alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6052
JAMES A. BUTLER, Plaintiff - Appellant, versus WARDEN; UNITED STATES OF AMERICA, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, Senior District Judge. (CA-02-4102-1-WMN) Submitted: September 17, 2004 Decided: December 21, 2004 Before LUTTIG, WILLIAMS, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. James A. Butler, Appellant Pro Se. Matthew Wayne Mellady, UNITED STATES DEPARTMENT OF JUSTICE, Annapolis Junction, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: James A. Butler appeals the district court’s order dismissing his Federal Tort Claims Act suit. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Butler v. Warden , No. CA-02-4102-1-WMN (D. Md. Oct. 24, 2003). 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
§ 3179.40 Reasonable precautions to prevent waste. ( a ) Operators must use all reasonable precautions to prevent the waste of oil or gas developed from the lease.
( b ) The Authorized Officer may specify reasonable measures to prevent waste as conditions of approval of an Application for Permit to Drill (APD).
( c ) After an APD is approved, the Authorized Officer may order an operator to implement, within a reasonable time, additional reasonable measures to prevent waste at ongoing exploration and production operations.
( d ) Reasonable measures to prevent waste may reflect factors including, but not limited to, relevant advances in technology and changes in industry practice.
#### § 2812.0-7 Cross reference.

For disposal of timber or material to a trespasser, see § 9239.0-9 of this chapter.
§ 3202.12 Are other persons allowed to act on my behalf to file an application to lease? Another person may act on your behalf to file an application to lease. The person acting for you must be qualified to hold a lease under § 3202.10, and must do the following: ( a ) Sign the application;
( b ) State his or her title;
( c ) Identify you as the person he or she is acting for; and
( d ) Provide written proof of his or her qualifications and authority to take such action, if BLM requests it.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 16**  **- 6612** 

SAMUEL EMMANUEL STOKES , Petitioner

- Appellant ,
v. WARDEN OF LIEBER CORRECTIONAL INSTITUTION , Respondent

- Appellee, and
WARDEN OF LEE CORRECTIONAL INSTITUTION, Respondent
.

Appeal from the United States District Court for the District of South Carolina , at Rock Hill
. Joseph F. Anderson, Jr. , Senior District Judge. ( 0:15

- cv - 00872

- JFA )

Submitted : September 13 , 2016 Decided: September 15, 2016

Before TRAXLER, AGEE , and THACKER , Circuit Judges.

Dismissed by un published per curiam opinion
. Jeffrey Falkner Wilkes, J. FALKNER WILKES LAW OFFICE, Greenville, South Carolina, for Appellant. Donald John Zelenka, Senior Assi stant Attorney General, Columbia, South Carolina, for Appellee.2 Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM: Samuel Emmanuel Stokes seeks to appeal the district court’s order accepting the recommendation of the magistrate j udge and denying relief on his 28 U.S.C. § 2254 (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) (A) (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 dem onstrate 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 Stokes 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 contentions are4 adequately presented in the materials before th is court and argument wo uld not aid the decisional process.
DISMISSED
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6388

CAMERON J. ROLLINS, Petitioner - Appellant, versus RONALD ANGELONE, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CA-01-1664-AM) Submitted: September 19, 2002 Decided: September 27, 2002 Before WILKINS, LUTTIG, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Cameron J. Rollins, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Cameron J. Rollins seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). We have reviewed the record and the district court’s opinion and conclude on the reasoning of the district court that Rollins has not made a substantial showing of the denial of a constitutional right. See Rollins v. Angelone , No. CA-01-1664-AM (E.D. Va. Jan. 4, 2002). Accordingly, we deny a certificate of appealability and dismiss the appeal. See 28 U.S.C. § 2253(c) (2000). 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
Federal Depository Library ProgramPersistent URL Home Page      

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### §582. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 92–206, §2, Dec. 18, 1971, 85 Stat. 737, which credited funds to the Shoshone-Bannock Tribes of the Fort Hall Reservation for certain claims, was omitted from the Code as being of special and not general application.
Notice for Final Carlsbad Energy Center PSD Determination

Shaheerah Kelly 

t

o

:

Moore, Steve 11/22/2010 11:23 AM

From: Shaheerah Kelly/R9/USEPA/US

To: "Moore, Steve " <Steve.Moore@sdcounty.ca.gov>

See attached.

************************************

Shaheerah Kelly

Environmental Engineer

U. S. Environmental Protection Agency, Region 9

75 Hawthorne Street

San Francisco, CA 94105

Phone: 415-947-4156

Fax: 415-947-3579

email: kelly.shaheerah@epa.gov
EXHIBIT
10.36




AMENDMENT
TO LOAN AGREEMENT




AMENDMENT, DATED AS OF OCTOBER 12,
2010, TO LOAN AGREEMENT, dated as of May 5, 2008 (“Original Loan Agreement”),
made by and between Li-ion Motors Corp., a Nevada corporation, with its
principal offices located at 4894 Lone Mountain Road, Las Vegas, Nevada 89130
(the “Borrower”), and Crystal Capital Ventures Inc., having an office at 1274
Sundial Avenue, Coral Grove, P.O. Box 2135, Belize City, Belize (the
“Lender”).  Capitalized terms used herein and not otherwise defined
herein shall have the meaning assigned to such term in the Original Loan
Agreement.




WHEREAS, the Borrower and the Lender
are parties to that certain Original Loan Agreement, dated May 5, 2008, pursuant
to which the Borrower has borrowed the amount of $3,000,000 from the
Lender;




WHEREAS, the Original Loan Agreement
provides that the maturity date of each Loan Installment evidenced by a Note
shall be due on the date that is three (3) years from the date on which the
Installment is advanced to the Borrower (“Loan Installment Maturity Date”);
and




WHEREAS, the Borrower and the Lender
have agreed to extend the Loan Installment Maturity Date and to amend Section
3.1 of the Original Loan Agreement in order to provide the Borrower with
additional time for repayment; and




WHEREAS, in accordance with the terms
and conditions of the Original Loan Agreement, the Borrower and the Lender
hereby approve the amendment of the Original Loan Agreement as set forth
herein.




NOW, THEREFORE, in consideration of the
foregoing and the mutual covenants contained herein, the parties agree as
follows:




1.
            By
      their respective execution of this Agreement, the Borrower and the Lender
      agree that the term “Loan Installment Maturity Date” shall mean four years
      from the date that the Installment under the Original Loan Agreement has
      been advanced to the Borrower.




2.            By
their respective execution of this Agreement, the Borrower and the Lender agree
that Section 3.1 of the Original Loan Agreement is hereby amended to read in its
entirety as follows:




3.1          Repayment
of Principal; Interest




Subject
to section 8.2, the Borrower hereby promises to repay the principal of each Loan
Installment evidenced by a Note on the date that is four (4) years from the date
on which the Installment is advanced to the Borrower.  The Interest on
the Loan shall be payable monthly in arrears on the first day of the following
month.




3.            Except
as expressly provided herein, the Original Loan Agreement shall continue in full
force and effect.




LI-ION
      MOTORS CORP./s/
      Stacey FlingBy:Name:
      Stacey FlingTitle:
      President







CRYSTAL
      CAPITAL VENTURES INC./s/
      Andrew GodfreyBy:Name:
      Andrew GodfreyTitle:  President
EXHIBIT
31.1





CERTIFICATION
PURSUANT TO


18 U.S.C.
SECTION 1350


AS
ADOPTED PURSUANT TO


SECTION
302 OF THE SARBANES-OXLEY ACT OF 2002





I,  James
E. Horswill, President and Chief Financial Officer of microHelix, Inc., certify
that:





1.           
I have reviewed this Annual
Report on Form 10-K of microHelix, Inc.;




2.           
Based on my knowledge, this
report does 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 report;





3.           
Based on my knowledge, the
financial statements, and other financial information included in this report,
fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods
presented in this report;




4.The registrant's
other certifying officers and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules
13a-15(e) and 15d-15(e)) for the registrant and have:





(a)           Designed
such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this report is being prepared;





(b)           Evaluated
the effectiveness of the registrant's disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this
report based on such evaluation; and





(c)           Disclosed
in this report any change in the registrant's internal control over financial
reporting that occurred during the registrant's most recent fiscal quarter (the
registrant's fourth fiscal quarter in the case of an annual report) that
has materially affected, or is reasonably likely to materially affect, the
internal control over financial reporting; and




5.The registrant's other
certifying officers and I have disclosed, based on our most recent evaluation of
internal control over financial reporting, to the registrant's auditors and the
audit committee of the registrant's board of directors (or persons performing
the equivalent functions):





(a)           All
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the registrant's ability to record, process, summarize and
report financial information; and





(b)           Any fraud, whether or not material,
that involves management or other employees who have a significant role in the
registrant's internal control over financial reporting.









Date:  April
      14, 2009/s/ James E. HorswillJames
      E. HorswillPrincipal Executive Officer andChief Financial
      Officer
### §788a. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 90–504, §1, Sept. 21, 1968, 82 Stat. 855, which related to preparation of roll of persons living on Sept. 21, 1968, whose names or ancestors' names appear on records admissible as evidence as identifying them as Creek Indians, was omitted from the Code as being of special and not general application.
#### § 3473.1-3 When paid.

First year's rental for preference right leases shall be remitted at the time of filing the applications. First year's rental for competitive leases shall be payable when required by decision. Thereafter, rental for all leases shall be paid in accordance with the lease provisions.
#### § 3102.53 Evidence of compliance.

The authorized officer may request at any time further evidence of compliance and qualification from any party holding or seeking to hold an interest in a lease. Failure to comply with the request of the authorized officer will result in adjudication of the action based on the incomplete submission.
### §451. Transferred

#### **Editorial Notes**

#### Codification

Section 451 was editorially reclassified as section 5341 of this title.
### §640d–25. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 93–531, §27, as added Pub. L. 96–305, §11, July 8, 1980, 94 Stat. 933; amended Pub. L. 100–666, §§3, 4(b), Nov. 16, 1988, 102 Stat. 3929, 3930, which related to discretionary fund to expedite relocation efforts, was omitted from the Code as being of special and not general application.
### §670. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 92–312, §3, June 14, 1972, 86 Stat. 216, which authorized encumbrance by mortgage or deed of trust of lands sold pursuant to section 668 of this title and directed that the United States be a party to any foreclosure or sale proceedings, was omitted from the Code as being of special and not general application.
### §99. Contracts for supplies in advance of appropriations

The Commissioner of Indian Affairs is authorized to advertise in the spring of each year for bids, and enter into contracts, subject to the approval of the Secretary of the Interior, for goods and supplies for the Indian Service required for the ensuing fiscal year, notwithstanding the fact that the appropriations for such fiscal year have not been made, and the contracts so made shall be on the basis of the appropriations for the preceding fiscal year, and shall contain a clause that no deliveries shall be made under the same and no liability attach to the United States in consequence of such execution if Congress fails to make an appropriation for such contract for the fiscal year for which those supplies are required.

(Aug. 15, 1894, ch. 290, §4, 28 Stat. 312.)

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

#### Transfer of Functions

Effective Jan. 1, 1947, Procurement Division of Department of the Treasury changed to Bureau of Federal Supply by regulation issued by Secretary of the Treasury under authority of section 301 of Title 5. Functions of Bureau of Federal Supply transferred to Administrator of General Services by section 102 of act June 30, 1949, ch. 288, title I, 63 Stat. 380, which was repealed and reenacted as section 303(a) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 303(a) of Title 40 was amended generally by Pub. L. 109–313, §2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so amended, no longer relates to the Bureau of Federal Supply. See Historical and Revision Notes and 2006 Amendment note under section 303 of Title 40.

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Function of determination of policies and methods of procurement, warehousing, and distribution of property, facilities, structures, improvements, machinery, equipment, stores, and supplies exercised by any agency transferred to a Procurement Division in Department of the Treasury by Ex. Ord. No. 6166, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees.
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LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

MAY 2003 WATER QUALITY REPORT RUN DATE: June 11, 2003

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

VICTORIA CANAL ON THE MIDDLE RIVER
**EXHIBIT 31.2**

 

CERTIFICATIONS

I, James A. Tracy, certify that:

 

1.               I have reviewed this quarterly report onForm 10-Q of Vision-Sciences, Inc.;

 

2.   Based on my knowledge, this report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in the report;

 

4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a)              Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

b)             Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

c)              Disclosed in this report any change inthe registrant’s internal control over financial reporting that occurred duringthe registrant’s most recent fiscal quarter (the registrant’s fourth fiscal inthe case of an annual report) that has materially affected, or is reasonablelikely to materially affect, the registrant’s internal control over financialreporting; and

 

5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions):

a)              All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

b)             Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 
|                                     |  /s/ James A. Tracy |   |
|------------------------------------------|--------------------------|--------|
| Dated:  November 14, 2003 |  James A. Tracy     |
|                                     | Chief Financial Officer  |

 

----
Exhibit 23.1**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**We consent to the incorporation by reference in the following Registration Statements of CooperIndustries, Inc. or Cooper Industries, Ltd. and in each related Prospectus of our report datedFebruary 19, 2007, with respect to the consolidated financial statements of Cooper Industries,Ltd., Cooper Industries, Ltd. management’s assessment of the effectiveness of internal control overfinancial reporting, and the effectiveness of internal control over financial reporting of CooperIndustries, Ltd., included in this Annual Report (Form 10-K) for the year ended December 31, 2006.   No. 2-33-14542 Form S-8 Registration Statement for Cooper Industries, Inc.1989 Employee Stock Purchase Plan   No. 333-136381 Form S-8 Registration Statement for Cooper Industries, Inc.Amended and Restated Directors Stock Plan   No. 333-120337 Form S-8 Registration Statement for Cooper Industries, Inc.Amended and Restated Stock Incentive Plan   No. 333-24237 Form S-3D Registration Statement for Cooper Industries,Inc. Dividend Reinvestment and Stock Purchase Plan   No. 333-101451 Form S-3D Registration Statement for Cooper Industries,Ltd. Dividend Reinvestment and Stock Purchase Plan   No. 333-51439 Form S-8 Registration Statement for Cooper Industries, Inc.Director’s Retainer Fee Stock Plan   No. 333-51441 Form S-8 Registration Statement for Cooper Industries, Inc.Amended and Restated Management Annual Incentive Plan   No. 333-37580 Form S-8 Registration Statement for Cooper (UK) EmployeeShare Purchase Plan            Houston, Texas
### §4145. Purpose

The purpose of this part is to establish a program for self-determined housing activities for the tribal communities to provide Indian tribes with the flexibility to use a portion of the grant amounts under section 4111 of this title for the Indian tribe in manners that are wholly self-determined by the Indian tribe for housing activities involving construction, acquisition, rehabilitation, or infrastructure relating to housing activities or housing that will benefit the community served by the Indian tribe.

(Pub. L. 104–330, title II, §231, as added Pub. L. 110–411, title II, §206(a)(2), Oct. 14, 2008, 122 Stat. 4326.)