alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

IMAD FOUAD ZEIN,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 07-75036

Agency No. A077-302-547

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted October 19, 2010** 

Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.

Imad Fouad Zein, a native and citizen of Lebanon, petitions for review of the

Board of Immigration Appeals’ order dismissing his appeal from an immigration

judge’s decision denying his application for withholding of removal. We have

jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Zehatye v.

FILED

OCT 25 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 07-75036

Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and deny the petition for

review.

Substantial evidence supports the agency’s finding that Zein failed to

demonstrate that either the threatening phone calls he received from Hezbollah or

the attempted kidnaping of his son were on account of a protected ground. See INS

v. Elias-Zacarias, 502 U.S. 478, 481-82 (1992); Tecun-Florian v. INS, 207 F.3d

1107, 1109 (9th Cir. 2000). The record also does not compel the conclusion that

the harassment Zein experienced by guards at checkpoints amounted to persecution

or demonstrated a clear probability of persecution. See Khourassany v. INS, 208

F.3d 1096, 1100-01 (9th Cir. 2000); Nagoulko v. INS, 333 F.3d 1012, 1016-17 (9th

Cir. 2003). Accordingly, Zein’s withholding of removal claim fails. See 8 U.S.C.

§ 1231(b)(3).

PETITION FOR REVIEW DENIED.
#### Lester HOWARD, Appellant, v. The STATE of Texas, Appellee.

No. 27513.

Court of Criminal Appeals of Texas.

March 30, 1955.

No attorney on appeal for appellant.

Dan Walton, Dist. Atty., Eugene Brady, Jr., Asst. Dist. Atty., Houston, Leon Douglas, State’s Atty., Austin, for the State.

PER CURIAM.

The offense is burglary; the punishment, enhanced because of a prior conviction for felony theft, 12 years in the penitentiary.

The record on appeal contains no statément of facts or bills of exception. All proceedings appear to. be regular and nothing is presented for review. The judgment is affirmed.
[Cite as Walsh v. Walsh, 2022-Ohio-1101.]

IN THE COURT OF APPEALS OF OHIO

ELEVENTH APPELLATE DISTRICT

ASHTABULA COUNTY

KENNETH J. WALSH,

Petitioner-Appellant,

- v -

CARMELLA A. WALSH,

Petitioner-Appellee.

CASE NO. 2022-A-0004

Civil Appeal from the

Court of Common Pleas

Trial Court No. 2016 DR 00334

M E M O R A N D U M

O P I N I O N

Decided: March 31, 2022

Judgment: Appeal dismissed

Kenneth J. Walsh, pro se, 1144 Lloyd Road, Wickliffe, OH 44092 (Petitioner-Appellant).

Darya Jeffreys Klammer, The Klammer Law Office, Ltd., 7482 Center Street, Unit 6, 

Mentor, OH 44060 (For Petitioner-Appellee).

JOHN J. EKLUND, J.

{¶1} On February 14, 2022, appellant, Kenneth J. Walsh, filed a pro se appeal 

from a February 4, 2022 judgment entry of the Ashtabula County Court of Common Pleas. 

In that entry, the trial court merely affirmed and adopted a July 15, 2021 magistrate’s 

decision, but did not issue its own judgment separate from the magistrate’s decision. 

{¶2} Appellee, Carmella A. Walsh, through counsel, filed a motion to dismiss the 

appeal for lack of a final appealable order. Appellant opposed the motion.

{¶3} Initially, we must determine whether there is a final appealable order since 

this court may entertain only those appeals from final judgments or orders. Noble v. 
2

Case No. 2022-A-0004

Colwell, 44 Ohio St.3d 92, 96 (1989). Under Section 3(B)(2), Article IV of the Ohio 

Constitution, a judgment of a trial court can be immediately reviewed by an appellate court 

only if it constitutes a “final order” in the action. Germ v. Fuerst, 11th Dist. Lake No. 2003-

L-116, 2003-Ohio-6241, ¶ 3. If a lower court’s order is not final, then an appellate court 

does not have jurisdiction to review the matter, and the matter must be dismissed. Gen. 

Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17, 20 (1989). 

{¶4} The mere adoption of a magistrate’s decision does not constitute a final 

appealable order. In re Castrovince (Aug. 16, 1996), 11th Dist. Portage No. 96-P-0175, 

1996 WL 1056815, at 1. This court has stated it is not sufficient for a final appealable 

order that a trial court merely incorporate by reference the recommendations of a 

magistrate’s decision. Id. Rather, the decision and the trial court’s judgment must be 

“separate and distinct instruments which are complete and independent of each other.”

Id.; see also Sed v. Mundy, 11th Dist. Portage No. 2015-P-0068, 2015-Ohio-5221, at ¶ 7.

{¶5} Here, the February 4, 2022 trial court entry merely adopted the magistrate’s 

decision. The trial court did not issue its own “separate and distinct” order setting forth 

the court’s ruling on the matter. 

{¶6} Based upon the foregoing analysis, appellee’s motion to dismiss is granted, 

and this appeal is hereby dismissed for lack of a final appealable order.

CYNTHIA WESTCOTT RICE, J.,

MARY JANE TRAPP, J.,

concur.
| 1. | the                Report fully complies with the requirements of Section 13(a) or 15(d)                of                the Securities Exchange Act of 1934, as amended;                and |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

|                                       |                                                                                                                                                        |                             |
|--------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------|
| Date:                October 1, 2007  |                                                                                                                                                             |
|                                       |                                                                                                                                                        |                             |
|                                            |                                                                                                                                                             | /s/                Shevach Saraf |
|                                       | Shevach                SarafChairman,                President, Chief                Executive Officer,Treasurer                and Chief Financial Officer |

----
Exhibit 32.1



CERTIFICATION  PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002



I, Terry McConnaughey, director and president of Silver Butte Mining Company (the Company) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.

This Quarterly Report on Form 10-QSB of the Company for the period ended November 30, 2003, as filed with the Securities and Exchange Commission (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.



Date:  January 9, 2004

By:    _/s/ Terry McConnaughey_______________



Terry McConnaughey, President and Director
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 Agriculture

###### Forest Service 

# AGENCY:

Forest Service, USDA. 

# ACTION:

Notice.

# SUMMARY:

The former title of Lands and Minerals Program Leader, Eastern Region, has been changed to Director, Lands and Minerals, Eastern Region (Region 9). The Regional Forester approved this action on September 15, 2000. This notice serves to advise the public that under the new title of Director, Lands and Minerals, the incumbent has authorization to sign legal documents on behalf of the United States. This signing authority applies to all conveyance documents; that is, deeds and other legal instruments as specified in the Forest Service Manual (FSM) 5400. 

# FOR FURTHER INFORMATION CONTACT:

Questions about this notice should be addressed to Carolyn Williams, Regional Realty Specialist, Forest Service, USDA, 310 West Wisconsin Avenue, Milwaukee, WI 53203; phone 414-297-3696. 

      ( print page 57592)    
Dated: September 15, 2000.

Paul M. Stockinger, 

Director, Lands and Minerals, Eastern Region. 

[FR Doc. 00-24507 Filed 9-22-00; 8:45 am]

BILLING CODE 3410-11-M
I 

112TH CONGRESS 

2D SESSION H. R. 4549 

To extend the temporary suspension of duty on certain acrylic fiber tow. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 24, 2012 

Mr. JONES introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To extend the temporary suspension of duty on certain 

acrylic fiber tow. 

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

3 SECTION 1. CERTAIN ACRYLIC FIBER TOW. 

4 (a) IN GENERAL.—Heading 9902.40.14 of the Har5 monized Tariff Schedule of the United States (relating to 

6 certain acrylic fiber tow) is amended by striking ‘‘12/31/ 

7 2012’’ and inserting ‘‘12/31/2015’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 subsection (a) apply with respect to goods entered, or 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•HR 4549 IH

1 withdrawn from warehouse for consumption, on or after 

2 the 15th day after the date of enactment of this Act. 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS
EXHIBIT 32.2

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 Amendment No. 1 to the Annual Report of Edgen Corporation (the "Company") on Form 10-K for the fiscal year ended
December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, David L. Laxton, III, 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 2002, that to my knowledge:



June 23, 2006

|By: |  | /s/DAVID L. LAXTON, IIIDavid L. Laxton, III Chief Financial
Officer |  | 
|--- |  | ------------------------------------------------------------------- |  | 

---



QuickLinks
### JUL-25-2012 WED 02:48 PM FAX NO.



## Demeo 

## & Associates, P.C. One Lewis Wharf Boston, MA 02110**T~lcphonel** 617·263·2600

Fax, 617,263·2300 'Bmaih cwaterman@jdemeo.com 

# FAXCOVERSHEET  CONFIDENTIALITYNOTICE** ** The documents accompanying this FAX transmission contain information from Demeo & Associates, P.C. that is confidential orprivileged. The information is intended for 

### the use ofthe individual or entity named onthis transmission sheet. Ifyou are notthe intended recipient, be aware that any disclosure, copying, distribution or use ofthe contents ofthis FAXinformation is prohibited. IF YOU HAVE RECEIVED THIS FAX 

### INERRORPLEASE NOTIFY US BY TELEPHONE IMMEDIATELY SO WE CAN ARRANGE FORTHE RETRIEVAL OF THE ORIGINAL DOCUMENTS AT NO COST TO YOU. July 25, 2012
RECIPIENT To: Hearing Docket Clerk Firm; FAA Tel: Fax.: 202-493-5142 Number ofpages including this cover sheet: 

### 2 Note: SENDER From: Christopher M. Waterman, Esq. 

### P. 

### 01

### JUL-25-2012 WED 02:46PM FAX NO.



### Demeo & Associates, P.C. One Lewis Wharf Boston, MA02110 Telephon"' 617-263-:/,600 Fax, 617·263·Z300 emailt cwarerma1\@jdemeo.com



### Via Facsimile andFirst ClassMail Hearing Docket Federal Aviation Adminstration 600 Independence Avenue, SW Wilbur Wright Building Suite 2W!OOO Washington, DC 20591 

### Attention - Hearing Docket ClerkAGC-430 Re: DocketNo. CPJuly 25, 2012

FAA Case No. 2012NE700040 Hazardous Materials Dear Sir or Madam: I write to withdraw my earlier request for a hearing in the above-referenced matter as the parties have agreed to a settlement. Thank you for your attention to this matter.

cc: Joseph L. Demeo, Esq. Vincent J. Bennet, Esq. (via fax and mail) Anthony Tremblay (via email) 

### P. 02
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 208 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 208

 To amend title 10, United States Code, to authorize the reimbursement 
   of mental health counselors under TRICARE, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2011

Mr. Rooney (for himself and Mr. Kissell) introduced the following bill; 
         which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
 To amend title 10, United States Code, to authorize the reimbursement 
   of mental health counselors under TRICARE, and for other purposes.

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

SECTION 1. SERVICES OF MENTAL HEALTH COUNSELORS.

    (a) Reimbursement of Mental Health Counselors Under TRICARE.--
            (1)  Reimbursement under tricare.--Section 1079(a)(8) of 
        title 10, United States Code, is amended--
                    (A) by inserting ``or licensed or certified mental 
                health counselors'' after ``certified marriage and 
                family therapists'' both places it appears; and
                    (B) by inserting ``or licensed or certified mental 
                health counselors'' after ``that the therapists''.
            (2) Authority to assess medical or psychological necessity 
        of service or supply.--Section 1079(a)(13) of such title is 
        amended by inserting ``, licensed or certified mental health 
        counselor,'' after ``certified marriage and family therapist''.
    (b) Services of Mental Health Counselors.--
            (1) Authority to enter into personal services contracts.--
        Section 704(c)(2) of the National Defense Authorization Act for 
        Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2799; 10 U.S.C. 
        1091 note) is amended by inserting ``mental health 
        counselors,'' after ``psychologists,''.
            (2) Applicability of licensure requirement for health-care 
        professionals.--Section 1094(e)(2) of title 10, United States 
        Code, is amended by inserting ``mental health counselor,'' 
        after ``psychologist,''.
    (c) Reports.--
            (1) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        Congress a report on the implementation of the amendments made 
        by this section.
            (2) Updated report.--Not later than one year after the date 
        of the enactment of this Act, the Secretary shall submit to 
        Congress an update to the report submitted under paragraph (1).
                                 <all>
```
|                                                                                           
|-------------------------------------------------------------------------------------------
|                                                                                           
|View History: Annual Download Data (XLS File)                                             
|View History: Annual                                                                       
|View History: Annual                                                                       
|View History:                                                                              
|                                                                                           
|Texas - RRC District 8 Crude Oil + Lease Condensate Reserves Divestitures (Million Barrels)
|                                                                                           
|                                                                                           
|Texas - RRC District 8 Crude Oil + Lease Condensate Reserves Divestitures (Million Barrels)
|                                                                                           

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2000's                                                                                                                            |        |        |        |        |        |        |        |        |        | 63    
|2010's                                                                                                                            | 116    | 125    | 78     | 321    | 232    | 99     | 256    | 347    | 422    | 419   
|2020's                                                                                                                            | 236    | 566    |        |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 12/30/2022                                                                                                         
|Next Release Date: 12/29/2023
CERTIFICATION OF CFO PURSUANT TO SECTION 906 Exhibit
32.2 Certification of
Periodic Report  Pursuant
to §906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. §1350, the undersigned
officer of Worldwide Energy and Manufacturing USA, Inc. (the Company), hereby
certifies that, to the undersigneds knowledge: (1)
the Companys Quarterly
Report on Form 10-Q/A for the quarter ended March 31, 2009 (the Report)
fully complies with the requirements of Section 13(a) or 15(d), as
applicable, 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.  Dated:
August 18, 2009/s/ John BallardName: John
BallardTitle: Chief Financial
Officer
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 10

- 00442

- CR

ALDO SERVIN JR. APPELLANT

V.

THE STATE OF TEXAS STATE

------------

FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY

------------



### MEMORANDUM OPINION 1

------------

Appellant Aldo Servin, Jr. timely filed a motion for new trial and a notice of

appeal from the trial court’s September 15, 2010 judgment adjudicating guilt.

The trial court subsequently timely granted Servin ’s motion for new trial. See

Tex. R. App. P. 21.8(a). The granting of a motion for new trial restores the case

to its original position in the trial court. See Tex. R. App. P. 21.9 . Therefore, the

1 See Tex. R. App. P. 47.4.2

appe al has become moot, and on our own motion, we dismiss the appeal as

moot. Tex. R. App. P. 43.2(f).

PER CURIAM

PANEL: MCCOY

, MEIER

, and GABRIEL

, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: December 23, 2010
EXHIBIT 31.1

CERTIFICATION PURSUANT TO 18 U.S.C. ss. 1350,

AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Stanley Major, certify that:



1. I have reviewed this annual report on Form 10 KSB of Major Creations Incorporated;



2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;



3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;



4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and I have:



a)

designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;



b)

evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the "Evaluation Date"); and



c)

presented in this report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;



5. I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent function):



a)

all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and



b)

any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and



6. I have indicated in this report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.





Date:  January 27, 2006





By: /s/ Stanley Major

--------------------

Stanley Major

President and CEO