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this opinion should not be published and is not precedent except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.

United States Court of Appeals

Fifth Circuit

FILED

September 20, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-10503

Summary Calendar

 

EDWARD MORRIS HARRIS,

Petitioner-Appellant,

versus

K.J. WENDT, Warden, Seagoville

Federal Detention Center,

Respondent-Appellee.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:04-CV-582-R

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

Before DAVIS, SMITH, and DENNIS, Circuit Judges.

PER CURIAM:*

Edward Morris Harris, federal prisoner # 31832-086, appeals

the district court’s order denying his 28 U.S.C. § 2241 habeas

petition seeking his release from incarceration based on the

district court’s finding that he acted in contempt of the

district court’s order. Harris argues that the district court

erred in failing to consider his objections to the magistrate

judge’s report and recommendation and in determining that it had

jurisdiction to hold him in contempt of court. 
No. 04-10503

-2-

Assuming that the district court did not review the

objections to the magistrate judge’s recommendation, the failure

to do so was not reversible error because Harris is making legal

arguments or arguments that were addressed in prior proceedings

he filed challenging his incarceration for contempt. Thus, the

district court’s independent and de novo review of the petition

was not reversible error. See Smith v. Collins, 964 F.2d 483,

485 (5th Cir. 1992). 

Insofar as Harris argues that the district court lacked

jurisdiction to issue the order of contempt, this argument was

rejected by this court in Harris’ prior habeas action challenging

his incarceration for contempt. See SEC v. Resource Development.

Int’l L.L.C., No. 02-11397 (5th Cir. Dec. 23, 2003). Harris has

failed to show that he is unable to comply with the district

court’s order to disclose the assets of Jade Asset Management to

the receiver. He has simply refused to do so. Thus, the

district court did not abuse its discretion in refusing to

release Harris from incarceration based on the contempt order. 

See Int’l Union, United Mine Workers of America v. Bagwell, 512

U.S. 821, 828 (1994). The judgment of the district court denying

the habeas petition is AFFIRMED.

Harris’ motion for an expedited appeal is DENIED as moot.
EXHIBIT 32.1



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


     In connection with the Quarterly Report of IntegraMed America, Inc. (the
     "Company") on Form 10-Q for the period ended March 31, 2004 as filed
     with the Securities and Exchange Commission on the date hereof (the
     "Report"), I, Gerardo Canet, Chief Executive Officer of the Company,
     certify, pursuant to 18 U.S.C. /s/ 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 results of operations
            of the Company.



                                                 /s/Gerardo Canet
                                                    ----------------------------
                                                    Gerardo Canet
                                                    Chief Executive Officer
                                                    May 14, 2004



Note: A signed original of this written statement required by Section 906, or
any other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to the Company and
will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.
**Exhibit 32.2****CERTIFICATION OF CHIEF FINANCIAL OFFICER****Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)**     The undersigned executive officer of Anchor BanCorp Wisconsin, Inc. (the “Registrant”) herebycertifies that the Registrant’s Form 10-Q for the three months ended June 30, 2005 fully complieswith the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that theinformation contained therein fairly presents, in all material respects, the financial conditionand results of operations of the Registrant.              /s/ Michael W. Helser   Michael W. Helser, Treasurer and   Chief Financial Officer   August 8, 2005**Note:**A signed original of this written statement required by Section 906 of theSarbanes-Oxley Act of 2002 has been provided to Anchor BanCorp Wisconsin, Inc. and will be retainedby Anchor BanCorp Wisconsin, Inc. and furnished to the Securities and Exchange Commission or itsstaff upon request.
39
| (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. |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                             | By:                        | /s/ George      Paz                                                     |   |
|----------------------------------|----------------------------|------------------------------------------------------------------------------|--------|
|                             |                       | George      Paz                                          |
|                             |                       | Chairman,      President and Chief Executive Officer     |
|                             | Express      Scripts, Inc. |
|                             |
| Date:       October 30,2008 |
First Amendment to Lease



 Exhibit 10.16 
 FIRST AMENDMENT TO LEASE 
 THIS FIRST AMENDMENT (“Amendment”) is made effective as
of August 1, 2008, by and between Sam-Cher Holdings, Inc. (“Lessor”) and Vision Direct Inc., successor to International Vision Direct, Inc. and International Vision Direct Corp. (“Lessee”) to the Standard Industrial Lease
dated May 2, 2003 by and between the parties (the “Lease”). Capitalized terms used but not defined herein have the meanings ascribed to them in the Lease. 
 WHEREAS, Lessee provided timely written notice to Lessor of its intent not to renew the Lease on the expiration of the current term on its current terms and conditions and the parties agreed at that time to amend
certain of the terms and conditions of the Lease; 
 WHEREAS, the parties now desire to extend the term of the Lease and otherwise modify the Lease as set
forth herein; 
 NOW, THEREFORE, the parties hereto, in consideration of the mutual promises and covenants contained herein and in the Lease and for
other good and valuable consideration receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, agree as follows: 
  

	1.	Section 3 of the Lease is hereby amended and restated in its entirety as follows: 

 “3. Term. 
 3.1. Term. The term of this Lease will be on a month-to-month basis, commencing on August 1, 2008. 
 3.2. Termination. The Lessee will each have the right to terminate the Lease on sixty (60) days’ written notice to the other party.” 
  

	2.	Section 4.1 of the Lease is hereby amended and restated in its entirety as follows: 

 “4.1 Base Rent. Lessee will pay Lessor, as Base Rent for the Premises, without any offset or deduction, except as may be
otherwise expressly provided in this Lease, on the First day of each month of the term hereof, monthly payments in advance of $9,240.00.” 
  

	3.	Section 9.4(a) is hereby amended to delete the phrases “Subject to paragraph 9.4(b),” and “during the last six months of”. 

  

	4.	Section 9.4(b) is hereby deleted in its entirety. 

  

	5.	Section 15 is hereby deleted in its entirety. 









	6.	Section 39 is hereby deleted in its entirety. 

  

	7.	Section 49 is hereby deleted in its entirety. 

  

	8.	Except as expressly modified herein, the terms and conditions of the Lease will remain unchanged and in full force and effect. 

 IN WITNESS WHEREOF, the parties have entered into this Amendment as of this 9th day of May, 2008. 
  

									
	VISION DIRECT INC.	 		 	SAM-CHER HOLDINGS, INC.
					
	By:	 	 	 		 	By:	 	 
					
	Name:	 	 	 		 	Name:	 	 
					
	Title:	 	 	 		 	Title:
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE  CONTAINS SUMMARY  CONSOLIDATION  INFORMATION  EXTRACTED FROM FORM
10-QSB AT JUNE 30, 2000 AND IS  QUALIFIED  IN ITS  ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                      DEC-31-2000
<PERIOD-END>                           Jun-30-2000
<CASH>                                      73,236
<SECURITIES>                                     0
<RECEIVABLES>                            4,076,793
<ALLOWANCES>                               144,418
<INVENTORY>                              8,522,607
<CURRENT-ASSETS>                        12,538,082
<PP&E>                                  13,904,641
<DEPRECIATION>                           3,310,969
<TOTAL-ASSETS>                          28,901,848
<CURRENT-LIABILITIES>                   19,087,643
<BONDS>                                          0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                     1,329
<OTHER-SE>                               4,184,005
<TOTAL-LIABILITY-AND-EQUITY>            28,901,848
<SALES>                                 10,300,906
<TOTAL-REVENUES>                        10,300,906
<CGS>                                    9,074,568
<TOTAL-COSTS>                            3,457,621
<OTHER-EXPENSES>                                 0
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                       1,049,812
<INCOME-PRETAX>                         (3,281,095)
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                     (3,281,095)
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                            (3,281,095)
<EPS-BASIC>                                  (2.51)
<EPS-DILUTED>                                (2.51)



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

<PAGE>

<ARTICLE> 5

<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999             DEC-31-1998
<PERIOD-START>                             JAN-01-1999             JAN-01-1998
<PERIOD-END>                               DEC-31-1999             DEC-31-1998
<CASH>                                         789,000               2,575,000
<SECURITIES>                                         0                       0
<RECEIVABLES>                                1,072,000                 992,000
<ALLOWANCES>                                         0                       0
<INVENTORY>                                  1,327,000               1,576,000
<CURRENT-ASSETS>                             3,225,000               5,401,000
<PP&E>                                         808,000               2,817,000
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                               5,184,000              11,168,000
<CURRENT-LIABILITIES>                        2,301,000               2,371,000
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                     10,000                  12,000
<COMMON>                                         8,000                   8,000
<OTHER-SE>                                   2,671,000               7,164,000
<TOTAL-LIABILITY-AND-EQUITY>                 5,184,000              11,168,000
<SALES>                                      7,165,000               5,147,000
<TOTAL-REVENUES>                             7,165,000               5,147,000
<CGS>                                        5,889,000               4,214,000
<TOTAL-COSTS>                                5,889,000               4,214,000
<OTHER-EXPENSES>                             5,686,000               7,929,000
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                              57,000                 165,000
<INCOME-PRETAX>                            (4,447,000)             (7,129,000)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                        (4,447,000)             (7,129,000)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                               (4,447,000)             (7,129,000)
<EPS-BASIC>                                      (.56)                  (1.02)
<EPS-DILUTED>                                    (.56)                  (1.02)


</TABLE>
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, 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.

 September 4, 2019

izm

Order 

Clerk

September 4, 2019

160181(21)

MARVIN BELSER,

Plaintiff-Appellant, 

v SC: 160181

CoA: 349705

VONDA R. EVANS and DANIELLE Ct of Claims: 2018-000149-NM

HAGAMAN-CLARK,

Defendants-Appellees.

______________________________________/

On order of the Chief Justice, the motion to waive fees is considered and it is 

DENIED because MCL 600.2963 requires that a prisoner pursuing a civil action be liable 

for filing fees.

Appellant is not required to pay an initial partial fee. However, for this application 

to proceed, within 21 days of the date of this order, appellant shall submit a copy of 

this order and refile the copy of the pleadings returned with this order. By doing this, 

appellant becomes responsible to pay the $375.00 filing fee. Failure to comply with this 

order shall result in the dismissal of this application.

If appellant timely refiles the pleadings, monthly payments shall be made to the 

Department of Corrections in the amount of 50 percent of the deposits made to appellant’s 

account until the payments equal the balance due of $375.00. This amount shall then be 

remitted to this Court.

Pursuant to MCL 600.2963(8), appellant shall not file a new civil action or appeal 

in this Court until the entry fee in this case is paid in full. 

The Clerk of the Court shall furnish two copies of this order to appellant and return 

a copy of appellant’s pleadings with this order.
**Exhibit
      32.2**





**CERTIFICATION
      OF CHIEF FINANCIAL 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, 2006 (the "Report"), I, Francis
      J.
      Elenio, Chief Financial 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:





(1)
      The
      Report fully complies with the requirements of Section 13(a) or Section 15(d)
      of
      the Securities Exchange Act of 1934, 15 U.S.C Section 78(a) or 78o(d); and





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





Dated:
      April 30, 2007




By:
            /s/
              Francis J. ElenioFrancis
              J. ElenioChief
              Financial Officer
EXHIBIT 21

              SUBSIDIARIES AND JOINT VENTURE OF THE COMPANY


As of March 31, 2003, the Company owned a majority to 100% of the
following securities of the following subsidiaries and Joint Venture:

                                 Percentage
                                 of Voting
                                 Securities        Charter/Joint Venture
Subsidiary and Joint Venture       Owned            Place         Date
----------------------------     ----------       -----------------------
Homespan Realty Co., Inc.
("Homespan")                       100.0          Wisconsin    02/12/1959
Mineral San Sebastian,
S.A. de C.V. ("Misanse")            52.0          El Salvador  05/08/1960
Ecomm Group Inc. ("Ecomm")         100.0          Wisconsin    06/24/1974
San Luis Estates, Inc. ("SLE")     100.0          Colorado     11/09/1970
San Sebastian Gold Mines, Inc.
("Sanseb")                          82.5          Nevada       09/04/1968
Universal Developers, Inc.
("UDI")                            100.0          Wisconsin    09/28/1964
Commerce/Sanseb Joint Venture
("Joint Venture")                   90.0          Wisconsin    09/22/1987
                                                  El Salvador
#### RUSS v. BALTIMORE & O. R. CO.

Civ. No. 27904.

United States District Court N. D. Ohio, E. D.

Feb. 20, 1951.

*299Parker Fulton, Charles A. Baker, Cleveland, Ohio, Edward Lane Williams, Youngstown, Ohio, for plaintiff.

Baker, Hostetler & Patterson and Dwight B. Buss, all of Cleveland, Ohio, for defendant.

JONES, Chief Judge.

Motion for a more definite statement.

Plaintiff in the complaint merely states that while her decedent was engaged in his regular employment as a fireman he was caused to fall beneath the wheels of defendant’s locomotive, because of defendant’s negligence.

This statement of the accident conforms to the requirement of a short and plain statement of the claim as found in Fed. Rules Civ.Proc. rule 8, 28 U.S.C.A. If defendant feels it cannot properly deny such an allegation, it may state that it is without knowledge or information sufficient to form a belief as to the truth of the averment, and such statement will have the effect of a denial. Any information desired then can be obtained by use of the discovery rules.

Motion denied.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                       3,276,243
<SECURITIES>                                         0
<RECEIVABLES>                               11,887,753
<ALLOWANCES>                                   967,249
<INVENTORY>                                          0
<CURRENT-ASSETS>                            19,843,705
<PP&E>                                      33,671,164
<DEPRECIATION>                              25,221,894
<TOTAL-ASSETS>                              45,719,642
<CURRENT-LIABILITIES>                       20,650,752
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        100
<COMMON>                                       177,123
<OTHER-SE>                                  24,679,925
<TOTAL-LIABILITY-AND-EQUITY>                45,719,642
<SALES>                                      1,811,053
<TOTAL-REVENUES>                            10,055,291
<CGS>                                        3,573,702
<TOTAL-COSTS>                                3,573,702
<OTHER-EXPENSES>                             9,006,072
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              87,753
<INCOME-PRETAX>                             (2,612,236)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         (2,612,236)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (2,612,236)
<EPS-PRIMARY>                                     (.15)
<EPS-DILUTED>                                     (.15)
        

</TABLE>
##### 



EXHIBIT 32.1 CEO CERTIFICATION
PURSUANT TO SECTION 906 OF THE
SARBANES  OXLEY ACT OF 2002 This certification is provided pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002 and accompanies the quarterly report on Form 10-Q (the Form 10-Q)
for the quarter ended June 30, 2004 of Cinemark USA, Inc. (the Issuer). I, Lee Roy Mitchell, the Chief Executive Officer of Issuer certify that to the
best of my knowledge:  (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. Dated: August 5, 2004 /s/Lee Roy Mitchell 
   Subscribed and sworn to before me this 5th day of August 2004. /s/ Carol Waldman 
 
 My commission expires: 06/07/08 A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to
the Securities and Exchange Commission or its staff upon request.