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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-6180

RONALD P. TORRIES, JR.,

Petitioner - Appellant,

versus

E. RICHARD BAZZLE, Warden; HENRY D. MCMASTER,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Florence. Cameron McGowan Currie, District

Judge. (CA-04-791)

Submitted: June 30, 2005 Decided: July 27, 2005

Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Ronald P. Torries, Jr., Appellant Pro Se. Donald John Zelenka,

Chief Deputy Attorney General, John William McIntosh, Assistant

Attorney General, Samuel Creighton Waters, OFFICE OF THE ATTORNEY

GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Ronald P. Torries, Jr. seeks to appeal the district

court’s order accepting the report and recommendation of a

magistrate judge and denying his motion filed under 28 U.S.C.

§ 2254 (2000) in which he claimed he received ineffective

assistance of counsel. An appeal may not be taken from the final

order in a § 2254 proceeding unless a circuit justice or judge

issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)

(2000). A certificate of appealability will not issue absent “a

substantial showing of the denial of a constitutional right.” 28

U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that his

constitutional claims are debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003);

Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d

676, 683 (4th Cir. 2001). We have independently reviewed the

record and conclude that Torries has not made the requisite

showing. Accordingly, we deny a certificate of appealability and

dismiss the appeal. 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. 

DISMISSED
|    |                                                                                                                            |
|----|----------------------------------------------------------------------------------------------------------------------------|
| 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 Electronic Arts Inc. for the periods presented therein. |

|                           |
|---------------------------|
|                           |
| /s/ Blake Jorgensen       |
| Blake Jorgensen           |
| Executive Vice President, |
| Chief Financial Officer   |
| Electronic Arts Inc.      |
29 June 2011

Mr Paul Gretch

Director

Office of International Aviation

US Department of Transportation

1200 New Jersey Avenue SE

Washington DC 20590

Dear Paul,

CHARTER OPERATIONS BETWEEN THE UNITED KINGDOM AND THE UNITED

STATES OF AMERICA

This letter is to confirm that the UK Government, on the basis of reciprocity,

will approve requests from US

- designated airlines to perform fifth, sixth and

seventh freedom charter operations on the understanding that the US Government

will approve similar requests from UK

- designated airlines.

The UK Government also confirms that approval for similar charter operations by US

airlines to the UK's Overseas Territories will also be granted, where reciprocity

applies.

Yours sincerely,

Judith

Judith Ritchie

First Secretary (Transport Policy)

cc: Mary Street, DoT

James Gilderoy, DfT London Tel: (202) 588

- 6696

Fax: (202) 588

- 7901

E

- mail: Judith.Ritchie @ fco.gov.uk
<TABLE> <S> <C>

<ARTICLE> 5 <LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE ADVANCE
PARADIGM, INC. FORM 10-Q FOR THE QUARTERLY PERIOD ENDED DECEMBER 31, 1999
</LEGEND>
<MULTIPLIER> 1,000

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<CHANGES>                                            0
<NET-INCOME>                                    14,944
<EPS-BASIC>                                        .71
<EPS-DILUTED>                                      .61


</TABLE>
**EXHIBIT 32.1**

**CERTIFICATION OFCHIEF EXECUTIVE OFFICERPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

I,Donald L. Drakeman, certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatthe Annual Report of Medarex, Inc. on Form 10-K for the year ended December 31,2004 fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and that information contained in suchAnnual Report of Medarex, Inc. on Form 10-K fairly presents in allmaterial respects the financial condition and results of operations of Medarex, Inc.
| Date: March 16, 2005 | By:        | /s/    DONALD L. DRAKEMAN |
|---------------------------|------------|-----------------------------------------------|
| ** **                | **Name:**  |  **Donald L. Drakeman**                  |
| ** **                | **Title:** | ***President and Chief Executive Officer***   |

 

Signed originals of these written statements requiredby Section 906, or other documents authenticating, acknowledging orotherwise adopting the signatures that appear in typed form within theelectronic version of these written statements required by Section 906,have been provided to Medarex, Inc. and will be retained by Medarex, Inc.and furnished to the Securities and Exchange Commission or its staff uponrequest.

This Certification is being furnished pursuant to Rule 15(d) andshall not be deemed “filed” for purposes of Section 18 of the Exchange Act(15 U.S.C. 78r), or otherwise subject to the liability of that section. ThisCertification shall not be deemed to be incorporated by reference into anyfiling under the Securities Act or the Exchange Act, except to the extent thatthe Company specifically incorporates it by reference.

----
[No. 35633.

Department One.

March 9, 1961.]

#### Anna Cate Nott *et al., Respondents,*v. Byron Crabtree *et al., Appellants.**1*

*Ralph Purvis,*for appellants.

*Richard C. Reed*(of *Brethorst, Fowler, Bateman, Reed &*McClure), for respondents.

1

Reported in 360 P. (2d) 139.

Per Curiam.

This is a factual appeal. The plaintiffs’ beach home and its contents were destroyed by a slide. The trial court found the damages to be $15,863.76; the extent of damage is not an issue.

The trial court found, and there is evidence to sustain the finding, that the slide was “triggered” by the operation of a bulldozer owned and operated by Byron Crabtree above the slide area.

There were two very close questions, both of which the trial court expressly or inferentially decided against the defendants: First, whether a reasonably prudent and cautious bulldozer operator (as distinguished from engineers who were experts in determining the causes of slides) should have foreseen that his activities might “trigger” a slide; and, second, whether or not the slide would have occurred in a short time irrespective of any operation of *839the bulldozer. (One of the experts testified that it was “inevitable.”)

Both of these questions had to be answered by the trier of the facts, here the trial judge. That different men might reach different conclusions on both of these questions must be conceded, because that is the situation among the members of this department; but all are in accord on the proposition that there was substantial evidence to sustain the trial court’s finding of negligence (in which the element of foreseeability inheres) and its finding that the negligence of the bulldozer operator was a proximate cause of the injury to the plaintiffs’ property. Beyond that our inquiry on a factual issue will not go. *DeBlasio v. Kittitas*(1960), *ante*p. 208, 356 P. (2d) 606, and cases cited.

If we were of the opinion that the trial court should have resolved the factual dispute the other way, this court would not substitute its findings for those of the trial court. *Stringfellow v. Stringfellow*(1960), 56 Wn. (2d) 957, 350 P. (2d) 1003, and cases cited; *Thorndike v. Hesperian Orchards, Inc.*(1959), 54 Wn. (2d) 570, 343 P. (2d) 183, and cases cited.

The judgment is affirmed.
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<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               MAR-31-1999
<CASH>                                          17,435
<SECURITIES>                                         0
<RECEIVABLES>                                   31,914
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                53,707
<PP&E>                                         128,284
<DEPRECIATION>                                  38,699
<TOTAL-ASSETS>                                 227,100
<CURRENT-LIABILITIES>                           29,975
<BONDS>                                        153,897
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     37,096
<COMMON>                                             3
<OTHER-SE>                                       4,978
<TOTAL-LIABILITY-AND-EQUITY>                   227,100
<SALES>                                        115,486
<TOTAL-REVENUES>                               117,625
<CGS>                                                0
<TOTAL-COSTS>                                   93,287
<OTHER-EXPENSES>                                 7,647
<LOSS-PROVISION>                                 1,868
<INTEREST-EXPENSE>                              10,704
<INCOME-PRETAX>                                  4,517
<INCOME-TAX>                                       330
<INCOME-CONTINUING>                              4,187
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,187
<EPS-PRIMARY>                                     0.46
<EPS-DILUTED>                                     0.45
        

</TABLE>
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 19

- 40707 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
VICTOR MANUEL MEJIA

- HERNANDEZ, also known as Victor Hernandez , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:19

- CR

- 441

- 1

Before JONES, HIGGINSON, and WILLETT, Circuit Judges. PER CURIAM: *
The Federal Public Defender appointed to represent Victor Manuel Mejia

- Hernandez has moved for leave to withdraw and has filed a brief in
accordance with Anders v. California , 386 U.S. 738 (19 67), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Mejia

- Hernandez h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 30, 2020 Lyle W. Cayce Clerk Case: 19-40707 Document: 00515400309 Page: 1 Date Filed: 04/30/2020No. 19

- 40707

2 presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion fo r leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 19-40707 Document: 00515400309 Page: 2 Date Filed: 04/30/2020
Exhibit 32.2

The  following statement is being furnished to the Securities and
Exchange  Commission solely for purposes of Section  906  of  the
Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350).



Securities and Exchange Commission
450 Fifth Street, NW
Washington, DC 20549



Re: BayCorp Holdings, Ltd.



Ladies and Gentlemen:

In  connection  with  the report of BayCorp Holdings,  Ltd.  (the
"Company")  on Form 10-Q for the quarter ended June 30,  2005  as
filed  with  the Securities and Exchange Commission on  the  date
hereof (the "Report"), I, Patrycia T. Barnard, Vice President  of
Finance  and  Treasurer 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  result
     of operations of BayCorp Holdings, Ltd.



Date:  August 5, 2005      /s/ Patrycia T. Barnard
                         ---------------------------------------
                         Patrycia T. Barnard
                         Vice President of Finance and Treasurer
                         (chief accounting officer)




A  signed original of this written statement required by  Section
906,   or   other  document  authenticating,  acknowledging,   or
otherwise  adopting  the signature that  appears  in  typed  form
within  the electronic version of this written statement required
by  Section 906, has been provided to BayCorp Holdings, Ltd.  and
will  be retained by BayCorp Holdings, Ltd. and furnished to  the
Securities and Exchange Commission or its staff upon request.
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 Smith Barney Mid-West Futures Fund L.P. II (the ‘‘Partnership’’) on Form 10-Q for the period ending September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the ‘‘Report’’), I, Jennifer Magro, Chief Financial Officer and Director of Citigroup Managed Futures LLC, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 Partnership.

/s/ Jennifer Magro
Jennifer Magro
Citigroup Managed Futures LLC
Chief Financial Officer and Director

Date: November 14, 2007

---
Exhibit 10.5


 


Resolution
adopted by the Board of Directors of the Company on October 15, 2004


 


RESOLVED, that options to purchase shares of the Company’s common stock
held by Mr. Hansen on the date hereof will continue to become exercisable in
accordance with their respective terms for so long as he continues to serve as
Director Emeritus as if he remained a director of the Company during such time,
and that each option held by him shall be exercisable until the earlier of the
second anniversary of the date he ceases to serve as Director Emeritus and the
expiration date of the option, but only to the extent such options were
exercisable on his last date of service as Director Emeritus.
Exhibit 15.1








Awareness Letter of KPMG LLP, Independent Registered Public Accounting Firm








August 9, 2019








Electronic Arts Inc.


Redwood City, California:





|    |                                                                                                                                                                                                                                      
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|Re: | Post-Effective Amendment No. 1 to Registration Statement on Form S-8 Nos. 333-213044, 333-190355, 333-183077, 333-176181, 333-168680, 333-161229, 333-152757, 333-127156, 333-117990, 333-107710, 333-99525, 333-67430, and 333-39432




With respect to the subject post-effective amendments to registration statements, we acknowledge our awareness of the incorporation by reference therein of our report dated August 6, 2019 related to our review of unaudited condensed consolidated interim financial information of Electronic Arts Inc. and subsidiaries that is included in its Form 10-Q for the quarterly period ended June 29, 2019.





Pursuant to Rule 436 under the Securities Act of 1933 (the Act), such report is not considered part of a registration statement prepared or certified by an independent registered public accounting firm, or a report prepared or certified by an independent registered public accounting firm within the meaning of Sections 7 and 11 of the Act.








/s/ KPMG LLP





Santa Clara, California
NUMBER 13-13-00345-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

STATE OF TEXAS, Appellant,

v.

MICHAEL CLACK, Appellee.

On appeal from the 28th District Court 

of Nueces County, Texas.

ORDER

Before Justices Benavides, Perkes, and Longoria

Order Per Curiam

This cause is before the Court on appellee’s unopposed motion to lift stay. On 

July 16, 2013, the Court granted the State’s motion for stay and ordered the trial court’s 

proceedings stayed pending disposition of the State’s appeal. See TEX. CODE CRIM.

PROC. ANN. § 44.01(a)(5), (e) (Vernon Supp. 2007). 
2

The Court, having examined and fully considered the motion to lift stay, is of the 

opinion that said motion should be granted. The motion to lift stay is GRANTED for the 

limited purposes of requesting a bond pending appeal in this matter. The trial court's 

proceedings regarding all other matters remain STAYED pending disposition of the 

State’s appeal. 

PER CURIAM

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed the

28th day of October, 2013.
##### 



EXHIBIT 32

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report on Form 10-Q for the three months ended
June 30, 2003 (the Report), by Xybernaut Corporation (the Registrant), the
undersigned hereby certifies 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, 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
Registrant.

| |  |                                        
| |  | ---------------------------------------
| |  | /s/ EDWARD G. NEWMAN

Edward G. Newman 
| |  | Chief Executive Officer and            
| |  | Chairman of the Board of Directors     
| |  | August 13, 2003                        
| |  |                                        
| |  | /s/ THOMAS D. DAVIS

Thomas D. Davis   
| |  | Senior Vice President and              
| |  | Chief Financial Officer                
| |  | August 13, 2003                        
| |  |                                        
| |  | /s/ STEVEN A. NEWMAN

Steven A. Newman 
| |  | President, Chief Operating Officer and 
| |  | Vice Chairman of the Board of Directors
| |  | August 13, 2003                        

A signed original of this written statement required by Section 906 has been provided to
Xybernaut Corporation and will be retained by Xybernaut Corporation, and furnished to the
Securities and Exchange Commission or its staff upon request.
IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent

v. SILVERIO CRUZ-COSME, Petitioner : : : : : : : : : : : No. 266 MAL 2014 Petition for Allowance of Appeal from the Order of the Superior Court

ORDER PER CURIAM AND NOW , this 2nd day of October, 2014, the Petition for All owance of Appeal is DENIED
.
[Federal Register Volume 89, Number 176 (Wednesday, September 11, 2024)]
[Notices]
[Page 73636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20781]


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

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meetings

TIME AND DATE: 4:00 p.m. EDT, Monday, September 9, 2024.

PLACE: Virtual meeting.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Litigation matters. In the event that the 
time, date, or location of this meeting changes, an announcement of the 
change, along with the new time, date, and/or place of the meeting will 
be posted on the Commission's website at https://www.cftc.gov/.

CONTACT PERSON FOR MORE INFORMATION: Christopher Kirkpatrick, 202-418-
5964.

    (Authority: 5 U.S.C. 552b.)

    Dated: September 9, 2024.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2024-20781 Filed 9-9-24; 4:15 pm]
BILLING CODE 6351-01-P
## This Certificate certifies that



# W olfgang W eber Having satisfactorily completed the course of study And having passed the required examination in Flying,Controlling , Maneuvering and FAA Rules & Regulations is a 

### Qualified for

UAV Flight
Given under my hand on the 25th Day of November, 2015 

### Ken Taboh