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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 19-6393

MOMOLU V.S. SIRLEAF, JR.,

Plaintiff - Appellant,

v.

CORRECTIONAL OFFICER SCOTT, in his individual and official capacity,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Richmond. M. Hannah Lauck, District Judge. (3:18-cv-00583-MHL-RCY)

Submitted: September 12, 2019 Decided: September 19, 2019

Before GREGORY, Chief Judge, NIEMEYER, Circuit Judge, and SHEDD, Senior Circuit 

Judge.

Dismissed and remanded by unpublished per curiam opinion.

Momolu V.S. Sirleaf, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Momolu V.S. Sirleaf seeks to appeal the district court’s orders dismissing his civil 

action without prejudice and denying reconsideration. We may exercise jurisdiction only 

over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 

28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 

337 U.S. 541, 545-46 (1949). The orders that Sirleaf seeks to appeal are neither final orders

nor appealable interlocutory or collateral orders. See Goode v. Cent. Va. Legal Aid Soc’y, 

807 F.3d 619, 629-30 (4th Cir. 2015). Accordingly, we dismiss the appeal for lack of 

jurisdiction and remand the case to the district court with instructions to give Sirleaf 

another opportunity to either pay the initial filing fee or state under penalty of perjury that 

he does not have sufficient assets to pay such a fee. We dispense with oral argument 

because the facts and legal contentions are adequately presented in the materials before this 

court and argument would not aid the decisional process.

DISMISSED AND REMANDED
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<PAGE>
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<MULTIPLIER> 1,000
       
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<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-START>                             MAY-04-1997
<PERIOD-END>                               AUG-02-1997
<CASH>                                           6,928
<SECURITIES>                                     3,300
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                     25,262
<CURRENT-ASSETS>                                42,813
<PP&E>                                          55,881
<DEPRECIATION>                                  29,408
<TOTAL-ASSETS>                                  71,071
<CURRENT-LIABILITIES>                           15,353
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                      49,776
<TOTAL-LIABILITY-AND-EQUITY>                    71,071
<SALES>                                         26,850
<TOTAL-REVENUES>                                26,850
<CGS>                                           20,159
<TOTAL-COSTS>                                   20,159
<OTHER-EXPENSES>                                10,484
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 136
<INCOME-PRETAX>                                (3,816)
<INCOME-TAX>                                   (1,489)
<INCOME-CONTINUING>                            (2,327)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
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<EPS-PRIMARY>                                   (0.29)
<EPS-DILUTED>                                        0
        

</TABLE>
II 

114TH CONGRESS 

1ST SESSION S. 452 

To provide lethal weapons to the Government of Ukraine in order to defend 

itself against Russian-backed rebel separatists in eastern Ukraine. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 11, 2015 

Mr. INHOFE (for himself, Mr. PORTMAN, Mr. HATCH, Mr. ROBERTS, Mr. 

RUBIO, Mr. WICKER, Mr. MCCONNELL, Mr. SESSIONS, Mr. COTTON, Mr. 

BOOZMAN, Mr. TILLIS, Mr. THUNE, Mr. CRUZ, Mr. VITTER, Mrs. CAPITO, Mr. ROUNDS, and Mr. CORNYN) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

A BILL 

To provide lethal weapons to the Government of Ukraine 

in order to defend itself against Russian-backed rebel 

separatists in eastern Ukraine. 

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 ‘‘Defense of Ukraine 

5 Act of 2015’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•S 452 IS

1 SEC. 2. AUTHORIZATION TO PROVIDE LETHAL WEAPONS 

2 TO THE GOVERNMENT OF UKRAINE. 

3 The President is authorized to provide lethal weapons 

4 to the Government of Ukraine in order to defend itself 

5 against Russian-backed rebel separatists in eastern 

6 Ukraine. 

7 SEC. 3. REPORTS TO CONGRESS. 

8 (a) STRATEGY.—Not later than 15 days after the 

9 date of the enactment of this Act, the President shall sub10 mit to Congress a written report setting forth a com11 prehensive strategy of the United States to provide lethal 

12 weapons to the Government of Ukraine so that it may ef13 fectively defend itself from Russian-back rebel aggression. 

14 (b) IMPLEMENTATION OF STRATEGY.— 

15 (1) REPORTS REQUIRED.—Not later than 90 

16 days after submitting the report required under sub17 section (a), and every 90 days thereafter, the Presi18 dent shall submit to Congress a written report set19 ting forth a current comprehensive description and 

20 assessment of the implementation of the comprehen21 sive strategy set forth in the report required under 

22 such subsection. 

23 (2) UPDATES.—If the President makes a sub24 stantive change to the comprehensive strategy re25 quired under subsection (a), the President shall im26 mediately submit a written report to Congress that 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•S 452 IS

1 articulates the change, the reason for the change, 

2 and the effect of the change on the overall com3 prehensive strategy. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
EXHIBIT 32.2
 CFO CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350, AS ADDED BY SECTION 906 OF THE
SARBANES  OXLEY ACT OF 2002
   (i)
    
    the Form 10-Q fully complies with the requirements of section 13(a) or section
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and(ii)
    
    the information contained in the Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the Issuer.
  /s/ Robert CoppleRobert CoppleChief Financial OfficerSubscribed and sworn to before me this 6th day of May 2011./s/ Carol WaldmanName:
    Carol WaldmanTitle:
    Notary Public 06/07/12
[logo - American Funds(r)]
Capital Income Builder, Inc.
333 South Hope Street
Los Angeles, California 90071-1406
Phone (213) 486 9200




<PAGE>




                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



         JAMES B. LOVELACE,  Chairman and PEO, and SHERYL F. JOHNSON,  Treasurer
 of Capital Income  Builder,  Inc.,(the "Registrant"), each certify to the best
of his or her knowledge that:

1)       The Registrant's periodic report on Form N-CSR for the period ended
         April 30, 2004 (the "Form N-CSR") fully complies with the requirements
         of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as
         amended; and

2)       The information contained in the Form N-CSR fairly presents, in all
         material respects, the financial condition and results of operations of
         the Registrant.


Chief Executive Officer

CAPITAL INCOME BUILDER, INC.


/s/James B. Lovelace
James B. Lovelace, Chairman

Date: July 8, 2004


Chief Financial Officer
CAPITAL INCOME BUILDER, INC.
/s/ Sheryl F. Johnson
Sheryl F. Johnson, Treasurer
Date:  July 8, 2004


A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to CAPITAL INCOME BUILDER, INC. and
will be retained by CAPITAL INCOME BUILDER, INC. and furnished to the Securities
and Exchange Commission (the "Commission") or its staff upon request.

This certification is being furnished to the Commission solely pursuant to 18
U.S.C. Section 1350 and is not being filed as part of the Form N-CSR filed with
the Commission.
<TABLE> <S> <C>

<ARTICLE> 5
       
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<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         455,285
<SECURITIES>                                         0
<RECEIVABLES>                                8,261,340
<ALLOWANCES>                                  (146,000)
<INVENTORY>                                    354,391
<CURRENT-ASSETS>                            11,351,468
<PP&E>                                      14,228,913
<DEPRECIATION>                                       0 
<TOTAL-ASSETS>                              46,185,798
<CURRENT-LIABILITIES>                        4,549,006
<BONDS>                                     18,054,083
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        289
<COMMON>                                         6,149
<OTHER-SE>                                  23,576,271
<TOTAL-LIABILITY-AND-EQUITY>                46,185,798
<SALES>                                              0
<TOTAL-REVENUES>                            20,656,106
<CGS>                                       12,449,554
<TOTAL-COSTS>                                4,908,905
<OTHER-EXPENSES>                               975,621
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,360,947
<EPS-PRIMARY>                                      .21
<EPS-DILUTED>                                      .17
        

</TABLE>
**EXHIBIT
32.1**
 
 **Certification
By Chief Executive Officer 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 Frontier Oil Corporation (the “Company”) on
Form 10-K for the period ending December 31, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, James R. Gibbs,
Chairman of the Board, President and 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, to my knowledge, 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.
 
 /s/
James R. Gibbs
 James R.
Gibbs
 Chairman
of the Board, President and
 Chief
Executive Officer
 
 March 2,
2005
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 2 0 2 4

- 0276

_____________________________ S HAWN L OWRY ,
Petitioner
,

v.

S TATE OF F LORIDA , Respondent

.

_____________________________

Petition for Writ of Mandamus

— Original Jurisdiction

.

April 10, 2024

P ER C URIAM

. The Court dismisses the petition for writ of mandamus as moot. See Farrior v. State
, 343 So. 3d 159, 160 (Fla. 1st DCA 2022) (dismissing the petition for writ of mandamus as moot where the trial court had given the petitioner a ruling on the pending pleading below)

.
B ILBREY , M.K. T HOMAS , and N ORDBY , JJ., concur.2 _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Shawn Lowry , pro se, Petitioner

. Ashley Moody, Attorney General, and Trisha Meggs Pate, Bureau Chief, Tallahassee, for Respondent

.
<TABLE> <S> <C>


<ARTICLE>      5


<S>                             <C>
<PERIOD-TYPE>                            3-MOS
<FISCAL-YEAR-END>                        DEC-31-2000
<PERIOD-START>                           JAN-01-2000
<PERIOD-END>                             MAR-31-2000
<CASH>                                     1,435,661
<SECURITIES>                                       0
<RECEIVABLES>                                273,734
<ALLOWANCES>                                       0
<INVENTORY>                                  718,293
<CURRENT-ASSETS>                           2,526,320
<PP&E>                                    26,063,516
<DEPRECIATION>                            (7,842,277)
<TOTAL-ASSETS>                            24,931,651
<CURRENT-LIABILITIES>                      5,892,376
<BONDS>                                   11,811,599
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                    1,911
<COMMON>                                     455,898
<OTHER-SE>                                (2,615,139)
<TOTAL-LIABILITY-AND-EQUITY>              24,931,651
<SALES>                                    3,107,271
<TOTAL-REVENUES>                           3,107,271
<CGS>                                      1,038,835
<TOTAL-COSTS>                              3,286,065
<OTHER-EXPENSES>                                   0
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                           714,425
<INCOME-PRETAX>                           (1,796,043)
<INCOME-TAX>                                       0
<INCOME-CONTINUING>                       (1,796,043)
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                              (1,796,043)
<EPS-BASIC>                                    (0.04)
<EPS-DILUTED>                                  (0.04)



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

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                          31,901
<SECURITIES>                                         0
<RECEIVABLES>                                  106,621
<ALLOWANCES>                                         0
<INVENTORY>                                  4,672,389
<CURRENT-ASSETS>                             4,810,911
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               4,810,911
<CURRENT-LIABILITIES>                          286,619
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   4,524,292
<TOTAL-LIABILITY-AND-EQUITY>                 4,810,911
<SALES>                                          2,226
<TOTAL-REVENUES>                                 2,226
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  2,226
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,226
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### ASTON v. AMERICAN EXPORT LINES, Inc.

Civ. No. 65-3.

United States District Court S. D. New York.

May 16, 1951.

John M. Burke and Arnold B. Elkind, New York City, for plaintiff.

Haight, Deming, Gardner, Poor & Havens, New York City (Walter A. Darby, Jr., New York City, of counsel), for defendant.

WEINFELD, District Judge.

Plaintiff-administratrix served a notice to take depositions of the defendant American Export Lines, Inc., by the master, first mate, purser-pharmacist’s mate, and chief engineer of its vessel, S.S. Exchange, on which decedent met his death.

Defendant moves to vacate the notice upon the ground that a corporation may only be examined through its officers, directors or managing agents, and that none of these ship’s officers, with the exception of the master, comes within that classification.

A corporation may only be examined by an officer, director or managing agent. Moore’s Federal Practice, Second Edition, Vol. 4, p. 1035; Cohen v. Pennsylvania R. Co., D.C., 30 F.Supp. 419; Machinoimport v. Clark Equipment Co., D.C., 11 F.R.D. 55, 59. Although the statements of a master are binding upon the vessel’s owner, those of a chief mate are not. Naylor v. Isthmian S. S. Co., 2 Cir., 187 F.2d 538. It follows that the defendant may not be examined by lesser officers as its managing agents and the notice is defective in so far as plaintiff attempts to examine the corporation through these persons. However, plaintiff is entitled to obtain their depositions as witnesses and, therefore, the notice need not be vacated in its entirety.

The notice should be modified to recite that the first mate, purser-pharmacist’s mate and chief engineer are to be examined as witnesses. Their attendance may be secured by service of subpoenas. Mulligan v. Eastern S.S. Lines, D.C., 6 F.R.D. 601; Spaeth v. Warner Bros. Pic*443tures, Inc., D.C., 1 F.R.D. 729. In the event it develops they -are not available for subpoena service, other appropriate remedies are available.

The description of the persons sought to be examined conforms with the requirements of Rule 30(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. Settle order on notice.
#### AMERICAN SHIP BLDG. CO. v. KIRK.

Civil Action No. 9520.

United States District Court, W. D. Pennsylvania.

June 8, 1951.

Harold R. Schmidt, Roy Thomas Clark, Rose, Eichenauer & Rose, Pittsburgh, Pa., for plaintiff.

Tice F. Ryan, Jr., Bialas & Ryan, Pittsburgh, Pa., for defendant.

STEWART, District Judge.

The plaintiff filed this action claiming damages by reason of a breach of contract and of warranty on the part of the defendant. The case is before the court on *367defendant’s motion for a more definite complaint under Rule 12(e) of the Federal Rules of Civil Procedure, 28 U.S.C.

The requirements with respect to particularity of a complaint under the Federal Rules of Civil Procedure are clear. Rules 8(a) and 8(e) govern claims for relief and provide, in part, as follows:

> “(a) Claims for Relief. A pleading which sets forth a claim for relief, * * * shall contain * * * (2) a short and plain statement of the claim showing that the pleader is entitled to relief * * *.

> “(e) Pleading To Be Concise and Direct; * * * (1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required. * * * ”

A complaint which meets these requirements is sufficient except where, as provided in Rule 12(e), the pleading “ * * * is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading * * * ”. The theory of pleading under the Federal Rules of Civil Procedure has been stated by the courts on many occasions. The United States Court of Appeals for the Third Circuit, in Continental Collieries, Inc., v. Shober, Jr., 3 Cir., 1942, 130 F.2d 631, at page 635, expressed it as follows:

> “Under the Federal Rules of Civil Procedure the function of the complaint is to afford fair notice to the adversary of the nature and basis of the claim asserted and a general indication of the type of litigation involved. * * * Technicalities are no longer of their former importance, and a short statement which fairly gives notice of the nature of the claim is a sufficient compliance with the requirements of the rules.”

This case has been followed frequently by the courts and recently in the case of United States v. Kornfeld, M.D.Pa.1950, 9 F.R.D. 675.

It is the opinion of the Court that the complaint in this case satisfies the requirements of particularity and that it is sufficiently definite to enable the defendant to frame an answer. Further, an analysis of defendant’s motion shows that the information sought involves technicalities not required to be pleaded under the Federal Rules of Civil Procedure, and is either evidentiary in character or a matter of affirmative defense.
**Exhibit
      32.1**




**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER**


**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 Wilshire Enterprises, Inc. (the "Company")
      on Form 10-K for the year ended December 31, 2007 (the "Report"), I, S. Wilzig
      Izak, Chief Executive Officer of the Company, do hereby 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, 15 U.S.C. Section 78m(a) or 78o(d);
      and





(2)
      The
      information contained in the Report fairly presents, in all material respects,
      the consolidated financial condition and results of operations of the
      Company.





Dated:
      April 14, 2008


By:
            /s/
                S. Wilzig IzakS.
                Wilzig IzakChief
                Executive Officer