alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02518-BNB

JOHN RAINEY,

Plaintiff,

v.

DOC,

Defendant.

ORDER DISMISSING CASE

Plaintiff, John Rainey, is a prisoner in the custody of the Colorado Department of

Corrections (DOC) who is currently incarcerated at the Centennial Correctional Facility

in Canon City, Colorado. Mr. Rainey initiated this action by filing a pro se Prisoner

Complaint and a motion for leave to proceed in forma pauperis pursuant to 28 U.S.C.

§ 1915 on October 17, 2011. He has been granted leave to proceed pursuant to 28

U.S.C. § 1915.

On November 1, 2011, Mr. Rainey filed a letter to the Court asking that this

action be dismissed without prejudice. In the letter, Mr. Rainey states that he seeks a

voluntary dismissal because he has not yet completed the grievance process. The

Court will construe the letter as a Notice of Dismissal filed pursuant to Rule 41(a)(1) of

the Federal Rules of Civil Procedure.

Fed. R. Civ. P. 41(a)(1) provides that “the plaintiff may dismiss an action without

a court order by filing: (i) a notice of dismissal before the opposing party serves either

Case 1:11-cv-02518-LTB Document 12 Filed 11/07/11 USDC Colorado Page 1 of 2
an answer or a motion for summary judgment . . . .” No answer or motion for summary

judgment has been filed by Defendant in this action. Further, a voluntary dismissal

under Rule 41(a)(1) is effective immediately upon the filing of a written notice of

dismissal, and no subsequent court order is necessary. See J. Moore, Moore's Federal

Practice ¶ 41.02(2) (2d ed. 1995); Hyde Constr. Co. v. Koehring Co., 388 F.2d 501,

507 (10th Cir. 1968). The Notice, therefore, closes the file as of November 1, 2011. 

See Hyde Constr. Co., 388 F.2d at 507. Accordingly, it is

ORDERED that the action is dismissed pursuant to Fed. R. Civ. P. 41(a)(1). It is

FURTHER ORDERED that the voluntary dismissal is without prejudice and is

effective as of November 1, 2011, the date Plaintiff filed the Notice in this action. It is

FURTHER ORDERED that all pending motions are denied as moot.

DATED at Denver, Colorado, this 7th day of November , 2011.

BY THE COURT:

 s/Lewis T. Babcock 

LEWIS T. BABCOCK, Senior Judge

United States District Court

Case 1:11-cv-02518-LTB Document 12 Filed 11/07/11 USDC Colorado Page 2 of 2
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1546 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                S. 1546

   To amend the Internal Revenue Code of 1986 to treat gold, silver, 
platinum, and palladium, in either coin or bar form, in the same manner 
as equities and mutual funds for purposes of the maximum capital gains 
                         rate for individuals.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2007

  Mr. Crapo (for himself, Mr. Reid, Mr. Ensign, Mr. Stevens, and Mr. 
Craig) introduced the following bill; which was read twice and referred 
                      to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To amend the Internal Revenue Code of 1986 to treat gold, silver, 
platinum, and palladium, in either coin or bar form, in the same manner 
as equities and mutual funds for purposes of the maximum capital gains 
                         rate for individuals.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Treatment for Precious Metals 
Investors Act''.

SEC. 2. GOLD, SILVER, PLATINUM, AND PALLADIUM TREATED IN THE SAME 
              MANNER AS STOCKS AND BONDS FOR MAXIMUM CAPITAL GAINS RATE 
              FOR INDIVIDUALS.

    (a) In General.--Section 1(h)(5) of the Internal Revenue Code of 
1986 (relating to definition of collectibles gain and loss) is 
amended--
            (1) by striking ``(as defined in section 408(m) without 
        regard to paragraph (3) thereof)'' in subparagraph (A), and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Collectible.--For purposes of this paragraph, 
                the term `collectible' has the meaning given such term 
                by section 408(m), except that in applying paragraph 
                (3)(B) thereof the determination of whether any bullion 
                is excluded from treatment as a collectible shall be 
                made without regard to the person who is in physical 
                possession of the bullion.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to taxable years beginning after December 31, 2006.
                                 <all>
```
Exhibit 23





                       CONSENT OF INDEPENDENT ACCOUNTANTS



         We  consent  to the  incorporation  by  reference  in the  registration
statements  of  Conseco,  Inc.  on Form S-8  (File  Nos.  33-  57079,  33-56901,
33-57931,  33-40556,  33-58710,  33-58712,  333-10297,   333-18037,   333-18581,
333-19783  and  333-23251)  of our report dated March 14, 1997, on our audits of
the  consolidated  financial  statements  and financial  statement  schedules of
Conseco, Inc. as of December 31, 1996 and 1995, and for the years ended December
31, 1996, 1995 and 1994,  which report is included in this Annual Report on Form
10-K.


                                               /s/ COOPERS & LYBRAND L.L.P.
                                               ---------------------------      
                                               Coopers & Lybrand L.L.P.



Indianapolis, Indiana
March 14, 1997
* Pursuant to Local Rule 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-11047

Summary Calendar

 

RICHARD ALLEN SWARTZ,

Plaintiff-Appellant,

versus

TEXAS BOARD OF PARDONS & PAROLES;

GARY SWAIN, Hearing Officer;

ERIC TRAINER, Parole Officer,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:94-CV-2793-G

- - - - - - - - - -

June 12, 1997

Before HIGGINBOTHAM, DUHE’ and BARKSDALE, Circuit Judges.

PER CURIAM:*

Richard Allen Swartz, Texas inmate #93108227, moves for

leave to proceed in forma pauperis (IFP) on appeal under the

Prison Litigation Reform Act of 1995 (PLRA). The PLRA requires a

prisoner appealing IFP in a civil action to pay the full amount

of the filing fee, $105. As Swartz does not have funds for

immediate payment of this fee, he is assessed an initial partial
No. 96-11047

- 2 -

filing fee of $57.17, in accordance with 28 U.S.C. § 1915(b)(1). 

Following payment of the initial partial filing fee, funds shall

be deducted from Swartz’s prisoner account until the full filing

fee is paid. See § 1915(b)(2).

IT IS ORDERED that Swartz pay the appropriate initial filing

fee to the Clerk of the District Court for the Northern District

of Texas. Swartz shall authorize the appropriate prison

authorities to withdraw this fee from his trust fund account in

accordance with their policy and local procedures and to forward

the fee to the Clerk of the District Court for the Northern

District of Texas. IT IS FURTHER ORDERED that the agency having

custody of Swartz’s inmate account shall collect the remainder of

the $105 filing fee and forward for payment, in accordance with 

§ 1915(b)(2), to the Clerk of the District Court for the Northern

District of Texas each time the amount in Swartz’s account

exceeds $10, until the appellate filing fee is paid.

Swartz challenges the dismissal of his civil rights

complaint by arguing that the district court erred by dismissing

the damages claim with prejudice because the presently running

statute of limitations will bar his claim once he has

successfully sought habeas relief. Limitations cannot run on a

claim which has yet to accrue. See Heck v. Humphrey, 512 U.S.

477, 489-90 (1994). No error is detected.

This appeal is frivolous and is therefore DISMISSED. See

5th Cir. R. 42.2. We caution Swartz that any additional
No. 96-11047

- 3 -

frivolous appeals filed by him will invite the imposition of

sanctions. To avoid sanctions, Swartz is further cautioned to

review all pending appeals to ensure that they do not raise

arguments that are frivolous because they have been previously

decided by this court.

APPEAL DISMISSED. IFP GRANTED. INITIAL PARTIAL FILING FEE

ASSESSED. SANCTION WARNING ISSUED.
#### In the Matter of Pauline H., Also Known as Nichole H., and Another. Jewish Child Care Association of New York, Respondent, v Diane H., Appellant.

Order of disposition of the Family Court, New York County (Mary Bednar, J.), entered on or about May 26, 1989, unanimously affirmed, without costs and without disbursements.

Application by appellant’s counsel to withdraw as counsel is granted *(see, Matter of Wise Servs. [Whyte],*131 AD2d 306). We have reviewed this record and agree with appellant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal. Concur—Kupferman, J. P., Sullivan, Asch, Wallach and Smith, JJ.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

HONORABLE MARCIA S. KRIEGER

Courtroom Deputy: Patricia Glover Date: August 22, 2012

Court Reporter: Terri Lindblom

Probation Officer: Gary Burney

Interpreter: Susanna Cahill

Criminal Action No. 11-cr-00412-MSK

Parties: Counsel:

UNITED STATES OF AMERICA, James Boma

Plaintiff,

v.

OCTAVIO QUEZADA-PEREZ, Robert Duthie, III

Defendant.

SENTENCING MINUTES

______________________________________________________________________________

9:15 a. m. Court in session.

Defendant present in custody

Interpreter sworn.

ORDER: Government’s Motion for Decrease for Acceptance of Responsibility (Doc. #330)

is GRANTED. 

Doc. #343 will be Restricted at Level 1

Change of Plea Hearing on April 6, 2012. Defendant pled guilty to Count 1 of the

Superseding Indictment.

Oral motion by the Government to dismiss Count 1 of the underlying Indictment against this

defendant. No objection by defendant.

ORDER: The Government’s oral motion to dismiss Count 1 of the underlying Indictment

against this defendant is GRANTED.

Parties received and reviewed the presentence report and all addenda.

The parties do not dispute the facts contained in the presentence report.

The parties do not dispute the calculation of the sentence under the Federal Sentencing

Guidelines as set forth in the original presentence report.

Case 1:11-cr-00412-REB-DW Document 361 Filed 08/22/12 USDC Colorado Page 1 of 2
Sentencing Minutes

Judge Marcia S. Krieger

Page 2

The Government does request departure (Doc. #331). Argument.

The parties do not contend that the sentence should be different from that calculated under the

Sentencing Guidelines in light of the sentencing objectives set forth in 18 U.S.C. Section

3553(a).

Allocution. - Statements made by: The defendant, defense counsel.

After consideration of the provisions of 18 U.S.C. 3553 (a), the Court announces the sentence it

intends to impose as reflected in the record. Counsel are offered the opportunity for further

argument. No further argument.

ORDER: The Government’s Motion fo Downward Departure (Doc. #331) is GRANTED.

THE DEFENDANT IS SENTENCED AS REFLECTED IN THE RECORD.

The defendant is advised of his right to appeal.

ORDER: Defendant is remanded to the custody of the United States Marshal for the

District of Colorado.

9:40 a.m. Court in recess.

Total Time: 25 minutes

Hearing concluded.

Case 1:11-cr-00412-REB-DW Document 361 Filed 08/22/12 USDC Colorado Page 2 of 2
1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02556-LTB

NED PACE, JR.,

Applicant,

v.

JOHN CHAPDELAINE, Acting Warden, 

THE PEOPLE OF THE STATE OF COLORADO, and

JOHN SUTHERS, the Attorney General of the State of Colorado,

Respondents.

ORDER TO CURE DEFICIENCY

Babcock, Senior Judge

Applicant submitted a Notice of Appeal on December 22, 2011. The court has

determined that the document is deficient as described in this order. Applicant will be

directed to cure the following if he wishes to pursue this appeal.

(A) Filing Fee 

 is not submitted

(B) Prisoner's Motion and Affidavit for Leave to Proceed on Appeal Pursuant to

28 U.S.C. § 1915 and Fed. R. App. P. 24 in a Habeas Corpus Action:

is not submitted

is missing affidavit

is missing required financial information

is missing an original signature by the prisoner

X is not on proper form (must use the court’s current form 

X other Trust account statement not certified by a

prison official

Accordingly, it is 

Case 1:11-cv-02556-LTB Document 15 Filed 01/04/12 USDC Colorado Page 1 of 2
2

ORDERED that Applicant cure the deficiencies designated above within thirty (30)

days from the date of this order. Any papers that Applicant files in response to this order

must include the civil action number on this order. It is 

FURTHER ORDERED that the Clerk of the Court mail to Applicant, together with a

copy of this order, an original and one copy of the following forms: Prisoner's Motion and

Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R. App.

P. 24 in a Habeas Corpus Action. It is

FURTHER ORDERED that, if Applicant fails to cure the designated deficiencies

within 30 days from the date of this order, the court of appeals will be so notified.

DATED at Denver, Colorado this 4th day of January, 2012.

BY THE COURT:

 s/Lewis T. Babcock

SENIOR JUDGE, UNITED STATES DISTRICT

COURT FOR THE DISTRICT OF COLORADO

Case 1:11-cv-02556-LTB Document 15 Filed 01/04/12 USDC Colorado Page 2 of 2
#### **Exhibit 32.7**

#### ** **

CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350

 

ASADOPTED PURSUANT TO

 

SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

 

Pursuant to Section 906of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18of the United States Code), the undersigned officer of Golden Cycle GoldCorporation, (the “Company”) does hereby certify with respect to the amendedAnnual Report of the Company on Form 10-K/A for the period ended December 31,2004 (the “Report”) that:

 

1.                                            The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities ExchangeAct of 1934; and

 

2.                                            The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 

Date: June 29, 2005

 
|   | /s/ R. Herbert Hampton         |   |
|--------|--------------------------------|--------|
|   |  R. Herbert Hampton       |
|   |  Chief Financial  Officer |

 

 

The foregoing certification is being furnishedsolely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350of Chapter 63 of Title 18 of the United States Code) and is not being filed aspart of the Report or as a separate disclosure document.

 

1

----
<PAGE>

              SUBSIDIARIES OF CHARTER BANCSHARES, INC.

The following comprise all the subsidiaries of Charter Bancshares, Inc.:

     CBH, Inc.
     2500 West Fourth Street, Suite 11
     Wilmington, Delaware 19899

     Charter National Bank-Houston
     2600 Citadel Plaza Drive
     Houston, Texas 77008

     Charter National Bank-Colonial
     2301 FM 1960 West
     Houston, Texas 77068

     University National Bank-Galveston
     700 University Blvd.
     Galveston, Texas 77550

     Charter Venture Group, Inc.
     2600 Citadel Plaza Drive
     Houston, Texas 77008

     Charter-Houston Securities, Inc.
     (formerly Charter Leasing, Inc.)
     2600 Citadel Plaza Drive
     Houston, Texas 77008

     Charter-Colonial Securities, Inc.
     (formerly Bissonnet West, Inc.)
     2600 Citadel Plaza Drive
     Houston, Texas 77008

     Charter Mortgage Company
     (formerly Capital Standard Mortgage Company)
     13101 Northwest Freeway, Ste. 120
     Houston, Texas 77040-6309

     Charter Bank, SSB
     (formerly West Loop Savings & Loan)
     4672 Beechnut
     Houston, Texas 77096

     Beechnut Holdings, Inc.
     2600 Citadel Plaza Drive
     Houston, Texas 77008
#### KIMBROUGH v. SWEAT.

Supreme Court of Florida.

January Term 1954.

Dismissed without opinion.
UNITED STATES DISTRICT COURT 

 FOR THE DISTRICT OF COLORADO 

Criminal Case No. 11-cr-00409-WYD 

UNITED STATES OF AMERICA, 

Plaintiff, 

v. 

1. WILLIAM G. BALLANTINE, 

Defendant. 

MINUTE ORDER 

ORDER ENTERED BY CHIEF JUDGE WILEY Y. DANIEL 

 On January 17, 2012, the parties contacted my chambers in order to reset the 

evidentiary hearing on the pending pretrial motions. Accordingly, the hearing is set for 

Tuesday, April 3, 2012 at 10:00 a.m.

 January 17, 2012
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-63,662]

                    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 Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on July 31, 2008, applicable to workers of Steelcase, Inc., City of Industry Plant, City of Industry, California. The notice was published in the                     **Federal Register**                     on August 12, 2008 (73 FR 46923).                

At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers were engaged in the production of office furniture.

New information shows that some workers separated from employment at the subject firm have had their wages reported under a separate unemployment insurance (UI) tax account for Andersons Desk, Inc.

Accordingly, the Department is amending the certification to properly reflect this matter.

The amended notice applicable to TA-W-63,662 is hereby issued as follows:

All workers of Steelcase, Inc., Andersons Desk, Inc., City of Industry Plant, City of Industry, California, who became totally or partially separated from employment on or after July 9, 2007, through July 31, 2010, 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.

      ( print page 60340)    
Signed at Washington, DC, this 2nd day of October 2008.

Linda G. Poole,

Certifying Officer, Division of Trade Adjustment Assistance.

 [FR Doc. E8-24126 Filed 10-9-08; 8:45 am]

BILLING CODE 4510-FN-P
EXHIBIT 10.44



|         |  |                                                             
|-------- |  | ------------------------------------------------------------
|Date:    |  | June 15, 2005                                               
|         | 
|To:      |  | Jeff Taylor                                                 
|         | 
|From:    |  | Pam Mellor, Dir. Compensation and Benefits, Cole Taylor Bank
|         | 
|Cc:      |  | Key Man Life Insurance File                                 
|         |  | Personnel File                                              
|         |  | Christine Sibrava, at Katten, Muchin, Rosenmann             
|         | 
|Subject: |  | Salary Continuation Following Death                         



I am pleased to inform you of a
benefit that was approved for you at the June 14, 2005 Taylor Capital Group, Inc. Compensation Committee meeting. The Committee members discussed and approved a salary continuation benefit for your family following your death. The specifics of this
benefit are as follows:



| |  |  | One times your then base annual salary will be paid to your spouse / family / estate following your death.
| | - |  | ----------------------------------------------------------------------------------------------------------



| |  |  | The payments will be provided as 1/12thof your
then base annual salary in equal installments each month until 12 payments totaling your then base annual salary have been paid. The first installment will be provided as soon as possible following your death. The remaining 11 installments will be
provided during the first week of each month.
| | - |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |  | You are required to be an active employee of the company at the time of death in order to qualify for the salary continuation payments.
| | - |  | ---------------------------------------------------------------------------------------------------------------------------------------



The funding of the salary continuation will occur from Key Man Life Insurance policies the
company purchased in late 2004. Though these policies have a 20-year term, the Company will provide the salary continuation benefit should you continue to be an active employee of the Company following the expiration of the Key Man Life Insurance
policy. If you have any questions regarding this benefit, please feel free to contact me at extension 7309.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02541-BNB

CECIL BYNUM,

Plaintiff,

v.

STATE OF COLORADO,

KERI JOHNSON,

DAVID RYAN,

A.P. RICHMOND,

J. SIMMONS, 

J. CASIAS, 

J. ANDREWS, and

ROBERT HART,

Defendants.

MINUTE ORDER

ORDER ENTERED BY MAGISTRATE JUDGE BOYD N. BOLAND

This matter is before the Court on the Plaintiff’s Letter in which he requests that

the summons and complaint be served on defendants (Doc. No. 8), filed on November

3, 2011. Plaintiff’s request is DENIED as premature. 

Dated: November 8, 2011

Case 1:11-cv-02541-LTB Document 9 Filed 11/08/11 USDC Colorado Page 1 of 1