alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Mark Todd SHOWALTER, Petitioner-Appellant, v. D.A. BRAXTON, Warden, Respondent-Appellee.

No. 05-6720.

United States Court of Appeals, Fourth Circuit.

Submitted: Sept. 28, 2005.

Decided: Oct. 13, 2005.

Mark Todd Showalter, Appellant Pro Se. Robert H. Anderson, III, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Before WILKINSON, LUTTIG, and MOTZ, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Mark Todd Showalter seeks to appeal the district court’s order dismissing as untimely his petition filed under 28 U.S.C. § 2254 (2000). An appeal may not be taken from a final order in a habeas corpus proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists *442would find that the district court’s assessment of his constitutional claims is debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. *See Miller-El v. Cockrell,*537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683 (4th Cir.2001). We have independently reviewed the record and conclude that Showalter has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal.* We grant Showalter’s motion to place portions of the record (Volumes 2-6) on appeal under seal. 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.

*DISMISSED*

*

 Showalter also appeals the magistrate judge’s order denying his motion for extension of time to note an appeal. Because the magistrate judge construed the motion as Showalter’s notice of appeal, and the notice of appeal is deemed timely filed, we find no error.
IN THE SUPREME COURT OF PENNSYLVANIA

OFFICE OF DISCIPLINARY COUNSEL,

Petitioner

v.

JOHN WILLIAM EDDY,

Respondent :

:

:

:

:

:

:

:

: No. 2638 Disciplinary Docket No. 3

File No. C4

- 19

- 370

Attorney Registratio n No. 209046

(Fayette County)

ORDER

PER CURIAM

AND NOW , this 6 th day of September , 2019, following consideration of the

responses to this Court’s Rule to Show Cause why Respondent should not be placed on

temporary suspension, the Rule is made absolute. It is provided that:

1. Respondent is placed on temporary suspension until further definitive action by

this Court;

2. Respondent shall comply with the provisions of Pa.R.D.E. 217;

3. The President Judge of the Court of Common Pleas of Fayette County shall

enter such orders as may be necessary to protect the rights of Respondent’s clients or

fiduciary entities with which he is involved, see Pa.R.D.E. 217(g); and

4. All financial institutions in which Respondent holds fiduciary funds shall freeze

such accounts pending further action.

Responden t’s rights to petition for dissolution or amendment of this order and to

request accelerated disposition of charges underlying this order pursuant to Pa.R.D.E.

208(f)(6) are specifically preserved.This Order constitutes an imposition of public discipline pertaining to

confidentiality. See Pa.R.D.E. 402.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM SEPTEMBER
25, 1999 FORM 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS CONTAINED THEREIN.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-25-1999
<CASH>                                            (21)
<SECURITIES>                                         0
<RECEIVABLES>                                   76,280
<ALLOWANCES>                                         0
<INVENTORY>                                     50,301
<CURRENT-ASSETS>                               130,092
<PP&E>                                          21,653
<DEPRECIATION>                                   3,000
<TOTAL-ASSETS>                                 246,476
<CURRENT-LIABILITIES>                           74,417
<BONDS>                                              0
<PREFERRED-MANDATORY>                           11,036
<PREFERRED>                                          0
<COMMON>                                            65
<OTHER-SE>                                      68,556
<TOTAL-LIABILITY-AND-EQUITY>                   246,476
<SALES>                                        138,793
<TOTAL-REVENUES>                               138,793
<CGS>                                           79,701
<TOTAL-COSTS>                                   79,701
<OTHER-EXPENSES>                                47,869
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,699
<INCOME-PRETAX>                                    571
<INCOME-TAX>                                     1,437
<INCOME-CONTINUING>                              (866)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (866)
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</TABLE>
ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeal of -- ) 

) 

Kiewit Building Group Inc. ) 

) 

Under Contract No. W911KB-12-C-001 l ) 

APPEARANCES FOR THE APPELLANT: 

APPEARANCES FOR THE GOVERNMENT: 

ASBCA No. 59522 

Michael A. Branca, Esq. 

Jesse S. Keene, Esq. 

Peckar & Abramson P.C. 

Washington, DC 

Thomas H. Gourlay, Jr., Esq. 

Engineer Chief Trial Attorney 

Carl F. Olson, Esq. 

Kyle B. Davis, Esq. 

Engineer Trial Attorneys 

U.S. Army Engineer District, Alaska 

ORDER OF DISMISSAL 

The dispute has been settled. The appeal is dismissed with prejudice. 

Dated: 29 June 2015 

Administrative Judge 

Armed Services Board 

of Contract Appeals 

I certify that the foregoing is a true copy of the Order of Dismissal of the Armed 

Services Board of Contract Appeals in ASBCA No. 59522, Appeal of Kiewit Building 

Group Inc., rendered in conformance with the Board's Charter. 

Dated: 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals
September 2021 

There were 10 surveillance inspections conducted at 10 different sites for a total of 

99 fish sampled this month. Samples are targeted to moribund and fresh mortalities 

when possible. The water temperatures remained steady in response to the warm air 

temperatures. All sites with fish in the water remained Category 1 and were 

scheduled for monthly sampling. Routine harvest continued. No cages were 

confirmed positive this month.

Date Number of 

Samples

Confirmed Positive Cages Cumulative 

Program Samples

October 2020 45 0 23381

November 2020 35 0 23416

December 2020 45 0 23461

January 2021 45 0 23506

February 2021 45 0 23551

March 2021 46 0 23597

April 2021 50 0 23647

May 2021 90 0 23737

June 2021 120 0 23857

July 2021 110 0 23967

August 2021 122 0 24089

September 2021 99 0 24188
# C_2018112EN.01004101.xml

| 26.3.2018 | EN | Official Journal of the European Union | C 112/41 |
| --- | --- | --- | --- |

26.3.2018

EN

Official Journal of the European Union

C 112/41

---

Action brought on 2 February 2018 — Mahr v EUIPO — Especialidades Vira (Xocolat)

(Case T-58/18)

(2018/C 112/52)

Language in which the application was lodged: English

Parties

Parties

Applicant: Ramona Mahr (Vienna, Austria) (represented by: T. Rohracher, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Other party to the proceedings before the Board of Appeal: Especialidades Vira, SL (Martorell, Spain)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before EUIPO

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant

Applicant of the trade mark at issue:

Trade mark at issue: EU word mark ‘Xocolat’ — Application for registration No 14 335 574

Trade mark at issue:

Procedure before EUIPO: Opposition proceedings

Procedure before EUIPO

Contested decision: Decision of the Second Board of Appeal of EUIPO of 6 November 2017 in Case R 541/2017-2

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order EUIPO to pay the costs. |
| --- | --- |

—

order EUIPO to pay the costs.

Plea in law

Plea in law

| — | Infringement of Article 8(1)(b) Regulation No 1001/2017. |
| --- | --- |

—

Infringement of Article 8(1)(b) Regulation No 1001/2017.

---
Breadcrumb

1. Home

2. Print 

3. Pdf 

4. Node 

5. Entity Print 

National List of Reportable Animal

Diseases

Last Modified: 

Print

The material on this page is supplementary to the proposed National List of

Reportable Animal Diseases (NLRAD).

Visit regulations.gov for the proposed regulatory text or to view comments

Current Reportable Disease List 

Frequently Asked Questions 

National Animal Health Reporting System (NAHRS) 

The National Animal Health Reporting System (NAHRS) is the only comprehensive

reporting system for World Organisation for Animal Health (WOAH)-reportable

diseases in the United States.

NLRAD System Standards 

Case Definitions

African Swine Fever

Avian Influenza
Classical Swine Fever

Fowl Typhoid

Monkeypox

Screwworm

Virulent Newcastle Disease

West Nile Virus

Honey Bee Diseases

Acarapisosis of Honey Bees

American Foulbrood of Honey Bees

Deformed Wing Virus

European Foulbrood of Honey Bees

Slow Bee Paralysis Virus 

Small Hive Beetle Infestation

Tropilaelaps Infestation of Honey Bees

Varroosis of Honey Bees

Notifiable Disease Reporting Contacts

State Veterinarians

Visit the United States Animal Health Association for the current listing of State

animal health officials.

APHIS District Offices

Use the dropdown menu to find the APHIS Veterinary Services District Office for your

State. This is contact information during normal business hours.

- Select a State - ▾

Loading...

Foreign Animal Disease (FAD) Hotline

For after hours and weekends, call the FAD Hotline at 866-536-7593.
National List of Reportable Animal Diseases Contacts
#### Paul Larche, Appellant, v. J. L. Hackney, P. H. Collins, J. M. Jackson, D. R. Crum and W. B. Moody, constituting the Board of County Commissioners of Hillsborough County, Florida, and W. H. Kendrick, R. L. Davis, C. E. Webb and J. C. McNeil, Appellees.

An Appeal from a Decree of the Circuit Court within .«nd for the County of Hillsborough.

K, I. McKay and James F. Glen, for Appellant;

Sparkman & Carter, for Appellees.

Appeal dismissed on motion of counsel for appellant at costs of appellant.
#### Liberato v. State

22760

12/11/2000

Affirmed
Exhibit 32CEO AND CFO CERTIFICATION OF PERIODIC REPORTPursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, each of theundersigned certifies that:(1) the Annual Report on Form 10-K of the Company for the year ended September 30, 2006 (the“Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities ExchangeAct of 1934 (15 U.S.C. 78m or 78o(d)); and (2) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.       /s/ Joseph T. Dunsmore Joseph T. Dunsmore    President, Chief Executive Officer, Chairman and Director         /s/ Subramanian Krishnan Subramanian Krishnan    Senior Vice President, Chief Financial Officerand Treasurer
IV 

114TH CONGRESS 

2D SESSION H. RES. 815 

Expressing the sense of the House of Representatives that governments should 

assure that all travelers departing for or returning from a destination 

where mosquito transmission of the Zika Virus is occurring will be 

informed of symptoms of the Zika Virus, the measures that should 

be taken to protect against mosquito bites, and inform women who 

are pregnant or may become pregnant to seek the advice of their physician prior to travel. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 8, 2016 

Ms. JACKSON LEE (for herself, Mr. SMITH of Washington, Mr. RUIZ, Mr. 

PETERS, Mrs. NAPOLITANO, Ms. SEWELL of Alabama, Mr. 

BUTTERFIELD, Ms. BROWN of Florida, Ms. PLASKETT, Mr. HASTINGS, 

Mr. GUTIE ́RREZ, Ms. NORTON, Ms. CLARKE of New York, Mr. VEASEY, 

Mr. CUELLAR, Mr. MEEKS, Mr. AL GREEN of Texas, and Mr. JEFFRIES) 

submitted the following resolution; which was referred to the Committee 

on Foreign Affairs 

RESOLUTION 

Expressing the sense of the House of Representatives that 

governments should assure that all travelers departing 

for or returning from a destination where mosquito 

transmission of the Zika Virus is occurring will be informed of symptoms of the Zika Virus, the measures 

that should be taken to protect against mosquito bites, 

and inform women who are pregnant or may become 

pregnant to seek the advice of their physician prior to 

travel. 


sradovich on DSK3GDR082PROD with BILLS
2 

•HRES 815 IH 

1 Resolved, That it is the sense of the House of Rep2 resentatives that governments, including the Government 

3 of Brazil, should— 

4 (1) assure that travelers are informed regarding 

5 the presence of mosquito transmission of the Zika 

6 Virus; 

7 (2) assure that athletes traveling to the 2016 

8 Olympics in Brazil are informed regarding the pres9 ence of the Zika Virus and that Brazil has taken ap10 propriate protective measures to keep athletes free 

11 of the disease; 

12 (3) urge travelers to take the appropriate steps 

13 to reduce the chances of contracting the illness; and 

14 (4) urge travelers returning from an area where 

15 mosquito transmission is known to be actively occur16 ring to take precautions to protect others from pos17 sible exposure to the illness and to seek medical ad18 vice should symptoms of the disease occur. 

Æ 


sradovich on DSK3GDR082PROD with BILLS
December 2021 

There were 8 surveillance inspections conducted at 8 different sites for a total of 80 

fish sampled this month. Samples are targeted to moribund and fresh mortalities 

when possible. The water temperatures continued to decrease in response to the

colder air temperatures. All sites with fish in the water remained Category 1 and were 

scheduled for monthly sampling. Routine harvest continued. No cages were 

confirmed positive this month.

Date Number of 

Samples

Confirmed Positive Cages Cumulative 

Program Samples

January 2021 45 0 23506

February 2021 45 0 23551

March 2021 46 0 23597

April 2021 50 0 23647

May 2021 90 0 23737

June 2021 120 0 23857

July 2021 110 0 23967

August 2021 122 0 24089

September 2021 99 0 24188

October 2021 84 0 24272

November 2021 89 0 24361

December 2021 80 0 24441
6/12/2014 Coal Plant Retirements - Duke Energy2013 SustainabilityReport

http://sustainabilityreport.duke-energy.com/environmental-footprint/coal-plant-retirements/ 1/2

2013 Sustainability Report

Coal Plant Retirements
6/12/2014 Coal Plant Retirements - Duke Energy2013 SustainabilityReport

http://sustainabilityreport.duke-energy.com/environmental-footprint/coal-plant-retirements/ 2/2
September 23, 2004

25498

#### Doe, In re

Affirmed
<TABLE> <S> <C>


<ARTICLE>                     5

<CIK>                         0000854941
<NAME>                        Elegant Illusions
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   DEC-31-1997
<EXCHANGE-RATE>                                1.000
<CASH>                                         1,321,448
<SECURITIES>                                   0
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<PP&E>                                         2,146,379
<DEPRECIATION>                                 930,026
<TOTAL-ASSETS>                                 5,583,301
<CURRENT-LIABILITIES>                          113,751
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<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       17,434
<OTHER-SE>                                     5,324,245
<TOTAL-LIABILITY-AND-EQUITY>                   5,583,301
<SALES>                                        8,385,707
<TOTAL-REVENUES>                               8,385,707
<CGS>                                          2,452,396
<TOTAL-COSTS>                                  2,452,396
<OTHER-EXPENSES>                               4,988,907
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                944,404
<INCOME-TAX>                                   359,000
<INCOME-CONTINUING>                            585,404
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   585,404
<EPS-PRIMARY>                                  0.03
<EPS-DILUTED>                                  0.03
        


</TABLE>
# C_2019025EN.01005501.xml

| 21.1.2019 | EN | Official Journal of the European Union | C 25/55 |
| --- | --- | --- | --- |

21.1.2019

EN

Official Journal of the European Union

C 25/55

---

Action brought on 16 November 2018 — "Korporaciya ‘Masternet’ v EUIPO — Stayer Ibérica (STAYER)

(Case T-681/18)

(2019/C 25/71)

Language of the case: English

Parties

Applicant: ZAO "Korporaciya ‘Masternet’ (Moscow, Russia) (represented by: N. Bürglen, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Stayer Ibérica, SA (Pinto, Spain)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union figurative mark STAYER — European Union trade mark No 4 675 881

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 7 September 2018 in Case R 1940/2017-5

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order EUIPO to pay the costs. |
| --- | --- |

—

order EUIPO to pay the costs.

Plea in law

| — | Infringement of Article 18 Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 18 Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          FEB-03-2001
<PERIOD-START>                             JAN-30-2000
<PERIOD-END>                               APR-29-2000
<CASH>                                       2,908,364
<SECURITIES>                                         0
<RECEIVABLES>                                  498,380
<ALLOWANCES>                                   (24,802)
<INVENTORY>                                 73,079,723
<CURRENT-ASSETS>                            87,300,785
<PP&E>                                      44,083,545
<DEPRECIATION>                             (21,426,564)
<TOTAL-ASSETS>                             136,216,942
<CURRENT-LIABILITIES>                       77,880,517
<BONDS>                                     54,559,737
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        95,516
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<TOTAL-LIABILITY-AND-EQUITY>               136,216,942
<SALES>                                     39,614,744
<TOTAL-REVENUES>                                     0
<CGS>                                       23,192,053
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           4,002,099
<INCOME-PRETAX>                             (6,622,939)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         (6,622,939)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (6,622,939)
<EPS-BASIC>                                       (.78)
<EPS-DILUTED>                                     (.78)


</TABLE>
CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference of our report dated March 4,
1996  included  in this Form  10-K/A  of Fonix  Corporation  for the year  ended
December 31, 1998 (relating to the financial statements of Fonix Corporation for
the period from the date of inception  on October 1, 1993  through  December 31,
1995 (which  financial  statements are not separately  presented in the Form 10-
K),  into the  Company's  previously  filed  Registration  Statements  File Nos.
333-31425,  333-40603  and  333-50265  on  Form  S-3 and  333-11549,  333-25925,
333-37137 and 333-74769 on Form S-8.



/s/ Pritchett, Siler & Hardy, P.C.

PRITCHETT, SILER & HARDY, P.C.
Salt Lake City, Utah
August 11, 1999
<PAGE>

                                                                    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

I, Edward J. Puisis, Vice President and Chief Financial Officer of Dayton
Superior Corporation (the "Company"), do hereby certify in accordance with 18
U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, to my knowledge:

       The Annual Report on Form 10-K/A of the Company for the period ending
       December 31, 2002 (the "Periodic Report") fully complies with the
       requirements of section 13(a) or 15(d) of the Securities Exchange Act of
       1934 (15 U.S.C. 78m or 78o(d)) and

       The information contained in the Periodic Report fairly presents, in all
       material respects, the financial condition and results of operations of
       the Company.

Dated: December 12, 2003

                                /s/ Edward J. Puisis
                                -----------------------
                                Edward J. Puisis
                                Vice President and Chief Financial Officer

                                       88
22390

#### Cardin v. Tiogangco

Affirmed
19681

#### State v. Perez

Affirmed