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should not be published and is not precedent except under the limited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. 08-40086

Conference Calendar

JOEL LOPEZ-FERNANDEZ

Petitioner-Appellant

v.

JOHN B FOX, Warden

Respondent-Appellee

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:07-CV-606

Before KING, BARKSDALE, and OWEN, Circuit Judges.

PER CURIAM:*

Joel Lopez-Fernandez (Lopez), federal prisoner # 06964-030, appeals the

denial of his 28 U.S.C. § 2241 petition challenging his methamphetamine and

firearms convictions. The district court determined that Lopez’s claims

collaterally attacked his conviction and, as such, he was precluded from

proceeding via § 2241 because he had failed to show the 28 U.S.C. § 2255 remedy

inadequate. See Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir.

United States Court of Appeals

Fifth Circuit

F I L E D

October 21, 2008

Charles R. Fulbruge III

Clerk
No. 08-40086

2

2001). Lopez has failed to assign error to or address that determination and has

therefore waived its review. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.

1993).

AFFIRMED.
STATE v. John Owen JACOBS

126PA17-1

Supreme Court of North Carolina.

August 7, 2017

Paul F. Herzog, Attorney at Law, Fayetteville, for Jacobs, John Owen.

Elizabeth J. Weese, Assistant Attorney General, Jon David, District Attorney, for State of North Carolina

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 1st of August 2017 by Defendant:

"Motion Allowed by order of the Court in conference, this the 7th of August 2017."

Defendant-Appellant shall have up to and including the 16th day of August 2017 to file and serve his/her brief with this Court.
I 

113TH CONGRESS 

2D SESSION H. R. 4071 

To amend the National Flood Insurance Act of 1968 to provide for flood 

insurance policies with higher deductibles and lower rates. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 21, 2014 

Mr. SCHRADER (for himself and Mr. MARINO) introduced the following bill; 

which was referred to the Committee on Financial Services 

A BILL 

To amend the National Flood Insurance Act of 1968 to 

provide for flood insurance policies with higher 

deductibles and lower rates. 

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 ‘‘Flood Insurance Flexi5 bility Act of 2014’’. 

6 SEC. 2. OPTIONAL HIGH-DEDUCTIBLE POLICIES FOR CER7 TAIN PROPERTIES. 

8 Section 1306 of the National Flood Insurance Act of 

9 1968 (42 U.S.C. 4013) is amended by adding at the end 

10 the following new subsection: 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 4071 IH

1 ‘‘(d) OPTIONAL HIGH-DEDUCTIBLE POLICIES.— 

2 ‘‘(1) OPTION.—The Administrator shall make 

3 flood insurance coverage available for properties, at 

4 the option of the insured, having premiums and 

5 deductibles in the amounts provided under para6 graph (2). 

7 ‘‘(2) HIGH-DEDUCTIBLES; RISK PREMIUM

8 RATE.—Flood insurance coverage made available 

9 pursuant to this subsection for a property shall— 

10 ‘‘(A) have an annual loss-deductible for 

11 damage to the covered property in an amount 

12 not less than $10,000 (as such amount is ad13 justed for inflation to the nearest $1,000 by the 

14 Administrator, using such index as the Admin15 istrator determines is appropriate), and the Ad16 ministrator may make coverage available having 

17 such higher loss-deductible amounts as the Ad18 ministrator considers feasible and appropriate; 

19 and 

20 ‘‘(B) subject to any other provision of this 

21 Act, have a chargeable risk premium rate that, 

22 as determined by the Administrator, accurately 

23 reflects the current risk of flood to such propVerDate Mar 15 2010 23:00 Feb 21, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4071.IH H4071

tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 4071 IH

1 erty and the deductible under such coverage 

2 pursuant to subparagraph (A).’’. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-7543

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

ALPHELIOUS ANTOINE ROOKS, 

 Defendant - Appellant. 

Appeal from the United States District Court for the Eastern 

District of Virginia, at Richmond. Richard L. Williams, Senior 

District Judge. (3:99-cr-00312-RLW-2) 

Submitted: October 15, 2008 Decided: October 22, 2008 

Before WILKINSON, MICHAEL, and KING, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

Alphelious Antoine Rooks, Appellant Pro Se. David John Novak, 

OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Alphelious Antoine Rooks appeals the district court’s 

order denying his 18 U.S.C.A. § 3582(c)(2) (West 2000 & Supp. 

2008) motion. We have reviewed the record and find no 

reversible error. Accordingly, we affirm for the reasons stated 

by the district court. United States v. Rooks, No. 3:99-cr00312-RLW-2 (E.D. Va. July 17, 2008). 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
In the MATTER OF: P.B.

No. COA16-1261

Court of Appeals of North Carolina.

Filed: July 5, 2017

VACATED AND REMANDED.
Roy A. COOPER, III, in His Official Capacity as Governor of the State of North Carolina v. Philip E. BERGER, in His Official Capacity as President Pro Tempore of the North Carolina Senate; and Timothy K. Moore, in His Official Capacity as Speaker of the North Carolina House of Representatives

No. 52P17-2

Supreme Court of North Carolina.

July 19, 2017

D. Martin Warf, Attorney at Law, Noah H. Huffstetler, III, Attorney at Law, Raleigh, Candace S. Friel, Attorney at Law, Winston-Salem, for Berger, Philip E.

Jim W. Phillips, Jr., Attorney at Law, Greensboro, Eric M. David, Attorney at Law, Daniel F.E. Smith, Attorney at Law, for Cooper, Roy A. (III).

Grayson Kelley, Chief Deputy.

Alexander McC. Peters, Special Deputy Attorney General.

***ORDER***

Re: Roy A. Cooper, III, in his official capacity as Governor of the State of North Carolina v. Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate; Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives; and the State of North Carolina-52PA17-2

Upon consideration of the petition filed in this matter on 30 June 2017 for discretionary review prior to a decision by the North Carolina Court of Appeals by Plaintiff, Roy A. Cooper, III, the following order is entered and is hereby certified to the North Carolina Court of Appeals:

Allowed by order of the Court in conference, this the 19th of July 2017.

*345Pursuant to the above order, this Court orders the following expedited briefing schedule in this case:

Plaintiff-Appellant's brief shall be due on or before 3 August 2017;

Defendant-Appellees' brief shall be due on or before 18 August 2017;

Plaintiff-Appellants reply brief shall be due on or before 23 August 2017.

Oral argument will be heard on 28 August 2017.

"Spec Order by order of the Court in conference, this the 19th of July 2017."
Exhibit 32.2




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 Quarterly Report of WCA Waste Corporation (the “Company”) on Form 10-Q for the quarterly period ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Charles A. Casalinova, Chief Financial Officer of the Company, certify, 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), as applicable, 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/ Charles A. CasalinovaCharles A. CasalinovaChief Financial OfficerAugust 5, 2010




The foregoing certification shall not be deemed “filed” for purposes of Section 18 of the Exchange Act or otherwise subject to the liability of that section. Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, except to the extent that the registrant specifically incorporates it by reference.
# Official Journal C 101A/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.CA2009.101.eng |
| --- | --- |
| Official Journal
  of the European Union | C 101A |
| | |
| English edition | Information and Notices | Volume 521 May 2009 |

ISSN 1725-2423

doi:10.3000/17252423.CA2009.101.eng

Official Journal

of the European Union

C 101A

English edition

Information and Notices

Volume 521 May 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 101A/01 | Common catalogue of varieties of agricultural plant species — fourth supplement to the 27th complete edition | 1 |
| 2009/C 101A/02 | Common catalogue of varieties of vegetable species — third supplement to the 27th complete edition | 21 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 101A/01

Common catalogue of varieties of agricultural plant species — fourth supplement to the 27th complete edition

1

2009/C 101A/02

Common catalogue of varieties of vegetable species — third supplement to the 27th complete edition

21

---

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

EN
Kornegay Family Farms, LLC, et al. v. Cross Creek Seed, Inc.

187PA16-1

Supreme Court of North Carolina.

December 29, 2016

Andrew H. Erteschik, Attorney at Law, Steven B. Epstein, Attorney at Law, Caitlin Goforth, Attorney at Law, Saad Gul, Attorney at Law, Raleigh, for Cross Creek Seed, Inc.

L. Neal Ellis, Jr., Attorney at Law, Wake Forest, J. P. Williamson, Jr., Attorney at Law, for Kornegay Family Farms, LLC, et al.

*533Matthew N. Leerberg, Attorney at Law, Raleigh, Kip David Nelson, Attorney at Law, Greensboro, for N.C. Association of Defense Attorneys.

Jon Ward, Attorney at Law, Michael W. Patrick, Attorney at Law, Chapel Hill, for N.C. Advocates for Justice.

Phillip Jacob Parker, Jr., Attorney at Law, H. Julian Philpott, Jr., Attorney at Law, for N.C. Farm Bureau Federation, Inc., et al.

The following order has been entered on the motion filed on the 28th of December 2016 by NC advocates for Justice for leave to file Amicus Curiae Brief:

"Motion Allowed by order of the Court in conference, this the 29th of December 2016."

Unless already submitted, the Amicus Brief shall be submitted to the court within the times allowed and in the manner provided by Appellate Rule 28(i).
# C_2008301EN.01003802.xml

| 22.11.2008 | EN | Official Journal of the European Union | C 301/38 |
| --- | --- | --- | --- |

22.11.2008

EN

Official Journal of the European Union

C 301/38

---

Order of the Court of First Instance of 23 September 2008 — Cementownia ‘Odra’ v Commission

(Case T-199/07) (1)

1

(Action for annulment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - National allocation plan in respect of emission allowances for Poland for the period from 2008 to 2012 - Decision by the Commission not to raise objections subject to certain conditions - Competence of Member States in the individual allocation of emission allowances - Lack of direct concern - Inadmissibility)

(2008/C 301/65)

Language of the case: Polish

Parties

Applicant: Cementownia ‘Odra’ S.A. (Opole, Poland) (represented by: P.K. Rosiak and F. Puel, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: U. Wölker and K. Herrmann, Agents)

Defendant:

Re:

APPLICATION for annulment of Commission Decision C(2007) 1295 final of 26 March 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Republic of Poland for the period from 2008 to 2012 in accordance with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).

Operative part of the order

| 1. | The action is dismissed as inadmissible. |
| --- | --- |

1.

The action is dismissed as inadmissible.

| 2. | Cementownia ‘Odra’ S.A. shall bear its own costs and pay those incurred by the Commission. |
| --- | --- |

2.

Cementownia ‘Odra’ S.A. shall bear its own costs and pay those incurred by the Commission.

---

(1)  OJ C 170, 21.7.2007.

1

---
Exhibit 32.01

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350

The undersigned, Steven L. Basta, Chief Executive Officer of BioForm Medical, Inc. (the Company), pursuant to 18 U.S.C. §1350, hereby certifies that:



|(i) | the Quarterly Report on Form 10-Q for the period ended December 31, 2009 of the Company (the Report) fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934.
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |  |  |     |  |                        
|----------------------- |  |  |  | --- |  | -----------------------
|Date: FEBRUARY 16, 2010 |  |  |  | By: |  | /s/ STEVEN L. BASTA    
|                        |  |  |  |     |  | STEVEN L. BASTA        
|                        |  |  |  |     |  | CHIEF EXECUTIVE OFFICER
<PAGE>

                                                               EXHIBIT 23.2

                        CONSENT OF INDEPENDENT AUDITORS

     We consent to the incorporation by reference in the Registration
Statements (Form S-8 No.'s 333-26743, 333-61467, 333-74490 and 333-118861) of
Cenveo, Inc. of our report dated February 2, 2007, with respect to the
consolidated financial statements of Supremex Income Fund as at December 31,
2006 and for the 276-day period then ended, included in the Annual Report of
Cenveo, Inc. (Form 10-K/A) for the year ended December 31, 2006.

                                                /S/  ERNST & YOUNG LLP
                                          ---------------------------------

Montreal, Canada
June 26, 2007
---

---

EXHIBIT 13.2

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 Pointer Telocation, Ltd. (the Company) on
Form 20-F for the year ended December 31, 2006 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Zvi Fried, Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant
to section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

| | 1. | the
Report fully complies with the requirements of section 13(a) 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.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------

|April 8, 2008 |  | /s/ Zvi Fried
Zvi FriedChief Financial and Principal Accounting Officer
|------------- |  | -------------------------------------------------------------------------------------

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.



---

---
State of North Carolina v. Credrick D. Washington

No. 363P16

Supreme Court of North Carolina.

December 8, 2016

Mr. R. Marcus Lodge, Special Deputy Attorney General, Ms. Roxann L. Vaneekhoven, District Attorney, For State of North Carolina.

Mr. Credrick D. Washington, For Washington, Credrick D.

***ORDER***

Ervin, J.

Upon consideration of the petition filed by Defendant on the 30th of September 2016 in this matter for a writ of certiorari to review the order of the Superior Court, Cabarrus County, the following order was entered and *341is hereby certified to the Superior Court of that County:

"Dismissed by order of the Court in conference, this the 8th of December 2016."

The following order has been entered on the motion filed on the 30th of September 2016 by Defendant to Proceed In Forma Pauperis:

"Motion Allowed by order of the Court in conference, this the 8th of December 2016."

The following order has been entered on the motion filed on the 30th of September 2016 by Defendant to Appoint Counsel:

"Motion Dismissed as moot by order of the Court in conference, this the 8th of December 2016."
STATE of North Carolina v. Adrian WIGGINS, Defendant.

No. COA15-1385

Court of Appeals of North Carolina.

Filed: June 6, 2017

NO ERROR IN PART; DISMISSED WITHOUT PREJUDICE IN PART; VACATED AND REMANDED IN PART.
| Dated:              December              8, 2006 |                                                                                                                    |                                              |
|---------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------|
|                                              |                                                                                                                    |
|                                         |                                                                                                               |                                         |
|                                              |                                                                                                               | /s/ Paul              A.              Gorman |
|                                              | Paul                A. Gorman, CEO and Director(Chief                Executive Officer of Yukon Gold Corporation, Inc.) |
|                                              |                                                                                                                    |
|                                 |                                                                                                                            |                                  |
|--------------------------------------|---------------------------------------------------------------------------------------------------------------------------------|---------------------------------------|
| Dated:              December 8, 2006 |                                                                                                                            |
|                            |                                                                                                                       |                             |
|                                 |                                                                                                                       | /s/ Rakesh              Malhotra |
|                                 | Rakesh                Malhotra, Chief Financial Officer(Chief                Financial Officer of Yukon Gold Corporation, Inc.) |
|                                 |                                                                                                                            |

----
EXHIBIT 32.1

                           SECTION 1350 CERTIFICATION

     CERTIFICATION PURSUANT TO 13 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 Dolphin Digital Media, Inc. (the
"Company") on Form 10-Q for the period ended June 30, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, William
O'Dowd IV as Principal Executive Officer and Principal Financial Officer of the
Company, certify, pursuant to 13 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.

Date: August 19, 2009


/s/ William O'Dowd IV
--------------------------------
William O'Dowd IV
Principal Executive Officer and
Principal Financial Officer







                                       16
* 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. 08-10047

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

RICHARD EARL KEMP

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:07-CR-96-ALL

Before KING, BARKSDALE, and OWEN, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Richard Earl Kemp

has moved for leave to withdraw and has filed a brief in accordance with Anders

v. California, 386 U.S. 738 (1967). Kemp has not filed a response. Our

independent review of the record and counsel’s brief discloses no nonfrivolous

issue for appeal. Accordingly, counsel’s motion for leave to withdraw is

GRANTED, counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

October 22, 2008

Charles R. Fulbruge III

Clerk