alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Gordon J. Quist, Senior District Judge for the U.S. District Court for Western Michigan, sitting by designation. NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
JOSEPH LOWELL MCELYEA, JR., Petitioner - Appellant,

v. ATTORNEY GENERAL FOR THE STATE OF ARIZONA and CHARLES L. RYAN, Respondents - Appellees. No. 09-15429 D.C. No. 2:06-cv-00885-SMM
MEMORANDUM *

Appeal from the United States District Court for the District of Arizona Stephen M. McNamee, Senior District Judge, Presiding Submitted October 25, 2011 ** San Francisco, California Before: GRABER and IKUTA, Circuit Judges, and QUIST, *** Senior District Judge. 

# FILED
NOV 02 2011 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 The Arizona state court did not unreasonably apply clearly established Supreme Court law when it rejected Joseph Lowell McElyea’s claim that he received ineffective assistance of counsel. 28 U.S.C. § 2254(d)(1); see Strickland v. Washington , 466 U.S. 668 (1984). Because there is no support in the record that McElyea’s counsel knew or had reason to know of the arresting officers’ alleged misconduct, the state court could reasonabl y determine that McElyea’s counsel did not perform deficiently by failing to ch allenge the admissibility of McElyea’s confession. See Bobby v. Van Hook , 130 S. Ct. 13, 19 (2009) (per curiam). Further, even if counsel’s performance had been deficient, McElyea suffered no prejudice, given that he independently tes tified to the contents of his post-arrest statements at trial. See Strickland , 466 U.S. at 694. The district court did not err by declining to conduct an evidentiary hearing because, even assuming McElyea made reasonable efforts to investigate and pursue his claims in state court, 28 U.S.C . § 2254(e)(2), he has not alleged specific facts which, if true, would entitle him to relief. See West v. Ryan , 608 F.3d 477, 485 (9th Cir. 2010), cert. denied , 131 S. Ct. 1473 (2011). Finally, the district court did not err in declining to hear McElyea’s untimely objections to the magistrate judge’s report and recommendation because McElyea neither presented sufficient evidence to overcome Rule 5(b)’s presumption of3 service, Fed. R. Civ. P. 5(b)(2)(C), nor claimed that the district court’s failure to consider his general, untimely objection constituted a denial of a constitutional right, Hiivala v. Wood , 195 F.3d 1098, 1104 (9th Cir. 1999) (per curiam). AFFIRMED.
[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Page 44017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17100]


=======================================================================
-----------------------------------------------------------------------

EXPORT-IMPORT BANK

[Public Notice: 2021-3018]


Agency Information Collection Activities: Comment Request

AGENCY: Export-Import Bank of the United States.

ACTION: Submission for OMB review and comments request.

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

SUMMARY: The Export-Import Bank of the United States (EXIM), as a part 
of its continuing effort to reduce paperwork and respondent burden, 
invites the general public and other Federal Agencies to comment on the 
proposed information collection, as required by the Paperwork Reduction 
Act of 1995. The collection provides EXIM staff with the information 
necessary to monitor the borrower's payments for exported goods covered 
under its short and medium-term export credit insurance policies. It 
also alerts EXIM staff of defaults, so they can manage the portfolio in 
an informed manner.

DATES: Comments must be received on or before September 10, 2021 to be 
assured of consideration.

ADDRESSES: Comments may be submitted electronically on 
WWW.REGULATIONS.GOV (EIB 92-27) or by mail to Office of Information and 
Regulatory Affairs, 725 17th Street NW, Washington, DC 20038 Attn: OMB 
3048-0027 Form can be viewed at https://www.exim.gov/sites/default/files/pub/pending/eib92-27.pdf.

SUPPLEMENTARY INFORMATION:
    Title and Form Number: EIB 92-27 Report of Overdue Accounts Under 
Short-Term Policies.
    OMB Number: 3048-0027.
    Type of Review: Regular.
    Need and Use: The collection provides EXIM staff with the 
information necessary to monitor the borrower's payments for exported 
goods covered under its short- and medium term export credit insurance 
policies. It also alerts EXIM staff of defaults, so they can manage the 
portfolio in an informed manner.
    Affected Public: This form affects entities involved in the export 
of U.S. goods and services.
    Annual Number of Respondents: 745.
    Estimated Time per Respondent: 15 minutes.
    Annual Burden Hours for Respondents: 186.25 hours.
    Frequency of Reporting or Use: Monthly, until completed.
    Government Expenses:
    Reviewing Time per Year: 186.25 hours.
    Average Wages per Hour: $42.50.
    Average Cost per Year: $7,915.63 (time * wages).
    Benefits and Overhead: 20%.
    Total Government Cost: $9,498.75.

Bassam Doughman,
IT, Specialist.
[FR Doc. 2021-17100 Filed 8-10-21; 8:45 am]
BILLING CODE 6690-01-P
II

Calendar No. 270

105TH CONGRESS

1ST SESSION S. 1337

For the relief of John Andre Chalot.

IN THE SENATE OF THE UNITED STATES

OCTOBER 29, 1997

Mr. GRAHAM introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

NOVEMBER 6, 1997

Reported by Mr. HATCH, without amendment

A BILL

For the relief of John Andre Chalot.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. MODIFICATION OF EFFECTIVE DATE OF NATU4 RALIZATION OF JOHN ANDRE CHALOT.

5 Notwithstanding title III of the Immigration and Na6 tionality Act, any predecessor provisions to such title, or

7 any other provision of law relating to naturalization, for

8 purposes of determining the eligibility of John Andre

9 Chalot for relief under the Agreement Between the Gov-
2

S 1337 RS

1 ernment of the United States and the Government of the

2 Federal Republic of Germany Concerning Final Benefits

3 to Certain United States Nationals Who Were Victims of

4 National Socialist Measures of Persecution, signed at

5 Bonn on September 19, 1995, John Andre Chalot is

6 deemed to be a naturalized citizen of the United States

7 as of September 3, 1943.

Calendar No. 270

105TH CONGRESS

1ST SESSION S. 1337

A BILL

For the relief of John Andre Chalot.

NOVEMBER 6, 1997

Reported without amendment
#### HAWKINS V. TAYLOR, ET. AL.

*Assumpsit.*

(Decided May 19th, 1906.

42 South. 126.)

Appeal from St. Clair Circuit Court.

Heard before the Hon. J. A. Bilbro.

M. M. Smith, for appellant,

No counsel marked for appellee.

Appeal dismissed.

Per curiam.

Tyson, J., dissents.
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II

105TH CONGRESS

1ST SESSION S. 1355

To designate the United States courthouse located in New Haven,

Connecticut, as the ‘‘Richard C. Lee United States Courthouse’’.

IN THE SENATE OF THE UNITED STATES

OCTOBER 31, 1997

Mr. LIEBERMAN (for himself and Mr. DODD) introduced the following bill;

which was read twice and referred to the Committee on Environment and

Public Works

A BILL

To designate the United States courthouse located in New

Haven, Connecticut, as the ‘‘Richard C. Lee United

States Courthouse’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DESIGNATION OF RICHARD C. LEE UNITED

4 STATES COURTHOUSE.

5 The United States courthouse located in New Haven,

6 Connecticut, shall be known and designated as the ‘‘Rich7 ard C. Lee United States Courthouse’’.
2

•S 1355 IS

1 SEC. 2. REFERENCES.

2 Any reference in a law, map, regulation, document,

3 paper, or other record of the United States to the United

4 States courthouse referred to in section 1 shall be deemed

5 to be a reference to the ‘‘Richard C. Lee United States

6 Courthouse’’.

Æ
EXHIBIT 23.1





CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM




Columbia Laboratories, Inc.


Livingston, NJ




We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (Nos. 333-75275, 333-125671, 333-132803, 333-140107,333-155530 and 333-169599) and Form S-8 (Nos . 333-34079,  333-63470, 333-116072, and 333-152008,) of Columbia Laboratories, Inc. of our report dated March 12, 2010, except for Note 1, as to which the date is December 28, 2010, relating to the consolidated financial statements, and our report dated March 12, 2010, except for the effects of the material weakness described in the sixth paragraph of that report, as to which the date is December 28, 2010, relating to the effectiveness of Columbia Laboratories, Inc.’s internal control over financial reporting, which appear in this Annual Report on Form 10-K/A, Amendment No. 2. We also consent to the incorporation by reference of our report dated March 12, 2010 relating to the financial statement schedule, which appears in this Form 10-K/A, Amendment No. 2.





/s/ BDO USA, LLP


BDO USA, LLP


(formerly BDO Seidman, LLP)


Woodbridge, NJ


December 28, 2010
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

CONNIE RAY PALMER

,

Appellant,

v.

TEXAS DEPARTMENT OF CRIMINAL

JUSTICE

,

Appellee. **§**

**§**

**§**

**§**

**§**

**§**

**§** No. 08

- 20

- 00 222

- CV

Appeal from the

112 th District Court

of Pecos County, Texas

(TC# P

- 12345

- 112

- CV )

O R D E R

Because this is a civil suit and Appellant has not shown he is entitled to appointment of

counsel, his request for appointment of counsel is denied.

Appellant’s request for an extension of time to file a brief is granted to May 9, 2021

.

IT IS SO ORDERED this 30 th day of March , 20 2 1.

PER CURIAM

Before Rodriguez , C.J., Palafox and Alley , JJ.
Case: 1:03-cv-00759 Document #: 259 Filed: 09/08/05 Page 1 of 1 PageID #:2568
<TABLE> <S> <C>

<ARTICLE>            5
<LEGEND>
This schedule contains summary financial information extracted from the
consolidated statements of financial condition and the consolidated
statements of operation of Unified Financial Services, Inc. filed as
part of the Company's Quarterly Report on Form 10-Q for the three months
ended March 31, 2000 and is qualified in its entirety by reference to
such report.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                       5,079,541
<SECURITIES>                                12,847,719
<RECEIVABLES>                                9,669,115
<ALLOWANCES>                                   119,100
<INVENTORY>                                          0
<CURRENT-ASSETS>                            36,053,144
<PP&E>                                       6,661,297
<DEPRECIATION>                               3,685,676
<TOTAL-ASSETS>                              42,140,613
<CURRENT-LIABILITIES>                       27,992,982
<BONDS>                                              0
<COMMON>                                        33,294
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                  13,632,010
<TOTAL-LIABILITY-AND-EQUITY>                42,140,613
<SALES>                                              0
<TOTAL-REVENUES>                             6,938,506
<CGS>                                        2,154,585
<TOTAL-COSTS>                                2,154,585
<OTHER-EXPENSES>                             6,039,884
<LOSS-PROVISION>                                62,000
<INTEREST-EXPENSE>                             127,564
<INCOME-PRETAX>                             (1,203,935)
<INCOME-TAX>                                    12,610
<INCOME-CONTINUING>                         (1,216,545)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (1,216,545)
<EPS-BASIC>                                    (0.42)
<EPS-DILUTED>                                    (0.41)


</TABLE>
**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 this quarterly report on Form 10-Q of Eclipsys Corporation
      (the
“Company”) for the period ended March 31, 2006 as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”), the undersigned, R.
      Andrew Eckert, President and Chief Executive Officer of the Company, hereby
      certifies, pursuant to 18 U.S.C. Section 1350, 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 results of operations of the Company.





Dated:
      May 9, 2006





/s/
      R.
      Andrew Eckert


R.
      Andrew
      Eckert


President
      and Chief Executive Officer
#### Kathleen Stertzbach, Appellant, v Board of Cooperative Educational Services, First Supervisory District of Erie County, et al., Respondents.

—Judgment unanimously affirmed, without costs. Memorandum: We affirm for reasons stated in the decision at Special Term. We add that petitioner’s notice of claim was served timely because she did not become aggrieved until September 1, 1981, the effective date of her reassignment and the earliest date that her cause of action could have accrued (Education Law § 3813 [1]; *see, Matter of Vail v Board of Coop. Educ. Servs.,*115 AD2d 231). Also, petitioner was not required to appeal to the Commissioner of Education *(see,*Education Law § 310) because "in litigation between private parties involving only questions of law, where the issue is whether school officials have acted in violation of statute, direct resort to the courts is proper” *(Matter of Lezette v Board of Educ.,*35 NY2d 272, 278; *see also, Cottrell v Board of Educ.,*181 Misc 645, 650, *affd*267 App Div 817, *affd*293 NY 792; *cf. Matter of Walker v Board of Educ.,*78 AD2d 982). (Appeal from judgment of Supreme Court, Erie County, Mintz, J.—art 78.) Present—Dillon, P. J., Doerr, Green, O’Donnell and Pine, JJ.
105TH CONGRESS

1ST SESSION S. 1227

AN ACT

To amend title I of the Employee Retirement Income Security Act of 1974 to clarify treatment of investment managers under such title.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1227 ES

1 SECTION 1. INVESTMENT MANAGERS UNDER ERISA TO IN2 CLUDE FIDUCIARIES REGISTERED SOLELY

3 UNDER STATE LAW ONLY IF FEDERAL REG4 ISTRATION PROHIBITED UNDER RECENTLY

5 ENACTED PROVISIONS.

6 (a) IN GENERAL.—Section 3(38)(B) of the Employee

7 Retirement Income Security Act of 1974 (29 U.S.C.

8 1002(38)(B)) is amended—

9 (1) by redesignating clauses (ii) and (iii) as

10 clauses (iii) and (iv), respectively; and

11 (2) by striking ‘‘who is’’ and all that follows

12 through clause (i) and inserting the following: ‘‘who

13 (i) is registered as an investment adviser under the

14 Investment Advisers Act of 1940; (ii) is not reg15 istered as an investment adviser under such Act by

16 reason of paragraph (1) of section 203A(a) of such

17 Act, is registered as an investment adviser under the

18 laws of the State (referred to in such paragraph (1))

19 in which it maintains its principal office and place

20 of business, and, at the time the fiduciary last filed

21 the registration form most recently filed by the fidu22 ciary with such State in order to maintain the fidu23 ciary’s registration under the laws of such State,

24 also filed a copy of such form with the Secretary;’’.

25 (b) AVAILABILITY OF DOCUMENTS VIA FILING DE26 POSITORY.—A fiduciary shall be treated as meeting the
3

S 1227 ES

1 requirements of section 3(38)(B)(ii) of the Employee Re2 tirement Income Security Act of 1974 (as amended by

3 subsection (a)) relating to provision to the Secretary of

4 Labor of a copy of the form referred to therein, if a copy

5 of such form (or substantially similar information) is

6 available to the Secretary of Labor from a centralized elec7 tronic or other record-keeping database.

8 (c) EFFECTIVE DATE.—The amendments made by

9 subsection (a) shall take effect on July 8, 1997, except

10 that the requirement of section 3(38)(B)(ii) of the Em11 ployee Retirement Income Security Act of 1974 (as

12 amended by this Act) for filing with the Secretary of

13 Labor of a copy of a registration form which has been

14 filed with a State before the date of the enactment of this

15 Act, or is to be filed with a State during the 1–year period

16 beginning with such date, shall be treated as satisfied

17 upon the filing of such a copy with the Secretary at any

18 time during such 1–year period. This section shall super19 sede section 308(b) of the National Securities Markets Im-
4

S 1227 ES

1 provement Act of 1996 (and the amendment made there2 by).

Passed the Senate September 26, 1997.

Attest:

Secretary.
105TH CONGRESS

1ST SESSION S. 1227

AN ACT

To amend title I of the Employee Retirement Ininvestment managers under such title. come Security Act of 1974 to clarify treatment of
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<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995             DEC-31-1996
<PERIOD-END>                               DEC-31-1995             DEC-31-1996
<CASH>                                             416                      45
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   11,259                   9,748
<ALLOWANCES>                                       667                     950
<INVENTORY>                                     14,811                   8,734
<CURRENT-ASSETS>                                28,542                  21,405
<PP&E>                                          11,309                  11,558
<DEPRECIATION>                                   6,809                   7,808
<TOTAL-ASSETS>                                  42,043                  29,427
<CURRENT-LIABILITIES>                           18,161                  27,496
<BONDS>                                         13,466                  10,187
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                        12,210                  12,213
<OTHER-SE>                                     (3,712)                (11,161)
<TOTAL-LIABILITY-AND-EQUITY>                    42,043                  29,427
<SALES>                                         69,188                  62,503
<TOTAL-REVENUES>                                69,188                  62,503
<CGS>                                           44,718                  43,074
<TOTAL-COSTS>                                   69,176                  68,661
<OTHER-EXPENSES>                                 3,782                   1,562
<LOSS-PROVISION>                                   667                       0
<INTEREST-EXPENSE>                               1,505                   1,576
<INCOME-PRETAX>                                     12                 (6,158)
<INCOME-TAX>                                   (1,046)                   (585)
<INCOME-CONTINUING>                            (3,770)                 (7,720)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   (2,724)                 (7,185)
<EPS-PRIMARY>                                   (1.17)                  (3.07)
<EPS-DILUTED>                                   (1.17)                  (3.07)
        



</TABLE>