alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NUMBER 13-08-00588-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

______________________________________________________________

JESUS MENDOZA, Appellant,

v.

JUSTICE OF THE PEACE ISMAEL "MELO" OCHOA, Appellee.

_____________________________________________________________

On Appeal from the 398th District Court 

of Hidalgo County, Texas.

______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Vela

Memorandum Opinion Per Curiam

Appellant, Jesus Mendoza, attempts to appeal an order denying appellant’s petition

to remove from office Justice of the Peace, Precinct 3, Place 2, Ismael Ochoa, entered on

June 26, 2008. On December 23, 2008, the Clerk of the Court notified appellant it did not
2

appear that this Court has jurisdiction and that the appeal was subject to dismissal, unless

within ten days from the date of receipt of this letter, appellant corrected the defect.

The appellant responded on January 5, 2009, filing a “Motion to Proceed on this

Appeal.” The appellant asserts that this Court has jurisdiction to hear an appeal of a denial

of a petition for citation to remove a judge from office where concrete, specific, and

conclusive evidence supports the claim that the trial judge engaged in judicial misconduct.

This Court does not have jurisdiction. An appeal may not be taken from a dismissal

of a petition to remove an elected judge where the trial court refused to issue citation. See

TEX. LOC. GOV’T CODE ANN. §87.016 (Vernon 1999). Accordingly, appellant’s motion to

proceed is DENIED and the appeal is hereby DISMISSED FOR WANT OF

JURISDICTION. See TEX. R. APP. P. 42.3(a). 

PER CURIAM

Memorandum Opinion delivered 

and filed this the 21st day of May, 2009.
#### § 26.4 Legislation.

State programs must meet all of the requirements of section 4 of the act. Section 4 of the act which applies to the grant program reads as follows:

Sec. 4(a). The Secretary of the Interior and the Secretary of Agriculture shall jointly establish a program under which grants shall be made to States to assist them in meeting the cost of projects for the employment of young men and women to develop, preserve, and maintain non-Federal public lands and waters within the States. For purposes of this section, the term “States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Trust Territory of the Pacific Islands, and American Samoa.

(b)(1) No grant may be made under this section unless an application therefor has been submitted to, and approved by, the Secretary of the Interior and the Secretary of Agriculture. Such application shall be in such form, and submitted in such manner, as the Secretaries shall jointly by regulation prescribe, and shall contain—

(A) Assurances satisfactory to the Secretaries that individuals employed under the project for which the application is submitted shall: (i) Have attained the age of 15 but not attained the age of 19, (ii) be permanent residents of the United States or its territories, possessions, or the Trust Territory of the Pacific Islands, (iii) be employed without regard to the personnel laws, rules, and regulations applicable to full-time employees of the applicant, (iv) be employed for a period of not more than 90 days in any calendar year, and (v) be employed without regard to their sex or social, economic, or racial classification; and

(B) Such other information as the Secretaries may jointly by regulation prescribe.

(2) The Secretaries may approve applications which they determine (A) meet the requirements of paragraph (1), and (B) are for projects which will further the development, preservation, or maintenance of non-Federal public lands or waters within the jurisdiction of the applicant.

(c)(1) The amount of any grant under this section shall be determined jointly by the Secretaries, except that no grant for any project may exceed 80 per centum of the cost (as determined by the Secretaries) of such project.

(2) Payments under grants under this section may be made in advance or by way of reimbursement and at such intervals and on such conditions as the Secretaries find necessary.

(d) Thirty per centum of the sum appropriated under section 6 for any fiscal year shall be made available for grants under this section for such fiscal year.
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T25N

R114W

T26N

T27N

T28N

T29N

T30N

T31N

T32N

T33N

T34N

T35N

T36N

R113W R112W R111W R110W R109W R108W R107W R106W

UV352

UV354

UV353

UV350

UV351

£¤191

£¤189

UV235

Cora

Merna

Daniel

Boulder

Pinedale

LaBarge

Marbleton

Big Piney

NO WARRANTY IS MADE BY THE BLM FOR USE OF THE DATA FOR PURPOSES NOT INTENDED BY BLM.

o

0 2.5 5 10 15 20 25 30

Miles

OHV Inventory Priority Areas

Map A17-1

SUBLETTE

LINCOLN

0 5 10 20 30 40 50

Kilometers

1- Special Management Areas

2- Mesa/ South Colorado Desert

3- Upper Green/ Merna

4- Ryegrass/ Bench Corral/ Upper LaBarge

5- South LaBarge

Industrialized- constantly inventoried
### §1665d. Mental health technician program

#### (a) In general

Pursuant to section 13 of this title, the Secretary shall establish and maintain a mental health technician program within the Service which—

(1) provides for the training of Indians as mental health technicians; and

(2) employs such technicians in the provision of community-based mental health care that includes identification, prevention, education, referral, and treatment services.

#### (b) Paraprofessional training

In carrying out subsection (a), the Secretary, acting through the Service, shall provide high-standard paraprofessional training in mental health care necessary to provide quality care to the Indian communities to be served. Such training shall be based upon a curriculum developed or approved by the Secretary which combines education in the theory of mental health care with supervised practical experience in the provision of such care.

#### (c) Supervision and evaluation of technicians

The Secretary, acting through the Service, shall supervise and evaluate the mental health technicians in the training program.

#### (d) Traditional health care practices

The Secretary, acting through the Service, shall ensure that the program established pursuant to this section involves the use and promotion of the traditional health care practices of the Indian tribes to be served.

(Pub. L. 94–437, title VII, §705, as added Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)

#### **Editorial Notes**

#### Codification

Section 705 of Pub. L. 94–437 is based on section 181 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.

#### Prior Provisions

A prior section 1665d, Pub. L. 94–437, title VII, §705, as added Pub. L. 102–573, title VII, §702(a), Oct. 29, 1992, 106 Stat. 4576, provided for program of training and community education about alcohol and substance abuse, prior to the general amendment of this subchapter by Pub. L. 111–148.
§ 2565.1 General requirements. ( a ) *Survey of exterior lines; exclusions from townsite survey.* If the land is unsurveyed the occupants must by application to the State Director, obtain a survey of the exterior lines of the townsite which will be made at Government expense. There must be excluded from the tract to be surveyed and entered for the townsite any lands set aside by the district court under section 31 of the Act of June 6, 1900 (31 Stat. 332; 48 U.S.C. 40), for use as jail and courthouse sites, also all lands needed for Government purposes or use, together with any existing valid claim initiated under Russian rule.
( b ) *Petition for trustee and for survey of lands into lots, blocks, etc.* When the survey of the exterior lines has been approved, or if the townsite is on surveyed land, a petition, signed by a majority of occupants of the land, will be filed in the proper office requesting the appointment of trustee and the survey of the townsite into lots, blocks, and municipal reservations for public use, the expense thereof to be paid from assessments upon the lots, as provided in § 2565.3(b) of this part.
( c ) *Designation of trustee; payment required: area enterable.* If the petition be found sufficient, the Secretary of the Interior will designate a trustee to make entry of the townsite, payment for which must be made at the rate of $1.25 per acre. If there are less than 100 inhabitants the area of the townsite is limited to 160 acres; if 100 and less than 200, to 320 acres; if more than 200, to 640 acres, this being the maximum area allowed by the statute.
Table 27
                                        U.S. Department of Interior - Bureau of Reclamation
                                               Central Valley Operations Office
 
                                               TEHAMA-COLUSA CANAL
 
                                                      1998
Monthly Deliveries in AF
 
Water Users                   Jan    Feb    Mar    Apr    May    Jun    Jul    Aug    Sep    Oct    Nov    Dec Total
 
 
Colusa County WD               0      0    181    846   3510   6496  13563  10109   4785   2577      0      0   42067
Cortina WD                     0      0      0     58     93    105    177    203     37     36      0      0     709
Davis WD                       0      0      3     20     64    435    929    417    262      0      0      0    2130
Dunnigan WD                    0      0      9    137    949   1525   3503   2201    906    379      0      0    9609
4-M Water District             0      0      0      1     27    270    589    496    248     50      0      0    1681
Glenn Valley WD                0      0      0      6    108    209    240    146     15      0      0      0     724
Glide WD                       0      0      0      0   1550   1811   3154   3782    662     75      0      0   11034
Holthouse WD                   0      0      0      0    103    227    362    304    118     63      0      0    1177
Kanawha WD                     0      0      0      1    494   3202   7449   5779   1816    232      0      0   18973
Kirkwood WD                    0      0      0      0      0     12     49     49    211     43      0      0     364
La Grande WD                   0      0      0      0    891    810   1435   1126    177     16      0      0    4455
Myers-Marsh MWC                0      0      0     23      7     21      0      0      0      0      0      0      51
Orland-Artois WD               0      0     26    134   2551   4739  12538  11119   5491   1851      0      0   38449
Westside WD                    0      0    122    398   2153   5247   9206   4106   1773    603      0      0   23608
 
Total                          0      0    341   1624  12500  25109  53194  39837  16501   5925      0      0  155031
 
Data supplied by Willows Field Division, Water and Lands Division
No. 4608

#### St. Joseph Cemetery, Claimant, vs. State of Illinois, Respondent.

*53
      *Opinion filed September 24, 1954.*

Gerard A. Koch, Attorney for Claimant.

Latham Castle, Attorney General; Marion G. Tiernan, Assistant Attorney General, for Respondent.

Tolson, C. J.

St. Joseph Cemetery filed its claim on February 10, 1954 for reimbursement for cartage and installation charges for 57 government markers.

The record consists of the complaint, Departmental Report, stipulation in lieu of evidence and brief.

The Departmental Report indicates that 105 markers were installed. A claim for installing 48 markers was approved for payment from funds appropriated by the 68th General Assembly, but the claim for the remaining 57 markers was denied due to statutory limitations, as the markers were erected during the previous biennium.

The claim for installing a marker at the grave of one Rudolph E. Yuriga was previously denied in an order issued by this Court on the 17th.day of March, 1954, for the reason that the decedent was a peace-time soldier.

As to the remaining 56 markers, the claim is proper.

By repeated decisions of this Court, it has been held that, where the facts are undisputed that the State has received supplies ordered by it in accordance with due authority, has used the same, and the bill therefor was not paid before the lapse of the applicable appropriation, an award for the amount may be made. *(Shell Petroleum Co.*vs. *State of Illinois,*7 C.C.R. 224, *Shonkwiler*vs. *State,*11 C.C.R., 602, and other cases.)

*54An award is, therefore, entered' in favor of claimant, and allowed in the amount of $560.00.
### §1041c. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 106–568, title VII, §705, Dec. 27, 2000, 114 Stat. 2915, which related to membership roll, was omitted from the Code as being of special and not general application.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-7899

ANTWAN ZEIGLER,

Petitioner - Appellant,

v.

DENNIS BUSH,

Respondent - Appellee.

Appeal from the United States District Court for the District of 

South Carolina, at Beaufort. J. Michelle Childs, District Judge. 

(9:14-cv-01162-JMC)

Submitted: March 29, 2016 Decided: April 1, 2016

Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior 

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Antwan Zeigler, Appellant Pro Se. Donald John Zelenka, Senior 

Assistant Attorney General, Melody Jane Brown, Assistant Attorney 

General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Antwan Zeigler seeks to appeal the district court’s order

adopting the magistrate judge’s report and recommendation and 

dismissing his 28 U.S.C. § 2254 (2012) petition. We dismiss the 

appeal for lack of jurisdiction because the notice of appeal was 

not timely filed. 

Parties are accorded 30 days after the entry of the district 

court’s final judgment or order to note an appeal, Fed. R. App. P. 

4(a)(1)(A), unless the district court extends the appeal period 

under Fed. R. App. P. 4(a)(5), or reopens the appeal period under 

Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of 

appeal in a civil case is a jurisdictional requirement.” Bowles v. 

Russell, 551 U.S. 205, 214 (2007).

The district court’s order was entered on the docket on

September 22, 2015. The notice of appeal was filed on November 

18, 2015.* Because Zeigler failed to file a timely notice of 

appeal or to obtain an extension or reopening of the appeal period, 

we dismiss the appeal. We dispense with oral argument because the 

facts and legal contentions are adequately presented in the 

 * For the purpose of this appeal, we assume that the date 

appearing on the notice of appeal is the earliest date it could 

have been properly delivered to prison officials for mailing to 

the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 

(1988).
3

materials before this court and argument would not aid the 

decisional process.

DISMISSED
Exhibit 32.2



|               |  |                                                                                                                       
|-------------- |  | ----------------------------------------------------------------------------------------------------------------------
|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

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and accompanies the Quarterly Report on Form 10-Q (the
Form 10-Q) for the quarter ended March 31, 2011 of Clear Channel Communications, Inc. (the Issuer).

The
undersigned hereby certifies that the Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Form 10-Q fairly presents, in all
material respects, the financial condition and results of operations of the Issuer.

Date: May 6, 2011



|       |  |                                                                                                                                                          
|------ |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------
|By:    |  | /s/ THOMAS W. CASEY                                                                                                                                      
|Name:  |  | Thomas W. Casey                                                                                                                                          
|Title: |  | Office of the Chief Executive Officer (performing the functions of principal executive officer) and
Chief Financial Officer (principal financial officer)
### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 10-40802 Summary Calendar
UNITED STATES OF AMERICA, Plaintiff-Appellee

v. KEVIN DEAN EVANS, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:10-CR-153-1
Before REAVLEY, SMITH and PRADO, Circuit Judges. PER CURIAM: * The Federal Public Defender appo i n t ed to represent Kevin Dean Evans has moved for leave to withdraw and has filed a brief in accordance with Anders
v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2 0 1 1 )

. Evans has not filed a response. We have reviewed counsel’s brief and the relevan t p ortions of the record reflected therein. We concur with
c o u n s el’ s a s s e s s m e nt that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D August 15, 20 11 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR
. R. 47.5 , the cour t has d ete rm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5 T H C IR
. R. 47.5 .4. Case: 10-40802 Document: 00511571577 Page: 1 Date Filed: 08/15/2011No. 10-40802

counsel is excused from further responsibilities he r e i n, and the APPEAL IS DISMISSED. See5 T H C I R . R. 42.2.

2 Case: 10-40802 Document: 00511571577 Page: 2 Date Filed: 08/15/2011
##### 



EXHIBIT 31.2 -
    
    CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO RULES
13A-14(A) AND 15D-14(A) UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS
ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
 I, Randall T. Mays, Executive Vice President and Chief Financial Officer of
Clear Channel Communications, Inc., certify that:  1.
    
    I have reviewed this Quarterly Report on Form 10-Q of Clear Channel
Communications, Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement
of a material fact or omit to state a material fact necessary 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, the financial statements, and other financial
information included in this report, fairly present in all material
respects the financial condition, results of operations and cash flows of
the registrant as of, and for, the periods presented in this report;4.
    
    The registrants other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant
and have: (a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision,
to ensure that material information relating to the registrant, including
its consolidated subsidiaries, is made known to us by others within those
entities, particularly during the period in which this report is being
prepared; (b) Evaluated the effectiveness of the registrants disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of
the period covered by this report based on such evaluation; and (c) Disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants
most recent fiscal quarter (the registrants fourth fiscal quarter in the
case of an annual report) that has materially affected, or is reasonably
likely to materially affect, the registrants internal control over
financial reporting; and  5.
    
    The registrants other certifying officer(s) and I have disclosed, based
on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of the
registrants board of directors (or persons performing the equivalent
functions): (a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrants ability to record,
process, summarize and report financial information; and (b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control
over financial reporting. Date: May 10, 2004 /s/ RANDALL T. MAYS
#### § 725.422 Legal assistance.

The Secretary or his or her designee may, upon request, provide a claimant with legal assistance in processing a claim under the Act. Such assistance may be made available to a claimant in the discretion of the Solicitor of Labor or his or her designee at any time prior to or during the time in which the claim is being adjudicated and shall be furnished without charge to the claimant. Representation of a claimant in adjudicatory proceedings shall not be provided by the Department of Labor unless it is determined by the Solicitor of Labor that such representation is in the best interests of the black lung benefits program. In no event shall representation be provided to a claimant in a claim with respect to which the claimant's interests are adverse to those of the Secretary of Labor or the fund.