alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Patrick E. THOMAS, Plaintiff-Appellant, v. OFFICE OF JUVENILE AFFAIRS, Defendant-Appellee.

No. 03-6121.

United States Court of Appeals, Tenth Circuit.

Feb. 24, 2005.

Gregory Thomas Metcalfe, Oklahoma Attorney General, Oklahoma City, OK, for Defendant-Appellee.

Before EBEL, MURPHY, and McCONNELL, Circuit Judges.

ORDER AND JUDGMENT*

MICHAEL R. MURPHY, Circuit Judge.

After examining the briefs and appellate record, this court has determined unanimously that oral argument would not materially assist the determination of this appeal. *See*Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

On January 9, 2003, Appellant Patrick E. Thomas filed a compliant in federal district court alleging that Appellee discriminated against him while he was employed by the Central Oklahoma Juvenile Center. Thomas mailed the summons and complaint by certified mail to Tony Sardis. Mr. Sardis is the Supervisor for Federal Grants for the Oklahoma Juvenile Center. Appellee entered a special appearance and moved to dismiss Thomas’ complaint, arguing the summons was not served on the proper person. *See*Fed R. Civ. P. 4(j)(2); Okla. Stat. tit. 12, § 2004(C)(l)(c)(5). Appellee supported its motion with an affidavit stating that Mr. Sardis is neither the chief executive officer of the State of Oklahoma, the chief Executive Officer of the Office of Juvenile Affairs, nor the officer or individual whose duty it is to maintain the official records of the State of Oklahoma or of the Office of Juvenile Affairs.

On March 18, 2003, the district court granted Appellee’s motion and dismissed Thomas’ complaint without prejudice. The *952court noted that Thomas had failed to respond to the Appellee’s motion or contest the factual allegations made in the supporting affidavit, and had made no further attempt to serve the summons and complaint. Thomas appealed.1

Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, a district court may dismiss an action without prejudice if the plaintiff fails to serve the summons and complaint upon the defendant within 120 days. *See Scott v. Hern,*216 F.3d 897, 912 (10th Cir.2000). The district court dismissed Thomas’ complaint sixty-eight days after it was filed. Accordingly, we conclude that the district court abused its discretion when it dismissed Thomas’ complaint.

The judgment of the district court is reversed and the matter remanded for further proceedings not inconsistent with this opinion.

*

 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

1

. Thomas’ notice of appeal filed on April 18, 2003, was timely because the district court failed to enter judgment in a separate document. *See*Fed.R.Civ.P. 58(b)(2)(B).
#### George W. Sutherland *v.*Samuel Ullman et al.

Executions — Nulla Bona — Prior Liens — Equity Jurisdiction — Creditors.

A return of nulla bona by reason of an assertion of a prior lien, gives to a court of equity jurisdiction to clear the title, it not being material to the judgment debtor, whether the lien claimed was right or not.

Same.

Creditors alone are concerned in the' distribution of the proceeds of a sale under execution.

APPEAL PROM MERCER CIRCUIT COURT.

January 30, 1869.

Opinion op the Court by

Judge Robertson:

The return *of nulla bona*and that of not sold for want of bidders, for the land afterwards levied on, resulting from the embarrassment of the legal title by a lien asserted on it, gave to the *675court of equity ancillary jurisdiction to clear the title'and subject the land to sale for a fair price in satisfaction of the judgments; and it was not material to the appellant whether the creditor claiming the lien had an available right to it or not. The question of priority in the distribution of the proceeds concerned the creditors alone, and all of them seem satisfied.

*Harrison, for appellant.*

*Polk, for appellees.*

Wherefore, the judgment is affirmed.
No. 87-717.

#### First Family Mortgage Corporation of Florida *v.*Durham et al. Attorney General of New Jersey *v.*First Family Mortgage Corporation of Florida et al.

No. 87-937.

Appeal from Sup. Ct. N. J.; and Sup. Ct. N. J. Probable jurisdiction noted in No. 87-717. Certiorari granted in No. 87-937. Cases consolidated and a total of one hour *958allotted for oral argument.
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#### Jimmy Shane CANTRELL, Appellant, v. REED, Warden, Cummins Unit, ADC; John Does, Official responsible for housing assignments, Cummins Unit, ADC; James Byers, Hearing Officer, Cummins Unit, ADC; James Gibson, Hearing Officer, Cummins Unit, ADC; Kim Luckett, Assistant Warden, Cummins Unit, ADC; Larry Norris, Director, Arkansas Department of Correction; Evans, Warden, Maximum Security Unit, Arkansas Department of Correction; C. Woods, Classification Officer, Arkansas Department of Correction; R. Hobbs, Assistant Director, Arkansas Department of Correction; Davis, Captain, *270Arkansas Department of Correction; G. Lay, Warden, Cummins Unit, Arkansas Department of Correction, Appellees.

No. 04-2622.

United States Court of Appeals, Eighth Circuit.

Submitted March 7, 2005.

Decided March 11, 2005.

Jimmy Shane Cantrell, Grady, AR, pro se.

Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.

PER CURIAM.

Arkansas inmate Jimmy Shane Cantrell appeals the district court’s1 pre-service dismissal without prejudice of his 42 U.S.C. § 1988 complaint for failure to exhaust his administrative remedies. We hold dismissal was proper because Mr. Cantrell failed to allege he exhausted his administrative remedies as to his retaliation claim against Director Norris, his claim against Captain Davis, his claim regarding improper inmate classification, and his claim regarding his loss of protective custody status. *See Kozohorsky v. Harmon,*332 F.3d 1141, 1143 (8th Cir.2003) (where multiple prison-conditions claims are brought, administrative remedies must have been exhausted as to all claims).

Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas.
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```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2588 Introduced in Senate (IS)]

  2d Session
                                 S. 2588

To authorize appropriations for fiscal year 2005 and succeeding fiscal 
   years for the Manufacturing Extension Partnership program of the 
            National Institute of Standards and Technology.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2004

  Mr. Bayh (for himself, Mr. Levin, and Mr. Bingaman) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
To authorize appropriations for fiscal year 2005 and succeeding fiscal 
   years for the Manufacturing Extension Partnership program of the 
            National Institute of Standards and Technology.

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

SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR MANUFACTURING EXTENSION 
              PARTNERSHIP PROGRAM OF NATIONAL INSTITUTE OF STANDARDS 
              AND TECHNOLOGY.

    (a) Authorization of Appropriations for Fiscal Year 2005.--There is 
authorized to be appropriated for fiscal year 2005 for the National 
Institute of Standards and Technology, $220,000,000 for the 
Manufacturing Extension Partnership program.
    (b) Authorization of Appropriations for Succeeding Fiscal Years.--
The amount authorized to be appropriated for a fiscal year after fiscal 
year 2005 for the National Institute of Standards and Technology for 
the Manufacturing Extension Partnership program is the amount 
authorized to be appropriated for the fiscal year preceding such fiscal 
year increased by a percentage of the amount authorized to be 
appropriated for the fiscal year preceding such fiscal year equal to 
the percentage by which--
            (1) the Consumer Price Index (all items, United States city 
        average) for the 12-month period ending on the June 30 
        preceding the beginning of the fiscal year for which the 
        increase is made, exceeds
            (2) such Consumer Price Index for the 12-month period 
        preceding the 12-month period described in paragraph (1).
    (c) Manufacturing Extension Partnership Program Defined.--In this 
section the term ``Manufacturing Extension Partnership program'' means 
the Manufacturing Extension Partnership program under sections 25 and 
26 of the National Institute of Standards and Technology Act (15 U.S.C. 
278l, 278k).
                                 <all>
```
I

105TH CONGRESS

2D SESSION H. R. 4868

To amend title 18, United States Code, to provide penalties for certain

crimes relating to day care providers in or affecting interstate or foreign

commerce.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 20, 1998

Mr. LAZIO of New York introduced the following bill; which was referred to

the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to provide penalties

for certain crimes relating to day care providers in or

affecting interstate or foreign commerce.

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 ‘‘Quality Day Care Pro5 tection Act of 1998’’.

6 SEC. 2. DAY CARE PROVIDER CRIMES.

7 (a) IN GENERAL.—Chapter 89 of title 18, United

8 States Code, is amended by adding at the end the follow9 ing:
2

•HR 4868 IH

1 ‘‘§ 1822. Day care providers

2 ‘‘(a) Whoever, being a child day care provider in or

3 affecting interstate or foreign commerce, or an employee

4 thereof, knowingly makes any false representation regard5 ing that care, that provider, or that employee to—

6 ‘‘(1) a parent or guardian considering the

7 placement of a child in the care of that provider; or

8 ‘‘(2) a law enforcement officer;

9 and thereby places a child’s safety or health at substantial

10 risk shall be fined under this title or imprisoned not more

11 than one year, or both.

12 ‘‘(b) Whoever, being a child day care provider in or

13 affecting interstate or foreign commerce recklessly causes

14 serious bodily injury (as defined in section 1365) shall be

15 fined under this title or imprisoned not more than 3 years,

16 or both.

17 ‘‘(c) As used in this section, the term ‘child day care

18 provider’ means any person or entity that provides child

19 day care in a place other than the home of the child or

20 children for whom the care is provided.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of chapter 89 of title 18, United States

23 Code, is amended by adding at the end the following:

‘‘1822. Day care providers.’’.

Æ
##### 



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 Consolidated Graphics, Inc. (the Company) on Form 10-K for the period
ending March 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I,
Joe R. Davis, Chairman of the Board of Directors and Chief Executive Officer of the Company, certify, pursuant to
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)
    
    Information contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company. Dated: May 30, 2007 /s/ Joe R. Davis

Joe R. Davis

Chairman of the Board of Directors and Chief Executive Officer  3
<PAGE>

Exhibit 32.1

                      STATEMENT OF CHIEF EXECUTIVE OFFICER
         PURSUANT TO SECTION 1350 OF TITLE 18 OF THE UNITED STATES CODE

         Pursuant to Section 1350 of Title 18 of the United States Code, the
undersigned, Larry P. Koskan, the President, Chief Executive Officer and Chief
Financial Officer of Donlar Corporation (the "Company"), hereby certifies that:

1.       The Company's Form 10-QSB Quarterly Report for the period ended
         September 30, 2003 (the "Report") fully complies with the requirements
         of Section 13(a) 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.

Dated:  November 13, 2003                    /s/ Larry P. Koskan
                                             -----------------------------------
                                             Larry P. Koskan, President,
                                             Chief Executive Officer and Chief
                                             Financial Officer
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 Quarterly Report of Getty
Images, 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 Form 10-Q), I, Jonathan D. Klein, Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) |  | The Form 10-Q fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and
| | --- |  | --------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) |  | The information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------



Date: May 4, 2004



|                                                        
|--------------------------------------------------------
|/s/    JONATHAN D. KLEIN                                
|Jonathan D. Klein Co-Founder and Chief Executive Officer
<PAGE>
                                                                    EXHIBIT 32.2

              STATEMENT OF CONTROLLER AND CHIEF ACCOUNTING OFFICER
         PURSUANT TO SECTION 1350 OF TITLE 18 OF THE UNITED STATES CODE

         Pursuant to Section 1350 of Title 18 of the United States Code, the
undersigned, Thomas E. Poggensee, the Controller and Chief Accounting Officer of
Donlar Corporation (the "Company"), hereby certifies that:

1.       The Company's Form 10-QSB Quarterly Report for the period ended June
         30, 2003 (the "Report") fully complies with the requirements of Section
         13(a) 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.


Dated:  August 13, 2003                    /s/ Thomas E. Poggensee
                                           -----------------------------------
                                           Thomas E. Poggensee, Controller
                                           and Chief Accounting Officer
#### Robert Lee DAVIS, Plaintiff-Appellant, v. Michael WADE, Sheriff Henrico County; Linda Ray, Medical Director; Dr. Ofogh, Chief Medical Doctor; PHY-American Correctional Healthcare, Incorporated, Defendants—Appellees.

No. 04-7309.

United States Court of Appeals, Fourth Circuit.

Submitted Jan. 27, 2005.

Decided Feb. 2, 2005.

Robert Lee Davis, Appellant pro se. William Fisher Etherington, Beale, Balfour, Davidson & Etherington, P.C., Richmond, Virginia; M. Pierce Rucker, II, Todd David Anderson, Sands, Anderson, Marks & Miller, Richmond, Virginia, for Appellees.

Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

PER CURIAM.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

Robert Lee Davis seeks to appeal the district court’s order granting summary judgment for defendants in a 42 U.S.C. *568§ 1983 (2000) action. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

Parties are accorded thirty days after the entry of the district court’s final judgment or order to note an appeal, Fed. R.App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R.App. P. 4(a)(5) or reopens the appeal period under Fed. R.App. P. 4(a)(6). This appeal period is “mandatory and jurisdictional.” *Browder v. Director, Dep’t of Corr.,*434 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978) (quoting *United States v. Robinson,*361 U.S. 220, 229, 80 S.Ct. 282, 4 L.Ed.2d 259 (I960)).

In this case, the district court, by order entered 287 days after entry of judgment, attempted to reopen the appeal period. However, all the conditions set forth in Fed. R.App. P. 4(a)(6) were not satisfied, in that no motion was filed, the district court made no finding as to prejudice, and the court’s order was entered beyond the 180-day time period. In addition, the notice of appeal itself was not filed within fourteen days of the order, as the rule requires.

Thus, the district court lacked jurisdiction to reopen the appeal period and the appeal must be dismissed for lack of jurisdiction. We deny Davis’s motion to amend issues on appeal. 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.

*DISMISSED*
Exhibit 21

Subsidiaries of the Company

HBC Broadcasting Texas, L.P.
HBC Florida, LLC
HBC Fresno, Inc.
HBC GP Texas, Inc.
HBC Houston License Corporation
HBC Illinois, Inc.
HBC Investments, Inc.
HBC License Corporation
HBC Los Angeles, Inc.
HBC Management Company, Inc.
HBC Network, Inc.
HBC New York, Inc.
HBC Phoenix, Inc.
HBC San Diego, Inc.
HBC Tower Company, Inc.
HBCi, LLC
HBC-Las Vegas, Inc.
Hispanic Tijuana S. de R.L. de C.V.
KCYT-FM License Corp.
KECS-FM License Corp.
KESS-AM License Corp.
KESS-TV License Corp.
KHCK-FM License Corp.
KICI-AM License Corp.
KICI-FM License Corp.
KLSQ-AM License Corp.
KLVE-FM License Corp.
KMRT-AM License Corp.
KTNQ-AM License Corp.
La Oferta, Inc.
License Corp. No 1
License Corp. No. 2
Mi Casa Publications, Inc.
Momentum Research, Inc.
Spanish Coast to Coast, Ltd.
T C Television, Inc.
Tichenor License Corporation
TMS Assets California, Inc.
TMS License California, Inc.
WADO Radio, Inc.
WADO-AM License Corp.
WLXX-AM License Corp.
WPAT-AM License Corp.
WQBA-AM License Corp.
WQBA-FM License Corp.

---

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