alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6740

JAMES ARTHUR BROWN,

Plaintiff - Appellant,

versus

LONNIE M. SAUNDERS, Warden, Augusta Correctional Center; JOHN B. METZGER, III, Chairman,

Virginia Parole Board; RONALD ANGELONE, Director, Virginia Department of Corrections;

LAUREL A. CORNER, Manager, Central Criminal

and Legal Records; V. V. GRANT, Augusta Grievance Coordinator; MRS. BYRAM, Secretary/AWP,

Augusta Correctional Center,

Defendants - Appellees,

and

LYDIA CALVERT TAYLOR, Judge, Circuit Court for

the City of Norfolk; THOMAS H. WOOD, Judge,

Augusta County Circuit Court; R. M. SPENCER,

Judge, Norfolk General District Court; KENT P.

PORTER, Assistant Commonwealth Attorney, Circuit Court for the City of Norfolk; JAMES N.

GARRETT, JR., Defense Counsel, Portsmouth;

JUNIUS P. FULTON, III, Appellate Counsel, Norfolk, Virginia; MARION R. CRANK, Detective,

Youth Division S/C Unit of Norfolk,

Defendants.
2

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Richard B. Kellam, Senior District

Judge. (CA-94-804-2)

Submitted: February 27, 1997 Decided: March 10, 1997

Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

James Arthur Brown, Appellant Pro Se. Mary Elizabeth Shea, OFFICE

OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for

Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
3

PER CURIAM:

Appellant appeals the district court's order denying relief on

his 42 U.S.C. § 1983 (1994) complaint. We have reviewed the record

and the district court's opinion and find no reversible error.

Appellant filed an action seeking damages, challenging his ineligibility for parole under Virginia law. To recover damages for an

allegedly unconstitutional conviction or sentence, or for other

harm caused by actions whose unlawfulness would render a conviction

or sentence invalid, a prisoner must prove that the conviction or

sentence was: (1) reversed on direct appeal; (2) expunged by executive order; (3) declared invalid by a state tribunal authorized to

make such a determination; or (4) called into question by a federal

court's issuance of a writ pursuant to 28 U.S.C. § 2254 (1994),

amended by Antiterrorism and Effective Death Penalty Act of 1996,

Pub. L. No. 104-132, 110 Stat. 1214. See Heck v. Humphrey, ___ U.S.

___, 62 U.S.L.W. 4594, 4597 (U.S. June 24, 1994) (No. 93-6188).

Because Appellant has failed to make such a showing, his claim is

not ripe and must be dismissed without prejudice. Accordingly, we

affirm as modified to reflect dismissal without prejudice to Appellant's right to file another action if his claim becomes ripe. We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED AS MODIFIED
Exhibit 32

                            Certification Pursuant to
                             18 U.S.C. Section 1350,
                             as Adopted Pursuant to
                  Section 906 of the Sarbanes-Oxley Act of 2002

     In connection with the Quarterly Report of Amscan Holdings, Inc. (the
"Company") on Form 10-Q for the period ended March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), we, Gerald
C. Rittenberg, Chief Executive Officer and Michael A. Correale, Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted
pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

     (1) The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

     (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.



                                /s/ GERALD C. RITTENBERG
                               __________________________________
                               Gerald C. Rittenberg
                               Chief Executive Officer


                                /s/ MICHAEL A. CORREALE
                               __________________________________
                               Michael A. Correale
                               Chief Financial Officer


May 17, 2004
<PAGE>


                                                                    Exhibit 99.2




Factory Card & Party Outlet Corporation
2727 Diehl Road
Naperville, Illinois 60563


We have made a review, in accordance with standards established by the American
Institute of Certified Public Accountants, of the unaudited interim financial
information of Factory Card & Party Outlet Corporation and subsidiaries for the
three month and four month periods ended August 3, 2002, and the 2 month period
ended April 6, 2002; because we did not perform an audit, we expressed no
opinion on that information.

We are aware that our report referred to above, which is included in your
Quarterly Report on Form 10-Q for the quarter ended August 3, 2002, is
incorporated by reference in Registration Statement No. 36-3652087 on Form S-8.

We also are aware that the aforementioned report, pursuant to Rule 436(c) under
the Securities Act of 1933, is not considered a part of the Registration
Statement prepared or certified by an accountant or a report prepared or
certified by an accountant within the meaning of Sections 7 and 11 of that Act.

/s/  Deloitte & Touche LLP
Chicago, Illinois
September 16, 2002
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 Energy

###### Federal Energy Regulatory Commission 

          - [Docket No. EL08-25-000] 

Take notice that on December 21, 2007, the City of Anaheim, California filed its fifth annual revision to its Transmission Revenue Balancing Account Adjustment, to become effective January 1, 2008. 

Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. 

                    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at                     *http://www.ferc.gov*. Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426.                 

                    This filing is accessible on-line at                     *http://www.ferc.gov,*                     using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail                     *FERCOnlineSupport@ferc.gov,*                     or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.                 

*Comment Date:*                     5 p.m., Eastern Time on January 22, 2008.                 

Kimberly D. Bose, 

Secretary. 

 [FR Doc. E8-233 Filed 1-9-08; 8:45 am] 

BILLING CODE 6717-01-P
<PAGE>


                                                                    Exhibit 99.2


                            CERTIFICATION PURSUANT TO
                 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In connection with the Amended Annual Report of HPSC, Inc. (the
"Company") on Form 10-K/A for the period ending December 31, 2001 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Rene LeFebvre, Chief Financial Officer of the Company, certify, pursuant to
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that:

         (1)      The Report fully complies with the requirements of section
                  13(a) or 15(d) of the Securities Exchange Act of 1934; and

         (2)      The information contained in the Report fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Company.



/s/  Rene LeFebvre
-----------------------
Rene LeFebvre
Chief Financial Officer
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 9Federal Reserve Bank of: MinneapolisFilings received during the week ending January 23, 2021FilerFiling TypeFiling ProposalEnd of Comment PeriodFISHBACK FINANCIAL CORPORATION                                                                                          CICAnn Fishback Rivlin, Madison, Wisconsin, individually and as trustee of the John T. Fishback Irrevocable Trust; AFR Holdings Trust; JTF Holdings Trust; Patricia S. Fishback GRAT 2B Trust;  Patricia S. Fishback GRAT 2C Trust; Patricia S. Fishback GRAT 4C Trust; Patricia S. Fishback GRAT 8C Trust; and Patricia S. Fishback GRAT 10C Trust (all of Brookings, South Dakota and, collectively, "Rivlin Trusts"), to retain control of Fishback Financial Corporation, Brookings, South Dakota ("FFC"), and thereby indirectly retain control of First Bank & Trust, Brookings, South Dakota. In addition, the Rivlin Trusts and the Oliver V. Fishback Trust (Thomas M. Fishback, trustee), Brookings, South Dakota; the Robert E. Fishback GRAT 2C Trust (Patricia S. Fishback, trustee), Brookings, South Dakota; the PVF FFC Holdings Trust (Paul V. Fishback, trustee), Brookings, South Dakota; the JNF FFC Holdings Trust (James N. Fishback, trustee), Sioux Falls, South Dakota; and the Van D. Fishback Revocable FFC Holdings Trust (Van D. Fishback, trustee), Brookings, South Dakota, to retain voting shares and thereby join the Fishback family shareholder group, a group acting in concert, which controls FFC.Newspaper: 01/26/2021Federal Register: 01/25/2021
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Civil Action No. 11-cv-02099-REB-KLM

LINDA PACE, on behalf of herself and other similarly situated,

Plaintiff,

v.

YES COMMUNITIES, INC.,

Defendant.

ORDER RE: MOTIONS FOR CLASS CERTIFICATION

Blackburn, J.

The matter is before the court sua sponte. In this putative class action, the court

recognizes the requirement under Fed. R. Civ. P. 23(c)(1)(A) to determine whether to

certify a class before the case properly can proceed to resolution by summary

judgment, trial, or otherwise. Therefore, I establish the following briefing schedule to

govern resolution of this and related matters.

IT IS ORDERED as follows:

1. That by December 1, 2011, the plaintiff SHALL FILE a motion for class

certification under Fed. R. Civ. P. 23 (a) that addresses, inter alia, (i) the prerequisites at

Fed. R. Civ. P. 23(a)(1)-(4), and (ii) the matters at Fed. R. Civ. P. 23(b); (b) that defines

the proposed class; and (c) that requests the appointment of class counsel;

2. That the deadlines for filing response and reply briefs SHALL BE AS

PRESCRIBED under D.C.COLO.LCivR 7.1C.;

3. That an applicant for class counsel SHALL ADDRESS the matters at Fed. R.

Case 1:11-cv-02099-REB-KLM Document 15 Filed 11/01/11 USDC Colorado Page 1 of 2
2

Civ. P. 23(g)(1)(A)(i)-(iv) and any other matter pertinent to the applicant’s ability to fairly

and adequately represent the interests of the proposed class; and

4. That based on the parties’ submissions, the court WILL either rule on the

papers, order further briefing, convene an evidentiary hearing, or take such further

action as the court in its discretion deems proper and necessary.

Dated November 1, 2011, at Denver, Colorado.

BY THE COURT:

Case 1:11-cv-02099-REB-KLM Document 15 Filed 11/01/11 USDC Colorado Page 2 of 2
September 17, 2013

JUDGMENT

The Fourteenth Court of Appeals

DONTRAL ALEXANDER SANDERS, Appellant

NO. 14-13-00068-CR V.

THE STATE OF TEXAS, Appellee

________________________________

This cause was heard on the transcript of the record of the court below. The 

record indicates that the appeal should be DISMISSED. The Court orders the 

appeal DISMISSED in accordance with its opinion.

We further order this decision certified below for observance.
<PAGE>
                                                                    EXHIBIT 23.1



                         INDEPENDENT AUDITORS' CONSENT


The Board of Directors
Radyne ComStream Inc.;

We consent to the incorporation by reference in the registration statements of
Radyne ComStream Inc. on Form S-8 (File No. 333-23159) filed as of March 12,
1997, Form S-8 (File No. 333-67469) filed as of November 18, 1998 and amended
as of May 5, 1999. Form S-8 (File No. 333-90383) filed as of November 5, 1999,
Form S-8 (File No. 333-41704) filed as of July 19, 2000, and Form S-8 (File No.
333-89316) filed as of May 29, 2002, of our report dated February 27, 2004, on
the consolidated balance sheets of Radyne ComStream Inc. and subsidiaries as of
December 31, 2003 and 2002 and the related consolidated statements of
operations, stockholders' equity and comprehensive income (loss) and cash flows
for each of the years in the three-year period ended December 31, 2003, which
report appears in the December 31, 2003, annual report on Form 10-K of Radyne
ComStream Inc.

As discussed in Note 2 to the consolidated financial statements, the Company
adopted the provisions of Statement of Financial Accounting Standards No. 142,
"Goodwill and Other Intangible Assets" which changed the Company's method of
accounting for goodwill and other intangible assets effective January 1, 2002.

/s/ KPMG LLP


Phoenix, Arizona
March 12, 2004
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Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Integral Systems, Inc. (the Company) on Form 10-K for the twelve months ended September 30,
2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John B. Higginbotham the Chief Executive Officer and President of the Company, certify, pursuant to and for purposes of 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                     
|-------------------------------------
|/s/ JOHN B. HIGGINBOTHAM             
|John B. Higginbotham                 
|Chief Executive Officer and President
|Date: December 24, 2008
Exhibit 32.1

CERTIFICATION PURSUANT TO18 U.S.C. 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-K of First Citizens Bancshares, Inc. (the "Company") for theyear ended December 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned Chief Executive Officer and Chief Financial Officer of the Company, certifies to the best knowledge and belief of the signatory, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:

The report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 

                                           /s/ Katie S. Winchester                                           Chief Executive Officer                                            Date: March 12, 2004
EXHIBIT 23.1
                                                                  ------------




                 CONSENT OF INDEPENDENT ACCOUNTANTS
                 ----------------------------------


We consent to the  incorporation by reference in the  Registration Statements on
Form S-8 for TBC  Corporation's  1989 Stock  Incentive Plan of our reports dated
January  28,  2000,  relating  to  the  consolidated  financial  statements  and
financial  statement  schedule of TBC  Corporation and its  subsidiaries,  as of
December 31, 1999 and 1998 and for the years ended December 31, 1999,  1998, and
1997, which reports are included in this Annual Report on Form 10-K.


                                                  PRICEWATERHOUSECOOPERS LLP




Memphis, Tennessee
February 11, 2000






















                                -44-




<PAGE>
H. Res. 980 

In the House of Representatives, U. S., 

February 14, 2008. 

Resolved, That the Chairman of the Committee on the 

Judiciary is authorized to initiate or intervene in judicial proceedings in any Federal court of competent jurisdiction, on 

behalf of the Committee on the Judiciary, to seek declaratory 

judgments affirming the duty of any individual to comply 

with any subpoena that is a subject of House Resolution 979 

issued to such individual by the Committee as part of its investigation into the firing of certain United States Attorneys 

and related matters, and to seek appropriate ancillary relief, 

including injunctive relief. 

SEC. 2. The Committee on the Judiciary shall report as 

soon as practicable to the House with respect to any judicial 

proceedings which it initiates or in which it intervenes pursuant to this resolution. 

SEC. 3. The Office of General Counsel of the House of 

Representatives shall, at the authorization of the Speaker, 

represent the Committee on the Judiciary in any litigation 

pursuant to this resolution. In giving that authorization, the 
2 

•HRES 980 EH 

Speaker shall consult with the Bipartisan Legal Advisory 

Group established pursuant to clause 8 of Rule II. 

Attest: 

Clerk.
II 

110TH CONGRESS 

1ST SESSION S. 1270 

To amend title IV of the Employee Retirement Income Security Act of 

1974 to require the Pension Benefit Guaranty Corporation, in the case 

of airline pilots who are required by regulation to retire at age 60, 

to compute the actuarial value of monthly benefits in the form of a 

life annuity commencing at age 60. 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2007 

Mr. AKAKA (for himself, Mr. KENNEDY, Mr. INOUYE, Mr. OBAMA, Mr. DURBIN, Mr. HARKIN, Mr. SALAZAR, and Mr. ISAKSON) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To amend title IV of the Employee Retirement Income Security Act of 1974 to require the Pension Benefit Guaranty 

Corporation, in the case of airline pilots who are required 

by regulation to retire at age 60, to compute the actuarial value of monthly benefits in the form of a life 

annuity commencing at age 60. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pension Benefit Guar5 anty Corporation Pilots Equitable Treatment Act’’. 

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2 

•S 1270 IS

1 SEC. 2. AGE REQUIREMENT FOR AIRLINE PILOTS. 

2 (a) SINGLE-EMPLOYER PLAN BENEFITS GUARAN3 TEED.—Section 4022(b)(3) of the Employee Retirement 

4 Income Security Act of 1974 (29 U.S.C. 1322(b)(3)) is 

5 amended by inserting at the end the following: ‘‘If, at the 

6 time of termination of a plan under this title, regulations 

7 prescribed by the Federal Aviation Administration require 

8 an individual to separate from service as a commercial air9 line pilot after attaining any age before age 65, this para10 graph shall be applied to an individual who is a participant 

11 in the plan by reason of such service by substituting such 

12 age for age 65.’’. 

13 (b) AGGREGATE LIMIT ON BENEFITS GUARANTEED; 

14 CRITERIA APPLICABLE.—Section 4022B(a) of the Em15 ployee Retirement Income Security Act of 1974 (29 

16 U.S.C. 1322b(a)) is amended by adding at the end the 

17 following: ‘‘If, at the time of termination of a plan under 

18 this title, regulations prescribed by the Federal Aviation 

19 Administration require an individual to separate from 

20 service as a commercial airline pilot after attaining any 

21 age before age 65, this subsection shall be applied to an 

22 individual who is a participant in the plan by reason of 

23 such service by substituting such age for age 65.’’. 

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3 

•S 1270 IS

1 SEC. 3. EFFECTIVE DATE. 

2 The amendments made by this Act shall apply to ben3 efits payable on or after the date of enactment of this Act. 

Æ 

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