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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-6421

RUSSELL E. GARRETT,

Petitioner - Appellant,

versus

HOWARD PAINTER, Warden, Mount Olive Correctional Complex,

Respondent - Appellee.

Appeal from the United States District Court for the Southern

District of West Virginia, at Charleston. John T. Copenhaver, Jr.,

District Judge. (CA-99-717-2)

Submitted: June 21, 2001 Decided: July 3, 2001

Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Russell E. Garrett, Appellant Pro Se. Darrell V. McGraw, Jr., Dawn

Ellen Warfield, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA,

Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Russell E. Garrett seeks to appeal the district court’s order

denying relief on his petition filed under 28 U.S.C.A. § 2254 (West

1994 & Supp. 2000). We have reviewed the record and the district

court’s opinion accepting the recommendation of the magistrate

judge and find no reversible error. Accordingly, we deny Garrett’s

motion for appointment of counsel, deny a certificate of appealability, and dismiss the appeal on the reasoning of the district

court. See Garrett v. Painter, No. CA-99-717-2 (S.D.W. Va. Feb.

14, 2001). 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
<PAGE>

                                                                    EXHIBIT 99.2

                  CERTIFICATION OF THE CHIEF FINANCIAL OFFICER

     I, Neil M. Ebner, Vice President, Finance and Chief Financial Officer of
UBICS, Inc. do hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that to my knowledge:

     (1) the Quarterly Report on Form 10-Q of UBICS, Inc. for the quarterly
     period ended June 20, 2002 (the "Periodic Report") which this statement
     accompanies fully complies with the requirements of Section 13(a) or 15(d)
     of the Securities and Exchange Act of 1934 (15 U.S.C. 78m),

          and

     (2) the information contained in the Periodic Report fairly represents, in
     all material respects, the financial condition and results of operations of
     UBICS, Inc.

Dated: August 14, 2002


                             By: /s/ Neil M. Ebner
                             ---------------------------------------------------
                             Neil M. Ebner
                             Vice President, Finance and Chief Financial Officer
##### 



Exhibit 32.1 CERTIFICATION OF THE 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 Quarterly Report on Form 10-Q of GameTech
International, Inc. (the Company) for the quarterly period ended January 31,
2004, as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Clarence H. Thiesen, Chief Executive Officer of the Company,
certify, to my best knowledge and belief, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 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 (15 U.S.C. 78m(a) 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. /S/ Clarence H. ThiesenClarence H. ThiesenChief Executive Officer
 March 15, 2004
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001045560
<NAME> ENHERENT CORP.

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                       8,943,000
<SECURITIES>                                         0
<RECEIVABLES>                                7,992,000
<ALLOWANCES>                                   268,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            17,557,000
<PP&E>                                      12,504,000
<DEPRECIATION>                               8,563,000
<TOTAL-ASSETS>                              38,367,000
<CURRENT-LIABILITIES>                        5,954,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  4,985,000
<COMMON>                                        18,000
<OTHER-SE>                                  94,190,000
<TOTAL-LIABILITY-AND-EQUITY>                38,367,000
<SALES>                                              0
<TOTAL-REVENUES>                            23,796,000
<CGS>                                       17,152,000
<TOTAL-COSTS>                               17,152,000
<OTHER-EXPENSES>                            13,546,000
<LOSS-PROVISION>                                56,000
<INTEREST-EXPENSE>                             187,000
<INCOME-PRETAX>                           (12,058,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                       (12,058,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (12,058,000)
<EPS-BASIC>                                      (.66)
<EPS-DILUTED>                                    (.66)


</TABLE>
**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 quarterly report on Form 10-Q of Tier Technologies, Inc., (the“Company”) for the period ended March 31, 2006, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), the undersigned, David E. Fountain, Chief FinancialOfficer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, that: 1. This Report fully complies with the requirements of Section 13(a) or Section 15(d) ofthe Securities Exchange Act of 1934, as amended. 2. The information contained in this Report fairly presents, in all material respects,the financial condition and results of operations of the Company.   Dated: November 14, 2006 /s/ David E. Fountain     David E. Fountain, Chief Financial Officer
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 09**  **- 19**  **56**

JONES, BLECHMAN, WOLTZ & KELLY, PC , Plaintiff

- Appell ee ,

v.
TATYANA A. BABAKAEVA , Defendant

– Appell ant, and

NIK OLAI I. SINKINE, Defendant

.

Appe al from the United States District Court for the Eastern District of Virginia , at Newport News
. Raymond A. Jackson , District Judge. ( 4 :0 8

- c v - 0 0 123

- R AJ

- JEB )

Submitted : March 30, 2010 Decided: April 21, 2010

Before N IEMEYER , MICHAEL, and SHEDD , Cir cuit Judges.

Dismiss ed by un published per curiam opinion

.
Tatyana A. Babakaeva , Appellant Pro Se. Raymond Bernard Bacon, QUADROS & ASSOCIATES , PC, Newport News, Virginia ; Lawrence Hoyt Glanzer, ROUSSOS LASSITER GLANZER & MARCUS, PLC, Norfolk, Virgin ia , for Appellee s . Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Tatyana A. Babakaeva seeks to appeal the district court’s order, entered after a hearing, denying her motion to strike Plaintiff’s Fed. R. Civ. P. 41(a)(1)( A)(i) notice of voluntary dismissal. In its order, the district court stated that “[t]he dismissal of the case remains effective as of the date of the Notice of Voluntary Dismissal.” We dismiss the appeal. Babakaeva did not file an answer or a motion for summary judgment prior to the filing of the Rule 41(a)(1)(A)(i) notice . Therefore, the voluntary dismissal became effective upon filing of the notice with the clerk of the district court. At that point, the action terminated, and the district court w as divested of jurisdiction. See In re Matthews , 395 F.3d 477, 480 (4th Cir. 2005); Marex Titanic, Inc. v. The Wrecked & Abandoned Vessel , 2 F.3d 544, 546 (4th Cir. 1993). Accordingly, the district court was without authority to conduct the hearing or

to enter the order Babakaeva seeks to appeal, and that order is void. See Safeguard Business Sys., Inc. v. Hoeffel , 907 F.2d 861 (8th Cir. 1990). The order being void, the voluntary dismissal remains effective as of the date the notice of dismissal was fil ed in the district court.3 We accordingly deny leave to proceed in forma pauperis and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately addressed in the materials before the court and argument wo uld not aid the decisional process.
DISMISSED
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#####  

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# C_2009308EN.01000101.xml

| 18.12.2009 | EN | Official Journal of the European Union | C 308/1 |
| --- | --- | --- | --- |

18.12.2009

EN

Official Journal of the European Union

C 308/1

---

RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 14 December 2009

to the Council of the European Union on the external auditors of the Central Bank and Financial Services Authority of Ireland

(ECB/2009/26)

2009/C 308/01

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,

Whereas:

| (1) | The accounts of the European Central Bank (ECB) and national central banks are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union. |
| --- | --- |

(1)

The accounts of the European Central Bank (ECB) and national central banks are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

| (2) | The mandate of the Central Bank and Financial Services Authority of Ireland’s current external auditors ended after the audit for the financial year 2008. It is therefore necessary to appoint external auditors from the financial year 2009. |
| --- | --- |

(2)

The mandate of the Central Bank and Financial Services Authority of Ireland’s current external auditors ended after the audit for the financial year 2008. It is therefore necessary to appoint external auditors from the financial year 2009.

| (3) | The Central Bank and Financial Services Authority of Ireland has selected Deloitte & Touche as its external auditors for the financial years 2009 to 2011, |
| --- | --- |

(3)

The Central Bank and Financial Services Authority of Ireland has selected Deloitte & Touche as its external auditors for the financial years 2009 to 2011,

HAS ADOPTED THIS RECOMMENDATION:

It is recommended that Deloitte & Touche should be appointed as the external auditors of the Central Bank and Financial Services Authority of Ireland for the financial years 2009 to 2011.

Done at Frankfurt am Main, 14 December 2009.

The President of the ECB

Jean-Claude TRICHET

---
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 02-2913

___________

Sylvester Dudley, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the Eastern

* District of Arkansas.

Max J. Mobley, Dr., Deputy Director, *

Arkansas Department of Correction; * [UNPUBLISHED]

Greg Harmon, Warden, Tucker *

Maximum Security Unit; Ron Mellen, *

Dr., Mental Health Doctor, Tucker *

Maximum Security Unit; State of *

Arkansas, *

*

Appellees. *

___________

 Submitted: November 6, 2002

 Filed: December 3, 2002

___________

Before HANSEN, Chief Judge, and MORRIS SHEPPARD ARNOLD and MELLOY,

Circuit Judges.

___________

PER CURIAM.

Arkansas inmate Sylvester Dudley brought a 42 U.S.C. § 1983 action claiming,

inter alia, that defendant prison officials subjected him to cruel and unusual

punishment by denying him behavioral and mental health rehabilitation. He asserted
-2-

that he had been confined in “the hole” for over a year for behavior he cannot control,

and that he had suffered hallucinations, devious thoughts, and fear. The district court

dismissed the action without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), and

Mr. Dudley appeals. We grant his request to proceed in forma pauperis, leaving the

fee-collection details to the district court. See Henderson v. Norris, 129 F.3d 481,

484-85 (8th Cir. 1997) (per curiam). 

Having carefully reviewed the record, we agree with the district court that

Mr. Dudley did not state a due process claim with respect to his prison classification

or his segregated confinement. We believe, however, that Mr. Dudley alleged

sufficient facts to state a claim for deliberate indifference to his serious medical

needs. See Sandin v. Conner, 515 U.S. 472, 487-88 n.11 (1995) (beyond due process,

prisoners retain Eighth Amendment protections from arbitrary state action); Beck v.

Skon, 253 F.3d 330, 333 (8th Cir. 2001) (failure to supply medical care can constitute

Eighth Amendment violation); Riddle v. Mondragon, 83 F.3d 1197, 1202 (10th Cir.

1996) (states have constitutional duty to provide necessary psychological care to

inmates). Accordingly, we reverse the judgment in part and remand for further

proceedings on this claim. See 8th Cir. R. 47A(a).

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Case 1:07-cv-05733-SAS Document 11 Filed 03/26/2008 Page 1 of 4
Case 1:07-cv-05733-SAS Document 11 Filed 03/26/2008 Page 2 of 4
Case 1:07-cv-05733-SAS Document 11 Filed 03/26/2008 Page 3 of 4
Case 1:07-cv-05733-SAS Document 11 Filed 03/26/2008 Page 4 of 4
<PAGE>
                                  EXHIBIT 99.2

              CAPITAL PROPERTIES, INC. AND CONSOLIDATED AFFILIATES
                            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 Capital Properties, 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, Barbara
J. Dreyer, Treasurer and Principal Financial Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 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/ Barbara J. Dreyer
                                       -----------------------------------------
                                       Barbara J. Dreyer
                                       Treasurer and Principal Financial Officer
                                       March 11, 2003
111TH CONGRESS 

1ST SESSION H. R. 762 

AN ACT 

To validate final patent number 27–2005–0081, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 762 EH

1 SECTION 1. FINAL PATENT AND LAND RECONFIGURATION 

2 IN CLARK COUNTY AND LINCOLN COUNTY, 

3 NEVADA. 

4 Patent No. 27–2005–0081 and its associated land re5 configuration issued by the Bureau of Land Management 

6 on February 18, 2005, is hereby affirmed and validated 

7 as having been issued pursuant to and in compliance with 

8 the provisions of the Nevada-Florida Land Exchange Au9 thorization Act of 1988 (Public Law 100–275), the Na10 tional Environmental Policy Act of 1969, and the Federal 

11 Land Policy Management Act of 1976 for the benefit of 

12 the desert tortoise and other species and their habitat to 

13 increase the likelihood of their recovery. The process uti14 lized by the United States Fish and Wildlife Service and 

15 the Bureau of Land Management in reconfiguring the 

16 lands as shown on Exhibit 1–4 of the Final Environmental 

17 Impact Statement for the Planned Development Project 

18 MSHCP, Lincoln County, NV (FWS–R8–ES–2008– 

19 N0136) and the reconfiguration provided for in Special 
3 

•HR 762 EH

1 Condition 10 of Army Corps of Engineers Permit No. 

2 200125042 are hereby ratified. 

Passed the House of Representatives July 15, 2009. 

Attest: 

Clerk. 
111TH CONGRESS 

1ST SESSION H. R. 762 

AN ACT 

To validate final patent number 27–2005–0081, 

and for other purposes.
Order entered March 13, 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 19
- 00021
- CR LUIS JOSE HERRERA, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 363rd Ju dicial District Court

Dallas County, Texas Trial Court Cause No. F12
- 30982
- W



### O RDER The reporter’s record is overdue. By postcard dated January 9, 2019, we notified court reporter Patricia Holt that the reporter’s record was overdue and directed her to f ile the reporter’s record within thirty days. To date, no reporter’s record has been filed and we have had no
communication from Ms. Holt.
We ORDER court reporter Patricia Holt to file the complete reporter’s record in this appeal within FIFTEEN DAYS of t he date of this order. We caution Ms. Holt that the failure to file the reporter’s record by that date will result in the Court taking whatever action it deems appropriate to ensure that th is appeal proceed s in a more timely fashion, which may include
ord ering that Ms. Holt not sit as a court reporter until the reporter’s record in th is appeal is filed.We DIRECT the Clerk to send copies of this order to the Honorable Tracy Holmes ,

Presiding Judge, 363rd Judicial District Court; Patricia Holt , court report er, 3 63rd Judicial District Court; and to counsel for all parties.

/s/ CORY L. CARLYLE JUSTICE
# Fourth Court of Appeals **San Antonio, Texas**

November 30, 2022

No. 04

- 22

- 00720

- CV

IN RE Stephen Patrick BLACK

Original Proceeding 1

ORDER

On October 28 , 202 2 , relator filed a petition for writ of mandamus complaining of the trial court’s failure to rule on his constitutional challenge motion. On November 10, 2022, r elator filed a motion to dismiss his petition for writ of mandamus. We GRANT the motion and DISM ISS the petition for writ of mandamus.

It is so ORDERED on November 30, 2022

.

_____________________________ Lori I. Valenzuela, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of November, 2022

.

_____________________________ Michael A. Cruz

, Clerk of Court

1 Thi s proceeding arises out of Cause No. CV

- 15

- 1805 , styled In the Commitment of Stephen Patrick , pending in the 274th Judicial District Court

, Guadalupe County, Texas, the Honorable Gary L. Steel presiding.
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

      For purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the  Sarbanes-Oxley  Act of 2002, the undersigned,  Douglas A. McIntyre,  the
chairman, president, and chief executive officer of On2 Technologies,  Inc. (the
"Company"), hereby certifies that, to his knowledge:

      (i)   the  Quarterly  Report on Form 10-Q of the  Company  for the quarter
            ended June 30,  2005,  as filed  with the  Securities  and  Exchange
            Commission on the date hereof (the "Report") fully complies with the
            requirements  of section 13(a) or 15(d) of the  Securities  Exchange
            Act of 1934; and

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


                                                By:  /s/ Douglas A. McIntyre
                                                  ------------------------------
                                                  Douglas A. McIntyre
                                                  Chairman, President and
                                                  Chief Executive Officer
                                                  On2 Technologies, Inc.

August 1, 2005


                                      -26-
# SFO

# MFO

# AFO

# EFO

# FPO

# Course Acronyms
Exhibit 32.2



SECTION 906 CERTIFICATION



In connection with the Quarterly Report of enherent Corp. (the Company) on Form 10-Q/A for the period ending September 30, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, James C. Minerly, Senior Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, adopted as 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 result of operations of the Company.



/s/ James C. MinerlyJames C. MinerlySenior Financial OfficerJanuary 25, 2005




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 enherent, Corp. and will be retained by enherent, Corp. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit
      23




CONSENT
        OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
 
 We
        hereby
        consent to the incorporation by reference in the Registration Statements
        on Form
        S-8 (Nos. 33-37261, 33-69596, 33-69598, 33-61558, 333-79443, 333-08994,
        333-42635, 333-89971, 333-36146, 333-36150 and 333-112527) and Form S-3 (File
        No. 333-137998) of Southern Union Company of our report dated March 1, 2007
        relating to the consolidated financial statements, management’s assessment of
        the effectiveness of internal control over financial reporting and the
        effectiveness of internal control over financial reporting, which appears
        in
        this Form 10-K.
 
 
 
 Houston,
        Texas
 March
        1,
        2007