alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 18-0433

_________________

STATE OF MONTANA,

 Plaintiff and Appellee,

 v.

NATHAN MAHSEELAH,

 Defendant and Appellant.

O R D E R

_________________

Pursuant to the Internal Operating Rules of this Court, this cause is classified for 

submission on briefs to the Court sitting en banc. 

The Clerk is directed to provide a copy hereof to all counsel of record and to the 

Honorable James A. Manley, District Judge.

For the Court,

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

July 8 2020

07/08/2020

Case Number: DA 18-0433
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

APRIL 26, 2006

THOMAS K. KAHN

CLERK

 [DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

 

No. 05-14115

 

D. C. Docket No. 03-03788 CV-MHS-1

ROLAND I. OJEGBA,

Plaintiff-Appellant,

versus

TIM MURPHY,

KIM COLE, et al.,

Defendants-Appellees.

 

Appeal from the United States District Court

for the Northern District of Georgia

 

 (April 26, 2006)

Before DUBINA, MARCUS and PRYOR, Circuit Judges.

PER CURIAM:
Guilty plea accompanied by an assertion of innocence. See North Carolina v. Alford, 400 1

U.S. 25, 37 (1970).

See Blohm v. Commissioner, 994 F.2d 1542, 1555 (11th Cir. 1993). 2

2

This is a 42 U.S.C. § 1983 excessive force claim arising from the traffic stop

of plaintiff Roland I. Ojegba by Sergeant Tim Murphy of the Kennesaw State

University Police Department. Ojegba alleges that several officers, including

Sergeant Murphy, pepper sprayed, beat, and choked him while effectuating his

arrest. He further asserts racial discrimination claims, alleging police harassment

and intimidation. The district court granted summary judgment to the officers on

qualified immunity grounds for the excessive force claim, and summary judgment

on the racial discrimination claim for lack of evidence. Ojegba makes no

argument on appeal as to the racial discrimination claim.

After reviewing the record, reading the parties’ briefs and having the benefit

of oral argument, we affirm the district court’s grant of summary judgment up

until the time Ojegba was subdued by the officers under Heck v. Humphrey, 512

U.S. 477, 486 n.6 (1994) (courts should reject allegations in a civil suit that

contradict plaintiff’s plea of guilty to criminal charges). The fact that in this case

the plea was an Alford plea is of no consequence. 1 2

Concerning Ojegba’s claim of excessive force, the record does not support

it. Because we conclude from the record that no excessive force was used, Ojegba
3

fails to prove a constitutional violation occurred. See Graham v. Connor, 490

U.S. 386 (1989).

For the above-stated reasons, we affirm the district court’s grant of summary

judgment.

AFFIRMED.
## In t he Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06

- 20

- 00010

- CR

THE STATE OF TEXAS , Appellant

V.

TRENTON KYLE GREEN , Appellee

On Appeal from the 188th District Court Gregg County, Texas Trial Court No. 49202

- A

Befor e Stevens , C.J., van Cleef and Rambin , JJ. Memorandum Opinion by Justice Rambin2 

### ME MORANDUM OPINION

After Trenton Kyle Gr een allegedly forged a twenty

- dollar bill, he was in dicted for third

degree forgery pursuant to Section 32.21 (e) of the Texas Pen al Code

. 1 After the trial court granted Green’s motion to quash the indictment, the State appealed

. In our original opinion, we

affirmed the trial court ’s order

. The Texas Court of Criminal Appeals g ranted the State’s petition for re view, vacated our ju dgment, and remanded the case to this Court for further proceedings consistent with its opini on.

T he State, as appellant, has filed a motion to dismiss this appeal in compliance with R ule
42.2(a) of the Texas Rules of Appellate Proced ure. See T EX . R. A P P . P. 42.2(a). As authorized by Rule 42.2(a), we grant the motion. See id

. Accordingly, we dismiss this appeal.

Jeff Rambin Justice

Date Submitted: March 8 , 2024 Date Decided: March 11 , 202 4

Do Not Publish

1 See T EX

. P EN AL C ODE A NN

. § 32.21(e ) (Supp.)

.
Exhibit 32.1

CERTIFICATION PURSUANT

Section 1350 Certification as adopted pursuant to

Section 906 of the SARBANES-OXLEY ACT OF 2002

The undersigned officer of Peer Review Mediation and Arbitration, Inc. (the "Company"), hereby certifies, to such officer's knowledge, that the Company's Annual Report on Form 10-Q for the period ended June 30, 2012 (the "Report") fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: August 20, 2012             

By: /s/ Willis Hale

                                           

Willis Hale

Chief Executive Officer

Exhibit 32.2

CERTIFICATION PURSUANT

Section 1350 Certification as adopted pursuant to

Section 906 of the SARBANES-OXLEY ACT OF 2002

The undersigned officer of Peer Review Mediation and Arbitration, Inc. (the "Company"), hereby certifies, to such officer's knowledge, that the Company's Annual Report on Form 10-Q for the period ended June 30, 2012 (the "Report") fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: August 20, 2012             

By: /s/Marc E. Combs

                                           

Marc E. Combs

Chief Financial Officer
<Page>

                                                                   EXHIBIT 32.01

                           SECTION 1350 CERTIFICATION

In connection with this quarterly report of ML Appleton FuturesAccess LLC (the
"Company") on Form 10-Q for the period ended June 30, 2005 as filed with the
Securities Exchange Commission on the date hereof (this "Report"), I, Robert M.
Alderman, Chief Executive Officer, President and Manager of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant of the
Sarbanes-Oxley Act of 2002, that:

1. This 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.


Date: August 12, 2005
-----------------------

By /s/ ROBERT M. ALDERMAN
   ----------------------
Robert M. Alderman
Chief Executive Officer, President and Manager
(Principal Executive Officer)
**Exhibit 32.1**

 

ROYAL ENERGY RESOURCES,INC. FORM 10-K

FOR THE FISCAL YEAR ENDEDAUGUST 31, 2011

CERTIFICATION OF CHIEFEXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION1350,

AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

I, Jacob Roth, certify that

 

- I am the President,Chief Executive Officer and Chief Financial Officer of Royal Energy Resources, Inc.
- Attached to this certificationis Form 10-K for the fiscal year ended August 31, 2011, a periodic report (the “periodic report”) filed by the issuerwith the Securities Exchange Commission pursuant to Section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (the “ExchangeAct”), which contains financial statements.
- I hereby certify, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
The periodic reportcontaining the financial statements fully complies with the requirements of Section 13(a) or 15(d) of the Exchange Act, and
The information in theperiodic report fairly presents, in all material respects, the financial condition and results of operations of the issuer forthe periods presented.

 

 

November 28, 2011	Jacob Roth

	President, CEO and CFO
Order entered November 5, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00940-CV

IN RE ZIMMER, INC., Relator

Original Proceeding from the 366th Judicial District Court

Collin County, Texas

Trial Court Cause No. 366-03111-2011

ORDER

Before Justices FitzGerald, Francis and Brown

Before the Court is relator’s petition for writ of mandamus in which the relator requests 

that the Court stay proceedings in the trial court if the petition for writ of mandamus is not 

determined by November 10, 2014. Pending further order of the Court, we ORDER STAYED

the December 1, 2014 trial setting and all proceedings in the trial court in connection with the 

December 1, 2014 trial setting. Relator’s petition for writ of mandamus remains under

consideration.

/s/ MOLLY FRANCIS 

JUSTICE
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 on Form 10-Q of FSP Galleria North Corp.
(the "Company") for the period ended March 31, 2007 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), the undersigned,
George J. Carter, President and principal executive officer of the Company,
hereby certifies, pursuant to 18 U.S.C. Section 1350, that:

      (1)   the Report fully complies with the requirements of Section 13(a) or
            15(d) of the Securities Exchange Act of 1934; and

      (2)   the information contained in the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company.


Date: May 9, 2007                             /s/ George J. Carter
                                              ---------------------------
                                              George J. Carter
                                              President
                                              (Principal Executive Officer)
**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 Deep Field Technologies, Inc. (the
      “ Company ”)
      on
      Form 10-QSB for the fiscal quarter ended March 31, 2007, as filed with the
      U.S.
      Securities and Exchange Commission on the date hereof (the “ Report ”),
      the
      undersigned, in the capacities and on the dates indicated below, hereby
      certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
      906
      of the Sarbanes-Oxley Act of 2002, that to his knowledge:





1.  The
      Report fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934, as amended; and





2.  The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operation of the Company.




Date:
                June 14, 2007
            By:*/s/
                Guisan
                Pang*Name:Guisan
                PangTitle:Chief
                Executive Officer








A
      signed
      original of this written statement required by Section 906, or other document
      authentications, acknowledging, or otherwise adopting the signature that appears
      in typed form within the electronic version of this written statement required
      by Section 906, has been provided to Deep Field Technologies, Inc. and will
      be
      retained by Deep Field Technologies, Inc. and furnished to the U.S. Securities
      and Exchange Commission or its staff upon request.
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 NextFit, Inc., a Nevada corporation (the Company), on Form 10-Q for the quarterly period ended September 30, 2009 as filed with the Securities and Exchange Commission (the Report), I, Teri Sundh, Chief Executive Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350), that to my knowledge:  (1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.    /s/ Teri Sundh Date: November 17, 2009 Teri Sundh Chief Executive Officer (Principal Executive Officer)
Offer letter for William Jackson



 Exhibit 10.1 
 

 
 August 21, 2006 
  
  
 William Jackson 
 11431 Meadowcroft St. NW 
 Pickerington, OH 43147 
 Dear Bill: 
 I am pleased to extend you this
formal offer for the position of SVP, Nationwide Retirement Plans, effective October 1, 2006. The details of your compensation package are outlined below. 
 Base salary 
 The base salary is $275,000, effective October 1, 2006, paid bi-weekly.

 Performance Incentive Plan (PIP) 
 You will continue to be a participant in the Performance Incentive Plan (PIP). For 2006, your annual target award opportunity will be prorated as follows: 
  

	 	 •
	 	 45% effective January 1 through September 30, 2006 



	 	 •
	 	 65% effective October 1 through December 31, 2006 


 The target percentages as prorated above will be applied to your year-end base salary. 
 The award you
receive will be based upon both your individual and year-end business unit performance. Incentive payments under this plan occur in March, 2007 and all targets and awards under this plan are subject to the approval by the Board of Directors.

 Long-Term Incentive Equity Plan (LTEP) 
 You will continue to participate in the Long-Term Incentive Equity Plan at the same level for the remainder of 2006 since you have already received your long term incentive grant for the year. 
 Your 2006 target award of $135,850 was allocated 50% using Nationwide Value Added (NVA) performance metrics (a cash opportunity) and 50% Nationwide
Financial Services, Inc. nonqualified stock options. 
 Currently, the total long-term incentive target associated with your new position is
$306,000. 







 William Jackson 
 Offer for SVP, Nationwide Retirement Plans 
 2007 Incentive Targets 
 As you know, the executive compensation program is currently under review. Your 2007 target awards will be communicated to you following Board approval
early in 2007. 
 NFS Stock Ownership Guidelines 
 As a senior executive, you will be continue to be subject to NFS stock ownership guidelines. In summary, you will be expected to acquire and hold NFS stock with a minimum value of 2 times your base salary within five
years ($550,000). In addition to shares of stock that you own, the gain on all vested in-the-money options are included in the ownership equation for attaining this goal. 
 BENEFITS 
 Nationwide offers a comprehensive, competitive package of executive benefits. Your
benefit program eligibility and participation will not change with this promotion except to the extent where compensation influences calculations and benefits provided. 
 I’m looking forward to you assuming these new responsibilities! 
  

									
	 Sincerely,
  
	  		  		  	
	
	 Mark R. Thresher

	 President and Chief Operating Officer
	  		  		  	
	 Nationwide Financial Services
  

				
	 Accepted
	 	 ________________________________________
	  	 Date:                     
	  	
		 	 William Jackson
	  		  		  	

  
 2
**Exhibit 32.1**

 

**STATEMENT OF CHIEF EXECUTIVE OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350**

 

In connection with the Quarterly Report on Form 10-Q for the period ended March 31, 2011 (the “Form 10-Q”) of Cardinal Financial Corporation (the “Company”), I, Bernard H. Clineburg, Chairman and Chief Executive Officer, hereby certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:

 

(a)           the Form 10-Q fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and

 

(b)           the information contained in the Form 10-Q fairly presents, in all material respects, the consolidated financial condition and results of operations of the Company and its subsidiaries as of, and for, the periods presented in the Form 10-Q.

 

 
| Date:   May 9, 2011 | /s/   Bernard H. Clineburg             |
|--------------------------|----------------------------------------|
|                     | Bernard   H. Clineburg                 |
|                     | Chairman   and Chief Executive Officer |

 

----
I 

118TH CONGRESS 

1ST SESSION H. R. 5831 

To provide for the equitable settlement of certain Indian land disputes 

regarding land in Illinois, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2023 

Mr. COLE (for himself, Ms. MCCOLLUM, and Mr. BRECHEEN) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

To provide for the equitable settlement of certain Indian 

land disputes regarding land in Illinois, 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. SETTLEMENT OF CLAIMS. 

4 (a) JURISDICTION CONFERRED ON THE UNITED

5 STATES COURT OF FEDERAL CLAIMS.— 

6 (1) IN GENERAL.—Notwithstanding any other 

7 provision of law, the United States Court of Federal 

8 Claims shall have jurisdiction to hear, determine, 

9 and render judgment on a land claim of the Miami 

10 Tribe of Oklahoma under its Treaty with the United 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 5831 IH

1 States of America signed at Grouseland August 21, 

2 1805 (7 Stat. 91) (commonly known as the ‘‘Treaty 

3 of Grouseland’’), without regard to the statute of 

4 limitations, including section 2501 of title 28, 

5 United States Code, and any delay-based defense, no 

6 matter how characterized. 

7 (2) JURISDICTION EXPIRATION.—Not later 

8 than 1 year after the date of enactment of this Act, 

9 the jurisdiction conferred to the United States Court 

10 of Federal Claims under paragraph (1) shall expire 

11 unless the Miami Tribe of Oklahoma files a land 

12 claim under that paragraph. 

13 (b) EXTINGUISHMENT OF TITLE AND CLAIMS.—Ex14 cept for a claim filed under subsection (a)(1), all other 

15 claims, including any and all future claims, of the Miami 

16 Tribe of Oklahoma, or any member, descendant, or prede17 cessor in interest to the Miami Tribe of Oklahoma, to land 

18 in the State of Illinois are extinguished. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
Exhibit 32.1

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

In connection with the Quarterly Report of PanAmSat Holding Corporation (the "Company") on Form 10-Q for the period ended March 31, 2006
as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Joseph R. Wright, 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 to my knowledge:



|Date: May 11, 2006 |  | /s/JOSEPH R. WRIGHT JR.Joseph R. Wright Jr. Chief
Executive Officer
|------------------ |  | -------------------------------------------------------------------

---



QuickLinks
* Pursuant to 5 TH C IR . R. 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-60325 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus MELVIN FORD, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi

USDC No. 1:97-CR-4-ALL

- - - - - - - - - - June 15, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM: *Melvin Ford appeals from his sentence following his guiltyplea convictions for violations of the Clean Water Act, 33 U.S.C. § 1319(c)(1)(A). Ford argues that the district court erred by failing to conduct an evidentiary hearing on his objections to the PSR and that the court improperly based his sentence upon charges in the indictment that had been dismissed. We have reviewed the record and find no reversible error. Because FordNo. 98-60325 -2- did not offer any rebuttal evidence to refute the facts contained

in the PSR, the district court was free to adopt those findings without further inquiry. See United States v. Angulo , 927 F.2d 202, 204-05 (5th Cir. 1991). Further, Ford has not shown that the district court increased his sentence in any way based upon the dismissed felony counts in the indictment. Accordingly, the judgment of the district court is AFFIRMED.
AFFIRMED.
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


The undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that this Annual
Report on Form 10-KSB for the year ended December 31, 2004 fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934, as amended, and the information contained in such report fairly presents,
in all material respects, the financial condition and results of operations of
NetCo Investments Inc.


/s/ John Page                                Date: August 29, 2005
-----------------------------------
John Page
Director / Treasurer
Electronically FiledIntermediate Court of Appeals2856927-JAN-201208:08 AM
[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Notices]
[Page 18410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10266]



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


DEPARTMENT OF JUSTICE

Notice Pursuant to the National Cooperative Research and 
Production Act of 1993; Industrial Macromolecular Crystallography 
Association (``IMCA'')

    Notice is hereby given that on April 8, 1996, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. Sec. 4301 et seq. (``the Act''), Industrial Macromolecular 
Crystallography Association (IMCA) has filed written notifications 
simultaneously with the Attorney General and the Federal Trade 
Commission disclosing changes in its membership status. The 
notifications were filed for the purpose of extending the Act's 
provisions limiting the recovery of antitrust plaintiffs to actual 
damages under specified circumstances. Specifically, Sanofi Winthrop, 
Inc., New York, NY, has withdrawn as a member and Schering-Plough 
Research Institute, a corporation of Delaware, with its principal place 
of business in Kenilworth, NJ, has become a member. In addition, two 
members have changed their legal names: Glaxo, Inc., has changed its 
name to Glaxo Wellcome, Inc., Research Triangle Park, NC and Miles, 
Inc., has changed its name to Bayer Corporation, Pittsburgh, PA.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and IMCA intends to file additional 
written notification disclosing all changes in membership.
    On October 23, 1990, IMCA filed its original notification pursuant 
to Section 6(a) of the Act. The Department of Justice published a 
notice in the Federal Register pursuant to Section 6(b) of the Act on 
December 3, 1990 (55 FR 49953).
    The last notification was filed with the Department on January 19, 
1995. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on December 21, 1995 (60 FR 66324).
Constance K. Robinson,
Director of Operations, Antitrust Division.
[FR Doc. 96-10266 Filed 4-24-96; 8:45 am]
BILLING CODE 4410-01-M