alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The STATE of Florida, Appellant, v. Larry FORBES, Appellee.

No. 76-1716.

District Court of Appeal of Florida, Third District.

Dec. 27, 1977.

Richard E. Gerstein, State Atty. and George Volsky, Asst. State Atty., for appellant.

Bennett H. Brummer, Public Defender and Warren S. Schwartz, Asst. Public Defender, for appellee.

Before HENDRY, C. J., and PEARSON and HAVERFIELD, JJ.

PER CURIAM.

The State appeals an order granting defendant’s motion to suppress .evidence the State maintains was seized from the person of the defendant incident to his arrest for possession of narcotics. A police officer observed what appeared to be a sale of narcotics. He then apprehended defendant and searched his person, discovering contraband. He then arrested defendant for possession of narcotics. We reverse on authority of *Dixon v.*State, 343 So.2d 1345 (Fla. 2d DCA 1977), holding that the search was incident to the arrest even though the arrest occurred after the search. In the well-reasoned opinion of Chief Judge Boardman, the District Court of Appeal, Second District, held that a search of a defendant is not unlawful where it is pursuant to the establishment of probable cause to the arrest. We need not repeat the reasoning set forth in *Dixon,*nor need we cite the persuasive authorities therein. We think, however, that it is only fair to note that the opinion in *Dixon*had not been published at the time of the ruling of the trial court in the present case.

It is clear that the police officer in the present case had probable cause to believe that the defendant was in possession of narcotics and was actually selling them on *639the street corner. With such knowledge, the police officer was authorized to arrest and search the defendant as an incident to that arrest. Therefore, the order appealed is reversed and the cause remanded for further proceedings in conformance with this opinion.

Reversed and remanded.
[Federal Register Volume 62, Number 184 (Tuesday, September 23, 1997)]
[Notices]
[Page 49671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25190]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary


National Security Education Board Meeting

AGENCY: Office of the Assistant Secretary of Defense, Strategy and 
Requirements.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: Pursuant to Pub. L. 92-463, notice is hereby given of a 
forthcoming meeting of the National Security Education Board. The 
purpose of the meeting is to review and make recommendations to the 
Secretary of Defense concerning requirements established by the David 
L. Boren National Security Education Act, Title VIII of Pub. L. 102-
183, as amended.

DATES: October 27, 1997.

ADDRESSES: The Crystal City Marriott Hotel, 1999 Jefferson Davis 
Highway, Arlington, Virginia 22202.

FOR FURTHER INFORMATION CONTACT:
Dr. Edmond J. Collier, Deputy Director, National Security Education 
Program, 1101 Wilson Boulevard, Suite 1210, Rosslyn, Virginia 22209-
2248; (703) 696-1991. Electronic mail address: <a href="/cdn-cgi/l/email-protection#91f2fefdfdf8f4e3d1fee2f5bfe1f4ffe5f0f6feffbffcf8fd"><span class="__cf_email__" data-cfemail="a4c7cbc8c8cdc1d6e4cbd7c08ad4c1cad0c5c3cbca8ac9cdc8">[email protected]</span></a>

SUPPLEMENTARY INFORMATION: The Board meeting is open to the public.

    Dated: September 18, 1997.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-25190 Filed 9-22-97; 8:45 am]
BILLING CODE 5000-04-M


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</html>
1

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JOSE ROSA, :

: Civil No. 4:05-CV-2386

Petitioner :

: (Judge McClure)

v. :

:

RONNIE HOLT, Warden, : (Magistrate Judge Smyser)

:

Respondent. :

O R D E R

February 8, 2006

BACKGROUND:

On or about November 17, 2005, petitioner Jose Rosa filed a petition for a

writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter is assigned to

United States Magistrate Judge J. Andrew Smyser.

On December 20, 2005, respondent Ronnie Holt filed a motion for an

enlargement of time to file a response. The following day, on December 21, 2005,

Magistrate Judge Smyser granted the request. On or about December 29, 2005,

Rosa filed an objection to the Magistrate Judge’s order enlarging the time for the

filing of a response. On January 10, 2006, already after Holt’s response was filed,

Magistrate Judge Smyser construed Rosa’s December 29, 2005 filing as a motion

Case 4:05-cv-02386-JFM Document 16 Filed 02/08/06 Page 1 of 3
2

for reconsideration of the order enlarging Holt’s time to file a response and denied

his motion because there was a credible basis for the extension and it was

necessary in order to have a complete and accurate record in order for the court to

adjudicate the petition. (Order, Rec. Doc. No. 13, at 2.)

DISCUSSION:

I. ROSA’S “APPEAL” (OBJECTIONS)

Now before the court is Rosa’s January 26, 2005 objections “Concerning

Denial of Objection of Enlargement of Time.” (Rec. Doc. No. 15.) The basis of

Rosa’s appeal is convoluted. Rosa is not objecting to a dispositive matter.

Essentially he argues that the Assistant United States Attorney should refrain from

participating in the action and the respondents should not have been granted an

extension of time. We agree with the reasoning set forth in Magistrate Judge

Smyser’s January 9, 2006 order and will deny his appeal.

Case 4:05-cv-02386-JFM Document 16 Filed 02/08/06 Page 2 of 3
3

NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

Rosa’s objections to the Magistrate Judge’s December 21, 2005 order

granting an enlargement of time to file a response to the petition and the January 9,

2006 motion for reconsideration on the same motion is denied.

 s/ James F. McClure, Jr. 

James F. McClure, Jr.

United States District Judge

Case 4:05-cv-02386-JFM Document 16 Filed 02/08/06 Page 3 of 3
Emily Stover DeRocc

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In The 

Court of Appeals 

Seventh District of Texas at Amarillo

No. 07-18-00331-CV 

BALTAMORE VIGIL, APPELLANT 

 

V. 

 

BOBBY BARBA, APPELLEE 

 

On Appeal from the 222nd District Court 

Deaf Smith County, Texas 

Trial Court No. CI-20151-138, Honorable Roland D. Saul, Presiding 

 

March 21, 2019 

 

MEMORANDUM OPINION 

 

Before QUINN, C.J., and PIRTLE and PARKER, JJ. 

Appellant, Baltamore Vigil, appeals from the trial court’s order granting summary 

judgment in favor of appellee, Bobby Barba. Vigil’s brief was originally due December 

31, 2018. We granted Vigil three extensions to file a brief. By letter of February 21, 2019, 

we notified Vigil that the appeal was subject to dismissal for want of prosecution if a brief 

was not received by March 11. See TEX. R. APP. P. 38.8(a)(1); 42.3(b). On March 11, 

Vigil filed his fourth motion for an extension seeking until March 18 to file a brief. To date, 
2

Vigil has not filed a brief or had any further communication with this Court. Accordingly, 

we deny his fourth motion for an extension of time to file a brief.

We dismiss the appeal for want of prosecution. TEX. R. APP. P. 38.8(a)(1); 42.3(b)

Per Curiam
OFFICE OF CHEMICAL SAFETY

AND POLLUTION PREVENTION UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

December 30, 2013

María Angélica Ceja

Comercializadora De P lásticos de Alta Calidad, S.A. de C.V.

16 de S eptiembre #20 Col. Centro

Chavinda, Michoacán C.P. 59580

M é xico

Dear Ms. Ceja

,

The U.S. EPA has reviewed the tarp testing data submitted for the Acolchado Verde High

Barrier 1.28 mil tarp

. Based on the calculated mass transfer coefficients (MTCs) and the

corresponding cut points determined by EPA as a basis for assigning buffer zone credits ( DP

Barcode 385314, Second Update to Health Effects Division Recommendations for Good

Agricultural Practices and Associated Buffer Credits Dawson, Smith and Sh elat; January 11,

2011 ) at this time the Acolchado Verde High Barrier 1.28 mil tarp qualifies for a 4 0% buffer

zone credit for methyl bromide, chloropicrin

, and chloropicrin with 1,3

- dichloropropene (1,3

- D)

and a 10% buffer zone credit for methyl isothiocyanate (MITC)

. The tarp will also be listed on

the dimethyl disulfide ( DMDS ) website for approved tar ps. The tarp , in all the color varieties

you requested, will be listed on the following EPA websites,

http://www.epa.gov/pesticides/tarpcredits/ and

http://www.epa.gov/oppsrrd1/reregistration/soil_fumigants/dmds

- tarps/

, with the following tarp

names:

· Agroplasticos copac

, black, ≥ 1.28 mil

· Agroplasticos copac , black/white, ≥ 1.28 mil

· Agroplasticos copac , white, ≥ 1.28 mil

· Agroplasticos copac , white/black/white, ≥ 1.28 mil

· Agroplasticos copac , black/silver, ≥ 1.28 mil

· Agroplasticos copac , silver, ≥ 1.28 mil

· Agroplasticos copac , clear, ≥ 1.28 mil

· Agroplasticos copac , black/clear/black, ≥ 1.28 mil

· Agroplasticos copac , thermic brown, ≥ 1.28 mil

· Agroplasticos copac

, brown, ≥ 1.28 mil

· Agroplasticos copac

, thermic green, ≥ 1.28 mil

· Agroplasticos copac , green, ≥ 1.28 mil

· Agroplasticos copac , red, ≥ 1.28 mil

· Agroplasticos copac , blue, ≥ 1.28 mil· Agroplasticos copac , black/silver, ≥ 1.28 mil

· Agroplasticos copac , black/black, ≥ 1.28 mil

Please see the enclosure s for the EPA’s full review.

Please contact me at (703) 347

- 8652 or at gayoso.jose @epa.gov if you have any questions.

Sincerely,

José Gayoso

Chemical Review Manager

Risk Managem ent & Implementation Branch 2

Pesticide Re

- evaluation Division

Office of Pesticide Programs

Enclosure s:

Dawson, J. Health Effects Division (HED) concurrence on BEAD A nalytical C hemistry B ranch

review of permeability data for A c olchado Verde High Barrier F ilm and classification of r esults

f

or tarp credit purposes . D415188. December 12, 2013.

Kamel, A. Data review of the permeability of various fumigants through Acolchado Verde High

Barrier film, MRID 49209201

- ACB Project# B13

- 19. September 18, 2013.
EXHIBIT  32.01

                           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 Quarterly Report of AvStar Aviation Group, Inc. (the
"Company")  on  Form 10-Q for the quarter ended September 30, 2011 as filed with
the  Securities  and Exchange Commission on or about the date hereof ("Report"),
the  undersigned,  in  the  capacities  and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of  the  Sarbanes-Oxley  Act  of  2002,  that  to  his  knowledge:

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:  November  21,  2011                    /s/  Clayton  I.  Gamber
                                               ------------------------
                                               Clayton  I.  Gamber,
                                               Chief  Executive  Officer
#### Willie Clifford PITTS, Appellant, v. STATE of Florida, Appellee.

No. 11-203.

District Court of Appeal of Florida, First District.

March 3, 1978.

*506Willie Clifford Pitts, in pro. per.

Robert L. Shevin, Atty. Gen., and Patti Englander and Richard W. Prospect, Asst. Attys. Gen., for appellee.

PER CURIAM.

Appellant seeks review of the order denying his Motion to Vacate Judgment and Sentence filed pursuant to Fla.R.Crim.P. 3.850. We find no error and therefore affirm.

The appellant was convicted of robbery and sentenced to forty (40) years imprisonment on December 3, 1969. The appellant has previously taken a full appeal from this judgment and sentence. *Pitts*v. *State,*244 So.2d 515 (Fla. 1st DCA 1970). The issue raised in the appellant’s Motion to Vacate was previously raised and considered on direct appeal. Therefore, such issue may not be considered as grounds for post-conviction relief. *Gore v. State,*260 So.2d 218 (Fla. 1st DCA 1972). The order appealed from is AFFIRMED.

McCORD, C. J., and BOYER and MELVIN, JJ., concur.
```

[Federal Register: April 29, 2010 (Volume 75, Number 82)]
[Notices]               
[Page 22556-22557]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap10-29]                         

-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket No. DOD-2009-HA-0185]

 
Submission for OMB Review; Comment Request

ACTION: Notice.

-----------------------------------------------------------------------

    The Department of Defense has submitted to OMB for clearance, the

[[Page 22557]]

following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

DATES: Consideration will be given to all comments received by June 1, 
2010.
    Title and OMB Number: Women, Infants, and Children Overseas Program 
(WIC Overseas) Eligibility Application; OMB Control Number 0720-0030.
    Type of Request: Extension.
    Number of Respondents: 375.
    Responses per Respondent: 2.
    Annual Responses: 375.
    Average Burden per Response: 15 minutes.
    Annual Burden Hours: 187.5 hours.
    Needs and Uses: The proposed information collection requirement is 
necessary for individuals to apply for certification and periodic 
recertification to receive WIC Overseas benefits.
    Affected Public: Individuals or households.
    Frequency: Semi-annually.
    Respondent's Obligation: Required to obtain or retain benefits.
    OMB Desk Officer: Mr. John Kraemer.
    Written comments and recommendations on the proposed information 
collection should be sent to Mr. Kraemer at the Office of Management 
and Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    You may also submit comments, identified by docket number and 
title, by the following method:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.
    DOD Clearance Officer: Ms. Patricia Toppings.
    Written requests for copies of the information collection proposal 
should be sent to Ms. Toppings at WHS/ESD/Information Management 
Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 
22209-2133.

    Dated: April 26, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-10004 Filed 4-28-10; 8:45 am]
BILLING CODE 5001-06-P
```
#### CITY OF SOUTH MIAMI, a Municipal Corporation, Appellant, v. SHIRLEY HOMES, INC., a Florida Corporation, et al., Appellees.

No. 76-1910.

District Court of Appeal of Florida, Third District.

Jan. 31, 1978.

*468Moore, Kessler, Roth & Beckerman and Edward N. Moore, Miami, for appellant.

Robert M. Brake, Coral Gables, for appel-lees.

Before HENDRY and HUBBART, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

Affirmed on authority of *Anon v. City of Coral Gables,*336 So.2d 420 (Fla.3d DCA 1976).
**EXHIBIT 31.1**

 

**Certificationof Chief Executive OfficerPursuant to****Securities and Exchange Commission Rules 13a-14(a) and 15d-14(a)under the Securities Exchange Act of 1934**

 

**CERTIFICATION**

I,Thomas W. Freeze, certify that:

 

1.     I have reviewed this annual report on Form 10-Kof Poore Brothers, Inc.;

 

2.     Based on my knowledge, this report does not containany untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3.     Based on my knowledge, the financial statements, andother financial information included in this annual report, fairly present inall material respects the financial condition, results of operations and cashflows of the registrant as of, and for, the periods presented in this annualreport;

 

4.     The registrant’s other certifying officers and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and we have:

 

a)             Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;

 

b)            Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

 

c)             Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter in the caseof an annual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and

 

5.     The registrant’s other certifying officers and I havedisclosed, based on our most recent evaluation, to the registrant’s auditorsand the audit committee of the registrant’s board of directors (or personsperforming the equivalent function):

 

a)             All significant deficiencies and material weaknessesin the design or operation of internal controls which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

b)            Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’sinternal controls.

 

Date:  March 22,2005

 
|   | /s/ Thomas  W. Freeze                  |   |
|--------|----------------------------------------|--------|
|   | Thomas W.  Freeze                      |
|   | President  and Chief Executive Officer |
|   | (principal  executive officer)         |

 

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#### Ronald McNEIL v. STATE of Mississippi.

No. 49595.

Supreme Court of Mississippi.

July 20, 1977.

Rehearing Denied Aug. 31, 1977.

S. Robert Hammond, Jr., F. Douglas Montague, III, Hattiesburg, for appellant.

A. F. Summer, Atty. Gen. by Karen A. Gilfoy, Sp. Asst. Atty. Gen., Jackson, for appellee.

Appeal from Circuit Court, Forrest County; Jack B. Weldy, Judge.

Before INZER, P. J., SUGG and LEE, JJ., and W. W. BROWN, Commissioner.

AFFIRMED.

PATTERSON, P. J., and SMITH, ROBERTSON, WALKER and BROOM, JJ., concur.

GILLESPIE, C. J., took no part.