alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Denied and Opinion Filed February 16, 2017

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-17-00155-CV

IN RE GREGORY DUNCAN, Relator

Original Proceeding from the 116th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-13-08535

MEMORANDUM OPINION

Before Justices Francis, Lang, and Evans

Opinion by Justice Evans

Before the Court is relator’s February 14, 2017 petition for writ of mandamus in which he 

complains of the trial court’s February 1, 2017 sanctions order. To be entitled to mandamus 

relief, a relator must show both that the trial court has clearly abused its discretion and that 

relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 

(Tex. 2004) (orig. proceeding). Based on the record before us, we conclude relator has not shown 

he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 

833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we deny relator’s petition for writ of 

mandamus.

170155F.P05

/s/David Evans/

DAVID EVANS

JUSTICE
#### Jerry W. NELSON, Petitioner-Appellant, v. Henry McMASTER, Attorney General; Warden, Lieber Correctional Institution, Respondents-Appellees.

No. 06-7387.

United States Court of Appeals, Fourth Circuit.

Submitted: Oct. 17, 2006.

Decided: Oct. 24, 2006.

Jerry W. Nelson, Appellant Pro Se.

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.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

PER CURIAM:

Jerry W. Nelson seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing his 28 U.S.C. § 2254 (2000) petition as successive. The order is not ap-pealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists *480would 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. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Nelson has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal.

Additionally, we construe Nelson’s notice of appeal and informal brief as an application to file a second or successive petition under 28 U.S.C. § 2254. *United States v. Winestock,*340 F.3d 200, 208 (4th Cir.2003). In order to obtain authorization to file a successive § 2254 petition, a prisoner must assert claims based on either: (1) a new rule of constitutional law, previously unavailable, made retroactive by the Supreme Court to cases on collateral review; or (2) newly discovered evidence, not previously discoverable by due diligence, that would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfin-der would have found the petitioner guilty of the offense. 28 U.S.C. § 2244(b)(2) (2000). Nelson’s claims do not satisfy either of these criteria. Therefore, we deny authorization to file a successive § 2254 petition.

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.*
#### The People of the State of New York, Respondent, v Juan Rivera, Appellant.

Submitted September 21, 2009;

decided October 15, 2009

Reported below, 2009 NY Slip Op 67638(U).

Motion by Appellate Courts Committee of the New York County Lawyers’ Association for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed.
Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-40857

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JORGE LOPEZ-MARTINEZ,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:07-CR-829-1

Before BENAVIDES, PRADO and SOUTHWICK, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Jorge Lopez-Martinez

has moved for leave to withdraw and has filed a brief in accordance with Anders

v. California, 386 U.S. 738 (1967). Lopez-Martinez has not filed a response. Our

independent review of the record and counsel’s brief discloses no nonfrivolous

issue for appeal. Accordingly, counsel’s motion for leave to withdraw is

GRANTED, counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

August 25, 2009

Charles R. Fulbruge III

Clerk
<TABLE> <S> <C>

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

<S>                             <C>                     <C>
<PERIOD-TYPE>                   6-MOS                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999             DEC-31-1999
<PERIOD-START>                             JAN-01-1999             APR-01-1999
<PERIOD-END>                               JUN-30-1999             JUN-30-1999
<CASH>                                           1,262                   1,262
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   12,837                  12,837
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                15,575                  15,575
<PP&E>                                         331,446                 331,446
<DEPRECIATION>                               (208,985)               (208,985)
<TOTAL-ASSETS>                                 142,447                 142,447
<CURRENT-LIABILITIES>                           12,520                  12,520
<BONDS>                                        100,000                 100,000
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           142                     142
<OTHER-SE>                                      13,185                  13,185
<TOTAL-LIABILITY-AND-EQUITY>                   142,447                 142,447
<SALES>                                         26,751                  14,024
<TOTAL-REVENUES>                                28,495                  15,264
<CGS>                                           21,069                  10,777
<TOTAL-COSTS>                                   29,656                  15,141
<OTHER-EXPENSES>                                 2,868                   1,474
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               5,719                   2,890
<INCOME-PRETAX>                                (1,161)                     123
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                            (1,161)                     123
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   (1,161)                     123
<EPS-BASIC>                                     (0.08)                    0.01
<EPS-DILUTED>                                   (0.08)                    0.01


</TABLE>
##### 



Exhibit 99.2
 News Release
 
 For Immediate Release
 Stantec Announces New $160,000,000 Credit Facility
 EDMONTON AB TSX: STN; NYSE SXC
    Stantec , founded in 1954, provides professional design and consulting services in planning,
engineering, architecture, surveying, and project management. We support public and private sector
clients in a diverse range of markets, at every stage, from initial concept and financial
feasibility to project completion and beyond. Our services are offered through more than 4,500
employees operating out of over 50 locations in North America and the Caribbean. Stantec trades on
the Toronto Stock Exchange under the symbol STN and on the New York Stock Exchange under the symbol SXC .
  Media Contact
    
    Investor ContactKris Connor
    
    Don WilsonMedia Relations
    
    Vice President & CFOStantec
    
    StantecTel: (780) 969-2015
    
    Tel: (780) 917-7269
 stantec.com
**Exhibit 31.1**
  **Certification**
  I,
        Terry
        L. McCoy, in my capacity as Executive Vice President of First Horizon Asset
        Securities Inc (the Depositor) do hereby certify that:
 
 1.    I
        have
        reviewed this report on Form 10-K and all reports on Form 10-D required to
        be
        filed in respect of the period covered by this report on Form 10-K of First
        Horizon Alternative Mortgage Securities Trust 2007-FA2 (the “Exchange Act
        periodic reports”);
 
 2.    Based
        on
        my knowledge, the Exchange Act periodic reports, taken as a whole, do 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 report;
 
 3.    Based
        on
        my knowledge, all of the distribution, servicing and other information required
        to be provided under Form 10-D for the period covered by this report is included
        in the Exchange Act periodic reports;
 
 4.  Based
        upon my knowledge and the servicer compliance statement required in this
        report
        under Item 1123 of Regulation AB and except as disclosed in the Exchange
        Act periodic reports, the servicers have fulfilled their obligations under
        the
        servicing agreements in all material respects; and
 
 5.    All
        of
        the reports on assessment of compliance with servicing criteria for asset-backed
        securities and their related attestation reports on assessment of compliance
        with servicing criteria for asset-backed securities required to be included
        in
        this report in accordance with Item 1122 of Regulation AB and Exchange
        Act Rules 13a-18 and 15d-18 have been included as an exhibit to this
        report, except as otherwise disclosed in this report. Any material instances
        of
        noncompliance described in such reports have been disclosed in this report
        on
        Form 10-K.
 
 In
        giving
        the certifications above, I have reasonably relied on information provided
        to me
        by The Bank of New York.
  **First
                  Horizon Asset Securities Inc., as Depositor**By:
              /s/
                  Terry L. McCoyTerry
                  L. McCoy,Executive
                  Vice President
                (Senior
                  Officer of the Depositor in charge of
                Securitization)
  Date:
        March 28, 2008
[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Page 21784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10835]



[[Page 21784]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN: 0648-XP07


Gulf of Mexico Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public meeting.

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

SUMMARY: The Gulf of Mexico Fishery Management Council will convene a 
public meeting of the Outreach and Education Advisory Panel (AP).

DATES: The Outreach and Education AP meeting is scheduled to begin at 1 
p.m. on Wednesday, May 27, 2009 and end by 5 p.m. on Thursday, May 28, 
2009.

ADDRESSES: The meeting will be held at the Hilton, 2225 N. Lois Ave. 
Tampa, FL 33607.
    Council address: Gulf of Mexico Fishery Management Council, 2203 N. 
Lois Avenue, Suite 1100, Tampa, FL 33607.

FOR FURTHER INFORMATION CONTACT: Charlene Ponce, Public Information 
Officer; telephone: (813) 348-1630.

SUPPLEMENTARY INFORMATION: During this Advisory Panel meeting, the 
Outreach and Education AP will hear a presentation by the Gulf of Maine 
Research Institute on its Marine Resource Education Program. The Panel 
will also review and prioritize its list of recommendations to the 
Council on improving outreach and education efforts, as well as develop 
a list of issues to consider and discuss during its next meeting. The 
AP may develop recommendations to the Council regarding Outreach and 
Education.
    Although other non-emergency issues not on the agenda may come 
before the Outreach and Education AP for discussion, in accordance with 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), those issues may not be the subject of formal action 
during these meetings. Actions of the Outreach and Education AP will be 
restricted to those issues specifically identified in the agenda and 
any issues arising after publication of this notice that require 
emergency action under Section 305(c) of the Magnuson-Stevens Act, 
provided the public has been notified of the Council's intent to take 
action to address the emergency.
    Copies of the agenda can be obtained by calling (813) 348-1630.

Special Accommodations

    This meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Tina O'Hern at the Council (see ADDRESSES) at 
least 5 working days prior to the meeting.

    Dated: May 5, 2009.
William D. Chappell,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-10835 Filed 5-8-09; 8:45 am]
BILLING CODE 3510-22-S
WWW.EXFILE.COM -- 15216 --MATRITECH, INC. -- EXHIBIT 4.1 TO FORM 8-K


    EXHIBIT
      4.1

     

    
      

        


        ELECTION
          REGARDING PAYMENTS DUE JUNE 13, 2007 ON SERIES A

        15%
          SECURED CONVERTIBLE PROMISSORY NOTES

        


        


        The
          undersigned Holder hereby elects to have Matritech, Inc. defer all payments
          due
          June 13, 2007 for principal on the Series A 15% Secured Convertible Promissory
          Notes held by the Holder to July 13, 2007.

        


        


        


        
          	 	
                  Holder:
                    ______________________

                  


                  


                  By:__________________________

                  Name:________________________

                  Title:_________________________

                  Date:_________________________
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.                  

###### International Trade Commission

          - [USITC SE-09-014]

# Agency Holding the Meeting:

United States International Trade Commission.

# Time and Date:

May 14, 2009 at 1:30 p.m.

# Place:

Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000.

# Status:

Open to the public.

# Matters to be Considered:

1. Agenda for future meetings: None.

2. Minutes.

3. Ratification List.

4. Inv. Nos. 701-TA-462 and 731-TA-1156-1158 (Preliminary) (Polyethylene Retail Carrier Bags from Indonesia, Taiwan, and Vietnam)—briefing and vote. (The Commission is currently scheduled to transmit its determinations to the Secretary of Commerce on or before May 15, 2009; Commissioners' opinions are currently scheduled to be transmitted to the Secretary of Commerce on or before May 22, 2009.)

5. Outstanding action jackets: None.

In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

By order of the Commission.

Issued: May 7, 2009.

William R. Bishop,

Hearings and Meetings Coordinator.

[FR Doc. E9-11043 Filed 5-7-09; 4:15 pm]

BILLING CODE 7020-02-P
Exhibit 3.3


R0SS MILLER
Secretary of State
204 North Carson Street
Carson City, Nevada 89701-4200
(775) 684 8708
Website: secretaryofstate.biz
                                   Filed in the office of | Document Number
                                                          | 20080424531-89
                                                          | Filing Date and Time
                                   Ross Miller            | 06/25/2008 8:00 AM
                                   Secretary of State     | Entity Number
                                   State of Neveda        | C30858-2004


                            Certificate of Amendment
                      (PURSUANT TO NRS 78.385 AND 78.390)



              Certificate of Amendment to Articles of Incorporation
                         For Nevada Profit Corporations

          (Pursuant to NRS 78.385 and 78.390 - After Issuance of Stock)

1.   Name of corporation;

     SUNCROSS EXPLORATION CORPORATION
     --------------------------------

2.   The articles have been amended as follows (provide article numbers, If
     available);


          ARTICLE I - The name of the coporation (hereinafter the corporation)
          is:


                        Team Nation Holdings Corporation


3,   The vote by which the stockholders holding shares in the corporation
     entitling them to exercise at least a majority of the voting power, or such
     greater proportion of the voting power as may be required in the case of a
     vote by classes or series, or as may be required by the provisions of the*
     articles of Incorporation have voted in favor of the amendment is: 56.5%

4.   Effective date of filing (optional):      /s/ DENNIS R. DUFFY

5.   Officer Signature (Required);


 *If any proposed amendment would alter or change any preference or any relative
 or other right given to any class or series of Outstanding shares, then the
 amendment must be approved by the vote In addition to the affirmative vote
 otherwise required of the holders of shares representing a majority of the
 voting power of each class or series affected by the amendment regardless of
 limitations or restrictions on the voting power thereof.

 IMPORTANT; Failure to include any of the above Information and submit the
 proper fees may cause this filing to be rejected.
666 A.2d 528

#### IN THE MATTER OF A. DAVID DASHOFF, AN ATTORNEY AT LAW.

November 3, 1995.

ORDER

The Disciplinary Review Board on September 5, 1995, having filed with the Court its decision concluding that A. DAVID DASHOFF of VOORHEES, who was admitted to the bar of this State in 1976, should be suspended from the practice of law for a period of three months for violation of *Rule*1:21-6 and *RPC*1.15(d) (failing to maintain proper trust account records and to correct deficiencies noted), and *RPC*8.1(b) (failure to cooperate with ethics authorities);

And the Disciplinary Review Board having further concluded that respondent should be required to submit to the Office of Attorney Ethics a certified annual audit of his attorney books and records for a period of three years following his reinstatement to practice;

And good cause appearing;

It is ORDERED that A. DAVID DASHOFF is hereby suspended from practice for a period of three months, effective November 27, 1995, and until the further Order of the Court; and it is further

ORDERED that on reinstatement to practice, respondent shall for a period of three years and until further Order of the Court submit to the Office of Attorney Ethics on a schedule determined by that office a certified annual audit of his attorney books and records; and it is further

ORDERED that the entire record of this matter be made a permanent part of respondent’s file as an attorney at law of this State; and it is further

*556ORDERED that respondent be restrained and enjoined from practicing law during the period of his suspension and that he comply with *Rule*1:20-20; and it is further

ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs incurred in the prosecution of. this matter.
**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 Cubic Energy, Inc. (the “Company”) on Form 10-Q for the period ending December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, as C.E.O., certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 
| Date: February 14, 2011 |                               |
|------------------------------|------------------------------------|
|                         |                               |   |
| Signature:                   | /s/   Calvin A. Wallen, III   |   |
|                         | Calvin A. Wallen, III, C.E.O. |   |

 

----
#### State v. Watts

Case below: 180 N.C. App. 474

No. 639P06

Def-Appellant’s PDR Under N.C.G.S. § 7A-31 (COA06-480)

Denied 03/08/07