alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 11**  **- 62**  **5 5** 

LUKE TRAYLOR , Petitioner

– Appellant ,
v. MICHAEL MCCALL, Perry Correctional Institution , Respondent

– Appellee
.

Appeal from the United States District Cour t for the District of South Carolina , at Rock Hill
. R. Bryan Harwell , District Judge. ( 0:09

- cv - 00048

- RBH )

Submitted : June 22, 2011 Decided: July 14, 2011

Before NIEMEYER, KEENAN, and DIAZ , Circuit Judges.

Dismissed by un published per curiam op inion
. Luke Traylor, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Melody Jane Brown, Assistant Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 P ER CURIAM: Luke Traylor seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues

a cer tificate of appealability. 28 U.S.C. § 2253(c)(1) (A) (2006) . A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006)
. When the district court denies relief on t he merits, a prisoner satisfies this standard by demonstrating that reasonable jurists 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. Cockre ll , 537 U.S. 322, 336

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

- 85. We have independently reviewed the record and conclude that Traylor has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss t he appeal. We dispense with oral argument because the facts and legal3 contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-6829

STANLEY ROBIN FURR,

Plaintiff - Appellant,

versus

MEDICAL STAFF, NCDOC Medical Staff at Columbus

Correctional Center; CATHARINE KAPOR; CHARLES

STEWART; PATRICK CAMPBELL,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, District Judge.

(CA-00-39-5-F3)

Submitted: August 24, 2000 Decided: August 31, 2000

Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Stanley Robin Furr, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Stanley Robin Furr appeals the district court’s order denying

relief on his 42 U.S.C.A. § 1983 (West Supp. 2000) complaint. We

have reviewed the record and the district court’s opinion and find

no reversible error. Accordingly, we affirm on the reasoning of

the district court. See Furr v. Medical Staff, No. CA-00-39-5-F3

(E.D.N.C. Apr. 28, 2000). 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
[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Notices]
[Page 25494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12704]



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

FEDERAL TRADE COMMISSION
[Dkt C-3648]


Praxair, Inc.; Prohibited Trade Practices, and Affirmative 
Corrective Actions

AGENCY: Federal Trade Commission.

ACTION: Consent order.

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

SUMMARY: In settlement of alleged violations of federal law prohibiting 
unfair or deceptive acts or practices and unfair methods of 
competition, this consent order requires, among other things, Praxair, 
Inc., a Connecticut corporation, to divest, within 12 months to 
Commission-approved acquirers, four CBI atmospheric gases production 
plants, located in Vacaville and Irwindale, California; Bozrah, 
Connecticut; and Madison, Wisconsin. If the transaction is not 
completed in the prescribed time, a trustee may be appointed to divest 
the four plants.

DATES: Compliant and Order issued April 1, 1996.\1\
---------------------------------------------------------------------------

    \1\ Copies of the Complaint and the Decision and Order are 
available from the Commission's Public Reference Branch, H-130, 6th 
Street and Pennsylvania Avenue, NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:
Ann Malester, FTC/S-2308, Washington, DC 20580, (202) 326-2682.

SUPPLEMENTARY INFORMATION: On Monday, January 22, 1996, there was 
published in the Federal Register 61 FR 1573, a proposed consent 
agreement with analysis in the matter of Praxair, Inc., for the purpose 
of soliciting public comment. Interested parties were given sixty (60) 
days in which to submit comments, suggestions or objections regarding 
the proposed form of the order.
    No comments having been received, the Commission has ordered the 
issuance of the complaint in the form contemplated by the agreement, 
made its jurisdictional findings and entered an order to divest, as set 
forth in the proposed consent agreement, in disposition of this 
proceeding.

(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 
Stat. 719, as amended; sec. 7, 38 Stat. 731, as amended; 15 U.S.C. 
45, 18)
Donald S. Clark,
Secretary.
[FR Doc. 96-12704 Filed 5-20-96; 8:45 am]
BILLING CODE 6750-01-M
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 523 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. RES. 523

 Congratulating the Lambda Chi Alpha Fraternity on the occasion of its 
                           100th Anniversary.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 2009

Mr. Rooney (for himself, Mr. Brady of Texas, Mr. Doggett, Mr. Kingston, 
and Mr. Paul) submitted the following resolution; which was referred to 
                  the Committee on Education and Labor

_______________________________________________________________________

                               RESOLUTION

 
 Congratulating the Lambda Chi Alpha Fraternity on the occasion of its 
                           100th Anniversary.

Whereas the Lambda Chi Alpha Fraternity was founded on November 2, 1909, by 
        Warren A. Cole at Boston University;
Whereas Lambda Chi Alpha provides students of good moral character, in various 
        collegiate institutions throughout the United States, an opportunity to 
        associate;
Whereas the fraternity fosters a high moral and spiritual standard of life based 
        on Christian ideals;
Whereas the fraternity promotes honorable friendship and cultivates intellectual 
        excellence;
Whereas the fraternity secures for members the greatest advantages in college 
        life;
Whereas the fraternity facilitates brotherly love, mutual aid, and close 
        personal connections between undergraduates, alumni, and colleges;
Whereas Lambda Chi Alpha binds its members together during college, as well as 
        in life after college, through mutual interests and enjoyments and by 
        testing each member to act with courage, self-control, obedience, 
        democracy, and courtesy toward all with whom he may come in contact;
Whereas Lambda Chi Alpha is one of the largest men's general fraternities in 
        North America, having more than 265,000 initiated members and more than 
        200 active subsidiaries at colleges and universities;
Whereas Lambda Chi Alpha offers a co-curricular experience to complement higher 
        education by providing young men with opportunities for academic 
        achievement, leadership development, and lifelong friendships; and
Whereas the fraternity boasts two Nobel Prize Winners, two Medal of Honor 
        recipients, three Peabody Award Winners, and a former Supreme Court 
        Justice: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) congratulates the Lambda Chi Alpha Fraternity on the 
        occasion of its 100th Anniversary; and
            (2) recognizes the members of Lambda Chi Alpha Fraternity 
        for their work and dedication to making the fraternity an 
        outstanding and honorable association.
                                 <all>
```
**Exhibit 32.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICERPURSUANT TO**

**18 U.S.C. SECTION 1350, AS ADOPTED PURSUANTTO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report on Form 10-Q of AvizaTechnology, Inc. (the “Company”), the undersigned Chief ExecutiveOfficer of the Company certifies pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that,to his knowledge:

 

(1)           the accompanying reporton Form 10-Q of the Company for the quarter ended March 31, 2006, as filed withthe Securities and Exchange Commission (the “Report”), fully complieswith the requirements of Section 13(a) or 15(d) of the Securities ExchangeAct of 1934, as amended; and

 

(2)           the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company for the periodspresented therein.

 

 
| Date: May 15, 2006 |
|--------------------|
| By:                | /s/ Jerauld J. Cutini |   |
|               | Jerauld J. Cutini |
|               | President and Chief Executive Officer |

 

----
#### STATE of Missouri, Respondent, v. Steven L. HELTON, Appellant.

No. WD 50179.

Missouri Court of Appeals, Western District.

Jan. 23, 1996.

Motion for Rehearing and/or Transfer to Supreme Court Denied Feb. 27, 1996.

Richard E. McFadin, Gallatin, for appellant.

Michael D. Arnold, Gallatin, for respondent.

Before ELLIS, P.J., and HANNA and SPINDEN, JJ.

*ORDER*

PER CURIAM:

Steven L. Helton appeals his conviction by a jury of the class B misdemeanor of driving while intoxicated under § 577.010, RSMo 1994.

The judgment is affirmed. Rule 30.25(b).
IV 

111TH CONGRESS 

1ST SESSION H. RES. 461 

Honoring Sentinels of Freedom and commending the dedication, commitment, 

and extraordinary work of the organization. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2009 

Mr. MCNERNEY submitted the following resolution; which was referred to the 

Committee on Veterans’ Affairs 

RESOLUTION 

Honoring Sentinels of Freedom and commending the dedication, commitment, and extraordinary work of the organization. 

Whereas in 2003, Sentinels of Freedom, based in San Ramon 

and Danville, California, was established; 

Whereas the mission of Sentinels of Freedom is to provide 

life-changing opportunities for men and women who 

served in the Unites States Armed Forces and who have 

suffered severe injuries; 

Whereas the Sentinels of Freedom Scholarship Foundation 

was created to benefit qualified veterans severely injured 

in the line of duty on or after September 11, 2001; 

Whereas Sentinels of Freedom provides four-year scholarships that help veterans to become self-sufficient; 


smartinez on PROD1PC64 with BILLS
2 

•HRES 461 IH 

Whereas scholarship recipients receive support to enroll in 

school, find and maintain a job, and obtain housing; 

Whereas Sentinels of Freedom organizes teams of local volunteers that provide mentoring and moral support for scholarship recipients; 

Whereas Sentinels of Freedom has excelled in providing assistance to veterans; and 

Whereas thanks to Sentinels of Freedom, 39 veterans have 

benefitted from scholarships and many more will in the 

coming years: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) honors Sentinels of Freedom; 

3 (2) commends Sentinels of Freedom’s dedica4 tion and commitment to the brave men and women 

5 who have served the United States; and 

6 (3) praises Sentinels of Freedom for its extraor7 dinary work for the well-being of the Nation’s vet8 erans. 

Æ 


smartinez on PROD1PC64 with BILLS
2006 D e c i sion s O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit 3-7-2006 

# R i ve r a v . C omm P A P r e c e de n t i al or N on-P r e c e de n t i al : N on-P r e c e de n t i al D ocke t N o . 04-2072

F o l low thi s a nd a dd it ion al work s at : http://d i git alc ommon s .l a w . vi l l a no va . e du/thir dc ir c uit_2006

Thi s de c i sion i s br ou ght t o you for f r e e a nd ope n a c c e s s b y the O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit at V i l l a no va U nive r sity S choo l of L a

w Di git al Re posit or y

. It h as be e n a c c e pt e d for inclusion in 2006 D e c i sion s b y a n author i z e d a dmini s tr at or of V i l l a no va U nive r sity S choo l of L a

w Di git al Re posit or y

. F or mor e inform at ion, p le as e c on t a ct Be n j amin . C a rl s on@l a

w . vi l l a no va . e du . Re c omme nde d C it at ion " R ive r a v . C omm P A" (2006). 2006 D e cisio n s . P ape r 1478. http://d i git alc ommon s .l a

w . vi l l a no va . e du/thir dc ir c uit_2006/1478UN I TED STATES CO UR T OF A PP EALS F O R T H E T H IR D C IR C U IT N o. 04- 2072 ANG EL RI VERA A ppel l ant v. C O M M O N W E A L T H O F P E N N S Y L V A N IA , et a l.

A p p ea l from the U n it ed S tat es D istri ct C o u rt f o r th e E a ste rn D istric t o f P e n n sy lv a n ia ( D . C . N o. 02- cv- 08399) D i s t r i ctJ udge: T he H onor abl e C har l es R . W ei ner

B efor e: B A R R Y , A M B R O and A L D I SE R T , C i r cui tJ udges OR DE R S UR P E T I T I ON F OR RE HE AR I NG AND R E HE AR I NG E N B ANC I tappea r i ng t hatt he Pet i t i on forPanel R ehea r i ng fi l ed byA ppel l anthavi ng been s ubm i t t ed t o t he j udges w ho par t i ci pat ed i n t he dec i s i on of t hi s C our t , and thatA ppel l ant has now r ai s ed a que s t i on notcont ai ned i n hi s br i ef thatw e maynevert hel es s cons i der b e c a u se it rela tes to ju risd ictio n , to- w it, a su g g e stio n th a t th e D istric t C o u rt v io late d R u le 5 8 ' s re q u ire m e n t th a t ev e ryju d g m e n t sh o u ld b e e n ter e d o n a se p a ra te d o c u m e n t, i t is O R D E R E D t hatt he pet i t i on forpanel r ehea r i ng i s her ebyG R A N T E D and thatt he2

opi ni on her et ofor e fi l ed i s her ebyV A C A T E D , and the C l er k D I R E C T E D t o s etup a br i efi ng s chedul e fort he part i es l i m i t ed t o t he R ul e 58 i s s ue onl yforcons i der at i on ata d a te to b e d e te rm in e d b yth e p a n e l. BY THE C OURT / s /R ugger o J . A l di s er t , C i r cui tJ udge

DATED: Ma

rch 7, 2006 CMD/cc: J ere my

A. Merc er, Esq. David J. Mus sel, Esq.
[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Notices]
[Page 26527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13271]



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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[CA-912-0777-52-241A]


Extension of Nomination Period for Bakersfield, Susanville, and 
Ukiah Resource Advisory Councils, California

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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

SUMMARY: The purpose of this notice is to extend the nomination period 
for three Bureau of Land Management Resource Advisory Councils in 
Bakersfield, Susanville, and Ukiah, California. This nomination period 
was announced in a Federal Register notice published April 4, 1996, and 
by press releases issued throughout California. Announcement of this 
extension was circulated to BLM's interested publics in a news release 
issued May 21, 1996.
    Nominations for Resource Advisory Councils should be sent to the 
appropriate BLM office: Bakersfield: Ron Fellows, 3801 Pegasus Drive, 
Bakersfield, CA 95482. Linda Hansen, 2950 Riverside Drive, Susanville, 
CA 96130 Renee Snyder, 2550 N. State Street, Ukiah, CA 95482.

DATES: The extended nomination period will close June 5, 1996.

FOR FURTHER INFORMATION CONTACT: Tony Staed, Bureau of Land Management, 
2800 Cottage Way, Room 2845, Sacramento, CA 95825, 916-979-2835.

Tony Staed,
Deputy State Director, External Affairs.
[FR Doc. 96-13271 Filed 5-24-96; 8:45 am]
BILLING CODE 4310-40-P
Board
      of
      Directors


**EYI
      Industries, Inc.**


**Burnaby,
      B.C. Canada**











**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**








We
      consent to the use of our audit report dated March 30, 2007, on the financial
      statements of EYI Industries, Inc. as of December 31, 2006, for the filing
      with
      and attachment to the Form S-8.











/s/
      Williams & Webster





Williams
      & Webster, P.S.


*Certified
      Public Accountants*


Spokane,
      Washington








March
      30,
      2007
DENY; and Opinion Filed February 26 , 2014. 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas
No. 05
- 14
- 00169
- CV IN RE PATRICK EDWARD BROWN , Relator Original Proceeding from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC
- 13
- 11859 

### MEMORANDUM OPINION Before Justices O'Neill, Lang, and Brown Opinion by Justice O'Neill Before the Court is relator’s petition for writ of mandamus. Relator cont ends that the trial court clearly abused its discretion in dismissing his case for want of prosecution despite his motion to compel arbitration and his objection to the date of the dismissal hearing. The facts and issues are well known to the parties, so we need not recount them herein. Relator’s petition does not comply with Rule 52.3 of the Texas Rules of Appellate Procedure. Relator has failed to provide a certified or sworn copy of the order complained of , has failed to provide an appendix, and has fa iled to certify that every factual statement in the petition is supported by competent evidence in the record. See T EX
. R. A PP
. P . 52.3 (g), (j) & (k). Thus, based on the record before us, the relator has not shown he is entitled to the relief requested. See T EX
. R. A PP
. P. 52.8(a); Walker v. Packer , 827 S.W.2d 833, 839

- 40 (Tex. 1992) (orig. proceeding). Moreover, even taking all of relator’s allegations as true, the petition demonstrates that relator has an adequate– 2

– remedy by appeal. Walker, 827 S.W.2 d at 842. Accordingly, we DENY the petition for writ of mandamus.

140169F.P05 /Michael J. O'Neill/ MICHAEL O’NEILL JUSTICE
CERTIFICATIONS

I, Jay Sargeant, Chief Executive Officer of EYI Industries,
Inc., certify that;

(1) I have reviewed this Annual Report on Form 10-KSB of EYI
Industries, Inc.;

(2) Based on my knowledge, this 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 report;

(3) Based on my knowledge, the financial statements, and other
financial information included in this 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 report;

(4) The registrant's other certifying officers and I are
responsible for establishing and maintaining disclosure c
ontrols and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) for the registrant and have:

a) Designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed under
our supervision, to ensure that material information relating
to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly
during the period in which this report is being prepared;

b) Evaluated the effectiveness of the registrant's disclosure
controls and procedures and presented in this report our
conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this
report based on such evaluation; and

c) Disclosed in this report any change in the registrant's
internal control over financial reporting that occurred during
the registrant's most recent fiscal quarter that has materially
affected, or is reasonably likely to materially affect, the
registrant's internal control over financial reporting; and

(5) The registrant's other certifying officer(s) and I have
disclosed, based on our most recent evaluation of the internal
control over financial reporting, to the registrant's auditors
and the audit committee of registrant's board of directors (or
persons performing the equivalent functions):

a) All significant deficiencies and material weaknesses in the
design or operation of internal control over financial reporting
which are reasonably likely to adversely affect the registrant's
ability to record, process, summarize and report financial
information; and

b) Any fraud, whether or not material, that involves management
or other employees who have a significant role in the registrant's
internal control over financial reporting.

Date:   		April 15, 2005



	/s/ Jay Sargeant
By: 	Jay Sargeant
Title:	Chief Executive Officer