alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Raymond Jerome FRANCIS, Petitioner-Appellant, v. Mark T. CALLOWAY; Deborah A. Ausburn; William M. Boyum; Brian L. Whisler, Respondents-Appellees.

No. 11-6713.

United States Court of Appeals, Fourth Circuit.

Submitted: Feb. 9, 2012.

Decided: Feb. 13, 2012.

*228Raymond Jerome Francis, Appellant Pro Se.

Before WILKINSON, AGEE, and FLOYD, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Raymond Jerome Francis seeks to appeal the district court’s order treating his self-styled Fed.R.Civ.P. 60(d)(3) motion as a Fed.R.Civ.P. 60(b) motion and dismissing it as a successive 28 U.S.C.A. § 2255 (West Supp.2011) motion, and the district court’s order denying his motion for reconsideration. The orders are not appealable unless a circuit justice or judge issues a certifícate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). 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) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595. We have independently reviewed the record and conclude that Francis has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal.

Additionally, we construe Francis’ notice of appeal and informal brief as an application to file a second or successive § 2255 motion. *United States v. Winestock,*340 F.3d 200, 208 (4th Cir.2003). In order to obtain authorization to file a successive § 2255 motion, a prisoner must assert claims based on either: (1) newly discovered evidence, not previously discoverable by due diligence, that would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the movant guilty of the offense; or (2) a new rule of constitutional law, previously unavailable, made retroactive by the Su*229preme Court to cases on collateral review. 28 U.S.C.A. § 2255(h) (West Supp.2011). Francis’ claims do not satisfy either of these criteria. Therefore, we deny authorization to file a successive § 2255 motion.

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 32.2


Certification of Executive Vice President and Chief Operating Officer


Pursuant to 18 U.S.C. Section 1350, As Adopted


Pursuant to Section 906 of Sarbanes-Oxley Act of 2002





In connection with the Quarterly Report on Form 10-Q of Danvers Bancorp, Inc. (the “Company”) for the three months ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I hereby certify, to the best knowledge and belief of the signatory, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





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 consolidated financial condition and results of operations of the Company as of, and for, the period covered by the Report.





This statement is authorized to be attached as an exhibit to the Report so that this statement will accompany the Report at such time as the Report is filed with the Securities and Exchange Commission, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350.  It is not intended that this statement be deemed to be filed for purposes of the Securities Exchange Act of 1934, as amended.





A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.





Date:           May 10, 2011











/s/
James J. McCarthyJames J. McCarthyExecutive Vice President and Chief Operating Officer
**Exhibit 15.1**

 

**Consent of Independent Registered Public Accounting Firm**

 

We consent to the incorporation by reference in the following Registration Statements: 

 

(1) Registration Statement (Form S-8 No. 333-123671) of AdvantestCorporation 

 

(2) Registration Statement (Form S-8No. 333-108385) of Advantest Corporation 

 

(3) Registration Statement (Form S-8 No. 333-97107) of Advantest Corporation and 

 

(4) Registration Statement (Form S-8 No. 333-97103) of Advantest Corporation, 

 

of our report dated May 17, 2005 (except for Note 24, as to which the date is July 21, 2005) with respect to the consolidatedfinancial statements of Advantest Corporation included in the Annual Report (Form 20-F/A) for the year ended March 31, 2005. 

 

/s/ ERNST & YOUNG SHINNIHON

 

Tokyo, Japan 

September 26, 2005
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

TALMADGE ADIB TALIB, 

Plaintiff-Appellant,

 v.

PETER NICHOLAS, (Alleged Deputy) In

His Individual Capacity; EDWARD

GONZALVES, (Alleged Deputy) In His

Individual Capacity; MOYER, (Alleged

Deputy) In His Individual Capacity;

ANTONIO SANCHEZ, (Alleged Deputy)

In His Individual Capacity; ELIEZER

VERA, (Captain-So.L.A. Sheriff’s Station)

In His Individual Capacity; FRED

NUNES, (Alleged Deputy) In His

Individual Capacity, 

Defendants-Appellees,

 and

ROB VAN LINGEN; MIGUEL; JOHN

GUERRERO; STEPHEN PARK; JOHN

DOE SWANSON; JOHN DOE

ANDERSON; JOHN DOE ROMERO;

JOHN DOE HOOPER; JOHN DOE

MARCHELLO; ALEX GILLINETS;

No. 19-56217

D.C. No. 

2:14-cv-05871-JAK-DFM

MEMORANDUM*

FILED

SEP 10 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.
JAMES NORTH; RICH KIGUELMAN;

LOS ANGELES COUNTY SHERIFF’S

DEPARTMENT, 

Defendants.

Appeal from the United States District Court

for the Central District of California

John A. Kronstadt, District Judge, Presiding

Submitted September 9, 2021** 

Before: FERNANDEZ, SILVERMAN, and NGUYEN, Circuit Judges 

Talmadge Talib appeals the district court’s summary judgment in favor of

the defendants in his 42 U.S.C. § 1983 action alleging constitutional violations

arising out of traffic stops. We have jurisdiction pursuant to 28 U.S.C. § 1291 and

affirm. 

We decline to consider the constitutional right to travel claim raised for the

first time on appeal. Dream Palace v. Cnty. of Maricopa, 384 F.3d 990, 1005 (9th

Cir. 2004). Appellant waived in his opening brief his remaining claims and any

further challenges to the district court’s decision. See Ghahremani v. Gonzales,

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

2
498 F.3d 993, 997-98 (9th Cir. 2007) (issues not supported by argument or

discussed in the body of the opening brief are waived). 

AFFIRMED.

3
# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 11

- 493 V

(Not to be published)

* * * * * * * * * * * * * * * * * * * * * * *

*

LINDA SCHUR, *

*

Petitioner, *

* Filed: May 3, 2013

v. *

* Decision on Attorney s’

SECRETARY OF HEALTH AND * Fees and Costs

HUMAN SERVICES *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * *

DECISION 1 (ATTORNEY FEES AND COSTS)

In this case under the National V accine Injury Compensation Program, 2 Chief

Special Master Campell

- Smith, issued a decision on November 26, 2012 . On May 3,

2013 , the parties filed a stipulation concerning attorney’s fees and costs in this matter.

The parties’ stipulation requests a total payment of $ 21,500.00 , representing attorney’s

fees and costs. In accordance with General Order #9, the st ipulation includes a statement

that Petitioner incurred no reimbursable costs in pursuit of her claim.

I find that this petition was brought in good faith and that there existed a

reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,

pursuant to 42 U.S.C. § 300aa

- 15(b) and (e)(1). Further, the proposed amount seems

reasonable and appr opriate. Accordingly, I hereby award the total $ 21,500.00 , as a

1 The undersigned intends to post this decision on the United States Court of Federal Claims’ website, in accordance

with the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44

U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request

redaction “of any information furnished by that party (1) that is trade secret or com mercial or financial information

and is privileged or confidential, or (2) that are medical files and similar files the disclosure of which would

constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, “the entire” decision will be

available to the public. Id.

2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa

- 10 et seq . (2006).lump sum in the form of a check payable jointly to Petitioner and Petitioner’s

counsel, Isaiah Kalinowski, forwarded to the main office of Maglio, Christopher,

and Toale, located at 160 5 Main Street, Suite 710, Sarasota, Florida 34236.

In the absence of a timely

- filed motion for review filed pursuant to Appendix B of

the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment

in accordance herewith.

IT IS SO ORDERED

/s/ Lisa Hamilton

- Fieldman

. Lisa Hamilton

- Fieldman

Spe cial Master
UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

---

FORM 8-K

---

Current Report Pursuant to Section 13 or 15(d)

Of the Securities and Exchange Act of 1934

Date of Report (Date of earliest event reported): October 30, 2008

---

WIND ENERGY AMERICA INC.

(formerly Dotronix, Inc.)

(Exact name of registrant as specified in its charter)

Minnesota

(State or Other Jurisdiction of Incorporation)

|0-9996                   | 41-1387074                       
|------------------------ | ---------------------------------
|(Commission File Number) | (IRS Employer Identification No.)



12100 Singletree Lane, Suite 100

Eden Prairie, MN  55344

(Address of Principal Executive Offices)(Zip Code)

(952) 746-1313

(Registrants Telephone Number, Including Area Code)

---

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

o

        Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)o

        Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)o

        Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))o

        Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))








---

Item 5.02.
        Resignation and Appointment of Executive Officer




Effective October 30, 2008, the Board of Directors of Wind Energy America Inc, a Minnesota corporation, accepted the resignation
of Alan Cross as Chief Executive Officer of the Company.  There was a mutual understanding between Mr. Cross and the Company that his
salary and other related costs required to continue his employment with the Company were too expensive for the Company in its early
stage development.



Robert O. Knutson, Managing Director of the Company, has been appointed to assume the role of Chief Financial Officer of the
Company.





SIGNATURES



Pursuant to the requirements of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.





Wind Energy America Inc.By
        /s/ Robert O. KnutsonRobert O. Knutson, Managing Director


Dated: November 5, 2008









---
<PAGE>

                                                                      Exhibit 11



                           FIRST BELL BANCORP, INC.
                       COMPUTATION OF EARNINGS PER SHARE
                               DECEMBER 31, 1997

<TABLE>
<CAPTION>
                                           TWELVE      TWELVE
                                           MONTHS      MONTHS
                                            ENDED       ENDED
                                          12/31/97    12/31/97
                                         ----------   ----------
                                           BASIC     FULLY DILUTED
<S>                                      <C>         <C>
Net income applicable to common stock    $7,574,787     $7,574,787

EARNINGS PER SHARE

Weighted average shares outstanding       6,168,862      6,168,862

Add:  Option common stock equivalents             -        144,660

Less:  MRP shares                           307,798        307,798

Add:  Granted MRP shares                          -        129,428
                                         ----------     ----------

                                          5,861,064      6,135,152

Earnings per share                       $     1.29     $     1.23
                                         ==========     ==========
</TABLE>
# C_2010201EN.01000201.xml

| 23.7.2010 | EN | Official Journal of the European Union | C 201/2 |
| --- | --- | --- | --- |

23.7.2010

EN

Official Journal of the European Union

C 201/2

---

Explanatory Notes to the Combined Nomenclature of the European Communities

2010/C 201/02

Pursuant to Article 9(1)(a), second indent, of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Communities (2) are amended as follows:

1

2

Page 43

Page 43

The Explanatory Notes to subheading 0711 40 00 (Cucumbers and Gherkins) are amended as follows:

0711 40 00 (Cucumbers and Gherkins)

| 1. | The first paragraph is replaced by the following:
  ‘This subheading includes cucumbers and gherkins simply put into large vessels containing brine which, possibly with added vinegar or acetic acid, ensures that they are provisionally preserved during transportation and storage in as far as they are unsuitable for consumption in that state. These products usually contain at least 10 % of salt by weight.’ |
| --- | --- |

1.

The first paragraph is replaced by the following:

‘This subheading includes cucumbers and gherkins simply put into large vessels containing brine which, possibly with added vinegar or acetic acid, ensures that they are provisionally preserved during transportation and storage in as far as they are unsuitable for consumption in that state. These products usually contain at least 10 % of salt by weight.’

| 2. | The last paragraph is replaced by the following:
  ‘However, cucumbers and gherkins, whether or not preserved in brine, having undergone a complete lactic fermentation, fall in Chapter 20. Cucumbers and gherkins that have undergone a complete lactic fermentation can be distinguished by the fact that in cross-section the entire surface of the pulp appears glassy (i.e., somewhat transparent).’ |
| --- | --- |

2.

The last paragraph is replaced by the following:

‘However, cucumbers and gherkins, whether or not preserved in brine, having undergone a complete lactic fermentation, fall in Chapter 20. Cucumbers and gherkins that have undergone a complete lactic fermentation can be distinguished by the fact that in cross-section the entire surface of the pulp appears glassy (i.e., somewhat transparent).’

Page 84

Page 84

Chapter 20 (Preparations of vegetables, fruit, nuts or other parts of plants)

Between the title PREPARATIONS OF VEGETABLES, FRUIT, NUTS OR OTHER PARTS OF PLANTS and Note 4 the following is inserted:

PREPARATIONS OF VEGETABLES, FRUIT, NUTS OR OTHER PARTS OF PLANTS

Note 4

‘General

This Chapter also covers cucumbers and gherkins that have undergone a complete lactic fermentation.

However, cucumbers and gherkins that have not undergone a complete lactic fermentation and are provisionally preserved in brine are to be classified under CN code 0711 40 00 if they are not suitable for immediate consumption. In general, such products contain at least 10 % by weight of salt.’

---

(1)  OJ L 256, 7.9.1987, p. 1.

1

(2)  OJ C 133, 30.5.2008, p. 1.

2

---
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.

 July 2, 2019

a0624

Order 

Clerk

July 2, 2019

158319(56)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 158319

COA: 342072

Kalamazoo CC: 2015-000503-FH

LANCE ADAM GOLDMAN,

Defendant-Appellant.

_________________________________________/

On order of the Court, the motion for reconsideration of this Court’s March 5, 

2019 order is considered, and it is DENIED, because we are not persuaded that 

reconsideration of our previous order is warranted. MCR 7.311(G).
```

[Federal Register: January 10, 2001 (Volume 66, Number 7)]
[Notices]
[page 1958]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja01-60]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 11 a.m., Friday, January 26, 2001.

PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Conference Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Surveillance Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.

Jean A. Webb,
Secretary of the Commission.
[FR Doc. 01-891 Filed 1-8-01; 1:39 pm]
BILLING CODE 6351-01-M
```

----

**======== RETURN TO      INDEX ========**

----
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Justice

###### Antitrust Division

      ( print page 29836)    
                    Notice is hereby given that, on May 1, 2001, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), Spray Drift Task Force has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership status. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Novartis Crop Protection, Inc., Greensboro, NC and Zeneca Ag Products, Inc., Wilmington, DE have merged to form Syngenta Crop Protection, Inc., Greensboro, NC. Also, Nihon Nohyaku America, Inc., Hockessin, DE has changed its name to Nichino America, Inc.; and Elf Atochem North America, Inc., Philadelphia, PA has changed its name to Cerrexagri, Inc.                

No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and Spray Drift Task Force intends to file additional written notification disclosing all changes in membership.

                    On May 15, 1990, Spray Drift Task Force filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on July 15, 1990 (55 FR 27701).                

                    The last notification was filed with the Department on January 12, 2001. A notice was published in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on February 27, 2001 (66 FR 12565).                

Constance K. Robinson,

Director of Operations Antitrust Division.

[FR Doc. 01-13772 Filed 5-31-01; 8:45 am]

BILLING CODE 4410-11-M
#### Maurica Tallarida, Appellant, v City of Corning et al., Respondents.

Submitted March 29, 2010;

decided May 11, 2010

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
Exhibit 32.1








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 Koko, Ltd. (the “Company”) on Form 10-Q for the period ended June 30, 2010, as filed with the Securities and Exchange Commission on the date here of (the “report”), I, Gregory Ruff, Chief Executive Officer and 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:





(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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated this 16th day of August, 2010.








GREGORY RUFFGregory RuffChief Executive Officer and Chief Financial Officer