alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion filed December 1 , 201 1



## In The 

# Eleventh Court of Appeals

__________ 

### No. 11

- 11

- 00321

- CR

__________ IN RE BERNARD WILLIAMS

Original Mandamus Proceeding

M E M O R A N D U M O P I N I O N
Relator, Bernard Williams , has filed a petition for writ of mandamus complaining of the Hon. Carter Schildknecht, judge of the 106 th District Court of Dawson County, in connection with his request for a free appellate record. We den y the petition for writ of mandamus

. Relator is seeking a free appellate record in Cause No. 11

- 1 0

- 0023 7

- CR, styled Bernard Williams v. State of Texas. This court issued an opinion and judgment on May 27, 2011, in Cause No. 11

- 1 0

- 00237

- CR , affirming relator’s conviction for possession of cocaine with the intent to deliver. The Texas Court of Criminal Appeals subsequently refused relator’s petition for discretionary review in Cause No. 11

- 1 0

- 00237

- CR on October 12, 2011. Thus, relator is seeking a fr ee record in a criminal appellate proceeding that has been concluded. An indigent criminal defendant is not entitled, either as a matter of equal protection or of due process, to a free record of prior proceedings for use in pursuing post

- conviction relief. United States v. MacCollom , 426 U.S. 317, 322

- 23 (1976); In re Trevino , 79 S.W.3d 794, 7962

(Tex. App.

— Corpus Christi 2002, orig. proceeding); Escobar v. State , 880 S.W.2d 782, 783 (Tex. App.

— Houston [1st Dist.] 1993, per curiam order). To ob tain a free record for use in a post

- conviction proceeding, a relator must show that the subsequent proceeding is not frivolous by making a specific showing of the issues to be raised and a specific need for the record to demonstrate the righ t to post

- conviction relief. See In re Coronado , 980 S.W.2d 691, 693 (Tex. App.

— San Antonio 1998, orig. proceeding); Eubanks v. Mullin , 909 S.W.2d 574, 576

– 77 (Tex. App.

— Fort Worth 1995, orig. proceeding); Escobar , 880 S.W.2d at 783. Mandamus will issue o nly to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Walker v. Packer , 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding). Relator has not provided th is c ourt with anything to show that a post

- conviction proceeding would not be frivolous , and he has not shown a specific need for the record. Consequently, relator has failed to demonstrate that he is entitled to a free record from the prior proceeding. Accordingly, we deny relato r’s petition for writ of mandamus.

PER CURIAM
December 1, 2011 Do not publish. See T EX

. R. A PP

. P. 47.2(b). Panel consists of: Wright, C.J., McCall, J., and Kalenak , J.
Draft Agenda 

Advisory Board on Radiation and Worker Health 

Conference Call 

Originating at NIOSH 

Atlanta, Georgia 30333 

Dial In: (888) 391-6569 

Passcode: 51897 

April 5, 2005 

Tuesday – April 5, 2005 

1:30 p.m. – 1:40 p.m. Attendance/Roll Call Dr. Paul Ziemer, Chair 

Dr. Lew Wade, Executive Secretary 

1:40 p.m. – 3:00 p.m. Review Status of Activities Dr. Paul Ziemer, Chair 

Relative to IAAP and Mallinckrodt 

3:00 p.m. – 4:30 p.m. Task for SC&A Dr. Lew Wade, Executive Secretary 

- Special Exposure Cohort 

Petition Work 

4:30 p.m. – 5:30 p.m. Review Draft Agenda for Dr. Paul Ziemer, Chair 

 Upcoming Meeting 

5:30 p.m. Adjourn 

***Agenda items are subject to change as priorities dictate***
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

MUHAMMAD RYEHYIEN MORRIS,

Plaintiff,

vs. Case No.: 3:10cv369/LAC/EMT

STATE OF FLORIDA, et al.,

Defendants.

___________________________________/

O R D E R

This cause comes on for consideration upon the magistrate judge’s Report and

Recommendation dated December 13, 2010 (Doc. 8). Plaintiff has been furnished a copy of the

Report and Recommendation and has been afforded an opportunity to file objections pursuant to

Title 28, United States Code, Section 636(b)(1). No objections have been filed.

Having considered the Report and Recommendation, I have determined that the Report and

Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge’s Report and Recommendation is adopted and incorporated by

reference in this order.

2. This action is DISMISSED for failure to state a claim on which relief may be granted,

pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

3. The clerk is directed to enter judgment accordingly and close the file.

DONE AND ORDERED this 13 day of January, 2011. th

s/L.A. Collier 

LACEY A. COLLIER

SENIOR UNITED STATES DISTRICT JUDGE
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT JAC IEL R ODAR TE-VENEGAS, Pe titioner, v. LORETTA E. LYNC H, Attorne y Ge ne ra l, R

e sponde nt . No. 13-73442 Age n c y No. A095-758-926 M EM O R ANDUM *

On Pe tition for Re vie w of a n Orde r of the B oa rd of Im m igration Appe a ls Subm itte d De c e m

be r 9, 2015 ** B e fore : WALLAC E, R AW LINSON, a

n d IKUTA, C irc uit Judge s. Ja c ie l R oda

rte -Ve ne g a s, a

native and c itiz e n of M e x ic o, pe titions for re vie w of the B o ard of Im

m igration Appe a ls’ orde r dism issing his a ppe a l from an im m igration judge ’ s de c i sion de ny i ng his motion to re ope n re m ova l proc e e dings c onduc te d in a

bse ntia . Our jurisdic tion is governe d by 8 U.S.C . § 1252. W e



# FIL ED DEC 14 2015 M OLLY C. DW Y ER, CLERK U . S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).re vie w for a

buse of disc re t ion thede nia l of a m otion to re o pe n. Av agy an v . Holde r , 646 F.3d 672, 674 (9th C ir. 2011). W e de ny in pa rt a nd dismiss in pa

rt the pe tition for re vie w. The a ge n c y

did not a b u se its disc re tion in deny ing them otion to re ope n a s untim e l y , whe re R oda

rte -Ve ne g a s re c e ive d prope r notic e of the he aring, file d his m otion to re o pe n m o re tha n thre e y e a

rs a fte r his fina l orde r of re m ova l, a nd fa ile d to e s ta b lish tha t he a c te d with thedue dilige nc e re quire d for e quita ble tolling of the filing de a dline . Se e 8 U.S.C . § 1229a (b)(5)(C ), (c )(7)(C )(i) (se tting de a dline s for m otions to re ope n); id. at (b)(5)(A) (a llowing written notic e to a lie n’ s c o unse l of re c o rd); Av agy an , 646 F.3d a t 679 (de sc ribing duedilige nc e ). W e la c k jurisdic tion to re vie w the a ge nc y ’ s de c ision not to re ope n sua sponte . Se eGo v . Holde r , 744 F.3d 604, 609-10 (9th C ir. 2014). W e a lso la c k jurisdic tion to c onside r R oda rte -Ve ne ga s’ c onte ntion tha t his c a se wa rrants a favora ble e x e rc ise of prose c utoria l disc re tion. Se eVilc hiz-Soto v . Holde r , 688 F.3d 642, 644 (9th C ir. 2012) (orde r). In light of our disposition, we ne e d not re a c h R oda

rte -Ve ne ga s’ re m a ining c onte ntions. PE T IT IO N FO R RE V IE WDE NIE D in par t; DISM ISSE D in par t .

2 1 3 - 7 3 4 4 2
Proclamation 8218 of January 28, 2008

# National African American History Month, 2008

During National African American History Month, we honor the achievements and celebrate the rich heritage of African Americans.

Throughout our Nation's history, African Americans from all walks of life have offered their talents to the betterment of American society. Scholars such as Frederick Douglass and W.E.B. DuBois were early leaders who placed great importance on educating all people about the need for justice and racial equality. Athletes such as Jackie Robinson and Althea Gibson persevered while breaking the color barrier and competing at the highest levels of sports. Musicians like Nat King Cole and Billie Holiday lifted the American spirit with their creativity and musical gifts. Through their extraordinary accomplishments, these leaders helped bring our Nation closer to fulfilling its founding ideals.

This year's theme, “Carter G. Woodson and the Origins of Multiculturalism,” honors an educator who taught his fellow citizens about the traditions and contributions of African Americans. His dedication to educating Americans about cultural diversity initiated this celebration of African-American history. Our Nation is now stronger and more hopeful because generations of leaders like him have worked to help America live up to its promise of equality and the great truth that all of God's children are created equal.

Throughout African American History Month, we celebrate the many contributions African Americans have made to our Nation, and we are reminded of their courage in their struggle to change the hearts and minds of our citizens. While much progress has been made, we must continue to work together to achieve the promise and vision of our great Nation.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim February 2008 as National African American History Month. I call upon public officials, educators, and all the people of the United States to observe this month with appropriate programs and activities.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of January, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-second.



[FR Doc. 08-459 Billing code 3195-01-P
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 Eltek Ltd. (the “Company”) on Form 20-F for the period ending December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Amnon Shemer, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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/ Amnon Shemer*
 Amnon Shemer


Vice President, Finance


and Chief Financial Officer





May 26, 2011




*           The originally executed copy of this Certification will be maintained at the Company’s offices and will be made available for inspection upon request.





This Certification accompanies this Annual Report on Form 20-F pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”).  This Certification will 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 the Company specifically incorporates it by reference.
ANTHONY R. BAKER JR.,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D17-0603

_____________________________/

Opinion filed September 27, 2017.

An appeal from the Circuit Court for Duval County.

Steven B. Whittington, Judge.

Anthony R. Baker Jr., pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Upon consideration of appellant’s response to the Court’s order of June 9, 

2017, the Court has determined that the Order Denying Defendant’s Motions to 

Dismiss is not an appealable order. Fla. R. App. P. 9.140(b). Therefore, the Court 

lacks appellate jurisdiction. Furthermore, the Court declines appellant’s request to 

review the order by petition for writ of certiorari because appellant has failed to 
2

demonstrate that the ruling results in harm that cannot be remedied on appeal from 

a final judgment. Cf. Callins v. State, 747 So. 2d 453 (Fla. 4th DCA 1999). 

Accordingly, the appeal is dismissed. 

ROBERTS, WETHERELL, and ROWE, JJ., CONCUR.
115TH CONGRESS 

2D SESSION H. R. 5613 

AN ACT 

To designate the Quindaro Townsite in Kansas City, Kansas, 

as a National Commemorative Site. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 5613 EH

1 SECTION 1. QUINDARO TOWNSITE NATIONAL COMMEMO2 RATIVE SITE ACT. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘Quindaro Townsite National Commemorative Site Act’’. 

5 (b) DEFINITION.—In this Act, the term ‘‘Secretary’’ 

6 means the Secretary of the Interior. 

7 (c) DESIGNATION.—The Quindaro Townsite in Kan8 sas City, Kansas, as listed on the National Register of 

9 Historic Places, is hereby designated as the Quindaro 

10 Townsite National Commemorative Site. The Site shall 

11 not be considered a unit of the National Park System. 

12 (d) ADMINISTRATION.—Nothing in this section shall 

13 affect the administration of the Quindaro Townsite by 

14 Kansas City or the State of Kansas. 

15 (e) COOPERATIVE AGREEMENTS.—The Secretary, in 

16 consultation with the State of Kansas, Kansas City, Kan17 sas, and affected subdivisions, may enter into cooperative 

18 agreements with appropriate public or private entities, for 

19 the purposes of protecting historic resources at Quindaro 

20 Townsite and providing educational and interpretive pro21 grams for the public. 

22 (f) TECHNICAL ASSISTANCE.—The Secretary may 

23 provide technical assistance to any entity with which the 

24 Secretary has entered into a cooperative agreement under 

25 subsection (e). 
3 

•HR 5613 EH

1 (g) EFFECT ON PRIVATE PROPERTY, LOCAL LAND

2 USE, AND LAND ACQUISITION AUTHORITY.—Nothing in 

3 this Act authorizes the Secretary to— 

4 (1) interfere with private property rights, or 

5 any local zoning ordinance or land use plan of the 

6 State or any political subdivision of the State; or 

7 (2) acquire land or interests in land through 

8 condemnation or otherwise. 

Passed the House of Representatives July 23, 2018. 

Attest: 

Clerk. 
115TH CONGRESS 

2D SESSION H. R. 5613 

AN ACT 

To designate the Quindaro Townsite in Kansas 

City, Kansas, as a National Commemorative Site.
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-4991

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

DARRYL MCCORMICK SOUTHERN, 

 Defendant - Appellant. 

Appeal from the United States District Court for the Middle 

District of North Carolina, at Durham. William L. Osteen, Jr., 

District Judge. (1:08-cr-00006-WO-1) 

Submitted: June 18, 2009 Decided: June 22, 2009 

Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

Louis C. Allen, III, Federal Public Defender, Gregory Davis, 

Senior Litigator, Winston-Salem, North Carolina, for Appellant. 

Anna Mills Wagoner, United States Attorney, Robert A.J. Lang, 

Assistant United States Attorney, Winston-Salem, North Carolina, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit. 
PER CURIAM: 

 Darryl McCormick Southern appeals from his 188-month 

sentence imposed pursuant to his guilty plea to possession of a 

firearm by a convicted felon. On appeal, Southern argues that 

the decision to run his sentence consecutively to the state 

sentence he was then serving was unreasonable and constituted an 

abuse of discretion. We affirm. 

 Under U.S. Sentencing Guidelines Manual § 5G1.3(c) 

(2007), the district court possessed the discretion to run the 

imposed sentence concurrently, partially concurrently, or 

consecutively to Southern’s prior undischarged term of 

imprisonment. In choosing to run the sentence consecutively, 

the court considered the undisputed advisory Guidelines range of 

180-210 months in prison, the 18 U.S.C. § 3553 (2006) sentencing 

factors, the fact that Southern’s undischarged state sentence 

was the result of a “series” of probation violations, the fact 

that the state and federal sentences were not related, and 

Southern’s “extensive criminal history.” In fact, the court 

noted that there was a significant argument to be made that an 

appropriate sentence would require an upward departure from the 

Guidelines, but the court declined to so depart, given 

Southern’s cooperation, age, and the fact that his sentence 

would be run consecutively. We find no abuse of discretion and 

2 
3 

hold that the decision to run Southern’s sentence consecutively 

to his undischarged state sentence was reasonable. 

 Accordingly, we affirm. 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
I 

115TH CONGRESS 

2D SESSION H. R. 5836 

To amend title IV–A of the Social Security Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 16, 2018 

Mr. BISHOP of Michigan (for himself, Mr. RENACCI, and Mr. CURBELO of 

Florida) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title IV–A of the Social Security Act, and for 

other purposes. 

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 ‘‘Supporting Work 

5 Through Apprenticeships Act’’. 

6 SEC. 2. SUPPORTING WORK THROUGH APPRENTICESHIPS. 

7 Section 407(d)(5) of the Social Security Act (42 

8 U.S.C. 607(d)(5)) is amended by inserting ‘‘, including ap9 prenticeship’’ before the semicolon. 


pbinns on DSK79D2C42PROD with BILLS
2 

•HR 5836 IH

1 SEC. 3. EFFECTIVE DATE. 

2 The amendment made by this Act shall take effect 

3 on October 1, 2018. 

Æ 


pbinns on DSK79D2C42PROD with BILLS
<PAGE>

                                                                    EXHIBIT 23.0

                    REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS
                            ON SUPPLEMENTAL SCHEDULE


To the Board of Directors and Stockholders of iGate Capital Corporation:

        We have audited in accordance with accounting standards generally
accepted in the United States, the financial statements included in this Form
10-K and have issued our report thereon dated January 27, 2000.  Our audits were
made for the purpose of forming an opinion on the basic financial statements
taken as a whole.  The schedule set forth below is the responsibility of the
Company's management and is presented for purposes of complying with the
Securities and Exchange Commission's rules and regulations and is not part of
the basic financial statements.  This schedule has been subjected to the
auditing procedures applied in the audits of the basic financial statements and,
in our opinion, fairly states in all material respects the financial data
required to be set forth therein in relation to the basic financial statements
taken as a whole.


                                                /s/ARTHUR ANDERSEN LLP

Pittsburgh, Pennsylvania
 January 27, 2000
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Mary Be th Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein,

Justices

I, Larry S. Royster , 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.

March 3, 2015

h0223 

# Order

Clerk March 3, 2015

149680

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 149680

COA: 319437

Calhoun CC: 2009

- 002989

- FC

PARIS DERON PALMER,

Defendant

- Appellant.

_____________________________________/

On order of the Court, the application for leave to appeal the June 2, 2014 order of

the Court of Appeals is considered, and it is DENIED, because the d efendant has failed to

meet the burden of establishing entitlement to relief under MCR 6.508(D).
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 accompanying Form 10-KSB of ZAP for the year ended
December 31, 2005, William Hartman, Chief Financial Officer of ZAP, hereby
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)  such Form 10KSB of ZAP for the year ended December 31, 2005, fully
            complies with the requirements of Section 13 (a) or 15 (d) of the
            Securities Exchange of 1934; and

       (2)  the information contained in such Form 10-KSB of ZAP for the year
            ended December 31, 2005, fairly presents, in all material respects,
            the financial condition and results of operations of ZAP .








Date:  March 31, 2006                  By:    /s/ William Hartman
                                          -------------------------------------
                                          William Hartman
                                          Chief Financial Officer