alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-69,315-04

EX PARTE BRANDON EARL CROCKER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 241-0571-20-B IN THE 241 DISTRICT COURT st

FROM SMITH COUNTY

Per curiam.

O R D E R

Applicant pleaded guilty to evading arrest and was sentenced to thirty-five years’

imprisonment. Applicant filed this application for a writ of habeas corpus in the county of

conviction, and the district clerk forwarded it to this Court. SeeTEX.CODE CRIM. PROC. art. 11.07.

Applicant contends that his plea was involuntary because trial counsel, among other things,

failed to investigate, failed to hire expert witnesses, failed to challenge hearsay testimony, failed to

introduce exculpatory statements, and failed to investigate his competency due to a COVID-19

infection. Applicant has alleged facts that, if true, might entitle him to relief. Hill v. Lockhart, 474

U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781 (Tex. Crim. App. 2013). Accordingly, the record

should be developed. The trial court is the appropriate forum for findings of fact. TEX.CODE CRIM.
2

PROC. art. 11.07, § 3(d). The trial court shall order trial counsel to respond to Applicant’s claim. 

In developing the record, the trial court may use any means set out in Article 11.07, § 3(d). If the

trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Applicant is

indigent and wants to be represented by counsel, the trial court shall appoint counsel to represent him

at the hearing. See TEX. CODE CRIM. PROC. art. 26.04. If counsel is appointed or retained, the trial

court shall immediately notify this Court of counsel’s name.

The trial court shall make findings of fact and conclusions of law as to whethertrial counsel’s

performance was deficient and Applicant would have insisted on a trial but for counsel’s alleged

deficient performance. The trial court may make any other findings and conclusions that it deems

appropriate in response to Applicant’s claims.

The trial court shall make findings of fact and conclusions of law within ninety days from

the date of this order. The district clerk shall then immediately forward to this Court the trial court’s

findings and conclusions and the record developed on remand, including, among other things,

affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from

hearings and depositions. See TEX.R.APP.P. 73.4(b)(4). Any extensions of time must be requested

by the trial court and obtained from this Court.

Filed: January 25, 2023

Do not publish
#### § 97.15-15 Examination of boilers and machinery.

It shall be the duty of the chief engineer when assuming charge of the boilers and machinery of a vessel to examine them thoroughly. If any parts thereof are in bad condition, the fact shall immediately be reported to the master, owner or agent, and the Officer in Charge, Marine Inspection.

[CGD 95-028, 62 FR 51207, Sept. 30, 1997]
[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Notices]
[Page 36713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3240]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Alcohol Abuse and Alcoholism; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Alcohol Abuse and 
Alcoholism Special Emphasis Panel, Alcohol & Pancreatitis.
    Date: August 21, 2007.
    Time: 1 p.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, NIAAA, 5635 Fishers Lane, 
Bethesda, MD 20892 (Telephone Conference Call).
    Contact Person: Philippe Marmillot, PhD, Scientific Review 
Administrator, National Institutes of Health, National Institute on 
Alcohol Abuse, and Alcoholism, 5635 Fishers Lane, Rm 3045, Bethesda, 
MD 20892, 301-443-2861, <a href="/cdn-cgi/l/email-protection#d1bcb0a3bcb8bdbdbea5a191bcb0b8bdffbfb8b9ffb6bea7"><span class="__cf_email__" data-cfemail="0e636f7c63676262617a7e4e636f67622060676620696178">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.271, 
Alcohol Research Career Development Awards for Scientists and 
Clinicians; 93.272, Alcohol National Research Service Awards for 
Research Training; 93.273, Alcohol Research Programs; 93.891, 
Alcohol Research Center Grants, National Institutes of Health, HHS)

    Dated: June 26, 2007.
Anna Snouffer,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 07-3240 Filed 7-3-07; 8:45 am]
BILLING CODE 4140-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
LAW OFFICE OF JOHN MIETUS, LLC

6701 DEMOCRACY BOULEVARD, SUITE 300

BETHESDA, MD 20817-7500

JOHN R. MIETUS, JR. 

(202) 747-5212

(240) 396-5362 fax

john@mietuslaw.com

February 19, 2014

Ms. Lauralyn Remo

Ms. Vanessa Balgobin

Air Carrier Fitness Division

U.S. Department of Transportation

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Orange Air, LLC, Dockets OST-2011-0073/0074

Dear Ms. Remo and Ms. Balgobin:

Orange Air respectfully requests that the Department again waive condition 

9 of the certificate issued to it by Order 2011-11-31, condition 10 of the certificate 

issued by Order 2012-1-31, and 14 C.F.R. 204.7 so as to extend, through April 30, 

2014, the time within which Orange Air must commence actual flight operations in 

order to maintain its interstate and foreign certificate authority. Pursuant to a 

waiver granted by letter dated December 6, 2013, these provisions currently require 

Orange Air to commence actual flight operations no later than February 28, 2014. 

The certification process is nearly complete; however, the Federal Aviation 

Administration and Orange Air will not be able to complete the process by that 

date.

Since the last waiver was granted, Orange Air and the FAA have completed 

the Aircraft Conformity Process and, based on the availability of FAA resources, 

have scheduled Orange Air’s proving flights for March 3-14, 2014. With this 

important step scheduled, their goal is to complete FAA certification as soon as 

possible thereafter.0F

1 Orange Air remains eager to begin operations once the 

certification process is complete.

1/ Jeff Hipps and Charley Beers remain the local FAA project and frontline managers, 

respectively, and can be reached at (407) 812-3032 and 812-3020, respectively.
From: Richard Parker [mailto:richardparkerdc@gmail.com]
Sent: Monday, December 19, 2011 3:30 PM
To: Andrew Delaski; Art Rosenfeld; Bob Smith; Brian Coffey; Caitlin Johnson; Carlos Siqueiros; Caskey, John; Chad Kennedy; Chris Bolduc; Chris Brown; Creevy, Jim; Dan Cohen; Daniel Young; Eduardo Robles; Edwards, Brenda; Eric Petersen; Freeman, Je remiah; Gary Fernstrom; Greg Rosenquist; Jennifer Tiedeman; Jerry Schoen; Jim Raba; Joanna Mauer; John Cymbalsky; Katie Coughlin; Matthew Nardotti; Maxine Savitz; Meg Waltner; Michael Rivest; Millure , Dave; Phil Harter; Polinski, Raymond; Richard W. Parker; Rob Greeson; Robert Berman; Robert Carmicha el; Robert van Buskirk; Robin Roy; Ryan, Paul; Scott Beck; Steve Nadel; Steve Rosenstock; Ted John stone; Thomas Patzner; Thomas Petrosino; Tim Ballo; Vijay Tendulkar; Wes Patterson; Zhimei Luo Subject: Materials for Tomorrow's Conference Call



### Dear Colleagues,

A quick reminder that our last scheduled call for the LV Working Group will be tomorrow at 11:00 am EST. If you have any materials you woul d like to present on the call, please send them to me by cob today if possible, or 9:30 am tomorrow at the latest.

You should have received a link to the Webinar number. If you haven't received one please let Simone know at Simone.Sydnor@ee.doe.gov

.

Thanks. See you on the call.

Richard Parker Facilitator
<PAGE>   1
                                                                    Exhibit 10.2


                                 RIDER NO. 1
                                      TO
                             CALIBER SYSTEM, INC.
                            LONG-TERM STOCK AWARD
                                INCENTIVE PLAN
                 (AMENDED AND RESTATED AS OF JANUARY 2, 1996)



         1. Effective July 1, 1996, all references in the Plan to the Caliber
System, Inc. Stock Savings and Retirement Income Plan or Stock Savings and
Retirement Income Plan shall be deemed to be references to the Caliber System,
Inc. 401(k) Savings Plan or 401(k) Savings Plan.

         2. Effective January 2, 1996, Paragraph 3.3 of the Plan is hereby
amended in its entirety to read as follows:

         3.3 For each Officer, a provisional cash account will be carried for
amounts equal to dividends that would be payable on the number of Stock Credits
credited to his account as of December 31 of the previous year as if such shares
had been distributed. As of the end of the then current Plan Year, such cash
credits accumulated in the account of each Officer under this Plan, less all
amounts previously converted to credits for shares of Caliber Common Stock
hereunder, shall be converted to Stock Credits equal to the number of shares of
Caliber Common Stock which could have been purchased had the cash been so
applied. Said conversion shall be at the average of the fair market values for
said Caliber Common Stock on the dividend payment dates; provided, however, that
the value of the common stock of REX received as a dividend upon the spin-off of
REX from Caliber shall be determined based on the average of the closing price
of the common stock of REX on the first 15 trading days after the spin-off of
REX from Caliber and the value of Stock Credits to be added pursuant to this
sentence shall be determined based on the average of the closing price of
Caliber Common Stock on the first 15 trading days after the spin-off of REX from
Caliber.

         3. Effective January 1, 1997, Paragraph 5.3 of the Plan is hereby
amended in its entirety to read as follows:

         5.3 After December 31, 1995, but prior to March 16, 2000, Basic Stock
     Credits awarded may be converted by a participant, a trustee of any trust
     to which Basic Stock Credits have been transferred, or a beneficiary who
     received Basic Stock Credits as a result of the death of a participant but
     excluding any ("Alternate Payee" as such term is defined in Section
     414(p)(8) of the Internal Revenue Code of 1986) up to a maximum of fifty
     percent (50%) of their value to cash on terms established by Caliber from
     time to time.

         4. Effective January 2, 1996, Paragraph 5.4 of the Plan is hereby
amended in its entirety to read:

         5.4 [Reserved]

         5. Effective January 2, 1996, Subparagraph 5.4.1 of the Plan is hereby
amended in its entirety to read:

         5.4.1 [Reserved]
§ 68.31 Vessel eligibility requirements for limited coastwise endorsement. ( a ) A vessel must comply with all the requirements of part 67 of this chapter, other than citizenship requirements, in order to be eligible for documentation under this subpart.
( b ) Notwithstanding 46 U.S.C. App. 883, a vessel remains eligible for documentation under this subpart even if the vessel was formerly owned by a not-for-profit oil spill response cooperative or by one or more members of a not-for-profit oil spill response cooperative and the vessel meets the criteria of § 68.29.
[CGD 90-055, 57 FR 7642, Mar. 3, 1992. Redesignated and amended by USCG-2005-20258, 71 FR 61418, Oct. 18, 2006]
§ 92.10-5 Two means required. ( a ) There shall be at least two means of escape from all general areas accessible to the passengers, if carried, or where the crew may be quartered or normally employed. At least one of these two means of escape shall be independent of watertight doors.
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code), each of the undersigned officers of GSI Commerce, Inc. (the Company), does hereby certify with respect
to the Annual Report on Form 10-K/A for the period ended January 3, 2004 (the Report) that:



(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



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



By:

/s/ Michael G. RubinMichael G. RubinCo-President and Chief Executive Officer




August 23, 2004



By:

/s/ Jordan M. CoplandJordan M. CoplandChief Financial Officer




August 23, 2004



The foregoing certification is being furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.
**Exhibit
      23.1**










**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**













We
      consent to the incorporation by reference in Registration Statement Nos.
      333-22859, 333-10783, 333-10587 and 333-35769 of Dynex Capital, Inc. on Form
      S-3
      and Registration Statement No. 333-32663 of Dynex Capital, Inc. on Form S-8
      of
      our report dated April 7, 2005, appearing in this Annual Report on Form 10-K
      of
      Dynex Capital, Inc., for the year ended December 31, 2005.








**BDO
      SEIDMAN LLP**





Richmond,
      Virginia


March
      31,
      2006
```

[Journal of the House of Representatives, 1995]
[Friday, June 16, 1995 (81), Para 81.18 Reports of Committees on Public Bills and Resolutions]
[Page 1012]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.81.18  reports of committees on public bills and resolutions

  Under clause 2 of rule XIII, reports of committees were delivered to 
the Clerk for printing and reference to the proper calendar, as follows:

       Mr. SOLOMON: Committee on Rules. House Resolution 168. 
     Resolution amending clause 4 of rule XIII of the Rules of the 
     House to abolish the Consent Calendar and to establish in its 
     place a Corrections Calendar (Rept. No. 104-144). Referred to 
     the House Calendar.
       Mr. ARCHER: Committee on Ways and Means. H.R. 1812. A bill 
     to amend the Internal Revenue Code of 1986 to revise the 
     income estate, and gift tax rules applicable to individuals 
     who lose U.S. citizenship; with an amendment (Rept. No. 104-
     145). Referred to the Committee of the Whole House on the 
     State of the Union.
```
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 November 20, 2010

|Filer                               | Filing Type    | Filing Proposal                                                                                                                                                                                                                                                                                       | End of Comment Period                              
|----------------------------------- | -------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------
|BANK OF NEW YORK MELLON, THE        | * Branch       | The Bank of New York Mellon, New York, New York, to establish a branch to be located at 201 Washington Street, Boston, Massachusetts.                                                                                                                                                                 | Newspaper:12/03/2010Federal Register:Not applicable
|Newspaper:                          | 12/03/2010    
|Federal Register:                   | Not applicable
|FIRST NIAGARA FINANCIAL GROUP, INC. | * 3A5* 3A3     | First Niagara Financial Group, Inc., Buffalo, New York ("FNFG"), to acquire all of the shares of NewAlliance Bancshares, Inc., New Haven, Connecticut ("NAB, Inc.") and thereby NAB, Inc.'s subsidiary, NewAlliance Bank, New Haven Connecticut, and subsequently merge NAB, Inc. with and into FNFG. | Newspaper:Not availableFederal Register:12/03/2010 
|Newspaper:                          | Not available 
|Federal Register:                   | 12/03/2010    

## Availability of CRA Public Evaluations

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

## CRA Examinations scheduled for First Quarter of 2011 (January 1, 2011 - March 31, 2011)

|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
I

104TH CONGRESS

1ST SESSION H. R. 1722

To amend the Act of March 3, 1931 (known as the Davis-Bacon Act)

to require that contract work covered by the Act which requires licensing

be performed by a person who is so licensed.

IN THE HOUSE OF REPRESENTATIVES

MAY 25, 1995

Mrs. MINK of Hawaii introduced the following bill; which was referred to the

Committee on Economic and Educational Opportunities

A BILL

To amend the Act of March 3, 1931 (known as the DavisBacon Act) to require that contract work covered by

the Act which requires licensing be performed by a person who is so licensed.

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

3 SECTION 1. LICENSING.

4 Subsection (a) of the first section of the Act of March

5 3, 1931 (known as the Davis-Bacon Act) is amended by

6 adding at the end the following: ‘‘A contract covered by

7 this subsection which is to be carried out in a State which

8 requires persons performing the work under the contract
2

HR 1722 IH

1 to be licensed shall be carried out by a person who is so

2 licensed.’’.

Æ
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

MICHAEL S. MATTHEWS, in his own

right, and as representative on

behalf of a class of plaintiffs

similarly situated,

Plaintiff-Appellant,

v.

HOWARD COUNTY, MARYLAND, a

charter entity; CHARLES ECKER, in

both his individual and official

capacities; BARBARA KRANKOWSKI, in

both her individual and official

No. 99-2654

capacities; RAQUEL SANUDO, in both

her individual and official

capacities; JAMES N. ROBEY, in both

his individual and official

capacities; WAYNE LIVESAY, in both

his individual and official

capacities; JIMMIE LYNN SAYLOR, in

both her individual and official

capacities; GWEN K. WEST, in both

her individual and official

capacities,

Defendants-Appellees.

Appeal from the United States District Court

for the District of Maryland, at Baltimore.

J. Frederick Motz, Chief District Judge.

(CA-99-2032-JFM)

Submitted: May 31, 2000

Decided: June 20, 2000
Before LUTTIG, WILLIAMS, and KING, Circuit Judges.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Theodore M. Cooperstein, THEODORE M. COOPERSTEIN, P.C.,

Washington, D.C., for Appellant. Barbara M. Cook, Howard County

Solicitor, Louis P. Ruzzi, Senior Assistant County Solicitor, Ellicott

City, Maryland, for Appellees.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Michael S. Matthews appeals the order of the district court granting

the motion to dismiss or for summary judgment of defendant Howard

County, Maryland (County). We affirm.

Matthews first challenges the district court's judgment against him

on his Title VII claim. Having reviewed the record, we agree with the

district court's holding that Matthews failed to assert a viable claim

of employment discrimination that would entitle him to relief. See

Alexander v. Estepp, 95 F.3d 312, 317 (4th Cir. 1996).

As to his civil rights claims, the district court correctly held that the

relevant, three-year statute of limitations had expired before Matthews filed his claim. See Causey v. Balog, 162 F.3d 795, 804 (4th

Cir. 1998). Section 1986, 42 U.S.C. (1994), contains its own one-year

 2
limitation, which was also expired. Nor are we persuaded by any of

Matthews's arguments concerning tolling, equitable estoppel, or continuing violation.

Finally, we conclude that the district court did not abuse its discretion in refusing to certify a class. See United States v. Jones, 136 F.3d

342, 349 (4th Cir. 1998). We affirm the ruling 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

 3
Editorial Note on Part 91
Editorial Note: Nomenclature changes to part 91 appear by USCG-2012-0832, 77 FR 59779, Oct. 1, 2012.

§ 91.20-20 Specific tests and inspections. The applicable tests and inspections as set forth in subpart 91.25 of this part shall be made at this time. In addition, the following specific tests and inspections shall be made by the inspector. ( a ) For inspection procedures of lifesaving appliances and arrangements, see subchapter W (Lifesaving Appliances and Arrangements) of this chapter.
( b ) For installation of carbon dioxide fire extinguishing system piping, see 46 CFR 95.15-15. For clean agent fire extinguishing piping, see 46 CFR 95.16-15.
( c ) For inspection procedures of marine engineering equipment and systems, see subchapter F (Marine Engineering) of this chapter.
( d ) For inspection procedures of Electrical Engineering equipment and systems, see subchapter J (Electrical Engineering) of this chapter.
( e ) For inspection and tests of tanks containing certain dangerous cargoes in bulk, see part 98 of this subchapter.
[CGFR 65-50, 30 FR 16974, Dec. 30, 1965, as amended by CGD 84-069, 61 FR 25289, May 20, 1996; USCG-2006-24797, 77 FR 33877, June 7, 2012]