alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22

- 1044

CATHERINE ALEXANDER , Plaintiff

- Appellant ,

v.
FEDEX GROUND PACKAGE SYSTEM , Defendant

- Appellee

.

Appeal from the United States District Court for the District of Maryland , at Greenbelt

. George Jarrod Hazel , District Judge. ( 8:20

- cv - 00617

- GJH )

Submitted : April 14, 2022 Decided: April 19, 2022

Before DIAZ and RUSHING , Circuit Judges , and KEENAN, Senior Circuit Judge.

Dismissed by un published per curiam opinion

.

Catherine Alexander , Appellant Pro Se. Renee Lynn Bowen , FRANKLIN & PROKOPIK , Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this cir cuit. USCA4 Appeal: 22-1044 Doc: 14 Filed: 04/19/2022 Pg: 1 of 22 PER CURIAM:

Catherine Alexander seeks to appeal the district court’s order dismissing her civil complaint as barred by the statute of limitations. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

In civil cases, pa rties have 30 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. 2 0 5, 2 1 4 ( 2007 ).

The district court entered its order on November 30, 2021

. Alexander filed the notice of appeal on January 11, 2022 . Because Alexander 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 th is court and argument would not aid the decisional process.

DISMISSED USCA4 Appeal: 22-1044 Doc: 14 Filed: 04/19/2022 Pg: 2 of 2
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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

BRANDON T. BEYERLIN,

Plaintiff,

vs.

COMMISSIONER,

Social Security Administration,

Defendant.

Case No. 6:15-cv-01434-SI

ORDER GRANTING PLAINTIFF’S 

UNOPPOSED SUPPLEMENTAL 

MOTION FOR ATTORNEY FEES 

PURSUANT TO 42 U.S.C. § 406(b)

Plaintiff Brandon T. Beyerlin brought this action seeking review of the Commissioner’s 

final decision denying his application for disability benefits under the Social Security Act. 

Pursuant to a Mandate remanding the case for further administrative proceedings issued by the 

U.S. Court of Appeals for the Ninth Circuit, the Commissioner issued a Notice finding Plaintiff 

entitled to benefits beginning July 2014. Based on this Notice, the Court previously awarded

Plaintiff’s counsel $15,190.94 in attorney fees pursuant to 42 U.S.C. § 406(b), representing a 

gross fee award of 25% of Plaintiff’s retroactive benefits in the amount of $25,921.60, less the

$10,730.66 EAJA fees previously received by Plaintiff’s counsel. 

In May 2022, the Commissioner issued a subsequent Notice finding that Plaintiff became 

entitled to benefits beginning January 2013. Based on this Notice, Plaintiff now seeks a

Case 6:15-cv-01434-SI Document 37 Filed 07/05/22 Page 1 of 2
ORDER GRANTING ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b) 

6:15-cv-01434-SI 

Page 2 of 2 

supplemental award of fees pursuant to 42 U.S.C. § 406(b). Defendant has not objected to the 

request. The Court has reviewed the record in this case, the motion, and the supporting 

materials, including the award of benefits, the fee agreement with counsel, and the recitation of 

counsel’s hours and services. Applying the standards set by Gisbrecht v. Barnhart, 535 U.S. 

789, 796 (2002), the Court finds that the requested fees are reasonable. 

Plaintiff’s Supplemental Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is 

hereby GRANTED, and Plaintiff’s counsel is awarded $6,563.00 in attorney fees from Plaintiff’s 

past-due benefits under 42 U.S.C. § 406(b). When issuing the § 406(b) check for payment to 

Plaintiff’s attorney, the Commissioner is directed to send the full award of $6,563.00, less any 

applicable processing or user fees prescribed by statute, to Plaintiff’s attorneys at WELLS, 

MANNING, EITENMILLER & TAYLOR, P.C.,1 474 Willamette Street, Eugene, Oregon 97401 

or the address on file with the Commissioner. Any amount withheld after all administrative and 

court attorney fees are paid should be released to the claimant. 

IT IS SO ORDERED this ____ day of __________________ 2022. 

___________________________________ 

MICHAEL H. SIMON 

United States District Judge 

Proposed Order submitted by: 

Mark A. Manning 

WELLS, MANNING, EITENMILLER & TAYLOR, P.C. 

474 Willamette Street 

Eugene, OR 97401 

(541) 686-1969

mmannning@wmetattorneys.com

Of Attorneys for Plaintiff

1 Formerly known as HARDER, WELLS, BARON & MANNING, P.C. 

5th July

Case 6:15-cv-01434-SI Document 37 Filed 07/05/22 Page 2 of 2
#### Mahaney v. Union Inv. Co.

No. 2202,

Okla. T.

Opinion Filed May 12, 1909.

(101 Pac. 1054.)

APPEAL AND ERROR — Dismissal—Defects in Brief. Where the brief of plaintiff in'error fails to state the specifications of errors complained of, separately set forth and numbered, as provided by rule 25 of this court, the appeal may be dismissed.

(Syllabus by the Court.)

*Error from District Court, Comanche County; F. E. Gillette, Judge.*

Action by the Union Investment Company against T. P. Mahaney. Judgment for plaintiff. Defendant brings error.

Dismissed.

*534
      *J. A. Fain*and *B. J. Bay,*for plaintiff in error.

*B. M. Parmenter,*for defendant in error.

PER CuRIAM.

This is an action of replevin, originally brought by Union Investment Company, a corporation, defendant in error, plaintiff below, against T. P. Mahaney, plaintiff in error, defendant below, before a justice of the peace in Comanche county, to recover “one three year old brown horse mule, weight 900 pounds, valued at $80/’ in which plaintiff claims a special ownership and right of possession by virtue of a chattel mortgage executed September 9, 1904, by D. B. Denton to secure a loan of $107. There was judgment for defendant, from which plaintiff appealed; and on trial anew to a jury in the district court there was judgment for plaintiff to reverse which, after motion for a new trial filed, overruled, and excepted to, defendant brings error to this court.,

One of the principal questions raised in the trial court was whether the description in the mortgage was sufficient to charge the defendant, who claimed to be an innocent purchaser for value and without notice, with constructive notice. Upon this and all other issues the jury found against defendant, which after reviewing the testimony and the instructions of the court, which are not assigned as error, we believe was right. In short, this is an appeal where, for the reason that plaintiff in error has wholly failed to comply with that part of rule 25 of this court, which provides that “the brief shall contain the specifications of error complained of, separately set forth and numbered,” we feel constrained to dismiss; and the same is so ordered.

All the Justices concur.
### MANDATE



## Court of Appeals

**First District of Texas**

NO. 01

- 14

- 00505

- CR

DANIEL DESANTIAGO

- CARAZA , Appellant

V.

THE STATE OF TEXAS , Appellee

Appeal from the 240th District Court of Fort Bend County. (Tr. Ct. No. 12

- DCR

059402).

TO THE 240TH DISTRIC T COURT OF FORT BEND COUNTY, GREETINGS :

Before this Court, on the 7th day of July 2015, the case upon appeal to revise or to

reverse your judgment was determined. This Court made its order in these words:

This case is an appeal from the final judgment signed by the trial court on May 30, 2015. After submitting the case on the appellate record and the arguments properly raised by the parties, the Court holds that the trial court’s jud gment contains no reversible error. Accordingly, the Court affirms the trial court’s judgment.

The Court orders that this decision be certified below

for observance.

Judgment rendered July 7, 2015.Panel consists of Chief Justice Radack and Justices Higl ey and Massengale. Opinion delivered by Chief Justice Radack.

WHEREFORE, WE COMMAND YOU to observe the order of our said Court

in this behalf and in all things to have it duly recognized, obeyed, and executed.

September 18, 2015

Date CHRISTOPHER A. PRINE

CLERK OF THE COURT
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# EUR-Lex - 52006AP0230 - EN

Important legal notice

*|*

# 52006AP0230

**European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing a Competitiveness and Innovation Framework Programme (2007-2013) (COM(2005)0121 - C6-0098/2005 - 2005/0050(COD)) **

*
Official Journal 298 E , 08/12/2006 P. 0138 - 0171 *

P6_TA(2006)0230

Competitiveness and Innovation Framework Programme (2007-2013) ***I

European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing a Competitiveness and Innovation Framework Programme (2007-2013) (COM(2005)0121 — C6-0098/2005 — 2005/0050(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the European Parliament and the Council (COM(2005) 0121) [1],

- having regard to Article 251(2) and Articles 156, 157(3) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0098/2005),

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on the Internal Market and Consumer Protection, the Committee on the Environment, Public Health and Food Safety, the Committee on Employment and Social Affairs, the Committee on Economic and Monetary Affairs and the Committee on Budgets (A6-0180/2006),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3. Instructs its President to forward its position to the Council and Commission.

[1] Not yet published in the Official Journal.

--------------------------------------------------
Order entered January 8, 2013

In The 

## Court of Appeals **Fifth District of Texas at Dallas** No. 05 - 12 - 015 68 - CR No. 05 - 12 - 015 69 - CR No. 05 - 12 - 01570 - CR No. 05 - 12 - 0157 1 - CR CHRISTOPHER JOEL GRA HAM, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from t he 296th Judicial District Court Collin County, Texas Trial Court Cause No s . 296 - 80003 - 2012, 296 - 80004 - 2012, 296 - 80005 - 2012 , 296 - 80006 - 2012 

### O RDER We GRANT Official Court Reporter Janet L. Dugger’s January 2, 2013 request for an extension of time to file the reporter’s record. The reporter’s record shall be due SIXTY DAYS from the date of this order.

/s/ LANA MYERS JUSTICE