alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT

 DISTRICT OF OREGON

IRVIN TOVAR, 

 

 Petitioner, 3:15-cv-00938-SU

 

 

 v. FINDINGS AND 

 RECOMMENDATION

MARION FEATHER, 

 

 Respondent. 

 

SULLIVAN, Magistrate Judge.

Petitioner, a federal inmate housed by the BOP at FCI

Sheridan, filed a petition under 28 U.S..C. § 2241 challenging

a disciplinary sanction which resulted in the imposition of a

sanction disallowing 41 days of good conduct time and

forfeiting 30 days of non-vested good conduct time. 

Petitioner was also removed from the RDAP and reincarcerated

at FCI, Sheridan.

1 - FINDINGS AND RECOMMENDATION

Case 3:15-cv-00938-SU Document 12 Filed 12/01/15 Page 1 of 3
The record reflects that on September 22, 2015, the BOP

expunged petitioner’s incident report, restoring 41 days of

good conduct time and 30 days of non-vested good conduct time. 

As a result, petitioner’s release date was advanced from

December 6, 2015, to October 5, 2015, and petitioner is no

longer in the physical custody of the BOP. 

Because the incident report he challenges has been

expunged and the impact to his release date has been reversed,

petitioner’s claims in this proceeding are moot.

Petitioner’s Petition (#2) should be denied as moot. The

Clerk of the Court should be directed to enter a judgment

dismissing this proceeding with prejudice. 

This recommendation is not an order that is immediately

appealable to the Ninth Circuit Court of Appeals. Any notice

of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate

Procedure, should not be filed until entry of the district

court's judgment or appealable order. The parties shall have

fourteen (14) days from the date of service of a copy of this

recommendation within which to file specific written

objections with the court. Thereafter, the parties have

fourteen (14) days within which to file a response to the

objections. Failure to timely file objections to any factual

determinations of the Magistrate Judge will be considered a

waiver of a party's right to de novo consideration of the

2 - FINDINGS AND RECOMMENDATION

Case 3:15-cv-00938-SU Document 12 Filed 12/01/15 Page 2 of 3
factual issues and will constitute a waiver of a party's right

to appellate review of the findings of fact in an order or 

judgment entered pursuant to the Magistrate Judge's

recommendation.

DATED this 1st day of December, 2015.

 

 Patricia Sullivan

 United States Magistrate Judge

3 - FINDINGS AND RECOMMENDATION

/s/ Patricia Sullivan

Case 3:15-cv-00938-SU Document 12 Filed 12/01/15 Page 3 of 3
1 Order filed December 1 , 2016

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 16

- 00 754

- CV

____________ IN RE FORREST LOCKE AND SH ERRI LEYENDECKER Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS Probate Court No. 3 Harris County, Texas Trial Court Cause No. 432,609



### CONTINUING ABATEMENT ORDER
On September 22, 2016
, relators Forrest Locke and Sherri Leyendecker filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relators ask this court to compel the Honorable Rory R. Olsen, presiding judge of Probate Court No. 3 of Harris County, to set aside his (1) August 23, 2016 oral ord er denying relators’ motion to terminate the receivership; and (2) August 23, 2016 written order granting the applicant’s motion to give bond in the receivership in trial court cause number2 432,609, styled In re Estate of Cecil Wayne Clancy, Deceased

. On September 29 , 2016, the parties filed a joint motion to abate this original proceeding through October 6, 2016, to allow the parties to continue settlement negotiations. On September 30, 2016, we granted the joint motion to abate , abated
this case until October 6, 2016, and directed relators and real party in interest to
advise this court of the status of the settlement.
On October 6, 2016, relators and real party in interest advised this court that the parties were still attempting to settle the case, a nd requested that the abatement be continued through October 14, 2016. We granted the motion and issued an order on October 10, 2016, continuing the abatement through October 14, 2016.
On October 14, 2016, the relators and real party in interest filed a m otion to extend the abatement because the parties are still attempting to settle the case. We granted the motion and issued an order on October 20, 2016, continuing the abatement for thirty days.
On November 18, 2016, the parties advised this court that t hey agreed to continue the abatement pending performance of their mediated settlement.3 Therefore, the abatement of this case is continued until such time when the parties advise this court that they have performed their mediate d settlement. We order the parties to provide an update to this court every thirty days , starting from the date of this order, regarding the status of the case until they have performed their
mediated settlement. Th e original proceeding will be reinstated on this court’s active docket when the parties file a motion to dismiss the original proceeding or other dispositive motion. This court will also consider an appropriate motion to reinstate the original proceeding, or the court may reinstate the original proceeding on its own
motion.

It is so ORDERED.

PER CURIAM
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#### Frank M. Stallone, Appellant, v Joseph Richard et al., Defendants, and Mary Richard et al., Respondents.

[943 NYS2d 225]—

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau *876County (Marber, J.), entered May 2, 2011, which granted that branch of the motion of the defendants Mary Richard and James Richard which was pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against them and denied his cross motion, in effect, to vacate his default in timely filing a note of issue and to extend his time to file a note of issue.

Ordered that the order is affirmed, with costs.

A certification order of the Supreme Court dated July 16, 2010, directing the plaintiff to file a note of issue within 90 days, and warning that the complaint would be deemed dismissed without further order of the Supreme Court if the plaintiff failed to comply with that directive, had the same effect as a valid 90-day notice pursuant to CPLR 3216 (see *Fenner v County of Nassau,*80 AD3d 555 [2011]; *Sicoli v Sasson,*76 AD3d 1002, 1003 [2010]; *Rodriguez v Five Towns Nissan,*69 AD3d 833, 834 [2010]; *Petersen v Lysaght, Lysaght & Kramer, PC.,*47 AD3d 783 [2008]). Having received a 90-day notice, the plaintiff was required either to serve and file a timely note of issue or to move pursuant to CPLR 2004, prior to the default date, to extend the time within which to serve and file a note of issue *(see Fenner v County of Nassau,*80 AD3d at 555; *Sharpe v Osorio,*21 AD3d 467, 468 [2005]). The plaintiff did neither. Thus, in order to avoid dismissal, the plaintiff was required to demonstrate a justifiable excuse for his failure to comply with the certification order and the existence of a potentially meritorious cause of action *(see*CPLR 3216 [e]; *Baczkowski v Collins Constr. Co.,*89 NY2d 499, 503 [1997]; *Rodriguez v Five Towns Nissan,*69 AD3d at 834; *Sharpe v Osorio,*21 AD3d at 468).

Here, the conclusory and unsubstantiated claim of law office failure proffered by the plaintiff did not rise to the level of a reasonable excuse *(see Fenner v County of Nassau,*80 AD3d at 556; *Star Indus., Inc. v Innovative Beverages, Inc.,*55 AD3d 903, 905 [2008]; *Piton v Cribb,*38 AD3d 741, 742 [2007]). Further, the plaintiff failed to establish the existence of a potentially meritorious cause of action *(see Bard v Jahnke,*6 NY3d 592 [2006]; *Sarno v Kelly,*78 AD3d 1157 [2010]).

In light of the above, the plaintiff’s remaining contention need not be considered.

Accordingly, the Supreme Court properly granted that branch of the motion of the defendants Mary Richard and James Richard which was pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against them and denied the plaintiffs cross motion, in effect, to vacate his default in timely filing a note of issue and to extend his time to file a note of issue. Rivera, J.E, Florio, Chambers and Cohen, JJ., concur.
Document Headings

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                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
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                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:

*Name and Committee Code:*                     Advisory Committee for Polar Programs (1130).                

*Date and Time:*                     September 23, 2021; 10:30 a.m.-4:30 p.m.                

September 24, 2021; 10:30 a.m.-4:30 p.m.

*Place:*                     National Science Foundation, 2415 Eisenhower Avenue, Alexandria, Virginia 22314 | Virtual.                

                    Registration for the virtual meeting will be available two weeks prior to the meeting date and will be located on the website:                     *https://www.nsf.gov/​geo/​opp/​advisory.jsp.*

*Type of Meeting:*                     Open.                

*Contact Person:*                     Beverly Walker, National Science Foundation, 2415 Eisenhower Avenue, Virginia 22314; Telephone: (703) 292-2614.                

*Minutes:*                     May be obtained from the contact person listed above.                

*Purpose of Meeting:*                     To provide advice and recommendations to the National Science Foundation concerning support for polar research, education, infrastructure and logistics, and related activities.                

## Agenda

### September 23, 2021; 10:30 a.m.-4:30 p.m. (Virtual)

    - COVID 19 Impacts
    - Advisory Committee Liaison Updates
    *Joint Session:*                     Polar Programs (OPP) and Advisory Committee on Cyberinfrastructure (ACCI)                
    - NSF GEO Activities Updates

### September 24, 2021; 10:30 a.m.-4:30 p.m. (Virtual)

    - Research Security and International Partnerships
    - Meeting with the NSF Director & Chief Operating Officer
    - NSF GEO Activities Updates
    - USAP Polar Vessel Requirements Updates
    - Discussion regarding Subcommittee on Diversity, Equity, & Inclusion

Dated: August 23, 2021.

Crystal Robinson,

Committee Management Officer.

[FR Doc. 2021-18405 Filed 8-26-21; 8:45 am]

BILLING CODE 7555-01-P
WILBORN LAW OFFICE, P.C. 

TIJv1 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 

JOANIE LaCLAIR, 

Plaintiff, 

vs. 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

COMMISSIONER of Social Security, 

Defendant. 

Case No. 1:15-cv-1689-SB 

I ORDER 

Attorney fees in the amount of $8,400.00 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. 

DATED this fi!_ day oJ;/o,k: , 2016. 

Submitted on September 2, 2016 by: 

s/ Tim Wilborn 

TIJv1 WILBORN, OSB # 944644 

(702) 240-0184 

Attorney for Plaintiff 

ORDER - Page 1 

Case 1:15-cv-01689-SB Document 20 Filed 09/06/16 Page 1 of 1
Case 3:15-cv-01714-SI Document 1 Filed 09/10/15 Page 1 of 12
Case 3:15-cv-01714-SI Document 1 Filed 09/10/15 Page 2 of 12
Case 3:15-cv-01714-SI Document 1 Filed 09/10/15 Page 3 of 12
Case 3:15-cv-01714-SI Document 1 Filed 09/10/15 Page 4 of 12
Case 3:15-cv-01714-SI Document 1 Filed 09/10/15 Page 5 of 12
Case 3:15-cv-01714-SI Document 1 Filed 09/10/15 Page 6 of 12
Case 3:15-cv-01714-SI Document 1 Filed 09/10/15 Page 7 of 12
Case 3:15-cv-01714-SI Document 1 Filed 09/10/15 Page 8 of 12
Case 3:15-cv-01714-SI Document 1 Filed 09/10/15 Page 9 of 12
Case 3:15-cv-01714-SI Document 1 Filed 09/10/15 Page 10 of 12
Case 3:15-cv-01714-SI Document 1 Filed 09/10/15 Page 11 of 12
Case 3:15-cv-01714-SI Document 1 Filed 09/10/15 Page 12 of 12
#### UNITED STATES of America, Plaintiff-Appellee, v. Mark Valentine BAUER, Defendant-Appellant.

No. 06-50224.

United States Court of Appeals, Ninth Circuit.

Submitted April 16, 2007 *.

Filed April 19, 2007.

Becky S. Walker, Esq., USLA—Office of the U.S. Attorney, Criminal Division, Los Angeles, CA, Alexander A. Bustamante, Esq., USR—Office of the U.S. Attorney, Riverside, CA, for Plaintiff-Appellee.

Vicki Marolt Buchanan, Esq., Newport Beach, CA, for Defendant-Appellant.

*746Before: O’SCANNLAIN, CLIFTON, and BEA, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Mark Valentine Bauer appeals from his guilty-plea conviction and sentence.

Pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Bauer’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Bauer filed a *pro se*supplemental brief. The government has filed a motion to dismiss based on his valid appeal waiver.

Our independent review of the briefs and the record pursuant to *Penson v. Ohio,*488 U.S. 75, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no grounds for relief on direct appeal. We affirm the conviction. Because Bauer knowingly and voluntarily waived his right to appeal his sentence and was sentenced within the terms of the plea agreement, we dismiss the appeal of his sentence. *See United States v. Nguyen,*235 F.3d 1179, 1182 (9th Cir.2000) (stating that an appeal waiver is valid when it is entered into knowingly and voluntarily).

Counsel’s motion to withdraw is GRANTED.

The government’s motion to dismiss is denied as moot.

We AFFIRM the conviction and DISMISS the appeal of the sentence.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Third Amendment to
                              Amended and Restated
                    Certificate of Limited Partnership of
                Geodyne Energy Income Limited Partnership II-E

     The undersigned,  desiring to amend its amended and restated  certificate
of limited  partnership  pursuant  to the  Oklahoma  Revised  Uniform  Limited
Partnership Act, as amended,  Okla.  Stat. tit. 54 (1993),  Section 301 et seq
(the "Act"), do hereby state:

1.    The name of the limited  partnership  is Geodyne  Energy Income  Limited
Partnership II-E.

2.    The dates of filing of the Certificate of Limited Partnership and all
amendments thereto are as follows:

      Name                                                    Date
      ----                                                    ----

Agreement and Certificate of Limited Partnership              9/28/88
Amended and Restated Certificate of Limited
   Partnership                                                3/10/89
First Amendment to Amended and Restated
   Certificate of Limited Partnership                         2/25/93
Second Amendment to Amended and Restated
   Certificate of Limited Partnership                         7/19/96

3. The Amended and Restated  Certificate of Limited  Partnership  dated March 9,
1989, and filed with the Oklahoma  Secretary of State on March 10, 1989,  stated
that the latest  date upon  which the  limited  partnership  is to  dissolve  is
December 31, 2001.  Pursuant to its terms,  the  Agreement  and  Certificate  of
Limited  Partnership dated September 27, 1988 (the "Partnership  Agreement") was
amended on  November  14,  2001,  to state  that the latest  date upon which the
Partnership  is to dissolve  is December  31,  2003,  provided  that the General
Partner may extend the term of the Partnership for up to four additional periods
of two years each pursuant to the provisions of the Partnership Agreement.

      Therefore,  the Amended and Restated Certificate of Limited Partnership is
hereby  revised  to state that the latest  date on which the  Partnership  is to
dissolve  is  December  31,  2003,  subject  to  extension  as set  forth in the
Partnership's Partnership Agreement.

      Dated:  November 14, 2001.

                                          GEODYNE RESOURCES, INC.
                                          General Partner

                                          By:   /s/ Dennis R. Neill
                                                ---------------------------
                                                Dennis R. Neill, President
Exhibit 99.1
CERTIFICATION 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 Bourbon Bancshares, Inc. (the
"Company") on Form 10-Q for the period ended March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Buckner Woodford, Chief Executive Officer of the Company, 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:

     (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/ Buckner Woodford_____
                              Chief Executive Officer

                              May 15, 2003
1
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Case: 1:04-cv-02617 Document #: 73-5 Filed: 11/30/05 Page 1 of 1 PageID #:562