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

No. 18
- 6697

GENEVA ELAINE HAMES , Petitioner

- Appellant ,

v. WARDEN LEATH CORRECTIONAL INSTITUTION , Respondent

- Appellee

.

Appeal from the United States District Court for the District of South Carolina , at Florence

. Cameron McGowan Currie, Senior District Judge. ( 4:18

- cv - 01026

- CMC )

Submitted : October 2, 2018 Decided: October 11, 2018

Before KING and THACKER , Circuit Judges , and HAMILTON, Senior Circuit Judge.

Dismissed by un published per curiam opinion

. Geneva Elaine Hames, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Geneva Elaine Hames seeks to appeal the d istrict court’s order adopting the recommendation of the magistrate judge and dismissing as successive and unauthorized her 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealabili ty. See 28 U.S.C. § 2253(c)(1)(A) (2012). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prison er satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 3 36

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Sla ck , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Hames has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts a nd legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED
**Exhibit      32.2**

**OFFICER’S      CERTIFICATION**

**PURSUANT      TO**

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

**(18      U.S.C. 1350)**

| 1.     | The                  Report is in full compliance with reporting requirements of Section                  13(a)                  of the Securities Exchange Act of 1934, as amended; and                   |
|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                                       |
| 2.     | The                  information contained in the Report fairly presents, in all material                  respects, the financial condition and results of operation of the                  Corporation. |

|                                     |                                                                                                                    |
|------------------------------------------|-------------------------------------------------------------------------------------------------------------------------|
| */s/                William J. McGinnis* |
|                                     | William                J. McGinnis                                                                                      |
|                                     | Acting                Chief Accounting  Officer, Corporate Secretary  and                Controller |
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

DAVID V. GILLILAND, DOC # R36487, )

)

Appellant, )

)

v. ) Case No. 2D18-2352

)

STATE OF FLORIDA, )

)

Appellee. )

)

Opinion filed April 10, 2019. 

Appeal pursuant to Fla. R. App. P. 

9.141(b)(2) from the Circuit Court for 

Pinellas County; Philip J. Federico, Judge. 

David V. Gilliland, pro se.

PER CURIAM.

Affirmed. 

KELLY, LaROSE, C.J., and SMITH, JJ., Concur.
Before the Third Division,

June 23, 1938

No. 38870.

#### Protests 726102-G, etc., of Parrish Bros. (Baltimore).

Opinion by

Evans, J.

In accordance with stipulation of counsel and on the authority of Abstract 37263 the laurel leaves in question were held free of duty under paragraph 1722 as claimed.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BALANCE
SHEET AND INCOME STATEMENT AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998             DEC-31-1998
<PERIOD-START>                             APR-01-1998             JAN-01-1998
<PERIOD-END>                               JUN-30-1998             DEC-31-1998
<CASH>                                               0                  29,564
<SECURITIES>                                         0                   5,748
<RECEIVABLES>                                        0                 231,238
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                     0                 276,057
<PP&E>                                               0                  66,576
<DEPRECIATION>                                       0                  39,176
<TOTAL-ASSETS>                                       0                 391,835
<CURRENT-LIABILITIES>                                0                  86,316
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                             0                   7,146
<OTHER-SE>                                           0                 296,734
<TOTAL-LIABILITY-AND-EQUITY>                         0                 396,835
<SALES>                                        266,904                 496,960
<TOTAL-REVENUES>                                     0                       0
<CGS>                                                0                       0
<TOTAL-COSTS>                                  225,931                 418,662
<OTHER-EXPENSES>                                    57                     244
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                (47)                       2
<INCOME-PRETAX>                                 42,402                  80,702
<INCOME-TAX>                                    19,702                  35,218
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<NET-INCOME>                                    22,700                  45,484
<EPS-PRIMARY>                                      .32                     .64 
<EPS-DILUTED>                                      .31                     .63
        


</TABLE>
Countrywide Home Loans (LOGO)

400 Countrywide Way
Simi Valley, California 93065-6298

May 15, 2000

NORWEST BANK
11000 Broken Land Parkway
Columbia, MD 21044-3562
Attn: Joe Scheffer


OFFICER'S CERTIFICATE

I, Joseph  Candelario,  hereby certify that I am the First Vice President,  Loan
Administration  of  Countrywide  Home  Loans,  Inc.,  fka  Countrywide   Funding
Corporation.  I further  certify,  with respect to the Servicing  Agreements for
Countrywide Mortgage Obligations, Inc., the following:

I have reviewed the activities and performance of the Servicer during the fiscal
year  ended  February  29,  2000  under the  Agreements  and,  to the best of my
knowledge,  based on my review,  the Servicer has  fulfilled  all of its duties,
responsibilities or obligations under the Agreements throughout the fiscal year.


Joseph Candelario
First Vice President
Compliance Officer
Loan Administration

5/17/00
Date
<PAGE>
                                                                    EXHIBIT 99.1


                                Koss Corporation

                   CERTIFICATION OF PERIODIC FINANCIAL REPORT
            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. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Koss Corporation (the
"Company") certifies that to his knowledge the Company's Annual Report on Form
10-K for the fiscal year ended June 30, 2002 (the "Report"):

         (1)      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 results of
                  operations of the Company.

Dated:  September 4, 2002                      /s/Michael J. Koss
                                                  ---------------------------
                                                  Michael J. Koss
                                                  Chief Executive Officer


                                               /s/Michael J. Koss
                                                  ---------------------------
                                                  Michael J. Koss
                                                  Chief Financial Officer


This certification accompanies the Form 10-K pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
(Reap. Dec. 10093)

#### Chain Bike Corp. *v.*United States

Entry No. 2535, etc.

(Decided November 6, 1961)

*Barnes, Richardson & Colburn*for the plaintiff.

*William S. Orrick, Jr.,*Assistant Attorney General, for the defendant.

Oliver, Chief Judge:

The appeals for reappraisement enumerated in schedule “A,” hereto attached and made a part hereof, relate to certain bicycles, exported from France and entered at the port of Baltimore.

Stipulated facts, upon which these appeals have been submitted, establish that the proper basis for appraisement of the articles in question is cost of production, as defined in section 402(f) of the Tariff Act of 1930, and that such statutory value therefor is equal *502to tbe invoice price, less tbe proportionate part of items of ocean freight, insurance, and consular fee, as invoiced, and I so bold.

Judgment will be rendered accordingly.
**Exhibit32(a)**

CERTIFICATION OFCHIEF EXECUTIVE OFFICERPURSUANT TO 18 U.S.C. SECTION 1350

In connection withthe Form 10-Q of Frederick County Bancorp, Inc. for the quarter ended June 30,2006, I, Martin S. Lapera, President and Chief Executive Officer of FrederickCounty Bancorp, Inc., hereby certify pursuant to 18 U.S.C. §1350, as adoptedpursuant to §906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledgeand belief, that:

(1) such Form 10-Q forthe quarter ended June 30, 2006, fully complies with the requirements ofsection 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2) the informationcontained in such Form 10-Q for the quarter ended June 30, 2006, fairlypresents, in all material respects, the financial condition and results ofoperations of Frederick County Bancorp, Inc.

 
| /s/ Martin S. Lapera                  |   |
|---------------------------------------|--------|
| Martin S. Lapera                      |
| President and Chief Executive Officer |

 

----
II 

118TH CONGRESS 

1ST SESSION S. 432 

To amend the Wild and Scenic Rivers Act to designate the Nulhegan River 

and Paul Stream in the State of Vermont for potential addition to 

the national wild and scenic rivers system, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2023 

Mr. WELCH (for himself and Mr. SANDERS) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Wild and Scenic Rivers Act to designate 

the Nulhegan River and Paul Stream in the State of 

Vermont for potential addition to the national wild and 

scenic rivers system, and for other purposes. 

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 ‘‘Nulhegan River and 

5 Paul Stream Wild and Scenic River Study Act of 2023’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 432 IS

1 SEC. 2. AMENDMENTS TO THE WILD AND SCENIC RIVERS 

2 ACT. 

3 (a) DESIGNATION FOR STUDY.—Section 5(a) of the 

4 Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amend5 ed by adding at the end the following: 

6 ‘‘(147) NULHEGAN RIVER AND PAUL STREAM, 

7 VERMONT.—The following segments: 

8 ‘‘(A) The approximately 22-mile segment 

9 of the main stem of the Nulhegan River from 

10 the headwaters near Nulhegan Pond to the con11 fluence with the Connecticut River, and any as12 sociated tributaries (including the North, Yel13 low, Black, and East Branches). 

14 ‘‘(B) The approximately 18-mile segment 

15 of Paul Stream from the headwaters on West 

16 Mountain to the confluence with the Con17 necticut River, and any associated tributaries.’’. 

18 (b) STUDY AND REPORT.—Section 5(b) of the Wild 

19 and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended 

20 by adding at the end the following: 

21 ‘‘(24) NULHEGAN RIVER AND PAUL STREAM, 

22 VERMONT.—Not later than 3 years after the date on 

23 which funds are made available to carry out this 

24 paragraph, the Secretary of the Interior shall— 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 432 IS

1 ‘‘(A) complete the study of the Nulhegan 

2 River and Paul Stream segments in Vermont 

3 described in subsection (a)(147); and 

4 ‘‘(B) submit to the appropriate committees 

5 of Congress a report describing the results of 

6 such study.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
**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

 

In connection with the amended Quarterly Report of Cano Petroleum, Inc. (the “Company”) on Form 10-QSB/A for the quarter ended September 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, S. Jeffrey Johnson, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)               The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities and 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.

 

A signed original of this written statementrequired by Section 906 has been provided to Cano Petroleum, Inc. and willbe retained by Cano Petroleum, Inc. and furnished to the Securities andExchange Commission or its staff upon request.

 

 
| February 22, 2005 | /s/ S. Jeffrey Johnson  |   |
|------------------------|-------------------------|--------|
|                   | S. Jeffrey Johnson      |
|                   | Chief Executive Officer |

 

----
2. Non-Compete During Employment. During the term of this Agreement, Employee agreesnot to engage, either directly or indirectly, in owning, managing, operating, advising,controlling, being employed by, or participating in any manner in the ownership,management-partnership, joint venture or the like which in any way sells or markets, eitherdirectly or indirectly, or intends to sell or market K through 12, college or university tuitionbilling services or other merchandise or services sold or offered for sale by the Corporation orits affiliates, without the express written consent and permission of the Corporation.3. Non-CompeteUpon Termination of Employment. For a period of two (2) years from thedate of the cancellation or termination of Employee’s employment with the Corporation (for anyreason and by either party), Employee shall not directly or indirectly solicit or sell to anyperson with whom Employee had personal contact while selling or attempting to sell, servicing orpromoting K through 12, college or university tuition billing services or other merchandise orservices on behalf of the Corporation without the express written consent and permission of theCorporation; provided, however, that nothing herein shall be construed to prevent Executive fromproviding consulting services or conducting seminars for schools or dioceses relating to schooloperations, marketing, business and financial matters for such institutions, so long as suchactivities do not directly or indirectly compete with products or services offered by theCorporation.4. Remedies. The parties understand and agree that a breach hereof will causeirreparable injury to the Corporation, that monetary damage would not provide an adequate remedyfor such breach, and therefore, the Corporation may elect to have this Agreement specificallyenforced by any court having equity jurisdiction. In the event Employee fails to observe therequirements of this Agreement, the Corporation shall be entitled to enforce such provisionsthrough any remedies provided by law, including but not limited to injunctive relief and, inaddition, the Corporation may, in its sole discretion, retain as liquidated damages any salaries,bonuses or other compensation then due and owing, or which may become due and owing in the future,by the Corporation to the Employee, and pursue such other remedies for relief which may beavailable pursuant to law or this Agreement.5. Governing Law. This Agreement shall be governed by, construed and enforced inaccordance with the laws of the State of Nebraska.6. Severability. Should any provision of this Agreement be held unenforceable orinvalid under the laws of the State of Nebraska, the parties agree that such provision shall bedeemed modified for purposes of performance.
 
2

 
7. Assignment. This Agreement and the rights and obligations of the parties hereto arepersonal in nature and may not be assigned or delegated by either party without the prior writtenconsent of the other party.**IN WITNESS WHEREOF**, the parties have executed this Agreement as of the date first abovewritten.      FACTS MANAGEMENT COMPANY,
[Federal Register Volume 72, Number 51 (Friday, March 16, 2007)]
[Notices]
[Page 12673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4770]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35004]


The Kansas City Southern Railway Company--Temporary Trackage 
Rights Exemption--Union Pacific Railroad Company

    Pursuant to a written trackage rights agreement dated February 28, 
2007, Union Pacific Railroad Company (UP) has agreed to grant temporary 
overhead trackage rights to The Kansas City Southern Railway Company 
(KCSR): (1) On UP's Little Rock Subdivision, extending between milepost 
51.0 at Jefferson, TX, and milepost 344.3 at North Little Rock, AR; and 
(2) on UP's Van Buren and Wagoner Subdivisions, extending between 
milepost 344.3 at North Little Rock, AR, and milepost 526.7 at 
Sallisaw, OK, a distance of approximately 379.3 miles.
    The transaction is scheduled to be consummated on April 5, 2007, 
the effective date of the exemption (30 days after the exemption was 
filed). The temporary trackage rights are scheduled to expire on July 
1, 2007.
    The sole purpose of the temporary trackage rights is to facilitate 
the bridging of KCSR's train service while KCSR's lines on its 
Shreveport and Heavener Subdivisions are out of service due to 
maintenance operations over those Subdivisions.
    As a condition to this exemption, any employees affected by the 
acquisition of the temporary trackage rights will be protected by the 
conditions imposed in Norfolk and Western Ry. Co.--Trackage Rights--BN, 
354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.--Lease 
and Operate, 360 I.C.C. 653 (1980), and any employees affected by the 
discontinuance of those trackage rights will be protected by the 
conditions set out in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    This notice is filed under 49 CFR 1180.2(d)(8). If it contains 
false or misleading information, the exemption is void ab initio. 
Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed 
at any time. The filing of a petition to revoke will not automatically 
stay the effectiveness of the exemption. Stay petitions must be filed 
by March 29, 2007 (at least 7 days before the exemption becomes 
effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35004, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-1001. In addition, a 
copy of each pleading must be served on William A. Mullins, 2401 
Pennsylvania Ave., NW., Suite 300, Washington, DC 20037.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: March 9, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-4770 Filed 3-15-07; 8:45 am]
BILLING CODE 4915-01-P