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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-1097

In re: MICHAEL GORBEY,

Petitioner.

On Petition for Writ of Mandamus. (5:21-cr-00214-1)

Submitted: March 3, 2022 Decided: March 9, 2022

Before KING and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Michael S. Gorbey, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Michael Gorbey petitions for a writ of mandamus, asking us to order the district 

court to take certain actions in his criminal case. “[M]andamus is a drastic remedy that 

must be reserved for extraordinary situations.” In re Murphy-Brown, LLC, 907 F.3d 788, 

795 (4th Cir. 2018) (internal quotation marks and citations omitted). “Courts provide 

mandamus relief only when (1) petitioner ‘ha[s] no other adequate means to attain the relief 

[he] desires’; (2) petitioner has shown a ‘clear and indisputable’ right to the requested 

relief; and (3) the court deems the writ ‘appropriate under the circumstances.’” Id. (quoting 

Cheney v. U.S. Dist. Court, 542 U.S. 367, 380-81 (2004)). The writ of mandamus is not a 

substitute for appeal after final judgment. Will v. United States, 389 U.S. 90, 97 (1967); In 

re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007); cf. United States v. Sueiro, 

946 F.3d 637, 639 (4th Cir. 2020) (noting that in a criminal case, “this Court generally does 

not have appellate jurisdiction until after the imposition of a sentence”). 

We have reviewed Gorbey’s petition and amended petitions, and we conclude that 

he fails to show that he is entitled to mandamus relief. Accordingly, we deny the petition 

and amended petitions for a writ of mandamus.*

 We dispense with oral argument because 

the facts and legal contentions are adequately presented in the materials before this court 

and argument would not aid the decisional process.

PETITION DENIED

* To the extent Gorbey seeks recusal of prior judges, we deny his request as moot.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 17

- 3856

_____________________________
T HOMAS R ICARDO A VILA , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Columbia County

. Wesley R. Douglas , Judge

. May 2, 2018

P ER C URIAM

.
A FFIRMED

. O STERHAUS , W INOKUR , and M.K. T HOMAS , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9. 330 or 9.331

.

_____________________________2 Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant; Thomas Ricardo Avila, pro se, Appellant

. Pamela Jo Bondi, Attorney General, Tallahassee
, for Appellee

.
FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D2022-2031

LT Case No. 2022-33316-COCI

_____________________________

JACQUELINE JONES,

Appellant,

v.

CLYDE MORRIS LANDINGS 

PARTNERS, LTD d/b/a Clyde 

Morris Landings,

Appellee.

_____________________________

On appeal from the County Court for Volusia County.

Robert A. Sanders, Jr., Judge.

Jacqueline Jones, Daytona Beach, pro se.

William J. McCabe, Longwood, for Appellee.

April 30, 2024

PER CURIAM.

AFFIRMED.

EDWARDS, C.J., and MAKAR and MACIVER, JJ., concur.
2

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
Exhibit
      32.1





**CERTIFICATION
      BY THE PRINCIPAL EXECUTIVE OFFICER OF**


**THE
      MIDDLEBY CORPORATION**


**PURSUANT
      TO RULE 13A-14(b) UNDER THE EXCHANGE ACT AND**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)**





This
      certification is being furnished pursuant to Rule 13a-14(b) under the Securities
      Exchange Act of 1934, as amended (the "Exchange Act"), and 18 U.S.C. 1350,
      as
      adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.





I,
      Selim
      A. Bassoul, Chairman, President and Chief Executive Officer (principal executive
      officer) of The Middleby Corporation (the “Registrant”), certify, to the best of
      my knowledge, based upon a review of the Quarterly Report on Form 10-Q for
      the
      period ended July 1, 2006 of the Registrant (the “Report”), that:





(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
                aspects, the financial condition and results of operations of the
                Registrant.





Date:
      August 10, 2006





/s/
      Selim A. Bassoul


Selim
      A.
      Bassoul
[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Notices]
[Page 53334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21639]



[[Page 53334]]

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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLMT926000-10-L19100000-BJ0000-LRCME9R04643]


Notice of Filing of Plats of Survey; Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of filing of plats of survey.

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

SUMMARY: The Bureau of Land Management (BLM) will file the plat of 
survey of the lands described below in the BLM Montana State Office, 
Billings, Montana, September 30, 2010.

FOR FURTHER INFORMATION CONTACT: Marvin Montoya, Cadastral Surveyor, 
Branch of Cadastral Survey, Bureau of Land Management, 5001 Southgate 
Drive, Billings, Montana 59101-4669, telephone (406) 896-5124 or (406) 
896-5009.

SUPPLEMENTARY INFORMATION: This survey was executed at the request of 
the Bureau of Indian Affairs, Rocky Mountain Region, Billings, Montana, 
and was necessary to determine individual and Tribal trust lands.
    The lands we surveyed are:

Principal Meridian, Montana

T. 26 N., R. 46 E.

    The plat, in 1 sheet, representing the dependent resurvey of a 
portion of the west boundary, a portion of the subdivisional lines, 
the adjusted original meanders of the former left bank of the 
Missouri River, downstream, through sections 7 and 18, a portion of 
the subdivision of sections 7 and 18, a certain division of 
accretion line and the subdivision of section 7, the survey of the 
meanders of the present left bank of the Missouri River and 
informative traverse, downstream, through sections 7 and 18, the 
limits of erosion and informative traverse, downstream through 
sections 7 and 18 and certain division of accretion lines, Township 
26 North, Range 46 East, Principal Meridian, Montana, was accepted 
August 19, 2010.

    We will place a copy of the plat, in 1 sheet, and related field 
notes we described in the open files. They will be available to the 
public as a matter of information. If the BLM receives a protest 
against this survey, as shown on this plat, in 1 sheet, prior to the 
date of the official filing, we will stay the filing pending our 
consideration of the protest. We will not officially file this plat, in 
1 sheet, until the day after we have accepted or dismissed all protests 
and they have become final, including decisions or appeals.

    Authority: 43 U.S.C. Chap. 3.

    Dated: August 23, 2010.
Steven G. Schey,
Acting Chief Cadastral Surveyor, Division of Resources.
[FR Doc. 2010-21639 Filed 8-30-10; 8:45 am]
BILLING CODE 4310-DN-P
----

EXHIBIT 31.a

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 Annual Report of Black Gardenia Corp. (the "Company")on Form 10-KSB for the period ended December 31, 2004, as filed with theSecurities and Exchange Commission on the date hereof (the "Report"), I, HarryMiller, 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  Partnership.

 

| Date: April 15, 2005 | /s/ Harry Miller    _______________________    Harry Miller, Chief Executive Officer |
|----------------------|--------------------------------------------------------------------------------------|
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 04-1037

TOWN OF YEMASSEE MUNICIPAL COURT, Plaintiff - Appellee,
versus
NANCY D. JONAS, Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at Beaufort. Joseph E. Anderson, Jr., Chief District Judge; Sol Blatt, Jr., Senior District Judge. (CA-03-1508-9-08AJ) Submitted: March 11, 2004 Decided: March 18, 2004 Before WIDENER, WILKINSON, and MICHAEL, Circuit Judges. Affirmed in part and dismissed in part by unpublished per curiam opinion. Nancy D. Jonas, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Nancy D. Jonas seeks to appeal the district court’s order affirming the magistrate judge’s report and recommendation and dismissing her civil action for lack of jurisdiction. We dismiss the appeal in part for lack of jurisdiction because the notice of appeal was not timely filed as to this order. Parties are accorded thirty days after the entry of the district court’s final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5) or reopens the appeal period under Fed. R. App. P. 4(a)(6). This appeal period is “mandatory and jurisdictional.” Browder v. Dir., Dep’t of Corr. , 434 U.S. 257, 264 (1978) (quoting United States v. Robinson , 361 U.S. 220, 229 (1960)). The district court’s order that Jonas seeks to appeal was entered on the docket on October 30, 2003. The notice of appeal was filed on January 2, 2004. Because Jonas failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal to the extent that it pertains to this order. The notice of appeal is timely, however, as to the district court’s orders denying Jonas’s motions for rehearing en banc and her motion for leave to file a motion for a new trial. To the extent that Jonas is appealing these orders, we note that she- 3 - was warned in the briefing order that this court would not consider issues not specifically raised in her informal brief. See4th Cir. R. 34(b). Nonetheless, Jonas failed to raise any challenges to the district court’s orders denying her post-judgment motions in her informal brief and thus has failed to preserve any issues for our review. Accordingly, we affirm these orders for the reasons stated by the district court. See Yemassee Mun. Ct. v. Jonas , No. CA-03-1508-9-08AJ (D.S.C. filed Dec. 9, 2003 & entered Dec. 10, 2003; Jan. 2, 2004; Jan. 21, 2004). 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.

AFFIRMED IN PART , AND DISMISSED IN PART
#### BARRY C. JOHNSON v. BELFOUR BRAHAM AND NEW JERSEY TRANSIT BUS COMPANY.

September 5, 1985.

Petition for certification denied.
Exhibit
32




CERTIFICATION
OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL


OFFICER


PURSUANT
TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO




SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




The
undersigned hereby certifies, pursuant to, and as required by, 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
the Quarterly Report of National Investment Managers Inc. (the "Company") on
Form 10-Q/A for the period ended March 31, 2008 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,
as amended, and that information contained in such Quarterly Report on Form
10-QSB fairly presents, in all material respects, the financial condition and
results of operations of the Company.





Dated: March 17,
      2009
                    /s/
      Steven RossSteven
      RossChief
      Executive OfficerDated:
      March 17, 2009
                    /s/
      Christopher W. LarkinChristopher
      W. LarkinChief
      Financial
Officer
# News

## U.S. Air Force LogoUnited States Air Force

# Enlisted nursing commissioning programs accepting applications

              - Published  Dec. 29, 2016
              -                             By Kat Bailey                                                    
              - Air Force Personnel Center Public Affairs

**JOINT BASE SAN ANTONIO-RANDOLPH, Texas (AFNS) --  **
The Nurse Enlisted and Direct Enlisted Commissioning Programs are accepting applications from active duty enlisted Airmen through Jan. 27, 2017, for the April selection boards.

 

NECP offers the opportunity to earn a baccalaureate degree in nursing at a college or university with an Air Force Reserve Officer Training Corps detachment or a college or university with a "cross-town agreement." Applicants are required to attend school year-round in a resident-based program for up to 24 consecutive calendar months, to include summer sessions. Airmen selected by the NECP board will start school in fall 2017.

 

The DEC program allows Airmen to commission into the Nurse Corps if they already possess a nursing degree and have passed the National Council Licensure Examination, or NCLEX.

 

“Qualified, dedicated nurses are critical to the military and civilian communities,” said Maj. Karen Jackson, Nurse Education program manager at the Air Force Personnel Center. “Candidates go through rigorous screening to identify those who are ready for the responsibility and highly likely to succeed in the school and career field.”

 

To be considered for the NECP or DEC boards, applicants must be U.S. citizens with rank of senior airman or higher and no more than 10 years total active federal service (12 years for DEC) as of April 30, 2017. In addition, Airmen must meet time-on-station and retainability requirements, possess current security clearances, be worldwide qualified and commissioned by age 42. 

 

Upon successful completion of their degrees, Airmen who pass the NCLEX and receive their nursing licenses will be commissioned. Both DEC and NECP candidates will then attend Commissioned Officer Training and the Nurse Transition Program, and move to a final assignment location.

 

For complete application instructions and requirements, visit myPers. Select “Active Duty Enlisted” from the dropdown menu and search “NECP” or “DEC.” 

For more information about Air Force personnel programs, go to myPers. Individuals who do not have a myPers account can request one by following these instructions.

medicalcommissioningNECPDECCOTAFPC
<PAGE>

                                                                    EXHIBIT 4.22



                            [LETTERHEAD OF INSYNQ]
                       Your Internet Utility Company(TM)

October 2, 2000




     RE: Extension of the filing by Insynq, Inc. (the "Company") of the
     Registration Statement on Form SB-2 (the "Registration Statement")

To the parties attached on Exhibit A hereto:
                           ---------

     Due to our need for additional financing, we request that you, the
undersigned stockholder of the Company, agree to extend the filing date of the
Registration Statement which is required under your applicable Registration &
Repurchase Agreement to no later than October 13, 2000.

     If you agree to this extension, please sign below and return this executed
letter to Lisa A. Genecov, Locke Liddell & Sapp LLP, 2200 Ross Avenue, Suite
2200, Dallas, Texas, 75201.

                                        Best Regards,


                                        //s//

                                        John P. Gorst
                                        President and Chief Executive Officer

The undersigned hereby consents to extend the filing of the Registration
Statement to no later than October 13, 2000.

                                    PLAZACORP INVESTMENTS LIMITED

                                    /s/ Anthony Heller
                                    -----------------------------
                                    By:__________________________
                                    Name: ANTHONY HELLER
                                          -----------------------
                                    Title: President
                                           ----------------------
Exhibit
32.1





CERTIFICATION
BY THE PRINCIPAL EXECUTIVE OFFICER OF


THE
MIDDLEBY CORPORATION


PURSUANT
TO RULE 13A-14(b) UNDER THE EXCHANGE ACT AND


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)





This
certification is being furnished pursuant to Rule 13a-14(b) under the Securities
Exchange Act of 1934, as amended (the "Exchange Act"), and 18 U.S.C. 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.





I, Selim
A. Bassoul, Chairman, President and Chief Executive Officer (principal executive
officer) of The Middleby Corporation (the “Registrant”), certify, to the best of
my knowledge, based upon a review of the Quarterly Report on Form 10-Q for the
period  ended April 3, 2010 of the Registrant (the “Report”),
that:





(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
      aspects, the financial `condition and results of operations of the
      Registrant.





Date:  May
13, 2010





/s/ Selim A. BassoulSelim
      A. Bassoul
##### 



Exhibit 32.1 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PEOPLES FINANCIAL CORPORATION
PURSUANT TO 18 U.S.C. ss. 1350 I, Chevis C. Swetman, Chairman, President and Chief Executive Officer of
Peoples Financial Corporation (the Company), hereby certify that the
accompanying report on Form 10-Q for the period ending March 31, 2004 and filed
with the Securities and Exchange Commission on the date hereof pursuant to
Section 13(a) of the Securities Exchange Act of 1934 (the Report) by the
Company fully complies with the requirements of that section. I further certify that the information contained in the Report fairly presents,
in all material aspects, the financial operations and results of operations of
the Company. By:
    /s/ Chevis C. SwetmanChevis C. Swetman,Chairman, President and Chief Executive OfficerDate: May 13, 2004
#### STATE v. SCURLOCK

No. 166P01

Case below: 142 N.C. App. 214

Petition by defendant pro se for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 5 April 2001.
**Exhibit
        32.1 - Certification of Chief Executive Officer of Bluegate
        Corporation pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and
        Section 1350 of 18 U.S.C. 63.**





I,
      Manfred Sternberg, the Chief Executive Officer of Bluegate Corpoation, hereby
      certify that Bluegate Corpoation's periodic report on Form 10-QSB, for the
      period ending June 30, 2004, fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934, and that information
      contained in the periodic report on Form 10-QSB fairly presents, in all material
      respects, the financial condition and results of the operations of Bluegate
      Corpoation.








Date:
                August 29, 2005
            /s/
                Manfred SternbergManfred
                SternbergChief
                Executive Officer






II-5
[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Notices]
[Page 52780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21320]


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

EXECUTIVE OFFICE OF THE PRESIDENT

Office of National Drug Control Policy


Designation of Nine Counties as High Intensity Drug Trafficking 
Areas

ACTION: Notice.

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

SUMMARY: The Director of the Office of National Drug Control Policy 
designated nine additional counties as High Drug Trafficking Areas 
pursuant to 21 U.S.C. 1706. The new counties are (1) Shelby County in 
Tennessee as part of the Gulf Coast HIDTA, (2) Navajo County in Arizona 
as part of the Southwest Border HIDTA--Arizona Region, (3) Jefferson 
County in New York as part of the New York/New Jersey HIDTA, (4) 
Mecklenburg, Gaston, Union Buncombe, Henderson, and McDowell Counties 
in North Carolina as part of the Atlanta HIDTA.

FURTHER INFORMATION: Question regarding this notice should be directed 
to Mr. Arnold Moorin, National HIDTA Program Director, Office of 
National Drug Control Policy, Executive Office of the President, 
Washington, DC 20503. (202) 368-8423.

    Signed at Washington, DC, this 18th day of August 2010.
Daniel R. Petersen,
Deputy General Counsel.
[FR Doc. 2010-21320 Filed 8-26-10; 8:45 am]
BILLING CODE 3180-02-P
<PAGE>
                                                                    Exhibit 23.4

                      CONSENT OF INDEPENDENT ACCOUNTANTS

     We hereby consent to the use in this Registration Statement on Form S-4 of
our report dated October 12, 1998, except for Note P which is dated May 15,
2000, relating to the financial statements of Aviation Group, Inc., which
appears in such Registration Statement. We also consent to the reference to us
under the headings "Experts" in such Registration Statement.


/s/ PricewaterhouseCoopers LLP

PricewaterhouseCoopers LLP


Dallas, Texas
September 26, 2000
<PAGE>


                      [PRICEWATERHOUSECOOPERS LETTERHEAD]



                      CONSENT OF INDEPENDENT ACCOUNTANTS



We hereby consent to the incorporation by reference in this Registration
Statement on Form S-4 of Aviation Group, Inc. of our report dated December 2,
1999, on our audits of the consolidated financial statements of travelbyus.com,
ltd., of our report dated November 23, 1999, on our audits of the financial
statements of Express Vacations, LLC, of our report dated January 28, 2000 on
our audits of the financial statements of Cheap Seats Inc. and of our report
dated April 12, 2000 relating our audits of the financial statements of Cruise
Shoppes America, Ltd. which appear in the above noted Registration Statement.
We also consent to the references to our firm under the heading "Experts" and
"Selected Financial Data."

/s/ PricewaterhouseCoopers LLP

Vancouver, Canada
October 9, 2000
Exhibit 13.1

CERTIFICATION BY PRINCIPAL EXECUTIVE OFFICER 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 Annual Report on Form 20-F of Aurelia Energy N.V. (the "Company") for the period ending December 31, 2004, as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Hugo Heerema, certify that to the best of my knowledge:

Date
March 30, 2005

| |  | By: | /s/HUGO HEEREMA                                      
| |  | --- | -----------------------------------------------------
| |  |     | Hugo Heerema Managing Director
Bluewater Holding B.V.

1

---



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