alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-31025

USDC No. 97-CV-1269

 

REINIER NESLO,

Petitioner-Appellant,

versus

BURL CAIN, Warden, 

Louisiana State Penitentiary;

RICHARD P. IEYOUB, Attorney General, 

State of Louisiana,

Respondents-Appellees.

---------------------

Appeal from the United States District Court

for the Eastern District of Louisiana

---------------------

August 10, 1998

Before JONES, BARKSDALE and DENNIS, Circuit Judges.

PER CURIAM:*

Reinier Neslo, Louisiana prisoner # 95210, seeks a

certificate of appealability (COA) to appeal the district court’s

dismissal of his 28 U.S.C. § 2254 application without prejudice

for failure to exhaust state remedies based on the pendency of 

two state writ applications. Neslo objected in the district

court to the dismissal of his application and suggested that he

be allowed to delete his unexhausted claims and proceed with the
No. 97-31025

- 2 -

exhausted claims. Neslo argues in his request for a COA that the

district court erred in refusing to allow him to proceed on the

exhausted claims because the dismissal was not without prejudice

due to the operation of the statute of limitations.

District courts must dismiss mixed habeas corpus petitions

containing both unexhausted and exhausted claims. Rose v. Lundy,

455 U.S. 509, 522 (1982). Prisoners who submit mixed petitions

are entitled to resubmit a petition with only exhausted claims or

to exhaust the remainder of their claims. Id. at 520. The

AEDPA’s limitations period began to run on April 24, 1996, and

was tolled from October 11, 1996, to September 19, 1997, while

Neslo’s state habeas proceedings were pending. The one-year

period expired in March 1998. If this court were to affirm the

district court’s dismissal of Neslo’s mixed petition now, it

would effectively be with prejudice to refiling under the AEDPA’s

statute of limitations. The district court abused its discretion

in dismissing Neslo’s § 2254 application without allowing to him

proceed as requested on his exhausted claims in light of the

statute of limitations. Brewer v. Johnson, 139 F.3d 491, 492-93

(5th Cir. 1998).

A COA is hereby GRANTED, the judgment is VACATED, and the

case is REMANDED to the district court. If all claims are now

exhausted, the district court is directed to consider all claims. 

If all claims have not been exhausted, the district court shall

allow Nelso to delete any unexhausted claims from his petition.
No. 97-31025

- 3 -

Neslo’s motion for an appeal property bond, construed as a

request for release pending appeal, is DENIED. Neslo’s motion

for appointment of counsel is also DENIED. His motion for IFP is

DENIED AS MOOT.

GRANT COA, VACATE AND REMAND; DENY MOTIONS FOR PROPERTY

BOND, IFP, AND APPOINTMENT OF COUNSEL.
Order filed October 15 , 2021.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 21

- 00430

- CV

____________ IN THE INTEREST OF L.A.V. AND S.H.V., CHILDREN

On Appeal from the 314 th District Court

Harris County, Texas Trial Court Cause No. 2019

- 03748J



### O R D E R
The notice of appeal in this case was filed Ju ly 27, 2021. To date, the filing fee of $20 5.00 has not been paid. The trial court sustained a contest to appellants ’
Statement of I nability to Afford Costs on Appeal and this court upheld ap pellants ’ challenge to that rul ing on appeal.
Appellant s are ordered to pay th e filing fee in the amount of $20 5.00 to the

c lerk of this court on or before October 25, 2021

. See Tex. R. App. P

. 5. If appellant s fail to timely pay the filing fee in accorda nce with this order, the appeal
will be dismissed.

PER CURIAM

Panel Consists of Justices Jewell, Spain, and Wilson.
<PAGE>


                                                                      EXHIBIT 23




                   REPORT AND CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in this Annual Report (Form 10-K)
of Lazare Kaplan International Inc. and subsidiaries of our report dated
August 9, 2001 included in the 2001 Annual Report to Stockholders of Lazare
Kaplan International Inc.

Our audits also included the consolidated financial statement schedule of Lazare
Kaplan International Inc. and subsidiaries listed in Item 14(a)2. This schedule
is the responsibility of the Company's management. Our responsibility is to
express an opinion based on our audits. In our opinion, the consolidated
financial statement schedule, when considered in relation to the basic
financial statements taken as a whole, presents fairly in all material
respects the information set forth therein.

We also consent to the incorporation by reference in

         1)    Registration Statement (Form S-8, No. 33-20528), Registration
               Statement (Form S-8, No. 33-37617) and Registration Statement
               (Form S-8, No. 33-57560), each of which relate to the Lazare
               Kaplan International Inc. 1988 Stock Option Incentive Plan,

         2)    Registration Statement (Form S-8, No. 333-40225) and Registration
               Statement (Form S-8, No. 333-92077) which relate to the Lazare
               Kaplan International Inc. 1997 Long Term Stock Incentive Plan,
               and

         3)    Post-Effective Amendment No. 1 to Registration Statement (Form
               S-8, No. 333-52303), which relates to the Lazare Kaplan
               International Inc. 401(k) Plan for Savings and Investment

of our report dated August 9, 2001 with respect to the consolidated financial
statements incorporated herein by reference, and our report included in the
preceding paragraph with respect to the financial statement schedule included
in this Annual Report (Form 10-K) of Lazare Kaplan International Inc.



                                           ERNST & YOUNG, LLP

                                           New York, New York
                                           August 28, 2001
**EXHIBIT10.42(a)**

 

**AMENDMENTNO. 1 TO EMPLOYMENT AGREEMENT**

 

This Amendment No. 1 (the“Amendment”), dated and effective as of June 1, 2004 is entered by andbetween IMAGE ENTERTAINMENT, INC., a California corporation (“Image”), andMARTIN W. GREENWALD, an individual (“Executive”), with respect to that certain Employment Agreement (the“Agreement”), dated April 1, 2004 by and between Image and Executive.

 

The following shall amendthe Agreement in effect with Executive as and to the effect set forth herein.  Except as modified by this Amendment, theAgreement with MARTIN W. GREENWALD remains in full force and effect.  Capitalized terms used herein and nototherwise defined shall have the same meaning as in the Agreement.

 

1.                                       TheTable in Paragraph 3(a) “Base Salary” is hereby deleted in its entirety andreplaced with the following:

 
| **Period**                                                |   | **Annual  Rate** |
|-----------------------------------------------------------|--------|------------------|
|                                                      |   |             |   |   |   |
| Year  ending on the first anniversary of the date hereof  |   | $                | 529,657 |   | per year |
|                                                      |   |             |   |   |
| Year  ending on the second anniversary of the date hereof |   | $                | 556,140 |   | per year |
|                                                      |   |             |   |   |
| Year  ending on the third anniversary of the date hereof  |   | $                | 583,947 |   | per year |
|                                                           |        |                  |  |  |  |  |

 

IN WITNESS WHEREOF, thisAmendment No. 1 was executed as of the date first written above.

 

ACCEPTED AND AGREED:

 

 
| IMAGE ENTERTAINMENT,  INC.: |                                                        |
|-----------------------------|-------------------------------------------------------------|
|                        |                                                        |
|                        |                                                        |
| By:                         | /s/ Ira Epstein                                             |   |   |
|                        | Ira Epstein, Esq.                                           |   |
|                        | Chairman, Compensation  Committee of the Board of Directors |   |
|                        |                                                        |
|                        |                                                        |
| MARTIN W. GREENWALD:        |                                                        |
|                        |                                                        |
|                        |                                                        |
| By:                         | /s/ Martin W. Greenwald                                     |   |   |
|                        | Martin W. Greenwald                                         |   |

 

----
HYNES & HOWES INSURANCE COUNSELORS, INC.
                                  Balance Sheet
                           September 30, 1999 and 1998


                                                            September 30,
        Liabilities & Stockholders' Equity              1999            1998
Current Liabilities:
   Buyers Escrow                                 $     7,468     $     7,688
   Accounts Payable                                    4,076               0

      Total Current Liabilities                  $    11,544     $     7,688

      Total Liabilities                          $    11,544     $     7,688


Stockholders' Equity:
   Capital Stock, no par value, 100,000,000
      Shares Authorized, 11,260,675 shares
      Issued                                     $ 3,780,765     $ 3,780,765
   Paid in Capital                                       100             100
   Retained Earnings (Deficit)                    (3,027,801)     (3,070,740)
   Treasury Stock, at Cost                           (33,252)        (33,252)

      Total Stockholders' Equity                 $   719,812     $   676,873

      Total Liabilities and Stockholders' Equity $   731,356     $   684,561


Notes to Financial Statements are an integral part of these statements.
I 

111TH CONGRESS 

1ST SESSION H. R. 813 

To designate the Federal building and United States courthouse located 

at 306 East Main Street in Elizabeth City, North Carolina, as the 

‘‘J. Herbert W. Small Federal Building and United States Courthouse’’. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2009 

Mr. BUTTERFIELD (for himself, Mr. SHULER, Ms. FOXX, Mr. ETHERIDGE, 

Mr. KISSELL, Mr. JONES, Mr. WATT, Mr. MILLER of North Carolina, 

Mr. MCHENRY, Mr. COBLE, Mrs. MYRICK, Mr. PRICE of North Carolina, 

and Mr. MCINTYRE) introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure 

A BILL 

To designate the Federal building and United States courthouse located at 306 East Main Street in Elizabeth 

City, North Carolina, as the ‘‘J. Herbert W. Small Federal Building and United States Courthouse’’. 

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

3 SECTION 1. DESIGNATION. 

4 The Federal building and United States courthouse 

5 located at 306 East Main Street in Elizabeth City, North 

6 Carolina, shall be known and designated as the ‘‘J. HerVerDate Nov 24 2008 00:25 Feb 05, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H813.IH H813

rfrederick on PROD1PC67 with BILLS
2 

•HR 813 IH

1 bert W. Small Federal Building and United States Court2 house’’. 

3 SEC. 2. REFERENCES. 

4 Any reference in a law, map, regulation, document, 

5 paper, or other record of the United States to the Federal 

6 building and United States courthouse referred to in sec7 tion 1 shall be deemed to be a reference to the ‘‘J. Herbert 

8 W. Small Federal Building and United States Court9 house’’. 

Æ 


rfrederick on PROD1PC67 with BILLS
#### The People of the State of New York, Respondent, v William Cody, Appellant.

Appeal by the defendant from a judgment of the County Court, Westchester County (Leggett, J.), rendered July 9, 1979, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

We find that the photographic array was not impermissibly suggestive since the array of photographs depicted men sufficiently similar in appearance so that no characteristic or visual clue would have caused the viewer to select the defendant’s photograph *(see, Simmons v United States,*390 US 377, 384; *People v Lundquist,*151 AD2d 505; *People v Raines,*135 AD2d 842; *People v Jones,*125 AD2d 333).

The defendant’s contention that his sentence constitutes cruel and unusual punishment is unpreserved for appellate review *(see, People v Mateo,*144 AD2d 388). In any event, the defendant’s contention is without merit, given the fact that the sentence was part of a negotiated plea *(see, People v Kimble,*153 AD2d 591) and was neither harsh nor excessive under the circumstances of this case *(see, People v Suitte,*90 AD2d 80). Mollen, P. J., Thompson, Kunzeman and Spatt, JJ., concur.
EXHIBIT 99.1
------------




                       SECTION 906 CERTIFICATION
                       -------------------------



     The following statement is provided by the undersigned to accompany
the Annual Report on Form 10-K for the fiscal year ended December 31, 2002,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be
deemed filed pursuant to any provision of the Securities Exchange Act of
1934 or any other securities law:

     Each of the undersigned certifies that the foregoing Report on
Form 10-K fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m) and that the information
contained in the Form 10-K fairly presents, in all material respects, the
financial condition and results of operations of JMB INCOME PROPERTIES,
LTD. - V.





By: /s/  H. Rigel Barber              By: /s/ Gailen J. Hull
    ---------------------------           ----------------------------
    H. Rigel Barber                       Gailen J. Hull
    Chief Executive Officer               Chief Financial Officer and
                                          Principal Accounting Officer
<PAGE>

                                                                    Exhibit 23.2

                           CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement 
(Form S-8 Number 33-71578) pertaining to the Employee New Stock Purchase Plan, 
as amended, the Registration Statement (Form S-8 Number 33-71580, 33-35640 and 
2-98541) pertaining to the 1990 Amended and Restated Stock Option Plan, as 
amended, the Registration Statement (Form S-8 Number 33-71484) pertaining to 
the 1993 Stock Option Plan for Outside Directors, and the Registration 
Statement (Form S-8 Number 33-17194) pertaining to the 1985 Restricted Value 
Stock Plan, as amended, of Grubb & Ellis Company and Subsidiaries of our report 
dated January 26, 1996, the financial statements of Axiom Real Estate 
Management, Inc. (Axiom) as of and for the year ended December 31, 1995.  Ernst 
& Young LLP has placed reliance on our work performed on the financial 
statements of Axiom as of and for the year ended December 31, 1995, and has 
elected to make reference to that effect in its report on the consolidated 
financial statements of Grubb & Ellis Company and Subsidiaries dated February 
5, 1996, which is included in the Annual Report (Form 10-K) for the year ended 
December 31, 1995, filed with the Securities Exchange Commission.

Pittsburgh, Pennsylvania                              Coopers & Lybrand L.L.P
March 22, 1996


                                                                              84
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Case 1:07-cv-05710-RJH Document 56-7 Filed 08/02/2007 Page 8 of 8
**SUBSIDIARIES**

**OF**

**BMC INDUSTRIES, INC.**

** **
| 1.  | Buckbee-Mears  Europe GmbH                                            |
|-----|-----------------------------------------------------------------------|
| 2.  | BMC  Industries Foreign Sales Corporation                             |
| 3.  | Buckbee-Mears  Hungary Kft.                                           |
| 4.  | Vision-Ease  Lens, Inc.                                               |
| 5.  | Vision-Ease  Lens Azusa, Inc.                                         |
| 6.  | Vision  Ease Lens Limited                                             |
| 7.  | Vision-Ease  Canada, Ltd.                                             |
| 8.  | P. T.  Vision-Ease Asia, joint venture with P.T. Astron Lensindo Nusa |
| 9.  | Buckbee-Mears  Holding Company B.V.                                   |
| 10. | Buckbee-Mears  European Holding Company B.V.                          |
| 11. | Buckbee-Mears  Deutschland Holding GmbH                               |
| 12. | Vision-Ease  France SAS                                               |
| 13. | Vision-Ease  Deutschland GmbH                                         |
EX-10.18





 Exhibit 10.18 

Spouse Consent Letter 
 To: Genetron
(Tianjin) Co., Ltd. 
 Whereas: 
  

	1.	 I, He Weiwu (ID card/passport number:
[            ]), am the spouse of the natural person Wang Xiaoge (ID card number: [            ]). Wang Xiaoge holds 6.544%
equity of Genetron Health (Beijing) Co., Ltd. (hereinafter referred to as “Target Equity Interest”) 


  

	2.	 With respect to the aforementioned Target Equity Interest held by Wang Xiaoge, Wang Xiaoge entered into the
Exclusive Option Agreement with other related parties on July 30, 2019, entered into the Equity Pledge Agreement with other related parties on July 30, 2019 and entered into the Shareholder Voting Rights Entrustment Agreement with other
related parties on July 30, 2019; and 


  

	3.	 Genetron Health (Beijing) Co., Ltd entered into the Exclusive Business Cooperation Agreement with Genetron
(Tianjin) Co., Ltd. on July 2, 2019. This Exclusive Business Cooperation Agreement together with the aforementioned Exclusive Option Agreement, Equity Pledge Agreement and Shareholder Voting Rights Entrustment Agreement constitute the
contractual control arrangement regarding Genetron Health (Beijing) Co., Ltd (hereinafter referred to as the “Contractual Control Arrangement”). 



Hereby, I confirm and irrevocably undertake as follows on July 30, 2019: 
  

	1.	 I confirm that I have noted and agree that my spouse Wang Xiaoge entered into the Exclusive Option Agreement,
Equity Pledge Agreement and Shareholder Voting Rights Entrustment Agreement. The aforementioned Target Equity Interest of Genetron Health (Beijing) Co., Ltd held by Wang Xiaoge is not our joint property. I have no rights and interests in such Target
Equity Interest, including the rights gained from the Contractual Control Arrangement. I will never take any action to interfere with the Contractual Control Arrangement, including but not limited to claiming any right over the aforementioned Target
Equity Interest and the Contractual Control Arrangement. 


  

	2.	 I hereby undertake, I have not participated in and will not plan to actually participate in the operation and
management of Genetron Health (Beijing) Co., Ltd in the future, and I will not claim any right related to the equity interests and assets of Genetron Health (Beijing) Co., Ltd. 



  
 1 














	3.	 If, for any reason, I obtain all or part of the aforementioned equity, I unconditionally agree to be a party of
the Contractual Control Arrangement and be bound by the Contractual Control Arrangement. In this respect, I undertake to take all necessary actions and to sign all necessary documents. 



This letter will take effect immediately upon its signature by me and will be continuously effective. 

  
 2 













 (This page is intentionally left blank and is the signing page of this Spouse Consent
Letter) 
  

			
	Undertaker’s Signature:	 	 /s/ He Weiwu

	 	 	Date: July 30, 2019



  
 3
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

K.C., ) ) Appellant, ) ) v. ) Case No. 2D17-1773 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed April 20, 2018. Appeal from the Circuit Court forHillsborough County; Barbara TwineThomas, Judge. Howard L. Dimmig, II, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and C. Todd Chapman, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.

LaROSE, C.J., and LUCAS and ROTHSTEIN-YOUAKIM, JJ., Concur.
# CE2010184EN.01041301.xml

| 8.7.2010 | EN | Official Journal of the European Union | CE 184/413 |
| --- | --- | --- | --- |

8.7.2010

EN

Official Journal of the European Union

CE 184/413

---

Friday 24 April 2009UN Convention on the Rights of Persons with Disabilities *

P6_TA(2009)0312

European Parliament legislative resolution of 24 April 2009 on the proposal for a Council decision concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (COM(2008)0530 – C6-0116/2009 – 2008/0170(CNS))

2010/C 184 E/76

(Consultation procedure)

The European Parliament,

The European Parliament

having regard to the proposal for a Council decision (COM(2008)0530),

having regard to the United Nations Convention on the Rights of Persons with Disabilities (‘the Convention’), adopted by the United Nations General Assembly on 13 December 2006,

having regard to Articles 13(1) and 300(2), first subparagraph, of the EC Treaty,

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0116/2009),

having regard to Rules 51 and 83(7) of its Rules of Procedure,

having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Women's rights and Gender Equality (A6-0229/2009),

| 1. | Approves conclusion of the Convention; |
| --- | --- |

1.

Approves conclusion of the Convention;

| 2. | Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States.

---