alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

The Honorable James M. Moody, United States District Judge for the Eastern

District of Arkansas.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 06-3557

___________

Dontay Lay, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Arkansas.

H.N. Green, Sheriff, St. Francis County, *

* [UNPUBLISHED]

Appellee. *

___________

Submitted: June 15, 2007

Filed: July 6, 2007

___________

Before RILEY, MAGILL, and MELLOY, Circuit Judges.

___________

PER CURIAM.

Arkansas inmate Dontay Lay (Lay) appeals the district court’s1

 dismissal

without prejudice of his 42 U.S.C. § 1983 complaint for failure to comply with Rule

5.5(c)(2) of the Local Rules of the Eastern District of Arkansas, which allows

dismissal if a communication from the court is not responded to within thirty days.

The district court dismissed the action after Lay failed to respond to the district court’s

order to amend his complaint within thirty days. Upon careful review, we conclude

that the dismissal was not an abuse of discretion. See Nw. Bank & Trust Co. v. First
-2-

Ill. Nat’l Bank, 354 F.3d 721, 725 (8th Cir. 2003) (standard of review); Settlemire v.

Watson, 877 F.2d 13, 14 (8th Cir. 1989) (per curiam) (affirming district court’s

dismissal without prejudice of pro se complaint pursuant to local rule allowing

dismissal where litigant fails to respond to communication of court within thirty days).

Although Lay contends he did not receive the district court’s order directing

him to amend his complaint, Lay did not raise this matter before the district court and

we will not consider the argument for the first time on appeal. See Poolman v. City

of Grafton, __ F.3d __, No. 06-3220, 2007 WL 1597912, at *3 (8th Cir. June 5, 2007).

Accordingly, we affirm. 

______________________________
<PAGE>
                                                                    EXHIBIT 99.4


                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 Berthel Growth & Income Trust I (the
"Company") on Form 10-Q for the period ending September 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Thomas J. Berthel, Chief Executive Officer of Berthel Fisher & Company Planning,
Inc., the Trust Advisor 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 Company's 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.


November 11, 2002                     /s/ Thomas J. Berthel
                                      President and Chief Executive Officer
                                      Berthel Fisher & Company Planning, Inc.
                                      Trust Advisor
                                      Berthel Growth & Income Trust I

                                       19
I 

113TH CONGRESS 

1ST SESSION H. R. 353 

To require the Secretary of the Treasury to implement a program to prevent 

the fraudulent use of taxpayer identification numbers of residents of 

United States territories and possessions to be used to obtain a credit 

or refund on tax returns filed with the United States. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 23, 2013 

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

on Ways and Means 

A BILL 

To require the Secretary of the Treasury to implement a 

program to prevent the fraudulent use of taxpayer identification numbers of residents of United States territories 

and possessions to be used to obtain a credit or refund 

on tax returns filed with the United States. 

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

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•HR 353 IH

1 SECTION 1. PROGRAM TO PREVENT FRAUDULENT USE OF 

2 TAXPAYER IDENTIFICATION NUMBERS OF 

3 RESIDENTS OF TERRITORIES AND POSSES4 SIONS. 

5 The Secretary of the Treasury shall, in coordination 

6 with the territories and possessions of the United States, 

7 implement a program to prevent the fraudulent use of tax8 payer identification numbers of residents of such terri9 tories and possessions to obtain a refund or credit against 

10 any tax imposed by the Internal Revenue Code of 1986. 

11 Such program shall include a comparison of all income 

12 tax returns filed with the United States and any territory 

13 or possession of the United States, under the same tax14 payer identification number. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS
#### GROSS v. JOHNSON et al.

Court of Appeals of Kentucky.

March 27, 1953.

Cleon K. Calvert, Pineville, for appellant.

J. C. Baker, Harlan, 'for appellee.

PER CURIAM.

Motion for an appeal from the Harlan Circuit Court denying recovery in,an action for $304.47 for whiskey sold by movant, a wholesale dealer, to opposed, a retail dealer.

The Court is of the opinion that the sale made by movant was a sale on credit, which is prohibited by -KRS 244.040(1), and the statute by its express provision denie's recovery to the seller.

Appeal denied. Judgment affirmed.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Form 10-Q
for the quarter ended June 30, 1998 and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>               DEC-31-1998
<PERIOD-END>                    JUN-30-1998
<CASH>                             29,559,336 
<SECURITIES>                                0 
<RECEIVABLES>                      16,115,483 
<ALLOWANCES>                        3,054,374 
<INVENTORY>                                 0 
<CURRENT-ASSETS>                   43,376,267 
<PP&E>                              4,955,271 
<DEPRECIATION>                      2,313,716 
<TOTAL-ASSETS>                    195,399,190 
<CURRENT-LIABILITIES>              64,146,047 
<BONDS>                            36,353,554 
<PREFERRED-MANDATORY>                       0 
<PREFERRED>                                 0 
<COMMON>                            1,000,000 
<OTHER-SE>                         93,899,589 
<TOTAL-LIABILITY-AND-EQUITY>      195,399,190 
<SALES>                                     0 
<TOTAL-REVENUES>                  175,115,884 
<CGS>                                       0 
<TOTAL-COSTS>                     135,317,726 
<OTHER-EXPENSES>                   32,023,719 
<LOSS-PROVISION>                            0 
<INTEREST-EXPENSE>                  1,346,628 
<INCOME-PRETAX>                     6,427,811 
<INCOME-TAX>                        3,859,240 
<INCOME-CONTINUING>                 2,568,571 
<DISCONTINUED>                              0 
<EXTRAORDINARY>                             0 
<CHANGES>                                   0 
<NET-INCOME>                        2,568,571 
<EPS-PRIMARY>                           0.03  
<EPS-DILUTED>                           0.03  
                                 
                             


</TABLE>
**NUMBER 13-14-00065-CV**

**COURT OF APPEALS**

**THIRTEENTH DISTRICT OF TEXAS**

**CORPUS CHRISTI - EDINBURG**

**IN RE WALKER & TWENHAFEL, LLP**

**On Petition for Writ of Mandamus**

**and Motion for Emergency Stay.**

**ORDER**

**Before Chief Justice Valdez and Justices Benavides and Longoria**

**Per Curiam Order**

Relator, Walker & Twenhafel, LLP, filed a petition for writ of mandamus and motion for emergency stay in the above cause on February 3, 2014.  That same day, the real party in interest, Roman Geronimo Martinez, filed a response to the motion for emergency stay.  

The Court, having examined and fully considered the motion for emergency stay and the response thereto, is of the opinion that the motion should be CARRIED WITH THE CASE pending further order of this Court.  *See* TEX. R. APP. P. 52.10(b) (“Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided.”).  By his response to the motion for emergency stay, Martinez asserted that he would file his response to the petition for writ of mandamus with the Court on or before Friday, February 7, 2014.  The Court requests that Martinez file his response on or before the expiration of the business day on February 7, 2014.  *See id.* R. 52.4, 52.8.  

IT IS SO ORDERED.		

								PER CURIAM

Delivered and filed the

4th day of February, 2014.

2

# image1.wmf
<TABLE> <S> <C>

<ARTICLE>        5 
<LEGEND> 
This  schedule  contains  summary  financial   information  extracted  from  the
consolidated   balance   sheet,   consolidated   statement  of  operations   and
consolidated statement of cash flows included in the Company's Form 10-Q for the
period ended  September 27, 1996,  and is qualified in its entirety by reference
to such financial statements.
</LEGEND> 
<MULTIPLIER>            1,000
       
<S>                     <C>
<PERIOD-TYPE>           3-MOS
<FISCAL-YEAR-END>            JUN-27-1997
<PERIOD-START>               JUN-29-1996
<PERIOD-END>                 SEP-27-1996
<CASH>                            23,838
<SECURITIES>                      48,373
<RECEIVABLES>                     16,397
<ALLOWANCES>                           0
<INVENTORY>                        4,316
<CURRENT-ASSETS>                  96,215
<PP&E>                             4,888
<DEPRECIATION>                     2,055
<TOTAL-ASSETS>                    99,175
<CURRENT-LIABILITIES>             14,974
<BONDS>                               70
<PREFERRED-MANDATORY>                  0
<PREFERRED>                            0
<COMMON>                             245
<OTHER-SE>                        83,886
<TOTAL-LIABILITY-AND-EQUITY>      99,175
<SALES>                           24,294
<TOTAL-REVENUES>                  24,294
<CGS>                              8,531
<TOTAL-COSTS>                     15,506
<OTHER-EXPENSES>                       0
<LOSS-PROVISION>                       0
<INTEREST-EXPENSE>                     0
<INCOME-PRETAX>                    9,382
<INCOME-TAX>                       3,659
<INCOME-CONTINUING>                5,723
<DISCONTINUED>                         0
<EXTRAORDINARY>                        0
<CHANGES>                              0
<NET-INCOME>                       5,723
<EPS-PRIMARY>                       0.23
<EPS-DILUTED>                       0.22
        



</TABLE>
```

[Federal Register Volume 65, Number 214 (Friday, November 3, 2000)]
[Notices]
[Page 66280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28249]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Agreements Filed; Weekly Receipts: Aviation Proceedings, 
Agreements Filed During the Week Ending September 15, 2000

    The following Agreements were filed with the Department of 
Transportation under the provisions of 49 U.S.C. 412 and 414. Answers 
may be filed within 21 days after the filing of the application.
    Docket Number: OST-2000-7914.
    Date Filed: September 11, 2000.
    Parties: Members of the International Air Transport Association.
    Subject: PTC COMP 0682 dated 12 September 2000, Mail Vote 084--
Resolution 010e, TC3/TC31 Special Passenger Amending Resolution from 
Japan to USA/US Territories, Intended effective date: 15 September 
2000.

    Docket Number: OST-2000-7915.
    Date Filed: September 11, 2000.
    Parties: Members of the International Air Transport Association.
    Subject: PTC2 EUR-AFR 0119 dated 12 September 2000, Mail Vote 085--
Resolution 010f, TC2 Europe-Africa Special Passenger Amending 
Resolution Fares between Durban and points in Europe, Intended 
effective date: 1 October 2000.

    Docket Number: OST-2000-7939.
    Date Filed: September 15, 2000.
    Parties: Members of the International Air Transport Association.
    Subject: PTC2 EUR 0333 dated 12 September 2000, Within Europe 
Expedited Resolutions r1-r13, Minutes--PTC2 EUR 0332 dated 12 September 
2000, Tables--None Intended effective date: 1 October 2000.

Dorothy Y. Beard,
Federal Register Liaison.
[FR Doc. 00-28249 Filed 11-2-00; 8:45 am]
BILLING CODE 4910-62-P
```
EXHIBIT 32.1

                   CERTIFICATION PURSUANT TO RULE 13a-14(b) OR
                     RULE 15d-14(b) and 18 U.S.C. Sec.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of HyperDynamics Corporation (the
"Company") on Form 10-QSB for the period ended September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Kent P. Watts, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Sec.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.

Date: November 18, 2003                         By:  /s/ Kent P. Watts
                                                     -----------------
                                                     Kent P. Watts
                                                     Chief Executive Officer


                                       14
<PAGE>
EO 12866/13563 review -- Protection of Stratospheric Ozone: The 2012

Critical Use Exemption From the Phaseout of Methyl Bromide

Frey, Nathan J. to: Jeremy Arling, Drusilla Hufford 09/09/2011 10:48 AM

Cc: Nicole Owens

History: This message has been forwarded.

Attached are additional interagency comments on the 2012 MeBr CUE proposed rule. Please let me

know if you have any questions.

EO12866MethylBromideCUE2060-AQ83NPRM20110818v3_Summary of Interagency Comments(2).docx
SEPTEMBER TERM, 1723.

#### Daniel of St. Thomas Jenifer’s Lessee *against*James Baker.

EJECTMENT for a tract of land lying in *Saint Mary's*County, containing 100 acres. By the special verdict ■ found by the Jury, it appeared that the land in question was taken up and surveyed for *Edward Parker*and *William*Naujfm, on the 23d of October, 1640. That *Thomas Jones*and *Henry*Mathews, by deed duly executed and, bearing date the 20th of July, 1670, conveyed the land to *Daniel*Jenifer, father of the lessor of the plaintiff, who was his heir at law. That at the instance of *Daniel Jeni*fer, a warrant to resurvey the land dated the 14th of JVbvember, 1671, issued, and a certificate thereon was returned the 15th of December, 1671. It was not found that *Parker*or Naujfin, or either of them, ever had made over their right to the land to *Jones*and Matthews, or to any other person whatsoever, or that *Jones*or *Matthews*had any right to the land. That *John Miller*had had the quiet and peaceable possession of the land for the space of thirty years, and that after the expiration of that space of time, the said *Miller*surrendered the possession of the land to one *William*Hebb, who continued in possession for the space of four years, and supposing the lessor of the plaintiff had a right to the land, he proposed to purchase it from him, and agreed on the price, and paid 40 shillings *58current money towards the same. That afterwards *William Hebb*receded from the agreement, and purchased the land (as escheat) from the Lord Proprietary’s agent.' It was not found that *John Miller*had ever any right to the said land, or entered by title.

The Provincial Court gave judgment upon the special Verdict, for the defendant.

Lib. P. L. No. 7. fol. 365.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3626 Enrolled Bill (ENR)]

        H.R.3626

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
           the third day of January, two thousand and thirteen

                                 An Act

 
      To extend the Undetectable Firearms Act of 1988 for 10 years.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. EXTENSION OF UNDETECTABLE FIREARMS ACT OF 1988 FOR 10 YEARS.
    Section 2(f)(2) of the Undetectable Firearms Act of 1988 (18 U.S.C. 
922 note) is amended by striking ``25'' and inserting ``35''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
<PAGE>

                                                                   EXHIBIT 12.7

                                    IVERS LEE
                         FIXED CHARGE RATIO COMPUTATION
                                (GUARANTORS ONLY)

<TABLE>
<CAPTION>
                                                                    FOR THE PERIOD
                                                                  AUGUST 25, 2000 TO
                                                                   DECEMBER 31, 2000
                                                              --------------------------
                                                                (DOLLARS IN THOUSANDS)
<S>                                                             <C>
Income (loss) before taxes ..............................           $    (93)
Fixed charges reflected in income (loss) before taxes
   Interest expense .....................................                 67
   One third of rental expenses .........................                 40
                                                                    --------
Total fixed charges .....................................                107
                                                                    --------


Income (loss) before taxes plus fixed charges above .....           $     14
                                                                    ========
Fixed charge ratio ......................................              0.13x
  Deficiency.............................................           $     93
</TABLE>
<PAGE>

                                                                   EXHIBIT 12.6

                      PRECISION PACKAGING AND SERVICING INC.
                         FIXED CHARGE RATIO COMPUTATION
                                (GUARANTORS ONLY)

<TABLE>
<CAPTION>
                                                                  FOR THE PERIOD
                                                               FEBRUARY 29, 2000 TO
                                                                 DECEMBER 31, 2000
                                                              ------------------------
                                                               (DOLLARS IN THOUSANDS)
<S>                                                            <C>
Income before taxes .....................................           $    770
Fixed charges reflected in income (loss) before taxes
   Interest expense .....................................              2,497
   One third of rental expenses .........................                 32
                                                                    --------
Total fixed charges .....................................           $  2,529
                                                                    --------

Income (loss) before taxes plus fixed charges above .....           $  3,299
                                                                    ========
Fixed charge ratio ......................................              1.30x
</TABLE>
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

CESAR PEREZ-HERNANDEZ,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 07-70432

Agency No. A077-323-561

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted July 19, 2010** 

Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges

Cesar Perez-Hernandez, a native and citizen of Mexico, petitions for review

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

immigration judge’s decision denying his application for cancellation of removal.

We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law,

FILED

AUG 02 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 07-70432

Avila-Sanchez v. Mukasey, 509 F.3d 1037, 1039-40 (9th Cir. 2007), and we grant

the petition for review and remand for further proceedings. 

The agency concluded that Perez-Hernandez was ineligible for cancellation

of removal because his conviction under Cal. Penal Code § 273a(b) was

categorically a “crime of child abuse” within the meaning of 8 U.S.C.

§ 1227(a)(2)(E)(i). We subsequently held that a conviction under section 273a(b)

is not categorically a crime of child abuse. Fregozo v. Holder, 576 F.3d 1030,

1034 (9th Cir. 2009). We therefore remand for application of the modified

categorical analysis in light of the definition of “child abuse” set forth in Matter of

Velazquez-Herrera, 24 I. & N. Dec. 503 (BIA 2008). See id. at 1040. 

PETITION FOR REVIEW GRANTED; REMANDED.
Exhibit
32.2




CERTIFICATIONS
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002


(18
U.S.C. SECTION 1350)





In
connection with the Quarterly Report of Hyperdynamics Corporation
(Hyperdynamics), on Form 10-Q for the quarter ended December 31, 2010, as filed
with the Securities and Exchange Commission (the "Report"), Jason Davis,
Principal Financial Officer and Principal Accounting Officer of Hyperdynamics,
does hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(18 U.S.C. 1350), that to his 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 result of operations of us.




Date:
February 14, 2011




By: /s/ Jason DavisJason
      DavisPrincipal
      Financial Officer and Principal Accounting
  Officer