alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 23

- 10710 Summary Calendar

**____________ United States of America,**  Plaintiff

— Appellee **,**

versus **Jason Wade Grant,** Defendant

— Appellant

**.**

**______________________________** Appeal from the United States District Court for the Northern District of Texas USDC No. 5:22

- CR

- 105

- 11

**___________________ ___________**  Before **Higginbotham, Stewart** , and **Southwick** , Circuit Judges

. **Per Curiam :**  *****
The attorney appointed to represent Jason Wade Grant 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). Grant has filed a response. The record is not sufficiently developed to allo w us to make a fair evaluation of Grant ’s claims of ineffective assistance of

**_____________________**

* This opinion is not designated for publication. See **5th Cir**

**. R** 

**.** 47.5. United States Court of Appeals Fifth Circuit 

### FILED March 5, 2024 Lyle W. Cayce Clerk Case: 23-10710 Document: 42-1 Page: 1 Date Filed: 03/05/2024No. 23

- 10710

2 counsel; we therefore decline to consider the claims w ithout prejudice to collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Grant ’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is **GRANTED** , couns el is excused from further responsibilities herein, and the appeal is **DISMISSED**

. See **5th Cir. R**

. 42.2. Case: 23-10710 Document: 42-1 Page: 2 Date Filed: 03/05/2024
Exhibit 32.2 Certification  Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002

                            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 Quick-Med  Technologies,  Inc. ("the
Company") on Form 10-QSB for the period ended March 31, 2005,  as filed with the
Securities and Exchange Commission on the date hereof ("the Report"),  I, Nam H.
Nguyen, Chief Financial Officer,  hereby certify,  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 results of operations
            of the Company.

Dated: May 16, 2005


/s/ Nam H. Nguyen
-----------------------------------------
Nam H. Nguyen
Chief Financial Officer
**EXHIBIT
31.1**
 
 **SECTION
302 CERTIFICATION FOR FORM 10-K**
 **CERTIFICATIONS**
 
 I, Todd
M. Raba, certify that:
 
 1.
    I
      have reviewed this annual report on Form 10-K of MidAmerican Energy
      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 officers 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 we have: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 report is being
      prepared;b)
    Evaluated
      the effectiveness of the registrant’s disclosure controls and procedures
      and presented in this report our conclusions about the effectiveness of
      the disclosure controls and procedures, as of the end of the period
      covered by this report based on such evaluation; andc)
    Disclosed
      in this report any change in the registrant’s internal control over
      financial reporting that occurred during the registrant’s most recent
      fiscal quarter that has materially affected, or is reasonably likely to
      materially affect, the registrant’s internal control over financial
      reporting; and5.
    The
      registrant’s other certifying officers and I have disclosed, based on our
      most recent evaluation of internal control over financial reporting, to
      the registrant’s auditors and the audit committee of registrant’s board of
      directors (or persons performing the equivalent
  function):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.Date:
      February 28, 2005/s/ Todd M. RabaTodd
      M. RabaPresident(chief
      executive officer)
# U n i ted S ta te s Cou r t o f Appe a l s F OR T HE D IS TRICT OF C OLUM BIA C IRCUI T

___ ___ ___ ___ 

## No. 21-5077 September Term, 2020 1: 21-cv -002 03-UNA Filed O n: July 7, 20 21 Fernan do Font ane z ,

App ellant
v . Fede ral Bure au of

Investigation, App ellee
ON A PPE A L FROM THE UNITED STA TES DIS TRICT COURT FOR THE DISTRICT OF COLUMBIA BEFORE: W ilkins and Rao, Circuit Jud ges, an d S ent elle, S enio r Circuit Judge J U D G M E N T T his ap pea l was co nside red o n th e reco rd f rom the United Sta tes District Cou rt for th e District of

Colum bia a nd on the brief f iled b y ap pellan t. S ee Fed. R. Ap p. P

. 34(a )(2); D.C. Cir. Rule 34 (j). Upon consid eratio n o f the foregoing, th e m otion to app oint coun sel, a nd the m otion to expedite ruling on the m otion to app oint coun sel, it is ORDERED tha t th e m otion to app oint coun sel be de nied an d th e m otion to expedite be dism issed a s m oot . In civ il cases, app ellant s are noten titled to app ointm entof

cou nsel when the y

ha ve n ot d em onst rated suf f icient likeliho od of success on the m erits. I t is FURTHER ORDERED A ND ADJUDGED tha t th e d istrict court’s o rders f iled Februa ry 12 , 20 21, an d March 4, 2 021 be af f irmed . T he district cou rt prop erly dism issed t he com plaintas f rivolou s. S ee 28 U.S.C. § 19 15(e )(2)(B); Neitz ke v. W illiams, 4 90 U.S. 3 19, 32 5 (19 89) (explaining th at a com plaintis f rivolou s “w here it lacks an arguab le ba sis eithe r in law or in fact”). A ppe llant h as n ot sh own any abu se o f discretion in th e d istrict court’s d enia l of recon siderat ion. Se e Firesto ne v . Fireston e, 76 F.3d 12 05, 12 08 (D.C. Cir. 1996 ) (per curiam ). Ad dition ally , ap pellan t ha s no t shown tha t th e d istrict court e rred in d enying him le ave to f ile an am end ed com plaint

. See United Sta tes e x

rel. T otte n v. Bom bard ier Corp., 380 F.3d 48 8, 4 97 (D.C. Cir. 200 4) (argume nts n ot ra ised o n a ppe al are forfeited ); Hettin ga v . Unite d S tate s, 677 F.3d 47 1, 4 80 (D.C. Cir. 2012 ) (per curiam ) (“A district cou rt ma y de ny a m otion to

# U n i ted S ta te s Cou r t o f Appe a l s F OR T HE D IS TRICT OF C OLUM BIA C IRCUI T

___ ___ ___ ___ 

## No. 21-5077 September Term, 2020

am end a co mp laint a s f utile if the prop osed claim would no t survive a m otion to dism iss.”). Beca use app ellantha s sho w n n o b asis for th e reque sted relief , his re quest for an injun ction and com pen sation un der t he Fede ral T ort Claim s Act, 28 U.S.C. § 2 679 , is de nied

. Pursua nt t o D.C. Circuit Ru le 36 , th is dispo sition will no t be pu blished . T he Clerk is directe d to w ithho ld issua nce of the m and ate he rein u ntil seven d ays af ter reso lution of an y tim ely petition for rehe aring or pe tition for rehe aring en ban c. S ee Fed. R. Ap p. P. 4 1(b); D.C. Cir. Rule 41

. Per Curiam
FOR THE COURT: Mark J. La nger, Clerk BY: /s/ Daniel J. Reidy Depu ty Cl erk

Page 2
Exhibit 31.1
SECTION 302 CERTIFICATION

I, Douglas K. Beplate, certify that:

1. I have reviewed this quarterly report of Emergency Filtration Products,
Inc.;

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 small
business issuer as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officer 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 small business
issuer and have:
 (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 small business issuer,
including its consolidated subsidiaries, is made known to us by others within
those entities, particularly during the period in which this report is being
prepared;
 (b) evaluated the effectiveness of the small business issuer's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and
 (c) disclosed in this report any change in the small business issuer's
internal control over financial reporting that occurred during the small
business issuer's most recent fiscal quarter (the small business issuer's
fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the small business
issuer's internal control over financial reporting; and

5. The small business issuer's other certifying officer and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer's board of directors (or persons performing the
equivalent functions):
 (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 small business issuer's ability to record,
process, summarize and report financial information; and
 (b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuer's internal
control over financial reporting.

Date: August 12, 2005

/s/Douglas K. Beplate
Douglas K. Beplate, Principal Executive Officer
# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _
Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A2 1 E0 02 6 . KATHY D. COOTE v . OMAR COOTE.

Th e A p p el l an t i n t h e ab o v e-s t y l ed cas e h as fi l ed a Co u rt Ru l e 40 (b ) em erg en cy

m o t i o n en t i t l ed M o t i o n Fo r Ex t en s i o n Of T i m e T o Fi l e Di s cret i o n ary Ap pl i cat i o n

. Pu rs u an t t o OCGA s ec. 5 -3 -3 9 (a)(5 ) an d (c), s ai d m o t i o n i s h ereb y DENIED.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia C le r k ’ s O f f i c e , A t la n t a ,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r ti fy t h a t t h e a b o v e i s a t r u e e x t r a c t f r o m

t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i t n e s s m y s i g n a t u r e a n d th e s e a l o

f s a i d c o u r t
h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. 

## January 11, 2021

01/11/2021
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED AUGUST 28, 2013

NO. 03-10-00555-CV

In re Estate of Ruby Greer Wallace, Deceased

APPEAL FROM PROBATE COURT NO. 1 OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE JONES, JUSTICES GOODWIN AND FIELD

AFFIRMED -- OPINION BY JUSTICE GOODWIN

THIS CAUSE came on to be heard on the record of the court below, and the same being 

considered, it is the opinion of this Court that there was no error in the trial court’s judgment: IT 

IS THEREFORE considered, adjudged and ordered that the judgment of the trial court is in all 

things affirmed. It is FURTHER ordered that the appellants Carole Ann Wallace and 

Dennis Arthur Wallace Jr. pay all costs relating to this appeal, both in this Court and the court 

below; and that this decision be certified below for observance.
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<p>OFFICE OF THE ATTORNEY GENERAL OF TEXAS 
</p>
<p>AUSTIN </p>
<p></p>
</div>
<div class="page"><p></p>
<div class="ocr">Roncrable Frank De Gilmn « page £

ion that tho safer ami better rales would be to require «
bond cf such employee, conditioned for the faithful per-
forpance and diachbarse cf all the duties required of hin

ander the employment, and, Curther, that he will aceount
for, and properly pay cver, all money, and will deliver
ali property coming inte his hands in virtue of each ene

For the purpesce of your Board, we disapprove
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subsitted by you is sore nearly in keeping with cur scg-

For your convenience we hare ninhered

Buclomure

|
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COMMITTEZ |

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\ CHAIRMAN
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#### GRAND ACADIAN, INCORPORATED, Plaintiff, v. FLUOR ENTERPRISES, INCORPORATED, Defendant-Cross-Defendant-Appellee, v. Dexter J. Honore; Dexter Honore Construction Company, Limited Liability Corporation, Defendants-Cross-Claimants-Appellants.

No. 10-30371

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 12, 2011.

William Lee Melancon, Esq., Melancon & Associates, L.L.C., Lafayette, LA, for Defendants-Cross-Claimants-Appellants.

Brandon Kelly Black, Jones Walker, Margaret Lynn Tooke, Taylor, Porter, *479Brooks & Phillips, L.L.P., Baton Rouge, LA, Karen Daniel Ancelet, Esq., Onebane Law Firm, Lafayette, LA, Richard John Tyler, Jones Walker, L.L.P., New Orleans, LA, for Defendant-Cross-Defendant-Ap-pellee.

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.

PER CURIAM: *

Defendants-Appellants Dexter J. Hon-oré and Dexter Honoré Construction Company (DXHC) appeal from the district court’s entry of summary judgment that dismissed their claims against Cross-Defendant-Appellee Fluor Enterprises, Inc. (Fluor). Although plaintiff Grand Acadi-an’s main demand in the underlying case was settled and dismissed, the parties agree that at least the following claims are still pending in the district court: (1) Fluor’s cross-claim against DXHC for contractual indemnity; (2) Fluor’s third party claims for defense and indemnity against The Gray Insurance Company (Gray) and United National Insurance Company (United National); and (3) DXHC’s third party claim for defense and indemnity against United National. Absent Rule 54(b) certification in a multiparty suit, an order of “summary judgment adjudicating the claims of fewer than all the parties is not a final appealable judgment within the meaning of 28 U.S.C. § 1291.” *Melancon v. Ins. Co. of N. Am.,*476 F.2d 594, 595 (5th Cir.1973).

We therefore dismiss the appeal for lack of jurisdiction. If the trial court enters a new judgment and accompanies it with a proper Rule 54(b) certificate, the second appeal may be submitted on the record and briefs prepared for this appeal as supplemented by the new judgment and certificate. *Id.*

DISMISSED.

*

 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.
<PAGE>

                                                                    Exhibit 99.1

                         TELETOUCH COMMUNICATIONS, INC.

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

                                 August 28, 2002

         The undersigned Robert M. McMurrey duly appointed and incumbent officer
of TELETOUCH COMMUNICATIONS, INC., a Delaware corporation (the "Corporation"),
in connection with the Corporation's Annual Report on Form 10-K for the Fiscal
Year ended May 31, 2002, as filed with the Securities and Exchange Commission on
the date hereof (the "Report"), does hereby represent, warrant and certify
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, as amended, that to
the best of his knowledge:

         1. The Report is in full compliance with reporting requirements of
         Section 13(a) of the Securities Exchange Act of 1934, as amended; and

         2. The information contained in the Report fairly presents, in all
         material respects, the financial condition and results of operation of
         the Corporation.

/s/ Robert M. McMurrey
----------------------

Robert M. McMurrey
Chairman of the Board
August 28, 2002
# Fourth Court of Appeals

**San Antonio, Texas**

May 30, 2014

No. 04

- 14

- 00376

- CR

IN RE John Newton ALLEN

Original Mandamus Proceeding 1

ORDER

Sitting: Sandee Bryan Marion, Justice

Marialyn Barnard, Justice

Luz Elena D. Chapa, Justice

On May 27, 2014, relator filed a pro se petition for writ of mandamus. The court has

determined that it lacks jurisdiction to consider relator’s petition. Accordingly, relator’s petition

is DISMISSED FOR LACK OF JURISDICTION. See T EX

. R. A PP

. P . 52.8(a). The court’s

opinion will issue at a later date.

It is so ORDERED on May 30 th , 2014.

_____________________________ Sandee Bryan Marion, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 30 th day of May, 2014

.

_____________________________ Keith E. Hottle

Clerk of Court

1 This proceeding arises out of Cause No. 9630, styled The State of Texas v. John Newton Allen , pending in the 2nd

District Court, Cherokee County, Texas, the Honorable Dwight L. Phifer presiding.
Exhibit 32



Certification Pursuant to 18 U.S.C. Section 1350



In connection with the Quarterly Report on Form 10-Q of eUniverse, Inc. (the Company) for the quarter ended June 30, 2003 as filed with the SEC on or about
the date hereof (the Report), Brad G. Greenspan, as Chief Executive Officer of the Company, and Thomas J. Flahie, as Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge that:



| | (1) | The Report fully complies with the requirements of Section 13(a) 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



A signed original of this written statement has been provided to the Company and will be
retained by the Company and furnished to the SEC or its staff upon request.



|Date: October 7, 2003 |  | /s/ Brad G. Greenspan                                                          
|--------------------- |  | -------------------------------------------------------------------------------
|                      |  | Brad G. Greenspan                                                              
|                      |  | Chairman of the Board and Chief Executive Officer (Principal Executive Officer)
|                      | 
|Date: October 7, 2003 |  | /s/ Thomas J. Flahie                                                           
|                      |  | Thomas J. Flahie                                                               
|                      |  | Chief Financial Officer                                                        
|                      |  | (Principal Financial Officer)