alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-6386

FRANKLIN C. SMITH,

Plaintiff - Appellant,

v.

WILLIAM R. O’BRIEN, Virginia Beach Circuit Judge; HAROLD W. CLARKE, 

Director of (VDOC); SCOTT FREDERICK HALLAUER, Sentencing & Appeal 

Attorney,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Norfolk. Mark S. Davis, Chief District Judge. (2:19-cv-00266-MSD-RJK)

Submitted: July 23, 2020 Decided: July 28, 2020

Before WILKINSON, MOTZ, and RICHARDSON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Franklin C. Smith, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Franklin C. Smith appeals the district court’s order granting Smith’s motion to 

voluntarily dismiss his 42 U.S.C. § 1983 (2018) action and dismissing the action without 

prejudice. On appeal, we confine our review to the issues raised in the informal brief. See

4th Cir. R. 34(b). Because Smith’s informal brief does not challenge the basis for the 

district court’s disposition, he has forfeited appellate review of the court’s order. See

Jackson v. Lightsey, 775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an important 

document; under Fourth Circuit rules, our review is limited to issues preserved in that 

brief.”). Accordingly, we affirm the district court’s judgment. We dispense with oral 

argument because the facts and legal contentions are adequately presented in the materials 

before this court and argument would not aid the decisional process.

AFFIRMED
David Lee CLANTON, Appellant, v. STATE of Florida, Appellee.

No. 1D17-2781

District Court of Appeal of Florida, First District.

August 15, 2018 Rehearing Denied December 18, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
In the INTEREST OF A.M., A.W., B.W., and J.W., Children.

A.B., Appellant, v. Department of Children and Families and Guardian Ad Litem Program, Appellees.

Case No. 2D18-3347

District Court of Appeal of Florida, Second District.

Opinion filed January 2, 2019

Linda C. Clark of Linda C. Clark, P.A., Tampa, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Mary Soorus, Assistant Attorney General, Tampa, for Appellee Department of Children and Families.

Douglas J. Glaid, Fort Lauderdale; and Thomasina Moore, Statewide Director of Appeals and Laura J. Lee, Appellate Counsel, Tallahassee, for Appellee Guardian ad Litem Program.

PER CURIAM.

Affirmed.

SILBERMAN, BLACK, and ATKINSON, JJ., Concur.
##### Table of Contents



SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 
 FORM 8-K
 CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
 Date of Report (Date of Earliest Event Reported): March 1, 2006
 CELEBRATE EXPRESS, INC.
  Washington
    
    000-50973
    
    91-1644428(State or other jurisdiction
of incorporation)
    
    (Commission File Number)
    
    (I.R.S. Employer
Identification No.)
 11220  120th Avenue NE
Kirkland, Washington 98033
 (425) 250-1061
 
   o
 o
 o
 o




---



TABLE OF CONTENTS  Item 1.01 Entry into a Material Definitive AgreementItem 9.01 Financial Statements and ExhibitsSIGNATUREEXHIBIT 10.1    Table of Contents  
 Item 1.01 Entry into a Material Definitive Agreement
  
 Item 9.01 Financial Statements and Exhibits
  Exhibit
    
    Description10.1
    
    
    Form of Restricted Stock Unit Agreement under the Companys 2004
Amended and Restated Equity Incentive Plan, as amended.




---



##### Table of Contents



SIGNATURE
  Dated:  March 7, 2006
    CELEBRATE EXPRESS, INC.By:
    /s/ Darin L. WhiteDarin L. WhiteVice President, Finance
William FALES, Jr., Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-3090

District Court of Appeal of Florida, Fifth District.

Decision filed November 13, 2018 Rehearing Denied December 19, 2018

William L. Fales, Jr., Orlando, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen K. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

WALLIS, LAMBERT and EDWARDS, JJ., concur.
Nathan and Sharon MITCHELL d/b/a Shapes Gym v. AARON'S, INC. and Wal-Mart Stores, Inc.

NO. 2018-C-1882

Supreme Court of Louisiana.

January 18, 2019

Writ denied.

HUGHES, J., would grant.

GENOVESE, J., would grant in part and assigns reasons.

**ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF ASCENSION**

GENOVESE, J., would grant in part and assigns the following reasons.

I write solely to maintain the efficacy of La.Code Civ.P. art. 934 relative to sustaining a peremptory exception. In this case, both defendants filed peremptory exceptions of res judicata, which were sustained by the trial court, affirmed on appeal, and their requests for rehearing were denied. The majority herein has voted to deny this writ. I disagree in part only to the extent of not following the mandate of La.Code Civ.P. art. 934 (emphasis added), which reads in part as follows: "When the grounds of the objection pleaded by the peremptory exception may be removed by amendment of the petition, the judgment sustaining the exception *shall* order such amendment within the delay allowed by the court."

The trial court sustained defendants' exceptions of res judicata and dismissed plaintiffs' claims with prejudice; however, there was neither a determination nor ruling by the trial court as to whether "the objection pleaded by the peremptory exception may be removed by amendment of the petition...." *Id.* Thus, the dismissal with prejudice is premature as La.Code Civ.P. art. 934 was not followed.

Therefore, I would grant the writ in part and remand the matter to the trial court for a ruling as to whether an amendment to the petition would or could remove the *773objections to the petition as set forth in La.Code Civ.P. art. 934. Notwithstanding such, I would deny the writ.
Exhibit 32.2

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 Digital Network International Alliance, Inc. (the "Company") on Form 10-QSB for the period ended June 30, 2007 (the "Report"), I, Eppie Wong, CFO and a director 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 requirement 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 Company's
> financial position and results of operations.

/s/Eppie Wong



Eppie Wong,

 CFO and a director

August 20, 2007
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State News Release        July 15, 2015        Drainage of Prairie Pothole Wetlands Can Increase Flooding and Degrade Ecosystems

State News Release        June 16, 2022        USGS Media Alert: USGS crews continue to measure and assess Yellowstone River flood conditions and probabilities
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# 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 17, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® 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® Contract 907 to Competitive Product List.*                     Documents are available at                     *www.prc.gov*, Docket Nos. MC2025-633, K2025-632.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-29812 Filed 12-16-24; 8:45 am]

BILLING CODE 7710-12-P
Order entered July 2, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00443-CV

WILLIE BROWN, ET AL., Appellants

V.

DEUTSCHE BANK NATIONAL TRUST COMPANY, Appellee

On Appeal from the County Court at Law No. 4

Collin County, Texas

Trial Court Cause No. 004-00495-2013

ORDER

The Court has before it the Collin County Clerk’s third request for an extension of time to 

file the clerk’s record. The Court GRANTS the motion and ORDERS the Collin County Clerk 

to file the record within ten days after appellants make payment for the record. We ORDER

appellants to pay or make arrangements to pay for the clerk’s record within ten days of the date 

of this order. If appellants do not do so, this appeal may be dismissed without further notice.

/s/ ELIZABETH LANG-MIERS 

JUSTICE
Richard Price TUCKER, Appellant, v. STATE of Florida, Appellee.

No. 1D17-0752

District Court of Appeal of Florida, First District.

October 31, 2018

Andy Thomas, Public Defender, and Jasmine Russell, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Kaitlin Weiss, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

*256Appellant challenges the trial court's order revoking his probation. Appellant argues that the trial court failed to hold a proper *Faretta* inquiry after appellant made an unequivocal request to represent himself. The State concedes that reversible error occurred. We agree. *Williams v. State* , 163 So.3d 740, 741 (Fla. 1st DCA 2015) ; *see also**Cuyler v. State* , 131 So.3d 827, 828 (Fla. 1st DCA 2014) (holding a defendant who chooses to proceed pro se must be offered the assistance of counsel at every critical stage of a criminal proceeding, including the sentencing hearing).

Accordingly, we REVERSEappellant's judgment and sentence and REMANDfor a new revocation of probation hearing with instructions for the trial court to conduct a proper *Faretta* inquiry at every critical stage of the proceeding if appellant chooses to represent himself.

Wolf, Lewis, and Rowe, JJ., concur.
November 25 , 2014



### JUDGMENT 

## The Fourteenth Court of Appeals LARRLYON DESHUN WILL IAMS , Appellant NO. 14 - 13 - 00149 - C R NO. 14 - 13 - 00150 - CR NO. 14 - 13 - 00156 - C R V. THE STATE OF TEXAS , Appellee

________________________________ This cause was heard on the transcript of the record of the court below. Having considered the record, this Court holds that there was no error in the judgment. The Court orde rs the judgment AFFIRMED . We further order this decision certified below for observance.
Gustave J. LABARRE, Jr., Ramona H. Talbot, Howard J. Dupre, III, Gail D. Boudreaux, Floyd A. Labarre, Marlene L. Folse, Cheryl D. Daigle, Henry R. Lawes, Jr., Sidney J. Hernandez, June D. Bouchereau, Louis P. LeBlanc, Jr., Pierre F. V. Delabarre, IV, Mary G. Delabarre, Katherine D. Labarre, Andre P. V. Delabarre, Gilbert J. Dupre, Jr., Grant J. Dupre, Grantlyn D. Wheeler, Elena R. LeBlanc, Helen H. Shaw, Anita H. Williams, Gertrude L. Landry, Lydia L. Shavers, Merrill L. Cornay, Harry J. Simoneaux, Sr., Harry J. Simoneaux, Jr., Amy Simoneaux, Lyle T. Simoneaux, Joie A. Simoneaux, Simone S. Lawson, Christopher A. Simoneaux, Gregory J. Dupre, Augusta L. Riffert, Albert H. LeBlanc, Jr., Maria Carmen Delabarre, Lizarraga Enterprises, LLC v. TEXAS BRINE COMPANY, LLC and Georgia Gulf Chemical & Vinyls, LLC

NO. 2018-CC-1854

Supreme Court of Louisiana.

January 14, 2019

Denied.
Exhibit 32.1

               Chief Executive Officer Certification (Section 906)

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


      Pursuant to 18 U.S.C. Section 1350 (as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002), I, the undersigned President and Chief
Executive Officer of Nuclear Solutions, Inc., (the "Company"), herby certify
that, to the best of my knowledge, the Quarterly Report on Form 10-QSB of the
Company for the period ended September 30, 2006 (the "Report") fully complies
with the requirements of section 13(a) or 15(d) of the Securities Exchange Act
of 1934 and that information contained in the Report fairly presents, in all
material respects, the financial condition and results of operation of the
Company. A signed original of this written statement required by Section 906 has
been provided to the registrant and will be retained by it and furnished to the
Securities and Exchange Commission or its staff upon request.


Dated November 20, 2006                         /s/ Patrick Herda
                                                -----------------------
                                                Chief Executive Officer
##### Table of Contents



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 FORM 8-K
 CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
 Date of Report (Date of earliest event reported) June 2, 2006
 NORTH POINTE HOLDINGS CORPORATION
 
 Michigan
    
    000-51530
    
    38-3615047(State or other jurisdiction
of incorporation)
    
    (Commission
File Number)
    
    (IRS Employer
Identification No.)
 28819 Franklin Road, Southfield, Michigan
    
    48034(Address of principal executive offices)
    
    (Zip Code)
 Registrants telephone number, including area code (248) 358-1171
  o
    
    Written communication pursuant to Rule 425 under the Securities Act.o
    
    Soliciting material pursuant to Rule 14a-2 under the Exchange Act.o
    
    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act.o
    
    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act.




---



TABLE OF CONTENTS  Item 7.01. Regulation FD Disclosure.Item 9.01. Financial Statements and Exhibits.SIGNATURESEXHIBIT INDEXPress Release, dated June 2, 2006    Table of Contents  
 Item 7.01. Regulation FD Disclosure.
   
 Item 9.01. Financial Statements and Exhibits.
   2




---



##### Table of Contents



SIGNATURES
  Dated: June 8, 2006
    
    NORTH POINTE HOLDINGS CORPORATION(Registrant)
 By:

/s/ James G. PetcoffJames G. PetcoffIts: Chief Executive Officer 3




---



##### Table of Contents



EXHIBIT INDEX
 Exhibit Number
    
    DescriptionExhibit 99.1
    
    Press release dated June 2, 2006
 4
<PAGE>

                                                                    EXHIBIT 32.2

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

      This certification is provided pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, and accompanies the annual
report on Form 11-K for the plan year ended December 31, 2003 (the "Form 11-K")
of Community Shores Bank 401k Plan (the "Issuer").

      I, Tracey A. Welsh, Trustee of the 401k Plan, certify that to my
knowledge:

      (i)   the Form 11-K fully complies with the requirements of Section 13(a)
            or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
            78m(a) or 78o(d)); and

      (ii)  the information contained in the Form 11-K fairly presents, in all
            material respects, the financial condition and results of operations
            of the Issuer.

Dated: June 27, 2006
                                 /s/ Tracey A. Welsh
                                --------------------------------------
                                      Tracey A. Welsh
                                      Trustee of the Issuer
                                      (chief financial officer)

A signed original of this written statement required by Section 906 has been
provided to Community Shores Bank 401k Plan and will be retained by Community
Shores Bank 401k Plan and furnished to the Securities and Exchange Commission or
its staff upon request.
**Exhibit
32.2**
 
 **CERTIFICATION
PURSUANT TO SECURITIES AND EXCHANGE ACT OF 1934 RULE 13a - 14(b) 18U.S.C.
SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACTOF
2002**
 
 In
connection with the Annual Report of Smart Online, Inc. (the "Company") on Form
10-K for the period ended December 31, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned, Scott
Whitaker, Principal Financial Officer and Principal Accounting 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/
Scott Whitaker**
 Scott
Whitaker
 Principal
Financial Officer and Principal Accounting Officer
 April
13, 2005
 
 A
signed original 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.
Charles OSBORN, Appellant, v. STATE of Florida, Appellee.

No. 1D17-2136

District Court of Appeal of Florida, First District.

November 21, 2018 Rehearing Denied January 17, 2019

Charles Osborn, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

AFFIRMED .

Roberts, Makar, and Bilbrey, JJ., concur.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

October 5, 2007 Clifford W. Taylor,
Chief Justice 133682 & (56) Michael F. Cavanagh
Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan STATE NEWS, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman,
Justices

v SC: 133682 COA: 271433 Ingham CC: 06-000674-CZ MICHIGAN STATE UNIVERSITY, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the motion for leave to file an amicus curiae brief is GRANTED. The application for leave to ap peal the March 6, 20 07 judgment of the Court of Appeals is considered, and it is GRANTED, limited to th e issue whether the Court of Appeals erred in instructing the I ngham Circuit Court, on remand, regarding the “personal nature” of public record s covered by the Freedom of Information Act privacy exemption, MCL 15.243(1)(a), or the law enforcement purp oses privacy exemption, MCL 15.243(1)(b)(iii), in cluding whether the “personal nature” of such records may be affected by the contemporaneous or later public st atus of some or all of the information. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented s hould be reviewed by this Court prior to the completion of the proceedings ordered by the Court of Appeals.

p1002 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.

October 5, 2007

Clerk
STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

GARY ANDERSON AND MANITA

POINTER

VERSUS

THE GRAY INSURANCE COMPANY, 

AG LOGISTICS, LLC AND

BENIGNO HERNANDEZ GONZALES

NO. 2023 CW 1000

DECEMBER 4, 2023

In Re: The Gray Insurance Company and AG Logistics, LLC, 

applying for supervisory writs, 18th Judicial District

Court, Parish of Iberville, No. 81138. 

BEFORE: McCLENDON, HESTER AND MILLER, JJ. 

WRIT DENIED. The criteria set forth in Berlitz

Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 

396 So.2d 878 ( La. 1981) ( per curiam) are not met. 

PMc

CHH

Miller, J., concurs and would deny the writ application. 

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT

FOR THE COURT
<PAGE>


                                                                    Exhibit 99.2


                  Certification of Principal Financial Officer
                           Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)


I, B. Lee McGee, Senior Vice President and Treasurer (principal financial
officer) of eSylvan, Inc. (the "Registrant"), certify, to the best of my
knowledge, based upon a review of the Annual Report on Form 10-K for the period
ended December 31, 2002 of the Registrant (the "Report"), that:


      (1) The Report fully complies with the requirements of Section 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
Registrant.



/s/ B. Lee McGee
----------------
B. Lee McGee
March 27, 2003