alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-7465

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

v.

JOHN MAURICE HENOUD, a/k/a John Harvey, a/k/a J. M. Harvey, a/k/a J. M. 

Hardey, a/k/a Jerry Geohn Davidson,

 Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Norfolk. Arenda L. Wright Allen, District Judge. (2:04-cr-00004-AWA-TEM-1)

Submitted: March 29, 2018 Decided: April 2, 2018

Before AGEE and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

John Maurice Henoud, Appellant Pro Se. Michael Calvin Moore, Assistant United States 

Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

John Maurice Henoud seeks to appeal the district court’s order treating his Fed. R. 

Civ. P. 60(b) motion as a successive 28 U.S.C. § 2255 (2012) motion and denying it on 

that basis. The order is not appealable unless a circuit justice or judge issues a certificate 

of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of appealability will 

not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. 

§ 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner 

satisfies this standard by demonstrating that reasonable jurists would find that the district 

court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 

529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When 

the district court denies relief on procedural grounds, the prisoner must demonstrate both 

that the dispositive procedural ruling is debatable, and that the motion states a debatable 

claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85. 

We have independently reviewed the record and conclude that Henoud has not 

made the requisite showing. Accordingly, we deny the motion for a certificate of 

appealability and dismiss the appeal.

Additionally, we construe Henoud’s notice of appeal and informal brief as an 

application to file a second or successive § 2255 motion. United States v. Winestock, 340 

F.3d 200, 208 (4th Cir. 2003). In order to obtain authorization to file a successive § 2255 

motion, a prisoner must assert claims based on either:

(1) newly discovered evidence that . . . would be sufficient to establish by 

clear and convincing evidence that no reasonable factfinder would have 

found the movant guilty of the offense; or
3

(2) a new rule of constitutional law, made retroactive to cases on collateral 

review by the Supreme Court, that was previously unavailable.

28 U.S.C. § 2255(h). Henoud’s claims do not satisfy either of these criteria. Therefore, 

we deny authorization to file a successive § 2255 motion.

We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

DISMISSED
EXHIBIT 8


           CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED
         PURSUANT TO SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002

In connection  with the Annual  Report of Four Seasons  Hotels Inc. on Form 40-F
for the year ended  December 31, 2004 as filed with the  Securities and Exchange
Commission on the date hereof (the "Report"),  I, Isadore Sharp, Chief Executive
Officer of Four Seasons Hotels Inc., certify, pursuant to 18 U.S.C. SS. 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:

1.      The Report fully  complied  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 Four
        Seasons Hotels Inc.

Dated:  March 14, 2005                              /s/  Isadore Sharp
                                                    --------------------------
                                                    Isadore Sharp
                                                    Chief Executive Officer


<PAGE>


           CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED
         PURSUANT TO SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002

In connection  with the Annual  Report of Four Seasons  Hotels Inc. on Form 40-F
for the year ended  December 31, 2004 as filed with the  Securities and Exchange
Commission  on the date hereof  (the  "Report"),  I,  Douglas L.  Ludwig,  Chief
Financial  Officer of Four Seasons Hotels Inc.,  certify,  pursuant to 18 U.S.C.
SS. 1350, as adopted pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002
that:

1.      The Report fully  complied  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 Four
        Seasons Hotels Inc.

Dated:  March 14, 2005                              /s/  Douglas L. Ludwig
                                                    -------------------------
                                                    Douglas L. Ludwig
                                                    Chief Financial Officer
| (1) | the Quarterly      Report on Form 10-Q of  for the period ended February 28, 2010      (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 Amico Games      Corp. |
|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  April      14, 2010 |   |                                       |
|---------------------------------------|--------|--------------------------------------------|
|                                  |   |                                       |
|                                  | By:    |                                       |
|                                  |   | /s/Peter      Liu                          |
|                                  |   | Peter      Liu                             |
|                                  |   | President and      Chief Executive Officer |
|                                  |   | (Principal      Executive Officer)         |
|                                  |   | Amico Games      Corp.                     |
|                                  |   |                                       |
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1821

THOMAS P. JOHNSON, III, Plaintiff - Appellant,

v. MARGARET SPELLINGS, Secretary of the United States Department of Education, Defendant - Appellee.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, Senior District Judge. (8:07-cv-00671-PJM)

Submitted: October 2, 2009 Decided: October 19, 2009

Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Thomas P. Johnson, III, Appellant Pro Se. Jason Daniel Medinger, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Thomas P. Johnson, III, appeals the district court’s order denying relief in his civil action, in which he sought declaratory and injunctive relief regarding the status of his

student loans. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Johnson v. Spellings , No. 8:07-cv-00671- PJM (D. Md. July 11, 2008). 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
Order entered July 26, 2021

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-21-00210-CV

KIRK LAUNIUS, Appellant

V.

DIANA FLORES, IN HER OFFICIAL CAPACITY AS 

PRESIDING OFFICER, CHAIR OF TRUSTEES, OF 

DALLAS COUNTY COMMUNITY COLLEGE DISTRICT, Appellee

On Appeal from the 298th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-19-08429

ORDER

Before the Court is the July 20, 2021 request of Brooke Wagner, Official 

Court Reporter for County Court at Law No. 5, for an extension of time to file the 

reporter’s record to August 23, 2021. This Court has given this appeal priority. 

Accordingly, we GRANT the request only to the extent that we extend the 

deadline to August 9, 2021. We caution Ms. Wagner that further extension 

requests will be strongly disfavored.

/s/ ROBBIE PARTIDA-KIPNESS

JUSTICE
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JU NE 11, 2014

NO. 03

- 13

- 00477

- CR

Raul Saucedo

- Zavala, Appellant

v.

The State of Texas, Appellee

APPEAL FROM COUNTY COURT AT LAW NO. 4 OF TRAVIS COUNTY BEFORE JUSTICES PURYEAR, GOODWIN, AND FIELD REVERSED AND REMANDED

-- OPINION BY JUSTICE GOODWIN

This is an appeal from the order granting community supervision entered by the tri al court

.
Having reviewed the record and the parties’ arguments, the Court holds that there was reversible

error in the trial court’s order granting community supervision . Therefore, the Court reverses the

trial court’s order granting community supervisi on and remands the case for further proceedings

consistent with this Court ’s opinion. Because appellant is indigent and unable to pay costs, no

adjudication of costs is made.
U.S. SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

Form 10-Q/A

[X] QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

For the quarterly period ended September 30, 2010

[ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

Commission File No.333-153182



Great Wall Builders Ltd.

(Exact name of registrant as specified in its charter)





|Texas                             | 71-1051037                          
|--------------------------------- | ------------------------------------
|(State or other jurisdiction      | (I.R.S. Employer Identification No.)
|of incorporation or organization) |                                     



2620 Fountainview #115B

Houston, Texas 77057

(Address of principal executive offices)

1-281-575-0636

(Issuer's telephone number)

Indicate by checkmark whether the issuer: (1) has filed all reports required to be filed by Section 13 or 15(d) of the Exchange Act during the past 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes [X ]  No[  ]

Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T during the preceding 12 months ( for such shorter period that the registrant was required to submit and post such files).  Yes [   ]  No [ x ]

Indicate by check mark whether the registrant is a large accelerated filed, an accelerated filer, a non-accelerated filer, or a smaller reporting company.

Large accelerated filer [ ]                     Accelerated filer [ ]

Non-accelerated filer [ ]                      Small Reporting company [X]



Indicate by checkmark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes [  ] No [X]



Indicate the number of shares outstanding of each of the issuer's classes of common stock, as of the most practicable date: 4,800,000 as of September 30, 2010.



Explanation Note:

This Amendment No. 1 on Form 10-Q/A includes supplementary disclosures to the registrant Form 10-Q/A filed with the US Securities and Exchange Commission on October 22, 2010 . The reasons for filing this Amendment No: 1 on Form 10-Q/A is providing revised disclosures of the Section (301) Certification. This amendment No: 1 does not reflect any changes that may have occurred subsequent to the original filing and the initial filing remain unchanged and are not restated herein.
PROMISSORY
NOTE


 


US
$4,000


 


Lake
Mary, Florida 
 May
19th, 2014


 


FOR
VALUE RECEIVED, the undersigned HOUSE OF BODS Fitness. Inc., a Delaware Corporation (the “Borrower”), located
at 3457 Rockcliff Place, Longwood, FL, 32779, promises to pay to the order of Tammy Skalko, an individual, (the “Note
Holder”), the principal sum of Four Thousand Dollars ($4,000). All payments required to be made by the terms of this Note
shall be remitted to the Note Holder’s designated address, 3457 Rockcliff Place, Longwood, FL, 32779, or such other address,
as the Note Holder may hereafter give notice to the Borrower in writing. This Note shall be payable upon demand.


 


This
Note may be prepaid in whole or in pan at any time without penalty. This Note is not assumable without the express written consent
of the Noteholder.


 


No
interest shall accrue on this Note.


 


If
said sum is not paid upon demand, the Note Holder shall be entitled to collect all reasonable costs and expenses of collection
and/or suit, including, but not limited to, reasonable attorney’s fees. The Noteholder shall be entitled to 12% interest
rate to any unpaid balance from the date of notice.


 


Any
notice to Borrower provided for in this Note shall be in writing and shall be given and be effective upon (1) delivery to Borrower
or (2) mailing such notice by certified mail, return receipt requested, addressed to Borrower at the Borrower’s address
stated herein, or to such other address as Borrower may designate by notice to the Note Holder. Any notice to the Note Holder
shall be in writing and shall be given and be effective upon delivery to Note Holder or (2) by mailing such notice by certified
mail, return receipt requested, to the Note Holder at the address staled in the first paragraph of this Note, or to such other
address as Note Holder may designated by notice to Borrower.


 


Dated
this 19 day of May, 2014.


 


	Borrower	Note
    Holder
	 	 
	HOUSE
    OF BODS Fitness, Inc.	Tammy
    Skalko


 





	By:	/s/ James Beshara	 	By:	/s/ Tammy Skalko
	 	James
    Beshara, CFO/SEC
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 Quarterly Report of Great Walll Builders Ltd.,(the "Company") on Form 10-Q/A for the period ended Sept.30th, 2008as filed with
the Securities and Exchange Commission on the date here of (the "report"), I,
Tian Jia, Chief
Executive Officer and Chief Financial Officer of the Company, certify, pursuant
to 18 U.S.C. Section 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 this Report fairly presents, in all material
respects, the financial condition and results of operations of the
Company.






Dated:
Jan.14,2009









Great
Wall Builders Ltd.,




/s/ Tian
Jia




Tian
Jia




Chief
Executive Officer & Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                    2,682
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   2,682
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           100
<OTHER-SE>                                       2,582
<TOTAL-LIABILITY-AND-EQUITY>                     2,682
<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-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
EXHIBIT 32

                CERTIFICATION PURSUANT TO 18. U.S.C. SECTION 1350
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002




     The  undersigned   executive   officers  of  HCB   Bancshares,   Inc.  (the
"Registrant") hereby  certify that this Amendment No. 2 of Annual Report on Form
10-K/A for the year ended June 30, 2003 (the  "Report")  fully complies with the
requirements  of Section 13(a) or 15(d) of the Securities  Exchange Act of 1934,
and the  information  contained in the Report fairly  presents,  in all material
respects, the financial condition and results of operations of the Registrant.


                                By: /s/ Charles T. Black
                                    ---------------------------------------
                                    Name: Charles T. Black
                                    Title:President and Chief Executive Officer



                                By: /s/ Scott A. Swain
                                    ---------------------------------------
                                    Name: Scott A. Swain
                                    Title: Senior Vice President and
                                            Chief Financial Officer



Date:  November 24, 2003
Opinion filed January 26, 2012

In The

Eleventh Court of Appeals 

__________

No. 11-11-00367-CR

__________

ROEL GARZA, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 35th District Court

Brown County, Texas

Trial Court Cause No. CR-21,147

M E M O R A N D U M O P I N I O N

Roel Garza has filed in this court a motion to dismiss his appeal. Pursuant to TEX. R.

APP. P. 42.2, the motion is signed by both appellant and his counsel.

The motion is granted, and the appeal is dismissed.

PER CURIAM

January 26, 2012

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Kalenak, J.
<PAGE>
                                                                   Exhibit 10.10


                   AMENDMENT TO SUBORDINATED CREDIT AGREEMENT
                   ------------------------------------------

         AMENDMENT TO SUBORDINATED CREDIT AGREEMENT, dated as of November 6,
2000 (as amended from time to time, the "Agreement"; capitalized terms used and
not otherwise defined herein having the definitions provided therefor in the
Agreement), by and between TOWN SPORTS INTERNATIONAL, INC., a New York
corporation (the "Borrower") and CAPITALSOURCE FINANCE LLC, a Delaware limited
liability company ("Lender").

         WHEREAS, the parties hereto wish to amend the Agreement in accordance
with the terms thereof as provided herein.

         NOW, THEREFORE, in consideration of the mutual covenants contained
herein and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties to this Agreement hereby agree as
follows:

         Amendment to Section 2.3--"Procedures for Borrowing". Section 2.3 of
the Agreement is hereby amended in its entirety and replaced by the following:

         As a condition to each Advance, Borrower shall deliver to Lender,
prior to 11:00 a.m. (New York time) on any Business Day which is not less than
(5) days prior to the date of such requested Advance (which date shall be a
Business Day), or such shorter period of time as may be acceptable to the
Lender, an irrevocable written notice substantially in the form of Exhibit B
hereto (each, a "Borrowing Notice"), duly executed by an Authorized Officer of
Borrower. Each Borrowing Notice shall be effective upon receipt by the Lender
and shall (a) specify the amount of the requested Advance and the date that
such Advance is to be made and (b) certify that each of the conditions set
forth in Section 4.2 hereof has been satisfied as of the date of such Borrowing
Notice. Notwithstanding the foregoing, should any amount required to be paid
hereunder or under any other Loan Document be unpaid, such amount may be paid
by the Lender and the Payment thereof shall be deemed a request for an Advance
as of the date such payment is due.


                                    *  *  *

<PAGE>
          IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the date first above written.

                                   TOWN SPORTS INTERNATIONAL, INC.

                                   BY: /s/ Richard G Pyle
                                      ____________________________
                                      Name:  Richard G Pyle
                                      Title: CFO


                                   CAPITALSOURCE HOLDINGS LLC

                                   BY: /s/ Steven A. Museles
                                      ______________________________
                                      Name:   Steven A. Museles
                                      Title:  Senior Vice President
EXHIBIT 23.1



                        CONSENT OF INDEPENDENT AUDITORS



We consent to the  incorporation  by  reference  in the  following  Registration
Statements of our report dated March 7, 1996,  with respect to the  consolidated
financial statements of Orion Network Systems, Inc. (a Delaware corporation that
is now known as Orion Oldco Services,  Inc.) included in the Annual Report (Form
10-K) for the year ended December 31, 1996.

     Post-Effective  Amendment No. 1 to the Registration Statement (Form S-8 No.
     33-97444)  pertaining  to the  Orion  Network  Systems,  Inc.  Amended  and
     Restated 1987 Stock Option Plan

     Post-Effective  Amendment No. 1 to the Registration Statement (Form S-8 No.
     333-19021)  pertaining to the Orion Network  Systems,  Inc.  Employee Stock
     Purchase Plan and the Orion Network  Systems,  Inc.  401(k) Profit  Sharing
     Plan

     Registration  Statement  (Form S-8 No.  333-xxxxx)  pertaining to the Orion
     Network Systems, Inc. Non-Employee Director Stock Option Plan



                                                  /s/ Ernst & Young LLP
                                                  ------------------------------
                                                  ERNST & YOUNG LLP


Washington D.C.
March 24, 1997