alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE EX REL. Jarrod HENRY v. STATE of Louisiana

No. 2016-KH-2220

Supreme Court of Louisiana.

April 6, 2018

**ON SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON**

PER CURIAM:

Denied. Relator fails to show he received ineffective assistance of counsel under *286the standard of *Strickland v. Washington* , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, *see*28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the Legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.
JOHN BEGNAUD ELECTRIC MOTORS, INC. v. ALTERNATIVE WELL INTERVENTION, LLC

HO. 2018-C-0324

Supreme Court of Louisiana.

April 27, 2018

Denied.

HUGHES, J., would grant.
**Order of the President of the General Court of 22 July 2010 – H v Council and Others**

**(Case T-271/10 R)**

Application for interim measures – Common foreign and security policy – National official seconded to the European Union Police Mission in Bosnia and Herzegovina – Decision to redeploy and downgrade – Application for suspension of operation of a measure – Admissibility – Lack of urgency

1.                     *Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
facie case – Urgency – Serious and irreparable damage – Cumulative nature – Balancing of all the interests involved – Discretion
of the judge dealing with the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General
Court, Art. 104(2)) (see paras 13-15)*

2.                     *Procedure – Application initiating proceedings – Application for interim measures – Identification of the defendant – Action
against the Council, the Commission and the EU Police Mission without legal personality – Possibility of clarification by
the judge dealing with the application for interim relief (Art. 263, first and fourth paras, TFEU; Rules of Procedure of the
General Court, Art. 44(1); Council Decision 2009/906) (see paras 18-21)*

3.                     *Application for interim measures – Conditions for admissibility – Application – Formal requirements – Detailed statement of
the subject-matter (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 44(1)(d), and 104)(3)) (see
para. 22)*

4.                     *Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
– Non-material damage not being capable of better remedy in interim proceedings than in the main proceedings – None (Arts
278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 29-37)*

**Re:**

| | |
| --- | --- |
| | APPLICATION for suspension of operation of the decision of 7 April 2010 of the Head of the European Union Police Mission (EUPM) in Bosnia and Herzegovina having the effect of downgrading and redeploying the applicant. |

**Operative part**

| | | |
| --- | --- | --- |
| 1. | | The Council of the European Union and the European Commission are considered to be the only defendants. |

| | | |
| --- | --- | --- |
| 2. | | The application for interim measures is dismissed. |

| | | |
| --- | --- | --- |
| 3. | | Costs are reserved. |
#### Tommy H. CONDREY; Modtrack Corp., Plaintiffs-Appellants, v. SUNTRUST BANK OF GEORGIA; et al., Defendants, Suntrust Bank Of Georgia, Defendant-Appellee. Tommy H. Condrey; et al., Plaintiffs, v. Suntrust Bank Of Ga; et al., Defendants. Harrell Equipment Company, Inc., Defendant-Cross Claimant-Appellant, v. Suntrust Bank Of Georgia, Defendant-Cross Defendant-Appellee.

No. 03-30814, 03-30838.

United States Court of Appeals, Fifth Circuit.

DECIDED: May 20, 2004.

Joseph R. Ward, Jr., Ward & Condrey, Covington, LA, for Plaintiff-Appellant.

Bernard S. Johnson, Cook, Yancey, King & Galloway, Shreveport, LA, for Defendant-Appellee.

Before BARKSDALE, EMILIO M. GARZA, and PICKERING, Circuit Judges.

PER CURIAM:*

We consolidate these appeals. Fed. R.App. P. 3(b)(2). It goes without saying that we must examine the basis of our appellate jurisdiction, *sua sponte,*if need be. *E.g., Smith v. Texas Children’s Hospital,*172 F.3d 923, 925 (5th Cir.1999). These appeals are from the 29 July 2003 judgment signed by the magistrate judge. Because, *inter alia,*the requisite consent was lacking, the magistrate judge was not authorized to enter the judgment. *See*28 *489U.S.C. § 636(c). Therefore there has not been a final judgment in this case, and we are without appellate jurisdiction. *See, e.g., Askanase v. Livingwell, Inc.,*981 F.2d 807, 809-10 (5th Cir.1993). Accordingly, the appeals are

*DISMISSED.*

*

 Pursuant to *5th Cir.*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 5th Cir R. 47.5.4.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This scheudle contains summary financial information extracted from Krupp
Reatly Fund 7 Financial Statements for the nine months ended September 30, 1996
and is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       1,052,362
<SECURITIES>                                         0
<RECEIVABLES>                                  203,337<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               434,992
<PP&E>                                      29,006,331<F2>
<DEPRECIATION>                            (13,843,344)<F3>
<TOTAL-ASSETS>                              16,853,678
<CURRENT-LIABILITIES>                          809,164
<BONDS>                                     12,609,054<F4>
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     3,435,460<F5>
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                16,853,678
<SALES>                                              0
<TOTAL-REVENUES>                             3,492,721<F6>
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             2,657,158<F7>
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             829,168
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,395<F8>
<EPS-PRIMARY>                                        0<F8>
<EPS-DILUTED>                                        0<F8>
<FN>
<F1>Includes all receivables included in "prepaid expenses and other assets" on the
balance sheet.
<F2>Includes apartment complexes of $19,011,252, retail center of $9,707,785 and
deferred expenses of $287,294.
<F3>Accumulated depreciation of $13,760,933 and accumulated amortization off
$82,411.
<F4>Represents mortgage notes payable.
<F5>Total deficit of the General Partners of ($247,680) and equity of Limited
Partners of $3,683,140.
<F6>Represents total revenue of the Partnership.
<F7>Includes operating expenses of $1,323,937, real estate taxes of $352,612 and
depreciation and amortization of $980,609.
<F8>Net income allocated $128 to the General Partners and $6,267 to the Limited
Partners.  Average net income per Unit of Limited Partner interest is $.23.
</FN>
        

</TABLE>
Arnold FIELDS, DOC #T55996, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-426

District Court of Appeal of Florida, Second District.

Opinion filed December 22, 2017.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
**EXHIBIT32.1**

 

**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 ofMagnetek, 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”), the undersigned, Andrew G. Galef, Chairman of the Board,President and Chief Executive Officer of the Company, and David P. Reiland,Executive Vice President and Chief Financial Officer of the Company, herebycertify, pursuant to U.S.C. Section 1350 and Rule 13a-14(b) or Rule15d-14(b) of the Securities Exchange Act of 1934, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that:

 

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

 

(2)           the information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 
|                    | /s/  Andrew G. Galef                                     |
|-------------------------|---------------------------------------------------------------|
|                    | Andrew G. Galef                                               |
|                    | Chairman of the Board,  President and Chief Executive Officer |
|                    |                                                          |
| Dated: November 9, 2004 | /s/  David P. Reiland                                    |
|                    | David P. Reiland                                              |
|                    | Executive Vice-President  and Chief Financial Officer         |

 

----
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                                     <C>
<PERIOD-TYPE>                                    3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          26,000
<SECURITIES>                                         0
<RECEIVABLES>                                  989,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,234,000
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               4,474,000
<CURRENT-LIABILITIES>                        2,670,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    600,000
<COMMON>                                     4,713,000
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 4,474,000
<SALES>                                        432,000
<TOTAL-REVENUES>                               432,000
<CGS>                                          537,000
<TOTAL-COSTS>                                1,460,000
<OTHER-EXPENSES>                               (75,000)
<LOSS-PROVISION>                            (1,103,000)
<INTEREST-EXPENSE>                             (75,000)
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (1,103,000)
<EPS-BASIC>                                      (0.23)
<EPS-DILUTED>                                    (0.23)


</TABLE>
Michael Edgar PERKINS, DOC #534147, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-788

District Court of Appeal of Florida, Second District.

Opinion filed December 22, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 19

- 439

_____________________________
T ERRANCE Y OUNG , Appellant,

v.

S TATE O F F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Leon County

. James C. Hankinson , Judge

. July 18, 2019

P ER C URIAM

.
A FFIRMED

.
L EWIS , M AKAR , and B ILBREY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Terrance Young, pro se
, Appellant.

Ashley Moody, Attorney General, Tallahassee
, for Appellee.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       1,110,363
<SECURITIES>                                         0
<RECEIVABLES>                                   44,265
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      10,102,535
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              11,640,824
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  11,341,555
<TOTAL-LIABILITY-AND-EQUITY>                11,640,824
<SALES>                                              0
<TOTAL-REVENUES>                             1,102,261
<CGS>                                                0
<TOTAL-COSTS>                                  654,336
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                266,533
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            266,533
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   266,533
<EPS-PRIMARY>                                     4.83
<EPS-DILUTED>                                        0
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE> 5
       
<S>                                            <C>
<PERIOD-TYPE>                                6-MOS
<FISCAL-YEAR-END>                          JUN-30-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                           2,188
<SECURITIES>                                         0
<RECEIVABLES>                                    6,637
<ALLOWANCES>                                         0
<INVENTORY>                                     28,123
<CURRENT-ASSETS>                                37,144
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  37,144
<CURRENT-LIABILITIES>                          170,188
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        41,733
<OTHER-SE>                                   (174,777)
<TOTAL-LIABILITY-AND-EQUITY>                    37,144
<SALES>                                         15,256
<TOTAL-REVENUES>                                15,256
<CGS>                                           17,142
<TOTAL-COSTS>                                   11,028
<OTHER-EXPENSES>                               (8,005)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (4,909)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (4,909)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,909)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        






</TABLE>
Exhibit 31.1

                                  CERTIFICATION

I, Julianna Lu, certify that:

1. I have reviewed this annual report on Form 10-KSB of China Health Holding,
Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officer(s) and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and
have:

(a) designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the small business issuer is made known to us
by others, particularly during the period in which this report is being
prepared;

(b) evaluated the effectiveness of the small business issuer's disclosure
controls and presented in this report our conclusions about the effectiveness of
the disclosure controls and procedures, as of the end of the period covered by
this report based on such evaluation; and

(c) disclosed in this report any change in the small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

5. The small business issuer's other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer's board of directors (or persons performing the
equivalent functions);

(a) all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer's ability to record,
process, summarize and report financial information; and

(b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuer's internal
control over financial reporting.

March 31, 2006

                                     /s/ Julianna Lu
                                     ----------------
                                   Julianna Lu
                                     Chief Executive Officer and
                                     Chief Financial Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          NOV-30-2000
<PERIOD-END>                               FEB-29-2000
<CASH>                                         235,722
<SECURITIES>                                         0
<RECEIVABLES>                                   25,460
<ALLOWANCES>                                     5,000
<INVENTORY>                                    118,348
<CURRENT-ASSETS>                               640,917
<PP&E>                                         546,182
<DEPRECIATION>                                 405,116
<TOTAL-ASSETS>                               1,042,612
<CURRENT-LIABILITIES>                          433,361
<BONDS>                                        279,221
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        95,000
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 1,042,612
<SALES>                                        221,537
<TOTAL-REVENUES>                               221,537
<CGS>                                           74,840
<TOTAL-COSTS>                                  277,387
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,962
<INCOME-PRETAX>                               (57,709)
<INCOME-TAX>                                     1,600
<INCOME-CONTINUING>                           (57,709)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (57,709)
<EPS-BASIC>                                      (.03)
<EPS-DILUTED>                                    (.03)


</TABLE>
#### Garri SHTEIN, Plaintiff—Appellant, v. BANK OF AMERICA, FSB, Defendant—Appellee.

No. 04-1119.

United States Court of Appeals, Fourth Circuit.

Submitted: May 7, 2004.

Decided: June 1, 2004.

Garri Shtein, Appellant pro se.

Dennis Patrick McGlone, Todd Russell Chason, Gordon, Feinblatt, Rothman, Hoffberger & Hollander, Baltimore, Maryland, for Appellee.

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Garri Shtein appeals the magistrate judge’s letter order dismissing his discrimination and conspiracy to invade privacy action with prejudice. We have reviewed the record and find no reversible error.* Accordingly, we affirm for the reasons stated by the magistrate judge. *See Shtein v. Bank of America,*No. CA-03-1159-CBD (D.Md. Nov. 14, 2003). 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.

*AFFIRMED*

*

 The parties consented to the jurisdiction of a magistrate judge under 28 U.S.C. § 636(c) (2000).