alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

MISC. NO. 3-02

IN RE: COMMITTEE ON ADMISSION AND PRACTICE

Before KRAMER, Chief Judge, and FARLEY, HOLDAWAY,

IVERS, STEINBERG, and GREENE, Judges.

O R D E R

It is ORDERED that Melanie G. Dorsey, Esq., is reappointed as a member of the Committee

for a term ending November 19, 2005.

DATED: November 19, 2002 BY THE COURT:

KENNETH B. KRAMER

Chief Judge
EXHIBIT 32.1
                           SECTION 1350 CERTIFICATION

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

         In connection with the quarterly report of Enviro Voraxial Technology,
Inc. (the "Company") on Form 10-QSB for the period ended September 30, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Alberto DiBella, Chief Executive Officer of the Company, certify,
pursuant to 13 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

         1. 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.


Date: November 11, 2004


/s/ Alberto DiBella
-----------------------
Alberto DiBella
Chief Executive Officer
#### MARSHALL v. BACKUS, Immigration Com’r.

(Circuit Court of Appeals, Ninth Circuit.

February 7, 1916.)

No. 2486.

Appeal from the District Court of the United States for the First Division of the Northern District of California ; Maurice T. Dooling, Judge.

Henry F. Marshall, and Albert Michelson, both of San Francisco, Cal., for appellant.

John W. Preston, U. S. Atty., and Walter E. Hettman, Asst. U. S. Atty., both of San Francisco, Gal., for appellee.

Before GILBERT and ROSS, Circuit Judges, and WOLVERTON, District Judge.

PER CURIAM.

On the authority of Healy v. Backus, 221 Fed. 358, 137 C. C. A. 166, and Choy Gum v. Backus, 228 Fed. 487, 139 C. C. A. 35, the judgment (213 Fed. 123) is affirmed.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PETAR DONCHEV BAKALOV,

 Petitioner,

 v.

LORETTA E. LYNCH, Attorney General,

 Respondent.

No. 14-71856

Agency No. A096-355-758

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted June 14, 2016**

Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.

Petar Donchev Bakalov, a native and citizen of Bulgaria, petitions for review 

of the Board of Immigration Appeals’ (“BIA”) order denying his fourth motion to 

reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We

review for abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JUN 24 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 2 14-71856 

v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.

The BIA did not abuse its discretion in denying Bakalov’s fourth motion to 

reopen where it was filed nine years after his order of removal became final, see 8 

C.F.R. § 1003.2(c)(2), and Bakalov failed to establish he qualified for an exception 

to the time and number limitations for filing a motion to reopen, see 8 C.F.R. 

§1003.2(c)(3)(ii); Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008). We 

reject Bakalov’s contention that the BIA did not consider and assess the relevant 

evidence. See Najmabadi, 597 F.3d at 990 (BIA adequately considered the 

evidence and sufficiently announced its decision).

We deny Bakalov’s request for fees and decline to consider Bakalov’s due 

process claim. See Bazuaye v. INS, 79 F.3d 118, 120 (9th Cir. 1996) (“Issues 

raised for the first time in the reply brief are waived.”).

PETITION FOR REVIEW DENIED.
##### 



Exhibit 32.2 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 of DiCon Fiberoptics, Inc. (the Company)
on Form 10-KSB for the period ending March 31, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I,
Jannett Wang, Vice President of Administration of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes  Oxley Act of 2002, that:  (1)
    
    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/ Jannett WangJannett WangVice President of Administration(chief financial officer)June 28, 2004
 This certification is made solely for purpose of 18 U.S.C. Section 1350,
subject to the knowledge standard contained therein, and not for any other
purpose.
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

NO. 97-786

PATRICK F. D'AMICO, APPELLANT,

V.

ANTHONY J. PRINCIPI,

SECRETARY OF VETERANS AFFAIRS, APPELLEE.

Before HOLDAWAY, IVERS, and GREENE, Judges.

O R D E R

In an opinion dated March 23, 1999, the Court affirmed the February 27, 1997, decision of

the Board of Veterans' Appeals (BVA) that concluded that the appellant had failed to submit new

and material evidence to reopen a previously disallowed claim for VA benefits. D'Amico v. West,

12 Vet.App. 264 (1999). The appellant subsequently perfected an appeal to the United States Court

of Appeals for the Federal Circuit (Federal Circuit). On April 7, 2000, the Federal Circuit remanded

this appeal in order for the Court to address certain questions regarding the application of the "new

and material" standard of 38 U.S.C. § 5108 and the duty to assist. D'Amico v. West, 209 F.3d 1322

(Fed. Cir. 2000). On April 16, 2001, the Court vacated the BVA decision and remanded the matter

in light of the enactment of the Veterans Claims Assistance Act of 2000 (VCAA), Pub. L. No. 106-

475, 114 Stat. 2096 (Nov. 9, 2000). D'Amico v. Principi, 14 Vet.App. 321 (2001). The appellant,

through counsel, subsequently filed an application for attorney fees and expenses under the Equal

Access to Justice Act (EAJA), 28 U.S.C. §2412(d)(1)(B).

 

In this case, the appellant's claim was remanded solely in light of the VCAA's enactment.

Because the remand thus was not predicated upon administrative error, the appellant is not a

prevailing party under the merits theory. See Vaughn v. Principi, 15 Vet.App. 277, 279 (2001) (per

curiam order), appeal docketed, No. 02-7019 (Fed. Cir. Nov. 29, 2001); Sumner v. Principi,

15 Vet.App. 256, 264-65 (2001) (en banc), appeal docketed, No. 02-7082 (Fed. Cir. Dec. 27, 2001).

Moreover, the catalyst and inevitable-victory tests are not viable means to attain prevailing-party

status. See Vaughn, supra; Thayer v. Principi, 15 Vet.App. 204, 211 (2001), appeal docketed, No.

02-7012 (Fed. Cir. Nov. 29, 2001). Accordingly, the appellant cannot be considered a prevailing

party for EAJA purposes. 

Upon consideration of the foregoing, it is 

ORDERED the appellant's EAJA application is DENIED.

DATED: July 9, 2002 PER CURIAM.
Exhibit 32.1

CERTIFICATIONS

PURSUANT TO SECTION 906

OF

THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C SECTION 1350)

The undersigned, as the Chief Executive Officer of Logility, Inc., certifies that, to the best of his knowledge and belief, the Quarterly Report on Form 10-Q for the
fiscal quarter ended July 31, 2006 (the Report), which accompanies this certification, fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and the information contained in the Report
fairly presents, in all material respects, the financial condition and results of operations of Logility, Inc. at the dates and for the periods indicated. The foregoing certification is made pursuant to Section 906 of the Sarbanes-Oxley Act of
2002 (18 U.S.C. Section 1350) and shall not be relied upon for any other purpose.



|                                 |  |                                             
|-------------------------------- |  | --------------------------------------------
|This 11th day of September, 2006 |  | /s/ J. Michael Edenfield                    
|                                 |  | J. Michael Edenfield Chief Executive
Officer

The undersigned, as the Chief Financial Officer of Logility, Inc., certifies that, to the best of his knowledge
and belief, the Quarterly Report on Form 10-Q for the fiscal quarter ended July 31, 2006 (the Report), which accompanies this certification, fully complies with the requirements of Section 13(a) of the Securities Exchange Act
of 1934 and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Logility, Inc. at the dates and for the periods indicated. The foregoing certification is made
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350) and shall not be relied upon for any other purpose.



|                                 |  |                                           
|-------------------------------- |  | ------------------------------------------
|This 11th day of September, 2006 |  | /s/ Vincent C. Klinges                    
|                                 |  | Vincent C. Klinges Chief Financial
Officer

A signed original of this written statement required by Section 906, or other document authenticating,
acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Logility, Inc. and will be retained by Logility, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.

The information in this Exhibit 32.1 shall not be deemed filed
for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, except as shall be expressly set forth by specific reference in such
filing.
EXHIBIT 99.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

                      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 of Huile' Oil & Gas, Inc. (the "Company")
on Form 10-KSB for the year ended December 31, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Richard O. Hassan,
as President of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)  The Report fully complies with the requirements of Section 13(a) 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.


Date: March 24, 2003                          /s/ RICHARD O. HASSAN
                                              ______________________
                                                  Richard O. Hassan, Jr.
                                                  President
# Fourth Court of Appeals

San Antonio, Tex as

April 29, 2020

No. 04

- 18

- 00498

- CV

MWM HELOTES RANCH, LTD . and Myfe Moore

,

Appellants

v.

John H. WHITE Jr., Individually; John H. White III, Individually; John H. White Jr., John H. White III, and Molly C. White, in their capacities as Co

- Trustees o f the 1983 John H. White Long

- Term Trust F/B/O John H. White Jr., and of the 1976B Partnership Trust; TCW Helotes Ranch Ltd; and Tuleta White, Appellees

From the 73rd Judicial District Court, Bexar County, Texas

Trial Court No. 2018CI11563

Honorable David A. Canales, Judge Presiding



### O R D E R

The Appellants Motion for Withdrawal of Counsel Ian M. McLin for Defendants MWM Helotes Ranch, Ltd., and Myfe Moore is her eby GRANTED.

_________________________________ Liz a A. Rodriguez , Justice

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

court on this 29th day of April, 2020

.

___________________________________ MICHAEL A. CRUZ

, Clerk of Court
# Forms

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## Topics

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0 / 2000To protect your privacy, please do not include any personal information in your feedback. Review our Privacy Policy.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6005 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6005

To amend titles XVIII and XIX of the Social Security Act to provide for 
    the temporary treatment of certain electronic health records as 
certified EHR technology for purposes of health information technology 
      payment incentives under the Medicare and Medicaid Programs.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2010

 Mr. Burgess (for himself, Mr. Stearns, and Mrs. Blackburn) introduced 
 the following bill; which was referred to the Committee on Energy and 
  Commerce, and in addition to the Committee on Ways and Means, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
To amend titles XVIII and XIX of the Social Security Act to provide for 
    the temporary treatment of certain electronic health records as 
certified EHR technology for purposes of health information technology 
      payment incentives under the Medicare and Medicaid Programs.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Equality for Early EHR 
Adoption Act of 2010''.

SEC. 2. TEMPORARY TREATMENT OF CERTAIN EHR TECHNOLOGY UNDER THE 
              MEDICARE AND MEDICAID EHR INCENTIVE PAYMENT PROGRAMS.

    (a) Medicare Program.--Section 1848(o)(4) of the Social Security 
Act (42 U.S.C. 1395w-4(o)(4)) is amended by adding at the end the 
following: ``For payment years 2011 and 2012, such term includes an 
electronic health record that is not certified pursuant to such section 
3001(c)(5) and that enables the demonstration of meaningful EHR use for 
an EHR reporting period for the payment year involved.''.
    (b) Medicaid Program.--Section 1903(t)(3)(A) of such Act (42 U.S.C. 
1396b(t)(3)(A)) is amended by adding at the end the following: ``For 
payment years 2011 and 2012, such term includes an electronic health 
record that is not certified pursuant to such section 3001(c)(5) and 
that enables a Medicaid provider to demonstrate meaningful use for 
purposes of this subsection.''.
                                 <all>
```
#### Jacob C. Morris *ads.*Henry Geiger.

Notice must be given, of an application to discharge a defendant on common bail.

The defendant Gieger, had been held to bail for a debt due the plaintiff.

*Morris*on the part of the defendant moved the court to discharge him on common bail, because he had since the commencement of the suit taken the benefit of the insolvent law.

The *Chief Justice*asked, if any notice of the motion had been given to the plaintiff’s attorney.

*395
      *Morris*said that nono had been given, because he supposed none was necessary, and cited the cause of *Ogden*ads. *Hughes.*

The court refused to hear the motion because notice of the application had not been given to the plaintiff’s attorney.
*Pursuant to Local Rule 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 Local Rule 47.5.4.

UNITED STATES COURT OF APPEALS

for the Fifth Circuit

_____________________________________

No. 96-30438

_____________________________________

PATTY N. MERRICK,

Plaintiff-Appellant,

VERSUS

EAST BATON ROUGE PARISH SCHOOL BOARD

AND ROBERT WILLIAMS, 

Defendants-Appellees.

______________________________________________________

Appeal from the United States District Court

for the Middle District of Louisiana

(94-CV-2732)

______________________________________________________

March 10, 1997

Before DAVIS, SMITH, and DUHÉ, Circuit Judges.

PER CURIAM:*

The district court correctly determined that plaintiff's suit

in this case was not timely filed and therefore her claim is time

barred. We agree with the district court that Ms. Merrick failed

to produce summary judgment evidence that supports her continuing

violation argument so as to avoid the 180-day limitation period to

file her charge with the EEOC. 

For reasons stated by the district court, we agree that the

summary judgment evidence does not demonstrate independent

actionable conduct on the part of Williams that occurred during the
2

statutory period (the 180-day period between September 25, 1994 and

March 25, 1995). Moreover, the summary judgment evidence does not

demonstrate that Ms. Merrick did not know and could not reasonably

have been expected to realize that the 1992 sexual harassment was

actionable until September 1994. Plaintiff alleged that Williams

engaged in unwelcome touching of her breasts and thigh and engaged

in other obvious illegal conduct that should have put a reasonable

person in Merrick's position on immediate notice that she was a

victim of sexual harassment. Merrick does not suggest how later

events occurring within the limitations period were needed to alert

her to her rights to assert a claim with respect to the 1992

conduct.

AFFIRMED.
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 Quarterly Report of Market Central, Inc. (the "Company")
on Form 10-QSB for the period ending May 31, 2005 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Doyal G. Bryant
President and Chief Executive Officer, certify, pursuant to 18 U.S.C. ss.1350,
as adopted pursuant to ss.906 of the Sarbanes-Oxley Act, that: (1) 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 result of operations of the Company.


                                           /s/ Doyal G. Bryant
                                           -------------------------------------
                                           Doyal G. Bryant
                                           President and Chief Executive Officer

July 20, 2005
##### 



EXHIBIT 32.1
 CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND
CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. §1350, AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (a)
    
    the Form 10-Q of the Company for the quarterly period ended September 30, 2006, filed on
the date hereof 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(b)
    
    information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Date: November 7, 2006
    
    /s/ Richard D. Kincaid

Richard D. KincaidPresident and Chief Executive Officerof Equity Office Properties Trust,the general partner of EOP Operating LimitedPartnershipDate: November 7, 2006
    
    /s/ Marsha C. Williams

Marsha C. WilliamsExecutive Vice President and Chief Financial Officerof Equity Office Properties Trust,the general partner of EOP Operating LimitedPartnership
RECEIVED IN ibJ/S- COURT OF CRIMINAL APPEALS,

M»252in5

/io'/i) >flflc &o/j f l/aw /Jd/r/je /o ££^^sf

sfaj* /?sx/j//?je£ /?a//) /*//// /o#£/?//</ /fofi/ezcs/p/f /?// AA/?r

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A, —- - — *•—•—;—— /)/j/ous/ — • •••'. /'9/999 y—— • •-,••—,, _X: t . '/jar Ji/irf. . , osj &jjsJ? •///*££*j A

f?om /)s/}7f A^ fr s?J £i/)/)s.Aj///?£f //£#*./j£.

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(Page 125 of 412)

' \

MICHAEL J. MCCORMICK

PRESIDING JUDGE

LAWRENCE E. MEYERS

STEPHEN W. MANSFIELD

SHARON KELLER

TOM PRICE

SUE HOLLAND

PAUL WOMACK

CHERYLJOHNSON

MIKEKEASLGR

JUDGES

Court ai Criminal JVppegls

J&iate of tEexas

Pnx 12308

(fltxpitol JStaiiott

(Auatttt 78711

May 10,2000

TROY C. BENNETT, JR.

CLERK

312463-1531

RICHARD E. WETZEL

EXECUTIVE ADMINISTRATOR

313463-1000

Reagan E. Greer

District Clerk

100 Dolorosa, #362

San Antonio, Texas 78205-3028

Re: Ex parte Carl L. Brooks

YourNo.96-CR-0292-Wl

Dear Mr. Greer.

On September 21,1999, this Court received the reporter's record from an evidentiary hearing

held on Mr. Brooks' Art. 11.071, V.A.C.C.P., habeas corpus application. The Court has not yet

received the transcript containing the pleadings in the case.

Please advise the Court when you intend to forward those matters set out under Art. 11.071,

Sec. 9, V.A.C.C.P. Among other things, the Court has not been supplied with the_application,.the

3jttate^sjnswgrorthe trial court's Findings ofFact and Conclusions ofLaw. Such matters should

be forwarded as soon as possible.

Thank you for your attention and cooperation in this matter.

Sincerely,

REW/bh

Richard E. Wetzel

General Counsel

Supreme Court Building. 20I West 14th stbegt, room toe. Austin, tbaas 78701

WEBSITE WWW.CCA.COURTS.STATE.Tir.US