alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Roy Franklin ECHOLS, Jr., Plaintiff- Appellant, v. CSX TRANSPORTATION, INCORPORATED, Defendant-Appellee.

No. 17-6827

United States Court of Appeals, Fourth Circuit.

Submitted: October 17, 2017

Decided: October 20, 2017

Roy Franklin Echols, Jr., Appellant Pro Se. Dustin Mitchell Paul, VANDEVEN-TER BLACK, LLP, Norfolk, Virginia, for Appellee.

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

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Roy Franklin Echols, Jr., appeals the district court’s order dismissing, as time-barred, his action brought pursuant to the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51 to 60 (2012). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Echols v. CSX Transp., Inc.,*No. 3:16-cv-00294-REP-RCY, 2017 WL 2569734 (E.D. Va. June 13, 2017). We grant Echols’ motion for leave to proceed in forma pauperis ***
      **but deny his motions for appointment of counsel and to compel production of documents. 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.

*AFFIRMED*

Appellant's in forma pauperis status is conditioned on payment of the filing fee in installments under the Prison Litigation Reform Act, in accordance with the court's order of July 18, 2017.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER GRANTING REHEARING

Appellate case name: NLD, Inc. v. Kenny Huang a/k/a Kenny Hsieh-Huang

Appellate case number: 01-17-00885-CV

Trial court case number: 2017-020259

Trial court: 333rd District Court of Harris County

The court grants Appellee Kenny Huang’s motion for rehearing and vacates its opinion 

and judgment dated December 6, 2018. Appellee Kenny Huang’s motion for en banc 

reconsideration is moot.

The court will issue a separate order scheduling this case for oral argument.

Justice’s signature: /s/ Evelyn Keyes

Acting for the Court

Panel consists of: Justices Keyes and Lloyd

Date: February 14, 2019
# Official Journal C 112/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.112.eng |
| --- | --- |
| Official Journal
  of the European Union | C 112 |
| | |
| English edition | Information and Notices | Volume 5619 April 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.112.eng

Official Journal

of the European Union

C 112

English edition

Information and Notices

Volume 5619 April 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 112/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (1) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 112/01

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (1)

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 112/02 | Euro exchange rates | 5 |
| | Court of Auditors |
| 2013/C 112/03 | Special Report No 23/2012 ‘Have EU Structural Measures successfully supported the regeneration of industrial and military brownfield sites?’ | 6 |
| | NOTICES FROM MEMBER STATES |
| 2013/C 112/04 | Notice of the Ministry of Economic Development of the Italian Republic pursuant to Article 3(2)(b) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons | 7 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 112/02

Euro exchange rates

5

Court of Auditors

2013/C 112/03

Special Report No 23/2012 ‘Have EU Structural Measures successfully supported the regeneration of industrial and military brownfield sites?’

6

NOTICES FROM MEMBER STATES

2013/C 112/04

Notice of the Ministry of Economic Development of the Italian Republic pursuant to Article 3(2)(b) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

7

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2013/C 112/05 | Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39.847/E-BOOKS (1) | 9 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2013/C 112/05

Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39.847/E-BOOKS (1)

9

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
#### Alvin ABANO, Plaintiff-Appellant, v. OCWEN LOAN SERVICING, LLC; et al., Defendants-Appellees.

No. 16-55325

United States Court of Appeals, Ninth Circuit.

Argued and Submitted November 16, 2017 Pasadena, California

Filed November 22, 2017

Michael James Yesk, Esquire, Attorney, Yesk Law, Pleasant Hill, CA, for Plaintiff-Appellant

Hassan Elrakabawy, Yukevich Cava-naugh, Los Angeles, CA, Brian A. Paino, Dhruv M. Sharma, McGlinchey Stafford, Irvine, CA, for Defendant-Appellee Ocwen Loan Servicing, LLC, HSBC Bank USA, National Association, Mortgage Electronic Registration Systems, Inc.

Brian A. Paino, Dhruv M. Sharma, McGlinchey Stafford, Irvine, CA, for Defendant-Appellee Western Progressive, LLC

Before: KOZINSKI and IKUTA, Circuit Judges, and GETTLEMAN,* District Judge.

*

**The Honorable Robert W. Gettleman, United States District Judge for the Northern District of Illinois, sitting by designation.

*694MEMORANDUM **

Abano appeals from the district court’s order dismissing his complaint for wrongful foreclosure, to quiet title to real property, and for violations of section 2924.17 of the California Civil Code and section 17200 of the California Business and Professions Code. We have jurisdiction under 28 U.S.C. § 1291.

The deed of trust signed by Abano gives MERS the right to exercise the interests of MortgagelT and its successors and assigns under the security agreement; nothing in the deed of trust or our case law, *see Cervantes v. Countrywide Home Loans, Inc.,*656 F.3d 1034 (9th Cir. 2011), limits this authority to lenders who are members of the MERS registry. Therefore, MERS had the authority to assign and transfer the beneficial interest of the deed of trust to HSBC and to substitute ETS as the trustee under the deed of trust.

Any irregularities in the assignment of the loan and deed of trust to HSBC, as trustee for DBALT 2007-3, would render the assignment voidable rather than void, and therefore Abano lacks standing to challenge such irregularities. *See In re Turner,*859 F.3d 1145, 1149 (9th Cir. 2017); *Saterbak v. JPMorgan Chase Bank, N.A.,*245 Cal. App. 4th 808, 815, 199 Cal.Rptr.3d 790 (2016).

Because the defendants have the authority to institute nonjudicial foreclosure proceedings, Abano’s claims based on wrongful foreclosure and a violation of section 2924.17 fail, as does his quiet title action. His claim under section 17200 fails due to the lack of a predicate offense. *See Wolski v. Fremont Inv. & Loan,*127 Cal. App. 4th 347, 357, 25 Cal.Rptr.3d 500 (2005).1

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

1

. We grant defendants' motion for judicial notice of the Notice of Default and Notice of Rescission, which are matters of public record, *see Lee v. City of Los Angeles,*250 F.3d 668, 690 (9th Cir. 2001), and deny the motion for judicial notice of the MERSCORP member search printout, because it is not “readily verifiable.” *Reyn’s Pasta Bella, LLC v. Visa USA, Inc.,*442 F.3d 741, 746 n.6 (9th Cir. 2006).
II

104TH CONGRESS

1ST SESSION S. J. RES. 45

Proposing an amendment to the Constitution of the United States in order

to ensure that private persons and groups are not denied benefits or

otherwise discriminated against by the United States or any of the

several States on account of religious expression, belief, or identity.

IN THE SENATE OF THE UNITED STATES

DECEMBER 21, 1995

Mr. HATCH introduced the following joint resolution; which was read twice

and referred to the Committee on the Judiciary

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United

States in order to ensure that private persons and groups

are not denied benefits or otherwise discriminated

against by the United States or any of the several States

on account of religious expression, belief, or identity.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled (two3 thirds of each House concurring therein), That the follow4 ing article is proposed as an amendment to the Constitu5 tion of the United States, which shall be valid to all intents

6 and purposes as part of the Constitution when ratified by

7 the legislatures of three-fourths of the several States with-
2

•SJ 45 IS

1 in seven years after the date of its submission by the Con2 gress:

3 ‘‘ARTICLE—

4 ‘‘Neither the United States nor any State shall deny

5 benefits to or otherwise discriminate against any private

6 person or group on account of religious expression, belief,

7 or identity; nor shall the prohibition on laws respecting

8 an establishment of religion be construed to require such

9 discrimination.’’.

Æ
II

104TH CONGRESS

1ST SESSION S. J. RES. 8

Proposing an amendment to the Constitution of the United States to prohibit

retroactive increases in taxes.

IN THE SENATE OF THE UNITED STATES

JANUARY 4, 1995

Mr. COVERDELL (for himself, Mrs. HUTCHISON, Mr. SMITH, Mr. LOTT, Mr.

HELMS, Mr. KEMPTHORNE, Mr. CRAIG, Mr. SHELBY, Mr. MCCAIN, Mr.

WARNER, and Mr. ROTH) introduced the following joint resolution; which

was read twice and referred to the Committee on the Judiciary

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United

States to prohibit retroactive increases in taxes.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled (two3 thirds of each House concurring therein), That the follow4 ing article is proposed as an amendment to the Constitu5 tion of the United States, which shall be valid to all intents

6 and purposes as part of the Constitution when ratified by

7 the legislatures of three-fourths of the several States with8 in seven years from the date of its submission by the Con9 gress:
2

•SJ 8 IS

1 ‘‘ARTICLE—

2 ‘‘SECTION 1. No Federal tax shall be imposed for the

3 period before the date of enactment of the tax.

4 ‘‘SECTION 2. This article shall take effect the date

5 of its ratification.’’.

Æ
III

104TH CONGRESS

2D SESSION S. RES. 291

To designate November 18, 1996, as ‘‘American Free Enterprise Day’’.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 13, 1996

Mr. BROWN submitted the following resolution; which was referred to the

Committee on the Judiciary

SEPTEMBER 28, 1996

Committee discharged; considered and agreed to

RESOLUTION

To designate November 18, 1996, as ‘‘American Free

Enterprise Day’’.

Whereas American prosperity is founded on the free enterprise system of individual opportunity and economic freedom;

Whereas the roots of American free enterprise can be found

in the experiences of the people of Jamestown and Plymouth, the earliest American colonies;

Whereas the basis of free enterprise is the right to ownership

of private property, which ensures to individuals the

fruits of their own labor and encourages the virtues of

self-reliance, thrift, and industriousness;
2

SRES 291 ATS

Whereas the settlers at Jamestown and Plymouth were initially deprived of the fruits of their own labor and therefore lacked the incentive for private initiative and hard

work;

Whereas William Bradford, Governor of the Plymouth Plantation, wrote that in response to the misery and want experienced by the people of Plymouth he decided ‘‘that

they should set corn every man for his own particular;

and that regard trust to themselves . . . . This had very

good success, for it made all hands very industrious, so

as much more corn was planted than otherwise would

have been by any means the Governor or any other could

use.’’;

Whereas on November 18, 1618, ‘‘The Great Charter’’ endowed the colonists of Virginia with the right to profit

from property under their individual control for the first

time; and

Whereas the result of the Great Charter was a blossoming of

individual initiative and self-sufficiency that laid the

foundations for the American tradition of economic freedom, prosperity, and self-government: Now, therefore, be

it

1 Resolved, That the Senate—

2 (1) commends the men and women of our first

3 colonies who began the American tradition of hard

4 work and individual initiative;

5 (2) honors all those who have defended the

6 right of individuals to own property, pursue their

7 own initiative, and to reap the fruits of their own

8 labor; and
3

SRES 291 ATS

1 (3) designates November 18, 1996, as ‘‘Amer2 ican Free Enterprise Day’’.

3 The President is authorized and requested to issue a proc4 lamation calling upon the people of the United States and

5 Federal, State, and local administrators to observe the day

6 with appropriate programs, ceremonies, and activities.

Æ
EXHIBIT 32.2
                                                                    ------------

                            CERTIFICATION PURSUANT TO
                             18 U.S.C SECTIONS 1350,
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACTS OF 2002

In connection with the Quarterly Report of Wireless Xcessories Group, Inc. (the
"Company") on Form 10-QSB for the quarter ended March 31, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the Report"), I Ronald E.
Badke, 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, to the best of my knowledge, 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.




By /s/ Ronald E. Badke
   ------------------
   Ronald E. Badke
   Chief Financial Officer
   May 11, 2006
# EUR-Lex - 32004D0023 - EN

Avis juridique important

*|*

# 32004D0023

**2004/23/EC: Commission Decision of 29 December 2003 providing for the initiation of an investigation pursuant to Article 27(2) of Council Regulation (EC) No 2501/2001 with respect to the violation of freedom of association in Belarus **

*
Official Journal L 005 , 09/01/2004 P. 0090 - 0090 *

Commission Decision

of 29 December 2003

providing for the initiation of an investigation pursuant to Article 27(2) of Council Regulation (EC) No 2501/2001 with respect to the violation of freedom of association in Belarus

(2004/23/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2501/2001 of 10 December 2001 applying a scheme of generalised tariff preferences for the period from 1 January 2002 to 31 December 2004(1), as last amended by Commission Regulation (EC) No 1686/2003(2), and in particular Article 27(2) thereof,

Whereas:

(1) The Commission has received information on alleged violations of freedom of association in Belarus. The information was jointly supplied by the International Confederation of Free Trade Unions (ICFTU), the European Trade Union Confederation (ETUC) and the World Confederation of Labour (WCL).

(2) Article 26(1)(b) provides for the temporary withdrawal of tariff preferences, in respect of all or of certain products, originating in a beneficiary country for "serious and systematic violation of the freedom of association, the right to collective bargaining or the principle of non-discrimination in respect of employment and occupation, or use of child labour, as defined in the relevant ILO Conventions".

(3) The Commission has examined the submitted information pertaining to alleged violations of freedom of association in Belarus. The alleged violations relate to restrictions upon the right of workers and employers to establish organisations of their own choosing without interference by the public authorities, interference by the public authorities in trade union elections, limitation of trade union activities and repression of trade union leaders and activists, as defined in the Freedom of Association and Protection of the Right to Organise Convention No 87 and the Right to Organise and Collective Bargaining Convention No 98 of the International Labour Organisation. The Commission considers that there are sufficient grounds for an investigation.

(4) The measures provided for in this Decision are in accordance with the opinion of the Generalised Preferences Committee,

HAS DECIDED AS FOLLOWS:

Sole Article

The Commission shall initiate an investigation into alleged violations of freedom of association in Belarus.

Done at Brussels, 29 December 2003.

For the Commission

Pascal Lamy

Member of the Commission

(1) OJ L 346, 31.12.2001, p. 1.

(2) OJ L 240, 26.9.2003, p. 8.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

OPEN MRI OF DAYTONA a/a/o TONY ROBINSON,

Appellant,

v.

DIRECT GENERAL INSURANCE COMPANY,

Appellee.

No. 4D21-1148

[March 24, 2022]

Appeal from the County Court for the Seventeenth Judicial Circuit, 

Broward County; Natasha DePrimo, Judge; L.T. Case No. COWE19-

015594.

Christina M. Kalin and John C. Daly of Daly & Barber, P.A., Plantation, 

for appellant.

William J. McFarlane, III, and Michael K. Mittelmark of McFarlane 

Dolan & Prince, Coral Springs, for appellee.

PER CURIAM.

Affirmed.

DAMOORGIAN, FORST and ARTAU, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### Nathanael HARSY, Plaintiff-Appellant, v. MID-AMERICA APARTMENT COMMUNITIES, INC.; Mid-America Apartments, L.P.; Midway Services, Inc., Defendants-Appellees.

No. 17-1879

United States Court of Appeals, Fourth Circuit.

Submitted: November 21, 2017

Decided: November 27, 2017

Nathanael Harsy, Appellant Pro Se. Laura W. Hays, LYNCH, CORNETT, HAYES *&*SELI, P.C., Richmond, Virginia; David Patrick Corrigan, Melissa Yvonne York, HARMAN CLAYTOR CORRIGAN & WELLMAN, P.C., Glen Allen, Virginia, for Appellees.

Before WYNN and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Nathanael Harsy seeks to appeal the district court’s order dismissing as without merit his civil complaint. 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 June 23,2017. Harsy filed the notice of appeal on July 25, 2017. Because Harsy failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the *244appeal. 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*
# EUR-Lex - 32003D0806(01) - EN

Avis juridique important

*|*

# 32003D0806(01)

**Council Decision of 22 July 2003 appointing the Netherlands member of the Management Board of the European Centre for the Development of Vocational Training **

*
Official Journal C 186 , 06/08/2003 P. 0001 - 0001 *

Council Decision

of 22 July 2003

appointing the Netherlands member of the Management Board of the European Centre for the Development of Vocational Training

(2003/C 186/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof(1),

Having regard to the nomination submitted by the Netherlands Government,

Whereas:

(1) By its Decision of 6 March 2003(2), the Council appointed the members of the Management Board of the European Centre for the Development of Vocational Training for the period from 6 March 2003 to 5 March 2006, except for the Netherlands representative.

(2) The Netherlands member of the Management Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 5 March 2006,

HAS DECIDED AS FOLLOWS:

Article 1

The following person is hereby appointed member of the Management Board of the European Centre for the Development of Vocational Training for the period from 21 July 2003 to 5 March 2006:

I. GOVERNMENT REPRESENTATIVE

NETHERLANDS: Ms C. H. M. JULICHER.

Article 2

This Decision shall be published, for information, in the Official Journal of the European Union.

Done at Brussels, 22 July 2003.

For the Council

The President

G. Alemanno

(1) OJ L 39, 13.2.1975, p. 1. Regulation as last amended by Regulation (EC) No 354/95 (OJ L 41, 23.2.1995, p. 1).

(2) OJ C 64, 18.3.2003, p. 4.
# Official Journal C 127/2014

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 127 |
| | |
| English edition | Information and Notices | Volume 5726 April 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 127

English edition

Information and Notices

Volume 5726 April 2014

---

| Notice No | Contents | page |
| --- | --- | --- |
| | III   Preparatory acts |
| | COUNCIL |
| 2014/C 127/01 | Position (EU) No 7/2014 of the Council at first reading in view of the adoption of a decision of the European Parliament and of the Council establishing a Union action for the European Capitals of Culture for the years 2020 to 2033 and repealing Decision No 1622/2006/EC Adopted by the Council on 24 March 2014 | 1 |

Notice No

Contents

page

III   Preparatory acts

COUNCIL

2014/C 127/01

Position (EU) No 7/2014 of the Council at first reading in view of the adoption of a decision of the European Parliament and of the Council establishing a Union action for the European Capitals of Culture for the years 2020 to 2033 and repealing Decision No 1622/2006/EC Adopted by the Council on 24 March 2014

1

---

| EN | |
| --- | --- |

EN