alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

NO. 09-4520

EXCELL WHITNEY, APPELLANT,

V.

ERIC K. SHINSEKI,

SECRETARY OF VETERANS AFFAIRS, APPELLEE.

Before HAGEL, MOORMAN, and LANCE, Judges.

O R D E R

On April 29, 2010, the Court dismissed this appeal for lack of jurisdiction. On June 7, 2010,

the appellant filed a timely motion for reconsideration or, in the alternative, for a panel decision

pursuant to Rule 35 of the Court's Rules of Practice and Procedures.

On consideration of the foregoing, and the parties' prior pleadings, it is

ORDERED, by the single judge, that the motion for reconsideration is denied. It is further

ORDERED, by the panel, that the motion for a panel decision is denied.

DATED: July 26, 2010 PER CURIAM.

Copies to:

Excell Whitney

VA General Counsel (027)
Exhibit 32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes- Oxley
Act of 2002, I, Barry Bennett, Chief Executive Officer of Advanced ID
Corporation (the "Company"), hereby certify, that to the

best of my knowledge, the Quarterly report on Form 10-QSB of the Company for the
quarterly period ended June 30, 2004 (the "Report") fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

Date: August 12, 2004

/s/Barry I. Bennett
----------------------------------------
Barry I. Bennett, Chief Executive Officer


<PAGE>


Exhibit 32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes- Oxley
Act of 2002, I, Todd Noble, Chief Financial Officer of Advanced ID Corporation
(the "Company"), hereby certify, that to the

best of my knowledge, the Quarterly report on Form 10-QSB of the Company for the
quarterly period ended June 30, 2004 (the "Report") fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

Date: August 12, 2004

/s/Todd D. Noble
----------------------------------------
Todd D. Noble, Chief Financial Officer
State of California

AIR RESOURCES BOARD

EXECUTIVE ORDER R-09-013

Relating to Adoption of a Regulation to Reduce Gree nhouse Gas Emissions from Heavy-Duty Vehicles

WHEREAS, on December 11, 2008, the Air Resources Bo ard (ARB or Board) conducted a public hearing to consider adoption of a regulation to reduce greenhouse gas (GHG) emissions from heavy-duty vehicles, as se t forth in the Initial Statement of Reasons released to the public on October 24, 2008;

WHEREAS, following the public hearing on December 1 1, 2008, the Board adopted Resolution 08-44 in which the Board approved the ne w regulations to California Code of Regulations, title 17, sections 95300, 95301, 95 302, 95303, 95304, 95305, 95306, 95307, 95308, 95309, 95310, and 95311, as set forth in Attachment A thereto, with the modifications set forth in Attachment B thereto;

WHEREAS, Resolution 08-44 directed the Executive Of ficer to take final action to adopt the new regulations set forth in Attachment A to Re solution 08-44, including the suggested modifications in Attachment B, and such o ther conforming modifications as may be appropriate, to make the modified regulatory language and any additional supporting documents and information available to t he public for a period of at least 15 days, to consider such written comments as may be s ubmitted during this period, and to make such modifications as may be appropriate in li ght of the comments received, or to present the regulatory amendments to the Board for further consideration if he
determines that this is warranted;

WHEREAS, on September 17, 2009, the modified regula tions, reflecting the amendments approved by the Board and other changes made after considering direction from the Board and public comments receiv ed, were made available for public comment for a period of 15 days, with the changes t o the originally proposed text clearly indicated, in accordance with the provisions of tit le 1, California Code of Regulations,
section 44;

WHEREAS, written comments were received during the1 5-day comment period and all comments have been considered by the Executive Offi cer; and

WHEREAS, Attachment 1 hereto contains the Board app roved regulation text, sections
95300, 95301, 95302, 95303, 95304, 95305, 95306, 95 307, 95308, 95309, 95310, and 95311, title 17, California Code of Regulations, an d incorporates the modifications made available for the 15-day supplemental comment perio d.

NOW, THEREFORE, IT IS ORDERED that the recitals and findings contained in Resolution 08-44 are incorporated by reference here in.Executive Order R-09-013 - 2 -

IT IS FURTHER ORDERED in accordance with Resolution 08-44, that California Code of Regulations, title 17, sections 95300, 95301, 95 302, 95303, 95304, 95305, 95306, 95307, 95308, 95309, 95310, and 95311, are adopted as set forth in Attachment 1

hereto.

Executed this 23 rd day of October 2009, at Sacramento, California.

/s/

_______________________ James N. Goldstene

Executive Officer

Attachments
SANITIZED EPICLON EXA - 7250 IR
J-S26022-19

____________________________________

* Retired Senior Judge assigned to the Superior Court.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

JERMAINE HENDERSON 

Appellant

:

:

:

:

:

:

:

:

:

 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1794 EDA 2018

Appeal from the Judgment of Sentence Entered June 18, 2013

In the Court of Common Pleas of Philadelphia County Criminal Division at 

No(s): CP-51-CR-0012686-2011, 

CP-51-CR-0012688-2011

BEFORE: PANELLA, P.J., GANTMAN, P.J.E., and PELLEGRINI*, J.

DISSENTING MEMORANDUM BY PELLEGRINI, J.: FILED JUNE 03, 2019

I would not quash the appeal for reasons set forth in my dissenting 

opinion in Matter of M.P., 204 A.3d 976 (Pa. Super. Ct. 2019). For those 

reasons, I would hold that the requirement in Commonwealth v. Walker, 

185 A.3d 969, 971 (Pa. 2018), that holds that separate notices of appeal be 

filed for each case sought to be appealed, only becomes effective when the 

Appellate Procedural Rules Committee complies the direction given to it by our 

Supreme Court to either amend Pa.R.A.P. 341(a) or its Official Note to 

explicitly require separate notices of appeal. Accordingly, I respectfully 

dissent.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-6811

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

WINDELL NORWOOD HICKS, a/k/a Fly Hicks,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Wilmington. Louise W. Flanagan, 

District Judge. (7:09-cr-00009-FL-1; 7:12-cv-00116-FL)

Submitted: November 18, 2014 Decided: November 20, 2014

Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Windell Norwood Hicks, Appellant Pro Se. Stephen Aubrey West, 

Assistant United States Attorney, Michael Gordon James, Shailika 

K. Kotiya, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North 

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Windell Norwood Hicks seeks to appeal the district 

court’s order accepting the recommendation of the magistrate 

judge and 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). 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 standard 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 constitutional right. Slack, 

529 U.S. at 484-85. 

We have independently reviewed the record and conclude 

that Hicks 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 
3

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED
I 

118TH CONGRESS 

2D SESSION H. R. 6938 

To amend the Internal Revenue Code of 1986 to reinstate the deduction 

for personal casualty losses as in effect prior to the enactment of Public 

Law 115–97 (commonly referred to as the ‘‘Tax Cuts and Jobs Act’’). 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 10, 2024 

Mr. RASKIN (for himself and Mr. MCGOVERN) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to reinstate 

the deduction for personal casualty losses as in effect 

prior to the enactment of Public Law 115–97 (commonly 

referred to as the ‘‘Tax Cuts and Jobs Act’’). 

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 ‘‘Tax Relief for Victims 

5 of Crimes, Scams, and Disasters Act’’. 

2 

•HR 6938 IH

1 SEC. 2. REINSTATEMENT OF DEDUCTION FOR PERSONAL 

2 CASUALTY LOSS. 

3 (a) IN GENERAL.—Section 165(h) of the Internal 

4 Revenue Code of 1986 is amended by striking paragraph 

5 (5). 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 this section shall apply to taxable years beginning after 

8 December 31, 2017. 

9 SEC. 3. EXTENSION OF AMENDED RETURN WINDOW FOR 

10 PERSONAL CASUALTY LOSS. 

11 (a) IN GENERAL.—In the case of a taxpayer who filed 

12 a return for a taxable year ending before January 1, 2022, 

13 with respect to which a deduction could have been taken 

14 by the taxpayer under section 165(h) of the Internal Rev15 enue Code of 1986 but for the fact that such deduction 

16 was suspended at the time of filing— 

17 (1) the period of limitation prescribed by sec18 tion 6511(a) of such Code for any such taxable year 

19 shall be extended until the date prescribed by law 

20 (including extensions) for filing the return of tax for 

21 the taxable year that includes the date of the enact22 ment of this Act, and 

23 (2) section 6511(b)(2) of such Code shall not 

24 apply to any claim of credit or refund with respect 

25 to such return. 

3 

•HR 6938 IH

1 (b) EXTENSION RESTRICTED TO CASUALTY LOSS

2 DEDUCTION.—Subsection (a) shall apply only with respect 

3 to amendments to the return of tax and claims for credit 

4 or refund of a taxpayer to the extent such amendments 

5 or claims relate to the deduction for casualty losses under 

6 section 165(h) of the Internal Revenue Code of 1986. 

Æ
```

[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Page 14041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05187]

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

DEPARTMENT OF JUSTICE

Antitrust Division

Notice Pursuant to The National Cooperative Research and 
Production Act of 1993--Medical Technology Enterprise Consortium

    Notice is hereby given that, on February 4, 2022, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Medical Technology 
Enterprise Consortium (``MTEC'') has filed written notifications 
simultaneously with the Attorney General and the Federal Trade 
Commission disclosing changes in its membership. The notifications were 
filed for the purpose of extending the Act's provisions limiting the 
recovery of antitrust plaintiffs to actual damages under specified 
circumstances. Specifically, Children's Hospital Los Angeles, Los 
Angeles, CA; CytoSorbents Corporation, Monmouth Junction, NJ; and Fast 
BioMedical, Indianapolis, IN; Felix Biotechnology, Inc., South San 
Francisco, CA; MitoSense, Inc., Great Falls, VA; Neurotrauma Sciences 
LLC, Alpharetta, GA; NIRSense LLC, Richmond, VA; Pneumeric, Inc., 
Rochester, MN; SiDx, Inc., Seattle, WA; Tao Treasures LLC dba 
Nanobiofab, Frederick, MD; The Research Foundation for the State 
University of New York on behalf of the Univ. at Buffalo, Amherst, NY; 
have been added as parties to this venture.
    Also, Initiate Government Solutions LLC, North Palm Beach, FL; and 
Perspecta Enterprise Solutions LLC, Herndon, VA, have withdrawn as 
parties to this venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and MTEC intends to file additional 
written notifications disclosing all changes in membership.
    On May 9, 2014, MTEC filed its original notification pursuant to 
Section 6(a) of the Act. The Department of Justice published a notice 
in the Federal Register pursuant to Section 6(b) of the Act on June 9, 
2014 (79 FR 32999).
    The last notification was filed with the Department on November 29, 
2021. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on January 13, 2022 (87 FR 2178).

Suzanne Morris,
Chief, Premerger and Division Statistics, Antitrust Division.
[FR Doc. 2022-05187 Filed 3-10-22; 8:45 am]
BILLING CODE P
```
#### SNF HOLDING COMPANY, Flopam Inc., Chemtall, Inc., SNF SAS, SNF (China) Flocculant Co. Ltd., Appellants v. BASF CORPORATION, Appellee

2016-2565

United States Court of Appeals, Federal Circuit.

October 17, 2017

*1035James W. Dabney, Hughes Hubbard & Reed LLP, New York, NY, argued for appellants. Also represented by James W. Brady, Jr„ Jonathan W.S. England, Charles J. Monterio, Jr., Blank Rome LLP, Washing-ton, DC.

Robert Riddle, Reed Smith LLP, Houston, TX, argued for appellee. Also represented by Matthew S. Gibson; James Christopher Martin, Pittsburgh, PA; Scott D. Baker, San Francisco, CA.

(Prost, Chief Judge, Wallach and Taranto, Circuit Judges).

JUDGMENT

Per Curiam

This Cause having been heard and considered, it is Ordered and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.
#### Jeffrey C. ABRAMOWSKI, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

No. 15-13923 Non-Argument Calendar

United States Court of Appeals, Eleventh Circuit.

(August 30, 2017)

Paul E. Bross, Bross Bross Thomas & Savy, LC, Merritt Is, FL, for Petitioner-Appellant

Jeffrey C. Abramowski, Pro Se

Pam Bondi, Rebecca Rock McGuigan, Attorney General’s Office, Daytona Beach, FL, for Respondents-Appellees

*622Before WILLIAM PRYOR, MARTIN and ANDERSON, Circuit Judges.

PER CURIAM:

Jeffrey Abramowski, a Florida state prisoner, appeals the denial of his petition for a writ of habeas corpus. 28 U.S.C. § 2254. We issued a certificate of appeala-bility to address whether the district court erred by denying Abramowski’s claim that he was functionally denied the assistance of counsel at trial on the grounds it was untimely and procedurally barred or, in the alternative, by denying the claim as failing on the merits. Because Abramowski does not dispute that his claim is procedurally barred based on an independent and adequate state ground, we affirm.

Abramowski argues that his claim is timely, is subject to equitable tolling, and is meritorious, but we need not address these arguments because we can affirm on the alternative ground stated by the district court. Before we will reverse a “judgment that is based on multiple, independent grounds, an appellant must convince us that every stated ground for the judgment against him is incorrect.” *Sapuppo v. Allstate Floridian Ins. Co.,*739 F.3d 678, 680 (11th Cir. 2014). If the “appellant fails to challenge properly on appeal one of the grounds on which the district court based its judgment, he is deemed to have abandoned any challenge of that ground *Id,*The district court ruled that Abramow-ski defaulted his claim by raising it in a fifth state motion for postconviction relief, *see*Fla. R. 3.850, that the state court dismissed as barred by the - prohibition against successive motions, *id.*3.850(h)(2). The district court also ruled that Abramowski failed to provide cause and prejudice to excuse the default. *See Coleman v. Thompson,*501 U.S. 722, 750, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991). Because Abramowski does not contest those rulings, “it follows that the [denial of his claim as procedurally defaulted] is due to be affirmed,” *Sapuppo,*739 F.3d at 680.

We AFFIRM the denial of Abramow-ski’s petition for a writ of habeas corpus.
EXHIBIT 32.2



CERTIFICATION 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 on Form 10-Q of
Gensym Corporation (the Company) for the period ended September 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Stephen D. Allison, Chief Financial Officer of
the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, that:



(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 15, 2004 |  | /s/ Stephen D. Allison 
|                         |  | Stephen D. Allison     
|                         |  | Chief Financial Officer
Document Headings

                    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.                  

###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - [RTID 0648-XB851]

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

# ACTION:

Notice; public meeting.

# SUMMARY:

                        The Mid-Atlantic Fishery Management Council's Tilefish Monitoring Committee will hold a public webinar meeting. See                         **SUPPLEMENTARY INFORMATION**                         for agenda details.                    

# DATES:

The meeting will be held on Thursday, March 17, 2022, from 1:30 p.m. until 4:30 p.m.

# ADDRESSES:

                        The meeting will be held via webinar. Connection information will be posted to the calendar prior to the meeting at                         *www.mafmc.org.*

*Council address:*                         Mid-Atlantic Fishery Management Council, 800 N State Street, Suite 201, Dover, DE 19901; telephone: (302) 674-2331;                         *www.mafmc.org.*

# FOR FURTHER INFORMATION CONTACT:

Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526-5255.

# SUPPLEMENTARY INFORMATION:

The purpose of the meeting is for the Tilefish Monitoring Committee to review and if necessary, revise the 2023 recommended annual catch limits, trip limits, discards and other management measures for the blueline and golden tilefish fisheries.

## Special Accommodations

The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to Shelley Spedden, (302) 526-5251, at least 5 days prior to the meeting date.

                        (Authority: 16 U.S.C. 1801*et seq.*)                    

Dated: February 24, 2022.

Tracey L. Thompson,

Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 2022-04284 Filed 2-28-22; 8:45 am]

BILLING CODE 3510-22-P
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