alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Petition for Writ of Mandamus Denied and Memorandum Opinion filed April

23 , 2024.

In The



## Fourteenth Court of Appeals

NO. 14

- 23

- 00977

- CV

IN RE STEIG ERICKSON , Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 312th District Court Harris County, Texas Trial Court Cause No. 2023

- 47632



### MEMORANDUM OPINION

On December 29, 2023 , relator S teig Erickson filed a petition for writ of

m andamus in this c ourt. See Tex. Gov’t Code Ann. § 22.221 (c)(2) ; see also Tex. R. App. P. 52. In the petition, relator asks this c ourt to compel the Honorable2

Treasea Trevi ñ o, associate judge of the 312th District Court of Harris County

, to vacate the trial court’s December 21, 2023 temporary orders

. 1

Relator ha s not established that he is entitled to mandamus relief. Accordingly, we deny relator ’ s petition for writ of mandamus.

PER CURIAM

Panel c onsists of Justices Bourliot, Zimmerer, and Spain.

1 The Honorable Treasea Treviño is an associate judge of the 312th Family District Court of Harris County . The Honorable Teresa J. Waldrop is the presiding judge. J udge Treviño signed the complained

- of temporary order s

. See Tex. Gov ’ t Code Ann. § 22.221(c)(2) ( writ power over “ an associate judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the judge who appointed the associate judge ” ).
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-7303

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

NATHAN D. DEBREW,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr.,

District Judge. (CR-94-156, CA-95-412)

Submitted: February 13, 1997 Decided: February 26, 1997

Before WIDENER and HAMILTON, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Nathan D. Debrew, Appellant Pro Se. Douglas Cannon, Assistant

United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order denying his

motion filed under 28 U.S.C. § 2255 (1994), as amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-

132, 110 Stat. 1214. We have reviewed the record and the district

court's opinion accepting the recommendation of the magistrate

judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss on the reasoning of the district

court. United States v. Debrew, Nos. CR-94-156; CA-95-412 (M.D.N.C.

Aug. 1, 1996). 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.

DISMISSED
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
This schedule contains summary financial information extracted from the
Statement of Condition and the Statement of Operation for the period ended
September 30, 1999 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                           3,752
<INT-BEARING-DEPOSITS>                             351
<FED-FUNDS-SOLD>                                 3,550
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                          25,317
<INVESTMENTS-MARKET>                            24,676
<LOANS>                                        417,747
<ALLOWANCE>                                      2,942
<TOTAL-ASSETS>                                 466,003
<DEPOSITS>                                     334,004
<SHORT-TERM>                                    40,000
<LIABILITIES-OTHER>                             10,888
<LONG-TERM>                                     41,024
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            44
<OTHER-SE>                                      40,043
<TOTAL-LIABILITIES-AND-EQUITY>                 466,003
<INTEREST-LOAN>                                  8,595
<INTEREST-INVEST>                                  517
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                 9,112
<INTEREST-DEPOSIT>                               3,869
<INTEREST-EXPENSE>                               4,900
<INTEREST-INCOME-NET>                            4,212
<LOAN-LOSSES>                                      350
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  1,016
<INCOME-PRETAX>                                  2,327
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,552
<EPS-BASIC>                                       0.35
<EPS-DILUTED>                                     0.34
<YIELD-ACTUAL>                                   3.470
<LOANS-NON>                                      4,945
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 2,630
<CHARGE-OFFS>                                       38
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                2,942
<ALLOWANCE-DOMESTIC>                             2,942
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          2,941


</TABLE>
EXHIBIT 10.20


 


Marten Transport, Ltd.


Named Executive Officers’
Compensation Summary


 


On May 3, 2005, Marten Transport, Ltd.’s
(the “Company’s”) Compensation Committee approved a 3% increase to the base
salary, retroactive to April 1, 2005, for the Company’s “named executive
officers” (defined in Regulation S-K Item 402(a)(3)), except for Randolph L.
Marten, the Company’s Chairman, President and Chief Executive Officer, and
Darrell D. Rubel, the Company’s Executive Vice President, Chief Financial
Officer and Treasurer.  Effective April 1,
2005, the named executive officers are scheduled to receive the following
annual base salaries in their current positions:


 


	
  Name
  and Current Position

  	
   

  	
  Base Salary

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Randolph L. Marten

  	
   

  	
  $400,000

  	
   

  
	
  (Chairman, President and Chief Executive Officer)

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Darrell D. Rubel

  	
   

  	
  $192,000

  	
   

  
	
  (Executive Vice President, Chief Financial Officer
  and Treasurer)

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Robert G. Smith

  	
   

  	
  $201,594

  	
   

  
	
  (Chief Operating Officer)

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Timothy P. Nash

  	
   

  	
  $201,594

  	
   

  
	
  (Executive Vice President of Sales and Marketing)

  	
   

  	
   

  	
   

  



 


All other executive officers of the Company
also received a 3% increase to their base salary, retroactive to April 1,
2005.


 


On May 3, 2005, the Compensation
Committee also approved the following arrangement regarding use of the Company’s
corporate aircraft by the Company’s executive officers.  If any executive
officer uses the Company’s corporate aircraft for combined business/personal
use under applicable IRS regulations, the Company will include in the executive
officer’s taxable income the sum of the value of such personnel use in
accordance with IRS regulations and the related income taxes on such value,
which are paid by the Company.
# L_2012308EN.01000101.xml

| 8.11.2012 | EN | Official Journal of the European Union | L 308/1 |
| --- | --- | --- | --- |

8.11.2012

EN

Official Journal of the European Union

L 308/1

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1030/2012

of 26 October 2012

entering a name in the register of protected designations of origin and protected geographical indications (Isle of Man Queenies (PDO))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, the United Kingdom’s application to register the name ‘Isle of Man Queenies’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, the United Kingdom’s application to register the name ‘Isle of Man Queenies’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 October 2012.

For the Commission, On behalf of the President,

Dacian CIOLOȘ

Member of the Commission

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ C 38, 11.2.2012, p. 32.

2

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.7.   Fresh fish, molluscs and crustaceans and products derived therefrom

UNITED KINGDOM

Isle of Man Queenies (PDO)

---
**Exhibit23.2**

**CONSENT OF INDEPENDENT REGISTERED PUBLICACCOUNTING FIRM**

 

We consent to theincorporation by reference in the registration statements on Form S-8 (No.333-91120) and on Form S-4 (No. 333-122945) of MarkWest Hydrocarbon, Inc. ofour report dated October 14, 2005, with respect to the consolidated statementsof operations, comprehensive income (loss), changes in stockholders’ equity andcash flows of MarkWest Hydrocarbon, Inc. for the year ended December 31, 2004,which report appears in the December 31, 2006, annual report on Form 10-K/A ofMarkWest Hydrocarbon, Inc.

/s/KPMG LLPDenver, Colorado March 21, 2007

 

----
STATE of North Carolina v. John A. BRODIE.

No. 568P05.

Supreme Court of North Carolina.

November 3, 2005.

Matthew D. Wunsche, Assistant Appellate Defender, for John A. Brodie.

Kathryn J. Thomas, Assistant Attorney General, Ben David, District Attorney, for State of NC.

*ORDER*

Upon consideration of the petition filed on the 11th day of October 2005 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 3rd day of November 2005."
**EXHIBIT
11 - STATEMENTS RE: COMPUTATION OF PER SHARE EARNINGS**
 
 **Appalachian
Bancshares, Inc.**
 Computation
of Net Income Per Common Share
 
 The
following tabulation presents the calculation of basic and diluted earnings per
common share for the years ended December 31, 2004, 2003 and 2002. All share
amounts have been retroactively adjusted to give effect to the ten percent stock
dividend issued in July 2003.
 
 **2004**
    
    2003
    
    2002**Basic
      Earnings Per Share:**Net
      income
    
    **$**
    **4,047,014**
    
    $
    3,086,580
    
    $
    2,668,008Earnings
      on common shares
    
    **$**
    **4,047,014**
    
    $
    3,086,580
    
    $
    2,668,008Weighted
      average common shares outstanding - basic
    
    
    **3,724,095**
    
    
    3,609,728
    
    
    3,277,787Basic
      earnings per common share
    
    **$**
    **1.09**
    
    $
    0.86
    
    $
    0.81**Diluted
      Earnings Per Share:**Net
      income
    
    **$**
    **4,047,014**
    
    $
    3,086,580
    
    $
    2,668,008Weighted
      average common shares outstanding
    
    
    **3,724,095**
    
    
    3,609,728
    
    
    3,277,787Net
      effect of the assumed exercise of stock
      options
      - based on the treasury stock method
      using
      average market price for the year
    
    
    **161,395**
    
    
    199,897
    
    
    230,232Weighted
      average common shares outstanding -
      diluted
    
    
    **3,885,490**
    
    
    3,809,625
    
    
    3,508,019Diluted
      earnings per common share
    
    **$**
    **1.04**
    
    $
    0.81
    
    $
    0.76
[Federal Register Volume 87, Number 132 (Tuesday, July 12, 2022)]
[Notices]
[Pages 41290-41291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14786]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC168]


Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; public meeting.

-----------------------------------------------------------------------

SUMMARY: The Mid-Atlantic Fishery Management Council's Summer Flounder, 
Scup, and Black Sea Bass Monitoring Committee will hold a public 
webinar meeting.

DATES: The meeting will be held on Thursday, July 28, 2022, from 9 a.m. 
until 1 p.m. EDT. For agenda details, see SUPPLEMENTARY INFORMATION.

ADDRESSES: The meeting will be held via webinar. Connection information 
will be posted to the calendar prior to the meeting at www.mafmc.org.
    Council address: Mid-Atlantic Fishery Management Council, 800 N 
State Street, Suite 201, Dover, DE 19901; telephone: (302) 674-2331; 
www.mafmc.org.

FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D., Executive 
Director, Mid-Atlantic Fishery Management Council, telephone: (302) 
526-5255.

SUPPLEMENTARY INFORMATION: The Summer Flounder, Scup, and Black Sea 
Bass Monitoring Committee will meet via webinar to review previously 
adopted 2023 commercial and recreational Annual Catch Limits, Annual 
Catch Targets, commercial quotas, and recreational harvest limits for 
summer flounder, scup, and black sea bass and recommend changes as 
appropriate. In addition, the Monitoring Committee will review 
commercial management measures for all three species and recommend 
changes if needed. During this meeting, the Monitoring Committee will 
consider recent fishery performance as well as recommendations from the 
Advisory Panel, Scientific and Statistical Committee, and Council 
staff. Meeting materials will be posted to www.mafmc.org.

[[Page 41291]]

Special Accommodations

    The meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aid should 
be directed to Shelley Spedden, (302) 526-5251, at least 5 days prior 
to the meeting date.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 7, 2022.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2022-14786 Filed 7-11-22; 8:45 am]
BILLING CODE 3510-22-P
* Pursuant to 5 T H C IR

. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED

September 22, 2004

Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-40152 Summary Calendar

TONY CHAVEZ,

Plaintiff-Appellant,

versus

THOMAS PRASIFKA, Senior Warden; RICHARD MORRIS, Major; MARY A GONZALES, Head of Classification; S CULVER, Officer; HODGE, Warden,

Defendants-Appellees.

-------------------- Appeal from the United States District Court
for the Southern District of Texas

(C-02-CV-372)

--------------------

Before WIENER, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM: *

Plaintiff-Appellant Tony Chavez (“Chavez”), Texas prisoner

#868675, appeals the magistrate judge’s grant of summary judgment

to th e defendants in his 42 U.S.C. § 1983 action concerning an

assault on Chavez by an inmate named Armon Shepard (“Shepard”).

Chavez alleged that the defendants were deliberately indifferent to

a substantial risk of serious harm to him by reclassifying Shepard

to a lower security level and allowing him to share a cell with2

Chavez. Chavez argues that he produced evidence sufficient to show

a genuine issue of material fact as to whether Warde n Hodge was

deliberately indifferent to a substantial risk of serious harm to

him by overri ding the state computer’s recommended security

classification for Shepard. Chavez also asserts that the

magistrate judge misconstrued his arguments when ruling on Warden

Hodge’s motion for summary judgment.

We review the grant of a motion for summary judgment de novo.

Guillory v. Domtar Indus., Inc.

, 95 F.3d 1320, 1326 (5th Cir.

1996). Shepard produced no direct evidence showing that Warden

Hodge made the inference that reclassifying Shepard created a

substantial risk of serious harm. Considering the summary judgment

evidence in the light most favorable to Chavez, it does not show

that the risk was so obvious that Warden Hodge must have made the

inference. This is insufficient to create a genuine issue of

material fact as to whether Warden Hodge was deliberately

indifferent to a substantial risk of serious harm to Chavez. See

Adames v. Perez

, 331 F.3d 508, 514 (5th Cir. 2003). Therefore, the

magistrate judge did not err in granting summary judgment to Warden

Hodge on the merits and finding that Warden Hodge was entitled to

qualified immunity. S ee McClendon v. City of Columbia

, 305 F.3d

314, 326-27 (5th Cir. 2002) (en banc). The record refutes Chavez’s

contention that the magistr ate judge misconstrued his arguments.

As Chavez does not argue that the magistrate judge erred by

granting summary judgment to Warden Thomas Prasifka, Major Richard3

Morris, M ary A. Gonzales, and S. Culver, he has waived all such

arguments. S ee Brinkmann v. Dallas Count y Deputy Sheriff Abner

,

813 F.2d 744, 748 (5th Cir. 1987).

AFFIRMED.
OFFICE OF THE A-ITORNEY GENERAL OF TEXAS 

AU6TlN 

OclliLD 0. WANI4 

*mmw?ORxx-. Oordon a. 0666 

Couaty Att0rn.y 

Lanpa8as Oouaty 

Lampasao, Texas 

Dear Sir: 

Oplnlon IL O-w16 

Re: Auth0rit.y of Colrmlaolomm~ 

C0uS to grant a oroaaing 

of railroad by private road. 

October 9, 

lb10 will aoknonl& reooipt or your mguecit of 

1941, a6 followa: 

-Gould the Comaisslonere Court or La~lpaeas 

County, Texan, hrre thr suthoritr to grant and 

open a privets orosslng acro66 a railroad &ero 

the railroad dlrldes the landowaor~s property 

upon the raqueet ot the lendowmrPm 

It is the opinion of'thla deparbirnth6t ouoh 

authority does not 6xl8t. The CoPmiralonsrr Court niay lay 

out rmd8 on3y I&-M A pub110 aeoerrslty exlntn but not 

tcr the bsneflt of l prltato wty. Sms Dunhp’t~ Rardln 

223 8.W. 7ll; Orgy v* Law18 86 S.?Z. 12C) 603; Ibseley Ye 

Bradford 190 S.01, 624. Tho right oi omlnent dcamln MI br 

rxorolsrd Sor the l atabllrhmeat of pub110 roads but sot 

of privet0 onea* See Leathors v. Craig 226 0.3. 993. 

IZhathrr or not a road 1 6 l prlvato or publlo ' 

road or ooureo doporrdr upon tho iaots ln oao:3 oars. But 

you halo ollmlaatod the iaot quertlcm l lnoo your roquoat 

is lialte4 to 8 prltato oroshqj. 

Trustlag that t!.Li6 fully 6n6were your puo6tlcu we are 

-_ “.‘;T’-...-- - .,_.. j--- 

. . .._ ._ . .._ - 

DDK:p6 

Very truly yours 

ATTolmmWxEmLc?TElus - 

w 

r
Michael G. RIPELLINO, Louise A. Ripellino, and Nicole Ripellino v. THE NORTH CAROLINA SCHOOL BOARDS ASSOCIATION, INCORPORATED; North Carolina School Boards Trust, a Division and/or Department of, Created and Administered by, the North Carolina School Boards Association, Incorporated; 1982 North Carolina School Boards Association Self-Funded Trust Fund, a Division and/or Department of, Created and Administered by, the North Carolina School Boards Association, Incorporated; 1986 North Carolina School Boards Association Self-Funded Errors and Omissions/General Liability Trust Fund, a Division and/or Department of, Created and Administered by, the North Carolina School Boards Association, Incorporated; 1997 North Carolina School Boards Association Self-Funded Auto/Inland Marine Trust Fund, a Division and/or Department of, Created and Administered by, the North Carolina School Boards Association, Incorporated; and the Johnston County Board of Education.

No. 180A06.

Supreme Court of North Carolina.

June 29, 2006.

Stephanie H. Autry, Rachel B. Esposito, Meredith T. Black, Raleigh, James R. Lawrence, Jr., for Johnston County Bd. of Ed.

Bradley N. Schulz, Smithfield, for Michael Ripellino, et al.

Barbara B. Weyher, Raleigh, T. Carlton Younger, III, for School Boards Asso., et al.

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendant (Johnston County Board of Education) on the 6th day of April 2006 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

"Dismissed Ex Mero Motu by order of the Court in conference, this the 29th day of June 2006."

Upon consideration of the petition for discretionary review, filed by Defendant (Johnston County Board of Education) on the 6th day of April 2006 in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petition for discretionary review as to additional issues is

"Allowed by order of the Court in conference, this the 29th day of June 2006."

Accordingly, the new brief of the Defendant (Johnston County Board of Education) shall be filed with this Court not more than 30 days from the date of certification of this order.