alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Kenneth FLOWERS, petitioner, v. UNITED STATES.

No. 17-8370.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
<PAGE>




                                                                    EXHIBIT 99.1


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


         In connection with the Annual Report on Form 10-KSB of SIGNATURE
HORIZONS GROUP, Inc. (the "Company") for the year ending December 31, 2002 as
filed with the Securities and Exchange Commission on the date hereof, I, Lyne
Marchessault, President of the Company, certify, pursuant to, and solely for the
purpose of complying with, 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)      the Annual Report on Form 10-KSB of the Company for the year ended
         December 31, 2002 (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 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.

Dated: May 14, 2003                 /s/  Lyne Marchessault
                                       --------------------------------------
                                    Lyne Marchessault, President
IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS 

TYLER DIVISION

 

UNITED STATES OF AMERICA

v. 

JESUS CARRIZALES-BARRERA (3)

§

§

§

§

§

§

§

§

 CASE NUMBER 6:23-CR-00032-JDK

ORDER ADOPTING MAGISTRATE JUDGE’S FINDINGS

OF FACT AND RECOMMMENDATION ON GUILTY PLEA

The Court referred this matter to the Honorable K. Nicole Mitchell, United States 

Magistrate Judge, for administration of a guilty plea under Federal Rule of Criminal Procedure 11. 

The Magistrate Judge conducted a hearing in the form and manner prescribed by Rule 11 and 

issued Findings of Fact and Recommendation on Guilty Plea. The Magistrate Judge 

Recommended that the Court accept Defendant’s guilty plea and adjudge Defendant guilty on 

Count One of the Information. 

The parties have not objected to the Magistrate Judge’s findings.

The Court hereby ADOPTS the Findings of Fact and Recommendation on Guilty Plea of 

the United States Magistrate Judge. The Court also accepts Defendant’s plea but defers acceptance 

of the plea agreement until after review of the presentence report.

In accordance with Defendant’s guilty plea, the Court finds Defendant Jesus CarrizalesBarrera GUILTY of Count One of the Information, charging a violation of Title 21 U.S.C. § 

841(a)(1) - Possession with Intent to Distribute Methamphetamine.

So ORDERED and SIGNED this day of

___________________________________

JEREMY D. KERNODLE

UNITED STATES DISTRICT JUDGE 23rd October, 2023.

Case 6:23-cr-00032-JDK-KNM Document 116 Filed 10/23/23 Page 1 of 1 PageID #: 265
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

LUFKIN DIVISION

MARVIN EUGENE GATES, JR. § 

VS. § CIVIL ACTION NO. 9:23-CV-62

CHRISTOPHER L. NORSWORTHY § 

MEMORANDUM OPINION REGARDING TRANSFER

Plaintiff Marvin Eugene Gates, Jr., an inmate confined at the Stiles Unit of the Texas

Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil

rights action pursuant to 42 U.S.C. § 1983 against Christopher L. Norsworthy.

Discussion

When, as in this case, jurisdiction is not founded solely on diversity of citizenship, 28 U.S.C.

§ 1391 provides that venue is proper only in the judicial district where the defendants reside or in

which the claim arose. Under 28 U.S.C. § 1404(a), for the convenience of parties and witnesses and

in the interest of justice, a district court may transfer any civil action to any other district or division

where it could have been brought. Such a transfer may be done sua sponte and is reviewable only

for an abuse of discretion. Mills v. Beech Aircraft Corp., 886 F.2d 758, 761 (5th Cir. 1989).

Plaintiff complains of incidents that occurred at the Stiles Unit. The Stiles Unit is located

in the Beaumont Division of the United States District Court for the Eastern District of Texas, but

Plaintiff filed this action in the Lufkin Division. The court has considered the circumstances and has

determined that the interests of justice would be served by transferring this action to the division in

Case 9:23-cv-00062-MAC-ZJH Document 3 Filed 03/30/23 Page 1 of 2 PageID #: 11
which the claims arose. Therefore, the action should be transferred to the Beaumont Division. It

is accordingly

ORDERED that this civil rights action is TRANSFERRED to the Beaumont Division of

the United States District Court for the Eastern District of Texas. 

2

_________________________

Zack Hawthorn

United States Magistrate Judge SIGNED this 30th day of March, 2023.

Case 9:23-cv-00062-MAC-ZJH Document 3 Filed 03/30/23 Page 2 of 2 PageID #: 12
Exhibit 7 

Case 5:23-cv-00032-RWS Document 59-9 Filed 12/08/23 Page 1 of 11 PageID #: 1047
App. 053
App. 054
App. 055
App. 056
App. 057
App. 058
App. 059
App. 060
Case 5:23-cv-00032-RWS Document 59-9 Filed 12/08/23 Page 10 of 11 PageID #: 1056
App. 062
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

TYLER DIVISION

DAVID KENT FITCH, #73397, §

§

Petitioner, §

§

v. § Case No. 6:23-cv-0159-JDK-KNM

§ 

UNITED STATES OF AMERICA, §

§

Respondent. §

ORDER ADOPTING THE REPORT AND RECOMMENDATION 

OF THE UNITED STATES MAGISTRATE JUDGE 

Petitioner David Kent Fitch, an inmate of the Smith County Jail proceeding 

pro se, filed this federal petition for writ of habeas corpus to assert claims related to 

the timing of his sentencing on federal charges, without paying the filing fee or 

moving to proceed in forma pauperis. The case was referred to United 

States Magistrate Judge K. Nicole Mitchell for findings of fact, conclusions of 

law, and recommendations for the disposition of the case. 

On May 9, 2023, Judge Mitchell ordered Petitioner to pay the filing fee or move 

to proceed IFP and to file an amended petition clearly setting forth his claims within 

thirty days. Docket No. 3. Petitioner did not comply with that Order. On August 1, 

2023, Judge Mitchell issued a Report recommending that the petition be dismissed 

for failure to prosecute due to Petitioner’s failure to satisfy the fee requirement or 

comply with the Court’s Orders. Docket No. 5. No timely objections were filed. 

This Court reviews the findings and conclusions of the Magistrate Judge de 

novo only if a party objects within fourteen days of the Report and Recommendation. 

1

Case 6:23-cv-00159-JDK-KNM Document 7 Filed 09/07/23 Page 1 of 2 PageID #: 22
28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire 

record and makes an independent assessment under the law. Douglass v. United 

Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other 

grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from 

ten to fourteen days). 

Here, Petitioner did not object in the prescribed period. The Court therefore 

reviews the Magistrate Judge’s findings for clear error or abuse of discretion and 

reviews her legal conclusions to determine whether they are contrary to law. See 

United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989), cert. denied, 492 U.S. 

918 (1989) (holding that, if no objections to a Magistrate Judge’s Report are filed, the 

standard of review is “clearly erroneous, abuse of discretion and contrary to law.”). 

Having reviewed the Magistrate Judge’s Report and the record in this case, 

the Court finds no clear error or abuse of discretion and no conclusions contrary to 

law. Accordingly, the Court hereby ADOPTS the Report and Recommendation of the 

United States Magistrate Judge (Docket No. 5) as the findings of this Court. 

Petitioner’s petition for habeas corpus is hereby DISMISSED without prejudice. The 

Court DENIES a certificate of appealability. All pending motions are DENIED as 

MOOT. 

2

So ORDERED and SIGNED this day of

___________________________________

JEREMY D. KERNODLE

UNITED STATES DISTRICT JUDGE 7th September, 2023.

Case 6:23-cv-00159-JDK-KNM Document 7 Filed 09/07/23 Page 2 of 2 PageID #: 23
Osiel RODRIGUEZ, petitioner, v. Charles RATLEDGE.

No. 17-8768.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
Exhibit 32.2


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


In connection  with the annual report of Bidville,  Inc. (the "Company") on Form
10-KSB, as filed with the Securities and Exchange  Commission on the date hereof
(the "Report"), I, Stephen C. Gingrich,  Chief 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, to the best of my knowledge and belief:

      (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/ Stephen C. Gingrich
                              -------------------------
                              Stephen C. Gingrich
                              Chief Financial Officer (or equivalent thereof)
                              April 14, 2005
Timothy BROWN, petitioner, v. MASSACHUSETTS.

No. 17-7732.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.
```
  
 
VIX FUTURES - CBOE FUTURES EXCHANGE                                  Code-1170E1
OPTION AND FUTURES COMBINED POSITIONS AS OF 09/18/12          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
($1000 X INDEX)                                      OPEN INTEREST:      431,265
COMMITMENTS
  70,467  162,570   73,458  255,792  165,187  399,717  401,215   31,548   30,050

CHANGES FROM 09/11/12 (CHANGE IN OPEN INTEREST:     24,307)
  -3,128    4,106    4,475   23,216   16,989   24,563   25,570     -256   -1,263

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
    16.3     37.7     17.0     59.3     38.3     92.7     93.0      7.3      7.0

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      163)
      41       74       80       32       37      127      148
```

----

Updated September 21, 2012
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1808 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 1808

       To provide an exemption from certain import prohibitions.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 1999

 Mr. Menendez (for himself, Mr. Matsui, and Mr. Gejdenson) introduced 
  the following bill; which was referred to the Committee on Ways and 
                                 Means

_______________________________________________________________________

                                 A BILL

 
       To provide an exemption from certain import prohibitions.

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

SECTION 1. EXEMPTION FROM IMPORT PROHIBITION.

    Notwithstanding any other provision of law, Executive Order 13067 
of November 3, 1997, shall not apply with respect to imports of 
articles described in Harmonized Tariff Schedule headings 1301.20.00 
and 1301.90.90 (other than balsams, tragacanth, and karaya).
                                 <all>
```
**Exhibit 31.2**

 

I, Steven E. Shebik, certifythat:

 

1. I have reviewed thisquarterly report on Form 10-Q of Lincoln Benefit Life Company;

 

2. Based on my knowledge, thisreport does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

3. Based on my knowledge, thefinancial statements, and other financial information included in this report,fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periodspresented in this report;

 

4. The registrant’s othercertifying officer(s) 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 disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisreport is being prepared;

 

b) Evaluated the effectivenessof the registrant’s disclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

c) Disclosed in this report anychange in the registrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

 

5. The registrant’s othercertifying officer(s) and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the registrant’s auditors andthe audit committee of registrant’s board of directors (or persons performingthe equivalent functions):

 

a) All significant deficienciesand material weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financialinformation; and

 

b) Any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the registrant’s internal control over financial reporting.

 

Date: November 10, 2004

 
|   | /s/ Steven E. Shebik      |   |
|--------|---------------------------|--------|
|   | Steven E. Shebik          |
|   | Senior Vice President and |
|   | Chief Financial Officer   |

 

E-3

----
```
 
 
CRUDE OIL, LIGHT SWEET - ICE FUTURES EUROPE                          Code-067411
FUTURES ONLY POSITIONS AS OF 11/27/12                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(CONTRACTS OF 1,000 BARRELS)                         OPEN INTEREST:      493,925
COMMITMENTS
  71,122   52,075  146,872  233,555  272,403  451,549  471,350   42,376   22,575

CHANGES FROM 11/20/12 (CHANGE IN OPEN INTEREST:      9,202)
     230   -4,412    2,231    3,643    8,218    6,104    6,037    3,098    3,165

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    14.4     10.5     29.7     47.3     55.2     91.4     95.4      8.6      4.6

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      140)
      35       30       48       65       63      128      119
```

----

Updated December 5, 2012
EXHIBIT 23.1

 

Consent of BDO Seidman, LLP 

 

CONSENT OFINDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS 

 

TurboChef Technologies,Inc. 

Dallas, Texas 

 

We hereby consent to the incorporation by reference in the Registration Statement Number 333-82518 on Form S-3 and Registration Statement Number 333-81571and Number 333-76662 on Form S-8 of our report dated March 15, 2003, relating to the consolidated financial statements of TurboChef Technologies, Inc. appearing in this Form 10-K for the year ended December 31, 2002. Our report contains anexplanatory paragraph regarding the Company’s ability to continue as a going concern. 

 

 

BDO Seidman, LLP 

 

Dallas, Texas 

April 16, 2003
Exhibit








Exhibit 10.1


FIRST AMENDMENT TO EMPLOYMENT AGREEMENT




THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is entered into as of the 22nd day of March, 2019, by and between the TAUBMAN COMPANY LLC, a Delaware limited liability company (“Employer”), and PAUL WRIGHT (“Executive”).


A.    Employer and Executive entered into a certain Employment Agreement, dated March 30, 2017, (“Agreement”); and


B.    Employer and Executive desire to amend the terms of the Agreement in the manner set forth below.


NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:


1.The Term of the Agreement, as set forth in Section 1.3 of the Agreement, is hereby extended to March 31, 2020.


2.    The date of “March 30, 2019” appearing in Section 2.1(b) of the Agreement is hereby changed to “March 31, 2020.”


3.    All references to the “2008 Omnibus Long-Term Incentive Plan” appearing in Section 2.3 of the Agreement are hereby changed to “2018 Omnibus Long-Term Plan.”


4.    Executive will be eligible for annual RSU and PSU Award grants in March of 2019.


5.    Section 2.5 of the Agreement is hereby deleted and replaced with the following:


“2.5    Time Off.    (a) Executive shall be covered by Employer’s Self-Managed Time Policy in lieu of any vacation or annual leave time.


(b)    In addition to such Self-Managed Time Policy as is provided in paragraph (a) above, in each calendar year, Executive shall be entitled to such statutory holidays as are required by local law where Executive’s office is located.”


6.    Capitalized terms used herein and not otherwise defined herein shall have the meaning ascribed to them in the Agreement.


7.    Except as modified by this Amendment, the Agreement remains in full force and affect and is hereby ratified and confirmed.


8.    This Amendment may be executed in counterparts, each of which shall constitute an original, although not fully executed, but all of which when taken together shall constitute but one Amendment.


9.    Delivery of an executed counterpart of this Amendment electronically (e.g., PDF) or by telecopier or facsimile shall be effective as delivery of an original executed counterpart hereof.
 
10.    This Amendment, along with the Agreement, contains the entire understanding between the parties and supersedes any prior understandings and agreements between them about the subject matter of 











the Agreement or this Amendment.  There are no other representations or agreements, oral or written, modifying the terms of the Agreement or this Amendment.
    
This Amendment has been executed as of the date first above written.




    
THE TAUBMAN COMPANY LLC,
a Delaware limited liability company


By:    /s/ Holly A. Kinnear                                    
Its:    SVP and CHRO                                   


“Employer”






                        
/s/ Paul Wright                                     
PAUL WRIGHT
    
“Executive”
William G. CLOWDIS, Jr., petitioner, v. VIRGINIA BOARD OF MEDICINE.

No. 18-397.

Supreme Court of the United States

Oct. 29, 2018.

Petition for writ of certiorari to the Supreme Court of Virginia denied.
In Re Camaron Thorn KYE-EL, petitioner.

No. 18-5580.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of habeas corpus denied.
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Annual Report of DURECT Corporation (the “Company”) on Form 10-Kfor the year ended December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, James E. Brown, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, asadopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that: 

(1) The Report fully complies with the requirements of section13(a) or 15(d) of the Securities Exchange Act of 1934; and 

(2) The information contained in the Report fairly presents, in all materialrespects, the financial condition and result of operations of the Company. 

March 15, 2007
Nigel PARKER, et al., petitioners, v. Andrei IANCU, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office; and Nigel Parker, et al., petitioners, v. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office.

No. 18-388.

Supreme Court of the United States

Nov. 5, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.
No. 6:23-cv-00233

Jody Ray Henry,

Petitioner,

v.

Rudy Flores,

Respondent.

ORD ER

Petitioner Jody Ray Henry, a pretrial detainee confined in the 

Anderson County Jail proceeding pro se, filed the above-styled and 

numbered petition for a writ of habeas corpus pursuant to 28 U.S.C. 

§ 2241. The case was referred to United States Magistrate Judge 

John D. Love, who issued a Report and Recommendation (Doc. 4) 

concluding that petitioner’s petition should be dismissed without 

prejudice for failure to exhaust state habeas corpus remedies and that 

a certificate of appealability should be denied.

When no party objects to the magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass 

v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996). Having reviewed the magistrate judge’s report and being satisfied that it 

contains no clear error, the court accepts its findings and recommendation. All motions not previously ruled on are denied. The clerk of 

court is directed to close this case.

So ordered by the court on June 16, 2023.

J. CAMPBELL BARKER

United States District Judge

Case 6:23-cv-00233-JCB-JDL Document 6 Filed 06/16/23 Page 1 of 1 PageID #: 24