alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### David R. WILSON, Plaintiff-Appellant v. Unknown ASHLEY, Registered Nurse, Third Floor Nurse; Alliance Health Center; Unknown Monica, Supervision Nurse Third Floor, Defendants-Appellees.

No. 10-60808

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 27, 2011.

David R. Wilson, Meridian, MS, pro se.

William Boswell Jacob, Sr., Esq., Self, Jacob & Kieronski, L.L.P., Meridian, MS, for Defendants-Appellees.

Before KING, BENAVIDES, and ELROD, Circuit Judges.

PER CURIAM: *

David R. Wilson filed the instant suit to seek redress after a nurse allegedly molested him while he was a patient at the defendant health care facility. We are now presented with both Wilson’s appeal from the dismissal of his suit for want of subject matter jurisdiction pursuant to the defendants’ Federal Rule of Civil Procedure 12(b)(1) motion and his motions for production of documents and a speedy trial. Our de novo review shows that Wilson has failed to carry his burden of establishing federal jurisdiction. *See Freeman v. United States,*556 F.3d 326, 334 (5th Cir. 2009); *Howery v. Allstate Ins. Co.,*243 F.3d 912, 916 (5th Cir.2001).

Consistent with his arguments in the district court, Wilson insists that jurisdiction is proper because he suffered sexual harassment in violation of 42 U.S.C. § 2000e. This argument is unavailing because the plain language of that statute shows that it is inapplicable in this case due, inter alia, to the relationship between Wilson and the defendants. *See*§ 2000e. To the extent Wilson contends that his claim concerning breach of contract with respect to a violation of a patient bill of rights confers federal jurisdiction, he is mistaken. *See Singh v. Duane Morris LLP,*538 F.3d 334, 337-38 (5th Cir.2008). We decline to consider Wilson’s arguments concerning various state law claims and diversity of citizenship because these claims were raised for the first time in his reply brief. *See United States v. Jimenez,*509 F.3d 682, 693 n. 10 (5th Cir.2007).

The judgment of the district court is AFFIRMED. All outstanding motions are DENIED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Rules and Regulations]
[Page 48609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22696]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / 
Rules and Regulations

[[Page 48609]]



NATIONAL CAPITAL PLANNING COMMISSION

1 CFR Part 601


National Environmental Policy Act Regulations; Correction

AGENCY: National Capital Planning Commission.

ACTION: Final rule; correction.

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

SUMMARY: The National Capital Planning Commission (NCPC or Commission) 
is correcting a final rule that appeared in the Federal Register on 
September 29, 2017. The document issued New National Environmental 
Policy Act Regulations.

DATES: Effective October 30, 2017.

FOR FURTHER INFORMATION CONTACT: Anne R. Schuyler, General Counsel and 
Chief FOIA Officer, 202-482-7223, <a href="/cdn-cgi/l/email-protection#ef8e81818ac19c8c879a96838a9daf818c9f8cc1888099"><span class="__cf_email__" data-cfemail="99f8f7f7fcb7eafaf1ece0f5fcebd9f7fae9fab7fef6ef">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In FR Doc. 2017-20614 appearing on page 
45421 in the Federal Register on Friday, September 29, 2017, the 
following corrections are made:

PART 601--AUTHORITY [CORRECTED]

0
1. On page 45424, in the third column, below the table of contents for 
part 601, the authority citation is corrected to read: ``Authority: 42 
U.S.C. 4371; 40 CFR 1507.3.''

    Dated: October 16, 2017.
Anne R. Schuyler,
General Counsel.
[FR Doc. 2017-22696 Filed 10-18-17; 8:45 am]
 BILLING CODE 7520-01-P


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#### The People of the State of New York, Respondent, v Derek McIver, Appellant.

[666 NYS2d 183]

—Judgment, Supreme Court, New York County (Thomas Galligan, J.), rendered November 18, 1994, convicting defendant, after a nonjury trial, of rape in the first degree (three counts), sodomy in the first degree (three counts), attempted rape in the first degree, sexual abuse in the first degree (three counts), and endangering the welfare of a child, and sentencing him to, *inter alia,*three consecutive terms of 3Vs to 10 years concurrent with three concurrent terms of 3Vs to 10 years, unanimously affirmed.

The court properly admitted evidence of alleged abuse of the complainant during the period from July 1, 1993 to February 4, 1994, as relevant to the charged crime of endangering the welfare of a child during that period (Penal Law § 260.10 [1]). In addition, the court properly admitted evidence of uncharged crimes after defendant opened the door to such evidence by eliciting from the complainant, on cross-examination, that she *181had first reported defendant’s conduct to a family member at a time prior to the crimes charged in the indictment, and by raising a credibility issue through questioning as to why the complainant and other family members had failed to protest and promptly report the charged crimes *(see, People v Melendez,*55 NY2d 445, 451; *People v Mendez,*221 AD2d 162, *lv denied*87 NY2d 923).

Defendant failed to preserve his current claims regarding various comments made by the prosecutor in summation and we decline to review them in the interest of justice. Were we to review, we would find defendant’s contentions to be without merit *(see, People v Marks,*6 NY2d 67, *cert denied*362 US 912). Concur—Ellerin, J. P., Wallach, Mazzarelli, Andrias and Colabella, JJ.
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

April 15, 2005

Mr. Chris A. Brisack

Norquest & Brisack, L.L.P.

4900 N. 10th Street,  Bldg. #A-2

McAllen, TX 78504-2830

Mr. David T. Bright

Watts Law Firm, L.L.P.

555 North Carancahua, Suite 1400

Corpus Christi, TX 78748-0801

Honorable Leticia Lopez

389th District Court

100 N. Closner, 2nd Floor

Edinburg, TX 78539

RE:Case Number:  04-0182

Court of Appeals Number:  13-04-00083-CV

Trial Court Number:  C-2559-02-H

Style:IN RE  ADVANCEPCS HEALTH L.P.,  ADVANCEPCS A/K/A ADVANCEPCS, INC., PCS HEALTH SYSTEMS, INC., AND ADVANCEPCS HEALTH SYSTEMS, L.L.C.

Dear Counsel:

Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus as redrafted.  The Supreme Court of Texas delivered the enclosed per curiam opinion in the above-referenced cause.  (Justice Johnson not sitting)

Sincerely,

Andrew Weber, Clerk

by Claudia Jenks, Chief Deputy Clerk

Enclosure

**Case No. 04-0182Page 1**
[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Notices]
[Page 48123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22506]



[[Page 48123]]

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

NATIONAL CREDIT UNION ADMINISTRATION


Sunshine Act: Notice of Agency Meeting

TIME AND DATE: 10:00 a.m., Thursday, October 19, 2017.

PLACE: Board Room, 7th Floor, Room 7047, 1775 Duke Street (All visitors 
must use Diagonal Road Entrance), Alexandria, VA 22314-3428.

STATUS: Open.

MATTERS TO BE CONSIDERED: 
    1. Share Insurance Fund Quarterly Report.
    2. Request for Information, Electronic Loan, Deposit, and 
Investment Data Collection.
    3. NCUA Rules and Regulations, Capital Planning and Supervisory 
Stress Testing.
    4. NCUA Rules and Regulations, Appeals Procedures.
    5. NCUA Rules and Regulations, Supervisory Review Committee.


RECESS: 11:30 a.m.

TIME AND DATE: 11:45 a.m., Thursday, October 19, 2017.

PLACE: Board Room, 7th Floor, Room 7047, 1775 Duke Street, Alexandria, 
VA 22314-3428.

STATUS: Closed.

MATTERS TO BE CONSIDERED: 
    1. Supervisory Action. Closed pursuant to Exemptions (8), 
(9)(i)(B), and (9)(ii).

FOR FURTHER INFORMATION CONTACT: Gerard Poliquin, Secretary of the 
Board, Telephone: 703-518-6304.

Gerard Poliquin,
Secretary of the Board.
[FR Doc. 2017-22506 Filed 10-12-17; 4:15 pm]
 BILLING CODE 7535-01-P
EXHIBIT 32: Rule 13a-14(b) Certification   The undersigned officer certifies that this report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, and that the information contained in the report fairly presents, in all material respects, the financial condition and results of operations of Maui General Store, Inc.  A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to Maui General Store, Inc. and will be retained by Maui General Store, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.  March 29, 2007 /s/ Richard H. Miller Richard H. Miller (Chief Executive Officer and Chief Financial Officer)
Exhibit Number 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 the Quarterly Report of Great Western Bancorporation, Inc. (Great Western) on Form 10-Q for the nine month period ended March 31, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Deryl F. Hamann, Chief Executive Officer of Great Western, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



|(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 operation of Great Western.
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------



|                                    
|------------------------------------
|/s/ Deryl F. Hamann                 
|Deryl F. Hamann,                    
|Chairman and Chief Executive Officer
<PAGE>   1



                                   EXHIBIT 23


The Board of Directors
PVF Capital Corp:


We consent to incorporation by reference in the registration statements (No.
33-97450 and No. 33-86116) on Form S-8 of PVF Capital Corp. of our report dated
July 16, 1998, relating to the consolidated statements of financial condition of
PVF Capital Corp. and subsidiaries as of June 30, 1998 and 1997, and the related
consolidated statements of operations, stockholders' equity, and cash flows for
each of the years in the three-year period ended June 30, 1998 which report
appears in the June 30, 1998 Annual Report on Form 10-K of PVF Capital Corp.



/s/ KPMG Peat Marwick LLP


Cleveland, Ohio
September 23, 1998
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3305 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 3305

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2009

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT

 
To designate the Federal building and United States courthouse located 
 at 224 South Boulder Avenue in Tulsa, Oklahoma, as the ``H. Dale Cook 
            Federal Building and United States Courthouse''.

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

SECTION 1. DESIGNATION.

    The Federal building and United States courthouse located at 224 
South Boulder Avenue in Tulsa, Oklahoma, shall be known and designated 
as the ``H. Dale Cook Federal Building and United States Courthouse''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the Federal building and United States 
courthouse referred to in section 1 shall be deemed to be a reference 
to the ``H. Dale Cook Federal Building and United States Courthouse''.

            Passed the House of Representatives November 17, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```
EXHIBIT 31.1 - SECTION 302 CERTIFICATION

                             CERTIFICATION

I, Kenneth A. McCullum, certify that:

1.   I have reviewed this report on Form 10-K and all reports on Form
     10-D required to be filed in respect of the period covered by this
     report on Form 10-K of Hartford Life Global Funding Trust 2006-012
     (the "Exchange Act periodic reports");

2.   Based on my knowledge, the Exchange Act periodic reports, taken as a
     whole, do not contain any untrue statement of a material fact or omit
     to state a material fact necessary in order 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, all of the distribution, servicing and other
     information required to be provided under Form 10-D for the period
     covered by this report is included in the Exchange Act periodic
     reports;

4.   Based on my knowledge and the servicer compliance statement required
     in this report under Item 1123 of Regulation AB, and except as
     disclosed in the Exchange Act periodic reports, the servicer has
     fulfilled its obligations under the servicing agreement in all material
     respects;

5.   All of the reports on assessment of compliance with servicing criteria
     for asset-backed securities and their related attestation reports on
     assessment of compliance with servicing criteria for asset-backed
     securities required to be included in this report in accordance with
     Item 1122 of Regulation AB and Exchange Act Rule 13a-18 and 15d-18 have
     been included as an exhibit to this report, except as otherwise
     disclosed in this report. Any material instances of noncompliance
     described in such reports have been disclosed in this report on Form
     10-K.

In giving the certification above, I have reasonably relied on information
provided to me by the following unaffiliated parties:

            JP Morgan Chase Bank, N.A. and its officers and agents

Date:  August 29, 2006


/s/ Kenneth A. McCullum


Kenneth A. McCullum
Senior Vice President & Actuary
Hartford Life Insurance Company, as depositor
EXHIBIT 18.1




November 6, 2007


Board of Directors:
AMCON Distributing Company and Subsidiaries
7405 Irvington Road
Omaha, NE 68122


Re:  Form 10-K Report for the year ended September 30, 2007

Directors:

This letter is written to meet the requirements of Regulation S-K
calling for a letter from a registrant's independent accountants
whenever there has been a change in accounting principle.

According to the management of the Company, this change in inventory
methods from the last-in, first-out ("LIFO") method to the first-in,
first-out ("FIFO") is preferable because it provides a more meaningful
presentation of the Company's financial position as it values
inventory in a manner which more closely approximates current or
replacement costs; FIFO inventory values better represent the
underlying commercial substance of selling the oldest products first;
and more accurately reflects realized periodic income. The LIFO
reserve was approximately $6,390,000 as of June 30, 2007, prior to the
change which represents approximately 21% of total gross inventory.

A complete coordinated set of financial and reporting standards for
determining the preferability of accounting principles among
acceptable alternative principles has not been established by the
accounting profession. Thus, we cannot make an objective determination
of whether the change in accounting described in the preceding
paragraph is to a preferable method. However, we have reviewed the
pertinent factors, including those related to financial reporting, in
this particular case on a subjective basis, and our opinion stated
below is based on our determination made in this manner.

We are of the opinion that the Company's change in method of
accounting is to an acceptable alternative method of accounting,
which, based upon the reasons stated for the change and our
discussions with you, is also preferable under the circumstances in
this particular case. In arriving at this opinion, we have relied on
the business judgment and business planning of your management.

Very Truly Yours,

/s/ McGladrey & Pullen LLP
Omaha, Nebraska
#### The People of the State of New York, Respondent, v Taiwan Lee, Appellant.

[987 NYS2d 855]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Walsh, J.), rendered July 17, 2012, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with *Anders v California*(386 US 738 [1967]), in which he moves for leave to withdraw as counsel for the appellant.

Ordered that the judgment is affirmed.

We are satisfied with the sufficiency of the brief filed by the defendant’s assigned counsel pursuant to *Anders v California*(386 US 738 [1967]), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is, therefore, granted *(see Anders v California,*386 US 738 [1967]; *Matter of Giovanni S. [Jasmin A.],*89 AD3d 252 [2011]; *People v Paige,*54 AD2d 631 [1976]; *cf. People v Gonzalez,*47 NY2d 606 [1979]).

Skelos, J.E, Leventhal, Cohen, LaSalle and Barros, JJ., concur.
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Notices]
[Pages 48541-48542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22585]


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

POSTAL SERVICE


Product Change--Priority Mail Express Negotiated Service 
Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of notice required under 39 U.S.C. 3642(d)(1): October 18, 
2017.

FOR FURTHER INFORMATION CONTACT: Elizabeth A. Reed, 202-268-3179.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
October 13, 2017, it filed with the Postal Regulatory Commission a 
Request of the United

[[Page 48542]]

States Postal Service to Add Priority Mail Express Contract 51 to 
Competitive Product List. Documents are available at www.prc.gov, 
Docket Nos. MC2018-10, CP2018-17.

Elizabeth A. Reed,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2017-22585 Filed 10-17-17; 8:45 am]
 BILLING CODE 7710-12-P
| (1) | the      annual report on Form 10-K of the Company for the period ended March 31,      2009 (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. 78m or 78o(d));      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 26, 2009 | /s/      Sean E. Menke                    |
|--------------------------|-------------------------------------------|
|                     | Sean      E. Menke                        |
|                     | President      and Chief ExecutiveOfficer |

----