alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Terresz Latron ROBINSON v. Darrel VANNOY, Warden

No. 2018-KH-0538

Supreme Court of Louisiana.

April 22, 2019

**ON SUPERVISORY WRITS TO THE FOURTH JUDICIAL DISTRICT COURT, PARISH OF OUACHITA**

PER CURIAM:

*1114Denied. Applicant fails to show that he received ineffective assistance of counsel under the standard of *Strickland v. Washington* , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). As to the remaining claims, applicant fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.

Applicant has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, *see*28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the Legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Applicant's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, applicant has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.
Charles PATTEN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-584

District Court of Appeal of Florida, Fifth District.

Decision filed March 26, 2019

AFFIRMED.
Jason JEFFERSON, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D19-0412

District Court of Appeal of Florida, Second District.

February 26, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Mandamus is denied.
Case 3:03-cv-00594-N Document 1 Filed 03/21/2003 Page 1 of 5
Case 3:03-cv-00594-N Document 1 Filed 03/21/2003 Page 2 of 5
Case 3:03-cv-00594-N Document 1 Filed 03/21/2003 Page 3 of 5
Case 3:03-cv-00594-N Document 1 Filed 03/21/2003 Page 4 of 5
Case 3:03-cv-00594-N Document 1 Filed 03/21/2003 Page 5 of 5
Frederick E. MELVIN, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.

No. 1D18-693

District Court of Appeal of Florida, First District.

April 8, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
**CERTIFICATION      PURSUANT TO**

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

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

| 1.     | Such                Quarterly Report on Form 10-QSB for the period ended March 31, 2007,                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 such Quarterly Report on Form 10-QSB for                the                period ended March 31, 2007, fairly presents, in all material respects,                the financial condition and results of operations of Equity Ventures                Group                Inc. |

| By:    | */s/*   *Colette                Kim*Colette                KimChief                Executive OfficerChief                Financial Officer |
|-----------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------|
# C_2016364EN.01001601.xml

| 3.10.2016 | EN | Official Journal of the European Union | C 364/16 |
| --- | --- | --- | --- |

3.10.2016

EN

Official Journal of the European Union

C 364/16

---

Action brought on 25 July 2016 — Omnicom International Holdings v EUIPO — eBay (dA/tA/bA/y)

(Case T-393/16)

(2016/C 364/12)

Language in which the application was lodged: English

Parties

Applicant: Omnicom International Holdings, Inc. (New York, New York, United States) (represented by: D. Farnsworth, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: eBay, Inc. (San Jose, California, United states)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant

Trade mark at issue: Figurative mark containing the word elements ‘(dA/tA/bA/y)’ — EU trade mark application No 12 354 015

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 17 May 2016 in Case R 872/2015-1

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order EUIPO to bear its own costs and pay the applicant’s costs. |
| --- | --- |

—

order EUIPO to bear its own costs and pay the applicant’s costs.

Plea in law

| — | Infringement of Article 8(5) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 8(5) of Regulation No 207/2009.

---
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

VS.

LINDA TATUM,

Defendant.

)

)

)

) CRIMINAL ACTION NO.

)

) 3:03-CR-159(01)-G

)

)

)

ORDER ACCEPTING FINDINGS AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

After making an independent review of the pleadings, files and records in this

case, and the findings and recommendation of the United States Magistrate Judge

dated October 13, 2011, the court finds that the findings and recommendation of the

magistrate judge are correct and they are accepted as the findings and

recommendation of the court. 

It is, therefore, ORDERED that the findings and recommendation of the

United States Magistrate Judge are accepted. 

December 5, 2012.

___________________________________

A. JOE FISH

Senior United States District Judge

Case 3:03-cr-00159-G Document 129 Filed 12/05/12 Page 1 of 1 PageID 508
**CERTIFICATE      PURSUANT TO**

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

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

|   | 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/ H.                B.                Lipham, III                   |   |   |        |
| Name: President                and Chief Executive Officer                      |   |   |        |
| Title:                   (Principal                Executive Officer) |   |   |   |

----
Exhibit 32.1



Written Statement of Chief Executive Officer and Chief Financial Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



The certification set forth below is being submitted to the Securities and Exchange Commission solely for the purpose of complying with Section 1350 of Chapter 63 of
Title 18 of the United States Code. This certification is not deemed to be filed pursuant to the Securities Exchange Act of 1934 and does not constitute a part of the Annual Report on Form 10-K accompanying this statement.



The undersigned, the President and Chief Executive Officer and the Executive Vice President
and Chief Financial Officer of XM Satellite Radio Inc. (Inc.), each hereby certifies that, to his knowledge on the date hereof:



(a) the Form 10-K of Inc. for the fiscal year ended December 31, 2003 filed on the date hereof with the Securities and Exchange Commission (the Report) fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



(b) information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Inc.



/s/ Hugh PaneroHugh Panero President and Chief Executive Officer March 30, 2004/s/ Joseph J. EuteneuerJoseph J. Euteneuer Executive Vice President and Chief Financial Officer March 30, 2004




A signed original of this
written statement required by Section 906 has been provided to Inc. and will be retained by Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 99.7


                            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 Axcan Pharma Inc. (the "Company") on
Form 40-F for the period ending September 30, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Leon F. Gosselin,
Chairman of the Board, President and Chief Executive 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 result of operations of the
        Company.



/s/ Leon F. Gosselin
-----------------------------
Leon F. Gosselin
Chairman of the Board, President and Chief Executive Officer
February 20, 2004
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION

_________________________________________

BENJAMIN SMITH, PRO SE, §

Previous TDCJ-CID #579976, §

§

 Plaintiff, §

§

v. § 2:03-CV-0294

§

CITY OF MEMPHIS, TEXAS, §

GARY GUNN, Chief of Police, §

JOHN DOE, Officer, and §

LINTON GARDENHIRE, §

§

 Defendants. §

MEMORANDUM OPINION AND ORDER OF DISMISSAL

Plaintiff BENJAMIN SMITH, acting pro se and while a prisoner confined in the

Donley County Jail, in Clarendon, Texas, filed suit pursuant to Title 42, United States Code,

section 1983 complaining against the above-named defendants and has been given permission to

proceed in accordance with Title 28, United States Code, section 1915(b).

On June 9, 2005, the Court issued a Briefing Order giving plaintiff twenty days in

which to respond by completing the questionnaire attached to the Order. The response period

has expired, and plaintiff has failed to file any responsive pleading or correspondence. Instead,

on June 14, 2005, plaintiff’s copies of the Briefing Order and of the Filing Fee Order issued

contemporaneously therewith were returned to the Court undelivered and bearing the notation,

“No Longer in Jail - Attempted Not Known - Return to Sender.” It appears plaintiff has

abandoned his suit and his claims for relief.

 

 Case 2:03-cv-00294-J-BB Document 10 Filed 07/05/05 Page 1 of 2 PageID 46
2

It is the conclusion of the United States District Judge that plaintiff has

abandoned this cause and such cause should be dismissed for failure to prosecute. Link v.

Wabash Railroad Co., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962) (court possesses

inherent power to dismiss sua sponte for lack of prosecution).

IT IS THEREFORE ORDERED:

The referral of the instant cause to the United States Magistrate Judge is hereby

withdrawn.

This Civil Rights Complaint is DISMISSED WITHOUT PREJUDICE FOR

FAILURE TO PROSECUTE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

The Clerk will mail a copy of this Order to the plaintiff and to any attorney of

record by first class mail.

IT IS SO ORDERED.

ENTERED this 5th day of July, 2005.

/s/ Mary Lou Robinson 

MARY LOU ROBINSON

UNITED STATES DISTRICT JUDGE

 

 Case 2:03-cv-00294-J-BB Document 10 Filed 07/05/05 Page 2 of 2 PageID 47
- /usr/local/bin/fax/tiff_tmp/kdc/306cv00571/00376001.tif
- /usr/local/bin/fax/tiff_tmp/kdc/306cv00571/00376002.tif
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.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

Forest Service, Department of Agriculture.

# ACTION:

Notice; withdrawal.

# SUMMARY:

The United States Department of Agriculture is withdrawing its notice of intent to prepare an environmental impact statement (EIS) for the Land Management Plan Direction for Old-Growth Forest Conditions Across the National Forest System.

# FOR FURTHER INFORMATION CONTACT:

Jennifer McRae, Planning Team Leader, at 202-791-8488.

Individuals who use telecommunications devices for the hearing impaired may call 711 to reach the Telecommunications Relay Service, 24 hours a day, every day of the year, including holidays.

Christopher French,

Deputy Chief, National Forest System.

[FR Doc. 2025-00390 Filed 1-8-25; 8:45 am]

BILLING CODE 3411-15-P
# C_2021452EN.01002402.xml

| 8.11.2021 | EN | Official Journal of the European Union | C 452/24 |
| --- | --- | --- | --- |

8.11.2021

EN

Official Journal of the European Union

C 452/24

---

Judgment of the General Court of 8 September 2021 — Qx World v EUIPO — Mandelay (SCIO)

(Case T-86/20) (1)

(EU trade mark - Invalidity proceedings - EU word mark SCIO - Earlier non-registered mark SCIO - Article 53(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(b) of Regulation (EU) 2017/1001) - Article 8(3) of Regulation No 207/2009 (now Article 8(3) of Regulation 2017/1001) - Article 71(1) of Regulation 2017/1001 - Article 72(1) of Regulation 2017/1001 - Article 95(1) of Regulation 2017/1001 - Article 16(1) of Delegated Regulation (EU) 2018/625 - Article 6bis of the Paris Convention)

(2021/C 452/25)

Language of the case: English

Parties

Applicant: Qx World Kft. (Budapest, Hungary) (represented by: Á. László and A. Cserny, lawyers)

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: Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) (Szigetszentmiklós, Hungary) (represented by: V. Luszcz, C. Sár and É. Ulviczki, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 2 December 2019 (Case R 1312/2019-5), relating to invalidity proceedings between Qx World and Mandelay.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 December 2019; |
| --- | --- |

1.

Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 December 2019;

| 2. | Orders Qx World Kft., EUIPO and Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) each to bear their own costs. |
| --- | --- |

2.

Orders Qx World Kft., EUIPO and Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) each to bear their own costs.

---

(1)  OJ C 114, 6.4.2020.

---
STATE of Louisiana v. Kevin HICKS

NO. 2018-KO-1938

Supreme Court of Louisiana.

April 15, 2019

Denied.
# C_2019206EN.01000402.xml

| 17.6.2019 | EN | Official Journal of the European Union | C 206/4 |
| --- | --- | --- | --- |

17.6.2019

EN

Official Journal of the European Union

C 206/4

---

Judgment of the Court (Third Chamber) of 4 April 2019 — OZ v European Investment Bank (EIB)

(Case C-558/17 P) (1)

(Appeal - Civil service - Staff of the European Investment Bank (EIB) - Sexual harassment - Investigation carried out in the context of the ‘Dignity at work’ programme - Rejection of a complaint alleging harassment - Application for annulment of the decision of the President of the EIB rejecting the complaint - Compensation for damage)

(2019/C 206/05)

Language of the case: English

Parties

Appellant: OZ (represented by: B. Maréchal, avocat)

Other party to the proceedings: European Investment Bank (EIB) (represented by: K. Carr and G. Faedo, acting as Agents, and A. Dal Ferro, avvocato)

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the General Court of the European Union of 13 July 2017, OZ v EIB (T-607/16, not published, EU:T:2017:495), in so far as it rejected, first, the heads of claim seeking damages set out by OZ in her application based on the liability of the European Investment Bank (EIB) for alleged unlawful acts committed during the investigation procedure, including the failure to respect the appellant’s right to a fair hearing, and, second, the head of claim seeking annulment set out in the application; |
| --- | --- |

1.

Sets aside the judgment of the General Court of the European Union of 13 July 2017, OZ v EIB (T-607/16, not published, EU:T:2017:495), in so far as it rejected, first, the heads of claim seeking damages set out by OZ in her application based on the liability of the European Investment Bank (EIB) for alleged unlawful acts committed during the investigation procedure, including the failure to respect the appellant’s right to a fair hearing, and, second, the head of claim seeking annulment set out in the application;

| 2. | Dismisses the appeal as to the remainder; |
| --- | --- |

2.

Dismisses the appeal as to the remainder;

| 3. | Annuls the decision of the President of the European Investment Bank of 16 October 2015 to take no further action on the complaint alleging sexual harassment made by OZ; |
| --- | --- |

3.

Annuls the decision of the President of the European Investment Bank of 16 October 2015 to take no further action on the complaint alleging sexual harassment made by OZ;

| 4. | Dismisses the action as to the remainder; |
| --- | --- |

4.

Dismisses the action as to the remainder;

| 5. | Orders the European Investment Bank to bear its own costs and to pay those incurred by OZ relating to the proceedings at first instance and the appeal proceedings. |
| --- | --- |

5.

Orders the European Investment Bank to bear its own costs and to pay those incurred by OZ relating to the proceedings at first instance and the appeal proceedings.

---

(1)  OJ C 437, 18.12.2017.

---
# C_2021513EN.01002701.xml

| 20.12.2021 | EN | Official Journal of the European Union | C 513/27 |
| --- | --- | --- | --- |

20.12.2021

EN

Official Journal of the European Union

C 513/27

---

Order of the General Court of 25 October 2021 — 4B Company v EUIPO — Deenz (Pendant (jewellery))

(Case T-329/20) (1)

(Community design - Invalidity proceedings - Registered Community design representing a pendant (jewellery) - Maintenance of the Community design in an amended form - Article 25(6) of Regulation (EC) No 6/2002 - Interest in bringing proceedings - Inadmissibility)

(2021/C 513/40)

Language of the case: Italian

Parties

Applicant: 4B Company Srl (Montegiorgio, Italy) (represented by: G. Brogi, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Scardocchia and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Deenz Holding Ltd (Dubai, United Arab Emirates) (represented by: N. Alberti, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 19 March 2020 (Case R 2449/2018-3), relating to invalidity proceedings between 4B Company and Deenz Holding.

Operative part of the order

| 1. | The action is dismissed. |
| --- | --- |

1.

The action is dismissed.

| 2. | 4B Company Srl shall pay the costs. |
| --- | --- |

2.

4B Company Srl shall pay the costs.

---

(1)  OJ C 247, 27.7.2020.

---