alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

XIUQIN YAN,

Petitioner,

v.

MERRICK B. GARLAND, Attorney
General,

Respondent. No. 20

- 71630

Agency No. A200

- 781

- 003

MEMORANDUM *

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted May 16, 2023 * *

Before: BENNETT, MILLER, and VANDYKE, Circuit Judges.

Xiuqin Yan , native and citizen of China , petitions pro se for review of the

Board of Immigration Appea ls’ (“BIA”) order denying h er motion to reopen

removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review

for abuse of discretion the BIA’s denial of a motion to reopen. Bonilla v. Lynch

,

* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

MAY 19 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 20

- 71630

840 F.3d 575, 581 (9th Cir. 2016). We deny in part and dismiss in part the petition

for review.

The BIA did not abuse its discretion in denying Yan’s motion to reopen as

untimely where it was filed more than three years after the final removal order , and

Yan has not established that any statutory or regulatory exception applies. See

8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen must be filed within ninety days of

the final removal order); 8 C.F.R. § 1003.2(c)(2) (listing exceptions)

.

Our jurisdic tion to review the BIA ’ s denial of a motion to reopen sua sponte

is limited to determining whether the BIA based its decision on legal or

constitutional error. See Bonilla , 840 F.3d at 581

- 82. Yan has not shown any legal

error underlying the BIA ’ s determ ination that she is ineligible for any benefits

under the Immigration and Nationality Act, including adjustment of status

, where

she was found to have filed a frivolous application for asylum. See 8 U.S.C.

§ 1158(d)(6) ; see also Manhani v. Barr

, 942 F.3d 1176, 1178 (9th Cir. 20 19) ( “ [ A ]

determination that an applicant filed a frivolous asylum application renders the

applicant permanently ineligible for immigration relief.”) ( citation and internal

quotation marks omitted )

. We lack jurisdiction to consider Yan’s remaining

contentions as to the BIA’s denial of sua sponte reopening. See Bonilla , 840 F.3d

at 588

.

PETITION FOR REVIEW DENIED in part; DISMISSED in part

.
Exhibit 32.2





CERTIFICATION





Pursuant to 18 U.S.C. Section 1350, I, John Chieffo, Chief Financial  Officer of Pruco Life Insurance Company of New Jersey (the Company), hereby  certify that the Companys Annual Report on Form 10-K/A for the quarter ended  December 31, 2004 (the Report) fully complies with the requirements of  Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the  information contained in the Report fairly presents, in all material respects,  the financial condition and results of operations of the Company.





Dated:  February 9, 2006





| |        | /s/ John Chieffo       
| | ------ | -----------------------
| |        |                        
| | Name:  | John Chieffo           
| | Title: | Chief Financial Officer




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.





---
Order entered April 12, 2019

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-00247-CR

CARSTEN HEDEMANN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 265th Judicial District Court

Dallas County, Texas

Trial Court Cause No. F-1434917-R

ORDER

On April 11, 2019, the State filed its second motion for extension of time to file brief and 

tendered its appellee’s brief in this case. We GRANT the motion and ORDER the brief filed as 

of the date of this order.

/s/ BILL WHITEHILL

PRESIDING JUSTICE
----

| (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    registrant. |

|   | /s/  Samuel M. Hopkins,      II                  |
|--------|-------------------------------------------------------------------------------------------------------------------------------------------------|
|   | Samuel M. Hopkins, II                                                                                                                           |
|   | Title:  Chief Accounting      Officer                                                                                                      |

----
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

JANICE MUSE, )

Plaintiff, )

vs. ) No. 3:04-CV-2089-N

)

WELLS FARGO BANK, )

Defendant. )

ORDER ACCEPTING FINDINGS AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in

accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the

Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings

and Conclusions of the Court.

For the reasons stated in the Findings, Conclusions, and Recommendation of the United

States Magistrate Judge, the Court hereby DENIES plaintiff’s motion to proceed in forma pauperis.

By separate judgment, the Court dismisses this action for the failure of plaintiff to comply with an

order of the Court. 

SIGNED June 3, 2005.

 

 UNITED STATES DISTRICT JUDGE 

 

 Case 3:04-cv-02089-N Document 9 Filed 06/03/05 Page 1 of 1 PageID 38
# C_2016364EN.01001501.xml

| 3.10.2016 | EN | Official Journal of the European Union | C 364/15 |
| --- | --- | --- | --- |

3.10.2016

EN

Official Journal of the European Union

C 364/15

---

Action brought on 22 July 2016 — Grupo Osborne v EUIPO — Ostermann (DONTORO dog friendship)

(Case T-390/16)

(2016/C 364/11)

Language in which the application was lodged: English

Parties

Applicant: Grupo Osborne, SA (El Puerto de Santa María, Spain) (represented by: J. Iglesias Monravá, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Daniel Ostermann (Leipzig, Germany)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Figurative mark containing the word elements ‘DONTORO dog friendship’ — EU trade mark application No 11 112 381

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 28 April 2016 in Case R 2002/2015-1

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision granting the European Union Trademark No 11 112 381‘DONTORO dog friendship’ (fig.) in Cls. 18, 20 and 35; |
| --- | --- |

—

annul the contested decision granting the European Union Trademark No 11 112 381‘DONTORO dog friendship’ (fig.) in Cls. 18, 20 and 35;

| — | refuse the registration of the European Union Trademark No 11 112 381‘DONTORO dog friendship’ (fig.) in Cl. 35 in the ‘wholesale and retail sale services also through the Internet, garments, shoes and textile products’ and therefore refuse its registration in Classes 25 and 35 in the mentioned services; |
| --- | --- |

—

refuse the registration of the European Union Trademark No 11 112 381‘DONTORO dog friendship’ (fig.) in Cl. 35 in the ‘wholesale and retail sale services also through the Internet, garments, shoes and textile products’ and therefore refuse its registration in Classes 25 and 35 in the mentioned services;

| — | order to whoever opposes this appeal to pay the court’s costs. |
| --- | --- |

—

order to whoever opposes this appeal to pay the court’s costs.

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation No 207/2009.

---
Anthawn MORRIS, Appellant, v. STATE of Florida, Appellee.

No. 4D18-3555

District Court of Appeal of Florida, Fourth District.

[January 31, 2019]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-6964

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

GREGORY K. CLINTON,

Defendant - Appellant.

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

Martinsburg. Gina M. Groh, District Judge. (3:17-cr-00005-GMG-RWT-1)

Submitted: November 22, 2022 Decided: November 29, 2022

Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit 

Judge.

Affirmed by unpublished per curiam opinion.

Gregory K. Clinton, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-6964 Doc: 7 Filed: 11/29/2022 Pg: 1 of 2
2

PER CURIAM:

Gregory K. Clinton appeals the district court’s August 9, 2022, order denying, 

pursuant to a prior prefiling injunction, his “Motion to Correct Disposition Text” and 

“Motion to Dismiss Counts 1, 2, 3, 4, and 5 and Release from Custody.” On appeal, we 

confine our review to the issues raised in the informal brief. See 4th Cir. R. 34(b). Because 

Clinton’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 deny Clinton’s motion for appointment of counsel. 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

∗ We reject Clinton’s conclusory and unsupported allegations of judicial bias. See 

Akins v. Knight, 863 F.3d 1084, 1087-88 (8th Cir. 2017) (holding that plaintiff’s judicial 

complaint did not require presiding judge’s recusal); Belue v. Leventhal, 640 F.3d 567, 573 

(4th Cir. 2011) (“[J]udicial rulings and opinions formed by the judge on the basis of facts 

introduced or events occurring in the course of the current proceedings, or of prior 

proceedings almost never constitute a valid basis for a bias or partiality motion.” (internal 

quotation marks omitted)); United States v. Cherry, 330 F.3d 658, 665 (4th Cir. 2003) 

(explaining that “unsupported, irrational or highly tenuous speculation” is insufficient to 

support partiality claim (internal quotation marks omitted)).

USCA4 Appeal: 22-6964 Doc: 7 Filed: 11/29/2022 Pg: 2 of 2
**XM SATELLITE RADIO INC. AND SUBSIDIARIES**

 

**Exhibit 23.1**

 

**Consent of Independent Registered Accounting Firm**

 

The Board of Directors 

XM Satellite Radio Inc.: 

 

We consent to the incorporation by reference in the registration statements No. 333-130812 on Form S-3 and No. 333-115323-01 on Form S-4 of XM Satellite RadioInc. and subsidiaries of our report dated March 15, 2006 with respect to the consolidated balance sheets of XM Satellite Radio Inc. and subsidiaries as of December 31, 2005 and 2004 and the related consolidated statements of operations, cashflows and stockholders’ equity for each of the years in the three-year period ended December 31, 2005, and the related consolidated financial statement schedule, which report appears in the December 31, 2005 annual report on Form 10-Kof XM Satellite Radio Inc. 

 

/s/ KPMG LLP

 

McLean, VA 

March 15, 2006
**Exhibit 23.1**

 

CONSENT OF INDEPENDENTREGISTERED PUBLIC ACCOUNTING FIRM

 

Wehereby consent to the incorporation by reference in the Registration Statementon Form S-3 (Nos. 333-106378 and 333-107163) and Form S-8 (Nos. 333-45954,333-45956, 333-55614, 333-55946 and 333-103475) of Avaya Inc. of our report datedDecember 13, 2005 relating to the financial statements, management’sassessment of the effectiveness of internal control over financial reportingand the effectiveness of internal control over financial reporting, whichappears in the Annual Report to Shareholders, which is incorporated in thisAnnual Report on Form 10-K.

 

 
| /s/ PricewaterhouseCoopers LLP |   |
|--------------------------------|--------|
| Florham Park, NJ               |   |
| December 13, 2005         |   |

 

1

----
# C_2019016EN.01001701.xml

| 14.1.2019 | EN | Official Journal of the European Union | C 16/17 |
| --- | --- | --- | --- |

14.1.2019

EN

Official Journal of the European Union

C 16/17

---

Judgment of the Court (Ninth Chamber) of 15 November 2018 — Republic of Estonia v European Commission, Republic of Latvia

(Case C-334/17 P) (1)

((Appeal - Common organisation of the markets - Amount to be charged for quantities of surplus sugar not eliminated - Decision 2006/776/EC - Request for modification of a final decision of the European Commission - Letter of refusal - Appeal against that letter - Admissibility))

(2019/C 16/20)

Language of the case: Estonian

Parties

Appellant: Republic of Estonia (represented by: N. Grünberg, acting as Agent)

Other parties to the proceedings: European Commission (represented by: A. Lewis and L. Naaber-Kivisoo, acting as Agents, and by S. Mody, vandeadvokaat), Republic of Latvia

Operative part of the judgment

The Court:

| 1. | dismisses the appeal; |
| --- | --- |

1.

dismisses the appeal;

| 2. | orders the Republic of Estonia to pay the costs. |
| --- | --- |

2.

orders the Republic of Estonia to pay the costs.

---

(1)  OJ C 256, 7.8.2017.

---
Exhibit 13

CERTIFICATIONS UNDER SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the
undersigned certifies that this periodic 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 this annual report fairly represents, in all
material respects, the financial condition and results of operations of Golden
State Petro (IOM 1-B) PLC.


/s/ Tor Olav Troim
-------------------------
Tor Olav Troim
Director


/s/ Kate Blankenship
-------------------------
Kate Blankenship
Director

Date: June 30, 2005
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

DONALD TERRELL BANKS, §

Defendant-Petitioner, §

 § NO. 3:06-CV-1800-N (BF)

v. § (3:03-CR-078-N) (BF)

 § ECF

UNITED STATES OF AMERICA, § 

Plaintiff-Respondent. §

ORDER

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

the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the

Court is of the opinion that the findings, conclusions, and recommendation of the Magistrate

Judge are correct.

IT IS, THEREFORE, ORDERED that the findings, conclusions, and recommendation of

the United States Magistrate Judge are adopted. The Court notes that in view of recent action by

the United States Sentencing Commission, Petitioner may move for a reduction in his sentence

under the new Guideline for cocaine base on or after March 3, 2008, pursuant to 18 U.S.C. sec.

3582(c)(2).

SIGNED December 13, 2007.

 

DAVID C. GODBEY

UNITED STATES DISTRICT JUDGE 

Case 3:03-cr-00078-N Document 655 Filed 12/13/07 Page 1 of 1 PageID 3917
Case 4:03-cv-00313-Y Document 67 Filed 08/06/04 Page 1 of 11 PageID 528
Case 4:03-cv-00313-Y Document 67 Filed 08/06/04 Page 2 of 11 PageID 529
Case 4:03-cv-00313-Y Document 67 Filed 08/06/04 Page 3 of 11 PageID 530
Case 4:03-cv-00313-Y Document 67 Filed 08/06/04 Page 4 of 11 PageID 531
Case 4:03-cv-00313-Y Document 67 Filed 08/06/04 Page 5 of 11 PageID 532
Case 4:03-cv-00313-Y Document 67 Filed 08/06/04 Page 6 of 11 PageID 533
Case 4:03-cv-00313-Y Document 67 Filed 08/06/04 Page 7 of 11 PageID 534
Case 4:03-cv-00313-Y Document 67 Filed 08/06/04 Page 8 of 11 PageID 535
Case 4:03-cv-00313-Y Document 67 Filed 08/06/04 Page 9 of 11 PageID 536
Case 4:03-cv-00313-Y Document 67 Filed 08/06/04 Page 10 of 11 PageID 537
Case 4:03-cv-00313-Y Document 67 Filed 08/06/04 Page 11 of 11 PageID 538
Exhibit 32.1

 

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

In connection with the Annual Report of OraSure Technologies, Inc. (the “Company”) on Form 10-K/A for the year ended December 31, 2017 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Stephen S. Tang, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §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/ Stephen S. Tang

 

 

Stephen S. Tang, Ph.D.

President and Chief Executive Officer

June 7, 2018
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 78 Agreed to Senate (ATS)]

<DOC>

118th CONGRESS
  1st Session
S. RES. 78

   Authorizing the Sergeant at Arms and Doorkeeper of the Senate to 
                conduct quarterly blood donation drives.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2023

 Ms. Klobuchar (for herself and Mrs. Fischer) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
   Authorizing the Sergeant at Arms and Doorkeeper of the Senate to 
                conduct quarterly blood donation drives.

    Resolved,

SECTION 1. QUARTERLY SENATE BLOOD DONATION DRIVES.

    (a) Authorization.--
            (1) In general.--During calendar year 2023, the Sergeant at 
        Arms and Doorkeeper of the Senate, in conjunction with a 
        partnering blood donation organization, is authorized to 
        conduct a blood donation drive once every quarter in room G-50 
        of the Everett McKinley Dirksen Senate Office Building.
            (2) Date selection.--The Sergeant at Arms and Doorkeeper of 
        the Senate shall, in consultation with the Committee on Rules 
        and Administration of the Senate--
                    (A) identify the dates for quarterly blood donation 
                drives conducted under paragraph (1); and
                    (B) select the partnering blood donation 
                organization for each such drive.
    (b) Implementation.--Physical preparations for the conduct of, and 
the implementation of, each blood donation drive authorized under 
subsection (a) shall be carried out in accordance with such conditions 
as the Sergeant at Arms and Doorkeeper of the Senate, in consultation 
with the Committee on Rules and Administration of the Senate, may 
prescribe.
                                 <all>
```
Donald E. THOMAS, Petitioner, v. STATE of Florida, Respondent.

No. 1D18-4963

District Court of Appeal of Florida, First District.

April 9, 2019

Donald E. Thomas, pro se, Petitioner.

Ashley Moody, Attorney General, Tallahassee, for Respondent.

Per Curiam.

The petition for belated appeal, filed on November 14, 2018, is denied.

Roberts, Kelsey, and Winsor, JJ., concur.
Case 3:05-cv-00042-M Document 14 Filed 07/13/05 Page 1 of 1 PageID 162
**Exhibit 32.1**

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

**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 HouseValues, Inc. (the“***Company***”) on Form 10-Q for the period ending March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the “***Form 10-Q***”), Ian Morris, Chief Executive Officer of theCompany and John Zdanowski, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that: 

(1) The Form 10-Q fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78m or78o(d)); and 

(2) The information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and resultof operations of the Company. 

Dated: May 10, 2006 

 

This certification accompanies this Quarterly Report on Form 10-Q pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Such certificationwill not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
Case 4:04-cv-00524-Y Document 4 Filed 08/09/04 Page 1 of 8 PageID 25
 

 Case 4:04-cv-00524-Y Document 4 Filed 08/09/04 Page 2 of 8 PageID 26
 

 Case 4:04-cv-00524-Y Document 4 Filed 08/09/04 Page 3 of 8 PageID 27
 

 Case 4:04-cv-00524-Y Document 4 Filed 08/09/04 Page 4 of 8 PageID 28
 

 Case 4:04-cv-00524-Y Document 4 Filed 08/09/04 Page 5 of 8 PageID 29
 

 Case 4:04-cv-00524-Y Document 4 Filed 08/09/04 Page 6 of 8 PageID 30
 

 Case 4:04-cv-00524-Y Document 4 Filed 08/09/04 Page 7 of 8 PageID 31
 

 Case 4:04-cv-00524-Y Document 4 Filed 08/09/04 Page 8 of 8 PageID 32
Cheyenne MARRON, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-4285

District Court of Appeal of Florida, Second District.

March 21, 2019

**DECISION WITHOUTPUBLISHED OPINION**

Granted.