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

No. 22
- 7445

RAHEEM CHABEZZ JOHNSON , Petitioner

- Appellant ,

v. JEFFREY KISER, Warden, Red Onion State Prison , Respondent

- Appellee

.

Appeal from the United States District Court for the Western District of Virginia , at Roanoke

. James P. Jones , Senior District Judge. ( 7:19

- cv - 00488

- JPJ

- PMS )

Submitted : July 26, 2023 Decided: August 3, 2023

Before NIEMEYER, WYNN, and QUATT LE BAUM , Circuit Judges.

Dismissed by un published per curiam opinion

. Matthew Engle, DONOVAN & ENGLE, PLLC, Charlottesville, Virginia, for Appellant.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-7445 Doc: 8 Filed: 08/03/2023 Pg: 1 of 22 PER CURIAM: Raheem Chabezz Johnson seeks to appeal the district court’s 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. See 28 U.S.C. § 2253(c)(1)(A). A certificate of appealabilit y 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 c ould find t he district court’s assessment of the constitutional claims debatable or wrong. See Buck 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 procedura l 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 Johnson 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 be fore this court and argument would not aid the decisional process.
DISMISSED USCA4 Appeal: 22-7445 Doc: 8 Filed: 08/03/2023 Pg: 2 of 2
[Federal Register Volume 66, Number 111 (Friday, June 8, 2001)]
[Notices]
[Pages 30955-30956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14502]


-----------------------------------------------------------------------

NATIONAL SCIENCE FOUNDATION


Committee Management; Renewals

    The NSF management officials having responsibility for the four 
advisory committees listed below have determined that renewing these 
groups for another two years is necessary and in the public interest in 
connection with the performance of duties imposed upon the Director, 
National Science Foundation (NSF), by 42 U.S.C. 1861 et seq. The 
committees will be renamed (the current name is in parenthesis). The 
committee number is to stay the same. This determination follows 
consultation with the Committee Management Secretariat, General 
Services Administration.

1. #1756--Proposal Review Panel for Earth Sciences (Earth Sciences 
Proposal Review Panel)
2. #1569--Proposal Review for Geosciences (Special Emphasis Panel in 
Geosciences)
3. #1766--Proposal Review Panel for Social, Behavioral, and Economic 
Sciences (Special Emphasis Panel in Social, Behavioral and Economic 
Sciences)
4. #1373--Advisory Panel for Integrative Activities (Special Emphasis 
Panel in Integrative Activities)

    Authority for these Committees will expire on June 30, 2003, unless 
they are

[[Page 30956]]

renewed. For more information, please contact Susanne Bolton, NSF, at 
(703) 292-7488.

    Dated: June 5, 2001.
Susanne Bolton,
Committee Management Officer.
[FR Doc. 01-14502 Filed 6-7-01; 8:45 am]
BILLING CODE 7555-01-M
H. Res. 1027 

In the House of Representatives, U. S., 

March 19, 2010. 

Whereas Captain Don Walsh, USN (ret.), Ph.D., and 

Jacques Piccard piloted the United States Navy’s Trieste 

bathyscaphe to reach the deepest point in the world’s 

oceans and remain the only two humans to ever achieve 

this historic feat; 

Whereas Captain Walsh is the recipient of two Presidential 

Legion of Merit Awards and numerous honors and continues to explore the world; 

Whereas Jacques Piccard is a hero in his home country of 

Switzerland; 

Whereas Jacques Piccard passed away in November 2008, 

but the Piccard Family contribution and influence to marine science and exploration continues today; 

Whereas the Mariana Trench has been designated as the 

Mariana Trench Marine National Monument and remains 

one of the world’s most ecological and environmental 

treasures; and 

Whereas only five percent of the ocean floor has been explored, but the need to continue to research the world’s 

oceans and educate the next generation of explorers remains important to the United States in order to con-
2 

•HRES 1027 EH 

tinue to unlock the secrets of the earth’s oceans and ecosystems: Now, therefore, be it 

Resolved, That the House of Representatives— 

(1) recognizes the 50th anniversary of the dive to 

the Challenger Deep in the Mariana Trench and its valuable and historic scientific contributions; 

(2) recognizes the lifetime achievements of Capt. 

Don Walsh and Jacques Piccard and their contributions 

to the furtherance of ocean science, ocean engineering, 

human exploration, and a better understanding of the 

planet; 

(3) recognizes the Mariana Trench as one of the 

world’s great ocean classrooms and the need to continue 

to explore its depths that can lead to great scientific discoveries; and 

(4) recognizes the commitment of the United States 

to continue to educate the future leaders in ocean 

science and human exploration. 

Attest: 

Clerk.
```

[Federal Register: March 27, 1998 (Volume 63, Number 59)]
[Proposed Rules]
[Page 14866]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr98-30]

[[Page 14866]]

=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION
17 CFR Part 140


Requests for Exemptive, No-Action and Interpretative Letters

AGENCY: Commodity Futures Trading Commission.

ACTION: Extension of comment period.

-----------------------------------------------------------------------

SUMMARY: On January 22, 1998, the Commodity Futures Trading Commission
(the "Commission" or "CFTC") published in the Federal Register a
request for public comment on proposed regulations to establish
procedures for the filing of requests for the issuance of exemptive,
no-action and interperative letters from the Commission's staff. The
original comment period expires March 23, 1998. 63 FR 3285 (January 22
1998). By letters dated March 19 and 20, 1998 respectively, the
Securities Industry Association and the Futures Industry Association
Inc., requested an extension of the comment period. In order to insure
that an adequate opportunity is provided for submission of meaningful
comments, the Commission has determined to extend the comment period
for an additional thirty days for all interested parties.

DATES: Written comments must be received on or before April 22, 1998.

ADDRESSES: Comments on the proposed rule should be sent to Jean A.
Webb, Secretary, Commodity Futures Trading Commission, Three Lafayette
Center, 1155 21st Street, N.W., Washington, D.C. 20581. Comments may be
sent by facsimile transmission to (202) 418-5528, or by e-mail to
[email protected]. Reference should be made to "Rule Proposal Re:
Requests for Exemptive, No-Action, and Interpretative Letters."

FOR FURTHER INFORMATION CONTACT: Christopher W. Cummings, Special
Counsel, or Helene Schroeder, Attorney-Advisor, Division of Trading and
Markets, Commodity Futures Trading Commission, 1155 21st Street, N.W.,
Washington, D.C. 20581. Telephone Number: (202) 418-5450. Facsimile
Number: (202) 418-5547. Electronic Mail; [email protected].

    Issued in Washington, DC on March 23, 1998 by the Commission.
Jean W. Webb,
Secretary of the Commission.
[FR Doc. 98-8121 Filed 3-26-98; 8:45 am]
BILLING CODE 6351-01-M
```

----

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

----
Exhibit 23.1

Consent of Ernst & Young LLP, Independent Registered Public Accounting Firm

We consent to the incorporation by reference in the Registration Statements on Form S-8 (File No. 333-105828 and
333-111944) pertaining to the Amended and Restated 1997 Equity Incentive Plan, the Amended and Restated 1998 Non-Employee Directors' Stock Option Plan, the Amended and Restated
2001 Non-Statutory Plan and the 2003 Employee Stock Purchase Plan of Valentis, Inc., and in the Registration Statements on Form S-3 (File Nos.
333-38092, 333-54066, 333-104022,333-112821 and 333-117523) and related prospectus of Valentis, Inc., of our report dated
August 12, 2004 with respect to the consolidated financial statements of Valentis, Inc. included in this Annual Report (Form 10-K) for the year ended June 30,
2004.

/s/ERNST & YOUNG LLP

Palo
Alto, California
September 14, 2004

---



QuickLinks
```

[Federal Register: May 18, 2005 (Volume 70, Number 95)]
[Notices]
[Page 28514]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my05-46]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meetings

TIME AND DATE: 11 a.m., Friday, June 3, 2005.

PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Commission
Conference Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Surveillance Matters.

FOR FURTHER INFORMATION CONTACT: Jean A. Webb, 202-418-5100.

Jean A. Webb,
Secretary of the Commission.
[FR Doc. 05-10035 Filed 5-16-05; 2:41 pm]

BILLING CODE 6351-01-M
```
1 The Honorable Harry F. Barnes, United St ates District Judge for the Western District of Arkansas. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 06-3693

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Arkansas. Johnny L. Cornelious, * * [UNPUBLISHED] Appellant. *

___________ Submitted: November 6, 2007 Filed: November 13, 2007

___________ Before BYE, RILEY, and MELLOY, Circuit Judges.

___________ PER CURIAM. After Johnny L. Cornelious (Cornelious) pled guilty to distributing more than 5 grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1), the district court 1 sentenced Cornelious to 87 months in pris on and 5 years of supervised release. On appeal, Cornelious’s counsel filed a brief under Anders v. California , 386 U.S. 738 (1967), and moved to withdraw. Cornelious filed a pro se supplemental brief. For the reasons discussed below, we reject all of th e arguments raised on appeal, and we grant counsel’s withdrawal motion.-2- First, the sentencing transcript shows Co rnelious was held responsible for only 5-20 grams of cocaine base, consistent w ith the amounts in the indictment and plea agreement. Second, Cornelious’s claim he was never provided with a copy of the presentence report is not supported by the reco rd. Third, a direct criminal appeal is not a vehicle to remedy an alleged information leak by the government that has caused a defendant past hardship in prison. Fourth, matters to which defense counsel made and withdrew objections below --the application of an a ggravating-role enhancement and the calculation of the criminal history score--are deemed intentionally relinquished or abandoned and need not be reviewed on appeal. SeeUnited States v. Olano , 507 U.S. 725, 733 (1993); United States v. Tulk , 171 F.3d 596, 600 (8th Cir. 1999). Fifth, Cornelious’s claim of ineffec tive assistance of counsel must be raised, if at all, in a 28 U.S .C. § 2255 motion. SeeUnited States v. Ramirez-Hernandez , 449 F.3d 824, 827 (8th Cir. 2006).
After reviewing the record i ndependently under Penson v. Ohio , 488 U.S. 75 (1988), we conclude there are no nonfrivolous issues for appeal. We affirm the judgment of the district court and grant counsel’s motion to withdraw.

______________________________
```

[Federal Register: May 31, 2006 (Volume 71, Number 104)]
[Notices]
[Page 30877]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31my06-49]

=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Notice of Sunshine Act Meeting

Agency Holding the Meeting:  Commodity Futures Trading Commission.

Time and Date: 10 a.m., Friday, June 16, 2006.

Place: 1155 21st St., NW., Washington, DC, 9th Floor Commission
Conference Room.

Status: Closed.

Matters to be Considered: Rule Enforcement Review.

FOR FURTHER INFORMATION CONTACT: Eileen A. Donovan, 202-418-5100.

Eileen A. Donovan,
Acting Secretary of the Commission.
[FR Doc. 06-4997 Filed 5-25-06; 4:06 pm]

BILLING CODE 6351-01-M
```
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 una ni 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). 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 GU I QU AN WANG , P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 08- 72746 A ge nc yN o. A 098- 467- 416 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

a n 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 Jul y12, 2011 ** B efo re: S C H R O E D E R , A L A R C Ó N , an dL E A V Y , C i rcu i tJu d g es. G ui qua n W ang, ana t i ve a nd c i t i z e n of C hi na , pe t i t i ons pr o s e 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 hi s app ea l fr om an i mmi g r a t i o n j u d g e ’ s ( “ I J ” ) d e c i s i o n d e n y i n g h i s ap p l i c a t i o n f o ra s y l u m, w ith h o ld in g o f

r e m o v a l, an dr e lie f

u n d e rth e C o n v e n tio n A g a in s t T o rtu r e ( “C A T ” ) .



# FI LED JU L 21 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS08- 72746 2 W e have j uri sdi ct i on un der 8 U . S . C . § 1 25 2. W e r evi ew for s ub st ant i alevi dence, Sh restha v. H

older , 590 F . 3d 1034, 1039 ( 9th C i r . 2010) , a nd w e de nythe pe t i t i on f o rr e v i e w. T he I Jf ound W ang notc r e di bl e f ors e ve r a l r e a s ons , i nc l udi ng hi s l a c k of c an d o ran dr e s p o n s iv e n e s s a n dh is in ab ilityto p r o v id e d e ta ils o f h is c la im . S ub s tan tia l e v id e n c e s up p o rts th e I J ’s a d v e r s e c r e d ib ilityd e te rm in a tio n . Se e i d. at 10 40 -44 (adverse cr edi bi l i ty det erm i nat i on w as re as on abl e und erthe R E A L ID A c t’s “to ta lityo f

th e c ir c u m s tan c e s ” ) . A c c o r d in g ly , in th e ab s e n c e o f c r e d ib le te s tim o n y , W an g ’s a s y lu m a n dw ith h o ld in g o f r e m o v a l c la im s f

a il. See Farah v. A s h c r o ft , 34 8 F . 3d 11 53 , 11 56 (9th C i r. 20 03 ). B e c aus e W ang’ s C A T c l a i m i s ba s e d on the s a m e t e s t i m onyf ound t o be not c r e di bl e , and he doe s notpoi ntt o anye vi de nc e tha ts how s i ti s m or e l i ke l ythan not th a t h e w o u ldb e to rtu r e dif r e tu rn e dto C h in a , h is C A T c la im a ls o f a ils . Se e id. at 1 1 5 6 - 5 7 . P E T I T I ON F OR RE V I E W DE NI E D.
#### Rodolfo VELASQUEZ, Plaintiff-Appellant, v. CHASE HOME FINANCE LLC; Fannie Mae, Defendants—Appellees.

No. 11-15090.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 19, 2011.*

Filed Jan. 6, 2012.

Rodolfo Velasquez, Vallejo, CA, pro se. Sung-Min Christopher Yoo, Esquire, Al-varadoSmith, APC, Santa Ana, CA, for Defendants-Appellees.

Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2). Accordingly, Velasquez’s request for oral argument is denied.

MEMORANDUM **

Rodolfo Velasquez appeals pro se from the district court’s judgment dismissing his *637action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. *Cervantes v. Countrywide Home Loans, Inc.,*656 F.3d 1034, 1040 (9th Cir.2011). We affirm.

We affirm for the reasons stated by the district court in its order entered on January 10, 2011, dismissing Velasquez’s action.

Velasquez’s remaining contentions are unpersuasive.

We do not consider Velasquez’s contentions raised for the first time on appeal. *See Smith v. Marsh,*194 F.3d 1045, 1052 (9th Cir.1999).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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 Exchange Act of 1934



Date of Report (Date of earliest event reported)August 5, 2009



---

Hawkins, Inc.

(Exact name of registrant as specified in its charter)



Minnesota

        0-7647

        41-0771293(State of Incorporation)

        (Commission
File Number)

        (IRS EmployerIdentification No.)3100 East Hennepin AvenueMinneapolis, MN

        

        55413(Address of Principal Executive Offices)

        

        (Zip Code)




Registrants Telephone Number, Including Area Code(612) 331-6910



---



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 (seeGeneral Instruction A.2. below):



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



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



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



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







---

Item 1.01. Entry into a Material Definitive Agreement



On August 5, 2009, the Board of Directors of Hawkins, Inc. (the Company) and John S. McKeon, Chairman of the Board, agreed to amend the compensation arrangement relating to Mr. McKeons provision of consulting services to the Company. This arrangement is separate from the compensation paid to Mr. McKeon for his service as Chairman of the Board which was not revised at this time. As amended, the compensation arrangement for Mr. McKeons consulting services provides as follows:





        Mr. McKeon will be paid $6,250 per month for providing ongoing consulting services on certain strategic and organizational matters identified by the Chief Executive Officer of the Company.




        Mr. McKeon may be paid up to an additional $5,000 in any given month based on providing additional consulting services, as identified by the Chief Executive Officer.




        Mr. McKeon will be reimbursed for all business expenses incurred pursuant to his providing consulting services to the Company.




        Mr. McKeon will continue to report to the Audit Committee or the Companys Board of Directors on a regular basis regarding the services he provides to the Company pursuant to the foregoing arrangement.




Either the Company or Mr. McKeon can terminate this arrangement at any time.



---

SIGNATURES



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



HAWKINS, INC.Date: August 11, 2009

        By:

        /s/ Richard G. ErstadRichard G. ErstadVice President, General Counsel,and Secretary








---
Exhibit 8.1





Telecom Argentina S.A.

Subsidiaries





|                           |  |                              
|-------------------------- |  | -----------------------------
|Name                       |  | Jurisdiction of Incorporation
|                           | 
|Telecom Personal S.A.      |  | Argentina                    
|                           | 
|Núcleo S.A. (1)            |  | Paraguay                     
|                           | 
|Cable Insignia S.A. (1)(2) |  | Paraguay                     
|                           | 
|Micro Sistemas S.A. (2)    |  | Argentina                    
|                           | 
|Telecom Argentina USA Inc. |  | Delaware, United States      
|                           | 
|Publicom S.A.              |  | Argentina                    

---

|(1) |  | Interest held indirectly through Telecom Personal S.A.
|--- |  | ------------------------------------------------------

|(2) |  | Not operative.
|--- |  | --------------
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.
 Small Business Administration [Declaration of Disaster #3345]
 As a result of the President's major disaster declaration on June 3, 2001, I find that Boone, Kanawha, Logan, Mercer, Raleigh and Wyoming Counties in the State of West Virginia constitute a disaster area due to damages caused by flooding, severe storms, and landslides beginning on May 15, 2001 and continuing. Applications for loans for physical damage as a result of this disaster may be filed until the close of business on August 2, 2001, and for loans for economic injury until the close of business on March 4, 2002 at the address listed below or other locally announced locations: U.S. Small Business Administration, Disaster Area 1 Office, 360 Rainbow Blvd., South, 3rd Floor, Niagara Falls, NY 14303. In addition, applications for economic injury loans from small businesses located in the following contiguous counties in West Virginia may be filed until the specified date at the above location: Clay, Fayette, Jackson, Lincoln, McDowell, Mingo, Nicholas, Putnam, Roane, and Summers; and Bland, Giles, and Tazewell Counties in Virginia. The interest rates are: PercentFor Physical Damage:Homeowners With Credit Available Elsewhere
6.625Homeowners Without Credit Available Elsewhere
3.312Businesses With Credit Available Elsewhere
8.000Businesses and Non-Profit Organizations Without Credit Available Elsewhere
4.000( print page 31266)Others (Including Non-Profit Organizations) With Credit Available Elsewhere
7.125For Economic InjuryBusinesses and Small Agricultural Cooperatives Without Credit Available Elsewhere
4.000
 The number assigned to this disaster for physical damage is 334506. For economic injury the numbers are 9L8200 for West Virginia, and 9L8300 for Virginia. (Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008) Dated: June 5, 2001. Herbert L. Mitchell, Associate Administrator for Disaster Assistance.


[FR Doc. 01-14564 Filed 6-8-01; 8:45 am] BILLING CODE 8025-01-P