alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 05-6942

UNITED STATES OF AMERICA, Plaintiff - Appellee,
versus ALPHONSO DAVIS, Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Richard L. Voorhees, District Judge. (CR-95-59; CA-99-230-3) Submitted: September 29, 2005 Decided: October 11, 2005 Before WILKINSON, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Alphonso Davis, Appellant Pro Se. Amy Elizabeth Ray, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* Because this was not Davis’ first § 2255 motion, the district court was not required to notify Davis prior to construing the motion as a successive § 2255 motion, and we accordingly reject Davis’ challenge to the district court’s action in this regard. SeeUnited States v. Emmanuel , 288 F.3d 644, 650 (4th Cir. 2002). - 2 - PER CURIAM: Alphonso Davis seeks to appeal the district court’s order construing his motion titled “Motion to Reopen Title U.S.C. § 2255" as an unauthorized successive motion under 28 U.S.C. § 2255 (2000), and dismissing it without prejudice for lack of jurisdiction. The district court correctly found that no provision exists that allows for the “reopening” of § 2255 motions that have been addressed on the merits by the district court, and that the district court had no jurisdiction to consider a successive § 2255 motion. * In accordance with United States v. Winestock , 340 F.3d 200, 208 (4th Cir. 2003), we consider Davis’ notice of appeal and informal brief as a motion for authorization under 28 U.S.C. § 2244 (2000) to file a successive § 2255 motion. To obtain permission to bring a second or successive § 2255 motion, a movant must show that his claim: (1) “relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable” or (2) relies on newly discovered facts that tend to establish the movant’s innocence. 28 U.S.C. § 2244 (2000). We conclude that Davis has not satisfied either standard.- 3 - Accordingly, we deny leave to proceed in forma pauperis, deny Davis’ implicit application for leave to file a successive § 2255 motion, deny a certificate of appealability, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
EXHIBIT 32.2

Certification of Chief Financial Officer

Pursuant to 18 U.S.C. § 1350, as created by
Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of SCPIE Holdings Inc. (the Company) hereby certifies, to such officers knowledge, that:

(i) the accompanying Quarterly Report on Form 10-Q of the Company for the quarterly period ended March 31, 2007 (the
Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

(ii) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations
of the Company.



|                   |  |  |  |                                          
|------------------ |  |  |  | -----------------------------------------
|                   |  |  |  |                                          
|                   |  | 
|Dated: May 8, 2007 |  |  |  | /s/ Robert B. Tschudy                    
|                   |  |  |  | Robert B. Tschudy Chief Financial Officer

The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350,
and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any
general incorporation language in such filing.
### Page 1 of 3 **Disposition Comments Docket No:**  

### FAA - 201 4 - 0252 These comments are in **Directorate ID:** 

### 201 3 -NM - 213 - AD response to an SNPRM Originating Office Tracking No.: 

### 12 - AD - 40 **Next Step:** F RAN SNPRM 

### N o C omments/Only

Supportive Comments Received

– If this box is checked, no signatures are required. No 

### Has the reference d service information been revised since the NPRM was issued? I f ye s, list latest revision and attach a cop y. Note that changes beyond the scope of the previously published NPRM will require a new notice. Contact the Directorate focal point for guidance. Instructions: Summarize all comments **by issue** (not by commenter) and provide your recommended resolution of each issue. **All comments relating to the sam e issue should be discussed together.**  Do not list all of the issues from one commenter together. If changes to the AD are required based on the comm ents received, explain why and describe in detail what change(s) you recommend. Reference FAA - IR- M - 8040.1C Chapter 9. **ISSUE 1:** Select one o

f the following : If other, explain : Commenter(s): What change to the AD action is requested? Why is the change requested or how is it justified? Do we agree? If **YES,** we agree because Make the following changes to the AD: If **PARTIALLY AGREE** , we agree with because We disagree with because

Make the following changes to the AD: If **NO** , we don’t agree because **ISSUE 2**  **:** Select one of the following :

If other, explain : Commenter(s): What change to the AD action is requested? Why is the change requested or how is it justified? Do we agree? If **YES,** we agree because Make the following changes to the AD: If **PARTIALLY AGREE** , we agree w ith because We disagree with because Make the following changes to the AD:

### Page 2 of 3

If **NO** , we don’t agree because **For additional issues, do uble**  **- click**  **here**

### Page 3 of 3 **S ignature Section**  Signature indicates concurrence with this action. Originating Office Tracking No.: **ASE** Printed Name **: Date** 

**Branch Man ager**  **Date**
PART II: OTHER INFORMATION
 ITEM 6. EXHIBITS


EXHIBIT-32





CERTIFICATIONS 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 Quarterly Report of First Merchants Corporation (the “Corporation”) on Form 10-Q for the period ending September 30, 2014, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Michael C. Rechin, President and Chief Executive Officer of the Corporation, do hereby certify, in accordance with 18 U.S.C. Section 1350, as adopted pursuant to Section 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 (15 U.S.C. 78m or 78o (d)); and





(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Corporation.





Date:  May 6, 2015 by /s/ Michael C. Rechin


Michael C. Rechin


President and


Chief Executive Officer


(Principal Executive Officer)





A signed copy of this written statement required by Section 906 has been provided to First Merchants Corporation and will be retained by First Merchants Corporation and furnished to the Securities and Exchange Commission or its staff upon request.




















_____________________________________________________




















In connection with the Quarterly Report of First Merchants Corporation (the “Corporation”) on Form 10-Q for the period ending September 30, 2014, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Mark K. Hardwick, Executive Vice President and Chief Financial Officer of the Corporation, do hereby certify, in accordance with 18 U.S.C. Section 1350, as adopted pursuant to Section 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 (15 U.S.C. 78m or 78o (d)); and





(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Corporation.





Date:  May 6, 2015 by /s/ Mark K. Hardwick


Mark K. Hardwick


Executive Vice President and


Chief Financial Officer


(Principal Financial and Accounting Officer)





A signed copy of this written statement required by Section 906 has been provided to First Merchants Corporation and will be retained by First Merchants Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.4



Statement of Chief Financial Officer



Pursuant to 18 U.S.C. Sec 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned Chief Financial Officer of San Diego Gas & Electric Company (the "Company") certifies that:



(i)

the Annual Report on Form 10-K of the Company filed with the Securities and Exchange Commission for the year ended December 31, 2008 (the "Annual Report") fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and



(ii)

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







February 24, 2009



/S/  Robert M. SchlaxRobert M. SchlaxChief Financial Officer
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

SHANE G. SPEROW,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 134 MAL 2017

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 8th day of August, 2017

, the Petition for Allowance of Appeal is

DENIED

.
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<TABLE> <S> <C>

<ARTICLE> UT
                                                      EXHIBIT 27

<LEGEND>
This schedule contains summary financial information extracted from
the Consolidated Balance Sheet as of December 31, 1999, and the
Consolidated Statement of Income for the twelve months ended
December 31, 1999, and is qualified in its entirety by reference
to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      447,101
<OTHER-PROPERTY-AND-INVEST>                    104,809
<TOTAL-CURRENT-ASSETS>                         119,936
<TOTAL-DEFERRED-CHARGES>                         8,942
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                                 680,788
<COMMON>                                       119,250
<CAPITAL-SURPLUS-PAID-IN>                        (301)
<RETAINED-EARNINGS>                            126,744
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 245,693
<PREFERRED-MANDATORY>                           18,000
<PREFERRED>                                     15,500
<LONG-TERM-DEBT-NET>                           176,437
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                    5,948
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 219,210
<TOT-CAPITALIZATION-AND-LIAB>                  680,788
<GROSS-OPERATING-REVENUE>                      464,577
<INCOME-TAX-EXPENSE>                            23,915
<OTHER-OPERATING-EXPENSES>                     397,211
<TOTAL-OPERATING-EXPENSES>                     421,126
<OPERATING-INCOME-LOSS>                         43,451
<OTHER-INCOME-NET>                              16,297
<INCOME-BEFORE-INTEREST-EXPEN>                  59,748
<TOTAL-INTEREST-EXPENSE>                        14,771
<NET-INCOME>                                    44,977
<PREFERRED-STOCK-DIVIDENDS>                      2,228
<EARNINGS-AVAILABLE-FOR-COMM>                   42,749
<COMMON-STOCK-DIVIDENDS>                        23,554
<TOTAL-INTEREST-ON-BONDS>                       14,232
<CASH-FLOW-OPERATIONS>                          78,325
<EPS-BASIC>                                       1.79<F1>
<EPS-DILUTED>                                     1.79<F1>
<FN>
<F1>Per-share data reflects the effects of the two-for-one
    stock split effective March 15, 2000.  Prior Financial
    Data Schedules have not been restated to reflect the
    stock split.
</FN>



</TABLE>
75976 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations 

formats for people with disabilities 

(braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (tty). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. In § 73.622(j), amend the Table of 

TV Allotments, under Missouri, by 

revising the entry for Cape Girardeau to 

read as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

* * * * 

Missouri 

Cape Girardeau .................... 11, 36 

* * * * 

[FR Doc. 2024–21075 Filed 9–16–24; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

Endangered and Threatened Wildlife 

and Plants 

CFR Correction 

This rule is being published by the 

Office of the Federal Register to correct 

an editorial or technical error that 

appeared in the most recent annual 

revision of the Code of Federal 

Regulations. 

In Title 50 of the Code of Federal 

Regulations, Part 17 (§§ 17.1 to 

17.95(a)), revised as of October 1, 2023, 

in § 17.11, amend paragraph (h) by 

revising the entry for ‘‘Hawaiian hoary 

bat’’ and adding an entry for ‘‘Rice’s 

Whale’’. 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Common name Scientific name Where listed Status Listing citations and 

applicable rules 

MAMMALS 

*******

Bat, Hawaiian hoary (opeapea) .. Aeorestes semotus .................... Wherever found ......................... E 35 FR 16047, 10/13/1970. 

*******

Whale, Rice’s .............................. Balaenoptera ricei ...................... Wherever found ......................... E 84 FR 15446, 4/15/2019; 86 FR 47022, 8/23/ 

2021; N 87 FR 8981, 2/17/2022. 

* * * * * * * 

[FR Doc. 2024–21155 Filed 9–16–24; 8:45 am] 

BILLING CODE 0099–10–P 


ddrumheller on DSK120RN23PROD with RULES1
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2512 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  2d Session
                                S. 2512

To amend the Agricultural Act of 2014 to require producers to elect to 
receive price loss coverage or agriculture risk coverage under that Act 
    or Federal crop insurance under the Federal Crop Insurance Act.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2018

   Mr. Flake introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL

 
To amend the Agricultural Act of 2014 to require producers to elect to 
receive price loss coverage or agriculture risk coverage under that Act 
    or Federal crop insurance under the Federal Crop Insurance Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PRODUCER ELECTION TO RECEIVE PRICE LOSS COVERAGE OR 
              AGRICULTURE RISK COVERAGE OR FEDERAL CROP INSURANCE.

    Section 1115 of the Agricultural Act of 2014 (7 U.S.C. 9015) is 
amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Election To Receive Price Loss Coverage or Agriculture Risk 
Coverage or Federal Crop Insurance.--For the 2018 crop year, all of the 
producers on a farm shall elect to receive--
            ``(1) price loss coverage or agriculture risk coverage, as 
        determined by the election of the producers on the farm under 
        this section for the 2014 through 2018 crop years; or
            ``(2) Federal crop insurance under the Federal Crop 
        Insurance Act (7 U.S.C. 1501 et seq.).''.
                                 <all>
```
<PAGE>

                                                                    Exhibit 99.1

                                  CERTIFICATION

                       (Pursuant to 18 U.S.C. Section 1350
The undersigned hereby certifies that, to the best of his knowledge, (i) the
foregoing Quarterly Report on Form 10-Q SB filed by Yadkin Valley Company (the
"Company") for the quarter ended March 31, 2003, fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,
and (ii) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Date: May 9, 2003                                 /s/ David S. Perry
                                         ---------------------------------------
                                         David S. Perry, President and Principal
                                                   Financial Officer
1

The Honorable Jimm Larry Hendren, Chief Judge, United States District Court

for the Western District of Arkansas, adopting the report and recommendations of the

Honorable Beverly Stites Jones, United States Magistrate Judge for the Western

District of Arkansas.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 04-1911

___________

Jason Edward Fenner, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the Western

* District of Arkansas.

Candis Taylor; Kristian Pawlik; *

Charles Duell, * [UNPUBLISHED]

*

Appellees. *

___________

Submitted: May 27, 2004

Filed: June 3, 2004

___________

Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.

___________

PER CURIAM.

Jason Edward Fenner appeals the district court’s1

 preservice dismissal of his

42 U.S.C. § 1983 action against a prosecutor and two public defenders involved in
-2-

state criminal proceedings against him. As relief, Mr. Fenner indicated he wanted a

jury trial and a different attorney in his criminal case. 

Having carefully reviewed the record, we conclude that dismissal was proper.

Mr. Fenner’s allegations and the relief he requested indicate that he was in effect

challenging the validity of his guilty plea and conviction. The sole federal remedy

for a state prisoner bringing such a challenge is a writ of habeas corpus, see Preiser

v. Rodriguez, 411 U.S. 475, 499-500 (1973), and there is no indication in the record

that Mr. Fenner has exhausted his state court remedies, see 28 U.S.C.

§ 2254(b)(1)(A); Carmichael v. White, 163 F.3d 1044, 1045 (8th Cir. 1998) (§ 2254

petitioner has burden to show all available state remedies have been exhausted or

exceptional circumstances exist). Accordingly, we affirm, but we modify the

dismissal to be without prejudice. See 8th Cir. R. 47B. We also deny Mr. Fenner’s

motion for appointment of counsel.

______________________________