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

DAY ELEV

 1,199.01

 1,198.58

 1,198.44

 1,198.27

 1,198.38

 1,198.61

 1,198.68

 1,198.49

 1,198.33

 1,198.16

 1,198.22

 1,198.28

 1,198.26

 1,198.24

 1,198.08

 1,198.13

 1,198.25

 1,198.31

 1,198.32

 1,198.20

 1,198.18

 1,198.06

 1,197.99

 1,198.13

 1,198.22

 1,198.06

 1,198.14

 1,198.29

 1,198.11

 1,198.26

 207.2

 205.9

 205.5

 205.0

 205.3

 206.0

 206.2

 205.7

 205.2

 204.7

 204.9

 205.0

 205.0

 204.9

 204.4

 204.6

 204.9

 205.1

 205.2

 204.8

 204.7

 204.4

 204.2

 204.6

 204.9

 204.4

 204.6

 205.1

 204.5

 205.0

STORAGE

-1.3

-1.3

-0.4

-0.5

+0.3

+0.7

+0.2

-0.6

-0.5

-0.5

+0.2

+0.2

-0.1

-0.1

-0.5

+0.1

+0.4

+0.2

+0.0

-0.4

-0.1

-0.4

-0.2

+0.4

+0.3

-0.5

+0.2

+0.4

-0.5

+0.4

CHANGE

-92

-54

35

-9

417

602

376

-19

5

8

402

406

219

218

46

329

630

375

261

106

218

75

142

489

385

5

373

467

-23

468

INFLOW

 344

 353

 14

 14

 22

 30

 42

 33

 16

 34

 86

 87

 19

 17

 52

 18

 227

 24

 17

 57

 21

 20

 15

 16

 23

 14

 25

 14

 14

 15

PP

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 235

 226

 226

 227

 227

 227

 227

 227

 227

 227

 227

 227

 227

 228

 228

 233

 222

 260

 224

 225

 225

 228

 228

 228

 228

 228

 228

 228

 228

 228

OUTLETS

 3

 6

 3

 3

 5

 3

 3

 3

 0

 0

 0

 3

 3

 3

 3

 4

 3

 2

 5

 2

 2

 5

 3

 37

 0

 0

 2

 2

 2

 2

C.F.S.

 .04

 .07

 .04

 .04

 .06

 .03

 .03

 .03

 .00

 .00

 .00

 .04

 .04

 .04

 .04

 .05

 .03

 .02

 .06

 .02

 .02

 .06

 .04

 .43

 .00

 .00

 .02

 .02

 .02

 .02

INCHES

UNITED STATES DEPARTMENT OF THE INTERIOR

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

NOVEMBER 2015 WHISKEYTOWN LAKE DAILY OPERATIONS RUN DATE: December 1, 2015

IN LAKE

EVAP.

C.F.S. * FRANCIS

COMPUTED

1000 ACRE-FEET

RELEASE - C.F.S. 

TOTALS -3.9 6,860 6,854 0 1,683 112 1.31

ACRE-FEET -3.9 13,607 13,595 0 3,338 222

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES AND EVAPORATION.

(1) WATER TO CLEAR CREEK BEING DISCHARGED THROUGH 972.00-1110.00 ELEVATION OUTLET.

SUMMARY

RELEASE (ACRE-FEET)

POWER 3,338

SPILL 0 16,933

 208.5

OUTLET 13,595

TOTAL

JUDGE

CARR PP

(1)

 17

 10

 86

 55

 501

 685

 439

 10

 17

 81

 466

 457

 289

 285

 10

 367

 662

 378

 278

 147

 234

 118

 153

 439

 439

 81

 441

 508

 46

 502

 8,201

 16,267

FROM

TO

SPRING CR.

TO CLEAR CR

CLEAR

CR.

NATURAL

FLOW

-109

-64

-51

-64

-84

-83

-63

-29

-12

-73

-64

-51

-70

-67

 36

-38

-32

-3

-17

-41

-16

-43

-11

 50

-54

-76

-68

-41

-69

-34

-1,341

-2,660

 .00

 .00

 .02

 .00

 .00

 .00

 .00

 .00

 .16

 .20

 .20

 .02

 .00

 .00

 .00

 .05

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .25

 .02

 .02

 .00

 .00

 .00

 .00

 .94

PRECIP

INCHES

PRECIPITATION

 .94

 3.33

THIS MONTH

JULY 1, 2015 TO DATE
(No. 872

Claimant awarded $825.28.)

#### First Trust & Savings Bank of Peoria as Trustee of the Estate of Alexander S. Payson, Deceased, Claimant, *vs.*State of Illinois, Respondent.

*Opinion filed April 16, 1925.*

Inheritance *tax*— when *claimant entitled to refund. Bee. 25.*There being no dispute as to the facts in this case, and no objection by the State, the court enters an award to claimant for the difference between the amount of the tax paid by legatees, under Sec. 25, Inheritance Tax Law, and the tax assessed against them under the supplemental order entered by the county court.

Irwin & Jack, for claimant.

Oscar E. Carlstrom, Attorney General ; S. S. DuHamel, Assistant Attorney General, for respondent.

Mr. Justice Phillips

delivered the opinion of the court:

The claimant, First Trust and Savings Bank of Peoria, as trustee of the estate of Alexander S. Payson, deceased, filed this claim, seeking a refund on account a finding on a reassessment of the inheritance tax under Sec. 25 of the Inheritance Tax Laws of the State of Illinois. It appears from the evidence that Alexander S. Payson, late a resident of Peoria county, State of Illinois, departed this life about November 7,1914, testate, and on the 16th day of February, 1915, the will of deceased was duly admitted to probate. The will is quite lengthy and duly certified copies of same, and all orders, appraisements, etc., are filed in evidence herein.

The court deems it unnecessary to set out in its opinion in detail the provisions of the will, but to simply show the finding and order of the county court on petition for re-assessment and refund of inheritance taxes.

It happens that the tax upon the bequests of Benjamin Sewel Blake and Agnes Blake Fitzgerald was upon bequests which were conditional in their nature, and which would lapse and become a part of the residuary estate of said deceased on certain contingencies.

The total amount of inheritance taxes so assessed against the interests of these two legatees was $1213.43.

A supplemental order was subsequently made in which the county court found that the amount of such taxes against the said last named legatees should only be -$388.15, thus *113leaving the sum of $825.28 refund to which claimant in its official capacity with interest thereon at 3% per annum from April 16, 1915, was entitled.

The Attorney General consents to an award to claimant in the sum claimed. The court accordingly awards claimant the sum of $825.28.
#### Tate *vs.*Tate.

1. It is tlie settled rule of this court that a divorce *a vincub*will not be granted on the testimony of the complainant alone, as to the cause of ■divorce.

2. It is not enough in a suit for divorce, that the fact of desertion is sworn to ; tlie circumstances must be proved.

*56On bill for divorce, for desertion. On final hearing, on bill, master’s report and proofs.

The Chancellor.

The only evidence in this cause is the testimony of the complainant himself. It is the settled rule of this court that a divorce *a vinculo*will not be granted on the testimony of the complainant alone, as to the cause of divorce. *Woodworth*v. *Woodworth,*6 C. *E. Green*251; *Palmer*v. *Palmer,*7 *C. E. Green*88. But, apart from the rule, the complainant swears that he was married to the defendant, that he supported her for about four years after the marriage, and that for five years last past his wife has deserted him, and that her desertion, for all that time, has been willful, continued and obstinate, and without any just cause, whatever. The circumstances of the alleged desertion are not sworn to, but the fact only. This is not sufficient. *Rogers*v. *Rogers,*3 *C. E. Green*445 *; Test*v. *Test,*4 *C. E. Green*342; *Leaning*v. *Leaning,*10 *C. E. Green*241.

The order for publication was published, and a copy of it mailed. This is not in accordance with the requirements of the rules of the court on the subject. *Rules*24, 25, 26.

The master has not observed the directions of the 159th rule.

Thé decree of divorce must be denied, and the bill dismissed.
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 ELEV

 508.20

 508.94

 509.05

 508.89

 509.30

 509.16

 508.90

 508.22

 508.79

 508.30

 508.39

 508.38

 508.59

 508.75

 508.57

 508.61

 508.90

 508.93

 508.61

 508.37

 508.21

 507.96

 508.58

 508.68

 508.33

 508.62

 508.71

 508.72

 507.90

 509.15

 64,735

 65,646

 65,782

 65,585

 66,094

 65,920

 65,597

 64,760

 65,461

 64,858

 64,969

 64,957

 65,215

 65,412

 65,191

 65,240

 65,597

 65,634

 65,240

 64,944

 64,748

 64,441

 65,203

 65,326

 64,895

 65,252

 65,363

 65,375

 64,368

 65,907

STORAGE

-948

+911

+136

-197

+509

-174

-323

-837

+701

-603

+111

-12

+258

+197

-221

+49

+357

+37

-394

-296

-196

-307

+762

+123

-431

+357

+111

+12

-1,007

+1,539

CHANGE

896

1,851

1,458

1,231

1,603

1,430

1,476

1,149

2,047

1,461

1,818

1,709

1,836

1,827

1,690

1,856

2,018

1,794

1,595

1,651

1,690

1,569

2,062

1,751

1,530

2,002

1,924

1,974

1,449

2,739

INFLOW

 1,358

 1,374

 1,371

 1,316

 1,328

 1,504

 1,618

 1,553

 1,672

 1,742

 1,745

 1,697

 1,692

 1,709

 1,785

 1,814

 1,823

 1,761

 1,776

 1,782

 1,768

 1,705

 1,660

 1,671

 1,730

 1,808

 1,854

 1,952

 1,939

 1,943

POWER

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

OUTLET

 16

 18

 18

 14

 18

 14

 21

 18

 22

 23

 17

 18

 14

 19

 16

 17

 15

 14

 18

 18

 21

 19

 18

 18

 17

 14

 14

 16

 18

 20

C.F.S.

UNITED STATES DEPARTMENT OF THE INTERIOR

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

JUNE 2014 TULLOCH RESERVOIR DAILY OPERATIONS RUN DATE: 07/01/2014

RES.

EVAP

C.F.S.

COMPUTED*

ACRE-FEET

RELEASE - C.F.S. 

TOTALS +224 51,086 50,450 0 0 523

ACRE-FEET +224 101,329 100,068 0 0 1,037

SUMMARY

RELEASE (ACRE-FEET)

POWER 100,068

SPILL 0 100,068

 65,683

OUTLET 0

TOTAL 

NEW

MELONES

RELEASE (1)

 880

 1,827

 1,493

 1,222

 1,581

 1,444

 1,468

 1,157

 2,019

 1,470

 1,815

 1,700

 1,833

 1,804

 1,692

 1,865

 2,020

 1,785

 1,616

 1,655

 1,678

 1,581

 2,043

 1,781

 1,539

 1,940

 1,889

 1,938

 1,409

 2,684

 50,828

 100,817

*COMPUTED INFLOW IS SUM OF CHANGE IN STORAGE, RELEASES, AND

EVAPORATION.
<PAGE>

                                                                   EXHIBIT 3.1.2

DEAN HELLER                                                     Filed #C30850-00
Secretary of State                                              Nov 03 2004
204 North Carson Street, Suite 1
Carson City, Nevada 89701-4299
(775) 684 5708
Website:  secretaryofstate.biz

CERTIFICATE OF AMENDMENT
(PURSUANT TO NRS 78.385 AND 78.390)
<TABLE>
<S>                                                                <C>
Important:  Read attached instructions before completing form.     ABOVE SPACE IS FOR OFFICE USE ONLY
</TABLE>


              CERTIFICATE OF AMENDMENT TO ARTICLES OF INCORPORATION
                         FOR NEVADA PROFIT CORPORATIONS

          (PURSUANT TO NRS 78.385 AND 78.390 - AFTER ISSUANCE OF STOCK)


1.    Name of corporation:

            MYOCASH, INC.

2.    The articles have been amended as follows (provide articles numbers, if
      available):

            ARTICLE I HAS BEEN AMENDED TO READ IN ITS ENTIRETY AS FOLLOWS:

                  THE NAME OF THE CORPORATION IS: FAMILY HOME HEALTH SERVICES
                  INC.


3. The vote by which the stockholders holding shares in the corporation
entitling them to exercise at least a majority of the voting power, or such
greater proportion of the voting power as may be required in the a case of a
vote by classes or series, or as may be required by the provisions of the
articles of incorporation have voted in favor of the amendment is:

            100%


4.    Effective date of filing (optional):


5.    Officer Signature (required): /s/ Marvin Winick



*If any proposed amendment would alter or change any preference or any relative
or other right given to any class or series of outstanding shares, then the
amendment must be approved by the vote, in addition to the affirmative vote
otherwise required, of the holders of shares representing a majority of the
voting power of each class or series affected by the amendment regardless of
limitations or restrictions on the voting power thereof.

IMPORTANT: Failure to include any of the above information and submit the proper
fees may cause this filing to be rejected.
### [SUBCHAPTER III—RESERVED]
Trace Metal Geochemistry and 

Mobility in the Marcellus Shale

Tracy Bank

Department of Geology

University at Buffalo
Marcellus Shale Samples

• 22 samples including core, outcrop and well cuttings

• All samples from NY and northern PA

• 16 core and outcrop samples analyzed
Shale Mineralogy & Geochemistry

• Mineralogy is dominated by quartz (19-56%), 

calcite (.3-15%), feldspars (few %), pyrite (.3-7%), 

and clay minerals (42-69%)

• Clay minerals are dominated by illite, Fe-chlorite, 

Mg-chlorite, and kaolinite

• Total Organic Carbon (TOC) of samples ranges 

from 2.4 – 13.7 wt %

• Mineralogy of outcrop and core samples differs 

slightly 

– Cores contain more calcite (up to 15 wt%)

– Outcrops contain more quartz ( 47 wt % vs ~30 wt%)
0

50

100

150

200

250

300

350

400

450

500

Metal Concentration (ppm)

As Co Cr Cs Mo Rb Sb Sc Th U Zn

Outcrop (n=5) 

Core (n=9) Max Co = 44 ppm

Max Mo = 255 ppm

Max Zn = 2290 ppm

Max Cr = 100 ppm
Uranium in the Marcellus Shale

• Uranium concentrations range from 8-53 ppm

• Concentrations up to 100 ppm reported in 

other studies

• Uranium is elevated due to reducing 

conditions in the shale which likely favour

insoluble U(IV) and/or U sorption onto organic 

matter

• Uranium is positively correlated to TOC
Uranium vs TOC

y = 4.0455x + 2.591

R2 = 0.4847

0

10

20

30

40

50

60

0 2 4 6 8 10 12 14

U (ppm)

TOC (wt %)
Uranium vs TOC

y = 5.6194x - 7.2779

R2 = 0.1693

y = 3.8975x + 4.1445

R2 = 0.5643

0

10

20

30

40

50

60

70

0 5 10 15

U (ppm)

TOC (wt %)

Outcrop

Cutting

Core
ELEMENT MAPPING TOF SIMS

• Used to identify 

physical and 

chemical 

relationship 

between metals 

and organic 

matter
Uranium and Hydrocarbons

Hydrocarbon UH+
Uranium and Hydrocarbons
Chromium and Uranium
Uranium Mobility 

-80

-70

-60

-50

-40

-30

-20

-10

0

% Change

Outcrop Samples

Core samples
Results to Date

• Heavy (and toxic) metals are associated with 

the organic matter in the Marcellus Shale

• Association is both physical and chemical

• Metal concentrations increase in the most 

organic-rich shales

• A percentage of the metal is extractable by 

HCl and oxidizing fluids

• Flowback fluids are going to be “enriched” in 

these heavy metals
#### § 3185.1 Appeals.

Any party adversely affected by an instruction, order, or decision issued under the regulations in this part may request an administrative review before the State Director under § 3165.3 of this title. Any party adversely affected by a decision of the State Director after State Director review may appeal that decision as provided in part 4 of this title.

[58 FR 58633, Nov. 2, 1993]
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

 510

 491

 507

 499

 497

 569

 559

 484

 509

 549

 525

 530

 508

 504

 489

 501

 505

 496

 493

 489

 460

 458

 460

 461

 473

 488

 496

 513

 533

 537

 447

 448

 453

 448

 442

 453

 454

 458

 461

 459

 453

 448

 439

 425

 437

 432

 430

 429

 420

 428

 431

 434

 435

 439

 447

 456

 467

 480

 492

 504

 455

 456

 462

 458

 462

 482

 470

 468

 472

 475

 470

 465

 458

 453

 454

 453

 449

 447

 444

 441

 442

 442

 443

 446

 457

 469

 481

 494

 507

 519

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

NOVEMBER 2008 WATER QUALITY REPORT RUN DATE: December 5, 2008

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

VICTORIA CANAL ON THE MIDDLE RIVER
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

DAY HIGH

 851

 845

 877

 909

 948

 932

 936

 941

 964

 959

 928

 815

 765

 696

 689

 681

 670

 692

 726

 737

 767

 684

 560

 444

 435

 440

 442

 468

 799

 777

 830

 845

 885

 894

 856

 879

 921

 894

 803

 730

 656

 652

 625

 616

 635

 639

 657

 665

 696

 558

 424

 407

 404

 395

 422

 442

 828

 830

 856

 885

 913

 914

 913

 907

 942

 925

 876

 781

 702

 670

 666

 657

 651

 663

 690

 690

 721

 620

 512

 414

 419

 416

 432

 456

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

FEBRUARY 2001 WATER QUALITY REPORT RUN DATE: March 13, 2001

ELECTRICAL CONDUCTIVITY, UMHOS 

30 DAY

ACCUM

MEAN

30 DAY

AVG 

MEAN

 22,702

 22,809

 22,883

 22,983

 23,102

 23,203

 23,321

 23,487

 23,680

 23,900

 24,147

 24,307

 24,391

 24,420

 24,431

 24,378

 24,257

 24,131

 24,014

 23,902

 23,808

 23,570

 23,214

 22,767

 22,360

 22,004

 21,704

 21,443

 757

 760

 763

 766

 770

 773

 777

 783

 789

 797

 805

 810

 813

 814

 814

 813

 809

 804

 800

 797

 794

 786

 774

 759

 745

 733

 723

 715

Comments:

0 reading indicates that the station was out of service.

30 DAY ACCUM MEAN and 30 DAY AVG MEAN columns are 30 day runnings, except for April 1 and September 1, 

 where they do not go back 30 days.

VERNALIS ON THE SAN JOAQUIN RIVER
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                       2,822,300
<SECURITIES>                                         0
<RECEIVABLES>                                   35,800
<ALLOWANCES>                                         0
<INVENTORY>                                  7,378,200
<CURRENT-ASSETS>                            11,221,200
<PP&E>                                      73,657,800
<DEPRECIATION>                              16,726,000
<TOTAL-ASSETS>                              73,015,800
<CURRENT-LIABILITIES>                       12,658,500
<BONDS>                                      5,209,800
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       465,000
<OTHER-SE>                                  95,422,100
<TOTAL-LIABILITY-AND-EQUITY>                73,015,800
<SALES>                                     22,866,600
<TOTAL-REVENUES>                            22,866,600
<CGS>                                       18,160,100
<TOTAL-COSTS>                               18,160,100
<OTHER-EXPENSES>                             5,258,700
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             513,600
<INCOME-PRETAX>                              1,248,000
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,248,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,248,000
<EPS-BASIC>                                       0.03
<EPS-DILUTED>                                     0.03


</TABLE>
#### STATE, Plaintiff, v. WILCOX, Defendant.

(205 N. W. 708.)

(File No. 6098.

Opinion filed October 28, 1925.)

1. Criminal Law — Bail—Appeal and Error — Supreme Court Will Not Interfere With Action of Circuit Court Concerning Bail, Except for Manifest Error.

Supreme Court will not interfere with action of circuit court cpncerning- bail, except for manifest error.

3. Bail — Application to Supreme Court Dismissed Where Circuit Court Had Granted Bail.

That circuit judge had granted order fixing' bail prior to application therefor to Supreme- Court held ground for dismissing such application.

Original application by Frank Wilcox for-bail,

-Application dismissed.

*Bu\ell F. Jones,*Attorney General, and *L. M. Gable,*State's Attorney, of Wagner, for the State.

*Ho'use & Eastman,*of Chamberlain, for Defendant.

MORIARTY, C.

The defendant, Frank Wilcox, on the 15th day of September, 1925, applied to this court for an order fixing bail in the above-entitled action.

The defendant was tried in the circuit court of Charles Mix county, and was convicted therein of the crime of murder. He was sentenced to life imprisonment in the state penitentiary, and from the judgment on such conviction he appealed to this court. 'Upon the appeal the judgment of conviction was reversed and a new trial ordered. State v. Wilcox, 48 S. D. 289, 204 N. W. 369.

Upon the presentation of the application for order fixing bail *647the presiding judge issued an order to show cause fixing the 7th day of October, 1925, for the hearing of said application. At the date set for the hearing counsel were given time for filing briefs, but before the expiration of the time for briefing it was shown to the satisfaction of this court that on the 27th day of August, 1925, the honorable A. B. Beck, one of the judges of the First judicial circuit, issued an order fixing the amount oí the defendant’s bond in this action. Any jurisdiction which this court may have in cases of this class is also granted to circuit courts and to the judges thereof.

Note. — Reported in 205 N. W. 708. See, Headnote, (1), American Key-Numbered Digest, Criminal Law, Key-No. 1148, 17 C. J. Sec. 3576; (2) Bail, Key-No. 49, 6 C. J. Sec. 218.

A judge of the circuit court had exercised such jurisdiction before the application herein was presented to the presiding judge. There is no appeal before this court from the order of the circuit court, and no claim of any abuse of discretion by the judge oí said court.

[1] Except where error is manifest in the action of the circuit court, this court will not interfere. State v. Peifer, 47 S. D. 226, 197 N. W. 293.

[2] The application to this court will be dismissed.

POLLEY, F. J., and GATES, J., not sitting.
#### Louis Guenther, Respondent, v. The Ridgway Company, Appellant.

Order affirmed, with ten dollars costs and disbursements. No opinion. Present-—Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 16**  **- 6518** 

RODNEY SIMMONS , Petitioner

- Appellant ,
v. WARDEN LARRY CARTLEDGE , Respondent

- Appellee
.

Appeal from the United States District Court for the District of South Carolina , at Anderson
. David C. Norton , District Judge. ( 8:15

- cv - 02346

- DCN )

Submitted : September 29 , 2016 Decided: October 4, 2016

Before SHEDD , KEENAN , and HARRIS , Circuit Judges.

Dismissed by un published per curiam opinion
. Rodney Simmons, Appellant Pro Se. Donald John Zelenka, Senior Assistant Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Rodney Simmons seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 225 4 (2012) petition . The order is 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 demonstratin g 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 den ies 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 Simmons 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 legal3 contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

DISMISSED