alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 50262 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

CARLOS GUERRERO
,
Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 2:11

- CR

- 1882

- 13

Before JOLLY, HIGGINBOTHAM, and OWEN, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Carlos Guerrero has moved for
leave to withdraw and has filed a brief in accordance with Anders v. California
, 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011).
Guerrero has filed a response. The record is not sufficient ly developed to allow
us to make a fair evaluation of Guerrero ’s claim of ine ffective assistance of counsel; we therefore decline to consider the claim without prejudice to

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 November 4, 2014 Lyle W. Cayce Clerk Case: 13-50262 Document: 00512825927 Page: 1 Date Filed: 11/04/2014No. 13

- 50262

collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014)
, cert. denied, 2014 WL 2616172 (Oct. 6, 20 14) (No. 13

- 10484)

. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Guerrero ’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DIS MISSED. See

5 TH C IR

. R . 42.2.

2 Case: 13-50262 Document: 00512825927 Page: 2 Date Filed: 11/04/2014
**EXHIBIT 35.3**

GREENPOINT MORTGAGE FUNDING, INC. SERVICER COMPLIANCE STATEMENT

## **WMALT 2007-2**

I, Michael Gathright, an authorized officer of GreenPoint Mortgage Funding, Inc. (the “Servicer”),certifythat:

            1.         A review of theServicer’s activities during the period from and including January 1, 2007 through and including December 31, 2007 (or applicable portion thereof) and of the Servicer’s performance under the applicable servicing agreement has been made under mysupervision.

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

            Capitalized terms used but not defined herein have the meanings ascribed to themin the Agreement.

Date: February 29, 2008 

/s/ Michael GathrightMichael GathrightSenior Vice President, Loan Administration
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 Annual Report of China Vitup Health Care Holdings, Inc. (the Company) on Form 10-K for the fiscal year ended December 31, 2008 (the Report), I, Yan Zheng, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: 1) The Report fully complies with the requirement 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 Company's financial position and results of operations.  April 15, 2009 /s/ Yan Zheng Chief Financial Officer
EX-34.8
(logo) Grant Thornton

Accountants and Business Advisors


REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

Board of Directors and Shareholders
LandAmerica Tax and Flood Services, Inc.


We have examined management's assertion, included in the accompanying Report on
Assessment of Compliance with Regulation AB Servicing Criteria ("Management's
Report"), that Land America Tax and Flood Services, Inc. (the "Company")
complied with the servicing criteria set forth in Item 1122(d) of the U.S.
Securities and Exchange Commission's Regulation AB for the residential and
commercial mortgage backed securities for which the Company served as
third-party property tax payment provider on the underlying collateral (the
"Platform") as of and for the year ended December 31, 2007, excluding criteria
1122(d)(1)(i)-(iv), 1122(d)(2)(i)-(vii), 1122(d)(3)(i)-(iv), 1122(d)(4)(i)-(x)
and 1122(d)(4)(xiii)-(xv), which management has determined are not applicable to
the activities performed by the Company with respect to the Platform. Management
is responsible for the Company's compliance with the applicable servicing
criteria. Our responsibility is to express an opinion on management's assertion
about the Company's compliance with the applicable servicing criteria for the
Platform based on our examination.

Our examination was conducted in accordance with the standards of the Public
Company Accounting Oversight Board (United States) and, accordingly, included
examining, on a test basis, evidence about the Company's compliance with the
applicable servicing criteria for the Platform and performing such other
procedures as we considered necessary in the circumstances. Our examination
included testing selected asset-backed transactions and securities constituting
the Platform and evaluating whether the Company performed servicing activities
related to those transactions and securities in compliance with the applicable
servicing criteria for the period covered by this report. Accordingly, our
testing may not have included servicing activities related to each asset-backed
transaction or security constituting the Platform. Further, our examination was
not designed to detect material noncompliance that may have occurred prior to
the period covered by this report and that may have affected the Company's
servicing activities during the period covered by this report. We believe that
our examination provides a reasonable basis for our opinion. Our examination
does not provide a legal determination on the Company's compliance with the
applicable servicing criteria.

In our opinion, management's assertion that Land America Tax and Flood Services,
Inc. complied with the aforementioned applicable servicing criteria as of and
for the year ended December 31, 2007 is fairly stated, in all material respects.

/s/ Grant Thornton LLP

San Diego, CA
February 6, 2008


12340 El Camino Real
Suite 220
San Diego, CA 92130
T 858.704.8000
F 858.704.8099
W www.grantthornton.com

Grant Thornton LLP
US Member of Grant Thornton International
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</TABLE>
#### State v. Murphy

Case below: 182 N.C. App. 176

No. 149P07

Def’s PDR Under N.C.G.S. § 7A-31 (COA04-344-2)

Denied 06/27/07

Timmons-Goodson, J., Recused
[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Page 21818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10941]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-130-1020-AL; GP9-0185]


Notice of Public Meeting, Eastern Washington Resource Advisory 
Council Meeting

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of public meeting.

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

SUMMARY: In accordance with the Federal Land Policy and Management Act 
of 1976 and the Federal Advisory Committee Act of 1972, the U.S. 
Department of the Interior, Bureau of Land Management (BLM) Eastern 
Washington Resource Advisory Council will meet as indicated below.

DATES: Thursday, June 11, 2009, at the BLM Spokane District Office, 
1103 N. Fancher Rd., Spokane Valley, WA 99212.

SUPPLEMENTARY INFORMATION: The meeting will start at 9:30 a.m. and end 
at 3:30 p.m. The meeting will be open to the public and there will be 
an opportunity for public comments at 3 p.m. Discussion will focus on 
the status of the Colville National Forest Roadless Areas, Cultural 
Consultation, and updates on other projects of interest.

FOR FURTHER INFORMATION CONTACT: BLM Spokane District, 1103 N. Fancher 
Rd., Spokane Valley, WA 99212, or call (509) 536-1200.

    Dated: May 5, 2009.
Robert B. Towne,
District Manager.
[FR Doc. E9-10941 Filed 5-8-09; 8:45 am]
BILLING CODE 4310-33-P
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<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BALANCE
SHEET AND STATEMENT OF OPERATIONS FOR QUARTER ENDED DECEMBER 31, 1996 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 10-Q.
</LEGEND>
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<PERIOD-TYPE>                   9-MOS
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<SECURITIES>                                         0
<RECEIVABLES>                               60,721,000
<ALLOWANCES>                                10,445,000
<INVENTORY>                                    592,000
<CURRENT-ASSETS>                            16,289,000
<PP&E>                                       2,933,000
<DEPRECIATION>                               1,425,000
<TOTAL-ASSETS>                              79,708,000
<CURRENT-LIABILITIES>                        4,277,000
<BONDS>                                      5,000,000
<PREFERRED-MANDATORY>                          201,000
<PREFERRED>                                          0
<COMMON>                                       263,000
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                79,708,000
<SALES>                                              0
<TOTAL-REVENUES>                             7,036,000
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                           (4,611,000)
<INTEREST-EXPENSE>                           1,163,000
<INCOME-PRETAX>                            (3,268,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (3,268,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (3,268,000)
<EPS-PRIMARY>                                    (.96)
<EPS-DILUTED>                                    (.96)
        

</TABLE>
#### In the Matter of Montgomery Blair Sibley, an Attorney, Appellant. Grievance Committee of the Seventh Judicial District, Respondent.

Submitted June 1, 2009;

decided June 30, 2009

Motion for reconsideration of this Court’s May 12, 2009 dismissal order denied *[see 12*NY3d 849 (2009)].
##### 



MISSION RESOURCES CORPORATION Exhibit 32.1 Certification of
Chief Financial Officer
of Mission Resources Corporation This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
§ 1350, and accompanies the annual report on Form 10-Q (the Form 10-Q) for the quarter ended
March 31, 2005 of Mission Resources Corporations (the Issuer). I, Richard W. Piacenti, the Chief Executive Officer of the Issuer, certify that:  (i)
    the Form 10-Q fully complies with the requirements of section 13(a) or section 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and(ii)
    the information contained in the Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of the Issuer.  Dated: May 10, 2005
    
    
    
    /s/ Richard W. Piacenti
 Subscribed and sworn to before me
This 10th day of May 2005 /s/ Carmen M. Garcia Notary Public in and for the
State of Texas My commission expires: May 15, 2006 A signed original of this written statement required by Section 906 has been provided to Mission
Resources Corporation and will be retained by Mission Resources Corporation and furnished to the
Securities and Exchange Commission or its staff upon request. 39
#### Justine Jimenez et al., Respondents, v Savanda Gasque et al., Appellants.

[974 NYS2d 532]

In an action to recover damages for personal injuries, etc., the defendants appeal from a judgment of the Supreme Court, Kings County (Solomon, J.), entered June 15, 2012, which, upon the granting of the plaintiffs’ oral application in limine to preclude the defendants’ medical expert from testifying at the trial on the issue of damages, and upon a jury verdict on the issue of damages, is in favor of the plaintiffs and against them in the principal sum of $75,000.

Ordered that the judgment is reversed, on the law, with costs, the plaintiffs’ oral application in limine to preclude the defendants’ medical expert from testifying at the trial on the issue of damages is denied, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the issue of damages.

“[T]o be admissible, opinion evidence must be based on one of the following: first, personal knowledge of the facts upon which the opinion rests; second, where the expert does not have personal knowledge of the facts upon which the opinion rests, the opinion may be based upon facts and material in evidence, real or testimonial; third, material not in evidence provided that the out-of-court material is derived from a witness subject to full cross-examination; and fourth, material not in evidence provided the out-of-court material is of the kind accepted in the profession as a basis in forming an opinion and the out-of-court material is accompanied by evidence establishing its reliability” *(Wagman v Bradshaw,*292 AD2d 84, 86-87 [2002]; *see Kinard v South Shore Dialysis Ctr.,*37 AD3d 545, 546 [2007]; *Jemmott v Lazofsky,*5 AD3d 558, 559-560 [2004]).

Here, the Supreme Court erred in granting the plaintiffs’ oral application in limine to preclude the defendants’ medical expert, Dr. Jeffrey Passick, from testifying at the trial on the issue of damages. The court made its ruling prior to the admission of any evidence and before any witness had an opportunity to *676testify. The Supreme Court’s determination prevented Dr. Pas-sick from rendering any opinion based upon admissible evidence, such as, inter alia, arthroscopic photographs. On this record, the court had no basis upon which to preclude Dr. Passick’s testimony. Accordingly, since the error was not harmless, a new trial is warranted on the issue of damages. Rivera, J.P., Leventhal, Chambers and Lott, JJ., concur.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Kevin Wiemken v. Waller County, et al.

Appellate case number: 01-19-00628-CV

Trial court case number: 2019-03-8723

Trial court: 506th District Court of Waller County

The appellant, Kevin Wiemken, has filed a motion for default judgment against 

appellees, arguing appellees “did not answer in a timely manner” whether they have 

jurisdiction and “what species the appellee’s [sic] will take for payment for an [sic] alleged 

property taxes.” Appellant’s motion does not comply with the Texas Rules of Appellate 

Procedure. Rule 9.1 requires unrepresented parties to provide, in addition to their signature, 

the party’s mailing address, telephone number, fax number, if any, and email address. TEX.

R. APP. P. 9.1(b). Rule 9.4 requires all documents filed in appellate courts to have doublespaced text and to be printed in a conventional typeface no smaller than 14-point. TEX. R.

APP. P. 9.4(d), (e). Rule 10.1 requires a motion to “state with particularity the grounds on 

which it is based;” “set forth the order or relief sought;” and “in civil cases [such as this 

one], . . . contain or be accompanied by a certificate stating that the filing party conferred, 

or made a reasonable attempt to confer, with all other parties about the merits of the motion 

and whether those parties oppose the motion.” TEX. R. APP. P. 10.1(a)(2), (3), and (5).

Accordingly, the appellant’s motion for default judgment is denied.

It is so ORDERED.

Judge’s signature: /s/ Evelyn V. Keyes

 Acting individually Acting for the Court

Date: ___November 5, 2019__
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<TOTAL-ASSETS>                             117,079,000
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<TOTAL-LIABILITY-AND-EQUITY>               117,079,000
<SALES>                                     61,483,000
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<TOTAL-COSTS>                               37,545,000
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<NET-INCOME>                                 4,077,000
<EPS-PRIMARY>                                     0.21
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#### Perryman, administrator, *v.*Pope.

1. It was not error to charge the jury in addition to section 2637 of the code, or as preliminary to giving that section in charge, that a threat on the part of the creditor (to whom the note in suit was made payable), or his attorney, to resort to law, would not amount to duress, the only threat disclosed by the evidence being one to levy on the debtor’s property.

2. When an attachment case comes on for trial and there is a pending traverse of the ground of attachment, not previously disposed of for the term by continuance or otherwise, the whole case should be tried together; and it is error for the court to exclude legal *673and competent evidence offered by the defendant to establish the truth of his traverse, the exclusion being rested on the theory that the ground of attachment was not open to traverse after the property attached had been replevied. As was ruled in *Brumby*v. *Bickoff,*this term *(ante,*429), the right of traverse is not lost or affected by replevy.

August 6, 1894.

Attachment. Before Judge Harris. Coweta superior court. October term, 1893.

Reese & Grow and Reid & Stewart, for plaintiff in error. Adamson & Jackson, *contra.*

*Judgment reversed.*
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 this Annual Report on Form 10-K/A of Uplift Nutrition, Inc. (the "Registrant") for its fiscal year ended December 31, 2013 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Gary C. Lewis, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:  (1) This 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 this Report fairly presents, in all material respects, the financial condition and result of operations of the Registrant.   Date:July 23, 2014By:/s/Gary C. LewisGary C. LewisPresident, and Chief Executive Officer (CEO)  Date:July 23, 2014By:/s/ Gary C. LewisGary C. LewisPrincipal Financial Officer (CFO) and Principal Accounting Officer