alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
DAVID PICRAY, Plaintiff - Appellant,

v. JOE HEEB, Defendant, And JACK ROGERS; et al., Defendants - Appellees. No. 12-35557 D.C. No. 6:11-cv-06147-AA
MEMORANDUM *

Appeal from the United States District Court for the District of Oregon Ann L. Aiken, Chief District Judge, Presiding

Argued and Submitted November 4, 2013 Portland, Oregon Before: ALARCÓN, M. SMITH, and HURWITZ, Circuit Judges. 

# FILED
NOV 12 2013 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.Plaintiff-Appellant David Picray appeals from the district court’s order granting Defendants-Appellees’ Motions for Summary Judgment. On appeal, Picray challenges the district court’s c onclusions that: (1) Officers Vu and Graves did not detain Picray for an unreasonable amount of time in violation of the Fourth Amendment; and (2) Jack Rogers did not violate Picray’s First Amendment rights by upholding an order excluding Picray from the Oregon State University campus. Because the parties are familiar with the f acts and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We affirm. The parties do not dispute that Officers Vu and Graves conducted a lawful Terry stop. See Terry v. Ohio , 392 U.S. 1 (1968). Rather, Picray argues that the stop’s forty-minute duration converted hi s detention into an unlawful arrest. While Terry stops must “last no longer than is necessary to effectuate the purpose of the stop,” there are no “rigid time limitation[s]” on such stops. United States v. Sharpe , 470 U.S. 675, 684–85 (1985) (citations omitted). A suspect’s conduct often dictates what is reasonable under Terry , and courts “refuse[ ] to charge police with delays in investigator y detention attributable to the suspect’s evasive actions.” United States v. Montoya de Hernandez , 473 U.S. 531, 543 (1985) (citing Sharpe , 470 U.S. at 687– 88).
2Picray recorded his forty-minute inter action with the officers. A certified transcript of this recording clearly dem onstrates that the officers detained Picray only for the amount of time necessary to effectuate their investigation and that Picray’s combative conduct and failure to cooperate caused the investigation to last forty minutes. With regard to the First Amendment claim, the district court did not err in concluding that Picray identified no record evidence showing that a desire to chill speech was the but-for cause of Rogers’ decision to uphold the exclusion order. Dietrich v. John Ascuaga’s Nugget , 548 F.3d 892, 900–01 (9th Cir. 2008) (quoting Skoog v. County of Clackamas , 469 F.3d 1221, 1231–32 (9th Cir. 2006)). Absent such evidence, Picray’s Fi rst Amendment claim fails.For the foregoing reasons, the district court properly granted DefendantsAppellees’ motions for summary judgment. AFFIRMED.

3
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Objectives
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 555 Introduced in House (IH)]

105th CONGRESS
  2d Session
H. RES. 555

  Recognizing the suffering and hardship endured by American civilian 
                 prisoners of war during World War II.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 1998

    Mrs. Lowey (for herself and Mr. Engel) submitted the following 
 resolution; which was referred to the Committee on Government Reform 
                             and Oversight

_______________________________________________________________________

                               RESOLUTION

 
  Recognizing the suffering and hardship endured by American civilian 
                 prisoners of war during World War II.

Whereas 18,745 American civilians were incarcerated by the Axis powers during 
        World War II;
Whereas the incarceration of these American civilians violated international 
        human rights principles;
Whereas these American civilian prisoners of war were subjected to barbaric 
        prison conditions and endured torture, starvation, and disease; and
Whereas the vast majority of these civilian prisoners of war have never received 
        any formal recognition or compensation for their suffering, despite 
        their physical and emotional trauma: Now, therefore, be it
    Resolved, That the House of Representatives expresses its 
recognition of the suffering and hardship endured by American civilian 
prisoners of war during World War II and extends its sympathies to 
these brave men and women and their families.
                                 <all>
```
C HIEF J USTICE

C AROLYN W RIGHT

J USTICES

D AVID L. B RIDGES

M OLLY F RANCIS

D OUGLAS S. L ANG

E LIZABETH L ANG

- M IERS

R OBERT M. F ILLMORE

L

ANA M YERS

D AVID E VANS

D AVID L EWIS

A DA B ROW N

C RAIG S TODDART

B ILL W HITEHILL

D AVID J. S CHENCK 

# S

Court of Appeals Fifth District of Texas at Dallas

600 C OMMERCE S TREET

, S UITE 200

D ALLAS

, T EXAS 75202

(214) 712

- 3400 L ISA M ATZ

CLERK OF THE COURT

(214) 712

- 3450

lisa.matz@ 5th.txcourts.gov

G AYLE H UMPA

BUSINESS ADMINISTRAT OR

(214) 712

- 3434

gayle.humpa@ 5th.txcourts.gov

F ACSIMILE

(214) 745

- 1083

I NTERNET

HTTP :// 5 TH

. TXCOURTS

. GOV



# April 7, 2016

Shane Bebout

Todd, Barron, Thomason, Hudman & Baxter, P.C.

3800 E. 42nd Street, Suite 409

Odessa, TX 79762

Johnny Wayne Chambless, II

Thompson, Coe, Cousins & Irons, L.L.P.

701 Brazos Street, Suite 1500

Austin, TX 78701

- 3293

Re: Shihab Diais and Odessa Dental Solutions, P.A. v. Land Rover Dallas, L.P. and Snell

Motor Company Operators GP, LLC, General Partners # 05

- 15

- 00115

- CV

Dear Attorneys:

Enclosed is a corrected page for the above

- mentioned case. Please note the following typographica l

error, which has been corrected:

Page 5, s econd paragraph, replace perseveration with preservation.

Please replace page five of your previous copy with the enclosed.

Sincerel y,

/s/ Lisa Matz

Lisa Matz

Clerk of the Court

cc: Trial court judge

Trial court clerk
<PAGE>

                                                                Exhibit No. 31.1

         CERTIFICATION UNDER RULE 13a-14 OF THE SECURITIES EXCHANGE ACT
        OF 1934 FOR CABCO SERIES 2004-101 TRUST (GOLDMAN SACHS CAPITAL I)
              ANNUAL REPORT ON FORM 10-K FOR THE FISCAL YEAR ENDED
                               DECEMBER 31, 2004

I, Robert D. Vascellaro, certify that:

      1. I have reviewed this annual report on Form 10-K, and the reports on
      Form 8-K containing distribution or servicing reports filed in respect of
      the periods included in the year covered by this annual report, filed by
      Corporate Asset Backed Corporation, on behalf of CABCO Series 2004-101
      Trust (Goldman Sachs Capital I);

      2. Based on my knowledge, the information in these reports, taken as a
      whole, 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 as
      of the last day of the period covered by this annual report;

      3. Based on my knowledge, the distribution or servicing information
      required to be provided to the depositor by the trustee under the pooling
      and servicing, or similar, agreement, for inclusion in these reports is
      included in these reports;

      4. I am responsible for reviewing the activities performed by the
      depositor and the trustee under the pooling and servicing, or similar,
      agreement and based upon my knowledge and the annual compliance review
      required under that agreement, and except as disclosed in the reports, the
      depositor and trustee have each fulfilled its obligations under that
      agreement; and

      5. The reports disclose all significant deficiencies relating to the
      compliance by the trustee and the depositor with the minimum servicing
      standards or similar standards based upon the report provided by an
      independent public accountant, after conducting a review in compliance
      with the Uniform Single Attestation Program for Mortgage Bankers or
      similar procedure, as set forth in the pooling and servicing, or similar,
      agreement, that is included in these reports.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated parties: U.S. Bank Trust National
Association, as trustee.

Date: March 31, 2005

                                             By: /s/ Robert D. Vascellaro
                                                 ------------------------------
                                             Name: Robert D. Vascellaro
                                             Title: Vice President,
                                             Corporate Asset Backed Corporation
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 499 Engrossed in House (EH)]

  1st Session

                               H. R. 499

_______________________________________________________________________

                                 AN ACT

  To designate the facility of the United States Postal Service under 
 construction at 7411 Barlite Boulevard in San Antonio, Texas, as the 
               ``Frank M. Tejeda Post Office Building''.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  1st Session
                                H. R. 499

_______________________________________________________________________

                                 AN ACT

 
  To designate the facility of the United States Postal Service under 
 construction at 7411 Barlite Boulevard in San Antonio, Texas, as the 
               ``Frank M. Tejeda Post Office Building''.

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

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service under construction 
at 7411 Barlite Boulevard in San Antonio, Texas, shall be known and 
designated as the ``Frank M. Tejeda Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Frank M. Tejeda Post Office 
Building''.

            Passed the House of Representatives February 5, 1997.

            Attest:

                                                                 Clerk.
```
Exhibit 32.2

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 annual report of Stereotaxis, Inc. (the Company) on Form 10-K for the period ended
December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Daniel J. Johnston, Chief Financial Officer of the Company, certify, pursuant to Rule 13a-14(b) and Section 1350 of
Chapter 63 of Title 18 of the United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of 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 results
of operations of the Company.



|                     |  |  |  |  |  |                                                             
|-------------------- |  |  |  |  |  | ------------------------------------------------------------
|Date: March 15, 2010 |  |  |  |  |  | /s/    DANIEL J.
JOHNSTON                                   
|                     |  |  |  |  |  | Daniel J. Johnston Chief Financial Officer Stereotaxis,
Inc.
0

Case: 1:20-cv-04156 Document #: 142 Filed: 01/04/22 Page 1 of 1 PageID #:2294
EXHIBIT 32.1



CERTIFICATION OF PRINCIPAL EXECUTIVE
OFFICER

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY
ACT OF 2002 (18 U.S.C. § 1350)



I, Charles E. Ramey of US Dataworks, Inc.,
certify pursuant to section 906 of the Sarbanes-Oxley Act of 2002 that:



(i)           the
Quarterly Report on Form 10-Q for the period ended June 30, 2012 (the “Report”), which this statement accompanies
fully complies with the requirements of Section 13(a) 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 operations
of US Dataworks, Inc. as of the dates and for the periods expressed in the Report.



Dated:  August 14, 2012

| |  |                              
| |  | -----------------------------
| |  | /s/ Charles E. Ramey         
| |  | Charles E. Ramey             
| |  | Chief Executive Officer      
| |  | (Principal Executive Officer)
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                           6,112
<SECURITIES>                                         0
<RECEIVABLES>                                   10,857
<ALLOWANCES>                                       496
<INVENTORY>                                          0
<CURRENT-ASSETS>                                17,622
<PP&E>                                          11,114
<DEPRECIATION>                                   5,545
<TOTAL-ASSETS>                                  34,559
<CURRENT-LIABILITIES>                           13,622
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        49,177
<OTHER-SE>                                    (34,369)
<TOTAL-LIABILITY-AND-EQUITY>                    34,559
<SALES>                                         15,966
<TOTAL-REVENUES>                                29,867
<CGS>                                            1,443
<TOTAL-COSTS>                                   10,034
<OTHER-EXPENSES>                                29,125
<LOSS-PROVISION>                                    66
<INTEREST-EXPENSE>                                 627
<INCOME-PRETAX>                               (11,223)
<INCOME-TAX>                                        50
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (11,273)
<EPS-BASIC>                                   (1.08)
<EPS-DILUTED>                                   (1.08)


</TABLE>
##### 



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 registrant as of, and for, the periods presented in this
report;
 4.
    
    The registrant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)) for the registrant 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 registrant, 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)
    
    Evaluated the effectiveness of the registrant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; andc)
    
    Disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrant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 registrants ability to record, process, summarize and report financial information;
andb)
    
    Any fraud, whether or not material, that involves management or other employees who
have a significant role in the registrants internal control over financial reporting.
 Date: March 23, 2007
    By:
    /s/ D. Keith LaVanwayD. Keith LaVanwayVice President  Chief Financial Officer,
Treasurer and Secretary
(Principal Financial Officer and
Principal Accounting Officer)
Exhibit 15.38  
 [Letterhead of Deloitte & Touche LLP]
 August 3, 2010
  
 Dollar Thrifty Automotive Group, Inc.
 5330 East 31st Street
 Tulsa, Oklahoma 74135
   We have reviewed, in accordance with the standards of the Public Company Accounting Oversight Board (United States), the unaudited condensed consolidated interim financial information of Dollar Thrifty Automotive Group, Inc. and subsidiaries for the periods ended June 30, 2010 and 2009, as indicated in our report dated August 3, 2010; because we did not perform an audit, we expressed no opinion on that information.
  We are aware that our report referred to above, which is included in your Quarterly Report on Form 10-Q for the quarter ended June 30, 2010, is incorporated by reference in Registration Statements No. 333-79603, No. 333-89189, No 333-33144, No. 333-33146, No. 333-50800, No. 333-128714, No. 333-152401 and No. 333-161509 on Form S-8, and No. 333-161027 on Form S-3.
  We also are aware that the aforementioned report, pursuant to Rule 436(c) under the Securities Act of 1933, is not considered a part of the Registration Statement prepared or certified by an accountant or a report prepared or certified by an accountant within the meaning of Sections 7 and 11 of that Act.
  Yours truly,
 
 /s/ DELOITTE & TOUCHE LLP
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DISMISS and Opinion Filed April 7, 2022 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-22-00038-CV 

GEORGE W. LEE, Appellant 

V. 

DISCOVER BANK, Appellee 

On Appeal from the County Court at Law No. 2 

Collin County, Texas 

Trial Court Cause No. 002-00254-2021 

MEMORANDUM OPINION 

Before Justices Carlyle, Smith, and Garcia 

Opinion by Justice Smith 

 The clerk’s record has not been filed because appellant has not paid the fee 

for the record. By letter dated March 11, 2022, we instructed appellant to provide, 

within ten days, either written verification that payment or payment arrangements 

for the record have been made or written documentation that appellant has been 

found to be entitled to proceed without payment of costs. We cautioned appellant 

that failure to comply may result in dismissal of the appeal for want of prosecution. 

See TEX. R. APP. P. 37.3(b). As of today’s date, appellant has not filed the requested 

verification or documentation or otherwise communicated with the Court regarding 
 –2– 

the status of the clerk’s record. Accordingly, we dismiss the appeal for want of 

prosecution. See id.

220038F.P05 

 

/Craig Smith/

CRAIG SMITH 

JUSTICE 
 –3– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

GEORGE W. LEE, Appellant 

No. 05-22-00038-CV V. 

DISCOVER BANK, Appellee 

 On Appeal from the County Court at 

Law No. 2, Collin County, Texas 

Trial Court Cause No. 002-00254-

2021. 

Opinion delivered by Justice Smith. 

Justices Carlyle and Garcia 

participating. 

 In accordance with this Court’s opinion of this date, the appeal is 

DISMISSED. 

 It is ORDERED that appellee DISCOVER BANK recover its costs of this 

appeal from appellant GEORGE W. LEE. 

Judgment entered April 7, 2022