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

San Antonio, Texas

MEMORANDUM OPINION

No. 04-19-00535-CR

Jason David KIMBALL,

Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 2018CR10002

Honorable Catherine Torres-Stahl, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice

Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice

Delivered and Filed: September 11, 2019

DISMISSED

The trial court’s certification in this appeal states that “this criminal case is a plea-bargain 

case, and the defendant has NO right of appeal.” The clerk’s record contains a written plea bargain, 

and the punishment assessed did not exceed the punishment recommended by the prosecutor and 

agreed to by the defendant; therefore, the trial court’s certification accurately reflects that the 

underlying case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2). 

Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be 

dismissed if a certification that shows the defendant has a right of appeal has not been made part 
04-19-00535-CR

- 2 -

of the record under these rules.” TEX. R. APP. P. 25.2(d). On August 21, 2019, we ordered that 

this appeal would be dismissed pursuant to rule 25.2(d) unless an amended trial court certification 

showing that the appellant has the right of appeal was made part of the appellate record by 

September 19, 2019. See TEX. R. APP. P. 25.2(d); 37.1; see also Dears v. State, 154 S.W.3d 610 

(Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, no 

pet.). 

Appellant’s counsel has filed a written response stating that counsel reviewed the record 

and “can find no certified right of appeal for appellant.” As a result, counsel concedes this court 

“must dismiss the instant attempted appeal.” See TEX. R. APP. P. 25.2(d); 37.1; see also Daniels 

v. State, 110 S.W.3d 174, 177 (Tex. App.—San Antonio 2003, no pet.). In light of the record 

presented, we agree with appellant’s counsel that Rule 25.2(d) requires this court to dismiss this 

appeal. Accordingly, this appeal is dismissed.

PER CURIAM

DO NOT PUBLISH
#### Edward JACKSON, Plaintiff-Appellant, v. BANK OF AMERICA, a Corporation, erroneously sued as Bank of America NA, Defendant-Appellee.

No. 17-55819

United States Court of Appeals, Ninth Circuit.

Submitted February 13, 2018 *

Filed February 23, 2018

Edward Jackson, Pro Se

Jan T. Chilton, Attorney, Mark Joseph Kenney, Severson *&*Werson APC, San Francisco, CA, Kerry W. Franich, Sever-son *&*Werson, Irvine, CA, for Defendant-Appellee

Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.

*

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

MEMORANDUM **

Edward Jackson appeals pro se from the district court’s judgment dismissing his action alleging violations of the Equal Credit Opportunity Act (“ECOA”) and Federal Credit Reporting Act (“FCRA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Fed. R. Civ. P. 12(b)(6), *Hebbe v. Pliler, 627*F.3d 338, 341 (9th Cir. 2010), and we affirm.

The district court properly dismissed Jackson’s action because Jackson failed to *640allege facts sufficient to state any plausible claim and because Jackson’s claims are time-barred. *See id.*at 341-42 (although pro se pleadings are liberally construed, a plaintiff must allege facts sufficient to state a plausible claim); *see also*15 U.S.C. § 1961e(f) (statute of limitations for claims under the ECOA); *Gorman v. Wolpoff & Abramson, LLP,*584 F.3d 1147, 1153-54 (9th Cir. 2009) (setting forth disclosure requirements under the FCRA).

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

We reject as unsupported by the record Jackson’s contention that the district court dismissed his action because of a mere typographical error or failed to hold him to a less stringent standard as a pro se litigant.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
#### COM. v. SWIFT, J.

1446 WDA 2016

Superior Court of Pennsylvania.

09/29/2017

CP-02-CR-0010284-2015

(Allegheny)

Affirmed
* 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. 97-50562 Summary Calendar

__________________
SHANNON DAY, Plaintiff-Appellant,

versus GARY PAINTER, Sheriff of Midland County, Tex., Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. MO-94-CV-223

- - - - - - - - - - February 25, 1998 Before DUHE, DeMOSS and DENNIS, Circuit Judges.
PER CURIAM: * Shannon Day, a Texas prisoner (# 683576), appeals from the district court's denial of his “Motion for New Trial,” which was actually framed as a motion for relief from judgment pursuant to
F ED . R. C IV . P. 60(b)(2) and (b)(3), in his civil rights action. Because Day’s motion was not filed until June 27, 1997, and the district court had entered judgment in his action on March 7, 1996, the district court did not abuse its discretion in denyingNo. 97-50562 -2- his “Motion for New Trial” as time-barred. See Wilson v. JohnsManville Sales Corp. , 873 F.2d 869, 871-72 (5th Cir. 1989); Rule 60(b) (motion for relief from judgment brought pursuant to subsections (b)(2) or (b)(3), for “newly discovered evidence” or “fraud,” must be “made . . . not more than one year after the judgment . . . was entered”). Insofar as Day sought relief under Rule 60(b)’s “savings clause,” which states that a party may be granted relief from judgment for “fraud on the court,” the district court’s denial of Day’s “Motion for New Trial” was also not an abuse of discretion. Day’s primary assertion has been that defendant Painter provided false, misleading, and incomplete answers to discovery requests. Even if Day’s allegations were taken as true, this is not sufficiently egregious misconduct to warrant relief under the “savings clause.” See Wilson , 873 F.2d at 872; Rozier v. Ford
Motor Co. , 573 F.2d 1332, 1338-39 (5th Cir. 1978).
AFFIRMED.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Justice

###### Parole Commission

# DATE AND TIME: 

Thursday April 14, 2022, at 2 p.m.

# PLACE: 

U.S. Parole Commission, 90 K Street NE, 3rd Floor, Washington, DC.

# STATUS: 

Open.

# MATTERS TO BE CONSIDERED:

1. Approval of October 14, 2021 Quarterly Meeting minutes.

2. Verbal Pandemic Updates since October Quarterly Meeting from the Acting Chairman, Commissioner, Acting Chief of Staff/Case Operations Administrator, Case Services Administrator, Executive Officer, and General Counsel.

3. Verbal update from Jordana Cunningham regarding RSAT and other treatment programs being utilized.

4. Update on the PAVER program.

# CONTACT PERSON FOR MORE INFORMATION: 

Jacquelyn Graham, Staff Assistant to the Chairman, U.S. Parole Commission, 90 K Street NE, 3rd Floor, Washington, DC 20530, (202) 346-7010.

Dated: April 4, 2022.

Patricia K. Cushwa,

Chairman (Acting), U.S. Parole Commission.

[FR Doc. 2022-07441 Filed 4-4-22; 4:15 pm]

BILLING CODE 4410-31-P
<PAGE>
 
                                   FORM 8-K
                       SECURITIES AND EXCHANGE COMMISSION
                             WASHINGTON, D.C. 20549


                                 CURRENT REPORT

    Pursuant to Section 13 or 15(d)  of the Securities Exchange Act of 1934
 
       Date of Report (Date of earliest event reported): August 4, 1997


                         COMMISSION FILE NUMBER 1-13068

                                  IRATA, INC.
                              (Name of registrant)
 
         TEXAS                                             76-0366015
(State of incorporation)                              (IRS Employer
                                                        Identification No.)
 
8554 KATY FREEWAY, SUITE  100, HOUSTON, TEXAS                  77024
(Address of principal executive offices)                    (Zip Code)
 
Registrant's telephone number, including area code    (713) 467-4300
 
<PAGE>
 
ITEM 5. OTHER EVENTS

     Exhibits
 
     99.1  Press Release of Irata, Inc. dated August 8, 1997 (filed herewith)
     99.2  Agreement To Form Company dated August 1, 1997 (filed herewith)
<PAGE>
 
                                   SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.


                                     IRATA, INC.
                                     (Registrant)

Date:  August 8, 1997                /s/ Lance P. Wimmer
                                     -------------------
                                     Lance P. Wimmer
                                     President and Chief Executive Officer
<PAGE>

                                                                 EXHIBIT 10.6(A)

                  INSTRUMENT AMENDING LYONDELL PETROCHEMICAL
                      EXECUTIVE LONG-TERM DISABILITY PLAN



LYONDELL PETROCHEMICAL COMPANY hereby amends, effective January 1, 1995, the

Lyondell Petrochemical Company Executive Long-Term Disability Plan as follows:



SECTION 1.3, DEFINITIONS, subsection (b), Annual Incentive Award, is deleted and
subsections 

(c) through (x) are relettered (b) through (w), respectively.


SECTION 1.3, DEFINITIONS, subsection (t), Salary, is amended to read as follows:

     (t) Salary means a Participant's regular monthly base rate of salary in
     effect as of the date the Participant becomes Totally or Residually
     Disabled, as applicable, plus the greater of: (i) one-twelfth (8.33
     percent) of the annual average of the Participant's Value Share Plan Awards
     paid in the 36 month period prior to the date the Participant became
     Totally or Residually Disabled or (ii) one twelfth (8.33 percent) of the
     highest annual average of the Participant's Value Share Plan Awards paid in
     any consecutive three year period during the ten year period prior to the
     date the Participant became Totally or Residually disabled and during which
     period the Participant was eligible to receive Value Share Plan Awards or
     Annual Incentive Plan Awards from the Company (or if fewer than ten, during
     the total number of years for which the Participant was eligible to receive
     Value Share Plan Awards or Annual Incentive Plan Awards from the Company
     prior to the date the Participant became Totally or Residually Disabled).

     For purposes of this definition, if the Participant has been paid a Value
     Share Plan Award for only a portion of that 36 month period, then the
     annual average shall be the annual average of the Participant's Value Share
     Plan Awards and any awards previously received during that 36 month period
     under the Company's Annual Incentive Award Plan.
<PAGE>
 
SECTION 1.3, DEFINITIONS, is amended to add subsection (x), Value Share Plan
Award, to read

as follows:

(x) Value Share Plan Award means the amount of the cash award, if any received
by a Participant under the Company's Value Share Plan, Management Value Share
Plan or any similar type incentive plan maintained by the Company.  Value Share
Plan Award does not include Deferred Cash as such term is used in the Company's
Value Share Plan or Management Value Share Plan.



IN WITNESS WHEREOF, LYONDELL PETROCHEMICAL COMPANY, by and through

its duly authorized officer, has caused this Instrument to be executed on this
18th day of

December, 1995.



ATTEST:                             LYONDELL PETROCHEMICAL COMPANY

BY:/s/ Gerald A. O'Brien            BY:/s/ Richard W. Park                 
   ------------------------            ------------------------
   Assistant Secretary                 Richard W. Park
                                       Vice President, Human Resources
### SERVE D DECEMBE

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y Action) DM S NO . FAA-2010-108 1 NOTIC E O FASSIGNMEN T OFPROCEEDIN G Thi s proceedin g (heretofor

e designatedas Cas e No . 2009AL700103 ) has bee n assigne dt o Administrativ e La

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d othe r communication s regardin g thi s proceeding shal l b e servedon th e Judge , the FA A Hearin g Docket , an

dth e othe r person s o n the attachedServic e List .

Attachmen t - Servic e Lis t tonni e A . Yodei > Chie f Administrativfriia

w Jud pFA A Docke t No . CP10AL000 5 (Civi l Penalt y Action ) SERVIC E LIS T ORIGINA L & ON E COP Y Federal Aviatio n Administratio n 80 0 Independenc e Avenue , S.W . Washington , D C 2059 1 Attention : Hearin g Docke t Clerk , AGC-43 0 Wilbu r Wrigh t Building—Suit e 2W1000 ' ON E COP Y Lis aGamache-Wortman, Responden t P.O . Bo x 1279 3 Olympia , W A 98508-279 3 Scot t R . Morris , Complainant' s Counse l Attorney , Offic e o f

th e Regiona l Counse l Northwes t

Mountai n Region , ANM- 7 Federal Aviatio n Administratio n 160 1 Lin dAvenue , S.W . Renton , W A 9805 7 ,TEL : 425-227-141 7 FAX : 425-227-100 7 Th e Honorabl e Richar dC . Goodwin , Administrativ e La w Judg e Offic e o f Hearings , M-2 0 U.S . Departmen t

o f Transportatio n 120 0 Ne w Jerse y Avenue , S.E . Eas t Buildin g Groun dFloor , Roo mEl2-32 0 Washington , D C 2059 0 TEL : 202-366-213 9 Attorney-Adviso r 202-366-512 1 Lega l Assistan t FAX : 202-366-753 6

' Servic e wa s b y U.S . Mail . Fo

r servic e i n perso n o r b y expedite dcourier , us e th e followin g address : Federa l Aviatio n Administration, 60

0 Independenc

e Avenue , S . W. , Wilbu

r Wrigh t Building—Suit

e 2W1000 , Washington

, D C 20591 ; Attention : Hearin

g Docke t Clerk , AGC-430 ,
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

MALIK HARRIS,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 424 EAL 2023

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 7th day of August, 2024, the Petition for Allowance of Appeal is 

DENIED.
# C_2023045EN.01000901.xml

| 6.2.2023 | EN | Official Journal of the European Union | C 45/9 |
| --- | --- | --- | --- |

6.2.2023

EN

Official Journal of the European Union

C 45/9

---

Request for a preliminary ruling from the Nejvyšší soud (Czech Republic) lodged on 15 November 2022 — RegioJet a. s., STUDENT AGENCY k.s. v České dráhy, a.s., Správa železnic, státní organizace, Česká republika, Ministerstvo dopravy

(Case C-700/22)

(2023/C 45/15)

Language of the case: Czech

Referring court

Nejvyšší soud

Parties to the main proceedings

Applicants: RegioJet a. s., STUDENT AGENCY k.s.

Defendants: České dráhy, a.s., Správa železnic, státní organizace, Česká republika, Ministerstvo dopravy

Question referred

Must the last sentence of Article 108(3) of the Treaty on the Functioning of the European Union be interpreted as meaning that a national court must, in proceedings initiated on the application of a third party (competitor), order the recipient to return aid provided in breach of that provision even though (as at the date of the court’s decision) the limitation period for the Commission’s powers pursuant to Article 17(1) of Council Regulation (EU) 2015/1589 (1) of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union has expired, due to which the aid provided is deemed, pursuant to Article 1(b)(iv) and Article 17(3) of the Regulation, to constitute existing aid?

---

(1)  OJ 2015 L 248, p. 9.

---
No. 11-10256.

#### Espinoza *v.*Virga, Warden.

C. A. 9th Cir. Certiorari denied.
17,946

0

1,335

19,281

BallotsCounted

28

157

0

185

BallotsRejected

MASSACHUSETTS

Mail,Fax,Email

Election/Registrar's

Office

Internet

DM

V

Public

Assistance

Office

DisabilitiesAgency

Military

RecruitmentOffice

OtherState

Agency

RegistrationDrives

Registration:Other

178,803

124,850

499,618

813,951

54,940

2,744 0 3,006 0 378

RegistrationFormSource

TotalRegisteredVoters

4,534,974

SectionA-VoterRegistration

RegistrationFormsReceived

1,678,290

ConfirmationNotificationsSent

980,890

Polling

Place

UOCAVA Absentee Provisional

Ballot

EarlyVote

Center

Voteby

Mail

Turnout:

Other

2,168,729

1,037,850

150,742

19,281 2,199 0 0

SectionF-TurnoutbyMethod

CountedFull Counted

Part

Rejected Provisional:

Other

2,199

5,145

0 5

SectionE-ProvisionalBallots

UniformedService

Non-militaryOverseas

Other

SectionB-UOCAVA

1,969

21,510

0

23,479

BallotsTransmitted

TOTAL TOTAL

ProvisionalBallotTotal:7,349 TurnoutTotal:3,378,801

Select: MASSACHUSET..

TOTAL

 

 

 

 

 

 

 

 

                          

  

2016EAVSDataBrief 

U i
[Federal Register Volume 62, Number 46 (Monday, March 10, 1997)]
[Notices]
[Page 10869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5774]


-----------------------------------------------------------------------


DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institute of Child Health and Human Development; Notice 
of Closed Meeting

    Pursuant to Section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
National Institute of Child Health and Human Development Special 
Emphasis Panel (SEP) meeting:

    Name of SEP: Hyperglycemia and Adverse Pregnancy Outcome 
(Teleconference).
    Date: March 24, 1997.
    Time: 1:30 p.m. (est)--Adjournment.
    Place: 6100 Executive Boulevard, 6100 Building--Room 5E01D, 
Rockville, Maryland 20852.
    Contact Person: Edgar E. Hanna, Ph.D., Scientific Review 
Administrator, NICHD, 6100 Executive Boulevard, 6100 Building, Room 
5E01D, Rockville, Maryland 20852, Telephone: 301-496-1485.
    Purpose/Agenda To evaluate and review grant applications.
    The meeting will be closed in accordance with the provisions set 
forth in secs. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. The 
discussions of these applications could reveal confidential trade 
secrets or commercial property such as patentable material and 
personal information concerning individuals associated with the 
applications, the disclosure of which would constitute a clearly 
unwarranted invasion of personal privacy.

(Catalog of Federal Domestic Assistance Program Nos. [93.864, 
Population Research and No. 93.865, Research for Mothers and 
Children, National Institutes of Health)

    Dated: March 4, 1997.
LaVerne Y. Stringfield,
Committee Management officer, NIH.
[FR Doc. 97-5774 Filed 3-7-97; 8:45 am]
BILLING CODE 4140-01-M
# C_2023127EN.01001502.xml

| 11.4.2023 | EN | Official Journal of the European Union | C 127/15 |
| --- | --- | --- | --- |

11.4.2023

EN

Official Journal of the European Union

C 127/15

---

Appeal brought on 15 November 2022 by Okan Balaban against the judgment of the General Court (Third Chamber) of 14 September 2022 in Case T-705/21, Okan Balaban v European Union Intellectual Property Office

(Case C-702/22 P)

(2023/C 127/18)

Language of the case: German

Parties

Appellant: Okan Balaban (represented by T. Schaaf, Rechtsanwalt)

Other party to the proceedings: European Union Intellectual Property Office

By order of 1 February 2023, the Court of Justice of the European Union (Chamber determining whether appeals may proceed) decided that the appeal should not be allowed to proceed and ordered the appellant to bear his own costs.

---
<PAGE>

EXHIBIT 32

                     LIFESTYLE INNOVATIONS, INC FORM 10-KSB
                     FOR THE FISCAL YEAR ENDED JUNE 30, 2005
              CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
                 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Paul Johnson, certify that:

1.       I am the chief executive officer of Lifestyle Innovations, Inc.
2.       Attached to this certification is Form 10-KSB for the fiscal year ended
         June 30, 2005, a periodic report (the "periodic report") filed by the
         issuer with the Securities Exchange Commission pursuant to Section
         13(a) or 15(d) of the Securities and Exchange Act of 1934 (the
         "Exchange Act"), which contains consolidated financial statements.
3.       I hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
         pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
         o        The periodic report containing the consolidated financial
                  statements fully complies with the requirements of Section
                  13(a) or 15(d) of the Exchange Act, and
         o        The information in the periodic report fairly presents, in all
                  material respects, the consolidated financial condition and
                  consolidated results of operations of the issuer for the
                  periods presented.

November 11, 2005                               /s/ Paul Johnson
-----------------                               ----------------
                                                Paul Johnson
                                                President and
                                                Principal Accounting Officer


A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by Lifestyle Innovations, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.

This certification will not be deemed "filed" for purposes of Section 18 of the
Securities Exchange Act of 1934, or otherwise subject to the liability of that
section. This certification will not be deemed to be incorporated by reference
into any filing under the Securities Act of 1933 or the Securities Exchange Act
of 1934 even if the document with which it is submitted to the Securities and
Exchange Commission is so incorporated by reference.