alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered September 22, 2022

In The 

### Court of Appeals **Fifth District of Texas at Dallas**
No. 05
- 22
- 00156
- CR
THOMAS LINZ JOHNSON , Appellant
V.
THE STATE OF TEXAS , Appellee On Appeal from the 28 2nd Judicial District Court Dallas County, Texas Trial Court Cause No. F 15
- 58525
- S
O RDER Before the Court is appellant ’ s Sep tember 6, 2022 amended motion to strike and object i ons to the trial court ’ s July 18, 2022 order appointing as attorney pr o
tem Tar rant County District Attorney Sharen Wilson or any Tarrant County assistant district attorney Wilson designate s
. Appellant contends it is an abuse of discretion to appoint Wilson and her assistants absent an oath of office . Appellant further cont ends that because the record has been filed, rule 25.2(g) suspend ed the– 2

– trial court ’ s power to appoint a n attorney pro tem without an abatement of our appellate jurisdiction

. See T EX
. R. A PP
. P. 25.2(g)

. To expedite the decision in this case, we suspend the operati on of rule
25 .2(g) to the extent it may be construed as blocking the trial court ’ s power to appoint Wilson or her designated assistant district attorney as attorney pro tem in this case. See T EX
. R. A PP
. P. 2 (permitting court of appeals to suspend a rule ’ s operat ion ); see also T EX
. C ODE C RIM
. P ROC

. A NN
. art. 2.07 (describing power to appoint attorney pro tem). We note that the district clerk ’ s website shows Wilson has fil ed tw o oath s of office in this case. We ORDER the Dallas County District Clerk to fil e , wi thin
FOURTEEN DAYS of the date of this order, a supplemental clerk ’ s re cord containing (1) the trial court ’ s order appointing Tarrant County District Attorney Sharen Wilson or her designated assistant district attorney as atto rney pro te m and (2) all oaths of of fice on file with the district clerk executed by Sh aren Wilson or any Tarrant County assis tant district attorney in this case.
Ex cept for the relief granted in this order, w e DENY appellant ’ s motion to strike and objecti ons to Wilson ’ s appointm ent.

/ s/ ROBERT D. BURNS, III CHIEF JUSTICE
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

March 17, 2006

Mr. Marshall M. Searcy Jr.

201 Main Street, Suite 2500

Fort Worth, TX 76102

Mr. Ralph H. Duggins

801 Cherry Street, Suite 2100

Fort Worth, TX 76102-6881

Mr. Walker C. Friedman

604 East 4th Street, Suite 200

Fort Worth, TX 76102

Mr. Donald H. Ray

6115 Camp Bowie Blvd., Suite 200

Fort Worth, TX 76116-5500

Mr. R. H. Wallace Jr.

777 Main Street, Suite 3800 

Fort Worth, TX 76102

Mr. Wade Caven Crosnoe

701 Brazos, Suite 1500

Austin, TX 78701

Mr. William L. Kirkman

201 Main Street, Suite 1400 

Fort Worth, TX 76102-3118

Mr. John L. Malesovas

P.O. Box 1709

Waco, TX 76703-1709

RE:Case Number:  04-0179

Court of Appeals Number:  02-03-00307-CV

Trial Court Number:  067-186659-01

Style:IN RE  NATIONAL BENEFIT ADVISORY ASSOCIATION, ET AL.

Dear Counsel:

Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally granted the petition for writ of mandamus and issued the enclosed per curiam opinion in the above-referenced cause.  The Motion for Temporary Relief is dismissed as moot.

Sincerely,

Andrew Weber, Clerk

by Claudia Jenks, Chief Deputy Clerk

Enclosure

**Case No. 04-0179Page 2**
[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Notices]
[Page 24837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12266]



=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-263, 50-282, 50-306 and 72-10]


Northern States Power Company; Notice of Transfer of Control of 
License

    Notice is hereby given that the United States Nuclear Regulatory 
Commission (Commission) is considering approval under 10 CFR 50.80 and 
10 CFR 72.50 of the transfer of control of the licenses for the 
Monticello Nuclear Generating Plant, the Prairie Island Units 1 and 2 
Nuclear Generating Plants, and the Prairie Island Independent Spent 
Fuel Storage Installation facility, held by Northern States Power 
Company (NSP). Following a series of transactions, NSP will become a 
wholly owned subsidiary of Wisconsin Energy Corporation (WEC), the 
parent company of Wisconsin Electric Power Company (WEPCO). WEC will be 
renamed Primergy Corporation (Primergy) and will own two operating 
utility subsidiaries: (1) Northern States Power Company, which will be 
reincorporated in Wisconsin and merged with a newly formed WEC/Primergy 
subsidiary, and (2) WEPCO, which will be named Wisconsin Energy 
Company. The merged NSP will continue to operate the same facilities 
above in the same locations.
    Pursuant to 10 CFR 50.80 and 10 CFR 72.50 the Commission may 
approve the transfer of control of a license, after notice to 
interested persons, upon the Commission's determination that the holder 
of the license following the transfer of control is qualified to hold 
the license and the transfer of the control is otherwise consistent 
with applicable provisions of law, regulations, and orders of the 
Commission.
    For further details with respect to this action, see the October 
20, 1995, submittal from NSP, which is available for public inspection 
at the Commission's Public Document Room, the Gelman Building, 2120 L 
Street, NW, Washington, DC, and at the local public document room 
located at the Minneapolis Public Library, Technology and Science 
Department, 300 Nicollet Mall, Minneapolis, Minnesota 55401.

    Dated at Rockville, Maryland this 9th day of May 1996.

    For the Nuclear Regulatory Commission.
Kevin A. Connaughton,
Acting Director, Project Directorate III-1, Division of Reactor 
Projects--III/IV, Office of Nuclear Reactor Regulation.
[FR Doc. 96-12266 Filed 5-15-96; 8:45 am]
BILLING CODE 7590-01-P
**Exhibit 32.2**

**CERTIFICATION PURSUANT TO**

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

**AS ADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Annual Report of DDi Corp. (the “Company”) on Form 10-K for the period endedDecember 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Sally L. Goff, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 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, thefinancial condition and results of operations of the Company. 

 

Date: February 29, 2008
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DANA FEWELL, Individually and as Successor in Interest to Weldon Patterson Fewell, deceased; et al.,

Plaintiffs-Appellants,
v. STATE OF CALIFORNIA; et al.,

Defendants-Appellees. No. 17-55536 D.C. No. 2:16-cv-01934-DSF-JEM
MEMORANDUM *

Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding Argued and Subm itted August 7, 2018 Pasadena, California Before: HAWKINS and CHRISTEN, Circuit Judges, and HOYT, * * District Judge. 

# FILED
SEP 21 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

* * The Honorable Kenneth M. Hoyt, United States District Judge for the Southern District of Texas, sitting by designation.Plaintiffs appeal the district court’s order granting defendants’ m otion for

sum m ary judgm ent. The parties are fam iliar with the facts so we do not repeat them here. We have jurisdiction under 28 U.S.C. § 1291, and we affirm
. 1. Officer Sanchez did not violate Fewell’s Fourth Am endm ent right because plaintiffs did not show that Officer Sanchez’s conduct was objectively unreasonable. See Wilkinson v. Torres , 610 F.3d 546, 551 (9th Cir. 2010). Officer Sanchez was positioned near the rearward path of the truck and could hear the engine revving at high speeds. When the truck gained traction, Officer Sanchez perceived an im m inent threat; his fear and his use of force were objectively reasonable. Therefore, Officer Sanchez is entitled to sum m ary judgm ent on plaintiffs’ Fourth Am endm ent claim
. 2. Officer Sanchez did not violate plaintiffs’ Fourteenth Am endm ent rights because plaintiffs did not show that Officer Sanchez acted with a purpose to harm unrelated to legitim ate law enforcem ent objectives. Id. at 554. The evidence does not suggest a purpose to harm , and his conduct was related to legitim ate law enforcem ent objectives of self-defense and the defense of others. Therefore, Officer Sanchez is entitled to sum m ary judgm ent on plaintiffs’ Fourteenth Am endm ent claim
.

23. Because Officer Sanchez’s conduct was reasonable under the Fourth

Am endm ent, it is also reasonable under state tort law. See B rown v. Ransweiler , 89 Cal. Rptr. 3d 801, 817 (Cal. Ct. App. 2009); Edson v. City of Anaheim , 74 Cal. Rptr. 2d 614, 616 (Cal. Ct. App. 1998). Therefore, defendants are entitled to
sum m ary judgm ent on the plaintiffs’ state tort claim s. AFFIRMED
.

3
[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Notices]
[Page 20244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11234]



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

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration


Hawaiian Islands Humpback Whale National Marine Sanctuary 
Advisory Council; Open Meeting

AGENCY: Sanctuaries and Reserves division (SRD), Office of Ocean and 
Coastal Resource Management (OCRM), National Ocean Service (NOS), 
National Oceanic and Atmospheric Administration (NOAA), Department of 
Commerce.

ACTION: Hawaiian Islands Humpback Whale National Marine Sanctuary 
Advisory Council Open Meeting.

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

SUMMARY: NOAA will conduct a meeting of the Sancturay Advisory Council 
(SAC) for the Hawaiian Islands Humpback Whale National Marine Sanctuary 
on May 8, 1996, in Honolulu, Hawaii. The SAC was established to advise 
NOAA's Sanctuaries and Reserves Division regarding the development and 
management of the Hawaiian Islands Humpback Whale National Marine 
Sanctuary. The Advisory Council was convened under the National Marine 
Sanctuaries Act.

TIME AND PLACE: Wednesday, May 8, 1996, from 9:30 AM until 4:00 PM. The 
meeting will be held at the Honolulu International Airport--Interisland 
Terminal, Ohia Room #1, 7th floor.

AGENDA: General issues related to the Hawaiian Islands Humpback Whale 
National Marine Sanctuary are expected to be discussed, including 
discussions concerning the comments received on the Sanctuary's Draft 
Environmental Impact Statement and Management Plan, the SAC Charter, an 
overview of current Sanctuary programs, and the formation of issue-
specific working groups.

PUBLIC PARTICIPATION: The meeting will be open to the public. Seats 
will be available on a first-come, first-served basis.

FOR FURTHER INFORMATION CONTACT: Allen tom (808) 879-2818 or Brady 
Phillips at (301) 713-3141, ext. 169.

(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)

    Dated: May 1, 1996.
David L. Evans,
Acting Deputy Assistant Administrator for Ocean Services and Coastal 
Zone Management.
[FR Doc. 96-11234 Filed 5-3-96; 8:45 am]
BILLING CODE 3510-08-M
#### Donald Lee YOUNG, Defendant-Movant, v. STATE of Missouri, Respondents Respondent.

No. 61147.

Missouri Court of Appeals, Eastern District, Division Two.

Nov. 17, 1992.

Judith C. LaRose, Columbia, for defendant-movant.

William L. Webster, Atty. Gen., Hugh L. Marshall, Asst. Atty. Gen., Jefferson City, for respondent-respondent.

*777ORDER

PER CURIAM.

Movant, Donald Lee Young, appeals from the denial of his Rule 27.26 motion after an evidentiary hearing. We have reviewed the record as submitted, and conclude that the trial court’s judgment is based upon findings of fact that are not clearly erroneous; no error of law appears. An extended opinion would have no prece-dential value. The judgment of the trial court is affirmed. Rule 84.16(b).
Exhibit 32.1

CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

I, Jonathan Wolfson, Chief Executive
Officer of Solazyme, Inc. (the Company), and I, Tyler W. Painter, 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 Quarterly Report on Form 10-Q of the Company for the six months ended June 30, 2011 (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 operations
of the Company for the period covered by the Report.



|                                        
|----------------------------------------
|/s/    JONATHAN
WOLFSON                 
|Jonathan Wolfson Chief Executive Officer
|                                        
|Date: August 5, 2011                    
|                                        
|/s/     TYLER W.
PAINTER                
|Tyler W. Painter Chief Financial Officer
|                                        
|Date: August 5, 2011                    

A signed original of this written statement required by Section 906 has been provided to the Company
and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.

This
certification accompanies the Report to which it relates, is not deemed filed with the SEC and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, whether made before or after the date
of the Report and irrespective of any general incorporation language contained in such filing.
EXHIBIT 99.1

                            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 Annual Report of REINK CORP. and Subsidiaries (the
Company") on Form 10-KSB for the period ending December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Wayne J. Maddever, Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of operations of the
Company.

/s/Wayne J. Maddever

Wayne J. Maddever
Chief Executive Officer
(Principal Executive Officer)
May 21, 2003
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 Annual Report of American Racing Capital, Inc. (the
"Company") on Form 10-KSB for the fiscal year ended December 31, 2005 as filed
with the 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:    August 31, 2006            By:    /s/ A. Robert  Koveleski
                                           -------------------------------------
                                    Name:  A. Robert Koveleski
                                    Title: Interim Principal Accounting 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 American Racing Capital,
Inc. and will be retained by American Racing Capital, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
Case 2:17-cv-04307-SPL   Document 1   Filed 11/27/17   Page 1 of 9

Case 2:17-cv-04307-SPL   Document 1   Filed 11/27/17   Page 2 of 9

Case 2:17-cv-04307-SPL   Document 1   Filed 11/27/17   Page 3 of 9

Case 2:17-cv-04307-SPL   Document 1   Filed 11/27/17   Page 4 of 9

Case 2:17-cv-04307-SPL   Document 1   Filed 11/27/17   Page 5 of 9

Case 2:17-cv-04307-SPL   Document 1   Filed 11/27/17   Page 6 of 9

Case 2:17-cv-04307-SPL   Document 1   Filed 11/27/17   Page 7 of 9

Case 2:17-cv-04307-SPL   Document 1   Filed 11/27/17   Page 8 of 9

Case 2:17-cv-04307-SPL   Document 1   Filed 11/27/17   Page 9 of 9
UN PUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 18

- 1388

IRIS MCCLAIN,

Plaintiff

- Appellant,

v.

WELLS FARGO BANK, N.A.; WELLS FARGO HOME MORTGAGE, “Wells Fargo”; TIMOTHY SLOAN, President & CEO of Wells Fargo Bank, NA; JP MORGAN CHASE & COMPANY; JP MORGAN CHASE BANK, N.A.; JAMES DIMON, CEO of JP Morgan Chase & Co. & JP Morgan Chase Bank, NA; BANK OF NEW YORK MELLON; GERALD HASSELL, Chairman & CEO of The Bank of New York Mellon; GOLDMAN SACHS MORTGAGE COMP ANY; GOLDMAN SACHS GROUP, INC.; LLOYD BLANKFIEN, CEO & Chairman of Goldman Sachs Mortgage Co., Goldman Sachs Group, Inc.; KRISTINE D. BROWN, Esq.; GREGORY N. BRITTO, Esq.; ROBYN A. MCQUILLEN, Esq.; WILLIAM M. SAVAGE, Esq., Managing Partner of Shapiro & Bro wn Alt, LLP; LILA Z. STITELY, Esq.,

Defendants

- Appellees,

and

WELLS FARGO COMPANY; WELLS FARGO & COMPANY, NA; GOLDMAN SACHS; SHAPIRO BROWN & ALT, LLP,

Defendants

.

Appeal from the United States District Cou rt for the District of Maryland , at Greenbelt

. Theodore D. Chuang , District Judge. ( 8:17

- cv

- 01094

- TDC )

Submitted : September 20, 2018 Decided: October 4, 20182 Before NIEMEYER and DUNCAN , Circuit Judges , and HAMILTON, Senior Circuit Judge.

Affirmed by un published per curiam opinion

.

Iris McClain, Appellant Pro Se. Virginia Wood Barnhart, WOMBLE BOND
DICKINSON (US) LLP, Baltimore, Maryland; Bryan Gales, Baltimore, Maryland

, Brett Lawrence Messinger, DUANE MORRIS, LLP, Philadelphia, Pennsy lvania, for Appellees.

Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM:

Iris McClain appeals the dis trict court’s orde r granting Defendants’ motion to

dismiss her civil complaint . We have reviewed the record and perceive no r eversible

error. Accordingly, we grant leave to proceed in forma pauperis . W ith the parties’

consent, we dismiss the A ppellees identified in the joint stipulation . W e affirm for the

reasons stated by the district court

. McClain v. Wells Far g o Bank, N.A

. , No.

8 :1 7

- cv

- 01094

- TDC ( D. Md

. Mar. 8 , 201 8 ). * We dispense with oral argument because

the facts and legal contentions are ade quately presented in the materials before this court

and argument would not aid the decisional process.

AFFIRMED

* We find no merit to McClain’s contentions on appeal that the district court was biased against her and that the court’s determinations were tainted by a mistaken view of
the facts.
Exhibit No. 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 Annual Report of United  Service  Attendants,  Inc. (the
"Company") on Form 10-KSB for the period ending  December 31, 2004 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Roger E. Pawson,  Chief  Executive 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 the  Report  fairly  presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Company.


January 16, 2005                           By: /s/Roger E. Pawson
                                               ---------------------------
                                               Roger E. Pawson
                                               Chief Executive Officer,
                                               Chief Financial Officer







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

This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and  shall not be deemed  filed by the  Company  for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

A signed  original of this written  statement  required by Section 906, or other
document authenticating, 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 the Company and will be retained
by the Company and furnished to the  Securities  and Exchange  Commission or its
staff upon request.
Form of Amendment to Non-Employee Director Stock Award Plan




 7 
  

 Exhibit 10.3. Non-Employee Director Stock Award Plan 
 Section 6. Grants of Class A Common Stock Awards of the Non-Employee Director Stock Award Plan was amended in its entirety to read as follows: 
 “Grants of Class A Common Stock. On the business day next following the date of the Annual Meeting of the Stockholders of Kelly held during each
year during which the Plan is in effect (the “Date of Grant”), each Non-employee Director who was elected at that meeting or whose term continued thereafter as a Director at such meeting shall be granted a number of shares of Class A
common stock which has a fair market value on the Date of Grant equal to 100% of the Non-employee Director’s annual retainer fee then in effect, exclusive of meeting or committee fees. Fair Market Value: means, for any given date, the closing
market price for a share of Company Stock as a Nasdaq Stock Market LLC security reported by the National Association of Securities Dealers, Inc. Automated Quotation System (“Nasdaq”) for that date (or, if no such prices are so reported for
such date, for the latest preceding date on which such sale prices were so reported). If the Fair Market Value for a given date cannot be determined by reference to Nasdaq, it shall be determined in good faith by the Committee. Fractional shares
resulting from this formula shall be rounded, up or down, to the nearest whole share. The shares granted pursuant to this Plan shall be in addition to, and not in lieu of, the Non-employee Director’s annual retainer fee, meeting fees, or other
compensation payable to each Non-employee Director as a result of his or her service on Kelly’s Board of Directors.”