alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit

No. 22-10207

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Russell Wayne Driver

Defendant—Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:21-CR-200-1

Before Jones, Haynes, and Oldham, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Russell Wayne Driver 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). Driver has not filed a response. We have reviewed counsel’s brief 

* Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

November 28, 2022

Lyle W. Cayce

Clerk

Case: 22-10207 Document: 00516558345 Page: 1 Date Filed: 11/28/2022
No. 22-10207

2

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: 22-10207 Document: 00516558345 Page: 2 Date Filed: 11/28/2022
EXHIBIT 32

    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  Cherokee Banking Company, (the
"Company")  on Form 10-QSB for the period ended June 30, 2005, as filed with the
Securities  and  Exchange  Commission  on  the  date  hereof (the "Report"), the
undersigned,  Dennis  W.  Burnette, President and Chief Executive Officer of the
Company,  and A.R. Roberts, III, 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  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.


This 12th day of August 2005.


 /s/ Dennis W. Burnette
----------------------------------------
President and Chief Executive Officer




 /s/ A.R. Roberts, III
----------------------------------------
Chief Financial Officer
Exhibit 32.1



CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)





In connection with the Annual Report of Empyrean Holdings, Inc., a Nevada corporation (the Company), on Form 10-QSB for the quarter ending September 30, 2007 as filed with the Securities and Exchange Commission (the Report), I, Robert L. Lee, President of the Company, certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to my 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 result of operations of the Company.



IN WITNESS WHEREOF, the undersigned has executed this certification as of the 19th day of November, 2007.



/s/ Robert L. Lee

Robert L. Lee,

President and Director





Dated: September 30, 2007
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13**  **- 6856** 

JUAN MANUEL JUAREZ

- REYES , Petitioner

– Appellant ,
v. CARLTON JOYNER, Administrator, Harnett Correctional Institution , Respondent

- Appellee
.

Appeal from the United States District Court for the Western District of North Carolina , at Statesville
. Robert J. Conrad, Jr. , District Judge. ( 5:13

- cv - 00068

- RJC )

Submitted : August 29, 2013 Decided: September 4, 2013

Before DUNCAN, AGEE, and KEENAN, Circuit Judges.

Dismissed by un published per curiam opinion
.
Juan Manuel Juarez

- Reyes, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Juan Manuel Juarez

- Reyes seeks to appeal the district court’s order dismissing as untimely his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (A) (20 06) . 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) (2006)
. When the district court denies relief on the merits, a prisoner satisfies this standard by demonstr ating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have inde pendently reviewed the record and conclude that Juarez

- Reyes has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We also deny Juarez

- Reyes’ motion for transcript s at government expense. We disp ense with oral argument because the facts and legal contentions are adequately presented in the3 materials before th is court and argument would not aid the decisional process.

DISMISSED
- 1 -

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

CAMP NE’ER TOO LATE, LP, : No. 4:14-cv-01715

:

Plaintiff, : (Judge Brann)

:

v. :

:

SWEPI, LP, : 

:

Defendant. :

ORDER

AND NOW, this 5

th day of May 2016, in accordance with the 

accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:

1. Defendant’s Motion for Summary Judgment, ECF No. 28, is 

GRANTED.

2. Plaintiff’s Motion for Summary Judgment, ECF No. 36, is 

DENIED.

3. The Clerk of Court is directed to enter judgment in favor of 

Defendant and to close this case.

Case 4:14-cv-01715-MWB Document 46 Filed 05/05/16 Page 1 of 2
- 2 -

BY THE COURT:

s/ Matthew W. Brann 

Matthew W. Brann 

United States District Judge

Case 4:14-cv-01715-MWB Document 46 Filed 05/05/16 Page 2 of 2
<PAGE>   1
                                                                  EXHIBIT 23.5

                        CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statements
(Forms S-3 No. 33-62787 and S-4 No. 333-03107) of AirTouch Communications, Inc.
and in the Registration Statements (Forms S-8 Nos. 33-57081, 33-64553 and
333-17891, No. 33-57077, Nos. 33-57083 and 333-36339, and No. 333-10389)
pertaining to the AirTouch Communications, Inc. 1993 Long-Term Stock Incentive
Plan, the AirTouch Communications, Inc. Employee Stock Purchase Plan, the
AirTouch Communications, Inc. Retirement Plan, and the CCI Agreement and Plan
of Merger (to be issued upon exercise of outstanding options of CCI) of our
report dated February 16, 1996, with respect to the consolidated financial
statements and schedule of New Par, (A Partnership), incorporated by reference
in the Annual Report (Form 10-K) of AirTouch Communications Inc. for the year
ended December 31, 1997.



/s/ Ernst & Young LLP

Columbus, Ohio
March 19, 1998
#### Thomas E. LACEY, Relator, v. William A. PATTERSON, Circuit Judge, as Criminal Administrator of the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, Respondent.

No. 69-680.

District Court of Appeal of Florida. Second District.

Dec. 10, 1969.

Prohibition denied.
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

DIERDRE LEE OWENS, )

Petitioner, )

)

Vs. ) Civil Action No. 04-309 Erie

)

SHIRLEY MOORE, )

Respondent. )

)

O R D E R

AND NOW, to wit, this 15th day of March, 2006, the Court having reviewed 

the Petitioner’s correspondence filed March 14, 2006 which the Court construes as Objections to 

the Magistrate Judge’s Report and Recommendation dated February 9, 2006

IT IS HEREBY ORDERED that this Court’s previous Order dated March 13, 2006 

adopting the Report and Recommendation of Magistrate Judge Susan Paradise Baxter is REAFFIRMED. 

 S/Sean J. McLaughlin 

Sean J. McLaughlin,

United States District Judge

cc: parties of record. nmk

 Magistrate Judge Baxter

Case 1:04-cv-00309-SJM-SPB Document 16 Filed 03/15/06 Page 1 of 1
[Federal Register Volume 62, Number 194 (Tuesday, October 7, 1997)]
[Notices]
[Page 52342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26499]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Findings of Scientific Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the Office of Research Integrity 
(ORI) has made a final finding of scientific misconduct in the 
following case:
    Xiaomin Shang, Ph.D., University of Texas Southwestern Medical 
Center: Based upon a report from the University of Texas Southwestern 
Medical Center, information obtained by the Office of Research 
Integrity (ORI) during its oversight review, and Dr. Shang's own 
admission, ORI found that Dr. Shang, a former postdoctoral fellow 
student in the Department of Obstetrics and Gynecology, University of 
Texas Southwestern Medical Center, engaged in scientific misconduct 
arising out of certain biomedical research supported by a training 
grant from the National Institute of Child Health and Human Development 
(NICHD), National Institutes of Health (NIH).
    Specifically, Dr. Shang fabricated a chemiluminescent film of a 
Western blot by using a physical mask to alter the prior results 
showing lack of antibody specificity to a human steroid metabolizing 
isozyme, rather than replicating an experiment as requested by his 
mentor. The fabricated data were not published.
    Dr. Shang has accepted the ORI finding and has entered into a 
Voluntary Exclusion Agreement with ORI in which he has voluntarily 
agreed, for the three (3) year period beginning September 29, 1997:
    (1) To exclude himself from serving in any advisory capacity to the 
Public Health Service (PHS), including but not limited to service on 
any PHS advisory committee, board, and/or peer review committee, or as 
a consultant; and
    (2) That any institution that submits an application for PHS 
support for a research project on which Dr. Shang's participation is 
proposed or which uses him in any capacity on PHS supported research or 
that submits a report of PHS-funded research in which he is involved 
must concurrently submit a plan for supervision of his duties to the 
funding agency for approval. The supervisory plan must be designed to 
ensure the scientific integrity of Dr. Shang's research contribution. 
The institution also must submit a copy of the supervisory plan to ORI.
    No scientific publications were required to be corrected as part of 
this Agreement.

FOR FURTHER INFORMATION CONTACT: Acting Director, Division of Research 
Investigations, Office of Research Integrity, 5515 Security Lane, Suite 
700, Rockville, MD 20852, (301) 443-5330.
Chris B. Pascal,
Acting Director, Office of Research Integrity.
[FR Doc. 97-26499 Filed 10-6-97; 8:45 am]
BILLING CODE 4160-17-P
#### TREE PRESERVATION REALTY CORPORATION, a New York corporation, and Thomas J. Brady and Lillian Brady, his wife, Appellants, v. BARJON CITRUS CORPORATION, a Florida corporation, Appellee.

No. 69-587.

District Court of Appeal of Florida, Fourth District.

May 8, 1970.

PER CURIAM.

Affirmed.
##### 



Exhibit 3.2 Document processing fee
    
    (E-Filed)
    
    Colorado Secretary of State
Date and Time: 08/14/2006 10:21 AM
Id Number: 19931065937If document is filed on paper
    
    $
    125.00If document is filed electronically
    
    $
    25.00
    
    
    Document number: 20061332250Fees & forms/cover sheets
are subject to change.To file electronically, access instructions
for this form/cover sheet and other
information or print copies of filed
documents, visit www.sos.state.co.us
and select Business Center.
 Paper documents must be typewritten or machine printed.
    
    ABOVE SPACE FOR OFFICE USE ONLY
 Articles of Amendment
 ID number:
    
    199310659371.
    
    Entity name:
    
    MATRIX BANCORP, INC.(If changing the name of the corporation, indicate name BEFORE the name change)2.
    
    New Entity name:(if applicable)
    
    United Western Bancorp, Inc.3.
    
    Use of Restricted Words (if any of these
terms are contained in an entity name, true
name of an entity, trade name or trademark
stated in this document, mark the applicable
box):
    
    þ bank or trust or any derivative thereofo credit union      o savings and loano insurance, casualty, mutual, or surety4.
    
    Other amendments, if any, are attached.5.
    
    If the amendment provides for an exchange, reclassification or cancellation of issued shares,
the attachment states the provisions for implementing the amendment.6.
    
    If the corporations period of duration
as amended is less than perpetual, state
the date on which the period of duration
expires:(mm/dd/yyyy)ORIf the corporations period of duration as amended is perpetual, mark this box:     þ7.
    
    (Optional)Delayed effective date:(mm/dd/yyyy)
    AMD_PC
    
    Page 1 of 2
    
    Rev. 11/15/2005




---



##### 



8.
    
    Name(s) and address(es) of the
individual(s) causing the document
to be delivered for filing:
 Abariotes
    
    Theodore
    
    J.(Last)
    
    (First)
    
    (Middle)
    
    (Suffix)700 17th Street, Suite 2100(Street name and number or Post Office information)
 Denver
    
    CO
    
    80202(City)
    
    (State)
    
    (Postal/Zip Code)
 United States(Province  if applicable)
    
    (Country  if not US)
   (The document need not state the true name and address of more than one individual. However,
if you wish to state the name and address of any additional individuals causing the document to
be delivered for filing, mark this box o and include an attachment stating the name and address of such individuals.)
 Disclaimer:
   AMD_PC
    
    Page 2 of 2
    
    Rev. 11/15/2005




---



##### 



NOTICE:
 This image is merely a display of information that was filed electronically. It is not an
image that was created by optically scanning a paper document.
 No such paper document was filed. Consequently, no copy of a paper document is available regarding
this document.  Questions? Contact the Business Division. For contact information, please visit the Secretary of
States web site.
   Click the following links to view attachments
 Attachment 1Articles of Amendment
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 22
- 0199 STATE OF MONTANA,

Plaintiff and Appellee,
v. LAVODRICK TERELLE HOGUES,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including April 1 4 , 2023, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

March 8 2023

03/08/2023

Case Number: DA 22-0199
Order entered July 13, 2021

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-21-00083-CV

IN THE INTEREST OF D.A., T.A., Y.A., CHILDREN

On Appeal from the 255th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DF-19-10975

ORDER

The reporter’s record in this appeal has not been filed. By letter filed July 

12, 2021, Yolanda Atkins, Official Court Reporter for the 255th Judicial District 

Court, informs us that the underlying proceeding was heard in the Associate IV-D 

Court where Cassandra Anderson is the official reporter. Accordingly, we 

ORDER Ms. Anderson to file, no later than August 2, 2021, (1) the reporter’s 

record, (2) written verification no hearings were recorded, or (3) written 

verification appellant has not requested the record. Because the clerk’s record 

includes a statement of inability to afford costs filed by appellant and nothing 
before the Court reflects appellant has been ordered to pay costs, any record shall 

be filed without payment of costs. See TEX. R. CIV. P. 145.

We caution appellant that the appeal may be submitted without the 

reporter’s record should Ms. Anderson inform the Court the record has not been 

requested. See TEX. R. APP. P. 37.3(c).

We DIRECT the Clerk of the Court to send a copy of this order to Ms. 

Anderson and the parties. 

/s/ BONNIE LEE GOLDSTEIN

JUSTICE
<PAGE>
                                                                   EXHIBIT 10.62


                         [STANDARD FEDERAL LETTERHEAD]


February 5, 2003




Stephen Harris
Chief Financial Officer
United American Healthcare Corporation
1155 Brewery Park Boulevard
Suite 200
Detroit, MI 48207-2602


BY FACSIMILE

Dear Mr. Harris:

This letter is to inform you that Standard Federal Bank has agreed to waive,
subject to receipt of a $5,000.00 "waiver fee", the minimum net worth covenant,
provided for in Section III.A.2 of the Business Loan Agreement, as of December
31, 2002.  The Bank hereby also agrees to modify the requirement to "not less
than $6 million" as of each of the fiscal quarters ending on or after March 31,
2003.

Please feel free to contact me at (248) 816-4340 should you have any questions.


Sincerely,

/s/ Daniel J. Forhan
Daniel J. Forhan
Vice President
#### CITY OF MIAMI, Petitioner, v. Peter H. MITROVICH, Jr., Respondent.

No. 70-852.

District Court of Appeal of Florida, Third District.

Jan. 6, 1971.

Rehearing Denied Jan. 29, 1971.

PER CURIAM.

Certiorari denied.
**EXHIBIT
      23.1**











**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**





We
      consent to the incorporation by reference in the following Registration
      Statements and amendments thereto:





Form
      S-8
      No. 333-115851


Form
      S-3
      No. 333-113710


Form
      S-8
      No. 333-130916


Form
      S-3
      No. 333-135547


Form
      S-3
      No. 333-135549


Form
      S-8
      No. 333-135525





of
      Sun
      Healthcare Group, Inc. of our report dated March 6, 2007 (except for Note 18,
      as
      to which the date is July 9, 2007) with respect to the consolidated financial
      statements and schedule of Sun Healthcare Group, Inc., and our report dated
      March 6, 2007 with respect to Sun Healthcare Group, Inc. management’s assessment
      of the effectiveness of internal control over financial reporting, and the
      effectiveness of internal control over financial reporting of Sun Healthcare
      Group, Inc., included in this Form 10-K/A for the year ended December 31,
      2006.








Ernst
      & Young LLP








Dallas,
      Texas


July
      9,
      2007
<PAGE>


                                                                    EXHIBIT 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the registration statements 
of Genzyme Transgenics Corporation on Forms S-3 (File Nos. 33-82982, 
33-97024, 333-25769, 333-49497, 333-51657, 333-59245) and Forms S-8 (File 
Nos. 33-69516, 33-69518, 33-69520, 33-84706, 33-88030, 33-92970, 33-92998, 
333-04535, 333-29059, 333-29975, 333-29977, 333-34119, 333-56747, 333-56749) 
of our report dated February 25, 1999, on our audits of the consolidated 
financial statements of Genzyme Transgenics Corporation as of January 3, 1999 
and December 28, 1997, and for the three fiscal years in the period ended 
January 3, 1999, which report is included in this Annual Report on Form 10-K. 
We also consent to the incorporation by reference into those registration 
statements of our report, dated March 22, 1999, on our audit of the financial 
statements of ATIII LLC as of December 31, 1998, and for the period from 
January 1, 1998 (date of inception) to December 31, 1998, which report is 
also included in this Annual Report on Form 10-K. We also consent to the 
reference to us under the heading "Selected Financial Data" in this Annual 
Report on Form 10-K. 

/s/ PricewaterhouseCoopers LLP
------------------------------
PricewaterhouseCoopers LLP

Boston, Massachusetts
April 2, 1999
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

DIERDRE LEE OWENS, )

)

Petitioner, )

) Civil Action No. 04-309 Erie

v. )

)

SHIRLEY MOORE, )

)

Respondent. )

MEMORANDUM ORDER

This habeas corpus action was received by the Clerk of Court on October 19,

2004, and was referred to United States Magistrate Judge Susan Paradise Baxter for

report and recommendation in accordance with the Magistrates Act, 28 U.S.C. §

636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. 

The Magistrate Judge's Report and Recommendation [Doc. No. 12], filed on

February 9, 2006, recommended that Petitioner’s Petition be dismissed as untimely and

that a certificate of appealability be denied. The parties were allowed ten (10) days

from the date of service to file objections. Service was made on Petitioner by certified

mail and on Respondent. Petitioner was subsequently granted an extension until

March 8, 2006 to file objections [Doc. No. 13]. No objections were filed. After de novo

review of the petition and documents in the case, together with the Report and

Recommendation, the following order is entered:

AND NOW, this 13th day of March, 2006;

IT IS HEREBY ORDERED that the Petitioner’s Petition for Writ of Habeas

Corpus is DISMISSED as untimely and a certificate of appealability is DENIED. 

The Report and Recommendation [Doc. No. 12] of Magistrate Judge Baxter, filed

on February 9, 2006, is adopted as the opinion of the Court.

 s/ Sean J. McLaughlin

United States District Judge

cm: All parties of record

Susan Paradise Baxter, U.S. Magistrate Judge

Case 1:04-cv-00309-SJM-SPB Document 14 Filed 03/13/06 Page 1 of 1
#### Jessie J. WESTBROOK, Petitioner, v. GUST K. NEWBERG CONSTRUCTION CO., Etc., et al., Respondents.

No. 40573.

Supreme Court of Florida.

May 17, 1971.

Certiorari denied.

ERVIN, Acting C. J., and CARLTON, ADKINS, BOYD and McCAIN, JJ., concur.
#### Helen E. WILLS and Howard A. Wills, her husband, Appellants, v. SEARS ROEBUCK & COMPANY, Appellee.

No. 75-1532.

District Court of Appeal of Florida, Third District.

Dec. 7, 1977.

Harvey M. Goldstein, Miami, for appellants.

Helliwell, Melrose & DeWolf and Robert J. Schaffer, Miami, for appellee.

Before PEARSON, BARKDULL and HAVERFIELD, JJ.

ORDER ON MANDATE

PER CURIAM.

WHEREAS, the judgment of this court was entered on July 27, 1976 (336 So.2d 1190) affirming the summary final judgment of the circuit court of Dade County, in the above styled cause; and

WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed September 8, 1977, 351 So.2d 29, and mandate now lodged in this court, quashed this court’s judgment;

NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on September 1, 1976 is withdrawn, the judgment of this court filed July 27,1976 is vacated and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the summary final judgment of the trial court appealed herein is reversed and the cause is remanded for further proceedings not inconsistent with the opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the trial court (Rule 3.16(b), Florida Appellate Rules).