alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
f r ' IN THE SUPREME COURT OF THE STATE OF MONTANA

ELLIOTT TRAVIS BACON.

Petitioner,
v. CAPTAIN ROGER BODINE, OP 21-0073



# FILED MAR 0 2 2021

Bowen C3

reenwood Clerk of Supreme Court State of Montana Yellowstone County Detention Center,

Respondent. ORDER

Elliott Travis Bacon has filed aPetition for a WritofHabeas Corpus,indicating that his incarceration is illegal. Bacon raises two challenges. First, he claims that he is erroneously charged because "they have [his] name on [his] twin Brother[']s Social Security Number. In the Police Reports and charging documents." Second, due to the limited transport of inmates and his lengthy incarceration, he contends that he was not provided proper medical attention after contracting the COVID-19. Bacon requests his release and reinstatement ofhis parole. As a petitioner, Bacon carries the "burden ofproof or the burden of persuasion." In re Hart, 178 Mont. 235,249,583 P.2d 411,419(1978). Bacon has not met his burden ofproof for this Court to issue a writ ofhabeas corpus. Bacon provides no information about his charges, parole revocation, or the District Court where he is being prosecuted. Bacon must prove "the violation,deprivation, infringement,or denial ofhis constitutional, statutory, or legal rights generally, or denial of due process of law[d" In re Hart, 178 Mont.at 250,583 P.2d at 419. He has not done so. Montana's statute for habeas corpus reliefprovides that a court may inquire into the cause ofrestraint or incarceration. Section 46-22-101(1), MCA. Bacon has not provided any facts to support a legal claim. Bacon has not clearly articulated any argument about illegal restraint,want ofbail,or other claims viable warranting habeas corpus relief. Upon 03/02/2021

Case Number: OP 21-0073review of the little information presented, Bacon is not entitled to release from the

Yellowstone County Detention Center or reinstatement ofhis parole. He has not carried his burden or presented a record sufficient to make a prima facie showing ofthe illegality ofhis incarceration. Section 46-22-101(1),MCA. Therefore, IT IS ORDERED that Bacon's Petition for a Writ of Habeas Corpus is DENIED without prejudice. The Clerk of the Supreme Court is directed to provide a copy of this Order to Captain Roger Bodine,to counsel ofrecord,and to Elliott Travis Bacon personally. DATED this 2, day ofMarch,2021.

ChiefJustice
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<partyblock><br><br><div align="center"><b><font size="+1">New Millennium Medical Imaging, P.C., as Assignee of Curtis Sankar Guevarro, Appellant,<br><br>against<br><br>M.V.A.I.C., Respondent. </font></b></div><br><br><p>Law Offices of Damin J. Toell, P.C. (Damin J. Toell of counsel), for appellant.Marshall &amp; Marshall, PLLC (Tracy Bader Pollack of counsel), for respondent.</p><p>Appeal from an order of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered January 27, 2017. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.</p><p>ORDERED that the order is affirmed, with $25 costs.</p><p>In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted a motion by defendant Motor Vehicle Accident Indemnification Corporation (sued herein as M.V.A.I.C.) for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.</p><p>Since plaintiff's assignor was aware of the identity of the owner of the vehicle which struck plaintiff's assignor at the time of the accident, plaintiff, as assignee, was required to exhaust its remedies against the vehicle's owner before seeking relief from defendant (<i>see Hauswirth v American Home Assur. Co.</i>, 244 AD2d 528 [1997]; <a href="../2014/2014_50414.htm" target="_blank"><i>Compas Med., P.C. v MVAIC</i>, 42 Misc 3d 150</a>[A], 2014 NY Slip Op 50414[U] [App Term, 2d Dept, 2d, 11th &amp; 13th Jud Dists 2014]). Here, plaintiff did not demonstrate that it had exhausted its remedies against the owner of the vehicle (<a href="../2011/2011_51878.htm" target="_blank"><i>see BLR Chiropractic, P.C. v MVAIC</i>, 33 Misc 3d 131</a>[A], 2011 NY Slip Op 51878[U] [App Term, 2d Dept, 2d, 11th &amp; 13th Jud Dists 2011]; <a href="../2011/2011_52517.htm" target="_blank"><i>see also BLR Chiropractic, P.C. v MVAIC</i>, 36 Misc 3d 129</a>[A], 2011 NY Slip Op 52517[U] [App Term, 2d <font color="FF0000">[*2]</font>Dept, 2d, 11th &amp; 13th Jud Dists 2011]).</p><p>Accordingly, the order is affirmed.</p><p>PESCE, P.J., WESTON and ALIOTTA, JJ., concur.</p><br>ENTER:<br>Paul Kenny<br>Chief Clerk<br>Decision Date: August 02, 2019<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
Exhibit 35.4  LOGO 2018 Annual Statement of Servicer Compliance (Item 1123) Pooling and Servicing Agreement (the Pooling and Servicing Agreement) dated as of August 1, 2014 by and among Morgan Stanley
Capital I, Inc. as Depositor, Wells Fargo Bank, National Association as Master Servicer, Rialto Capital Advisors, LLC as Special Servicer, Citibank, N.A. as Trustee, Certificate Administrator, Certificate Registrar and Authenticating Agent,
Wells Fargo Bank, National Association as Custodian and Pentalpha Surveillance LLC as Trust Advisor, relating to Morgan Stanley Bank of America Merrill Lynch Trust 2014-C17, Commercial Mortgage Pass-Through
Certificates, Series 2014-C17 (MSBAM 2014-C17) The undersigned, a
duly authorized officer of Rialto Capital Advisors, LLC, as special servicer (the Special Servicer) herein certifies to the following:  1.
All servicing activities and performance of such servicing activities under the Pooling and Servicing Agreement
are performed on behalf of the Special Servicer.  2.
A review of the servicing activities and performance by the Special Servicer for the period of January 1,
2018 to December 31, 2018 (the Reporting Period) in accordance with the Pooling and Servicing Agreement has been conducted under my supervision.  3.
To the best of my knowledge, based on such review, the Special Servicer has fulfilled all of its obligations
under the terms of the Pooling and Servicing Agreement, in all material respects for the Reporting Period and if there has been a failure to fulfill any such obligations in any material respect, each failure and the nature and status thereof has
been specifically identified herein.  Certified by:

/s/ Adam Singer



Date:

March 1, 2019Adam Singer, Managing Director
| (logo) WELLS            FARGO | Corporate Trust Services

MAC R1204-010 9062 Old Annapolis Road

Columbia, MD 21045

 

Tel:  410 884 2000

Fax: 410 715 2380 |
|---------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------|

 

 

Deutsche Mortgage & Asset Receiving Corporation

60 Wall Street 

New York, New York 10005 

 

 

RE:   Annual Statement of Compliance for COMM2014-UBS5 Mortgage Trust 

Commercial Mortgage Pass-Through Certificates 

 

 

Per the Pooling and Servicing Agreement dated as of September 1, 2014 (the "Agreement"), the undersigned, a duly authorized officer of Wells Fargo Bank, N.A., as Certificate Administrator ("Wells Fargo"), hereby certifies as follows as of and for the year ending December 31, 2014 (the "Reporting Period"): 

 

 

(a) A review of Wells Fargo's activities during the Reporting Period and of its performance under the Agreement has been made under such officer's supervision; and 

 

(b) To the best of such officer’s knowledge, based on such review, Wells Fargo has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period. 

 

 

March 9, 2015 

 

 

/s/ Brian Smith

BRIAN SMITH

Vice President

 

 

 
| Wells Fargo Bank, N.A. |  |
|------------------------|--|
#### NYT CABLE TV v. HOMESTEAD AT MANSFIELD, INC. AND NEW JERSEY BOARD OF PUBLIC UTILITIES.

April 28, 1987.

Petition for certification granted. (See 214 *N.J.Super.*148)
Filed 12/3/14 P. v. Bybee CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA

THE PEOPLE, Plaintiff and Respondent,

v. DONALD EUGENE BYBEE, Defendant and Appellant. D066164

(Super. Ct. No. RIF139205)

APPEAL from a judgment of the Superior Court of Riverside County, Michele D. Levine, Judge. Affirmed. Gerald J. Miller, under appointment by the Court of Appeal , for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2008 Donald Bybee was convicted of on e count of grand theft of an automobile (Pen. Code, § 666.5, subd. (a) 1 /Veh. Code, § 10851) and, in a bifurcated proceeding, the court found true the allegations that Bybee ha d been convicted of five offenses for which
1 All statutory references are to th e Penal Code unless otherwise specified.2 he served a term in state prison within the meaning of section 667.5, subdivision (b), and that two of those offenses c onstituted serious or violent felo ny strike convictions within the meaning of sections 667, subdivisions (b ) through (i) and 1170.12. After his motion pursuant to People v. Superior Court ( Romero ) (1996) 13 Cal.4th 4 97 was denied, Bybee was sentenced to 25 years to life. In January 2013, Bybee, acting in propria persona, filed a motion to recall his sentence pursuant to the recently enacted Th ree Strikes Reform Act of 2012 (§ 1170.126 et seq.). After counsel was appointed for Bybee, and both the People and Bybee filed papers opposing and supporting the petition, th e court held an evidentiary hearing. The evidence indicated that, wh ile incarcerated, Bybee had pleaded guilty in 2009 to assaulting another inmate, and in 2010 assaulte d another inmate with a shank. The court found Bybee posed an unreasonable risk to pub lic safety, within the meaning of section 1170.126, subdivision (f), and denied the petition.
DISCUSSION Appointed appellate counsel has filed a brief summarizing the proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Ca l.3d 436 and Anders v. California (1967) 386 U.S. 738. We granted Bybee perm ission to file a supplemental brief on his own behalf, but he has not responded.3 A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issues. Bybee has been competently represented by counsel on this appeal.
DISPOSITION The order is affirmed.

McDONALD, J.
WE CONCUR:

McCONNELL, P. J.

McINTYRE, J.
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#### IN THE MATTER OF BABY M.

April 7, 1987.

Certification to the Superior Court, Law Division, is granted. (See 217 *N.J.Super.*313)
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#### THOMAS J. ARNOLD, RESPONDENT, v. HAMILTON INVESTMENT CO., INC., ET AL., APPELLANTS.

Submitted October 27, 1944

Decided January 4, 1945.

For the respondent, *Aaron Heller.*

For the appellants, *A. Leon Kohlreiter.*

Per Curiam.

The judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered by Mr. Justice Colie in the Supreme Court.

*For affirmance*— The Chancellor, Chibe Justice, Case, Bobine, Donges, Peeskie, Porter, Wells, Rabeerty, Hague, Thompson, Dill, JJ. 12.

*For reversal*— None.
584 A.2d 244

#### IVY HILL PARK APARTMENTS, SECTION V. INC. v. ELAINE JAMES.

June 11, 1990.

Petition for certification denied.
#### STATE OF NEW JERSEY v. GREGORY HOLMES.

March 24, 1987.

Petition for certification denied.
##### 



EXHIBIT 99.2

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 Quarterly Report of Cronos Global Income Fund XIV,
L.P. (the Registrant) on Form 10-Q for the quarterly period ended September
30, 2002, as filed with the Securities and Exchange Commission (the Report),
I, John Kallas, the Chief Financial Officer of Cronos Capital
Corp., the General Partner of the Registrant, certify, based on my
knowledge, that:



| | (i)  |  | The Report fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of
1934; and                                 
| | ---- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------
|
| | (ii) |  | The information contained in the Report fairly
presents, in all material respects, the financial condition
and results of operation of the Registrant.

November 14, 2002



| | /s/ John Kallas
John Kallas
Chief Financial Officer of
Cronos Capital Corp.,
General Partner of the Registrant
| | --------------------------------------------------------------------------------------------------------------



---

|* |  | This certification, required by Section 906 of the Sarbanes-Oxley Act of
2002, other than as required by Section 906, shall not be deemed to be
filed with the Commission or subject to the rules and regulations
promulgated by the Commission under the Securities Exchange Act of 1934,
as amended, or to the liabilities of Section 18 of said Act.
|- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Exhibit 11
                                                        
RightCHOICE Managed Care, Inc.
Computation of (Loss) Earnings per Share of Common Stock (1)
(Dollars and shares in thousands, except per share amounts)

                                    Three months ended   Nine months ended
                                       September 30,        September 30,
                                      1997      1996       1997      1996
              PRIMARY

NET (LOSS) EARNINGS (applicable
to common stockholders)           ($22,756)  ($7,856)  ($18,873)   $1,653

Weighted average number of
common shares outstanding           18,672    18,677     18,673    18,679

Additional equivalent shares
issuable from assumed exercise
of common stock options                 24        16         43        38

WEIGHTED AVERAGE NUMBER OF
COMMON SHARES OUTSTANDING           18,696    18,693     18,716    18,717

NET (LOSS) EARNINGS 
PER COMMON SHARE                    ($1.22)   ($0.42)    ($1.01)    $0.09


             FULLY DILUTED (2)

NET (LOSS) EARNINGS (applicable)
to common stockholders)           ($22,756)  ($7,856)  ($18,873)   $1,653

Weighted average number of
common shares outstanding           18,672    18,677     18,673    18,679

Additional equivalent shares
issuable from assumed exercise
of common stock options                  0        17          0        17

WEIGHTED AVERAGE NUMBER OF
COMMON SHARES OUTSTANDING           18,672    18,694     18,673    18,696

NET (LOSS) EARNINGS 
PER COMMON SHARE                    ($1.22)   ($0.42)    ($1.01)    $0.09

(1)  As discussed in Footnote 4 to the Consolidated Financial Statements, the
     company is required to implement a new methodology for determining earnings
     per share in the fourth quarter of 1997.  The impact of this methodology is
     not expected to be material.

(2)  This calculation is submitted in accordance with Regulation S-K item
     601(b)(11) although it is contrary to paragraph 40 of APB Opinion No. 15
     because it produces an anti-dilutive result.
#### STATE OF NEW JERSEY v. JUAN FIGUEROA, JR.

April 28, 1987.

Petition for certification denied. (See 212 *N.J.Super.*343)
CERTIFICATIONS



I, Jaisun Garcha, certify that:



1.

I have reviewed this annual report on Form 20-F of Snipp Interactive Inc.;



2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;



3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the periods presented in this report;



4.

The Companys other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the Company and have:



a)

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the Company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;



b)

Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principals;



c)

Evaluated the effectiveness of the Companys disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and



d)

Disclosed in this report any change in the Companys internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the Companys internal control over financial reporting; and



5.

The Companys other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Companys auditors and the audit committee of the Companys board of directors (or persons performing the equivalent functions):



a)

all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the Company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 a significant role in the Companys internal control over financial reporting.





Date:   May 16, 2017





/s/  Jaisun Garcha

Jaisun Garcha,

Chief Financial Officer
#### STATE OF NEW JERSEY v. KEITH EATON.

March 24, 1987.

Petition for certification denied.