alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE OF NORTH CAROLINA v. JUDY ANN McDANIEL

No. 7112SC120

(Filed 31 March 1971)

Criminal Law § 155.5— docketing of appeal

Criminal appeal is subject to dismissal for failure of defendant to docket the case on appeal within ninety days. Court of Appeals Rule No. 5.

Appeal by defendant from *Cooper, Superior Court Judge,*6 August 1970 Term, Cumberland County Superior Court.

Defendant was charged in a valid bill of indictment with possession of the narcotic drug heroin. Defendant, an indigent, was represented by court-appointed counsel and entered a plea of not guilty.

*744Evidence for the State tended to show that Officer White of the Fayetteville Police Department observed the defendant sniffing something from a piece of paper. He approached the defendant and asked to see what she had in her hand. She refused and Officer White placed her under arrest. A few minutes later, she voluntarily opened her hand revealing something like waxed paper with a white substance contained therein. The substance was subsequently examined by the S.B.I. and determined to be heroin.

The jury returned a verdict of guilty as charged. From a sentence of 2 to 3 years, the defendant appeals to this Court.

*Attorney General Robert Morgan by Staff Attorney Howard P. Satisky for the State.*

*Mitchel E. Gadsden for defendant appellant.*

CAMPBELL, Judge.

The judgment in this case was entered on 6 August 1970. The case on appeal was not docketed in this Court until 16 December 1970 and no order extending the time for docketing appears in the record. Rule 5 of the Rules of Practice in the Court of Appeals allows ninety days to docket the case on appeal. As this case was not docketed within the prescribed period of time, the appeal is subject to dismissal for failure to comply with the Rules.

We have, nevertheless, examined each of defendant’s assignments of error and find no prejudicial error. *State v. Roberts,*276 N.C. 98, 171 S.E. 2d 440 (1970) covers all points raised by the defendant. Defendant has had a fair trial in all respects.

Appeal dismissed.

Judges Britt and Hedrick concur.
##### 



Exhibit 12 COMPUTATION OF RATIO OF INCOME TO COMBINED FIXED CHARGESSEARS, ROEBUCK AND CO. AND CONSOLIDATED SUBSIDIARIES
(Unaudited) For the Fiscal Year Ended(millions, except ratios)
    
    2004
    
    
    2003
    
    
    2002
    
    
    2001
    
    
    2000Fixed
Charges
Interest and amortization of debt discount
and expense on all indebtedness
    
    $
    276
    
    
    $
    1,816
    
    
    $
    1,143
    
    
    $
    1,415
    
    
    $
    1,248Add interest element implicit in rentals
    
    
    142
    
    
    
    167
    
    
    
    157
    
    
    
    161
    
    
    
    136418
    
    
    
    1,983
    
    
    
    1,300
    
    
    
    1,576
    
    
    
    1,384Interest capitalized
    
    
    0
    
    
    
    1
    
    
    
    4
    
    
    
    11
    
    
    
    4Total fixed charges
    
    $
    418
    
    
    $
    1,984
    
    
    $
    1,303
    
    
    $
    1,587
    
    
    $
    1,388Income
Income before income taxes, minority interest
and cumulative effect of change in accounting principle
    
    $
    547
    
    
    $
    5,449
    
    
    $
    2,453
    
    
    $
    1,223
    
    
    $
    2,223Deduct
undistributed net income
of unconsolidated companies
    
    
    8
    
    
    
    8
    
    
    
    20
    
    
    
    12
    
    
    
    17539
    
    
    
    5,441
    
    
    
    2,433
    
    
    
    1,211
    
    
    
    2,206Add
Fixed charges (excluding interest capitalized)
    
    
    418
    
    
    
    1,983
    
    
    
    1,300
    
    
    
    1,576
    
    
    
    1,384Income
before fixed charges and
income taxes
    
    $
    957
    
    
    $
    7,424
    
    
    $
    3,733
    
    
    $
    2,787
    
    
    $
    3,590Ratio of income to fixed charges
    
    
    2.29
    
    
    
    3.74
    
    
    
    2.86
    
    
    
    1.76
    
    
    
    2.59
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit

______________________ 

RAYMOND E. STAUFFER, 

Plaintiff-Appellant,

v.

BROOKS BROTHERS, INC., AND RETAIL BRAND 

ALLIANCE, INC.,

Defendants-Appellees,

AND

UNITED STATES,

Intervenor-Appellee.

______________________ 

2013-1180

______________________ 

Appeal from the United States District Court for the 

Southern District of New York in No. 08-CV-10369, Judge 

Sidney H. Stein.

______________________ 

ON MOTION

______________________

O R D E R

Case: 13-1180 Document: 43 Page: 1 Filed: 09/11/2013
2 STAUFFER v. BROOKS BROTHERS, INC.

Upon further review of the motions filed July 18, 

2013, July 22, 2013, and August 8, 2013, the court’s 

September 5, 2013 order is revised as follows:

IT IS ORDERED THAT:

1) Mr. Stauffer’s untimely brief is accepted for filing. 

The appellees should calculate their brief due date from 

the date of this order. 

2) All other motions are denied.

 FOR THE COURT

 

 /s/ Daniel E. O’Toole

 Daniel E. O’Toole

 Clerk 

s25

Case: 13-1180 Document: 43 Page: 2 Filed: 09/11/2013
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

**COMMONWEALTH OF PENNSYLVANIA,**

**Respondent**

**v.**

**THOMAS HENDERSON,**

**Petitioner :** 

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**: No. 243 WAL 2016** 

**Petition for Allowance of Appeal from the Order of the Superior Court** 

ORDER

PER CURIAM

AND NOW **, this 1st day of November, 2016, the Petition for A llowance of Appeal** 

**is** DENIED

**.**
<TABLE> <S> <C>
                                               
<ARTICLE>                                           5
                                                     
<S>                                                   <C>
<PERIOD-TYPE>                                       12-mos
<FISCAL-YEAR-END>                                   dec-31-1998
<PERIOD-END>                                        dec-31-1998
<CASH>                                                               600
<SECURITIES>                                                           0
<RECEIVABLES>                                                          0
<ALLOWANCES>                                                           0
<INVENTORY>                                                            0
<CURRENT-ASSETS>                                                       0
<PP&E>                                                                 0
<DEPRECIATION>                                                         0
<TOTAL-ASSETS>                                                       600
<CURRENT-LIABILITIES>                                                  0
<BONDS>                                                                0
<PREFERRED-MANDATORY>                                                  0
<PREFERRED>                                                            0
<COMMON>                                                               0
<OTHER-SE>                                                           600
<TOTAL-LIABILITY-AND-EQUITY>                                         600
<SALES>                                                                0
<TOTAL-REVENUES>                                                       0
<CGS>                                                                  0
<TOTAL-COSTS>                                                          0
<OTHER-EXPENSES>                                                       0
<LOSS-PROVISION>                                                       0
<INTEREST-EXPENSE>                                                     0
<INCOME-PRETAX>                                                        0
<INCOME-TAX>                                                           0
<INCOME-CONTINUING>                                                    0
<DISCONTINUED>                                                         0
<EXTRAORDINARY>                                                        0
<CHANGES>                                                              0
<NET-INCOME>                                                           0
<EPS-PRIMARY>                                                          0
<EPS-DILUTED>                                                          0
        
 

</TABLE>
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 525 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 525

To amend the Internal Revenue Code of 1986 to repeal the recapture rule 
of the first-time homebuyer credit and to extend the application of the 
                          credit through 2009.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2009

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

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to repeal the recapture rule 
of the first-time homebuyer credit and to extend the application of the 
                          credit through 2009.

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

SECTION 1. MODIFICATIONS OF FIRST-TIME HOMEBUYER CREDIT.

    (a) Repeal of Recapture Rule.--Section 36 of the Internal Revenue 
Code of 1986 (relating to first-time homebuyer credit) is amended by 
striking subsection (f) (relating to recapture of credit) and 
redesignating subsections (g) and (h) as subsections (f) and (g), 
respectively.
    (b) Extension of Application of Section.--Subsection (g) of such 
Code (as redesignated by subsection (a)) is amended by striking ``July 
1, 2009'' and inserting ``January 1, 2010''.
    (c) Conforming Amendment.--Section 26(b)(2) of such Code is amended 
by adding ``, and'' at the end of subparagraph (U), by striking ``, 
and'' at the end of subparagraph (V) and inserting a period, and by 
striking subparagraph (W).
    (d) Effective Dates.--The amendments made by this section shall 
apply to residences purchased on or after the date of the enactment of 
this Act.
                                 <all>
```
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.                  

###### Department of the Interior

###### Bureau of Land Management

          - [AZ-910-0777-XP-241A]

# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Arizona Resource Advisory Council Meeting notice.

# SUMMARY:

This notice announces a meeting of the Arizona Resource Advisory Council (RAC).

The business meeting will be held on December 6, 2005, in Phoenix, Arizona, at the Arizona State Office located at One North Central Avenue, 8th floor. It will begin at 9:30 a.m. and conclude at 4:30 p.m. The agenda items to be covered include: Review of the August 23, 2005 Meeting Minutes; BLM State Director's Update on Statewide Issues; New RAC Member Orientation; Presentations on San Pedro Water Rights Issues; Rangeland Inventory and Monitoring; Arizona Land Use Planning Update; RAC Questions on Written Reports from BLM Field Managers; Field Office Rangeland Resource Team Proposals; Reports by the Standards and Guidelines, Recreation, Off-Highway Vehicle Use, Public Relations, Land Use Planning and Tenure, and Wild Horse and Burro Working Groups; Reports from RAC members; and Discussion of future meetings. A public comment period will be provided at 11:30 a.m. on December 6, 2005, for any interested publics who wish to address the Council.

# FOR FURTHER INFORMATION CONTACT:

Deborah Stevens, Bureau of Land Management, Arizona State Office, One North Central Avenue, Phoenix, Arizona 85004, (602) 417-9215.

Carl Rountree,

Acting Arizona State Director.

[FR Doc. 05-21602 Filed 10-28-05; 8:45 am]

BILLING CODE 4310-32-P
<PAGE>   1
                                                                      EXHIBIT 23

                                 March 26, 2001


San Juan Basin Royalty Trust
Bank One, NA
Corporate Trust Department
500 Throckmorton Street, Suite 801
Fort Worth, Texas 76102

Ladies and Gentlemen:

         Cawley, Gillespie & Associates, Inc. hereby consents to the use of the
oil and gas reserve information in the San Juan Basin Royalty Trust Securities &
Exchange Commission Form 10-K for the year ended December 31, 2000 and in the
San Juan Basin Royalty Trust Annual Report for the year ended December 31, 2000
based on reserve reports prepared by Cawley, Gillespie & Associates, Inc. and
dated March 22, 2001.


                                       Sincerely,

                                       /s/ CAWLEY, GILLESPIE & ASSOCIATES, INC.

                                       CAWLEY, GILLESPIE & ASSOCIATES, INC.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-6375

BILLY LEE LISENBY, JR.,

Plaintiff - Appellant,

versus

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS;

GERALDINE MIRO; BETSY ALBRITTON, Captain;

VERNSITE MOLE, Lieutenant; L. SMITH, Correctional Officer; MARK HOLMES, Correctional

Officer; MCKINLY NEWTON, Captain; KENNETH

GREENE, Sergeant; ERWIN HAY, Lieutenant; BOBBY

SMOKE, Correctional Officer; TIMOTHY ANDERSON,

Correctional Officer; DOUGLAS LAMBRIGHT, Lieutenant; RICKY GRIMES, Lieutenant; KEN LONG,

Grievance Clerk; MICHAEL GINN, Captain; L. T.

ADAMS, Correctional Officer; MCKITHER BODISON;

L. J. ALLEN, Regional Director; W. D. CATOE,

Director,

Defendants - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Florence. David C. Norton, District Judge.

(CA-99-362-4-18)

Submitted: May 25, 2000 Decided: June 6, 2000

Before WILLIAMS, MICHAEL, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.
2

Billy Lee Lisenby, Jr., Appellant Pro Se. William Ansel Collins,

Jr., SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Columbia, South

Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* Generally, dismissals without prejudice are not appealable.

See Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d

1064, 1066 (4th Cir. 1993). However, a dismissal without prejudice

could be final if no amendment to the complaint could cure the

defects in the plaintiff’s case. See id. at 1066-67. We find that

the district court’s order is a final, appealable order because the

defects in Lisenby’s complaint—failure to exhaust administrative

remedies and failure to show that his disciplinary convictions had

been invalidated—must be cured by something more than an amendment

to the complaint. See id.

3

PER CURIAM:

Billy Lee Lisenby, Jr., appeals the district court’s order

dismissing without prejudice his 42 U.S.C.A. § 1983 (West Supp.

1999) complaint, a portion of which the district court construed as

a habeas corpus action under 28 U.S.C.A. § 2254 (West 1994 & Supp.

1999).* We have reviewed the record, the district court’s opinion

accepting the magistrate judge’s recommendation, and Lisenby’s

informal appellate brief. Because Lisenby failed to challenge the

district court’s reasoning, he has not preserved any issue for our

review. See 4th Cir. R. 34(b). Accordingly, we affirm on the reasoning of the district court. See Lisenby v. South Carolina Dep’t

of Corrections, No. CA-99-362-4-18 (D.S.C. Mar. 9, 2000). 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
**Exhibit32**

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe Quarterly Report of River Rock Entertainment Authority (the “Authority”) onForm 10-Q for the quarter ended September 30, 2006 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), each of theundersigned officers does hereby certify, pursuant to 18 U.S.C. § 1350, asadopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to suchofficers knowledge:

(1)The Report fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

(2) The informationcontained in the Report fairly presents, in all material respects, the financialcondition and result of operations of the Authority.
| By:                      | /s/ SHAWN S.  SMYTH |   |
|--------------------------|---------------------|--------|
| Shawn S. Smyth           |
| Chief Executive  Officer |
| November 20,  2006       |
|                     |
| By:                      | /s/ DAVID B.  WOLFE |   |
| David B. Wolfe           |
| Chief Financial  Officer |
| November 20,  2006       |

 

A signed originalof this written statement required by Section 906 has been provided to theRiver Rock Entertainment Authority and will be retained by the River RockEntertainment Authority and furnished to the Securities and Exchange Commissionor its staff upon request.

----
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED CONDENSED BALANCE SHEET, STATEMENTS OF OPERATIONS AND CASH FLOWS
AND ACCOMPANYING NOTES AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS AND NOTES.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          FEB-28-1999
<PERIOD-START>                             MAR-01-1998
<PERIOD-END>                               NOV-30-1998
<CASH>                                          13,767
<SECURITIES>                                         0
<RECEIVABLES>                                  126,082
<ALLOWANCES>                                     2,593
<INVENTORY>                                    166,742
<CURRENT-ASSETS>                               373,360
<PP&E>                                         287,149
<DEPRECIATION>                                 130,216
<TOTAL-ASSETS>                                 695,066
<CURRENT-LIABILITIES>                          276,381
<BONDS>                                        121,199
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,184
<OTHER-SE>                                     254,528
<TOTAL-LIABILITY-AND-EQUITY>                   695,066
<SALES>                                      1,723,420
<TOTAL-REVENUES>                             1,723,420
<CGS>                                        1,584,115
<TOTAL-COSTS>                                1,584,115
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   172
<INTEREST-EXPENSE>                               8,185
<INCOME-PRETAX>                                    882
<INCOME-TAX>                                     1,094
<INCOME-CONTINUING>                               (212)
<DISCONTINUED>                                (136,166)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (136,378)
<EPS-PRIMARY>                                    (7.27)
<EPS-DILUTED>                                    (7.27)
        

</TABLE>
Exhibit 32.1

CERTIFICATION PURSUANT TO SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as Chief Executive Officer of Norcraft Holdings, L.P. and Norcraft Companies, L.P. (together, the Company), does hereby certify that to the
undersigneds knowledge:

1) the Companys Quarterly Report on Form 10-Q for the period ending March 31, 2008 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
Companys Quarterly Report on Form 10-Q for the period ending March 31, 2008 fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                   |  |  |  |                                      
|------------------ |  |  |  | -------------------------------------
|Date: May 15, 2008 |  |  |  | /s/ Mark Buller                      
|                   |  |  |  | Mark Buller  Chief Executive Officer

A signed original of this written statement, required by Section 906, has been provided to Norcraft Holdings,
L.P. and Norcraft Companies, L.P. and will be retained by Norcraft Holdings, L.P. and Norcraft Companies, L.P. and furnished to the Securities and Exchange Commission or its staff upon request.
CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350.
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

                                                                    Exhibit 99.2

In connection with the Quarterly Report of Investment Properties Associates (the
"Company") on Form 10-Q for the period ending June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert
Hecht, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 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/ Robert Hecht
-------------------------
Robert Hecht

Chief Financial Officer

August 28, 2002


                                       10