alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion issued August 13, 2015

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-15-00632-CV

NO. 01-15-00633-CV

———————————

IN RE D.B., Relator

Original Proceeding on Petition for Writ of Mandamus1

MEMORANDUM OPINION

Relator, De’Jean Bivens, has filed a petition for writ of mandamus, 

challenging the trial court’s order granting certification to try relator as an adult.

We deny the petition for writ of mandamus. See TEX. CODE CRIM. PROC.

ANN. art. 44.47(b) (West 2006).

2 All pending motions are denied.

 1 The respondent is the Honorable Glenn Devlin of the 313th District Court of 

Harris County. The underlying suit is In the Matter of De’Jean Bivens, Nos. 

2014-06438J & 2014-06439J (313th Dist. Ct., Harris County, Tex).
2

PER CURIAM

Panel consists of Justices Jennings, Massengale, and Brown.

 2 The Legislature repealed section 44.47, effective September 1, 2015, but stated 

that “[a]n order waiving jurisdiction and transferring a child to criminal court that 

is issued before the effective date of this Act is governed by the law in effect on 

the date the order was issued.” See Act of May 13, 2015, 84th Leg., R.S., S.B. 

888, § 5 (to be codified as an amendment to TEX. FAM. CODE ANN. § 56.01). 

Because the trial court’s order issued before September 1, 2015, article 44.47 

applies.
UIED STATES NUCLEAR REGULATORY COMMISSION Protecting People and the Environment

Briefing on the Agency

Action Review Meeting

Luis Reyes, EDO

May 30, 2007
A U.S.NRC UNITED STATES NUCLEAR REGULATORY COMMISSION

Protecting People and the Environment

MATERIALS AND

WASTE PROGRAMS

PERFORMANCE

Charles Miller, FSME
Objective

° Provide a summary of trending

analysis on FY 2006

reportable events for the

materials and waste

programs.

* Address issues identified by

the Commission in the review

of the annual licensee

performance report.

3
Elements of the AARM

*NRC Management Directive

8.14

Review of agency actions:

-Significant nuclear material

issues and licensee trends

(SECY-07-0066)

-Individual licensees that

meet SECY 02-0216 criteria.

4
Performance

Evaluation Program

* Systematic review of available

information to identify

significant:

- Operational performance

trends

- Licensee performance issues

- NRC program issues/gaps

5
Performance Criteria

" Strategic Outcomes

" Performance Measures

" Abnormal Occurrences

" Significant Enforcement Actions

" SECY-02-0216 Criteria

-Significant licensee performance

issues

-NRC program gaps

" Trending review of Event Data

6
Strategic Outcomes and

Performance Measures

9 All goals were met in FY 2006

7
Abnormal Occurrences

20

19

18

17 --

16 --

15 --

14

13 --

12 --

11-I

10

9

8

7

6

5

4

3

2

1

0

FII

N

PENER

yr avg.

i

1999 2000 2001 2002 2003 2004 2005 2006

Elevated External Radiation Levels / Removable Contamination

Fuel Cycle Facility

Personnel Overexposure

Medical / Dose to Embryo

8
Significant NRC

Enforcement Actions

7

6 -

5

4

3

2

0

yr avg.

(3.5) II U!

2001

Severity Level I

2002 2003

Severity Level II

2004 2005 2006

9
Licensee Performance

Issues/ NRC Program Gaps

" One nuclear materials licensee

met the significant

performance issues criteria

" No significant trending issues

identified

" No NRC program gaps or

failures identified

10
Trending Review of

Event Data

" Reviewed 4 years (10/01/02 to

9/30/06), 1,972 events during this

period.

" No significant performance trends

identified.

" No significant change from

previous 4 year period that had

2,038 events.

11
Agreement State and NRC

Event Comparison

* 452 reportable events for FY

2006

- 335 Agreement State Events

(74%)

- 117 NRC Events (26%)

* Consistent with number of

licensees (80% Agreement

State and 20% NRC)

12
Unrecovered Lost and

Stolen Sources FY 2006,

by Source Category

25"8°/€•22.5%

/Category 4

51.6%

-"Other" category represents sources that are not listed in Appendix P of 10 CFR 110 or IAEA Code of

Conduct and are sources that are not of significant concern.

13
Conclusion

" All strategic and performance

goals met in FY 2006

" No adverse performance

trends identified

* NRC and Agreement State

Programs providing effective

oversight

14
'A 1 6

List of Acronyms

*AARM Agency Action Review

Meeting

" AO - Abnormal Occurrence

" EDO - Executive Director for

Operations

* FSME - Office of Federal and State

Environmental Management

Programs

• FY - Fiscal Year

* NMED - Nuclear Materials Events

Database

15
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, D.C. 20555-0001 E-mail: opa@nrc.gov 

Web Site: http://www.nrc.gov

 

No. 06-074 May 30, 2006

NRC ADVISORY COMMITTEE ON NUCLEAR WASTE

TO MEET IN ROCKVILLE, MARYLAND, JUNE 6-7

The Nuclear Regulatory Commission’s Advisory Committee on Nuclear Waste (ACNW) will

meet June 6-7 in Rockville, Md., to discuss matters related to the reprocessing of spent nuclear fuel.

The committee will receive briefings on theory and technology used in the past for reprocessing, as

well as the implications of the Department of Energy’s Nuclear Fuel Recycling Program for NRC

regulations.

The committee reports to and advises the Commission on all aspects of nuclear waste

management.

The session on Tuesday will run from 1 p.m. to 6 p.m. and the session on Wednesday will run

from 8:30 a.m. to 4 p.m. The meeting will be held in Room T-2B3 of the agency’s Two White Flint

North Building, at 11545 Rockville Pike.

Anyone requiring the use of video teleconferencing to observe the meeting should contact

Theron Brown, at 301-415-8066 to ensure availability.

A complete agenda will be available on the NRC’s Web site at this address:

http://www.nrc.gov/reading-rm/doc-collections/acnw/agenda/2006/ . Individuals interested in making

statements or those seeking more information should contact Michael Snodderly, at 301-415-6927. 

# # #
NRC NEWSUNITED STATES NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS, REGION II61 Forsyth Street SW, Atlanta GA 30303

Web Site: www.nrc.gov

No. II-07-002                                                           January 12, 2007CONTACT: Ken Clark (404)562-4416       E-mail: OPA2@nrc.gov

Roger Hannah (404)562-4417

NRC TO MEET WITH U.S. ENRICHMENT CORPORATIONTO DISCUSS PERFORMANCE AT PADUCAH GASEOUS DIFFUSION PLANT

Nuclear Regulatory Commission officials have scheduled a meeting with officials of the UnitedStates Enrichment Corporation in Paducah, Ky., on Jan. 17 to discuss the NRC’s latest review ofregulatory safety performance at the Paducah Gaseous Diffusion Plant.

The meeting is scheduled to begin at 9:00 a.m. (CST) in the second floor meeting room of theMcCracken County Library, 555 Washington Street, in Paducah. Interested members of the public canattend and observe the discussion, and there will be an opportunity to ask questions or make commentsto the NRC staff after the business portion but before the meeting is adjourned.

The NRC assessment is called a Licensee Performance Review and covers the period ofoperation from September 26, 2004 to October 4, 2006.  

The NRC staff evaluated performance at the Paducah plant in four major areas: SafetyOperations, Radiological Controls, Facility Support and Licensing. NRC officials said the reviewdetermined that the Paducah plant continued to conduct its activities in a safe manner, and the agencywill discuss details of the review with company officials at the meeting.

“These meetings give NRC officials a chance to discuss with the company the overallperformance at the plant and any concerns we might have,” said Victor McCree, Deputy RegionalAdministrator for Operations for the NRC’s Atlanta regional office. 

Interested persons may obtain a copy of the results of the review from the NRC by writing,calling or emailing the NRC Region II Office of Public Affairs in Atlanta, using the contactinformation listed above, or electronically from the NRC’s Agencywide Document Access andManagement System (ADAMS), accessible from the NRC Web site at www.nrc.gov/reading-rm/adams.html . The ML Access Number is ML063480508.

###

News releases are available through a free list serve subscription at the following Web address: http://www.nrc.gov/public-involve/listserver.html .  The NRC homepage at www.nrc.gov also offers a SUBSCRIBE link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site.
#### Judith Morgan, Respondent, v. J. Gerson Shaff, Appellant.

Present — Peck, P. J., Dore, Cohn, Van Voorhis and Shientag, JJ.
§ 550.1507 Agency responsibilities. To efficiently and effectively implement the provisions of the law and these regulations, an agency that wishes to furnish a flag pursuant to this part must — ( a ) Establish procedures for procuring and furnishing a flag, including reaching out to survivors of known eligible employees to provide information and offer assistance on obtaining a flag;
( b ) Notify its employees of the flag benefit annually; and
( c ) Disclose information necessary to prove that a deceased individual is an eligible employee as described in § 550.1504 to the extent that such information is not classified and to the extent that such disclosure does not endanger the national security of the United States.
* This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. This court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### JAN 13 1998 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT
BERNARD HORNE, Plaintiff - Appellant, v. ROY ROMER, Governor of the State of Colorado, Defendant - Appellee. No. 97-1234 (D.C. No. 92-K-1470) (District of Colorado)

ORDER AND JUDGMENT *

Before PORFILIO , KELLY , and HENRY , Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument. This is an appeal from the dismissal of the remaining claim in a pro se civil rights complaint. Although Mr. Horne raises issues on matters other than the order of dismissal- 2 -

dated May 20, 1997, our appellate jurisdiction is circumscribed to the contents of the notice of appeal. Fed. R. App. P. 3(c) (the notice of appeal must designate the order appealed from). Inasmuch as the notice filed by Mr. Horne designates the order of May 20 as the order appealed from, we have no jurisdiction over matters beyond that order. The district court’s order is predicated upon a finding that the only issue remaining in Mr. Horne’s complaint after previous rulings of the court was a request for injunctive relief from conditions in an institution to which Mr. Horne was no longer confined. The court properly reasoned that request was moot. Preiser v. Newkirk , 422 U.S. 395, 401 (1975). The dismissal was not erroneous because no justiciable controversy remained to be litigated. AFFIRMED.

ENTERED FOR THE COURT

John C. Porfilio Circuit Judge
§ 536.306 Limitation on retained rates. ( a ) A retained rate may not at any time exceed the rate payable for level IV of the Executive Schedule.
( b ) When an employee's retained rate is limited under this section, an agency may not apply this subpart or the provisions of any other law or regulation to the rate of basic pay the employee would have received but for this limitation.
Exhibit 32

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2003

In connection  with the  Quarterly  Report of China Media Group  Corporation,  a
Texas  corporation (the "Company") on Form 10-QSB for the period ended March 31,
2006, as filed with the  Securities  and Exchange  Commission on the date hereof
(the "Report"), Con Unerkov, Chief Executive Officer and Chief Financial Officer
of the Company,  certifies to the best of his  knowledge,  pursuant to 18 U.S.C.
ss.. 1350, as adopted  pursuant to ss.. 906 of the  Sarbanes-Oxley  Act of 2003,
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 consolidated  financial condition and result
            of operations of the Company.

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


/s/ Con Unerkov
--------------------------
Con Unerkov
Chief Executive Officer and Chief Financial Officer
July 18, 2006
EXHIBIT 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Bruker Corporation (the "Company") on Form 10-K/A (Amendment No. 1) for the year ended
December 31, 2015, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned, Frank H. Laukien, President, Chief Executive Officer and
Chairman of the Board of Directors of the Company, and Anthony L. Mattacchione, Chief Financial Officer and Senior Vice President of the Company, certifies, pursuant to 18 U.S.C. section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his knowledge:





Date: November 15, 2016

By:

/s/ FRANK H. LAUKIEN, PH.D. Frank H. Laukien, Ph.D. President, Chief Executive Officer and Chairman
(Principal Executive Officer)Date: November 15, 2016

By:

/s/ ANTHONY L. MATTACCHIONE Anthony L. Mattacchione Chief Financial Officer and Senior Vice President
(Principal Financial Officer)


---



QuickLinks
Order entered June 30 , 2021

In The 

### Court of Appeals Fifth District of Texas at Dallas

No. 05

- 21

- 00424

- CV

MARICELA A. PEREZ , ET AL. , Appellant s

V.

ARNS INVESTMENTS, LLC , Appellee

On Appeal from t he County Court at Law No. 3

Dallas County, Texas Trial Court Cause No. CC

- 19

- 02341

- C

O RDER

In an effort to determine the timeliness of appellant’s notice of appeal, we

ORDER Janet Wright, Official Court Reporter for County Court at Law No. 3, to
file, b y July 19, 2021 , either the reporter’s records from the hearings conducted on
December 6, 2019 and April 22, 2021 or written verification if either or both of the hearings were not recorded.

We DIRECT the Clerk of this Court to send a copy of this order to Ms. Wright and all parties.

/s/ KEN MOLBERG JUSTICE
EXHIBIT 13.2

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANESOXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

In connection
with the annual report on Form 20-F of Yanzhou Coal Company Limited (the Company) for the year ended December 31, 2015 as filed with the Securities and Exchange Commission on the date hereof, I, ZHAO Qingchun, 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, to the best of my knowledge:



|(1) | The annual 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 annual report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                        
|-------------------- |  | -----------------------
|Date: April 26, 2016
|                     | 
|By:                  |  | /s/ ZHAO Qingchun      
|Name:                |  | ZHAO Qingchun          
|Title:               |  | Chief Financial Officer
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 Transportation

###### Federal Aviation Administration

# AGENCY:

Federal Aviation Administration, DOT.

# ACTION:

Notice.

# SUMMARY:

The Federal Aviation Administration (FAA) announces May 1, 2004, as the deadline for each airport sponsor to notify the FAA that it will use its fiscal year 2004 entitlement funds to accomplish projects identified in the Airports Capital Improvement Plan that was formulated in the spring of 2003.

# FOR FURTHER INFORMATION CONTACT:

Mr. Barry Molar, Manager, Airports Financial Assistance Division, Office of Airport Planning and Programming, APP-500, on (202) 267-3831.

# SUPPLEMENTARY INFORMATION:

                    Section 47105(f) of Title 49, United States Code, provides that the sponsor of each airport to which funds are apportioned shall notify the Secretary by such time and in a form as prescribed by the Secretary, of the sponsor's intent to apply for the funds apportioned to it (entitlements). This notice applies only to those                           ( print page 5652)                        airports that have received such entitlements, except those nonprimary airports located in designated Block Grant States. Notification of the sponsor's intent to apply during fiscal year 2004 for any of its available entitlement funds including those unused from prior years, shall be in the form of inclusion of projects for fiscal year 2004 in the Airports Capital Improvement Plan.                

This notice is promulgated to expedite and prioritize grants in the final quarter of the fiscal year. Absent an acceptable application by May 1, 2004, FAA will defer an airport's entitlement funds until the next fiscal year. Pursuant to the authority and limitations in section 47117(f), FAA will issue discretionary grants in an aggregate amount not to exceed the aggregate amount of deferred entitlement funds. Airport sponsors may request unused entitlements after September 30, 2004.

Issued in Washington, DC, on September 30, 2004.

Barry Molar,

Manager, Airports Financial Assistance Division.

[FR Doc. 04-2446  Filed 2-4-04; 8:45 am]

BILLING CODE 4910-13-M
§ 532.307 Determinating whether a dominant industry exists in a wage area. ( a ) The chairperson of the local wage survey committee shall, before a full-scale wage survey is scheduled to begin, notify all appropriated or nonappropriated fund activities having employees subject to the wage schedules for which the survey is conducted so that organizations and individuals may submit written recommendations and supporting evidence to the local wage survey committee concerning principal types of appropriated or nonappropriated fund positions in the area. Each appropriated or nonappropriated fund activity shall publicize the opportunity to make such recommendations.
( b ) ( 1 ) Before conducting a full-scale wage survey an occupational inventory of employees subject to the wage schedules for which the survey is conducted shall be obtained from each appropriated or nonappropriated fund activity in the area having such employees.
( 2 ) After reviewing the occupational inventory and considering the recommendations received pursuant to paragraph (a) of this section, the local wage survey committee shall formulate its recommendations and prepare a written report concerning the existence of specialized industries within the wage area.
( 3 ) The report of the recommendations, the occupational inventory, and the recommendations and supporting evidence received pursuant to paragraph (a) of this section shall be forwarded to the lead agency.
( c ) The lead agency shall refer the occupational inventory and the reports received pursuant to paragraph (b) of this section to the agency wage committee for its consideration and recommendation if: ( 1 ) The lead agency proposes not to accept the recommendation of the local wage survey committee concerning the specifications of the local wage survey; or
( 2 ) The local wage survey committee's report is accompanied by a minority report.
( d ) The lead agency shall determine, in writing, after taking into consideration the reports and recommendations received under paragraphs (b) and (c) of this section, and prior to ordering a full-scale wage survey to begin, whether the principal types of appropriated or nonappropriated fund positions in a local wage area comprise a dominant industry. The determination shall remain in effect until the next full-scale wage survey in the area.
[46 FR 21344, Apr. 10, 1981, as amended at 55 FR 46179, Nov. 1, 1990]
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-2334

ALEXANDER HOUSE APARTMENTS, c/o McShea Management, Inc., 

 Plaintiff – Appellee, 

 v. 

RAHEEM MUHAMMAD, 

 Defendant – Appellant. 

Appeal from the United States District Court for the District of 

Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. 

(8:08-cv-03076-DKC) 

Submitted: November 5, 2009 Decided: December 17, 2009 

Before NIEMEYER, MOTZ, and KING, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Raheem Muhammad, Appellant Pro Se. Geoffrey Townsend Hervey, 

BREGMAN, BERBERT, SCHWARTZ & GILDAY, LLC, Bethesda, Maryland, 

for Appellee. 

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Raheem Muhammad seeks to appeal the district court’s 

order remanding this case back to state court. Because the 

remand order was based on a lack of subject-matter jurisdiction, 

we conclude we lack jurisdiction over this appeal. See 28 

U.S.C. § 1447(d) (2006); Things Remembered, Inc. v. Petrarca, 

516 U.S. 124, 127-28 (1995); Ellenburg v. Spartan Motors 

Chassis, Inc., 519 F.3d 192, 196 (4th Cir. 2008); Borneman v. 

United States, 213 F.3d 819, 824-25 (4th Cir. 2000). 

Accordingly, we grant Appellee’s motion to dismiss 

appeal, deny Muhammad’s motion for stay pending appeal and 

motion to strike, and we dismiss the appeal. We dispense with 

oral argument because the facts and legal contentions are 

adequately presented in the materials before the court and 

argument would not aid the decisional process. 

DISMISSED
#### Sam Rice and Others v. Edwin D. Miner.

Motion denied, with ten dollars costs. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.