alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John M. Helck, as Administrator, etc., Appellant, *v.*Henry Reinheimer et al., Impleaded, etc., Respondents.

(Argued April 14, 1890;

decided April 22, 1890.)

An order of General Term granting a motion to vacate an order and judg ment for costs, which was irregularly entered, when by the terms of the order it is made without prejudice, however, to an application at Special Term for costs, is not a final order, and so, not appealable to this court.

Appeal from order of the General Term of the Supreme Court in the third judicial department, made February 7, 1888, which reversed an order of Special Term denying a motion to vacate an order and judgment for costs entered herein upon a remittitur from this court, and which granted said motion. The ground of the motion was that the order and judgment were not authorized by the remittitur, and that the order was irregularly entered.

The order of General Term contained this provision: “ But this order shall be without prejudice to any application by the plaintiff to the Special Term for costs of this action incurred before appeal to the General Term,, and to this court for costs of the appeal to this court.”

The following is the *mem.*of opinion:

“We dismiss this appeal because the order is not final. It leaves the right involved to the future action of the Supreme Court, and having been irregularly entered without the authority of that court was liable to be vacated, and we must either affirm the order or dismiss the appeal. The latter remedy will leave the ultimate question open to the privilege conferred by the General Term, since the remittitur from this court awarded costs of the appeal in this court, and went no further than that.”

*John F. Anderson*for appellant.

*T. F. Bush*for respondents.

*Per curiam mem.*

for dismissal of appeal.

All concur.

Appeal dismissed.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 51050 Summary Calendar

UNITED STATES OF AMERICA,
Plaintiff-Appellee

v.
ROY LEE WELLS, JR. , Defendant-Appellant

Appeals from the United States District Court for the Western District of Texas USDC No. 6:88 -CR- 32 -1

Before JOLLY, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: * Roy Lee Wells, Jr., federal prisoner # 40052

- 080, was sentenced in 1988 under the Armed Career Criminal Act (ACCA) to 480 month s of imprisonment and five years of supervised release. Wells filed a motion invoking Johnson v. United States , 135 S. Ct. 2551 , 2563 (2015) , which invalidated the ACCA’s residual clause, and 28 U.S.C. § 2255. The motion was denied , and Wells appealed.

* 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 April 3, 2017 Lyle W. Cayce Clerk Case: 15-51050 Document: 00513936245 Page: 1 Date Filed: 04/03/2017No. 15

- 51050

2 Wells’s brief requests a certificate of appealability (COA), which must issue for this court to exercise appellate jurisdiction

. Gonzalez v. Thaler , 565 U.S. 134, 142 (2012) (§ 2254 case). Wells’s contention that Johnson applies retroactively and implicates the constitutionality of his conviction under the ACCA satisfies the threshold COA standard. See Slack v. McDaniel, 529 U. S. 473, 484 (2000) . Nevertheless, we agree with the Government that Wells’s claims are ultimately without merit in light of his three Texas controlled substance offenses. These convictions are ACCA predicates separate from residual clause offenses. See 18 U.S.C. § 924(e)(2)(A)(ii); United States v. Vickers , 540 F.3d 356, 363

– 66 (5th Cir. 2008). Further briefing is therefore

unnecessary. See Whitehead v. Johnson , 157 F.3d 384, 38 8 (5th Cir. 1998). For these reasons, we GRANT Wells a COA; we GRANT the Government’s motion for summary affirmance and AFFIRM; we DENY as unnecessary the Government’s alternative request for additional time to file a brief; and we DENY Wells’s motion to dismiss the indictment as moot. Case: 15-51050 Document: 00513936245 Page: 2 Date Filed: 04/03/2017
IIB 

109TH CONGRESS 

2D SESSION H. R. 2383 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2006 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To redesignate the facility of the Bureau of Reclamation 

located at 19550 Kelso Road in Byron, California, as 

the ‘‘C.W. ‘Bill’ Jones Pumping Plant’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


cchase on PROD1PC60 with BILLS
2 

HR 2383 RFS 

1 SECTION 1. REDESIGNATION OF FACILITY. 

2 The facility of the Bureau of Reclamation located at 

3 19550 Kelso Road in Byron, California, and known as the 

4 Tracy Pumping Plant, shall be known and designated as 

5 the ‘‘C.W. ‘Bill’ Jones Pumping Plant’’. 

6 SEC. 2. REFERENCES. 

7 Any reference in a law, map, regulation, document, 

8 paper or other record of the United States to the facility 

9 referred to in section 1 shall be deemed to be a reference 

10 to the ‘‘C.W. ‘Bill’ Jones Pumping Plant’’. 

Passed the House of Representatives March 8, 

2006. 

Attest: KAREN L. HAAS, 

Clerk. 


cchase on PROD1PC60 with BILLS
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 20 22

- 2 587

_____________________________
J OSEPH H. W ILLIAMS , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Columbia County

. Melissa G. Olin
, Judge

. February 6, 2024

P ER C URIAM

.
A FFIRMED

.
B ILBREY , W INOKUR , and T ANENBAUM , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Jessica J. Yeary, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee
, for Appellant.

Ashley Moody, Attorney General, Tallahassee
, for Appellee.
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**Exhibit 31.2**

**CERTIFICATION**

I,Robert D. Marshall, Jr., certify that:

1.I have reviewed this Annual Report on Form 10-K of Wheeling Island Gaming,Inc.;

2.Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;

4.The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and wehave:

a) designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

b) evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

c) disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s fiscal quarter (the registrant’s fourth fiscal quarter in the caseof an annual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and

5.The registrant’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):

a) all significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

b)any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting. 
|                             |                               |
|-----------------------------|------------------------------------|
|                        |                               |
|                        | /s/ Robert D.  Marshall, Jr.       |
| Dated:  March 21, 2007 | Robert D. Marshall, Jr.  President |

 

----
I 

109TH CONGRESS 

1ST SESSION H. R. 225

To require investigations by institutions of higher education of violent felonies 

occurring on campus. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005

Mr. SWEENEY (for himself and Mr. MCNULTY) introduced the following bill; 

which was referred to the Committee on Education and the Workforce 

A BILL

To require investigations by institutions of higher education 

of violent felonies occurring on campus.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Suzanne Lyall Campus 

5 Safety Act’’. 

6 SEC. 2. INVESTIGATIONS BY INSTITUTIONS OF HIGHER 

7 EDUCATION OF VIOLENT FELONIES. 

8 Section 485 of the Higher Education Act of 1965 (20 

9 U.S.C. 1092) is amended—
2

•HR 225 IH 

1 (1) by redesignating subsection (g) as sub2 section (h); and 

3 (2) by inserting after subsection (f) the fol4 lowing new subsection: 

5 ‘‘(g) INVESTIGATION OF SERIOUS VIOLENT FELO6 NIES.—

7 ‘‘(1) PLANS FOR INVESTIGATION OF SERIOUS

8 VIOLENT FELONIES.—Each institution of higher 

9 education shall, within one year after the date of en10 actment of the Suzanne Lyall Campus Safety Act, 

11 adopt and implement a plan providing for the inves12 tigation of any serious violent felony occurring at or 

13 on the grounds of each such institution, and pro14 viding for the investigation of a report of any miss15 ing student. Such plans shall provide for the coordi16 nation of the investigation of such crimes and re17 ports with local law enforcement agencies. Such 

18 plans shall include, but not be limited to, written 

19 agreements with appropriate local law enforcement 

20 agencies providing for the prompt investigation of 

21 such crimes and reports. 

22 ‘‘(2) DEFINITIONS.—As used in this subsection: 

23 ‘‘(A) LOCAL LAW ENFORCEMENT AGEN24 CIES.—The term ‘local law enforcement agen25 cies’ means any agency or agencies employing 
3

•HR 225 IH 

1 peace officers or police officers for the enforce2 ment of the laws of a State, and which has or 

3 have jurisdiction under provisions of the crimi4 nal procedure law over offenses occurring at or 

5 on the grounds of any institution subject to the 

6 provisions of this subsection. 

7 ‘‘(B) MISSING STUDENT.—The term ‘miss8 ing student’ means any student of an institu9 tion subject to the provisions of this subsection 

10 who resides in a facility owned or operated by 

11 such institution and who is reported to such in12 stitution as missing from his or her residence. 

13 ‘‘(C) SERIOUS VIOLENT FELONY.—The 

14 term ‘serious violent felony’ means a serious 

15 violent felony as such term is defined by section 

16 3559(c) of title 18, United States Code.’’.

Æ
Fourth Court of Appeals

San Antonio, Texas

August 6, 2014

No. 04-14-00387-CV

Comfort D. ROBERTS,

Appellant

v.

BEST & SPRUILL, Allison Spruill, Delta Best, Daryl Quijano, and Kenneth Welch,

Appellees

From the 288th Judicial District Court, Bexar County, Texas

Trial Court No. 2014-CI-03206

Honorable Janet P. Littlejohn, Judge Presiding

ORDER

In accordance with the court’s opinion of this date, this appeal is DISMISSED FOR WANT 

OF JURISDICTION.

We order that appellant Comfort D. Roberts pay all costs incurred because of this appeal. 

It is so ORDERED on August 6, 2014.

_____________________________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 6th day of August, 2014.

_____________________________

Keith E. Hottle, Clerk
COURT OF APPEALS OF VIRGINIA

Present: Judge Elder, Senior Judg e Annunziata and Re tired Judge Hodges*

DOMINION VIRGIN IA POWER AND DOMINION RESOURCES, INC. MEMORANDUM OPINION * * v. Record No. 1409-08-1 PER CURIAM NOVEMBER 4, 2008 HAROLD DEAN FLORA, JR.

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Arthur T. Aylward; Angela F. Gibbs; Midkiff, Muncie & Ross, P.C., on briefs), for appellants. (John H. Klein; Montagna, Kl ein, Camden LLP, on brief), for appellee.

Dominion Virginia Power and Dominion Res ources, Inc. appeal a decision of the Workers’ Compensation Commissi on finding that Harold Dean Fl ora, Jr. (claimant) proved (1) his psychiatric disability is causally related to his co mpensable May 23, 2001 injury by accident; (2) he has been totally disabled since November 1, 2006, based upon the opinions of the treating orthopedic surgeon, Dr. Lawrence Morales, and, ther efore, had no duty to market; (3) referral to Dr. Donald Mingione, a psychol ogist, was appropriate ; (4) he has reached maximum medical improvement with respect to his le ft leg; and (5) he sust ained a fifteen percent permanent partial impairment of his left lower extremity due to radicular symptoms and a seven percent permanent partial impairment of his left lower extremity due to the knee. We have

reviewed the record and the comm ission’s opinion and find that this appeal is without merit.

* Retired Judge Hodges took part in the consid eration of this case by designation pursuant to Code § 17.1-400(D).

** Pursuant to Code § 17.1-413, this opini on is not designated for publication.- 2 - Accordingly, we affirm for the reasons st ated by the commission in its final opinion. See Flora v. Dominion Virginia Power , VWC File No. 207-01-02 (May 20, 2008) . We dispense with oral argument and summarily affirm because the facts and legal contentions are adequately presented in the materials before the Court and argumen t would not aid the de cisional process. See Code § 17.1-403; Rule 5A:27.

Affirmed.
<PAGE>
                                                                      Exhibit 32
                        CERTIFICATION OF PERIODIC REPORT

I, Louis E. Prezeau, the Chief Executive Officer and President of City National
Bancshares Corporation (the "Company"), certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

(1)   the Quarterly Report on Form 10-Q of the Company for the quarter ended
      March 31, 2005 (the "Report") fully complies with the requirements of
      Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
      78m or 78o(d)); 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 12, 2005

                                                   /s/ Louis E. Prezeau
                                                   --------------------------
                                                   Louis E. Prezeau
                                                   Chief Executive Officer
                                                   and President

                        CERTIFICATION OF PERIODIC REPORT

I, Edward R. Wright, the Chief Financial Officer and Senior Vice President of
City National Bancshares Corporation (the "Company"), certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

(1)   the Quarterly Report on Form 10-Q of the Company for the quarter ended
      March 31, 2005 (the "Report") fully complies with the requirements of
      Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
      78m or 78o(d)); 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 12, 2005

                                                    /s/ Edward R. Wright
                                                    ---------------------------
                                                    Edward R. Wright
                                                    Chief Financial Officer
                                                    and Senior Vice President
[No. 37621-7-I.

Division One.

September 8, 1997.]

#### Horeco, Inc., et al., *Respondents,*v. Pacific Capital Investments, Inc., et al., *Appellants.*

Appeal from a judgment of the Superior Court for King County, No. 94-2-10002-5, Nancy Ann Holman, J., entered October 10, 1995. *Reversed*by unpublished opinion per Ellington, J., concurred in by Kennedy, A.C.J., and Webster, J.
#### PALMER, Appellant, v. PALMER, Respondent.

(Supreme Court, Appellate Division, First Department.

March 11, 1898.)

Action by Mariline Palmer against Albert Palmer.

R. Foster, for appellant.

A. J. Dittenhoofer, for respondent.

No opinion. Order denying motion to punish for contempt reversed, with $10 costs, and motion granted, with $10 costs, upon the authority of Ryckman v. Ryckman, 34 Hun, 235.
<PAGE>

                                                                    Exhibit 99.2

                                Certification of
                             Chief Financial Officer
                         of Wyndham International, Inc.

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. ss. 1350, and accompanies the quarterly report on Form 10-Q
(the "Form 10-Q") for the quarter ended September 30, 2002 of Wyndham
International, Inc. (the "Issuer").

I, Richard A. Smith, Chief Financial Officer of the Issuer, certify that to the
best of my knowledge:

     (i)  the Form 10-Q fully complies with the requirements of section 13(a) or
          section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)
          or 78o(d)); and

     (ii) the information contained in the Form 10-Q fairly presents, in all
          material respects, the financial condition and results of operations
          of the Issuer.

Dated:  November 12, 2002.


                                        /s/ Richard A. Smith
                                       -----------------------------------------
                                       Name:  Richard A. Smith


Subscribed and sworn to before me this 12 day of November 2002.

 /s/ CAMALETA M. ROSEMAN
----------------------------------------
Name: Camaleta M. Roseman
     -----------------------------------
Title:  Notary Public

My commission expires:  05-24-2004
                      ------------------
UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

REGENT BANK, ) 

 ) 

 Plaintiff, ) 

 ) 

 v. ) CAUSE NO.: 1:16-CV-262-TLS 

 ) 

BIRCH REA PARTNERS, INC., ) 

 ) 

 Defendant. ) 

OPINION AND ORDER

 Plaintiff Regent Bank filed suit against Birch Rea Partners, Inc. (Birch) on July 7, 2016 

[ECF No. 1]. This matter is before the Court on the Plaintiff’s Motion for Voluntary Dismissal 

[ECF No. 32], filed on September 26, 2017. The Plaintiff affirms that all claims by the Plaintiff 

against the Defendant have been settled and that this case should be dismissed, with prejudice, 

with each party bearing its own attorney fees and costs. The Defendant does not object. 

Accordingly, the Court will analyze the Plaintiff’s request for dismissal with prejudice 

pursuant to Federal Rule of Civil Procedure 41(a)(2), which allows a court to consider whether it 

is proper to order a party dismissed upon a plaintiff’s motion. It is within the Court’s sound 

discretion in deciding whether to permit a plaintiff to voluntarily dismiss an action pursuant to 

Rule 41(a)(2). Tolle v. Carroll Touch, Inc., 23 F.3d 174, 177 (7th Cir. 1994); Tyco Labs., Inc. v. 

Koppers Co., 627 F.2d 54, 56 (7th Cir. 1980). In deciding whether to grant a Rule 41(a)(2) 

motion to dismiss, a court may look at a variety of factors, including: (1) a defendant’s effort and 

resources already expended in preparing for trial; (2) excessive delay and lack of diligence on the 

part of plaintiff in prosecuting the action; (3) insufficient explanation for the need of a dismissal; 
2

and (4) whether a summary judgment motion has been filed by defendant. Tyco Labs., 627 F.2d 

at 56. 

 In consideration of the procedural context of this case and the parties’ submissions, the 

Court finds that it has the power to enter an order regarding this case, and further finds that 

dismissal of the action is appropriate because the Defendant has not filed summary judgment 

motions against the Plaintiff, the Defendant does not object to the dismissal, and the dismissal 

will be with prejudice. The context in which dismissal is sought is not adversarial and there is no 

prejudice to the Defendant in allowing the dismissal. 

 For the foregoing reasons, the Court GRANTS the Motion for Voluntary Dismissal [ECF 

No. 32] and DISMISSES WITH PREJUDICE the Plaintiff’s claims against the Defendant. The 

Court DIRECTS the Clerk of Court to close this case. 

 SO ORDERED on October 23, 2017. 

 s/ Theresa L. Springmann 

 CHIEF JUDGE THERESA L. SPRINGMANN 

 UNITED STATES DISTRICT COURT