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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-7088

JERRY WAYNE MELTON,

Petitioner - Appellant,

v.

CARLTON JOYNER, STATE OF NORTH CAROLINA,

Respondents - Appellees.

Appeal from the United States District Court for the Middle 

District of North Carolina, at Greensboro. Catherine C. Eagles, 

District Judge. (1:13-cv-00145-CCE-LPA)

Submitted: October 17, 2013 Decided: October 21, 2013

Before AGEE, DAVIS, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jerry Wayne Melton, Appellant Pro Se. Clarence Joe DelForge, 

III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North 

Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Jerry Wayne Melton seeks to appeal the district 

court’s order dismissing as untimely his 28 U.S.C. § 2254 (2006)

petition. The order is not appealable unless a circuit justice 

or judge issues a certificate of appealability. 28 U.S.C. 

§ 2253(c)(1)(A) (2006). 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) (2006). 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 petition 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 Melton has not made the requisite showing. Accordingly, we 

deny a certificate of appealability, deny Melton’s motion for 

transcripts, and dismiss the appeal. We dispense with oral 

argument because the facts and legal contentions are adequately 
3

presented in the materials before this court and argument would 

not aid the decisional process. 

DISMISSED
Order entered October 18, 2012

In The

Qtourt of 1ppcat

jfiftIj ttrftt of Jrcxa at afta

No, 05-12-00595-CV

BILLY AND CANDACE SCHOPPE, Appellants

V.

DEUTSCHE BANK NATIONAL TRUST COMPANY, ET AL., Appellees

On Appeal from the 192nd District Court

Dallas County, Texas

Trial Court Cause No. DC-09-10731

ORDER

The Court has before it appellants’ October 15, 2012 unopposed motion to extend

deadline to file reply brief. The Court GRANTS the motion and ORDERS that any reply be

filed by October 30, 2012,

MOLLY FRØCIS
#### Maggie D. Arrington, Respondent, v Larry Cohen, Appellant.

[53 NYS3d 450]

Appeal from an order of the Supreme Court, Erie Court (Joseph R. Glownia, J.), entered April 7, 2016. The order denied the motion of defendant for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the first cause of action, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when defendant’s dog bit her face. We agree with defendant that Supreme Court erred in *1696denying that part of his motion seeking summary judgment dismissing the first cause of action, alleging common-law negligence *(see Lista v Newton,*41 AD3d 1280, 1282 [2007]), and we therefore modify the order accordingly. We further conclude, however, that the court properly denied that part of the motion seeking summary judgment dismissing the second cause of action, for strict liability, inasmuch as “defendant’s own submissions in support of the motion raise a triable issue of fact whether [his] dog had vicious propensities and, if so, whether [he] knew or should have known of those propensities” *(Lewis v Lustan,*72 AD3d 1486, 1486 [2010]; *see generally Collier v Zambito,*1 NY3d 444, 446 [2004]). Defendant submitted the records of a dog daycare facility stating that defendant’s dog “snapped at” and “growl [ed] at” other dogs “for no reason,” and that the dog “continued to growl and snap” as he was led out of the room by an employee. The records reflect that defendant was notified of the dog’s behavior by telephone. The dog was described in the records as “unpredictable,” and was not permitted to return to the daycare facility following the three-day trial period. Defendant also submitted plaintiff’s deposition testimony wherein she testified that, on the night of the incident, defendant saw that the dog “nipped at” plaintiff when she entered defendant’s home, and shortly thereafter the dog bit plaintiff’s face.

Present—Whalen, P.J., Smith, Centra, Peradotto and Scudder, JJ.
2017-1664.

#### In re Application of Ohio Edison Co.

Public Utilities Commission, No. 14-1297-EL-SSO. On motion of Ohio Energy Group, Ohio Edison Company, the Cleveland Electric Illuminating Company, and the Toledo Edison Company for leave to intervene as appellees. Motion granted.
#### Lauren Brenner et al., Appellants, v Reiss Eisenpress, LLP, et al., Respondents.

[63 NYS3d 238]—

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered on or about August 11, 2016, which granted defendants’ motion to dismiss the complaint, unanimously modified, on the law, the motion denied with respect to the breach *438of contract and breach of fiduciary duty claims, and otherwise affirmed, without costs.

In this action commenced by plaintiffs against defendants based on defendants’ representation of plaintiffs in an underlying federal court action, dismissal of the legal malpractice claim was proper since the claim rested on retrospective complaints about the outcome of defendants’ strategic choices and tactics, without any facts cited to support a claim that the choices were unreasonable *(see Kassel v Donohue,*127 AD3d 674 [1st Dept 2015], *lv dismissed*26 NY3d 940 [2015]; *Dweck Law Firm v Mann,*283 AD2d 292 [1st Dept 2001]). The failure to anticipate the trial court’s evidentiary rulings with respect to the expert report does not establish negligence *(see Leder v Spiegel,*9 NY3d 836, 837 [2007], *cert denied*552 US 1257 [2008]).

However, the breach of contract and breach of fiduciary duty claims should be reinstated. They are based on billing issues and are not duplicative of the claims regarding the alleged mishandling of the trial *(see Ulico Cas. Co. v Wilson, Elser, Moskowitz, Edelman & Dicker,*56 AD3d 1, 8 [1st Dept 2008]).

The court correctly concluded that the action was timely based on the continuous representation doctrine. It was undisputed that defendants’ filed a memorandum of law on plaintiffs’ behalf on November 7, 2011, which was less than three years prior to the filing of the complaint.

Concur— Manzanet-Daniels, J.P., Andrias, Gische, Kern and Singh, JJ.
160 A.3d 699

#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TYRONE DANIELS (A/K/A ICE CREAM, AND CREAM), DEFENDANT-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 denied.
No. 09-1235.

#### Shoodley Lee Cherichel, Petitioner v. Eric H. Holder, Jr., Attorney General.

562 U.S. 828, 131 S. Ct. 74,

178 L. Ed. 2d 25,

2010 U.S. LEXIS 6739.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

Same case below, 591 F.3d 1002.
#### The People of the State of New York, Respondent, v Mady Diabate, Appellant.

[62 NYS3d 802]—

Judgment, Supreme Court, New York County (Michael J. Obús, J.), rendered February 19, 2015, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree, and sentencing him to a term of 90 days, concurrent with four years’ probation, unanimously affirmed.

Defendant, who contends that his plea was involuntary because the court never advised him that he could be deported as a result of his plea *(see People v Peque,*22 NY3d 168 [2013], *cert denied*574 US —, 135 S Ct 90 [2014]), has not established that the exception to the preservation requirement set forth in *Peque {id.*at 182-183) should apply. The record demonstrates that defendant knew of his potential deportation, by virtue of the notice of immigration consequences served upon him, and the fact that his counsel had “fully discussed” the “immigration aspect” of the case and “gone over all the relevant questions.” Review of defendant’s unpreserved claim in the interest of justice is unwarranted, because the circumstances of the plea render it highly unlikely that defendant could make the requisite showing of prejudice under *Peque {id.*at 198-201) if granted a hearing.

Defendant made a valid waiver of his right to appeal *(see People v Bryant,*28 NY3d 1094 [2016]), which forecloses review of his excessive sentence claim. Regardless of whether defendant validly waived his right to appeal, we perceive no basis for reducing the sentence.

Concur—Tom, J.R, Renwick, Mazzarelli, Oing and Singh, JJ.
# Logistics on Location: Operation Deep Freeze 

/ Published Feb. 4, 2020
San Diego, California, 
The Defense Logistics Agency provides supplies to Antarctica and the South Pole during Operation Deep Freeze in support of three primary customers: the National Science Foundation, Naval Expeditionary Warfare Center and Naval Surface Warfare Center. A new video depicts how employees from DLA Distribution San Diego, California, support the mission by lending their expertise in packing items for extreme cold at Port Hueneme, California.

Operations Manager Michael Davis describes the Port Hueneme Shipping Terminal as “a mining town in the middle of nowhere.” The annual packing mission included food, clothing, paper products, dishes, cleaning supplies, and electrical equipment for scientists and engineers.

                                                                                                          View the video on YouTube.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION

Cause Number: 01-21-00703-CV

Trial Court Cause 

Number: 2019-07703

Style: City of Houston v. Shadi M. Sukhta

Date motion filed*: August 5, 2022

Type of motion: Motion for Rehearing

Party filing motion:

Document to be filed:

Is appeal accelerated? YES NO

Ordered that motion is:

Granted

If document is to be filed, document due: 

Absent extraordinary circumstances, the Court will not grant additional motions to extend time

Denied

Dismissed (e.g., want of jurisdiction, moot)

Other: _____________________________________ 

Judge's signature: /s/ Sherry Radack

 Acting individually Acting for the Court

Panel consists of Chief Justice Radack and Justices Goodman and Hightower

Date: August 23, 2022
[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Notices]
[Page 29725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14345]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP98-223-000]


Viking Gas Transmission Company; Notice of Proposed Changes in 
FERC Gas Tariff

May 26, 1998.
    Take notice that on May 20, 1998, Viking Gas Transmission Company 
(Viking) tendered for filing as part of its FERC Gas Tariff, First 
Revised Volume No. 1 the tariff sheets listed on Appendix A to the 
filing. For Sheet No. 24, Viking requests an effective date of April 1, 
1997 consistent with the Commission's ``Order Accepting Tariff Sheets 
Subject to Conditions'' issued in Docket No. RP97-249-000 on March 26, 
1997, 78 FERC para. 61,331 (``March 26, 1997 Order''). For all other 
tariff sheets listed on Appendix A, Viking requests an effective date 
of June 20, 1998.
    Viking states that the purpose of this filing is to clean-up 
Viking's tariff by (1) removing Rate Schedule FT-GS; (2) correcting 
Viking's Rate Schedule IT, Sheet No. 24, to reflect properly the 
incorporation of negotiated rate language accepted by the Commission in 
its March 26, 1997 Order; and (3) making miscellaneous corrections.
    Viking states that copies of the filing have been mailed to all of 
its jurisdictional customers and to affected state regulatory 
commissions.
    Any person desiring to be heard or to protest this filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in 
accordance with Sections 385.214 and 385.211 of the Commission's Rules 
and Regulations. All such motions or protests must be filed as provided 
in Section 154.210 of the Commission's Regulations. Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceedings. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection in the Public Reference Room.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 98-14345 Filed 5-29-98; 8:45 am]
BILLING CODE 6717-01-M
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2176 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2176

To amend title XVIII of the Social Security Act to provide for a 5-year 
  extension of the medicare-dependent, small, rural hospital payment 
                  provisions, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 June 9 (legislative day, June 7), 1994

 Mr. Grassley introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend title XVIII of the Social Security Act to provide for a 5-year 
  extension of the medicare-dependent, small, rural hospital payment 
                  provisions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MEDICARE-DEPENDENT, SMALL, RURAL HOSPITAL PAYMENT EXTENSION.

    (a) In General.--
            (1) Special treatment extended.--Section 1886(d)(5)(G) of 
        the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is 
        amended--
                    (A) in clause (i), by striking ``October 1, 1994'' 
                and inserting ``October 1, 1999''; and
                    (B) in clause (ii)(II), by striking ``October 1, 
                1994'' and inserting ``October 1, 1999''.
            (2) Permitting hospitals to decline reclassification.--
        Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 
        1993 (42 U.S.C. 1395ww note) is amended by striking ``or fiscal 
        year 1994'' and inserting ``, fiscal year 1994, fiscal year 
        1995, fiscal year 1996, fiscal year 1997, fiscal year 1998, or 
        fiscal year 1999''.
            (3) Extension of target amount.--Section 1886(b)(3)(D) of 
        the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is 
        amended--
                    (A) in the matter preceding clause (i), by striking 
                ``March 31, 1993'' and inserting ``September 30, 
                1999'';
                    (B) in clause (ii), by striking ``1994'' and 
                inserting ``1999''; and
                    (C) in clause (iii)--
                            (i) by striking ``1994'' and inserting 
                        ``1999''; and
                            (ii) by striking ``1993'' and inserting 
                        ``1998''.
    (b) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the Omnibus Budget 
Reconciliation Act of 1993.

                                 <all>
```
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|View History:  Monthly  Annual Download Data (XLS File)                    
|View History:  Monthly  Annual                                              
|View History:  Monthly  Annual                                              
|View History:                                                               
|                                                                            
|Liquefied U.S. Natural Gas Exports by Vessel to Jamaica (Million Cubic Feet)
|                                                                            
|                                                                            
|Liquefied U.S. Natural Gas Exports by Vessel to Jamaica (Million Cubic Feet)
|                                                                            

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2010's                                                                                                                            |        |        |        |        |        |        |        | 0      | 1,303  | 13,892
|2020's                                                                                                                            | 17,052 | 25,276 | 1,516  | 9,048  |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
# Breast cancer survivors show strength on the water

/ Published Oct. 21, 2019
SAARBRUCKEN, Germany, 
In observance of breast cancer awareness month, Defense Logistics Agency Energy Europe & Africa employees and family members participated in the Abreast in a Boat dragon boat regatta in Saarbrucken, Germany, Oct. 12. 

Nikita Crutcher, a breast cancer survivor and wife of DLA Energy Europe & Africa Quality Manager Michael Crutcher, has paddled with teams across the world. 

“I have paddled with several teams in my 13 years of dragon boating,” said Nikita Crutcher. “Breast Cancer survivors are a sisterhood without barriers. We show our strength on the water.”

Abreast in a Boat, a registered charitable society, began primarily as a community recreational activity to enable women living with breast cancer to reclaim their healthy lifestyles. There is now an International Breast Cancer Paddlers' Commission and more than 140 breast cancer survivor dragon boat teams paddling in 12 different countries.

“Dragon boating is an excellent team sport and a total body workout,” said Michael Crutcher. “The steersman, drummer, and 20 paddlers have to be in sync; 22 parts equal one machine. Just like fighting breast cancer, it’s about a team, family or community working together towards a common goal.”

John Phinisey, Deputy Director of DLA Energy Europe & Africa strongly supports breast cancer awareness. 

“Every day, we focus on supporting the Warfighter’s energy needs,” Phinisey said. “When I heard the reason why Mrs. Crutcher started dragon boating, I wanted to show my support. Each one of us has a unique story and that story enables us to be our best every day. We are more than energy, we are a family!”

According to breastcancer.org, about 1 in 8 U.S. women (about 12%) will develop invasive breast cancer over the course of her lifetime. Over the last decade, the rate of getting breast cancer has not changed for women overall, but the rate has increased for black women and Asian and Pacific Islander women.

Nikita Crutcher and her team, the Pink Ladies, competed in the Monkey Jumble Saarbrucken 2019, Europe's largest dragon boat long distance regatta to raise awareness about the disease and about life after breast cancer. 

“We are all survivors,” Nikita Crutcher said. “Someday, we will defeat breast cancer.
[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Notices]
[Page 30024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14543]


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

DEPARTMENT OF LABOR

Office of the Assistant Secretary for Veterans' Employment and Training


Secretary of Labor's Advisory Committee for Veterans' Employment 
and Training; Open Meeting

    The Secretary's Advisory Committee for Veterans' Employment and 
Training was established under section 4110 of title 38, United States 
Code, to bring to the attention of the Secretary, problems and issues 
relating to veterans' employment and training.
    Notice is hereby given that the Secretary of Labor's Advisory 
Committee for Veterans' Employment and Training will meet on Monday, 
June 22, 1998, at the U.S. Department of Labor, 200 Constitution 
Avenue, NW., Room S-2508, Washington, DC 20210 from 9 a.m. to 1 p.m.
    Written comments are welcome and may be submitted by addressing 
them to: Ms. Polin Cohanne, Designated Federal Official, Office of the 
Assistant Secretary for Veterans' Employment and Training, U.S. 
Department of Labor, 200 Constitution Avenue, NW, Room S-1315, 
Washington, DC 20210.
    The primary items on the agenda are:
    <bullet> Adoption of Minutes of the Previous Meeting
    <bullet> Update on Interagency Task Force on Certification and 
Licensing of Military Personnel
    <bullet> Update on Pilot Programs to Ensure Priority of Service on 
America's Job Bank/America's Talent Bank
    <bullet> Update on Vocational Rehabilitation and Counseling
    <bullet> Rechartering of Advisory Committee
    The meeting will be open to the public.
    Persons with disabilities needing special accommodations should 
contact Ms. Polin Cohanne at telephone number 202-219-9116 no later 
than June 15, 1998.

    Signed at Washington, DC, this May 29, 1998.
Espiridion (Al) Borrego,
Assistant Secretary of Labor for Veterans' Employment and Training.
[FR Doc. 98-14543 Filed 6-1-98; 8:45 am]
BILLING CODE 4510-79-M
No. 12-756.

#### Hays *v.*Town of Gauley Bridge, West Virginia, et al.

C. A. 4th Cir. Certiorari denied.
AVX Corporation Form 10-K FY06 Exhibit 10.13 - Disclosure and Option Agreement


    EXHIBIT
      10.13

    


    SECOND
      AMENDMENT dated as of March 31, 2006 to:

    


    DISCLOSURE
      AND OPTION TO LICENSE AGREEMENT (the “Agreement”) dated as of April 1, 2000, by
      and between KYOCERA CORPORATION, a corporation organized under the laws of
      Japan, and AVX CORPORATION, a Delaware corporation, and Amended on March 31,
      2005.

    


    In
      accordance with Article VIII, Section 8.01 of the Agreement, Kyocera Corporation
      and AVX Corporation agree to continue the Agreement for one year to April 1,
      2007 upon the existing terms.

    


    IN
      WITNESS WHEREOF, the parties have caused this Amendment to be duly executed
      as
      of the date first written above.

    


    KYOCERA
      CORPORATION   AVX
      CORPORATION

    


    By       By

    /s/
      Yasuo Nishiguchi    
      /s/
      John S. Gilbertson 

    


    Name:
      Yasuo Nishiguchi    Name:
      John S. Gilbertson

    Title:
      Chairman and CEO   Title:
      Chief Executive Officer

    And
      President