alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA,

 v.

ELIJAH SMITH,

 Defendant/Petitioner.

:

:

:

:

:

:

:

:

:

:

:

Criminal No. 04-411-1 and 

Criminal No. 05-126-2

ORDER

AND NOW, this 19

th day of October, 2023, upon consideration of the Petitioner’s Motion 

to Vacate, Set Aside, or Correct the Sentence pursuant to 28 U.S.C. § 2255 (ECF No. 163)1and 

Petitioner’s Motion to Amend (ECF No. 197), filed pro se, and all papers submitted in support 

thereof or in opposition thereto, it is hereby ORDERED that such Motions are DENIED for the 

reasons set forth in this Court’s accompanying Memorandum.

IT IS SO ORDERED.

BY THE COURT:

/s/ John Milton Younge

Judge John Milton Younge 

1 All ECF references are to the criminal case docketed at 04-cr-411-JMY-1.

Case 2:04-cr-00411-JMY Document 204 Filed 10/19/23 Page 1 of 1
* 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-41246 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus NARCISCO PACO RIVERA-LAZARO, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-03-CR-119-1

-------------------- Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM: * Counsel appointed to represent Narcisco Paco Rivera-Lazaro (Rivera) has moved for leave to withdraw and has filed a brief as required by Anders v. California , 386 U.S. 738 (1967). Rivera has not responded to counsel’s motion. Our independent review of counsel’s brief and supplemental brief and the record discloses no nonfrivolous issue for appeal. Counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities, and the appeal is DISMISSED. See 5 TH C IR . R. 42.2. United States Court of Appeals Fifth Circuit 

## F I L E D August 18, 2004 Charles R. Fulbruge III Clerk
Case 2:04-cv-20182-HB Document 3 Filed 12/23/05 Page 1 of 3
Case 2:04-cv-20182-HB Document 3 Filed 12/23/05 Page 2 of 3
Case 2:04-cv-20182-HB Document 3 Filed 12/23/05 Page 3 of 3
C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

M EMORANDUM O RDER

Appellate case name: Patrick Hurd v. Braeswood Atrium

Appellate case number: 01

- 13

- 00239

- CV

Trial court case number: 1027476

Trial court: Co unty Civil C our t at Law No

. 2 o f Harris County

Appellant filed a “Defendant’s Pauper’s Affidavit for Appeal” containing the language “I wish to appeal the judgment of this court . . . .” This pro se filing suffices as a notice of appeal. Appellant filed this affidavit o n March 21, 20 13. On March 22, 2013, the county clerk timely

filed a contest to the affidavit. See T EX

. R. A PP

. P. 20.1(e). On March 28, 2013, the trial court timely signed an order extending the time to conduct a hearing on the contest by 20 days. See

T EX

. R. A PP

. P. 20.1(i)(2)(A), (i)(3). On April 4, 2013, the trial court timely signed an order sustaining the contest to the affidavit. See T EX

. R. A PP

. P. 20.1(i)(4). If appellant wished to challenge the order sustaining the contest, appellant was required to file a motion challenging the

order no lat er than April 15 , 2013. See T EX

. R. A PP

. P. 20.1(j )(2). No timely motion challenging the order sustaining the contest was filed. Accordingly, appellant is not entitled to proceed on appeal without payment of costs.

Appellant is ORDERED to pay the filing fee of $175.00 to this Court no later than 10 days from the date of this order, or the appeal will be dismissed

. See T EX

. R. A PP

. P. 5 (requiring payment of fees in civil cases unless indigent), 20.1 (listing requir ements for establishing indigence)

, 42.3 (allowing involuntary dismissal); see also T EX

. G OV ’ T C ODE A NN

. § 51.207 ( West Supp. 2011), § 51.941(a) ( West 2005), § 101.041 ( West Supp. 2011) (listing fees in court of appeals); Order Regarding Fees Charged in Ci vil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07

- 9138 (Tex. Aug. 28, 2007), reprinted in T EX

. R. A PP

. P. app. A § B(1) (listing fees in court of appeals).

Appellant i s further ORDERED to file within 30 days of the date of this order proof that appellant has paid or made arrangements to pay the clerk’s fee for preparing the clerk’s record or this Court may dismiss the appeal for want of prosecution. See T EX

. R. A PP

. P. 37.3(b); 42.3(b).It is so ORDERED.

Judge’s signature: /s/ Michael Massengale

 Acting individually  Acting for the Court

Date: June 27, 2013
EXHIBIT 32.1

SECTION 1350 CERTIFICATION CHIEF EXECUTIVE OFFICER

Pursuant to 18 U.S.C. § 1350, the
undersigned officer of GMX Resources Inc. (the Company), hereby certifies that the Companys Annual Report on Form 10-K for the year ended December 31, 2008 (the Report) fully complies with the requirements of
Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                   |  |  |  |                                              
|------------------ |  |  |  | ---------------------------------------------
|Date: May 11, 2009 |  |  |  | /s/ Ken L. Kenworthy, Jr.                    
|                   |  |  |  | Ken L. Kenworthy, Jr. Chief Executive
Officer
<PAGE>

                                                                    EXHIBIT 23.1


                  CONSENT OF INDEPENDENT CHARTERED ACCOUNTANTS


We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-52860) pertaining to the 1999 Stock Option Plan and the 2000 Stock
Option Plan, of our report dated July 12, 2002 (except as to note 17 which is as
of September 24, 2002), with respect to the consolidated and combined financial
statements and schedule of Crystal Decisions, Inc. included in the Annual Report
(Form 10-K) for the year ended June 28, 2002.

                                                           /s/ ERNST & YOUNG LLP
                                                           Chartered Accountants
Vancouver, Canada
September 26, 2002
<PAGE>

                                  EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of Home Loan Financial Corporation (the
"Company") on Form 10-QSB for the quarter ended September 30, 2004, as filed
with the Securities and Exchange Commission on the date of this Certification
(the "Report"), I, Preston W. Bair, the Chief Financial Officer of the Company,
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 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.

/s/ Preston W. Bair
-----------------------------------------------
Preston W. Bair, Chief Financial Officer

Date:  November 15, 2004

                                                                             28.
No. 56943.

#### John Wanamaker N. Y. *v.*United States,

protests 167983-K, 168916-K, and 186110-K (New York).

Opinion by

Johnson, J.

It was stipulated that certain items of the merchandise consist of figures or figurines similar in all material respects to those passed upon in *Wm. S. Pitcairn Corp.*v. *United States*(39 C. C. P. A. 15, C. A. D. 458). In accordance with stipulation of counsel and following the decision cited, certain items on the invoices with the entries covered by protests 167983-K and 168916-K were held dutiable at 20 percent under paragraph 1547 (a), and certain items on the invoice with the entry covered by protest 186110-K were held dutiable at 10 percent under said paragraph, as modified by T. D. 52476.
106TH CONGRESS

2D SESSION H. R. 1042

AN ACT

To amend the Controlled Substances Act to provide

civil liability for illegal manufacturers and distributors of controlled substances for the harmcaused by the use of those controlled substances.

106TH CONGRESS

2D SESSION H. R. 1042

AN ACT

To amend the Controlled Substances Act to provide civil

liability for illegal manufacturers and distributors of controlled substances for the harm caused by the use of

those controlled substances.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1042 EH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Drug Dealer Liability

3 Act of 2000’’.

4 SEC. 2. FEDERAL CAUSE OF ACTION FOR DRUG DEALER LI5 ABILITY.

6 (a) IN GENERAL.—Part E of the Controlled Sub7 stances Act is amended by adding at the end the following:

8 ‘‘SEC. 521. FEDERAL CAUSE OF ACTION FOR DRUG DEALER

9 LIABILITY.

10 ‘‘(a) IN GENERAL.—Except as provided in subsection

11 (b), any person who manufactures or distributes a con12 trolled substance in a felony violation of this title or title

13 III shall be liable in a civil action to any party harmed,

14 directly or indirectly, by the use of that controlled sub15 stance.

16 ‘‘(b) EXCEPTION.—An individual user of a controlled

17 substance may not bring or maintain an action under this

18 section unless the individual personally discloses to nar19 cotics enforcement authorities all of the information

20 known to the individual regarding all that individual’s

21 sources of illegal controlled substances.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 for the Comprehensive Drug Abuse Prevention and Con-
3

•HR 1042 EH

1 trol Act of 1970 is amended by inserting after the time

2 relating to section 520 the following new item:

‘‘Sec. 521. Federal cause of action for drug dealer liability.’’.

Passed the House of Representatives October 10,

2000.

Attest:

Clerk.
# C_2016078EN.01003202.xml

| 29.2.2016 | EN | Official Journal of the European Union | C 78/32 |
| --- | --- | --- | --- |

29.2.2016

EN

Official Journal of the European Union

C 78/32

---

Action brought on 30 December 2015 — Meissen Keramik v OHIM (MEISSEN KERAMIK)

(Case T-776/15)

(2016/C 078/44)

Language of the case: German

Parties

Parties

Applicant: Meissen Keramik GmbH (Meißen, Germany) (represented by: M. Vohwinkel and M. Bagh, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Defendant:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Trade mark at issue: Community figurative mark containing the word elements ‘MEISSEN KERAMIK’ — Application for registration No 13 100 797

Trade mark at issue:

Contested decision: Decision of the First Board of Appeal of OHIM of 28 October 2015 in Case R 531/2015-1

Contested decision:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order OHIM to pay the costs. |
| --- | --- |

—

order OHIM to pay the costs.

Plea in law

Plea in law

| — | Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009.

---
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 09** 
**- 7832** 

JAMES G. BLAKELY, a/k/a Jimmy G. Blakely , Plaintiff

- Appellant ,

v. DAVID M. TATARSKY, Intrimal General Counsel; MS. SIMON, Mailroom Supervisor for Lee Correctiona l; A PADULA, Warden; JON OZMINT, Director of the South Carolina Department of Corrections , Defendants

- Appellees

.

Appeal from the United States District Court for the District of South Carolina , at Florence

. Margaret B. Seymour , District Judge. ( 4:08

- cv
- 03609

- MBS )

Submitted : June 24, 2010 Decided: June 29, 2010

Before DUNCAN, AGEE, and DAVIS , Circuit Judges.

Affirmed by un published per curiam opinion

.

James G. Blakely , Appellant Pro Se. Steven Barry Johnson, LEE ERTER WILSON HOLLE R & SMITH, LLC, Sumter, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
James G. Blakely appeals the district court ’ s order accepting the recommendation of the magistrate judge and denying

rel ief on his 42 U.S.C. § 1983 (200 6 ) complaint. We have
reviewed the record and find no reversible error. Accordingly,
we affirm for the reasons stated by the district court. Blakely
v. Tatarsky , No. 4:08

- cv
- 03609

- MBS (D.S.C. filed Sept. 1, 2009 &

entered Sept. 2, 2009) . 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
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AT AUGUST 1, 1998 AND THE CONSOLIDATED STATEMENTS OF
OPERATIONS AND CASH FLOWS, EACH FOR THE SIX MONTHS ENDED AUGUST 1, 1998 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-31-1999
<PERIOD-END>                                AUG-1-1998
<CASH>                                              12
<SECURITIES>                                         0
<RECEIVABLES>                                       22
<ALLOWANCES>                                         5
<INVENTORY>                                        235
<CURRENT-ASSETS>                                   331
<PP&E>                                             182
<DEPRECIATION>                                      65
<TOTAL-ASSETS>                                     468
<CURRENT-LIABILITIES>                              216
<BONDS>                                            303
<PREFERRED-MANDATORY>                              139
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       (235)
<TOTAL-LIABILITY-AND-EQUITY>                       468
<SALES>                                            338
<TOTAL-REVENUES>                                   342
<CGS>                                              198
<TOTAL-COSTS>                                      198
<OTHER-EXPENSES>                                   165
<LOSS-PROVISION>                                     3
<INTEREST-EXPENSE>                                  20
<INCOME-PRETAX>                                   (41)
<INCOME-TAX>                                      (16)
<INCOME-CONTINUING>                               (25)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (25)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
# C_2016038EN.01007001.xml

| 1.2.2016 | EN | Official Journal of the European Union | C 38/70 |
| --- | --- | --- | --- |

1.2.2016

EN

Official Journal of the European Union

C 38/70

---

Action brought on 24 November 2015 — BMB v OHIM — Ferrero (Sweet box, packet)

(Case T-695/15)

(2016/C 038/94)

Language in which the application was lodged: Polish

Parties

Parties

Applicant: BMB sp. z o.o. (Grójec, Poland) (represented by: K. Czubkowski, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Defendant:

Other party to the proceedings before the Board of Appeal: Ferrero (Alba, Italy)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Proprietor of the design at issue: The applicant

Proprietor of the design at issue:

Design at issue: Community design No 826 680-0001

Design at issue:

Contested decision: Decision of the Third Board of Appeal of OHIM of 8 September 2015 in Case R 1150/2012-3

Contested decision:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision. |
| --- | --- |

—

annul the contested decision.

Pleas in law

Pleas in law

| — | Breach of Article 61(1) and (2) of Regulation No 6/2002; |
| --- | --- |

—

Breach of Article 61(1) and (2) of Regulation No 6/2002;

| — | Breach of Articles 62 and 63(1) of Regulation No 6/2002; |
| --- | --- |

—

Breach of Articles 62 and 63(1) of Regulation No 6/2002;

| — | Breach of Article 25(1)(e) of Regulation No 6/2002; |
| --- | --- |

—

Breach of Article 25(1)(e) of Regulation No 6/2002;

| — | Breach of Article 8(1)(b) of Regulation No 207/2009. |
| --- | --- |

—

Breach of Article 8(1)(b) of Regulation No 207/2009.

---
Payment Collection RIA SIA Zero Dollar Total

October 2015 22,178 73,648 2,697 260 - 98,783

November 2015 22,421 70,894 2,529 54 - 95,898

December 2015 24,999 73,507 3,868 81 1 102,456

Totals 69,598 218,049 9,094 395 1 297,137

 -

 50,000

 100,000

 150,000

 200,000

 250,000

 300,000

 350,000

# of transactions

Transaction Type

IPAC Transaction Count

October 2015

November 2015

December 2015

Totals
# C_2017249EN.01001201.xml

| 31.7.2017 | EN | Official Journal of the European Union | C 249/12 |
| --- | --- | --- | --- |

31.7.2017

EN

Official Journal of the European Union

C 249/12

---

Order of the Court (Ninth Chamber) of 8 June 2017 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Lg Costruzioni Srl v Area — Azienda Regionale per l’edilizia abitativa

(Case C-110/16) (1)

((Reference for a preliminary ruling - Public works contract - Directive 2004/18/EC - Article 7 - Evaluation and determination of the technical capacities of the economic operators - Article 53(2) of the Rules of Procedure of the Court - Manifest inadmissibility))

(2017/C 249/17)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Lg Costruzioni Srl

Defendant: Area — Azienda Regionale per l’Edilizia Abitativa

In the presence of: TE.SV.AM. Srl, Alvit Srl, Igit SpA, Planarch Srl, Francesco Auteri

Operative part of the order

The request for a preliminary ruling made by the Consiglio di Stato (Council of State, Italy), by decision of 19 January 2016, is manifestly inadmissible.

---

(1)  
  OJ C 175, 17.5.2016.

---
EXHIBIT 31.1

CERTIFICATION

I, Dmitry Beinus, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Shoe Pavilion, Inc. for the period ended July 1, 2006;

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 quarterly 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 and I are responsible for establishing and maintaining disclosure
controls and procedures (as defined in the Securities Exchange Act of 1934 Rules 13a-14 and 15d-14) for the registrant and we
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) 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 upon such evaluation;

c) 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 that has materially affected or is reasonably likely to 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 registrant's board of directors (or persons
performing the equivalent function):

a) all significant deficiencies and material weaknesses in the design or operation of internal control 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 control over financial reporting.

Date:  August 10, 2006

By /s/ Dmitry Beinus
   Dmitry Beinus
   Chairman, President and Chief Executive Officer

---
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DOROTHY and MANUEL PINEDO, :

: CIVIL ACTION NO. 02-CV-4273

Plaintiffs, :

:

v. :

:

BAYER CORPORATION;

BAYER AG;

GLAXOSMITHKLINE, PLC;

GLAXOSMITHKLINE;

SMITHKLINE BEECHAM

:

:

:

:

:

ENTRY OF APPEARANCE

:

Defendants. :

ENTRY OF APPEARANCE

To the Clerk of the Court:

Kindly enter the appearances of Hope S. Freiwald, Aline Fairweather, Erin

Brennan and Kirstin J. Miller as attorneys for defendant SmithKline Beecham Corporation d/b/a

GlaxoSmithKline.

Respectfully Submitted,

_____________________________ _____________________________

Hope S. Freiwald Aline Fairweather

_____________________________ _____________________________

Erin Brennan Kirstin J. Miller

DECHERT PRICE & RHOADS

4000 Bell Atlantic Tower

1717 Arch Street

Philadelphia, PA 19103-2793

(215) 994-4000

Case 2:02-cv-04273-JF Document 7 Filed 10/04/2002 Page 1 of 1