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

No. 18

- 40240 Summary Calendar

RONNIE ARTURO GODOY , Petitioner

- Appellant

v. F. LARA, Warden , Respondent

- Appellee

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:16

- CV

- 493

Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judges. PER CURIAM: * As a result of prison officials finding that he fail ed a drug test while on home confinement release, Ronnie Arturo Godoy, federal prisoner # 59771

- 008, was reincarcerated and lost a one

- year credit he had received for completing an in

- custody drug treatment program. G odoy filed a 28 U.S.C. § 2241 petition challenging the result of his disciplinary hearing and a subsequent rehearing. The district court determined that summary judgment for the respondent was

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 May 15, 2019 Lyle W. Cayce Clerk Case: 18-40240 Document: 00514957883 Page: 1 Date Filed: 05/15/2019No. 18

- 40240

2 appropriate given that Godoy failed to exhaust his claims thro ugh the Bureau of Prison’s (BOP) administrative remedy program , notwithstanding Godoy’s argument that an exception to the exhaustion requirement applied . Therefore, the court dismissed the petition. Godoy appeals . He also moves to file an out

of

- time re ply brief

. “This [c]ourt must examine the basis of its jurisdiction,” including whether Godoy’s appeal is moot

. Mosley v. Cozby , 813 F.2d 659, 660 (5th Cir. 1987); see United States v. Heredia

- Holguin , 823 F.3d 337, 340 (5th Cir. 2016) (en banc). Godoy’ s § 2241 petition challenges the basis for his reincarceration and seeks, as a remedy, his release from custody and the reinstatement of his sentence credit

. The BOP website shows that Godoy was released from custody during the pendency of this appeal

. S ee United States v. Booker , 645 F.3d 328 , 328 (5th Cir. 2011) (per curiam); Shokeh v. Thompson , 375 F.3d 351, 351

- 52 (5th Cir. 2004). Thus, e ven if he prevails on the merits, this court is unable to grant Godoy any effective relief. See Heredia

- Holguin , 823 F.3d at 340. Accordingly, we DISMISS the appeal as moot , and we DENY the motion for leave to file an out

- of

- time reply brief. APPEAL DISMISSED; MOTION DENIED. Case: 18-40240 Document: 00514957883 Page: 2 Date Filed: 05/15/2019
EX-31 Rule 13a-14(d)/15d-14(d) Certification.


  I, John Isbrandtsen, certify that:

  1.I have reviewed this report on Form 10-K and all reports on Form 10-D
    required to be filed in respect of the period covered by this report on
    Form 10-K of Sequoia Mortgage Trust 2011-2 (the "Exchange Act periodic
    reports");

  2.Based on my knowledge, the Exchange Act periodic reports, taken as a
    whole, do 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;

  3.Based on my knowledge, all of the distribution, servicing and other
    information required to be provided under Form 10-D for the period
    covered by this report is included in the Exchange Act periodic reports;

  4.Based on my knowledge and the servicer compliance statements required
    in this report under Item 1123 of Regulation AB, and except as
    disclosed in the Exchange Act periodic reports, the servicers have
    fulfilled their obligations under the servicing agreements in all
    material respects; and

  5.All of the reports on assessment of compliance with servicing criteria
    for asset-backed securities and their related attestation reports on
    assessment of compliance with servicing criteria for asset-backed
    securities required to be included in this report in accordance with
    Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18
    have been included as an exhibit to this report, except as otherwise
    disclosed in this report.  Any material instances of noncompliance
    described in such reports have been disclosed in this report on Form
    10-K.

    In giving the certifications above, I have reasonably relied on
    information provided to me by the following unaffiliated parties: First
    Republic Bank as Servicer, PHH Mortgage Corporation as Servicer, QBE
    FIRST Insurance Agency, Inc. as Sub-Contractor for SunTrust Mortgage,
    Inc., Select Portfolio Servicing, Inc. as Servicer, SunTrust Mortgage,
    Inc. as Servicer, U.S. Bank National Association as Trustee, Wells Fargo
    Bank, N.A. as Servicer, Wells Fargo Bank, N.A. as Paying Agent, Wells Fargo
    Bank, N.A. as Custodian and Wells Fargo Bank, N.A. as Master Servicer and
    Securities Administrator.

    Dated:   March 29, 2013


    /s/ John Isbrandtsen
    Signature

    Chairman of the Board and Chief Executive Officer
    (senior officer in charge of securitization of the depositor)
[No. 17606-1-III.

Division Three.

March 23, 2000.]

#### The State of Washington, *Respondent,*v. Dawn Marie Watson, *Appellant.*

Appeal from a judgment of the Superior Court for Lincoln County, No. 98-1-00009-8, Philip W Borst, J., entered June 2, 1998. *Affirmed*by unpublished opinion per Brown, J., concurred in by Kurtz, C.J., and Kato, J.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 66 Enrolled Bill (ENR)]

        H.Con.Res.66
                                                Agreed to March 26, 2007

                       One Hundred Tenth Congress

                                 of the

                        United States of America

          Begun and held at the City of Washington on Thursday,
            the fourth day of January, two thousand and seven

                          Concurrent Resolution

    Resolved by the House of Representatives (the Senate concurring),

SECTION 1. USE OF ROTUNDA FOR HOLOCAUST DAYS OF REMEMBRANCE CEREMONY.

    The Rotunda of the Capitol is authorized to be used on April 19, 
2007, for a ceremony as part of the commemoration of the days of 
remembrance of victims of the Holocaust. Physical preparations for the 
ceremony shall be carried out in accordance with such conditions as the 
Architect of the Capitol may prescribe.
Attest:

                                 Clerk of the House of Representatives.

Attest:

                                               Secretary of the Senate.
```
```

[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Notices]
[Page 57013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23213]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EG10-40-000, EG10-41-000, et al.]

Notice of Effectiveness of Exempt Wholesale Generator Status; 
Taloga Wind, LLC, Stephentown Regulation Services LLC, et al.

September 9, 2010.

------------------------------------------------------------------------
                                                            Docket No.
------------------------------------------------------------------------
Taloga Wind, LLC.......................................      EG10-40-000
Stephentown Regulation Services LLC....................      EG10-41-000
Longview Power, LLC....................................      EG10-42-000
Alta Wind I, LLC.......................................      EG10-43-000
Alta Wind II, LLC......................................      EG10-44-000
Alta Wind III, LLC.....................................      EG10-45-000
Alta Wind IV, LLC......................................      EG10-46-000
Alta Wind V, LLC.......................................      EG10-47-000
Synergics Roth Rock Wind Energy, LLC...................      EG10-49-000
Synergics Roth Rock North Wind Energy, LLC.............      EG10-50-000
------------------------------------------------------------------------

    Take notice that during the month of August 2010, the status of the 
above-captioned entities as Exempt Wholesale Generators became 
effective by operation of the Commission's regulations, 18 CFR 
366.7(a).

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-23213 Filed 9-16-10; 8:45 am]
BILLING CODE 6717-01-P
```
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17

- 50457 Summary Calendar

JAMES ERIC HAMPTON , Plaintiff

- Appellant

v.
MEDICAL DIRECTOR DOUGLAS GREENE; PHYSICIAN ASSISTANT MILTON TOGO , Defendant s
- Appellee s

Appeal from the United States District Court for the Western District of Texas USDC No. 6:16

- CV

- 430

Before DAVIS, CLEMENT and COSTA, Circuit Judges. PER CURIAM: * James Eric Hampton, Texas prisoner # 1188861, filed this § 1983 suit to seek redress for alleged acts of neglect and deliberate indifference to serious medical needs after he fell from the top bunk in his cell. He now appeals the
district court’s dismi ssal for failure to state a claim upon which relief could be granted due to lack of exhaustion. However, he fails to brief, and has thus

* 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 se t forth in 5 TH C IR

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

### FILED June 5, 2018 Lyle W. Cayce Clerk Case: 17-50457 Document: 00514500173 Page: 1 Date Filed: 06/05/2018No. 17

- 50457

2 abandoned, the threshold issue whether the district court’s exhaustion
determination was erroneous. See Yohey v. Coll ins , 985 F.2d 222, 224

- 25 (5th Cir. 1993). In any case, there is no error in the district court’s judgment, and
that judgment is AFFIRMED. His motion for the appointment of counsel is
DENIED.
This district court’s dismissal counts as one strike under 2 8 U.S.C. § 1915(g). See Coleman v. Tollefson , 135 S. Ct. 1759, 1763 (2015). If Hampton garners two more strikes, he will not be allowed to proceed IFP in any civil action or appeal unless he is under imminent danger of serious physical injury. See § 191 5(g). Case: 17-50457 Document: 00514500173 Page: 2 Date Filed: 06/05/2018
H. Con. Res. 66 Agreed to March 26, 2007

One Hundred Tenth Congress

of the

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Thursday, 

the fourth day of January, two thousand and seven 

Concurrent Resolution

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. USE OF ROTUNDA FOR HOLOCAUST DAYS OF REMEMBRANCE CEREMONY. 

The Rotunda of the Capitol is authorized to be used on April 

19, 2007, for a ceremony as part of the commemoration of the 

days of remembrance of victims of the Holocaust. Physical preparations for the ceremony shall be carried out in accordance with 

such conditions as the Architect of the Capitol may prescribe. 

Attest:

Clerk of the House of Representatives.

Attest:

Secretary of the Senate.
<PAGE>
                                                                    Exhibit 11

<TABLE>
                        ENGINEERED SUPPORT SYSTEMS, INC.
                STATEMENT RE:  COMPUTATION OF EARNINGS PER SHARE
                    (in thousands, except per share amounts)

<CAPTION>
                                                                           Three Months Ended
                                                                               January 31
                                                                        -----------------------
                                                                           2001          2000
                                                                        ---------     ---------
<S>                                                                     <C>           <C>
NET INCOME                                                              $   3,841     $   2,574
                                                                        =========     =========

BASIC EARNINGS PER SHARE

     Average basic shares outstanding                                       9,101         8,660
                                                                        =========     =========

                                                                        $    0.42     $    0.30
                                                                        =========     =========

DILUTED EARNINGS PER SHARE

     Average basic shares outstanding                                       9,101         8,660

     Net effect of dilutive stock options(1)                                  503           188
                                                                        ---------     ---------
                                                                            9,604         8,848
                                                                        =========     =========

                                                                        $    0.40     $    0.29
                                                                        =========     =========

<FN>
(1)  Based on the treasury stock method

(2)  All computations have been restated to reflect a five-for-four stock split
     effected by the Company on March 16, 2001.
</TABLE>


                                       15
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2979 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2979

To extend eligibility for hospital care, medical services, and nursing 
home and domiciliary care for certain veterans who served in a theater 
                         of combat operations.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 4, 2014

 Mr. Walsh (for himself and Mr. Tester) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
To extend eligibility for hospital care, medical services, and nursing 
home and domiciliary care for certain veterans who served in a theater 
                         of combat operations.

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

SECTION 1. EXTENSION OF ELIGIBILITY FOR HOSPITAL CARE, MEDICAL 
              SERVICES, AND NURSING HOME AND DOMICILIARY CARE FOR 
              CERTAIN VETERANS WHO SERVED IN A THEATER OF COMBAT 
              OPERATIONS.

    Section 1710(e)(3)(A) of title 38, United States Code, is amended 
by striking ``period of five years'' and inserting ``period of 10 
years''.
                                 <all>
```
#### IN RE NATIONAL CANDY COMPANY.

Trademarks.

While the word “Navy” would not be registerable as a trademark for use on goods which are manufactured especially for use by the Navy, as it would be descriptive, it is not descriptive as applied to candy, as candy, although used to a limited extent in the Navy and included in its supplies, is not an essential part of such supplies* Nor is the registration of the word, as so applied, against public policy, as it does not refer to the United States Navy specifically, and its proposed use does not suggest that the government has given its approval to the goods to which it is applied.

No. 633.

Patent Appeals.

Submitted May 10, 1910.

Decided May 26, 1910.

*352Hearing on an appeal from a decision of the Commission of Patents refusing to register a mark as a trademark.

*Reversed.*

*Mr. Frank F. Reed, Mr. Edward 8. Rogers,*and *Mr. Francis M. Phelps*for the appellant.

*Mr. Webster 8. Ruckman*for the Commissioner of Patents.

Mr. Justice Van Orsdel

delivered the opinion of the Court:

This is an appeal [by the National Candy Company] from the decision of the Commissioner of Patents refusing registration of the word “Navy,” inclosed within four concentric circles, as a trademark for candy. It was held by the Commissioner that this mark is descriptive and deceptive, and that its registration will be against public policy. This conclusion was reached upon the ground that the goods upon which the mark, if registered, is to be used are among the supplies purchased by the United States government for its Navy. We do not think that'candy belongs to a class of goods that would be readily associated in the public mind with the general supplies which are furnished by the government in equipping its Navy. There are classes of goods which are manufactured especially for use by the Navy. The public at once associates these articles with the use to which they are generally applied. Manifestly the word “Navy” would not be registerable as a trademark for use on such goods; but we do not think that candy comes within this class. Doubtless it is used to a limited extent in the Navy, as elsewhere; but its use cannot be associated chiefly with the Navy; nor is it used as an essential part of the naval supplies or equipment. We are of opinion that, as a mark for candy, it is purely fanciful and arbitrary, and meets the requirements of a technical trademark.

The word as here used does not refer to the United States Navy specifically, but in a generic sense. There is nothing in the proposed use of the word to suggest that the government *353has given its approval to the character or quality of the merchandise on which it is used as a trademark. It does not, therefore, come within the class of tradenames, the registration of which is prohibited on the ground of public policy.

The decision of the Commissioner of Patents is reversed, and the clerk is directed to certify these proceedings as by law required. *Reversed.*

Mr. Justice Barnard, of the supreme court of the District of Columbia, sat with the court in the hearing and determination of this appeal, in the absence of Mr. Chief Justice Shepard.
```

[Congressional Record Volume 141, Number 79 (Friday, May 12, 1995)]
[House]
[Page H4904]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                              {time}  1330
                             SPECIAL ORDERS

  The SPEAKER pro tempore (Mr. Fox of Pennsylvania). Under the 
Speaker's announced policy of January 4, 1995, and under a previous 
order of the House, the following Members will be recognized for 5 
minutes each.

                          ____________________
```
fairwind_ex102.htm


EXHIBIT 10.2







Fairwind Energy Inc.


234 Monarch Bay Plaza, Suite 254


Monarch Beach, California 92629







April 30, 2014







Michael Winterhalter

 


This letter agreement, dated April 30, 2014 memorializes the terms and conditions of an agreement of compensation by and between Michael Winterhalter (“Winterhalter”) and FairWind Energy Inc., a Nevada corporation (the “Company”).







1. Compensation.  The Company agrees to pay Winterhalter, for a term which expires on October 9, 2015, $5,000 per month, as consideration for Winterhalter serving and performing his duties as a non-employee President of the Company.  Any payment to Winterhalter shall be made only after performance of services and duties for a period of not less than one month.  The Company may unilaterally decide to not pay Winterhalter at any time without any liability or debt accruing to the Company.  Winterhalter shall have such executive responsibilities and duties as are assigned by the Board of Directors of the Company and are consistent with the office of President.  This Agreement shall be retroactive to April 18, 2013.







2. Assignment.  This letter agreement may not be assigned unless the Company and Winterhalter consent in writing to such assignment.




 




	 	Very truly yours,	 
	 	 	 
	 	FAIRWIND ENERGY, INC.	 
	 	 	 	 
	
 

	
By: 

	/s/ Michael Winterhalter	 
	 	 	Name: Michael Winterhalter	 
	 	 	Title: President	 







 



Agreed and Accepted this 30th day of April, 2014:









	
By: 

	/s/ Michael Winterhalter	 
	 	Name: Michael Winterhalter (individually)
No. 12,702.

#### Hockett *v.*The State.

Filed March 3, 1886.

From the Marion Criminal Court.

*J. E. McDonald, J. M. Butler, A. L. Mason, T. A. Hendricks, C. Baker, O. B. Hord, A. W. Hendricks, A. Baker, E. Daniels, N. Williams, J. L. Thompson,*and *C. S. Holt,*for appellant.

*F. T. Hord,*Attorney General, *A. C. Harris, W. H. Calkins, C. Byfield*and *L. Howland,*for the State.

Niblack, C. J. —

On the 25th day of July, 1885, William K. Thompson requested the Central Union Telephone Company, a corporation owning :and controlling a system of telephone lines, and á telephone exchange, at the city of Indianapolis, in this State, to rent to him, and to place in position for his use, in the same building with its telephone exchange, a telephone, and to connect such telephone with the exchange. In response to that request the company entered into a written contract with Thompson to let him have the use of “ one set of telephone instruments as per equipment noted on the back,” that is to say, one hand telephone, one Blake transmitter, one magneto bell and one cell battery, and to connect them with its exchange, for his use, upon certain specified conditions, for which he agreed to pay the company $10 per quarter, or $3.331⁄3 per month. The company placed the instruments in position as provided by the contract for the use of Thompson, and John E. Hockett, the appellant, acting as the division superintendent and general agent of the company at Indianapolis, afterwards demanded and received from Thompson rent for the use of such instruments at the rate of $3.331⁄3 per month, the amount agreed upon by the contract. Thereupon an information was filed against Hockett charging him with a violation of the provisions of the act entitled “An act to regulate the rental allowed for the use of telephones, and fixing a penalty for its violation,” approved April 13th, 1885 (Acts 1885, p. 227), in so demanding and receiving from Thompson rent for such telephonic instruments at a rate in excess of three dollars per month. Upon a trial the appellant was found guilty as charged, and was adjudged to pay a fine as for the commission of a public offence.

All the controlling questions, whether of law or of fact, involved in this appeal, were considered, discussed and decided in the case of *Hockett*v. *State, ante,*p. 250, known as the Haughey case, and upon the authority of that case the judgment in this case is affirmed, with costs.