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

No. 22
- 7372

TRAVIS L. WATSON , Petitioner

- Appellant ,

v. DENNIS DANIELS , Respondent

- Appellee

.

Appeal from the United States District Court for the Middle District of North Carolina , at Greensboro

. Loretta C. Biggs , District Judge. ( 1:19

- cv - 00249

- LCB

- LPA )

Submitted : March 16, 2023 Decided: March 21, 2023

Before WILKINSON, AGEE, and HARRIS , Circuit Judges.

Dismissed by un published per curiam opinion

. Travis L. Watson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-7372 Doc: 12 Filed: 03/21/2023 Pg: 1 of 22 PER CURIAM: Travis L. Watson seeks to appeal the district court’s order denying his various motions for relief from the district court’s prior order denying relief on his 28 U.S.C. § 2254 petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A). See generally United States v.
McRae , 793 F.3d 392, 400 & n.7 (4th Cir. 2015). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right .” 28 U.S.C. § 2253(c)(2). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists could find the district court’s assessment of the constitutional claims debatable or wrong. See B uck v. Davis , 580 U.S. 100, 115

- 17 (2017). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable and that the petition states a debatable claim of the denial of a constitutional right. Gonzalez v. Thaler , 565 U.S. 134, 140

- 41 (2012) (citing Slack v. McDaniel , 529 U.S. 473, 484 (2000)). We have independently reviewed the record and conclude that Watson has not made the requisite showing. Accordingly, we deny a ce rtificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED USCA4 Appeal: 22-7372 Doc: 12 Filed: 03/21/2023 Pg: 2 of 2
#### In the Matter of Oskar Ziemelis, Appellant, v Cesar Perales et al., Respondents.

Special Term properly denied the petitioner’s application for attorneys’ fees on the ground that the services rendered by the petitioner’s attorneys were superfluous since the petitioner, before the instant proceeding was commenced, had secured the reinstatement of his food-stamp authorization and the restoration of his lost benefits solely through his own efforts. The petitioner failed to show that it was necessary to bring a proceeding to compel the respondents to comply with the fair hearing decision reinstating his food-stamp authorization *(see, Coen v Harrison County School Bd.,*638 F2d 24, *reh denied*644 F2d 34, *cert denied*455 US 938; *Commissioners Ct. of Medina County, Tex. v United States,*683 F2d 435; *American Constitutional Party v Munro,*650 F2d 184; *Taylor v*
      *588
      *Safeway Stores,*524 F2d 263). Bracken, J. P., Brown, Niehoff and Eiber, JJ., concur.
II

105TH CONGRESS

2D SESSION S. 1881

To amend title 49, United States Code, relating to the installation of

emergency locator transmitters on aircraft.

IN THE SENATE OF THE UNITED STATES

MARCH 30, 1998

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

referred to the Committee on Commerce, Science, and Transportation

A BILL

To amend title 49, United States Code, relating to the

installation of emergency locator transmitters on aircraft.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Airplane Emergency

5 Locator Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) on December 24, 1996, a plane piloted by

9 Johan Schwartz and Patrick Hayes disappeared

10 near Lebanon, New Hampshire;
2

•S 1881 IS

1 (2) an extensive search was conducted by the

2 States of New Hampshire, Connecticut, Vermont,

3 New York, Maine, and Massachusetts, in coopera4 tion with the Federal Government, in an unsuccess5 ful effort to locate the plane and any survivors;

6 (3) the plane described in paragraph (1) was

7 not required under law to carry an emergency loca8 tor transmitter; and

9 (4) emergency locator transmitters have been

10 found to be very helpful in locating downed aircraft

11 and saving lives.

12 SEC. 3. APPLICABILITY OF REQUIREMENT.

13 Section 44712(b) of title 49, United States Code, is

14 amended to read as follows:

15 ‘‘(b) NONAPPLICATION.—Subsection (a) does not

16 apply to aircraft when used in—

17 ‘‘(1) flight operations related to the design and

18 testing, manufacture, preparation, and delivery of

19 aircraft; or

20 ‘‘(2) the aerial application of a substance for an

21 agricultural purpose.’’.

Æ
II

105TH CONGRESS

2D SESSION S. 1857

For the relief of Olga, Igor, and Oleg Lyamin.

IN THE SENATE OF THE UNITED STATES

MARCH 25, 1998

Mr. TORRICELLI (for himself and Mr. LAUTENBERG) introduced the following

bill; which was read twice and referred to the Committee on the Judiciary

A BILL

For the relief of Olga, Igor, and Oleg Lyamin.

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

3 SECTION 1. PERMANENT RESIDENCE.

4 Notwithstanding any other provision of law, for pur5 poses of the Immigration and Nationality Act (8 U.S.C.

6 1101 et seq.), Olga, Igor, and Oleg Lyamin shall be held

7 and considered to have been lawfully admitted to the

8 United States for permanent residence as of the date of

9 the enactment of this Act upon payment of the required

10 visa fees.
2

•S 1857 IS

1 SEC. 2. REDUCTION OF NUMBER OF AVAILABLE VISAS.

2 Upon the granting of permanent residence to Olga,

3 Igor, and Oleg Lyamin as provided in this Act, the Sec4 retary of State shall instruct the proper officer to reduce

5 by the appropriate number during the current fiscal year

6 the total number of immigrant visas available to natives

7 of the country of the aliens’ birth under section 203(a)

8 of the Immigration and Nationality Act (8 U.S.C.

9 1153(a)).

Æ
<PAGE>

                                                                   EXHIBIT 23(b)


                             CONSENT OF INDEPENDENT

                           CERTIFIED PUBLIC ACCOUNTANT


Specialty Retail Group, Inc.
New York, New York


I hereby consent to the incorporation by reference in the Prospectus
constituting a part of Registration Statements Number 33-63068 and Number
33-88424 on Form S-8 of my report dated November 4, 1997, relating to the
consolidated financial statements of Specialty Retail Group, Inc. as of and for
the year ended June 29, 1997 appearing in the Company's Annual Report on Form
10-KSB for the year ended June 29, 1997.

I also consent to the reference to me as an "Expert" in Registration Statement
Number 33-88424.


Jeffrey M. Brinn, CPA
November 25, 1997



                                                                   Page 44 of 45

                                       44
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<NAME>                             GEODYNE ENERGY INCOME LTD PARTNERSHIP II-H
       
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#### In re EISNER’S ESTATE.

(Supreme Court, Appellate Division, First Department.

September 9, 1896.)

In the matter of Eliza Eisner, deceased.

No opinion. Order affirmed, with §10 costs and disbursements. See 38 N. Y. Supp. 1143, and 89 N. Y. Supp. 718..
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
The balance sheet as of December 31, 1996 and the related statements of
operations for the six month period ended December 31, 1996.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           1,979
<SECURITIES>                                         0
<RECEIVABLES>                                   49,875
<ALLOWANCES>                                     9,512
<INVENTORY>                                      2,444
<CURRENT-ASSETS>                                47,588
<PP&E>                                          18,640
<DEPRECIATION>                                   7,191
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<CURRENT-LIABILITIES>                           15,712
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<PREFERRED-MANDATORY>                              500
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<OTHER-SE>                                       5,867
<TOTAL-LIABILITY-AND-EQUITY>                   105,582
<SALES>                                         60,085
<TOTAL-REVENUES>                                60,085
<CGS>                                           28,959
<TOTAL-COSTS>                                   55,576
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,170
<INCOME-PRETAX>                                  3,339
<INCOME-TAX>                                     1,295
<INCOME-CONTINUING>                              2,044
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,044
<EPS-PRIMARY>                                     0.24
<EPS-DILUTED>                                     0.24
        

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

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
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<PERIOD-END>                               MAR-31-1998
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<EPS-PRIMARY>                                   (0.46)
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</TABLE>
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Third District Court of Appeal

State of Florida

Opinion filed July 7, 2021.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-0689

Lower Tribunal No. F89-30985A

________________

Felix Carbonell,

Appellant,

vs.

The State of Florida,

Appellee.

An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from 

the Circuit Court for Miami-Dade County, Lody Jean, Judge.

Felix Carbonell, in proper person.

Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant 

Attorney General, for appellee.

Before EMAS, HENDON, and MILLER, JJ. 

PER CURIAM.
2

Affirmed. See Bates v. State, 218 So. 3d 426, 427 (Fla. 2017) 

(Examining a successive motion for postconviction DNA testing and holding, 

“[b]ecause Bates seeks to relitigate questions of law already decided by [the 

Florida Supreme Court], his claims as to these seven items are procedurally 

barred.”) (citation omitted); see also Zeigler v. State, 116 So. 3d 255, 258 

(Fla. 2013) (“It is the defendant's burden to explain, with reference to specific 

facts about the crime and the items requested to be tested, how the DNA 

testing will exonerate the defendant of the crime or will mitigate the 

defendant's sentence.”) (citations omitted); Fla. R. Crim. P. 3.853(c)(5)(C) 

(When ruling on a motion for postconviction DNA testing, the court must 

determine “[w]hether there is a reasonable probability that the movant would 

have been acquitted or would have received a lesser sentence if the DNA 

evidence had been admitted at trial.”).