alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-41155

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

YOLANDA RIVERA,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. B-82-CR-142

- - - - - - - - - -

June 16, 1998

Before DAVIS, PARKER, and DENNIS, Circuit Judges. 

PER CURIAM:*

Yolanda Rivera appeals the district court’s dismissal of her

request for leave to file motion for new trial. The Government’s

motion for leave to file its brief one day out of time is

GRANTED. The district court lacked authority to grant a motion

for new trial or to sua sponte order a new trial. Fed. R. Crim.

P. 32(d) (applicable to offenses committed prior to 1987); 

Carlisle v. United States, 116 S. Ct. 1460, 1464 (1996); United
No. 97-41155

-2-

States v. Smith, 331 U.S. 469, 473-75 (1947). The district court 
No. 97-41155

-3-

did not abuse its discretion in dismissing Rivera’s request for

leave to file a motion for new trial.

This appeal is without arguable merit and thus frivolous. 

Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because

the appeal is frivolous, it is DISMISSED. 5th Cir. R. 42.2.

APPEAL DISMISSED.
[No. 59352-8-I.

Division One.

September 17, 2007.]

#### The State of Washington, *Respondent,*v. Patrick DeRyke, *Appellant.*

Appeal from a judgment of the Superior Court for Skagit County, No. 00-1-00082-0, John M. Meyer, J., entered November 16, 2006. *Affirmed*by unpublished per curiam opinion.
Exhibit 35
                                   ----------


                       COUNTRYWIDE HOME LOANS SERVICING LP


                              OFFICERS' CERTIFICATE
                     ANNUAL STATEMENT OF THE MASTER SERVICER


                                   CWHEQ, INC.
                  CWHEQ HOME EQUITY LOAN TRUST, SERIES 2007-S2
           HOME EQUITY LOAN ASSET BACKED CERTIFICATES, SERIES 2007-S2


     The undersigned does hereby certify that the undersigned is an officer of
Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing LP
(the "Master Servicer"), and does hereby further certify pursuant to Section
3.17 of the Pooling and Servicing Agreement for the above-captioned Series (the
"Agreement") that:

(i)   A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the Agreement
has been made under my supervision; and

(ii)  To the best of my knowledge, based on such review, the Master Servicer has
fulfilled all of its obligations under the Agreement in all material respects
throughout such calendar year.




/s/ Craig Baingo                                          Dated: March 14, 2008
-----------------

Craig Baingo
Executive Vice President, Finance
#### James R. COLEMAN, Petitioner-Appellant, v. WARDEN, RED ONION STATE PRISON, Respondent-Appellee.

No. 06-7655.

United States Court of Appeals, Fourth Circuit.

Submitted: March 22, 2007.

Decided: March 28, 2007.

James R. Coleman, Appellant Pro Se. Thomas Drummond Bagwell, Assistant Attorney General, Richmond, Virginia, for Appellee.

Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

James R. Coleman seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appeal-ability. 28 U.S.C. § 2253(c)(1) (2000). A *276certificate 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 any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. *Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Coleman has not made the requisite showing. Accordingly, we deny Coleman’s motion for a certificate of appealability and dismiss the appeal. 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.

*DISMISSED.*
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid 0MB control number. 

The valid 0MB control number for this information collection is 0583-0153. The time required to complete this information collection is estimated to average 5 minutes per response, including the time for 

reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and �ompleting and reviewing the collection of information. 

U.S. DEPARTMENT OF AGRICULTURE 

FOOD SAFETY AND INSPECTION SERVICE 

FIELD OPERATIONS 

MEAT, POUL TRY AND EGG PRODUCTS EXPORT CERTIFICATE OF WHOLESOMENESS 

CONTINUATION SHEET 

1. CERTIFICATE NO.

0155398 

2. REMARKS

NOT VALID UNLESS SIGNED BY A CERTIFYING OFFICIAL OF MEAT, POUL TRY AND EGG PRODUCTS INSPECTION PROGRAM 

By order of the 

Secretary of Agriculture 

3. CERTIFYING OFFICIAL'S NAME AND TITLE

MICHAEL TENARD

MICHAEL TENARD, DVM 

U.S. Government, Department of Agriculture 

PHIS ID: U-FSIS-37224;0533853 

Date: 07/20/202310:46:43 

Alameda, CA 

4. DATE ISSUED (MM/DD/YYYY)

07/20/2023 

This certificate is receivable in all courts of the United States as prima facie evidence of the truth of the statements therein contained. This certificate does not 

excuse failure to comply with any of the regulatory laws enforced by the United States Department of Agriculture. 

FSIS FORM 9060-5B (06/29/2018) ORIGINAL 

SAMPLE
#### Hix *v.*Gully, for use, etc.

Submitted MarcH 2,

Decided March 26, 1901.

Illegality. Before Judge Reese. Hart superior court. April 17, 1900.

*Asbury G.*McCurry, for plaintiff in error.

*James H. Skelton,*contra.

Fish, J.

1. No party in a civil case, save only a plaintiff who voluntarily dismisses his action before trial, can be lawfully made liable for the costs of any witness of the adverse party, who was not “ subpoenaed, sworn, and examined on the trial ” of the case. Civil Code, § 5392.

2. Section 5394 of the Civil Code does not warrant including in a judgment “ against the party dismissing, being nonsuited, or cast ” in a case, the fees of any witness for which such party is not liable under the provisions of section 5392 of the Civil Code.

3. When an officer issuing an execution attaches to the writ a separate paper having thereon a bill of the costs itemized in the manner prescribed in section 5394 of the Civil Code, this paper becomes a part of the execution itself, and the action thus taken by the clerk is equivalent to properly endorsing the bill of costs thereon.

4. In view of the law as above laid down, and of the evidence introduced at the trial, a verdict in favor of the plaintiff in error was demanded. It was therefore erroneous to direct a verdict in favor of the other party.

*Judgment reversed.*

*All the Justices concurring.*
MOTION AND PROCEDURAL RULINGS

2006-1653.

#### State v. Pruitt.

Cuyahoga App. Nos. 86707 and 86986, 2006-Ohio-4106. On motion to vacate judgment for lack of final, appealable order. Motion denied.
---

CERTIFICATIONS UNDER SECTION 906 OF SARBANES-OXLEY

In connection with the annual report of TAG Oil Ltd. (the
Company) on Form 20-F for the fiscal year ending March 31, 2007 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Garth Johnson, 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 to the best of my knowledge:

| | 1. | The Report fully complies with the requirements of
      section 13(a) or 15(d) 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
      operations of the Company.

|Garth Johnson                | 
|------------------------------ | 
|Name: Garth Johnson            | 
|Title: Chief Executive Officer | 
|September 28, 2007             | 

CERTIFICATIONS UNDER SECTION 906 OF SARBANES-OXLEY

In connection with the annual report of TAG Oil Ltd. (the
Company) on Form 20-F for the fiscal year ending March 31, 2007 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Garth Johnson, 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 to the best of my knowledge:

| | 1. | The Report fully complies with the requirements of
      section 13(a) or 15(d) 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
      operations of the Company.

|Garth Johnson                | 
|------------------------------ | 
|Name: Garth Johnson            | 
|Title: Chief Financial Officer | 
|September 28, 2007             | 

---
**GMAC Mortgage****SERVICER  COMPLIANCE STATEMENT (Item 1123)****GMAC Mortgage, LLC****GPMF2007AR2**The undersigned, a duly authorized officer of GMAC Mortgage, LLC, as servicer (the "Servicer") pursuant to the applicable servicing agreement, does hereby certify that: 1.A review of the Servicer's activities during the period covered by the Issuing Entity's report on Form 10-K and of the Servicer's performance under the applicable servicing agreement has been made under my supervision. 2.To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the applicable servicing agreement in all material respects throughout such period. IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 17th day of March 2008. By:  /s/ Anthony N. Renzi  Name: Anthony N. Renzi  Title: Executive Vice President GMAC Mortgage, LLC 1100 Virginia Drive Ft. Washington, PA 19034
[Federal Register Volume 66, Number 44 (Tuesday, March 6, 2001)]
[Notices]
[Page 13524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5357]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP97-71-026]


Transcontinental Gas Pipe Line Corporation; Notice of Compliance 
Filing

February 28, 2001.
    Take notice that on February 16, 2001 Transcontinental Gas Pipe 
Line Corporation (Transco) tendered for filing as part of its FERC Gas 
Tariff, Third Revised Volume No. 1, the tariff sheets listed below with 
a proposed effective date of February 1, 2001:

Substitute Eleventh Revised Sheet No. 42
Substitute Ninth Revised Sheet No. 46
Fifth Revised Sheet No. 171

    Transco states that the purpose of the instant filing is to 
supplement Transco's compliance filing in Docket Nos. RP97-71-021 & 
RP97-71-020 of February 1, 2001 (February 1 Filing), which 
inadvertently neglected to reflect the Rate Schedule IT tariff 
modifications specifically relating to transportation serve received at 
Washington Storage field and delivered in Zone 3. These modifications 
are necessary in order to comply with the Commission's final resolution 
of the backhaul rate equals to the forward haul rate under Transco's 
Rate Schedule IT. Accordingly, Transco is submitting Substitute 
Eleventh Revised sheets No. 42 and Substitute Ninth Revised Sheet No. 
46 to replace the respective tariff sheets in the February 1 Filing and 
also submitting Fifth Revised Sheet No. 171 as an addition to the 
February 1 Filing.
    Transco states that copies of the filing are being mailed to each 
of its affected customers, interested State Commissions, and other 
interested parties.
    Any person desiring to protest said filing should file a protest 
with the Federal Energy Regulatory Commissions, 888 First Street, NE., 
Washington, DC 20426, in accordance with section 385.211 of the 
Commissions's Rules and Regulations. All such protests must be filed in 
accordance with section 154.210 of the Commissions's regulations. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceedings. Copies of this filing are on file with the 
Commission and are available for public inspection in the Public 
Reference Room. This filing may be viewed on the web at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance). 
Comments and protests may be filed electronically via the internet in 
lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on 
the Commission's web site at http://www.ferc.fed.us/efi/doorbell.htm.

David P. Boergers,
Secretary.
[FR Doc. 01-5357 Filed 3-5-01; 8:45 am]
BILLING CODE 6717-01-M
EX-4.6





 Exhibit 4.6 

TOTAL CAPITAL CANADA LTD. 

TOTAL SE 

Officer’s Certificate 

Pursuant to Section 102 of the Indenture 

Antoine Larenaudie, duly appointed President of Total Capital Canada Ltd., a corporation duly organized and existing under the laws of Alberta, Canada (the
“Company”), and duly appointed Group Treasurer of TOTAL SE, a European company (Societas Europaea or SE) duly organized and existing under the laws of the Republic of France, registered with the Registre du Commerce et des
Sociétés of Nanterre under number 542 051 180 (the “Guarantor”), hereby make the following statements pursuant to Section 102 of the indenture dated January 28, 2011, as amended by the first supplemental indenture
dated July 22, 2020, among the Company, the Guarantor and The Bank of New York Mellon, acting through its London Branch, as trustee (the “Indenture”): 
  

	 	(a)	 the undersigned has read the provisions of the Indenture, including without limitation, Section 901 (1) setting
forth the conditions relating to the succession of another corporation, including as substitute obligor, to the Guarantor and the assumption by such successor of the covenants of the Guarantor in the Indenture and in the Guarantees and in respect of
compliance with which this certificate is being delivered, and the definitions in the Indenture relating thereto; 


  

	 	(b)	 the undersigned has examined the resolutions of the Board of Directors of the Company, such other corporate
records of the Company and the Guarantor, and such other documents deemed necessary as a basis for the opinion hereinafter expressed; 


  

	 	(c)	 in the opinion of the undersigned, such examination is sufficient to enable it to express an informed opinion
as to whether or not the conditions referred to above have been complied with; and 


  

	 	(d)	 the undersigned is of the opinion that such conditions have been complied with. 



Capitalized terms used herein and not otherwise defined herein shall have the meanings given to them in the Indenture. 












 IN WITNESS WHEREOF, the undersigned has duly executed and delivered this certificate as of the date set
forth below. 
 Dated: July 22, 2020 
  

			
	
	TOTAL CAPITAL CANADA LTD.
		
	By:	 	/S/ ANTOINE LARENAUDIE
	Name:	 	Antoine Larenaudie
	Title:	 	 President
  



  

			
	
	TOTAL SE 
		
	By:	 	/S/ ANTOINE LARENAUDIE
	Name:	 	Antoine Larenaudie
	Title:	 	 Group Treasurer
  



 [Signature Page to Officer’s Certificate under the Indenture]
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 Veterans Affairs

The Department of Veterans Affairs gives notice that a meeting of the Veterans' Advisory Committee on Education, authorized by 38 U.S.C. 3692, will be held on March 12 and March 13, 2001. The meeting will take place at the Department of Veterans Affairs, Room 542, 1800 G Street, NW., Washington, DC. The meeting will begin at 8:30 a.m. and end at 4:00 p.m. on Monday, March 12. On Tuesday, March 13, the meeting will begin at 8:30 a.m. and end at 12:00 p.m. The purpose of the Committee is to assist in the evaluation of existing programs and services, and recommend needed programs and services. The focus of this meeting will be “Partnership for Veterans' Education”. The Committee will also review recently proposed legislation increasing GI Bill benefits for the 21st century and submit their recommendations for necessary improvements to the GI Bill to the Secretary.

The meeting will be open to the public. Those wishing to attend should contact Mr. Bill Susling, Education Policy and Program Administration, (phone 202-273-7187) prior to the meeting.

Interested persons may attend, appear before, or file statements with the Committee. Statements, if in written form, may be filed before or within 10 days after the meeting. Oral statements will be heard at 9:00 a.m. Tuesday, March 13, 2001.

Dated: February 23, 2001. 

By direction of the Secretary.

Ventris C. Gibson,

Committee Management Officer.

[FR Doc. 01-5188  Filed 3-2-01; 8:45 am]

BILLING CODE 8320-01-M
<PAGE>



                                                                   Exhibit 32.02

                                  Certification

            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)

         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), the
undersigned officer of Interactive Systems Worldwide Inc., a Delaware
corporation (the "Company"), does hereby certify, to such officer's knowledge,
that the Quarterly Report on Form 10-QSB for the quarter ended December 31, 2003
(the "Form 10-QSB") of the Company fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the
information contained in the Form 10-QSB fairly presents, in all material
respects, the financial condition and results of operations of the Company.

Dated:  February 13, 2004

                                                    By: /s/ JAMES MCDADE
                                                        ------------------------
                                                        James McDade
                                                        Chief Financial Officer

    The foregoing certification is being furnished 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).


                                       25
<PAGE>

Joseph Stevens & Company, L.P.
33 Maiden Lane
New York, NY 10038


Ladies and Gentlemen:

     In order to induce Joseph Stevens & Company, L.P. (the "Underwriter") 
and Hawaiian Natural Water Company, Inc. (the "Company") to enter into an 
underwriting agreement (the "Underwriting Agreement") with respect to the 
offering of securities issued by the Company, the undersigned intending to be 
legally bound hereby agrees that for a period commencing on the date hereof 
and ending eighteen (18) months following the effective date of the 
registration statement (the "Registration Statement") relating to the 
underwritten public offering of securities issued by the Company, he, she or 
it will not, without the prior written consent of the Underwriter, directly 
or indirectly, issue, offer to sell, sell, grant an option for the sale of, 
assign, transfer, pledge, hypothecate or otherwise encumber or dispose of any 
securities issued by the Company, including common stock or securities 
convertible into or exchangeable or exercisable for or evidencing any right 
to purchase or subscribe for any shares of common stock ("Securities") 
(either pursuant to Rule 144 of the regulations under the Securities Act of 
1933, as amended, or otherwise) whether or not beneficially owned by the 
undersigned, or dispose of any beneficial interest therein.

     In addition, the undersigned agrees that for the period commencing on 
the date hereof and extending twenty-four (24) months following the effective 
date of the Registration Statement, any sales of Securities shall be made 
through the Underwriter in accordance with its customary brokerage policies, 
either on a principal or agency basis.

     In order to enable the aforesaid covenants, the undersigned hereby 
consents to the placing of legends and/or stop-transfer orders with the 
Transfer Agent of the Company's securities with respect to any of the 
Company's securities registered in the name of the undersigned or 
beneficially owned by the undersigned.

     This Agreement shall be governed by and construed and enforced in 
accordance with the laws of the State of New York without giving effect to 
the choice of law or conflicts of laws principles.


Dated: __________________ 1996        __________________________________________
                                      Name (Please print or type)


______________________________        __________________________________________
Address (Please print or type)        Signature


______________________________        __________________________________________
                                      Social Security or Federal Tax I.D. Number


______________________________