alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FILED

February 3, 1999

Cecil Crowson, Jr.

Appellate C ourt Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

STATE OF TENNESSEE, )

)

Appellee, ) C. C. A. NO. 02C01-9806-CC-00178

)

 vs. ) HARDIN COUNTY

)

CHARLES PORTER, ) No. 7035

)

Appellant. )

O R D E R

This matter is before the Court upon the state’s motion to affirm the trial

court judgment by order pursuant to Rule 20, Rules of the Court of Criminal Appeals.

The appellant is appealing the trial court’s revocation of his probation. On September

1, 1993, the appellant was convicted of robbery and sentenced to four years

imprisonment. This Court affirmed on appeal. State v. Porter, No. 02C01-9310-CC00252 (Tenn. Crim. App., Oct. 19, 1994). On June 12, 1995, the appellant was placed

on probation. A probation violation warrant was subsequently issued.

After a hearing on the probation violation on May 14, 1998, the trial court

found that the appellant 1) failed to report to his probation officer, 2) failed to report new

arrests for possession of a weapon and possession of marijuana, 3) failed to appear in

court on these new charges, and 4) absconded from the state. The appellant, his

mother, and his probation officer testified at the hearing.

A trial court may revoke probation and order the imposition of the original

sentence upon a finding by a preponderance of the evidence that the person has

violated a condition of probation. T.C.A. § 40-35-311(e). The decision to revoke

probation rests within the sound discretion of the trial court. State v. Mitchell, 810

S.W.2d 733, 735 (Tenn. Crim. App. 1991). Revocation of probation is subject to an

abuse of discretion standard of review, rather than a de novo standard. State v.
2

Harkins, 811 S.W.2d 79 (Tenn. 1991). Discretion is abused only if the record contains

no substantial evidence to support the conclusion of the trial court that a violation of

probation has occurred. Id.; State v. Gregory, 946 S.W.2d 829, 832 (Tenn. Crim. App.

1997). Proof of a violation need not be established beyond a reasonable doubt, and

the evidence need only show that the trial judge exercised a conscientious and

intelligent judgment, rather than acting arbitrarily. Gregory, 946 S.W.2d at 832; State v.

Leach, 914 S.W.2d 104, 106 (Tenn. Crim. App. 1995).

On appeal, the appellant contends only that the trial court abused its

discretion in revoking his probation. Having reviewed the record in light of the

appellant’s argument, we find that the evidence fully supports the trial court’s action. 

The appellant has simply failed to show how the trial court abused its discretion.

Accordingly, the state’s motion is granted. It is hereby ORDERED that the

judgement of the trial court is affirmed in accordance with Rule 20, Rules of the Court of

Criminal Appeals. Costs of this appeal shall be assessed to the appellant.

______________________________

JOHN EVERETT WILLIAMS, JUDGE

______________________________

DAVID G. HAYES, JUDGE

______________________________

JOE G. RILEY, JUDGE
#### Dunn v. State

Case below: 179 N.C. App. 753

No. 605PA06

Defs’ PDR Under N.C.G.S. (COA05-1178) 7A-31

Allowed 05/03/07
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3759 Referred in House (RFH)]

  2d Session
                                S. 3759

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 2006

              Referred to the Committee on Armed Services

_______________________________________________________________________

                                 AN ACT

 To name the Armed Forces Readiness Center in Great Falls, Montana, in 
 honor of Captain William Wylie Galt, a recipient of the Congressional 
                            Medal of Honor.

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

SECTION 1. NAMING OF ARMED FORCES READINESS CENTER IN GREAT FALLS, 
              MONTANA, IN HONOR OF CAPTAIN WILLIAM WYLIE GALT, A 
              RECIPIENT OF THE CONGRESSIONAL MEDAL OF HONOR.

    The Armed Forces Readiness Center in Great Falls, Montana, shall be 
known and designated as the ``Captain William Wylie Galt Great Falls 
Armed Forces Readiness Center''. Any reference in a law, map, 
regulation, document, paper, or other record of the United States to 
such facility shall be deemed to be a reference to the Captain William 
Wylie Galt Great Falls Armed Forces Readiness Center.

            Passed the Senate November 16, 2006.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.
```
#### State v. Jessup

Case below: 183 N.C. App. - (5 June 2007)

No. 335P07

Def’s PDR Under N.C.G.S. § 7A-31 (COA06-1062)

Denied 08/23/07
Order entered September 4, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00996-CV

DOME RESOURCES, INC., Appellant

V.

TEXAS LAND & PETROLEUM COMPANY, LLC, Appellee

On Appeal from the 417th Judicial District Court

Collin County, Texas

Trial Court Cause No. 417-03027-2011

ORDER

Before the Court is appellant’s August 28, 2013 motion for an extension of time to pay 

the clerk’s fee. Appellant informs the Court that the parties have reached a settlement and are in 

the process of finalizing settlement papers. Accordingly, we treat appellant’s motion as a motion 

to abate the appeal. We GRANT the motion. This appeal is ABATED for thirty days and all 

deadlines are suspended. We ORDER appellant to file, within thirty days of the date of this 

order, either a motion to dismiss the appeal or a status report of the settlement proceedings.

/s/ DAVID LEWIS 

JUSTICE
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL RAE WILSON,

Plaintiff

- Appellant,

v.

BULLHEAD CITY POLICE

DEPARTMENT; et al.,

Defendants

- Appellees. No. 23

- 15468

D.C. No. 3:21

- cv

- 08118

- DLR

MEMORANDUM *

Appeal from the United States District Court

for the District of Arizona

Douglas L. Rayes, District Judge, Presiding

Submitted September 17, 2024 * *

Before: WARDLAW, BADE, and H.A. THOMAS, Circuit Judges.

Daniel Rae Wilson appeals pro se from the district court’s summary

judgment in his 42 U.S.C. § 1983 action alleging Fourth Amendment excessive

force claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a

district court’s summary judgment and qualified immunity determination. Furnace

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

SEP 23 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 23

- 15468

v. Sullivan

, 705 F.3d 1021, 1026 (9th Cir. 2013). We affirm.

The district court properly granted summary judgment on the basis of

qualified immunity because defendants’ conduct did not violate clearly established

rights. See Plumhoff v. Rickard , 572 U.S. 765, 778

- 79 (2014) (defendants sued

under § 1983 are entitled to qualified immunity unless they violated a right that

was clearly established; “a defendant cannot be said to have violated a clearly

established right unless the right’s contours w ere sufficiently definite that any

reasonable official in the defendant ’s shoes would have understood that he was

violating it”).

AFFIRMED.
Exhibit 32.2




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


In connection with the Quarterly Report on Form 10-Q of AFP Imaging Corporation
(the "Company") for the quarter ended December 31, 2004 (the "Report"), I Donald
Rabinovitch, Co-Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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/ Donald Rabinovitch
----------------------
Donald Rabinovitch,
President
(Co-Principal Executive Officer)
February 11, 2005


                                       21
| (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/       Donald      Rabinovitch |                            |
|----------------------------------------|---------------------------------|
|                                   | Donald      Rabinovitch         |   |
|                                   | President                       |   |
|                                   | Co-Chief      Executive Officer |   |
|                                   |                            |   |
| May      15, 2008                      |                            |
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration

          - [TA-W-65,511]

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 6, 2009 in response to a petition filed on behalf of workers of FMC Manufacturing, LLC, Monmouth, Illinois.

The petitioner has requested that the petition be withdrawn. Therefore, the investigation under this petition has been terminated.

Signed at Washington, DC, this 15th day of April, 2009.

Linda G. Poole,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-10910 Filed 5-8-09; 8:45 am]

BILLING CODE 4510-FN-P
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable materials, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute on Drug Abuse Special Emphasis Panel; Avenir Award Program for Research on Substance Abuse and HIV/AIDS (DP2).                    

*Date:*                         March 9, 2015.                    

*Time:*                         9:00 a.m. to 5:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Hilton Garden Inn Bethesda, 7301 Waverly Street, Bethesda, MD 20814.                    

*Contact Person:*                         Hiromi Ono, Ph.D., Scientific Review Officer, Office of Extramural Affairs, National Institute on Drug Abuse, National Institutes of Health, DHHS, 6001 Executive Boulevard, Room 4238, MSC 9550, Bethesda, MD 20892, 301-402-6020,                         *hiromi.ono@nih.gov*.                    

(Catalogue of Federal Domestic Assistance Program Nos.: 93.279, Drug Abuse and Addiction Research Programs, National Institutes of Health, HHS)

Dated: January 14, 2015.

Michelle Trout,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2015-00815 Filed 1-20-15; 8:45 am]

BILLING CODE 4140-01-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 Quarterly Report of Global Gold
Corporation (the "Company") on Form 10-QSB for the period ending June 30, 2005
as filed with the Securities and Exchange Commission (the "Report"), I, Drury J.
Gallagher, the Chairman, Chief Executive Officer and Treasurer 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.


 Dated: August 12, 2005


                                                   By: /s/ Drury J. Gallagher
                                                       -------------------------
                                                            Drury J. Gallagher
                                                       Chairman, Chief Executive
                                                       Officer and Treasurer
#### Betty HUTCHINSON, Individually, and as Next Friend of Darwin Hutchinson, a Minor, Plaintiff, v. Victor Joseph ROMAN, Defendant.

Civ. A. No. 5825.

United States District Court W. D. Michigan, S. D.

April 23, 1968.

*243Marcus, McCroskey, Libner, Reamon, Williams & Dilley, Muskegon, Mich., Harry M. Philo, Muskegon, Mich., of counsel, for plaintiff.

Hathaway, Latimer, Clink & Robb, Muskegon, Mich., H. Winston Hathaway, Muskegon, Mich., of counsel for defendant.

ORDER DENYING MOTION TO COMPEL STATEMENT OF CLAIMS IN SEPARATE COUNTS

FOX, District Judge.

In a personal injury action brought by plaintiff Betty Hutchinson, individually, and as Next Friend of Darwin Hutchinson, a minor, against defendant Victor Joseph Roman, defendant filed a motion on March 13, 1968 to compel statement of claims in separate counts of the complaint under Federal Rule of Civil Procedure 10(b), which motion is predicated upon the proposition that plaintiff has inserted in Paragraph 7 of the complaint the word “reckless.”

The complaint in all other respects is clear, unambiguous, and fully advises defendant of plaintiff’s “claim * * * showing that the pleader is entitled to relief * * *”

All that is required of plaintiff under Rule 8(a) (2) of the Federal Rules of Civil Procedure is “ * * * a short and plain statement of claim showing that the pleader is entitled to relief * * in addition to showing jurisdiction and a demand for judgment for relief.

All of the Federal Rules of Civil Procedure must be interpreted in light of Rule 1: “They shall be construed to secure the just, *speedy,*and inexpensive determination of every action.” (Emphasis supplied.)

Defendant, by filing a motion singularly predicated upon the use of the word “reckless,” seeks to abate the running of the limitation on the time required to file an answer.

Under such circumstance as is evidenced in this case, it is the duty of the defendant to make a prompt and good faith answer, and either to couple an objection with the answer or thereafter file a separate motion seeking the relief requested. The method employed by the defendant violates Rule 1 of the Federal Rules of Civil Procedure which provides for “speedy” determination. This motion is patently dilatory; such practice should be discouraged.

Defendant is hereby ordered to forthwith answer the complaint.
##### 



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549 FORM 8-K Current Report Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 19, 2004    INCO LIMITED (Exact name of registrant as specified in its charter)
 Canada
    
    1-1143
    
    98-0000676(State or other jurisdiction of
incorporation)
    
    (Commission File Number)
    
    (IRS Employer Identification No.)
 145 King Street West, Suite 1500, Toronto, Ontario
    
    M5H 4B7(Address of principal executive offices)
    
    (Zip code)
 (416) 361 7511 
 Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions: o   Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) o   Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) o   Pre-commencement communications pursuant to Rule 14d-2(b) under
the Exchange Act (17 CFR 240.14d-2(b)) o   Pre-commencement communications pursuant to Rule 13e-4(c) under
the Exchange Act (17 CFR 240.13e-4(c))




---



##### 



Item 2.02.   Results of Operations and Financial Condition. On October 19, 2004, Inco Limited (the Company) issued a press release
announcing its financial results for the third quarter and nine months ended
September 30, 2004. A copy of the press release is being
furnished as Exhibit
99.1 to this Report on Form 8-K and is hereby incorporated by reference. -2-




---



##### 



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. INCO LIMITEDBy:
    /s/ Stuart F. FeinerStuart F. FeinerDate: October 19, 2004
    
    Executive Vice-President,
General Counsel and Secretary -3-




---



##### 



EXHIBIT INDEX Exhibit
    
    Description of
Exhibit99.1
    
    Inco Limited press release dated October 19, 2004
 -4-
##### 



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549
 FORM 8-K CURRENT REPORT Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934  Date of Report (Date of earliest event reported)
    
    OCTOBER 4, 2005
 NORTEL NETWORKS CORPORATION    CANADA(State or other jurisdictionof incorporation)
    
    001-07260(CommissionFile Number)
    
    NOT APPLICABLE(IRS EmployerIdentification No.)8200 DIXIE ROAD, SUITE 100, BRAMPTON, ONTARIO, CANADA(Address of principal executive offices)
    
    L6T 5P6(Zip Code)
  Registrants telephone number, including area code
    
    905-863-0000
    Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):  o
    
    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)o
    
    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)o
    
    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))o
    
    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))




---



##### 



Item 1.01     Entry
into a Material Definitive Agreement On October 4, 2005, the registrant entered into a letter
agreement (the Agreement) with Stephen C. Pusey, Executive Vice-President and President, Eurasia
of the registrant and Nortel Networks Limited (NNL), in support of his continued employment,
providing for the payment to Mr. Pusey of a bonus of
£525,000 (the Special Bonus) in the event
he remains with the registrant and NNL for a defined two-year period. The Special Bonus will be
paid in two equal installments, the first of which will be paid
within thirty (30) days of
August 1, 2006 and the second of which will be paid within
(30) days of August 1, 2007.
In addition to the satisfaction of certain performance and other requirements upon which the
payment of the Special Bonus is conditional, the two installments
will only be paid if Mr. Pusey
remains in active employment from August 1, 2005 through
July 31, 2006 (in the case of the first
installment) and from August 1, 2005 through July 31, 2007
(in the case of the second installment). A pro rata portion of the
Special Bonus, calculated based on the number of days of active
service during the two-year retention period, will be paid in certain
situations where Mr. Puseys employment is terminated involuntarily without cause or due to death or if an
approved  leave of absence occurs.




---



##### 



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 hereunto duly authorized. NORTEL NETWORKS CORPORATIONBy:
    /s/ Gordon A. DaviesGordon A. DaviesGeneral Counsel  Corporate
and Corporate SecretaryBy:

/s/
William J. DonovanWilliam J. DonovanSenior Vice-President,
Human Resources Dated: October 5, 2005