alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals **San Antonio, Texas** MEMORANDUM OPINION
No. 04

- 12

- 00622

- CV IN THE INTEREST OF J.J. , a Child From the 224th Judicial District Court , Bexar County, Texas Trial Court No. 2011

- PA

- 02163 Honorable Richard Garcia , Judge Presiding
PER CURIAM Sitting: Rebecca S immons , Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: December 12, 2012
DISMISSED FOR WANT OF JURISDICTION On August 25, 2011, the Department of Family and Protective Services filed an original petition for protection of J.J., a child, and for termination of the parents’ parental rights. In an order signed on September 6, 2012, the trial court granted a motion for J.J. to be placed with maternal grandparents in a different state; the order did not adjudicate appellant father’s parental rights. On September 14, 2012, appellant father filed a notice of appeal complaining of the placement order. In our November 6, 2012 order to appellant father, we warned appellant that this court lacks jurisdiction over most orders that do not “dispose[] of all pending parties and claims in the record.” See Lehmann v. Har

- Con Corp. , 39 S.W.3d 191, 195 (Tex. 2001) (noting that generally “an appeal may be taken only from a final judgment”). We ordered appellant to04

- 12

- 00622

- CV

- 2

- show cause in writing to this court by November 21, 2012, why this appeal should not be dismissed for want of jurisdiction. See T EX
. R. A PP
. P. 42.3(a); Lehmann , 39 S.W.3d at 195. We warned appellant that if he failed to show cause in writing within the time provided, the appeal would be dismissed for want of jurisdiction. See T EX
. R. A PP
. P. 42.3(a). To date appellant has not filed a response to our November 21, 2012 order. Therefore, we dismiss this appeal for want of jurisdiction. See id. ; see also id. R. 42.3(c).

PER CURIAM
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|  | Directory        of Software Solutions for LIFFE CONECT, Software Agreement, User |
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|  | Agreement,        Glossary. |
|--|------------------------------|

| DATE: | PAGES: |  | 47 | PDF SIZE: |  | 1308        KB | PDF LINK: |
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CERTIFICATION

I, Stanley B. Baron, certify that:

1. I have reviewed this quarterly report of Lantis Laser Inc.;

2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the  issuer as of, and for, theperiods presented in this report;

4. The  issuer's other certifying officer(s) and I are responsiblefor establishing and maintaining disclosure controls and procedures (as 4efined inExchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting(as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the  issuer and have:

(a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensure thatmaterial information relating to the  issuer, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularly during theperiod in which this report is being prepared;

(b) Designed such internal control over financial reporting, or causedsuch internal control over financial reporting to be designed under our supervision, toprovide reasonable assurance regarding the reliability of financial reporting and thepreparation of financial statements for external purposes in accordance with generallyaccepted accounting principles;

(c) Evaluated the effectiveness of the  issuer's disclosurecontrols and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of the periodcovered by this report based on such evaluation; and

(d) Disclosed in this report any change in the  issuer's internalcontrol over financial reporting that occurred during the  issuer's most recentfiscal quarter (the  issuer's fourth fiscal quarter in the case of an annual report)that has materially affected, or is reasonably likely to materially affect, the  issuer's internal control over financial reporting; and

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

(a) All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which are reasonably likely toadversely affect the  issuer's ability to record, process, summarize and reportfinancial information; and

(b) Any fraud, whether r not material, that involves management or otheremployees who have a significant role in the  issuer's internal control overfinancial reporting.

Date: May 5, 2010

/s/ Stanley B. BaronCEO and CFO
IV 

111TH CONGRESS 

2D SESSION H. RES. 1312 

Recognizing the roles and contributions of America’s teachers to building 

and enhancing our Nation’s civic, cultural, and economic well-being. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2010 

Mr. GRAVES (for himself, Mr. GUTHRIE, Mr. CLAY, Mr. LUETKEMEYER, Mr. 

ARCURI, Mr. CONNOLLY of Virginia, Mr. SIMPSON, Mr. AL GREEN of 

Texas, Mr. NEAL of Massachusetts, Ms. EDDIE BERNICE JOHNSON of 

Texas, Mr. THOMPSON of California, Mr. THOMPSON of Pennsylvania, 

Mr. WILSON of South Carolina, Mr. MORAN of Virginia, Mr. HARPER, 

Mr. MORAN of Kansas, Mr. TERRY, Mr. BURGESS, Mrs. MCMORRIS RODGERS, Mr. BLUNT, Mr. SKELTON, Mr. CASTLE, Mr. CLEAVER, Mr. GERLACH, Mr. WHITFIELD, Mr. LEE of New York, Mr. PETRI, Mr. MICA, 

Mr. KIRK, Mr. ROSKAM, Mr. DENT, Mr. EHLERS, Mr. FORTENBERRY, 

and Mr. POE of Texas) submitted the following resolution; which was referred to the Committee on Education and Labor 

RESOLUTION 

Recognizing the roles and contributions of America’s teachers 

to building and enhancing our Nation’s civic, cultural, 

and economic well-being. 

Whereas education and knowledge are the foundation of 

America’s current and future strength; 

Whereas teachers and other education staff have earned and 

deserve the respect of their students and communities for 

their selfless dedication to community service and the future of our Nation’s children; 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HRES 1312 IH 

Whereas the purpose of ‘‘National Teacher Appreciation 

Week’’, held during May 3, 2010, through May 7, 2010, 

is to raise public awareness of the unquantifiable contributions of teachers and to promote greater respect and 

understanding for the teaching profession; and 

Whereas students, schools, communities, and a number of organizations representing educators are hosting teacher 

appreciation events in recognition of ‘‘National Teacher 

Appreciation Week’’: Now, therefore, be it 

1 Resolved, That the House of Representatives thanks 

2 and promotes the profession of teaching by encouraging 

3 students, parents, school administrators, and public offi4 cials to participate in teacher appreciation events during 

5 ‘‘National Teacher Appreciation Week’’. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
EXHIBIT 32.2

SECTION 1350 CERTIFICATION

In connection with the Annual Report of Amedia Networks, Inc. (the "Company") on
Form 10-KSB/A for the year ended December 31, 2005 (the "Report") filed with the
Securities and Exchange Commission, I, James D. Gardner, Principal Financial
Officer 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 this Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

MAY 1, 2006                                /s/ JAMES D. GARDNER
                                           --------------------
                                           JAMES D. GARDNER
                                           PRINCIPAL FINANCIAL OFFICER


A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906 HAS BEEN
PROVIDED TO AMEDIA NETWORKS, INC. AND WILL BE RETAINED BY AMEDIA NETWORKS, INC.
AND FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON
REQUEST.
<partyblock><br><br><div align="center"><b><font size="+1">Gentlecare Ambulatory Anesthesia Services; Lyonel F. Paul, M.D., as Assignee of Mathurin, Rebecca, Appellant,<br><br>against<br><br>GEICO Ins. Co., Respondent.</font></b></div><br><br><p>The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant.Rivkin Radler, LLP (Stuart M. Bodoff of counsel), for respondent.</p><p>Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered August 12, 2016. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.</p><p>ORDERED that the order is affirmed, with $25 costs.</p><p>In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath (EUOs).</p><p>Contrary to plaintiff's contention, the proof submitted by defendant in support of its motion was sufficient to demonstrate that plaintiff had failed to appear for the EUOs (<a href="../2006/2006_09604.htm" target="_blank"><i>see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co.</i>, 35 AD3d 720</a> [2006]). Furthermore, defendant was not required to set forth objective reasons for requesting the EUOs in order to establish its prima facie entitlement to summary judgment, as an insurer need only demonstrate "as a matter of law that it twice duly demanded an [EUO] from the [provider] . . . that the [provider] twice failed to appear, and that the [insurer] issued a timely denial of the claim[]" (<a href="../2014/2014_00092.htm" target="_blank"><i>Interboro Ins. Co. v Clennon</i>, 113 AD3d 596</a>, 597 [2014]; <a href="../2017/2017_50208.htm" target="_blank"><i>see Parisien v Metlife Auto &amp; Home</i>, 54 Misc 3d 143</a>[A], 2017 NY Slip Op 50208[U] [App Term, 2d Dept, 2d, 11th &amp; 13th Jud Dists 2017]; <a href="../2015/2015_51653.htm" target="_blank"><i>Palafox PT, P.C. v State Farm Mut. Auto. Ins. Co.</i>, 49 Misc 3d 144</a>[A], 2015 NY Slip Op 51653[U] [App Term, 2d Dept, 2d, 11th &amp; 13th Jud Dists 2015]).</p><p>Accordingly, the order is affirmed.</p><p>PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.</p><br>ENTER:<br>Paul Kenny<br>Chief Clerk<br>Decision Date: May 10, 2019<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
#### Sherif Maher ABD EL NOOR, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-73335.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 4, 2006 *.

Filed Dec. 8, 2006.

Roni P. Deutsch, Esq., Encino, CA, for Petitioner.

CAC-District Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA,

Janice K Traver, Department of Justice, Carol Federighi, Esq., U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: GOODWIN, LEAVY, and FISHER, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Sherif Maher Abd El Noor, a native and citizen of Egypt, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. Reviewing for substantial evidence, *Li v. Ashcroft,*378 F.3d 959, 962 (9th Cir.2004), we deny the petition for review.

The agency based its adverse credibility determination on a discrepancy between Abd El Noor’s written statement and his testimony regarding the timing and circumstances of his persecution by Egyptian national security officers. Because this discrepancy goes to the heart of Abd A1 Noor’s claim, and the agency adequately considered Abd El Noor’s proffered explanation for the discrepancy, substantial evidence supports the adverse credibility determination. *See id.*at 963-64. Accordingly, Abd El Noor has failed to establish eligibility for asylum and withholding of removal. *See id.*at 964.

Substantial evidence also supports the agency’s determination that Abd El Noor *624is not entitled to CAT relief because, in the absence of credible testimony, he failed to establish that it is more likely than not that he would be tortured by or with the acquiescence of government officials upon his return to Egypt. *See Zheng v. Ashcroft,*332 F.3d 1186, 1194 (9th Cir.2003).

Abd El Noor’s remaining contentions are without merit.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
No. 464.

#### American Bakeries Co. et al *v.*Huntsville.

Jurisdictional statement distributed October 31, 1936.

Decided November 9, 1936.

*Messrs. Hughes Spalding*and *Joseph B. Brennan*for appellants.

*Mr. Robert V. Fletcher*for appellee.

*Per Curiam:*

The appeal herein is dismissed for the want of a final judgment. *Missouri Ry. Co.*v. *Olathe,*222 U. S. 185; *O'Mara*v. *Crampton,*267 U. S. 575; *Manassas Park, Inc.*v. *Robertson,*274 U. S. 716.
| 1. | the      Report fully complies with the requirements of Section 13(a) or 15(d) of      the Securities Exchange Act of 1934, as amended;  and |
|----|----------------------------------------------------------------------------------------------------------------------------------------------|

| 2. | the      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the Company      as of the dates and for the periods presented in the financial statements      included in the Report. |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ Len E.      Williams             | /s/ Eric S.      Nadeau                 |
|------------------------------------------------|-----------------------------------------|
| Len E.      Williams                 | Eric S.      Nadeau                |
| President      and                   | Executive Vice      President and  |
| Chief Executive      Officer    | Chief Financial      Officer       |
|                                           |                                    |
| Dated: October 7,      2010               |                                    |

|   |
|--------|
```

[Federal Register: December 15, 1998 (Volume 63, Number 240)]
[Notices]
[Page 69060]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de98-46]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 11:00 a.m., Friday, January 29, 1999.

PLACE: 1155 21st St., N.W., Washington, D.C., 9th Floor Conference
Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Surveillance Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 98-33272 Filed 12-11-98; 11:41 am]
BILLING CODE 6351-01-M
```

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NOT RECOMMENDED FOR FULL
- TEXT PUBLICATION File Name: 14a0074n.06
No. 13

- 5040
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. ANTONIO CLIFTON , Defendant

- Appellant

. ) ) ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE

BEFORE: GUY, GIBBONS, and ROGERS , Circuit Judges.

PER CURIAM. Antonio Clifton appeals his sentence

. Clifton pleaded guilty to possessing with intent to distribute cocaine and cocaine base, in violation of 21 U.S.C. § 841(a)(1), and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). The
district court determined that Clifton’s base offense level was 37 because , by virtue of his crime s and his prior controlled substance offense s in Tennessee, he was a career offender. The court subtracted two levels for acceptance of responsibility, resulting in a total offense level of 35. Based on the total offense level of 35 and a criminal history category of V I , Clifton’s guidelines

range was 292 to 365 months of imprisonment. The court sentenced him to 292 months for the cocaine base offense, to be served concurrently to 120

- month terms for the other offenses. Clifton appealed. His counsel filed a brief, making two arguments: (1) the d istrict court erred by concluding that Clifton was a career offender because his predicate convictions wereNo. 13

- 5040

United States v. Clifton

- 2

- void under state law; and (2) the district court failed to properly weigh the statutory sentencing factors when determining Clifton’s sentence.
T he district court properly relied on Clifton’s prior convictions when determining that he
was a career offender because the Tennessee courts have not declared the convictions void and
Clifton c ould not c hallenge the convictions as void during his federal s entencing hearing. See
United States v. Ruvalcaba , 627 F.3d 218, 222 (6th Cir. 2010). In addition, the district court’s sentence was both procedurally and substantively reasonable , because the district court identified
and discussed the relevant sentenci ng factors under 18 U.S.C. § 3553(a) , including the seriousness of the crimes, Clifton’s history and characteristics , and the need to promote respect for the law and protect the public , and there is nothing in the record to suggest that the court gave impr oper weight to any factor. See United States v. Dudeck , 657 F.3d 424, 431

- 32 (6th Cir. 2011)

. Accordingly, we affirm Clifton’s sentence

.
#### UNITED STATES of America, Plaintiff-Appellee, v. Efraine Perez TELLO, Defendant-Appellant.

No. 06-4766.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 21, 2006.

Decided: Dec. 29, 2006.

J. Falkner Wilkes, Craven *&*Wilkes, Greenville, South Carolina, for Appellant. Reginald I. Lloyd, United States Attorney, Isaac L. Johnson, Jr., Assistant United States Attorney, Greenville, South Carolina, for Appellee.

Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*302PER CURIAM:

Efraine Perez Tello pled guilty to conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine in violation of 21 U.S.C.A. § 841(a), (b)(1)(B) (West 1999 & Supp. 2006). He was sentenced to the mandatory minimum term of five years imprisonment. Although he did not raise the issue at sentencing, Tello contends on appeal that he qualified for a sentence below the mandatory minimum and that the district court plainly erred by not sua sponte giving him the benefit of the safety valve provisions in 18 U.S.C. § 3553(f) (2000) and *U.S. Sentencing Guidelines Manual*§ 5C1.2 (2005). We affirm.

A defendant who meets all five criteria set out in § 5C1.2 (incorporating § 3553(f)(l)-(5)) is eligible for a sentence below the mandatory minimum. The government apparently concedes that Tello met the first four criteria, but not the fifth, which requires the defendant to reveal, no later than the sentencing hearing, “all he knows concerning both his own involvement and that of any co-conspirators.” *United States v. Ivester,*75 F.3d 182, 184 (4th Cir.1996). The defendant has the burden of showing that he has affirmatively acted to supply truthful information to the government. *Id.*at 185. In support of his claim, Tello states that he cooperated with the government. The only support in the record for this assertion is defense counsel’s statement at the sentencing hearing that his client had “cooperated in the sense that he has been to every court appearance and he has turned himself in any time they have asked [him] to turn himself in____” We conclude that the district court did not plainly err in sentencing Tello without applying the safety valve provisions. *See United States v. Olano,*507 U.S. 725, 732-37, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (stating standard of review for plain error).

We therefore affirm the sentence imposed by the district court. 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.*