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Dr. Calvin NICHOLAS v. EAST BATON ROUGE PARISH SCHOOL SYSTEM

NO. 2018-C-1865

Supreme Court of Louisiana.

January 18, 2019

Denied.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-7853

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CHESTER LEE BARNES, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. Terrence W. Boyle, 

District Judge. (5:07-cr-00351-BO-1; 5:12-cv-00052-BO)

Submitted: February 8, 2013 Decided: February 13, 2013

Before MOTZ, SHEDD, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Chester Lee Barnes, Jr., Appellant Pro Se. Jennifer P. MayParker, Assistant United States Attorney, Raleigh, North 

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Chester Lee Barnes, Jr., appeals the district court’s 

order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2012) 

motion. We have reviewed the record and find no reversible 

error. Accordingly, we affirm for the reasons stated by the 

district court. United States v. Barnes, Nos. 5:07-cr-00351-BO1; 5:12-cv-00052-BO (E.D.N.C. Oct. 19, 2012). 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
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#### Pagination

-  First page« First 
-  Previous page‹‹ 
-                Page            1 
-                Current page            2
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-7695

STEVEN E. HESTER,

Plaintiff - Appellant,

versus

STEVEN STOWE (F.B.I.); ED RYAN (F.B.I.); PATRICK MCNARDO (U.S.M.); SCOTT SEWALL (U.S.M.);

OFFICER SWEET (AA County Police); BEN WILSON

(B.C.D.C); VENABLE, Social Worker, B.C.D.C.,

Defendants - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-95-

2300-AMD)

Submitted: May 14, 1998 Decided: May 21, 1998

Before WIDENER and MICHAEL, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Steven E. Hester, Appellant Pro Se. Lynne Ann Battaglia, United

States Attorney, Perry F. Sekus, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland; John Joseph Curran, Jr., Attorney General, Amy Kushner Kline, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND,

Baltimore, Maryland, for Appellees.
* Appellant also brought claims under Bivens v. Six Unknown

Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388

(1971).

2

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Appellant appeals from the district court's order denying

relief on his 42 U.S.C. § 1983 (1994) complaint.* We have reviewed

the record and the district court's opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. Hester v. Stowe, No. CA-95-2300-AMD (D. Md. Oct. 1, 1996).

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
# C_2020027EN.01006801.xml

| 27.1.2020 | EN | Official Journal of the European Union | C 27/68 |
| --- | --- | --- | --- |

27.1.2020

EN

Official Journal of the European Union

C 27/68

---

Action brought on 27 November 2019 – Olimp Laboratories v EUIPO – OmniVision (Hydrovision)

(Case T-817/19)

(2020/C 27/68)

Language of the case: English

Parties

Applicant: Olimp Laboratories sp. z o.o. (Dębica, Poland) (represented by: M. Kondrat, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: OmniVision GmbH (Puchheim, Germany)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union figurative mark Hydrovision – Application for registration No 16 286 841

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 13 September 2019 in Case R 2371/2018-2

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision and refer the case back to the EUIPO for reconsideration; or |
| --- | --- |

—

annul the contested decision and refer the case back to the EUIPO for reconsideration; or

| — | alter the contested decision; |
| --- | --- |

—

alter the contested decision;

| — | award the costs in the Applicant’s favor. |
| --- | --- |

—

award the costs in the Applicant’s favor.

Pleas in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of the principle of the protection of legitimate expectations and the principle of legal certainty. |
| --- | --- |

—

Infringement of the principle of the protection of legitimate expectations and the principle of legal certainty.

---
III 

118TH CONGRESS 

1ST SESSION S. RES. 196 

Recognizing the cultural and historical significance of the Cinco de Mayo 

holiday. 

IN THE SENATE OF THE UNITED STATES 

MAY 4, 2023 

Mr. MENENDEZ (for himself and Mr. CORNYN) submitted the following 

resolution; which was referred to the Committee on Foreign Relations 

RESOLUTION 

Recognizing the cultural and historical significance of the 

Cinco de Mayo holiday. 

Whereas May 5, or ‘‘Cinco de Mayo’’ in Spanish, is celebrated each year as a date of importance by Mexican and 

Mexican-American communities; 

Whereas the Cinco de Mayo holiday commemorates May 5, 

1862, the date on which Mexicans defeated the French 

at the Battle of Puebla, 1 of the many battles that the 

Mexican people won in their long and brave fight for 

independence, freedom, and democracy; 

Whereas the victory of Mexico over France at the Battle of 

Puebla represented a historic triumph for the Mexican 

government during the Franco-Mexican war, fought between 1861 and 1867, and bolstered the resistance movement; 


tkelley on DSK125TN23PROD with BILLS
2 

•SRES 196 IS 

Whereas the success of Mexico at the Battle of Puebla reinvigorated the spirits of the Mexican people and provided 

a renewed sense of unity and strength; 

Whereas the French army, which had not experienced defeat 

against any of the finest troops of Europe in more than 

half a century, sustained a disastrous loss at the hands 

of an outnumbered and ill-equipped, but highly spirited 

and courageous, Mexican army; 

Whereas the courageous spirit that Mexican General Ignacio 

Zaragoza and his men displayed during the historic Battle of Puebla can never be forgotten; 

Whereas, in a larger sense, Cinco de Mayo symbolizes the 

right of a free people to self-determination, just as Benito 

Juarez, the president of Mexico during the Battle of 

Puebla, once said, ‘‘El respeto al derecho ajeno es la 

paz’’, meaning ‘‘respect for the rights of others is peace’’; 

Whereas the sacrifice of Mexican fighters was instrumental in 

keeping Mexico from falling under European domination 

while, in the United States, the Union Army battled Confederate forces in the Civil War; and 

Whereas Cinco de Mayo— 

(1) serves as a reminder that the foundation of the 

United States was built by people from many countries 

and diverse cultures who were willing to fight and die for 

freedom; 

(2) serves as a reminder of the close ties between 

the people of Mexico and the people of the United States; 

(3) encourages the celebration of a legacy of strong 

leaders and a sense of vibrancy in communities; and 

(4) serves as a reminder to provide more opportunity 

for future generations: Now, therefore, be it 


tkelley on DSK125TN23PROD with BILLS
3 

•SRES 196 IS 

1 Resolved, That the Senate— 

2 (1) recognizes the historic struggle of the people 

3 of Mexico for independence and freedom, which 

4 Cinco de Mayo commemorates; and 

5 (2) encourages the people of the United States 

6 to observe Cinco de Mayo with appropriate cere7 monies and activities. 

Æ 


tkelley on DSK125TN23PROD with BILLS
1854.

#### King *v.*The State.

Indictment for assault with intent to murder, from. Floyd superior court — Judge Wrigbt. April 8, 1909.

Submitted May 18, —

Decided June 15, 1909.

*W. B. Mebcrne, M. B. Eubanlcs,*for plaintiff in error.

*John W. Bale, solicitor-general, G. H. Porter,*contra.

Hill, C. J.

1. Tlie right of a municipal peace officer, within the jurisdiction of the municipality, to arrest without a warrant one who has violated an ordinance of the city in his presence, or who is endeavoring to escape, is settled by the statute law of this State and the repeated rulings of this court and the Supreme Court. Penal Code, § 896; *Jenkins*v. *State,*3 *Ga. App.*146 (59 S. E. 435); *Holmes*v. *State,*5 *Ga. App.*166 (62 S. E. 716)*; Johnson*v. *State,*30 *Ga.*426; *Johnson*v. *Americus,*46 *Ga.*81; *Harrell*v. *State,*75 *Ga.*842; *Yates*v. *State,*127 *Ga.*818 (56 S. E. 1017).

2. A peace officer, State, county, or municipal, who has arrested without a warrant, “shall, without delay, convey tlie offender before the most convenient officer authorized to receive an affidavit and' issue a warrant,” but the exigencies of the particular.case may authorize him to imprison the person so arrested temporarily and for a reasonable time. Penal Code, §§899, 901; *Moses*v. *State,*ante, 251 (64 S. E. 699).

3. *No*error appears, and the evidence supports the verdict.

*Judgment affirmed.*
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 13-2571

___________________________

Jay Abraham

lllllllllllllllllllll Plaintiff - Appellant

v.

Drivers Management, LLC

lllllllllllllllllllll Defendant - Appellee

____________

 Appeal from United States District Court 

for the District of Nebraska - Lincoln

____________

 Submitted: March 7, 2014

Filed: April 7, 2014

[Unpublished]

____________

Before LOKEN, BYE, and COLLOTON, Circuit Judges.

____________

PER CURIAM.

After Drivers Management, LLC (Drivers), terminated the employment of one

of its truck drivers, Jay Abraham, he brought a lawsuit under Title VII and Nebraska

law claiming, as relevant to this appeal, that Drivers terminated him on the basis of his
national origin. The district court1

 granted summary judgment to Drivers, and

Abraham appeals. Upon careful de novo review, we conclude that a jury would be

unable to find, based on the evidence in the summary judgment record, that Drivers’

reasons for terminating Abraham were a pretext for national-origin discrimination. 

Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

1

The Honorable John M. Gerrard, United States District Judge for the District

of Nebraska.

-2-
## In the Court of Appeals Second Appellate District of Texas

at Fort Worth

___________________________ No. 02

- 20

- 00075

- CV

___________________________

On Appeal from the 367th District Court Denton County, Texas Trial Court No. 18

- 9925

- 367

Before Sudderth, C.J.; Bassel and Womack, JJ. Per Curiam Memorandum Opinion 

### T ERRY 

### L EE 

### B IZZLE 

### , Appellant

V



### .
E VE 

### L YNN 

### B AKER 

### , Appellee2 MEMORANDUM OPINION AND JUDGMENT

On Marc h 31, 2020, we notified appellant that the trial

- court clerk responsible for preparing the record in this appeal has informed us that appellant has not arranged to pay for the clerk’s record as the appellate rules require. See Tex. R. App. P. 35.3(a)(2). In our notice, we warned that we would dismiss the appeal for want of prosecution unless, within ten days, appellant arranged to pay for the clerk’s record and provided us with proof of payment. See Tex. R. App. P. 35.3(c), 37.3(b), 44.3

. Because appella nt has not made payment arrangements for the clerk’s record, we now dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b), 42.3(b), 43.2(f). Appellant must pay all costs of this appeal. See Tex. R. App. P. 43.4.

Per Curiam

Delivered : April 23, 2020
**Exhibit 32.2**

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

In connection withthe Quarterly Report of Avaya Inc. (the “Company”) on Form 10-Qfor the period ending December 31, 2005, as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Garry K. McGuire,Chief Financial Officer and Senior Vice President, Corporate Development of theCompany, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 ofthe Sarbanes-Oxley Act of 2002, to my knowledge, that:

(1)         The Report fully complieswith the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

(2)         Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

| /s/ Garry K. McGuire                                                         |     |
|------------------------------------------------------------------------------|----------|
| Garry K. McGuire                                                             |     |
| *Chief Financial Officer and Senior Vice  President,  Corporate Development* | * * |
| February 9, 2006                                                        |     |

 

----
IN the INTEREST OF T.B. and G.B., children.

E.L.C., Appellant, v. Department of Children and Families, Appellee.

Case No. 2D18-583

District Court of Appeal of Florida, Second District.

Opinion filed August 8, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit 10.26
 American Medical Systems Holdings, Inc.
Non-employee Director Compensation Summary
 Annual Retainer
  Annual Board Retainer
    
    $
    40,000Lead Director Retainer
    
    $
    30,000Audit Committee member
    
    $
    10,000Audit Committee chair
    
    $
    20,000Compensation Committee member
    
    $
    5,000Compensation Committee chair
    
    $
    10,000Nominating/Corporate Governance Committee member
    
    $
    3,000Nominating/Corporate Governance Committee chair
    
    $
    7,500Technology/Business Development member
    
    $
    4,000Technology/Business Development chair
    
    $
    6,000
 Stock Options
  Expenses
Tavaris ADAMS, Appellant, v. STATE of Florida, Appellee.

No. 4D18-2186

District Court of Appeal of Florida, Fourth District.

[January 10, 2019]

Tavaris Adams, Crawfordville, pro se.

No appearance required for appellee.

Per Curiam.

*Affirmed.*

Gerber, C.J., Levine and Conner, JJ., concur.
Edward Gregory STEADMAN, Appellant, v. Sheldon Jason BURNETT, Appellee.

No. 4D18-1355

District Court of Appeal of Florida, Fourth District.

[February 21, 2019]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
Elisabeth A. Shumaker

Clerk of Court 

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

OFFICE OF THE CLERK

Byron White United States Courthouse

1823 Stout Street

Denver, Colorado 80257

(303) 844-3157

March 30, 2010

Douglas E. Cressler

Chief Deputy Clerk 

Michael Wayne Thomas

FCI - El Reno 

P.O. Box 1500

El Reno, OK 73036

#15707-064

RE: 09-6189, United States v. Thomas

District docket: 5:04-CR-00082-R-1

Dear Mr. Thomas: 

Enclosed is a copy of the order and judgment.

Please contact this office if you have questions.

Sincerely,

Elisabeth A. Shumaker

Clerk of the Court 

cc: Sanford C. Coats

Sue Tuck Richmond

EAS/ao
III 

118TH CONGRESS 

1ST SESSION S. RES. 409 

Authorizing the use of the atrium in the Philip A. Hart Senate Office 

Building for a Bipawtisan Howl-o-ween Dog Pawrade on October 31, 

2023, from 4:00 to 6:00 p.m. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 17, 2023 

Mr. TILLIS submitted the following resolution; which was considered and 

agreed to 

RESOLUTION 

Authorizing the use of the atrium in the Philip A. Hart 

Senate Office Building for a Bipawtisan Howl-o-ween 

Dog Pawrade on October 31, 2023, from 4:00 to 6:00 

p.m. 

Whereas President Harry Truman stated, ‘‘If you want a 

friend in Washington, get a dog.’’; 

Whereas over 65,000,000 households in the United States are 

enriched by having a dog in the home; 

Whereas over 1,700 dogs serve alongside our military service 

members; 

Whereas approximately 500,000 service dogs assist disabled 

people of the United States, including veterans; 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•SRES 409 ATS 

Whereas over 3,000 dogs protect and serve our Nation working with Federal law enforcement; 

Whereas dogs, especially in costumes, have a unique ability 

to bring people of the United States with different backgrounds and beliefs together; and 

Whereas the Senate welcomes canine companions on a regular, ‘‘bipawtisan’’ basis: Now, therefore, be it 

1 Resolved, 

2 SECTION 1. USE OF THE ATRIUM IN THE HART SENATE OF3 FICE BUILDING FOR A BIPAWTISAN HOWL-O4 WEEN DOG PAWRADE. 

5 The atrium in the Philip A. Hart Senate Office 

6 Building is authorized to be used on October 31, 2023, 

7 from 4:00 to 6:00 p.m., for a Bipawtisan Howl-o-ween 

8 Dog Pawrade. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
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 June 30, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"), I, Donald K. Peterson, Chairman 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:



|/s/DONALD K. PETERSONDonald K. Peterson Chairman and
Chief Executive OfficerAugust 12, 2003 |  | 
|------------------------------------------------------------------------------------------- |  | 

---

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