alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

February 8, 2019

No. 04-18-00609-CV

Allison WHITE,

Appellant

v.

Jason WALSH,

Appellee

From the 285th Judicial District Court, Bexar County, Texas

Trial Court No. 2014-CI-02528

Honorable Stephani A. Walsh, Judge Presiding

O R D E R

Sitting: Luz Elena D. Chapa, Justice

Irene Rios, Justice

Beth Watkins, Justice

Appellee’s motion to dismiss this appeal is denied.

_________________________________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 8th day of February, 2019.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
D.O.W. v. O.N.W.

2160065

Court of Civil Appeals of Alabama.

May 5, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-1134

WILFRED JINGWA AWUNG,

Petitioner,

v.

ERIC H. HOLDER, JR., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration 

Appeals.

Submitted: December 10, 2010 Decided: January 11, 2011

Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Petition denied by unpublished per curiam opinion.

Danielle Beach-Oswald, BEACH-OSWALD IMMIGRATION LAW ASSOCIATES, 

PC, Washington, D.C., for Petitioner. Tony West, Assistant 

Attorney General, Linda S. Wernery, Assistant Director, Erica B. 

Miles, Office of Immigration Litigation, UNITED STATES 

DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Wilfred Jingwa Awung, a native and citizen of 

Cameroon, petitions for review of an order of the Board of 

Immigration Appeals (Board) dismissing his appeal from the 

Immigration Judge’s denial of his applications for relief from 

removal. 

Awung challenges the Board’s conclusion that he failed 

to qualify for withholding of removal. “To qualify for 

withholding of removal, a petitioner must show that he faces a 

clear probability of persecution because of his race, religion, 

nationality, membership in a particular social group, or 

political opinion.” Rusu v. INS, 296 F.3d 316, 324 n.13 (4th 

Cir. 2002) (citing INS v. Stevic, 467 U.S. 407, 430 (1984)). We 

have reviewed the record and Awung’s contentions and conclude 

that substantial evidence supports the finding below that Awung 

did not meet his burden to qualify for this relief. 

Accordingly, we deny the petition for review. 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.

PETITION DENIED
Exhibit








Exhibit 10.3




SCHEDULE OF PARTIES TO
MANAGEMENT AND EXECUTIVE EMPLOYMENT AGREEMENT


Parties to current form of amended and restated management agreement:
 
	
			
	Name
	 
	Title

	H. Chris Killingstad
	 
	President and Chief Executive Officer

	David W. Huml
	 
	Senior Vice President, EMEA, APAC, Global Marketing and Operations

	Carol E. McKnight
	 
	Senior Vice President, Chief Administrative Officer

	Richard H. Zay
	 
	Senior Vice President, The Americas, and Research & Development
Exhibit 32.1





STATEMENT OF CHIEF EXECUTIVE OFFICER AND


CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. § 1350





In connection with the Quarterly Report on Form 10-Q for the period ended March 31, 2010 (the “Form 10-Q”) of Grayson Bankshares, Inc. (the “Company”), we, Jacky K. Anderson, Chief Executive Officer of the Company, and Blake M. Edwards, Chief Financial Officer of the Company, hereby certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to our knowledge:





(a)
the Form 10-Q fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and





(b)
the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the periods presented in the Form 10-Q.











By:/s/ Jacky K. Anderson                                           Date:May 14, 2010


Jacky K. Anderson


Chief Executive Officer











By:/s/ Blake M. Edwards                                           Date:May 14, 2010


Blake M. Edwards


Chief Financial Officer
(LOGO) Central National Bank

March 29, 2000

Norwest Bank Minnesota, N.A.
11000 Broken Land Parkway
Columbia, MD 21044-3562

Dear Master Servicer:

The undersigned Officer certifies the following for the 1999 fiscal year:

A. I have reviewed the  activities and  performance  of the Servicer  during the
   preceding  fiscal  year  under  the term of the  Servicing  Agreement,  Trust
   Agreement,  Pooling and Servicing Agreement and/or  Seller/Servicer Guide and
   to the best of this  Officer's  knowledge,  the Servicer has fulfilled all of
   its duties, responsibilities or obligations under these Agreements throughout
   such  year,  or if there has been a default or  failure  of the  servicer  to
   perform any of such duties, responsibilities or obligations, a description of
   each default or failure and the nature and status  thereof has been  reported
   to Norwest Bank Minnesota, N.A.;

B. I have  confirmed  that the Servicer is currently  and approved FNMA or FHLMC
   servicer in good standing

C. I have confirmed  that the Fidelity Bond, the Errors and Omissions  Insurance
   Policy  and any  other  bonds  required  under  the  terms  of the  Servicing
   Agreement,   Trust   Agreement,   Pooling  and  Servicing   Agreement  and/or
   Seller/Servicer Guide
   are in full force and effect;

D. All premiums for each Hazard  Insurance  Policy,  Flood Insurance  Policy (if
   applicable)  and Primary  Mortgage  Insurance  Policy (if  applicable),  with
   respect  to each  Mortgaged  Property,  have  been  paid  and  that  all such
   insurance policies are in full force and effect;

E. All real  estate  taxes,  governmental  assessments  and any  other  expenses
   accrued and due,  that if not paid could result in a lien or  encumbrance  on
   any Mortgage Property,  have been paid, or if any such costs or expenses have
   not been paid with  respect  to any  Mortgage  Property,  the  reason for the
   nonpayment has been reported to Norwest Bank Minnesota, N.A.;

F. All Custodial Accounts have been reconciled and are properly funded; and

G. All annual  reports of  Foreclosure  and  Abandoument  of Mortgaged  Property
   required per section  6050H,  6050J and 6050P of the Internal  Revenue  Code,
   respectively, have been prepared and filed.


Certified By:

Edward J. Meekins
Vice President and Director of Mortgage Banking
3/29/00

Member F.D.I.C.
EX PARTE Ronald Odell KING

1160258 (CR-15-1234)

Supreme Court of Alabama.

February 10, 2017

Cert. denied.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

October 29, 2007 Clifford W. Taylor,

 Chief Justice 

134239 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 134239 

 COA: 275184 

Oakland CC: 2003-190250-FC 

GEORGE GERARD BURGER,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the May 30, 2007 order 

of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). 

t1022 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

October 29, 2007 

 Clerk
Kenneth Gene MCINTOSH, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-2388

District Court of Appeal of Florida, Second District.

Opinion filed April 4, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Anthony ROGERS, Appellant, v. The STATE of Florida, Appellee.

No. 3D17-1299

District Court of Appeal of Florida, Third District.

Opinion filed May 30, 2018

Carlos J. Martinez, Public Defender, and Natasha Baker-Bradley, Assistant Public Defender, for appellant.

Pamela Jo Bondi, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellee.

Before SUAREZ, LUCK, and LINDSEY, JJ.

PER CURIAM.

*1008Anthony Rogers appeals from his conviction and sentence pursuant to a finding of violation of probation. Both parties agree that, because the trial court did not issue a written order of violation of probation stating the evidence and grounds for revocation, the case must be remanded with directions to render a written order of probation.

We therefore remand to the trial court solely to provide a written order of violation of probation that contains the evidence and grounds necessary to support revocation of Rogers' probation.

Remanded with instructions.
James Neal JACKSON v. STATE

CR-16-0840

Court of Criminal Appeals of Alabama.

June 5, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
#### Calvin Tyrone NORTON, Plaintiff-Appellant, v. CITY OF WHITEVILLE, a Municipality; Whiteville Police Department, a department under the Municipality of City of Whiteville; Tracey Carter, Police Officer of Whiteville Police Department sued in her official and individually capacity; Stephen Strickland, Police Officer of Whiteville Police Department sued in his official & individual capacity; Jeffrey Rosier, Chief Police at Whiteville Police Department sued in his official & individual capacity; Aundre’ Jackson, Lieutenant at the Whiteville Police Department sued in his official and individual capacity; Bobby Dean Kemp, Jr., sued in his individual capacity, Defendants-Appellees.

No. 17-1446

United States Court of Appeals, Fourth Circuit.

Submitted: June 22, 2017

Decided: June 26, 2017

Calvin Tyrone Norton, Appellant Pro Se. Clay Allen Collier, CROSSLEY MCINTOSH COLLIER HANLEY & EDES PLLC, Wilmington, North Carolina, for Appellees.

Before GREGORY, Chief Judge, and FLOYD and HARRIS, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Calvin Tyrone Norton seeks to appeal the district court’s order dismissing his civil action. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

Parties are accorded 30 days after the entry of the district court’s final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” *Bowles v. Russell,*551 U.S. 205, 214, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court’s order was entered on the docket on March 7, 2017. The notice of appeal was filed on April 7, 2017. Because Norton failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. 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*
|   | **Exhibit 32.1** |
|--------|------------------|

 

**STATEMENT OF CHIEF EXECUTIVE OFFICER AND**

**CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. § 1350**

 

In connection with the Quarterly Report on Form 10-Q for the period ended September 30, 2009 (the “Form 10-Q”) of Grayson Bankshares, Inc. (the “Company”), we, Jacky K. Anderson, Chief Executive Officer of the Company, and Blake M. Edwards, Chief Financial Officer of the Company, hereby certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to our knowledge:

 

|   | (a) | the Form 10-Q fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------|

 

|   | (b) | the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the periods presented in the Form 10-Q. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

|   | By:  /s/ Jacky K. Anderson | Date:  November 13, 2009 |
|--------|----------------------------|--------------------------|

|   | Jacky K. Anderson |
|--------|-------------------|

|   | Chief Executive Officer |
|--------|-------------------------|

 

 

|   | By:  /s/ Blake M. Edwards | Date:  November 13, 2009 |
|--------|---------------------------|--------------------------|

|   | Blake M. Edwards |
|--------|------------------|

|   | Chief Financial Officer |
|--------|-------------------------|
---

# Exhibit 32.2

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

In connection with the
Quarterly Report of RARE Hospitality International, Inc. (the
Company) on Form 10-Q for the period ended September 28, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
Report), I, W. Douglas Benn, Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

1. The Report fully complies with the  requirements  of Section 13(a) or 15(d) of the Securities  Exchange
        Act of 1934, as amended; and
2. The  information  contained in the Report  fairly  presents,  in all material  respects,  the financial
        condition and results of operations of the Company.

/s/ W. Douglas Benn
_____________________
W. Douglas Benn
Chief Financial Officer
November 11, 2003

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 RARE Hospitality International, Inc. and will be retained
by RARE Hospitality International, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
#### Marlon BLACHER, aka Marlon Jessie Blacher, Plaintiff-Appellant, v. Ms. ANTONE, D Facility Librarian, Defendant-Appellee.

No. 15-56761

United States Court of Appeals, Ninth Circuit.

Submitted February 14, 2017 *

Filed February 23, 2017

Marlon Blacher, Pro Se

Michelle Des Jardins, Attorney, Sylvie Snyder, Esquire, Deputy Assistant Attorney General, AGCA—Office of the Attorney General (San Diego), San Diego, CA, for Defendant-Appellee

Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. '34(a)(2).

MEMORANDUM **

Marlon Blacher, aka Marlon Jessie Blacher, a California state prisoner, appeals pro se from the district court’s sum*546mary judgment for failure to exhaust administrative remedies in his 42 U.S.C. § 1983 action alleging denial of access to the courts. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, *Albino v. Baca,*747 F.3d 1162, 1171 (9th Cir. 2014), and we affirm.

The district court properly granted summary judgment because Blacher failed to raise a genuine dispute of material fact as to whether he exhausted his administrative remedies before filing his lawsuit or whether administrative remedies were “effectively unavailable.” *See Woodford v. Ngo,*548 U.S. 81, 90, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (the Prison Litigation Reform Act (“PLRA”) requires “proper exhaustion,” which means “using all steps that the agency holds out, and doing so properly (so that the agency addresses the issues on the merits)” (emphasis, citation, and internal quotation marks omitted)); *Sapp v. Kimbrell,*623 F.3d 813, 826 (9th Cir. 2010) (PLRA does not require exhaustion when remedies are “effectively unavailable”).

We reject as meritless Blacher’s contention that the district court failed to use Blacher’s correct legal name.

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. *See Padgett v. Wright,*587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provid*546ed by Ninth Circuit Rule 36-3.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

October 26, 2016

a1017 

# Order

Clerk October 26, 2016

152921

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 152921

COA: 328944

Wayne CC: 10

- 008679

- FC

RONALD BISHOP THOMPSON,

Defendant

- Appellant.

_____________________________________/

On order of the Court, the application for leave to appeal the November 19, 2015

order of the Court of Appeals is considered, and it is DENIED, b ecause the defendant has

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-40167 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus MARK BATTISTA, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas

USDC No. 1:96-CR-59

- - - - - - - - - - August 18, 1997 Before KING, HIGGINBOTHAM, and DUHÉ, Circuit Judges.
PER CURIAM: * Mark A. Battista appeals his sentence in a guilty-plea conviction for possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). He argues that the district court erred in assessing a four-point enhancement to his base offense level under U.S.S.G. § 2K2.1(b)(5) for possession of a firearm in connection with the possession of methamphetamine. We have reviewed the record and the briefs of the parties and conclude that the district court did not err in applyingNo. 97-40167 -2- § 2K2.1(b)(5). See United States v. Condren , 18 F.3d 1190, 1197- 98 (5th Cir. 1994). The judgment of the district court is
AFFIRMED.
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Joshua Collins v. The State of Texas

Appellate case number: 01

- 1 7

- 00 539

- CR

Trial court case number: D

- 1

- DC

- 16

- 3 0 0760

Trial court: 167th District Court of Travis County

The trial court found a ppellant, Joshua Collins , guilty of the felony offense of

robbery and assessed his punishment at confinement for thirty years. Appellant has filed a

“ Request to A bate A ppeal ,” asking that the Court “permanently abate this appeal,”

overturn his conviction, and remand the case to the trial court based on “the trial court’s

and the State’s failure to comply with the record keeping requirements” of Texas Code of

Criminal Procedure article 39.14

. The motion is ordered carried with the case

.

Appellant also has filed a second motion for an extension of time to file his brief.

The motion is granted . Appellant’s brief is due to be filed no later than 30 days from the

date of this order. See T EX

. R. A PP

. P. 38.6(d).

It is so ORDERED.

Judge’s signature: /s/ Russell Lloyd

 Acting individually  Acting for the Court

Date: October 3 1 , 2017
#### Weissman *v.*A. Weissman, Inc., Appellant.

Argued April 24, 1956.

Before Stern, C. J., Jones, Bell, Chidsey and Musmanno, JJ.

*Robert H. Arronson,*with him *Herbert H. Hadra*and *Maurice Freedman-,*for appellant.

*Wesley H. Caldwell,*with him *Roper é*Caldwell, for appellee.

*198May 21, 1956:

Opinion

Per Curiam,

This case presents another engagement in the war that has been raging for a number of years between members of the Weissman family. This is the fourth time that litigation between the same parties has reached this Court. The present appeal is from the discharge by the court below of a rule to open a judgment entered pursuant to the decision of this Court: See 382 Pa. 189, 114 A. 2d 797. In discharging the rule, the court stated that it was without power to open a judgment entered by it at the direction of an appellate court. However that may be, a review of the record in this case shows that the application to open the judgment is merely vexatious and entirely devoid of merit.

The order of the court below is affirmed at the cost of appellant.
Marcus PATTERSON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-235

District Court of Appeal of Florida, Fifth District.

Decision filed April 24, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Cynthia L. WOODS and Elijah Parks v. BANK OF NEW YORK MELLON, Bank of America, and Specialized Loan Servicing

2160114

Court of Civil Appeals of Alabama.

May 8, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

# RECEIVED JUL 13 2015 

## HEARING uOCKET In the Matter Of ) ) ) ) ) DocketNo. FAA-2014-0119 SpiritAvionics, LTD., Case No. 2012-GL-07-0056 Respondent.

MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINANT'S MOTION PENDINGTHE DECISION OFRESPONDENT'S MOTION TO STRIKE FILED ON 7-1-2015 Pursuant to 14 C.P.R. § 13.213, Respondent hereby moves for ao extension oftime to

answer the Motion for Decision filed by Complainant on July 1, 2015 pending the ALJ's decision on Respondent's Motion to Strike the same filed onJuly 2, 2015. Respondent filed its Motion for Decision on June 1, 2015. As per 14 C.P.R.§ 13.218 (d), Complainaot had 10 days to respond after service ofthat written motion. Complainaot responded to Respondent's Motion on July1,2015 with its own Motion for Decision. Both Complainaot's response aod niotion were out 'of rule, as the response was beyond 10 days after service of Responciimt's Motion aod the cut-off' date 

### for' dispositive motions was June 1, 2015. Accordingly, Respondent filed a Motion to Strike Complainaot's response and motion on July 1, 2015. Therefore, Respondenfrespectfully requests that theALJ graot this Motion for Extension ofTime torespono to Complainaot's July 1, 20I5 filing until after the ALI'has cdnsidered the Motionto Strike currentlypending before it.Respectfully submitted,

/ Eichenberger & Associates, Co. LPA / 6037 Frantz Road, Suite 107 / Dublin, Ohio 43017 Phone: 614-798-1600 Facsimile: 614-798-1620 Counsel forRespondent
CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing was served upon the following parties by U.S. Mail this 6th day ofJuly, 2015. FAA Hearing Docket 800 Independence Ave, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk AGC-430, Wilber Wright Building Suite 2W1000 Fax: 202-267-1293 The Honorable J.E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New JerseyAve, S.E. (Ell-310) Washington, D.C. 20590 Fax:202-366-7536 Kate Barber Federal Aviation Administration Office ofRegional Counsel, AGL-7B 2300 East DevonAvenue Des Plaines, TI!inois 60018 Fax: 847-294-7862

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..... 

## 1/ (/