alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-2141

In re: ANTHONY COOK; DAVID DUREN; YAHYA MUQUIT; LAWRENCE 

CRAWFORD,

Petitioners.

On Petition for Writ of Mandamus. (4:16-cv-02939-MBS-TER)

Submitted: February 16, 2017 Decided: February 21, 2017

Before GREGORY, Chief Judge, DUNCAN, Circuit Judge, and 

HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Anthony Cook, David Duren, Yahya Muquit, Lawrence Crawford, 

Petitioners Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Petitioners seek several forms of mandamus relief, 

including writs of mandamus against multiple federal judges. 

Petitioners also seek to proceed in forma pauperis and have 

filed motions for a ruling of law, for recusal, and for this 

court to reconsider its previous orders in this and related 

appeals.

Mandamus relief is a drastic remedy and should be used only 

in extraordinary circumstances. Kerr v. U.S. Dist. Court, 426 

U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509, 

516-17 (4th Cir. 2003). Further, mandamus relief is available 

only when the petitioner has a clear right to the relief sought. 

In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 

1988).

We have reviewed Petitioners’ filings and conclude that 

Petitioners have not established that extraordinary 

circumstances exist warranting mandamus relief. To the extent 

Petitioners challenge the district court’s rulings in their 

respective district court actions, or this court’s prior orders, 

mandamus may not be used as a substitute for appeal. In re 

Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). And 

to the extent Petitioners ask that district court judges or 

judges of this court be ordered to recuse themselves from 

participation in their respective actions or appeals, 
3

Petitioners have not established extra-judicial bias. See In re 

Beard, 811 F.2d 818, 826-27 (4th Cir. 1987).

Accordingly, although we grant Petitioners’ applications to 

proceed in forma pauperis, we deny mandamus relief and 

Petitioners’ other pending motions. 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.

PETITION DENIED
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-7849

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

WENDELL SERGEANT,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Charles H. Haden II, Chief

District Judge. (CR-92-329, CA-97-419-2)

Submitted: March 26, 1998 Decided: April 7, 1998

Dismissed by unpublished per curiam opinion.

Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Cheryl Johns Sturm, Westtown, Pennsylvania, for Appellant. Michael

Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997).

We have reviewed the record and the district court's opinion

accepting the recommendation of the magistrate judge and find no

reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court.

United States v. Sergeant, Nos. CR-92-329, CA-97-419-2 (S.D.W. Va.

Oct. 29, 1997). 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
Exhibit 13.2

 

**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 Annual Report of 37 Capital Inc., (the "Company") on Form 20-F for the year ended December 31, 2023, as filed withthe Securities and Exchange Commission on the date hereof (the "Report"), I, Neil Spellman, Chief Financial 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 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 results of operations of the Company.

 

Signedthis 10th day of January, 2025.

 

**37 Capital Inc.**

 

/s/ “Neil Spellman”

 

Neil Spellman,

Chief Financial Officer
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<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AS OF MARCH 31, 1999, AND THE CONSOLIDATED STATEMENT
OF OPERATIONS FOR THE THREE MONTHS ENDED MARCH 31, 1999, AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
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<CASH>                                          16,895
<SECURITIES>                                    17,191
<RECEIVABLES>                                   38,204
<ALLOWANCES>                                     5,783
<INVENTORY>                                      1,178
<CURRENT-ASSETS>                                     0
<PP&E>                                         935,846
<DEPRECIATION>                                 459,706
<TOTAL-ASSETS>                               1,223,880
<CURRENT-LIABILITIES>                                0
<BONDS>                                      1,333,329
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             2
<OTHER-SE>                                   (327,783)
<TOTAL-LIABILITY-AND-EQUITY>                 1,223,880
<SALES>                                        131,546
<TOTAL-REVENUES>                               131,546
<CGS>                                                0
<TOTAL-COSTS>                                  116,262
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 1,682
<INTEREST-EXPENSE>                              29,761
<INCOME-PRETAX>                               (13,324)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (13,324)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (13,324)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
*

 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-60383

Summary Calendar

 

JAMES O. BOYCE,

 PetitionerAppellant,

versus

MARY THOMS, Warden of Federal Medical 

Center Lexington, As an Agent of the United States,

Respondent-Appellee.

____________________________________

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 1:99-CV-136-BrR

____________________________________

December 7, 1999

Before HIGGINBOTHAM, DeMOSS and STEWART, Circuit Judges.

PER CURIAM:*

James O. Boyce, federal prisoner # 03723-043, appealsthe district court’s dismissal of his 28

U.S.C. § 2241 petition. He argues that the district court erred in dismissing his petition on

jurisdictional grounds and, alternatively, that the district court erred in construing his petition as a

successive 28 U.S.C. § 2255 motion.

The district court was correct in concluding that it lacked jurisdiction over the pleading as a

§ 2241 petition. See United States v. Gabor, 905 F.2d 76, 78 (5th Cir. 1990). However, the petition

was properly construed as a § 2255 motion since Boyce challenges the validity of his sentence. See
Cox v. Warden, Fed. Detention Ctr., 911 F.2d 1111, 1113 (5th Cir. 1990); Solsona v. Warden,

F.C.I., 821 F.2d 1129, 1131-32 (5th Cir. 1987). 

Boyce contends that his petition was a § 2241 petition even though it challenges a federal

sentence because he has shown that § 2255 relief is inadequate in his case since a § 2255 motion

would be barred as successive. Cox, 911 F.2d at 1113. A prior unsuccessful § 2255 motion is not,

in and of itself, sufficient to establish the inadequacy or ineffectiveness of the remedy under § 2255.

See McGhee v. Hanberry, 604 F.2d 9, 10 (5thCir. 1979);see also Charles v. Chandler, 180 F.3d 753,

757 (6th Cir. 1999); United States v. Barrett, 178 F.3d 34, 50 (1st Cir. 1999). The claims Boyce

seeksto raise are substantially the same claims he raised in his first § 2255 motion, recast in a § 2241

petition in an attempt to circumvent the rules prohibiting successive 

§ 2255 motions. The district court’s judgment dismissing Boyce’s motion as a successive § 2255

motion filed without prior authorization from this court is AFFIRMED.
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

JONATHAN GORRIE, 

v. 

GNC HOLDINGS INC., et al., 

Plaintiff(s), 

Defendant( s). 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Based on the Notice of Voluntary Dismissal [28), 

Civil No. 03: 15-cv-02037-PK 

ORDER OF DISMISSAL 

IT IS ORDERED that this action is DISMISSED without prejudice and with each party to bear 

their own costs and fees. All pending motions are DENIED AS MOOT and the Oral Argument which 

was set for 2110/16 at 10:00 a.m. is STRICKEN. 

Dated this Q 1 ~ day of January, 2016. 

Paul Papak 

United States Magistrate Judge 

Case 3:15-cv-02037-PK Document 29 Filed 01/08/16 Page 1 of 1
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

September 10, 2007 Clifford W. Taylor, Chief Justice
133892 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 133892 COA: 267373 Macomb CC: 2004-002096-FH JULIE CHRISTINE LAEL BAUMER, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the April 12, 2007 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

s0830 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

September 10, 2007

Clerk
# C_2009039EN.01000101.xml

| 18.2.2009 | EN | Official Journal of the European Union | C 39/1 |
| --- | --- | --- | --- |

18.2.2009

EN

Official Journal of the European Union

C 39/1

---

Non-opposition to a notified concentration

(Case COMP/M.5436 — Citi Infrastructure Partners LP/Itinere Infraestructuras SA)

(Text with EEA relevance)

(2009/C 39/01)

On 13 February 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in Spanish and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32009M5436. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32009M5436. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---
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#### In the Matter of NICHOLAS D. INTROCASO, Jr., an attorney at law.

June 5, 1961.

Suspension lifted and respondent restored to the practice of law.
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