alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

February 26, 2010 

d0222 

Order 

 

February 26, 2010 

140436 & (27)(28) 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 140436 

 COA: 293161 

Wayne CC: 98-009513 

LEROY LYONS, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the motion for immediate consideration is GRANTED. 

The application for leave to appeal the November 23, 2009 order of the Court of Appeals 

is considered, and it is DENIED, because the defendant has failed to meet the burden of 

establishing entitlement to relief under MCR 6.508(D). The motion for appointment of 

counsel is DENIED.
* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** This panel unanimously finds this case suitable for decision without oral

argument. See Fed. R. App. P. 34(a)(2).

*** The Honorable Susan R. Bolton, District Judge for the District of

Arizona, sitting by designation.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

AWAD ABDELRAHAM ALY,

 Petitioner,

 v.

ERIC H. HOLDER Jr., Attorney General

 Respondent.

No. 08-71936

Agency No. A095-632-557

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted June 10, 2011**

Pasadena, California

Before: KOZINSKI, Chief Judge, IKUTA, Circuit Judge, and BOLTON,*** District

Judge. 

Awad Abdelraham Aly, a native and citizen of Egypt, petitions for review of

FILED

JUN 23 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

a decision of the Board of Immigration Appeals (“BIA”) denying Aly’s motion to

reconsider the denial of his appeal of a prior motion to reopen. We deny the petition

in part and dismiss in part.

First, in the proceedings before the BIA, Aly did not challenge the decisions of

the IJ or the BIA to construe his earlier motion as a motion to reopen. Therefore, Aly

did not exhaust his argument that the BIA erred in construing his earlier motion, and

we lack jurisdiction to consider his argument. See 8 U.S.C. § 1252(d)(1); Barron v.

Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004). The BIA properly construed Aly’s

second motion as a motion to reopen and denied it as an impermissible second motion

to reopen. See 8 C.F.R. § 1003.2(c); see also Iturribarria v. INS, 321 F.3d 889, 895-96

(9th Cir. 2003).

Second, to the extent Aly’s motion could be construed as a motion to

reconsider, the BIA did not abuse its discretion in denying the motion. Because Aly

failed to adequately raise a challenge to the BIA’s denial of his motion based on its

determination that Aly failed to rebut the presumption of proper delivery of notice, he

has forfeited his right to challenge that denial. See Martinez-Serrano v. INS, 94 F.3d

1256, 1259 (9th Cir. 1996) (noting that issues in the opening brief not supported by

argument are deemed abandoned). In addition, Aly’s motion did not specify any error

of fact or law, and the evidence submitted by Aly was not sufficient to overcome the
3

presumption of effective service. Cf. Sembiring v. Gonzales, 499 F.3d 981, 988-90

(9th Cir. 2007) (describing evidence sufficient to overcome presumption of effective

service); Salta v. INS, 314 F.3d 1076, 1079 (9th Cir. 2002) (same).

Finally, the BIA considered the pending fraud charge only in evaluating Aly’s

incentives to attend the removal proceedings. The record does not indicate that the

BIA impermissibly relied on any assumptions about Aly’s guilt.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.
#### STATE OF NORTH CAROLINA v. FRANK KELLER

No. 6825SC355

(Filed 11 December 1968)

Appeal by defendant from *Falls, J.,*at the 16 May 1968 Session of Caldwell Superior Court.

Defendant was indicted in two cases for forging checks and uttering said checks. The cases were consolidated for trial, and on a verdict of guilty as charged, defendant was given active prison sentences from which he appealed.

• *Attorney General T. Wade Bruton and Trial Attorney William F. Briley for the State.*

*Neil D. Beach for defendant appellant.*

Britt, J.

We have carefully reviewed the record filed in this case, with particular reference to the questions raised in the brief of defendant’s court-appointed attorney. Not only do we fail to find prejudicial error, but we fail to find any question presented that merits discussion.

The defendant had a fair trial, free from prejudicial error, and the sentences imposed were within statutory limits.

No error.

Beock and Paeeee, JJ., concur.
EXHIBIT 31.2

                                  CERTIFICATION

I, Todd J. Raziano, certify that:

1.    I have reviewed this quarterly report on Form 10-Q of Premier
      Entertainment Biloxi LLC and Premier Finance Biloxi Corp.;

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 registrants as of, and for, the periods presented in this report;

4.    The registrants' 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) for the registrants
      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 registrants, including
      their consolidated subsidiaries, is made known to us by others within
      those entities, particularly during the period in which this report is
      being prepared;

            b) Evaluated the effectiveness of the registrants' 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

            c) Disclosed in this report any change in the registrants' internal
      control over financial reporting that occurred during the registrants'
      most recent fiscal quarter that has materially affected, or is reasonably
      likely to materially affect, the registrants' internal control over
      financial reporting; and

5.    The registrants' other certifying officer and I have disclosed, based on
      our most recent evaluation of internal control over financial reporting,
      to the registrants' auditors and the audit committee of the registrants'
      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 registrants' 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 registrants' internal
      control over financial reporting.


Date: May 12, 2006


/s/ Todd J. Raziano
-------------------------------------------------
Todd J. Raziano
Senior Vice President and Chief Financial Officer
EXHIBIT 32.1



CERTIFICATION OF CEO AND CFO PURSUANT TO

18 U.S.C. § 1350,

AS ADOPTED PURSUANT TO

§ 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report on Form 10-K of Private Media Group, Inc. (the Company) for the annual period ending December 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the Report), Berth Milton, President and Chief Executive Officer of the Company, and Johan Gillborg, Vice President, Chief Financial Officer and Chief Accounting
Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to the best of his 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 results of operations of the Company.



|                       
|-----------------------
|/s/ Berth Milton       
|Berth Milton           
|Chief Executive Officer



March
29, 2004



|                       
|-----------------------
|/s/ Johan Gillborg     
|Johan Gillborg         
|Chief Financial Officer



March
29, 2004



This certification accompanies this Report pursuant
to § 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 § 18 of the Securities Exchange Act of 1934, as amended.
No. 1431, Misc.

Petitioner *pro se. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg*and *Felicia Dubrovsky*for the United States.

#### Mohler *v.*United States.

C. A. 7th Cir. Certiorari denied.
Exhibit 32.2



Educate, Inc.



Certification of Principal Financial Officer

Pursuant to 18 U.S.C. 1350

(Section 906 of the Sarbanes-Oxley Act of 2002)



I, Kevin E. Shaffer, Chief Financial Officer of Educate, Inc. (the Company),
certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



| | 1. | The Quarterly Report on Form 10-Q of the Company for the quarter ended March 31, 2005 (the Report) fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m); and
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Kevin E. ShafferName:

Kevin E. ShafferDate:

May 16, 2005




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.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

DOUGLAS CARL GIBBONEY,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 810 MAL 2017

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 16th day of April, 2018, the Petition for Allowance of Appeal is 

DENIED.
Motion Dismissed as Moot and Order filed September 1, 2022 

In The

Fourteenth Court of Appeals

____________

NO. 14-22-00143-CR

____________

BABATUNDE MOSOPE ADENIYI, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 268th District Court

Fort Bend County, Texas

Trial Court Cause No. 19-DCR-089609

ORDER

A supplemental clerk’s record filed May 3, 2022, in this appeal reflects 

Patrick McCann was appointed to represent appellant on May 2, 2022. 

Subsequently, two extensions of time to file appellant’s brief were granted to July 

29, 2022. When we granted the last extension, we noted that no further extensions 

would be granted absent exceptional circumstances. Appellant’s brief was not filed 

and on August 2, 2022, notice was sent. On August 16, 2022, a third motion for 

extension of time was filed, requesting sixty more days to file appellant’s brief.
The motion states that a request for the reporter’s record has now been made

and the trial court directed the court reporter to prepare the record. Appellant’s 

motion to extend time to file appellant’s brief is therefore moot and the motion is 

dismissed.

As of this date, the court has not received a request to extend time for filing 

the record from the court reporter. Accordingly, we order Marisol Ramos, the court 

reporter, to file the record in this appeal within 30 days of the date of this order. 

PER CURIAM

Panel Consists of Justices Jewell, Bourliot, and Zimmerer.
----

**EXHIBIT      32.1**

**CERTIFICATION      OF CHIEF EXECUTIVE OFFICER**

**PURSUANT      TO 18 U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

| (1)    | the                Report fully complies with the requirements of §13(a) or 15(d) of the                Securities Exchange Act of 1934, 15 U.S.C. §78m or 78o(d),                and,  |
|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                              |
| (2)    | the                information contained in the Report fairly presents, in all material                respects, the financial condition and results of operations of the                Company. |

| Dated:  December                11, 2007 |   | /s/                Jason Gonzalez                    |   |
|----------------------------------------------------|--------|------------------------------------------------------|--------|
|                                               |   |                                                 |   |
|                                               |   | Jason                Gonzalez                        |   |
|                                               |   |                                                 |   |
|                                               |   | President                and Chief Executive Officer |   |
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                                     <C>
<PERIOD-TYPE>                           1-MO
<FISCAL-YEAR-END>                       DEC-31-1999
<PERIOD-START>                          JAN-01-1999
<PERIOD-END>                            DEC-31-1999
<CASH>                                     826,853
<SECURITIES>                                     0
<RECEIVABLES>                            8,311,655
<ALLOWANCES>                            36,555,846
<INVENTORY>                                      0
<CURRENT-ASSETS>                         5,482,662
<PP&E>                                  13,440,672
<DEPRECIATION>                           1,546,117
<TOTAL-ASSETS>                          20,249,780
<CURRENT-LIABILITIES>                   36,386,137
<BONDS>                                  1,356,019
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                     17
<COMMON>                                    18,085
<OTHER-SE>                             (19,574,180)
<TOTAL-LIABILITY-AND-EQUITY>            20,249,780
<SALES>                                          0
<TOTAL-REVENUES>                        25,799,731
<CGS>                                            0
<TOTAL-COSTS>                           11,344,022
<OTHER-EXPENSES>                        14,690,296
<LOSS-PROVISION>                         3,547,355
<INTEREST-EXPENSE>                       3,469,369
<INCOME-PRETAX>                         (7,251,311)
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                     (7,251,311)
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                     0
<EPS-BASIC>                                (.410)
<EPS-DILUTED>                                (.410)


</TABLE>
<PAGE>   1

                                                                      EXHIBIT 12


                            SPLITROCK SERVICES, INC.
               COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                       (Amounts in thousands of dollars)

                                                   December 31,    December 31,
                                                       1997            1998
                                                   ------------    ------------

Pre-tax loss from continuing operations              $(10,121)       $(57,830)

Fixed charges:
  Interest expense and amortization
  of debt discount and premium on
  all indebtedness                                        235          15,390

Rentals:
  Facilities - 33%                                         72             219
                                                     --------        --------
  Total fixed charges                                     307          15,609
                                                     --------        --------
Loss before income taxes and fixed charges           $ (9,814)       $(42,221)

Ratio of earnings to fixed charges                      (A)             (A)
                                                     --------        --------

(A) As a result of the losses incurred in the period from inception (March 5)
    to December 31, 1997 and the year ended 1998, the Company was unable to
    fully cover the indicated fixed charges.
I 

111TH CONGRESS 

1ST SESSION H. R. 491 

To direct the Secretary of Transportation to waive non-Federal share requirements for certain transportation programs and activities through September 30, 2009. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2009 

Mr. WELCH introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL 

To direct the Secretary of Transportation to waive nonFederal share requirements for certain transportation 

programs and activities through September 30, 2009. 

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

3 SECTION 1. NON-FEDERAL SHARE REQUIREMENTS APPLI4 CABLE TO TRANSPORTATION PROGRAMS 

5 AND ACTIVITIES. 

6 (a) TEMPORARY WAIVER.—For the period specified 

7 in subsection (b), the Secretary of Transportation shall 

8 waive any requirement that would otherwise require a 

9 State or local government to contribute non-Federal funds 


jbell on PROD1PC69 with BILLS
2 

•HR 491 IH

1 toward the cost of a covered transportation program or 

2 activity. 

3 (b) APPLICABILITY.—Subsection (a) shall apply with 

4 respect to a covered transportation program or activity 

5 carried out by a State or local government during the pe6 riod beginning on the date of enactment of this Act and 

7 ending on September 30, 2009. 

8 (c) COVERED TRANSPORTATION PROGRAM OR ACTIV9 ITY DEFINED.—In this section, the term ‘‘covered trans10 portation program or activity’’ means a program or activ11 ity for which funds are authorized by the Safe, Account12 able, Flexible, Efficient Transportation Equity Act, A 

13 Legacy for Users (119 Stat. 1144 et seq.) or an amend14 ment made by that Act. 

15 (d) STATUTORY CONSTRUCTION.—Nothing in this 

16 section shall be construed to prohibit a State or local gov17 ernment from contributing non-Federal funds toward the 

18 cost of a covered transportation program or activity. 

Æ 


jbell on PROD1PC69 with BILLS
Exhibit 32.2

Certification

I, Ingrid G. Safranek, certify, pursuant to Rule 13(a)-14(b) or Rule 15(d)-14(b) of the Securities Exchange Act of 1934 and 18
U.S.C. Section 1350, that (i) the Quarterly Report on Form 10-Q of MMR Information Systems, Inc. for the quarterly period ended March 31, 2010
fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii) the information contained
in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of MMR
Information Systems, Inc.

|                      
|----------------------
|/s/ Ingrid G. Safranek
|Name:                 
|Title:                
|Date:                 

The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, and is not being "filed" as part of the Form 10-Q or as a separate disclosure document
for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to liability
under that section. This certification shall 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 this Exhibit 32.2 is expressly and specifically incorporated by
reference in any such filing.

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.

---
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.                  

###### Commodity Futures Trading Commission

# Contact Person for More Information:

Jean A. Webb, (202) 418-5100. 

Jean A. Webb, 

Secretary of the Commission.

[FR Doc. 05-20879 Filed 10-14-05; 9:44 am]

BILLING CODE 6351-01-M