alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### TEXA S C OU R T OF A PPEAL S, THIR D DIST R ICT , AT AU STIN

NO. 03-0 9 -00 711 -CR

P aul Ant hony He r ve y , A ppe lla nt

v . The State of Texas, App ellee

F ROM THE DISTRICT CO URT OF TRAVIS COUNTY , 331S T JUDICIAL DISTRICT NO. D-1- DC-09 -30 0942 , HO NORAB LE B OB PERK INS , JUDGE PRESIDI NG

M E M O R

A N D U M O P I N I O N Paul Anthony

Her vey seeks to appe al from a judgme nt of conviction for a g g rava ted rob b e r y . T h e tr ia l c o u r t h a s c e r ti f ie d th a t th is is a p le a b a r g a in c a s e a n d H e r v e y h a s no rig ht of appea l. The appe al is dismis sed. See Tex. R. App. P . 25.2(a) (2), ( d).

__________________________________________ J an P. Patterson, J ustice Be fore J ustices Patterson, Pury ear and He nson Dismissed for Want of J urisdiction Filed: January

21, 2010 Do No t Pu

bli sh
# United States Court of Appeals **for the Fifth Circuit**

No. 21-60962 Summary Calendar

Tamara Brown, M. Ed.,

Plaintiff—Appellant ,

versus

Mr. Cory Uselton, Superi ntendent; DeSoto County Schools; DeSoto County Sc hool Board; Shane Jones, Principal; Annie Martin, Gu idance Counselor; Natasha Williams, Guidance Counselor; Robert Wilkie, English Teacher Southaven High School; Amber Melton, 504 Department; Amerita Tell, Mississippi Department of Education,

Defendants—Appellees

.

Appeal from the United States District Court for the Northern District of Mississippi USDC No. 3:20-CV-261 United States Court of Appeals Fifth Circuit 

### FILED June 8, 2022
Lyle W. Cayce Clerk Case: 21-60962 Document: 00516349592 Page: 1 Date Filed: 06/08/2022No. 21-60962

2 Before Clement, Haynes, and Higginson , Circuit Judges

. Per Curiam: *
Appellant fails to present any non-frivolous arguments on appeal. Accordingly, the judgment of the district court is AFFIRMED. See 5th
Cir. R. 47.6.

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-60962 Document: 00516349592 Page: 2 Date Filed: 06/08/2022
**Exhibit 32.1**

 

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

**AS ADOPTED PURSUANT TO SECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002**

 

In connection with the quarterly report on Form 10-QSB of UnitedWisconsin Grain Producers, LLC (the “Company”) for the quarter endedJune 30, 2004, as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Kevin M. Roche, Chief Executive Officer of theCompany, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.                                       The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

2.                                       The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
|   |                                  | /s/ Kevin M. Roche |   |
|--------|---------------------------------------|--------------------|--------|
|   | Kevin M. Roche                        |
|   | President and Chief Executive Officer |
|   | Dated:  August 16, 2004     |

 

----
Order entered April 3, 2013

In The 

## Court of Appeals **Fifth District of Texas at Dallas**

No. 05
- 13
- 00199
- CR
WILSON ALEXANDER BEN ITEZ, Appellant
V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 1 Dallas County, Texas Tria l Court Cause No. F
- 1142524
- H 

### O RDER
T he Court GRANTS court reporter Crystal R. Jones’s March 29, 2013 motion for extension of time to file the reporter’s record.
We ORDER Ms. Jones to file the reporter’s record within THIRTY DAYS from the
date of this or der.

/s/ CAROLYN WRIGHT CHIEF JUSTICE
**EXHIBIT 32.2**

 

**FORM 10-Q**

 

**Section 1350 Certification**

 

**Quarter ended September 30, 2008**

 

I, Thomas E. Fox, Presidentand of Southwest Casino Corporation (the “Company”) certify, pursuant to Section 906of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to thebest of my knowledge:

 
| (1)    |   | The Quarterly Report on  Form 10-Q of the Company for the quarter ended September 30, 2008  (the “Report”) fully complies with the requirements of  Section 13(a) or 15(d) of the Securities and Exchange Act of  1934 (15. U.S.C. 78m or 78o(d)); and |
|--------|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                      |
| (2)    |   | The information in the  Report fairly presents, in all material respects, the financial condition and  results of operation of the Company.                                                                                                                                               |

 

Dated:  November 14,2008

 
|   | /s/  Thomas E. Fox                            |
|--------|-----------------------------------------------|
|   | Thomas  E. Fox, President                     |
|   | (principal  financial and accounting officer) |

 

----
| 1. | Such      Yearly Report on Form 10-K for the year ending June 30, 2009,      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 such Yearly Report on Form 10-K for the year      ending June 30, 2009, fairly presents, in all material respects, the      financial condition and results of operations of MEDICAL ALARM CONCEPTS      HOLDING, INC.. |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:      October 13, 2009                           |   |
|-------------------------------------------------------|--------|
| /s/ Howard Teicher                                    |   |
| Howard      TeicherChief      Executive Officer  |   |

----
<page>
EXHIBIT 32.01

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 Morgan Stanley Charter
Campbell L.P. (the ?Partnership?) on Form 10-Q for the period
ended June 30, 2006 as filed with the Securities and Exchange
Commission on the date hereof (the ?Report?), I, Walter Davis,
President, Demeter Management Corporation, the general partner of
the Partnership, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that, to the best of my 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 results
of operations of the Partnership.









By:   /s/ Walter Davis

Name:		Walter Davis
Title:	President

Date:		August 14, 2006






























? 6 ?


MORGAN STANLEY CHARTER CAMPBELL L.P.
NOTES TO FINANCIAL STATEMENTS (CONTINUED)







- 44 -

- 45 -
Demetrius EDWARDS, Appellant, v. STATE of Missouri, Respondent.

No. ED 106033

Missouri Court of Appeals, Eastern District, DIVISION ONE.

Filed: August 7, 2018

FOR APPELLANT: Susan A. DeGeorge, Missouri Public Defender Office, 1010 Market St., Ste. 1100, St. Louis, MO 63101.

FOR RESPONDENT: Joshua D. Hawley, Attorney General, Daniel N. McPherson, Asst. Atty. Gen., P.O. Box 899, Jefferson City, MO 65102.

Before Roy L. Richter, P.J., Robert M. Clayton III, J., and Angela T. Quigless, J.

*ORDER*

PER CURIAM.

Demetrius Edwards appeals the judgment denying his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. We find that the motion court's findings of fact and conclusions of law are not clearly erroneous.

No jurisprudential purpose would be served by a written opinion. We have, however, provided the parties a memorandum setting forth the reasons for our decision. The judgment of the motion court is affirmed under Rule 84.16(b).
Anthony G. HATLEY, Movant/Appellant, v. STATE of Missouri, Respondent.

No. ED 105991

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

FILED: June 12, 2018

ATTORNEY FOR APPELLANT: Gwenda Renee Robinson, Public Defender's Office, 1010 Market Street, Suite 1100, St. Louis, MO 63101.

ATTORNEY FOR RESPONDENT: Joshua D. Hawley, Attorney General, Garrick F. D Aplin, Assistant Attorney General, P.O. Box 899, St. Louis, MO 65102.

Before Colleen Dolan, P.J., Mary K. Hoff, J., and Lawrence E. Mooney, J.

*ORDER*

PER CURIAM

*925Anthony G. Hatley appeals from the motion court's "Findings of Fact, Conclusions of Law and Judgment," denying his Rule 29.15 motion without an evidentiary hearing. We affirm.

We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims of error to be without merit. No error of law appears. An extended opinion reciting the detailed facts and restating the principles of law applicable to this case would serve no jurisprudential or precedential purpose. We have, however, provided a memorandum opinion for the use of the parties setting forth the reasons for our decision. We affirm the Judgment pursuant to Rule 84.16(b).
**Exhibit31.2**

**Certification Pursuant to Section 302 of**

**the Sarbanes-Oxley Act of 2002**

 

 

 

I, James R. Mulvihill, Chief Financial Officer of Dividend CapitalTrust Inc., certify that:

 

 

(1)                      I have reviewedthis quarterly report on Form 10-Q of Dividend Capital Trust Inc.

 

(2)                      Based on myknowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this quarterly report.

 

(3)                      Based on myknowledge, the financial statements, and other financial information includedin this quarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this quarterly report.

 

(4)                      Theregistrant’s other certifying officers and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-14 and 15d-14) for the registrant and have:

 

(a)                      designed suchdisclosure controls and procedures to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisquarterly report is being prepared;

 

(b)                     evaluated the effectivenessof the registrant’s disclosure controls and procedures as of a date within 90days prior to the filing date of this quarterly report (the “Evaluation Date”);and

 

(c)                      presented inthis quarterly report our conclusions about the effectiveness of the disclosurecontrols and procedures based on our evaluation as of the Evaluation Date.

 

(5)                      The registrant’sother certifying officers and I have disclosed, based on our most recentevaluation, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalentfunctions):

 

(a)                      all significantdeficiencies in the design or operation of internal controls which couldadversely affect the registrant’s ability to record, process, summarize andreport financial data and have identified for the registrant’s auditors anymaterial weaknesses in internal controls; and

 

(b)                     any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the registrant’s internal controls.

 

 
| Date: November 12, 2003 |   | */s/*James R.  Mulvihill   |
|-------------------------|--------|----------------------------|
|                    |   | James R. Mulvihill         |
|                    |   | *Chief  Financial Officer* |
|                    |   |                       |

 

 

----
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

No. 03-18-00153-CV

Texas Department of Transportation, Appellant

v.

Albert Lara, Jr., Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT

NO. D-1-GN-16-005836, HONORABLE JAN SOIFER, JUDGE PRESIDING

C O N C U R R I N G A N D D I S S E N T I N G O P I N I O N

I concur with the majority’s holding that Lara failed to establish the trial court’s

jurisdiction over his retaliation claim. I respectfully dissent from its holding that Lara established

jurisdiction over his discrimination claim; specifically, its conclusion that Lara’s request for

additional leave was a reasonable request for accommodation that rendered him qualified for his

position at the time the request was rejected.

Lara contends that the Department wasrequired to accommodate him bygranting him

additional unpaid leave after he had exhausted all forms of paid and unpaid leave, including his own

accrued sick leave and the donated sick leave that had been pooled from his coworkers. But it is well

established that indefinite leave is not a reasonable accommodation. See Amsel v. Texas Water Dev.

Bd., 464 F. App’x 395, 400 (5th Cir. 2012) (“Indefinite leave is not a reasonable accommodation.”)

(citing Carmona v. Southwest Airlines Co., 604 F.3d 848, 860 n.3 (5th Cir. 2010)); Rogers v.
International Marine Terminals, Inc., 87 F.3d 755, 759–60 (5th Cir. 1996) (“Nothing in the text of

the reasonable accommodation provision requires an employer to wait an indefinite period for an

accommodation to achieve its intended effect.” (citation omitted)); Bazile v. AT&T-Bell Labs., Inc.,

142 F.3d 1279 (5th Cir. 1998) (same). Here, it is undisputed that at the time of his discharge, Lara

could not perform the essential functions of his job, he had not been medically cleared to undertake

any work at all, he had not been in the office for five months, he would be out at least another five

weeks, he would need another major surgery beyond that time, and he had alreadymissed previously

scheduled return dates.

Based on these undisputed facts and the controlling law on reasonable

accommodation, I would hold that Lara’s request for additional leave was not a request for

reasonable accommodation that rendered him qualified for his position at the time the request was

rejected. Accordingly, I would reverse the trial court’s order overruling the Department’s plea to the

jurisdiction and render judgment dismissing both of Lara’s claims for lack of jurisdiction.

__________________________________________

Jeff Rose, Chief Justice

Before Chief Justice Rose, Justices Baker, and Smith

Filed: May 9, 2019

2
Exhibit 32.2

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

I, Michael A. Gerlich,
Chief Financial Officer of Gastar Exploration, Ltd. (the Company), hereby certify that the accompanying Annual Report on Form 10-Q for the three months ended March 31, 2006 (the Report), filed by the Company with the
Securities and Exchange Commission on the date hereof pursuant to Section 13(a) or 15(d) of the Securities Exchange Act of 1934 fully complies with the requirements of that section.

I further certify that the information contained in the Report fairly presents, in all material respects, the financial condition and results of
operations of the Company.

Date: May 12, 2006



/s/ MICHAEL A. GERLICHMichael A. Gerlich Chief Financial Officer


|
|
Order filed, June 30, 2015

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 15

- 00505

- CV

____________ UWAKWE C. OKO AND V ICTORIA I. OKO , Appellant

V.
TONY ALI, JUNIOR PRO PERTIES AND EVERBANK , Appellee

On Appeal from the 400th Dist rict Court Fort Bend County, Texas Trial Court Cause No. 15

- DCV

- 222803



### ORDER
The reporter’s record in this case was due June 15, 2015

. See Tex. R. App. P. 35.1. The court has not received a request to extend time for filing the record.
The record has not been fi led with the court. Because the reporter’s record has not been filed timely, we issue the following order.

We order Karen Rothman , the official court reporter, to file the record in this appeal within 10 days of the date of this order

. PER CURIAM
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 Texas United Bancshares, Inc. (the Company) on Form 10-Q for the period ending September 30, 2004
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, L. Don Stricklin, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that:



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



2. The information contained in the report fairly presents, in all material respects, the financial condition and operating results of the Company.



|                                     
|-------------------------------------
|/s/ L. Don Stricklin                 
|L. Don Stricklin                     
|President and Chief Executive Officer
|November 15, 2004
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A22A0198. IN THE INTEREST OF A. B., a child.

On January 1, 2021, this Court granted APPELLANT’S application for

discretionary appeal. Having reviewed the parties’ briefs and the record now before

us, we DISMISS the appeal as improvidently granted.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

May 04, 2022

05/04/2022
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER,

AS REQUIRED BY SECTION 906 THE SARBANES-OXLEY ACT OF 2002

I, Henry C. Lyons, the
undersigned Chief Financial Officer and Treasurer of GAIN Capital Holdings, Inc. (the Company) hereby certifies pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that
to my knowledge:



| | 1. | The accompanying annual report on Form 10-K for the fiscal year ended December 31, 2010 (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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: March 30, 2011



/s/ Henry C. LyonsHenry C. Lyons Executive
Vice President, Chief Financial Officer and Treasurer (Principal Financial Officer)


A signed original of this written statement
required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to
the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-1960

MBENG AKOH MBU ENOW, 

 Petitioner, 

 v. 

ERIC H. HOLDER, JR., Attorney General, 

 Respondent. 

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

Appeals.

Submitted: June 23, 2009 Decided: July 17, 2009 

Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges. 

Dismissed in part and denied in part by unpublished per curiam 

opinion. 

Danielle Beach-Oswald, Amy M. Grunder, BEACH-OSWALD IMMIGRATION 

LAW ASSOCIATES, PC, Washington, D.C., for Petitioner. Michael F. 

Hertz, Acting Assistant Attorney General, Anh-Thu P. Mai-Windle, 

Senior Litigation Counsel, Arthur L. Rabin, UNITED STATES 

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

Unpublished opinions are not binding precedent in this circuit. 
PER CURIAM: 

 Mbeng Akoh Mbu Enow, a native and citizen of Cameroon, 

seeks review of an order of the Board of Immigration Appeals 

(Board) affirming the decision of the Immigration Judge (IJ) 

denying relief from removal. In his petition for review, Enow 

first argues that the Board erred in finding that he failed to 

prove that his asylum application was timely filed and that he 

is thus ineligible for asylum. We lack jurisdiction to review 

this determination pursuant to 8 U.S.C. § 1158(a)(3) (2006), 

even in light of the passage of the REAL ID Act of 2005, Pub. L. 

No. 109-13, 119 Stat. 231. See Niang v. Gonzales, 492 F.3d 505, 

510 n.5 (4th Cir. 2007); Almuhtaseb v. Gonzales, 453 F.3d 743, 

747-48 (6th Cir. 2006) (collecting cases). 

 Enow also contends that the Board erred in denying his 

request for withholding of removal. “To qualify for withholding 

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

probability of persecution because of his race, religion, 

nationality, membership in a particular social group, or 

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

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

Based on our review of the record, we find that Enow failed to 

make the requisite showing. Likewise, we find that substantial 

evidence supports the finding that Enow failed to demonstrate 

that it is more likely than not that he would be tortured if 

2 
3 

removed to Cameroon. See 8 C.F.R. § 1208.16(c)(2) (2009). We 

therefore uphold the denial of relief under the Convention 

Against Torture. 

 Accordingly, we dismiss in part and deny in part the 

petition for review. We dispense with oral argument because the 

facts and legal contentions are adequately presented in the 

materials before the court and argument would not aid the 

decisional process. 

DISMISSED IN PART

AND DENIED IN PART