alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED December 9, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-20280 Summary Calendar

REGINALD WAYNE GUILLORY, Plaintiff-Appellant,

versus THE CITY OF HOUSTON; AARON SHUMANN; WARREN, Officer; MAYO, Officer; CYNTHIA RENEE TURNER, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Texas

USDC No. H-02-CV-934

-------------------- Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM: * Reginald Wayne Guillory, Texas prisoner # 797253, appeals the dismissal of his 42 U.S.C. § 1983 complaint as time-barred. Guillory argues that the district court erred in determining that the factual predicate for his claims was discovered in late 1999 and, further, that the limitations period should be tolled because the defendants fraudulently interfered with his ability to file a state claim to recover his property.No. 03-20280 -2- We review the district court’s dismissal de novo

. See Hughes v. The Tobacco Inst., Inc. , 278 F.3d 417, 420 (5th Cir. 2001). The relevant limitations period for Guillory’s civil rights action is two years. See Owens v. Okure , 488 U.S. 235, 249-50 (1989); T EX . C IV . P RAC . & R EM . C ODE A NN . § 16.003(a) (West 2003). His cause of action accrued when he knew or had reason to know of the injury which formed the basis of his action. See Pete v. Metcalfe , 8 F.3d 214, 217 (5th Cir. 1993) (internal quotations and citation omitted). We hold that the record supports the district court’s finding that Guillory knew of the factual predicate for his claims in late 1999 and, therefore, that his 2002 complaint was filed beyond the two-year limitations period. We further hold that Guillory is not entitled to tolling of the limitations period, because under Texas’s doctrine of fraudulent concealment, a defendant is no longer estopped from relying on the statute of limitations when the plaintiff discovers facts which would lead to the discovery of the concealed cause of action, which in Guillory’s case was late 1999. See Borderlon v. Peck , 661 S.W.2d 907, 909 (Tex. 1983). Moreover, the record controverts Guillory’s assertion that his ability to access the Texas court system was interfered with.

AFFIRMED.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 09**  **- 7809** 

CEDRIC EMMANUEL PERKINS , Petitioner

- Appellant ,
v. ROBERT P. BOLLINGER , Respondent

- Appellee
.

Appeal from the United States District Court for the Distri ct of South Carolina , at Florence
. David C. Norton, Chief District Judge. ( 4:08

- cv - 03208

- DCN )

Submitted : March 16, 2010 Decided: March 22, 2010

Before NIEMEYER, MOTZ, and DAVIS , Circuit Judges.

Dismissed by un published per curiam opinion
.

C edric Emmanuel Perkins, Appellant Pro Se. William Edgar Salter, III, Assistant Attorney General, Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circui t.2 PER CURIAM: Cedric Emmanuel Perkins seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or ju dge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2006) . A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006) . A prisoner satisfies this sta ndard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller

- El v. Coc krell , 537 U.S. 322, 336

- 38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000);
Rose v. Lee , 252 F.3d 676, 683

- 84 (4th Cir. 2001). We have independently reviewed the record and conclude that Perkins has not made the requisite showing. Accordingly, we de ny a certificate of appealability and dismiss the appeal. 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
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 97-7520

ALLEN STEPHON MARSHBURN,

Defendant-Appellant.

Appeal from the United States District Court

for the Eastern District of North Carolina, at Raleigh.

Terrence W. Boyle, Chief District Judge.

(CR-90-33, CA-97-78-4-BO)

Submitted: September 22, 1998

Decided: November 19, 1998

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

_________________________________________________________________

Vacated and remanded by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Allen Stephon Marshburn, Appellant Pro Se. Jane J. Jackson, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________
OPINION

PER CURIAM:

Allen Stephon Marshburn appeals from the district court's orders

dismissing his motions filed under 28 U.S.C.A. § 2255 (West 1994 &

Supp. 1998), as barred by the one-year limitation period imposed by

the Antiterrorism and Effective Death Penalty Act of 1996

("AEDPA"), Pub. L. No. 104-132, 110 Stat. 1214 (effective Apr. 24,

1996), and denying his motion for reconsideration. Marshburn's conviction became final in April 1992. Because Marshburn's conviction

became final prior to implementation of the one-year limitation

period, Appellant had until April 23, 1997, in which to file his § 2255

motion. See Brown v. Angelone, 150 F.3d 370, 375-76 (4th Cir.

1998).

Marshburn's § 2255 motion was dated under the penalty of perjury

on April 22, 1997, and filed in the district court on April 25, 1997.

We conclude that Marshburn's motion was not time-barred. See

Houston v. Lack, 487 U.S. 266, 276 (1988) (notice of appeal is

deemed filed when it is delivered to prison officials); see also Burns

v. Morton, 134 F.3d 109, 113 (3d Cir. 1998) (applying Houston to the

filing of habeas petition); Lewis v. Richmond City Police Dep't, 947

F.2d 733, 735-36 (4th Cir. 1991) (applying Houston to filing of civil

rights complaint for statute of limitations purposes).

Accordingly, we grant a certificate of appealability on this issue,

vacate the district court's order, and remand for further proceedings.

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.

VACATED AND REMANDED

 2
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

I, Gudmund Lovang, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual
Report on Form 10-KSB of Royal Blue Exploration, Inc., for the fiscal year ended
September 30, 2007 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that the information contained
in the Annual Report on Form 10-KSB fairly presents in all material respects the
financial condition and results of operations of Royal Blue Exploration, Inc.

Date: December 20, 2007

                                           /s/ Gudmund Lovang
                                           ---------------------------------
                                           Gudmund Lovang
                                           Secretary, Treasurer and Director
                                           (Principal Financial Officer and
                                           Principal Accounting Officer)
SARBANES-OXLEY ACT SECTION 302(a) CERTIFICATION



I, Jay W. Downs, certify that:



1. I have reviewed this quarterly report on Form 10-QSB of Diatect International Corporation;

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

3. Based on my knowledge, the financial statements, and other financial information included in this quarterly 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 quarterly 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 we 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 quarterly 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 quarterly report (the "Evaluation Date"); and c) presented in this quarterly 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 function); 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 control.

6. The registrant's other certifying officers and I have indicated in this quarterly report whether of not 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: August 11, 2003

/S/Jay W. Downs

Principal Executive Officer

Principal Financial Officer
EXHIBIT 32.1

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of Continental Airlines, Inc., a Delaware corporation (the "Company"), does hereby certify, to such officer's knowledge, that:

The Quarterly Report on Form 10-Q for the fiscal quarter ended June 30, 2008 (the "Form 10-Q") of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.

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.

 

Dated: July 18, 2008

 

/s/ Lawrence W. Kellner	

Lawrence W. Kellner

Chairman of the Board and

Chief Executive Officer

 

 

/s/ Jeffrey J. Misner		

Jeffrey J. Misner

Executive Vice President and

Chief Financial Officer
##### 



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 June 2005 Commission File Number 1-14916 BROOKFIELD PROPERTIES CORPORATION   BCE Place
181 Bay Street
Suite 330
Toronto, Ontario
Canada M5J 2T3
(416) 369-2300
(Address of principal executive offices) Indicate by check mark whether the registrant files or will file annual reports under cover of Form
20-F or Form 40-F. Form 20-F   o
    
    Form 40-F   þ
 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   o
    
    No   þ
 If Yes is marked, indicate below the file number assigned to the registrant in connection with
Rule 12g3-2(b): 82-




---



##### 



DOCUMENTS FILED AS PART OF THIS FORM 6-K See the Exhibit Index to this Form 6-K. 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:   June 29, 2005.  Brookfield Properties CorporationBy:
    /s/   Craig J. LaurieName:
    Craig J. LaurieTitle:
    Senior Vice President &Chief
Financial Officer




---



##### 



EXHIBIT LIST Exhibit
    
    Description99.1
    
    Brookfield Properties Corporation Press Release dated June 29, 2005
Exhibit 32
 Certifications Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
  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 Corporate Property Associates 17  Global
Incorporated.
 Date 3/18/2011/s/ Trevor P. Bond

Trevor P. BondChief Executive OfficerDate 3/18/2011/s/ Mark J. DeCesaris

Mark J. DeCesarisChief Financial Officer
**Exhibit 99.2**
     I will now report on first quarter results. Imperial’s net income for the first quarter ofthis year was $393 million, or $1.12 per share, versus $466 million or $1.29 per share in the firstquarter of 2004.
     Lower earnings were mainly due to lower volumes and higher maintenance costs associated with amajor turnaround at Syncrude. The company’s excellent 2004 operating performance continued intothe first quarter of 2005 with strong performances at Cold Lake, downstream and chemical facilitiesmore than offsetting the natural decline in conventional crude oil and natural gas operations.Strong light crude oil and natural gas prices and industry refining and petrochemical margins weremoderated by lower Cold Lake bitumen realizations and the impact of a higher Canadian dollar.
     The lower earnings were also due to higher stock-related compensation expenses primarily as aresult of the significant increase in the company’s share price. Recognizing stock-relatedcompensation expenses in earnings, on the basis of market prices of the company’s shares, has beena long-standing, transparent accounting practice of the company.
[Federal Register Volume 80, Number 7 (Monday, January 12, 2015)]
[Notices]
[Page 1500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00190]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Combined Notice of Filings #1

    Take notice that the Commission received the following electric 
rate filings:

    Docket Numbers: ER13-62-003.
    Applicants: NorthWestern Corporation.
    Description: Compliance filing per 35: Order No 1000 Compliance 
Filing--South Dakota to be effective 1/2/2015.
    Filed Date: 1/2/15.
    Accession Number: 20150102-5218.
    Comments Due: 5 p.m. ET 2/2/15.

    Docket Numbers: ER15-704-001.
    Applicants: Pacific Gas and Electric Company.
    Description: Tariff Amendment per 35.17(b): Amendment to WDT SA, 
Request for Immediate Deletion of Tariff Records and Other to be 
effective 7/1/2015.
    Filed Date: 1/2/15.
    Accession Number: 20150102-5223.
    Comments Due: 5 p.m. ET 1/23/15.

    Docket Numbers: ER15-820-000.
    Applicants: Zone One Energy, LLC.
    Description: Initial rate filing per 35.12 Baseline New to be 
effective 2/1/2015.
    Filed Date: 1/5/15.
    Accession Number: 20150105-5013.
    Comments Due: 5 p.m. ET 1/26/15.

    Docket Numbers: ER15-821-000.
    Applicants: New York State Reliability Council, L.L.C., WHITEMAN, 
OSTERMAN & HANNA (NY)
    Description: Informational filing of Installed Capacity Requirement 
for the New York Control Area of the New York State Reliability 
Council, L.L.C.
    Filed Date: 1/5/15.
    Accession Number: 20150105-5096.
    Comments Due: 5 p.m. ET 1/26/15.

    The filings are accessible in the Commission's eLibrary system by 
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above 
proceedings must file in accordance with Rules 211 and 214 of the 
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 
p.m. Eastern time on the specified comment date. Protests may be 
considered, but intervention is necessary to become a party to the 
proceeding.
    eFiling is encouraged. More detailed information relating to filing 
requirements, interventions, protests, service, and qualifying 
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 
(toll free). For TTY, call (202) 502-8659.

    Dated: January 5, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-00190 Filed 1-9-15; 8:45 am]
BILLING CODE 6717-01-P
#### Joseph Budano, Appellant, v Andrew Gurdon, Respondent.

[973 NYS2d 175]

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered June 28, 2012, which, in an action for personal injuries allegedly sustained when plaintiff slipped and fell as he ascended the stairs in defendant’s building, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established his entitlement to judgment as a matter of law. Defendant submitted, inter alia, photographs of the subject step and staircase, showing that the claimed defect, a worn and slippery step, was too trivial to be actionable *(see Cintron v New York City Tr. Auth.,*77 AD3d 410, 411 [1st Dept 2010]; *Gaud v Markham,*307 AD2d 845 [1st Dept 2003]; *Outlaw v Citibank, N.A.,*35 AD3d 564, 565 [2d Dept 2006]). Defendant also demonstrated that there were a lack of prior complaints or injuries relating to the step *(see Santiago v United Artists Communications,*263 AD2d 407 [1st Dept 1999]).

In opposition, plaintiff failed to raise a triable issue of fact. His affidavit, wherein he states that the loose handrail and inconsistent stair dimensions contributed to his inability to prevent his fall, was inconsistent with his testimony that he simply slipped *(see Gemini v Christ,*61 AD3d 477 [1st Dept 2009]). Moreover, the findings of plaintiff’s expert concerning uneven riser heights and a loose handrail were insufficient to connect plaintiffs fall to any purported defect in the risers *(see Raghu v New York City Hous. Auth.,*72 AD3d 480, 482 [1st Dept 2010]). Concur — Gonzalez, P.J., Tom, Saxe, ManzanetDaniels and Gische, JJ.
Exhibit 32.01  
 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 Anoteros, Inc. (the “Company”) on Form 10-KSB/A
for the period ending December 31, 2007 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, George G. Chachas,
Chief Executive Officer and 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 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.
   
 __________________________________________
 By:
George G. Chachas
 Chief
Executive Officer and Chief Financial Officer
  Dated:
March 27, 2008
  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 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.
EX-35.1
(logo) GMAC Mortgage

SERVICER COMPLIANCE STATEMENT (Item 1123)
GMAC Mortgage, LLC
DBALT 2007-RAMP1 (the "Issuing Entity")

The undersigned, a duly authorized officer of GMAC Mortgage, LLC (formerly GMAC
Mortgage Corporation), as servicer (the "Servicer"), does hereby certify that:

1. A review of the Servicer's activities during the period covered by the
   Issuing Entity's report on Form 10-K and of the Servicer's performance under
   the applicable servicing agreement has been made under my supervision.

2. To the best of my knowledge, based on such review, the Servicer has
   fulfilled all of its obligations under the applicable servicing agreement in
   all material respects throughout such period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this
17th day of March 2008.

By: /s/ Anthony N. Renzi
Name:  Anthony N. Renzi
Title:    Executive Vice President