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UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-2261

ELPIDIA MANALANSAN CRUZ; SHERYLENE MANALANSAN CRUZ, 

 Petitioners, 

 v. 

ERIC H. HOLDER, JR., Attorney General, 

 Respondent. 

On Petition for Review of an Order of the Board of Immigration 

Appeals.

Submitted: February 20, 2009 Decided: April 9, 2009 

Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges. 

Petition denied by unpublished per curiam opinion. 

Hugo R. Valverde, VALVERDE & ROWELL, P.C., Virginia Beach, 

Virginia, for Petitioners. Gregory G. Katsas, Assistant 

Attorney General, John S. Hogan, Senior Litigation Counsel, 

Robbin Blaya, Office of Immigration Litigation, UNITED STATES 

DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.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

 Elpidia Manalansan Cruz and her daughter, Sherylene 

Manalansan Cruz, natives and citizens of the Philippines, 

petition for review of an order of the Board of Immigration 

Appeals (“Board”) denying their untimely motion to reopen. We 

deny the petition for review. 

 This court reviews the denial of a motion to reopen 

for abuse of discretion. 8 C.F.R. § 1003.2(a) (2008); INS v. 

Doherty, 502 U.S. 314, 323-24 (1992); Barry v. Gonzales, 445 

F.3d 741, 744 (4th Cir. 2006). A denial of a motion to reopen 

must be reviewed with extreme deference, since immigration 

statutes do not contemplate reopening and the applicable 

regulations disfavor such motions. M.A. v. INS, 899 F.2d 304, 

308 (4th Cir. 1990) (en banc). We will reverse the Board’s 

denial of a motion to reopen only if the denial is “arbitrary, 

capricious, or contrary to law.” Barry, 445 F.3d at 745. 

“[A]dministrative findings of fact are conclusive unless any 

reasonable adjudicator would be compelled to conclude to the 

contrary.” 8 U.S.C. § 1252(b)(4)(B) (2006). The Board’s 

decision need only be reasoned, not convincing. M.A., 899 F.2d 

at 310. 

 We find no abuse of discretion. Furthermore, we are 

without jurisdiction to review the Board’s decision not to 

exercise its authority to sua sponte reopen the proceedings. 

2 
3 

See Mosere v. Mukasey, 552 F.3d 397, 400-01 (4th Cir. 2009). We 

further note there is no Fifth Amendment right to effective 

assistance of counsel during the course of removal proceedings. 

See Massis v. Mukasey, 549 F.3d 631, 637 (4th Cir. 2008); 

Afanwi v. Mukasey, 526 F.3d 788, 799 (4th Cir. 2008). 

 Accordingly, we deny the petition for review. 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. 

PETITION DENIED
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
certification set forth below is being submitted in connection with the Quarterly Report of Publix Super Markets, Inc. (the Company) on Form 10-Q for the period ending March 29, 2008 (the Report) for the purpose of
complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the Exchange Act) and Section 1350 of Chapter 63 of Title 18 of the United States Code.

I, William E. Crenshaw, Chief Executive Officer of the Company, certify, to the best of my knowledge, that on the date hereof:

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

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



|                       
|-----------------------
|/s/ William E. Crenshaw
|William E. Crenshaw    
|Chief Executive Officer
|May 8, 2008
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-7457

GARY DARWIN BLACK,

Petitioner - Appellant,

versus

WARDEN, JAMES RIVER CORRECTIONAL CENTER,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-99-1095-AM)

Submitted: January 20, 2000 Decided: February 2, 2000

Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gary Darwin Black, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* Although the district court’s order is marked as “filed” on

October 5, 1999, the district court’s records show that it was

entered on the docket sheet on October 6, 1999. Pursuant to Rules

58 and 79(a) of the Federal Rules of Civil Procedure, it is the

date the order was entered on the docket sheet that we take as the

effective date of the district court’s decision. See Wilson v.

Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986).

2

PER CURIAM:

Gary Darwin Black appeals the district court’s order denying

relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 &

Supp. 1999). We have reviewed the record and the district court's

opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning

of the district court. See Black v. Warden, James River Correctional Ctr., No. CA-99-1095-AM (E.D. Va. Oct. 6, 1999).* 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
3.12 U.S. RESERVE ASSETS

Millions of dollars, end of period

Asset 2002 2003 2004

2005 2006

Nov. Dec. Jan. Feb. Mar. Apr. May Junep

1 Total ................................. 79,006 85,938 86,824 68,773 65,127 65,594 65,364 65,354 66,846 67,706 67,935

2 Gold stock1 ............................ 11,043 11,043 11,045 11,041 11,043 11,044 11,044 11,043 11,041 11,041 11,041

3 Special drawing rights2,3 ................. 12,166 12,638 13,582 8,180 8,210 8,302 8,310 8,344 8,518 8,704 8,618

4 Reserve position in International Monetary Fund2 ............................ 21,979 22,535 19,479 12,097 8,036 7,639 7,638 7,376 7,219 7,219 7,906

5 Foreign currencies4 ..................... 33,818 39,722 42,718 37,455 37,838 38,609 38,372 38,592 40,068 40,742 40,370

Note: The data presented in this table are available in the monthly statistical release ‘‘U.S.

Reserve Assets; Foreign Official Assets Held at Federal Reserve Banks,’’ on the Board’s

website at www.federalreserve.gov/releases.

1. Gold held ‘‘under earmark’’ at Federal Reserve Banks for foreign and international

accounts is not included in the gold stock of the United States; see table 3.13, line 3. Gold

stock is valued at $42.22 per fine troy ounce.

2. Special drawing rights (SDRs) are valued according to a technique adopted by the

International Monetary Fund (IMF) in July 1974. Values are based on a weighted average of

exchange rates for the currencies of member countries. From July 1974 through December

1980, sixteen currencies were used; since January 1981, five currencies have been used. U.S.

SDR holdings and reserve positions in the IMF have also been valued on this basis since July

1974.

3. Includes allocations of SDRs by the International Monetary Fund on Jan. 1 of the year

indicated, as follows: 1970—$867 million; 1971—$717 million; 1972—$710 million; 1979—

$1,139 million; 1980—$1,152 million; 1981—$1,093 million; plus net transactions in SDRs.

4. Valued at current market exchange rates.

3.13 FOREIGN OFFICIAL ASSETS HELD AT FEDERAL RESERVE BANKS1

Millions of dollars, end of period

Asset 2002 2003 2004

2005 2006

Nov. Dec. Jan. Feb. Mar. Apr. May Junep

1 Deposits .............................. 136 162 80 82 83 83 82 84 86 86 142

Held in custody

2 U.S. Treasury securities2 ................. 678,106 845,080 1,041,215 1,073,710 1,069,014 1,080,198 1,105,178 1,103,810 1,097,103 1,093,393 1,089,512

3 Earmarked gold3 ....................... 9,045 8,971 8,967 8,967 8,967 8,967 8,967 8,967 8,967 8,967 8,967

Note: The data presented in this table are available in the monthly statistical release ‘‘U.S.

Reserve Assets; Foreign Official Assets Held at Federal Reserve Banks,’’ on the Board’s

website at www.federalreserve.gov/releases.

1. Excludes deposits and U.S. Treasury securities held for international and regional

organizations.

2. Marketable U.S. Treasury bills, notes, and bonds and nonmarketable U.S. Treasury

securities, in each case measured at face (not market) value.

3. Held in foreign and international accounts and valued at $42.22 per fine troy ounce; not

included in the gold stock of the United States.
# FILED

June 9, 1997 Cecil Crowson, Jr
. App ellate C ou rt Clerk IN THE COURT OF APPEALS OF TENNESSEE

JENKINS DENTAL ARTS, INC. ) C/A NO. 03A01-9606-CV-00184 ) BRADLEY COUNTY CIRCUIT COURT Plaintiff-Appellant, ) ) ) v. ) ) ) ACE CODENT, ZAHN DENTAL COMPANY, ) INC., and HENRY SCHEIN, INC., ) ) Defendants, ) ) ) and ) ) ) ACECODENT INCORPORATED ) ) HONORABLE EARLE G. MURPHY, Defendant-Appellee. ) JUDGE

OPINION AND ORDER
On September 23, 1996, we filed our opinion in this case. The Supreme Court granted the appellant’s application for permission to appeal and remanded this matter to us by order entered May 5, 1997. We were directed by that court to reconsider this case in light of the Supreme Court’s opinion in Cobb v. Beier , S/C No. 03S01-9610-CV-00106 (Supreme Court at Knoxville, April 28, 1997).

In view of the Supreme Court’s decision in Cobb , we find and hold that the motion of Acecodent Incorporated to dismiss this appeal because of the failure of the appellant to serve a copy of the notice of appeal on the clerk of this court is not well taken and it is accordingly DENIED. To the extent our earlier opinion, and the judgment filed pursuant to it, find and hold otherwise, they are, to that extent, vacated and held for naught.

We adhere to the remainder of our earlier opinion, which held that the trial court erred in dismissing theappellant’s complaint. Therefore, we now hold, pursuant to Rule

36, T.R.A.P., that the judgment of the trial court in this case is erroneous, and hereby vacate same and remand this case to the trial court for further proceedings not inconsistent with this order. Our earlier opinion and judgment as to the costs on appeal are also vacated and held for naught. We re-tax the costs on appeal to the appellee.

IT IS SO ORDERED.
ENTER:

__________________________ Charles D. Susano, Jr., J.

__________________________ Houston M. Goddard, J.

__________________________ Don T. McMurray, J.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### National Park Service

# AGENCY:

Department of the Interior, National Park Service.

# ACTION:

Notice of meeting.

# SUMMARY:

Notice is hereby given in accordance with the Federal Advisory Committee Act that a meeting of the Committee for the Preservation of the White House will be held at the White House at 2 p.m. on Thursday, October 16, 2008.

# DATES:

October 16, 2008.

# FOR FURTHER INFORMATION CONTACT:

Executive Secretary, Committee for the Preservation of the White House, 1100 Ohio Drive, SW., Washington, DC 20242. (202) 619-6344.

# SUPPLEMENTARY INFORMATION:

It is expected that the meeting agenda will include policies, goals, and long-range plans. The meeting will be open, but subject to appointment and security clearance requirements. Clearance information, which includes full name, date of birth and Social Security number, must be received by October 9, 2008. Due to the present mail delays being experienced, clearance information should be faxed to (202) 619-6353 in order to assure receipt by deadline. Inquiries may be made by calling the Committee for the Preservation of the White House between 9 a.m. and 4 p.m. weekdays at (202) 619-6344. Written comments may be sent to the Executive Secretary, Committee for the Preservation of the White House, 1100 Ohio Drive, SW., Washington, DC 20242.

Dated: September 5, 2008.

Ann Bowman Smith,

Executive Secretary, Committee for the Preservation of the White House.

[FR Doc. E8-21664 Filed 9-16-08; 8:45 am]

BILLING CODE 4312-51-P
Exhibit 32.1



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



In connection with the Quarterly Report of Cash Technologies, Inc. on Form 10-QSB for the
period ending November 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, being, Bruce Korman, Chief Executive Officer of the Company, and Edmund King, Chief Financial Officer
of the Company, respectfully, certify, pursuant to 18 U.S.C. ss.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.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------



Dated: January 20, 2004



|/s/ Bruce Korman        |  | /s/ Edmund King        
|----------------------- |  | -----------------------
|Chief Executive Officer |  | Chief Financial Officer
Case 1 :06-mc-00044-S-LDA Document 11-1 Filed 05/25/2006 Page 1 of 2

U.S. DISTRICT COURT

DISTRICT OF N .H.

FILE D

MAY 30 P 12: 5 1

UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Gordon C . Reid

V .

Strafford County Department

of Corrections Suoerintendent .

Kevin Sullivan . FNU McGowen,

and Fred Serne

O R D E R

Civil No . 06-cv-182-JD

All of the judges in this district were recused from

presiding over this case . Accordingly, the case was transferred

to the District of Rhode Island .

The recusal of all of the judges on this court gives rise to

an "emergency" with respect to the transferred case as that term

is used in 28 U .S .C . § 636(f) . I therefore concur in the

assignment of a Magistrate Judge from the transferee district to

perform the duties specified in 28 U .S .C . 5 636(a)-(c) .

SO ORDERED .

even it McAuliff e

Chief.Judge

May 19, 200 6

cc : Gordon C . Reid, pro se

Clerk, U .S . District Court, RI

Case 1:06-cv-00182-SM Document 10 Filed 05/30/2006 Page 1 of 2
Case 1 :06-mc-00044-S-LDA Document 11-1 Filed 05/25/2006 Page 2 of 2

Concurring Orde r

I concur that an emergency exists as specified above and

that for the duration of this case Magistrate Judge Almond

is assigned to perform such duties under 28 U .S .C . § 636(a)-(c)

as may be assigned to him by the District Judge to whom this case

is assigned .

Chief Judge, Assignee District

Date : 5125, __

cc : Gordon C . Reid, pro se

Clerk, U .S . District Court, R I

2

Case 1:06-cv-00182-SM Document 10 Filed 05/30/2006 Page 2 of 2
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Exhibit 32(a)

ENERGY FUTURE HOLDINGS CORP.

Certificate Pursuant to Section 906

of Sarbanes  Oxley Act of 2002

CERTIFICATION OF CEO

The undersigned, John F. Young, President and Chief Executive Officer of Energy Future Holdings Corp. (the Company), DOES
HEREBY CERTIFY that:



| | 1. | The Companys Quarterly Report on Form 10-Q for the period ended June 30, 2010 (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. | Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed this 2nd day of August, 2010.



/s/ JOHN F. YOUNGName:

John F. YoungTitle:

President and Chief Executive Officer


A signed
original of this written statement required by Section 906 has been provided to Energy Future Holdings Corp. and will be retained by Energy Future Holdings Corp. and furnished to the Securities and Exchange Commission or its staff upon request.
Probation Fonn No. 35 Report and Order Tenninating Probation / 

(1/92) Supervised Release 

Prior to Original Expiration Date 

UNITED STATES DISTRICT COURT
 

for the
 

DISTRICT OF NEW HAMPSHIRE
 

UNITED STATES OF AMERICA 

v. Crim. No. 07-CR-26-01-PB 

10hn Nadolny 

On September 24, 2007 the above named was placed on probation for a period oftwo years. 

He has complied with the rules and regulations of probation and is no longer in need of supervision. 

It is accordingly recommended that 10hn Nadolny be discharged from probation. 

Respectfully submitted, 

MtheW1. DiCarlO

U.S. Probation Officer 

ORDER OF THE COURT 

Pursuant to the above report, it is ordered that the defendant is discharged from Probation 

and that the proceedings in the case be tenninated. 

Date this \ ';), R day of fAr-v-- , 204. .. T=- ~.......---""'>
 

Paut&arbadoro L 

u.s. District ludge 

Case 1:07-cr-00026-PB Document 25 Filed 01/12/09 Page 1 of 1
United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 97-2329

___________ Robert Lee Artic, * * Appellant, * * v. * Appeal from the United States * District Court for the F.C.I., Waseca; Bureau of Prisons; * District of Minnesota J. W. Tippy, Warden, * * [UNPUBLISHED] Appellees. *

___________ Submitted: March 3, 1998 Filed: March 20, 1998

___________ Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges.

___________ PER CURIAM. Robert Le e Artic moves to reinstate his appeal from a final order of the United Sta tes District Court for the District of Minnesota denying Artic & s 28 U.S.C. § 224 1 petitionfor a writ of habeas corpus. We grant Artic & s motion to reinstate his appeal. Inlight of our recent decision in Martin v. Gerlinski , 133 F.3d 1076 (8th Cir. 1998) , and for the reasons discussed therein, we reverse the judgment of the district court and remand the case to the district court with instructions to refer the case to the Bureau of Prisons to properly consider Artic & s eligibility for a sent ence reduction under 18 U.S.C. § 3621(e)(2)(B). See 8th Cir. R. 47A(a).-2-

A true copy. Attest: CLERK , U. S. COURT OF APPEALS, EIGHTH CIRCUIT
.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
             Appendix A to Item 601(c) of Regulation S-K
                 Commercial and Industrial Companies
                     Article 5 of Regulation S-X
                (in thousands, except per share data)
</LEGEND>


<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-30-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                           6,039
<SECURITIES>                                         0
<RECEIVABLES>                                   26,489
<ALLOWANCES>                                         0
<INVENTORY>                                    475,224
<CURRENT-ASSETS>                               531,568
<PP&E>                                         372,828
<DEPRECIATION>                                 111,838
<TOTAL-ASSETS>                                 818,645
<CURRENT-LIABILITIES>                          341,887
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           401
<OTHER-SE>                                     421,839
<TOTAL-LIABILITY-AND-EQUITY>                   818,645
<SALES>                                      1,077,002
<TOTAL-REVENUES>                             1,077,002
<CGS>                                          642,932
<TOTAL-COSTS>                                  383,546
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,223
<INCOME-PRETAX>                                 49,301
<INCOME-TAX>                                    18,893
<INCOME-CONTINUING>                             30,408
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    30,408
<EPS-BASIC>                                       0.77
<EPS-DILUTED>                                     0.75




</TABLE>