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

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

JAMES M. BROADHEAD, #224802, :

Plaintiff, :

vs. : CIVIL ACTION 09-0384-CB-N

OFFICER McCONUCO, et al., :

Defendants. :

ORDER

After due and proper consideration of all portions of this file deemed relevant to the issue

raised, and there having been no objections filed, the Report and Recommendation of the

Magistrate Judge made under 28 U.S.C. § 636 (b)(1)(A) is ADOPTED as the opinion of this

Court. It is ORDERED that this action be and is hereby DISMISSED with prejudice as

frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).

The Clerk is DIRECTED to send to the Commissioner of the Alabama Department of

Corrections a copy of the report and recommendation recommending the dismissal of this action,

of this order adopting the report and recommendation, and of the judgment dismissing this

action.

DONE this 21st day of May, 2010.

s/Charles R. Butler, Jr. 

Senior United States District Judge

Case 1:09-cv-00384-CB-N Document 10 Filed 05/21/10 Page 1 of 1
SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

TERRANCE TAYLOR, AIS # 193913, :

Plaintiff, :

vs. : CIVIL ACTION 09-0079-WS-N

RICHARD ALLEN, et al., :

Defendants. :

ORDER

After due and proper consideration of all portions of this file deemed relevant to the issue

raised, and there having been no objections filed, the Report and Recommendation of the

Magistrate Judge made under 28 U.S.C. § 636 (b)(1)(A) is ADOPTED as the opinion of this

Court. It is ORDERED that this action be and is hereby DISMISSED with prejudice as

frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).

The Clerk is DIRECTED to send to the Commissioner of the Alabama Department of

Corrections a copy of the report and recommendation recommending the dismissal of this action,

of this order adopting the report and recommendation, and of the judgment dismissing this

action.

DONE this 23rd day of March, 2010.

s/WILLIAM H. STEELE

CHIEF UNITED STATES DISTRICT JUDGE

Case 1:09-cv-00079-WS-N Document 11 Filed 03/23/10 Page 1 of 1
Exhibit
      32.2





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 Synergetics USA, Inc. (the “Company”) on
      Form 10-Q for the period ended October 29, 2007, as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Pamela G. Boone,
      Executive Vice President, Chief Financial Officer, Treasurer and Secretary
      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 to my
      knowledge:





(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 results of operations of the Company.





Dated:
      December 10, 2007





/s/
                Pamela G. BoonePamela
                G. BooneExecutive Vice President, Chief Financial Officer,Treasurer
                and Secretary
I 

108TH CONGRESS 

2D SESSION H. R. 4827

To amend the Colorado Canyons National Conservation Area and Black 

Ridge Canyons Wilderness Act of 2000 to rename the Colorado Canyons 

National Conservation Area as the McInnis Canyons National Conservation Area. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 13, 2004

Mr. WALDEN of Oregon (for himself and Mr. POMBO) introduced the following 

bill; which was referred to the Committee on Resources 

A BILL

To amend the Colorado Canyons National Conservation Area 

and Black Ridge Canyons Wilderness Act of 2000 to 

rename the Colorado Canyons National Conservation 

Area as the McInnis Canyons National Conservation 

Area.

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

3 SECTION 1. MCINNIS CANYONS NATIONAL CONSERVATION 

4 AREA. 

5 (a) PURPOSE.—The Colorado Canyons National Con6 servation Area and Black Ridge Canyons Wilderness Act 

7 of 2000 (16 U.S.C. 460mmm et seq.) is amended in sec-
2

•HR 4827 IH 

1 tion 2(b) by striking ‘‘Colorado Canyons’’ and inserting 

2 ‘‘McInnis Canyons’’. 

3 (b) DEFINITIONS.—Section 3 of such Act is amend4 ed—

5 (1) in paragraph (1), by striking ‘‘Colorado’’ 

6 and inserting ‘‘McInnis’’; and 

7 (2) in paragraph (2), by striking ‘‘Colorado’’ 

8 and inserting ‘‘McInnis’’. 

9 (c) COLORADO CANYONS NATIONAL CONSERVATION

10 AREA.—Section 4 of such Act is amended—

11 (1) in the heading, by striking ‘‘COLORADO’’ 

12 and inserting ‘‘MCINNIS’’; and 

13 (2) in subsection (a), by striking ‘‘Colorado 

14 Canyons’’ and inserting ‘‘McInnis Canyons’’. 

15 (d) ADVISORY COUNCIL.—Section 8(a) of such Act 

16 is amended by striking ‘‘Colorado Canyons’’ and inserting 

17 ‘‘McInnis Canyons’’. 

18 (e) SHORT TITLE.—Section 1 of such Act is amended 

19 by striking ‘‘Colorado’’ and inserting ‘‘McInnis’’. 

20 (f) REFERENCES.—Any reference in a law, map, reg21 ulation, document, paper, or other record of the United 

22 States to the ‘‘Colorado Canyons National Conservation 

23 Area’’ shall be deemed to be a reference to the ‘‘McInnis 

24 Canyons National Conservation Area’’. 
3

•HR 4827 IH 

1 (g) EFFECTIVE DATE.—This section and the amend2 ments made by this section take effect on January 1, 

3 2005.

Æ
Exhibit (o)(8)

AMENDMENT NO. 7
TO
ALLTEL CORPORATION 401(k) PLAN
(January 1, 2001 Restatement)

WHEREAS, ALLTEL Corporation (the Company) maintains the ALLTEL Corporation 401(k) Plan, as
amended and restated effective January 1, 2001, and as subsequently amended (the Plan); and

WHEREAS, the Company desires further to amend the Plan;

NOW, THEREFORE, the Company hereby amends the Plan in the respects hereinafter set forth:

Effective as of January 1, 2004, Appendix B of the Plan is amended by adding a new subsection
(h) at the end thereof to provide as follows:



| | (h) | For the 2004 Plan Year, each person who
| | --- | ---------------------------------------



| | (i)   | was an active employee of CellCom/New-Cell, Inc. and became an
Employee on February 20, 2004;                                                                                                                         
| | ----- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|
| | (ii)  | was an active employee of MobileTel, LLC and became an Employee
on November 1, 2004; or                                                                                                                               
|
| | (iii) | was an active employee of United States Cellular Corporation
(USCC) and became an Employee either on December 1, 2004 or pursuant to the
Purchase Agreement between USCC and the Company effective December 1, 2004.

IN WITNESS WHEREOF, the Company, by its duly authorized officer, has caused this Amendment to
be executed on this 13th day of December, 2004.

| |                    |                                                  |  | 
| | ------------------ | ------------------------------------------------ |  | 
| | ALLTEL CORPORATION |                                                 
| | By:                | /s/
    Scott T. Ford                            | 
| |                    | Title: President and Chief Executive
    Officer | 
| |                    |                                                  | 
|
**Exhibit 32**

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report of CaliforniaCoastal Communities, Inc. (the “Company”) on Form 10-Q for the quarter endedJune 30, 2006 as filed with the Securities and Exchange Commission on the datehereof (the “Report”), each of the undersigned, in their respective capacity asan officer, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of theirrespective knowledge, that:

·                    the Reportfully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and 

·                    the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company. 

Dated: August 8, 2006
| /s/ Raymond J. Pacini      |   |
|----------------------------|--------|
| Raymond J.  Pacini         |   |
| Chief Executive  Officer   |   |
|                       |   |
|                       |   |
| /s/ Sandra G.  Sciutto     |   |
| Sandra G.  Sciutto         |   |
| Senior Vice  President and |   |
| Chief Financial  Officer   |   |

 

----
**OFFICE OF**  **THE A-TTORNEY**  **GENERAL OF**  **TEXAS**
**AUSTIN**



### ioatr l teat

### 88 thaw thln& aa 88%

e&ab~irhed to 0i %x06 a8 prl808

8 1088 theYefer* ti3kmw wb4msr 0 p*y the tax since*w8 bme **Rot** e cax8- we me48~Mmm-- aa4 ff em to pay **the tnx,**  ea what fkgure shoal& we barn the tex.In Seation la of Artiole 6, &use Bl&$ No. 0, ?Orty-8OVanthLe~l8ftltW8, 8 tsr Oi OM per OAnt Of the oonsiderationpaid or to be paid 18 levied upon retail sales 0r motor vehicles sold in this S&ate, and fn SeetiOB 2 Of 8tiid hrtiole 6 there is 18vied a use tax upen everymotor rohlole purahased at retall sale **OUt8ide olt**  thla State and brought Into thi8 State for u8e upon the highwep8 **by** a Ye8ident **oftbfe 8tata**  **or** by firm8 or oorporatioao dornia5JaM or doing business in thierState in clfl arnent equ8.1to one p8r sent oi th* totnl consideratfcm paid or to be paid for uald rehfcle UC said ratrtl sale.
.

**I ’** **OU mQUO8t**  **OUr OpiniOa**  **ai bQ**  whethsr the oar8 mentions4 in WY. Ibrine's btter may bs **regietered** for U8@l by ChevroletYQtOl-DiV181OQ **88 008lQ8Ry**  Car8 Without the pBlyasnt of any tax unber raid Article 8.



## Ii the 

## rmt0thus8ubmit+ied to you are oorreat then no tax Is due ant!these tehloleswould be entitle4 to be lW@Stel%d without 8 8bOWiw that U&y 8UO?l t8k haa beon mid, 

### ah08 Said Artiole.6 levied no tax emept in the strnt of a rale. IImfevef,lf by chance the oorporation of whioh ChevroletWtor ~lrision Is a divisionpuroha8ed tbess 

### oar8 rr0i8 8406 **oth8r** pereon, ooa~any **or ear**  porstion e tax **Of** one per **OMt Or**  t&e **tOta** GQn8id8x8tf,on paid wouI6 be due and the OtkT8 wuld not be entitled to registretZonwithout tta payout.

Yours very truly

**Y** 2, **1941 A!L** **’ l** **’ ORIBW**  GJEHERAL OF' TXXAS

FIRST ?,

SSi?i!MNT aBy @tL.4eLC ATTORNEY .EEREML 1 Glenn 5.. bti8 A88i8tMt GRLztt;
COMMONWEALTH OF VIRGINIA

ARLINGTON COUNTY

GENERAL AND SPECIAL ELECTIONS

NOVEMBER 2, 2004

SAMPLE BALLOT 

AUTHORIZED BY: 

ARLINGTON COUNTY ELECTORAL BOARD

2100 CLARENDON BOULEVARD, SUITE 320 

ARLINGTON, VIRGINIA 22201 

(703) 228-3456

NOTICE: THE AUTHORITY STATEMENT PRINTED ABOVE MUST BE REMOVED AND REPLACED WITH THE APPROPRIATE

AUTHORITY STATEMENT FOR THE COMMITTEE, INDIVIDUAL OR GROUP USING THIS BALLOT FOR THEIR OWN PURPOSES. THE 

AUTHORITY STATEMENT USED FOR THIS BALLOT MUST COMPLY WITH THE REQUIREMENTS OF EITHER FEDERAL OR STATE 

LAW, AS APPROPRIATE. FOR STATE REQUIREMENTS, SEE §24.2-943 OF THE CODE OF VIRGINIA. FOR FEDERAL

REQUIREMENTS, CALL THE FEDERAL ELECTION COMMISSION, 1-800-424-9530. 
COMMONWEALTH OF VIRGINIA

ARLINGTON COUNTY

GENERAL AND SPECIAL ELECTIONS

NOVEMBER 2, 2004 

SAMPLE BALLOT 

AUTHORIZED BY: 

ARLINGTON COUNTY ELECTORAL BOARD

2100 CLARENDON BOULEVARD, SUITE 320 

ARLINGTON, VIRGINIA 22201 

(703) 228-3456

NOTICE: THE AUTHORITY STATEMENT PRINTED ABOVE MUST BE REMOVED AND REPLACED WITH THE APPROPRIATE 

AUTHORITY STATEMENT FOR THE COMMITTEE, INDIVIDUAL OR GROUP USING THIS BALLOT FOR THEIR OWN PURPOSES. THE 

AUTHORITY STATEMENT USED FOR THIS BALLOT MUST COMPLY WITH THE REQUIREMENTS OF EITHER FEDERAL OR STATE 

LAW, AS APPROPRIATE. FOR STATE REQUIREMENTS, SEE §24.2-943 OF THE CODE OF VIRGINIA. FOR FEDERAL 

REQUIREMENTS, CALL THE FEDERAL ELECTION COMMISSION, 1-800-424-9530. 
COMMONWEALTH OF VIRGINIA

ARLINGTON COUNTY

GENERAL AND SPECIAL ELECTIONS

NOVEMBER 2, 2004 

SAMPLE BALLOT

AUTHORIZED BY: 

ARLINGTON COUNTY ELECTORAL BOARD

2100 CLARENDON BOULEVARD, SUITE 320 

ARLINGTON, VIRGINIA 22201 

(703) 228-3456

NOTICE: THE AUTHORITY STATEMENT PRINTED ABOVE MUST BE REMOVED AND REPLACED WITH THE APPROPRIATE 

AUTHORITY STATEMENT FOR THE COMMITTEE, INDIVIDUAL OR GROUP USING THIS BALLOT FOR THEIR OWN PURPOSES. THE 

AUTHORITY STATEMENT USED FOR THIS BALLOT MUST COMPLY WITH THE REQUIREMENTS OF EITHER FEDERAL OR STATE 

LAW, AS APPROPRIATE. FOR STATE REQUIREMENTS, SEE §24.2-943 OF THE CODE OF VIRGINIA. FOR FEDERAL 

REQUIREMENTS, CALL THE FEDERAL ELECTION COMMISSION, 1-800-424-9530.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

UNITED STATES OF AMERICA )

)

vs. ) CRIMINAL NO. 05-0184 -CG

) 

MICHAEL MAURICE WHELAN, )

)

Defendant. )

ORDER

This matter is before the court on the motion of defendant, Michael Maurice Whelan, to

suppress and dismiss. (Doc 13). Defendant’s motion alleges no grounds for dismissal. Therefore,

defendant’s motion to dismiss is DENIED.

As to defendant’s motion to suppress, the United States is ORDERED to respond to the

motion on or before August 5, 2005. 

DONE and ORDERED this 25th day of July, 2005.

 /s/ Callie V. S. Granade 

CHIEF UNITED STATES DISTRICT JUDGE

Case 1:05-cr-00184-CG-M Document 14 Filed 07/25/05 Page 1 of 1
CERTIFICATION PURSUANTTO 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 ofBio-Lok International Inc.the (Registrant) on Form 10-KSB/A for the period ended October 31, 2003, as
filed with the Securities and Exchange Commission on February 12, 2004, hereof (the Report), the undersigned officer certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

The Report fully complies with the requirements of Section 13(a) or 5 15(d) of the Securities Exchange Act of 1934, and

The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.

Bio-Lok International Inc.

/s/ Bruce L. Hollander

Chief Executive OfficerJune 14, 2004

---
10974.

#### Jackson *v.*The State.

Decided December 12, 1919.

Motion for new trial; from city court of Wrightsville—Judge Blount. September 11, 1919.

*B. H. Moye,*for plaintiff in error.

*C. S. Claxton, solicitor,*contra.

Luke, J.

Where there was neither service nor written waiver of service upon the opposite party of the rule nisi issued -in connection with a motion for a new trial, and where, at the first opportunity and before either expressly or impliedly consenting to the completion of the motion or its judicial consideration upon its merits, the respondent moved to dismiss the proceeding, for want of such service, the court did not err in dismissing it. Penal Code (1910), § 1092; Civil Code (191Ó), § 6080; *Smedley*v. *Williams,*112 *Ga.*114 (37 S. E. 111); *Summerford*v. *Kinard,*8 *Ga. App.*253, (68 S. E. 955); *McMullen*v. *Citizens Bank,*123 *Ga.*400 (51 S. E. 342); *Tyler*v. *Arnett,*13 *Ga. App.*595 (79 S. E. 482).

*Judgment affirmed.*

*Broyles, O. J., and Bloodworth, J., concur.*
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   599
<PP&E>                                          39,708
<DEPRECIATION>                                  19,879
<TOTAL-ASSETS>                                  24,829
<CURRENT-LIABILITIES>                           27,108
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        15,000
<OTHER-SE>                                     (17,279)
<TOTAL-LIABILITY-AND-EQUITY>                    24,829
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 4,877
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 (4,877)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (4,877)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (4,877)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
11439.

#### Fields *et al. v.*Shores-Mueller Co.

Decided June 15, 1920.

Action on guaranty; from city court of Sylvester — Juflge Monk. ■ March 16, 1920.

*J. J. Forehand,*for plaintiffs in error.

*Passmore & Forehand,*contra.

Broyles, C. J.

1. Ordinarily before an action can be maintained against a guarantor, it must be shown that the principal is unable to perform. *Manry*v. *Waxelbaum,*108 *Ga.*14 (33 S. E. 701); *Musgrove*v. *Publishing Co., 5 Ga. App.*279 (63 S. E. 52).

*(a)*The decision in *Fonché*v. *Cherokee National Bank,*18 *Ga. App.*569 (90 S. E. 102), and the authorities there cited, apply to undertakings of a different character from that involved in the instant case.

2. This was a suit against guarantors, and, while the insolvency of the principal was alleged in the petition, there was no evidence whatever to sustain that allegation. The verdict against the guarantors was therefore unsupported by the evidence,, and the court erred in overruling the motion for a new trial.

3. In view of the above ruling, it is unnecessary to consider the special grounds of the motion for a new trial.

*Judgment reversed.*

*Luke and Bloodworth, JJ., concur.*
IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

ARISTEDES VICTOR BALBUENA, )

)

Petitioner, )

) CIVIL ACTION NO. 09-00826-KD

vs. ) CRIMINAL NO. 07-00410-KD-B

)

UNITED STATES OF AMERICA, )

)

Respondent. )

ORDER

After due and proper consideration of all portions of this file deemed relevant to the issue

raised, and there having been no objections filed, the Report and Recommendation of the

Magistrate Judge made under 28 U.S.C. §636(b)(1)(B) and dated March 22, 2010, is ADOPTED

as the opinion of this Court. 

It is ORDERED that this action be and is hereby DISMISSED without prejudice for

failure to prosecute and to obey the Court's Orders.

DONE this April 7, 2010.

s/ Kristi K. DuBose

KRISTI K. DuBOSE 

UNITED STATES DISTRICT JUDGE

Case 1:07-cr-00410-KD-B Document 60 Filed 04/08/10 Page 1 of 1
Exhibit 10.30

 

FORM OF DRAW-TO TERM LOAN NOTE

 

	
$
    	
           ,   20      
    


 

On or before the Draw-To Term Loan Maturity Date, FOR VALUE RECEIVED, Glaukos Corporation (the “Borrower”), promises to pay to the order of [insert name of applicable financial institution] (“Payee”) at Detroit, Michigan, care of Agent, in lawful money of the United States of America, so much of the sum of [Insert Amount derived from Percentages] Dollars ($                  ), as may from time to time have been advanced by Payee and then be outstanding hereunder pursuant to the Amended and Restated Revolving Credit and Term Loan Agreement made as of February 23, 2015 (as amended, restated or otherwise modified from time to time, the “Credit Agreement”), by and among the financial institutions from time to time signatory thereto (individually a “Lender,” and any and all such financial institutions collectively the “Lenders”), Comerica Bank, as Administrative Agent for the Lenders (in such capacity, the “Agent”), and Borrower.  Each of the Draw-To Term Loan Advances made hereunder shall bear interest at the Applicable Interest Rate from time to time applicable thereto under the Credit Agreement or as otherwise determined thereunder, and interest shall be computed, assessed and payable as set forth in the Credit Agreement.

 

This Note is a note under which Draw-To Term Loan Advances (including refundings and conversions), and repayments, but not readvances, may be made from time to time, but only in accordance with the terms and conditions of the Credit Agreement. This Note evidences borrowings under, is subject to, is secured in accordance with, and may be accelerated or matured under, the terms of the Credit Agreement, to which reference is hereby made. Capitalized terms used herein, except as defined to the contrary, shall have the meanings given them in the Credit Agreement.

 

This Note shall be interpreted and the rights of the parties hereunder shall be determined under the laws of, and enforceable in, the State of California.

 

The Borrower hereby waives presentment for payment, demand, protest and notice of dishonor and nonpayment of this Note and agree that no obligation hereunder shall be discharged by reason of any extension, indulgence, release, or forbearance granted by any holder of this Note to any party now or hereafter liable hereon or any present or subsequent owner of any property, real or personal, which is now or hereafter security for this Note

 

*     *     *

 

[SIGNATURES FOLLOW ON SUCCEEDING PAGE]

 











 

Nothing herein shall limit any right granted Bank by any other instrument or by law.

 

 

	
 
    	
GLAUKOS CORPORATION
    
	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
By:
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
Its: