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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-6785

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

HERBERT BRUCE BAILEY,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Orangeburg. Margaret B. Seymour, District

Judge. (5:03-cr-00402-MBS; 5:06-cv-01414-MBS)

Submitted: July 24, 2007 Decided: August 1, 2007 

Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Herbert Bruce Bailey, Appellant Pro Se. Jane Barrett Taylor,

OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for

Appellee. 

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Herbert Bruce Bailey seeks to appeal the district court’s

order denying relief on his 28 U.S.C. § 2255 (2000) motion. The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. Miller-El v. Cockrell,

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude that Bailey 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 before the court and argument would not

aid the decisional process.

DISMISSED
<TABLE> <S> <C>

        <S> <C>
<PAGE>
<ARTICLE>    5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM
10-QSB FOR THE PERIOD ENDED SEPTEMBER 30, 1998 RESTATED TO REPORT SIX MONTH 
OPERATING ACTIVITY AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 
FINANCIAL STATEMENTS.

<RESTATED>

<MULTIPLIER>    1,000
<S>                               <C>                  <C>
<PERIOD-TYPE>                      6-MOS                6-MOS
<FISCAL-YEAR-END>                  MAR-31-1999          MAR-31-1998
<PERIOD-START>                     APR-01-1998          APR-01-1997
<PERIOD-END>                       SEP-30-1998          SEP-30-1997
<CASH>                                   3,920               17,610
<SECURITIES>                             9,137                    0
<RECEIVABLES>                            5,122 <F1>           4,522 <F1>
<ALLOWANCES>                                 0                    0
<INVENTORY>                              4,612                3,120
<CURRENT-ASSETS>                        23,825               25,507
<PP&E>                                   4,008 <F1>           2,254 <F1>
<DEPRECIATION>                               0                    0
<TOTAL-ASSETS>                          27,833               27,761
<CURRENT-LIABILITIES>                    4,143                6,340
<BONDS>                                    221                  108
<PREFERRED-MANDATORY>                        0                    0
<PREFERRED>                                  0                    0
<COMMON>                                     8                    7
<OTHER-SE>                              23,398               21,228
<TOTAL-LIABILITY-AND-EQUITY>            27,833               27,761
<SALES>                                  9,241                4,968
<TOTAL-REVENUES>                        10,522                7,011
<CGS>                                    6,854                3,445
<TOTAL-COSTS>                            8,359                5,033
<OTHER-EXPENSES>                         2,031 <F2>             839 <F2>
<LOSS-PROVISION>                             0                    0
<INTEREST-EXPENSE>                          74                  105
<INCOME-PRETAX>                          (808)                  104
<INCOME-TAX>                                 0                    0
<INCOME-CONTINUING>                      (808)                  104
<DISCONTINUED>                               0                    0
<EXTRAORDINARY>                              0                    0
<CHANGES>                                    0                    0
<NET-INCOME>                             (808)                  104
<EPS-PRIMARY>                           (0.11) <F3>            0.02 <F3>
<EPS-DILUTED>                           (0.11)                 0.02

<FN> 
<F1> Item shown net of allowance, consistent with the balance sheet 
presentation.
<F2> Item consists of research and development.
<F3> Item consists of basic earnings per share.
</FN>
        


</TABLE>
STATE v. KETTER.

No. COA07-1445.

Court of Appeals of North Carolina.

Filed August 5, 2008.

Certification Date August 25, 2008.

Appeal from Mecklenburg (05CRS256470).

Case reported without published opinion. No error in trial; remanded for correction of clerical error.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary information extracted from the Company's
Consolidated Financial Statements for the quarter ended August 31, 1996 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          FEB-29-1996
<PERIOD-END>                               AUG-31-1996
<CASH>                                           6,984
<SECURITIES>                                         0
<RECEIVABLES>                                   30,680
<ALLOWANCES>                                     (923)
<INVENTORY>                                     29,298
<CURRENT-ASSETS>                                73,321
<PP&E>                                          41,510
<DEPRECIATION>                                (13,650)
<TOTAL-ASSETS>                                 151,255
<CURRENT-LIABILITIES>                           28,479
<BONDS>                                        143,553
<PREFERRED-MANDATORY>                           47,000
<PREFERRED>                                      8,331
<COMMON>                                             2
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   151,255
<SALES>                                         47,885
<TOTAL-REVENUES>                                     0
<CGS>                                           34,083
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                11,192
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,164
<INCOME-PRETAX>                                (1,554)
<INCOME-TAX>                                     (619)
<INCOME-CONTINUING>                              (935)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (935)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
In re J&E DISTRIBUTORS, INC.

No. 50P08.

Supreme Court of North Carolina.

March 14, 2008.

Jason T. Strickland, New Bern, for J&E, Phillips & June.

G. Patrick Murphy, Special Deputy Attorney General, Kathleen Mary Barry, Assistant Attorney General, for State of NC.

The following order has been entered on the motion filed on the 14th day of March 2008 by Respondents (J&E Distributors, Inc., Phillips and June) for Reconsideration of Respondents' Motion for Temporary Stay:

"Motion Denied by order of the Court in Conference this the 14th day of March 2008."
<PAGE> 1

Exhibit 99

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 Industrial Ecosystems, Inc. (the
"Company") on Form 10-QSB for the period ending June 30, 2002 as filed with
the Securities and Exchange Commission on this date (the "Report"), I, John
Kiely, Chief Executive Officer and Chief 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, to the best of my knowledge:

(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 result of operations of the Company.


/S/ John Kiely

John Kiely
Chief Executive Officer and Chief Financial Officer
August 19, 2002
# Commission Implementing Regulation (EU) No 238/2014Show full title

Commission Implementing Regulation (EU) No 238/2014 of 11 March 2014 establishing the standard import values for determining            the entry price of certain fruit and vegetables         

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U.K.

# Commission Implementing Regulation (EU) No 238/2014                     

# of 11 March 2014

# establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural                           markets and on specific provisions for certain agricultural products (Single CMO Regulation)(1),                        

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application                           of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors(2), and in particular Article 136(1) thereof,                        

Whereas:

(1)Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations,                              the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products                              and periods stipulated in Annex XVI, Part A thereto.

(2)The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU)                              No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its                              publication in the *Official Journal of the European Union*,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to                     this Regulation.                  

# Article 2U.K.

This Regulation shall enter into force on the day of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 March 2014.

*For the Commission, On behalf of the President,*                            

Jerzy Plewa                            

*Director-General for Agriculture and Rural Development*                            

## ANNEXU.K.Standard import values for determining the entry price of certain fruit and vegetables

1

OJ L 299, 16.11.2007, p. 1.                           

2

OJ L 157, 15.6.2011, p. 1.
Note 18  Subsequent Event  (Continued)


Exhibit 11.1

Gene Logic Inc.

Years Ended December 31, 1999, 1998 and 1997

Statement Re: Computation of Per Share Loss

(in thousands, except per share amounts)


|                                                                        |  |      |         |      |  |      |         |   |  |   |        |  
|----------------------------------------------------------------------- |  | ---- | ------- | ---- |  | ---- | ------- | - |  | - | ------ | -
|                                                                        |  | 1999 |         | 1998 |  | 1997
|                                                                        |  |      |         |      |  |     
|Basic and Diluted:                                                      |  |      |         |      |  |      |         |   |  |   |        |  
|                                                                       
|                                                                       
|                                                                       
|                                                                       
|Weighted average common shares outstanding                              |  |      | 19,833  |      |  |      | 15,681  |   |  |   | 2,138  |  
|                                                                       
|                                                                       
|                                                                       
|                                                                       
|Net loss                                                                |  | $    | (20,591 | )    |  | $    | (44,873 | ) |  | $ | (7,194 | )
|                                                                       
|                                                                       
|                                                                       
|                                                                       
|Accretion of mandatory redeemable value of convertible preferred
	stock |  |      |        |      |  |      |        |   |  |   | 1,286  |  
|                                                                        |  |      |         |      |  |      |         |   |  |   |        |  
|Net loss attributable to common stockholders                            |  | $    | (20,591 | )    |  | $    | (44,873 | ) |  | $ | (8,480 | )
|                                                                        |  |      |         |      |  |      |         |   |  |   |        |  
|Net loss per common share                                               |  | $    | (1.04   | )    |  | $    | (2.86   | ) |  | $ | (3.97  | )
|                                                                        |  |      |         |      |  |      |         |   |  |   |        |
STATE v. Mario Deandre TAYLOR.

No. 388P08.

Supreme Court of North Carolina.

August 25, 2008.

Jarvis John Edgerton, IV, for Taylor.

David Saacks, District Attorney, for State.

Prior report: ___ N.C.App. ___, 664 S.E.2d 375.

The following order has been entered on the motion filed on the 22nd day of August 2008 by State of NC for Temporary Stay:

"Motion Allowed by order of the Court in conference this the 25th day of August 2008."
# Commission Implementing Regulation (EU) No 395/2014Show full title

Commission Implementing Regulation(EU) No 395/2014 of 16 April 2014 amending Regulation (EC) No 1484/95 as regards representative            prices in the poultrymeat and egg sectors         

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U.K.

# Commission Implementing Regulation[X1(EU) No 395/2014]

# of 16 April 2014

# amending Regulation (EC) No 1484/95 as regards representative prices in the poultrymeat and egg sectors

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing                           a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No                           234/79, (EC) No 1037/2001 and (EC) No 1234/2007(1) and in particular Article 183(b) thereof,                        

Whereas:

(1)Commission Regulation (EC) No 1484/95(2) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat                              and egg sectors and for egg albumin.

(2)Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin                              shows that the representative import prices for certain products should be amended to take account of variations in price                              according to origin.

(3)Regulation (EC) No 1484/95 should be amended accordingly.

(4)Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this                              Regulation should enter into force on the day of its publication,

HAS ADOPTED THIS REGULATION:

Editorial Information

X1Substituted by Corrigendum to Commission Implementing Regulation (EU) No 396/2014 of 16 April 2014 amending Regulation (EC) No 1484/95 as                                 regards representative prices in the poultrymeat and egg sectors (Official Journal of the European Union L 115 of 17 April                                 2014).

# Article 1U.K.

Annex I to Regulation (EC) No 1484/95 is replaced by the text set out in the Annex to this Regulation.

# Article 2U.K.

This Regulation shall enter into force on the day of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

## ANNEXU.K.

### ‘ANNEX IU.K.

1

OJ L 347, 20.12.2013, p. 671.                           

2

OJ L 145, 29.6.1995, p. 47.
Exhibit 10.2


 





 





July 27, 2016


 


Flexpoint Fund II, L.P.

c/o Flexpoint Ford, LLC


676 N. Michigan Avenue, Suite 3300


Chicago, IL 60611


Attn: Donald J. Edwards and Steven M. Michienzi






Re:Consent to Amendment of Promissory Note


 


Messrs. Edwards and Michienzi:


 


Reference is hereby made to that certain Promissory Note of
JetPay Corporation (the “Company”) payable to the order of Flexpoint Fund II, L.P. (“Flexpoint”), dated
January 15, 2016, and amended April 8, 2016 (as amended, the “Note”). Capitalized terms used herein but not defined
herein shall have the meanings ascribed to such terms in the Note. The Company and Flexpoint now desire to amend the Note in accordance
with the provisions of Section 6 of the Note.


 


In consideration of the premises and mutual
promises and covenants herein contained and intending to be legally bound, the Company and Flexpoint hereby agree as follows:


 


1.Amendment of Section 2(a) and Related Provisions.
The first sentence of Section 2(a) of the Note is hereby amended by deleting such sentence in its entirety and replacing it with
the following: “The Company shall pay the principal amount of $1,400,000.00 (or such lesser principal amount then outstanding),
together with all accrued and unpaid interest thereon, to the holder of this Note on the Maturity Date.” The second sentence
of Section 2(a) of the Note is hereby amended by deleting such sentence in its entirety and replacing it with the following: “This
Note shall mature at the earlier to occur of the following (the "Maturity Date"): (i) September 30, 2016
and (ii) an Event of Default (as defined in Section 3) which has not been duly cured or waived.” In addition,
all references in the Note to "$1,050,000" shall be deleted and replaced with "$1,400,000.00."


 


2.Interest Payment. On or before August 10, 2016,
the Company shall pay to Flexpoint in cash all accrued and unpaid interest on the Note through the date hereof.


 


3.Effect of Amendment. All other provisions of the
Note remain unchanged and in full force and effect.


 






    
1175 Lancaster Avenue, Suite 200, Berwyn, PA 19312 | 484-324-7980 | www.JetPayCorp.com



     


    




 


Please note your acceptance of the above by signing below as
indicated.


 





	 	Very truly yours,
	 	 	 
	 	JETPAY CORPORATION
	 	 	 
	 	 	 
	 	By: 	/s/ Gregory M. Krzemien
	 	 	Name: Gregory M. Krzemien
	 	 	Title: Chief Financial Officer 




 


Acknowledged and agreed as of this 27 day of July, 2016:






FLEXPOINT FUND II, L.P.


 


By: Flexpoint Management II, L.P.

Its: General Partner


 


By: Flexpoint Ultimate Management II, LLC


Its: General Partner




By: /s/ Donald J. Edwards


Name: Donald J. Edwards


Title: Managing Principal 


 




    
1175 Lancaster Avenue, Suite 200, Berwyn, PA 19312 | 484-324-7980 | www.JetPayCorp.com
Document Headings

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                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Delegation of Authority No. 284] 

                    By virtue of the authority vested in me as Secretary of State, including the authority of section 1 of the State                           ( print page 53410)                        Department Basic Authorities Act, as amended (22 U.S.C. 2651a), I hereby delegate to the Under Secretary for Political Affairs, to the extent authorized by law, all authorities and functions vested in the Secretary of State or the head of agency by any act, order, determination, delegation of authority, regulation, or executive order, now or hereafter issued. This delegation includes all authorities and functions that have been or may be delegated or redelegated to other Department officials but does not repeal delegations to such officials.                 

This delegation shall apply when both the Secretary of State and the Deputy Secretary of State are absent or otherwise unavailable or when either the Secretary or the Deputy requests that the Under Secretary exercise such authorities and functions. 

Notwithstanding this delegation of authority, the Secretary of State and the Deputy Secretary of State may exercise any function or authority delegated by this delegation. 

                    This memorandum shall be published in the                     **Federal Register**                    .                 

Dated: August 26, 2005. 

Condoleezza Rice, 

Secretary of State, Department of State. 

[FR Doc. 05-17808 Filed 9-7-05; 8:45 am] 

BILLING CODE 4710-11-P