alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Claude Footman Bey, Appellant.

(Appeal No. 1.)

Judgment unanimously affirmed. Memorandum: We agree with the determination of the court following the reconstruction hearing *(see, People v Bey,*144 AD2d 972, 974) that the People sustained their burden of demonstrating defendant’s competency at the time of trial *(see, People v Wright,*124 AD2d 1015, *lv denied*69 NY2d 751). The People produced the two psychiatrists whom the court had appointed to examine defendant prior to trial pursuant to CPL article 730. Citing the factors upon which they based their findings *(compare, People v Weech,*116 AD2d 975, 976-977), both experts testified about their examination of defendant and their conclusion that defendant understood the charges against him and the nature of the court proceedings, that he was able to assist in his own *869defense, and that he appeared to be feigning the symptoms of insanity or incompetence. The People also presented the testimony of the Assistant District Attorney who had prosecuted defendant. He testified that he recalled nothing unusual about defendant’s behavior, appearance or attire during trial, and that defendant did not interrupt the proceedings or act in any unusual manner until the time of his second felony offender hearing. The prosecutor attributed defendant’s outbursts at that stage to his anger and frustration at the prospect of being sentenced. Since the record bears out the prosecutor’s assessment, we conclude that his testimony, in combination with the expert opinion evidence, suffices to establish defendant’s competency at the time of trial.

Addressing defendant’s remaining contentions on his consolidated appeals, we conclude that the separate photo array procedures involving the victim and a witness were not tainted by the fact that they had cooperated in creating a composite sketch of defendant; that the court’s charge was in all respects proper; and that defendant’s sentence is not unduly severe. (Resubmission of appeal from judgment of Monroe County Court, Celli, J.—rape, first degree.) Present— Denman, J. P., Green, Balio, Lawton and Davis, JJ.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5596 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5596

 To extend the temporary suspension of duty on Perfluorobutanesulfonyl 
                               fluoride.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2012

 Mr. Ellison introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To extend the temporary suspension of duty on Perfluorobutanesulfonyl 
                               fluoride.

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

SECTION 1. PERFLUOROBUTANESULFONYL FLUORIDE.

    (a) In General.--Heading 9902.40.92 of the Harmonized Tariff 
Schedule of the United States (relating to Perfluorobutanesulfonyl 
fluoride) is amended by striking the date in the effective period 
column and inserting ``12/31/2015''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of enactment of 
this Act.
                                 <all>
```
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

The Estate of Raffaele Martini Pandozy, 

Deceased

No. 06-20-00104-CV

Appeal from the Probate Court of Dallas

County, Texas (Tr. Ct. No. PR-18-03717-

1). Opinion delivered by Justice Stevens, 

Chief Justice Morriss and Justice Burgess

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 trial court’s vexatious litigant order.

We note that the appellant has adequately indicated her inability to pay costs of appeal. 

Therefore, we waive payment of costs.

RENDERED SEPTEMBER 3, 2021

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
JOHN TIMOTHY PEREZ, Petitioner - Appellant,
v. GREG LEWIS, Warden, Respondent - Appellee. No. 09-56441D.C. No. 2:07-cv-03597-SVWMAN
MEMORANDUM *

Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding Argued and Submitted January 10, 2013 Pasadena, California Before: O’SCANNLAIN and W. FLETCHER, Circuit Judges, and HELLERSTEIN, Senior District Judge. ** Petitioner John Timothy Perez appeals the district court’s denial of his petition for habeas corpus, brought pursuant to 28 U.S.C. § 2254. Perez raises two 

# FILED
OCT 25 2013 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Alvin K. Hellerstein, Senior District Judge for the U.S. District Court for the Southern District of New York, sitting by designation.arguments that his petition should not have been dismissed as untimely and we address each in turn. Perez is not entitled to an equita ble exception to AEDPA’s statute of limitations, 28 U.S.C. § 2244(d)(1)(D), on the basis of “actual innocence,” McQuiggin v. Perkins , 133 S. Ct. 1924, 1928 (2013); see also Lee v. Lampert , 653 F.3d 929, 932 (9th Cir. 2011). He has not “demonstrate[d] that it is more likely than not that no reasonable juror would have found him guilty beyond a reasonable doubt.” Lee , 653 F.3d at 937. We will assume, arguendo , that Perez is entitled to delayed accrual of his claim and that he exercised diligence. He concedes, however, that he is not entitled to statutory tolling while his petition was pending in the California Supreme Court, because that court dismisse d his petition as untimely. See Pace v. DiGuglielmo , 544 U.S. 408, 410 (2005). Perez is, therefore, not entitled to equitable tolling sufficient to make his habeas petition timely. See Lakey v. Hickman , 633 F.3d 782, 787 (9th Cir. 2011). AFFIRMED
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

WSOU INVESTMENTS, LLC d/b/a

BRAZOS LICENSING AND

DEVELOPMENT,

Plaintiff,

v.

MICROSOFT CORPORATION, 

Defendant.

Civil Action No. 6:20-cv-454-ADA

[PROPOSED] ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF 

TIME TO RESPOND TO PLAINTIFF’S FIRST AMENDED COMPLAINT

The Court, having considered the Unopposed Motion of Defendant Microsoft 

Corporation for Extension of Time to Respond to Plaintiff’s First Amended Complaint (Dkt. No. 

76), hereby ORDERS that the motion is GRANTED.

Defendant’s deadline to respond to Plaintiff’s Amended Complaint is extended up to and 

including April 21, 2021.

SIGNED this _________ day of _________________ 2021.

___________________________________

HONORABLE ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

Case 6:20-cv-00454-ADA Document 76-1 Filed 04/19/21 Page 1 of 1
#### MARY BUCKMAN v. ST. PAUL CITY RAILWAY COMPANY.1

October 27, 1911.

Nos. 17,230—(63).

Negligence — questions for jury.

In this, a personal injury action, *held,*that the questions of negligence and contributory negligence were for the jury, and that the verdict is sus-tained by the evidence.

Damages.

The damages are not excessive.

Action in the district court for Ramsey county to recover $3,000 for personal injuries. The reply was a general denial. The case was tried before Kelly, J., and a jury which returned a verdict in favor of plaintiff for $450. Prom an order denying defendant’s motion for judgment notwithstanding the verdict and denying a new trial, on condition that plaintiff consented to a reduction of the verdict to $300, it appealed.

Affirmed.

17. *D. Dwyer*and *E. E. Watson,*for appellant.

*James*Mattimore, for respondent.

1

Reported in 132 N. W. 992.

Bunn, J.

Plaintiff was a passenger on one of defendant’s street cars. As the car was passing over an acute curve, plaintiff, who was rising from her seat preparatory to alighting when the car stopped, was thrown and injured. This action was-brought to recover for the injuries so received. The negligence claimed is in running the car at an excessive rate of speed around an acute curve, and an unusual lurch or jolt of the car that caused the accident. Defendant denied its negligence, and alleged contributory negligence. The trial court denied defendant’s motion to direct a verdict, and submitted the questions to the jury, which returned a verdict for plaintiff, *489assessing the damages at $450. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied, plaintiff accepting a reduction of the verdict to $300. Defendant appealed) from the order.

1. The evidence was sufficient to justify a finding that defendant was negligent in running its car around an acute curve at such a rate of speed. It is not a case of the ordinary jerks or jolts incident to street car travel, but a case where the sharp curve demanded the exercise of particular care for the safety of passengers. From the-evidence it was for the jury to say whether the care required was, exercised.

2. We think that the question of contributory negligence was for-the jury, and that the evidence sustains the verdict on this point.

3. The damages, as reduced by the trial court, are not excessive-

Order affirmed.
Exhibit
      32.2





CERTIFICATION
      PURSUANT TO


18
      U.S.C.
      SECTION 1350,


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





In
      connection with the Annual Report of Open Energy Corporation (the "Company")
      on
      Form 10-KSB/A for the period ending May 31, 2006 as filed with the Securities
      and Exchange Commission on the date hereof (the "Report"), I, Cheryl Bostater,
      Chief 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 at the dates
      and for the periods indicated.








/s/
      Cheryl Bostater


Cheryl
      Bostater


Chief
      Financial Officer








October
      5, 2006
Exhibit 8.1

Name of Subsidiary


Jurisdiction of IncorporationMining Investments Jersey Limited


Jersey, Channel IslandsRandgold Resources (UK) Limited


United KingdomMorila Limited


Jersey, Channel IslandsSociété des Mines de Morila SA


Republic of MaliRandgold Resources (Côte d’Ivoire) Limited


Jersey, Channel IslandsRandgold Resources (Côte d’Ivoire) SARL


Côte d’IvoireRandgold Resources (Mali) Limited


Jersey, Channel IslandsRandgold Resources Mali SARL


Republic of MaliRandgold Resources (Senegal) Limited


Jersey, Channel IslandsRandgold Resources (Somilo) Limited


Jersey, Channel IslandsSociété des Mines de Loulo SA


Republic of MaliRandgold Resources Tanzania (T) Limited


TanzaniaSeven Bridges Trading 14 (Proprietary) Limited


Republic of South AfricaRandgold Resources (Burkina) Limited


Jersey, Channel IslandsRandgold Resources Burkina Faso SARL


Burkina FasoRandgold Resources T1 Limited


Jersey, Channel IslandsRandgold Resources T2 Limited


Jersey, Channel IslandsRandgold Resources T3 Limited


Jersey, Channel Islands


---
Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on October 14, 1999, in response to a worker petition which was filed by a company official on behalf of its workers at Whistler Corporation of Massachusetts, Whistler Auto-Mation Products, Novi Electrics Facility, located in Novi, Michigan.

The petitioner has requested that the petition be withdrawn. Consequently further investigation in this case would serve no purpose, and the investigation has been terminated.

Signed in Washington, DC this 24th day of January, 2000.

Grant D. Beale,

Program Manager, Office of Trade Adjustment Assistance.

[FR Doc. 00-2494 Filed 2-3-00; 8:45 am]

BILLING CODE 4510-30-M
Exhibit 99.2

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

           I, Gary C. Wetzel, as Chief Financial Officer of Von Hoffmann
Holdings Inc. and Von Hoffmann Corporation (collectively, the "Company")
certify, pursuant to 18 U.S.C.ss. 1350, as adopted by Section 906 of the
Sarbanes-Oxley Act of 2002, that to my knowledge:

           (1) the accompanying Form 10-K report for the period ending December
31, 2002 as filed with the U.S. 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, 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.


Dated: March 28, 2003

                                    /s/ Gary C. Wetzel
                                    ----------------------------------------
                                    Gary C. Wetzel,
                                    Chief Financial Officer of the Company



A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906 HAS BEEN
PROVIDED TO THE COMPANY AND WILL BE RETAINED BY THE COMPANY AND FURNISHED TO THE
SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
I 

112TH CONGRESS 

2D SESSION H. R. 5487 

To extend the temporary suspension of duty on low expansion stoppers, 

lids, and other closures, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2012 

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

on Ways and Means 

A BILL 

To extend the temporary suspension of duty on low expansion 

stoppers, lids, and other closures, 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. LOW EXPANSION STOPPERS, LIDS, AND OTHER 

4 CLOSURES. 

5 (a) IN GENERAL.—Heading 9902.12.40 of the Har6 monized Tariff Schedule of the United States is amend7 ed— 

8 (1) in the article description column, by striking 

‘‘10¥7’’ and inserting ‘‘10¥6 9 ’’; and 


srobinson on DSK4SPTVN1PROD with BILLS
2 

HR 5487 IH

1 (2) in effective period column, by striking ‘‘12/ 

2 31/2009’’ and inserting ‘‘12/31/2015’’. 

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

4 this section apply to goods entered, or withdrawn from 

5 warehouse for consumption, on or after the 15th day after 

6 the date of the 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 the Quarterly
Report of Storage Technology Corporation (the Company) on Form 10-Q for the period ending
June 25, 2004, as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Robert S. Kocol, Chief 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:

(1)       
          The Report fully complies with the requirements of Section 13(a) or 15(d) of the
          Securities Exchange Act of 1934; and

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

/s/ ROBERT S. KOCOL 
Robert S. Kocol Chief Financial Officer August 2, 2004
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________ No. 95-10397 Conference Calendar

__________________
DEBRA LYNN LEBOURNEY PATMORE, Plaintiff-Appellant,

versus BEN WHITEMAN, JR., Sheriff; DAVIS, Sergeant, Jail Administrator; ALICE YOUNGBLOOD, Sergeant, Parker County, TX Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas, Fort Worth

USDC No. 4:94CV00531

- - - - - - - - - - (October 18, 1995) Before POLITZ, Chief Judge, and REAVLEY and SMITH, Circuit Judges.
PER CURIAM: * Debra Lynn Lebourney Patmore, a former inmate of the Parker County Jail, filed a pro se and in forma pauperis (IFP) civil rights complaint alleging the denial of medical care. The district court dismissed the complaint without prejudice pursuant to 28 U.S.C. § 1915(d).No. 95-10397 -2- Patmore filed in the district court a motion requesting leave to appeal out-of-time. She also filed a notice of appeal in this court. This court remanded the case to the district court for a determination whether Patmore had deposited her notice of appeal in the prison system on or before the last day for filing. This court also directed the district court to makea final ruling on Patmore's motion for leave to appeal out-oftime. The district court's subsequent determination that Patmore's notice of appeal was not timely filed, and its denial of Patmore's motion for leave to appeal out-of-time, are the subject of the instant appeal. However, Patmore neither argues nor refers to the issues before this court in her appellate brief. Rather, Patmore re-argues the merits of her civil rights complaint, impliedly suggesting that the district court erred by dismissing the complaint. Patmore's appeal of the district court's dismissal of her complaint was dismissed for failure to file a brief. Although we liberally construe briefs of pro se litigants and apply less stringent standards to parties proceeding pro se than to parties represented by counsel, pro se parties must brief the issues and reasonably comply with Fed. R. App. P. 28(a). Grant v. Cuellar , 59 F.3d 523, 524 (5th Cir. 1995). Issues not briefed are deemed abandoned. Evans v. City of Marlin, Tex. , 986 F.2d 104, 106 n.1 (5th Cir. 1993). Because Patmore does not brief the only issues before the court, they are deemed abandonedNo. 95-10397 -3- and we will not address them. See id. The appeal is DISMISSED.
See Grant , 59 F.3d at 525; 5th Cir. R. 42.3.2.
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-19-00454-CV

DAVIS LAW FIRM,

Appellant

v.

Sara UDELL and APOLLO MANAGING GENERAL AGENCY,

Appellees

From the County Court at Law No. 3, Bexar County, Texas

Trial Court No. 2017CV06581

Honorable David J. Rodriguez, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice

Beth Watkins, Justice

Liza A. Rodriguez, Justice

Delivered and Filed: September 25, 2019

MOTION TO DISMISS GRANTED; APPEAL DISMISSED

Appellant filed a motion to dismiss this appeal. We grant the motion. See TEX. R. APP. P.

42.1(a)(1). We order all costs assessed against appellant. See id. R. 42.1(d) (absent agreement of 

parties, costs are taxed against appellant).

PER CURIAM
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5583 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5583

   To suspend temporarily the duty on 2-Aminotoluene-5-sulfonic acid.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2012

   Mr. Clay introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on 2-Aminotoluene-5-sulfonic acid.

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

SECTION 1. 2-AMINOTOLUENE-5-SULFONIC ACID.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00      2-Aminotoluene-5-   Free         No change        No change        On or before 12/  ''.
                        sulfonic acid                                                      31/2015.......
                        (CAS No. 98-33-9)
                        (provided for in
                        subheading
                        2921.43.90)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
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