alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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should not be published and is not precedent except under the limited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. 08-60390

Summary Calendar

ALEX TITO BENITEZ, also known as Alex Tito Benitez Pineda

Petitioner

v.

ERIC H HOLDER, JR, U S ATTORNEY GENERAL

Respondent

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A94 366 262

Before HIGGINBOTHAM, BARKSDALE and ELROD, Circuit Judges.

PER CURIAM:*

Alex Tito Benitez, a native and citizen of El Salvador, has petitioned this

court for review of the Board of Immigration Appeals’ (BIA’s) order rejecting, as

untimely, his appeal of the immigration judge’s removal decision. He argues

that the BIA erred by declining to accept “jurisdiction by certification,” of his

untimely appeal, as provided in 8 C.F.R. § 1003.1(c). The Respondent argues

that this court lacks jurisdiction to review the decision of the BIA because it was

United States Court of Appeals

Fifth Circuit

F I L E D

April 2, 2009

Charles R. Fulbruge III

Clerk
No. 08-60390

2

purely discretionary and this court has no legal standard by which to review the

ruling.

We do not decide the jurisdictional issue presented herein because even

assuming that jurisdiction exists, Benitez has not adequately briefed his

argument that the BIA erred in finding no extraordinary circumstances

warranting an untimely appeal. Accordingly, the argument is deemed

abandoned. See Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003); Yohey

v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

PETITION DENIED.
Exhibit 99.1

Certification of Principal Executive Officer

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Owens-Illinois Group,
Inc. (the "Company") hereby certifies that to such officer's knowledge:



|Dated: March 27, 2003 |  | /s/JOSEPH H. LEMIEUXJoseph H. Lemieux
Chairman and Chief Executive Officer
Owens-Illinois Group, Inc.
|--------------------- |  | -----------------------------------------------------------------------------------------------------

---

A signed original of this written statement required by Section 906 has been provided to Owens-Illinois Group, Inc. and will be retained by Owens-Illinois Group, Inc.
and furnished to the Securities and Exchange Commission or its staff upon request.

E-4

---

QuickLinks
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 of Affinion Group, Inc. (the Company) on Form
10-Q for the quarter ended September 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Form 10-Q), I, Thomas A. Williams, 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 Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934; and
| | --- | --------------------------------------------------------------------------------------------------------------------------------



| | (ii) | the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and result of operations of the Company.
| | ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                    
|----------------------------------------------------
|Dated: October 30, 2008                             
|                                                    
|/s/ Thomas A. Williams                              
|Thomas A. Williams                                  
|Executive Vice President and Chief Financial Officer
---

Exhibit 32.1

CERTIFICATION PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report on Form 10-Q of Striker
Energy Corp. for the interim period ended November 30, 2009 as filed with the
Securities and Exchange Commission on the date hereof, the undersigned, Joseph
Carusone, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted by
Section 906 of the Sarbanes-Oxley Act of 2002, that:

| | 1. | The Form 10-Q fully complies with the requirements of
      Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as
      amended; and                           
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |    |                                                                                                                                                                            
| | 2. | The information contained in the Form 10-Q fairly
      presents, in all material respects, the financial condition and results of
      operations of Striker Energy Corp.

January 14, 2010

| | /s/ Joseph Carusone                                     
| | --------------------------------------------------------
| | Joseph Carusone                                         
| | President, Chief Executive
      Officer Chief Financial
| | Officer, Secretary, Treasurer and
      Director        
| | (Principal Executive Officer,
      Principal Financial 
| | Officer and Principal Accounting
      Officer)         

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Striker Energy
Corp. and will be retained by Striker Energy Corp. and furnished to the
Securities and Exchange Commission or its staff upon request.

---
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 964 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
H. RES. 964

 Establishing a whistleblower hotline for purposes of reporting waste, 
    fraud, abuse, or mismanagement of taxpayer funds to the Select 
                Subcommittee on the Coronavirus Crisis.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2020

Mr. Correa (for himself, Mr. Cisneros, Mr. Castro of Texas, Ms. Moore, 
Mr. Gonzalez of Texas, Mr. Vargas, Mr. Case, Mr. Lowenthal, Ms. Jackson 
   Lee, Mrs. Napolitano, Mr. Phillips, Mr. Costa, and Mrs. Dingell) 
submitted the following resolution; which was referred to the Committee 
                                on Rules

_______________________________________________________________________

                               RESOLUTION

 
 Establishing a whistleblower hotline for purposes of reporting waste, 
    fraud, abuse, or mismanagement of taxpayer funds to the Select 
                Subcommittee on the Coronavirus Crisis.

    Resolved, That in carrying out the duties prescribed under House 
Resolution 935 (agreed to on April 23, 2020), the Select Subcommittee 
on the Coronavirus Crisis shall, in consultation with the Office of the 
Whistleblower Ombudsman of the House of Representatives, establish a 
hotline for the purposes of individuals reporting (via telephone or 
other electronic communication) waste, fraud, abuse, or mismanagement 
of taxpayer funds appropriated to address the coronavirus crisis.
                                 <all>
```
RECEIVEDIN 

## COURTOFCRIMINALAPPEALS 

## THE TEXAS COURT OF CRIMINAL APPEALS
- DEC2320f5 marcus Leslie, § AbelAcostaClerk Appellant pro se § ' § US. § COA CASE NO. 06-15-00057-CR 

## § RLEDihi 

## THE STATE OF TEXAS t § COURTOF

# CRIMINGAPPEALS MOTION FOR EXTENSION OF TIME r"-> o ^, TO FILE PRO SE '""" c-^- PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT: COMES NOW, Marcus Leslie,. styled hereinafter as "Appellant" pro se and respectfully files this Motion for Extension of Time in which to file a Petition for Discretionary Review (PDR), pursuant to Tex.RulesApp.Proc. 68. On December 3, 2015 the Sixth Court of Appeals rendered its opinion regarding Appellant's Direct Appeal; todelete thedeadly weapon finding from the trial court's judgment and affirm the judgment, as modified. For the following reasons, Appellant is requesting anadditional 60-days to prepare his PDR: 1) Appellant's deadline for filing a PDR is January 3, 2015; 

### 2) Appellant has requested no previous extensions of time in this action; 

### 3) Appellant is apro se litigant and a layman to law and all ofits 

### complicated rules, and should not be held to the exactsame time constraints and standards as a licensed attorney; and 

### k) inherent delays with the prison lawlibrary's next-day shepardizing 

### and inter-loan system, limited legal resources, and outdated books, addtional time is required to receive legal material and cases, research, compose, and deliver documents to the courts. Because of these reasons and in order to adequately prepare an effective 

### and viable PDR worthy ofthis Court's consideration, Appellant request this Honorable Court to extend his time to file his PDR. PRAYER WHEREFORE PREMISES CONSIDERED, Appellant PRAYS that this Court GRANT this motion andextend the deadline to file the PDR anadditional 60-days. 

### The applicant presents this motion forno reason of delay other than justice being served. 

## [SUBMITTEDandSUBSCRIBED on this the£j_day'ofDecember 2015]

Page 1 of 2 

# Ab@lAcosta,ClerkRespectfully submitted

Appellant pro se Connally Unit 899 FM 632 Kenedy, Texas 7B119TDC3 #2001223

DECLARATION "I, Marcus Leslie, TDCO #2001223, presently incarcerated in 

### The TDCD-CID at the ConnallyUnit in Karnes County, Texas, declare under penalty of perjury under Chapter 132 of Texas Civil Practices and Remedies Code and 28 U.S.C. § 1746, that the facts stated in this motion are true and correct:and that I placed this document in the prison mailbox on this date." 

## "Executed on this the fi\ day of December 2015

Marcus Leslie, pro se

CERTIFICATE OF SERVICE 

## Icertify that on this the J$J day of December 2015, Isent the following parties a true and correct copy of this motion by U.S. Mail thru the prison mail system in a postage paid package to the addresses listed below;
Texas Court of Criminal Appeals P.O. Box 12308, Capitol Station Austin, Texas 78711-2308 Attn: Abel Acosta, Court Clerk District Attorney's Office 601 Main St. Texarkana, Texas 75501 Attn: Lauren Sutton, Asst.DA

Marcus Leslie, #2001223

Page 2 of 2
S05F0160.

#### POLLARD v. POLLARD.

(609 SE2d 354)

Thompson, Justice.

After a bench trial, the trial court entered a final judgment and decree of divorce, terminating the marriage between appellant Reggie Pollard and appellee Stephanie Pollard, dividing the marital assets, and awarding alimony to Ms. Pollard. Mr. Pollard sought discretionary review, which was granted under the pilot project in effect in domestic relations cases. We now affirm.

1. Mr. Pollard asserts that the trial court misapplied the rule in *Hubby v. Hubby,*274 Ga. 525 (556 SE2d 127) (2001), in dividing the equity in the marital residence.

Although there is no transcript of the trial, it appears to be undisputed that the marital home was purchased by husband prior to the marriage, that he made the down payment from his own funds, and that the parties lived in the home during the ten-year marriage making contributions to the overhead from marital funds. “Under the ‘source of funds’ rule, as properly applied, Wife is entitled to an equitable share of the . . . net increase in the equity in the marital home attributable to marital funds.” *Hubby v. Hubby,*supra at 526-527.

From the evidence offered at the final hearing, the trial court determined that husband’s individual investment in the property at the time of purchase was $10,948.72, and it applied that figure in beginning its *Hubby*calculation. There is, however, no evidence of record as to husband’s individual contribution or the contributions of marital funds to the property. Inasmuch as consideration of this issue is dependent upon the transcript of evidence and proceedings and we have no transcript, we must presume that the evidence considered by the trial court supported the findings made. *Leitzke v. Leitzke,*239 Ga. 17 (235 SE2d 500) (1977). “Unless some authorized means is used to bring the evidence to this court on appeal, we cannot determine whether enumerations of error, which require consideration of the evidence, have any merit or not.” (Punctuation omitted.) Id. at 18. The result must be an affirmance. See *American Assn. of Cab Cos. v. Abdillahi,*206 Ga. App. 124 (424 SE2d 382) (1992).

2. The remaining issues on appeal relate to the award of alimony and the division of husband’s pension plan. These enumerations of error, likewise, raise evidentiary matters which cannot be considered in the absence of a transcript of the unrecorded trial. *Leitzke,*supra.

*Judgment affirmed.*

*All the Justices concur.*

*58Decided February 21, 2005.

*William O. Cox,*for appellant.

*Francesca A. Rehal,*for appellee.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-41212

Summary Calendar 

UNITED STATES OF AMERICA, 

Plaintiff-Appellee 

v. 

FRANCISCO ORTIZ-RODRIGUEZ, 

Defendant-Appellant 

Appeal from the United States District Court 

for the Eastern District of Texas 

USDC No. 4:15-CR-198-2 

Before JONES, WIENER, and CLEMENT, Circuit Judges. 

PER CURIAM:*

The attorney appointed to represent Francisco Ortiz-Rodriguez 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). Ortiz-Rodriguez has not filed a response. We have reviewed 

counsel’s brief and the relevant portions of the record reflected therein. We 

concur with counsel’s assessment that the appeal presents no nonfrivolous 

 

* 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

March 6, 2017

Lyle W. Cayce

Clerk

 Case: 16-41212 Document: 00513898023 Page: 1 Date Filed: 03/06/2017
No. 16-41212

2 

issue for appellate review. 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.

 Case: 16-41212 Document: 00513898023 Page: 2 Date Filed: 03/06/2017
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

RICHARD BENNETT,

Plaintiff,

v.

CITY OF EAST ORANGE, 

OFFICER DAMON JOHNSON (Badge #138), 

and DETECTIVE HIMONSHU ANTALA 

(Badge #56),

 Defendants.

Civ. No. 11-359 (KSH) (PS)

ORDER

For the reasons expressed in the opinion filed herewith,

IT IS on this 21th day of December 2012, hereby

ORDERED that defendant City of East Orange’s motion for summary judgment [D.E. 64] 

is granted; and it is further

ORDERED that the City of East Orange is hereby dismissed as a party to this litigation; 

and it is further

ORDERED that defendant Antala’s motion for summary judgment [D.E. 63] is denied.

/s /Katharine S. Hayden_____ 

Katharine S. Hayden, U.S.D.J.

Case 2:11-cv-00359-KSH-CLW Document 81 Filed 12/21/12 Page 1 of 1 PageID: 1504
<PAGE>   1
POWER OF ATTORNEY
-------------------------------------------------------------------------------

Each of the undersigned, being a director or officer, or both, of GAYLORD 
CONTAINER CORPORATION, a Delaware corporation (the "Corporation"), does hereby 
constitute and appoint each of Marvin A. Pomerantz and Daniel P. Casey as his 
true and lawful attorney-in-fact and agent, with full power of substitution and 
resubstitution, for him/her and in his/her name, place and stead, in any and 
all capacities, to sign the Corporation's Form 10-K for the Corporation's 1998 
fiscal year and to file same, together with all exhibits thereto and other 
attachments and documents in connection therewith, with the Securities and 
Exchange Commission, the American Stock Exchange and any other regulatory 
authority, and to sign, file or deliver such further documents and to take such 
further actions in connection therewith as each of the undersigned might or 
could do in person and as each such attorney and agent deems necessary or 
desirable; and each of the undersigned does hereby fully ratify and confirm all 
that said attorneys and agents, or any of them, or the substitute of any of 
them, shall do or cause to be done by virtue hereof.

SIGNATURE                                                                  TITLE


/s/ Marvin A. Pomerantz                        Chairman, Chief Executive Officer
-----------------------------                  and (Principal Executive Officer)
Marvin A. Pomerantz


/s/ Daniel P. Casey                                     Executive Vice President
-----------------------------                      (Principal Financial Officer)
Daniel P. Casey


/s/ Jeffrey B. Park                          Vice President-Corporate Controller
-----------------------------                     (Principal Accounting Officer)
Jeffrey B. Park


/s/ Mary Sue Coleman                                                    Director
-----------------------------
Mary Sue Coleman


/s/ Harve A. Ferrill                                                    Director
-----------------------------
Harve A. Ferrill


/s/ John E. Goodenow                                                    Director
----------------------------- 
John E. Goodenow


/s/ David B. Hawkins                                                    Director
----------------------------- 
David B. Hawkins


/s/ Warren J. Hayford                                                   Director
-----------------------------
Warren J. Hayford


/s/ Charles S. Johnson                                                  Director
-----------------------------
Charles S. Johnson


/s/ Jerry W. Kolb                                                       Director
-----------------------------
Jerry W. Kolb


/s/ Ralph L. MacDonald, Jr.                                             Director
-----------------------------
Ralph L. MacDonald, Jr.


/s/ Thomas H. Stoner                                                    Director
-----------------------------
Thomas H. Stoner
#### The People of the State of New York, Respondent, v Edward Nesbitt, Appellant.

[852 NYS2d 783]

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see Anders v California,*386 US 738 [1967]; *People v Paige,*54 AD2d 631 [1976]; *cf. People v Gonzalez,*47 NY2d 606 [1979]). Spolzino, J.P., Ritter, Dillon, Balkin and Leventhal, JJ., concur.
EX-4.01



      NUMBER                                                           SHARES

         0
                                                              See Reverse for
                                                          Certain Definitions



             Incorporated under the laws of the State of Delaware
                                 ABIDON INC.
                            Total Authorized Issue
                      40,000,000 Shares $.0001 Par Value
                                 Common Stock


                                   SPECIMEN


 This is to certify that ____________________________________ is the owner of



 ________________________________________________________ Fully paid and non-

 assessable shares of the above Corporation transferable only on the books of

 the  Corporation  by  the  holder  thereof in person or by a duly authorized

 Attorney upon surrender of this Certificate properly endorsed.



 Witness,  the  seal  of  the  Corporation  and  the  signatures  of its duly

 authorized officers.


 Dated


 ______________________________                    _______________________
 Secretary                                                   President
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA, : Crim. No. 10-854-02 (FSH)

v. : O R D E R

ANTONIO RODRIGUEZ :

Defendant. :

This matter having come before the Court on the Report and Recommendation of the United

States Magistrate Judge filed in this matter, which was submitted as a result of this Court having

referred this cause to the Magistrate Judge for the purpose of conducting a plea proceeding under

Fed. R. Crim. P. 11; and the defendant having consented to the Magistrate Judge conducting the

guilty plea proceeding; and the Court having reviewed the Report and Recommendation, as well as

the transcript of the proceedings on April 7, 2011 and there being no objection to the Report and

Recommendation timely filed pursuant to 28 U.S.C. 636(b); and the Court finding the Report and

Recommendation is neither clearly erroneous nor contrary to law; and the Court hereby finding that

the Report and Recommendation should be approved and adopted and the defendant’s guilty plea

accepted,

IT IS ON THIS 4 day of May, 2011, th

ORDERED that the Report and Recommendation of the United States Magistrate Judge is

approved and adopted; and

IT IS FURTHER ORDERED that the defendant’s guilty plea is accepted and a judgment

of guilt to Count One of the Indictment shall be entered. 

 s/ Faith S. Hochberg 

UNITED STATES DISTRICT JUDGE

Case 2:10-cr-00854-MCA Document 52 Filed 05/04/11 Page 1 of 1 PageID: 145