alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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Bobby R Hagler
                        National Peanut Research Laboratory

                        




                        
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#### Mariellen Lane Bradley, Respondent, v Peter William Bradley, Appellant.

[944 NYS2d 880] —

Order, Supreme Court, New York County (Ellen Gesmer, J.), entered May 6, 2011, which granted plaintiffs motion to direct defendant to pay her $25,000 to enable her to retain counsel in an out-of-state nonmatrimonial action and to pay any subsequent legal fees she incurs therein, unanimously reversed, on the law, without costs, and the motion denied.

In a matrimonial action, the court is not authorized to award counsel fees to either party for legal services rendered in a nonmatrimonial action or proceeding, even where the two actions are related *(see e.g. Schapiro v Schapiro,*204 AD2d 87 [1994]; *Anonymous v Anonymous,*258 AD2d 547 [1999]; *Ravel v Ravel,*235 AD2d 410 [1997]). Concur — Mazzarelli, J.P., Catterson, DeGrasse, Richter and Manzanet-Daniels, JJ.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20

- 2033

EKOKO K. AVOKI; FRANCISCO K. AVOKI , Plaintiffs

- Appellants ,

v. CITY OF CHESTER, SC; POLICE OF CHESTER, SC; DOES I

- XXX; PTL COVINGTON, Individually , Defendants

- Appellees,
and UNITED STATES OF AMERICA; DOES I

- XX, unknown,
Defendants

.

Appeal from the United States District Court for the District of South Carolina , at Rock Hill

. Sherri A. Lydon , District Judge. ( 0:17

- cv - 01141

- SAL

- PJG )

Submitted : July 19 , 2021 Decided: August 3, 2021

Before AGEE, THACKER, and HARRIS , Circuit Judges.

Dismissed by un published per curiam opinion

.2 Ekoko K. Avoki, Francisco K. Avoki, Appellants Pro Se. David Allan DeMasters, DAVIDSON, WREN & PLYLER, PA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM: Francisco K. Avoki and his wife, Ekoko K. Avoki, seek to appeal two orders issued by the district court in their 42 U.S.C. § 1983 civil rights action: (1) the March 6, 2020, order adopting the magistrate judge’s recommendation to grant Defendants partial summary judgment and to stay the remainder of the claims pending resolution of Mrs. Avoki’s related state criminal proceedings; and (2) the April 17, 2020, order denying the Avokis’ Fed. R. Civ. P. 59(e) motion to alter or amend the court’s prior ruling. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541, 545

- 46 (1949). The order s that th e Avokis seek to appeal are
neither final order s nor appealable interlocutory or collateral order s
. * Accordingly, we dismiss the appeal for lack of jurisdiction. We d eny the Avokis’ motion to consolidate this

case with the appeal pending in No. 20

- 1944, Avoki v. City of Chester, S.C.
We d ispense 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

* While we would have jurisdiction to review the district court’s secondary ruling in its order rejecting the Rule 59(e) motion

— to wit: the denial of the Avokis’ request for injunctive relief against an unnamed party, see 28 U.S.C. § 1292(a)(1)

— we do not reach that ruling because the Avokis have not raised any argument related thereto in their informal briefs, see 4th Cir. Rule 3 4(b).
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________ ________________ No. 17

- 14071 Non

- Argument Calendar

________________________ D.C. Docket No. 4:17

- cr - 00022

- MW

- CAS

- 1

UNITED STATES OF AMERICA, Plaintiff

- Appellee,

versus DARYL GOFPHIN , Defendant

- Appellant.

________________________ Appeal from the United States District Court for the Northern District of Florida

________________________ (April 6, 2018 ) Before WILLIAM PRYOR, JORDAN, and ANDERSON , Circuit Judges

. PER CURIAM:

Case: 17-14071 Date Filed: 04/06/2018 Page: 1 of 22 Daryl Gofphin pled guilty to possessing a firearm as a felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court determined his offense level under the Sentencing Guidelines to be 21, and his criminal history category to be VI. It sentenced Mr. Gofphin to 60 months in prison, below the corresponding Guidelines range of 77 to 96 months

. Mr. Go fphin now appeals his sentence. His sole argument is that his offense level should have been lower because one of his two predicate crimes

— “possession of cocaine with intent to sell or del iver,” see Fla. Stat. § 893.13

— lacks a mens rea element , and consequent ly is not a “controlled substance offense” under U

. S

. S

. G

. § § 2K2.1(a) & 4B1.2(b). As Mr. Gofphin recognizes, see Br. at 11, we have already rejected this argument in a published opinion. See United States v. Smith , 775 F.3d 1262 (11th Cir. 2014). He ar gues, however, that “[t]he Court’s reasoning in Smith was unsatisfactory.” Br. at 14. Whether or not Smith ’s reasoning is “satisfactory,” this panel is bound by it. See United States v. Fritts , 841 F.3d 937, 942 (11th Cir. 2016). Accordingly, we affirm Mr. Gofphin’s sentence

. AFFIRMED. Case: 17-14071 Date Filed: 04/06/2018 Page: 2 of 2
QuickLinks
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  Exhibit 10(a)    
    


[Sutherland
Asbill and Brennan LLP Letterhead] 


November 21,
2008 


Board
of Directors

Protective Life Insurance Company

2801 Highway 201 South

Birmingham, Alabama 35223



Directors: 


        We
hereby consent to the reference to our name under the caption "Legal Matters" in the statement of additional information filed as part of Post-Effective Amendment
Number 5 to the Registration Statement on Form N-4 (File No. 333-145621) filed by Protective Life Insurance Company and Protective Variable Annuity
Separate Account with the Securities and Exchange Commission. In giving this consent, we do not admit that we are in the category of persons whose consent is required under Section 7 of the
Securities Act of 1933. 



					
	 	 	Sincerely,
	

 	
 	

SUTHERLAND ASBILL & BRENNAN LLP
	

 	
 	

By:	
 	

/s/ STEPHEN E. ROTH





Stephen E. Roth













QuickLinks



Exhibit 10(a)
UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

SHEILA M. DOOHAN EARHART, 

Plaintiff, 

V. 

COMMISSIONER, SOCIAL 

SECURITY ADMINISTRATION, 

Defendant. 

6: 14-cv-O 1049-KI 

ORDER A WARDING 

ATTORNEY FEES AND COSTS 

PURSUANT TO THE 

EQUAL ACCESS TO JUSTICE ACT 

Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, it is hereby 

ordered that EAJA attorney's fees of $8,998.35 and $400.00 in costs shall be awarded to 

Plaintiff. If it is determined that Plaintiffs EAJA fees are not subject to any offset allowed 

under the Department of the Treasury's Offset Program, then the check for EAJA fees shall be 

made payable to Max Rae, based upon Plaintiffs assignment of these amounts to Plaintiffs 

attorney. Any check for EAJA fees shall be mailed to Plaintiffs counsel, Max Rae, at PO Box 

PRESENTED BY: 

~~81344 (503) 363-5424 

Attorney for Plaintiff, Sheila M. Doohan Earhart 

Page 1. ORDER AWARDING EAJA ATTORNEY FEES AND COSTS - EARHART v. 

COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, 6:14-cv-01049-KI 

Case 6:14-cv-01049-KI Document 26 Filed 08/05/15 Page 1 of 1
Exhibit 32.1


                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with the  Quarterly  Report of Silverado  Financial,  Inc.  (the
"Company") on Form 10-QSB for the period ending March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, John E.
Hartman., Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report 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 Report fairly  presents,  in all material
respects, the financial condition and result of operations of the Company.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
22nd day of December 2004.



                    /s/ John E. Hartman.
                     ----------------------------
                    John E. Hartman
                    Chief Executive Officer
---

CERTIFICATION OFCHIEF EXECUTIVE OFFICER AND CHIEF
FINANCIAL OFFICER PURSUANT TO18 U.S.C. SECTION 1350, AS
ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Howard Thomson, the Chief Executive Officer and Chief
Financial Officer of Terrace Ventures Inc. (the Company), hereby certify
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

| | (i)  | the Annual Report on Form 10-K of the Company, for the
      fiscal year ended April 30, 2009, and to which this certification is
      attached as Exhibit 32.1 (the Report) fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
      1934, as amended; and
| | ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                                                                   
| | (ii) | the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.                                                                                                                                                  



| | By:    |                            
| | ------ | ---------------------------
| |        | /s/
      Howard Thomson   
| | Name:  | HOWARD THOMSON             
| |        |                            
| | Title: | Chief Executive Officer and
| |        | Chief Financial Officer    
| |        |                            
| | Date:  | August 12, 2009            
| |        |                            





A signed original of this written statement required by
Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company
and will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.

This certification accompanies the Form 10-K to which it
relates, is not deemed filed with the Securities and Exchange Commission and is
not to be incorporated by reference into any filing of the Company under the
Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made
before or after the date of the Form 10-K), irrespective of any general
incorporation language contained in such filing.

---
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


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 Physiology and Pathology of Tree Fruits Research: Wenatchee, WA
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ARS Home Pacific West Area Wenatchee, Washington Physiology and Pathology of Tree Fruits Research People & Locations







Shawn B McMurtrey
                        Physiology and Pathology of Tree Fruits Research

                        




                        
                        Biological Science Lab Technician
                        Phone: (541) 386-2030
                        
                        
                        Fax: (509) 664-2287(Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


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Exhibit 10.4      **Notice of Grant of Stock Option** **Eclipsys Corporation**  **Employee** ID: 65-0632092        **«Name»** **Option Number:** **«OptionNumber»****«StreetAddress»** **Plan:** **2005 Stock Incentive Plan****«CityStateZip»** **Employee ID:** **«IDNumber»** Effective                      (the “**Grant Date**”), you have been granted a non-statutory option to buy «TotalShares»shares of common stock of Eclipsys Corporation (the “**Company**”) at an exercise price of$                     per share. This option vests as described below under Vesting Type                     .The option is granted under and governed by the terms and conditions of this notice, the Company’s 2005 StockIncentive Plan (the “**Plan**”), and any other applicable written agreement between you and the Company. By youracceptance of this option, and also by its exercise, you agree to such terms and conditions and confirm that yourreceipt and exercise of this option is voluntary.Except as otherwise provided in the Plan or a separate written agreement between you and the Company signed by anexecutive officer of the Company, (i) termination of your employment for any reason (unless you are then or arebecoming a member of the Board of Directors of the Company) will result in cessation of vesting and lapse of theoption to the extent not yet vested at the time of termination; and (ii) vested options may be exercised only for aperiod of 90 days following termination of your employment (or Board service if you are a member of the Company’sBoard of Directors at the time of termination of your employment) (or, if your employment ends as a result ofdeath, the first anniversary of death). The option expires on the tenth anniversary of the Grant Date or suchearlier date as the Plan provides.Unless otherwise permitted by the Company’s Board of Directors, you must pay the exercise price and meet any taxobligations in cash.For purposes of this option, the definition of “Good Reason” under the Plan shall be as follows, notwithstandingany Plan provision to the contrary: “Good Reason” shall mean any significant diminution in the Participant’sresponsibilities from and after such Reorganization Event or Change in Control Event, as the case may be, or anyreduction in the annual cash compensation payable to the Participant from and after such Reorganization Event orChange in Control Event, as the case may be. The Prospectus for the Plan, the Plan document, the Company’s Annual Report on Form 10-K, and other filings made bythe Company with the Securities and Exchange Commission are available for your review on the Company’s internalemployee web site. You may also obtain paper copies of these documents upon request to the Company’s HRdepartment.No representations or promises are made regarding the duration of your employment or service, vesting of theoption, the value of the Company’s stock or this option, or the Company’s prospects. The Company provides noadvice regarding tax consequences or your handling of this option; you agree to rely only upon your own personaladvisors.       **ECLIPSYS CORPORATION**
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 1**  **792**

MR. JOHN MALCOLM DICKSON, JR. , Plaintiff

- Appellant ,

v.
UNITED STATES OF AMERICA; UNITED STATES DEPARTMENT OF JUSTICE, Attorney General of the United States of America; UNITED STATES ATTORNEY GENERAL, For the Eastern District of Virginia , Defendants

- Appellees

.

Appeal from the United States District Court for the Eastern District of Virginia , at Norfolk

. Arenda L. Wright Allen, District Judge. ( 2:13

- cv - 0 0253

- AWA

- DEM )

Submitted : December 18, 2014 Decided: December 22, 2014

Before SHEDD, WYNN, and THACKER , Circuit Judges.

Affirmed by un published per curiam opinion

.

John M. Dickson, Jr. , Appellant Pro Se. George Maralan Kelley, III, Assistant United States Attorney, Norfolk, Virginia , for Appellees.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: John Malcolm Dickson, Jr., appeals the district

court ’ s order denying relief on his civil complaint. We have
reviewe d the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Dickson
v. United States , No. 2:13

- cv - 00253

- AWA

- DEM (E.D. Va. June 10,
2014) . We dispense with oral argument because the facts and legal cont entions are adequately presented in the materials
before th is court and argument would not aid the decisional

process.

AFFIRMED
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-4890

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

CHRISTOPHER BRIAN KIRKLAND,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of North Carolina, at Asheville. Lacy H. Thornburg,

District Judge. (1:05-cr-00254)

Submitted: April 26, 2007 Decided: April 30, 2007

Before WILLIAMS, MICHAEL, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Fredilyn Sison, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC.,

Asheville, North Carolina, for Appellant. Gretchen C.F. Shappert,

United States Attorney, Corey F. Ellis, Assistant United States

Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Christopher Brian Kirkland pled guilty to possession of

a firearm by a convicted felon, 18 U.S.C. § 922(g)(1) (2000), and

was sentenced to a term of seventy-seven months imprisonment.

Kirkland appeals his sentence, contending that the district court

erred when it held that he had two prior convictions for controlled

substance offenses and applied a base offense level of 24 under

U.S. Sentencing Guidelines Manual § 2K2.1(a)(2) (2005). We affirm.

The enhanced base offense level applies if the defendant

had two prior felony convictions for controlled substance offenses

as defined in USSG § 4B1.2(b), which includes “the possession of a

controlled substance (or a counterfeit substance) with intent to

manufacture, import, export, distribute, or dispense.” After

examining the charging documents and the judgment in each case, the

district court determined that Kirkland had two prior convictions

for possession with intent to sell or deliver cocaine in violation

of N.C. Gen. Stat. § 90-95(a) (2005). 

Although Kirkland argues on appeal that the convictions

were for simple possession, or that the charging documents did not

establish the offense of conviction with enough specificity, or

that the offenses should have been treated as misdemeanors because

the quantity of cocaine was small, the record supports the district

court’s determination. Moreover, the court complied with the

dictates of Taylor v. United States, 495 U.S. 575 (1990), and
- 3 -

Shepard v. United States, 544 U.S. 13 (2005), in making its

determination. 

We therefore affirm the sentence imposed by the district

court. 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.

AFFIRMED