alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Jamel PICKNEY v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY & CORRECTIONS

NO. 2018-CI-1196

Supreme Court of Louisiana.

September 28, 2018

WRIT NOT CONSIDERED. Petitioner has not demonstrated that he sought review in the court(s) below before filing in this Court nor shown the "extraordinary circumstances" that would justify bypassing that level of review. La.S.Ct.R. X § 5(b).
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# C_2020361EN.01001701.xml

| 27.10.2020 | EN | Official Journal of the European Union | C 361/17 |
| --- | --- | --- | --- |

27.10.2020

EN

Official Journal of the European Union

C 361/17

---

Notice concerning a request in accordance with Article 34 of Directive 2014/25/EU

Request made by a contracting entity

(2020/C 361/07)

On 2 October 2020 the Commission received a request pursuant to Article 35 of Directive 2014/25/EU of the European Parliament and of the Council (1). The first working day following receipt of the request is 5 October 2020.

This request, made by Österreichische Postbus AG concerns non- commercial bus services in Austria. Article 34 of Directive 2014/25/EU provides that ‘contracts intended to enable an activity mentioned in Articles 8 to 14 to be carried out shall not be subject to this Directive if the Member State or the contracting entities having introduced the request pursuant to Article 35 can demonstrate that, in the Member State in which it is performed, the activity is directly exposed to competition on markets to which access is not restricted; nor shall design contests that are organized for the pursuit of such an activity in that geographic area be subject to this Directive’. The assessment of direct exposure to competition that can be carried out in the context of Directive 2014/25/EU is without prejudice to the full-fledged application of competition law.

The Commission is allowed a period of 145 working days to take a decision on this request, commencing on the working day referred to above. The period therefore expires on 10 May 2021.

According to Article 35(5) of Directive 2014/25/EU, further requests concerning the same activity in Austria, received before the expiry of the period opened in respect of this request, shall not be considered as new procedures and shall be treated in the context of this request.

---

(1)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

---
Exhibit 32.1

                        CERTIFICATION OF PERIODIC REPORT

Pursuant to 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 906 of the
Sarbanes-Oxley   Act  of  2002,   each  of  the   undersigned   officers  of  GS
EnviroServices, Inc. (the "Company"), certify that:

1.   The Annual Report on Form 10-KSB/A (Amendment No. 2) of the Company for the
     Year  ended  December  31,  2007 (the  "Report")  fully  complies  with the
     requirements  of Section 13(a) or 15(d) of the  Securities  Exchange Act of
     1934 (15 U.S.C. 78m or 78o(d)); and

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



                                   /S/  JAMES F. GREEN
                                   --------------------------------
Dated: December 14, 2007                JAMES F. GREEN
                                        Chief Executive Officer


                                  /S/   DORIS CHRISTIANI
                                  ---------------------------------
                                        DORIS CHRISTIANI
                                        Chief Financial Officer


This  certification  is made solely for the purpose of 18 U.S.C.  Section  1350,
subject  to the  knowledge  standard  contained  therein,  and not for any other
purpose.
* 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.

United States Court of Appeals

Fifth Circuit

FILED

April 21, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-20916

Summary Calendar

 

UNITED STATES OF AMERICA, 

 

 Plaintiff-Appellee,

versus

 

HOGAN TEBBS BROOKS, 

 Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:04-CR-390-ALL

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

Before JONES, BARKSDALE, and PRADO, Circuit Judges.

PER CURIAM:*

Hogan Tebbs Brooks appeals the district court’s denial of

his motion to review or revoke an order of pretrial detention. 

We remanded the case to the district court for the limited

purpose of rendering reasons for its denial. The district court

issued an order setting forth its factual findings and its

conclusion that Brooks should be detained because he is charged

with a crime of violence and he poses both a flight risk and a

danger to the community. 
No. 04-20916

- 2 -

We review the order issued by the district court, not that

of the magistrate judge. United States v. Westbrook, 780 F.2d

1185, 1188 n.4 (5th Cir. 1986). Absent an error of law, this

court will uphold a district court’s pretrial detention order if

it is supported by the proceedings below. United States v.

Rueben, 974 F.2d 580, 585 (5th Cir. 1992). 

The district court’s ruling is supported by the record. See

United States v. Hare, 873 F.2d 796, 798 (5th Cir. 1989). The

pretrial detention order is AFFIRMED.
Jeremy KIBLER, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee, Successor in Interest to Bank of America, National Association, as Trustee, Successor by Merger to LaSalle Bank National, Etc., Appellee.

Case No. 5D17-1426

District Court of Appeal of Florida, Fifth District.

Decision filed August 14, 2018 Rehearing Denied September 12, 2018 Rehearing Denied October 10, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Concepcion BENITEZ, Appellant(s)/Petitioner(s), v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee(s)/Respondent(s),

CASE NO.: 3D18-1039

District Court of Appeal of Florida, Third District.

AUGUST 28, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
**Exhibit 32.1**

**CERTIFICATION**

Gene Hodges, ChiefExecutive Officer of Websense, Inc., hereby certifies pursuant to therequirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934,as amended, (the “Exchange Act”) and Section 1350 of Chapter 63 of Title 18 ofthe United States Code (18 U.S.C. § 1350) that, to the best of his knowledge:

1.               The Quarterly Report on Form 10-Q of Websense, Inc.for the quarterly period ended September 30, 2007 (the “Quarterly Report”)fully complies with the requirements of Section 13(a) or 15(d) of the ExchangeAct.

2.               The information contained in the Quarterly Reportfairly presents, in all material respects, the financial condition and resultsof operations of Websense, Inc. for the period covered by the Quarterly Report.
|                    |   |                    |
|-------------------------|--------|-------------------------|
|                    |   |                    |
| Dated: November 8, 2007 | By:    | /s/ GENE HODGES         |   |
|                    |   | Gene Hodges             |
|                    |   | Chief Executive Officer |

 

*A signed original of this written statement has beenprovided to Websense, Inc. and will be retained by Websense, Inc. and furnishedto the Securities and Exchange Commission or its staff upon request.  This written statement accompanies theQuarterly Report to which it relates, is not deemed filed with the Securitiesand Exchange Commission, and is not incorporated by reference into any filingof the Company under the Securities Act of 1933, as amended, or the ExchangeAct, irrespective of any general incorporation language contained in suchfiling.

----
<PAGE>

                                  EXHIBIT 31.1

I, Stephan Kuppenheimer, certify that:

         1. I have reviewed this annual report on Form 10-K, and all reports on
Form 8-K containing distribution or servicing reports filed in respect of
periods included in the year covered by this annual report, of Merrill Lynch
Depositor, Inc., on behalf of PPLUS Trust Series FMC-1;

         2. Based on my knowledge, the information in these reports, taken as a
whole, 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 as of the
last day of the period covered by this annual report;

         3. Based on my knowledge, the distribution or servicing information
required to be provided to the depositor by the trustee under the pooling and
servicing, or similar, agreement, for inclusion in these reports is included in
these reports;

         4. I am responsible for reviewing the activities performed by the
depositor and the trustee under the pooling and servicing, or similar, agreement
and based upon my knowledge and the annual compliance review required under that
agreement, and except as disclosed in the reports, the depositor and trustee
have each fulfilled its obligations under that agreement; and

         5. The reports disclose all significant deficiencies relating to the
compliance by the depositor or trustee with the minimum servicing or similar
standards based upon the report provided by an independent public accountant,
after conducting a review in compliance with the Uniform Single Attestation
Program for Mortgage Bankers or similar procedure, as set forth in the pooling
or servicing, or similar, agreement, that is included in these reports.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated parties: The Bank of New York and
its officers and agents.


Date:  March 29, 2005                                 /s/ Stephan Kuppenheimer
                                                      ------------------------
                                                      Stephan Kuppenheimer
                                                      President
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-7103

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BERNARD KING, a/k/a Shaborn,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Rebecca Beach Smith, District 

Judge. (2:94-cr-00163-RBS-14)

Submitted: October 13, 2011 Decided: October 18, 2011

Before SHEDD, AGEE, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bernard King, Appellant Pro Se. Laura Pellatiro Tayman, 

Assistant United States Attorney, Newport News, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Bernard King seeks to appeal the district court’s 

order and judgment denying his 28 U.S.C.A. § 2255 (West Supp. 

2011) motion as successive and dismissing it on that basis. The 

order is not appealable unless a circuit justice or judge issues 

a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B)

(2006). A certificate of appealability will not issue absent “a 

substantial showing of the denial of a constitutional right.” 

28 U.S.C. § 2253(c)(2) (2006). When the district court denies 

relief on the merits, a prisoner satisfies this standard by

demonstrating that reasonable jurists would find that the 

district court’s assessment of the constitutional claims is 

debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 

When the district court denies relief on procedural grounds, the 

prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the motion states a debatable 

claim of the denial of a constitutional right. Slack, 529 U.S. 

at 484-85. We have independently reviewed the record and 

conclude that King has not made the requisite showing. 

Accordingly, we deny a certificate of appealability and dismiss 

the appeal.
3

Additionally, we construe King’s notice of appeal and 

informal brief as an application to file a second or successive 

§ 2255 motion. United States v. Winestock, 340 F.3d 200, 208 

(4th Cir. 2003). In order to obtain authorization to file a 

successive § 2255 motion, a prisoner must assert claims based on 

either: (1) newly discovered evidence, not previously 

discoverable by due diligence, that would be sufficient to 

establish by clear and convincing evidence that, but for 

constitutional error, no reasonable factfinder would have found 

the movant guilty of the offense; or (2) a new rule of 

constitutional law, previously unavailable, made retroactive by 

the Supreme Court to cases on collateral review. 28 U.S.C.A.

§ 2255(h) (West Supp. 2011). King’s claims do not satisfy 

either of these criteria. Therefore, we deny authorization to 

file a successive § 2255 motion.

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
Rita BROWN v. Terrebornne Parish Sheriff's Office, Sheriff Jerry J. LARPENTER, and XYZ Insurance Company

Sommer Brown v. Terrebornne Parish Sheriff's Office, Sheriff Jerry J. Larpenter, and XYZ Insurance Company

NO. 2018-00964

Supreme Court of Louisiana.

October 8, 2018

Writ not considered. Not timely filed. See La.S.Ct. Rule X, § 5.
I 

114TH CONGRESS 

2D SESSION H. R. 5613 

To provide for the extension of the enforcement instruction on supervision 

requirements for outpatient therapeutic services in critical access and 

small rural hospitals through 2016. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 1, 2016 

Ms. JENKINS of Kansas (for herself and Mr. LOEBSACK) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for the extension of the enforcement instruction 

on supervision requirements for outpatient therapeutic 

services in critical access and small rural hospitals 

through 2016. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


asabaliauskas on DSK3SPTVN1PROD with BILLS
2 

•HR 5613 IH

1 SECTION 1. EXTENSION OF ENFORCEMENT INSTRUCTION 

2 ON SUPERVISION REQUIREMENTS FOR OUT3 PATIENT THERAPEUTIC SERVICES IN CRIT4 ICAL ACCESS AND SMALL RURAL HOSPITALS 

5 THROUGH 2016. 

6 Section 1 of Public Law 113–198, as amended by sec7 tion 1 of Public Law 114–112, is amended— 

8 (1) in the heading, by striking ‘‘2015’’ and in9 serting ‘‘2016’’; and 

10 (2) by striking ‘‘2015’’ and inserting ‘‘2016’’. 

Æ 


asabaliauskas on DSK3SPTVN1PROD with BILLS
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of MEDIANET GROUP TECHNOLOGIES, INC.
(the "Company") on Form 10-QSB for the period ended June 30, 2007, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Martin Berns, 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, to the best of my knowledge and belief:

         (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 result of
                  operations of the Company.

/s/ Martin Berns
----------------
Martin Berns
Chief Executive Officer

August 14, 2007
Marshall Glenn SPEAR, Appellant(s)/Petitioner(s), v. Lawrence J. DENMARK, etc., et al., Appellee(s)/Respondent(s),

CASE NO.: 3D18-0719

District Court of Appeal of Florida, Third District.

MAY 31, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Exhibit 31.1
 CERTIFICATION
   
 
 
 (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 registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this report is being
prepared;(b)
    
    designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;(c)
    
    evaluated the effectiveness of the registrants disclosure controls and procedures 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(d)
    
    disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting; and
 
 (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 registrant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 registrants internal control over financial reporting.
  /s/
James A. MiltonJames A. MiltonPresident and Chief Executive Officer
Exhibit 32.1 Certification of Chief Executive Officer and Treasurer

                      PRIME HOLDINGS AND INVESTMENTS, INC.

                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 Prime Holdings and Investments,
Inc. (the  "Company") on Form 10-QSB for the period ended September 30, 2003, as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  I, John  Visendi,  Chief  Executive  Officer  and  Treasurer  of the
Company, hereby certify,  pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to
ss. 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 result of operations of
          the Company.

                                        By: /s/ John Visendi
                                           -------------------------------------
                                           John Visendi,
                                           Chief Executive Officer and Treasurer
                                           (Principal Accounting Officer)

January 15, 2004

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