alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Clifton Delmar JACKSON, Plaintiff-Appellant v. Detective SMITH; Jeff D. Kelly; Amadeo Ortiz, Defendants-Appellees.

No. 13-50906.

United States Court of Appeals, Fifth Circuit.

May 7, 2014.

Clifton Delmar Jackson, Huntsville, TX, pro se.

*255Before KING, DAVIS, and ELROD, Circuit Judges.

PER CURIAM: *

Clifton Delmar Jackson, Texas prisoner # 1729942, moves for leave to proceed in forma pauperis (IFP) to appeal the district court’s dismissal of his 42 U.S.C. § 1983 complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) as frivolous and for failure to state a claim upon which relief can be granted. By moving to proceed IFP, Jackson is challenging the district court’s certification that his appeal is not taken in good faith. *See Baugh v. Taylor,*117 F.3d 197, 202 (5th Cir.1997).

Jackson asserted that the defendants had failed to comply with a state court order that certain seized property be returned to him. However, none of the arguments in his IFP motion address the district court’s conclusion that there has been no deprivation of due process if a meaningful state remedy for the loss of property is available. *See Hudson v. Palmer,*468 U.S. 517, 533, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984); *Brewster v. Dretke,*587 F.3d 764, 768 (5th Cir.2009). Jackson does contest the district court’s finding that his appointed attorney, Jeff Kelly, was not a state actor for purposes of § 1983 liability. The district court correctly found that Kelly was not a state actor and that claims of legal malpractice may not be brought in a § 1983 proceeding. *See Polk County v. Dodson,*454 U.S. 312, 324-25, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981); *O'Brien v. Colbath,*465 F.2d 358, 359 (5th Cir.1972).

For these reasons, Jackson has not shown that his appeal involves any arguably meritorious issue. His motion to proceed IFP is denied. *See Howard v. King,*707 F.2d 215, 220 (5th Cir.1983). Because the appeal is frivolous, it is dismissed. *See Baugh,*117 F.3d at 202 n. 24; 5th Cir. R. 42.2.

The district court’s dismissal of Jackson’s § 1983 complaint and our dismissal of this appeal as frivolous both count as strikes for purposes of § 1915(g). *See Adepegba v. Hammons,*103 F.3d 383, 385-87 (5th Cir.1996). Jackson is cautioned that if he accumulates three strikes under § 1915(g), he may not proceed IFP in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. *See*§ 1915(g).

MOTION TO PROCEED IFP DENIED; APPEAL DISMISSED AS FRIVOLOUS; 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.
2009-1474.

#### State v. Hazel.

Franklin App. Nos. 08AP-1002 and 08AP-1003, 2009-Ohio-2144.
#### UNITED STATES of America, Plaintiff-Appellee, v. Jose de Jesus GARCIA, Also Known as Jose Jesus Garcia, Also Known as Jose Garcia, Defendant-Appellant.

No. 09-50826

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Jan. 26, 2011.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

Bernie Martinez, Esq., Law Office of Bernie Martinez, San Antonio, TX, for Defendant-Appellant.

Jose De Jesus Garcia, Beaumont, TX, pro se.

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Jose de Jesus Garcia has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Garcia has not filed a response.

We do not enforce Garcia’s appeal waiver in light of the district court’s failure to admonish him adequately of its conse*866quences. Nevertheless, our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. *See*5th Cir. R. 42.2.

*

 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.
**Exhibit3.6**

**CERTIFICATEOF AMENDMENTTO THERESTATED CERTIFICATE OF INCORPORATIONOFKFX INC.**

Pursuant to Section 242 of the Delaware GeneralCorporation Law, William G. Laughlin hereby certifies that:

1.             Heis the Vice President, General Counsel and Secretary of KFx Inc., a Delawarecorporation (the “Corporation”).

2.             Ata meeting of the Board of Directors of the Corporation held on September 19,2006, at which a quorum was present and acted throughout, resolutions were dulyadopted setting forth an amendment to the Restated Certificate of Incorporationof the Corporation in the form attached hereto as *Exhibit A*(the “Amendment”), declaring the Amendment to be advisable, and directing thata special meeting of the stockholders be held for the purpose of voting uponthe adoption of the Amendment.

3.             Ameeting of the stockholders of the Corporation was held on November 9, 2006,pursuant to proper notice and in accordance with the Bylaws of the Corporationand the Delaware General Corporation Law. At such meeting of the stockholders, the necessary number of shares ofstock as required by the Delaware General Corporation Law and by theCorporation’s Restated Certificate of Incorporation were voted in favor ofadopting the Amendment.

4.             TheAmendment was duly adopted in accordance with Section 242 of the DelawareGeneral Corporation Law.

IN WITNESS WHEREOF, the Corporation has caused thisCertificate of Amendment to the Restated Certificate of Incorporation to besigned by William G. Laughlin, its Vice President, General Counsel andSecretary, this 9th day of November, 2006.
|        | /s/ William G. Laughlin       |
|--------|-------------------------------|
|   | William G. Laughlin,          |
|   | Senior Vice President,        |
|   | General Counsel and Secretary |

** **

 

 

----

** **

**EXHIBIT A**

AMENDMENTTO THERESTATED CERTIFICATE OF INCORPORATIONOFKFX INC.

The RestatedCertificate of Incorporation, as amended, is hereby further amended by deletingArticle I thereof in its entirety and replacing it with the following:

“ARTICLE I

The name of the Corporation is Evergreen Energy Inc.”

 

 

 

----
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 China International Holdings, Inc. (the “Company”), on Form 10-Q for the period ended June 30, 2012, as filed with the Securities and Exchange Commission (the “Report”), I, Jiang Peng, Chairman of the Board (Principal Executive 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) 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.





Date: August 20, 2012
By:
/s/ Jiang PengJiang Peng, Chairman of the Board(Principal Executive Officer)





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 China International Holdings, Inc. (the “Company”), on Form 10-Q for the period ended June 30, 2012, as filed with the Securities and Exchange Commission (the “Report”), I, Sun Dongqing, 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 (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.





Date: August 20, 2012
By:
/s/ Sun DongqingSun Dongqing, Chief Financial Officer(Principal Financial and Accounting Officer)





A signed original of this written statement required by Section 906 has been provided to Great China International Holdings, Inc. and will be retained by Great China International Holdings, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.








The foregoing certifications are being furnished solely to accompany the Report pursuant to 18 U.S.C. Section 1350, and are not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and are not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
[Federal Register Volume 66, Number 38 (Monday, February 26, 2001)]
[Notices]
[Pages 11579-11580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4583]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Intent To File Application for a New License

February 20, 2001.
    Take notice that the following notice of intent has been filed with 
the Commission and is available for public inspection:
    a. Type of Filing: Notice of Intent to File an Application for New 
License.
    b. Project No: 620.
    c. Date Filed: January 29, 2001.
    d. Submitted By: NorQuest Seafood Inc.
    e. Name of Project: Chignik.
    f. Location: On Indian Creek, in Chignik, Alaska.
    g. Filed Pursuant to: Section 15 of the Federal Power Act, 18 CFR 
16.6.

[[Page 11580]]

    h. Pursuant to Section 16.19 of the Commission's regulations, the 
licensee is required to make available the information described in 
Section 16.7 of the regulations. Such information is available from the 
licensee at NorQuest Seafoods, Inc. Main Office, 4225 23rd Ave. W., 
Seattle, Washington 98199. Contact: Ron Soule at 206-281-7022 or email 
<a href="/cdn-cgi/l/email-protection#b5c7c6dac0d9d0f5dbdac7c4c0d0c6c19bd6dad8"><span class="__cf_email__" data-cfemail="0f7d7c607a636a4f61607d7e7a6a7c7b216c6062">[email protected]</span></a>.
    i. FERC Contact: Vincent Jones 202 219-2710 
<a href="/cdn-cgi/l/email-protection#bfc9d6d1dcdad1cb91d5d0d1daccffd9dacddc91d9dadb91cacc"><span class="__cf_email__" data-cfemail="44322d2a27212a306a2e2b2a213704222136276a2221206a3137">[email protected]</span></a>.
    j. Expiration Date of Current License: October 4, 2005.
    k. Project Description: Project consists of a single turbine nozzle 
driving a 60 kilowatt generator located in the cannery at the end of 
this wood stave and steel pipeline.
    l. The licensee states its unequivocal intent to submit an 
application for a new license for Project No. 620. Pursuant to 18 CFR 
16.9(b)(1) each application for a new license and any competing license 
applications must be filed with the Commission at least 24 months prior 
to the expiration of the existing license. All applications for license 
for this project must be filed by October 4, 2003.
    A copy of the notice of intent is available for inspection and 
reproduction at the Commission's Public Reference Room, located at 888 
First Street, NE, Room 2A, Washington, DC 20426, or by calling (202) 
208-1371. The notice may be viewed on http://www.ferc.fed.us/online/rims.htm (call (202) 208-2222 for assistance). A copy is also available 
for inspection and reproduction at the address in item h above.

David P. Boergers,
Secretary.
[FR Doc. 01-4583 Filed 2-23-01; 8:45 am]
BILLING CODE 6717-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
943 A.2d 261

#### Ronald CLARK, Appellant, v. John McANANY, Mary Reese, Louis S. Folino, Sharon M. Burks, Kristen P. Reisinger, Jeffery A. Beard, Craig Haywood, John Doe (“C.S.I.”), Lieutenant Tanner, Brenda Martin, and Robert Narchus, Appellees.

Supreme Court of Pennsylvania.

March 19, 2008.

*ORDER*

PER CURIAM.

AND NOW, this 19th day of March, 2008, the Order of the Commonwealth Court is AFFIRMED.
Form 8910

Department of the Treasury 

Internal Revenue Service 

Alternative Motor Vehicle Credit

© Attach to your tax return.

OMB No. 1545-1998

2009

Attachment 

Sequence No. 152

Name(s) shown on return Identifying number

Part I Tentative Credit

Use a separate column for each vehicle. If you need more columns, 

use additional Forms 8910 and include the totals on lines 13 and 17. (a) Vehicle 1 (b) Vehicle 2 (c) Vehicle 3

1 Year, make, and model of vehicle . . . . . . . 1

2 Enter date vehicle was placed in service (MM/DD/YYYY) . 2 / / / / / /

 3 Credit allowable (see instructions for amount to enter) 3

 4 If you are not claiming the plug-in conversion credit, skip 

lines 4 through 8, enter -0- on line 9, and go to line 10. 

Otherwise, enter the cost of converting the vehicle to a 

qualified plug-in electric drive motor vehicle (for converted 

vehicles placed in service after February 17, 2009) . . 4

5 Section 179 expense deduction (see instructions) . . 5

6 Subtract line 5 from line 4 . . . . . . . . . . 6

7 Multiply line 6 by 10% (.10) . . . . . . . . . 7

8 Maximum plug-in conversion credit amount allowable . 8 4,000 00 4,000 00 4,000 00

9 Enter the smaller of line 7 or line 8 . . . . . . . 9

10 Tentative credit. Add lines 3 and 9 . . . . . . . 10

Next: If you did NOT use your vehicle for business or investment purposes and did not have a credit from a partnership or 

S corporation, skip Part II and go to Part III. All others, go to Part II.

Part II Credit for Business/Investment Use Part of Vehicle

11 Business/investment use percentage (see instructions) . 11 % % %

12 Multiply line 10 by line 11 . . . . . . . . . . 12

13 Add columns (a) through (c) on line 12 . . . . . . . . . . . . . . . . . . . . 13

14 Alternative motor vehicle credit from partnerships and S corporations . . . . . . . . . . 14

15 Business/investment use part of credit. Add lines 13 and 14. Partnerships and S corporations, 

report this amount on Schedule K; all others, report this amount on Form 3800, line 1r . . . . 15

Part III Credit for Personal Use Part of Vehicle

16 If you skipped Part II, enter the amount from line 10. If 

you completed Part II, subtract line 12 from line 10 . 16

17 Add columns (a) through (c) on line 16 . . . . . . . . . . . . . . . . . . . . 17

18 Enter the amount from Form 1040, line 46, or Form 1040NR, line 43 . . . . . . . . . . 18

19 Enter the total, if any, of your credits from Form 1040, lines 47 through 50; Form 5695, line 11; Form 

8834, line 22; and Schedule R, line 24; or Form 1040NR, lines 44 through 46; Form 5695, line 11; and 

Form 8834, line 22 . . . . . . . . . . . . . . . . . . 19

20 Subtract line 19 from line 18. If zero or less, stop. You cannot claim the personal use part of the

credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

21 Personal use part of credit. Enter the smaller of line 17 or line 20 here and on Form 1040, line 53 (or 

Form 1040NR, line 49) and check box c on that line. If line 20 is smaller than line 17, see instructions 21

For Paperwork Reduction Act Notice, see instructions. Cat. No. 37720F Form 8910 (2009)
**Exhibit 23.1**
**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**
We consent to the incorporation by reference in Registration Statement Nos. 33-72086, 33-86040,333-05643, 333-56215, 333-42708, 333-101037, 333-107317, and 333-119262 of The Talbots, Inc. andits subsidiaries on Forms S-8 of our report dated April 14, 2005, relating to the financialstatements of The Talbots, Inc. and subsidiaries (which report expresses an unqualified opinion andincludes an explanatory paragraph relating to the restatement described in Note 3) and our reporton internal control over financial reporting dated April 14, 2005 (which report expresses anadverse opinion on the effectiveness of The Talbots, Inc. and subsidiaries’ internal control overfinancial reporting because of a material weakness) appearing in this Annual Report on Form 10-K ofThe Talbots, Inc. for the year ended January 29, 2005.
/s/ Deloitte & Touche LLP
Boston, Massachusetts
Exhibit 10.1


 




EVENTIKO INC.


Xinzhong St. 3, Dongcheng, 


Beijing, China 100026


+1(702) 605-4808





 



 


 


SUBSCRIPTION AGREEMENT


 


 


EVENTIKO INC. Common Stock


 


Ladies and Gentlemen:


 


The undersigned investor in this Subscription Agreement hereby
acknowledges receipt of the Prospectus, dated __________________, of Eventiko Inc., a Nevada corporation (the “Company”),
and subscribes for the following number of shares upon the terms and conditions set forth in the Prospectus.


 


The Investor agrees that this Subscription Agreement is subject
to availability and acceptance by the Company.


 


The Investor hereby subscribes for ____________ shares of the
Company’s common stock (“Common Stock”) at $0.02 per share, for an aggregate purchase price of $____________. 


 


Payment of $____________ as payment in full of the purchase
price is being made via check or wire transfer to the Company.  


 


If this subscription is rejected by the Company, in whole or
in part, for any reason, all funds will be returned to the Investor, without interest or deduction of any kind.


  


 


 


Purchaser Information:


 


 


Printed Name: ______________________________


 


Address: _________________________________


 


                 _________________________________


 


Signature: ________________________________


 


 


Date: ___________________________________
# THE STATE OF TEXAS

M A N D A T E

*********************************************

TO THE 349TH DISTRIC T COURT OF ANDERSON COUNTY, GREETING:

Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 5th

day of November, 2014 , the cause upon appeal to revise or reverse your judgment between

WILLIAM WALLACE FREY , Appellant

NO. 12

- 14

- 00322

- CV; Trial Court No. 349

- 7327

By per curiam opinion.

RAYMOND HENDRIX, ET AL , Appellee s

was determined; and therein our said Court made its orde r in these words:

“ THIS CAUSE came to be heard on the appellate record; and the same being considered,

it is the opinion of this court that this appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be

, and the same is, hereby dismissed as frivolous ; and that this decision be certified to the court

below for observance. ”

WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals

for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly

recognized, obeyed, and executed.

WITNESS, THE HONORABLE JAMES T. WORTHEN , Chief Justice of our Court

of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of

Tyler, this the 11 th day of March , 201 5

.

CATHY S. LUSK, CLERK

By:

_______________________________ Chief Deputy Clerk
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-30686

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

TERRY RATHEL,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 95-CR-50023-3

- - - - - - - - -

February 11, 1998

Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

PER CURIAM:*

 Court-appointed counsel for Terry Rathel has filed a brief

as required by Anders v. California, 396 U.S. 738 (1976). Our

independent review of the brief and record discloses no

nonfrivolous issue. Accordingly, counsel is excused from further

responsibilities herein and the APPEAL IS DISMISSED.
Exhibit 23.2

 

**CONSENT OF INDEPENDENT ACCOUNTANTS**

 

We hereby consent to the incorporation by reference in theRegistration Statements on Form S-3 (Nos. 333-04298, 333-28129, 333-82455, 333-88211 and 333-87774) and Form S-8 (Nos. 333-09873 and 333-82357) of KFx Inc. of our report dated April 12, 2002 relating to the consolidated financial statements, whichappears in this Annual Report on Form 10-K. 

 

PricewaterhouseCoopers LLP 

 

Denver, Colorado 

April 11, 2003
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 96-50633 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,
versus JAMES WHITE, Defendant-Appellant.

--------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-96-CR-274-ALL

--------------------- July 7, 1998 Before HIGGINBOTHAM, DAVIS and DeMOSS, Circuit Judges. PER CURIAM: * Court-appointed counsel for James White has moved to withdraw and has filed accompanying briefs as required by Anders v. California , 386 U.S. 738 (1967). Our independent review of counsel’s briefs and the record discloses no nonfrivolous issue for appeal. Accordingly, counsel is excused from furtherO R D E R No. 96-50633 - 2 - responsibilities herein, and White’s APPEAL IS DISMISSED. See 5th Cir. R. 42.2.
<PAGE>   1
                                                                    Exhibit 21.1


                              LIST OF SUBSIDIARIES
                                       OF
                      ASSOCIATED ESTATES REALTY CORPORATION
                      -------------------------------------



                                                                 State of
                      Subsidiary                               Incorporation
----------------------------------------------------------     -------------

AERC of Indiana, LLC                                              Indiana
Aspen Lakes - AERC, Inc.                                         Michigan
Associated Estates Realty Corporation of Pennsylvania, Inc.        Ohio
Cloisters Apartments, Inc.                                         Ohio
Country Place, Inc.                                              Michigan
Ellet Apartments, Inc.                                             Ohio
Gables Indiana, Inc.                                               Ohio
Gates Mills III Apartments, Inc.                                   Ohio
Gates Mills Club Housing, Inc.                                     Ohio
Hillwood I Apartments, Inc.                                        Ohio
Jennings Commons Apartments, Inc.                                  Ohio
Kensington Apartments, Inc.                                        Ohio
PatCon, Inc.                                                       Ohio
Puritas Place Apartments, Inc.                                     Ohio
Rainbow Terrace Apartments, Inc.                                   Ohio
Riverview Towers Apartments, Inc.                                  Ohio
Shaker Park Gardens II, Inc.                                       Ohio
Somerset West Apartments, Inc.                                     Ohio
State Road Apartments, Inc.                                        Ohio
Statesman II Apartments, Inc.                                      Ohio
Sutliff Apartments, Inc.                                           Ohio
Tallmadge Acres Apartments, Inc.                                   Ohio
The Oaks at the Woods Company, Inc.                                Ohio
Treetop Village, Inc.                                              Ohio
Twinsburg Apartments, Inc.                                         Ohio
Village Tower Apartments, Inc.                                     Ohio
West High Apartments, Inc.                                         Ohio