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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7032

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. MYRON B. AULL, Defendant - Appellant.

No. 08-7035

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. MYRON B. AULL, Defendant - Appellant.

Appeals from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (2:99-cr-00543-DCN-1; 2:02-cv-02054-DCN; 2:00-cr-00950- DCN-1; 2:02-cv-02055-DCN)

Submitted: November 13, 2008 Decided: November 19, 2008

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.Dismissed by unpublished per curiam opinion.

Myron B. Aull, Appellant Pro Se. Sean Kittrell, Assistant United States Attorney, Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

23 PER CURIAM: Myron B. Aull seeks to appeal the district court’s order denying relief on his motion for reconsideration of the denial of his 28 U.S.C.A. § 2255 (West Supp. 2008) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 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.

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 Aull 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
No. 12-5326.

#### Gonzalez-Trejo et al. *v.*United States.

C. A. 4th Cir. Certiorari denied.
#### Davis v. Kristan

110,607

07/27/2015

Denied.

Unpubhshed
*Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-50951

Summary Calendar

 

PHILE A. WATSON,

Plaintiff-Appellant,

versus

LOUIS CALDERA,

Defendant-Appellee.

 

Appeal from the United States District Court

for the Western District of Texas

(W-99-CV-312)

 

April 23, 2001

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Phile A. Watson’s Privacy Act complaint having been dismissed

for failure to state a claim upon which relief can be granted,

Watson asserts the district court erred in granting summary

judgment. In support, Watson contends there are material fact

issues: the five alleged factual errors in his Army military

records that he seeks to correct. 

Needless to say, when matters outside the pleadings are

presented to, and not excluded by, the court in support of a motion

to dismiss for failure to state a claim, the motion “shall be
2

treated as one for summary judgment”. FED. R. CIV. P. 12(b)(6).

The grant of such a motion is reviewed as would be any other

summary judgment, i.e., de novo, applying the same legal standards

as did the district court. E.g., Songbyrd, Inc. v. Bearsville

Records, Inc., 104 F.3d 773, 776 (5th Cir. 1997). 

The Privacy Act permits a person to contest the accuracy of

administrative records; it does not authorize relitigation of the

substance of agency decisions. See 5 U.S.C. § 552a(g)(1)(C);

Castella v. Long, 701 F. Supp. 578, 584-85 (N.D. Tex.), aff’d, 862

F.2d 872 (5th Cir. 1988) (Table), cert. denied, 493 U.S. 936

(1989); Reinbold v. Evers, 187 F.3d 348, 360 (4th Cir. 1999);

Douglas v. Agric. Stabilization & Conservation Serv., 33 F.3d 784,

785 (7th Cir. 1994). Each of the alleged factual errors are,

instead, attempts to relitigate the Army’s decision to issue a

general discharge. Again, such an attempt is not cognizable under

the Privacy Act. 

AFFIRMED
**EXHIBIT 23.1**

** **

| **CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|  
 We have issued our report datedMarch 31, 2008, accompanying the consolidated financial statementsincluded in the Annual Report of Rock of Ages Corporation on Form 10-K for theyear ended December 31, 2007.  We hereby consent to the incorporation byreference of said report in the Registration Statements of Rock of AgesCorporation on Form S-8 (File No. 333-45617, effective February 5, 1998 andFile No. 333-128474, effective September 21, 2005). 
 
/s/Grant Thornton LLP

Boston, Massachusetts

March 31, 2008

  |
#### State v. Mondonedo

105,646

04/08/13

Denied. ...

Unpublished
**EXHIBIT 31.1**

**SECTION 302 CERTIFICATION**

I, James R. Swartwout,certify that:

1.             I have reviewed this Quarterly Report on Form 10-Qof Summa Industries;

2.             Based on my knowledge, this Quarterly Report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this Quarterly Report;

3.             Based on my knowledge, the financial statements, andother financial information included in this Report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this QuarterlyReport;

4.             The registrant’s other certifying officers and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)),for the registrant and we have:

(a)           designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisQuarterly Report is being prepared;

(b)           evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this QuarterlyReport our conclusions about the effectiveness of the disclosure controls andprocedures as of the end of the period covered by this report based on suchevaluation; and

(c)           Disclosed in this Quarterly Reportany change in the registrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

5.             The registrant’s other certifying officers and I havedisclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalentfunctions):

(a)           all significant deficiencies in thedesign or operation of internal controls over financial reporting which arereasonably likely to adversely affect the registrant’s ability to record,process, summarize and report financial information; and

(b)           any fraud, whether or not material,that involves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.
|   |    /s/ James  R. Swartwout |   |
|--------|-------------------------------------------|--------|
|   | James R.  Swartwout                       |
|   | Chief Executive  Officer                  |
|   | Chief Financial  Officer                  |
|   | July 12,  2006                       |

 

----
[Federal Register Volume 62, Number 70 (Friday, April 11, 1997)]
[Notices]
[Page 17830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9368]


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

FEDERAL TRADE COMMISSION

[Dkt. C-3714]


Mazda Motors of America, Inc.; Prohibited Trade Practices, and 
Affirmative Corrective Actions

AGENCY: Federal Trade Commission.

ACTION: Consent order.

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

SUMMARY: In settlement of alleged violations of federal law prohibiting 
unfair or deceptive acts or practices and unfair methods of 
competition, this consent order prohibits, among other things, a 
California-based automobile manufacturer from misrepresenting the total 
amount due at lease inception, requires the manufacturer to provide 
consumers with clear, readable, and understandable cost information in 
their car lease and financed purchase advertising, requires 
advertisements that reference an initial payment or state that no 
initial payment is due to clearly and conspicuously disclose, as 
applicable, that the deal is a lease, and to disclose the fact that an 
extra charge may be imposed at the end of the lease based on the 
residual value of the car.
DATES: Complaint and Order issued February 6, 1997.\1\

    \1\ Copies of the Complaint and the Decision and Order are 
available from the Commission's Public Reference Branch, H-130, 6th 
Street & Pennsylvania Avenue, N.W., Washington, D.C. 20580.
---------------------------------------------------------------------------

FOR FURTHER INFORMATION CONTACT:
David Medine, FTC/S-4429, Washington, D.C. 20580. (202) 326-3224.

SUPPLEMENTARY INFORMATION: On Thursday, December 5, 1996, there was 
published in the Federal Register, 61 FR 64524, a proposed consent 
agreement with analysis In the Matter of General Motors Corporation and 
Mazda Motors of America, Inc., for the purpose of soliciting public 
comment. Interested parties were given sixty (60) days in which to 
submit comments, suggestions or objections regarding the proposed form 
of the order.

    No Comments having been received, the Commission has ordered the 
issuance of the complaint in the form contemplated by the agreement, 
made its jurisdictional findings and entered an order to cease and 
desist, as set forth in the proposed consent agreement, in disposition 
of this proceeding.

(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 
Stat. 719, as amended; 82 Stat. 146, 147; 15 U.S.C. 45, 1601, et 
seq.; 15 U.S.C. 1667-1667e; 12 CFR 226)
Donald S. Clark,
Secretary.
[FR Doc. 97-9368 Filed 4-10-97; 8:45 am]
BILLING CODE 6750-01-M
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
N OT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED AARO N HAMILTON , Appel lant ,
v. Case No. 5D 17 -3 57 9 CORRECTED STATE OF FLORIDA ,

Appellee

.

________________________________ Opini on filed February 27, 2 01 8 3.800 Appeal from the Circuit Court for Marion County , Anthony M. Tatti , Judge. Aaron Hamilton, Cross City, pro se. No Appearance for Appellee.

PER CURI AM.
AFFIR MED

. See Rusaw v. State , 451 So. 2d 469, 470 (Fla. 1984); State v. Young , 579 So. 2d 380 (Fla. 5th DCA 1991).

TORPY , WALLIS and EDWARDS , JJ., concur.
Exhibit 31.1I, Brad Honigfeld, certify that: 1. I have reviewed this annual report on Form 10-K of Orange REIT, Inc.;  2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect tothe period covered by this report;  3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in thisreport;  4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have: a. Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this report is being prepared;  b. Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and  c. Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter inthe case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and 5. The registrant’s other certifying officer and I have disclosed, basedon our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions): a. All significant deficiencies and material weaknessesin the design or operation of internal control overfinancial reporting which are reasonably likely toadversely affect the registrant’s ability to record,process, summarize and report financial information;and  b. Any fraud, whether or not material, that involvesmanagement or other employees who have a significantrole in the registrant’s internal control overfinancial reporting.     Date: March 31, 2008 /s/ Brad Honigfeld Chairman (Principal Executive Officer)
<PAGE>


Exhibit 3. Articles of Incorporation and Bylaws.


The Amendments to the Articles of Incorporation of The Rouse Company adopted May
     26, 1988 and the Amended and Restated Articles of Incorporation of The
     Rouse Company, dated May 27, 1988, are incorporated by reference from the
     Exhibits to the Company's Form 10-K Annual Report for the fiscal year ended
     December 31, 1988.

The Articles of Amendment to the Amended and Restated Articles of Incorporation
     of The Rouse Company, which Articles of Amendment were effective January
     10, 1991, are incorporated by reference from the Exhibits to the Company's
     Form 10-K Annual Report for the fiscal year ended December 31, 1990.

The Articles Supplementary to the Charter of The Rouse Company, dated February
     17, 1993, are incorporated by reference from the Exhibits to the Company's
     Form 10-K Annual Report for the fiscal year ended December 31, 1992.

The  Articles Supplementary to the Charter of The Rouse Company, dated September
     26, 1994, are incorporated by reference from the Exhibits to the Company's
     S-3 Registration Statement (No. 33-57707).

The  Articles Supplementary to the Charter of The Rouse Company, dated December
     27, 1994, are incorporated by reference from the Exhibits to the Company's
     S-3 Registration Statement (No. 33-57707).

The  Articles Supplementary to the Charter of The Rouse Company, dated June 5,
     1996, are incorporated by reference from the Exhibits to the Company's S-3
     Registration Statement (No. 333-20781).

The  Articles Supplementary to the Charter of The Rouse Company, dated June 11,
     1996, are incorporated by reference from the Exhibits to the Company's Form
     S-3 Registration Statement (No. 333-20781).

The  Articles Supplementary to the Charter of The Rouse Company, dated February
     21, 1998, are incorporated by reference from the Exhibit to the Company's
     Current Report on Form 8-K, dated February 26, 1998.

The  Bylaws of The Rouse Company, as amended November 19, 1996 and January 30,
     1998, are incorporated by reference from the Exhibits to the Company's Form
     S-3 Registration Statement (No. 333-20781).

The  Amendments to the Bylaws of The Rouse Company, effective February 24, 2000,
     and the Articles Supplementary to the Charter of The Rouse Company, dated
     February 24, 2000, are incorporated by reference from the Exhibits to the
     Company's Current Report on Form 8-K, dated February 29, 2000.

<PAGE>

All documents referred to above may be found in Commission file number 0-1743.
[Federal Register Volume 62, Number 69 (Thursday, April 10, 1997)]
[Notices]
[Page 17640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9236]


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

DEPARTMENT OF LABOR


Labor Advisory Committee for Trade Negotiations and Trade Policy; 
Meeting Notice

    Pursuant to the provisions of the Federal Advisory Committee Act 
(Pub. L. 92-463 as amended), notice is hereby given of a meeting of the 
Steering Subcommittee of the Labor Advisory Committee for Trade 
Negotiations and Trade Policy.

    Date, time and place: April 24, 1997, 11:00 am, U.S. Department 
of Labor, Room S4215-B, 200 Constitution Ave., NW, Washington, D.C. 
20210.
    Purpose: The meeting will include a review and discussion of 
current issues which influence U.S. trade policy. Potential U.S. 
negotiating objectives and bargaining positions in current and 
anticipated trade negotiations will be discussed. Pursuant to 
section 9(B) of the Government in the Sunshine Act, 5 U.S.C. 
552b(c)(9)(B) it has been determined that the meeting will be 
concerned with matters the disclosure of which would seriously 
compromise the Government's negotiating objectives or bargaining 
positions. Accordingly, the meeting will be closed to the public.
    For further information, contact: Jorge Perez-Lopez, Director, 
Office of International Economic Affairs Phone: (202) 219-7597.

    Signed at Washington, D.C. this 3rd day of April 1997.
Andrew J. Samet,
Acting Deputy Under Secretary, International Affairs.
[FR Doc. 97-9236 Filed 4-9-97; 8:45 am]
BILLING CODE 4510-28-M
**Exhibit24: Power of Attorney**

The undersigneddirectors of The Ryland Group, Inc., a Maryland corporation, constitute andappoint Timothy J. Geckle the true and lawful agent and attorney-in-fact of theundersigned, with full power and authority in said agent and attorney-in-factto sign for the undersigned, in their respective names as directors of TheRyland Group, Inc., the Annual Report on Form 10-K of The Ryland Group, Inc.for the fiscal yearended December 31, 2006, and any amendment thereto to be filed with theSecurities and Exchange Commission under the Securities Exchange Act of 1934,as amended.
| *Dated: February 28, 2007* | ***/s/ Daniel T. Bane***           |
|----------------------------|------------------------------------|
|                       | Daniel T. Bane,  *Director*        |
|                       |                               |
|                       | ***/s/ Leslie M. Frécon***    |
|                       | Leslie M. Frécon,  *Director* |
|                       |                               |
|                       | ***/s/ Roland A. Hernandez***      |
|                       | Roland A. Hernandez,  *Director*   |
|                       |                               |
|                       | ***/s/ William L. Jews***          |
|                       | William L. Jews,  *Director*       |
|                       |                               |
|                       | ***/s/ Ned Mansour***              |
|                       | Ned Mansour, *Director*            |
|                       |                               |
|                       | ***/s/ Robert E. Mellor***         |
|                       | Robert E. Mellor,  *Director*      |
|                       |                               |
|                       | ***/s/ Norman J. Metcalfe***       |
|                       | Norman J. Metcalfe,  *Director*    |
|                       |                               |
|                       | ***/s/ Charlotte St. Martin***     |
|                       | Charlotte St. Martin,  *Director*  |
|                       |                               |
|                       | ***/s/ Paul J. Varello***          |
|                       | Paul J. Varello,  *Director*       |
|                       |                               |
|                       | ***/s/ John O. Wilson***           |
|                       | John O. Wilson,  *Director*        |

 

----
Exhibit 23


Consent of Independent Registered Public Accounting Firm

We have issued our report dated March 31, 2008, accompanying the consolidated
financial statements and schedule in the 2007 Annual Report of Valpey-Fisher
Corporation (formerly known as MATEC Corporation) and subsidiaries on Form 10-K
for the year ended December 31, 2007. We hereby consent to the incorporation by
reference of said report in Registration Statements of Valpey-Fisher Corporation
on Form S-8 (File No. 333-116001, effective May 28, 2004, File No. 333-67726,
effective August 16, 2001, File No. 333-94491, effective January 12, 2000 and
File No. 033-77554, post-effective amendments November 1, 1999).


/s/ Grant Thornton LLP

Boston, Massachusetts
March 31, 2008


                                       66