alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,657

EX PARTE ANDRE LEROY GARRETT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W97-50389-Q IN THE 204 JUDICIAL DISTRICT COURT

TH

FROM DALLAS COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual

assault and sentenced to thirty-five years’ imprisonment. The Sixth Court of Appeals affirmed his

conviction. Garrett v. State, No. 06-98-00156-CR (Tex. App. – Texarkana, July 16, 1999). 

Applicant contends, inter alia, that he was improperly denied his right to have this Court

consider the merits of his pro se petition for discretionary review. This Court refused his petition

as untimely filed on September 9, 1999, and denied his subsequent motions for rehearing or
2

reconsideration. 

Based on this Court’s recent holding in Campbell v. State, 320 S.W.3d 338 (Tex. Crim. App.

2010), the trial court has entered findings of fact and conclusions of law finding that Applicant’s pro

se petition was in fact timely filed by delivery to the prison authorities. We find, therefore, that

Applicant is entitled to the opportunity to file an out-of-time petition for discretionary review of the

judgment of the Sixth Court of Appeals in Cause No. 06-98-00156-CR that affirmed his conviction

in Case No. F97-50389 from the 204th Judicial District Court of Dallas County. Applicant shall file

his petition for discretionary review with this Court within 30 days of the date on which this Court’s

mandate issues. Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469

(Tex. Crim. App. 1997).

Delivered: October 5, 2011

Do not publish
Exhibit 32.1

SECTION 906 CERTIFICATION

Of Chief Executive Officer

In connection with the Annual Report of eDiets.com, Inc. (the Company) on Form 10-K for the year ended December 31, 2008 as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Kevin McGrath, 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
to the best of my knowledge and belief:

(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.



|                     |  |        |  |                        
|-------------------- |  | ------ |  | -----------------------
|Date: March 18, 2009 |  |        |  |                        
|                     |  | By:    |  | /s/ Kevin McGrath      
|                     |  | Name:  |  | Kevin McGrath          
|                     |  | Title: |  | Chief Executive Officer

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has
been provided to eDiets.com, Inc. and will be retained by eDiets.com, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>   1

RESOLVED, that the Corporation's Non-Qualified Stock Option Plan is amended by
adding the following proviso to the end of the penultimate sentence of Section
4.1(d).

         ; provided, however, that if approval of stockholders has not been
         obtained as required by Section 5.12 at the time the Employee ceases to
         be employed by the Company, the Agreement may, in the discretion of the
         Board and subject to such conditions as the Board may determine,
         provide that the time periods described in clauses (1), (2) and (3)
         shall not begin to run until the approval of stockholders has been
         obtained and the time periods shall extend for up to six months or such
         shorter period of time as management of the Company may determine.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM ARGENT
CAPITAL CORPORATION -- FORM 10-QSB-A FIRST AMENDMENT MARCH 31, 1998.
</LEGEND>
<RESTATED>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       1,360,706
<SECURITIES>                                         0
<RECEIVABLES>                               14,587,745
<ALLOWANCES>                                   419,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            16,323,100
<PP&E>                                       1,001,532
<DEPRECIATION>                                 492,743
<TOTAL-ASSETS>                              16,918,006
<CURRENT-LIABILITIES>                       14,112,940
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,474
<OTHER-SE>                                   2,402,117
<TOTAL-LIABILITY-AND-EQUITY>                16,918,006
<SALES>                                              0
<TOTAL-REVENUES>                             1,273,603
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             1,401,501
<LOSS-PROVISION>                               228,000
<INTEREST-EXPENSE>                             231,993
<INCOME-PRETAX>                              (587,891)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (587,891)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (587,891)
<EPS-PRIMARY>                                    (.26)
<EPS-DILUTED>                                    (.26)
        

</TABLE>
National Aeronautics and Space Administration (NASA) 

Small Business Innovation Research (SBIR) Ignite Solicitation 

 

PHASE II PROPOSAL COVER PAGE

Topic

Proposal Title

Solicitation Requirements 

Go to the NASA SBIR/STTR Website to read about firm requirements for participation in NASA's SBIR/STTR 

solicitations.

I certify that I have visited NASA's SBIR/STTR website and that I have read and understand the firm 

requirements for proposal submissions to NASA's solicitations.

Authorized Contract Negotiator (ACN) Contact Information

Prefix Contact First Name

Contact Last Name Suffix

Phone Email

Address

City State

ZIP + 4

Principal Investigator (PI) Contact Information

Prefix Contact First Name
Contact Last Name Suffix

Phone Email

Address

City State

ZIP + 4

Business Official (BO) Contact Information

Prefix Contact First Name

Contact Last Name Suffix

Phone Email

Address

City State

ZIP + 4
UNITED STATES DISTRICT COURT 

FOR THE 

DISTRICT OF ARIZONA 

Linda L. Coutts, 

Plaintiff, 

v. 

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc., 

Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

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

Civil Action No. CV-17-03541-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 10/30/2017, 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 6, 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. 

Case 2:15-md-02641-DGC Document 8756 Filed 11/09/17 Page 1 of 2
2

“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 8756 Filed 11/09/17 Page 2 of 2
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-1211
CARDSERVICE INTERNATIONAL, INCORPORATED, Plaintiff - Appellee, versus WEBSTER R. MCGEE, Defendant - Appellant, and WRM & ASSOCIATES, d/b/a EMS - Card Service on the Caprock; CHUCH BURTZLOFF, an individual,President of Cardservice International, Incorporated and the person to whom Webster R.McGee has directed written correspondence regarding this matter; NICHOLAS LOGAN, individual, Senior Vice-President for Cardservice International, Incorporated, and the person who signed the verified complaint, Defendants.Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior District Judge. (CA-96-896-2) Submitted: November 6, 1997 Decided: November 18, 19972 Before WIDENER and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Webster R. McGee, Appellant Pro Se. Benjamin Verbin Madison, III, HUNTON & WILLIAMS, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:Appellant appeals the district court's order granting a permanent injunction and attorney's fees in a trademark infringement case. We have reviewed the record and the district court's opinionand find no reversible error. Accordingly, we affirm on the reasoning of the district court. CardService International v. McGee , No. CA-96-896-2 (E.D. Va. Jan. 17, 1997). 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
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          OCT-31-1997
<PERIOD-START>                             NOV-01-1996
<PERIOD-END>                               JUL-31-1997
<CASH>                                          55,926
<SECURITIES>                                    23,491
<RECEIVABLES>                                   45,846
<ALLOWANCES>                                     1,895
<INVENTORY>                                     36,405
<CURRENT-ASSETS>                               171,101
<PP&E>                                          78,420
<DEPRECIATION>                                  36,328
<TOTAL-ASSETS>                                 225,639
<CURRENT-LIABILITIES>                           29,839
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            22
<OTHER-SE>                                     195,350
<TOTAL-LIABILITY-AND-EQUITY>                   225,639
<SALES>                                         51,082
<TOTAL-REVENUES>                                51,082
<CGS>                                           21,638
<TOTAL-COSTS>                                   21,638
<OTHER-EXPENSES>                                29,808
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    645
<INCOME-TAX>                                     1,542
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (897)
<EPS-PRIMARY>                                     (.04)
<EPS-DILUTED>                                     (.04)
        

</TABLE>
Exhibit 31.1



CERTIFICATIONS



I, Cecil R. McCullar, certify that:



1. I have reviewed this annual report on Form 10-KSB of MainStreet BankShares, Inc.;



2. Based on my knowledge, this annual 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 annual report;



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



4. The registrants other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange
Act Rules 13a-14 and 15d-14) for the registrant and have:



(a) Designed such
disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities particularly during the period in which this annual
report is being prepared;



(b) Evaluated the effectiveness of the
registrants disclosure controls and procedures as of a date within 90 days prior to the filing date of this annual report (the Evaluation Date); and



(c) Presented in this annual report our conclusions about the effectiveness of the disclosure controls and procedures based on our
evaluation as of the Evaluation Date;



5. The registrants other
certifying officers and I have disclosed, based on our most recent evaluation, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):



(a) All significant deficiencies in the design or operation of internal controls which could
adversely affect the registrants ability to record, process, summarize and report financial data and have identified for the registrants auditors any material weaknesses in internal controls; and



(b) Any fraud, whether or not material, that involves management or other employees who have
a significant role in the registrants internal controls; and



6. The
registrants other certifying officers and I have indicated in this annual report whether there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our
most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.



|             |  |                                      
|------------ |  | -------------------------------------
|Date: 3/5/04 |  | /s/ Cecil R. McCullar                
|             |  | Cecil R. McCullar                    
|             |  | President and Chief Executive Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-7652

In Re: DONALD EVANS, a/k/a Don Antonio

Flournoy,

Petitioner.

On Petition for a Writ of Mandamus

(5:97-cr-00153)

Submitted: November 15, 2006 Decided: November 27, 2006

Before WIDENER, WILKINSON, and MOTZ, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Donald Evans, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Donald Evans, a/k/a Don Antonio Flournoy, petitions for

a writ of mandamus, alleging the district court has unduly delayed

acting on his “Motion for Preliminary Hearing, Motion for

Revocation, Modification Hearing.” He seeks an order from this

court directing the district court to act. Our review of the

docket sheet reveals that the district court denied Evans’ motion

in an order entered on the district court’s docket on July 6, 2006.

Accordingly, because the district court has recently decided Evans’

case, we deny the mandamus petition as moot. We grant Evans’

motion for leave to proceed in forma pauperis. 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. 

PETITION DENIED
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
<CURRENCY> US DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               MAR-31-2000
<EXCHANGE-RATE>                                      1
<CASH>                                          35,529
<INT-BEARING-DEPOSITS>                         151,398
<FED-FUNDS-SOLD>                                94,697
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                           295,772
<LOANS>                                      1,120,085
<ALLOWANCE>                                     20,575
<TOTAL-ASSETS>                               1,758,952
<DEPOSITS>                                   1,550,951
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                             52,099
<LONG-TERM>                                     12,650
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           101
<OTHER-SE>                                     143,151
<TOTAL-LIABILITIES-AND-EQUITY>               1,758,952
<INTEREST-LOAN>                                 29,405
<INTEREST-INVEST>                                3,052
<INTEREST-OTHER>                                 4,544
<INTEREST-TOTAL>                                37,001
<INTEREST-DEPOSIT>                              20,166
<INTEREST-EXPENSE>                              20,475
<INTEREST-INCOME-NET>                           16,526
<LOAN-LOSSES>                                      750
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  9,013
<INCOME-PRETAX>                                 11,426
<INCOME-PRE-EXTRAORDINARY>                      11,426
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,203
<EPS-BASIC>                                       0.71
<EPS-DILUTED>                                     0.70
<YIELD-ACTUAL>                                    3.35
<LOANS-NON>                                     16,476
<LOANS-PAST>                                     6,906
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                21,411
<CHARGE-OFFS>                                    1,629
<RECOVERIES>                                        43
<ALLOWANCE-CLOSE>                               20,575
<ALLOWANCE-DOMESTIC>                             3,280
<ALLOWANCE-FOREIGN>                             17,295
<ALLOWANCE-UNALLOCATED>                         20,575


</TABLE>
<PAGE>
 
                                                                    EXHIBIT 11.1
 
                      DRYPERS CORPORATION AND SUBSIDIARIES
 
             STATEMENT REGARDING COMPUTATION OF PER SHARE EARNINGS
                       (IN THOUSANDS, EXCEPT SHARE DATA)
 
<TABLE>
<CAPTION>
                              THREE MONTHS ENDED JUNE  SIX MONTHS ENDED JUNE
                                        30                       30
                              -----------------------  -----------------------
                                 1996        1997         1996        1997
                              ----------- -----------  ----------  -----------
<S>                           <C>         <C>          <C>         <C>
Income (loss) before
 extraordinary item.......... $       348 $     2,183  $   (2,571) $     4,156
Extraordinary item...........          --      (7,769)         --       (7,769)
                              ----------- -----------  ----------  -----------
Net income (loss)............         348      (5,586)     (2,571)      (3,613)
Preferred stock dividend.....         165         168         220          336
                              ----------- -----------  ----------  -----------
Net income (loss) available
 to common stockholders...... $       183 $    (5,754) $   (2,791) $    (3,949)
                              =========== ===========  ==========  ===========
Weighted average number of
 shares of common stock......  15,649,450  16,740,745   6,635,401   16,789,261
Common stock equivalents.....     346,275   2,267,298          --    2,267,928
                              ----------- -----------  ----------  -----------
Weighted average number of
 shares of common stock and
 common stock equivalents....  15,995,725  19,008,673   6,635,401   19,057,189
                              =========== ===========  ==========  ===========
Net income (loss) per share
 of common stock and common
 stock equivalents--
  Before extraordinary item.. $       .02 $       .12  $     (.42) $       .22
  Extraordinary item.........          --        (.41)         --         (.41)
                              ----------- -----------  ----------  -----------
Net income (loss)............ $       .02 $      (.29) $     (.42) $      (.19)
                              =========== ===========  ==========  ===========
</TABLE>