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

No. 18
- 6863

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. JERMAINE LATIMER MCKIVER , Defendant

- Appellant

.

Appeal from the United States District Court for the Middle District of North Carolina , at Greensboro

. William L. Osteen, Jr. , District Judge. ( 1:12

- cr - 00071

- WO

- 1 )

Submitted : November 30, 2018 Decided: January 3, 2019

Before KEENAN and RICHARDSON , Circuit Judges , and SHEDD, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

.

Jermaine Latimer McKiver , Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Jermaine Latimer Mc Kiver seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying McKiver’s Fed. R. Civ. P. 60(b) motion for reconsideration of the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012) ; Reid v. Angelone , 369 F.3d 363, 369 (4th Cir. 2004) , abrogated in part by United States v. McRae , 793 F.3d 392, 400 & n.7 (4th Cir. 2015) . 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
stan dard 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, 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 motion states a debatable claim of the denial of a constitutio nal right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that McKiver has not made the requisite showing. Accordingly, we deny a certificate of appealability 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
EXHIBIT 21

P & F INDUSTRIES, INC.

SUBSIDIARIES OF THE REGISTRANT

Countrywide Hardware, Inc., a Delaware Corporation

d/b/a    Nationwide
Industries, Inc.
            Franklin Manufacturing

Embassy Industries, Inc., a New York Corporation

d/b/a    Embassy
Industries, Inc.

Florida Pneumatic Manufacturing Corporation, a Florida Corporation

d/b/a    Florida
Pneumatic Manufacturing Corporation
            Universal Tool
            Pipemaster
            Berkley Tool

Green Manufacturing, Inc. a Delaware Corporation

d/b/a    Green
Manufacturing, Inc.

---

QuickLinks
Ex-10.58



 





Exhibit 10.58




Third Extension Agreement




     This Third Extension Agreement is dated September 23, 2004 between
Tollgrade Communications, Inc., having an address at 493 Nixon Road, Cheswick,
PA 15024 (“Tollgrade”) and Dictaphone Corporation, acting through its
Electronic Manufacturing Services Division, with an address at 3900 W. Sarno
Rd., Melbourne, FL 32934 (“Dictaphone”).



     WHEREAS, Tollgrade (as successor in interest to Acterna Corporation) and
Dictaphone are parties to a Supply Agreement dated July 25, 2002, which sets
forth the terms pursuant to which Dictaphone manufactures and supplies to
Tollgrade, and Tollgrade purchases from Dictaphone, certain products (the
“Supply Agreement”);



     WHEREAS, the Supply Agreement was scheduled to expire on July 24, 2004,
and pursuant to the Extension Agreement dated July 21, 2004, and Second
Extension Agreement dated August 16, 2004, the parties have extended the term
of the Agreement through September 30, 2004;



     WHEREAS, Tollgrade and Dictaphone desire to replace the Supply Agreement
with a new supply agreement, but have not yet completed negotiations with
respect to such new supply agreement; and



     WHEREAS, Tollgrade and Dictaphone desire to further extend the term of the
Supply Agreement through December 31, 2004 or until a new supply agreement is
executed, if sooner;



     NOW THEREFORE, in consideration of the premises contained herein and for
other good and valuable consideration, the parties agree as follows:



     1. Extension of Supply Agreement. The parties hereby agree that the
Supply Agreement is hereby extended through December 31, 2004 or until such
time as the parties execute a new supply agreement, if sooner.



     2. Miscellaneous. Except as extended hereby, the provisions of the
Supply Agreement shall remain in full force and effect. This Third Extension
Agreement will be governed in all respects by the laws of the Commonwealth of
Pennsylvania without reference to any choice of law provisions. This Third
Extension Agreement may be executed in any number of counterparts and by the
different parties hereto on separate counterparts, each of which, when so
executed, shall be deemed an original, but all such counterparts shall
constitute but one and the same instrument.



     IN WITNESS WHEREOF, the parties have hereunto set their hands the date
first above written.



	 	 	 	 	 	 	 	 	 	 	 
	TOLLGRADE COMMUNICATIONS, INC.	 	DICTAPHONE CORPORATION
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ Jennifer M. Reinke
	 	By:
	 	/s/ James Davis	 	 	 	 
	

	 	

	 	 	 	
	 	 	 	 
	Name:

	 	Jennifer M. Reinke
	 	Name:
	 	James Davis	 	 	 	 
	Title:

	 	Assistant Secretary
	 	Title:
	 	Sr. VP, Oper.
SERVED : FEBRUARY2 8 201 2 

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## HEARIN GNOTIC E NOTIC EI S HEREB Y GIVEN tha t testimon y andevidenc e will b e heardan dconsidere d o n Jun e 4 , 2012 , inclusive , i n th e U.S . Departmen t

of Labo r Courtroom , Suit e 5150 , th e Glen n M . Anderso n Federa l Building , 50 1 Wes t Ocea n Boulevard , Lon g Beach , CA . 90802 . Hearing s will commenc e a t 9:0 0 a.m . andconclud e a t 4:3 0 p.m . eac hday . Settle dcase s wil l no t

b e remove dfro mth e docke t unti l th e Judg e receive s th e prope r pleading(s) . Pleading s may b e forwarde db y fax , expres s mail , courie r o r posta l service .

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o f Transportatio n 120 0 Ne w Jerse y Avenue , S.E . Washington , D C 2059 0 TEL : 202-366-213 9 Anorney-Adviso r 202-366-512 1 Lega l Assistan t FAX : 202-366-753 6

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use th e followin g address : Federa l Aviaiio n Adminislralion , 60

0 Independence Avenue . S.W. , Wilbu r Wrigh t Building—Suit

e 2W1000 , Washington , D

C 20591 ; Attention : Hearin g Decke l Clerk, AGC-430 . - 1 -
I 

114TH CONGRESS 

1ST SESSION H. R. 2848 

To amend the Immigration and Nationality Act to penalize aliens who 

overstay their visas, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2015 

Mr. BARLETTA introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to penalize 

aliens who overstay their visas, 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 ‘‘Visa Overstay Enforce5 ment Act of 2015’’. 

6 SEC. 2. VISA OVERSTAYS CRIMINALIZED. 

7 (a) IN GENERAL.—The Immigration and Nationality 

8 Act is amended by inserting after section 274D the fol9 lowing: 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 2848 IH

1 ‘‘SEC. 274E. VISA OVERSTAYS. 

2 ‘‘(a) IN GENERAL.—Except as provided in subsection 

3 (b), any alien who remains in the United States for any 

4 period of time after the date on which any visa or status 

5 under which the alien is lawfully present has expired 

6 shall— 

7 ‘‘(1) for the first commission of any such of8 fense, be fined under title 18, United States Code, 

9 or imprisoned no more than 6 months, or both; and 

10 ‘‘(2) for a subsequent commission of any such 

11 offense, be fined under title 18, United States Code, 

12 or imprisoned not more than 2 years, or both. 

13 ‘‘(b) EXCEPTION.—If the Secretary of Homeland Se14 curity determines on an individual case-by-case basis that, 

15 because of reasons of a medical necessity, public safety, 

16 or national security, the alien violated subsection (a), the 

17 alien shall not be subject to the penalties under subsection 

18 (a). 

19 ‘‘(c) LIMITATION ON REENTRY.— 

20 ‘‘(1) FIRST OFFENDERS.—Any alien convicted 

21 of a violation of subsection (a)(1)— 

22 ‘‘(A) may not be admitted to the United 

23 States for a period of 5 years, beginning on the 

24 date of the conviction; and 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 2848 IH

1 ‘‘(B) may not be granted a visa for a pe2 riod of 10 years, beginning on the date of the 

3 conviction. 

4 ‘‘(2) SUBSEQUENT OFFENSES.—Any alien con5 victed of a violation of subsection (a)(2)— 

6 ‘‘(A) may not be admitted to the United 

7 States; and 

8 ‘‘(B) may not be granted a visa. 

9 ‘‘(d) DISCLOSURE OF PENALTIES.—In the case of 

10 any application or petition by or on behalf of an alien for 

11 admission to the United States, the Secretary of State or 

12 the Secretary of Homeland Security shall provide the alien 

13 with notice of the penalties under this section and section 

14 275 on receipt of the application or petition, and again 

15 at the time of admission.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 of the Immigration and Nationality Act is amended by in18 serting after the item relating to section 274D the fol19 lowing: 

‘‘274E. Visa overstays.’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
SANTA BARBARA COUNTY 

AIR POLLUTION CONTROL DISTRICT 

NOTICE OF BOARD HEARING 

Proposed Amended Rule 339 

Motor Vehicle and Mobile Equipment Coating Operations 

Thursday, June 19, 2008 – Approximately 1:30 p.m. 

Santa Barbara Board of Supervisors’ Hearing Room 

105 East Anapamu Street, Santa Barbara, CA 

The Santa Barbara County Air Pollution Control District (APCD) Board of 

Directors will hold a public hearing at the time and location listed above to

accept comments and consider adoption of amended Rule 339. 

Sources Potentially Affected 

This amended rule affects any person who sells, specifies the use of, offers 

for sale or applies coatings for the purpose of finishing or refinishing motor 

vehicles, mobile equipment and their exterior parts and components. 

About the Proposed Amended Rule 

Rule 339 will be amended to adopt the provisions of the California Air 

Resources Board’s (CARB’s) Suggested Control Measure for Automotive 

Refinish Coatings. The amended rule will include new control techniques to 

reduce solvent emissions. The most significant components of this rule 

revision involve: separate volatile organic compound (VOC) limits for clear 

and color coatings (color coat VOC limit of 420 grams per liter); simplified 

and combined coating categories, and a 25 gram per liter VOC limit for most 

cleaning solvents. Most elements of the amended rule will take effect on 

January 1, 2009. For more information regarding this rule revision and 

suggested control measure please see the APCD website (www.sbcapcd.org) 

and the CARB website (www.arb.ca.gov/coatings/autorefin/scm/scm.htm). 

The 2001, 2004 and 2007 Clean Air Plans identified the need to incorporate 

the Suggested Control Measures for Automotive Refinish Coatings recently 

adopted by the state (CARB). 

The APCD has determined that the proposed revisions to this rule will not 

cause new significant effects which were not addressed in the 1991 Air 

Quality Attainment Plan Environmental Impact Report and the 2007 Clean 

Air Plan Supplemental Environmental Impact Report. Any subsequent 

changes to the project description will require additional environmental 

review. 

Copies of the proposed rules may be reviewed on the APCD’s web site, 

www.sbcapcd.org/notices.htm, or at the following locations: 

APCD APCD 

260 N. San Antonio Rd, 301 E. Cook Street, 

Suite A Suite L 

Santa Barbara, CA 93110 Santa Maria, CA 93454 

(805) 961-8800 (805) 961-8800 

 

Copies may also be obtained by contacting Liz Zavala at 805.961.8811. 

Please send written comments to Rebecca Armstrong (805.961.8888) via 

email to ArmstrongR@sbcapcd.org, or via regular mail to the APCD at the 

Santa Barbara address listed above. 

 Published Sunday, May 18, 2008
# C_2022210EN.01003601.xml

| 25.5.2022 | EN | Official Journal of the European Union | C 210/36 |
| --- | --- | --- | --- |

25.5.2022

EN

Official Journal of the European Union

C 210/36

---

Prior notification of a concentration

(Case M.10709 – PARTNERS GROUP / FORTERRO)

(Text with EEA relevance)

(2022/C 210/16)

1.

This notification concerns the following undertakings:

| — | Partners Group AG (‘Partners Group’, Switzerland) |
| --- | --- |

—

Partners Group AG (‘Partners Group’, Switzerland)

| — | Jeeves Information Systems AB (‘Forterro’, Sweden) |
| --- | --- |

—

Jeeves Information Systems AB (‘Forterro’, Sweden)

Partners Group will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Forterro.

The concentration is accomplished by way of purchase of shares.

2.

| — | for Partners Group: providing international institutional investors seeking direct access to private market assets with a wide range of investment funds and portfolios tailored to the investors’ needs, |
| --- | --- |

—

for Partners Group: providing international institutional investors seeking direct access to private market assets with a wide range of investment funds and portfolios tailored to the investors’ needs,

| — | For Forterro: provision of business software and IT solutions, focusing on the supply of enterprise resource planning software solutions to mid-market manufacturing and production companies. |
| --- | --- |

—

For Forterro: provision of business software and IT solutions, focusing on the supply of enterprise resource planning software solutions to mid-market manufacturing and production companies.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10709 – PARTNERS GROUP / FORTERRO

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

| European Commission |
| --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

1

---
# C_2022145EN.01000101.xml

| 1.4.2022 | EN | Official Journal of the European Union | C 145/1 |
| --- | --- | --- | --- |

1.4.2022

EN

Official Journal of the European Union

C 145/1

---

Non-opposition to a notified concentration

(Case M.10613 – PORSCHE AUSTRIA / WOLFGANG DENZEL AUTO / SAUBERMACHER DIENSTLEISTUNG / JV)

(Text with EEA relevance)

(2022/C 145/01)

On 21 March 2022, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). 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:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/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 (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10613. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10613. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Notices]
[Page 76883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21391]


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

POSTAL SERVICE


Product Change--Priority Mail Express, Priority Mail, and USPS 
Ground Advantage[supreg] Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: September 19, 2024.

FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
September 13, 2024, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 339 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2024-683, CP2024-692.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-21391 Filed 9-18-24; 8:45 am]
BILLING CODE 7710-12-P
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

RUBIN YOUNG

, Appellant,

v.

DR. BRENDA C. SNIPES, BROWARD COUNTY SUPERVISOR OF

ELECTION'S CANVASSING BOARD, and MARK BOGEN, candidate,

Appellee s

.

No. 4D 18

- 2221

[ February 14, 2019 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit,

Broward County ; Raag Singhal , Judge; L.T. Case No. CACE 140 23676 (21)

.

Rubin Young, Coral Springs, pro se.

No appearance for appellees.

P ER C URIAM

.

Affirmed.

W ARNER

, D AMOORGIAN and L EVINE , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
<TABLE> <S> <C>

<ARTICLE>                     9
<CIK>                         0001013554
<NAME>                        PARK BANCORP, INC.
<MULTIPLIER>                  1,000
       
<S>                                     <C>
<PERIOD-TYPE>                           9-MOS
<FISCAL-YEAR-END>                       DEC-31-1998
<PERIOD-START>                          JAN-01-1998
<PERIOD-END>                            SEP-30-1998
<CASH>                                  1,005
<INT-BEARING-DEPOSITS>                  5,108
<FED-FUNDS-SOLD>                            0
<TRADING-ASSETS>                            0
<INVESTMENTS-HELD-FOR-SALE>                 0
<INVESTMENTS-CARRYING>                  109,101
<INVESTMENTS-MARKET>                    109,101
<LOANS>                                  75,247
<ALLOWANCE>                                 500
<TOTAL-ASSETS>                          198,307
<DEPOSITS>                              142,188
<SHORT-TERM>                             15,981
<LIABILITIES-OTHER>                       2,870
<LONG-TERM>                                   0
<PREFERRED-MANDATORY>                         0
<PREFERRED>                                   0
<COMMON>                                     27
<OTHER-SE>                               37,241
<TOTAL-LIABILITIES-AND-EQUITY>          198,307
<INTEREST-LOAN>                           4,621
<INTEREST-INVEST>                         5,814
<INTEREST-OTHER>                              0
<INTEREST-TOTAL>                         10,435
<INTEREST-DEPOSIT>                        5,109
<INTEREST-EXPENSE>                        5,463
<INTEREST-INCOME-NET>                     4,972
<LOAN-LOSSES>                                 0
<SECURITIES-GAINS>                            4
<EXPENSE-OTHER>                           3,304
<INCOME-PRETAX>                           2,537
<INCOME-PRE-EXTRAORDINARY>                2,537
<EXTRAORDINARY>                               0
<CHANGES>                                     0
<NET-INCOME>                              1,658
<EPS-PRIMARY>                               .78
<EPS-DILUTED>                               .77
<YIELD-ACTUAL>                             7.26
<LOANS-NON>                                 217
<LOANS-PAST>                                217
<LOANS-TROUBLED>                              0
<LOANS-PROBLEM>                               0
<ALLOWANCE-OPEN>                            500
<CHARGE-OFFS>                                 0
<RECOVERIES>                                  0
<ALLOWANCE-CLOSE>                           500
<ALLOWANCE-DOMESTIC>                          0
<ALLOWANCE-FOREIGN>                           0
<ALLOWANCE-UNALLOCATED>                     500
        

</TABLE>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1018 CEDRIC R. PERRY, doing business as Perry, Anthony & Sosna, Plaintiff - Appellant, versus INTERNAL REVENUE SERVICE; DEPARTMENT OF THE UNITED STATES TREASURY, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:05-cv-00843-D) Submitted: June 13, 2007 Decided: July 26, 2007 Before WILLIAMS, Chief Judge, and MICHAEL and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Cedric R. Perry, Appellant Pro Se. Richard L. Parker, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Cedric R. Perry, d/b/a Perry, Anthony & Sosna, appeals the district court’s order dismissing his complaint without prejudice for failure to properly serve the defendant government agencies as required by Fed. R. Civ. P. 4(i). We have reviewed the briefs and the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Perry v. IRS , No. 5:05-cv-00843-D ( E.D.N.C. Oct. 31, 2006). 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