alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### JAN 22 1998 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

JOHNNY HAMILTON O’BRYAN, Petitioner-Appellant, No. 97-5090
v. (D.C. No. 96-CV-106-B) KENNETH KLINGER, (N.D. Okla.) Respondent-Appellee.

ORDER AND JUDGMENT *

Before ANDERSON , McKAY , and LUCERO , Circuit Judges.

After examining Petitioner-Appellant’s brief and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. SeeFed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument. Petitioner, a state prisoner appearing pro se , appeals the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Petitioner claims that a prison2

disciplinary action withdrawing earned good-time credits followed by a subsequent criminal conviction for the same behavior violated the doctrine of double jeopardy. Petitioner also contends that he was denied effective assistance of counsel by the failure of counsel to discover the double jeopardy violation and the failure of counsel to advise him of, and assist him with, an appeal of his guilty plea convictions. In its Order filed April 7, 1997, denying Petitioner’s writ of habeas corpus, the district court correctly set forth and properly analyzed the facts and the law. After Petitioner filed his notice of appeal, the district court issued an order denying him a certificate of appealability. To appeal the denial of habeas corpus relief by the district court, Petitioner must obtain a certificate of appealability. We may issue a certificate “only if the applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). We have carefully reviewed the district court’s order of dismissal, Petitioner’s brief and application for a certificate of appealability, and the record before us. We conclude that Petitioner has failed to make the required showing. See United States v. Simmonds , 111 F.3d 737, 746 (10th Cir. 1997). Consequently, we DENY Petitioner’s application for a certificate of appealability and DISMISS the appeal. Entered for the Court

Monroe G. McKay Circuit Judge
Certification of Chief Executive Officer and Chief Financial Officer

Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



I, Lawrence Williams, Jr., certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Gateway Certifications, Inc. (the Company) on Form 10-KSB/A2 for the fiscal year ended December 31, 2007, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Form 10-KSB/A2 fairly presents in all material respects the financial condition and results of operations of the Company.



|                          |                            |                                                     |  | 
|------------------------- | -------------------------- | --------------------------------------------------- |  | 
|                          |                            |                                                    
|Dated: September 10, 2008 | /s/ Lawrence Williams, Jr. |                                                    
|                          | Name:                      | Lawrence Williams, Jr.                             
|                          | Title:                     | Chief Executive Officer and
Chief Financial Officer
#### Florida Central and Peninsular Railroad Co. *v.*Rudulph.

Little, J.

1. After it has been shown that a person was injured by the running of a locomotive or train of cars, the right of the injured person to recover damages for such injury is dependent upon whether or not the railroad company was negligent. The law raises the presumption that it was ; this *144presumption casts on the company the burden of introducing evidence to show that it was not; otherwise a recovery may be had on the presumption. The presumption is overcome only when the evidence is sufficiently strong to show due care. When the company has introduced evidence which would warrant the conclusion that it did show such care, and there is evidence to the contrary, the question of negligence is an open one to be finally determined by the jury. X Gr. Ev. § X4 (w). There was no error in the refusal to charge, nor in the charges complained of, under this view of the law.

Submitted March 2,

Decided March 28, 1901.

Action for damages. Before Judge Bennet. Camden superior court. July 3, 1900.

*Crovatt & Whitfield*and *Osborne & Lawrence,*for plaintiff in error. *Courtland Symmes,*contra.

2. When, after tire submission of evidence which authorized the jury to determine that the plaintiff was injured by a derailment of the defendant’s train of cars, the plaintiff rested her case on the presumption of negligence raised by the law; and the defendant introduced evidence showing that at the time of the ■ derailment the train was being run at a reasonable rate of speed, that the track and road-bed were in first-class condition, that the cause of the derailment was a freshly broken flange on one of the wheels of a car, that the wheel was properly made, and, before being used, was thoroughly tested at the manufactory, again tested before being placed under the car, and was inspected during the trip the day the accident occurred, and was apparently in perfect condition ; and such evidence was not only uncontradicted, but was the only evidence introduced as to the cause of the derailment, the presumption was rebutted, and, in the absence of proof of negligence, a verdict for the plain- ■ tiff was not sustained by the evidence. *Ga. R. Co.*v. *Wall,*80 *Ga.*202.

*Judgment reversed.*

*All the Justices concurring.*
AWARENESS LETTER OF INDEPENDENT ACCOUNTANTS

Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 205449


                                     Re: Southwest Bancorporation of Texas, Inc.
                                     Registration on Form S-8 and Form S-3

We are aware that our report dated October 29, 1998, on our review of interim
financial information of Southwest Bancorporation of Texas, Inc. and Subsidiary
as of and for the three- and nine-months periods ended September 30, 1998 and
1997, and included in the Company's quarterly report on Form 10-Q for the
quarter ended September 30, 1998 is incorporated by reference in the Company's
registration statements on Form S-8 (File Nos. 333-21619, 333-27891 and
333-33533) and Form S-3 (File No. 333-47995). Pursuant to Rule 436(c) under the
Securities Act of 1933, this report should not be considered a part of the
registration statement prepared or certified by us within the meaning of
Sections 7 and 11 of that Act.


                                          /s/ PRICEWATERHOUSECOOPERS LLP
                                              PricewaterhouseCoopers LLP

Houston, Texas
November 5, 1998
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

In connection with the Annual Report of ATEL 12, LLC, (the Company) on Form 10-KSB for the period ended December 31, 2007 as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Paritosh K. Choksi, Executive Vice President and Chief Financial Officer and Chief Operating Officer of ATEL Associates 12, LLC, Managing Member of the Company, hereby certify,
pursuant to 18 U.S.C. §1350, as adopted pursuant to §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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                  
|------------------------------------------------------------------
|Date: March 13, 2008                                              
|                                                                  
|/s/ Paritosh K. Choksi                                            
|Paritosh K. Choksi                                                
|Director, Executive Vice President and Chief Financial Officer and
|Chief Operating Officer of ATEL Associates 12, LLC                
|(Managing Member)                                                 

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.
2010-0360.

#### In re Application of Carcione.

On February 26, 2010, the Board of Commissioners on Character and Fitness filed its final report in this court pursuant to Gov.Bar R. I(12)(E), recommending that Collette Jeannine Carcione’s application for admission to the Ohio bar be disapproved because she violated bar examination rules by returning to questions after time was called. No objections were filed. Upon consideration thereof,

It is ordered by the court that consistent with the recommendation of the board, the application of Collette Jeanine Carcione for admission to the practice of law in Ohio is disapproved and that she be permitted to reapply for admission in November 2010 by filing a supplemental character questionnaire. Upon reapplication, Collette Jeanine Carcione shall undergo review by the board, and upon a recommendation of approval by the board, she shall be admitted to the practice of law in Ohio.

Brown, C.J., not participating.
EX-31 Rule 13a-14(d)/15d-14(d) Certification.

  Re: Morgan Stanley ABS Capital I Inc. Trust 2007-HE5 (the "Trust"),
  Mortgage Pass-Through Certificates, Series 2007-HE5, issued pursuant to
  the Pooling and Servicing Agreement, dated as of April 1, 2007, among
  Morgan Stanley ABS Capital I Inc., as Depositor, Wells Fargo Bank,
  National Association, as Master Servicer, Securities Administrator and a
  Custodian, Saxon Mortgage Services, Inc., as a Servicer, Countrywide Home
  Loans Servicing LP, as a Servicer, WMC Mortgage Corp., as a Responsible
  Party, Decision One Mortgage Company, LLC, as a Responsible Party,
  Deutsche Bank National Trust Company, as Trustee, and LaSalle Bank
  National Association, as a Custodian, Morgan Stanley ABS Capital I Inc.
  Trust, Series 2007-HE5

  I, Diane Courtney, certify that:

  1.I have reviewed this annual report on Form 10-K ("Annual Report"), and
    all reports on Form 10-D (collectively with this Annual Report, the
    "Reports") required to be filed in respect of period covered by this
    Annual Report, of the Trust;

  2.Based on my knowledge, the Reports, taken as a whole, do 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 Annual Report;

  3.Based on my knowledge, all of the distribution, servicing and other
    information required to be provided under Form 10-D for the period
    covered by this Annual Report is included in the Reports;

  4.I am responsible for reviewing the activities performed by the
    servicers and based on my knowledge and the compliance reviews
    conducted in preparing 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 agreements in all material
    respects; and

  5.All of the reports on assessment of compliance with servicing criteria
    for asset-backed securities and their related attestation reports on
    assessment of compliance with servicing criteria required to be
    included in this Annual Report in accordance with Item 1122 of
    Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been
    included as an exhibit to this Annual Report, except as otherwise
    disclosed in this Annual Report. Any material instances of
    non-compliance described in such reports have been disclosed in this
    Annual Report.

    In giving the certifications above, I have reasonably relied on
    information provided to me by the following unaffiliated parties:
    Countrywide Home Loans Servicing LP as Servicer, and Saxon Mortgage
    Services, Inc. as Servicer.

    Dated:   March 26, 2008


    /s/ Diane Courtney
    Signature

    Vice President
    (senior officer in charge of the servicing function of the master
    servicer)
#### Levar T. Henry, Appellant, v City of New York et al., Respondents.

[4 NYS3d 497]

Appeal from order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered July 25, 2013, which denied plaintiffs motion to reargue the denial of his motion for a default judgment against defendant Captain “John” Cruz, unanimously dismissed, without costs, as taken from a nonappealable order.

Plaintiff designated the motion that resulted in the order appealed from as one for reargument, set forth the standard for a motion to reargue in his motion papers, and did not present any new facts on the motion. The court unambiguously denied the request for reargument, and it is well established that no appeal lies from an order denying reargument *(see e.g. Cangro v Park S. Towers Assoc.,*123 AD3d 602 [1st Dept 2014]; *D&A*
      *649
      *Constr., Inc. v New York City Hous. Auth.,*105 AD3d 464 [1st Dept 2013]).

Concur — Friedman, J.P., Renwick, Moskowitz, Richter and Clark, JJ.
#### The People of the State of New York, Respondent, v Kevin L. Abernathy, Appellant.

[24 NYS3d 540]—

Appeal from a judgment of the Erie County Court (Michael L. D’Amico, J.), rendered October 9, 2013. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Contrary to the contention of defendant, the record establishes that his waiver of the right to appeal was knowingly, intelligently and voluntarily entered *(see People v Lopez,*6 NY3d 248, 256 [2006]). County Court thoroughly reviewed the consequences of the waiver with defendant, after which defendant indicated that he understood those consequences and orally waived his right to appeal *(see People v Peterson,*35 AD3d 1195, 1196 [2006], *lv denied*8 NY3d 926 [2007]). Defendant’s challenge to the factual sufficiency of the plea allocution is encompassed by his valid waiver of the right to appeal *(see People v Rosado,*70 AD3d 1315, 1316 [2010], *lv denied*14 NY3d 892 [2010]).

Present-Smith, J.P., Peradotto, Lindley, DeJoseph and Scudder, JJ.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 286 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                 S. 286

To require a land conveyance involving the Elkhorn Ranch and the White 
River National Forest in the State of Colorado, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 2, 2017

Mr. Gardner (for himself and Mr. Bennet) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
To require a land conveyance involving the Elkhorn Ranch and the White 
River National Forest in the State of Colorado, 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 ``Elkhorn Ranch and White River 
National Forest Conveyance Act''.

SEC. 2. LAND CONVEYANCE, ELKHORN RANCH AND WHITE RIVER NATIONAL FOREST, 
              COLORADO.

    (a) Land Conveyance Required.--Consistent with the purpose of the 
Act of March 3, 1909 (43 U.S.C. 772), all right, title, and interest of 
the United States (subject to subsection (b)) in and to a parcel of 
land consisting of approximately 148 acres as generally depicted on the 
map entitled ``Elkhorn Ranch Land Parcel-White River National Forest'' 
and dated March 2015 shall be conveyed by patent to the Gordman-
Leverich Partnership, a Colorado Limited Liability Partnership (in this 
section referred to as ``GLP'').
    (b) Existing Rights.--The conveyance under subsection (a)--
            (1) is subject to the valid existing rights of the lessee 
        of Federal oil and gas lease COC-75070 and any other valid 
        existing rights; and
            (2) shall reserve to the United States the right to collect 
        rent and royalty payments on the lease referred to in paragraph 
        (1) for the duration of the lease.
    (c) Existing Boundaries.--The conveyance under subsection (a) does 
not modify the exterior boundary of the White River National Forest or 
the boundaries of Sections 18 and 19 of Township 7 South, Range 93 
West, Sixth Principal Meridian, Colorado, as such boundaries are in 
effect on the date of the enactment of this Act.
    (d) Time for Conveyance; Payment of Costs.--The conveyance directed 
under subsection (a) shall be completed not later than 180 days after 
the date of the enactment of this Act. The conveyance shall be without 
consideration, except that all costs incurred by the Secretary of the 
Interior relating to any survey, platting, legal description, or other 
activities carried out to prepare and issue the patent shall be paid by 
GLP to the Secretary prior to the land conveyance.
                                 <all>
```
```

                                                                   EXHIBIT 23(i)

                          INDEPENDENT AUDITORS' CONSENT

The Board of Directors of Pfizer Inc:

We consent to the incorporation by reference in the registration statement on
Form S-8 of Pfizer Inc, dated November 18, 2003, of our report dated February 27, 2003, with respect to the consolidated balance sheets of Pfizer Inc and Subsidiary
Companies as of December 31, 2002 and 2001, and the related consolidated
statements of income, shareholders' equity, and cash flows for each of the three
years in the period ended December 31, 2002, which report appears in the
December 31, 2002 Annual Report on Form 10-K of Pfizer Inc filed March 27, 2003.

KPMG LLP
New York, New York
November 18, 2003
```
##### 



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

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the
undersigned, as Chief Financial Officer of Southwest Bancorporation of Texas,
Inc. (the Company), does hereby certify that:

1) the Companys Quarterly Report on Form 10-Q for the quarter ended June 30,
2003 (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 Companys Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Dated: July 28, 2003

| |  |                                                                      
| |  | ---------------------------------------------------------------------
| |  | /s/ Randall E. Meyer                                                 
| |  |                                                                      
| |  | Randall E. Meyer
Executive Vice President and Chief Financial Officer
Exhibit 32.02





CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO


18 U.S.C. SECTIONS 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002








I, James Gabriele, Chief Financial Officer of R.J. O’Brien Fund Management, LLC (“RJOFM”), Managing Owner of RJO Global Trust (the “Trust”), certify that (i) the attached quarterly report on Form 10-Q of the Trust fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and (ii) the attached quarterly report on Form 10-Q of the Trust fairly presents, in all material respects, the financial condition and results of operations of the Trust.





By:
/s/ James GabrieleJames GabrieleChief Financial OfficerR.J. O’Brien Fund Management, LLCApril 4, 2014
**UNITED STATES**

**SECURITIES AND EXCHANGE COMMISSION**

**Washington, D.C. 20549**

**FORM 8-K**

CURRENT REPORT 

PURSUANT TO SECTION 13 OR 15(d) OF THE
[Federal Register Volume 66, Number 41 (Thursday, March 1, 2001)]
[Notices]
[Page 12928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5048]


=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 11 a.m., Friday, March 2, 2001.

PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Conference Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Surveillance Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.

Jean A. Webb,
Secretary of the Commission.
[FR Doc. 01-5048 Filed 2-27-01; 11:04 am]
BILLING CODE 6351-01-M
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-7602

KELVIN CHRISTIAN,

Plaintiff - Appellant,

v.

LUTHER WRIGHT, M.D.,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Alexandria. Liam O’Grady, District 

Judge. (1:11-cv-01163-LO-JFA)

Submitted: March 29, 2012 Decided: April 3, 2012

Before WILKINSON, KING, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Kelvin Christian, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Kelvin Christian appeals the district court’s order 

dismissing his 42 U.S.C. § 1983 (2006) complaint for failure to 

state a claim pursuant to 28 U.S.C. § 1915A(b)(1) (2006). We 

have reviewed the record and find no reversible error. 

Accordingly, although we grant leave to proceed in forma 

pauperis, we affirm for the reasons stated by the district 

court. Christian v. Wright, No. 1:11-cv-01163-LO-JFA (E.D. Va. 

Nov. 9, 2011). 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.

AFFIRMED