alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-6540

In Re: ROBERT M. WILSON,

Petitioner.

On Petition for Writ of Mandamus.

(1:04-cv-02776-JFM)

Submitted: July 31, 2006 Decided: August 14, 2006

Before KING, GREGORY, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Robert M. Wilson, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Robert M. Wilson petitions for writ of mandamus seeking

an order reopening his federal habeas petition under 28 U.S.C.

§ 2241 (2000). The district court dismissed Wilson’s habeas

petition, originally asserted under 28 U.S.C. § 2254 (2000), as

time-barred. In the instant mandamus petition, Wilson asks this

court to direct the district court to reopen his petition under

§ 2241. We conclude that Wilson is not entitled to mandamus

relief. 

Mandamus relief is available only when the petitioner has

a clear right to the relief sought. In re First Fed. Sav. & Loan

Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). Further, mandamus is a

drastic remedy and should be used only in extraordinary

circumstances. Kerr v. United States Dist. Court, 426 U.S. 394,

402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).

Mandamus may not be used as a substitute for appeal. In re United

Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). 

The relief sought by Wilson is not available by way of

mandamus. Accordingly, we deny the petition for writ of mandamus.

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.

PETITION DENIED
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE 

READYONE INDUSTRIES, INC.,

RELATOR.

§

§

§

§

No. 08-15-00049-CV

ORIGINAL PROCEEDING

ON PETITION FOR WRIT OF 

MANDAMUS

O P I N I O N

Relator, ReadyOne Industries, Inc., has filed a petition for writ of mandamus against the 

Honorable Angie Juarez Barill, Judge of the 346th District Court of El Paso County, Texas, 

asking that we order her to rule on Relator’s Motion to Compel Arbitration.

To be entitled to mandamus relief, a relator must meet two requirements. First, the 

relator must show that the trial court clearly abused its discretion. In re Prudential Insurance 

Company of America, 148 S.W.3d 124, 135 (Tex. 2004). Second, the relator must demonstrate 

that there is no adequate remedy by appeal. Id. at 135-36. Mandamus may issue to compel a 

trial court to rule on a motion which has been pending before the court for a reasonable period of 

time. See In re Shredder Co., L.L.C., 225 S.W.3d 676, 679 (Tex.App.--El Paso 2006, orig. 

proceeding); In re Hearn, 137 S.W.3d 681, 685 (Tex.App.--San Antonio 2004, orig. proceeding); 

In re Chavez, 62 S.W.3d 225, 228 (Tex.App.-Amarillo 2001, orig. proceeding). To obtain 

mandamus relief for such refusal, a relator must establish: (1) the motion was properly filed and 
- 2 -

has been pending for a reasonable time; (2) the relator requested a ruling on the motion; and (3) 

the trial court refused to rule. See In re Shredder Co., 225 S.W.3d at 679; In re Hearn, 137 

S.W.3d at 685; In re Chavez, 62 S.W.3d at 228.

Relator filed its motion to compel arbitration on July 1, 2014 and Respondent conducted 

a hearing on the motion on August 13, 2014. Since the hearing, Relator has asked Respondent to 

rule with the most recent requests being made in January of 2015, but Respondent has not ruled 

on the motion to compel arbitration. Given that more than seven months has elapsed since the 

hearing without a ruling on the motion, we conclude that Relator has established its entitlement 

to mandamus relief. See In re Shredder, 225 S.W.3d at 680. While we have jurisdiction to 

direct the trial court to exercise its discretion, we are not permitted to tell the trial court how to 

rule on the motion to compel arbitration. See id. We therefore express no opinion on any of the 

issues raised in the motion to compel arbitration and Rodriguez’s response. The petition for writ 

of mandamus is conditionally granted. The writ will issue only if the trial court fails to rule on 

the motion to compel arbitration within thirty days.

April 10, 2015

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rodriguez, J., and Barajas, C.J. (Senior Judge)

Barajas, C.J. (Senior Judge)(Sitting by Assignment)
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 76 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
H. J. RES. 76

  Providing for congressional disapproval under chapter 8 of title 5, 
    United States Code, of the rule submitted by the Department of 
        Education relating to ``Borrower Defense Institutional 
                           Accountability''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2019

 Mrs. Lee of Nevada (for herself, Mr. Scott of Virginia, Ms. DeLauro, 
 Mrs. Davis of California, Mr. Grijalva, Mr. Courtney, Ms. Fudge, Mr. 
Sablan, Ms. Wilson of Florida, Ms. Bonamici, Mr. Takano, Ms. Adams, Mr. 
   DeSaulnier, Mr. Norcross, Ms. Jayapal, Ms. Wild, Mrs. McBath, Ms. 
Schrier, Ms. Underwood, Mrs. Hayes, Ms. Shalala, Mr. Levin of Michigan, 
Ms. Omar, Mr. Trone, Ms. Stevens, Mrs. Trahan, Mr. Castro of Texas, Mr. 
Espaillat, Mr. Pocan, Mr. Cleaver, Mrs. Bustos, Ms. Lee of California, 
  Mr. Danny K. Davis of Illinois, Mr. Case, Ms. Garcia of Texas, Mr. 
Moulton, Mr. Schrader, Ms. Frankel, Mr. Nadler, Mr. Clay, Ms. Pressley, 
     Ms. Scanlon, Ms. Schakowsky, Mr. Visclosky, Mr. Gallego, Ms. 
 Finkenauer, Ms. Castor of Florida, Mr. Pascrell, Mrs. Watson Coleman, 
    Ms. Tlaib, Mr. Richmond, Ms. Porter, Ms. Eshoo, Mr. Sires, Mrs. 
  Dingell, Mr. Cicilline, Ms. Meng, Mr. Lujan, Mr. Welch, Ms. Jackson 
Lee, Mr. Horsford, Mr. Garcia of Illinois, Mrs. Axne, and Mr. Harder of 
    California) submitted the following joint resolution; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                            JOINT RESOLUTION

 
  Providing for congressional disapproval under chapter 8 of title 5, 
    United States Code, of the rule submitted by the Department of 
        Education relating to ``Borrower Defense Institutional 
                           Accountability''.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Congress disapproves the 
rule submitted by the Department of Education relating to ``Borrower 
Defense Institutional Accountability'' (84 Fed. Reg. 49788 (September 
23, 2019)), and such rule shall have no force or effect.
                                 <all>
```
**EXHIBIT 32.2**






**CERTIFICATION
      OF CHIEF FINANCIAL
      OFFICER**


**PURSUANT
      TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**






I,
      Peter
      J. Anderson, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
      to
      Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of
      Prestige Brands Holdings, Inc. on Form 10-Q for the quarter ended September
      30,
      2007, fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934, as applicable, and that information contained
      in such Quarterly Report fairly presents, in all material respects, the
      financial condition and results of operations of Prestige Brands Holdings,
      Inc.




**/s/
                Peter J. Anderson**Name:  Peter
                J. AndersonTitle:    Chief
                Financial OfficerDate:    November
                8, 2007
#### Hartnett Co. *v.*Poultry Fancier Publishing Co.

*Practice, Supreme Court*— Auditor's *findings*— Confirmation *hy lower court*— Appeal.

The findings of an auditor confirmed by the court below will not be disturbed in the absence of convincing error.

Argued June 5, 1918.

July 17, 1918:

Appeal, No. 87, Jan. T., 1918, by C. J. Delone, from decree of C. P. York Co., Jan. T., 1915, No. *4,*in equity, confirming auditor’s report in R. W. Hartnett Co. v. Poultry Fancier Publishing Co.

Before Brown, C. J., Mosohzisker, Frazer, Walling and Simpson, JJ.

Affirmed.

Exceptions to report of Ray P. Sherwood, Esq., auditor appointed to distribute balance of the proceeds of the Poultry Fancier Pub. Co. Before Ross, J.

The lower court dismissed the exceptions and confirmed the report of the auditor. C. J. Delone,' the creditor, appealed.

*Errors*assigned, among others, were in dismissing exceptions to the report of the auditor.

Y. *K. Keesey,*for appellant.

*John J. Bollinger,*for appellee.

Per Curiam,

To sustain this appeal findings of the auditor, confirmed by the court below, would have to be disturbed, *104and, as we have not been convinced that there should be such disturbance, the decree of distribution is affirmed, at appellant’s costs.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-1170

ALI ASGHAR,

Petitioner,

versus

ALBERTO R. GONZALES, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration

Appeals. (A79-489-431)

Submitted: September 19, 2005 Decided: October 7, 2005

Before WILKINSON, KING, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Anser Ahmad, AHMAD LAW OFFICES, P.C., Harrisburg, Pennsylvania, for

Petitioner. John L. Brownlee, United States Attorney, Jean B.

Hudson, Assistant United States Attorney, Charlottesville,

Virginia, for Respondent.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
PER CURIAM:

Ali Asghar, a native and citizen of Pakistan, seeks

review of an order of the Board of Immigration Appeals (Board)

denying his motion to reconsider. We have reviewed the

administrative record and conclude that the Board did not abuse its

discretion in denying Asghar’s motion. See 8 C.F.R. § 1003.2(a),

(b) (2005). 

We accordingly deny the petition for review. 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.

PETITION DENIED
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 87 Enrolled Bill (ENR)]

        H.Con.Res.87
                                        Agreed to March 12, 2020        

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
            the third day of January, two thousand and twenty

                          Concurrent Resolution

    Resolved by the House of Representatives (the Senate concurring), 
That Emancipation Hall in the Capitol Visitor Center is authorized to 
be used on April 21, 2020, for a ceremony as part of the commemoration 
of the days of remembrance of victims of the Holocaust. Physical 
preparations for the ceremony shall be carried out in accordance with 
such conditions as the Architect of the Capitol may prescribe.
Attest:

                                 Clerk of the House of Representatives.

Attest:

                                               Secretary of the Senate.
```
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markm an 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 June 25, 2012

s0618 

# Order

June 25, 2012

144766

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 144766

COA: 307417

Monroe CC: 08

- 037378

- FC

CHRISTOPHER A. FLOWERS,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the January 12, 2012

order 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.
# C_2004106EN.01005404.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 106/54 |
| --- | --- | --- | --- |

30.4.2004

EN

Official Journal of the European Union

C 106/54

---

Removal from the register of Case C-393/03 (1)

1

(2004/C 106/104)

By order of 16 March 2004, the President of the Court of Justice of the European Communities has ordered the removal from the register of Case C-393/03: Republic of Austria v Commission of the European Communities.

Republic of Austria

Commission of the European Communities

---

(1)  OJ C 264 of 1. 11. 2003.

1

---
Exhibit 31.1  Certifications  I, Mike McKeever, certify that:  1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Carvana Auto Receivables Trust 2021-P3 (the “Exchange Act periodic reports”); 2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports; 4. Based on my knowledge and the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and 5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d- 18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K. In giving the certifications above, I have reasonably relied on information provided to me by the following  unaffiliated parties: Wells Fargo Bank, National Association and Computershare Trust Company, National  Association.  Date: March 26, 2024  /s/ Mike McKeever  Mike McKeever  President  Carvana Receivables Depositor LLC  (senior officer in charge of securitization)
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 90 Received in Senate (RDS)]

<DOC>
116th CONGRESS
  2d Session
H. J. RES. 90

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 30, 2020

                                Received

_______________________________________________________________________

                            JOINT RESOLUTION

 
  Providing for congressional disapproval under chapter 8 of title 5, 
    United States Code, of the rule submitted by the Office of the 
 Comptroller of the Currency relating to ``Community Reinvestment Act 
                             Regulations''.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Congress disapproves the 
rule submitted by the

              

 Office of the Comptroller of the Currency relating to ``Community 
Reinvestment Act Regulations'' (85 Fed. Reg. 34734; published June 5, 
2020), and such rule shall have no force or effect.

            Passed the House of Representatives June 29, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 20

- 3540

_____________________________ G ATOR J AMES M ITCHELL , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County

. Coleman Lee Robinson , Judge

. September 10, 2021

P ER C URIAM

.
A FFIRMED

. R AY , J AY , and T ANENBAUM , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Jessica J. Yeary, Public Defender, and Lori A. Willner, Assistant Public Defender, Tallahassee
, for Appellant.

Ashley Moody, Attorney General, Tallahassee
, for Appellee.
THE STATE OF TEXAS

MANDATE

TO THE COUNTY COURT AT LAW OF RUSK COUNTY, GREETINGS:

Before the Court of Appeals for the Sixth Court of Appeals District of Texas, on the 23rd 

day of January, A.D. 2015, the cause upon appeal to revise or reverse your Judgment was 

determined; and therein our said Court made its order in these words:

In re Estate of June Elaine Gibson, 

Deceased

No. 06-14-00098-CV

Trial Court No. 2013-148P

As stated in the Court’s opinion of this date, we find that the motion of the appellant to 

dismiss the appeal should be granted. Therefore, we dismiss the appeal.

We further order that the appellant, Karen Anderson, pay all costs of this appeal.

WHEREFORE, WE COMMAND YOU to observe the order of our said Court in this 

behalf, and in all things to have it duly recognized, obeyed, and executed.

WITNESS, the Hon. Josh R. Morriss, III, Chief Justice of our said Court of Appeals, with 

the seal thereof annexed, at the City of Texarkana, this the 9th day of April, A.D. 2015.

DEBRA K. AUTREY, Clerk
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
undersigned, the Chief Executive Officer of ABC Funding, Inc. (the “Company”),
does hereby certify under the standards set forth and solely for the purposes of
18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that the Quarterly Report on Form 10-Q of the Company for the quarter
ended September 30, 2008, fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and information contained in
that Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of the Company.





Dated:  November
      19, 2008
            
            /s/  Robert P. MunnRobert
      P. MunnPresident
      and Chief Executive Officer
              (Principal
      Executive Officer)




A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon
request.
[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Notices]
[Page 23226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9167]


=======================================================================
-----------------------------------------------------------------------

COMMISSION OF FINE ARTS


Notice of Meeting

    The next meeting of the U.S. Commission of Fine Arts is scheduled 
for 18 April 2012, at 10 a.m. in the Commission offices at the National 
Building Museum, Suite 312, Judiciary Square, 401 F Street NW., 
Washington, DC 20001-2728. Items of discussion may include buildings, 
parks, and memorials.
    Draft agendas and additional information regarding the Commission 
are available on our Web site: www.cfa.gov. Inquiries regarding the 
agenda and requests to submit written or oral statements should be 
addressed to Thomas Luebke, Secretary, U.S. Commission of Fine Arts, at 
the above address; by emailing <a href="/cdn-cgi/l/email-protection#2655524740406645404708414950"><span class="__cf_email__" data-cfemail="443730252222042722256a232b32">[email protected]</span></a>; or by calling 202-504-
2200. Individuals requiring sign language interpretation for the 
hearing impaired should contact the Secretary at least 10 days before 
the meeting date.

    Dated: April 11, 2012 in Washington, DC.
Thomas Luebke,
Secretary.
[FR Doc. 2012-9167 Filed 4-17-12; 8:45 am]
BILLING CODE 6331-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
April 9, 2015

JUDGMENT

The Fourteenth Court of Appeals

DAVID GOAD, Appellant

NO. 14-13-00861-CV V.

HANCOCK BANK F/K/A PEOPLES FIRST COMMUNITY BANK, Appellee

________________________________

This cause, an appeal from the judgment in favor of appellee, Hancock Bank 

f/k/a Peoples First Community Bank, signed, August 26, 2013, was heard on the 

transcript of the record. We have inspected the record and find no error in the 

judgment. We order the judgment of the court below AFFIRMED.

We order appellant, David Goad, to pay all costs incurred in this appeal. 

We further order this decision certified below for observance.
EXHIBIT 35.1








ANNUAL SERVICER COMPLIANCE STATEMENT PURSUANT TO ITEM 1123 OF REGULATION AB





CARMAX BUSINESS SERVICES, LLC








The undersigned, a duly authorized officer of CarMax Business Services, LLC, as Servicer pursuant to Section 3.10 of the Sale and Servicing Agreement dated as of October 1, 2022 (the "Sale and Servicing Agreement") among CarMax Auto Owner Trust 2022-4, as Issuer (the "Issuer"), CarMax Auto Funding LLC, as Depositor, and CarMax Business Services, LLC, as Servicer (the "Servicer"), does hereby certify that:





1. CarMax Business Services, LLC is, as of the date hereof, the Servicer under the Sale and Servicing Agreement.





2. The undersigned is duly authorized to execute and deliver this Officer's Certificate.





3. A review of the activities of the Servicer during the period beginning on October 31, 2022 and ending on February 28, 2023 and of the Servicer's performance under the Sale and Servicing Agreement was made under my supervision.  To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Sale and Servicing Agreement in all material respects throughout such period.








Capitalized terms used in this certificate and not otherwise defined herein have the meanings assigned to them in the Sale and Servicing Agreement.





IN WITNESS WHEREOF, the undersigned, a duly authorized officer of the Servicer, has duly executed this Officer's Certificate this 26th day of May, 2023.





CARMAX BUSINESS SERVICES, LLC





/s/ Andrew J. McMonigle


Andrew J. McMonigle


Vice President and Treasurer