alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The Honorable James M. Rosenbaum, United States Distric t 1 Judge for the District of Minnesota.



## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 96-3810

___________ Philip R. Anderson; * Ki Ok Bae Anderson, * * Appellants, * * Appeal from the United States v. * District Court for the * District of Minnesota. Chase Manhattan Mortgage * [UNPUBLISHED] Corporation, * * Appellee. *

___________ Submitted: February 20, 1997 Filed: March 6, 1997

___________ Before BOWMAN, WOLLMAN, and BEAM, Circuit Judges.

___________ PER CURIAM. PhilipR. and Ki Ok Bae Anderson appeal from the distric t court's dismissal of their action against Chas e Manhattan Mortgage

1 Corporation (Chase) for failure to prosecute. We affirm.
We conclude that the district court did not abuse it s discretion in dismissing the Andersons' appeal. See Fed. R. Civ. P. 41(b) ; Sterling v. United States , 985 F.2d 411, 412 (8th Cir . 199 3) (per curiam) (standard of review). Although the Anderson s were notified that they were required to file their brief withi n-2-

fifteendays after their appeal was docketed, see Fed. Bankr. R . 8009(a)(1), they had filed nothing when the district court-3-

dismissed the appeal after three months, and they have offered no explanation for their failure to do so. See Nielsen v. Price , 17 F.3d 1276, 1277 (10th Cir. 199 4) (district court did not abuse its discretion in dismissing bankruptcy appeal with prejudice wh ere pro se party failed to file brief, noting party's unexplained failure to timely file brief); see als o Schooley v. Kennedy , 712 F.2d 372, 373 (8th Cir. 1983) (per curiam) (pro se litigants are not excused fromc ompliance with procedural and local rules, including rule s requiring brief to be filed). Chase has moved to strike the Andersons’ brief and for a n awardof double costs on the basis of derogatory remarks in th e bri ef directed at the bankruptcy court judge, the district cour t judge, and counsel for Chase. These remarks include anti-Semitic references and unsupported accusations of collusion, bribery, and impropriety. We find the Andersons' accusations to be impro vident, insolent and scandalous, and w e therefore award Chase double costs and order that the derogatory remarks be stricken. See 28 U.S.C. § 1912; Fed. R. App. P. 38; and Mullen v. Galati , 843 F.2d 293 , 294-9 5 (8th Cir. 1988) (per curiam). Chase is directed to fil e with the clerk a verified bill of costs in accordance with Fed. R. App. P. 39(d). We deny all remaining motions. The judgment is affirmed. Accordingly, we affirm. A true copy.
Attest:-4- CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
**Exhibit 32.2**

**CERTIFICATION OF CHIEF FINANCIALOFFICERREQUIRED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe quarterly report of Russ Berrie and Company, Inc. (the “Company”) onForm 10-Q for the quarter ended June 30, 2006, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, JamesJ. O’Reardon, Jr.**,**Chief Financial Officer of theCompany, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that:

1.               The Report fullycomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

2.               The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 
|        |     | August 9, 2006                               |
|--------|----------|----------------------------------------------|
|   |     |                                         |
|   |     | /s/ JAMES J. O’REARDON, JR.             |
|   |     |                                         |
|   |     | James J. O’Reardon, Jr.                 |
|   | * * | *Vice President and Chief Financial Officer* |

 

A signed originalof this written statement required by Section 906 has been provided toRuss Berrie and Company, Inc. and will be retained by Russ Berrie andCompany, Inc. and furnished to the Securities and Exchange Commission orits staff upon request.

 

----
No. FRANCISCO DURAN, JR., x _„ mTTrt „„TT„m ^„ 

# PETITIONER-MOVANT, § FILEDIN INTHE°0URT°F CflURTOFCRIMINALAPPEALS
vs. 

### § APR 172015 CRIMINAL COURT § 

### the state of Texas, AbelAcosta,Clerk RESPONDENT. &

MOTION FOR LEAVE TO FILE AN ORIGINAL COPY ONLY OF THE PDR



# '£ri»k T^vr**CJ/L. FRANCISCO DURAN, JR. AUST,IN,/_TEXAS.. 

### klbCEIVEl COURTOFCRIMINALAPPEALS 

### APR 172015 

## to the honorablejudges: Abel Acosta, Clerk COMES NOW/ the above named petitioner-movant/ acting in his own behalf/ respectfully requesting the Court for leave to file an 

### original copy only of the [PDR] petition for discretionary review. In that/ 1. The style and appeal number of the Thirteenth District Court of Appeals is No. 13-12-00344-CR; 

### 2. The Appellant/Petitioner moves that/ pursuant to Rule 2, Texas Rules of Appellate Procedure/ this Court may suspend Rule 9.3(b)/ Texas Rules ofAppellate Procedure tjhat requires the filing of eleven (11) 

### copies ofthe [PDR] petition for discretionaryreview; 3. The facts relied upon to show good cause for this request are: Petitioner is indigent and incarcerated and does not have access to a photo copier. Nor is 

### petitioner-movantrepresented bycounsel and will be filing his petition pro se. Finally/ petitioner-movant does believe he has merit and thus this is made in good faith. WHEREFORE PLEADINGSCONSIDERED, petitioner-movant prays this Honorable 

### Court will grant him to file only the original copy ofthis [PDR] petition. Thankyou. Respectfully requested/CERTIFICATE OF SERVICE 

### I, Francisco Duran, Jr., petitioner-movant and appellant in this 

### cause and foregoing motion to suspend the rule does hereby certify 

## that one original copy of said motion for leave to file only an or 

## iginal copy of the [PDR] petition for discretionary review wasplaced in the Robertson Prison mail box addressed to the Clerk of theTexas Court of Criminal Appeals at Austin, on the 8th DAY OF APRIL 2015. I atest to this by affixing my signture below:

!££i •,, ...•_- ;

SIGNATURE: FRANCISCO DURAN/ JR.

cc ROBERTSON UNIT # 1793551 12071 FM 3522 ABILENE, TX. 79601

-2-
#### UNITED STATES of America, Plaintiff-Appellee, v. Felix Manuel FAVELA-CASTRO, Defendant-Appellant.

No. 05-51121.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Feb. 24, 2006.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western *311District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Christopher Allen Antcliff, Stanton *&*Antcliff, El Paso, TX, for Defendan1>-Appellant.

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Felix Manuel Favela-Castro raises arguments that are foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

*

 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.
§ 3152.7 Completion of operations. ( a ) The permittee shall submit to the authorized officer a completion report within 30 days of completion of all operations under the permit. The completion report shall contain the following: ( 1 ) A description of all work performed;
( 2 ) Charts, maps or plats depicting the areas and blocks in which the exploration was conducted and specifically identifying the lines of geophysical traverses and any roads constructed;
( 3 ) The dates on which the actual exploration was conducted;
( 4 ) Such other information about the exploration operations as may be specified by the authorized officer in the permit; and
( 5 ) A statement that all terms and conditions have been complied with or that corrective measures shall be taken to rehabilitate the lands or other resources.
( b ) Within 90 days after the authorized officer receives a completion report from the permittee that exploration has been completed or after the expiration of the permit, whichever occurs first, the authorized officer shall notify the permittee of the specific nature and extent of any additional measures required to rectify any damage to the lands and resources.
[53 FR 17359, May 16, 1988; 53 FR 31959, Aug. 22, 1988]
[if !vml]>[endif]>

[if !vml]>[endif]>

You havereached the Federal Depository Library Program Electronic Collection (FDLP/EC)Archive. This archive assures ongoing access to publications in the FDLP/EC.Access to publications in the archive is available through GPO's suite of catalogingand locator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site.(Historical purposes)

**Title:**Rules

113th-Congress; 114th-Congress;115th-Congress

SuDoc:Y 4.ET 3/5-10:
Item Number:1025-H-02 (online)
CGP system Number:001030290
(No. 839

Claimant awarded $5,914.76.)

#### Piggly Wiggly Stores Inc., Claimant, *vs.*State of Illinois, Respondent.

*Opinion filed May 1, 1925.*

Franchise *tax*— when *refund will he made.*This case is governed by the decision of the court in *Vulcanite Roofing Co.*v. *State, supra.*

Moran, Paltzer *&*O’Donnell, for claimant.

Oscar E. Carlstrom, Attorney General ; Edward C. Fitch, Assistant Attorney General, for respondent.

Mr. Justice Leech

delivered the opinion of the court:

This is a claim for the refund of franchise taxes erroneously paid to the Secretary of State of the State of Illinois, in the years 1920,-1921 and 1922, by the above named claimant, total excess paid amounting to $5914.76.

The demurrer filed by the Attorney General of the State of Illinois is, as a matter of law, sustained.

' We award claimant the sum of $5914.76, on the grounds of equity and social justice.
#### State, ex rel. Otto J. King, appellant, v. Edward J. Solomon et al., appellees.

Filed July 17, 1908.

No. 15,280.

Elections: Deciding Tie Vote. In case of a tie vote at an election of village trustees, the candidates cannot determine the result by lot; there being no statute authorizing it.

Appeal from the district court' for Webster county: Ed L. Adams, Judge.

*Affirmed.*

*Thomas Darnall,*for appellant.

*Bernard McNeny, contra.*

Epperson, C.

The relator was a candidate for the office of village trustee of the village of Bladen at the election held April 2, 1907. He and one- other candidate received an equal number of votes, whereupon by agreement they cast lots to determine which of the two should hold the office. The result was favorable to relator. He now seeks a peremptory order to compel the village board to issue to him a certificate of election. Our statutes nowhere provide for the selection by lot of a village trustee when two candidates receive an equal number of votes. It was incompetent, therefore, for the relator and his adversary by agreement between themselves, or otherwise, to determine which one should hold the office. Neither was elected. Under these circumstances, relator was not entitled to the writ. Such has been the decision in each case we have been able to find where this question was before the court. *Beck v. Board of Election Commissioners,*103 Mich. 192; *State v. Adams,*2 Stew. (Ala.) 231; *Hammock v. Barnes,*4 Bush (Ky.), 390; *Reed v. Cosden,*1 Clarke & Hall Elec. Cas. (Md.) 353.

The judgment of the district court refusing the peremp*201tory order and dismissing relator’s case was right, and we recommend that it be affirmed.

Duffie and Good, CO., concur.

By the Court: For the reasons given in the foregoing opinion, the judgment of the district court is

Affirmed.
EXHIBIT 32.1

CERTIFICATION

PURSUANT TO SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF

THE UNITED STATES CODE AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q of
BankUnited Financial Corporation, a Florida corporation (the Company), for the three months ended December 31, 2007, as filed with the Securities and Exchange Commission (the SEC) on or about the date hereof (the
Quarterly Report), I, Alfred R. Camner, Chief Executive Officer, hereby 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 Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------------

A signed original of this written statement has been provided to the Company and will be retained by the Company and
furnished to the SEC or its staff upon request.



|                        
|------------------------
|CHIEF EXECUTIVE OFFICER 
|                        
|/s/ ALFRED R. CAMNER    
|Alfred R. Camner        
|                        
|Dated: February 11, 2008
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                    
                -                       the agency docket number / agency internal file number                    
                -                       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.                  

###### Department of Health and Human Services

###### National Institutes of Health

      ( print page 59942)    
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following 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 the 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 Institute of Allergy and Infectious Diseases Special Emphasis Panel “Review of an Unsolicited R24 Application”.                    

*Date:*                         October 26, 2004.                    

*Time:*                         1 p.m. to 4 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, Rockledge 6700, 6700B Rockledge Drive, Bethesda, MD 20817 (Telephone Conference Call).                    

*Contact Person:*                         Marc L. Lesnick, PhD, Scientific Review Administrator, Scientific Review Program, Division of Extramural Activities, NIAID/NIH/DHHS, Room 3264, 6700B Rockledge Drive, MSC 7616, Bethesda, MD 20892, (301) 594-6636,                         *ml436d@nih.gov*.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)

Dated: September 29, 2004.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 04-22417  Filed 10-5-04- 8:45 am]

BILLING CODE 4140-01-M
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                    
                -                       the agency docket number / agency internal file number                    
                -                       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.                  

###### Department of Justice

###### Antitrust Division

                    Notice is hereby given that, on September 2, 2004, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), NACE International (“NACE”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the name and principal place of business of the standards development organization and (2) the nature and scope of its standards development activities. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.                

Pursuant to section 6(b) of the Act, the name and principal place of business of the standards development organization is: NACE International, Houston, TX. The nature and scope of NACE's standards development activities are: to prepare consensus standards to serve as voluntary guidelines in the field of prevention and control of corrosion; to provide information to aid in reducing the economic losses resulting from corrosion; and to promote the optimal use of natural resources and materials and to prevent their wastage as a result of corrosion.

Additional information concerning NACE's standards development activities may be obtained from Linda Goldberg, Director, Technical Activities, NACE International, at (281) 228-6221.

Dorothy B. Fountain,

Deputy Director of Operations, Antitrust Division.

[FR Doc. 04-22155  Filed 10-1-04; 8:45 am]

BILLING CODE 4410-11-M
### §396e. Officials authorized to approve leases

The Secretary of the Interior may, in his discretion, authorize superintendents or other officials in the Indian Service to approve leases for oil, gas, or other mining purposes covering any restricted Indian lands, tribal or allotted.

(May 11, 1938, ch. 198, §5, 52 Stat. 348.)

#### **Statutory Notes and Related Subsidiaries**

#### Repeal of Inconsistent Acts

For repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title.

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
EXHIBIT 32.1
 
 CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED
 PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 
 I, Antonio Treminio, President, Chief Executive Officer, Chief Financial Officer and Treasurer of Novo Energies Corporation (the "Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:
 
 (1) the Annual Report on Form 10-K/A of the Company for the year ended March 31, 2010 (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78m or 78o(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: March 1, 2011
  /s/ Antonio Treminio
 Antonio Treminio
 Chief Executive Officer, Chief Financial Officer, Treasurer and
 Acting Principal Accounting Officer
CENTRAL VALLEY OPERATIONS OFFICE

STEELHEAD REPORT

December-07

Note: Bold numbers are not verified by DFG.

Steelhead Estimated Salvage Steelhead Estimated Loss (Incidental Take) Pumpin

Daily SWP Daily CVP Daily Combined Season Combined Daily SWP Daily CVP Daily Combined Season Combined Daily Total 

Tagged No Tag Tagged No Tag Tagged No Tag Tagged No Tag Tagged No Tag Tagged No Tag Tagged No Tag Tagged No Tag In CFS 

DATE Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated

Salvage Salvage Salvage Salvage Salvage Salvage Salvage Salvage Loss Loss Loss Loss Loss Loss Loss Loss

1-Dec-07 0000 0 0 0 0000 00000 2,751 3,707 6,458 

2-Dec-07 0000 0 0 0 0000 00000 2,391 3,722 6,113 3-Dec-07 0000 0 0 0 0000 00000 2,313 3,713 6,026 4-Dec-07 0000 0 0 0 0000 00000 3,080 3,710 6,790 5-Dec-07 0000 0 0 0 0000 00000 2,090 3,714 5,804 6-Dec-07 0000 0 0 0 0000 00000 3,338 3,727 7,065 7-Dec-07 0000 0 0 0 0000 00000 4,726 3,733 8,459 8-Dec-07 0000 0 0 0 0000 00000 5,737 3,708 9,445 9-Dec-07 0000 0 0 0 0000 00000 5,973 3,291 9,264 

10-Dec-07 0000 0 0 0 0000 00000 4,585 3,968 8,554 11-Dec-07 0000 0 0 0 0000 00000 4,326 4,316 8,642 12-Dec-07 0000 0 0 0 0000 00000 4,322 4,236 8,558 13-Dec-07 0000 0 0 0 0000 00000 4,245 4,252 8,496 14-Dec-07 0000 0 0 0 0000 00000 4,974 4,231 9,204 15-Dec-07 0000 0 0 0 0000 00000 3,128 3,761 6,889 

16-Dec-07 0000 0 0 0 0000 00000 3,380 3,553 6,934 

17-Dec-07 0000 0 0 0 0000 00000 3,687 3,065 6,753 

18-Dec-07 0000 0 0 0 0000 00000 3,363 3,727 7,090 

19-Dec-07 0000 0 0 0 0000 00000 3,466 3,746 7,212 20-Dec-07 0000 0 0 0 0000 00000 3,399 3,734 7,132 

21-Dec-07 0000 0 0 0 0000 00000 3,386 3,769 7,156 

22-Dec-07 0000 0 0 0 0000 00000 3,360 3,282 6,642 23-Dec-07 0000 0 0 0 0000 00000 2,124 2,634 4,758 24-Dec-07 0000 0 0 0 0000 00000 2,213 2,657 4,871 25-Dec-07 0000 0 0 0 0000 00000 3,208 2,632 5,840 

26-Dec-07 0000 0 0 0 0000 00000 2,423 2,623 5,046 

27-Dec-07 0000 0 0 0 0000 00000 3,988 2,623 6,611 

28-Dec-07 0000 0 0 0 0000 00000 2,022 1,485 3,507 29-Dec-07 0000 0 0 0 0000 00000 1,327 1,025 2,352 

30-Dec-07 0000 0 0 0 0000 00000 1,344 1,035 2,379 31-Dec-07 0000 0 0 0 0000 00000 1,325 1,024 2,350 

Total 0000 0 0 0 0000 00000 101,996 100,402 202,398 2

Banks Tracy Combined B