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

SANDEE BRYAN MARION

 CHIEF JUSTICE

KAREN ANGELINI

MARIALYN BARNARD

REBECA C. MARTINEZ

PATRICIA O. ALVAREZ

LUZ ELENA D. CHAPA

JASON PULLIAM

 JUSTICES

FOURTH COURT OF APPEALS DISTRICT

CADENA-REEVES JUSTICE CENTER 

300 DOLOROSA, SUITE 3200

SAN ANTONIO, TEXAS 78205-3037

WWW.TXCOURTS.GOV/4THCOA.ASPX

KEITH E. HOTTLE 

CLERK OF COURT

TELEPHONE

(210) 335-2635

FACSIMILE NO.

(210) 335-2762

August 5, 2015

Frank Y. Hill Jr.

Attorney At Law

P.O. Box 387

Boerne, TX 78006

* DELIVERED VIA E-MAIL *

Steven A. Wadsworth

Assistant District Attorney -

216th Judicial District

200 Earl Garrett St., Suite 202

Kerrville, TX 78028

* DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 04-14-00783-CR

Trial Court Case Number: 5442

Style: Joseph Thomas Gabay v. The State of Texas

Dear Counsel:

The above cause has been set for formal submission ON BRIEFS ONLY before this 

Court on Tuesday, September 8, 2015, before a panel consisting of Justice Rebeca C. Martinez, 

Justice Patricia O. Alvarez, and Justice Luz Elena D. Chapa.

Very truly yours,

KEITH E. HOTTLE, CLERK

____________________________

Cynthia A. Martinez

Deputy Clerk, Ext. 53853
TELEPHONE NO.: 465-3600

FROM: Steven C. Weaver SUBJECT: Regulations re: state air quality Assistant Attorney General control plan (18 AAC 50.030(2); Legislation/Regulations Section—Juneau 18 AAC 50.075(c))

Under AS 44.62.060, we have reviewed the attached regulations changes by the Department of Environmental Conservation, and approve the changes for filing by the lieutenant

governor. I have reviewed this project under a specific delegation dated March 10, 2009 from

the Regulations Attorney. A duplicate original of this memorandum is being furnished to the lieutenant governor, along with the two pages of regulations and the related documents.

You might wish to contact the lieutenant governor’s office to confirm the filing date and effective date of the attached regulation changes.

The January 1, 2009 public notice and the March 18, 2009 adoption order both state that this action is not expected to require an increased appropriation. Therefore, a fiscal note under

AS 44.62.195 is not required.

Scw

cc w/enc Gary Mendivil, Regulations ConLact

Depaflrnent of Environmental ConservaLion

Scott Sloane

Division of Air Quality

Dvpaitnwnt of Envirciimentai Conscrvatio4l

Tim Twomey

Assistant Attorney General

Environmental Section--Anchorage
chapter, as amended through February 20. 2009 [APRIL 4, 2008], are adopted by reference.

The plan includes the following documents which are also adopted by reference:

iSAAC 50.030(2) is amended to read:

(2) the Code ofthe City and Borough ofJuneau, Alaska, Chapter 36.40, amended

by the provisions of Ordinance of the City and Borough ofJuneau, Alaska, Serial No. 2008-28,

sec. 2 [91-52];

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 9/4/98, Register 147; am 1/1/2000,

Register 152; am 12/30/2000, Register 156; am 9/21/2001, Register 159; am 1/27/2002, Register

161; am 3/27/2002, Register 161; am 5/3/2002, Register 162; am 2/20/2004, Register 169; am

6/24/2004, Register 170; am 10/1/2004, Register 171; am 12/14/2006, Register 180; am

12/30/2007, Register 184; am 5/17/2008, Register 186; am 7/25/2008, Register 187; am

11/9/2008, Register 188; am _/_/ ,Register 

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

AS 46.14.020 AS 46.14.140

18 AAC 50.075(c) is amended to read:

(c) In the Mendenhall Valley wood smoke control area identified in 18 AAC 50.025(b),
50.030. (Eff. 1/18/97, Register 141; amj_/ ,Register 

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030
EXHIBIT 31.1**CERTIFICATIONS**I, William A. Furman, certify that:1. I have reviewed this quarterly report on Form 10-Q of The Greenbrier Companies, Inc. for thequarterly period ended November 30, 2005; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f)) for the registrant and have: (a) designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  (b) designed such internal control over financial reporting, or caused such internalcontrol over financial reporting to be designed under our supervision, to providereasonable assurance regarding the reliability of financial reporting and the preparationof financial statements for external purposes in accordance with generally acceptedaccounting principles;  (c) evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this quarterly report our conclusions about the effectiveness of thedisclosure controls and procedures based on such evaluation; and  (d) disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and5. The registrant’s other certifying officers and I have disclosed, based on our most recentevaluation, to the registrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions): (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information;and  (b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.Date: January 4, 2006/s/ William A. Furman
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.                  

###### Federal Reserve System

                    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841*et seq.*) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.                

The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 9, 2012.

A. Federal Reserve Bank of Richmond (Adam M. Drimer, Assistant Vice President) 701 East Byrd Street, Richmond, Virginia 23261-4528:

                    1.                     *First Carolina Financial Services, Inc.,*                     Durham, North Carolina; to become a bank holding company by acquiring at least 95 percent of the voting shares of First Carolina State Bank, Rocky Mount, North Carolina, and Pisgah Community Bank, Asheville, North Carolina.                

Board of Governors of the Federal Reserve System, March 9, 2012.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 2012-6147 Filed 3-13-12; 8:45 am]

BILLING CODE 6210-01-P
# PENSACDL

A Ba y Are aChamber

o f Commerc e Marc h10,201 0 Th e Honorabl e Raymon d H . LaHoo d Secretary U.S . Departmen t o fTransportatio n 120 0 Ne wJerse yAve , S E Washington , D C 2059 0 Docke t DOT-OST-2010-IH * Dea rMr . Secretary: Than k yo u fo rth e opportunit yt o expres s ou rsupport fo rth e applicatio n fo rantitrus t immunit yan d propose d join t busines s agreemen t file d b yAmerica n Airline s an d Japa n Airlines . Th e propose d allianc e betwee n thes e tw o airline s i s vita l fo roneworl d t o compet e effectivel ywit h th e Sta ran d SkyTea m alliance . Thi s increase d interallianc e competitio n wil l i n tur n enhanc e th e benefit s o fth e Department' s Ope n Skie s polic y- firs t b ysolidifyin g U.S.-Japa n Ope n Skies , the n b yservin g a s a foundatio n fo rfurthe r liberalizatio n acros s Asia . Afte ra thoroug h review , w e encourag e th e Departmen t o fTransportatio n t o approv e thi s applicatio n a s i t woul d enabl e thes e oneworl d allianc e airline s t o wor k closel y togethe rt o delive rhighl ycompetitiv e ai rtransportatio n services . Approva l fo rAA/JA L allianc e wil l hav e a positiv e impac t o n ai rtrave l b yofferin g customer s mor e service , schedulin g an d pricin g option s an d wil l hel p t o ensur e tha t customer s continu e t o benefi t fro m havin g thre e competitiv e ai ralliance s t o choos e from . I urg e yo u t o quickl yapprov e thi s application . Sincerely , Evo n Emerso n President/CE O cc : Dal e Morri s Melind a Crawfor d Kath yCargil e

117 W . Garde nStreet

• P.O . Bo

x 55 0 • Pensacola , F

L32591-055 0 850-438408 1 • Fax : 850438-636 9 www.pensacolachamber.co m
* Pursuant to 5 TH C IR . R. 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED August 25, 2006 Charles R. Fulbruge III Clerk United States Court of Appeals

Fifth Circuit 

## FILED IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41077 Conference Calendar

JON RAYMOND CARRIGAN, Petitioner-Appellant,

versus UNITED STATES OF AMERICA, Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas

USDC No. 5:05-CV-76

-------------------- Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM: * Jon Raymond Carrigan, federal prisoner # 26552-177, has filed a request for a certificate of probable cause, which is now known as a certificate of appealability (COA), to appeal the district court’s dismissal of his 28 U.S.C. § 2241 petition. Carrigan challenges his conviction and sentence for conspiracy to possess pseudoephedrine with the intent to manufacture methamphetamine. The district court dismissed the petition because Carrigan did not qualify to proceed under the “savingsNo. 05-41077 -2- clause” of 28 U.S.C. § 2255. Because Carrigan is a federal prisoner seeking to proceed under § 2241, he is not required to obtain a COA. See Jeffers v. Chandler , 253 F.3d 827, 830 (5th Cir. 2001). Carrigan does not address the basis for the district court’s conclusion that his § 2241 petition should be dismissed. Although pro se briefs are liberally construed, even pro se litigants must brief arguments to preserve them. Yohey v. Collins , 985 F.2d 222, 224-25 (5th Cir. 1993). Because Carrigan has not addressed the basis for the district court’s dismissal of his § 2241 petition, he has abandoned any argument that the district court erred when it dismissed his § 2241 petition for lack of jurisdiction. See Brinkmann v. Dallas County Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987).
AFFIRMED.
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular

cases on the basis of well-settled principles of law imposes

needless expense on the public and burdens on the legal

profession." Pursuant to that Rule, the court has determined

that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-20106

__________________

SHIRLEY CLARK LA BLANCHE

and GEORGE DERRELL LA BLANCHE,

 Petitioners-Appellants,

versus

WILLIAM T. HARMON, Judge,

 Respondent-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 95-MC-26

- - - - - - - - - -

September 15, 1995

Before JOLLY, DAVIS and JONES, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that the appellants' motion for the

appointment of counsel is DENIED, because their appeal from the

denial of mandamus relief lacks arguable merit and is therefore

frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.

1983). Because the appeal is frivolous, IT IS FURTHER ORDERED

that the appeal is DISMISSED. See 5th Cir. R. 42.2. Appellants
No. 95-20106

-2-

are warned that the filing of future frivolous appeals will

result in sanctions against them.

The appellants were named the defendants in a felony case

filed in a Texas state court. The trial judge and a state

appellate court denied their applications for the judge's

recusal. Appellants then sought to achieve that result by filing

a petition for mandamus in the United States district court. 

They now request the appointment of counsel to represent them on

appeal.

"[A] federal court lacks the general power to issue writs of

mandamus to direct state courts and their judicial officers in

the performance of their duties where [as in this case] mandamus

is the only relief sought." Moye v. Clerk, DeKalb County

Superior Court, 474 F.2d 1275, 1276 (5th Cir. 1973). In Howell

v. Supreme Court of Texas, 885 F.2d 308, 309-13 (5th Cir. 1989),

cert. denied, 496 U.S. 936 (1990), this court held that the

district court lacked jurisdiction under 42 U.S.C. § 1983 to

review Texas Supreme Court justices' refusal to recuse or

disqualify themselves in a state court civil proceeding. 

Accordingly, this appeal is frivolous as a matter of law.

MOTION FOR COUNSEL DENIED; APPEAL DISMISSED.
EXHIBIT 23.1

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the  incorporation  by  reference in the  Registration  Statements
(Form S-8 Nos. 33-97538 and 333-23635)  pertaining to the Accom, Inc. 1995 Stock
Option/Stock  Issuance Plan, the Accom,  Inc.  Employee Stock Purchase Plan, and
the Accom, Inc. 1997 Non-Executive Stock Option Plan of our report dated January
22, 2000, with respect to the consolidated financial statements and the schedule
included in this Annual Report (Form 10-K) of Accom, Inc.


                                                               Ernst & Young LLP

Palo Alto, California
March 30, 2000

                                       38

<PAGE>


<TABLE>
                                                             SCHEDULE II

                                                             ACCOM, INC.

                                                  VALUATION AND QUALIFYING ACCOUNTS
                                                   ALLOWANCE FOR DOUBTFUL ACCOUNTS
                                                           (In thousands)

<CAPTION>
                                                           Balance at    Charges to                                     Balance at
                                                          Beginning of    Cost and                                        End of
                                                             Period       Expenses    Deductions *   Other Adjustments    Period
                                                             ------       --------    ------------   -----------------    ------
<S>                                                           <C>            <C>          <C>             <C>              <C>
Year ended September 30, 1997 .......................           223          256            78               --              401
Year ended September 30, 1998 .......................           401         --             164               --              237
Three Months ended December 31, 1998 ................           237           29          --              2,630**          2,896
Year ended December 31, 1999 ........................         2,896         --             733               --            2,163

<FN>
*    All deductions represent write-offs of bad debt.

**   This  adjustment was made to increase  reserves as part of the  acquisition
     of Scitex Digital Video in December 1998.

</FN>
</TABLE>
**EXHIBIT 31.1** **CHIEF    EXECUTIVE OFFICER CERTIFICATION**     I, Mitchell C. Hill, certify that:     1. I have reviewed this Quarterly Report on    Form 10-Q    of Avanade Inc. for the period ended February 29, 2008, as    filed with the Securities and Exchange Commission on the date    hereof;     2. Based on my knowledge, this report does not contain any    untrue statement of a material fact or omit to state a material    fact necessary to make the statements made, in light of the    circumstances under which such statements were made, not    misleading with respect to the period covered by this report;     3. Based on my knowledge, the financial statements, and    other financial information included in this report, fairly    present in all material respects the financial condition,    results of operations and cash flows of the registrant as of,    and for, the periods presented in this report;     4. The registrant’s other certifying officer and I are    responsible for establishing and maintaining disclosure controls    and procedures (as defined in Exchange Act    Rules 13a-15(e)    and    15d-15(e))    for the registrant and have:     a) Designed such disclosure controls and procedures, or    caused such disclosure controls and procedures to be designed    under our supervision, to ensure that material information    relating to the registrant, including its consolidated    subsidiaries, is made known to us by others within those    entities, particularly during the period in which this report is    being prepared;     b) Evaluated the effectiveness of the registrant’s    disclosure controls and procedures and presented in this report    our conclusions about the effectiveness of the disclosure    controls and procedures, as of the end of the period covered by    this report based on such evaluation; and     c) Disclosed in this report any change in the    registrant’s internal control over financial reporting that    occurred during the registrant’s most recent fiscal quarter    (the registrant’s fourth fiscal quarter in the case of an    annual report) that has materially affected, or is reasonably    likely to materially affect, the registrant’s internal    control over financial reporting; and     5. The registrant’s other certifying officer and I    have disclosed, based on our most recent evaluation of internal    control over financial reporting, to the registrant’s    auditors and the audit committee of registrant’s board of    directors (or persons performing the equivalent functions):     a) All significant deficiencies and material weaknesses in    the design or operation of internal control over financial    reporting which are reasonably likely to adversely affect the    registrant’s ability to record, process, summarize and    report financial information; and     b) Any fraud, whether or not material, that involves    management or other employees who have a significant role in the    registrant’s internal control over financial reporting.     Dated: April 14, 2008 /s/  Mitchell    C. Hill    Mitchell C. Hill
---

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

I, Faith Lam, hereby 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 on Form 10-Q of China Health Care
      Corporation for the period ended March 31, 2009 (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 China Health Care Corporation.                                                                

Dated: May 20, 2009



| | /s/ *Faith Lam*                                                          
| | -------------------------------------------------------------------------
| | Faith Lam                                                                
| | Interim Chief Executive Officer and Interim
      Chief Financial Officer
| | (Principal Executive Officer, Principal
      Financial Officer          
| | and Principal Accounting Officer)                                        
| | China Health Care Corporation                                            

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to China Health
Care Corporation and will be retained by China Health Care Corporation and
furnished to the Securities and Exchange Commission or its staff upon
request.

---