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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21-7716

LINWOOD WHITEHEAD,

Plaintiff - Appellant,

v.

MS. ROOKS, Correction Officer,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Norfolk. Raymond A. Jackson, District Judge. (2:19-cv-00326-RAJ-RJK)

Submitted: March 29, 2022 Decided: April 1, 2022

Before HARRIS, QUATTLEBAUM, and HEYTENS, Circuit Judges.

Remanded by unpublished per curiam opinion.

Linwood Whitehead, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 21-7716 Doc: 9 Filed: 04/01/2022 Pg: 1 of 2
2

PER CURIAM:

Linwood Whitehead seeks to appeal the district court’s order dismissing without 

prejudice his 42 U.S.C. § 1983 action for failure to prosecute. In civil cases, parties have 

30 days after the entry of the district court’s final judgment to note an appeal, Fed. R. App. 

P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R. App. P. 

4(a)(5), or reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely filing of 

a notice of appeal in a civil case is a jurisdictional requirement.” Bowles v. Russell, 551 

U.S. 205, 214 (2007). The district court’s order was entered on July 27, 2021. Whitehead 

filed his notice of appeal on December 10, 2021. Therefore, Whitehead’s notice of appeal 

is untimely.

However, under Rule 4(a)(6), the district court may reopen the time to file an appeal 

on a party’s motion if: (1) the moving party did not receive notice of entry of judgment 

within 21 days after entry; (2) the motion is filed within 180 days of entry or within 14 

days after the moving party receives notice from the court, whichever is earlier; and (3) no 

party would be prejudiced. In his notice of appeal, Whitehead indicated his desire to appeal 

and stated that he had not received the district court’s final order until a few days before 

filing his notice of appeal. We construe the notice of appeal as a motion to reopen the 

appeal period under Rule 4(a)(6). Accordingly, we remand this case to the district court 

for the limited purpose of determining whether Whitehead is entitled to a reopening of the 

appeal period. The record, as supplemented, will then be returned to this court for further 

proceedings.

REMANDED

USCA4 Appeal: 21-7716 Doc: 9 Filed: 04/01/2022 Pg: 2 of 2
EXHIBIT 32.1


                           SECTION 1350 CERTIFICATION


In  connection  with  the  Quarterly  Report  of  School4Chauffeurs,  Inc.  (the
"Company") on Form 10-Q for the quarter  ending March 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jeffery
E. Jones, President 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: May 12, 2009



                                        By: /s/ JEFFERY E. JONES
                                            ___________________________
                                                Jeffery E. Jones
                                                President
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff, CASE NO: 09-20023-02

v. DISTRICT JUDGE THOMAS L. LUDINGTON

MAGISTRATE JUDGE CHARLES E. BINDER

MAURICE EUGENE WATKINS,

Defendant.

/

MAGISTRATE JUDGE’S REPORT, FINDINGS AND 

RECOMMENDATION CONCERNING PLEA OF GUILTY

I. REPORT AND FINDINGS

On August 20, 2009, the case was referred to the undersigned Magistrate Judge pursuant

to 28 U.S.C. §§ 636(b)(1(B) and 636(b)(3) for purposes of receiving, on consent of the parties,

Defendant’s offer of a plea of guilty. The Defendant, along with counsel, appeared before me

on August 24, 2009. In open court I examined the Defendant under oath, confirmed the

Defendant’s consent, and then advised and questioned the Defendant regarding each of the

inquiries prescribed by Rule 11(b) of the FEDERAL RULES OF CRIMINAL PROCEDURE. Based

upon the Defendant’s answers and demeanor, I HEREBY FIND 1) that the Defendant is

competent to tender a plea, 2) that Defendant’s plea was knowingly, intelligently made, and 3)

that the offense(s) to which he pled are supported by an independent basis in fact containing

each of the essential elements of the offense to which he pled. Therefore, I have ordered the

preparation of a presentence investigation report.

1:09-cr-20023-TLL-PTM Doc # 89 Filed 08/25/09 Pg 1 of 2 Pg ID 279
II. RECOMMENDATION

For the reasons set forth above, IT IS RECOMMENDED that subject to the Court’s

consideration of the plea agreement pursuant to Rule 11(c) of the FEDERAL RULES OF

CRIMINAL PROCEDURE, the Defendant be adjudged guilty and have sentence imposed.

III. REVIEW

The parties to this action may object to and seek review of this Report and

Recommendation within ten (10) days of service of a copy hereof as provided for in 28 U.S.C.

§ 636(b)(1). Failure to file specific objections constitutes a waiver of any further right of

appeal. Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466, 88 L. Ed.2d 435 (1985); Frontier Ins.

Co. v. Blaty, 454 F.3d 590, 596 (6th Cir. 2006); United States v. Sullivan, 431 F.3d 976, 984

(6th Cir. 2005). The parties are advised that making some objections, but failing to raise

others, will not preserve all the objections a party may have to this Report and

Recommendation. McClanahan v. Comm’r of Social Security, 474 F.3d 830, 837 (6th Cir.

2006); Frontier Ins. Co., 454 F.3d at 596-97. Pursuant to E.D. Mich. LR 72.1(d)(2), a copy of

any objections is to be served upon this Magistrate Judge.

 s/ Charles` E Binder 

CHARLES E. BINDER 

Dated: August 25, 2009 United States Magistrate Judge

CERTIFICATION

I hereby certify that this Report and Recommendation was electronically filed this date,

electronically served on Janet Parker and David Koelzer, served on the Probation

Department by other electronic means, and served on District Judge Ludington in the

traditional manner.

Date: August 25, 2009 By s/Jean L. Broucek 

Case Manager to Magistrate Judge Binder

1:09-cr-20023-TLL-PTM Doc # 89 Filed 08/25/09 Pg 2 of 2 Pg ID 280
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 1 of 20 Pg ID 420
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 2 of 20 Pg ID 421
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 3 of 20 Pg ID 422
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 4 of 20 Pg ID 423
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 5 of 20 Pg ID 424
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 6 of 20 Pg ID 425
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 7 of 20 Pg ID 426
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 8 of 20 Pg ID 427
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 9 of 20 Pg ID 428
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 10 of 20 Pg ID 429
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 11 of 20 Pg ID 430
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 12 of 20 Pg ID 431
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 13 of 20 Pg ID 432
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 14 of 20 Pg ID 433
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 15 of 20 Pg ID 434
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 16 of 20 Pg ID 435
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 17 of 20 Pg ID 436
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 18 of 20 Pg ID 437
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 19 of 20 Pg ID 438
2:08-cv-14603-PDB-DAS Doc # 12 Filed 12/12/11 Pg 20 of 20 Pg ID 439
#### Maceo and Anna M. McPHERSON, Claimants/Appellants, v. ST. LOUIS REGIONAL MEDICAL CENTER, Employer/Respondent.

No. 66171.

Missouri Court of Appeals, Eastern District, Division One.

Nov. 15, 1994.

Leroy Crouther, Jr., St. Louis, for appellants.

Robert N. Hendershot, St. Louis, for respondent.

Before REINHARD, P.J., and GARY M. GAERTNER and CRAHAN, JJ.

*ORDER*

PER CURIAM.

Claimants appeal an award of the Labor and Industrial Relations Commission denying their claim for death benefits as partial dependents of their deceased son, who was killed in the course of his employment.1 We affirm.

Claimants’ sole contention on appeal is that the Commission applied an incorrect legal standard in determining whether they were partial dependents of the decedent within the meaning of § 287.240 RSMo Cum.Supp.1993. We have reviewed the record, the Commission’s award and the briefs of the parties and find that the Commission’s award is consistent with the applicable legal standard and is supported by competent and substantial evidence. An extended opinion would have no precedential value. The parties have been furnished with a memorandum opinion for their information only setting forth the rea*755sons for this order affirming the award pursuant to Rule 84.16(b).

1

. Employer/insurer was directed to pay $5,000 in funeral expenses, an award which is not challenged on appeal.
United States Court of Appeals 

for the Fifth Circuit ____________ 

No. 22-40382 

Summary Calendar 

____________ 

United States of America, 

Plaintiff—Appellee, 

versus

Carlos Alberto Maradiaga-Larios, 

Defendant—Appellant.

______________________________ 

Appeal from the United States District Court 

for the Southern District of Texas 

USDC No. 2:22-CR-51-1 

______________________________ 

Before Higginbotham, Graves, and Ho, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Carlos Alberto 

Maradiaga-Larios has moved for leave to withdraw and has filed a brief in 

accordance with Anders v. California, 386 U.S. 738 (1967), and United States 

v. Flores, 632 F.3d 229 (5th Cir. 2011). Maradiaga-Larios has not filed a 

response. We have reviewed counsel’s brief and the relevant portions of the 

record reflected therein. We concur with counsel’s assessment that the 

_____________________ 

*

 This opinion is not designated for publication. See 5th Cir. R. 47.5. 

United States Court of Appeals 

Fifth Circuit 

FILED 

January 11, 2023 

Lyle W. Cayce 

Clerk 

Case: 22-40382 Document: 00516607362 Page: 1 Date Filed: 01/11/2023
No. 22-40382 

2 

appeal presents no nonfrivolous issue for appellate review. Accordingly, 

counsel’s motion for leave to withdraw is GRANTED, counsel is excused 

from further responsibilities herein, and the appeal is DISMISSED. See

5th Cir. R. 42.2. 

Case: 22-40382 Document: 00516607362 Page: 2 Date Filed: 01/11/2023
{00005818;v1 }

INDEX OF EXHIBITS

Exhibit 1 Weidinger Deposition Transcript

Exhibit 2 Confidential: Braintech and Shafi: Joint 

Venture

Exhibit 3 Weidinger 5/12/08 Email

Exhibit 4 Weidinger 5/12/08 (2) Email

Exhibit 5 Weidinger 5/28/08 Email

Exhibit 6 Access & Acceleration

Exhibit 7 Side Letter, 8/12/08

Exhibit 8 Expected Debt Payments

Exhibit 9 8/2/08 Composite Email

Exhibit 10 Shafi 10/16/08 Email

Exhibit 11 Shafi 5/16/08 Email

Exhibit 12 Shafi 7/27/08 Email

Case 2:09-cv-10454-VAR-VMM Document 77-1 Filed 12/23/10 Page 1 of 1
Exhibit 31.1
 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
PURSUANT TO EXCHANGE ACT RULES 13a-14(a) AND 15(d) -14(a), AS ADOPTED
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of ShoreTel, Inc.;
 2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material 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 misleading with respect to the period
covered by this report;
 3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;
 4.
    
    The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the registrant and have:
 a.
    
    Designed such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material information relating to
the registrant, including its consolidated subsidiaries, is made known to us by others within
those entities, particularly during the period in which this report is being prepared;b.
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls and
procedures, as of the end of the period covered by this report based on such evaluation; andc.
    
    Disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants first fiscal quarter that has materially
affected, or is reasonably likely to materially affect, the registrants internal control over
financial reporting; and
 5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
 a.
    
    All significant deficiencies and material weaknesses in the design or operation of internal
control over financial reporting which are reasonably likely to adversely affect the registrants
ability to record, process, summarize and report financial information; andb.
    
    Any fraud, whether or not material, that involves management or other employees who have a
significant role in the registrants internal control over financial reporting.
 Date: May 13, 2008
    /s/ John W. CombsJohn W. CombsChairman, President and Chief Executive Officer
(Principal Executive Officer)
EXHIBIT 31.1
CERTIFICATIONS
I, Andrew B. Shearer, certify that:
1.  I have reviewed this report on Form 10-K of Industrial Distribution Group, Inc.; 2.  Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3.  Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, resultsof operations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4.  The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:
 a)  designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;  b)  evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  c)  disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarterthat has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
5.  The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of registrant’s board of directors (or persons performing the equivalentfunctions):
 a)  all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and  b)  any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.        Date: March 11, 2005 /s/ Andrew B. Shearer   Andrew B. Shearer   President and Chief Executive Officer
[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Notices]
[Page 36089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17384]


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

DEPARTMENT OF LABOR
[TA-W-32,273]


Stevenson Manufacturing, Stevenson, AL: Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, an investigation 
was initiated on April 29, 1996 in response to a worker petition which 
was filed April 16, 1996 on behalf of workers at Stevenson 
Manufacturing, Stevenson, Alabama (TA-W-32,273).
    The petitioning group of workers are covered under an existing 
Trade Adjustment Assistance certification (TA-W-31, 500C). 
Consequently, further investigation in this case would service no 
purpose, and the investigation has been terminated.

    Signed at Washington, D.C., this 27th day of June 1996.
Linda G. Poole,
Acting Program Manager, Policy and Reemployment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 96-17384 Filed 7-8-96; 8:45 am]
BILLING CODE 4510-30-M
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       1,831,000
<SECURITIES>                                 8,373,000
<RECEIVABLES>                                  840,000
<ALLOWANCES>                                         0
<INVENTORY>                                  1,173,000
<CURRENT-ASSETS>                             9,616,000
<PP&E>                                       1,715,000
<DEPRECIATION>                                 926,000
<TOTAL-ASSETS>                              13,458,000
<CURRENT-LIABILITIES>                        2,496,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        11,000
<OTHER-SE>                                  10,409,000
<TOTAL-LIABILITY-AND-EQUITY>                13,458,000
<SALES>                                      4,436,000
<TOTAL-REVENUES>                             4,436,000
<CGS>                                        2,487,000
<TOTAL-COSTS>                               13,267,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              35,000
<INCOME-PRETAX>                            (8,237,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (8,237,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (8,237,000)
<EPS-PRIMARY>                                   (0.91)
<EPS-DILUTED>                                   (0.91)
        

</TABLE>
**EXHIBIT
32.1**
 
 **CERTIFICATION
PURSUANT TO**
 **18
U.S.C. SECTION 1350,**
 **AS
ADOPTED PURSUANT TO**
 **SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002**
 
 
 I,
Vincent T. Donnelly, President and Chief Executive Officer of PMA Capital
Corporation, do hereby certify, to the best of my knowledge, that, pursuant to
18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of
2002, the information contained in the Annual Report of PMA Capital Corporation
on Form 10-K for the year ended December 31, 2004, filed with the Securities and
Exchange Commission, fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and the information contained in
such report fairly presents, in all material respects, the financial condition
and results of operations of PMA Capital Corporation. 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/ Vincent
      T. DonnellyVincent
      T. DonnellyPresident
      and Chief Executive OfficerMarch
      16, 2005
MIE 400 Notice of Motion Hearing Rev. 3/98)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

Braintech, Inc.,

Plaintiff/Counter-Defendant

v.

Adil Shafi,,

Defendant/Counter Plaintiff/

Third Party Plaintiff.

v.

Frederick Weidinger,

Third Party Defendant.

 /

CASE NUMBER: 09-10454

HON. VICTORIA A. ROBERTS

NOTICE OF MOTION HEARING

You are hereby notified to appear before the Honorable Victoria A. Roberts, United States

District Judge for the above proceeding on MONDAY, APRIL 5, 2009 AT 9:00 A.M., in Room 110,

Theodore Levin U.S. Courthouse, 231 W. Lafayette, Detroit, Michigan 48226. The following

motion(s) are scheduled for hearing:

! Pepper Hamilton’s Motion to Withdraw as Counsel of Record for Braintech, Inc. and

Frederick Weidinger, filed 3/8/10. 

Frederick Weidinger is ordered to appear at the hearing. If Mr. Weidinger is not the

representative who has full and final decision making authority for Braintech, Inc., the person who

has full and final authority, must also appear.

_______________________________________________________________________

CERTIFICATE OF MAILING

I certify that a copy of this notice was mailed to all counsel of record on this date March 17, 2010 by

electronic filing.

Date: March 17, 2010 /s/ Linda Vertriest

Deputy Clerk (313) 234-5230

Case 2:09-cv-10454-VAR-VMM Document 28 Filed 03/17/10 Page 1 of 1
EXHIBIT 32.1  CERTIFICATION OF PERIODIC REPORT Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 18 U.S.C. Section 1350  In connection with the transition report of Tara Minerals Corp. (the Company) on Form 10-Q for the transition period from November 1, 2008 through December 31 2008 as filed with the Securities Exchange Commission on the date hereof (the Report), we, Francis Richard Biscan, the Principal Executive Officer of the Company, and Clifford A. Brown, the Principal Financial Officer of the Company, certify pursuant to 18 U.S.C. Sec. 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 operation of the company.   Date:   March 17, 2009 /s/ Francis Richard Biscan Francis Richard Biscan, Principal Executive Officer   Date:   March 17, 2009 /s/ Clifford A. Brown Clifford A. Brown, Principal Financial Officer