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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6711

GARY LEWIS SHIELDS,

Petitioner - Appellant,

versus

JOHN CARMICHAEL; CHARLES MOLONY CONDON, Attorney General of the State of South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Rock Hill. Charles E. Simons, Jr., Senior

District Judge. (CA-97-2934-0-06BD)

Submitted: August 13, 1998 Decided: September 3, 1998

Before WIDENER and WILKINS, Circuit Judges, and HALL, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Gary Lewis Shields, Appellant Pro Se. Donald John Zelenka, Chief

Deputy Attorney General, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 &

Supp. 1998). We have reviewed the record and the district court's

opinion accepting the recommendation of the magistrate judge and

find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district

court. Shields v. Carmichael, No. CA-97-2934-0-06BD (D.S.C. May 4,

1998). 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
# Appendix_A
### §460ccc–7. Coordinated management

The Secretary shall coordinate the management of the conservation area with that of surrounding State and Federal lands in such a manner as best to meet the present and future needs of the American people.

(Pub. L. 101–621, §9, Nov. 16, 1990, 104 Stat. 3345.)
#### Mary L. Clark, Respondent, v. James M. Clark and Hudson Iron Company, Appellants.

Judgment affirmed, with costs. Ho opinion. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.
4833-5706-6298.1

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Richmond Division

IN RE: Case No. 16-34619-KLP

Arlene L. Tyson

__________________________________:

Debtor(s)

I, PETER J. BARRETT, do hereby resign as Interim Trustee for the above referenced

case due to a conflict of interest.

October 7, 2016 /s/ Peter J. Barrett

Date Peter J. Barrett, Trustee

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### §460ttt–1. Map and description

#### (a) In general

As soon as practicable after December 1, 2006, the Secretary shall file a map and a legal description of the national recreation area designated by section 460ttt of this title with—

(1) the Committee on Resources of the House of Representatives;

(2) the Committee on Agriculture of the House of Representatives; and

(3) the Committee on Agriculture, Nutrition, and Forestry of the Senate.

#### (b) Force of law

A map and legal description filed under subsection (a) shall have the same force and effect as if included in this subchapter, except that the Secretary may correct clerical and typographical errors in the map and legal description.

#### (c) Public availability

Each map and legal description filed under subsection (a) shall be filed and made available for public inspection in the Office of the Chief of the Forest Service.

(Pub. L. 109–382, title II, §222, Dec. 1, 2006, 120 Stat. 2676.)

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

#### Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

___________________ Division 

In re: Case No. 

 Debtor(s) 

 Chapter 11 

ORDER CONVERTING CASE FROM CHAPTER 13 TO CHAPTER 11 

The debtor(s) in this case filed a petition under Chapter 13 of the Bankruptcy Code on ____________________, 

and on ________________________, filed a motion to convert to one under Chapter 11. Accordingly, it is 

ORDERED that: 

1. This case is converted to one under Chapter 11 of the Bankruptcy Code; 

2. The trustee in the Chapter 13 case, pursuant to Federal Rules of Bankruptcy Procedure 1019(5), shall file a final 

report and account as required by 11 U.S.C. §§ 1302(b)(1) and 704(a)(9) with the Court within 30 days of the entry of 

this order, with a copy to be mailed to the United States Trustee; 

3. [If checked] _____ The debtor(s) shall remit to the Clerk of the United States Bankruptcy Court an additional filing 

fee of $932.00 within 14 days of the entry of this order. 

4. The debtor(s), pursuant to Local Bankruptcy Rule 1017-1(A), shall file with the Court within 14 days after the 

conversion of this case as applicable, either: 

(a) a schedule of unpaid debts incurred after commencement of original bankruptcy case, and a 

list of creditors in the format required by the Clerk, or 

(b) a certification that no unpaid debts have been incurred since the commencement of the case; [If the 

debtor fails to file the schedule and list referred to on the date of conversion of the case, any such subsequent filing shall 

be treated as an amendment under Local Bankruptcy Rule 1009-1 and the debtor shall be required to give all 

required notices and distribute all required copies, including copies to the trustee and the United States Trustee.]

5. [If original case filed on or after October 17, 2005] The debtor(s), pursuant to Local Bankruptcy Rule 1017-1(C) 

and FRBP 1007(b)(5), shall file with the Court within 14 days after the conversion of this case a Chapter 11 

Statement of Current Monthly Income, Official Form B22B 

6. The debtor(s), pursuant to Federal Rule of Bankruptcy Procedure 1007(d), shall file with the Court a List of 20 

largest Unsecured Creditors within 14 days of the entry of this order. 

7. [If Applicable] If the debtor(s) have been making payments by payroll deduction, the employer as set forth in the 

order for payroll assignment shall cease any payroll deductions for the benefit of the Chapter 13 Trustee. 

 It is further ORDERED that the debtor's failure to comply with any of the requirements as set out in paragraph 

numbered 3 above will result in the case being dismissed. 

Date: ____________________________ ____________________________________ 

 United States Bankruptcy Judge 

 NOTICE OF JUDGMENT OR ORDER 

 ENTERED ON DOCKET: 

 _______________________________ 

[ocon1311 ver. 11/12] 

Alexandria

Martin Burke

July 3, 2015

September 3, 2015

✔

Oct 21 2015 /s/ Robert G. Mayer

10/22/2015 sas

15-12307-RGM

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<PAGE> 44

<TABLE>

EXHIBIT 11.1
COMPUTATION OF EARNINGS PER SHARE

(in thousands except share amounts and per share amounts)

                                           Year Ended December 31,
                                       1997         1996         1995
                                       ----         ----         ----
<S>                                     <C>          <C>          <C>

 Net income                         $ 25,871     $ 21,615     $ 18,872
                                    --------     --------     --------
 Average shares of common stock
   outstanding during the period      16,052       15,900       16,021
                                    --------     --------     --------

 Net income per share - basic       $   1.61     $   1.36     $   1.18
                                    ========     ========     ========


Average shares of common stock
   outstanding during the period      16,052       15,900       16,021

 Incremental number of shares from
   assumed exercise of stock options     368          255          234
                                    --------     --------     --------
                                      16,420       16,155       16,255
                                    --------     --------     --------

 Net income per share - diluted     $   1.58     $   1.34     $   1.16
                                    ========     ========     ========

</TABLE>
§ 1200.12 Due date for submission. ( a ) Except as specified under § 1200.61(a), a State shall submit its Highway Safety Plan electronically to the NHTSA regional office no later than July 1 preceding the fiscal year to which the Highway Safety Plan applies.
( b ) Failure to meet this deadline may result in delayed approval and funding of a State's Section 402 grant or disqualification from receiving Section 405 grants.
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#### § 8.11 Interplay of administrative and criminal judicial forfeiture proceedings.

An administrative forfeiture proceeding pending against seized or restrained property does not bar the Government from alleging that the same property is forfeitable in a criminal case. Notwithstanding the fact that an allegation of forfeiture has been included in a criminal indictment or information, the property may be administratively forfeited in a parallel proceeding.
### §§447a to 447c. Transferred

#### **Editorial Notes**

#### Codification

Sections 447a to 447c, which relate to the Ocmulgee National Monument, were transferred to sections 410yyy to 410yyy–2 of this title.
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### §460nnn–41. Cooperative management agreements

#### (a) Cooperative efforts

To further the purposes and objectives for which the Cooperative Management and Protection Area is designated, the Secretary may work with non-Federal landowners and other parties who voluntarily agree to participate in the cooperative management of Federal and non-Federal lands in the Cooperative Management and Protection Area.

#### (b) Agreements authorized

The Secretary may enter into a cooperative management agreement with any party to provide for the cooperative conservation and management of the Federal and non-Federal lands subject to the agreement.

#### (c) Other participants

With the consent of the landowners involved, the Secretary may permit permittees, special-use permit holders, other Federal and State agencies, and interested members of the public to participate in a cooperative management agreement as appropriate to achieve the resource or land use management objectives of the agreement.

#### (d) Tribal cultural site protection

The Secretary may enter into agreements with the Burns Paiute Tribe to protect cultural sites in the Cooperative Management and Protection Area of importance to the tribe.

(Pub. L. 106–399, title I, §121, Oct. 30, 2000, 114 Stat. 1663.)
No. 20,485.

#### James Gregory *v.*The People of the State of Colorado.

(382 P. [2d] 544)

Decided June 10, 1963.

Plaintiff in error, pro se.

Mr. Duke W. Dunbar, Attorney General, Mr. Frank E. Hickey, Deputy, Mrs. Aurel M. Kelly, Special Assistant, for defendant in error.

*En Banc.*

Mr. Chief Justice Frantz

delivered the opinion of the Court.

On April 22, 1963, a petition for rehearing was denied *456in the case of *Wilcox v. The*People, 152 Colo. 173, 380 P. (2d) 912. From the facts in that case we know that Wilcox and the present plaintiff in error, James Gregory, were tried on charges of burglary, conspiracy to commit burglary, and possession of burglar tools, and both were convicted.

Gregory has prosecuted his writ of error, and therein has assigned as grounds for reversal four matters, three of which were urged by Wilcox and which were determined to have no merit. They appear as arguments I, III, and IV in our opinion in the Wilcox case.

For the content of these arguments, the circumstances surrounding their disposition, and our resolution of them, we refer to the opinion in that case. Gregory has not in his briefs persuaded us that we there incorrectly disposed of these arguments, and since they are identical on the identical record, we hold that they are without merit.

His remaining ground for reversal is stated to be:

“That the court erred in admitting testimony of the prosecution witness W. M. Ward, relative to statements made by the defendant Robert Wilcox and not made in the presence of the defendant James Gregory.”

In his argument he maintains that such testimony was wholly inadmissible.

Wilcox and Gregory were being tried together, and the testimony was certainly admissible against Wilcox. Gregory neither objected thereto, nor asked for a protective cautionary instruction limiting the admissibility of such testimony to the charge against Wilcox only. Indeed, the reception of this evidence is attacked for the first time in Gregory’s motion for new trial.

Where a damaging statement as to a co-defendant charged with crime is admitted in evidence, it is the duty of the other on trial with him, if he wants its scope limited, to ask then and there for an instruction that such evidence does not apply to the latter and that it should not be considered by the jury in connection with *457him. *Thompson v. People,*139 Colo. 15, 336 P. (2d) 93; *Brown v. People,*124 Colo. 412, 238 P. (2d) 847.

Under the circumstances, Gregory is in no position to complain about the reception of this testimony.

The judgment is affirmed.
### §459a–8. Limitation on expenditure

The total amount which may be expended for the land acquisition program at Cape Hatteras National Seashore Recreational Area, pursuant to the authorizations contained in sections 459a–6 to 459a–8 of this title, is expressly limited to $250,000.

(Aug. 6, 1956, ch. 988, §3, 70 Stat. 1066.)
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM HAWAIIAN
ELECTRIC INDUSTRIES, INC. AND SUBSIDIARIES' CONSOLIDATED BALANCE SHEET AS OF
DECEMBER 31, 1996 AND CONSOLIDATED STATEMENT OF INCOME FOR THE YEAR ENDED 
DECEMBER 31, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000354707
<NAME> HEI
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          97,417
<SECURITIES>                                 1,377,591
<RECEIVABLES>                                  155,730
<ALLOWANCES>                                     4,872
<INVENTORY>                                     48,745
<CURRENT-ASSETS>                                     0
<PP&E>                                       2,831,822
<DEPRECIATION>                                 890,055
<TOTAL-ASSETS>                               5,935,840
<CURRENT-LIABILITIES>                                0
<BONDS>                                        810,080
<PREFERRED-MANDATORY>                           38,955
<PREFERRED>                                     48,293
<COMMON>                                       622,945
<OTHER-SE>                                     149,907
<TOTAL-LIABILITY-AND-EQUITY>                 5,935,840
<SALES>                                              0
<TOTAL-REVENUES>                             1,410,572
<CGS>                                                0
<TOTAL-COSTS>                                1,217,890
<OTHER-EXPENSES>                              (11,074)
<LOSS-PROVISION>                                 4,436
<INTEREST-EXPENSE>                              65,832
<INCOME-PRETAX>                                133,488
<INCOME-TAX>                                    54,830
<INCOME-CONTINUING>                             78,658
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    78,658
<EPS-PRIMARY>                                     2.60
<EPS-DILUTED>                                     2.60
        

</TABLE>
### §460qqq–5. Right-of-way

Not later than 180 days after November 6, 2002, the Secretary shall convey to the City of Henderson the public right-of-way requested for public trail purposes under the application numbered N–76312 and the public right-of-way requested for public trail purposes under the application numbered N–65874.

(Pub. L. 107–282, title VI, §607, Nov. 6, 2002, 116 Stat. 2012.)
<PAGE>

                                                                    EXHIBIT 99.1

                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 Amendment No. 1 to the Quarterly Report of American Realty
Investors, Inc. (the "Company"), on Form 10-Q for the period ended March 31,
2003, as filed with Securities Exchange Commission on the date hereof (the
"Report"), I, Ronald E. Kimbrough, Executive Vice President and Chief Financial
Officer, Principal Financial and Accounting Officer and Acting Principal
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 result of operations of the Company.

Date:     May 20, 2003                       /s/ Ronald E. Kimbrough
     -----------------------                -----------------------------------
                                            Ronald E. Kimbrough
                                            Executive Vice President
                                            and Chief Financial Officer
                                            (Principal Financial and
                                            Accounting Officer and
                                            Acting Principal Executive Officer)

                                       42
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LOOKOUT

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OCHOCO CG.

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WALTON

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Legend

Project Area

Bandit Springs Recreation Area

Township and Range

Sections

Non-Forest Service Lands

Recreation Sites

Snowpark

Trialhead

Campground

Snow Shelter

Travel Routes

Arterial

Collector

Local

State

County

Trails

All Terrain Vehicle

Hiker/Pedestrian

Pack and Saddle

Snowmobile

Cross Country Ski

Endurance

0 0.5 1 2 3

Miles

33

4/3/2007

T:\r06\och\lom\project\eis_spears_2006\gis\arcmap\map16 - Recreation.mxd

27

22

Information displayed on this map was derived from multiple sources.

This map is only for graphic display and general planning purposes.

Inquiries concerning information displayed on our maps, their sources,

and intended uses should be directed to:

Ochoco National Forest

3160 NE Third Street

Prineville, Oregon 97754

(541) 416-6500

This map has no warranties to its contents or accuracy.

R 17 E

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**Exhibit 32.2**

** **

**Certificationof Chief Financial OfficerPursuant to Section 906 of the Sarbanes-Oxley Act of 2002**

 

Pursuantto 18 U.S.C. §1350, the undersigned Chief Financial Officer of Hilton HotelsCorporation (the “Company”), hereby certifies, to such officer’s knowledge,that the accompanying Annual Report on Form 10-K of the Company for theyear ended December 31, 2005 (the “Report”) fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 and that information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 
| Date: March 10, 2006 |                                                   |
|---------------------------|--------------------------------------------------------|
|                      | /s/ ROBERT M. LA FORGIA                                |   |
|                      | Robert M. La Forgia                                    |
| * *                  | *Executive Vice President and Chief Financial Officer* |

 

 

Theforegoing certification is being furnished solely to accompany the Reportpursuant to 18 U.S.C. §1350, and is not being filed for purposes of Section 18of the Securities Exchange Act of 1934, as amended, and is not to beincorporated by reference into any filing of the Company, whether made beforeor after the date hereof, regardless of any general incorporation language insuch filing.

 

----