alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

TYRELL RICHARDSON,

Petitioner,

v. Case No. 09-cv-11088

Honorable Avern Cohn

DEBRA L. SCUTT,

Respondent.

______________________________/

ORDER DENYING PETITIONER’S MOTION FOR DEFAULT 

JUDGMENT AS MOOT AND COMPELLING RESPONDENT TO 

PRODUCE THE NECESSARY RULE 5 MATERIALS

This is a habeas case under 28 U.S.C. § 2254. Petitioner Tyrell Richardson is a

state inmate at the G. Robert Cotton Correctional Facility in Jackson, Michigan. Petitioner,

proceeding pro se, filed a petitioner for a writ of habeas corpus, alleging that he is

incarcerated in violation of his constitutional rights. Before the Court is Petitioner’s motion

for default.

Petitioner filed his habeas petition on March 24, 2009. On March 30, 2009, the

Court signed an order of responsive pleading, requiring Respondent to file an answer in

accordance with Rule 5 of the habeas corpus rules by September 30, 2009. The order

specifically stated that as part of the answer, Respondent shall file a copy of any prior

decisions, pleadings, briefs and transcripts needed to adjudicate the issues presented. Id.

Petitioner seeks a default because Respondent has not complied with the Court’s order.

A default judgment is generally unavailable in a habeas corpus proceeding on the ground

2:09-cv-11088-AC-MKM Doc # 11 Filed 10/14/09 Pg 1 of 2 Pg ID 207
2

that government officials failed to file a response to the petition. See, e.g., Allen v. Perini,

424 F.2d 134, 138 (6th Cir. 1970).

Respondent did however file her answer on September 30, 2009, but failed to file

the necessary Rule 5 materials. Those materials are necessary for resolving Petitioner’s

claims.

Therefore, the Court denies Petitioner’s request as to Respondent’s failure to file her

answer as moot. Regarding the filing of the necessary Rule 5 materials, the Court orders

Respondent to file those materials within twenty-one days from the date of this order.

SO ORDERED.

 s/ Avern Cohn 

AVERN COHN

UNITED STATES DISTRICT JUDGE

Dated: October 14, 2009

I hereby certify that a copy of the foregoing document was mailed to Tyrell Richardson,

601396, G. Robert Cotton Correctional Facility, 3500 N. Elm Road, Jackson, MI 49201 and

the attorneys of record on this date, October 14, 2009, by electronic and/or ordinary mail.

 s/ Julie Owens 

Case Manager, (313) 234-5160

2:09-cv-11088-AC-MKM Doc # 11 Filed 10/14/09 Pg 2 of 2 Pg ID 208
Exhibit 32.1

CERTIFICATIONPursuant to 18 U.S.C. 1350
(Section 906 of the Sarbanes-Oxley Act of 2002)

In
connection with the Quarterly Report on Form 10-Q of WORLD SERIES OF GOLF, INC.
(the Company) for the period ended March 31, 2010, as filed with the
Securities and Exchange Commission on the date hereof (the Report), Joseph F.
Martinez, as Chief Executive Officer and Chief Financial Officer of the
Company, hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to
§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 results of operations of the Company.

|                    |     |                                                  
|------------------- | --- | -------------------------------------------------
|Date: May
 24, 2010 | By: | /s/ Joseph
 F. Martinez                          
|                    |     |                                                  
|                    |     | Joseph F.
 Martinez                              
|                    |     | Chief
 Executive Officer, Chief Financial Officer
|                    |     | and
 Principal Accounting Officer                
|                    |     |                                                  
|                   

This
certification accompanies each Report pursuant to § 906 of the Sarbanes-Oxley
Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley
Act of 2002, be deemed filed by the Company for purposes of §18 of the
Securities Exchange Act of 1934, as amended.

A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.

---
[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Notices]
[Pages 34422-34423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16863]


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

DEPARTMENT OF COMMERCE
[I.D. 061796E]


Marine Mammals; Permit No. 837 (P771#67)

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Scientific research permit modification.

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

SUMMARY: Notice is hereby given that a request for modification of 
scientific research permit no. 837 submitted by the National Marine 
Mammal Laboratory has been granted.

ADDRESSES: The modification and related documents are available for 
review upon written request or by appointment in the following 
office(s):
    Permits Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Suite 13130, Silver Spring, MD 20910 (301/713-2289);
    Director, Alaska Region, NMFS, P.O. Box 21688, Juneau, AK 99802-
1668 (907/586-7221); and
    Director, Northwest Region, NMFS, 7600 Point Way NE, BIN C15700, 
Building 1, Seattle, WA 98115-0070 (206/526-6150).

SUPPLEMENTARY INFORMATION: On May 6, 1996, notice was published in the 
Federal Register (61 FR 20244) that a modification of permit no. 837, 
issued

[[Page 34423]]

June 4, 1993, had been requested by the above-named organization. The 
requested modification has been granted under the authority of the 
Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et 
seq.), the provisions of paragraphs (d) and (e) of Sec. 216.33 of the 
Regulations Governing the Taking and Importing of Marine Mammals (50 
CFR part 216).
    The modification adds St. Paul and St. George as locations where 
roundups are authorized; increases the numbers that may be incidentally 
harassed, captured, weighed and measured on Bogoslof Island; adds 
harnesses or epoxy glue as means to attach time wet recorders; 
increases numbers to be fitted with time wet recorders on St. Paul and 
St George Islands; and authorizes the use of enemas St. Paul Island and 
St. George Island.

    Dated: June 18, 1996.
Ann D. Terbush,
Chief, Permits and Documentation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 96-16863 Filed 7-1-96; 8:45 am]
BILLING CODE 3510-22-F
EXHIBIT 32.2





CERTIFICATION PURSUANT TO 18 U.S.C. 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




In connection with the Quarterly Report of Freshwater Technologies, Inc. (the “Company”) on Form 10-Q for the period ending March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, D. Brian Robertson, Principal Financial Officer and Principal Accounting 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:





(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 position and results of operations of the Company.





Date: May 13, 2011





/s/ D. Brian Robertson


D. Brian Robertson


Chief Financial Officer, Treasurer and Director


(Principal Financial Officer and Principal Accounting Officer)
#### John Mark FETCHIN, Petitioner v. Lionel MENO, Commissioner of Education of the State of Texas, the Central Education Agency, By and Through the Commissioner of Education, and Lewisville Independent School District, Respondents. YSLETA INDEPENDENT SCHOOL DISTRICT, Petitioner v. Lionel R. MENO, Commissioner of Education and Texas Education Agency, Respondents.

Nos. 95-0921, 95-1007.

Supreme Court of Texas.

Feb. 9, 1996.

*962Carmen E. Rodriguez, El Paso, for Petitioners.

Frank J. Knapp, Jr. and Dan Morales, Austin, for Respondents.

On Application FOR Writ of ERROR to the Court of Appeals for the Third District of Texas

PER CURIAM.

In these administrative appeals, the court of appeals held that it could not consider the administrative record because the appellants sent it to the appellate court as part of the transcript. *See*909 S.W.2d 544, 546. Today, we have held that an appellant may file the administrative record in an appeal governed by the Administrative Procedure Act in the appellate court as part of a statement of facts or transcript so long as a court reporter’s certificate or other evidence demonstrates that the trial court admitted the record. *See Nueces Canyon Consol. Indep. Sch. Dist. v. Central Educ. Agency,*917 S.W.2d 773, 776 (Tex.1996) (per curiam). These court of appeals decisions conflict with *Nueces Canyon.*Accordingly, under Texas Rule of Appellate Procedure 170 and without hearing oral argument, the Court grants the applications for writ of error, reverses the judgments of the court of appeals, and remands these causes to the court of appeals.
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 0**  **9 -**  **80 16** 

FRED LEWIS WILSON , Plaintiff

– Appell ant ,

v. TRACY RAY, Warden ; ASSISTANT WARDEN, ROSP; L. COLLINS, Sergeant; D. MCCOWAN, Sergeant; TONY ADAMS, I.I.; J. BLEVINS, L ieutenant , Defendant s – Appell ee s .

Appeal from the United States District Court for the We stern District of Virginia , at Roanoke

. Glen E. Conrad , District Judge. ( 7 : 0 9

- cv - 0 0 418

- gec - mfu )

Submitted : July 28, 2010 Decided: August 17, 2010

Be fore NIEMEYER , DUNCAN , and KEENAN , Circuit Judges.

Affirme d by un published per curiam opinion

.

Fred Lewis Wilson , Appellant Pro Se

.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Fred Lewis Wilson appeals the district court ’ s order dismissing his 42 U.S.C. § 1983 (2006) inmate civil rights
action . We have reviewed the record and find no reversible error. Accordingly, we deny Wilson’s motion for injunctive relief pending appeal and affirm for the reasons stated by the
district court. Wilson v. Ray , No. 7:09

- cv - 00418

- gec - mfu ( W .D.

Va. Oct. 27, 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
decisiona l process.

AFFIRMED
UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

WILLARD L. SLOAN, EUGENE J. 

WINNINGHAM, and JAMES L. KELLEY,

 Plaintiffs, 

 v. 

BORGWARNER INC., BORGWARNER 

DIVERSIFIED TRANSMISSION 

PRODUCTS INC., and BORGWARNER 

FLEXIBLE BENEFITS PLANS, 

 Defendants. 

Case 2:09-cv-10918-PDB-MKM 

U.S. District Judge Paul D. Borman 

U.S. Magistrate Judge Mona K. Majzoub 

BORGWARNER’S SUPPLEMENTAL 

APPENDIX OF SUMMARY JUDGMENT EXHIBITS 

VOLUME 2 

Exhibit Description 

Volume 1 

26 Letter from J.E. Reising to Allan Dulaney (Aug. 4, 1989) (DTP004527–

DTP004529) (Pls.’ Dep. Ex. 111) 

27 Letter from Jack Reising to Retirees/Survivors (Sept. 14, 1989) (DTP004639–

DTP004642) (Pls.’ Dep. Ex. 3) 

28 Retirement Checklist (Nov. 1990) (CM000085) (Pls.’ Dep. Ex. 10) 

29 Memorandum from Laura Hess to Chuck Smith (Oct. 9, 1992) (INTL UAW 

001369–INTL UAW 001373) (Champagne Dep. Ex. 20) 

30 Response to Comments of Laura Hess (Oct. 13, 1992) (UAW001450–

UAW001457) (Champagne Dep. Ex. 21) 

31 Letter from Laura Hess to John C. Daffara (Nov. 23, 1992) (DTP007197–

DTP007221) (Champagne Dep. Ex. 23) 

32 Retirement Checklist for LaRue Cross (June 23, 2005) (BWBF00001074) (Cross 

Dep. Ex. 4) 

33 Deposition of LaRue Cross (Jan. 6, 2012) 

2:09-cv-10918-PDB-MKM Doc # 110 Filed 06/14/12 Pg 1 of 3 Pg ID 6333
 2 

Exhibit Description 

34 Deposition of Jack Reising (Feb. 8, 2012) 

Volume 2 

35 Deposition of Charles G. Smith (Jan. 6, 2012) 

36 Deposition of George Turczynowsky (Nov. 16, 2011) 

Dated: June 14, 2012 

Elisa Angeli Palizzi (P52088) 

(angeli@millercanfield.com) 

Miller, Canfield, Paddock and Stone, P.L.C. 

150 West Jefferson, Suite 2500 

Detroit, Michigan 48226 

313.496.7635 

313.963.6420 fax 

Respectfully submitted, 

s/Bobby R. Burchfield

Bobby R. Burchfield 

(bburchfield@mwe.com) 

Joshua David Rogaczewski 

(jrogaczewski@mwe.com) 

McDermott Will & Emery LLP 

600 13th Street, Northwest 

Washington, D.C. 20005 

202.756.8000 

202.756.8087 fax 

Attorneys for BorgWarner Inc., BorgWarner Diversified Transmission Products Inc., and 

BorgWarner Flexible Benefits Plans

2:09-cv-10918-PDB-MKM Doc # 110 Filed 06/14/12 Pg 2 of 3 Pg ID 6334
CERTIFICATE OF SERVICE 

I hereby certify that on June 14, 2012, I electronically filed the foregoing BorgWarner’s 

Supplemental Appendix of Summary Judgment Exhibits, Volume 2 with the Clerk of the 

Court using the ECF system which will send notification of such filing to all ECF participants. 

s/Bobby R. Burchfield

Bobby R. Burchfield 

(bburchfield@mwe.com) 

McDermott Will & Emery LLP 

600 13th Street, Northwest 

Washington, D.C. 20005 

202.756.8000 

202.756.8087 fax 

2:09-cv-10918-PDB-MKM Doc # 110 Filed 06/14/12 Pg 3 of 3 Pg ID 6335
2:09-cv-10454-VAR-LJM Doc # 159 Filed 06/21/13 Pg 1 of 1 Pg ID 3409
#### Robert DURANT, Appellant, v. STATE of Missouri, Respondent.

No. WD 52087.

Missouri Court of Appeals, Western District.

Aug. 13, 1996.

James C. Cox, Asst. Appellate Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.

Before ELLIS, P.J., and LOWENSTEIN and LAURA DENVIR STITH, JJ.

ORDER

PER CURIAM.

Movant sought post-conviction relief under Rule 24.035. The motion court, without evi-dentiary hearing, denied the motion. Affirmed. Rule 84.16(b).
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

THURMAN LILLY, Individually

and as a Personal Representative

of the Estate of Sadie Mae Lilly, 

Plaintiff,

v.

HARPER HOSPITAL ASSOCIATES 

INCORPORATED, and JOHN DOE 1-4,

Defendants.

/

Case no. 09-11900

HONORABLE JOHN CORBETT O’MEARA

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the court on Magistrate Judge Virginia M. Morgan's December 03,

2009, Report and Recommendation. No objections have been filed. The court having fully

reviewed the matter;

IT IS HEREBY ORDERED that the report and recommendation is ADOPTED as the

findings and conclusions of this court. 

IT IS FURTHER ORDERED that consistent with the report and recommendation,

Defendant Harper Hospital's motion for summary judgment [docket entry #12] is GRANTED,

and the John Doe defendants are DISMISSED.

s/John Corbett O'Meara 

United States District Judge

Date: December 30, 2009

5:09-cv-11900-JCO-VMM Doc # 19 Filed 12/30/09 Pg 1 of 2 Pg ID 144
I hereby certify that a copy of the foregoing document was served upon the parties of

record on this date, December 30, 2009, using the ECF system and/or ordinary mail.

s/William Barkholz

Case Manager

5:09-cv-11900-JCO-VMM Doc # 19 Filed 12/30/09 Pg 2 of 2 Pg ID 145
<PAGE>

                                                                    EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                            Section 906 Certification

Pursuant to 18 U.S.C. Section 1350, the undersigned officer of EchoStar DBS
Corporation (the "Company"), hereby certifies that to the best of his knowledge
the Company's Annual Report on Form 10-K for the year ended December 31, 2003
(the "Report") fully complies with the requirements of Section 13(a) or 15(d),
as applicable, of the Securities Exchange Act of 1934 and that the information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.

                                   Dated: March 29, 2004

                                   Name: /s/ Charles W. Ergen
                                         ---------------------------------------

                                   Title: Chairman of the Board of Directors and
                                           Chief Executive Officer

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to the Company and will be retained
by the Company and furnished to the Securities and Exchange Commission or its
staff upon request.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

THOMAS LEE PICKETT,

Defendant.

 /

Case No. 09-20195

Honorable John Corbett O’Meara

ORDER DENYING

DEFENDANT’S NOVEMBER 8, 2009 MOTION TO DISMISS

This matter came before the court on defendant Thomas Lee Pickett’s November 8, 2009

Motion to Dismiss for Lack of Federal Jurisdiction. The government filed a response November 12,

2009. Pursuant to Local Rule 7.1(e)(2), no oral argument was heard.

Defendant Thomas Lee Pickett is charged in a multi-count indictment with Sexual

Exploitation of Children in violation of 18 U.S.C. § 2251(a), and Possession of Child Pornography

in violation of 18 U.S.C. § 2252A(a)(4)(B). In his motion defendant Pickett brings facial and asapplied constitutional challenges to the two statutes.

The United States Court of Appeals for the Sixth Circuit has repeatedly rejected such

challenges to the statutes. See United States v. Brown, 2006 WL 3203747 (6th Cir. Nov. 6, 2006);

United States v. Chambers, 441 F.3d 438 (6th Cir. 2006); and United States v. Andrews, 383 F.3d

374 (6th Cir. 2004).

Section 2251(a) prohibits the use of a minor in “any sexually explicit conduct for the purpose

of producing any visual depiction of such conduct . . . if that visual depiction was produced using

materials that have been mailed, shipped, or transported in interstate or foreign commerce . . . .”

5:09-cr-20195-JCO-DAS Doc # 30 Filed 12/08/09 Pg 1 of 2 Pg ID 295
2

Likewise, Section 2252(a)(4)(B) prohibits the possession of child pornography “produced using

materials which have been mailed or [] shipped or [] transported” in interstate or foreign commerce.

In this case there is no dispute that defendant Pickett’s pictures were produced using an Olympus

digital camera manufactured in Korea.

Defendant argues that the jurisdictional nexus created by Congress is unconstitutional, both

facially and as applied to him. Pickett concedes, however, that this same argument was rejected in

United States v. Chambers, 441 F.3d 438 (6th Cir. 2006). In United States v. Bowers, 2007 WL

4465263 (E.D. Mich. Dec. 17, 2007), this court recently held that “the Sixth Circuit has repeatedly

found that the production of pornography using equipment or materials produced in other states or

countries sufficiently affects interstate commerce to pass constitutional muster.” Id. at *3. The

cases relied upon by defendant Pickett, notably United States v. Corp, 236 F.3d 325 (6th Cir. 2001),

pre-date Chambers. This court cannot ignore binding precedent. Accordingly, the court will deny

defendant Pickett's motion to dismiss.

ORDER

It is hereby ORDERED that defendant Pickett's November 8, 2009 motion to dismiss for lack

of federal jurisdiction is DENIED.

s/John Corbett O'Meara 

United States District Judge

Date: December 8, 2009

I hereby certify that a copy of the foregoing document was served upon the parties of record on this date,

December 8, 2009, using the ECF system and/or ordinary mail.

s/William Barkholz

Case Manager

5:09-cr-20195-JCO-DAS Doc # 30 Filed 12/08/09 Pg 2 of 2 Pg ID 296
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                                 18 U.S.C. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of MINHAS ENERGY CONSULTANTS,  INC. (the
"Company")  on Form 10-Q for the period ended June 30,  2008,  as filed with the
Securities  and  Exchange  Commission  on the date  hereof  (the  "Report"),  I,
Manmohan Minhas, 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
2002, 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.


                                           /s/ Manmohan Minhas
                                           -------------------------------------
Date: July 29, 2008                        Manmohan Minhas
                                           President and Chief Executive Officer
                                           Principal Executive Officer
Exhibit 4.10

 

Summary of Syndicate Loan Agreement dated August 7, 2013, between Semiconductor Manufacturing International (Shanghai) Corporation, Semiconductor Manufacturing International Corporation, as guarantor, and Bank of China, The Export-Import Bank of  China, China Development Bank, China Construction Bank and Bank of Shanghai.

 

On August 7, 2013, Semiconductor Manufacturing International (Shanghai) Corporation (“SMIC Shanghai”) entered into a seven-year loan agreement with an aggregate principal amount of US$470 million with a syndicate financial institutions based in the PRC including Bank of China, The Export-Import Bank of China, China Development Bank, China Construction Bank and Bank of Shanghai.

 

The draw-down period under the loan is one year. The loan is repayable in eleven semi-annual installments beginning in August 2015. The Registrant has guaranteed SMIC Shanghai’s obligations under the loan, which is also secured by the manufacturing equipment located in the SMIC Shanghai 12-inch fabs and buildings of SMIC Shanghai.

 

Any of the following in respect of SMIC Shanghai would constitute an event of default during the term of the loan agreement:

 

1.    (Short-term Loans + Long-term Debt Current Portion + Long-term Bank Loans)/Total Equity is more than 70%; or

 

2.    (Net profit + Depreciation + Amortization + Income Tax Provision + Financial Expenses)/Financial Expenses is less than 550% in 2013, and less than 1000% after 2013; or

 

3.    (Total Equity - Acquired Intangible Assets Net) is less than US$800 million in 2013, and less than US$1,000 million after 2013.
#### Darrell KIND, Appellant, v. STATE of Missouri, Respondent.

No. WD 52177.

Missouri Court of Appeals, Western District.

Dec. 24, 1996.

Motion for Rehearing and/or Transfer to Supreme Court Denied Jan. 28, 1997.

Application to Transfer Denied March 25, 1997.

Rosemary E. Pereival, Assistant Appellate Defender, Kansas City, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Kurt U. Schaefer, Asst. Atty. Gen., Jefferson City, for Respondent.

Before SPINDEN, P.J., and SMART and EDWIN H. SMITH, JJ.

*ORDER*

PER CURIAM.

Appellant appeals the denial of his Rule 24.035 motion without an evidentiary hearing following his conviction for one count of burglary, § 569.160.

Affirmed. Rule 84.16(b).