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

No. 18
- 6830

BRUCE DUANE WALTON , Petitioner

- Appellant ,

v. MR. TRACY RAY , Respondent

- Appellee, and MATT BAILEY, Assistant Warden, Respondent

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

. John A. Gibney, Jr. , District Judge. ( 3:17

- cv - 00474

- JAG

- RCY )

Submitted : November 30, 2018 Decided: December 1 1 , 2018

Before KING and FLOYD , Circuit Judges , and TRAXLER, Senior Circuit Judge.

Dismissed by un published per curiam opinion

. Bruce Duane Walton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Bruce Duane Walton seeks to appeal t he district court’s order denying relief on his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 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 prisoner satisfies this standard by demonstrating that reasonable jurists would find t hat 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, 336

- 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. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Walton has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument be cause the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Office of the Secretary

The following Agreements were filed with the Department of Transportation under the Sections 412 and 414 of the Federal Aviation Act, as amended (49 U.S.C. 1382 and 1384) and procedures governing proceedings to enforce these provisions. Answers may be filed within 21 days after the filing of the application.

*Docket Number:*                     DOT-OST-2012-0024.                

*Date Filed:*                     February 16, 2012.                

*Parties:*                     Members of the International Air Transport Association.                

*Subject:*                     PTC COMP Mail Vote 701—Resolution 011a Mileage Manual, Non TC Member/Non IATA Carrier Sectors, Intended Effective Date 15 March 2012, for Implementation 1 April 2012 (Memo 1663).                

Renee V. Wright,

Program Manager, Docket Operations, Federal Register Liaison.

[FR Doc. 2012-5523 Filed 3-6-12; 8:45 am]

BILLING CODE 4910-9X-P
#### Darrell C. BROWN, Appellant, v. STATE of Florida, Appellee.

No. BQ-117.

District Court of Appeal of Florida, First District.

June 11, 1987.

Rehearing Denied July 6, 1987.

Darrell C. Brown, pro se.

Jefferson W. Morrow, of David & Morrow, Jacksonville, for appellant.

*669Robert A. Butterworth, Atty. Gen., and Elizabeth Masters, Asst. Attys. Gen., Tallahassee, for appellee.

WIGGINTON, Judge.

Appellant appeals the trial court’s summary denial of his motion for post-conviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. We reverse and remand.

In his motion, appellant alleged ineffective assistance of counsel in that his attorney failed to call certain defense witnesses to attack the credibility of the State’s sole witness against appellant. He attached affidavits of three witnesses, in which the witnesses stated that they had personal knowledge of the State’s witness’s reputation for being untruthful and they had so informed defense counsel. The trial judge denied the motion, stating that the failure to produce the testimony of those witnesses falls into the category of trial tactics.

The allegations in appellant’s motions are sufficiently detailed so that if they are true, he may have satisfied the requirements of *Knight v. State,*394 So.2d 997 (Fla.1981). to show ineffective assistance of counsel. We are unable to say that he has not met those requirements since the trial judge did not attach any portion of the record to his order denying relief. *See Blanco v. State,*502 So.2d 1374 (Fla. 2d DCA 1987) and *Swain v. State,*502 So.2d 494 (Fla. 1st DCA 1987). Therefore, we reverse and remand for the attachment to the order of pertinent portions of the record showing that appellant is not entitled to relief or for further proceedings in accordance with the rule.

JOANOS and ZEHMER, JJ., concur.
F OR P UB L I CAT I ON U N I TED STA TES C O U R T O F A PPEA LS FO R TH E N I N TH C I R C U I T ELI ZA BETH A I D A H A SK ELL; R EG I N A LD EN TO ; J EFFR EY PA TR I C K LY O N S J R . ; A A K A SH D ESA I , o n be ha l f

o f t he m s e lv e s a nd oth er s s i m i l arly si tu ated , P l ai n t i ffs - A p p el l an t s, v. K A M A L A D . H A R R IS , A tt orn ey Ge ne r a lo f

Ca l i f o r ni a ; EV A S T E I N B E R G E R , A s s i s t an tB u r e au C h ie f f o r D N A P r o g r a m s , C a lif o r n ia D ep artm en t of Ju st i ce , D efen d an t s - A p p el l ees. N o. 10- 15152 D . C. N o . 3 : 0 9 - c v - 0 4 7 7 9 - CRB O R D ER

KOZ I NS KI , C hi ef

Judg e: U po n the vo t e of am aj ori ty of non re cuse d act i ve j ud ges, i ti s order ed that thi s c as e be r eheard en banc pu rs uantt o F ed. R . A pp . P . 35 (a ) andC i rc ui tRul e 35- 3. T he thr e e -

j udge pane lopi ni on s ha l lnotbe c i t e d a s pr e c e de ntbyort o any c o u rt o f th e N in th C ir c u it. 

# FI LED JU L 25 2012 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALSP age 2

Judge s N guy e n, W at f

or d and H urw i tz di d notpart i c ipat e i n the de l ibe r at i ons or vo t e a s t o w hether the ca se shou l d b e t aken en banc.
Exhibit 32.2



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 Annual Report of Zeros & Ones, Inc. (the Company) on Form 10-KSB/A for the fiscal year ended December 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Mark M. Laisure, Chairman of the Board, Chief Financial Officer and Secretary of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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; 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:  April 2, 2007 | By: | /s/ Mark M. Laisure                                                                                                                      
|                     |     | Mark M. Laisure                                                                                                                          
|                     |     | Chairman of the Board, Chief Financial Officer and Secretary
(Principal Executive Officer and Principal Financial
and Accounting Officer)
#### McCOOK v. FEDERAL LAND BANK OF COLUMBIA, S. C., et al.

Circuit Court of Appeals, Fifth Circuit.

Dec. 20, 1939.

Charles C. Crockett, of Dublin, Ga., for appellant.

Harry D.' Reed, of Columbia, S. C., and R. M. Daley, of Dublin, Ga., for appellees.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

PER CURIAM.

McCook sought relief as a farmer under Section 75 of the Bankruptcy Act, 11 U.S. C.A. § 203, and failing to obtain an agreement with his creditors amended and prayed to be adjudged a bankrupt and for relief under Subsection s. Federal Land Bank of Columbia, a mortgage creditor, moved to dismiss the proceedings. The Conciliator to whom the matter was referred refused the motion and fixed a rental for the lands. The district judge on review dismissed the proceedings. It is apparent that this action was taken under a misapprehension of the law which was prevalent at the time but was corrected in the case of John Hancock Mutual Life Ins. Co. v. Bartels, 60 S. Ct. 221, 84 L.Ed.-, decided Dec. 4, 1539. The judgment of dismissal is reversed with direction to proceed according to the opinion in the case cited.

Reversed.
|Exhibit 32.1
|------------

CERTIFICATION PURSUANT TO 
18 U.S.C. SECTION 1350, 
AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of China Energy Corporation (the "Company") on Form 10-Q for the quarter ended August 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), WenXiang Ding, Chief Executive Officer and President of the Company, certifies to the best of his knowledge, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 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.
|   



|/s/ WenXiang DingWenXiang DingChief Executive Officer and PresidentDated: October 20, 2008
|------------------------------------------------------------------------------------------

---
#### Derrick LOWERY v. STATE of Mississippi.

No. 91-KA-0097.

Supreme Court of Mississippi.

Dec. 16, 1993.

Johnnie E. Walls, Jr., Walls Law Firm, Greenville, for appellant.

Michael C. Moore, Atty. Gen., Jean Smith Vaughan, Sp. Asst. Atty. Gen., Jackson, for appellee.

Appeal No. 7250 from Judgment dated Dec. 20, 1990; Elzy Jonathan Smith, Jr., Ruling Judge, Bolivar County Circuit Court, Second Judicial District.

Before DAN M. LEE, P.J., and BANKS and JAMES L. ROBERTS, Jr., JJ.

Affirmed.
[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Rules and Regulations]
[Page 15263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6313]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0129]


Security Zone; Portland Rose Festival on Willamette River; 
Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the Portland Rose Festival 
Security Zone in 33 CFR 165.1312 from 11 a.m. on June 6, 2012 until 11 
a.m. on June 11, 2012. This action is necessary to ensure the security 
of maritime traffic, including the public vessels present on the 
Willamette River during the Portland Rose festival. During the 
enforcement period, no person or vessel may enter or remain in the 
security zone without permission of the Captain of the Port, Columbia 
River, Oregon.

DATES: The regulations in 33 CFR 165.1312 will be enforced from 11 a.m. 
on June 6, 2012 until 11 a.m. on June 11, 2012.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email ENS Ian McPhillips, Waterways Management Division, MSU 
Portland, Oregon, Coast Guard; telephone 503-240-9319, email 
<a href="/cdn-cgi/l/email-protection#2a634b44047a0467497a42434646435a596a5f59494d04474346"><span class="__cf_email__" data-cfemail="541d353a7a047a1937043c3d38383d242714212737337a393d38">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the security 
zone for the Portland Rose Festival detailed in 33 CFR 165.1312 for all 
vessels operating in the Columbia River Captain of the Port Zone from 
11 a.m. on June 6, 2012 until 11 a.m. on June 11, 2012.
    Under the provisions of 33 CFR 165.1312 and 33 CFR part 165, 
subpart D, no person or vessel may enter or remain in the security zone 
without permission of the Captain of the Port, Columbia River. Persons 
or vessels wishing to enter the security zone may request permission to 
do so from the on scene Captain of the Port representative via VHF 
Channel 16 or 13. The Coast Guard may be assisted by other Federal, 
State, or local enforcement agencies in enforcing this regulation.
    This notice is issued under authority of 33 CFR 165.1312 and 5 
U.S.C. 552(a). In addition to this notice in the Federal Register, the 
Coast Guard will provide the maritime community with notification of 
this enforcement period via the Local Notice to Mariners.

    Dated: February 24, 2012.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2012-6313 Filed 3-14-12; 8:45 am]
BILLING CODE 9110-04-P


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**Exhibit 32.2**

 

**WrittenStatement of the Chief Executive Officer and Chief Financial Officer**

 

**Pursuantto Section 906**

 

**ofthe Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)**

 

The undersigned, theChief Executive Officer and the Chief Financial Officer of Emergency MedicalServices Corporation, as general partner of Emergency Medical Services L.P., aDelaware limited partnership (the “Company”), each hereby certifies that, tohis knowledge on the date hereof:

 

(a)       the Form 10-Q of the Company for thefiscal quarter ended June 30, 2008, filed on the date hereof with theSecurities and Exchange Commission (the “Report”), fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(b)       the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 
|   | /s/ William A. Sanger                       |
|--------|---------------------------------------------|
|   | William A. Sanger                           |
|   | Chief Executive Officer                     |
|   | Emergency Medical  Services Corporation, as |
|   | general partner of  Emergency Medical       |
|   | Services L.P.                               |
|   | August 4, 2009                         |
|   |                                        |
|   | /s/ Randel G. Owen                          |
|   | Randel G. Owen                              |
|   | Chief Financial Officer                     |
|   | Emergency Medical  Services Corporation, as |
|   | general partner of  Emergency Medical       |
|   | Services L.P.                               |
|   | August 4, 2009                         |

 

----
#### STATE ex rel. Anthony JONES v. Hayden J. DEES, Warden.

No. 88-KH-1796.

Supreme Court of Louisiana.

July 13, 1988.

In re Jones, Anthony; applying for supervisory and/or remedial writs and writ of mandamus; Parish of Rapides, 9th Judicial District Court, Div. “B”.

Granted for the sole purpose of transferring to the 19th Judicial District Court, Parish of East Baton Rouge, Section 3, for prompt consideration.
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 18 U.S.C. ss. 1350, the undersigned officer of LGA Holdings, Inc. (the
      "Company"), hereby certifies that the Company's Annual Report on Form 10-KSB
      for
      the year ended June 30, 2006 (the "Report") fully complies with the requirements
      of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of
      1934
      and that the information contained in the Report fairly presents, in all
      material respects, the financial condition and results of operations of the
      Company.





Dated:
      October 25, 2006








/s/
      Marty Williams


Marty
      Williams


Chief
      Executive Officer, President
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-2633

FLOYD RANDOLPH GRANGER, III; MICHAEL GERARD GRANGER, Plaintiffs - Appellants, versus UNITED STATES DEPARTMENT OF AGRICULTURE; HAROLD F. ZORNIG, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (CA-98-171-6-13AK) Submitted: April 15, 1999 Decided: April 21, 1999 Before NIEMEYER and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Floyd Randolph Granger, III, Michael Gerard Granger, Appellants Pro Se. James D. McCoy, III, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellants appeal the district court’s order dismissing their civil action. We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Granger v. United States Dep’t of Agric. , No. CA-98-171-6-13AK (D.S.C. Oct. 15, 1998). 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
Exhibit 31.1



CERTIFICATION



I, Anthony J. Bettencourt, certify that:



| | 1. | I have reviewed this Annual Report on Form 10-K-A, Amendment No. 1, of Verity, Inc.;
| | -- | ------------------------------------------------------------------------------------



| | 2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period covered by this report;
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 3. | Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this report;
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 4. | The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (a) | All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the
registrants ability to record, process, summarize and report financial information; and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (b) | Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: July 13, 2005



/s/ ANTHONY J. BETTENCOURTAnthony J. BettencourtChief Executive Officer and President (Principal
Executive Officer)