alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

CURT L. BURRIS,

 Plaintiff - Appellant,

 v.

JEFFREY P. WALKER; et al.,

 Defendants - Appellees.

No. 08-17675

D.C. No. 2:08-cv-00689-RLHGWF

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Roger L. Hunt, Chief District Judge, Presiding

Submitted February 16, 2010** 

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.

Curt L. Burris, a Nevada state prisoner, appeals pro se from the district

court’s judgment dismissing his 42 U.S.C. § 1983 action challenging his

disciplinary conviction for a charge that was not listed in the Notice of Charges

FILED

MAR 08 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
DS/Research 2 08-17675

provided to Burris prior to the hearing. We have jurisdiction under 28 U.S.C. 

§ 1291. We review de novo, Butterfield v. Bail, 120 F.3d 1023, 1024 (9th Cir.

1997), and we affirm.

The district court properly dismissed the due process claim because the

notice contained sufficient information to allow Burris to present a proper defense

at his disciplinary hearing. See Bostic v. Carlson, 884 F.2d 1267, 1270-71 (9th

Cir. 1989) (concluding that notice was adequate where it described the factual

situation that was the basis for the disciplinary charge and alerted the prisoner of

his alleged wrongdoing). 

The district court properly dismissed the Eighth Amendment claim because

Burris did not allege facts showing that he was denied “the minimal civilized

measure of life’s necessities,” or that defendants acted with deliberate indifference

to his health or safety. Farmer v. Brennan, 511 U.S. 825, 834 (1994) (internal

quotation marks and citation omitted). 

Burris’s remaining contentions are unpersuasive.

AFFIRMED.
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02

- 20

- 00366

- CV

I N RE J.H. AND J.H.

, Relator s §

§

§

§ Original Proceeding

362nd District Court of Denton County, Texas

Trial Court No. 20

- 4843

- 362

February 2 5 , 2021

Memorandum Opinion by Justice Wallach

JUDGMENT

This c ourt has considered relator s’ petition for writ of mandamus and holds

that the petition should be denied

. Accordingly, we deny the writ of mandamus

, and

we lift our November 20, 2020 stay of pro ceedings.

SECOND DISTRICT COURT OF APPEALS

By _ /s/ Mike Wallach

__ __ _______________ Justice Mike Wallach
I

103D CONGRESS

1ST SESSION H. R. 2669

To authorize the Secretary of Transportation to convey to the City of Warsaw,

Kentucky, a vessel in the National Defense Reserve Fleet that is scheduled to be scrapped.

IN THE HOUSE OF REPRESENTATIVES

JULY 20, 1993

Mr. BUNNING introduced the following bill; which was referred to the

Committee on Merchant Marine and Fisheries

A BILL

To authorize the Secretary of Transportation to convey to

the City of Warsaw, Kentucky, a vessel in the National

Defense Reserve Fleet that is scheduled to be scrapped.

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

3 SECTION 1. AUTHORITY TO CONVEY VESSEL TO WARSAW,

4 KENTUCKY.

5 (a) AUTHORITY TO CONVEY.—Notwithstanding any

6 other provision of law, the Secretary of Transportation

7 may, subject to subsection (c), convey to the City of War8 saw, Kentucky, without consideration, for use by the City

9 for the promotion of economic development and tourism,
2

•HR 2669 IH

1 all right, title, and interest of the United States in a ves2 sel, including related spare parts and vessel equipment,

3 which—

4 (1) is in the National Defense Reserve Fleet on

5 the date of enactment of this Act;

6 (2) has no usefulness to the United States Gov7 ernment; and

8 (3) is scheduled to be scrapped.

9 (b) DELIVERY.—At the request of the City of War10 saw, Kentucky, the Secretary of Transportation is author11 ized to deliver the vessel referred to in subsection (a)—

12 (1) at the place where the vessel is located on

13 the date of the approval of the conveyance;

14 (2) in its condition on that date; and

15 (3) without cost to the United States Govern16 ment.

17 (c) CONDITIONS.—As a condition of any conveyance

18 of a vessel under subsection (a), the Secretary shall re19 quire that the City—

20 (1) raise, before the date of the conveyance, at

21 least $100,000 from non-Federal sources to support

22 the intended use of the vessel;

23 (2) agree to indemnify the United States for

24 any liability arising from or caused by the vessel
3

•HR 2669 IH

1 after the date of the conveyance of the vessel, includ2 ing liability—

3 (A) for personal injury or damage to prop4 erty;

5 (B) related to the delivery of the vessel to

6 the City; and

7 (C) related to asbestos; and

8 (3) comply with any other conditions the Sec9 retary considers appropriate.

10 (d) UNITED STATES NOT LIABLE.—Notwithstanding

11 any other provision of law, the Government of the United

12 States shall not be liable to any person for any liability

13 described in subsection (c)(2).

14 (e) TERMINATION OF AUTHORITY.—The authority of

15 the Secretary of Transportation under this section to con16 vey a vessel to the City of Warsaw, Kentucky, shall expire

17 24 months after the date of enactment of this Act.

Æ
2009-1247.

#### Lindsey v. Summit Cty. Children Servs. Bd.

Summit App. No. 24352, 2009-Ohio-2457.
Exhibit
23.1




CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





Board of
Directors


Mace
Security International, Inc. and Subsidiaries





We have
issued our report dated March 25, 2009, with respect to the
consolidated financial statements included in the Annual Report of Mace Security
International, Inc. and Subsidiaries on Form 10-K for the year ended December
31, 2008.  We hereby consent to the incorporation by reference of said
report in the Registration Statements of Mace Security International, Inc. on
Form S-3 (File No. 333-87981, effective September 28, 1999, amended
December 27, 1999, File No. 333-34096, effective April 5, 2000, File No.
333-34536, effective April 11, 2000, File No. 333-116527, effective June 16,
2004, amended September 24, 2004, and File No. 333-122074, effective January 14,
2005, amended February 3, 2005) and Forms S-8 (File No. 333-31757, effective on
July 22, 1997 and File No. 333-93311, effective on December 21,
1999).





/s/ Grant Thornton LLPPhiladelphia,
      PennsylvaniaMarch
      25, 2009
[Federal Register Volume 66, Number 41 (Thursday, March 1, 2001)]
[Notices]
[Page 12955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4970]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NM-080-1430-EU; Serial No. NMNM-104295]


Notice of Realty Action

SUMMARY: The following land has been found suitable for direct sale 
under Section 203 of the Federal Land Policy and Management Act of 1976 
(90 Stat. 2750, 43 U.S.C. 1713), at no less than the appraised fair 
market value of $9,000.00. The land will not be offered for sale until 
at least 60 days after the date of this notice.

    T. 23 S., R. 25 E., NMPM
    Sec. 12: NE\1/4\NE\1/4\, containing 40 acres.

    The land is hereby segregated from appropriation under the public 
land laws, including the mining laws. The segregative effect of the 
notice of realty action shall terminate upon issuance of patent or 
other document of conveyance to such lands, upon publication in the 
Federal Register of a termination of the segregation, or 270 days from 
the date of publication, whichever occurs first.
    The land is being offered by direct sale to the City of Carlsbad 
for expansion/upgrade of their water facility. The subject lands are 
adjacent to the City's #6 water well. The subject lands are not 
required for any other Federal purpose and meet the disposal criteria 
of the regulations contained in 43 CFR 2710.03(a) and 43 CFR 2711.3-
3(a)(2).
    The patent, when issued, will contain certain reservations to the 
United States, including the mineral estate, and will be subject to 
prior existing rights. Detailed information is available for review at 
the Carlsbad Field Office, 620 E. Greene, Carlsbad, NM 88220.
    For a period of 45 days from March 1, 2001, interested parties may 
submit comments to Bobbe Young, Lead Realty Specialist, at P.O. Box 
1778, Carlsbad, NM 88220. Any adverse comments will be evaluated by the 
Field Manager, who may vacate or modify this realty action and issue a 
final determination. In absence of objections, this realty action will 
become the final determination of the Department of the Interior.

    Dated: February 12, 2001.
Leslie A. Theiss,
Carlsbad Field Manager.
[FR Doc. 01-4970 Filed 2-28-01; 8:45 am]
BILLING CODE 4310-VA-U
`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2826 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 2826

_______________________________________________________________________

                                 AN ACT


 
To provide for an investigation of the whereabouts of the United States 
   citizens and others who have been missing from Cyprus since 1974.

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

SECTION 1. UNITED STATES CITIZENS AND OTHERS MISSING FROM CYPRUS.

    (a) Investigation.--As soon as is practicable, the President shall 
undertake, in cooperation with an appropriate international 
organization or nongovernmental organization, a thorough investigation 
of the whereabouts of the United States citizens and others who have 
been missing from Cyprus since 1974. The investigation shall focus
on the countries and communities which were combatants in Cyprus in 
1974, all of which currently receive United States foreign assistance.
    (b) Results of the Investigation.--The President shall report the 
findings of this investigation to the family of each of the United 
States citizens and others who have been missing from Cyprus since 1974 
and to the Congress. Such reports shall include the whereabouts of the 
missing.
    (c) Returning the Missing.--The President, in cooperation with an 
appropriate international organization or nongovernmental organization, 
shall do everything possible to return to their families, as soon as is 
practicable, the United States citizens and others who have been 
missing from Cyprus since 1974, including returning the remains of 
those who are no longer alive.

            Passed the House of Representatives August 1, 1994.

            Attest:






                                                                 Clerk.
                                     







103d CONGRESS

  2d Session

                               H. R. 2826

_______________________________________________________________________

                                 AN ACT

To provide for an investigation of the whereabouts of the United States 
   citizens and others who have been missing from Cyprus since 1974.`
<PAGE>
 
                                                                    EXHIBIT 11.1

                               WEST MARINE, INC.
                         STATEMENT RE: COMPUTATION OF
                             NET INCOME PER SHARE
                    (in thousands except per share amounts)

<TABLE> 
<CAPTION> 
                                                     FISCAL   FISCAL
                                                      1996     1995
                                                    -------   -------
PRIMARY
-------------------------
<S>                                                 <C>       <C> 
Net income ......................................   $11,566   $ 8,975
                                                    =======   =======


Weighted average common shares outstanding ......    15,748    14,054

Common equivalent shares:
    Stock options ...............................     1,200       712
                                                    -------   -------
Weighted average common and
  common equivalent shares ......................    16,948    14,766
                                                    =======   =======


Net income per common and common equivalent share   $  0.68   $  0.61
                                                    =======   =======

FULLY DILUTED
-------------------------
Net income ......................................   $11,566   $ 8,975
                                                    =======   =======

Weighted average shares outstanding .............    15,748    14,054

Common equivalent shares:
    Stock options ...............................     1,203       806
                                                    -------   -------
Weighted average common and
  common equivalent shares ......................    16,951    14,860
                                                    =======   =======

Net income per common and common equivalent share   $  0.68   $  0.60
                                                    =======   =======

</TABLE>
| Commercial        Loans Mortgage        LoansOther        LoansREOJudgmentsSecuritiesOther Assets25.6%    41.1%2.6%14.6%4.2%2.8%9.1%
                      Source: Reports from FDIC Division of Finance

Back to Chart
 19861987198819891990Other1,932    2,1772,0953,1434,637Liquidation4,5864,4003,3714,1416,311    Supervision    2,2992,5212,5942,9033,400    RTC1,5164,899Total8,8179,0988,06011,70319,247

                      Source: FDIC, 1990 Annual Report

Back          to Chart

1-4        Family Mtges.Other        Mtges.Other        LoansREOOther AssetsCash/Securities27.3%    24.9%7.6%12.3%8.2%19.6%
                      Source: RTC August 1989/September 1995 Statistical Abstract

Back to Chart |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Exhibit 10.56


 


REDACTED
VERSION: Certain identified information has been excluded pursuant to Regulation S-K, Item 601(b)(10) because it both (i) is not
material and (ii) would be competitively harmful if publicly disclosed.


 


FIRST
AMENDMENT TO


10%
FIXED CONVERTIBLE PROMISSORY NOTE


 


THIS
FIRST AMENDMENT TO 10% FIXED CONVERTIBLE PROMISSORY NOTE (this “Amendment”) is made and entered into this ____
day of July 2020, by and between HELIX TECHNOLOGIES, INC. (the “Company”), and [***] (“Lender”).


 


RECITALS


 


A. The
Company and the Lender are parties to a 10% Fixed Convertible Promissory Note, subsequently adjusted to 12% subject to Section
4.00(d) (the “Agreement”), signed October 11, 2019 in the face amount of $450,000.


 


B. The
Company and the Lender desire to amend the Agreement upon the terms and subject to the conditions set forth herein.


 


AGREEMENT


 


NOW,
THEREFORE, in consideration of the recitals, the mutual covenants and agreements set forth herein, and in the Agreement, and for
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:


 


1. As
of the date of this Amendment the “guaranteed” interest is lowered from 10% to 9% per annum.


 


2. Each
party agrees that the Principal Amount, including accrued interest, as of the date of this Amendment, is $504,000.


 


3. The
definition of “Conversion Price” is deleted and replaced with the following:


 


“Conversion
Price is the lesser of $0.11 or 70% of the average of the five lowest daily VWAPs of the Company’s common stock during
the 15 consecutive Trading Days prior to the date on which Holder elects to convert all or part of the Note.”


 


4. The
definition of “Maturity Date” is deleted and replaced with the following:


 


“Maturity
Date” shall be April 11, 2021.”


 


5. The
Company and Lender mutually agree that the Terms of Future Financings detailed in section 4.00(d) of the Agreement will apply
prospectively from the date of this Amendment for points 1 and 3 above.


 


6. Except
as specifically amended or modified by this Amendment, the terms and conditions of the Agreement shall remain unimpaired, unaffected
and unchanged in every particular as set forth therein. Capitalized terms used and not otherwise defined herein shall have the
meanings set forth in the Agreement.


 


7. This
Amendment may be executed in several counterparts and delivered by electronic transmission, each of which shall be deemed an original,
but which counterparts shall together constitute one and the same Amendment.



 






    


     


    

 


IN
WITNESS WHEREOF, the undersigned have caused this Amendment to be executed and delivered as of the date first written above.


  


	 	HELIX TECHNOLOGIES, INC.
	 	 	 
	 	By: 	                 
	 	 	Scott Ogur, CFO
	 	 	 
	 	LENDER:
	 	 
	 	[***]
	 	 
	 	By:	                              
	 	Name:  	   
	 	Title:
MISCELLANEOUS DISMISSALS

2009-0975.

#### State ex rel. Skillas v. Indus. Comm.

Franklin App. No. 07AP-1064. This cause is pending before the court as an appeal from the Court of *1467Appeals for Franklin County. Upon consideration of appellant’s application for dismissal,

It is ordered by the court that the application for dismissal is granted. Accordingly, this cause is dismissed.
[Federal Register Volume 66, Number 38 (Monday, February 26, 2001)]
[Notices]
[Page 11630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4570]


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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Environmental Impact Statement Supplemental: Constantine, MI

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of intent supplemental.

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

SUMMARY: On June 22, 2000, The FHWA issued a Notice of Intent to 
prepare an Environmental Impact Statement (EIS) for the proposed 
improvements to US-131 from the Indiana Toll Road to M-60 including a 
potential western bypass of the Village of Constantine in St. Joseph 
County, Michigan. The FHWA is issuing this Notice of Intent to expand 
its original Notice of Intent dated June 22, 2000, to include the area 
from M-60 to one mile north of Lovers Lane. The revised study termini 
will be from the Indiana Toll Road to one mile north of Lovers Lane, a 
distance of approximately 16 miles.

FOR FURTHER INFORMATION CONTACT: Mr. James Kirschensteiner, Programs 
and Environmental Engineer, Federal Highway Administration, 315 W. 
Allegan Street, Lansing, Michigan 48933, Telephone (517) 377-1880, ext. 
41 or Mr. Paul Wisney, Manager, Design Division, Michigan Department of 
Transportation, P.O. Box 30050, Lansing, Michigan 48909, Telephone 
(517) 335-1905.

SUPPLEMENTARY INFORMATION: The FHWA in cooperation with the Michigan 
Department of Transportation (MDOT), the Indiana Toll Authority and the 
Indiana Department of Transportation are expanding the northern limit 
of the US-131 study in St. Joseph County to include the area from M-60 
to one mile north of Lovers Lane. This study expansion will permit 
close examination of traffic congestion and safety issues to determine 
what improvements can be made to US-131 in the Three River area, 
including alternative roadways. The US-131 corridor study encompasses 
approximately 16 miles of US-131 from the Michigan/Indiana state line 
to the Park/Lockport township line, and includes the village of 
Constantine and the city of Three Rivers.

Norman R. Stoner,
Assistant Division Administrator, Lansing, Michigan.
[FR Doc. 01-4570 Filed 2-23-01; 8:45 am]
BILLING CODE 4910-22-M
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                       3,322,217
<SECURITIES>                                 4,457,548
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             8,004,111
<PP&E>                                         395,859
<DEPRECIATION>                                 133,156
<TOTAL-ASSETS>                               8,320,681
<CURRENT-LIABILITIES>                           76,758
<BONDS>                                              0
<COMMON>                                         7,749
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   8,236,174
<TOTAL-LIABILITY-AND-EQUITY>                 8,320,681
<SALES>                                              0
<TOTAL-REVENUES>                               122,228
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               815,076
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             299,098
<INCOME-PRETAX>                              (991,946)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (991,946)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (991,946)
<EPS-PRIMARY>                                    (.14)
<EPS-DILUTED>                                    (.14)
        

</TABLE>
CASE ANNOUNCEMENTS

*December 3, 2009*

[Cite as *12/03/2009 Case Announcements #2,*2009-Ohio-6330.]

MOTION AND PROCEDURAL RULINGS

2009-0892.

#### State ex rel. Lohn v. Medina Cty. Bd. of Cty. Commrs.

In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration of relator’s motion to vacate the order granting a request for extension of time,

It is ordered by the court that the motion is granted in part. Respondents’ merit brief shall be filed no later than December 11, 2009.
<PAGE>
                                                                    EXHIBIT 23.1


CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation of our
report included in this 2001 Annual Report on Form 10-K into the Company's
previously filed Registration Statements on Form S-8 (File Nos. 33-83378,
333-34313, 333-33860 and 333-56612), Registration Statement on Form S-4 (File
No. 333-59176) and Registration Statement on Form S-2 (File No. 333-73178).

ARTHUR ANDERSEN LLP

Las Vegas, Nevada
March 25, 2002