alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2014-1013.

#### State ex rel. Ascena Retail Group, Inc. v. Reynoldsburg.

In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus involving an expedited election matter.

Upon consideration of relators’ application for dismissal, it is ordered by the court that the application for dismissal is granted. Accordingly, this cause is dismissed.
#### Marilyn McCoy NORWOOD, Appellant, v. BOARD OF TRUSTEES OF UNIVERSITY OF ARKANSAS AT LITTLE ROCK, Appellee.

No. 10-3201.

United States Court of Appeals, Eighth Circuit.

Submitted: Jan. 26, 2011.

Filed: Feb. 10, 2011.

Marilyn McCoy Norwood, Little Rock, AR, pro se.

*987Jeffrey Alan Bell, University of Arkansas, Office of General Counsel, Little Rock, AR, for Appellee.

Before LOKEN, MURPHY, and COLLOTON, Circuit Judges.

[UNPUBLISHED]

PER CURIAM.

Marilyn Norwood appeals the district court’s128 U.S.C. § 1915(e)(2) dismissal of her disability-discrimination action. Upon careful de novo review, *see Moore v. Sims,*200 F.3d 1170, 1171 (8th Cir.2000) (per curiam), we conclude that dismissal was proper, *see Ashcroft v. Iqbal,*— U.S. -, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009); *Baribeau v. City of Minneapolis,*596 F.3d 465, 484 (8th Cir.2010). Accordingly, we affirm. *See*8th Cir. R. 47B. Norwood’s motion to expedite is denied as moot.

1

. The Honorable G. Thomas Eisele, United States District Judge for the Eastern District of Arkansas.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-1823

MARY KASOKA,

Petitioner,

versus

ALBERTO R. GONZALES, Attorney General of the

United States,

Respondent.

On Petition for Review of an Order of the Board of Immigration

Appeals. (A96-287-089)

Submitted: January 31, 2006 Decided: February 15, 2006

Before MOTZ, KING, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Bokwe G. Mofor, Silver Spring, Maryland, for Petitioner. Peter D.

Keisler, Assistant Attorney General, James A. Hunolt, Senior

Litigation Counsel, Andrew A. Steinberg, UNITED STATES DEPARTMENT

OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Mary Kasoka, a native and citizen of the Democratic

Republic of Congo, petitions for review of an order of the Board of

Immigration Appeals (Board) adopting and affirming the Immigration

Judge’s (IJ) order denying her applications for asylum, withholding

of removal, and protection under the Convention Against Torture

(CAT). Kasoka contends that she established eligibility for

asylum. As the IJ and Board concluded that the asylum application

was untimely, we find that consideration of Kasoka’s asylum claim

is barred. See 8 U.S.C. § 1158(a)(3) (2000).

Kasoka also challenges the finding that she failed to

qualify for withholding of removal and for protection under CAT.

“To qualify for withholding of removal, a petitioner must show that

he faces a clear probability of persecution because of his race,

religion, nationality, membership in a particular social group, or

political opinion.” Rusu v. INS, 296 F.3d 316, 324 n.13 (4th Cir.

2002) (citing INS v. Stevic, 467 U.S. 407, 430 (1984)). To qualify

for protection under the Convention Against Torture, a petitioner

bears the burden of demonstrating that “it is more likely than not

that he or she would be tortured if removed to the proposed country

of removal.” 8 C.F.R. § 1208.16(c)(2) (2005). Having conducted

our review, we conclude that substantial evidence supports the

finding that Kasoka failed to meet these standards.
- 3 -

We accordingly deny the petition for review. We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

PETITION DENIED
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                    
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                -                       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.                  

###### Judicial Conference of the United States

# AGENCY:

Judicial Conference of the United States, Advisory Committee on Rules of Civil Procedure.

# ACTION:

Notice of open meeting. 

# SUMMARY:

The Advisory Committee on Rules of Civil Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation.

# DATES:

April 23-24, 2001.

# TIME:

8:30 a.m. to 5 p.m.

# ADDRESSES:

Thurgood Marshall Federal Judiciary Building, Judicial Conference Center, One Columbus Circle, NE., Washington, DC.

# FOR FURTHER INFORMATION CONTACT:

John K. Rabiej, Chief, Rules Committee Support Office, Administrative Office of the United States Courts, Washington, DC 20544, telephone (202) 502-1820.

Dated: February 8, 2001.

John K. Rabiej,

Chief, Rules Committee Support Office.

[FR Doc. 01-3707 Filed 2-13-01; 8:45 am]

BILLING CODE 2210-55-M
Exhibit 10.1


 


RESOLUTIONS OF THE BOARD OF DIRECTORS


OF


YARDVILLE NATIONAL BANK


 


WHEREAS, the Yardville National Bank maintains the Second Amended and Restated Supplemental Executive Retirement Plan (the “SERP”) for the benefit of certain senior officers;


 


WHEREAS, the Board of Directors of the Bank has the authority to amend the SERP pursuant to Article 9 therein;


 


WHEREAS, the Board of Directors has determined that it is appropriate to make certain changes to the definition of “Final Average Compensation” as set forth therein;


 


NOW THEREFORE BE IT RESOLVED, that the definition of Final Average Compensation set forth in Section 1.14 of the SERP is amended by revising the second sentence thereof to read as follows, effective as of July 26, 2006:


 


“At any point in time, Final Average Earnings shall be computed to the date of determination by taking into account actual Considered Compensation during the current calendar year (with annualization of Considered Compensation for such year) and the five preceding calendar years; provided, however, that in the event that a Participant has been employed for less than the applicable measurement period, the Participant’s actual period of employment shall be used to determine his Final Average Earnings (with annualization of Considered Compensation for any period less than a complete calendar year during such period of employment).”


 


BE IT FURTHER RESOLVED, that the definition of Considered Compensation set forth in Section 1.9 of the SERP is amended by adding the following sentence to the end thereof, effective as of July 26, 2006.


 


“For purposes of establishing a Participant’s Considered Compensation for a specific calendar year, a cash bonus or similar cash incentive compensation shall be included in the calculation for the year to which such payment is attributable and not the year in which such payment is actually received by the Participant.  By way of example, but not limitation, a cash bonus paid with respect to 2006 but paid in 2007 shall be included in the Participant’s 2006 Considered Compensation.”


 


BE IT FURTHER RESOLVED, that, in all other respects, the provisions of the SERP are hereby ratified and confirmed.


 


 








 


 



SECRETARY’S CERTIFICATE


 


I, Daniel J. O’Donnell, Secretary of Yardville National Bank, do hereby certify that the above resolutions were unanimously adopted by the Board of Directors of Yardville National Bank, at a meeting duly held on July 26, 2006, at which meeting a quorum was at all times present and acting, and that said resolutions are in full force and effect.


 


 



	
             
 	
             
 
	
            Date:  July 26, 2006
 	
            By:       Daniel J. O’Donnell                

Daniel J. O’Donnell

Secretary
<PAGE>

                                                        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 the Technology Funding Venture Partners IV, An
Aggressive Growth Fund, L.P. (the Partnership) Quarterly Report on
Form 10-Q for the quarter ending March 31, 2004, as filed with the
Securities and Exchange Commission (the Report), I Charles, R. Kokesh,
President, Chief Executive Officer, Chief Financial Officer and
Chairman of Technology Funding Inc. and Managing General Partner of
Technology Funding Limited, certify, pursuant to 18 U.S.C. Section
1350, as added Section 906 of the Sarbanes-Oxley Act of 2002, that:

1. The Report fully complies with the requirements of Section
15(d) of the Securities Exchange Act of 1934; and

2. To my knowledge, the information contained in the Report
fairly presents, in all material respects, the financial
condition and results of operations of the Partnership as of
and for the period covered by the Report.


Date:  August 27, 2004  By:   /s/   Charles R. Kokesh
                               --------------------------------
                                     Charles R. Kokesh
                                     President, Chief Executive
                                     Officer, Chief Financial
                                     Officer and Chairman of
                                     Technology Funding Inc. and
                                     Managing General Partner of
                                     Technology Funding Limited

Technology Funding Partners IV, L.P.
(a Delaware limited partnership)

Page 1 of 1
Presidential Documents

Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Presidential Documents 9761

Proclamation 7407 of February 7, 2001

National Burn Awareness Week, 2001

By the President of the United States of America

A Proclamation

Burn injuries are a serious problem in the United States. Each year, over

3,000 people die and 16,000 are injured by fires that start in the home.

These fires cost the Nation over $18 billion. Tragically, children, the elderly,

and persons with disabilities are those most likely to become victims of

serious burns. Children are particularly vulnerable. Each year, about 800

children under the age of 15 die of fire-related causes and about 500 of

these deaths are to children under the age of 5 years. In fact, children

under age 5 have a death rate from fire more than twice the national

average.

All Americans can make their homes safer by making sure they have a

working smoke alarm. About 90 percent of U.S. households have smoke

alarms. However, a recent survey found that smoke alarms in 20 percent

of those households—about 16 million—were not working, mostly because

the battery was dead or missing. Those families who have not yet done

so should place a smoke alarm inside each sleeping room and on each

level of a multi- story home and make sure the alarms are tested monthly

and the batteries are replaced when necessary.

We should also learn what to do in the event of fire, including the ‘‘stop,

drop, and roll’’ maneuver that can help prevent serious burn injuries. Those

families that have not yet done so should make plans for escaping a house

fire—and every American family should review and practice the plan regularly.

The U.S. Consumer Product Safety Commission (CPSC) helps to keep children

and families safe from products that pose fire dangers. CPSC activities have

contributed to a decline in fires and fire deaths over the past several years.

For example, CPSC’s standard for child-resistant lighters has helped reduce

fire deaths from children playing with lighters by 43 percent since 1994.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States

of America, by virtue of the authority vested in me by the Constitution

and laws of the United States of America, do hereby proclaim February

4 through February 10, 2001, as National Burn Awareness Week. I call

upon all Americans to observe this week by participating in appropriate

ceremonies and activities and by learning how to prevent burn injuries,

especially to children.

9762 Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day

of February, in the year of our Lord two thousand one, and of the Independence of the United States of America the two hundred and twenty-fifth.

[FR Doc. 01–3589

Filed 2–8–01;11:50 am]

Billing code 3195–01–P
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* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________ No. 95-40403 Summary Calendar

__________________ SAMUEL JOHN MAJOR DAVIS, JR., Petitioner-Appellant,
versus U.S. PAROLE COMMISSION, Respondent-Appellee, and FEDERAL BUREAU OF PRISONS, Respondent.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas

USDC No. C-94-CV-312
- - - - - - - - - - December 19, 1995 Before JOLLY, JONES and STEWART, Circuit Judges. PER CURIAM: * Samuel John Major Davis, Jr., appeals from the district court's order denying his petition for a writ of habeas corpus. Davis argues that the Parole Commission violated its guidelines in delaying his parole hearings and in calculating his guideline range. He also argues that the district court erred in failingNo. 95-40403 -2- to require the respondent to respond to all his claims and in determining that 18 U.S.C. §§ 4205 and 4206 were not implicitly repealed by the Comprehensive Crime Control Act of 1984. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm for essentially the reasons given by the district court. Davis v. United States Parole Commission , No. C-94-312 (S.D. Tex. April 18, 1995). AFFIRMED.
**EXHIBIT32.2**

 

CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTEDPURSUANT TO

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

 

Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) ofSection 1350, Chapter 63 of Title 18, United States Code), the undersignedofficer of FirstCity Financial Corporation (the “Company”), does herebycertify, to such officer’s knowledge, that:

 

The QuarterlyReport on Form 10-Q for the quarter ended March 31, 2006 (the “Form 10-Q”) ofthe Company fully complies with the requirements of Section 13(a) or 15(d), asapplicable, of the Securities Exchange Act of 1934 and the informationcontained in the Form 10-Q fairly presents, in all material respects, thefinancial condition and results of operations of the Company as of, and for,the periods presented in the Form 10-Q.

 

 
| Date: May 10 , 2006 |   /s/  J. Bryan Baker |   |
|---------------------|---------------------------------|--------|
|                | J. Bryan Baker                  |
|                | *Chief  Financial Officer*      |

 

The foregoingcertification is being furnished as an exhibit to the Form 10-Q pursuant to Item601(b)(32) of Regulation S-K and Section 906 of the Sarbanes-Oxley Act of 2002(subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United StatesCode) and, accordingly, is not being filed as part of the Form 10-Q forpurposes of Section 18 of the Securities Exchange Act of 1934, as amended, andis not incorporated by reference into any filing of the Company, whether madebefore or after the date hereof, regardless of any general incorporationlanguage in such filing.

 

----
I 

117TH CONGRESS 

1ST SESSION H. R. 365 

To provide for the rescheduling of marijuana into schedule III of the 

Controlled Substances Act. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 19, 2021 

Mr. STEUBE introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

the Judiciary, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for the rescheduling of marijuana into schedule 

III of the Controlled Substances Act. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Marijuana 1-to-3 Act 

5 of 2021’’. 

6 SEC. 2. RESCHEDULING OF MARIJUANA. 

7 Notwithstanding section 201 and subsections (a) and 

8 (b) of section 202 of the Controlled Substances Act (21 

9 U.S.C. 811, 812) respecting the scheduling of controlled 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 365 IH

1 substances, the Attorney General of the United States 

2 shall, by order not later than 60 days after the date of 

3 enactment of this section, transfer marijuana (for pur4 poses of this Act given the same meaning given the term 

5 ‘‘marihuana’’ in section 102 of such Act) from schedule 

6 I of such Act to schedule III of such Act. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-1709

MORRISON MULLINS,

Petitioner,

versus

DIRECTOR, OFFICE OF WORKERS' COMPENSATION

PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,

Respondent.

On Petition for Review of an Order of the Benefits Review Board.

(93-167-BLA)

Submitted: December 5, 1995 Decided: April 12, 1996

Before WILKINSON, Chief Judge, NIEMEYER, Circuit Judge, and

PHILLIPS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Morrison Mullins, Petitioner Pro Se. Cathryn Celeste Helm,

Christian P. Barber, UNITED STATES DEPARTMENT OF LABOR, Washington,

D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks review of the Benefits Review Board's decision

and order affirming the administrative law judge's denial of black

lung benefits pursuant to 30 U.S.C.A. §§ 901-945 (West 1986 & Supp.

1995). Our review of the record discloses that the Board's decision

is based upon substantial evidence and is without reversible error.

Accordingly, we affirm on the reasoning of the Board. Mullins v.

Director of Workers' Compensation Programs, No. 93-167-BLA (B.R.B.

Feb. 27, 1995). We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

before the court and argument would not aid the decisional process.

AFFIRMED
Exhibit 32.1  CERTIFICATION OF PERIODIC REPORT PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  I, Burke Priest, Chief Financial Officer of Smartdata Corp (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to the best of my knowledge:  (1) the Quarterly Report on Form 10-Q of the Company for the fiscal quarter ended June 30, 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 78 o(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.  Date: January 6, 2010  /s/ Burke Priest Burke Priest Chief Executive Officer and Chief Financial Officer   A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act has been furnished to Smartdata Corp. and will be retained by Smartdata Corp and furnished to the Securities and Exchange Commission or its staff upon request.