alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________ No. 95-50282 Conference Calendar

__________________

DAMON HENRY DOWNS, Petitioner - Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. W-95-CV-114

- - - - - - - - - - June 27, 1995
Before JONES, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM: * In a proceeding in the district court, Damon Henry Downs sent a graphic threat of death by bombing to the district judge. He directed it and prior threats to that judge in particular and to the judiciary generally. Downs's numerous convictions for arson lead us to take the threat seriously. Accordingly, with only slight exception, we close the courthouse doors in this circuit to Downs's abusive pleadings, letters, and other communications. Downs may file no initial pleading in this court or in anyNo. 95-50282 -2-
court subject to the jurisdiction of this court, except with the advance written permission of a judge of the forum court. Before filing any appeal or other action in this court, Downs shall submit to the clerk of this court a request for permission to file, together with the document that he proposes to file, which the clerk shall direct to an active judge of this court. In requesting the required permission in this court or in any court in this circuit, Downs shall inform the court of the bar stated herein. The court in the Western District of Texas imposed on Downs sanctions that are more onerous than the sanction that we impose here. As Downs does not challenge the district court's sanctions, they are not before us for review. See, e.g. , Yohey v. Collins , 985 F.2d 222, 224-25 (5th Cir. 1993). As an exception to the circuit-wide bar described above, the sanction that we impose today shall become effective in the Western District of Texas only if and when the more onerous sanctions already in force there are withdrawn. In requesting leave to proceed on appeal in forma pauperis (IFP), Downs challenges the district court's refusal of leave for him to file a civil rights suit attacking a change in the way that Texas prisoners accrue good time. An amendment to a state's parole eligibility procedure is not an ex post facto law. California Dep't of Corrections v. Morales , 115 S. Ct. 1597, 1599 (1995). Such a change is not subject to a civil rights challenge because it affects only a hope of release. Gilbertson v. Texas Bd. of Pardons and Paroles , 993 F.2d 74, 75 (5th Cir. 1993). TheNo. 95-50282 -3-
appeal is frivolous. It is dismissed as such. See 5th Cir. R. 42.2. IFP DENIED, APPEAL DISMISSED, SANCTION IMPOSED. The clerk is directed to distribute this opinion to all clerks of court in this circuit.
Archaeological Studi

Monitoring at archaeological 

• On-going effort by NPS under Reclam

progam

• On-going activities to encompass asses

affects on archaeological sites

• Currently funded under Reclamation

AMP/PA program
Archaeological Studi

Monitoring of Sediment Deposition 

• Monitor deposition of BHBF sedimen

mouths for potential reduction of gull

• Application to archaeological sites and • Utilize FIST reaches for monitoring a

duration of sediment deposition

• Locations studied during experiment 

determine retention of arroyo deposit

• Funded under experimental flows pro
Archaeological Studi

Monitoring of Aeolian Sediment Tr

Archaeological Sites

• Assess, quantify, and monitor aeolian 

derived from BHFB deposits at archalocations

• Study transport characteristics of sed

including condition and rates of changto determine ability to slow erosion at 

• Funded by Reclamation for experimen

project
Tribal Resource Stud

Monitoring of Traditional Tribal R

• On-going effort by Tribes under Recla

PA program

• On-going activities to encompass asses

affects on archaeological sites

• Base funding under Reclamation’s AM

program with supplemental funding f

Project
Economic Studies 

Economic impacts to whitewater a

concessionaires and private b

• Investigation of possible economic imp

recreationalists due to experimental fl

• Study of impacts of each phase of flow • Data to be compared with impact stud

during LSSF in 2000.

• Funded under experimental flows pro
Economic Studies 

Economic impacts to Power C

• Investigation of economic impac

marketers and customers

• Project methods comparable to L• Project funded and implemented 

Area Power
Recreational Use Stud

Changes in camping beach ar

• Using aerial data collected during pre

experiment, investigate sediment depocamping beaches during each stage of 

• Study changes in camping beaches in 

reaches

• Study retention of sediment at campin• Funded under experimental flows pro
Recreational Use Stud

Recreational Safety Study

• Determine the risks and potential imp

whitewater boaters and anglers durinexperimental project

• Study impacts due to rapid changes in 

ramping rates on and in the river and beaches

• Funded under experimental flows pro
EXHIBIT 31.1

          CERTIFICATION PURSUANT TO RULE 13a-14(a) OF THE EXCHANGE ACT

I, Anthony Q. Joffe, the Chief Executive Officer of Colmena Corp., certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Colmena Corp.;

2. Based on my knowledge, this quarterly 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 quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly 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 quarterly report;

4. The registrant's other certifying officers 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)) for the registrant and have:

a) designed such disclosure controls and procedures to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this quarterly report is being prepared; b) evaluated the
effectiveness of the registrant'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 c) disclosed in this report any change in
the registrant's internal control over financial reporting that occurred during
the registrant's most recent fiscal quarter that has materially affected, or is
reasonably likely to materially affect the registrant's internal control over
financial reporting;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

a) all significant deficiencies in the design or operation of internal controls
which reasonably likely to adversely affect the registrant'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 registrant's internal control over financial reporting.

Date: August 14, 2003
                                      /s/ Anthony Q. Joffe
                                      --------------------------------------
                                      Anthony Q. Joffe, Chief Executive Officer


<PAGE>
<PAGE>   1
                                                                    EXHIBIT 23.1

CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the following Registration
Statements of National Processing, Inc. of our report dated January 20, 2000,
with respect to the consolidated financial statements of National Processing,
Inc. included in its Annual Report (Form 10-K) for the year ended December 31,
1999.

<TABLE>
<CAPTION>

Registration Statement              Description                        Shares Registered
--------------------------------------------------------------------------------------------------
<S>                               <C>                                      <C>
Form S-8 (33-53345)               National Processing Company, Inc.           200,000
                                  Nonemployee Directors Stock
                                  Option Plan

Form S-8 (33-53347)               National Processing Company, Inc.         4,000,000
                                  1996 Stock Option Plan

</TABLE>

                                  /s/ ERNST & YOUNG LLP



Cleveland, Ohio
March 20, 2000
#### In the Matter of Christopher A. Nicholson, Appellant, v Donna M. Nicholson, Respondent.

[945 NYS2d 587]

Appeal from an order of the Supreme Court, Monroe County (Alex R. Renzi, J.), entered June 17, 2010. The order denied the petition for visitation.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present — Scudder, P.J., Centra, Peradotto, Carni and Lindley, JJ.
Smartmatic USA Corp. v Fox Corp.

2024 NY Slip Op 30281(U)

January 23, 2024

Supreme Court, New York County

Docket Number: Index No. 151136/2021

Judge: David B. Cohen

Cases posted with a "30000" identifier, i.e., 2013 NY Slip

Op 30001(U), are republished from various New York

State and local government sources, including the New

York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official

publication.
[* 1]
[* 2]
[* 3]
[* 4]
[* 5]
[* 6]
[* 7]
Exhibit 32.1

Written Statement of the Chief Executive Officer Pursuant to 18 U.S.C. Section 1350

Pursuant
to 18 U.S.C. Section 1350, the undersigned officer of Traffix, Inc. ("Registrant"), hereby certifies that the Registrant's Quarterly Report on
Form 10-Q for the six months ended May 31, 2004 (the "Report") fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 Registrant.

| | /s/JEFFREY L. SCHWARTZJEFFREY L. SCHWARTZ
Chairman and Chief Executive Officer
| | ------------------------------------------------------------------------------

---



QuickLinks
#### Illumalights Manufacturing, Inc., Respondent, v Neo-Ray Products, Incorporated, Appellant, et al., Defendant.

The plaintiff seeks to recover damages for goods sold and delivered. After issue was joined, it moved for partial summary judgment on its 23rd cause of action seeking to recover for 107 separate sales to the defendant Neo-Ray Products, Incorporated (hereinafter Neo-Ray). In support of its claim, the plaintiff submitted delivery and trucking receipts for goods delivered which listed Neo-Ray’s purchase order numbers. In addition, as to deliveries for which Neo-Ray claimed payment, the plaintiff submitted its payment ledger. In opposition to the motion Neo-Ray submitted an affidavit of its president, Leon Cohen. Cohen stated in the affidavit that the ledger submitted by the plaintiff appeared to have been changed and the invoices submitted appeared to have had notations of payment obliterated. There was no evidentiary showing of payment by Neo-Ray by means of canceled checks, payment records, or any other form. In opposing a motion for summary judgment a party must lay bare its proof to demonstrate the existence of a genuine material issue of fact *(Hartford Acc. & Indem. Co. v Coastal Dry Dock & Repair Corp.,*97 AD2d 724, *affd*62 NY2d 924).

*645Neo-Ray also argued that it was unable to refute the plaintiffs claims because its purchase orders were in the plaintiffs possession. In Neo-Ray’s second amended answer it raised the affirmative defense of payment as to 93 items and of nondelivery as to 14 items. This claim of payment demonstrated that Neo-Ray had available records with respect to the transactions. To support its claim of delivery of the 14 items, the plaintiff submitted the trucking and delivery slips it had. These listed Neo-Ray’s purchase order numbers. Neo-Ray did not state what efforts it had made to discover the facts it needed to give rise to a triable issue, or why it was unable to determine delivery notwithstanding the fact that the plaintiff had furnished Neo-Ray with its purchase order numbers. Under these facts, Neo-Ray has failed to demonstrate ignorance of the critical facts it claims it needed to oppose the motion for partial summary judgment *(Kenworthy v Town of Oyster Bay,*116 AD2d 628). Mollen, P. J., Mangano, Weinstein and Niehoff, JJ., concur.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

JOHN SLAUGHTER, No. 3:14-cv-01811-YY

Plaintiff,

v. 

 

OFFICER NATE WILL, OFFICER ORDER

WILLIAM COTE, OFFICER HEATHER

WAKEM, city police department employees,

CITY OF TIGARD, by and through the City

of Tigard Police Department, a political

subdivision of the State of Oregon, 

 Defendant.

HERNANDEZ, District Judge:

Magistrate Judge You issued a Findings and Recommendation (#22) on June 15, 2016, in

which she recommends that this Court grant Defendant's motion for partial summary judgment. 

The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil

Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and Recommendation were

timely filed, I am relieved of my obligation to review the record de novo. United States v.

1 - ORDER

Case 3:14-cv-01811-HZ Document 27 Filed 07/27/16 Page 1 of 2
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt,

840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate

Judge's report to which objections have been made). Having reviewed the legal principles de

novo, I find no error. 

CONCLUSION 

The Court ADOPTS Magistrate Judge You's Findings & Recommendation [22].

Accordingly, Defendant's motion for partial summary judgment [15] is granted and Plaintiff's

elder abuse claim is dismissed with prejudice. 

IT IS SO ORDERED.

DATED this day of , 2016.

 

MARCO A. HERNANDEZ

United States District Judge

2 - ORDER

Case 3:14-cv-01811-HZ Document 27 Filed 07/27/16 Page 2 of 2
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 09-7763

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

STACY TREMAINE JOHNSON,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Wilmington. James C. Fox, Senior

District Judge. (7:00-cr-00114-F-1)

Submitted: March 15, 2011 Decided: March 17, 2011

Before MOTZ and WYNN, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Stacy Tremaine Johnson, Appellant Pro Se. Jennifer P. MayParker, Rudolf A. Renfer, Jr., Assistant United States 

Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Stacy Tremaine Johnson appeals the district court’s 

order granting relief on his 18 U.S.C. § 3582(c) (2006) motion. 

We have reviewed the record and find no reversible error. 

Accordingly, we affirm. United States v. Johnson, No. 7:00-cr00114-F-1 (E.D.N.C. Sept. 18, 2009). 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.

AFFIRMED
U.S. Department of the Interior

U.S. Geological Survey

GCMRC MonitorResearch Plan tsupport the GCD 

Glen Canyon Dam Adaptive ManagTechnical Work Group MeetingApril 8, 2008
Overview

Purpose/Scope: specifies the scopobjectives of a research and moniprogram to address priority goals information needs of the GCDAMP next 5 years. 

 Consistent with and implements the A

Plan Strategic and GCMRC Strategic 

 Collaborative science planning proce Focus on AMWG priorities and relate

science questions

 Basis for the annual/biennial work pla Placeholder for the long-term experim
Background

 August 2007: The AMWG recom

approval of the MRP to the SecrInterior with the understanding be revised to reflect the results Term Experimental Plan EnvironImpact Statement once it is fina

 Recommendation accepted by t

Department of the Interior.

 MRP finalized in March 2008 (Ha
Status

 Recent EA and Biological Opinion set d

next 5 years

 LTEP on hold; future uncertain MRP is essential to effective work plan

budgeting

 MRP needs be revised/updated to refle

priorities and direction

 High flow test Fall steady flows Translocation Near shore ecology study
Recommendation

 AMWG directs TWG to work with 

update the MRP to reflect new prodirection and provide recommendfor review/approval at the fall/winAMWG meeting
Questions/Discussi
# L_2009338EN.01009201.xml

| 19.12.2009 | EN | Official Journal of the European Union | L 338/92 |
| --- | --- | --- | --- |

19.12.2009

EN

Official Journal of the European Union

L 338/92

---

POLITICAL AND SECURITY COMMITTEE DECISION EUJUST LEX/2/2009

of 15 December 2009

concerning the appointment of the Head of Mission for the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX

(2009/982/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,

Having regard to Council Joint Action 2009/475/CFSP of 11 June 2009 on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX, and in particular Article 9(2) thereof,

Whereas:

| (1) | On 11 June 2009, the Council adopted Joint Action 2009/475/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX. That Joint Action expires on 30 June 2010. |
| --- | --- |

(1)

On 11 June 2009, the Council adopted Joint Action 2009/475/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX. That Joint Action expires on 30 June 2010.

| (2) | Article 9(2) of Joint Action 2009/475/CFSP authorises the Political and Security Committee to take decisions regarding the appointment of the Head of Mission. |
| --- | --- |

(2)

Article 9(2) of Joint Action 2009/475/CFSP authorises the Political and Security Committee to take decisions regarding the appointment of the Head of Mission.

| (3) | The High Representative of the Union for Foreign Affairs and Security Policy has proposed that Mr Francisco DÍAZ ALCANTUD be appointed as Head of Mission of EUJUST LEX until 30 June 2010. |
| --- | --- |

(3)

The High Representative of the Union for Foreign Affairs and Security Policy has proposed that Mr Francisco DÍAZ ALCANTUD be appointed as Head of Mission of EUJUST LEX until 30 June 2010.

HAS ADOPTED THIS DECISION:

Article 1

Mr Francisco DÍAZ ALCANTUD is hereby appointed as Head of Mission of the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX, for the period from 1 January 2010 until 30 June 2010.

Article 2

This Decision shall be notified to Mr Francisco DÍAZ ALCANTUD.

It shall take effect on the day of its notification.

Done at Brussels, 15 December 2009.

For the Political and Security Committee

The President

O. SKOOG

---
**EXHIBIT
      32.2**


**WRITTEN
      STATEMENT OF THE CHIEF FINANCIAL OFFICER**





Pursuant
      to 18 U.S.C. § 1350





Solely
      for the purpose of complying with 18 U.S.C. § 1350, as adopted pursuant to
      Section 906 of the Sarbanes-Oxley Act of 2002, I, the undersigned Senior
      Vice President - Finance and Chief Financial Officer of Nicholas Financial,
      Inc.
      (the “Company”), hereby certify, based on my knowledge, that the Quarterly
      Report on Form 10-Q of the Company for the three months ended December 31,
      2005
      (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.








/s/Ralph
      T Finkenbrink


Ralph
      T.
      Finkenbrink


Senior
      Vice President - Finance


and
      Chief
      Financial Officer





Dated:
      February 14, 2006
(17 Misc. Rep. 621)

#### MALKMESIUS v. PAULY et al.

(Supreme Court, Appellate Term, First Department.

July 29, 1896.)

Fraudulent Conveyances—Fraud op Assignor’s Agent.

An assignment for benefit of creditors, executed at the suggestion of the assignor’s agent, who had exclusive control and management of the business, will be set aside if the agent thereby intended to defraud the assignor’s creditors, though the assignor was personally ignorant of his intention.

Motion for reargument. For decision on appeal, see 39 N. Y. Supp. 1095.

DALY, P. J.

A case in the appellate division, reported since the argument of this appeal, is relied upon in support of this motion. The decision in question (Bank v. Wallace, 4 App. Div. 382, 38 N. Y. Supp. 851) holds that a general assignment for the benefit of creditors, made by a co-partnership, is not vitiated by the fraud of one partner in diverting (without the knowledge ox the. others) funds of the firm to the payment of his own debts, nor by his design, equally unknown to his co-partners, to secrete its assets to his own use. His betrayal of his trust does not impeach the good faith of the firm, who were in fact defrauded by him, and who, when his fraud was discovered, made the assignment in order to protect their creditors. But what would ,have been the decision of the court if the fraud of the co-partner, instead of being directed against his fellow members in the firm, had been in their interest,—if the fraud consisted in concocting a false schedule of liabilities and making an assignment in order to thus defrhud their creditors ? Upon such a state of facts the innocent members of the concern would not be permitted to reap the benefit of their co-partner’s fraud; and if it appeared that he had been able to effect it by their surrender of the whole control of the business to him, and that they made the assignment and schedules as he dictated, the court would not have assisted the attempted fraud by holding the assignment to be valid. The assignors in this case stand in that predicament, and the fraud in this case was perpetrated by their managing agent for their benefit, or at least for the benefit of the owners of the assigned assets; the assignors being nominally such owners, while the agent had the exclusive control and management of the business, if not the exclusive interest in it. He was the husband of one of the assignors. He had failed in business, and was carrying on a concern nominally for his wife and another party, who knew nothing of its circumstances, and left it entirely to him. They executed the assignment at his suggestion. It was an attempt to defraud the creditors of the business, and cannot be sustained on the ground that they were personally ignorant of the intention of the agent. So far as the validity of the instrument is concerned, his intention is to be deemed their intention, as their acts simply effectuated his fraudulent purposes.

The motion should be denied.