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

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18

- 6396

GREGORY DONZELL BAILEY
,
Petitioner

- Appellant
,

v.
RICKY FOXWELL; BRIAN E. FROSH, The Attorney General of the State of Maryland
, Respondents

- Appellees

.

Appeal from the United States District Court for the District of Maryland , at Greenbelt

. George Jarrod Hazel , District Judge. ( 8:17

- cv

- 02475

- GJH )

Submitted : August 9, 2018 Decided: August 17, 2018

Before TRAXLER, WYNN, and HARRIS , Circuit Judges.

Dismissed by un published per curiam opinion

.

Gregory Donzell Bailey, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Gregory Donzell Bailey seeks to appeal the district court’s order dismissing his 2 8
U.S.C. § 2254 (2012) petition as untimely. We dismiss Bailey’s appeal from the district
court’s order dismissing his petition for lack of jurisdiction, and we deny a certificate of
appealability and dismiss Bailey’s appeal from the court’s March 20, 201 8, letter order.
Parties are accorded 30 days after the entry of the district court’s final judgment or
order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court extends the
appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R.
App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional
requirement.” Bowles v. Russell , 551 U.S. 205, 214 (2007).

The district court’s order denying the § 2254 petition was entered on the docket on
January 30, 2018. The notice of appeal was filed on April 2, 2018. * Because Bailey
failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal
period, we dismiss Bailey’s appeal from that order. Insofar as Bailey appeals the district
court’s March 20, 2018, letter order, we deny a certificate of appealability and dismiss
the appeal. We also deny leave to proceed in forma pauperis. We dispense with oral
argument because the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the decisional process.

DISMISSED

* For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c); Houston v. Lack , 487 U.S. 266 (1988).
Case 20-23376-EPK Doc 28 Filed 03/15/21 Page 1 of 3
Case 20-23376-EPK Doc 28 Filed 03/15/21 Page 2 of 3
Case 20-23376-EPK Doc 28 Filed 03/15/21 Page 3 of 3
(107 So. 516)

No. 27727.

#### STATE v. Leonce CARRIERE.

(March 1, 1926.)

Appeal from Thirteenth Judicial District Court, Parish of St. Landry; B. H. Pavy, Judge.

L. Austin Fontenot and John W. Lewis, both of Opelousas, for appellant.

Percy Saint, Atty. Gen., Percy T. Ogden, Asst. Atty. Gen., and R. Lee Garland, Dist. Atty., of Opelousas (B. R. Schowalter, of New Orleans, of counsel), for the State.

BRUNOT, J.

The accused was *charged*with assault with a dangerous weapon with intent to kill. He was arraigned, tried, convicted, and sentenced for the offense charged. From the verdict and sentence he appealed.

There are no bills of exception in. the record, no assignments of error, no error patent on the face of the record, and no briefs were filed by either side. • Under these circumstances nothing is presented to this court for review. We have repeatedly held that the taking of appeals in criminal cases and not following them up is to be deprecated.

The verdict and. sentence appealed from are affirmed.
EX PARTE Curtis Wayne EDWARDS

1160325 (2150720)

Supreme Court of Alabama.

April 14, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Cert. denied.
This section of the FEDERAL REGISTER

contains editorial corrections of previously

published Presidential, Rule, Proposed Rule,

and Notice documents. These corrections are

prepared by the Office of the Federal

Register. Agency prepared corrections are

issued as signed documents and appear in

the appropriate document categories

elsewhere in the issue.

Corrections Federal Register

66235

Vol. 63, No. 230

Tuesday, December 1, 1998

DEPARTMENT OF COMMERCE

Foreign–Trade Zones Board

[DOCKET 49-98]

Foreign-Trade Zone 1–New York, New

York; Application for Subzone Pfizer

Inc. (Pharmaceutical Products),

Brooklyn, New York

Correction

In notice document 98–30415,

beginning on page 63451, in the issue of

Friday, November 13, 1998, make the

following correction:

On page 63454, in the second column,

in the second full paragraph, in the

sixth and seventh lines, ‘‘[60 days from

date of publication]’’ should read,

‘‘January 12, 1999’’.

BILLING CODE 1505-01-D

DEPARTMENT OF DEFENSE

Office of the Secretary

Defense Intelligence Agency, Science

and Technology Advisory Board

Closed Panel Meeting

Correction

In notice document 98–30621,

beginning on page 63916, in the issue of

Tuesday, November 17, 1998, make the

following correction:

On page 63917, in the first column, in

the fourth line, under the heading

DATES:, ‘‘December 1998 (800 am to

1600 pm) ’’ should read ‘‘December 3,

1998 (800 am to 1600 pm) ’’.

BILLING CODE 1505-01-D

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 432

[Docket No. EE–TP–98–550]

RIN 1904–AA85

Energy Conservation Program: Test

Procedures for Distribution

Transformers

Correction

In proposed rule document 98–30140,

beginning on page 63360, in the issue of

Thursday, November 12, 1998, make the

following correction:

On page 63366, in the first column, in

Table 3, in the table column heading,

‘‘Low voltage, > 1.2 kV’’ should read

‘‘Low voltage, ≤ 1.2 kV’’ and ‘‘Medium

voltage, ≤ 1.2 kV’’ should read ‘‘Medium

voltage, > 1.2 kV’’.

BILLING CODE 1505-01-D

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ACE-40]

Amendment to Class E Airspace;

Pittsburg, KS

Correction

In rule document 98–30930,

appearing on page 64179, in the issue of

Thursday, November 19, 1998, make the

following correction:

On page 64179, in the third column,

the subject line is corrected to read as

set forth above.

BILLING CODE 1505-01-D
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.                  

###### Securities and Exchange Commission

          - [Release No. 34-53522; File No. SR-ISE-2006-09]

      ( print page 17960)    

### Correction

In notice document E6-4274, beginning on page 14975 in the issue of March 24, 2006, make the following correction:

On page 14976, in the third column, in the last paragraph, in the last line, “April 17, 2006 ” should read “April 14, 2006”. 

[FR Doc. Z6-4274 Filed 4-6-06; 8:45 am]

BILLING CODE 1505-01-D
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#           Spatial and temporal distribution of shallow landsliding during intense rainfall, southeastern Oahu, Hawaii      

      January 1, 1992    

No abstract available.

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(106 So. 779)

No 27610.

#### STATE v. DUFRESNE.

(Jan. 4, 1926.)

*(Syllabus by Editorial Staf.)*

1. Criminal law <&wkey;1159(2)— Supreme Court has nothing to do with sufficiency of evidence to convict.

Supreme Court has nothing to do with question of sufficiency of evidence to convict when there is some evidence of defendant’s guilt.

2. Criminal law <&wkey;553—Conviction for possession of whisky legal, though testimony of sole witness for state not corroborated by circumstantial evidence.

Conviction for possession of whisky for beverage purposes is legal, though testimony of sole witness for state, as opposed to that of defendant and five other witnesses, was not corroborated by circumstantial evidence.

3. Criminal law <&wkey;1158(1)—District judge’s judgment as to credibility of witnesses not subject to reversal.

District judge’s judgment as to credibility of witnesses on question of guilt or innocence of defendant is not subject t'o reversal on appeal.

Appeal from Seventeenth Judicial District Court, Parish of Lafourche; Bobert B. Butler, Judge.

L. J. Dufresne was convicted of possessing whisky for beverage purposes, and he appeals.

Affirmed.

C. A. Morvant, of Thibodaux, for appellant.

Percy Saint, Atty. Gen., Percy T. Ogden, Asst. Atty. Gen., and J. A. O. Coignet, Dist. Atty., of Thibodaux (E. R. Schowalter, Asst. Atty. Gen., of counsel), for the State.

O’NIELL, C. J.

[1-3] Appellant was convicted of the offense of having whisky in his possession for beverage purposes. The record contains only one bill of exceptions; i, e. an exception taken to the judge’s overruling the defendant’s motion for a new trial. The motion was based upon the averment merely that the court had erred in convicting the de*191fendant on the uncorroborated testimony of one witness, contradicted by the defendant and five other witnesses. The judge says, in his per curiam, that the testimony of the state’s witness was corroborated by circumstances which convinced him (the judge) of the defendant’s guilt beyond a reasonable doubt. We have nothing to do with the question of sufficiency of the evidence when there was some evidence of the defendant’s guilt. The conviction in this case would be legal, in that respect, if the testimony of the one witness for the state had not been corroborated by circumstantial evidence. The district judge’s judgment of the credibility of the witnesses on the question of guilt or innocence is not subject to reversal on appeal.

It appears in the minutes of the court that the minutes of a previous date were ordered corrected so as to show that the defendant’s attorney reserved a bill of exceptions to the refusal of the judge to give a special charge that was requested, or to maintain a proposition submitted by the attorney as the law of the case; but we do not find the bill of exceptions in the record. Perhaps the learned counsel concluded that the legal proposition announced by the judge, in lieu of the one suggested, was satisfactory, for it was appropriate and correct.

The conviction and sentence are affirmed.
### Correction

In rule document E9-7052 beginning on page 14654 in the issue of Tuesday, March 31, 2009, make the following corrections:

§ 21.4200

1. On page 14667, in the second column, in §21.4200, under amendatory instruction 21a., “title10, U.S.C.” should read “title 10, U.S.C.”.

§ 21.9650

2. On page 14687, in the first column, in §21.9650(a)(i), “$50.00 per month” should read “$950.00 per month”.

3. On the same page, in the second column, in §21.9650(b)(2)(i), “$50.00 per month” should read “$950.00 per month”.

[FR Doc. Z9-7052 Filed 4-17-09; 8:45 am]

BILLING CODE 1505-01-D
Darrin GALLOWAY, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-957

District Court of Appeal of Florida, Fifth District.

Decision filed July 3, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
[Federal Register Volume 60, Number 57 (Friday, March 24, 1995)]
[Notices]
[Page 15619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-50324]



-----------------------------------------------------------------------
[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Corrections]
[Page 58811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X98-21102]


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

DEPARTMENT OF DEFENSE

Department of the Army


Intent to Grant an Exclusive License to RSI Industries

Correction

    In notice document 98-27931 appearing on page 55849 in the issue of 
Monday, October 19, 1998, the subject heading should appear as set 
forth above.
BILLING CODE 1505-01-D
[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Corrections]
[Page 58811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X98-51102]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8784]
RIN 1545-AV89


Substantiation of Business Expenses-Use of Mileage Allowances To 
Substantiate Automobile Expenses

Correction

    In rule document 98-26226, beginning on page 52600, in the issue of 
Thursday, October 1, 1998, make the following correction:


Sec. 1.274(d)-1  [Corrected]

    On page 52601, in the first column, in amendatory instruction 4., 
``Section 1.274(d)-2'' should read ``Section 1.274(d)-1''.
BILLING CODE 1505-01-D
STATE of Louisiana v. Herbert EVERETT

NO. 2017-KP-0267

Supreme Court of Louisiana.

September 14, 2018

Denied.
[Federal Register Volume 63, Number 209 (Thursday, October 29, 1998)]
[Corrections]
[Page 58102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X98-31029]



[[Page 58102]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-288-AD; Amendment 39-10839; AD 98-21-31]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 Series Airplanes

Correction

    In rule document 98-27480, beginning on page 55522, in the issue of 
Friday, October 16, 1998, in the Action line, ``NUREG'' should be 
removed.
BILLING CODE 1505-01-D
STATE EX REL. William BAHAM v. STATE of Louisiana

No. 2017-KH-0207

Supreme Court of Louisiana.

August 31, 2018

**ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS**

PER CURIAM:

Denied. Relator fails to show that the state withheld material exculpatory evidence in violation of *Brady v. Maryland* , 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). As to his remaining claims, relator fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.

Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, *see*28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the Legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.
**EXHIBIT 31.1**
   *Certification*
  I, Thomas
Mathew, certify that:
   1.  I have
reviewed this Form 10-KSB of Sterling Equity Holdings, Inc.;
   2.  Based on
my knowledge, this report does 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;
   3.  Based on
my knowledge, the financial statements, and other financial information included
in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the small business issuer as of, and
for, the periods presented in this report;
   4.  The small
business issuer's other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial
reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the
small business issuer and have:
   a.  Designed
such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material
information relating to the small business issuer, including its
consolidated  subsidiaries, is made known to us by others within those
entities, particularly during the period in which this report is being
prepared;
   b.  Designed
such internal control over financial reporting, or caused such internal control
over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the
preparation of financial statements for external purposes in accordance with
generally accepted accounting principles; and
   c.  Evaluated
the effectiveness of the small business issuer's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation.
   5.  The small
business issuer's other certifying officer(s) and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
small business issuer's auditors and the audit committee of the small business
issuer's board of directors (or persons performing the equivalent
functions):
   a.  All
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the small business issuer'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 the small business issuer's internal control over
financial reporting.
  Date:
April 12, 2005
 
 
 /s/
Thomas Mathew ________________________
 Thomas
Mathew, Principal Executive Officer and
 Principal
Financial and Accounting Officer
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Darius BERRIEN, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D17-2780

District Court of Appeal of Florida, Second District.

January 04, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Case 21-12238-LMI Doc 7-2 Filed 03/08/21 Page 1 of 1
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