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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-7132

EDWARD L. MOSELY,

Petitioner - Appellant,

versus

GENE M. JOHNSON, Director of the Virginia

Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Norfolk. James E. Bradberry, Magistrate

Judge. (CA-02-563-2)

Submitted: September 25, 2003 Decided: October 10, 2003

Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Edward L. Mosely, Appellant Pro Se. Richard Bain Smith, Assistant

Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Edward L. Mosely seeks to appeal the magistrate judge’s

recommendation to dismiss his petition filed under 28 U.S.C. § 2254

(2000). This court may exercise jurisdiction only over final

orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and

collateral orders. 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b);

Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The

magistrate judge’s recommendation Mosely seeks to appeal is neither

a final order nor an appealable interlocutory or collateral order.

See Haney v. Addison, 175 F.3d 1217, 1219 (10th Cir. 1999).

Accordingly, we dismiss the appeal for lack of jurisdiction. 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
§ 3280.206 Fireblocking. ( a ) *General.* Fireblocking must comply with the requirements of this section. The integrity of all fireblocking materials must be maintained.
( b ) *Fireblocking materials.* Fireblocking must consist of the following materials: ( 1 ) Minimum one inch nominal lumber, 5 ⁄ 16 inch thick gypsum board, or equivalent fire resistive materials; or
( 2 ) Other Listed or Approved Materials;
( c ) *Fireblocking locations.* ( 1 ) Fireblocking must be installed in concealed spaces of stud walls, partitions, and furred spaces at the floor and ceiling levels. Concealed spaces must not communicate between floor levels. Concealed spaces must not communicate between a ceiling level and a concealed roof area, or an attic space.
( 2 ) Fireblocking must be installed at the interconnection of a concealed vertical space and a concealed horizontal space that occurs: ( i ) Between a concealed wall cavity and the ceiling joists above; and
( ii ) At soffits, drop ceilings, cover ceilings, and similar locations.
( 3 ) Fireblocking must be installed around the openings for pipes, vents, and other penetrations in walls, floors, and ceilings of furnace and water heater spaces. Pipes, vents, and other penetrations that cannot be moved freely within their opening are considered to be fireblocked. Materials used to fireblock heat producing vent penetrations must be noncombustible or limited combustible types.
[71 FR 72042, Nov. 30, 2005]
### §465. Charges for water service prior to notice of construction charge

Whenever water is available and it is impracticable to apportion operation and maintenance charges as provided in section 492 of this title, the Secretary of the Interior may, prior to giving public notice of the construction charge per acre upon land under any project, furnish water to any entryman or private landowner thereunder until such notice is given, making a reasonable charge therefor, and such charges shall be subject to the same penalties and to the provisions for cancellation and collection as herein provided for other operation and maintenance charges.

(Aug. 13, 1914, ch. 247, §11, 38 Stat. 689.)

#### **Editorial Notes**

#### References in Text

Herein, referred to in text, means act Aug. 13, 1914, ch. 247, 38 Stat. 686, which is classified to sections 373, 414, 418, 435 to 437, 440, 443, 464, 465, 469, 471, 472, 475, 477 to 481, 492, 493, 494 to 497, and 499 of this title. For complete classification of this Act to the Code, see Tables.
#### § 291.302 Purpose and general policy.

This subpart sets forth HUD's policy and procedures for the sale of HUD-held single family mortgage loans. In general, HUD will sell both performing and nonperforming HUD-held single family mortgage loans. HUD will sell all mortgage loans without recourse and without FHA insurance. HUD will package pools of single family mortgage loans for sale to the general public on a competitive basis; however, HUD may sell mortgage loans to government-sponsored enterprises (GSEs) on a negotiated basis. Nothing in this subpart shall be construed to prevent HUD from packaging single family mortgage loans with other types of HUD assets for sale. The Secretary retains full discretion to offer any qualifying pool of mortgage loans for sale and to withhold or withdraw any offered pool of mortgage loans from sale. However, when HUD offers a qualifying mortgage loan for sale, the procedures set out in this subpart and in the bid package will govern the sale of HUD-held single family mortgage loans.
Docket Management Facility

U.S. Department of Transportation

1200 New Jersey Avenue, SE

West Building Ground Floor

Room W12-140

Washington, DC 205590

To Whom It May Concern:

Sierra Air Helicopters hereby petitions for exemption from Part 120 of Title 14, 

Code of Federal Regulations (14 CFR) to allow Sierra Air Helicopters to cover its

safety sensitive employees under one drug and alcohol testing program.

Sierra Air Helicopters operates under a single pilot FAR 135 (Cert. #2SHA280M) 

and holds a LOA (LOA #WP6JWP25) for sightseeing operations.

Due to the small number of employee’s, two, and the fact that only 1 employee 

serves in both capacities, there would be no reduction in safety involved.

The public would be benefited by reduction of redundant administrative burden 

as a whole.

Similar exemptions have been issued for small companies such as ours, where 

many types of functions are combined due to small markets. 

Respectfully submitted,

John Crawford

DER / Owner

Sierra Air Helicopters

2409 Rickenbacker Way

Auburn, Ca 95602

(530)823-7400 office

(916)223-1297 cell
§ 3280.710 Venting, ventilation and combustion air. ( a ) The venting as required by § 3280.707(b) shall be accomplished by one or more of the methods given in (a)(1) and (2) of this section: ( 1 ) An integral vent system listed or certified as part of the appliance.
( 2 ) A venting system consisting entirely of listed components, including roof jack, installed in accordance with the terms of the appliance listing and the appliance manufacturer's instructions.
( b ) Venting and combustion air systems shall be installed in accordance with the following: ( 1 ) Components shall be securely assembled and properly aligned at the factory in accordance with the appliance manufacturer's instructions except vertical or horizontal sections of a fuel fired heating appliance venting system that extend beyond the roof line or outside the wall line may be installed at the site. Sectional venting systems shall be listed for such applications and installed in accordance with the terms of their listings and manufacturers' instructions. In cases where sections of the venting system are removed for transportation, a label shall be permanently attached to the appliance indicating the following: Sections of the venting system have not been installed. Warning-do not operate the appliance until all sections have been assembled and installed in accordance with the manufacturer's instructions.
( 2 ) Draft hood connectors shall be firmly attached to draft hood outlets or flue collars by sheet metal screws or by equivalent effective mechanical fasteners.
( 3 ) Every joint of a vent, vent connector, exhaust duct and combustion air intake shall be secure and in alignment.
( c ) Venting systems shall not terminate underneath a manufactured home.
( d ) Venting systems of fuel-burning appliances must terminate at least three feet above any motor-driven air intake discharging into habitable rooms when located within ten feet of the air intake.
( e ) The area in which cooking appliances are located shall be ventilated by a metal duct which may be single wall, not less than 12.5 square inches in cross-sectional area (minimum dimension shall be two inches) located above the appliance(s) and terminating outside the manufactured home, or by listed mechanical ventilating equipment discharging outside the home, that is installed in accordance with the terms of listing and the manufacturer's instructions. Gravity or mechanical ventilation shall be installed within a horizontal distance of not more than ten feet from the vertical front of the appliance(s).
( f ) Mechanical ventilation which exhausts directly to the outside atmosphere from the living space of a home shall be equipped with an automatic or manual damper. Operating controls shall be provided such that mechanical ventilation can be separately operated without directly energizing other energy consuming devices.
[49 FR 32012, Aug. 9, 1984, as amended at 58 FR 55018, Oct. 25, 1993; 86 FR 2523, Jan. 12, 2021]
#### § 1007.80 Qualified mortgage.

A mortgage guaranteed under section 184A of the Housing and Community Development Act of 1992 (1715z-13b), except for mortgage transactions exempted under § 203.19(c)(2), is a safe harbor qualified mortgage that meets the ability-to-repay requirements in 15 U.S.C. 1639c(a).

[78 FR 75238, Dec. 11, 2013]
*E-Filed 4/28/10* 4/27/10

Case 3:09-cv-02001-RS Document 43 Filed 04/27/10 Page 1 of 1
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2913 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2913

       To suspend temporarily the duty on Thiamethoxam Technical.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2005

  Mr. Castle introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
       To suspend temporarily the duty on Thiamethoxam Technical.

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

SECTION 1. THIAMETHOXAM TECHNICAL.

    (a) In General.--Heading 9902.03.11 of the Harmonized Tariff 
Schedule of the United States (relating to Thiamethoxam Technical) is 
amended--
            (1) by striking ``2.54%'' and inserting ``Free''; and
            (2) by striking ``12/31/2006'' and inserting ``12/31/
        2008''.
    (b) Effective Date.--The amendments made by subsection (a) apply to 
goods entered, or withdrawn from warehouse for consumption, on or after 
the 15th day after the date of the enactment of this Act.
                                 <all>
```
United States District Court

For the Northern District of California

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

United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

EMMANUEL ORTEZA,

Plaintiff,

 v.

ROBYN MONDY,

Defendant. /

No. C 09-02008 SI

ORDER OF DISMISSAL UPON

SETTLEMENT

The parties to the action, by their counsel, have advised the court that they have agreed

to a settlement. 

IT IS HEREBY ORDERED that this matter is DISMISSED WITH PREJUDICE. However, that

if any party hereto certifies to this court, with proof of service of a copy thereon on opposing counsel,

within ninety days from the date hereof, that settlement has not in fact occurred, the foregoing order

shall be vacated and this cause shall forthwith be restored to the calendar for further proceedings.

Dated: SUSAN ILLSTON

United States District Judge

Case 3:09-cv-02008-SI Document 26 Filed 03/25/10 Page 1 of 1
#### GAN WANG, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-77046.

United States Court of Appeals, Ninth Circuit.

Submitted on March 12, 2007.*

Filed March 21, 2007.

Sara H. Lee, Esq., Tsoi & Associates, Monterey Park, CA, for Petitioner.

NVL-Distriet Counsel, Office of the District Counsel, Department of Homeland Security, Las Vegas, NV, Ronald E. Le-fevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, William C. Pea-chey, DOJ — U.S. Department of Justice, Civil Div./Office of Immigration Lit., S. Terry Schubert, Esq., DOJ — U.S. Department of Justice, Criminal Division/Fraud Section, Washington, DC, for Respondent.

Before: KOZINSKI, LEAVY, and BYBEE, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Gan Wang, a native and citizen of China, petitions for review of a Board of Immigration Appeals decision that affirmed the ruling of an Immigration Judge (“IJ”) denying his application for asylum, withholding of removal, and relief under the Con*637vention Against Torture (“CAT”). We have jurisdiction under *8*U.S.C. § 1252.

We review the agency’s decision for substantial evidence, *see Gu v. Gonzales,*454 F.3d 1014, 1018 (9th Cir.2006), and we deny the petition.

In denying Wang’s asylum claim, the IJ concluded that Wang had failed to satisfy his burden of proving an objective basis for a well-founded fear of future persecution. Because the record does not compel a contrary conclusion, the IJ’s findings are supported by substantial evidence. *See id.*

Because Wang failed to satisfy the lower standard of proof for asylum, he necessarily failed to satisfy the more stringent standard for withholding of removal. *See Mansour v. Ashcroft,*390 F.3d 667, 673 (9th Cir.2004).

Substantial evidence supports the denial of Wang’s CAT claim because he did not establish that it was more likely than not that he would be tortured if he returned to China. *See Malhi v. INS,*336 F.3d 989, 993 (9th Cir.2003).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### Rick L. HARDY, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

No. 2007-3112.

United States Court of Appeals, Federal Circuit.

May 9, 2007.

Rick L. Hardy, pro se.

ORDER

Petitioner having filed the required Statement Concerning Discrimination, it is,

ORDERED that the order of dismissal and the mandate be, and the same hereby are, VACATED and RECALLED, and the petition for review is REINSTATED.
###### Editorial Note on Part 64

#### Editorial Note:

Nomenclature changes to part 64 appear at 64 FR 54540, Oct. 7, 1999.

#### § 64.9 Termination of approval.

If at any time it appears to the Secretary of State that the purpose of a program which has been approved has been changed so that it no longer meets the criteria of § 516.5 or that the program is being misused, the Secretary of State may terminate such approval, or suspend such approval pending the supplying of additional information. However, a termination or suspension shall not affect a grant which has been made under a previously approved program.
##### 



Exhibit 31.2
CERTIFICATION OF CHIEF FINANCIAL OFFICER I, Tab A. Keplinger, Chief Financial Officer of Brantley Capital Corporation,
certify that: 1. I have reviewed this quarterly report on Form 10-Q of Brantley Capital
Corporation; 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 registrants internal control over financial reporting; and 5. The registrants other certifying officer(s) 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. Dated this 16th day of August, 2004. By:
    /S/ TAB A. KEPLINGERTab A. KeplingerChief Financial Officer
RENTAL
AGREEMENT

    


    THIS RENTAL AGREEMENT (the
“Agreement”), effective October 1, 2009 (the “Effective Date”), is by and
between Desert Hawk Gold Corp., a Nevada corporation (“Tenant”), and RMH
Overhead, LLC, a Nevada limited liability company (“Landlord”).

    


    FOR VALUABLE CONSIDERATION, the receipt
and sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:

    


    
      
        	
              	
                1. 

              	
                Office Rent and
      Use.  For and in consideration of $500.00 per month, the
      Landlord hereby rents and provides to the Tenant the use of the office
      space located at 1290 Holcomb Avenue, Reno Nevada, to be used as the
      offices of the President of the Tenant.  Rent shall be due and
      payable on the 1st
      day of each month and shall be delinquent if not paid by the 20th
      of the month.

              


      

    

    


    
      
        	
              	
                2. 

              	
                Term.  This
      Agreement shall be month-to-month and can be cancelled by either party at
      any time.  This Agreement shall cover the term of the rental of
      the office space from the Effective Date until terminated by either
      party.

              


      

    

    


    IN WITNESS WHEREOF, each of the parties
hereto has executed this Agreement the respective day and year set forth
below.

    


    
      	 
      	
              RMH
      Overhead, LLC

            
	 
      	 
      
	
              Date:  October
      31, 2010

            	
              /s/ Rick Havenstrite

            
	 
      	
              Rick
      Havenstrite, Manager

            
	 
      	 
      
	 
      	
              Desert
      Hawk Gold Corp.

            
	 
      	 
      	 
      
	
              Date:  October
      31, 2010

            	
              By 
      

            	
              /s/ Robert E. Jorgensen

            
	 
      	 
      	
              Robert
      E. Jorgensen, CEO
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

ROGELIO PEREZ-GONZALEZ,

 Defendant - Appellant.

No. 08-50476

D.C. No. 3:08-cr-01138-BTM

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Barry T. Moskowitz, District Judge, Presiding

Submitted May 25, 2010** 

Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.

Rogelio Perez-Gonzalez appeals from the 70-month sentence imposed

following his jury-trial conviction for being a deported alien found in the United

FILED

JUN 10 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-50476

States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. 

§ 1291, and we affirm. 

Perez-Gonzalez contends that the district court erred by applying a 16-level

enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) because his prior convictions for

assault with a deadly weapon, in violation of California Penal Code § 245(a)(1),

and inflicting corporal injury on a spouse, in violation of California Penal Code 

§ 273.5, do not qualify as crimes of violence under the Sentencing Guidelines. 

This contention is foreclosed. See United States v. Grajeda, 581 F.3d 1186, 1191-

97 (9th Cir. 2009) (holding that a conviction under California Penal Code §

245(a)(1) is categorically a “crime of violence” under the Guidelines); see also

United States v. Laurico-Yeno, 590 F.3d 818, 823 (9th Cir. 2010) (holding that a

conviction under California Penal Code § 273.5 is categorically a “crime of

violence” under the Guidelines).

AFFIRMED.
###### Editorial Note on Part 3282

#### Editorial Note:

Nomenclature changes to part 3282 appear at 78 FR 60199, Oct. 1, 2013.

#### § 3282.154 Petitions for formal or informal presentations of views, and requests for extraordinary interim relief.

Any person entitled to a Formal or an Informal Presentation of Views under paragraph (f) or paragraph (g) of § 3282.152 in order to address issues as provided for in § 3282.151(a) may petition the Secretary to initiate such a Presentation of Views. The petition may be accompanied by a request that the Secretary provide appropriate interim relief pending the issuance of the final determination or decision. No interim relief will be granted unless there is a showing of extraordinary cause. Upon receipt of a petition, the Secretary shall grant the petition and issue the notice provided for in § 3282.152(b) for Formal or Informal Presentation of Views, and may grant, deny or defer decision on any request for interim relief.

[51 FR 34468, Sept. 29, 1986]
CR 09-00783 MMC

CR 01-00251 MMC

[PROPOSED] ORDER GRANTING ADM. MOT. TO FILE EXHIBIT B UNDER SEAL

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

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

 v. 

STEVEN ADAMS,

Defendant.

No. CR 09-00783 MMC CR 01-00251 MMC

[PROPOSED] ORDER GRANTING 

ADMINISTRATIVE MOTION TO FILE 

EXHIBIT B UNDER SEAL

Good Cause Appearing, upon application of Defendant, by and through counsel, IT IS 

HEREBY ORDERED that Exhibit B (Presentence Report), to the Motion to Vacate, Set Aside or 

Correct Sentence Under 28 U.S. C. §2255, shall be filed under seal.

____________________ ______________________________

DATED THE HONORABLE MAXINE M. CHESNEY

United States District Judge

May 25, 2016 ^

and no objection having been made,

_________

Case 3:09-cr-00783-MMC Document 62 Filed 05/25/16 Page 1 of 1