alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A19A2352. LOUIS F. REYNAUD, IV v. FIVE OAKS DEVELOPMENT, INC.

This action began as a dispossessory proceeding in magistrate court, which

transferred the case to the superior court. On April 26, 2019, the superior court

issued a final order granting the plaintiff’s motion to issue a writ of possession. Louis

Reynaud filed a notice of appeal on May 7, 2019. We, however, lack jurisdiction.

Generally, a notice of appeal must be filed within 30 days of entry of the order

sought to be appealed. See OCGA § 5-6-38 (a). The underlying subject matter of an

appeal, however, controls over the relief sought in determining the proper appellate

procedure. See Rebich v. Miles, 264 Ga. 467, 467-468 (448 SE2d 192) (1994). The

underlying subject matter here is a dispossessory judgment. Under OCGA § 44-7-56,

appeals in dispossessory actions must be filed within seven days of the date the

judgment was entered. See Ray M. Wright, Inc. v. Jones, 239 Ga. App. 521, 522-523

(521 SE2d 456) (1999). The proper and timely filing of a notice of appeal is an

absolute requirement to confer jurisdiction on this Court. Id. at 523. Reynaud’s

notice of appeal is untimely, as it was filed 11 days after entry of the order he seeks

July 11, 2019
to appeal. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

07/11/2019
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 02-7528

ANDRE P. TOWNSEND, Plaintiff - Appellant,
versus PHILLIP MCLEOD, Warden; BETTY ROBINSON, ADA Coordinator; GAIL FRICKS, Deputy Director of Health Services; AMY ENLOE, Nurse Practitioner; LOREN HUDSON, Registered Nurse; CHRISTIE MARLER; JESSIE TIPPINS, Licensed Practical N urses; FL ORENCE MAUNEY, Disciplinary Hearing Officer; VERNON MILLER, Lieutenant; MICHAEL NAJJAR, Lieutenant; JACQUELLA HOLSINGER, Lieutenant; DANIEL MARTIN, Correctional Officer; WESLEY BANNISTER, Correctional Officer; NOEL MORGAN, Correctional Officer, Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Patrick Michael Duffy, District Judge. (CA-02-722-0-23) Submitted: December 19, 2002 Decided: January 7, 2003 Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.2 Dismissed by unpublished per curiam opinion. Andre P. Townsend, Appellant Pro Se. Steven Michael Pruitt, MCDONALD, PATRICK, TINSLEY, BAGGETT & POSTON, Greenwood, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).*Townsend asserts on appeal that he did not receive the magistrate judge’s report and recommendation. However, the record discloses that it was mailed to him at the appropriate address.
3 PER CURIAM: Andre P. Townsend seeks to appeal the district court’s order dismissing his 42 U.S.C. § 1983 (2000) complaint. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). The magistrate judge recommended that relief be denied and advised Townsend that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Townsend failed to object to the magistrate judge’s recommendation. * The timely filing of specific objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned that failure to object will waive appellate review. See Wright v. Collins , 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn , 474 U.S. 140 (1985). Townsend has waived appellate review by failing to file objections after receiving proper notice. Accordingly, we dismiss the appeal. We also deny Townsend’s motion for appointment of counsel.4 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
| **NCB**FSB****A National Cooperative Bank Company March 14, 2005 LaSalle - Asset Backed Securities Trust Group 135 South LaSalle Street, Suite 1635 Chicago, IL 60603 RE: Annual Statement as to Compliance  MSDW Series 2004 IQ7 Dear Sir/Madam: In accordance with the Pooling and Servicing Agreement herewith is the Officer's Certificate. a.  A review of the activities of the Master Servicer during the preceding calendar year and of its performance under the Sale and Servicing Agreement has been made under such officer's supervision. b.  To the best of my knowledge, based on these reviews, the Master Servicer has fulfilled all obligations under this agreement in all material respects throughout the year. c.  We have received no notice regarding the qualification, or challenging the status, of the Upper-Tier REMIC, the Lower-Tier REMIC as a REMIC or the Grantor Trust as a grantor trust from the IRS or any other governmental agency or body. Sincerely,  */s/ Matthew Wehland*Matthew Wehland Vice President NCB NCB, FSB |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
H. Res. 605

In the House of Representatives, U.S.,

October 20, 1998.

Resolved, That upon adoption of this resolution it shall

be in order to consider the conference report to accompany

the bill (H.R. 4328) making appropriations for the Department of Transportation and related agencies for the fiscal

year ending September 30, 1999, and for other purposes. All

points of order against the conference report and against its

consideration are waived. The conference report shall be considered as read.

Attest:

Clerk.
|                           |  |  |  |                             
|-------------------------- |  |  |  | ----------------------------
|                           |  |  |  |                             
|Robison, Hill & Co.        |  |  |  | Certified Public Accountants
|A PROFESSIONAL CORPORATION |  | 
|                           |  |  |  | Brent M. Davies, CPA        
|                           |  |  |  | David O. Seal, CPA          
|                           |  |  |  | W. Dale Westenskow, CPA     
|                           |  |  |  | Barry D. Loveless, CPA      
|                           |  |  |  | Stephen M. Halley, CPA      



CONSENT OF INDEPENDENT ACCOUNTANTS



To the Board of Directors
Homeland Precious Metals Corp.



We have issued an audit report dated September 22, 2006 for the year ended March 31, 2006 for Homeland Precious Metals Corp. included in the Registration Statement Form 20-F.  We consent  to the use of our auditors report in the aforementioned registration statement and to the  reference to our firm under the heading "Experts."



Respectfully submitted,



ROBINSON, HILL & Co.
Certified Public Accountants

Salt Lake City, Utah
September 29, 2006

















---
##### 



EXHIBIT 32.2

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

The undersigned, the Senior Vice President, Treasurer and Assistant Secretary
of Webster Preferred Capital Corporation (the Company), hereby certifies
that, to his knowledge on the date hereof:



|(a) |  | the Form 10-Q Report of the Company for the quarter ended March 31, 2004
filed on the date hereof with the Securities and Exchange Commission (the
Report) fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934; and
|--- |  | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|   
|(b) |  | information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the
Company.                                                                                                                       

/s/ Gregory S. MadarGregory S. Madar,
Senior Vice President,
Treasurer and Assistant Secretary
(Principal Financial and Accounting Officer)
May 7, 2004


A signed original of this written statement required by Section 906 has been
provided to Webster Preferred Capital Corporation and will be retained by
Webster Preferred Capital Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.

20
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          OCT-31-1999
<PERIOD-START>                             NOV-01-1998
<PERIOD-END>                               JAN-31-1999
<CASH>                                          21,125
<SECURITIES>                                         0
<RECEIVABLES>                                   11,309
<ALLOWANCES>                                       749
<INVENTORY>                                          0
<CURRENT-ASSETS>                                37,399
<PP&E>                                           2,043
<DEPRECIATION>                                     456
<TOTAL-ASSETS>                                  40,307
<CURRENT-LIABILITIES>                           13,525
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      25,192
<TOTAL-LIABILITY-AND-EQUITY>                    40,307
<SALES>                                          7,342
<TOTAL-REVENUES>                                 7,342
<CGS>                                            6,391
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   210
<INTEREST-EXPENSE>                                  18
<INCOME-PRETAX>                                  (840)
<INCOME-TAX>                                      (62)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (884)
<EPS-PRIMARY>                                   (0.14)
<EPS-DILUTED>                                   (0.14)
        

</TABLE>
**Exhibit 12.1**

 

STATEMENT OF CALCULATION OF RATIO OF EARNINGS TO FIXED CHARGES  (Dollars in Thousands)

 

For the purpose of calculating the ratio of earnings to fixed charges, “earnings” represent income before distributions to tribe plus fixed charges and amortization of capital interest. “Fixed charges” consist of (a) interest expense and capitalized; (b) amortized premiums, discounts and capitalized expenses related to indebtedness; and (c) an estimate of the interest within rental expenses.

 
| ** **                                    | ** ** | **Fiscal Year Ended**      | ** ** |
|-----------------------------------------------|------------|--------------------------------------|------------|
| ** **                                    | ** ** | **2010**                             | ** ** | **2009** | ** ** | **2008** | ** ** | **2007** | ** ** | **2006** | ** ** |
| ** **                                    | ** ** | **(Dollars in Thousands)** | ** ** |
|                                          |       |                                 |       |   |   |   |   |   |   |   |   |
| Earnings: Income before Distribution to Tribe |       | $                                    | 25,691     |   | $ | 23,669 |   | $ | 24,303 |   | $ | 20,710 |   | $ | 20,229 |   |
| Fixed Charges: Interest Expense               |       | 20,804                               |       | 20,860 |   | 20,865 |   | 20,872 |   | 20,884 |   |
| Amortization of Capitalized Interest          |       | 318                                  |       | 318 |   | 318 |   | 318 |   | 318 |   |
|                                          |       | 46,813                               |       | 44,847 |   | 45,486 |   | 41,900 |   | 41,431 |   |
|                                          |       |                                 |       |   |   |   |   |   |   |   |   |
| Total Earnings                                |       | 46,813                               |       | 44,847 |   | 45,486 |   | 41,900 |   | 41,431 |   |
| Fixed Charges                                 |       | 20,859                               |       | 20,860 |   | 20,865 |   | 20,872 |   | 20,884 |   |
| **Ratio of Earnings to Fixed   Charges**      |       | 2.24X                                |       | 2.15X |   | 2.18X |   | 2.01X |   | 1.98X |   |
|                                               |            |                                      |            |  |  |  |  |  |  |  |  |  |  |  |  |  |

 

----
Continuing Education Units

VERIFICATION OF ATTENDANCE FORM

Certification Number:________________

 attended the following professional educational activity. 

(NAME)

Title: National Initiative for Cybersecurity Education (NICE) Webinar: Educating Youth for a Cybersecurity 

Future

Date(s): September 16, 2020 CEU Hours Earned: 1 hr 

Sponsor(s): National Institute of Standards and Technology (NIST) 

Explanation of Event: This webinar will focus on:

How cybersecurity awareness or digital literacy campaigns can both increase online safety and attract students to 

technology and cybersecurity-related careers; Approaches for introducing cybersecurity into educational curriculum in 

elementary, middle, and high schools across the curriculum, as focused courses, or as programs of study in Career 

Technical Education; and Supporting “Opportunity Youth” (young people between the ages of 16 and 24 who are not 

enrolled in school or participating in the labor market) to explore cybersecurity as an area of study or careers. 

Webinar attendees heard presentations from: 

• Dr. Chuck Gardner, Director of Curriculum, CYBER.ORG

• Monique Miles, Vice President, Aspen Institute Managing Director, Aspen Forum for Community Solutions

Director, Opportunity Youth Forum

• Michael Connet, Associate Deputy Executive Director, Outreach and Partnership Development

Association for Career & Technical Education

Location: Virtual Webinar; www.nist.gov/nice/webinars

Name of Meeting Host: Rodney Petersen, Director of the National Initiative for Cybersecurity Education (NICE)

 

Contact Information:

nist.gov/nice 

nist.nice@nist.gov

The Continuing Education Units form is provided as a courtesy. It is the responsibility of the 

attendee to complete and submit with their certifying authority.
#### Francis FORPA, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

No. 04-1412.

United States Court of Appeals, Fourth Circuit.

Submitted Dec. 13, 2004.

Decided Jan. 7, 2005.

David K. Wenger, Wenger & Dadisman, P.C., Detroit, Michigan, for Petitioner. Peter D. Keisler, Assistant Attorney General, Douglas E. Ginsburg, Senior Litigation Counsel, John D. Williams, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

*309Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.

Petition denied; vacated in part by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM.

Francis Forpa, a native and citizen of Cameroon, seeks review of a decision of the Board of Immigration Appeals affirming without opinion the Immigration Judge’s (IJ) denial of his application for asylum.

We reject Forpa’s contention that he qualified for asylum. Forpa does not qualify for relief because the IJ made a negative credibility determination that is amply supported by the record and is entitled to deference. 8 U.S.C. § 1252(b)(4) (2000); *see Camara v. Ashcroft,*378 F.3d 361, 367 (4th Cir.2004); *Rusu v. INS,*296 F.3d 316, 323 (4th Cir.2002). We conclude, however, that the record does not support the conclusion that Forpa knowingly filed a frivolous application. *See*8 U.S.C. § 1158(d)(6) (2000); 8 C.F.R. § 208.20 (2004).

Accordingly, although we deny the petition for review, we vacate the Board’s decision insofar as it finds Forpa’s application frivolous. 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; VACATED IN PART*
1

IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JOHN AND JANE DOE, )

Plaintiffs, )

v. )

)

BOARD OF EDUCATION FOR ) 20 cv 03794

BEECHER SCHOOL DISTRICT ) Hon. Charles R. Norgle

#200U; BEECHER SCHOOL )

DISTRICT #200U AND JAMES )

VIDMAR, )

Defendants. )

MOTION TO STAY PROCEEDINGS

Comes the Defendant, James Vidmar, by and through his attorney Timothy P. 

Whelan and moves this court to stay these proceedings until the completion of the pending criminal 

charges in Will County against the Defendant and in support thereof states as follows:

1.The Plaintiffs filed a multi count complaint against the Defendant, the school district and 

the shool district’s board which seeks damages for certain action alleged to have been committed 

by Defendant Vidmar in violation of 42 USC. 1983 and certain state causes of action from 

incident(s) in 2018.

2. The Defendant Vidmar has been charged with criminal actions in 2018 CF 2275 in Will 

County Illinois for the same actions by the same victim; those charges remain pending and 

undetermined.

3. Pursuant to Younger v. Harris 401 U.S. 37 (1971) this matter should be stayed until 

conclusion of the pending criminal matters.

Case: 1:20-cv-03794 Document #: 23 Filed: 08/30/21 Page 1 of 2 PageID #:98
2

4. Even if Younger did not apply to this case, this court can nevertheless exercise its 

inherent authority to order a stay Doe v. City of Chicago 360 F. Supp 2d 880 (N.D. Ill.2005).

5. Plaintiff’s counsel has indicated the Plaintiffs are not objecting to the stay by this Court 

until such time a the criminal proceedings are concluded.

WHEREFORE the Defendant, James Vidmar, prays this court enter an order staying this 

action until the conclusion of the criminal proceedings and such other relief this court deems 

appropriate.

Respectfully Submitted,

/S/ Timothy P. Whelan 

Attorney for Defendant Vidmar

Timothy P. Whelan # 3126613

Timothy Whelan Law Associates, Ltd.

480 E. Roosevelt Road Suite 203

West Chicago, IL 60185

630-653-0202

tpwlaw@comcast.net

Case: 1:20-cv-03794 Document #: 23 Filed: 08/30/21 Page 2 of 2 PageID #:99
[Federal Register Volume 79, Number 220 (Friday, November 14, 2014)]
[Notices]
[Page 68244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26975]


-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the 
banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The applications will also be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, 
nonbanking activities will be conducted throughout the United States.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than December 8, 2014.
    A. Federal Reserve Bank of Richmond (Adam M. Drimer, Assistant Vice 
President) 701 East Byrd Street, Richmond, Virginia 23261-4528:
    1. First Capital Bancshares, Inc., Bennettsville, South Carolina 
(which proposes to relocate to Laurinburg, North Carolina); to become a 
bank holding company upon the relocation and conversion of First 
Capital Bank, Bennettsville, South Carolina, to a North Carolina 
chartered commercial bank.
    B. Federal Reserve Bank of Minneapolis (Jacquelyn K. Brunmeier, 
Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 
55480-0291:
    1. Deerwood Bancshares, Inc., Deerwood, Minnesota; to acquire 100 
percent of the voting shares of American Bank of Saint Paul, Saint 
Paul, Minnesota.

    Board of Governors of the Federal Reserve System, November 10, 
2014.
Michael J. Lewandowski,
Associate Secretary of the Board.
[FR Doc. 2014-26975 Filed 11-13-14; 8:45 am]
BILLING CODE 6210-01-P
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 Annual Report of Timberline Resources Corporation (the “Company”) on Form 10-K/A for the fiscal year ended September 30, 2013, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Paul Dircksen, President, Chief Executive Officer and Executive Chairman 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, 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.








Date: January 28, 2014


By: /s/ Paul Dircksen

Paul Dircksen

President, Chief Executive Officer & Executive Chairman

Principal Executive Officer











The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.