alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Christopher M. Wolpert

Clerk of Court UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

OFFICE OF THE CLERK

Byron White United States Courthouse

1823 Stout Street
Denver, Colorado 80257
(303) 844

- 3157

September 01, 2020 Jane K. Castro Chief Deputy Clerk

Mr. James Lee Hankins

Hankins Law Office

929 Northwest 164th Street Edmond, OK 73013

Mr. Grant R Smith

Office of the Federal Public Defender Districts of Colorado and Wyoming 633 17th Street, Suite 1000
Denver, CO 80202

RE: 19

- 2 028, 19

- 2029, United States v. Channon (Brandi) Dist/Ag docket: 1:13

- CR

- 00966

- JCH

- KK

- 2

Dear Counsel:

Enclosed is a copy of the opinion of the court issued today in this matter. The court has entered judgment on the docket pursuant to Fed. R. App. P. Rule 36.

Pursuant to Fed. R. App. P. 40(a)(1), any petition for rehearing must be filed within 14 days after entry of judgment. Please note, however, that if the appeal is a civil case in which the United States or its officer or agency is a party, any pet ition for rehearing must be filed within 45 days after entry of judgment. Parties should consult both the Federal Rules and local rules of this court with regard to applicable standards and requirements. In particular, petitions for rehearing may not excee d 3900 words or 15 pages in length, and no answer is permitted unless the court enters an order requiring a response. If requesting rehearing en banc, the requesting party must file 6 paper copies with the clerk, in addition to satisfying all Electronic Ca se Filing requirements. See Fed. R. App. P. Rules 35 and 40, and 10th Cir. R. 35 and 40 for further information governing petitions for rehearing.

Please contact this office if you have questions. Appellate Case: 19-2029 Document: 010110399880 Date Filed: 09/01/2020 Page: 12 Sincerely,

Christopher M. Wolpert

Clerk of the Court

cc: Holland Sergent Kastrin Stephen R. Kotz Paige Messec Margaret M. Vierbuchen

CMW/lg Appellate Case: 19-2029 Document: 010110399880 Date Filed: 09/01/2020 Page: 2
SCWC-15-0000478

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

________________________________________________________________

PROTECT AND PRESERVE KAHOMA AHUPUA‘A ASSOCIATION,

an unincorporated association,

MICHELE LINCOLN, MARK ALLEN, LINDA ALLEN, 

and CONSTANCE B. SUTHERLAND, 

Respondents/Plaintiffs-Appellants,

vs.

MAUI PLANNING COMMISSION, COUNTY OF MAUI, and

STANFORD CARR DEVELOPMENT, LLC,

a domestic limited liability company,

Petitioners/Defendants-Appellees/Appellees.

________________________________________________________________

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-15-0000478; CIVIL NO. 14-1-0616(1))

ORDER OF CORRECTION

(By: McKenna, J.)

IT IS HEREBY ORDERED that the Opinion of the Court, filed 

June 16, 2021, is corrected as follows:

An indentation is added to the paragraph on page 27 

beginning with the sentence, “However, even if Resolution 14-14 had 

included HRS § 205A-26(2) among its listed exemptions, the Council 

would not have been able to exempt the Project from HRS § 205A26(2)’s requirements.”

Electronically Filed

Supreme Court

SCWC-15-0000478

17-JUN-2021

10:05 AM

Dkt. 38 OCOR
2

On page 29, the attorney credits are amended to read: 

Lance D. Collins

for PPKAA

Jennifer A. Lim

(Arsima A. Muller and

Craig G. Nakamura 

with her on the briefs)

for Carr

Thomas W. Kolbe

(Moana M. Lutey and

Caleb P. Rowe

with him on the briefs)

for the Commission

The Clerk of the Court is directed to take all necessary 

steps to notify the publishing agencies of these

changes. 

DATED: Honolulu, Hawaiʻi, June 17, 2021. 

/s/ Sabrina S. McKenna 

Associate Justice
#### Ex parte EPPERSON.

No. 24782.

Court of Criminal Appeals of Texas.

March 15, 1950.

• George P. Blackburn, State’s Atty., of Austin, for the State.

HAWKINS, Presiding Judge.

Relator presents to the Court of Criminal Appeals an application for a writ of habeas corpus. The clerk of said court was directed to file said application and submit same in order that the Court might determine whether the writ should issue.

Relator alleges that he is being illegally restrained of his liberty by the Warden of the State Prison System as the result of convictions in two cases of forgery in Ector County, Texas, being on the docket in said trial court numbers 940 and 941. Said convictions occurred in April, 1947, from which there was no appeal. Some two years later application was made to this court for a writ of habeas corpus based solely upon the ground that relator had no attorney, and that the trial judge had refused to appoint an attorney to represent him. The writ was refused. See Ex parte Epperson, Tex.Cr.App., 223 S.W.2d 790.

We call attention to the following articles of our Code of Criminal Procedure. Article 171 reads: “A party may obtain the writ of habeas corpus a second time by stating in application therefor that since the hearing of his first application important testimony has been obtained which it was not in his power to produce at the former hearing. He shall also set forth the testimony so newly discovered; and, if it be that of a witness, the affidavit of the witness shall also accompany such application.”

Article 860 reads: “The judgment of the Court of Criminal Appeals in appeals under habeas corpus shall be final and conclusive; and no further application in the same case can be made for the writ, except in cases specially provided for by law.”

In the present application for a second writ of habeas corpus no pretense is made to comply with the statutes quoted, and the writ might well be refused on said ground, but after a careful examination of relator’s petition it appears entirely without merit on another ground. It is based upon the complaint that the “sentences” in the two cases mentioned are uncertain and indefinite as to the penalty assessed in that it is recited in the “sentence” in each case that relator be imprisoned in the penitentiary for not less than two nor more than four years. *824There is no merit in a complaint that the sentence recites a minimum and a maximum term of imprisonment. In no other way could effect be given to the “Indeterminate Sentence Law” which requires that the sentence recite the minimum fixed by statute and the maximum as fixed by the jury or court. See art. 775, Vernon’s Ann.C.C.P., as amended by 42nd Legislature, p. 349.

It appearing from the face of relator’s petition that same is without merit, the writ of habeas corpus is refused.
```

[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Notices]
[Pages 54773-54774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21813]

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

DEPARTMENT OF STATE

[Public Notice: 8866]

Culturally Significant Objects Imported for Exhibition 
Determinations: ``Dangerous Perfection: Funerary Vases From Southern 
Italy'' Exhibition

Summary: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 
of August 28, 2000 (and, as appropriate, Delegation of Authority No. 
257 of April 15, 2003), I hereby determine that the objects to be 
included in the exhibition ``Dangerous Perfection: Funerary Vases from 
Southern Italy,'' imported from abroad for temporary exhibition within 
the United States, are of cultural significance. The objects are 
imported pursuant to a loan agreement with the foreign owner or 
custodian. I also determine that the exhibition or display of the 
exhibit objects at The J. Paul Getty Museum, Los Angeles, CA, from on 
or about November 19, 2014, until on or about May 11, 2015, and at 
possible additional exhibitions or venues yet to be determined, is in 
the national interest. I have ordered that Public Notice of these 
Determinations be published in the Federal Register.

[[Page 54774]]

For Further Information Contact: For further information, including 
lists of the exhibit objects, contact Julie Simpson, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6467). The mailing address is U.S. Department of State, SA-5, L/PD, 
Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

    Dated: September 5, 2014.
Kelly Keiderling,
Principal Deputy Assistant Secretary, Bureau of Educational and 
Cultural Affairs, Department of State.
[FR Doc. 2014-21813 Filed 9-11-14; 8:45 am]
BILLING CODE 4710-05-P
```
[Federal Register Volume 65, Number 213 (Thursday, November 2, 2000)]
[Notices]
[Page 65866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28100]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institutes of Child Health and Human Development; Notice 
of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human 
Development Special Emphasis Panel.
    Date: November 28, 2000.
    Time: 11 am to 2 pm.
    Agenda: To review and evaluate grant applications.
    Place: 6100 Executive Blvd. 5th Floor, Rockville, MD 20852 
(Telephone Conference Call).
    Contact Person: Robert H. Stretch, PhD, Scientific Review 
Administrator, Division of Scientific Review, National Institute of 
Child Health and Human Development, NIH, 6100 Executive Blvd., Room 
5E01, MSC 7510, Bethesda, MD 20892, (301) 435-6912.

(Catalogue of Federal Domestic Assistance Program Nos. 93.209, 
Contraception and Infertility Loan Repayment Program; 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research, National 
Institutes of Health, HHS)


    Dated: October 25, 2000.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 00-28100 Filed 11-1-00; 8:45 am]
BILLING CODE 4140-01-M
# ia-i5-ooaas-e>) RLEDINCOURTOFAPPEALS 12thCourtofAppealsDistrict

CAUSr NO.
JUAN ENRIQUSZ, § Plaintiff, * 

### 1
v. 

## i BRAD LIVINGSTON, ET AL., i Defendants. $ 369-13*5019 IB THE DISTRICT 

# !!^»x TYLER TEXAS 

### coflflflESTES,CLERK

369TH JUDICIAL DISTRICT
ANDFSSOtf COUNTY, tKtM UNSWORN nFCLARSTTOM Of INABILITY TO PAY 

### Myname is .Ttian r:mHoik>2. T do not have the monety to oay the filing and court costs of this case as I am imprisoned and the State does not 

### payprisoners wages. I m**:e this unsworn declaration mftwf Section T32.002, I am the Plaintiff in the above rofsrenced cause. T am over 2ly»ar3 of age, of sound mind, and able to make this unsworn declaration, My statements in this unsworn declaration are made on personal knowledge. 

### It I M not receiving any governmental entitlement funds. 2. I do nothave anyemployment or other income. 3. I do not have access to spousal income as I am single. 4. I do not have any property. 5. I have a zero balance in my prison account. 6. I have expenses of approximately 5100 a month to pay things the prison does not provide. I, Juan^rig«e2, declare under penalty of perjury that the foregoing statements in my unsworn declaration are true and correct. Executed on August 31,2015.
/, t— *-
- 

### Juan Pnrtqm*

< -

• Certificate of Service I, Juan Enriguez, certify that a correct copy of the aboveuunsworn declaration of inability to pay was served by placing same in theUnitec' States mail, postage prepaid, on August 31,2015, addressed to Rachael Osaze-Edi»e, Assistant Attorney General, P. 0. Box 1254ft, Capitol StftpApa, 

### Austin, TX 78711, and to Cledfc, Court ofAppeals, 12th District of Texas, 1517 W. Front Street, Tyler, TX 75702.
Juan Fnriquez 

# e <-:-
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.
 Federal Maritime Commission
 Notice is given of the termination of all certificates issued by the Federal Maritime Commission to Premier Operations Ltd. (d/b/a Premier Cruises and Premier Cruise Lines) (“Premier”) pursuant to sections 2 and 3 of Public Law 89-777, 46 U.S.C. app. Sections 817d and e. Premier has ceased operations, and bankruptcy proceedings have been initiated in the Supreme Court of Bermuda to liquidate Premier. In addition, the Commission has been notified of the termination of coverage provided to Premier under various financial instruments. That coverage, in the form of a surety bond for performance and guaranties for casualty, provided the necessary evidence of financial responsibility for issuing Commission certificates to Premier. Accordingly, all casualty and performance certificates as specified below have, or soon will, become null and void. Premier currently holds Certificates (Casualty) and Certificates (Performance) for vessels as identified below. Vessel
Casualty certificate No.
Performance 
                             certificate No.THE BIG RED BOAT II (ex EDINBURGH CASTLE)
C-1603
P-670THE BIG RED BOAT III (ex ISLANDBREEZE)
C-1597
P-691OCEANBREEZE
C-1533
N/AOCEANIC (THE BIG RED BOAT)
C-1550
P-673REMBRANDT
C-1551
P-674SEABREEZE I
C-1552
P-675
 Guarantors who provided evidence of financial responsibility supporting the above listed casualty certificates notified the Commission on September 14, 2000, and September 18, 2000, that the guaranties would be terminated on October 14, 2000, and October 18, 2000, 
                    ( print page 65317)
                    respectively. Accordingly, pursuant to 46 CFR 540.26(a), the above identified casualty certificates have become null and void. All of the performance certificates are supported by a surety bond issued by Greenwich Insurance Company and NAC Reinsurance Corporation in the amount of $15 million. On September 26, 2000, the surety notified the Commission of the cancellation of the surety bond effective October 26, 2000. Since Premier has ceased operations and is in the process of being liquidated, the above identified performance certificates shall become null and void effective October 26, 2000, pursuant to 46 CFR 540.8(a). This notice is issued under the authority of 46 CFR 501.27(h)(5). Sandra L. Kusumoto, Director, Bureau of Consumer Complaints and Licensing.


[FR Doc. 00-28045 Filed 10-31-00; 8:45 am] BILLING CODE 6730-01-P
L AW O FFICES OF

RAYMOND P. FITZPATRICK, JR.

1200 C ORPORATE D RIVE

, S UITE 105

B IRMINGHAM

, A LABAMA 352 42

T ELEPHONE (205) 437

- 8846

July 14 , 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C. 20590

Re: Petition for Amendment To Exemption No. 11545 Issued To

Clean Energy Renewables, LLC Pursuant To Section 333 of

T he FAA Reform Act, Docket No. FAA

- 2015

- 0399

Ladies and Gentlemen:

On May 11, 2015, FAA granted the referenced exemption to conduct aerial data

collection to Clean Energy Renewables, LLC ("CER"). CER respectfully requ ests an

amendment to add an additional UAV system that has previously been approved by FAA.

CER seeks approval to use the DJI S1000

, when weighing less than 55 pounds including

payload. This UAV system was most recently authorized in Exemption No. 11156A (July 8,

2015). It has also been approved in Exemption No. 11538 (May 11, 2015). The S1000 is an

octocopter rotorcraft, VTOL , retractable gear, with a weight (without payload) of 9.26 lb. and a

maximum flight endurance of 15

- 20 minutes. We are informed that it has been approved by

FAA for use a number of times.

An amendment to Exemption No. 11545 to authorize use of the DJI S1000 is respectfully

re quested.

Yours very truly,

/s/ Raymond P. Fitzpatrick, Jr.

Raymond P. Fitzpatrick, Jr.

RPFjr/deb
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1348 

CAF 11-02135 

PRESENT: CENTRA, J.P., FAHEY, SCONIERS, VALENTINO, AND MARTOCHE, JJ. 

 

IN THE MATTER OF CATTARAUGUS COUNTY DEPARTMENT 

OF SOCIAL SERVICES, ON BEHALF OF DAWN M. 

LOVELESS, PETITIONER-RESPONDENT, 

V MEMORANDUM AND ORDER

JEFFERY M. GORE, RESPONDENT-APPELLANT. 

 

EMILY A. VELLA, SPRINGVILLE, FOR RESPONDENT-APPELLANT. 

STEPHEN D. MILLER, OLEAN, FOR PETITIONER-RESPONDENT. 

 

Appeal from an order of the Family Court, Cattaraugus County

(Larry M. Himelein, J.), entered October 14, 2011 in a proceeding

pursuant to Family Court Act article 4. The order, inter alia,

sentenced respondent to four months in jail. 

It is hereby ORDERED that said appeal from the order insofar as

it concerns commitment to jail is unanimously dismissed and the order

is otherwise affirmed without costs. 

Memorandum: Respondent appeals from an order confirming the

determination of the Support Magistrate that respondent had willfully

violated a prior child support order and that directed that he be

incarcerated for a period of four months. We affirm the order with

respect to the willful violation of the support order. “There is a

presumption that a respondent has sufficient means to support his or

her . . . minor children . . . , and the evidence that respondent

failed to pay support as ordered constitutes ‘prima facie evidence of

a willful violation’ ” (Matter of Christine L.M. v Wlodek K., 45 AD3d

1452, quoting Family Ct Act § 454 [3] [a]; see Matter of Jelks v

Wright, 96 AD3d 1488, 1489). Here, petitioner met its burden of

demonstrating that respondent willfully violated the prior order by

submitting evidence that respondent failed to pay support pursuant to

the order, and the burden therefore shifted to respondent to submit

“some competent, credible evidence of his inability to make the

required payments” (Matter of Powers v Powers, 86 NY2d 63, 70; see

Jelks, 96 AD3d at 1489). Respondent failed to meet that burden

inasmuch as he did not present evidence establishing that he made

reasonable efforts to obtain gainful employment to fulfill his support

obligation (see Jelks, 96 AD3d at 1489; Matter of Hunt v Hunt, 30 AD3d

1065, 1065).

Respondent’s contention that a jail term was improperly imposed
-2- 1348 

CAF 11-02135 

is moot inasmuch as the commitment portion of the order has expired by

its own terms (see Matter of Alex A.C. [Maria A.P.], 83 AD3d 1537,

1538; Matter of Lomanto v Schneider, 78 AD3d 1536, 1537). We

therefore dismiss respondent’s appeal from that part of the order (see

Alex A.C., 83 AD3d at 1538). 

Entered: December 28, 2012 Frances E. Cafarell

Clerk of the Court
<PAGE>

                                                                    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 Section 906 of the Sarbanes-Oxley Act of 2002 and in connection
with the Annual Report on Form 10-K of Horizon Medical Products, Inc. (the
"Corporation") for the period ended December 31, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, the President, Chief Operating Officer and Interim Chief Executive
Officer of the Corporation, hereby certifies:

          (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 results of operations of the
     Corporation.

                                                 /s/ ROBERT J. WENZEL
                                          --------------------------------------
                                                     ROBERT J. WENZEL
                                          President, Chief Operating Officer and
                                             Interim Chief Executive Officer

March 30, 2004

     A signed original of this written statement required by Section 906, or
other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Horizon Medical
Products, Inc. and will be retained by Horizon Medical Products, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE>         5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
FRONTIER TELEPHONE OF ROCHESTER, INC.'S FINANCIAL STATEMENTS FOR
THE THREE MONTH PERIOD ENDED MARCH 31, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>        0000936105
<NAME>       FRONTIER TELEPHONE OF ROCHESTER, INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          52,022
<SECURITIES>                                         0
<RECEIVABLES>                                   43,015
<ALLOWANCES>                                     5,493
<INVENTORY>                                        402
<CURRENT-ASSETS>                               125,117
<PP&E>                                       1,026,169
<DEPRECIATION>                                 651,150
<TOTAL-ASSETS>                                 522,817
<CURRENT-LIABILITIES>                           65,465
<BONDS>                                         40,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       232,165
<OTHER-SE>                                     133,641
<TOTAL-LIABILITY-AND-EQUITY>                   522,817
<SALES>                                              0
<TOTAL-REVENUES>                                85,838
<CGS>                                                0
<TOTAL-COSTS>                                   64,423
<OTHER-EXPENSES>                                 (199)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 584
<INCOME-PRETAX>                                 21,800
<INCOME-TAX>                                     7,555
<INCOME-CONTINUING>                             14,245
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    14,245
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        


</TABLE>