alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Shawn Martin FINCH, Appellant.

No. 10-2786.

United States Court of Appeals, Third Circuit.

Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or Summary Action

Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 Nov. 24, 2010.

Opinion filed: Dec. 13, 2010.

Shawn Martin Finch, Johnstown, PA, pro se.

Before: AMBRO, CHAGARES and NYGAARD, Circuit Judges.

OPINION

PER CURIAM.

Appellant Shawn Martin Finch, proceeding *pro se,*appeals from the District Court’s dismissal of his civil action. For the reasons that follow, we will summarily affirm the judgment of the District Court.

Finch initiated the underlying action in the United States District Court for the Western District of Pennsylvania on June 3, 2010, by filing a motion for leave to proceed in forma pauperis (“IFP”). Attached to the motion was a one-page proposed complaint naming himself as the defendant and alleging that “unknown identity thieves” had violated his Sixth and Fourteenth Amendment rights by stealing money awarded to him in other legal actions.

The Court concluded that Finch had alleged insufficient facts to support his constitutional claims. Finch cited three appeals to this Court in support of his claim that he had been awarded damages in prior actions. However, all three of those appeals were dismissed without any damages being awarded. See C.A. Nos. 10-2262, 10-2263 & 10-2264. The Court explained that, as there was no indication from the complaint whether the alleged “identity thieves” were state actors, and no indication that any damages had ever been awarded to Finch, he failed to state a claim upon which relief could be granted. Accordingly, the Court dismissed the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B).1

For the reasons given by the District Court, we agree that Finch’s complaint failed to allege any actionable violation of his constitutional rights and that any amendment would be futile. *See Alston v. Parker,*363 F.3d 229, 235 (3d Cir.2004). Based on the foregoing, we conclude that this appeal presents no substantial question and, accordingly, will summarily affirm. *See*3d Cir. LAR 27.4; I.O.P. 10.6.

1

. The District Court also denied his motion for leave to proceed IFP as moot. As we have explained previously, leave to proceed IFP is based on a showing of indigence. *See Deutsch v. United States,*67 F.3d 1080, 1085 n. 5 (3d Cir.1995). Only after such leave has been granted should a complaint be dismissed as frivolous. *See id.*Rather than dismissing the motion for leave to proceed IFP as moot, the District Court should have granted it and then dismissed the complaint as frivolous.
#### UNITED STATES of America, Plaintiff-Appellee, v. Martin Vasquez HERNANDEZ, Defendant-Appellant.

No. 09-50627.

United States Court of Appeals, Ninth Circuit.

*123Submitted Nov. 16, 2010.*

Filed Nov. 19, 2010.

James Peter Melendres, Assistant U.S., Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Janice M. Deaton, Law Offices of Janice Deaton, San Diego, CA, for Defendant-Appellant.

Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.

*

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

MEMORANDUM **

Martin Vasquez Hernandez appeals from the 60-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Vasquez Hernandez contends that his sentence is substantively unreasonable because it is greater than necessary to accomplish the statutory purposes of sentencing when considered in light of the mitigating factors that he presented. In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, Vasquez Hernandez’s below-Guidelines sentence is substantively reasonable. *See Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); *United States v. Carty,*520 F.3d 984, 991-93 (9th Cir.2008) (en banc). Moreover, the district court did not proeedurally err. *See United States v. Ressam,*593 F.3d 1095, 1116 (9th Cir.2010); *see also Carty,*520 F.3d at 991-93.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
767 S.E.2d 202

#### The STATE, Petitioner, v. Diamon D. FRIPP, Respondent.

Appellate Case No. 2012-212201

No. 27472.

Supreme Court of South Carolina.

Heard Dec. 10, 2014.

Decided Dec. 23, 2014.

*94Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh and Senior Assistant Deputy Attorney General Salley W. Elliott, all of Columbia and Solicitor Isaac McDuffie Stone, III, of Beaufort, for Petitioner.

Jared Sullivan Newman, of Jared S. Newman, P.A., of Port Royal, for Respondent.

PER CURIAM.

We granted a writ of certiorari to review the Court of Appeals’ opinion in *State v. Fripp,*397 S.C. 455, 725 S.E.2d 136 (Ct.App.2012). We now dismiss the writ of certiorari as improvidently granted and further direct the Court of Appeals to depublish its opinion and assign the matter an unpublished opinion number. The above opinion shall no longer have any precedential effect.

DISMISSED AS IMPROVIDENTLY GRANTED.

TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, May 18, 2022. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, May 18, 2022 The Court of Appeals hereby passes the following order A22I0182. ROCKBRIDGE ENTERPRISE INC. v. CASSANDRA LYNCH.
Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this order. The Clerk of State Court is directed to include a copy of this order in the record transmitted to the Court of Appeals.
LC NUMBERS: 21C04998
<PAGE>   1

        EXHIBIT 12 -- COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
             (COMBINED WITH 50% OWNED UNCONSOLIDATED SUBSIDIARIES)

<Table>
<Caption>
                                                                   2001        2000
           SIX MONTHS ENDED JUNE 30 (In millions)                  -----       -----
<S>                                                                <C>         <C>
Income from continuing operations...........................       $  74       $  68
Add
  Interest..................................................          57          67
  Portion of rentals representative of interest factor......           7           8
  Income tax expense and other taxes on income..............          53          50
                                                                   -----       -----
     Earnings as defined....................................       $ 191       $ 193
                                                                   =====       =====
Interest....................................................       $  57       $  67
Interest capitalized........................................           2           3
Portion of rentals representative of interest factor........           7           8
                                                                   -----       -----
     Fixed charges as defined...............................       $  66       $  78
                                                                   =====       =====
Ratio of earnings to fixed charges..........................        2.89        2.47
                                                                   =====       =====
</Table>

                                        23
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM STATEMENT FOR THE 
THREE MONTHS ENDED MARCH 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEEMNTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                             475
<SECURITIES>                                         0
<RECEIVABLES>                                      290
<ALLOWANCES>                                        39
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   734
<PP&E>                                             192
<DEPRECIATION>                                      59
<TOTAL-ASSETS>                                     881
<CURRENT-LIABILITIES>                            1,580
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          4
<COMMON>                                            18
<OTHER-SE>                                       (729)
<TOTAL-LIABILITY-AND-EQUITY>                       881
<SALES>                                              0
<TOTAL-REVENUES>                                   250
<CGS>                                                0
<TOTAL-COSTS>                                      179
<OTHER-EXPENSES>                                   512
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 (1)
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (440)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (440)
<EPS-PRIMARY>                                    (.03)
<EPS-DILUTED>                                        0
        

</TABLE>
**EXHIBIT
      32.1**





**CERTIFICATIONS
      OF**


**CHIEF
      EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER**


**PURSUANT
      TO 18 U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





I,
      S.
      Kumar Chandrasekaran, certify, pursuant to 18 U.S.C. Section 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual
      Report of InSite Vision Incorporated on Form 10-K for the annual period ended
      December 31, 2006 fully complies with the requirements of Section 13(a) or
      15(d)
      of the Securities Exchange Act of 1934, as amended and that information
      contained in such Annual Report of InSite Vision Incorporated on Form 10-K
      fairly presents, in all material respects, the financial condition and results
      of operations of InSite Vision Incorporated.




By:
              /s/
                S. Kumar
                Chandrasekaran, Ph.D.Name:
              S.
                  Kumar Chandrasekaran, Ph.D.Title:
              Chief Executive
                OfficerDate:
              March 15,
                2007




I,
      S.
      Kumar Chandrasekaran, certify, pursuant to 18 U.S.C. Section 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual
      Report of InSite Vision Incorporated on Form 10-K for the annual period ended
      December 31, 2006 fully complies with the requirements of Section 13(a) or
      15(d)
      of the Securities Exchange Act of 1934, as amended and that information
      contained in such Annual Report of InSite Vision Incorporated on Form 10-K
      fairly presents, in all material respects, the financial condition and results
      of operations of InSite Vision Incorporated.


By:
                  /s/
                    S. Kumar
                    Chandrasekaran, Ph.D.Name:
                  S.
                      Kumar Chandrasekaran, Ph.D.Title:
                  Chief Financial
                    OfficerDate:
                  March 15,
                    2007


The
      signed originals of these two written statements required by Section 906 have
      been provided to the Registrant and will be retained by the Registrant and
      furnished to the Securities and Exchange Commission or its staff upon
      request.
[Federal Register Volume 66, Number 241 (Friday, December 14, 2001)]
[Notices]
[Page 64841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30875]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Deafness and Other Communications 
Disorders; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of 
the National Deafness and Other Communications Disorders Advisory 
Council.
    The meeting will be open to the public as indicated below, with 
attendance limited to space available. Individuals who plan to attend 
and need special assistance, such as sign language interpretation or 
other reasonable accommodations, should notify the Contact Person 
listed below in advance of the meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Deafness and Other Communication 
Disorders Advisory Council.
    Date: January 18, 2002.
    Open: 8:30 a.m. to 11:15 a.m.
    Agenda: Staff reports on divisional, programmatic, and special 
activities.
    Place: 31 Center Drive, Bldg. 31, Conf. Rm. 6, Bethesda, MD 
20892.
    Closed: 11:15 a.m. to Adjournment.
    Agenda: To review and evaluate grant applications.
    Place: 31 Center Drive, Bldg. 31, Conf. Rm. 6, Bethesda, MD 
20892.
    Contact Person: Craig A. Jordan, PhD, Chief, Scientific Review 
Branch, NIH/NIDCD/DER, Executive Plaza South, Room 400C, Bethesda, 
MD 20892-7180, 301-496-8683.
    In the interest of security, NIH has instituted stringent 
procedures for entrance into the building by non-government 
employees. Persons without a government I.D. will need to show a 
photo I.D. and sign-in at the security desk upon entering the 
building.
    Information is also available on the Institute's/Center's home 
page: www.nidcd.nih.gov/about/councils/ndcdac/ndcdac.htm, where an 
agenda and any additional information for the meeting will be posted 
when available.

(Catalogue of Federal Domestic Assistance Program Nos. 93.173, 
Biological Research Related to Deafness and Communicative Disorders, 
National Institutes of Health, HHS)

    Dated: December 5, 2001.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 01-30875 Filed 12-13-01; 8:45 am]
BILLING CODE 4140-01-M
103 A.3d 799

#### IN THE MATTER OF DALE S. ORLOVSKY, AN ATTORNEY AT LAW (ATTORNEY NO. 000271973).

December 12, 2014.

ORDER

The Disciplinary Review Board having filed with the Court its decision in DRB 13-357, concluding that as a matter of final discipline pursuant to *Rule*l:20-13(c), DALE S. ORLOVSKY of TOMS RIVER, who was admitted to the bar of this State in 1973, and who has been temporarily suspended from the practice of law since May 11, 2012, should be suspended from the practice of law for a retroactive period of two years based on his guilty plea in the United States District Court for the District of New Jersey to conspiracy to defraud the United States by conspiring to conceal *107income from the Internal Revenue Service (18 *U.S.C.A.*§ 371), conduct that violates *RPC*8.4(b) (criminal act that reflects adversely on a lawyer’s honesty, trustworthiness or fitness as a lawyer);

And good cause appearing;

It is ORDERED that DALE S. ORLOVSKY is suspended from the practice of law for a period of two years, effective May 11, 2012, and until the further Order of the Court; and it is further

ORDERED that the entire record of this matter be made a permanent part of respondent’s file as an attorney at law of this State; and it is further

ORDERED that respondent comply with *Rule*1:20-20 dealing with suspended attorneys; and it is further

ORDERED that pursuant to *Rule*l:20-20(e), respondent’s failure to comply with the Affidavit of Compliance requirement of *Rule*l:20-20(b)(15) may (1) preclude the Disciplinary Review Board from considering respondent’s petition for reinstatement for a period of up to six months from the date respondent files proof of compliance; (2) be found to constitute a violation of *RPC*8.1(b) and *RPC*8.4(c); and (3) provide a basis for an action for contempt pursuant to *Rule*1:10-2; and it is further

ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs and actual expenses incurred in the prosecution of this matter, as provided in *Rule*1:20-17.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule  contains  summary  financial  information  extracted  from Silgan
Corporation's Form 10-Q for the quarter ended March 31, 1996 and is qualified in
its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER>                                         1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-END>                                   MAR-31-1996
<CASH>                                               5,980
<SECURITIES>                                             0
<RECEIVABLES>                                       98,177
<ALLOWANCES>                                             0
<INVENTORY>                                        254,092
<CURRENT-ASSETS>                                   369,160
<PP&E>                                             491,177
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                     931,735
<CURRENT-LIABILITIES>                              288,475
<BONDS>                                            549,610
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                 0
<OTHER-SE>                                          19,937
<TOTAL-LIABILITY-AND-EQUITY>                       931,735
<SALES>                                            279,860
<TOTAL-REVENUES>                                   279,860
<CGS>                                              243,313
<TOTAL-COSTS>                                      243,313
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                  15,823
<INCOME-PRETAX>                                      8,077
<INCOME-TAX>                                         3,300
<INCOME-CONTINUING>                                  4,777
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                         4,777
<EPS-PRIMARY>                                            0
<EPS-DILUTED>                                            0
        

</TABLE>
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<PAGE>

Exhibit 32.2



                            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 annual report of American Oriental Bioengineering, Inc.
(the "Company") on Form 10-QSB/A for the period ended June 30, 2004 as filed
with the Commission on the date hereof (the "Report"), I, Yanchun Li, Chief
Financial 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
the best of my knowledge and belief:

(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/  Yanchun Li
    ------------------------------------
    YANCHUN LI
    CHIEF FINANCIAL OFFICER

DATED: APRIL 13, 2005