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this opinion should not be published and is not precedent except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

April 17, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40978

Conference Calendar

JOE VIDALES,

Plaintiff-Appellant,

versus

GREGORY W. ABBOTT, Texas Attorney General; DIRECTOR, TEXAS

DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS

DIVISION; MICHAEL P. MONDVILLE, TDCJ - Office of the General

Counsel,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:06-CV-40

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

Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.

PER CURIAM:*

Joe Vidales, Texas prisoner # 677120, appeals the district

court’s dismissal as frivolous of his 42 U.S.C. § 1983 suit in

which he alleged that his conviction and sentence were unlawful. 

A district court shall dismiss a case if it determines that the

case is frivolous or fails to state a claim upon which relief can

be granted. 28 U.S.C. § 1915(e)(2)(B). This court reviews the

dismissal of a prisoner’s complaint as frivolous for an abuse 
No. 06-40978

-2-

of discretion. Black v. Warren, 134 F.3d 732, 733 (5th Cir.

1998).

With the benefit of liberal construction, Vidales argues

that his complaint should not have been dismissed under Heck v.

Humphrey, 512 U.S. 477 (1994). He has not shown, however, that

his claims would not necessarily imply the invalidity of his

conviction. Therefore, the district court did not err. See

Heck, 512 U.S. at 486-87; Hamilton v. Lyons, 74 F.3d 99, 102 (5th

Cir. 1996).

Vidales’s appeal is without arguable merit and is dismissed

as frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir.

1983); 5TH CIR. R. 42.2. The district court’s dismissal of

Vidales’s complaint as frivolous and the dismissal of his appeal

as frivolous count as two strikes for purposes of 28 U.S.C.

§ 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th

Cir. 1996). We previously dismissed one of Vidales’s appeals as

frivolous in which the district court had also dismissed the

complaint as frivolous. See Vidales v. Lantern Square

Apartments, No. 96-20201 (5th Cir. June 25, 1996)(unpublished). 

As Vidales has accumulated at least four strikes, he is barred

from proceeding in forma pauperis in any civil action or appeal

filed while he is incarcerated or detained in any facility unless

he is under imminent danger of serious physical injury. See

§ 1915(g).

APPEAL DISMISSED; 28 U.S.C. § 1915(g) SANCTION IMPOSED; ALL

OUTSTANDING MOTIONS DENIED.
IN THE SUPREME COURT OF PENNSYLVANIA 

MIDDLE DISTRICT 

 COMMONWEALTH OF PENNSYLVANIA,     Respondent     v.   ALEX LEROY LOVEJOY,     Petitioner 

No. 111 MM 2015    

ORDER 

PER CURIAM 

AND NOW, this 29th day of September, 2015, the Petition for Leave to File 

Petition for Allowance of Appeal Nunc Pro Tunc is DENIED.
Exhibit
32.2
 
 
 
 
 CERTIFICATION
PURSUANT TO
 18 U.S.C.
SECTION 1350,
 AND
EXCHANGE ACT RULE 13a-14(b)
 
 In
connection with the accompanying Form 10-Q (the “Report”) of Express Scripts,
Inc. (the “Company”) for the period ended March 31, 2005, I, Edward Stiften,
Senior Vice President and Chief Financial Officer of the Company, certify, to
the best of my knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §
906 of the Sarbanes-Oxley Act of 2002, and Exchange Act Rule 13a-14(b)
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.
 
 
 
 BY: /s/
Edward
Stiften
 Edward
Stiften
 Senior
Vice President and Chief Financial Officer
 Express
Scripts, Inc.
 
 Date:  April 26,
2005
 
 A signed
original of this written statement required by Section 906 has been provided to
Express Scripts, Inc. and will be retained by Express Scripts, Inc. and
furnished to the Securities and Exchange Commission or its staff upon
request.
#### DURKIN v. JOHN HANCOCK MUTUAL LIFE INS. CO.

United States District Court S. D. New York.

Nov. 7, 1950.

See also, D.C., 92 F.Supp. 893,

*148Neuburger, Shapiro, Rabinowitz & Boudin, New York City (Leonard B. Boudin, New York City, of counsel), for plaintiff.

Oeland & Kuhn, New York City, and Lawrence B. Gilman, Boston, Mass. (Lawrence B. Gilman, Boston, Mass., and George W. Riley, New York City, of counsel), for defendant.

COXE, District Judge.

Motion to dismiss complaint denied. There can be no question as to the jurisdiction of this court, either over the parties or over the subject matter of the action. Section 301(a) of the Labor Management Relations Act, 1947, 29 U.S.C.A. § 185; American Fed. of Labor v. Western Union Telegraph Co., 6 Cir., 179 F.2d 535; Rule 17(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. The action is not a class action within the meaning of Rule 23. Nor can it be said that the complaint fails to state a claim upon which relief may be granted to the members of the Union. However, no attempt is made to state a claim upon which relief may be granted to plaintiff as a'n individual. He has, therefore, been improperly joined individually as a party plaintiff, especially if it be true, as defendant asserts, that he is not, and never has been, one of its employees. His individual name will be stricken from the summons and complaint. The allegation that the Union itself, as distinguished from its members, has sustained damage in the sum' of $500,000, must also be stricken, for no items of such damages are set forth, as required by Rule 9(g). Plaintiff will, however, be permitted to amend his complaint by alleging such items of special damage.
**Exhibit 31. 2****CERTIFICATIONS**I, Timothy W. Baker, certify that:1. I have reviewed this Quarterly Report on Form 10-Q of Cynosure, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  b) [Not Applicable];  c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  d) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter(the registrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.     Date:November 13, 2006 /s/ Timothy W. Baker         Timothy W. Baker    Executive Vice President, Chief Financial Officer and Treasurer
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT STEVEN JAY STANW

YC K, Pe titione r - Appe lla nt, v. C OM M ISSIONER

OF INTER

NAL REVENUE, R

e sponde n t - Appe lle e . No. 12-73136

Ta x C t. No. 533-07 M EM O R ANDUM *

Appe a l from

a De c ision of the Unite d Stat e s Tax C ourt Subm itte d July

26, 2016 * * B e fore : SC HR O EDER , C ANB Y, a n d C ALLAHAN, C irc uit Judge s. Ste ve n Ja y Sta nwy c k, a form e r attorne y , a

ppe a ls pro se from

the Tax C ourt’ s orde r de ny ing innoc e n t spousere lie f, and susta ining theC om m issione r of Inte rna l R e ve nue ’ s c olle c tion a c t ion for the y e a rs 1991, 1997, a

nd 1998. W e dism iss the a ppe a l a s m oot. 

# FIL ED AUG 04 2016 M OLLY C. DW Y ER, CLERK U . S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).B e c a

use the Inte rna l R e ve nue Se rvic e ha s writte n off the unpa id ba la nc e s of Stanwy c k’ s 1991, 1997, a nd 1998 ta

x lia bilitie s, a n d ha s re le a se d the re lat e d fe de ra l tax lie n, we dism iss thea ppe a l a s m oot. Se e DiGiorgio v. Le e ( In reDi Giorgio ), 134 F.3d 971, 974 (9th C ir. 1998) (“ To qua l ify for a djudic ation in fe de ra l c ourt, a n a c tua l c ontrove rsy

m u st be e xta

nt a t a ll sta ge s of re vie w, not m e re ly at the tim e the c om

p l a int is file d.” (c ita

tions a n d inte rna l quota

tion m arks om itte d )); c

f. Gre e ne -Thape d

i v . C omm’r , 126 T.C . 1, 8 (2006) (“ Ina sm uc h a s the propose d le vy is m o ot, pe titione r ha s no indepe nde nt ba s is to c ha lle nge the e x iste nc e or am ount of he r unde rly ing ta

x lia bility in this proc e e d ing.” ). W e ta ke judic ia l notic e of the doc um e nts a tta c he d to theC om

m issione r’ s m otion to dism

iss thea ppe a l a s m oot, file d on M arc h 18, 2014. Sta nwy c k’ s m otion to ta

ke judic ia l notic e , file d on Nove m be r 20, 2013, is denie d a s m oot. DISM I SSE D.

1 2 - 7 3 1 3 6 2
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

JOHN J. HLIS, AS BENEFICIARY AND

PERSONAL REP RESENTATIVE OF

THE ESTATE OF JOHN G. HLIS

, AND

AS TRUSTEE OF THE JUNE 25, 1992

TRUST AGREEMENT OF JOHN G.

HLIS AND JOYCE W. HLIS

,

Appellant,

v. Case No. 5D 22

- 2996

LT Case No

. 2020

- 12811

- PRDL

MARK J. HLIS AND STEPHEN G.

HLIS, BENEFICIARIES TO

D ECEDENT’S WILL AND TRUST

,

Appellee s

. /

Opinion filed March 24, 2023

Appeal from the Circuit Court

for Volusia County,

Kathryn D. Weston

, Judge.

John J. Hlis, Lut z, pro se.

Daniel K. Schaffner,

Clearwater

, for Appellee s

.

ON CONFESSION OF ERROR

PER CURIAM.

Appellant appeals the trial court’s final order dismissing the amended2

petition to determine beneficiary and shares. Appellees filed a confession of

error. We accept the confession of error, reverse the order

, and remand for

further proceedings.

REVERS ED AND REMANDED.

JAY, SOUD and BOATWRIGHT

, JJ., concur.
[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Notices]
[Pages 40135-40136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17975]


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

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management 
and Budget (OMB) for clearance the following proposal for collection of 
information under the provisions of the Paperwork Reduction Act (44 
U.S.C. Chapter 35).

[[Page 40136]]

    Agency: Bureau of Industry and Security, Commerce.
    Title: Competitive Enhancement Needs Assessment Survey Program.
    Form Number(s): N/A.
    OMB Control Number: 0694-0083.
    Type of Review: Regular submission.
    Estimated Total Annual Burden Hours: 2,400.
    Estimated Number of Respondents: 2,400.
    Estimated Time per Response: 1 hour.
    Needs and Uses: The information collected from this surveys will be 
used to assist small- and medium-sized firms in defense transition and 
in gaining access to advanced technologies and manufacturing processes 
available from Federal Laboratories. The goal is to improve regions of 
the country adversely affected by cutbacks in defense spending and 
military base closures.
    Affected Public: Business or other for-profit organizations.
    Frequency: On Occasion.
    Respondent's Obligation: Voluntary.
    This information collection request may be viewed at reginfo.gov 
http://www.reginfo.gov/public/. Follow the instructions to view 
Department of Commerce collections currently under review by OMB.
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to <a href="/cdn-cgi/l/email-protection#88c7c1dac9d7dbfdeae5e1fbfbe1e7e6c8e7e5eaa6ede7f8a6efe7fe"><span class="__cf_email__" data-cfemail="27686e7566787452454a4e54544e484967484a450942485709404851">[email protected]</span></a>.

Sheleen Dumas,
Departmental PRA Lead, Office of the Chief Information Officer.
[FR Doc. 2017-17975 Filed 8-23-17; 8:45 am]
 BILLING CODE 3510-33-P


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</html>
EXHIBIT 32.1


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 this Amendment No. 2 to the Annual Report of Braemar Hotels & Resorts Inc. (the “Company”) on Form 10-K for the fiscal year ended December 31, 2017, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Richard J. Stockton, Chief Executive 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 my knowledge:





|    |                                                                                                                                  
|--- | ---------------------------------------------------------------------------------------------------------------------------------
|(1) | The Report 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 Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: October 26, 2018





/s/RICHARD J. STOCKTONRichard J. StocktonPresident and Chief Executive Officer
II 

114TH CONGRESS 

1ST SESSION S. 550 

To clarify that funding for the standard setting body designated pursuant 

to section 19(b) of the Securities Act of 1933 is not subject to the sequester. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 24, 2015 

Mr. ENZI (for himself and Mr. MURPHY) introduced the following bill; which 

was read twice and referred to the Committee on the Budget 

A BILL 

To clarify that funding for the standard setting body designated pursuant to section 19(b) of the Securities Act 

of 1933 is not subject to the sequester. 

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

3 SECTION 1. CLARIFICATION. 

4 Section 251A of the Balanced Budget and Emer5 gency Deficit Control Act of 1985 (2 U.S.C. 901a) does 

6 not apply with respect to the funding of the standard set7 ting body designated pursuant to section 19(b) of the Se8 curities Act of 1933 (15 U.S.C. 77s(b)). 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS
IV 

108TH CONGRESS 

1ST SESSION H. RES. 348

Expressing the sense of the House of Representatives to raise the awareness 

of alopecia areata. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2003

Mr. RYAN of Ohio (for himself, Mr. TOWNS, Mr. KILDEE, Mr. ROSS, Mr. HINCHEY, Ms. WOOLSEY, and Mrs. CHRISTENSEN) submitted the following 

resolution; which was referred to the Committee on Government Reform 

RESOLUTION

Expressing the sense of the House of Representatives to 

raise the awareness of alopecia areata.

Whereas alopecia areata is a common autoimmune skin disease resulting in the loss of hair on the scalp and elsewhere on the body; 

Whereas alopecia areata is a common but very challenging 

and capricious disease affecting approximately 2 percent 

of the American population, amounting to more than 4.7 

million people in the United States; 

Whereas, with alopecia areata, the affected hair follicles are 

mistakenly attacked by a person’s immune system, resulting in the loss of hair; 

Whereas, although not life-threatening, alopecia areata is 

most certainly life-altering, and its sudden onset, recur-
2

•HRES 348 IH 

rent episodes, and unpredictable course have a serious effect on a person’s life and functional status at work, 

school, and everyday life; and 

Whereas because much of the public is not familiar with alopecia areata, the reaction of the public to the disease can 

have a profound psychological impact on the lives of 

those disrupted by this disease: Now, therefore, be it

1 Resolved, That it is the sense of the House of Rep2 resentatives that an appropriate week should be des3 ignated as National Alopecia Areata Awareness Week.

Æ
##### 



Exhibit 31.2
 Certification pursuant to Rule 13a-14(a) / Rule 15d-14(a),
promulgated under the Securities Exchange Act of 1934, as amended.
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Encysive Pharmaceuticals Inc.;
 2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report;
 3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;
 4.
    
    The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the




---



##### 



/s/ Richard A. Goeggel
 
 2
Butchers and meat cutters

Cut, trim, or prepare consumer-sized portions of meat for use or sale in 

retail establishments.

Cognitive and mental requirements

The qualifications that workers need to use judgment, make decisions, 

interact with others, and adapt to changes in jobs.

In 2023, more than basic people skills were required for 26.8 percent of 

butchers and meat cutters, and basic people skills were required for 

73.2 percent.

Table 1. Percentage of butchers and meat cutters with cognitive and mental requirements, 2023

Requirement Yes No

Pace: Pause control 16.8 83.2

Interaction with general public 96.4 3.6

Working around crowds <0.5 >99.5

Telework <0.5 >99.5

Work review: Supervising others 5.0 95.0

Work review: Presence of supervisor 84.1 15.9

Source: U.S. Bureau of Labor Statistics, Occupational Requirements Survey

Education, training, 

and experience 

requirements

The minimum level of 

formal education 

required, credentials 

necessary, on-the-job 

training, and prior work 

experience necessary 

for average 

performance in jobs.

In 2023, credentials 

were required for 35.8 

percent of butchers 

and meat cutters. Prior 

work experience was 

required for 61.3 

percent.

No minimum education 

was required for 52.8 percent of butchers and meat cutters and a high school diploma was required for 47.2 percent.
Occupational Requirements Survey ●www.bls.gov/ors ●orsinfo@bls.gov ●202.691.6199

Environmental conditions

The various tangible or concrete hazards 

or difficulties that are in the vicinity of 

where jobs’ critical tasks are performed.

In 2023, 13.3 percent of butchers and 

meat cutters were not exposed to 

extreme cold, and 97.1 percent were not 

exposed to extreme heat. Wetness was 

not present for 9.3 percent, greater than 

95 percent were not exposed to heavy 

vibrations, and 95.3 percent were not 

exposed to the outdoors.

Physical demands

Refer to the physical activities 

required to perform tasks in jobs. 

The presence and, in some cases, 

duration of these activities are 

published.

In 2023, reaching at or below the 

shoulder was required for greater 

than 95 percent of butchers and 

meat cutters and was not required 

for less than 5 percent.

Performing work in low postures was 

required for 91.1 percent of butchers 

and meat cutters and was not 

required for 8.9 percent.

On average, butchers and meat 

cutters spent 99.7 percent of the workday standing.

Table 2. Percentage of butchers and meat cutters with physical demands, 2023

Requirement Yes No

Choice of sitting or standing <10 >90

Driving <0.5 >99.5

Climbing structure-related ramps or stairs <5 >95

Source: U.S. Bureau of Labor Statistics, Occupational Requirements Survey