alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Terry Michael WILMORE, Petitioner-Appellant, v. Michael McCALL, Warden, Respondent-Appellee.

No. 11-6726.

United States Court of Appeals, Fourth Circuit.

Submitted: Aug. 17, 2011.

Decided: Aug. 24, 2011.

Terry Michael Wilmore, Appellant Pro Se.

Before KING, WYNN, and DIAZ, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Terry Michael Wilmore seeks to appeal the district court’s order adopting the recommendation of the magistrate judge and dismissing his 28 U.S.C. § 2254 (2006) petition as successive. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

Parties are accorded thirty days after the entry of the district court’s final judgment or order to note an appeal, Fed. R.App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R.App. P. 4(a)(5), or reopens the appeal period under Fed. R.App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” *Bowles v. Russell,*551 U.S. 205, 214, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court’s order was entered on the docket on April 13, 2011. The notice of appeal can be deemed filed, at the earliest, on May 24, 2011.* Because Wil-*637more failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. 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.*

*

 For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly *637delivered to prison officials for mailing to the court. Fed. R.App. P. 4(c); *Houston v. Lack,*487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).
EXHIBIT
32.1
 
 
 STATEMENT
REQUIRED BY 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 of China Digital Media
Corporation (the "Company") for the year ended December 31, 2008, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I, Ng
Chi Shing, Chief Executive Officer and Chief Financial Officer of the Company,
certify that:
  
 *
              the
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934;
and
 
 
 *
              information
      contained in the Report fairly presents, in all material respects, the
      financial condition and results of operations of the
    Company.
 
  /s/
Ng Chi Shing
 Ng Chi
Shing
 Director,
President and Chief Executive Officer
 
 March 30,
2009
 
 /s/
Ng Chi Shing
 Ng Chi
Shing Chief Financial Officer
 
 March 30,
2009
   This
certification accompanies this Report pursuant to Section 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
Section 18 of the Securities Exchange Act of 1934, as
amended.
# Fourth Court of Appeals
San Antonio, Texas

October 9, 2019

No. 04

- 19

- 00399

- CR

Kurt Wayne LOPER

, Appellant

v.

The STATE of Texas, Appellee

From the County Court at Law No. 6, B exar County, Texas

Trial Court No. 566384 Honorable Wayne A. Christian, Judge Presiding



### O R D E R

Appellant’s counsel has noted there are items missing from the clerk’s record. Specifically, appellant’s counsel states, “a review of the docket sheet does indicate that the defense counsel e

- filed two documents on May 23, 2019,” which include a Motion for Speedy Trial with a memorandum of law a ttached. We ORDER the trial court clerk to file a supplemental clerk’s record containing the two documents e

- filed two on May 23, 2019, within 10 days of this order.

_________________________________ Luz Elena D. Ch apa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of October, 2019

.

___________________________________ Luz E strada

, Chief Deputy Clerk
Parraguirre

SUPREME COURT

OF NEVADA

( 6 ) 194/A Further, because the State pleaded laches, appellant was required to

overcome the presumption of prejudice to the State. See NRS 34.800(2).

Appellant asserted that he had good cause to excuse the procedural defects because (1) his previous post-conviction counsel wereineffective, (2) he recently located evidence supporting a prior ineffectiveassistance claim, and (3) the district court order denying his first petition was void. To establish good cause "a petitioner must show that an impediment external to the defense prevented him or her from complying with the state procedural default rules." See Hathaway v. State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003). Appellant's reasons for the delay in filing his petition do not constitute good cause. See Brown v. McDaniel, 130., Nev. Adv. Op. 60, 331 P.3d 867, 870 (2014). Appellant also failed to overcome the presumption of prejudice to the State and therefore his petition is procedurally barred. Accordingly, we

ORDER the judgment of the district court AFFIRMED. 2



## ?Qa. Douglas

2 This appeal has been submitted for decision without oral argument, NRAP 34(0(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).

2CHERRY, J., concurring: Although I would extend the equitable rule recognized in 

### Martinez v. Ryan, 132 S. Ct. 1309 (2012), to this case because appellant was convicted of murder and is facing a severe sentence, 

### see Brown v. McDaniel, 130 Nev., Adv. Op. 60, 331 P.3d 867 (2014) (Cherry, J., dissenting), I concur in the judgment on appeal.

Cherry

cc: Hon. William D. Kephart, District Judge Brendan James Nasby Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT

OF NEVADA 3
(0) 1947A eo
**EXHIBIT
      32**





**CERTIFICATION
      OF THE CHIEF EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL
      OFFICER**







Pursuant
      to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of
      2002, the undersigned officer of Patco Industries, Ltd. (the “Company”) hereby
      certifies that based on his knowledge:




(i)  the
      Annual Report on Form 10-KSB of the Company for the fiscal year ended December
      31, 2004 (the “Report”) fully complies with the requirements of Section 13(a) or
      Section 15(d), as applicable, of the Securities Exchange Act of 1934, as
      amended; and




(ii)  the
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company as of and
      for
      the periods covered in the Report.







Dated:
                July 14, 2005
            /s/
                William C. Patridge
              Name:William
                C. Patridge
              Title:Chief
                Executive Officer (principal executive officer and principal financial
                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 as an exhibit
      to
      the Form 10-KSB and shall not be considered filed as part of the Form
      10-KSB.
Exhibit 32.1

CERTIFICATION PURSUANT TO THE SARBANES-OXLEY ACT18
U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

I, John L. Threshie Jr., CEO of The Tirex Corporation (the
Company) do hereby 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. This Annual Report on Form 10-KSB of
the Company for the period ended June 30, 2006 as filed 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

2. The information contained in the
report fairly presents, in all material respects, the financial condition and
results of operations of the Company.

/s/ John L. Threshie Jr.John L. Threshie Jr., CEO

Date: October 12, 2006

---
EX-10.2








Exhibit 10.2




ESSA OFFICER WAIVER



In consideration for the benefits I will receive as a result of my employer’s participation in the
United States Department of the Treasury’s TARP Capital Purchase Program, I hereby voluntarily
waive any claim against the United States or my employer for any changes to my compensation or
benefits that are required to comply with the regulation issued by the Department of the Treasury
as published in the Federal Register on October 20, 2008.



I acknowledge that this regulation may require modification of the compensation, bonus, incentive
and other benefit plans, arrangements, policies and agreements (including so-called “golden
parachute” agreements) that I have with my employer or in which I participate as they relate to the
period the United States holds any equity or debt securities of my employer acquired through the
TARP Capital Purchase Program.



This waiver includes all claims I may have under the laws of the United States or any state
related to the requirements imposed by the aforementioned regulation, including without limitation
a claim for any compensation or other payments I would otherwise receive, any challenge to the
process by which this regulation was adopted and any tort or constitutional claim about the effect
of these regulations on my employment relationship.




	 	 	 
	Dated:
            


                 
   , 2008
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1531 Referred in House (RFH)]

  2d Session
                                S. 1531

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 1998

     Referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 AN ACT

 
  To deauthorize certain portions of the project for navigation, Bass 
                             Harbor, Maine.

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

SECTION 1. BASS HARBOR, MAINE.

    (a) Deauthorization.--The portions of the project for navigation, 
Bass Harbor, Maine, authorized on May 7, 1962, under section 107 of the 
River and Harbor Act of 1960 (33 U.S.C. 577), that are described in 
subsection (b) are not authorized after the date of enactment of this 
Act.
    (b) Description.--The portions of the project referred to in 
subsection (a) are described as follows:
            (1) Beginning at a bend in the project, N149040.00, 
        E538505.00, thence running easterly about 50.00 feet along the 
        northern limit of the project to a point N149061.55, 
        E538550.11, thence running southerly about 642.08 feet to a 
        point, N148477.64, E538817.18, thence running southwesterly 
        about 156.27 feet to a point on the westerly limit of the 
        project, N148348.50, E538737.02, thence running northerly about 
        149.00 feet along the westerly limit of the project to a bend 
        in the project, N148489.22, E538768.09, thence running 
        northwesterly about 610.39 feet along the westerly limit of the 
        project to the point of origin.
            (2) Beginning at a point on the westerly limit of the 
        project, N148118.55, E538689.05, thence running southeasterly 
        about 91.92 feet to a point, N148041.43, E538739.07, thence 
        running southerly about 65.00 feet to a point, N147977.86, 
        E538725.51, thence running southwesterly about 91.92 feet to a 
        point on the westerly limit of the project, N147927.84, 
        E538648.39, thence running northerly about 195.00 feet along 
        the westerly limit of the project to the point of origin.

            Passed the Senate June 9, 1998.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.
```
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#### International Electron Devices (USA) LLC et al., Appellants, v Menter, Rudin & Trivelpiece, P.C., Respondent.

[944 NYS2d 713]

Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered April 20, 2011 in a legal malpractice action. The order and judgment granted defendant’s motion for summary judgment.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs. Present — Scudder, EJ., Smith, Centra, Fahey and Peradotto, JJ.
<PAGE>   1

                                                                      Exhibit 11

                             TUSCARORA INCORPORATED

EXHIBIT 11 -- COMPUTATION OF DILUTED NET INCOME PER SHARE

<TABLE>
<CAPTION>
                                             1994           1995           1996          1997       1998
                                             ----           ----           ----          ----       ----
<S>                                         <C>           <C>            <C>           <C>        <C>
Weighted average number of shares
  of Common Stock outstanding                9,194         9,231          9,362         9,452      9,488 
Net effect of dilutive stock options --
  based on the treasury stock method
  using the average market price for
  the period                                   125           156            171           167        168
                                            ------        ------         ------        ------     ------
          TOTAL                              9,318         9,387          9,533         9,619      9,657
                                            ======        ======         ======        ======     ======
Net income                                  $5,703        $8,980         $9,653        $9,295     $8,032
                                            ======        ======         ======        ======     ======
Per share amount                             $0.61         $0.96          $1.01         $0.97      $0.83
                                            ======        ======         ======        ======     ======
</TABLE>

The per share amounts and share numbers have been adjusted to reflect the 50%
share distribution declared on December 18, 1996 payable on January 13, 1997 to
shareholders of record on December 27, 1996. In thousands, except per share
data.
Exhibit 10.8


Wall Street Acquisitions
Corp 





Subscription Agreement


 


The undersigned, intending
to be legally bound, hereby irrevocably subscribes for and agrees to purchase shares of the common stock of Wall Street Acquisitions
Corp., a Delaware (the “Company”), for a purchase price of $7.00 Simultaneous with the execution and delivery of this
confirmation to the Company, the undersigned is either delivering a check made payable to “Wall Street Acquisitions Corp.”
or sending a wire transfer payment to the Company’s account.


 


The undersigned acknowledges
that he has received a copy of the prospectus of the Company, filed with the Securities and Exchange Commission (“Prospectus”)
with respect to the offer and sale of the shares of stock being purchased.


 


The undersigned further acknowledges
that although the shares of common stock being purchased from the Company are registered securities under the U.S. Securities Act
of 1933, as amended, there may be restrictions on the resale of the shares imposed by the particular state law where the undersigned
resides or in a jurisdiction outside of the United States. Accordingly, the undersigned will not offer to sell or sell the Shares
in any jurisdiction unless the undersigned obtains all required consents, if any.


 


The undersigned understands
that an investment in the shares is a speculative investment, which involves a high degree of risk and the potential loss of his
entire investment. The undersigned is further aware that no federal or state agency has (i) made any finding or determination as
to the fairness of this investment, (ii) made any recommendation or endorsement of the shares or the Company, or (iii) guaranteed
or insured any investment in the Shares or any investment made by the Company. The undersigned understands that the price of the
stock purchased hereby bears no relation to the assets, book value or net worth of the Company and was determined arbitrarily by
the Company. The undersigned agrees and acknowledges that it has read all the information contained in the Prospectus, including
without limitation, the Risk Factors contained therein.


 


Date: _______________ Amount
of Investment: $___________


 


Number of Shares: __________


 


	1.	Print
Full Name of Investor:	 
	 	 	 
	2.	Permanent
Address of Investor:	 
	 	 	 
	 	 	 
	 	 	 
	3.	Authorized
Signatory:	 



 


If Investor is an entity,
provide copy of Articles of Incorporation, Certificate of Formation or other evidence of existence, as well as a copy of board
resolution or other evidence of authorization to purchase the shares of the Company.


 


Authorized signature of the
President of Wall Street Acquisitions Corp.


 


______________________________________
#### Jeremy S. Gnade, Respondent, v Sunburst Optics, Inc., Appellant.

(Appeal No. 2.)

[948 NYS2d 841]

Motion for reargument denied. Present — Smith, J.P., Fahey, Peradotto and Lindley, JJ.
|    |                                                                                                    |
|----|----------------------------------------------------------------------------------------------------|
| 1. | I have reviewed this annual report on Form 10-K/A (Amendment No. 1) of Par Pacific Holdings, 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; |

|     |                          |
|-----|--------------------------|
| /s/ | CHRISTOPHER MICKLAS  |