alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[No. 18513-0-II.

Division Two.

August 9, 1996.]

#### *In the Matter of the Marriage of*Miyoko Cox, *Appellant,*and Douglas Cox, *Respondent.*

Appeal from a judgment of the Superior Court for Kit-sap County, No. 93-3-00597-6, Leonard N. Costello, J., entered July 15, 1994. *Remanded*by unpublished opinion per Houghton, A.C.J., concurred in by Turner and Armstrong, JJ.
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## In the

Court of Appeals

Second A ppellate District of Texas

at Fort Worth

No. 02

- 18

- 00068

- CR

K ELLY R ODDY

, Appellant

V

.

T HE S TATE OF T EXAS §

§

§

§

§ On Appeal from Criminal District

Court No. 2

of Tarrant County (149617 3 D)

July 18, 2019

Per Curiam

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was no error in the trial court’s judgment. It is ordered that the judgment of the trial

court is affirmed.

SECOND DISTRICT COURT OF APPEALS

PER CURIAM
#### STATE ex rel. Roderick WILSON v. C. Paul PHELPS, Secretary, Louisiana Department of Corrections.

No. 87-KH-1412.

Supreme Court of Louisiana.

Feb. 26, 1988.

In re Wilson, Roderick; applying for writ of certiorari and/or review, writs of prohibition, mandamus and/or habeas corpus; Parish of Orleans, Criminal District Court, Div. “E”, No. 260-558.

Denied.
##### 



Exhibit 32.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002
  
    
    the Companys Quarterly Report on Form 10-Q for the period ended March 31, 2006
fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange
Act of 1934, as amended; and
    
    the information contained in such Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the Company.
  /s/ Jeffrey KornblumPresident and Chief Executive Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6989

KENNETH E. WILLIAMS,

Plaintiff - Appellant,

versus

MICHAEL W. MOORE; COLIE RUSHTON; DONALD

MCTAGGART; LEROY CARTLEDGE; D. BURNS,

Defendants - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Rock Hill. Patrick Michael Duffy, District

Judge. (CA-96-842-0-23)

Submitted: December 11, 1997 Decided: December 30, 1997

Before HALL and WILLIAMS, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Kenneth E. Williams, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying relief on

his 42 U.S.C. § 1983 (1994) complaint. We have reviewed the record

and the district court's opinion accepting the magistrate judge's

recommendation and find no reversible error. Accordingly, we affirm

on the reasoning of the district court. Williams v. Moore, No. CA96-842-0-23 (D.S.C. June 20, 1997). 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.

AFFIRMED
#### Shirley Karen WELLS v. ACTION APPAREL, INC., and Pacific Indemnity Company.

No. 58385.

Supreme Court of Mississippi.

March 8, 1989.

Rehearing Denied May 3, 1989.

James Ed Brown, Starkville, for appellant.

James F. Mixson, Shell, Buford, Bufkin, Callicutt & Perry, Jackson, for appellee.

Appeal from Circuit Court, Oktibbeha County; Ernest L. Brown, Judge.

Before ROY NOBLE LEE, C.J., and PITTMAN and BLASS, JJ.

AFFIRMED.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-7158

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

COREY LEVON JOYNER,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Elizabeth City. James C. Fox, 

Senior District Judge. (2:07-cr-00016-F-1; 2:08-cv-00034-F)

Submitted: November 30, 2010 Decided: December 7, 2010

Before WILKINSON, KEENAN, and WYNN, Circuit Judges.

Affirmed in part; dismissed in part by unpublished per curiam 

opinion.

Corey Levon Joyner, Appellant Pro Se. Jennifer P. May-Parker, 

Rudolf A. Renfer, Jr., Assistant United States Attorneys, 

Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Corey Levon Joyner seeks to appeal the district 

court’s order denying relief on his motions filed pursuant to 28 

U.S.C.A. § 2255 (West Supp. 2010), and 18 U.S.C. § 3582(c) 

(2006). The district court’s denial of Joyner’s § 2255 motion 

is not appealable unless a circuit justice or judge issues a 

certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). 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 

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 Joyner has not made the requisite showing. 

Accordingly, we deny a certificate of appealability and dismiss 

the portion of the appeal denying § 2255 relief.
3

Turning to the district court’s denial of Joyner’s 

§ 3582(c) motion, we have reviewed the record and find no 

reversible error. Accordingly, we affirm this portion of the

order for the reasons stated by the district court. United 

States v. Joyner, Nos. 2:07-cr-00016-F-1; 2:08-cv-00034-F 

(E.D.N.C. Aug. 4, 2010). 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.

AFFIRMED IN PART;

DISMISSED IN PART
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

In Re: Rosa Serrano

,

Relator. '

'

'

'

'

' No. 08

- 1 6

- 00 110

- CV

AN ORIGINAL PROCEEDING

IN MANDAMUS

O R D E R

Pending before the Court is Relator ’s request to seal documents attached to the motion.

Relator ’s motion to seal the records is denied. The Court will not post the motion or the documents

to the web. See T EX .R.A PP .P. 9.9(e).

IT IS SO ORDERED this 16 th day of August , 2016

.

PER CURIAM

Before McClure, C.J., R odriguez , and Hughes , JJ.

(Hughes, J., not participating)
III

106TH CONGRESS

2D SESSION S. RES. 244

Expressing sympathy for the victims of the tragic fire at Seton Hall

University in South Orange, New Jersey on January 19, 2000.

IN THE SENATE OF THE UNITED STATES

JANUARY 24, 2000

Mr. LAUTENBERG (for himself and Mr. TORRICELLI) submitted the following

resolution; which was considered and agreed to

RESOLUTION

Expressing sympathy for the victims of the tragic fire at

Seton Hall University in South Orange, New Jersey on

January 19, 2000.

Whereas at approximately 4:30 a.m. on January 19, 2000, a

fire broke out in the commons area on the third floor of

Boland Hall, a six story residence hall housing 600 students at Seton Hall University, and this fire took the

lives of three students—Frank S. Caltabilota of West

Long Branch, New Jersey, John N. Giunta of Vineland,

New Jersey, and Aaron C. Karol of Green Brook, New

Jersey, and, in addition, 58 persons were injured, including 54 students, two South Orange firefighters, and two

South Orange police officers;
2

SRES 244 ATS

Whereas numerous Seton Hall students risked their own lives

as the fire broke out to save the lives of their fellow dormitory residents;

Whereas firefighters, paramedics, police officers, and other

emergency personnel from the surrounding communities

worked bravely into the early morning darkness to reduce

casualties and extinguish the fire; and

Whereas the entire Seton Hall University community has

banded together in grief to remember the fallen students,

and numerous people outside the university recognize the

enormity of this tragedy and the need to do everything

possible to keep it from happening again since every student should be able to pursue an education in a safe, secure environment: Now, therefore, be it

1 Resolved, That the Senate—

2 (1) expresses its sympathy to the families and

3 friends of Frank S. Caltabilota, John N. Giunta,

4 and Aaron C. Karol on the occasion of the funeral

5 service on January 25, 2000;

6 (2) expresses its hope for a speedy recovery to

7 those students, firefighters, and police officers in8 jured in the fire;

9 (3) expresses its support for all of the students,

10 faculty, and staff at Seton Hall University as they

11 heal from this tragedy;

12 (4) expresses its support and thanks to the

13 brave firefighters, paramedics, police, and other

14 emergency workers who saved numerous lives; and
3

SRES 244 ATS

1 (5) pledges to ensure that Federal, State, and

2 local government entities work together to prevent a

3 tragedy like this from occurring again, so that our

4 Nation’s college students can live, work, and study

5 in the safest possible environment.

Æ
III

107TH CONGRESS

1ST SESSION H. CON. RES. 223

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 12, 2001

Received

CONCURRENT RESOLUTION

Permitting the use of the Rotunda of the Capitol for a

prayer vigil in memory of those who lost their lives

in the events of September 11, 2001.

1 Resolved by the House of Representatives (the Senate

2 concurring), That the Rotunda of the Capitol is authorized

3 to be used at any time on September 12, 2001, for a pray4 er vigil in memory of those who lost their lives in the

5 events of September 11, 2001. Physical preparations for
2

•HCON 223 RDS

1 the vigil shall be carried out in accordance with such con2 ditions as the Architect of the Capitol may prescribe.

Passed the House of Representatives September 12

(legislative day, September 11), 2001.

Attest: JEFF TRANDAHL,

Clerk.
Executive Employment Agreement



 Exhibit 10.1 
  
 AMENDMENT NO. 1 
 TO 
 EXECUTIVE EMPLOYMENT AGREEMENT 
  
 This Amendment No. 1 dated as of July 1, 2005 (“Amendment”) to the
Employment Agreement dated as of April 18, 2005 (the “Agreement”) is by and between Leslie’s Poolmart, Inc. (the “Company”) and Steven L. Ortega (“Executive”). 
  
 Recitals 
  
 The Company and Executive agree that it is in the best interest of the Company to provide for a period during which the
Executive will not assume the role of Chief Financial Officer but will commence employment with the Company in order to assure a smooth transition upon the resignation of the Company’s current Chief Financial Officer. 
  
 Agreement 
  
 1. The Company and Executive agree to amend and restate Section 3 of the
Agreement in full as set forth below: 
  
 3.
Position and Duties. During the Term of Employment, Executive will serve as Executive Vice President and Chief Financial Officer of Company; provided that in the event Executive commences employment prior to the resignation date of Donald
Anderson, the Company’s current Chief Financial Officer, Executive will not assume such position or responsibilities until the date following Mr. Anderson’s resignation therefrom. Promptly after the date Executive becomes the
Company’s Chief Financial Officer, the Company will appoint Executive to fill a vacancy on the Board of Directors of the Company (the “Board”) and each year thereafter, Company will nominate and recommend Executive for reelection to
the Board at each appropriate meeting of stockholders. Executive will have responsibilities and authority, and perform executive duties, appropriate to his position. Excluding periods of vacation and sick leave, Executive is to devote substantially
his full attention and time to his responsibilities to Company. However, he may serve on boards and committees of other businesses or industrial groups, attend to personal investments, and engage in civic and charitable endeavors, provided that such
activities are not competitive with the business of Company and do not unduly interfere with Executive’s attention to his responsibilities under the Agreement. 
  
 2. Capitalized terms used but not defined herein shall have the same meanings as assigned to them in the Agreement.

  
 3. Except as expressly amended hereby, the Agreement is in
full force and effect. 
  
 [Signature Page Follows] 









 IN WITNESS WHEREOF, the parties hereto have executed and delivered this Amendment as of the day and year first above
written. 
  

									
	 LESLIE’S POOLMART, INC.
	 	 	 	 STEVEN L. ORTEGA

			
	 /s/ Lawrence H. Hayward
	 	 	 	 /s/ Steven L. Ortega

	 Name:
	 	 Lawrence H. Hayward
	 	 	 	 	 	 
	 Title:
	 	 President and CEO
SUPPLEMENTAL CREDIT FACILITY AGREEMENT/
                                 ADDENDUM NO. 2


                                  March 8, 1999



Avado Brands, Inc.
Corporate Headquarters
Hancock at Washington
Madison, Georgia 30650
Attn:    Erich J. Booth,
         Chief Financial Officer

Gentlemen:

     We  refer  to our  Supplemental  Credit  Facility  Agreement,  dated  as of
December  24,  1998,  with you,  as amended by a  Supplemental  Credit  Facility
Agreement/Addendum  dated as of February 26, 1999 ("Supplemental Credit Facility
Agreement"). Capitalized terms used herein and not defined herein shall have the
meanings assigned to them in the Supplemental Credit Facility Agreement.

     This Addendum will confirm our agreements with you as follows:

     (a) On the date hereof we will make a single  disbursement to you under the
Credit  Facility  in such  amount as will cause the  outstanding  Debt under the
Credit Facility to equal $23,675,017.  Such disbursement will be used by you for
the purposes specified on Exhibit A attached hereto.

     (b) The Credit  Facility will continue to be a  non-revolving  facility and
you shall have no right to obtain any further disbursements thereunder.

     (c) The  disbursement  under the Credit Facility made pursuant hereto shall
bear interest,  payable at maturity,  at an interest rate equal to the Base Rate
plus one percent (1%) per annum.

     (d) Your Debt under the Credit Facility, as increased hereby, will continue
to be evidenced by the Supplemental Credit Facility Note.

     (e) The Maturity Date of the Credit  Facility  shall be extended from March
15, 1999 to March 31, 1999, on which date the Credit  Facility  shall  terminate
and the  entire  Borrowing  thereunder,  together  with all  accrued  and unpaid
interest thereon, shall be due and payable in full.

     (f) In consideration of our making to you of the disbursement  contemplated
hereby, you shall pay to us on the date hereof, a fee in the amount of $75,000.

     By your  execution of this  Addendum  below,  you hereby (i)  represent and
warrant that no Credit Line Event of Default,  or event which with notice or the
passage of time, or both, would  constitute a Credit Line Event of Default,  has
occurred and is  continuing  and (ii) ratify and reaffirm all  provisions of the
Supplemental  Credit Facility  Agreement,  the Supplemental Credit Facility Note
and  all  related   documents,   instruments   and   agreements   (collectively,
"Supplemental Credit Facility Documents").

     As amended  hereby,  all  provisions of the  Supplemental  Credit  Facility
Documents shall continue in full force and effect.

Sincerely yours,

                                  WACHOVIA CAPITAL INVESTMENTS, INC.

                                  By:____________________________________
                                  Authorized Officer

                                  Acknowledged and agreed:


                                  AVADO BRANDS, INC.

                                  By:___________________________
                                  Authorized Officer
* 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 April 4, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-51277 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JORGE LUNA-DIAZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-890-ALL

-------------------- Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Jorge Luna-Diaz raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
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Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, 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. 

 _________________________________________ 

 Clerk

March 29, 2011 

0321 

Order 

 

March 29, 2011 

142318 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 142318 

 COA: 293819 

Wayne CC: 09-011120-FH 

MAURICE ANTHONY GRANBERRY, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the November 9, 2010 

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

persuaded that the question presented should be reviewed by this Court. 

 ZAHRA, J., did not participate because he was on the Court of Appeals panel.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-2856

_____________________________

RENALDO DIMITRI REEVES,

Petitioner,

v.

STATE OF FLORIDA,

Respondent.

_____________________________

Petition for Belated Appeal—Original Jurisdiction.

August 22, 2018

PER CURIAM.

The petition for belated appeal is denied on the merits.

ROBERTS, KELSEY, and WINSOR, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

Renaldo Dimitri Reeves, pro se, Petitioner.
2

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.