alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

EX PARTE:

BRANDON BERRY,

Appellant.

§

§

§

§

§

No. 08-22-00185-CR

Appeal from the

409th Judicial District Court

of El Paso County, Texas

(TC#20150D00501)

MEMORANDUM OPINION

Appellant, Brandon Berry, pro se, attempts to appeal the denial of his pre-trial application

for writ of habeas corpus heard by the trial court on September 20, 2022. We dismiss for want of

jurisdiction.

On September 30, 2022, upon receipt of Appellant’s notice of appeal, the Clerk of this

Court issued a letter informing the parties no appealable order was found. Further, the letter gave

notice of our intent to dismiss in ten days for lack of jurisdiction unless any party could show

grounds for continuing the appeal. On October 12, 2022, Appellant filed a response, asserting that

the trial court had verbally denied his pre-trial habeas writ application. Appellant does not provide

the purportedly appealed-from order, nor does he assert in his response that a written order denying
2

the pre-trial writ application has been entered. Appellant nonetheless insists we have jurisdiction

in this case.

A pre-trial application for writ of habeas corpus must be denied with a written order to

properly invoke our jurisdiction. State v. Wachtendorf, 475 S.W.3d 895, 903-04 (Tex.Crim.App.

2015). When, as here, there is no written order from which to appeal, the court of appeals lacks

jurisdiction over the appeal. See State v. Sanavongxay, 407 S.W.3d 252, 258-259 (Tex.Crim.App.

2012) (concluding that lack of written order leaves court of appeals without jurisdiction over

appeal); Nikrasch v. State, 698 S.W.2d 443, 450 (Tex.App.--Dallas 1985, no pet.) (court of appeals

has no jurisdiction over appeal absent written judgment or order).

Here, by Appellant’s own admission, there is no written order denying Appellant’s habeas

application but merely a verbal pronouncement of denial by the trial court. Accordingly, we

dismiss Appellant’s appeal for want of jurisdiction. See Wachtendorf, 475 S.W.3d at 903-04;

Sanavongxay, 407 S.W.3d at 258; Payne v. State, No. 12-17-00143-CR, 2017 WL 2570829, at *1

(Tex.App.--Tyler, June 14, 2017 no pet.) (per curiam) (mem. op., not designated for publication)

(dismissing appeal from pretrial habeas application for want of jurisdiction absent written order);

Walton v. State, No. 02-18-00396-CR, No. 02-18-00397-CR, No. 02-18-00398-CR, 2018 WL

6424242, at *1 (Tex.App.--Fort Worth Dec. 6, 2018, no pet.) (per curiam) (mem. op., not

designated for publication) (dismissing appeal for want of jurisdiction because appellate court had

not received “a written order from the trial court—a prerequisite to appealability”); Ex parte Wiley,

949 S.W.2d 3, 4 (Tex.App.--Fort Worth 1996, no pet.). All pending motions are denied as moot.
3

JEFF ALLEY, Justice

October 19, 2022

Before Rodriguez, C.J., Palafox, and Alley, JJ.

(Do Not Publish)
<PAGE>


                                                                  Exhibit 23.2

              CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

We hereby consent to the incorporation by reference in the Post-Effective
Amendment on Form S-8 (No. 333-81123) and Form S-8 (No. 33-34925, 33-34926,
33-38446, 33-46639, 33-46640, 333-19043, 333-21555, 333-36041, 333-72517 and
333-72567) of Medical Manager Corporation (formerly Synetic, Inc.) of our report
dated August 27, 1999, relating to the consolidated financial statements of
Medical Manager Health Systems, Inc. (formerly Medical Manager Corporation)
(not presented separately herein), which appears in the current report on Form
10-K of Medical Manager Corporation.



                                         PRICEWATERHOUSECOOPERS LLP


Tampa, Florida
September 28, 1999
----

            COMMISSION REGULATION (EC) No 197/2006

of 3 February 2006         

on transitional measures under Regulation (EC) No 1774/2002 as regards the collection, transport, treatment, use and disposal of former foodstuffs

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (1), and in particular Article 32(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Derogation regarding the collection, transport, treatment, use and disposal of former foodstuffs

1.   By way of derogation from Articles 6(2) and 7 and Chapters I to III and Chapters V to VIII of Annex II to Regulation (EC) No 1774/2002, Member States may authorise the collection, transport, treatment, use and disposal of former foodstuffs referred to in Article 6(1)(f) of that Regulation (former foodstuffs), in accordance with Articles 2 and 3 of this Regulation, provided that:

2.   The derogation provided for in the first paragraph shall not apply to raw material of animal origin.

Article 2

Collection and transport

Member States may authorise the collection and transport of former foodstuffs provided that the person consigning or transporting the former foodstuffs:

Article 3

Treatment, use and disposal

Member States may authorise former foodstuffs to be:

Article 4

Control measures

The competent authority shall take the necessary measures to control compliance by operators with this Regulation.

Article 5

Entry into force

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2006 to 31 July 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 3 February 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 416/2005 (OJ L 66, 12.3.2005, p. 10).

(2)OJ L 117, 13.5.2003, p. 22.

(3)OJ L 182, 16.7.1999, p. 1. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(4)OJ L 332, 28.12.2000, p. 91.

----
Exhibit 23.2**Consent of Independent Registered Public Accounting Firm**We consent to the incorporation by reference in the Registration Statements (i) on Form S-8(No. 333-126216) pertaining to the 2005 Employee Stock Purchase Plan and (ii) on Form S-8 (No.333-118718) pertaining to the 2004 Non-Employee Directors’ Stock Option Plan, 2004 Stock IncentivePlan, Non-Employee Directors’ Deferred Stock Compensation Plan, and Individual Stock OptionAgreements of Thermadyne Holdings Corporation of our report dated August 2, 2006, with respect tothe consolidated financial statements of Thermadyne Holdings Corporation, included in this AnnualReport (Form 10-K) for the year ended December 31, 2006.March 30,2007                                                /s/ERNST & YOUNG LLP
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Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

October 4, 2013

p1001 

# Order

Clerk October 4, 2013

146938

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 146938

COA: 306461

Wayne CC: 11

- 005385

- FC

SANFORD DAVIS,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the February 7, 2013

judgment of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the questions presented should be reviewed by this Court. Although we

agree with the Court of Appeals dissent that the trial court erred by denying the

defendant’s request to change into civilian clothes, we agree with the Court of Appeals

majority that any such error was harmless beyond a reasonable doubt.
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1 Ngo, Dan (FAA)

From: Ngo, Dan (FAA) Sent: Tuesday, December 13, 2016 3:56 PM To: 'regulatory@jobyaviation.com' Cc: Barrett, Yvonne (FAA); Cappelle, Mich ele (FAA); Schandler, Andrea (FAA) Subject: Request for Information - FAA-2016-5094

Mr. Brett Goldsmith Joby Aviation 340 Woodpecker Ridge Santa Cruz, CA 95060

Dear Mr. Goldsmith:
This letter is to inform you that the following information is missing from your petition for amendment dated March 16, 2016 (Docket No. FAA-2016-5094). This info rmation is necessary for the Federal Aviation Administration (FAA) to process your petition.

 A detailed description of the S4-MH, S4-SSL, a nd S4-SS design and configuration focusing on the UAS features and flight characteristic s to include, but not limited to:

o Operational limitations, restrictions, a nd warnings (spray and non-spray use)

o Operational history with supporti ng statistics; particularly wher e Joby Aviation was the principal operator, or retained direct oversight

o Results of analysis and flight te sting of UAS, especially results that form the basis of the UAS operational envelope analysis

o Log of repairs and alterations performed during operations to in clude design changes and fixes due to operational failure (s) (lessons learned)

o Details of any injuries or property damage encountered during flight or ground operations

o Details of any failure modes such as lost link, fly-away, loss of control, and etc.

 Copies of company manuals, photographs, vide os/telemetry may be provided as support

 Any other information to support operationa l safety with UAS in excess of 55 pounds.

Please submit the additional information (non-proprietary) to your docket at www.regulations.gov . Once your information is submitted, please save your tracking nu mber and submit your tracking number along with the information submitted to the docket, and any prop rietary information electronically via e-mail to 333exemptions@faa.gov . If you want us to process your request a ny further, we must receive the information described above by 12/27/2016. If we do not receive the information, we will close the docket without notifying you further.
If you have any questions, please feel free to contact me at dan.ngo@faa.gov

. Sincerely, Dan Ngo
Motion Granted; Appeal Dismissed and Memorandum Opinion filed 

September 30, 2021.

In The

Fourteenth Court of Appeals

NO. 14-21-00526-CV

HARBOR AMERICA CENTRAL, INC., Appellant

V.

WILLIAM REEVES, Appellee

On Appeal from the 55th District Court

Harris County, Texas

Trial Court Cause No. 2017-25574

MEMORANDUM OPINION

This is an appeal from a judgment signed August 31, 2021. On September 

22, 2021, appellant filed a motion to dismiss the appeal. See Tex. R. App. P. 

42.1(a)(1). The motion is granted. 

We dismiss the appeal.

PER CURIAM

Panel consists of Justices Spain, Hassan, and Wilson.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105 

November 1, 2011 

Michael Villegas, Air Pollution Control Officer 

Ventura County Air Pollution Control District 

669 County Square Drive 

Ventura, CA 93003-5417 

Dear Mr. Villegas: 

Thank you for your timely submission of the 2011 Ambient Air Monitoring Network Plan for Ventura 

County. We have reviewed the submitted document and have found that it is complete, informative, 

detailed and meets all of the requirements for annual network plans as required by our regulations set 

forth under 40 CFR Part 58.10. While this letter serves as official approval of the annual network plan, 

it does not constitute approval of the system modifications that are proposed in the plan for the future. 

We will continue to work with your district to review system changes as they proceed. 

If you have any questions regarding this letter, please feel free to contact me at (415) 972-3851 or 

Meredith Kurpius at (415) 947-4534. 

 Sincerely, 

 

/s/ 

 

 Matthew Lakin, Manager 

 Air Quality Analysis Office 

 Air Division 

cc: Herman Ragsdale, VCAPCD 

Kent Field, VCAPCD 

Karen Magliano, ARB
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-6348

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JOSE JUAN ORGANES-ESPINO, a/k/a Johnny Organes, a/k/a Johnny Two Braids, 

a/k/a Paisa,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at 

Greensboro. William L. Osteen, Jr., Chief District Judge. (1:09-cr-00263-WO-1; 1:13-cv00577-WO-JLW)

Submitted: May 25, 2017 Decided: May 31, 2017

Before MOTZ, THACKER, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jose Juan Organes-Espino, Appellant Pro Se. Sandra Jane Hairston, Robert Michael 

Hamilton, Angela Hewlett Miller, Assistant United States Attorneys, Greensboro, North 

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Jose Juan Organes-Espino seeks to appeal the district court’s orders denying his 

28 U.S.C. § 2255 (2012) motion and his motion for reconsideration. The orders are not 

appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. 

§ 2253(c)(1)(B) (2012). 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) (2012). When the 

district court denies relief on the merits, a prisoner satisfies this standard by demonstrating 

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 motion states a debatable claim of the denial of a 

constitutional right. Slack, 529 U.S. at 484-85. 

We have independently reviewed the record and conclude that Organes-Espino 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 this court and argument would not aid the 

decisional process.

DISMISSED