alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-6895

UNITED STATES OF AMERICA,

 Plaintiff – Appellee,

v.

KENNETH D. BEVERLY,

 Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Richmond. Henry E. Hudson, District 

Judge. (3:05-cr-00526-HEH-1; 3:14-cv-00435-HEH)

Submitted: August 20, 2015 Decided: August 25, 2015

Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kenneth D. Beverly, Appellant Pro Se. Steven Thomas Buck, OFFICE 

OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia; Gregg 

Robert Nivala, OFFICE OF THE UNITED STATES ATTORNEY, Gurney 

Wingate Grant, II, Assistant United States Attorney, Richmond, 

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Kenneth D. Beverly seeks to appeal the district court’s 

orders denying relief on his 28 U.S.C. § 2255 (2012) motion and 

his Fed. R. Civ. P. 59(e) motion. The orders are not appealable 

unless a circuit justice or judge issues a certificate of 

appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 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) 

(2012). When the district court denies relief on the merits, a 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that the district court’s 

assessment of the constitutional claims is debatable or wrong. 

Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. 

Cockrell, 537 U.S. 322, 336-38 (2003). When the district court 

denies relief on procedural grounds, the prisoner must 

demonstrate both that the dispositive procedural ruling is 

debatable, and that the motion states a debatable claim of the 

denial of a constitutional right. Slack, 529 U.S. at 484-85. 

We have independently reviewed the record and conclude that 

Beverly has not made the requisite showing. Accordingly, we 

deny a certificate of appealability and dismiss the appeal. We 

dispense with oral argument because the facts and legal 
3

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED
Exhibit 10.3

                          NATIONAL HEALTHCARE ALLIANCE

                         3155 E. Patrick Lane, Suite 1
                          Las Vegas Nevada, 89120-3481


                                October 12, 2007

                              Consulting Agreement

National  HealthCare  Alliance  Inc.  (company( agrees to hire Berman Investment
Group,  Inc  LLC (consultant) to assist the company in the acquisition of Berman
marketing,  Inc.  (BMG)  specifically  the  following.

1.   Consultant  will  assist  company  in  changing  it's  name  from  national
     HealthCare  Alliance,  Inc.  to  Berman  Holdings,

2.   Consultant will assist company in obtaining a new stock symbol for National
     HealthCare  Alliance.

3.   Consultant  will pay Bruce Barton who acted as a finder $85,000 owed to him
     by  consultant  for  introducing  company  and  BMG.

Upon  successful  completion  of the above the company will reimburse consultant
the  $85,000  it  paid  to Bruce Barton. If any of the above does not take place
there  will  be  no  compensation  due  consultant.


Agreed Company,



/s/ Bruce A Berman
Bruce A Berman President
National HealthCare Alliance, Inc.

Agreed Consultant,



/s/ Bruce A Berman
Berman Investment Group LLC, Inc
**Nevada Rural Development State Office**2730 N. Deer Run Road Suite 1Carson City, NV 89701Phone: (775) 887-1222Fax: (855) 816-1209

**Questions about Multifamily Housing Programs?**Call 1-800-292-8293

                          -    - State DirectorLucas Ingvoldstad (View Bio)
 
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## Highlights and Announcements

                                -    Notice of Changes to Nevada Eligible Area Maps 
                                -    Public Notice: 30 Day Inspection Period and Comments Received from USDA Rur... 
                                -    Nevada Rural Business Development Grant Toolkit 
                                -    USDA Recreation Economy Resource Guide 

### Featured Programs

                          -  Water & Waste Disposal Loan & Grant Program 
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### Resources

**Check Eligibility**Check a home, town or service location to verify eligibility for Rural Programs

**Manage your USDA Loan**You can create an account and manage your current loan through the Customer Service Center (CSC) portal. You can also contact the CSC at 800-414-1226
View All Resources

## Rural Development News

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                                -  USDA Rural Development Announces Funding for American Institute of Building ScienceDec 13, 2023 

View All State News
### §2924. Child development center employees

(a) Training.—

(1) In general.—The Commandant shall establish a training program for Coast Guard child development center employees and satisfactory completion of the training program shall be a condition of employment for each employee of a Coast Guard child development center.

(2) Timing for new hires.—The Commandant shall require each employee of a Coast Guard child development center to complete the training program established under paragraph (1) not later than 6 months after the date on which the employee is hired.

(3) Minimum requirements.—The training program established under paragraph (1) shall include, at a minimum, instruction with respect to—

(A) early childhood development;

(B) activities and disciplinary techniques appropriate to children of different ages;

(C) child abuse and neglect prevention and detection; and

(D) cardiopulmonary resuscitation and other emergency medical procedures.

(4) Use of department of defense programs.—The Commandant may use Department of Defense training programs, on a reimbursable or nonreimbursable basis, for purposes of this subsection.

(b) Training and Curriculum Specialists.—

(1) Specialist required.—The Commandant shall require that at least 1 employee at each Coast Guard child development center be a specialist in training and curriculum development with appropriate credentials and experience.

(2) Duties.—The duties of the specialist described in paragraph (1) shall include—

(A) special teaching activities;

(B) daily oversight and instruction of other child care employees;

(C) daily assistance in the preparation of lesson plans;

(D) assisting with child abuse and neglect prevention and detection; and

(E) advising the director of the center on the performance of the other child care employees.

(3) Competitive service.—Each specialist described in paragraph (1) shall be an employee in a competitive service position.

(Added Pub. L. 113–281, title II, §214(a), Dec. 18, 2014, 128 Stat. 3032, §554; renumbered §2924, Pub. L. 115–282, title I, §117(b), Dec. 4, 2018, 132 Stat. 4230.)

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–282 renumbered section 554 of this title as this section.
#### Board of Aldermen of the City of Shelton, Acting as the Zoning Commission *v.*The Bridgeport Community Antennae Television Company et al.

*James W. Bracnaro,*for the appellant (plaintiff).

*Joseph P. Cooney,*for the appellee (named defendant).

*Richard L. Barger,*assistant attorney general, for the appellee (defendant Public Utilities Commission).

Argued February 5

decided February *5,*1974

The plaintiff’s motion for an order by this court in the appeal from the Court of Common Pleas in Fairfield County directing that the judgment of the Court of Common Pleas be set aside and the case be remanded to the Public Utilities Commission with direction to set aside its decision and dismiss the named defendant’s appeal for lack of jurisdiction to hear the appeal is denied.
### §4904. Notification upon cancellation or termination

#### (a) In general

Not later than 30 days after the date of cancellation or termination of a private mortgage insurance requirement in accordance with this chapter, the servicer shall notify the mortgagor in writing—

(1) that the private mortgage insurance has terminated and that the mortgagor no longer has private mortgage insurance; and

(2) that no further premiums, payments, or other fees shall be due or payable by the mortgagor in connection with the private mortgage insurance.

#### (b) Notice of grounds

#### (1) In general

If a servicer determines that a mortgage did not meet the requirements for termination or cancellation of private mortgage insurance under subsection (a) or (b) of section 4902 of this title, the servicer shall provide written notice to the mortgagor of the grounds relied on to make the determination (including the results of any appraisal used to make the determination).

#### (2) Timing

Notice required by paragraph (1) shall be provided—

(A) with respect to cancellation of private mortgage insurance under section 4902(a) of this title, not later than 30 days after the later of—

(i) the date on which a request is received under section 4902(a)(1) of this title; or

(ii) the date on which the mortgagor satisfies any evidence and certification requirements under section 4902(a)(3) 1 of this title; and

(B) with respect to termination of private mortgage insurance under section 4902(b) of this title, not later than 30 days after the scheduled termination date.

(Pub. L. 105–216, §5, July 29, 1998, 112 Stat. 903.)

#### **Editorial Notes**

#### References in Text

Section 4902(a)(3) of this title, referred to in subsec. (b)(2)(A)(ii), was redesignated section 4902(a)(4) of this title by Pub. L. 106–569, title IV, §404(1)(C), Dec. 27, 2000, 114 Stat. 2958.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective 1 year after July 29, 1998, see section 13 of Pub. L. 105–216, set out as a note under section 4901 of this title.

1 See References in Text note below.
# C_2007129EN.01001303.xml

| 9.6.2007 | EN | Official Journal of the European Union | C 129/13 |
| --- | --- | --- | --- |

9.6.2007

EN

Official Journal of the European Union

C 129/13

---

Action brought on 19 April 2007 — Commission of the European Communities v Portuguese Republic

(Case C-206/07)

(2007/C 129/24)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: L. Pignatero and M. Afonso, acting as Agents)

Applicant:

Defendant: Portuguese Republic

Defendant:

Form of order sought

| — | A declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2004/33/EC (1) of 22 March 2004 implementing Directive 2002/98/EC of the European Parliament and of the Council as regards certain technical requirements for blood and blood components or, in any event, by failing to communicate them to the Commission, the Portuguese Republic has failed to fulfil its obligations under that directive; |
| --- | --- |

—

A declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2004/33/EC (1) of 22 March 2004 implementing Directive 2002/98/EC of the European Parliament and of the Council as regards certain technical requirements for blood and blood components or, in any event, by failing to communicate them to the Commission, the Portuguese Republic has failed to fulfil its obligations under that directive;

1

| — | an order that the Portuguese Republic should pay the costs. |
| --- | --- |

—

an order that the Portuguese Republic should pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of the directive into domestic law expired on 8 February 2005.

---

(1)  OJ 2004 L 91, p. 25.

1

---
<TABLE> <S> <C>


<ARTICLE>                                           UT
<LEGEND>
     This Schedule  contains summary  financial  information  extracted from the
Statement of Income, Balance Sheet and Statement of Cash Flows, and is qualified
in its entirety by reference to such financial statements.
</LEGEND>            
<MULTIPLIER>                                   1000
       
<S>                                            <C>
<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                              MAR-31-1999
<PERIOD-END>                                   JUN-30-1998   
<BOOK-VALUE>                                   PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      3,753,722
<OTHER-PROPERTY-AND-INVEST>                      111,884
<TOTAL-CURRENT-ASSETS>                         2,870,201
<TOTAL-DEFERRED-CHARGES>                         357,109
<OTHER-ASSETS>                                   468,358
<TOTAL-ASSETS>                                 7,561,274
<COMMON>                                           1,759
<CAPITAL-SURPLUS-PAID-IN>                      2,892,124
<RETAINED-EARNINGS>                              889,117
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 3,783,000
<PREFERRED-MANDATORY>                            363,000
<PREFERRED>                                       85,000
<LONG-TERM-DEBT-NET>                           1,938,033
<SHORT-TERM-NOTES>                                     0
<LONG-TERM-NOTES-PAYABLE>                              0
<COMMERCIAL-PAPER-OBLIGATIONS>                         0
<LONG-TERM-DEBT-CURRENT-PORT>                          0
<PREFERRED-STOCK-CURRENT>                              0
<CAPITAL-LEASE-OBLIGATIONS>                            0
<LEASES-CURRENT>                                       0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 1,392,241
<TOT-CAPITALIZATION-AND-LIAB>                  7,561,274
<GROSS-OPERATING-REVENUE>                        582,615
<INCOME-TAX-EXPENSE>                             (60,461)
<OTHER-OPERATING-EXPENSES>                       445,211
<TOTAL-OPERATING-EXPENSES>                       384,750
<OPERATING-INCOME-LOSS>                          197,865
<OTHER-INCOME-NET>                                83,790
<INCOME-BEFORE-INTEREST-EXPEN>                   114,075
<TOTAL-INTEREST-EXPENSE>                          76,825
<NET-INCOME>                                      37,250
<PREFERRED-STOCK-DIVIDENDS>                       11,216
<EARNINGS-AVAILABLE-FOR-COMM>                     26,034
<COMMON-STOCK-DIVIDENDS>                          90,353
<TOTAL-INTEREST-ON-BONDS>                         66,792
<CASH-FLOW-OPERATIONS>                          (349,619)
<EPS-PRIMARY>                                      $0.19
<EPS-DILUTED>                                      $0.19
        


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         1151954
<SECURITIES>                                         0
<RECEIVABLES>                                   171907
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               1325922
<PP&E>                                        17812334
<DEPRECIATION>                                 3617865
<TOTAL-ASSETS>                                15973079
<CURRENT-LIABILITIES>                           744885
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    15096194
<TOTAL-LIABILITY-AND-EQUITY>                  15973079
<SALES>                                              0
<TOTAL-REVENUES>                               2148859
<CGS>                                                0
<TOTAL-COSTS>                                   341988
<OTHER-EXPENSES>                                529506
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                1277365
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            1277365
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   1277365
<EPS-PRIMARY>                                    25.58
<EPS-DILUTED>                                    25.58
        

</TABLE>
### **CHAPTER 10—EXCHANGE OF CENSUS INFORMATION**

Sec.
401.
Exchange of census information with Bureau of Economic Analysis.
402.
Providing business data to Designated Statistical Agencies.

#### **Editorial Notes**

#### Amendments

**2002**—Pub. L. 107–347, title V, §526(b)(2), Dec. 17, 2002, 116 Stat. 2970, added item 402.
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.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces its intent to hold proposal review meetings throughout the year. The purpose of these meetings is to provide advice and recommendations concerning proposals submitted to the NSF for financial support. The agenda for each of these meetings is to review and evaluate proposals as part of the selection process for awards. The review and evaluation may also include assessment of the progress of awarded proposals. The majority of these meetings will take place at NSF, 4201 Wilson Blvd., Arlington, Virginia 22230.

These meetings will be closed to the public. The proposals being reviewed include information of a proprietary or confidential nature, including technical information; financial data, such as salaries; and personal information concerning individuals associated with the proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act. NSF will continue to review the agenda and merits of each meeting for overall compliance of the Federal Advisory Committee Act.

                    These closed proposal review meetings will not be announced on an individual basis in the                     **Federal Register**                    . NSF intends to publish a notice similar to this on a quarterly basis. For an advance listing of the closed proposal review meetings that include the names of the proposal review panel and the time, date, place, and any information on changes, corrections, or cancellations, please visit the NSF Web site:                     *http://www.nsf.gov***                     This information may also be requested by telephoning, 703/292-8182.                

Dated: March 1, 2011.

Susanne Bolton,

Committee Management Officer.

[FR Doc. 2011-4934 Filed 3-3-11; 8:45 am]

BILLING CODE 7555-01-P
§ 170.932 Are there other funding sources for Tribal transportation departments? There are many sources of funds that may help support a Tribal transportation department. The following are some examples of additional funding sources: ( a ) Tribal general funds;
( b ) Tribal Priority Allocation;
( c ) Tribal permits and license fees;
( d ) Tribal fuel tax;
( e ) Federal, State, private, and local transportation grants assistance;
( f ) Tribal Employment Rights Ordinance fees (TERO); and
( g ) Capacity building grants from Administration for Native Americans and other organizations.