alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Richard HARRELL v. Melvin BOWEN, Administrator of the Estate of Chelson Earl Perry.

No. 587PA06.

Supreme Court of North Carolina.

May 3, 2007.

Joseph P. Tunstall, III, for Harrell.

Kevin N. Lewis, Ahoskie, Stuart L. Stroud, Kinston, for Bowen.

*ORDER*

Upon consideration of the petition filed on the 17th day of November 2006 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:

"Allowed by order of the Court in conference, this the 3rd day of May 2007."

Plaintiff shall forthwith submit an appeal bond to this Court, as provided by Appellate Rule 17(b). The bond may be in cash or by a written undertaking with good and sufficient surety in the sum of $250.00.

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in *768the manner provided by Appellate Rule 15(g)(2).
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17

- 40353 Conference Calendar

UNITED STATES OF AMERICA,
Plaintiff

- Appellee

v. JOSE GUADALUPE ECHARTEA

- MENDOZA , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:16

- CR

- 1659

- 1

Before JONES, DENNIS, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jose Guadalupe Echartea

- Mendoza has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Echartea

- Men doza has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein , as well as Echartea

- Mendoza ’ s response . We concur with

* Pursuant to 5 TH 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 December 20, 2017 Lyle W. Cayce Clerk Case: 17-40353 Document: 00514280467 Page: 1 Date Filed: 12/20/2017No. 17

- 40353

2 counsel’s assessment that the appeal presents no nonfrivolous issue for
appe llate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 17-40353 Document: 00514280467 Page: 2 Date Filed: 12/20/2017
BAREFOOT v. POLK AND THOMAS.

No. 54P07.

Supreme Court of North Carolina.

March 8, 2007.

Captain E. Thomas, Captain S.T.G., for Thomas.

The following order has been entered on the motion filed on the 19th day of January 2007 by Plaintiff for Relief:

"Motion Dismissed by order of the Court in conference this the 8th day of March 2007."
I 

110TH CONGRESS 

2D SESSION H. R. 5704 

To ensure that home health agencies can assign the most appropriate skilled 

service to make the initial assessment visit for home health services 

for Medicare beneficiaries requiring rehabilitation therapy under a home 

health plan of care, based upon physician referral. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2008 

Mr. LEWIS of Georgia introduced the following bill; which was referred to the 

Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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 ensure that home health agencies can assign the most 

appropriate skilled service to make the initial assessment 

visit for home health services for Medicare beneficiaries 

requiring rehabilitation therapy under a home health 

plan of care, based upon physician referral. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medicare Home Health 

5 Flexibility Act of 2008’’. 


wwoods2 on PRODPC68 with BILLS
2 

•HR 5704 IH

1 SEC. 2. PERMITTING HOME HEALTH AGENCIES TO ASSIGN 

2 THE MOST APPROPRIATE SKILLED SERVICE 

3 TO MAKE THE INITIAL ASSESSMENT VISIT 

4 UNDER A MEDICARE HOME HEALTH PLAN OF 

5 CARE FOR REHABILITATION CASES. 

6 (a) IN GENERAL.—Notwithstanding section 

7 484.55(a)(2) of title 42 of the Code of Federal Regula8 tions or any other provision of law, a home health agency 

9 may determine the most appropriate skilled service to 

10 make the initial assessment visit for an individual who is 

11 eligible for home health services under title XVIII of the 

12 Social Security Act but who does not require skilled nurs13 ing care as long as that skilled service is included as part 

14 of the plan of care for home health services for such indi15 vidual. An occupational therapist may make the initial as16 sessment visit in such a case if occupational therapy is 

17 included in such plan in the initial physician referral in 

18 conjunction with physical therapy or speech language pa19 thology services. 

20 (b) RULE OF CONSTRUCTION.—Nothing in sub21 section (a) shall be construed to provide for initial eligi22 bility for coverage of home health services under title 

23 XVIII of the Social Security Act on the basis of a need 

24 for occupational therapy. 

Æ 


wwoods2 on PRODPC68 with BILLS
# Commission Regulation (EU) No 426/2013 (repealed)Show full title

Commission Regulation (EU) No 426/2013 of 8 May 2013 adapting Regulations (EC) No 1120/2009, (EC) No 1121/2009 and (EC) No            1122/2009 as regards implementing rules for direct payment in Croatia (repealed)         

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U.K.

# Commission Regulation (EU) No 426/2013                     

# of 8 May 2013

# adapting Regulations (EC) No 1120/2009, (EC) No 1121/2009 and (EC) No 1122/2009 as regards implementing rules for direct payment                        in Croatia (repealed)                     

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                        

Textual Amendments

F1Repealed by Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014 supplementing Regulation (EU) No 1307/2013 of the European                                 Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework                                 of the common agricultural policy and amending Annex X to that Regulation.
STATE v. SWINTON.

No. COA06-301.

North Carolina Court of Appeals.

Filed February 20, 2007.

Certification Date March 12, 2007.

Appeal from Buncombe (04CRS57081, 05CRS3556, 05CRS3557, 05CRS3558).

Case reported without published opinion. No error.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

NAEEM AHMAD,

 Plaintiff - Appellant,

 v.

WORLD SAVINGS BANK, FSB; et al.,

 Defendants - Appellees.

No. 10-16497

D.C. No. 2:09-cv-00520-GEBKJM

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Garland E. Burrell, Jr., District Judge, Presiding

Submitted January 17, 2012** 

Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges. 

Naeem Ahmad appeals pro se from the district court’s judgment dismissing

his action alleging federal and state claims arising out of foreclosure proceedings. 

We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s

dismissal on the basis of the applicable statute of limitations, and for an abuse of

FILED

JAN 26 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-16497

discretion its decision whether to apply equitable tolling. Huynh v. Chase

Manhattan Bank, 465 F.3d 992, 1003 (9th Cir. 2006). We affirm.

The district court properly dismissed Ahmad’s Truth in Lending Act

(“TILA”) claim as time-barred because Ahmad did not file his action within one

year of the alleged violation. See 15 U.S.C. § 1640(e) (an action for damages must

be brought within one year of the alleged violation); King v. California, 784 F.2d

910, 914-15 (9th Cir. 1986) (holding that “the limitations period in Section 1640(e)

runs from the date of consummation of the transaction” and rejecting a “continuing

violation” theory). 

The district court did not abuse its discretion by declining to apply equitable

tolling to Ahmad’s TILA claim. See Cervantes v. Countrywide Home Loans, Inc.,

656 F.3d 1034, 1045 (9th Cir. 2011) (noting that equitable tolling applies “in

situations where, despite all due diligence, the party invoking equitable tolling is

unable to obtain vital information bearing on the existence of the claim” and

rejecting equitable tolling for Spanish-speaking plaintiffs on their TILA claim

because they had “not alleged circumstances beyond their control that prevented

them from seeking a translation of the loan documents” written in English (citation

and internal quotation marks omitted)).

The district court did not abuse its discretion by denying leave to amend. 
3 10-16497

See id. at 1041 (setting forth standard of review and noting that leave to amend

may be denied if amendment would be futile).

Ahmad’s remaining contentions are unpersuasive.

Defendants’ request for judicial notice is granted.

AFFIRMED.
#### The People of the State of New York, Respondent, v Kurt Chilcott, Appellant.

[799 NYS2d 421]

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered November 20, 2000, convicting him of assault in the second degree and unlawful imprisonment in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress his statements to law enforcement officials.

Ordered that the judgment is affirmed.

The defendant contends that he was unlawfully arrested in his apartment without a warrant in violation of *Payton v New York*(445 US 573 [1980]), requiring the suppression of his subsequent statements made to the police. The hearing court credited the testimony of the arresting officers and found that no *Payton*violation occurred because the police entry into the apartment was consensual. We decline to disturb that determination, as it is supported by the record *(see People v Hichez,*240 AD2d 678, 679 [1997]).

The defendant’s contention that the evidence was legally insufficient to support his conviction of assault in the second *425degree is unpreserved for appellate review *(see*CPL 470.05 [2]; *People v Gray,*86 NY2d 10 [1995]; *People v Bynum,*70 NY2d 858 [1987]). In any event, viewing the evidence in the light most favorable to the prosecution *(see People v Contes,*60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of assault in the second degree and unlawful imprisonment in the second degree beyond a reasonable doubt. Moreover, resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the jury, which saw and heard the witnesses *(see People v Gaimari,*176 NY 84, 94 [1903]). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record *(see People v Garafolo,*44 AD2d 86, 88 [1974]). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see*CPL 470.15 [5]). Santucci, J.P., Luciano, Crane and Skelos, JJ., concur.
BAKER v. CENTEX REAL ESTATE CORP.

No. COA06-836

Court of Appeals of North Carolina

Filed May 1, 2007

Certification Date May 21, 2007

Appeal from Durham (03CVS4951).

Case reported without published opinion. Reversed and remanded.
## Court of Appeals of the State of Geo rgia
ATLA NTA,

_________________ _ The Court of

Appeals hereby passes

the followi

ng order: A14A1500. ELLIS v. THE STATE. Appellant did not file

an enum eration of

error( s) or

brief w ithin 20 day s of the docketing of the appe al as dire cted. O n May 2 8, 2014, this Court ordered Appe llant to file an enumeration of error(s) and brief within ten (10) days or subject the appeal to dismissal
. As of the date

of this order, Appellant

has not file d an enumeration of error( s) or brief as ordered by this Court, and no motion for extension for good cause has been filed. T herefore, this a

ppeal is DISMISSED . Court of App eals Rules 7, 23.

Court of Appeals of the State of Georgia Clerk’s Offi

ce, Atlant a,_______________

___ I certify t hat the a bove is a true extra ct from the minutes of the Court

of Appeals

of Georgia. Witness my s igna ture and the seal of sai

d court hereto aff

ixed the day and year last above writt

en. , Clerk. 07/25/2014 July 25, 2014
#### The People of the State of New York, Respondent, v Rodney Ashby, Appellant.

[801 NYS2d 307]

Judgment, Supreme Court, New York County (Michael A. *840Corriero, J.), rendered March 20, 2002, convicting defendant, after a jury trial, of grand larceny in the third degree, and sentencing him to a term of five years’ probation with 200 hours of community service and restitution in the amount of $4,693.50, unanimously affirmed.

The verdict was based upon legally sufficient evidence and was not against the weight of the evidence *(see People v Bleakley,*69 NY2d 490 [1987]). The People’s circumstantial case excluded beyond a reasonable doubt any reasonable hypothesis of innocence. The People’s detailed expert and statistical evidence, which was similar to the evidence presented in *People v Gopal*(305 AD2d 127 [2003], *lv denied*100 NY2d 582 [2003]), established that defendant, a Transit Authority employee, intentionally conducted thousands of fraudulent transactions involving MetroCards for his own gain.

Defendant’s ineffective assistance of counsel argument is based upon factual assertions outside the record and, as such, is inappropriately raised on direct appeal *(see e.g. People v Denny,*95 NY2d 921, 923 [2000]). To the extent the existing record permits review, it establishes that defendant received effective assistance under both the state and federal standards *(see People v Benevento,*91 NY2d 708, 713-714 [1998]; *see also Strickland v Washington,*466 US 668 [1984]). There is no indication in the record that defendant would have derived any benefit from a line of defense seeking to cast doubt on whether the machinery in defendant’s token booth was capable of being used to commit the alleged fraudulent acts. Concur—Buckley, P.J., Mazzarelli, Andrias, Saxe and Williams, JJ.
<PAGE>

                                                                   Exhibit 32.01

                    CERTIFICATION OF CEO AND CFO 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 on Form 10-Q of The Travelers Life and
Annuity Company (the "Company") for the quarterly period ended June 30, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), George C. Kokulis, as Chief Executive Officer of the Company, and
Glenn D. Lammey, as Chief Financial Officer of the Company, each 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/ George C. Kokulis
--------------------------------
George C. Kokulis
Chief Executive Officer

August 14, 2003

/s/ Glenn D. Lammey
--------------------------------
Glenn D. Lammey
Chief Financial Officer

August 14, 2003

This certification accompanies each Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________

No. 1D1 9

- 1 884

_____________________________ J.K.W., Mother of K.G.W., a Minor Child

,
Appellant,

v.

D EPARTMENT OF C HILDREN AND F AMILIES ,
Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County

. Ross M. Goodman , Judge.

October 11, 2019

P ER C URIAM

.

A FFIRMED

.
W OLF , B.L. T HOMAS , and O STERHAUS , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 E. Jane Brehany, Pensacola

, for Appellant.

Sandra Carroll, Guardian Ad Litem, Milton; Chri stina J. Chavez of the Department of Children and Families, Milton; Sara Goldfarb of the Florida Statewide Guardian Ad Litem Office, Tallahassee; Nancy W. Gregoire of Birnbaum, Lippman & Gregoire, PLL C , Fort Lauderdale ; Joshua A. Jones, Pensacola; Thomasin a F. Moore of the Statewide Guardian Ad Litem Office, Tallahassee; Sarah J. Rumph of Children’s Legal Services, Tallahassee; John C. Susko, Milton ; for Appellee.
##### 



Exhibit 32.2 CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
PURSUANT TO SECTION 906 OF SARBANES  OXLEY ACT OF 2002 In connection with the accompanying Quarterly Report on Form 10-Q of
Selkirk Cogen Partners, L.P. for the quarter ended September 30, 2004, I, J.
Tracy Mey, Controller and Chief Accounting Officer of JMC Selkirk, Inc., as
Managing General Partner of Selkirk Cogen Partners, L.P., hereby certify
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:  (1)
    
    such Quarterly Report on Form 10-Q for the
quarter ended September 30, 2004, 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-Q for the quarter ended
September 30, 2004, fairly presents, in all
material respects, the financial condition and
results of operations of Selkirk Cogen
Partners, L.P. November 12, 2004
    /s/ J. TRACY MEYJ. Tracy MeyController and Chief Accounting Officer
JMC Selkirk, Inc. A signed original of this written statement required by Section 906 has been
provided to JMC Selkirk, Inc. and will be retained by JMC Selkirk, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
STATE v. FORD

No. COA06-1409.

Court of Appeals of North Carolina.

Filed June 5, 2007.

Certification Date June 25, 2007.

Appeal from Cabarrus (05CRS19509, 06CRS1521).

Cases reported without published opinion. Affirmed.
EXHIBIT
32.2




CERTIFICATION
OF CHIEF FINANCIAL OFFICER PURSUANT


TO
18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906


OF
THE SARBANES-OXLEY ACT OF 2002




Pursuant
to 18 U.S.C. Section 1350, the undersigned Officer of ERF Wireless, Inc. (the
"Company"), hereby certifies, to such officer's knowledge, that the Company's
Annual Report on Form 10-K/A for the year ended December 31, 2008, (the
"Report") fully complies with the requirements of Section 13(a) or Section
15(d), as applicable, of the Securities Exchange Act of 1934 and that the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.




March 19,
2009










/s/
      Richard R. Royall
              Richard R. Royall
              Chief
      Financial Officer
# The Rates (Exemption for Automatic Telling Machines in Rural Areas) Order (Northern Ireland) 2013 (revoked)

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N.I.

Statutory Rules of Northern Ireland

# 2013 No. 17

Rates

# The Rates (Exemption for Automatic Telling Machines in Rural Areas) Order (Northern Ireland) 2013 (revoked)F1

Made

31st January 2013

Affirmed by resolution of the Assembly on

25th February 2013

Coming into operation

1st April 2013

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                        

F1Order revoked (1.4.2015) by The Rates (Exemption for Automatic Telling Machines in Rural Areas) Order (Northern Ireland) 2015 (S.R. 2015/47), **arts. 1**, **3**
# L_2013022EN.01002201.xml

| 25.1.2013 | EN | Official Journal of the European Union | L 22/22 |
| --- | --- | --- | --- |

25.1.2013

EN

Official Journal of the European Union

L 22/22

---

COUNCIL DECISION

of 22 January 2013

appointing two Austrian alternate members of the Committee of the Regions

(2013/60/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposals from the Austrian Government,

Whereas:

| (1) | On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015. |
| --- | --- |

(1)

On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

| (2) | Two alternate members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Achill RUMPOLD and Ms Bernadette MENNEL, |
| --- | --- |

(2)

Two alternate members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Achill RUMPOLD and Ms Bernadette MENNEL,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed to the Committee of the Regions as alternate members for the remainder of the current term of office, which runs until 25 January 2015:

| — | Mr Wolfgang WALDNER, Landesrat beim Amt der Kärntner Landesregierung, |
| --- | --- |

—

Mr Wolfgang WALDNER, Landesrat beim Amt der Kärntner Landesregierung,

| — | Dr Gabriele NUSSΒAUMER, Landtagspräsidentin. |
| --- | --- |

—

Dr Gabriele NUSSΒAUMER, Landtagspräsidentin.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 22 January 2013.

For the Council

The President

M. NOONAN

---

(1)  
  OJ L 348, 29.12.2009, p. 22.

1

(2)  
  OJ L 12, 19.1.2010, p. 11.

2

---
STATE v. Robert C. LONG.

No. 610PA05.

Supreme Court of North Carolina.

December 19, 2006.

Tom Horner, District Attorney, for State of NC.

Barbara S. Blackman, Assistant Appellate Defender, for Robert Christopher Long.

The following order has been entered on the motion filed on the 1st day of November 2005 by Attorney General for Temporary Stay:

"Motion for Stay Dissolved by order of the Court in conference this the 19th day of December 2006."

Justice TIMMONS-GOODSON recused.