alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-8390

FELIX ORIAKHI, 

 Petitioner - Appellant, 

 v. 

UNITED STATES OF AMERICA, 

 Respondent - Appellee. 

Appeal from the United States District Court for the District of 

Maryland, at Greenbelt. Peter J. Messitte, Senior District 

Judge. (8:08-cv-00893-PJM; 1:90-cr-00072-PJM-12) 

Submitted: April 16, 2009 Decided: April 24, 2009 

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Felix Oriakhi, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. 
PER CURIAM: 

 Felix Oriakhi seeks to appeal the district court’s 

order construing his “Petition for Writ of Audita Querela” as a 

motion pursuant to 28 U.S.C. § 2255 (2000), and denying it for 

failure to first obtain authorization from this court to file a 

successive § 2255 motion. See 28 U.S.C. §§ 2244(b)(2), 2255 

(2006). He also seeks to appeal the district court’s order 

denying his Fed. R. Civ. P. 59(e) motion. The orders are not 

appealable unless a circuit justice or judge issues a 

certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A 

certificate of appealability will not issue absent “a 

substantial showing of the denial of a constitutional right.” 

28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this 

standard by demonstrating that reasonable jurists would find 

that any assessment of the constitutional claims by the district 

court is debatable or wrong and that any dispositive procedural 

ruling by the district court is likewise debatable. Miller-El 

v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 

U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th 

Cir. 2001). We have independently reviewed the record and 

conclude that Oriakhi has not made the requisite showing. 

Accordingly, we deny a certificate of appealability, deny 

Oriakhi’s motion to consolidate, and dismiss the appeal. We 

dispense with oral argument because the facts and legal 

2 
3 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process. 

DISMISSED
Casey Dullea PEPPIN, Petitioner v. WASHINGTON

No. 19-6373

Supreme Court of the United States.

November 25, 2019

*558Petition for writ of certiorari to the Court of Appeals of Washington, Division 3 denied.
Steven Allen BRENDE, Petitioner, v. Darin YOUNG, Warden, et al.

No. 18-9713

Supreme Court of the United States.

October 7, 2019

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

**CERTIFICATION      OF CHIEF FINANCIAL OFFICER **

**PURSUANT      TO 18 U.S.C. SECTION 1350 **

| 1.     | Such                Quarterly Report on Form 10-QSB for the period ending March 31, 2007,                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 such Quarterly Report on Form 10-QSB for                the                period ending March 31, 2007, fairly presents, in all material respects,                the financial condition and results of operations of Effective Profitable                Software, Inc. |
AMBAC ASSURANCE CORPORATION, Petitioner v. FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO, et al.

No. 19-387

Supreme Court of the United States.

January 13, 2020

Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.
Heidi C. LILLEY, Kia Sinclair, and Ginger M. Pierro, Petitioners, v. NEW HAMPSHIRE.

No. 19-64

Supreme Court of the United States.

January 13, 2020

Petition for writ of certiorari to the Supreme Court of New Hampshire denied.
Darin JONES, Petitioner v. DEPARTMENT OF JUSTICE, et al.

No. 19-470

Supreme Court of the United States.

December 9, 2019

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

Justice Kavanaugh took no part in the consideration or decision of this petition.
STATE of Arizona, Plaintiff v. Richard SACKLER, et al.

No. 151, Original.

Supreme Court of the United States.

Dec. 9, 2019.

Motion for leave to file a bill of complaint denied.
Frank FERNANDEZ, Petitioner, v. UNITED STATES.

No. 19-6689

Supreme Court of the United States.

January 27, 2020

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

Justice Sotomayor, with whom Justice Ginsburg joins, dissenting from the denial of certiorari:

I dissent for the reasons set out in *Brown* v. *United States* , 586 U.S. ----, 139 S.Ct. 14, 202 L.Ed.2d 302 (2018) (Sotomayor, J., dissenting).
James W. GUY, Petitioner, v. OHIO.

No. 19-7026

Supreme Court of the United States.

January 27, 2020

Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County denied.
<PAGE>
                                                                   EXHIBIT 10.11

December 23, 2003


Mr. Glenn Mealey
9800 Richmond Avenue
Suite 680
Houston, Texas  77042

Dear Glenn:

This letter shall serve as a conditional offer of employment to you by Franklin
Bank S.S.B ("Franklin") and Franklin Bank Corp. This offer is conditional upon
the happening of the initial public offering of Franklin Bank Corp (the "IPO").
Thus, if you accept this offer and the IPO occurs, this letter agreement will
take effect and supersede the prior letter agreement between you and by Franklin
setting forth certain terms of your employment. If the IPO does not occur, this
letter will be null and void and of no force and effect.

The above referenced offer is as follows:

Position:          Managing Director - Administration

Salary & Bonus:    Your current salary is $150,000 per annum and you will
                   participate in Franklin's bonus program with a 2004 target
                   of $75,000.

Restricted Stock:  In connection with the IPO, you will receive shares of
                   restricted stock of Franklin Bank Corp. as set forth in a
                   separate restricted stock award agreement

Expenses:          You will receive annual allowances as follows: auto --
                   $8,000 and club dues $5,000.

Severance:         Generally, you will receive a severance of six months'
                   salary continuation, if terminated by Franklin without cause
                   prior to a change of control. However, after a change of
                   control, you will be provided with severance and other
                   benefits under a change of control employment agreement in
                   accordance with the terms of that agreement, which is
                   attached hereto.

Please note that at no point in time will this letter or the offer that it
memorializes, serve as or be construed to grant you, a guarantee of employment
for any period of time. You will be at all times an employee at will.
<PAGE>
Please also note that this offer, and the above particulars, are subject to
Franklin's policies, any Franklin Bank Corp. Board of Directors' resolution or
directive regarding the same and the approval of Franklin Bank Corp.'s Board of
Directors.

Please confirm your acceptance of this offer of employment by signing this
letter where indicated and returning the executed original to our offices.
Should you have any questions about this offer of employment or the company,
please call the company at the above phone number.

Very truly yours,


By:  ____________________________
Name:  Anthony J. Nocella
Title: Chief Executive Officer

ACCEPTED:

_____________________________________   Date:   _____________________
Glenn Mealey
# C_2015127EN.01001901.xml

| 20.4.2015 | EN | Official Journal of the European Union | C 127/19 |
| --- | --- | --- | --- |

20.4.2015

EN

Official Journal of the European Union

C 127/19

---

Judgment of the General Court of 27 February 2015 — LS Fashion v OHIM — Gestión de Activos Isorana (L’Wren Scott)

(Case T-41/12) (1)

1

((Community trade mark - Opposition proceedings - Application for Community word mark L’Wren Scott - Earlier national word mark LOREN SCOTT - Relative ground for refusal - Genuine use of the mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - No likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009))

(2015/C 127/25)

Language of the case: English

Parties

Parties

Applicant: LS Fashion, LLC (Wilmington, Delaware, United States) (represented by: R. Black and S. Davies, Solicitors)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Gestión de Activos Isorana, SL (La Orotava, Spain) (represented by: F. Brandolini Kujman, J.-B. Devaureix and L. Montoya Terán, lawyers)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court:

Re:

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 November 2011 (Case R 1584/2009-4) concerning opposition proceedings between Gestión de Activos Isorana, SL, and LS Fashion, LLC.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders LS Fashion, LLC to pay the costs. |
| --- | --- |

2.

Orders LS Fashion, LLC to pay the costs.

---

(1)  OJ C 109, 14.4.2012.

1

---
TRAVELERS SERIES FUND INC.
on behalf of the 
Van Kampen American Capital Enterprise Portfolio
	Supplement dated February 28, 1997 to 
	Prospectus dated February 28, 1997


	Van Kampen American Capital Asset Management, Inc. (the Sub-Adviser), 
is a wholly owned subsidiary of Morgan Stanley Group Inc. (Morgan Stanley). 
 On February 5, 1997, Morgan Stanley and Dean Witter, Discover & Co. announced 
that they had entered into an Agreement and Plan of Merger to form Morgan 
Stanley, Dean Witter, Discover & Co. (Morgan Stanley Dean Witter).  Dean 
Witter, Discover & Co. is a financial services company with three major 
businesses: full brokerage, credit services and asset management.

	The proposed transaction may be deemed to cause an assignment, within 
the meaning of the Investment Company Act of 1940 and the Investment Advisers 
Act of 1940, of the investment subadvisory agreement between Travelers Series 
Fund Inc. (the Fund) on behalf of the Portfolio, Smith Barney Mutual Funds 
Management Inc. (the Manager) and the Sub-Adviser. Under its terms, the 
Portfolios current investment subadvisory agreement will automatically 
terminate upon the transfer of control of the Sub-Adviser from Morgan Stanley 
to Morgan Stanley Dean Witter. Management of the Fund currently anticipates 
that the Board of Directors will consider and approve the Sub-Advisers 
continued role as investment Sub-Adviser to the Portfolio. The terms, 
including the investment subadvisory fee, of the new investment subadvisory 
agreement are the same in all material respects as those of the current 
investment subadvisory agreement.  A new investment subadvisory agreement will 
not become effective, however, until the shareholders of the Portfolio vote to 
approve its terms. Management will recommend to the Board of Directors that a 
special meeting of shareholders be called to consider and approve the 
investment subadvisory fees under the new investment subadvisory agreement.

	Subject to a number of conditions being met, it is currently anticipated 
that a closing will occur on or about June 25, 1997.  Thereafter, the Sub-
Adviser will be an indirect subsidiary of Morgan Stanley Dean Witter.
	
		

		



g:\funds\$sts\misc.\stick297.vka
Exhibit 35.1

SERVICER COMPLIANCE STATEMENT

In connection with the Annual Report on Form 10-K of Drive Auto Receivables Trust 2018-1 for the fiscal year ended December 31, 2019, (the “Report”), the undersigned, a
duly authorized officer of Santander Consumer USA Inc. (the “Servicer”), does hereby certify and represent that:

| | 1. | A review of the activities and performance of the Servicer under the Sale and Servicing Agreement, dated as of February 21, 2018, among Santander Drive Auto Receivables
LLC, Santander Consumer USA Inc., Drive Auto Receivables Trust 2018-1 and Wilmington Trust, National Association (the “Agreement”) during the period that is the subject of the Report has been made under my
supervision.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | 2. | To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Agreement in all material respects throughout the period
that is the subject of the Report.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | SANTANDER CONSUMER USA INC.
| | ---------------------------
| |                            
| | By:                        
| | Name:                      
| | Title:                     
| | Date:                      
| |                            
| | By:                        
| | Name:                      
| | Title:                     
| | Date:
Reggie D. CASWELL, Petitioner v. NEW YORK

No. 19-6160

Supreme Court of the United States.

November 18, 2019

Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department denied.
Larry Dean COCHRUN, Petitioner, v. Bob DOOLEY, Warden.

No. 19-5692

Supreme Court of the United States.

January 13, 2020

The petition for rehearing is denied.
EXHIBIT 32

CERTIFICATION

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Solely for the purpose of complying with 18 U.S.C. §1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned in his capacity
as an officer of Fremont Michigan InsuraCorp, Inc. (the Company) hereby certifies, to such officers knowledge, that:



|1. | The accompanying Quarterly Report on Form 10-Q of the Company for the period ended June 30, 2007 (the Report) fully complies with the requirements of
Section 13(a) or Section 15(d), as applicable, 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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |  |  |                                                          
|--------------------- |  |  |  | ---------------------------------------------------------
|                      |  | 
|Date: August 13, 2007 |  |  |  | /s/ Richard E. Dunning                                   
|                      |  |  |  | Richard E. Dunning, President and Chief Executive Officer
|                      |  | 
|Date: August 13, 2007 |  |  |  | /s/ Kevin G. Kaastra                                     
|                      |  |  |  | Kevin G. Kaastra, Vice President of Finance              
|                      |  |  |  | (principal financial and accounting officer)             

The foregoing certifications are being furnished solely to accompany the Report pursuant to 18 U.S.C. §1350,
and are not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and are not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any
general incorporation language in such filing.
Exhibit 31

Certifications

I, Richard Simpson, certify that:

1.I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Benchmark 2018-B3 Commercial Mortgage Trust (the “Exchange Act periodic reports”);

2.Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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 this report;

3.Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;

4.Based on my knowledge and the servicer compliance statement(s) required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreements in all material respects; and

5.All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report.  Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.

In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties:  Midland Loan Services, a Division of PNC Bank, National Association; Park Bridge Lender Services LLC; U.S. Bank National Association; KeyBank National Association; CWCapital Asset Management LLC; Pentalpha Surveillance LLC; Wells Fargo Bank, National Association; Computershare Trust Company, National Association; LNR Partners, LLC; CoreLogic Solutions, LLC; and Wilmington Trust, National Association. 

Date:March 30, 2022

|  | /s/ Richard Simpson ___________________Richard SimpsonPresident, Citigroup Commercial Mortgage Securities Inc.(senior officer in charge of securitization of the depositor) |
|--|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

Benchmark 2018-B3 Certifications
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be

published and is not precedent except under the limited circumstancesset forth in 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-10142

UNITED STATES OF AMERICA,

Plaintiff-appellee,

versus

LONZO HURD,

Defendant-Appellant.

Appeal from the United States District Court

for the Northern District of Texas

(3:97-CR-260-6-R)

February 5, 1999

Before REYNALDO G. GARZA, POLITZ, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Lonzo Hurd appeals his conviction on a guilty plea of violating 18 U.S.C. §

666, contending that the district court erred in failing to dismiss the indictment.

Having considered the briefs and oral arguments of the parties, in light of the

pertinent parts of the record, and finding no error, the judgment appealed is

AFFIRMED.
# Official Journal C 172/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 172 |
| | |
| English edition | Information and Notices | Volume 6031 May 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 172

English edition

Information and Notices

Volume 6031 May 2017

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 172/01 | Euro exchange rates | 1 |
| 2017/C 172/02 | Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006)
   (
  1
  ) | 2 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 172/01

Euro exchange rates

1

2017/C 172/02

Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006)
   (
  1
  )

(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006)

1

2

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 172/03 | Prior notification of a concentration (Case M.8475 — SoftBank Group/Fortress Investment Group) — Candidate case for simplified procedure (
  1
  ) | 3 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 172/03

Prior notification of a concentration (Case M.8475 — SoftBank Group/Fortress Investment Group) — Candidate case for simplified procedure (
  1
  )

1

3

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

RYAN MAXWELL,

Appellant,

v.

JOHN EDWARDS and BRINDLEY KUIPER, et al.,

Appellees.

No. 4D18-1680

[April 18, 2019]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Janis Brustares Keyser, Judge; L.T. Case Nos. 

2014CP004841XXXXMB, 502015CP00490.

Joseph L. Rebak and Lorayne Perez of Akerman LLP, Miami, for 

appellant.

Kyle P. Egger of Nearing & Egger, PLLC, Miami and Erik W. Scharf of 

Scharf Appellate Group, Miami, for appellees.

PER CURIAM.

Affirmed.

MAY, CIKLIN and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
CITY OF CHICAGO, ILLINOIS, Petitioner v. Robbin L. FULTON, et al.

No. 19-357

Supreme Court of the United States.

December 18, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted.