alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-7104

CORY LEE MCNEILL, Petitioner - Appellant, versus GEORGE KENWORTHY, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C Dever III, District Judge. (5:06-hc-02177-D) Submitted: December 19, 2007 Decided: January 22, 2008 Before MICHAEL, SHEDD, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Cory Lee McNeill, Appellant Pro Se. Clarence Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Cory Lee McNeill, a state prisoner, seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). An appeal may not be taken from the final order in a § 2254 proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue for claims addressed by a district court absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find both that the district court’s assessment of his constitutional claims is debatable or wrong and that any dispositive procedural rulings by the district court are also debatable or wrong. SeeMiller-El v. Cockrell , 537 U.S. 322, 338 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that McNeill has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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. DISMISSED
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 Quarterly Report of Preferred Voice, Inc. (the "Company")
        on
        Form 10-QSB for the period ending June 30, 2005 as filed with the Securities
        and
        Exchange Commission on the date hereof (the "Report"), I, Mary G. Merritt,
        Principal Executive Officer and Principal Financial Officer of the Company,
        certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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/
        Mary G. Merritt
  Mary
        G.
        Merritt
 Principal
        Executive Officer
 Principal
        Financial Officer
 August
        12, 2005
<PAGE>
                                                                    EXHIBIT 23.1


                 NOTICE REGARDING CONSENT OF ARTHUR ANDERSEN LLP


         Section 11(a) of the Securities Act of 1933, as amended (the
"Securities Act"), provides that if part of a registration statement at the time
it becomes effective contains an untrue statement of a material fact, or omits a
material fact required to be stated therein or necessary to make the statements
therein not misleading, any person acquiring a security pursuant to such
registration statement (unless it is proved that at the time of such acquisition
such person knew of such untruth or omission) may assert a claim against, among
others, an accountant who has consented to be named as having certified any part
of the registration statement or having prepared any report for used in
connection with the registration statement.

         In May 2002, the Company announced that the Board of Directors, upon
recommendation of its Audit Committee, ended the engagement of Arthur Andersen
LLP as the Company's independent public accountants, and engaged KPMG LLP to
serve as the Company's independent public accountants for the fiscal year ending
March 31, 2002. For more information, see the Company's current report on Form
8-K, filed with the SEC on June 3, 2002.

         After reasonable efforts, we have been unable to obtain the consent of
Arthur Andersen, our former independent public accountants, as to the
incorporation by reference of their report for our fiscal year ended March 31,
2001 into our previously filed registration statements (Nos. 33-46699, 33-89878,
333-32028 and 333-23391) under the Securities Act, and we have not filed that
consent with this Annual Report on Form 10-K in reliance on Rule 437a of the
Securities Act of 1933. Because we have not been able to obtain Arthur
Andersen's consent, you will not be able to recover against Arthur Andersen
under Section 11 of the Securities Act for any untrue statements of a material
fact contained in our financial statements audited by Arthur Andersen or any
omissions to state a material fact required to be stated therein.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17

- 10447

BRIANNA PARKER,

Plaintiff

- Appellant

v. BILL MELTON TRUCKING, INCORPORATED; FRANKIE THACKER, as the Representative of the Estate of Charles Edward Thacker; TRIPLE E BROKERAGE, INCORPORATED; DARR EQUIPMENT COMPANY,

Defendants

- Appellees

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15

- CV

- 2528

Before BARKSDALE, DENNIS, and ELROD, Circuit Judges

. PER CURIAM: * Although a jury returned a verdict for Brianna Parker in her negligence action against , inter alia , Bill Melton Trucking, Inc., Parker challenges the district court’s: granting Darr Equipment Co. and Triple E Brokerage, Inc.’s , motions to dismiss; denying her motion for new trial based on, inter alia , attorney misconduct; and denying her post

- verdict motions for judgment as a

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be publi shed 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 March 22, 2018 Lyle W. Cayce Clerk Case: 17-10447 Document: 00514397942 Page: 1 Date Filed: 03/22/2018No. 17

- 10447

2 matter of law , including for future medical expenses

. Having reviewed the briefs and pertinent parts of the record, and heard oral argument , the judgment is AFFIRMED

. Case: 17-10447 Document: 00514397942 Page: 2 Date Filed: 03/22/2018No. 17

- 10447

3 JENNIFER WALKER ELROD, Circuit Judge, concurring: I concur in the panel opinion but write separately to note that some of the issues on appeal in this case arise because the jury verdict form did not include separate answer lines for each element of damages. Both parties requested that the court include answer lines for the separate damages elements, as is consistent with the Texas Pattern Jury Charges. Texas Pattern Jury Charges

– General Negligence § 28.3 (2016 ed.). This is a diversity case,
and in Texas state courts it can be reversible error to not i nclude separate damages categories in the jury charge. See Harris County v. Smith , 96 S.W.3d 230, 234 (Tex. 2002). While it is not mandatory to follow Texas procedural rules in issuing a jury charge, a jury verdict with separate damages categories
would have been helpful to the court’s review. See Broad. Satellite Int’l, Inc. v. Nat’l Dig. Television Ctr., Inc. , 323 F.3d 339, 347 (5th Cir. 2003) (“In a diversity case, the substance of jury charges is governed by state law, but the form or manner of givin g the instruction is controlled by federal law.”). Nonetheless, the fact that the damages are not apportioned here does not affect the outcome of the case. Case: 17-10447 Document: 00514397942 Page: 3 Date Filed: 03/22/2018
# C_2023179EN.01003401.xml

| 22.5.2023 | EN | Official Journal of the European Union | C 179/34 |
| --- | --- | --- | --- |

22.5.2023

EN

Official Journal of the European Union

C 179/34

---

Judgment of the General Court of 29 March 2023 — Tinnus Enterprises v EUIPO — Mystic Products and Koopman International (Fluid distribution equipment)

(Case T-577/21) (1)

(Community design - Invalidity proceedings - Registered Community design representing fluid distribution equipment - Ground for invalidity - Non-compliance with requirements for protection - Article 25(1)(b) of Regulation (EC) No 6/2002 - Features of appearance of a product solely dictated by its technical function - Article 8(1) of Regulation No 6/2002)

(2023/C 179/48)

Language of the case: English

Parties

Applicant: Tinnus Enterprises LLC (Plano, Texas, United States) (represented by: T. Wuttke and J. Lewandowski, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Mystic Products Import & Export, SL (Badalona, Spain)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Koopman International BV (Amsterdam, Netherlands) (represented by: G. van den Bergh, A. van Hoek and B. Brouwer, lawyers)

Re:

By its action under Article 263 TFEU, the applicant, Tinnus Enterprises LLC, seeks the annulment and alteration of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 July 2021 (Case R 1010/2018-3) (‘the contested decision’).

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Tinnus Enterprises LLC to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Koopman International BV. |
| --- | --- |

2.

Orders Tinnus Enterprises LLC to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Koopman International BV.

---

(1)  OJ C 462, 15.11.2021.

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Science Foundation

      ( print page 31783)    
The National Science Board, pursuant to NSF regulations (45 CFR part 614), the National Science Foundation Act, as amended (42 U.S.C. 1862n-5), and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice of the scheduling of a teleconference for the transaction of National Science Board business, as follows:

# TIME AND DATE:

Closed teleconference of the Committee on Strategy of the National Science Board, to be held Friday, July 13, 2018 from 3:00 p.m. to 4:00 p.m. EDT.

# PLACE:

This meeting will be held by teleconference at the National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314.

# STATUS:

Closed

# MATTERS TO BE CONSIDERED:

Chair's opening remarks; discussion of FY 2020 NSF budget request.

# CONTACT PERSON FOR MORE INFORMATION:

                        Point of contact for this meeting is: Kathy Jacquart, 2415 Eisenhower Avenue, Alexandria, VA 22314. Telephone: (703) 292-7000. You may find meeting information and updates (time, place, subject matter or status of meeting) at                         *https://www.nsf.gov/​nsb/​meetings/​notices.jsp#sunshine.*

Chris Blair,

Executive Assistant to the National Science Board Office.

[FR Doc. 2018-14717 Filed 7-5-18; 4:15 pm]

 BILLING CODE 7555-01-P
# C_2021471EN.01002801.xml

| 22.11.2021 | EN | Official Journal of the European Union | C 471/28 |
| --- | --- | --- | --- |

22.11.2021

EN

Official Journal of the European Union

C 471/28

---

Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 10 September 2021 — Staatssecretaris van Justitie en Veiligheid, other parties: E.N., S.S. and J.Y.

(Case C-556/21)

(2021/C 471/35)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Applicant: Staatssecretaris van Justitie en Veiligheid

Other parties: E.N., S.S., J.Y.

Question referred

Must Articles 27(3) and 29 of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ 2013 L 180) (1) be interpreted as not precluding, where the legal system of the Member State provides for appellate jurisdiction in cases such as that at issue here, the appellate court, during the hearing of the case, from granting, at the request of the competent authority of the Member State, an interim measure suspending the transfer time limit?

---

(1)  p. 31.

---
---

Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS
ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the annual
report of China Nutrifruit Group Limited (the Company) on Form 10-K/A for the
period ended March 31, 2009 as filed with the Securities and Exchange Commission
on the date hereof (the Report), I, Jinglin Shi, Chief Executive Officer and
President of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 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/Jinglin
ShiJinglin Shi Chief Executive Officer

June 29, 2010

A signed original of this written statement required by Section
906 has been provided to China Nutrifruit Group Limited and will be retained by
China Nutrifruit Group Limited and furnished to the Securities and Exchange
Commission or its staff upon request.

The forgoing certification is being furnished to the Securities
and Exchange Commission pursuant to § 18 U.S.C. Section 1350. It is not being
filed for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended, and is not to be incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless of any general
incorporation language in such filing.

---
-  Office of the General Counsel (OGC) 
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-  Contact OGC 

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# Agency Deputy Ethics Counselors and Ethics Coordinators

 

**Designated Agency Ethics Official**

**Randall J. Hall**

**Phone: 202-690-7258**

**Alternate Designated Agency Ethics Official**

**Gretchen Weaver**

**Phone: 202-205-2290**

If there are any problems with the contents of this web page, contact Molly McBurney at molly.mcburney@hhs.gov or Glenn Hancock at Glenn.Hancock@hhs.gov, Ethics Division, or call 202-690-7258.

Content last reviewed March 20, 2024
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 191 Introduced in House (IH)]

103d CONGRESS
  1st Session
H. RES. 191

  Prohibiting Members of the House of Representatives from using the 
                    frank for unsolicited mailings.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 1993

  Mr. Boehner submitted the following resolution; which was referred 
  jointly to the Committees on House Administration, Post Office and 
                        Civil Service, and Rules

_______________________________________________________________________

                               RESOLUTION

 
  Prohibiting Members of the House of Representatives from using the 
                    frank for unsolicited mailings.

    Resolved, 

SECTION 1. PROHIBITION OF USE OF THE FRANK FOR UNSOLICITED MAILINGS.

    Notwithstanding any law, rule, or other authority, a Member of the 
House of Representatives may not use the frank for mail other than 
mail--
            (1) in direct response to a communication from the person 
        to whom the mail is addressed;
            (2) from the Member of the House of Representatives to 
        another Member of Congress, or to a Federal, State, or local 
        government official;
            (3) of a news release to the communications media; or
            (4) in furtherance of the administrative duties of the 
        Member of the House of Representatives.

SEC. 2. DEFINITION.

    As used in this resolution, the term ``Member of the House of 
Representatives'' means a Representative in, or a Delegate or Resident 
Commissioner to, the Congress.

                                 <all>
```
# C_2023252EN.01004301.xml

| 17.7.2023 | EN | Official Journal of the European Union | C 252/43 |
| --- | --- | --- | --- |

17.7.2023

EN

Official Journal of the European Union

C 252/43

---

Judgment of the General Court of 24 May 2023 — AL v Commission

(Case T-714/21) (1)

(Civil service - Officials - Remuneration - Family allowances - Dependent child allowance - Article 2(4) of Annex VII to the Staff Regulations - Person treated as a dependent child - Conditions for granting - Withdrawal of entitlement to the allowance - Recovery of undue payments - Article 85 of the Staff Regulations)

(2023/C 252/49)

Language of the case: English

Parties

Applicant: AL (represented by: R. Rata, lawyer)

Defendant: European Commission (represented by: T.S. Bohr, L. Hohenecker and D. Milanowska, acting as Agents)

Re:

By his action based on Article 270 TFEU, the applicant seeks annulment of the decision of the Office for the Administration and Payment of Individual Entitlements (PMO) of the European Commission of 11 January 2021, which sought, in essence (i) to reject his request for an allowance for his mother as a person treated as a dependent child on the basis of Article 2(4) of Annex VII to the Staff Regulations of Officials of the European Union for the period from 1 November 2020 to 31 October 2021 and, (ii) to order the recovery of the sums which he had received by way of that allowance for the period from 1 November 2019 to 31 October 2020.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders AL to pay the costs. |
| --- | --- |

2.

Orders AL to pay the costs.

---

(1)  OJ C 51, 31.1.2022.

---
#### James Raymond Doss in the Interest of Audrey Fay DOSS, Connie Denise Doss, Shelia Doss and Allen Ray Doss.

No. 50177.

Supreme Court of Mississippi.

March 15, 1978.

Rehearing Denied April 12, 1978.

Yancy & Easley, Cliff R. Easley, Jr., Bruce, for appellant.

Mitchell M. Lundy, Grenada, for appellee.

Appeal from Youth Court, Grenada County; Kermit R. Cofer, Chancellor and Youth Court Judge.

Before SMITH, P. J., and ROBERTSON and LEE, JJ.

AFFIRMED.
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# C_2021368EN.01001803.xml

| 13.9.2021 | EN | Official Journal of the European Union | C 368/18 |
| --- | --- | --- | --- |

13.9.2021

EN

Official Journal of the European Union

C 368/18

---

Order of the President of the Court of 17 June 2021 (request for a preliminary ruling from the Landgericht Köln — Germany) — Deutsche Lufthansa AG v FL

(Case C-12/21) (1)

(2021/C 368/29)

Language of the case: German

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 88, 15.03.2021.

---
I

103D CONGRESS

1ST SESSION S. 1174

IN THE HOUSE OF REPRESENTATIVES

JULY 19, 1993

Referred to the Committee on the Judiciary

AN ACT

For the relief of Olga D. Zhondetskaya.

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

•S 1174 RFH

1 SECTION 1. GRANT OF NATURALIZATION TO OLGA D.

2 ZHONDETSKAYA.

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, Olga D. Zhondetskaya shall be naturalized

5 as a citizen of the United States upon the filing of the

6 appropriate application and upon being administered the

7 oath of renunciation and allegiance in an appropriate cere8 mony pursuant to section 337 of the Immigration and Na9 tionality Act.

10 (b) DEADLINE FOR APPLICATION AND PAYMENT OF

11 FEES.—Subsection (a) shall apply only if the application

12 for naturalization is filed with appropriate fees within 1

13 year after the date of the enactment of this Act.

Passed the Senate July 15 (legislative day, June

30), 1993.

Attest:

Secretary.