alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. PD-1358-15

NO. PD-1359-15

NO. PD-1360-15

NO. PD-1361-15

_____________________________________ 

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

_____________________________________ 

APPEAL FROM THE FOURTEENTH COURT OF APPEALS OF TEXAS 

NO. 14-14-00307-CR

NO. 14-14-00308-CR

NO. 14-14-00309-CR

NO. 14-14-00310-CR

_____________________________________ 

Eric Lynn Baumgart 

Appellant 

VERSUS

The State of Texas 

Appellee 

_____________________________________ 

APPELLANT’S MOTION FOR LEAVE TO FILE A

REPLY TO STATE’S MERIT BRIEF

_____________________________________ 

Michael D. Gillespie

SBOT # 07926500

Gillespie Law Firm

226 Sheldon Road

Channelview, Texas 77530

Tel. 281-457-9999

Fax. 281-457-0990

PD-1358-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 6/6/2016 11:24:24 AM

Accepted 6/6/2016 11:39:16 AM

ABEL ACOSTA

CLERK
- 2 -

TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:

INTO COURT COMES, ERIC LYNN BAUMGART, the appellant, who 

files this motion, through the attorney designated herein, and in support of said 

motion would respectfully show the court as follows:

On May 23, 2016 the prosecution-appellee filed its merit brief in this case 

and it raised arguments that warrant a reply. The appellant’s reply, filed 

contemporaneously with this motion, addresses important issues created in the 

appellee’s merit brief.

Wherefore, premises considered, the appellant requests the court to grant 

this motion and to allow the appellant to file his reply.

Respectfully submitted by:

Michael D. Gillespie

SBOT # 07926500

Attorney for:

Eric Lynn Baumgart

Appellant
- 3 -

CERTIFICATE OF COMPLIANCE

Pursuant to Rule 9.4(i)(3) of the Texas Rules of Appellate Procedure, it is 

certified that this document contains 98 words for included sections as defined 

under Rule 9.4(i)(1) and that it is compliant with Rule 9.4(i)(3)(D). 

CERTIFICATE OF SERVICE

Pursuant to Rule 9.5(d) of the Texas Rules of Appellate Procedure, it is 

certified that a true copy of these papers were served on the following parties:

State Prosecuting Attorney

Via: Email to lisa.mcminn@spa.texas.gov

Harris County District Attorney

Via: Email to curry_alan@dao.hctx.net

Email to mccrory_daniel@dao.hctx.net

Andrew M. Bayley

Attorney for Amici Curiae

Via: Email to andrew@bayleylawfirm.com

William S. Marks

Amicus Curiae pro se

Via: Email to wsmarks385@yahoo.com

Texas Attorney General 

General Litigation Division

Via: Email to const_claims@texasattorneygeneral.gov

Certified by:

Michael D. Gillespie

SBOT # 07926500
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                                          0001088789
<NAME>                                         Archer Systems Limited, Inc.
<MULTIPLIER>                                   1

<S>                                            <C>
<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                              APR-30-2000
<PERIOD-START>                                 MAY-01-1999
<PERIOD-END>                                   JUL-31-1999
<CASH>                                         145
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               145
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 145
<CURRENT-LIABILITIES>                          22,189
<BONDS>                                        7500
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     (29,789)
<TOTAL-LIABILITY-AND-EQUITY>                   145
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               9,989
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (9,989)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (9,989)
<EPS-BASIC>                                  (0.00)
<EPS-DILUTED>                                  (0.00)



</TABLE>
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.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-4330-DR; Docket ID FEMA-2017-0001]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Vermont (FEMA-4330-DR), dated August 16 2017, and related determinations.

# DATES:

The amendment was issued on September 21, 2017.

# FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

# SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, James N. Russo, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.

This action terminates the appointment of Mark H. Landry as Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2017-21118 Filed 9-29-17; 8:45 am]

 BILLING CODE 9111-23-P
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000059440
<NAME> BROOKE GROUP, LTD.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           4,754
<SECURITIES>                                         0
<RECEIVABLES>                                   10,462
<ALLOWANCES>                                         0
<INVENTORY>                                     39,312
<CURRENT-ASSETS>                                67,366
<PP&E>                                          45,775
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 128,916
<CURRENT-LIABILITIES>                          160,675
<BONDS>                                        400,635
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (513,115)
<TOTAL-LIABILITY-AND-EQUITY>                   128,916
<SALES>                                        389,615
<TOTAL-REVENUES>                               389,615
<CGS>                                          202,121
<TOTAL-COSTS>                                  202,121
<OTHER-EXPENSES>                                27,035
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              65,581
<INCOME-PRETAX>                                (53,665)
<INCOME-TAX>                                     1,135
<INCOME-CONTINUING>                            (54,800)
<DISCONTINUED>                                   1,925
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (52,875)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
---

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 Teda Technologies
  International Inc. (the Company) on Form 10-QSB for the period ending
  March 31, 2003, as filed with the Securities and Exchange Commission on the
  date hereof (the Report), I, Zhou Jun, 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:

| | (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/ Zhou JunZhou Jun Chief Executive Officer
  August 1, 2003



---
#### Woodrow FLEMMING, Plaintiff-Appellant, v. State of NEW YORK, et al., Defendants-Appellees.

No. 10-2928-pr.

United States Court of Appeals, Second Circuit.

April 29, 2011.

Woodrow Flemming, Malone, NY, pro se.

Present: ROBERT D. SACK, PETER W. HALL, DEBRA ANN LIVINGSTON, Circuit Judges.

SUMMARY ORDER

Appellant Woodrow Flemming, *pro se,*appeals the district court’s (Hurd, *J.)*post-judgment order denying his motion to vacate the underlying judgment, in which the court had *sua sponte*dismissed his second amended complaint asserting claims against the State of New York and numerous individual state correctional officials and employees.1 We assume the parties’ *43familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

In a civil case, Federal Rule of Appellate Procedure 4(a)(1) and 28 U.S.C. § 2107 require an appellant to file a notice of appeal within 30 days of the entry of the judgment or order being appealed unless the United States or an officer or agency thereof is a party, in which case a 60-day filing period applies. The United States Supreme Court has made “clear that the timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” *Bowles v. Russell,*551 U.S. 205, 214, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007). Therefore, this Court is “obliged to examine the question *sua sponte.” Travelers Ins. Co. v. Carpenter,*411 F.3d 323, 328 (2d Cir.2005). District courts, not the courts of appeals, have the authority to extend the time for filing an appeal, if certain statutory conditions are met. *See*28 U.S.C. § 2107(c); Fed. R.App. P. 4(a)(5)-(6); *see also*Fed. R.App. P. 26(b)(1) (providing that “the court [of appeals] may not extend the time to file ... a notice of appeal (except as authorized in Rule 4)”). A notice of appeal by a prisoner appealing *pro se*is deemed filed the moment he or she delivers it to prison officials to be transmitted to the court. *See Houston v. Lack,*487 U.S. 266, 270-71, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988); Fed. R.App. P. 4(c)(1).

In this case, because the challenged order was entered on May 24, 2010, Flem-ming had until Wednesday, June 23, 2010 to file a timely notice of appeal. *See*Fed. R.App. P. 4(a)(1)(A). Although there is no indication in the record that Flemming filed a document that he himself labeled as a notice of appeal, we may construe Flem-ming’s motion to vacate, which he dated June 24, 2010 and sent to this Court, as a notice of appeal. However, even if the construed notice of appeal is deemed filed on Thursday, June 24, 2010 pursuant to the prison mailbox rule under *Houston,*it was still untimely. Accordingly, because the notice of appeal was untimely filed, this appeal must be, and therefore is, DISMISSED for lack of appellate jurisdiction.

1

. The Appellees were not served in the proceedings below, and have not appeared in the instant appeal.
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Page 49200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22987]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Advisory Panel on Streamlining and Codifying Acquisition 
Regulations

AGENCY: Office of the Under Secretary of Defense (Acquisition, 
Technology, and Logistics), DoD.

ACTION: Notice of Advisory Panel.

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

SUMMARY: The Department of Defense is publishing this notice to 
encourage feedback for the Section 809 Advisory Panel on Streamlining 
and Codifying Acquisition Regulations (hereafter ``the Panel''). The 
Panel meets on a monthly basis and will provide a final report to the 
Secretary of Defense and Congress in 2019. The agendas, meeting times, 
and contact information are posted on the Panel Web site: http://www.section809panel.org. Public feedback can be submitted in the 
``Contact Us'' section of the Web site as either general comments or 
specific recommendations.

FOR FURTHER INFORMATION CONTACT: Shayne L. Martin, Section 809 Panel, 
1400 Key Blvd., Suite 210, Arlington, VA 22209, email: 
<a href="/cdn-cgi/l/email-protection#86f5eee7ffe8e3a8ebe7f4f2efe8c6e2e7f3a8ebefea"><span class="__cf_email__" data-cfemail="a1d2c9c0d8cfc48fccc0d3d5c8cfe1c5c0d48fccc8cd">[email protected]</span></a>, phone: 703-571-2989.

SUPPLEMENTARY INFORMATION: Section 809 of the National Defense 
Authorization Act for Fiscal Year 2016 (Pub. L. 114-92) required the 
Secretary of Defense to establish ``an advisory panel on streamlining 
acquisition regulations.'' The Panel was seated on August 12, 2016. By 
Statute, the Panel is exempt from the Federal Advisory Committee Act (5 
U.S.C. Appendix). Public information, including opportunities for 
input, is posted and periodically updated at http://www.section809panel.org.

    Dated: October 18, 2017.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2017-22987 Filed 10-23-17; 8:45 am]
 BILLING CODE 5001-06-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Presidential Documents

Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Presidential Documents 49085 

Presidential Determination No. 2017–14 of September 30, 2017 

Presidential Determination With Respect to the Child Soldiers Prevention Act of 2008 

Memorandum for the Secretary of State 

Pursuant to section 404 of the Child Soldiers Prevention Act of 2008 (22 

U.S.C. 2370c–1) (CSPA), I hereby determine as follows: 

It is in the national interest of the United States to waive the application 

of the prohibition in section 404(a) of the CSPA with respect to Mali and 

Nigeria; to waive the application of the prohibition in section 404(a) of 

the CSPA with respect to the Democratic Republic of the Congo to allow 

for provision of Peacekeeping Operations (PKO) assistance, to the extent 

the CSPA would restrict such assistance or support; to waive the application 

of the prohibition in section 404(a) of the CSPA with respect to Somalia 

to allow for the provision of International Military Education and Training 

assistance, PKO assistance, and support provided pursuant to 10 U.S.C. 

333, to the extent the CSPA would restrict such assistance or support; 

and to waive the application of the prohibition in section 404(a) of the 

CSPA with respect to South Sudan to allow for PKO assistance, to the 

extent the CSPA would restrict such assistance or support. Accordingly, 

I hereby waive such applications of section 404(a) of the CSPA. 

You are authorized and directed to submit this determination to the Congress, 

along with the Memorandum of Justification, and to publish the determination in the Federal Register. 

THE WHITE HOUSE, 

Washington, September 30, 2017 

[FR Doc. 2017–23145 

Filed 10–20–17; 11:15 am] 

Billing code 4710–10–P 


ethrower on DSK3G9T082PROD with PRES DOCSTrump.EPS</GPH>
* 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

January 8, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-20352

Summary Calendar

MIKE LEAL GUERRERO,

Plaintiff-Appellant,

versus

MELANIE POTTER; DR. LARRY LARGENT;

NOORALLAN MACKWANI; DR. NAIK KOKILA,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:06-CV-881

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

Before JOLLY, DENNIS, and CLEMENT, Circuit Judges

PER CURIAM:*

Mike Leal Guerrero, Texas prisoner # 567945, appeals the

district court’s dismissal of his 42 U.S.C. § 1983 complaint, in

which he raised claims of deliberate indifference to his serious

medical needs. The district court dismissed the complaint

pursuant to 28 U.S.C. § 1915(e)(2)(B) as frivolous and for

failure to state a claim upon which relief could be granted. The

district court determined that Guerrero’s complaint was barred by
No. 06-20352

-2-

the applicable limitations period and, alternatively, that

Guerrero was not entitled to relief on the merits of his claim.

Guerrero’s civil rights complaint was not filed within two

years of the date that he learned of his injury. Owens v. Okure,

488 U.S. 235, 249-50 (1989); Piotrowski v. City of Houston, 51

F.3d 512, 516 (5th Cir. 1995); TEX. CIV. PRAC. AND REM. CODE

§ 16.003(a). His previous complaint challenging the actions of

the defendants was dismissed voluntarily pursuant to Guerrero’s

motion and thus did not toll the limitations period. See Burge

v. Parish of St. Tammany, 996 F.2d 786, 787 (5th Cir. 1993);

Guaranty County Mut. Ins. Co. v. Reyna, 700 S.W.2d 325, 327 (Tex.

App. 1985).

Guerrero’s appeal is without arguable merit and is

frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.

1983). Because the appeal is frivolous, it is dismissed. See

5TH CIR. R. 42.2. Guerrero is cautioned that the dismissal of

this appeal as frivolous, and the district court’s dismissal of

his complaint as frivolous, count as strikes under 28 U.S.C.

§ 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th

Cir. 1996). He is cautioned that if he accumulates three strikes

under § 1915(g), he will not be able to proceed in forma pauperis

(IFP) in any civil action or appeal filed while he is

incarcerated or detained in any facility unless he is under

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

APPEAL DISMISSED; SANCTION WARNING ISSUED.
EXHIBIT
32.2





OFFICER’S
CERTIFICATION


PURSUANT
TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002


(18
U.S.C. 1350)





In
connection with the Annual Report on Form 10-K of TELETOUCH COMMUNICATIONS, INC.
(the “Company”) for the fiscal year ended May 31, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the
“Report”),  the undersigned, Douglas E. Sloan, Chief Financial Officer
of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, that, to
the best of his knowledge:





1.
            The
      Report is in full compliance 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 operation of the
      Company.





/s/ Douglas E. SloanDouglas
      E. SloanChief
      Financial OfficerAugust
      30, 2010