alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22

- 1241

ERICK TIMOTHY GOODALL , Plaintiff

- Appellant ,

v.
CITY OF RICHMOND , Defendant

- Appellee

.

Appeal from the United States District Court for the Eastern District of Virginia , at Richmond

. John A. Gibney, Jr. , Senior District Judge. ( 3:21

- cv - 00333

- JAG )

Submitted : August 18, 2022 Decided: August 22, 2022

Before WYNN , THACKER , and HEYTENS , Circuit Judge s
.

Affirmed by un published per curiam opinion

.
Erick Timothy Goodall, Appellant Pro Se. Shannan Marie Fitzgerald , OFFICE OF THE CITY ATTORNEY , Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent i n this circuit. USCA4 Appeal: 22-1241 Doc: 11 Filed: 08/22/2022 Pg: 1 of 22 P ER CURIAM: Erick Timothy Goodall appeals the district court’s order s dismissing his civil rights action filed pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics , 403 U.S. 388 (1971)

. On app eal, we confine our review to
the issues raised in the informal brief. See 4th Cir. R. 34(b). Because Goodall’s informal brief does not challenge the basis for the district court’s disposition, he has forfeited appellate review of the court’s order s
. See Jackson v. Lightsey , 775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an important document; under Fou rth Circuit rules, our review is limited to issues preserved in that brief.”) . Accordingly, we affirm the district court’s judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before t his court and argument would not aid the decisional process.
AFFIRMED USCA4 Appeal: 22-1241 Doc: 11 Filed: 08/22/2022 Pg: 2 of 2
<TABLE> <S> <C>


<ARTICLE>                     5

<MULTIPLIER>                                   1,000

<S>                                            <C>
<PERIOD-TYPE>                                  3-mos
<FISCAL-YEAR-END>                              Dec-31-2000
<PERIOD-START>                                 Jan-01-2000
<PERIOD-END>                                   Mar-31-2000
<CASH>                                         3,931
<SECURITIES>                                   0
<RECEIVABLES>                                  11,945
<ALLOWANCES>                                   1,236
<INVENTORY>                                    0
<CURRENT-ASSETS>                               15,880
<PP&E>                                         5,868 <F1>
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 40,234
<CURRENT-LIABILITIES>                          10,827
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    166
<COMMON>                                       54
<OTHER-SE>                                     25,501
<TOTAL-LIABILITY-AND-EQUITY>                   40,234
<SALES>                                        13,608
<TOTAL-REVENUES>                               13,608
<CGS>                                          11,638
<TOTAL-COSTS>                                  11,638
<OTHER-EXPENSES>                               1,519
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             116
<INCOME-PRETAX>                                335
<INCOME-TAX>                                   45
<INCOME-CONTINUING>                            290
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   290
<EPS-BASIC>                                    .06
<EPS-DILUTED>                                  .06

<FN>
<F1>
PP&E is net of depreciation.
</FN>


</TABLE>
## IN THE COURT OF CRIMINA L APP EALS OF TEX AS NOS. WR-78,646-03 & WR-78,646-04

EX P ARTE RAY EUG ENE FIELDS, Appl icant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NUMBERS 88-93664-M& 88-93665- M IN THE 194 JUDICIAL DISTRICT COURT DALLAS COUNTY

T H Per curiam . O R D E R Pursuant t o t h e p rovi sions of Article 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Co u rt t h es e ap p l i cations for writs of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of ag g ravated robber y in two cause numbers and was sentenc ed to forty year s’ imprisonment for eac h cause . The Fifth Court of Appea ls aff irmed Applicant’s convictions. Fields v. State , 05-88-01437- CR & 05-88- 01436-CR (Tex. App.–Dallas Octobe r 11, 1989). Applicant’s claim for pre- sentenc e jail time cre dit is dismiss ed. See Ex parte Florence , 319 S.W .3d 695 (Tex. Crim. App. 2010); Ex Parte Ybarr a , 149 S.W .3d 147 (Tex. Crim. App. 2004).-2-

Ba sed on this Court’s independe nt revie w of the entire rec ord, we den y relief on all of Applicant’s other

claims.

Filed: September

24, 2014 Do not publish
#### Hattie FELS, Plaintiff, v. Abraham A. RIBICOFF, Secretary of Health, Education and Welfare, Defendant.

United States District Court S. D. New York.

April 9, 1962.

Paul Amerling, Hudson, N. Y., for plaintiff.

Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, New York City, for defendant. John F. *X.*Peloso, Asst. U. S. Atty., New York City, of counsel.

SUGARMAN, District Judge.

The plaintiff herein brought an action under Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), for a review of a final decision of the Secretary of Health, Education and Welfare, which held that although the plaintiff was entitled to old age insurance benefits under the Act, she was ineligible to receive payment thereof in any month of the years 1957 and 1958 because she performed services and received earnings therefrom in an amount which required the imposition of deductions against her benefits.

The defendant, after answer, now moves pursuant to F.R.Civ.P. 12(c), 28 U.S.C.A. for judgment on the pleadings in his favor.

Appended to the “Plaintiff’s Memorandum in Opposition” to the defendant’s motion aforesaid are an affidavit of the plaintiff, sworn to February 19, 1962 and an affidavit of her accountant, sworn to February 19, 1961 [sic]. In the plaintiff’s affidavit she refers to this motion as one “for Summary Judgment dismissing this action”.

*142While it is true that F.R.Civ.P. 12(c) provides:

> “If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and *not excluded,*by the court, the motion shall be treated as one for summary judgment * ® (Emphasis supplied.)

I am constrained to exclude the aforesaid affidavits.

Under Section 205(g) of the Act, 42 U.S.C.A. § 405(g), the court is vested with power to “review” the Secretary’s determination and to enter, “upon the pleadings and transcript of the record”, the appropriate judgment. Accordingly, the only papers which I may consider on this motion are the amended complaint and answer thereto filed in this court, the latter having appended to it the transcript of the entire record of proceedings relating to the plaintiff’s application for old age insurance benefits before the defendant’s department. Pirone v. Flemming, D.C., 183 F.Supp. 739 (S.D.N.Y. 1959) , affirmed on the opinion of the District Court, 278 F.2d 508 (2d Cir. 1960).

The findings of the Secretary, that the drawings of the plaintiff from her wholly-owned corporation during 1957 and 1958 constituted earnings for services for the business and not repayment of a loan by her to the corporation, as contained in the Referee’s decision of July 15, 1959, of which the Appeals Council of the Social Security Administration denied the plaintiff’s request for review on October 8, 1959, are amply supported by substantial evidence adduced at the hearing before the Referee on May 27, 1959, and as otherwise disclosed in the transcript filed heréin as aforesaid with the defendant’s answer. They, therefore, are conclusive under the Act.

The defendant’s motion for judgment on the pleadings is granted.

Settle an order.
The Honorable Bobby E. Shepherd, United States Magistrate Judge for the

1

Western District of Arkansas, to whom the case was referred for final disposition by

consent of the parties pursuant to 28 U.S.C. § 636(c).

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 97-3756

___________

Seebetha Richmond, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Western District of Arkansas.

Kenneth S. Apfel, Commissioner *

of Social Security, * [UNPUBLISHED]

*

Appellee. *

___________

 Submitted: March 16, 1998

 Filed: March 17, 1998

___________

Before BOWMAN, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit

Judges.

___________

PER CURIAM.

Seebetha Richmond appeals the District Court’s order granting summary

1

judgment to the Commissioner and affirming the Commissioner’s decision to deny

Richmond supplemental security income benefits. Having carefully reviewed the
-2-

record and the parties’ submissions, we affirm the judgment of the District Court for

the reasons set forth in its memorandum. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 31.1



CERTIFICATIONS



I, Paul C. Honda, 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 Honda Auto Receivables 2013-2
Owner Trust (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. I am responsible for reviewing the activities performed by
the servicer and based on my knowledge and the compliance review conducted in preparing 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 servicer has
fulfilled its obligations under the servicing agreement 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 unaffiliated party The Bank of New York Mellon.



Date: June 10, 2015



|/s/ Paul C. Honda                                    | 
|---------------------------------------------------- | 
|Paul C. Honda                                        | 
|Vice President and Assistant Secretary               | 
|of American Honda Finance Corporation                | 
|(senior officer in charge of the servicing function) |
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Notices]
[Page 39581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17535]


=======================================================================
-----------------------------------------------------------------------

FEDERAL DEPOSIT INSURANCE CORPORATION


Notice to All Interested Parties of the Termination of the 
Receivership of 10160--SolutionsBank, Overland Park, Kansas

    Notice is hereby given that the Federal Deposit Insurance 
Corporation (FDIC) as Receiver for SolutionsBank, Overland Park, Kansas 
(``the Receiver'') intends to terminate its receivership for said 
institution. The FDIC was appointed Receiver of SolutionsBank on 
December 11, 2009. The liquidation of the receivership assets has been 
completed. To the extent permitted by available funds and in accordance 
with law, the Receiver will be making a final dividend payment to 
proven creditors.
    Based upon the foregoing, the Receiver has determined that the 
continued existence of the receivership will serve no useful purpose. 
Consequently, notice is given that the receivership shall be 
terminated, to be effective no sooner than thirty days after the date 
of this notice. If any person wishes to comment concerning the 
termination of the receivership, such comment must be made in writing 
and sent within thirty days of the date of this notice to: Federal 
Deposit Insurance Corporation, Division of Resolutions and 
Receiverships, Attention: Receivership Oversight Department 34.6, 1601 
Bryan Street, Dallas, TX 75201.
    No comments concerning the termination of this receivership will be 
considered which are not sent within this time frame.

Federal Deposit Insurance Corporation.

    Dated: August 15, 2017.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2017-17535 Filed 8-18-17; 8:45 am]
BILLING CODE 6714-01-P
# Fourth Court of Appeals San Antonio, Texas September 29, 2022
No. 04

- 22

- 00631

- CV Chukwuzoba Mary Cynthia ORAEKWE ,

Appellant

v. Peter C. ORAEKWE , Appellee
From the 45th Judicial District Court , Bexar County, Texas

Trial Court No. 2020CI05714 Honorable Mary Lou Alvarez , Judge Presiding



### O R D E R This court assigned two appeal numbers to the “Notice of Appeal

– Writ of Habeas Corpus” filed with the trial court clerk on September 2 6 , 20 22 , in trial court cause number 2020CI057 14

. This court assigned (1) c ause number 04

- 22

- 00627

- CV for purposes of the writ of habeas corpus and (2) cause number 04

- 22

- 00631

- CV for purposes of the notice of appeal. On September 28, 2022, counsel for the appellant filed a letter with this court stating, “Our intention was only to seek a Writ of Habeas Corpus relief and Temporary Emergency relief under it. It was not the intention to file for an appeal.” It is therefore ORDERED that appeal number 04

- 22

- 00631

- CV will be treated as a closed case for adminis trative purposes.

_________________________________ Lori I. Valenzuela , Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of September, 2022

.

___________________________________ MICHAEL A. CRUZ , Clerk of Court
Exhibit 31.1


Rule 13a-14(a)/15d-14(a) Certification





I, James Darrell Thomas, 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 Harley-Davidson Motorcycle Trust 2013-1 (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.   I am responsible for reviewing the activities performed by the servicer and based on my knowledge and the compliance reviews conducted in preparing 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 servicer has fulfilled its obligations under the servicing agreement 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 following unaffiliated party: The Bank of New York Mellon Trust Company, N.A.





HARLEY-DAVIDSON MOTORCYCLE TRUST 2013-1By:Harley-Davidson Credit Corp.,as ServicerBy:/s/ James Darrell ThomasJames Darrell ThomasVice President, Treasurer and Assistant Secretary    (senior officer in charge of the servicing function)March 25, 2015
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the references to our firm in the Post-Effective Amendment to the Registration Statement on Form N-1A of Saturna Investment Trust and to the use of our reports dated January 29, 2008 on the financial statements and financial highlights of Idaho Tax-Exempt Fund, a series of shares of Saturna Investment Trust.   Such financial statements and financial highlights appear in the 2007 Annual Report to Shareholders, which is incorporated by reference into the Statement of Additional Information.

> 
/s/ TAIT, WELLER & BAKER LLP

Philadelphia, Pennsylvania  March 27, 2008
#### Michael WHITTEN *v.*STATE of Arkansas

CR 97-447

965 S.W.2d 124

Supreme Court of Arkansas

Opinion delivered March 19, 1998

*Ronald C. Nichols,*for appellant.

No response.

Per Curiam.

On January 14, 1997, appellant, Michael Whitten, by his attorney, Ronald C. Nichols, filed a petition for writ of certiorari, requesting that the trial court clerk be directed to complete the record on appeal. We granted a thirty-day extension to complete the record and issued a writ to the circuit clerk and court reporter on January 29, 1998, for the purpose of obtaining the transcript of testimony in this case. On February 17, 1998, Appellant filed for an additional sixty-day extension of time to complete the record, noting that the trial court reporter has been ill and that her workload is seriously backlogged. On February 27, 1998, we received a duplicate copy of the record alreády on file with the supreme court clerk, but we have yet to receive a record of the trial testimony.

We grant appellant’s motion for a sixty-day extension of time to complete the record. We also grant a writ of certiorari and direct the court reporter to prepare a transcript of the trial for appeal and to file the record with the supreme court clerk within sixty days from the date of this per curiam order. An appropriate briefing schedule will then be set by the clerk of this court.

*374However, we are concerned that a serious backlog problem may be developing with respect to the court reporter for the Pulaski County Circuit Court, Seventh Division, that may impact cases currently on appeal or to be appealed from that court. A copy of this opinion will be forwarded to Judge John B. Plegge for a determination to be made by him as to (i) the nature and degree of the backlog problem, and (ii) the necessity or advisability of retaining additional help to alleviate the problem.
**Exhibit 32.2****CERTIFICATION**     The undersigned officer of DATATRAK International, Inc. (the “Company”), does hereby certify,to such officer’s knowledge, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that: 1. the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2006(the “Form 10-Q”) fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and  2. the information contained in the Form 10-Q fairly presents, in all materialrespects, the financial condition and results of operations of the Company as of, andfor, the periods presented in the Form 10-Q.        Dated: August 7, 2006 /s/ Terry C. Black   Terry C. Black   Chief Financial Officer
Exhibit 32









CERTIFICATION





In
connection with the quarterly report of Franklin Covey Co. (the “Company”) on
Form 10-Q for the quarterly period ended November 28, 2009, as filed with the
Securities and Exchange Commission (the “Report”), we, Robert A. Whitman, Chief
Executive Officer of the Company, and Stephen D. Young, Chief Financial Officer
of the Company, hereby certify as of the date hereof, solely for purposes of
Title 18, Chapter 63, Section 1350 of the United States Code, that to the best
of our knowledge:





1.
            The
      Report fully complies with the requirements of Section 13(a) or 15(d), as
      applicable, of the Securities Exchange Act of 1934, and2.
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the Company
      at the dates and for the periods
indicated.





This
Certification has not been, and shall not be deemed, “filed” with the Securities
and Exchange Commission.








/s/ Robert A. Whitman
            
            /s/ Stephen D. YoungRobert
      A. Whitman
              Chief
      Executive Officer
            
            Stephen
      D. Young
              Chief
      Financial OfficerDate:
      January 7, 2010
            
            Date:
      January 7, 2010
##### 



EXHIBIT 31.1
 CEO CERTIFICATION
PURSUANT TO SECTION 302 OF THE
SARBANES  OXLEY ACT OF 2002
      a)
    
    designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly during
the period in which this quarterly report is being prepared;b)
    
    evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the period
covered by this quarterly report based on such evaluation; andc)
    
    disclosed in this quarterly report any change in the registrants internal
control over financial reporting that occurred during the registrants most recent
fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and
  a)
    
    all significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report financial
information; andb)
    
    any fraud, whether or not material, that involves management or other employees
who have a significant role in the registrants internal control over financial
reporting.
   By:
    
    /s/Lee Roy MitchellLee Roy MitchellChief Executive Officer