alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

KEVIN M. OWENS,

Plaintiff,

v. CASE NO. 4:10cv252-SPM/WCS

WALTER McNEIL, et al.,

Defendants.

________________________/

ORDER

THIS CAUSE comes for consideration upon the magistrate judge’s report

and recommendation dated September 16, 2010. Doc. 12. Plaintiff has been

furnished a copy and has received two extensions of time to file objections. 

Docs. 14 and 17. He has requested a third extension (doc. 18) of another 30

days because his time on the library computer has been restricted to less than

one hour a day. The 30 days have passed and Plaintiff has not filed any

objections. No further extension is warranted because the issues in this case are

straight forward.

The magistrate judge recommends dismissal of Plaintiff’s case because

Plaintiff has had at least 3 prior cases dismissed as frivolous or malicious or for
Page 2 of 2

failure to state a claim. In addition, Plaintiff intentionally failed to disclose his

prior litigation. Plaintiff was provided with an accounting of his prior cases by the

Middle District of Florida and he is responsible for keeping track of his litigation

history.

Pursuant to Title 28, United States Code, Section 636(b)(1), I have

determined that the report and recommendation is correct and should be

adopted. Accordingly, it is

ORDERED AND ADJUDGED: 

1. The magistrate judge’s report and recommendation (doc. 12) is

ADOPTED and incorporated by reference in this order.

2. This case is dismissed without prejudice pursuant to 28 U.S.C. §

1915(g).

3. As a sanction for Plaintiff’s intentional failure to disclose his prior

litigation, he is liable for payment of the filing fee in this case.

4. The motion for extension of time (doc. 18) and the other pending

motions are denied.

DONE AND ORDERED this 6th day of January, 2011.

 s/ Stephan P. Mickle 

Stephan P. Mickle

Chief United States District Judge

CASE NO. 4:10cv252-SPM/WCS
##### 



EXHIBIT 99.2 (PRICEWATERHOUSECOOPERS LOGO) PricewaterhouseCoopers LLP  
 The Directors
Barclays Bank PLC
1234 Pavilion Drive
Northampton
NN4 7SG The Directors
Gracechurch Card Funding (No. 4) PLC
54 Lombard Street
London
EC3P 3AH The Directors
Barclaycard Funding PLC
54 Lombard Street
London
EC3P 3AH The Directors
Gracechurch Receivables Trustee Limited
26 New Street
St. Helier
Jersey
JE2 3RA February 28, 2005 Dear Sirs Report of Independent Accountants We have examined managements assertions that Barclays Bank PLC (the Servicer), a wholly owned
subsidiary of Barclays PLC, has complied with its obligations, in its capacity as Servicer, in
respect of the minimum servicing requirements for the credit card receivables
arising on designated accounts as set forth in the clauses 2.1.d, 2.1.e, 2.1.f, 2.1.j, 2.2.a, 2.5.a
and 2.5.b, using definitions set forth in the Master Definitions schedule between Gracechurch
Receivables Trustee Limited, Barclays Bank PLC and Barclaycard Funding PLC dated 24 October 2002 of
the Beneficiaries Servicing Agreement between Barclaycard Funding PLC and Barclays Bank PLC dated
23 November 1999 (BSA) during the year ended 31 December 2004 . Management is responsible for
the assertion. Our responsibility is to express an opinion on the assertion based on our
examination. Our examination was conducted in accordance with attestation standards established by the American
Institute of Certified Public Accountants and, accordingly, included examining, on a test basis,
evidence supporting managements assertion about the Servicers compliance with those requirements
and performing such other procedures as we considered necessary in the circumstances. We believe
that our examination provides a reasonable basis for our opinion. Our examination does not provide
a legal determination on the Servicers compliance with specified servicing requirements. In our opinion,managements assertion that the Servicer complied with the aforementioned
requirements during the year ended 31 December 2004 is fairly stated, in all material respects. PricewaterhouseCoopers LLP 28 February 2005 Yours faithfully, PricewaterhouseCoopers LLP End of Filing
Exhibit 32.2



CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report on Form 10-K of Centra Software, Inc. (the Company) for the year ended December 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Stephen A. Johnson, Chief Financial Officer, Treasurer and Secretary, of the Company, certify, to the best knowledge and belief of the signatory, pursuant to 18 U.S.C. §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: March 16, 2005 |  |  |  | By: |  | /s/    STEPHEN A. JOHNSON
|                     |  |  |  |     |  |                           |  | Stephen A. Johnson Chief Financial Officer, Treasurer and Secretary
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

CHARLES A. CROSS § 

VS. § CIVIL ACTION NO. 1:10-CV-192

STATE OF TEXAS, ET AL. § 

MEMORANDUM OPINION REGARDING TRANSFER

Petitioner Charles A. Cross, an inmate confined at the Northwest Florida Reception Center

in Chipley, Florida, proceeding pro se, brings this petition for writ of habeas corpus pursuant to 28

U.S.C. § 2254.

The above-styled action was referred to the undersigned magistrate judge pursuant to 28

U.S.C. § 636 and the Local Rulesfor the Assignment of Dutiesto the United States Magistrate Judge

for findings of fact, conclusions of law, and recommendations for the disposition of the case.

Discussion 

Title 28 U.S.C. § 2254(a) allows a district court to “entertain an application for a writ of

habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the

ground that he is in custody in violation of the Constitution or laws or treaties of the United States.”

28 U.S.C. § 2254(a). A state prisoner is required to file his federal petition for writ of habeas corpus

either in the district where the prisoner is incarcerated or the district where the prisoner was

convicted and sentenced. 28 U.S.C. § 2241(d). Although both district courts have jurisdiction to

entertain the application, “[t]he district court for the district wherein such an application is filed in

the exercise of its discretion and in furtherance of justice may transfer the application to the other

district court for hearing and determination.” Id.
In addition to challenging his conviction, petitioner claims that he 1

should not have been extradited from Texas to Florida. An individual has a right

to challenge his extradition in federal court by writ of habeas corpus before he

is extradited from the asylum state. Crumley v. Snead, 620 F.2d 481, 483 (5th

Cir. 1980); Edwards v. Bowles, 115 Fed.Appx. 208, 2004 WL 2914030 (5th Cir.

2004). Petitioner may not challenge his extradition in the asylum state after

he is extradited.

2

Petitioner is confined in Florida. He was convicted and sentenced in Escambia County,

Florida, which is located in the Northern District of Florida. Therefore, this court lacks jurisdiction

to consider the petition.1

The court has considered the circumstances and has determined that the interest of justice

would best be served if this petition were transferred to the United States District Court for the

Northern District of Florida for hearing and determination. An order so providing will be entered

by the undersigned.

SIGNED this _____ day of _____________________ , 2010.

 

 ___________________________________ 

 EARL S. HINES

 UNITED STATES MAGISTRATE JUDGE

9

 Hello This is a Test

April
CERTIFICATION OF
 CHIEF EXECUTIVE OFFICER AND
 CHIEF FINANCIAL OFFICER
 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 accompanying Annual report on Form 10-KSB of United American Corporation for the fiscal year ended December 31, 2003, I, Benoit Laliberte, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to my knowledge, that:
  1)     the Annual Report on Form 10-KSB of United American Corporation for the year ended December 31, 2003 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 Annual Report on Form 10-KSB for the year ended December 31, 2003, fairly presents in all
 material respects, the financial condition and results of operations of United American Corporation
 
 By:                              /s/ Benoit Laliberte
  Name:  Benoit Laliberte
  Title: Chief Executive Officer and Chief Financial Officer
  Date: May 17, 2004
   
 
 1
#### STATE v. HARTLEY and LEWIS

No. 192 PC.

Case below: 39 N.C. App. 70.

Petition by defendant Lewis for discretionary review under G.S. 7A-31 denied 6 March 1979.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S ANNUAL REPORT ON FORM 10-K AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               SEP-30-1997
<CASH>                                           9,282
<SECURITIES>                                    25,739
<RECEIVABLES>                                    6,495
<ALLOWANCES>                                       236
<INVENTORY>                                        167
<CURRENT-ASSETS>                                42,501
<PP&E>                                           6,371
<DEPRECIATION>                                   2,437
<TOTAL-ASSETS>                                  48,690
<CURRENT-LIABILITIES>                            8,934
<BONDS>                                            351
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             8
<OTHER-SE>                                      39,397
<TOTAL-LIABILITY-AND-EQUITY>                    48,690
<SALES>                                         30,166
<TOTAL-REVENUES>                                30,166
<CGS>                                            4,542
<TOTAL-COSTS>                                    4,542
<OTHER-EXPENSES>                                22,501
<LOSS-PROVISION>                                   241
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  4,257
<INCOME-TAX>                                     1,459
<INCOME-CONTINUING>                              2,798
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,798
<EPS-PRIMARY>                                      .32
<EPS-DILUTED>                                      .32
        

</TABLE>
Case 5:10-cv-00130-RS -GRJ Document 23 Filed 03/11/11 Page 1 of 5
Case 5:10-cv-00130-RS -GRJ Document 23 Filed 03/11/11 Page 2 of 5
Case 5:10-cv-00130-RS -GRJ Document 23 Filed 03/11/11 Page 3 of 5
Case 5:10-cv-00130-RS -GRJ Document 23 Filed 03/11/11 Page 4 of 5
Case 5:10-cv-00130-RS -GRJ Document 23 Filed 03/11/11 Page 5 of 5
<PAGE>


                                                                      Exhibit 32


                            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 on Form 10-KSB of Avenue
Entertainment Group, Inc. (the "Company") for the year ended December 31, 2004
as filed with the Securities and Exchange Commission on the date hereof
(the"Report"), the undersigned hereby certifies, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that, to such officer's knowledge:

                  (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: April 15, 2005




/s/ Cary Brokaw
----------------------------
Cary Brokaw
President and Chief Executive and
Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BALANCE
SHEET AND INCOME STATEMENT AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          FEB-28-1998
<PERIOD-START>                             MAR-01-1997
<PERIOD-END>                               NOV-30-1997
<CASH>                                           21049
<SECURITIES>                                      9555
<RECEIVABLES>                                    50044
<ALLOWANCES>                                         0
<INVENTORY>                                      26487
<CURRENT-ASSETS>                                110578
<PP&E>                                           67495
<DEPRECIATION>                                   28337
<TOTAL-ASSETS>                                  163284
<CURRENT-LIABILITIES>                            32759
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         14042
<OTHER-SE>                                      105243
<TOTAL-LIABILITY-AND-EQUITY>                    163284
<SALES>                                         183289
<TOTAL-REVENUES>                                185277
<CGS>                                           130261
<TOTAL-COSTS>                                   162047
<OTHER-EXPENSES>                                  1398
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 418
<INCOME-PRETAX>                                  21414
<INCOME-TAX>                                      6583
<INCOME-CONTINUING>                              14831
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     14831
<EPS-PRIMARY>                                     1.14
<EPS-DILUTED>                                     1.14
        

</TABLE>
Exhibit 23.1

Morgenstern, Svoboda & Baer, CPA's, P.C.
----------------------------------------
Certified Public Accountants
40 Exchange Place
NEW YORK, NY 10005
TEL: (212) 925-9490
FAX: (212) 226-9134
Email: MSBCPAS@GMAIL.COM

The Board of Directors
Averox Inc.

            Consent of Independent Registered Public Accounting Firm

We hereby consent to the use of our report on the consolidated financial
statements of Averox, Inc. and Subsidiaries dated October 3, 2008 in this Annual
Report on Form 10-K for the year ended June 30, 2009.


/s/ Morgenstern, Svoboda & Baer, CPA's, P.C.
--------------------------------------------
Morgenstern, Svoboda & Baer, CPA's, P.C.
New York, NY
October 13, 2009
* Pursuant to Local Rule 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-11418

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JASON AARON DANIELS,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 2:96-CR-36-1

- - - - - - - - - -

April 17, 1997

Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges. 

PER CURIAM:*

Jason Aaron Daniels appeals from his sentence following his

guilty plea conviction for theft from a bank. Daniels argues

that the district court plainly erred in imposing a two-level

upward adjustment for Daniels’ managerial or supervisory role in

the offense pursuant to U.S.S.G. § 3B1.1. We have reviewed the

record and the briefs of the parties and hold that the district
No. 96-11418

- 2 -

court committed no error, plain or otherwise. § 3B1.1(c); United

States v. Ismoila, 100 F.3d 380, 395 (5th Cir. 1996).

AFFIRMED.
Exhibit
31








CERTIFICATION
PURSUANT TO SECTION 302


OF
THE SARBANES-OXLEY ACT OF 2002








I,
William E. Luther, Chief Executive Officer and Chief Financial Officer
of Lescarden, Inc., certify that:




1. I
have reviewed this Quarterly Report on Form 10-Q for the period ended August 31,
2008;




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




4. I
am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13(a)-15(e) and 15(d)-15(e)) and
internal control over financial reporting (as defined in Exchange Act Rules
13(a)-15(f) and 15(d)-15(f) for the registrant 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 registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this report is being prepared;




(b) Designed
such internal control over financial reporting, or caused such internal control
over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the
preparation of financial statements for external purposes in accordance with
generally accepted accounting principles.




(c) Evaluated
the effectiveness of the registrant’s 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




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








Date:
              October
      13, 2008/s/William
      E. LutherChief
      Executive Officer and Chief Financial
Officer
Opinion issued June 30 , 202 4

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 2 4
- 00 130
- C V

——————————— IN RE JEFFREY KITTLE AND KITTLE PROPERTY GROUP, INC. , Relator s

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION
Relator s Jeffrey Kittle and Kittle Property Group, Inc. ha ve filed a petition for
writ of mandamus requesting this Court to vacate an order requiring the deposition
of Jeffrey Kittle

. 1

1 The underlying case is Chance Willis and Christopher Okray v. The Vireo Apartments, LP, Kittle Property Group, Inc., Herman and Kittle Properties, Inc., and Jeffrey Kittle , cause number 2023

- 37572 , pending in the 234 th District Court of Harris County, Texas, the Honorable Lauren Reeder presiding.2

We deny the petition for writ of mandamus. See T EX

. R. A PP . P. 52.8(a). We dismiss any pending motions as moot. We withdraw the order granting emergency relief that issued February 21, 2024.
P ER CURIAM Panel consists of Chief Justice Adams and Justices Kelly and Goodman

.