alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Evelyn MANTERIS, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security Administration, Defendant-Appellee.

No. 11-1605.

United States Court of Appeals, Fourth Circuit.

Submitted: Aug. 25, 2011.

Decided: Aug. 29, 2011.

Evelyn Manteris, Appellant Pro Se. Kenneth DiVito, Assistant Regional Counsel, Philadelphia, Pennsylvania; Adam Siry, Social Security administration, Philadelphia, Pennsylvania, for Appellee.

Before MOTZ, DUNCAN, and KEENAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*670PER CURIAM:

Evelyn Manteris seeks to appeal the district court’s order adopting the magistrate judge’s report and recommendation and granting the Commissioner’s motion for summary judgment. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

When the United States or its officer or agency is a party, the notice of appeal must be filed no more than sixty days after the entry of the district court’s final judgment or order, Fed. R.App. P. 4(a)(1)(B), 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, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court’s order was entered on the docket on March 30, 2011. The notice of appeal was filed on June 2, 2011. Because Manteris failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. 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.

*DISMISSED.*
* 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that this opinion should not be published and is not precedent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

Fifth Circuit

FILED

December 10, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-40799

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CARLOS MARTINEZ-ESTRADA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. B-03-CR-162-ALL

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

Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

 Carlos Martinez-Estrada appeals the sentence imposed

following his guilty plea conviction of being found in the United

States after deportation/removal in violation of 8 U.S.C. § 1326. 

Martinez-Estrada contends that 8 U.S.C. § 1326(a) and 8 U.S.C.

§ 1326(b) are unconstitutional. He argues that the prior

conviction that resulted in his increased sentence is an element

of a separate offense under 8 U.S.C. § 1326(b) that should have

been alleged in his indictment. Martinez-Estrada maintains that
No. 03-40799

-2-

he pleaded guilty to an indictment which charged only simple

reentry under 8 U.S.C. § 1326(a). He argues that his sentence

exceeds the maximum term of imprisonment and supervised release

which may be imposed for that offense. 

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Martinez-Estrada acknowledges that his arguments are foreclosed

by Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his arguments for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
#### The People of the State of New York, Respondent, v Jeffrey Masterson, Appellant.

[945 NYS2d 587]

— Appeal from an order of the Monroe County Court (Frank E Geraci, Jr., J.), entered January 24, 2011. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present — Scudder, P.J., Smith, Fahey, Lindley and Martoche, JJ.
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**EXHIBIT      32.1**

**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350**

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002 **

|   | (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. |

|   | /s/                Robert S.                Mills               |
|--------|---------------------------------------------------------------------------------------------------------------------------------------|
|   | Robert                S. Mills                                                                                                        |
|   | Chief                Executive OfficerMarch                25, 2008                                                                   |

----
*The opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d). UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1831
LISA MARIE HARRIS, Plaintiff - Appellant, versus FOOD LION; MICHELLE WOUND, a/k/a Michelle Young, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Columbia. Bristow Marchant, Magistrate Judge. (3:06-cv-03430-BM) Submitted: November 20, 2007 Decided: November 28, 2007 Before NIEMEYER and TRAXLER, Circuit Judges. * Affirmed by unpublished per curiam opinion. Lisa Marie Harris, Appellant P ro Se. David Andrew Williams, Carmelo B. Sammataro, TURNER, PADGET, GRAHAM & LANEY, PA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Lisa Marie Harris appeals the district court’s order granting summary j udgment to the Defendants on her civil action alleging she was falsely arrested. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Harris v. Food Lion , No. 3:06-cv03430-BM (D.S.C. Aug. 20, 2007). We also deny Harris’ pending motions for general relief. We dispense with oral argument because the facts and legal c ontentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
<logo> KPMG Peat Marwick LLP

2500 Ruan Center
P0. Box 772
Des Moines IA 50303

INDEPENDENT AUDITORS' REPORT

The Board of Directors
Norwest Mortgage, Inc.:

We have examined management's assertion about Norwest 
Mortgage Banking's compliance with the minimum servicing 
standards identified in the Mortgage Bankers Association of 
America's Uniform Single Attestation Program for Mortgage 
Bankers USAP) as of and for the year ended December 31, 996, 
included in the accompanying management assertion. 
Management is responsible for Norwest Mortgage Banking's 
compliance with those minimum servicing standards. Our 
responsibility is to express an opinion on management's 
assertion about the entity's compliance based on our 
examination.

Our examination was made in accordance with standards 
established by the American Institute of Certified Public 
Accountants and, accordingly, included examining, on a text 
basis, evidence about Norwest Mortgage Banking's compliance 
with the minimum servicing standards and performing such 
other procedures as we considered necessary in the 
circumstances. We believe that our examination provides a 
reasonable basis for our opinion. Our examination does not 
provide a legal determination on Norwest Mortgage Banking's 
compliance with the minimum servicing standards.

In our opinion, management's assertion that Norwest 
Mortgage.. Banking complied with the aforementioned minimum 
servicing standards as of and for the year ended December 
31, 1996, is fairly stated, in all material respects.

/s/KPMG Peat Marwick LLP
January 15, 1997
ADDENDUM TO LICENSING AGREEMENT

Addendum to the License Agreement between Community Alliance, Inc. and
CTN Enterprises, dated July 24, 2005.

WHEREAS, Paragraph 5.01 under Paragraph 5. of the License Agreement,
LICENSE FEE, calls for a payment in the amount of $2,500 to be paid on
April 1, 2006 and a final payment in the amount of $5,000 to be paid on
April 1, 2007 toward the License Fee, the parties desire to amend
Paragraph 5.01.

The present paragraph reads:

         5.  LICENSE FEE.

                  5.01 For use of the INTELLECTUAL PROPERTY as described in
this Agreement, LICENSEE agrees to pay to LICENSOR a license fee of ten
thousand dollars ($10,000.00), with an initial payment of two thousand
five hundred dollars ($2,500.00) to be paid upon the signing of this
Agreement, a second payment of $2,500.00 to be paid on or before April
1, 2006, and a final payment of $5,000.00 to be paid on or before April
1, 2007.


Paragraph 5.01 of the License Agreement shall be amended as follows:

                  5.01 For use of the INTELLECTUAL PROPERTY as described in
this Agreement, LICENSEE agrees to pay to LICENSOR a license fee of ten
thousand dollars ($10,000.00), with an initial payment of two thousand
five hundred dollars ($2,500.00) to be paid upon the signing of this
Agreement, a second payment of $2,500.00 to be paid on or before
February 1, 2007, and a final payment of $5,000.00 to be paid on or
before June 1, 2007.


This addendum is dated March 24, 2006



By:  /s/Phil E. Ray
	        Phil E. Ray - President
II

105TH CONGRESS

1ST SESSION S. 1239

To suspend temporarily the duty on ethofumesate.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 30, 1997

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

to the Committee on Finance

A BILL

To suspend temporarily the duty on ethofumesate.

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

3 SECTION 1. TEMPORARY SUSPENSION OF DUTY.

4 (a) IN GENERAL.—Subchapter II of chapter 99 of

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new heading:
2

•S 1239 IS

‘‘ 9902.31.12 2-ethoxy-2,3-

dihydro-3,3-dimethyl-5-

benzofuranyl

methanesulfonate

(ethofumesate)

(CAS No.

26225–79–6)

(provided for in

subheadings

2932.99.08 and

3808.30.15) ....... Free No change No change On or before

12/31/99 ’’.

1 (b) EFFECTIVE DATE.—The amendment made by

2 this section applies with respect to goods entered, or with3 drawn from warehouse for consumption, on or after the

4 15th day after the date of enactment of this Act.

Æ
IN THE SUPREME COURT OF THE STATE OF DELAWARE

MATTHEW JONES , Plaintiff Below

Appellant,

v. ROCKFORD CENTER, et al. , P etitioner Below

Appellee. § § No. 437, 2017 § § § § Court Below

— Superior Court § of the State of Delaware § § C.A. No. N17C

- 08

- 233 § §

Submitted: March 9 , 201 8 Decided: March 15, 2018

O R D E R

This 15 th day of March 2018 , it appears that the Court issued a notice to the appellant to show cause why h is appeal should not be dismissed for his failure to pay the Superior Court record preparation fee. The appellant responded, indicating that this Court granted his motion to proceed in forma pauperis , which should excuse his responsibility for payment of the Superior Court’s fee. On February 22, 2018, the Clerk wrote to the appellant and explained that the Court’s order only waived the Supreme Court’s filing fee but did not waive the Superior Court’s record preparation fee. The appellant was given an extended deadline until March 9 to pay th e Superior Court’s fee and was informed that failure to pay the fee would result in dismissal of his appeal without further notice. The appellant failed to pay by the deadline. Accordingly, dismissal of this appeal is deemed to be unopposed.2

NOW, THEREFO RE, IT IS HEREBY ORDERED, under Supreme Court Rules 3(b) and 29(b), that the within appeal is DISMISSED.

BY THE COURT:

/s/ Karen L. Valihura Justice
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

March 5, 2012 

h0227 

Order 

 

March 5, 2012 

143366 

DANIEL E. LASECKI, MARY ANN LASECKI 

and WILLARD LAWRENCE GIBSON, 

Plaintiffs/Counter Defendants-Appellees, 

v SC: 143366 

 COA: 293723 

Hillsdale CC: 05-000422-CK 

LAKE LEANN PROPERTY OWNERS 

ASSOCIATION, 

Defendant/Counter Plaintiff-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the May 31, 2011 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court prior to the 

completion of the proceedings ordered by the Court of Appeals.
Opinion issued February 3, 2015

In The 

## Court of Appeals For The 

## First District of Texas

————————————

NO. 01
- 14
- 00667
- CV

——————————— IN RE M ATTHEW G. DILICK, EA ST BISSONET LTD., EA ST BISSONET GP, INC., AND FLAT S TONE II LTD. , Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relators Matthew G. Dili ck , East Bissonet Ltd., East Bissonet GP, Inc., and Flat Stone II Ltd. filed a petition for writ of mandamus complaining of the trial court’s denial of their Motion to File Thir d Party Petition and Designate Responsible Third Parties and their Motion for Severance. 1

1 The underlying case is Cohen v. Dilick , cause number 2010

- 20973, pending in the 234th District Court of Harris County, Te xas, the Honorable Wesley Ward presiding.2 Attorneys for r eal

- party

- in

- interest Prosperity Bank, successor in interest to Community National Bank, 2 has provided the Court with a signed copy of an Agreed Mutual Notice of Non

- Suit with Prejudice. Real

- party

- in

- interest represents “all issues between the parties” have been resolved, rendering this mandamus proceeding moot. On January 16, 2015, the Court notified the parties to this original proceeding of its in tent to dismiss for lack of jurisdiction. No response has been received from the parties, and more than ten days has passed. See T EX
. R. A PP
. P

. 42.3. In light of the parties’ settlement, this original proceeding is dismissed for lack of jurisdiction, w ith each party to bear their own costs. PER CURIAM Panel consists of Chief Justice Radack and Justices Massengale and Huddle

.

2 Prosperity Bank is an intervenor in the trial

- court proceedings.
#### Diane Fisher, Respondent, v Teresita Mascardo, Appellant.

[942 NYS2d 332]

Judgment, Supreme Court, New York County (Donna M. Mills, J.), entered February 24, 2011, awarding plaintiff damages, and bringing up for review an order, same court and Justice, entered February 9, 2011, which determined, following a collateral source hearing, that the verdict of the jury in favor of plaintiff totaling $358,480 was to be offset by a total of $8,210, resulting in an award for damages in the amount of $350,270 plus statutory interest from the date of loss, unanimously affirmed, with costs.

In this action for recovery of damages to plaintiff’s vintage and antique clothing collection, defendant failed to demonstrate by clear and convincing evidence that there was a direct, close correspondence, i.e., a match, between the collateral source payments and the items of loss to be replaced *(Johnson v New York City Tr. Auth.,*88 AD3d 321, 327-328 [2011]). Defendant failed to show a “match” on the actual value of the items lost, the value of the items as awarded by the jury, and the amount paid by the insurance company. Under these circumstances, there was simply insufficient evidence to show that plaintiff had received a windfall or double recovery. Concur — Mazzarelli, J.P., Catterson, DeGrasse, Manazanet-Daniels and Román, JJ.
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-7775

KENDALL COHEN, 

 Plaintiff – Appellant, 

 v. 

AL CANNON, JR., Sheriff; SHAWN JAMES, Deputy, 

 Defendants – Appellees. 

Appeal from the United States District Court for the District of 

South Carolina, at Charleston. Henry M. Herlong, Jr., Senior 

District Judge. (2:08-cv-03327-HMH) 

Submitted: December 15, 2009 Decided: December 22, 2009 

Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior 

Circuit Judge. 

Affirmed by unpublished per curiam opinion. 

Kendall Cohen, Appellant Pro Se. Gordon Wade Cooper, BUYCK LAW 

FIRM, Charleston, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

 Kendall Cohen appeals the district court’s order 

denying his Fed. R. Civ. P. 60(b)(1) motion to reconsider its 

order adopting the magistrate judge’s recommendation to grant 

Defendants summary judgment on Cohen’s 42 U.S.C. § 1983 (2006) 

claims against them. We have reviewed the record and find no 

reversible error. Accordingly, we affirm the district court’s 

order. See Cohen v. Cannon, No. 2:08-cv-03327-HMH (D.S.C. 

Aug. 26, 2009). 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
WILBORN LAW OFFICE, P.C. 

TIM WILBORN, Attorney at Law- OSB # 944644 

tim@wilbornlaw .com 

P.O. Box 370578 

Las Vegas, NV 89137 

Voice: (702) 240-0184 

Fax: (503) 926-9133 

Attorney for Plaintiff 

DEBORAH OWEN, 

Plaintiff, 

vs. 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

COMMISSIONER of Social Security, 

Defendant. 

Case No. 3:14-cv-894-CL 

-PR OPOSJ:f:\. ORDER 

Attorney fees in the amount of $5,635.47 are hereby ·awarded to Plaintiff pursuant to the 

Equal Access to Justice Act, 28 U.S.C. § 2412( d). Subject to any offset allowed under the Treasury 

Offset Program, payment of this award shall be made via check sent to Tim Wilborn's address: P.O. 

Box 370578, Las Vegas, NV 89137. In accordance with the fee assignment which Plaintiff has 

signed, payment shall be made in Tim Wilborn's name if no debt subject to offset exists. 

DATEDthis I''S dayof Qc_.,A~. 

Submitted on October 9, 2015 by: 

s/ Tim Wilborn 

TIM WILBORN, OSB # 944644 

(702) 240-0184 

Attorney for Plaintiff 

ORDER- Page 1 

Case 3:14-cv-00894-CL Document 23 Filed 10/13/15 Page 1 of 1