alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-23-00383-CV

IN RE Khusro RASHID, M.D., Relator

Original Proceeding1

PER CURIAM

Sitting: Irene Rios, Justice

Beth Watkins, Justice

Liza A. Rodriguez, Justice

Delivered and Filed: May 31, 2023

PETITION FOR WRIT OF MANDAMUS DENIED

On April 19, 2023, relator filed a petition for writ of mandamus. Relator also filed a motion 

for stay of the underlying proceeding pending final resolution of the petition for writ of mandamus. 

After considering the petition and the record, this court concludes relator is not entitled to the relief 

sought. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).

Relator’s motion for stay is denied as moot.

PER CURIAM

1

This proceeding arises out of Cause No. 2020-CI-09445, styled Anna Marie Moreno, Individually, on Behalf of All 

Heirs of, and on Behalf of All Wrongful Death Beneficiaries of Rafael Angel Guerra Jr., Deceased v. New San Antonio 

Specialty Hospital LLC d/b/a Lifecare Hospitals of San Antonio, Texas IPS Medical Services, PA,. Randall Bell, MD, 

and Khusro Rashid, MD, pending in the 438th Judicial District Court, Bexar County, Texas, the Honorable Rosie 

Alvarado presiding.
"Clark, Deborah"

<DClark@votepinellas.com>

08/18/2010 02:36 PM To <testimony@eac.gov>

Subject Written testimony on proposed NVRA regulations

U.S. Election Assistance Commission:

We are providing the following written testimony on the proposed NVRA regulations:

Page 9

– Part B “Additional Information Required” and Page 19 Question 2

Question

– “Will you be 18 years of age on or before election day?”

We believe the question is too vague. To which election day is the voter referring? The

application will be processed based on the birth date provided on the application. If states

have pre

‐ registration laws, and the applicant is eligible, he/ she will be pre

‐ registered to vote. If

states do not have pre

‐ registration laws, the applicant should be notified that he/she is not

eligible. We suggest removing the question from the application.

Current Application Instructions:

Box 6

– ID Number

We suggest the following language “If you have neither a drivers license nor a social security

number, please indicate this NONE on the form and a number will be assigned to you by your

state.”

Current "Application Instructions," the application itself, and "State Information:"

We suggest adding "political" to all places where "party" is discussed. Example

‐ Application

Instructions: “Box 7

– Choice of Political Party” and “In some States, you must register with a

political party if you...”

We thank you for the opportunity to provide written testimony. If you have any questions or

concerns, please contact Rick Becker at (727) 464

‐ 6108.

Deborah Cla rk/J

Pinellas County Supervisor of Elections

13001 Starkey Rd.

Largo, Florida 33773

(727) 464

‐ 4987

dclark@votepinellas.com
#### 552.216-76 [Reserved]
908.7106 Security cabinets. ( a ) Acquisitions of security cabinets shall be in accordance with FPMR 41 CFR 101-26.507 and the “prerequisites to ordering” criteria contained in FPMR 41 CFR 101-25.302-2 and DOE-PMR 41 CFR 109-25.302.
( b ) Fixed-price prime contractors and lower tier subcontractors may use GSA acquisition sources for security cabinets in accordance with 48 CFR part 51.
[49 FR 11945, Mar. 28, 1984; 49 FR 38950, Oct. 2, 1984, as amended at 74 FR 36362, July 22, 2009; 76 FR 7691, Feb. 11, 2011]
#### GLAZER, Appellant, v. HOME INS. CO., Respondent.

(Supreme Court, Appellate Division, First Department.

June 25, 1906.)

Action by Joseph &lazer against the Home Insurance Company.

No opinion. Motion granted. Order filed.
**Exhibit 13.01**

** **

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Annual Report of BRF S.A. (the “Company”) on Form 20-F forthe fiscal year ended December 31, 2017, as filed with the U.S. Securities andExchange Commission on the date hereof (the “Report”), I, Lorival Nogueira LuzJúnior, Global Chief Executive and Financial and Investor Relations Officer,certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906of the U.S. Sarbanes-Oxley Act of 2002, that to my knowledge:

 

(i)   the Report fullycomplies with the requirements of Section 13(a) or 15(d) of the U.S. SecuritiesExchange Act of 1934; and

 

(ii)  the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

By: [/s/ LorivalNogueira Luz Júnior]

 

Name: Lorival Nogueira Luz Júnior

 

Title:   Global Chief Executive and Financial and Investor Relations Officer

 

 

 

April[27], 2018
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## Breadcrumb

            -           Resource: Cyberbullying: What Parents Can Do      

# Resource: Cyberbullying: What Parents Can Do

This blog post provides parents with tips on how to start a conversation with their child about cyberbullying and walks them through potential problems or risks their child might experience. It provides guidance on how to stay informed about the rapidly changing technology used for online interactions and cyberbullying. This blog post was developed in follow up to a post on Tools for Parents regarding cyberbullying. 

http://www.stopbullying.gov/blog/2018/01/09/cyberbullying-part-2-what-parents-can-do.html?utm_source=JUVJUST012918&utm_medium=federal-links&utm_campaign=Resource
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 19

- 40779 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
SERGIO DANIEL SERRANO

- LOPEZ , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:18

- CR

- 1266

- 2

Before WIENER, HAYNES, and COSTA, Circuit Judges. PER CURIAM: * Sergio Daniel Serrano

- Lopez challenges his 40

- month sentence for aiding and abetting the smuggling of defense articles from the United States.
That sentence includes a slight downward departure based on famil y ties and responsibilities (U.S.S.G. § 5H1.6, p.s.) and offender circumstances not ordinarily relevant but deemed exceptional in the defendant’s case (U.S.S.G. 5K2.0(a)(4)). On appeal, Serrano

- Lopez argues that he should have received a

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under t he limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 10, 2020 Lyle W. Cayce Clerk Case: 19-40779 Document: 00515448287 Page: 1 Date Filed: 06/10/2020No. 19

- 40779

2 more substantial departure on the ground that the State Department has proposed that below .50 caliber ammunition and magazines be removed from
the United States Munitions List.
We have jurisdiction to review a district court’s d ecision not to depart downward from the applicable guidelines range only if the district court based
its decision on a mistaken belief that it lacked the authority to depart. See United States v. Sam , 467 F. 3d 857, 861 (5th Cir. 2006). Recognizing th is
l imited path for challenging a refusal to depart, Serrano

- Lopez contends that
the district court believed that it lacked authority to depart based on a possible future change in the law . But he has not demonstrated that the district court
held such an erro neous belief. Nothing in the record indicates that the district
court wished to grant Serrano

- Lopez a downward departure pursuant to §
2M5.2 or § 5K2.0(a) based on the State Department’s proposed rule change,
but mistakenly believed it could not

. Rather, the record reflects that the
district court did not believe a further departure was warranted under the facts and circumstances of the case

. We therefore may not consider any argument challenging the district court’s decision to deny Serrano

- Lopez’s request for a downward departure. See Sam , 467 F.3d at 861. Accordingly, the appeal is DISMISSED for lack of jurisdiction. Case: 19-40779 Document: 00515448287 Page: 2 Date Filed: 06/10/2020
#### § 1001.9 Handler.

See § 1000.9.
FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D2023-2891

LT Case No. 2007-CF-7026-A

_____________________________

GLENN HAROLD,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________ 

3.850 Appeal from the Circuit Court for Duval County. 

Jonathan D. Sacks, Judge. 

W. Charles Fletcher, of Fletcher Law, Jacksonville, for Appellant.

Ashley Moody, Attorney General and Damaris E. Reynolds,

Assistant Attorney General, Tallahassee, for Appellee. 

May 31, 2024

KILBANE, J.

Glenn Harold, (“Appellant”), appeals the summary denial of 

his Florida Rule of Criminal Procedure 3.850 motion for 

postconviction relief, in which he alleged a claim of newly 

discovered evidence in the form of a witness affidavit. Appellant 

attached an affidavit from a witness who testified that she was 

present at the time of the incident, witnessed the altercation 

between Appellant and the victim, and explained why she had not 
2

previously come forward. Because the affidavit is not inherently 

incredible and the record does not conclusively refute this claim, 

we reverse.

Summary denial is rarely appropriate if the trial court needs 

to assess the credibility of the new testimony. McLin v. State, 827 

So. 2d 948, 955 (Fla. 2002). Likewise, the second prong of the 

newly discovered evidence inquiry typically requires an 

evidentiary hearing. Id. at 956. If the affidavit is “inherently 

incredible” or the new evidence is “obviously immaterial,” the court 

may summarily deny the motion. Id.

The State argues that the trial court could weigh the evidence

presented at trial against the new evidence and summarily deny 

the claim with attachments. However, this Court recently found 

that the trial court may do so only to the extent the evidence 

presented at trial conclusively refutes the claim and the pertinent 

portions of the record are attached to the order. Collins v. State, 

369 So. 3d 1231, 1234 (Fla. 5th DCA 2023). Here, although the 

trial evidence contradicted portions of the affidavit, it did not 

conclusively refute the affidavit. See Himes v. State, 310 So. 3d 

542, 545 (Fla. 1st DCA 2021) (“[T]he mere fact that an affidavit is 

contradicted by trial testimony is also not necessarily grounds for 

a summary denial.” (citing Coley v. State, 74 So. 3d 184, 185 (Fla. 

2d DCA 2011); Lamar v. State, 768 So. 2d 500, 501 (Fla. 2d DCA 

2000))). 

Accordingly, since the affidavit is not inherently incredible 

and court records do not conclusively refute the claim, the trial 

court should have stricken the motion with leave to amend to 

sufficiently allege due diligence and if sufficiently alleged, set the 

matter for an evidentiary hearing. We therefore reverse the trial 

court’s order summarily denying Appellant’s motion for 

postconviction relief and remand for further proceedings.

REVERSED AND REMANDED.

LAMBERT and MACIVER, JJ., concur.
3

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
#### Stevan Barbul et al., Respondents, v Mahrokh Songhorian, Appellant, et al., Defendant.

[776 NYS2d 806]

Order, Supreme Court, Bronx County (Anne E. Targum, J.), entered March 28, 2003, which, in an action for personal injuries, insofar as appealed from, denied defendant-appellant premises owner’s motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

Issues of fact exist as to whether appellant created and/or had notice of the condition that allegedly allowed water from inside appellant’s building to leak down an outside wall of the building and freeze in the alley where plaintiff fell (see *Haramis v Mount Sinai Med. Ctr.,*284 AD2d 150 [2001]). Concur—Nardelli, J.P, Lerner, Friedman, Marlow and Gonzalez, JJ.
#### Morris Forman, trading as Forman’s Furniture Store, appellee, v. Frank Balsamo, appellant.

Gen. No. 33,348.

*625Opinion filed January 2, 1930.

Myron E. Wisch, for appellant; Sidney B. Tarkoff and Nathan Einhorn, of counsel. Crow & Loeff, for appellee; Hyman Reeder, of counsel.

Mr. Justice Ryner

delivered the opinion of the court.
I 

118TH CONGRESS 

2D SESSION H. R. 10482 

To amend the San Joaquin River Restoration Settlement Act to extend 

provisions related to the Calaveras, Stanislaus, Tuolumne, Merced, and 

San Joaquin rivers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 18, 2024 

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

Committee on Natural Resources 

A BILL 

To amend the San Joaquin River Restoration Settlement 

Act to extend provisions related to the Calaveras, 

Stanislaus, Tuolumne, Merced, and San Joaquin rivers, 

and for other purposes. 

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

3 SECTION 1. EXTENSION OF TERM. 

4 Section 10011(e)(1) of the San Joaquin River Res5 toration Settlement Act is amended by striking ‘‘Decem6 ber 31, 2025’’ and inserting ‘‘December 31, 2045’’. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
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## Breadcrumb

            -           Spring Break: Be Smart, Be Safe      

# Spring Break: Be Smart, Be Safe

The State Department is providing students with tips to be smart and safe as they plan a spring break vacation. 

http://www.state.gov/r/pa/prs/ps/2012/02/183897.htm
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



In connection with the Quarterly Report
of Duke Energy Ohio, Inc. (Duke Energy Ohio) on Form 10-Q for the period ending September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, David L. Hauser, Group Executive
and Chief Financial Officer of Duke Energy Ohio, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

| | (1) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------

| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Duke Energy Ohio.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                             
|-------------------------------------------------------------
|                                                             
|/s/    DAVID L. HAUSER                                       
|David L. Hauser                                              
|Group Executive and Chief Financial Officer November 13, 2008
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-1333
BERNARD J. SCHULTE, on behalf of himself and all others similarly situated, and derivatively on behalf of Oxford Tax Exempt Fund Limited Partnership; GEORGE A. CRAIG, on behalf of himself and all others similarly situated, Plaintiffs - Appellees,
versus
OXFORD DEVELOPMENT CORPORATION; LEO E. ZICKLER; OXFORD TAX EXEMPT FUND I CORPORATION; OXFORD FUND II L IMITED PARTNERSHIP; OXFORD INVESTMENT CORPORATION; OXFORD INVESTMENT II CORPORATION; OXFORD EQUITIES CORPORATION; OXFORD TAX EXEMPT FUND II LIMITED PARTNERSHIP; OXFORD TAX EXEMPT FUND LIMITED PARTNERSHIP; OXFORD TAX EXEMPT FUND II CORPORATION, a Maryland Corporation; OXFORD REALTY FINANCIAL GROUP, INCORPORATED, a Maryland Corporation; OXFORD DEVELOPMENT CORPORATION, a Maryland Corporation; OXFORD BETHESDA II LIMITED PARTNERSHIP, a Maryland limited partnership, Defendants - Appellees,
versus JOAN KING, Individually and as state class representative, Movant - Appellant.2 Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nicke rson, District Judge. (CA-95-3643-WMN) Submitted: February 10, 1998 Decided: February 24, 1998 Before MURNAGHAN, NIEMEYER, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. Joan King, Appellant Pro Se. Charles Juster Piven, LAW OFFICE OF CHARLES J. PIVEN, Baltimore, Maryland; Kenneth George Gilman, David Pastor, GILMAN & PASTOR, Boston, Mas sachusetts; Daniel Charles Girard, GIRARD & GREEN, P.C., San Francisco, California; Andrew Bennett Weissman, Robert Franklin Hoyt, Robert Bruce McCaw, WILMER, CUTLER & PICKERING, Washington, D.C.; Charles Jay Landy, SHAW, PITTMAN, POTTS & TROWBRIDGE, Washington, D.C., for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).3 PER CURIAM: Appellant appeals the district court's order approving the settlement agreement in this securities fraud class action suit. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Schulte v. King , No. CA-95-3643-WMN (D. Md. Feb. 23, 1997); see In re Jiffy Lube Securities Litig. , 927 F.2d 155 (4th Cir. 1991); Flinn v. FMC Corp. , 528 F.2d 1169 (4th Cir. 1975).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.

AFFIRMED
#### § 1.188 Awards against other agencies.

If an applicant is entitled to an award because it prevails over another agency of the United States that participates in a proceeding before the Department and takes a position that is not substantially justified, the award or an appropriate portion of the award shall be made against that agency.
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## Breadcrumb

            -           4-H Afterschool      

# 4-H Afterschool

4-H Afterschool is a special focused effort within the 4-H Youth Development Program that helps 4-H and other youth-serving organizations create and improve after-school programs in urban, suburban, and rural communities across the United States.

http://www.4-h.org/youth-development-programs/4-h-afterschool/