alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

vs. 3:98cr78/LAC

MELVIN WILSON

ORDER

The defendant has filed a notice of appeal (doc. 331) which this court construes as

a request for a certificate of appealability. Defendant appeals the court’s denial of his 1

Rule 60(b) motion. (Doc. 330). Unless a certificate of appealability is issued, the

defendant may not take an appeal from the final order denying a Rule 60(b) motion.

Gonzalez v. Secretary of Department of Corrections, 317 F.3d 1308, 1312 (11 Cir. 2003). th

A certificate of appealability should not issue in the appeal from the denial of a Rule 60(b)

motion in a habeas case unless the petitioner/defendant shows, at a minimum, that it is

debatable among jurists of reason whether the district court abused its discretion, see

Mobley v. Head, 306 F.3d 1096, 1097 (11 Cir. 2002) (“This Court reviews a denial of a

th

60(b) motion for an abuse of discretion.”). Because the court finds the defendant has not

made the requisite showing for the reasons stated in the court’s order denying the motion

(doc. 330), his request for a certificate of appealability is DENIED. Defendant has also

filed a motion for leave to proceed in forma pauperis. The court finds that the appeal is not

taken in good faith and he is not otherwise entitled to so proceed. Fed.R.App.P. 24(a)(3). 

Therefore, defendant shall pay the $455.00 filing fee within thirty days.

See Edwards v. United States, 114 F.3d 1083 (11 Cir. 1997) (district courts must treat notices of

1 TH

appeal in Section 2255 actions as applications for certificates of appealability).
Page 2 of 2

DONE AND ORDERED this 12 day of January, 2010. th

s/L.A. Collier 

LACEY A. COLLIER

SENIOR UNITED STATES DISTRICT JUDGE

Case No: 3:98cr78/LAC
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO. 2-05-134-CV

IN RE KB HOME, KAUFMAN & BROAD 	RELATORS

LONE STAR, L.P., KAUFMAN & BROAD 

OF TEXAS, LTD., AND TOM BANNON

	------------

	ORIGINAL PROCEEDING

	------------

	MEMORANDUM OPINION1

	------------

	The court has considered relators’ petition for writ of mandamus.  The court is of the opinion that relief should be denied.  Accordingly, relators’  petition for writ of mandamus is denied.

								PER CURIAM

PANEL A:	DAUPHINOT, LIVINGSTON, and WALKER, JJ.

DELIVERED: April 26, 2005
#### In the Matter of the Claim of Francis J. Monahan, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent.

Staley, Jr., J.

Appeal from a decision of the Unemployment Insurance Appeal Board which disqualified claimant-appellant from receiving benefits effective December 4, 1965 on the ground that he voluntarily left his employment without good cause by provoking his discharge. Claimant was employed as a truck driver, and was discharged from his employment for claiming overtime to which he was not entitled and for keeping the employer’s truck out overnight in violation of the company’s rules. The evidence indicates that the claimant on approximately 70 different occasions “stole time” by delaying the time he punched out at the end of the day after he had finished his day’s work. There is no basis for claimant’s contention that, since his conduct was similar to many others in the same employ, he should not be penalized. Claimant also contends there was a reasonable excuse for keeping the truck out overnight, since the night in question was during the blackout of the area on November 9, 1965. The decision following an arbitration hearing, initiated by the claimant through his union, found in favor of the employer justifying the discharge, and held that the stealing time was clearly established by the records of the employer, and that the reason given for keeping the truck out overnight was completely inadequate. The award was affirmed by order of the Supreme Court on notice to the claimant. Whether claimant’s actions constituted a voluntary leaving of employment without good cause by provoking his discharge is a factual determination for the board. On the present record, we may not disturb the board’s determination. (Labor Law, § 623; *Matter of Martino [Catherwood],*24 A D 2d 772; *Matter of Tatem [Catherwood],*26 A D 2d 607.) Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in a memorandum decision by Staley, Jr., J.
#### § 27.37 Cotton reduced in grade.

If cotton be reduced in grade, by reason of the presence of extraneous matter or other irregularities or defects, below its grade according to the official cotton standards of the United States, the grade from which it is so reduced, and the condition or reason which so reduces its grade shall be determined and stated.

[25 FR 5872, June 25, 1960]
Case 4:03-cv-00107-SPM -AK Document 39 Filed 08/27/03 Page 1 of 5
Case 4:03-cv-00107-SPM -AK Document 39 Filed 08/27/03 Page 2 of 5
Case 4:03-cv-00107-SPM -AK Document 39 Filed 08/27/03 Page 3 of 5
Case 4:03-cv-00107-SPM -AK Document 39 Filed 08/27/03 Page 4 of 5
Case 4:03-cv-00107-SPM -AK Document 39 Filed 08/27/03 Page 5 of 5
EXHIBIT 10L

                        AMENDMENT TO EMPLOYMENT AGREEMENT

      AMENDMENT  as of May  7,  2004  to the  AMENDED  AND  RESTATED  EMPLOYMENT
AGREEMENT  ("Agreement")  dated as of December 6, 2000 by and between  AutoInfo,
Inc., a Delaware corporation ("Auto") and William I. Wunderlich residing at 7565
NW 125th Way, Parkland, Florida 33076 ("Wunderlich")

      The following  modifications to the Agreement are hereby effective January
1, 2004:

      Pursuant  to  paragraph  5 - Bonus  - the  Bonus  shall  be  based  on the
Operating Profit up to $1,250,000.

      All other terms and provisions of the Agreement shall remain in full force
and effect.

      IN WITNESS  WHEREOF,  the parties  hereto have caused this AMENDMENT to be
duly executed and delivered as of the day and year first above written.

                                     AUTOINFO, INC.


                                     By: /s/ Harry Wachtel
                                        ------------------
                                             Harry Wachtel, President


                                         /s/ William I. Wunderlich
                                         -------------------------
                                             William I. Wunderlich
#### NATIONAL FIRE INS. CO., Respondent, v. MURRAY, Appellant.

(Supreme Court, Appellate Division, Third Department.

June 27, 1906.)

Action by the National Fire Insurance Company against Michael D. Murray.

No opinion. Judgment unanimously affirmed, with

costs.
§ 301.38-7 Attachment and disposition of certificates. ( a ) The certificate required for the interstate movement of a regulated article must, at all times during the interstate movement, be attached to the outside of the container containing the regulated article except as follows: ( 1 ) The certificate may be attached to the regulated article itself if it is not in container; or
( 2 ) The certificate may be attached to the accompanying waybill or other shipping document if the regulated article is identified and described on the certificate or waybill.
( b ) The carrier must furnish the certificate to the consignee at the destination of the regulated article.
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 Third-Order
Nanotechnologies, Inc. (the "Company") on Form 10-QSB for the period
ending June 30, 2007 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Andrew Ashton,
Treasurer of the Company, certify, pursuant to 18 U.S.C. 1350, as
adopted pursuant to Section 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; and

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

Date: August 13, 2007


                             /s/ Andrew J. Ashton
                             ----------------------------------------
                             Andrew Ashton, Treasurer
                             Third-Order Nanotechnologies, Inc.
#### § 301.80-2a [Reserved]
#### § 29.25 Tentative standards.

Standards for tobacco prepared by the Division for trial purposes and limited use pending promulgation by the Secretary of Official Standards.
EXHIBIT
23

Consent of Independent Registered Public Accounting Firm

The Board of
Directors 
Trans World Entertainment Corporation:

We consent to
incorporation by reference in the registration statements (Nos. 33-14572,
33-40399, 33-51094, 33-51516, 33-59319, 333-75231, 333-81685, 333-101532, and
333-128210) on Form S-8 pertaining to the Trans World Music Corp. 1986
Incentive and Non-Qualified Stock Option Plan, the Trans World Music Corp. 1990
Stock Option Plan for Non-Employee Directors, the Trans World Entertainment
Corp. 1994 Stock Option Plan, the Camelot Music Holdings, Inc. 1998 Stock
Option Plan, the Camelot Music Holdings, Inc. Outside Directors Stock Option
Plan, the Trans World Entertainment Corp. 1998 Stock Option Plan, the Trans
World Entertainment Corp. 1999 Stock Option Plan, the Trans World Entertainment
Corporation 2002 Stock Option Plan, and the Trans World Entertainment
Corporation 2005 Long Term Incentive and Share Award Plan of our reports dated
April 16, 2009, with respect to the consolidated balance sheets of Trans World
Entertainment Corporation and subsidiaries as of January 31, 2009, and February
2, 2008, and the related consolidated statements of operations, shareholders
equity and comprehensive income (loss), and cash flows for each of the fiscal
years in the three-year period ended January 31, 2009, and the effectiveness of
internal control over financial reporting as of January 31, 2009 which reports
appear in the Annual Report on Form 10-K of Trans World Entertainment
Corporation and subsidiaries for the fiscal year ended January 31, 2009.

Our report on
the consolidated financial statements refers to the adoption of Financial
Accounting Standards Board Interpretation No. 48, Accounting for Uncertainty
in Income Taxes, Statement of Financial Accounting Standards (SFAS) No. 158 and
Employers Accounting for Defined Benefit Pension and Other Postretirement
Plans.

/s/ KPMG LLP

Albany, New
York
April 16, 2009

F-28

---
§ 319.8 Notice of quarantine. ( a ) Pursuant to sections 411-414 and 434 of the Plant Protection Act (7 U.S.C. 7711-7714 and 7754), the Administrator of the Animal and Plant Health Inspection Service has determined that the unrestricted importation into the United States from all foreign countries and localities of any parts or products of plants of the genus *Gossypium,* including seed cotton; cottonseed; cotton lint, linters, and other forms of cotton fiber (not including yarn, thread, and cloth); cottonseed hulls, cake, meal, and other cottonseed products, except oil; cotton waste, including gin waste and thread waste; any other unmanufactured parts of cotton plants; second-hand burlap and other fabrics, shredded or otherwise, that have been used or are of the kinds ordinarily used, for containing cotton, grains (including grain products), field seeds, agricultural roots, rhizomes, tubers, or other underground crops, may result in the entry into the United States of the pink bollworm (*Pectinophora gossypiella* (Saund.)), the golden nematode of potatoes (*Heterodera rostochiensis* Wr.), the flag smut disease (*Urocystis tritici* Koern.), and other injurious plant diseases and insect pests. Accordingly, to prevent the introduction into the United States of plant pests, the importation of those articles into the United States is prohibited unless they are imported in accordance with the regulations in this subpart or their importation has been authorized for experimental, therapeutic, or developmental purposes by a controlled import permit issued in accordance with § 319.6.
( b ) The importation of cotton plants (including any plant parts) that are for planting or capable of being planted is restricted in Subpart H—Plants for Planting of this part.
[78 FR 25569, May 2, 2013, as amended at 83 FR 11855, Mar. 19, 2018; 84 FR 2429, Feb. 7, 2019]
Tredegar Corporation








Exhibit 10.5.1


 



	
            Tredegar Industries, Inc.
 



 


Amendment to


1989 Incentive Stock Option Plan


(Effective November 19, 1997)


 


 



	
            1.
 	
            Article VII,  Section 7.02 Nontransferability shall be amended by deleting the word “Any” at the beginning of the first sentence of Section 7.02 and inserting in its place the phrase “Except as provided in Section 7.04, any”.
 



 



	
            2.
 	
            The following shall be added as a new Section 7.04 to Article VII:
 



 


7.04    Transferable Options.  Section 7.02 to the contrary notwithstanding, if the applicable Agreement provides, an Option that is not an incentive stock option may be transferred by a Participant to the Participant's children, grandchildren, spouse, one or more trusts for the benefit of such family members or a partnership in which such family members are the only partners; provided, however, that such Participant may not receive any consideration for the transfer.  In addition to transfers described in the preceding sentence, the Committee may grant Options that are not incentive stock options that are transferable on other terms and conditions as may be permitted under Securities Exchange Commission Rule 16b-3, as in effect from time to time.  The holder of an Option transferred
pursuant to this section shall be bound by the same terms and conditions that governed the Option during the period that it was held by the Participant, and may not subsequently transfer the Option, except by will or the laws of descent and distribution.  In the event of a transfer pursuant to this section, the Option and any Corresponding SAR that relates to such Option must be transferred to the same person or persons or entity or entities.


 



	
            3.
 	
            Article XII hereby is amended by deleting it in its entirety and substituting therefor the following language:
 



 


ARTICLE XII


 


AMENDMENT


 


The Board may terminate this Plan from time to time.  The Committee may amend this Plan from time to time; provided, however, that the approval of the Board shall be required to amend Section 4.01 or Article V or VI hereof; and provided, further, that no amendment may become effective until shareholder approval is obtained if the amendment increases the aggregate number of shares of Common Stock that may be issued under the Plan, or the amendment changes the class of individuals eligible to become Participants.  No amendment shall, without a Participant's consent, adversely affect any rights of such Participant under any outstanding Stock Award, Option, SAR or Incentive Award outstanding at the time such amendment is made.
#### § 29.3538 Packing.

A lot of tobacco consisting of a number of packages submitted as one definite unit for sampling or inspecting. It is represented to contain the same kind of tobacco and has a common identification number or mark on each package.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]
#### § 29.1034 Maturity.

The degree of ripeness. (See Elements of Quality Chart.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 49 FR 16755, Apr. 20, 1984, and 51 FR 25027, July 10, 1986]
#### § 29.3535 Offtype.

Tobacco of distinctly different characteristics which cannot be classified as Dark Air-cured, U.S. Type 35, 36, 37, or Foreign Type 95. (See Rule 24, § 29.3625.)

[30 FR 9207, July 23, 1965. Redesignated and amended at 49 FR 16759, Apr. 20, 1984]
§ 2903.9 Content of an application. ( a ) Applications should be prepared following the guidelines and the instructions in the program announcement. At a minimum, applications shall include: a proposal cover page, project summary, project description, information about key personnel, documentation of collaborative arrangements, information about potential conflicts-of-interest, budget forms and a budget narrative, information about current and pending support, and assurance statements.
( b ) Proper preparation of applications will assist reviewers in evaluating the merits of each application in a systematic, consistent fashion. Specific instructions regarding additional application content requirements and the ordering of application contents will be included in the program announcement. These will include instructions about paper size, margins, font type and size, line spacing, page numbering, the inclusion of illustrations, and electronic submission.
#### In re Guardianship of Peck; Peck, f.k.a. Johnson, Appellant; Meraglio, Gdn., Appellee.

[Cite as *In re Guardianship of Peck,*109 Ohio St.3d 1203, 2006-Ohio-2182.]

(No. 2005-1061

Submitted March 29, 2006

Decided May 17, 2006.)

Joseph R. Ulrich Co., L.P.A., and Kenneth J. Cahill, for appellant.

Reminger & Reminger Co., L.P.A., Clifford C. Masch, and Brian D. Sullivan, for appellee.

{¶ 1} The cause is dismissed, sua sponte, as having been improvidently accepted.

{¶ 2} The court orders that the opinion of the court of appeals may not be cited as authority except by the parties inter se.

Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THERMO
INSTRUMENT SYSTEMS INC.'S QUARTERLY REPORT ON FORM 10-Q FOR THE QUARTER ENDED
JUNE 28, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JAN-03-1998
<PERIOD-END>                               JUN-28-1997
<CASH>                                         459,328
<SECURITIES>                                     1,713
<RECEIVABLES>                                  376,676
<ALLOWANCES>                                    23,470
<INVENTORY>                                    286,332
<CURRENT-ASSETS>                             1,200,633
<PP&E>                                         316,012
<DEPRECIATION>                                  84,632
<TOTAL-ASSETS>                               2,386,787
<CURRENT-LIABILITIES>                          635,910
<BONDS>                                        401,128
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         9,791
<OTHER-SE>                                     790,164
<TOTAL-LIABILITY-AND-EQUITY>                 2,386,787
<SALES>                                        734,355
<TOTAL-REVENUES>                               734,355
<CGS>                                          383,942
<TOTAL-COSTS>                                  383,942
<OTHER-EXPENSES>                                   800
<LOSS-PROVISION>                                 2,890
<INTEREST-EXPENSE>                              20,395
<INCOME-PRETAX>                                114,013
<INCOME-TAX>                                    38,761
<INCOME-CONTINUING>                             70,806
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    70,806
<EPS-PRIMARY>                                      .58
<EPS-DILUTED>                                      .53
        

</TABLE>
# L_2020269EN.01000101.xml

| 17.8.2020 | EN | Official Journal of the European Union | L 269/1 |
| --- | --- | --- | --- |

17.8.2020

EN

Official Journal of the European Union

L 269/1

---

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1200

of 10 August 2020

entering a name in the register of traditional specialities guaranteed (‘Berthoud’ (TSG))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

| (1) | Pursuant to Article 50(2)(b) of Regulation (EU) No 1151/2012, France’s application to register the name ‘Berthoud’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to Article 50(2)(b) of Regulation (EU) No 1151/2012, France’s application to register the name ‘Berthoud’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Berthoud’ should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Berthoud’ should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Berthoud’ (TSG) is hereby entered in the register.

The name specified in the first paragraph denotes a product in Class 2.21. – prepared meals, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 August 2020.

For the Commission,

On behalf of the President,

Janusz WOJCIECHOWSKI

Member of the Commission

---

(1)  
  OJ L 343, 14.12.2012, p. 1.

1

(2)  
  OJ C 115, 7.4.2020, p. 16.

2

(3)  Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).

3

---
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

ANTOINE EMMANUEL,

Petitioner,

v. Case No. 4:20cv53-TKW-MAF 

WILLIAM BARR, et al.,

Respondents.

/

OR D E R

This case is before the Court based upon the magistrate judge’s Report and 

Recommendation (Doc. 11). No objections to the Report and Recommendation 

were filed. Having reviewed the Report and Recommendation and the case file, I 

agree with the magistrate judge’s determination that this case should be transferred 

to the Southern District of Florida where Petitioner is being detained.

Accordingly, it is ORDERED that:

1. The magistrate judge’s Report and Recommendation is adopted and 

incorporated by reference in this Order.

2. This case is TRANSFERRED to the Southern District of Florida.

DONE and ORDERED this 20th day of April, 2020.

T. Kent Wetherell, II 

T. KENT WETHERELL, II

UNITED STATES DISTRICT JUDGE

Case 4:20-cv-00053-TKW-MAF Document 16 Filed 04/20/20 Page 1 of 1