alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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 circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-50960

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KENNETH W. HUDSON,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. A-95-CR-58-ALL

- - - - - - - - - -

August 20, 1998

Before KING, HIGGINBOTHAM, and JONES, Circuit Judges.

PER CURIAM:*

Kenneth W. Hudson, now Texas prisoner #732670, appeals from

the denial of his motion to remove a federal detainer against

him. This court must examine the basis of its jurisdiction on

its own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660

(5th Cir. 1987). A timely notice of appeal is a prerequisite for

the exercise of jurisdiction by this court. United States v.

Carr, 979 F.2d 51, 55 (5th Cir. 1992).

Hudson’s motion to have the detainer removed was a challenge

to the manner in which his sentence is being executed. The 
No. 97-50960

-2-

motion therefore was a petition for relief pursuant to 28 U.S.C.

§ 2241. United States v. Tubwell, 37 F.3d 175, 177 (5th Cir.

1994). Hudson had until September 26, 1997, to file a timely

notice of appeal from the denial of his § 2241 petition. His

October notice of appeal was untimely. We lack jurisdiction over

Hudson’s appeal.

APPEAL DISMISSED.
ARMSTRONG v. HOMEOWNERS ASSO.

No. 640PA05.

Supreme Court of North Carolina.

March 23, 2006.

Roy H. Michaux, Jr., Charlotte, for Robert & Vivian Armstrong.

Ted F. Mitchell, for The Ledges Homeowners Asso.

Robert E. Dungan, Jr., Asheville, for Owners of Lots-Myers, et al.

Hope Derby Carmichael, Brian S. Edlin, Roger W. Knight, Raleigh, for Community Association.

The following order has been entered on the motion filed on the 22nd day of March 2006 by Amicus (Research Triangle of the Community Association Institute) to participate in oral argument:

"Motion Allowed by order of the Court in conference this the 23rd day of March 2006."
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1742
JEROME D. MOORE, Plaintiff - Appellant, versus SOUTHTRUST CORPORATION, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Vi rginia, at Norfolk. Jerome B. Friedman, District Judge. (CA-04-391-2) Submitted: January 31, 2006 Decided: March 28, 2006 Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Jerome D. Moore, Appellant Pro Se. William McCardell Furr, John T. McDonald, WILLCOX & SAVAGE, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Jerome D. Moore appeals the district court’s order granting summary judgment for SouthTrust Corporation and dismissing his claims of breach of contract and violations of the Electronic Funds Transfer Act, 15 U.S.C. § 1693 (2000). We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. SeeMoore v. SouthTrust Corp. , No. CA-04-391-2-JBF (E.D. Va. June 10, 2005). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
EXHIBIT 32.1 CEO CERTIFICATIONS UNDER SECTION 906





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 of Marketing Worldwide, Corporation (the
"Company") on Form 10-Q for the period ending December 31, 2009 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Michael Winzkowski, Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, to
my knowledge 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 result of operations of the Company.




/s/ Michael WinzkowskiMichael
      WinzkowskiChief
      Executive OfficerFebruary
      19, 2010
**EXHIBIT32.1**

**CERTIFICATION**

I, Brian F. Lavin,President and Chief Executive Officer of NTS Realty Capital, Inc., the managinggeneral partner of NTS Realty Holdings Limited Partnership (the “Company”),certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.Section 1350, that:

1.                                       TheQuarterly Report on Form 10-Q of the Company for the quarter ended June 30,2007 (the “Report”) fully complies with the requirements of Section 13(a) ofthe Securities Exchange Act of 1934 (15 U.S.C. 78m); and

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

Dated:             August 10, 2007
| * /s/ Brian F. Lavin*                                 | * * |
|------------------------------------------------------------|----------|
| President and Chief Executive Officer of                   |
| NTS Realty Capital, Inc., the Managing General  Partner of |
| NTS Realty Holdings Limited Partnership                    |

 

A signed originalof this written statement required by Section 906 has been provided to theCompany and will be retained by the Company and furnished to the Securities andExchange Commission or its staff upon request.

 

----
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Inter-American Foundation

# TIME AND DATE: 

July 26, 2022, 9 a.m.-12:30 p.m. ET.

# PLACE: 

Inter-American Foundation Office, 1331 Pennsylvania Ave. NW, Suite 1200 North, Washington, DC 20004.

# STATUS: 

Meeting of the IAF Board of Directors, open to the public, portion closed to the public.

# MATTERS TO BE CONSIDERED:

 Call to Order from the Board Chair

 Overview of Meeting Rules by Associate General Counsel

 Approval of April 6, 2022 Meeting Minutes

 President/CEO update

 Management Team Updates

 Adjournment

*Portion to be Closed to the Public:*                     Executive session closed to the public as provided for by 22 CFR 1004.4(b).                

# CONTACT PERSON FOR MORE INFORMATION: 

Nicole Stinson, Associate General Counsel, (202) 683-7117.

*For Dial-in Information Contact:*                         Nicole Stinson, Associate General Counsel, (202) 683-7117.                    

The Inter-American Foundation is holding this meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b).

Nicole Stinson,

Associate General Counsel.

[FR Doc. 2022-14944 Filed 7-8-22; 4:15 pm]

BILLING CODE 7025-01-P
STATE of North Carolina v. Lindo NICKERSON.

No. 630P05.

Supreme Court of North Carolina.

March 2, 2006.

Robert C. Trenkle, for Lindo Nickerson.

Thomas G. Meacham, Jr., Assistant Attorney General, Sam Currin, District Attorney, for State of NC.

*ORDER*

Upon consideration of the petition filed on the 8th day of November 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 2nd day of March 2006."
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5538 Introduced in House (IH)]

110th CONGRESS
  2d Session
                                H. R. 5538

       To suspend temporarily the duty on certain sleeping bags.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2008

  Mr. Nunes introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
       To suspend temporarily the duty on certain sleeping bags.

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

SECTION 1. CERTAIN SLEEPING BAGS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.01.00       Sleeping bags of    Free         No change        No change        On or before 12/ ''.
                          manmade fiber,                                                     31/2011.......
                          containing 20% or
                          more by weight of
                          feathers and or
                          down, valued over
                          $40 (provided for
                          in subheading
                          9404.30.40)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
EXHIBIT 32


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



      The undersigned executive officers of the Registrant hereby certify that
this Quarterly Report on Form 10-Q for the quarter ended March 31, 2004 (the
"Report") fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, and the information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Registrant.


                              By:   /s/ John R. Male
                                    -------------------------------
                                    Name:  John R. Male
                                    Title: Chairman of the Board and
                                             Chief Executive Officer


                              By:   /s/ C. Keith Swaney
                                    -------------------------------
                                    Name:   C. Keith Swaney
                                    Title:  President, Chief Operating
                                             Officer and Treasurer




Date: May 14, 2004
STATE v. ROBERTSON

No. COA05-1110

North Carolina Court of Appeals

Filed March 21, 2006

Certification Date April 10, 2006

Appeal from Rowan (04CRS51805, 04CRS51806).

Case reported without published opinion. No error.
In the Senate of the United States, 

June 26, 2008. 

Resolved, That the bill from the House of Representatives (H.R. 5690) entitled ‘‘An Act to remove the African National Congress from treatment as a terrorist organization for 

certain acts or events, provide relief for certain members of 

the African National Congress regarding admissibility, and 

for other purposes.’’, do pass with the following 

AMENDMENT: 

On page 2, strike line 12 through the end of line 21 

and insert the following: 

1 (a) EXEMPTION AUTHORITY.—The Secretary of State, 

2 after consultation with the Attorney General and the Sec3 retary of Homeland Security, or the Secretary of Homeland 

4 Security, after consultation with the Secretary of State and 

5 the Attorney General, may determine, in such Secretary’s 

6 sole and unreviewable discretion, that paragraphs 

7 (2)(A)(i)(I), (2)(B), and (3)(B) (other than clause (i)(II)) 

8 of section 212(a) of the Immigration and Nationality Act 
2 

•HR 5690 EAS 

1 (8 U.S.C. 1182(a)) shall not apply to an alien with respect 

2 to activities undertaken in association with the African Na3 tional Congress in opposition to apartheid rule in South 

4 Africa. 

Attest: 

Secretary. 

110TH CONGRESS 

2D SESSION H.R. 5690 

AMENDMENT
I 

110TH CONGRESS 

2D SESSION H. R. 5337 

To extend the temporary suspension of duty on triphenyltin hydroxide. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 12, 2008 

Mrs. BIGGERT introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To extend the temporary suspension of duty on triphenyltin 

hydroxide. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TRIPHENYLTIN HYDROXIDE. 

4 (a) IN GENERAL.—Heading 9902.22.96 of the Har5 monized Tariff Schedule of the United States (relating to 

6 triphenyltin hydroxide) is amended by striking the date 

7 in the effective period column and inserting ‘‘12/31/2011’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 


jlentini on PROD1PC65 with BILLS
2 

•HR 5337 IH

1 warehouse for consumption, on or after the 15th day after 

2 the date of the enactment of this Act. 

Æ 


jlentini on PROD1PC65 with BILLS
HARRIS-OFFUT v. NC BOARD OF LPC.

No. 3P06.

Supreme Court of North Carolina.

June 29, 2006.

Romallus O. Murphy, Greensboro, for Harris-Offut.

William H. Borden, Special Deputy Attorney General, for Board of LPC.

The following order has been entered on the motion filed on the 3rd day of January 2006 by Plaintiff for Discretionary Review:

"Motion Denied by order of the Court in conference this the 29th day of June 2006."
Exhibit 4.4      CONSENT OF ANTOINE YASSA   Reference is made to the Annual Report on Form 40-F for the year ended February 28, 2011 (the Annual Report) of Virginia Mines Inc. (the Company), filed with the U.S. Securities and Exchange Commission.  I participated, as an independent Qualified Person (as such term is defined in Canadian National Instrument 43-101  Standards of Disclosure for Mineral Projects), in the preparation of an independent technical study, completed in 2009 (the Technical Study) concerning mineralized material in the Coulon property for the Company.   Portions of the Technical Study are summarized under the heading Item II General Development of the Business  2.1 Three- Year History  2.1.2 For Fiscal 2010  in the Annual Information Form of the Company for the year ended February 28, 2011 (included as Exhibit 1 of the Annual Report, which Exhibit is incorporated by reference therein).  I hereby consent to the inclusion of the foregoing written disclosure and to the references to such disclosure and to my name under the foregoing heading and to all other references to such disclosure and to my name included or incorporated by reference in the Annual Report.    Very truly yours,   /s/ Antoine Yassa Name:  Antoine Yassa, P.Geo.     May 6, 2011
I 

110TH CONGRESS 

2D SESSION H. R. 5460 

To amend the Detainee Treatment Act of 2005 and title 18, United States 

Code, to include waterboarding in the definition of cruel, inhuman, or 

degrading treatment or punishment and in the definition of torture, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2008 

Ms. ESHOO (for herself and Mr. THOMPSON of California) introduced the following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Select Committee on Intelligence (Permanent Select) 

and Armed Services, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend the Detainee Treatment Act of 2005 and title 

18, United States Code, to include waterboarding in the 

definition of cruel, inhuman, or degrading treatment or 

punishment and in the definition of torture, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

mstockstill on PROD1PC66 with BILLS

2 

•HR 5460 IH

1 SECTION 1. WATERBOARDING INCLUDED IN DEFINITION 

2 OF CRUEL, INHUMAN, OR DEGRADING TREAT3 MENT OR PUNISHMENT AND IN DEFINITION 

4 OF TORTURE. 

5 (a) CRUEL, INHUMAN, OR DEGRADING TREATMENT

6 OR PUNISHMENT.—Section 1003(d) of the Detainee 

7 Treatment Act of 2005 (42 U.S.C. 2000dd; Public Law 

8 109–148) and section 1403(d) of the Detainee Treatment 

9 Act of 2005 (42 U.S.C. 2000dd; Public Law 109–163) 

10 are each amended by inserting after ‘‘1984’’ the following: 

11 ‘‘, and includes waterboarding, which includes any form 

12 of physical treatment that simulates drowning or gives the 

13 individual who is subjected to it the sensation of drown14 ing’’. 

15 (b) TORTURE.—Section 2340(1) of title 18, United 

16 States Code, is amended by inserting before the semicolon 

17 at the end the following: ‘‘and includes the technique 

18 known as ‘waterboarding’, which includes any form of 

19 physical treatment that simulates drowning or gives the 

20 individual who is subjected to it the sensation of drown21 ing’’. 

22 SEC. 2. TREATMENT OF INDIVIDUALS IN CUSTODY OF CEN23 TRAL INTELLIGENCE AGENCY. 

24 Section 1003(a) of the Detainee Treatment Act of 

25 2005 (42 U.S.C. 2000dd; Public Law 109–148) and sec26 tion 1403(a) of the Detainee Treatment Act of 2005 (42 

mstockstill on PROD1PC66 with BILLS

3 

•HR 5460 IH

1 U.S.C. 2000dd; Public Law 109–163) are each amended 

2 by inserting after ‘‘Government,’’ the following: ‘‘including 

3 any individual in the custody or under the physical control 

4 of the Central Intelligence Agency,’’. 

Æ 

mstockstill on PROD1PC66 with BILLS
#### Evelyn Singer et al., Appellants, v St. Francis Hospital, Respondent.

[799 NYS2d 742]

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Satterfield, J.), dated September 21, 2004, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In order for a landowner to be hable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon the property, it must be established that a defective condition existed and that the landowner affirmatively created the condition or had actual or constructive notice of its existence *(see Gordon v American Museum of Natural History,*67 NY2d 836 [1986]; *Lezama v 34-15 Parsons Blvd., LLC,*16 AD3d 560 [200S]; *Curiale v Sharrotts Woods, Inc.,*9 AD3d 473, 474-475 [2004]). Here, the defendant met its initial burden of establishing entitlement to judgment as a matter of law *(see Morrison v 107 W. 38th Realties Co.,*17 AD3d 645 [2005]; *Jimenez v T.J. Maxx, Inc.,*17 AD3d 638 [2005]; *Onley v Shopwell, Inc.,*16 AD3d 565 [2005]). In opposition thereto, the plaintiffs failed to raise a triable issue of fact *(see Alvarez v Prospect Hosp.,*68 NY2d 320 [1986]; *Morrison v 107 W. 38th Realties Co., supra; Jimenez v T.J. Maxx, Inc., supra; Onley v Shopwell, Inc., supra).*The photographs relied upon by the plaintiffs were insufficient to demonstrate that the defendant had constructive notice of the alleged defect *(see Krakinowski v New York City Tr. Auth.,*18 AD3d 443 [2005]; *Lustenring v 98-100 Realty,*1 AD3d 574, 577 [2003]). Schmidt, J.P., Mastro, Rivera and Skelos, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED>
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               JUN-30-1997
<EXCHANGE-RATE>                                      1
<CASH>                                      28,422,709
<SECURITIES>                                         0
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<INVENTORY>                                    175,551
<CURRENT-ASSETS>                            28,837,223
<PP&E>                                         557,187
<DEPRECIATION>                                 147,336
<TOTAL-ASSETS>                              30,332,539
<CURRENT-LIABILITIES>                        2,051,606
<BONDS>                                      4,819,349
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<OTHER-EXPENSES>                             2,316,152
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Keith Alexander CRAVEN, Jr. v. Chasity Nicole DEMIDOVICH, Geico Indemnity Company, Alamo Financing, Orval K. Wing, Jr., Greensboro News and Record, and Allstate Insurance Company.

No. 497P05.

Supreme Court of North Carolina.

November 3, 2005.

M. Gordon Widenhouse, Jr., Chapel Hill, for Keith Alexander Craven, Jr.

Torin L. Fury, Greensboro, for Chasity Demidovich, et al.

*ORDER*

Upon consideration of the petition filed on the 6th day of September 2005 by Plaintiff 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:

*582"Denied by order of the Court in conference, this the 3rd day of November 2005."