alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. 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should not be published and is not precedent except under the limited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 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-10517

Conference Calendar

WILLIAM CHARLES TURNER

Plaintiff-Appellant

v.

JAMES D MOONEYHAM; RICHARD WATHEN; ROBERT W MATTHEWS;

KENNETH L WILLINGHAM; LISA SEWARD; RICHARD D FRIEMEL;

CORTEZ, Officer; ISMAEL CORTEZ

Defendants-Appellees

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 7:05-CV-4

Before KING, WIENER, and ELROD, Circuit Judges. 

PER CURIAM:*

William Charles Turner, Texas prisoner # 389529, moves to proceed in

forma pauperis (IFP)to appealthe summary judgment dismissal of his 42 U.S.C.

§ 1983 complaint. In that complaint, Turner alleged that he was denied his

rights to constitutionally adequate medical care and to exercise his religious

beliefs when he was deprived of his religious and medically necessary diets while

United States Court of Appeals

Fifth Circuit

F I L E D

February 20, 2008

Charles R. Fulbruge III

Clerk
No. 07-10517

2

in lockdown. The district court determined that the defendants were entitled to

qualified immunity. By moving for leave to proceed IFP, Turner is challenging

the district court’s certification that his appeal was not taken in good faith. See

Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).

Turner has failed to brief any argument regarding the dismissal of his

§ 1983 complaint on the ground of qualified immunity. Failure to identify an

error in the district court’s analysis is the same as if the appellant had not

appealed the judgment. Brinkmann v. Dallas County Deputy Sheriff Abner, 813

F.2d 744, 748 (5th Cir. 1987). Although pro se briefs are liberally construed,

even pro se litigants must brief arguments in order to preserve them. Yohey v.

Collins, 985 F.2d 222, 225 (5th Cir. 1993). As Turner has not shown that the

district court’s determination that his appeal would be frivolous was incorrect,

his request for IFP is denied, and his appeal is dismissed as frivolous. See

Baugh, 117 F.3d at 202 n.24; 5TH CIR. R. 42.2.

We warn Turner that the dismissal of this appeal counts as one strike

under 28 U.S.C. § 1915(g) and that, if he accumulates three strikes, he will not

be able to proceed IFP in any civil action or appeal filed while he is incarcerated

or detained in any facility unless he is under imminent danger of serious

physical injury. See Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996).

IFP DENIED; APPEAL DISMISSED; SANCTION WARNING ISSUED.
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<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                             622
<SECURITIES>                                         0
<RECEIVABLES>                                      991
<ALLOWANCES>                                         0
<INVENTORY>                                        519
<CURRENT-ASSETS>                                  6656
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<TOTAL-ASSETS>                                   23741
<CURRENT-LIABILITIES>                            12816
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<COMMON>                                            10
<OTHER-SE>                                        7369
<TOTAL-LIABILITY-AND-EQUITY>                     23741
<SALES>                                          19129
<TOTAL-REVENUES>                                 19129
<CGS>                                                0
<TOTAL-COSTS>                                    17295
<OTHER-EXPENSES>                                    64
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 373
<INCOME-PRETAX>                                   1525
<INCOME-TAX>                                     (197)
<INCOME-CONTINUING>                               1722
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  (124)
<CHANGES>                                            0
<NET-INCOME>                                      1598
<EPS-BASIC>                                      .16
<EPS-DILUTED>                                      .16


</TABLE>
QuickLinks
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Exhibit 10(a)    
  


 
  SIXTH AMENDMENT TO SPLIT DOLLAR LIFE INSURANCE AGREEMENT
  COLLATERAL ASSIGNMENT PLAN    
  


        This Amendment relates to that certain Split Dollar Life Insurance Agreement made as of the 13th day of June, 1980 between CITY NATIONAL BANK and THE GOLDSMITH
1980 INSURANCE TRUST (the "Agreement") and shall hereby amend paragraph 7 thereof to provide that the Agreement shall terminate on May 15, 2001. 



        Except
as amended by the foregoing, the Agreement shall remain in full force and effect and without any other change. 


        This
Agreement is made and agreed to as of this 18th day of March, 1998. 



	THE GOLDSMITH 1980 INSURANCE TRUST	 	CITY NATIONAL BANK
	

By	
 	

 Bruce Leigh Goldsmith

Trustee	
 	

By	
 	


	 	 	 	 	Its	 	

	

By	
 	

 Russell David Goldsmith

Trustee	
 	

 	
 	

 
	
CITY NATIONAL BANK	
 	

 	
 	

 
	

By	
 	

 Trustee	
 	

 	
 	

 




EXHIBIT "A"  









QuickLinks


Exhibit 10(a)

SIXTH AMENDMENT TO SPLIT DOLLAR LIFE INSURANCE AGREEMENT COLLATERAL ASSIGNMENT PLAN
I

105TH CONGRESS

1ST SESSION H. R. 964

To authorize the marketing of breast self-examination pads without

restriction.

IN THE HOUSE OF REPRESENTATIVES

MARCH 6, 1997

Mr. BURR of North Carolina introduced the following bill; which was referred

to the Committee on Commerce

A BILL

To authorize the marketing of breast self-examination pads

without restriction.

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

3 SECTION 1. FINDINGS.

4 The Congress finds the following:

5 (1) Breast cancer is the second leading cause of

6 death by cancer in women.

7 (2) An estimated 180,000 new invasive cases of

8 breast cancer in the United States are expected in

9 1997.
2

•HR 964 IH

1 (3) An estimated 44,000 women are expected to

2 die of breast cancer during 1997.

3 (4) While there is no cure for breast cancer,

4 early detection is the key to survival of this devastat5 ing disease.

6 (5) In 1995 the Food and Drug Administration

7 made available a plastic pad to aid in self-examina8 tion of the breasts and to be used in addition to a

9 bare hand self-examination.

10 (6) The Congress believes that such a pad

11 should be directly available to women.

12 SEC. 2. AIDS FOR SELF-EXAMINATION OF BREASTS.

13 In the administration of approvals under chapter V

14 of the Federal Food, Drug, and Cosmetic Act of devices

15 to aid in the self-examination of breasts, the Secretary of

16 Health and Human Services shall approve the marketing

17 of such devices without the requirement under section

18 520(e) of such Act that such devices be restricted to sale,

19 distribution, or use only upon a prescription of a licensed

20 practitioner or otherwise be restricted in their availability

21 to women.

Æ
[784 NYS2d 273]

#### RHM Estates, Appellant, v Alan Hampshire, Respondent.

Supreme Court, Appellate Term, First Department,

August 24, 2004

APPEARANCES OF COUNSEL

*Meryl L. Wenig,*Brooklyn, for appellant. *Alan Hampshire,*respondent pro se.

*44OPINION OF THE COURT

Per Curiam.

Final judgment entered July 7, 2003 reversed, without costs, and finad judgment of possession is awarded to petitioner.

Based upon the evidence adduced at trial and in the exercise of our authority to render the judgment warranted by the facts *(see Northern Westchester Professional Park Assoc. v Town of Bedford,*60 NY2d 492, 499 [1983]), we conclude that respondent Hampshire’s relationship to the elderly tenant was that of a close friend and roommate not characterized by the requisite “emotional and financial commitment and interdependence” connoting a family relationship for housing succession purposes *(see Braschi v Stahl Assoc. Co.,*74 NY2d 201, 211 [1989]; Rent Stabilization Code [9 NYCRR] § 2520.6 [o] [2]). Aside from evidence indicating that respondent slept in a “little room” adjacent to the kitchen of the tenant’s “railroad”-type apartment, ate breakfast with the tenant, and at times “shlepp[ed]” items up and down the stairs, the thin trial record offers little insight as to the nature or continuity of respondent’s use of the apartment or the type of household activities that he shared with the tenant. That respondent and the tenant had “similar sensibilities,” socialized and spent some holidays together with mutual friends are factors which, without more, do not demonstrate a family-type, as opposed to a close friend and roommate relationship, particularly given the candid testimony of one of respondent’s own witnesses that the relationship was “a very close friendship . . . almost like a best friend relationship.”

Also lacking was any record showing that respondent and the tenant intermingled their finances, formalized legal obligations or jointly owned property *(see, GSL Enters. v Lopez,*239 AD2d 122 [1997]; *Seminole Realty Co. v Greenbaum,*209 AD2d 345 [1994], *lv dismissed*85 NY2d 922 [1995]). The requisite showing of familial, financial commitment is not found in respondent’s vague testimony that the tenant financially supported his career as an artist and would “wire” and “send” respondent unspecified amounts of money on an unspecified number of occasions.

On this record, respondent failed to meet his “affirmative obligation” of establishing succession rights to the rent-stabilized apartment as a nontraditional family member of the deceased tenant (Rent Stabilization Code [9 NYCRR] § 2523.5 [e]).

McCooe, J.E, Davis and Gangel-Jacob, JJ., concur.
S. 2864

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twentieth day of January, two thousand and four

An Act

To extend for eighteen months the period for which chapter 12 of title 11, United

States Code, is reenacted.

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 ‘‘Family Farmer Bankruptcy

Relief Act of 2004’’.

SEC. 2. EIGHTEEN-MONTH EXTENSION OF PERIOD FOR WHICH

CHAPTER 12 OF TITLE 11, UNITED STATES CODE, IS

REENACTED.

(a) AMENDMENTS.—Section 149 of title I of division C of Public

Law 105–277 (11 U.S.C. 1201 note) is amended—

(1) by striking ‘‘January 1, 2004’’ each place that term

appears and inserting ‘‘July 1, 2005’’; and

(2) in subsection (a)—

(A) by striking ‘‘June 30, 2003’’ and inserting

‘‘December 31, 2003’’; and

(B) by striking ‘‘July 1, 2003’’ and inserting ‘‘January

1, 2004’’.

(b) EFFECTIVE DATE.—The amendments made by subsection

(a) are deemed to have taken effect on January 1, 2004.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
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Exhibit 32.1   LIONS PETROLEUM INC.  CERTIFICATION OF PERIODIC REPORT Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 18 U.S.C. Section 1350  The undersigned executive officer of Lions Petroleum, Inc. certifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:  1. the quarterly report on Form 10-QSB of Lions Petroleum Inc. for the quarter ended March 31, 2007 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 Form 10-QSB fairly presents, in all material respects, the financial condition and results of operations of Lions Petroleum Inc.  Date: May 18, 2007/s/ Gordon L. Wiltse
Gordon L. Wiltse
Chief Financial Officer
Principal Executive Officer
|   | (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 result of operations of the Company. |
|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | /s/ Robert B. Goergen                |   |
|--------|--------------------------------------|--------|
|   | Robert B. Goergen                    |
|   | Chairman and Chief Executive Officer |
|   | April 9, 2010                   |

----
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CERTIFICATIONS OF CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT 

Exhibit 31.2

CERTIFICATIONS

I, MICHAEL SCHUTZ, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Most Home Corp.;

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; 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

4. The registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

(b) Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

(c) Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and 

5. The registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent functions): 

(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and 

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.

|  
 
 
 
Date: June 18, 2007
 
/s/ Michael Schutz
 
 
Michael		Schutz		Chief Financial Officer |
|----------------------------------------------------------------------------------------------------------------------------------|
Exhibit 31.2



CERTIFICATION



I, Jon W. Clark, certify that:



| | 1. | I have reviewed this Amendment No. 1 on Form 10-K/A of Gramercy Property Trust Inc. (the “registrant”);
| | -- | -------------------------------------------------------------------------------------------------------



| | 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: May 10, 2013



| | /s/ JON W. CLARK              
| | ------------------------------
| | Name: Jon W. Clark            
| | Title: Chief Financial Officer