alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Electronically Filed Intermediate Court of Appeals CAAP-15-0000451 22-MAR-2017 09:29 AM
Page 1 of 3

Case No. 5:10cv214-RH/GRJ

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

LAWRENCE JAMES TAYLOR,

Petitioner,

v. CASE NO. 5:10cv214-RH/GRJ

PAIGE AUGUSTINE,

Respondent.

_____________________________/

ORDER DENYNG PETITION

This petition for a writ of habeas corpus under 28 U.S.C. § 2241 is before 

the court on the magistrate judge’s report and recommendation, ECF No. 37, and 

the objections, ECF No. 38. I have reviewed de novo the issues raised by the 

objections. 

The petitioner Lawrence James Taylor is serving a 260-month sentence 

imposed in the Northern District of Texas for possessing a firearm as a convicted 

felon. He says he is serving a sentence longer than statutorily authorized. That 

would be true if, at the time of the offense, Mr. Taylor did not have three or more 

convictions of a violent felony or serious drug offense. Compare 18 U.S.C. 
Page 2 of 3

Case No. 5:10cv214-RH/GRJ

§ 924(a)(2) (providing a 10-year maximum sentence for possessing a firearm as a 

conviction felon in violation of 18 U.S.C. § 922(g)) with id. § 924(e) (providing a 

minimum mandatory 15-year sentence and maximum life sentence for possessing a 

firearm as a convicted felon after three or more convictions of a violent felony or 

serious drug offense). 

Just yesterday the Supreme Court added to its growing list of decisions 

disapproving broad applications of the “violent felony” provision. See Descamps 

v. United States, __ U.S. __, 2013 WL 3064407 (U.S. June 20, 2013). There, as 

here, the issue was whether a state-law burglary conviction was a “violent felony” 

within the meaning of § 924(e). Mr. Taylor’s assertion that his prior burglary 

convictions were wrongly treated as violent felonies cannot be rejected out of 

hand. 

But Mr. Taylor has raised this issue in the Northern District of Texas and 

Fifth Circuit and has lost. The report and recommendation correctly concludes that 

the law of the Eleventh Circuit, as it now stands, forecloses § 2241 relief on a 

claim like this one. See Williams v. Warden, Fed. Bureau of Prisons, 713 F.3d 

1332 (11th Cir. 2013). 

Accordingly, 

IT IS ORDERED:
Page 3 of 3

Case No. 5:10cv214-RH/GRJ

The report and recommendation is ACCEPTED and adopted as the court’s 

opinion. The clerk must enter judgment stating, “The petition is dismissed.” The 

clerk must close the file.

SO ORDERED on June 21, 2013.

s/Robert L. Hinkle

United States District Judge
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Farm Credit Administration

# AGENCY:

Farm Credit Administration. 

# SUMMARY:

Notice is hereby given, pursuant to the Government in the Sunshine Act (5 U.S.C. 552b(e)(3)), of the regular meeting of the Farm Credit Administration Board (Board). 

*Date and Time:*                         The regular meeting of the Board will be held at the offices of the Farm Credit Administration in McLean, Virginia, on December 13, 2007, from 9 a.m. until such time as the Board concludes its business.                     

# FOR FURTHER INFORMATION CONTACT:

Roland E. Smith, Secretary to the Farm Credit Administration Board, (703) 883-4009, TTY (703) 883-4056. 

# ADDRESSES:

Farm Credit Administration, 1501 Farm Credit Drive, McLean, Virginia 22102-5090. 

# SUPPLEMENTARY INFORMATION:

Parts of this meeting of the Board will be open to the public (limited space available), and parts will be closed to the public. In order to increase the accessibility to Board meetings, persons requiring assistance should make arrangements in advance. The matters to be considered at the meeting are: 

## Open Session 

### A. Approval of Minutes 

    - November 8, 2007.

### B. New Business 

                    1.                     *Other*
    - Bookletter Review 2007.

                    2.                     *Reports*
    - FCSBA Quarterly Report.

##                     Closed Session[*] 

    - OSMO Supervisory and Oversight Activities.

Dated: December 6, 2007. 

Roland E. Smith, 

Secretary, Farm Credit Administration Board. 

# Footnotes

*.                             Session Closed-Exempt pursuant to 5 U.S.C. 552b(c)(8) and (9).                    
        Back to Citation      

[FR Doc. 07-6025 Filed 12-7-07; 1:21 pm]

BILLING CODE 6705-01-P
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

JED PHILIP LARSON, SR.,

Plaintiff,

vs. CASE NO. 5:10cv246/RS-MD

N. ROBINSON, et al,

Defendants.

__________________________________/

ORDER

Before me is the Magistrate Judge’s Report and Recommendation (Doc. 5). 

Plaintiff has not filed objections. 

IT IS ORDERED:

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

incorporated in this Order.

2. This case is dismissed without prejudice because of Plaintiff’s failure to

comply with an Order of the court.

3. The clerk is directed to close the file.

ORDERED on January 6, 2011.

/S/ Richard Smoak 

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1756

SHANNON BRIDGET MURPHY,
Plaintiff - Appellant,

v.
CIRCUIT COURT OF CABELL COUNTY, West Virginia,
Defendant - Appellee.

Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, District Judge. (3:07-cv-00587)

Submitted: November 20, 2008 Decided: November 25, 2008

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Shannon Bridget Murphy, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Shannon Bridget Murphy appeals the district court’s
order adopting the recommendation of the magistrate judge and
dismissing this civil action for want of subject matter
jurisdiction. We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. Murphy v. Circuit Court , No. 3:07-cv00587 (S.D.W. Va. June 2, 2008). 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
<PAGE>   1

                                                                   EXHIBIT 10.12

                                      NOTE

$250,000.00                                                     January 17, 2000

     FOR VALUE RECEIVED, Donald Smith promises to pay to Extensity, Inc., a
Delaware corporation (the "Company"), the principal sum of two hundred fifty
thousand dollars ($250,000.00), together with interest on the unpaid principal
hereof from the date hereof at the rate of 6.12% per annum, compounded
semiannually.

     Principal and interest shall be due and payable on January 17, 2005.
Payment of principal and interest shall be made in lawful money of the United
States of America.

     The undersigned may at any time prepay all or any portion of the principal
or interest owing hereunder. This Note is subject to the terms of the Option
dated as of January 17, 2000. This Note is secured in part by a pledge of the
Company's Common Stock under the terms of a Security Agreement of even date
herewith and is subject to all the provisions thereof.

     The holder of this Note shall have full recourse against the undersigned in
the event of default hereunder, including without limitation all rights in the
collateral securing this Note pursuant to the Security Agreement.

     In the event the undersigned shall cease to be an employee, director or
consultant of the Company for any reason, with or without cause, voluntarily or
involuntarily, this Note shall, at the sole option of the Company, be
accelerated, and the whole unpaid balance on this Note of principal and accrued
interest shall be immediately due and payable sixty (60) days after the
termination of the undersigned's services with the Company.

     Should any action be instituted for the collection of this Note, the
reasonable costs and attorneys' fees therein of the holder shall be paid by the
undersigned.

                                                    /s/  DONALD SMITH
                                                         Donald Smith
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

# FOR FURTHER INFORMATION CONTACT:

 Michelle Smith, Director, or Dave Skidmore, Assistant to the Board, Office of Board Members at 202-452-2955.

# SUPPLEMENTARY INFORMATION:

                     You may call 202-452-3206 beginning at approximately 5 p.m. two business days before the meeting for a recorded announcement of bank and bank holding company applications scheduled for the meeting; or you may contact the Board's Web site at                     *http://www.federal reserve.gov*                     for an electronic announcement that not only lists applications, but also indicates procedural and other information about the meeting.                

Board of Governors of the Federal Reserve System, November 30, 2007.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 07-5944 Filed 11-30-07; 3:34 pm]

BILLING CODE 6210-01-M
#### STATE v. JORDAN

No. 91 PC.

Case below: 13 N.C. App. 264.

Petition for writ of certiorari to North Carolina Court of Appeals denied 14 January 1972.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Child Health and Human Development Special Emphasis Panel Training Program in Social Development.                    

*Date:*                         November 13, 2007.                    

*Time:*                         1 p.m. to 4 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, 6100 Executive Boulevard, Room 5B01E, Rockville, MD 20852. (Virtual Meeting)                    

*Contact Person:*                         Carla T. Walls, PhD., Scientific Review Administrator, Division of Scientific Review National Institute of Child Health and Human Development, NIH, 6100 Executive Blvd., Room 5B01, Bethesda, MD 20892, (301) 435-6898,                         *wallsc@mail.nih.gov.*

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)

Dated: October 19, 2007.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 07-5287 Filed 10-24-07; 8:45am]

BILLING CODE 4140-01-M
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

vs. Case Nos.: 3:10cr108/LAC 

3:12cv192/LAC/EMT

LAVAR EUGENE ANDERSON

_____________________________________/

REPORT AND RECOMMENDATION

This cause is before the court upon referral from the clerk. Defendant commenced this action

by filing a motion to vacate under 28 U.S.C. § 2255 (doc. 58). However, he failed to fully complete

the form. As his first ground for relief he stated only that “Defendant’s sentence should not have

included any enhancements” and offered no facts in support of his claim (doc. 58 at 4). 

Furthermore, his suggestion that his sentence included “enhancements” appeared to be mistaken. 

A review of Defendant’s presentence investigation report (“PSR”) revealed that he had a base

offense level of 26, a two-level increase pursuant to § 2D1.1(b)(1), and a three-level decrease due

to his acceptance of responsibility for a total offense level of 25 (see doc. 36 at 7–8). No chapter

four enhancements were reflected in the PSR (id. at 8).1 The court set forth the foregoing

information in its order of April 20, 2012, and afforded Defendant thirty (30) days to file an

amended motion to vacate if he wished to pursue § 2255 relief (see doc. 59). 

Defendant failed to file an amended motion; therefore, on June 4, 2012, the court issued an

order requiring Defendant to show cause, within twenty-one (21) days, why this action should not

be dismissed for failure to comply with an order of the court (doc. 62). The time for compliance

with the show cause order has now elapsed with no response from Defendant.

Accordingly, it is respectfully RECOMMENDED:

1 Defendant’s criminal history category was II (doc. 36 at 10), and his 78-month sentence, which was

challenged and affirmed on appeal (see doc. 56), was within the advisory guidelines range. 

Case 3:10-cr-00108-LC-EMT Document 63 Filed 07/13/12 Page 1 of 2
Page 2 of 2

That this case be DISMISSED without prejudice for Defendant’s failure to comply with

an order of the court.

At Pensacola, Florida, this 13th day of July 2012.

/s/ Elizabeth M. Timothy 

ELIZABETH M. TIMOTHY

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

Any objections to these proposed findings and recommendations must be filed within

fourteen (14) days after being served a copy thereof. Any different deadline that may appear

on the electronic docket is for the court’s internal use only, and does not control. A copy of

objections shall be served upon all other parties. Failure to object may limit the scope of

appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d

698, 701 (11th Cir. 1988).

Case Nos.: 3:10cr108/LAC/EMT and 3:12cv192/LAC/EMT

Case 3:10-cr-00108-LC-EMT Document 63 Filed 07/13/12 Page 2 of 2
[Federal Register Volume 72, Number 215 (Wednesday, November 7, 2007)]
[Notices]
[Pages 62868-62869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5564]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Cooperative Research Group on Common Rail Fuel 
Systems

    Notice is hereby given that, on August 15, 2007, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Southwest Research 
Institute (``SwRI''): Cooperative Research Group on Common Rail Fuel 
Systems filed written notifications simultaneously with the Attorney 
General and the Federal Trade Commission disclosing (1) the identities 
of the participants in the cooperative research project and (2) the 
nature and objectives of the venture. The notifications were filed for 
the purpose of invoking the Act's provisions limiting the recovery of 
antitrust plaintiffs to actual damages under specified circumstances.
    Pursuant to Section 6(b) of the Act, the identities of the current 
participants in the Cooperative Research Group on Common Rail Fuel 
Systems are: Baldwin Filters, Kearney, NE; Caterpillar, Inc., 
Mossville, IL; Champion Laboratories, Inc., Albion, IL; Donaldson, 
Minneapolis, MN; Komatsu, Oyamo-shi, Japan; Racor, Modesto, Ca.
    The purpose and nature of the Cooperative Research Group on Common 
Rail Fuel Systems is to determine the filtration requirements needed to 
control significant abrasive wear, and to determine the most sensitive 
areas in the fuel injection system to identify critical components. To 
attain such, a filtration assessment system and test protocol for 
testing future systems will be developed. The test protocol will 
include conditions, such as vibration, to determine environmental 
factors that may affect the protocol and the protocol will be verified 
by different degrees of filtration using various common rail systems. A 
standardized filter test method to meet industry standards will also be 
recommended.
    Membership in this research group remains open, and the 
participants

[[Page 62869]]

intend to file additional written notification disclosing all changes 
in membership or planned activities.

Patricia A. Brink,
Deputy Director of Operations, Antitrust Division.
[FR Doc. 07-5564 Filed 11-06-07; 8:45 am]
BILLING CODE 4410-11-M
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998             DEC-31-1997
<PERIOD-START>                             JAN-01-1998             JAN-01-1997
<PERIOD-END>                               DEC-31-1998             DEC-31-1997
<CASH>                                           4,115                   1,663
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   79,547                  21,710
<ALLOWANCES>                                       677                     220
<INVENTORY>                                     40,109                   9,112
<CURRENT-ASSETS>                               125,968                  32,854
<PP&E>                                          23,766                   3,311
<DEPRECIATION>                                   4,468                   1,426
<TOTAL-ASSETS>                                 249,980                  49,921
<CURRENT-LIABILITIES>                           44,634                  24,666
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                             0                       0
<OTHER-SE>                                      97,194                  25,031
<TOTAL-LIABILITY-AND-EQUITY>                   249,980                  49,921
<SALES>                                        313,762                 107,487
<TOTAL-REVENUES>                               313,762                 107,487
<CGS>                                          246,670                  88,190
<TOTAL-COSTS>                                   53,389                  15,441
<OTHER-EXPENSES>                                  (227)                    (43)
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               2,611                     180
<INCOME-PRETAX>                                 11,319                   3,719
<INCOME-TAX>                                     4,994                   1,507
<INCOME-CONTINUING>                              6,325                   2,212
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     6,325                   2,212
<EPS-PRIMARY>                                      .66                     .39
<EPS-DILUTED>                                      .65                     .39
        

</TABLE>
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

LIFTON ROBINSON, JR,

Petitioner,

v. CASE NO. 5:10-cv-00193-RS -GRJ

WALTER A MCNEIL,

Respondent.

_____________________________/

O R D E R

This matter is before the Court on Doc. 11, Respondent’s motion for an

extension of time until January 6, 2011, to respond to the Petition due to exigent

circumstances. Upon due consideration, it is ORDERED:

1. That the motion, Doc. 11, is GRANTED. Respondent shall respond to the

Petition on or before January 6, 2011.

2. Petitioner shall have until February 7, 2011, to file a reply, if any.

DONE AND ORDERED this 22 day of December 2010. 

nd

s/Gary R. Jones

GARY R. JONES

United States Magistrate Judge