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

for the Fifth Circuit

No. 21-40613

Humberto Rosales Cruz, 

Petitioner—Appellant,

versus

Bobby Lumpkin, Director, Texas Department of Criminal Justice, 

Correctional Institutions Division, 

Respondent—Appellee.

Application for Certificate of Appealability from the

United States District Court for the Southern District of Texas

USDC No. 7:20-CV-305

Before Southwick, Graves, and Costa, Circuit Judges.

Per Curiam:*

Humberto Rosales Cruz, Texas prisoner # 01970936, seeks a 

certificate of appealability (COA) to appeal the district court’s denial of his 

28 U.S.C. § 2254 petition challenging his conviction of attempted murder. 

The district court denied Cruz’s petition after concluding it was time barred 

* 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opinion should not be published and is not precedent except under the limited 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.

United States Court of Appeals

Fifth Circuit

FILED

June 2, 2022

Lyle W. Cayce

Clerk

Case: 21-40613 Document: 00516341265 Page: 1 Date Filed: 06/02/2022
No. 21-40613

2

under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). 

Cruz also moves for an evidentiary hearing. 

This court must examine the basis of its own jurisdiction, sua sponte, 

if necessary. Trent v. Wade, 776 F.3d 368, 387 (5th Cir. 2015). Unless 

otherwise authorized, a magistrate judge’s report and recommendation does 

not constitute a final decision by the district court and is therefore not 

appealable under 28 U.S.C. § 1291. Trufant v. Autocon, Inc., 729 F.2d 308, 

309 (5th Cir. 1984). Here, Cruz filed his notice of appeal after the magistrate 

judge issued her report and recommendation but before the district court 

disposed of his § 2254 petition. Because the magistrate judge’s order was 

not a final appealable decision, we lack jurisdiction to review it. See § 1291; 

Trufant, 729 F.2d at 309. Moreover, Cruz’s premature notice of appeal was 

insufficient to confer jurisdiction on this court from the district court’s order 

dismissing his petition as time barred. See FirsTier Mortg. Co. v. Investors 

Mortg. Ins. Co., 498 U.S. 269, 276-77 (1991); see also United States v. Cooper, 

135 F.3d 960, 963 (5th Cir. 1998). 

Accordingly, this matter is DISMISSED for want of jurisdiction. All 

motions are DENIED as moot. 

Case: 21-40613 Document: 00516341265 Page: 2 Date Filed: 06/02/2022
```

[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Page 100984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29424]

=======================================================================
-----------------------------------------------------------------------

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

Procurement List; Propose Deletions

AGENCY: Committee for Purchase From People Who Are Blind or Severely 
Disabled.

ACTION: Proposed Deletions from the Procurement List.

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

SUMMARY: The Committee is proposing to delete service(s) from the 
Procurement List that were furnished by nonprofit agencies employing 
persons who are blind or have other severe disabilities.

DATES: Comments must be received on or before: January 12, 2025.

ADDRESSES: Committee for Purchase From People Who Are Blind or Severely 
Disabled, 355 E Street SW, Suite 325, Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: For further information or to submit 
comments contact: Mike Jurkowski, Telephone: (703) 489-1322, or email 
[email protected].

SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 
U.S.C. 8503 (a)(2) and 41 CFR 51-2.3. Its purpose is to provide 
interested persons an opportunity to submit comments on the proposed 
actions.

Deletions

    The following service(s) are proposed for deletion from the 
Procurement List:

Service(s)

Service Type: Food Service
Mandatory for: Kirtland Air Force Base, Kirtland AFB, NM
Authorized Source of Supply: LifeROOTS, Inc., Albuquerque, NM
Contracting Activity: Dept of the Air Force, FA7014 AFDW, PK

Michael R. Jurkowski,
Director, Business Operations.
[FR Doc. 2024-29424 Filed 12-12-24; 8:45 am]
BILLING CODE 6353-01-P
```
LaDarius BROWN, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-1367

District Court of Appeal of Florida, Second District.

Opinion filed October 31, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
ARKO PLUMBING CORP., Appellant(s)/Petitioner(s), v. Michael P. RUDD, Esq., et al., Appellee(s)/Respondent(s),

CASE NO.: 3D18-0878

District Court of Appeal of Florida, Third District.

MAY 31, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
II 

Calendar No. 342 

113TH CONGRESS 

2D SESSION H. R. 724 

[Report No. 113–144] 

IN THE SENATE OF THE UNITED STATES 

JANUARY 9, 2014 

Received; read twice and referred to the Committee on Environment and 

Public Works 

APRIL 1, 2014 

Reported by Mrs. BOXER, without amendment 

AN ACT 

To amend the Clean Air Act to remove the requirement 

for dealer certification of new light-duty motor vehicles. 

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

3 SECTION 1. REMOVAL OF REQUIREMENT FOR DEALER 

4 CERTIFICATION OF NEW LIGHT-DUTY MOTOR 

5 VEHICLES. 

6 Section 207(h) of the Clean Air Act (42 U.S.C. 

7 7541(h)) is amended— 

8 (1) by striking paragraph (1); and 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•HR 724 RS

1 (2) by redesignating paragraphs (2) and (3) as 

2 paragraphs (1) and (2), respectively. 

mstockstill on DSK4VPTVN1PROD with BILLS

mstockstill on DSK4VPTVN1PROD with BILLS

Calendar No. 342 

113TH CONGRESS 

2D SESSION H. R. 724 

[Report No. 113–144] 

AN ACT 

To amend the Clean Air Act to remove the requiremotor vehicles. ment for dealer certification of new light-duty 

APRIL 1, 2014 

Reported without amendment 

mstockstill on DSK4VPTVN1PROD with BILLS
EXHIBIT 32.1

E-SMART TECHNOLOGIES, INC.

CERTIFICATION PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2003

In
connection with the Quarterly Report of e-Smart Technologies, Inc. on Form 10-QSB for the quarterly period ended September 30, 2006, as filed with the Securities and Exchange Commission on February 13, 2007 (the Report), the
undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2003, that:

(1) The Report fully complies with 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 e-Smart
Technologies, Inc.

Date: February 13, 2007



|                                                    |  | 
|--------------------------------------------------- |  | 
|/s/ Mary A. Grace                                   |  | 
|Chief Executive Officer and Chief Financial Officer |  |
```

[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Notices]
[Page 102965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29876]

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

POSTAL SERVICE

Product Change--Priority Mail Express, Priority Mail, and USPS 
Ground Advantage[supreg] Negotiated Service Agreement

AGENCY: Postal ServiceTM.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: December 18, 2024.

FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
December 5, 2024, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 929 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2025-667, K2025-666.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-29876 Filed 12-17-24; 8:45 am]
BILLING CODE 7710-12-P
```
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-3743

_____________________________

FLORIDA DEPARTMENT OF 

HEALTH,

Appellant,

v.

JOSEPH REDNER, an individual,

Appellee.

_____________________________

On appeal from the Circuit Court for Leon County.

Karen Gievers, Judge.

August 23, 2019

PER CURIAM.

The Department of Health appeals a judgment awarding costs 

to Joseph Redner as a prevailing party pursuant to § 57.041, 

Florida Statutes. While this costs-related appeal was pending, this 

court reversed the underlying merits judgment with directions to 

enter judgment in favor of the Department instead of Mr. Redner. 

Fla. Dep’t of Health v. Redner, 44 Fla. L. Weekly D 873 (Fla. 1st 

DCA Apr. 3, 2019). Accordingly, we now reverse the final judgment 

awarding costs to Mr. Redner because he is no longer the 

prevailing party. See William G. Graney, P.E. v. Caduceus Props., 

LLC, 93 So. 3d 1243, 1244 (Fla. 1st DCA 2012) (reversing award of 

costs as a prevailing party, where the underlying final judgment 

had been reversed).
2

REVERSED and REMANDED.

LEWIS, OSTERHAUS, and M.K. THOMAS, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

Jason Gonzalez, Rachel Nordby, and Amber Stoner Nunnally of 

Shutts & Bowen LLP, Tallahassee, for Appellant.

Luke Lirot of Luke Charles Lirot, P.A., Clearwater, for Appellee.
113TH CONGRESS 

2D SESSION H. R. 78 

AN ACT 

To designate the facility of the United States Postal Service 

located at 4110 Almeda Road in Houston, Texas, as 

the ‘‘George Thomas ‘Mickey’ Leland Post Office Building’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 78 EH

1 SECTION 1. GEORGE THOMAS ‘‘MICKEY’’ LELAND POST OF2 FICE BUILDING. 

3 (a) DESIGNATION.—The facility of the United States 

4 Postal Service located at 4110 Almeda Road in Houston, 

5 Texas, shall be known and designated as the ‘‘George 

6 Thomas ‘Mickey’ Leland Post Office Building’’. 

7 (b) REFERENCES.—Any reference in a law, map, reg8 ulation, document, paper, or other record of the United 

9 States to the facility referred to in subsection (a) shall 

10 be deemed to be a reference to the ‘‘George Thomas ‘Mick11 ey’ Leland Post Office Building’’. 

Passed the House of Representatives September 8, 

2014. 

Attest: 

Clerk. 

113TH CONGRESS 

2D SESSION H. R. 78 

AN ACT 

To designate the facility of the United States Postland Post Office Building’’. ton, Texas, as the ‘‘George Thomas ‘Mickey’ Le- al Service located at 4110 Almeda Road in Hous-
Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,

J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk February 17, 2011 

# Order

February 17, 2011

141513(18)

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, SC: 141513 v COA: 297182 Muskegon CC: 08-056761-FH SCOTT BENNETT HARRIS, Defendant-Appellant.

___________________ _________________

On order of the Chief Jus tice, the motion by defendant -appellant for extension to February 15, 2011 of the time for filing his brief and appendix is considered and it is granted.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 562 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 562

     To improve transfer of earned school credits for foster youth.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2015

 Mr. Grayson introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
     To improve transfer of earned school credits for foster youth.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Education for Foster Youth 
Act''.

SEC. 2. IMPROVED CREDIT TRANSFER FOR CHILDREN IN FOSTER CARE.

    Subpart 2 of part E of title IX (20 U.S.C. 7901 et seq.) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) 
is amended by adding at the end the following:

``SEC. 9537. CREDIT TRANSFER OF CHILDREN IN FOSTER CARE.

    ``Each State that receives assistance under this Act shall 
implement policies ensuring that a child in foster care who is changing 
schools can transfer school credits and receive partial credits for 
coursework satisfactorily completed while attending a prior school or 
educational program.''.
                                 <all>
```
Ryan BERRY, Appellant/Petitioner(s), v. Tamara Leigh BERRY, et al., Appellee/Respondent(s).

CASE NO.: 2D18-1522

District Court of Appeal of Florida, Second District.

October 12, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
**Exhibit 13.1**

 

 

**Certification Pursuant to Section 906 of theSarbanes-Oxley Act of 2002**

 

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18,United States Code)

 

Pursuant to section 906 of theSarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63of title 18, United States Code), the undersigned officer of Rinker GroupLimited, an Australian corporation (the “Company”), hereby certifies, tosuch officer’s knowledge, that:

 

The Annual Report on Form 20-F for theyear ended March 31, 2004**(the “Report”)of the Company fully complies with the requirements of section 13(a) or 15(d)of the Securities Exchange Act of 1934 and information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 
| Dated: June  18, 2004 |   |                         |
|-----------------------|--------|------------------------------|
|                  |   |                         |
|                  | /s/    | David V.  Clarke             |   |
|                  | Name:  | David Clarke                 |
|                  | Title: | Chief  Executive Officer and |
|                  |   | Managing  Director           |

 

----

 

**Certification Pursuant to Section 906 of theSarbanes-Oxley Act of 2002**

** **

(Subsections(a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

 

Pursuant to section 906 of theSarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63of title 18, United States Code), the undersigned officer of Rinker GroupLimited, an Australian corporation (the “Company”), hereby certifies, tosuch officer’s knowledge, that:

 

The Annual Report on Form 20-F for theyear ended March 31, 2004**(the “Report”)of the Company fully complies with the requirements of section 13(a) or 15(d)of the Securities Exchange Act of 1934 and information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 
| Dated_June  18, 2004 |                |
|----------------------|---------------------|
|                 |                |
|                 | /s/ Tom  Burmeister |   |
|                 | Name:               | Tom  Burmeister |
|                 | Title:              | Chief  Financial Officer |
|                      |                     |  |  |

 

----
---

EXHIBIT 32.1

|CERTIFICATION OF                             
|---------------------------------------------
|CHIEF EXECUTIVE OFFICER AND                  
|CHIEF FINANCIAL OFFICER                      
|PURSUANT TO                                  
|18 U.S.C. SECTION 1350,                      
|AS ADOPTED PURSUANT TO                       
|SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Wayne Smith, Chief Executive Officer and Chief Financial
Officer of Arvana Inc., (the Company), hereby 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:

| | (i)  | the Quarterly Report on Form 10-Q of the Company for the
      quarter ended September 30, 2008 (the Quarterly Report) fully complies
      with the requirements of Section 13(a) or 15(d) of the Securities Exchange
      Act of 1934, as amended; and
| | ---- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                            
| | (ii) | the information contained in the Quarterly Report fairly
      presents, in all material respects, the financial condition and results of
      operations of the Company.                                                                                 

| | By:    | /s/
      Wayne Smith      
| | ------ | ---------------------------
| | Name:  | Wayne Smith                
| |        |                            
| | Title: | Chief Executive Officer and
| |        | Chief Financial Officer    
| |        |                            
| |        |                            
| | Date:  | November 13, 2008          

---
**Exhibit 32.2**

 

**CERTIFICATION OF CFO PURSUANTTO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

 

In connectionwith the annual report on Form 10-K of DTS, Inc. (the “Company”) for the year endedDecember 31, 2005 as filed with the Securities and Exchange Commission on the datehereof (the “Report”), I, Melvin L. Flanigan, Chief Financial Officer of the Company,hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, to the best of my knowledge, 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 fairly presents,in all material respects, the financial condition and results of operations of theCompany.

 

 
| Dated: March 16, 2006 | By     | /s/ MELVIN L. FLANIGAN  |   |
|-----------------------|--------|-------------------------|--------|
|                  |   | Melvin L. Flanigan      |   |
|                  |   | Chief Financial Officer |   |

 

A signed originalof this written statement required by Section 906 of the Sarbanes-Oxley Actof 2002 has been provided to DTS, Inc. and will be retained by DTS, Inc. and furnishedto the Securities and Exchange Commission or its staff upon request.

 

----
Slip Op. 16 - 50 

## UNITED STATES COURT OF INTERNATIONAL TRADE

: TOSCELIK PROFIL VE SAC ENDUSTRISI A.S., : : Plaintiff, : : v. : Before: R. Kenton Musgrave, Senior Judge : UNITED STATES, : Court No. 14-00211 : Defendant. : :

JUDGMENT As discussed in slip opinion 15-144 (Dec. 21, 2015), the plaintiff, Toscelik Profil ve Sac Endustrisi A.S. (“Toscelik”), persuaded that remand of Circular Welded Carbon Steel Pipes And Tubes From Turkey: Final Results of Countervailing Duty Administrative Review; Calendar Year 2012 and Rescission of Countervailing Duty Administrative Review, in Part , 79 Fed. Reg. 51140 (Aug. 27, 2014) (“ 2012 Review ”) to the International Trade Administration, U.S. Department of Commerce (“Commerce”), was appropriate for consideration of the application of the amended 2011 final results of Toscelik’s net subsidy rate to this matter; and thereafter Commerce’s Final Results of Redetermination Pursuant to Court Remand dated April 14, 2016 having been filed with the court on April 15, 2016, ECF No. 37 (“ Redetermination ”); and the parties’ joint status report of May 4, 2016 having explained that Commerce under respectful protest applied the amended 2011 rate to the 2012 Review ; and that report further indicating, inter alia , that the parties agree the Redetermination satisfies the remand order and should be sustained; Now, therefore, in view of the foregoing, it is

ORDERED, ADJUDGED AND DECREED that those results of the Redetermination be, and they hereby are, sustained.

/s/ R. Kenton Musgrave R. Kenton Musgrave, Senior Judge Dated: May 11, 2016 New York, New York
Exhibit 32.1

                            Certification Pursuant to
                             18 U.S.C. Section 1350
                           by Chief Executive Officer

      In connection with the Annual Report of VSB Bancorp, Inc. (the "Company")
on Form 10-KSB for the period ending December 31, 2003 as filed with the
Securities and Exchange Commission on or about the date hereof (the "Report"),
I, Merton Corn, President and Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, 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 results of operations of the Company.

Date: March 23, 2004

                                               /s/ Merton Corn
                                               ---------------------------------
                                               Merton Corn, President and CEO

A signed original of this written statement 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.
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