alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7173

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DAVID JONES, a/k/a Davey, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Raymond A. Jackson, District Judge. (CR-98-10, CA-00-147-4) Submitted: October 9, 2003 Decided: October 21, 2003 Before LUTTIG, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. David Jones, Appellant Pro Se. Janet S. Reincke, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: David Jones seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2255 (2000) motion. Jones cannot appeal this order unless a circuit judge or justice issues a certificate of appealability, and 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) (2000). A habeas appellant meets this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. SeeMiller-El v. Cockrell , 537 U.S. 322, , 123 S. Ct. 1029, 1039 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir.), cert. denied , 534 U.S. 941 (2001). We have independently reviewed the record and conclude Jones has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 January 23, 2019

Order 

Clerk

January 23, 2019

158309(11)

GRIEVANCE ADMINISTRATOR,

Petitioner,

v SC: 158309

ADB: 15-000049-GA

ANDREW LEO SHIRVELL,

Respondent.

___________________________________/

Upon de novo review by the entire Court in accordance with MCR 2.003(D)(2)(b), 

the Court orders that respondent’s motion to disqualify Justice Elizabeth T. Clement from 

participating in the decision of this case is DENIED for the reason that respondent has not 

alleged facts establishing an appearance of impropriety or a serious risk of actual bias from

her participation in the case. MCR 2.003(C)(1)(b). 

CLEMENT, J., did not participate in the decision on this disqualification motion.

CAVANAGH, J., did not participate due to her prior service as a member of the 

Attorney Grievance Commission.
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| 8th Floor, 701 Evans Avenue | Telephone: (416) 626-6000                |
|-----------------------------|------------------------------------------|
| Toronto, Ontario            | Facsimile:   (416)    626-8650 |
| Canada  M9C 1A3        | Web Site: www.mscm.ca                    |

 

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

To the Board of Directors and Stockholders of Silver Dragon Resources Inc.,

We hereby provide our consent to the incorporation byreference, in this Annual Report on Form 10-K.SB/A of Silver Dragon ResourcesInc., of our report dated April 7, 2005 relating to the financial statements ofSilver Dragon Resources Inc. for the period from January 1, 2004 throughDecember 31,2004.

|   |                                           |
|--------|-------------------------------------------|
|   | **MOORE STEPHENS    COOPER MOLYNEUX LLP** |

**Toronto, Ontario**March 15, 2007

 

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1 

UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD 

_________________________________ 

UNITED STATES COAST GUARD, 

Complainant, 

vs. 

JERRY DARNELL JONES, JR., 

Respondent. 

_________________________________ 

Docket Number 2023-0393 

CG Enforcement Activity Number 7810651 

CONSENT ORDER 

Issued: November 17, 2023 

By: Honorable George J. Jordan, Administrative Law Judge 

Appearances: 

Paul S. Taylor 

Sector San Francisco 

For the Coast Guard 

Jerry Darnell Jones, Jr., Pro se

For the Respondent 
2 

CONSENT ORDER APPROVING SETTLEMENT AGREEMENT 

 On November 3, 2023, the parties in this case submitted a Motion for Approval of 

Settlement Agreement and Entry of Consent Order to be approved as a settlement of the case 

under 33 C.F.R. § 20.502. 

 I have carefully reviewed the terms of the Settlement Agreement and find it is fair and 

reasonable and in substantial compliance with the requirements of 33 C.F.R. § 20.502. 

ORDER 

 Upon consideration of the record, it is hereby ORDERED, the Settlement Agreement is 

APPROVED in full and incorporated herein by reference. This Consent Order shall constitute 

full, final, and complete adjudication of this proceeding. 

SO ORDERED. 

Done and dated November 17, 2023, 

Seattle, Washington 

_______________________________ 

George J. Jordan

Administrative Law Judge 

United States Coast Guard
<PAGE>   1

                                                                   Page 10 of 18

                                                                   EXHIBIT 99(d)

                        KEYCORP STUDENT LOAN TRUST 2000-A
                              OFFICER'S CERTIFICATE


Bank One, National Association                Bankers Trust Company
One Bank One Plaza, Suite 0126                Four Albany Street
Chicago, IL  60670                            New York, New York  10006
ATTN: Corporate Trust Administration          ATTN: Corporate Trust & Agency
Phone: (312) 407-0192                               Group Structured Finance
Fax:   (312) 407-1708                         Phone: (212) 250-6501
                                              Fax:   (212) 250-6439

MBIA Insurance Corporation                    Key Bank USA, National Association
113 King Street                               800 Superior Ave 4th Floor
Armonk, NY 10504                              Cleveland, Ohio 44114
ATTN: Data Administration                     ATTN: Senior Vice President
Phone: (914) 765-3772                               Key Education Resources
Phone: (914) 765-3810                         Phone: (216) 828-9342
                                              Fax:   (216) 828-9301


Pursuant to Section 4.09 of the Sale and Servicing Agreement among Key Bank USA,
National Association, as Seller, Master Servicer and Administrator, KeyCorp
Student Loan Trust 2000-A, and Bank One, National Association as Eligible Lender
Trustee, dated as of June 1, 2000 (the "Agreement"), the undersigned hereby
certifies that (i) a review of the activities of the Administrator from
inception of the Trust through December 31, 2000, and of its performance under
the Agreement has been made, and (ii) to the best of our knowledge, based on our
review, the Administrator has fulfilled all its obligations under the Agreement
and the related Administration Agreement respectively throughout such period.


                                            Key Bank USA, National Association,
                                            as Administrator

                                            By:
                                                 /s/ Randall M. Behm
Date: 3-22-01                               Randall M. Behm
                                            Senior Vice President


                                            By:
                                                /Ss/ Darlene H. Dimitrijevs
                                            Darlene H. Dimitrijevs, CPA
                                            Senior Vice President
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l unani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). JT K / R es ear ch NOT F OR P UB L I CAT I ON

UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T D U N G X U O N G L A M, P et i t i on er , v. E R I C H . H O L D E RJ r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 06- 72442 A ge nc yN o. A 077- 378- 891 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d D e c e m be r15, 2009 ** B efo re: G O O D W IN , W A L L A C E , an dF IS H E R , C i rcu i tJu d g es. D ung X uong L am , ana t i ve and c i t i z e n of V i e tnam , pe t i t i ons f

orr e vi e w of the B oard of Im m i grat i on A pp ea l s’ order di sm i ss i ng her app ea l fr om an i m m i gr a t i on j udge ’ s ( “ I J ” ) or de rde ny i ng he rm ot i on t o r e ope n ba s e d on i ne f f e c t i ve 

# FI LED DE C 30 2009 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALSJ T K / Res ea r ch 06- 72442 2 a s s is tan c e o f

c o u n s e l. W e h av e ju r is d ic tio n p u r s u an t to 8 U .S .C . § 1 2 5 2 . W e r e v ie w f o rab u s e o f

d is c r e tio n th e d e n ia l o f am o tio n to r e o p e n , I

tu rr i b a rr i a v . I

NS , 3 2 1 F . 3 d8 8 9 , 8 9 4 ( 9 th C i r . 2 0 0 3 ) , an dwe d e n yth e p e t i t i o n f o rr e v i e w. T he agency di d n otabuse i t s di sc re t i on i n d enyi ng L am ’ s m ot i on t o reopen a s u n tim e lyb e c au s e L am f ile dth e m o tio n m o r e th an s ix y e ar s a f te rth e I J ’s A p r il 1 5 , 1 9 9 9 , r e m o v a l o r d e rb e c am e f in a l, se e 8 C .F .R . § 1 0 0 3 .2 3 ( b ) , an dL am f a ile dto es t abl i sh the du e di l i gence re qu i re d t o w arrantt ol l i ng of the m ot i on s dea dl i ne, se e I tu rr ib a rr ia , 3 2 1 F .3 da t 8 9 7 ( e qu itab le to llin g is av a ilab le to ap e titio n e rw h o is prevent ed fr om fi l i ng du e t o d ec ept i on , fr aud o r e rr or, and exerci se s due di l i gence in d is c o v e r in g s u c h c ir c u m s tan c e s ) ; cf . G ha hrem an iv. G on zales , 498 F . 3d 993, 1 0 0 0 ( 9 th C ir . 2 0 0 7 ) . P E T I T I ON F OR RE V I E W DE NI E D.
Interim Decision #2464 

MATTER OF NEVAREZ 

In Visa Petition Proceedings 

A-20292676 

Decided by Board January 16, Ins 

(1) Petitioners and applicants for immigration benefits are required by 8 CFR 103.2(b) to 

provide certif ed English translations of any foreign language documents they submit; 

the Service should likewise provide certified English translations of relevant foreign 

documents it submits in evidence in such proceedings. 

(2) Where the crucial evidence submitted by the Service in connection with the revocation 

of approval of the visa petition to accord beneficiary immediate relative classification is 

beneficiary's $.fiiclavit before the U.S. Consul in Monterrey, Mexico on November 12, 

1974, and the document is in Spanish and no translation has been provided, the record is 

rem on appeal, by the Board fur a proper translation of the affidavit and for a new 

decision based on the completed record. 

ON BEHALF OF PETITIONER: Pro se 

The United States citizen petitioner applied for immediate relative 

classification for the beneficiary as her spouse under section 201(b) of the 

Immigration and Nationality Act. The petition was approved on December 11, 1973. However, as a result of a consular inquiry into the 

bona fides of the marital relationship, on October 31, 1975 the district 

director revoked approval of the petition on the ground that the beneficiary had Entered into the marriage for the sole purpose of obtaining 

immigration benefits. The petitioner appeals from the district director's 

revocation. The record will be remanded to the district director for 

further proceedings. 

The district director's decision to revoke approval of the petition is 

based on a sworn statement, executed by the beneficiary before the 

United States Consul in Monterrey, Mexico on November 12, 1974 to 

the effect that he only desired to immigrate to the United States and 

had no intentions of establishing a life with the petitioner. However, on 

August 20, 1975 the beneficiary recanted his earlier statement and 

attested that it had not been given voluntarily. On appeal, the petitioner 

maintains that her marriage to the beneficiary is valid and subsisting 

and that they intend to live together as husband and wife. 

The crucial evidence submitted by the Service is the beneficiary's 

550 
Interim Decision 46z4tiu 

damaging affidavit before the United States consul. However, this 

document is in Spanish and no translation has been provided. Petitioners and applicants for immigration benefits are required by regulation to provide certified English translations of any foreign language 

documents they submit, 8 CFR 103.2(b). The Service should likewise 

provide certified English translations of relevant foreign language 

documents it submits. Accordingly, the record will be remanded to the 

district director for a proper translation of the beneficiary's November 

12, 1974 affidavit and for a new decision based on the completed record. 

ORDER: The record is remanded to the district director for further 

proceedings consistent with the foregoing opinion. 

551
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
FINANCIAL DATA SCHEDULE FOR THE NINE MONTHS ENDED MARCH 31, 1999
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               MAR-31-1999
<CASH>                                           8,314
<SECURITIES>                                    16,977
<RECEIVABLES>                                   11,832
<ALLOWANCES>                                     2,499
<INVENTORY>                                      9,263
<CURRENT-ASSETS>                                44,869
<PP&E>                                          10,907
<DEPRECIATION>                                   4,864
<TOTAL-ASSETS>                                  53,149
<CURRENT-LIABILITIES>                            8,602
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        25,075
<OTHER-SE>                                      18,972
<TOTAL-LIABILITY-AND-EQUITY>                    53,149
<SALES>                                         43,811
<TOTAL-REVENUES>                                43,811
<CGS>                                           26,187
<TOTAL-COSTS>                                   37,176
<OTHER-EXPENSES>                                   203
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  7,471
<INCOME-TAX>                                     2,540
<INCOME-CONTINUING>                              4,931
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,931
<EPS-PRIMARY>                                     0.53
<EPS-DILUTED>                                     0.48
        

</TABLE>
#### HERDER, Appellant, v. BLOOMER, Respondent.

(Supreme Court, Appellate Term, First Department.

October, 1896.)

Action by Peter Herder against Theophilus J. Bloomer.

J. J. Bennett, for appellant.

J. Callahan, for respondent.

No opinion. Affirmed by default.
#### DECHERT v. MUNICIPAL ELECTRIC LIGHTING CO.

(Supreme Court, Appellate Division, First Department.

December 22, 1896.)

Action by Yellott D. Dechert against the Municipal Electric Lighting Company.

No opinion. Motion for reargument denied, with $10 costs. See 41 N. Y. Supp. 692.
#### North Shore Environmental Solutions, Inc., et al., Plaintiffs, and Jaro Zitnansky, Appellant, v Allen K. Glass et al., Respondents.

Submitted April 23, 2007;

decided May 8, 2007

Motion for reargument of motion for leave to appeal denied *[see*8 NY3d 894].
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# Richard A. Hertling

Richard A. Hertling was confirmed by the Senate and sworn in as a judge of the United States Court of Federal Claims in June 2019.  Born and raised in New York City, he graduated from Brown University and received his law degree from the University of Chicago Law School.  He is admitted to practice in New York and the District of Columbia.

Upon graduating from law school, Judge Hertling clerked for Judge Henry A. Politz of the United States Court of Appeals for the Fifth Circuit in 1985-86.  Following his clerkship, he was hired through the Attorney General’s Honors Program and served as a Trial Attorney in the Federal Programs Branch of the Civil Division of the U.S. Department of Justice, litigating constitutional and regulatory cases, from 1986 until January 1990. 

In January 1990, Judge Hertling began his Capitol Hill career, serving on the staff of the Senate Judiciary Committee as minority chief counsel of the Subcommittee on the Constitution and the Subcommittee on Technology and the Law, and as chief counsel of the Subcommittee on Terrorism, Technology and Government Information, while also serving as chief counsel to Senator Arlen Specter (R-PA).  Subsequently, Judge Hertling became senior counsel to the Senate Governmental Affairs Committee, while also handling Judiciary Committee and other legal issues for its chairman, Senator Fred Thompson (R-TN).  Following that position, he became chief of staff to newly elected Senator Peter Fitzgerald (R-IL), and then returned to the Governmental Affairs Committee as minority staff director.  Upon the retirement of Senator Thompson, Judge Hertling served as deputy chief of staff and legislative director to newly elected Senator Lamar Alexander (R-TN).

In July 2003, Judge Hertling was appointed Deputy Assistant Attorney General for Legal Policy at the Department of Justice and in 2005 was named the Principal Deputy Assistant Attorney General for Legal Policy.  In 2007, he was appointed Acting Assistant Attorney General for Legislative Affairs at the Department of Justice.

Judge Hertling was appointed minority deputy chief of staff and policy director of the House Judiciary Committee in 2008, becoming the committee’s staff director and chief counsel in 2012.

In 2013, Judge Hertling joined a prominent Washington law firm as of counsel in its public policy group and practiced at the firm until his appointment to the court

Howard T. Markey National Courts Building • 717 Madison Place, NW, Washington, DC 20439 • 202-357-6400
<PAGE>
                                                                    Page 9 of 25


                                                                   EXHIBIT 99(a)

                        KEYCORP STUDENT LOAN TRUST 2000-A

                              OFFICER'S CERTIFICATE


Bank One, National Association              Deutsche Bank Trust Company Americas
One Bank One Plaza, Suite 0126              fka, Bankers Trust Company
Chicago, IL  60670                          280 Park Avenue 9th Floor
Attn: Corporate Trust Administration        New York, NY 10017
Phone: (312) 407-0192                       Attn: Corporate Trust & Agency Group
Fax:   (312) 407-1708                       Structured Finance
                                            Phone: (212) 454-4298
                                            Fax:   (212) 454-2331

Key Bank USA, National Association          MBIA Insurance Corporation
800 Superior Ave, 4th Floor                 113 King Street
Cleveland, OH 44114                         Armonk, NY 10504
ATTN: Senior Vice President                 ATTN: Data Administration
Key Education Resources                     Phone: (914) 765-3773
Phone: (216) 828-9342                       Fax:   (914) 765-3810
Fax:   (216) 828-9301


Pursuant to Section 4.09 of the Sale and Servicing Agreement among Key Bank USA,
National Association, as Seller, Master Servicer and Administrator, KeyCorp
Student Loan Trust 2000-A, and Bank One, National Association, as Eligible
Lender Trustee, dated as of June 1, 2000 (the "Agreement"), the undersigned
hereby certifies that (i) a review of the activities of the Master Servicer from
January 1, 2002 December 31, 2002, and of its performance under the Agreement
has been made, and (ii) to the best of our knowledge, based on our review, the
Master Servicer has fulfilled all its obligations under the Agreement throughout
such period.


                                            Key Bank USA, National Association,
                                            as Master Servicer

                                            by:    /S/ DARLENE H. DIMITRIJEVS
                                               --------------------------------
Date: March 14, 2003                        Name: Darlene H. Dimitrijevs, CPA
                                            Title:   Senior Vice President

                                            by:    /S/ DEBRA S. FRONIUS
                                                   ----------------------------
                                            Name: Debra S. Fronius
                                            Title: Vice President