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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-6276

JAY TIMOTHY LURZ,

Plaintiff – Appellant,

v.

JON P. GALLEY, Warden; ROBERT M. FRIEND, Lieutenant; AL 

DAVIS, Hearing Officer; T. PERRY, Now: Lieutenant Thomas K. 

Perry; STEVEN A. WILSON, Ofc., CO II; GARY A. ROBERTSON, 

Ofc., CO II; PUFFENBARGER, Ofc., CO II,

Defendants – Appellees.

Appeal from the United States District Court for the District of 

Maryland, at Baltimore. Peter J. Messitte, Senior District 

Judge. (1:09-cv-02664-PJM)

Submitted: June 9, 2011 Decided: June 22, 2011 

Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jay Timothy Lurz, Appellant Pro Se. Stephanie Judith Lane 

Weber, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, 

Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Jay Timothy Lurz appeals the district court’s order 

denying relief on his 42 U.S.C. § 1983 (2006) complaint. We 

have reviewed the record and find no reversible error. 

Accordingly, we affirm for the reasons stated by the district 

court. See Lurz v. Galley, No. 1:09-cv-02664-PJM (D. Md. Feb. 

10, 2011). 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
SWAN BEACH COROLLA, L.L.C.; Ocean Associates, LP; Little Neck Towers, L.L.C. ; Gerald Friedman; Nancy Friedman ; Charles S. Friedman; 'Til Morning, LLC ; and Second Star, LLC v. COUNTY OF CURRITUCK; The Currituck County Board of Commissioners; and John D. Rorer, Marion Gilbert, O. Vance Aydlett, Jr., H.M. Petrey, J. Owen Etheridge, Paul Martin, and S. Paul O'Neal as members of the Currituck County Board of Commissioners

No. 397A17

Supreme Court of North Carolina.

Filed May 11, 2018

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., by J. Mitchell Armbruster and Lacy H. Reaves, Raleigh, for plaintiff-appellants.

Brough Law Firm, PLLC, by G. Nicholas Herman ; and Donald I. McRee, Jr., Currituck County Attorney, for defendant-appellees.

Conner Gwyn Schenck PLLC, by James S. Schenck, IV, Raleigh; and Amy Bason, General Counsel, for North Carolina Association of County Commissioners, amicus curiae.

Simonsen Law Firm, P.C., by Lars P. Simonsen, Edenton, and Micah R. Simonsen, for Northern Currituck Outer Banks Association, and Roger W. Knight, P.A., by Roger W. Knight, for Fruitville Beach Civic Association, amici curiae.

PER CURIAM.

*218AFFIRMED.
#### STATE OF NORTH CAROLINA v. HAROLD JUNIOR NUNN — and — STATE OF NORTH CAROLINA v. JERRY BUMPASS

No. 7514SC64

(Filed 2 April 1975)

Appeal by defendants from *Braswell, Judge.*Judgments entered 24 October 1974 in Superior Court, Durham County. Heard in the Court of Appeals 21 March 1975.

*Attorney General Edmisten by Assistant Attorney General Myron C. Banks for the State.*

*Robert F. Baker for defendant appellant Nunn.*

*Edward G. Johnson for defendant appellant Bumpass.*

BRITT, HEDRICK, and MARTIN, Judges.

No error.
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 of Fox Entertainment Group, Inc. (the Company) on Form 10-K/A for the year ended June 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, David F. DeVoe, Senior Executive Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §
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 results of operations of the Company.



|                                                                                        
|----------------------------------------------------------------------------------------
|/s/ David F. DeVoe                                                                      
|David F. DeVoe Senior Executive Vice President and Chief Financial Officer March 4, 2005
Exhibit 23

                          Independent Auditors' Consent



The Board of Directors
Regency Realty Corporation:

We consent to  incorporation  by reference in the  registration  statements (No.
333-72899) on Form S-3 and (No. 333-63723) on Form S-4 of Regency Centers, L.P.,
of our report dated  February 28,  1999,  relating to the balance  sheets of RRC
Acquisitions,  Inc. as of December 31, 1998 and 1997, and the related statements
of operations,  stockholder's  equity,  and cash flows for the years then ended,
which report appears in the December 31, 1998, annual report on Form 10-K of RRC
Acquisitions, Inc.




                                                 KPMG LLP



Jacksonville, Florida
March 12, 1999
In the MATTER OF: A.K.J.

No. COA18-510

Court of Appeals of North Carolina.

Filed: December 18, 2018

REVERSED.
#### Stephen BROWN et al. v. PROVIDENCE POLICE DEPARTMENT et al.

No. 2002-133-Appeal.

Supreme Court of Rhode Island.

March 21, 2003.

Kevin McHugh, Providence/Lincoln Lennon.

Staci L. Kolb.

ORDER

The plaintiffs, the Rhode Island affiliate of the American Civil Liberties Union and its Executive Director, Steven Brown, and Program Development Coordinator, Amy E. Moses (collectively, ACLU or plaintiffs), appeal the denial in part of their motion for summary judgment. This case came before the Court on March 5, 2003, pursuant to an order that the parties show cause why the issues raised should not be summarily decided. Upon hearing the arguments of counsel and examining the memo-randa filed by the parties and the record of the proceedings below, we conclude that cause has not been shown, and that the case should be decided at this time. We dismiss the appeal, since the denial of a motion for summary judgment is not an appealable order. Such a denial is interlocutory in nature. *McKinnon v. Rhode Island Hospital Trust National Bank,*713 A.2d 245, 247 (R.I.1998). Consequently, the denial may be reviewed only upon petition for a writ of certiorari. *Id.*

The plaintiffs had sought records from the City of Providence (the city) and the Providence Police Department (the department) pertaining to their policies with regard to the use of mounted surveillance cameras. The defendants, Colonel Urbano Prignano, Jr., in his capacity as the department’s Chief of Police, and Stephen Napolitano, in his capacity as city Treasurer, denied the ACLU’s request. The plaintiffs subsequently filed suit, claiming that defendants had wrongfully denied them access to documents recording the policies in violation of the Access to Public Records Act, G.L. 1956 chapter 2 of title 38 (the act). Both parties moved for summary judgment. At a hearing on the motions, the Superior Court justice denied defendants’ motion, and granted plaintiffs’ motion in part. The motion justice denied plaintiffs’ motion for summary judgment with regard to their claim that the act required the imposition of a civil fíne and the award of attorney’s fees. The plaintiffs appealed this denial.

This Court has consistently declined to review an order denying a motion for summary judgment because such determinations are merely interlocutory. *McKinnon v. Rhode Island Hospital Trust National Bank, supra.*An interlocutory order is not appealable. *Id.*

Accordingly, we dismiss the appeal, and remand the case to the Superior Court for further proceedings consistent with this order.
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-7499

ELLIS ERIC EVANS, 

 Petitioner - Appellant, 

 v. 

M.L. RIVERA, 

 Respondent - Appellee. 

Appeal from the United States District Court for the District of 

South Carolina, at Rock Hill. Joseph F. Anderson, Jr., District 

Judge. (0:09-cv-01153-JFA) 

Submitted: November 19, 2009 Decided: December 3, 2009 

Before MOTZ, GREGORY, and SHEDD, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

Ellis Eric Evans, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Ellis Eric Evans, a federal prisoner, appeals the 

district court’s order denying relief on his 28 U.S.C. § 2241 

(2006) petition. We have reviewed the record and find no 

reversible error. Accordingly, although we grant leave to 

proceed in forma pauperis, we affirm for the reasons stated by 

the district court. See Evans v. Rivera, No. 0:09-cv-01153-JFA 

(D.S.C. July 23, 2009). 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
#### Shawn E. WILLIAMS, Appellant, v. STATE of Florida, Appellee.

No. 2D02-1300.

District Court of Appeal of Florida, Second District.

July 23, 2003.

James Marion Moorman, Public Defender, and A. Anne Owens, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appel-lee.

KELLY, Judge.

Shawn Williams appeals from an order imposing restitution. Because the State improperly relied on hearsay evidence to prove the amount of restitution, we reverse and remand for a new restitution hearing.

At the restitution hearing, the victim testified that before his 1989 Ford Mustang GT was stolen it was painted red and was in good condition. When the car was returned to him, it was painted primer gray, the transmission was “messed up,” and the molding was missing from around the windshield and doors. Over Williams’ objection, the prosecutor gave the court an estimate for $1033.38 from “JR’s Four by Four” to fix the transmission and an estimate of $2370.40 from “Hot Wheels Paint and Body Shop” for painting the car, replacing the molding, and fixing a few dents in the door. The trial court’s restitution award was based on these two estimates, which were purely hearsay.

*628Hearsay evidence may be used to determine the amount of restitution if there is no objection to the evidence. However, as Williams argues and the State concedes, Williams made a proper objection to the evidence which should have been sustained. *See Moore v. State,*694 So.2d 836 (Fla. 2d DCA 1997); *Thomas v. State,*581 So.2d 992 (Fla. 2d DCA 1991). Therefore, this court must reverse and remand for a new restitution hearing. *See Sherwood v. State,*832 So.2d 926 (Fla. 2d DCA 2002) (reversing for a new restitution hearing where award was based on improper hearsay evidence concerning the cost of repairs to an automobile).

Upon remand, the State has the burden of proving the amount of loss by a preponderance of the evidence. *Moore,*694 So.2d at 837. The State can meet its burden “by presenting testimony of a witness with knowledge of the amount of damage and repairs, or by presenting uncontested documentary evidence.” *C.S. v. State,*617 So.2d 863, 864 (Fla. 1st DCA 1993).

Reversed and remanded.

FULMER and DAVIS, JJ., Concur.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4845 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4845

   To amend title 38, United States Code, to direct the Secretary of 
   Veterans Affairs to provide housing loan benefits for children of 
members of the Armed Forces and veterans who die from service-connected 
                             disabilities.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2010

 Mr. Crowley introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
   To amend title 38, United States Code, to direct the Secretary of 
   Veterans Affairs to provide housing loan benefits for children of 
members of the Armed Forces and veterans who die from service-connected 
                             disabilities.

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

SECTION 1. HOUSING LOAN BENEFITS FOR CHILDREN OF PERSONS WHO DIE FROM 
              SERVICE-CONNECTED DISABILITIES.

    Section 3701(b) of title 38, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(6) The term `veteran' also includes the child of a 
        person who died from a service-connected disability.''.
                                 <all>
```
Exhibit 32.1





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 Now Auto Group, Inc. (the “Company”) on Form 10-Q for the quarter ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, Scott Miller, Chief Executive Officer and Faith Forbis, Financial Officer of the Company, certify in my capacities as officer of the Company, 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 our knowledge:





(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and





(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates and for the periods expressed in the Report.




/s/ Scott MillerScott MillerChief Executive Officer



May 16, 2011
  /s/ Faith ForbisFaith ForbisChief Financial Officer





May 16, 2011
Table of Contents

Exhibit32.2

CERTIFICATION PURSUANT TO18 U.S.C. SECTION1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEYACT OF 2002

In connection with the Quarterly Report onForm 10-Q of MortgageIT Holdings, Inc. (the‘‘Company’’) for the quarterly period endedJune  30,  2006 as filed with the Securities and ExchangeCommission on the date hereof (the‘‘Report’’), Glenn J. Mouridy, as Presidentand Chief Financial Officer of the Company, hereby certifies, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to the best of hisknowledge:

(1) The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

(2) The information contained in the Reportfairly presents, in all material respects, the financial condition andresults of operations of theCompany.

|        |
|--------|
|        |  |  |  |
| By:    |  |  | /s/GLENN J. MOURIDY |
|   |  |  | Glenn J. MouridyPresident and Chief Financial OfficerAugust 8,2006 |
|        |

This certification accompanies theReport pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 andshall not, except to the extent required by the Sarbanes-Oxley Act of2002, be deemed filed by the Company for purposes of Section 18 of theSecurities Exchange Act of 1934, as amended.

A signedoriginal of this written statement required by Section 906 of theSarbanes-Oxley Act of 2002 has been provided to the Company and will beretained by the Company and furnished to the Securities and ExchangeCommission or its staff uponrequest.

----
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6974

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SALVATORE GRILLO, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CR-93-33-BO, CA-97-90-5-BO) Submitted: August 25, 1998 Decided: September 17, 1998 Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Clifford James Barnard, Boulder, Colorado, for Appellant. Anne Margaret Hayes, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Salvatore Grillo seeks to appeal the district court’s orders denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998), and denying his motion for reconsideration. We have reviewed the record and the district court’s opinions and find noreversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See United States v. Grillo , Nos. CR-93-33-BO; CA-97-90-5-BO (E.D.N.C. May 7 & June 24, 1997). To the extent Grillo challenges the district court’s jurisdiction to accept his guilty plea orenter judgment against him, we find that the indictment was sufficient to notify Grillo of the elements of the 18 U.S.C. § 924(c) (1994) offense. See Muscarello v. United States , ___ U.S. ___, 66 U.S.L.W. 4459, 4463 (U.S. June 8, 1998) (Nos. 96-1654, 96-8837); United States v. Williams , ___ F.3d ___, 1998 WL 429863 at *3-4 (4th Cir. July 30, 1998) (No. 96-4162). Grillo’s claim that the indictment was erroneously amended and his ineffective assistance of counsel claims are barred from review because Grillo failed to raise them before the district court in his § 2255 motion. See Spencer v. Murray , 5 F.3d 758, 761-62 (4th Cir. 1993). Finally, wefind that Grillo’s guilty plea to the § 924(c) offense had a factual basis consistent with Bailey v. United States , 516 U.S. 137, 148-50 (1995). See Muscarello , 66 U.S.L.W. at 4463; United States v. Mitchell , 104 F.3d 649, 654 (4th Cir. 1997). We dispense with3oral 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
The KIMBERLEY RICE KAESTNER 1992 FAMILY TRUST v. N.C. DEPARTMENT OF REVENUE

307PA15-2

Supreme Court of North Carolina.

June 21, 2017

Peggy S. Vincent, Assistant Attorney General, Tenisha S. Jacobs, Assistant Attorney General, Matthew Sawchak, Solicitor General, James W. Doggett, Deputy Solicitor General, for North Carolina Department of Revenue.

*420Thomas D. Myrick, Attorney at Law, Neil T. Bloomfield, Attorney at Law, Kara N. Bitar, Attorney at Law, Jonathan M. Watkins, Attorney at Law, Charlotte, Robert F. Orr, Attorney at Law, Asheville, for The Kimberley Rice Kaestner 1992 Family Trust.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 19th of June 2017 by Defendant:

"Motion Allowed by order of the Court in conference, this the 21st of June 2017."

Defendant shall have up to and including the 13th day of July 2017 to file and serve his/her brief with this Court.
**Exhibit 32.**1
CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
In connection with the Quarterly Report of Trim Holding Group (the “Company”) on Form 10-Q for the quarterly period ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”),I, Louis Bertoli, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to 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 results of operations of the Company as of the date and for the periods expressed in the Report. 
/s/ Louis Bertoli Louis Bertoli President and CEO 
August 3, 2010 
The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document.****
Exhibit 32.1  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 StrikeForce Technologies, Inc. (the "Company") on Form 10-Q for the quarter ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Mark L. Kay, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2001, that:  The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.   Dated: August 23, 2010   /s/ Mark L. Kay Mark L. Kay Chief Executive Officer
Exhibit
32.2

CERTIFICATION PURSUANT TO THE SARBANES-OXLEY
ACT18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-0XLEY ACT OF 2002

I, Jesus
Oliveras, Chief Financial Officer of U.S. Precious Metals, Inc. (the Company),
do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:

1.          This
Quarterly Report on 10-Q/A of the Company for the period ended August 31, 2008
as filed with the Securities and Exchange Commission (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: May
 14, 2009            | 
|                               | 
|/s/ Jesus
 Oliveras            | 
|                               | 
|Jesus
 Oliveras                | 
|Chief
 Financial Officer       | 
|(Principal
 Financial Officer) | 

---