alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### CHARLES W. JOYNER, Petitioner, v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF WINSTON-SALEM; AMOS SPEAS; J. A. HANCOCK; CARL DULL, JR.; ROY SETZER; A. T. HARRINGTON; C. C. SMITHDEAL and DOUGLAS B. ELAM, Respondents.

(Filed 13 April, 1966.)

Appeal by petitioner, Charles W. Joyner, from *Lupton, J.,*November 15, 1965 Civil Session, FoRsyth Superior Court.

The petitioner filed with the Zoning Board of Adjustment a request for a special use permit to park a mobile home on a lot near Huff Circle in an area zoned Rural. The Board denied the permit. Judge Lupton reviewed the record on *certiorari,*affirmed the decision of the Board, and dismissed the proceeding. The petitioner appealed.

*Harold R. Wilson, Edward R. Green for petitioner appellant.*

*Womble, Carlyle, Sandridge & Rice by W. F. Wornble for respondent appellees.*

Per Curiam.

This appeal presents the same legal questions decided this day in the companion case of *John P. Craver and wife v. Board of Adjustment.*The two cases were argued together by the same counsel. On the authority of that decision, the judgment is

Affirmed.

Moore, J., not sitting.
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.                  

###### National Science Foundation

# AGENCY:

National Science Foundation.

# ACTION:

Notice of permits issued under the Antarctic Conservation Act of 1978, Public Law 95-541.

# SUMMARY:

The National Science Foundation (NSF) is required to publish notice of permit modification issued under the Antarctic Conservation Act of 1978. This is the required notice.

# FOR FURTHER INFORMATION CONTACT:

Nadene G. Kennedy, Permit Office, Office of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230.

# SUPPLEMENTARY INFORMATION:

                    On September 19, 2005, the National Science Foundation published a notice in the                     **Federal Register**                     of a Waste Management permit modification request received. A modification to a Waste Management permit was issued on October 24, 2005, to the following applicant: Rennie S. Holt—Permit No. 2002 WM-002 Mod. 1.                

Nadene G. Kennedy, 

Permit Officer.

[FR Doc. 05-21566  Filed 10-27-05; 8:45 am]

BILLING CODE 7555-01-M
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. 09-40526

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ROSALIO GOMEZ-MARTINEZ,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:08-CR-1306-1

Before KING, JOLLY, and SOUTHWICK, Circuit Judges. 

PER CURIAM:*

The Federal Public Defender appointed to represent Rosalio GomezMartinez has moved for leave to withdraw and has filed a brief in accordance

with Anders v. California, 386 U.S. 738 (1967). Gomez-Martinez 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

December 15, 2009

Charles R. Fulbruge III

Clerk
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                         AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Amendment No. 2 to the Quarterly Report on
Form 10-Q of Advantage Capital Development Corp. for the Quarter Ending
September 30, 2004, I, Jeffrey Sternberg, Chief Executive Officer and Chief
Financial Officer of Advantage Capital Development Corp. hereby certify pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

     1.   Such amended quarterly report of Form 10-Q for the period ending
          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 Amended Quarterly Report on Form
          10-Q for the period ended September 30, 2004, fairly represents in all
          material respects, the financial condition and results of operations
          of Advantage Capital Development Corp.


Dated:    April 26, 2005

ADVANTAGE CAPITAL DEVELOPMENT CORP.


By:  /s/ Jeffrey Sternberg
-----------------------------------------
Chief Executive Officer
Chief Financial Officer
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 

          - [WY-920-1310-01; WYW 146279] 

# AGENCY:

Bureau of Land Management, Interior. 

# ACTION:

Notice of proposed reinstatement of terminated oil and gas lease.

# SUMMARY:

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease WYW146279 from Gulf Exploration LLC for lands in Converse County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. 

# FOR FURTHER INFORMATION CONTACT:

Bureau of Land Management, Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication, at (307) 775-6176. 

# SUPPLEMENTARY INFORMATION:

                    The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10.00 per acre or fraction thereof, per year and 162/3                     percent, respectively. The lessee has paid the required $500 administrative fee and $166 to reimburse the Department for the cost of this                     **Federal Register**                     notice. The lessee has met all the requirements for reinstatement of the lease as set out in section 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease WYW146279 effective October 1, 2004, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. BLM has not issued a valid lease affecting the lands.                 

Pamela J. Lewis, 

Chief, Branch of Fluid Minerals Adjudication. 

[FR Doc. 05-21740 Filed 10-31-05; 8:45 am] 

BILLING CODE 4310-22-P
#### In the matter of the appeal from the decree of the orphans court of the county of Camden, admitting to probate a certain paper writing as the last will and testament of John W. Johnson, deceased.

[Decided January 13th, 1932.]

*Messrs. Boyle &*Archer, for the appellants.

*Mr. Joseph Bede*Tyler, for the respondents.

Ingeksoll, Y. 0.

After a very careful examination of the testimony, and due consideration of the arguments presented, I concur in the findings of the orphans court, and were it not for the fact that the judge of that court concludes his opinion as follows: “I am of the opinion, and I find as a fact, that the *caveators*have failed in their proof to establish the fact that the will was the result of undue influence, and will dismiss the *caveat*and order the probate of the will/’ I would advise an affirmance upon that opinion.

However, I deem it necessary to refer to the question of burden of proof.

It is unnecessary to determine whether the circumstances which have been related raise the presumption that undue influence had been exerted by the proponent *(In re Morrisey’s*Will, *91 N. J. Eq. 180),*as that presumption has been overcome by his denial in a convincing manner. *In re Morrisey’s*Will, *supra; In re Sparks’ Case, 68 N. J. Eq. 242.*

I will, therefore, advise an order affirming the order of the orphans court.
#### Donna R. DILDAY, Plaintiff-Appellant, v. Leon SALAZAR, et al., Defendants-Appellees.

No. 04-55610.

United States Court of Appeals, Ninth Circuit.

Submitted March 23, 2005.*

Decided April 4, 2005.

Donna R. Dilday, Big Bear City, CA, pro se.

David M. Marcus, Esq., Marcus, Watanabe *&*Dave, Los Angeles, CA, for Defendants-Appellees.

*166Before: B. FLETCHER, TROTT, and PAEZ, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Donna R. Dilday appeals pro se the district court’s judgment dismissing her action alleging that defendants committed fraud and perjury in connection with the sale of her home. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, *Sommatino v. United States,*255 F.3d 704, 707 (9th Cir.2001), and affirm.

The district court properly dismissed Dilday’s claim that the State of California unconstitutionally deprived her of her property as barred by the Eleventh Amendment. *See Cortez v. County of Los Angeles,*294 F.3d 1186, 1188 (9th Cir.2002).

The district court also properly dismissed Dilday’s remaining claims because she fails to allege facts sufficient to show either a federal question, 28 U.S.C. § 1331; *Republican Party of Guam v. Gutierrez,*277 F.3d 1086, 1089-90 (9th Cir.2002), or diversity, 28 U.S.C. § 1332(a); *Caterpillar, Inc. v. Lewis,*519 U.S. 61, 68, 117 S.Ct. 467, 136 L.Ed.2d 437, (1996). Accordingly, we affirm.

Dilday’s remaining contentions lack merit.

We deny all pending motions.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
DISMISS; and Opinion Filed December 14, 2016. 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 16

- 01053

- CV
BRITTANY D. SANDOVAL 1 , Appellant V. EMCASCO INSURANCE COMPANY , Appellee
On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC

- 16

- 04443


### MEMORANDUM OPINION Before Justices Bridges, Evans, and Schenck Opinion by Justice Schenck This appeal concerns a default judgment, whic h was signed May 25, 2016. Appellant

filed her no tice of appeal on August 31, 2016. However, because the record does not reflect appellant filed a motion to modify the judgment, or request for findings of facts and conclusions of law, the notice of appea l was due no later than June 24, 2016, or with a timely extension motion, July 11, 2016. See T EX

. R. A PP

. P. 4.1, 26.1. By letter dated October 5, 2016, we directed appellant to provide the Court, no later than October 17, 2016, a letter brief explaining how the Court has jurisdiction over the appeal. See
Garza v. Hibernia Nat l . Bank , 227 S.W.3d 233, 233 (Tex. App.

— Houston [1st Dist.] 2007, no pet.) (timely filing of notice of appeal is jurisdictional). We cautioned appellant that failure to do

1 Brittany D. Sandoval, appearing pro se, filed the notice of appeal on behalf of herself and Clar i Williams. A pro se party, however, cannot represent another party in litigation on appeal. See Laguan v. Lloyd , 493 S.W.3d 720, 721 (Tex. App.

— Houston [1st Dist.] 2016, no pet.). Because Williams did not sign the notice of appeal or otherwise make an appearance, she is not a party to this appeal. See id

.– 2

– so could result in dismissal of the appeal without further notice. By order dated October 19, 2016, we granted appellant ’ s motion for an extension of time to file the jurisdictional letter brief

and ordered her to file the brief no later than November 4, 2016. To date, appellant has not filed the letter brief, and nothing before us demonstrates our jurisdiction. Accordingly, we dismiss the appeal for lack of jurisdiction. See T EX

. R. A PP

. P. 42.3(a).

161053F.P05 /David J. Schenck/ DAVID SCHENCK JUSTICE– 3

– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT

BRITTANY D. SANDOVAL, Appellant

No. 05

- 16

- 01053

- CV V.

EMCASCO INSURANCE COMPANY, Appellee On Appeal from the 68th Judicial District Court, Dallas County, Texas Trial Court Cause N o. DC

- 16

- 04443. Opinion delivered by Justice Schenck. Justices Bridges and Evans participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED

. It is ORDERED that appellee EMCASCO INSURANCE COMPANY recover costs of this appeal from appellant BRITTANY D. SANDOVAL.

Judgment entered this 14th day of December, 2016.
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.                  

###### Nuclear Regulatory Commission

          - [Docket No. 40-8838-MLA; ASLBP No. 00-776-04-MLA]

                    Pursuant to delegation by the Commission dated December 29, 1972, published in the                     **Federal Register**                    , 37 FR 28,710 (1972), and the Commission's regulations,                     *see*10 CFR 2.104, 2.300, 2.303, 2.309, 2.311, 2.318, and 2.321, notice is hereby given that an Atomic Safety and Licensing Board is being established to preside over the following proceeding:                

## U.S. Army

### (Jefferson Proving Ground Site)

                    This Licensing Board is being established pursuant to a Commission memorandum and order, CLI-05-23, 62 NRC—(Oct. 26, 2005), that (1) Affirmed a Presiding Officer's decision to reinstate this proceeding,                     *see*                     LBP-05-25, 62 NRC—(Sept. 12, 2005); and (2) directed that a three-member Licensing Board be appointed to conduct this reinstated proceeding, which is to be adjudicated using the revised procedural rules that became effective in February 2004,                     *see*69 FR 2182 (Jan. 24, 2004).                

*The Board is comprised of the following administrative judges:*

Alan S. Rosenthal, Chair, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

Dr. Paul B. Abramson, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

Dr. Richard F. Cole, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

All correspondence, documents, and other materials shall be filed with the administrative judges in accordance with 10 CFR 2.302.

Issued at Rockville, Maryland, this 1st day of November 2005.

G. Paul Bollwerk, III,

Chief Administrative Judge, Atomic Safety and Licensing Board Panel.

[FR Doc. 05-22099 Filed 11-14-05; 8:45 am]

BILLING CODE 7590-01-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6253

GEORGE LUTHER COOK, III,

Plaintiff - Appellant,

versus

J. KEELING, Former Assistant Warden-Programs;

MS. MCWATERS, Head Nurse/Hospital Administrator, Indian Creek Correctional Center; DOCTOR

IBARRA, Chief Doctor, Indian Creek Correctional Center,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior

District Judge. (CA-97-1008-2)

Submitted: July 22, 1998 Decided: August 6, 1998

Before ERVIN, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

George Luther Cook, III, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

George Luther Cook, III, appeals the district court’s order

dismissing his action under 42 U.S.C.A. § 1983 (West Supp. 1998)

for Cook’s failure to pay a partial filing fee. See 28 U.S.C.A.

§ 1915(b)(1) (West Supp. 1998). We have reviewed the record and the

district court’s opinion and find no reversible error. Accordingly,

we affirm on the reasoning of the district court. Cook v. Keeling,

No. CA-97-1008-2 (E.D. Va. Jan 26, 1998). 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
Exhibit 99.1

                    CERTIFICATION BY CHIEF EXECUTIVE OFFICER

In connection with the annual report of Inter-Tel,  Incorporated (the "Company")
on Form  10-K  for the  period  ended  December  31,  2002,  as  filed  with the
Securities and Exchange Commission (the "Report"),  I, Steven G. Mihaylo,  Chief
Executive Officer of the Company,  hereby certify as of the Date hereof,  solely
for purposes of Title 18,  Chapter 63,  Section 1350 of the United  States Code,
that to the best of my knowledge:

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
     at the dates and for the periods indicated.

Date: March 19, 2003

/s/ Steven G. Mihaylo
---------------------------------
Steven G. Mihaylo
Chief Executive Officer
Exhibit 32.2

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 Financial 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 June 30, 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 June 30, 2008 fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                      |  |                                       
|--------------------- |  | --------------------------------------
|Date: August 14, 2008 |  | /s/ Leigh Ginter                      
|                      |  | Leigh Ginter  Chief Financial Officer
|                      |  | (Chief Accounting 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.
|     |                                                                                                                         |
|-----|-------------------------------------------------------------------------------------------------------------------------|
| (1) | The Report fully complies with the requirements of 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/   Abu M. Arif      |
| Name:                  | Abu M. Arif |
| Title:                 | Chief Executive Officer |
|                   | (Principal Executive Officer) |
| Date:                  | November 4, 2013 |
|                   |
|                   |
| /s/   Ross P. Palacios |
| Name:                  | Ross P. Palacios |
| Title:                 | Chief Financial Officer |
|                   | (Principal Financial Officer) |
| Date:                  | November 4, 2013 |