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

Court of Appeals 

Seventh District of Texas at Amarillo

No. 07-15-00307-CV 

IN RE ROBERT MILLER, RELATOR 

 

 

 

 MEMORANDUM OPINION DISMISSING ORIGINAL PROCEEDING 

 

 

September 8, 2015 

 

MEMORANDUM OPINION 

 

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. 

Relator, Robert Miller, filed an application for a writ of mandamus in the abovereferenced cause without paying the requisite filing fee. By letter dated August 11, 

2015, this court directed Miller to pay the filing fee or file an affidavit of indigence, and if 

indigent, he must comply with Chapter 14 by filing 1) an affidavit describing his previous 

filings and 2) a certified copy of his inmate trust account. He was also told that the 

proceeding would be dismissed if he did not comply. TEX. R. APP. P. 42.3(c); see TEX.

CIV. PRAC. & REM. CODE ANN. § 14.002 (West Supp. 2014) (stating that Chapter 14 

applies to original proceedings brought by an inmate in an appellate court); Douglas v. 

Moffett, 418 S.W.3d 336 (Tex. App.—Houston [14th Dist.] 2013, no pet.). In his
2

response, Miller advised the court that he was “indigent at this time,” however he would 

send twenty percent of the money he received from his family until the filing fee was 

paid. Furthermore, he filed a certified copy of his inmate account which showed he had 

$37.53 in his account. He, also, failed to file an affidavit describing his previous filings.

The requirement to tender an affidavit complying with Chapter 14 of the Civil 

Practice and Remedies Code is mandatory; the failure to do so is grounds for dismissal 

of the lawsuit. Douglas v. Moffett, 418 S.W.3d at 340; see also In re Anthony G. 

Hereford, Jr., No. 07-14-00348-CV, 2014 Tex. App. LEXIS 11521, at *1-2 (Tex. App.—

Amarillo October 17, 2014, orig. proceeding) (holding that the failure to comply with 

Chapter 14 subjected the mandamus proceeding to dismissal). 

Accordingly, we dismiss the appeal.

Per Curiam
II

104TH CONGRESS

2D SESSION S. 1780

To revise the boundary of the North Platte National Wildlife Refuge, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 20, 1996

Mr. EXON (for himself and Mr. KERREY) introduced the following bill; which

was read twice and referred to the Committee on Environment and Public

Works

A BILL

To revise the boundary of the North Platte National Wildlife

Refuge, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REVISION OF BOUNDARY OF NORTH PLATTE

4 NATIONAL WILDLIFE REFUGE.

5 (a) TERMINATION OF JURISDICTION.—The second6 ary jurisdiction of the United States Fish and Wildlife

7 Service over approximately 2,470 acres of land at the

8 North Platte National Wildlife Refuge in the State of Ne9 braska, as depicted upon a map entitled ‘‘Relinquishment

10 of North Platte National Wildlife Refuge Secondary Juris-
2

S 1780 IS

1 diction’’, dated August 1995, and available for inspection

2 at appropriate offices of the United States Fish and Wild3 life Service, is hereby terminated.

4 (b) REVOCATION OF EXECUTIVE ORDER.—Executive

5 Order Number 2446, dated August 21, 1916, is revoked

6 with respect to the land referred to in section 1.

Æ
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2140 Introduced in Senate (IS)]

104th CONGRESS
  2d Session
                                S. 2140

   To limit the use of the exclusionary rule in school disciplinary 
                              proceedings.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 27, 1996

  Mr. Dorgan (for himself, Mrs. Feinstein, Mr. Exon, and Mr. D'Amato) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To limit the use of the exclusionary rule in school disciplinary 
                              proceedings.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safer Schools Act of 1996''.

SEC 2. SAFER SCHOOLS.

    (a) In General.--Section 14601(b)(1) of the Gun-Free Schools Act of 
1994 (20 U.S.C. 8921(b)(1)) is amended--
            (1) by striking ``under this Act shall have'' and inserting 
        the following: ``under this Act--
                    ``(A) shall have'';
            (2) by striking the period at the end and inserting ``; 
        and''; and
            (3) by adding at the end the following:
                    ``(B) beginning not later than 2 years after the 
                date of enactment of the Safer Schools Act of 1996, 
                shall have in effect a State law or regulation 
                providing that evidence that a student brought a weapon 
                to a school under the jurisdiction of the local 
                educational agencies in that State, that is obtained as 
                a result of a search or seizure conducted on school 
                premises, shall not be excluded in any school 
                disciplinary proceeding on the ground that the search 
                or seizure was in violation of the fourth amendment to 
                the Constitution of the United States.''.
    (b) Report to State.--Section 14601(d) of the Gun-Free Schools Act 
of 1994 (20 U.S.C. 8921(d)) is amended--
            (1) in paragraph (1), by striking ``the State law required 
        by'' and inserting ``each State law or regulation''; and
            (2) in paragraph (2), by striking ``subsection (b)'' and 
        inserting ``subsection (b)(1)(A)''.
    (c) Report to Congress.--Section 14601(f) of the Gun-Free Schools 
Act of 1994 (20 U.S.C. 8921(f)) is amended by inserting ``of subsection 
(b)(1)(A)'' before ``of this''.
                                 <all>
```
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2054 Introduced in Senate (IS)]

104th CONGRESS
  2d Session
                                S. 2054

   To amend the Higher Education Act of 1965 to exempt certain small 
  lenders from the audit requirements of the guaranteed student loan 
                                program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 4, 1996

  Mr. Cochran introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL

 
   To amend the Higher Education Act of 1965 to exempt certain small 
  lenders from the audit requirements of the guaranteed student loan 
                                program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXEMPTION FROM AUDIT REQUIREMENT.

    Section 428(b)(1)(U)(iii) of the Higher Education Act of 1965 (20 
U.S.C. 1078(b)(1)(U)(iii)) is amended--
            (1) by inserting ``in the case of any lender that 
        originates or holds more than $10,000,000 in principal on loans 
        made under this part in any fiscal year'' before ``for (I)'';
            (2) in subclause (I), by inserting ``such'' before ``lender 
        at least once'';
            (3) in subclause (II), by inserting ``such'' before ``a 
        lender that is audited''; and
            (4) by striking ``if the lender'' and inserting ``if such 
        lender''.
                                 <all>
```
##### Table of Contents



SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 FORM 8-K
 CURRENT REPORT
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
 Date of Report (Date of earliest event reported) April 14, 2009
 GRUBB & ELLIS COMPANY
 (Exact name of registrant as specified in its charter)
 Delaware
    
    1-8122
    
    94-1424307(State or other 
jurisdiction of 
formation)
    
    (Commission
File Number)
    
    (IRS Employer
Identification No.)
 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705
 (Address of principal executive offices) (Zip Code)
 Registrants telephone number, including area code (714) 667-8252
 Not Applicable
 (Former name or former address, if changed since last report)
  o
 o
 o
 o




---



TABLE OF CONTENTS  Item 1.01. Entry into a Material Definitive AgreementItem 9.01 Financial Statements and ExhibitsSIGNATURESEXHIBIT INDEXEX-99.1    Table of Contents  
 Item 1.01. Entry into a Material Definitive Agreement.
     
 Item 9.01 Financial Statements and Exhibits.
  99.1
    
    Limited Waiver, dated as of April 14, 2009, by and among Grubb &
Ellis Company, the guarantors named therein, Deutsche Bank Trust
Company Americas, as administrative agent, the financial institutions
identified therein as lender parties, Deutsche Bank Trust Company
Americas, as syndication agent, and Deutsche Bank Securities Inc., as
sole book running manager and sole lead arranger.




---



##### Table of Contents



GRUBB & ELLIS COMPANYBy:
    /s/ Richard W. PehlkeRichard W. PehlkeChief Financial Officer and
Executive Vice President




---



##### Table of Contents



EXHIBIT INDEX
 99.1
    
    Limited Waiver, dated as of April 14, 2009, by and among Grubb & Ellis
Company, the guarantors named therein, Deutsche Bank Trust Company
Americas, as administrative agent, the financial institutions identified therein
as lender parties, Deutsche Bank Trust Company Americas, as syndication
agent, and Deutsche Bank Securities Inc., as sole book running manager
and sole lead arranger.
104TH CONGRESS

2D SESSION S. 1933

AN ACT

To authorize a certificate of documentation for certain

vessels, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1933 ES

1 SECTION 1. CERTIFICATES OF DOCUMENTATION.

2 Notwithstanding section 27 of the Merchant Marine

3 Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of

4 June 19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App.

5 289), and sections 12106 through 12108 of title 46, Unit6 ed States Code, the Secretary of Transportation may issue

7 a certificate of documentation with appropriate endorse8 ment for employment in the coastwise trade for each of

9 the following vessels:

10 (1) The vessel RELENTLESS, United States

11 official number 287008.

12 (2) The vessel TECUMSEH, United States of13 ficial number 668633.

14 (3) The vessel POLICY MAKER III, United

15 States official number 569223.

16 (4) The vessel QUIET SQUAW, United States

17 official number 998717.

Passed the Senate July 29, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. 1933

AN ACT

To authorize a certificate of documentation for

certain vessels, and for other purposes.
CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

We consent to the  incorporation  by reference in this Annual Report (Form 10-K)
of Diamond Home Services,  Inc. of our report dated February 19, 1999,  included
in the 1998 Annual Report to Shareholders of Diamond Home Services, Inc.

We also consent to the incorporation by reference in the Registration  Statement
(Form S-8 No. 333-13381) pertaining to the Diamond Home Services, Inc. Incentive
Option Plan and the Diamond Home Services, Inc. 1996 Non-employee Director Stock
Option  Plan  of  our  report  dated  February  19,  1999  with  resepct  to the
consolidated financial statements of Diamond Home Services, Inc. incorporated by
reference in the Annual Report (Form 10-K) for the year ended December 31, 1998.



                              Earnst & Young LLP


Chicago, Illinois
March 31, 1999
**Exhibit 99.1**

**SECOND AMENDMENT TO AGREEMENT**

This Second Amendment (“Second Amendment”) to thatcertain Agreement (“Agreement”) dated as of January 1, 2001, by and among Mission Broadcasting, Inc. (“Mission”) (formerly known as Bastet Broadcasting, Inc.), certain related Mission entities, David S. Smith andNancie J. Smith is entered into as of this 12 day of August, 2008. If any term or provision of the Agreement or the First Amendment to the Agreement conflicts with the language of this Second Amendment, this Second Amendment shall govern.

**WHEREAS**, Mission is the owner and operator of television broadcast stations; 

**WHEREAS**, David S. Smith is the president and 100 percent owner of Mission and, pursuant to the Agreement, performs certain functions in connectionwith his role as president; and 

**WHEREAS**, the parties would like to amend the Agreement in order to revise the terms upon whichDavid S. Smith is compensated for the performance of the functions of president of Mission for calendar year 2008. 

**NOW, THEREFORE**,in consideration of the foregoing and of the mutual covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereby amend the Agreement as follows: 

1. COMPENSATION FOR SERVICES OF DAVID S. SMITH. For calendar year 2008 only, the compensation payable to David S. Smith shall be reduced by OneHundred Thousand Dollars ($100,000) on the following basis: 

(a) The payment of Forty Thousand Dollars ($40,000) of the$100,000 shall be waived permanently by David S. Smith. 

(b) The payment of the remaining Sixty Thousand Dollars ($60,000)of the $100,000 shall be deferred until such time as a majority of David S. Smith’s equity interest in Mission is sold to a third party (other than a member of his immediate family or a trust (or trusts) for the benefit of a member or membersof his immediate family) or substantially all the assets of Mission are sold to a third party. 

2. NO OTHER AMENDMENT. Except asspecifically provided above, all terms and provisions of the Agreement (as amended by the First Amendment) shall remain unmodified and in full force and effect. 

*[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY; SIGNATURE PAGE FOLLOWS.]*

**IN WITNESS WHEREOF**, this Second Amendment to Agreement has been executed by the parties hereto asof the date first written above. 

 
MISSION BROADCASTING, INC.By:  /s/ David S. Smith 
David S. Smith

President
 /s/ David S. Smith David S. Smith
<PAGE>
                                                                    Exhibit 99.5

                              BAYCORP HOLDINGS, LTD

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Annual Report of BayCorp Holdings, Ltd. (the
"Company") on Form 10-K/A for the period ending December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Patrycia Barnard, Chief Accounting Officer and Treasurer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 result of operations
            of BayCorp Holdings, Ltd. as of December 31, 2002.


Date: June 9, 2003                        /s/ Patrycia T. Barnard
                                          -------------------------------------
                                          Patrycia T. Barnard
                                          Vice-President Finance and Treasurer
                                          (chief accounting officer)
**Exhibit 32.1**

 

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

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

The undersigned, the Chief Executive Officer and Chairman of the Boardof Gladstone Capital Corporation (the “Company”), hereby certifies on the datehereof, pursuant to 18 U.S.C. §1350(a), as adopted pursuant to Section 906of The Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Qfor the quarter ended June 30, 2009 (“Form 10-Q”), filed concurrentlyherewith by the Company, fully complies with the requirements of Section 13(a) orSection 15(d) of the Securities Exchange Act of 1934, as amended, andthat the information contained in the Form 10-Q fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.

 

Dated: August 3, 2009

 

 
| /s/ David Gladstone     |   |
|-------------------------|--------|
| David Gladstone         |   |
| Chief Executive Officer |   |

 

----
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-17-00080-CR

Johnny Skipper Matthews

v.

The State of Texas

§

§

§

§

§

From the 355th District Court

of Hood County (CR13450)

December 7, 2017

Opinion by Justice Walker

(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 

By _/s/ Sue Walker____________________

 Justice Sue Walker
Exhibit 32.1
                                                                    ------------

                        SECTION 906 CERTIFICATION OF CEO
                        --------------------------------


         In connection with the Quarterly  Report of Green Power Energy Holdings
Corp.  (the  "Company")  on Form 10-QSB for the period ending August 31, 2003 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
Report),  I, Wayne Coverdale,  Chief Executive Officer of the Company,  certify,
pursuant to 18 U.S.C.  Section  1350,  adopted as pursuant to Section 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 result of  operations of the
Company.



                                                /s/ Wayne Coverdale
                                               -----------------------
                                               Wayne Coverdale
                                               Chief Executive Officer
                                               October 15, 2003


A signed  original of this written  statement  required by Section 906, or other
document  authenticating,  acknowledging,  or otherwise adopting,  the signature
that  appears  in typed  form  within the  electronic  version  of this  written
statement  required by Section  906,  has been  provided  to Green Power  Energy
Holdings  Corp.  and will be retained by Green Power Energy  Holdings  Corp. and
furnished to the Securities and Exchange Commission or its staff upon request.
|=                                                                    |                              
|-------------------------------------------------------------------- | -----------------------------
|Household Finance Corporation                                        |                              
|Household Revolving Home Equity Loan                                
|Revolving Home Equity Loan Asset Backed Certificates - Series 1996-1
|P & S Agreement Date:              May 1, 1996                      
|Original Settlement Date:           May 23, 1996                    
|Series Number of Class A-1 Certificates:     441919AJ6              
|Series Number of Class A-2 Certificates:     N/A                    
|Original Sale Balance:             $819,278,000                     
|=                                                                    |                              
|                                                                     |                              
|                                                                     |                              
|                                                                     | Sum of 1/21/97 - 12/22/97    
|                                                                     |                              
|                                                                     |                              
|                                                                     | Sum of 1/20/2000 - 12/20/2000
|2000 AGGREGATE PAYMENTS                                              | Distribution Dates           
|                                                                     |                              
|Distribution Date                                                    | Total 2000 (1)               
|                                                                     |                              
|Class A-1 Interest Distributed                                       | 12,813,394.26                
|Investor Principal Distribution A-1                                  | 72,335,406.26
Circuit Court for Prince George’s County

Case No. CAE-13-23282

Argued: September 10, 2014

IN THE COURT OF APPEALS

 OF MARYLAND

Misc. Docket AG No. 33

September Term, 2013

ATTORNEY GRIEVANCE COMMISSION

 OF MARYLAND

v.

THOMAS WESLEY FELDER, II

Harrell

Battaglia

Greene

Adkins

McDonald

Watts

Raker, Irma S. (Retired, specially

assigned)

 JJ.

PER CURIAM ORDER

Filed: September 11, 2014
ATTORNEY GRIEVANCE * In the

COMMISSION OF MARYLAND

 * Court of Appeals

v. * of Maryland

 * Misc. Docket AG No. 33 

THOMAS WESLEY FELDER, II

 * September Term, 2013

 

 PER CURIAM ORDER

For reasons to be stated in an opinion later to be filed, it

is this 11th day September, 2014,

ORDERED, by the Court of Appeals of Maryland, that the

Respondent, Thomas Wesley Felder, II, be, and he is hereby,

disbarred, effective immediately, from the further practice of law

in the State of Maryland; and it is further

ORDERED that the Clerk of this Court shall strike the name of

Thomas Wesley Felder, II from the register of attorneys, and

pursuant to Maryland Rule 16-760(e), shall certify that fact to the

Trustees of the Client Protection Fund and the clerks of all

judicial tribunals in the State; and it is further

ORDERED that respondent shall pay all costs as taxed by the

Clerk of this Court, including the costs of all transcripts,

pursuant to Maryland Rule 16-761(b), for which sum judgment is

entered in favor of the Attorney Grievance Commission of Maryland

against Thomas Wesley Felder, II. 

 /s/ Glenn T. Harrell 

 Senior Judge