alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

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

without oral argument. See Fed. R. App. P. 34(a)(2).

KAD/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

WENLI GU; NA SHING LI,

 Petitioners,

 v.

ERIC H. HOLDER Jr., Attorney General,

 Respondent.

No. 07-72375

Agency Nos. A098-449-230

 A098-449-231

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 16, 2010** 

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.

Wenli Gu and her husband Na Shing Li, natives and citizens of China,

petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing

Gu’s appeal from an immigration judge’s (“IJ”) decision denying their application

FILED

FEB 24 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
KAD/Research 2 07-72375

for asylum, withholding of removal, and protection under the Convention Against

Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for

substantial evidence, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir. 2008), and

we dismiss in part and deny in part the petition for review.

We lack jurisdiction over the petition for review with respect to Li’s claims

because he failed to join Gu’s appeal to the BIA, see Barron v. Ashcroft, 358 F.3d

674, 677-78 (9th Cir. 2004), and accordingly dismiss in part as to Li’s claims. 

In her opening brief, Gu did not challenge the agency’s dispositive

determination that her asylum claim is time-barred. See Martinez-Serrano v. INS,

94 F.3d 1256, 1259 (9th Cir. 1996) (issues not supported by argument are deemed

abandoned).

Substantial evidence supports the IJ’s adverse credibility determination as to

past persecution because the inconsistencies regarding Gu’s employment history,

removal of her IUD, and the number of her forced abortions go to the heart of her

claim. See Li v. Ashcroft, 378 F.3d 959 (9th Cir. 2004). Substantial evidence also

supports the IJ’s finding that Gu failed to establish a clear probability of

persecution. See Fakhry v. Mukasey, 524 F.3d 1057, 1065-66 (9th Cir. 2008). 

Accordingly, Gu’s withholding of removal claim fails. 
KAD/Research 3 07-72375

Because Gu’s CAT claim is based on the testimony the IJ found not credible,

and she points to no other evidence to show it is more likely than not she would be

tortured if returned to China, her CAT claim fails. See Kohli v. Gonzales, 473 F.3d

1061, 1071 (9th Cir. 2007). 

PETITION FOR REVIEW DISMISSED in part; DENIED in part.
##### 



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 Winston Hotels, Inc. (the Company)
on Form 10-Q for the period ending June 30, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Robert W.
Winston, III, President and Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
Sarbanes-Oxley Act of 2002, to my knowledge, 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 results of operations of the Company.

|       |  |                                       | 
|------ |  | ------------------------------------- | 
|       |  | /s/ Robert W. Winston III            
|       |  |                                      
|Name:  |  | Robert W. Winston, III               
|Title: |  | President and Chief Executive Officer
|       |  |                                      
|Date:  |  | August 13, 2003                      

34
SECURITIES AND EXCHANGE COMMISSION

                             Washington, D.C. 20549

                              FORM 10-QSB/A (No. 1)

(Mark One)
[X]      Quarterly report under Section 13 or 15(d) of the Securities Exchange
         Act of 1934 For the quarterly period ended June 30, 1998

[  ]     Transition report under Section 13 or 15(d) of the Exchange Act
         For the transition period from ___________ to ___________

                         Commission file number 0-26192

                           Coda Music Technology, Inc.
        (Exact Name of Small Business Issuer as Specified in its Charter)

Minnesota                                                   41-1716250
(State or Other Jurisdiction                                (I.R.S. Employer
Incorporation or Organization                               Identification No.)

                                 6210 Bury Drive
                       Eden Prairie, Minnesota 55346-1718
                    (Address of Principal Executive Offices)

                                 (612) 937-9611
                (Issuer's Telephone Number, Including Area Code)


              (Former Name, Former Address and Former Fiscal Year,
                          if Changed Since Last Report)

Check whether the issuer: (1) filed all reports required to be filed by Section
13 or 15(d) of the Exchange Act during the past 12 months (or for such shorter
period that the registrant was required to file such reports), and (2) has been
subject to such filing requirements for the past 90 days.

Yes  X    No

As of August 10, 1998, there were 6,199,732 shares of Common Stock outstanding.

Transitional Small Business Disclosure Format (check one):

Yes       No    X   



<PAGE>






Item 6.  Exhibits and Reports on Form 8-K.

         (a)  Exhibits:  See Exhibit Index on page following Signature page

         (b)  Reports on Form 8-K: No reports on Form 8-K were filed by the 
         registrant during the quarter ended June 30, 1998.






                                   SIGNATURES



         Pursuant to the requirements of the Securities Exchange Act of 1934,
the registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.



Date: November 9, 1998                          CODA MUSIC TECHNOLOGY, INC.



                                                By: /s/ Ronald B. Raup  
                                                Ronald B. Raup, President and
                                                Chief Operating Officer


                                                By: /s/ Barbara S. Remley
                                                Barbara S. Remley
                                                Chief Financial Officer



<PAGE>






                                  EXHIBIT INDEX



                              FORM 10-QSB/A (No. 1)



                              For the Quarter Ended

                                  June 30, 1998







Exhibit
Number   Description

   27    Amended Financial Data Schedule (filed in electronic format only)
ADVANTA                                                Advanta
                                                       Mortgage
                                                       500 Office Center Drive
                                                       Suite 400
                                                       Fort Washington, PA 19034
                                                       215-263-4200






       REPORT OF MANAGEMENT ON COMPLIANCE WITH MINIMUM SERVICING STANDARDS


As of and for the year ended December 31, 1996,  Advanta Mortgage Corp. USA has
complied with the minimum servicing  standards set forth in the Mortgage Bankers
Association  of  America's  UNIFORM  SINGLE  ATTESTATION  PROGRAM  FOR  MORTGAGE
BANKERS.  As of and for this same  period,  Advanta  Mortgage  Corp.  USA had in
effect  fidelity bond  coverage  in the  amount of $15  million  and  mortgage
contingent liability protection coverage in the amount of $2 million


/s/ William P. Garland                  /s/ James L. Shreero
William P. Garland                      James L. Shreero
Senior Vice President                   Vice President
Loan Servicing Officer                  Finance and Accounting






                                               Advanta Mortgage is a Division of
                                               Colonial National Bank USA
                                               (Logo)
                                               Equal Housing
                                               Lender





                       QUALITY SERVICE IS OUR ADVANTage.
I 

110TH CONGRESS 

1ST SESSION H. R. 1607 

To amend the Immigration and Nationality Act to provide for the automatic 

acquisition of citizenship by certain individuals born in Korea, Vietnam, 

Laos, Kampuchea, or Thailand. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2007 

Mr. MICHAUD introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to provide 

for the automatic acquisition of citizenship by certain 

individuals born in Korea, Vietnam, Laos, Kampuchea, 

or Thailand. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR 

4 CERTAIN IMMIGRANTS BORN IN KOREA, 

5 VIETNAM, LAOS, KAMPUCHEA, OR THAILAND. 

6 (a) IN GENERAL.—Title III of the Immigration and 

7 Nationality Act is amended by inserting after section 320 

8 (8 U.S.C. 1431) the following new section: 


bajohnson on PROD1PC77 with BILLS
2 

•HR 1607 IH

1 ‘‘CERTAIN IMMIGRANTS BORN IN KOREA, VIETNAM, LAOS, 

2 KAMPUCHEA, OR THAILAND; CONDITIONS UNDER

3 WHICH CITIZENSHIP AUTOMATICALLY ACQUIRED

4 ‘‘SEC. 321. A person automatically becomes a citizen 

5 of the United States when the person is residing in the 

6 United States and has been lawfully admitted for perma7 nent residence in the United States pursuant to a classi8 fication petition approved under section 204(f).’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 of the Immigration and Nationality Act is amended by in11 serting after the item relating to section 320 the following 

12 new item: 

‘‘Sec. 321. Certain immigrants born in Korea, Vietnam, Laos, Kampuchea, or 

Thailand; conditions under which citizenship is automatically 

acquired’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect 120 days after the date of 

15 the enactment of this Act. 

Æ 


bajohnson on PROD1PC77 with BILLS
#### Anthony MAIORANO, Petitioner, v. STATE of Florida, Respondent.

No. 1D10-0323.

District Court of Appeal of Florida, First District.

Oct. 6, 2010.

Anthony Maiorano, pro se, Petitioner.

Bill McCollum, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

The petition is granted and Anthony Maiorano is hereby afforded a belated appeal from judgment and sentence in Wa-kulla County Circuit Court case number 07-366-CFA. Upon issuance of mandate in this cause, a copy of this opinion will be provided to the clerk of the circuit court who shall treat it as a notice of appeal. Fla. R.App. P. 9.141(c)(5)(D).

Counsel shall be appointed for petitioner in the direct appeal if he qualifies for such an appointment.

BENTON, THOMAS, and ROWE, JJ„ concur.
#### L. N. Brunswig & Co. v. Nat Kramer.

(No. 3407.)

Appeal from Tarrant County.

Opinion by

Watts, J.

§ 803. *Depositions; an objection that an interrogatory is leading is an objection to manner and form of taking, etc.*Appellants brought this suit in justice’s court *707against appellee, on an account for merchandise sold, etc., and recovered judgment for $3.71.80, the amount sued for. Appellee appealed to the county court, where the case was tried by the judge without a jury. Appellants’ evidence consisted mainly of the testimony of Brunswig, taken by deposition. This testimony was rejected, upon objection made thereto by appellee,-because the interrogatories to Brunswig were leading. After its rejection, the court rendered judgment for appellee, because the evidence to prove appellants’ cause of action was insufficient. *Held:*The objection tó the depositions of Brunswig, that the interrogatories were leading, was an objection to the manner and form of taking the depositions, and could only be made in the manner prescribed by the statute. [R. S. art. 2235; Mills v. Herndon, 60 Tex. 353.]

§ 804. *Pleadings in justice's court; liability for goods ordered; measure of recovery in such case.*The case made by the evidence is that appellee, a saloon-keeper in Fort Worth, had appellants, druggists in the same city, to order for him from New York, a lot of plate glass of specified dimensions, with appellee’s monogram engraved thereon. When the glass arrived, appellants demanded payment therefor of appellee, the sum demanded being $171.81, which appellants claimed was the reasonable market value of the goods in Fort Worth. Appellee refused payment, and refused to accept the glass. The glass is worthless to any one except appellee, because of its dimensions and his monogram, and cannot be sold. Its market value in Fort Worth, if it had not been made especially for appellee, would have been the amount sued for, and this market value appellants sought to recover. Upon this state of facts, the trial court was of opinion that this action could not be maintained. *Held:*Pleadings in justices’ courts are not required to be in writing, except certain special pleadings provided by statute, and great liberality is indulged with respect to the proceedings in said courts, the real object of the law being *708to attain substantial justice. Hence, although technically considered, this would be considered an action on account for goods sold, etc., nevertheless, it being made to appear by the evidence that appellants have a 'substantial right of action, they are entitled to relief appropriate to the case, as made by the evidence. Ordinarily, in a case like this, the plaintiff would be entitled to recover the cost and carriage of the goods, together with a reasonable compensation for his trouble in ordering and receiving the same. If, however, the general custom among traders, at the place where the order is made, be that the trader engaged to make the order is entitled to the market value of the goods at said place, this would be the measure of recovery.

May 4, 1885.

Reversed and remanded.
#### Western Union Telegraph Co. v. Blanton & Nunnally.

(No. 2709.)

Appeal from Rusk County.

W. O. Buford, counsel for appellant.

N. B. Morris, counsel for appellee.

Opinion by

Hurt, J.

§ 347. *Certiorari; motion to dismiss must be made and also presented at the return term or it cannot be entertained.*Appellees having recovered a judgment in justice’s court against appellant, the latter removed the cause to the county court by *certiorari.*In the county court, appellee, at the term of the *certiorari,*filed a motion to dismiss the proceeding, but did not present said motion to the court at said term for action. After several terms of said court had elapsed after the [filing of said motion, appellee presented the same to the court for action thereon, and the court sustained the motion and dismissed the *certiorari,*etc. *Held*error. A motiQn to dismiss a *certiorari*cannot be entertained unless made *417at the return term of the *certiorari.*[R. S. art. 311.] Merely filing such motion is not sufficient. It must be presented to the court, and action thereon demanded at said return term.

November 23, 1887.

Reversed and remanded.
#### STATE ex rel. Kelvin Ray SMITH v. STATE of Louisiana.

No. 2010-KH-0139.

Supreme Court of Louisiana.

Jan. 7, 2011.

In re Smith, Kelvin Ray; —Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. K, No. 2-80-296.

Denied. La.C.Cr.P. art. 930.8; *State ex rel. Glover v. State,*93-2330 (La.9/5/95), 660 So.2d 1189; cf. La.C.Cr.P. art. 930.4(D).
[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Notices]
[Page 60124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24407]


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

 FEDERAL MARITIME COMMISSION


Ocean Transportation Intermediary License Revocations

    The Federal Maritime Commission hereby gives notice that the 
following Ocean Transportation Intermediary licenses have been revoked 
pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. Chapter 
409) and the regulations of the Commission pertaining to the licensing 
of Ocean Transportation Intermediaries, 46 CFR Part 515, effective on 
the corresponding date shown below:

    LICENSE NUMBER: 003555F.
    NAME: Thomas Griffin International, Inc.
    ADDRESS: 15903 Kent Ct., Tampa, FL 33647.
    DATE REVOKED: September 9, 2010.
    REASON: Surrendered license voluntarily.

    LICENSE NUMBER: 019206NF.
    NAME: Fun N Stuff International USA, Inc. dba Air Ocean Land 
Transport Logistics Inc.
    ADDRESS: 13169 Alta Vista Way, Sylmar, CA 91342.
    DATE REVOKED: September 16, 2010.
    REASON: Surrendered license voluntarily.

    LICENSE NUMBER: 020934N.
    NAME: D.L. International Logistics Inc.
    ADDRESS: 3500 NW 115th Avenue, Doral, FL 33178.
    DATE REVOKED: August 23, 2010.
    REASON: Failed to maintain a valid bond.


Sandra L. Kusumoto,
Director, Bureau of Certification and Licensing.
[FR Doc. 2010-24407 Filed 9-28-10; 8:45 am]
BILLING CODE 6730-01-P
#### Gus LANIER, Appellant, v. The STATE of Florida, Appellee.

Nos. 3D12-1513, 3D12-1515.

District Court of Appeal of Florida, Third District.

Sept. 19, 2012.

Gus Lanier, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

Before CORTEÑAS, ROTHENBERG, and FERNANDEZ, JJ.

PER CURIAM.

Affirmed. Consistent with this court’s opinion in case number 3D12-520, reported as *Lanier v. State,*83 So.3d 732 (Fla. 3d DCA 2012), appellant is ordered to show good cause, within thirty days, why he should not be prohibited from filing further pro se pleadings with this Court.
Filed: October 17, 1996 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-6228 (CA-94-978-5-BR) Robert Lee Davis, Petitioner - Appellant, versus Hubert Stone, Respondent - Appellee.

ORDER The Court amends its opinion filed July 31, 1996, as follows: On the cover sheet, section 3, line 2 -- "W. Earl Britt" is corrected to read "Malcolm J. Howard ." For the Court - By Direction /s/ Patricia S. Connor Clerk2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-6228 ROBERT LEE DAVIS, Petitioner - Appellant, versus HUBERT STONE, Respondent - Appellee.Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-94-978-5-BR) Submitted: July 23, 1996 Decided: July 31, 1996 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Lee Davis, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).3 PER CURIAM: Appellant seeks to appeal the district court's orders denying relief on his habeas corpus petition, 28 U.S.C. § 2254 (1988), as amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1217, and denying his motion for reconsideration. We have reviewed the record and the district court's opinions and find no reversible error. Accordingly, we deny a certificate of probable cause to appeal; to the extent that acertificate of appealability is required we deny such a certificate. We dismiss the appeal on the reasoning of the district court. Davis v. Stone, No. CA-94-978-5-BR (E.D.N.C. Jan. 26, 1996). 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
# Fourth Court of Appeals San Antonio, Texas

October 5, 2018

No. 04

- 17

- 00637

- CV

MELLENBRUCH FAMILY PARTNERSHIP, LP

,

Appellant

v.

Annette Louise Klattenhoff KENNEMER , Naomi Klattenhoff Peters, William Young, Carolyn Young, Carla Schreiber & Carl W. Matteck,

Appellees

From the 81st Judicial District Court , La Salle County, Texas

Trial Court No. 16

- 03

- 00029

- CVL Honorable Donna S. Rayes, Judge Presiding



### O R D E R

On August 29, 2018 , this court issued a memorandum opinion affirming the trial court’s judgment on the deed construction, adverse possession, and trespass

- to

- try

- title questions, but reversing the award of attorney’s fees.

On October 1 , 201 8 , the parties filed an “Agreement and Stipulation” that unconditionally waived and abandoned all parties’ rights to any further appellate review by this court or the Supreme Court of Texas. See T EX

. R. A PP

. P. 49.1, 49.7 , 53.1

. The parties not e that their agreement “will allow this Court to promptly issue its Mandate to the trial court below.”

We construe the “Agreement and Stipulation” to include an agreed motion for this court to issue its mand ate immediately. See id. R. 18.1(c).

The parties’ agree d motion is GRANTED; w e direct the clerk of this court to issue the mandate immediately. See id. R. 18.1.

_________________________________ Patr icia O. Alvarez, JusticeIN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 5th day of October, 201 8

.

________________________________ ___ KEITH E. HOTTLE

, Clerk of Court
I 

110TH CONGRESS 

1ST SESSION H. R. 1512 

To amend the Immigration and Nationality Act to provide for compensation 

to States incarcerating undocumented aliens charged with a felony or 

two or more misdemeanors. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2007 

Ms. LINDA T. SA ́NCHEZ of California (for herself, Mrs. MCCARTHY of New 

York, Mr. SCHIFF, Mr. GRIJALVA, Mr. BERMAN, Mrs. BONO, Mr. 

CARDOZA, Mr. LANTOS, Ms. HARMAN, Ms. WATSON, Mr. SHERMAN, Mrs. 

NAPOLITANO, Mr. BACA, Ms. WOOLSEY, Mrs. DAVIS of California, Ms. 

SOLIS, Mr. GEORGE MILLER of California, Mr. AL GREEN of Texas, Mrs. 

TAUSCHER, Ms. ZOE LOFGREN of California, Mr. MCDERMOTT, Ms. 

MATSUI, Mr. GUTIERREZ, Mr. FARR, Mr. HIGGINS, Mr. CROWLEY, and 

Mr. KAGEN) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to provide 

for compensation to States incarcerating undocumented 

aliens charged with a felony or two or more misdemeanors. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

mstockstill on PROD1PC66 with BILLS

2 

•HR 1512 IH

1 SECTION 1. ASSISTANCE FOR STATES INCARCERATING UN2 DOCUMENTED ALIENS CHARGED WITH CER3 TAIN CRIMES. 

4 Section 241(i)(3)(A) of the Immigration and Nation5 ality Act (8 U.S.C. 1231(i)(3)(A)) is amended by inserting 

6 ‘‘charged with or’’ before ‘‘convicted’’. 

Æ 

mstockstill on PROD1PC66 with BILLS