alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

February 14, 2020

No. 04-20-00040-CR

Clovis Douglas COOPER, Jr.,

Appellant

v.

The STATE of Texas,

Appellee

From the 274th Judicial District Court, Guadalupe County, Texas

Trial Court No. 19-2107-CR-B

Honorable Gary L. Steel, Judge Presiding

O R D E R

The Appellant’s Motion for Extension of Time to File Brief is hereby GRANTED. The 

appellant’s brief is due on or before March 23, 2020.

_________________________________

Irene Rios, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 14th day of February, 2020.

___________________________________

MICHAEL A. CRUZ,

Clerk of Court
(November 3, 1923.)

#### CLIFFORD L. SHARP, Respondent, v. PERCY JEFFREY, Appellant.

[221 Pac. 143.]

APPEAL from the District Court of the Ninth Judicial District, for Jefferson County. Hon. James G. Gwinn, Judge.

Action to oust defendant from the office of highway commissioner, and for the statutory penalty. From judgment for plaintiff, defendant appeals.

*Reversed*and *remanded,*with instructions to dismiss.

F. A. McCall and C. A. Bandel, for Respondent.

Peterson *&*Coffin and R. W. Katerndahl, for Appellant.

“WILLIAM A. LEE’, J.

— This is a companion case to *Sharp v. Brown, ante,*p. 136, 221 Pac. 139. Upon the authority of that case, the judgment is reversed and the cause remanded, with instructions to dismiss the proceedings. Costs awarded to appellant.

Budge, C. J., and McCarthy, Dunn and Wm. E. Lee, JJ., concur.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19
- 7669

TIMOTHY NEAL PRINCE , Petitioner

- Appellant ,

v. HARVEY CLAY , Respondent

- Appellee

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh

. Terrence W. Boyle , Chief District Judge. ( 5:18

- hc

- 02309

- BO )

Submitted : March 10, 2020 Decided: March 13, 2020

Before NIEMEYER and AGEE , Circuit Judges , and SHEDD, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

. Timothy Neal Prince, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Timothy Neal Prince seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (201 8 ) peti tion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A) (201 8 ). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutiona l right.” 28 U.S.C. § 2253(c)(2) (201 8 ). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong. See Buck v. Davis , 137 S. Ct. 759, 773

- 74 (2017). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable and that the petition states a debatable claim o f the denial of a constitutional right. Gonzalez v. Thaler , 565 U.S. 134, 140

- 41 (2012) (citing Slack v. McDaniel , 529 U.S. 473, 484 (2000))

. We have independently reviewed the record and conclude that Prince has not made the requisite showing. Accordi ngly, we deny a certificate of appealability and dismiss the appeal. 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.
DIS MISSED
[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Notices]
[Page 24961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10432]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Alcohol Abuse and Alcoholism; Notice of 
Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meetings.
    The meetings will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Alcohol Abuse and 
Alcoholism Special Emphasis Panel; NADIA Consortium Review (IN).
    Date: May 19, 2010.
    Time: 8 a.m. to 7 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Embassy Suites at the Chevy Chase Pavilion, 4300 Military 
Road, NW., Washington, DC 20015.
    Contact Person: Ranga Srinivas, PhD, Chief, Extramural Project 
Review Branch, Office of Extramural Activities, National Institutes 
of Health, National Institute on Alcohol Abuse & Alcoholism, 5635 
Fishers Lane, Room 2085, Rockville, MD 20852.

    Name of Committee: National Institute on Alcohol Abuse and 
Alcoholism Special Emphasis Panel; NADIA Consortium Review (NC).
    Date: May 20, 2010.
    Time: 8 a.m. to 6 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Embassy Suites at the Chevy Chase Pavilion, 4300 Military 
Road, NW., Washington, DC 20015.
    Contact Person: Ranga Srinivas, PhD, Chief, Extramural Project 
Review Branch, Office of Extramural Activities, National Institutes 
of Health, National Institute on Alcohol Abuse & Alcoholism, 5635 
Fishers Lane, Room 2085, Rockville, MD 20852.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.271, 
Alcohol Research Career Development Awards for Scientists and 
Clinicians; 93.272, Alcohol National Research Service Awards for 
Research Training; 93.273, Alcohol Research Programs; 93.891, 
Alcohol Research Center Grants; 93.701, ARRA Related Biomedical 
Research and Research Support Awards, National Institutes of Health, 
HHS)

    Dated: April 28, 2010.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2010-10432 Filed 5-5-10; 8:45 am]
BILLING CODE 4140-01-M
### UNITED STATES DISTRICT COURT FORTHE DISTRICT OF COLUMBIA
RICK ROY SCHLOTZHAUER, ) ) Petitioner, ) ) 

### v. ) ) BARACKHUSSEIN OBAMA, et aI., ) ) Respondents. ) Civil Action No.



### MEMORANDUM OPINION 

# FILED AUG - 

## 52D1O Clerk US Dist· 

### CourtSfo',Ute**D/~trlct** 8. Bankruptcy ctof COlumbia 

# 10 1311

This matter comes before the Court on review ofpetitioner's application to proceed in forma pauperis and hispro se petition for a writ ofmandamus. The Court will grant the application and deny the petition. Petitioner is serving a lengthy term ofimprisonment onhis conviction for conspiring to manufacture 1000 ormore marijuana plants in violation of21 U.S.c. 

### § 841(b). See United States v. Schlotzhauer, 356 Fed. Appx. 56, 59 (9th Cir. 2009), cert. denied, 130 S. Ct. 1930 (2010). He states that, following an appeal ofhis criminal case, he "submitted a perfected writ to the Court ofIntemational Trade
... demonstrat[ing] that the respondents and the Court never really allowed [him] to present [his] case[.]" Pet. (Jurisprudence) at 1. It appears that petitioner has filed a motion for defaultjudgment in the Court ofInternational Trade, see id. at 2, and he requests a writ ofmandamus directing the Court ofInternational Trade to enter a default judgment in his favor, id. Through this process, petitioner seeks his immediate release from incarceration.Mandamus reliefis proper onlyif"(1) the plaintiffhas a clear right to relief; (2) the defendant has a clear dutyto act; and (3) there is no other adequate remedy available to plaintiff." Council of and for the Blindof Delaware County Valley v. Regan, 709 F.2d 1521, 1533 (D.C. Cir. 1983) (en bane). The party seeking mandamus has the "burden ofshowing that [his] right to issuance ofthe writ is 'clear and indisputable.'" GulfstreamAerospace Corp. v. Mayacamas Corp., 485 U.S. 271,289 (1988) (citingBankers Life & Cas. Co. v. Holland, 346 U.S. 379, 384 (1953)). Where the actionpetitioner seeks to compel is discretionary, he has no clearright to reliefand mandamus therefore is not an appropriate remedy. See, e.g., Heckler v. Ringer, 466 U.S. 602, 616 (1984). Petitioner does not establish any ofthese elements. Moreover, insofar as he seeks to vacate, set aside or amend his sentence, this Court is without authorityto entertain such a petition. See Ojo v. Immigration & Naturalization Serv.,106 F.3d 680,683 (5th Cir. 1997) (stating that sentencing court is the only court withjurisdiction to hear a defendant's complaintregarding errors that occurred before orduring sentencing). An Order consistent with this Memorandum Opinion will be issued separately onthis
same date.

United States District

# Jeg
Date:

# ~1/V6Id
```

[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Notices]
[Page 24961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10657]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0480]

Agency Information Collection Activities; Announcement of Office 
of Management and Budget Approval; Investigational Device Exemptions 
Reports and Records

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

-----------------------------------------------------------------------

SUMMARY:  The Food and Drug Administration (FDA) is announcing that a 
collection of information entitled `` Investigational Device Exemptions 
Reports and Records--21 CFR Part 812'' has been approved by the Office 
of Management and Budget (OMB) under the Paperwork Reduction Act of 
1995.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of 
Information Management, Food and Drug Administration, 1350 Piccard Dr., 
PI50-400B, Rockville, MD 20850, 301-796-5156, 
[email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of January 19, 2010 
(75 FR 2869), the agency announced that the proposed information 
collection had been submitted to OMB for review and clearance under 44 
U.S.C. 3507. An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has now approved the 
information collection and has assigned OMB control number 0910-0078. 
The approval expires on February 28, 2013. A copy of the supporting 
statement for this information collection is available on the Internet 
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: April 29, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-10657 Filed 5-6-10; 8:45 am]
BILLING CODE 4160-01-S
```
**Exhibit 32.1**

CERTIFICATION PURSUANT TO 

18 U.S.C. §1350, 

AS ADOPTED PURSUANT TO 

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 

        In connection with this Interim Report on Form 10-QSB of Technology Research Corporation (the “Company”) for the quarter ended December 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned President and Chief Executive Officer certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
S. 2019

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

For the relief of Malia Miller.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. PERMANENT RESIDENT STATUS FOR MALIA MILLER.

(a) IN GENERAL.—Notwithstanding subsections (a) and (b) of

section 201 of the Immigration and Nationality Act, Malia Miller

shall be eligible for issuance of an immigrant visa or for adjustment

of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa

under section 204 of such Act or for adjustment of status to lawful

permanent resident.

(b) ADJUSTMENT OF STATUS.—If Malia Miller enters the United

States before the filing deadline specified in subsection (c), she

shall be considered to have entered and remained lawfully and

shall, if otherwise eligible, be eligible for adjustment of status

under section 245 of the Immigration and Nationality Act as of

the date of enactment of this Act.

(c) DEADLINE FOR APPLICATION AND PAYMENT OF FEES.—Subsections (a) and (b) shall apply only if the application for issuance

of an immigrant visa or the application for adjustment of status

are filed with appropriate fees within 2 years after the date of

enactment of this Act.
S. 2019—2

(d) REDUCTION OF IMMIGRANT VISA NUMBER.—Upon the

granting of an immigrant visa or permanent residence to Malia

Miller, the Secretary of State shall instruct the proper officer to

reduce by one, during the current or next following fiscal year,

the total number of immigrant visas that are made available to

natives of the country of the alien’s birth under section 203(a)

of the Immigration and Nationality Act or, if applicable, the total

number of immigrant visas that are made available to natives

of the country of the alien’s birth under section 202(e) of such

Act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE EL E VENTH CIRCUIT

__________________________ No. 14

- 12772 Non

- Argument Calendar

__________________________ D.C. Docket No. 8:14

- cv - 00919

- JSM

- TBM TERRY L. FISH , Plaintiff

- Appellant ,
versus G EICO INSURANCE, CREDIT COLLECTION SERVICES , Defendants

- Appellees

.

__________________________ Appeal from the United States District Court for the Middle District of Florida

__________________________ (July 9, 2015) Before MARTIN , ANDERSON , and COX , Circuit Judges

. PER CURIAM :

Case: 14-12772 Date Filed: 07/09/2015 Page: 1 of 32 Terry L. Fish, proceeding pro se , appeals the district court’s sua sponte dismissal, under 28 U.S.C. § 1915(e)(2)(B)(i), of Fish’s civil complaint as time

barred. Fish’s complaint alleges violations of the Fair Debt Collection Practices Act (“the Act”), 15 U.S.C. §§ 1962, et seq . An action brought under this Act must be brought within one year from the date on which the alleged violation occurred. Fish’s action was filed more than eight years after his cl aim accrued. We a ssum e arguendo that Fish’s claims could be subject to equitable tolling . T he district court’s order dismissing the action adopted and approved the Magistrate Judge’s Report and Recommendation which concluded that “it appears beyond doubt from the Complaint itself that Plaintiff cannot prove any set of facts that would avoid a statute of limitations bar.” (Doc. 7 at 5). We review de novo the district court’s dismissal of a plaintiff’s complaint for failure to satisfy the statute of limi tations. Jackson v. Astrue , 506 F.3d 1349, 1352 (11th Cir. 2007). We also review de novo whether a plaintiff is entitled to equitable tolling. Id

. Where it is clear from the face of a complaint filed in forma pauperis that the claims asserted are barred by the statute of limitations, the claims are properly dismissed pursuant to § 1915 as frivolous. Hughes v. Lott , 350 F.3d 1157, 1160 (11th Cir. 2003).

Case: 14-12772 Date Filed: 07/09/2015 Page: 2 of 33 Fish’s complaint fails to show that the statute of limitations did not bar the action. And, Fish failed to meet his bur den of showing that equitable tolling was warranted in this case. Equitable tolling is appropriate only when a plaintiff untimely files due to “ extraordinary circumstances that are both beyond his c ontrol and unavoidable even with diligence.” Arce v. Garcia , 434 F.3d 1254, 1261 (11th Cir. 2006) (internal quotations omitted) (emphasis in original). The circumstances here were neither beyond Fish’s control nor unavoidable with diligence. The district court did not err in dismissing this action as frivolous.
AFFIRMED. Case: 14-12772 Date Filed: 07/09/2015 Page: 3 of 3
Exhibit. 12.2 

 

CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 

 

I, Marcelo Mafra Bicalho, certify that: 

 

1. I have reviewed this annual report on Form 20-F of Sky Brasil Serviços Ltda; 

 

2. Based on my knowledge, this annual report does not contain any untrue statement of a material fact or omit to state amaterial 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 annual report; 

 

3. Based on my knowledge, the Financial Statements, and other financialinformation included in this annual 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 annual report; 

 

4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13(a)-15(e) and 15(d)-15(e)) for the registrant and have: 

 

a) designed such disclosure controls and procedures or caused such disclosure controls and procedures to be designed under oursupervision, 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 annual report is being prepared;

 

b) evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this annual 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 

 

c) disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the period covered by this annual report that has materially affected, or is reasonably likely to materially affect, the registrant internal control over financial reporting. 

 

5. The registrant’s other certifying officers and I have disclosed,based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent function): 

 

a) all significant deficiencies and material weaknesses inthe design or operation of internal control over financial reporting, which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

b) any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’s internal control over financial reporting; and 

 

Date: June 30, 2004 
By 
/s/ Marcelo Mafra Bicalho
  
Marcelo Mafra Bicalho
  
Chief Financial Officer
II

106TH CONGRESS

1ST SESSION S. 1847

To redesignate the Federal building located at 701 South Santa Fe Avenue

in Compton, California, and known as the Compton Main Post Office,

as the ‘‘Mervyn Malcolm Dymally Post Office Building’’.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 3, 1999

Mrs. BOXER introduced the following bill; which was read twice and referred

to the Committee on Governmental Affairs

A BILL

To redesignate the Federal building located at 701 South

Santa Fe Avenue in Compton, California, and known

as the Compton Main Post Office, as the ‘‘Mervyn Malcolm Dymally Post Office Building’’.

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

3 SECTION 1. REDESIGNATION.

4 The Federal building located at 701 South Santa Fe

5 Avenue in Compton, California, and known as the Comp6 ton Main Post Office, shall be known and designated as

7 the ‘‘Mervyn Malcolm Dymally Post Office Building’’.
2

•S 1847 IS

1 SEC. 2. REFERENCES.

2 Any reference in a law, map, regulation, document,

3 paper, or other record of the United States to the Federal

4 building referred to in section 1 shall be deemed to be

5 a reference to the Mervyn Malcolm Dymally Post Office

6 Building.

Æ
C.J. 

J. 

Douglas 

3. 

J. 

The petition satisfies the requirements of SCR 98(5). Accordingly, 

we approve attorney Marcia M. McCormick's resignation. SCR 98(5)(a)(2). 

The petition is hereby granted. 

It is so ORDERED. 

/ 

Hardesty 

c Li -3 t -Thr 

Parraguirre 

J. 

Saitta 

cc: David A. Clark, Bar Counsel 

Kimberly K. Farmer, Executive Director, State Bar of Nevada 

Marcia M. McCormick 

Perry Thompson, Admissions Office, United States Supreme Court 

SUPREME COURT 

OF 

NEVADA 2 

(0) 1.947A
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 189 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                 S. 189

     To restore the traditional day of observance of Memorial Day.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 19, 1999

  Mr. Inouye introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
     To restore the traditional day of observance of Memorial Day.

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

SECTION 1. RESTORATION OF TRADITIONAL DAY OF OBSERVANCE OF MEMORIAL 
              DAY.

    (a) In General.--Section 6103(a) of title 5, United States Code, is 
amended in the item relating to Memorial Day by striking out ``the last 
Monday in May.'' and inserting in lieu thereof ``May 30.''.
    (b) Display of Flag.--Section 2(d) of the joint resolution entitled 
``An Act to codify and emphasize existing rules and customs pertaining 
to the display and use of the flag of the United States of America'', 
approved June 22, 1942 (36 U.S.C. 174(d)), is amended by striking out 
``the last Monday in May;'' and inserting in lieu thereof ``May 30;''.
    (c) Proclamation.--The President is authorized and requested to 
issue a proclamation calling upon the people of the United States to 
observe Memorial Day as a day for prayer and ceremonies showing respect 
for American veterans of wars and other military conflicts.
                                 <all>
```
EXHIBIT 32.1  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  I, Steven Adelstein, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Wellesley Capital Management Corp. on Form 10-Q/A Amendment No. 1 for the period ended June 30, 2012 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-Q/A Amendment No. 1 fairly presents in all material respects the financial condition and results of operations of Wellesley Capital Management Corp.   Dated:  August 20, 2012/s/ Steven AdelsteinSteven AdelsteinPresident, Principal Executive Officer and
Principal Accounting and Financial Officer   A signed original of this written statement required by Section 906 has been provided to Wellesley Capital Management Corp. and will be retained by Wellesley Capital Management Corp. and furnished to the United States Securities and Exchange Commission or its staff upon request.