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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-7356

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JOHN HENRY STACKS, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Western 

District of North Carolina, at Charlotte. Martin K. Reidinger, 

District Judge. (3:01-cr-00135-MR-1; 3:07-cv-00164-MR)

Submitted: January 13, 2011 Decided: January 20, 2011

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John Henry Stacks, Jr., Appellant Pro Se. Amy Elizabeth Ray, 

Assistant United States Attorney, Asheville, North Carolina, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

John Henry Stacks, Jr., seeks to appeal the district 

court’s order denying relief on his 28 U.S.C.A. § 2255 (West 

Supp. 2010) motion. The order is not appealable unless a 

circuit justice or judge issues a certificate of appealability. 

28 U.S.C. § 2253(c)(1) (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 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(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. We have independently reviewed the record 

and conclude that Stacks 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 
3

before the court and argument would not aid the decisional 

process.

DISMISSED
#### George J. GLEESON, D.A.V., Citizen of the USA, Appellant, v. Honorable Joy MCDONALD; Paul Hutter, Chief of Staff; James Terry; James B. Peake, Secretary of Veterans Affairs; George J. Opfer, Inspector General; Paula Conrad, Service Center Manager; Lonnie Wangen, N.D. Commissioner of Veterans Affairs; George Bush, United States President; Barack Obama, United States President, Appellees.

No. 09-3252.

United States Court of Appeals, Eighth Circuit.

Submitted: May 26, 2010.

Filed: May 26, 2010.

George J. Gleeson, D.A.V., Citizen of The USA, Bismarck, ND, pro se.

Shon Hastings, U.S. Attorney’s Office, Fargo, ND, Douglas Alan Bahr, Solicitor, Attorney General’s Office, Bismarck, ND, for Appellees.

Before MELLOY, BOWMAN, and SMITH, Circuit Judges.

PER CURIAM.

George Gleeson appeals the district court’s1 order dismissing his civil action. After careful de novo review, *see Gopher Oil Co. v. Bunker,*84 F.3d 1047, 1050 (8th Cir.1996), we agree with the district court that it lacked subject matter jurisdiction over this matter. Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The Honorable Ralph Erickson, Chief Judge, United States District Court for the District of North Dakota.
Exhibit 32   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 Digitiliti, Inc. (the Registrant) on Form 10-Q for the period ending June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Quarterly Report), we, Roy A. Bauer, President and CEO, and William McDonald, CFO of the Registrant, 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 Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.  Date:August 14, 2009By:/s/Roy A. BauerRoy A. Bauer, CEO and President  Date:August 14, 2009By:/s/William McDonaldWilliam McDonald, CFO
EXHIBIT 32.1

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Raul Getino, 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, Descanso
Agency Inc.'s Quarterly Report on Form 10-Q for the fiscal quarter ended June
30, 2009 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained in such Quarterly
Report on Form 10-Q fairly presents in all material respects the financial
condition and results of operations of Descanso Agency Inc.


Date: July 29, 2009                   By: /s/ Raul Getino
                                         ---------------------------------------
                                      Name:  Raul Getino
                                      Title: Chief Executive & Financial Officer

This certification accompanies the Quarterly Report on Form 10-Q pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed for
purposes of Section 18 of the Exchange Act, or otherwise subject to the
liability of that section. This certification shall not be deemed to be
incorporated by reference into any filing under the Securities Act or the
Exchange Act, except to the extent that Descanso Agency, Inc. specifically
incorporates it by reference.
* Pursuant to Local Rule 47.5, the court has determine d that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 96-60847

(Summary Calendar)

EMMA BREWSTER BARFIELD,

Plaintiff-Appellant,

versus

BELLSOUTH TELECOMMUNICATIONS, INC.

doing business as South Central

Bell Telephone Company,

Defendant-Appellee.

Appeal from the United States District Court

For the Southern District of Mississippi

(4:96-CV-95-LN)

May 21, 1997

Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM: *

This is an appeal from t he district court’s dismissal of

Plaintiff-Appellant Emma Brewster Barfield’s second wrongful

terminat ion claim against Defendant-Appellee BellSouthTelecommunications, Inc., doing business as South Central Bell

Telephone Company. Barfield asserts that the district court erred

in determining that her case was barred by the principles res

judicata on the basis of her first suit which had alleged

discrimination grounded in the Americans with Disabilities Act. In

conducting our de novo review, we carefully evaluated the record on

appeal, the arguments of both parties as set forth in their briefs

to this court, and the applicable law, and we have come to the same

conclusions as did the district court in its well-reasoned and

thoughtful opinion. Specifically, her second suit arises from

precisely the same operative nucleus of fact as did her first suit,

thereby precluding such relitigation. We therefore affirm in all

respects the district court’s dismissal for the same reasons

expressed therein by the district court.

AFFIRMED.
[Federal Register Volume 66, Number 113 (Tuesday, June 12, 2001)]
[Notices]
[Page 31748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14746]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Field Approval Process

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Notice of meeting.

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

SUMMARY: The Federal Aviation Administration (FAA) is issuing this 
notice to advise the public of a meeting to discuss public concerns 
with the FAA Field Approval Process.

DATES: The meeting will be held on July 19, 2001, 9 a.m. to 4 p.m. 
Arrangement for presentations must be made by July 12, 2001.

ADDRESSES: The meeting will be held at the 3rd Floor FAA Auditorium, 
800 Independence Ave., SW., Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT: Wayne Fry, Federal Aviation 
Administration, AFS-300, 800 Independence Avenue, SW., Washington, DC 
20591, telephone (202) 493-5228, fax (202) 267-5115.

SUPPLEMENTARY INFORMATION: The meeting will be held on July 19, 2001, 
from 9 a.m. to 4 p.m., at the 3rd floor FAA Auditorium, Washington, DC. 
The agenda will include: Field Approval Process Improvement.
    Attendance is open to the interested public, but will be limited to 
the space available. The public must make arrangements by July 12, 
2001, to present oral statements at the meeting. To make arrangements 
to present oral statements, please contact the person listed under the 
heading for FOR FURTHER INFORMATION CONTACT. In addition, sign and oral 
interpretation can be made available at the meeting, as well as an 
assistive listening device, if requested 10 calendar days before the 
meeting. Arrangements may be made by contacting the person listed under 
the heading FOR FURTHER INFORMATION CONTACT.

    Issued in Washington, DC, June 7, 2001.
Nicholas A. Sabatini,
Director, Flight Standards Service.
[FR Doc. 01-14746 Filed 6-7-01; 8:45 am]
BILLING CODE 4910-13-M
H. Res. 1000 

In the House of Representatives, U. S., 

January 12, 2010. 

Resolved, That unless otherwise ordered, before Monday, 

May 17, 2010, the hour of daily meeting of the House shall 

be 2 p.m. on Mondays; noon on Tuesdays; and 10 a.m. on 

Wednesdays and Thursdays; and 9 a.m. on all other days of 

the week; and from Monday, May 17, 2010, for the remainder of the 111th Congress, the hour of daily meeting of the 

House shall be noon on Mondays, 10 a.m. on Tuesdays, 

Wednesdays and Thursdays; and 9 a.m. on all other days of 

the week. 

Attest: 

Clerk.
#### Barbara ELAM; Bobby Elam, Plaintiffs-Appellees v. The KANSAS CITY SOUTHERN RAILWAY COMPANY; Ronald L. Michael, Defendants-Appellants.

No. 11-60363.

United States Court of Appeals, Fifth Circuit.

March 26, 2012.

*370Casey Langston Lott, Esq., Duncan Lee Lott, Esq., Langston & Lott, P.A., Boone-ville, MS, for Plaintiffs-Appellees.

Charles Edwin Ross, Esq., Katherine Hall Allison, Esq., Dennis Jason Childress, Esq., Wise Carter Child & Caraway, P.A., Jackson, MS, for Defendants-Appellants.

Before JOLLY, DAVIS, and BARKSDALE, Circuit Judges.

PER CURIAM: *

This is the second appeal in this matter. *See Elam v. Kan. City S. Ry. Co.,*635 F.3d 796 (5th Cir.2011). After reviewing the briefs, hearing oral argument, reviewing the parties’ supplemental briefs, and considering pertinent parts of the record, we have concluded that, on remand following the first appeal, the district court committed no error in remanding all claims remaining in federal court to state court. We further conclude that we lack appellate jurisdiction over the district court’s order denying summary judgment in favor of Kansas City Southern Railway (KCSR) on the grounds that although the order denying summary judgment preceded the remand order in both logic and fact, the order is not conclusive of any claim and that KCSR’s asserted defenses may be properly considered and addressed in state court. *See Regan v. Starcraft Marine, LLC,*524 F.3d 627 (5th Cir.2008).

AFFIRMED in part; DISMISSED in part.

*

 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.
ACCOUNTANTS' CONSENT


The Board of Directors
Gulf West Banks, Inc.
St. Petersburg, Florida:

We consent to the use of our report dated January 15, 1999 relating to the
consolidated balance sheets as of December 31, 1998 and 1997 and the related
consolidated statements of earnings, stockholders' equity and cash flows for
each of the years in the three-year period ended December 31, 1998 of Gulf West
Banks, Inc., in the Annual Report for 1998 on Form 10-K of Gulf West Banks, Inc.


/s/ HACKER, JOHNSON, COHEN & GRIEB PA
HACKER, JOHNSON, COHEN & GRIEB PA
Tampa, Florida
February 19, 1999
Exhibit 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER UNDER 18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Mark Simo, the Chief Executive Officer of Orange 21 Inc. (the Company),
certify for the purposes of section 1350 of chapter 63 of title 18 of the United States Code that, to my knowledge,

(i) the Annual Report
of the Company on Form 10-K for the year ended December 31, 2007 (the Report), fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934, and

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

Date: April 8, 2008

By:

/s/ Mark SimoMark SimoChief Executive Officer(Principal Executive Officer)
Exhibit U-Page 1

101651041

Form SEF: Exhibit U

Exhibit Narrative

21. Attach as Exhibit U, any information (described with 

particularity) included in the application that will be subject to a 

request for confidential treatment pursuant to § 145.9 of the 

Commission’s regulations.

By the petition included with this application, the Company requests confidential treatment pursuant to 

Commission Regulations 37.3, 145.5 and 145.9 for this Form SEF and for all documents, files, addenda 

and other materials included as part of the Exhibits listed below (collectively, the “Confidential 

Materials”). The Confidential Materials do not include the transmittal letter, first page of the Form SEF 

Cover Sheet, documents establishing the Company’s legal status or governance structure, financial 

statements for GFI Group, the Company’s Core Principles Compliance Chart, or the Company’s Rules. 

The label “Confidential Treatment Requested by GFI Swaps Exchange LLC” appears on each page of 

the Confidential Materials.

CONFIDENTIAL MATERIALS

Table of Contents

Appendix A to FOIA Confidential Treatment Request Letter

Form SEF Cover Sheet (all but the first page)

Form SEF Exhibits A-V, including Exhibits A, F, G, I, K, L, M, N, O, P, S and V (but not including 

Exhibits B, C, D, E, H, J, Q, R, T and U)

Exhibit A-1

Exhibit A-2

Exhibit A-3

Exhibit A-4

Exhibit A-5

Exhibit A-7

Exhibit D-1

Exhibit D-2

Exhibit F-1

Exhibit F-3

Exhibit I-3

Exhibit I-4

Exhibit I-5

Exhibit J-1

Exhibit J-2
Exhibit 

U-Page 2

101651041

Exhibit Narrative

Exhibit J-3

Exhibit K-1

Exhibit M-2

Exhibit M-3

Exhibit M-6

Exhibit M-7

Exhibit N-1

Exhibit N-2

Exhibit N-3

Exhibit N-4

Exhibit N-5

Exhibit N-6

Exhibit N-7

Exhibit N-8

Exhibit N-9

Exhibit N-10

Exhibit N-11

Exhibit N-12

Exhibit N-13

Exhibit N-14

Exhibit N-15

Exhibit N-16

Exhibit N-17

Exhibit N-18

Exhibit N-19

Exhibit N-20

Exhibit N-21

Exhibit N-22
Exhibit 

U-Page 3

101651041

Exhibit Narrative

Exhibit N-23

Exhibit N-24

Exhibit N-25

Exhibit N-26

Exhibit N-27

Exhibit O-1

Exhibit O-2

Exhibit O-3

Exhibit O-4

Exhibit S-1

Exhibit S-2

Exhibit S-3

Exhibit V-1

Exhibit V-1, Addendum A

Exhibit V-1, Addendum B

Exhibit V-1, AddendumC

Exhibit V-1, Addendum D

Exhibit V-1, Addendum E

Exhibit V-1, Addendum F

ExhibitV-1, Addendum G

Exhibit V-1, Addendum H

Exhibit V-1, Addendum I

Exhibit V-1, Addendum J

Exhibit V-1, Addendum K

Exhibit V-1, Addendum L

Exhibit V-1, Addendum M

Exhibit V-1, Addendum N

Exhibit V-1, Addendum O
Exhibit U-Page 4

101651041

Exhibit Narrative

Exhibit V-1, Addendum P

Exhibit V-1, Addendum Q

Exhibit V-1, Addendum R

Exhibit V-1, Addendum S

Exhibit V-1, Addendum T

Exhibit V-1, Addendum U

Exhibit V-1, Addendum V

Exhibit V-1, Addendum W

Exhibit V-1, Addendum X 

Exhibit V-1, Addendum Y

Exhibit V-1, Addendum BB

Exhibit V-1, Addendum CC

Exhibit V-1, Addendum DD

Exhibit V-1, Addendum EE

Exhibit V-1, Addendum FF

Exhibit V-1, Addendum GG

Exhibit V-1, Addendum HH

Exhibit V-1, Addendum II

Exhibit V-1, Addendum JJ

Exhibit V-1, Addendum KK

Exhibit V-1, Addendum LL

Exhibit V-1, Addendum MM
# C_2010033EN.01000901.xml

| 10.2.2010 | EN | Official Journal of the European Union | C 33/9 |
| --- | --- | --- | --- |

10.2.2010

EN

Official Journal of the European Union

C 33/9

---

Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

2010/C 33/05

The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block segment M4 as indicated on the map appended as Annex 3 to the Mining Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2002, No 245).

With reference to the Directive mentioned in the introduction and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block segment M4 of the Dutch continental shelf.

The Minister for Economic Affairs is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1), 5(2) and 6(2) of the above-mentioned Directive are set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).

Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to:

Official Journal of the European Union

| De minister van Economische Zaken |
| --- |
| Drs. J.C. De Groot, directeur Energiemarkt |
| ALP A/562 |
| Postbus 20101 |
| 2500 EC Den Haag |
| NEDERLAND |

De minister van Economische Zaken

Drs. J.C. De Groot, directeur Energiemarkt

ALP A/562

Postbus 20101

2500 EC Den Haag

NEDERLAND

Applications received after the expiry of this period will not be considered.

A decision on the applications will be taken not later than 12 months after this period has expired.

Further information can be obtained by calling Mr P.C. de Regt on the following telephone number: +31 703797088.

---
Exhibit 13

---



Certification Pursuant to 18 U.S.C. § 1350

I, James Murdoch, the Chief Executive Officer of British Sky Broadcasting Group plc (the Company), certify that to the best of my knowledge:

| | (i)  | the annual report on Form 20-F for the year ended 30 June 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report) fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                 
| | (ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.                                                                                                            

Date: 27 July 2007



James MurdochChief Executive Officer



Certification Pursuant to 18 U.S.C. § 1350

I, Jeremy Darroch, the Chief Financial Officer of British Sky Broadcasting Group plc (the Company), certify that to the best of my knowledge:

| | (iii) | the annual report on Form 20-F for the year ended 30 June 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report) fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and
| | ----- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |       |                                                                                                                                                                                                                                                                 
| | (iv)  | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.                                                                                                            

Date: 27 July 2007



Jeremy DarrochChief Financial Officer

---
Electronically FiledIntermediate Court of AppealsCAAP-10-000012915-NOV-201209:46 AM
```

[Federal Register: September 24, 1998 (Volume 63, Number 185)]
[Proposed Rules]
[Page 51051-51052]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24se98-22]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 30


Concept Release Concerning Placement of Foreign Board of Trade
Computer Terminals in the United States

AGENCY: Commodity Futures Trading Commission.

ACTION: Extension of Comment period.

-----------------------------------------------------------------------

SUMMARY: The Commodity Futures Trading Commission (Commission)
published a concept release concerning the placement of foreign board
of trade computer terminals in the United States on July 24, 1998 (63
FR 39779). Comments on the concept release were originally due on
September 22, 1998. By letter dated September 16, 1998, Mr. Leo
Melamed, Chairman Emeritus and Senior Policy Advisory of the Chicago
Mercantile Exchange and Chairman of the Global Markets Advisory
Committee Subgroup on Cross-Border Regulation of Electronic Trading,
requested that the Commission extend the comment period for an
additional two weeks. In addition, by letter dated September 17, 1998,
Mr. Christopher K. Bowen, Senior Vice President and General counsel, on
behalf of the New York Mercantile Exchange ("NYMEX"), requested that
the Commission extend the comment period on the concept release for an
additional fifteen days The Commission has determined to grant Mr.
Melamed's and NYMEX's requests and the extended deadline for comments
on the concept release is October 7, 1998.

DATES: Comments must be received on or before October 7, 1998.

ADDRESSES: Any person interested in submitting comments on the concept
release should submit them by the specified date to Jean A. Webb,
Secretary, Commodity Futures Trading Commission, Three Lafayette
Center, 1155 21st Street, NW., Washington, DC 20581. In addition,
comments may be sent by facsimile transmission to facsimile number
(202) 418-5521, or by electronic mail to [email protected].

FOR FURTHER INFORMATION CONTACT: David M. Battan, Chief Counsel,
Division of Trading and Markets, Commodity Futures Trading Commission,
Three Lafayette Centre, 1155 21st Street, NW, Washington, DC 20581.
Telephone (202) 418-5450.


[[Page 51052]]


    Issued in Washington, DC on September 18, 1998 by the Commodity
Futures Trading Commission.
Jean Webb,
Secretary of the Commission.
[FR Doc. 98-25619 Filed 9-23-98; 8:45 am]
BILLING CODE 6351-01-M
```

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