alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-60004

Summary Calendar

 

HERMAN J. MAYFIELD,

Plaintiff-Appellant,

versus

JOHN J. CALLAHAN,

Commissioner of Social Security,

Defendant-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 4:95-CV-27LS

- - - - - - - - - -

July 29, 1997

Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.

PER CURIAM:*

Herman J. Mayfield argues that the district court erred in 

affirming the decision of the Commissioner denying supplemental

social security income. We have reviewed the record and the

briefs of the parties and AFFIRM for essentially the reasons

adopted by the district court. Mayfield v. Callahan, No. 4:95-

CV-27LS (S.D. Miss. Sept. 30, 1996).
No.

- 2 -

AFFIRMED.
<PAGE>

                                                                    EXHIBIT 12.1


               COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                            (Dollars in Thousands)

<TABLE>
<CAPTION>
                                                    1997           1998            1999            2000           2001
<S>                                               <C>            <C>             <C>             <C>            <C>
Earnings:
  Total earnings (loss)                           $  3,172       $ 14,137        $(16,917)       $ 10,779       $ 14,358
  Income tax provision (credit)                      5,193         12,986          (2,772)          7,972          9,386
  Extraordinary item                                 1,462
                                                  --------       --------        --------        --------       --------
  Pre-tax earnings (loss)                            9,827         27,123         (19,689)         18,751         23,744
                                                  --------       --------        --------        --------       --------
Fixed charges:
  Interest charges                                   3,463          3,175          22,722          28,563         31,926
  Interest factor of operating rents                   178            197             227             323            365
                                                  --------       --------        --------        --------       --------
  Total fixed charges                                3,641          3,372          22,949          28,886         32,291
                                                  --------       --------        --------        --------       --------

Earnings as adjusted                              $ 13,468       $ 30,495        $  3,260        $ 47,637       $ 56,035
                                                  ========       ========        ========        ========       ========

Ratio of earnings to fixed charges                     3.7            9.0             0.1             1.6            1.7
                                                  ========       ========        ========        ========       ========
</TABLE>

                                       i
# L_2008339EN.01011301.xml

| 18.12.2008 | EN | Official Journal of the European Union | L 339/113 |
| --- | --- | --- | --- |

18.12.2008

EN

Official Journal of the European Union

L 339/113

---

DECISION OF THE EEA JOINT COMMITTEE

No 121/2008

of 7 November 2008

amending Annex XX (Environment) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:

| (1) | Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No 106/2008 of 26 September 2008 (1). |
| --- | --- |

(1)

Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No 106/2008 of 26 September 2008 (1).

| (2) | Commission Regulation (EC) No 2077/2004 of 3 December 2004 amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council with regard to the use of processing agents (2) is to be incorporated into the Agreement, |
| --- | --- |

(2)

Commission Regulation (EC) No 2077/2004 of 3 December 2004 amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council with regard to the use of processing agents (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following indent shall be added in point 21aa (Regulation (EC) No 2037/2000 of the European Parliament and of the Council) of Annex XX to the Agreement:

| ‘— | 32004 R 2077: Commission Regulation (EC) No 2077/2004 of 3 December 2004 (OJ L 359, 4.12.2004, p. 28).’ |
| --- | --- |

‘—

32004 R 2077: Commission Regulation (EC) No 2077/2004 of 3 December 2004 (OJ L 359, 4.12.2004, p. 28).’

Article 2

The texts of Regulation (EC) No 2077/2004 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 8 November 2008, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 7 November 2008.

For the EEA Joint Committee

The President

H.S.H. Prinz Nikolaus von LIECHTENSTEIN

---

(1)  
  OJ L 309, 20.11.2008, p. 33.

1

(2)  
  OJ L 359, 4.12.2004, p. 28.

2

(*1)  No constitutional requirements indicated.

*1

---
[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Notices]
[Page 34177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16032]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Senior Executive Service Performance Review Board

AGENCY: Office of the Inspector General, Department of Defense (OIG, 
DoD).

ACTION: Notice.

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

SUMMARY: This notice announces the appointment of the members of the 
Senior Executive Service (SES) Performance Review Board (PRB) for the 
OIG, DoD, as required by 5 U.S.C. 4314(c)(4). The PRB provides fair and 
impartial review of SES performance appraisals and makes 
recommendations regarding performance ratings, performance awards and 
recertification to the Inspector General.

EFFECTIVE DATE: July 1, 2001.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Peterson, Director, 
Personnel and Security, Office of Administration and Information 
Management, OIG, DoD, 400 Army Navy Drive, Arlington, VA 22202, (703) 
602-4513.

Charles W. Beardall--Deputy Assistant Inspector General for Criminal 
Investigative Policy and Oversight, OAIG for Investigations
Thomas J. Bonnar--Deputy Assistant Inspector General for Investigations
Patricia A. Brannin--Deputy Assistant Inspector General for Audit 
Policy and Oversight, OAIG--Auditing
David A. Brinkman--Director, Audit Followup and Technical Support, 
OAIG--Auditing
C. Frank Broome--Director, Office of Departmental Inquiries
David M. Crane--Director, Office for Intelligence Review
Thomas F. Gimble--Director, Acquisition Management, OAIG--Auditing
Paul J. Granetto--Director, Contract Management, OAIG--Auditing
Joel L. Leson--Director, Administration and Information Management
Carol L. Levy--Assistant Inspector General for Investigations
Robert J. Lieberman--Deputy Inspector General
David K. Steensma--Deputy Assistant Inspector General for Auditing
Alan W. White--Director, Investigative Operations, OAIG for 
Investigations
Shelton R. Young--Director, Readiness and Logistics Support, OAIG--
Auditing
Robert L. Ashbaugh--Deputy Inspector General, Department of Justice
Patricia Dalton--Deputy Inspector General, Department of Labor
Joyce Fleischman--Deputy Inspector General, Department of Agriculture
Joseph R. Willever--Deputy Inspector General, Office of Personnel 
Management

    Dated: June 21, 2001.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 01-16032 Filed 6-26-01; 8:45 am]
BILLING CODE 5001-08-M
Steven Asir THOMAS, petitioner, v. UNITED STATES.

No. 17-8090.

Supreme Court of the United States

April 16, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-29-1997
<CASH>                                             353
<SECURITIES>                                         0
<RECEIVABLES>                                   17,635
<ALLOWANCES>                                     1,614
<INVENTORY>                                     14,562
<CURRENT-ASSETS>                                33,621
<PP&E>                                          31,073
<DEPRECIATION>                                  19,153
<TOTAL-ASSETS>                                  47,802
<CURRENT-LIABILITIES>                          558,999
<BONDS>                                            190
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        100
<COMMON>                                        55,948
<OTHER-SE>                                   (571,818)
<TOTAL-LIABILITY-AND-EQUITY>                    47,802
<SALES>                                         37,271
<TOTAL-REVENUES>                                37,271
<CGS>                                           33,819
<TOTAL-COSTS>                                   39,608
<OTHER-EXPENSES>                                  (58)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              15,527
<INCOME-PRETAX>                               (17,806)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (17,806)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (17,806)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, 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. 

 _________________________________________ 

 Clerk

May 21, 2012 

d0514 

Order 

 

May 21, 2012 

144559 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 144559 

 COA: 306470 

Tuscola CC: 10-011770-FH 

SCOTT CRAIG STEVENS, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the December 8, 2011 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court.
Margarita Del Pilar FITZPATRICK, petitioner, v. Jefferson B. SESSIONS, III, Attorney General.

No. 17-76.

Supreme Court of the United States

Oct. 2, 2017.

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.
The HONORABLE EDWARD L. FILIPPINE, United States District

1

Judge for the Eastern District of Missouri, who adopted the Report

and Recommendation of the HONORABLE LAWRENCE O. DAVIS, United

States Magistrate Judge for the Eastern District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 96-2050

___________

Michael Williams, *

*

Petitioner - Appellant, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Missouri.

Mike Bowersox, *

* [UNPUBLISHED]

Respondent - Appellee. *

___________

 Submitted: January 13, 1997

 Filed: March 4, 1997

___________

Before LOKEN, BRIGHT, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________

PER CURIAM.

Michael Williams was convicted of first degree murder after he

entered a home in which three adults and numerous children were

present and shot Kevin Clark, who had reneged on a drug debt. The

Missouri Court of Appeals affirmed the conviction and the denial of

post-conviction relief. State v. Williams, 853 S.W.2d 371 (Mo.

App. 1993). Williams then filed this petition for a writ of habeas

corpus, presenting eight claims that he had previously presented to

the state courts. The district court denied the petition, and

1

Williams appeals. We affirm.
-2-
-3-

On appeal, Williams first argues that the trial record does

not reflect that he knowingly and intelligently waived his

constitutional right to testify in his own defense. This issue is

procedurally defaulted, as it was in El-Tabech v. Hopkins, 997 F.2d

386, 389 (8th Cir. 1993). Williams only raised in the state courts

and in the district court the claim that he was denied his right to

effective assistance of counsel because counsel failed to inform

Williams of his right to testify and failed to call him as a

witness. The state courts found that Williams knew of his right to

testify and, following counsel's advice, decided not to do so. 

Williams next contends (I) that he was denied the right to

offer testimony in his defense when the trial court excluded two

witnesses who had not been timely endorsed as defense witnesses,

and (ii) that trial counsel was ineffective for failing to endorse

these witnesses. Properly deferring to the fact-finding of the

state courts, the Magistrate Judge concluded that the exclusion of

these witnesses did not deny Williams a fundamentally fair trial

because "[t]heir testimony would have been dubious at best and

completely collateral to the question of petitioner's guilt or

innocence," and that trial counsel's failure to endorse resulted

from her "strategic decision to not call these witnesses because

she found their testimony unbelievable." Having carefully reviewed

the trial and post-conviction record, we reject these contentions

for the reasons given by the state courts and by the district

court. See 8th Cir. Rule 47B.

The judgment of the district court is affirmed.

A true copy.

Attest:
-4-

 CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
# C_2011030EN.01003903.xml

| 29.1.2011 | EN | Official Journal of the European Union | C 30/39 |
| --- | --- | --- | --- |

29.1.2011

EN

Official Journal of the European Union

C 30/39

---

Order of the General Court of 24 November 2010 — RWE Transgas v Commission

(Case T-381/09) (1)

1

(Action for annulment - Internal market in natural gas - Article 22 of Directive 2003/55/EC - Letter from the Commission requesting a regulatory authority to amend its decision regarding the grant of an exemption - Act not open to challenge - Inadmissibility)

2011/C 30/72

Language of the case: German

Parties

Parties

Applicant: RWE Transgas a.s. (Prague, Czech Republic) (represented: initially by W. Deselaers, D. Seeliger and S. Einhaus, then by W. Deselaers, D. Seeliger, S. Einhaus and T. Weck, lawyers)

Applicant:

Defendant: European Commission (represented by: G. Wilms, O. Beynet and B. Schima, agents)

Defendant:

Intervener in support of the applicant: Czech Republic (represented by: M. Smolek, agent)

Intervener in support of the applicant:

Re:

Re:

Action for annulment of the decision allegedly contained in the Commission’s letter of 12 June 2009 addressed to the Bundesnetzagentur (German Regulatory Authority) on the basis of Article 22(4) of Directive 2003/55/EC pf the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57).

Operative part of the order

Operative part of the order

| 1. | The action is dismissed. |
| --- | --- |

1.

The action is dismissed.

| 2. | RWE Transgas a.s. shall bear its own costs and pay those incurred by the European Commission. |
| --- | --- |

2.

RWE Transgas a.s. shall bear its own costs and pay those incurred by the European Commission.

| 3. | The Czech Republic shall bear its own costs. |
| --- | --- |

3.

The Czech Republic shall bear its own costs.

---

(1)  OJ C 297, 5.12.2009.

1

---
# L_2006270EN.01006601.xml

| 29.9.2006 | EN | Official Journal of the European Union | L 270/66 |
| --- | --- | --- | --- |

29.9.2006

EN

Official Journal of the European Union

L 270/66

---

Information relating to the entry into force of Decision No 1/2006 of the EU-Tunisia Association Council of 28 July 2006 amending Protocol 4 to the Euro-Mediterranean Agreement, concerning the definition of the concept of originating products and methods of administrative cooperation (1)

Decision No 1/2006 of the EU-Tunisia Association Council of 28 July 2006 amending Protocol 4 to the Euro-Mediterranean Agreement, concerning the definition of the concept of originating products and methods of administrative cooperation, is applicable from 1 August 2006.

---

(1)  
  OJ L 260, 21.9.2006, p. 1.

1

---
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HomeCFTC Headquarters
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ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of

- )

)

Parsons Government Services, Inc. ) ASBCA No. 63147

)

Under Contract No. W56KGY

- 17

- C

- 0006 )

APPEARANCE FOR THE APPELLANT : Marc Radin, Esq.

Counsel

APPEARANCES FOR THE GOVERNMENT: Scott N. Flesch, Esq.

Army Chief Trial Attorney

MAJ Weston E. Borkenhagen, JA

CPT Timothy M. McLister, JA

Trial Attorneys

ORDER OF DISMISSAL

The dispute has been settled. The appeal is dismissed with prejudice.

Dated: December 8, 2022

I certify that the foregoing is a true copy of the Order of Dismissal of the Armed

Services Board of Contract Appeals in ASBCA No. 63147

, Appeal of Parsons

Government Services, Inc. , rendered in conformance with the Board’s Charter.

Dated: December 12, 20 22 STEPHANIE CATES

- HARMAN

Administrative Judge

Armed Services Board

of Contract Appeals

PAULLA K. GATES

- LEWIS

Recorder, Armed Services

Board of Contract Appeals
Gabriel CABELLO, petitioner, v. UNITED STATES.

No. 17-8738.

Supreme Court of the United States

May 29, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-6109

ALLEN LEBEDUN,

Petitioner - Appellant,

versus

ALTON BASKERVILLE, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. James C. Cacheris, Senior

District Judge. (CA-01-683-AM)

Submitted: April 18, 2002 Decided: April 26, 2002

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Allen Lebedun, Appellant Pro Se. Hazel Elizabeth Shaffer, Assistant

Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Allen Lebedun seeks to appeal the district court’s order

denying relief on his petition filed under 28 U.S.C.A. § 2254 (West

1994 & Supp. 2001). We have reviewed the record and the district

court’s opinion and find no reversible error. Accordingly, we deny

a certificate of appealability and dismiss the appeal on the

reasoning of the district court. See Lebedun v. Baskerville, No.

CA-01-683-AM (E.D. Va. Dec. 27, 2001). 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
APPLE INC., petitioner, v. Robert PEPPER, et al.

No. 17-204.

Supreme Court of the United States

Oct. 10, 2017.

The Solicitor General is invited to file a brief in this case expressing the views of the United States.