alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 12-15-00080-CV IN THE COURT OF APPEALS FOR THE TWELFTH SUPREME JUDICIAL DISTRICT OF TEXAS IN THE MATTER OF THE MARRIAGE OFEDSEL AMOS DIXONAND HEATHER D. DIXONAND IN THE INTEREST OFASHLEYLYNNDIXON, A CHILD

IT OF APPEALS 12th Court of Appeals District On Appeal from the 354th Judicial District Court ofRains County, Texas In Cause No. 9544 n. \ CATHY S. LUSK, CLER}< AMENDED REQUEST TO POSTPONEALL APPEAL DEADLINES TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: 

### NOW COMES EDSEL AMOS DIXON, Appellant herein, and files this Request to postpone all appeal deadlines and would show the Court as follows: 

### 1. On May 8th, 2015 Appellantreceived the attachedExhibit "A" from the Rains County District Clerk in regards to Cause No. 9544. The Notice Of Jury Docket Setting sets the above referenced case on the Court'sjury trial docket for January 19th 2016 at 9:00am. 2. The setting ofthe above referenced case for Jury trial is a clear indication that the final judgment signed onJanuary 23, 2015 was infact notfinal. All issues and claims have not been decided, therefore saidjudgment signed on January 23, 2015 was not afinal 

### judgment or order, therefore making this appeal aprematurely filed appeal.

### Appellant would respectfully request pursuant to Tex. R. App. P. 27.1.(a) and 27.2. that this court accept this appeal as being prematurely filed and that all deadlines for 

### this appeal be postponed and restarted, holding in reserve all fees currently paid, pending aAmended Notice ofAppeal being filed pursuant tothe Texas Rules of 

### Appellate Procedure after aFINALjudgment of all issues has been signed.

4. This Request is not made for delay, but rather so that Appellant may have the opportunity to appeal all FINAL orders orjudgments decided in thiscause number if necessary.


### Wherefore premises considered, Appellantrequests thatthis Court grant the requested relief above, restarting this appeal, pending aAmended Notice of Appeal being filed after afinal judgment ofall issues has been reached.
Respectfully Submitted,

Edsel Amos Dixon Pro Se Litigant 732 Weddle Dr. Grapevine, TX 76051 682-301-0592 eddixon903@gmail.comCERTIFICATE OF CONFERENCE The undersigned hereby certifies thatAppellant has conferred orhasmade areasonable 

### attempt to confer with all parties to this appeal. Robert L. Roberts does NOT oppose the 

### reliefsought in this motion via telephone conference held on 7/27/2015. MrHenry C. Black, 

### attorney for HeatherDixon, would notreturn multiple telephone calls made to his office on ' 7/27/2015, therefore indicating the Attorney Mr Henry C. Blackholds no position on this motion.

i— 

## jzt Edsel A Dixon
CERTIFICATE OF SERVICE 

### This is to certify that atrue and correct copy of the above and foregoing was mailed to 

### RobertL. Roberts, 1260 RS County Road 1310, Point, Texas 75472 and Mr. Henry C. Black, 2510 Lee Street, Greenville, Texas 75402.

Edsel A Dixon
Shane R. PIERCE, et ux. v. Irma M. RODRIGUEZ, et al.

NO. 2018-CC-0587

Supreme Court of Louisiana.

June 1, 2018

Denied.
#### UNITED STATES of America, Plaintiff-Appellee, v. Wendell Antonio JOHNSON, Defendant-Appellant.

No. 17-6197

United States Court of Appeals, Fourth Circuit.

Submitted: June 20, 2017

Decided: June 23, 2017

Wendell Antonio Johnson, Appellant Pro Se. Jean Barrett Hudson, Assistant United States Attorney, Charlottesville, Virginia; Donald Ray Wolthuis, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Before SHEDD, WYNN, and DIAZ, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Wendell Antonio Johnson pled guilty to conspiracy to distribute cocaine and cocaine base and related offenses, and the district court sentenced him to 300 months’ imprisonment. On direct appeal, we affirmed in part and dismissed in part. Unit*ed States v. Johnson,*259 Fed.Appx. 542, 543-45 (4th Cir. 2007). In February 2017, 'Johnson filed a second notice of appeal of the same criminal judgment. Because we previously affirmed this criminal judgment, we dismiss the appeal as duplicative, and we deny his motion to place his appeal in abeyance pending a decision on his state court motion. 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 in the decisional process.

*DISMISSED*
#### Robert Finbar BROWN, Plaintiff-Appellant, v. PEACEHEALTH ST JOSEPH’S HOSPITAL; et al., Defendants-Appellees.

No. 16-35763

United States Court of Appeals, Ninth Circuit.

Submitted August 9, 2017 *

FILED AUGUST 14, 2017

Robert Finbar Brown, Blaine, WA, pro se.

D. Jeffrey Burnham, Esquire, Johnson, Graffe, Keay, Moniz & Wick, LLP, Seattle, WA, Lilia Lopez, AGWA-Office of the Attorney General, Olympia, WA, Daniel Lee Gibson, Chief Civil Deputy Prosecuting, Whatcom County Prosecutor’s office, Bell-ingham, WA, for Defendants-Appellees.

Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.

*

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

MEMORANDUM **

Robert Finbar Brown appeals pro se from the district court’s judgment dismissing as time-barred his action alleging federal and state law claims arising out of his wife’s death. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim under Fed. R. Civ. P. 12(b)(6) and on the basis of the applicable statutes of limitations. *Ventura Mobilehome Cmtys. Owners Ass’n v. City of San Buenaventura,*371 F.3d 1046, 1050 (9th Cir. 2004). We affirm.

The district court properly dismissed Brown’s action as barred by the applicable statutes of limitations. *See*Wash. Rev. Code § 4.16.350(3) (statute of limitations for injuries resulting from health care is three years from act or omission or one year from the date of actual knowledge of an act of fraud or concealment); *Bagley v. CMC Real Estate Corp.,*923 F.2d 758, 760 (9th Cir. 1991) (statute of limitations for 42 U.S.C. § 1983 claims in Washington state is three years from the date on which the *190plaintiff knows or has reason to know of the injury that is the basis of the claims).

The district court did not err by implicitly denying Brown’s partial motion for summary judgment because it was moot.

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).

Brown’s request for judicial notice (Docket Entry No. 44) is denied.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Mirylsa COLON, M.D., Appellant, v. MELI ORTHOPEDIC CENTERS OF EXCELLENCE, LLC, a Florida limited liability company, Appellee.

No. 4D18-660

District Court of Appeal of Florida, Fourth District.

[May 10, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
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 of Ariba, Inc. (the Company) on Form 10-K/A for the year ending September 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the Report), Robert M. Calderoni, as Chief Executive Officer of the Company, and James W. Frankola, as Chief Financial Officer of the Company, each hereby certifies, 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/    ROBERT M. CALDERONIRobert M. Calderoni President and Chief Executive Officer




January 27, 2004



/s/    JAMES W. FRANKOLAJames W. Frankola Executive Vice President and Chief Financial Officer




January 27, 2004
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule  contains summary financial  information  extracted from Form 10-Q
for the  quarter  ended  March  31,  1997 for  Hallwood  Consolidated  Resources
Corporation and is qualified in its entirety by reference to such From 10-Q.
</LEGEND>
<CIK>                         0000883953
<NAME>                        Hallwood Consolidated Resources Corporation
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              Dec-31-1997
<PERIOD-END>                                   Mar-31-1997
<CASH>                                         3,017
<SECURITIES>                                   0
<RECEIVABLES>                                  4,584
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               13,140
<PP&E>                                         281,714
<DEPRECIATION>                                 214,603
<TOTAL-ASSETS>                                 80,629
<CURRENT-LIABILITIES>                          12,911
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       111
<OTHER-SE>                                     45,912
<TOTAL-LIABILITY-AND-EQUITY>                   80,629
<SALES>                                        8,688
<TOTAL-REVENUES>                               9,135
<CGS>                                          0
<TOTAL-COSTS>                                  5,483
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             596
<INCOME-PRETAX>                                3,056
<INCOME-TAX>                                   91
<INCOME-CONTINUING>                            2,965
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   2,965
<EPS-PRIMARY>                                  3.18
<EPS-DILUTED>                                  3.18
        


</TABLE>
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT CERTIFIED PUBLICACCOUNTANTS**

 

RAE Systems Inc. 

Sunnyvale, California 94089 

 

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (No. 333-88684, 333-85720, 333-32678) of RAE Systems Inc.of our report dated January 28, 2003, relating to the consolidated financial statements, which appears in this Annual Report on Form 10-K. 

 

 

/s/    BDO SEIDMAN, LLP 

 

BDO Seidman, LLP 

San Jose, California 

 

February 24, 2003
Exhibit



Exhibit  10.3.1



AMENDMENT NO. 1 TO
SUPPLEMENTAL PROFIT SHARING PLAN FOR EMPLOYEES OF
TRINITY INDUSTRIES, INC. AND CERTAIN AFFILIATES AS
RESTATED EFFECTIVE JANUARY 5, 2005


WHEREAS, TRINITY INDUSTRIES, INC., a Delaware corporation (the “Company”), has heretofore adopted the SUPPLEMENTAL PROFIT SHARING PLAN FOR EMPLOYEES OF TRINITY INDUSTRIES, INC. AND CERTAIN AFFILIATES AS RESTATED EFFECTIVE JANUARY 1, 2005 (“the Plan”) for the benefit of certain executive and managerial employees; and
WHEREAS, pursuant to those provisions of the Plan permitting the Company to amend the Plan from time to time, the Company desires to amend the Plan to remove a requirement related to participation in the Profit Sharing Plan for Employees of Trinity Industries, Inc. and Certain Affiliates, as hereinafter provided;
NOW THEREFORE, Section 4.01(a) of the Plan is hereby amended to be and read as follows, effective January 1, 2011;
		
	(a)
	Compensation Reduction Contributions. For each Year, each Employer shall credit the Compensation Reduction Contribution Account of each of its Employees participating in the Plan with an amount agreed to be credited by such Employer pursuant to a Compensation Reduction Agreement entered into between the Employer and the Participant for such Year, as provided in Section 4.02 hereof.  The maximum amount that may be deferred each Plan Year shall be established by the Administrator from time to time.  Such Compensation Reduction Agreement shall include a separate deferral election for each of the following types of Compensation:


		
	(i)
	Base Compensation;


		
	(ii)
	Annual Incentive Compensation;


		
	(iii)
	Performance-Based Compensation; and






Exhibit  10.3.1



		
	(iv)
	For Plan Years beginning prior to January 1, 2005, Award Compensation.


IN WITNESS WHEREOF, tie Company has caused this instrument to be executed in its name and on its behalf of this     ay of _____________ 2011 effective as of January 1, 2011.


TRINITY INDUSTRIES, INC.
By:    /s/ S. Theis Rice        
Title:     Sr. V.P. & CLO




ATTEST:  /s/ William J. Goodwin
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 quarterly report of Mortons Restaurant Group, Inc. (Mortons) on
Form 10-Q for the quarter ended July 5, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Thomas J. Baldwin, the Chief Executive Officer of Mortons, certify, pursuant to 18 U.S.C.
§1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

(ii) The information contained in
the Report fairly presents, in all material respects, the financial condition and results of operations of Mortons.

Date: August 7, 2009





|                       
|-----------------------
|/s/ THOMAS J. BALDWIN  
|Thomas J. Baldwin      
|Chief Executive Officer
|
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6005 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 6005

   To amend the Consolidated Appropriations Act, 2023, to expand the 
  replacement of stolen EBT benefits under the supplemental nutrition 
                          assistance program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 19, 2023

Mr. Ruppersberger (for himself and Mr. Lawler) introduced the following 
                                  bill

                            October 25, 2023

                Referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL

 
   To amend the Consolidated Appropriations Act, 2023, to expand the 
  replacement of stolen EBT benefits under the supplemental nutrition 
                          assistance program.

    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 ``Fairness for Victims of SNAP 
Skimming Act of 2023''.

SEC. 2. REPLACEMENT OF STOLEN EBT BENEFITS.

    Section 501(b)(2) of division HH of the Consolidated Appropriations 
Act, 2023 (Public Law 117-328) is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) shall be equal to the amount of benefits 
                stolen from the household; and'';
            (2) in subparagraph (B), by striking ``and'' at the end; 
        and
            (3) by striking subparagraph (C).
                                 <all>
```
**EXHIBIT 32.1**

 

**CERTIFICATION**

**PURSUANT TO 18 U.S.C. SECTION 1350**

 

In connection with the Annual Report of Terra Energy & Resource Technologies, Inc. (the “Company”) on Form 10-KSB for the fiscal year ended December 31, 2006, as filed with the Securities and Exchange Commission on the date therein specified (the “Report”), I, Eric M. Weiss, as Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, that:

 

| (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|-----|-----------------------------------------------------------------------------------------------------------------------|

 

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

 

 

| /s/ Eric M. Weiss |
|-------------------|

Eric M. Weiss

Chief Financial Officer

April 17, 2007
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED STATEMENTS OF OPERATIONS AND CONSOLIDATED BALANCE SHEETS FILED AS
PART OF THE APACHE MEDICAL SYSTEMS, INC. FORM 10-Q FOR THE QUARTERLY PERIOD
ENDED JUNE 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FORM
10-Q FOR THE QUARTERLY PERIOD ENDED JUNE 30, 1999.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                           5,258
<SECURITIES>                                     1,048
<RECEIVABLES>                                    4,761
<ALLOWANCES>                                     1,138
<INVENTORY>                                          0
<CURRENT-ASSETS>                                10,540
<PP&E>                                           3,596
<DEPRECIATION>                                   2,979
<TOTAL-ASSETS>                                  12,248
<CURRENT-LIABILITIES>                            7,404
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            73
<OTHER-SE>                                       4,688
<TOTAL-LIABILITY-AND-EQUITY>                    12,248
<SALES>                                          3,629
<TOTAL-REVENUES>                                 3,629
<CGS>                                            1,220
<TOTAL-COSTS>                                    1,220
<OTHER-EXPENSES>                                 2,019
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  81
<INCOME-PRETAX>                                    471
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                471
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       471
<EPS-BASIC>                                       0.06
<EPS-DILUTED>                                     0.06


</TABLE>
#### Robert G. MODRALL, Appellant v. JOHNS HOPKINS UNIVERSITY, SAIS, et al., Appellees

No. 16-7095

September Term, 2016

United States Court of Appeals, District of Columbia Circuit.

Filed On: February 28, 2017

Robert G. Modrall, Pro Se

BEFORE: Rogers and Kavanaugh, Circuit Judges, and Ginsburg, Senior Circuit Judge

JUDGMENT

Per Curiam

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by appellant. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the district court’s order, filed August 2, 2016, dismissing the complaint without prejudice for failure to comply with Federal Rule of Civil Procedure 8(a), be affirmed. The district court did not abuse its discretion in so ruling. See Ciralsky v. CIA, 355 F.3d 661, 668 (D.C. Cir. 2004). Rule 8 requires “a short and plain statement of the grounds for the court’s jurisdiction” and “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(1), (2). The underlying complaint failed to satisfy that minimal standard.

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.
Jeffrey A. MACPHERSON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-3750

District Court of Appeal of Florida, Fifth District.

Decision filed April 10, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Exhibit 32

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 this quarterly report of Nanophase Technologies Corporation (the Company) on Form 10-Q for the quarter
ending June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), we, Jess A. Jankowski, Chief Executive Officer of the Company, and Frank J. Cesario, 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, to our knowledge:

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

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

Date: August 9, 2010



/s/ JESS A. JANKOWSKIJess A. JankowskiChief Executive Officer/s/ FRANK J. CESARIOFrank J. CesarioChief Financial Officer
Earl ROBERSON, Appellant, v. The STATE of Florida, Appellee.

No. 3D17-2049

District Court of Appeal of Florida, Third District.

Opinion filed January 24, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
1

 No affidavit of indigence has ever been filed.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00495-CV

Maria A. Miccoli, Appellant

v.

Jeffrey Copenhaver, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 331ST JUDICIAL DISTRICT

NO. 495386, HONORABLE SUSAN D. SHEPPARD, JUDGE PRESIDING 

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

The clerk’s record and reporter’s record in this cause were due on August 8, 2003.

In response to a notification from the Clerk of this Court concerning the overdue records, the district

clerk’s office of Travis County and the court reporter for the cause notified this Court that appellant

had not made payment arrangements. No affidavit of indigence was filed with or before the notice

of appeal.1 Tex. R. App. P. 20.1(c)(1) (affidavit of indigence must be filed in trial court with or

before notice of appeal). By letter of November 21, 2003, this Court notified appellant that the

record problem had to be cured by December 5, 2003, or the appeal would be dismissed for want of

prosecution. See Tex. R. App. P. 37.3(b) (if no clerk’s record filed due to appellant’s failure to pay

for record or make payment arrangements, court may dismiss appeal for want of prosecution). To
2

date, appellant has not made payment arrangements. Accordingly, we dismiss the appeal for want

of prosecution. See Tex. R. App. P. 42.3(b) (dismissal for want of prosecution).

__________________________________________

Bob Pemberton, Justice

Before Justices Kidd, Puryear and Pemberton

Dismissed for Want of Prosecution

Filed: January 23, 2004