alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court **of Appeals** 
**f or the Fifth Circuit** 

No. 22

- 40054

**Alex Adams,**

Plaintiff

— Appellant **,**

versus

**Unknown Beusch,** Sergeant **; Unknown Boykin,** Sergeant **; Unknown Blair,**  Sergeant **; Unknown Lane,** Warden **; Unknown Back,** 

Defendants

— Appellees

**.**

Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:21

- CV

- 334

Before **Stewart, Dennis,** and **Willett,** Circuit Judges

**. Per Curiam**  **:** *
Alex Adams, Texas prisoner # 1181239, requests leave to proceed in forma pauperis (IFP) in this appeal of the dismissal of his 42 U.S.C. § 1983
suit without prejudice for want of prosec u tion pursuant to Federal Rule of

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir**  **cuit R**  **ule** 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 27, 2022

Lyle W. Cayce Clerk Case: 22-40054 Document: 00516524497 Page: 1 Date Filed: 10/27/2022No. 22

- 40054

2 Civil Procedure 41(b) . He also moves for appointment of counsel and leave
to file exhibits.
To proceed IFP, Adams must demonstrate financial eligibility and a nonfrivolous issue for app eal. See Jackson v. Dall. Police Dep’t , 811 F.2d 260, 261 (5th Cir. 1986)

. Adams has not shown that payment of the $505 appellate filing fee would result in undue hardship or deprivation of the necessities of
life. See 28 U.S.C. § 1915(a)(2); Adkins v. E.I. DuPont de Nemours & Co. , 335 U.S. 331, 339 (1948).
Moreover, we may sua sponte dismiss an appeal as frivolous. See **5 th** 
**C ir**  **. R.** 42.2 ; see also Baugh v. Taylor , 117 F.3d 197, 202 n.24 (5th Cir. 1997)

. In this case , Adams failed to comply with two court orders over the course of five months, despite receiving multiple warnings of the possibility of
dismissal if he failed to comply . Therefore, he cannot make a nonfrivolous

attempt to show that the district court abused its discretion by dismissing h is case without prejudice. See Larson v. Scott , 157 F.3d 1030, 1032 (5th Cir. 1998); McNeal v. Papasan , 842 F.2d 787, 789

- 90 (5th Cir. 1988).

Because Adams has not demonstrated financial eligibility and that his appeal involve s “legal points arguable on t heir merits,” Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983) (internal quotation marks and citation omitted)
, his motion to proceed IFP is **DENIED** , and the appeal is **DISMISSED** as frivolous. See **5 th**  **C ir**  **. R.** 42.2. His motions to appoint counsel and for
leave to file exhibits are **DENIED** as moot. Case: 22-40054 Document: 00516524497 Page: 2 Date Filed: 10/27/2022
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-16-00371-CR

Jacob Owen Edwards

v.

The State of Texas

§

§

§

§

§

§

From County Criminal Court No. 2

of Denton County (CR-2014-09118-

B)

October 26, 2017

Per Curiam

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s judgment. It is ordered that the judgment of 

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS 

PER CURIAM
Exhibit 31.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO RULE 13A-14(a)/15d-14(a)

I, Robert V. Johnson, certify that:

1. I have reviewed this quarterly
report on Form 10-Q of FCStone Group, 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 registrant as of, and for, the periods presented in this report;

4. The registrants other
certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 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 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) 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

c) disclosed in this report any change in the registrants internal control over financial reporting that
occurred during the registrants 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

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

Date:
April 16, 2007



|                             
|-----------------------------
|/s/ Robert V. Johnson        
|Robert V. Johnson            
|Chief Financial Officer      
|(Principal Financial Officer)
EX PARTE Mitchell LONG

CR-16-1004

Court of Criminal Appeals of Alabama.

August 14, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Transferred to Calhoun Cir. Ct.
Barbara MAZZOLA, Appellant, v. Edward MAZZOLA, Appellee.

No. 4D18-784

District Court of Appeal of Florida, Fourth District.

[February 28, 2019]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
Jesus MORALES, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-3448

District Court of Appeal of Florida, Fifth District.

Decision filed March 5, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Christopher B. COOK v. STATE of Louisiana

NO. 2018-CI-1906

Supreme Court of Louisiana.

February 18, 2019

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).
* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R.
47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

____________________

No. 97-31235 Summary Calendar

____________________

KAY E. WALTHALL,

Plaintiff-Appellant,

versus

E-Z SERVE CONVENIENCE STORES, INC., ET AL.,

Defendants,

E-Z SERVE CONVENIENCE STORES, INC.,

Defendant-Appellee.

Appeal from the United States District Court
for the Eastern District of Louisiana

(No. 96-CV-3520)

June 3, 1998 Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *

Kay Walthall appeals the district court’s grant of summary

judgment in favor of E-Z Serve Convenience Stores in this slip-andfall personal injury, diversity action. Walthall contends that the

district court, in granting summary judgment, erroneously relied on

White v. Wal-Mart Stores, Inc. , 699 So. 2d 1081 (La. 1997); and

that the she submitted evidence creating material fact issues as to- 2 -

each element of her claim, thus precluding the entry of summary

judgment.

Of course, we review a grant of summary judgment de novo ,

applying the same standard as the district court. S ee, e.g.,

Bodenheimer v. PPG Indus., Inc. , 5 F.3d 955, 956 (5th Cir. 1993).

Such judgment is proper where there is no material fact issue and

the movant is enti tled to judgment as a matter of law. I d. ; see

F ED

. R. C IV

. P. 56(c). And, needless to say, because this is a

diversity action, Louisiana law applies. S ee Erie R.R. Co. v.

Tompkins , 304 U.S. 64 (1938).

Based upon our review of the record and briefs and

n otwithstanding the district court’s not referencing the warnin g

cone/actual notice issue, we AFFIRM the summary judgment for

essentially the reasons stated by the district court. S ee Walthall

v. E-Z Serve Convenience Stores, Inc. , 988 F. supp. 996 (E.D. La.

1997).

AFFIRMED
Leroy BEVANS, Appellant, v. STATE of Florida, Appellee.

No. 4D18-1269

District Court of Appeal of Florida, Fourth District.

[February 28, 2019]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
Ronda DAFFIN v. STATE

CR-15-0468

Court of Criminal Appeals of Alabama.

August 1, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
# C_2022198EN.01000901.xml

| 16.5.2022 | EN | Official Journal of the European Union | C 198/9 |
| --- | --- | --- | --- |

16.5.2022

EN

Official Journal of the European Union

C 198/9

---

Judgment of the Court (Tenth Chamber) of 24 March 2022 (request for a preliminary ruling from the Nejvyšší správní soud — Czech Republic) — Generální ředitelství cel v TanQuid Polska Sp. z o. o.

(Case C-711/20) (1)

(Reference for a preliminary ruling - Excise duties - Directive 92/12/EC - Article 4 - Movement of products under excise duty suspension - Conditions - Articles 6 and 20 - Release of products for consumption - Falsification of the accompanying administrative document - Offence or irregularity committed in the course of the movement of products subject to excise duty under a duty suspension arrangement - Irregular departure of products from a suspension arrangement - Consignee unaware of the movement - Fraud committed by a third party - Article 13(a) and Article 15(3) - Compulsory guarantee to cover movement - Scope)

(2022/C 198/12)

Language of the case: Czech

Referring court

Nejvyšší správní soud

Parties to the main proceedings

Applicant: Generální ředitelství cel

Defendant: TanQuid Polska Sp. z o. o.

Operative part of the judgment

Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products, as amended by Council Directive 94/74/EC of 22 December 1994, must be interpreted as meaning that the dispatch, by an authorised warehousekeeper, of products subject to excise duty, under cover of an accompanying document and a compulsory guarantee, constitutes movement of products under excise duty suspension, within the meaning of Article 4(c) thereof, notwithstanding the fact that, as a result of fraudulent conduct on the part of third parties, the consignee indicated in that accompanying document and in that guarantee is unaware that those products have been dispatched to him or her, as long as that fact or another irregularity or infringement has not been established by the competent authorities of the Member State concerned.

The fact that the compulsory guarantee provided by the authorised warehousekeeper for the purpose of such dispatch specifies the name of the authorised consignee, but not his or her status as a registered trader, shall not affect the lawfulness of such movement.

---

(1)  OJ C 88, 15.3.2021.

---
Janice Elaine WILSON v. Earle Frederick WILSON III

2150535

Court of Civil Appeals of Alabama.

September 1, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-15-00039-CR

ROBERT BRICE DAUGHERTY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 6th District Court

Lamar County, Texas

Trial Court No. 25958

Before Morriss, C.J., Moseley and Burgess, JJ.

Memorandum Opinion by Justice Moseley
2

MEMORANDUM OPINION

Robert Brice Daugherty appeals his life sentence for delivery of methamphetamine in an 

amount of four or more grams, but less than 200 grams.1 Daugherty’s sole point of error claims 

he received ineffective assistance of counsel when his trial attorney failed to inform him about a 

plea offer made by the State. We overrule Daugherty’s point of error and affirm the trial court’s 

sentence. 

Daugherty pled guilty to three indictments in one proceeding. The trial court heard 

evidence on all three cases and sentenced Daugherty to life imprisonment in each case, with the 

sentences ordered to run concurrently. In a single brief, Daugherty claims his first of two trial 

attorneys was ineffective by failing to tell him of a plea bargain offer covering all three indictments 

under which the State would recommend a sentence of forty years. We addressed the merits of 

that claim in our opinion in cause number 06-15-00038-CR, issued contemporaneously with this 

opinion. For the reasons detailed in that opinion, we likewise overrule Daugherty’s point of error.

We affirm the trial court’s judgment and sentence. 

Bailey C. Moseley

Justice

Date Submitted: August 5, 2015

Date Decided: September 3, 2015

Do Not Publish

 

1See TEX. HEALTH & SAFETY CODE ANN. § 481.112(d) (West 2010).
Exhibit
32.2




Certification
required by Rule 13a-14(b) or


Rule
15d-14(b) and 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 NGP Capital Resources Company (the
“Company”) on Form 10-Q for the period ended September 30, 2008, as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I,
Stephen K. Gardner, Chief Financial Officer, Treasurer and Secretary 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 my
knowledge:




(1)
            The
      Report fully complies with the requirements of Section 13(a) or 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
      Company.





Novmeber
10, 2008





By:
                /s/ Stephen K. GardnerStephen
      K. GardnerChief
      Financial Officer, Treasurer and
Secretary
**Exhibit
      99.9**




CONSENT
        OF INDEPENDENT PUBLIC ACCOUNTANT
  As
        independent public accountants to Axcan Pharma Inc., we hereby consent to
        the
        incorporation by reference in Registration Statement (Form S-8 No. 333-97879)
        pertaining to the Axcan Pharma Inc. Stock Option Plan as Amended and Restated
        on
        December 19, 2000, in Registration Statement (Form S-8 No. 333-132692)
        pertaining to the Axcan Pharma Inc. 2006 Stock Incentive Plan and in the
        related
        prospectuses of our report dated November 30, 2006 with respect to the
        consolidated financial statements of Axcan Pharma Inc. and subsidiaries included
        in the Form 40-F for the year ended September 30, 2006.
  /s/
        Raymond Chabot Grant Thornton LLP
   Raymond
        Chabot Grant Thornton LLP
 Chartered
        accountants
   Montreal,
        Quebec
 December
        22, 2006
  Raymond
        Chabot Grant Thornton LLP
 Chartered
        accountants
 Suite
        1900
 National
        Bank Tower
 600
        de La
        Gauchetiere Street West
 Montreal,
        Quebec H3B 4L8
 Telephone:
        (514) 878-2691
 Internet: www.rcgt.com
  Member
        of
        Grant Thornton International
# Europeiska unionens C 327A/29 s

| | ISSN 1977-1061 |
| --- | --- |
| Europeiska unionens
  officiella tidning | C 327A |
| | |
| Svensk utgåva | Meddelanden och upplysningar | 60 årgången29 september 2017 |

ISSN 1977-1061

Europeiska unionens

officiella tidning

C 327A

Svensk utgåva

Meddelanden och upplysningar

60 årgången29 september 2017

---

| Informationsnummer | Innehållsförteckning | Sida |
| --- | --- | --- |
| | V   Yttranden |
| | ADMINISTRATIVA FÖRFARANDEN |
| | Europaparlamentet |
| 2017/C 327 A/01 | Urvalsförfarande PE/191/S - Tillfälligt anställd – Medarbetare åt ledningen (AD 7) - Förteckning över godkända sökande | 1 |

Informationsnummer

Innehållsförteckning

Sida

V   Yttranden

ADMINISTRATIVA FÖRFARANDEN

Europaparlamentet

2017/C 327 A/01

Urvalsförfarande PE/191/S - Tillfälligt anställd – Medarbetare åt ledningen (AD 7) - Förteckning över godkända sökande

1

---

| SV | |
| --- | --- |

SV

---

V Yttranden

ADMINISTRATIVA FÖRFARANDEN

Europaparlamentet

| 29.9.2017 | SV | Europeiska unionens officiella tidning | CA 327/1 |
| --- | --- | --- | --- |

29.9.2017

SV

Europeiska unionens officiella tidning

CA 327/1

---

URVALSFÖRFARANDE PE/191/S

Tillfälligt anställd – Medarbetare åt ledningen (AD 7)

FÖRTECKNING ÖVER GODKÄNDA SÖKANDE

(2017/C 327 A/01)

| 1. | ROMANOVSKIS |
| --- | --- |

1.

ROMANOVSKIS

Gundars

| 2. | ROHLJE |
| --- | --- |

2.

ROHLJE

Gregor

| 3. | GOMES FALCÃO DE BETENCOURT |
| --- | --- |

3.

GOMES FALCÃO DE BETENCOURT

Miguel Luis

Förteckningen över godkända sökande fastställdes den 14 juni 2017.

---
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

GUILLERMO ARTURO SALAS

,

Appellant,

v.

THE STATE OF TEXAS

,

Appellee. §

§

§

§

§ No. 08

- 22

- 00154

- C R

Appeal from the

County Court at Law No. 1

of El Paso County, Texas

(TC# 20200C07457 )

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the

judgment. We therefore affirm the judgment of the court below. This decision shall be certified

below for observance.

IT IS SO ORDERED THIS 2 9 TH DAY OF JUNE, 2023.

L ISA J. SOTO, Justice

Before Rodriguez , C.J., Palafox, and Soto, JJ.
W.B.S. v. STATE

CR-15-0956

Court of Criminal Appeals of Alabama.

August 4, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
##### 



Exhibit 32.2


Certification Pursuant to


Section 906 of the Sarbanes-Oxley Act of 2002


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






| |                                                                                                                                                                                                                            
| | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (1) the Companys Annual Report on
    Form 10-K for the
    year-ended December 31, 2005 (the Report) fully
    complies with the requirements of Section 13(a) or 15(d) of
    the Securities Exchange Act of 1934; and
|
| | (2) information contained in the Report fairly presents, in
    all material respects, the financial condition and results of
    operations of the Company.                                                               



| |                        
| | -----------------------
| | /s/ Chris D. North     
| |                        
| | Chris D. North         
| | Chief Financial Officer
Exhibit 32

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 annual report of Capital
Growth Systems, Inc. and Subsidiaries (the Company) on Form 10-QSB/A for the quarterly period ended March 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Patrick C.
Shutt, Chief Executive Officer of the Company and I, Jim McDevitt, the Chief Financial and Accounting Officer of the Company, certify to the best of my knowledge, pursuant to l8 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.

Dated: October 20, 2009



By:

/s/ Patrick C. ShuttPatrick C. Shutt, Chief Executive OfficerBy:

/s/ Jim McDevittJim McDevitt, Chief Financial and Accounting Officer


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.

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

[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106629-106630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31115]

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

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 30, 2024.

[[Page 106630]]

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 19, 2024, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 1159 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2025-944, K2025-945.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-31115 Filed 12-27-24; 8:45 am]
BILLING CODE 7710-12-P
```
# C_2021206EN.01002301.xml

| 31.5.2021 | EN | Official Journal of the European Union | C 206/23 |
| --- | --- | --- | --- |

31.5.2021

EN

Official Journal of the European Union

C 206/23

---

Judgment of the General Court of 17 March 2021 — Chatwal v EUIPO — Timehouse Capital (THE TIME)

(Case T-186/20) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark THE TIME - Earlier EU word mark TIMEHOUSE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2021/C 206/29)

Language of the case: English

Parties

Applicant: Chatwal Hotels & Resorts LLC (New York, New York, United States) (represented by: N. Hine, solicitor)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Timehouse Capital GmbH (Grasbrunn, Germany) (represented by: T. Farkas, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 28 January 2020 (Case R 2264/2018-1), relating to opposition proceedings between Timehouse Capital and Chatwal Hotels & Resorts.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Chatwal Hotels & Resorts LLC to pay the costs. |
| --- | --- |

2.

Orders Chatwal Hotels & Resorts LLC to pay the costs.

---

(1)  OJ C 191, 8.6.2020.

---