alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff, 

v. 

Henry Dosveli Mejia-Perez, 

Defendant. 

No. CR-18-00062-001-TUC-RM (EJM)

ORDER 

 On May 30, 2018, Magistrate Judge Eric J. Markovich issued a Report and 

Recommendation (Doc. 42) recommending that this Court grant Defendants’ Second 

Motion to Dismiss Indictment (Doc. 25), on the grounds that Defendant is unable to 

effectively communicate in English or Spanish, and efforts to locate an interpreter who 

speaks the same dialect of Mam as Defendant have been unsuccessful. No objections to 

the Report and Recommendation were filed, and the deadline for filing objections has 

expired. 

 A district judge must “make a de novo determination of those portions” of a 

magistrate judge’s “report or specified proposed findings or recommendations to which 

objection is made.” 28 U.S.C. § 636(b)(1). The advisory committee’s notes to Rule 

72(b) of the Federal Rules of Civil Procedure state that, “[w]hen no timely objection is 

filed, the court need only satisfy itself that there is no clear error on the face of the record 

in order to accept the recommendation” of a magistrate judge. Fed. R. Civ. P. 72(b) 

advisory committee’s note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170 
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F.3d 734, 739 (7th Cir. 1999) (“If no objection or only partial objection is made, the 

district court judge reviews those unobjected portions for clear error.”); Prior v. Ryan, 

CV 10-225-TUC-RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for 

clear error unobjected-to portions of Report and Recommendation). 

 The Court has reviewed Judge Markovich’s Report and Recommendation, the 

parties’ briefs, and the record. The Court finds no error in Judge Markovich’s Report and 

Recommendation. Accordingly, 

 IT IS ORDERED that the Report and Recommendation (Doc. 42) is accepted 

and adopted in full. 

IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss (Doc. 25) is

granted. The indictment in the above-captioned case against Defendant Henry Dosveli 

Mejia-Perez is dismissed without prejudice. The trial currently scheduled for June 19, 

2018 is vacated. Defendant shall be released from all conditions of confinement. The 

Clerk of Court is directed to close this case. 

 Dated this 14th day of June, 2018.
#### STATE of Missouri, ex rel DIVISION OF FAMILY SERVICES, Joshua Wayne Wimsatt, b/n/f Lori Lynn McGee, Individually, Respondents, v. Randall C. BURNS, Appellant.

No. WD 46711.

Missouri Court of Appeals, Western District.

April 13, 1993.

Cenobio Lozano, Jr., Harrisonville, for appellant.

Jo-Ellen Horn, Independence, for respondents.

Before ULRICH, P.J., and BRECKENRIDGE and HANNA, JJ.

ORDER

PER CURIAM:

Defendant appeals from the trial court’s finding of paternity and order requiring support and reimbursement.

The judgment is affirmed. Rule 84.16(b).
#### STATE of Missouri, Respondent, v. Ozie COLLINS, Appellant. Ozie COLLINS, Movant-Appellant v. STATE of Missouri, Respondent.

Nos. 64521, 66125.

Missouri Court of Appeals, Eastern District, Division Three.

Jan. 31, 1995.

Gary E. Brotherton, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Michelle A. Freund, Asst. Atty. Gen., Jefferson City, for respondent.

Before CRANE, P.J., and CRANDALL and DOWD, JJ.

PER CURIAM.

Defendant, Ozie Collins, appeals his judgments of conviction, after a jury trial, for robbery in the first degree, armed criminal action, robbei'y in the first degree, and armed criminal action. He was sentenced as a persistent offender to imprisonment for thirty years, a consecutive term of thirty years, a consecutive term of life imprisonment, and a concurrent term of life imprisonment, respectively. No jurisprudential purpose would be served by a written opinion on defendant’s direct appeal. The judgments of conviction are affirmed. Rule 30.25(b).

Defendant also appeals from the denial of his Rule 29.15 motion without an evidentiary hearing. In his second point on appeal, defendant asserts he was effectively abandoned by his post-conviction counsel because counsel failed to timely file a verified amended Rule 29.15 motion for posteonviction relief, a point conceded by the State. Defendant’s Rule 29.15 motion is remanded for the limited purpose of determining why counsel failed to file a timely verified amended motion. *See Sanders v. State,*807 S.W.2d 493, 495 (Mo. banc 1991); *Luleff v. State,*807 S.W.2d 495, 498 (Mo. banc 1991).

Defendant’s sixth point on appeal alleges ineffective assistance of counsel due to counsel’s failure to object to the admission of certain evidence. No error of law appears. A written opinion on this point would have no precedential value. Defendant’s point is denied. Rule 84.16(b).

Defendant’s judgments of conviction are affirmed. Defendant’s Rule 29.15 motion is remanded to the motion court for the limited purpose of determining why counsel did not file a timely verified amended motion.
#### Robert E. HUPFELD and Patricia Hupfeld, Respondents-Plaintiffs. v. Wayne PINNON, Appellant-Defendant,

No. 64633.

Missouri Court of Appeals, Eastern District, Division Five.

June 28, 1994.

Stephen H. Gilmore PC, Clayton, for appellant.

Lee Gary Kline, Clayton, for respondents.

Before GARY M. GAERTNER, C.J., and PUDLOWSKI and SIMON, JJ.

*ORDER*

PER CURIAM.

Appellant, Wayne Pinnon, appeals from the August 6, 1993, order of the Circuit Court of St. Louis County granting summary judgment in favor of respondents, Robert E. and Patricia Hupfeld. We affirm.

We have reviewed the briefs and arguments of the parties, as well as the transcript and the legal file, and find no clear error in the findings of fact and conclusions of law of the trial court. In addition, we find that no jurisprudential purpose would be served by a written opinion. We, therefore, affirm the judgment of the trial court pursuant to Rule 84.16(b). The parties have been provided with a memorandum, solely for their own information, setting forth the reasons for our decision.
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 annual report of City Language Exchange, Inc. (the
"Company") on Form 10-QSB for the quarter ending March 31, 2007, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Jonny White, Chief Executive Officer and Chief Financial Officer of the Company,
certify to the best of my knowledge, 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 result of operations of the
Company.

A signed original of this written statement required by Section 906, another
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.


/s/ Jonny White
-------------------------------------
Jonny White
Chief Executive Officer
Chief Financial Officer

April 27, 2007


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WO

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Robert William Leighton,

Petitioner, 

v. 

Charles L Ryan, et al., 

Respondents.

No. CV-18-00058-TUC-JGZ (LAB)

ORDER 

 Pending before the Court is Petitioner’s Motion for Certificate of Appealability 

(Doc. 24). For the following reasons, the Court will deny Petitioner’s Motion. 

 By order dated November 13, 2018, the Court adopted in part Magistrate Judge 

Bowman’s Report and Recommendation dismissing the Petition as untimely. (Doc. 20 at 

2.) The Court did not address the alternative grounds for dismissal. (Id.) The Court did 

deny a certificate of appealability. (Id. at 3–4.) 

 Petitioner requests a certificate of appealability with regard to the Magistrate 

Judge’s alternative findings. Petitioner asserts that “[t]he United States District Court 

Judge accepted the Report and Recommendation of the Magistrate without comment and 

offered no further substantive analysis of the petition.” (Doc. 24 at 2.) The Court will 

deny the Motion. Because this Court agreed with the Magistrate Judge that the Petition 

was untimely filed, it was not necessary to address the merits of the untimely petition as 

those issues were moot. (See Doc. 20 at 2.) Further, the Court previously addressed and 
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denied issuance of a certificate of appealability with regard to its ruling on timeliness. 

Accordingly, 

IT IS ORDERED that Petitioner’s Motion for Certificate of Appealability is 

DENIED as moot. 

 Dated this 4th day of January, 2019.
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Stephen Mitchell Baquet Family Trust,

Plaintiff, 

v. 

Bayview Loan Services LLC, et al., 

Defendants. 

No. CV-17-00617-TUC-DCB

ORDER 

 On July 13, 2018, the Court dismissed this case based on res judicata and claim 

preclusion concerns. It also noted that Plaintiff, a trust, may not appear pro se. On July 

16, 2018, the Plaintiff, again appearing pro se, filed a Motion to Vacate the Court’s 

Judgment and Leave to Amend. (Doc. 32.) As this Court noted when it dismissed the 

case, no amendment could cure the deficiencies of the Complaint. (Order (Doc. 31) at 9.) 

The Plaintiff appears confused by two things: 1) the appealability of the Order and 2) 

whether it applied to the entire complaint. 

 The Court’s reference to dismissal of the action is synonymous to dismissal of the 

complaint. This action, the Plaintiff’s entire case as alleged in the Complaint, was 

dismissed. Confusion may have been created by the Court’s failure to order entry of a 

Judgment. It does so now, which will afford the Plaintiff an opportunity to file an appeal 

within 30 days of the entry of Judgment. Fed.R.App.P.4(a)(1)(A). 

Accordingly, 
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 IT IS ORDERED that the Motion to Vacate and for Leave to Amend (Doc. 32) is 

DENEID.

IT IS FURTHER ORDERED that pursuant to the Order (Doc. 31), the Clerk of 

the Court shall enter Judgment against Plaintiff. 

 Dated this 18th day of October, 2018.
---

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

The undersigned, Joe Loeppky, hereby certifies, 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 Search By Headlines.com Corp. for the
quarterly period ended October 31, 2008 (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 Search By
Headlines.com Corp.

Dated: December 10, 2008



/s/ Joe Loeppky Joe Loeppky President,
Secretary, Treasurer and Director (Principal Executive Officer, Principal
Financial Officer and Principal Accounting Officer)







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 Search By
Headlines.com Corp. and will be retained by Search By Headlines.com Corp. and
furnished to the Securities and Exchange Commission or its staff upon
request.

---
EXHIBIT 32.2


                           SECTION 1350 CERTIFICATION


     In connection  with the Annual Report of Xinhua China LTD. (the  "Company")
on Form 10-K for the period  ending June 30,  2007 as filed with the  Securities
and Exchange  Commission on the date hereof (the  "Report"),  I, Xianping  Wang,
Acting as Interim 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, 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; 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: October 15, 2007



                                        By: /s/ XIANPING WANG
                                            _____________________________
                                                Xianping Wang
                                                Acting as Interim Chief
                                                Financial Officer
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Lisa Counters, 016436

4506 N 12th Street

Phoenix, AZ 85014-4246

Voice: (602) 266-2667

Fax: (602) 266-0141

Lisa@SchiffmanLaw.com

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT

IN AND FOR THE DISTRICT OF ARIZONA

David Carroll,

Plaintiff,

vs.

Metropolitan Life Insurance Company; 

Long Term Disability Plan for Non- Excluded Employees of Honeywell 

International, Inc.

Defendants.

No. 18-cv-00632-PHX-GMS

STIPULATION TO DISMISS WITH 

PREJUDICE

The parties hereby stipulate that the Court may dismiss this matter with prejudice, 

each party to bear its own attorneys’ fees and costs.

Dated this 6th day of May 2019.

SCHIFFMAN LAW OFFICE, P.C.

By: /s/ Lisa J. Counters

Lisa J. Counters

Attorneys for Plaintiff, David Carroll

Case 2:18-cv-00632-GMS Document 27 Filed 05/06/19 Page 1 of 2
SCHIFFMAN

LAW 

OFFICE, P.C.

4506 N. 12 T H STREET

PHOENIX, AZ 85014 ♦ (602) 266-2667

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OGLETREE, DEAKINS, NASH, SMOAK & 

STEWART, P.C.

By: /s/ Jim Mackie

Jim Mackie

Attorneys for Defendants Metropolitan Life Insurance 

Company and Long Term Disability Plan for NonExcluded Employees of Honeywell International, Inc.

Case 2:18-cv-00632-GMS Document 27 Filed 05/06/19 Page 2 of 2
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 Annual Report of iVoice, Inc. (the "Company") on Form 10-K
for the year ended December 31, 2008 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Jerome R. Mahoney, 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 result of operations of the
      Company.








Date:
April 15, 2009











/s/ Jerome R.
Mahoney


Jerome R.
Mahoney


Chief
Executive Officer


Chief
Financial Officer
### IN THE NINTH COURT OF APPEALS

_____________________ _____ 09

- 16

- 00176

- CV

__________________________

_________________________________________________________________ On Appeal from the 418th District Court of M ontgomery County, Texas Trial Cause No. 10

- 04

- 03546

- CV

_________________________________________________________________ JUDGMENT
THE NINTH COURT OF APPEALS, having considered this cause on appeal, concludes that the judgment of the trial court should be affirmed. IT IS THEREFORE ORDERED, in accordance with the Court’s opinion, that the judgment of the trial court is affirmed. All costs of the appeal are assessed against the appellant. Opinion of the Court delivered by Justice Charles Kreger

Decembe r 14, 2017
AFFIRMED

********** Copies of this judgment and the Court’s opinion are certified for observance.

Carol Anne Harley Clerk of the Court In the Interest of A.G.B. and L.A.B.
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 Cytta Corp. (the "Company") on Form
10-Q for the quarter ended  December 31, 2010 as filed with the  Securities  and
Exchange Commission on the date hereof (the "Report"),  I, Gary Campbell,  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.

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.


/s/ Gary Campbell
----------------------------------
Name:  Gary Campbell
Title: Chief Financial Officer
Date:  February 18, 2011
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





Pursuant to Section 906 of the Corporate Fraud Accountability Act of 2002 (18 U.S.C. Section 1350, as adopted), Louis Vucci, Jr., President (Principal Executive Officer) of Diamond Ranch Foods, Ltd. (the "Company"), hereby certifies that, to the best of his knowledge:



1. the Quarterly Report on Form 10-Q of the Company for the quarter ended
December 31, 2009 (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 results of operations of the Company.



|                         |                                                                              
|------------------------ | -----------------------------------------------------------------------------
|Dated: February 17, 2010 | /s/ Louis Vucci, Jr.
Louis Vucci, Jr.
President (Principal Executive Officer)
|                         |                                                                              



---



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



Pursuant to Section 906 of the Corporate Fraud Accountability Act of 2002 (18 U.S.C. Section 1350, as adopted), Louis Vucci, Jr., Chief Financial Officer of Diamond Ranch Foods, Ltd  (the "Company"), hereby certifies that, to the best of his knowledge:



1. the Quarterly Report on Form 10-Q of the Company for the quarter ended
December 31, 2009 (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 results of operations of the Company.



|                         |                                                                                               
|------------------------ | ----------------------------------------------------------------------------------------------
|Dated: February 17, 2010 | /s/ Louis Vucci, Jr.
  Louis Vucci, Jr.
Chief Financial Officer (Principal Accounting Officer)

---
Exhibit
        No. 32.1
 Form
        10-QSB
 Signet
        International Holdings, Inc.
 File
        No.
        000-51185
 
 
 Certification
        Pursuant to 18 U.S.C. 1350,
 as
        adopted Pursuant to Section 906
 of
        the
        Sarbanes-Oxley Act of 2002
  
 In
        connection with the amended Quarterly
        Report of Signet International Holdings, Inc. (Company) on Form 10-QSB for
        the
        period ended September 30, 2006, as filed with the Securities and Exchange
        Commission on the date hereof (Report), I, Ernest W. Letiziano, Chief Executive
        Officer and Chief Accounting Officer of the Company, certify, pursuant to
        18
        U.S.C. Section 1350, adopted as pursuant to Section 906 of the Sarbanes-Oxley
        Act of 2002, that:
  1.
                Such
                    Quarterly Report on Form 10-QSB for the period ending September
                    30, 2006, fully complies with the requirements of section 13(a)
                    or 15(d)
                    of the Securities Exchange Act of 1934; and2.
                The
                    information contained in such Quarterly Report on Form 10-QSB
                    for
                    the period ending September 30, 2006, fairly presents, in all
                    material respects, the financial condition and results of operations
                    of
                    Signet International Holdings,
                    Inc.
 Date: January
          16, 2007
  By:
            */s/ Ernest W. Letiziano*
 Ernest
            W.
            Letiziano
 Chief
            Executive Officer and
 Chief
            Financial Officer
  A
          signed
          original of this written statement required by Section 906 has been provided
          to
          Signet International Holdings, Inc. and will be retained by Signet International
          Holdings, Inc. and furnished to the Securities and Exchange Commission
          or its
          staff upon request.