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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7542

FALANIKO UTI,
Petitioner - Appellant,

v.

TRACY JOHNS; FEDERAL BUREAU OF PRISONS,
Respondents - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:08-hc-02017-H)

Submitted: January 14, 2010 Decided: January 21, 2010

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Falaniko Uti, Appellant Pro Se. Christina Ann Thompson, BUREAU OF PRISONS, Butner, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Falaniko Uti, a federal prisoner, appeals the district
court’s order denying relief on his 28 U.S.C. § 2241 (2006)
petition. We have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the

district court. Uti v. Johns , No. 5:08-hc-02017-H (E.D.N.C.
July 27, 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
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE FORM
10-QSB FOR THE QUARTERLY PERIOD ENDED DECEMBER 31, 1998 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                         809,728
<SECURITIES>                                         0
<RECEIVABLES>                                1,169,974
<ALLOWANCES>                                    92,867
<INVENTORY>                                  1,636,926
<CURRENT-ASSETS>                             3,533,761
<PP&E>                                         316,565
<DEPRECIATION>                                 104,703
<TOTAL-ASSETS>                               3,961,450
<CURRENT-LIABILITIES>                          705,188
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        27,814
<OTHER-SE>                                   3,222,702
<TOTAL-LIABILITY-AND-EQUITY>                 3,961,450
<SALES>                                      1,222,004
<TOTAL-REVENUES>                             1,286,476
<CGS>                                          930,756
<TOTAL-COSTS>                                2,601,847
<OTHER-EXPENSES>                               127,119
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (1,894)
<INCOME-PRETAX>                            (2,375,140)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,375,140)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,375,140)
<EPS-PRIMARY>                                   (0.85)
<EPS-DILUTED>                                        0
        

</TABLE>
TWIN LAKES TUNNELLatitude: 39.082Longitude: -106.541Elevation: None

TWIN LAKES TUNNEL

Courtesy NRCS - Go to Chapman Tunnel Site Page...



Chapman Tunnel

Courtesy NRCS - Go to Brumley Site Page...



Brumley

Courtesy NRCS - Go to Independence Pass Site Page...



Independence Pass

Courtesy NRCS - Go to Ivanhoe Site Page...



Ivanhoe

Courtesy NRCS - Go to Nast Lake Site Page...



Nast Lake
#### Robert Reinhart, Appellant, v Terra Nova Insurance Company, Ltd., et al., Respondents, et al., Defendants.

The appeal from so much of the order as granted the cross *796motion of the defendant Lo Vullo Millemaci Associates, Inc. must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment thereon *(see, Matter of Aho,*39 NY2d 241, 248). The issues raised on appeal from that portion of the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).

The plaintiff owns a seven-acre parcel of property. Situated on this parcel is an L-shaped barn used for commercial storage in which an apartment was built in 1964. The plaintiff insured the property against loss by fire with Terra Nova in 1978. On November 12, 1981, a fire occurred in the barn and the structure was destroyed. The fire was apparently caused by the activities of a commercial tenant who leased space in the barn. Terra Nova Insurance Company, Ltd., refused to make payment on the ground that the policy was intended to provide coverage for a dwelling and that the plaintiff had used the barn for commercial purposes.

The policy of insurance clearly and unambiguously excludes from coverage "structures used in whole or in part for business purposes”, and it therefore clearly applies to the barn owned by the plaintiff *(see, e.g., Seaboard Sur. Co. v Gillette Co.,*64 NY2d 304, 311; *Utica Mut. Ins. Co. v Prudential Prop. & Cos. Ins. Co.,*103 AD2d 60, 63, *affd*64 NY2d 1049). Contrary to the plaintiff’s assertion, the respondents are not estopped from denying coverage if in fact they did know of the commercial use of the barn. The doctrine of estoppel is inapplicable where the issue is the existence or nonexistence of coverage, such as the situation at bar where the property which has been insured is subject to an exclusion *(see, Schiff Assoc. v Flack,*51 NY2d 692, 698; *see also, Zappone v Home Ins. Co.,*55 NY2d 131; *United Servs. Auto. Assn. v Meier,*112 AD2d 288, 290). Nor can the plaintiff recover on the policy for the loss of the apartment which was not being used for commercial purposes. The record clearly indicates that the apartment was built inside of the barn and is, therefore, a part of the barn which is excluded from coverage. Because the provisions of the policy are clear and unambiguous, we are compelled to adopt their plain and ordinary meaning. We decline to rewrite the insurance policy to extend coverage to the subject premises *(see, Government Employees Ins. Co. v Kligler,*42 NY2d 863, 864). Mangano, J. P., Weinstein, Lawrence and Eiber, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED BALANCE SHEET OF REGENT ASSISTED LIVING, INC. AS OF MARCH 31, 1998,
AND THE RELATED STATEMENT OF OPERATIONS FOR THE THREE MONTHS IN THE PERIOD
ENDED MARCH 31, 1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       3,508,629
<SECURITIES>                                         0
<RECEIVABLES>                                  464,305
<ALLOWANCES>                                    27,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                             4,384,720
<PP&E>                                      59,135,057
<DEPRECIATION>                                 660,814
<TOTAL-ASSETS>                              66,707,418
<CURRENT-LIABILITIES>                        1,986,769
<BONDS>                                     46,411,202
<PREFERRED-MANDATORY>                       10,808,703
<PREFERRED>                                          0
<COMMON>                                     9,349,841
<OTHER-SE>                                  (6,786,862)
<TOTAL-LIABILITY-AND-EQUITY>                66,707,418
<SALES>                                      4,216,580
<TOTAL-REVENUES>                             4,288,205
<CGS>                                        4,190,136
<TOTAL-COSTS>                                6,686,558
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              64,415
<INCOME-PRETAX>                             (2,395,575)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         (2,395,575)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (2,395,575)
<EPS-PRIMARY>                                     (.55)
<EPS-DILUTED>                                     (.55)
        

</TABLE>
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

KEVIN ROREECE RAY

,

Appellant

v

.

THE STATE OF TEXAS

,

Appellee. §

§

§

§

§

§ No. 08

- 1 3

- 00 34 2

- C R

Appeal from the

Criminal D istrict Court No. 2

of Tarrant County, Texas

(TC# 128050 4D )

MEMORANDUM OPINION

Appellant, Kevin Roreece Ray , has filed a motion to dismiss this appeal. Rule 42.2(a)

permits an appellate court to dismiss a c riminal appeal on the appellant’ s motion at any time

before the court ’ s decision. T EX .R.A PP .P. 42.2(a). Because the Appellant has complied with the

requir ements of Rule 42.2(a), we grant the motion and dismiss the appeal.

GUADALUPE RIVERA, Justice

February 19, 2014

Before McClure, C.J., Rivera, and Rodriguez, JJ.

(Do Not Publish)
Katherine Eitenmiller, OSB # 145731

Brent Wells, OSB # 85403 

HARDER, WELLS, BARON & MANNING, P.C. 

474 Willamette Street 

Eugene, OR 97401 

(541) 686-1969 

keitenmiller@hwbm.net 

Of Attorneys for the Plaintiff 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

GREGGORY A. ROLFE, ) 

) Case No. 6:16-cv-00096-JE

Plaintiff, ) 

vs. ) 

) ORDER FOR PAYMENT OF ATTORNEY 

COMMISSIONER, ) FEES PURSUANT TO EAJA 

Social Security Administration , ) 

) 

) 

____________Defendant._________) 

Based upon the Stipulation of the parties, it is hereby ORDERED that attorney fees in the 

amount of $8,975.53 are hereby awarded to Plaintiff, pursuant to the Equal Access to Justice Act 

(EAJA), 28 U.S.C. § 2412. Payment of this award shall be paid via check made payable to 

Plaintiff and mailed to Plaintiff’s attorneys at Harder, Wells, Baron & Manning, P.C., 474 

Willamette Street, Eugene, Oregon 97401. Pursuant to Astrue v. Ratliff, the award shall be made 

payable to Plaintiff’s attorneys, Harder, Wells, Baron & Manning, P.C., if the Commissioner 

confirms that Plaintiff owes no debt to the government through the federal treasury offset 

program. There are no costs or expenses to be paid herein. 

Dated this day of February 2018. 

______________________________

U.S. District Judge/Magistrate 

PRESENTED BY: 

s/ Katherine Eitenmiller 

Harder, Wells, Baron & Manning, P.C. 

Of Attorneys for Plaintiff

26th 

/s/ John Jelderks

XXXXXXXX Judge
Glen Canyon Dam Adaptive Management Program

Technical Work Group Meeting, April 12-13, 2023 

ACTION ITEMS, MOTIONS, and VOTES

MOTIONS 

Adoption of Meeting Minutes

Seth Shanahan, SNWA and TWG Vice-Chair, approved the meeting minutes from January 26, 2023.

Motion on the FLAHG outline/proposed plan of action to amend the HFE protocol: 

[Ben Reeder, GCRG] Made a motion to accept the six bulleted items as the TWG’s deliverable to AMWG. 

[Erik Stanfield, Navajo Nation] Seconded. [Seth Shanahan, TWG Chair] Motion passed with no 

objections. 

NEW ACTION ITEMS

• Reclamation will follow up with Martina Dawley, Hualapai Tribe, and Kerry 

Pedersen, Reclamation, on the visit to the Southwest Native Aquatic Resource and 

Recovery Center. 

• The TWG needs to summarize the Incentivized Harvest Program and assess its 

effects as a way to remove fish (other than mechanical removal) if there is a 

trigger. 

• WAPA requests that Reclamation make the P&I team votes more public for better 

sharing on their deliberations.

• TWG would like to hear from GCMRC and NPS scientists on all the options to 

control the smallmouth bass population. 

• Clarence will look at the fish exclusion panel’s assessment to see how other 

technologies were assessed but discarded. 

• Betsy Morgan will reach out to Lynn Hamilton to see if she can put together 

another article for the river guides. 

• GCMRC and NPS scientists will summarize impacts from mitigation efforts 

associated with the smallmouth bass population.

• Reclamation needs to provide information on how it wants the TWG to be involved 

in the next budget.

• Erik Skeie should consider the first week of May for a BAHG call.
Exhibit 32.2
 
 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
 AS ADOPTED PURSUANT TO SECTION 906
 OF THE SARBANES-OXLEY ACT OF 2002
 
 The Quarterly Report on Form 10-Q for the quarter ended July 31, 2003 of Entrada Networks, Inc. fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Quarterly Report on Form 10-Q for the quarter ended July 31, 2003 of Entrada Networks, Inc fairly presents, in all material respects, the financial condition and results of operations of Entrada Networks, Inc.
 Dated: September 11, 2003
 
 Subscribed and sworn tobefore me this 11 thday of September/s/ Davinder Sethi, PhD.

/s/ Baksha JobanputraChief Financial Officer

Notary PublicState of New Jersey
# L_2009025EN.01001701.xml

| 29.1.2009 | EN | Official Journal of the European Union | L 25/17 |
| --- | --- | --- | --- |

29.1.2009

EN

Official Journal of the European Union

L 25/17

---

COUNCIL DECISION

of 20 January 2009

amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditor of the Bank Ċentrali ta′ Malta/Central Bank of Malta

(2009/76/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty establishing the European Community, and in particular to Article 27(1) thereof,

Having regard to Recommendation ECB/2008/19 of the European Central Bank of 5 December 2008 to the Council of the European Union on the external auditors of the Central Bank of Malta (1),

Whereas:

| (1) | The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem shall be audited by independent external auditors recommended by the ECB's Governing Council and approved by the Council of the European Union. |
| --- | --- |

(1)

The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem shall be audited by independent external auditors recommended by the ECB's Governing Council and approved by the Council of the European Union.

| (2) | The mandate of the current external auditors of the Bank Ċentrali ta′ Malta/Central Bank of Malta will end after the audit for the financial year 2008. It is therefore necessary to appoint external auditors as from the financial year 2009. |
| --- | --- |

(2)

The mandate of the current external auditors of the Bank Ċentrali ta′ Malta/Central Bank of Malta will end after the audit for the financial year 2008. It is therefore necessary to appoint external auditors as from the financial year 2009.

| (3) | The ECB's Governing Council has recommended that KPMG should be appointed as the external auditors for the financial years 2009 to 2013. |
| --- | --- |

(3)

The ECB's Governing Council has recommended that KPMG should be appointed as the external auditors for the financial years 2009 to 2013.

| (4) | It is appropriate to follow the recommendation of the ECB's Governing Council and amend Council Decision 1999/70/EC (2) accordingly, |
| --- | --- |

(4)

It is appropriate to follow the recommendation of the ECB's Governing Council and amend Council Decision 1999/70/EC (2) accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

Article 1(15) of Decision 1999/70/EC shall be replaced by the following:

‘15.   KPMG is hereby approved as the external auditors of Bank Ċentrali ta′ Malta/Central Bank of Malta for the financial years 2009 to 2013.’

Article 2

This Decision shall be notified to the ECB.

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 20 January 2009.

For the Council

The President

M. KALOUSEK

---

(1)  
  OJ C 322, 17.12.2008, p. 1.

1

(2)  
  OJ L 22, 29.1.1999, p. 69.

2

---
#### The People of the State of New York, Respondent, v Douglas Blake, Appellant.

The defendant’s contention that the trial court failed to deliver a sufficiently detailed identification charge was not preserved for appellate review, as no timely objection was *667registered at the trial *(see,*CPL 470.05 [2]; *People v Beasley,*114 AD2d 415, 416). In any event, the record reveals that the question of the defendant’s guilt hinged largely upon the credibility of the People’s witnesses, and not upon the nature and quality of their observations of the defendant during the commission of the crime. Accordingly, the defendant’s contention that he was entitled to a comprehensive charge on identification is lacking in merit *(see, People v Whalen,*59 NY2d 273, 279; *People v Beasley, supra; People v Smith,*100 AD2d 857). Lazer, J. P., Niehoff, Lawrence and Kooper, JJ., concur.
#### PEOPLE v. WALDRON.

(Supreme Court, Appellate Division, First Department.

December 18, 1896.)

Proceeding against Robert H. Waldron.

No opinion. Motion granted.






Fourth Court of Appeals 

 NOTIFICATION OF LATE RECORD

Court of Appeals No., if known: 04-15-00005-CV

Trial Court Style: Estate of Jack H. Ikenaga, Sr., Deceased

Trial Court No.: 2011-PC-4330

I am the official responsible for preparing the clerk’s record/reporter’srecord [circle one] in the abovereferenced appeal. The approximate date of trial was: 19 hearings from April 2014 through January 2015

The record was originally due: March 6, 2015

I anticipate the length of the record to be: 1000+ pages

I am unable to file the record by the date such record is due because [check one]:

the appellant is not entitled to appeal without paying the fee, and the appellant has failed to pay the

fee or make arrangements to pay the fee for preparing such record.

my other duties or activities preclude working on the record and include the following [attach

additional pages if needed]:

**Other. Explain [attach additional pages if needed]: I did not receive a response to an email sent to 

the attorney at the beginning of this week requesting payment in full. I did not know if the record was still 

needed. This afternoon the appellant delivered payment. I need to finish proofreading and correcting 

the last volumes and also scan the exhibits.

I anticipate the record will be completed by: March 13, 2015

I, asthe undersigned courtofficial, certifythat a copyofthisNotificationof LateRecord has beenserved by first class

mail of fax to the partiesto the judgment or order being appealed.

Date: March 6, 2015 Signature: /s/ Cheryl D. Hester

Printed

Name: Cheryl D. Hester

Title: Official Court Reporter, Probate Court No. 1

Rev. 1.8.14

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 3/6/2015 4:58:51 PM KEITH E. HOTTLE Clerk
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<PAGE>

                                                                    Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER 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 Intelligroup, Inc, (the
"Company") on Form 10-K for the annual period ended December 31, 2005 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Madhu Poomalil, 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 and to the best of my knowledge and belief, that:

(1)      The Report fully complies with the requirements of Section 13(a) or
         15(d) of the Securities Exchange Act of 1934 (16 U.S.C. 78m or 78o(d);
         and

(2)      The information contained in the Report fairly presents, in all
         material respects, the financial condition and results of operations of
         the Company.

DATE: March 31, 2006                    By: /s/ Madhu Poomalil
                                              ------------------------
                                               Madhu Poomalil
                                               Chief Financial Officer