alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Alonzo McKINNEY, Plaintiff-Appellant, v. Linda L. RIANDA, Chief of Inmate Appeal Branch; et al., Defendants-Appellees.

No. 06-55196.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 20, 2007 *.

Filed Dec. 28, 2007.

Alonzo McKinney, Crescent City, CA, pro se.

Before: GOODWIN, WALLACE, and HAWKINS, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

California state prisoner Alonzo McKinney appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action with prejudice for failure to state a claim for relief. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915(e) for failure to state a claim. *Barren v. Harrington,*152 F.3d 1193, 1194 (9th Cir.l998) (order). We review for an abuse of discretion the district court’s decision to transfer venue pursuant to 28 U.S.C. § 1406(a). *786*King v. Russell,*968 F.2d 1301, 1304 (9th Cir.1992). We affirm.

The district court did not err in dismissing McKinney’s action for failure to state a claim where McKinney’s complaint failed to allege facts showing he suffered an injury when he was denied access to his legal papers during his transfer to a different facility. *See Sands v. Lewis,*886 F.2d 1166, 1171 (9th Cir.1989) (“An ‘actual injury’ consists of some specific ‘instance in which an inmate was actually denied access to the courts.’ ”). Moreover, McKinney was provided with an adequate post-deprivation remedy as his property was returned after his inmate grievance was granted. *See Barnett v. Centoni,*31 F.3d 813, 816 (9th Cir.1994) (holding “a negligent or intentional deprivation of a prisoner’s property fails to state a claim under section 1983” so long as an adequate post-deprivation remedy exists).

The district court in the Eastern District of California did not abuse its discretion in transferring the action to the Central District of California after determining that most of the defendants resided in and a substantial part of the events giving rise to McKinney’s claims occurred in the Central District. *See*28 U.S.C. § 1391(b).

McKinney’s remaining contentions are unpersuasive.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### Tommy BAILEY; Barbara Bailey; John Bowden; Cheryl Bowden; Richard Burrows; Wendy Burrows; Bradley Bynum; Rebecca Bynum; Mark Haggard; Roxan Haggard; Joseph Kaulfers; Karen Kaulfers; Mike Melton; Christopher Nause; Houston Neal; Mark Quinn; Jeffrey Shelton; Sandra Spadt; Thomas Spadt; Tony Thompson; Kristina Thompson; Gary Philyaw; Johnny Pilgrim; Lewis Sells; Gerald Wayne Smith; Ron Christopher Hudnall; Estate of Dennis Smith, Plaintiffs-Appellants v. LOCKHEED MARTIN CORPORATION; Lockheed Martin Aeronautical Systems Company, Defendants-Appellees.

No. 07-60399

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Jan. 17, 2008.

William E. Ready, Ready & Associates, Meridian, MS, C. Michael Quinn, Wiggins, Childs, Quinn & Pantazis, Birmingham, AL, for Plaintiffs-Appellants.

David L. Ayers, Watkins *&*Eager, Jackson, MS, Daniel E. Turner, Ashe Rafuse & Hill LLP, Atlanta, GA, for DefendantsAppellees.

Before KING, DAVIS and CLEMENT, Circuit Judges.

PER CURIAM: *

The plaintiffs appeal the district court's grant of summary judgment. This case arises from a workplace shooting by a deranged employee who went on a violent rampage at work, killing and wounding coworkers before turning the gun on himself. The case requires us to interpret Mississippi state workers’ compensation law and decide whether the plaintiffs’ state law tort claims are barred by the Mississippi workers’ compensation law’s exclusive remedy. However, we addressed this issue in *Tanks v. Lockheed Martin Corp.,*a case which arose from the same incident and is factually and legally indistinguishable from the case here. 417 F.3d 456 (5th Cir.2005). In *Tanks,*we disagreed with the district court’s interpretation of competing lines of Mississippi cases on the subject and reversed, holding that the assaults were exclusively compensable by state workers’ compensation law. *Id.*at 468. Therefore, for the reasons listed in *Tanks,*we AFFIRM the grant of summary judgment by the district court.

*

 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.
Exhibit 32.1

Certification of Principal Executive Officer Pursuant to 18 U.S.C. Section 1350 as Adopted Pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I,
Jeffrey W. Edwards, the President and Chief Executive Officer of Installed Building Products, Inc. (the Company), hereby certify, that, to my knowledge:



| | 1. | The Annual Report on Form 10-K of the Company for the year ended December 31, 2013 (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: March 28, 2014



|                                     
|-------------------------------------
|/s/ Jeffrey W. Edwards               
|Jeffrey W. Edwards                   
|President and Chief Executive Officer
|(Principal Executive Officer)
## In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06

- 21

- 00145

- CR

JOSHUA WADE BRIGGS , Appellant

V.
THE STATE OF TEXAS , Appellee

On Appeal from the 336th District Court Fannin County, Texas Trial Court No. CR

- 20

- 27901

Before Morriss, C.J., Stevens and van Cleef , JJ. Memorandum Opinion by Justice van Cleef2 

### ME MORANDUM OPINION
After th e jury returned a verdict finding Joshua Wade Briggs guilty of the first

- degree

felony offense of burglary of a habitation with the i ntent to commit a felony other than theft , 1 Briggs agreed to waive his right of appeal in exchange for a t wenty

- year sentence. Briggs signed a waiver stating that he “ [ w ] aiv[ed] the right to appeal to the Court of Appeals or Court of Criminal Appeals.” B riggs testified at the hearing on sentencing that he understoo d that the jury found him guilty and th at he understood the applicable sentencing range of five to ninety

- nine years or life in prison. Briggs further testified that he understood that , if a j u ry were to assess punishment, it could recommend community supervision if it imposed a sentence of ten years or
less. Briggs testified that he reached an agreement for twenty years in prison and that, in exchange, he would give up his right to appea l . Br iggs was informed of the full extent of his appellate rights and testified that he agreed to give up those rights. “A court of appeals lacks jurisdiction over and must dismiss an appeal when the defendant has validly waived his right of appea l.” Lopez v. State , 595 S.W.3d 897, 899 (Tex. App.

— Houston [14th Dist.] 2020, pet. ref’d) (citing Jones v. State , 488 S.W.3d 801 , 808 (Tex. Crim. App. 2016)); see also Freeman v. State , 913 S.W.2d 714 (Tex. App.

— Amarillo 1995, pet. ref’d). Further, pursu ant to Rule 25.2(d) of the Texas Rules of Appellate Procedure, this Court is required to dismiss an appeal if, as in this case, t he trial court’s certification indicates no right of appeal. See T EX

. R. A PP

. P. 25.2(d).

1 T EX

. P ENAL C ODE A NN

. § 30.02(d).3

We informed Briggs of this apparent defect in our jurisdiction over his appeal and afforded him an opportunity to respond and, if possible, cure such defect. Brigg s’ s response to our letter conceded that this Court does not have jurisdiction over this appeal. Briggs clearly waived his ri ght of appe a l, which deprives this Court of jurisdiction over this attempted appeal, and the trial court’s certification confirms Briggs’ s waiver of his rights. Because we find that we are without jurisdiction over this matter as a result of Briggs’ s waiv er of
the r igh t of appeal , we dismiss the appeal for want of jurisdiction.

Charles van Cleef Justice
Date Submitted: May 11 , 2022 Date Decided: May 12 , 2022
Do Not Publish
[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Page 43413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19606]


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

NATIONAL SCIENCE FOUNDATION


Advisory Committee for Cyberinfrastructure; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation (NSF) announces the 
following meeting:
    Name and Committee Code: Advisory Committee for Cyberinfrastructure 
(25150).
    Date and Time: November 1, 2017; 8:30 a.m.-5:00 p.m., November 2, 
2017; 8:30 a.m.-5:00 p.m.
    Place: National Science Foundation, 2415 Eisenhower Avenue, Room 
E3430, Alexandria, VA 22314.
    Type of Meeting: Open.
    Contact Person: Amy Friedlander, CISE, Division of Advanced 
Cyberinfrastructure, National Science Foundation, 2415 Eisenhower 
Avenue, Alexandria, VA 22314; Telephone: 703-292-8970.
    Minutes: May be obtained from the contact person listed above.
    Purpose of Meeting: To advise NSF on the impact of its policies, 
programs and activities in the ACI community. To provide advice to the 
Director/NSF on issues related to long-range planning.
    Agenda: Updates on NSF wide ACI activities.

    Dated: September 12, 2017.
Crystal Robinson,
Committee Management Officer.
[FR Doc. 2017-19606 Filed 9-14-17; 8:45 am]
 BILLING CODE 7555-01-P
<PAGE>
                                                                               .
                                                                               .
                                                                               .


                                                               EXHIBIT 11
                        COMPUTATION OF PER SHARE EARNINGS

<TABLE>
<CAPTION>
                               Three Months Ended    Six Months Ended
                                    June 30,              June 30,
                                2005       2004       2005       2004
                               ------     ------     ------     ------
                                (in thousands, except per share data)
<S>                            <C>        <C>        <C>        <C>
BASIC

Net Income                     $  830     $  106     $1,582     $  654
/ Weighted Average Shares       3,417      2,969      3,306      2,966
                               ------     ------     ------     ------

Basic Earnings Per Share       $ 0.24     $ 0.04     $ 0.48     $ 0.22
                               ======     ======     ======     ======


DILUTED

Net Income                     $  830     $  106     $1,582     $  654
/ Weighted Average Shares       3,510      3,043      3,396      3,039
                               ------     ------     ------     ------
Diluted Earnings Per Share     $ 0.24     $ 0.03     $ 0.47     $ 0.22
                               ======     ======     ======     ======
</TABLE>

Notes:
-    Weighted average shares outstanding have been adjusted to reflect the 5%
     stock dividend in June of 2005.


                                       34
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

June 26, 2007 Clifford W. Taylor,

 Chief Justice 

133470 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 133470 

 COA: 273451 

Wayne CC: 05-005982-01 

GORDON RANDLE DAVID, JR., 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the January 29, 2007 

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

persuaded that the questions presented should be reviewed by this Court. 

s0618 

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. 

June 26, 2007 

 Clerk
[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Notices]
[Page 43023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19530]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Board of Scientific Counselors, National Center for Environmental 
Health/Agency for Toxic Substances and Disease Registry (BSC, NCEH/
ATSDR); Cancellation of Meeting

    Notice is hereby given of a change in the meeting of the Board of 
Scientific Counselors, National Center for Environmental Health/Agency 
for Toxic Substances and Disease Registry (BSC, NCEH/ATSDR), September 
13, 2017 8:30 a.m.-4:30 p.m., EST; and September 14, 2017 8:30 a.m.-
11:30 a.m., EST, which was published in the Federal Register on July 
26, 2017, at 83 FR 34674.
    This meeting is being canceled in its entirety and this notice is 
being published on less than 15 days prior to the meeting date due to 
Hurricane Irma.
    For further information contact Amanda Malasky, BS, ORISE Fellow, 
CDC, 4770 Buford Highway, Atlanta, Georgia 30341-3717, telephone 770-
488-7699; <a href="/cdn-cgi/l/email-protection#30495f5f00705354531e575f46"><span class="__cf_email__" data-cfemail="5920363669193a3d3a773e362f">[email protected]</span></a>.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register notices pertaining to 
announcements of meetings and other committee management activities, 
for both the Centers for Disease Control and Prevention and the Agency 
for Toxic Substances and Disease Registry.

Elaine L. Baker,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention.
[FR Doc. 2017-19530 Filed 9-11-17; 4:15 pm]
 BILLING CODE 4163-18-P


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EXHIBIT 99.1

                            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 the Quarterly Report of Guardian International, Inc. (the
"Company") on Form 10-QSB for the period ending June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Harold
Ginsburg, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to ss.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.

/s/ Harold Ginsburg

Harold Ginsburg
Chief Executive Officer
August 13, 2002
## In The Court of Appeals Seventh District of Texas at Amarillo

No. 07 - 19 - 00244 - CR JOHN HERNANDEZ, APPELLANT

V. THE STATE OF TEXAS, APPELLEE On Appeal from the 47th District Court Potter County, Texas Trial Court No. 75,026 -

A - CR , Honorable Dan L. Schaap, Presiding 

### October 29 , 2019 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PIRTLE and PARKER , JJ. Appellant John Hernandez appeals his conviction for driving while intoxicated, enhanced, 1 and sentence to sixty years’ confinement. The appellate record was originally due August 19, 2019. The clerk’s record was filed by this deadline, but the reporter’s record was not. We subsequently granted the reporter, Ms. Dina W all, two extensions to file the reporter’s record. By letter of September 23, 2019, we admonished Ms. Wall that

1 T EX . P ENAL C ODE A NN . §§ 49.04, 49.09(b) (West Supp. 2018).2

failure to file the reporter’s record by October 18 could result in the appeal being abated and the cause remanded to the trial court for furth er proceedings without further notice. T he reporter’s record has not been filed to date, and Ms. Wall has not provided the Court with an y explanation for her failure to file the record. Accordingly, we abate the appeal and remand the cause to the trial co urt for further proceedings. See T EX . R. A PP . P. 35.3(c) , 37.3(a)(2) . On remand, the trial court shall determine the following: 1. what tasks remain to complete the filing of the reporter’s record ; 2 . why Ms. Wall has not completed the necessary tasks ; 3 . what amount of time is reasonably necessary for the completion of those tasks ; and 4 . whether Ms. Wall can complete the tasks within the time the trial court finds reasonable. Should the trial court determine that Ms. Wall will require more than thirty da ys to complete, certify, and file the reporter ’ s record, it shall arrange for a substitute reporter to do so. The trial court is directed to enter such orders necessary to address the aforementioned questions. So too shall it include its findings on thos e matters in a supplemental clerk’s record and cause that record to be filed with this C ourt by December 2 , 2019 . It is so ordered. Per Curiam Do not publish.
* Pursuant to 5 T H C IR

. 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 5 TH C IR . R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 96-60709

JERENE CASH, Petitioner,

versus

ARMY AIR FORCE EXCHANGE SERVICES (AAFES); DIRECTOR, OFFICE OF WORKER’S COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, Respondents.

Petition for Review of an Order of the

Benefits Review Board (95-0571)

August 8, 1997 ( )

Before REYNALDO G. GARZA, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PER CURIAM: *

AFFIRMED. See Local Rule 47.6.
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.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:

*Name and Committee Code:*                     Advisory Committee for Cyberinfrastructure (25150).                

*Date and Time:*                     November 1, 2017; 8:30 a.m.-5:00 p.m., November 2, 2017; 8:30 a.m.-5:00 p.m.                

*Place:*                     National Science Foundation, 2415 Eisenhower Avenue, Room E3430, Alexandria, VA 22314.                

*Type of Meeting:*                     Open.                

*Contact Person*: Amy Friedlander, CISE, Division of Advanced Cyberinfrastructure, National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314; Telephone: 703-292-8970.                

*Minutes:*                     May be obtained from the contact person listed above.                

*Purpose of Meeting:*                     To advise NSF on the impact of its policies, programs and activities in the ACI community. To provide advice to the Director/NSF on issues related to long-range planning.                

*Agenda:*                     Updates on NSF wide ACI activities.                

Dated: September 12, 2017.

Crystal Robinson,

Committee Management Officer.

[FR Doc. 2017-19606 Filed 9-14-17; 8:45 am]

 BILLING CODE 7555-01-P
**Exhibit 32.1**

**CERTIFICATIONPURSUANT TO18 U.S.C. § 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe Quarterly Report of Sirona Dental Systems, Inc. (the “Company”) on Form 10-Qfor the quarter ended March 31, 2007 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Jost Fischer, ChiefExecutive 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:

1.      TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

2.      The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.
| May 10, 2007 | /s/ JOST  FISCHER           |
|-------------------|-----------------------------|
|              | Jost Fischer                |
|              | *Chief Executive Officer*   |
|              | *(Chief Executive Officer)* |

 

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