alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. 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that this opinion should not be published and is not precedent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 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

September 25, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-60825

Summary Calendar

 

AFEES OLAJUWON,

Petitioner,

versus

JOHN ASHCROFT, U.S.

ATTORNEY GENERAL,

Respondent.

--------------------

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A74-203-064 

--------------------

Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.

PER CURIAM:*

Afees Olajuwon, a native and citizen of Nigeria, appeals an

order issued by the Board of Immigration Appeals (“BIA”) that

summarily affirmed the decision of the Immigration Judge (“IJ”)

denying Olajuwon’s application for voluntary departure. Olajuwon

argues that his due process rights were violated at various

stages of his removal proceedings because he was denied the

opportunity to argue his eligibility for voluntary departure, was

not informed of the grounds of his denial by the IJ, and because
No. 02-60825

-2-

the BIA summarily affirmed the decision. The record reflects

that Olajuwon never objected that he was denied the opportunity

to argue statutory eligibility. In any event, the record

demonstrates that the IJ informed Olajuwon that the basis for the

decision was Olajuwon’s statutory ineligiblity due to his status

as an arriving alien. In addition, this court has held that the

summary affirmance procedure utilized by the BIA does not

constitute a due process violation. See Soadjede v. Ashcroft,

324 F.3d 830, 832-33 (5th Cir. 2003). Olajuwon’s due process

challenge is without merit.

Olajuwon also argues that the IJ erred in denying his

application for voluntary departure. At his removal hearing,

Olajuwon confirmed that he was applying for a voluntary departure

prior to the commencement of removal proceedings under 8 U.S.C 

§ 1229c(a)(1). At the hearing and later in his reply brief,

Olajuwon conceded his status as an “arriving alien.” Under these

circumstances, Olajuwon is ineligible for voluntary departure. 

8 U.S.C. § 1229c(a)(4); In re Arguelles-Campos, 22 I & N Dec. 811

n.2 (BIA 1999). For the first time in his reply brief, Olajuwon

alternatively argues that he is applying for voluntary departure

as an “applicant for admission.” This court will not review this

argument raised for the first time in his reply brief. See Unida

v. Levi Strauss Co., 986 F.2d 970, 976 n.4 (5th Cir. 1993). 

Olajuwon’s petition for review is DENIED.
Exhibit 31.1
CERTIFICATION
 
I, **Harpreet S. Sangha**, certify that:

(1)        I have reviewed this report on Form 10-QSB for the quarterly period ended August 31, 2007 of Douglas Lake Minerals Inc.;

(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 small business issuer as of, and for, the periods presented in this report;

(4)        The small business issuer's other certifying officer(s) 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 small business issuer 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 small business issuer, 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 small business issuer'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 small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and

(5)        The small business issuer's other certifying officer(s) and I have disclosed, based on our most recent evaluation of the internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer'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 small business issuer'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 small business issuer's internal control over financial reporting.

Date:     October 19, 2007.
*"Harpreet S. Sangha"

By:          **Harpreet S. Sangha***
Exhibit 31.2

PRINCIPAL FINANCIAL OFFICER CERTIFICATION



I, Patrick McGrath, the Chief Financial Officer of Furio Resources Inc., certify that:



1.

I have reviewed this quarterly report on Form 10-QSB of Furio Resources Inc.;



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 small business issuer as of, and for, the periods presented in this report;



4.

The small business issuers other certifying officer(s) 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 small business issuer 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 small business issuer, including its consolidated subsidiary, 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 small business issuer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 small business issuers internal control over financial reporting that occurred during the small business issuers most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the small business issuers internal control over financial reporting; and



5.

The small business issuers other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuers auditors and the audit committee of the small business issuers board of directors (or persons performing the equivalent functions):



a)

all significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the small business issuer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 small business issuers internal control over financial reporting.



Date: January 7, 2005



/s/ Patrick McGrath

Name: Patrick McGrath

Title: Chief Financial Officer, Secretary and Director
Exhibit 21

Subsidiaries
of the registrant are as follows:

|                                    |  | State or Other
Jurisdiction of
Incorporation or
Organization
|----------------------------------- |  | ------------------------------------------------------------
|OfficeMax Contract, Inc.            |  | Delaware                                                    
|Picabo Holdings, Inc.               |  | Delaware                                                    
|OfficeMax Nevada Company            |  | Nevada                                                      
|Loving Creek Funding Corporation    |  | Delaware                                                    
|Grand & Toy Limited                 |  | Ontario, Canada                                             
|National Office Products Ltd.       |  | Australia                                                   
|OfficeMax Southern Company          |  | Louisiana                                                   
|OfficeMax New Zealand Limited       |  | New Zealand                                                 
|OfficeMax North America, Inc.       |  | Ohio                                                        
|OMX Timber Finance Holdings I, LLC  |  | Delaware                                                    
|OMX Timber Finance Holdings II, LLC |  | Delaware                                                    
|Clearfield Insurance Limited        |  | Bermuda                                                     
|OfficeMax de Mexico                 |  | Mexico                                                      

---

Note:    The
names of various consolidated wholly owned subsidiaries have been omitted. None of the omitted subsidiaries, considered either alone or together with the other omitted
subsidiaries, constitutes a significant subsidiary.

---
Court of Appeals

Twelfth Court of Appeals District at Tyler

BILL OF COSTS

Court of Appeals No. 12-14-00131-CV

Trial Court No. 09-00138

Edom Corner, LLC and Earl A. Berry, Jr.

Vs.

It's the Berry's, LLC d/b/a Mary Ellen's

DOCUMENTS FILED AMOUNT FEE PAID BY

Motion fee

Indigent

Supreme Court chapter 51 fee

Required Texas.gov efiling fee

Filing

$15.00

$25.00

$50.00

$20.00

$100.00

Richard L Ray

Richard Ray

Richard Ray

Richard Ray

Richard Ray

TOTAL: $210.00

I, Cathy S. Lusk, Clerk of the Court of Appeals, Twelfth Court of Appeals District at Tyler,

Texas, certify that the above copy of the Bill of Costs is true and correct. GIVEN UNDER MY

HAND AND SEAL OF SAID COURT, at Tyler, this 7th day of April 2015, A.D.

CATHY LUSK, CLERK

By:_____________________________

Katrina McClenny, Chief Deputy Clerk

FILE COPY
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             DEC-31-1996
<PERIOD-END>                               SEP-30-1997
<CASH>                                          16,513
<SECURITIES>                                         0
<RECEIVABLES>                                  100,438
<ALLOWANCES>                                   (2,144)
<INVENTORY>                                     79,027
<CURRENT-ASSETS>                               202,944
<PP&E>                                         135,924
<DEPRECIATION>                                  84,263
<TOTAL-ASSETS>                                 289,274
<CURRENT-LIABILITIES>                          107,586
<BONDS>                                         12,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        13,335
<OTHER-SE>                                     114,598
<TOTAL-LIABILITY-AND-EQUITY>                   289,274
<SALES>                                        227,451
<TOTAL-REVENUES>                               227,451
<CGS>                                          149,198
<TOTAL-COSTS>                                  149,198
<OTHER-EXPENSES>                                70,572
<LOSS-PROVISION>                                 7,681
<INTEREST-EXPENSE>                               4,286
<INCOME-PRETAX>                                  2,820
<INCOME-TAX>                                       564
<INCOME-CONTINUING>                              2,256
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,256
<EPS-PRIMARY>                                      .17
<EPS-DILUTED>                                      .17


</TABLE>
Opinion issued January 23, 2014

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 13
- 00541
- C V

——————————— SERGY V LEMESHKO , Appellant

V. ELIZABETH ANNE THOMAS , Appellee
On Appeal from the 310 th District Court Harris County, Texas Trial Court Ca se No. 2008
- 03762

MEMORANDUM OPINION On August 29, 2013, Appellant, Sergy V. Lemeshko , filed a document entitled “Appellant’s Brief,” which , upon review , we construe as a motion to dismiss the appeal. See T EX
. R. A PP
. P. 42.1 (a) (1)

. No opinion has issued and although appellant has failed to include a certificate of conference in his motion,2

more than 10 days have passed and no party has responded to the motion. See
T EX
. R. A PP
. P. 10.1(a)(5), 10.3(a). Accordingly, we grant the motion and dismiss the appeal. See T EX
. R. A PP
. P. 42. 2 (a) , 43.2(f) . We dismiss all other pending motions as moot.
PER CURIAM Panel consists of Justices Keyes, Bland and Brown

.
Exhibit 32

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350

In
connection with the Quarterly Report of Sealy Mattress Corporation (the "Company") on Form 10-Q for the period ending August 28, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), David J. McIlquham, Chief Executive Officer of the Company, and James B. Hirshorn, Chief Financial Officer of the Company, each
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



|October 12, 2005 |  | /s/DAVID J. MCILQUHAMDavid J. McIlquham Chief Executive
Officer
(principal executive officer)
|---------------- |  | ---------------------------------------------------------------------------------------------
|                 |  | /s/JAMES B. HIRSHORNJames B. Hirshorn Chief Financial Officer
(principal financial officer)  

---



QuickLinks
116TH CONGRESS 

1ST SESSION H. J. RES. 30 

JOINT RESOLUTION 

Disapproving the President’s proposal to take an action relating to the application of certain sanctions with respect 

to the Russian Federation. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 Congress disapproves of the action relating to the applica4 tion of sanctions imposed with respect to the 
2 

•HJ 30 EH 

1 Russian Federation proposed by the President in the re2 port submitted to Congress under section 216(a)(1) of the 

3 Russia Sanctions Review Act of 2017 on December 19, 

4 2018, relating to terminating sanctions imposed on En+ 

5 Group plc (‘‘En+’’), UC Rusal plc (‘‘Rusal’’), and JSC 

6 EuroSibEnergo (‘‘ESE’’). 

Passed the House of Representatives January 17, 

2019. 

Attest: 

Clerk. 

116TH CONGRESS 

1ST SESSION H. J. RES. 30 

JOINT RESOLUTION 

Disapproving the President’s proposal to take an 

tions with respect to the Russian Federation. action relating to the application of certain sanc-
**EXHIBIT 32.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICERPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Peter J. Anderson, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that this quarterly report of Prestige BrandsHoldings, Inc. on Form 10-Q for the period ended June 30, 2005fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as applicable, and that informationcontained in such quarterly report fairly presents in all material respects thefinancial condition and results of operations of Prestige Brands Holdings, Inc.

 
|   | **/s/ PETER J. ANDERSON** |
|--------|---------------------------|
|   | Name:                     | Peter J.  Anderson |
|   | Title:                    | Chief  Financial Officer |
|   | Date:                     | August 9,  2005 |

 

1

----
Agricultural Livestock and Poultry Program G-145 Specification

Marketing 1400 Independence Avenue SW, Stop 0258 January 20, 2022

Service Washington, DC 20250 Page 1 of 2 

USDA is an equal opportunity provider, employer, and lender.

Imperial Valley Black Angus

G-145 Specification

1 REQUIREMENTS

Beef carcasses certified under this specification shall meet the following requirements: 

a. Phenotypic requirements of the American Angus Association’s (AAA) Live Animal

Specification.

b. Classed as Steer, Heifer and Cow carcasses only;

c. No hump exceeding 2 inches in height1;

d. Practically free (not detracting from visual quality) of capillary rupture in the ribeye muscle;

and

e. Free of “dark cutting” characteristics.

2 CERTIFICATION

Carcasses to be examined for compliance with this specification shall be clearly identified and 

presented to an AMS grader for certification. Certification procedures for identification, the removal 

of preliminary identification marks (or other methods of control) from non-qualifying carcasses, and 

control of certified carcasses shall be in accordance with established Quality Assessment Division 

(QAD) procedures.

3 LABELING

Labeling of products derived from certified carcasses must follow Food Safety and Inspection Service 

(FSIS) regulations 9 CFR part 317 and policy guidelines found at FSIS: Labeling/Label Approval 

website and FSIS: Claims Guidance website and QAD procedures including QAD 107: Requirements 

for Grading Terms on Meat Product Labeling.

4 FEES

The costs of all grading and certification services performed by an AMS grader involving 

examinations, supervision, official documentation, and related services shall be borne by the person, 

group, or plant requesting the service. 

1 Measured from a line formed by the extension of the top line (including the fat) and measuring the lean muscle (excluding the fat) 

perpendicular to that line in the center of the hump.
Agricultural Livestock and Poultry Program G-145 Specification

Marketing 1400 Independence Avenue SW, Stop 0258 January 20, 2022

Service Washington, DC 20250 Page 2 of 2

USDA is an equal opportunity provider, employer, and lender.

___________________________________

Chad Nelson, National Meat Supervisor

Standards and Specifications Division

Livestock & Poultry Program
Exhibit 32.2

CERTIFICATION PURSUANT TO 18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

§906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of
ATEL Capital Equipment Fund XI, LLC (the Company) on Form 10-Q for the period ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Paritosh K. Choksi,
Executive Vice President and Chief Financial Officer and Chief Operating Officer of ATEL Financial Services, LLC, Managing Member of the Company, hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the
Sarbanes-Oxley Act of 2002, that:



|1. | 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 the Company.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                    
|----------------------------------------------------
|Date: November 12, 2010                             
|                                                    
|/s/ Paritosh K. Choksi                              
|Paritosh K. Choksi                                  
|Executive Vice President and Chief Financial Officer
|and Chief Operating Officer of                      
|ATEL Financial Services, LLC (Managing Member)      

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.
Exhibit 32.1

Certification Pursuant to18 U.S.C. Section 1350,as Adopted Pursuant to Section 906 of The Sarbanes-Oxley Act of 2002
| The undersigned hereby certifies, in my capacity as an officer of Boston Edison Company, for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of myknowledge: |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   (i)                                                                                                                                                                                                     | the enclosed Annual Report of Boston Edison Company on Form 10-K for the period ended December 31, 2003, as filed with the Securities and Exchange Commission on the date hereof, fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934, as amended; and |
|   (ii)                                                                                                                                                                                                    | the information contained in such Annual Report fairly presents, in all material respects, the financial condition and results of operations of Boston Edison Company. |
|                                                                                                                                                                                                                                         |  |
|                                                    |  |
|----------------------------------------------------|--|
| Dated: March 1, 2004      |  | By:   | /s/ THOMAS J. MAY       |
|                                                    |  |  | Thomas J. May |
|                                                    |  |  | Chairman, President and |
|                                                    |  |  | Chief Executive Officer |