alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the Court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR. R.

47.5.4.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

______________________

No. 97-41481

______________________

JOSE ANTONIO LOMAS, JR,

Petitioner-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE,

INSTITUTIONAL DIVISION

Respondent-Appellee. 

Appeal from the United States District Court

for the Southern District of Texas

(C-97-CV-331)

October 28, 1998

Before JOLLY, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Jose Antonio Lomas, Jr., Texas prisoner #712084, appeals the

dismissal as time-barred of his 28 U.S.C. § 2254 habeas

application. As held today in Fields v. Johnson, ___ F.3d ___ (5th

Cir. 1998) (No. 98-10012), 28 U.S.C. § 2244(d)(2) extends, pending

pursuit of state post-conviction relief, the one year from the 24

April 1996 effective date of the Antiterrorism and Effective Death

Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214 (1996)

(AEDPA), within which state prisoner federal petitioners such as
2

Lomas, whose claims would otherwise have been immediately timebarred on AEDPA’s effective date, must file such applications.

In June 1991, Lomas was convicted in state court for

retaliation (threatening to kill a police officer) and sentenced to

10 years probation. His conviction was upheld on direct appeal in

April 1992. His probation was revoked in May 1995.

On 3 October 1996, Lomas filed for state habeas relief,

claiming ineffective assistance of counsel. That petition was

denied by the Texas Court of Criminal Appeals on 26 March 1997, 174

days after the initial filing. 

On 16 June 1997, Lomas filed for habeas relief in federal

court, pursuant to 28 U.S.C. § 2254, again claiming ineffective

assistance of counsel. Lomas’ petition was dismissed as timebarred.

Pursuant to Fields, and because Lomas’ state post-conviction

proceeding was pending for 174 days during the year following 24

April 1996, the effective date of AEDPA, Lomas had 174 days past 24

April 1997 in which to file his first § 2254 application. His 16

June 1997 application was filed within that time. Accordingly, we

VACATE the judgment and REMAND for further proceedings.

VACATED AND REMANDED
#### PATERNO, Respondent, v. CITY OF NEW YORK, Appellant. (Actions 1, 2, 3 and 5.)

(Supreme Court, Appellate Division, Second Department.

October 15, 1907.)

Actions by Frank Paterno against the city of New York.

No opinion. Motions to dismiss appeals denied.
#### Longley, administrator, *v.*Bentley, administrator.

July 21, 1915.

Illegality of execution. Before Judge Edwards. Haralson superior court. February 14, 1915.

*N. J. McBride,*for plaintiff in error.

*Griffith ■& Matthews,*contra.

This case being for decision by a full bench of six Justices, who are evenly divided in opinion (Chief Justice Fish and Justices Lumpkin and Atkinson favoring an affirmance, and Presiding Justice Evans and Justices Beck and Hill favoring a reversal), the judgment of the court below stands affirmed by operation of law.
<TABLE> <S> <C>

<ARTICLE>                                  5

<LEGEND> THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
HAGLER BAILLY, INC. UNAUDITED  CONSOLIDATED  FINANCIAL  STATEMENTS FOR THE THREE
MONTHS  ENDED MARCH 31, 1997 AND IS  QUALIFIED  IN ITS  ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>

       


<S>                                           <C>    
<PERIOD-TYPE>                                         3-MOS
<FISCAL-YEAR-END>                               DEC-31-1997
<PERIOD-START>                                  JAN-01-1997
<PERIOD-END>                                    MAR-31-1997
<CASH>                                            1,355,964
<SECURITIES>                                              0
<RECEIVABLES>                                    23,671,099
<ALLOWANCES>                                      1,069,455
<INVENTORY>                                               0
<CURRENT-ASSETS>                                 25,852,789
<PP&E>                                            3,739,085
<DEPRECIATION>                                      934,260
<TOTAL-ASSETS>                                   37,637,478
<CURRENT-LIABILITIES>                            20,881,604
<BONDS>                                                   0
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                               0
<COMMON>                                             56,222
<OTHER-SE>                                        7,573,608
<TOTAL-LIABILITY-AND-EQUITY>                     37,637,478
<SALES>                                          21,127,241
<TOTAL-REVENUES>                                 21,127,241
<CGS>                                            16,310,494
<TOTAL-COSTS>                                    16,310,494
<OTHER-EXPENSES>                                          0
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                                  259,369
<INCOME-PRETAX>                                   1,949,181
<INCOME-TAX>                                        761,049
<INCOME-CONTINUING>                               1,188,132
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                      1,188,132
<EPS-PRIMARY>                                          0.20
<EPS-DILUTED>                                          0.17


        

</TABLE>
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.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Floral and Nursery Plants Research: Washington, DC
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                People

                    Staff Listing
                                    CareersSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home Northeast Area Washington, D.C. National Arboretum Floral and Nursery Plants Research People & Locations







Josh  Marvel
                        Floral and Nursery Plants Research

                        




                        
                        Biological Science Technician
                        Phone: (301) 504-5312
                        
                        
                        Fax: (Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF UTILX CORPORATION FOR THE YEAR ENDED MARCH
31, 1999
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                           1,580
<SECURITIES>                                         0
<RECEIVABLES>                                   17,809
<ALLOWANCES>                                     1,508
<INVENTORY>                                      6,941
<CURRENT-ASSETS>                                25,546
<PP&E>                                          37,840
<DEPRECIATION>                                  25,162
<TOTAL-ASSETS>                                  38,575
<CURRENT-LIABILITIES>                           17,284
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            74
<OTHER-SE>                                      18,035
<TOTAL-LIABILITY-AND-EQUITY>                    38,575
<SALES>                                         78,866
<TOTAL-REVENUES>                                78,866
<CGS>                                           75,220
<TOTAL-COSTS>                                   84,989
<OTHER-EXPENSES>                                   555
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 583
<INCOME-PRETAX>                                (6,678)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (66,787)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (6,678)
<EPS-BASIC>                                    (.90)
<EPS-DILUTED>                                    (.90)


</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1
<CURRENCY>                                     US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   MAR-31-1998
<EXCHANGE-RATE>                                1
<CASH>                                         1,134,575
<SECURITIES>                                   0
<RECEIVABLES>                                  866,667
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               1,134,575
<PP&E>                                         2,615,554
<DEPRECIATION>                                 124,640
<TOTAL-ASSETS>                                 5,034,607
<CURRENT-LIABILITIES>                          117,815
<BONDS>                                        4,869,000
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       243,420
<OTHER-SE>                                     (195,628)
<TOTAL-LIABILITY-AND-EQUITY>                   5,034,607
<SALES>                                        0
<TOTAL-REVENUES>                               134,949
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               87,399
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             121,725
<INCOME-PRETAX>                                (74,175)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (74,175)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (74,175)
<EPS-PRIMARY>                                  (0.30)
<EPS-DILUTED>                                  (0.30)                    


        


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          12,261
<SECURITIES>                                         0
<RECEIVABLES>                                   36,528
<ALLOWANCES>                                         0
<INVENTORY>                                      3,838
<CURRENT-ASSETS>                                52,627
<PP&E>                                         160,220
<DEPRECIATION>                                 105,450
<TOTAL-ASSETS>                                 126,889
<CURRENT-LIABILITIES>                          334,315
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        18,611
<OTHER-SE>                                   (276,537)
<TOTAL-LIABILITY-AND-EQUITY>                   126,889
<SALES>                                         93,820
<TOTAL-REVENUES>                                93,690
<CGS>                                           68,895
<TOTAL-COSTS>                                  347,458
<OTHER-EXPENSES>                                51,251
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              16,858
<INCOME-PRETAX>                              (321,877)
<INCOME-TAX>                                       800
<INCOME-CONTINUING>                          (322,677)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (322,677)
<EPS-BASIC>                                     (.019)
<EPS-DILUTED>                                   (.019)


</TABLE>
#### The People of the State of New York, Respondent, v Joseph G. Shaffner, Appellant.

[946 NYS2d 916]

Appeal from a judgment of the Allegany County Court (Thomas P Brown, J.), rendered January 13, 2010. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree.

*1690It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the first degree (Penal Law § 140.30 [2]). Upon “considering all the relevant facts and circumstances surrounding [defendant’s] waiver” of the right to appeal, we agree with defendant that the record fails to demonstrate that the waiver was knowingly, intelligently and voluntarily entered *(People v Seaberg,*74 NY2d 1, 11 [1989]; *see People v Lopez,*6 NY3d 248, 256 [2006]). Thus, we consider the merits of his challenge to the severity of the sentence *(cf. Lopez,*6 NY3d at 255). Contrary to defendant’s contention, however, the sentence is not rendered unduly harsh or severe by the fact that his codefendant received a lesser sentence *(see People v Whitehead,*49 AD3d 1242 [2008]), or by the fact that defendant was offered a lesser sentence as part of an earlier plea bargain. The sentence otherwise is not unduly harsh or severe. To the extent that defendant’s contention that he was denied effective assistance of counsel at sentencing survives his guilty plea, we conclude that it lacks merit *(see People v LaCroce,*83 AD3d 1388, 1388 [2011], *lv denied*17 NY3d 807 [2011]). Defendant “reeeive[d] an advantageous plea *and*nothing in the record casts doubt on the apparent effectiveness of counsel” *(People v Ford,*86 NY2d 397, 404 [1995]). Present — Scudder, P.J., Carni, Lindley and Martoche, JJ.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 571,208
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     571,208
<TOTAL-LIABILITY-AND-EQUITY>                   571,208
<SALES>                                              0
<TOTAL-REVENUES>                               237,069
<CGS>                                                0
<TOTAL-COSTS>                                  217,824
<OTHER-EXPENSES>                           (4,880,227)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,759
<INCOME-PRETAX>                              4,890,713
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          4,890,713
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,890,713
<EPS-BASIC>                                      18.70
<EPS-DILUTED>                                    18.70


</TABLE>
#### NEW YORK SMALL STOCK CO. v. THIRD AVE. R. CO.

(Supreme Court, Appellate Terra, First Department.

January 31, 1896.)

No opinion. Return amended as per order filed. See 37 N. Y. Supp. 637.
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

______________________________ MOHAMMED AHMED TAHER, et al., : : Petitioners, : : v. : Civil Action No. 06-1684 (GK) : BARACK H. OBAMA, et al., : : Respondents. : ______________________________: ORDER A Status Conference was held in this case on September 21, 2009, which t o o k p l ace on the record and via telephone. Upon consideration of parties’ Joint Status Report [Dkt. No. 213], representations of the parties, and the entire record herein, it is hereby ORDERED , that the Government’s Opposition to Petitioner’s Motion for Summary Judgment is due November 2, 2009 . Petitioner’s Reply, if any, is due November 9, 2009 ; and it is further
ORDERED , that a Motions Hearing on Petitioner’s Motion for Summary Judgment shall be held on November 12, 2009, at 10:15 am
. Parties shall have no more than 45 minutes each to pr e s e n t their arguments, with an additional brief period of reply for Petitioner, if necessary. / s / September 21, 2009 Gladys Kessler United States District Judge Copies to: Attorneys of Record via ECF
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUL-31-1996
<PERIOD-END>                               JUL-31-1996
<CASH>                                      $1,424,000
<SECURITIES>                                  $601,000
<RECEIVABLES>                               $1,808,000
<ALLOWANCES>                                         0
<INVENTORY>                                 $1,488,000
<CURRENT-ASSETS>                            $5,381,000
<PP&E>                                      $6,921,000
<DEPRECIATION>                              $3,459,000      
<TOTAL-ASSETS>                              $8,843,000
<CURRENT-LIABILITIES>                       $2,607,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     $9,000
<COMMON>                                       $44,000
<OTHER-SE>                                  $6,183,000
<TOTAL-LIABILITY-AND-EQUITY>                $8,843,000
<SALES>                                    $11,292,000
<TOTAL-REVENUES>                           $11,292,000
<CGS>                                       $4,880,000
<TOTAL-COSTS>                              $10,447,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             $42,000
<INCOME-PRETAX>                               $845,000
<INCOME-TAX>                                  $126,000
<INCOME-CONTINUING>                           $719,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                             $1,296,000
<CHANGES>                                            0
<NET-INCOME>                                $2,015,000
<EPS-PRIMARY>                                      .03
<EPS-DILUTED>                                      .03
        

</TABLE>