alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6211

DONALD J. STRABLE, Plaintiff - Appellant, versus COUNTY OF ABBEVILLE, SOUTH CAROLINA, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Anderson. William M. Catoe, Jr., Magistrate Judge. (CA-00-3935-8-13AK) Submitted: July 12, 2001 Decided: July 19, 2001 Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Donald J. Strable, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Donald J. Strable appeals the district court’s order dismissing his 42 U.S.C.A. § 1983 (West Supp. 2000) complaint. Strable’s case was referred to a magistrate judge pursuant to 28 U.S.C.§ 636(b)(1)(B) (1994). The magistrate judge recommended that relief be denied and advised Strable that failure to file timely and specific objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Strable failed to file specific objections to the magistrate judge’s recommendation. The timely filing of objections to a magistrate judge’s 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. Fed. R. Civ. P. 72(b); Wright v. Collins , 766 F.2d 841, 845-47 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140, 155 (1985). Failure to file specific and written objections shall constitute a waiver of a party’s appellate review if the recommendation is accepted by a district judge. Schronce v. United States , 727 F.2d 91, 94 & n.4 (4th Cir. 1985); Wright , 766 F.2d at 845-47 & nn.1-3. Strable has waived appellate review by failing to file specific objections tothe magistrate judge’s recommendation after receiving proper notice. Accordingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal conten-3 tions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
[Federal Register Volume 72, Number 140 (Monday, July 23, 2007)]
[Notices]
[Page 40124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3557]


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

DEPARTMENT OF DEFENSE


United States Marine Corps; Privacy Act of 1974; System of 
Records

AGENCY: United States Marine Corps, DoD.

ACTION:  Notice to delete a system of records.

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

SUMMARY: The U.S. Marine Corps is deleting a system of records notice 
from its inventory of records systems subject to the Privacy Act of 
1974, as amended (5 U.S.C. 552a).

DATES: Effective July 23, 2007.

ADDRESSES: Send comments to Headquarters, U.S. Marine Corps, FOIA/PA 
Section (CMC-ARSE), 2 Navy Annex, Room 1005, Washington, DC 20380-1775.

FOR FURTHER INFORMATION CONTACT: Ms. Tracy D. Ross at (703) 614-4008.

SUPPLEMENTARY INFORMATION: The U.S. Marine Corps' records system 
notices for records systems subject to the Privacy Act of 1974 (5 
U.S.C. 552a), as amended, have been published in the Federal Register 
and are available from the address above.
    The U.S. Marine Corps proposes to delete a system of records 
notices from its inventory of record systems subject to the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended. The changes to the system of 
records are not within the purview of subsection (r) of the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended, which requires the submission of 
new or altered systems reports.

    DATE: July 17, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
Deletion
MMC00007

System name:
    Inspection of Government Property Assigned to Individual (August 3, 
1993, 58 FR 41254).

Reason:
    Information is now filed within the Navy's NM07320-1, Property 
Accountability Records printed in the Federal Register on May 20, 2007, 
with number of 72 FR29487.

[FR Doc. 07-3557 Filed 7-20-07; 8:45 am]
BILLING CODE 5001-06-M
#### J. Fowler Haight, *Respondent, v.*Nelson Webster, Appellant.—

Judgment and order reversed, new trial granted, costs to abide event Opinion by

Bockes, J., and Learned, P. J.
<TABLE> <S> <C>

<ARTICLE> 9
<CIK> 0000702904
<NAME> AMBANC CORP.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          22,383
<INT-BEARING-DEPOSITS>                             199
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                         135,777
<INVESTMENTS-MARKET>                           137,351
<LOANS>                                        549,575
<ALLOWANCE>                                      5,692
<TOTAL-ASSETS>                                 733,533
<DEPOSITS>                                     629,018
<SHORT-TERM>                                    11,595
<LIABILITIES-OTHER>                              6,634
<LONG-TERM>                                      6,811
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        69,994
<OTHER-SE>                                       9,481
<TOTAL-LIABILITIES-AND-EQUITY>                 733,533
<INTEREST-LOAN>                                 11,999
<INTEREST-INVEST>                                2,082
<INTEREST-OTHER>                                    92
<INTEREST-TOTAL>                                14,173
<INTEREST-DEPOSIT>                               6,924
<INTEREST-EXPENSE>                               7,047
<INTEREST-INCOME-NET>                            7,126
<LOAN-LOSSES>                                      190
<SECURITIES-GAINS>                                   9
<EXPENSE-OTHER>                                  5,095
<INCOME-PRETAX>                                  2,937
<INCOME-PRE-EXTRAORDINARY>                       2,937
<EXTRAORDINARY>                                      0
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<NET-INCOME>                                     2,057
<EPS-PRIMARY>                                      .29
<EPS-DILUTED>                                      .29
<YIELD-ACTUAL>                                    4.15
<LOANS-NON>                                      1,992
<LOANS-PAST>                                       331
<LOANS-TROUBLED>                                 2,355
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 5,428
<CHARGE-OFFS>                                      164
<RECOVERIES>                                       238
<ALLOWANCE-CLOSE>                                5,692
<ALLOWANCE-DOMESTIC>                               550
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          5,142
        

</TABLE>
#### Joseph J. O’Donohue and another, *Respondents, v.*Zacharias E. Simmons, *Appellant.*

— Judgment affirmed, with costs.
#### Maria C. Boschart, *Respondent, v.*Charles Koch, *Appellant.*

Judgment affirmed, with costs. Opinion by

Daniels, J.
#### § 1113.19 Pleadings: part of the record.

Matters of fact that are verified and filed prior to oral hearing and that are not specifically denied constitute evidence and are part of the record. A witness, who would present such evidence, must be made available for cross-examination if a request is reasonably made. This rule does not apply to protests against tariffs or schedules.

[47 FR 49559, Nov. 1, 1982, as amended at 64 FR 53268, Oct. 1, 1999]
§ 1503.417 Final Notice of Proposed Civil Penalty and Order. ( a ) *Issuance.* TSA may issue a Final Notice of Proposed Civil Penalty and Order (“Final Notice and Order”) to a person charged with a violation in the following circumstances: ( 1 ) The person has failed to respond to a Notice of Proposed Civil Penalty within 30 days after receipt of that notice.
( 2 ) The person requested an Informal Conference under § 1503.413(c)(2), but failed to attend the conference or continuation of the conference or provide the agency attorney with a written request showing good cause for rescheduling of the informal conference to a specified alternate date.
( 3 ) The parties have participated in an Informal Conference or other informal proceedings as provided in § 1503.413(c)(2) and the parties have not agreed to compromise the action or the agency attorney has not agreed to withdraw the notice of proposed civil penalty.
( b ) *Contents.* The Final Notice and Order will contain a statement of the facts alleged, the law allegedly violated by the respondent, and the amount of the proposed civil penalty. The Final Notice and Order may reflect a modified allegation or proposed civil penalty as a result of information submitted to the agency attorney during the informal proceedings held under § 1503.413(c)(2).
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
PARTNERSHIP'S STATEMENTS OF EARNINGS AND BALANCE SHEETS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-10-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       2,231,614
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,231,614
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               3,707,273
<CURRENT-LIABILITIES>                           40,293
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   3,666,980
<TOTAL-LIABILITY-AND-EQUITY>                 3,707,273
<SALES>                                              0
<TOTAL-REVENUES>                               765,220
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               347,440
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                417,780
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            417,780
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   417,780
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
98-2477.

#### State v. Esmond.

Lucas App. No. L-98-1132. On motion for leave to file delayed appeal. Motion granted.

Douglas, F.E. Sweeney and Cook, JJ., dissent.
§ 176.89 Control of transport vehicles. ( a ) A transport vehicle containing hazardous materials may be transported on board a ferry vessel, subject to the following conditions: ( 1 ) The operator or person in charge of the vehicle shall deliver to the vessel's representative a copy of the shipping papers and certificate required by §§ 176.24 and 176.27;
( 2 ) The vehicle shall be placed at the location indicated by the vessel's representative;
( 3 ) The parking brakes of the vehicle shall be set securely to prevent motion;
( 4 ) The motor of a highway vehicle shall be shut off and not restarted until the vessel has completed its voyage and docked;
( 5 ) All vehicle lights shall be cut off and not relighted until the vessel has completed its voyage and docked;
( 6 ) The operator of a highway vehicle shall remain with the vehicle;
( 7 ) No repairs or adjustments must be made to the vehicle while it is on the vessel;
( 8 ) No hazardous materials are to be released from the vehicle; and
( 9 ) Any instructions given by the vessel's representative during the voyage, and during “roll on” and “roll off” operations must be observed.
( b ) Smoking by any person in or around a vehicle is prohibited.
[Amdt. 176-1, 41 FR 16110, Apr. 15, 1976, as amended at 85 FR 83402, Dec. 21, 2020]
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in Registration Statement Nos. 333-49363, 333-122186, 333-54060, 333-54062, 333-53982,333-65694, 333-66650, and 333-109043 on Forms S-8 of our report dated March 16, 2005 (May 4, 2005 as to the effects of the first restatement discussed in Note 22 and December 5, 2005 as to the effects of the second restatement discussed inNote 22) relating to the financial statements of GSI Commerce, Inc. and subsidiaries (which report expresses an unqualified opinion and includes an explanatory paragraph relating to the restatements discussed in Note 22) and our report datedMarch 16, 2005 (December 5, 2005 as to the effects of the material weaknesses discussed in GSI’s Annual Report on Internal Control Over Financial Reporting, as revised) (which report expresses an adverse opinion on the effectiveness of theCompany’s internal Control Over Financial Reporting because of material weaknesses), appearing in Amendment No. 3 to the Annual Report on Form 10-K/A of GSI Commerce, Inc. and subsidiaries for the year ended January 1, 2005.

 

/s/ DELOITTE &TOUCHE LLP 

 

Philadelphia, Pennsylvania 

December 5, 2005
§ 1104.3 Paper filings, electronic submissions, and copies. ( a ) The executed original of a paper pleading or document permitted or required to be filed under this subchapter, including correspondence, must be furnished for the use of the Board. Textual submissions of 20 or more pages must be accompanied by an electronic version. Details regarding electronic submissions, including evidence, workpapers, and other pertinent information are available on the Board's website, *www.stb.gov .*
( b ) The Board may, at its discretion, request paper copies of a pleading, document, or paper filed or e-filed with the Board. Any such copies must be clear and legible. Appropriate notes or other indications shall be used so that matters shown in color on the original, but in black and white on copies, will be accurately identified on all copies.
[84 FR 12944, Apr. 3, 2019]
#### § 7.65 Charleston Harbor, SC.

A line drawn from Charleston Light on Sullivans Island to latitude 32°40.7′ N. longitude 79°42.9′ W. (Charleston Lighted Whistle Buoy “2C”); thence to a point on Folly Island at latitude 32°41.0′ N. longitude 79°53.2′ W.

[USCG-2010-0759, 75 FR 60001, Sept. 29, 2010]
[Federal Register Volume 72, Number 130 (Monday, July 9, 2007)]
[Notices]
[Pages 37183-37184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3308]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Glenn/Colusa County Resource Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: The Glenn/Colusa County Resource Advisory Committee (RAC)

[[Page 37184]]

will meet in Willows, California. Agenda items covered include: (1) 
Introductions, (2) Approve Minutes, (3) Public Comment, (4) Project 
Proposals/Possible Action, (5) Status of Funding, (6) Reports on 
Completed Projects, (7) General Discussion, (8) Next Agenda.

DATES: The meeting will be held on July 23, 2007, from 1:30 p.m. and 
end at approximately 4:30 p.m.

ADDRESSES: The meeting will be held at the Mendocino National Forest 
Supervisor's Office, 825 N. Humboldt Ave., Willows, CA 95988. 
Individuals who wish to speak or propose agenda items send their names 
and proposals to Eduardo Olmedo, DFO, 825 N. Humboldt Ave., Willows, CA 
95988.

FOR FURTHER INFORMATION CONTACT: Bobbin Gaddini, Committee Coordinator, 
USDA, Mendocino National Forest, Grindstone Ranger District, P.O. Box 
164, Elk Creek, CA 95939. (530) 968-1815; e-mail <a href="/cdn-cgi/l/email-protection#c1a6a6a0a5a5a8afa881a7b2efa7a4a5efb4b2"><span class="__cf_email__" data-cfemail="e18686808585888f88a18792cf878485cf9492">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The meeting will be open to the public. 
Committee discussion is limited to Forest Service staff and Committee 
members. However, persons who wish to bring matters to the attention of 
the Committee will file written statements with the Committee staff 
before or after the meeting. Public input sessions are provided and 
individuals who made written requests by July 19, 2007 have the 
opportunity to address the committee at those sessions.

    Dated: June 27, 2007.
Eduardo Olmedo,
Designated Federal Official.
[FR Doc. 07-3308 Filed 7-6-07; 8:45 am]
BILLING CODE 3410-11-M


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#### Robert Beales, *Appellant, v.*James Lyons, *Respondent.*

—Judgment reversed and new trial granted, costs to abide event. Order of reference vacated. Opinion by

Barnard, P. J.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 99-7443

JOSYLAN CONGREAVES, Petitioner - Appellant,
versus DAVID CHESTER, Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, District Judge. (CA-99-258-5-F) Submitted: April 13, 2000 Decided: April 19, 2000 Before WIDENER and WILKINS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Eric Richard Nordman, Westerville, Ohio, for Appellant. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* To the extent Congreaves alleges ineffective assistance based on counsel’s failure to note a timely appeal, his claim is not cognizable because there is no right to counsel in a habeas corpus proceeding, and thus no right to effective assistance of counsel. See, e.g. , Mackall v. Angelone , 131 F.3d 442, 446-49 (4th 2 PER CURIAM: Josylan Congreaves filed an untimely notice of appeal of the district court’s order dismissing his 28 U.S.C.A. § 2241 (1994) complaint challenging his federal sentence. We dismiss for lack of jurisdiction. The time periods for filing notices of appeal are governed by Fed. R. App. P. 4(a)(1). These periods are "mandatory and jurisdictional." Browder v. Director, Dep't of Corrections , 434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229 (1960)). Parties to civil actions in which the United States or an officer or agency thereof is a party are accorded sixty days within which to file in the district court notices of appeal from judgments or final orders. See Fed. R. App. P. 4(a)(1). Fed. R. App. P. 4(a)(1). This appeal period may be extended under Fed. R. App. P. 4(a)(5) or reopened under Fed. R. App. P. 4(a)(6). The district court entered its order on June 14, 1999; Congreaves’ notice of appeal was filed on October 18, 1999, which was beyond the sixty-day appeal period. Congreaves’ failure tonote a timely appeal or obtain an extension of the appeal periodleaves this court without jurisdiction to consider the merits of this appeal. * We therefore dismiss the appeal. We dispense withCir. 1997). 3oral 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
§ 1001.3 Requests to inspect other records not considered public under 5 U.S.C. 552. ( a ) *Request and determination.* Requests to inspect records other than those now deemed to be of a public nature shall be in writing and addressed to the Freedom of Information Act Officer (FOIA Officer). The FOIA Officer shall determine within 20 days of receipt of a request (excepting Saturdays, Sundays, and legal public holidays) whether a requested record will be made available. If the FOIA Officer determines that a request cannot be honored, the FOIA Officer must inform the requesting party in writing of this decision and such letter shall contain a detailed explanation of why the requested material cannot be made available and explain the requesting party's right of appeal.
( b ) *Appeal.* If the FOIA Officer rules that such records cannot be made available because they are exempt under the provisions of 5 U.S.C. 552(b), an appeal from such ruling may be addressed to the Chairman. The Chairman's decision shall be administratively final and shall state the specific exemption(s) contained in 5 U.S.C. 552(b) relied upon for any denial. Such an appeal must be filed within 90 days of the date of the FOIA Officer's letter. The Chairman shall act in writing on such appeals within 20 days (excepting Saturdays, Sundays, and legal public holidays) of receipt of any appeal. In unusual circumstances, as set forth in 5 U.S.C. 552(a)(6)(B), the time limit may be extended, by written notice to the person making the particular request, setting forth the reasons for such extension, for no more than 10 working days. If the appeal is denied, the Chairman's order shall notify the requesting party of his or her right to judicial review. Charges shall be made as provided for in 49 CFR 1002.1.
( c ) *Alternative dispute resolution services.* Requesters may seek dispute resolution services from: ( 1 ) The Board's FOIA Public Liaison by Email at *FOIA.Privacy@stb.gov* or by mail, telephone, or facsimile as provided on the Board's Web site located at *https://www.stb.gov/stb/foia.html ;* or
( 2 ) The Office of Government Information Services (OGIS) by mail to Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road—OGIS, College Park, Maryland, 20740-6001, by facsimile at (202) 741-5769, or by Email at *ogis@nara.gov .*
[81 FR 90750, Dec. 15, 2016]