alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

RUDY ABARCA

,

Appellant

,

v.

THE STATE OF TEXAS

,

State

. §

§

§

§

§

§

§ No. 08

- 1 9

- 00 038

- C R

Appeal from the

346 th D istrict C ourt

of El Paso C ounty, Texas

(TC# 201 5 0D0 4057 )

O R D E R

Pending before the Court is Appellant’s motion to supplement the reporter’s record with

the Motion to Suppress Identification hearing conducted on September 28, 2017. The motion is

GRANTED. The supplemental reporter’s record is due to be filed no later t han October 3, 2019

.

Further, t he Court GRANTS the Appellant’s fourth m otion for extension of time within

which to file the brief until October 14 , 201 9

. NO FURTHER MOTIONS FOR EXTENSION

OF TIME TO F ILE THE APPELLANT’S BR IEF WILL BE CONSID ERED BY THIS COURT.

It is further ORDERED that the Hon. Alexandria Serra

, the Appellant ’s attorney, prepare

the Appellant ’s brief and forward the same to this Court on or before October 14 , 2019

.

IT IS SO ORDERED this 1 8 th day of September , 20 1 9

.

PER CURIAM
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22
- 1464

MARIE THERESE ASSA’AD

- FALTAS, MD, MPH , Plaintiff

- Appellant ,

v. JOHN W. KITTREDGE, solely officially as Acting SC Chief Justice in SC Appellate Case 2021

- 000815, and solely for declaratory and injunctive relief , Defendant

- Appellee

.

Appeal from the United States District Court for the District of South Carolina , at Columbia

. Shiva Vafai Hodges, Magistrate Judge . ( 3:22

- cv - 00923

- TLW

- SVH )

Submitted : November 21, 2022 Decided: December 8, 2022

Before NIEMEYER, RUSHING , and HEYTENS , Circuit Judges.

Dismissed by un published per curiam opinion

.
Marie Therese Assa’ad

- Faltas, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-1464 Doc: 28 Filed: 12/08/2022 Pg: 1 of 22 PER CURIAM: Marie Therese Assa’ad

- Faltas seeks to appeal the magistrate judge’s text order denying her motion for recusal . This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain inter locutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541, 545

- 46 (1949). The order Assa’ad

- Faltas seeks to appeal is neither a final order nor an appealable interlocutory or collateral or der. See In re Virginia Elec. & Power Co. , 539 F.2d 357, 364 (4th Cir. 1976); see also Wyatt By & Through Rawlins v. Rogers , 92 F.3d 1074, 1080 (11th Cir. 1996) (“ An interlocutory appeal does not lie from the denial of a motion to disqualify a district judge. ”)

. Accordingly, we dismiss the appeal for lack of jurisdiction. We deny all pending motions. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED USCA4 Appeal: 22-1464 Doc: 28 Filed: 12/08/2022 Pg: 2 of 2
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 97-7041 RONALD E. BRANDT, SR., a/k/a Rank, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Robert G. Doumar, Senior District Judge. (CR-92-67, CA-97-48-4) Submitted: August 27, 1998 Decided: September 15, 1998 Before NIEMEYER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

_________________________________________________________________ Vacated and remanded by unpublished per curiam opinion.

_________________________________________________________________ COUNSEL Ronald E. Brandt, Sr., Appellant Pro Se. Harvey Lee Bryant, III, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

_________________________________________________________________ Unpublished opinions are not binding pr ecedent in this circuit. See Local Rule 36(c).

_________________________________________________________________OPINION PER CURIAM: Appellant appeals from a district court order that concluded his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998) was barred by the one-year limitations period of 28 U.S.C.A. § 2255. Appellant's conviction became final in February 1993, and he filed his § 2255 motion on April 21, 1997. Appellant had until April 23, 1997, to file his § 2255 motion. See Brown v. Angelone , ___ F.3d ___, 1998 WL 389030 (4th Cir. July 14, 1998) (Nos. 96-7173, 96- 7208). Therefore, his motion was not time barred. For these reasons, we grant a certificate of appealability on this issue, vacate the district court's order, and remand for further proceedings. 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. VACATED AND REMANDED 2
<PAGE>

                                                                    EXHIBIT 32.6

        Certification Pursuant to Section 1350 of Chapter 63 of Title 18
                            of the United States Code

     I, E. James Ferland, Chief Executive Officer of PSEG Energy Holdings
L.L.C., to the best of my knowledge, certify that (i) the Quarterly Report of
PSEG Energy Holdings LLC on Form 10-Q for the quarter ended June 30, 2004 (the
"Periodic Report") fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and (ii) the information contained
in the Periodic Report fairly presents, in all material respects, the financial
condition and results of operations of the PSEG Energy Holdings L.L.C.


                                   /s/ E. James Ferland
                                   ---------------------------------------------
                                   E. James Ferland
                                   PSEG Energy Holdings L.L.C.
                                   Chief Executive Officer
                                   July 30, 2004
<PAGE>

                                  EXHIBIT 32.1

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

     Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, each of the undersigned officers of Rand Capital
Corporation (the "Company"), does hereby certify, to such officer's knowledge,
that:

     The Quarterly Report on Form 10-Q for the quarter ended September 30, 2005
(the Form10-Q) of the Company fully complies with the requirement of section
13(a) or 15(d) of the Securities Exchange Act of 1934 and the information
contained in the Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of the Company.

Dated: November 4, 2005


                                        /s/ Allen F. Grum
                                        ----------------------------------------
                                        Allen F. Grum, President
                                        (Chief Executive Officer)

Dated: November 4, 2005


                                        /s/ Daniel P. Penberthy
                                        ----------------------------------------
                                        Daniel P. Penberthy, Treasurer
                                        (Chief Financial Officer)
exv10w14



 






EXHIBIT 10.14




       



September 15, 2004







Steven M. Paul, M.D.

Executive Vice President,
  Science
and Technology

Eli Lilly and Company

Lilly Corporate Center

Indianapolis, IN 46285



Re: Eligibility for Retirement Benefits




Dear Steve:



I wanted to confirm the details of your recent conversation with Sidney regarding your eligibility
for future retirement benefits. This letter replaces your prior letter dated July 17, 1997, on the
same subject.



On July 19, 2004, the Compensation Committee of the Board of Directors approved your eligibility
for an enhanced retirement benefit. Under this enhanced benefit, you will be entitled to 10 years
of benefit service credit in addition to your actual service with Lilly if you remain employed with
Lilly at least until November 30, 2010. Such service would be used to calculate your retirement
benefit only (provided through the Lilly Retirement Plan and the Lilly Excess Benefit Plan
(Retirement)). All of the terms of the Lilly Retirement Plan would apply, except that your benefit
will not be reduced for early retirement. Your additional service credit does not apply to other
benefits.



As described above, you will be required to work at least until November 30, 2010 to be eligible
for this enhanced retirement benefit. However, this minimum work requirement will be waived if any
of the following occur prior to November 30, 2010:





	 	•  	Your employment is terminated by Lilly, for any reason other than a disciplinary
termination (e.g., insubordination, misconduct) as defined in the Lilly Severance Pay
Plan;
	 
	 	•  	You become disabled under the terms of The Eli Lilly and Company Extended Disability
Plan; or
	 
	 	•  	a Change in Control occurs and you suffer a Covered Termination, as both terms are
defined under the Eli Lilly and Company Change in Control Severance Pay Plan for Select
Employees (“CIC Plan”). It is understood that in the event of such Covered
Termination, you would receive, in addition to the retirement benefit described above,
the Pension Supplement as set forth in Section 8.C. of the CIC Plan.










 








 










Steven M. Paul, M.D.

September 15, 2004

Page 2


If you do not satisfy this minimum work requirement or any of the conditions above for waiver of
the requirement, you will not be eligible for an enhanced retirement benefit, but would remain
eligible for any vested benefit under the Lilly Retirement Plan.



Steve, please let Sharon or me know if you have any questions. I look forward to your continued
work with Eli Lilly and Company.



	 	 	 	 	 
	 	ELI LILLY AND COMPANY

 	 
	 	By:  	     /s/ Pedro P. Granadillo
 	 
	 	 	Pedro P. Granadillo 	 
	 	 	Senior Vice President 	 
	 




	 	 	 
	cc:

	 	Sharon L. Sullivan
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 34 Introduced in House (IH)]

107th CONGRESS
  1st Session
H. J. RES. 34

    Proposing an amendment to the Constitution of the United States 
   relative to taxing the people of the United States progressively.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2001

  Mr. Jackson of Illinois introduced the following joint resolution; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
    Proposing an amendment to the Constitution of the United States 
   relative to taxing the people of the United States progressively.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled (two-thirds of each House 
concurring therein), That the following article is proposed as an 
amendment to the Constitution of the United States, which shall be 
valid to all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States:

                              ``Article--

    ``Section 1. The Congress of the United States shall tax all 
persons progressively in proportion to the income which they 
respectively enjoy under the protection of the United States.
    ``Section 2. The Congress shall have power to enforce this article 
by appropriate legislation.''.
                                 <all>
```
OFFiCE OF T?IE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

nonorable V. A. (;ollioa, kember 

I 80~~6 of tiegents 0r the state 

‘Peachare Colleges Of G.xam ’ Livingston, Tarrae, 

that .yotlr 1508 

aertaio impr 

Texas, the a 

in sav naraom, 

in should be paid 

was completed, warthe amount aped to be 

irered to Mr. lIartin, who 

them at a diaaouat of 

took in oelling~hio ware 0piniQn of this Departsther the Board must or 0011 

e .eurrent rumw , 

er is reaeirable by law as money, 

om 0r notes or aoin. hull V. ~First 

hational bank, 1.23 0. 6. 106, 31 L. ed, ~97. hr. gartin 

Is perhaps laboring under the misapprebeuclion that a warrant upon the Treasury of the State aonetituted l paVmentu 

of the State’ B obligation. This i8 inaorreat ; a warrant 

is efn;ply an order upon the state %easurer to pay, out 

of appropriated funds, as ana when the moneys are arallable, a specified 6um of money. Th1.s is the mavner prescribed by lau for the payment of obligations OP the 

state,, and all persons entering into covtraats with the 

State are charged with knwledge that payment will be 
Uonoroble v. A, Colllna - page a 

Mae in~suah mannsr ae aad whea monkys are on hand in 

the Treasury. such rarrants, vhen funds are available 

for-their psyment in due order, are psid in sourrent 

runcw. 

It has long been settled in this State that 

the holdsr of a warrant upon the Treasury of' the State, 

iasusd by the Comptroller, who sells the warrant at a 

dimaount, aannot hold the State liable for the loss he 

thus suetains; that an orriasr or the State has no pmer to obligate the State to pay auah least ana that 

the payment of such loss in prohlbitsd by Ssctlon 44 

or Artiole 3 or the State Con8tltutl0n. State t. Wllcon, 81 f. 291, 9 2. w. l26. 

very truly yours 

ATl'OjblSX PltYEiUL OB TR2AF.t 

2. 1. R'alrahlld 

AssLstant
[Federal Register Volume 73, Number 174 (Monday, September 8, 2008)]
[Notices]
[Page 52071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20687]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,903]


Gramercy Jewelry Manufacturing Corp., New York, NY; Notice of 
Termination of Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on August 19, 2008 in response to a 
petition filed by a company official on behalf of workers of Gramercy 
Jewelry Manufacturing Corp., New York, New York.
    The petitioner has requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed at Washington, DC, this 29th day of August 2008.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-20687 Filed 9-5-08; 8:45 am]
BILLING CODE 4510-FN-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6170

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

BRYANT LEGREE,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Orangeburg. Charles E. Simons, Jr., Senior

District Judge. (CR-93-92, CA-97-1102-6-5)

Submitted: July 2, 1998 Decided: July 22, 1998

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

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Bryant Legree, Appellant Pro Se. Cameron Glenn Chandler, Assistant

United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court’s order denying

his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998).

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

find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district

court. United States v. Legree, Nos. CR-93-92; CA-97-1102-6-5

(D.S.C. Jan. 9, 1998). 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.

DISMISSED
Presidential Documents

51209 

Federal Register 

Vol. 73, No. 170 

Tuesday, September 2, 2008 

Title 3— 

The President 

Executive Order 13471 of August 28, 2008 

Further Amendments To Executive Order 13285, President’s 

Council On Service And Civic Participation 

By the authority vested in me as President by the Constitution and the 

laws of the United States, and in order to increase the membership and 

extend the duration of the President’s Council on Service and Civic Participation, it is hereby ordered that Executive Order 13285 of January 29, 2003, 

as amended, is further amended as follows: 

Section 1. Section 1 is amended by adding at the end of section 1 the 

following new subsection: ‘‘(c) To conduct and vote on official business 

during meetings, the Council must convene a quorum of at least 10 Council 

members.’’ 

Sec. 2. Section 4(b) is amended to read: ‘‘(b) Unless further extended by 

the President, this order shall expire on June 30, 2009.’’ 

Sec. 3. Section 4 is amended by adding at the end thereof the following 

new subsection: 

‘‘(c) This order is not intended to, and does not, create any right or benefit, 

substantive or procedural, enforceable at law or in equity, by any party 

against the United States, its departments, agencies, or entities, its officers, 

employees, or agents, or any other person.’’ 

THE WHITE HOUSE, 

August 28, 2008 

[FR Doc. E8–20436 

Filed 8–29–08; 8:45 am] 

Billing code 3195–01–P 


erowe on PROD1PC71 with MISCELLANEOUSGWBOLD.EPS</GPH>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6910

RICHARD WADE KENDRICK,

Plaintiff - Appellant,

versus

M.E. GILLUHUGH; BRUCE DINGER,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge.

(CA-97-363-R)

Submitted: November 18, 1997 Decided: January 9, 1998

Before MURNAGHAN, WILKINS, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Richard Wade Kendrick, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant, a Virginia inmate, appeals the district court's

order denying relief on his 42 U.S.C. § 1983 (1994) complaint under

28 U.S.C.A. § 1915A (West Supp. 1997). We have reviewed the record

and the district court's opinion and find that this appeal is

frivolous. Accordingly, we affirm on the reasoning of the district

court. Kendrick v. Gilluhugh, No. CA-97-363-R (W.D. Va. June 20,

1997). 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
EXHIBIT 32.4

        CERTIFICATION PURSUANT TO SECTION 1350 OF CHAPTER 63 OF TITLE 18
                            OF THE UNITED STATES CODE

      I, Ralph Izzo, Chief Executive Officer of PSEG Power LLC, to the best of
my knowledge, certify that (i) the Quarterly Report of PSEG Power LLC on Form
10-Q for the period ended March 31, 2007 (the "Report") fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and (ii) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of PSEG
Power LLC.

                                  /s/ Ralph Izzo
                                ----------------------------------------
                                  RALPH IZZO
                                  PSEG Power LLC
                                  Chief Executive Officer
                                  May 4, 2007
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 Veterans Affairs

In compliance with section 13 of Public Law 92-463 (Federal Advisory Committee Act) notice is hereby given that the 2008 Annual Report of the Department of Veterans Affairs (VA) Advisory Committee on Women Veterans has been issued. The report summarizes activities and recommendations of the Committee on matters relative to VA programs and policies affecting women veterans. It is available for public inspection at two locations:

Mr. Richard Yarnall, Federal Advisory Committee Desk, Library of Congress, Anglo-American Acquisition Division, Government Documents Section, Room LM-B42, 101 Independence Avenue, SE., Washington, DC 20540-4172; and

Department of Veterans Affairs, Center for Women Veterans, Suite 438 (00W), 810 Vermont Avenue, NW., Washington, DC 20420.

Dated: September 3, 2008.
      ( print page 52900)    
By Direction of the Secretary.

E. Philip Riggin,

Committee Management Officer.

[FR Doc. E8-21051 Filed 9-10-08; 8:45 am]

BILLING CODE 8320-01-P
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.                  

###### Environmental Protection Agency

          - [EPA-HQ-ORD-2008-0200; FRL-8710-4]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Notice of Cancellation of Meeting.

# SUMMARY:

                        The Environmental Protection Agency, Office of Research and Development (ORD), announces the cancellation of a meeting of the Board of Scientific Counselors (BOSC) Water Quality Mid-Cycle Subcommittee. This meeting, a teleconference September 15, 2008, was announced in a                         **Federal Register**                         Notice published on Friday, August 15, 2008 (73 FR 47949). The purpose of this meeting was to prepare for the September 23 face-to-face meeting of the subcommittee. The proposed agenda topics will be covered during the September 4, 2008 meeting (telecon).                    

# FOR FURTHER INFORMATION CONTACT:

                        The Designated Federal Officer via mail at: Susan Peterson, Mail Code 8104-R, Office of Science Policy, Office of Research and Development, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; via phone/voice mail at: (202) 564-1077; via fax at: (202) 565-2911; or via e-mail at:                         *peterson.susan@epa.gov*.                    

Dated: August 26, 2008.

Fred Hauchman,

Director, Office of Science Policy.

[FR Doc. E8-20387 Filed 9-2-08; 8:45 am]

BILLING CODE 6560-50-P