alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## C O U R T O F 

## A P P E A L S

S E C O N D D I S T R I C T O F T E X A S

CHIEF JUSTICE

BONNIE SUDDERTH

JUSTICES

SUE WALKER

BILL MEIER

LEE GABRIEL

ELIZABETH KERR

MARK T. PITTMAN

J. WADE BIRDWELL TIM CURRY CRIMINAL JUSTICE CENTER

401 W. BELKNAP, SUITE 9000

FORT WORTH, TEXAS 76196-0211

TEL: (817) 884-1900

FAX: (817) 884-1932

www.txcourts.gov/2ndcoa CLERK

DEBRA SPISAK

CHIEF STAFF ATTORNEY

LISA M. WEST

GENERAL COUNSEL

CLARISSA HODGES

June 14, 2018

Hon. David L. Evans

Regional Presiding Judge

Tom Vandergriff Civil Courts Building

100 N. Calhoun, 4th Floor

Fort Worth, TX 76196

* DELIVERED VIA E-MAIL *

Joseph W. Spence

Assistant District Attorney

401 W. Belknap Street

Fort Worth, TX 76196

* DELIVERED VIA E-MAIL *

Lance (Luke) H. Beshara

Patel Gaines, PLLC

221 West Exchange Ave., Suite 206A

Fort Worth, TX 76164

* DELIVERED VIA E-MAIL *

Hon. Mollee Westfall

Judge, 371st District Court

Tim Curry Criminal Justice Center

401 W. Belknap St., 5th Floor

Fort Worth, TX 76196

* DELIVERED VIA E-MAIL * Criminal District Clerk, Tarrant County

Tim Curry Criminal Justice Center

401 W. Belknap, 3rd Floor

Fort Worth, TX 76196-0402

* DELIVERED VIA E-MAIL *

Katherine E. Owens

Tarrant County Criminal District Attorney's

Office

401 W. Belknap Street

Fort Worth, TX 76196

* DELIVERED VIA E-MAIL *

Mark D. Scott

Mark D. Scott & Associates, PLLC

3000 East Loop 820

Fort Worth, TX 76112

* DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 02-18-00007-CR, 02-18-00008-CR

Trial Court Case Number: 1470861DX1, 1475011DX1

Style: Mark Scott

v.

The State of Texas

Today the Second Court of Appeals issued an opinion and judgment in the

above-referenced cause. Copies of the opinion and judgment are attached and can

also be viewed on our Court’s webpage at: http://www.txcourts.gov/2ndcoa

.02-18-00007-CR

June 14, 2018

Page 2

Respectfully yours,

DEBRA SPISAK, CLERK
#### Donald Leon SMILEY, Plaintiff—Appellant, v. David Stanley PARKER, Former Corrections Officer; David Pirriteli, Jr., Defendants—Appellees.

No. 04-6357.

United States Court of Appeals, Fourth Circuit.

Submitted May 13, 2004.

Decided May 19, 2004.

*918Donald Leon Smiley, Appellant pro se.

Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Donald L. Smiley seeks to appeal the district court’s order dismissing his 42 U.S.C. § 1983 (2000) complaint for failing to comply with the terms of a prefiling injunction. We have reviewed the record and find that this appeal is frivolous. Accordingly, we dismiss the appeal on the reasoning of the district court. *See Smiley v. Parker,*No. CA-04-32-AM (E.D. Va. filed Feb. 5, 2004 *&*entered Feb. 6, 2004). We also revoke Smiley’s status to proceed under the Prison Litigation Reform Act, *see*28 U.S.C. § 1915(g) (2000), because it is clear that the district court has dismissed at least three prior actions for failing to state a claim upon which relief can be granted pursuant to 28 U.S.C. § 1915A(b)(1) (2000). *See Smiley v. Nottoway Correctional Ctr.,*No. CA-00-74AM (E.D. Va. Mar. 23, 2000); *Smiley v. Virginia,*No. CA-00-161-AM (E.D.Va. Mar. 23, 2000); *Smiley v. Nottoway Correctional Ctr.,*No. CA-00-165-AM (E.D.Va. Mar. 20, 2000). 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.

*DISMISSED*
Tại Sao Làm Lạnh Thức Ăn Đúng Cách Lại 

Quan TrọngTôi tên là Carlos. Tôi là đầu bếp tại một nhà hàng. Tôi nấu đậu hàng ngày.

Các chảo thức ăn đậy 

nắp/xếp chồng lên 

nhau vẫn còn ở 78 ̊F 

(25,5 ̊C) sau 24 giờ. 

Sau khi nấu đậu, tôi cho vào chảo và đặt trong tủ lạnh nhỏ. 

Hàng ngày, tôi hâm nóng lại đậu trước khi đặt chúng lên bàn hơi nước.Ngày nọ, một cô bé tên là Emily đã gọi món đậu và taco.

Sau đó trong ngàEmily bị bệnh nặnkèm nôn mửa và tchảy. Cô bé đã pnhập viện. 

Cơ quan y tế nói rằng đậu đã làm cho khách hàng của chúng tôi bị bệnh. Đậu đã không được làm lạnh đủ nhanh trong các chảo sâu đậy nắp và xếp chồng lên nhau.

Tôi chưa bao giờ có ý làm cNhà hàng của chúng tôi bâđúng cách.Các phương pháp làm lạnh Cho thức ăn vào chảo kim lngăn đá, trữ lạnhChia thức ăn vào những hộSử dụng thiết bị làm lạnh nTrộn đều thức ăn đựng tronđáCác phương pháp hữu hiệu 

Hãy Bảo Vệ Mọi Người Ở Mọi Nơi.

Làm Lạnh Thức Ăn Đúng Cách.
CERTIFICATIONS



I, Jason Weber, certify that:



1.

I have reviewed this amended annual report on Form 20-F of Alianza Minerals Ltd.;



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 Company as of, and for, the periods presented in this report;



4.

The Companys other certifying officer 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 internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the Company 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 Company, 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)

Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principals;



c)

Evaluated the effectiveness of the Company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



d)

Disclosed in this report any change in the Companys internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the Companys internal control over financial reporting; and



5.

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





Date:  May 19, 2017





/s/  Jason Weber

Jason Weber

President and CEO
<PAGE>
                                                                 EXHIBIT 10.10.7


                                    WESTCORP

              EMPLOYEE STOCK OWNERSHIP PLAN AND SALARY SAVINGS PLAN

            (As Amended and Restated Effective as of January 1, 2001)

                               AMENDMENT NO. SEVEN



            WHEREAS, WESTCORP, a California corporation (the "Company")
established the Westcorp Employee Stock Ownership Plan and Salary Savings Plan
(the "Plan"), effective as of January 1, 1975, for the benefit of its eligible
employees and their beneficiaries; and

            WHEREAS, the Company adopted the 2001 Restatement of the Plan
effective as of January 1, 2001 and the Plan was amended thereafter on six
separate occasions; and

            WHEREAS, Section 17.1 of the Plan gives the Administrative
Committee of the Plan the authority to amend the Plan; and

            WHEREAS, the Administrative Committee has determined that it is in
the best interest of the Plan's participants and their beneficiaries that the
Plan be amended as set forth herein.

            NOW, THEREFORE, pursuant to resolutions adopted by the Plan's
Administrative Committee, the Plan is hereby amended effective as of January 1,
2004 as follows:

      Section 2.26 is hereby amended in its entirety to read as follows:

      "2.26 Entry Date. "Entry Date" shall mean the 1st day of each calendar
month."



<PAGE>


IN WITNESS WHEREOF, the Administrative Committee of the Westcorp Employee Stock
Ownership Plan and Salary Savings Plan has adopted this Amendment No. Seven on
the 18th day of December, 2003.

                                    ADMINISTRATIVE COMMITTEE OF THE
                                    WESTCORP EMPLOYEE STOCK OWNERSHIP PLAN
                                    AND SALARY SAVINGS PLAN



                                    By:
                                        --------------------------------------
                                          Shaunna Monticelli, Chairman
                                          Administrative Committee
                                          Westcorp Employee Stock
                                          Ownership Plan
                                          and Salary Savings Plan
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES OF AMERICA )

)

v. ) CASE NO.: 1:13-CR-27-TLS 

)

JUAN CORONA )

ORDER ACCEPTING FINDINGS AND RECOMMENDATION

This matter is before the Court on the Findings and Recommendation of the United States

Magistrate Judge [ECF No. 30], filed on September 23, 2013. The Defendant has waived objection

to the Findings and Recommendation, and the Court, being duly advised, adopts the Findings and

Recommendation [ECF No. 30] in its entirety and accepts the recommended disposition. Subject to

this Court’s consideration of the Plea Agreement pursuant to Federal Rule of Criminal Procedure

11(c), the plea of guilty to the offense charged in Count 1 of the Indictment IS hereby accepted, and

the Defendant is adjudged guilty of such offense. 

The notice of sentencing and pre-sentence scheduling deadlines will be issued by separate

order.

SO ORDERED on October 9, 2013. 

 s/ Theresa L. Springmann 

THERESA L. SPRINGMANN

UNITED STATES DISTRICT COURT
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 41445

UNITED STATES OF AMERICA , Plaintiff

- Appell ee

v.
JAMES DOUGLAS NICHOLS , Defendant

- Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:13

- CV

- 56 USDC No. 4:09

- CR

- 222

- 2

Before HIGGINBOTHA M , HAYNES, and GRAVES, Circuit Judges. PER CURIAM: * James Douglas Nichols, federal prisoner # 16570

- 078 , filed a 28 U.S.C. § 2255 motion to vacate his sentence f or conspiracy to possess with intent to distribute heroin. Nichols seeks a certificate of appealability ( COA ) and leave to proceed in forma pauperis (IFP) to appeal the magistr ate judge’s order closing his case administratively. This court mu st examine the basis of its jurisdiction, sua sponte, if necessary. See Mosley v. Cozby , 813 F.2d 659, 660

* 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 Fifth Circuit 

### FILED March 1, 2017 Lyle W. Cayce Clerk Case: 15-41445 Document: 00513892949 Page: 1 Date Filed: 03/01/2017No. 15

- 41445

2 (5th Cir. 1987). A magistrate judge has authority to hear and determine pretrial matters

. See 28 U.S.C. § 636(b)(1)(A). As a general rule, an order issued by a magistrate judge is not a final o rder appealable to this court. See Donaldson v. Ducote , 37 3 F.3d 622, 624 (5th Cir. 2004); see also Colburn v. Bunge Towing, Inc. , 883 F.2d 372, 379 (5th Cir. 1989) (noting that appellate courts are without jurisdiction to hear appeals directly from federal magistrate judges). Additionally, the constitution does not permit a magistrate judge to enter a final judgment in a § 2255 proceeding. United States v. Johns t on , 258 F.3d 361, 372 (5th Cir. 2001). We lack jurisdiction to address this appeal. See Donaldson , 373 F.3d at 624 . Accordingly, we deny Nichols’s two motions as
moot

. APPEAL DISMISSED ; MOTIONS DENIED AS MOOT

. Case: 15-41445 Document: 00513892949 Page: 2 Date Filed: 03/01/2017
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 Annual Report on Form 10-K/A of SinoHub, Inc. (the “Company”) for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Henry T. Cochran, Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his 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.
 
 
 Dated:  May 24, 2011
By:
/s/ Henry T. CochranHenry T. CochranChief Executive Officer
 
 This certification accompanies each Report pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of §18 of the Securities Exchange Act of 1934, as amended.
 
 A signed original of this written statement required by §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.
Exhibit 31.2

CERTIFICATION
PURSUANT TO SECTION 302(a)OF THE
SARBANES-OXLEY ACT OF 2002

I, Linda M.
Breard, certify that:

| | 1) |  | I have reviewed this quarterly report on Form 10-Q of Quantum
      Corporation;                                                                                                                                                                                                                                                  
| | -- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |   
| | 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;
| |    |  |                                                                                                                                                                                                                                                                                                                                   

|Date: February 15, 2013 |                                
|----------------------- | -------------------------------
|                       
|                        | /s/
      LINDA M. BREARD      
|                        | Linda M. Breard                
|                        | Chief Financial Officer        
|                        | (Principal Financial
  Officer)

---
[Federal Register Volume 60, Number 94 (Tuesday, May 16, 1995)]
[Notices]
[Page 26035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11997]



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


FEDERAL RESERVE SYSTEM

First Peoples Bancshares, Inc., et al.; Formations of; 
Acquisitions by; and Mergers of Bank Holding Companies

    The companies listed in this notice have applied for the Board's 
approval under section 3 of the Bank Holding Company Act (12 U.S.C. 
1842) and Sec.  225.14 of the Board's Regulation Y (12 CFR 225.14) to 
become a bank holding company or to acquire a bank or bank holding 
company. The factors that are considered in acting on the applications 
are set forth in section 3(c) of the Act (12 U.S.C. 1842(c)).
    Each application is available for immediate inspection at the 
Federal Reserve Bank indicated. Once the application has been accepted 
for processing, it will also be available for inspection at the offices 
of the Board of Governors. Interested persons may express their views 
in writing to the Reserve Bank or to the offices of the Board of 
Governors. Any comment on an application that requests a hearing must 
include a statement of why a written presentation would not suffice in 
lieu of a hearing, identifying specifically any questions of fact that 
are in dispute and summarizing the evidence that would be presented at 
a hearing.
    Unless otherwise noted, comments regarding each of these 
applications must be received not later than June 9, 1995.
    A. Federal Reserve Bank of Atlanta (Zane R. Kelley, Vice President) 
104 Marietta Street, N.W., Atlanta, Georgia 30303:
    1. First Peoples Bancshares, Inc., Pine Mountain, Georgia; to 
become a bank holding company by acquiring 100 percent of the voting 
shares of First Peoples Bank, Pine Mountain, Georgia.
    2. First Sterling Bancshares, Inc., Auburndale, Florida; to merge 
with Commerce Bank Corporation, Winter Haven, Florida, and thereby 
acquire Commerce Bank of Central Florida, Winter Haven, Florida.
    B. Federal Reserve Bank of Minneapolis (James M. Lyon, Vice 
President) 250 Marquette Avenue, Minneapolis, Minnesota 55480:
    1. International Bancorporation, Golden Valley, Minnesota; to merge 
with American Bancorporation Holding Company of Brainerd, Brainerd, 
Minnesota, and thereby acquire American National Bank of Brainerd, 
Brainerd, Minnesota.

    Board of Governors of the Federal Reserve System, May 10, 1995.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 95-11997 Filed 5-15-95; 8:45 am]
BILLING CODE 6210-01-F
[Federal Register Volume 60, Number 82 (Friday, April 28, 1995)]
[Notices]
[Page 20960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10593]



========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 60, No. 82 / Friday, April 28, 1995 / 
Notices
[[Page 20960]]

ADMINISTRATIVE CONFERENCE OF THE UNITED STATES


Special Committee to Review the Government in the Sunshine Act; 
Notice of Public Meeting

SUMMARY: Pursuant to the Federal Advisory Committee Act (Pub. L. No. 
92-463), notice is hereby given of a meeting of the Special Committee 
to Review the Government in the Sunshine Act of the Administrative 
Conference of the United States.

DATES: Friday, May 12, 1995, at 2 p.m.

LOCATION: Office of the Chairman, Administrative Conference, 2120 L 
Street, N.W., Suite 500, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Jeffrey Lubbers, Office of the 
Chairman, Administrative Conference of the United States, 2120 L 
Street, N.W., Suite 500, Washington, DC 20037. Telephone: (202) 254-
7020.

SUPPLEMENTARY INFORMATION: The Special Committee to Review the 
Government in the Sunshine Act will meet for the first time to discuss 
a letter from over a dozen current and former agency commissioners 
requesting that the Administrative Conference review the operation of 
the Government in the Sunshine Act. The committee, formed by the 
Chairman of the Conference in response to that letter, will plan its 
upcoming activities for the rest of the summer, and will determine 
whether to have a public hearing on the issues raised by the letter. 
Copies of the letter are available from the Administrative Conference.
    Attendance at the meetings is open to the interested public, but 
limited to the space available. Persons wishing to attend should notify 
the Office of the Chairman at least one day in advance. The chairman of 
the committee, if he deems it appropriate, may permit members of the 
public to present oral statements at the meeting. Any member of the 
public may file a written statement with the committee before, during, 
or after the meeting. Minutes of the meeting will be available on 
request.

    Dated: April 21, 1995.
Jeffrey S. Lubbers,
Research Director.
[FR Doc. 95-10593 Filed 4-27-95; 8:45 am]
BILLING CODE 6110-01-P
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