alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22
- 6305
(CHIEF) COL. MICHAEL S. OWLFEATHER

- GORBEY , Petitioner

– Appellant ,

v. WARDEN, FCI Beckley , Respondent

– Appel lee

.

No. 22
- 6390
(CHIEF) COL. MICHAEL S. OWLFEATHER

- GORBEY , Petitioner

– Appellant ,

v. WARDEN, FCI Beckley , Respondent

– Appellee

.

Appeal s from the United States District Court for the Southern District of West Virginia , at Beckley

. Frank W. Volk , District Judge. ( 5:2 1

- cv - 00583 )

Submitted : June 27, 2023 Decided: July 10, 2023 USCA4 Appeal: 22-6390 Doc: 7 Filed: 07/10/2023 Pg: 1 of 42 Before KING , AGEE, and RICHARDSON , Circuit Judges.

Dismissed by un published per curiam opinion

.
Michael S. Owlfeather

- Gorbey , Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6390 Doc: 7 Filed: 07/10/2023 Pg: 2 of 43 PER CURIAM: (Chief) Col. Michael S. Owlfeather

- Gorbey, a District of Columbia offender , seeks to appeal the district court’s orders accepting the recommendation of the magistrate judge, denying relief on his 28 U.S.C. § 2241 petition, and denying reconsideration. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A); Madley v. U.S. Parole Comm’n , 278 F.3d 1306, 1310 (D.C. Cir. 2002) (D.C. cou rts are “state courts for purposes of this statute”); cf. In re Wright , 826 F.3d 774, 783 (4th Cir. 2016) (“when a prisoner being held ‘pursuant to the judgment of a State court’ files a habeas petition claiming the execution of his sentence is in violatio n of the Constitution, laws, or treaties of the United States, the more specific § 2254 ‘and all associated statutory requirements’ shall apply, regardless of the statutory label the prisoner chooses to give his petition”). 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). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists could find th e district court’s assessment of the constitutional claims debatable or wrong. See Buck v. Davis , 580 U.S. 100, 115

- 17 (2017). 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. Gonzalez v. Thaler , 565 U.S. 134,
140

- 41 (2012) (citing Slack v. McDaniel , 529 U.S. 473, 484 (2000))

. We have independently reviewed the record and conclude that Owlfeather

- Gorbey has not made the requisite showing. Accordingly, we deny a certificate of appealability USCA4 Appeal: 22-6390 Doc: 7 Filed: 07/10/2023 Pg: 3 of 44 and dismiss the appeals. We dispense with oral argument because the facts and legal contentions are adequately presented in the ma terials before this court and argument would not aid the decisional process.
DISMISSED USCA4 Appeal: 22-6390 Doc: 7 Filed: 07/10/2023 Pg: 4 of 4
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## Breadcrumb

            -           Share with Youth: Teen Depression      

# Share with Youth: Teen Depression

Youth-serving professionals can use this resource, developed for teens, to educate young people about depression. It contains information about the signs and symptoms of depression, places to turn to for help, effective treatments for depression, steps teens can take to feel better, and the impact depression can have on relationships. 

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#### The People of the State of New York ex rel. John S. Potts, Jr. v. Henry J. Noble, as Warden.

Motion for leave to appeal as a poor person granted to the extent and on the terms and conditions contained in the order of this court filed herein. That part of the motion which seeks poor person relief on an appeal from a judgment of conviction rendered by Supreme Court, Bangs County, and for a certificate of reasonable doubt as to the judgment of conviction, is denied for lack of jurisdiction. Concur — Breitel, J. P., Valente, Stevens, Eager and Bastow, JJ.
**Exhibit
          32.2**
  **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 Quarterly Report of Israel Technology Acquisition Corp.
        (the
“Company”) on Form 10-QSB for the period ending March 31, 2007 (the “Report”),
        as filed with the Securities and Exchange Commission on the date hereof,
        I Glen
        Shear, Chief Financial Officer and Secretary of the Company, certify pursuant
        to
        18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the
        Sarbanes-Oxley Act of 2002, that:
 
 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 result of operations of the Company.
  /s/
                Glen
                  Shear
                
                
                Dated:
                  May 15, 2007Glen
                  ShearChief
                    Financial Officer and Secretary
                  (Principal
                    Financial Officer)
#### Mohammed Eltahan, Appellant, v John J. Rejouis, Respondent, et al., Defendants. (And a Third-Party Action.)

[776 NYS2d 833]

*661In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated February 26, 2003, as granted that branch of the motion of the defendant John J. Rejouis which was for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the respondent.

The vehicle operated by John J. Rejouis swerved across a lane and into the cement median divider of the Brooklyn-Queens Expressway after being sideswiped. It came to rest about 15 to 30 feet past a sharp curve in the roadway, positioned at a 40 degree angle to the median divider, with its left fender impacted against the divider and its body extending out, blocking two lanes of moving traffic. Several other impacts by other vehicles ensued, one of which involved the taxicab in which the plaintiff, Mohammed Eltahan, was a passenger.

The Supreme Court granted Rejouis’ motion for summary judgment. The plaintiff contends, in essence, that Rejouis failed to meet his initial burden of demonstrating that his failure to attempt to remove his vehicle from the dangerous place in which it had come to rest was not negligent (see New York City Traffic Rules and Regulations [34 RCNY] 4-08 [a] [1]; [e] [1], [8]; *O’Sullivan v Minjae Kim,*293 AD2d 728 [2002]). The plaintiff correctly contends that it was Rejouis’s burden to prove that his vehicle was disabled or that he was unable to move it before the next impact occurred, and Rejouis failed to do this (see *O’Sullivan v Minjae Kim, supra).*

Accordingly, Rejouis’s motion for summary judgment should have been denied (see *Alvarez v Prospect Hosp.,*68 NY2d 320 [1986]; *Winegrad v New York Univ. Med. Ctr.,*64 NY2d 851 [1985]). Santucci, J.P., Florio, Schmidt and Mastro, JJ., concur.
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## Breadcrumb

            -           Bullying Prevention: 2015 Resource Guide      

# Bullying Prevention: 2015 Resource Guide

Bullying Prevention: 2015 Resource Guide (PDF, 20 pages) provides links to resources, publications, organizations, and programs that focus on bullying prevention. Each resource is accompanied by a link and description, and is organized into one of seven sections of the guide:
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            -           Economic Costs of Youth Disadvantage and High-Return Opportunities for Change      

# Economic Costs of Youth Disadvantage and High-Return Opportunities for Change

This report (PDF, 36 pages) describes the barriers that disadvantaged youth, particularly young men of color, face related to education, exposure to the criminal justice system, and employment, and how improving the opportunities would benefit the United States economy and individual communities. The report also highlights promising programs shown to improve outcomes for young people by helping them reach important life milestones.

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## Breadcrumb

            -           Report: 2013-14 Civil Rights Data Collection      

# Report: 2013-14 Civil Rights Data Collection

This report (PDF, 13 pages) offers a first look at the 2013-14 Civil Rights Data Collection, a survey of all public schools and school districts in the United States that highlights data related to equity and opportunity gaps in public schools. The data show disparities exist for students of color, students whose first language is not English, and students with disabilities when it comes to discipline, early learning, college and career readiness, and absenteeism. 

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# ConnectED: President Obama’s Plan for Connecting All Schools to the Digital Age

The ConnectED Initiative aims to bring America’s students into the digital age by ensuring access to the Internet and other educational technologies by using existing federal funds and partnering with businesses, states, districts, communities, and schools.

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#### Michael Detraglia, Appellant-Respondent, v Blue Circle Cement Company, Also Known as Blue Circle Cement, *873Inc., and Atlantic Cement Company, Inc., and Blue Circle Atlantic, Inc., and Blue Circle Cement USA, Inc., and Blue Circle, Inc., Respondent-Appellant.

[776 NYS2d 342]

Rose, J.

Cross appeals from an order of the Supreme Court (Ceresia, Jr., J.), entered July 22, 2003 in Rensselaer County, which, inter alia, partially granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff was assisting in the replacement of heavy chains used to pulverize limestone in a large kiln owned by defendant when one of the chains fell from a grapple hook, striking and injuring him. He commenced this action seeking to recover damages pursuant to Labor Law §§ 200, 240 (1) and § 241 (6). Following joinder of issue, plaintiff moved for partial summary judgment on the issue of liability and defendant cross-moved for summary judgment dismissing the complaint. Finding the work in which plaintiff was engaged to be routine maintenance that is not within the purview of Labor Law §§ 240 and 241 (6), Supreme Court denied plaintiffs motion and granted defendant’s cross motion except as to plaintiffs cause of action alleging a violation of Labor Law § 200. Plaintiff appeals and defendant cross appeals.

We affirm. Plaintiff was injured while replacing worn parts during regularly scheduled maintenance of defendant’s kiln. Although large quantities of material were removed and installed by more than 100 workers over a period of 15 days, the project nonetheless amounted to “replacing components that require replacement in the course of normal wear and tear” *(Esposito v New York City Indus. Dev. Agency,*1 NY3d 526, 528 [2003]), rather than the “erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure” (Labor Law § 240 [1]; *see Robertson v Little Rapids Corp.,*277 AD2d 560, 561-562 [2000]; *Goad v Southern Elec. Intl.,*263 AD2d 654, 655 [1999]; *Noah v IBC Acquisition Corp.,*262 AD2d 1037, 1037 [1999], *lv dismissed*93 NY2d 1042 [1999]). As the project involved no construction or other activity within the ambit of *874Labor Law § 241 (6) at the time of plaintiffs accident, dismissal of his claim under that section was also warranted (see *Esposito v New York City Indus. Dev. Agency, supra*at 528; *Nagel v D & R Realty Corp.,*99 NY2d 98, 102 [2002]; *Goad v Southern Elec. Intl,*304 AD2d 887, 888 [2003]).

With regard to plaintiffs common-law negligence claim and the alleged violations of Labor Law § 200, we agree with Supreme Court that there is evidence that defendant furnished the allegedly defective grapple hook and had a safety officer present during the chain replacement operation, raising issues of fact precluding summary judgment *(see Soskin v Scharff,*309 AD2d 1102, 1105 [2003]; *Samiani v New York State Elec. & Gas Corp.,*199 AD2d 796, 797 [1993]).

Cardona, P.J., Mercure, Carpinello and Mugglin, JJ., concur. Ordered that the order is affirmed, without costs.