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

United States Court of Appeals

Tenth Circuit

February 4, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

LAWRENCE RODRIGUEZ; STEVEN

J. DURAN; GREG MIERA; ROSE

MARIE NEAL, On behalf of

themselves and other present and

former City Employees, 

 Respondents,

v.

CITY OF ALBUQUERQUE, 

 Petitioner.

No. 10-500

(D.C. No. 1:07-CV-00901-JB-ACT)

ORDER

Before TACHA, BRISCOE, and HOLMES, Circuit Judges.

This matter is before the court on Defendant City of Albuquerque’s Petition

for Permission to Appeal from District Court’s December 4, 2009 Order, filed

pursuant to 28 U.S.C. § 1292(b) and Federal Rule of Appellate Procedure 5. The

plaintiffs did not file a response.

Upon careful consideration of the pleadings, as well as the applicable law,

the petition for permission to appeal is granted. The City of Albuquerque is

granted permission to appeal the December 4, 2009 order of the United States

District Court for the District of New Mexico, Case No. 07-CV-901-JB-ACT.

Appellate Case: 10-500 Document: 01018361898 Date Filed: 02/04/2010 Page: 1 
2

Within 14 days of the date of this order, the City of Albuquerque shall pay

to the district court all required fees. Fed. R. App. P. 5(d)(1)(a).

After the fees have been paid and the district court clerk has complied with

Federal Rule of Appellate Procedure 5(d)(3), a new appeal with a new case

number will be docketed.

After the new appeal is opened, if the parties have opinions regarding

consolidation with Case Nos. 09-2274 and 09-2288, Chavez v. City of

Albuquerque, we encourage the parties to file the appropriate motion.

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

by: Lara Smith

Counsel to the Clerk

Appellate Case: 10-500 Document: 01018361898 Date Filed: 02/04/2010 Page: 2
**Exhibit 23.2**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the Registration Statements (Form S-8 Nos. 333-113201, 333-107285,333-63034, 333-91095 and 333-85298) pertaining to the 2003 Stock Incentive Plan, 1999 Stock Incentive Plan and 1999 Employee Stock Purchase Plan and the Registration Statements (Form S-3 Nos. 333-113812 and 333-117625) of Rainmaker Systems, Inc. ofour report dated January 26, 2004, with respect to the consolidated financial statements and schedule of Rainmaker Systems, Inc. as of and for the two years in the period ended December 31, 2003, included in the Annual Report (Form 10-K) for theyear ended December 31, 2004. 

 

/s/    ERNST & YOUNG LLP 

 

San Jose, California 

March 14, 2005
UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

_________________________________ 

DONALD K. HYER, 

 Plaintiff - Appellant, 

v. 

MICHELLE LUCERO, 

 Defendant - Appellee. 

No. 14-1178 

(D.C. No. 1:13-CV-03227-RPM) 

(D. Colo.) 

_________________________________ 

ORDER

_________________________________ 

Appellant's Motion to Dismiss the Appeal is granted. See 10th Cir. R. 27.3(A)(9) 

and Fed. R. App. P. Rule 42(b). 

A copy of this order shall stand as and for the mandate of the court. 

Entered for the Court 

ELISABETH A. SHUMAKER, Clerk 

FILED 

United States Court of Appeals 

Tenth Circuit 

August 31, 2015

Elisabeth A. Shumaker 

Clerk of Court

Appellate Case: 14-1178 Document: 01019483095 Date Filed: 08/31/2015 Page: 1
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT LETIC IA LOPEZ-GUTIER REZ; e t a l ., Pe titione rs, v. ERIC H. HOLDER , Jr., Attorne y Ge ne ra l, R

e sponde nt . No. 10-73712 Age n c y Nos. A099-057-763 Age n c y Nos. A099-057-764 Age n c y Nos. A099-057-765 M EM O R ANDUM *

On Pe tition for Re vie w of a n Orde r of the B oa rd of Im m igration Appe a ls Subm itte d

Nove m b e r 18, 2014 ** B e fore : LEAVY, FISHER , a nd N.R . SM ITH, C irc uit Judge s. Le tic ia Lope z -Gutie rre z , Ana

B rigite Lope z -Lope z , a

nd Ange l M ax Lope z Lope z , native s a

nd c itiz e ns of M e xic o, pe tition for re vie w of the B o ard of Im m i gration Appe a l s ’ (“ B IA” ) orde r de ny ing the ir m otion to re o pe n ba se d on ine ffe c tive a ssista

nc e of c ounse l. Our jurisdic tion is governe d by 8 U.S.C . § 1252. 

# F IL ED NOV 26 2014 M OLLY C. DW Y ER, CLERK U . S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).W e re vie wfor a buse of disc re tion the de n i a l of a m otion to re ope n, a

nd we re vie w de novo que stions of la

w. Mohamme d v . Gonzale s , 400 F.3d 785, 791-92 (9th C ir. 2005). W e de ny

in pa rt a nd dismiss in pa

rt the pe tition for re vie w. The B IA did not a

buse its disc re tion by

de ny ing pe titione rs’ m otion to re ope n whe re the y

fa ile d to e sta

blish pre judic e arising from

any a l le ge d ine ffe c tive a ssista nc e by the ir form e r attorne y . Se eid. at 793-94 (“ [P] re judic e re s ults whe n the p e rform anc e of c ounse l wa s so ina de quate tha t it may have a ffe c t e d the outc om e of the proc e e dings.”(e m pha sis in origina

l) (inte rna l quota

tion m arks om i tte d)). Pe titione rs fa ile d to e xha

ust the ir c onte ntion re ga

rding the ir form e r attorne y ’ s fa ilure to a dvise the m of the possibility

of a pply ing for withholding of re m ova l a nd prote c tion unde r the C onve ntion Against Torture . Se eTijani v . Holde r , 628 F.3d 1071, 1080 (9th C ir. 2010). W e la c k jurisdic tion to re vie w pe titione rs’ c onte ntions re ga rding theB IA’ s 2009 dismissa l of the ir a

ppe a l a nd de nia l of the ir m otion to re m and be c a use this pe tition for re vie w is not time ly a s to tha t orde r. Se e8 U.S.C . § 1252(b)(1); Singh v . IN S, 315 F.3d 1186, 1188 (9th C ir. 2003). PE T IT IO N FO R RE V IE WDE NIE D in par t; DISM ISSE D in par t.

1 0 - 7 3 7 1 2 2
108TH CONGRESS

2D SESSION S. 2042

AN ACT

For the relief of Rocco A. Trecosta of Fort Lauderdale,

Florida.

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

2

S 2042 ES

1 SECTION 1. COMPENSATION OF BACK PAY.

2 (a) IN GENERAL.—The Secretary of the Treasury

3 shall pay, out of any money in the Treasury not otherwise

4 appropriated, to Mr. Rocco A. Trecosta of Fort Lauder5 dale, Florida, the sum of $10,000 for compensation for

6 back pay not received as an employee of the Department

7 of Defense Overseas Dependent Schools for service per8 formed during the period beginning April 14, 1966,

9 through June 30, 1975. Payment under this subsection

10 is made after the transmission of the applicable report of

11 the United States Court of Federal Claims under section

12 2509 of title 28, United States Code.

13 (b) NO INFERENCE OF LIABILITY.—Nothing in this

14 section shall be construed as an inference of liability on

15 the part of the United States.

16 (c) FULL SATISFACTION OF CLAIMS.—The payment

17 authorized under subsection (a) shall be in full satisfaction

18 of all claims of Rocco A. Trecosta against the United

19 States for back pay in connection with his service in the

20 Department of Defense Overseas Dependent Schools.

21 (d) LIMITATION ON AGENTS AND ATTORNEYS

22 FEES.—No more than 10 percent of the payment author23 ized by this Act may be paid to or received by any agent

24 or attorney for services rendered in connection with ob25 taining such payment, any contract to the contrary not26 withstanding. Any person who violates this subsection
†

3

S 2042 ES

1 shall be guilty of a misdemeanor and shall be subject to

2 a fine in the amount provided in title 18, United States

3 Code.

Passed the Senate October 11, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2042

AN ACT

For the relief of Rocco A. Trecosta of Fort

Lauderdale, Florida.
<TABLE> <S> <C>
                                           
<ARTICLE>                                       5
                                                 
<S>                                               <C>
<PERIOD-TYPE>                                   9-mos
<FISCAL-YEAR-END>                               Dec-31-1998
<PERIOD-END>                                    Sep-30-1998
<CASH>                                                 1,198,709
<SECURITIES>                                                   0
<RECEIVABLES>                                          2,333,168
<ALLOWANCES>                                             100,605
<INVENTORY>                                                    0
<CURRENT-ASSETS>                                               0
<PP&E>                                                         0
<DEPRECIATION>                                                 0
<TOTAL-ASSETS>                                        93,058,431
<CURRENT-LIABILITIES>                                          0
<BONDS>                                                        0
<PREFERRED-MANDATORY>                                          0
<PREFERRED>                                                    0
<COMMON>                                                       0
<OTHER-SE>                                            56,425,399
<TOTAL-LIABILITY-AND-EQUITY>                          93,058,431
<SALES>                                                        0
<TOTAL-REVENUES>                                      15,953,304
<CGS>                                                          0
<TOTAL-COSTS>                                                  0
<OTHER-EXPENSES>                                      10,835,534
<LOSS-PROVISION>                                          55,409
<INTEREST-EXPENSE>                                     2,148,109
<INCOME-PRETAX>                                        2,914,252
<INCOME-TAX>                                                   0
<INCOME-CONTINUING>                                    2,914,252
<DISCONTINUED>                                                 0
<EXTRAORDINARY>                                                0
<CHANGES>                                                      0
<NET-INCOME>                                           2,914,252
<EPS-PRIMARY>                                                  0
<EPS-DILUTED>                                                  0
        
 

</TABLE>
Order filed April 13 , 20 12

.

In The 

## Fourteenth Court of Appeals

____________

NO. 14

- 12

- 00 117

- CV

____________ JOE GUADALUPE VASQUEZ AND MARIA GUADALUPE VASQUE Z , Appellant s

V.

AMALIA PUGA, EDGAR PUGA, JUAN PAPIA, AND STATE BOND &

MORTGAGE CO. , Appellees

On Appeal from the 55th District Court Harris County, Texas Trial Court Cause No. 2010

- 37844



### O R D E R
The notice of appeal in this case was filed February 3, 2012

. To date, the filing fee of $175.00 has not been paid. No evidence that appellant has established indigence

has been filed. See Tex. R. App . P

. 20.1. Therefore, the c ourt issues the following order.
Appellant is ordered to pay the filing fee in the amou nt of $175.00 to the Clerk of

this c ourt on or before April 30 , 20 12

. See Tex. R. App . P. 5. If appellant fails to timely
pay the filing fee in accordance with this order, the appeal will be dismissed.

PER CURIAM
#### Edgar RUMPH, Plaintiff-Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant-Appellee.

No. 02-9392.

United States Court of Appeals, Second Circuit.

Sept. 17, 2003.

Edgar Rumph, Brooklyn, NY, pro se.

Victor Levy, Office of General Counsel, New York City Transit Authority (Richard Schoolman, on the brief), Brooklyn, NY, for Defendants-Appellees.

PRESENT: CALABRESI, KATZMANN, Circuit Judges, and POLLACK,* District Judge.

*

 Honorable Milton Pollack, Senior United States District Judge for the Southern District of New York, sitting by designation.

SUMMARY ORDER

*Pro se*plaintiff Edgar Rumph initiated this action in federal district court in January 2001, alleging that his former employer, the New York City Transit Authority (“TA”), discriminated against him on the basis of race in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e *et seq.*The TA terminated Rumph’s employment as a bus maintainer in August 1997, shortly after he was arrested in Annapolis, Maryland, for impersonating a New York City Transit Police officer. The plaintiff alleges that similarly situated white TA employees with arrest records retained their jobs.

The district court adopted the magistrate judge’s Report and Recommendation concluding that summary judgment was appropriate. The court found that the plaintiff had not introduced any evidence showing that similarly situated employees who were not in protected categories had *156been treated differently from plaintiff. It, therefore, concluded that no evidence supported an inference of discrimination. Finally, the court found that plaintiff had not rebutted the defendant’s legitimate, nondiseriminatory reason for terminating his employment.

We agree with the district court’s conclusions, and for substantially the reasons stated by it, we AFFIRM.
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
  1.
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Registrant.
  BY:
    
    /s/ Terry E. Michaelson

     Terry E. Michaelson
     Chief Executive Officer
     (Principal Executive Officer)BY:
    
    /s/ Mark D. MorelandMark D. Moreland
     Chief Financial Officer
and Treasurer
     (Principal Financial Officer)
### IN THE

TENTH COURT OF APPEALS

No. 10

- 22

- 00284

- CR

EX PARTE RYAN BASS

From the 19th District Court

McLennan County, Texas

Trial Court No. 2022

- 1967

- 1

MEMORANDUM OPINION

Ryan Bass appealed the trial court's denial of Bass’s application for writ of habeas

corpus. By letter dated September 16, 2022 , the Clerk of this Court notified Bass that the

appeal was subject to dismissal because no final, appealable judgment or order had been

signed by the trial court. See T EX

. R. A PP

. P. 25.2(b); 26.2. In the same letter, the Clerk

warned Bass that the appeal would be dismissed unless, within 14 days from the date of

the letter, Bass filed a response showing grounds for continuing the appeal. Bass filed a

response, dated October 4, 2022, asserting that his counsel was told t hat an order was

s igned and was in the process of being filed with the District Clerk. We have not yet

received a signed order from counsel or the District Clerk

.Ex parte Bass Page 2 Accordingly, this appeal is dismissed for want of jurisdiction.

TOM GRAY

Chief Justice

Before Chief J ustice Gray,

Justice Johnson, and

Justice Smith

Appeal dismissed

Opinion delivered and filed October 26 , 2022

Do not publish

[OT06]
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 accompanying Annual Report of Health Systems
Solutions, Inc. (the "Company") on Form 10-KSB for the fiscal year ending
December 31, 2004, as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), I, B.M. Milvain, Principal Executive Officer 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, to the best of 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 fully presents, in all
      material respects, the financial condition and results of operations of
      the Company.

By:   /s/ B. M. Milvain
      ---------------------------
      B.M. Milvain
      Principal Executive Officer
      March 28, 2005
# Astronaut Bill Shepherd plunges from a mockup Soyuz spacecraft

97-10688 (October 3, 1997) --- Astronaut Bill Shepherd, commander of the first International Space Station crew, plunges from a mockup Soyuz spacecraft descent module into the Black Sea recently during water survival training. Along with fellow crew members cosmonauts Yuri Gidzenko, Soyuz commander, and Sergei Krikalev, flight engineer, Shepherd will launch to the new station in January 1999 aboard a Soyuz spacecraft.

                    -  Facebook PinterestX
-  LinkedIn Emailhttps://www.nasa.gov/image-detail/97-10688-9471567417-o/Copy URL to clipboard>DownloadShareTags- International Space Station
Image CreditNASASize1536x1044pxThe National Aeronautics and Space Administration
NASA explores the unknown in air and space, innovates for the benefit of humanity, and inspires the world through discovery.
- About NASA's Mission
Join Us- Home
- News & Events
- Multimedia
- NASA+
- Missions
- Humans in Space
- Earth & Climate
- The Solar System
- The Universe
- Science
- Aeronautics
- Technology
- Learning Resources
- About NASA
- NASA en Español
Follow NASA-   
-   
-   
-   
- 
- More NASA Social Accounts
- NASA Newsletters
- Sitemap
- For Media
- Privacy Policy
- FOIA
- No FEAR Act
- Office of the IGBudget & Annual Reports
Agency Financial Reports
Contact NASA
Accessibility
-  									Page Last Updated:								  								Nov 22, 2023								 
-  									Page Editor:								  									Mark A. Garcia								 
-  								Responsible NASA Official:							  								Abigail Bowman
##### 



EXHIBIT 3.4 WARREN RESOURCES, INC. CERTIFICATE OF CORRECTION
TO
ARTICLES SUPPLEMENTARY SERIES A 8% CUMULATIVE CONVERTIBLE
PREFERRED STOCK ($.0001 PAR VALUE) Pursuant to Section 2-105 of the Maryland General Corporation Law The undersigned President and Chief Executive Officer of Warren Resources,
Inc., a Maryland corporation (the Corporation), hereby certifies to the State
Department of Assessments and Taxation of Maryland (the Department) that: 1. On June 30, 2004, at 12:42 p.m., the Corporation filed with the
Department Articles Supplementary dated June 23, 2004 (the Articles
Supplementary) to the Corporations Articles of Incorporation, and the Articles
Supplementary require correction as permitted by Section 1-207 of the Maryland
General Corporation Law. 2. Section 5(a) on page 6 of the Articles Supplementary, as previously
filed, is hereby corrected to read as follows: 9. CONVERSION. (a) CONVERSION RATE. The holders of shares of the Convertible
Preferred Stock shall have the right to convert their shares into
            shares of Common Stock at the following rate of conversion (the
Conversion Rate, being the number of shares of Common Stock
issuable upon conversion of one share of Convertible Preferred
Stock), subject to adjustment as herein provided: (i) commencing one year from the date of issuance and
until June 30, 2005, one share of Common Stock for each one
share of Convertible Preferred Stock; (ii) from July 1, 2005 and until June 30, 2006, 0.75
shares of Common Stock for each one share of Convertible
Preferred Stock; and (iii) from July 1, 2006 and thereafter, 0.50 shares of
Common Stock for each one share of Convertible Preferred
Stock. 3. The name of each party to the document being corrected is Warren
Resources, Inc.




---



##### 



* * * * * IN WITNESS WHEREOF, Warren Resources, Inc. has caused this Certificate of
Correction to Articles Supplementary to be executed under the seal in its name
and on its behalf by Norman F. Swanton, the Corporations President and Chief
Executive Officer, and attested to by David E. Fleming, its Corporate Secretary,
this 10th day of August, 2004. WARREN RESOURCES, INC.By:
    /s/ Norman F. SwantonNorman F. SwantonPresident and Chief Executive Officer Attest: /s/ David E. Fleming  
 2
#### W. J. Boyd *v.*W. B. Preston.

Warranty of Jack — Counterclaim.

A covenant of the warranty of a jack cannot be the foundation of a counterclaim.

APPEAR EROM REWIS CIRCUIT COURT.

October 3, 1866.

Opinion oe the Court by

Judge Robertson :

In this action appellant attempted to make defense by setting up a writing executed by one Wells to him containing a covenant of warranty of the jack, for a part of the price of which the note was executed by way of counterclaim, and to which he made Wells a defendant. On the trial in the court below, appellee pleaded *non est factum*?,nd his plea was *sustained,*but judgment was rendered against Wells, from which he appealed to this court and reversed the judgment against him. 1 Duv. 366. And it was then decided that said writing could *not*be the foundation of a counterclaim. *401That was the only defense made to the action or relied upon in the court below, and as that defense was adjudged insufficient and ordered to be dismissed, it stood as if no defense had been made, and of course plaintiff below was entitled to a judgment.

Besides, the question is concluded by the former adjudication of this court.

Wherefore, the judgment against appellant is affirmed.
Exhibit 32.2

CERTIFICATON OF CHIEF
FINANCIAL OFFICER

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

In connection with the filing with
the Securities and Exchange Commission of the Quarterly Report of Hemagen Diagnostics,
Inc. on Form 10-QSB for the period ending June 30, 2003, the quarterly report, I, Deborah
F. Ricci, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §
906 of the Sarbanes-Oxley Act of 2002, 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/ Deborah F. Ricci
Deborah F. Ricci
Chief Financial Officer
(Principal Executive
Officer)

August 13, 2003

A signed original of this written
statement required by Section 906 has been provided to Hemagen Diagnostics, Inc. and will
be retained by Hemagen Diagnostics, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.

19