alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ex parte Ted L. BRICE, Appellant.

No. 44598.

Court of Criminal Appeals of Texas.

Oct. 13, 1971.

Joe K. Hendley, Dallas, for appellant.

Jim D. Vollers, State’s Atty., Austin, for the State.

OPINION

MORRISON, Judge.

This is an appeal from the order of the 195th District Court of Dallas County ordering relator remanded for extradition to the State of Georgia.

Appellant’s first contention is that the Governor’s Warrant was not regular upon its face in that the warrant in this case charges the petitioner with the offense of fraudulent conversion which offense is not cognizable under the laws of the State of Texas.

Indictment in the case at bar which has been properly certified charges that the appellant came into the possession of a check in the sum of $4,850.00 and that he converted the same to his own use without applying the proceeds for the purpose to which it was entrusted to him. This we find is exactly what is denounced by Article 1429, Vernon’s Ann.P.C. Appellant’s first contention is overruled.

Appellant’s second claim which is based upon the failure of the copy of the Georgia statute to be certified has already been answered as it is not necessary to show what the law in a foreign state is if we have a comparable statute in Texas. See Ex parte Preston, Tex.Cr.App., 434 S.W. 2d 136. Appellant’s second contention is overruled.

The judgment is affirmed.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 November 19, 2014

s1112

Order 

Clerk

November 19, 2014

149370

BRUCE WHITMAN,

Plaintiff-Appellant,

v SC: 149370

COA: 294703

Genesee CC: 08-087993-CL

CITY OF BURTON and CHARLES SMILEY,

Defendants-Appellees.

_________________________________________/

On order of the Court, the application for leave to appeal the April 24, 2014 

judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in 

lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and 

we REMAND this case to the Court of Appeals for reconsideration in light of Wurtz v 

Beecher Metropolitan District, 495 Mich 242 (2014). We also take this opportunity, as 

suggested by the Court of Appeals dissent, Whitman v City of Burton, 305 Mich App 16, 

45 n 2 (2014), to clarify that reports given because the employee is requested to 

participate in an investigation by a public body are still considered protected activity. 

See MCL 15.362; Chandler v Dowell Schlumberger Inc, 456 Mich 395, 399 (1998). Any 

contrary suggestion in our earlier opinion in this case, Whitman v City of Burton, 493 

Mich 303, 313 (2013), is VACATED.

We do not retain jurisdiction.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TIMOTHY DEANORE WILKINS,

Plaintiff

- Appellant,

v.

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION; et al.,

Defendants

- Appellees. No. 20

- 55805

D.C. No. 2:18

- cv

- 09116

- VAP

- E

MEMORANDUM *

Appeal from the United States District Court

for the Central District of California

Virginia A. Phillips, District Judge, Presiding

Submitted October 12, 2021 * *

Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.

California state prisoner Timothy Deanore Wilkins appeals pro se from the

district court’s summary judgment for fa ilure to exhaust administrative remedies in

his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical

* 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). 

# FILED

OCT 18 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 20

- 55805

needs

. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Albino

v. Baca , 747 F.3d 1162, 11 68 (9th Cir. 2014) (e n banc)

. We affirm.

The district court properly granted summary judgment because Wilkins

failed to exhaust administrative remedies and failed to raise a genuine dispute of

material fact as to whether administrative remedies were effectively unavailable to

him. See Woodford v. Ngo , 548 U.S. 81, 90 (2006) ( explaining that proper

exhaustion requires “usi ng all steps that the agency holds out, and doing so

properly (so that the agency addresses the issues on the merits)” ( emphasis,

citation

, and internal quotation mark s omitted)); see also Ross v. Blake

, 136 S. Ct.

1850, 185 8

- 60 (2016) (setting forth circu mstances when administrative remedies

are effectively unavailable).

AFFIRMED.
S. 1868

One Hundred Tenth Congress

of the

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Thursday, 

the fourth day of January, two thousand and seven 

An Act 

To temporarily extend the programs under the Higher Education Act of 1965, 

and for other purposes.

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Second Higher Education Extension Act of 2007’’. 

SEC. 2. EXTENSION OF PROGRAMS. 

Section 2(a) of the Higher Education Extension Act of 2005 

(Public Law 109–81; 20 U.S.C. 1001 note) is amended by striking 

‘‘July 31, 2007’’ and inserting ‘‘October 31, 2007’’. 

SEC. 3. RULE OF CONSTRUCTION. 

Nothing in this Act, or in the Higher Education Extension 

Act of 2005 as amended by this Act, shall be construed to limit 

or otherwise alter the authorizations of appropriations for, or the 

durations of, programs contained in the amendments made by the 

Higher Education Reconciliation Act of 2005 (Public Law 109–

171) to the provisions of the Higher Education Act of 1965 and 

the Taxpayer-Teacher Protection Act of 2004.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
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   Ventures-National
Incorporation  d/b/a Titan General  Holdings Inc. (the "Company") on Form 10-QSB
for the quarter ended  November 30, 2003 filed with the  Securities and Exchange
Commission  (the  "Report"),  I,  Kenneth  Shirley,  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:

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

(2)     The information  contained in the Report fairly  presents,  in all
        material  respects,  the consolidated  financial  condition of the
        Company as of the dates presented and the  consolidated  result of
        operations of the Company for the periods presented.

                                    /s/ Kenneth Shirley

Date:    January 16, 2004           _____________________________________
                                    Kenneth Shirley
                                    Chief Executive Officer
                                    Ventures-National Incorporated

This  certification  has been  furnished  solely  pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002.
#### A. B. DeLUNA, Appellant, v. The STATE of Texas, Appellee.

No. 45264.

Court of Criminal Appeals of Texas.

Nov. 8, 1972.

Glenn B. Lacy, J. Kenneth Brewer, San Antonio, for appellant.

Ted Buter, Dist. Atty., Charles Roberts and Antonio G. Cantu, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State’s Atty., and Robert A. Huttash, Asst. State’s Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is driving a motor vehicle over the value of $200.00 without the owner’s consent; the punishment, three (3) years.

Appellant’s sole contention is “that the State failed to prove the automobile was over the value of Two Hundred ($200.00) Dollars by legal and competent evidence”.

The owner of the automobile testified without objection that he purchased the automobile three months before the theft for about $495.00 and that in his opinion the fair cash value of his car on the date of the theft was about $350.00.

In Tinsley v. State, Tex.Cr.App., 461 S.W.2d 605, we said:

> “We view the record sufficient to reflect the fair market value of the lawn mower in question was over the value of $50.00 as alleged in the indictment. This court has held that if the manner of proving value did not meet with the approval of the defendant, it was incumbent upon him to voice his objection at the time of the introduction of the testimony. Larkin v. State, 157 Tex.Cr.R. 284, 248 S.W.2d 134; Morris v. State, Tex.Cr.App., 368 S.W.2d 615; Ward v. State, Tex.Cr.App., 446 S.W.2d 304. No such *322objection was made nor was the probative value of the testimony relating to value questioned in the trial court.”

We have examined appellant’s pro se brief and conclude it contains no additional grounds of error which merit discussion.

Finding no reversible error, the judgment is affirmed.
EXHIBIT 23.1

                          Independent Auditors' Consent

The Board of Directors
Monmouth Community Bancorp:

We consent to the incorporation by reference in Registration Statement No.
333-100893 on Form S-8 of Monmouth Community Bancorp of our report dated
February 2, 2004 relating to the consolidated statements of financial condition
of Monmouth Community Bancorp and subsidiaries as of December 31, 2003 and 2002,
and the related consolidated statements of income, shareholders' equity, and
cash flows for the years then ended, which report appears in the Annual Report
on Form 10-KSB of Monmouth Community Bancorp for the year ended December 31,
2003.


                                    KPMG LLP

Short Hills, New Jersey
March 26, 2004
ACCEPTED

03-14-00484-CR

5218210

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/8/2015 4:14:02 PM

JEFFREY D. KYLE

CLERK

NO. 03-14-00484-CR 

STATEOFTEXAS § INTHE 

§ 

VS. § THIRD COURT 

§ 

MICHELLE ELAINE GAMBLES § OF APPEALS 

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF 

TO THE HONORABLE JUSTICES OF SAID COURT: 

Now comes MICHELLE ELAINE GAMBLES, Appellant in the above 

styled and numbered cause, and moves this Court to grant an extension of time to 

file appellant's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate 

Procedure, and for good cause shows the following: 

1. This case is on appeal from the County Court at Law Number 2 of 

Bell County, Texas. 

2. The case below was styled the STATE OF TEXAS vs. MICHELLE 

ELAINE GAMBLES, and numbered 2Cl3-07485. 

3. Appellant was convicted of Resisting Arrest. 

4. Appellant was assessed a sentence of 6 days on July 16, 2014. 

5. Notice of appeal was given on August 4, 2014. 

6. The clerk's record was filed on September 5, 2014; the reporter's 

record was filed on January 9, 2015. 

7. The appellate brief is presently due on May 8, 2015. 

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/8/2015 4:14:02 PM JEFFREY D. KYLE Clerk
8. Appellant requests an extension of time of 14 days from the present 

date, i.e. May 22, 2015. 

9. One extension to file the brief has been received in this cause. 

10. Defendant is currently free on bond. 

11. Appellant relies on the following facts as good cause for the requested 

extension: 

Counsel for Appellant has been preparing briefs in other cases, in addition to 

normal practice placing constraints on available time. 

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this 

Court grant this Motion To Extend Time to File Appellant's Brief, and for such 

other and further relief as the Court may deem appropriate. 

Respectfully submitted, 

BOBBY DALE BARlNA 

455 East Central Texas Expressway, Suite 

104 

Harker Heights, Texas 76548 

Tel: (254) 699-3755 

Fax: (254) 699-1074 

BobbyDaleBarina@BarinaLaw.com 

S e Bar No. 01738480 

bobbydalebarina@barinalaw.com 

Attorney for MICHELLE ELAINE 

GAMBLES 
CERTIFICATE OF SERVICE 

This is to certify that on May 8, 2015, a true and correct copy of the above 

and foregoing document was served on the County Attorney's Office, Bell County, 

Bell county Justice Complex, by fax to (254) 933-5150. 

-z ___ _ --- DALEBARINA 
STATE OF TEXAS 

COUNTY OF BELL 

§ 

§ 

§ 

AFFIDAVIT 

BEFORE ME, the undersigned authority, on this day personally appeared 

-BOBBY DALE BARINA, who after being duly sworn stated: 

"I am the attorney for the appellant in the above numbered and 

entitled cause. I have read the foregoing Motion To Extend Time to 

File Appellant's Brief and swear that all of the allegations of fact 

contained therein are true and correct." 

Af ant 

SUBSCRIBED AND SWORN TO BEFORE ME on fV!4 '1' 8 , 2015, 

'
# EXHIBIT 32

CERTIFICATION
Pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

We, the undersigned, certify that, to
the best of our knowledge, this quarterly report on Form 10-QSB for the quarter ended
March 31, 2005, of CAPITAL REALTY INVESTORS-85 LIMITED PARTNERSHIP, and containing the
financial statements, fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, and that the information contained in this quarterly
report fairly presents, in all material respects, the financial condition and results of
operations of the small business issuer.

|            |  | CAPITAL REALTY INVESTORS-85 LIMITED     PARTNERSHIP                                                                                                   
|----------- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------
|            |  | (Small Business Issuer)                                                                                                                               
|            |  | by:  C.R.I., Inc.                                                                                                                                     
|            |  | Managing General Partner                                                                                                                              
|May 4, 2005 |  | by:  /s/ William B. Dockser                                                                                                                           
|DATE        |  | William B. Dockser,
                  Director, Chairman of the Board,
                  and Treasurer
                  (Principal Executive Officer)
|May 4, 2005 |  | by:  /s/ Michael J. Tuszka                                                                                                                            
|DATE        |  | Michael J. Tuszka,
                  Vice President
                  and Chief Accounting Officer
                  (Principal Financial Officer)    

This
certification accompanies this quarterly report and is made solely for purpose of
18 U.S.C. Section 1350, subject to the knowledge standard contained therein, and not
for any other purpose, and shall not be deemed filed by the small business issuer for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
# template to be built
#### ELIZABETH A. NEULING v. THOMAS E. SEXTON.

December 18, 1985.

Petition for certification denied.
<PAGE>

                                                                    Exhibit 23.3

                         Independent Auditors' Consent

The Board of Directors
Contigo Software, Inc.:

   We consent to the use of our report included herein and to the reference to
our firm under the heading "Experts" in the prospectus.


                                             /s/ KPMG LLP

San Diego, California

July 24, 2000

                                       1
**EXHIBIT 31.2****EcologyCoatings, Inc.**CERTIFICATIONSI, **David W. Morgan**, certify that:     1. I have reviewed this report on Form 10-KSB for the year ended September 30, 2007 of EcologyCoatings, Inc.     2. Based on my knowledge, this report does not contain any untrue statement of a material factor 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 includedin this report, fairly present in all material respects the financial condition, results ofoperations 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 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 such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;          (b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; and          (c) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materially affected, or is reasonablylikely 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 recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing the equivalent functions):          (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information; and          (b) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal controls over financial reporting.   Date:December 19, 2007     /s/ David W. Morgan   **David W. Morgan**  Chief Financial Officer
<PAGE>

                                                                     EXHIBIT 4.5


                         CORRECTED CERTIFICATE OF TRUST

                                       OF

                            DEVON FINANCING TRUST II
                            ------------------------

This Corrected Certificate of Trust of Devon Financing Trust II hereby amends
the signature block to remove the reference to Devon Energy Corporation, which
is not a Trustee, but is the Sponsor of the Trust.  The Corrected Certificate of
Trust is set forth below:

     1.  The name of the business trust is:

                           DEVON FINANCING TRUST II.

     2.  The name and business address of the trustee having its principal place
of business in the State of Delaware are:

            The Bank of New York (Delaware)
            White Clay Center
            Route 273
            Newark, Delaware 19711.

     3.  This Certificate shall be effective upon the filing of the original
Certificate of Trust.

     Executed this 31/st/ day of October, 2000.

                                 THE BANK OF NEW YORK, a New York banking
                                 corporation

                                 By:  /s/ Van K. Brown
                                      ----------------------------------------
                                    Name:  Van K. Brown
                                    Title:  Vice President

                                 THE BANK OF NEW YORK (DELAWARE), a Delaware
                                 banking corporation

                                 By:  /s/ Michael Santino
                                      ----------------------------------------
                                    Name:  Michael Santino
                                    Title:  Senior Vice President

                                 /s/ J. M. Lacey
                                 ---------------------------------------------
                                 J. M. Lacey

                                 /s/ Darryl G. Smette
                                 ---------------------------------------------
                                 Darryl G. Smette

                                 /s/ William T. Vaughn
                                 ---------------------------------------------
                                 William T. Vaughn
[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Notices]
[Page 53696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21883]


=======================================================================
-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION


Notice of Agreement Filed

    The Commission hereby gives notice of the filing of the following 
agreement under the Shipping Act of 1984. Interested parties may submit 
comments on the agreement to the Secretary, Federal Maritime 
Commission, Washington, DC 20573, within ten days of the date this 
notice appears in the Federal Register. A copy of the agreement is 
available through the Commission's Web site (http://www.fmc.gov) or by 
contacting the Office of Agreements at (202)-523-5793 or 
<a href="/cdn-cgi/l/email-protection#f98d8b989d9c98979895808a908ab99f949ad79e968f"><span class="__cf_email__" data-cfemail="fb8f899a9f9e9a959a9782889288bb9d9698d59c948d">[email protected]</span></a>.
    Agreement No.: 011794-014.
    Title: COSCON/KL/YMUK/Hanjin Worldwide Slot Allocation & Sailing 
Agreement.
    Parties: COSCO Container Lines Company, Limited; Hanjin Shipping 
Co., Ltd.; Kawasaki Kisen Kaisha, Ltd.; and Yangming (UK) Ltd.
    Filing Party: Robert B. Yoshitomi, Esq.; Nixon Peabody LLP; 555 
West Fifth Street, 46th Floor; Los Angeles, CA 90013.
    Synopsis: The amendment updates references to EU law and permits 
less than the full membership to discuss and agree on matters 
authorized by the Agreement.

    By Order of the Federal Maritime Commission.

    Dated: August 27, 2010.
Rachel Dickon,
Assistant Secretary.
[FR Doc. 2010-21883 Filed 8-31-10; 8:45 am]
BILLING CODE 6730-01-P


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