alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 40427 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

SILVINO HERNANDEZ

,

Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:13

- CR

- 967

Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Silvino Hernandez

has moved for leave to withdraw and has filed a brief in accordance with
Anders v. California , 386 U.S. 738 (1967), and United Stat es v. Flores , 632 F.3d
229 (5th Cir. 2011). Hernandez h a s not filed a response. We have reviewed
counsel’s brief and the relevant portions of the record reflected therein. We
concur with counsel’s assessment that the appeal presents no nonfrivolous

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 23, 2015
Lyle W. Cayce Clerk Case: 14-40427 Document: 00513017634 Page: 1 Date Filed: 04/23/2015No. 14

- 40427

is sue for appellate review. Accordingly, counsel’s motion for leave to withdraw
is GRANTED, counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2.

2 Case: 14-40427 Document: 00513017634 Page: 2 Date Filed: 04/23/2015
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly, Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
Justices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk July 26, 2010

s0719 

# Order

July 26, 2010

140332

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 140332 COA: 293770 Missaukee CC: 2004-001905-FH ROBERT EUGENE KREGEAR, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the December 9, 2009 order of the Court of Appeals is considered , and it is DENIED, because the defendant has
failed to meet the burden of establishi ng entitlement to relief under MCR 6.508(D).
[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Notices]
[Page 54880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22183]


-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>11409 and <greek-i>11410]


Florida Disaster Number FL-00035

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 3.

-----------------------------------------------------------------------

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for the State of Florida (FEMA-1785-DR), dated 08/26/
2008.
    Incident: Tropical Storm Fay.
    Incident Period: 08/18/2008 and continuing through 09/12/2008.
    Effective Date: 09/12/2008.
    Physical Loan Application Deadline Date: 10/27/2008.
    EIDL Loan Application Deadline Date: 05/26/2009.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the President's major disaster 
declaration for the State of Florida, dated 08/26/2008 is hereby 
amended to establish the incident period for this disaster as beginning 
08/18/2008 and continuing through 09/12/2008.
    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

James E. Rivera,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. E8-22183 Filed 9-22-08; 8:45 am]
BILLING CODE 8025-01-P
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           1,090
<INT-BEARING-DEPOSITS>                           8,360
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                         62
<INVESTMENTS-CARRYING>                           3,465
<INVESTMENTS-MARKET>                             3,478
<LOANS>                                         84,011
<ALLOWANCE>                                        336
<TOTAL-ASSETS>                                 100,209
<DEPOSITS>                                      76,116
<SHORT-TERM>                                     7,765
<LIABILITIES-OTHER>                              5,878
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           108
<OTHER-SE>                                      15,632
<TOTAL-LIABILITIES-AND-EQUITY>                 100,209
<INTEREST-LOAN>                                  3,293
<INTEREST-INVEST>                                  171
<INTEREST-OTHER>                                   125
<INTEREST-TOTAL>                                 3,589
<INTEREST-DEPOSIT>                               1,838
<INTEREST-EXPENSE>                               2,021
<INTEREST-INCOME-NET>                            1,568
<LOAN-LOSSES>                                       17
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  1,624
<INCOME-PRETAX>                                     99
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        55
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                     3.4
<LOANS-NON>                                        235
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   325
<CHARGE-OFFS>                                        7
<RECOVERIES>                                         1
<ALLOWANCE-CLOSE>                                  336
<ALLOWANCE-DOMESTIC>                               336
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration 

          - [TA-W-63,197] 

      ( print page 54858)    
                    In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Notice of Revised Determination on Reconsideration on August 27, 2008, applicable to workers of Dan River, Inc., Danville Operations, Danville, Virginia. The notice was published in the                     **Federal Register**                     on September 8, 2008 (73 FR 52070-52071).                 

At the request of the State agency, the Department reviewed the Notice of Revised Determination on Reconsideration for workers of the subject firm. The workers are engaged in the production of package labels and packaging material. 

The review shows that all workers of Dan River, Inc., Danville, Virginia, were previously certified eligible to apply for adjustment assistance under petition number TA-W-57,724, which expired on September 13, 2007. 

Therefore, in order to avoid an overlap in worker group coverage, the Department is amending the April 14, 2007 impact date established for TA-W-63,197 to read September 14, 2007. 

The amended notice applicable to TA-W-63,197 is hereby issued as follows:

“All workers of Dan River, Inc., Danville Operations, Danville, Virginia, who became totally or partially separated from employment on or after September 14, 2007 through August 27, 2010, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.”

Signed in Washington, DC., this 15th day of September 2008. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E8-22125 Filed 9-22-08; 8:45 am] 

BILLING CODE 4510-FN-P
Case 1:05-cr-00165-SM Document 7 Filed 09/15/05 Page 1 of 3Case 1:05-cr-00165-SM Document 7 Filed 09/15/05 Page 2 of 3Case 1:05-cr-00165-SM Document 7 Filed 09/15/05 Page 3 of 3
#### J. A. Bowers, Defendant in Error, v. J. A. McIntire *et*al., Plaintiffs in Error.

Kansas City Court of Appeals,

May 11, 1891.

'Trial Practice: judgment at return term. "Where a motion for judgment on the pleadings, — petition and answer, — was without objection taken up, heard and sustained at the return term while the revision of 1879 was still in force, a motion at the next regular term to s.et the judgment aside because rendered at the return term is properly overruled.

*Appeal from the Pettis Circuit Court.*— Hon. Richard Field, Judge.

Affirmed.

*B. C. Boone, N. K.*Chapman, for. plaintiffs in error.

The court erred in rendering judgment on said motion. It being the return term, the cause was not triable at that term. R. S. 1879, sec. 3514, p. 602. This section was in force at the time of the rendition of •said judgment. Section 2042, Revised Statutes, 1889, did not go into effect until November 1, 1889. R. S. 1889, sec. 6614, p. 1552.

*E. J. Smith,*for defendant in error.

Summons being served thirty days before court, the case was triable at the first term. R. S. 1889, sec. 2042. The whole “practice act” of 1889 went into effect August 22, 1889. Constitution, art. 4, sec. 36, Certificate of Secretary of State, addenda to Session Laws of 1889 ; R. S. 1889, sec. 2313, Laws, 1889, p. 210, sec. 3784; R. S. 1889, secs. 6605, 6614; Laws of 1889, art. 3, chap. 98, p. 67, sec. 1150. The supreme court held the “ practice act” went into effect before November 1, 1889, for *332it held its October term of that year under that act (sec. 2313) and not under section 9, article 6, of the constitution.

Ellison, J.

— This action was instituted by filing a petition. Defendant answered at the return term, and at same term plaintiff moved for judgment on the pleadings. This motion was taken up without objection and sustained by the court. *No*exception was taken. At the next regular term defendant filed a motion to set aside this judgment for the reason that it was rendered at the return term while (as it is claimed) the Revised Statutes, 1879, were yet in force. This motion was overruled as it should have been. The parties were in court, and submitted to the action of the court without objection or exception. The judgment is affirmed.

All concur.
UNITED STATES DISTRICT COURT 

DISTRICT OF NEW HAMPSHIRE 

UNITED STATES OF AMERICA, 

Plaintiff, 

Land and Buildings Located at 10 Towle Road, 

Kingston, New Hampshire, with all Appurtenances 

and Improvements Thereon, Owned by Theodore Gagalis, 

Defendant-in-rem. 

CIVIL NO. 06-421-SM 

ORDER FOR INTERLOCUTORY SALE OF LAND AND BUILDINGS 

LOCATED AT 10 TOWLE ROAD. KINGSTON, NEW HAMPSHIRE 

Having reviewed the Motion for Interlocutory Sale of Land and Buildings Located at 

10 Towle Road, Kingston, New Hampshire, 

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 

1. The defendant-in-rem real property, Land and Buildings Located at 10 Towle 

Road, Jaffrey, New Hampshire, with all Appurtenances and Improvements Thereon, Owned by 

Theodore Gagalis, shall be sold at an interlocutory sale pursuant to the terms set forth in the 

Motion for Interlocutory Sale; 

2. Mr. Gagalis will execute promptly any documents which may be required to 

complete the interlocutory sale of the defendant property; 

3. The United States Marshals Service (USMS) will promptly market and sell the 

property at a commercially reasonable price; 

4. The USMS may, in its sole discretion, reject any offer to purchase the 

defendant property where it determines that the offer is being made by, or on behalf of, a person 

involved in the criminal activity alleged as the basis for forfeiture; 

Case 1:06-cv-00421-SM Document 63 Filed 05/18/11 Page 1 of 2
5. The net proceeds from the sale of the defendant property will include all money 

realized from the sale of the defendant property, except for the following expenses, which shall 

be paid at the time of closing from the proceeds of the sale: 

1. Real estate commissions, if any; 

2. The amounts due to lienholders; 

3. Real estate property taxes which are due and owing; 

4. Insurance costs, if any; 

5. Escrow fees; 

6. Document recording fees not paid by the buyer; 

7. Title fees; 

8. Transfer taxes; 

6. The net proceeds realized from the sale of the defendant property shall be 

provided as a "substitute res" for the defendant property named in this lawsuit, and shall be 

remitted to the custody and control of the United States Marshals Service as a substitute res in 

this case, and held pending further order of the Court; and 

7. Mr. Gagalis will retain custody, control, and responsibility for the defendant 

property, will retain existing hazard and homeowners' insurance on the defendant property, and 

will maintain the structure and grounds in a manner consistent with offering the property for 

sale. 

/s/ Steven J. McAuliffe 

Dated: May 18, 2011 

Steven J. McAuliffe, Chief Judge 

U.S. District Court 

2 

Case 1:06-cv-00421-SM Document 63 Filed 05/18/11 Page 2 of 2
UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Ramon Guerrero

v. Civil No. 06-cv-173-JL

N.H. Department of

Corrections, et al.

 O R D E R

The respondents’ motion for summary judgment (doc. #14) is

GRANTED. The record before the court, which included affidavits

from New Hampshire State Prison personnel and copies of Inmate

Request Slips, establishes that the petitioner never progressed

beyond the first level of the New Hampshire State Prison’s

grievance procedure with respect to the claims before the court,

and the petitioner has filed no objection or response suggesting

otherwise. The court finds and rules that the petitioner has

failed to exhaust his administrative remedies before bringing

suit as required by the Prisoner Litigation Reform Act, 42 U.S.C.

§ 1997e(a) (2001). See Knowles v. N.H. State Dept. of Corr., 538

F. Supp.2d 453, 459-60 (D.N.H. 2008). As administrative

exhaustion is a prerequisite to bringing suit, the respondents

are awarded summary judgment. 

Case 1:06-cv-00173-JL Document 15 Filed 06/19/08 Page 1 of 2
2

SO ORDERED.

 

Joseph N. Laplante

United States District Judge

Dated: June 19, 2008

cc: Lawrence A. Vogelman, Esq.

Glenn A. Perlow, Esq.

Case 1:06-cv-00173-JL Document 15 Filed 06/19/08 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

Plaintiff,

vs.

LEONIRES PEREZ-GONZALES, and 

ALEAH MEYER,

Defendants.

)

)

)

)

)

)

)

)

)

)

)

)

)

 8:23CR112

ORDER

This matter is before the court on the defendant, Leonires Perez-Gonzales’ 

unopposed Motion to Continue Jury Trial [68]. Counsel needs additional time to resolve 

the matter short of trial. The government and counsel for co-defendant, Aleah Meyer,

have been contacted and have no objection to the continuance. For good cause shown,

IT IS ORDERED that the Motion to Continue Trial [68] is granted, as follows:

1. The jury trial, for both defendants, now set for January 29, 2024, is continued 

to March 4, 2024.

2. In accordance with 18 U.S.C. § 3161(h)(7)(A), the court finds that the ends of 

justice will be served by granting this continuance and outweigh the interests 

of the public and the defendants in a speedy trial. Any additional time arising 

as a result of the granting of this motion, that is, the time between today’s date 

and March 4, 2024, shall be deemed excludable time in any computation of 

time under the requirement of the Speedy Trial Act. Failure to grant a 

continuance would deny counsel the reasonable time necessary for effective 

preparation, taking into account the exercise of due diligence. 18 U.S.C. § 

3161(h)(6), (7)(A) & (B)(iv).

DATED: January 16, 2024.

BY THE COURT:

s/ Susan M. Bazis

United States Magistrate Judge

8:23-cr-00112-RFR-SMB Doc # 69 Filed: 01/16/24 Page 1 of 1 - Page ID # 142
[Federal Register Volume 73, Number 182 (Thursday, September 18, 2008)]
[Notices]
[Page 54172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21840]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,022]


Irwin Industrial Tools Including On-Site Leased Workers From 
Work-A-While, Advance Services, Inc. and Oasis Staffing Dewitt, 
Nebraska; Amended Certification Regarding Eligibility To Apply for 
Worker Adjustment Assistance and Alternative Trade Adjustment 
Assistance

    In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 
2273), and section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as 
amended, the Department of Labor issued a Certification of Eligibility 
to Apply for Worker Adjustment Assistance and Alternative Trade 
Adjustment Assistance on August 31, 2007, applicable to workers of 
Irwin Industrial Tools, including on-site leased workers from Work-A-
While and Advance Services, Inc., Dewitt, Nebraska. The notice was 
published in the Federal Register on September 11, 2007 (72 FR 51845).
    At the request of the State agency, the Department reviewed the 
certification for workers of the subject firm. The workers are engaged 
in the production of VISE-GRIP locking pliers and clamps.
    New information shows that leased workers of Oasis Staffing were 
employed on-site at the Dewitt, Nebraska location of Irwin Industrial 
Tools.
    The Department has determined that these workers were sufficiently 
under the control of the subject firm to be considered leased workers.
    Based on these findings, the Department is amending this 
certification to include leased workers of Oasis Staffing working on-
site at the Dewitt, Nebraska location of the subject firm.
    The intent of the Department's certification is to include all 
workers employed at Irwin Industrial who were adversely affected by a 
shift in production of VISE-GRIP locking pliers and clamps to China.
    The amended notice applicable to TA-W-62,022 is hereby issued as 
follows:

    ``All workers of Irwin Industrial Tools, including on-site 
leased workers from Work-A-While, Advance Services, Inc. and Oasis 
Staffing, Dewitt, Nebraska, who became totally or partially 
separated from employment on or after August 21, 2006, through 
August 31, 2009, are eligible to apply for adjustment assistance 
under Section 223 of the Trade Act of 1974, and are also eligible to 
apply for alternative trade adjustment assistance under Section 246 
of the Trade Act of 1974.''

    Signed at Washington, DC this 10th day of September 2008.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-21840 Filed 9-17-08; 8:45 am]
BILLING CODE 4510-FN-P
```

[Federal Register Volume 73, Number 184 (Monday, September 22, 2008)]
[Notices]
[Page 54654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22027]

-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration 11418 and 11419]

Louisiana Disaster Number LA-00019

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 2.

-----------------------------------------------------------------------

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for the State of Louisiana (FEMA-1786-DR), dated 09/02/
2008.
    Incident: Hurricane Gustav.
    Incident Period: 09/01/2008 and continuing.
    Effective Date: 09/10/2008.
    Physical Loan Application Deadline Date: 11/03/2008.
    EIDL Loan Application Deadline Date: 06/02/2009.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster 
declaration for the State of Louisiana, dated 09/02/2008 is hereby 
amended to include the following areas as adversely affected by the 
disaster:

Primary Parishes: (Physical Damage and Economic Injury Loans):
    Catahoula, Franklin, Grant, La Salle, Saint Helena, Washington.

Contiguous Parishes/Counties: (Economic Injury Loans Only):
    Louisiana: Caldwell, Madison, Richland, Tensas, Winn.
    Mississippi: Marion, Walthall.

    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Herbert L. Mitchell,
Associate Administrator for Disaster Assistance.
[FR Doc. E8-22027 Filed 9-19-08; 8:45 am]
BILLING CODE 8025-01-P
```
Exhibit (10)(a)

    

    

    

    

    

    

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    We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in Post-Effective Amendment No. 26 to the 1933 Act
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      statements of The Lincoln National Life Insurance Company and (b) April 16, 2019, with respect to the financial statements of Lincoln Life Variable Annuity Account N for the registration of interests in a separate account under
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