alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order issued December )~, 2012

In TheNO. 05-11-01441-CR 

### PATRICK ALLEN BENTLEY, Appellant

V. THE STATE OF TEXAS, Appellee



### ORDER Appellant has filed a pro se supplemental brief and moves for leave to file the supplemental brief, to dismiss counsel, and to appoint new counsel. Appellant is represented by counsel who [’fled a brief on the merits and is not entitled to hybrid representation. SeeRuddv. State, 616 S.W.2d 623, 625 (Tex. Crim. App. [Panel Op.] 1981); see also TEX. CODE CRIM. PROC. ANN. art. 26.04(j)(2) (West Supp. 2012). Additionally, while this Court may vant a motion to withdraw filed by an attorney,see TEX. R. APP. P. 6.5, it does not have authority to appoint substitute counsel. See TEX. CODE CRIM. PROC. ANN. art. 1.051(d). The Court DENIES 

### appellant’s motions.

PRESIDING JUSTICE
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03

- 23

- 00065

- CV

Julia Aguilar as Guardian for Lacey Silva , Appellant

v.

Twisted 5

- S Ranch, LLC; Richard W. Spencer III; Shawn Spencer; Christopher W. Spencer; Midland Cycles, Inc., d/b/a Midland P owersports; Kawasaki Motors Corporation, U.S.A., d/b/a Kawasaki; Kawasaki Motors Manufacturing Corporation, U.S.A., d/b/a Kawasaki ; et al , Appellee s

FROM THE 119TH DISTRICT COURT OF CONCHO COUNTY NO. DIM

- 17

- 04511 , THE HONORABLE BEN WOODWARD , JUDGE PRESID I NG

M E M O R A N D U M O P I N I O N

Appellant Julia Aguilar (as guardian for Lacey Silva) has filed an unopposed

motion to dismiss this appeal. We grant appellant’s motion and dismiss the appeal. See Tex. R.

App. P. 42.1(a)(1).

__________________ ________________________ Edward Smith , Justice

Before Justices Baker, Smith, and Jones*

Dismissed on Appellant’s Motion

Filed: April 11, 2023

*B e fore J. Woodfin Jones, Chief Justice (Retired), Third Court of Appeals, sitting by assignment. See Tex. Gov’t Code § 74.003(b).
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 B2 Health, Inc., (the "Company") on Form 10-QSB/A-2 for the period ended December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, John Quam, Principal Executive Officer and Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  (1)The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and(2)The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.  _/s/ John Quam___________ John Quam Principal Executive Officer and Principal Financial Officer October 17, 2008
|    |                                                                                                    |
|----|----------------------------------------------------------------------------------------------------|
| 1. | I have reviewed this report on Form 10-Q of Orbitz Worldwide, Inc. (the “Registrant”); |

|    |                                                                                                                                                                                                                                                                                                            |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 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 report; |

|               |
|---------------|
|               |  |  |
| March 5, 2012 |   | /s/ BARNEY HARFORD |
|          |   | Barney Harford |
|          |   | Chief Executive Officer  |
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-7742

WILL CATER, JR., 

 Petitioner - Appellant, 

 v. 

GENE M. JOHNSON, 

 Respondent - Appellee. 

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Raymond A. Jackson, District 

Judge. (2:07-cv-00502-RAJ-JEB) 

Submitted: December 16, 2008 Decided: December 24, 2008 

Before WILKINSON, MICHAEL, and KING, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Will Cater, Jr., Appellant Pro Se. Donald Eldridge Jeffrey, III, 

Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Will Cater, Jr., seeks to appeal the district court’s 

order accepting the recommendation of the magistrate judge and 

dismissing his 28 U.S.C. § 2254 (2000) petition as untimely and 

procedurally barred. The order is not appealable 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 any assessment of the 

constitutional claims by the district court is debatable or 

wrong and that any dispositive procedural ruling by the district 

court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 

322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); 

Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have 

independently reviewed the record and conclude that Cater has 

not made the requisite showing. Accordingly, we deny Cater’s 

motion for a certificate of appealability, deny leave to proceed 

in forma pauperis, 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
**Exhibit 32.1**

 

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Quarterly Report of Iris BioTechnologies, Inc. (the “Company”)on Form 10-Q for the quarter ended March 31, 2009 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, SimonChin, Chief Executive Officer and Chief Financial Officer of the Company,certify, pursuant to 18 U.S.C. section 1350 of the Sarbanes-Oxley Act of 2002,that:

 

(1)                                 The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

 

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

 

Theforegoing certification is being furnished solely to accompany the Reportpursuant to 18 U.S.C. section 1350 and is not being filed for purposes of Section 18of the Securities Exchange Act of 1934, as amended, and is not to beincorporated by reference into any filing of the Company, whether made beforeor after the date hereof, regardless of any general incorporation language insuch filing.

 

 
| Date: May 15, 2009 | By:    |
|-------------------------|--------|
|                    |   | /s/ Simon Chin |
|                    |   | Simon Chin

President, Chief Executive Officer and Chief Financial Officer |

 

----
Opinion issued May 16, 2023

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-21-00674-CV

———————————

IN RE BARBARA J. STANFIELD, INDIVIDUALLY, AS A DIRECTACTION PLAINTIFF, AND DERIVATIVELY ON BEHALF OF 

INTERVENOR TIG TRANSPORTATION, LLC, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Barbara J. Stanfield, Individually, as a direct-action plaintiff, and 

Derivatively, on behalf of Intervenor TIG Transportation, LLC, filed a petition for 

writ of mandamus, challenging (1) the trial court’s September 20, 2021 order 

granting the motion to show authority filed by real party in interest, Timothy 

Cannon, Jr. and TIG Transportation, LLC; (2) the trial court’s October 4, 2021 order 
2

denying relator’s motion for reconsideration of the September 20, 2021 order; and 

the trial court’s two November 17, 2021 orders granting real party in interest leave 

to pay his attorney’s fees and ordering payment to real party in interest his former 

weekly salary.1

We deny the petition. See TEX. R. APP. P. 52.8. Any pending motions are 

dismissed as moot.

PER CURIAM

Panel consists of Justices Kelly, Hightower, and Countiss.

1 The underlying case is Barbara J. Stanfield v. Timothy Cannon, Jr., cause number 

2021-20472, pending in the 215th District Court of Harris County, Texas, the 

Honorable Elaine Palmer presiding.
Exhibit 31.2
 RULE 13a-14(a) CERTIFICATION OF CHIEF FINANCIAL OFFICER
      (a)
    
    Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, 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 report is being prepared;
 (b)
    
    Designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under our supervision, to
provide reasonable assurance regarding the reliability of financial reporting and the
preparation of financial statements for external purposes in accordance with generally
accepted accounting principals;
 (c)
    
    Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this report
based on such evaluation; and
 (d)
    
    Disclosed in this report any change in the registrants internal control over
financing reporting that occurred during the registrants most recent fiscal quarter
(the registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
  (a)
    
    All significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonable likely to adversely
affect the registrants ability to record, process, summarize and report financial
information; and
 (b)
    
    Any fraud, whether or not material, that involved management or other employees
who have a significant role in the registrants internal control over financial
reporting.
  DIVERSIFIED RESTAURANT HOLDINGS, INC.By:
    /s/  David G. BurkeDavid G. BurkeTreasurer and Chief Financial Officer
Exhibit 32.1

CERTIFICATION PURSUANT TO SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF THE UNITED STATES CODE

In connection
with the Annual Report of Rewards Network Inc. (the Company) on Form 10-K for the period ended December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ronald L. Blake,
President and Chief Executive 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 (15 U.S.C. 78m or 78o(d)); and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------



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

March 15, 2006



|                                     
|-------------------------------------
|/s/ Ronald L. Blake                  
|Ronald L. Blake                      
|President and Chief Executive Officer
# Official Journal L 100/19 A

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 100 |
| | |
| English edition | Legislation | Volume 6119 April 2018 |

ISSN 1977-0677

Official Journal

of the European Union

L 100

English edition

Legislation

Volume 6119 April 2018

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS |
| | * | Decision No 1/2018 of the Geographical Indications Sub-Committee of 14 March 2018 modifying Annexes XVII-C and XVII-D to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part [2018/577] | 1 |

Contents

II   Non-legislative acts

page

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

*

Decision No 1/2018 of the Geographical Indications Sub-Committee of 14 March 2018 modifying Annexes XVII-C and XVII-D to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part [2018/577]

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
#### J. B. HIRSHFELD & CO., Inc., v. EVANS et ux.

No. 3950.

Court of Civil Appeals of Texas. Amarillo.

Jan. 25, 1933.

Rehearing Denied Feb. 8, 1933.

Slough, Gibson *&*Slough, of Amarillo, for appellant.

Lackey & Lackey, of' Stinnett, for appel-lees.

HALL, C. J.

Mrs. A. D. Evans conducted a store in Borger known as the New York store and it is alleged that the stock of merchandise was her sole and separate property. She purchased goods from the appellant in the sum of $831.80 for the purpose of replenishing her stock of merchandise. Appellant filed this suit against Mrs. Evans and made her husband, Henry Evans, a 'party defendant, alleging that before the institution of the suit appellant’s attorney had conferred with Henry Evans and1 he had objected to the amount of the claim, but that Mrs. Evans and her husband objected only to two items, *684which it seems from the pleading were deducted before the suit was filed and the petition contains the further allegation that the merchandise had been received, for which they agreed to pay. It is not alleged that Henry Evans was connected in any way with the store or with the purchase of the merchandise included in the claim. The right to recover is, according to the allegations, predicated upon the fact that the goods were necessary in the proper conduct and management by Mrs. Evans of her store at Borger.

The court sustained a general and several special exceptions to the petition and the plaintiff failing to amend, judgment was rendered dismissing the action.

One of the exceptions is that no personal action could be maintained against Mrs. Evans because the petition failed to show compliance with the requirements of R. S. art. 4626.

We think the court properly sustained the exceptions.

With reference to the powers of a married woman to engage in the mercantile business, it is said in 23 Texas Jurisprudence § 266: “Technically a married woman may be a merchant or trader at will so far as immediate transaction of the business is concerned. That is, she may own merchandise and wares freely, may buy or sell them at pleasure, either for cash or on credit, may rent or lease buildings or employ clerks and other help needed. Her contracts of purchase, lease or employment do not bind her, but they do bind the other party.”

And further, in Id. § 268: “A married woman is not then liable as an ordinary merchant for her contracts of debt or otherwise in the transaction of the business.”

The pleading fails to show any consideration for the subsequent promise made by the husband, Henry Evans, to pay for goods previously sold to his wife and for which she was not responsible. So far as the pleadings show, it was a verbal promise and is further void under the provisions of the statute of frauds (Rev. St. 1925, art. 3995).

The judgment is affirmed.
EXHIBIT
32.1


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


PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the quarterly report on Form 10-Q of Sunrise Holdings Limited
(the "Company") for the quarter ended March 31, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned Chief Executive Officer of the Company, hereby certify pursuant to
18 U.S.C. ss.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 Sunrise Holdings
Limited.







Date: April
      29, 2009
            
            
            /s/
      Xuguang SunXuguang Sun, Chief Executive Officer and
  President
EXHIBIT  32.2






CERTIFICATION PURSUANT TO


18 U.S.C. 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the quarterly report of ENHANCE SKIN PRODUCTS INC. (the "Company") on Form 10-Q for the quarter ended January 31, 2010, as filed with the  Securities and Exchange Commission on the date hereof (the "Report"), I, Brian Lukian, Chief Financial Officer of the Company, certify,  pursuant  to 18 U.S.C.  1350,  as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





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





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








By:
/s/ Brian LukianDate:  March 17, 2010

Brian LukianChief Financial Officer
##### 



Exhibit 32.2
 
    Date: May 15, 2007
    /s/ Richard W. FitzGeraldRichard W. FitzGeraldSenior Vice President, Chief Financial Officer and
Treasurer of Eagle Rock Energy G&P, LLC, General
Partner of Eagle Rock Energy GP, L.P., General
Partner of Eagle Rock Energy Partners, L.P.
|   | (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 the operations of the Company. |
|--------|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date: August 23, 2010 | By:                       | /s/ David Bychkov |   |
|-----------------------|---------------------------|-------------------|--------|
|                  | David Bychkov             |              |
|                  | Chief Executive Officer   |              |
|                  | (Chief executive officer) |              |
EXHIBIT 32.1


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


PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the quarterly report on Form 10-Q of Sunrise Holdings Limited (the "Company") for the quarter ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned Chief Executive Officer of the Company, hereby certify pursuant to 18 U.S.C. ss.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 Sunrise Holdings Limited.








Date: February 1, 2010


/s/ Xuguang SunXuguang Sun, Chief Executive Officer and President
```

[Federal Register: February 19, 2010 (Volume 75, Number 33)]
[Notices]               
[Page 7536]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe10-127]                         


[[Page 7536]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 6899]

 
Culturally Significant Objects Imported for Exhibition 
Determinations: ``The Aztec Pantheon and the Art Empire''

Summary: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 
of October 19, 1999, as amended, and Delegation of Authority No. 257 of 
April 15, 2003 [68 FR 19875], I hereby determine that the objects to be 
included in the exhibition ``The Aztec Pantheon and the Art Empire,'' 
imported from abroad for temporary exhibition within the United States, 
are of cultural significance. The objects are imported pursuant to loan 
agreements with the foreign owners or custodians. I also determine that 
the exhibition or display of the exhibit objects at the Getty Villa, 
Pacific Palisades, CA, from on or about March 24, 2010, until on or 
about July 5, 2010, and at possible additional exhibitions or venues 
yet to be determined, is in the national interest. I have ordered that 
Public Notice of these Determinations be published in the Federal 
Register.

For Further Information Contact: For further information, including a 
list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6467). The mailing address is U.S. Department of State, SA-5, L/PD, 
Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

    Dated: February 12, 2010.
Maura M. Pally,
Deputy Assistant Secretary for Professional and Cultural Exchanges, 
Bureau of Educational and Cultural Affairs, Department of State.
[FR Doc. 2010-3255 Filed 2-18-10; 8:45 am]
BILLING CODE 4710-05-P
```