alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 2200.53 Production of documents and things. ( a ) *Scope.* At any time after the filing of the first responsive pleading or motion that delays the filing of an answer, such as a motion to dismiss, any party may serve on any other party a request to: ( 1 ) Produce and permit the party making the request, or a person acting on the party's behalf, to inspect and copy any designated documents, or to inspect and copy, test, or sample any tangible things which are in the possession, custody, or control of the party upon whom the request is served;
( 2 ) Permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation on the property.
( b ) *Procedure.* The request shall set forth the items to be inspected, either by individual item or by category, and describe each item and category with reasonable particularity. It shall specify a reasonable time, place, and manner of making the inspection and performing related acts. The party upon whom the request is served shall serve a written response within 30 days after service of the request, unless the requesting party allows a longer time. The Commission or the Judge may allow a shorter time or a longer time, should the requesting party deny an extension. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to in whole or in part, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, that part shall be specified. To obtain a ruling on an objection by the responding party, the requesting party shall file a motion conforming to § 2200.40 with the Judge and shall annex its request to the motion, together with the response and objections, if any.
#### Francis, Walton & Warren, Plaintiffs in Error, *vs.*Bond *&*Kellogg, Defendants in Error.

WRIT OF ERROR TO THE DISTRICT COURT OF RAMSEY COUNTY.

The Plaintiffs below, (Plaintiffs in Error,) claimed judgment against the Defendants for $538, and interest, and upon the trial, obtained a verdict for $86 19. The case comes to this Court upon Writ of Error, and the Plaintiffs’ Bill of Exceptions forms part of the record.

No points or authorities are on file, for either party. The minutes of the Court show that the judgment of the Court below was affirmed, but no opinion was filed.
## In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06

- 13

- 00097

- CR

WILLIAM DALE CULPEPPER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 76th District Court

Camp County, Texas

Trial Court No. 05

- 086

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Carter2 

### MEMORANDUM OPINION

William Dale Culpepper attempts to appeal an order denying his motion for forensic

DNA testing. Culpepper’s motion for forensic DNA testing was filed June 25, 2012, and the

order denying that motion was signed July 9 , 20 12. Culpepper’s notice of appeal w as filed

May 22, 2013, and the clerk’s record was filed with this Court on May 31, 2013 . The issue

before us is whether Culpepper perfected his appeal. We conclude that he did not and dismiss

the appeal for want of jurisdiction.

A timely notice of appeal is necessary to invo ke this Court’s jurisdiction. Olivo v. State

,

918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Pursuant to Rule 26 of the Texas Rule s of

Appellate Procedure, Culpepper had thirty days after the date the order denying his motion for

forensic DNA testing was si gned in which to timely file a notice of appeal. See T EX

. R. A PP

. P.

26.

The order from which Culpepper appeals was signed July 9, 2012, and Culpepper’s

notice of appeal was filed May 22, 2013, over ten months after the order was signed.

Consequently, C ulpepper has failed to perfect his appeal. See i d. Acco rdingly, we dismiss the

appeal for want of jurisdiction.

Jack Carter

Justice

Date Submitted: June 18, 2013

Date Decided: June 19, 2013

.

Do Not Publish
Charge Up! Healthy Meals and Snacks for TEENS

Take Charge of Your Health

Eat healthy to look and feel better!

Eating healthy foods will ... 

❖ Help keep your weight in check.

❖ Keep you awake and focused in school.

❖ Help you do your best at sports.

Take it easy on pizza, sweets, and sodas!

They have lots of sugar, salt, and fat.

❖ Limit cakes, cookies, and other foods made 

with shortening, butter, and margarine.

❖ Choose water or fat-free or low-fat 

milk instead of sugary soda or 

juice drinks.

❖ Eat more foods like bananas, beans, 

and yogurt for potassium to help 

build strong bones.

Give your body the right fuel!

❖ Make half of your plate fruits 

and vegetables.

❖ Power up with lean meats, chicken, 

seafood, eggs, beans, nuts, tofu, and 

other protein-rich foods.

❖ Build strong bones with fat-free or 

low-fat milk products for calcium and 

vitamin D. 

❖ Choose whole grains, like whole-wheat 

bread, brown rice, and oatmeal, for half 

of your grain servings.

Snack smart on these!

•	 Fresh apples, berries, or grapes

•	 A handful of walnuts or almonds

•	 A small bag of mini-carrots

•	 Low-fat or fat-free yogurt

•	 String cheese

•	 Peanut butter on whole-wheat crackers
Get the facts!

Weight-control Information Network

Check out http://win.niddk.nih.gov

and our short booklet for teens: 

Take Charge of Your Health! A Guide for 

Teenagers! Join us on Facebook at 

http://www.facebook.com/win.niddk.nih.gov.

Learn about healthy eating from other 

organizations, too:

BAM! Body and Mind

❖ http://www.bam.gov/sub_foodnutrition

Dietary Guidelines for Americans

❖ http://www.health.gov/dietaryguidelines

Girls Health

❖ http://www.girlshealth.gov

Let’s Move!

❖ http://www.letsmove.gov

Media Smart Youth: Eat, Think, and 

Be Active!

❖ http://www.nichd.nih.gov/msy

MyPlate

❖ http://www.choosemyplate.gov

President’s Council on Fitness, 

Sports & Nutrition

❖ http://www.fitness.gov

We Can! 

❖ http://www.nhlbi.nih.gov/health/

public/heart/obesity/wecan

Take control!

One fast food meal can have more 

calories, fat, and sugar than you need for 

the whole day.

❖ Avoid “value-sized” or “super-sized” 

meals.

❖ Share your meal or take half home 

when eating out.

❖ Choose whole-wheat bread, lean 

meats, and fresh fruit at the school 

cafeteria.

Start strong and plan ahead!

Busy schedules can make it hard to eat 

smart. Planning ahead can help.

❖ Jumpstart your day with breakfast. 

It will help you do better in school.

❖ Bag it! Pack a healthy lunch, like a 

lean turkey sandwich on wholegrain bread and an apple.

❖ Snack smart by packing your own 

high-power nibbles for school or 

time with friends.

NIH...Turning Discovery Into Health NIH Publication No. 11–7813 • September 2011
Exhibit 32.02

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

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The certification set forth below is being submitted in connection with this quarterly report on Form 10-Q of Serena Software, Inc. for the fiscal quarter ended April 30, 2007 (the Report) for the purpose of complying with Rule
13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the Exchange Act) and Section 1350 of Chapter 63 of Title 18 of the United States Code.

I, Robert I. Pender, Jr., Chief Financial Officer of Serena Software, Inc. certify that, to my knowledge:



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



|(2) |  | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Serena Software, Inc. at the dates and for
the periods indicated.
|--- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/    ROBERT I. PENDER, JR.Robert I. Pender, Jr. Senior Vice President,
Finance And Administration, Chief Financial Officer (Principal Financial And Accounting Officer)


Date: July 18, 2007

This Certification is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the registrant under the
Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.
EXHIBIT 32
                                                                     ----------


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


     Pursuant  to  18   U.S.C.ss.1350,   as  created  by  Sectionss.906  of  the
Sarbanes-Oxley  Act of 2002, the  undersigned  officers of Equity One, Inc. (the
"Company"),  who act in such capacity for IRT Partners L.P., hereby certify,  to
such officers' knowledge, that:

     (i)  The  accompanying  Quarterly  Report on Form 10-Q for the period ended
          June 30, 2003 (the "Report")  fully complies with the  requirements of
          Section 13(a) or 15(d), as applicable,  of the Securities Exchange Act
          of 1934, as amended; and

     (ii) The  information  contained  in the  Report  fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of IRT Partners L.P.


         August 13, 2004                     /s/  CHAIM KATZMAN
                                             ---------------------------------
                                             Chaim Katzman
                                             Chief Executive Officer
                                             Equity One, Inc., general partner





         August 13, 2004                     /s/  HOWARD M. SIPZNER
                                             ----------------------------------
                                             Howard Sipzner
                                             Executive Vice President and
                                             Chief Financial Officer
                                             Equity One, Inc., general partner



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

The  foregoing  certification  is being  furnished  as an  exhibit to the Report
pursuant  to  Item   601(b)(32)  of  Regulation  S-K  and  Section  906  of  the
Sarbanes-Oxley  Act of 2002  and,  accordingly,  is not  being  filed  with  the
Securities  and  Exchange  Commission  as  part of the  Report  and is not to be
incorporated by reference into any filing of LP under the Securities Act of 1933
or the Securities Exchange Act of 1934 (whether made before or after the date of
the Report, irrespective of any general incorporation language contained in such
filing).
Editorial Note on Part 1926
Editorial Notes: 1. At 44 FR 8577, Feb. 9, 1979, and corrected at 44 FR 20940, Apr. 6, 1979, OSHA reprinted without change the entire text of 29 CFR part 1926 together with certain General Industry Occupational Safety and Health Standards contained in 29 CFR part 1910, which have been identified as also applicable to construction work. This republication developed a single set of OSHA regulations for both labor and management forces within the construction industry. 2. Nomenclature changes to part 1926 appear at 84 FR 21597, May 14, 2019.

§ 1926.911 Misfires. ( a ) If a misfire is found, the blaster shall provide proper safeguards for excluding all employees from the danger zone.
( b ) No other work shall be done except that necessary to remove the hazard of the misfire and only those employees necessary to do the work shall remain in the danger zone.
( c ) No attempt shall be made to extract explosives from any charged or misfired hole; a new primer shall be put in and the hole reblasted. If refiring of the misfired hole presents a hazard, the explosives may be removed by washing out with water or, where the misfire is under water, blown out with air.
( d ) If there are any misfires while using cap and fuse, all employees shall remain away from the charge for at least 1 hour. Misfires shall be handled under the direction of the person in charge of the blasting. All wires shall be carefully traced and a search made for unexploded charges.
( e ) No drilling, digging, or picking shall be permitted until all missed holes have been detonated or the authorized representative has approved that work can proceed.
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## Table 13.4: Federal Government Spending and Employment—Federal Expenditures on Education, Training, and Employment Readiness

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© 2013. Institute on Disability.University of New Hampshire.
EXHIBIT 31.1

CERTIFICATIONS

     I, Charles S. Conoley, certify that: 

l.	I have reviewed this quarterly report on Form 10-QSB of Horizon Bancorporation, 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'14 and 15d'14) 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)	[Reserved.]

	c)	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

	d)	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 quarterly 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 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 controls 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 controls over financial reporting.

Date: May 6, 2005.

/S/ Charles S. Conoley
§ 30.9 Review of personnel processes. ( a ) As part of its affirmative action program, the sponsor must, for each registered apprenticeship program, engage in an annual review of its personnel processes related to the administration of the apprenticeship program to ensure that the sponsor is operating an apprenticeship program free from discrimination based on race, color, religion, national origin, sex, sexual orientation, age (40 or older), genetic information, and disability. This annual review is required regardless of whether the sponsor is underutilized as described in § 30.5(d). The review must be a careful, thorough, and systematic one and include review of all aspects of the apprenticeship program at the program, industry and occupation level, including, but not limited to, the qualifications for apprenticeship, application and selection procedures, wages, outreach and recruitment activities, advancement opportunities, promotions, work assignments, job performance, rotations among all work processes of the occupation, disciplinary actions, handling of requests for reasonable accommodations, and the program's accessibility to individuals with disabilities (including to the use of information and communication technology). The sponsor must make any necessary modifications to its program to ensure that its obligations under this part are met. ( 1 ) *Compliance date.* ( i ) Current sponsors: A sponsor that has a registered apprenticeship program as of the effective date of this regulation must comply with the obligations of paragraph (a) of this section within two years of the effective date of this rule.
( ii ) New sponsors: A sponsor registering with a Registration Agency after the effective date of this regulation shall comply with the obligations of paragraph (a) of this section within two years after the date of registration. *(2) [Reserved]*
( b ) The sponsor must include a description of its review in its written affirmative action plan and identify in the written plan any modifications made or to be made to the program as a result of its review.
§ 22.29 Sanctions. ( a ) The ALJ may sanction a person, including any party or representative for— ( 1 ) Failing to comply with an order, rule, or procedure governing the proceeding;
( 2 ) Failing to prosecute or defend an action; or
( 3 ) Engaging in other misconduct that interferes with the speedy, orderly, or fair conduct of the hearing.
( b ) Any such sanction, including but not limited to those listed in paragraphs (c), (d), and (e) of this section, shall reasonably relate to the severity and nature of the failure or misconduct.
( c ) When a party fails to comply with an order, including an order for taking a deposition, the production of evidence within the party's control, or a request for admission, the ALJ may— ( 1 ) Draw an inference in favor of the requesting party with regard to the information sought;
( 2 ) In the case of requests for admission, deem each matter of which an admission is requested to be admitted;
( 3 ) Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying, upon testimony relating to the information; and
( 4 ) Strike any part of the pleadings or other submissions of the party failing to comply with such request.
( d ) If a party fails to prosecute or defend an action under this part commenced by service of a notice of hearing, the ALJ may dismiss the action or may issue an initial decision imposing penalties and assessments.
( e ) The ALJ may refuse to consider any motion, request, response, brief or other document which is not filed in a timely fashion.
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**593 KA 14-01489**  PRESENT: WHALEN, P.J., CARNI, NEMOYER, TROUTMAN, AND SCUDDER, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

AHKEEM HUFFMAN, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL J. FLAHERTY, JR., ACTING DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), rendered August 4, 2014. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of manslaughter in the first degree (Penal Law § 125.20 [1]). Contrary to defendant’s contention, the record establishes that he knowingly, intelligently and voluntarily waived his right to appeal ( see generally People v Lopez , 6 NY3d 248, 256). The valid waiver of the right to appeal encompasses his challenge to the severity of the sentence ( see id. at 255; People v Lococo , 92 NY2d 825, 827).

Entered: June 17, 2016 Frances E. Cafarell Clerk of the Court