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

No. 19
- 6277

ANGELO APPLEWHITE , Petitioner

- Appellant ,

v.
LARRY DAIL , Respondent

- Appellee

.
Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh

. James C. Dever III , District Judge. ( 5:17

- hc

- 02005

- D )

Submitted : April 25, 2019 Decided: April 30, 2019

Before FLOYD and QUATTLEBAUM , Circuit Judges , and TRAXLER, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

.
Angelo Applewhite, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Angelo Applewhite seeks to appeal the district court’s order dismissing as untimely his 28 U.S.C. § 2254 (2012) petition. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. Parties are accorded 30 days after the entry of the district court’s fina l judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” Bowles v. Russell , 551 U.S. 205, 214 (2007).
The district court’s order was entered on the docket on January 4, 2019

. Thus, Applewhite had until February 4, 2019 , * to file a notice of appeal. Applewhite’ s notice of appeal was filed, at the earliest, on February 7, 2019

. See Houston v. Lack , 487 U.S. 266, 276 (1988) (holding that pro se prisoner’s notice of appeal is considered filed moment it is delivered to prison authorities for mailing to court). Because Applewhite failed to file a timely notice of appeal or obtain an extension or reopening of the appeal period, we deny leave to proceed in forma pauperis and dismiss the appeal. We deny Applewhite’s motion for permission to appeal sentence modifica tion under 18 U.S.C. § 3582(c)(2) (2012) , and dispense with oral argument because the facts and legal

* The 30

- day appeal period expired on Sunday, February 3. The notice of appeal was, therefore, due on the next business day

. See Fed. R. App. P. 26(a)(1)(C).3 contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED
THE THIRTEENTH COURT OF APPEALS

13-17-00351-CR

Ex Parte Noe De Jesus Puga

On Appeal from the

138th District Court of Cameron County, Texas

Trial Cause No. 2017-DCR-00682

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes that the judgment of the trial court should be AFFIRMED. The Court 

orders the judgment of the trial court AFFIRMED.

We further order this decision certified below for observance.

January 31, 2019
#### § 105-50.301 Established fees.

Where there is an established schedule of fees for services to other Government agencies or the public, the schedule shall be used as the basis for reimbursement for like services furnished to State and local governments.
No. D-2670.

#### In re Discipline of Wexler.

Norman Paul Wexler, of Weston, Fla., is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
#### § 109-1.101 Federal Property Management Regulations/Federal Management Regulation System.
Exhibit
      32





**CERTIFICATION
      OF**


**CHIEF
      EXECUTIVE OFFICER**


**AND
      CHIEF FINANCIAL OFFICER**


**PURSUANT
      TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





The
      undersigned hereby certifies, pursuant to, and as required by, 18 U.S.C. Section
      1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
      that
      the Annual Report of NextPhase Wireless, Inc. (the “Company”) on Form 10-KSB for
      the year ended March 31, 2005 fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that
      information contained in such Annual Report on Form 10-KSB fairly presents,
      in
      all material respects, the financial condition and results of operations of
      the
      Company.








Dated:
      July 28, 2005





/s/
                  Robert Ford
                Robert
                  Ford
                Chief
                  Executive Officer and
                Principal
                  Accounting Officer
<TABLE> <S> <C>

<ARTICLE>                                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS   FINANCIAL  INFORMATION   EXTRACTED  FROM  ALBERTSON'S
FORM 10 Q  FOR THE  39 WEEKS  ENDED  NOVEMBER 2, 2000,  AND IS  QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                         1,000,000

<S>                                                <C>
<PERIOD-TYPE>                                            9-MOS
<FISCAL-YEAR-END>                                  FEB-01-2001
<PERIOD-START>                                     FEB-04-2000
<PERIOD-END>                                       NOV-02-2000
<CASH>                                                      38
<SECURITIES>                                                 0
<RECEIVABLES>                                              571
<ALLOWANCES>                                                40
<INVENTORY>                                              3,527
<CURRENT-ASSETS>                                         4,298
<PP&E>                                                  14,976
<DEPRECIATION>                                           5,509
<TOTAL-ASSETS>                                          15,913
<CURRENT-LIABILITIES>                                    3,767
<BONDS>                                                  5,518
<PREFERRED-MANDATORY>                                        0
<PREFERRED>                                                  0
<COMMON>                                                   409
<OTHER-SE>                                               5,241
<TOTAL-LIABILITY-AND-EQUITY>                            15,913
<SALES>                                                 27,218
<TOTAL-REVENUES>                                        27,218
<CGS>                                                   19,514
<TOTAL-COSTS>                                           19,514
<OTHER-EXPENSES>                                             0
<LOSS-PROVISION>                                             0
<INTEREST-EXPENSE>                                         281
<INCOME-PRETAX>                                            903
<INCOME-TAX>                                               358
<INCOME-CONTINUING>                                        545
<DISCONTINUED>                                               0
<EXTRAORDINARY>                                              0
<CHANGES>                                                    0
<NET-INCOME>                                               545
<EPS-BASIC>                                               1.29
<EPS-DILUTED>                                             1.29



</TABLE>
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

JACQUELINE CRANDALL
, Appellant,

v.

STATE OF FLORIDA
, Appellee

.

No. 4D 20

- 2098

[ July 22, 2021 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Dina A. Keever

- Agrama , Judge; L.T. Case No.

502020MH002104

.

Carey Haughwout, Public Defender, and Narine N. Austin, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Jacqueline I. Kurland, Senior Assistant Attorney General, Fort Lauderdale, for appellee.

P ER C URIAM

.

Affirmed.

F ORST

, K LINGENSMITH and A RTAU

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Editorial Note on Subpart 101-6.21 of Part 101-6
Editorial Note: For additional information, see related documents published at 47 FR 57369, Dec. 23, 1982, 48 FR 17101, Apr. 21, 1983, and 48 FR 29096, June 24, 1983.

§ 101-6.2110 How does the Administrator make efforts to accommodate intergovernmental concerns? ( a ) If a State process provides a State process recommendation to GSA through its single point of contact, the Administrator either: ( 1 ) Accepts the recommendation;
( 2 ) Reaches a mutually agreeable solution with the State process; or
( 3 ) Provides the single point of contact with such written explanation of its decision, as the Administrator in his or her discretion deems appropriate. The Administrator may also supplement the written explanation by providing the explanation to the single point of contact by telephone, other telecommunication, or other means.
( b ) In any explanation under paragraph (a)(3) of this section, the Administrator informs the single point of contact that: ( 1 ) GSA will not implement its decision for at least ten days after the single point of contact receives the explanation; or
( 2 ) The Administrator has reviewed the decision and determined that, because of unusual circumstances, the waiting period of at least ten days is not feasible.
( c ) For purposes of computing the waiting period under paragraph (b)(1) of this section, a single point of contact is presumed to have received written notification 5 days after the date of mailing of such notification.
<PAGE>   1


EXHIBIT NO. 99.2: CAUTIONARY STATEMENT FOR PURPOSES OF THE "SAFE HARBOR"
PROVISIONS OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995

Written or oral statements made by Alcan or its representatives, including
statements set forth in Alcan's Form 10-Q for the quarter ended March 31, 2000,
which describe the Company's or management's objectives, projections, estimates,
expectations or predictions of the future may be "forward-looking statements"
within the meaning of the United States Private Securities Litigation Reform Act
of 1995, which can be identified by the use of forward-looking terminology such
as "believes," "expects," "may," "will," "should," "estimates," "anticipates" or
the negative thereof or other variations thereon. The Company cautions that, by
their nature, forward-looking statements involve risk and uncertainty and that
the Company's actual results could differ materially from those expressed or
implied in such forward-looking statements or could affect the extent to which a
particular projection is realized.

Important factors which could cause the Company's actual performance to differ
materially from projections or expectations included in forward-looking
statements include global aluminum supply and demand conditions, aluminum ingot
prices and changes in other raw materials costs and availability, cyclical
demand and pricing within the principal markets for the Company's products,
changes in government regulations, particularly those affecting environmental,
health or safety compliance, economic developments and other factors within the
countries in which the Company operates or sells its products and other factors
relating to the Company's ongoing operations including, but not limited to,
litigation, labour negotiations and fiscal regimes.

Copies of the Company's filings may be obtained by contacting the Company or the
United States Securities and Exchange Commission.

                                       66
Exhibit












Exhibit 10.40


AMENDMENT TO THE SECOND AMENDED AND RESTATED IHS INC. 2004 LONG-TERM INCENTIVE PLAN


WHEREAS, effective [December 8, 2016], IHS Markit Ltd. (the “Company”) desires to amend the Amended and Restated IHS Inc. 2004 Long-Term Incentive Plan (the “2004 Plan”) in certain respects; and 


WHEREAS, Section 19.1 of the 2004 Plan provides that the Human Resources Committee of the Company (the “Committee”) may amend the 2004 Plan, as evidenced by a written instrument signed by an authorized officer of the Company;


NOW, THEREFORE, in Section 20.1 of the 2004 Plan, the words “minimum statutory” shall be, and hereby are, replaced with the word “maximum”.


NOW, THEREFORE, Section 20.2 of the 2004 Plan shall be, and hereby is, deleted in its entirety and the following inserted in lieu thereof:  


“20.2 Share Withholding. With respect to withholding required upon the exercise of Options or SARs or any other taxable event arising as a result of an Award, Participants may elect, subject to the approval of the Committee, to satisfy the withholding requirement, in whole or in part, by having the Company withhold Shares having a FMV on the date the tax is to be determined (a) equal to the maximum total tax that could be imposed on the transaction, with respect to Participants who are subject to Section 16 of the Exchange Act and (b) equal to the maximum or up to the maximum total tax that could be imposed on the transaction, with respect to Participants not covered by Section 20.2(a). All such elections shall be irrevocable, made in writing, and signed by the Participant, and shall be subject to any restrictions or limitations that the Committee, in its sole discretion, deems appropriate. With respect to withholding required upon the lapse of restrictions on Restricted Stock and RSUs, or upon the achievement of performance goals related to Performance Shares, the withholding requirement shall be met in whole by having the Company withhold Shares as described above, unless otherwise provided by the Committee or if not permitted under applicable law.”


Excepted as amended by this Amendment, all of the provisions of the 2004 Plan shall remain in full force and effect.


Capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings assigned to such terms in the 2004 Plan.


IN WITNESS WHEREOF, the Committee has amended the 2004 Plan by the foregoing Amendment.






 
  | 1
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF ALLIS-CHALMERS CORPORATION AS OF AND FOR THE 
NINE MONTHS ENDED SEPTEMBER 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                             180
<SECURITIES>                                       642
<RECEIVABLES>                                      512
<ALLOWANCES>                                        30
<INVENTORY>                                        112
<CURRENT-ASSETS>                                 1,562
<PP&E>                                           2,505
<DEPRECIATION>                                   1,432
<TOTAL-ASSETS>                                   2,635
<CURRENT-LIABILITIES>                            8,790
<BONDS>                                            243
<PREFERRED-MANDATORY>                            8,307
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (23,767)
<TOTAL-LIABILITY-AND-EQUITY>                   (2,635)
<SALES>                                              0
<TOTAL-REVENUES>                                 2,826
<CGS>                                                0
<TOTAL-COSTS>                                    2,186
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  28
<INCOME-PRETAX>                                (1,816)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (1,816)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,816)
<EPS-PRIMARY>                                   (1.81)
<EPS-DILUTED>                                   (1.81)
        

</TABLE>
§ 102-34.305 What forms do we use to transfer ownership when selling a motor vehicle? Use the following forms to transfer ownership: ( a ) SF 97, The United States Government Certificate to Obtain Title to a Motor Vehicle, if both of the following apply: ( 1 ) The motor vehicle will be retitled by a State, Commonwealth, territory or possession of the United States or the District of Columbia; and
( 2 ) The purchaser intends to operate the motor vehicle on highways. Note to § 102-34.305 ( a
)(2):
Do not use SF 97 if the Government-owned motor vehicle is either not designed or not legal for operation on highways. Examples are construction equipment, farm machinery, and certain military-design motor vehicles and motor vehicles that are damaged beyond repair in crashes and intended to be sold as salvage only. Instead, use an appropriate bill of sale or award document. Examples are Optional Form 16, Sales Slip—Sale of Government Personal Property, and SF 114C, Sale of Government Property-Bid and Award.
( b ) SF 97 is optional for foreign fleet motor vehicles because foreign governments may require the use of other forms.
Note to § 102-34.305 :
The original SF 97 is printed on secure paper to identify readily any attempt to alter the form. The form is also pre-numbered to prevent duplicates. State motor vehicle agencies may reject certificates showing erasures or strikeovers.
#### § 102-76.85 What is a primary function area for purposes of providing an accessible route in leased facilities subject to the standards in § 102-76.65(a)?

For purposes of providing an accessible route in leased facilities subject to the standards in § 102-76.65(a), a primary function area is an area that contains a major activity for which the leased facility is intended. Primary function areas include areas where services are provided to customers or the public, and offices and other work areas in which the activities of the Federal agency using the leased facility are carried out.
§ 109-46.000-50 Applicability. ( a ) Except as set forth in paragraphs (a)(1) through (5) of this section, the requirements of FPMR/FMR part 101-46 and this part are not applicable to designated contractors. Designated contractors shall comply with the following FPMR/FMR requirements: ( 1 ) 101-46.200;
( 2 ) 101-46.201-1;
( 3 ) 101-46.202(b)(2), (3), (4), (5), (6), and (7);
( 4 ) 101-46.202(c)(1), (2), (4), (5), (6), (7), (10), (11), and (12);
( 5 ) 101-46.202(d).
( b ) Items in the following Federal Supply Classification Groups (FSCG) are not eligible for processing under the exchange/sale provision. Requests for waivers must be processed through the DPMO to GSA.
Description FSCG 10 Weapons 11 Nuclear ordnance 12 Fire control equipment 14 Guided missiles 15 Aircraft and airframe structural components (except FSC Class 1560, Airframe structural components) 20 Ship and marine equipment 22 Railway equipment 41 Firefighting, rescue, and safety equipment
FOR MORE INFORMATION ON WHISTLEBLOWER PROTECTION, VISIT CNCSOIG.GOV.

Notice to Contractors and 

Grantees' Employees

Whistleblower Rights and 

Remedies (41 U.S.C. § 4712)

Protected Disclosures

• As an employee of a CNCS grantee, contractor or subcontractor, you may not be discharged,

demoted, or otherwise discriminated against for disclosing information that you reasonably

believe is evidence of:

o Gross mismanagement or waste of a Federal contract or grant,

o An abuse of authority relating to a Federal contract or grant, (an arbitrary and capricious

exercise of authority that is inconsistent with the mission of CNCS or the successful

performance of a contract or grant of CNCS)

o A substantial and specific danger to public health or safety, or

o A violation of law, rule, or regulation related to a Federal contract or grant.

• You may disclose suspected wrongdoing to any of the following:

o The CNCS Office of Inspector General (OIG),

o A CNCS employee responsible for contract or grant oversight or management,

o A management official or other employee of the contractor or grantee who has the

responsibility to investigate, discover, or address misconduct, or

o An authorized official of the Department of Justice or other law enforcement agency, a

Member of Congress or a representative of a committee of Congress, or the Government

Accountability Office.

Submitting Complaints

• If you believe you have been subjected to a reprisal for disclosing wrongdoing, you may submit a

complaint to the CNCS OIG within three years of the date on which the alleged reprisal took

place.

• You can find the procedures for submitting fraud, waste, abuse, and whistleblower complaints on

the CNCS OIG Internet site at www.cncsoig.gov.

Agency Action on Your Complaint

• Not later than 30 days after receiving an IG report on your complaint that you were subject to

reprisal for reporting wrongdoing, the CEO shall issue an order denying relief or shall take one or

more of the following actions:

o Order the grantee to take affirmative corrective action to stop the reprisal.

o Order the grantee to reinstate you to the position that you previously held, together with

compensatory damages (including back pay), employment benefits, and other terms and

conditions of employment that would apply to you in that position if the reprisal had not

been taken.

o Order the grantee to pay you an amount equal to the aggregate amount of all costs and

expenses (including attorneys’ fees and expert witnesses’ fees) that were reasonably

incurred by you in connection with bringing the complaint, as determined by the CEO.

Your Right to go to Court

• If the CEO issues an order denying relief or has not issued an order within 210 days after the

submission of your complaint:

o All administrative remedies will be deemed exhausted, and

o You may bring an action at law or equity against the grantee.

• Time Limit: You must go to court within two years of when any order was issued by the CEO, or

within two years and 210 days after your complaint (if the CEO has not issued an order).
**Exhibit 32.1**

 

CERTIFICATIONS

 

 

Harry Kletter and Alan L.Schroering, being the Chief Executive Officer and Chief Financial Officer,respectively, of Industrial Services of America, Inc., hereby certify as of this15th day of May, 2009, that the Form 10-Q for the Quarter ended March 31, 2009,fully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 and that the information contained in the Form 10-Q fairlypresents, in all material respects, the financial condition and results ofoperations of Industrial Services of America, Inc.

 

 

 

|  
 /s/ Harry Kletter
 
Harry Kletter, Chief Executive Officer
 
 
 
 
 /s/ Alan L. Schroering
 
Alan L. Schroering, Chief Financial Officer
 

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