alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-6309

RAYMOND FITZGERALD,

Petitioner - Appellant,

v.

HAROLD W. CLARKE, Director, Virginia Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Norfolk. Mark S. Davis, Chief District Judge. (2:18-cv-00561-MSD-DEM)

Submitted: March 4, 2021 Decided: March 16, 2021

Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Raymond Fitzgerald, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Raymond Fitzgerald seeks to appeal the district court’s order denying relief on his

28 U.S.C. § 2254 petition. The district court referred this case to a magistrate judge 

pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended that relief be 

denied and advised Fitzgerald that failure to file timely objections to this recommendation 

would waive appellate review of a district court order based upon the 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 of the consequences of noncompliance. Martin v. Duffy, 858 F.3d 239, 245 

(4th Cir. 2017); Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985); see also Thomas 

v. Arn, 474 U.S. 140, 154-55 (1985). Fitzgerald has waived appellate review by failing to 

file objections to the magistrate judge’s recommendation after receiving proper notice. 

Accordingly, we deny a certificate of appealability and dismiss the appeal. 

We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

DISMISSED
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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Terry Patterson,

Petitioner

v.

United States of America,

Respondent

:

:

:

:

:

Civil Case No. 2:13-cv-00033

Criminal No. 2:12-cr-00044

Judge Economus

Magistrate Judge Abel

Report and Recommendation

Petitioner Terry Patterson, a prisoner at the Elkton Federal Correctional

Institution, brings this action for writ of habeas corpus under 28 U.S.C. §2255. This

matter is before the Magistrate Judge for preliminary consideration under Rule 4, Rules

Governing Section 2255 Cases in United States District Courts.

The petition alleges that on June 4, 2012, petitioner Patterson was convicted of

receipt of visual depictions in the United States District Court for the for the Southern

District of Ohio. He was sentenced to a term of 120 months.

In his petition, Patterson alleges that the Court lacked jurisdiction and that his

sentence was excessive. The petition indicates that petitioner did not appeal his

judgment of conviction. Section 2255 is not a substitute for a direct appeal, and

Patterson may not circumvent the direct appeal proces. United States v. Frady, 456 U.S.

152, 167-68 (1982). Where, as here, a petitioner has failed to assert his claims on direct

Case: 2:12-cr-00044-PCE-EPD Doc #: 34 Filed: 01/18/13 Page: 1 of 2 PAGEID #: <pageID>
appeal, in order to raise them in a § 2255 motion, he must show either good cause for

his failure and that he would suffer prejudice if not permitted to proceed or that he is

actually innocent. Bousely v. United States, 523 U.S. 614, 622 (1998); Regalado v. United

States, 334 F.3d 520, 528 (6th Cir. 2003).

Accordingly, the Magistrate Judge RECOMMENDS that this action be

DISMISSED for petitioner’s failure to show cause why he did not pursue this claim on

direct appeal. 

If any party objects to this Report and Recommendation, that party may, within

fourteen (14) days, file and serve on all parties a motion for reconsideration by the

Court, specifically designating this Report and Recommendation, and the part thereof

in question, as well as the basis for objection thereto. 28 U.S.C. §636(b)(1)(B); Rule 72(b),

Fed. R. Civ. P.

The parties are specifically advised that failure to object to the Report and

Recommendation will result in a waiver of the right to de novo review by the District

Judge and waiver of the right to appeal the judgment of the District Court. Thomas v.

Arn, 474 U.S. 140, 150-52 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). See

also, Small v. Secretary of Health and Human Services, 892 F.2d 15, 16 (2d Cir. 1989). 

s/Mark R. Abel 

United States Magistrate Judge 

-2-

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COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Jenny Day and Guillermo Moreno v. Classic Autoplex

Appellate case number: 01-19-00744-CV

Trial court case number: 17-CV-0081

Trial court: 212th District Court of Galveston County

Appellants, Jenny Day and Guillermo Moreno, have filed a motion for rehearing. 

We grant appellants’ request for rehearing, withdraw our opinion and judgment issued 

on December 31, 2019, and reinstate this case on the Court’s active docket.

We ORDER appellants, within 30 days of the date of this order, to provide 

written evidence that they have paid, or made arrangements to pay for the preparation of 

the reporter’s record.1 See TEX. R. APP. P. 35.3(b)(3), 37.3(c). Unless they timely and 

adequately respond, this Court may require appellants to file a brief and can consider and 

decide those issues or points that do not require a reporter’s record for a decision. See

TEX. R. APP. P. 37.3.

No extensions of time for providing proof of payment for the reporter’s record will 

be granted, absent extraordinary circumstances.

It is so ORDERED.

Judge’s signature: ___________/s/ Julie Countiss__________

 Acting for the Court

Date: February 13, 2020

1 There are two court reporters involved in this case, Ada Christy and Jennifer Hall.
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# C_2007257EN.01000602.xml

| 30.10.2007 | EN | Official Journal of the European Union | C 257/6 |
| --- | --- | --- | --- |

30.10.2007

EN

Official Journal of the European Union

C 257/6

---

Non-opposition to a notified concentration

(Case COMP/M.4871 — KPN/Getronics)

(Text with EEA relevance)

(2007/C 257/05)

On 8 October 2007, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32007M4871. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32007M4871. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---
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Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Mary Be th Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

January 22, 2015

jam 

# Order

Clerk January 22, 2015

1 50872 ( 3 )

STEVEN ANDERSON

,

Plaintiff,

v SC: 1 50872

A GC : 2475

- 12

ATTORNEY GRIEVANCE COMMISSION

,

Defendant.

___________________________________

On order of the Chief Justice, the motion to waive fees is considered and it

is DENIED because MCL 600.2963 requires that a prisoner pursuing a civil action be

liable for filing fees.

Within 21 days of the certification of this order, plaintiff shall p ay to the

Clerk of the Court the initial partial filing fee of $ 24 .00, shall submit a copy of this order

with the payment, and shall refile the copy of the pleadings which is being returned

with this order. Failure to comply with this order shall result i n the appeal not being

filed in this Court.

If plaintiff timely files the partial fee and refiles the pleadings, monthly

payments shall be made to the Department of Corrections in an amount of 50 percent of

the deposits made to plaintiff’s account until the payments equal the balance due of

$3 51 .00. This amount shall then be remitted to this Court.

Pursuant to MCL 600.2963(8) plaintiff shall not file further appeals in civil

actions in this Court until the entry fee in this case is paid in full.

Th e Clerk of the Court shall furnish two copies of this order to plaintiff and

return plaintiff’s pleadings with this order.
Exhibit 32.1

CERTIFICATION of CEO PURSUANT TO  Pursuant to  Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)

In connection with the Annual Report on Form 10-K for the year ended December 31, 2015 (the "Report") of FS Energy and
Power Fund (the "Registrant"), as filed with the Securities and Exchange Commission on the date hereof, I, Michael C. Forman, the Chief Executive Officer of the Registrant, hereby certify, to the best
of my knowledge, that:



Dated: March 11, 2016/s/ MICHAEL C. FORMAN Michael C. Forman
Chief Executive Officer


---



QuickLinks
EX-10.1






EXHIBIT 10.1




New Director Compensation Program




     The
Board of Directors approved a new compensation plan as of May 20, 2008. Under the new
compensation plan, the Directors’ annual retainer of $40,000
remains unchanged. The annual retainer continues to be payable in a mix of stock and cash, with a required minimum equity
component of 25%.




     The annual fee
paid to the chairperson of the Nominating and Corporate Governance committee remains unchanged
at $7,000. The annual fees paid to the Lead Director and the chairpersons of the Audit Committee
and Compensation Committee have been increased from $7,000 to
$15,000. Any special committee chair receives a fee of $25,000 paid
annually. These fees are payable in cash.



     Under the new compensation plan, the meeting fees have been increased. Directors now earn
$1,500 for each in-person Board Meeting, an increase from $1,000 per meeting. Directors also earn
$1,000 for each Board call, an increase from $500; and Directors earn $1,000 for each committee
meeting, an increase from $500. These fees are now payable in cash.



     The new plan does away with the initial grant to new directors of an option to purchase 25,000
shares, and also does away with the annual grant to directors of an option to purchase 7,500
immediately following each annual meeting of stockholders. Instead, each non-employee director
will receive an annual grant of $75,000 of value upon election/re-election to the Board. This
grant will be comprised of a mix of restricted stock and options, all of which will vest on the
first anniversary of the grant.
<PAGE>   1
                                                                    EXHIBIT 23.1



               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement (Form
S-8, No. 333-31870) pertaining to the 1997 Equity Incentive Plan of Net2000
Group, Inc. and the 1999 Stock Incentive Plan of Net2000 Communication, Inc. and
the Registration Statement (Form S-8, No. 333-31872) pertaining to 1999 Employee
Stock Purchase Plan of Net2000, Communication, Inc. of our report dated February
7, 2001, except for note 13, as to which the date is April 12, 2001, with
respect to the consolidated financial statements of Net2000 Communication, Inc.
included in the Annual Report (Form 10-K) for the year ended December 31, 2000.



                                                               /s/ ERNST & YOUNG
                                                               LLP



McLean, Virginia
April 12, 2001
EXHIBIT 32.1

CERTIFICATION PURSUANT TO

SECTION OF 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

In
connection with the Quarterly Report of Texas Industries, Inc. (the Company) on Form 10-Q for the period ended February 29, 2008 (the Report), I, Melvin G. Brekhus, President and Chief Executive Officer of the Company,
hereby certify that to my knowledge:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) 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 operations of the Company.



|                      |  |  |  |                                                        
|--------------------- |  |  |  | -------------------------------------------------------
|                      |  | 
|Dated: March 27, 2008 |  |  |  | /s/ Melvin G. Brekhus                                  
|                      |  |  |  | Melvin G. Brekhus President and Chief Executive Officer

A signed original of this written statement required by Section 906 has been
provided to Texas Industries, Inc. and will be retained by Texas Industries, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
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[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Notices]
[Page 18636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6995]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 040907B]


Gulf of Mexico Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of Closed Session of the Gulf Council via Conference 
Call.

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

SUMMARY: The Gulf of Mexico Fishery Management Council (Council) will 
convene via Conference Call in a closed session to select members to an 
Ad Hoc Recreational Red Snapper Advisory Panel, the Ecosystem 
Scientific and Statistical Committee, and an Ad Hoc Red Drum Scientific 
Review Panel.

DATES: The Conference Call will be held on Friday, April 27, 2007, from 
10 am EDT to approximately 10:30 a.m. EDT.

ADDRESSES: Meeting address: The meeting will be held via Closed Session 
conference call.
    Council address: Gulf of Mexico Fishery Management Council, 2203 
North Lois Avenue, Suite 1100, Tampa, Florida 33607.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne Swingle, Executive Director, 
Gulf of Mexico Fishery Management Council; telephone: 813-348-1630.

SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management 
Council (Council) will convene via closed session Conference Call to 
select members to an Ad Hoc Recreational Red Snapper Advisory Panel, 
the Ecosystem Scientific and Statistical Committee, and an Ad Hoc Red 
Drum Scientific Panel.

    Dated: April 9, 2007.
Tracey L. Thompson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-6995 Filed 4-12-07; 8:45 am]
BILLING CODE 3510-22-S
EXHIBIT 32.2








CERTIFICATION BY CHIEF FINANCIAL OFFICER


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 Annual Report of Sabine Pass Liquefaction, LLC. (the "Company") on Form 10-K for the year ended December 31, 2013 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael J. Wortley, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to my knowledge, 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.










Date: February 21, 2014


/s/  Michael J. WortleyMichael J. WortleyChief Financial Officer ofSabine Pass Liquefaction, LLC.
<PAGE>

                                                                      Exhibit 12

                             TAMPA ELECTRIC COMPANY

                       RATIO OF EARNINGS TO FIXED CHARGES

     The following table sets forth the company's ratio of earnings to fixed
charges for the periods indicated.
<TABLE>
<CAPTION>

 Nine Months         Twelve Months                        Year Ended December 31,
    Ended                Ended            --------------------------------------------------------
Sept. 30, 2001       Sept. 30, 2001        2000        1999         1998         1997       1996
---------------      --------------       ------     ---------    ---------     -------    --------
<S>                  <C>                  <C>        <C>          <C>           <C>       <C>
  4.65x                  4.32x             4.14x     3.82x (1)    4.51x (2)    4.38x      4.40x (3)
</TABLE>

     For the purposes of calculating these ratios, earnings consist of income
before income taxes and fixed charges. Fixed charges consist of interest on
indebtedness, amortization of debt premium, the interest component of rentals
and preferred stock dividend requirements.

(1)  Includes the effect of one-time, pretax charges totaling $18.3 million
     recorded in the third and fourth quarters of 1999.  Charges consisted of
     the following: $10.5 million recorded based on Florida Public Service
     Commission audits of Tampa Electric's 1997 and 1998 earnings which limited
     Tampa Electric's equity ratio to 58.7 percent; $3.5 million to resolve
     litigation filed by the U.S. Environmental Protection Agency; and $4.3
     million for corporate income tax settlements related to prior years' tax
     returns. The effect of these charges was to reduce the ratio of earnings to
     fixed charges. Had these charges been excluded from the calculation, the
     ratio of earnings to fixed charges would have been 4.61x for the year ended
     Dec. 31, 1999.

(2)  Includes the effect of one-time, pretax charges totaling $16.9 million, as
     more fully explained in Note I to Item 8, Financial Statements and
     Supplementary Data of the Company's Annual Report on Form 10-K for the 1998
     fiscal year. The effect of these charges was to reduce the ratio of
     earnings to fixed charges. Had these charges been excluded from the
     calculation, the ratio of earnings to fixed charges would have been 4.66x
     for the year ended Dec. 31, 1998.

(3)  Amounts have been restated to reflect the merger of Peoples Gas System,
     Inc., with and into Tampa Electric Company.