alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-40917 

Summary Calendar

__________________

MICHAEL ROSE,

 Plaintiff-Appellant,

versus

TDCJ-ID, J.A. COLLINS, Director, et al.,

 Defendants,

F. WYATT, Captain;

UNIDENTIFIED JEFFCOAT, Chief of Classification;

H. MCNEILL, CO III,

 Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:94-CV-669

- - - - - - - - - -

July 29, 1996

Before GARWOOD, WIENER and PARKER, Circuit Judges.

PER CURIAM:*

Michael Rose appeals the district court's partial dismissal

of his civil rights suit as frivolous under 28 U.S.C. § 1915(d)

and grant of summary judgment in favor of the defendants. We
No. 95-40917

-2-

have conducted a de novo review of the record and conclude that

summary judgment in favor of the defendants was proper. See

Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994)

(en banc); Sandin v. Conner, 115 S. Ct. 2293 (1995). We also

conclude that the district court did not abuse its discretion in

severing and transferring Rose's claims arising out of events

that took place at the McConnell Unit, finding his RICO claims

legally frivolous, and denying his motion for appointment of

counsel. 

The judgment is AFFIRMED.
#### Diedrich Holtkamp et al., Appellants, v Parklex Associates et al., Defendants. Flemming Zulack Williamson Zauderer, LLP, et al., Proposed Defendants-Respondents.

Submitted May 21, 2012;

decided June 28, 2012

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
#### In the Matter of Rory Dolan, Appellant, v Martin I. Efman, Acting Judge of Suffolk County Court, Respondent.

Decided June 27, 2012

*938Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.
#### In the Matter of Kenneth R. Tidd, Respondent, v Michelle L. Hackett, Appellant.

[976 NYS2d 922]

Appeal from an order of the Family Court, Cattaraugus County (Judith E. Samber, R.), entered December 3, 2012 in a proceeding pursuant to Family Court Act article 6. The order, among other things, designated petitioner as the primary residential parent of the subject child.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Family Court. Present — Centra, J.P., Peradotto, Garni, Bindley and Valentino, JJ.
----

Exhibit 32.1 

CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350) 

In connection with the Quarterly Report of mPhaseTechnologies, Inc., a New Jersey corporation (the "Company"), on Form 10Q for thequarter ended September 30, 2008 as amended by Amendment No. 1 on Form 10Q/A ,as filed with the Securities and Exchange Commission (the "Report"), I, RonaldA. Durando, Chief Executive Officer of the Company certify, pursuant to Section906 of the Sarbanes-Oxley Act of 2002 (18U.S.C. Section 1350), that to hisknowledge: 

1. 

The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and 

2. 

The informationcontained in the Report fairly presents, in all material respects, the financialcondition and results of operations of the Company. 

/s/ Ronald A.Durando                                            Ronald A. Durando Chief Executive Officer 

March 13, 2009 

 

----
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING 

MOTION AND, IF FILED, DETERMINED 

IN THE DISTRICT COURT OF APPEAL 

OF FLORIDA 

SECOND DISTRICT 

C.M., ) 

 ) 

 Appellant, ) 

 ) 

v. ) Case No. 2D14-2521 

 ) 

STATE OF FLORIDA, ) 

 ) 

 Appellee. ) 

___________________________________ ) 

Opinion filed July 15, 2015. 

Appeal from the Circuit Court for 

Hillsborough County; Debra K. Behnke, 

Judge. 

Howard L. Dimmig, II, Public Defender, 

and Amanda V. Isaacs, Assistant Public 

Defender, Bartow, for Appellant. 

Pamela Jo Bondi, Attorney General, 

Tallahassee, for Appellee. 

KHOUZAM, Judge. 

 In this Anders1 appeal, C.M. challenges the order finding that he 

committed delinquent acts, withholding adjudication, and placing him on probation for 

six months. After a thorough review of the record, we have found no harmful, 

 1Anders v. California, 386 U.S. 738 (1967). 
- 2 -

reversible error and affirm. But we remand for the trial court to correct a scrivener's 

error. 

 In the original disposition, the court orally announced a six-month 

probationary placement. However, the written order incorrectly states that C.M. was 

placed on probation indefinitely until his nineteenth birthday. While this appeal was 

pending, C.M. violated probation and the trial court placed him on probation indefinitely 

until his nineteenth birthday. The public defender argued that the discrepancy between 

C.M.'s orally pronounced and written dispositions was moot due to C.M.'s subsequent 

probation violation. We write to explain that this issue is not moot. In the event that 

C.M. is granted relief from an appeal of the violation of probation order or in 

postconviction proceedings, the record should be clear that he was originally placed on 

six months' probation. On remand, the trial court shall amend the order to reflect the 

orally pronounced placement. See W.S.G. v. State, 32 So. 3d 725, 726 (Fla. 2d DCA 

2010) ("If a discrepancy exists between the written [disposition] and the oral 

pronouncement, the written [disposition] must be corrected to conform to the oral 

pronouncement." (quoting Guerra v. State, 927 So. 2d 248, 249 (Fla. 2d DCA 2006))). 

 Affirmed; remanded for correction of scrivener's error in judgment. 

LaROSE and CRENSHAW, JJ., Concur.
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Orlando Eleazar Guevara

, * From the 35th District Court

of Brown County

Trial Court No. CR24084

.

Vs. No. 11

- 1 7

- 00 313

- CR * August 30 , 2019

The Sta te of Texas, * Memorandum Opinion by Bailey, C.J.

(Panel consists of: Bailey, C.J.

, Stretcher, J., and Wright, S.C.J.,

sitting by assignment)

(Willson, J., not participating)

This court has inspected the record in this cause and concludes that there

is no error in the judgment below. Therefore, in accordance with this court ’ s

opinion, the judgment of the trial court is in all things affirmed.
January 6, 2015

Jeffrey D. Kyle

, Clerk

Third Court of Appeals

P O Box 12547 Austin, TX 78711

- 2547

RE: Case Number 03

- 14

- 00803

- CV

, Melvin Valentine v. T exas Department of Public Safety (T rial Court case number: C-1- CV

- 14

- 010145

, Travis County )

Dear M r

. Kyle

,

The following is my correct contact information in this case :

VALERINA WALTERS Attorney for the Department of Public Safety Office of Regulatory Counsel
P O Box 4087, MSC

- 024 6 Austin, Texas 78773

- 0246 Phone: (512) 424

- 2736 Fax: (512) 424

- 7725

Email: valerina.walters@dps.texas.gov

Kindly update accordingly. If you have any questions, please contact me. Thank you for your prompt attention to this mat ter.

Sincerely,

/s/ Valerina Walters

Valerina Walters 

## TEXAS DEPARTMENT OF PUBLIC SAFETY

OFFICE OF REGULATORY COUNSEL BOX 4087, MSC

- 0246, AUSTIN, TEXAS 78773

- 0246 Office: ( 512) 424

- 5842 Fax: (512) 424

- 7725 www.dps.texas.gov

COMMISSION A. CYNTHIA LEON, CHAIR
MANNY FLORES
FAITH JOHNSON
STEVEN P. MACH
RANDY WATSON STEVEN C. McCRAW
DIRECTOR
DAVID G. BAKER ROBERT J. BODISCH, SR.

DEPUTY DIRECTORS ACCEPTED
03-14-00803-CV

3659589
THIRD COURT OF APPEALS

AUSTIN, TEXAS
1/6/2015 9:37:37 AM

JEFFREY D. KYLE

CLERKCERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was served on the 6 th day of January, 2015 in accordance with Tex. R. App . P

. 9.5 to the following :

Melvin C. Valentine, Jr. 12233 Runningbird Ln, #A Austin, TX 78758

justiceintraviscounty@yahoo.com

/s/ Valerina Walters

VALERINA WALTERS

COURTESY • SERVICE • PROTECTION
PROMISSORY NOTE
                                
                                
                                
                                
                                
$200,000                              Dulles, Virginia
                                          July 1, 1998




   FOR VALUE RECEIVED, the undersigned (the "Maker"), promises to
pay Fairchild Holding Corp. (the "Company") the principal sum  of
$200,000 on June 20, 2001, plus interest at 5.48% per annum  (the
"Applicable  Rate") on September 30 of each year for  the  period
then ended, both payable at the offices of the Company in Dulles,
Virginia.

    The obligation represented by this Note shall constitute  the
general  obligation of the Maker.  It shall constitute a  default
hereunder if the principal and interest is not paid when due  and
payable.  If Maker fails to pay principal and interest when  due,
the  Note, plus accrued interest, will continue to bear  interest
at  the Applicable Rate from the date the Loan is due and as long
as any principal and interest remain outstanding.

    The  Maker  waives all exemptions to the extent permitted  by
law,  diligence in collection, demand, presentment  for  payment,
protest,  and notice of protest and of non-payment.  Time  is  of
the  essence  in  connection  with  this  Note,  which  shall  be
construed  in  accordance with, and governed in all respects  by,
the laws of the State of Delaware.

    IN  WITNESS WHEREOF, this Note has been duly executed by  the
undersigned Maker on the date first above written.





                                             Robert A. Sharpe
March 6 , 2014



### JUDGMENT


## The Fourteenth Court of Appeals

ORANGE ASSOCIATION O F FIRE FIGHTERS , Appellant

NO. 14

- 13

- 00061

- CV

THE CITY OF ORANGE, TEXAS AND SHAWN OUBRE, IN HIS OFFICIAL

CAPACITY AS ORANGE C ITY MANAGER , Appellee s

_______________________________ This cause, an appeal from the judgment in favor of appellee s , The City of Orange, Texas and Shawn Oubre, in his official capacity as Orange City Manager, signed December 7, 2012, was heard on the transcript of the record. We have inspected the record and find error in the judgment. We therefore order the judgment of the court below REVERSED and RENDER judgment compelling
arbitration

.

We further REMAND the cause for further proceedings regarding the City ’ s fee request.

We further order this decision certified below for observance.
<TABLE> <S> <C>

<ARTICLE>                           5
<CIK>                               0000854062    
<NAME>                              GEODYNE ENERGY INCOME LIMITED PSHIP II-H
                                     
<S>                                 <C>
<PERIOD-TYPE>                       3-MOS
<FISCAL-YEAR-END>                   DEC-31-1999
<PERIOD-START>                      JAN-01-1999
<PERIOD-END>                        MAR-31-1999
<CASH>                                    79,158
<SECURITIES>                                   0
<RECEIVABLES>                             98,059
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                         177,217
<PP&E>                                 5,705,737
<DEPRECIATION>                         4,700,000
<TOTAL-ASSETS>                         1,206,703
<CURRENT-LIABILITIES>                     14,309
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                             1,180,331
<TOTAL-LIABILITY-AND-EQUITY>           1,206,703
<SALES>                                  198,192
<TOTAL-REVENUES>                         199,439
<CGS>                                          0
<TOTAL-COSTS>                            167,518
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                           31,921
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                       31,921
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                              31,921
<EPS-PRIMARY>                               0.31
<EPS-DILUTED>                                  0
        
 

</TABLE>
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND 
CHIEF FINANCIAL OFFICER PURSUANT TO     18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Cory Turner, Chief Executive Officer and Chief Financial Officer of Clean Power Concepts Inc. (the Company), 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:

|     |                                                                                                                                                                                                                                                                                               
|---- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|(i)  | The Quarterly Report on Form 10-QSB of the Company, for the nine months ending March 31, 2008, and to which this certification is attached as Exhibit 32 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
|    
|(ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.                                                                                                                                          
|    



| |        |                            
| | ------ | ---------------------------
| | By:    | /s/ Cory Turner            
| | Name:  | Cory Turner                
| | Title: | Chief Executive Officer    
| |        | and Chief Financial Officer
| | Date:  | May 13, 2008
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 23
- 0457 In the Matter of, S.G., an Alleged Mentally Ill Person,

Defendant and Appellant
.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including February 1 , 202 4 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

December 22 2023

12/22/2023

Case Number: DA 23-0457
<TABLE> <S> <C>

<ARTICLE>                         5

<S>                               <C>
<PERIOD-TYPE>                     6-mos
<FISCAL-YEAR-END>                 Dec-31-1999
<PERIOD-END>                      Jun-30-1999
<CASH>                            3,532,787
<SECURITIES>                      000
<RECEIVABLES>                     50,000
<ALLOWANCES>                      000
<INVENTORY>                       000
<CURRENT-ASSETS>                  3,582,787
<PP&E>                            24,972,000
<DEPRECIATION>                    20,492,276
<TOTAL-ASSETS>                    8,062,511
<CURRENT-LIABILITIES>             3,936,930
<BONDS>                           000
<PREFERRED-MANDATORY>             000
<PREFERRED>                       000
<COMMON>                          000
<OTHER-SE>                        4,125,581
<TOTAL-LIABILITY-AND-EQUITY>      8,062,511
<SALES>                           000
<TOTAL-REVENUES>                  2,305,490
<CGS>                             000
<TOTAL-COSTS>                     000
<OTHER-EXPENSES>                  2,152,933
<LOSS-PROVISION>                  344,691
<INTEREST-EXPENSE>                000
<INCOME-PRETAX>                   (192,134)
<INCOME-TAX>                      000
<INCOME-CONTINUING>               (192,134)
<DISCONTINUED>                    000
<EXTRAORDINARY>                   2,165,217
<CHANGES>                         000
<NET-INCOME>                      1,973,083
<EPS-BASIC>                     .22
<EPS-DILUTED>                     .22


</TABLE>
Exhibit 32.2

CERTIFICATION PURSUANT TO
18 USC. 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 FGX International Holdings Limited (the "Company")
for the three and nine months ended October 4, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Anthony Di Paola, Executive Vice President and
Chief Financial Officer of the Company, hereby 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.

November13,2008

/s/ ANTHONY DI PAOLA Anthony Di PaolaTitle:

Executive Vice President and Chief Financial Officer (principal financial officer and principal accounting officer)


---



QuickLinks
*This matter is being decided by a quorum. 28 U.S.C. §

46(d).

 

** 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. 98-10784

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RONALD STAPLES,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:91-CR-001-8-A

- - - - - - - - - -

February 10, 1999

Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.*

PER CURIAM:**

 Ronald Staples appeals the district court’s sentence

following his conviction for conspiracy and making fraudulent

declarations to the Immigration and Naturalization Service.

He argues that the court abused its discretion when it departed

upward and sentenced him to 33 months of imprisonment. He also

argues that the court erred by assessing him a leadership role in

the conspiracy.
No. 98-10784

-2-

 We have reviewed the record and the briefs of the parties

and find no reversible error. Accordingly, we AFFIRM. 

 AFFIRMED.
IV 

116TH CONGRESS 

1ST SESSION H. RES. 381 

Recognizing the REALTORS® Land Institute on the occasion of its 75th 

anniversary. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2019 

Mr. PETERSON (for himself and Mr. CRAWFORD) submitted the following 

resolution; which was referred to the Committee on Financial Services 

RESOLUTION 

Recognizing the REALTORS® Land Institute on the 

occasion of its 75th anniversary. 

Whereas, in 1944, the REALTORS® Land Institute was 

founded by 20 land specialists who met at the Drake 

Hotel in Chicago, Illinois, to establish a national organization that would provide education, information, marketing opportunities, and broker networking to enhance 

the ability of their members to conduct business as recognized professional land use specialists and, through collective action, preserve private property rights; 

Whereas, as of 2019, the REALTORS® Land Institute has 

been an affiliate of the National Association of REALTORS® for 75 years; 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HRES 381 IH 

Whereas, in 2019, the REALTORS® Land Institute celebrates 75 years of serving land owners, users, and realtors throughout the United States and Canada; 

Whereas the members of the REALTORS® Land Institute 

have developed international marketing capabilities and 

networks throughout the world; 

Whereas the REALTORS® Land Institute is comprised of 

members who subscribe to a strict code of ethics and to 

just and equitable principles in real estate transactions; 

Whereas the REALTORS® Land Institute encourages continuing education and rewards members who complete an 

extensive education program and service to the land industry with a national designation of Accredited Land 

Consultant (commonly known as ‘‘ALC’’); and 

Whereas the REALTORS® Land Institute is a national professional trade association, dedicated to advancing the effective use of the most precious commodity in the United 

States, land: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) recognizes the REALTORS® Land Insti3 tute on the occasion of its 75th anniversary; and 

4 (2) respectfully requests that the Clerk of the 

5 House of Representatives transmit a copy of this 

6 resolution to the REALTORS® Land Institute. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk June 28, 2010

0621 

# Order

June 28, 2010

140556

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 140556 COA: 294900 Wayne CC: 05-012647 FC MARVIN BUCHEE BRADLEY, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the December 29, 2009 order of the Court of Appeals is considered , and it is DENIED, because the defendant has
failed to meet the burden of establishi ng entitlement to relief under MCR 6.508(D).
#### In the Matter of Chaka B., a Person Alleged to be a Juvenile Delinquent, Appellant.

[822 NYS2d 514]

Order, Family Court, New York County (Susan R. Larabee, J.), entered on or about July 18, 2005, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts, which if committed by an adult, would constitute the crimes of criminal possession of a weapon in the second and third degrees, possession of pistol or revolver ammunition and unlawful possession of weapons by a person under 16 (two counts), and placed him on probation for a period of 18 months, unanimously affirmed, without costs.

The court properly denied appellant’s motion to suppress statements. There is no basis for disturbing the court’s credibility determinations, which are supported by the record *(see People v Prochilo,*41 NY2d 759, 761 [1977]). The record establishes that the police made reasonably diligent efforts to notify a parent or other relative before questioning appellant *(see*Family Ct Act § 305.2; *People v Bonaparte,*130 AD2d 673 [1987], *lv denied*70 NY2d 703 [1987]; *Matter of Raphael A.,*53 AD2d 592 [1976]). There was nothing oppressive about the *441questioning or the conditions of appellant’s confinement, and the police decision to conduct an interrogation was entirely appropriate, given their need to determine whether or not appellant was engaged in joint criminal activity with his armed companion. Appellant did not preserve his claim that his statement was the product of an unlawful arrest, and we decline to review it in the interest of justice. Were we to review this claim, we would reject it. Concur—Saxe, J.E, Marlow, Nardelli, Sweeny and Catterson, JJ.