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this opinion should not be published and is not precedent except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.

 

1The pleadings of a pro se litigant must be given a liberal

construction. Haines v. Kerner, 404 U.S. 519, 520 (1972).

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-20026

Summary Calendar

DAVID ANTHONY DYBOWSKI,

Plaintiff-Appellant,

versus

WAYNE SCOTT, director, Texas Department of Criminal Justice,

Institutional Division and GARY L. JOHNSON, Director, Texas

Department of Criminal Justice, Institutional Division,

Defendant-Appellees.

Appeal from the United States District Court

for the Southern District of Texas

(H-97-CV-3065)

August 13, 1998

Before JOHNSON, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PER CURIAM:*

David Anthony Dybowski, Texas prisoner #670925, appeals pro se

the district court’s dismissal as frivolous of his claims filed

pursuant to 42 U.S.C. §1983. When construed liberally,1 the

arguments contained in his pleadings contend that the present

statute governing the calculation of his good conduct time violates

his equal protection and due process rights.

We review the district court’s dismissal of Dybowski’s equal
2

protection claim for abuse of discretion. Denton v. Hernandez, 504

U.S. 25, 33-34 (1992). Dybowski was convicted of an aggravated

offense. He argues that TEX. CODE CRIM P. art. 42.18 §8(c) (West

1990) violates his equal protection rights because it prevents good

conduct time from being credited toward the prison sentences of

prisoners convicted of aggravated offenses. Classifying prisoners

by the offense of conviction does not create a suspect class.

Wottlin v. Fleming, 136 F.3d 1032, 1036-37 (5th Cir. 1998).

Furthermore, a prisoner does not have a constitutional right to be

released before the expiration of a valid sentence. Id. at 1037.

Therefore, there need only be a rational basis for the

classification. After a careful review of the record and the

controlling authorities, we hold that the district court did not

abuse its discretion in concluding that a rational basis existed.

Dybowski did not raise his due process argument in the

district court, so we review this issue for plain error. See

Highlands Ins. v. National Union Fire Ins., 27 F.3d 1027, 1031-32

(5th Cir. 1994). Dybowski contends that the repeal of TEXAS REV.

CIV. STAT. ANN. art. 6184-1 (West 1979), which would have allowed a

credit towards his sentence for good conduct time regardless of his

offense, violated his due process rights. Because Dybowski did not

earn good conduct time during the effective date of the statute,

his claim is without merit. Thus, the district court did not

plainly err in dismissing as frivolous Dybowski’s due process

claim.

AFFIRMED.
3
August 4 , 2016



### JUDGMENT


## The Fourteenth Court of Appeals

ALVIN WESLEY PRINE J R. , Appellant

NO. 14

- 15

- 00313

- CR V.

THE STATE OF TEXAS , Appellee

________________________________ This cause was heard on the transcript of the record of the court below. We have inspected the record and find there was no error in the portion o f the judgment finding guilt but there was error in the punishment phase of the trial.

The cause is therefore REVERSED and REMANDED for a new trial as to punishment. The trial court shall commence the new trial as if a finding of guilt had been returned and proceed to the punishment stage of the trial. We AFFIRM the remainder of the judgment.

We further order this decision certified below for observance.
Exhibit 5.1  CERTIFICATION  I, André Gaumond, certify that:  1. I have reviewed this annual report on Form 40-F of Virginia Mines Inc. (the issuer);  2. Based on my knowledge, this 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 this report;  3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the issuer as of, and for, the periods presented in this report;  4. The issuers other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))for the issuer and have:  (a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;  (b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;  (c) Evaluated the effectiveness of the issuers disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and  (d) Disclosed in this report any change in the issuers internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the issuers internal control over financial reporting; and  5. The issuers other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the issuers auditors and the audit committee of the issuers board of directors (or persons performing the equivalent functions):  (a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the issuers ability to record, process, summarize and report financial information; and  (b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the issuers internal control over financial reporting.  Date:  May 14, 2012   /s/ André GaumondAndré Gaumond
President and Chief Executive Officer
# United Sta tes Co urt of A ppea ls F O R T H E D I S T R

I C T O F C O L U M B I A

C I R C U I T 

# No. 10-3038 September Term, 2014 F I L E D O N 

### : J A N U A R Y 

### 23, 2015 I N R E 

### : S E A L E D 

### C A S E


### C o n s o li d a te d w it h 1 2 -3 0 9 8

______ Appea l from the United States District Court for the D istrict of Columbia

______ Be fore : H E

N D E R S O N 

### , R O G E R S 

### and K

A V A N A U G H 

### , Circuit Judges 

# NOT AVA ILABL E F OR P UBL IC

VIEW
UNDE R SEAL
IN RE B.R.D.

No. COA05-296.

North Carolina Court of Appeals.

Filed October 18, 2005.

Certification Date November 7, 2005.

Appeal from Alamance (04J81).

Case reported without published opinion. Affirmed.
**Court of Appeals**

**Sixth Appellate District of Texas**

JUDGMENT

As stated in the Court’s opinion of this date, we find no error in the judgment of the court below.  We affirm the judgment of the trial court.

We note that the appellant, Trevor Scott Copeland, has adequately indicated his inability to pay costs of appeal.  Therefore, we waive payment of costs.

RENDERED DECEMBER 5, 2013

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk

# image1.png
STATE of North Carolina v. Reynaldo H. OCHOA, Defendant, and Aegis Security Ins. Co., Surety.

No. 312P05.

Supreme Court of North Carolina.

August 18, 2005.

Kenneth P. Andresen, Charlotte, for Aegis Security Ins. Co.

*192Robert E. Wilhoit, Alan V. Pugh, Asheboro, for Randolph Co. Bd. of Education.

*ORDER*

Upon consideration of the petition filed on the 8th day of June 2005 by Surety (Aegis Security Insurance Company) 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 18th day of August 2005."
PAGE 63
<PAGE>
                       CONSENT OF INDEPENDENT ACCOUNTANTS
                       ----------------------------------


We  hereby  consent  to  the  incorporation  by  reference  in  the Registration
Statements  on  Form  S-3  (File  No.  333-56621)  and  on  Form S-8 (File No.'s
333-84729, 333-84731, 333-84733 and 333-84735) of Ascent Pediatrics, Inc. of our
report dated March 23, 2001, relating to the financial statements, which appears
in  this  Form  10-K.


PricewaterhouseCoopers  LLP


Boston,  Massachusetts
April  2,  2001
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

MICHAEL BENDE,

Appellant,

v.

AURORA BANK, FSB, et al.,

Appellees.

No. 4D14-3106

[August 5, 2015]

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

Beach County; Eli Berger, Judge; L.T. Case No. 2012CA012213XXXXMB.

Michael Bende, Boca Raton, pro se.

No appearance for appellees.

PER CURIAM.

Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 

1150 (Fla. 1979).

WARNER, MAY and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
# L_2016204EN.01000301.xml

| 29.7.2016 | EN | Official Journal of the European Union | L 204/3 |
| --- | --- | --- | --- |

29.7.2016

EN

Official Journal of the European Union

L 204/3

---

COMMISSION IMPLEMENTING REGULATION (EU) 2016/1242

of 13 July 2016

entering a name in the register of protected designations of origin and protected geographical indications (Flönz (PGI))

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

| (1) | Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Germany's application to register the name ‘Flönz’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Germany's application to register the name ‘Flönz’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Flönz’ should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Flönz’ should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Flönz’ (PGI) is hereby entered in the register.

The name specified in the first paragraph denotes a product in Class 1.2. Meat products (cooked, salted, smoked, etc.), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

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, 13 July 2016.

For the Commission,

On behalf of the President,

Phil HOGAN

Member of the Commission

---

(1)  
  OJ L 343, 14.12.2012, p. 1.

1

(2)  
  OJ C 107, 22.3.2016, p. 12.

2

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).

3

---
STATE of North Carolina v. Tavares REDD.

No. 658P05.

Supreme Court of North Carolina.

January 26, 2006.

Tavares Redd, Pro Se.

William Hart, Special Deputy Attorney General, Clark Everett, District Attorney, for State.

*ORDER*

Upon consideration of the petition filed by Defendant on the 21st day of November 2005 in this matter for a writ of certiorari to review the order of the Superior Court, Pitt County, the following order was entered and is hereby certified to the Superior Court of that County:

"Dismissed by order of the Court in conference, this the 26th day of January 2006."
Exhibit 10.2(b)


                  Schedule of Warrant (new financing) Issued by
               NCT Group, Inc. to Carole Salkind on July 26, 2005


                           Expiration           Exercise             Shares
      Grant Date              Date                Price              Granted
      ----------              ----                -----              -------
       07/26/05             07/26/10              $ 0.01            10,000,000
Exhibit 32.1



GLOBAL SIGNAL INC.



CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER 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 Global Signal Inc., (the
Company) on Form 10-Q for the period ending September 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Wesley R. Edens, Chief Executive Officer of the Company, 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 Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                       
|---------------------------------------
|                                       
|/s/    WESLEY R. EDENS                 
|Wesley R. Edens Chief Executive Officer
|November 9, 2004                       



A signed original of this written
statement required by Section 906 has been provided to Wesley R. Edens and will be retained by Global Signal, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.



This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act). Such certification will not be deemed to
be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the registrant specifically incorporates it by reference.
Mellon Financial Compensation Schedule for Directors



 Exhibit 10.1 
  
 MELLON FINANCIAL CORPORATION 
  

COMPENSATION SCHEDULE FOR DIRECTORS 
  

										
	Monthly Retainer

	  	Per Meeting Fee*

	  	 Committee

	  	Chair Annual Retainer


	$	3,750	  	$	1,500	  	Audit	  	$	12,500
	 	 	  	 	 	  	Community Responsibility	  	$	10,000
	 	 	  	 	 	  	Corporate Governance and Nominating	  	$	10,000
	 	 	  	 	 	  	Human Resources	  	$	12,500
	 	 	  	 	 	  	Risk	  	$	10,000
	 	 	  	 	 	  	Technology	  	$	10,000

  

	•	 	Directors who do not receive a salary from the Corporation or any subsidiary are compensated according to the above schedule. 

  

	•	 	Compensation is paid by check by the end of each month, whether or not the Board or a committee meets during that month. 

  

	•	 	A Director may elect to defer receipt of compensation until after termination of service, in accordance with the Mellon Financial Corporation Elective Deferred Compensation Plan for
Directors and Members of the Advisory Board. 

  


	*	The Meeting Fee will also be paid for each day’s attendance at continuing education programs as set forth in Section I. F [of the Corporation’s Board Policies].


  
 Effective January 1, 2003, an Orientation Fee of $500 (plus
reimbursement of related expenses) is payable for attendance at a formal meeting with one or more officers of the Corporation or any of its subsidiaries, which meeting has been scheduled by an officer of the Corporation in response to a Director
request, to (i) any Director during the Director’s first term as a Director for the purpose of enhancing the Director’s knowledge of the Corporation, its business, operations or finances and (ii) any Director regardless of length of
service who is assuming or has assumed new responsibilities as a Director for the purpose of enhancing the Director’s ability to perform those new responsibilities. 
  
 As adopted April 19, 2005
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00222-CV

FIA Card Services, N.A. f/k/a MBNA America Bank, N.A., Appellant

v.

Catherine V. Alloggio, Appellee

FROM THE COUNTY COURT AT LAW NO. 2 OF HAYS COUNTY

NO. 8669-C, HONORABLE LINDA RODRIGUEZ, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

FIA Card Services, N.A. f/k/a MBNA AmericaBank, N.A., and Catherine V. Alloggio

have filed an agreed motion to reverse, vacate, and remand the underlying judgment in this case. The

agreed motion provides that upon remand, the parties will file mutual dismissals with prejudice.

Accordingly, we grant the motion and set aside the trial court’s judgment without regard to the merits

and remand the case to the trial court for rendition of judgment in accordance with the parties’

agreement. See Tex. R. App. P. 42.1(a)(2)(B).

____________________________________

Bob Pemberton, Justice

Before Justices Puryear, Pemberton and Waldrop

Vacated and Remanded

Filed: December 14, 2007
# L_2012150EN.01006601.xml

| 9.6.2012 | EN | Official Journal of the European Union | L 150/66 |
| --- | --- | --- | --- |

9.6.2012

EN

Official Journal of the European Union

L 150/66

---

COMMISSION IMPLEMENTING REGULATION (EU) No 487/2012

of 7 June 2012

entering a name in the register of protected designations of origin and protected geographical indications (Tomate La Cañada (PGI))

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, Spain’s application to register the name ‘Tomate La Cañada’ 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, Spain’s application to register the name ‘Tomate La Cañada’ 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, 7 June 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 286, 30.9.2011, p. 18.

2

---

ANNEX

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

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

SPAIN

Tomate La Cañada (PGI)

---
# L_2012308EN.01000901.xml

| 8.11.2012 | EN | Official Journal of the European Union | L 308/9 |
| --- | --- | --- | --- |

8.11.2012

EN

Official Journal of the European Union

L 308/9

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1034/2012

of 26 October 2012

entering a name in the register of protected designations of origin and protected geographical indications (Cordeiro Mirandês/Canhono Mirandês (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, Portugal’s application to register the name ‘Cordeiro Mirandês’/‘Canhono Mirandês’ 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, Portugal’s application to register the name ‘Cordeiro Mirandês’/‘Canhono Mirandês’ 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 60, 29.2.2012, p. 16.

2

---

ANNEX

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

Class 1.1.   Fresh meat (and offal)

PORTUGAL

Cordeiro Mirandês/Canhono Mirandês (PDO)

---
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

In the matter of the Expunction of A.L., * From the 441st District Court

of Midland County,

Trial Court No. CV56100.

No. 11-20-00048-CV * December 16, 2021

* Memorandum Opinion by Trotter, J.

(Panel consists of: Bailey, C.J.,

Trotter, J., and Williams, J.)

This court has inspected the record in this cause and concludes that there is 

error in the judgment below. Therefore, in accordance with this court’s opinion,

we reverse the order of the trial court and remand this cause to the trial court with 

instructions to grant Appellant’s petition for expunction.