alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### State *ex rel.*David E. Atkinson *v.*Hon. William H. Belcher, *Judge*

(No. 14371)

Decided September 25, 1979.

*547
      *Charles R. Garten, Jr.,*for relator.

No appearance for respondent.

Per Curiam:

This is an original proceeding in Prohibition. On December 5, 1978, this Court issued a rule to show cause. The matter now comes on for hearing upon the petition and exhibits and note of argument, together with relator’s brief. The respondent has filed no pleadings.

After considering these matters the Court finds as follows:

An action was brought in the Magistrate Court of Kanawha County seeking to recover money from the relator. After an April 15, 1977 hearing the magistrate rendered a verdict in favor of the relator, who appeared pro se. The plaintiff, by counsel, appealed the magistrate court judgment, and after an October 11, 1977 hearing a judgment was entered in the plaintiff’s favor. In July 1978, relator’s wages were garnished. Relator did not appear at the hearing due to the fact that he received no notice.

In order for a circuit court to establish jurisdiction of an appeal from magistrate court, proper notice must be given to all parties. *Wheeler v. Erwin,*150 W. Va. 300, 145 S.E.2d 121 (1965). In this case failure to give notice of the hearing to petitioner deprived the circuit court of jurisdiction.

“A writ of prohibition will lie where the trial court does not have jurisdiction or, having jurisdiction, exceeds its legitimate powers.” Syl. Pt. 3, *State ex rel. McCartney v. Nuzum,*Judge,_W. Va._, 248 S.E.2d 318 (1978).

*548“When an appeal is taken from a judgment of a magistrate court to a circuit court, notice of the time when and place where the appeal is to be heard must be given to both parties and the failure to afford such notice constitutes a violation of due process of law as guaranteed by the Fourteenth Amendment to the Constitution of the United States and the Article III, Section 10 of the Constitution of West Virginia.” Syl. *Peck v. Goshorn,*_W. Va.-, 249 S.E.2d 765 (1978).

We conclude relator’s rights to due process were violated; the circuit court lacked jurisdiction of the appeal; and prohibition lies to prevent enforcement of the judgment against relator.

Therefore, we award the Writ of Prohibition to prohibit further enforcement of the judgment rendered below against relator.

*Writ awarded.*
EXHIBIT
32.1




CERTIFICATION
OF CHIEF EXECUTIVE OFFICER


PURSUANT
TO 18 U.S.C. SECTION 1350, AS ADOPTED


PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I,
Jacques Mot, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my
knowledge and belief, that the Annual Report of New Generation Holdings, Inc. on
Form 10-K for the year ended December 31, 2008 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that information contained in such Form 10-K fairly presents in all material
respects the financial condition and results of operations of New Generation
Holdings, Inc.




/s/
      Jacques MotJacques
      Mot
                  President
      and Chief Executive Officer
                  New
      Generation Holdings, Inc.Date:
      March 31, 2009
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM        GOLF TRUST OF AMERICA, INC.

We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (No. 333-56251,
No. 333-39624 and No. 333-39622) and Form S-8 (No. 333-46657, No. 333-39628 and
No. 333-46659) of Golf Trust of America, Inc. of our report dated March 31, 2008, relating to the consolidated financial statements which appears in this
Form 10-K.

|                                         |  | /s/BDO SEIDMAN, LLPBDO Seidman, LLP
|---------------------------------------- |  | -----------------------------------
|Charlotte, North Carolina
March 31, 2008 |  |                                    

---



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###### Department of Justice

###### United States Parole Commission

# Date and Time:

12 p.m., Thursday, January 17, 2008.

# Place:

U.S. Parole Commission, 5550 Friendship Boulevard, 4th Floor, Chevy Chase, Maryland 20815.

# Status:

Closed.

# Matters To Be Considered:

The following matter will be considered during the closed portion of the Commission's Business Meeting:

Petition for reconsideration involving one original jurisdiction case pursuant to 28 CFR 2.27.

# Agency Contact:

Thomas W. Hutchison, Chief of Staff, United States Parole Commission, (301) 492-5990.

Dated: January 10, 2008.

Rockne J. Chickinell,

General Counsel, U.S. Parole Commission.

[FR Doc. 08-129  Filed 1-11-08; 3:20 pm]

BILLING CODE 4410-31-M
AGENDA

Advisory Board on Radiation and Worker Health 

Teleconference Meeting of the

Subcommittee for Dose Reconstruction Reviews 

July 29, 2020

Conference Call Number: 1-866-659-0537

Participant Pass Code: 9933701

10:30 a.m. Eastern Time

Welcome and roll-call 

DISCUSSION

Review cases from Set 25: 

Facilities that may be covered: Hanford, Pacific Northwest National 

Laboratories, Aliquippa Forge, Hooker Electrochemical, Carborundum 

Company, Metals and Controls Corp., Nuclear Metals, Inc., Nuclear 

Metals, Inc., Simonds Saw and Steel Co., W.R. Grace (Tennessee), West 

Valley Demonstration Project

Review cases from Set 27: 

Facilities that may be covered by cases reviewed: Amchitka Island 

Nuclear Explosion Site, Argonne National Laboratory, Fee Materials 

Production Centers (“Fernald Plant”), General Electric – Vallecitos, 

Hanford, Idaho National Laboratory, Lawrence Berkeley National 

Laboratory, Lawrence Livermore National Laboratory, Nevada Test Site, 

Oak Ridge Gaseous Diffusion Plant (“K-25”), Office of Science and 

Technology Information (“OSTI”), Paducah Gaseous Diffusion Plant, 

Portsmouth Gaseous Diffusion Plant, Savannah River Site, Y-12, Oak Ridge 

National Laboratory (X-10), General Steel Industries (South Plant), Rocky 

Flats Plant

4:00 p.m. Adjourn
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

November 29, 2005 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh Elizabeth A. Weaver 129281 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 129281 COA: 259494 Muskegon CC: 99-044125-FC MELVIN WILLIAMS, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appe al the June 24, 2005 order of the Court of Appeals is considered, a nd it is DENIED, because the defendant has failed to meet the burden of establishi ng entitlement to relief under MCR 6.508(D).

d1121 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

November 29, 2005

Clerk
ABRWH

Agenda

Subcommittee on Procedures Review

November 25, 2014

Conference Call Number 1-866-659-0537

Participant Pass Code 9933701

11:00 a.m. EDT Welcome and Roll Call

11:10 Review off-line BRS changes All

11:20 White paper paragraph clarifying wording for

Overarching Issue 9, Concern 1 NIOSH

11:30 IG 001 Finding 25 NIOSH*

12:00 OTIB 0083 – Findings response combination review SC&A

- Revised scheduling status NIOSH

12:45 RPRT 0053 status of findings response NIOSH*

1:00 Lunch

2:00 PER 0031- Report review NIOSH*

Status - PER 0038 case audits SC&A*

 PER 0042 response (2 added findings) SC&A*

 PER 0045 response (8 added findings) NIOSH

 PER 0043 case reviews SC&A

 PER 0018 review SC&A

 PER 0020, Finding 6 NIOSH

 PER 011, Findings 3, 5 NIOSH

3:30 Break

3:45 OTIB 0054 – Reactor modeling report, findings 1-4, 5 NIOSH*

- Finding 9 SC&A

4:00 OTIB 0052, Finding 12 NIOSH

4:15 Administrative detail - PER 37, PER 11, PER18 NIOSH

- Abeyance items ready for closing NIOSH

 - Next meeting

4:30 Adjourn
*carryover
Presidential Documents

Federal Register / Vol. 73, No. 73 / Tuesday, April 15, 2008 / Presidential Documents 20523 

Memorandum of April 10, 2008 

Designation of the Committee on Technology of the National 

Science and Technology Council To Carry Out Certain Requirements of the America COMPETES Act 

Memorandum for the Director of the Office of Science and Technology 

Policy 

By the authority vested in me as President of the United States by the 

Constitution and the laws of the United States of America, including section 

1006(e) of the America COMPETES Act (Public Law 110–69) (the ‘‘Act’’), 

I hereby designate the Committee on Technology of the National Science 

and Technology Council to carry out the responsibilities assigned to the 

Council on Innovation and Competitiveness in section 1006 of the Act. 

The Director of the Office of Science and Technology Policy is authorized 

and directed to publish this memorandum in the Federal Register. 

THE WHITE HOUSE, 

Washington, April 10, 2008. 

[FR Doc. 08–1138 

Filed 4–14–08; 8:52 am] 

Billing code 3170–W8–P–M 


mstockstill on PROD1PC66 with PRESDOCGWBOLD.EPS</GPH>
AGENDA

Advisory Board on Radiation and Worker Health 

Meeting of the

Subcommittee on Procedures Review

September 19, 2011

Cincinnati Airport Marriott

2395 Progress Dr. 

Hebron, KY 41048

859-586-0166

Conference Call Number: 1-866-659-0537

Participant Pass Code: 9933701

9:00 a.m. Eastern Time Welcome and roll-call/introductions

9:15 Database questions and comments

9:30 OTIB-0070 issues update re change of 1% residual period resuspension NIOSH

9:45 Status of addition of PERs to database SC&A

10:00 Review of OTIB 0002 open items to confirm all are relevant and 

addressed in replacement procedures – Carryover NIOSH

10:30 Break

10:45 TIB 0010 review of Anigstein documentation and report NIOSH

11:15 Carry-over items:

OTIB 21-04 response due on partial year issue SC&A

OTIB 51-01, OTIB 47-02, OTIB-19 et al – db link lists Munn-Thomas

TIB-013 action status – Rewrite of 3 and 4 SC&A

Status of response on -5 Ulsh

 12:30 p.m.Lunch

1:45 OTIB 52 Rev. 1 response NIOSH

2:15 Overarching issues – Status of internal discussions NIOSH

2:30 Unresolved action items Munn

2:30 New 2-pagers. All

3:30 Discussion of review methods for 2-pagers All

3:45 Administrative detail All

4:00 Adjourn
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 7762** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. CHRISTOPHER CUNNINGHAM , Defendant

- Appellant
.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria
. Leonie M. Brinkema , District Judge. ( 1:14

- cr - 00225

- LMB

- 1; 1:15

- cv - 01262

- LMB )

Submitted : March 31, 2016 Decided: April 11, 2016

Before NIEMEYER, DUNCAN, and KEENAN , Circuit Judges.

Dismissed by un published per curiam opinion
. Christopher Cunningham, Appellant Pro Se. Chad Golder, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Christopher Cu nningham seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (B) (2012)
. A certificate of ap pealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012)
. When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable ju rists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on proced ural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently review ed the rec ord and conclude that Cunningham has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contenti ons are adequately3 presented in the materials before th is court and argument would not aid the decisional process.

DISMISSED
1 

AGENDA

Advisory Board on Radiation and Worker Health – Meeting 122

DoubleTree by Hilton Hotel Oak Ridge - Knoxville 

215 S. Illinois Avenue 

Oak Ridge, TN 37830 

Phone: 865-481-2468; Fax: 865-481-2474 

Teleconference Phone: 866-659-0537, Participant Code: 9933701# 

Skype Link: https://webconf.cdc.gov/zab6/yzdq02pl?sl=1 

Wednesday, April 11, 2018 

NOTE: All times in Eastern Time 

8:00 a.m. – 8:45 a.m. Annual Ethics Training

(Closed Session)

Ms. Leah Stromberg, HHS 

9:00 a.m. – 9:15 a.m. Welcome and Introduction (POTUS designate), Chair

9:15 a.m. – 9:30 a.m. Honoring Dr. Melius Dr. Ziemer, Board member

9:30 a.m. – 9:40 a.m. NIOSH Program Update Mr. Stuart Hinnefeld, NIOSH 

9:40 a.m. – 9:50 a.m. DOL Program Update Mr. Frank (Chris) Crawford, 

DOL 

9:50 a.m. – 10:00 a.m. DOE Program Update Mr. Greg Lewis, DOE

10:00 a.m. – 11:00 a.m. Weldon Spring Site Profile 

Review

Dr. Richard Lemen, Work 

Group Chair

Mr. Ron Buchanan, SC&A

11:00 a.m. – 11:15 a.m. Break

11:15 a.m. – 12:15 p.m. Procedure Reviews (3): 

OTIB-17 (Interpretation of 

Dosimetry Data for 

Assignment of Shallow Dose),

OVER-9 (Skin Exposure),

OTIB-34 (Internal Dosimetry 

Co-worker Data for X-10)

Ms. Wanda Munn, Procedure 

Reviews Subcommittee Chair

12:15 p.m. – 1:45 p.m. Lunch

1:45 p.m. – 2:45 p.m. Dose and Dose-Rate 

Effectiveness Factors for 

Low-LET Radiation

Dr. David Richardson, 

Science Issues Work Group 

Chair

Dr. David Kocher, ORCRA
2 

2: 45 p.m. – 3:00 p.m. SEC Petitions Status Update Mr. LaVon Rutherford, 

NIOSH

3:00 p.m. – 3:15 p.m. Break

3:15 p.m. – 4:15 p.m. Board Work Session (POTUS Designate), Chair

4:15 p.m. – 5:00 p.m. Oak Ridge Facilities Udpate Dr. Lara Hughes, NIOSH

5:00 p.m. – 6:00 p.m.* Public Comment

Adjourn 

* Public comment period will conclude at 6:00 p.m. or following the final call for public comment, 

whichever comes first. If you plan to comment, please be prepared to comment at 5:00 p.m.
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, June 11, 2015.

I certify that the above is a true extract from the minutes of

the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, June 11, 2015

The Court of Appeals hereby passes the following order

A15D0413. ALEX STANFORD v. THE STATE.

Upon consideration of the Application for Discretionary Appeal, it is ordered that it be

hereby DENIED.

LC NUMBERS:

15CR25
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Exhibit







Exhibit 4.3




November 24, 2015 




Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C.  20549


		
	Re:
	The Scotts Miracle-Gro Company – Annual Report on Form 10-K for the fiscal year ended September 30, 2015 




Ladies and Gentlemen:


The Scotts Miracle-Gro Company, an Ohio corporation (“Scotts Miracle-Gro”), is today filing its Annual Report on Form 10-K for the fiscal year ended September 30, 2015 (the “Form 10-K”).


Neither Scotts Miracle-Gro nor any of its consolidated subsidiaries has outstanding any instrument or agreement with respect to its long-term debt, other than those filed or incorporated by reference as an exhibit to the Form 10-K, under which the total amount of long-term debt authorized exceeds ten percent (10%) of the total assets of Scotts Miracle-Gro and its subsidiaries on a consolidated basis.  In accordance with the provisions of Item 601(b)(4)(iii) of SEC Regulation S-K, Scotts Miracle-Gro hereby agrees to furnish to the SEC, upon request, a copy of each such instrument or agreement defining the rights of holders of long-term debt of Scotts Miracle-Gro or the rights of holders of long-term debt of one of Scotts Miracle-Gro’s consolidated subsidiaries, in each case which is not being filed or incorporated by reference as an exhibit to the Form 10-K.


Very truly yours,


THE SCOTTS MIRACLE-GRO COMPANY


/s/ THOMAS RANDAL COLEMAN


Thomas Randal Coleman
Executive Vice President and Chief Financial Officer

14111 Scottslawn Road Marysville, OH 43041 937-644-0011     
www.scotts.com
Exhibit
32





MIMVI,
Inc.





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 Mimvi, Inc. (the "Company") on Form 10-Q
for the quarter ended March 31, 2010, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Kasian Franks, acting in the
capacity as the President, Corporate Secretary and Chief Financial Officer of
the Company, certify to the best of my knowledge, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:





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





(2)
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and result of operations of the
      Company.








/s/ Kasian
Franks


Kasian
Franks


President,
Corporate Secretary and Chief Financial Officer


May
17, 2010
V -r^TT.T. C3rPif- ft^k/K. ,Moli RECEIVEDJH &&L&A32&- COURT OF CRIMINAL APPEALS



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### |>a\U |0^p6A5 (^Wv^^ 4o4Vo<; rv^sr J^£D_/.^k<x,e //ife^ aMes\4^ -fo^rU,V KVi^J^r,^.. _W___' • ^kC g/v^ ty

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### Afpt\i£&d^^

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### Lovyu ckiU h, dgv4^c4- cA Cc^y. «v6: CS01907 s)y/ed\. 7lW,5j^c a^l^s^s a CW^/a/isr fW(. ^cfe^igcv/-
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