alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-10429 Conference Calendar

BRENDA ROBERTSON FINE, Petitioner-Appellant,

versus JOSEPH B. BOGAN, Warden; CARSWELL FEDERAL MEDICAL CENTER; FEDERAL BUREAU OF PRISONS; UNITED STATES DEPARTMENT OF JUSTICE, Respondents-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:00-CV-127-Y

- - - - - - - - - - October 17, 2000 Before SMITH, and BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM: * Brenda Robertson Fine, federal prisoner # 27050-077, appeals from the dismissal with prejudice of her 28 U.S.C. § 2241 petition. The district court held, because Fine was challenging errors that were alleged to have occurred during or before sentencing, her claims must be raised in a motion filed pursuant to 28 U.S.C. § 2255 and that the only court with jurisdiction to consider her § 2255 motion was the district court in which she was sentenced. Fine argues on appeal that she is entitled toNo. 00-10429 -2- application of the “savings clause” of § 2255 because she is barred by limitations from filing a § 2255 motion. Fine has failed to show that the remedies provided for under § 2255 are inadequate or ineffective to test the legality of her detention. See Cox v. Warden, Fed. Detention Ctr. , 911 F.2d 1111, 1113 (5th Cir. 1990). The district court’s judgment is
AFFIRMED. Fine’s motion for appointment of counsel is DENIED.
AFFIRMED; MOTION DENIED.
Exhibit 21.1



SUBSIDIARIES



|                                   |  |                              
|---------------------------------- |  | -----------------------------
|Name                               |  | Jurisdiction of Incorporation
|Synplicity Deutschland GmbH        |  | Germany                      
|Synplicity Europe Ltd.             |  | United Kingdom               
|Synplicity France SARL             |  | France                       
|Synplicity International, Inc.     |  | United States                
|Synplicity Israel Ltd.             |  | Israel                       
|Synplicity Japan KK                |  | Japan                        
|Synplicity Software India Pvt. Ltd |  | India                        
|SYNP AB                            |  | Sweden
160 A.3d 711

#### STATE OF NEW JERSEY IN THE INTEREST OF J.A., A JUVENILE. (J.A.-PETITIONER)

February 13, 2017

ON PETITION FOR CERTIFICATION

To the Appellate Division, Superior Court:

A petition for certification of the judgment in [ A-XXXXXX-XX ] having been submitted to this Court, and the Court having considered the same;

It is ORDERED that the petition for certification is granted; and it is further

ORDERED that the appellant may serve and file a supplemental brief on or before April 14, 2017, and respondent may serve and file a supplemental brief forty-five (46) days after the filing of appellant’s supplemental submission, or, if appellant declines to file such a submission, on or before May 30, 2017.
<PAGE>   1
                                                                 EXHIBIT 24.3

                               POWER OF ATTORNEY

        The undersigned hereby appoints Robert T. Slezak as his agent and
attorney-in-fact for the purpose of executing and filing all reports on Form
10-K relating to the year ending September 26, 1997, and any amendments
thereto, required to be filed with the Securities and Exchange Commission by
AmeriTrade Holding Corporation.

        IN WITNESS WHEREOF, the undersigned has executed this Power of Attorney
as of the 18th day of December, 1997.


                                       /s/  Charles L. Marinaccio
                                       -------------------------------------
                                       Charles L. Marinaccio, Director
No. 12-925.

#### Lewis *v.*Suthers, Attorney General of Colorado, et al.

C. A. 7th Cir. Certiorari denied.
2017-0204.

#### In re Application of Dayton Power & Light Co.

Public Utilities Commission, Nos. 12-426-EL-SSO, 12-427-EL-ATA, 12-428-ELAAM, 12-429-EL-WVR, and 12-672-EL-RDR. On motion of the Dayton Power and Light Company for leave to intervene as appellee. Motion granted.
# DLA Distribution Japan provides COVID-19 protective equipment to 21 ships in the Pacific area of responsibility

/ Published June 3, 2020
YOKOSUKA, Japan, 
Invisible to the naked eye, COVID-19 has emerged a ruthless foe and personal protective equipment a means to defend the novel adversary. Defense Logistics Agency Distribution Yokosuka, Japan, has met the coronavirus challenge head-on, providing PPE to 21 ships in the Pacific.

                200520-N-HW207-2005PACIFIC OCEAN (May 20, 2020) Aerographer's Mate 3rd Class Daniel Campos, from Manassas, Va., measures wind speed and direction using a handheld anemometer aboard the aircraft carrier USS Abraham Lincoln (CVN 72). Abraham Lincoln is underway conducting routine operations in the U.S. 3rd Fleet area of operations. (U.S. Navy photo by Mass Communication Specialist Seaman Apprentice Louis Lea/Released)                            DLA Distribution Japan provides COVID-19 protective equipment to 21 ships in the Pacific area of responsibility                            200520-N-HW207-2005PACIFIC OCEAN (May 20, 2020) Aerographer's Mate 3rd Class Daniel Campos, from Manassas, Va., measures wind speed and direction using a handheld anemometer aboard the aircraft carrier USS Abraham Lincoln (CVN 72). Abraham Lincoln is underway conducting routine operations in the U.S. 3rd Fleet area of operations. (U.S. Navy photo by Mass Communication Specialist Seaman Apprentice Louis Lea/Released)            SHARE IMAGE:Download ImageImage DetailsPhoto By: Seaman Apprentice Louis LeaVIRIN: 200520-N-HW207-2005

“So many of our hi-priority ships are now in a much better position to protect themselves from this COVID-19 issue,” Navy Capt. Pamela Theorgood, assistant chief of staff, Logistics and Ordnance (N41) Commander, Naval Surface Force, U.S. Pacific Fleet, said.

As the virus swept through ships, the staff at DDYJ knew they had to act fast. “The first thing we did was to inspect our stock on hand — all 72,000 items — to see what could be used as PPE, including masks, respirators, gloves, aprons, coveralls, face shields, goggles and disinfectants to clean,” Hirobumi Ako, DDYJ, Storage Operations, said.

Finding significant PPE in stock, DDYJ employees then collaborated with 7th Fleet Personnel to distribute over 16,000 face masks, 186 thousand gloves, 1.5 thousand Tyvek-like coveralls and over 600 goggles to ships from Forward Deployment Naval Force Yokosuka, Japan, FDNF Sasebo, Japan, the USS Nimitz Strike Group and the USS Theodore Roosevelt to help control the transmission of the novel coronavirus.

“This was a total team effort. Our military, civilian and master labor contract employees picked, packed and shipped these critical supplies without any delay,” Jay Sternadel, DLA Distribution Yokosuka, Japan, deputy commander, said.
MEMORANDUM 

DATE: 5/14/15

TO: Clean Power Plan for Existing Power Plants; Docket Id: OAR–2013-0602

FROM: Allen Fawcett, EPA

SUBJECT: 5/13/15, NRDC Meeting Regarding Proposed Clean Power Plan for Existing 

Power Plants

SUMMARY

A meeting was held between EPA and the attendees listed below on 5/13/15 to discuss 

the treatment of biomass in the proposed Clean Power Plan for Existing Power Plants. The Clean

Power Plan for Existing Power Plants was proposed on June 2, 2014.

ATTENDEES

Sarah Dunham, OAR EPA

Paul Gunning, OAR EPA

Allen Fawcett, OAR EPA

Sara Ohrel, OAR EPA

Jefferson Cole, OAR EPA

Nathanael Green, NRDC

Sami Yassa, NRDC

Sasha Stashwick, NRDC

Ben Longstreth, NRDC

Debbie Hammel, NRDC
#### The People of the State of New York, Respondent, v Sidney Brown, Appellant.

[54 NYS3d 875]

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Warhit, J.), rendered February 4, 2016, convicting him of attempted murder in the second degree and strangulation in the second degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with *Anders v California*(386 US 738 [1967]), in which he moves for leave to withdraw as counsel for the appellant.

*537Ordered that the judgment is affirmed.

We are satisfied with the sufficiency of the brief filed by the defendant’s assigned counsel pursuant to *Anders v California*(386 US 738 [1967]), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is, therefore, granted *(see id.; Matter of Giovanni S. [Jasmin A.],*89 AD3d 252 [2011]; *People v Paige,*54 AD2d 631 [1976]; *cf. People v Gonzalez,*47 NY2d 606 [1979]).

Mastro, J.P., Hall, Cohen and Iannacci, JJ., concur.
498 P.2d 523

#### LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. Alan MacLEOD, also known as Allan McLeod or Allen McLeod, Appellee.

No. 1 CA-CIV 1773.

Court of Appeals of Arizona, Division 1.

June 29, 1972.

*450O’Connor, Cavanagh, Anderson, West-over, Killingsworth & Beshears, by John H. Lyons, Phoenix, for appellant.

Corbet & Esser by Fred R. Esser, Phoenix, for appellee.

KRUCKER, Chief Judge.

Appellant, Liberty Mutual Insurance Company, issued policies of insurance wherein they agreed to insure and indemnify Bausch and Lomb Company against loss sustained through fraudulent or dishonest acts by the employees of Bausch and Lomb Company. Appellee was a branch manager of Bausch and Lomb for the Phoenix, Arizona office and is alleged to have misappropriated and converted monies to his own use causing Bausch and Lomb to sustain a loss of $9,543.11. An action was brought against the appellee to recover this amount.

The trial court granted summary judgment in favor of the appellee and this appeal followed. The summary judgment was granted on the basis of the three-year statute of limitations applying to fraud or conversion, A.R.S. §§ 12-542 and 543. Appellant contends that the suit was based on a written contract of indemnity and that the six-year statute of limitations, A.R.S. § 12-548, would apply.

Appellee has failed to appear or file a brief, and this may be taken as a confession of reversible error under the provisions of Rule 5(d), Rules of the Supreme Court, 17 A.R.S., as amended. When a debatable issue is raised it will be taken as a confession of error if no response or answer is filed. Meinhard-Commercial Corp. v. Oxford Shops, Inc. et al., 13 Ariz. App. 592, 480 P.2d 13 (1971).

Applying the confession of error rule, we must determine if there is a debatable issue. Civil Service Employees Insurance Co. v. Sticht, 14 Ariz.App. 36, 480 P.2d 373 (1971).

In the appeal before us we have a suit for debt based upon a written contract or obligation and believe the six-year statute should apply. We will treat the *451failure to file an answering brief as confession of error in the application of the three-year statute.

Reversed.

HATHAWAY and HOWARD, JJ., concur.

Note: This cause was decided by the Judges of Division Two as authorized by A.R.S. § 12-120, subsec. E.
164 A.3d 389

#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANDRES ROJAS, DEFENDANT-PETITIONER.

March 16, 2017

ON PETITION FOR CERTIFICATION

To the Appellate Division, Superior Court:

A petition for certification of the judgment in [ A-XXXXXX-XX ] having been submitted to this Court, and the Court having considered the same;

It is ORDERED that the petition for certification is denied.
# L_2011324EN.01003101.xml

| 7.12.2011 | EN | Official Journal of the European Union | L 324/31 |
| --- | --- | --- | --- |

7.12.2011

EN

Official Journal of the European Union

L 324/31

---

COUNCIL DECISION

of 1 December 2011

appointing a Belgian member of the European Economic and Social Committee

(2011/811/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,

Having regard to the proposal of the Belgian Government,

Having regard to the opinion of the European Commission,

Whereas:

| (1) | On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1). |
| --- | --- |

(1)

On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

| (2) | A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Robert de MÛELENAERE, |
| --- | --- |

(2)

A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Robert de MÛELENAERE,

HAS ADOPTED THIS DECISION:

Article 1

Baron Philippe de BUCK van OVERSTRAETEN, Director-General, BusinessEurope, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 1 December 2011.

For the Council

The President

W. KOSINIAK-KAMYSZ

---

(1)  
  OJ L 251, 25.9.2010, p. 8.

1

---
No. 12M95.

#### Jaffe *v.*Pregerson, Judge, United States District Court for the Central District of California, et al.

Motion to direct the Clerk to file petition for writ of certiorari out of time denied.
<PAGE>   1
                                                                   EXHIBIT 24.2



                              POWER OF ATTORNEY

        The undersigned hereby appoints Robert T. Slezak as his agent and
attorney-in-fact for the purpose of executing and filing all reports on Form
10-K relating to the year ending September 25, 1998, and any amendments
thereto, required to be filed with the Securities and Exchange Commission by
Ameritrade Holding Corporation.

        IN WITNESS WHEREOF, the undersigned has executed this Power of Attorney
as of the 24th day of November, 1998.





/s/ Thomas Y. Hartley
---------------------
Thomas Y. Hartley, Director
Exhibit 32.1

CERTIFICATION PURSUANT TO
                       SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,
                                 AS ADOPTED PURSUANT TO
                              SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, the undersigned, as chief executive officer of
Microvision, Inc. (the "Company"), does hereby certify that to the undersigned's knowledge:

1)     the Company's Form 10-Q for the quarter ended September 30, 2009
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 Company's Form 10-Q for the quarter ended September 30, 2009
fairly presents, in all material respects, the financial condition and results of operations of the Company.

|Date:October 30, 2009 | By: /s/ Alexander Y. Tokman   Alexander Y. Tokman 
 Chief Executive Officer
|--------------------- | ---------------------------------------------------------------------------

---
#### Jesus Corporan, Appellant, v Anita Erichsen et al., Respondents.

[49 NYS3d 678]

Order, Supreme Court, New York County (Arlene R Bluth, J.), entered on or about April 13, 2016, which granted defendants’ motion for summary judgment dismissing the action on the ground that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendants made a prima facie showing that plaintiff did not suffer any permanent consequential limitation or significant limitations of use in his shoulder or spine, by submitting the affirmed reports of their experts, who found no limitations in those body parts, and who concluded that plaintiff’s cervical and lumbar spine injuries were degenerative, and not causally related to the accident *(Johnson v Salaj,*130 AD3d 502, 502 [1st Dept 2015]).

Plaintiff failed to raise any triable issues of fact. A tear in the shoulder, without any evidence of limitations, is insufficient to raise a triable issue of fact *(Acosta v Zulu Servs., Inc.,*129 AD3d 640, 640 [1st Dept 2015]). Although plaintiff’s expert measured significant limitations in his cervical spine shortly after the accident, plaintiff submitted no evidence that he continued to have range of motion deficits or qualitative limitations *(Luetto v Abreu,*105 AD3d 558, 558 [1st Dept 2013]). Plaintiff’s expert did not make any qualitative assessments or observations of limitations of plaintiff’s lumbar spine until almost two years after the accident, which is insufficient to raise an issue of fact as to causation *(see Camilo v Villa Livery Corp.,*118 AD3d 586, 586-587 [1st Dept 2014]).

Defendants made a prima facie showing that plaintiff did not suffer a serious injury under the 90/180-day category by submitting evidence that plaintiff did not miss any work as a result of the accident *(DaCosta v Gibbs,*139 AD3d 487, 488 [1st Dept 2016]) and that plaintiff’s cervical and lumbar spine injuries were not causally related to the accident *(Camilo,*118 AD3d at 587). Given that plaintiff did not miss any work, plaintiff’s affidavit and his expert’s affidavit were insufficient to raise a triable issue of fact *(see Stevens v Bolton,*135 AD3d 647, 648-649 [1st Dept 2016]; *see also Gorden v Tibulcio,*50 AD3d 460, 463 [1st Dept 2008]).

Concur — Acosta, J.P., Renwick, Manzanet-Daniels, Webber and Gesmer, JJ.
No. 12-8642.

#### Doyle *v.*United States.

C. A. 7th Cir. Cer-tiorari denied.
#### The People of the State of New York, Respondent, v Brian Tuitt, Appellant.

[54 NYS3d 853]—

Order, Supreme Court, Bronx County (John S. Moore, J.), entered on or about March 13, 2015, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly exercised its discretion in following the Board of Examiners of Sex Offenders’ strong recommendation *412for an upward departure based on the seriousness and extent of defendant’s repeated sex crimes against children, which were not adequately accounted for in the risk assessment instrument, and which demonstrated a threat to public safety that outweighed the mitigating factors cited by defendant *(see generally People v Gillotti,*23 NY3d 841, 861 [2014]).

Concur— Tom, J.P., Richter, Manzanet-Daniels, Mazzarelli and Gische, JJ.
RE: Data request for O3 RIA

King, Heidi R. to: Kathy Kaufman 12/02/2009 04:10 PM

Cc: Ron Evans, David Misenheimer, Larry Sorrels, Tricia Crabtree, Lydia 

Wegman

Thanks!

h

-----Original Message-----

From: Kaufman.Kathy@epamail.epa.gov

[mailto:Kaufman.Kathy@epamail.epa.gov] 

Sent: Wednesday, December 02, 2009 4:08 PM

To: King, Heidi R.

Cc: Evans.Ron@epamail.epa.gov; Misenheimer.David@epamail.epa.gov;

Sorrels.Larry@epamail.epa.gov; Crabtree.Tricia@epamail.epa.gov;

Wegman.Lydia@epamail.epa.gov

Subject: Data request for O3 RIA

Heidi -- here's what we've got that addresses your questions as best we

can (in addition to the appendix Ron forwarded on Monday and attached

again below).

1) http://www.epa.gov/ttn/ecas/regdata/RIAs/3-ozoneriachapter3.pdf -

lists control measures (p. 3-11) and summarizes baseline emissions (p.

3-24)

2)

http://www.epa.gov/ttn/ecas/regdata/RIAs/3-OzoneRIAchapter3appendix_rev.

pdf

 - lists modeled control strategy emissions reductions by control

measure (beginning on p. 3a-2) and includes more details about the

control measures

3) http://www.epa.gov/ttn/ecas/regdata/RIAs/4-ozoneriachapter4.pdf -

lists emission reductions beyond the modeled control strategy for the

various analysis cut points (p. 4-16)

4) The draft appendix S1a and chapter S2 provide information on control

measures reductions and costs for .060 and .055 ppm.

This is the relevant material available in published and draft chapters.

Thanks.

-- Kathy

Kathy Kaufman

EPA/OAQPS Mail Code C439-02

Research Triangle Park, NC 27711

Phone 919 541 0102

Fax 919 541 5489
 From: Ron Evans/RTP/USEPA/US

 To: Heidi_R._King@omb.eop.gov

 Cc: Kathy Kaufman/RTP/USEPA/US@EPA, Tricia

Crabtree/RTP/USEPA/US@EPA, David Misenheimer/RTP/USEPA/US@EPA

 Date: 11/30/2009 05:07 PM

 Subject: Fw: Baseline (084) inventory for O3 RIA

Heidi, as we were preparing info for your request of the 23rd, we

discovered that an appendix to the ozone NAAQS RIA was not included in

your package. While it does not directly address the questions you are

raising, it doe provide some of the breakdowns which at least partially

address your questions. We are still planning to address your

questions directly over the next few days.

Ron Evans

Leader, Air Benefit & Cost Group

HEID/OAQPS/OAR/EPA

Mail Drop C-439-02

919-541-5488

(See attached file: S1a-Supplemental Analysis Appendix 10-8-09.docx)
# Incoming DLA Indo-Pacific military deputy commander visits Richmond

/ Published June 12, 2019
RICHMOND, VA, 
Army Col. Julia Bell visited Defense Logistics Agency Aviation on Defense Supply Center Richmond, Virginia, June 12. She is slated to take over July 19 as the military deputy commander for Defense Logistics Agency Indo-Pacific located at Joint Base Pearl Harbor-Hickam, Hawaii.

DLA Indo-Pacific is the agency’s primary liaison to U.S. Indo-Pacific Command, U.S. Forces Korea, U.S. Forces Japan and Alaska Command and provides a unified DLA interface for warfighters throughout the USINDOPACOM area of responsibility, integrating DLA support within the region and reaching back to other DLA activities in the continental United States for logistics solutions.

During her visit, Bell met with Charlie Lilli, deputy commander and Tanya Hill, chief of staff, and received a DLA Aviation overview brief, which included DLA Aviation’s support to the F-35 joint strike fighter, as well as mapping support. She also toured the new Aviation Operations Center.
#### Com. v. Wolfe 23

08/25/2016

93 MAL (2015)

23

. Justice MUNDY did not participate in the consideration or decision of this matter.

Dismissed

Pa.Super., 106 A.3d 800
<PAGE>
 
                                                                   EXHIBIT 23.1
 
              CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS
 
  We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-43325) pertaining to the Amended and Restated 1996 Stock
Plan, the 1997 Employee Stock Purchase Plan and the 1997 Director Option Plan
of our report dated February 9, 1998, with respect to the consolidated
financial statements of Somnus Medical Technologies, Inc., included in the
Annual Report (Form 10-K) for the year ended December 31, 1997.
 
                                          /s/ Ernst & Young LLP
 
Palo Alto, California
March 12, 1998
No. 12-8262.

#### Love *v.*Rivard, Warden.

C. A. 6th Cir. Certiorari denied.
No. 12-8677.

#### Perri *v.*United States.

C. A. 4th Cir. Cer-tiorari denied.