alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**ON REHEARING**
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 11**  **- 6977** 

RASHI ’ D QAWI ’ AL

- AMI ’ N , Petitioner

- Appellant ,
v. HAROLD W. CLARKE, Director of the Virginia Department of Corrections , Respondent

- Appellee
.

Appeal from the United States District Court for the Eastern District of Virginia , at Norfolk
. Raymond A. Jackson , District Judge. ( 2:10

- cv - 00381

- RAJ

- TEM )

Submitted : January 30, 2012 Decided: February 10, 2012

Before GREGORY, SHEDD, and DAVIS , Circuit Judges.

Dismissed by un published per curiam opinion
.
Rashi ’ d Qawi ’ Al

- Ami ’ n, Appellant Pro Se. Richard Carson Vorhis, Senior Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in t his circuit.2 PER CURIAM: Rashi’d Qawi’ Al

- Ami’n petitions for panel and en banc rehearing of his appeal. For reasons appearing to the court , we grant panel rehearing and vacate our initial opinion. Al

Ami ’ n’s petition for en banc rehearing is denied. Al

- Ami’n seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The district
court’s order is not appealable unless a circuit justice or judge issues a cert ificate of appealability. 28 U.S.C.
§ 2253(c)(1) (A) (2006) . A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006)
. When the district court denies relief on th e merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrel l , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitu tional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Al

- Ami’n has not made the requisite showing.3 Accordingly, we deny a certificate of appealability and dismiss the appeal. 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
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CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                          OF CORPORATE GENERAL PARTNER

            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, James M. Seneff, Jr., the Chief Executive Officer of CNL Realty
Corporation,  the  corporate  general  partner of CNL Income Fund XIV, Ltd. (the
"Partnership"),  has executed this  certification  in connection with the filing
with the  Securities  and Exchange  Commission  of the  Partnership's  Quarterly
Report on Form 10-Q for the period  ending  June 30,  2004 (the  "Report").  The
undersigned hereby certifies 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 Partnership.

Date:   August 9, 2004               /s/ James M. Seneff, Jr.
                                    --------------------------------------------
                                     Name:  James M. Seneff, Jr.
                                     Title: Chief Executive Officer

                                    A signed original of this written  statement
                                    required by Section 906 has been provided to
                                    CNL  Income  Fund  XIV,  Ltd.  and  will  be
                                    retained  by CNL Income Fund XIV,  Ltd.  and
                                    furnished  to the  Securities  and  Exchange
                                    Commission or its staff upon request.
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<PAGE>
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<CASH>                                      16,132,126
<SECURITIES>                                 6,508,147
<RECEIVABLES>                               57,536,838
<ALLOWANCES>                                 3,200,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                           141,962,803
<PP&E>                                       9,705,584
<DEPRECIATION>                               4,463,137
<TOTAL-ASSETS>                             158,929,128
<CURRENT-LIABILITIES>                      112,463,386
<BONDS>                                              0
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<INCOME-PRETAX>                           (11,481,175)
<INCOME-TAX>                               (3,345,732)
<INCOME-CONTINUING>                        (8,202,670)
<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                               (8,202,670)
<EPS-PRIMARY>                                   (1.04)
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</TABLE>
EXHIBIT 32.1


CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of Integrative Health Technologies, Inc. (the "Registrant") on Form 10-Q for the period ended September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Gilbert R. Kaats, Chairman, Chief Executive Officer and Chief Financial Officer, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:





(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 result of operations of the Company.














SIGNATURE
TITLES
DATE/s/ Gilbert R. Kaats
Chairman, CEO and Chief Financial Officer
April 5, 2010
**EXHIBIT
      32.1**





HERITAGE
      OAKS BANCORP




Annual
      Report on Form 10-K


For
      the
      Year Ended December 31, 2007




**CERTIFICATION**





Pursuant
      to Section 906 of the Sarbanes-Oxley Act of 2002





The
      undersigned, who is the Chief Executive Officer of Heritage Oaks Bancorp (the
      “Company”), hereby certifies, pursuant to 18 USC Section 1350, that (i) the
      Annual Report on Form 10K for the year ended December 31, 2007, as filed by
      the
      Company with the Securities and Exchange Commission (the “Annual Report”), to
      which this Certification is an Exhibit, fully complies with the applicable
      requirements of Section 13(a) or 15(d) of the Exchange Act; and (ii) the
      information contained in this Annual Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.


Dated:
              February 29, 2008
            
            /s/ Lawrence
              P. WardLawrence
              P. Ward,President and Chief Executive
              Officer
No. 14,445.

#### Hamilton *v.*Goddard.

Filed Oct. 16, 1890.

From the Decatur Circuit Court.

*D. A. Myers,*for appellant.

*W. H. Goddard,*for appellee.

Olds, J.

— The appellant filed a claim against the appellee’s decedent’s estate. In the circuit court the appellant filed an amended third paragraph of complaint, and it appears that a demurrer was sustained to the same, and the appellant withdrew the first and second paragraphs and refused to again amend the third, and suffered judgment to be rendered against him.

No question is presented by the record. The record recites that a demurrer had been sustained to the amended third paragraph of the complaint, but there is no record of any ruling on such demurrer, and no-exceptions to any such ruling reserved, hence no question is presented by the record.

Judgment affirmed, with costs.

Berkshire, C. J., did not sit in this case.
<TABLE> <S> <C>

<ARTICLE> 9
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THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE MARCH 31, 1998
ANNUAL REPORT ON FORM 10-Q FOR HAMILTON BANCORP INC. AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
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<CASH>                                          25,947
<INT-BEARING-DEPOSITS>                         122,088
<FED-FUNDS-SOLD>                                43,500
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     54,779
<INVESTMENTS-CARRYING>                          13,084
<INVESTMENTS-MARKET>                                 0
<LOANS>                                      1,175,165
<ALLOWANCE>                                     13,407
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<PREFERRED>                                          0
<COMMON>                                           100
<OTHER-SE>                                      58,118
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<INTEREST-LOAN>                                 49,813
<INTEREST-INVEST>                                2,130
<INTEREST-OTHER>                                 5,070
<INTEREST-TOTAL>                                57,013
<INTEREST-DEPOSIT>                              31,579
<INTEREST-EXPENSE>                              31,862
<INTEREST-INCOME-NET>                           25,151
<LOAN-LOSSES>                                    4,081
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                 12,372
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<INCOME-PRE-EXTRAORDINARY>                      16,625
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
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<EPS-PRIMARY>                                     1.05
<EPS-DILUTED>                                     1.02
<YIELD-ACTUAL>                                    3.97
<LOANS-NON>                                     11,291
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                10,317
<CHARGE-OFFS>                                      994
<RECOVERIES>                                         3
<ALLOWANCE-CLOSE>                               13,407
<ALLOWANCE-DOMESTIC>                             2,829
<ALLOWANCE-FOREIGN>                             10,578
<ALLOWANCE-UNALLOCATED>                         13,407
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS FOUND IN THE COMPANY'S REPORT ON FORM 10Q FOR
THE SIX MONTHS ENDED SEPTEMBER 30, 1998, AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           1,676
<SECURITIES>                                         0
<RECEIVABLES>                                    5,754
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                10,802
<PP&E>                                          12,452
<DEPRECIATION>                                   9,274
<TOTAL-ASSETS>                                  20,343
<CURRENT-LIABILITIES>                           12,291
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        18,343
<OTHER-SE>                                    (12,695)
<TOTAL-LIABILITY-AND-EQUITY>                    20,343
<SALES>                                          6,880
<TOTAL-REVENUES>                                11,829
<CGS>                                              913
<TOTAL-COSTS>                                    1,467
<OTHER-EXPENSES>                                13,653
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (3,291)
<INCOME-TAX>                                       226
<INCOME-CONTINUING>                            (3,517)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,517)
<EPS-PRIMARY>                                   (0.37)
<EPS-DILUTED>                                   (0.37)
        

</TABLE>
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Bobbie J. Rucker,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-03777-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Freese & Goss PLLC - Birmingham, AL

(Name of plaintiff’s attorney or unrepresented plaintiff)

I have received your request to waive service of a summons in this action along with a copy of the complaint, two 

copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.

I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.

I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s 

jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.

I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 

60 days from 11/14/2017, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail 

to do so, a default judgment will be entered against me or the entity I represent.

Date: November 27, 2017 /s/ Richard B. North, Jr.

Signature of the attorney or unrepresented party

C. R. Bard, Inc. and Bard Peripheral

Vascular, Inc.

Printed name of parties waiving service of 

summons

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed Name

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6155

Telephone number

Duty to Avoid Unnecessary Expenses of Serving a Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a 

summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff 

located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. 

“Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has 

no jurisdiction over this matter or over the defendant or the defendant’s property. 

If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of 

a summons or of service. 

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the 

plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been 

served.

Case 2:15-md-02641-DGC Document 8941 Filed 11/29/17 Page 1 of 1
#### GEORGE E. GROVES v. THE TRAVELERS INSURANCE COMPANY, CHRISTINE DE SIMONE, ANDY GREEN, and PORCELANITE, INC., f/k/a P&M TILE, INC., f/k/a MANNINGTON CERAMIC TILE, INC.

No. 468A00

(Filed 5 October 2001)

Emotional Distress— intentional infliction—insufficient allegations

An action for intentional infliction of emotional distress is remanded to the Court of Appeals for further remand to the superior court for reinstatement of its order granting judgment on the pleadings for defendants for the reason stated in the dissenting opinion in the Court of Appeals that defendants’ alleged actions did not constitute extreme and outrageous conduct sufficient to support such a claim.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 139 N.C. App. 795, 535 S.E.2d 105 (2000), affirming in part and reversing in part an order entered 28 April 1999 by Rousseau, J., in Superior Court, Guilford County. Heard in the Supreme Court 13 March 2001.

*Donaldson & Black, P.A., by Rachel Scott Decker and Arthur J. Donaldson, for plaintiff-appellee.*

*Womble, Carlyle, Sandridge & Rice, P.L.L.C., by Richard T. Rice and Garth A. Gersten, for defendant-appellants.*

*Mark T. Sumwalt, P.A., by Vernon Sumwalt, on behalf of the North Carolina Academy of Trial Lawyers, amicus curiae.*

*Cranfill, Sumner & Hartzog, L.L.P., by Gloria T. Becker, on behalf of the North Carolina Association of Self-Insurers, amicus curiae.*

PER CURIAM.

As to the issue of plaintiff’s claim for intentional infliction of emotional distress, we reverse the decision of the Court of Appeals for the reasons stated in the dissenting opinion of Judge McGee. Accordingly, we remand this case to the Court of Appeals for further remand to the Superior Court, Guilford County, for reinstatement of its order granting judgment on the pleadings in favor of defendants.

*207REVERSED.

Justice EDMUNDS did not participate in the consideration or decision of this case.