alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Robert R. MATTHEWS, Appellant v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Appellee.

No. 10-5237.

United States Court of Appeals, District of Columbia Circuit.

Nov. 4, 2010.

Robert R. Matthews, Washington, DC, pro se.

R. Craig Lawrence, U.S. Attorney’s Office, Washington, DC, for Appellee.

BEFORE: SENTELLE, Chief Judge; and ROGERS and KAVANAUGH, Circuit Judges.

*JUDGMENT*

PER CURIAM.

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief, appendix, and supplement to the brief filed by appellant. *See*Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 340'). It is

ORDERED AND ADJUDGED that the district court’s order filed May 13, 2010, be affirmed. The district court properly dismissed appellant’s complaint for lack of jurisdiction, because the Veterans’ Benefits Act of 1957, as amended, precludes direct judicial review in Article III courts of VA decisions affecting the provision of benefits. *See*38 U.S.C. § 511(a); *Price v. United States,*228 F.3d 420 (D.C.Cir.2000). The exclusive procedure for challenging such decisions is an appeal to the Board of Veterans’ Appeals, from there to the United States Court of Appeals for Veterans Claims, and from there to the United States Court of Appeals for the Federal Circuit. *See Price,*228 F.3d at 421.

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. *See*Fed. R.App. P. 41(b); D.C.Cir. Rule 41.
Exhibit
32.2




Certification
of Principal Financial Officer


Pursuant
to 18 U.S.C. § 1350,


As
Adopted Pursuant to


Section
906 of the Sarbanes-Oxley Act of 2002





In
connection with the Quarterly Report of Reef Oil & Gas Income and
Development Fund III, L.P. (the “Partnership”) on Form 10-Q for the quarter
ended June 30, 2010 as filed with the Securities and Exchange Commission on the
date hereof (the “Report”), I, Daniel C. Sibley, principal financial officer of
the Partnership, certify, 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;
and





(2)
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Partnership.




Date:  August
      16, 2010
              
              /s/ Daniel C.
      SibleyDaniel
      C. SibleyChief
      Financial Officer and General Counsel ofReef
      Exploration, L.P.(Principal Financial and
      Accounting Officer)




This
certification accompanies the Report pursuant to § 906 of the Sarbanes-Oxley Act
of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act
of 2002, be deemed filed by the Partnership for purposes of § 18 of the
Securities Exchange Act of 1934, as amended.





A signed
original of this written statement has been provided to the Partnership and will
be retained by the Partnership and furnished to the Securities and Exchange
Commission or its staff upon request.
# Fourth Court of Appeals **San Antonio, Texas**

MEMORANDUM OPINION

N o. 04

- 14

- 00020

- CR

James LEGATE , Appellant

v. The STATE of The STATE of Texas, Appellee

From the 290th Judicial District Court , Bexar County, Texas Trial Court No. 1998CR6480 Honorable Me lisa Skinner , Judge Presiding

PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice

Delivered and Filed: February 12, 2014

DISMISSED On August 11, 1999, James Legate was sentenced to ninety

- nine years imprisonment. On January 7, 2014, he filed a notice of appeal. In his notice of appeal, Legate states that on September 15, 2013, he filed a Motion for the Release of Clerk’s Record. He complains that the trial court

has failed to rule on his motion. A co mplaint about the failure of a trial court to rule on a motion cannot be brought on direct appeal, but should instead be brought in a mandamus proceeding. See
In re Chavez , 62 S.W.3d 225, 228 (Tex. App.

— Amarillo 2001, orig. proceeding ); In re Ramirez , 994 S.W.2d 682, 683 (Tex. App.

— San Antonio 1998, orig. proceeding). We therefore ordered04

- 14

- 00020

- CR
appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant has filed a response to our order that stating h e is “ voluntarily dismissing [ his ] notice of appeal. ”

See T EX

. R. A PP

. P. 42.2. We dismiss this appeal.

PER CURIAM

Do not publish

- 2

-
No. 263.

#### Mutzenbecher et al. *v.*Ballard.

October 14, 1935.

*Mr. Nathan Ottinger*for petitioners.

*Mr. Emory R. Buckner*for respondent.

Petition for writ of certiorari to the Court of Appeals of New York denied.
#### UNITED STATES of America, Plaintiff—Appellee, v. Ronald ST. PHARD, Defendant—Appellant.

No. 09-4551.

United States Court of Appeals, Fourth Circuit.

Submitted: May 27, 2010.

Decided: June 17, 2010.

*308James T. McBratney, Jr., McBratney Law Firm, P.A., Florence, South Carolina, for Appellant. W. Walter Wilkins, United States Attorney, Carrie A. Fisher, Florence, South Carolina, for Appellee.

Before WILKINSON, DAVIS, and KEENAN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Ronald St. Phard was indicted, along with three co-defendants, and charged with conspiracy to possess with intent to distribute heroin, in violation of 21 U.S.C. § 846 (2006) (“Count One”) and possession with intent to distribute heroin, in violation of 21 U.S.C. § 841 (2006) (“Count Two”). Following a jury trial of St. Phard and co-defendant Kastler Cherisme, the men were convicted of both counts in the indictment. Thereafter, St. Phard filed a Fed. R.Crim.P. 33 motion for a new trial, arguing that the Government had used his post-Mira*nda*
      * silence against him, in violation of *Doyle v. Ohio,*426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1975). The district court denied St. Phard’s motion and subsequently sentenced St. Phard to forty-one months of imprisonment on Counts One and Two. St. Phard timely noted his appeal.

On appeal, St. Phard argues that the district court erred in denying his Rule 33 motion. We conclude the district court did not abuse its discretion in denying the Rule 33 motion. *See United States v. Fulcher,*250 F.3d 244, 249 (4th Cir.2001) (providing review standard). To the extent the prosecution committed *Doyle*error, we find that any error was harmless. *See Williams v. Zahradnick,*632 F.2d 353, 360-62 (4th Cir.1980) (stating five-factor test to determine if prosecutor’s comments constitute reversible error).

Accordingly, we affirm the judgment of the district court. We dispense with oral argument as the facts and legal contentions are adequately presented in the materials on appeal and argument would not aid the decisional process.

*AFFIRMED.*

*Miranda v. Arizona,*384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
No. 134.

#### Wisconsin ex rel. Satlesville Cheese Manufacturing Co. *v.*Zimmerman, Circuit Judge.

Jurisdictional statement distributed September 10, 1936.

Decided October 12, 1936.

*Per Curiam:*

The motion of the *505appellee to dismiss the appeal herein is granted, and the appeal is dismissed for the want of a substantial federal question. *Cincinnati Street Ry. Co.*v. *Snell,*193 U. S. 30; *Bain Peanut Co.*v. *Pinson,*282 U. S. 499, 501.

*Mr. Harold M. Wilkie*for appellant.

*Mr. William H. Spohn*for appellee.
Exhibit 99.2


                       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 this Annual Report of Creative Host Services, Inc. (the
"Company") on Form 10-KSB for the fiscal year ended December 31, 2002, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I Lynnette McCullough, Chief Financial Officer of the Company,
certify to the best of my knowledge, 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.

Date: April 14, 2003                            /s/ Lynnette McCullough
                                                ----------------------------
                                                Lynnette McCullough
                                                Chief Financial Officer



[A signed original of this written statement required by Section 906 has been
provided to Creative Host Services, Inc. and will be retained by Creative
Host Services, Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.]
**
**Exhibit 31.2**

**CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER**

**PURSUANT TO EXCHANGE ACT RULES 13a-14(a) AND15d-14(a) AS ADOPTED PURSUANT TO**

**SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

I, Thomas Altier, certify that: 

 
1.
I have reviewed this Quarterly Report on Form 10-Q of Phreesia, Inc.;

 
2.
Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state amaterial 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 report; 

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

 
4.
The registrant’s other certifying officer and I are responsible for establishing and maintainingdisclosure 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, or caused such disclosure controls and procedures to bedesigned under our supervision, 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 report isbeing prepared; 

 
 (b)
Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in thisreport 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 thatoccurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and 

 
5.
The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions): 

 
 (a)
All significant deficiencies and material weaknesses in the design or operation of internal control overfinancial reporting which are 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 inthe registrant’s internal control over financial reporting. 

 
Date: September 10, 2019  By: 
/s/ Thomas Altier
   Thomas Altier   Chief Financial Officer   *(Principal Financial Officer and Principal Accounting Officer)***
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                       2,194,436
<INT-BEARING-DEPOSITS>                       2,344,936
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 31,272,121
<INVESTMENTS-CARRYING>                      33,808,632
<INVESTMENTS-MARKET>                        32,172,438
<LOANS>                                     57,182,329
<ALLOWANCE>                                    555,388
<TOTAL-ASSETS>                             132,290,351
<DEPOSITS>                                  88,110,758
<SHORT-TERM>                                29,658,337
<LIABILITIES-OTHER>                          1,459,859
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        14,311
<OTHER-SE>                                  13,047,050
<TOTAL-LIABILITIES-AND-EQUITY>             132,290,315
<INTEREST-LOAN>                              4,637,348
<INTEREST-INVEST>                            3,998,794
<INTEREST-OTHER>                               119,585
<INTEREST-TOTAL>                             8,755,727
<INTEREST-DEPOSIT>                           3,720,298
<INTEREST-EXPENSE>                           5,132,371
<INTEREST-INCOME-NET>                        3,623,356
<LOAN-LOSSES>                                   97,970
<SECURITIES-GAINS>                            (83,129)
<EXPENSE-OTHER>                              2,849,242
<INCOME-PRETAX>                              1,243,110
<INCOME-PRE-EXTRAORDINARY>                   1,243,110
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   770,406
<EPS-BASIC>                                       0.66
<EPS-DILUTED>                                     0.64
<YIELD-ACTUAL>                                    2.94
<LOANS-NON>                                    317,689
<LOANS-PAST>                                    79,094
<LOANS-TROUBLED>                               188,300
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                               498,340
<CHARGE-OFFS>                                   50,925
<RECOVERIES>                                    10,003
<ALLOWANCE-CLOSE>                              555,380
<ALLOWANCE-DOMESTIC>                           555,380
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
INDEPENDENT AUDITORS' CONSENT



The Stockholders and Board of Directors
The Network Connection, Inc. and Subsidiary:

We consent to incorporation  by reference in the  registration  statements (Nos.
333-38313  and  333-38315)  on Forms S-8 of The  Network  Connection,  Inc.  and
subsidiary of our report dated September 27, 2000,  relating to the consolidated
balance  sheets of The Network  Connection,  Inc. and  subsidiary as of June 30,
2000 and 1999, and the related consolidated statements of operations, changes in
stockholders'  equity  (deficiency) and comprehensive  income and cash flows for
the year ended June 30, 2000, the Transition Period ended June 30, 1999, and the
year ended  October 31, 1998,  which report  appears in the June 30, 2000 annual
report on Form 10-KSB/A of The Network Connection, Inc. and subsidiary.

Our reported dated  September 27, 2000,  contains an explanatory  paragraph that
states that The Network Connection,  Inc. and subsidiary has incurred net losses
from operations and has a working capital deficiency and an accumulated  deficit
that raises  substantial doubt about its ability to continue as a going concern.
The consolidated  financial statements do not include any adjustments that might
result from the outcome of this uncertainty.


                                               /s/ KPMG LLP

Phoenix, Arizona
October 30, 2000
<PAGE>

                                 Exhibit 10.16

Board of Directors                                   October 27,2005
LSB Corporation, Inc.

Ladies and Gentlemen

I am delighted to hear that the Search Committee has identified a candidate to
succeed me as CEO of our Company. I understand the candidate will be available
on January 3, 2006. AS you know, I am currently scheduled to retire as President
and CEO on December 31, 2006.

Under the circumstances, I believe it would be preferable, in the interests of
our Company, for me to step down early from the offices of President and CEO and
a Director of LSB Corporation and Lawrence Savings Bank (and any affiliates
thereof) and to assume an advisory and supportive role as an employee of the
Company and the Bank effective January 2,2006, provided arrangements can be made
to insure that I am not prejudiced by this action in terms of compensation or
benefits.

In accordance with my Employment Agreement, I would continue to receive my
salary through December 31,2006 in bi-weekly payments, as currently paid. In
addition, I will continue to receive my current employee benefits. These include
health insurance (BC/BS), life insurance, dental insurance, vision insurance,
long term disability insurance, use of an automobile and reimbursement of
related expenses, matching contributions to my 401k plan and certain club
membership and related fees.

As in recent years, I will receive a bonus equal to 20% of my salary, to be paid
with my first paycheck in January, 2006. Also as in past years, I will also
receive a 5% salary increase effective the first paycheck following my next
employment anniversary date.

As you know, in my role as President and CEO of the Company, I have served on
many community boards of directors and on several banking industry boards of
directors, and have received fees for such service in addition to my
compensation from the Company. I would resign from these boards
contemporaneously with my resignation as President and CEO of the Company. As
compensation, I will receive payment from the Company in lieu of estimated
annual directors' fees for 2006 in the amount of $6,100. This amount will be
included with my first paycheck from the Company following my resignation from
the boards.

As in the past, under my Employment Agreement, I will be reimbursed for my
annual physical examination expense that exceeds my medical insurance coverage
in 2006. In addition, I will continue to be reimbursed promptly for any expenses
I incur in performing any services for the Bank or LSB Corporation.

My employment agreement, as amended by this letter, will remain in effect
through December 31,2006. At the conclusion of my employment, I will be afforded
the opportunity to purchase from the Company for $1.OO the car that has been
assigned to me.
<PAGE>
Provided these arrangements can be made, I would prefer, in the interests of our
Company, to step down early AS President and CEO and a Director and to assume an
advisory and supportive role in order to accommodate a smooth transition at the
CEO position in our Company.


Very truly yours,

/s/ Paul A. Miller
Paul A. Miller
UNITED STATES OF AMERICA
Before the
COMMODITY FUTURES TRADING COMMISSION

In the Matter of the Application of
Thomson Reuters (SEF) LLC for
Registration as a Swap Execution Facility

ORDER OF REGISTRATION

Thomson Reuters (SEF) LLC (“TR SEF”) has submitted to the Commodity Futures
Trading Commission (“Commission” or “CFTC”), pursuant to Section Sh of the Commodity
Exchange Act (“Act”), 7 U.S.C. § 7b-3, and Commission Regulation 37,3(b), 17 C.F.R.

§ 37.3(b), an application for registration as a swap execution facility, which includes submissions
dated September 9, 2013 through January 19, 2016.

Having reviewed TR SEF’s application, the Commission HEREBY ORDERS that,
pursuant to Section Sh of the Act and Commission Regulation 37.3(b)(6)(i), TR SEF is granted
registration as a swap execution facility, subject to the terms and conditions specified herein:

(1) TR SEF shall comply with all representations and submissions made by TR SEF
in support of its application for registration as a swap execution facility, as shown in the
application record;

(2) | TR SEF shall comply with all provisions of the Act and all requirements set forth
in the Commission’s regulations, as may be amended or adopted from time to time, that are
applicable to swap execution facilities, provided that, as prior relief granted by Commission staff

pursuant to Commission regulation 140.99 remains in effect:



(a) In lieu of complying with the specific requirements of Commission
Regulations 37.6(b), 37.1000, 37.1001, 45.2(a) and 45.3(a) that are addressed in CFTC
Letter No, 15-25, TR SEF shall comply with the terms and conditions of CFTC Letter
No. 15-25, for the duration set forth therein; and

(b) In lieu of complying with the specific requirements of Commission
Regulations 37.205(a) and 37.205(b)(2) that are addressed in CFTC Letter No, 15-68, TR
SEF shall comply with the terms and conditions of CFTC Letter No. 15-68, for the

duration set forth therein; and

(3) TRSEF shall be responsible for compliance with the terms and conditions of this
Order of Registration, with respect to all regulatory services performed by any third party service

provider on behalf of TR SEF, within or outside of the jurisdiction of the United States.
Issued in Washington, D.C. on this 22nd day of January, 2016.

By the Commission

) /\ coy fp ff
Bib. | Dbl
Christopher J. Kirkpatrick
Secretary of the Commission
#### Randell E. BUCK, Plaintiff-Appellant, v. John K. GREENLEE, Individually and in his official capacity as Justice of the Superior Court of Gaston County; Paula Brinkley, Individually and in her official capacity as Social Worker for Gaston County Department of Social Services; Melanie J. Richards, Individually and in her official capacity as MSW, Program Supervisor, Office of the Guardian Ad Litem, Judicial District 27A; Pamela Davis, Individually and in her official capacity as Guardian Ad Litem, Judicial District 27A; Keith Moon, Individually and in his official capacity as Director, Gaston County Department of Social Services; Robert Becker, Individually and in his official capacity as Chairman of the Board, Gaston County Department of Social Services; Sherry S. Bradsher, Individually and in her official capacity as Director NC Department of Health and Human Services, Division of Social Services, Defendants-Appellees.

No. 11-2189.

United States Court of Appeals, Fourth Circuit.

Submitted: Feb. 9, 2012.

Decided: Feb. 13, 2012.

Randell E. Buck, Appellant Pro Se. Grady L. Balentine, Jr., Gerald Kevin Robbins, Special Deputy Attorneys General, Raleigh, North Carolina; Martha Raymond Thompson, Stott, Hollowell, Palmer & Windham, Gastonia, North Carolina, for Appellees.

Before WILKINSON, AGEE, and FLOYD, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Randell E. Buck appeals the district court’s order dismissing his complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Buck v. Greenlee,*No. 3:10-cv00540-RJC-DSC, 2011 WL 4595262 (W.D.N.C. Sept. 30, 2011). 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.*