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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-8082

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

OTONIEL ALVAREZ MERCADO, a/k/a Otoniel

Alvarez,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of North Carolina, at Statesville. Richard L. Voorhees,

District Judge. (CR-97-297-V)

Submitted: June 11, 2002 Decided: June 21, 2002

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

Circuit Judge.

Affirmed as modified by unpublished per curiam opinion.

Otoniel Alvarez Mercado, Appellant Pro Se. Robert James Conrad,

Jr., United States Attorney, Charlotte, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

In February 1999, while already serving a related state

sentence, Otoniel Alvarez Mercado was sentenced in federal court to

eighty-four months imprisonment after he pled guilty to conspiracy

to possess with intent to distribute and to distribute cocaine and

marijuana. On September 21, 2001, Mercado filed a “Nunc Pro Tunc”

motion seeking jail credit on his federal sentence for the time

spent in state custody on the related conviction. The district

court denied the motion on the merits, and Mercado appealed.

We view Mercado’s motion as a request for habeas relief under

28 U.S.C. § 2241 (1994) filed in the wrong district court (Mercado

is incarcerated in Jesup, Georgia) and without exhausting the

Bureau of Prisons’ administrative remedies. We therefore affirm the

district court’s dismissal of Mercado’s motion, but we modify the

district court’s order to reflect a dismissal without prejudice for

failure to exhaust administrative remedies, rather than a dismissal

based on the merits. We expressly decline to address the merit or

lack thereof of Mercado’s motion, so that Mercado remains free to

file a § 2241 petition in the proper court after exhausting his

administrative remedies.

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 AS MODIFIED
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

RED MOUNTAIN BANK, N.A.,

Plaintiff,

vs. CASE NO. 5:10-cv-104/RS-EMT

TOP SHELD STORAGE II, LLC, 

and LEE A. SAGE, 

Defendants.

_________________________________________/

ORDER 

The bankruptcy case having been dismissed (Doc. 42, attach. 1), the stay is now 

lifted. 

ORDERED on November 18, 2010

/S/ Richard Smoak

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

February 28, 2014

s0224 

# Order

Clerk February 28, 2014

147892

PEOPLE OF THE STATE OF MICHIG AN,

Plaintiff

- Appellee,

v SC: 147892

COA: 309677

Macomb CC: 2011

- 002252

- FH

LASHANDA CHANTILL KELLEY,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the August 27, 2013

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

persuaded that the questions presented should be reviewed by this Court.
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

,

Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

August 1 7 , 2020 

# Order

Clerk August 1 7 , 2020

1 6 1 597

EARL L

. SULL IVAN

,

Plaintiff

- Appell ant

, SC: 161 597

v COA: 352985

MICHIGAN REFORMATORY WARDEN

,

Defendant

- Appell ee

.

_______ ______________________________ _ /

On order of the Chief Justice, because plaintiff

- appellant failed to timely file a

motion to temporarily waive fees and a certificate of prisoner account activity , the Clerk

of the Court is hereby directed to administratively dismiss the application and close the

file

.
ACCEPTED 12-14-00295-CR TWELFTH COURT OF APPEALS

TYLER, TEXAS 8/3/2015 4:54:04 PM CATHY LUSK CLERK
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

DANIEL HENDRICKS WARNER,

Plaintiff,

v. CASE NO. 1:10-cv-00059-MP -GRJ

PATRICIA F BRANCH, et al,

Defendants.

_____________________________/

REPORT AND RECOMMENDATION

Plaintiff brings this cause of action pursuant to 42 U.S.C. §1983 seeking

damages for the emotional trauma of being held in close confinement on a disciplinary

charge. (Doc. 1). Plaintiff was directed to file an amended complaint and was advised 

of certain deficiencies in his pleading by Order dated August 11, 2010. (Doc. 8). An

Order to Show Cause was entered on October 18, 2010, directing Plaintiff to respond

by November 5, 2010, failing which it would be recommended that this matter be

dismissed. (Doc. 11). As of this date, Plaintiff has not filed a response to the show

cause order. 

A trial court has inherent power to dismiss a case sua sponte for failure to

prosecute. Link v. Wabash Railroad, 370 U.S. 626 (1962); Eades v. Alabama Dept. of

Human Resources, 298 Fed. Appx. 862 (11th Cir. 2008) (district court has discretion to

dismiss case sua sponte where plaintiff has failed to comply with court orders and was

on notice that such failure may result in dismissal). Fed. R. Civ. P. 41(b) also

authorizes a district court to dismiss an action for failure to obey a court order. 
Page 2 of 2

Plaintiff has failed to comply with an order of this Court directing that he file an

amended complaint (doc. 8), and he was advised that failure to comply with the Order

may result in a recommendation that his case be dismissed. 

In light of the foregoing, it is respectfully RECOMMENDED: 

That this cause be DISMISSED for failure to prosecute.

At Gainesville, Florida, this 17 day of November 2010.

th

s/Gary R. Jones

GARY R. JONES

United States Magistrate Judge

NOTICE TO THE PARTIES

Pursuant to Fed. R. Civ. P. 72(b)(2), a party may file specific, written objections to

the proposed findings and recommendations within 14 days after being served with a

copy of this report and recommendation. A party may respond to another party’s

objections within 14 days after being served with a copy thereof. Failure to file specific

objections limits the scope of review of proposed factual findings and

recommendations.

Case No: 1:10-cv-00059-MP -GRJ
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 1 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 2 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 3 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 4 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 5 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 6 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 7 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 8 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 9 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 10 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 11 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 12 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 13 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 14 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 15 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 16 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 17 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 18 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 19 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 20 of 21
Case 1:07-cv-03580-DLC Document 30-5 Filed 06/15/2007 Page 21 of 21
# C_2011281EN.01001701.xml

| 24.9.2011 | EN | Official Journal of the European Union | C 281/17 |
| --- | --- | --- | --- |

24.9.2011

EN

Official Journal of the European Union

C 281/17

---

Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2011/273/CFSP, as amended by Council Decision 2011/628/CFSP, and in Council Regulation (EU) No 442/2011, as amended by Council Regulation (EU) No 950/2011 concerning restrictive measures against Syria apply

2011/C 281/06

COUNCIL OF THE EUROPEAN UNION,

The following information is brought to the attention of the persons and entities that appear in the Annex to Council Decision 2011/273/CFSP, as amended by Council Decision 2011/628/CFSP (1), and in Annex II to Council Regulation (EU) No 442/2011, as amended by Council Regulation (EU) No 950/2011 (2) concerning restrictive measures against Syria.

1

2

The Council of the European Union has decided that the persons and entities that appear in the abovementioned Annexes should be included in the list of persons and entities subject to restrictive measures provided for in Council Decision 2011/273/CFSP and in Council Regulation (EU) No 442/2011 concerning restrictive measures against Syria. The grounds for designations of those persons and entities appear in the relevant entries in those Annexes.

The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex III to Council Regulation (EU) No 442/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 6 of the Regulation).

The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned list should be reconsidered, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| DG K Coordination |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

DG K Coordination

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council's Decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 247, 24.9.2011, p. 17.

1

(2)  OJ L 247, 24.9.2011, p. 3.

2

---
[Federal Register Volume 72, Number 208 (Monday, October 29, 2007)]
[Notices]
[Page 61114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5336]


=======================================================================
-----------------------------------------------------------------------

COMMISSION OF FINE ARTS


Notice of Meeting

    The next meeting of the U.S. Commission of Fine Arts is scheduled 
for 15 November 2007, at 10 a.m. in the Commission's offices at the 
National Building Museum, Suite 312, Judiciary Square, 401 F Street, 
NW., Washington, DC 20001-2728. Items of discussion may include 
buildings, parks and memorials.
    Draft agendas and additional information regarding the Commission 
are available on our Web site: http://www.cfa.gov. Inquiries regarding 
the agenda and requests to submit written or oral statements should be 
addressed to Thomas Luebke, Secretary, U.S. Commission of Fine Arts, at 
the above address, or call 202-504-2200. Individuals requiring sign 
language interpretation for the hearing impaired should contact the 
Secretary at least 10 days before the meeting date.

    Dated in Washington, DC, October 25, 2007.
Thomas Luebke,
AIA, Secretary.
[FR Doc. 07-5336 Filed 10-26-07; 8:45 am]
BILLING CODE 6330-01-M
# C_2011127EN.01000901.xml

| 29.4.2011 | EN | Official Journal of the European Union | C 127/9 |
| --- | --- | --- | --- |

29.4.2011

EN

Official Journal of the European Union

C 127/9

---

Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 July to 30 September 2011 under certain quotas opened by the European Union for poultrymeat, eggs and egg albumin

2011/C 127/03

Commission Regulations (EC) No 1384/2007 (1) and (EC) No 1385/2007 (2) opened tariff quotas for imports of products in the poultrymeat sector. The applications for import licences lodged during the first seven days of March 2011 for the subperiod 1 April to 30 June 2011 do not, for quotas 09.4091, 09.4092, 09.4411 and 09.4421, cover the quantities available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (3), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 July to 30 September 2011; they are set out in the Annex to this notice.

1

2

3

---

(1)  OJ L 309, 27.11.2007, p. 40.

1

(2)  OJ L 309, 27.11.2007, p. 47.

2

(3)  OJ L 238, 1.9.2006, p. 13.

3

---

ANNEX

| Quota order number | Quantities not applied for, to be added to the quantity fixed for the subperiod 1 July 2011 to 30 September 2011
  (in kg) |
| --- | --- |
| 09.4091 | 280 000 |
| 09.4092 | 363 003 |
| 09.4411 | 2 550 000 |
| 09.4421 | 350 000 |

Quota order number

Quantities not applied for, to be added to the quantity fixed for the subperiod 1 July 2011 to 30 September 2011

(in kg)

09.4091

280 000

09.4092

363 003

09.4411

2 550 000

09.4421

350 000

---
IMAN ELSHAAR, WIFE

,

Appellant,

v.

YOUSSEF ALSAGHIR,

HUSBAND

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 13

- 577 3

_____________________________/

Opinion filed September 3, 2014.

An appeal from the Circuit Court for Duval County

. David C. Wiggins , Judge

.

Carole A. Vogel, Jacksonville , for Appellant.

Michael J. Korn and Donald E. Brown, Jacksonville , for Appelle e.

PER CURIAM.

AFFIRMED.

THOMAS

, RAY

, and OSTERHAUS

, J J

. , CONCUR.
EXHIBIT 32.1



CERTIFICATIONS UNDER SECTION 906 OF SARBANES-OXLEY



In connection with the annual report of Angiotech Pharmaceuticals, Inc. (the Company) on Form 40-F for the fiscal year ending December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Dr. William L. Hunter, Chief Executive 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 results of operations of the Company.





­­­­/s/ William L. Hunter



Name: Dr. William L. Hunter

Title: Chief Executive Officer

March 21, 2005





A signed original of this written statement required by Rule 13a-14(b) of the Securities Exchange Act of 1934 and 18 U.S.C. Section 1350 has been provided to the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.



This certification accompanies the Form 40-F to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Registrant under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Form 40-F), irrespective of any general incorporation language contained in such filing.
**EXHIBIT 21.1**

**LIST OF SUBSIDIARIES OF WILLIAM LYON HOMES, A DELAWARE CORPORATION**

William Lyon Homes 

(formerly The Presley Companies) (a Delaware corporation) 

William Lyon Homes, Inc. 

(a California corporation) 

California Equity Funding, Inc.

(a California corporation) 

Sycamore CC, Inc. 

(a California corporation) 

Presley CMR, Inc. 

(a California corporation) 

Duxford Financial, Inc. (formerly Presley Mortgage Company) 

(aCalifornia corporation) 

Bayport Mortgage, L.P. 

(a California limited partnership) 

Duxford Title Reinsurance Company 

(a Vermont corporation) 

PH—LP Ventures 

(a California corporation) 

PH-Rielly Ventures, Inc. 

(a California corporation) 

Silver Creek Preserve 

(a California corporation) 

HSP, Inc. 

(a California corporation) 

PH Ventures-San Jose 

(a California corporation) 

Cerro Plata Associates, LLC

(a Delaware limited liability company) 

Henry Ranch, LLC 

(a Delaware limited liability company) 

William Lyon Southwest,Inc. 

(an Arizona corporation) 

PLC/Lyon Waterfront Residential, LLC 

(a Delaware limited liability company) 

Lyon Waterfront, LLC 

(a Delaware limited liability company) 

Tustin Villas Partners,LLC 

(a Delaware limited liability company) 

Tustin Vistas Partners, LLC 

(a Delaware limited liability company) 

Marble Mountain Partners, LLC 

(a Delaware limited liability company) 

East Garrison Partners I, LLC 

(a California limited liability company) 

Lyon East GarrisonCompany I, LLC 

(a California limited liability company) 

Spectrum 90 Investors, LLC 

(a Delaware limited liability company) 

4S Ranch Planning Area38, LLC 

(a Delaware limited liability company) 

San Miguel Village, LLC 

(a Delaware limited liability company) 

Lyon Treviso, LLC

(a Delaware limited liability company) 

WLH Enterprises (formerly The Ranch Golf Club Co. which was formerly Carmel Mountain Ranch) 

(a California general partnership) 

Laguna Big Horn, LLC 

(a Delaware limited liability company) 

Mountain Falls, LLC

(a Nevada limited liability company) 

Mountain Falls Golf Course, LLC 

(a Nevada limited liability company) 

Whitney Ranch Village 5,LLC 

(a Delaware limited liability company) 

Queen Creek Joint Venture, LLC 

(an Arizona limited liability company) 

Lyon Vista Del Mar 533,LLC 

(a Delaware limited liability company) 

Circle G at the Church Farm North Joint Venture, LLC 

(an Arizona limited liability company) 

WLH/WB Rainbow Valley Properties JV, LLC 

(an Arizona limited liability company) 

Duxford Insurance, LLC 

(a California limited liability company) 

Moffet MeadowsPartners, LLC 

(a Delaware Limited Liability Company) 

Duxford Escrow, Inc. 

(a California Corporation) 

Nobar Water Company 

(a California Company) 

Tustin Coventry, LLC 

(a Delaware Limited Liability Company)

William Lyon Mortgage Series of CWB 

Mortgage Ventures, LLC 

(a California Limited Liability Company)
Page 1 of 1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

v. Case No. 3:10cr55/MCR/CJK

CECIL ANTHONY DORTCH

_______________________________/

O R D E R

This cause comes on for consideration upon the Magistrate Judge’s Report and

Recommendation dated October 23, 2013. (Doc. 135). Plaintiff has been furnished a copy

of the Report and Recommendation and has been afforded an opportunity to file objections

pursuant to Title 28, United States Code, Section 636(b)(1). The Court has made a de

novo determination of any timely filed objections. (See doc. 136, as supplemented by doc.

137).

Having considered the Report and Recommendation, and any objections thereto

timely filed, The Court concludes that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The Magistrate Judge’s Report and Recommendation is adopted and

incorporated by reference in this order.

2. Defendant’s motion for a new trial (doc. 127) is DENIED.

DONE AND ORDERED this 26th day of November, 2013.

 s/ M. Casey Rodgers 

M. CASEY RODGERS

CHIEF UNITED STATES DISTRICT JUDGE
[Federal Register Volume 72, Number 212 (Friday, November 2, 2007)]
[Presidential Documents]
[Page 62407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5528]



[[Page 62405]]

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

Part VI





The President





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



Notice of November 1, 2007--Continuation of the National Emergency With 
Respect to Sudan


                        Presidential Documents 



Federal Register / Vol. 72, No. 212 / Friday, November 2, 2007 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 62407]]

                Notice of November 1, 2007

                
Continuation of the National Emergency With 
                Respect to Sudan

                On November 3, 1997, by Executive Order 13067, the 
                President declared a national emergency with respect to 
                Sudan, pursuant to the International Emergency Economic 
                Powers Act (50 U.S.C. 1701-1706), to deal with the 
                unusual and extraordinary threat to the national 
                security and foreign policy of the United States 
                constituted by the actions and policies of the 
                Government of Sudan. On April 26, 2006, in Executive 
                Order 13400, I determined that the conflict in Sudan's 
                Darfur region posed an unusual and extraordinary threat 
                to the national security and foreign policy of the 
                United States, expanded the scope of the national 
                emergency to deal with that threat, and ordered the 
                blocking of property of certain persons connected to 
                the conflict. On October 13, 2006, I issued Executive 
                Order 13412 to take additional steps with respect to 
                the national emergency and to implement the Darfur 
                Peace and Accountability Act of 2006.

                Because the actions and policies of the Government of 
                Sudan continue to pose an unusual and extraordinary 
                threat to the national security and foreign policy of 
                the United States, the national emergency declared on 
                November 3, 1997, as expanded on April 26, 2006, must 
                continue in effect beyond November 3, 2007. Therefore, 
                consistent with section 202(d) of the National 
                Emergencies Act (50 U.S.C. 1622(d)), I am continuing 
                for 1 year the national emergency with respect to 
                Sudan.

                This notice shall be published in the Federal Register 
                and transmitted to the Congress.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    November 1, 2007.

[FR Doc. 07-5528
Filed 11-1-07; 1:41 pm]
Billing code 3195-01-P
# C_2011301EN.01001301.xml

| 12.10.2011 | EN | Official Journal of the European Union | C 301/13 |
| --- | --- | --- | --- |

12.10.2011

EN

Official Journal of the European Union

C 301/13

---

Corrigendum to the notice for the attention of the persons to which measures provided for in Council Decision 2011/235/CFSP, as implemented by Council Implementing Decision 2011/667/CFSP, and in Council Regulation (EU) No 359/2011, as implemented by Council Implementing Regulation (EU) No 1000/2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Iran apply

(
  Official Journal of the European Union C 299 of 11 October 2011
  )

Official Journal of the European Union C 299 of 11 October 2011

2011/C 301/12

The publication of Notice 2011/C 299/04 is to be considered null and void.

---