alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### NUMBER 13 - 1 6 - 00 293 - CV 

## COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

____________________________________________________________ G. T. LEACH BUILDERS , L.L. C

. - RESIDENTIAL, G. T. LEACH CONSTRUC TION, L. P. , AND GARY T. LEACH , A ppellant s ,
v. SAPPHIRE CONDOMINIUM S ASSOCIATION, INC. , A ppellee

.

____________________________________________________________

On a ppeal from the 138 th District Court of Cameron County, Texas.

____________________________________________________________ 

## ORDER
Before Chief Justice Valdez and Justices Garza and Longoria Order Per Curiam
A ppe l la n t s , G. T. Leach Builders, L.L. C

. - Residential, G. T. Leach Construction,
L. P. , a nd Gary T. Leach , have filed a “Motion for Stay Pending Accelerated Appeal, and Alternatively, Petition for Writ of Mandamus to Enforce Mandatory Statutory Stay.” Appellants have appealed a May 19, 2016 order denying their application to compel2

arbitration under Cha pter 171 of the Texas Civil Practice and Remedies Code. See
T EX

. C IV

. P RAC

. & R EM

. C ODE A NN . §§ 171.021, .025 (West, Westlaw through 2015 R.S.). Appellants seek an order staying the underlying litigation pending resolution of this appeal under section 17 1.025 of the Texas Civil Practice and Remedies Code and various provisions of the Texas Rules of Appellate Procedure. See id. § 171.025; T EX

. R. A PP

. P . 29 .3, 29.5, 29.6

. According to appellants, requiring them to participate in discovery on the merits, pretrial preparation and a trial of potentially arbitrable issues while their appeal is pending would impair or render moot the effectiveness of the relief sought through the appeal.
Ha v ing re v i e w e d and fully considered appe l la n ts ’ m o ti o n , w e GRANT t h e mo ti o n in part, DENY it in part, and DISMISS it in part. We GRANT the motion insofar as we order the trial court proceedings STAYED pending further order of this Court. We DENY the motion insofar as appellants request that we stay the litigation pending resolution of any future appeal in the Texas Supreme Court. We DISMISS the motion as moot insofar as we are addressing appellants’ motion through th is pending interlocutory appeal , and thus the requested alternative relief of a petition for writ of
mandamus is moot. IT IS S O ORDERED.

PER C U RIAM De l i v e red a n d f i l e d t h e 23 rd da y o f June , 2 0 1 6

.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS CONTAINED IN THE COMPANY'S FORM 10-QSB FOR THE PERIOD ENDED MARCH 31,
1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       2,448,595
<SECURITIES>                                         0
<RECEIVABLES>                                3,065,507
<ALLOWANCES>                                   119,376
<INVENTORY>                                  2,824,175
<CURRENT-ASSETS>                             8,988,808
<PP&E>                                       3,336,632
<DEPRECIATION>                               2,115,875
<TOTAL-ASSETS>                              18,501,348
<CURRENT-LIABILITIES>                        2,058,945
<BONDS>                                        490,285
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       123,918
<OTHER-SE>                                  15,828,200
<TOTAL-LIABILITY-AND-EQUITY>                18,501,348
<SALES>                                      4,449,796
<TOTAL-REVENUES>                             4,668,605
<CGS>                                        2,895,471
<TOTAL-COSTS>                                4,639,703
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              11,709
<INCOME-PRETAX>                                 17,193
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             17,193
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    17,193
<EPS-PRIMARY>                                     0.00
<EPS-DILUTED>                                     0.00
        

</TABLE>
Christopher J. MIGLIORE, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-2064

District Court of Appeal of Florida, Second District.

Opinion filed April 4, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1361 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 1361

 To amend title 38, United States Code, to authorize the Secretary of 
   Veterans Affairs to provide or assist in providing an additional 
   vehicle adapted for operation by disabled individuals to certain 
                           eligible persons.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 2021

 Mr. Meuser (for himself and Mr. Trone) introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend title 38, United States Code, to authorize the Secretary of 
   Veterans Affairs to provide or assist in providing an additional 
   vehicle adapted for operation by disabled individuals to certain 
                           eligible persons.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Advancing Uniform Transportation 
Opportunities for Veterans Act'' or the ``AUTO for Veterans Act''.

SEC. 2. AUTHORITY OF THE SECRETARY OF VETERANS AFFAIRS TO PROVIDE OR 
              ASSIST IN PROVIDING ADDITIONAL VEHICLES ADAPTED FOR 
              OPERATION BY DISABLED INDIVIDUALS TO CERTAIN ELIGIBLE 
              PERSONS.

    (a) In General.--Section 3903(a) of title 38, United States Code, 
is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)''; and
            (2) by adding at the end the following new paragraph:
    ``(3) The Secretary may provide or assist in providing an eligible 
person with an additional automobile or other conveyance under this 
chapter if 10 years have elapsed since the date on which the eligible 
person received the immediately previous such automobile, other 
conveyance, or assistance under this chapter.''.
    (b) Effective Date.--Paragraph (3) of subsection (a) of section 
3903 of title 38, United States Code, shall apply with respect to the 
provision of an additional automobile or other conveyance that occurs 
on or after October 1, 2021.
                                 <all>
```
Juan Antonio DIAZ a/k/a J. A. Diaz, Appellant/Petitioner(s), v. DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee, Appellee/Respondent(s).

CASE NO.: 2D17-3020

District Court of Appeal of Florida, Second District.

March 19, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Appeal is dismissed.
Timothy C. HUDSON, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-1016

District Court of Appeal of Florida, Second District.

April 12, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Granted.
Alex R. WHALEY, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-2944

District Court of Appeal of Florida, Fifth District.

Decision filed January 23, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
#### UNITED STATES of America, Plaintiff-Appellee, v. Roger Junior ARTHUR, Jr., a/k/a Roger Arthur, Jr., a/k/a Busy, a/k/a Biz, Defendant-Appellant.

No. 17-6241

United States Court of Appeals, Fourth Circuit.

Submitted: July 27, 2017

Decided: July 31, 2017

Roger Junior Arthur, Jr., Appellant Pro Se. Jennifer P. May-Parker, Assistant United States Attorney, Timothy Severo, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Before AGEE and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

*149Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Roger Arthur, Jr., pled guilty to conspiracy to possess with intent to distribute a quantity of heroin and possession with intent to distribute heroin, in violation of 21 U.S.C. § 841(a)(1) (2012), and was sentenced to 41 months’ imprisonment. On direct appeal, this court affirmed the judgment. *United States v. Arthur,*540 Fed. Appx. 192 (4th Cir. 2013). Arthur filed a second notice of appeal of the criminal judgment. Because we have previously affirmed this criminal judgment, we dismiss the appeal as duplicative and untimely. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*DISMISSED*
# United States Court of Appeals

f or the Fifth Circuit

No. 20

- 50241 Conference Calendar

United States of America,

Plaintiff

— Appellee ,

versus

Graciela Montoya,

Defendant

— Appellant

.

Appeal from the United States District Court for the Western District of Texas USDC No. 3:18

- CR

- 2867

- 1

Before Davis, Elrod, and Oldham, Circuit Judges

. Per Curiam : *

The attorney appointed to represent Graciela Montoya has moved for
leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Montoya has filed a response. The record is not sufficiently developed to

* Pursuant to 5th Cir cuit R ule 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 5th Cir cuit R ule 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED January 6, 2021
Lyle W. Cayce Clerk Case: 20-50241 Document: 00515695794 Page: 1 Date Filed: 01/06/2021No. 20

- 50241

2 allow us to make a fair evaluation of Montoya ’s claims of ineffective assistance of counsel; we therefore decline to consider the claims without prejudice to collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014).
We have reviewed counsel’s brief and the relevant portions of the
record reflected therein , as well as Montoya ’s response . We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is
GRANTED , counsel is excused from further responsibilities herein, and
the appeal is DISMISSE D

. See 5th Cir. R

. 42. 2. Case: 20-50241 Document: 00515695794 Page: 2 Date Filed: 01/06/2021
EXHIBIT 32.1



CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)



Pursuant  to  section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b)  of  section  1350, chapter 63 of title 18, United States Code), the undersigned  officer  of  Nighthawk Systems, Inc., a Nevada corporation (the "Company"),  does  hereby  certify,  to  such  officer's  knowledge,  that:



The  Annual  Report  on  Form  10-KSB for the year ending December 31, 2006 (the "Form  10-KSB  ") of the Company 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  Form  10-KSB  fairly presents, in all material respects, the financial  condition  and  results  of  operations  of  the  Company.



Date:  April 17, 2007



By:  /s/  H. Douglas Saathoff

H. Douglas Saathoff



Chief Executive Officer and Principal Accounting and Financial Officer
<TABLE>
<CAPTION>
                        Pomeroy Computer Resources, Inc.
                 Exhibit 11 - Computation of Earnings Per Share
                    (in thousands, except per share amounts)


                                                 Quarter Ended
                                                   April 5,
                                              ------------------
                                                2003      2002
                                              --------  --------
<S>                                           <C>       <C>
BASIC
Weighted average common shares
outstanding                                     12,451    12,698
                                              ========  ========

Net income                                    $  1,506  $  4,663
                                              ========  ========

Net income per common share                   $   0.12  $   0.37
                                              ========  ========

DILUTED
Weighted average common shares
outstanding                                     12,451    12,698

Dilutive effect of stock options outstanding
during the period                                   14        91

Total common and common equivalent
shares                                          12,465    12,789
                                              ========  ========

Net income                                    $  1,506  $  4,663
                                              ========  ========

Net income per common share                   $   0.12  $   0.36
                                              ========  ========
</TABLE>


<PAGE>
<TABLE> <S> <C>

<ARTICLE> 7
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<DEBT-HELD-FOR-SALE>                         1,063,800
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                     393,400
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                               1,489,200
<CASH>                                          23,300
<RECOVER-REINSURE>                             198,600
<DEFERRED-ACQUISITION>                           4,600
<TOTAL-ASSETS>                               2,012,300
<POLICY-LOSSES>                              1,060,900
<UNEARNED-PREMIUMS>                             64,000
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                      0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,400
<OTHER-SE>                                     808,400
<TOTAL-LIABILITY-AND-EQUITY>                 2,012,300
<PREMIUMS>                                     208,100
<INVESTMENT-INCOME>                            102,000
<INVESTMENT-GAINS>                               3,100
<OTHER-INCOME>                                       0
<BENEFITS>                                     152,800
<UNDERWRITING-AMORTIZATION>                    (1,000)
<UNDERWRITING-OTHER>                            68,300
<INCOME-PRETAX>                                 69,700
<INCOME-TAX>                                    12,800
<INCOME-CONTINUING>                             56,900
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    56,900
<EPS-PRIMARY>                                     2.34
<EPS-DILUTED>                                     2.34
<RESERVE-OPEN>                               1,196,300
<PROVISION-CURRENT>                            183,600
<PROVISION-PRIOR>                             (15,500)
<PAYMENTS-CURRENT>                              38,400
<PAYMENTS-PRIOR>                               265,100
<RESERVE-CLOSE>                              1,060,900
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION FROM THE FORM 10-Q AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           9,509
<INT-BEARING-DEPOSITS>                           2,373
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      5,273
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        199,263
<ALLOWANCE>                                          0
<TOTAL-ASSETS>                                 251,675
<DEPOSITS>                                     192,101
<SHORT-TERM>                                    28,968
<LIABILITIES-OTHER>                             12,080
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                               20
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      18,505
<TOTAL-LIABILITIES-AND-EQUITY>                 251,675
<INTEREST-LOAN>                                 12,291
<INTEREST-INVEST>                                  113
<INTEREST-OTHER>                                   664
<INTEREST-TOTAL>                                13,068
<INTEREST-DEPOSIT>                               6,950
<INTEREST-EXPENSE>                               8,548
<INTEREST-INCOME-NET>                            4,520
<LOAN-LOSSES>                                      295
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                 13,268
<INCOME-PRETAX>                                    613
<INCOME-PRE-EXTRAORDINARY>                         613
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       626
<EPS-PRIMARY>                                      .32
<EPS-DILUTED>                                      .30
<YIELD-ACTUAL>                                       0<F1>
<LOANS-NON>                                      6,471
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  2,673
<ALLOWANCE-OPEN>                                     0
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                    0<F1>
<ALLOWANCE-DOMESTIC>                                 0<F1>
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0<F1>
<FN>
<F1>This information is not disclosed in the Form 10-Q
</FN>
        

</TABLE>
##### 



Exhibit 32.1 Certificate 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 Catalina Marketing Corporation (the
Company) on Form 10-Q for the period ending September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, L.
Dick Buell, Chief Executive Officer and Director of the Company, 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 result of operations of the Company.  /s/ L. Dick Buell
STATE EX REL. Randolph ARMSTEAD v. STATE of Louisiana

No. 2017-KH-0367

Supreme Court of Louisiana.

May 18, 2018

**ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS**

PER CURIAM:

Denied. Relator fails to show that he received ineffective assistance of counsel under the standard of *Strickland v. Washington* , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Relator's remaining claim is repetitive. La.C.Cr.P. art. 930.4.

Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, *see*28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral *1222review. The district court is ordered to record a minute entry consistent with this per curiam.
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**
 
 
 In
        connection with the Annual Report on Form 10-KSB of Elephant Talk
        Communications, Inc. and its subsidiaries (the “Company"), for the period ended
        December 31, 2006 as filed with the Securities and Exchange Commission on
        the
        date hereof (the "Report"), the undersigned, Steven van der Velden, President
        & Chief Executive Officer of the Company, and Willem Ackermans, Chief
        Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C.
        Section 1350, 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.
 
 
 Dated
                  April 14, 2007
              /s/
                  Steven van der VeldenSteven
                  van der VeldenChief
                  Executive OfficerDated
                  April 14, 2007
              /s/
                  Willem AckermansWillem
                  AckermansChief
                  Financial Officer