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

San Antonio, Texas

MEMORANDUM OPINION

No. 04-23-00059-CR

IN RE Miguel Angel GOMEZ-GARCIA

Original Proceeding1

PER CURIAM

Sitting: Patricia O. Alvarez, Justice

Irene Rios, Justice

Lori I. Valenzuela, Justice

Delivered and Filed: March 29, 2023

PETITION FOR WRIT OF MANDAMUS DENIED

On January 17, 2023, relator filed a petition for writ of mandamus. Relator also filed an 

emergency motion to stay the underlying proceedings pending disposition of the petition for writ 

of mandamus, which this court granted in part on January 17, 2023. 

For mandamus relief in a criminal case, a relator has the burden to show the trial court 

violated a ministerial duty and there is no adequate remedy at law. See State ex rel. Young v. Sixth 

Jud. Dist. Ct. of Apps. at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. 

proceeding). A trial court has a ministerial duty to rule on a properly filed and timely presented 

motion. See id. However, a relator has the burden of providing this court with a sufficient record. 

See TEX. R. APP. P. 52.7(a)(1). A relator must provide the court of appeals with a record showing 

1 This proceeding arises out of Cause No. 12813CR, styled State of Texas v. Miguel Angel Gomez-Garcia, pending in 

the County Court, Kinney County, Texas, the Honorable Todd Alexander Blomerth presiding.
04-23-00059-CR

- 2 -

the motion at issue was properly filed, the trial court was made aware of the motion, and the motion 

has not been ruled on by the trial court for an unreasonable time period. See In re Mendoza, 131 

S.W.3d 167, 167–68 (Tex. App.—San Antonio 2004, orig. proceeding); Barnes v. State, 832 

S.W.2d 424, 426–27 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding).

Here, the record contains a copy of relator’s motion. However, the copy of relator’s motion 

is not file-stamped and this record does not establish that the trial court was aware of relator’s 

motion or that the trial court has failed to rule for an unreasonable period of time. See id. Based on 

the record before us, relator has not satisfied his mandamus burden. Accordingly, the petition for 

writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). The stay imposed on January 17, 2023 is 

lifted.

PER CURIAM

DO NOT PUBLISH
Exhibit 35
                                  ----------


                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWABS, INC.
                 CWABS ASSET-BACKED CERTIFICATES TRUST 2006-15
                   ASSET-BACKED CERTIFICATES, SERIES 2006-15


     The undersigned does hereby certify that the undersigned is an officer of
Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing LP
(the "Master Servicer"), and does hereby further certify pursuant to Section
3.17 of the Pooling and Servicing Agreement for the above-captioned Series
(the "Agreement") that:

(i) A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the
Agreement has been made under my supervision; and

(ii) To the best of my knowledge, based on such review, the Master Servicer
has fulfilled all of its obligations under the Agreement in all material
respects throughout such calendar year.




/s/ Craig Baingo                                  Dated: March 14, 2007
-----------------

Craig Baingo
Executive Vice President, Finance
#### § 760.1109 Recordkeeping and inspections.

Participants receiving payments under this subpart or any other person who furnishes information for the purposes of enabling the participant to receive a payment under this subpart must maintain any books, records, and accounts supporting that information for a minimum of 3 years following the end of the year during which the application for payment was filed. Participants receiving payments or any other person who furnishes the information to FSA must allow authorized representatives of USDA and the General Accounting Office, during regular business hours, and to enter upon, inspect, examine, and make copies of the books or records, and to inspect and verify all applicable livestock and acreage in which the participant has an interest for the purpose of confirming the accuracy of the information provided by or for the participant.
52.247-49 Destination Unknown.       As prescribed in 47.305-5(b)(2), insert the following provision in solicitations when destinations are tentative and only for the purpose of evaluating offers:          Destination Unknown (Apr 1984)          For the purpose of evaluating offers and for no other purpose, the final destination(s) for the supplies will be considered to be as follows: __________________________          (End of clause)    **Parent topic:** 52.247 [Reserved]
CAUSE NO. : 12–15–00068–CR

 § IN THE TWELFTH COURT

 §

 § OF APPEALS DISTRICT

 §

ANDREW WHITAKER

vs. 

THE STATE OF TEXAS § TYLER, TEXAS

MOTION FOR EXTENSION OF TIME

TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:

COMES NOW, Andrew Whitaker, the Appellant, in the above–styled and numbered 

cause, and pursuant to Rule 10 of the Rules of Appellate Procedure, files this motion requesting 

that the Court extend the time for filing the Appellant’s brief in this cause, and in support shows 

as follows:

A.

1. The case is on appeal from the 420th Judicial District Court of Nacogdoches

County, Texas.

2. The style and number of the case in the trial court is Cause Number F1521497;

Cause Number F1421007;State of Texas vs. Andrew Whitaker; Case Number: 

12–15–00068–CR & 12--15--00069--CR; Andrew Whitaker vs. The State of 

Texas.

3. The Appellant was charged by indictment with the Third degree felony

offense of Evading Arrest and the State Jail offense of UUMV.

4. Punishment was assessed at confinement in the Texas Department of Criminal

Justice, Institutional Division for thirteen (13) and two (2) years confinement.

5. The present deadline for filing the Appellant’s brief is due June 8, 2015.

6. The Appellant seeks an extension of time of 30 days until July 8, 2015.

7. This is the Appellant’s first motion for extension of time to file the Appellant’s

brief.

B.

This extension is not sought for the purpose of delaying this appeal, but for the following

reasons:

Appellant's attorney has been hospitalized with an unexpected complications from surgery 

CAUSE NO. 12--15--00069--CR

ACCEPTED

12-15-00068-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

6/8/2015 4:22:31 PM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 6/8/2015 4:22:31 PM CATHY S. LUSK Clerk
and requires additional time to complete Appellant’s brief.

C.

On June 8, 2015, by copy of this motion, Appellant’s counsel has advised, via copy of

this motion, the Nacogdoches County District Attorney’s Office of this submission.

WHEREFORE, PREMISES CONSIDERED, Counsel for the Appellant prays that the

Court grant an extension of time to file until July 8, 2015, for filing of Appellant’s brief.

Respectfully submitted,

___________________________________

WINFRED A. SIMMONS, II

115 W. Shepherd Avenue

Lufkin, Texas 75904

(936) 632-3242 (phone)

(936) 632-4325 (fax)

SBN 00794636

Attorney for Appellant

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this Motion for Extension of Time the file

Appellant’s Brief was delivered via facsimile transfer/ hand delivery/ certified mail, to the

Angelina County District Attorneys’s Office, 101 E. Main, Nacogdoches, Texas 75961.

____________________________________

Winfred A. Simmons, II
#### § 51.648 Misshapen.

*Misshapen* means that the fruit is decidedly elongated, pointed or flat sided.
EX-34 (e)
(logo) ERNST & YOUNG

* Ernst & Young LLP
  220 South Sixth Street, Ste. 1400
  Minneapolis, MN 55402-4509

* Phone: (612) 343-1000
  www.ey.com

Report of Independent Registered Public Accounting Firm

We have examined management's assertion, included in the accompanying Report on
Assessment of Compliance with SEC Regulation AB Servicing Criteria, that U.S.
Bank National Association (the Company) complied with the servicing criteria set
forth in Item 1122 (d) of the Securities and Exchange Commission's Regulation AB
for the Corporate Trust Asset Backed Securities platform (the Platform) as of
and for the year ended December 31, 2006, except for criteria 1122 (d)(1)(i),
1122 (d)(1)(iii), 1122 (d)(2)(i) through 1122 (d)(2)(vii), 1122 (d)(3)(i)
through 1122 (d)(3)(iv), and 1122 (d)(4)(iv) through 1122 (d)(4)(xv), which the
Company has determined are not applicable to the activities performed by them
with respect to the servicing platform covered by this report. Management is
responsible for the Company's compliance with those servicing criteria. Our
responsibility is to express an opinion on management's assertion about the
Company's compliance with the servicing criteria based on our examination.

Our examination was conducted in accordance with standards of the Public Company
Accounting Oversight Board (United States) and, accordingly, included examining,
on a test basis, evidence about the Company's compliance with the applicable
servicing criteria and performing such other procedures as we considered
necessary in the circumstances. Our examination included testing of less than
all of the individual asset backed transactions and securities that comprise the
Platform, testing of less than all of the servicing activities related to the
Platform, and determining whether the Company processed those selected
transactions and performed those selected activities in compliance with the
servicing criteria. Furthermore, our procedures were limited to the selected
transactions and servicing activities performed by the Company during the period
covered by this report. Our procedures were not designed to determine whether
errors may have occurred either prior to or subsequent to our tests that may
have affected the balances or amounts calculated or reported by the Company
during the period covered by this report for the selected transactions or any
other transactions. We believe that our examination provides a reasonable basis
for our opinion. Our examination does not provide a legal determination on the
Company's compliance with the servicing criteria.

In our opinion, management's assertion that the Company complied with the
aforementioned servicing criteria as of and for the year ended December 31,
2006, for the Corporate Trust Asset Backed Securities platform is fairly stated,
in all material respects.

/s/ Ernst & Young LLP

February 26, 2007

A Member Practice of Ernst & Young Global
###### Editorial Note on Part 47

#### Editorial Note:

Nomenclature changes to part 47 appear at 64 FR 38108, July 15, 1999.

#### § 47.21 Transmittal of record.

The Hearing Clerk, immediately after the filing of the examiners' report, shall transmit to the Secretary the record of the proceeding. Such record shall include: The pleadings; motions and requests filed, and rulings thereon; the report of investigation conducted by the Fruit and Vegetable Programs; the transcript or record of the testimony taken at the hearing, together with the exhibits filed therein; any statements or stipulations filed under the documentary procedure; any documents or papers filed in connection with conferences; such proposed findings of fact, conclusions, and orders and briefs as may have been permitted to be filed in connection with the hearing as provided in § 47.19(b) and (c); such statements of objections, and briefs in support thereof, as may have been filed in the proceeding; and the examiner's report.

[64 FR 38108, July 15, 1999]
#### § 701.37 Loss of control of the property during the practice life span.

In the event of voluntary or involuntary loss of control of the land by the ECP or EFRP cost-share recipient during the practice life-span, if the person or legal entity acquiring control elects not to become a successor to the ECP or EFRP agreement and the practice is not maintained, each participant who received cost-share assistance for the practice may be jointly and severally liable for refunding any ECP or EFRP cost-share assistance related to that practice. The practice life span, for purposes of this section, includes any maintenance period that is essential to its success.

[69 FR 10302, Mar. 4, 2004, as amended at 75 FR 70088, Nov. 17, 2010]
Case 3:06-cv-00627-WKW-SRW Document 1-2 Filed 07/17/2006 Page 1 of 1
Case 1:03-cv-00734-MEF-SRW Document 13 Filed 10/15/2003 Page 1 of 3
Case 1:03-cv-00734-MEF-SRW Document 13 Filed 10/15/2003 Page 2 of 3
Case 1:03-cv-00734-MEF-SRW Document 13 Filed 10/15/2003 Page 3 of 3
52.251-2 Interagency Fleet Management

System Vehicles and Related Services.

As prescribed in 51.205 , insert the following clause:

Interagency Fleet Management System Vehicles and Related Services (Jan 1991)

The Contracting Officer may issue the Contractor an authorization to obtain interagency fleet

management system (IFMS) vehicles and related services for use in the performance of this

contract. The use, service, and maintenance of interagency fleet management system vehicles and

the use of related services by the Contractor shall be in accordance with 41 CFR 101-39 and 41 CFR

101-38.301-1.

(End of clause)

Parent topic: 52.251 [Reserved]
231.703 Requirements.

Under 10 U.S.C. 4652, the costs cited in 231.205-22 (a) are unallowable.

Parent topic: Subpart 231.7 - CONTRACTS WITH NONPROFIT ORGANIZATIONS
#### § 550.104 Competition.

REE Agencies may enter into non-assistance cooperative agreements, as authorized by this part, without regard to any requirements for competition specified in 2 CFR 200.202 and 200.206. (7 U.S.C. 3318(e)).
225.370 Contracts requiring performance or delivery in a foreign country.       (a)  If the acquisition requires the performance of services or delivery of supplies in an area outside the United States, follow the procedures at PGI                 225.370             (a).          (b)  For work performed in Germany, eligibility for logistics support or base privileges of contractor employees is governed by U.S.-German bilateral agreements.  Follow the procedures at Army in Europe Regulation 715-9, available at http://www.eur.army.mil/g1/content/CPD/docper/docper_germanyLinks.html under “AE Regs & Resources.”          (c)  For work performed in Japan or Korea, see PGI                 225.370             (b) for information on bilateral agreements and policy relating to contractor employees in Japan or Korea.          (d)   For work performed in the U.S. Central Command area of responsibility, follow the procedures for theater business clearance/contract administration delegation instructions at PGI                 225.370             (d).    **Parent topic:** Subpart 225.3 - CONTRACTS PERFORMED OUTSIDE THE UNITED STATES
52.247-24 Advance Notification by the Government.       As prescribed in 47.207-8(a)(1), insert the following clause in solicitations and contracts for transportation or for transportation-related services when the Government is responsible for notifying the contractor of specific service times or unusual shipments:          Advance Notification by the Government (Apr 1984)          The Government will notify the Contractor ___ hours in advance of the number of pieces and weight of all normal shipments and the time the shipment will be available for pickup. On other-than-normal shipments, the Government will furnish additional information; *e.g.,* dimension of oversized pieces, as necessary to determine the amount of equipment and/or manpower needed to perform the required services.          (End of clause)    **Parent topic:** 52.247 [Reserved]
#### §§ 773.11-773.17 [Reserved]
1

 In a hearing held on April 26, 2007, the court determined that defendant’s attorney’s

previous motion to withdraw (Doc. # 204), filed April 19, 2007, should be (and hereby is)

DENIED.

IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) CR. NO. 2:06cr169-WKW

)

DARNELL MONTREZE BROWN )

ORDER

Upon consideration of defendant attorney's renewed1 motion to withdraw (Doc. #

222), filed April 30, 2007, and for good cause, it is

ORDERED that the motion be and hereby is GRANTED, as discussed in the hearing

held on May 9, 2007. Accordingly, it is

ORDERED that CJA panel attorney Charles E. Vercelli, Jr. is appointed to represent

the defendant for all further proceedings. The CJA panel attorney shall file a written notice

of appearance with this Court.

DONE, this 10th day of May, 2007.

/s/ Susan Russ Walker 

SUSAN RUSS WALKER

UNITED STATES MAGISTRATE JUDGE

Case 2:06-cr-00169-WKW-SRW Document 252 Filed 05/10/2007 Page 1 of 1
§ 58.135 Bacterial estimate. ( a ) *Methods of Testing.* Milk shall be tested for bacterial estimate by using one of the following methods or by any other method approved by Standard Methods for the Examination of Dairy Products. ( 1 ) Direct Microscopic clump count;
( 2 ) Standard plate count;
( 3 ) Plate loop count;
( 4 ) Pectin gel plate count;
( 5 ) Petrifilm aerobic count;
( 6 ) Spiral plate count;
( 7 ) Hydrophobic grid membrane filter count;
( 8 ) Impedance/conductance count;
( 9 ) Reflectance calorimetry.
( b ) *Frequency of Testing.* A laboratory examination to determine the bacterial estimate shall be made on a representative sample of each producer's milk at least once each month at irregular intervals. Samples shall be analyzed at a laboratory in accordance with State regulations.
( c ) *Acceptance of milk.* The following procedures shall be applied with respect to bacterial estimates: ( 1 ) Whenever the bacterial estimate indicates the presence of more than 500,000 bacteria per ml., the producer shall be notified with a warning of the excessive bacterial estimate.
( 2 ) Whenever two of the last four consecutive bacterial estimates exceed 500,000 per ml., the appropriate regulatory authority shall be notified and a written warning notice given to the producer. The notice shall be in effect so long as two out of the last four consecutive samples exceed 500,000 per ml.
( 3 ) An additional sample shall be taken after a lapse of 3 days but within 21 days of the notice required in paragraph (c) (2) of this section. If this sample also exceeds 500,000 per ml., subsequent milkings shall be excluded from the market until satisfactory compliance is obtained. Shipment may be resumed when an additional sample of herd milk is tested and found satisfactory.
[67 FR 48975, July 29, 2002]
```

[107th Congress Public Law 285]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ285.107]

[[Page 116 STAT. 2022]]

Public Law 107-285
107th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
 380 Main Street in Farmingdale, New York, as the ``Peter J. Ganci, Jr. 
     Post Office Building''. <<NOTE: Nov. 6, 2002 -  [H.R. 5336]>> 

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

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 380 Main 
Street in Farmingdale, New York, shall be known and designated as the 
``Peter J. Ganci, Jr. Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Peter J. Ganci, Jr. Post 
Office Building''.

    Approved November 6, 2002.

LEGISLATIVE HISTORY--H.R. 5336 (S. 2918):
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 148 (2002):
            Sept. 9, considered and passed House.
            Oct. 17, considered and passed Senate.

                                  <all>
```
Exhibit 10.1






Exhibit 10.1



Fradella Separation Agreement

March 31, 2009





	1.	 	Employment Agreement – Effective immediately, both parties release each other from all terms of the
Fradella employment agreement currently in place. The only exception to that is HSOA will continue to indemnify,
as well as advance legal expenses, Fradella as a result of all claims asserted against him while he was an
Officer, Director and Individual during his employment with HSOA, and/or subsidiaries.






	2.	 	Health Benefit – The Company will continue to pay Fradella and his family’s healthcare benefits for a
period of six months, or until as such time Fradella becomes employed and replaces those benefits.






	3.	 	Lincoln Pick-Up Trucks – Fradella personally guaranteed two Lincoln pick-up trucks that are currently
being used by the Company. The Company can not pay for those and as a result Fradella will takeover those
payments and the vehicles on May 1, 2009.





Agreed and Accepted;



	 
	/s/ Patrick McGeeney                           , 2009

	Patrick McGeeney, Acting Chairman HSOA

	 

	 

	/s/ Frank J. Fradella             April 30, 2009

	Frank J. Fradella CEO, HSOA and Individually







 


3
II 

109TH CONGRESS 

2D SESSION S. 2378 

To amend the Communications Act of 1934 to ensure that tribal libraries 

that receive assistance under the Library Services and Technology Act 

are eligible for E-rate assistance to the same extent as other libraries 

receiving such assistance, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 7, 2006 

Mr. INOUYE (for himself, Mr. STEVENS, Mr. DORGAN, Mr. BURNS, and Mr. 

MCCAIN) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend the Communications Act of 1934 to ensure that 

tribal libraries that receive assistance under the Library 

Services and Technology Act are eligible for E-rate assistance to the same extent as other libraries receiving 

such assistance 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Broadband Data and 

5 E-rate Improvement Act’’. 


ccoleman on PROD1PC71 with BILLS
2 

•S 2378 IS 

1 SEC. 2. TELECOMMUNICATIONS SERVICES FOR LIBRARIES. 

2 Section 254(h)(4) of the Communications Act of 

3 1934 (47 U.S.C. 254(h)(4)) is amended to read as follows: 

4 ‘‘(4) CERTAIN USERS NOT ELIGIBLE.—Notwith5 standing any other provision of this subsection, the fol6 lowing entities are not entitled to preferential rates or 

7 treatment as required by this subsection: 

8 ‘‘(A) An entity operated as a for-profit 

9 business. 

10 ‘‘(B) A school described in paragraph 

11 (7)(A) with an endowment of more than 

12 $50,000,000. 

13 ‘‘(C) A library or library consortium not el14 igible for assistance under the Library Services 

15 and Technology Act (20 U.S.C. 9101 et seq.) 

16 from a State library administrative agency. 

17 ‘‘(D) A library or library consortium not 

18 eligible for assistance funded by a grant under 

19 section 261 of the Library Services and Tech20 nology Act (20 U.S.C. 9161) from an Indian 

21 tribe or other organization.’’. 

22 SEC. 3. AMERICAN COMMUNITY SURVEY RESIDENTIAL 

23 INTERNET ACCESS QUESTION. 

24 The Secretary of Commerce, in consultation with the 

25 Federal Communications Commission, shall expand the 

26 American Community Survey conducted by the Bureau of 


ccoleman on PROD1PC71 with BILLS
3 

•S 2378 IS 

1 the Census to elicit information for residential households, 

2 including those located on native lands, as to what tech3 nology such households use to access the Internet from 

4 home. 

Æ 


ccoleman on PROD1PC71 with BILLS