alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED February 14, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40022 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE GUADALUPE LERMA-GARCIA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:05-CR-558-ALL

-------------------- Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM: * Counsel appointed to represent Jose Guadalupe Lerma-Garcia (Lerma) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967). Lerma has filed a motion requesting the appointment of substitute counsel. Our independent review of counsel’s brief, Lerma’s response, and the record discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein,No. 06-40022 -2- and the APPEAL IS DISMISSED. See 5 TH C IR . R. 42.2. The motion by Lerma for substitution of counsel is DENIED. See United States v. Wagner , 158 F.3d 901, 902-03 (5th Cir. 1998).
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 Annual Report on Form 10-K of Inland Diversified Real Estate Trust, Inc. (the Company) for the fiscal year ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), Steven T. Hippel, treasurer and chief accounting officer 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: (1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  Date: March 26, 2010By:/s/ Steven T. HippelName:Steven T. HippelTitle:Treasurer and chief accounting officer (principal financial officer)  This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.  A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
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Pursuant to the Federal Tort Claims Act, the United states has been substituted as the sole

Defendant respect to all of Plaintiff’s claims sounding in tort. 28 U.S.C. § 2679(b) and (d). 

ORDER - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

LOUIS MORRIS, a single male,,

Plaintiff,

v.

JOSHUA RAMBO and JANE DOE RAMBO,

husband and wife and the marital community

comprised thereof,

Defendants.

Case No. C06-5279 FDB

ORDER GRANTING MOTION TO

DISMISS WITHOUT PREJUDICE

This matter comes before the Court on the motion of Defendant United States of America1

to dismiss for lack of subject matter jurisdiction. The Defendant asserts that this Court lacks

jurisdiction under the Federal Tort Claims Act due to Plaintiff’s failure to file the requisite

administrative tort claim within two years after accrual of his claim. 28 U.S.C. § 2401(b); Cato v.

United States, 70 F.3d 1103, 1107 (9th Cir. 1995).

In response, Plaintiff does not dispute that he has failed to file an administrative tort claim

Case 3:06-cv-05279-FDB Document 14 Filed 08/16/2006 Page 1 of 2

Morris v. Rambo et al Doc. 14

Dockets.Justia.com
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and that his complaint is subject to dismissal. Plaintiff request that the dismissal be without

prejudice because his active military duty tolls the two year statute of limitations under the Service

Members Civil Relief Act, 50 U.S.C. § 521. The United States replies that it has no objection to

Plaintiff’s request for dismissal without prejudice.

ACCORDINGLY,

IT IS ORDERED:

The United States Motion to Dismiss For Lack of Subject Matter Jurisdiction [Dkt. # 7] is

GRANTED and Plaintiff’s complaint DISMISSED WITHOUT PREJUDICE.

DATED this 16th day of August, 2006.

AFRANKLIN D. BURGESS

UNITED STATES DISTRICT JUDGE

Case 3:06-cv-05279-FDB Document 14 Filed 08/16/2006 Page 2 of 2
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REPORT AND RECOMMENDATION

Page - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

MICHAEL C. HOWARD, )

)

Plaintiff, ) CASE NO. C05-2101-JCC-MJB

)

v. )

) REPORT AND

OFFICER J. JONES, et al., ) RECOMMENDATION

)

Defendants. )

____________________________________)

On January 23, 2007, Defendants filed a second motion to dismiss Plaintiff’s civil rights

action under 42 U.S.C. § 1983 for want of prosecution. (Dkt. #37.) Plaintiff, who is proceeding

pro se, failed to respond to the motion to dismiss. Thereafter, on February 14, 2007, this Court

ordered Plaintiff to show cause within ten days from the date of the Order why the action should

not be dismissed. (Dkt. #39). Plaintiff was advised that failure to file a timely response would

result in a recommendation of dismissal of this § 1983 action. Id. at 1-2. The Order was

returned in the mail as undeliverable on February 26, 2007. (Dkt. #42.) 

It is well settled that federal trial courts have the inherent authority to dismiss a plaintiff’s

action with prejudice because of failure to prosecute in order to prevent undue delays in the

disposition of pending cases and to avoid congestion in the calendars of the District Courts. See

Link v. Wabash Railroad Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962). 

Federal Rule of Civil Procedure 41 expressly empowers the Court to involuntarily dismiss an

Case 2:05-cv-02101-JCC Document 43 Filed 04/30/07 Page 1 of 2
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The record reflects that Plaintiff timely responded to a prior Order to Show cause that

was issued by the Court on Defendants’ original motion to dismiss for failure to prosecute. See

Dkt. #25, # 26. In light of Plaintiff’s timely response, the original motion to dismiss was denied. 

Dkt. #28. 

REPORT AND RECOMMENDATION

Page - 2

action “[f]or failure of the plaintiff to prosecute or to comply with [the Federal Rules of Civil

Procedure] or any order of the court.” Fed. R. Civ. P. 41(b). 

Here, although a dismissal on the merits would be appropriate, Plaintiff apparently was

unable to respond to the February 2007 show cause order because he has not kept the Court

apprised of his current address.1

 Therefore, because mail directed to this pro se plaintiff by the

clerk has been returned by the Post Office, and Plaintiff has failed to inform the Court of his

current address within sixty (60) days from that date, the undersigned recommends dismissal of

this action without prejudice for failure to prosecute pursuant to Local Rule CR 41(b)(2). A

proposed Order accompanies this Report and Recommendation.

DATED this 30th day of April, 2007.

AMONICA J. BENTON

United States Magistrate Judge

Case 2:05-cv-02101-JCC Document 43 Filed 04/30/07 Page 2 of 2
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ORDER GRANTING PLAINTIFF’S MOTION

FOR EQUAL ACCESS TO JUSTICE ACT FEES

PAGE -1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

DELIA ALANIZ,

Plaintiff,

v.

JO ANNE B. BARNHART, Commissioner

of Social Security,

Defendant.

____________________________________

)

)

)

)

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)

)

)

)

)

)

CASE NO. C06-0558-RSL

ORDER GRANTING PLAINTIFF’S

MOTION FOR EQUAL ACCESS TO

JUSTICE ACT FEES

Plaintiff filed a motion for fees under the Equal Access to Justice Act. (Dkt. 22.)

Plaintiff seeks $6,651.01 in attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C.

§ 2412. Defendant does not object to plaintiff’s motion. (Dkt. 24.) Having considered the

motion and the accompanying documents, the Court finds plaintiff’s request reasonable.

It is therefore ORDERED:

(1) Plaintiff’s Motion for Equal Access to Justice Act Fees is GRANTED. Plaintiff’s

counsel is hereby awarded the attorney’s fees requested.

/ / /

/ / /

Case 2:06-cv-00558-RSL Document 25 Filed 01/22/07 Page 1 of 2
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ORDER GRANTING PLAINTIFF’S MOTION

FOR EQUAL ACCESS TO JUSTICE ACT FEES

PAGE -2

(2) The Clerk shall send copies of this Order to the parties and to the Hon. Mary Alice

Theiler.

DATED this 22nd day of January, 2007.

A

Robert S. Lasnik

United States District Judge

Recommended for entry

this 22nd day of January, 2007.

s/ Mary Alice Theiler 

United States Magistrate Judge

Case 2:06-cv-00558-RSL Document 25 Filed 01/22/07 Page 2 of 2
IV

105TH CONGRESS

1ST SESSION S. CON. RES. 63

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 6, 1997

Referred to the Committee on House Oversight

CONCURRENT RESOLUTION

1 Resolved by the Senate (the House of Representatives

2 concurring), That (a) a revised edition of the pamphlet

3 entitled ‘‘The Constitution of the United States of Amer4 ica’’, prepared under the direction of the Joint Committee

5 on Printing, shall be printed as a Senate document, with

6 appropriate illustration.

7 (b) There shall be printed—

8 (1)(A) 440,000 copies of the pamphlet for the

9 use of the House of Representatives, distributed in

10 equal numbers to each Member;

11 (B) 100,000 copies of the pamphlet for the use

12 of the Senate, distributed in equal numbers to each

13 Member;
2

SCON 63 RFH

1 (C) 2,000 copies of the pamphlet for the use of

2 the Joint Committee on Printing; and

3 (D) 1,400 copies of the pamphlet for distribu4 tion to the depository libraries; or

5 (2) if the total printing and production costs of

6 copies in paragraph (1) exceed $120,000, such num7 ber of copies of the pamphlet as does not exceed

8 total printing and production costs of $120,000,

9 with distribution to be allocated in the same propor10 tion as in paragraph (1).

Passed the Senate November 5, 1997.

Attest: GARY SISCO,

Secretary.
No. 68521.

protests 62/950, etc. (New York).

#### S. Hiller & Co. et al. *v.*United States,

*339Opinion by

Lawrence, J.

In accordance witb stipulation of counsel tbat tbe merchandise consists of cycle borns similar in. all material respects to those the subject of G. *Joannou Cycle Co., Inc.*v. *United States*(46 Cust. Ct. 172, C.D. 2253), tbe claim of tbe plaintiffs was sustained.
Exhibit 31.1

                          CERTIFICATIONS

I, Scott Emerson Lybbert, certify that:

        1.   I have reviewed this quarterly report on Form 10-QSB of TGFIN
Holdings, Inc.;

        2.   Based upon my knowledge, this quarterly report does not contain
any untrue statements 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 quarterly report;

        3.   Based on my knowledge, the financial statements, and other
financial information included in this quarterly report, fairly represent 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
quarterly report;

        4.   The registrant's other certifying officers 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 toensure
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 quarterly report is
being prepared;

               b)   evaluated the effectiveness of the registrant's disclosure
controls and procedures as of a date within 90 days prior to the filing date
of this annual report (the Evaluation Date"); and

               c)   presented in this quarterly report our conclusions about
the effectiveness of the disclosure controls and procedures based on our
evaluation as of the Evaluation Date;

        5.   The registrant's other certifying officers and I have disclosed,
based on our most recent evaluation, to the registrant's auditors and the
audit committee of registrant's board of directors (or persons performing the
equivalent functions):

               a)   all significant deficiencies in the design or operation of
internal controls which could adversely affect the registrant's ability to
record, process, summarize and report financial data and have identified for
the registrant's auditors any material weaknesses in internal controls; 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; and

        6.   The registrant's other certifying officers and I have indicated
in this annual report whether there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant deficiencies and material weaknesses.


     /s/ Scott Emerson Lybbert       Chief Executive Officer
    --------------------------
         Scott Emerson Lybbert        August 10, 2005
Order entered April 6, 2022

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-21-00479-CR

No. 05-21-00480-CR

CARLOS RAMON ESPINOZA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 296th Judicial District Court

Collin County, Texas

Trial Court Cause Nos. 296-81351-2021 & 296-81334-2021

ORDER

Before the Court is the State’s April 4, 2022 first motion for an extension of 

time to file its brief. We GRANT the motion and ORDER the brief received with 

the motion filed as of the date of this order. 

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE
Exhibit 10



CONSENT OF EXPERT

March 29, 2007



Baja Mining Corp.



United States Securities and Exchange Commission



Ladies and Gentlemen:



Re: Baja Mining Corp.



I, William Yeo, do hereby consent to the filing of the written disclosure of the technical report entitled Resource Estimate Study, the El Boleo Copper-Cobalt-Zinc Deposit,, dated March 2005, and the Updated Preliminary Assessment of El Boleo Copper-Cobalt Project (the Technical Reports) and any extracts from or a summary of the Technical Reports in the Form 40-F Annual Report dated March 30, 2007 (the Form 40-F Annual Report) of Baja Mining Corp. (the Company), and to the filing of the Technical Report and this consent with the United States Securities and Exchange Commission as part of the Companys Form 40-F Annual Report.



I also consent to the use of my name in the Companys Form 40-F Annual Report.



| |     |                                  
| | --- | ---------------------------------
| | By: | (Signed) William Yeo             
| |     | Name: William Yeo, MAusIMM, PhD.,
| |     | Location: Sydney, Australia
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                             895
<SECURITIES>                                         0
<RECEIVABLES>                                    7,686
<ALLOWANCES>                                       159
<INVENTORY>                                      1,703
<CURRENT-ASSETS>                                10,597
<PP&E>                                          19,433
<DEPRECIATION>                                  11,285
<TOTAL-ASSETS>                                  23,050
<CURRENT-LIABILITIES>                           11,365
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        19,085
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                    23,050
<SALES>                                              0
<TOTAL-REVENUES>                                32,290
<CGS>                                                0
<TOTAL-COSTS>                                   23,698
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   223
<INTEREST-EXPENSE>                                 272
<INCOME-PRETAX>                                    576
<INCOME-TAX>                                       178
<INCOME-CONTINUING>                                  0
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<CHANGES>                                            0
<NET-INCOME>                                       398
<EPS-PRIMARY>                                     0.07
<EPS-DILUTED>                                     0.07
        

</TABLE>
II

105TH CONGRESS

1ST SESSION S. J. RES. 27

Designating the month of June 1997, the fiftieth anniversary of the Marshall

Plan, as George C. Marshall month, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 23, 1997

Mr. WARNER introduced the following joint resolution; which was read twice

and referred to the Committee on the Judiciary

JOINT RESOLUTION

Designating the month of June 1997, the fiftieth anniversary

of the Marshall Plan, as George C. Marshall month,

and for other purposes.

Whereas 1997 marks the fiftieth year since the European Recovery Program, or what came to be called the Marshall

Plan, was first conceived and proclaimed by General

George Catlett Marshall while he was serving as Secretary of State of the United States;

Whereas the Marshall Plan has been hailed by leaders of

World War II allied and enemy countries alike as the

most magnanimous act by Americans in history;

Whereas the Marshall Plan made possible new measures of

trans-Atlantic cooperation through the North Atlantic

Treaty Organization and other institutions;
2

•SJ 27 IS

Whereas these institutional developments have profoundly enhanced the security, freedom, and prosperity of the United States and the Atlantic Community generally;

Whereas new challenges have arisen which call for recommitment to and reinvigoration of these institutions and for

their continued viability;

Whereas creative thought and rededication to the ideals and

principles undergirding the Marshall Plan are now necessary in order to assure the preservation and perfection

of these institutions; and

Whereas the occasion of the fiftieth anniversary of the Marshall Plan provides a fitting opportunity for rededication

of commitments to these institutions: Now, therefore, be

it

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That—

4 (1) Congress acknowledges the magnanimity

5 underlying the Marshall Plan, the dedication to pub6 lic service and integrity of its author, and the efforts

7 by the Marshall Foundation in Lexington, Virginia,

8 the Marshall International Center in Leesburg, Vir9 ginia, and the Friends of Marshall, Uniontown,

10 Pennsylvania, to continue in American life the values

11 for which General George Catlett Marshall stood;

12 (2) Congress calls upon all Americans to rededi13 cate themselves to the ideals of public service, hard
3

•SJ 27 IS

1 work, integrity, and compassion which General Mar2 shall represents to this day in American society; and

3 (3) Congress believes the values that inspired

4 the initiation of the Marshall Plan should continue

5 to be cherished by the people of the United States.

6 SEC. 2. (a) The month of June 1997 is designated

7 as ‘‘George C. Marshall Month’’.

8 (b) The President is authorized and requested to

9 issue a proclamation calling upon the people of the United

10 States to observe George C. Marshall Month with appro11 priate programs, ceremonies, and activities.

Æ
1

Sutton, Tia

From: Whiteman, Chad <Chad_S_Whiteman@omb.eop.gov>

Sent: Friday, June 05, 2015 5:57 PM

To: Hengst, Benjamin; Sutton, Tia; Timothy.Mullins@dot.gov; 'james.tamm@dot.gov'

Cc: Achanta, Chandana L.

Subject: RE: EO 12866 Interagency Comments on HD Phase II NOPR 

Attachments: EO12866-EPA-NHTSA-Heavy-Duty-Phase2-draft-NOPR-6_5_2015.docx

All, Few responses to the redline passback from 5_29. Please let me know if you would like to discuss. Thanks, Chad
# Official Journal C 149A/27 A

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 149A |
| | |
| English edition | Information and Notices | Volume 6427 April 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 149A

English edition

Information and Notices

Volume 6427 April 2021

---

| Contents | page |
| --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2021/C 149 A/01 | Directorate-General for Budget – Publication of a vacancy for the function of Principal Adviser (grade AD 14) (Article 29(2) of the Staff Regulations) – COM/2021/10403 | 1 |

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2021/C 149 A/01

Directorate-General for Budget – Publication of a vacancy for the function of Principal Adviser (grade AD 14) (Article 29(2) of the Staff Regulations) – COM/2021/10403

1

---

| EN | |
| --- | --- |

EN
## Court of Appeals Sixth Appellate District of Texas

JUDGMENT

Treboria Lymyous

- Dew Wallace, Appellant

No. 06

- 13

- 00224

- CR v.
The State of Texas, Appellee Appeal from the 124th District Court of Gregg County, Texas (Tr. Ct. No. 42271

- B ). Memorandum Opinion delivered by Justice Moseley, Chief Justice Morriss and Justice Carter participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court

below

. We affirm the judgment of the trial court.

We note that the appellant, Treboria Lymyous

- Dew Wallace, has adequately indicated his inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED JULY 1 , 2014 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey, Cl erk
| Skip to Content*Release Date: December 11, 2014*Release dates |  Announcements |   Coded tables |  Historical data | Technical Q&AsCurrent release |  Screen reader |  PDF (450 KB) |  Data Download Program (DDP)**B.100 Balance Sheet of Households and Nonprofit Organizations 1** |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
No. 57057.

protest 188280-K (New York).

#### Tuck High & Co. *v.*United States,

Opinion by

Ekwall, J.

In accordance with stipulation of counsel that the-merchandise consists of vegetables, prepared or preserved, similar in all material respects to those the subject of Abstract 55731, the claim of the plaintiff was, sustained.