alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED**  UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 6008** 

UNITED STATES OF AMERICA , Plaintiff

– Appellee ,
v. JOSE ANTONIO MOROZUMI, JR. , Defendant

- Appellant
.

Appeal from the U nited States District Court for the Western District of North Carolina , at Asheville
. Martin K. Reidinger , District Judge. ( 1:07

- cr - 00054

- MR

- 1; 1:09

- cv - 00393

- MR )

Submitted : March 15, 2012 Decided: March 20, 2012

Before DUNCAN and FLOYD , Circuit Ju dges, and HAMILTON, Senior Circuit Judge.

Dismissed by un published per curiam opinion
. Jose Antonio Morozumi, Jr., Appellant Pro Se. Jill Westmoreland Rose, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Jose Antonio Morozumi, Jr., seeks to appeal the district court’s order treating his Fed. R. Civ. P. 60(b) motion as a successive 28 U.S.C. A. § 2255 ( West Supp. 2011 ) motion, and dismissing it on that basis. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (B) (2006) . A certificate of appealability will not issue absent “a substantial showing of the denial of a const itutional 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 r uling 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 Morozumi has not made the requisite showing. Accordingly,

w e deny a certificate of appealability and dismiss the appeal.3 Additionally, we construe Morozumi ’s notice of appeal and informal brief as an application to file a second or successive § 2255 motion. United States v. Winestock , 340 F.3d 200, 208 (4th Cir. 2003). In order to obtain authorization to file a successive § 2255 motion, a prisoner must assert claims based on either: (1) newly discovered evidence, not previously discoverable by due diligence, that would be sufficient to establish by clear and conv incing evidence that, but for constitutional error, no reasonable factfinder would have found the movant guilty of the offense; or (2) a new rule of constitutional law, previously unavailable, made retroactive by the Supreme Court to cases on collateral re view. 28 U.S.C. A. § 22 55(h ) (West Supp. 2011)
. Morozumi ’s claims do not satisfy either of these criteria. Therefore, we deny authorization to fi le a successive § 2255 motion. We dispense with oral argument because the facts and legal contentions are ade quately presented in the materials before the court and argument would not aid the decisional
process.

DISMISSED
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-10-053-CV

DENNIS GUTIERREZ APPELLANT

V.

LIDDELL D. PARHAM APPELLEE

----------

FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY

----------

MEMORANDUM OPINION

1 AND JUDGMENT

----------

We have considered appellant’s motion to withdraw appeal. It is the court’s

opinion that the motion should be granted; therefore, we dismiss the appeal. See

Tex. R. App. P. 42.1(a)(1), 43.2(f).

Costs of the appeal shall be paid by appellant, for which let execution issue.

See Tex. R. App. P. 42.1(d).

PER CURIAM

PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.

DELIVERED: May 6, 2010

1 See Tex. R. App. P. 47.4.
January 27, 1999

21215

#### Doe Children, In re

Affirmed
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 407 Introduced in House (IH)]

114th CONGRESS
  1st Session
H. RES. 407

Commemorating the 70th anniversary of the liberation of the Republic of 
  Korea and expressing the shared vision of the people of the United 
    States and the people of the Republic of Korea for a continued 
                        prosperous relationship.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2015

Ms. Meng submitted the following resolution; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION

 
Commemorating the 70th anniversary of the liberation of the Republic of 
  Korea and expressing the shared vision of the people of the United 
    States and the people of the Republic of Korea for a continued 
                        prosperous relationship.

Whereas the year 2015 marks the 70th anniversary of the liberation of the 
        Republic of Korea on August 15, 1945;
Whereas the thousands of patriots, including innocent civilians who died, were 
        imprisoned, or otherwise dedicated their lives to achieving liberation 
        serve as a testament of the Republic of Korea's enduring strength;
Whereas the Mutual Defense Treaty, signed in Washington, DC, on October 1, 1953, 
        between the United States and the Republic of Korea, has led to more 
        than 62 years of a strong alliance;
Whereas the United States and the Republic of Korea are historic allies that 
        share many common values and objectives through security, economic 
        growth, and prosperity;
Whereas the United States recognizes the Republic of Korea's strategic, 
        political, and economic importance to our nation;
Whereas the United States is proud to honor important ethnic holidays, including 
        the goals and ideals of Independence Day in the Republic of Korea;
Whereas the United States applauds the Korean-American community for the 
        important role it plays in the United States-Korean relationship; and
Whereas we express and reaffirm deep friendship with the Korean people, and 
        believe that strong bilateral relations is mutually beneficial and 
        important for United States national priorities: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) commemorates the 70th anniversary of the liberation of 
        the Republic of Korea; and
            (2) recognizes the Republic of Korea's strategic, 
        political, and economic importance to the United States.
                                 <all>
```
#### Gary L. TOBIN et al., Appellants (Plaintiffs below), v. CITIES SERVICE OIL COMPANY, Appellee (Defendant below), S. H. Ruhl, dba D & J Transportation Company, et al. (Defendants below).

No. 4495.

Supreme Court of Wyoming.

Sept. 26, 1975.

William D. Norman and Don M. Emp-field, Gillette, Wyo., for appellants.

Wade Brorby and Daniel J. Morgan, Morgan & Brorby, Gillette, Wyo., for appellee Cities Service Oil Co.

ORDER

GUTHRIE, Chief Justice.

Appellee in its brief suggests that there has been no compliance with Rule 54(b), W.R.C.P. in that the trial court did not in its order granting summary judgment in favor of Cities Service Oil Company specifically find that there was no just reason for delaying entry of judgment in its favor and specifically directing the entry of such judgment, and it further appearing that following the docketing of the record on appeal in this Court appellant moved for and obtained entry by the district court of order nunc pro tunc making such finding, the Court requested and heard argument on the questions raised, and being now advised in the premises finds that the order nunc pro tunc was entered without jurisdiction of the matter and that no proper order as required by said Rule 54(b), W. R.C.P. has been entered, wherefore the appeal should be dismissed;

Now, therefore, it is ordered that the appeal of Gary L. Tobin and others from the summary judgment entered against them and in favor of Cities Service Oil Company be and the same hereby is dismissed and this matter is remanded to the jurisdiction of the District Court for further and proper proceedings.
#### Ed C. Wright, Plaintiff, *v.*Nathaniel L. Bedford, Defendant.

Supreme Court, Trial Term, Westchester County,

December 29, 1958.

*JohnF. Hyland*for plaintiff.

*Jillson, Bedford*and *Happen (Nathaniel Forrest Bedford*of counsel), for defendant.

Samuel W. Eager, J.

Judgment is directed for plaintiff. Generally speaking, a demand is not a necessary condition precedent to an action on a judgment (see 50 O. J. S., Judgments, § 852). Where the judgment is assigned, a demand of payment by the assignee upon the debtor would not in my opinion be required before suit thereon (see 6 C. J. S., Assignments, § 127) and, in any event, the bringing of the suit would itself constitute the necessary demand, if required.

The judgment recovered in the State of Florida and the assignment thereof, as filed and recorded in the Public Records of Pinellas County of said State, are held to be properly authenticated to entitle them to be received in evidence. Each was duly attested as a “ correct copy ” as required by section 398-b of the Civil Practice Act, and this is deemed sufficient. The specific objection to the assignment on the ground that it was purportedly acknowledged before an interested party as notary is readily overruled. A notary acts as an administrative officer, and the fact that a notary is a stockholder and director of a corporation involved in a transaction will not void a corporate acknowledgement taken by him.

The defendant questions the validity of the assignment. Clearly, this assignment was effective to pass legal title, and appears to be valid and fully effective. Execution and delivery thereof is presumed from fact of acknowledgement, filing and recording.

Plaintiff shall have judgment. Decision has been signed and filed.
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

,

Chief Justice

Brian K. Zahra

David F. Viviano

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh

Elizabeth M. Welch

,

Justices

I, Larry S. Royster, 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.

M arch 2 6 , 2021 

# Order

Clerk March 2 6 , 2021

16 2 596 ( 55 )

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

SC: 16 2 596

v COA: 350386

Kent CC: 18

- 007432

- FH

MICHAEL DEAN DUPRE

,

Defendant

- Appellant

.

_________ _____________________________ /

On order of the C hief Justice

, the j oint motion of the National College for DUI

Defense and the Crim inal Defense Att orneys of Michigan to file a brief amicus curiae

within 28 days of this order and to waive the fee is GRANTED

.
#### Doe, In Re: Jane (DOB 5/23/91)

17512,

17513

4/11/97

Affirmed
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National Wildlife Services Advisory

Committee

Last Modified: 

Print

The National Wildlife Services Advisory Committee (NWSAC) provides guidance from

diverse stakeholders interested in the Wildlife Services (WS) program (e.g.,

agriculture, wildlife management, animal welfare, and public health and safety

interests). 

Annual meetings of the NWSAC allow the public an opportunity to participate and

provide input to the Secretary of Agriculture on overall policy and guidance for the

operation of the WS program, resources to accomplish the WS mission, impacts of

depredating wildlife, public health and safety problems created by birds and other

wildlife, and research activities and priorities to address wildlife damage

management needs. The Committee also serves as a public forum enabling those

affected by the WS program to have a voice in the program's policies. The

committee was created by the Secretary of Agriculture under the Federal Advisory

Committee Act, and members are appointed for a 2-year term. Committee members

are chosen to represent the diverse interests in the WS program and the multitude

of industries to whom we provide services.

Meeting minutes are posted once finalized and approved by the Committee chair.

Summary and Decision Documents are posted only after they have been formally

presented to the Committee during the annual meeting.
Year Meeting Location Documents

2023 Washington, DC Meeting Minutes

2019 Washington, DC OSEC Response to NWSAC Recommendations

2019 Washington, DC Meeting Minutes

2016 Tacoma, WA Meeting Minutes

2015 HQ Riverdale MD Meeting Minutes

2015 HQ Riverdale MD Meeting Agenda

2011 N/A Federal Register Docket Docket No. APHIS-2009-0057
EXHIBIT 32.0




                      DIRECT INSITE CORP. AND SUBSIDIARIES

                        CERTIFICATION OF PERIODIC REPORT






I, James A.  Cannavino,  Chief  Executive  Officer of Direct  Insite Corp.  (the
"Company"),  certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that::

(1)  The  Quarterly  Report on Form 10-QSB of the Company for the three and nine
     months ended  September 30, 2006 (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 result of operations of the Company.



Date: November 17, 2006





                                        /s/ James A. Cannavino
                                        ----------------------
                                        James A. Cannavino
                                        Chief Executive Officer



<PAGE>


                      DIRECT INSITE CORP. AND SUBSIDIARIES

                        CERTIFICATION OF PERIODIC REPORT






I, Michael J.  Beecher,  Chief  Financial  Officer of Direct  Insite Corp.  (the
"Company"),  certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that::

(1)  The  Quarterly  Report on Form 10-QSB of the Company for the three and nine
     months ended  September 30, 2006 (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 result of operations of the Company.


Date: November 17, 2006




                                     /s/  Michael J. Beecher
                                     -----------------------
                                     Michael J. Beecher
                                     Chief Financial Officer
<TABLE> <S> <C>




<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE AUDITED
FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1998.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               SEP-30-1998
<CASH>                                          28,109
<SECURITIES>                                     7,800
<RECEIVABLES>                                   20,873
<ALLOWANCES>                                     1,814
<INVENTORY>                                     46,484
<CURRENT-ASSETS>                               106,400
<PP&E>                                          73,636
<DEPRECIATION>                                  29,320
<TOTAL-ASSETS>                                 202,168
<CURRENT-LIABILITIES>                           73,851
<BONDS>                                         12,087
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             2
<OTHER-SE>                                      90,918
<TOTAL-LIABILITY-AND-EQUITY>                   202,168
<SALES>                                        131,132
<TOTAL-REVENUES>                               131,132
<CGS>                                          126,794
<TOTAL-COSTS>                                  126,794
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,795
<INCOME-PRETAX>                               (46,051)
<INCOME-TAX>                                     4,668
<INCOME-CONTINUING>                           (50,607)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (50,607)
<EPS-PRIMARY>                                   (2.67)
<EPS-DILUTED>                                   (2.67)
        

</TABLE>
19801

#### Yi v. Hilton Hawaiian Village

Affirmed
16926

#### Montalbo v. State

Affirmed
Exhibit 4.3


 


Consent of Independent Registered
Public Accounting Firm


We have issued our
report dated July 31, 2018, with respect to the financial statement of Smart Trust 391 contained in Amendment No. 1 to the Registration
Statement on Form S-6 (File No. 333-224603) and related Prospectus. We consent to the use of the aforementioned report in the Registration
Statement and Prospectus, and to the use of our name as it appears under the caption “Independent Registered Public Accounting
Firm”.


 


/s/ Grant
Thornton LLP


 


Chicago, Illinois


July 31, 2018
May 5, 2006

24885

#### State v. Starley

Affirmed
Exhibit  99.1

                        CERTIFICATION OF PERIODIC REPORT

I, Michael A. McManus, Jr., President and Chief Executive Officer of MISONIX,
INC. (the "Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that:

(1) the Quarterly Report on Form 10-Q of the Company for the nine months ended
March 31, 2003 (the "Report") fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
and

(2) the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

     Dated: May 12, 2003

                                           /s/ Michael A. McManus, Jr.
                                           -------------------------------------
                                           Michael A. McManus, Jr.
                                           President and Chief Executive Officer


<PAGE>
#### State v. Kaeo

23426

09/27/2001

Affirmed
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NCAH Portal Training Videos

Last Modified: 

Print

The following videos will show you how to use the NCAH Portal for different

tasks. For more help, refer to the associated User Guides. Some of these videos have

audio as indicated in the table below.

Title Related

APHIS Form

Associated

User Guide Audio

How to use Account Details NA 3 No

2007 Modify a User 2007 4 No

2007 New User 2007 4 No

2007 Terminate a User 2007 4 No

2008 Autogenous 2008 5 No

2008 Destroyed By Firm 2008 5 No

2008 Eligible For Release 2008 5 No

2008 Permittee Entry 2008 5 No

2008 Transfer Request 2008 5 No

2020 Sample Entry for a Special Test

Request

2020 7 No

2020 Sample Entry for a Routine Sample 2020 6 No

2020 Sample Entry for a Resubmission 2020 5 No

2020 How to Generate a Packing Slip 2020 8 No
Title RelatedAPHIS

Form

Associated

User Guide Audio

2048 How to Create Correspondence for

CVB-Inspection and Compliance 2048 9 Yes

2048 How to Submit Correspondence for

CVB-Inspection and Compliance 2048 9 Yes

How to view CVB Responses to General

Correspondence in Your Account Details 2048 9 Yes

Using the NCAH Portal to Submit

Electronically to CVB-PEL (APHIS 2049) 2049 10 Yes

Using the NCAH Portal to Submit Labels to

CVB-PEL

2049 11 Yes

Features of Acceptable Templates for

Outlines Submitted to the CVB 2049 17 Yes

How to Use the Navigation Bar in Electronic

Outlines of Production and Special Outlines 2049 17 Yes

Preparing Electronic Outlines for

Submission to the CVB 2049 18 Yes

Submitting Outlines of Production and

Special Outlines to the CVB 2049 20 Yes

Using the NCAH Portal for Submission of an

APHIS Form 2017

2017 22 Yes

Using the NCAH Portal for Submission of

APHIS Forms 2046 or 2046-S

2046/2046-S 23 Yes

Using the NCAH Portal for Submission of

APHIS Forms 2047 or 2047-S

2047/2047-S 24 Yes

Using the NCAH Portal for Submission of

Attestations and Ingredients of Animal

Origin

-- 25 Yes
#### State v. Koutrobis

15678

2/24/95

Affirmed
##### 



EXHIBIT 32.2 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2003 In connection with the Quarterly Report of T-3 Energy Services, Inc. (the Company) on Form 10-Q
for the period ending March 31, 2005 as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Michael T. Mino, Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2003, 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. /s/ MICHAEL T. MINOMichael T. MinoChief Financial OfficerMay 5, 2005
 A signed original of this written statement required by Section 906 has been provided to T-3 Energy
Services, Inc. and will be retained by T-3 Energy Services, Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.