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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-7706

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DONOVAN ANTHONY MONCRIEFFE,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Alexandria. Claude M. Hilton, Senior 

District Judge. (1:07-cr-00177-CMH-4; 1:11-cv-01180-CMH)

Submitted: April 30, 2014 Decided: June 6, 2014

Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Donovan Anthony Moncrieffe, Appellant Pro Se. Jay V. Prabhu, 

Assistant United States Attorney, Alexandria, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Donovan Anthony Moncrieffe seeks to appeal the 

district court’s order accepting the recommendation of the 

magistrate judge and denying relief on his 28 U.S.C. § 2255 

(2012) motion. The order is not appealable unless a circuit 

justice or judge issues a certificate of appealability. 28 

U.S.C. § 2253(c)(1)(B) (2012). A certificate of appealability 

will not issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the 

district court denies relief on the merits, a prisoner satisfies 

this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional 

claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 

484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(2003). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive 

procedural ruling is debatable, and that the motion states a 

debatable claim of the denial of a constitutional right. Slack, 

529 U.S. at 484-85. 

We have independently reviewed the record and conclude 

that Moncrieffe has not made the requisite showing. 

Accordingly, we deny a certificate of appealability, deny leave 

to proceed in informa pauperis, and dismiss the appeal. We 

dispense with oral argument because the facts and legal 
3

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02

- 23

- 00255

- CV

I N THE I NTEREST OF R.E. AND A.E.,

C HILDREN §

§

§

§ O n Appeal from the 360th District Court

of Tarrant County ( 36 0

- 714065

- 22 )

November 16, 2023

Memorandum Opinion by Justice Womack

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was no error in the trial court’s judgment. It is ordered that the judgment of the trial

cou rt is affirmed.

SECOND DISTRICT COURT OF APPEALS

By /s/ Dana Womack

Justice Dana Womack
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02285-BNB

CENTER FOR LEGAL ADVOCACY d/b/a Legal Center for People with Disabilities and Older

People,

Plaintiff,

v.

REGGIE BICHA, in his official capacity as Executive Director of the Colorado Department of

Human Services, and

TERESA A. BERNAL, in her official capacity as an Interim Superintendent of the Colorado

Mental Health Institute at Pueblo,

Defendants.

______________________________________________________________________________

MINUTE ORDER

______________________________________________________________________________

Minute Order Entered by Magistrate Judge Boyd N. Boland

This matter is before the Court on the Stipulated Motion to Modify Scheduling Order

[docket no. 42, filed February 17, 2012] (the “Motion”).

IT IS ORDERED that the Motion is GRANTED and the Scheduling Order is amended as

follows:

Expert Witness Disclosures:

The parties shall designate all experts and provide opposing

counsel with all information specified in Fed. R. Civ. P. 26(a)(2)

on or before April 30, 2012;

The parties shall designate all rebuttal experts and provide

opposing counsel with all information specified in Fed. R. Civ. P.

26(a)(2) on or before June 1, 2012;

Discovery Cut-Off: July 13, 2012;

Dispositive Motion Deadline: August 10, 2012.

DATED: February 22, 2012

Case 1:11-cv-02285-NYW Document 46 Filed 02/22/12 USDC Colorado Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge John L. Kane

Civil Action No. 11-cv-2425-AP

GLORIANNE MERCADO,

Plaintiff,

v.

MICHAEL J. ASTRUE, Commissioner of Social Security,

Defendant.

ORDER

Kane, J.

Defendant’s Motion to Remand (doc. #18), filed March 13, 2012, is GRANTED. 

This civil action is remanded to Defendant for additional administrative proceedings

pursuant to sentence six of 42 U.S.C. § 405(g).

Dated: March 14, 2012.

BY THE COURT:

s/John L. Kane

JOHN L. KANE, SENIOR JUDGE 

UNITED STATES DISTRICT COURT

Case 1:11-cv-02425-WYD Document 19 Filed 03/14/12 USDC Colorado Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-01975-DME

HANA VON JAROLIM,

Plaintiff,

v.

MIKE GEORGE VON JAROLIM,

Defendant.

ORDER OF DISMISSAL

THIS MATTER comes before the Court upon the Petitioner’s Notice of 

Dismissal Without Prejudice (Doc. No. 12). 

 IT IS THEREFORE ORDERED THAT that this civil action is dismissed without 

prejudice. Each party shall pay its own costs and attorneys' fees. 

Dated: August 30, 2011

BY THE COURT:

s/ David M. Ebel

 

UNITED STATES CIRCUIT JUDGE

Case 1:11-cv-01975-DME Document 13 Filed 08/30/11 USDC Colorado Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-01982-BNB
BYRON KYLE GAY,

Plaintiff,
v.

DANNY ROJAS,

KRIS KRONCKE,

JOHN DOE (Police Officer) #1,
JOHN DOE (Police Officer) #2,
JOHN DOE (Police Officer) #3,
JOHN DOE (Police Officer) #4,
JOHN DOE (Police Officer) #5, and
OTHERS TO BE NAMED LATER,

Defendants.

ED

UNITED STATES DISTRICT COURT
DENVER, COLORADO

SEP 13 2011

GREGORY C. LANGHAM
CLERK

ORDER OF DISMISSAL

Plaintiff, Byron Kyle Gay, is a prisoner in the custody of the Colorado Department

of Corrections at the Fremont Correctional Facility in Cafion City, Colorado. On August

5, 2011, Magistrate Judge Boyd N. Boland entered an order granting Mr. Gay's motion

seeking leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 in this

action. Pursuant to § 1915(b)(1), Magistrate Judge Boland ordered Mr. Gay either to

pay an initial partial filing fee of $22.00 or to show cause why he has no assets and no

means by which to pay the initial partial filing fee. In order to show cause, Mr. Gay was

directed to file a current certified copy of his inmate trust fund account statement. Mr.

Gay was warned that the complaint and the action would be dismissed without further

notice if he failed either to pay the initial partial filing fee or to show cause as directed


within thirty days.

On August 18, 2011, Mr. Gay submitted for filing a Motion to Show Cause
arguing that he lacks sufficient funds to pay the designated initial partial filing fee, and
he attached to the motion a copy of his inmate trust fund account statement dated
August 10, 2011. However, Mr. Gay has failed to show good cause because the
account statement he submitted is not certified by a prison official as directed in
Magistrate Judge Boland’s August 5 order. Therefore, the complaint and the action will
be dismissed without prejudice because Mr. Gay failed either to pay the initial partial
filing fee or to show cause as directed why he is unable to pay the initial partial filing fee.
Accordingly, it is

ORDERED that the Prisoner Complaint and the action are dismissed without
prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because
Plaintiff failed within the time allowed either to pay the initial partial filing fee or to show
cause as directed why he is unable to pay the initial partial filing fee.

DATED at Denver, Colorado, this_13"__ day of __September , 2011.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court



IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 11-cv-01982-BNB
Byron Kyle Gay
Prisoner No. 57321
Fremont Correctional Facility
PO Box 999
Cafion City, CO 81215

| hereby certify that | have mailed a copy of the ORDER and JUDGMENT to the
above-named individuals on September 13, 2011.

GREGORY C. LANGHAM, CLERK

Deputy Clerk
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Senior District Judge Richard P. Matsch

Civil Action No. 11-cv-02468-RPM

PAUL GIVENS,

Plaintiff,

v.

NETJETS AVIATION, INC.,

NETJETS SALES, INC.,

BRUCE H. WHITE, and

RICARDO E. HELLEBUYCK, 

Defendants.

 

ORDER SETTING SCHEDULING CONFERENCE

 

Pursuant to D.C.COLO.LCivR 16, it is

ORDERED that a scheduling conference will be held on November 2, 2011, at 11:30 a.m.

in the Conference Room, Second Floor, the Byron White United States Courthouse, 1823 Stout

Street, Denver, Colorado. Counsel are directed to comply with the Instructions for Preparation of

Scheduling Order which may be found at http://www.cod.uscourts.gov/judges/judges.aspx

(Senior Judge Richard P. Matsch Procedures) and use the format provided with those instructions

(Rev. 1/08). The proposed order (original only) on paper, shall be submitted directly to chambers

by 4:00 p.m. on October 27, 2011.

 The conference is conducted with lead counsel present in person. No parties or

representatives of parties will be permitted to attend.

Dated: September 26th, 2011

BY THE COURT:

s/Richard P. Matsch

________________________________

Richard P. Matsch, Senior District Judge
Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 

18, 2019.

In The

Fourteenth Court of Appeals

NO. 14-18-00950-CV

IN RE SOMAIAH KHOLAIF, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

Probate Court No. 2 

Harris County, Texas

Trial Court Cause No. 449677

MEMORANDUM OPINION

On October 30, 2018, relator Somaiah Kholaif filed a petition for writ of 

mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. 

P. 52. In her petition, relator asked this court to compel the Honorable Rory R. 

Olsen, former presiding judge of the Probate Court No. 3 of Harris County, to 

vacate his order quashing her request for discovery. On January 1, 2019, Judge 

Olsen ceased to hold office as judge of the Probate Court No. 3. Judge Olsen’s 
2 

successor is the Honorable Jason Cox. We abated this original proceeding to afford 

Judge Cox an opportunity to consider the order quashing discovery. See Tex. R. 

App. P. 7.2(b). On February 22, 2019, Judge Cox recused himself from this case. 

The case was randomly reassigned to Probate Court No. 2. Presiding Judge of 

Probate Court No. 2, the Honorable Michael Newman confirmed Judge Olsen’s 

prior order. We reinstated this appeal after receiving notice that the order subject of 

this proceeding was confirmed.

With certain exceptions, to obtain mandamus relief a relator must show both 

that the trial court clearly abused its discretion and that relator has no adequate 

remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 

2004) (orig. proceeding). Relator has not shown that she is entitled to mandamus 

relief. We therefore deny relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Bourliot and Spain.
1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge David L. West

Criminal No. 11-PO-00105-DLW

UNITED STATES OF AMERICA,

Plaintiff,

vs.

1. COREY RICHARDS,

Defendant.

 

MINUTE ORDER

 

ORDER ENTERED BY MAGISTRATE JUDGE DAVID L. WEST

This matter was previously set for detention and preliminary hearing on May 2, 2012 at 9:00

a.m., however, due to the Marshal’s Service schedule, and after conferring with counsel and the

probation officer;

IT IS HEREBY ORDERED that this matter is re-scheduled to May 1, 2012 at 3:30 p.m.

for the detention and preliminary hearings.

DATED: April 30, 2012.

BY THE COURT:

s/David L. West 

United States Magistrate Judge

Case 1:11-po-00105-DW Document 29 Filed 04/30/12 USDC Colorado Page 1 of 1
1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-01979-LTB

SHANE E. JOHNSON,

Plaintiff,

v.

DOC INTAKE OFFICER JANE DOE,

DOC INTAKE OFFICER JOHN DOE,

DOC PROPERTY SERGEANT S. MARTZ, and

DOC LAUNDRY SUPERVISOR LIEUTENANT CORDOVA,

Defendants.

ORDER TO CURE DEFICIENCY

Babcock, Senior Judge

Plaintiff submitted a Notice of Appeal on October 6, 2011. The court has determined that

the document is deficient as described in this order. Plaintiff will be directed to cure the following

if he wishes to pursue this appeal.

(A) Filing Fee 

 X is not submitted

(B) Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915

and Fed. R. App. P. 24:

 X is not submitted

 is missing affidavit

 is missing certified copy of prisoner’s trust fund statement for the 6-month period

immediately preceding this filing

 is missing required financial information

 is missing an original signature by the prisoner

 is not on proper form (must use the court’s current form)

 other 

Accordingly, it is 

Case 1:11-cv-01979-LTB Document 12 Filed 10/12/11 USDC Colorado Page 1 of 2
2

ORDERED that Plaintiff cure the deficiencies designated above within 30 days from the

date of this order. Any papers that Plaintiff filed in response to this order must include the civil

action number on this order. It is

FURTHER ORDERED that the Clerk of the Court mail to Plaintiff, together with a copy

of this order, an original and one copy of the following forms: Motion and Affidavit for Leave

to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24. It is

FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies within 30

days from the date of this order, the court of appeals will be so notified.

DATED at Denver, Colorado this 12th day of October, 2011.

BY THE COURT:

 s/Lewis T. Babcock

SENIOR JUDGE, UNITED STATES DISTRICT

COURT FOR THE DISTRICT OF COLORADO

Case 1:11-cv-01979-LTB Document 12 Filed 10/12/11 USDC Colorado Page 2 of 2
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Boyd N. Boland

Civil Action No. 11-cv-02438-PAB-BNB

ALVIN MOSCH,

PATRICIA C. MOSCH, and

DAVID K. MOSCH, each individually and d/b/a MOSCH MINING COMPANY,

Plaintiffs,

v.

JOHN HENRY, a/k/a JOHN T. HENRY a/k/a JOHN L. HENRY,

UNITED STATES REAL ESTATE CORPORATION, and any one claiming by or through any

of the named persons,

Defendants.

______________________________________________________________________________

ORDER

______________________________________________________________________________

The parties appeared this morning for a scheduling conference. Also pending is a letter

filed pro se by defendant John T. Henry [Doc. # 29, filed 11/7/2011] (the “Motion to

Reconsider”) which I have construed as a motion to reconsider my Order [Doc. # 27] allowing

Elizabeth Starrs and Susan Bernhardt to withdraw as counsel for the defendants. 

In the course of the conference, John Schlie, a member of the bar of this court, indicated

his intention to enter an appearance on behalf of the defendants. In addition, I made oral rulings

concerning the Motion to Reconsider.

IT IS ORDERED:

(1) Mr. Schlie shall enter his appearance as counsel for the defendants, if at all, on or

before November 18, 2011;

Case 1:11-cv-02438-PAB-BNB Document 33 Filed 11/14/11 USDC Colorado Page 1 of 2
2

(2) A supplemental scheduling conference is set for December 9, 2011, at 9:00 a.m.,

in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver,

Colorado. The parties shall prepare a proposed scheduling order and submit it to the court on or

before December 2, 2011; and

(3) The letter filed pro se by defendant John T. Henry [Doc. # 29] is construed as a 

motion to reconsider, and is DENIED.

Dated November 14, 2011.

BY THE COURT:

 s/ Boyd N. Boland 

United States Magistrate Judge

Case 1:11-cv-02438-PAB-BNB Document 33 Filed 11/14/11 USDC Colorado Page 2 of 2
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AT DECEMBER 31, 1997 AND THE CONSOLIDATED STATEMENTS
OF OPERATIONS AND CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 1997, AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         604,619
<SECURITIES>                                         0
<RECEIVABLES>                               13,601,099
<ALLOWANCES>                                         0
<INVENTORY>                                  6,973,890
<CURRENT-ASSETS>                            23,266,427
<PP&E>                                     158,527,161
<DEPRECIATION>                              10,009,165
<TOTAL-ASSETS>                             175,952,608
<CURRENT-LIABILITIES>                       10,019,333
<BONDS>                                    122,943,904
<PREFERRED-MANDATORY>                        9,567,500
<PREFERRED>                                          0
<COMMON>                                    41,864,413
<OTHER-SE>                                 (11,192,542)
<TOTAL-LIABILITY-AND-EQUITY>               175,952,608
<SALES>                                     17,181,842
<TOTAL-REVENUES>                            17,181,842
<CGS>                                        4,162,870
<TOTAL-COSTS>                               12,821,723
<OTHER-EXPENSES>                              (379,899)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           4,759,195
<INCOME-PRETAX>                                (19,177)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (19,177)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                             (1,159,731)
<CHANGES>                                            0
<NET-INCOME>                                (1,178,908)
<EPS-PRIMARY>                                    (0.30)
<EPS-DILUTED>                                    (0.30)


</TABLE>
# Fourth Court of Appeals

San Antonio, Texas

September 4, 2019

No. 04

- 19

- 00406

- CV

Richard A

. CONTRERAS the owner heir to Los Ojuelos Ranch, Abst

. # 1393

- Sur.# 592, Ind.

, Appellant s

v.

Enrique BENAVIDES , et. al., Leroy & Lavada Jones, Jean Shell, Trust, Huisache Land &

Minerals, Ltd., Guillermo Salinas & CAAMR Invest Janice Hinds

- Ind., Los Ojuelos Ranch

Partnership, Diana Peacock, Mgr., Killam Ra nch Properties, Ltd.,

Appellee s

From the 406th Judicial District Court, Webb County, Texas

Trial Court No. 2014CV7002684

- D4

Honorable Oscar J. Hale, Jr., Judge Presiding



### O R D E R

Sitting: Irene Rios, Justice

Beth Watkins, Justice

Liza A. Rodriguez, Justice

On August 29 , 2019, appellant filed a motion for extension of time to file a motion for

rehearing. The motion is DENIED.

I t is so ORDERED on this 4th day of September, 2019

.

PER CUR IAM

ATTESTED TO:

___________________ _________

KEITH E. HOTTLE

, Clerk of Court
Document Headings

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                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health 

      ( print page 57124)    
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. 

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. 

*Name of Committee:*                         National Institute of Child Health and Human Development Special Emphasis Panel.                     

*Date:*                         October 28, 2008.                     

*Time:*                         1 p.m. to 2 p.m.                     

*Agenda:*                         To review and evaluate grant applications.                     

*Place:*                         National Institutes of Health, 6100 Executive Boulevard, Room 5B01, Rockville, MD 20852, (Telephone Conference Call).                     

*Contact Person:*                         Carla T. Walls, PhD, Scientific Review Administrator, Division of Scientific Review, National Institute of Child Health and Human Development, NIH, 6100 Executive Blvd., Room 5B01, Bethesda, MD 20892, (301) 435-6898,                         *wallsc@mail.nih.gov*.                     

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS) 

Dated: September 24, 2008. 

Jennifer Spaeth, 

Director, Office of Federal Advisory Committee Policy. 

[FR Doc. E8-23096 Filed 9-30-08; 8:45 am] 

BILLING CODE 4140-01-P
**Exhibit 32.2**

 

CertificatePursuant to18 U.S.C. Section 1350as Adopted Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002

 

In connection with the Quarterly Report ofAccess Anytime Bancorp, Inc. (the “Company”) on Form 10-QSB for the periodended June 30, 2004, as filed with the Securities and Exchange Commission onthe date hereof  (the“Report”), I, Ken Huey, Jr., Chief Financial Officer of the Company, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

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

 

2. The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| Date:  August 12, 2004 |     | /s/ Ken Huey, Jr.                               |   |
|-----------------------------|----------|-------------------------------------------------|--------|
|                        |     | Ken Huey, Jr., Chief Financial Officer,         |
| * *                    | * * | *(Principal Financial and  Accounting Officer)* |

 

----
#### Lloyd M. BROWN v. STATE.

Supreme Court of Florida.

January Term 1954.

Dismissed without opinion.