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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-6782

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ROBERT PRICE, JR., a/k/a Rocky,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. Samuel G. Wilson, Chief District

Judge. (CR-97-119, CA-00-422-7)

Submitted: July 18, 2002 Decided: July 25, 2002

Before WIDENER, LUTTIG, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert Price, Jr., Appellant Pro Se. Thomas Linn Eckert, Assistant

United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Robert Price, Jr., seeks to appeal the district court’s orders

(1) denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.

2001); and (2) denying his post-judgment motion to amend. We have

reviewed the record and the district court’s opinion and orders and

find no reversible error. Accordingly, we deny a certificate of

appealability and dismiss the appeal on the reasoning of the

district court. See United States v. Price, Nos. CR-97-119; CA-00-

422-7 (W.D. Va. Jan. 31, 2002 & Apr. 5, 2002). We dispense with

oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

DISMISSED
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from
Morgan Stanley Dean Witter Charter DWFCM L.P. and is qualified in
its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                  12-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               DEC-31-2000
<CASH>                                      34,507,098
<SECURITIES>                                         0
<RECEIVABLES>                                  376,273<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              38,755,372<F2>
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                38,755,372<F3>
<SALES>                                              0
<TOTAL-REVENUES>                            10,529,366<F4>
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             3,159,421
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              7,369,945
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          7,369,945
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 7,369,945
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>Receivables include subscriptions receivable of $193,359 and interest
receivable of $182,914.
<F2>In addition to cash and receivables, total assets include net
unrealized gain on open contracts of $3,872,001.
<F3>Liabilities include redemptions payable of $930,780, accrued
management fees of $52,692, accrued incentive fees of $205,168 and
accrued brokerage fees of $184,421.
<F4>Total revenue includes realized trading revenue of $5,655,002,
net change in unrealized of $3,263,304 and interest income of
$1,611,060.
</FN>



</TABLE>
EXHIBIT 32.1

                            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 Quarterly Report of AMERICAN EXPLORATION CORPORATION (the
"Company")  on Form 10-Q for the period ended  September 30, 2008, as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Manmohan Minhas, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C.  1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2002, that:

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

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


                                      /s/ Manmohan Minhas
                                      ------------------------------------------
Date: October 27, 2008                Manmohan Minhas
                                      President and Chief Executive Officer
                                      Principal Executive Officer
EXHIBIT 10.106

MODUSLINK GLOBAL SOLUTIONS, INC.

FISCAL 2011

EXECUTIVE OFFICER

BONUS TARGETS

EXECUTIVE OFFICERS

The executive officers of the Company serve at the discretion of the Board of Directors. On September 22, 2010, the Human Resources
and Compensation Committee of the Board of Directors of the Company approved the bonus targets, as a percentage of base salary, for fiscal year 2011 for the executive officers named in the table below:



|                    |  |                                  |  
|------------------- |  | -------------------------------- | -
|Name                |  | Target Bonus(as % ofbase salary) |  
|Joseph C. Lawler    |  | 125                              | %
|Steven G. Crane     |  | 70                               | %
|Peter L. Gray       |  | 60                               | %
|William R. McLennan |  | 80                               | %
|David J. Riley      |  | 50                               | %
Summary Translation	Exhibit 4.61


 


 Accounts Receivable
Confirmation


 


Contract No.: ABC(2012)1011-6
2013082904


 


 


Pledgor : Shijie Kaiyuan Auto Trade Co., Ltd


 


Pledgee
: Agricultural Bank of China, Shijiazhuang North City Branch


 


Signing Date :August 29, 2013


 


Pledge Definition :   To ensure multiple loans Party
B (Pledgee) has lent to Shijie Kaiyuan Auto Trade Co., Ltd., Party A (Pledgor) is willing to provide Accounts Receivable hereunder
for Party B.


 


Maximum Amount: RMB111,191,970


 


Pledge Term
: From August 29, 2013 to February14,2014


 


Collateral: The assets Party A pledges to Party B as Collateral
are listed in Accounts Receivable List (No. ABC(2012)1011-7 2013082905). The appraised value of the Collateral is RMB 111,191,970.
| (1)   | the                Quarterly Report on Form 10-QSB of Innovative Consumer Products,                Inc. for                the quarter ended October 31, 2007 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 Quarterly Report on Form 10-QSB for                the                quarter ended October 31, 2007, fairly presents in all material respects,                the financial condition and results of operations of Innovative Consumer                Products, Inc.. |
|-----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/                  Dawn Marie Hughes                                                              |
|--------|-----------------------------------------------------------------------------------------------------|
|   |                                                                                                |
| Name:  | Dawn                Marie Hughes                                                                    |
|   |                                                                                                |
| Title: | Principal                Executive Officer, Principal                Financial Officer and Director |
|   |                                                                                                |
| Date:  | December                20, 2007                                                                    |
#### METROPOLITAN NEWSCLIPS SERVICE, INC., Appellant, v. DIRECTOR OF REVENUE, Respondent.

No. 50603.

Missouri Court of Appeals, Western District.

Dec. 5, 1995.

*849J. Richard McEachern, Weier, Hocken-smith & Sherby, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Gretchen Garrison, Asst. Atty. Gen., Jefferson City, for respondent.

Before SPINDEN, P.J., and BRECKENRIDGE and SMART, JJ.

*ORDER*

PER CURIAM:

Appeal from a denial of litigation expenses claimed under § 136.315, RSMo 1994.

Affirmed. Rule 84.16(b).
Exhibit 23.1

CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements (Form S-3, No. 333-109331, Form S-3, No. 109335,
Form S-3, No. 333-88606, Form S-3, No. 333-03205, Form S-3, No. 333-13363, Form S-3, No 333-64616, Form S-3, No. 333-65412,
Form S-3, No. 333-03596, Form S-8, No. 333-35853, Form S-8, No. 333-81863, and Form S-8, No. 333-81865) of The Mills Corporation and in the
related Prospectuses, of our report dated February 16, 2004, with respect to the consolidated financial statements and schedule of The Mills Corporation included in the Annual Report
(Form 10-K) for the year ended December 31, 2003.



McLean,
Virginia
March 12, 2004

---

QuickLinks
Fialka-Feldman v. Oakland University Board of Trustees Doc. 49 Att. 11

Dockets.Justia.com
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 Premier Power Renewable Energy, Inc., (the “Company”) on Form 10-Q for the quarter ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Frank J. Sansone, Chief Financial Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:





(1) The Report fully complies with the requirements of section 13(a) or 15(d), as applicable, 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 result of operations of the Company at the dates and for the periods indicated.





/s/ Frank J. SansoneFrank J. Sansone

Chief Financial Officer

May 16, 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.]
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

LAWRENCE ROY DUCKETT,

Petitioner,

Case Number 08-14852-BC

v. Honorable Thomas L. Ludington

CAROL HOWES,

Respondent.

/

JUDGMENT

The above-entitled matter having come before the Court on a Petition for a Writ of Habeas

Corpus, and in accordance with the Opinion and Order entered on this date;

It is ORDERED AND ADJUDGED that the Petition for a Writ of Habeas Corpus is

DENIED WITH PREJUDICE.

It is further ORDERED AND ADJUDGED that judgment is granted in favor of Respondent

and against Petitioner. 

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: March 21, 2011

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney of record herein by electronic means and on Lawrence

Duckett, #234843 at Florence Crane Correctional Facility, 38 Fourth

Street, Coldwater, MI 49036 by first class U.S. mail on March 21, 2011.

s/Tracy A. Jacobs 

TRACY A. JACOBS

1:08-cv-14852-TLL-CEB Doc # 12 Filed 03/21/11 Pg 1 of 1 Pg ID 728
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUAN CARLOS DIAZ,

Petitioner,

 v.

LORETTA E. LYNCH, Attorney General,

Respondent.

No. 14-70907

Agency No. A092-503-875

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted August 16, 2016**

Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.

Juan Carlos Diaz, a native and citizen of Guatemala, petitions for review of 

the Board of Immigration Appeals’ order dismissing his appeal from an 

immigration judge’s decision denying his application for deferral of removal under 

the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2). Thus, we deny Diaz’s 

request for oral argument.

FILED

AUG 24 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 2 14-70907 

§ 1252. We review for substantial evidence the agency’s factual findings, Silaya 

v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), and we deny the petition for 

review.

Substantial evidence supports the agency’s conclusion that Diaz failed to 

meet his burden of proof to demonstrate that it is more likely than not he would be 

tortured by or with the consent or acquiesce of a public official or other person 

acting in an official capacity if returned to Guatemala. See Alphonsus v. Holder, 

705 F.3d 1031, 1049 (9th Cir. 2013) (the evidence did not compel the finding that 

petitioner would more likely than not be tortured upon return). We reject Diaz’s 

contentions that the agency failed to consider evidence and misstated the record.

PETITION FOR REVIEW DENIED.
<PAGE>
                                                                      EXHIBIT 23

                         INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement No.
333-54256 of CenterPoint Energy Resources, Corp. on Form S-3 of our report
dated February 28, 2003 (which report expresses an unqualified opinion and
includes an explanatory paragraph relating to the change in method of
accounting for goodwill and certain intangible assets) appearing in this Annual
Report on Form 10-K of CenterPoint Energy Resources, Corp. for the year ended
December 31, 2002.


DELOITTE & TOUCHE LLP

Houston, Texas
March 7, 2003
**Exhibit14.1**

 

**CONSENT OF INDEPENDENTREGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference inRegistration Statement Nos. 333-121164, 333-117110, 333-88854, 333-100522, 333-51446,333-15409, 333-09368 and 333-1796 of Kerzner International Limited andsubsidiaries (the “Company”) on Form S-8, F-3, F-3, S-8, S-8, F-4, S-8 andS-8, respectively, of our report dated March 30, 2005, relating to the consolidatedfinancial statements of the Company, appearing in this Annual Report on Form 20-Fof the Company for the year ended December 31, 2004.

 

 
| /s/ DELOITTE &  TOUCHE LLP |   |
|-------------------------------------|--------|
|                                |
| Miami, Florida                      |
| March 30, 2005                 |

 

----
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

PHILLIP BROWN,

Petitioner, 

v.

SHIRLEE HARRY,

Respondent. 

 /

Case Number: 09-11679

HON. PATRICK J. DUGGAN

ORDER DENYING PETITIONER’S MOTION

FOR RECONSIDERATION

At a session of said Court, held in the U.S.

District Courthouse, Eastern District 

of Michigan, August 7, 2009.

PRESENT: THE HONORABLE PATRICK J. DUGGAN

U.S. DISTRICT COURT JUDGE

This matter is before the Court on Petitioner’s motion for reconsideration of the

Court’s July 13, 2009 decision denying Petitioner’s motion to hold his habeas case in

abeyance and dismissing his petition without prejudice to allow him to fully exhaust his

state court remedies as to each of his habeas claims. Petitioner contends that the Court

should have held his “mixed petition” in abeyance rather than dismissing it without

prejudice.

A motion for reconsideration which presents issues already ruled upon by the

court, either expressly or by reasonable implication, will not be granted. E.D. Mich. LR

7.1(g)(3); see also Hence v. Smith, 49 F. Supp. 2d 547, 550 (E.D. Mich. 1999). Petitioner

2:09-cv-11679-PJD-VMM Doc # 8 Filed 08/07/09 Pg 1 of 2 Pg ID 704
2

has not met his burden of showing a palpable defect by which the Court has been misled

or that a different disposition must result from a correction thereof, as required by Rule

7.1(g)(3). Id.

Accordingly,

IT IS ORDERED, that Petitioner’s motion for reconsideration is DENIED.

s/PATRICK J. DUGGAN

UNITED STATES DISTRICT JUDGE

Copies to:

Phillip Brown, #271566

Muskegon Correctional Facility

2400 S. Sheridan

Muskegon, MI 49442

2:09-cv-11679-PJD-VMM Doc # 8 Filed 08/07/09 Pg 2 of 2 Pg ID 705
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Case Number 09-20006-06-BC

v. Honorable Thomas L. Ludington

MICHAEL BELL,

Defendant.

__________________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING

DEFENDANT’S PLEA OF GUILTY AS TO COUNT TWO, AND TAKING THE RULE

11 PLEA AGREEMENT UNDER ADVISEMENT

A plea hearing was conducted on November 13, 2009, by United States Magistrate Judge

Charles E. Binder pursuant to the defendant’s consent. The magistrate judge issued his report on

November 13, 2009, recommending that this Court accept the defendant’s guilty plea. As of today’s

date, no party has filed any objections to the magistrate judge’s report and recommendation. The

failure to file objections to the report and recommendation waives any further right to appeal. Smith

v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure

to object to the magistrate judge’s report releases the Court from its duty to independently review

the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court, however, agrees with the findings

and conclusions of the magistrate judge.

Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [Dkt

# 151] is ADOPTED.

Case 1:09-cr-20006-TLL-CEB ECF No. 174, PageID.621 Filed 12/07/09 Page 1 of 2
-2-

It is further ORDERED that the defendant’s guilty plea as to the lesser included offense of

count two is ACCEPTED, and the Rule 11 Plea Agreement [Dkt. # 149] is taken UNDER

ADVISEMENT.

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: December 7, 2009

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on December 7, 2009.

s/Tracy A. Jacobs 

TRACY A. JACOBS

Case 1:09-cr-20006-TLL-CEB ECF No. 174, PageID.622 Filed 12/07/09 Page 2 of 2
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED AU GUST 10 , 2016

NO. 03

- 16

- 00008

- CV

Crystal International, Inc. d/b/a/ Fuel Stop, Appellant

v.

Texas Commission on Environmental Quality, Appellee

APPEAL FROM THE 126TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE JUSTICES PURYEAR, GO ODWIN, AND FIELD

AFFIRMED

-- OPINION BY JUSTICE FIELD

This is an appeal from the interlocutory order signed by the tr i a l court on January 14, 2016.

Having reviewed the record and the parties’ arguments, the C ourt holds that there was no

reversible error in the order . Therefore, the C ourt affirms the trial court’ s interlocutory order

.

A ppellant shall pay all costs relating to this appeal, both in this Court and the court below.
#### STATE of Missouri, Respondent, v. David MOYE, Jr., Appellant. David MOYE, Jr., Appellant, v. STATE of Missouri, Respondent.

No. 66454.

Missouri Court of Appeals, Eastern District, Division One.

Aug. 13, 1996.

Emmett D. Queener, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Kurt U. Schaefer, Asst. Atty. Gen., Jefferson City, for respondent.

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

*ORDER*

PER CURIAM.

Appellant, David Moye, Jr., appeals the judgment of conviction for stealing a credit card in violation of RSMo § 570.030.3(3)(c) (1994) entered by the Circuit Court of St. Louis County after a jury trial, and appeals the judgment denying his Rule 29.15 motion after an evidentiary hearing. We affirm.

We have reviewed the briefs of the parties and the legal file and find the judgment of conviction is supported by sufficient evidence and is not against the weight of the evidence, and no error of law appears. We *724further find the judgment denying the Rule 29.15 motion is not clearly erroneous. As an extended opinion would serve no jurisprudential purpose, we affirm the judgment pursuant to Rules 30.25(b) and 84.16(b). A memorandum, solely for the use of the parties involved, has been provided explaining the reasons for our decision.
{34608\1\DT455458.DOC;1}

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

WYETH 

 Plaintiff, 

v. 

SUN PHARMACEUTICAL 

INDUSTRIES LTD. and CARACO 

PHARMACEUTICAL LABORATORIES 

LTD., 

 Defendants. 

Case No. 09-11726-LPZ-MKM 

Hon. Lawrence P. Zatkoff 

NOTICE OF APPEAL

Notice is hereby given that Plaintiff Wyeth appeals to the Untied States Court of Appeals 

for the Sixth Circuit from an order granting defendants’ motion to dismiss [dkt 19] and the final 

judgment [dkt 20] entered in this action on March 2, 2010. 

KERR, RUSSELL AND WEBER, PLC 

s/ James E. DeLine 

James E. DeLine (P45205) 

Attorneys for Plaintiff Wyeth 

500 Woodward Avenue, Suite 2500 

Detroit, Michigan 48226 

Tel: (313) 961-0200 

Fax: (313) 963-7099 

jed@krwlaw.com 

Of Counsel: 

WILMER CUTLER PICKERING 

HALE and DORR LLP

399 Park Ave. 

New York, New York 10022 

Tel: (212) 230-8800 

Fax: (212) 230-8888 

Dated: March 31, 2010 
2 

{34608\1\DT455458.DOC;1}

CERTIFICATE OF SERVICE

I hereby certify that on March 31, 2010, I electronically filed the foregoing Notice of 

Appeal with the Clerk of the Court using the ECF system, which will send notification of such 

filing to all ECF participants. 

 

Respectfully submitted, 

KERR, RUSSELL AND WEBER, PLC 

s/ James E. DeLine 

James E. DeLine (P45205) 

Attorneys for Plaintiff Wyeth 

500 Woodward Avenue, Suite 2500 

Detroit, Michigan 48226 

Tel: (313) 961-0200 

Fax: (313) 963-7099 

jed@krwlaw.com 

Of Counsel: 

WILMER CUTLER PICKERING 

HALE and DORR LLP

399 Park Ave. 

New York, New York 10022 

Tel: (212) 230-8800 

Fax: (212) 230-8888 

Dated: March 31, 2010