alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

July 21, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 04-20963

Summary Calendar

_____________________

KEN FLORY, Derivatively on behalf

of Dynacq International, Inc.,

Plaintiff-Appellant,

versus

CHIU MOON CHAN; PHILIP S. CHAN;

STEPHEN L. HUBER; EARL R. VOTAW;

DYNACQ INTERNATIONAL, INC. a 

Nevada Corporation,

Defendant-Appellees.

__________________________________________________

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:02-CV-3123

__________________________________________________

Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:*

The judgment of the district court is affirmed. The

appellant raises no objection to the reasons for that judgment

and only maintains that he was denied an opportunity to amend his

pleadings and that appellee argued res judicata in a supplemental

presentation to the court in support of its original motion to
2

dismiss. Appellant filed no motion to amend during the months it

could have done so and after having only stated in response to

the motion to dismiss that he intended to amend. The res

judicata issue was properly presented to the court and appellant

suggests no prejudice.

AFFIRMED.
TAREYAN COOKS

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 17

- 0358

__________ ___________________/

Opinion filed May 3, 2017.

An appeal from an order of the Circuit Court for Leon County

. Martin A. Fitzpatrick , Judge

.

Tareyan Cooks , pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee , for Appellee.

PER CU RIAM.

AFFIRMED.

ROBERTS, C.J., MAKAR, and JAY, JJ., CONCUR.
No. 46177.

#### Protest 998362-G of W. C. Thomas Tobacco Co. (New York).

Opinion by

Dallinger, J.

At the hearing a sample of the merchandise was admitted in evidence. The testimony showed that the dice game is a combination of gears, levers, and rotating cylinders attached to the well-known dice spots. The main lever is located in front and exercises pressure or a rotating effect on the gears located in the interior of the machine. The numbers on all five dice simultaneously rotate when pressure is applied and the various points indicate what has been rolled by the rotating of these dice. It seems that by rotating a horizontal bar the cylinders with the dice spots are spun around and then show a certain result. By using a single button only one of these dice rotates and the machine is operated by various springs. The testimony also showed that there are two separate mechanisms. Prom the record it was found that the exhibit in question is a mechanical contrivance for utilizing and applying energy or force or for the transmission of motion. Following *Simon*v. *United States*(8 Ct. Cust. Appls. 273, T. D. 37537) the court found that it was a machine and the claim at 27% percent under paragraph 372 was sustained.
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 07-309 

________________________________________________________________________ 

DEFENSE 

Research and Development 

 Memorandum of Understanding 

Between the 

UNITED STATES OF AMERICA 

and CANADA 

Signed at Washington and Ottawa 

February 6 and March 9, 2007 

 

 with 

Annex 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 CANADA 

Defense: Research and Development 

 Memorandum of understanding signed at 

 Washington and Ottawa 

 February 6 and March 9, 2007; 

 Entered into force March 9, 2007. 

 With annex. 

NOTE: The Introduction appears on page 3 of this Agreement.





NOTE: It is noted that the numbering from 2.2.3 to 2.2.12 appears to be out of sequence.
Exhibit 23.1

Independent Auditors' Report on Schedule

The
Board of Directors
Witness Systems, Inc.:

Under
date of January 23, 2004, we reported on the consolidated balance sheets of Witness Systems, Inc. and subsidiaries as of December 31, 2003 and 2002, and the
related consolidated statements of operations, stockholders' equity, and cash flows for each of the years in the three-year period ended December 31, 2003, as contained in the
annual report on Form 10-K for the year ended December 31, 2003. In connection with our audits of the aforementioned consolidated financial statements, we also audited the
related consolidated financial statement schedule as listed in the index under Item 15(a)2 in this Annual Report on Form 10-K. This financial statement schedule is the
responsibility of the Company's management. Our responsibility is to express an opinion on this financial statement schedule based on our audits.

In
our opinion, such financial statement schedule, when considered in relation to the basic consolidated financial statements taken as a whole, presents fairly, in all material respects,
the information set forth therein.

|                                  |  | /s/ KPMG LLP
|--------------------------------- |  | ------------
|Atlanta, Georgia
January 23, 2004 |  |             

---

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United States District Court

Eastern District of California 

John C. Montue,

Petitioner, No. Civ. S 04-2663 GEB PAN P

vs. Order

Teresa A. Schwartz, et al.,

Respondents.

-oOoDecember 27, 2005, respondent requested an extension of time

to respond to the petition. Good cause appearing, respondent’s

request is granted and time is extended until 30 days from the

date this order is signed.

So ordered.

Dated: January 5, 2006. 

 /s/ Peter A. Nowinski 

 PETER A. NOWINSKI

 Magistrate Judge

Case 2:04-cv-02663-LKK -JFM Document 15 Filed 01/06/06 Page 1 of 1
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

NORMAN TIMOTHY GREGORY,

Plaintiff, No. CIV S-04-2523 DFL PAN P

vs.

T. AYERS, et al.,

Defendants. ORDER

 /

Plaintiff has requested the appointment of counsel. The United States Supreme

Court has ruled that district courts lack authority to require counsel to represent indigent

prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In

certain exceptional circumstances, the court may request the voluntary assistance of counsel

pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);

Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court

does not find the required exceptional circumstances. Plaintiff’s motion for the appointment of

counsel will therefore be denied.

/////

/////

/////

Case 2:04-cv-02523-RRB-EFB Document 29 Filed 05/31/06 Page 1 of 2
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s May 15, 2006 motion for

the appointment of counsel is denied.

DATED: May 31, 2006.

/mp

greg2523.31

Case 2:04-cv-02523-RRB-EFB Document 29 Filed 05/31/06 Page 2 of 2
446 A.2d 683

#### Commonwealth v. Weaver, Appellant.

Submitted March 21, 1980.

Daniel McGee, Assistant Public Defender, for appellant; David E. Grine, District Attorney, for Commonwealth, appellee.

Before PRICE, CAVANAUGH and WATKINS, JJ.

The judgment of sentence entered on July 5, 1979 is affirmed on the comprehensive opinion of the Honorable Richard M. Sharp.
### THE THIRTEENTH COURT OF APPEALS

13

- 18

- 00672

- CR
Jorge Arellano v. The State of Texas
On Appeal from the 357th District Court of Cameron County , Texas Trial Cause No. 06

- CR

- 0770

- E

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this caus e on appeal, concludes the appeal should be dismissed. The Court orders the appeal
DISMISSED in accordance with its opinion

. We further order this decision certified below for observance. January 24, 2019
EXHIBIT 32.1
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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 Partnership.
 By:
    
    /s/ Freddie M. Kotek

Name: Freddie M. KotekTitle: Chief Executive Officer of the Managing General PartnerDate: May 17, 2010
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 of IceWEB, Inc. (the “Company”) on Form 10-K
for the year ended September 30, 2009 as filed with the Securities and Exchange
Commission (the “Report”), I, Mark B. Lucky, 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:





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 result of operations of the Company.


December
      29, 2009
            /s/ Mark B. LuckyMark
      B. Lucky, Chief Financial Officer and
              principal
      financial and accounting officer





A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement 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.
EXHIBIT 32.1

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-KSB of Universal Food & Beverage Company and subsidiaries (the Company) for the year ended December 31, 2005 as filed with the Securities and Exchange Commission (the
Report), I, Duane Martin, Chairman and Chief Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

(1)    The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities and 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.



|               |  |                                     
|-------------- |  | ------------------------------------
|March 30, 2006 |  | /s/ Duane Martin                    
|               |  | Name: Duane Martin                  
|               |  | Chairman and Chief Executive Officer

This certification accompanies the Report pursuant to § 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 § 18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been provided by Universal Food & Beverage Company and will be retained by Universal Food & Beverage Company and furnished
to the Securities Exchange Commission or its staff upon request.
446 A.2d 699

#### Commonwealth v. Cunningham, Appellant.

Submitted March 16, 1982.

Joseph M. Budicak, for appellant; Edward J. Tocci, District Attorney, for Commonwealth, appellee.

*625Before SPAETH, JOHNSON and HOFFMAN, JJ.

Judgment of sentence affirmed.
Before the Third Division,

May 20, 1953

No. 57344.

protests 169219-K, etc. (New York).

#### Morganite, Inc. *v.*United States,

*461Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of articles of carbon similar in all material respects to those the subject of *Morganite, Inc.*v. *United States*(29 Cust. Ct. 76, C. D. 1448), the claim of the plaintiff was sustained.
#### Robert Van Wart, Respondent, v Robert Van Wart Incorporated, Appellant.

[634 NYS2d 498]

—In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated April 12, 1994, as denied its cross motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant’s cross motion for summary judgment is granted, and the complaint is dismissed.

The evidence adduced by the defendant Robert Van Wart Incorporated in support of its cross motion for summary judgment established that it did not own the vehicle in which the plaintiff was a passenger at the time of the accident. The certificate of title indicated that the vehicle was owned by the plaintiff himself, and it was the plaintiff himself who registered the vehicle. This constitutes prima facie evidence of the plaintiff’s ownership *(see, e.g., Bornhurst v Massachusetts Bonding & Ins. Co.,*21 NY2d 581; *Doughty v Johnson,*155 AD2d 513; 8 NY Jur 2d, Automobiles and Other Vehicles, § 731). The proof tendered by the plaintiff in opposition to the defendant’s *625cross motion, including the proof tending to show that the defendant paid for the insurance coverage purchased for the vehicle, was not sufficient to establish the existence of a material issue of fact requiring trial *(cf, Young v Seckler,*74 AD2d 155). Bracken, J. P., Rosenblatt, Santucci and Joy, JJ., concur.
**Exhibit 32.1****Certification of Periodic Financial Reports**     I, Paul A. Lang, President of Arch Western Resources, LLC, 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 Quarterly Report on Form 10-Q for the quarterly period ended March 31, 2006 (the“Periodic Report”) which this statement accompanies fully complies with the requirements of Section13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and     (2) information contained in the Periodic Report fairly presents, in all material respects,the financial condition and results of operations of Arch Western Resources, LLC.                                                           /s/ Paul A. Lang   Paul A. Lang  Date:  May 15, 2006 President
Exhibit 12.1

             CERTIFICATION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER

     I, Joaquin Faura Battle, certify that:

     1. I have reviewed this annual report on Form 20-F of Terra Networks,
S.A.;

     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 company as
of, and for, the periods presented in this report;

     4. The company's other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the company 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 company, 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 company'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 company's internal control
of internal control over financial reporting that occurred during the period
covered by the annual report that has materially affected, or is reasonably
likely to materially affect, the company's internal control over financial
reporting; and;

     5. The company's other certifying officer(s) and I have disclosed, based
on our most recent evaluation of internal control over financial reporting, to
the company's auditors and the audit committee of the company's board of
directors (or persons performing the equivalent functions):

     (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 company'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 company's internal control over
financial reporting.

     Date: April 14, 2005


                                           /s/ Joaquin Faura Battle
                                           -------------------------------------
                                           Joaquin Faura Battle
                                           President and Chief Executive Officer
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 19-40937

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE ORLANDO CRUZ-VENTURA, also known as Jose Orlando Cruz, also 

known as Jose O. Cruz, also known as Jose Cruz,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 2:19-CR-432-1

Before ELROD, SOUTHWICK, and COSTA, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Jose Orlando CruzVentura has moved for leave to withdraw and has filed a brief in accordance 

with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 

F.3d 229 (5th Cir. 2011). Cruz-Ventura has not filed a response. We have 

* Pursuant to 5TH CIR. 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 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 18, 2020

Lyle W. Cayce

Clerk

 Case: 19-40937 Document: 00515457362 Page: 1 Date Filed: 06/18/2020
No. 19-40937

2

reviewed counsel’s brief and the relevant portions of the record reflected 

therein. We concur with counsel’s assessment that the appeal presents no 

nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave 

to withdraw is GRANTED, counsel is excused from further responsibilities 

herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 19-40937 Document: 00515457362 Page: 2 Date Filed: 06/18/2020
EXHIBIT 32.1

                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 IceWEB, Inc. (the "Company") on
Form 10-KSB for the year ended September 30, 2005 as filed with the Securities
and Exchange Commission (the "Report"), I, John R. Signorello, CEO 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:

         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 result of operations of the
Company.

                                        /s/ John R. Signorello
                                        ----------------------
                                        John R. Signorello,
                                        CEO and principal executive officer

                                        January 13, 2006

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
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.
<PAGE>
                                                                    EXHIBIT 99.2



                                 CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section
1350, the undersigned officer of Lightspan, Inc. (the "Company"), hereby
certifies that, to the best of his knowledge:

(1) the Company's Annual Report on Form 10-K for the year ended January 31, 2003
(the "Report") fully complies with the requirements of Section 13(a) or 15(d),
as applicable, 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: April 29, 2003                   /s/ Michael A. Sicuro
                                        -----------------------
                                        Michael A. Sicuro,
                                        Senior Vice President,
                                        Chief Financial Officer,
                                        Treasurer and Secretary

A signed original of this written statement required by Section 906 has been
provided to Lightspan, Inc. and will be retained by Lightspan, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00706-CV

Damian Mandola and Trina Mandola, Appellants

v.

DuchMandola, Ltd. n/k/a Duchman, Ltd., Appellee

FROM THE DISTRICT COURT OF HAYS COUNTY, 428TH JUDICIAL DISTRICT

NO. 11-1142, HONORABLE WILLIAM HENRY, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

The parties have filed a joint motion to dismiss the appeal. We grant the motion and

dismiss the appeal. See Tex. R. App. P. 42.1(a).

____________________________________

David Puryear, Justice

Before Justices Puryear, Henson and Goodwin

Dismissed on Joint Motion

Filed: April 18, 2012