alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 13

- 00356

- CR

Daniel CASAS

, Appellant

v.

The STATE of Texas,

Appellee

From the 379th Judicial District Court, Bexar County, Texas

Trial Court No. 2011CR8563

Honorable Ron Rangel, Judge Presiding

BEFORE CHIEF JUSTICE STONE

, JUSTICE MARION , AND JUSTICE MARTINEZ

In accordance with this court’s opinion of this date, the trial court’s judgment is

AFFIRMED.

SIGNED April 2, 2014.

_____________________________ Sandee Bryan Marion, Justice
#### Greg P. GIVENS, Plaintiff-Appellant, v. Scott R. SMITH, individually and collectively; Keith C. Gamble, individually and collectively; Stephen M. Fowler, individually and collectively; D. Luke Furbee, individually and collectively; Officer S.A. Zimmerman, individually and collectively; Officer D.L. Robinson, individually and collectively; County Of Ohio, West Virginia, individually and collectively; Honorable *217James P. Mazzone, individually and collectively; Honorable Arthur M. Recht, individually and collectively; Honorable Ronald E. Wilson, individually and collectively; Kenneth W. Blake, individually and collectively; Julie L. Kreefer, individually and collectively; Toni Vancamp, individually and collectively; The State Journal, individually and collectively; Susan Hamrick, individually and collectively, Defendants-Appellees, and J.C. WEAVER, Movant.

No. 13-1841.

United States Court of Appeals, Fourth Circuit.

Submitted: Nov. 21, 2013.

Decided: Nov. 25, 2013.

Greg P. Givens, Appellant Pro Se. Diane G. Senakievich, David Lee Wyant, Bailey *&*Wyant, PLLC, 'Wheeling, West Virginia; Kenneth Louis Hopper, Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Morgan-town, West Virginia; Deva A. Solomon, Monte Lee Williams, Steptoe & Johnson, LLP, Morgantown, West Virginia; John Michael Hedges, Teresa Jean Lyons, Hedges Lyons & Shepherd, Morgantown, West Virginia; Kevin A. Nelson, Huddleston *&*Bolen, LLP, Charleston, West Virginia; Robert Gregory McDermott, McDermott & Bonenberger, PLLC, ■Wheeling, West Virginia, for Appellees.

Before KING, DUNCAN, and DIAZ, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Greg P. Givens seeks to appeal the district court’s order adopting the report and recommendation of the magistrate judge and granting in part and denying in part Defendants’ motion to dismiss, and imposing a prefiling injunction. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed.R.Civ.P. 54(b); *Cohen v. Beneficial Indus. Loan Corp.,*337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Givens seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal for lack of jurisdiction. We deny Givens’ motions to strike and for appointment of counsel. 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.*
#### Rudy VALLADO, Plaintiff-Appellant v. Avrian L. MENDEZ, Physician Assistant, Defendant-Appellee.

No. 12-40537

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 19, 2013.

Rudy Vallado, Rosharon, TX, pro se.

Patrick Todd Pope, Assistant Attorney General, Office of the Attorney General, Austin, TX, for Defendant-Appellee.

Before WIENER, ELROD, and GRAVES, Circuit Judges.

PER CURIAM: *

Plaintiff-Appellant Rudy Vallado, Texas prisoner # 1631597, appeals the summary-judgment dismissal of his 42 U.S.C. § 1983*397suit in which he alleged that Defendants Appellee Avrian L. Mendez acted with deliberate indifference to Vallado’s medical needs when treating him for a reducible right inguinal hernia. The magistrate judge determined that Mendez was entitled to qualified immunity.

On appeal, Vallado contends that Mendez’s prescribed treatments constituted inadequate medical care because he did not issue Vallado a medical pass. Vallado does not establish that Mendez (1) was aware of facts demonstrating a substantial risk of serious harm to Vallado and (2) disregarded the risk by failing to take reasonable measures to treat Vallado. *See Farmer v. Brennan,*511 U.S. 825, 847, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). The record demonstrates that Vallado was repeatedly monitored, evaluated, and treated for his hernia. Vallado’s assertion that he received inadequate medical care is essentially a disagreement with the medical treatment he received or a claim that Mendez was negligent. Neither such a disagreement nor a negligence claim rises to the level of a constitutional violation. *See Varnado v. Lynaugh,*920 F.2d 320, 321 (5th Cir.1991). Vallado has failed to show “conduct that would clearly evince a wanton disregard for any serious medical needs.” *See Johnson v. Treen,*759 F.2d 1236, 1238 (5th Cir.1985). Additionally, to the extent Vallado alleges that Mendez violated prison policies, these allegations, without more, do not establish a constitutional violation. *See Samford v. Dretke,*562 F.3d 674, 681 (5th Cir.2009).

Finally, Vallado’s appeal fails to challenge the dismissal of his claims against Mendez, Assistant Warden Davis (Davis), and Grievance Director Mrs. Segovia (Segovia) in their official capacities or the dismissal of his claims against Davis and Segovia in their individual capacities. By failing to identify any error regarding the dismissal of these claims, it is as though Vallado had not appealed those issues at all. *See Brinkmann v. Dallas County Deputy Sheriff Abner,*813 F.2d 744, 748 (5th Cir.1987). Vallado has thus abandoned on appeal any contentions that the dismissal of these claims was reversible error.

AFFIRMED.

*

 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.
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EXHIBIT 32.1

                            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 SFBC International, Inc. (the
"Company") on Form 10-Q for the period ending June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I Arnold
Hantman, 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
to my 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/ Arnold Hantman
                                                         ------------------
                                                         Chief Executive Officer

Date:  August  14, 2003

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
Exhibit 31.1

                            CERTIFICATION PURSUANT TO
                       18 U.S.C. SECTION 1350, AS ADOPTED
                         PURSUANT TO SECTION 302 OF THE
                           SARBANES-OXLEY ACT OF 2002

I, Michael Magno certify that:

         1. I have reviewed this quarterly report on Form 10-QSB of TrimFast
Group, Inc.;

         2. Based on my knowledge, this quarterly 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
quarterly report;

         3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
aspects the financial condition, results of operations and cash flows of the
registrant as of, and for, the period presented in this quarterly report.

         4. Both myself and the chief financial officer are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

                  a) designed such disclosure controls and procedures 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 as of a date within 90 days prior to the filing of this
quarterly report (the "Evaluation Date"); and

                  c) presented in this quarterly report our conclusions about
the effectiveness of the disclosure controls and procedures based on our
evaluation as of the Evaluation Date;

         5. Based on our most recent evaluation:

                  a) all significant deficiencies in the design or operation of
internal controls which could adversely affect the registrant's ability to
record, process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

                  b) any fraud, whether or not material, that involves
management or other employees who have a significant role in the registrant's
internal controls; and

         6. We have indicated in this quarterly report whether or not there were
significant changes in internal controls and in other factors that could
significantly affect internal controls subsequent to the date of our most recent
evaluation, including any corrective actions with regard to significant
deficiencies and material weaknesses.

<PAGE>


Date: March 12, 2004


/s/ Michael Magno
-------------------------------------------------
Michael Magno, president, chief executive officer
TrimFast Group, Inc.
**Exhibit 31.2**

** **

**WAMU ASSET ACCEPTANCE CORP.**

** **

**RESTATED OFFICER’S CERTIFICATE**

 

I, Thomas G. Lehmann, 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 theperiod covered by this report on Form 10–K of Washington Mutual Asset-Backed Certificates, WMABS Series 2006-HE1 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 ofa  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 Form10–D for the period covered by this report is included in the Exchange Act periodic reports;

 

4.         Based on my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation AB,and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreement(s) in all material respects; and

 

5.         All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their relatedattestation 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 anexhibit 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 parties:  LaSalle BankNational Association.

Date:  As of March 15,2007

|   |   | /s/Thomas G. Lehmann                                                                         |
|--------|--------|----------------------------------------------------------------------------------------------|
|   |   | Name:  ThomasG. Lehmann                                                                 |
|   |   | Title:   President and Senior Officer in Charge of Securitization of the Depositor |
#### In the Matter of Domenick Crispino, a Suspended Attorney.

[668 NYS2d 91]

—Motion granted, and the unpublished order of this Court entered on October 16, 1997 (M-4194), recalled and vacated, without prejudice to renewal of an application for an interim suspension upon proper service, and respondent is reinstated as an attorney and counselor-at-law in the State of New York nunc pro tunc to October 16, 1997. No opinion. Concur—Sullivan, J. P., Nardelli, Williams, Tom and Colabella, JJ.
**Exhibit 12.1****Computation of Earnings to Fixed Charges Ratio**                       **Years Ended December 31,**   **2007**  **2006**  **2005**  **2004**  **2003** **Net loss**                    Net loss before income taxes $(26,576) $(8,305) $(15,191) $(16,154) $(15,091)Fixed charges  668   4,356   5,586   5,061   847                 Total  (25,908)  (3,949)  (9,605)  (11,093)  (14,244)                                     **Fixed Charges**                    Interestexpense on indebtedness and amortization of deferredfinancing costs $199  $4,013  $5,311  $4,784  $565 Interest component of rentals (1)  469   343   275   277   282                 Total  668   4,356   5,586   5,061   847                                      **Deficiency of earnings availableto cover fixed charges** $(26,576) $(8,305) $(15,191) $(16,154) $(15,091)                 (1) Represents the estimated portion of operating lease rental expense that isconsidered by us to be representative of interest. 
111
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

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 filing of the Quarterly Report on Form 10-Q for the Quarter Ended March 31, 2010 (the Report) by National Coal Corp. (Registrant), each of the undersigned hereby certifies 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 Registrant.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |  |  |                                                       
|------------------ |  |  |  | ------------------------------------------------------
|Date: May 17, 2010 |  |  |  | /s/    Daniel A. Roling                               
|                   |  |  |  | Daniel A. Roling President
and Chief Executive Officer
|                   |  | 
|Date: May 17, 2010 |  |  |  | /s/    Les H. Wagner                                  
|                   |  |  |  | Les H. Wagner Acting Chief
Financial Officer
<TABLE> <S> <C>




<ARTICLE>                              5
<MULTIPLIER>                           1


<S>                                                              <C>
<PERIOD-TYPE>                                                          3-MOS
<FISCAL-YEAR-END>                                                DEC-31-1999
<PERIOD-START>                                                   JUL-01-1999
<PERIOD-END>                                                     SEP-30-1999
<CASH>                                                            18,670,000
<SECURITIES>                                                       5,173,000
<RECEIVABLES>                                                              0
<ALLOWANCES>                                                               0
<INVENTORY>                                                                0
<CURRENT-ASSETS>                                                  24,330,000
<PP&E>                                                            49,317,000
<DEPRECIATION>                                                             0
<TOTAL-ASSETS>                                                    77,060,000
<CURRENT-LIABILITIES>                                              8,019,000
<BONDS>                                                           45,000,000
<PREFERRED-MANDATORY>                                                      0
<PREFERRED>                                                                0
<COMMON>                                                               1,000
<OTHER-SE>                                                                 0
<TOTAL-LIABILITY-AND-EQUITY>                                      77,060,000
<SALES>                                                                    0
<TOTAL-REVENUES>                                                           0
<CGS>                                                                      0
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<OTHER-EXPENSES>                                                           0
<LOSS-PROVISION>                                                           0
<INTEREST-EXPENSE>                                                   191,000
<INCOME-PRETAX>                                                     (311,000)
<INCOME-TAX>                                                        (109,000)
<INCOME-CONTINUING>                                                        0
<DISCONTINUED>                                                             0
<EXTRAORDINARY>                                                            0
<CHANGES>                                                                  0
<NET-INCOME>                                                        (202,000)
<EPS-BASIC>                                                           (202)
<EPS-DILUTED>                                                           (202)



</TABLE>
Exhibit 32.1

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 this Annual Report on Form 10-K of CTC Media, Inc. (the "Company") for the period ended
December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, Anton Kudryashov, Chief Executive Officer of the Company, hereby
certifies, pursuant to 18 U.S.C. Section 1350, that:

Date: March 1, 2010


By:

/s/ ANTON KUDRYASHOV Anton Kudryashov Chief Executive Officer
(Principal Executive Officer)


---



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 Big Cat Energy
Corporation (the "Company") on Form 10-Q for the period end of January 31, 2009 as filed with
the Securities and Exchange Commission on the date here of (the "report"), I,
Richard G. Stifel, Chief
Financial 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 this Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.





Dated this 12th day of March,
2009.





RICHARD G. STIFELRichard
      G. StifelChief
      Financial Officer
Exhibit 32.2

Written Statement of the Chief Executive and Acting Chief Financial Officer Pursuant to 18 U.S.C.  1350



Solely for the purposes of complying with 18 U.S.C. 1350, I, the undersigned Principal Executive Officer  of Legacy Wine & Spirits International, Ltd. (the "Company"),  hereby certify, based on  my  knowledge,  that  the Quarterly Report on Form 10-Q of the Company  for  the  quarter ended June 30, 2008  (the "Report") fully complies  with  the requirements of Section 13(a) of the Securities Exchange Act  of 1934  and that information contained in the Report fairly presents,  in all material respects, the financial condition  and results of operations of the Company.



Date: November 14, 2008

/s/Jaclyn Cruz

Jaclyn Cruz

Chief Financial Officer