alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19
- 6251

THOMAS BRADFORD WATERS, a/k/a Thomas Waters , Plaintiff

- Appellant ,

v. JOHN STEWART, Lake City Police Department; MARK STRICKLAND, Lake City Police Department; SERGEANT ANTHONY BACKHUSS, Lake City Police Department; JODY COOPER, Lake City Police Department , Defendants

- Appellees,
And A.T.F. AGENT ALAN C. TOWNSEND; JOHN DOE, #1, Florence County E.M.S. Worker; JOHN DOE, #2, Florence County E.M. S. Worker,
Defendants.

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

. R. Bryan Harwell , Chief District Judge. ( 4:15

- cv
- 04143

- RBH

- TER )

Submitted : August 22, 2019 Decided: August 26, 2019

Before KING and RICHARDSON , Circuit Judges , and HAMILTON, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.2 Thomas Bradford Waters, Appellant Pro Se. Lisa Arlene Thomas, THOMPSON & HENRY, PA, Conway, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM:
Thomas Bradford Waters appeals the district court’s order s accepting the
recommendation s of the magistrate judge and granting Defendants summary judgment in
Waters’ 42 U.S.C. § 1983 (2012) action . We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the dist rict court. Waters
v. Stewart , No. 4:15

- cv
- 04143

- RBH

- TER (D.S.C. Sept. 24, 2018 ; Dec. 20, 2018; Mar. 13, 2019)

. We grant Waters’ motion to amend his informal brief, but deny his motion for the appointment of counsel. We dispense with oral argument becau se the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED
# C_2005331EN.01001501.xml

| 28.12.2005 | EN | Official Journal of the European Union | C 331/15 |
| --- | --- | --- | --- |

28.12.2005

EN

Official Journal of the European Union

C 331/15

---

Notice inviting applications for authorisation to prospect for hydrocarbons in block P5 of the Dutch continental shelf

(2005/C 331/10)

(Text with EEA relevance)

The Minister for Economic Affairs of the Kingdom of the Netherlands hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block P5 as indicated on the map appended as Annex 3 to the Mining Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2002, No 245).

Mijnbouwregeling

Staatscourant

With reference to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons and the publication required by Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit an application for authorisation to prospect for hydrocarbons in block P5.

Mijnbouwwet

Staatsblad

The Minister for Economic Affairs is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1), 5(2) and 6(2) of the Directive are set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).

Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to the Minister for Economic Affairs, for the attention of the Director of Energy Production, Prinses Beatrixlaan 5, The Hague, Netherlands, and marked ‘personal’. Applications submitted after the expiry of this period will not be considered.

A decision on the applications will be taken not later than 12 months after the period has expired.

Further information can be obtained from the following telephone number: (31-70) 379 66 94.

---
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A19A0650. WILLIE MAYS v. THE STATE.

In 2015, Willie Mays pleaded guilty to theft by taking. He later filed a motion

to withdraw his guilty plea.1In an order entered on June 18, 2018, the trial court

denied that motion. On July 25, 2018, Mays filed a notice of appeal.

2 We lack

jurisdiction because the notice of appeal was not timely filed.

A notice of appeal must be filed within 30 days of entry of the order sought to

be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal

is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264

Ga. 872, 872 (1) (452 SE2d 756) (1995). Mays’s notice of appeal is untimely, as it

was filed 37 days after entry of the order he seeks to appeal. 

1

In addition, Mays filed a motion to set aside a void judgment, an

extraordinary motion for new trial, and a motion for an out-of-time appeal. The trial

court denied the first two motions and dismissed the third, and Mays filed separate

appeals from all three rulings. We dismissed his appeals from the order denying the

motion to set aside a void judgment (see Case No. A18A1715, decided June 7, 2018)

and the order denying the extraordinary motion for new trial (see Case No.

A18A1716, decided June 7, 2018). Mays’s appeal from the order dismissing his

motion for out-of-time appeal is pending. See Case No. A19A0649.

2 Mays also filed an application for discretionary appeal. See Case No.

A19D0192.

December 10, 2018
Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

12/10/2018
#### The People of the State of New York, Respondent, v Eddie Colon, Appellant.

[946 NYS2d 468]

—Judgment, Supreme Court, New York County (Thomas A. Farber, J.), rendered November 9, 2010, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of SVa years, unanimously affirmed.

*541The court properly denied defendant’s motion to suppress physical evidence. There is no basis for disturbing the court’s credibility determinations, including its resolution of any inconsistencies in testimony. At the hearing, the court had the opportunity to observe the physical evidence and determine whether the officer was able to observe contraband in plain view. Concur — Andrias, J.P., Friedman, Sweeny, Manzanet-Daniels and Román, JJ.
Exhibit 31.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

Section 302 Certification

I, Austin L. Roberts, III, certify that:

1. I have reviewed
this quarterly report on Form 10-Q of Bay Banks of Virginia, 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 registrant as of, and for, the periods presented in this report;

4. I
am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

(a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the registrant, including
its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this report is being prepared;

(b) evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report 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; and

(c) disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and;

5. I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors
and the audit committee of the registrant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 registrant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
registrants internal control over financial reporting.



|                                      |  |  |  |                   
|------------------------------------- |  |  |  | ------------------
|/s/ Austin L. Roberts, III            |  |  |  | Dated: May 4, 2006
|Austin L. Roberts, III                |  |  |  |                   
|President and Chief Executive Officer |  |  |  |                   



22
UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON

ADAM WINTHER,

Plaintiff,

v. 

COMMISSIONER OF SOCIAL

SECURITY,

Defendant.

Case No. 3:14-CV-01323-KI

JUDGMENT

Alan R. Unkeles

3000 NW Stucki Place No. 230

Hillsboro, OR 97124

Attorney for Plaintiff

Billy J. Williams

Acting United States Attorney

District of Oregon

Janice E. Hebert

Assistant United States Attorney

1000 SW Third Ave., Suite 600

Portland, OR 97201-2902

Page 1 - JUDGMENT

Case 3:14-cv-01323-KI Document 27 Filed 10/22/15 Page 1 of 2
Jeffrey R. McClain

Special Assistant United States Attorney

Office of the General Counsel

Social Security Administration

701 Fifth Ave., Ste. 2900 M/S 221A

Seattle, WA 98104-7075

Attorneys for Defendant

KING, Judge:

The decision of the Commissioner is reversed. This action is remanded to the

Commissioner under sentence four of 42 U.S.C. § 405(g).

IT IS SO ORDERED.

DATED this 22nd day of October, 2015. 

 /s/ Garr M. King 

Garr M. King

United States District Judge

Page 2 - JUDGMENT

Case 3:14-cv-01323-KI Document 27 Filed 10/22/15 Page 2 of 2
#### The People of the State of New York, Respondent, v Daniel Cruz, Also Known as Danny Cruz, Appellant.

*513Upon review of the trial transcript and of the presentence report, we find the sentence imposed to be excessive to the extent indicated. Appellant’s other contentions have been reviewed and rejected. Concur — Fein, J. P., Milonas, Rosenberger, Ellerin and Wallach, JJ.
Order entered January 25, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-12-01143-CV

LAKEITH AMIR-SHARIF, Appellant

V.

QUICK TRIP CORPORATION, ET AL, Appellees

On Appeal from the 101st Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-09-13818-E

ORDER

Before the Court is appellees’ second motion to extend time to file their brief. We 

GRANT appellees’ motion as follows. Our records show that by order dated January 7, 2013 we 

directed the Clerk of the Court to mail appellant a copy of the reporter’s record. By order dated 

December 21, 2012 we ordered appellant to file his brief by January 20, 2013. To date, appellant 

has not filed his brief. Appellees’ brief is due within thirty days after appellant’s brief is filed. 

See TEX. R. APP. P. 38.6(b). 

/s/ CAROLYN WRIGHT

CHIEF JUSTICE
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<NET-INCOME>                                 (364,183)
<EPS-PRIMARY>                                  (0.030)
<EPS-DILUTED>                                  (0.030)
        

</TABLE>
#### Micheline Bienish, Appellant, v Regency Club at Wallkill, LLC, Respondent.

[942 NYS2d 884]—

In an action, inter alia, to rescind a repayment agreement, the plaintiff appeals from an order of the Supreme Court, Orange County (Ritter, J.), dated September 20, 2010, which, among other things, granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff, a former manager of the defendant apartment complex, entered into a repayment agreement, in which she admitted that certain funds belonging to the defendant were not properly deposited into the defendant’s account, and agreed to repay those funds. The plaintiff also executed, in accordance with the agreement, an affidavit of confession of judgment, upon which the defendant subsequently entered judgment by confession against her. The plaintiff thereafter commenced this action, inter alia, to rescind the repayment agreement, to vacate the judgment by confession, and to recover damages for breach of contract.

The defendant demonstrated its prima facie entitlement to judgment as a matter of law dismissing the complaint. The defendant submitted evidence that the judgment by confession was properly entered in accordance with the terms of the repayment agreement. In opposition, the plaintiff failed to raise a triable issue of fact. Contrary to the plaintiffs contention, since the repayment agreement provided that a judgment could be entered by the defendant, upon the plaintiffs affidavit of confession of judgment, “at any time,” the defendant’s entry of judgment was not premature or unauthorized *(cf. Rae v Kestenberg,*23 AD2d 565 [1965], *affd*16 NY2d 1023 [1965]).

The defendant further demonstrated, prima facie, that it did not breach any employment agreement with the plaintiff, and that the plaintiff was not denied adequate and reasonable access to its books and records, such that the defendant did not breach the repayment agreement or procure that agreement by fraud *(see Alvarez v Prospect Hosp.,*68 NY2d 320 [1986]). In opposition, the plaintiff failed to raise a triable issue of fact.

Accordingly, the Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint.

The plaintiffs remaining contentions either are without merit or need not be reached in light of our determination. Skelos, J.E, Dillon, Eng and Austin, JJ., concur.
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<TABLE> <S> <C>

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<PERIOD-END>                               JUN-30-1997
<CASH>                                           8,334
<INT-BEARING-DEPOSITS>                             111
<FED-FUNDS-SOLD>                                 1,668
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<PAGE>
 
                                                                     EXHIBIT 23
 
                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS
 
   As independent public accountants, we hereby consent to the incorporation
of our reports included in this Form 10-K, into NIPSCO Industries, Inc.'s
previously filed Form S-8 Registration Statement No. 33-30619; Form S-8
Registration Statement No. 33-30621; Form S-8 Registration Statement No. 333-
08263; Form S-8 Registration Statement No. 333-19981; Form S-8 Registration
Statement No. 333-19983; Form S-8 Registration Statement No. 333-19985; Form
S-8 Registration Statement No. 333-59151; Form S-8 Registration Statement No.
333-59153; Form S-3 Registration Statement No. 333-69279; Form S-8
Registration Statement No. 333-72401; Form S-8 Registration Statement No. 333-
72367; and Form S-3 Registration Statement No. 333-26847.
 
 
Chicago, Illinois
March 30, 1999
 
                                      39