alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 

### NUMBER 13 - 15 - 00262 - CV 

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

____________________________________________________________ JOHNNY OCANAS , Appellant,

v. THE ATTORNEY GENERAL OF TEXAS , Appellee.

____________________________________________________________

On Appeal from the 267 th District Court of Calhoun County, Texas.

____________________________________________________________ 

## ORDER
Before Chief Justice Valdez and Justices Be navides and Perkes Order Per Curiam Appellant, Johnny Ocanas, appearing pro se, has filed a brief in this cause. On July 16, 2015, the Clerk of this Court notified appellant that his brief failed to comply with Texas Rule of Appellate Procedure 38.1 and request ed that appellant file an amended2

brief within ten days of that notice. Appellant did not file an amended brief, but instead filed a response to this Court’s notice consisting of three case citations. Appellant asserts that the brief previously filed is appellant’s “best effort.”
We lib erally construe pro se pleadings and briefs; however, we hold pro se litigants to the same standards as licensed attorneys and require them to comply with applicable laws and rules of procedure. Mansfield State Bank v. Cohn , 573 S.W.2d 181, 184

– 85 (Tex. 1978) ; In re N.E.B ., 251 S.W.3d 211, 211

- 12 (Tex. App.

— Dallas 2008, no pet.). To do otherwise would give a pro se litigant an unfair advantage over a litigant who is represented by counsel. Shull v. United Parcel Serv ., 4 S.W.3d 46, 53 (Tex. App.

— San Antonio 1999, pet. denied). Upon review of the appellant ’ s brief, we find that the brief contains numerous formal defects and that the case has not been properly presented. See T EX

. R. A PP

. P.
38.9. T he brief fails to contain any of the headings and sections required by Rule 38.1 and further: (1) does not state concisely and without argument the facts pertinent to the issues or points presented as required by Rule 38.1(d); (2 ) does not contain a clear and concise argument for the contentions made, with appropriate citations to the autho rities and to the record; and (3 ) does not contain an appendix as required by Rule 38.1(j). Accordingly, under the authority of Texas Rule of Appellate Procedure 38.9(a) and (b), we STRIKE appe llant ’ s brief. Appellant is hereby ORDERED to file an amended brief with this Court that complies with the above rules within fifteen days from the date of this
order. If appellant files an amended brief that fails to comply with this order of the Court and the Texas Rules of Appellate Procedure, the Court may strike the brief, prohibit3

appellant from filing another, and proceed as if appellant had failed to file a brief. See
id. 38.9(a). Under such circumstances, the Court may dismiss the appeal for w ant of prosecution and appellant ’ s failure to comply with this Court ’ s directive and the appellate rules . See id. 38.8(a)(1), 42.3(b),(c). IT IS SO ORDERED. PER CURIAM
D elivered and filed the 29 th day of July 2015

.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIAL GAFRE FITIWI,

Petitioner,

v.

MERRICK B. GARLAND, Attorney

General,

Respondent. No. 22

- 67

Agency No.

A062

- 367

- 879

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted April 20, 2023 **

San Francisco

, California

Before: SCHROEDER, CALLAHAN, and BUMATAY, Circuit Judges

.

* This disposition is not appropriate for publication and is not

precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

APR 25 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 Daniel Ga f re Fitiwi, a native and citizen of Ethiop i a, petitions for review

of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from the

denial of his application for a “good faith marriage” waiver under 8 U.S.C.

§ 1186 a (c)(4)(B). Under that statute, Petitioner had the burden of establishing

eligibility for the waiver by showing his marriage was entered into in good

faith. See Hammad v. Holder , 603 F.3d 536, 543 (9th Ci r. 2010).

The denial was premised on numerous inconsistencies in the evidence

Petitioner presented, and on his explanations , which the Immigration Judge

found to be implausible. Many of the inconsistencies concerned whether

Petitioner considered the two children born during the marriage to be his

biological children. There was also a notable lack of any family photographs

with the children. T he conclu sion that Petitioner failed to establish he entered

into his marriage in good faith is supported by subs tantial evidence. See Damon

v. Ashcroft , 360 F.3d 1084, 1088 (9th Cir. 2004) (stating that whether a

noncitizen entered into a marriage in good faith to be eligible for the waiver is

an intrinsically fact

- specific question that is reviewed under the subst antial

evidence standard). There is no evidence compelling a contrary finding.

Because the reasons for rejecting Petitioner’s explanations are clear, the

Supreme C ourt’s recent decision in Garland v. Dai , 141 S.Ct. 1669 (2021)

, does

not require remand. See id. at 1681.

PETITION DENIED.
DLM 4000.25, Volume 2, November 26, 2019

Change 13

AP3.18-1 APPENDIX 3.18

AP.3.18. APPENDIX 3.18

LOGISTICS REASSIGNMENT DELINQUENT DUE-IN 

FOLLOW-UP

FIELD LEGEND

RECORD

POSITION(S) ENTRY AND INSTRUCTIONS

Document Identifier

Code

1-3 Enter DIC DLC.

Routing Identifier 

Code (TO)

4-6 Enter RIC of the losing item manager (LIM)

to which this transaction is being forwarded.

Second Follow-up 

Indicator 

7 Enter 2 if second follow-up; otherwise leave 

blank.

National Stock 

Number

8-22 Enter NSN of the item.

Unit of Issue 23-24 Enter UI of item.

Quantity (Due-In) 25-29 Enter open quantity due-in, preceding 

significant digits with zeros.1

Various Fields 30-50 Perpetuate from DIC DDX or DFX 

memorandum due-in.

Call/Order Number 51-54 Enter legacy four-position call/order number 

associated with the PIIN, if applicable; 

otherwise, leave blank.

Quantity (Received) 55-59 Enter DIC D4X or D6X memorandum receipt 

quantity reported to the GIM. Zero fill if 

none received. Leave blank if data not 

available.

Blank 60-66 Leave blank.

Routing Identifier 

Code (Storage 

Activity) 

67-69 Enter RIC of the storage activity to which the 

item is due-in.

Blank 70 Leave blank.

Supply Condition 71 Enter supply condition code of the item duein.

1See Appendix AP3 - Formats Introduction, Paragraph AP3.3.1.
DLM 4000.25, Volume 2, November 26, 2019

Change 13

AP3.18-2 APPENDIX 3.18

FIELD LEGEND

RECORD

POSITION(S) ENTRY AND INSTRUCTIONS

Date

(Estimated Delivery)

72-76 Enter estimated delivery date of delinquent 

due-in (i.e., last two digits of the calendar 

year in record positions 72-73 and the 

ordinal day of the calendar year in record 

positions 74-76). If not available, leave 

blank.

Routing Identifier 

Code (FROM)

77-79 Enter RIC of the gaining item manager 

(GIM) preparing this transaction.

Blank 80 Leave blank.
No. 11-5147.

#### Charazz Kevin Moran, Petitioner v. United States.

565 U.S. 892, 132 S. Ct. 274,

181 L. Ed. 2d 162,

2011 U.S. LEXIS 5716.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 421 Fed. Appx. 300.
No. 10-10935.

#### John R. Lay, Petitioner v. James P. Clinton, et al.

565 U.S. 858, 132 S. Ct. 192,

181 L. Ed. 2d 99,

2011 U.S. LEXIS 6022.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
[Federal Register Volume 63, Number 124 (Monday, June 29, 1998)]
[Notices]
[Page 35277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17275]



[[Page 35277]]

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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4369-N-05]


Announcement of OMB Approval Number for Environmental Review 
Procedures for Entities Assuming HUD Environmental Responsibilities

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, HUD.

ACTION: Announcement of OMB approval number.

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

SUMMARY: The purpose of this notice is to announce the OMB approval 
number for the collection of information pertaining to Environmental 
Review Procedures for Entities Assuming HUD Environmental 
Responsibilities--24 CFR part 58 (Final Rule).

FOR FURTHER INFORMATION CONTACT:
Richard Broun, Director, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 7th Street, Southwest, 
Washington, DC 20410, telephone (202) 708-1201, ext. 4465. This is not 
a toll-free number.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995 (44 U.S.C. Chapter 35, as amended), this notice advises 
that OMB has responded to the Department's request for approval of the 
information collection pertaining to 24 CFR part 58, Environmental 
Review Procedures for Entities Assuming HUD Environmental 
Responsibilities.
    The OMB approval number for this information collection is 2506-
0087, which expires on June 30, 2001.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information, unless it displays a 
currently valid OMB control number.

    Dated: June 23, 1998.
Fred Karnas,
Deputy Assistant Secretary for Economic Development.
[FR Doc. 98-17275 Filed 6-26-98; 8:45 am]
BILLING CODE 4210-29-M
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO SECTION 1350 OF CHAPTER63**

**OF TITLE 18 OF THE UNITED STATES CODE**

 

I,Jeffrey R. Mistarz, the Chief Financial Officer of Lime Energy Co., certifypursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-OxleyAct of 2002, that to the best of my knowledge and belief:

 

1.               The Quarterly Report Under Section 13or 15(d) of the Securities Exchange Act of 1934 on Form 10-Q for theQuarterly Period ended June 30, 2009 fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

2.               The information contained inthe Quarterly Report Under Section 13 or 15(d) of the SecuritiesExchange Act of 1934 on Form 10-Q for the Quarterly Period ended June 30,2009 fairly presents, in all material respects, the financial condition andresults of operations of Lime Energy Co. and its subsidiaries.

 

 
| /s/  Jeffrey R. Mistarz  |   |
|--------------------------|--------|
| Jeffrey  R. Mistarz      |   |
| Chief  Financial Officer |   |
| August 12,  2009    |   |

 

----
<PAGE>
                                                                      EXHIBIT 23


            Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by reference in the Registration Statements of
Jo-Ann Stores, Inc. listed below of our reports dated March 31, 2005, with
respect to the consolidated financial statements of Jo-Ann Stores, Inc. and
Jo-Ann Stores, Inc. management's assessment of the effectiveness of internal
control over financial reporting and the effectiveness of internal control over
financial reporting of Jo-Ann Stores, Inc., included in this Annual Report (Form
10-K) for the year ended January 29, 2005.

<Table>
<Caption>
Form  Registration Number
----  -------------------
<S>   <C>                    <C>
 S-8      033-60177          1994 Executive Incentive Plan
 S-8      333-10093          1994 Executive Incentive Plan
 S-8      333-72445          1998 Incentive Compensation Plan
 S-8      333-11653          Employees' Savings and Profit-Sharing Plan
 S-8      033-60179          1990 Employees Stock Option and Stock Appreciation Rights Plan
 S-8      333-10087          1990 Employees Stock Option and Stock Appreciation Rights Plan
 S-8      333-10091          1996 Stock Option Plan for Non-Employee Directors
 S-8      333-55278          Nonqualified Stock Option Awards to Certain Employees
 S-8      333-55280          Jo-Ann Stores, Inc. Savings Plan 401(k)
</Table>




                                            /s/ Ernst & Young LLP


Cleveland, Ohio
April 8, 2005
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-START>                             JUL-01-1995
<PERIOD-END>                               JUN-30-1996
<CASH>                                       2,250,000
<SECURITIES>                                         0
<RECEIVABLES>                               23,173,000
<ALLOWANCES>                                   740,000
<INVENTORY>                                  5,953,000
<CURRENT-ASSETS>                            37,518,000
<PP&E>                                     145,545,000
<DEPRECIATION>                              57,219,000
<TOTAL-ASSETS>                             129,829,000
<CURRENT-LIABILITIES>                       17,853,000
<BONDS>                                     58,000,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       145,000
<OTHER-SE>                                  47,474,000
<TOTAL-LIABILITY-AND-EQUITY>               129,829,000
<SALES>                                    129,159,000
<TOTAL-REVENUES>                           129,159,000
<CGS>                                       90,186,000
<TOTAL-COSTS>                               90,186,000
<OTHER-EXPENSES>                            30,767,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           6,130,000
<INCOME-PRETAX>                              3,504,000
<INCOME-TAX>                                   930,000
<INCOME-CONTINUING>                          2,574,000
<DISCONTINUED>                            (12,466,000)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (9,892,000)
<EPS-PRIMARY>                                   (1.24)
<EPS-DILUTED>                                   (1.24)
        


</TABLE>
No. 11-5267.

#### Remigio Arciniega Martinez, III, Petitioner v. Officer NFN Villalobos, et al.

565 U.S. 898, 132 S. Ct. 289,

181 L. Ed. 2d 174,

2011 U.S. LEXIS 5646.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
Unassociated Document


Exhibit 10.39



 


Recovery Energy, Inc.


1900 Grant Street, Suite #720


Denver, CO   80203




 


April 16, 2013







G. Tyler Runnels and Jasmine N. Runnels


TTEES The Runnels Family Trust


DTD 1-11-2000T.R. Winston & Company,


c/o T.R. Winston & Company


1999 Avenue of the Stars #2550


Los Angeles, CA 90067







Re:           Additional Investment in 8% Senior Secured Debentures







Reference is made to that certain Securities Purchase Agreement, dated as of February 2, 2011, as amended on July 23, 2012 and August 7, 2012, between the Recovery Energy, Inc. (the “Company”) and the holders set forth therein (the “Original Holders”) and that certain Securities Purchase Agreement, dated as of March 19, 2012, as amended on July 23, 2012 and August 7, 2012, between the Company and the holders set forth therein (the “Supplemental Holders” and, together with the Original Holders, the “Holders”), pursuant to which the Company issued to the Holders certain 8% Senior Secured Convertible Debentures (as subsequently amended, the “Debentures”).







This letter agreement sets forth the agreement between the Company and G. Tyler Runnels and Jasmine N. Runnels TTEES The Runnels Family Trust DTD 1-11-2000 (the “Trust”) regarding investment by the Trust and the other Holders in additional Debentures. The Company and the Trust accordingly agree as follows:








	
  

	
1.

	
The Company agrees, subject to final approval by its board of directors, to issue up to $5 million aggregate principal amount of Debentures to the Holders pursuant to substantially the same terms and conditions governing the previously issued Debentures.













	
  

	
2.

	
The Trust agrees to purchase an additional $1.5 million aggregate principal amount of Debentures pursuant to substantially the same terms and conditions governing the previously issued Debentures within ninety (90) days of the date hereof, in being understood that the proceeds of such Debentures may be used by the Company to fund its working capital and for other general corporate purchases.












This letter agreement shall be construed in accordance with and governed by the laws of the State of Colorado, excluding its conflict of laws rules. This letter agreement may be executed in any number of counterparts each of which shall be considered an original. If the foregoing accurately sets forth our agreement, please so indicate by executing this letter in the space provided below.








	  	
Very truly yours

	  
	 	 	 
	  	
RECOVERY ENERGY, INC.

	  
	  	  	  	  
	  	
By:

	
/s/ A. Bradley Gabbard

	  
	  	  	
A. Bradley Gabbard

	  
	  	
Its:

	
President and Chief Financial Officer

	  










ACCEPTED AND AGREED







this 16th day of April, 2013








	  	
G. Tyler Runnels and Jasmine N. Runnels TTEES 


The Runnels Family Trust DTD 1-11-2000


	 	 	 
	  	G. Tyler Runnels
	  	
Name: 

	
G. Tyler Runnels


	  	
Title:

	
Trustee
-84 -82 -80 -78 -76

 38

 40

 42

★

▲

▲

▲ ▲

★

▲

▲

▲

▲

 500

 1000

 1500

 1000

18 12 06 00

07/17

NOAA HYSPLIT MODEL

 Backward trajectory ending at 2300 UTC 17 Jul 06

 EDAS Meteorological Data

Source

★ at 38.77 N 77.11 W Meters AGL
DLA Distribution Puget Sound, Washington

Cmdr. Marcus M. Craig, SC, USN

United States Navy

Commander

Navy Cmdr. Marcus M. Craig is a native of Muskogee, Oklahoma. He is 

a graduate of Muskogee High School and the Naval Academy Preparatory 

School. He received his commission from the U.S. Naval Academy in 2004 

and holds a Master of Business Administration with a concentration in Petroleum Management from the University of Kansas School of Business.

Craig was most recently assigned to the Future Operations Directorate in 

U.S. Africa Command, serving as the Joint Logistics Operational Center 

chief, providing full spectrum logistics support to maintain operations and 

key strategic partnerships within the AFRICOM area of responsibility. 

Operationally, Craig served onboard the USS Cape St. George (CG 71) as 

the supply officer. He also served onboard the USS Johnn C. Stennis (CVN 74) as the aviation support division 

repairable management branch officer, aviation support division officer, and the ship’s sales officer. During his 

tours, Craig participated in Operation Enduring Freedom, Rim of the Pacific Exercise and conducted independent 7th Fleet Maritime Presence.

Ashore, Craig served as the assistant to the director of supply corps detailing at the Office of Supply Corps 

Personnel (PERS-4412) in Millington, Tennessee and as the aviation support equipment integrated weapons 

system team director (N9822) at Naval Supply Systems Command Weapon Systems Support Philadelphia. He 

also was assigned to NAVSUP Fleet Logistics Center Site Diego Garcia where he served as the fuels officer for 

bulk fuel products under the Base Operating Service Contract on Naval Support Facility Diego Garcia. Additionally, Craig served as force supply continuous process improvement officer, the assistant Naval Air Station 

Officer for Policy and Inspections, and the facilities manager at Commander Naval Air Forces Pacific. While 

assigned to the University of Kansas, Craig worked as a supply chain analyst intern at the Hawker Beechcraft 

Corporation’s Logistics Center.

Craig is a qualified Surface Warfare Supply Corps officer and Naval Aviation Supply officer and has earned 

Level 3 Life Cycle Logistics and Acquisition Professional Membership. Additionally, he has earned the Meritorious Service Medal with two oak leaf clusters, Navy and Marine Corps Commendation Medal with three oak 

leaf clusters and the Navy and Marine Corps Achievement Medal along with various other unit and personal 

awards.
No. 11-5688.

#### Gilbert Dowdy, Petitioner v. James Cross, Jr., Warden.

565 U.S. 807, 132 S. Ct. 388,

181 L. Ed. 2d 9,

2011 U.S. LEXIS 6583.

October 3, 2011.

Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit dismissed. See Rule 39.8.
Installation Access: 

Installation Access for Morale, Welfare, and Recreation (MWR): All 

personnel issued MWR badges are authorized to escort guests onto Defense 

Distribution Center, Susquehanna using the following guidelines: Guests will 

be brought onto this installation for the sole purpose of utilizing the MWR 

facilities, and remain with their sponsor until after their departure. Guests 16 

years of age and older will be required to possess a photographic I.D. and 

must be in the sponsors vehicle. All guest, 16 years of age and older will be 

required to have a favorable NCIC records check conducted thru DLA 

Installation Support at Susquehanna Emergency Dispatch, upon receipt of a 

favorable check, guests will be issued a Temporary DLA Distribution 

Susquehanna, Pa Visitors badge, and be the responsibility of the sponsor 

during their visit. Sponsors will be required to process his/her guests through 

Pass and ID at Post 3, and ensure that the temporary badge and vehicle 

access pass issued is returned upon departure. After duty hours, and on 

weekends the Police Officer at the entry control point will ensure that the 

guest information are transmitted to Emergency Dispatch prior to access 

authorization. If authorized, the guest will be signed in using the DLA Form 

1749 (Vehicle Registration Log). It is the responsibility of the sponsor to 

ensure these guests are signed out upon departure. (All guests will depart 

thru the Entry Control Point they entered and sign out on the DLA 1749). 

Fillmore US Army Health Clinic:

Bldg. 400

New Cumberland, PA 17070

Hours of Operation:

Monday, Wednesday and Friday: 7:30 a.m. - 4:30 p.m. 

Tuesday: 7:30 a.m. - 7:30 p.m.

Thursday: 7:30 a.m. - noon

Phone: 717.770.7281 or 717.245.3400

Eligibility Statement: We serve active duty military, retirees and their family 

members to include infants and children. Appropriate military identification 

cards are required.

Full Service Family Practice:

We provide the following services: 

 Well Woman Exam (Pap tests) 

 Procedures 

 * Skin biopsies 

 * Mole and Skin tag removal 

 Lab
 Pharmacy 

 X-ray 

We also provide on-site acute medicines, daily pharmacy delivery from Carlisle and off-site in 

New Cumberland. 

DLA Installation Support:

In November of 2007, the DLA Installation Support functions transferred in their entirety from 

DLA Distribution Susquehanna Pa. to DLA Installation Support, currently located on the New 

Cumberland installation.

DLA Installation Support is a DLA agency established to centralize support functions under 

one umbrella within DLA, and to take the burden of the installation support functions away 

from the Mission Commanders. 

The DLA Installation Support Site Director manages the local activity now known as DLA 

Installation Support Susquehanna. The DLA Distribution Susquehanna Pa. Commander 

retains the title and authority of Installation Commander. 

Facilities and Equipment 

Maintenance

717.770.5805

Engineering Services 717.770.5091

Environment, Safety and 

Energy

717.770.8147

Community Services 717.770.2883

Public Safety 717.770.7605