alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Antonio AYERS *v.*STATE of Arkansas

CR 97-368

960 S.W.2d 453

Supreme Court of Arkansas

Opinion delivered March 19, 1998

*R.S. McCullough,*for appellant.

No response.

Per Curiam.

Antonio Ayers was convicted of capital murder and sentenced to life imprisonment without parole. A notice of appeal was filed on his behalf. He is represented by Attorney R.S. McCullough who filed the appellate record with this Court on April 1, 1997. Mr. McCullough, after receiving three extensions of the deadline for filing his client’s brief, filed a brief with this Court on September 11, 1997. The abstract of the record was deficient, and upon motion by the State, counsel was instructed to comply with the requirements of Ark. Sup. Ct. R. 4-3(h). The deadline for compliance was November 15, 1997. It was not met.

By letter of February 4, 1998, the Clerk of this Court inquired of counsel as to the status of the appeal. Counsel responded on February 17, 1998, with a motion for further extension until March 6, 1998. On March 6, 1998, counsel sought an extension to March 25, 1998, blaming the delay on a “young associate” who is “no longer employed by this firm.”

We grant the extension and caution that it is a final extension. A copy of this order will be sent to the Committee on Professional Conduct.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Deposit Insurance Corporation

The Federal Deposit Insurance Corporation (FDIC), as Receiver for 10244 Granite Community Bank, NA., Granite Bay, California (Receiver) has been authorized to take all actions necessary to terminate the receivership estate of Granite Community Bank, NA. (Receivership Estate); the Receiver has made all dividend distributions required by law.

The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

Effective September 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

Dated: September 1, 2017.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Executive Secretary.

[FR Doc. 2017-18947 Filed 9-6-17; 8:45 am]

 BILLING CODE 6714-01-P
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, January 16, 2018. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, January 16, 2018 The Court of Appeals hereby passes the following order A18I0093. BELK, INC. v. ELIZABETH CHARLENE EVANS.
Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby DENIED.
LC NUMBERS: 16CV1647
<PAGE>
                                                                   EXHIBIT 24(b)

January 27, 2005



Mr. S. Kinnie Smith, Jr.
Mr. Thomas J. Webb
Mr. Michael D. VanHemert
Consumers Energy Company
One Energy Plaza
Jackson, MI 49201-2276

Consumers Energy Company is required to file an Annual Report on Form 10-K for
the year ended December 31, 2004 with the Securities and Exchange Commission
within 90 days after the end of the year.

We hereby make, constitute and appoint each of you our true and lawful attorney
for each of us and in each of our names, places and steads to sign and cause to
be filed with the Securities and Exchange Commission said Annual Report with any
necessary exhibits, and any amendments thereto that may be required.

Very truly yours,


/s/ K. Whipple                                    /s/ W. U. Parfet
-------------------------------                   ------------------------------
Kenneth Whipple                                   William U. Parfet



/s/ Merribel S. Ayres                             /s/ Percy A. Pierre
-------------------------------                   ------------------------------
Merribel S. Ayres                                 Percy A. Pierre



/s/ Earl D. Holton                                /s/ S. Kinnie Smith Jr.
-------------------------------                   ------------------------------
Earl D. Holton                                    S. Kinnie Smith, Jr.



/s/ D. W. Joos                                    /s/ Kenneth L. Way
-------------------------------                   ------------------------------
David W. Joos                                     Kenneth L. Way



/s/ M. T. Monahan                                 /s/ John B. Yasinsky
-------------------------------                   ------------------------------
Michael T. Monahan                                John B. Yasinsky



/s/ Joseph F. Paquette, Jr.
-------------------------------
Joseph F. Paquette, Jr.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-1953

BRIGITTE KIZA; NYIRANGORORE MUKASINI; SOLANGE MUKEMANA, 

as lawful guardian ad litem of Minor Child U.G.; MARIE MUKARURANGWA,

Plaintiffs - Appellants,

v.

UNIVERSAL INSURANCE COMPANY; DOES I-XXX,

Defendants - Appellees, 

and

ALL POINT INSURANCE AGENCY; AUTO CLUB COMPANY OF FLORIDA; 

PAUL ROBERT HOPKINS,

Defendants.

Appeal from the United States District Court for the Western District of North Carolina, at 

Charlotte. Robert J. Conrad, Jr., District Judge. (3:19-cv-00136-RJC-DSC)

Submitted: February 18, 2021 Decided: February 22, 2021

Before NIEMEYER, KING, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.
2

Brigitte Kiza, Nyirangorore Mukasini, Solange Mukemana, Marie Mukarurangwa,

Appellants Pro Se. Stephanie W. Anderson, SUE & ANDERSON, LLP, Greensboro, 

North Carolina, for Appellees. 

Unpublished opinions are not binding precedent in this circuit.
3

PER CURIAM:

Brigitte Kiza, Nyirangorore Mukasini, Solange Mukemana—as guardian ad litem 

for U.G., and Marie Mukarurangwa seek to appeal the district court’s order accepting the 

recommendation of the magistrate judge, denying their motion to amend, dismissing their 

claims against Universal Insurance Company, and ordering them to show cause why their 

claims against All Point Insurance Agency should not be dismissed.*

 This court may 

exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and 

collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan 

Corp., 337 U.S. 541, 545-46 (1949). The order Kiza, Mukasini, Mukemana, and 

Mukarurangwa seek to appeal is neither a final order nor an appealable interlocutory or 

collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense 

with oral argument because the facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the decisional process.

DISMISSED

* The Plaintiffs entered a stipulation of dismissal of their claims against the other 

two named Defendants, Auto Club Company of Florida and Paul Robert Hopkins.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 1 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
S. J. RES. 1

    Proposing an amendment to the Constitution of the United States 
relative to limiting the number of terms that a Member of Congress may 
                                 serve.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 6, 2015

 Mr. Vitter (for himself, Mr. Johnson, Mr. Toomey, Mr. Lee, Mr. Rubio, 
    Mr. Cruz, Mrs. Fischer, Mr. Sasse, Mr. Perdue, and Mr. Daines) 
  introduced the following joint resolution; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
    Proposing an amendment to the Constitution of the United States 
relative to limiting the number of terms that a Member of Congress may 
                                 serve.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled (two-thirds of each House 
concurring therein), That the following article is proposed as an 
amendment to the Constitution of the United States, which shall be 
valid to all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States 
within seven years after the date of its submission by the Congress:

                              ``Article--

    ``Section 1. No person who has served 3 terms as a Representative 
shall be eligible for election to the House of Representatives. For 
purposes of this section, the election of a person to fill a vacancy in 
the House of Representatives shall be included as 1 term in determining 
the number of terms that such person has served as a Representative if 
the person fills the vacancy for more than 1 year.
    ``Section 2. No person who has served 2 terms as a Senator shall be 
eligible for election or appointment to the Senate. For purposes of 
this section, the election or appointment of a person to fill a vacancy 
in the Senate shall be included as 1 term in determining the number of 
terms that such person has served as a Senator if the person fills the 
vacancy for more than 3 years.
    ``Section 3. No term beginning before the date of the ratification 
of this article shall be taken into account in determining eligibility 
for election or appointment under this article.''.
                                 <all>
```
CIRCUIT COURT OF FAIRFAX COUNTY

#### Commonwealth of Virginia v. Patterson

November 6, 2002

Case No. (Criminal) 102149

By Judge M. Langhorne Keith

At the conclusion of yesterday’s bench trial the Court found the Defendant, Mr. Patterson guilty of petit larceny and took the charge of assault and battery under advisement.

As the Commonwealth failed to prove a battery, Mr. Bunn argued that assault was not a lesser included offense of assault and battery on which Mr. Patterson had been indicted. Mr. Bunn further argued that the evidence warranted a finding of not guilty by virtue of self-defense.

In order for an offense to be a lesser offense, the greater offense must invariably also be the commission of the lesser offense. *Kauffmann v. Commonwealth,*8 Va. App. 400, 409, 382 S.E.2d 279 (1989). In the instant case, the elements of assault and battery would include the elements of simple assault and the Court finds that assault is a lesser included offense of assault and battery. Va. Code Ann. § 19.2-285; S. Ct. Rule 3A:17(c); J. Costello, *Virginia Criminal Law and Procedure,*chap. 30, app. at p. 358 (1995).

An employee such as Mr. Ali who has probable cause to believe that a person has shoplifted may detain such person for a period not to exceed one hour pending arrival of a law-enforcement officer. Va. Code. Ann. § 18.2-105.1. Mr. Ali testified that he observed Mr. Patterson cut open a Zip Drive package and conceal its contents. Mr. Patterson admitted that he did this. There is no dispute that Mr. Ali is an employee of Micro Center. There is a dispute as to whether Mr. Ali identified himself to Mr. Patterson when Mr. Ali *313attempted to detain Patterson outside the Micro Center store. I find that Mr. Ali did identify himself and, therefore, the detention of Mr. Patterson was lawful. Thus Mr. Patterson did not have the right to use reasonable force to resist his detention. Moreover the use of a knife was not the use of reasonable force. Finally, I find that Mr. Patterson did not have a reasonable apprehension of bodily harm at the hands of Mr. Ali. Mr. Patterson knew he had shoplifted and was detained as he left the store. Under the circumstances, a reasonable person would have known why he was being detained and would not have feared bodily harm.

While, under the common law, one may use reasonable force in resisting an unlawful arrest, *see, Banner*v. Commonwealth, 204 Va. 640, 646-47, 133 S.E.2d 305 (1963); *Brown v.*Commonwealth, 27 Va. App. 111, 497 S.E.2d 527 (1998), this doctrine has not been extended to detentions. The recent case of *Commonwealth*v. *Hill,*264 Va. 541, 570 S.E.2d 805 (2002), expressly rejects such an extension. Therefore, even if I accept Mr. Patterson’s testimony that Mr. Ali did not identify himself and such failure rendered the detention of Mr. Patterson unlawful, Mr. Patterson did not have the legal right to resist his detention.

For the above reasons, I find Mr. Patterson guilty of simple assault and petit larceny. Sentencing will be on Friday, November 22,2002, at 10:00 a.m., unless my law clerk is notified that this is an inconvenient date.
EXHIBIT 32.2





STATEMENT OF PRINCIPAL FINANCIAL AND ACCOUNTING OFFICER


OF HAMPSHIRE GROUP, LIMITED.


PURSUANT TO 18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


§ 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of Hampshire Group, Limited (the “Company”) on Form 10-Q for the period ended April 2, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned Timothy L. Walsh, Interim Chief Financial Officer of the Company, certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to his 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 Company.





/s/ Timothy L. WalshTimothy L. WalshInterim Chief Financial OfficerHampshire Group, LimitedMay 12, 2011
[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Page 42363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18991]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Node.js Foundation

    Notice is hereby given that, on August 14, 2017, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Node.js Foundation 
(``Node.js Foundation'') has filed written notifications simultaneously 
with the Attorney General and the Federal Trade Commission disclosing 
changes in its membership. The notifications were filed for the purpose 
of extending the Act's provisions limiting the recovery of antitrust 
plaintiffs to actual damages under specified circumstances. 
Specifically, BitRock, Inc. d/b/a Bitnami, San Francisco, CA, has been 
added as a party to this venture.
    Also, Sphinx Co. Ltd., Hanoi, VIETNAM, has withdrawn as a party to 
this venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and Node.js Foundation intends to file 
additional written notifications disclosing all changes in membership.
    On August 17, 2015, Node.js Foundation filed its original 
notification pursuant to Section 6(a) of the Act. The Department of 
Justice published a notice in the Federal Register pursuant to Section 
6(b) of the Act on September 28, 2015 (80 FR 58297).
    The last notification was filed with the Department on May 26, 
2017. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on June 20, 2017 (82 FR 28092).

Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2017-18991 Filed 9-6-17; 8:45 am]
 BILLING CODE P
[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Notices]
[Pages 42543-42544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19058]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF661


North Pacific Fishery Management Council; Notice of Public 
Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public meetings of the North Pacific Fishery 
Management Council Ecosystem Committee.

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

SUMMARY: The North Pacific Fishery Management Council (Council) 
Ecosystem Committee will meet in Seatte, WA. The meeting will be 
available via web delivery and

[[Page 42544]]

teleconference. Web URL and teleconference line will be provided on the 
meeting agenda.

DATES: The meeting will be held on September 22, 2017, from 9 a.m. to 5 
p.m., Pacific Time (PST).

ADDRESSES: The meeting will be held at the Alaska Fisheries Science 
Center, 7600 Sand Point Way NE., Seattle, WA, USA.
    Council address: North Pacific Fishery Management Council, 605 W. 
4th Ave., Suite 306, Anchorage, AK 99501-2252.

FOR FURTHER INFORMATION CONTACT: Steve MacLean, Council staff, phone: 
(907) 271-2809.

SUPPLEMENTARY INFORMATION: The purpose of the Ecosystem Committee 
meeting is to review the draft Bering Sea Fishery Ecosystem Plan being 
developed by Council committee. Resources will be available on the 
Council's Ecosystem Committee Web page at https://www.npfmc.org/committees/ecosystem-committee/.

Special Accommodations

    The meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Shannon Gleason at (907) 271-2809 at least 7 
working days prior to the meeting date.

    Dated: September 5, 2017.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-19058 Filed 9-7-17; 8:45 am]
 BILLING CODE 3510-22-P
EXHIBIT 99.1

                            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 Guardian International, Inc. (the
"Company") on Form 10-QSB for the period ending September 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Harold Ginsburg, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.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/ Harold Ginsburg
-----------------------
Harold Ginsburg
Chief Executive Officer
November 13, 2002



The foregoing certificate is provided solely for purposes of complying with
Section 906 of the Sarbanes-Oxley Act of 2002 and for no other purpose
whatsoever. Notwithstanding anything to the contrary set forth herein or in any
of the Company's previous filings under the Securities Act of 1933, as amended,
or the Securities and Exchange Act of 1934, as amended, that might incorporate
the Company's future filings, including this Quarterly Report on Form 10-Q, in
whole or in part, this certificate shall not be incorporated by reference into
any such filings.
#### Gale-Lawrence WEBB, Plaintiff-Appellant, v. CITIMORTGAGE INCORPORATED, named as: CitiMortgage Inc.; et al., Defendants-Appellees.

No. 11-16902.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 19, 2012.*

Filed Jan. 3, 2013.

Gale-Lawrence Webb, Tempe, AZ, pro se.

Sara Virgene Marie Ransom, Ballard Spahr LLP, Paul Dana Cardón, Esquire, David Winthrop Cowles, Leonard McDonald, Jr., Tiffany & Bosco, PA, Phoenix, AZ, for Defendants-Appellees.

Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Gale-Lawrence Webb appeals pro se from the district court’s judgment dismissing his action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. *King v. California,*784 F.2d 910, 912 (9th Cir.1986). We affirm.

The district court properly dismissed Webb’s Truth in Lending Act claim seeking damages as time-barred because the action was not filed within one year of the alleged violations. *See*15 U.S.C. § 1640(e) (an action for damages must be brought within one year of the alleged violation).

The district court properly dismissed Webb’s state law claims against the Bosco defendants because Webb failed to allege facts showing that these defendants breached any obligation under the deed of trust or Arizona law. *See*Ariz.Rev.Stat. § 33-807(E) (stating that a “trustee is entitled to be immediately dismissed” from any action other than one “pertaining to a breach of the trustee’s obligation”).

The district court properly dismissed Webb’s state law claims against CitiMortgage Inc. based on the substitution of trustee. *See Vasquez v. Saxon Mortg., Inc., (In re Vasquez),*228 Ariz.357, 266 P.3d 1053,1056-57 (2011) (concluding that there is no requirement that the beneficiary under a deed of trust record that deed prior to substituting a new trustee and beginning foreclosure proceedings).

Webb’s contentions concerning securiti-zation, a federal land patent, and defen*540dants’ standing to pursue non-judicial foreclosure are unpersuasive.

The district court properly denied Webb’s motion to remand because the district court had federal question jurisdiction and Webb failed to raise any other defects in the removal in a timely manner. *See*28 U.S.C. § 1441(a) (allowing removal of a civil action alleging a claim arising under federal law); 28 U.S.C. § 1447(c) (“A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal.... ”); *Ramirez v. Fox Television Station, Inc.,*998 F.2d 743, 747 (9th Cir.1993) (setting forth standard of review).

AFFIRMED.

**

**This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.