alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-41167

Conference Calendar

 

PAUL HAROLD RICE,

Plaintiff-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT 

OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; 

COURT OF CRIMINAL APPEALS OF TEXAS, Supreme 

Court Building, Austin, Texas 78711; DENTON 

COUNTY DISTRICT CLERK, 362nd District Court 

of Denton County, Texas,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:00-CV-281

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

April 11, 2002

Before SMITH, DeMOSS, and PARKER, Circuit Judges.

PER CURIAM:*

Paul Harold Rice, Texas inmate #900007, appeals the district

court’s denial of his motion for a preliminary injunction. 

Rice’s motion for leave to supplement his corrected appellate

brief is GRANTED.

Rice’s appellate argument is moot in light of the district

court’s dismissal of his 42 U.S.C. § 1983 suit. A preliminary

injunction cannot survive the dismissal of a complaint. 11A
No. 01-41167

-2-

CHARLES ALAN WRIGHT ET AL., FEDERAL PRACTICE & PROCEDURE § 2947 at 126

n.19 (2d ed. 1995)(citing Venezia v. Robinson, 16 F.3d 209, 211

(7th Cir. 1994).

Rice’s appeal is without arguable merit and thus frivolous. 

Howard v. King, 707 F.2d. 215, 219-20 (5th Cir. 1983). Because

the appeal is frivolous, it is DISMISSED. 5TH CIR. R. 42.2.

The district court’s dismissal of Rice’s 42 U.S.C. § 1983

complaint for failure to state a claim upon which relief could be

granted counts as a “strike” under 28 U.S.C. § 1915(g). Adepegba

v. Hammons, 103 F.3d 383, 387 (5th Cir. 1996). The dismissal of

the instant appeal as frivolous counts as a strike for purposes

of 28 U.S.C. § 1915(g). Adepegba, 103 F.3d at 387-88. Rice

accumulated two strikes in Rice v. Line, No. 01-40320 (5th Cir.

Dec. 11, 2001). Adepegba, 103 F.3d at 387-88. Because he has at

least three strikes, Rice is barred hereafter from proceeding in

forma pauperis in any civil action or appeal filed while he is

incarcerated or detained in any facility unless he is under

imminent danger of serious physical injury. 28 U.S.C. § 1915(g). 

APPEAL DISMISSED AS FRIVOLOUS; MOTION GRANTED; 28 U.S.C.

§ 1915(g) BAR IMPOSED.
EXHIBIT 31.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

I, Barbara A. Ras, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Alliance Distributors
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 other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rule
13a-15(e) and 15d-15(e)) 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, 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) Evaluated the effectiveness of the Company'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

(c) Disclosed in this report any change in the Company's internal control over
financial reporting that occurred during the Company'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
Company's internal control over financial reporting; and

5. The other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the Company's
auditors and the audit committee of the Company'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 Company'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 Company's internal control over
financial reporting.

Date: May 16, 2005

                              /s/ Barbara A. Ras
                              -------------------------------------
                              Barbara A. Ras
                              Chief Financial Officer and Principal
                              Financial & Accounting Officer
<PAGE>
                                                                    EXHIBIT 99.1

                            CERTIFICATION 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 hereby certifies, to the best of his knowledge
         in his capacity as an officer of NRG Northeast Generating LLC, ("the
         Company"), for purposes of 18 U.S.C. Section 1350, as adopted pursuant
         to Section 906 of the Sarbanes-Oxley Act of 2002 that the Annual Report
         on Form 10-K for the year ended December 31, 2002 fully complies with
         the requirements of Section 13(a) of the Securities Exchange Act of
         1934 and that the information contained in such report fairly presents,
         in all material respects, the financial condition and results of
         operations of the Company.

Dated: April 14, 2003

/s/ RICHARD C. KELLY
-----------------------------------------------------------
Richard C. Kelly, President and Management Committee Member


/s/ GEORGE SCHAEFER
-----------------------------------------------------------
George Schaefer, Treasurer and Management Committee Member

The foregoing certification is being furnished solely pursuant to 18 U.S.C
Section 1350 and is not being filed as part of the Report or as a separate
disclosure document.

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



EXHIBIT 32.1
 WRITTEN STATEMENT
PURSUANT TO
18 U.S.C. SECTION 1350
  (i)
    
    the Companys Quarterly Report on Form 10-Q/A
for the quarter ended March 31, 2006 (the Report) fully complies with
the requirements of section 13(a) and 15(d) of the Securities Exchange
Act of 1934; and(ii)
    
    the information contained in the Report fairly
presents, in all material respects, the financial condition and results
of operations of the Company.
 Dated: August 11, 2006
    
    /S/ Steven F. Udvar-Hazy

STEVEN F. UDVAR-HAZYDated: August 11, 2006
    
    /S/ Alan H. Lund

ALAN H. LUND
 -32-
Larry Crandall ROBERTS, Appellant, v. STATE of Florida, Appellee.

No. 1D18-0332

District Court of Appeal of Florida, First District.

January 31, 2019

Luke Newman of Luke Newman, P.A., Tallahassee, for Appellant.

Ashley B. Moody, Attorney General, and Steven E. Woods, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

Larry Crandall Roberts appeals his judgments and sentences for two counts of aggravated assault with a firearm following a nonjury trial. Roberts's sole argument on appeal is that the trial court erred in rejecting both his statutory1 and common law affirmative defenses2 of citizen's arrest regarding his use of a shotgun while attempting to detain two unarmed individuals,3 whom he believed had committed a felony.

A detailed recitation of the facts is unnecessary to our resolution. While we agree with Roberts that he initially had probable cause to effect a citizen's arrest, the State presented evidence at trial contradicting *876Roberts's affirmative defense by showing that he did not act in a reasonable manner when he attempted to detain the two individuals. This factual dispute regarding the affirmative defense was resolved by the trier of fact adversely to Roberts, and the record contains competent substantial evidence supporting his convictions.

AFFIRMED .

Evander, Lambert, and Eisnaugle, Associate Judges,4 concur.

4

Sitting as Associate Judges of the First District Court of Appeal in this case by designation and order of the Chief Justice of the Florida Supreme Court.

1

*See* § 810.09(2)(c), Fla. Stat. (2013).

2

In a criminal case, "[a]n affirmative defense does not concern itself with the elements of the offense at all; it concedes them. In effect, an affirmative defense says, 'Yes, I did it, but I had a good reason.' " *State v. Cohen* , 568 So.2d 49, 51-52 (Fla. 1990).

3

One of the individuals was a minor.
Order entered October 3, 2019

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-00561-CR

No. 05-19-00712-CR

RICHARD LEE CORTEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 283rd Judicial District Court

Dallas County, Texas

Trial Court Cause Nos. F17-33286-T & F17-33287-T

ORDER

Before the Court is appellant’s October 2, 2019 second motion to extend the time to file 

appellant’s brief. We GRANT the motion and ORDER appellant’s brief filed on or before 

November 7, 2019. If appellant’s brief is not filed by November 7, 2019, this appeal may be 

abated for the trial court to make findings in accordance with rule of appellate procedure 38.8.

The reporter’s record does not include a copy of the videotaped interview admitted into 

evidence as State’s Exhibit 13. We ORDER court reporter Crystal Johnson to file, by October 

25, 2019, a supplemental reporter’s record containing State’s Exhibit 13.

We DIRECT the Clerk to transmit a copy of this order, by electronic transmission, to
–2–

court reporter Crystal Johnson and to counsel for the parties.

/s/ CORY L. CARLYLE 

JUSTICE
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 Avaya Inc. (the Company) on Form 10-Q for the period ending March 31, 2011, as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, Kevin J. Kennedy, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to my knowledge,
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.



|                                                                                    
|------------------------------------------------------------------------------------
|/s/    KEVIN J. KENNEDY                                                             
|Kevin J. Kennedy President
and Chief Executive Officer (Principal Executive Officer)

May 12, 2011
EXHIBIT 99.2

                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 IPEC Holdings Inc. (the "Company") on
Form 10-QSB for the period  ending June 30, 2003,  as filed with the  Securities
and Exchange  Commission on the date hereof (the  "Report"),  I, Shawn C. Fabry,
Chief Financial 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 results of operations of
         the Company.


/S/SHAWN C. FABRY
----------------------
Shawn C. Fabry
Chief Financial Officer

                                       21
IN RE: Sean P. MOUNT

NO. 2018-B-1823

Supreme Court of Louisiana.

January 8, 2019

ATTORNEY DISCIPLINARY PROCEEDING

PER CURIAM

The Office of Disciplinary Counsel ("ODC") commenced an investigation into respondent's arrest for driving while intoxicated. Prior to the filing of formal charges, respondent and the ODC submitted a joint petition for consent discipline, in which the parties stipulated that respondent violated Rule 8.4(b) (commission of a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer) of the Rules of Professional Conduct. Having reviewed the petition,

IT IS ORDERED that the Petition for Consent Discipline be accepted and that Sean P. Mount, Louisiana Bar Roll number 27584, be and he hereby is suspended from the practice of law for a period of one year and one day. It is further ordered that this suspension shall be deferred in its entirety and that respondent shall be placed on probation for a period to coincide with the term of his diagnostic monitoring agreement with the Judges and Lawyers Assistance Program. Any failure of respondent to comply with the terms of the agreement may be grounds for making the deferred suspension executory, or imposing additional discipline, as appropriate.

IT IS FURTHER ORDERED that all costs and expenses in the matter are assessed against respondent in accordance *1018with Supreme Court Rule XIX, § 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.
Beckstead and Watts, LLP

Certified Public Accountants

2425 W. Horizon Ridge Parkway

Henderson, NV 89052

702.257.1984

702.362.0540 fax







Securities and Exchange Commission



Washington, DC 20549



Ladies and Gentlemen:



We have issued our report dated March 30, 2005, accompanying the financial statements of Navitone Technologies, Inc. (formerly World Wide Web, Inc.) on Form 10-KSBfor the year ended December 31, 2003. We hereby consent to the incorporation by reference of said reports on the annual report of Navitone Technologies, Inc. on Form 10-KSBto be filed with the US Securities and Exchange Commission.



Signed,



/s/ Beckstead and Watts, LLP



March 30, 2005
Shawn HENRY, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-4908

District Court of Appeal of Florida, Second District.

January 11, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Appeal is dismissed.
Maribelle ILARRAZA, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-2457

District Court of Appeal of Florida, Fifth District.

Decision filed December 26, 2018

James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

COHEN, C.J., TORPY and EDWARDS, JJ., concur.
Heather GRIFFIN, Appellant/Petitioner(s), v. Bob GUALTIERI, Sheriff, Appellee/Respondent(s).

CASE NO.: 2D18-4479

District Court of Appeal of Florida, Second District.

January 7, 2019

BY ORDER OF THE COURT:

Defendant's petition for writ of habeas corpus is denied without prejudice to file a timely notice of appeal upon the rendition of an appealable order revoking the defendant's probation.

MORRIS, BLACK, and SLEET, JJ., Concur.
Exhibit 13.1  CERTIFICATION OF DANIEL VASELLA,
CHAIRMAN AND CHIEF EXECUTIVE OFFICER OF
NOVARTIS AG AND RAYMUND BREU, CHIEF FINANCIAL OFFICER OF NOVARTIS AG,
PURSUANT TO SECTION 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002  In
connection with the Annual Report of Novartis AG (the Company) on Form 20-F
for the period ending December 31, 2009, as filed with the Securities and
Exchange Commission on the date hereof (the Report), the undersigned hereby
certify that to the best of our knowledge:  1.The Report fully complies with the
requirements of Section 13(a) 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.   /s/  DANIEL
  VASELLAName:
  Daniel VasellaTitle:
  Chairman
  and Chief Executive Officer/s/  RAYMUND
  BREUName:
  Raymund BreuTitle:
  Chief
  Financial Officer  Date: January 26, 2010
Exhibit 13.2  CERTIFICATION OF JONATHAN SYMONDS, CHIEF FINANCIAL OFFICER OF NOVARTIS AG PURSUANT TO SECTION 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  In connection with the Annual Report of Novartis AG (the Company) on Form 20-F for the period ending December 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certify that to the best of our knowledge:  1.The Report fully complies with the requirements of Section 13(a) 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.   /s/  JONATHAN   SYMONDSName:
Jonathan   SymondsTitle:
Chief Financial OfficerDate:   January 25, 2012
EXHIBIT 32



                  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICERS
     PURSUANT TO 18 U.S.C. ss.ss.1350, AS ADOPTED PURSUANT TO SECTION 906 OF
                         THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Bravo Resource Partners Ltd. (the
"Company") on Form 10-QSB for the quarter ended October 31, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), we,
Tyrone R. Carter, President and Chief Executive Officer and Ernest Staggs,
Principal Financial 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 our 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 the Company.


Date:  December 9, 2005
                             By:  /s/ Tyrone R. Carter
                                   -------------------------------------------
                                   Tyrone R. Carter, Chief Executive Officer



                             By:  /s/ Ernest Staggs
                                  --------------------------------------------
                                   Ernest Staggs, Principal Financial Officer
Exhibit 12.4


                                  CERTIFICATION

I, Pedro A. Richards, certify that:

1.   I have reviewed this Amendment No. 1 to the Annual Report on Form 20-F of
     Grupo Financiero Galicia S.A.;

2.   Based on my knowledge, this Amendment No. 1 to the Annual Report on Form
     20-F 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.

Date: April 12, 2005

                                              /s/ Pedro A. Richards
                                              -----------------------------
                                              Pedro A. Richards
                                              Chief Financial Officer
                                              (principal financial officer)
# U ni te d S ta te s Co ur t of A pp ea ls For the Eig hth Circu it

__ __ __ __ __ __ __ __ __ __ __ __ __ _ No. 1 7- 13 83

__ __ __ __ __ __ __ __ __ __ __ __ __ _ Bret t M cNeal
ll ll ll ll ll ll ll ll ll ll l Pla in ti

ff - App el la nt

v. Uni ve rs it y

of M in ne so taPh y si ci an s ll ll ll ll ll ll ll ll ll ll l Defe nd

an t - Ap pe ll ee

__ __ __ __ __ __ App eal fro m

Uni te d S ta te s Di st ric t Co ur t fo r th e Dis tri ctof M in ne so ta- Mi nn eap ol is

__ __ __ __ __ __ Subm it te d: Marc h 1 3, 2 01 8 Fil ed : J un e 2 8, 2 01 8 [Unpubl is he d]

__ __ __ __ __ __ Befo re GRUENDER, BEAM, an d KELLY, Circ ui t J ud ge s.

__ __ __ __ __ __ PER CURI AM.

Bret t McNe al ap pe al s aft er th e di st ric t c o u rt ad ve rs el y gr an te d su m m ary 1 jud gm en t in hi s em

pl oym en t-d is cri m in at io n an d wro ng fu l-d is ch arg e su it ag ai ns t hi s

The Hon or ab le Ri ch ard H. Ky le , Uni te d St at es Dis tri ct Ju dg e fo r th e Dis tri ct 1 of Mi nn es ot a.fo rm er em

pl oyer, Uni ve rs it y of Mi nn es ot a Ph y si ci an s. Hav in g rev ie wed th e reco rd
an d t he pa rti es ’ arg um en ts on ap pe al , we con cl ud e th atth e d is tri ct co ur t di d n ot err in it s de ci si on
. Se e Fed

. R. Ci v. P. 56 (a) (“ The co ur t sh al l gr an t su m m ary jud gm en t if th e m ov an t sh ows th at th ere is no ge nu in e di sp ut e as to a n y m at eri al fact an d th e m ov an t is en ti tl ed to jud gm en t as a m at te r of la w.”); Gib so n v. Am. Gre et in gs Co rp
. , 67 0 F.3 d 84 4, 85 2- 53 (8 th Ci r. 20 12 ) (ex pl ai ni ng th at we rev ie w a gr an t of su m m ary jud gm en t de no vo , v i e w in g al l fact s in th e li gh t m os t fav or ab le to th e no nm ov in g pa rty). Accord in gl y , th e jud gm en t i s af firm ed

. Se e 8t h C ir. R . 47 B.

__ __ __ __ __ __ __ __ __ __ __ __ __ __ __

-2

-
Kurt MARIN and Maurice Symonette, Appellants, v. HSBC BANK USA, N.A., Appellee.

No. 3D18-635

District Court of Appeal of Florida, Third District.

Opinion filed January 23, 2019.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.