alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS 

JAMES VALENTINIS-DEE, §

§

Plaintiff, §

§

versus § CIVIL ACTION NO. 9:23-CV-229

§

FED. DETENTION CENTER-HOUSTON, §

§

Defendant. §

ORDER ADOPTING THE

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Plaintiff James Valentinis-Dee, proceeding pro se, filed this civil rights lawsuit. The court

previously referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge,

at Beaumont, Texas, for consideration pursuant to applicable laws and orders of the court. The

magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge

recommending the case be dismissed without prejudice pursuant to Federal Rule of Civil

Procedure 41(b). To date, the parties have not filed objections to the Report and

Recommendation.

The court has received the Report and Recommendation of United States Magistrate Judge,

along with the record, pleadings, and all available evidence. After careful review, the court finds

that the findings of fact and conclusions of law set forth in the Report are correct. 

Accordingly, the Report and Recommendation (#10) is ADOPTED. A final judgment will

be entered dismissing this lawsuit.

Case 9:23-cv-00229-MAC-ZJH Document 13 Filed 04/23/24 Page 1 of 1 PageID #: 33
Datanya Damon ALEXANDER, Petitioner, v. UNITED STATES.

No. 19-6906.

Supreme Court of the United States.

March 23, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
Thomas BRANAGAN, Petitioner, v. Isidro BACA, Warden, et al.

No. 18-9527

Supreme Court of the United States.

October 7, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Richard BEN, Petitioner, v. UNITED STATES.

No. 19-7567.

Supreme Court of the United States.

March 9, 2020.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
```
 
 
MSCI EAFE MINI INDEX - NYSE LIFFE                                    Code-244041
OPTION AND FUTURES COMBINED POSITIONS AS OF 08/06/13          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:       81,762
COMMITMENTS
  28,208    2,823    3,529   42,518   73,191   74,255   79,543    7,507    2,219

CHANGES FROM 07/30/13 (CHANGE IN OPEN INTEREST:      1,452)
     -11      668      571     -158      195      402    1,434    1,050       18

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
    34.5      3.5      4.3     52.0     89.5     90.8     97.3      9.2      2.7

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       79)
      16        5        1       35       37       51       43
 
 
MSCI EMERGING MKTS MINI INDEX - NYSE LIFFE                           Code-244042
OPTION AND FUTURES COMBINED POSITIONS AS OF 08/06/13          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:      223,140
COMMITMENTS
  67,685   45,099    1,611  140,124  169,794  209,420  216,504   13,720    6,636

CHANGES FROM 07/30/13 (CHANGE IN OPEN INTEREST:      1,438)
  -1,697    2,368      -27    3,085   -1,659    1,361      682       77      756

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
    30.3     20.2      0.7     62.8     76.1     93.9     97.0      6.1      3.0

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      164)
      41       27       12       65       60      111       94
```

----

Updated August 9, 2013
Cecil BOYETT, Petitioner, v. NEW MEXICO.

No. 19-7275

Supreme Court of the United States.

February 24, 2020

Petition for writ of certiorari to the District Court of New Mexico, Valencia County denied.
Dwayne STOUTAMIRE, Petitioner, v. Donald MORGAN, Warden

No. 18-8989

Supreme Court of the United States.

October 7, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
Exhibit 10(a)



 Exhibit 10(a) 
 Consent of Independent Registered Public Accounting Firm 
  







 We consent to the reference to our firm under the caption “Independent Registered
Public Accounting Firm” in the Statement of Additional Information, and to the use of our report dated April 11, 2012, with respect to the statutory-basis financial statements and schedules of Transamerica Financial Life Insurance Company
included in Post-Effective Amendment No. 1 to the Registration Statement (Form N-4 No. 333-177578) under the Securities Act of 1933 and related Prospectus of Income EliteSM Variable Annuity. 

/s/ Ernst & Young LLP 
 Des
Moines, Iowa 
 April 23, 2012
# United States Court of Appeals For the Eighth Circuit

___________________________

No. 19-2219

___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee

v. Clyde Allen Lincoln lllllllllllllllllllllDefendant - Appellant

____________ Appeal from United States District Court for the Northern District of Iowa - Sioux City

____________ Submitted: April 13, 2020 Filed: May 14, 2020 [Unpublished]

____________ Before COLLOTON, GRUENDER, and GRASZ, Circuit Judges.

____________ PER CURIAM. Clyde Lincoln pled guilty to one count of possession with intent to distribute methamphetamine near a protected location in violation of 21 U.S.C. §§ 841(a)(1),(b)(1)(B), and 860(a). The district court 1 determined Lincoln was a career offender

and sentenced him to 188 months of imprisonment and 8 years of supervised release, a sentence at the lowest end of the United States Sentencing Guidelines Manual’s (“Guidelines”) range of 188 to 235 months. Absent the career-offender classification, the recommended Guidelines range would have been 151 to 188 months. On appeal, Lincoln challenges the district court’s career-offender determination. We review that determination de novo. United States v. Quigley , 943 F.3d 390, 393 (8th Cir. 2019). Lincoln qualifies as a career offender if he (1) “was at least eighteen years old at the time [he] committed the instant offense of conviction; (2) the instant offense of conviction is a felony that is . . . a controlled substance offense; and (3) [he] has at least two prior felony convictions of . . . a controlled substance offense.” U.S.S.G. § 4B1.1(a). Citing two prior drug convictions under Iowa Code section 124.401(1)(c)(6), the district court classified Lincoln as a career offender. Lincoln argues these prior convictions are not proper career-offender predicates because “Iowa’s aiding and abetting statute is broader than the generic definition of aiding and abetting.” Recognizing that this argument is foreclosed by United States v. Boleyn , Lincoln argues that case was wrongly decided and should be overruled. 929 F.3d 932, 938–40 (8th Cir. 2019). But because “one panel is bound by the decision of a prior panel,” Lincoln seeks relief which we cannot grant. United States v. Boykin , 794 F.3d 939, 948 (8th Cir. 2015) (quoting Owsley v. Luebbers , 281 F.3d 687, 690 (8th Cir. 2002)). We therefore affirm the district court’s judgment.

______________________________

1 The Honorable Leonard T. Strand, Chief United States District Judge for the Northern District of Iowa. -2-
Nicole WEBER, Petitioner, v. ALLERGAN, INC.

No. 19-869.

Supreme Court of the United States.

March 23, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Alito took no part in the consideration or decision of this petition.
## **EXHIBIT 32.1**

## ** **

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350AS REQUIRED BYSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

# ** **

In connectionwith the Quarterly Report on Form 10-Q of Steinway Musical Instruments, Inc.(the “Company”) for the quarter ended September 30, 2005 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, DanaD. Messina, Chief Executive Officer of the Company, certify that to the best ofmy knowledge:

 

1. The Reportfully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

2. Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
|                   | /s/ Dana D. Messina                    |   |
|------------------------|----------------------------------------|--------|
|                   |                                   |
|                   | President  and Chief Executive Officer |
|                   | (Principal  Executive Officer)         |
|                   |                                   |
|                   |                                   |
| November 9,  2005 |                                   |

 

 

A signedoriginal of this written statement required by Section 906 has beenprovided to Steinway Musical Instruments, Inc. and will be retained bySteinway Musical Instruments, Inc. and furnished to the Securities andExchange Commission or its staff upon request.

 

----
BOSTON FINANCIAL TAX CREDIT FUND VIII, A LIMITED PARTNERSHIP


EXHIBIT 32.2





CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO SECTION 906 OF THE


SARBANES-OXLEY ACT OF 2002








In connection with the Quarterly Report of Boston Financial Tax Credit Fund VIII (the “Fund”) on Form 10-Q for the period ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, the Principal Executive Officer and Principal Financial Officer, hereby certifies 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 Fund.








/s/Kenneth J. Cutillo


Kenneth J. Cutillo


Principal Executive Officer and


Principal Financial Officer


Arch Street VIII, Inc., as


General Partner of


Arch Street VIII Limited Partnership, as


General Partner of


Boston Financial Tax Credit Fund VIII,


A Limited Partnership








Date:  November 15, 2010








A signed original of this written statement required by section 906 has been provided to the Fund and will be retained by the Fund and furnished to the Securities and Exchange Commission or its staff upon request.
In Re Robert WINKEL, petitioner.

No. 18-8960.

Supreme Court of the United States

July 15, 2019.

Petition for rehearing denied.
Ramess NAKHLEH, petitioner, v. UNITED STATES.

No. 18-6379.

Supreme Court of the United States

Nov. 19, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
113TH CONGRESS 

2D SESSION H. CON. RES. 105 

CONCURRENT RESOLUTION 

1 Resolved by the House of Representatives (the Senate 

2 concurring), 

3 SECTION 1. PROHIBITION REGARDING UNITED STATES 

4 ARMED FORCES IN IRAQ. 

5 The President shall not deploy or maintain United 

6 States Armed Forces in a sustained combat role in Iraq 

7 without specific statutory authorization for such use 
2 

•HCON 105 EH 

1 enacted after the date of the adoption of this concurrent 

2 resolution. 

3 SEC. 2. RULE OF CONSTRUCTION. 

4 Nothing in this concurrent resolution supersedes the 

5 requirements of the War Powers Resolution (50 U.S.C. 

6 1541 et seq.). 

Passed the House of Representatives July 25, 2014. 

Attest: 

Clerk. 

113TH CONGRESS 

2D SESSION H. CON. RES. 105 

CONCURRENT RESOLUTION 

Prohibiting the President from deploying or mainsequent statutory authorization. tained combat role in Iraq without specific, sub- taining United States Armed Forces in a sus-
Leonard J. PORTO, III, petitioner, v. CITY OF LAGUNA BEACH, CALIFORNIA, et al.

No. 18-6521.

Supreme Court of the United States

Jan. 7, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION

HEADWATER RESEARCH LLC, 

Plaintiff, 

v. 

VERIZON COMMUNICATIONS INC., 

CELLCO PARTNERSHIP d/b/a VERIZON 

WIRELESS, and VERIZON CORPORATE 

SERVICES GROUP, INC., 

Defendants. 

CIVIL ACTION NO. 2:23-CV-00352 

JURY TRIAL DEMANDED 

ORDER GRANTING DEFENDANTS’ MOTION TO FILE UNDER SEAL

Before the Court is Defendants and Counterclaim-Plaintiffs Cellco Partnership, d/b/a 

Verizon Wireless and Verizon Corporate Services Group, Inc.’s Unopposed Motion to File Under 

Seal. The Court, having considered the same, is of the opinion that the motion should be and is 

hereby GRANTED. 

It is so ordered. 

Case 2:23-cv-00352-JRG-RSP Document 31-1 Filed 10/10/23 Page 1 of 1 PageID #: 514
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 21
- 0361 STATE OF MONTANA,

Plaintiff and Appellee, v. MAUREEN THERESE DOUBEK,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including December 20, 2021, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

November 15 2021

11/15/2021

Case Number: DA 21-0361
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S
NO. WR-88,988-01

EX P ARTE AMBER VALANTINA AK ERS, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 11-12331-A IN THE 252ND DISTRICT COURT

F ROM JEF F ERSON COUNTY

Per curiam . O P I N I O N Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Te x . C ri m . App. 1967). Applicant was convicted of ag g rava ted assault and sentenc ed to twenty y ear s’ imprisonment. The Four teenth Court of Appea ls aff irmed her conviction. Ake rs v. State , No. 14-12-00422- CR (Tex. App. — Houston [14 Dist.] 2013) (not t h desig nated f

or publication). Applicant contends, among other things, that she was denied her rig ht to petition this Court for discretionar

y revie w. Applicant’s appellate attorney filed a p et i tion on her behalf , but that petition was struck by this Court beca use t here wer e ins ufficie nt copies fi l ed , in violation of R ule2

9.3(b) of the Texas Rules of Appellate Procedur e. This Court allowed 30 day s to re- draw and re- file the petition, but no re-dr awn pe tition was ever f iled.
We rema nded this application to the trial court for finding s of fac t and conclusions of law. Appellate c ounsel filed an a ffidavit with the trial c ourt. Ba sed on that aff idavit, the trial court ha s
enter ed finding s of fac t and conclusions of law finding that appellate counsel never rec eived notice of this Court’s order striking the petition. The trial court conclude s that beca use of a brea

kdown in the sy stem, Applicant was deprive d of her rig ht to petition this Court for disc retionary revie w throug h no fault of her own. The trial court rec ommends that relief be g rante d. See Ex parte Riley , 193 S.W .3d 900 (Tex. Crim. App. 2006).
We find, there fore , that Applicant is entitled to the opportunity to file an out-of-time petition for discretionary revie w of the j udg ment of t he Fo u rt ee n t h C o urt of Appeals in Cause No. 14-12- 00422-CR that aff

irmed her conviction in Cause No. 11-12331-A from the 252nd District Court of
J eff erson County . Applicant shall file her petition for discretionary revie w with this Court wit hin 30 day s of the date on which this Court’s mandate issues. Ap p l i cant's rema ining claims are dismiss ed. See Ex parte Torres , 943 S.W .2d 469 (Tex. Crim. App. 1997).

Deliver ed: Dec ember

19, 2018 Do not publish
Carl D. WELLS, Petitioner, v. Ada PRESSLEY, Warden, et al.

No. 19M8

Supreme Court of the United States.

October 7, 2019

Motion to direct the Clerk to file a petition for a writ of certiorari out of time denied.
<PAGE>

                                                                    Exhibit 31.1

                    Certification of Chief Executive Officer


I, Robert J. Laikin, certify that:


         1. I have reviewed the Annual Report on Form 10-K/A (Amendment No. 1)
of Brightpoint, Inc., (the "Report") for the period ended December 31, 2004;

         2. Based on my knowledge, the Report does not contain any untrue
statement of a material fact or omit to state a material 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 the Report.


Date: April 11, 2005
                                     /s/ Robert J. Laikin
                                     -------------------------------------------
                                     Robert J. Laikin
                                     Chairman of the Board and Executive Officer
                                     (Principal Executive Officer)
Exhibit (10)(a)



 EXHIBIT (10)(a) 

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 







 Consent of Independent Registered Public Accounting Firm 

We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in the Statement of Additional
Information, and to the use of our reports: (1) dated April 11, 2012, with respect to the statutory-basis financial statements and schedules of Transamerica Financial Life Insurance Company, and (2) dated April 23, 2012, with
respect to the financial statements of the subaccounts of TFLIC Separate Account VNY, included in Post-Effective Amendment No. 11 to the Registration Statement (Form N-4 No. 333-122235) under the Securities Act of 1933 and related
Prospectus of the Advisor’s Edge NY Variable Annuity. 
 /s/ Ernst & Young LLP 

Des Moines, Iowa 
 April 23, 2012
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 7
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<DEBT-HELD-FOR-SALE>                           471,742
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                      11,442
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                 703,148
<CASH>                                          20,843
<RECOVER-REINSURE>                             108,784
<DEFERRED-ACQUISITION>                          84,526
<TOTAL-ASSETS>                               1,690,858
<POLICY-LOSSES>                                555,282
<UNEARNED-PREMIUMS>                            338,453
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                108,314
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           190
<OTHER-SE>                                     370,605
<TOTAL-LIABILITY-AND-EQUITY>                 1,690,858
<PREMIUMS>                                     412,624
<INVESTMENT-INCOME>                             25,576
<INVESTMENT-GAINS>                                 106
<OTHER-INCOME>                                   5,160
<BENEFITS>                                     212,860
<UNDERWRITING-AMORTIZATION>                    109,691
<UNDERWRITING-OTHER>                            33,344
<INCOME-PRETAX>                                 77,488
<INCOME-TAX>                                    26,664
<INCOME-CONTINUING>                             50,824
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    47,106
<EPS-PRIMARY>                                     2.53
<EPS-DILUTED>                                        0
<RESERVE-OPEN>                                 247,224
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                555,282
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
AO 120 (Rev. 08/10) 

TO: Mail Stop 8

Director of the U.S. Patent and Trademark Office

P.O. Box 1450

Alexandria, VA 22313-1450

REPORT ON THE

FILING OR DETERMINATION OF AN

ACTION REGARDING A PATENT OR

TRADEMARK

In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been

filed in the U.S. District Court on the following

G Trademarks or G Patents. ( G the patent action involves 35 U.S.C. § 292.):

DOCKET NO. DATE FILED U.S. DISTRICT COURT

PLAINTIFF DEFENDANT

PATENT OR

TRADEMARK NO.

DATE OF PATENT 

OR TRADEMARK HOLDER OF PATENT OR TRADEMARK

 1

 2

 3

 4

 5

In the above—entitled case, the following patent(s)/ trademark(s) have been included:

DATE INCLUDED INCLUDED BY

G Amendment G Answer G Cross Bill G Other Pleading

PATENT OR

TRADEMARK NO.

DATE OF PATENT 

OR TRADEMARK HOLDER OF PATENT OR TRADEMARK

 1

 2

 3

 4

 5

In the above—entitled case, the following decision has been rendered or judgement issued:

DECISION/JUDGEMENT

CLERK (BY) DEPUTY CLERK DATE

Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director

Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy

Case 2:23-cv-00591-JRG-RSP Document 2 Filed 12/12/23 Page 1 of 1 PageID #: 181
Aaron RICHARDSON, Petitioner, v. UNITED STATES.

No. 19-7876.

Supreme Court of the United States.

April 6, 2020

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