alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### William T. OWENS, Appellant, v. B. F. OAKES, Appellee.

No. 76-1646.

United States Court of Appeals, Fourth Circuit.

Argued Nov. 10, 1977.

Decided Jan. 10, 1978.

*356John E. Gehring, Walnut Cove, N. C., for appellant.

Jacob L. Safron, Sp. Deputy Atty. Gen. (Rufus L. Edmisten, Atty. Gen. of N. C., Raleigh, N. C., on brief), for appellee.

Before RUSSELL, Circuit Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.

PER CURIAM:

A state prisoner appeals from the dismissal of his § 1983 action to recover damages on account of an assault and threats made against him by two guards at the prison where he was incarcerated, and by reason of the loss of certain prison privileges and good conduct time imposed as a result of prison disciplinary proceedings connected with the assault. In his prayer, he sought actual and pecuniary damages in the sum of $5,600,000, and injunctive relief vacating his “sentence” and requiring the issuance of warrants charging conspiracy against the defendant Oakes and Sergeant Carter and Guard Totten. The District Court dismissed the action without requiring a response from the defendant.

We affirm.

It is obvious on the face of the complaint that no action for assault or threats exists against the defendant Oakes, who neither participated nor acquiesced in such assault or threats under the plaintiff’s allegations. *Rizzo v. Goode*(1976) 423 U.S. 362, 96 S.Ct. 598, 46 L.Ed.2d 561. The two officers who the plaintiff alleges assaulted and threatened him were Sergeant Carter and Guard Totten. Neither is a defendant. So far as the loss of prison privileges and good conduct time are concerned, they were well within accepted limits of punishment which might be imposed after a prison disciplinary hearing under North Carolina procedure and the plaintiff makes no claim of any defect in the disciplinary proceedings themselves. Under those circumstances, the sentences imposed did not constitute a violation of constitutional rights. The demand for vacation of sentence is improper in a 1983 action. Moreover, even if we were to treat this as a *habeas*action, there is no allegation of any fact which would warrant the vacation of plaintiff’s sentence or of any punishment imposed as a consequence of the prison disciplinary hearing. Finally, the court was without authority to direct the issuance of arrest warrants as demanded. Hence, the District Court properly dismissed the action as without merit on its face.

AFFIRMED.
1525.

#### Bailey *v.*The State.

Accusation of larceny from bouse, from city court of Newton— Judge Johnson. November 3, 1908.

Submitted January 14,

Decided January 27, 1909.

*W. I.*Geer, for plaintiff in error.

*Benton*Odom, *solicitor,*contra.

Hill, C. J.

1. The defendant was on trial for the offense of larceny from the- house, the designated house being the smoke-house of the prosecutor, and the specific property alleged to have been taken therefrom being two hams,-two hog shoulders, and three quarts of syrup. An accomplice, as a witness for the State, testified that certain other property, not alleged in the indictment, was, on the same .occasion, taken by. the defendant and himself from another place. The court, on objection made by the defendant, excluded this testimony, and, in doing so, admonished the witness to “just state what happened out in the smoke-house.” *Held,*that such ■ admonition is not subject to the criticism that.it was an expression or intimation by the court on the facts.

2. No other error of law is complained of, and the verdict is supported by the evidence. *Judgment affirmed.*
STATE of North Carolina v. Marcus Reymond ROBINSON

No. 411A94-6

Supreme Court of North Carolina.

March 1, 2018

Robert T. Thompson, Assistant District Attorney, G. Robert Hicks, III, Assistant District Attorney, William P. Hart, Sr., Senior Deputy Attorney General, Danielle Marquis Elder, Special Deputy Attorney General, Robert C. Montgomery, Special Deputy Attorney General, Jonathan Babb, Special Deputy Attorney General, William R. West, District Attorney, for State of NC.

Malcolm Ray Hunter, Jr., Attorney at Law, Jay H. Ferguson, Attorney at Law, Durham, James E. Ferguson, II, Attorney at Law, Charlotte, Cassandra Stubbs, Attorney at Law, D. Clark Smith, Jr., Attorney at Law, Donald H. Beskind, Attorney at Law, Raleigh, Kenneth J. Rose, Attorney at Law, Durham, David Weiss, Attorney at Law, for Robinson, Marcus Reymond.

Jonathan P. Babb, Special Counsel to Attorney General.

Edward Joseph Blocher, Jr., Attorney at Law, for Social Scientists.

Cynthia F. Adcock, Attorney at Law, for Murder Victims' Families for Reconciliation of NC.

Janet Moore, Attorney at Law, for N.C. Citizens Excluded from Jury Service Based on Race.

Burton Craige, Attorney at Law, Raleigh, Narendra K. Ghosh, Attorney at Law, Chapel Hill, James E. Williams, Jr., Attorney at Law, Carrboro, for N.C. Advocates for Justice.

Jeffrey Gerrish, Attorney at Law, James P. Cooney, III, Attorney at Law, Charlotte, Gregory B. Craig, Attorney at Law, Alex T. Haskell, Attorney at Law, for Former Senior U.S. Military Officials.

John R. Mills, Attorney at Law, for Experts in Law and Implicit Bias.

James E. Coleman, Jr., Attorney at Law, for Becton, Charles, et al.

Robert P. Mosteller, Attorney at Law, for Retired Members of the NC Judiciary.

***ORDER***

Upon consideration of the petition filed by Defendant on the 30th of May 2017 in this matter for a writ of certiorari to review the order of the Superior Court, Cumberland County, the following order was entered and is hereby certified to the Superior Court of that County:

"Allowed by order of the Court in conference, this the 1st of March 2018."

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).
EXHIBIT 32.1







CERTIFICATE OF CHIEF EXECUTIVE OFFICER PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2003 (18 U.S.C. 1350)



Solely for the  purposes  of  complying  with 18 U.S.C.  ss.  1350,  I, the

undersigned  Chief  Executive  Officer of Sew Cal Logo,  Inc.  (the  "Company"),

hereby certify, based on my knowledge,  that the Quarterly Report on Form 10-QSB

of the Company for the quarter ended May 31, 2005 (the "Report"):



1. Fully complies with the  requirements of Section 13(a) of the Securities

Exchange Act of 1934: and



2.  That  information  contained  in the  Report  fairly  presents,  in all

material  respects,  the  financial  condition  and results of operations of the

Company.





/s/ Richard Songer

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

Richard Songer

Chief Executive Officer

July 15, 2005
# Official Journal L 3/2013

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2013.003.eng |
| --- | --- |
| Official Journal
  of the European Union | L 3 |
| | |
| English edition | Legislation | Volume 568 January 2013 |

ISSN 1977-0677

doi:10.3000/19770677.L_2013.003.eng

Official Journal

of the European Union

L 3

English edition

Legislation

Volume 568 January 2013

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | | 2013/2/EU |
| | * | Council Decision of 17 December 2012 on the signing, on behalf of the European Union, of the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas | 1 |
| | | REGULATIONS |
| | | Commission Implementing Regulation (EU) No 5/2013 of 7 January 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables | 3 |
| | | DECISIONS |
| | | 2013/3/EU |
| | * | Council Decision of 20 December 2012 on the launch of automated data exchange with regard to DNA data in Poland | 5 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

2013/2/EU

*

Council Decision of 17 December 2012 on the signing, on behalf of the European Union, of the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas

1

REGULATIONS

Commission Implementing Regulation (EU) No 5/2013 of 7 January 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

3

DECISIONS

2013/3/EU

*

Council Decision of 20 December 2012 on the launch of automated data exchange with regard to DNA data in Poland

5

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
# L_2008342EN.01S00301.xml

| 19.12.2008 | EN | Official Journal of the European Union | L 342/s3 |
| --- | --- | --- | --- |

19.12.2008

EN

Official Journal of the European Union

L 342/s3

---

NOTE TO THE READER

The institutions have decided to no longer quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

---
I 

113TH CONGRESS 

2D SESSION H. R. 4423 

To provide for no net increase in the total acreage of certain Federal land 

under the jurisdiction of the Bureau of Land Management, the National 

Park Service, the United States Fish and Wildlife Service, or the Forest 

Service, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2014 

Mr. GRIFFITH of Virginia introduced the following bill; which was referred to 

the Committee on Natural Resources, and in addition to the Committee 

on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for no net increase in the total acreage of certain 

Federal land under the jurisdiction of the Bureau of 

Land Management, the National Park Service, the 

United States Fish and Wildlife Service, or the Forest 

Service, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Acre in, Acre Out 

5 Act’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 4423 IH

1 SEC. 2. NO NET INCREASE IN CERTAIN FEDERAL LANDS. 

2 (a) IN GENERAL.—For acquisition of land by the 

3 Secretary of the Interior or the Secretary of Agriculture 

4 that would result in a net increase of total land acreage 

5 under the jurisdiction of the National Park Service, the 

6 United States Fish and Wildlife Service, the Bureau of 

7 Land Management, or the Forest Service, the Secretary 

8 concerned shall offer for sale an equal number of acres 

9 of Federal land that is under the same jurisdictional sta10 tus. 

11 (b) EXEMPTIONS.—Subsection (a) shall not apply to 

12 easements acquired— 

13 (1) by the Secretary of the Interior to facilitate 

14 management of Federal lands; or 

15 (2) by the Secretary of Agriculture to facilitate 

16 management of Federal lands. 

17 (c) CONSIDERATION.— 

18 (1) IN GENERAL.—Land sold pursuant to sub19 section (a) shall be offered for sale— 

20 (A) at fair market value (based on local 

21 comparable sales); and 

22 (B) at a price that is reduced by 10 per23 cent each month if the land is not sold or under 

24 contract to be sold by the date that is 6 months 

25 after the land was first offered for sale. 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•HR 4423 IH

1 (2) EXCEPTION.—Time periods during which 

2 land is under contract for sale or withdrawn from 

3 the market shall not be counted for the purposes of 

4 price reduction under paragraph (1)(B). 

5 (d) EXISTING RIGHTS.—The sale of Federal lands 

6 pursuant to this section shall be subject to valid existing 

7 rights. 

8 (e) PROCEEDS OF SALE OF LANDS.—All net proceeds 

9 from the sale of Federal lands pursuant to this section 

10 shall be deposited directly into the Treasury for reduction 

11 of the public debt. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-1015

LISA MARIE KERR, 

Plaintiff - Appellant, 

v. 

SANDRA BAILEY; TERESA EAGLE; DAVID PITTENGER; JOHN ANDREW 

HESS; ANDREW PATRICK BALLARD, individual in personal capacity; 

JEROME GILBERT, an individual in personal and official capacity; MARSHALL 

UNIVERSITY BOARD OF GOVERNORS, an entity in personal and official 

capacity, 

Defendants - Appellees. 

Appeal from the United States District Court for the Southern District of West Virginia, at 

Huntington. Robert C. Chambers, District Judge. (3:19-cv-00443) 

Submitted: October 27, 2020 Decided: November 6, 2020

Before MOTZ and QUATTLEBAUM, Circuit Judges, and SHEDD, Senior Circuit Judge. 

Affirmed by unpublished per curiam opinion. 

Lisa Marie Kerr, KERR LAW PLLC, Charleston, West Virginia, for Appellant. Ancil G. 

Ramey, Anders W. Lindberg, Andrew P. Smith, STEPTOE & JOHNSON PLLC, 

Huntington, West Virginia, for Appellees. 

Unpublished opinions are not binding precedent in this circuit. 
2

PER CURIAM: 

Lisa Marie Kerr appeals the district court’s order granting Defendants’ Fed. R. Civ. 

P. 12(b)(6) motion and dismissing her civil action filed in June 2019 and its order denying 

her motion under Fed. R. Civ. P. 60(d)(1), (3) for reconsideration and to reopen the 

judgment in her 2014 civil action for fraud on the court or, alternatively, an evidentiary 

hearing. We have reviewed the record and the parties’ briefs and find no reversible error

by the district court. Kerr’s 2019 civil action was untimely filed,

* and we reject as without 

merit her arguments that her claims are timely under West Virginia’s continuing tort 

doctrine and that the action was an action for fraud on the court not time-barred by any 

statute or rule. The district court also did not reversibly err in denying Kerr’s Fed. R. Civ. 

P. 60(d) motion, which did not establish actionable fraud on the court. See Fox ex rel. 

Fox v. Elk Run Coal Co., 739 F.3d 131, 135-37 (4th Cir. 2014). We therefore affirm the 

district court’s orders on these bases. Kerr v. Bailey, No. 3:19-cv-00443 (S.D.W. Va. Dec. 

4 & 16, 2019). 

We deny Kerr’s motion to disqualify law firm Steptoe & Johnson, PLLC from 

representing Gene Kuhn and Judith Southard and dispense with oral argument because the 

* See Owens v. Baltimore City State’s Att’ys Office, 767 F.3d 379, 388-89 (4th Cir. 

2014); Stanley v. Trs. of Cal. State Univ., 433 F.3d 1129, 1134 (9th Cir. 2006); 

McCausland v. Mason Cnty. Bd. of Educ., 649 F.2d 278, 279 (4th Cir. 1981); W. Va. Code 

§ 55-2-12; State ex rel. Gallagher Bassett Servs., Inc. v. Webster, 829 S.E.2d 290, 298, 300 

(W. Va. 2019); Herbert J. Thomas Mem’l Hosp. Ass’n v. Nutter, 795 S.E.2d 530, 545-45 

& nn.32-33 (W. Va. 2016); Prieser v. MacQueen, 352 S.E.2d 22, 29 (W. Va. 1985). 
3

facts and legal contentions are adequately presented in the materials before this court and 

argument would not aid the decisional process. 

AFFIRMED
I 

113TH CONGRESS 

2D SESSION H. R. 4380 

To prohibit gun confiscation and registration. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2014 

Mr. STOCKMAN introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To prohibit gun confiscation and registration. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gun Confiscation and 

5 Registration Prevention Act’’. 

6 SEC. 2. PROHIBITING GUN CONFISCATION AND REGISTRA7 TION. 

8 None of the funds made available through the NICS 

9 Improvement Amendments Act of 2007 or the Community 

10 Oriented Policing Services [COPS] Program shall be pro11 vided to any jurisdiction which: 

12 (a) maintains a registry of gun ownership; or 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 4380 IH

1 (b) conducts a program of gun confiscation directed 

2 at any firearm which is not prohibited by Federal law or 

3 any group of persons who are not prohibited from pos4 sessing a firearm under Federal law. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS
EXHIBIT 31.1 CERTIFICATION



I, BRIAN CHESTON, certify that:



1.

I have reviewed this quarterly report on Form 10-QSB of Rapa Mining Inc.;



2.

Based on my knowledge, this quarterly 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 quarterly report;



3.

Based on my knowledge, the financial statements, and other financial information included in this quarterly 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 quarterly report.



4.

I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for Rapa Mining Inc. and have:



(i)

Designed such disclosure controls and procedures to ensure that material information relating to Rapa Mining Inc. is made known to me by others within the Company, particularly during the period in which the periodic reports are being prepared;



(ii)

Evaluated the effectiveness of Rapa Mining Inc.s disclosure controls and procedures as of a date within 90 days prior to the filing date of this report (Evaluation Date); and



(iii)

Presented in the report their conclusions about the effectiveness of the disclosure controls and procedures based on their evaluation as of the Evaluation Date;



5.

I have disclosed, based upon their most recent evaluation, to Rapa Mining Inc.s auditors and the audit committee of the Companys Board of Directors:



(i)

All significant deficiencies in the design or operation of internal controls which could adversely affect Rapa Mining Inc.s ability to record, process, summarize and report financial data and have identified for Rapa Mining Inc.s auditors any material weaknesses in internal control, and



(ii)

Any fraud, whether or not material, that involves management or other employees who have a significant role in Rapa Mining Inc.s internal controls, and



6.

I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of their most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.





By /S/ Brian Cheston

Brian Cheston, President, Chief Executive Officer,

Secretary, Treasurer, and Director



Date:  September 14, 2004
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________ No. 1D 19

- 1107

_____________________________ C LARENCE P ERKINS J R

. , Petitioner ,

v.
S TATE OF F LORIDA , Respondent

.

_____________________________

Petition for Writ of Mandamus

— Original Jurisdiction

.

June 28, 2019

P ER C URIAM

. The petition for writ of mandamus is denied. See Munn v. Fla. Parole Comm’n , 807 So. 2d 733 (Fla. 1st DCA 2002).
R AY , B ILBREY , and J AY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Clarence Perkins Jr. , pro se, Petitioner

. Ashley Moody, Attorney General, and Trisha Meggs Pate, Bureau Chief, Tallahassee , for Respondent

.
Terry LYTLE, Plaintiff v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, Defendant.

No. COA15-1117.

Court of Appeals of North Carolina.

July 19, 2016.

**Case Reported Without Published Opinion**

Affirmed.
# Official Journal L 310/2020

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 310 |
| | |
| English edition | Legislation | Volume 6324 September 2020 |

ISSN 1977-0677

Official Journal

of the European Union

L 310

English edition

Legislation

Volume 6324 September 2020

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2020/1321 of 17 September 2020 entering a name in the register of protected designations of origin and protected geographical indications (‘Aydın Kestanesi’ (PDO)) | 1 |
| | * | Commission Regulation (EU) 2020/1322 of 23 September 2020 amending Regulation (EC) No 1881/2006 as regards maximum levels of 3‐monochloropropanediol (3-MCPD), 3-MCPD fatty acid esters and glycidyl fatty acid esters in certain foods (
  1
  ) | 2 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2020/1321 of 17 September 2020 entering a name in the register of protected designations of origin and protected geographical indications (‘Aydın Kestanesi’ (PDO))

1

*

Commission Regulation (EU) 2020/1322 of 23 September 2020 amending Regulation (EC) No 1881/2006 as regards maximum levels of 3‐monochloropropanediol (3-MCPD), 3-MCPD fatty acid esters and glycidyl fatty acid esters in certain foods (
  1
  )

1

2

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
STATE v. John Owen JACOBS

126PA17-1

Supreme Court of North Carolina.

September 1, 2017

Paul F. Herzog, Attorney at Law, Fayetteville, for Jacobs, John Owen.

Elizabeth J. Weese, Assistant Attorney General, Jon David, District Attorney, for State of North Carolina.

Anne Bleyman, Christopher Heaney, Attorneys at Law, for N.C. Advocates for Justice.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 29th of August 2017 by State of NC:

"Motion Allowed by order of the Court in conference, this the 1st of September 2017."