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

San Antonio, Texas

December 18, 2019

No. 04-19-00748-CV

IN RE Eukesha MAYE

Original Mandamus Proceeding1

ORDER

On October 23, 2019, relator filed a petition for writ of mandamus. Relator also filed a 

motion for stay of the underlying proceedings pending final resolution of the petition for writ of 

mandamus, which this court granted on October 24, 2019. The real party in interest filed a 

response, to which relator replied. After considering the petition, response, reply, and record, this 

court concludes relator is not entitled to the relief sought. Accordingly, the petition for writ of 

mandamus is denied. See TEX. R. APP. P. 52.8(a). The stay imposed on October 24, 2019 is lifted. 

It is so ORDERED on December 18, 2019.

_____________________________

Irene Rios, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 18th day of December, 2019.

_____________________________

Michael A. Cruz, Clerk of Court

 1 This proceeding arises out of Cause No. 2006-CI-04682, styled In the Interest of C.K.W. and C.K.W., Children, 

pending in the 73rd Judicial District Court, Bexar County, Texas, the Honorable Mary Lou Alvarez presiding.
<TABLE> <S> <C>


<ARTICLE>                           5
<RESTATED>
<MULTIPLIER>                        1,000

       

<S>                                 <C>
<PERIOD-TYPE>                       3-MOS
<FISCAL-YEAR-END>                   SEP-30-1995
<PERIOD-END>                        DEC-31-1994
<CASH>                              34,380
<SECURITIES>                        0
<RECEIVABLES>                       131,692
<ALLOWANCES>                        3,041
<INVENTORY>                         102,368
<CURRENT-ASSETS>                    271,942
<PP&E>                              241,297
<DEPRECIATION>                      160,038
<TOTAL-ASSETS>                      435,324
<CURRENT-LIABILITIES>               91,068
<BONDS>                             50,949
<PREFERRED-MANDATORY>               0
<PREFERRED>                         0
<COMMON>                            304
<OTHER-SE>                          287,520
<TOTAL-LIABILITY-AND-EQUITY>        435,324
<SALES>                             140,955
<TOTAL-REVENUES>                    140,955
<CGS>                               83,780
<TOTAL-COSTS>                       83,780
<OTHER-EXPENSES>                    35,855
<LOSS-PROVISION>                    180
<INTEREST-EXPENSE>                  1,451
<INCOME-PRETAX>                     19,910
<INCOME-TAX>                        7,036
<INCOME-CONTINUING>                 12,874
<DISCONTINUED>                      920
<EXTRAORDINARY>                     0
<CHANGES>                           0
<NET-INCOME>                        11,954
<EPS-PRIMARY>                       0.13
<EPS-DILUTED>                       0.13
<FN>
This financial data schedule has been restated in accordance with SFAS No. 128
(Earnings Per Share), and also to reflect the disposal of the company's network
products business.
</FN>


        

</TABLE>
**Exhibit 31.2**

 

**CERTIFICATION**

 

I, Juris Pagrabs, Executive Vice President and Chief Financial Officer of eMerge Interactive, Inc. (the “Registrant”), certify that: 

 

1.  I have reviewed this report on Form 10-K of eMergeInteractive, Inc.; 

 

2.  Based on my knowledge, thisannual 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 theperiod covered by this annual report; 

 

3.  Based onmy 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, theperiods presented in this annual report; 

 

4.  TheRegistrant’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 andprocedures, 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 thoseentities, particularly during the period in which this annual report is being prepared; 

 

b.  (paragraph omitted pursuant to SEC Release Nos. 33-8238 and 34-47986); 

 

c.  evaluated the effectiveness of theRegistrant’s disclosure controls and procedures and presented in this annual report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this annual report based on suchevaluation; and 

 

d.  disclosed inthis annual report any change in the Registrant’s internal control over financial reporting that occurred during the Registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, theRegistrant’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 theRegistrant’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 reportingwhich are reasonably likely to adversely affect the Registrant’s ability to record, process, summarize and report financial information; and 

 

b.  any fraud, whether or not material, that involves management or other employees who have a significant role in theRegistrant’s internal control over financial reporting.
#### Jean Bosco MURENZI, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-2311.

United States Court of Appeals, Fourth Circuit.

Submitted: Sept. 25, 2006.

Decided: Oct. 16, 2006.

Ivan Yacub, Law Office of Ivan Yacub, Falls Church, Virginia, for Petitioner. Peter D. Keisler, Assistant Attorney General, Carol Federighi, Mark L. Gross, Andrew G. Braniff, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Before WILKINSON, NIEMEYER, and WILLIAMS, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

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

PER CURIAM:

Jean Bosco Murenzi, a native of Uganda and citizen of Rwanda, petitions for review of an order of the Board of Immigration Appeals (Board) affirming without opinion the immigration judge’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture.* Because the Board affirmed under its streamlined process, *see*8 C.F.R. § 1003.1(e)(4) (2006), the immigration judge’s decision is the final agency determination. *See Camara v. Ashcroft,*378 F.3d 361, 366 (4th Cir.2004).

Murenzi challenges the Board’s finding that his testimony was not credible, and that he otherwise failed to meet his burden of proof to qualify for asylum. We will reverse this decision only if the evidence “was so compelling that no reasonable fact finder could fail to find the requisite fear of persecution,” *Rusu v. INS,*296 F.3d *499316, 325 n. 14 (4th Cir.2002) (internal quotations and citations omitted), and uphold credibility determinations if they are supported by substantial evidence. *See Tew-abe v. Gonzales,*446 F.3d 533, 538 (4th Cir .2006).

We have reviewed the administrative record and the Board’s decision and find that substantial evidence supports the adverse credibility finding and the ruling that Murenzi failed to establish past persecution or a well-founded fear of future persecution as necessary to establish eligibility for asylum. *See*8 C.F.R. § 1208.13(a) (2006) (stating that the burden of proof is on the alien to establish eligibility for asylum); *INS v. Elias-Zaca-rias,*502 U.S. 478, 483, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992) (same).

Accordingly, we deny the petition for review. 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.*

*

As Murenzi's brief raised no claims concerning the denial of withholding of removal or protection under the Convention Against Torture, any such claims are waived. *Edwards v. City of Goldsboro,*178 F.3d 231, 241 n. 6 (4th Cir.1999).
#### State v. Love

Case below: 184 N.C. App. - (3 July 2007)

No. 394P07

Def’s PDR Under N.C.G.S. 7A-31 (COA06-916)

Denied 11/08/07
[Federal Register Volume 80, Number 2 (Monday, January 5, 2015)]
[Notices]
[Page 226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30813]


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

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 January 29, 2015.
    A. Federal Reserve Bank of New York (Ivan Hurwitz, Vice President) 
33 Liberty Street, New York, New York 10045-0001:
    1. The Adirondack Trust Company Employee Stock Ownership Trust, 
Saratoga Springs, New York; to acquire additional voting shares of 473 
Broadway Holding Corporation and acquire additional voting shares of 
The Adirondack Trust Company, both in Saratoga Springs, New York.
    B. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant 
Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:
    1. Erick Bancshares, Inc., Erick, Oklahoma; to acquire 100 percent 
of the voting shares of First State Bank, Porter, Oklahoma.
    2. First American Bank of Erick ESOP/401(k) Plan, Erick, Oklahoma; 
to become a bank holding company by acquiring no more than 36 percent 
of the voting shares of Erick Bancshares, Inc., and thereby indirectly 
acquire First American Bank, both in Erick, Oklahoma.

    Board of Governors of the Federal Reserve System, December 30, 
2014.
Michael J. Lewandowski,
Associate Secretary of the Board.
[FR Doc. 2014-30813 Filed 1-2-15; 8:45 am]
BILLING CODE 6210-01-P
I 

118TH CONGRESS 

1ST SESSION H. R. 2340 

To provide for a limitation on availability of funds for Bilateral Economic 

Assistance, Development Credit Authority for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To provide for a limitation on availability of funds for Bilateral Economic Assistance, Development Credit Authority 

for fiscal year 2024. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 BILATERAL ECONOMIC ASSISTANCE, DEVEL5 OPMENT CREDIT AUTHORITY FOR FISCAL 

6 YEAR 2024. 

7 Notwithstanding any other provision of the law, 

8 amounts authorized to be appropriated or otherwise avail9 able for Bilaterial Economic Assistance, Development 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 2340 IH

1 Credit Authority for fiscal year 2024 may not exceed 

2 $55,000,000. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
Exhibit 32(d)

CERTIFICATE PURSUANT TO 18 U.S.C. SECTION 1350
  AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  FOR PPL ENERGY SUPPLY, LLC'S 10-Q FOR THE QUARTER ENDED SEPTEMBER 30, 2003

In connection with the quarterly report on Form 10-Q of PPL Energy Supply,
  LLC (the "Company") for the quarter ended September 30, 2003, as filed with
  the Securities and Exchange Commission on the date hereof (the "Covered Report"),
  I, the principal financial officer of the Company, pursuant to 18 U.S.C. Section
  1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
  hereby certify that:

| |  | The Covered Report fully complies with the requirements of Section 13(a)
        or 15(d) of the Securities Exchange Act of 1934, as amended; and                           
| | - | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |   |                                                                                                                                                                             
| |  | The information contained in the Covered Report fairly presents, in all
        material respects, the financial condition and results of operations of
        the Company.





|Date: November 10, 2003 | /s/ James E. AbelJames E. Abel
        Treasurer
        PPL Energy Supply, LLC
|----------------------- | -------------------------------------------------------------------------------

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.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

ROBERT L. HAWKINS, JR., :

 :

Petitioner, :

 :

vs. : CIVIL ACTION 14-0328-KD-M

 :

CYNTHIA STEWART, :

 :

Respondent. :

ORDER

After due and proper consideration of the issues raised, 

and a de novo determination of those portions of the 

Recommendation to which objection is made (docs. 14, 18), the 

Recommendation of the Magistrate Judge made under 28 U.S.C. § 

636(b)(1)(B) is adopted as the opinion of this Court.

It is ORDERED that this petition be DISMISSED as timebarred. It is further ORDERED that any certificate of 

appealability filed by Petitioner be DENIED as he is not

entitled to appeal in forma pauperis.

DONE this 12th day of March 2015.

s/ Kristi K. DuBose

KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE

Case 1:14-cv-00328-KD-M Document 19 Filed 03/12/15 Page 1 of 1
#### The People of the State of New York, Respondent, v Carmelo Guzman, Appellant.

[973 NYS2d 310]

Appeal by the defendant from an order of the Supreme Court, Richmond County (Meyer, J.), dated June 2, 2011, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant’s contention, the Supreme Court properly denied his request for a downward departure from the presumptive risk level three designation. A downward departure from a sex offender’s presumptive risk level generally is only warranted where there exists a mitigating factor of a kind, or to a degree, that is not otherwise adequately taken into account by the Sex Offender Registration Act (hereinafter SORA) Guidelines *(see*Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006]; *People v Watson,*95 AD3d 978, 979 [2012]). A defendant seeking a downward departure has the initial burden of “(1) identifying, as a matter of law, an appropriate mitigating factor, namely, a factor which tends to establish a lower likelihood of reoffense or danger to the community and is of a kind, or to a degree, that is otherwise not adequately taken into account by the Guidelines; and (2) establishing the facts in support of its existence by a preponderance of the evidence” *(People v Wyatt,*89 AD3d 112, 128 [2011]).

Here, the defendant identified an appropriate mitigating factor that could provide a basis for a discretionary downward departure *(see*Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 17 [2006]; *People v Perez,*104 AD3d 746 [2013]; *People v Watson,*95 AD3d at 979; *People v Migliaccio,*90 AD3d 879, 880 [2011]; *People v Washington,*84 AD3d 910, 911 [2011]). In this regard, the SORA Guidelines *864recognize that “[a]n offender’s response to treatment, if exceptional, can be the basis for a downward departure” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 17 [2006]; *People v Martinez,*104 AD3d 924 [2013]; *People v Watson,*95 AD3d at 979). However, the defendant failed to establish, by a preponderance of the evidence, the facts in support of its existence *(see People v Washington,*105 AD3d 724, 725 [2013]; *People v Martinez,*104 AD3d at 924-925; *People v Perez,*104 AD3d at 746-747; *People v Watson,*95 AD3d at 979; *People v Wyatt,*89 AD3d at 128).

The defendant’s remaining contention is without merit. Rivera, J.P., Sgroi, Cohen and Hinds-Radix, JJ., concur.
I 

118TH CONGRESS 

1ST SESSION H. R. 2335 

To provide for a limitation on availability of funds for Bilateral Economic 

Assistance, Global Health Programs, HIV/AIDS for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To provide for a limitation on availability of funds for Bilateral Economic Assistance, Global Health Programs, HIV/ 

AIDS for fiscal year 2024. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 BILATERAL ECONOMIC ASSISTANCE, GLOBAL 

5 HEALTH PROGRAMS, HIV/AIDS FOR FISCAL 

6 YEAR 2024. 

7 Notwithstanding any other provision of the law, 

8 amounts authorized to be appropriated or otherwise avail9 able for Bilaterial Economic Assistance, Global Health 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 2335 IH

1 Programs, HIV/AIDS for fiscal year 2024 may not exceed 

2 $5,720,000,000. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
Exhibit 21.1

Subsidiaries of Dune Energy, Inc.



|                                        |  |                       
|--------------------------------------- |  | ----------------------
|Name of Subsidiary                      |  | State of Incorporation
|                                        | 
|Dune Operating Company, Inc. 100% owned |  | Texas                 
|                                        | 
|Dune GC Holdings, Inc. 100%
owned       |  | Delaware              
|                                        | 
|Dune Properties, Inc. 100%
owned        |  | Texas                 
|                                        | 
|Vaquero Partners, LLC 100%
owned        |  | Texas
**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**
Pursuant to 18 U.S.C. §1350 (as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002), I, theundersigned President and Chief Financial and Accounting Officer of FullNet Communications, Inc.(the “Company”), hereby certify that, to the best of my knowledge, the Annual Report on Form 10-KSBof the Company for the year ended December 31, 2004 (the “Report”) fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that informationcontained in the Report fairly presents, in all material respects, the financial condition andresults of operations of the Company.     Date: April 15, 2005 /s/ Roger P. Baresel,       President and Chief Financial and   Accounting Officer
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 Quarterly Report of Tellabs, Inc. (the Company) on Form 10-Q for the quarter
ended September 26, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert W. Pullen, the Chief Executive Officer of the Company, certify, pursuant to and for purposes of 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|/s/ Robert W. Pullen   
|Robert W. Pullen       
|Chief Executive Officer
|Date: November 4, 2008 

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.



31
IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

DERIC LaVELLE MAY, # 209534, :

Plaintiff, :

vs. : CIVIL ACTION 15-304-KD-M

WALTER MYERS, et al., :

Defendants. :

ORDER

After due and proper consideration of all portions of this 

file deemed relevant to the issues raised, and a de novo

determination of those portions of the Report and Recommendation 

to which objection is made, the Report and Recommendation of the 

Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED

as the opinion of this Court. 

Accordingly, it is ORDERED that this action be and is 

hereby DISMISSED without prejudice pursuant to 28 U.S.C. §

1915(g). 

DONE this 19th day of August 2015.

s/ Kristi K. DuBose

KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE

Case 1:15-cv-00304-KD-M Document 5 Filed 08/19/15 Page 1 of 1