alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Ryan C. MCKENZIE, Petitioner, v. The STATE of Florida, Respondent.

No. 3D17-2249

District Court of Appeal of Florida, Third District.

Opinion filed January 24, 2018.

Ryan C. McKenzie, in proper person.

Pamela Jo Bondi, Attorney General, and Gabrielle Raemy Charest-Turken, Assistant Attorney General, for respondent.

Before LAGOA, EMAS, and SCALES, JJ.

LAGOA, J.

*405Petitioner, Ryan C. McKenzie ("McKenzie"), seeks a belated appeal of an order denying his second motion for post-conviction relief filed pursuant to Florida Rule of Civil Procedure 3.850. We grant the petition for a belated appeal.

On August 16, 2017, the trial court rendered its order denying McKenzie's motion for post-conviction relief, and the Miami-Dade Clerk of Court certified that a copy of the order was furnished by mail to McKenzie on August 18, 2017. In his sworn petition, McKenzie asserts that he is entitled to a belated appeal because he did not receive a copy of the order denying his motion until after the time for taking an appeal had expired. In addition to his sworn statement, McKenzie filed his prison mailroom log request regarding legal mail received during the relevant time period. McKenzie further filed a copy of the prison's mail log record received from a prison official where he is serving his sentence.

We directed the State to show cause why McKenzie should not be granted a belated appeal. In its response, the State contends that because the mail log provided by McKenzie is incomplete, it is possible that McKenzie received other legal mail, including the copy of the order, on other days between August 18, 2017, and September 25, 2017. However, a review of the prison mail log indicates that on September 25, 2017, McKenzie received legal mail from the Miami-Dade Clerk of Court, supporting McKenzie's allegation.

Accordingly, we find that McKenzie has established the right to obtain a belated appeal from the August 16, 2017, order denying his motion for post-conviction relief. *See**Brigham v. State*, 769 So.2d 1100, 1101 (Fla. 1st DCA 2000) ; *Funchess v. Moore*, 766 So.2d 348, 348-49 (Fla. 1st DCA 2000).

Petition granted.
Exhibit 31.1







CERTIFICATION OF SENIOR OFFICER IN CHARGE OF THE SERVICING FUNCTION OF THE SERVICER PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Martin Stremplat, certify that:



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



2.   I am responsible for reviewing the activities performed by the servicer and based on my knowledge and the compliance review conducted in preparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects;



3.   All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report.



In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: Citibank, NA.







Date: March 26, 2010

By: /s/ Martin Stremplat

Martin Stremplat

Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                         124,994
<SECURITIES>                                     1,215
<RECEIVABLES>                                   41,038
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               167,247
<PP&E>                                       3,943,835
<DEPRECIATION>                               1,571,541
<TOTAL-ASSETS>                               2,539,541
<CURRENT-LIABILITIES>                           18,722
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   2,520,819
<TOTAL-LIABILITY-AND-EQUITY>                 2,539,541
<SALES>                                              0
<TOTAL-REVENUES>                               238,797
<CGS>                                                0
<TOTAL-COSTS>                                   60,894
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                177,903
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            177,903
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   177,903
<EPS-BASIC>                                       6.52
<EPS-DILUTED>                                     6.52


</TABLE>
[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Notices]
[Page 15762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7743]



[[Page 15762]]

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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,099]


McMurray Fabrics, Inc., Aberdeen, NC; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on February 3, 2009 in response to a 
petition filed on behalf of workers of McMurray Fabrics, Inc., 
Aberdeen, North Carolina.
    The petitioners have requested that the petition be withdrawn. 
Therefore, the investigation under this petition has been terminated.

    Signed at Washington, DC, this 19th day of March 2009.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-7743 Filed 4-6-09; 8:45 am]
BILLING CODE 4510-FN-P
The Honorable Carol E. Jackson, United States District Judge for the Eastern 1 District of Missouri. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 98-1856

___________ Elmer Webb, Sr., * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Pulitzer Publishing Company, * * [UNPUBLISHED] Appellee. *

___________ Submitted: November 27, 1998 Filed: December 4, 1998

___________ Befo re McMILLIAN, RICHARD S. ARNOLD, and MORRIS SHEPPAR D ARNOLD, Circuit Judges.

___________ PER CURIAM. ElmerW ebb, Sr., appeals from the district court’s order granting summary 1 judgmentt o his employer in his action alleging race and age discrimination an d ret aliation. Having carefully reviewed the record and the parties’ submissions o n appeal, we affirm the judgment of the district court for the reasons it stated. See 8th Cir. R. 47B.-2-

A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM MEDICAL DISCOVERIES,
INC. JUNE 30, 1997 FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                          20,515
<SECURITIES>                                         0
<RECEIVABLES>                                   49,033
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                72,240
<PP&E>                                          79,313
<DEPRECIATION>                                (23,809)
<TOTAL-ASSETS>                                 135,497
<CURRENT-LIABILITIES>                          795,449
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     6,269,233
<OTHER-SE>                                 (7,246,379)
<TOTAL-LIABILITY-AND-EQUITY>                   135,497
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                  248,385
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              31,230
<INCOME-PRETAX>                              (279,615)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (279,615)
<EPS-PRIMARY>                                   (0.01)
<EPS-DILUTED>                                   (0.01)
        

</TABLE>
EX PARTE Michael SMITH

1151351 (2150493)

Supreme Court of Alabama.

November 10, 2016

**DECISION WITHOUT PUBLISHED OPINION**

Cert. denied.
Rebecca Ayn THUDIN a/k/a Rebecca A. Fenton, Doc #156957, Appellant, v. STATE of Florida, Appellee.

Case No. 2D15-5652

District Court of Appeal of Florida, Second District.

Opinion filed October 13, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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

Pursuant to 18 U.S.C. Section 1350, the undersigned Senior Vice President and Chief Financial Officer of HD Supply, Inc. (the Company), hereby
certifies that the Companys Annual Report on Form 10-K for the period ended January 31, 2010 (the Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act
of 1934, as amended, and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: April 13, 2010



/s/ Mark JamiesonMark JamiesonSenior Vice President and Chief Financial Officer


The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the
Report.
Exhibit 32.1

Certification of Principal Executive Officer

Under Section 906 of the Sarbanes-Oxley Act of
2002, 18 U.S.C. Section 1350

The undersigned hereby certifies, in his capacity as the Principal Executive Officer of Energy Partners, Ltd. (the
Company), that the Quarterly Report of the Company on Form 10-Q for the quarter ended June 30, 2009 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that the
information contained in such Report fairly presents, in all material respects, the financial condition and the results of operations of the Company.



|                                                         
|---------------------------------------------------------
|                                                         
|/s/ Alan D. Bell                                         
|Chief Restructuring Officer (Principal Executive Officer)

Dated: September 8, 2009
Emmanuel VERGANZO-SANTOS, Appellant, v. STATE of Florida, Appellee.

Case No. 2D15-4329

District Court of Appeal of Florida, Second District.

Opinion filed August 30, 2017.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of a meeting of the Microbiology, Infectious Diseases and AIDS Initial Review Group Microbiology and Infectious Diseases B Subcommittee.

The meeting will be closed to the public as indicated below in accordance with the provisions set forth in sections 552b(c)(6), Title 5 U.S.C., as amended for review, discussion, and evaluation of individual intramural programs and projects conducted by the National Institute of Allergy and Infectious Diseases, including consideration of personnel qualifications and performance, and the competence of individual investors, the disclosure of which would constitue a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         Microbiology, Infectious Diseases and AIDS Initial Review Group, Microbiology and Infectious Diseases B Subcommittee MID-B, February 2018.                    

*Date:*                         February 12-13, 2018.                    

*Time:*                         8:00 a.m. to 6:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Bahia Resort Hotel, 3999 West Mission Bay Drive, San Diego, CA 92109.                    

*Contact Person:*                         Ellen S. Buczko, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institutes of Health/NIAID, 6700B Rockledge Drive, MSC 7616, Bethesda, MD 20892-7616, 301-451-2676,                         *ebuczko1@niaid.nih.gov*.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)

Dated: January 10, 2018.

 Natasha M. Copeland,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2018-00867 Filed 1-18-18; 8:45 am]

 BILLING CODE 4140-01-P
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Registration Statement No. 333-162679 on Form S-8, Registration Statement
No. 333-168699 on Form S-3, and Registration Statement No. 333-182261 on Form S-3ASR of our reports dated February 28, 2014 relating to the consolidated financial statements of PennyMac Mortgage Investment Trust and subsidiaries
(the Company) and the effectiveness of the Companys internal control over financial reporting appearing in the Annual Report on Form 10-K of the Company for the year ended December 31, 2013, which was filed on February
28, 2014, as amended by this Annual Report on Form 10-K/A.



|                         
|-------------------------
|/s/ Deloitte & Touche LLP
|Los Angeles, California  
|March 12, 2014
[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Page 2631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00747]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14715-001]


Lock +<SUP>TM</SUP> Hydro Friends Fund XII; Notice of Surrender 
of Preliminary Permit

    Take notice that Lock +<SUP>TM</SUP> Hydro Friends Fund XII, 
permittee for the proposed Hepburn Street Dam Hydroelectric Project, 
has requested that its preliminary permit be terminated. The permit was 
issued on February 10, 2016, and would have expired on January 31, 
2019.\1\ The project would have been located on West Branch of the 
Susquehanna River, near Williamsport, Lycoming County, Pennsylvania.
---------------------------------------------------------------------------

    \1\ 154 FERC ] 62,094 (2016).
---------------------------------------------------------------------------

    The preliminary permit for Project No. 14715 will remain in effect 
until the close of business, February 9, 2018. But, if the Commission 
is closed on this day, then the permit remains in effect until the 
close of business on the next day in which the Commission is open.\2\ 
New applications for this site may not be submitted until after the 
permit surrender is effective.
---------------------------------------------------------------------------

    \2\ 18 CFR 385.2007(a)(2) (2017).

    Dated: January 10, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-00747 Filed 1-17-18; 8:45 am]
 BILLING CODE 6717-01-P
<TABLE> <S> <C>


<ARTICLE>                     5
                      
<MULTIPLIER>                  1
<CURRENCY>                    U.S. Dollars                
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               DEC-31-1999          
<PERIOD-START>                  JAN-01-1999    
<PERIOD-END>                    MAR-31-1999    
<EXCHANGE-RATE>                            1    
<CASH>                               172,032   
<SECURITIES>                               0    
<RECEIVABLES>                      3,311,294   
<ALLOWANCES>                         154,784   
<INVENTORY>                        3,726,685   
<CURRENT-ASSETS>                   7,246,966   
<PP&E>                             7,208,321   
<DEPRECIATION>                     1,926,003   
<TOTAL-ASSETS>                    12,534,421   
<CURRENT-LIABILITIES>              4,646,784   
<BONDS>                            1,935,683   
<PREFERRED-MANDATORY>                 28,918   
<PREFERRED>                                0   
<COMMON>                                   0   
<OTHER-SE>                         4,251,435   
<TOTAL-LIABILITY-AND-EQUITY>      12,534,421   
<SALES>                            6,615,048   
<TOTAL-REVENUES>                   6,644,207   
<CGS>                              5,092,939   
<TOTAL-COSTS>                      5,824,597   
<OTHER-EXPENSES>                     116,082   
<LOSS-PROVISION>                           0   
<INTEREST-EXPENSE>                   116,082   
<INCOME-PRETAX>                      703,528   
<INCOME-TAX>                         260,305   
<INCOME-CONTINUING>                  443,223   
<DISCONTINUED>                             0   
<EXTRAORDINARY>                            0   
<CHANGES>                                  0   
<NET-INCOME>                         443,223   
<EPS-PRIMARY>                          0.153   
<EPS-DILUTED>                          0.150   
        


</TABLE>
Exhibit 10.29
 AMENDMENT NO. 1 TO
EMPLOYMENT AGREEMENT
 AMENDMENT NO. 1 Amendment Employment Agreement LVSC Company Executive
 WHEREAS Code
 NOW, THEREFORE
 Defined Terms
 Amendment to Section 6(b) of the Employment Agreement.
  Amendment to Section 6(c) of the Employment Agreement.
  Amendment to Section 10(d)(vi) of the Employment Agreement.
 provided further




---



##### 



Amendment to Section 10(d)(viii) of the Employment Agreement.
 Timing of Certain Payments
 Amendment to Section 10(f) of the Employment Agreement.
  Further Amendment to Section 13 of the Employment Agreement
 Section 409A
 Section 409A
  2




---



##### 



Continuing Effect of Employment Agreement
 3




---



##### 



Governing Law
 Counterparts
 IN WITNESS WHEREOF
 LAS VEGAS SANDS CORP./s/ Sheldon G. AdelsonBy:
    
    Sheldon G. AdelsonIts:
    
    Chairman of the Board, CEO and TreasurerLAS VEGAS SANDS, LLC/s/ Sheldon G. AdelsonBy:
    
    Sheldon G. AdelsonIts:
    
    Chairman of the Board and TreasurerEXECUTIVE/s/ William P. WeidnerWilliam P. Weidner
 [Signature page to amendment to
Employment Agreement between the Company and William P. Weidner]
 4
MEMORANDUM

Date: October 24, 2013

Subject: Summary of September 5, 2013 call between the South Coast Air Quality

Management District and the Environmental Protection Agency on the exemptions proposed for the Tribal minor NSR Rule

From: Greg Nizich, EPA/OAQPS/ AQPD / NSRG

To: EPA Docket ID: EPA

- HQ

- OAR

- 20 03

- 0076

I. PURPOSE

This memorandum summarizes the September 5, 2013 tele conference between the Environmental Protection Agency (EPA) and representatives South Coast Air Quality Management District (SCAQMD)

. The purpose of this call was to obtain clarification about

comments from SCAQMD submitted in their August 2, 2013 comment letter on the Tribal minor

NSR Rule amendments proposed in the Federal Register on June 4, 2013

.

II. DATE

The call occurred between 1 :00 p m and 2: 0 0 pm EDT on September 5, 2013 at the Research Triangle Park, NC, campus of the U

. S

. EPA.

III. ATTENDEES

The following individu als attended the tele

- conference :

SCAQMD

Mohsen Naze mi

Barbara Baird

U.S. Environmental Protection Agency Greg Nizich, OAQPS Gerardo Rios, EPA Region 9

IV. SUMMARY OF DI SC USSION

Mr. Nizich began the meeting by saying that the EPA was looking for clarification regarding several comments made by SCAQMD on the proposed amendments. Specifically EPA was looking for further detail about the comments made on forestry and silvicultural activities.2

Mr

. Nazemi stated that SCAQMD was concerned about their being parity betw een tribal and

non

- tribal lands and was concerned about incentives to locate in tribal lands with less stringent emission control requirements. The Morongo Indian reser vation is located in the SCAQMD area that is designated as extreme nonattainment for ozone. Due to a change in designation of the Morongo reservation, that portion is now a severe nonattainment area for ozone, which has less stringent emission control req uirements than an extreme nonattainment area. The less stringent controls on sources located within the Morongo reservation could negatively impact air quality in the surrounding areas and their efforts to improve air quality.

Mr. Nizich then asked ab out SCAQMD’s comment about emission sources of concern from road construction, maintenance and logging that fall under the forestry and silvicultural activity proposed exemption. SCAQMD clarified that the primary concern with those activities was

related to emissions from engines and wood chippers used in forestry/silvicultural activities

.

Mr. Rios noted that in the process of determining controls, the requirements of surrounding areas

are considered in that determination, so for tribal sources permitted by EPA, the controls implemented by SCAQMD would be part of the assessment of control technology for those

sources.