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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-2056

ALVIN L. SUTHERLIN, JR.,

Plaintiff - Appellant,

v.

LIEUTENANT J. W. SMITH; SERGEANT H. S. RICHARDSON; OFFICER 

N. M. SLOVER; OFFICER M. C. PACE; OFFICER R. C. LANDRUM; 

OFFICER D. C. LANCASTER; OFFICER W. C. SHIVLEY; OFFICER W. 

R. MERRILL; OFFICER J. D. DIXON; OFFICER L. D. LAND,

Defendants - Appellees.

Appeal from the United States District Court for the Western 

District of Virginia, at Danville. Jackson L. Kiser, Senior 

District Judge. (4:15-cv-00037-JLK-RSB)

Submitted: January 31, 2017 Decided: February 10, 2017

Before KEENAN and THACKER, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Alvin L. Sutherlin, Jr., Appellant Pro Se. Maggy Lewis Gregory, 

James A. L. Daniel, Tyler Brent Gammon, Martha White Medley, 

DANIEL, MEDLEY & KIRBY, PC, Danville, Virginia, for Appellees. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Alvin L. Sutherlin, Jr., appeals the district court’s 

orders denying his motions to compel, denying relief on his 

42 U.S.C. § 1983 (2012) complaint, and denying his Fed. R. Civ. 

P. 59(e) motions. The majority of Sutherlin’s allegations of 

error on appeal are conclusory and fail to preserve an issue for 

review. See 4th Cir. R. 34(b) (directing appellants to present 

“specific issues and supporting facts and arguments” in informal 

brief); see also Eriline Co. S.A. v. Johnson, 440 F.3d 648, 653

n.7 (4th Cir. 2006) (finding single, conclusory sentence in 

brief “insufficient to raise on appeal any merits-based 

challenge to the district court’s ruling”); Edwards v. City of 

Goldsboro, 178 F.3d 231, 241 n.6 (4th Cir. 1999) (“Failure to 

comply with the specific dictates of [Rule 28] with respect to a 

particular claim triggers abandonment of that claim on 

appeal.”). None of Sutherlin’s allegations presents a 

substantial question sufficient to warrant the preparation of a 

transcript at Government expense under 28 U.S.C. § 753(f) 

(2012). See Rhodes v. Corps of Eng’rs of U.S. Army, 589 F.2d 

358, 359 (8th Cir. 1978) (per curiam) (authorizing preparation 

of transcript at Government expense when appeal presents 

substantial question). Therefore, we deny Sutherlin’s motion 

for the preparation of transcripts at Government expense. 
3

To the extent that Sutherlin has preserved issues for 

appeal, we have reviewed the record and find no reversible 

error. Accordingly, we affirm for the reasons stated by the

district court. Sutherlin v. Smith, No. 4:15-cv-00037-JLK-RSB 

(W.D. Va. Aug. 5, Aug. 18, & Sept. 1, 2016). We dispense with 

oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and 

argument would not aid the decisional process.

AFFIRMED
<PAGE>

                                   EXHIBIT 32

                           SECTION 1350 CERTIFICATION

In connection with the Annual Report of Amedia Networks, Inc. (the "Company") on
Form 10-KSB for the Year ended December 31, 2004 (the "Report") filed with the
Securities and Exchange Commission, I, Frank Galuppo, Chief Executive Officer
(and Principal 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.


MARCH 31, 2005                        /S/ FRANK GALUPPO
                                      ---------------------------
                                      FRANK GALUPPO
                                      CHIEF EXECUTIVE OFFICER
                                      (AND PRINCIPAL FINANCIAL OFFICER)

A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906 HAS BEEN
PROVIDED TO AMEDIA NETWORKS, INC. AND WILL BE RETAINED BY AMEDIA NETWORKS, INC.
AND FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON
REQUEST.


                                                                              60
[Federal Register Volume 66, Number 113 (Tuesday, June 12, 2001)]
[Notices]
[Page 31620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14678]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Submission for OMB Review; Comment Request

ACTION: Notice.

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

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
    Title, Form, and OMB Number: Department of Defense Application for 
Priority Rating for Production or Construction Equipment; DD Form 691; 
OMB Number 0704-0055.
    Type of Request: Extension.
    Number of Respondents: 610.
    Responses Per Respondent: 1.
    Annual Responses: 610.
    Average Burden Per Response: 1 Hour.
    Annual Burden Hours: 610.
    Needs and Uses: Executive Order 12919 delegated to the Department 
of Defense authority to require certain contracts and orders relating 
to approved Defense Programs to be accepted and performed on a 
preferential basis. This program helps contractors acquire industrial 
equipment in a timely manner, thereby facilitating development and 
support of weapons systems and other important Defense Programs. This 
information is used so the authority to use a priority rating in 
ordering a needed item can be granted. This is done to assure timely 
availability of production or construction equipment to meet current 
Defense requirements in peacetime and in case of national emergency. 
Without this information DoD would not be able to assess a contractor's 
stated requirement to obtain equipment needed for fulfillment of 
contractual obligations.
    Affected Public: Business or Other For Profit; Not-For-Profit 
Institutions.
    Frequency: On Occasion.
    Respondents Obligation: Voluntary.
    OMB Desk Officer: Mr. David M. Pritzker.
    Written comments and recommendations on the proposed information 
collection should be sent to Mr. Pritzker at the Office of Management 
and Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    DOD Clearance Officer: Mr. Robert Cushing.
    Written requests for copies of the information collection proposal 
should be sent to Mr. Cushing, WHS/DIOR, 1215 Jefferson Davis Highway, 
Suite 1204, Arlington, VA 22202-4302.

    Dated: June 4, 2001.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 01-14678 Filed 6-11-01; 8:45 am]
BILLING CODE 5001-08-M
Exhibit 23.1

CONSENT OF ODENBERG, ULLAKKO,
MURANISHI & CO. LLP, INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We
consent to the incorporation by reference in the Registration Statements on Form
S-8 (Reg. Nos. 333-12087, 333-68637, 333-94111, 333-42210, 333-56274, 333-90504
and 333-116740) pertaining to the 1993 Stock Option Plan, the 1996 Equity
Incentive Plan, the 1996 Non-Employee Directors Stock Option Plan, the 1997
Employee Stock Purchase Plan, and the 2000 Equity Incentive Plan, and
Registration Statements on Form S-3 (Reg. Nos. 333-68117, 333-72225, 333-79925,
333-92355, 333-134507 and 333-134153) of our reports dated March 14, 2008, with
respect to the financial statements of Avigen, Inc. and our assessment of the
effectiveness of internal control over financial reporting of Avigen, Inc.,
included in this Annual Report on Form 10-K for the year ended December 31,
2007.

|                                | /s/ ODENBERG, ULLAKKO,
      MURANISHI & CO. LLP
|------------------------------- | ------------------------------------------------
|San Francisco,
      California |                                                 
|March 14,
      2008            |                                                 

81

---
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: GEORGE REX ANDREWS 

DOCKET NUMBER: 195 

DOCUMENT TYPE: ISSUANCE OF COMPLAINT 

UNITED STATES DEPARTMENT OF AGRICULTURE 

Commodity Exchange Authority 

Washington, D. C. 20250 

ISSUANCE OF COMPLAINT - CEA DOCKET NO. 195 

(Administrative Hearing Under the Commodity Exchange Act) 

A complaint and notice of hearing has been signed by the Assistant Secretary 

of Agriculture charging violation of the Commodity Exchange Act by: 

George Rex Andrews 

(Ormond Beach, Florida) 

The complaint charges that the respondent while employed by a futures 

commission merchant cheated, defrauded and deceived one of his employer's 

customers. The complaint alleges that during the period June 25-August 14, 

1970, the respondent made unauthorized trades for the customer and in connection 

therewith, deceived him as to the true status of his accounts. 

The issuance of a complaint under the Commodity Exchange Act does not 

constitute proof of violation of the law. Such violation is established only 

when the Judicial Officer of the Department has made a determination that the 

evidence substantiates allegations in the complaint. Complaints are filed in 

the Office of the Hearing Clerk of the Department of Agriculture and are a 

matter of public record. Pending disposition by the Judicial Officer, it is the 

policy of the Commodity Exchange Authority not to comment or elaborate on 

charges contained in complaints or to discuss evidence on which they are based. 

A public hearing on the complaint is scheduled to be held before a referee in 

Jacksonville, Florida at a place therein and date to be specified later. 

LOAD-DATE: June 16, 2008 
Page 2
#### Michael A. LOISEAU, Plaintiff-Appellant, v. Houston NORRIS, Lieutenant, Shift Watcher, Rappahannock Regional Jail, Defendant-Appellee.

No. 11-7293.

United States Court of Appeals, Fourth Circuit.

Submitted: Feb. 9, 2012.

Decided: Feb. 14, 2012.

*274Michael Angelo Loiseau, Appellant Pro Se.

Before WILKINSON, AGEE, and FLOYD, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Michael A. Loiseau appeals the district court’s order adopting the reasoning set forth in the magistrate judge’s report and recommendation and dismissing Loiseau’s civil rights action for failure to state a claim. On appeal, we confíne our review to the issues raised in the Appellant’s brief. *See*4th Cir. R. 34(b). Because Loiseau’s informal brief does not challenge the basis for the district court’s disposition, Loiseau has forfeited appellate review of the court’s order. Accordingly, we affirm the district court’s judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
---

Exhibit 32.2

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

I, Ronald Everett, hereby 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 on Form 10-Q/A (Amendment No. 1) of
      GBS Enterprises Incorporated for the fiscal quarter ended September 30,
      2010 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 Form 10-Q fairly
      presents, in all material respects, the financial condition and results of
      operations of GBS Enterprises Incorporated.                                                                              

|Date: February 4, 2011 | /s/ Ronald Everett                                
|---------------------- | --------------------------------------------------
|                       | Ronald Everett                                    
|                       | Chief Financial Officer                           
|                       | (Principal Financial and
      Accounting Officer)

---
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-10210

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

LUPE TOVAR ALANIZ, JR.,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 1:11-CR-37-1

Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. 

PER CURIAM:*

The Federal Public Defender appointed to represent Lupe Tovar Alaniz,

Jr., has moved for leave to withdraw and has filed a brief in accordance with

Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d

229 (5th Cir. 2011). Alaniz has not filed a response. We have reviewed counsel’s

brief and the relevant portions of the record reflected therein. We concur with

counsel’s assessmentthat the appeal presents no nonfrivolous issue for appellate

review. Accordingly, counsel’s motion for leave to withdraw is GRANTED,

United States Court of Appeals

Fifth Circuit

F I L E D

October 16, 2012

Lyle W. Cayce

Clerk

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.

Case: 12-10210 Document: 00512020896 Page: 1 Date Filed: 10/16/2012
No. 12-10210

counsel is excused from further responsibilities herein, and the APPEAL IS

DISMISSED. See 5TH CIR. R. 42.2.

2

Case: 12-10210 Document: 00512020896 Page: 2 Date Filed: 10/16/2012
[Federal Register Volume 66, Number 112 (Monday, June 11, 2001)]
[Notices]
[Page 31259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14654]


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NATIONAL CREDIT UNION ADMINISTRATION


Agency Information Collection Activities: Submission to OMB for 
Review; Comment Request

AGENCY: National Credit Union Administration (NCUA).

ACTION: Request for comment.

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

SUMMARY: The NCUA is submitting the following new information 
collection to the Office of Management and Budget (OMB) for review and 
clearance under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 
U.S.C. Chapter 35). This information collection is published to obtain 
comments from the public.

DATES: Comments will be accepted until July 11, 2001.

ADDRESSES: Interested parties are invited to submit written comments to 
NCUA
    Clearance Officer: Mr. James L. Baylen, (703) 518-6411, National 
Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-
3428, Fax No. 703-518-6433, E-mail: <a href="/cdn-cgi/l/email-protection#deb4bcbfa7b2bbb09eb0bdabbff0b9b1a8"><span class="__cf_email__" data-cfemail="fa90989b83969f94ba94998f9bd49d958c">[email protected]</span></a>.
    OMB Reviewer: Alexander T. Hunt, (202) 395-7860, Office of 
Management and Budget, Room 10226, New Executive Office Building, 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Copies of the information collection 
requests, with applicable supporting documentation, may be obtained by 
calling the: NCUA Clearance Officer, James L. Baylen, (703) 518-6411. 
It is also available on the following website: www.NCUA.gov.

SUPPLEMENTARY INFORMATION: Proposal for the following collection of 
information:
    OMB Number: 3133-0101.
    Form Number: N/A.
    Type of Review: Reinstatement of a previously approved collection 
without change.
    Title: 12 CFR Parts 723.5--Develop written loan policies--and 
723.11--Provide waiver requests.
    Description: The general purpose of the requirements imposed by the 
rule is to ensure that loans are made, documented, and accounted for 
properly and for the ultimate protection of the National Credit Union 
Share Insurance Fund.
    Respondents: Federally insured credit unions that make member 
business loans.
    Estimated No. of Respondents/Record keepers: 50.
    Estimated Burden Hours Per Response: 2 hours.
    Frequency of Response: Other. Information disclosures required are 
made on an on-going basis.
    Estimated Total Annual Burden Hours: 100.
    Estimated Total Annual Cost: N/A.

    By the National Credit Union Administration Board on June 5, 
2001.
Becky Baker,
Secretary of the Board.
[FR Doc. 01-14654 Filed 6-8-01; 8:45 am]
BILLING CODE 7535-01-P


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</html>
[Federal Register Volume 66, Number 114 (Wednesday, June 13, 2001)]
[Notices]
[Page 31951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14888]


=======================================================================
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RAILROAD RETIREMENT BOARD


Agency Forms Submitted for OMB Review

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. Chapter 35), the Railroad Retirement Board (RRB) has submitted 
the following proposal(s) for the collection of information to the 
Office of Management and Budget for review and approval.

Summary of Proposal(s)

    (1) Collection title: Investigation of Claim for Possible Days of 
Employment.
    (2) Form(s) submitted: ID-5S(SUP).
    (3) OMB Number: N/A.
    (4) Expiration date of current OMB clearance: N/A.
    (5) Type of request: New.
    (6) Respondents: Business or other for profit.
    (7) Estimated annual number of respondents: 80.
    (8) Total annual responses: 80.
    (9) Total annual reporting hours: 13.
    (10) Collection description: Under the Railroad Unemployment 
Insurance Act, unemployment or sickness benefits are not payable for 
any day in which remuneration is payable or accrues to the claimant. 
The collection will obtain information about compensation credited to 
an employee during a period when the employee claimed unemployment or 
sickness benefits from their railroad employer.

Additional Information or Comments: Copies of the forms and supporting 
documents can be obtained from Chuck Mierzwa, the agency clearance 
officer (312-751-3363). Comments regarding the information collection 
should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 
North Rush Street, Chicago, Illinois, 60611-2092 and the OMB review, 
Joe Lackey (202-395-7316), Office of Management and Budget, Room 10230, 
New Executive Office Building, Washington, DC 20503.

Chuck Mierzwa,
Clearance Officer.
[FR Doc. 01-14888 Filed 6-12-01; 8:45 am]
BILLING CODE 7905-01-M
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 Defense

###### Office of the Secretary of Defense

# AGENCY:

Department of Defense, Advisory Group on Electron Devices.

# ACTION:

Notice.

# SUMMARY:

Working Group A (Microwave Devices) of the DOD Advisory Group on Electron Devices (AGED) announces a closed session meeting.

# DATES:

The meeting will be held at 0900, Thursday, June 28, 2001.

# ADDRESSES:

The meeting will be held at Palisades Institute for Research Services, Inc., 1745 Jefferson Davis Highway, Suite 500, Arlington, VA 22202.

# FOR FURTHER INFORMATION CONTACT:

David Cox, AGED Secretariat, 1745 Jefferson Davis Highway, Crystal Square Four, Suite 500, Arlington, Virginia 22202.

# SUPPLEMENTARY INFORMATION:

The mission of the Advisory Group is to provide advice to the Under Secretary of Defense for Acquisition and Technology, to the Director of Defense Research and Engineering (DDR&E), and through the DDR&E to the Director, Defense Advanced Research Projects Agency (ARPA) and the Military Departments in planning and managing an effective and economical research and development program in the ara of electron devices.

The Working Group A meeting will be limited to review of research and development programs which the Military Departments propose to initiate with industry, universities or in their laboratories. This microwave device area includes programs on developments and research related to microwave tubes, solid state microwave devices, electronic warfare devices, millimeter wave devices, and passive devices. The review ill include details of classified defense programs throughout.

In accordance with section 10(d) of Pub. L. No. 92-463, as amended, (5. U.S.C. App. 10(d)(1994), it has been determined that this Advisory Group meeting concerns matters listed in 5 U.S.C. 552b(c)(1)(1994), and that accordingly, this meeting will be closed to the public.

      ( print page 32336)    
June 5, 2001.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 01-14979 Filed 6-13-01; 8:45 am]

BILLING CODE 5001-08-M