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

No. 23

- 6915

WILLIAM ANTHONY JOHNSON , Petitioner

- Appellant ,

v. R. HUDGINS, Warden , Respondent

- Appellee

.

Appeal from the United States District Court for the Northern District of West Virginia , at Martinsburg

. Gina M. Groh, District Judge. ( 3:20

- cv - 00057

- GMG )

Submitted : May 30 , 2024 Decided: June 3, 2024

Before GREGORY and HARRIS , Circuit Judges , and MOTZ , Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.
William Anthony Johnson , Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6915 Doc: 14 Filed: 06/03/2024 Pg: 1 of 22 PER CURIAM: William Anthony Johnson , a federal prisoner, appeals the district court’s order denying his Fed. R. Civ. P. 60(b) motion for reconsideration of the district court’s order adopting the recommendation of the magistrate judge and denying relief on Johnson’s 28 U.S.C. § 2241 petition

. * We review a district court’s denial of a motion for reconsideration
for abuse of discretion. See Aikens , 652 F.3d at 501 (4th Cir. 2011). We have reviewed the record and conclude that the district court did not abuse its discretion in denying Johnson’s Rule 60(b) motion. Accordingly, we affirm the district court ’s order

. Johnson v. Hudgins , 3:20

- cv 00057

- GMG ( N.D.W. Va., July 20, 2023). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED

* After denying Johnson’s § 2241 petition on March 16, 2023, the district court granted his motion to extend the time in which to file a motion for reconsideration pursuant to Fed. R. Civ. P. 59(e). We conclude that the district court was without authority to grant such an extension. See Fed. R. Civ. P. 6(b)(2). Accordingly, because Johnson filed his motion for reconsideration on April 21, 2023, see Houston v. Lack , 487 U.S. 266, 276 (1988), more than 28 days after entry of the court’s judgment, the motion is properly construed as arising under Rule 60(b), see MLC Auto., LLC v. Town of S. Pines , 532 F.3d 269, 277

- 78 (4th Cir. 2008) (construing prior version of Rule 59(e) with 10

- day time period) . To the extent that Johnson attempts to appeal the underlying order, an appeal from the denial of a Rule 60(b) motion does not “bring up the underlying judgment for review. ” Aikens v. Ingram , 652 F.3d 496, 501 (4th Cir. 2011) (cleaned up). USCA4 Appeal: 23-6915 Doc: 14 Filed: 06/03/2024 Pg: 2 of 2
§ 555.6 Information demands and subpoenas. ( a ) In furtherance of this part, the Commission may, by order, require any person (including any common carrier, shipper, shipper's association, ocean freight forwarder, or marine terminal operator, or any officer, receiver, trustee, lessee, agent or employee thereof) to file with the Commission any periodic or special report, answers to questions, documentary material, or other information which the Commission considers necessary or appropriate, and in the form and within the time prescribed by the Commission. Responses to such orders may be required by the Commission to be made under oath.
( b ) The Commission may issue subpoenas to compel the attendance and testimony of witnesses and the production of records or other evidence as it deems necessary and appropriate in conducting an investigation under § 555.5 of this part.
( c ) The Commission may, in its discretion, determine that any information submitted to it in response to a request (including a subpoena) under this section, or accompanying a petition under § 555.4, or voluntarily submitted by any person pursuant to § 555.5(c), shall not be disclosed to the public. To this end, persons submitting information for consideration in a proceeding or investigation under this part may indicate in writing any factors they wish the Commission to consider relevant to a decision on confidentiality under this section; however, such information will be advisory only, and the actual determination will be made by the Commission. In the event that a request for confidentiality is not accommodated, the person making the request will be so advised before any disclosure occurs.
[54 FR 11533, Mar. 21, 1989. Redesignated at 64 FR 8010, Feb. 18, 1999, and amended at 67 FR 39862, June 11, 2002]
#### § 565.11 Presidential review.

The Commission shall transmit all orders of suspension or final orders of prohibition to the President of the United States concurrently with the submission of such orders to the Federal Register pursuant to § 565.9(d) or § 565.10(c)(3). The President may, within 10 days of either the receipt or effective date of the order, request in writing that the Commission stay the effect of the order for reasons of national defense or foreign policy.
§ 502.13 Privacy protection for filings made with the Commission. ( a ) *Redacted filings.* Unless the Commission or presiding officer orders otherwise, in an electronic or paper filing that contains an individual's social-security number, taxpayer-identification number, or birth date, the name of an individual known to be a minor, or a financial-account number, a party or nonparty making the filing may include only: ( 1 ) The last four digits of the social-security number and taxpayer-identification number;
( 2 ) The year of the individual's birth;
( 3 ) The minor's initials; and
( 4 ) The last four digits of the financial-account number.
( b ) *Exemptions from the redaction requirement.* The redaction requirement does not apply to the following: ( 1 ) The record of an administrative or agency proceeding;
( 2 ) The record of a state-court proceeding;
( 3 ) The record of a court or tribunal, if that record was not subject to the redaction requirement when originally filed; and
( 4 ) A filing covered by paragraph (c) of this section.
( c ) *Filings made under seal.* The Commission or presiding officer may order that a filing be made under seal without redaction. The Commission or presiding officer may later unseal the filing or order the person who made the filing to file a redacted version for the public record.
( d ) *Protective orders.* For good cause, the Commission or presiding officer may by order in a case: ( 1 ) Require redaction of additional information; or
( 2 ) Limit or prohibit a nonparty's remote electronic access to a document filed with the Commission.
( e ) *Option for additional unredacted filing under seal.* A person making a redacted filing may also file an unredacted copy under seal. The Commission must retain the unredacted copy as part of the record.
( f ) *Option for filing a reference list.* A filing that contains redacted information may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The list must be filed under seal and may be amended as of right. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information.
( g ) *Waiver of protection of identifiers.* A person waives the protection of this rule as to the person's own information by filing it without redaction and not under seal. [Rule 13.]
[76 FR 10261, Feb. 24, 2011]
§ 560.5 Receipt of relevant information. ( a ) In making its decision on matters arising under section 13(b)(6)of the Act (46 U.S.C. 41108(d)), the Commission may receive and consider relevant information from any owner, operator, or conference in an affected trade, or from any foreign government, either directly or through the Department of State or from any other reliable source. All such submissions should be supported by affidavits of fact and memorandum of law. Relevant information may include, but is not limited to: ( 1 ) Statistics, with sources, or, if unavailable, the best estimates pertaining to: ( i ) The total cargo carried in the affected liner or bulk trade by type, source, value, tonnage and direction.
( ii ) Cargo carried in the affected trade on vessels owned or operated by any person or conference, by type, source, value, tonnage and direction.
( iii ) The percentage such cargo carried is of the total affected liner or bulk trade, on a tonnage and value basis.
( iv ) The amount of cargo reserved by a foreign government for national-flag or other vessels in the affected trade, on a tonnage and value basis, and a listing of the types of cargo and specific commodities which are reserved for national-flag or other vessels.
( 2 ) Information on the operations of vessels of any party serving the affected trade, including sailings to and from ports in the trade, taxes or other charges paid to foreign authorities, and subsidies or other payments received from foreign authorities.
( 3 ) Information clarifying the meaning of the foreign law, rule, regulation or practice complained of, and a description of its implementation.
( 4 ) Complete copies of all conference and other agreements, including amendments and related documents, which apply in the trade.
( b ) Once introduced or adduced, information of the character described in paragraph (a) of this section, and petitions and responses thereto, shall be made part of the record for decision and may provide the basis for Commission findings of fact and conclusions of law, and for the imposition of sanctions under the Act and this part.
[49 FR 45406, Nov. 15, 1984. Redesignated and amended at 64 FR 8009, 8010, Feb. 18, 1999; 74 FR 50734, Oct. 1, 2009]
§ 550.601 Actions to correct unfavorable conditions. Upon submission of a petition filed under the rules of this part, or upon its own motion, the Commission may find that conditions unfavorable to shipping in the foreign trade of the United States do exist, and may, without further proceedings, issue regulations which may: ( a ) Impose equalizing fees or charges;
( b ) Limit sailings to and from United States ports or the amount or type of cargo carried;
( c ) Suspend, in whole or in part, tariffs and service contracts for carriage to or from United States ports, including a common carrier's right to use tariffs of conferences and service contracts of agreements in United States trades of which it is a member for any period the Commission specifies;
( d ) Suspend, in whole or in part, an ocean common carrier's right to operate under an agreement, including any agreement authorizing preferential treatment at terminals or preferential terminal leases, whether filed with the Commission or not filed with the Commission pursuant to the exemptions granted in 46 CFR Part 535; or any agreement filed with the Commission authorizing space chartering, or pooling of cargo or revenues with other ocean common carriers;
( e ) Impose a fee, not to exceed $1,000,000 per voyage;
( f ) Request the collector of customs at the port or place of destination in the United States to refuse the clearance required by section 4197 of the Revised Statutes (46 U.S.C. 60105), to a vessel of a foreign carrier which is or whose government is identified as contributing to the unfavorable conditions described in subpart C;
( g ) Request the collector of customs at the port or place of destination in the United States to collect any fees imposed by the Commission under paragraph (e) of this section;
( h ) Request the Secretary of the department in which the Coast Guard is operating to deny entry, for purposes of oceanborne trade, of any vessel of a foreign carrier which is or whose government is identified as contributing to the unfavorable conditions described in subpart C, to any port or place in the United States or the navigable waters of the United States, or to detain any such vessel at the port or place in the United States from which it is about to depart for any other port or place in the United States; or
( i ) Take any other action the Commission finds necessary and appropriate to adjust or meet any condition unfavorable to shipping in the foreign trade of the United States.
[58 FR 64910, Dec. 10, 1993. Redesignated and amended at 64 FR 8008, 8009, Feb. 18, 1999; 67 FR 39861, June 11, 2002; 74 FR 50733, Oct. 1, 2009]
N OTE : This disposition is nonprecedential.


# United States **Court of Appeals**  **for the Federal Circuit**

______________________

MARK H. BONNER,

Claimant

- Appellant

v.

DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent

- Appellee

______________________

2021

- 1817

______________________
Appeal from the United States Court of Appeals for Veterans Claims in No. 18

- 6927, Chief Judge Margaret C.Bartley, Judge Michael P. Allen, Judge William S. Greenberg.

______________________

JUDGMENT

______________________

M ARK H. B ONNER
, Ave Maria School of Law, Naples, FL, argued for claimant

- appellant.

B ORISLAV K USHNIR
, Commercial Litigation Branch, C ivil Division, United States Department of Justice, Washi ngton, DC, argued for respondent

- appellee. Also represented by R ETA E MMA B EZAK
, B RIAN M. B OYNTON
, C LAUDIA B URKE
, M ARTIN F. H OCKEY
, J R .; B RIAN D. G RIFFIN
, A NDREW Case: 21-1817 Document: 40 Page: 1 Filed: 12/14/2021J. S TEINBERG , Office of General Counsel, United States Department of Veterans Affairs

, Washington, DC

.

______________________

T HIS C AUSE ha ving been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (P ROST
, T ARANTO
, and C HEN
, Circuit Judges ).

AFFIRMED. See Fed . Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

December 14, 2021 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court Case: 21-1817 Document: 40 Page: 2 Filed: 12/14/2021
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

# District: 2
Federal Reserve Bank of: New York

## Filings received during the week ending February 21, 2009

|Filer                        | Filing Type    | Filing Proposal                                                                                                                                                                        | End of Comment Period                                 
|---------------------------- | -------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------
|UNITED OVERSEAS BANK LIMITED | FBSEA          | United Overseas Bank Limited, Singapore, to establish branches in Los Angeles and New York by upgrading its existing agencies, pursuant to Section 211.24(a)(1)(i)(A) of Regulation K. | Newspaper:Not availableFederal Register:Not applicable
|Newspaper:                   | Not available 
|Federal Register:            | Not applicable

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for Second Quarter of 2009 (April 1, 2009 - June 30, 2009)

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

---

Home Banking information and regulation  Accessibility Contact 
  us
**Exhibit 32.2**

 

**CERTIFICATIONPURSUANT TO**

**18 U.S.C. SECTION1350,**

**AS ADOPTED PURSUANTTO SECTION 906**

**OF THE SARBANES-OXLEYACT OF 2002**

 

In connection with the Quarterly Report ofSanders Morris Harris Group Inc. (the “Company”) on Form 10-Q for the period endedJune 30, 2003 (the “Report”), as filed with the Securities and ExchangeCommission on the date hereof, I, Rick Berry, Chief Financial Officer of theCompany, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 ofthe Sarbanes-Oxley Act of 2002, that:

 

1.               The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934,as amended; and

 

2.               The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| /s/  RICK BERRY    |   |
|-------------------------|--------|
| Rick Berry              |
| Chief Financial Officer |
|                    |
|                    |
| August 12, 2003         |

 

A signed original of this written statement required by Section 906 hasbeen provided to Sanders Morris Harris Group Inc. and will be retained bySanders Morris Harris Group Inc. and furnished to the Securities and ExchangeCommission or its staff upon request.

 

----
MEMORANDUM

SUBJECT: 3-22-12 Meeting with Industry Coalition on December 2011 NHSM Proposal

FROM: Tab Tesnau

Office of Resource Conservation and Recovery

TO: Docket ID No. EPA-HQ-RCRA-2008-0329

On March 22, 2012, EPA met with various members of an industry coalition (including the 

forest product industry) to discuss their issues and concerns with proposed revisions to the NonHazardous Secondary Materials (NHSM), published in the Federal Register on December 23, 

2011 (76 FR 80452).

During that meeting, industry members expressed concerns with the overall structure of the 

NHSM rule, as well as provided information as to why various NHSMs should be listed as 

categorical non-waste fuels, including resinated wood, tire-derived fuel, wastewater treatment 

residuals (i.e., pulp and paper sludges), paper recycling residuals/OCC rejects, processed 

construction and demolition (C&D) wood, and non-hazardous treated wood. EPA asked 

clarifying questions. Both the agenda for the meeting as well as a list of attendees are attached.

Attachments
Industry Coalition meeting with EPA on NHSM

March 22 from 1 to 2:30

Logistics:

o Location: ORCR, Two Potomac Yard (North Building); 2733 Crystal Drive; 

Arlington/Crystal City, VA; Room 6100

o Attending: Tim Hunt (AF&PA/AWC), Paul Noe (AF&PA), Jeff Shumaker (IP), 

Mike Curtis (GP), Corey Brandt (RockTenn), Steve Woock (Weyerhaeuser), Rob 

Kaufmann (Koch), Vipin Varma (NCASI), Susan Bodine, Tracey Norberg (RMA), 

Sarah Amick (RMA), Bill Turley (CRMA), Gary Melow (BPA)

Draft Agenda

Introductions

Legal issues (5 minutes)

Program Structure (35 minutes)

 Contained gas

 Contaminant comparisons

 Definitions

 Petition process 

 Homogeneous material

 Comfort letters

Non-waste fuel listing (45 minutes)

 Resinated wood

 TDF

 Wastewater Treatment Residuals 

 Paper recycling residuals/OCC rejects

 Processed C&D

 Non-hazardous treated wood

 Other materials

Wrap Up (5 minutes):

 Summarize key outstanding questions

 Other issues – rule schedule
V

104TH CONGRESS

1ST SESSION H. R. 1467

For the relief of Leland E. Person.

IN THE HOUSE OF REPRESENTATIVES

APRIL 6, 1995

Mr. LIPINSKI introduced the following bill; which was referred to the

Committee on Veterans’ Affairs

A BILL

For the relief of Leland E. Person.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ELIGIBILITY FOR VETERANS’ GROUP LIFE IN4 SURANCE.

5 Lieutenant Colonel Leland E. Person, United States

6 Marine Corps (retired), of Western Springs, Illinois, shall

7 be eligible to receive Veterans’ Group Life Insurance

8 under section 1977 of title 38, United States Code. He

9 shall be so insured upon submission of an application, not

10 later than 60 days after the date of the enactment of this

11 Act, in the manner prescribed by the Secretary of Veter-
2

•HR 1467 IH

1 ans Affairs and the payment of premiums as required

2 under section 1977 of such title.

Æ
# C_2012039EN.01001403.xml

| 11.2.2012 | EN | Official Journal of the European Union | C 39/14 |
| --- | --- | --- | --- |

11.2.2012

EN

Official Journal of the European Union

C 39/14

---

Order of the General Court of 12 December 2011 — AO v Commission

(Case T-365/11 P) (1)

(Appeal - Civil service - Officials - Time-limit for appeal - Late submission - Signed original of the appeal lodged out of time - Unforeseeable circumstances - Article 43(6) of Rules of Procedure of the General Court - Appeal manifestly inadmissible)

(2012/C 39/29)

Language of the case: English

Parties

Appellant: AO (Brussels, Belgium) (represented by: P. Lewisch, lawyer)

Other party to the procedure: European Commission (represented by: J. Currall and J. Baquero Cruz, Agents)

Re:

Appeal against the order of the European Union Civil Service Tribunal (First Chamber) of 4 April 2011 in Case F-45/10 AO v Commission (not yet published in the ECR) seeking to have that order set aside.

Operative part of the order

| 1. | The appeal is dismissed. |
| --- | --- |

1.

The appeal is dismissed.

| 2. | AO shall bear his own costs and those incurred by the European Commission. |
| --- | --- |

2.

AO shall bear his own costs and those incurred by the European Commission.

---

(1)  OJ C 282, 24.9.2011.

---
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID 08177**  **Removed from Public**  **(Non-CBI) Docket**  **1 Copyright** 

**Flag 2**  **File Name Description**  

### x 08177\08177_Checklist.xls EPA Technical Review Checklist Workbook



### 08177\08177_Completeness_Checklist.xls EPA Completeness Review Checklist 

### 08177\08177_HardcopyLog.doc EPA log of hardcopy documents submitted 

### x 08177\08177_PartA.xls Plant submitted survey file



### 08177\Certification Statement Plant ID_08177.pdf Plant certification statement 

### 08177\Supporting Documentation\08177_Cover Letter for University of Michigan Survey Response.pdf Plant submitted supplemental files to the survey

1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database
. 2 Copyright documents are available from the docket.
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


         Pursuant  to 18 U.S.C.  ss.  1350,  the  undersigned  officer of Atrion
Corporation (the "Company"), hereby certifies, to such officer's knowledge, that
the Company's Quarterly Report on Form 10-Q for the quarter ended March 31, 2005
(the "Report")  fully complies with the  requirements of Section 13(a) or 15(d),
as applicable,  of the Securities  Exchange Act of 1934 and that the information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.


Dated: May 13, 2005                                    /s/ Jeffery Strickland
                                                       ----------------------
                                                       Jeffery Strickland
                                                       Chief Financial Officer




     The foregoing certification is made solely for purpose of 18 U.S.C. ss.
1350 and not for any other purpose.



                                       20