alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-7927

JULIUS SMILEY,

Petitioner - Appellant,

versus

WARDEN, Broad River Correctional Institution;

HENRY DARGAN MCMASTER, Attorney General of the

State of South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Beaufort. Terry L. Wooten, District Judge.

(CA-05-955)

Submitted: April 26, 2006 Decided: May 16, 2006

Before WILKINSON, MOTZ, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Julius Smiley, Appellant Pro Se. Melody Jane Brown, OFFICE OF THE

ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for

Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Julius Smiley seeks to appeal the district court’s order

adopting the recommendation of the magistrate judge and dismissing

his 28 U.S.C. § 2254 (2000) petition. The order is not appealable

unless a circuit justice or judge issues a certificate of

appealability. 28 U.S.C. § 2253(c) (2000). A certificate of

appealability will not issue absent “a substantial showing of the

denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000).

A prisoner satisfies this standard by demonstrating that reasonable

jurists would find that the district court’s assessment of his

constitutional claims is debatable or wrong and that any

dispositive procedural rulings by the district court are likewise

debatable. See Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003);

Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d

676, 683-84 (4th Cir. 2001). We have independently reviewed the

record and conclude that Smiley has not made the requisite showing.

Accordingly, we deny a certificate of appealability and 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
##### 



EXHIBIT 23.1

CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

The Board of Directors
PowerCerv Corporation

We have issued our report dated January 23, 2002, accompanying the consolidated
financial statements included in the Annual Report of PowerCerv Corporation on
Form 10-KSB for the year ended December 31, 2001. We hereby consent to
the incorporation by reference of said report in the Registration Statements of
PowerCerv Corporation on Forms S-8 (File No. 333-3960, File No. 333-50621, and
File No. 333-90825).

| |  |                        
| |  | -----------------------
| |  | /s/ Grant Thornton, LLP

Tampa, Florida
April 11, 2002


50
Exhibit 23.2





CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM




We consent to the incorporation by reference into the Registration Statements on Form F-3 and related prospectus of B.O.S Better Online Solutions Ltd. (“BOS”) (Nos. 333-130048 and 333-152020) and into the Registration Statements of BOS on Form S-8 (Nos. 333-160414, 333-148318, 333-136957, 333-110696, 333-100971 and 333-11650) of our report dated March 29, 2010, with respect to the consolidated financial statements of BOS - Supply Chain Solutions (Lynk) Inc. (formally known as Lynk USA Inc.) included in this Annual Report on Form 20-F for the year ended December 31, 2009.


/s/ ARIK ESHEL, CPA & ASSOC., PC

ARIK ESHEL, CPA & ASSOC., PC




June 28, 2010
**Exhibit 32.2**

**CERTIFICATION OF QUARTERLY REPORT ON FORM 10-Q/A OF GOLDLEAF FINANCIAL SOLUTIONS, INC. FOR THE QUARTER ENDED SEPTEMBER 30, 2006**

The undersigned hereby certifies, pursuant to 18 U.S.C. 1350, adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the undersigned’s best knowledge and belief, the Quarterly Report on Form 10-Q/A for Goldleaf Financial Solutions, Inc. (the “Company”) for the period ending September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the “Report”):

|   | (a)    | fully   complies with the requirements of section 13(a) or 15(d) of the Securities   Exchange Act of 1934; and                                          |
|--------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                    |
|   | (b)    | the   information contained in the Report fairly presents, in all material   respects, the financial condition and results of operations of the Issuer. |

The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. Section 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.

          This Certification is executed as of March 28, 2007. 

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained by the Company and furnished to the Securities Exchange Commission or its staff upon request.

|   | /s/ J. Scott   Craighead  |
|--------|---------------------------|
|   |                           |
|   | J. Scott   Craighead      |
|   | Chief   Financial Officer |
EXHIBIT 13

             CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER AND CHIEF
                                FINANCIAL OFFICER

                            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 VocalTec Communications Ltd. (the
"Company") on Form 20-F for the period ended December 31, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), we, Joseph
Albagli, Chief Executive Officer of the Company, and Eli Gendler, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as
adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that to the best
of our knowledge, information and belief:

     (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 the
Company.

Dated: June 20, 2007

                                                        By: /s/ Joseph Albagli
                                                        ----------------------
                                                        Joseph Albagli
                                                        Chief Executive Officer


                                                        By: /s/ Eli Gendler
                                                        -------------------
                                                        Eli Gendler
                                                        Chief Financial Officer
§ 109.437 Crane record book. The master or person in charge shall ensure that the following are maintained in a crane record book: ( a ) Descriptive information which will identify each crane including— ( 1 ) The API name plate data required by Section 11 of API Spec. 2C, Second Edition, February 1972; and
( 2 ) The rates load chart for each line reeving and boom length which may be utilized.
( b ) Information required by Section 3 of the American Petroleum Institute *Recommended Practice for Operation and Maintenance of Offshore Cranes,* API RP 2D, First Edition (October 1972) with supplement 1.
( c ) Dates and results of frequent inspections and tests required in paragraph (b) of this section.
( d ) Dates and results of periodic inspections and tests required in paragraph (b) of this section.
( e ) Date and result of each rated load test.
( f ) Date and description of each replacement or renewal of wire rope, hooks, and other load components.
( g ) Date and description of each failure of the crane, or any component or safety feature.
( h ) Date and description of each repair to the crane structure, boom, or equipment.
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 Case Number: 14-cr-20427-04 

v. Honorable Thomas L. Ludington 

MELISSA NANETTE LAPONSIE, 

 Defendant. 

_______________________________________/ 

ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING 

DEFENDANT’S PLEA OF GUILTY, AND TAKING THE RULE 11 PLEA 

AGREEMENT UNDER ADVISEMENT 

On September 17, 2014, United States Magistrate Judge Patricia T. Morris conducted a 

plea hearing pursuant to Defendant’s consent. The Magistrate Judge issued her report on 

September 17, 2014, recommending that this Court accept Defendant’s plea of guilty. 

Although the Magistrate Judge’s report explicitly stated that the parties to this action may 

object to and seek review of the recommendation within fourteen days of service of the report, 

neither Plaintiff nor Defendant filed any objections. The election not to file objections to the 

Magistrate Judge’s report releases the Court from its duty to independently review the record. 

Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and 

recommendation waives any further right to appeal. 

 Accordingly, it is ORDERED that the magistrate judge’s report and recommendation, 

ECF No. 59, is ADOPTED. 

 

Case 1:14-cr-20427-TLL-PTM ECF No. 74, PageID.384 Filed 10/07/14 Page 1 of 2
 It is further ORDERED that Defendant’s plea of guilty is ACCEPTED, and the Rule 11 

Plea Agreement, ECF No. 58, is taken UNDER ADVISEMENT. 

Dated: October 7, 2014 s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney or party of record herein by electronic means or first 

class U.S. mail on October 7, 2014. 

 s/Tracy A. Jacobs 

 TRACY A. JACOBS 

Case 1:14-cr-20427-TLL-PTM ECF No. 74, PageID.385 Filed 10/07/14 Page 2 of 2
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

RONALD D. SNYDER, 

 Plaintiff, CIVIL ACTION NO. 14-cv-12814 

 v. 

COMMISSIONER OF MAGISTRATE JUDGE MONA K. MAJZOUB

SOCIAL SECURITY, 

 

 Defendant. 

________________________/ 

JUDGMENT 

 In accordance with the Court's “Opinion and Order” dated September 14, 2015, 

IT IS ORDERED AND ADJUDGED that judgment is entered in favor of Plaintiff 

Ronald D. Snyder and against Defendant Commissioner of Social Security and that this action is 

REMANDED to the Commissioner under 42 U.S.C. § 405(g) for further proceedings. 

Dated: September 14, 2015 s/ Mona K. Majzoub 

 MONA K. MAJZOUB 

 UNITED STATES MAGISTRATE JUDGE 

 

PROOF OF SERVICE

 

 I hereby certify that a copy of this Order was served upon counsel of record on this date. 

 

Dated: September 14, 2015 s/ Lisa C. Bartlett 

 Case Manager 

 

2:14-cv-12814-MKM Doc # 22 Filed 09/14/15 Pg 1 of 1 Pg ID 587
# CE2009066EN.01009701.xml

| 20.3.2009 | EN | Official Journal of the European Union | CE 66/97 |
| --- | --- | --- | --- |

20.3.2009

EN

Official Journal of the European Union

CE 66/97

---

Energy statistics ***I

P6_TA(2008)0090

P6_TA(2008)0090

European Parliament legislative resolution of 12 March 2008 on the proposal for a regulation of the European Parliament and of the Council on energy statistics (COM(2006)0850 — C6-0035/2007 — 2007/0002(COD))

(2009/C 66 E/31)

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0850), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0850),

| — | having regard to Article 251(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0035/2007), |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0035/2007),

| — | having regard to Article 285(1) of the EC Treaty, |
| --- | --- |

—

having regard to Article 285(1) of the EC Treaty,

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy (A6-0487/2007), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy (A6-0487/2007),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

P6_TC1-COD(2007)0002

Position of the European Parliament adopted at first reading on 12 March 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on energy statistics

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No .../2008.)

---
DISMISSED and Opinion Filed February 13, 2019 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas
No. 05-18-01404-CV APPALACHIAN BASIN MINERALS, LP, BRIGHAM MINERALS, LLC, CARROLLTON MINERAL, PARTNERS III, LP, CARROLLTON MINERAL PARTNERS III-B, LP, CIC MINERALS, LP, HDBC INVESTMENTS, LIMITED , MCCROW ENERGY PARTNERS II, LLC , PENNMARC RESOURCES, LP, PENNMARC RESOURCES II, LP, AND WI LDES MINERAL INTERESTS, LLC, A ND SHEPHERD ROYALTY, LLC, Appellants V. BRENCO OIL, INC., ELLICOTT, INC., M ICHAEL D. SCHREINER, MICHAEL RAVEN, Appellees On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-06199 

### MEMORANDUM OPINION Before Chief Justice Burns, J ustice Whitehill, and Justice Nowe ll Opinion by Chief Justice Burns Before the Court is the parties’ Joint Motion to Dismiss All Cl aims and Parties With Prejudice. We grant the motion. Pursuant to the parties’ agre ement, we vacate the trial court’s judgment without regard to the merits, dismiss this proceeding with prejudice, dismiss the underlying proceeding with prejudice, and order that each party bear its own costs and expenses.
T EX
. R. A PP
. P. 42.1(a)(2).

181404F.P05 /Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE–2– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT
APPALACHIAN BASIN MINERALS, LP, BRIGHAM MINERALS, LLC, CARROLLTON MINERAL, PARTNERS III, LP, CARROLLTON MINERAL PARTNERS III-B, LP, CIC MINERALS, LP, HDBC INVESTMENTS, LIMITED, MCCROW ENERGY PARTNERS II, LLC, PENNMARC RESOURCES, LP, PENNMARC RESOURCES II, LP, AND WILDES MINERAL INTERESTS, LLC, AND SHEPHERD ROYALTY, LLC, Appellants
No. 05-18-01404-CV V. BRENCO OIL, INC., ELLICOTT, INC., MICHAEL D. SCHREINER, MICHAEL RAVEN, Appellees On Appeal from the 193rd Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-17-06199. Opinion delivered by Chief Justice Burns. Justices Whitehill and N owell participating.

In accordance with this Court’s opinion of this date, we GRANT the parties’ Joint Motion to Dismiss All Claims and Parties With Prejudice, VACATE the trial court’s judgment without regard to the merits, DISMISS this proceeding with prejudice, and DISMISS the underlying proceeding with prejudice. It is ORDERED that each party bear its own costs and expenses.
Judgment entered February 13, 2019.
Exhibit 35.2

            ANNUAL STATEMENT OF COMPLIANCE PURSUANT TO SECTION 3.19

                             Argent Securities Inc.
             Asset-Backed Pass-Through Certificates, Series 2006-M2

            Each of the undersigned does hereby certify that he/she is a duly
appointed Executive Vice President and Authorized Servicing Agent of AMC
Mortgage Services, Inc. (the "Sub-Servicer"), and further certify as follows:

            1. This certification is being made pursuant to the terms of the
Pooling and Servicing Agreement, dated as of August 1, 2006 (the "Agreement"),
among Argent Securities Inc., as depositor, Ameriquest Mortgage Company, as
master servicer and Deutsche Bank National Trust Company, as trustee.

            2. I have reviewed the activities of the Sub-Servicer during the
preceding year and the Sub-Servicer's performance under the Agreement and to the
best of my knowledge, based on such review, the Sub-Servicer has fulfilled all
of its obligations under the Agreement in all material respects throughout the
year.

            Capitalized terms not otherwise defined herein have the meanings set
forth in the Agreement.

      IN WITNESS WHEREOF, the undersigned has executed this Certificate as of
March 26, 2007.


                                             By: /s/ Jane Johnson
                                                 -------------------------------
                                             Name: Jane Johnson
                                             Title: Executive Vice President and
                                                    Authorized Servicing Agent


                                             By: /s/ Jule J. Keen
                                                 -------------------------------
                                             Name: Jule J. Keen
                                             Title: Executive Vice President and
                                                    Authorized Servicing Agent


            I, Denise Apicella, an Assistant Secretary of the Sub-Servicer,
hereby certify that each of Jane Johnson and Jule J. Keen is a duly qualified,
and acting Authorized Servicing Agent of the Sub-Servicer and that the signature
appearing above are their genuine signature.

            IN WITNESS WHEREOF, the undersigned has executed this Certificate as
of March 26, 2007.


                                             By: /s/ Denise Apicella
                                                 -------------------------------
                                             Name: Denise Apicella
                                             Title: Assistant Secretary
#### § 617.4 General duties of recipients.

Each recipient of Federal financial assistance from NSF shall comply with the Act, part 90, and this part. Each NSF award of Federal financial assistance shall contain the following provision:

# Compliance With Age Discrimination Act

The recipient agrees to comply with the Age Discrimination Act of 1975 as implemented by the Department of Health and Human Services regulations at 45 CFR part 90 and the regulations of the Foundation at 45 CFR part 617. In the event the recipient passes on NSF financial assistance to sub-recipients, this provision shall apply to the subrecipients, and the instrument under which the Federal financial assistance is passed to the subrecipient shall contain a provision identical to this provision.
**Annual
      Statement of Compliance**








VIA:
      EMAIL





Merrill
      Lynch Mortgage Investors, Inc.


250
      Vesey
      Street


4
      World
      Financial Center, 10th Floor


New
      York,
      New York 10080





LaSalle
      Bank National Association


135
      South
      LaSalle Street, Suite 1511


Chicago,
      Illinois 60603





Attention:
      Merrill Lynch Mortgage Investors Trust, Series 2006-SL2





Re:
      Servicing Agreement (the "Agreement"), dated as of July 1, 2006 among
      Merrill


Lynch
      Mortgage Investors, Inc., as depositor, Wilshire Credit Corporation, as
      servicer, and LaSalle Bank National Association, as master servicer and
      securities administrator,


Citibank,
      N.A., as indenture trustee, Merrill Lynch Mortgage Lending, Inc., as sponsor,
      and Merrill Lynch Mortgage Investors Trust, Series 2006-SL2, as issuing entity,
      relating to Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed
      Securities, Series 2006-SL2





I,
      Barbara L. Marik, a First Vice President of LaSalle Bank National Association,
      as Securities Administrator, hereby certify that:





(1)
      A
      review of the activities of the Securities Administrator during the preceding
      calendar year and of the performance of the Servicer under the Agreement has
      been made under my supervision; and





(2)
      To
      the best of my knowledge, based on such review, the Securities Administrator
      has
      fulfilled all its obligations under the Agreement in all material respects
      throughout such year or a portion thereof.








Date: February
      1, 2007





LaSalle
      Bank National Association, as Securities Administrator








/s/
      Barbara L Marik


Barbara
      L. Marik


First
      Vice President
# Senate Floor Activity - Tuesday, January 28, 2014

**

----

## The Journal

## Certain Procedures Dispensed With

## Transaction of Morning Business

## Legislative Business (Tuesday, January 28)

S. 1302

 S.Amdt. 2701

S. 1926

S.Res. 334

## Adjournment

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