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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-7498

STEVEN E. TARPLEY,

Plaintiff - Appellant,

v.

J. MICHAEL STOUFFER, Commissioner; DAVID BARTHALOW; FREDERICK J. 

NASTRI; ALBERT EARL DAVIS; JON GALLEY; BOBBY SHEARIN; FRANK 

BISHOP, JR.; DONALD CROWE; DOUGLAS DEVORE; TINNELE WINTERS; 

ROBERT M. FRIEND; KETTERMAN, Lt.; O. W. CREEK; W. D. SLATE; 

ROBERT HUFF; B. A. WILT; JOHN DOE, Sgt., H.U.-4; M. B. GARRISON; 

S. WINEBRENNER; JEFFREY SHIMKO; JEREMY LINABURG; R. GOVER; R. 

GRAHAM; O. K. BERRY; JAMES BEEMAN; R. SHIELDS; R. GOSS; MILANEY 

LILLER; CHARLENE HETTY TRENUM; BARBARA NEWLON; ISAIS TESSEMA; 

KATHLEEN GREENE, Warden; BRUCE BOZMAN; LT. GALLIGHER, Lt.; 

MAYCOCK, Maj.; TYLER, Capt., Mailroom Supervisor; PERSINGER; 

SCOTT S. OAKLEY, Mr. - Executive Director,

Defendants - Appellees.

Appeal from the United States District Court for the District of 

Maryland, at Baltimore. Benson Everett Legg, District Judge. 

(1:10-cv-02140-BEL)

Submitted: June 21, 2012 Decided: June 25, 2012

Before GREGORY, SHEDD, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.
2

Steven E. Tarpley, Appellant Pro Se. Stephanie Judith Lane 

Weber, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, 

Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
3

PER CURIAM:

Steven E. Tarpley appeals the district court’s order 

denying relief on his 42 U.S.C. § 1983 (2006) complaint. We 

have reviewed the record and find no reversible error. 

Accordingly, we affirm for the reasons stated by the district 

court. Tarpley v. Stouffer, No. 1:10-cv-02140-BEL (D. Md. 

Oct. 11, 2012). 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
**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 Report on Form 10-Q for Pioneer Financial Services, Inc. (the “Company”) for the quarter ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned in the capacity and on the date indicated below hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge: 

 

1.          the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and 

2.         the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 

February 12, 2010

 

|   |                      |
|--------|---------------------------|
|   | /s/ Thomas H. Holcom, Jr. |
|   | Thomas H. Holcom, Jr.     |
|   | Chief Executive Officer   |
§ 919.530 Where can I find the EPLS? ( a ) You may access the *EPLS* through the Internet, currently at *http://epls.arnet.gov .*
( b ) As of November 26, 2003, you may also subscribe to a printed version. However, we anticipate discontinuing the printed version. Until it is discontinued, you may obtain the printed version by purchasing a yearly subscription from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, or by calling the Government Printing Office Inquiry and Order Desk at (202) 783-3238.
#### UNITED STATES ex rel. WATSON v. MARTIN.

No. 273, Docket 23017.

United States Court of Appeals, Second Circuit.

Argued June 15,1954.

Decided July 1, 1954.

Howard Watson, pro se.

Nathaniel L. Goldstein, Atty. Gen., of the State of New York, Wendell P. Brown, Sol. Gen., Leonardsville, N. Y., Donald L. Jacoby, Asst. Atty. Gen., of counsel, for respondent.

Before SWAN, MEDINA and HARLAN, Circuit Judges.

PER CURIAM.

This is an appeal from an order denying the appellant’s application for a writ of habeas corpus. In 1941 he was convicted in a state court upon plea of guilty of the crime of assault in the second degree and was sentenced to a term of 2% to 5 years imprisonment. He took no appeal, served his term and was discharged in 1945. In 1948 he was convicted of the crime of rape and sentenced to an indeterminate term of not less than 16 years nor more than 20 years. This sentence he is now serving at Attica State Prison.

The order on appeal is correct. The record before us does not disclose that the relator exhausted state remedies, as required by 28 U.S.C.A. § 2254, nor does it raise any constitutional question as to the conviction and sentence under which he is now held in confinement. Order affirmed.
§ 900.708 Self-evaluation. ( a ) Each recipient shall, within one year of the receipt of financial assistance, conduct or have conducted an evaluation of its compliance with this subpart with the assistance of interested persons, including handicapped persons or organizations representing handicapped persons. Each such recipient shall evaluate its current policies and practices and their effects, and modify any that do not meet the requirements of this part. Each such recipient shall permit the Office of Personnel Management, during normal business hours, to examine its self-evaluation along with its books, records, accounts, facilities and other sources of information as may be useful to determine whether there has been compliance with this subpart. Self-evaluation required under other Federal programs may be accepted by OPM if the information pertaining to activities receiving financial assistance from OPM is included and the records are available to OPM representatives.
( b ) Each recipient shall modify, after consultation with interested persons and organizations, including handicapped persons, any policies and practices that do not meet the requirements of this subpart; and
( c ) Each recipient shall take, after consultation with interested persons, including handicapped persons or organizations representing handicapped persons, appropriate remedial steps to eliminate the effects of any discrimination that resulted from adherence to these policies and practices.
B.C.D. 02-52

Employer Status Determination

Evansville Terminal Company, Inc.

JUL 1 5 2002

This is the determination ofthe Railroad Retirement Board concerning the

continuing status of the Evansville Terminal Company, Inc. (EVT) (B.A. No.

2369) as a covered employer under the Railroad Retirement Act (45 U.S.C. § 231,

et seep) (RRA) and the Railroad Unemployment Insurance Act (45 U.S.C. § 351, et

seq.) (RUIA). The EVT was ruled to be an employer under the Acts effective 

July 22, 1996.

Mr. R. Powell Felix, President of Indiana Box-Car Corporation, a non-employer 

and majority stockholder of EVT, reported that EVT ceased operations on

April 1, 2000 and last compensated employees in December 2000. On April 1,

2000, all of EVT’s physical assets were sold to Indiana Southwestern Railway 

(B.A. No. 2386), which took over and continued EVT operations.

Based on the above information, it is the determination of the Railroad Retirement

Board that the Evansville Terminal Company, Inc. ceased to be an employer under

the RRA and RUIA as of December 31,2000, the last day ofthe last month in

which it last compensated employees.

Cherryl J. Thomas

V. M. Speakman, Jr.

't'UU

erome F. Kever

BA# 2369
Editorial Note on Subpart C of Part 9701
Editorial Note: At 73 FR 58435, Oct. 7, 2008, the application of subpart C to part 9701 was rescinded.

§ 9701.311 Major features. Through the issuance of implementing directives, DHS will establish a pay system that governs the setting and adjusting of covered employees' rates of pay. The DHS pay system will include the following features: ( a ) A structure of rate ranges linked to various bands for each occupational cluster, in alignment with the classification structure described in subpart B of this part;
( b ) Policies regarding the setting and adjusting of basic pay rate ranges based on mission requirements, labor market conditions, and other factors, as described in §§ 9701.321 and 9701.322;
( c ) Policies regarding the setting and adjusting of supplements to basic pay based on local labor market conditions and other factors, as described in §§ 9701.331 through 9701.334;
( d ) Policies regarding employees' eligibility for pay increases based on adjustments in rate ranges and supplements, as described in §§ 9701.323 through 9701.325 and 9701.335 through 9701.337;
( e ) Policies regarding performance-based pay adjustments, as described in §§ 9701.341 through 9701.346;
( f ) Policies on basic pay administration, including movement between occupational clusters, as described in §§ 9701.351 through 9701.356;
( g ) Policies regarding special payments that are not basic pay, as described in §§ 9701.361 through 9701.363; and
( h ) Linkages to employees' performance ratings of records, as described in subpart D of this part.
### §154701. Definition

For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1437.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 154701 | 36:4014. | Apr. 6, 1988, Pub. L. 100–281, §15, 102 Stat. 75. |

Section

The words "the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands" are omitted as included in "the territories and possessions of the United States".
### §1158. Disappearance

Where a veteran receiving compensation under this chapter disappears, the Secretary may pay the compensation otherwise payable to the veteran to such veteran's spouse, children, and parents. Payments made to such spouse, child, or parent under the preceding sentence shall not exceed the amounts payable to each if the veteran had died from service-connected disability.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1125, §358; Pub. L. 86–212, Sept. 1, 1959, 73 Stat. 436; Pub. L. 94–433, title IV, §404(21), Sept. 30, 1976, 90 Stat. 1379; renumbered §1158 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

#### **Editorial Notes**

#### Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 358 of this title as this section.

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

1976—Pub. L. 94–433 struck out ", in his discretion," after "Administrator" and substituted "such veteran's spouse" for "his wife" and "such spouse" for "a wife".

1959—Pub. L. 86–212 substituted "a veteran" for "an incompetent veteran".

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

#### Effective Date of 1976 Amendment

Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.
# L_2017085EN.01004401.xml

| 30.3.2017 | EN | Official Journal of the European Union | L 85/44 |
| --- | --- | --- | --- |

30.3.2017

EN

Official Journal of the European Union

L 85/44

---

DECISION OF THE EEA JOINT COMMITTEE

No 221/2015

of 25 September 2015

amending Annex XIII (Transport) to the EEA Agreement [2017/528]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:

| (1) | Commission Implementing Decision (EU) 2015/974 of 17 June 2015 authorising Member States to adopt certain derogations pursuant to Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Implementing Decision (EU) 2015/974 of 17 June 2015 authorising Member States to adopt certain derogations pursuant to Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods (1) is to be incorporated into the EEA Agreement.

| (2) | Annex XIII to the EEA Agreement should therefore be amended accordingly, |
| --- | --- |

(2)

Annex XIII to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following indent is added in point 13c (Directive 2008/68/EC of the European Parliament and of the Council) of Annex XIII to the EEA Agreement:

| ‘— | 32015 D 0974: Commission Implementing Decision (EU) 2015/974 of 17 June 2015 (OJ L 157, 23.6.2015, p. 53).’ |
| --- | --- |

‘—

32015 D 0974: Commission Implementing Decision (EU) 2015/974 of 17 June 2015 (OJ L 157, 23.6.2015, p. 53).’

Article 2

The texts of Implementing Decision (EU) 2015/974 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 26 September 2015, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 25 September 2015.

For the EEA Joint Committee

The President

Ingrid SCHULERUD

---

(1)  
  OJ L 157, 23.6.2015, p. 53.

1

(*1)  No constitutional requirements indicated.

*1

---
### **CHAPTER 75—VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM**

Sec.
7501.
Establishment of scholarship program; purpose.
7502.
Application and acceptance.
7503.
Amount of assistance; duration.
7504.
Agreement.
7505.
Repayment for failure to satisfy requirements of agreement.

#### **Editorial Notes**

#### Prior Provisions

A prior chapter 75 which consisted of sections 4201 to 4210 was renumbered chapter 78 of this title and transferred to follow chapter 76 of this title, and sections 4201 to 4210 were renumbered sections 7801 to 7810 of this title, respectively.
### §1959. Waiver of disability for reinstatement

(a) In the event that all provisions of the rules and regulations other than the requirements as to the physical condition of the applicant have been complied with, an application for reinstatement, in whole or in part, of lapsed United States Government life insurance may be approved if made within two years after the date of lapse and if the applicant's disability is the result of an injury or disease, or of an aggravation thereof, suffered or contracted in the active military or naval service during the period beginning April 6, 1917, and ending July 2, 1921, and the applicant during the applicant's lifetime submits proof satisfactory to the Secretary showing that the applicant is not totally and permanently disabled. As a condition to the acceptance of an application for reinstatement under this section, the applicant shall be required to pay all the back monthly premiums which would have become payable if such insurance had not lapsed, together with interest at the rate of 5 per centum per annum, compounded annually, on each premium from the date said premium is due by the terms of the policy.

(b) Premium liens established under the provisions of section 304 of the World War Veterans' Act, 1924, shall continue to bear interest at the rate of 5 per centum per annum, compounded annually, and will be deducted from any settlement of insurance to which they are attached.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1163, §759; Pub. L. 99–576, title VII, §701(33), Oct. 28, 1986, 100 Stat. 3293; renumbered §1959 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

#### **Editorial Notes**

#### References in Text

Section 304 of the World War Veteran's Act, 1924, referred to in subsec. (b), is section 304 of act June 7, 1924, ch. 320, title III, 43 Stat. 625, which enacted section 515 of former Title 38, Pensions, Bonuses, and Veterans' Relief, and which was repealed and the provisions thereof reenacted as this section by Pub. L. 85–857, §14(51), Sept. 2, 1958, 72 Stat. 1271.

#### Amendments

1991—Pub. L. 102–83 renumbered section 759 of this title as this section and substituted "Secretary" for "Administrator" in subsec. (a).

1986—Subsec. (a). Pub. L. 99–576 substituted "the applicant's" for "his" and "the applicant" for "he".
**EXHIBIT      32.1**

**uBid.com      Holdings, Inc. **

**CERIFICATION      PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO SECTION 906**

**OF      THE SARBANES-OXLEY ACT OF 2002**

|                                                           |                                                            |                                  |
|----------------------------------------------------------------|-----------------------------------------------------------------|---------------------------------------|
|  Date:              May              14, 2007   |   /s/ Robert H. Tomlinson,              Jr.                |
|                                                      |                                                       |                             |
|                                                           | By:                                                   | Robert              H. Tomlinson, Jr. |
|                                                           |                President and Chief Executive Officer  |
|                                                           |                                                            |

----
#### § 839.621 Can I cancel my FERS election if I was in the wrong retirement plan at the time I elected FERS coverage and I have an election opportunity under the FERCCA?

If you were erroneously in CSRS, CSRS Offset, or Social Security-Only at the time you elected FERS and you have an election opportunity under the FERCCA, you can choose whether you want the FERS election to remain in effect. However, you may not choose whether you want your FERS election to remain in effect if you chose FERS after your employer notified you that you were put in FERS by mistake (see § 839.221).
### §3749. Revolving fund

(a) There is established in the Treasury a revolving fund to be known as the "Department of Veterans Affairs Small Business Loan Revolving Fund" (hereinafter in this section referred to as the "fund").

(b) Amounts in the fund shall be available to the Secretary without fiscal year limitation for all loan guaranty and direct loan operations under this subchapter other than administrative expenses and may not be used for any other purpose.

(c)(1) There is authorized to be appropriated to the fund a total of $25,000,000.

(2) There shall be deposited into the fund all amounts received by the Secretary derived from loan operations under this subchapter, including all collection of principal and interest and the proceeds from the use of property held or of property sold.

(d) The Secretary shall determine annually whether there has developed in the fund a surplus which, in the Secretary's judgment, is more than necessary to meet the needs of the fund. Any such surplus shall immediately be transferred into the general fund of the Treasury.

(e) Not later than two years after the termination of the authority of the Secretary to make new commitments for financial assistance under this subchapter, the Secretary shall transfer into the general fund of the Treasury all amounts in the fund except those that the Secretary determines may be required for the liquidation of obligations under this subchapter. All amounts received thereafter derived from loan operations under this subchapter, except so much thereof as the Secretary may determine to be necessary for liquidating outstanding obligations under this subchapter, shall also be so deposited.

(Added Pub. L. 97–72, title III, §302(a), Nov. 3, 1981, 95 Stat. 1058, §1849; amended Pub. L. 99–576, title VII, §702(11), Oct. 28, 1986, 100 Stat. 3302; Pub. L. 101–237, title III, §313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered §3749 and amended Pub. L. 102–83, §§4(a)(2)(B)(v), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)

#### **Editorial Notes**

#### Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 1849 of this title as this section.

Subsec. (a). Pub. L. 102–83, §4(a)(2)(B)(v), substituted "Department of Veterans Affairs" for "Veterans' Administration".

1989—Subsecs. (b) to (e). Pub. L. 101–237 substituted "Secretary" and "Secretary's" for "Administrator" and "Administrator's", respectively, wherever appearing.

1986—Subsec. (c)(1). Pub. L. 99–576 substituted "There" for "Effective for fiscal year 1982 and fiscal years thereafter, there".
### §1167.1 Outreach pursuant to changes in presumptions of service connection

(a) In General.—Whenever a law, including through a regulation or Federal court decision or settlement, establishes or modifies a presumption of service connection, the Secretary shall—

(1) identify all claims for compensation under this chapter that—

(A) were submitted to the Secretary;

(B) were evaluated and denied by the Secretary before the date on which such provision of law went into effect; and

(C) might have been evaluated differently had the establishment or modification been applicable to the claim; and

(2) pursuant to subsection (b), conduct outreach to the claimants.

(b) Outreach.—(1) The Secretary shall conduct outreach to inform claimants identified under subsection (a) that they may submit a supplemental claim in light of the establishment or modification of a presumption of service connection described in subsection (a).

(2) Outreach under paragraph (1) shall include the following:

(A) The Secretary shall publish on the internet website of the Department a notice that such veterans may elect to file a supplemental claim.

(B) The Secretary shall notify, in writing or by electronic means, veterans service organizations of the ability of such veterans to file a supplemental claim.

(C) The Secretary shall contact each claimant identified under subsection (a) in the same manner that the Department last provided notice of a decision.

(Added Pub. L. 117–168, title II, §203(a), Aug. 10, 2022, 136 Stat. 1775.)

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

#### Effective Date

Pub. L. 117–168, title II, §203(b), Aug. 10, 2022, 136 Stat. 1776, provided that: "Section 1167 of title 38, United States Code, as added by subsection (a), shall apply with respect to presumptions of service connection established or modified on or after the date of the enactment of this Act [Aug. 10, 2022], including pursuant to amendments made by this Act [see Short Title of 2022 Amendment note set out under section 101 of this title]."

#### Rule of Construction

Pub. L. 117–168, title II, §203(c), Aug. 10, 2022, 136 Stat. 1776, provided that: "Nothing in this section [enacting this section and provisions set out as a note above] shall be construed as—

"(1) modifying the obligations of the Department of Veterans Affairs under Federal court decisions or settlements in effect as of the date of the enactment of this Act [Aug. 10, 2022]; or

"(2) requiring a retroactively applied effective date of a supplemental claim earlier than the date a presumption of service connection is established or modified."

1 Another section 1167 is set out after section 1168.
**Exhibit23.1**

 

CONSENTOF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

We hereby consent to the incorporation by reference in the RegistrationStatement on Forms S-3 and S-8 (Nos. 333-127401, 333-114413, 333-99711,333-40740, 333-54162, 333-110419, and 333-114414) of Avocent Corporation of ourreport dated March 6, 2006 relating to the consolidated financial statements,financial statement schedule, management’s assessment of the effectiveness ofinternal control over financial reporting and the effectiveness of internalcontrol over financial reporting, which appears in this Form 10-K.

 
| /s/ PricewaterhouseCoopers  LLP |
|---------------------------------|
| PricewaterhouseCoopers LLP      |
| Birmingham, Alabama             |
| March 6, 2006                   |

 

 

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