alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12** 
**- 7135** 

MICHAEL L. WARDLOW ,
Plaintiff

- Appellant ,

v.
RICHARD NEELY, Superintendent; LAWRENCE PARSONS, Assist. Superintendent; KORY DALRYMPLE, Assist. Superintendent of Programs; DENNIS MARSHALL, Assist. Unit Mgr.; LISA MARTIN, Captain; LIEUTENANT WHITE; JOHN DOE; TODD PINION, Superintendent/Correctional Administrator; CHRIS BIRD, Nurse; SAMMY HASSAN, Doctor; E. WALRATH, Nurse ,
Defendants

- Appellees

.

Appeal from the United States District Court for the Western District of North Carolina , at Charlotte

. Robert J. Conrad, Jr. , Chief District Judge. ( 3:11

- cv
- 00596

- RJC )

Submitted : October 11 , 2012 Decided: October 16, 2012

Before KING, DUNCAN, and DIAZ , Circuit Judges.

Affirmed by un published per curiam opinion

.

Michael L. Wardlow, Appellant Pro Se. Lisa Yvette Harper, Assistant Attorney General, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circui t.2 PER CURIAM:

Michael L. Wardlow appeals the district court ’ s order
dismissing his 42 U.S.C. § 1983 (2006) action for failure to

exhaust administrative remedies. We have reviewed the record

and find no reversible error in the district court’s exhaustion
ruling, based on the record before it. See Fed. R. App. P.

10(a) ( the record on appeal consists only of a certified copy of
the docket, the transcripts of any proceedings, and the original
papers and exhib its filed in the district court). *

Accordingly, w e affirm the judgment of the district

court . We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional

process.

AFFIRMED

* To the extent that Wardlow’s amended complaint contended that a prison guard violated the Eighth Amendment while placing Wardlow in segregation, we note that it fails to allege that the guard applied any force “maliciously and sadistically for the very purpose of causing harm” rather than “in a good

- faith effort to maintain or restore discipline.” Whitley v. Albers , 475 U.S. 312, 320

- 21 (1986) (internal quotation marks omitted); see also Hudson v. McMillian , 503 U.S. 1, 7 (1992) (noting the factors applicable to determining whether a prison official has acted with the requisitely culpable state of mind). As a resul t, even if Wardlow exhausted his administrative remedies as to this claim, it was nonetheless properly dismissed.
<PAGE>


                            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 Lafayette Community Bancorp (the
"Company") on Form 10-QSB for the period ending March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Dennis
R. Hardwick, Principal Accounting 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/ Dennis R. Hardwick
----------------------
Dennis R. Hardwick
Principal Accounting Officer
May 14, 2003


The foregoing certification is being furnished solely pursuant to 18
U.S.C.ss.1350 and not for any other purpose, and is subject to the knowledge
standard contained in 18 U.S.C.ss.1350.










                                       19
Exhibit 32.1
 
 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 Deep Down, Inc. (“Deep Down”) on Form 10-Q for the period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (“the Report”), the undersigned, Ronald E. Smith, President and Chief Executive Officer of Deep Down, hereby certifies, 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 results of operations of Deep Down.
 
 This written statement is being furnished to the Securities and Exchange Commission as an exhibit to the Report. A signed original of this statement has been provided to Deep Down and will be retained by Deep Down and furnished to the Securities and Exchange Commission or its staff upon request.
 
 Date:       May 18, 2011
 
 /s/ RONALD E. SMITH
 Ronald E. Smith
 President and Chief Executive Officer
 (Principal Executive Officer)
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule contains summary financial information extracted from the
consolidated balance sheet and the consolidated statement of operations, and is
qualified in its entirety by reference to such financial statements.
</LEGEND>

       
<S>                                            <C>
<PERIOD-TYPE>                                  Year
<FISCAL-YEAR-END>                              Oct-31-1998
<PERIOD-END>                                   Oct-31-1998
<CASH>                                         1,573,519
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    96,429
<CURRENT-ASSETS>                               2,145,172
<PP&E>                                         48,572,263
<DEPRECIATION>                                 8,113,245
<TOTAL-ASSETS>                                 46,435,217
<CURRENT-LIABILITIES>                          44,022,355
<BONDS>                                        41,977,596
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       38,741
<OTHER-SE>                                     (2,202,018)
<TOTAL-LIABILITY-AND-EQUITY>                   46,435,217
<SALES>                                        19,379,052
<TOTAL-REVENUES>                               23,225,232
<CGS>                                          0
<TOTAL-COSTS>                                  26,937,766
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             6,171,032
<INCOME-PRETAX>                                (9,865,346)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (9,865,346)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      457,016
<NET-INCOME>                                   (9,408,330)
<EPS-PRIMARY>                                  (.24)
<EPS-DILUTED>                                  0
        



</TABLE>
Court of Appeals

Sixth Appellate District of Texas

JUDGMENT

Michael Christopher Ferris, Appellant

No. 06-13-00098-CR v.

The State of Texas, Appellee

Appeal from the County Court at Law of 

Panola County, Texas (Tr. Ct. No. 2012-C0094). Opinion delivered by Chief Justice 

Morriss, Justice Carter and Justice Moseley

participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court 

below. We affirm the judgment of the trial court.

We note that the appellant, Michael Christopher Ferris, has adequately indicated his 

inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED MARCH 14, 2014

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

December 27, 2007 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 131210 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, DALE BRADSHAW, Justices 

Plaintiff-Appellee, 

v SC: 131210 

 COA: 258764 

Manistee CC: 04-011537-NH 

WEST SHORE MEDICAL CENTER, 

Defendant-Appellant, 

and 

MUNSON HEALTH CARE, d/b/a 

MUNSON HOME HEALTH, 

Defendant-Appellee. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the April 6, 2006 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

CORRIGAN, J., dissents and states as follows: 

I would grant leave to appeal for the reasons stated in my dissent from the denial 

of leave to appeal in Sturgis Bank & Trust Co v Hillsdale Community Health Ctr, 268 

Mich App 484 (2005). See 479 Mich 854 (2007). 

d1219 

I, Corbin R. Davis, 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. 

December 27, 2007 

 Clerk
<PAGE>
                                                                    Exhibit 10.1

                                LUSCAR COAL LTD.

                  CERTIFICATION PURSUANT TO 18 U.S.C. SS. 1350
                   (SECTION 906 OF SARBANES-OXLEY ACT OF 2002)


In connection with the annual report of Luscar Coal Ltd. (the "Company") on Form
20-F for the twelve months ended December 31, 2003, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), each of the
undersigned certifies that 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 that the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.



Date:  June 29, 2004





/s/ Dennis G. Maschmeyer                          /s/ Garnet Clark
-----------------------------------               ------------------------------
Name:   Dennis G. Maschmeyer                      Name:  Garnet Clark
Title:  Chief Executive Officer                   Title: Chief Financial Officer
        Luscar Coal Ltd.                                 Luscar Coal Ltd.

A signed original of this written statement required by Section 906 has been
provided to Luscar Coal Ltd. and will be retained by Luscar Coal Ltd. and
furnished to the Securities and Exchange Commission or its staff upon request.
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-19-00033-CV

IN RE: THE COMMITMENT OF JUSTIN 

SHELTON

§

§

§

§

On Appeal from the 16th District Court

of Denton County (18-1648-16)

April 16, 2020

Opinion by Justice Womack

JUDGMENT ON REHEARING

Appellant Justin Shelton filed a motion for rehearing on our opinion that was 

issued on February 13, 2020. We deny the motion, withdraw our opinion and 

judgment dated February 13, 2020, and substitute the following.

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/Dana Womack

 Justice Dana Womack
Exhibit 32.1 Certification.

Certification of Chief Executive Officer of Proton Laboratories, Inc. pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 and Section 1350 of 18 U.S.C.
63.

I, Edward Alexander, the Chief Executive Officer of Proton Laboratories, Inc.
hereby certify that Proton Laboratories, Inc.'s periodic report on Form 10-QSB
and the financial statements contained therein 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 that information contained in the periodic report
on Form 10-QSB and the financial statements contained therein fairly represents,
in all material respects, the financial condition and results of the operations
of Proton Laboratories, Inc.

Date: November 18, 2004
Edward Alexander
/s/ Edward Alexander
Chief Executive Officer of
Proton Laboratories, Inc.


<PAGE>
#### Billy J. SMITH, Appellant, v. The STATE of Texas, Appellee.

No. 27710.

Court of Criminal Appeals of Texas.

Oct. 19, 1955.

Howze & Howze, by Murray J. Howze; Monahans, for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

DAVIDSON. Judge.

This is a - conviction for forgery, with punishment assessed at two years in the penitentiary. ' - .

Under the statute, Art. 979, P.C., an essential element of the crime of forgery is the making “without lawful authority” of a false instrument in writing, purporting to be the act of. another, with the intent to injure or defraud.

The instant indictment contains no allegation that the check described therein, wfiich upon its face purported to be the act of another,-was made “without lawful authority”.

The absence of such allegation renders the indictment fatally defective. Branch’s P.C., Sec. 1403, p. 856; Willson’s Criminal Forms, No. 430; Pye v. State, 71 Tex.Cr.R. 94, 154 S.W. 222.

Accordingly, the judgment is- reversed and prosecution ordered dismissed. ■
EXHIBIT 32.2

SECTION 1350
CERTIFICATION

In
connection with the Annual Report of National Home Health Care Corp. (the
Company) on Form 10-K for the year ended July 31, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Robert
P. Heller, Principal Financial Officer 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,
to the best of my knowledge:

|(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.
|--- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------------------

October 30, 2006

| | /s/
Robert P. Heller
| | --------------------

| | Robert
P. Heller
Principal Financial Officer
| | --------------------------------------------

A signed original of this written
statement required by 18 U.S.C. Section 1350 has been provided to National Home Health
Care Corp. and will be retained by National Home Health Care Corp. and furnished to the
Securities and Exchange Commission or its staff upon request.
#### DAVIDSON v. STATE.

No. 26804.

Court of Criminal Appeals of Texas.

Jan. 27, 1954.

No attorney on appeal for appellant.

William H. Scott, Dist. Atty., King C. Haynie, Asst. Dist. Atty., Houston, Wesley Dice, State’s Atty., Austin, for the' State.

BELCHER, Commissioner.

Appellant was convicted for the offense of driving while intoxicated, and his punishment was assessed at three months in jail and a fine of $50.

The complaint and information, as well as all matters of procedure, appear regular. The record is before us without a statement of facts or bills of exception, in the ab-. sence of which nothing is presented for review.

The judgment of the trial court is affirmed.

Opinion approved by the Court.
MSTRS Upda

CAAAC Meeting 

October 7, 2009

John Guy, 

Office of Transportation and Air Q
Meeting Topics: May 

• Membership issues – loss o• Workgroup Reports 

– MOVES Model Review–Transitioning I/M– Clean Diesel

• Diesel Retrofit Funding -- E

–Stimulus Funds are 100% aw– RFPs for 09/10 money due o

• Diesel Retrofit Report to Co
Meeting Topics (

• New EPA Proposed Rulemakings

– Light duty GHG rulemaking –(on CAAAC agen– NO2 NAAQS and near roadway monitoring re

• New Studies

– Moving Cooler – NRDC– Health Effects of Exposure to Traffic – HEI (on – Reducing HD Vehicle Fuel Consumption and 

NESCAUM / ICCT

http://www.epa.gov/air/caaac/mobile_source
Dismissal and Opinion Filed July 3, 2013 

# S

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-12-01591-CV

JERRY W. JOHNSON AND GOD'S NEW CO MUNITY OPEN DOOR OF HOPE, Appellants V. CHURCHLOANS.COM, L.L.C. & HERRING BANK, AS TRUSTEE FOR THE BONDHOLDERS OF GOD'S TABERNACLE OF DELIVERANCE, G.V.M., INC., Appellees
On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-12-02720-D

MEMORANDUM OPINION Before Chief Justice Wright and Justices FitzGerald and Lewis Opinion by Justice FitzGerald The filing fee in this case is past due. By postcard dated November 27, 2012, we notified appellants the $175 filing fee was due. We directed appe llants to remit the filing fee within ten days and expressly cautioned appellants that failu re to do so would result in dismissal of the appeal. Also by postcard dated November 27, 2012 we notified appellants the docketing statement had not been filed in this case. We directed appellants to file the docketing statement within ten days. We cautioned appellants that failure to do so might result in dismissa l of this appeal. To date, appellants have not paid the filing fee, filed the docketing statement, or otherw ise corresponded with the Court regarding the status of this appeal.–2– Accordingly, we dismiss this appeal. See T EX

. R. A PP

. P. 42.3(b)(c).

121591F.P05 /Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE–3– 

# S

Court of Appeals Fifth District of Texas at Dallas
JUDGMENT

JERRY W. JOHNSON, GOD'S NEW COMUNITY OPEN DOOR OF HOPE, Appellants

No. 05-12-01591-CV V.

CHURCHLOANS.COM, L.L.C. & HERRING BANK, AS TRUSTEE FOR THE BONDHOLDERS OF GOD'S TABERNACLE OF DELIVERANCE, G.V.M., INC., Appellees On Appeal from the County Court at Law No. 4, Dallas County, Texas Trial Court Cause No. CC-12-02720-D. Opinion delivered by Justice FitzGerald. Chief Justice Wright and Justice Lewis participating.

In accordance with this Court’s opinion of this date, this appeal is DISMISSED

. It is ORDERED that appellees CHURCHLOANS.COM, L.L.C. & HERRING BANK, AS TRUSTEE FOR THE BONDHOLDERS OF GOD'S TABERNACLE OF DELIVERANCE, G.V.M., INC. recover their costs of this ap peal from appellants JERRY W. JOHNSON and GOD'S NEW COMUNITY OPEN DOOR OF HOPE.

Judgment entered July 3, 2013

/Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE
#### Hassell Hinds RATLIFF, Appellant, v. The STATE of Texas, Appellee.

No. 27496.

Court of Criminal Appeals of Texas.

March 9, 1955.

J. W. Reid, Abilene, for appellant.

_Leon Douglas, State’s Atty., Austin, for the State.

DICE, Commissioner.

Appellant was convicted for the unlawful possession of whisky for the purpose of sale in a dry area; and his punishment assessed at confinement in jail for 30 days and a fine of $300.

The State’s evidence is sufficient to sustain the allegations in the information that appellant possessed whisky for the purpose of sale in Taylor County on the date alleged.

Appellant, m his brief, urges that the conviction cannot stand because there is no proof in the record that Taylor County was a dry area or that there was any stipulation or agreement made in the presence and hearing of the jury as to the dry status of the county.

The record shows that after announcement of ready for trial and before the information was read and appellant entered his plea, it was agreed and stipulated that Taylor County was a dry area.

The record further shows that no issue was raised during the trial of the case as to the dry status of the county, and the court in its charge instructed the jury, without objection from appellant, that Taylor County was a dry area.

In McLaughlin v. State, 157 Tex.Cr.R. 384, 249 S.W.2d 221, where no évidence was introduced showing the dry status of the county and it was stipulated outside the presence and hearing of the jury that the county was a dry area and the court so instructed the jury, it was held that a finding of the jury that the county was a dry area was unnecessary in view of the stipulation.

Under the stipulation in this case, it was unnecessary for the State to make proof of the dry status of the county before the juryl

The evidence is sufficient to support the conviction.

The judgment is therefore affirmed.

Opinion approved by the Court.
i ' % • 

Before the U.S. Department of Transportation ^"^ "*" " " umm Ln 

Federal Aviation Administration FEB 2 ^ ^0)1 

) 

In the matter of ) 

^ 'EARING DOCKET 

) Docket No. CPlOSOOOll 

M & R HELICOPTER ) FAA Case No. 2009SO950434 

) Chief Judge Ronnie A. Yod©F 

) s^ 

NOTICE OF CONTINUING OBJECTION ^ S^^S^i' 

Complainant hereby files this notice of a continuing objection to all future' TIZ -' ' " 

pleadings filed by Respondent that reiterate the same or substantially similar arguments 

raised in pleadings already filed in this matter. The sheer number of and nature of the 

pleadings filed by Respondent and redundancy of the arguments raised in them clearly 

indicates that Respondent is abusing the litigation process. At least 63 pleadings have 

been filed by Respondent, most of which raise redundant and baseless arguments. This is 

resulting in a waste of government resources as Complainant files responses to 

Respondent's pleadings that merely reiterate and redirect the Chief Administrative Law 

Judge to prior responses filed by Complainant. 

To the extent Respondent continues to file pleadings that raise redundant and 

meritless arguments. Complainant objects to those pleadings and respectfully submits this 

notice as Complainant's response to those pleadings. Complainant will file a response to 

any future pleadings that raise arguments that warrant a response, but will no longer 

respond to pleadings that abuse the process of law and raise arguments already addressed 

in other pleadings absent an order or intervention by the Chief Administrative Law Judge. 
1 

i Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

S/J^oa^ C^^^ ^ 

Date: February 18, 2011 

ra Ponto 

Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Phone: (202)267-9863 

Facsimile: (202)267-5106 
Certificate of Service 

I hereby certify that on this date I have placed in the U.S. mail, postage prepaid, 

certified return-receipt, a copy of Complainant's Notice of Continuing Objection In the 

Matter ofM & R Helicopters, Docket No. CPlOSOOOl 10, FAA Case no. 2009SO950434, 

addressed to: 

Dr. Michael B. Selig 

President 

M & R Helicopters, LLC 

2045 Westgate Dr., Suite 205 

Bethlehem, PA 18017 

In addition, I hereby certify that on this date I have sent by the U.S. mail, postage 

prepaid, certified return-receipt and facsimile one copy of the foregoing document to: 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Facsimile: 202-366-7536 

In addition, I hereby certify that on this date I have sent by the U.S. mail, postage 

prepaid, certified return-receipt, the original and one copy of the foregoing document to: 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building - Suite 2W1000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

^BsH^uv '^otf^ 

Dated: February 18, 2011
#### Julian GARCIA, Appellant, v. The STATE of Texas, Appellee.

No. 27446.

Court of Criminal Appeals of Texas.

Feb. 9, 1955.

No attorney on appeal for appellant.

Leon Douglas, State’s Atty., Austin, for the State.

PER CURIAM.

The offense is passing a forged instrument; the punishment, two years in the penitentiary.

The record on appeal contains no statement of facts or bills of exception. All proceedings appear to be regular and nothing is presented for review.

The judgment is affirmed.