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

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A19D0345. TIM SUNDY v. FRIENDSHIP PAVILION ACQUISITION

COMPANY, LLC.

This case began as a dispossessory proceeding in magistrate court. After

defendant Mediterranean Dining Group, Inc. asserted a counterclaimfor damages,the

action was transferred to the superior court. At some point, Tim Sundy and David

Sundy were added as defendants.

1

 On December 3, 2018, the superior court issued

a “Final Judgment” awarding the plaintiff $394,617.47 in unpaid lease obligations

and interest against all three defendants. On January 2, 2019, defendant Tim Sundy,

proceeding pro se, filed this application for discretionary appeal, seeking appellate

review of the December 3 order.2 We lack jurisdiction.

An application for discretionary review generally may be filed within 30 days

of entry of the order sought to be appealed. See OCGA § 5-6-35 (d). The underlying

subject matter of an appeal, however, controls over the relief sought in determining

the proper appellate procedure. Radio Sandy Springs, Inc. v. Allen Road Joint

Venture, 311 Ga. App. 334, 335 (715 SE2d 752) (2011). Under OCGA § 44-7-56,

1

It appears that additional counterclaim defendants also were added to this

action before entry of the order on appeal in this application. The status of those

parties is unclear on the current record.

2 Tim Sundy initially filed this application in the Supreme Court, which

transferred the matter to this Court. As the only defendant who signed the

application, Tim Sundy is the sole applicant because, as a non-attorney, he may not

file an appeal on behalf of other parties. See Aniebue v. Jaguar Credit Corp., 308 Ga.

App. 1, 1, n. 1 (708 SE2d 4) (2011).

March 15, 2019
appeals in dispossessory actions must be filed within 7 days of the date the judgment

was entered. See Ray M. Wright, Inc. v. Jones, 239 Ga. App. 521, 522-523 (521 SE2d

456) (1999). Pretermitting whether the December 3 order is a final order that

disposed of all pending issues in this case, Tim Sundy’s application is untimely, as

it was filed 30 days after entry of the superior court order he seeks to appeal.

Consequently, this untimely application for discretionary review is hereby

DISMISSED for lack of jurisdiction.

3

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

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.

3 To the extent that Tim Sundy also seeks permission to appeal a “Case

Disposition Form” entered on December 6, 2018, or any prior orders entered in this

action, his application likewise is untimely, pretermitting whether an appeal otherwise

would lie from any such filings. See OCGA § 44-7-56; Radio Sandy Springs, Inc.,

311 Ga. App. at 335-336.

03/15/2019
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6766

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus KENNY MONTANA HOLTON, a/k/a K.G., Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Malcolm J. Howard, District Judge. (CR-98-9; CA-03-91-4-H) Submitted: September 16, 2004 Decided: September 22, 2004 Before LUTTIG, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Kenny Montana Holton, Appellant Pro Se. Jane J. Jackson, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* After submitting his informal brief, Holton filed a motion for leave to amend his pending application for a certificate of appealability asking this court to consider his case in light of the Supreme Court’s recent decision in Blakely v. Washington , 124 S. Ct. 2531 (2004). We deny Holton’s motion. Blakelyhas not been held by the Supreme Court to apply retroactively to cases on collateral review. See Tyler v. Cain , 533 U.S. 656, 662 (2001); In re Dean , 375 F.3d 1287, 1290 (11th Cir. 2004) (holding that Blakely is not retroactively applicable to cases on collateral review). - 2 - PER CURIAM: Kenny Montana Holton, a federal prisoner, seeks to appeal the district court’s order denying relief on his motion filed under 28 U.S.C. § 2255 (2000). The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell , 537 U.S. 322, 336- 38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Holton has not made the requisite showing. * Accordingly, we deny a certificate of appealability and di smiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately- 3 - presented in the materials before the court and argument would not aid the decisional process. DISMISSED
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**Exhibit 32.1**

**Certificationof CEO and CFO Pursuant to18 U.S.C. Section 1350,as Adopted Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002**

In connection with the Quarterly Report onForm 10-Q of Cherokee International Corporation (the “Company”) for thequarterly period ended July 1, 2007, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), Jeffrey M. Frank, as President,Chief Executive Officer, and Director of the Company, and Linster W. Fox, asExecutive Vice President, Chief Financial Officer, and Secretary of theCompany, each hereby certifies, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that,to the best of his knowledge:

1.  The Report fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Act of 1934; and

2.  The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.
|        |   | /s/ JEFFREY M. FRANK                                   |   |   |
|--------|--------|--------------------------------------------------------|--------|--------|
| Name:  |   | Jeffrey M. Frank                                       |   |   |
| Title: |   | President, Chief Executive Officer  and  Director |   |   |
|   |   | (Principal Executive Officer)                          |   |   |
|   |   |                                                   |   |   |
| Date:  |   | August 14, 2007                                        |   |   |
|   |   |                                                   |   |   |
|   |   | /s/ LINSTER W. FOX                                     |   |   |
| Name:  |   | Linster W. Fox                                         |   |   |
| Title: |   | Executive Vice President,                              |   |   |
|   |   | Chief Financial Officer and Secretary                  |   |   |
|   |   | (Principal Financial and Accounting Officer)           |   |   |
|   |   |                                                   |   |   |
| Date:  |   | August 14, 2007                                   |   |   |

A signed original of this written statement requiredby Section 906 of the Sarbanes-Oxley Act of 2002 has been provided toCherokee International Corporation and will be retained by CherokeeInternational Corporation and furnished to the Securities and ExchangeCommission or its staff upon request.

 

----
ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeals of -- ) 

) 

Industrial Power Systems, Inc. ) 

) 

Under Contract No. N69450-14-C-1255 ) 

APPEARANCES FOR THE APPELLANT: 

APPEARANCES FOR THE GOVERNMENT: 

ASBCA Nos. 61239, 61240 

Thomas 0. Crist, Esq. 

Jonathon J. Korinko, Esq. 

Benesch, Friedlander, Coplan & Aronoff LLP 

Cleveland, OH 

Craig D. Jensen, Esq. 

Navy Chief Trial Attorney 

Robert R. Kiepura, Esq. 

Senior Trial Attorney 

ORDER OF DISMISSAL 

The dispute has been settled. The appeals are dismissed with prejudice. 

Dated: 2 May 2018 

I certify that the foregoing is a true copy of the Order of Dismissal of the Armed 

Services Board of Contract Appeals in ASBCA Nos. 61239, 61240, Appeals of Industrial 

Power Systems, Inc., rendered in conformance with the Board's Charter. 

Dated: 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals
**ANNUAL
      STATEMENT OF COMPLIANCE**





**Bear
      Stearns Assets Backed Securities I Trust 2006-HE3**





**2006**











The
      undersigned, an authorized officer of LaSalle Bank National Association
      (“LBNA”), hereby certifies as follows:





1.  I
      have
      made, or caused to be made under my supervision, a review of the master
      servicing activities of LBNA during the preceding calendar year ending 2006,
      and
      its performance under the Pooling and Servicing Agreement dated March 1, 2006
      (the “Agreement”) for Bear Stearns Asset-Backed Securities I Trust, Series
      2006-HE3.





2.  To
      the
      best of my knowledge, based on such review, LBNA has, without exception,
      fulfilled all of its obligations under the Agreement in all material respects
      throughout the preceding calendar year ending 2006.





In
      witness whereof, I the undersigned have executed this Annual Statement of
      Compliance on this 7 th day of
      March, 2007.








LaSalle
      Bank National Association, as Master Servicer







By:  /s/
      Andrew
      Leszczynski




Name:
      Andrew Leszczynski


Title:
      First Vice President











Addressees:
 
 Bear
        Stearns Asset Backed Securities I LLC
 383
        Madison Avenue
 New
        York,
        New York 10179
 Attn:
        Chief Counsel
 regabnotifications@bear.com
 
 LaSalle
        Bank National Association, as Securities Administrator
 135
        South
        LaSalle Street, Suite 1625
 Chicago,
        IL 60603
 (312)
        904-2344
 Attn:
        GSTS - BSABS 2006-HE3
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 Annual Report of Brain Tree International, Inc. (the “Company”) on Form 10-K for the period ending June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, George I. Norman, III, Principal Accounting Officer and Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 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/   George I. Norman, III





George I. Norman, III


Principal Accounting Officer


Principal Financial Officer


September 28, 2010











A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement 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.  The foregoing certifications are accompanying the Company's Form 10-K solely pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code) and is not being filed as part of the Form 10-K or as a separate disclosure document.
**Chang
      G. Park, CPA, Ph. D.**


**t** **371 E STREET** **t** **CHULA VISTA** **t** **CALIFORNIA 91910-2615** **t**


**t** **TELEPHONE (858)722-5953** **t** **FAX (858) 408-2695** **t** **FAX (858) 764-5480**


**t** **E-MAIL** **changgpark@gmail.com** **** **t**











May
        21,
        2007
 
 
 
 
 ***To
        Whom It May Concern:***
 
 
 The
        firm
        of Chang G. Park, CPA consents to the inclusion of our report of April 28,
        2007
        on the audited financial statements of PTM Publications Incorporated as of
 February
        28, 2007 in any filings that are necessry now or in the near future wiht
        the U.S
        Securities and Exchange Commission.
  
 Very
        truly yours,
 
 **/s/
        Chang G. Park**
 ____________________
 CHANG
        G.
        PARK, CPA
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3419 Enrolled Bill (ENR)]

        H.R.3419

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty-two

                                 An Act

 
To designate the facility of the United States Postal Service located at 
66 Meserole Avenue in Brooklyn, New York, as the ``Joseph R. Lentol Post 
                                Office''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. JOSEPH R. LENTOL POST OFFICE.
    (a) Designation.--The facility of the United States Postal Service 
located at 66 Meserole Avenue in Brooklyn, New York, shall be known and 
designated as the ``Joseph R. Lentol Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Joseph R. 
Lentol Post Office''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
EXHIBIT 32

                                   CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                      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 Mendocino Partners, Inc.
(the  "Company)  on Form 10-QSB for the quarter ended December 31,  2003,  Jehu
Hand hereby certifies,  pursuant to 18 U.S.C.  Section 1350, as adopted
pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002, that to the best of
his knowledge:

            (1)   The quarterly  report fully complies with the  requirements of
                  Section 13(a) of the Securities Exchange Act of 1934; and

            (2)   The  information  contained  in the  quarterly  report  fairly
                  presents,  in all material respects,  the financial  condition
                  and results of operations of the Company.

/s/ Jehu Hand

Jehu Hand
Chief Executive Officer and
Chief Financial Officer
(principal executive and financial officer
September 1, 2004





<PAGE>
#### In re Henry Earl MILLER, Petitioner.

No. 08-1433.

United States Court of Appeals, Fourth Circuit.

Submitted: May 14, 2008.

Decided: June 3, 2008.

Henry Earl Miller, Petitioner Pro Se.

Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Henry Earl Miller petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his motion to correct the presentence investigation report. He seeks an order from this court directing the district court to act. Our review of the district court docket sheet reveals that the district court recently denied Miller’s motion. *See United States v. Miller,*No. 6:04-cr-00022-HFF-3 (D.S.C. May 2, 2008). Accordingly, in light of the *200district court’s action, we deny Miller’s mandamus petition and amended petition as moot. We grant leave to proceed in forma pauperis. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*PETITION DENIED.*
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###### Department of Justice

###### Parole Commission

          - [(Public Law 94-409) (5 U.S.C. Sec. 552b)]

I, Edward F. Reilly, Jr., Chairman of the United States Parole Commission, was present at a meeting of said Commission which started at approximately 11 a.m. on Thursday, December 6, 2001; at the U.S. Parole Commission, 5550 Friendship Boulevard, 4th Floor, Chevy Chase, Maryland 20815. The purpose of the meeting was to decide one appeal from the National Commissioners' decisions pursuant to 28 CFR section 2.27 and the Approval of the Hearing Examiner Appointment. Three Commissioners were present, constituting a quorum when the vote to close the meeting was submitted.

Public announcement further describing the subject matter of the meeting and certifications of General Counsel that this meeting may be closed by vote of the Commissioners present were submitted to the Commissioners prior to the conduct of any other business. Upon motion duly made, seconded, and carried, the following Commissioners voted that the meeting be closed: Edward F. Reilly, Jr., Michael J. Gaines, and John R. Simpson.

*In Witness Whereof,*                     I make this official record of the vote taken to close this meeting and authorize this record to be made available to the public.                

Dated: December 6, 2001.

Edward F. Reilly, Jr.,

Chairman, U.S. Parole Commission.

[FR Doc. 01-30881  Filed 12-11-01; 10:40 am]

BILLING CODE 4410-01-M