alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

EX PARTE : VICTOR REYES

. § § § § § § No. 08

- 1 9

- 00 050

- C R

Appeal from the
210 th District Court of

o f El Paso C ounty, Texas (TC# 2006 0D0 4136

- 210

- 01 )

MEMORANDUM OPINION Victor Reyes is attempting to appeal the trial court’s denial of h is application for writ of habeas corpus. Finding that Appellant did not timely file h is notice of appeal, we dismiss the appeal for lack of jurisdiction. A timely notice of appeal is necessary to invoke this Court’s jurisdiction. Olivo v. State , 918 S.W.2d 519, 522 (Tex.Crim.App . 1996). In a criminal case, a defendant’s notice of appeal is due within thirty days after the sentence is imposed in open court or the trial court enters an appealable order. See T EX .R.A PP .P. 26.2(a)(1). The trial court’s order denying Appellant’s wri t application filed pursuant to Article 11.072 is an appealable order. See T EX .C ODE C RIM .P ROC .A NN
. art. 11.072, § 8; Ex p arte Delgado , 214 S.W.3d 56, 58 (Tex.App.

-- El Paso 2006, pet. ref’d).
The trial court signed the order denying the writ application on December 18 , 2018.- 2

-

Although Appellant filed a motion for new trial , it did not extend the time for filing the notice of appeal. See Ex parte Delgado , 214 S.W.3d at 58 (holding that in appeal from order denying habeas corpus petition, motion for new tria l does not extend deadline for filing notice of appeal). Consequently, the notice of appeal was due to be filed no later than January 17, 2019

. Although Appellant filed his notice of appeal on February 1, 2019, which is within fifteen days of the filing deadline, he did not file an extension motion. See T EX .R.A PP .P. 26.3 ( a court of appeals may extend the time to file the notice of appeal if, within 15 days after the deadline for filing the notice of appeal, the party files in the trial court the notice of appeal, and files in the appellate court a motion complying with Rule 10.5(b) )

. In the absence of a timely filed notice of appeal, a court of appeals does not have jurisdiction to address the merits of the appeal in a criminal case and can take no action other than to dismiss the appeal for want of jurisdiction. See Slaton v. State , 981 S.W.2d 208, 210 (Tex.Crim.App. 1998). Accordingly, we dismiss the appeal for l ack of jurisdiction. GINA M. PALAFOX, Justice February 27, 2019 Before McClure, C.J., Rodriguez, and Palafox, JJ. (Do Not Publish)
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 Foundry Networks, Inc. (the Company) on Form 10-Q for the period ended March 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Bobby R. Johnson Jr., 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 results of operations of the Company.

| | /s/ BOBBY R. JOHNSON,   Jr.                                     | 
| | --------------------------------------------------------------- | 
| |                                                                 | 
| | Bobby R.   Johnson, Jr.   Chief Executive Officer and President | 
| |                                                                 | 
| | May 10, 2004                                                    |
Consent of Hubert Schimann
 
 I consent to the inclusion in this annual report on Form 40-F of New Gold Inc., which is being filed with the United States Securities and Exchange Commission, of references to my name in connection with mineral reserve estimates for the Mesquite Mine, Cerro San Pedro Mine and El Morro Project, included in the Annual Information Form of New Gold Inc. for the financial year ended December 31, 2010, and I consent to the incorporation by reference of such information in the registration statement on Form S-8 (File No. 333-160500) of New Gold Inc.
 
 
 Dated this 31st day of March, 2011
 
 
 /s/ Hubert SchimannName:
Hubert SchimannTitle:
P. Eng., and Corporate Mining Engineerof New Gold Inc.
#### James H. BURKS, IV, Plaintiff-Appellant, v. YELLOW TRANSPORTATION, INC., Defendant-Appellee.

No. 07-4037.

United States Court of Appeals, Sixth Circuit.

May 15, 2008.

Before: KENNEDY and MARTIN, Circuit Judges; HOOD, District Judge.*

*

 The Honorable Joseph M. Hood, United States District Judge for the Eastern District of Kentucky, sitting by designation.

PER CURIAM.

Mr. James H. Burks, IV appeals the district court’s July 2, 2007, 2007 WL 1974872, decision denying its motion for sanctions against Yellow Transportation, Inc. Mr. Burks asserts that the district court abused its discretion by refusing to sanction Yellow Transportation for including a misleading and inaccurate statement of law, and a few misleading statements of fact in its reply brief filed in support of its motion for summary judgment.

The district court’s opinion carefully analyzed the purported inaccurate and misleading statements in Yellow Transportation’s brief and concluded that, while Yellow Transportation’s counsel should “take better care in the future to avoid [ ] overstatements,” the complained-of statements were sufficiently supported by evidence and not significantly misleading. We have carefully read the district court’s opinion, the applicable law, and the parties’ briefs, and we find that it was not an abuse of discretion to deny the plaintiff *473sanctions against the defendant. We therefore AFFIRM the district court’s denial of sanctions for the reasons stated in the district court’s opinion.
{"version":"1.0","provider_name":"Federal Mediation and Conciliation Service","provider_url":"https:\/\/www.fmcs.gov","title":"FMCS Issues Joint Statement on Behalf of Barton Healthcare System and the California Nurses Association - Federal Mediation and Conciliation Service","type":"rich","width":600,"height":338,"html":"<blockquote class=\"wp-embedded-content\" data-secret=\"t6HYhZcFw4\"><a href=\"https:\/\/www.fmcs.gov\/fmcs-issues-joint-statement-on-behalf-of-barton-healthcare-system-and-the-california-nurses-association\/\">FMCS Issues Joint Statement on Behalf of Barton Healthcare System and the California Nurses Association<\/a><\/blockquote><iframe sandbox=\"allow-scripts\" security=\"restricted\" src=\"https:\/\/www.fmcs.gov\/fmcs-issues-joint-statement-on-behalf-of-barton-healthcare-system-and-the-california-nurses-association\/embed\/#?secret=t6HYhZcFw4\" width=\"600\" height=\"338\" title=\"“FMCS Issues Joint Statement on Behalf of Barton Healthcare System and the California Nurses Association” — Federal Mediation and Conciliation Service\" data-secret=\"t6HYhZcFw4\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\" class=\"wp-embedded-content\"><\/iframe><script type=\"text\/javascript\">\n\/* <![CDATA[ *\/\n\/*! This file is auto-generated *\/\n!function(d,l){\"use strict\";l.querySelector&&d.addEventListener&&\"undefined\"!=typeof URL&&(d.wp=d.wp||{},d.wp.receiveEmbedMessage||(d.wp.receiveEmbedMessage=function(e){var t=e.data;if((t||t.secret||t.message||t.value)&&!\/[^a-zA-Z0-9]\/.test(t.secret)){for(var s,r,n,a=l.querySelectorAll('iframe[data-secret=\"'+t.secret+'\"]'),o=l.querySelectorAll('blockquote[data-secret=\"'+t.secret+'\"]'),c=new RegExp(\"^https?:$\",\"i\"),i=0;i<o.length;i++)o[i].style.display=\"none\";for(i=0;i<a.length;i++)s=a[i],e.source===s.contentWindow&&(s.removeAttribute(\"style\"),\"height\"===t.message?(1e3<(r=parseInt(t.value,10))?r=1e3:~~r<200&&(r=200),s.height=r):\"link\"===t.message&&(r=new URL(s.getAttribute(\"src\")),n=new URL(t.value),c.test(n.protocol))&&n.host===r.host&&l.activeElement===s&&(d.top.location.href=t.value))}},d.addEventListener(\"message\",d.wp.receiveEmbedMessage,!1),l.addEventListener(\"DOMContentLoaded\",function(){for(var e,t,s=l.querySelectorAll(\"iframe.wp-embedded-content\"),r=0;r<s.length;r++)(t=(e=s[r]).getAttribute(\"data-secret\"))||(t=Math.random().toString(36).substring(2,12),e.src+=\"#?secret=\"+t,e.setAttribute(\"data-secret\",t)),e.contentWindow.postMessage({message:\"ready\",secret:t},\"*\")},!1)))}(window,document);\n\/* ]]> *\/\n<\/script>\n","description":"WASHINGTON, D.C. \u2014 On behalf of Barton Healthcare System (Barton Health) and the California Nurses Association (CNA), the U.S. Federal Mediation and Conciliation Service (FMCS) has issued the following statement: \u201cWith the assistance of FMCS, Barton Health and CNA collectively have agreed to work with FMCS in mediated labor negotiations towards a new collective bargaining […]"}
FMCS | 250 E Street SW, Washington, D.C. 20427 | 202-606-8100 | www.fmcs.gov 

NEWS RELEASE 

Monday, July 31, 2017 Contact: John Arnold 

For Immediate Release Director of Public Affairs

Website: www.fmcs.gov Phone: (202) 606-8100 

FMCS Applauds ILWU-PMA West Coast Ports Announcements 

WASHINGTON, D.C. – Federal Mediation and Conciliation Service (FMCS) Acting Director 

John Pinto today applauded the recent announcements regarding a three-year contract 

extension between the International Longshore and Warehouse Union (ILWU) and of the Pacific 

Maritime Association (PMA). When finalized on August 4, the extension will ensure stable labor 

relations among employers and the ILWU at all 29 U.S. West Coast ports to July 1, 2022. 

The FMCS Acting Director praised both labor and management representatives for 

taking early and decisive action to resolve their differences well ahead of the scheduled 

contract expiration in 2019. “Recognizing and addressing mutual issues of concern in advance 

of a contract deadline is always our recommendation where difficult and complex issues are 

involved,” Pinto said. “ ILWU President, Bob McEllrath, PMA Executive Director Jim McKenna, 

the members of their bargaining committees and the respective members of both organizations 

are to be commended for their success in utilizing the collective bargaining process to bring the 

hope of calm, stable, and continued economic progress to the West Coast ports and the U.S. 

economy. 

Pinto added, “This is almost a text book example of following the blueprint of FMCS best 

practices to a successful conclusion at the bargaining table.” The extended contract was based 

upon the one reached in February, 2015 following what were characterized as “volatile unionemployer relations.” 

Those talks, which led to a settlement that ultimately restored the ports to normal 

operations, were successfully mediated by FMCS Deputy Director Scot L Beckenbaugh. With 

their recent announcements, the ILWU and PMA have extended the main provisions of that 

contract, with wage, pension and health care amendments, until a July 1, 2022 expiration date. 

### 

The Federal Mediation and Conciliation Service, created in 1947, is an independent U.S. government agency whose 

mission is to preserve and promote labor-management peace and cooperation. Headquartered in Washington, DC, 

with 10 regional offices and more than 60 field offices, the agency provides mediation and conflict resolution 

services to industry, government agencies and communities.
I 

117TH CONGRESS 

1ST SESSION H. R. 3275 

To amend the Internal Revenue Code of 1986 to suspend the tax on gasoline 

other than aviation gasoline. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2021 

Ms. HERRELL (for herself, Mr. STEUBE, Mrs. HARSHBARGER, Mr. GOSAR, 

Mr. LATURNER, and Mr. OWENS) introduced the following bill; which 

was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to suspend 

the tax on gasoline other than aviation gasoline. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pausing Unrelenting 

5 Markups on Petroleum Act of 2021’’ or as the ‘‘PUMP 

6 Act of 2021’’. 

7 SEC. 2. GAS TAX HOLIDAY. 

8 (a) IN GENERAL.—Section 4081(a)(2) of the Internal 

9 Revenue Code of 1986 is amended by adding at the end 

10 the following new subparagraph: 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 3275 IH

1 ‘‘(E) GAS TAX HOLIDAY.— 

2 ‘‘(i) IN GENERAL.—In the case of gas3 oline other than aviation gasoline which is 

4 removed and sold during the holiday pe5 riod— 

6 ‘‘(I) subparagraph (A)(i) shall be 

7 applied by substituting ‘zero cents’ for 

8 ‘18.3 cents’, and 

9 ‘‘(II) subparagraph (B) shall not 

10 apply. 

11 ‘‘(ii) HOLIDAY PERIOD.—For pur12 poses of this subparagraph, the term ‘holi13 day period’ means the period beginning on 

14 the date of the enactment of this Act and 

15 ending on the latest of— 

16 ‘‘(I) the first date after the date 

17 of the enactment of this Act on which 

18 the public health emergency declared 

19 for COVID–19 under section 319 of 

20 the Public Health Service Act (42 

21 U.S.C. 247d), including renewals 

22 thereof, is no longer in effect, 

23 ‘‘(II) the first date after the date 

24 of the enactment of this Act on which 

25 the public health emergencies declared 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 3275 IH

1 for COVID–19 by all States, including 

2 renewals thereof, are no longer in ef3 fect, and 

4 ‘‘(III) the date which is 180 days 

5 after the date of the enactment of this 

6 Act. 

7 ‘‘(iii) COORDINATION WITH TAX ON

8 ALTERNATIVE FUELS, ETC.—For purposes 

9 of this title, whether fuel is taxable under 

10 this subsection shall be determined without 

11 regard to this subparagraph.’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 this section shall apply to fuel removed and sold after the 

14 date of the enactment of this Act. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
75 A.3d 1279

#### Jimmy L. LINDSEY, Appellant v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, Appellee.

Supreme Court of Pennsylvania.

Sept. 25, 2013.

*188
      *ORDER*

PER CURIAM.

AND NOW, this 25th day of September, 2013, the Order of the Commonwealth Court is AFFIRMED and the Application for Leave to File a Reply Brief is DENIED as moot.
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 23

- 20576 Summary Calendar

**____________ Jonathan Ridgley,** 
Plaintiff

— Appellant **,**

versus
**Tammy Currie,**
Defendant

— Appellee

**.**

**______________________________** Appeal from the United States District Court for the Southern District of Texas USDC No. 4:23

- CV

- 2770

**______________________________** Before **Smith, Higginson,** and **Engelhardt,** Circuit Judges

**. Per Curiam**  **:** ***** Jonathan Ridgley, Texas prisoner # 2287725, filed a 42 U.S.C. § 1983 complaint against Tammy Currie, the District Court Clerk for San Jacinto County, Texas, alleging that she violated his due process rights by failing to notify counsel of his appointment t o represent Ridgley on direct appeal. T h e

**_____________________**

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

**. R** 

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

### FILED September 19, 2024 Lyle W. Cayce Clerk Case: 23-20576 Document: 36-1 Page: 1 Date Filed: 09/19/2024No. 23

- 20576

2 district court dismiss ed his complaint without prejudice for failure to state a claim pursuant to 28 U.S.C. 1915A(b)(1) , and Ridgley appealed.

District courts must dismiss a prisoner’s § 1983 complaint if it is frivolous or fails to state a claim upon which relief may be granted. Id

. Dismissals under § 1915A(b)(1) for failure to state a claim are reviewed de novo on appeal using the same standard applicable to dismissals pursuant to Federal Rule of Civil Procedure 12(b)(6). See Legate v. Livingston , 822 F.3d 207, 209

- 10 (5th Cir. 2016). Ridgley’s allegations amounted to a nothing more than a claim that Currie acted negligently by failing to notify counsel of his appointment, which does not rise to the level of a constitutional violation. See Alderson v. Concordia Par. Corr. Facility , 848 F.3d 415, 4 19

– 20 (5th Cir. 2017)

. Accordingly, the district court did not err in dismissing Ridgley’s complaint for failure to state a claim under § 1915A(b). See Legate , 822 F.3d at 209

- 10

. For the first time on appeal, Ridgley asserts that Currie’s failure to perform her duties constituted reckless disregard and callous indifference to his right to a direct appeal and that the district court should have awarded him punitive damages. We will not consider this new claim. See Leverette v. Louisville Ladder Co. , 183 F.3d 339, 342 (5th Cir. 1999)

. The district court ’ s dismissal of the complaint count s as a strike for purposes of 28 U.S.C. § 1915( g ). See Coleman v. Tollefson , 575 U.S. 532, 534

- 41 (2015)

. Ridgley is advised that if he accrues three strikes under § 1915(g), he will be unable to proceed in forma pauperis 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 id

. § 1915(g).

**AFFIRMED ; SANCTION WARNING ISSUED.**  Case: 23-20576 Document: 36-1 Page: 2 Date Filed: 09/19/2024
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```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3182 Enrolled Bill (ENR)]

        H.R.3182

                    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 provide that inclined sleepers for infants and crib bumpers shall be 
  considered banned hazardous products under section 8 of the Consumer 
               Product Safety Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Safe Sleep for Babies Act of 2021''.
SEC. 2. BANNING OF INCLINED SLEEPERS FOR INFANTS.
    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, inclined sleepers for infants, regardless of the 
date of manufacture, shall be considered a banned hazardous product 
under section 8 of the Consumer Product Safety Act (15 U.S.C. 2057).
    (b) Inclined Sleeper for Infants Defined.--In this section, the 
term ``inclined sleeper for infants'' means a product with an inclined 
sleep surface greater than ten degrees that is intended, marketed, or 
designed to provide sleeping accommodations for an infant up to 1 year 
old.
SEC. 3. BANNING OF CRIB BUMPERS.
    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, crib bumpers, regardless of the date of 
manufacture, shall be considered a banned hazardous product under 
section 8 of the Consumer Product Safety Act (15 U.S.C. 2057).
    (b) Crib Bumper Defined.--In this section, the term ``crib 
bumper''--
        (1) means any material that is intended to cover the sides of a 
    crib to prevent injury to any crib occupant from impacts against 
    the side of a crib or to prevent partial or complete access to any 
    openings in the sides of a crib to prevent a crib occupant from 
    getting any part of the body entrapped in any opening;
        (2) includes a padded crib bumper, a supported and unsupported 
    vinyl bumper guard, and vertical crib slat covers; and
        (3) does not include a non-padded mesh crib liner.

                               Speaker of the House of Representatives.

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