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

No. 22
- 6541

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. TERRY LAVELLE INGRAM , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh

. Terrence W. Boyle , District Judge. ( 5:18

- cr - 00061

- BO

- 2 ; 5:20

- cv - 00691

- BO )

Submitted : October 18, 2022 Decided: October 21, 2022

Before WYNN and THACKER , Circuit Judges , and FLOYD, Senior Circuit Judge

.
Dismissed by un published per curiam opinion

. Terry Lavelle Ingram , Appellant Pro Se

. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6541 Doc: 6 Filed: 10/21/2022 Pg: 1 of 32 PER CURIAM: Terry Lavelle Ingram see ks to appeal the district court’s order denying relief on his 28 U.S.C. § 225 5 motion . The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)( B ). A certificate of appealability wil l 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 the di strict court’s assessment of the constitutional claims debatable or wrong. See Buck v.
Davis , 137 S. Ct. 759, 773

- 74 (2017). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural r uling is debatable and that the motion 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))

. Limiting our review of the record to the issues raised in Ingram’s informal brief , we conclude that Ingram has not made the requisite showing. * See 4th Cir. R. 34(b); Jackson v. Lightsey , 775 F.3d 170, 177 (4th Cir. 2014) ( “ The informal brief is an important document; under Fourth Circuit rules , our review is limited to issues preserved in that brief. ” )

. Accordingly, we deny a certificate of appealability and dismiss the appeal.

* We decline to consider Ingram’s actual innocence and ineffective assistance claims that he raises for the first time on appeal. See Hicks v. Ferreyra , 965 F.3d 302, 310 (4th Cir. 2020) (“It is well established that this court does not consider issues rais ed for the first time on appeal, absent exceptional circumstances.” (cleaned up) )

. USCA4 Appeal: 22-6541 Doc: 6 Filed: 10/21/2022 Pg: 2 of 33 We dispense with oral argument because the facts and legal contentions are adequately presented in the materials befo re this court and argument would not aid the decisional process.
DISMISSED USCA4 Appeal: 22-6541 Doc: 6 Filed: 10/21/2022 Pg: 3 of 3
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

FINJAN INC., a Delaware corporation,

Plaintiff-Appellant,

v.

SYMANTEC CORP., a Delaware corporation, 

WEBSENSE INC., a Delaware corporation, AND

SOPHOS INC., a Massachusetts corporation,

Defendants-Appellees.

______________________ 

2013-1682

______________________ 

Appeal from the United States District Court for the 

District of Delaware in No. 1:10-CV-00593-GMS, Chief 

Judge Gregory M. Sleet.

______________________ 

JUDGMENT

______________________ 

PAUL J. ANDRE, Kramer Levin Naftalis & Frankel 

LLP, of Menlo Park, California, argued for plaintiffappellant. With him on the brief were LISA KOBIALKA and

JAMES HANNAH; and AARON M. FRANKEL of New York, 

New York. Of counsel on the brief was JEFFREY M.

HARRIS, Bancroft PLLC, of Washington, DC. 
 

DAVID A. NELSON, Quinn Emanuel Urquhart & Sullivan, LLP, of San Francisco, California, and SEAN C.

CUNNINGHAM, DLA Piper LLP, of San Diego, California, 

argued for defendants-appellees. On the brief for Symantec Corp. were JENNIFER A. KASH, SEAN S. PAK and DAVID 

A. NELSON, Quinn Emanuel Urquhart & Sullivan, LLP, of 

San Francisco, California. On the brief for Websense, Inc. 

were ANTHONY M. STIEGLER and LORI R. MASON, of Cooley 

LLP, of San Diego, California. Of then brief for Sophos 

Inc. were JOHN ALLCOCK, SEAN C. CUNNINGHAM, STANLEY 

J. PANIKOWSKI, and KATHRYN RILEY GRASSO, DLA Piper 

LLP, of San Diego, California. 

______________________ 

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: 

 PER CURIAM (PROST, Chief Judge, NEWMAN and 

REYNA, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

 September 15, 2014 /s/ Daniel E. O’Toole 

 Date Daniel E. O’Toole 

 Clerk of Clerk
Henry L. JACKSON, Petitioner, v. UTAH, et al.

No. 19-8021.

Supreme Court of the United States.

May 18, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.
IN RE Kenton G. FINDLAY, Petitioner.

No. 19-7885.

Supreme Court of the United States.

May 18, 2020

Petition for writ of prohibition denied.
<PAGE>

                                                                      Exhibit 21


                   Subsidiaries of Maxwell Shoe Company Inc.


Sprague Company
101 Sprague Street
P. O. Box 37
Readville (Boston), Massachusetts 02137

State or other jurisdiction of incorporation or organization - Delaware

Ownership by Maxwell Shoe Company Inc. - 100%



Maxwell Retail Inc.
101 Sprague Street
P. O. Box 37
Readville (Boston), Massachusetts 02137

State or other jurisdiction of incorporation or organization - Delaware

Ownerships by Maxwell Shoe Company Inc. - 100%



Maxwell Footwear of California, Inc.
23455 Cloverdale Court
Newhall, California 91321

State or other jurisdiction of incorporation or organization - Delaware

Ownership by Maxwell Shoe Company Inc. - 100%



MSC Holdings LLC
23455 Cloverdale Court
Newhall, California 91321

State or other jurisdiction of incorporation or organization - Delaware

Ownership by Maxwell Shoe Company Inc. - 100%
Exhibit 31.2



CERTIFICATION BY THE CHIEF ACCOUNTING OFFICER
PURSUANT TO SECTION 302 OF THE

SARBANES-OXLEY ACT OF 2002



I, David E. Hamer, certify that:



1. I have reviewed this quarterly report on Form 10-Q of G&L Realty
Corp.;



2. Based on my knowledge, this report does not contain
any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;



3. Based on my knowledge, the financial statements, and other
financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;



4. The registrants other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:



a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our
supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;



b) evaluated the effectiveness of the
registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures as of the end of the period covered by this report based on such evaluation; and



c) disclosed in this report any change in the
registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over
financial reporting; and



5. The registrants other
certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing
the equivalent functions):



a) all significant
deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to affect the registrants ability to record, process, summarize and report financial information; and



b) any fraud, whether or not material, that
involves management or other employees who have a significant role in the registrants internal control over financial reporting.



|                        
|------------------------
|Date: May 16, 2005      
|                        
|/s/    David E. Hamer   
|David E. Hamer          
|Chief Accounting Officer
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

RICHARD SUTTON

,

Petitioner

v.

THE PROTHONOTARY OF THE PA.

SUPREME COURT,

Respondent :

:

:

:

:

:

:

:

:

:

:

: No. 66 EM 2022

ORDER

PER CURIAM

AND NOW , this 6 th day of October , 2022, the Application for Leave to File Original

Process is GRANTED, and the Petition for Writ of Mandamus and the Application for an

Immediate Hearing are DENIED.
GPRO - 3.31.2012 - Exhibit 10.4








Exhibit 10.4




SIXTH AMENDMENT TO THE 2003 INCENTIVE AWARD PLAN
OF GEN-PROBE INCORPORATED 


(February 8, 2012)
This Sixth Amendment is made to the 2003 Incentive Award Plan of Gen-Probe Incorporated (the “Plan”).  Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Plan.  This Sixth Amendment shall become immediately effective as of February 8, 2012.
WHEREAS, Gen-Probe Incorporated, a Delaware corporation (the “Company”) maintains the Plan, and pursuant to Section 12.2 of the Plan, the Board of Directors may amend the Plan without the consent of the affected Holders, provided the amendment does not alter or impair any rights or obligations under any Award theretofore granted or awarded, and that other restrictions as set forth in Section 12.2 of the Plan are satisfied; and
WHEREAS, the Board desires to revise and clarify the (i) exercise provision applicable to Options and (ii) vesting provisions applicable on a Change in Control of the Company, in each case, in accordance with Section 12.2 of the Plan.
NOW THEREFORE, the Plan is amended as follows:
1.  In order to revise and clarify the exercise provision applicable to Options, the first clause of Section 6.2 of the Plan is hereby revised to read as follows:
Unless otherwise set forth in an Award Agreement, all or a portion of an exercisable Option shall be deemed exercised upon delivery of all of the following to the Secretary of the Company or his office:


2.  In order to revise and clarify the vesting provisions applicable on a Change in Control of the Company, Section 12.4 of the Plan is revised to read as follows:


Change in Control.  Unless otherwise set forth in an Award Agreement, notwithstanding any other provision of the Plan, in the event of a Change in Control, each outstanding Award shall, immediately prior to the effective date of the Change in Control, automatically become fully exercisable for all of the shares of Common Stock at the time subject to such Award and may be exercised for any or all of those shares as fully-vested shares of Common Stock.
3.  Except as provided herein, the Plan shall remain in full force and effect.
IN THE SUPREME COURT OF THE STATE OF MONTANA DA 22-0189 DANNY LEE WARNER, JR., Petitioner and Appellant, v. STATE OF MONTANA, Respondent and Appellee.



### SEP

0 7 2022 Bowen Greenwood Clerk of Supreme Court State of Montana ORDER Appellant Danny Lee Warner, Jr. has filed

a Motion For Leave to File an Over length Brief of 13,000 words. IT IS HEREBY ORDERED that motion to file an overlength brief is DENIED. Appellant has until September 22, 2022, within which to file his opening brief. DATED this — 4— — day of September, 2022. For the Court, Chief Justice09/08/2022Case Number: DA 22-0189
### THE THIRTEENTH COURT OF APPEALS

13

- 14

- 00353

- CR

Patrick Todd
v. The State of Texas

On Appeal from the 319th District Court of Nueces County , Texas Trial Cause No. 11CR2234

- G

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on
appeal, concludes that the judgment of the trial court should be AFFIRMED AS

MODIFIED by this Court . The Court orders the judgment of the trial court AFFIRMED

AS MODIFIED.

We further order this decision certified below for observance.
March 12, 2015
```
 
 
MSCI EAFE MINI INDEX - NYSE LIFFE                                    Code-244041
OPTION AND FUTURES COMBINED POSITIONS AS OF 03/05/13          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:       90,052
COMMITMENTS
  24,989    4,825      970   59,220   82,099   85,179   87,894    4,873    2,158

CHANGES FROM 02/26/13 (CHANGE IN OPEN INTEREST:       -100)
  16,610       93      958  -16,965   -1,141      603      -90     -703      -10

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
    27.7      5.4      1.1     65.8     91.2     94.6     97.6      5.4      2.4

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       72)
      10        5        4       36       34       47       42
 
 
MSCI EMERGING MKTS MINI INDEX - NYSE LIFFE                           Code-244042
OPTION AND FUTURES COMBINED POSITIONS AS OF 03/05/13          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:      193,856
COMMITMENTS
  64,245   27,270    4,377  106,627  156,975  175,249  188,622   18,607    5,234

CHANGES FROM 02/26/13 (CHANGE IN OPEN INTEREST:      5,549)
  17,185    3,753    3,155  -16,010   -2,121    4,330    4,787    1,219      762

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
    33.1     14.1      2.3     55.0     81.0     90.4     97.3      9.6      2.7

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      144)
      40       16        7       67       45      111       64
```

----

Updated March 8, 2013
Tim SUNDY, Petitioner, v. FRIENDSHIP PAVILION ACQUISITION COMPANY, LLC, et al.

No. 19-7600.

Supreme Court of the United States.

April 6, 2020

Petition for writ of certiorari to the Court of Appeals of Georgia denied.
Independent Auditors' Consent 
 
 
 
To the Shareholders and Directors of 
Smith Barney World Funds, Inc.: 
 
We consent to the use of our reports dated December 28, 1995 with respect to 
the Portfolios listed below of Smith Barney World Funds, Inc. incorporated 
herein by reference and to the references to our Firm under the headings 
"Financial Highlights" in the Prospectuses of the Portfolios listed below 
and "Independent Auditors" in the Statement of Additional Information. 
 
 
Portfolio 
 
Global Government Bond Portfolio 
 
International Equity Portfolio 
 
Pacific Portfolio 
 
European Portfolio 
 
International Balanced Portfolio 
 
Emerging Markets Portfolio 
 
 
 
 
 
	KPMG PEAT MARWICK LLP 
 
New York, New York 
February 22, 1996
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

In connection with the annual report on Form 10-K of BioSphere Medical, Inc. (the "Company") for the period
ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned Martin J. Joyce, Chief Financial Officer of the Company, hereby
certifies, pursuant to 18 U.S.C. Section, that:



Dated: March 26, 2010

/s/ MARTIN J. JOYCE Martin J. Joyce Executive Vice President and Chief Financial Officer
(Principal Financial Officer)


---



QuickLinks
Exhibit 32.2

STATEMENT OF PRINCIPAL FINANCIAL OFFICER OF

INTERNATIONAL TEXTILE GROUP, INC.

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 Annual Report on Form 10-K of International Textile Group, Inc. (the
Company) for the period ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Willis C. Moore, III, Executive Vice President and Chief Financial Officer of the
Company, do hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 financial condition and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                     |  |  |  |                     
|---------------------------------------------------- |  |  |  | --------------------
|                                                     |  |  |  | Date: March 27, 2009
|                                                     |  | 
|/s/ Willis C. Moore, III                             |  |  |  |                     
|Willis C. Moore, III                                 |  |  |  |                     
|Executive Vice President and Chief Financial Officer |  |  |  |                     

The foregoing statement is being furnished to accompany International Textile Group, Inc.s
Annual Report on Form 10-K for the year ended December 31, 2008 (the Report) solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed as part of the Report or as a separate disclosure
document and shall not be deemed incorporated by reference into any other filing of International Textile Group, Inc. that incorporates the Report by reference. A signed original of this written statement required by Section 906 has been
provided to International Textile Group, Inc. and will be retained by International Textile Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
# C_2017436EN.01000701.xml

| 16.12.2017 | EN | Official Journal of the European Union | C 436/7 |
| --- | --- | --- | --- |

16.12.2017

EN

Official Journal of the European Union

C 436/7

---

Information communicated by Member States regarding closure of fisheries

(2017/C 436/11)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

1

| Date and time of closure | 13.11.2017 |
| --- | --- |
| Duration | 13.11.2017-31.12.2017 |
| Member State | Spain |
| Stock or Group of stocks | SRX/67AKXD (including special condition RJC/67AKXD; RJE/7FG.; RJF/67AKXD; RJH/67AKXD; RJI/67AKXD; RJM/67AKXD; RJN/67AKXD; RJU/67AKXD; RJC/*07D.; RJE/*07D.; RJF/*07D.; RJH/*07D.; RJI/*07D.; RJM/*07D.; RJN/*07D.; RJU/*07D.) |
| Species | Skates and rays (Rajiformes) |
| Zone | Union waters of VIa, VIb, VIIa-c and VIIe-k |
| Type(s) of fishing vessels | — |
| Reference number | 43/TQ127 |

Date and time of closure

13.11.2017

Duration

13.11.2017-31.12.2017

Member State

Spain

Stock or Group of stocks

SRX/67AKXD (including special condition RJC/67AKXD; RJE/7FG.; RJF/67AKXD; RJH/67AKXD; RJI/67AKXD; RJM/67AKXD; RJN/67AKXD; RJU/67AKXD; RJC/*07D.; RJE/*07D.; RJF/*07D.; RJH/*07D.; RJI/*07D.; RJM/*07D.; RJN/*07D.; RJU/*07D.)

Species

Skates and rays (Rajiformes)

Rajiformes

Zone

Union waters of VIa, VIb, VIIa-c and VIIe-k

Type(s) of fishing vessels

—

Reference number

43/TQ127

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

---
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
Crossmann Communities, Inc.
Exhibit 27.1
Article 5 Financial Data Schedule for 1998 10-Q
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                         3083475
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                  163833681
<CURRENT-ASSETS>                                     0
<PP&E>                                         5819323
<DEPRECIATION>                                 2463600
<TOTAL-ASSETS>                               194101155
<CURRENT-LIABILITIES>                                0
<BONDS>                                       63632431
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                      55726356
<OTHER-SE>                                    57803443
<TOTAL-LIABILITY-AND-EQUITY>                 194101155
<SALES>                                       56323242
<TOTAL-REVENUES>                              56323242
<CGS>                                         44527551
<TOTAL-COSTS>                                 44527551
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              216117
<INCOME-PRETAX>                                4239834
<INCOME-TAX>                                   1690633
<INCOME-CONTINUING>                            2549201
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   2549201
<EPS-PRIMARY>                                      .23
<EPS-DILUTED>                                      .22
        

</TABLE>
```
 
 
WHEAT - MINNEAPOLIS GRAIN EXCHANGE                                   Code-001626
FUTURES ONLY POSITIONS AS OF 12/03/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(CONTRACTS OF 5,000 BUSHELS)                         OPEN INTEREST:       52,104
COMMITMENTS
  13,336   10,000      612   24,921   31,519   38,869   42,131   13,235    9,973

CHANGES FROM 11/26/13 (CHANGE IN OPEN INTEREST:     -1,850)
     599      384       61     -958     -855     -298     -410   -1,552   -1,440

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    25.6     19.2      1.2     47.8     60.5     74.6     80.9     25.4     19.1

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       77)
      21       15        6       35       22       56       43
```

----

Updated December 6, 2013