alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-6606

WAYNE EUGENE HERMANS,

Petitioner - Appellant,

versus

A. D. ROBINSON, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. M. Hannah Lauck, Magistrate

Judge. (3:06-cv-00259)

Submitted: August 10, 2007 Decided: August 17, 2007

Before WILKINSON, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Wayne Eugene Hermans, Appellant Pro Se. Eugene Paul Murphy, OFFICE

OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Wayne Eugene Hermans seeks to appeal the magistrate

judge’s order denying relief on his 28 U.S.C. § 2254 (2000)

petition. The order is not appealable unless a circuit justice or

judge issues a certificate of appealability. See 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 would find that

any assessment of the constitutional claims by the district court

is debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. See Miller-El v.

Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S.

473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).

We have independently reviewed the record and conclude that Hermans

has not made the requisite showing. Accordingly, we 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
2021 AFSAM

Rapid Pistol CQB

PI2040

SHOOTER SCORE ROST # STATE/COUNTRY 

1 SSG MORRIS, SEAN D 159 USAR 191

2 SFC NOE, JOSEPH T 119 AR 190

3 CPT MILLER, GARRETT E 117 AR 185

4 SFC SWANSON, BRANDON N 100 WI 184

5 SSG DEMENT, JERRY D 316 MO 180

6 SGT NORCROSS, AUSTIN D 131 CO 178

7 SGT HUGHES, DEVIN E 158 USAR 178

8 SGT GOLDADE, TYLER R 120 ND 176

9 MAJ URICK, GRANT M 162 USAR 174

10 SSGT ROOK, GAVIN W 121 ND 174

11 TSGT DANIEL, SCOTTY W 138 AR 173

12 MSG GREGSON, JACOB J 108 UT 170

13 MSGT WATTERS, NATHAN A 118 AR 169

14 SFC BAUTISTA, MICHAEL R 125 ID 169

15 SFC GODEL, JASON W 156 USAR 167

16 SSG VARGAS, ERIK J 132 CA 166

17 SFC KEENOM, DAVID D 112 TN 164

18 TSGT WENG, RYAN B 137 AR 164

19 SSG ABEYTA, PATRICK M 164 USAR 163

20 MSG SMITH, MATTHEW B 136 AR 158

21 CPT BROTHERSTON, CURTIS G 160 USAR 157

22 SGT GRIFFETH, ALEXANDRA I 114 VA 152

23 CW3 KNOTE, ANDY T 163 USAR 151

24 MAJ CAMPBELL, JESSE D 161 USAR 149

25 MAJ CONNERS, THOMAS J 157 USAR 145

26 SGM MININO, ANTHONY A 167 USAR 142

27 MSG BURDETTE, RODERICK II 165 USAR 138

28 CSM BALL, MICHAEL E 166 USAR 119

Page 1 of 1 Time printed: 9/2/2021 6:21:05 PM
http://www.ebio.org/statistics.php?id=6

MS Company PC Feedstock

Bulgaria Euro Ethyl GmbH (Silistra) 30 Maize

Crystal Chemicals 13

Denmark Dong Energy (Kalundborg) 17.6 Straw, wheat

France Roquette (Beinheim) 35 Wheat

Germany Wabio Bioenergie (Bad 

Köstritz)

8.4 Waste

ESP Chemie GmbH 140

Hungary First Hungarian Bioethanol 

Kft (Elsö Magyar 

Bioethanol Termelökst)

90 Maize

Lithuania Bioetan 100 Cereals

Netherlands Abengoa (Rotterdam) 480 Wheat

Nivoba BV (Wijster) 100 Cereals

Slovenia Slovnafta (Bratislava) 75 Wheat

Spain Biocarburantes Castilla & 

Leon (Salamanca)

5 Ligno-cellulose

SNIACE II (Zamora) 150 Wheat

Alcoholes Biocarburantes de 

Extremadura (Albiex)

110

UK Ensus plc (Teesside) 400 Wheat

Vivergo (Hull) 420 Wheat

Total 2174

in mln litres

Updated: 090909
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Page 18234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07755]


=======================================================================
-----------------------------------------------------------------------

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


Sunshine Act Notice

March 2015.

TIME AND DATE: 10 a.m., Thursday, April 16, 2015.

PLACE: The Richard V. Backley Hearing Room, Room 511N, 1331 
Pennsylvania Avenue NW., Washington, DC 20004 (enter from F Street 
entrance).

STATUS: Open.

MATTERS TO BE CONSIDERED: The Commission will consider and act upon the 
following in open session: Brody Mining, LLC v. Secretary of Labor, 
Docket Nos. WEVA 2014-82-R et al. (Issues include whether the 
Administrative Law Judge had jurisdiction to adjudicate the validity of 
a Pattern of Violations notice and whether he erred in dismissing the 
notice.)
    Any person attending this meeting who requires special 
accessibility features and/or auxiliary aids, such as sign language 
interpreters, must inform the Commission in advance of those needs. 
Subject to 29 CFR 2706.150(a)(3) and 2706.160(d).

CONTACT PERSON FOR MORE INFO: Emogene Johnson (202) 434-9935/(202) 708-
9300 for TDD Relay/1-800-877-8339 for toll free.

Sarah L. Stewart,
Deputy General Counsel.
[FR Doc. 2015-07755 Filed 4-1-15; 11:15 am]
 BILLING CODE 6735-01-P
2023 AFSAM

Hoplite Run

RI3030

SHOOTER SCORE-Vs ROST # STATE\COUNTRY

1 WO1 DOUGLAS, JAMES 120 UK 15 208- 2 MAJ URICK, GRANT M 132 HI 12 207- 3 SGT COLGAN, JOHNATHON 139 UK 12 207- 4 MAJ PEASLEY, MARK 138 UK 11 207- 5 MAJ CAMPBELL, JESSE D 134 ID 12 205- 6 SSG STEWART, JUDE O 100 VA 10 205- 7 SSG GORDON, COLIN 136 UK 10 202- 8 SGT DEVILLE, JIMMY 121 UK 11 201- 9 SGT GOLDADE, TYLER R 110 ND 13 200- 10 MAJOR ROSIE, LANCE 123 UK 13 198- 11 SFC WILLIS, RICHARD 135 KY 16 197- 12 SGT NORCROSS, AUSTIN D 119 CO 12 196- 13 SSG FULMER, MICAH N 116 CO 6 196- 14 SSG ARCHAMBAULT, MAXIMIL D 117 Vermont 10 194- 15 MAJ CONNERS, THOMAS J 142 10 190- 16 GYSGT RANTON, CHAD W 101 VA 12 189- 17 SFC STAATS, JOHN A 118 AR 3 189- 18 LCPL FERGUSON, ANDREW 128 UK 6 188- 19 SFC PHELPS, STEFAN S 106 VA 4 187- 20 MSGT WATTERS, NATHAN A 108 AR 12 186- 21 SGT FLEITAS, NICKOLAS 103 11 183- 22 CPL ROWAN, BRIAN 137 UK 7 182- 23 CW4 KNOTE, ANDY T 124 KY 5 181- 24 CPL FILGATE, MICHAEL 130 UK 5 179- 25 LCPL BURGESS, MARCUS 129 UK 5 176- 26 1SG CAPPS, JOSEPH A 111 AR 10 170- 27 CPL BUSSTRA, MARTIJN 114 NETHERLANDS 2 162- 28 E5 DUERR, DAVID C 107 CA 7 161- 29 CPT BROTHERSTON, CURTIS G 133 CO 3 157- 30 SGT MARLAR, SAMUEL A 143 MA 6 151- 31 SPC GADZIK, TIMOTHY J 127 IL 5 149- 32 SFC KEENOM, DAVID D 141 TN 7 148- 33 PVT DOPPERT, SANTINO 112 NETHERLANDS 7 146- 34 CPT PANTOJA, LUIS 126 KS 5 143- 35 SGT MULLER, SHAUN P 102 VA 7 142- 36 1SG BOELLAARD, MAX 113 NETHERLANDS 4 142- 37 CFN PICKLES, JOSHUA 131 UK 4 137- 38 SFC GODEL, JASON W 125 TX 9 133- 39 SSG CATT, KEVIN 122 UK 1 119- Page 1 of 2 Time printed: 5/6/2023 1:48:00 PM
SHOOTER SCORE-Vs ROST # STATE\COUNTRY

40 E-5 LUSH, TRAVIS C 105 VA 2 114- 41 SGT SMITH, ANDREW 140 NETHERLANDS 1 103- 42 MAJ WILKEN, ERIK 115 NETHERLANDS 3 90- 43 SFC BOLANOS, STEVEN L 104 CA 3 83- 44 SFC SAGER, DEVIN S 700 CO - 45 MAJ FREEMAN, SAMUEL K 109 SC -

Page 2 of 2 Time printed: 5/6/2023 1:48:00 PM
ex10_01.htm





Exhibit 10.01


 



FIRST AMENDMENT


TO THE


XCEL ENERGY INC.


EXECUTIVE ANNUAL INCENTIVE AWARD PLAN







(AMENDED AND RESTATED EFFECTIVE FEBRUARY 17, 2010)







WHEREAS, the Board of Directors of Xcel Energy Inc. (the “Company”) has determined that it is in the best interests of the Company to amend the Company’s Executive Annual Incentive Award Plan, amended and restated effective as of February 17, 2010 (the “Plan”) to allow the Governance, Compensation and Nominating Committee to delegate to an executive officer the ability to administer the plan with respect to Incentive Awards for employees who are not subject to Section 16 of the Securities Exchange Act of 1934 and to make certain other modifications to the provisions relating to the payment of Incentive Awards.







NOW, THEREFORE, BE IT RESOLVED, that the Plan is hereby amended by this First Amendment, effective as of February 20, 2013, as follows:







ARTICLE III, ADMINISTRATION, is hereby amended by adding the following sentence as the last sentence of that Article:







“To the extent not inconsistent with applicable law or stock exchange rules, the Committee may delegate all or any portion of its authority under the Plan to determine and administer Incentive Awards to Participants who are not subject to Section 16 of the Exchange Act to one or more persons who are either members of the Committee or executive officers of the Company.”







ARTICLE VI, DETERMINATION OF INCENTIVE AWARDS, is hereby amended by amended and restating the last sentence of that Article as follows:







“Subject to any deferral election as provided in Article Xlll hereof, Incentive Awards earned or otherwise awarded will be paid on or before March 15th of the year following the last day of the applicable Incentive Period.”






  





  











  








ARTICLE VII, CERTAIN ELECTIONS OF FORM OF PAYMENT OF INCENTIVE AWARDS, is hereby amended by amending and restating subsection (b) of that Article as follows:







“The restrictions described above shall commence on the Payment Date as of which the restricted Shares are issued and terminate with respect to (i) one-third of the Shares on the first anniversary of the Payment Date, (ii) one-third of the Shares on the second anniversary of the Payment Date and (iii) one-third of the Shares on the third anniversary of the Payment Date.”







Except as hereinabove set forth, the Xcel Energy Inc. Executive Annual Incentive Plan, amended and restated effective as of February 17, 2010, shall continue in full force and effect.
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.
 Small Business Administration [Disaster Declaration #14257 and #14258]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of West Virginia (FEMA-4210-DR), dated 03/31/2015. *Incident:*
                         Severe Winter Storm, Flooding, Landslides, and Mudslides. *Incident Period:*
                         03/03/2015 through 03/06/2015. *Effective Date:*
                         03/31/2015. *Physical Loan Application Deadline Date:*
                         06/01/2015. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         12/31/2015.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration Processing, And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 03/31/2015, Private Non-Profit organizations that provide essential services of governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Barbour; Boone; Braxton; Cabell; Doddridge; Gilmer; Harrison; Jackson; Kanawha; Lewis; Lincoln; Logan; Marshall; Mcdowell; Mingo; Monongalia; Putnam; Raleigh; Ritchie; Roane; Summers; Tyler; Upshur; Wayne; Webster; Wetzel; Wirt; Wood; Wyoming. *The Interest Rates are:* Percent*For Physical Damage:*Non-Profit Organizations With Credit Available Elsewhere
2.625Non-Profit Organizations Without Credit Available Elsewhere
2.625*For Economic Injury:*Non-Profit Organizations without Credit Available Elsewhere
2.625The number assigned to this disaster for physical damage is 14257B and for economic injury is 14258B.
 (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Associate Administrator for Disaster Assistance.


[FR Doc. 2015-08332 Filed 4-9-15; 8:45 am] BILLING CODE 8025-01-P
----

|   | (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 Company. |
|--------|------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:   November 14, 2013 | By:    | /s/  Kyle Kennedy                                                                                                            |   |
|--------------------------------------|--------|-----------------------------------------------------------------------------------------------------------------------------------|--------|
|                                 |   | Kyle Kennedy                                                                                                                      |   |
|                                 |   | President, Chief Executive Officer and Chairman of the Board(Principal Executive Officer and acting Principal Accounting Officer) |   |
#### Keeler vs. Woodward.

ACTION — Judicial Officer. — A judicial officer acting within the scope of his jurisdiction cannot be held liable in damages for an erroneous act or decision. So *held*in an action against a justice for refusing to set off one judgment against another rendered before him (see R. S. ■1849,roh. 88, sees. 59, 60), and for issuing execution on the latter judgment op which .the plaintiff’s property was seized and sold.

(4 Chand., 34.)

*307ERROR to the County Court for *Walworth*County.

*Keeler*brought an action on the case against Woodward, a justice of the peace, alleging in substance that the defendant as such justice rendered a judgment against the plaintiff and in favor of one Wilkins ; that on the same day the plaintiff proposed to Wilkins to set off against such judgment one which he had obtained against said Wilkins befor’e another justice, and tendered a transcript thereof; that by the consent and agreement of Wilkins and the plaintiff a time was fixed for the defendant as such justice to hear and determine said application to set off said judgments ; that afterwards, and before the time so appointed, the defendant as such justice proceeded to hear and determine the matter of said setoff in the absence of the parties, and denied it, and issued execution on the judgment rendered before him against said plaintiff, and delivered the same to an officer who, by virtue of the same, took and carried away certain of his personal property and sold the same to satisfy such execution, to his damage, etc. The defendant pleaded the general issue, and on the trial in justice’s court the plaintiff had judgment, from which the defendant appealed to the county court, and on the trial in that court the defendant had a verdict and judgment, and the plaintiff sued out this writ of error.

*Winsor & Smith,*for plaintiff in error.

*Menzie & Noggle,*for defendant in error.

Knowlton, J.

One point will dispose of this case. The plaintiff seeks to recover damages from the defendant, for not acting according to law, as he alleges, in issuing an execution upon a judgment before the proper time. The declaration does not set forth a cause of action that can be maintained, and the defect is fatal at any time and in any court to which the-case may be removed.

It is a principle of law, too well settled to need authorities to-support it, that no judicial officer, acting within the scope of *308bis jurisdiction, can be made liable in an action against him for an erroneous decision. Whatever error he may commit while so acting, he cannot be held personally liable for damages sustained in consequence of his error. This declaration seeks for nothing more. No elaborate opinion is necessary upon this point, for the law is too well settled to need comment.

We are clearly of opinion that the judgment of the county court of Walworth county should be affirmed with costs.

Judgment affirmed.
<PAGE>

                                                                    Exhibit 23.1

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement
(Form S-3 No. 333-36026) pertaining to the issuance of 6,066,596 shares of
Cardima, Inc.'s common stock and (Form S-8 No. 333-38506 and No. 333-32545)
pertaining to the 1997 Employee Stock Purchase Plan, 1993 Stock Option Plan,
and the 1997 Directors' Stock Option Plan of Cardima, Inc. of our report dated
January 31, 2001, with respect to the financial statements of Cardima, Inc.
included in the Annual Report (Form 10-K) for the year ended December 31, 2000.

                                          /s/ ERNST & YOUNG LLP

Palo Alto, California
March 22, 2001
Order entered December 18, 2019

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-01088-CR

POLYCARP OIGO ONCHOKE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 6

Dallas County, Texas

Trial Court Cause No. F19-00423-X

ORDER

Appellant’s brief was due November 15, 2019. When it was not filed, we notified 

appellant by letter dated November 21, 2019 and directed him to file a brief and a motion to 

extend time to file the brief by December 2, 2019. To date, no brief or motion has been filed, nor 

have we had any communication from appellant counsel.

Therefore, we ORDER the trial court to conduct a hearing to determine why appellant’s 

brief has not been filed. In this regard, the trial court shall make appropriate findings and 

recommendations and determine whether appellant desires to prosecute this appeal, whether 

appellant has abandoned the appeal, or whether appointed counsel has abandoned the appeal. 

See TEX. R. APP. P. 38.8(b). If the trial court cannot obtain appellant’s presence at the hearing, 

the trial court shall conduct the hearing in appellant’s absence. See Meza v. State, 742 S.W.2d 
708 (Tex. App.–Corpus Christi 1987, no pet.) (per curiam). If appellant is indigent, the trial 

court is ORDERED to take such measures as may be necessary to assure effective 

representation, which may include appointment of new counsel.

We ORDER the trial court to transmit a record of the proceedings, which shall include 

written findings and recommendations, to this Court within THIRTY DAYS of the date of this 

order.

We DIRECT the Clerk to send copies of this order to the Honorable Jeanine Howard, 

Presiding Judge, Criminal District Court No. 6; to J. Daniel Oliphant; and to the Dallas County 

District Attorney’s Office, Appellate Division.

This appeal is ABATED to allow the trial court to comply with the above order. The 

appeal shall be reinstated thirty days from the date of this order or when the findings are 

received, whichever is earlier.

/s/ LANA MYERS

JUSTICE
Exhibit 10.6

 

AMENDMENT TO

THIRD AMENDED AND RESTATED

EMPLOYMENT AGREEMENT

 

This AMENDMENT TO THIRD AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Amendment”) is made and entered into as of March 11, 2013, by and between CVR ENERGY, INC., a Delaware corporation (the “Company”) and JOHN J. LIPINSKI (the “Executive”).

 

The Company and the Executive are parties to a Third Amended and Restated Employment Agreement dated as of January 1, 2011 (the “Employment Agreement”).  The parties hereto desire to amend the Employment Agreement as provided herein.

 

1.             Exclusivity.  The last sentence of Section 1.3 of the Employment Agreement is hereby deleted in its entirety and replaced with the following:

 

“The provisions of this Section 1.3 shall not be construed to prevent Executive from: (i) investing Executive’s personal, private assets as a passive investor in such form or manner as will not require any active services on the part of Executive in the management or operation of the affairs of the companies, partnerships, or other business entities in which any such passive investments are made; (ii) serving on the board of directors of one or more companies, provided such service does not conflict with the Executive’s duties and obligations to the Company and such service is approved by the chairman of the Board of Directors of the Company; or (iii) serving on the board of directors for Thumbs Up Enterprises Limited and its affiliated companies.”

 

2.             Ratify Agreement.  Except as expressly amended hereby, the Agreement will remain unamended and in full force and effect in accordance with its terms.  The amendments provided herein will be limited precisely as drafted and will not constitute an amendment of any other term, condition or provision of the Agreement.

 

3.             Cross References.  References in the Agreement to “Agreement”, “hereof”, “herein”, and words of similar import are deemed to be a reference to the Agreement as amended by this Amendment.

 

4.             Counterparts.  This Amendment may be executed in any number of counterparts, each of which will be deemed to be an original and all of which constitute one agreement that is binding upon each of the parties, notwithstanding that all parties are not signatories to the same counterpart.

 

[signature page follows]

 











 

The parties have executed this Amendment as of the date first written above.

 

	
CVR   ENERGY, INC.
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
By:
    	
/s/   Stanley A. Riemann
    	
 
    	
/s/   John J. Lipinski
    
	
Name:
    	
Stanley   A. Riemann
    	
 
    	
John   J. Lipinski
    
	
Title:
    	
Chief   Operating Officer
    	
 
    	
 
    


 

[Signature Page for Amendment to Third Amended and Restated Employment Agreement]