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 QUIN N, C.J., and CAMPBELL and HANCOCK , JJ. Relator , Robert Miller , filed an application for a writ of mand a mus in the above referenced cause without paying the requisite filing fee. By letter dated August 11 , 2015, this cour t 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 in mate trust account . He was also told that the proceeding would be dismissed if he did not comply. T EX . R. A PP . P. 42.3(c); see T EX . C IV . P RAC . & R EM . C ODE A NN . § 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 his2

response, Miller advised the court that he was “indigent at this time,” however he would send twenty percent of the money he receiv ed 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. L EXIS 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
1

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_____________

No. 12-3991

_____________

ERNESTO GALARZA,

Appellant

v.

MARK SZALCZYK; CITY OF ALLENTOWN;

LEHIGH COUNTY; GREG MARINO;

CHRISTIE CORREA

_____________

On Appeal from the United States District Court 

for the Eastern District of Pennsylvania

(Civil Action No. 10-cv-6815)

District Judge: Hon. James Knoll Gardner

_____________

Argued: October 10, 2013

Before: FUENTES, COWEN, and BARRY, Circuit Judges.

(Opinion Filed: March 4, 2014)

___________ 

O R D E R

 It is O R D E R E D that the Opinion entered on March 4, 2014 is amended to 

correct a clerical error referred to parties represented by Andrew C. Nichols, Esq.

The March 4, 2014, Opinion is amended as follows:

 1. On page 3 of the Court’s Opinion “Attorney for Amicus Appellant 
2

National Immigration Project of the National Lawyers Guild” is corrected to read

“Attorney for Amicus Appellants National Immigration Project of the National Lawyers 

Guild and National Immigrant Justice Center.”

For the Court,

s/ Marcia M. Waldron

Clerk

Dated: March 26, 2014

SLC/cc: Counsel of Record
Not for Publication in West's Federal Reporter

United States Court of Appeals

For the First Circuit

No. 13-2199

MAGDALENA RODRÍGUEZ CORDERO AND JOSÉ OSCAR RAMOS,

Plaintiffs, Appellants,

v.

CENTRO DE SALUD DE LARES, INC.,

Defendant, Appellee.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. José A. Fusté, U.S. District Judge]

Before

Howard, Selya and Thompson,

Circuit Judges.

Alfredo Castellanos Bayouth, Anabelle Quiñones-Rodríguez and

Castellanos & Gierbolini Law Firm on brief, for appellants.

Raynaldo Quintana Latorre, Carolina Santa Cruz-Sadurní and

Baerga & Quintana Law Offices on brief, for appellee.

June 20, 2014
Per Curiam. Having carefully reviewed the papers in this

case, we summarily affirm the judgment below for substantially the

reasons articulated in the district court's lucid opinion. See

Rodríguez-Cordero v. Centro de Salud de Lares, Inc., No. 11-2258,

2013 WL 4045705 (D.P.R. Aug. 7, 2013).

Affirmed. See 1st Cir. R. 27.0(c).
Exhibit 32

                            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 Quarterly Report of Fun City Popcorn (the "Company") on
Form 10-QSB/A for the period ending March 31, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Richard Falk,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 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/  RICHARD FALK
----------------------------------
     Richard Falk
     Chief Executive Officer
     November 18, 2003
**Exhibit 32.1**

 

CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

The undersigned, the ChiefExecutive Officer of Gladstone Capital Corporation (the “Company”), herebycertifies on the date hereof, pursuant to 18 U.S.C. §1350(a), as adoptedpursuant to Section 906 of The Sarbanes-Oxley Act of 2002, that the QuarterlyReport on Form 10-Q for the quarter ended March 31, 2005 (“Form 10-Q”), filedconcurrently herewith by the Company, fully complies with the requirements ofSection 13(a) or Section 15(d) of the Securities Exchange Act of 1934, asamended, and that the information contained in the Form 10-Q fairly presents,in all material respects, the financial condition and results of operations ofthe Company.

 

Dated:  May 9, 2005

 

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

 

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

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JUL-31-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                       1,105,608
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               482,570
<PP&E>                                      20,095,029
<DEPRECIATION>                              10,768,595
<TOTAL-ASSETS>                              21,683,207
<CURRENT-LIABILITIES>                        8,582,323
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                  13,100,883
<TOTAL-LIABILITY-AND-EQUITY>                21,683,207
<SALES>                                              0
<TOTAL-REVENUES>                             4,245,796
<CGS>                                        3,888,326
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             120,868
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   236,602
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
2005 BOARD OF DIRECTORS  SPECIAL CASH DISTRIBUTION ELECTION FORM
 December 19, 2008
 First Name:
    
    Last Name:
    
    SSN:
  This Special Cash Distribution Election Form relates to the distribution of 2005 deferred compensation under the Ingram Micro Inc. Board of Directors Deferred Compensation Plan (the Plan) that would not otherwise be payable in 2008, provided that such election does not cause any amounts to be paid in 2008 that would not otherwise be payable in 2008, in accordance with the applicable provisions of Section 409A
of the Internal Revenue Code and I.R.S. Notice 2005-1 (as extended by I.R.S. Notice 2007-86). Capitalized terms used and not otherwise defined in this Special Cash Distribution Election Form will have the meanings ascribed to those terms in the Plan.
  I elect the following distribution date and form of distribution payment for my 2005
compensation that I elected to defer under the Plan according to my 2005 Cash Deferral and Investment Election that is not otherwise payable
in 2008;
provided that, this election shall not cause any amounts to be paid in 2008 that would not otherwise be payable in 2008.
 1. DISTRIBUTION DATE**:
 The last business day of the month in which occurs the 60th day following separation from service from the Board with the
Corporation, including death, disability or retirement.On January 31 of the calendar year following the year of separation from service from the Board with the Corporation, including
death, disability or retirement.The last business day of , or, if earlier, upon[the last business day of
                          
                     Month            Year
the month in which occurs the 60th day following separation from service from the Board with the
Corporation, including death, disability or retirement.
 2. DISTRIBUTION PAYMENT OPTIONS**:
 Lump Sum Payment
    
    5 Annual Installments (5 years)
    
    20 Quarterly Installments (5 years)10 Annual Installments (10 years)
    
    40 Quarterly Installments (10 years)15 Annual Installments (15 years)
    
    60 Quarterly Installments (15 years)
 
 **
    
    If you do not make an election for the form of your distribution payment, the default form of
distribution will be lump sum commencing on the last business day of the month in which occurs the
60th day following your termination of service from the Board with the Company,
including death, disability or retirement. th
  B. BENEFICIARY DESIGNATION:
 Name
    
    Relationship
    
    Social Security Number
    
    Percentage
   Directors Signature
    
    
    
    Date
**Exhibit 32.2**

 

STATEMENT OF CHIEF FINANCIALOFFICERPURSUANT TO SECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002

 

Pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, I, Thomas R. Moyes, certify that:

 

1.  The Quarterly Report on Form 10-QSBfor the quarter ended September 30, 2005 (the “Report”) of MediCor Ltd.(the “Company”), fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

2.  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of MediCor.

 

Date: February 6, 2006

 

 
|   | /s/ Thomas R. Moyes     |   |
|--------|-------------------------|--------|
|   | Thomas R. Moyes         |
|   | Chief Financial Officer |

 

----
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         Eunice Kennedy Shriver National Institute of Child Health and Human Development Special Emphasis Panel; Member Conflict: Population Sciences Study Section.                    

*Date:*                         March 5, 2024.                    

*Time:*                         9:00 a.m. to 11:00 a.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, Eunice Kennedy Shriver National Institute of Child Health and Human Development, 6710B Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).                    

*Contact Person:*                         Vera A. Cherkasova, Ph.D., Scientific Review Branch, Eunice Kennedy Shriver National Institute of Child Health and Human Development, NIH, 6710B Rockledge Drive, Room 2137B, Bethesda, MD 20892, (240) 478-4580,                         *vera.cherkasova@nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)

      ( print page 4964)    
Dated: January 19, 2024. 

Lauren A. Fleck. 

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2024-01428 Filed 1-24-24; 8:45 am]

BILLING CODE 4140-01-P
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     Financial Data Schedule for Travis Boats & Motors, Inc.
</LEGEND>
<CIK>                         0001012734
<NAME>                        Travis Boats & Motors, Inc.
<MULTIPLIER>                    1,000
<CURRENCY>                      U.S. Dollars

<S>                             <C>          <C>
<PERIOD-TYPE>                   12-MOS       12-MOS
<FISCAL-YEAR-END>               SEP-30-1999  SEP-30-1998
<PERIOD-START>                  OCT-01-1998  OCT-01-1997
<PERIOD-END>                    SEP-30-1999  SEP-30-1998
<EXCHANGE-RATE>                 1            1
<CASH>                          4,125        4,618
<SECURITIES>                    0            0
<RECEIVABLES>                   12,668       4,893
<ALLOWANCES>                    (247)        0
<INVENTORY>                     75,700       38,934
<CURRENT-ASSETS>                93,559       50,095
<PP&E>                          24,944       16,110
<DEPRECIATION>                  4,529        3,417
<TOTAL-ASSETS>                  125,931      69,116
<CURRENT-LIABILITIES>           88,339       38,683
<BONDS>                         6,897        4,980
<PREFERRED-MANDATORY>           0            0
<PREFERRED>                     0            0
<COMMON>                        43           43
<OTHER-SE>                      37,592       30,390
<TOTAL-LIABILITY-AND-EQUITY>    125,931      69,116
<SALES>                         182,259      131,740
<TOTAL-REVENUES>                182,259      131,740
<CGS>                           (135,625)    (96,839)
<TOTAL-COSTS>                   (135,625)    (96,839)
<OTHER-EXPENSES>                (32,945)     (23,890)
<LOSS-PROVISION>                0            0
<INTEREST-EXPENSE>              (3,808)      (2,310)
<INCOME-PRETAX>                 10,419       8,781
<INCOME-TAX>                    (3,846)      (3,218)
<INCOME-CONTINUING>             6,573        5,563
<DISCONTINUED>                  0            0
<EXTRAORDINARY>                 0            0
<CHANGES>                       0            0
<NET-INCOME>                    6,573        5,563
<EPS-BASIC>                   1.53         1.31
<EPS-DILUTED>                   1.49         1.26



</TABLE>
<PAGE>
 
                                                                    EXHIBIT 23.1

            REPORT ON SCHEDULE AND CONSENT OF INDEPENDENT AUDITORS


The Board of Directors
Netopia, Inc. and subsidiary:

The audits referred to in our report dated November 4, 1997, included the 
related financial statement schedule as of September 30, 1997, and for each of 
the years in the three-year period ended September 30, 1997, included in the 
annual report on Form 10-K of Netopia, Inc., formerly Farallon Communications, 
Inc. This financial statement schedule is the responsibility of the Company's 
management. Our responsibility is to express an opinion on this financial 
statement schedule based on our audits. In our opinion, such financial statement
schedule, when considered in relation to the basic consolidated financial 
statements taken as a whole, presents fairly in all material respects the 
information set forth therein.

We consent to incorporation by reference in the registration statements (No. 
333-26081 and No. 333-05845) on Form S-8 of Farallon Communications, Inc. and 
subsidiary of our reports dated November 4, 1997, relating to the consolidated 
balance sheets of Netopia, Inc. and subsidiary as of September 30, 1996 and 
1997, and the related consolidated statements of operations, stockholders' 
equity, and cash flows for each of the years in the three-year period ended 
September 30, 1997, and related schedule, which reports appear in the September 
30, 1997 annual report on Form 10-K of Netopia, Inc.



                                            /s/ KPMG Peat Marwick LLP
                                            ------------------------------------

                                            KPMG Peat Marwick LLP

San Francisco, California
December 17, 1997
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                             170
<INT-BEARING-DEPOSITS>                           3,119
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                           5,234
<INVESTMENTS-MARKET>                             5,116
<LOANS>                                         25,940
<ALLOWANCE>                                        126
<TOTAL-ASSETS>                                  35,271
<DEPOSITS>                                      27,292
<SHORT-TERM>                                        65
<LIABILITIES-OTHER>                                226
<LONG-TERM>                                        754
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       6,934
<TOTAL-LIABILITIES-AND-EQUITY>                  35,271
<INTEREST-LOAN>                                  2,013
<INTEREST-INVEST>                                  346
<INTEREST-OTHER>                                   198
<INTEREST-TOTAL>                                 2,558
<INTEREST-DEPOSIT>                               1,487
<INTEREST-EXPENSE>                               1,530
<INTEREST-INCOME-NET>                            1,028
<LOAN-LOSSES>                                       15
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                    919
<INCOME-PRETAX>                                    157
<INCOME-PRE-EXTRAORDINARY>                         157
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       112
<EPS-PRIMARY>                                      .49
<EPS-DILUTED>                                      .49
<YIELD-ACTUAL>                                    7.40
<LOANS-NON>                                          0
<LOANS-PAST>                                        84
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   111
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                  126
<ALLOWANCE-DOMESTIC>                               126
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            126
        

</TABLE>
**Exhibit32.2**

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

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

 

The undersigned, theChief Financial Officer of Gladstone Capital Corporation (the “Company”),hereby certifies on the date hereof, pursuant to 18 U.S.C. §1350(a), as adoptedpursuant to Section 906 of The Sarbanes-Oxley Act of 2002, that the QuarterlyReport on Form 10-Q for the quarter ended December 31, 2006 (“Form 10-Q”),filed concurrently herewith by the Company, fully complies with therequirements of Section 13(a) or Section 15(d) of the Securities Exchange Actof 1934, as amended, and that the information contained in the Form 10-Q fairlypresents, in all material respects, the financial condition and results of operationsof the Company.

Dated:  February 6, 2007
| /s/ HARRY BRILL          |   |   |
|--------------------------|--------|--------|
| Harry Brill              |   |   |
| Chief Financial  Officer |   |   |

 

 

----
August 15, 2006

 

Mr. Keith Berman

Mr. Robert Jagunich

Members of the Executive Committee

INSTACARE CORPORATION

2660 Townsgate Road, Suite 300

Westlake Village, CA 91361

 

Re: Resignation

 

Dear Executive Committee Members:

 

Please accept this letter as my resignation from InstaCare Corporation as the Chairman and Chief Executive Officer, effective immediately.

 

It has become more apparent to me that we differ substantially in our business philosophies, and thus can no longer in good conscience continue to work with or be associated with individuals who put themselves ahead of shareholders. More to the point the pressure you have put on me to change my testimony from the truth to a lie has caused me great duress and unnecessary stress. These tactics are uncalled for and I will not subject me or my family to them any longer. I shall remain as director and hope to continue to have a positive influence on this company’s direction. 

 

As you know the company is in arrears on my salary, I request that upon receipt of this letter that the company will immediately pay all back salary and benefits due me.

 

Respectfully,

 

Robert L. Cox

 

Cc. Frank W. Molloy, Hunter, Molloy & Salcido, LLP

 

 

 

 

 

 

instaCare Corp.  2660 Townsgate Rd.  Ste 300  Westlake Village, CA 91361  (805) 446-1973