alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 25,279

 26,356

 26,725

 26,013

 26,399

 25,771

 24,874

 23,108

 20,846

 20,691

 23,986

 26,003

 26,182

 26,052

 26,547

 26,982

 27,889

 27,954

 26,116

 24,771

 0

 22,902

 21,471

 20,630

 20,507

 22,356

 24,574

 25,183

 25,639

 26,173

 26,632

 11,539

 11,647

 11,250

 10,996

 10,710

 11,020

 11,063

 11,062

 10,997

 10,400

 12,408

 14,188

 14,145

 13,806

 13,300

 13,571

 12,900

 11,712

 10,547

 9,622

 0

 8,811

 8,855

 9,851

 9,963

 9,943

 12,056

 10,705

 10,471

 10,856

 10,574

 17,835

 18,486

 18,842

 18,774

 18,387

 18,367

 18,106

 17,235

 16,521

 15,966

 16,754

 18,515

 19,301

 19,475

 19,273

 20,046

 19,960

 19,072

 17,744

 17,413

 0

 15,461

 15,296

 15,602

 14,932

 15,054

 16,262

 16,680

 17,381

 18,065

 18,104

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JULY 2016 WATER QUALITY REPORT RUN DATE: August 10, 2016

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PORT CHICAGO BOTTOM IN SUISUN BAY
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY ELEVATION

 238.85

 238.89

 238.89

 239.98

 238.98

 239.18

 239.53

 239.40

 243.76

 245.15

 242.93

 243.54

 243.12

 242.67

 242.66

 243.26

 240.65

 246.45

 249.70

 246.72

 252.45

 252.43

 252.53

 252.45

 252.50

 252.51

 252.54

 252.53

 252.99

 252.46

 252.49

 335

 339

 339

 468

 348

 372

 414

 398

 1,083

 1,381

 924

 1,041

 959

 879

 877

 986

 560

 1,700

 2,712

 1,771

 3,899

 3,889

 3,938

 3,899

 3,924

 3,928

 3,943

 3,938

 4,168

 3,904

 3,919

STORAGE

+33

+4

+0

+129

-120

+24

+42

-16

+685

+298

-457

+117

-82

-80

-2

+109

-426

+1,140

+1,012

-941

+2,128

-10

+49

-39

+25

+4

+15

-5

+230

-264

+15

CHANGE

 320

 377

 390

 378

 386

 363

 346

 260

 112

 178

 263

 302

 273

 320

 254

 188

 183

 0

 321

 263

 827

 976

 683

 472

 624

 1,056

 1,187

 1,050

 1,163

 1,026

 1,084

 7,490

 7,400

 7,520

 7,620

 8,480

 10,800

 10,200

 9,760

 45,700

 28,000

 23,900

 26,500

 25,500

 24,800

 24,000

 32,000

 30,200

 48,800

 76,200

 42,350

 36,270

 32,310

 29,310

 29,910

 12,396

 19,110

 19,710

 19,111

 18,000

 17,670

 15,150

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

MAY 2005 RED BLUFF DIVERSION RESERVOIR DAILY OPERATIONS RUN DATE: October 26, 2005

IN LAKE

CANAL

 ACRE-FEET

TOTALS +3,617 15,625 746,167

ACRE-FEET +3,617 30,992 1,480,022

SUMMARY

RELEASE (ACRE-FEET)

TOTAL 1,511,784

 302

RELEASE

RIVER

CORNING TO SACTO

CANAL

RELEASE C.F.S.

TEHAMA

COLUSA

 7

 28

 0

 21

 8

 5

 0

 22

 5

 0

 0

 11

 0

 0

 0

 0

 0

 0

 18

 0

 0

 14

 4

 10

 33

 26

 36

 31

 28

 30

 51

 388

 770

CORNING CANAL 770

TEHAMA-COLUSA CANAL 30,992

TO SACTO RIVER 1,480,022

Table 9
'^•.^lAL com CAsfcilBMmi';J]g82ia W

COUKT OF AFPCALS MlSffim 04*i6-Q019**Cy ••-;k>. %• . . v.. ". ••• ir;

JOSC PEUZ. J1

mXTMMt

I

I

I

§

ZH THS Dzmia COOKI

?•

* * '

SALUD Cazares

. •*; e 83PIJ0DZCXAL DISTRXCT

VAI VERDE, COOHTT, TEXAS

' TO HAVE the

anTM

10 IHE UOCOU^ JUDGE OF SAID CXXfiTTi^.

Now CcBies, JcHM Pms, IDCJ# 01877049, Fstlttpmr, pm sa la tiie abova

intitli^ Oii^^ ^ E^suant to Xncu ^ ^ipoUato Feoeadun, nils 20.1 and iKHild|j^|

;show ths_ oourt ths foUnwiogt

I.

V

'A,

The Patltioner requsst a haarlag by sotloo, of his lndi«aoea, and asks tha

trial court clerk and the court rsporter to prspurs the appsUatad rasord with-, I

, ;-v

out pecvayasnt.

Ihia. court- laauad a default judgiaent against peeltlonac oo the I2th day.pf

January, 2016 >aA patitlooor filed his. notice of ^ipeal on tte I2th day of

' Pu

•V

2016. Patltiooer can show pcim facia ahowing of indigeney. lha trial court au»t .19

datexmlsia petitlpner'a finaiicial status at tlie time of appeal.

mm

UHESEECeE, PRfhISES Q0NSIS8SED, petitioner ^t this court grait this -.j.

application for a caccnd on appnnl at states aspmse.

•V,

2*1 :G Hd '^2AVH9!6Z

•d;H9^NV,-NV5.W

'"'IX iO 1,an-33'JH-i'N4

' •-r

'•ii n. # % i:

C:

01^7049

12th St.

BuntsvllAa, Texas 77348

ti:''
T- ...••fe

rn:- -

X| JoM favM, Jr., XDCI# 018770*9, hvlx% pcMonfely Imacecrated ia tha

vUl* Vtaik of tfaa XMsa Dopactewttt oC Crtolnel JutUe* la UiUnr •nnty,

6a hndy mmg undtt poMlfey of porjuiy that tho faeto onntoinori in tina foeo*

golnB Hatlon asa tx» and conaot. ,

iTawitii on this tho day of /f/^V ^ .2016.

1, Jeaa taw, Jr., 1S&X# 018770*9, cartlfy tliat a trua and oomct coyy of

tha focagolnt Notion haa tieon fonardad to tha foUoalngi

B»aautad an thla

CMMBOa

139 Locaan Or.

fialBlo, tteaa 7»*0

Oatrlnla T. Aboyta, Goub^ ONVfc at laa

ODnndHnaa, 400 Idott St. 7t6 fl.

P.O. bm tm

Oal Bio, Daxas

788*1-1431

2016.

Koharto V. Gbem

Xaaaa Rio Gcaoda U«a Aid

4^8. m»S5

Auatla, ISnaa 787S1

815 12th St.

l*0tavlllo, taxae 77SI6

a i
Electrical Conductivity, UMHOS

Day High Low Mean

1 0 0 0

2 0 0 0

3 0 0 0

4 0 0 0

5 0 0 0

6 0 0 0

7 0 0 0

8 0 0 0

9 0 0 0

10 0 0 0

11 0 0 0

12 0 0 0

13 0 0 0

14 0 0 0

15 0 0 0

16 0 0 0

17 0 0 0

18 0 0 0

19 0 0 0

20 0 0 0

21 0 0 0

22 0 0 0

23 0 0 0

24 0 0 0

25 0 0 0

26 0 0 0

27 0 0 0

28 0 0 0

29 0 0 0

30 0 0 0

31 0 0 0

COMMENT(S): 0 reading indicates that the station was out of service.

Historical Archive and Report Database

Pittsburg Bottom On The Sacramento River

Run Date: 4/14/2024

March 2024
Exhibit






EXHIBIT 10.1




Amendment No. 3 to the
Pfizer Supplemental Savings Plan (the “PSSP”)
(Amended and Restated as of January 1, 2016)


*     *     *




(New material underlined; deletions crossed out)




		
	1.
	New Appendix G is added to read as follows:




APPENDIX G


SPECIAL PROVISIONS APPLICABLE TO LEGACY EMPLOYEES TRANSFERRED TO EMPLOYMENT WITH ALLOGENE THERAPEUTICS, INC.


Effective as of April 30, 2018, this Appendix G sets out the additional provisions that apply to those certain employees of the Company (the “Legacy Allogene Employees”) whose employment is transferred as of April 30, 2018, May 10, 2018, May 15, 2018 and May 30, 2018 (for each Legacy Employee as applicable, the “Termination Date”) to Allogene Therapeutics, Inc. pursuant to that certain Asset Contribution Agreement (the “Agreement”), dated April 2, 2018, by and between Pfizer Inc., a Delaware corporation (“Company”), and Allogene Therapeutics, Inc., a Delaware corporation (“Allogene”):


		
	1.
	The definition of Regular Earnings under the Plan for Legacy Allogene Employees shall have the meaning as set forth in the Qualified Plan, except that for clarification purposes, with respect to Legacy Allogene Employees who are eligible to defer their bonus under the Pfizer Deferred Compensation Plan, the limitations on the definition of Regular Earnings for any Legacy Allogene Employees set forth in Article XXXII of the Qualified Plan shall also include any deferred bonuses. For Legacy Allogene Employees, any prorated portion of an annual target bonus for 2018 paid (including if deferred) in accordance with the Agreement shall be considered Regular Earnings.




		
	2.
	For Legacy Allogene Employees, for purposes of any Matching Contribution paid with respect to the 2018 plan year, the applicable Termination Date for each Legacy Employee shall be considered to have occurred on the last day of the second quarter of 2018.




		
	3.
	For Legacy Allogene Employees, for purposes of the Retirement Savings Contribution paid with respect to the 2018 plan year, the applicable Termination Date for each Legacy Employee shall be considered to have occurred on the last day of 2018. For purposes of clarification, with respect to any Legacy Allogene Employee eligible under the Pfizer Consolidated Pension Plan on December 31, 2017 (the “Pension Transfers”), the Retirement Savings Contribution shall not include bonuses paid reflecting services performed by the Pension Transfer in 2017 and paid in 2018.




		
	4.
	Effective as of the applicable Termination Date for each Legacy Employee, any unvested Retirement Savings Contributions in the Accounts of Legacy Allogene Employees shall be vested.
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 ALCO, Inc. (the "Company") on Form 10-Q for the period ended March 31, 2008 (the "Report"), I, Andrew Liu, Chief Executive Officer and Chairman 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 requirement 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 Company's financial position and results of operations.    /s/ Andrew Liu  Andrew Liu, Chief Executive Officer and Chairman  Date: May 14, 2008
§ 411.220 What if my ticket is no longer assigned to an EN or State VR agency? ( a ) If your ticket was once assigned to an EN or State VR agency acting as an EN and is no longer assigned, you are eligible for an extension period of up to 90 days to reassign your ticket. You are eligible for an extension period if your ticket is in use and no longer assigned because— ( 1 ) You retrieved your ticket because you were dissatisfied with the services being provided (see § 411.145(a)) or because you relocated to an area not served by your previous EN or State VR agency; or
( 2 ) Your EN went out of business, is no longer approved to participate as an EN in the Ticket to Work program, or is no longer willing or able to provide you with services as described in § 411.145(b), or your State VR agency stopped providing services to you as described in § 411.145(b).
( b ) During the extension period, the ticket will still be considered to be in use. This means that you will not be subject to continuing disability reviews during this period.
( c ) Time spent in the extension period will not count toward the time limitations for the timely progress guidelines.
( d ) The extension period— ( 1 ) Begins on the first day on which the ticket is no longer assigned (see § 411.145); and
( 2 ) Ends 90 days after it begins or when you assign your ticket to a new EN or State VR agency, whichever is sooner.
( e ) If you do not assign your ticket by the end of the extension period, the ticket will no longer be in use and you will once again be subject to continuing disability reviews.
[66 FR 67420, Dec. 28, 2001, as amended at 73 FR 29344, May 20, 2008]
USGS HomeContact USGSSearch USGS

Open-File Report 2014-1203

### Maps Showing Bathymetry and Modern Sediment Thickness on the Inner Continental Shelf Offshore of Fire Island, New York, Pre-Hurricane Sandy

----

/     Title Page /        List of Figures /        Conversion Factors /        Abstract /        Introduction /        Geologic Setting   /       Methods   /       Data Catalog /       Acknowledgments  /        References Cited /        Index /         

----

AccessibilityFOIAPrivacyPolicies and Notices

U.S. Department of the Interior |            U.S. Geological Survey                                                URL: http://pubs.usgs.gov/of/2014/1203/ofr2014-1203-figure5.html            Page Contact Information: GS Pubs Web Contact                        Page Last Modified: Friday, November 07, 2014, 12:35:40 PM
### SUBCHAPTER I—FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND RESTRAINTS
| Subsidiary                      | Country      of Incorporation |
|---------------------------------|-------------------------------|
| Galveston      Navigation Inc.  | Marshall      Islands         |
| Beaumont      Navigation Inc.   | Marshall      Islands         |
| Carrolton      Navigation Inc.  | Marshall      Islands         |
| Decatur      Navigation Inc.    | Marshall      Islands         |
| Elgin      Navigation Inc.      | Marshall      Islands         |
| Fulton      Navigation Inc.     | Marshall      Islands         |
| Orange      Navigation Inc.     | Marshall      Islands         |
| Baytown      Navigation Inc.    | Marshall      Islands         |
| Tyler      Navigation Inc.      | Marshall      Islands         |
| Pasedena      Navigation Inc.   | Marshall      Islands         |
| Sunray      Navigation Inc.     | Marshall      Islands         |
| Nederland      Navigation Inc.  | Marshall      Islands         |
| Lakeview      Navigation Inc.   | Marshall      Islands         |
| Abilene      Navigation Inc.    | Marshall      Islands         |
| Hamilton      Navigation Inc.   | Marshall      Islands         |
| Lemanville      Navigation Inc. | Marshall      Islands         |
| Turneville      Navigation Inc. | Marshall      Islands         |
| Omega      Management Inc.      | Marshall      Islands         |
| Omnicrom      Holdings Ltd.     | Marshall      Islands         |
| Omega      Navigation (USA) LLC | USA                           |
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 14,312

 18,426

 20,279

 22,985

 23,788

 23,429

 23,754

 24,552

 24,037

 24,498

 25,179

 25,616

 23,796

 21,449

 19,644

 19,189

 18,805

 20,625

 21,620

 22,018

 22,906

 21,895

 21,867

 21,181

 20,853

 20,777

 19,240

 18,065

 17,888

 17,947

 18,772

 4,662

 4,741

 7,067

 11,092

 11,811

 11,015

 11,673

 11,887

 11,217

 11,496

 11,444

 11,820

 12,534

 11,831

 10,397

 10,367

 9,936

 10,795

 11,279

 11,094

 11,120

 9,483

 8,812

 9,060

 8,760

 8,923

 9,004

 8,619

 8,943

 9,794

 9,830

 10,260

 12,527

 13,211

 16,189

 17,679

 17,505

 17,683

 18,222

 17,844

 18,116

 18,521

 18,958

 18,548

 16,878

 16,145

 15,559

 15,221

 15,296

 15,575

 16,232

 16,913

 15,856

 15,748

 15,227

 14,626

 15,151

 14,394

 13,926

 14,160

 14,512

 14,608

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

DECEMBER 2011 WATER QUALITY REPORT RUN DATE: February 2, 2012

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PORT CHICAGO BOTTOM IN SUISUN BAY
###### Editorial Note on Part 416

#### Editorial Note:

Nomenclature changes to part 416 appear at 68 FR 53509, Sept. 11, 2003.

#### § 416.1093 Limitation on State expenditures after notice.

The State agency may not, after it receives the notice referred to in § 416.1090, or gives the notice referred to in § 416.1091, make any new commitments to spend funds allocated to it for performing the disability determination function without the approval of the appropriate SSA regional commissioner. The State will make every effort to close out as soon as possible all existing commitments that relate to performing the disability determination function.
### §2657. Custody of seals and property

The Secretary of State shall have the custody and charge of the seal of the Department of State, and of all the books, records, papers, furniture, fixtures, and other property which on June 22, 1874, remained in and appertained to the Department, or were thereafter acquired for it.

(R.S. §203.)

#### **Editorial Notes**

#### Codification

R.S. §203 derived from acts July 27, 1789, ch. 4, §§2, 4, 1 Stat. 29; Sept. 15, 1789, ch. 14, §7, 1 Stat. 69.

Section was formerly classified to section 158 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.
§ 408.232 When do you lose your foreign resident status? ( a ) *General rule.* We consider you to have lost or abandoned your residence outside the United States if you: ( 1 ) Enter the United States and stay for more than 1 full calendar month (see § 408.234 for exceptions to this rule);
( 2 ) Tell us that you no longer consider yourself to be residing outside the United States; or
( 3 ) Become eligible (as defined by title XVI) for SSI benefits.
( b ) *Resumption of SVB following a period of U.S. residence.* Once you lose or abandon your residence outside the United States, you cannot receive SVB again until you meet all the requirements for SVB qualification and reestablish your residence outside the United States.
Example: You leave your home outside the United States on June 15 to visit your son in the United States and return to your home abroad on August 15. Your SVB payments will continue for the months of June and July. However, because you were in the United States for the entire calendar month of July (*i.e.,* all of the first day through all of the last day of July), you are not entitled to an SVB payment for the month of August. Your SVB payments resume with September, the month you reestablished your residence outside the United States.
#### § 404.735 Evidence you are the grandchild or stepgrandchild.

If you are the grandchild or stepgrandchild of the insured person, we will ask you for the kind of evidence described in §§ 404.731 through 404.733 that shows your relationship to your parent and your parent's relationship to the insured.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY HIGH

 75

 78

 92

 94

 100

 106

 103

 99

 101

 105

 99

 109

 106

 103

 104

 103

 102

 96

 107

 104

 101

 104

 100

 102

 106

 104

 106

 106

 106

 103

 72

 74

 78

 89

 88

 97

 94

 93

 92

 93

 92

 93

 96

 94

 94

 93

 94

 93

 98

 94

 94

 91

 93

 92

 95

 94

 94

 93

 93

 94

 73

 76

 82

 91

 94

 101

 97

 96

 96

 98

 95

 101

 99

 97

 98

 97

 96

 93

 103

 98

 98

 96

 94

 96

 101

 99

 98

 97

 99

 96

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

NOVEMBER 2011 WATER QUALITY REPORT RUN DATE: February 2, 2012

HIGH LOW MEAN

 56.0

 54.9

 54.7

 54.8

 54.2

 54.3

 54.2

 53.5

 52.9

 53.6

 53.9

 54.9

 55.4

 55.8

 55.3

 55.0

 54.5

 54.7

 54.5

 54.0

 53.8

 53.3

 52.7

 53.5

 53.4

 54.0

 53.7

 53.9

 53.4

 53.6

 55.1

 53.8

 53.4

 53.7

 53.1

 53.3

 53.0

 52.2

 51.5

 51.5

 52.3

 53.0

 53.7

 54.2

 53.7

 53.1

 52.9

 53.7

 53.4

 53.3

 52.6

 52.1

 51.5

 52.1

 52.3

 52.9

 53.2

 52.9

 52.9

 52.7

 55.5

 54.4

 54.1

 54.3

 53.6

 53.7

 53.5

 52.9

 52.3

 52.3

 52.8

 53.9

 54.5

 54.9

 54.5

 54.0

 53.7

 54.1

 54.0

 53.7

 53.2

 52.7

 52.1

 52.6

 52.9

 53.5

 53.4

 53.3

 53.0

 53.0

HIGH LOW MEAN

 9.8

 9.8

 9.5

 9.0

 9.0

 9.0

 9.3

 9.6

 9.7

 9.7

 9.6

 9.4

 9.3

 9.4

 9.5

 9.5

 9.6

 9.6

 9.5

 9.5

 9.7

 9.9

 9.9

 9.9

 9.9

 9.8

 9.8

 9.9

 9.8

 9.8

 9.7

 9.3

 8.7

 8.7

 8.7

 8.7

 8.8

 9.3

 9.5

 9.5

 9.3

 9.1

 9.2

 9.2

 9.2

 9.3

 9.4

 9.4

 9.3

 9.3

 9.4

 9.7

 9.8

 9.7

 9.7

 9.6

 9.6

 9.6

 9.7

 9.6

 9.8

 9.6

 9.2

 8.9

 8.9

 8.9

 9.1

 9.4

 9.6

 9.6

 9.5

 9.3

 9.2

 9.3

 9.4

 9.4

 9.5

 9.5

 9.4

 9.4

 9.6

 9.8

 9.8

 9.8

 9.8

 9.7

 9.7

 9.8

 9.7

 9.7

Comments:

0 reading indicates that the station was out of service.

RIPON ON THE STANISLAUS RIVER

 ELECTRICAL CONDUCTIVITY, UMHOS WATER TEMPERATURE, DEG DISSOLVED OXYZEN, PPM
**Exhibit 32.1**

**Certification ofPrincipal Executive OfficerPursuant toSection 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)**

In connection withthe Annual Report on Form 10-K for the year ended December 31,2006 (the “Report”) of ATS Corporation (the “Registrant”), as filed with theSecurities and Exchange Commission on the date hereof, I, Edward H. Bersoff,Chairman, President and Chief Executive Officer of the Registrant, herebycertify that:

(1)   The Reportfully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and

(2)   The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Registrant.
| Date: March 26, 2007 |   | By:    |       | /s/ EDWARD H. BERSOFF                           |
|---------------------------|--------|--------|------------|------------------------------------------------------|
|                      |   |   | ** ** | **Edward  H. Bersoff**                               |
|                      |   |   | ** ** | **Chairman,  President and Chief Executive Officer** |
|                      |   |   | ** ** | **(Principal  Executive Officer)**                   |

 

----
### §9608. Authorization of appropriations

There are authorized to be appropriated to carry out this subchapter $80,000,000 for fiscal year 2003 and such sums as may be necessary for each of the 5 succeeding fiscal years.

(Pub. L. 107–279, title II, §209, Nov. 5, 2002, 116 Stat. 1982.)
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-7965

ODELL EWING, a/k/a Odell Lee Ewing Bey,

Petitioner – Appellant,

v.

SECRETARY REUBEN YOUNG,

Respondent – Appellee,

and

STATE OF NORTH CAROLINA,

Respondent.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. James C. Dever III, 

Chief District Judge. (5:11-hc-02173-D)

Submitted: February 21, 2013 Decided: February 26, 2013

Before AGEE and DAVIS, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Dismissed by unpublished per curiam pinion.

Odell Ewing, Appellant Pro Se. Mary Carla Hollis, Assistant 

Attorney General, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Odell Ewing seeks to appeal the district court’s order 

denying relief on his 28 U.S.C. § 2254 (2006) petition. The 

order is not appealable unless a circuit justice or judge issues 

a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A)

(2006). 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) (2006). 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 petition 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 Ewing has not made the requisite showing. Accordingly, we 

deny Ewing’s motion to compel, deny a certificate of 

appealability, and dismiss the appeal. We dispense with oral 

argument because the facts and legal contentions are adequately 
3

presented in the materials before this court and argument would 

not aid the decisional process.

DISMISSED