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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1834

In Re: MICHAEL EUGENE YOUNG,

Petitioner.

On Petition for Writ of Mandamus. (3:04-cr-00318-RJC-CH-1)

Submitted: October 19, 2009 Decided: November 5, 2009

Before MICHAEL, MOTZ, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Michael Eugene Young, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Michael Eugene Young petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his motion for return of property pursuant to Fed. R. Crim. P. 41(g). He seeks an order from this court directing the district

court to act. Our review of the docket sheet reveals that the district court has scheduled a hearing on Young’s motion. Accordingly, because the district court has recently acted in Young’s case, we deny the mandamus petition as moot. We grant leave to proceed in forma pauperis. 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.

PETITION DENIED
**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

In connection with the Quarterly Report of XETA Technologies, Inc. (the “Company”) on Form 10-Q/A for the fiscal quarter ended January 31, 2004, as filed with the Securities and Exchange Commission (the “Report”), I, Jack R. Ingram, Chief Executive 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 the Report fairly   presents, in all material respects, the financial condition and results of   operations of the Company. |

 

|   | /s/ JACK R. INGRAM            |   |
|--------|-------------------------------|--------|
|   |                               |   |
|   | **Jack R.   Ingram**          |   |
|   | **Chief   Executive Officer** |   |
|   |                          |   |
|   | June 10, 2004                 |   |
### IN THE
TENTH COURT OF APPEALS

No. 10

- 19

- 00023

- CV

WILLIAM RICHARDSON

, Appellant

v.

TWIN PEAKS INVESTMEN T LLC, FRONT
BURNER RESTAURANTS G P LLC, BRENT STROMAN, MANUEL CHAV EZ, PARNELL MCNAMARA AND JOHN DO E

, Appellee s

From the 160th District Court Dallas County, Texas
Trial Court No. 2017

- 1448

- 3; MDL

- 16

- 00001; DC

- 15

- 0918

MEMORANDUM OPINION

Appellant appeals from an order from a MDL Pretrial Court in Dallas County. By

letter dated January 28, 2019, the Clerk of this Cou rt notified appellant that the appeal

was subject to dismissal because it appeared the notice of appeal was untimely, the trial

court from which the order was rendered is not within this Court’s jurisdiction, and the

Court may not have jurisdiction of an o rder from an MDL pretrial court. See T EX

. R. A PP

.

P. 42.3(b); 44.3. By the same letter, the Clerk warned appellant that the a ppeal would beRichardson v. Twin Peaks Investment LLC Page 2

dismissed unless, within 14 days from the date of the letter, a response was filed showing

grounds for continuing the appeal. A ppellant was further warned that the failure to file

a response as requested would al so result in the dismissal of the appeal without further

notification for failure to comply with this order or a notice from the Clerk. T EX

. R. A PP

.

P . 42.3(c).

More than 14 days have passed and no response has been filed. Accordingly, this

appeal is dismissed. See T EX

. R. A PP

. P. 42.3, 44.3.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins 1 Appeal dismissed Opinion delivered and filed February 27 , 2019 [CV06]

1 The Honorable Al Scoggins, Senior Justice of the Tenth Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See T EX

. G OV ’ T C ODE A NN . §§ 74.003, 75.002, 75.003 (West 2013).
**EXHIBIT
      32.2**





**SECTION
      906 CERTIFICATION**





Exhibit
      32.2





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 Quarterly Report of Warp 9, Inc. (the “Company”) on Form
      10-Q for the period ending September 30, 2008 (the “Report”) I, Louie Ucciferri,
      Chairman, Corporate Secretary, and Acting Chief Financial Officer of the
      Company, certify, pursuant to 18USC §§.1350, as adopted pursuant to §§.906 of
      the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and
      belief:





(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:
                November 13, 2008By:
                \s\*Louie Ucciferri*Louie
                Ucciferri, Chairman, Corporate Secretary, Acting Chief Financial
                Officer(Principal
                Financial/Accounting Officer)





This
      certification accompanies the Report pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by
      the
      Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
      Section 18 of the Securities Exchange Act of 1934, as amended.
#### Dorothy E. Epstein, Appellant, *v.*City of New York, Respondent.

Supreme Court, Appellate Term, First Department,

June 19, 1936.

*Aaron*Kahan, for the appellant.

*Paul Windels, Corporation Counsel [Oscar S. Cox*and *John M. Gaston, Jr.,*of counsel], for the respondent.

Per Curiam.

Section 1027 of the Greater New York Charter requires that no tax lien shall be sold in the city of New York unless notice of such sale shall have been advertised. While the old tax lien was properly advertised, the new tax lien, alleged to have been created on April 24, 1933, by the apportionment, was never advertised. There being no publication, the lien is invalid and the sale thereof to the plaintiff is void. Failure to comply substantially with all statutory requirements invalidates a tax lien.

Judgment reversed, with thirty dollars costs, and judgment directed for the plaintiff for the relief demanded in the complaint, with interest and costs.

. All concur. Present ■— Levy, Callahan and Frankenthaler, JJ.
* Judge Motz did not participate in consideration of this case. The opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d) (1994). UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-1327
MORRIS D. SQUIRES, Plaintiff - Appellant, versus FLUOR DANIEL, INCORPORATED; WALLACE L. OWENS; BARRY M. CARROLL; E. I. DUPONT DE NEMOURS & COMPANY; CHARLES LEABERRY, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Patrick Michael Duffy, District Judge. (CA-96-1139-4-23) Submitted: May 29, 1997 Decided: June 6, 1997 Before NIEMEYER, LUTTIG, and MOTZ, * Circuit Judges. Affirmed by unpublished per curiam opinion.2Morris D. Squires, Appellant Pro Se. Benjamin Phillip Glass, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, Greenville, South Carolina; Robert Thomas Lyles, Jr., OGLETREE, DEAKINS, NASH, SMOAK, STEWART, L.L.P., Charleston, South Carolina; Joy Scherffius Goodwin, LEVY & GOODWIN, Columbia, South Carolina; Gardner G. Courson, Jamie G. Miller, GLASS, MCCULLOUGH, SHERRILL & HARROLD, Atlanta, Georgia; Laura H. Walter, GLASS, MCCULLOUGH, SHERRILL & HARROLD, Washington, D.C., for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: Appellant appeals the district court's order granting summary judgment in favor of Defendants and dismissing Appellant's civil action brought under the Americans with Disabilities Act, 42 U.S.C. § 12101 (1994). We have reviewed the record and the district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Squires v. Fluor Daniel, Inc. , No. CA-96-1139-4-23 (D.S.C. Feb. 6, 1997). 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
# Fourth Court of Appeals

**San Antonio, Texas**

August 3, 2022

No. 04

- 22

- 00306

- CR

EX PARTE Michael Omar LOPEZ

From the 290th Judicial District Court

, Bexar County, Texas

Trial Court No. 2012CR1981

- W5

Honorable Melisa C. Skinner , Judge Presiding

ORDER

In accordance with this court’s opinion of this date, this appeal is DISMISSED FOR

WANT OF JURISDICTION.

It is so ORDERED on August 3, 2022

.

_____________________________ Beth Watkins , Justice

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

court on this 3rd day of August, 2022

.

_____________________________ Michael A. Cruz , Clerk of Court
**EXHIBIT 32.2**Written Statement of the Chief Financial Officer Pursuant to 18U.S.C. Section 1350     Pursuant to 18 U.S.C. Section 1350, the undersigned officerof JAKKS Pacific, Inc. (“Registrant”), herebycertifies that the Registrant’s Annual Report onForm 10-K for the year ended December 31, 2004 (the“Report”) fully complies with the requirements ofSection 13(a) or 15(d), as applicable, of the SecuritiesExchange Act of 1934 and that the information contained in theReport fairly presents, in all material respects, the financialcondition and results of operations of the Registrant.Date: March 31, 2005     /s/ Joel M. Bennett           JOEL M. BENNETT *Executive Vice President and* *Chief Financial Officer*
95
II

106TH CONGRESS

2D SESSION S. 2376

To suspend temporarily the duty on isobornyl acetate.

IN THE SENATE OF THE UNITED STATES

APRIL 6, 2000

Mr. HELMS introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To suspend temporarily the duty on isobornyl acetate.

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

3 SECTION 1. TEMPORARY SUSPENSION OF DUTY.

4 (a) IN GENERAL.—Subchapter II of chapter 99 of

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new heading:

‘‘ 9902.29.01 Isobornyl acetate

(CAS No. 125–

12–2) (provided

for in subheading

2915.39.45) ....... Free No change No change On or before

12/31/04 ’’.

8 (b) EFFECTIVE DATE.—The amendment made by

9 this section applies with respect to goods entered, or with-
2

•S 2376 IS

1 drawn from warehouse for consumption, on or after the

2 15th day after the date of the enactment of this Act.

Æ
*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.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 96-11181

Summary Calendar

CSORBA V. VARO, INC.,

Plaintiff-Appellant,

VERSUS

VARO, INC.,

Defendant-Appellee.

Appeal from the United States District Court

For the Northern District of Texas

(3:94-CV-1250-T)

April 18, 1997

Before WISDOM, JOLLY, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Illes P. Csorba appeals the district court’s order granting

the defendant Varo’s motion for summary judgment. We have reviewed

the record and the briefs of the parties and find that there is no

genuine issue as to any material fact and that Varo is entitled to

judgment as a matter of law. Accordingly, the district court is
AFFIRMED.
#### In the Matter of the Arbitration of Certain Claims in Favor of Martin D. Buckley, Respondent, against Joseph J. Welch, Appellant.

Judgment and order affirmed, with costs.

All concurred.
**Exhibit 31.1**CERTIFICATIONI, Thomas H. Siemers, certify that:1. I have reviewed this Quarterly Report on Form 10-QSB of First FranklinCorporation; 2. Based on my knowledge, this report does not contain any untrue statement of amaterial 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 misleadingwith respect to the period covered by this report; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the small business issueras of, and for, the periods presented in this report; 4 The small business issuer’s other certifying officer(s) and I are responsiblefor establishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:(a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the small business issuer,including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this reportis being prepared;(b) Evaluated the effectiveness of the small business issuer’s disclosurecontrols and procedures and presented in this report our conclusions aboutthe effectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and(c) Disclosed in this report any change in the small business issuer’sinternal control over financial reporting that occurred during the smallbusiness issuer’s most recent fiscal quarter (the small business issuer’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the small businessissuer’s internal control over financial reporting; and5. The small business issuer’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control over financial reporting, tothe small business issuer’s auditors and the audit committee of the small businessissuer’s board of directors (or persons performing the equivalent functions):(a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the small business issuer’s ability to record,process, summarize and report financial information; and(b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the small business issuer’sinternal control over financial reporting.   Date: May 12, 2006 /s/ Thomas H. Siemers     Thomas H. Siemers  President and Chief Executive Officer
- 17 -
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

FELIMON CRUZ

- VENTURA,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 11 MM 2018

ORDER

PER CURIAM

AND NOW , this 27th day of March

, 2018, the Petition for Leave to File Petition for

Allowance of Appeal Nunc Pro Tunc is DENIED.
<PAGE>


Exhibit No. 12.1 -- Computation of Earnings to Fixed Charges

<TABLE>
<CAPTION>
                                                            Years Ended December 31,
                                             1994        1995        1996         1997         1998
                                           --------    --------    ---------    ---------    ---------
<S>                                        <C>         <C>         <C>          <C>          <C>
One-third of rent expense                  $    492    $    882    $     942    $   1,062    $   1,134

Interest including amortization
  of deferred financing fees                  3,334      10,745       18,685       20,285       25,451
                                           --------    --------    ---------    ---------    ---------

Fixed charges                                 3,826      11,627       19,627       21,347       26,585
Income (loss) before income taxes             9,983       4,830      (43,311)     (14,782)    (137,168)
                                           --------    --------    ---------    ---------    ---------

Earnings before fixed charges              $ 13,809    $ 16,457    $ (23,684)   $   6,565    $(110,583)
                                           ========    ========    =========    =========    =========

Ratio of earnings to fixed charges             3.61x       1.42x        0.00x        0.00x        0.00x
                                           ========    ========    =========    =========    =========

Deficiency of earnings to fixed charges    $     --    $     --    $ (43,311)   $ (14,782)   $(137,168)
                                           ========    ========    =========    =========    =========
</TABLE>
100th Congress, 2d Session Senate Document 100-39

VETO—S. 1259

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

RETURNING

WITHOUT MY APPROVAL S. 1259, A BILL TO GRANT A RIGHT OF

ACCESS ACROSS A PORTION OF BUFFALO NATIONAL RIVER PARK

Oc to ber 11, 1988.—Ordered to be printed

29-011

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1988
To the Senate of the United States

I am returning herewith without my approval S. 1259, a bill to 

grant a right of access across a portion of Buffalo National River 

Park to a landowner whose property is adjacent to the Park. Located in northwest Arkansas, the Buffalo National River was established in 1972. Buffalo National River, with both swift-running and 

placid stretches, is one of the few remaining unpolluted free-flowing rivers in the lower 48 States.

Through various efforts in recent years, the landowner has 

sought a shortcut across Park lands for access to a public road near 

his land, as an alternative to the means of access across private 

lands that he already enjoys. The landowner claimed unsuccessfully in court that certain Park land constituted a public road on 

which he and other members of the public were entitled to travel. 

The United States District Court for the Western District of Arkansas found that he had “no right to use a part of the Buffalo River 

National Park lands for access to his residence.,, Jones v. Gould

and the Department of the Interior, Civil No. 83-3097 (1983), 12. 

Upon appeal of the case, a unanimous three-judge panel of the 

United States Court of Appeals for the Eighth Circuit affirmed the 

decision of the lower court, stating that “the district court's finding 

that no public road existed is correct." Jones v. Gould and the Department of the Interior, 741 F. 2d 220 (1984), 221.

Preservation of America's natural heritage requires careful management of our parklands by the Department of the Interior. The 

Federal Government has a duty to preserve and protect our National Parks for the benefit and enjoyment of all Americans—both 

those now living and future generations. This bill permits the special roadway access for the private landowner to diminish the 

scenic, historic, and other values for which the Park was established, as long as it does not do so “unreasonably." The Park lands 

across which the landowner seeks access are partly wooded and 

partly old pastureland that is now returning to its natural condition as a forest. Special roadway access across this land would inhibit its return to that natural condition.

If we begin with S. 1259 to establish by private bills special roadway privileges in our National Parks for the convenience of private 

landowners fortunate enough to have sufficient influence to secure 

passage of such bills, we will have begun to squander our national 

treasure.

Accordingly, I cannot approve S. 1259.

Ronald Reagan.

The White House, October 11, 1988.

(l)
```

[Federal Register Volume 75, Number 91 (Wednesday, May 12, 2010)]
[Notices]
[Page 26761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11316]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

Eunice Kennedy Shriver National Institute of Child Health and 
Human Development; Notice of Closed Meeting

    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 
meeting.
    The meeting 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 of Child Health and Human 
Development Special Emphasis Panel; Asymmetric Robotic Gait Training 
and Asymmetric Reaching Training to Induce Both.
    Date: June 10, 2010.
    Time: 2 p.m. to 4 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6100 Executive Boulevard, 
Rockville, MD 20852, (Telephone Conference Call).
    Contact Person: Sathasiva B. Kandasamy, PhD, Scientific Review 
Administrator, Division of Scientific Review, National Institute of 
Child Health and Human Development, 6100 Executive Boulevard, Room 
5B01, Bethesda, MD 20892-9304, (301) 435-6680, 
[email protected].

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research; 93.209, 
Contraception and Infertility Loan Repayment Program, National 
Institutes of Health, HHS)

    Dated: May 6, 2010.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2010-11316 Filed 5-11-10; 8:45 am]
BILLING CODE 4140-01-P
```