alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Marco Antonio ALAVEZ-NARVAEZ, Petitioner, v. Jefferson B. SESSIONS, III,1 Attorney General of the United States, Respondent.

No. 16-3288

United States Court of Appeals, Eighth Circuit.

Submitted: June 16, 2017

Filed: July 13, 2017

Marco Antonio Alavez-Narvaez, Pro Se

Karen Yolanda Drummond, Jennifer R. Khouri, Carl H. McIntyre, Russell John Verby, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, OIL, U.S. Department of Justice, Washington, DC, for Respondent

Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges.

1

. Jefferson B. Sessions, III is substituted for his predecessor under Federal Rule of Appellate Procedure 43(c).

PER CURIAM.

Mexican citizen Marco Alavez-Narvaez petitions for review of an order of the Board of Immigration Appeals dismissing *805his appeal from the decision of an immigration judge denying him asylum and withholding of removal. In his pro se appeal, Alavez challenges the immigration judge’s findings' regarding the timeliness of his asylum application. He argues for the first time that he is a member of a particular social group whose members are sons of murdered gang leaders. And he claims that he had a well-founded fear of persecution, because the gang had the capability and inclination to punish him for trying to obtain information about his father’s death.

This court lacks jurisdiction to review both the timeliness of Alavez’s asylum application, *see*8 U.S.C. § 1158(a)(3), and Alavez’s unexhausted argument claiming protected status based on his membership in a particular social group. *See*8 U.S.C. § 1252(d)(1); *Martinez Carcamo v. Holder,*713 F.3d 916, 925 (8th Cir. 2013). We also conclude that Alavez did not establish a nexus between his feared harm and any protected ground, as his perceived threat was based on purely personal retribution. *See Martinez-Galarza v. Holder,*782 F.3d 990, 993-94 (8th Cir. 2015). Accordingly, we deny the petition. *See*8th Cir. R. 47B.
Exhibit 34.1

Text Box: Ernst & Young LLP
Suite 1400
220 South Sixth Street 
Minneapolis, MN 55402-4509
Tel: +1 612 343 1000 
Fax: +1 612 339 1726 
www.ey.com

ERNST & YOUNG


Report of Independent Registered Public Accounting Firm

The Board of Directors

U.S. Bank National Association

We have examined management's assertion, included in the accompanying Report onCompliance with Applicable Servicing Criteria Pursuant to Item 1122 of Regulation AB underthe Securities Exchange Act of 1934, that U.S. Bank National Association (the Company)complied with the servicing criteria set forth in Item 1122(d) of the Securities and ExchangeCommission's Regulation AB for the Structured Repackaging platform (the Platform) as ofDecember 31, 2009, and for the period from January 1, 2009 through December 31, 2009, exceptfor servicing criteria 1122(d)(1)(i), 1122(d)(1)(iii), 1122(d)(2)(iii), 1122(d)(4)(i), 1122(d)(4)(vi),and 1122(d)(4)(ix)-(xv), which the Company has determined are not applicable to the activitiesperformed by them with respect to the servicing Platform covered by this report. Management isresponsible for the Company's compliance with those servicing criteria. Our responsibility is toexpress an opinion on management's assertion about the Company's compliance with theservicing criteria based on our examination.

Our examination was conducted in accordance with attestation standards established by theAmerican Institute of Certified Public Accountants, as adopted by the Public CompanyAccounting Oversight Board (United States) and, accordingly, included examining, on a test basis, evidence about the Company's compliance with the applicable servicing criteria andperforming such other procedures as we considered necessary in the circumstances. Ourexamination included testing of less than all of the individual asset-backed transactions andsecurities that comprise the Platform, testing of less than all of the servicing activities related tothe Platform, and determining whether the Company processed those selected transactions and performed those selected activities in compliance with the servicing criteria. Furthermore, ourprocedures were limited to the selected transactions and servicing activities performed by theCompany during the period covered by this report. Our procedures were not designed todetermine whether errors may have occurred either prior to or subsequent to our tests that mayhave affected the balances or amounts calculated or reported by the Company during the periodcovered by this report for the selected transactions or any other transactions. We believe that ourexamination provides a reasonable basis for our opinion. Our examination does not provide alegal determination on the Company's compliance with the servicing criteria.




---






In our opinion, management's assertion that the Company complied with the aforementioned servicing criteria as of December 31, 2009, and for the period from January 1, 2009 throughDecember 31, 2009, for the Structured Repackaging platform is fairly stated, in all materialrespects.



/s/ Ernst & Young LLP







March 5, 2010




---
EX-31 Rule 13a-14(d)/15d-14(d) Certifications


  I, Susan Mills, certify that:

  1. I have reviewed this report on Form 10-K/A and all reports on Form 10-D
  required to be filed in respect of the period covered by this report on Form
  10-K/A of Citigroup Mortgage Loan Trust 2006-FX1 (the "Exchange Act periodic
  reports");

  2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole,
  do not contain any untrue statement of a material fact or omit to state a
  material fact necessary to make the statements made, in light of the
  circumstances under which such statements were made, not misleading with
  respect to the period covered by this report;

  3. Based on my knowledge, all of the distribution, servicing and other
  information required to be provided under Form 10-D for the period covered by
  this report is included in the Exchange Act periodic reports;

  4. Based on my knowledge and the servicer compliance statement required in
  this report under Item 1123 of Regulation AB, and except as disclosed in the
  Exchange Act periodic reports, the servicer has fulfilled its obligations
  under the servicing agreement in all material respects; and

  5. All of the reports on assessment of compliance with servicing criteria for
  asset-backed securities and their related attestation reports on assessment
  of compliance with servicing criteria for asset-backed securities required to
  be included in this report in accordance with Item 1122 of Regulation AB and
  Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this
  report, except as otherwise disclosed in this report. Any material instances
  of noncompliance described in such reports have been disclosed in this report
  on Form 10-K/A.

  In giving the certifications above, I have reasonably relied on information
  provided to me by the following unaffiliated parties: Wells Fargo Bank, N.A.
  and New Century Mortgage Corporation.

  Date: June 13, 2008


  /s/ Susan Mills
  Susan Mills
  Vice President
  (Senior officer in charge of securitization of the Depositor)
Exhibit23.1

 

Consentof Independent Registered Public Accounting Firm

 

TheBoard of Directors

OceanPower Technologies, Inc.:

 

Weconsent to the incorporation by reference in the registration statements (No. 333-217209, No. 333-213519, and No. 333-226820)on Form S-1, registration statements (No. 333-214316, No. 333-208522 and No. 333-224436) on Form S-8, and the registration statement(No. 333-221867) on Form S-3 of Ocean Power Technologies, Inc. of our report dated July 17, 2018, with respect to the consolidatedbalance sheets of Ocean Power Technologies, Inc. and subsidiaries as of April 30, 2018 and 2017, and the related consolidatedstatements of operations, comprehensive loss, stockholders’ equity, and cash flows for each of the years in the two-yearperiod ended April 30, 2018, and the related notes, which report appears in the April 30, 2018 annual report on Form 10-K/A ofOcean Power Technologies, Inc.

 

Ourreport dated July 17, 2018 contains an explanatory paragraph that states that the Company’s cash balance, recurring lossesfrom operations, and accumulated deficit raise substantial doubt about the Company’s ability to continue as a going concern,as discussed in Note 1(b) to the consolidated financial statements. The consolidated financial statements do not include any adjustmentsthat might result from the outcome of that uncertainty.

 

(signed)KPMG LLP

 

Philadelphia,Pennsylvania

March11, 2019

** **
#### Margaret Budd, Appellant, *v.*Robert A. Sinclair, Respondent.

(Argued June 12, 1872;

decided November 12, 1872.)

Defendant contracted to sell certain premises to plaintiff’s assignor and to pay all taxes up to a certain date. He had no title, but a contract to purchase from one Lowry, the owner. Plaintiff accepted a deed from Lowry. This action was brought to recover unpaid taxes. Defendant proved that Lowry had agreed to pay the taxes, and offered to prove that it was agreed, both before and after, and at the time of signing the contract in suit, that he should not personally be called upon to pay the taxes, but that the vendee agreed to look to Lowry. This was excluded, and a verdict was directed for plaintiff. Held, no error; that the evidence offered was improper to vary the written agreement, and no consideration for any subsequent agreement was offered to be shown; that the word “ agreed,” as used, simply meant a promise, and that no consideration could be implied therefrom. / Also, that the fact of plaintiff’s receiving a deed from Lowry did not affect defendant’s liability.

*Joshua M. Van Qott*for the appellant.

*John E. Burrill*for the respondent.

Peokham, J.,

reads opinion for affirmance.1

All concur.

Judgment affirmed.
#### Timothy E. DAVIS, Plaintiff-Appellant, v. SAMUEL I. WHITE, P.C.; Wells Fargo Bank, N.A., Defendants-Appellees, and Universal Composition Services, LLC; Altaf U. Khan, Defendants.

No. 16-1775

United States Court of Appeals, Fourth Circuit.

Submitted: March 30, 2017

Decided: April 12, 2017

Bernard E. Goodman, David Ludwig, DUNLAP BENNETT & LUDWIG, PLLC, Vienna, Virginia; Roger C. Simmons, Shawn P. Cavenee, Christopher F. deBettencourt, GORDON & SIMMONS, LLC, Frederick, Maryland, for Appellant. Mary C. Zinsner, S. Mohsin Reza, TROUTMAN SANDERS LLP, Tysons Corner, Virginia; Allison Melton, TROUT-MAN SANDERS LLP, Virginia Beach, Virginia; Lisa Hudson Kim, SAMUEL I. WHITE, P.C., Virginia Beach, Virginia, for Appellees.

Before SHEDD and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Timothy E. Davis appeals from the district court’s order dismissing his amended complaint in which he raised numerous claims arising out of the foreclosure on his property. We. have reviewed the record included on appeal, as well as the parties’ briefs, and find no error in the district court’s dismissal of Davis’ claims. Specifically, we find no merit to Davis’ claims asserting breach of fiduciary duty or breach of contract under Virginia law; nor do we find an actionable claim under the Fair Debt Collection Practices Act. 15 U.S.C. § 1692 (2012). Therefore we affirm for the reasons stated by the district court. *Davis v. Samuel I. White, P.C.,*No. 1:16-cv-00036-CMH-JFA (E.D. Va. June 10, *1792016). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED*
Exhibit








EXHIBIT 4.1


PEOPLES BANCORP INC. ANNUAL REPORT ON FORM 10-K
FOR FISCAL YEAR ENDED DECEMBER 31, 2018






PEOPLES BANCORP INC.
138 Putnam Street
Marietta, OH  45750
(740) 373-3155






March 1, 2019 




Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C.  20549




RE:  Peoples Bancorp Inc. - Annual Report on Form 10-K for the fiscal year ended December 31, 2018




Ladies and Gentlemen:


Peoples Bancorp Inc., an Ohio corporation, is today filing its Annual Report on Form 10-K for the fiscal year ended December 31, 2018 (the “Form 10-K”), as executed on March 1, 2019.


Pursuant to the provisions of Item 601(b)(4)(iii) of SEC Regulation S-K, Peoples Bancorp Inc. hereby agrees to furnish to the SEC, upon request, copies of instruments and agreements defining (i) the rights of holders of Peoples Bancorp Inc.'s long-term debt or (ii) the rights of holders of the long-term debt of one of its consolidated subsidiaries, not being filed or incorporated by reference as an exhibit to the Form 10-K.  Such long-term debt does not exceed 10% of the total assets of Peoples Bancorp Inc. and its subsidiaries on a consolidated basis.


Very truly yours,
            
Peoples Bancorp Inc.


/s/ JOHN C. ROGERS 
John C. Rogers
Executive Vice President,
Chief Financial Officer and Treasurer
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Appeal of--

ARMED SERVICES BOARD OF CONTRACT APPEALS 

) 

) 

ABB Enterprise Software, Inc., f/k/a Ventyx) 

) 

Under Contract No. NOOl 74-05-C-0038 ) 

APPEARANCES FOR THE APPELLANT: 

APPEARANCES FOR THE GOVERNMENT: 

ASBCA No. 60314 

Jeanne A. Anderson, Esq. 

Washington, DC 

Jeffrey M. Young, Esq. 

Chief Counsel 

Raleigh, NC 

Craig D. Jensen, Esq. 

Navy Chief Trial Attorney 

Henry Karp, Esq. 

Rachel J. Goldstein, Esq. 

Trial Attorneys 

OPINION BY ADMINISTRATIVE JUDGE KINNER 

It is the Board's decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the 

parties' stipulation and agreement, that the appeal is sustained. In the nature of a 

consent judgment, the Board makes a monetary award to appellant in the amount of 

$600,000.00. This amount is inclusive of interest. No further interest shall be paid. 

Dated: July 11, 2018 

(Signatures continued) 

Administrative Judge 

Armed Services Board 

of Contract Appeals 
I concur 

~-$~ 

Administrative Judge 

Chairman 

Armed Services Board 

of Contract Appeals 

OWEN C. WILSON 

Administrative Judge 

Vice Chairman 

Armed Services Board 

of Contract Appeals 

I certify that the foregoing is a true copy of the Opinion and Decision of the 

Armed Services Board of Contract Appeals in ASBCA No. 60314, Appeal of ABB 

Enterprise Software, Inc., f/k/a Ventyx, rendered in conformance with the Board's 

Charter. 

Dated: 

2 

JEFFREY D. GARDIN 

R.ecorder, Armed Services 

Board of Contract Appeals
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IB 

Union Calendar No. 655 

118TH CONGRESS 

2D SESSION H. R. 6862 

[Report No. 118–794] 

To amend the FAST Act to include certain mineral production activities 

as a covered project, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 19, 2023 

Mr. LAMBORN (for himself, Mr. MOORE of Utah, and Mr. NEWHOUSE) introduced the following bill; which was referred to the Committee on Natural 

Resources 

DECEMBER 4, 2024 

Additional sponsors: Mr. MOYLAN and Mr. DONALDS

DECEMBER 4, 2024 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on December 19, 2023] 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 6862 RH

A BILL 

To amend the FAST Act to include certain mineral production activities as a covered project, and for other purposes. 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 6862 RH

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 ‘‘Mineral Mining Parity 

5 Act’’. 

6 SEC. 2. DEFINITION OF COVERED PROJECT. 

7 Section 41001(6)(A) of the FAST Act (42 U.S.C. 

8 4370m(6)(A)) is amended by inserting ‘‘mineral produc9 tion,’’ before ‘‘or any other sector’’. 

10 SEC. 3. PROHIBITION AGAINST FINALIZING, IMPLE11 MENTING, OR ENFORCING THE PROPOSED 

12 RULE RELATED TO THE SCOPE OF MINING 

13 UNDER THE FAST ACT. 

14 The Federal Permitting Improvement Steering Council 

15 may not finalize, implement, or enforce the proposed rule 

16 titled ‘‘Revising Scope of the Mining Sector of Projects That 

17 Are Eligible for Coverage Under Title 41 of the Fixing 

18 America’s Surface Transportation Act’’ (88 Fed. Reg. 

19 65350; September 22, 2023). 


ssavage on LAPJG3WLY3PROD with BILLS
Union Calendar No. 655 

118TH CONGRESS 

2D SESSION H. R. 6862 

[Report No. 118–794] 

A BILL 

To amend the FAST Act to include certain mineral 

other purposes. production activities as a covered project, and for 

DECEMBER 4, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


ssavage on LAPJG3WLY3PROD with BILLS
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

ROBERT JAMES THOMAS,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 79 WM 2019

ORDER

PER CURIAM

AND NOW , this 15th day of November, 2019

, t he Application for Extraordinary

Relief Under King’s Bench Jurisdiction is DENIED.
<PAGE>

                                                                      EXHIBIT 12

             CASE CREDIT CORPORATION AND CONSOLIDATED SUBSIDIARIES

               COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                             (dollars in millions)

<TABLE>
<CAPTION>
                                                              Three     Three
                                                             Months    Months
                                                              Ended     Ended
                                                            March 31, March 31,
                                                              2001      2000
                                                            --------- ---------
<S>                                                         <C>       <C>
Net (loss) income..........................................    $(8)     $  1
Add:
  Interest expense.........................................     52        54
  Income tax (benefit) expense and other taxes on (loss)
   income..................................................     (4)        1
                                                               ---      ----
    Earnings as defined....................................    $40      $ 56
                                                               ===      ====
Interest expense...........................................    $52      $ 54
Amortization of capitalized debt expense...................     --        --
                                                               ---      ----
    Fixed charges as defined...............................    $52      $ 54
                                                               ===      ====
Ratio of earnings to fixed charges.........................    .77x     1.04x
                                                               ===      ====
</TABLE>

                                       17