alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Kenyatta NGENGI, Petitioner-Appellant, v. Roy A. CASTRO, Warden; Attorney General of the State of California, Respondents-Appellees.

No. 00-56363.

D.C. No. CV-99-00820 (GLT).

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Nov. 6, 2001.

Decided June 18, 2002.

Before PREGERSON, REINHARDT, and SILVERMAN, Circuit Judges.

MEMORANDUM1

Kenyatta Ngengi (“Ngengi”), a California state prisoner, appeals the dismissal of his federal habeas petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2254 and reverse.

Ngengi, acting pro se, timely filed a federal habeas corpus petition. After the one-year statute of limitations established by the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) ran out, the district court dismissed Ngengi’s petition without prejudice for failing to exhaust one of the claims. The district court did not advise Ngengi that he had the right to amend his federal habeas petition by deleting the one unexhausted claim as an alternative to suffering dismissal. After exhausting the remaining claim in state court, Ngengi filed a second habeas petition which was dismissed as untimely.

When a petitioner files a federal habeas petition that includes both exhausted and unexhausted claims, the district court must give the petitioner “the choice of returning to state court to exhaust his claims *or of amending*or resubmitting *the habeas petition to present only exhausted claims to the district court.” Rose v. Lundy,*455 U.S. 509, 510, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982) (emphasis supplied). We have held that “a district court, presented with a federal habeas petition for habeas review that includes exhausted and unexhausted claims, must explain to a pro se petitioner that he can amend the petition by deleting the unexhausted claims and proceed with only those that have been exhausted, rather than suffering dismissal of the entire petition without prejudice.” *James v. Pliler,*269 F.3d 1124 (9th Cir.2001); see *also Tilemma v. Long,*253 F.3d 494, 503 (9th Cir.2001). The failure to so inform a petitioner merits the equitable tolling of “any time in excess of AEDPA’s limitation period.” *Tillema,*253 F.3d at 503.

In this case, the district court committed “prejudicial legal error” when it dismissed Ngengi’s petition without giving him the opportunity to amend his petition by deleting the unexhausted claim. *Id.*“[H]ad the district court followed the law, *i.e., Rose v. Lundy,*[Ngengi] would have been permitted to proceed with all but one of his claims; because the district court erred, [Ngengi] lost all opportunity for federal review of all of his claims.” *Id.*at 504. Accordingly, “any time in excess of AED-PA’s limitation period should be tolled.” *Id.*at 503. We therefore reverse the district court’s order dismissing Ngengi’s petition as untimely and remand this case to *926the district court for further proceedings consistent with this memorandum.

REVERSED and REMANDED.

1

. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS) Treasury.

# ACTION:

Notice of meeting.

# SUMMARY:

An open meeting of the Area 7 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

# DATES:

The meeting will be held Wednesday, September 16, 2009.

# FOR FURTHER INFORMATION CONTACT:

Janice Spinks at 1-888-912-1227 or 206-220-6098.

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that a meeting of the Area 7 Taxpayer Advocacy Panel will be held Wednesday, September 16, 2009, at 2 p.m. Pacific Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Janice Spinks. For more information please contact Ms. Spinks at 1-888-912-1227 or 206-220-6098, or write TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174 or post comments to the Web site:                     *http://www.improveirs.org*.                

The agenda will include various IRS issues.

 Dated: July 30, 2009.

Shawn F. Collins,

Acting Director, Taxpayer Advocacy Panel.

[FR Doc. E9-18778 Filed 8-5-09; 8:45 am]

BILLING CODE 4830-01-P
| (logo) WELLS FARGO | **Corporate Trust Services**

  MAC R1204-010  9062 Old Annapolis Road  Columbia, MD 21045  Tel: 410 884 2000  Fax: 410 715 2380 |
|--------------------|----------------------------------------------------------------------------------------------------------------------------------|

 

 

Re: Annual Statement ofCompliance for JPMBB Commercial Mortgage Securities Trust 2015-C33, CommercialMortgage Pass-Through Certificates, Series 2015-C33

 

 

Per the Pooling and ServicingAgreement dated as of November 1, 2015 (the "Agreement"), theundersigned, a duly authorized officer of Wells Fargo Bank, N.A., asCertificate Administrator ("Wells Fargo"), hereby certifies asfollows as of and for the year ending December 31, 2016 (the "ReportingPeriod"):

 

(a) A review of Wells Fargo'sactivities during the Reporting Period and of its performance under theAgreement has been made under such officer's supervision; and

 

(b) To the best of suchofficer's knowledge, based on such review, Wells Fargo has fulfilled all of itsobligations under the Agreement in all material respects throughout theReporting Period.

 

 

February 27, 2017

 

 

/s/ Brian Smith

BRIAN SMITH

Vice President

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 262 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
S. RES. 262

 Concerning the use of United States forces and military operations in 
                                 Haiti.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 20 (legislative day, September 12), 1994

Mr. Feingold submitted the following resolution; which was referred to 
                   the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION

 
 Concerning the use of United States forces and military operations in 
                                 Haiti.

    Resolved, That it is the sense of the Senate that Congress should 
vote on or before October 15, 1994 on a measure containing specific 
authorization for the use of United States forces and military 
operations in Haiti.
                                 <all>
```
Editorial Note on Part 2
Editorial Note: The regulations contained in this part have been recodified in 46 CFR part 287.

§ 2.1-6 Establishment of fund. ( a ) *Authorization by the Administration.* If the application is approved by the Administration, the Administration will adopt Orders authorizing the establishment of a construction reserve fund with the depository or depositories designated by the taxpayer and approved by the Administration. The Orders will provide for joint control by the Administration and the taxpayer over such fund, will set forth the conditions governing the establishment and maintenance of the fund and the making of deposits therein and withdrawals therefrom, and will designate the representatives authorized to execute instruments of withdrawal on behalf of the Administration.
( b ) *Resolution or agreement of the taxpayer.* A certified copy of the Orders of the Administration will be furnished the taxpayer. If the taxpayer is a corporation, it shall promptly adopt, through its board of directors, a resolution satisfactory in form and substance to the Administration, authorizing the establishment and maintenance of the fund in conformity with the action of the Administration. If the taxpayer is not a corporation, it shall promptly execute an agreement with the depository satisfactory in form and substance to the Administration to conform to the action of the Administration as set forth in the Orders. Certified copies of the Orders of the Administration and of the resolution of the taxpayer (if it is a corporation) will be furnished to the depository by the Administration and the taxpayer, respectively, for its guidance in maintaining the fund and honoring instruments of withdrawal. The taxpayer, if a corporation, shall also furnish the Administration with a certified copy of its resolution, or if not a corporation, a duplicate original of its agreement with the depository.
( c ) *Constructive action not recognized.* Constructive deposits, substitutions or withdrawals will not be recognized by the Administration in the establishment and maintenance of the fund.
( d ) *Failure to make deposits as basis for termination of fund.* In the event no deposit is made into the fund for more than five years, any amounts remaining in the fund shall be removed from the fund at the discretion of the Administration and, if so removed, the fund shall be terminated. In the event of such termination, see § 2.1-23 for recognition of gain.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<EXCHANGE-RATE>                                      1
<CASH>                                       4,558,668
<SECURITIES>                                         0
<RECEIVABLES>                                1,151,956
<ALLOWANCES>                                     7,550
<INVENTORY>                                    928,047
<CURRENT-ASSETS>                             6,903,221
<PP&E>                                      17,299,949
<DEPRECIATION>                               7,258,197
<TOTAL-ASSETS>                              17,280,746
<CURRENT-LIABILITIES>                        1,796,454
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        41,948
<OTHER-SE>                                  13,028,239
<TOTAL-LIABILITY-AND-EQUITY>                17,280,746
<SALES>                                      1,626,528
<TOTAL-REVENUES>                             3,050,434
<CGS>                                        1,977,965
<TOTAL-COSTS>                                2,828,832
<OTHER-EXPENSES>                             1,564,340
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             107,715
<INCOME-PRETAX>                            (1,342,738)
<INCOME-TAX>                                     1,256
<INCOME-CONTINUING>                        (1,343,994)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,343,994)
<EPS-PRIMARY>                                   (0.26)
<EPS-DILUTED>                                   (0.26)
        



                                      

</TABLE>
###### Editorial Note on Part 301

#### Editorial Note:

In the text of this part, integral section references are to sections of the Internal Revenue Code of 1954; decimal section references are to the Code of Federal Regulations.

References in the text to the “Code” are references to sections of the Internal Revenue Code of 1954.

#### § 301.6153-1 Installment payments of estimated income tax by individuals.

For provisions relating to installment payments of estimated income tax by individuals, see §§ 1.6153-1 to 1.6153-4, inclusive, of this chapter (Income Tax Regulations).
[Federal Register Volume 74, Number 150 (Thursday, August 6, 2009)]
[Notices]
[Page 39380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18785]



[[Page 39380]]

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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Taxpayer Advocacy Panel Tax Forms and 
Publications Issue Committee

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Taxpayer Advocacy Panel Tax Forms and 
Publications Issue Committee will be conducted. The Taxpayer Advocacy 
Panel is soliciting public comments, ideas and suggestions on improving 
customer service at the Internal Revenue Service.

DATES: The meeting will be held Wednesday, September 2, 2009.

FOR FURTHER INFORMATION CONTACT: Marianne Ayala at 1-888-912-1227 or 
954-423-7978.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Taxpayer Advocacy Panel Tax Forms and 
Publications Issue Committee will be held Wednesday, September 2, 2009, 
at Noon, Eastern Time via telephone conference. The public is invited 
to make oral comments or submit written statements for consideration. 
Due to limited conference lines, notification of intent to participate 
must be made with Marianne Ayala. For more information please contact 
Ms. Ayala at 1-888-912-1227 or 954-423-7978, or write TAP Office, 1000 
South Pine Island Road, Suite 340, Plantation, FL 33324, or post 
comments to the Web site: http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: July 30, 2009.
Shawn F. Collins,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. E9-18785 Filed 8-5-09; 8:45 am]
BILLING CODE 4830-01-P
EPA Reg. No. 83529-11

































*Product ingredient source information may be entitled to confidential treatment*



*Product ingredient source information may be entitled to confidential treatment*



*Product ingredient source information may be entitled to confidential treatment*









































































































































































*Product ingredient source information may be entitled to confidential treatment*
*Product ingredient source information may be entitled to confidential treatment*
















*Product ingredient source information may be entitled to confidential treatment*










*Confidential Statement of Formula may be entitled to confidential t
##### 



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
 .
  3.
    
    the Form 10-Q fully complies with the requirements of Section 13(a) or 15(d) as
applicable, of the Securities Exchange Act of 1934; and4.
    
    the information contained in the Form 10-Q fairly presents, in all material respects,
the financial condition and results of operations of the Company as of, and for, the
periods presented in the Form 10-Q.
 Date: November 8, 2005
    
    /s/ J. Marcus ScrudderJ. Marcus ScrudderChief Financial Officer
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-60049

Summary Calendar

 

MACK BROWN,

Petitioner-Appellant,

versus

JAMES V. ANDERSON, SUPERINTENDENT;

MISSISSIPPI STATE PENITENTIARY,

Respondent-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Mississippi

USDC No. 2:93-CV-100-SA

- - - - - - - - - -

December 26, 1997

Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PER CURIAM:*

Mack Brown, Mississippi prisoner # 62926, appeals the

district court’s judgment denying habeas corpus relief pursuant

to 28 U.S.C. § 2254. Brown argues that he was deprived of

effective assistance of counsel in several respects, the State

withheld exculpatory and impeachment evidence in violation of the

Due Process Clause, and he was deprived of his fundamental right

to testify at trial on his own behalf. We have reviewed the
No. 97-60049

-2-

issues raised by Brown and conclude that he has not demonstrated

that counsel’s performance was deficient at trial or on appeal

and that he was prejudiced. See Strickland v. Washington, 466

U.S. 668, 687 (1984). Relevant to his claim that the State

withheld statements of witnesses, Brown has not established that

the statements contained exculpatory or impeachment evidence. 

See Brady v. Maryland, 373 U.S. 83 (1963); Giglio v. United

States, 405 U.S. 150, 154 (1972). Moreover, the record indicates

that Brown at least acquiesced to a decision that he not testify. 

See Jordan v. Hargett, 34 F.3d 310, 312 (5th Cir. 1994). The

judgment of the district court is AFFIRMED.

Because Brown filed his habeas petition before April 24,

1996, we have construed the district court’s grant of a

certificate of appealability (COA) as a grant of a certificate of

probable cause (CPC). See Lindh v. Murphy, 117 S. Ct. 2059

(1997). Accordingly, we have addressed all of the issues Brown

sought to raise in the district court. See Sherman v. Scott, 62

F.3d 136, 138-39 (5th Cir. 1995), cert. denied, 116 S. Ct. 816

(1996). Therefore, the motion to file an out-of-time reply brief

is DENIED as unnecessary.
39757.

#### STATE BANK OF LEESBURG v. HATCHER.

Decided October 9, 1962.

*Anthony A. May, B. C. Gardner, Jr., Smith, Gardner, Kelley & Wiggins,*for plaintiff in error.

*R. L. LeSueur, R. L. LeSueur, Jr.,*contra.

Felton, Chief Judge.

There being a motion still pending in the trial court to vacate and set aside the judgment which is excepted to in this case the writ of error is premature and must be dismissed. *Code Ann.*§ 6-701. No fact appears in the record to show that the defendant in error is estopped to contend that the writ of error should be dismissed for the above reason.

*Writ of error dismissed.*

*Bell and Hall, JJ., concur.*
EXHIBIT 32.1

# CERTIFICATION OF
PERIODIC FINANCIAL REPORTS

Solely for the purposes of complying
with Section 906 of the Sarbanes-Oxley Act of 2002, we, William D. Gehl, Chairman of the
Board of Directors and Chief Executive Officer, and Kenneth P. Hahn, Vice President of
Finance and Chief Financial Officer, of Gehl Company, certify, based on our knowledge,
that:

| | (1) | the
Quarterly Report on Form 10-Q for the three-month period ended June 26, 2004
          (the Quarterly Report) to which this statement is an exhibit 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
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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

Dated:  August 9, 2004

| | 
| | 
| | 
| | 
| | 
| |
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2000 TRAVERWOOD DRIVE

ANN ARBOR, MI 48105-2498

 OFFICE OF

AIR AND RADIATION

November 5, 2013

MEMORANDUM

SUBJECT: Meeting with Ford Motor Company regarding Tier 3

FROM: Michael Olechiw

TO: EPA Docket # EPA-HQ-OAR-2011-0135

This memo documents a meeting held on November 5, 2013 between representatives of Ford 

Motor Company and EPA to discuss Tier 3 US06 PM standards.

The agenda as well as the attendees are shown below. The purpose of the meeting was to clarify

points in the Tier 3 rule.

Attendees:

Michael Olechiw EPA

Todd Rumpsa Ford

Jeff Glodich Ford

John Hedges Ford

Tony Fernandez EPA

Matti Maricq Ford

Will Ruona Ford

Dominic DiCicco Ford

Tad Wysor EPA

Don Kopinski EPA

David Eiges CARB (by phone)

Joe McDonald EPA (by phone)

Agenda

US06 PM Standards
| (logo) WELLS

            FARGO | **Commercial  Mortgage Servicing**D1050-084,  8th Floor  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334

 

  |
|-----------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------|

 

**ANNUAL STATEMENT OFCOMPLIANCE**

** **

** **

Reference is herebymade to that certain Pooling and Servicing Agreement dated as of November 1,2015, by and among Morgan Stanley Capital I Inc., as Depositor, Wells FargoBank, National Association, as Master Servicer and initial Excluded SpecialServicer, LNR Partners, LLC, as General Special Servicer, Park Bridge LenderServices LLC, as Trust Advisor, Wilmington Trust, National Association, asTrustee, and Wells Fargo Bank, National Association, as CertificateAdministrator, Certificate Registrar, Authenticating Agent and Custodian withrespect to Commercial Mortgage Pass-Through Certificates Series 2015-C26 (the"Agreement"). Capitalized terms used herein not otherwise definedshall have the meanings assigned in the Agreement.

 

Pursuant to Section13.9 of the Agreement, I, Daniel Marthinsen, Managing Director of SpecialServicing do hereby certify that:

 

1.           A review of the activities of the Excluded Special Servicer Servicer during theperiod from January 1, 2018 through December 31, 2018 (the “Reporting Period”),and of its performance per the Agreement during such period has been made undermy supervision, and

 

2.           To the best of my knowledge, based on such review, the Excluded SpecialServicer, has fulfilled all of its obligations under the Agreement in allmaterial respects throughout the Reporting Period.

 

 

IN WITNESS WHEREOF,the undersigned has executed this Certificate as of the 28th day ofFebruary 2019.

 

 

/s/ Daniel Marthinsen

Daniel Marthinsen 

Managing Director

Wells Fargo Bank

 

 

| Wells Fargo Bank,  N.A. | (logo) Together  we’ll go far |
|-------------------------|-------------------------------------|