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#### INDUSTRIAL CLAIM APPEALS OFFICE and Anthony Edward Pagnotta, Petitioners, v. MID-CONTINENT RESOURCES, INC. and State Compensation Insurance Authority, Respondents.

No. 88SC353.

Supreme Court of Colorado.

Dec. 4, 1989.

Jon C. Thomas, Colorado Springs, Colo., for petitioner Anthony Edward Pagnotta.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Michael J. Steiner, First Asst. Atty. Gen., Carolyn A. Boyd, Asst. Atty. Gen., Denver, Colo., for petitioner Industrial Claim Appeals Office.

Anderson, Campbell & Laugesen, P.C., Raymond F. Callahan, Denver, Colo., for respondent Mid-Continent Resources, Inc.

Paul Tochtrop, Denver, Colo., for respondent State Compensation Ins. Authority.

Michael E. Harr, Debra Seeley, Denver, Colo., for amicus curiae Colo. Defense Lawyers Ass’n.

PER CURIAM.

We granted certiorari to review the court of appeals unpublished decision in *Mid-Continent Resources, Inc. v. Industrial Claim Appeals Panel of the State of Colorado,*No. 87CA0706 (Colo.App., April 28, 1988). Anthony Pagnotta sustained an industrial injury prior to July 1, 1987, and underwent a vocational rehabilitation evaluation after attaining maximum medical improvement. On the basis of the evaluation, the administrative law judge directed Pagnotta to commence a vocational rehabilitation program and ordered the insurance carrier to continue paying temporary disability benefits until Pagnotta’s commencement of the vocational rehabilitation program. The Industrial Claim Appeals Panel affirmed the decision of the administrative law judge. The court of appeals, however, reversed the panel and held that Pagnotta was not entitled to temporary disability benefits for the time period following maximum medical improvement but prior to his actual commencement of a vocational rehabilitation plan.

In accordance with our decision in *Allee v. Contractors, Inc.,*783 P.2d 273 (Colo.1989), we reverse the judgment of the court of appeals and remand the case to that court with directions to reinstate the order of the Industrial Claim Appeals Panel that awarded Anthony Pagnotta temporary disability benefits until such time as Pag-notta commenced a vocational rehabilitation program.
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











The undersigned, Timothy J. Neher, the Chief Executive Officer, Chairman of the Board of Directors and Treasurer of ACCELERATED ACQUISITIONS XX, INC. (the “Company”), DOES HEREBY CERTIFY that:





1.  The Company's Quarterly Report on Form 10-Q for the quarter ended  June 30, 2012 (the “Report”), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and





2.  Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.





IN WITNESS WHEREOF, each of the undersigned has executed this statement this 14th day of August, 2012.








Dated:  August 14, 2012








/s/ Timothy J. Neher


Timothy J. Neher


Chief Executive Officer and Chief Financial Officer





A signed original of this written statement required by Section 906 has been provided to ACCELERATED ACQUISITIONS XX, INC. and will be retained by ACCELERATED ACQUISITIONS XX, INC. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.1


           CERTIFICATE 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 Fortune Diversified Industries, Inc.
(the "Company") on Form 10-KSB for the period ending August 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
Carter M. Fortune, as Chief Executive Officer (Principal Operating Officer),
hereby certifies, 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 Section13(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
     as of and for the period covered by the Report.



                                                  /s/ Carter M. Fortune
                                                  -----------------------------
                                                  Carter M. Fortune
                                                  Chief Executive Officer
                                                  (Principal Operating Officer)
                                                  November 26, 2003
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
on Form 10-Q for the period ended December 31, 2013 of MarketingMobileText, Inc., a Nevada corporation (the “Company”),
as filed with the Securities and Exchange Commission on the date hereof (the “Annual Report”), I, Anselm Bartholomew,
Chief Executive Officer, Chief Financial officer and Director 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 Quarterly Report fully complies
with the requirements of Section 13(a) or15(d) of the Securities and Exchange Act of 1934, as amended; and



2. The information contained in this Annual
Report fairly presents, in all material respects, the financial condition and results of operation of the Company.



Date: February 19,, 2014



|/s/ Anselm Bartholomew                                                       | 
|---------------------------------------------------------------------------- | 
|Name: Anselm Bartholomew                                                     | 
|Title: Chief Executive Officer, Chief Financial officer and Director        
|(Principal Executive Officer and Principal Financial and Accounting Officer)
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Aaron Philip Fernandez v. The State of Texas

Appellate case number: 01

- 21

- 00541

- CR

Trial court case number: 1609682

Trial court: 177th District Court of Harris C ounty

On February 15 , 2022, Appellant Aaron Philip Fernandez filed a “ Motion to Withdraw

and Motion to Substitute Counsel

, ” requesting that Seth Kretzer be allowed to withdraw as

A pp ellant ’ s counsel and Kristen J ernigan be su bstituted as A ppell ant ’s couns el

. Appellant ’s

motion is granted

.

The Clerk of this Court is directed to note Seth Kretzer ’s withdrawal as counsel for

A ppellant and to substitute Kristen J ernigan as counsel for A ppell an t on the doc ket of this Court.

It is so ORDERED.

Judge’s signatu re: /s/ Ver o nica Rivas

- Molloy

Acting individually

Date: February 24

, 2022
#### Valencic, Appellant, *v.*Opaskar, Exr., Appellee.

(No. 30924

Decided February 26, 1947.)

*535
      *Mr. Alfred L. Steuer,*for appellant.

*Mr. Frank V. Opaskar,*for appellee.

It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

*Appeal dismissed.*

Weygandt, C. J., Turner, Matthias, Zimmerman, Bell and Sohngen, JJ., concur.

Hart, J., not participating.
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### I N THE UNI TED STATES COURT OF APPEALS FOR THE FI F TH CI RCUI T

No. 12-40350 Summary Calendar
UNITED STATES OF AMERICA, Plaintiff-Appellee

v. JOSE ALFREDO ORNELAS-LEDEZMA, Defendant-Appellant

A ppeal from the United States District Court for the Southern District of Texas USDC No. 1:11-CR-937-1
Before JONES, DENNIS and HAYNES, Circuit Judges. PER CURIAM: * This appeal, in which the a ppellant may be r eleased from prison as early

as February 26 after serving an 18-month within guidelines sentence for illegal reentry, represents the t r i u m ph of hope over practicality. As the defendant’s brief noted in i ts statement regarding oral argument, the ca se is likely to be resolved by t he appeal in United S tates v. Domingo-Alvarado , 6 95 F.3d 3 24 (5th Cir. 2012), and indeed it is. Defendant raises o n appeal for the first time whether the trial court should have explained why it was i m posing supervised U n i t e d S t a te s C o u r t o f A p p e al s

F i f t h C i rc u i t 

### F I L E D February 21, 2013 Ly l e W . Cay ce Clerk

* Purs uant to 5 T H C I R
. R

. 47. 5, the court has d eterm ined that this op inion should not be p ublis hed and is not p reced ent excep t und er the lim ited circum s tances s et forth in 5 T H C I R
. R. 47. 5. 4. Case: 12-40350 Document: 00512151168 Page: 1 Date Filed: 02/21/2013No. 12-40350

release n otwithstanding the hortatory language in recent official Commentary to the Guidelines. See U

. S

. S

. G. § 5D1.1, comment (n.5)(Nov. 1, 2011). Defendant argues t hat the imposition of a putative three year term of supervised

r elease on him is procedurally a nd substantively unreasonable. For the s a m e
reasons that motivat e d the court in Domingo-Alvarado , and our even more recent opinion in United States v. Garcia-Lemus , No. 12-4035 3 ( J a nuary 28, 2013)(unpublished), w e find no pl ain error. S ee Puckett v. United States , 556 U.S. 129, 135 (2009). AFFIRMED.

2 Case: 12-40350 Document: 00512151168 Page: 2 Date Filed: 02/21/2013
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7207

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. LONNIE VANN WRIGHT, Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. N. Carlton Tilley, Jr., District Judge. (1:05-cr-00131-NCT-1; 1:07-cv-00668-NCT-PTS)

Submitted: October 21, 2008 Decided: October 29, 2008

Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lonnie Vann Wright, Appellant Pro Se. Randall Stuart Galyon, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Lonnie Vann Wright seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing as untimely his 28 U.S.C. § 2255 (2000) motion. The order is not appealable 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 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 that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district

court is likewise debatable. Miller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000);

Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Wright 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
# Unite d States Court of Appe als

F O R T HE D I S T R

I C T O F C O L U M B I A

C I RC U I T

Filed: January

15, 2019

No. 18-1157

A I R T R A N S P O R T A S S O C I A TI O N

O F A M E R

I C A , I N C ., D / B / A A I R L I N E S F O R A M E R

I C A , P E TI TI O N E R

v.
F E D E R AL A V I A TI O N A D M I

N I S TR A TI O N , R E S P O N D E

N T

P O R T O F P O R

TL A N D , I N TE R V E N O R

On Motion for Stay

of B riefingSchedule f

or F inal Br ief in L ight of

L apse of Appropria tions

Be fore : R O G E R S and T A TE L , Circuit Judges , and R A N D O L P H *, Senior Circuit Judge

O R D E R Upon consider ation of the motion of re spondent for stay of the brie fing schedule for f inal brief in lig ht of the lapse of appropr iations, and the opposition thereto, it is2
ORDERED that the motion be denied.

P er C uriam

F OR THE COURT:

Mark J. L ang er, Cler

k

BY : /s/ Ken Me adows Deputy

Clerk

* A statement by Senior Circuit J udg e Randolph, diss en ting fr o m the denial of the motion for stay of the briefing sched u l e for f inal brief, is a ttached.RA ND O L P H , Senior Circuit Judge , dissenting :
For the rea s o ns stated in Kornitz ky Group, LLC v. Elwell , No. 18-1 1 6 0 , ___ F.3d ___, 2019 WL 138710, at *2–3 (D.C. Cir. J an. 9, 2019) (Randolph, J ., dissenting) , I diss en t from the panel’ s denial of the motion for a stay

. The majority ’s order in eff ect direc ts a

g overnme nt attorney

to perfor m work unrela ted to any “eme rg encie s involving t h e safe ty of human life or the protec tion of proper

ty ” an d not otherwise “author ized by law” in violation of the Anti-Def iciency Act. 31 U.S.C. § 1342.
After we published the opinions in Kornitz ky , it came to my atten t ion that sever al day s ear lier a differ ent panel, in response to the g overnme nt’s § 1342 motion, g rante d an extension of the briefing schedule in a case in whi ch t h e gover nment is a party

. See United States v. Vasquez-Be nitez , No. 1 8 -3076 (D.C. Cir. J an. 3, 2018) (per curiam order ). We now have another panel’ s g rant of a simil ar extension, albeit in a case t h at will be submitt ed without oral ar gument. See Franklin-Mason v. Spencer , No. 17-5135 (D.C. Cir. J an. 10, 2018) (per curia m order ).

I t is obvious that our circ uit has not sett l ed upon any principled way of deciding thes e stay motions. There is no analy tical differ ence betwee n a mo tion to stay a briefing schedule (as in this case ) and a motion to postpone oral argument (as in Kornitz ky ).
Exhibit 32.02
                                                                 -------------
                                 CERTIFICATION

     I, Debi B. Halbert, the Chief Financial Officer of ProFutures, Inc., as
general partner of Alternative Asset Growth Fund, L.P., certify that (i) the
Form 10-K for the year ended December 31, 2004 of Alternative Asset Growth
Fund, L.P. fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 and (ii) the information contained in the
Form 10-K for the year ended December 31, 2004 fairly presents, in all
material respects, the financial condition and results of operations of
Alternative Asset Growth Fund, L.P.



                          ALTERNATIVE ASSET GROWTH FUND, L.P.

                          By:  ProFutures, Inc., general partner



                          By:  /s/ Debi B. Halbert

                               ---------------------------------
                               Debi B. Halbert
                               Chief Financial Officer
                               March 30, 2005
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Exhibit 10(a)



 EXHIBIT 10(a) 

Consent of Independent Registered Public Accounting Firm 







 Consent of Independent Registered Public Accounting Firm 

We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in the Statement of Additional
Information and to the use of our reports: (1) dated April 19, 2010, with respect to the statutory-basis financial statements and schedules of Transamerica Life Insurance Company, and (2) dated April 23, 2010, with respect to the financial
statements of the subaccounts of Separate Account VA B, included in Post-Effective Amendment No. 36 to the Registration Statement (Form N-4 No. 33-56908) under the Securities Act of 1933 and related Prospectus of Transamerica Freedom Variable
Annuity. 
 /s/ Ernst & Young LLP 

Des Moines, Iowa 
 April 27, 2010
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