alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Dewayne ANDERSON, Plaintiff-Appellant v. Maxey CERLIANO, Unidentified Jennings; Lance Weatherall; Unknown Party, Warrant Officer, Defendants-Appellees.

No. 10-40436

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 12, 2011.

Dewayne Anderson, Amarillo, TX, pro se.

David Ryan Herring Iglesias, Robert Scott Davis, Esq., Flowers Davis, P.L.L.C., Tyler, TX, for Defendant-Appel-lee.

Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM: *

DeWayne Anderson, Texas prisoner # 1567655, sued three jail officials at the Gregg County Jail and an unnamed warrant officer under 42 U.S.C. § 1983 asserting claims of false imprisonment, improper issuance of a warrant, harassment, discrimination, and retaliation. The magistrate judge, presiding with the consent of the parties, dismissed the complaint under 28 U.S.C. § 1915A(b)(l), concluding that Anderson’s claims were frivolous and failed to state a claim upon which relief could be granted. She did, however, grant Anderson permission to appeal in forma pauperis (IFP).

Section 1915A(b)(l) provides for dismissal of a prisoner’s civil-rights complaint if it is “frivolous, malicious, or fails to state a claim upon which relief may be granted.” We review de novo the decision to dismiss a complaint on this basis, accepting the plaintiffs allegations as true. *Green v. Atkinson,*623 F.3d 278, 280 (5th Cir.2010).

Anderson’s rambling three-page brief to this court does not identify any flaw in the magistrate judge’s analysis. Anderson’s failure to point to specific errors puts him in the same position as if he had not appealed at all. *See Brinkmann v. Dallas Cnty. Deputy Sheriff Abner,*813 F.2d 744, 748 (5th Cir.1987). Although we liberally construe briefs filed by pro se litigants, even they must reasonably comply with Federal Rule of Appellate Procedure 28(a)(9), which requires that the appellant’s brief contain, among other things, an argument setting out his contentions and *477the reasons for them. *Yohey v. Collins,*985 F.2d 222, 224-25 (5th Cir.1993). Accordingly, we decline to revisit the magistrate judge’s decision. *See Brinkmann,*813 F.2d at 748.

Anderson’s appeal is frivolous, *see Howard v. King,*707 F.2d 215, 220 (5th Cir.1983), and is dismissed, 5th Cir. R. 42.2. The dismissal of this appeal as frivolous counts as a strike under 28 U.S.C. § 1915(g), as does the district court’s dismissal of the complaint. *See Adepegba v. Hammons,*103 F.3d 383, 387-88 (5th Cir.1996). We caution Anderson that if he accumulates three strikes, he will not be permitted to proceed IFP in any civil action or appeal filed while incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. *See*§ 1915(g).

APPEAL DISMISSED; SANCTION WARNING ISSUED.

*

 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.
Order entered October 2 , 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 18
- 01540
- CV STEVEN V. TIPPS, Appellant

V. PURPLE TREE, LLC, Appellee On Appeal from the County Cour t at Law No. 2

Dallas County, Texas Trial Court Cause No. CC
- 18
- 04540
- B



### O RDER Before the Court is appellant’s September 25, 2019 third motion to extend time to file appellant’s brief. Appellant’s motion is DENIED

.
/s/ LESLIE OSBORNE JUSTICE
Exhibit 23   


KPMG Peat Marwick LLP






                       CONSENT OF INDEPENDENT AUDITORS


The Board of Directors
Kahler Realty Corporation and Subsidiaries:


We consent to incorporation by reference in the Registration Statement of
Kahler Realty Corporation of our reports dated February 16, 1996, relating
to the consolidated balance sheets of Kahler Realty Corporation and
Subsidiaries as of December 31, 1995 and January 1, 1995, and the related
consolidated statements of operations, stockholders' equity, and cash flows
and related financial statements schedules for each of the years in the
three-year period ended December 31, 1995, which reports appear in the
annual report on Form 10-K of Kahler Realty Corporation and Subsidiaries
for the year ended December 31, 1995.


                                          KPMG PEAT MARWICK LLP   
                                        KPMG Peat Marwick LLP


Chicago, Illinois
February 16, 1996
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                           AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Quarterly Report On Form 10-QSB of Viva
International, Inc. for the Quarter Ended June 30, 2005, I, Robert J. Scott,
Chief Financial Officer of Viva International, Inc. hereby certify pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, to the best of my knowledge and belief, that:

     1.   Such Quarterly Report on Form 10-QSB for the period ended June 30,
          2005, 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 such Quarterly Report on Form 10-QSB for
          the period ended March 31, 2005, fairly presents, in all material
          respects, the financial condition and results of operations of Viva
          International, Inc.

Dated: November 21, 2005

VIVA INTERNATIONAL, INC.



/s/    Robert J. Scott
---------------------------
Robert J. Scott
Chief Financial Officer


/s/    Syed A. Hasan
---------------------------
Syed A. Hasan
Chief Executive Officer
Exhibit 32.1 Certification  Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002

                            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 Quick-Med  Technologies,  Inc. ("the
Company") on Form 10-QSB for the period ended March 31, 2005,  as filed with the
Securities and Exchange  Commission on the date hereof ("the Report"),  I, David
S. Lerner,  President and Principal Executive Officer, 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
            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.

Dated: May 16, 2005


/s/ David S. Lerner
-----------------------------------------
David S. Lerner
President and Principal Executive Officer
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Markus Ray Sneed, * From the 104th District

 Court of Taylor County,

 Trial Court No. 17745B.

Vs. No. 11-11-00251-CR * April 18, 2013

The State of Texas, * Opinion by McCall, J.

 (Panel consists of: Wright, C.J.,

 McCall, J., and Willson, J.)

This court has inspected the record in this cause and concludes that there is no error in 

the judgment below. Therefore, in accordance with this court’s opinion, the judgment of the 

trial court is in all things affirmed.
<PAGE>   1
                                   EXHIBIT 12

                       RATIO OF EARNINGS TO FIXED CHARGES

      The ratio of earnings to fixed charges for each of the years in the
five-year period ended December 31, 2000 is presented below. Ratio of Earnings
to Fixed Charges means the ratio of pretax income from continuing operations
(with certain adjustments described below) to the total of: (i) interest and
(ii) such portion of rental expense as can be demonstrated to be representative
of the interest factor in the particular case.

<TABLE>
<CAPTION>
                                                                             YEAR ENDED DECEMBER 31,
                                            ----------------------------------------------------------------------------------------
                                                 1996               1997               1998               1999              2000
                                                 ----               ----               ----               ----              ----
<S>                                         <C>                <C>                <C>                <C>               <C>
EARNINGS BEFORE FIXED CHARGES:

      Net Loss                              ($ 1,894,244)      ($ 1,840,210)      ($ 3,310,870)      $ 10,299,494      ($ 6,737,892)
      Add:   Interest Expense                  8,878,285          9,646,679         11,383,449         11,158,350        11,309,334
             Interest factor in rental
                  expense                        233,243            243,890            252,106            254,377           267,937
                                            ----------------------------------------------------------------------------------------

EARNINGS BEFORE FIXED CHARGES               $  7,217,284       $  8,050,359       $  8,324,685       $ 21,712,221      $  4,839,379
                                            ========================================================================================

FIXED CHARGES:

      Interest Expense                      $  8,878,285       $  9,646,679       $ 11,383,449       $ 11,158,350      $ 11,309,334
      Interest factor in rental expense          233,243            243,890            252,106            254,377           267,937
                                            ----------------------------------------------------------------------------------------

TOTAL FIXED CHARGES                         $  9,111,528       $  9,890,569       $ 11,635,555       $ 11,412,727      $ 11,577,271
                                            ========================================================================================

RATIO OF EARNINGS TO FIXED CHARGES                    --                 --                 --               1.9x                --

DEFICIENCY IN EARNINGS AVAILABLE TO

      COVER FIXED CHARGES                   $  1,894,244       $  1,840,210       $  3,310,870                 --      $  6,737,892
                                            ========================================================================================
</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5

<S>                                            <C>
<PERIOD-TYPE>                                12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          82,119
<SECURITIES>                                         0
<RECEIVABLES>                                   12,675
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               147,151
<PP&E>                                         156,792
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               6,002,671
<CURRENT-LIABILITIES>                        1,213,852
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        66,694
<OTHER-SE>                                   4,720,211
<TOTAL-LIABILITY-AND-EQUITY>                 6,002,671
<SALES>                                         28,118
<TOTAL-REVENUES>                                28,118
<CGS>                                           42,287
<TOTAL-COSTS>                                  933,404
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (905,286)
<INCOME-TAX>                                 (905,286)
<INCOME-CONTINUING>                          (905,286)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (905,286)
<EPS-BASIC>                                    (.07)
<EPS-DILUTED>                                    (.07)



</TABLE>
CERTIFICATIONS OF CEO PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT

Exhibit 31.1

                                 CERTIFICATIONS
I, John E. Rea, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of RG America, Inc.(the
"Registrant");

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 consolidated financial statements, and other
financial information included in this report, fairly present in all material
respects the consolidated 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 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)) for the Registrant and have:

a) Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;

b) Evaluated the effectiveness of the Registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

c) Disclosed in this report any change in the Registrant's internal control over
financial 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 has materially affected, or is reasonably likely to materially affect, the
Registrant's internal control over financial reporting; and

5. The Registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
Registrant's independent registered public accounting firm and the audit
committee of registrant's board of directors (or persons performing the
equivalent functions):

a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the Registrant's ability to record, process,
summarize and report financial information; and

b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.

August 24, 2005

/s/ John E. Rea
----------------------------
John E. Rea
Principal Executive Officer
[Federal Register Volume 82, Number 199 (Tuesday, October 17, 2017)]
[Notices]
[Page 48230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22591]


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

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


Sunshine Act Notice

October 13, 2017.

TIME AND DATE: 10:00 a.m., Thursday, October 26, 2017.

PLACE: The Richard V. Backley Hearing Room, Room 511N, 1331 
Pennsylvania Avenue NW., Washington, DC 20004 (enter from F Street 
entrance).

STATUS: Open.

MATTERS TO BE CONSIDERED: The Commission will consider and act upon the 
following in open session: Secretary of Labor on behalf of McGary et 
al. v. The Marshall County Coal Company et al., Docket Nos. WEVA 2015-
583-D et al. (Issues include whether the Judge erred in requiring the 
operators' Chief Executive Officer to personally read a prepared 
statement at the mines in question.)
    Any person attending this meeting who requires special 
accessibility features and/or auxiliary aids, such as sign language 
interpreters, must inform the Commission in advance of those needs. 
Subject to 29 CFR 2706.150(a)(3) and 2706.160(d).

CONTACT PERSON FOR MORE INFORMATION: Emogene Johnson (202) 434-9935/
(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free.

PHONE NUMBER FOR LISTENING TO MEETING: 1 (866) 867-4769, Passcode: 678-
100.

Sarah L. Stewart,
Deputy General Counsel.
[FR Doc. 2017-22591 Filed 10-13-17; 4:15 pm]
BILLING CODE 6735-01-P
111TH CONGRESS 

1ST SESSION H. R. 325 

AN ACT 

To amend the Reclamation Wastewater and Groundwater 

Study and Facilities Act to authorize the Secretary of 

the Interior to participate in the Avra/Black Wash Reclamation and Riparian Restoration Project. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 325 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Avra/Black Wash Rec3 lamation and Riparian Restoration Project’’. 

4 SEC. 2. PROJECT AUTHORIZATION. 

5 (a) IN GENERAL.—The Reclamation Wastewater and 

6 Groundwater Study and Facilities Act (Public Law 102– 

7 575, title XVI; 43 U.S.C. 390h et seq.) is amended by 

8 adding at the end the following: 

9 ‘‘SEC. 16ll. AVRA/BLACK WASH RECLAMATION AND RI10 PARIAN RESTORATION PROJECT, PIMA 

11 COUNTY, ARIZONA. 

12 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera13 tion with Pima County, Arizona, may participate in the 

14 planning, design, and construction of water recycling fa15 cilities and to enhance and restore riparian habitat in the 

16 Black Wash Sonoran Desert ecosystem in Avra Valley 

17 west of the metropolitan Pima County area. 

18 ‘‘(b) COST SHARING.—The Federal share of the cost 

19 of the project described in subsection (a) shall not exceed 

20 25 percent of the cost of the project. 

21 ‘‘(c) LIMITATION.—Federal funds provided under 

22 this section shall not be used for operation or maintenance 

23 of the project described in subsection (a). 

24 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

25 is authorized to be appropriated to carry out this section 

26 $14,000,000. 
3 

•HR 325 EH

1 ‘‘(e) USE OF FUNDS.—Federal funds provided under 

2 this section shall only be used for the design, planning 

3 and construction of water-related infrastructure.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 for Public Law 102–575 is amended by inserting after the 

6 last item relating to title XVI the following: 

‘‘Sec. 16ll. Avra/Black Wash Reclamation and Riparian Restoration Project, 

Pima County, Arizona.’’. 

Passed the House of Representatives June 2, 2009. 

Attest: 

Clerk. 
111TH CONGRESS 

1ST SESSION H. R. 325 

AN ACT 

To amend the Reclamation Wastewater and 

Restoration Project. the Avra/Black Wash Reclamation and Riparian ize the Secretary of the Interior to participate in Groundwater Study and Facilities Act to author-
1 The HONORABLE JOSEPH F. BATAI LLON, Chief Judge , United States District Court for the District of Nebraska. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 09-3409

___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * District of Nebraska. * Jeffrey Welker, * [UNPUBLISHED] * Appellant. *

___________ Submitted: June 18, 2010 Filed: June 25, 2010

___________ Before LOKEN, BYE, and SHEPHERD, Circuit Judges.

___________ PER CURIAM. Jeffrey Welker pleaded guilty to conspiri ng to distribute and possess with intent to distribute less than 50 grams of a mixture or substance containing methamphetamine, in violation of 21 U.S .C. §§ 841(a)(1), (b)(1)(C), 846, and 18 U.S.C. § 2, and to possessing a firearm in furtherance of drug trafficking, in violation of 18 U.S.C. §§ 924(c)(1)(A) and 2. He also pleaded guilty to two forfeiture counts, agreeing to forfeit cash and guns. In accordance with Welker’s written plea agreement, which the district court 1 accepted pursuant to Rule 11(c)(1)(C) of the-2- Federal Rules of Criminal Procedure, the court imposed prison terms of 84 months on the drug conspiracy count and 60 months on the gun count, to run consecutively, and 3- and 5-year concurrent terms of supervis ed release. On appeal, Welker’s counsel seeks leave to withdraw and has file d a brief under Ande rs v. California , 386 U.S. 738 (1967), in which he raises as an issue the reasonableness of the court’s sentence. Welker has filed a pro se supplemental brief. The written plea agreement in this case contains an appeal waiver, which we will enforce. Welker argues in his pro se brief that we should not enforce the waiver, because the district court’s plea colloquy was not comprehensive enough to ensure that he understood the appeal waiver and entered into it voluntarily. After careful review of the plea transcript in this case, we are satisfied that We lker entered into both the plea agreement and the appeal waiverknowingly and voluntarily, as demonstrated by his sworn responses to the district court’s questions during the change-of-plea hearing. See Blackledge v. Allison , 431 U.S. 63, 74 (1977). Further, the waiver covers the arguments raised in this appeal, and given that Welk er received the very sentence that he agreed to in his pl ea agreement, we see no miscarri age of justice in dismissing the appeal. See United States v. Andis , 333 F.3d 886, 889-92 (8 th Cir. 2003) (en banc). Finally, having reviewed the reco rd pursuant to Penson v. Ohio , 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal that are not covered by the appeal waiver. Accordingly, we dismiss this app eal, and we grant counsel leave to withdraw.

______________________________
Exhibit 32.1

CERTIFICATION OF
CHIEF EXECUTIVE OFFICER
OF ROSETTA STONE INC.
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 accompanying Annual Report on Form 10-K for the calendar year ended December 31, 2009
filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Tom P. H. Adams, Chief Executive Officer of Rosetta Stone Inc. (the "Company"), hereby
certify, to my knowledge, that:



Date: March 9, 2010

/s/ TOM P. H. ADAMS Tom P. H. Adams


---



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