alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2015 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

4-17-2015

Carnell Gibbs v. Greg Bartkowski

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2015

This April is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University

School of Law Digital Repository. It has been accepted for inclusion in 2015 Decisions by an authorized administrator of Villanova University School of

Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Carnell Gibbs v. Greg Bartkowski" (2015). 2015 Decisions. Paper 393.

http://digitalcommons.law.villanova.edu/thirdcircuit_2015/393
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_____________

Nos. 13-2242 & 14-3421

_____________

CARNELL GIBBS,

Appellant

v.

GREG BARTKOWSKI; ATTORNEY GENERAL NEW JERSEY; 

CHARLES WARREN

_____________

On Appeal from the United States District Court

for the District of New Jersey

District Court No. 1-11-cv-01137

District Judge: The Honorable Noel L. Hillman

_____________ 

Submitted Under Third Circuit L.A.R. 34.1(a)

April 10, 2015

Before: RENDELL, HARDIMAN, and VANASKIE, Circuit Judges.

___________ 

JUDGMENT ORDER

___________

Appellant Carnell Gibbs filed a petition for a writ of habeas corpus under 28 

U.S.C. § 2254 in the United States District Court for the District of New Jersey on 

February 9, 2011. In an order dated March 18, 2013, the District Court dismissed that 

petition as time-barred under 28 U.S.C. § 2244(d)(1)(A). We granted a certificate of 

appealability to address whether the limitations period on Gibbs’s petition should have 

been tolled between January 9, 2008, when the New Jersey Superior Court, Appellate 
2

Division, began considering the merits of Gibbs’s initially untimely appeal of the 

dismissal of his state-court collateral-review application, and October 7, 2010, when the 

New Jersey Supreme Court denied Gibbs’s petition for review. In a letter brief dated 

February 19, 2015, Appellees conceded that the limitations period should have been 

tolled during that period, and that as a result, Gibbs’s petition was not time-barred. 

Accordingly, it is

ORDERED and ADJUDGED that the judgment of the District Court entered 

March 18, 2013, be and is hereby VACATED and the matter is REMANDED for further 

proceedings.

*

By the Court,

s/ Thomas I. Vanaskie

Circuit Judge

ATTEST:

s/Marcia M. Waldron

Clerk

Dated: April 17, 2015

CLW/JK/cc: All Counsel of Record

 

* The Third Circuit Court of Appeals gratefully acknowledges the Appellate Litigation

Clinic at Drexel University School of Law, Richard H. Frankel, Esq, and law students 

Mina Khalil and Christopher Bailes for their representation of appellant Carnell Gibbs 

before the Court.
#### Lymon BOSWELL, d/b/a Boswell Sand & Gravel, Appellant, v. CLARK LEASING CORPORATION, Appellee.

No. 20228.

United States Court of Appeals Fifth Circuit.

Nov. 19, 1963.

Sam Earl Esco, Jr., Selma Ala., for appellant.

Frank J. Dishuck, Tuscaloosa, Ala., Perry Hubbard, Clement, Rosen, Hubbard & Waldrop, Dishuck & Dishuck, Tuscaloosa, Ala., for appellee.

Before TUTTLE, Chief Judge, JONES, Circuit Judge, and JOHNSON, District Judge.

PER CURIAM.

The appellant, seeking the reversal of a judgment against him in a diversity action, makes two assignments of error; first, that the jurisdictional amount was not present, and second, that the court erroneously increased the judgment by adding the amount of an attorney’s fee. We find no merit in either of the contentions. The judgment of the district court is

Affirmed.
**Exhibit 32.2**

 

**CERTIFICATION OF THE DIRECTOR OF FINANCE AND TREASURER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

The undersigned officer ofAutoImmune Inc. (the “Company”) hereby certifies that, as of the date of this statement, the Company’s quarterly report on Form 10-Q for the quarter ended September 30, 2003 (the “Report”) fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended (the “Act”) and that, to the best of my knowledge, the information contained in the Report fairly presents, in all material respects, the financialcondition and results of the Company as of and for the three and nine month periods ended September 30, 2003. 

 

The purpose of this certification is solely to comply with Title 18, Chapter 63, Section 1350 of the United States Code, as amended by Section 906 of theSabarnes-Oxley Act of 2002. This statement is not “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that Act or any other federal or state law or regulation.

 

Date: November 13, 2003 

/s/    HEATHER A.ELLERKAMP                            

**Name: Heather A. Ellerkamp**

**Title: Director of Finance and Treasurer**
o

r—t if) CD

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON^ o^

STATE OF WASHINGTON, ] co ~^y.}_

) No. 71836-3-1 3| 5>l

Respondent, ]

v. ]

) DIVISION ONE o o^

ANDREW RUSSELL COSBY, UNPUBLISHED OPINION

Appellant. ) FILED: September8, 2015

PER CURIAM. Andrew Cosby appeals the sexual assault protection orders

imposed following his guilty pleas to two counts of first degree child molestation and

one count of second degree child molestation. He contends one of the protection

orders exceeds the maximum allowable term because it expires more than two years

after the completion of his sentence on the predicate offense. But we recently rejected

this argument, holding that the maximum allowable term for a sexual assault protection

order is two years after completion of the longest sentence imposed at sentencing, not

two years after completion of the sentence for the predicate offense. State v. Navarro,

No. 71126-1-1 (Wash. Ct. App. June 29, 2015).

Cosby also contends, and the State concedes, that all three sexual assault

protection orders must be reduced by his credit for time served. We accept the State's

concession.

Affirmed in part and remanded in part for correction of the expiration dates of

the sexual assault protection orders.
No. 71836-3-1/2

For the court:

^e^fecfi

7*-

VcS^^^i
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF HYPERION SOFTWARE CORPORATION FOR THE
QUARTER ENDED DECEMBER 31, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS
</LEGEND>
<MULTIPLIER> 1000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               DEC-31-1996
<EXCHANGE-RATE>                                      1
<CASH>                                          47,404
<SECURITIES>                                         0
<RECEIVABLES>                                   54,091
<ALLOWANCES>                                     5,100
<INVENTORY>                                          0
<CURRENT-ASSETS>                               103,243
<PP&E>                                          83,747
<DEPRECIATION>                                  27,077
<TOTAL-ASSETS>                                 186,359
<CURRENT-LIABILITIES>                           75,957
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           218
<OTHER-SE>                                      99,432
<TOTAL-LIABILITY-AND-EQUITY>                   186,359
<SALES>                                         52,696
<TOTAL-REVENUES>                                52,696
<CGS>                                           17,987
<TOTAL-COSTS>                                   48,725
<OTHER-EXPENSES>                                30,738
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  91
<INCOME-PRETAX>                                  4,261
<INCOME-TAX>                                     1,625
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,636
<EPS-PRIMARY>                                      .14
<EPS-DILUTED>                                      .14
        

</TABLE>
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-40195

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

FELIX EMILIO DURAN-RODRIGUEZ,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:13-CR-914-1

Before JOLLY, HIGGINBOTHAM, and OWEN, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Felix Emilio DuranRodriguez has moved for leave to withdraw and has filed a brief in accordance 

with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 

F.3d 229 (5th Cir. 2011). Duran-Rodriguez has not filed a response. We have 

reviewed counsel’s brief and the relevant portions of the record reflected 

therein. We concur with counsel’s assessment that the appeal presents no 

* 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

March 16, 2015

Lyle W. Cayce

Clerk

 

 Case: 14-40195 Document: 00512969374 Page: 1 Date Filed: 03/16/2015
No. 14-40195

nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave 

to withdraw is GRANTED, counsel is excused from further responsibilities 

herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

2

 Case: 14-40195 Document: 00512969374 Page: 2 Date Filed: 03/16/2015
# C_2012326EN.01004701.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/1 |
| --- | --- | --- | --- |

26.10.2012

EN

Official Journal of the European Union

C 326/1

---

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART SIX

INSTITUTIONAL AND FINANCIAL PROVISIONS

INSTITUTIONAL AND FINANCIAL PROVISIONS

TITLE I

INSTITUTIONAL PROVISIONS

INSTITUTIONAL PROVISIONS

CHAPTER 1

THE INSTITUTIONS

SECTION 5

SECTION 5

THE COURT OF JUSTICE OF THE EUROPEAN UNION

Article 270

(ex Article 236 TEC)

(ex Article 236 TEC)

The Court of Justice of the European Union shall have jurisdiction in any dispute between the Union and its servants within the limits and under the conditions laid down in the Staff Regulations of Officials and the Conditions of Employment of other servants of the Union.

---
# EUR-Lex - 21987A0919(01) - EN

Avis juridique important

*|*

# 21987A0919(01)

**Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola, initialled in Brussels on 30 April 1987, for the period beginning on 3 May 1987 **

*
Official Journal L 268 , 19/09/1987 P. 0065 - 0065 Finnish special edition: Chapter 11 Volume 13 P. 0028 Swedish special edition: Chapter 11 Volume 13 P. 0028 *

*****

AGREEMENT

in the form of an Exchange of Letters concerning the provisional application of the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola, initialled in Brussels on 30 April 1987, for the period beginning on 3 May 1987

A. Letter from the Government of the People's Republic of Angola

Brussels,

Sir,

With reference to the Agreement between the European Economic Community and the Government of the People's Republic of Angola, initialled on 30 April 1987, I have the honour to inform you that the People's Republic of Angola is ready to apply this Agreement on a provisional basis, with effect from 3 May 1987, until its entry into force in accordance with Article 15 of the said Agreement, provided that the European Economic Community is prepared to do the same.

This is on the understanding that payment of a first instalment, equal to one half of the financial compensation specified in the Agreement, must be effected by 30 September 1987.

We should be obliged if you would confirm the European Economic Community's agreement to such provisional application.

Please accept, Sir, the assurance of my highest consideration.

For the People's Republic of Angola

B. Letter from the European Economic Community

Brussels,

Sir,

I am in receipt of your letter of today's date, which reads as follows:

'With reference to the Agreement between the European Economic Community and the Government of the People's Republic of Angola, initialled on 30 April 1987, I have the honour to inform you that the People's Republic of Angola is ready to apply this Agreement on a provisional basis, with effect from 3 May 1987, until its entry into force in accordance with Article 15 of the said Agreement, provided that the European Economic Community is prepared to do the same.

This is on the understanding that payment of a first instalment, equal to one half of the financial compensation specified in the Agreement, must be effected by 30 September 1987.

We should be obliged if you would confirm the European Economic Community's agreement to this provisional application of the Agreement.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the

Council of the European Communities
# C_2016203EN.01002101.xml

| 7.6.2016 | EN | Official Journal of the European Union | C 203/21 |
| --- | --- | --- | --- |

7.6.2016

EN

Official Journal of the European Union

C 203/21

---

Article 42

The projects referred to in Article 41 shall be communicated to the Commission and, for information purposes, to the Member State concerned not later than three months before the first contracts are concluded with the suppliers or, if the work is to be carried out by the undertaking with its own resources, three months before the work begins.

The Council may, acting on a proposal from the Commission, alter this time limit.

---
Exhibit 32.1

SECTION 1350 CERTIFICATION

The undersigned officers of AutoImmune Inc. (the Company)
hereby certify that, as of the date of this statement, the Companys quarterly report on Form 10-Q for the three months ended March 31, 2009 (the Report) fully complies with the requirements of section 13(a) of the Securities
Exchange Act of 1934, as amended (the Act) and that, to the best of their knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition of the Company and the results of operations
of the Company.

The purpose of this certification is solely to comply with Title 18, Chapter 63, Section 1350 of the United States
Code, as amended by Section 906 of the Sarbanes-Oxley Act of 2002. This statement is not filed for the purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that Act or any
other federal or state law or regulation.



|                   |  |        |  |                                  
|------------------ |  | ------ |  | ---------------------------------
|Date: May 13, 2009 |  |        |  | /S/ ROBERT C. BISHOP             
|                   |  | Name:  |  | Robert C. Bishop                 
|                   |  | Title: |  | Chief Executive Officer          
|                   |  |       
|Date: May 13, 2009 |  |        |  | /S/ DIANE M.
MCCLINTOCK          
|                   |  | Name:  |  | Diane M. McClintock              
|                   |  | Title: |  | Director of Finance and Treasurer
# EUR-Lex - 12012M039 - EN

Important legal notice

*|*

# 12012M039

**Consolidated version of the Treaty on European Union - TITLE V: GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION AND SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY - Chapter 2: Specific provisions on the common foreign and security policy - Section 1: Common provisions - Article 39 **

*
Official Journal C 326, 26/10/2012, p. 0036 - 0036 *

Article 39

In accordance with Article 16 of the Treaty on the Functioning of the European Union and by way of derogation from paragraph 2 thereof, the Council shall adopt a decision laying down the rules relating to the protection of individuals with regard to the processing of personal data by the Member States when carrying out activities which fall within the scope of this Chapter, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities.

--------------------------------------------------
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                              99
<SECURITIES>                                         0
<RECEIVABLES>                                   79,772
<ALLOWANCES>                                     1,744
<INVENTORY>                                    110,570
<CURRENT-ASSETS>                               224,255
<PP&E>                                         421,293
<DEPRECIATION>                                 265,604
<TOTAL-ASSETS>                                 424,491
<CURRENT-LIABILITIES>                           99,424
<BONDS>                                         17,105
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        22,517
<OTHER-SE>                                     198,121
<TOTAL-LIABILITY-AND-EQUITY>                   424,491
<SALES>                                        455,707
<TOTAL-REVENUES>                               455,707
<CGS>                                          363,773
<TOTAL-COSTS>                                  442,840
<OTHER-EXPENSES>                                 2,391
<LOSS-PROVISION>                                  (82)
<INTEREST-EXPENSE>                               4,173
<INCOME-PRETAX>                                  6,385
<INCOME-TAX>                                      (54)
<INCOME-CONTINUING>                              6,439
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,439
<EPS-BASIC>                                    $0.40
<EPS-DILUTED>                                    $0.40


</TABLE>
Order entered April 21, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-15-00363-CV

IN THE INTEREST OF K.G., A CHILD

On Appeal from the 256th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DF-04-10316-Z

ORDER

We GRANT court reporter Glenda E. Finkley’s April 19, 2015 request for extension of 

time to file record and ORDER the reporter’s record be filed no later than May 1, 2015. If 

necessary, the trial court must arrange for a substitute reporter. See TEX. R. APP. P. 28.4(b)(1). 

We DIRECT the Clerk of the Court to send a copy of this order to the Honorable David 

Lopez, Presiding Judge of the 256th Judicial District Court; Ms. Finkley; and the parties.

/s/ CRAIG STODDART 

JUSTICE
From: Jordan, Ronald

To: Thomas Finseth; Deborah Bartram; Flanders, Phillip

Subject: FW: UWAG Response to EPA Information Request

Date: Saturday, August 02, 2014 7:57:55 AM

Attachments: image001.png

UWAG Response to EPA"s Dec 30 2013 Information Request-c.pdf

________________________________________

From: Aldridge, Elizabeth [ealdridge@hunton.com]

Sent: Friday, August 1, 2014 4:25 PM

To: Alicea, Jezebele

Cc: Jordan, Ronald

Subject: UWAG Response to EPA Information Request

Hi Jezebele, On behalf of the Utility Water Act Group and its members, I’m submitting the attached

response to your December 30 information request. We hope you will find the information useful to

your consideration of our comments on the proposed effluent guidelines rule.

We look forward to meeting with you soon to answer any further questions you may have.

Have a great weekend,

Liz Aldridge

Counsel to UWAG

[Hunton and Williams]

Elizabeth Aldridge

Counsel

ealdridge@hunton.com<mailto:ealdridge@hunton.com>

Hunton & Williams LLP

Riverfront Plaza, East Tower

951 East Byrd Street

Richmond, VA 23219

Direct: 804.788.8549

Fax: 804.343.4724

www.hunton.com<http://www.hunton.com/>

This communication is confidential and is intended to be privileged pursuant to applicable law. If the

reader of this message is not the intended recipient, or the employee or agent responsible to deliver it

to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this

communication is strictly prohibited. If you have received this message in error, please notify Hunton &

Williams LLP immediately by telephone (877-374-4937) and by electronic mail to:

help_desk@hunton.com and then delete this message and all copies and backups thereof.