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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-6504

BILLY LEE LISENBY, JR.,

Petitioner - Appellant,

v.

WARDEN TIM RILEY,

Respondent - Appellee.

Appeal from the United States District Court for the District of 

South Carolina, at Orangeburg. David C. Norton, District Judge. 

(5:13-cv-01866-DCN)

Submitted: August 28, 2014 Decided: September 2, 2014

Before WILKINSON, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Billy Lee Lisenby, Jr., Appellant Pro Se. Christopher D. 

Florian, SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Columbia, 

South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Billy Lee Lisenby, Jr., a state prisoner, seeks to 

appeal the district court’s order accepting the recommendation 

of the magistrate judge and denying relief on his 28 U.S.C. 

§ 2241 (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 

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 Lisenby 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 
3

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED
### §7906. Regulations

The Secretary shall prescribe regulations for the administration of this chapter.

(Added Pub. L. 109–461, title IX, §903(a)(1), Dec. 22, 2006, 120 Stat. 3464.)
### §7619. Expiration of program

The Secretary may not furnish scholarships to new participants in the Scholarship Program after December 31, 2033.

(Added Pub. L. 100–322, title II, §216(b), May 20, 1988, 102 Stat. 525, §4318; renumbered §7618, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102–585, title V, §523(a), Nov. 4, 1992, 106 Stat. 4959; Pub. L. 104–110, title I, §101(j), Feb. 13, 1996, 110 Stat. 769; Pub. L. 105–114, title II, §207(a), Nov. 21, 1997, 111 Stat. 2289; renumbered §7619 and amended Pub. L. 111–163, title VI, §603(a), (c)(1), May 5, 2010, 124 Stat. 1173; Pub. L. 113–146, title III, §302(a), Aug. 7, 2014, 128 Stat. 1788; Pub. L. 115–182, title III, §301(c), June 6, 2018, 132 Stat. 1463.)

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–182 substituted "December 31, 2033" for "December 31, 2019".

2014—Pub. L. 113–146 substituted "December 31, 2019" for "December 31, 2014".

2010—Pub. L. 111–163, §603(c)(1), renumbered section 7618 of this title as this section.

Pub. L. 111–163, §603(a), substituted "December 31, 2014" for "December 31, 1998".

1997—Pub. L. 105–114 substituted "December 31, 1998" for "December 31, 1997".

1996—Pub. L. 104–110 substituted "December 31, 1997" for "December 31, 1995".

1992—Pub. L. 102–585 substituted "December 31, 1995" for "September 30, 1992".

1991—Pub. L. 102–40 renumbered section 4318 of this title as this section.

Pub. L. 102–83 substituted "Secretary" for "Administrator".

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

#### Ratification of Actions During Period of Expired Authority

Any action taken by Secretary of Veterans Affairs before Feb. 13, 1996, under provision of law amended by title I of Pub. L. 104–110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on Feb. 13, 1996, considered to have same force and effect as if such amendment had been in effect at time of that action, see section 103 of Pub. L. 104–110, set out as a note under section 1710 of this title.
Exhibit 32.1

Certification of Chief Executive Officer of Proton Laboratories, Inc. pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 and Section 1350 of 18 U.S.C.
63.

I, Edward Alexander, the Chief Executive Officer of Proton Laboratories, Inc.
hereby certify that Proton Laboratories, Inc.'s periodic report on Form 10-KSB
and the financial statements contained therein fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m or 78o(d) and that information contained in the periodic report
on Form 10-KSB and the financial statements contained therein fairly represents,
in all material respects, the financial condition and results of the operations
of Proton Laboratories, Inc.

Date:  April 12, 2005


Edward Alexander
/s/ Edward Alexander
Chief Executive Officer of
Proton Laboratories, Inc.

A signed original of this written statement has been provided to Proton
Laboratories, Inc. and will be retained by Proton Laboratories, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.


<PAGE>
Exhibit 35.1

SERVICER COMPLIANCE CERTIFICATE

PURSUANT TO ITEM 1123 OF REGULATION AB UNDER THE

SECURITIES EXCHANGE ACT OF 1934

|   | Re: | HSBC Credit Card Master Note Trust (USA) I – 2006-1 |
|--------|-----|----------------------------------------------------------|

I, Dennis J. Mickey, Chief Operating Officer – Treasury of HSBC Finance Corporation (the “Company”), pursuant to Item 1123 of Regulation AB under the Securities Act of 1934, as amended, and Section 3.05 of the Second Amended and Restated Transfer and Servicing Agreement, dated as of June 30, 2006 (the “Agreement”), among HSBC Receivables Funding Inc. I, as Transferor, the Company, as Servicer, and Wilmington Trust Company, as Owner Trustee of the HSBC Credit Card Master Note Trust (USA) I, hereby certify that:

 

|   | 1. | A review of the activities of the Company from September 15, 2006 through December 31, 2006 and of its performance under the Agreement has been made under my supervision; and |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

|   | 2. | To the best of my knowledge, based on my review, the Company has fulfilled all of its obligations under the Agreement in all material respects throughout the reporting period referred to above except as set forth below: |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

|   | NONE |
|--------|------|

 

IN WITNESS WHEREOF, I have signed this certificate on behalf of the Company this 5th  day of March 2007.                   

 

HSBC Finance Corporation

 

 

|   | By: | /s/ Dennis J. Mickey |
|--------|-----|----------------------|

|   | Name: | Dennis J. Mickey |
|--------|-------|------------------|

|   | Title: | Chief Operating Officer – Treasury |
|--------|--------|-----------------------------------------|
#### In the Matter of the Claim of Margaret De Santis et al., Respondents, against U. S. O. Camp Shows, Inc., et al., Appellants. Workmen’s Compen*881sation Board, Respondent.

Present — Foster, P. J., Heffeman, Brewster, Deyo and Santry, JJ.
§ 273.5 Recommendations for agency organization. Each agency shall: ( a ) Participate, as appropriate, in the Interagency Council on Metric Policy (ICMP), and/or its working committee, the Metrication Operating Committee (MOC), in coordinating and providing policy guidance for the U.S. Government's transtion to use of the metric system.
( b ) Designate a senior policy official to be responsible for agency metric policy and to represent the agency on the ICMP.
( c ) Designate an appropriate official to represent the agency on the Metrication Operating Committee (MOC), an interagency committee reporting to the ICMP.
( d ) Maintain liaison with private sector groups (such as the American National Metric Council and the U.S Metric Association) that are involved in planning for or coordinating National transition to the metric system.
( e ) Provide for internal guidelines, training and documentation to assure employee awareness and understanding of agency metric policies and programs.
EXHIBIT 32.1


                       PERFORMANCE CAPITAL MANAGEMENT, LLC

                CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND
                           PRINCIPAL FINANCIAL OFFICER
                        PURSUANT TO 18 U.S.C. Sec. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with  the Quarterly Report on Form 10-QSB of Performance Capital
Management, LLC (the "Company") for the quarterly period ended June 30, 2005, as
filed  with  the  Securities  and  Exchange  Commission  on the date hereof (the
"Report"),  David  J.  Caldwell, as Chief Operations Officer of the Company, and
Edward  M.  Rucker, as Accounting Manager of the Company, each hereby certifies,
pursuant  to  18  U.S.C.  Sec.  1350,  as  adopted  pursuant  to Sec. 906 of the
Sarbanes-Oxley  Act  of  2002,  that,  to  the  best  of  his  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.



   /s/ David J. Caldwell
--------------------------------
David J. Caldwell
Chief Operations Officer
August 12, 2005



   /s/ Edward M. Rucker
--------------------------------
Edward M. Rucker
Accounting Manager
August 12, 2005



The material contained in this exhibit is not deemed "filed" with the Commission
and  is not to be incorporated by reference into any filing of the Company under
the  Securities Act of 1933, as amended, or the Securities Exchange Act of 1934,
as amended, whether made before or after the date hereof and irrespective of any
general  incorporation  language  contained in such filing, except to the extent
that  the  Company  specifically  incorporates  it  by  reference.
<PAGE>

                                                                    EXHIBIT 10.2

                                 AMENDMENT NO. 1
                          DATED AS OF DECEMBER 30, 2003

                                     TO THE

          PEOPLESOFT, INC. AMENDED AND RESTATED 1989 STOCK OPTION PLAN
                    AS AMENDED AND RESTATED ON MARCH 8, 2000

         The PeopleSoft, Inc. Amended and Restated 1989 Stock Option Plan, as
amended and restated on March 8, 2000 (the "Plan"), is hereby further amended in
the manner set forth below:

         1.       Effective as of December 30, 2003, Section 3 of the Plan shall
be amended to read in its entirety as follows:

                  "3.      Stock Subject to the Plan. Subject to the provisions
         of Section 12 of the Plan, the maximum aggregate number of Shares which
         may be optioned and sold under the Plan is 104,600,000 Shares, plus an
         annual increase to be added on the first day of each of the Company's
         fiscal years beginning in 1999 equal to the lesser of (i) 20,000,000
         shares of Common Stock (with such number adjusted appropriately for any
         stock split or similar transaction) or (ii) 3 % of the number of issued
         and outstanding shares of Common Stock on the last day of the
         immediately preceding fiscal year. The Shares may be authorized, but
         unissued, or reacquired Common Stock.

                  If an Option or Stock Purchase Right should expire or become
         unexercisable for any reason without having been exercised in full, or
         is surrendered pursuant to an Option Exchange Program, the unpurchased
         Shares which were subject thereto shall become available for future
         grant or sale under the Plan (unless the Plan has terminated);
         provided, however, that Shares that have actually been issued under the
         Plan, whether upon exercise of an Option or Stock Purchase Right, shall
         not be returned to the Plan and shall not become available for future
         distribution under the Plan."

                  2.       Except as set forth herein, the Plan shall remain in
         effect, unmodified.

                                       1
<PAGE>

         IN WITNESS WHEREOF, this Amendment No. 1 is effective as of December
30, 2003.

                                         PEOPLESOFT, INC.

                                         By: /s/ Anne S. Jordan
                                            ------------------------------------
                                                 Anne S. Jordan
                                                 Senior Vice President and
                                                 General Counsel

                                       2
### [§2004. Repealed. Pub. L. 105–33, title VII, §7003(a)(1), Aug. 5, 1997, 111 Stat. 663]

Section, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 739, authorized appropriations to ensure a sound financial transition for the Postal Service.

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

#### Effective Date of Repeal

Repeal effective Oct. 1, 1997, with special provisions relating to payments for fiscal year 1998, see section 7003(c) of Pub. L. 105–33, set out as an Effective Date of 1997 Amendment note under section 2003 of this title.
BISNIS Search For Partners, May 4, 1998

----

Index of Investment Opportunities
EMPLOYER STATUS DETERMINATION

Northern Ohio & Western Railway, L.L.C.

This is the determination of the Railroad Retirement Board

regarding the status of Northern Ohio & Western Railway, L.L.C.

(NOWRR) as an employer under the Railroad Retirement Act (45 U.S.C.

§ 231 et seq.) (RRA) and Railroad Unemployment Insurance Act (45

U.S.C. § 351 et sea. ) (RUIA) . NOWRR has not previously been

determined to be an employer under the RRA and the RUIA.

Information about NOWRR was furnished by Mr. James A. Mogen,

Controller of NOWRR. NOWRR is a class III carrier. It operates

over approximately 26 miles of track in Northwestern Ohio. It

interchanges with the Conrail, CSX and Norfolk & Southern. see

Interstate Commerce Commission (ICC) Finance Docket No. 32696,

decided May 31, 1995. According to information provided by

Mr. Mogen, NOWRR began operations on May 16, 1995 and its 4

employees have been compensated from that date. NOWRR does not own

any equipment at this time.

Section 1(a)(1) of the RRA defines the term "employer" to include:

(i) any express company, sleeping car

company, and carrier by railroad, subject to

subchapter I of chapter 105 of Title 49;

(ii) any company which is directly or

indirectly owned or controlled by, or under

common control with one or more employers as

defined in paragraph (i) of this subdivision,

and which operates any equipment or facility

or performs any service (except trucking

service, casual service, and the casual

operation of equipment or facilities) in

connection with the transportation of

passengers or property by railroad, or the

receipt, delivery, elevation, transfer in

transit, refrigeration or icing, storage, or

handling of property transported by railroad

* * *. [45 U.S.C. §231 (a) (1) (i) and (ii)].

Section 1(a) of the RUIA (45 U.S.C. § 351(a)) contains essentially

the same definition.

The evidence establishes that NOWRR is a class III rail carrier,

which is subject to subchapter I and chapter 105 of Title 49 of the

United States Code. Accordingly, it is determined that Northern

BCD 1995-93 BA # 2263
-2-

Ohio & Western Railway, L.L.C. became a rail carrier employer under

the Railroad Retirement and Railroad Unemployment Insurance Acts

effective May 16, 1995, the date on which it began operations as a

rail carrier.

Glen L. Bower

Kever
#### § 1500.16 [Reserved]
.,I : ,I i I

‘1 **OFFICE OF**  **THE A7TORNEY**  **GENERAL OF**  **TEXAS I**  **AUSTIN**

Honorable P. W. Hinter County Attorney Jllu Bogg county Bobbronvllle, Texas 

### Dear Sir:

) entitled to qualify his reQulred 08th opinion OS thlr **dew In**  **part** 

### a4 Pollovs: 

### requeclting the ted **quertion, reada** 

. aanuler woe oa County, 

### and

November24th. to & Corgany, and ruoh th. IdAT oopler, to their Local

of whloh lettere Loee herevith **cops** af my opinion to St&con & Saldana, holding that Hr. 0onsale#, vho 1s a Private In the Hilitary Servl.04, ir 4ntitled to qualify by flla hlr **required oath**  and bond. "Please review this file, and give me your opinion thereon and quickly 88 polreibleC for you can realize the urgenoy of thlr matter.‘ j

**HoAurel6 P.**  **if. mnter,**  **glag6 2** 



### Ya th&ik ou for your opirdonhold- that the pereon named 

### am legal I y qualifyas aounty olerk 

### by fillnghit oath and 

### bond. Ye ham c6roSullyconsideredyour OpiniCiA 

### md agree ulth tb4 

### conclueioneetated therein.

iiererofore thtr dapu%nrsat bar r6aiawS @over&l opln- :OiU Oia~WCtiOn8 Vsl'y QiQiilar t0 the: OA6 &WQented illJoUr fnauryr 

### In our OpiDionRo. 0-0873 :t 

### Y&S held *that00 provirion of tke T4ro6 

### CoaetLtutlonor **ctatutee prwwatr**  **the private**  in the Un%ted 

### EtaterAmy irom bea a owulliht6 

### for eleotton to th4 Office Of OOUIIty @QQeQQOF-OOUOCltOT Of t-Q. Ii QUoh perron be elected to that &tier, the faot l 

### lorw thM he ir l private in the Unitud SUte# ‘ Am;y 

### will not 

### dleguallfyhim to t8kr 

### 8nd hold the o$fiOe 

### &n& roQoiVe 

### the WEp6AQ8tiOA ettmhed **th6reto.** 

### See Opblon 810. O-3048, **referred** 

### to above." Ue eaeloreheccrrlth oopler of Ul the oplfiioar men-, tloned&save md tieo 6OphQ 

### of Opitirvsa IWe. O-5599 

### &ad O-4465. 

### In vteu oi the foregobq &d u rUtad 

### &ova, you ere reepeatfully

edvleed mt it 

### ie the opinionof thlw de-tm6nt tMt * WrQOA lIh0 UaQ 

### duly l fOclt6d

OOUAtjr 

### olerk 4nd h4Q 

### elm6 b6en lndwt6d Unto th6 Militaryfhrvlee of 

### tb6 Unlt6d 

### Steteru l p rtvate 

### le entitledto 

### Qualifyby Siling the co**qulred oath**  **uhd** bead.

**Verp** 

### tml? your9
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08/30

NOAA HYSPLIT MODEL

 Backward trajectory ending at 2300 UTC 30 Aug 07

 EDAS Meteorological Data

Source

★ at 39.41 N 76.30 W Meters AGL
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2303 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 2303

To limit the United States share of assessments for the United Nations 
                            regular budget.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2003

 Mr. Hayworth introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL

 
To limit the United States share of assessments for the United Nations 
                            regular budget.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR 
              UNITED NATIONS REGULAR BUDGET.

    Section 11 of the United Nations Participation Act of 1945 (22 
U.S.C. 287e-3) is amended by striking ``22 percent of the total of all 
assessed contributions for that budget'' and inserting ``the largest 
assessed contribution of any other permanent member country of the 
United Nations Security Council''.
                                 <all>
```
Exhibit 32.1


                        CERTIFICATION OF CEO 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  Annual  Report  of  Victoria  Industries,  Inc.  (the
"Company")  on  Form 10-KSB/A for the year ended December 31, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), Albert
Abdoulline,  as President and Chief Executive Officer of the Company, certifies,
pursuant  to  18  U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley  Act  of  2002,  to  the  best  of  his  knowledge,  that:

(1)  The  Report  fully  complies  with the requirements of section 13(a) of the
Securities   Exchange  Act  of  1934;  and

(2)  The  information  contained  in the Report fairly presents, in all material
respects,  the  financial  condition  and  result  of operations of the Company.


By:  /s/  Albert Abdoulline
-----------------------------------
Albert Abdoulline
President, Chief Executive Officer
Date:  March 29, 2006
§ 630.208 Reduction in leave credits. ( a ) When the number of hours in a nonpay status in a full-time employee's leave year equals the number of basepay hours in a pay period, the agency shall reduce his credits for leave by an amount equal to the amount of leave the employee earns during the pay period. When the employee's number of hours of nonpay status does not require a reduction of leave credits, the agency shall drop those hours at the end of the employee's leave year. For the purpose of determining the reduction of leave credits under this paragraph when an employee has one or more breaks in service during a leave year, the agency shall include all hours in a nonpay status (other than nonpay status during a fractional pay period when no leave accrues) for each period of service during the leave year in which annual leave accrued.
( b ) An employee who is in a nonpay status for his entire leave year does not earn leave.
( c ) When a reduction in leave credits results in a debit to an employee's annual leave account at the end of a leave year, the agency shall: ( 1 ) Carry the debit forward as a charge against the annual leave to be earned by the employee in the next leave year; or
( 2 ) Require the employee to refund the amount paid him for the period covering the excess leave that resulted in the debit.
( d ) A period covered by an employee's refund for unearned advanced leave is deemed not a nonpay status under this section.
### §5004. Discontinuance of service on post roads

The Postal Service may discontinue service on a post road or part thereof when, in its opinion, the public interest so requires.

(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 767.)

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

#### Effective Date

Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.