alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Marko S., Also Known as Marko Alexander S. and Another, Respondent, v Heather S., Also Known as Heather Kim S., Appellant.

Submitted July 23, 2012;

decided December 11, 2012

Motion for reargument denied *[see*19 NY3d 875 (2012)].
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-20451

Summary Calendar

BRIAN DORSEY,

Plaintiff-Appellant

v.

CAPTAIN MCFARLIN; MRS. SCOTT, Case Counselor; MAJOR VAUGHN; T. 

JOHNSON; MRS. JOHNSON, Safekeeping Coordinator; AMANDA 

MENDOZA,

Defendants-Appellees

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:14-CV-730

Before KING, JOLLY, and HAYNES, Circuit Judges.

PER CURIAM:*

Brian Dorsey, Texas prisoner # 720821, has appealed the dismissal of his 

civil rights complaint for failure to state a claim upon which relief may be 

granted. In his complaint, Dorsey asserted that his right to due process was 

violated during a prison disciplinary proceeding related to his unauthorized 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

July 16, 2015

Lyle W. Cayce

Clerk

 Case: 14-20451 Document: 00513117861 Page: 1 Date Filed: 07/16/2015
No. 14-20451

2

possession of a cellphone. Our review is de novo. Green v. Atkinson, 623 F.3d 

278, 279 (5th Cir. 2010).

The Due Process Clause “protects persons against deprivations of life, 

liberty, or property; and those who seek to invoke its procedural protection 

must establish that one of these interests is at stake.” Wilkinson v. Austin, 545 

U.S. 209, 221 (2005). None of the punishments imposed in the disciplinary 

proceeding implicate Dorsey’s protected liberty interests. See Sandin v. 

Conner, 515 U.S. 472, 484-86 (1995); Malchi v. Thaler, 211 F.3d 953, 958 (5th 

Cir. 2000); Madison v. Parker, 104 F.3d 765, 767 (5th Cir. 1997). Although 

there is a constitutional expectancy of early release and thus a protected liberty 

interest created by Texas’s mandatory supervision scheme for earned goodtime credits, see Malchi, 211 F.3d at 957-58, Dorsey is not eligible for release 

on mandatory supervision because he was convicted previously of murder. See 

TEX. GOV’T CODE ANN. § 508.149(a)(2) (West 2004). Because he was not 

deprived a protected liberty interest, Dorsey has not alleged a due process 

claim related to his disciplinary proceedings. See Austin, 545 U.S. at 221. The 

judgment is AFFIRMED.

Dorsey is WARNED that the district court’s dismissal of his complaint 

pursuant to pursuant to 28 U.S.C. § 1915A(b)(1) counts as a strike under 28 

U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 385-87 (5th Cir. 

1996). If Dorsey accumulates three strikes, he may not proceed IFP in any 

civil action or appeal filed while he is incarcerated unless he is under imminent 

danger of serious physical injury. See § 1915(g).

 Case: 14-20451 Document: 00513117861 Page: 2 Date Filed: 07/16/2015
### THE THIRTEENTH COURT OF APPEALS

13

- 22

- 00021

- CR

JOSHUA LEE VASQUEZ

v. THE STATE OF TEXAS
On Appeal from the 377th District Court of Victoria County , Texas Trial Court Cause No. 21

- 09

- 33167

- D

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having consider ed this cause on appeal, concludes that the judgment of the trial court should be affirmed , as modified

. The Court orders the judgment of the trial court AFFIRMED , AS MODIFIED

. We further order this decision certified below for observance. February 9, 2023
#### Julie Ann Chang, Respondent, v Yu-Jen Chang, Appellant.

Submitted June 25, 2012;

decided September 6, 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.
Exhibit 32.2





CERTIFICATION PURSUANT TO SECTION 906


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





In connection with the Quarterly Report of BreitBurn Energy Partners L.P (the “Partnership”) on Form 10-Q for the period ended June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Randall H. Breitenbach, Co-Chief Executive Officer of BreitBurn GP, LLC, the general
partner of the Partnership, 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 my knowledge:





(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 Partnership.





/s/ RANDALL H. BREITENBACHRandall H. BreitenbachCo-Chief Executive Officer of BreitBurn GP, LLCDated:  August 10, 2009
--------------------------------------------------------------------------------


                                    Exhibit 2

                              Articles of Amendment

                        Desert Springs Acquisition Corp.


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

<PAGE>


CHANGE OF NAME                                                       FILED COPY

                                                              951112489 C $25.00
                                                              SECRETARY OF STATE
                                                              09-13-95     11:26
                                                      
                              ARICLES OF AMENDMENT
                                     TO THE
                            ARTICLES OF INCORPORATION
                                       OF
                          Bartel Financial Group, Inc.


     Pursuant  to  the  provisions  of  the  Colorado   Corporation   Code,  the
undersigned  corporation  adopts the  following  Articles  of  Amendment  to its
Articles of Incorporation:

     First: The name of the Corporation is Bartel Financial Group, Inc.

     Second:  The  following  amendment  to the  Articles of  Incorporation  was
adopted on July 11, 1995, as prescribed by the Colorado Corporation Code, in the
following manner:

[x] Such Amendment was adopted by vote of the shareholders. The number of shares
voted for the amendment was sufficient for approval.

          1. The Name of the Corporation is Desert Springs Acquisition Corp


     Third:  In all other respects,  the Articles as originally  filed remain in
full force and effect as stated.


     We, the undersigned, being the Presiedent and Secretary this Corporation do
make and file these  Articles of  Amendment,  for the  purpose of  Amending  the
Articles of Incorporation as originally filed pursuant the Colorado  Corporation
Code,  and  accordingly  have set our hand  hereunto  this Day in  certification
thereof: August 31, 1995.





/s/ James Bartel                                             /s/Mitchel Milgaten
James Bartel                                                    Mitchel Milgaten
PRESIDENT                                                              SECRETARY
THE STATE OF TEXAS

MANDATE

TO THE 102ND DISTRICT COURT OF RED RIVER COUNTY, GREETINGS:

Before the Court of Appeals for the Sixth Court of Appeals District of Texas, on the 19th 

day of May, A.D. 2015, the cause upon appeal to revise or reverse your Judgment was determined; 

and therein our said Court made its order in these words:

Kelly Wayne Lamon, Appellant

v.

The State of Texas, Appellee

No. 06-14-00241-CR

Trial Court No. CR-02184

As stated in the Court’s opinion of this date, we find no error in the judgment of the court 

below. We affirm the judgment of the trial court.

We note that the appellant, Kelly Wayne Lamon, has adequately indicated his inability to 

pay costs of appeal. Therefore, we waive payment of costs.

WHEREFORE, WE COMMAND YOU to observe the order of our said Court in this 

behalf, and in all things to have it duly recognized, obeyed, and executed.

WITNESS, the Hon. Josh R. Morriss, III, Chief Justice of our said Court of Appeals, with 

the seal thereof annexed, at the City of Texarkana, this the 16th day of July, A.D. 2015.

DEBRA K. AUTREY, Clerk
#### The People of the State of New York, Respondent, v Evans M. Rodriguez, Appellant.

[977 NYS2d 523]

Appeal from a judgment of the Monroe County Court (Joan S. Kohout, A.J.), rendered October 12, 2010. The judgment convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the first degree and criminal possession of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of, inter alia, criminal possession of a controlled substance in the first degree (Penal Law § 220.21 [1]). Contrary to defendant’s contention, County Court did not abuse its discretion in denying his motion for a mistrial *(see*
      *1345
      *People v DeJesus,*110 AD3d 1480, 1481-1482 [2013]). Defendant contends that he was deprived of a fair trial when the court permitted an undercover police officer to testify that he observed defendant speaking to an identified person known by the officer because of the implication, based upon the work of the officer, that the person to whom defendant was speaking was a drug dealer. Defendant contends that the testimony violated the court’s *Molineux*ruling that the People could not present evidence “of a prior sale with the defendant.” As a preliminary matter, we note that the record is not clear that the court’s ruling applied to the interaction between defendant and the person identified by the police officer, and we further note that the police officer did not testify that he observed a sale but, rather, he testified only that he observed the two men speaking. In any event, the determination whether to grant a motion for a mistrial is within the discretion of the trial court (see *People v Ortiz,*54 NY2d 288, 292 [1981]; *People v Scott,*107 AD3d 1635, 1636 [2013], *lv denied*21 NY3d 1077 [2013]), and such a motion must be granted if an error occurs during the trial that is prejudicial and deprives a defendant of a fair trial (see CPL 280.10 [1]; see *generally People v Ward,*107 AD3d 1605, 1606 [2013], *lv denied*21 NY3d 1078 [2013]). That is not the case here. The police officer testified that he was familiar with defendant, and thus any alleged implication that defendant was a drug dealer based upon the familiarity of the police officer with the person with whom defendant was speaking is not so prejudicial as to deprive defendant of a fair trial. Present — Scudder, PJ., Smith, Peradotto, Lindley and Sconiers, JJ.
**EXHIBIT 21**

 

**SUBSIDIARIESOF**

 

**MINUTEMANINTERNATIONAL, INC.**

 

 

Multi-Clean Division ofMinuteman International, Inc.

600 Cardigan Road

Shoreview,Minnesota  55126

 

Minuteman Canada, Inc.

2210 Drew Road

Mississauga

Ontario L5S 1B1 Canada

 

Minuteman InternationalForeign Sales Corporation

c/o Ernst & YoungServices, Ltd.

P.O. Box 261 Bay Street

Bridgetown, Barbados

 

Minuteman European B.V.

Haverstraat 31

2153 GB Nieuw-Vennep

The Netherlands

 

Minuteman PowerBoss,Inc.

175 Anderson Street

Aberdeen, NorthCarolina 28315

 

----
Certification of Chief Financial Officer Pursuant to 18 U.S.C. SECTION 1350   In connection with the Quarterly Report of Proper Power and Energy, Inc. (the Company) on Form 10-Q for the period ending September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Lior Segal, Chief Financial Officer of the Company, certify, to my knowledge that:  (i)  the accompanying Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended (the Act); and  (ii)  the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  PROPER POWER AND ENERGY, INC.  /s/:  Lior Segal LIOR SEGAL, Chief Financial Officer   November 15, 2010
<TABLE> <S> <C>

<ARTICLE>                                          5
<CIK>                                              0000811078
<NAME>                                Shearson Select Advisors Futures Fund L.P.

<S>                                                  <C>
<PERIOD-TYPE>                                      12-MOS
<FISCAL-YEAR-END>                                  DEC-31-2000
<PERIOD-START>                                     JAN-01-2000
<PERIOD-END>                                       DEC-31-2000
<CASH>                                                     2,877,784
<SECURITIES>                                                 631,967
<RECEIVABLES>                                                 10,731
<ALLOWANCES>                                                       0
<INVENTORY>                                                        0
<CURRENT-ASSETS>                                           3,520,482
<PP&E>                                                             0
<DEPRECIATION>                                                     0
<TOTAL-ASSETS>                                             3,520,482
<CURRENT-LIABILITIES>                                        161,937
<BONDS>                                                            0
<PREFERRED-MANDATORY>                                              0
<PREFERRED>                                                        0
<COMMON>                                                           0
<OTHER-SE>                                                 3,358,545
<TOTAL-LIABILITY-AND-EQUITY>                               3,520,482
<SALES>                                                            0
<TOTAL-REVENUES>                                             261,617
<CGS>                                                              0
<TOTAL-COSTS>                                                      0
<OTHER-EXPENSES>                                             154,761
<LOSS-PROVISION>                                                   0
<INTEREST-EXPENSE>                                                 0
<INCOME-PRETAX>                                              106,856
<INCOME-TAX>                                                       0
<INCOME-CONTINUING>                                                0
<DISCONTINUED>                                                     0
<EXTRAORDINARY>                                                    0
<CHANGES>                                                          0
<NET-INCOME>                                                 106,856
<EPS-BASIC>                                                 155.53
<EPS-DILUTED>                                                      0


</TABLE>
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 21

- 3162

BRIAN A. DAVIS;

FREDRICKA K. BECKFORD,

Appellants

v.

GEORGE C. WIGEN, Former Warden, Moshannon Valley Correctional Center;

THE GEO GROUP, INC.; DONNA MELLENDICK, Former Administrator, Bureau of

Prisons Privatization Management Branch; DAVID O'NEILL, Assistant Field Director,

Department of Homeland Security

(W .D. Pa. No. 3

- 16

- cv

- 00026 )

Present: RESTREPO, McKEE, and SMITH

, Circuit Judges

Motion by Appellees Donna Mel lendick and David O’Neill to Amend

Opinion and Judgment.

Respectfully,

Clerk/ DWB/arr

____________________ _____________ ORDER

________________________________ The foregoing motion is GRANTED as reflected in the amended precedential opinion

and amended judgment which are filed simultaneously with this Order.

By the Court,

s/ D. Brooks Smith

Circuit Judge

D ated: September 19, 2023

cc: Stephen A

. F o gdall, Esq

. Thomas A. Specht, Esq.

Adam N. Hallowell, Esq.

Laura S. Irwin, E sq.

Dino L. LaVerghetta, Esq.
**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 Pet Express Supply, Inc. (the "Company") on Form 10-QSB for the three and nine month periods ended September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Renea Yamada, acting in the capacity as the Chief Executive Officer of the Company, and I, Diane Egger, acting in the capacity as the Chief Financial Officer of the Company, certify to the best of our knowledge, 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 result of operations of the Company. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

 

/s/ Renea Yamada

|   | Renea Yamada |  
 

Chief Executive Officer

 

November 20, 2006

 
 

 

/s/ Diane Egger

 

Diane Egger

 
 

Chief Financial Officer

 

November 20, 2006

 
 

 

 

 

 

 

 

 

 

  |
|--------|--------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
<PAGE>

Exhibit 32.1

                      CHIEF EXECUTIVE OFFICER 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 Bank of Granite Corporation (the
"Company") on Form 10-K for the period ended December 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Charles
M. Snipes, Chief Executive 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, to the best of my knowledge:

      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 the results of operations of the
Company.

Date: March 14, 2005                   /s/ Charles M. Snipes
                                       -----------------------------------------
                                       Charles M. Snipes
                                       Chief Executive Officer
#### Eric Landon, Respondent, v Kroll Laboratory Specialists, Inc., Appellant.

Submitted December 10, 2012;

decided January 15, 2013

Motion by Robert N. Isseks and Bloom & Bloom, P.C. to withdraw as counsel for respondent on the appeal herein granted.
97-24.

#### In re Comm. Investigation Relative to the Establishment of Local Exchange Competition & Other Competitive Issues.

Public Utilities Commission, No. 95-845-TP-COI. On motion to dismiss. Motion to dismiss sustained. Cause dismissed.

Moyer, C.J., Douglas, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

Resnick, J., not participating.
Exhibit 31(d)

BALTIMORE GAS AND ELECTRIC COMPANY  CERTIFICATION

I, E. Follin Smith, certify that:

1.     I
have reviewed this report on Form 10-K of Baltimore Gas and Electric Company;

2.     Based
on my knowledge, this 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 report;

3.     Based
on my knowledge, the financial statements, and other financial information included in this 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 report;

4.     The
registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the registrant and have:



5.     The
registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal controls over financial reporting, to the registrant's
auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):



Date:
March 9, 2004

|/s/E. FOLLIN SMITH                                |  | 
|------------------------------------------------- |  | 
|Senior Vice President and Chief Financial Officer |  | 

141

---

QuickLinks
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Eddie Sandoval Soto, * From the 91st District Court

of Eastland County,

Trial Court No. 23434.

Vs. No. 11-15-00023-CR * July 16, 2015

The State of Texas, * Per Curiam Memorandum Opinion

(Panel consists of: Wright, C.J., 

Willson, J., and McCall, sitting by 

assignment)

(Bailey, J., not participating)

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

appeal should be dismissed. Therefore, in accordance with this court’s opinion, 

the appeal is dismissed.