alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

___________ No. 23

- 1467

___________ JONATHAN ANDRE GILMORE , A ppellant

v. DR. STEPHANY MCGANN, MD/CD; DR. KYLE KNOWLES, MD; DR. C. MORLEY, PHD

____________________________________ On Appeal from the United States District Court for the District of New Jersey (D.C. No. 1:21

- cv

- 19018 ) District Judge: Honorable Renee M. Bumb

____________________________________ Submitted for Possible Dismissal Pur suant to 28 U.S.C. § 1915(e)(2)(B) or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6

on August 24, 2023

Before: HARDIMAN, RESTREPO, and BIBAS , Circuit Judges

(Opinion filed : September 20, 2023 )

____________________________________2 ___________ OPINION *

___________ PER CURIAMJonathan Andre Gilmore, a federal prisoner proceeding pro se and in forma pauperis, filed a Bivens 1 action alleging Defendant Stephany McGann, a doctor and lieutenant c ommander in the U.S. Public Health Service (PHS), violated his Eight h Amendment right to adequate medical care. He also alleged that the Defendants violated his First
Amendment rights by altering his medical records in hope of avoiding liability and in retaliation for the administrative grievances that he leveled against them. The Defendants filed a motion to dismiss, which was granted by the District Court. This appeal followed. We have jurisdiction pursuant to 28 U.S.C. § 1291. We exercise plenary r eview over a district court’s dismissal under 28 U.S.C. § 1915(e)(2)(B). See Allah v. Seiverling , 229 F.3d 220, 223 (3d Cir. 2000). We may take summary action when no substantial issue is presented on appeal. See 3d Cir. L.A.R. 27.4; 3d Cir. I.O.P. 10.6

.The District Court correctly concluded that McGann, as a PHS employee, is not personally subject to Bivens actions challenging conduct “arising out of the performance of medical or related functions within the scope of [her] employment.” See 42 U.S.C. §
233(a); Hui v. Castaneda , 559 U.S. 799, 802 (2010) (“ Based on the plain language of §

* This disposition is not an opinion of the full C ourt and pursuant to I.O.P. 5.7 does not constitute binding precedent.
1 Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics , 403 U.S. 388 (1971)

.3

233(a), we conclude that PHS officers and employees are not personally subject to

Bivens actions for harms arising out of such conduct. ”).
Similarly, the District C ourt rightly dismissed Gilmore’s First Amendment retaliation
claim, because Bivens does not encompass such a cause of action. See Egbert v. Boule , 142 S.Ct. 1793, 1807 (2022). Because Gilmore’s appeal does not present a substantial question, we will affirm theDistrict Court’s dismissal of his complaint. Likewise, we deny Gilmore’s motion for appointment of counsel and oral argument.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-6576

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ROBERT L. NICHOLS, JR., a/k/a Robert L. Nicholas, Jr.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Richmond. James R. Spencer, Senior 

District Judge. (3:06-cr-00199-JRS-1)

Submitted: July 23, 2015 Decided: July 28, 2015

Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Robert L. Nichols, Jr., Appellant Pro Se. Dominick Salvatore 

Gerace, II, Heather L. Hart, Stephen Wiley Miller, Assistant United

States Attorneys, Norman Scott Sacks, OFFICE OF THE UNITED STATES 

ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Robert L. Nichols, Jr., appeals from the district court’s 

order denying his 18 U.S.C. § 3582(c)(2) (2012) motion for a 

sentence reduction based on Amendment 782 to the U.S. Sentencing 

Guidelines Manual. We affirm.

The district court properly concluded that it lacked 

authority to grant a sentence reduction under § 3582(c)(2) because 

Nichols’ Guidelines range was driven by his career offender 

designation and not by a drug quantity. See United States v. Munn, 

595 F.3d 183, 187 (4th Cir. 2010). 

Accordingly, we affirm on the reasoning of the district court. 

United States v. Nichols, No. 3:06-cr-00199-JRS-1 (E.D. Va. filed 

Mar. 30, 2015; entered Mar. 31, 2015). We dispense with oral 

argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would 

not aid the decisional process.

AFFIRMED
# Fourth Court of Appeals San Antonio, Texas

June 20, 2013

N o. 04

- 13

- 00192

- CV and 04

- 13

- 00193

- CV

THE STATE OF TEXAS FOR THE BEST INTERE ST AND PROTECTION OF S.S., A MENTALLY ILL PERSON,

From the Probate Court No 1, Bexar County, Texas Trial Court No. 2013

- MH

- 0659 and 2013

- MH

- 0591 Honorable Polly Jackson Spencer, Judge Presiding



### O R D E R

Appellant’s brief was originally due on April 24, 2013. On May 15, 2013, this court ordered appellant to file appellant’s brief no later than May 24, 2013. Our order cautioned appellant that if appellant failed to file the brief by this date, this appeal would be dismissed for want of prosecution. T EX

. R. A PP

. P. 38.8(a). Appellant is represented on appeal by Mr. Michael Raign. On May 17, 2013, Mr. Raign r equested an extension of time until June 8, 2013 in which to file the brief. We granted the request. However, neither the brief nor a second motion for extension of time has been filed.

Mr. Raign is hereby ORDERED to file appellant’s brief no later than July 8, 2013. No further extensions of time will be considered.

The Clerk of this court shall cause a copy of this order to be served on Mr. Raign by certified mail, return receipt requested, and by regular United States mail.

_________________________________ Sandee Bryan Marion, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of June, 2013

.

___________________________________ Keith E. Hottle Clerk of Court
#### JOHNS v. JOHNS.

Supreme Court of Florida.

June Term 1953.

Dismissed without' opinion.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-1894

LAVERNE SWEENEY,

Plaintiff - Appellant,

versus

RECREATIONAL INDUSTRIES, INCORPORATED, a

Maryland Corporation,

Defendant - Appellee.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. William M. Nickerson, Senior District

Judge. (CA-02-158-WMN)

Submitted: November 30, 2004 Decided: December 22, 2004

Before LUTTIG, MICHAEL, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

LaVerne Sweeney, Appellant Pro Se. Barrett W. Freedlander, SAUL

EWING, LLP, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

LaVerne Sweeney appeals the district court’s order

granting summary judgment to defendant. We have reviewed the

record and find no reversible error. Accordingly, we affirm for

the reasons stated by the district court. See Sweeney v.

Recreational Indus., Inc., No. CA-02-158-WMN (D. Md. June 15,

2004). 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
EXHIBIT 11



NORTH PITTSBURGH SYSTEMS, INC. AND SUBSIDIARIES



Statement of Computation of Earnings per Share

(Amounts in Thousands  Except Per Share Data)



|                                           |  |                                     |        |      |   |       
|------------------------------------------ |  | ----------------------------------- | ------ | ---- | - | ------
|                                           |  | For the Three Months Ended March 31
|                                           |  | 2005                                |        | 2004
|Net income                                 |  | $                                   | 4,689  |      | $ | 4,397 
|                                           |  |                                     |        |      |   |       
|Weighted average common shares outstanding |  |                                     | 15,005 |      |   | 15,005
|                                           |  |                                     |        |      |   |       
|Basic and diluted earnings per share       |  | $                                   | .31    |      | $ | .29   
|                                           |  |                                     |        |      |   |
II 

110TH CONGRESS 

1ST SESSION S. 1361 

To amend the Internal Revenue Code of 1986 to permanently extend the 

15-year recovery period for the depreciation of certain leasehold improvements and to modify the depreciation rules relating to such leasehold 

improvements for purposes of computing earnings and profits. 

IN THE SENATE OF THE UNITED STATES 

MAY 10, 2007 

Mr. CONRAD (for himself and Mr. KYL) 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 permanently 

extend the 15-year recovery period for the depreciation 

of certain leasehold improvements and to modify the 

depreciation rules relating to such leasehold improvements for purposes of computing earnings and profits. 

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 ‘‘Leasehold Improve5 ment Depreciation Act of 2007’’. 

mstockstill on PROD1PC66 with BILLS

2 

•S 1361 IS

1 SEC. 2. PERMANENT EXTENSION AND MODIFICATION OF 

2 DEPRECIATION RULES RELATING TO CER3 TAIN LEASEHOLD IMPROVEMENTS. 

4 (a) PERMANENT EXTENSION.—Section 

5 168(e)(3)(E)(iv) of the Internal Revenue Code of 1986 

6 (defining 15-year property) is amended by striking 

7 ‘‘placed in service before January 1, 2008’’. 

8 (b) DEPRECIATION RULES FOR CERTAIN LEASE9 HOLD IMPROVEMENTS FOR PURPOSES OF EARNINGS AND

10 PROFITS.—Paragraph (3) of section 312(k) of such Code 

11 (relating to exception for tangible property) is amended 

12 by adding at the end the following new subparagraph: 

13 ‘‘(C) TREATMENT OF QUALIFIED LEASE14 HOLD IMPROVEMENT PROPERTY.—In the case 

15 of any qualified leasehold improvement property 

16 (within the meaning of section 168(e)(6)), the 

17 adjustment to earnings and profits for deprecia18 tion for any taxable year shall be determined 

19 under the alternative depreciation method 

20 (within the meaning of section 168(g)(2)), ex21 cept that the recovery period shall be 15 

22 years.’’. 

23 (c) CONFORMING AMENDMENT.—Subparagraph (A) 

24 of section 312(k)(3) of such Code is amended by striking 

25 ‘‘subparagraph (B),’’ and inserting ‘‘subparagraphs (B) 

26 and (C),’’. 

mstockstill on PROD1PC66 with BILLS

3 

•S 1361 IS

1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable years beginning after 

3 the date of the enactment of this Act. 

Æ 

mstockstill on PROD1PC66 with BILLS
Exhibit 31.4


CERTIFICATION OF PRINCIPAL FINANCIAL AND ACCOUNTING OFFICER


PURSUANT TO 15 U.S.C. SECTION 7241, AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002


I, Michael A. Gerlich, certify that:


|   |                                                                                       
|-- | --------------------------------------------------------------------------------------
|1. | I have reviewed this annual report on Form 10-K/A of Gastar Exploration USA, Inc.; and

|   |                                                                                                                                                                                                                                                                                                           
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.




Date: April 29, 2013/s/ MICHAEL A. GERLICHMichael A. GerlichSecretary and Treasurer
<TABLE> <S> <C>

<ARTICLE>                          5
<LEGEND>
     This schedule  contains summary  financial  information  extracted from the
Partnership's  audited  financial  statements for the six months ended September
30,  1996 and is  qualified  in its  entirety  by  reference  to such  financial
statements.
</LEGEND>
<MULTIPLIER>                            1,000
       
<S>                                  <C>
<PERIOD-TYPE>                           6-MOS
<FISCAL-YEAR-END>                  MAR-31-1997
<PERIOD-END>                       SEP-30-1996
<CASH>                                  4,024
<SECURITIES>                                0
<RECEIVABLES>                             601
<ALLOWANCES>                                1
<INVENTORY>                                 0
<CURRENT-ASSETS>                        4,624
<PP&E>                                 55,364
<DEPRECIATION>                         10,104
<TOTAL-ASSETS>                         50,552
<CURRENT-LIABILITIES>                     523
<BONDS>                                11,279
<PREFERRED-MANDATORY>                       0
<PREFERRED>                                 0
<COMMON>                                    0
<OTHER-SE>                             38,563
<TOTAL-LIABILITY-AND-EQUITY>           50,552
<SALES>                                     0
<TOTAL-REVENUES>                        1,924
<CGS>                                       0
<TOTAL-COSTS>                           1,597
<OTHER-EXPENSES>                            0
<LOSS-PROVISION>                           30
<INTEREST-EXPENSE>                        508
<INCOME-PRETAX>                         (211)
<INCOME-TAX>                                0
<INCOME-CONTINUING>                     (211)
<DISCONTINUED>                              0
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                            (211)
<EPS-PRIMARY>                          (0.10)
<EPS-DILUTED>                          (0.10)
        

</TABLE>
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Honorable R. Brooke Jackson

Civil Action No. 11-CV-2640-RBJ-BNB

ARDIS L. KERNS,

Plaintiff,

v.

BANNER HEALTH, doing business as North Colorado Medical Center

Defendant.

ORDER TO SET SCHEDULING CONFERENCE

This matter comes before the Court sua sponte. The parties are ordered to set an initial 

scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and 

D.C.COLO.LCivR 16.1 no later than 45 days after all responsive pleadings are filed. Each 

party’s lead trial counsel shall attend the conference. The conference shall be held in Courtroom 

A-702, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. The parties are 

directed to jointly contact Mary DeRosa by telephone at (303) 844-4694 or by email at 

Jackson_Chambers@cod.uscourts.gov to obtain a scheduling conference date. 

A meeting for the purposes of attempting to agree on a scheduling order and satisfying 

the requirements of Fed. R. Civ. P. 26(f) should be held no later than 21 days before the 

proposed scheduling order is tendered. The proposed scheduling order, which should be 

prepared as described in Appendix F to the local rules, should be tendered no later than five days 

before the scheduling conference. The proposed scheduling order should set forth the parties’

agreement or their respective positions on the matters set forth in Appendix F. A copy of 

instructions for the preparation of a scheduling order and a form scheduling order can be 

downloaded from the Court’s website (http://www.cod.uscourts.gov/Forms.aspx).

DATED this _____ day of _____, 2011.

BY THE COURT: 

___________________________________

R. Brooke Jackson

United States District Judge

Case 1:11-cv-02640-RBJ Document 2 Filed 10/12/11 USDC Colorado Page 1 of 1
| Skip to Content*Release Date: March 10, 2005*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**F.103 Nonfarm Noncorporate Business** |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
financial statements of the Company for the six-month period ended June 30, 2000
and should be read in conjunction with, and is qualified in its entirety by,
such financial statements.
</LEGEND>
<CIK>                                 0001025362
<NAME>              GOLDEN QUEEN MINING CO. LTD.
<MULTIPLIER>                                   1
<CURRENCY>                                   USD

<S>                                     <C>
<PERIOD-TYPE>                              6-MOS
<FISCAL-YEAR-END>                    DEC-31-2000
<PERIOD-START>                       JAN-01-2000
<PERIOD-END>                         JUN-30-2000
<EXCHANGE-RATE>                                1
<CASH>                                      567,643
<SECURITIES>                                      0
<RECEIVABLES>                                 2,109
<ALLOWANCES>                                      0
<INVENTORY>                                       0
<CURRENT-ASSETS>                        587,868 <F1>
<PP&E>                                  29,080,925 <F2>
<DEPRECIATION>                              321,107
<TOTAL-ASSETS>                           29,668,793
<CURRENT-LIABILITIES>                       110,361
<BONDS>                                           0
<PREFERRED-MANDATORY>                             0
<PREFERRED>                                       0
<COMMON>                                 34,155,989
<OTHER-SE>                              (5,342,485) <F3>
<TOTAL-LIABILITY-AND-EQUITY>             29,668,793
<SALES>                                           0
<TOTAL-REVENUES>                        27,057 <F4>
<CGS>                                             0
<TOTAL-COSTS>                                     0
<OTHER-EXPENSES>                        285,697 <F5>
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                                0
<INCOME-PRETAX>                                   0
<INCOME-TAX>                                      0
<INCOME-CONTINUING>                               0
<DISCONTINUED>                                    0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                               (258,640)
<EPS-BASIC>                                   (0.01)
<EPS-DILUTED>                                 (0.01)
<FN>
<F1>       Includes prepaid expenses and other current assets of $18,116.
<F2>       Consists of properties and equipment, net of depreciation of
           $967,853; mineral properties of $27,092,071; and other long-term
           assets of $1,021,001.
<F3>       Consists of $5,432,486 of deficit accumulated during the development
           stage.
<F4>       Consists of interest income of $24,442, and other income of $2,615.
<F5>       Consists of general and administrative expenses of $285,697.
</FN>


</TABLE>
I 

110TH CONGRESS 

1ST SESSION S. 1347 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 6, 2007 

Referred to the Committee on Natural Resources 

AN ACT 

To amend the Omnibus Indian Advancement Act to modify 

the date as of which certain tribal land of the Lytton 

Rancheria of California is deemed to be held in trust 

and to provide for the conduct of certain activities on 

the land. 

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


rwilkins on PROD1PC63 with BILLS
2 

S 1347 RFH

1 SECTION 1. LYTTON RANCHERIA OF CALIFORNIA. 

2 Section 819 of the Omnibus Indian Advancement Act 

3 (Public Law 106–568; 114 Stat. 2919) is amended— 

4 (1) in the first sentence, by striking ‘‘Notwith5 standing’’ and inserting the following: 

6 ‘‘(a) ACCEPTANCE OF LAND.—Notwithstanding’’; 

7 (2) in the second sentence, by striking ‘‘The 

8 Secretary’’ and inserting the following: 

9 ‘‘(b) DECLARATION.—The Secretary’’; and 

10 (3) by striking the third sentence and inserting 

11 the following: 

12 ‘‘(c) TREATMENT OF LAND FOR PURPOSES OF CLASS

13 II GAMING.— 

14 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

15 notwithstanding any other provision of law, the 

16 Lytton Rancheria of California may conduct activi17 ties for class II gaming (as defined in section 4 of 

18 the Indian Gaming Regulatory Act (25 U.S.C. 

19 2703)) on the land taken into trust under this sec20 tion. 

21 ‘‘(2) REQUIREMENT.—The Lytton Rancheria of 

22 California shall not expand the exterior physical 

23 measurements of any facility on the Lytton 

24 Rancheria in use for class II gaming activities on 

25 the date of enactment of this paragraph. 


rwilkins on PROD1PC63 with BILLS
3 

S 1347 RFH

1 ‘‘(d) TREATMENT OF LAND FOR PURPOSES OF

2 CLASS III GAMING.—Notwithstanding subsection (a), for 

3 purposes of class III gaming (as defined in section 4 of 

4 the Indian Gaming Regulatory Act (25 U.S.C. 2703)), the 

5 land taken into trust under this section shall be treated, 

6 for purposes of section 20 of the Indian Gaming Regu7 latory Act (25 U.S.C. 2719), as if the land was acquired 

8 on October 9, 2003, the date on which the Secretary took 

9 the land into trust.’’. 

Passed the Senate November 5, 2007. 

Attest: NANCY ERICKSON, 

Secretary. 


rwilkins on PROD1PC63 with BILLS