alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-1038

YOLANDA W. STOKES,

Plaintiff - Appellant,

versus

EARL B. PULLEN, Director; CHARLOTTESVILLE

REDEVELOPMENT & HOUSING AUTHORITY,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Charlottesville. B. Waugh Crigler, Magistrate

Judge. (CA-96-61-3-C)

Submitted: September 11, 1997 Decided: September 18, 1997

Before RUSSELL, MURNAGHAN, and HAMILTON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Yolanda W. Stokes, Appellant Pro Se. David E. Nagle, LECLAIR RYAN,

P.C., Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* The parties consented to the jurisdiction of a magistrate

judge under 28 U.S.C. § 636(c) (1994).

2

PER CURIAM:

Appellant appeals the magistrate judge's order dismissing her

employment discrimination action as untimely.* We have reviewed the

record and find no reversible error. A claimant who fails to file

a complaint within the ninety-day statutory time period mandated by

Title VII, 42 U.S.C. § 2000e-5(f) (1994), generally forfeits her

right to pursue her claim. See Baldwin County Welcome Ctr. v.

Brown, 466 U.S. 147, 149-51 (1984). While conceding that her complaint was filed outside the statutory time period, Appellant

asserts that, under Virginia's savings statute, the voluntary

dismissal of a previous suit tolled the statute of limitations and

permitted her six months from the date of dismissal to file her

current action.

However, Appellant is mistaken. Where, as here, the plaintiff

voluntarily dismisses a lawsuit that was brought in federal court,

asserted a purely federal claim, and was subject to a federal

statute of limitations, state savings statutes do not apply. See

Beck v. Caterpillar Inc., 50 F.3d 405, 407 (7th Cir. 1995); see

also Brown v. Hartshorne Pub. Sch. Dist., 926 F.2d 959, 961 (10th

Cir. 1991). Accordingly, the statute of limitations was not tolled,

and the magistrate judge properly dismissed Appellant's action.

Because the notice of appeal was timely filed, we deny Appellees'

motion to dismiss. We dispense with oral argument because the facts
3

and legal contentions are adequately presented in the materials

before the court and argument would not aid the decisional process.

AFFIRMED
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</TABLE>
H. Res. 29

In the House of Representatives, U.S.,

January 28, 2003.

Resolved, That upon the adoption of this resolution it

shall be in order without intervention of any point of order

to consider in the House the joint resolution (H.J. Res. 13)

making further continuing appropriations for the fiscal year

2003, and for other purposes. The joint resolution shall be

considered as read for amendment. The previous question

shall be considered as ordered on the joint resolution to final

passage without intervening motion except: (1) one hour of

debate on the joint resolution equally divided and controlled

by the chairman and ranking minority member of the Committee on Appropriations; and (2) one motion to recommit.

SEC. 2. Upon receipt of a message from the Senate

transmitting House Joint Resolution 2 with a Senate amendment thereto, it shall be in order to consider in the House

a motion offered by the chairman of the Committee on Appropriations or his designee that the House disagree to the
2

•HRES 29 EH

Senate amendment and request or agree to a conference with

the Senate thereon.

Attest:

Clerk.
**Exhibit 23.1**

**CONSENT OFINDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

Weconsent to the incorporation by reference in Registration Statements No. 333-138124,No. 333-126586 and No. 333-122676 on Form S-8and Registration Statements No. 333-124091 and No. 333-117944on Form S-3 of our reports dated March 16, 2007 relating to theconsolidated financial statements of iPCS, Inc. and Subsidiaries (whichreport expresses an unqualified opinion and includes an explanatory paragraphrelating to the preparation of the financial statements in conformity withAICPA Statement of Position 90-7, “Financial Reporting by Entities in Reorganization Under the BankruptcyCode”), and management’s report on the effectiveness of internal controlover financial reporting appearing in this Annual Report on Form 10-Kof iPCS, Inc. for the year ended December 31, 2006.
| /s/ DELOITTE & TOUCHE LLP |
|-----------------------------------------|
| Davenport, Iowa                         |
| March 16, 2007                     |

 

----
Exhibit 32.1



Written Statement of the Chief Executive Officer and Chief Financial Officer

Pursuant to 18 U.S.C. '
1350

Solely for the purposes of complying with 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, we, the undersigned Chief Executive Officer and Chief Financial Officer of Denmark Bancshares, Inc. (the "Company"), hereby certify, based on our knowledge, that the Quarterly Report on Form 10-Q of the Company for the quarter ended March 31, 2004, (the "Report") fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|/s/ Darrell R. Lemmens              
|------------------------------------
|Darrell R. Lemmens,                 
|Principal Executive Officer,        
|Chairman of the Board, and President



|/s/ Dennis J. Heim           
|-----------------------------
|Dennis J. Heim               
|Vice President and Treasurer,
|Principal Financial and      
|Accounting Officer           
|                             
|Date:  April 28, 2004
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 963 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 963

To redesignate the facility of the United States Postal Service located 
at 2777 Logan Avenue in San Diego, California, as the ``Cesar E. Chavez 
                             Post Office''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2003

 Mr. Filner (for himself and Mrs. Davis of California) introduced the 
   following bill; which was referred to the Committee on Government 
                                 Reform

_______________________________________________________________________

                                 A BILL

 
To redesignate the facility of the United States Postal Service located 
at 2777 Logan Avenue in San Diego, California, as the ``Cesar E. Chavez 
                             Post Office''.

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

SECTION 1. CESAR E. CHAVEZ POST OFFICE.

    (a) Redesignation.--The facility of the United States Postal 
Service located at 2777 Logan Avenue in San Diego, California, and 
known as the Southeastern Post Office, shall be known and designated as 
the ``Cesar E. Chavez Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the Cesar E. 
Chavez Post Office.
                                 <all>
```
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-1038
YOLANDA W. STOKES, Plaintiff - Appellant, versus EARL B. PULLEN, Director; CHARLOTTESVILLE REDEVELOPMENT & HOUSING AUTHORITY, Defendants - Appellees.Appeal from the United States District Court for the Western District of Virginia, at Charlottesville. B. Waugh Crigler, Magistrate Judge. (CA-96-61-3-C) Submitted: September 11, 1997 Decided: September 18, 1997 Before RUSSELL, MURNAGHAN, and HAMILTON, Circuit Judges. Affirmed by unpublished per curiam opinion. Yolanda W. Stokes, Appellant Pro Se. David E. Nagle, LECLAIR RYAN, P.C., Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* The parties consented to the jurisdiction of a magistrate judge under 28 U.S.C. § 636(c) (1994). 2 PER CURIAM: Appellant appeals the magistrate judge's order dismissing her employment discrimination action as untimely. * We have reviewed the record and find no reversible error. A claimant who fails to file a complaint within the ninety-day statutory time period mandated by Title VII, 42 U.S.C. § 2000e-5(f) (1994), generally forfeits her right to pursue her claim. See Baldwin County Welcome Ctr. v. Brown , 466 U.S. 147, 149-51 (1984). While conceding that her complaint was filed outside the s tatutory time period, Appellant asserts that, under Virginia's savings statute, the voluntary dismissal of a previous suit tolled the statute of limitations and permitted her six months from the date of dismissal to file her current action. However, Appellant is mistaken. Where, as here, the plaintiff voluntarily dismisses a lawsuit that was brought in federal court, asserted a purely federal claim, and was subject to a federal statute of limitations, state savings statutes do not apply. See Beck v. Caterpillar Inc. , 50 F.3d 405, 407 (7th Cir. 1995); see also Brown v. Hartshorne Pub. Sch. Dist. , 926 F.2d 959, 961 (10th Cir. 1991). Accordingly, the statute of limitations was not tolled, and the magistrate judge properly dismissed Appellant's action. Because the notice of appeal was timely filed, we deny Appellees' motion to dismiss. We dispense with oral argument because the facts3 and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
<PAGE>
                                  EXHIBIT 21.1


                      List of Subsidiaries and Affiliates


Wholly-owned subsidiaries:

Microtune (LP), L.L.C.
Microtune (GP), L.L.C.

Indirectly-owned subsidiaries:

Microtune (Texas), L.P.
HMTF Acquisition (Bermuda), Ltd.
Microtune GmbH & Co. KG
HMTF Erste Beteiligungs GmbH
Microtune Verwaltungs GmbH
Microtune RF Technologies (Phils), Inc.
NSF RF Technologies Corporation
Microtune (Taiwan), Ltd.
Microtune (Korea), Ltd.
Microtune (Hong Kong), Ltd.
Transilica, Inc.
Transilica Japan Inc.
Transilica Singapore Pte. Ltd.
Transilica Pacific Inc.
Microtune (Holland) Holding B.V. f/k/a SPaSE Holding B.V.
Microtune (Holland) B.V. f/k/a SPaSE B.V.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

November 25, 2008 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 137245 Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, 

Justices 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

v SC: 137245 

 COA: 285403 

Genesee CC: 06-018317-FC; 

SAMANTHA JEAN BACHYNSKI, 06-018471-FC 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the July 24, 2008 order 

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded 

that the question presented should be reviewed by this Court. 

d1117 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

November 25, 2008 

 Clerk
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 24 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                       January 8, 2003.
    Resolved, That the following named Members be, and they are hereby, elected 
Chairmen of the following standing committees of the House of Representatives:
    Committee on Agriculture: Mr. Goodlatte of Virginia.
    Committee on Appropriations: Mr. Young of Florida.
    Committee on Armed Services: Mr. Hunter of California.
    Committee on the Budget: Mr. Nussle of Iowa.
    Committee on Education and the Workforce: Mr. Boehner of Ohio.
    Committee on Energy and Commerce: Mr. Tauzin of Louisiana.
    Committee on Financial Services: Mr. Oxley of Ohio.
    Committee on Government Reform: Mr. Tom Davis of Virginia.
    Committee on House Administration: Mr. Ney of Ohio.
    Committee on International Relations: Mr. Hyde of Illinois.
    Committee on the Judiciary: Mr. Sensenbrenner of Wisconsin.
    Committee on Resources: Mr. Pombo of California.
    Committee on Science: Mr. Boehlert of New York.
    Committee on Small Business: Mr. Manzullo of Illinois.
    Committee on Standards of Official Conduct: Mr. Hefley of Colorado.
    Committee on Transportation and Infrastructure: Mr. Young of Alaska.
    Committee on Veterans' Affairs: Mr. Chris Smith of New Jersey.
    Committee on Ways and Means: Mr. Thomas of California.
            Attest:

                                                                          Clerk.
```
1 The Honorable Ortrie D. Smith, United St ates District Judge for the Western District of Missouri. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 05-2867

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Missouri. Michael L. Jones, * * [UNPUBLISHED] Appellant. *

___________ Submitted: October 6, 2006 Filed: October 18, 2006

___________ Before SMITH, MAGILL, and BENTON, Circuit Judges.

___________ PER CURIAM. Michael Jones appeals the se ntence the district court 1 imposed after he pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). His counsel has filed a brief under Anders v. California , 386 U.S. 738 (1967), asserting that the district court should have required the government to file a motion for a downwar d departure based on Jones’s substantial assistance.-2- Counsel’s argument is unavailing. SeeUnited States v. Romsey , 975 F.2d 556, 557-58 (8th Cir. 1992) (denial of de fendant’s substantial-assistance downward-departure motion was not error where government did not make motion, even though government did not present its reasons, because plea agreement preserved government’s discretion whether to make such motion and defendant made no threshold showing of constitutionally impe rmissible motive). Having reviewed the record pursuant to Penson v. Ohio , 488 U.S. 75 (1988), we find no nonfrivolous issues. Accordingly, we affirm the district court’s judgment.

______________________________
EXHIBIT 99.2
                                CFO CERTIFICATION



                            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 Global Innovative Systems,  Inc. on Form
10-KSB for the period ending  September  30, 2002, as filed with the  Securities
and Exchange  Commission on the date hereof (the "Report"),  I, Robert Fletcher,
Chief Financial  Officer and Chief Operations  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, to the best of my knowledge and belief:

         (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 Fletcher
Robert Fletcher, CFO and COO
March 7, 2003


                                       48
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 261 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                       October 5, 2004.
Whereas food insecurity and hunger are a fact of life for millions of low-income 
        Americans and can produce physical, mental, and social impairments;
Whereas recent census data show that almost 13,000,000 children in the United 
        States live in families experiencing hunger or food insecurity;
Whereas the problem of hunger and food insecurity can be found in rural, 
        suburban, and urban America, touching nearly every American community;
Whereas although substantial progress has been made in reducing the incidence of 
        hunger and food insecurity in the United States, certain groups, 
        including the working poor, the elderly, homeless people, children, 
        migrant workers, and Native Americans remain vulnerable to hunger and 
        the negative effects of food deprivation;
Whereas the people of the United States have a long tradition of providing food 
        assistance to hungry people through acts of private generosity and 
        public support programs;
Whereas the Federal Government, through Federal food assistance programs such as 
        the Federal Food Stamp Program, child nutrition programs, and food 
        donation programs, provides essential nutrition support to millions of 
        low-income people;
Whereas there is a growing awareness of the important public and private 
        partnership role that community-based organizations, institutions of 
        faith, and charities provide in assisting hungry and food insecure 
        people;
Whereas more than 50,000 local community-based organizations rely on the support 
        and efforts of more than 1,000,000 volunteers to provide food assistance 
        and services to millions of vulnerable people;
Whereas a diverse group of organizations, including America's Second Harvest, 
        the United States Conference of Mayors, and other organizations have 
        documented substantial increases in requests for emergency food 
        assistance over the past year; and
Whereas all Americans can help participate in hunger relief efforts in their 
        communities by donating food and money, by volunteering, and by 
        supporting public policies aimed at reducing hunger: Now, therefore, be 
        it
    Resolved, That the House of Representatives supports the efforts of 
organizations such as Second Harvest to provide emergency food assistance to 
hungry people in the United States, and encourages all Americans to provide 
volunteer services and other support for local antihunger advocacy efforts and 
hunger relief charities, including food banks, food rescue organizations, food 
pantries, soup kitchens, and emergency shelters.
            Attest:

                                                                          Clerk.
```
**Exhibit 32.2**CERTIFICATION OF CHIEF FINANCIAL OFFICERPURSUANT 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 Home Diagnostics, Inc. (the “Company”) on Form 10-Qfor the quarter ended September 30, 2006, as filed with the Securities and Exchange Commission onthe date hereof (the “Periodic Report”), I, Ronald L. Rubin, Vice President and Chief FinancialOfficer, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to section 906 of theSarbanes-Oxley Act of 2002, that: 1. the Periodic Report fully complies with the requirements of Section 13 (a) or15(d) of the Securities Exchange Act of 1934: and  2. the information contained in the Periodic Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.     Date:November 14, 2006 /s/ Ronald L. Rubin         Vice President and Chief Financial Officer    (principal financial and accounting officer)  
****