alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N OTE : This o rder is non precedential.


# United States **Court of Appeals**  **for the Federal Circuit**

______________________
DENISE L. ROBINSON, Petitioner,

v.

DEPARTMENT OF THE IN TERIOR, Respondent.

______________________

2014

- 3176

______________________
Petition for review of the Merit Systems Protection Board in No. DC

- 0752

- 0580 -I- 1.

______________________

ON MOTION

______________________

O R D E R

Denise L. Robinson moves for leave to proceed in forma pauperis.

Upon consideration thereof,

I T I S O RDERED T HAT : The motion is granted. Case: 14-3176 Document: 4 Page: 1 Filed: 09/03/2014DENISE ROBINSON v. INTERIOR 2

F OR THE C OURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

s24 Case: 14-3176 Document: 4 Page: 2 Filed: 09/03/2014
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

NATHOLEE MORIN
, Appellant,

v.

BENNETT AUTO SUPPLY, INC.
, Appellee

.

No. 4D 22

- 234

[ January 26, 2023 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach County ; Joseph George Marx , Judge; L.T. Case No.
502019CA015092XXXXMB

.

Shawn McCloskey of Schwed, Adams & McGinley, P.A., Palm Beach Gardens, & Nichole J. Segal of Burlington & Rockenbach, P.A., West Palm Beach, for appellant.

Jack R. Reiter & Robert C. Weill of GrayRobinson

, Miami , for appellee.

P ER C URIAM

.

Affirmed.

M AY
, L EVINE and C ONNER
, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 23-5011 September Term, 2022

1:22-cv-03683-JMC

Filed On: April 10, 2023

Friedrich Lu,

Appellant

v.

Julio A. Castillo, Clerk, et al.,

Appellees

ON APPEAL FROM THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA

BEFORE: Pillard and Childs, Circuit Judges, and Sentelle, Senior Circuit

Judge

J U D G M E N T

This appeal was considered on the record from the United States District Court

for the District of Columbia and on the brief filed by appellant. See Fed. R. App. P.

34(a)(2); D.C. Cir. Rule 34(j). Upon consideration of the foregoing and the motion for

injunction, it is

ORDERED that the motion for injunction be denied. It is

FURTHER ORDERED AND ADJUDGED that the district court’s December 22,

2022 order be affirmed. Appellant argues in his brief and in his motion that two motions

for preliminary injunctions that he either filed or attempted to file in district court should

have been granted. However, the denial of a motion for a preliminary injunction

“merge[s]” into a final decision on the merits, Conecuh-Monroe Cmty. Action Agency v.

Bowen, 852 F.2d 581, 586 (D.C. Cir. 1988), and appellant has shown no error in the

district court’s dismissal of his claims. He has identified no federal right enforceable

under 42 U.S.C. § 1983 to file an amicus brief, and he has forfeited any challenge to

the dismissal of his claim under the Racketeer Influenced and Corrupt Organizations

Act by not addressing that claim in his brief, see United States ex rel. Totten v.

Bombardier Corp., 380 F.3d 488, 497 (D.C. Cir. 2004). Consequently, he cannot show

that he was entitled to the requested injunctive relief.
United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 23-5011 September Term, 2022

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk

is directed to withhold issuance of the mandate herein until seven days after resolution

of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App.

P. 41(b); D.C. Cir. Rule 41.

Per Curiam

FOR THE COURT:

Mark J. Langer, Clerk 

BY: /s/

Michael C. McGrail 

Deputy Clerk

Page 2
#### Santos PASTOR-HERNANDEZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-73417.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 27, 2006.*

Filed Oct. 31, 2006.

Santos Pastor-Hemandez, Imperial, CA, pro se.

CAS-District Counsel, Office of the District Counsel Department of Homeland Security, Melanie Shender, Esq., USSD-Of-fice of the U.S. Attorney, San Diego, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: SKOPIL, BOOCHEVER, and LEAVY, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

*856MEMORANDUM **

Santos Pastor-Hernandez, a native and citizen of Guatemala, petitions for review from the order of the Board of Immigration Appeals (BIA), which denied as untimely his motion to reconsider the BIA’s denial of his appeal of his removal order for being an alien convicted of an aggravated felony. *See*8 U.S.C. § 1227(a)(2)(A)(iii). We have jurisdiction under 8 U.S.C. § 1252, and we deny his petition for review.

Pastor-Hernandez had until September 12, 2004 to file his motion to reconsider, but the BIA received and filed it on October 5, 2004. The motion was untimely. *See*8 C.F.R. § 1003.2(b)(2) (thirty days to file motion to reconsider). We note that his initial appeal of his removal order also was untimely; although he was advised to file it by June 17, 2004, the BIA did not receive it until July 29, 2004. *See*8 C.F.R. § 1003.38(b) *&*(c) (thirty days to file notice of appeal, and date of filing is date BIA receives notice). The notice of appeal and the motion to reconsider were both untimely.

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9 th Cir. R. 36-3.
<PAGE>
                                                                    Exhibit 99.1

                            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 Quarterly Report of AM Communications, Inc. (the
"Company") on Form 10-QSB for the period ending December 28, 2002, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), Javad
K. Hassan, Chairman and Chief Executive Officer of the Company certifies,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:

         (1) The Report fully complies with the requirements of Section 13(a) or
Section 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 operation of the
Company.


Dated: February 19, 2003            /s/ Javad K. Hassan
                                    ------------------------------------------
                                    Name:  Javad K. Hassan
                                    Title: Chairman and Chief Executive Officer
                                           (Chief Executive Officer)





*This certification accompanies the Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
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 Quarterly Report of FieldPoint Petroleum Corporation (the "Company") on Form 10-Q for the period ended September 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Ray Reaves, Chief Executive Officer and Chief Financial 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, 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 result of operations of the Company.  __/s/ Ray Reaves________________ Ray Reaves Chief Executive Officer and Chief Financial Officer November 12, 2008
#### The People of the State of New York, Respondent, v Taniece E. Barnes, Appellant.

[972 NYS2d 773]

Appeal from a judgment of the Ontario County Court (Frederick G. Reed, A.J.), rendered November 2, 2011. The judgment convicted defendant, upon a jury verdict, of burglary in the second degree, petit larceny and criminal possession of stolen property in the fifth degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her upon a jury verdict of burglary in the second degree (Penal Law § 140.25 [1] [b]), petit larceny (§ 155.25) and criminal pos*1454session of stolen property in the fifth degree (§ 165.40). Viewing the evidence in light of the elements of the crimes as charged to the jury *(see People v Danielson,*9 NY3d 342, 349 [2007]), we reject defendant’s contention that the verdict is against the weight of the evidence *(see generally People v Bleakley,*69 NY2d 490, 495 [1987]). We reject defendant’s further contention that County Court erred in refusing to instruct the jury on the lesser included charge of burglary in the third degree. No reasonable view of the evidence supports a finding that defendant committed the lesser offense but not the greater *(see People v Ali,*89 AD3d 1417, 1418 [2011], *lv denied*18 NY3d 922 [2012]). We likewise reject defendant’s contention that the court erred in providing supplemental instructions to the jury on the issue whether defendant “defie[d] a lawful order not to enter or remain [on the premises], personally communicated to [her] by the owner of such premises or other authorized person” (§ 140.00 [5]). Pursuant to CPL 310.30, the trial court has an obligation to provide meaningful responses to all questions from the jury during deliberations *(see generally People v Almodovar,*62 NY2d 126, 131-132 [1984]), and the court fulfilled that duty here. We note that defendant does not contend that the supplemental instructions contained an erroneous statement of the law. Finally, the sentence is not unduly harsh or severe. Present — Smith, J.P., Garni, Sconiers and Valentino, JJ.
**EXHIBIT
        32.2**
 
 **STATMON
        TECHNOLOGIES CORP.**
 
 **CERTIFICATION
        PURSUANT TO**
 **19
        U.S.C. SECTION 1350,**
 **AS
        ADOPTED PURSUANT TO**
 **SECTION
        906 OF THE SARBANES-OXLEY ACT OF 2002**
  In
        connection with the Quarterly Report of Statmon Technologies Corp. (the
        "Company") on Form 10-QSB for the period ended June 30, 2006 as filed with
        the
        Securities and Exchange Commission on the date hereof (the "Report"), I,
        Geoffrey P. Talbot, Chief Financial Officer of the Company, certify, pursuant
        to
        18 U.S.C. § 1350, as adopted pursuant to §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.
  **/s/ Geoffrey P. Talbot**
                **Geoffrey
                  P. Talbot**
                **Chief
                  Financial Officer**
                **August
                    14, 2006**
  A
        signed
        original of this written statement required by Section 906, or other document
        authenticating, acknowledging, or otherwise adopting the signature that appears
        in typed form within the electronic version of this written statement required
        by Section 906, has been provided to Statmon Technologies Corp. and will
        be
        retained by Statmon Technologies Corp. and furnished to the Securities and
        Exchange Commission or its staff upon request.
Exhibit 32

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

The  undersigned,  Shmuel  Shneibalg,  President,  Secretary,  and  Director  of
Datigen.com,  Inc. (the "Company") certifies,  under the standards set forth and
solely for the purposes of 18 U.S.C. 1350, as adopted pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002,  that, to his knowledge,  the Annual Report on
Form 10-KSB of the Company for the year ended  December 31, 2004 fully  complies
with the  requirements of Section 13(a) or 15(d) of the Securities  Exchange Act
of 1934 and information  contained in that Form 10-KSB fairly  presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Company.



Dated:  November 28, 2005

/s/ Shmuel Shneibalg
Shmuel Shneibalg
President, Secretary, and Director

A signed  original of this  written  statement  required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
Exhibit 32.1

BULOVA TECHNOLOGIES GROUP, INC.

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 Quarterly
Report of Bulova Technologies Group, Inc. (the Company) on Form 10-Q for the quarterly period ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the Report), I Stephen L Gurba, Principal Executive
Officer of the Company, certify, pursuant to 18 U.S.C. ss. 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Stephen L GurbaStephen L GurbaPrincipal Executive Officer
May 16, 2011
SCWC-19-0000491

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

STATE OF HAWAI‘I,

Petitioner and Respondent/Plaintiff-Appellant,

vs.

TIANA F.M. SAGAPOLUTELE-SILVA,

Respondent and Petitioner/Defendant-Appellee.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-19-0000491; 1DTA-18-01227)

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., Nakayama, McKenna, and Wilson, JJ.,

and Circuit Judge Wong, assigned by reason of vacancy)

Petitioner and Respondent/Plaintiff-Appellant, State 

of Hawai‘i’s application for writ of certiorari filed on 

August 13, 2020, is hereby accepted, and will be scheduled for 

oral argument. The parties will be notified by the appellate 

clerk regarding scheduling. 

DATED: Honolulu, Hawai‘i, September 16, 2020.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna 

/s/ Michael D. Wilson

/s/ Paul B.K. Wong

Electronically Filed

Supreme Court

SCWC-19-0000491

16-SEP-2020

12:12 PM
<TABLE> <S> <C>

<ARTICLE>           5
<MULTIPLIER>        1,000

<S>                 <C>
<PERIOD-TYPE>       9-MOS
<FISCAL-YEAR-END>   Nov-30-1999
<PERIOD-START>      Dec-01-1999
<PERIOD-END>        Aug-31-1999
<CASH>                          47
<SECURITIES>                     0
<RECEIVABLES>                 4071
<ALLOWANCES>                     0
<INVENTORY>                   4298
<CURRENT-ASSETS>              8055
<PP&E>                        1541
<DEPRECIATION>                 783
<TOTAL-ASSETS>              11,184
<CURRENT-LIABILITIES>        4,970
<BONDS>                          0
<COMMON>                       131
<PREFERRED-MANDATORY>            0
<PREFERRED>                      0
<OTHER-SE>                    3853
<TOTAL-LIABILITY-AND-EQUITY>11,184
<SALES>                     18,960
<TOTAL-REVENUES>            18,960
<CGS>                       13,245
<TOTAL-COSTS>               17,854
<OTHER-EXPENSES>                 0
<LOSS-PROVISION>                 0
<INTEREST-EXPENSE>             123
<INCOME-PRETAX>               1061
<INCOME-TAX>                   321
<INCOME-CONTINUING>            740
<DISCONTINUED>                   0
<EXTRAORDINARY>                  0
<CHANGES>                        0
<NET-INCOME>                   740
<EPS-BASIC>                  .08
<EPS-DILUTED>                  .08


</TABLE>
Exhibit 32.2

BULOVA TECHNOLOGIES GROUP, INC. AND CONSOLIDATED AFFILIATES

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 Quarterly Report of Bulova Technologies Group, Inc. (the Company) on Form 10-Q/A for the quarterly period ended March 31,
2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John D. Stanton, Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ John D. StantonJohn D. StantonPrincipal Financial Officer
May 21, 2010
#### In the Matter of Aliyanna M., an Infant. Orange County Department of Social Services; Respondent, Kelly K., Appellant.

[873 NYS2d 124]

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals from an order of fact-finding and disposition (one paper) of the Family Court, Orange County (Woods, J.), dated October 15, 2007, which, after fact-finding and disposi-tional hearings, found that she had permanently neglected the child, terminated her parental rights, and transferred guardianship and custody of the child to the Orange County Department of Social Services for the purpose of adoption.

Ordered that the order of fact-finding and disposition is affirmed, without costs or disbursements.

Contrary to the mother’s contention, the presentment agency *854established that it made diligent efforts to assist her in maintaining contact with the child and planning for the child’s future *(see Matter of Star Leslie W.,*63 NY2d 136 [1984]; *cf. Matter of Sheila G.,*61 NY2d 368 [1984]). These efforts included facilitating visitation, providing the mother with various services and financial assistance, and advising her that she must visit with the child and plan for the child’s return. Despite these efforts, the mother failed to plan for the child’s future *(see Matter of Leah Tanisha A.-N,*48 AD3d 801 [2008]).

Furthermore, the Family Court’s determination that it was in the child’s best interests to terminate the mother’s parental rights and free her for adoption is supported by a preponderance of the evidence *(see Matter of Star Leslie W.,*63 NY2d 136, 147-148 [1984]; *Matter of Tiffany A.,*242 AD2d 709 [1997]). Fisher, J.E, Miller, Garni and Balkin, JJ., concur.
<PAGE>

                                    FORM 6-K

                       SECURITIES AND EXCHANGE COMMISSION
                             WASHINGTON, D.C. 20549

                        REPORT OF FOREIGN PRIVATE ISSUER

                        PURSUANT TO RULE 13a-16 OR 15d-16
                     OF THE SECURITIES EXCHANGE ACT OF 1934

                         For the month of February 2005

                        Commission File Number 333-101591

                          GERDAU AMERISTEEL CORPORATION

                              5100 W. Lemon Street
                                   Suite 3100
                                 Tampa, Florida
                                      33609

     Indicate by check mark whether the registrant files or will file annual
                   reports under cover Form 20-F or Form 40-F.

                           Form 20-F [ ] Form 40-F [X]

  Indicate by check mark if the registrant is submitting the Form 6-K in paper
               as permitted by Regulation S-T Rule 101(b)(1): [ ]

  Indicate by check mark if the registrant is submitting the Form 6-K in paper
               as permitted by Regulation S-T Rule 101(b)(7): [ ]

 Indicate by check mark whether by furnishing the information contained in this
     Form, the registrant is also thereby furnishing the information to the
       Commission pursuant to Rule 12g3-2(b) under the Securities Exchange
                                  Act of 1934.

                                 Yes [ ] No [X]

  If "Yes" is marked, indicate below the file number assigned to the registrant
                   in connection with Rule 12g3-2(b): 82- [ ]

<PAGE>

                                  EXHIBIT LIST

<TABLE>
<CAPTION>
Exhibit        Description
-------        -----------
<S>            <C>
  99.1         Press Release, dated February 1, 2005

  99.2         Press Release, dated February 1, 2005
</TABLE>


<PAGE>

                                   SIGNATURES

      Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.

Date:  February 1, 2005

                                       GERDAU AMERISTEEL CORPORATION

                                       By:     /s/ Tom J. Landa
                                          -------------------------------------
                                       Name:   Tom J. Landa
                                       Title:  Vice-President, Chief Financial
                                               Officer and Secretary