alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 05-7342
ROBERT EARL VANCE, Plaintiff - Appellant, versus JURELL BYRD, Jail Administrator; PATSIE JOHNSON, Jail Official; KATHY FRANKLIN, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Anderson. R. Bryan Harwell, District Judge. (CA-04-715-8-RBH) Submitted: January 26, 2006 Decided: February 2, 2006 Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Robert Earl Vance, Appellant Pro Se. Russell W. Harter, Jr., CHAPMAN, HARTER & GROVES, P.A., Greenville, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Robert Earl Vance appeals the district court’s order granting summary judgment to Defendants in Vance’s 42 U.S.C. § 1983 (2000) suit. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). The magistrate judge issued a report and recommendation in which he recommended granting summary judgment to Defendants. The district court adopted the report and recommendation, finding that Vance failed to file specific objections. The timely filing of specific objections to a magistrate judge’s report and recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned that failure to object will waive appellate review. See Wright v. Collins , 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn , 474 U.S. 140 (1985). On appeal, Vance does not challenge the district court’s conclusion that his objections were merely general. See 4th Cir. R. 34(b) (failure to raise claim in informal brief waives consideration of that claim). Accordingly, we conclude that Vance has waived appellate review of both the substance of the magistrate judge’s report and the district court’s construction of his objections.- 3 - Thus, we affirm the order of the district court. We dispense with oral argument, because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
#### § 57.05-3 Limited space qualifications.

When a welder is to be qualified for welding or torch brazing of piping on board ship in a limited or restricted space, the space restrictions shown in connection with figures 1 or 2 to [§ 57.05-3](/on/2024-09-23/title-46/section-57.05-3) must be used when welding and brazing the test joint.

Figure 1 to [§ 57.05-3](/on/2024-09-23/title-46/section-57.05-3)—Limited Space Restriction for Pipe Welding Performance Qualification

[![](https://img.federalregister.gov/ER12JN24.008/ER12JN24.008_large.png)](https://img.federalregister.gov/ER12JN24.008/ER12JN24.008_original_size.png)

Figure 2 to [§ 57.05-3](/on/2024-09-23/title-46/section-57.05-3)—Limited Space Restriction for Pipe Brazing Performance Qualification

[![](https://img.federalregister.gov/ER12JN24.009/ER12JN24.009_large.png)](https://img.federalregister.gov/ER12JN24.009/ER12JN24.009_original_size.png)

[CGFR 68-82, [33 FR 118872](https://www.federalregister.gov/citation/33-FR-118872), Dec. 18, 1968, as amended by CGD 74-102, [40 FR 27461](https://www.federalregister.gov/citation/40-FR-27461), June 30, 1975]
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 22-0067

_________________

MONTANA ENVIRONMENTAL INFORMATION

CENTER, and SIERRA CLUB,

 Petitioners and Appellees,

 v.

MONTANA DEPARTMENT OF 

ENVIRONMENTAL QUALITY, 

 Respondent and Appellant,

MONTANA BOARD OF ENVIRONMENTAL

REVIEW, WESTERN ENERGY CO., NATURAL 

RESOURCE PARTNERS L.P., INTERNATIONAL 

UNION OF OPERATING ENGINEERS, LOCAL

400, and NORTHERN CHEYENNE COAL 

MINERS ASSOCIATION,

 Respondents.

O R D E R

_________________

Respondent and Appellant Montana Department of Environmental Quality (DEQ)

moved this Court to stay the January 28, 2022 Order on Remedy and Stay of the Sixteenth 

Judicial District Court, Rosebud County, until this matter is resolved on appeal.1 Plaintiffs 

and Appellees Montana Environmental Information Center and Sierra Club (MEIC) 

opposed DEQ’s motion, and in their response to DEQ’s motion to stay asserted that this 

matter should be dismissed as it is not properly before this Court on appeal. However, 

MEIC did not file a separate motion to dismiss this appeal.

 

1 We have amended the caption in this appeal to reflect the current name, Westmoreland Rosebud 

Mining, LLC, of the entity formerly known as Western Energy Co. 

03/14/2022

Case Number: DA 22-0067
2

DEQ now moves this Court for leave to file a brief to address what it characterizes 

as a “de facto motion to dismiss.” DEQ explains that since reply briefs to motions are 

generally not allowed under M. R. App. P. 16 and M. R. App. P. 22, it can only address the 

argument raised in MEIC’s response brief with leave of Court. DEQ contends that if MEIC 

had filed a motion to dismiss, the appellate rules would have permitted Westmoreland to 

respond to that motion; DEQ argues that under general notions of equity and fairness, it 

should not be deprived of the ability to respond because MEIC filed a “stealth” motion to 

dismiss within its response to a different motion. As an exhibit to its motion for leave, 

DEQ has filed its proposed response to MEIC’s assertion that this appeal should be 

dismissed. 

We agree that DEQ should be given the opportunity to respond to MEIC’s argument 

that this Court should dismiss Westmoreland’s appeal as premature. 

IT IS THEREFORE ORDERED that the motion for leave to file a response brief is 

GRANTED. 

IT IS FURTHER ORDERED that the Response to MEIC’s De Facto Motion to 

Dismiss Appeals, included as an exhibit to DEQ’s Motion for Leave to File Attached 

Responses [sic] to De Facto Motions to Dismiss Appeals, shall be FILED in this appeal. 

The Clerk is directed to serve a copy of this Order upon all counsel of record. 

Electronically signed by:

Ingrid Gustafson

Justice, Montana Supreme Court

March 14 2022
§ 67.81 Passage of title in conjunction with a corporate merger or similar transaction. When the title to a vessel has passed as the result of a corporate merger or similar transaction wherein the assets of one corporation have been transferred to another, the passage of title must be established by: ( a ) Materials, such as a resolution of the board of directors or shareholders of the corporation which held title to the vessel before the transaction, which either unequivocally transfers all of the assets of the corporation or which specifically identifies the vessel as being among the assets transferred; and
( b ) In jurisdictions where there is an official recognition of corporate mergers and similar transactions, a copy of such official recognition certified by the cognizant official of that jurisdiction.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-8554

MITCHELL M. GARIONI,

Plaintiff - Appellant,

versus

RONALD ANGELONE, Director; EDWARD C. MORRIS,

Deputy Director; LARRY HUFFMAN, Regional Administrator; LONNIE SAUNDERS, Warden, Augusta

Correctional Center; J. H. LYLE, Lieutenant,

Augusta Correctional Center Officer,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. B. Waugh Crigler, Magistrate Judge.

(CA-94-808-R)

Submitted: June 20, 1996 Decided: July 23, 1996

Before HALL, WILKINS, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Mitchell M. Garioni, Appellant Pro Se. Pamela Anne Sargent, Assistant Attorney General, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the magistrate judge's report recommending

dismissal of this action. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1988),

and certain interlocutory and collateral orders, 28 U.S.C. § 1292

(1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan

Corp., 337 U.S. 541 (1949). The order here appealed is neither a

final order nor an appealable interlocutory or collateral order.

We dismiss the appeal as interlocutory. We also deny Appellant's motion for the preparation of a transcript at government's

expense. See 28 U.S.C. 753(f) (1988). We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

DISMISSED
Download from Link. File too large to upload. 

DJI Inspire 1 User Manual v1.2
#### The State ex rel. Heinbaugh, Appellee, *v.*Conrad, Admr., et al.; RMI Titanium Company, Appellant.

[Cite as *State ex rel. Heinbaugh v. Conrad*(1999), 84 Ohio St.3d 360.]

(No. 98-1067

Submitted November 10, 1998

Decided January 20, 1999.)

*Urban Co., L.P.A.,*and *Anthony P. Christine,*for appellee.

*Jane P. Wilson & Associates Co., L.P.A., Jane P. Wilson*and *Graig E. Kluge,*for appellant.

. The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Cook and Lundberg Stratton, JJ., concur.

Pfeifer, J., dissents and would reverse the judgment of the court of appeals.
I

104TH CONGRESS

1ST SESSION H. R. 1688

To amend the Public Health Service Act to establish a program of providing

information and education to the public on the prevention and treatment

of eating disorders.

IN THE HOUSE OF REPRESENTATIVES

MAY 23, 1995

Mrs. SCHROEDER (for herself, Mr. LEWIS of Georgia, Ms. NORTON, Mr. FOGLIETTA, Mr. RICHARDSON, Mr. JACOBS, Mr. HILLIARD, Mr. WILSON, Mr.

SERRANO, and Mrs. LOWEY) introduced the following bill; which was referred to the Committee on Commerce

A BILL

To amend the Public Health Service Act to establish a program of providing information and education to the public on the prevention and treatment of eating disorders.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Eating Disorders In5 formation and Education Act of 1995’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:
2

HR 1688 IH

1 (1) Eating disorders include anorexia nervosa,

2 bulimia nervosa, and binge eating disorder, as well

3 as eating disorders not otherwise defined.

4 (2) Anorexia nervosa and bulimia each can re5 sult in death, cardiac impairments, depression, sub6 stance abuse, osteoporosis, infertility, amenorrhea,

7 anemia, and other medical conditions.

8 (3) Medical authorities are uncertain to what

9 extent eating disorders are caused by physiological

10 factors, by psychosocial factors, or by both.

11 (4) Such disorders primarily affect women. As

12 many as 7 percent of women may be experiencing

13 eating disorders, and the rate of new cases is in14 creasing. As many as 80 percent of women may dur15 ing their lifetimes display symptoms of eating dis16 orders.

17 (5) There are effective treatments for some eat18 ing disorders.

19 SEC. 3. PUBLIC INFORMATION AND EDUCATION ON EATING

20 DISORDERS.

21 Subpart 3 of part B of title V of the Public Health

22 Service Act (42 U.S.C. 290bb–31 et seq.), as added by

23 section 115 of Public Law 102–321 (106 Stat. 346), is

24 amended by adding at the end the following section:
3

HR 1688 IH

1 ‘‘EATING DISORDERS

2 ‘‘SEC. 520C. (a) INFORMATION AND EDUCATION.—

3 The Secretary, acting through the Director of the Center

4 for Mental Health Services, shall carry out a program to

5 provide information and education to the public on the

6 prevention and treatment of eating disorders.

7 ‘‘(b) TOLL-FREE TELEPHONE COMMUNICATIONS.—

8 In carrying out subsection (a), the Secretary shall provide

9 for the operation of toll-free telephone communications to

10 provide information to the public on eating disorders, in11 cluding referrals for services for the prevention and treat12 ment of such disorders. Such communications shall be

13 available on a 24-hour, 7-day basis.

14 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the

15 purpose of carrying out this section, there are authorized

16 to be appropriated $2,000,000 for fiscal year 1996, and

17 such sums as may be necessary for each of the fiscal years

18 1997 and 1998.’’.

Æ
#### § 64.41 Stop valve closure.

A stop valve that operates by a screwed spindle must close in a clockwise direction.
#### § 32.50-30 Cargo hose—TB/ALL.

Cargo hose carried on tank vessels must be suitable for oil service and designed to withstand the pressure of the shutoff head of the cargo pump or pump relief valve setting, less static head, but in no case less than 150 pounds per square inch.

Note:

For additional requirements concerning cargo hose, see [33 CFR 154.500](/on/2024-09-23/title-33/section-154.500), [155.800](/on/2024-09-23/title-33/section-155.800) and [156.170](/on/2024-09-23/title-33/section-156.170).

[CGD 80-009, [48 FR 36458](https://www.federalregister.gov/citation/48-FR-36458), Aug. 11, 1983]
<PAGE>
                                                                    EXHIBIT 23.4

                         CONSENT OF INDEPENDENT AUDITORS

The Partners
MinnTex Investment Partners LP:

We consent to incorporation by reference in the registration statements (Numbers
333-10345, 333-48671, 333-59333, 333-00623 and 33-09485) on Forms S-3 and S-8 of
FirstCity Financial Corporation, of our report dated February 17, 2003, with
respect to the balance sheet of MinnTex Investment Partners LP as of December
31, 2002, and the related statements of operations, changes in partners'
capital, and cash flows for the period March 11, 2002 (date of inception)
through December 31, 2002, which report appears in the December 31, 2002 annual
report on Form 10-K of FirstCity Financial Corporation.


KPMG LLP

Dallas, Texas
April 15, 2003
§ 45.179 Cargo limitations. ( a ) Only dry cargoes may be carried. Liquid cargoes, even in drums or tank containers, may not be carried.
( b ) Hazardous materials, as defined in part 148 of this chapter and 49 CFR chapter 1, subchapter C, may not be carried.
§ 61.15-10 Liquefied-petroleum-gas piping for heating and cooking. ( a ) Leak tests as described in paragraph (b) of this section must be conducted at least once each month, at each inspection for certification, and at each periodic inspection. The tests required at monthly intervals must be conducted by an appropriately credentialed officer of the vessel or qualified personnel acceptable to the Officer in Charge, Marine Inspection. The owner, master, or person in charge of the vessel must keep records of such tests showing the dates when performed and the name(s) of the person(s) and/or company conducting the tests. Such records must be made available to the marine inspector upon request and must be kept for the period of validity of the vessel's current certificate of inspection. Where practicable, these records should be kept in or with the vessel's logbook.
( b ) Test the system for leakage in accordance with the following procedure: With the appliance valve closed, the master shutoff valve on the appliance open, and one cylinder valve open, note pressure in gauge.
[CGFR 68-82, 33 FR 18890, Dec. 18, 1968, as amended by USCG-1999-4976, 65 FR 6500, Feb. 9, 2000; USCG-2003-16630, 73 FR 65189, Oct. 31, 2008; USCG-2006-24371, 74 FR 11265, Mar. 16, 2009]
§ 72.04-1 Navigation bridge visibility. Each passenger vessel which is 100 meters (328 feet) or more in length and contracted for on or after September 7, 1990, must meet the following requirements: ( a ) The field of vision from the navigation bridge, whether the vessel is in a laden or unladen condition, must be such that: ( 1 ) From the conning position, the view of the sea surface is not obscured forward of the bow by more than the lesser of two ship lengths or 500 meters (1640 feet) from dead ahead to 10 degrees on either side of the vessel. Within this arc of visibility any blind sector caused by cargo, cargo gear, or other permanent obstruction must not exceed 5 degrees.
( 2 ) From the conning position, the horizontal field of vision extends over an arc from at least 22.5 degrees abaft the beam on one side of the vessel, through dead ahead, to at least 22.5 degrees abaft the beam on the other side of the vessel. Blind sectors forward of the beam caused by cargo, cargo gear, or other permanent obstruction must not exceed 10 degrees each, nor total more than 20 degrees, including any blind sector within the arc of visibility described in paragraph (a)(1) of this section.
( 3 ) From each bridge wing, the field of vision extends over an arc from at least 45 degrees on the opposite bow, through dead ahead, to at least dead astern.
( 4 ) From the main steering position, the field of vision extends over an arc from dead ahead to at least 60 degrees on either side of the vessel.
( 5 ) From each bridge wing, the respective side of the vessel is visible forward and aft.
( b ) Windows fitted on the navigation bridge must be arranged so that: ( 1 ) Framing between windows is kept to a minimum and is not installed immediately in front of any work station.
( 2 ) Front windows are inclined from the vertical plane, top out, at an angle of not less than 10 degrees and not more than 25 degrees.
( 3 ) The height of the lower edge of the front windows is limited to prevent any obstruction of the forward view previously described in this section.
( 4 ) The height of the upper edge of the front windows allows a forward view of the horizon at the conning position, for a person with a height of eye of 1.8 meters (71 inches), when the vessel is at a forward pitch angle of 20 degrees.
( c ) Polarized or tinted windows must not be fitted.
[CGD 85-099, 55 FR 32247, Aug. 8, 1990]
#### § 71.30-1 When made.

In general, at least three reinspections shall be made on each vessel within one year. These reinspections will be made at approximately equal intervals between annual inspections. In the case of vessels with a seasonal schedule, reinspections will be made during the operating season if practicable.

[CGFR 65-50, 30 FR 16895, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51203, Sept. 30, 1997]
**Exhibit 32.2**

 

**CERTIFICATION**

**Pursuantto 18 U.S.C. Section 1350**

**AsAdopted Pursuant to Section 906 of the SARBANES-OXLEY ACT OF 2002**

 

I, Jeffrey E. Platt,certify that this quarterly report on Form 10-Q of Penhall InternationalCorp. fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and that the information contained in thisquarterly report fairly presents, in all material respects, the financialcondition and results of operations of the registrant.

 
| Date: November 14,  2005 |   | /s/ Jeffrey E.  Platt |
|-------------------------------|--------|----------------------------|
|                          |   | Jeffrey E. Platt           |
|                          |   | Chief Financial Officer    |

 

----
MIE 1A 

Revised 08\18

Order of the Court to Continue Supervision 

UNITED STATES DISTRICT COURT 

for the 

Eastern District of Michigan 

UNITED STATES OF AMERICA 

v. 

WILLIAMS, Eric Christopher Crim. No.: 15-CR20106-16 

On 03/09/2021 the Court authorized the issuance of a supervised release warrant based upon a violation petition 

citing violations of supervision. The issues of the violations were heard in Court on 03/24/2021, and the Court 

made the following findings: 

X Guilty of violating conditions of supervision. The following special condition of supervision is added. 

You will be monitored by the form of location monitoring technology indicated below for a period of 

eight consecutive months, and you must follow the rules and regulations of the location monitoring 

program. Costs of monitoring is waived. 

 

 _X_ GPS Monitoring (including hybrid GPS) 

_X You are restricted to your residence at all times except for employment; education; religious services; 

medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered 

obligations; or other activities as pre-approved by the officer (Home Detention). 

 X Home Detention: You are restricted to your residence at all times except for employment; education; 

religious services; medical, substance abuse, or mental health treatment; attorney visits; court 

appearances; court-ordered obligation; or other activities as pre-approved by the probation officer. 

 

Respectfully submitted, 

s\Lamara H. Werts 

United States Probation Officer 

 

Case 2:15-cr-20106-MFL-MKM ECF No. 824, PageID.3668 Filed 03/25/21 Page 1 of 2
ORDER OF THE COURT

Pursuant to the above, it is ordered that the pending violation matter be resolved and supervision in this case be 

continued. All conditions imposed at the time of sentencing, along with any subsequent modifications to those 

conditions (including the home detention and GPS monitoring conditions added and described above), remain in 

effect. The Court waives the costs of the GPS monitoring. Finally, WILLIAMS shall be released from Midland 

County Jail immediately. 

Dated this 25th Day of March, 2021. 

s/Matthew F. Leitman

Matthew F. Leitman 

United States District Judge 

Case 2:15-cr-20106-MFL-MKM ECF No. 824, PageID.3669 Filed 03/25/21 Page 2 of 2
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND> This schedule contains summary financial information extracted from 
the consolidated balance sheet and income statement of Computer Network
Technology Corporation as of and for the three months ending March 31, 1997 and
is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                    3-MOS
<FISCAL-YEAR-END>                         DEC-31-1997 
<PERIOD-START>                            JAN-01-1997
<PERIOD-END>                              MAR-31-1997
<CASH>                                      6,024,016 
<SECURITIES>                               26,548,147 
<RECEIVABLES>                              23,544,086 
<ALLOWANCES>                                  764,696
<INVENTORY>                                11,756,914 
<CURRENT-ASSETS>                           70,414,255       
<PP&E>                                     27,072,593      
<DEPRECIATION>                             17,497,064    
<TOTAL-ASSETS>                             86,026,898      
<CURRENT-LIABILITIES>                      23,440,590    
<BONDS>                                             0  
<PREFERRED-MANDATORY>                               0 
<PREFERRED>                                         0 
<COMMON>                                      230,567 
<OTHER-SE>                                 62,355,741       
<TOTAL-LIABILITY-AND-EQUITY>               86,026,898         
<SALES>                                    15,178,778          
<TOTAL-REVENUES>                           21,747,438          
<CGS>                                       4,498,846          
<TOTAL-COSTS>                               9,079,991          
<OTHER-EXPENSES>                            3,561,744<F1>       
<LOSS-PROVISION>                                    0      
<INTEREST-EXPENSE>                             10,412       
<INCOME-PRETAX>                               602,431       
<INCOME-TAX>                                  225,912      
<INCOME-CONTINUING>                           376,519      
<DISCONTINUED>                                      0  
<EXTRAORDINARY>                                     0      
<CHANGES>                                           0  
<NET-INCOME>                                  376,519 
<EPS-PRIMARY>                                     .02 
<EPS-DILUTED>                                     .02 
<FN>

<F1> Amount presented represents engineering and development expense.
</FN>
        

</TABLE>