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

FOR THE FIFTH CIRCUIT

No. 16-40211

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CAROLYNN ALEXANDRA PEREZ,

Defendant-Appellant

Appeals from the United States District Court

for the Southern District of Texas

USDC No. 1:13-CR-564-1

Before DENNIS, PRADO, and OWEN, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Carolynn Alexandra 

Perez has moved for leave to withdraw and has filed a brief in accordance with 

Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 

229 (5th Cir. 2011). Perez has not filed a response. We have reviewed counsel’s 

brief and the relevant portions of the record reflected therein. We concur with 

counsel’s assessment that the appeal presents no nonfrivolous issue for 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

December 20, 2016

Lyle W. Cayce

Clerk

 Case: 16-40211 Document: 00513804363 Page: 1 Date Filed: 12/20/2016
No. 16-40211

2

appellate review. Accordingly, counsel’s motion for leave to withdraw is 

GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 16-40211 Document: 00513804363 Page: 2 Date Filed: 12/20/2016
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7607

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. JOHN MAURICE HENOUD, a/k/a John Harvey, a/k/a J. M. Harvey, a/k/a J. M. Hardey, a/k/a Jerry Geohn Davidson, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (2:04-cr-00004-JBF-TEM-1; 2:08-cv-00587-JBF-TEM)

Submitted: December 9, 2009 Decided: January 26, 2010

Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John Maurice Henoud, Appellant Pro Se. Michael Calvin Moore, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: John Maurice Henoud seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district

court is likewise debatable. Miller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000);

Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Henoud has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the 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
* 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. 00-11286

Conference Calendar

 

LARRY K. JOHNSON,

Plaintiff-Appellant,

versus

JOHN GILBERT, Regional Director; NO FIRST NAME JAMES, JR.,

Food Service Manager; E. BOND, Warden; D. BRYANT, Licensed

Vocational Nurse; BILLY WILLIAMS, Correctional Officer III;

C. DAVIS, Correctional Officer III; B. WEDEKING, Correctional

Officer III; T. DRIVER, Sergeant; D. LEA, Correctional Officer

III; H. TALIB, Chaplin; S. SCOTT, Correctional Officer III,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 1:99-CV-261

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

June 14, 2001

Before WIENER, DeMOSS, and DENNIS, Circuit Judges. 

PER CURIAM:*

Larry K. Johnson, Texas state prisoner # 577737, appeals the

magistrate judge’s dismissal as frivolous of his civil rights

complaint. 28 U.S.C. §§ 1915(e)(2)(B)(i) & 1915A(b)(1). 

Johnson argues that the magistrate judge abused her discretion in

dismissing as frivolous his claims that the defendants violated 

his constitutional right to the free exercise of religion by not
No. 00-11286 

-2-

providing him with a pork-free diet. He also contends that the

magistrate judge abused her discretion in dismissing as frivolous

his claim that defendants Williams and Bryant retaliated against

him by denying him medication on one occasion.

Johnson’s claims that he was served meals containing pork

before and after being placed on the “pork-free” list are mere

negligence claims, which do not rise to the level of a

constitutional violation. George v. King, 837 F.2d 705, 707 (5th

Cir. 1988); Eason v. Thaler, 73 F.3d 1322, 1328 n.2 (5th Cir.

1996). 

Johnson offers nothing more than his conclusional assertions

that he was denied medication on one occasion in retaliation

against him because he filed a prior grievance against Williams. 

An inmate’s personal belief that he is a victim of retaliation is

not sufficient to support a claim. Jones v. Greninger, 188 F.3d

322, 325 (5th Cir. 1999). 

Johnson’s appeal is without arguable merit and is frivolous. 

See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). 

Because the appeal is frivolous, it is DISMISSED. See 5th Cir.

R. 42.2. 

The dismissal of this appeal and the dismissal as frivolous

by the magistrate judge each count as a "strike" for purposes of

28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383,

387-88 (5th Cir. 1996). Johnson, therefore, has two "strikes"

under 28 U.S.C. § 1915(g). We caution Johnson that once he

accumulates three strikes, he may not proceed in forma pauperis

in any civil action or appeal filed while he is incarcerated or
No. 00-11286 

-3-

detained in any facility unless he is under imminent danger of

serious physical injury. See 28 U.S.C. § 1915(g). 

APPEAL DISMISSED; SANCTIONS WARNING ISSUED.
CERTIFICATIONS 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 Organic Soils.com Inc. on Form 10-KSB
for  the year ended December 31, 2002, as filed with the Securities and Exchange
Commission  on the date hereof (the "Report"), I, Ray L. Smith, President, Chief
Executive  Officer  and  Chief Financial Officer, 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)     The information contained in the Report fairly presents, in all material
respects,  the  financial  condition and result of operations of the Company, as
of,  and  for  the  periods  presented  in  the  Report.


                                        /s/  Ray  L.  Smith
                                        -------------------
                                        Ray  L.  Smith
                                        President & Chief Executive Officer
                                        Chief Financial Officer
                                        April  14,  2003


A  signed  original  of  this written statement required by Section 906 has been
--------------------------------------------------------------------------------
provided  to  Organic Soils.com, Inc. and will be retained by Organic Soils.com,
--------------------------------------------------------------------------------
Inc.  and  furnished to the Securities and Exchange Commission or its staff upon
--------------------------------------------------------------------------------
request.
--------
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS), Treasury.

# ACTION:

Notice of meeting.

# SUMMARY:

An open meeting of the Taxpayer Advocacy Panel Joint Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service.

# DATES:

The meeting will be held Thursday, August 20, 2009, Friday, August 21, 2009 and Saturday, August 22, 2009.

# FOR FURTHER INFORMATION CONTACT:

Susan Gilbert at 1-888-912-1227 or (515) 564-6638.

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel Joint Committee will be held Thursday, August 20, 2009 from 12 p.m. to 4:30 p.m., Friday, August 21, 2009 from 8 a.m. to 4:30 p.m. and Saturday, August 22, 2009 from 8 to 12 p.m. Eastern Time in Atlanta, GA. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Susan Gilbert. For more information please contact Ms. Gilbert at 1-888-912-1227 or (515) 564-6638 or write: TAP Office, 210 Walnut Street, Stop 5115, Des Moines, IA 50309 or contact us at the Web site:                     *http://www.improveirs.org.*

The agenda will include various IRS issues.

Dated: July 16, 2009.

Shawn F. Collins,

Acting Director,  Taxpayer Advocacy Panel.

[FR Doc. E9-17446 Filed 7-22-09; 8:45 am]

BILLING CODE 4830-01-P
# laucnty99

&8Page &P of &N
Education

Occupations

U.S. Bureau of Labor Statistics www.bl

Fastest Growing Education Occupations:

Occupations Projected Job Growth

Rate 2022-2032

Median Annual Wage 

Health specialties teachers,

postsecondary 19% $100,300

18% 78,580

11% 60,380

Engineering teachers, postsecondary

10%

103,550

Museum technicians and conservators

9%

9% 81,650

47,270

Most New Jobs Among Education Occupations:

Occupations Projected Job Growth 2022-2032 Median Annual Wage 

Preschool teachers, except special education

17,400

Health specialties teachers, postsecondary $100,300

17,200 35,330

35,250

Nursing instructors and teachers, postsecondary 15,600

44,110

Substitute teachers, short-term

11,400

78,580

Self-enrichment teachers

11,100 62,360

Additional Education Occupations:

Occupations Typical Entry-Level Education Median Annual Wage 

Archivists Master’s degree $58,640

Biological science teachers, postsecondary Doctoral or professional degree 81,650

Economics teachers, postsecondary Doctoral or professional degree 103,930

Instructional coordinators Master’s degree 66,490

Kindergarten teachers, except special education Bachelor’s degree 60,490

Librarians and media collections specialists 61,660

Political science teachers, postsecondary Doctoral or professional degree 83,770

Special education teachers, middle school Bachelor’s degree 62,990

Career/technical education teachers, secondary school Bachelor’s degree 62,500

Source: U.S. Bureau of Labor Statistics, Employment Projections program.

Biological science teachers, postsecondary

50,200

Master’s degree

Nursing instructors and teachers, 

postsecondary

Curators

Secondary school teachers, except special and 

career/technical education
<PAGE>
 
EXHIBIT 11.0 - Computation of Earnings Per Share
<TABLE>
<CAPTION>
                                             Three Months  Nine Months
                                                Ended         Ended
                                                9/30/97      9/30/97
                                             ------------  -----------
<S>                                          <C>           <C> 
     Net Income                                $1,271,631   $3,503,281
                                               ==========   ==========
 
     Weighted average shares outstanding        2,478,240    2,506,028
 
     Common stock equivalents due to
      dilutive effect of stock options            203,591      195,997
                                               ----------   ----------
     Total weighted average common shares
      and equivalents outstanding               2,681,831    2,702,025
                                               ==========   ==========
 
     Primary earnings per share                $     0.47   $     1.30
                                               ==========   ==========
     Total weighted average common shares
      and equivalents outstanding for
      primary computation                       2,681,831    2,702,025
 
     Additional dilutive shares using the
      end of period market value versus
      the average market value when
      applying the treasury stock method            2,210 *      9,804 *
                                               ----------   ----------
     Total weighted average common shares
      and equivalents outstanding for
      fully diluted computation                 2,684,041    2,711,829
                                               ==========   ==========
 
     Fully diluted earnings per share          $     0.47   $     1.29
                                               ==========   ==========
</TABLE>

* If average share price is greater than ending price, the average price for
  both primary and fully diluted is used for the calculation.
# table14full17

&8Page &P of &N	
GP2017/HTML%20files%20for%202017/gp17_14.htmGP2017/HTML%20files%20for%202017/gp17_14.htm
I 

108TH CONGRESS 

1ST SESSION H. R. 93

To amend the National Labor Relations Act to require the arbitration of 

initial contract negotiation disputes, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2003

Mr. GREEN of Texas introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL

To amend the National Labor Relations Act to require the 

arbitration of initial contract negotiation disputes, and 

for other purposes.

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 ‘‘Labor Relations First 

5 Contract Negotiations Act of 2002’’. 

6 SEC. 2. INITIAL CONTRACT DISPUTES. 

7 Section 8 of the National Labor Relations Act (29 

8 U.S.C. 158) is amended by adding at the end the following 

9 new subsection: 
2

•HR 93 IH 

1 ‘‘(h)(1) If, not later than 60 days after the certifi2 cation of a new representative of employees for the pur3 pose of collective bargaining, the employer of the employ4 ees and the representative have not reached a collective 

5 bargaining agreement with respect to the terms and condi6 tions of employment, the employer and the representative 

7 shall jointly select a mediator to mediate those issues on 

8 which the employer and the representative cannot agree. 

9 ‘‘(2) If the employer and the representative are un10 able to agree upon a mediator, either party may request 

11 the Federal Mediation and Conciliation Service to select 

12 a mediator and the Federal Mediation and Conciliation 

13 Service shall upon the request select a person to serve as 

14 mediator. 

15 ‘‘(3) If, not later than 30 days after the date of the 

16 selection of a mediator under paragraph (1) or (2), the 

17 employer and the representative have not reached an 

18 agreement, the employer or the representative may trans19 fer the matters remaining in controversy to the Federal 

20 Mediation and Conciliation Service for binding arbitra21 tion.‘‘.

Æ
<PAGE>   1



                                                                      EXHIBIT 15



                   INDEPENDENT ACCOUNTANTS' AWARENESS LETTER





Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549

Dear Sirs:

We are aware that Solo Serve Corporation has included our report dated June 16,
1997 (issued pursuant to the provisions of Statement on Auditing Standards No.
71) by reference in the prospectus constituting part of its Registration
Statements on Form S-8 (No. 33-55490) filed on November 20, 1995.  We are also
aware of our responsibilities under the Securities Act of 1933.

Yours very truly,

/s/ Price Waterhouse LLP

PRICE WATERHOUSE  LLP

San Antonio, Texas
June 16, 1997
Order entered August 30, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00109-CR

No. 05-13-00110-CR

No. 05-13-00111-CR

DAVID LYNN GREGG, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 204th Judicial District Court

Dallas County, Texas

Trial Court Cause Nos. F12-53040-Q, F12-51712-Q, F11-27717-Q

ORDER

The Court REINSTATES the appeals.

On August 12, 2013, we ordered the trial court to make findings regarding why 

appellant’s brief has not been filed. We ADOPT the findings that: (1) appellant desires to 

pursue the appeals; (2) appellant is indigent and represented by court-appointed counsel Nanette 

Hendrickson; (3) Ms. Hendrickson’s explanation for the delay in filing appellant’s brief is her 

workload; and (4) Ms. Hendrickson requested thirty days from the August 20, 2013 to file 

appellant’s brief.

We ORDER appellant to file his brief by SEPTEMBER 19, 2013. If appellant’s brief is 

not filed by the date specified, we will order Nanette Hendrickson and the Dallas County Public 
Defender’s Office removed as counsel and will order the trial court to appoint new counsel to 

represent appellant in these appeals.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to the 

Honorable Lena Levario, Presiding Judge, 204th Judicial District Court; Katherine Drew, 

Appellate-Chief, Dallas County Public Defender’s Office; Nanette Hendrickson, Dallas County 

Public Defender’s Office; and the Dallas County District Attorney’s Office.

/s/ LANA MYERS

JUSTICE
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                         323,777
<SECURITIES>                                         0
<RECEIVABLES>                                  368,472
<ALLOWANCES>                                    66,530
<INVENTORY>                                          0
<CURRENT-ASSETS>                               696,905
<PP&E>                                       2,769,055
<DEPRECIATION>                                (712,372)
<TOTAL-ASSETS>                               3,695,839
<CURRENT-LIABILITIES>                          225,680
<BONDS>                                      2,545,249
<PREFERRED-MANDATORY>                        1,128,477
<PREFERRED>                                          1
<COMMON>                                           546
<OTHER-SE>                                    (382,088)
<TOTAL-LIABILITY-AND-EQUITY>                 3,695,839
<SALES>                                        116,391
<TOTAL-REVENUES>                               767,867
<CGS>                                           80,180
<TOTAL-COSTS>                                  493,925
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                63,032
<INTEREST-EXPENSE>                             200,745
<INCOME-PRETAX>                                281,852
<INCOME-TAX>                                    19,978
<INCOME-CONTINUING>                            298,913
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 19,669
<CHANGES>                                            0
<NET-INCOME>                                   318,582
<EPS-BASIC>                                       4.31
<EPS-DILUTED>                                     3.43


</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1000
                            
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1995
<PERIOD-START>                                 JAN-01-1995
<PERIOD-END>                                   DEC-31-1995
                      
<CASH>                                              34,556
<SECURITIES>                                             0
<RECEIVABLES>                                       86,311
<ALLOWANCES>                                             0
<INVENTORY>                                         79,835
<CURRENT-ASSETS>                                   216,965
<PP&E>                                             185,379
<DEPRECIATION>                                     120,243
<TOTAL-ASSETS>                                     287,674
<CURRENT-LIABILITIES>                               74,752
<BONDS>                                             21,669
<COMMON>                                            34,307
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<OTHER-SE>                                         156,946
<TOTAL-LIABILITY-AND-EQUITY>                       287,674
<SALES>                                            387,031
<TOTAL-REVENUES>                                   387,031
<CGS>                                              221,792
<TOTAL-COSTS>                                      221,792
<OTHER-EXPENSES>                                   120,349
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                     873
<INCOME-PRETAX>                                     44,017
<INCOME-TAX>                                        12,589
<INCOME-CONTINUING>                                 31,428
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                        31,428
<EPS-PRIMARY>                                         3.58
<EPS-DILUTED>                                         3.54
        


</TABLE>