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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21-6516

DAVID JOSEPH ANNARELLI,

Petitioner - Appellant,

v.

HAROLD W. CLARKE, Director, Virginia Dep’t of Corr.,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at 

Roanoke. Elizabeth Kay Dillon, District Judge. (7:20-cv-00025-EKD-JCH)

Submitted: September 16, 2022 Decided: October 14, 2022

Before GREGORY, Chief Judge, QUATTLEBAUM, Circuit Judge, and FLOYD, Senior 

Circuit Judge.

Dismissed by unpublished per curiam opinion.

David Joseph Annarelli, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 21-6516 Doc: 29 Filed: 10/14/2022 Pg: 1 of 2
2

PER CURIAM:

David Joseph Annarelli seeks to appeal the district court’s order denying relief on 

his 28 U.S.C. § 2254 petition. The order is not appealable unless a circuit justice or judge 

issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A). 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). When the district court denies relief on the merits, a 

prisoner satisfies this standard by demonstrating that reasonable jurists could find the 

district court’s assessment of the constitutional claims debatable or wrong. See Buck v. 

Davis, 137 S. Ct. 759, 773-74 (2017). 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 constitutional 

right. Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 

U.S. 473, 484 (2000)). 

We have independently reviewed the record and conclude that Annarelli has not 

made the requisite showing. Accordingly, we deny a certificate of appealability and 

dismiss the appeal. We deny Annarelli’s motions for injunctive relief, discovery, and 

appointment of counsel. 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: 21-6516 Doc: 29 Filed: 10/14/2022 Pg: 2 of 2
Exhibit 32.02

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 Sbarro, Inc. (the Company) on Form 10-Q for the period ended
September 26, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Carolyn M. Spatafora, 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 to my knowledge:



| | (1) | The Report fully complies with the requirements of Section 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: November 10, 2010

|                                            
|--------------------------------------------
|                                            
|/s/ Carolyn M. Spatafora                    
|Carolyn M. Spatafora                        
|Chief Financial Officer                     
|(Principal Financial and Accounting Officer)

NOTE: A signed original of this certification 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.
#### Eugene KING v. STATE.

6 Div. 712.

Court of Appeals of Alabama.

April 30, 1935.

RICE, Judge.

Appeal dismissed.
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We hereby consent to the incorporation by reference into theRegistration Statements on Form S-8 (see File No. 333-17883, effective December31, 1996) of our report dated March 21, 2008, with respect to the consolidatedfinancial statements of Photonic Products Group, Inc. and Subsidiaries includedin the Annual Report on Form 10-K for the year ended December 31, 2007.

 

 

 

 

 
| /s/ HOLTZ  RUBENSTEIN REMINICK LLP |   |
|------------------------------------|--------|
| Melville,  New York                |
| March 28,  2008                    |

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

----
<PAGE>


ADDENDUM
to Employment Agreement




The validity of the employment agreement between Marine Shuttle Operations Inc.
(the "Corporation"), formerly named Geoteck International Inc., and Mr. Iqbal
Akram (the "Employee") signed on 14/4/98 will be extended up to 30/6/01 on the
existing terms and conditions.







10/4/2000





-----------------------------------         ------------------------------------
Marine Shuttle Operations Inc.              Iqbal Akram
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
This schedule  contains summary financial  information  extracted from Form 10-Q
for the three months ended March 31, 1999 for May Limited Partnership 1984-3 and
is qualified in its entirety by reference to such Form 10-Q.
</LEGEND>
<CIK>                         0000765946
<NAME>                        May Limited Partnership 1984-3
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   MAR-31-1999
<CASH>                                         153
<SECURITIES>                                   0
<RECEIVABLES>                                  69
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         105
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 327
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   327
<SALES>                                        81
<TOTAL-REVENUES>                               83
<CGS>                                          0
<TOTAL-COSTS>                                  13
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                55
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            55
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   55
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
        


</TABLE>
<PAGE>   1

                                                                 EXHIBIT 10.32.5


                            SEVENTH AMENDMENT TO THE
                           WESTERN DIGITAL CORPORATION
                         SAVINGS AND PROFIT SHARING PLAN

        WHEREAS, Western Digital Corporation (the "Company") previously adopted
the Western Digital Corporation Savings and Profit Sharing Plan (the "Plan");
and

        WHEREAS, the terms of the Plan are set forth in an amended and restated
Plan document, dated June 23, 1995, as thereafter amended by the First Amendment
dated June 30, 1995; the Second Amendment dated March 27, 1996; the Third
Amendment dated January 9, 1997; the Fourth Amendment dated March 20, 1997; the
Fifth Amendment dated November 13, 1997; and the Sixth Amendment dated January
27, 2000; and

        WHEREAS, Section 17.1 of the Plan authorizes the Company to amend the
Plan by action of its Board of Directors; and

        WHEREAS, the Company desires to amend the Plan in certain respects.

        NOW, THEREFORE, the Plan is amended as follows:

        1. Effective January 1, 2000, Section 2.14.2.5 shall be amended in its
entirety to read as follows:

             2.14.2.5. any person who is recorded on the books and records of an
        Employer or Affiliated Company as an independent contractor, summer
        intern, consultant, or temporary employee; a worker provided by a
        third-party temporary staffing agency; or any person with respect to
        whom a written agreement governing the relationship between such person
        and an Employer or Affiliated Company provides in substance that such
        person shall not be an Eligible Employee hereunder; and

        2. Effective January 1, 2000, a new Section 2.14.2.6 shall be added
which reads as follows:

              2.14.2.6 any person who is not treated by an Employer or an
        Affiliated Company as a common law employee without regard to the
        characterization or recharacterization of such individual's status by
        any court or governmental agency.

        3. Except as expressly provided herein above, the provisions of the Plan
shall continue in full force and effect as set forth herein.

        IN WITNESS WHEREOF, the Company has caused this Seventh Amendment to the
Plan to be executed by its duly authorized officer on this ____ day of March,
2000.


                                      WESTERN DIGITAL CORPORATION


                                      By: /s/ MICHAEL A. CORNELIUS
                                          --------------------------------------
                                          Name: Michael A. Cornelius
                                          Title: Vice President
[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Notices]
[Page 58250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23591]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Cancer Institute; Notice of Meeting

    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 meeting of 
the President's Cancer Panel.
    The meeting will be open to the public as indicated below, with 
attendance limited to space available. Individuals who plan to attend 
and need special assistance, such as sign language interpretation or 
other reasonable accommodations, should notify the Contact Person 
listed below in advance of the meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in section 552b(c)(9)(B), Title 5 U.S.C., as 
amended, because the premature disclosure of these discussions would be 
likely to significantly frustrate implementation of recommendations.

    Name of Committee: President's Cancer Panel.
    Date: October 21, 2008.
    Open: October 21, 2008, 8 a.m.-3:15 p.m.
    Agenda: Environmental Factors in Cancer.
    Place: Omni Severin Hotel, 40 West Jackson Place, Indianapolis, 
IN 46204.
    Closed: October 21, 2008, 4 p.m.-7 p.m.
    Agenda: Discussion of testimony given in open session on 
Environmental Factors in Cancer; consideration of thematic concepts 
for the 2009/2010 series.
    Place: Omni Severin Hotel, 40 West Jackson Place, Indianapolis, 
IN 46204.
    Contact Person: Abby Sandler, PhD, Executive Secretary, National 
Cancer Institute, National Institutes of Health, Building 6116, Room 
220, MSC 8349, 6116 Executive Boulevard, Bethesda, MD 20892, 301/
451-9399.

    Any interested person may file written comments with the 
committee by forwarding the comments to the Contact Person listed on 
this notice. The comments should include the name, address, 
telephone number and, when applicable, the business or professional 
affiliation of the interested person.
    Information is also available on the Institute's/Center's home 
page: deainfo.nci.nih.gov/advisory/pcp/pcp.htm, where an agenda and 
any additional information for the meeting will be posted when 
available.

(Catalogue of Federal Domestic Assistance Program Nos. 93.392, 
Cancer Construction; 93.393, Cancer Cause and Prevention Research; 
93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer 
Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer 
Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer 
Control, National Institutes of Health, HHS)

    Dated: September 10, 2008.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E8-23591 Filed 10-3-08; 8:45 am]
BILLING CODE 4140-01-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.                  

###### Department of Energy

###### Federal Energy Regulatory Commission 

          - [Docket No. PR08-15-003] 

Take notice that on October 1, 2008, Energy Transfer Fuel, LP filed a Report of Refunds in compliance with the Commission's letter order issued on July 11, 2008 in Docket Nos. PR08-15-000 and PR08-15-001. 

Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed on or before the date as indicated below. Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. 

                    The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at                     *http://www.ferc.gov*. Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426.                 

                    This filing is accessible on-line at                     *http://www.ferc.gov*, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail                     *FERCOnlineSupport@ferc.gov*, or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.                 

*Comment Date:*                     5 p.m. Eastern Time Tuesday, October 14, 2008.                 

Kimberly D. Bose, 

Secretary.

[FR Doc. E8-24159 Filed 10-9-08; 8:45 am] 

BILLING CODE 6717-01-P
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Senior District Judge Richard P. Matsch

Civil Action No. 11-cv-02335-RPM

CLINT SANDEL,

Plaintiff,

v.

ENCANA OIL & GAS (USA), INC.,

Defendants.

_____________________________________________________________________

ORDER FOR STATUS REPORT

_____________________________________________________________________

On December 21, 2011, this Court entered an order for stay pending arbitration. 

Nothing further has been filed informing the status of arbitration proceedings and it is

now

ORDERED that counsel shall file a status report on or before August 6, 2012.

DATED: July 27th, 2012

BY THE COURT:

s/Richard P. Matsch

__________________________

Richard P. Matsch, Senior Judge

Case 1:11-cv-02335-RPM Document 23 Filed 07/27/12 USDC Colorado Page 1 of 1
# Third District Court of Appeal State of Florida Opinion filed March 30, 2022. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D21-0643 Lower Tribunal No. F17-18789

________________ 

### Todd Watson, Appellant, vs. 

### The State of Florida, Appellee. An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Miguel M. de la O, Judge. Lento Law Group, P.A., and Rook Elizabeth Ringer (St. Augustine), for appellant. Ashley Moody, Attorney General, and Michael W. Mervine, Chief Assistant Attorney General, for appellee. Before EMAS, MILLER, and BOKOR, JJ. PER CURIAM.2

Affirmed. See Watson v. State, 308 So. 3d 118 (Fla. 3d DCA 2020); Fla. R. Crim. P. 3.240.
EXHIBIT 32





CERTIFICATION OF CHIEF EXECUTIVE OFFICER


AND CHIEF FINANCIAL OFFICER


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 annual report on Form 10-K of Balqon Corporation (the “Company”) for the period ended December 31, 2008 (the “Report”), the undersigned hereby certify in their capacities as Chief Executive Officer and Chief Financial Officer of the Company, respectively, 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, as amended; and




2.           the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Dated: March 31, 2010
By:
/s/ BALWINDER SAMRABalwinder SamraChief Executive Officer (principal executive officer)


Dated: March 31, 2010
By:
/s/ ROBERT MIRANDARobert MirandaChief Financial Officer (principal financial officer)




A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signatures that appear 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.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

LEWIS T. BABCOCK, JUDGE

Criminal Case No. 11-cr-00425-LTB

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. FRANCISCO FRANCO-OROZCO,

Defendant.

________________________________________________________________________

ORDER

________________________________________________________________________

Upon Defendant’s Notice of Disposition (Doc 18 - filed November 28, 2011), and it

appearing that Defendant will plead to a Class B misdemeanor, it is

ORDERED that this matter is REMANDED to the Duty Magistrate Judge for further

proceedings. 

IT IS FURTHER ORDERED that the hearing set December 7, 2011 is VACATED.

BY THE COURT:

 s/Lewis T. Babcock 

Lewis T. Babcock, Judge

DATED: December 1, 2011

Case 1:11-cr-00425-MJW Document 19 Filed 12/01/11 USDC Colorado Page 1 of 1
<PAGE>

                                                                  Exhibit 10.26

                                IPCENTA LIMITED
                  The Pall Mall Deposit, 124-128 Barlby Road
                    London W10 6BL, Phone: 44 1181 962 3200



March 23, 2000

Martin Rushe
c/o iPcenta Limited
The Pall Mall Deposit
124-128 Barlby Road
London W10 6BL
Phone: 44 1181 962 3200

RE:  Purchase of 100 Common Units of CompleTel, LLC

Dear Mr. Rushe:

This letter is delivered in connection with the purchase by you, Martin Rushe
("Rushe") of 100 common units (the "Units") of CompleTel LLC ("CompleTel") at a
per unit price of US$2,065 and an aggregate price of US$206,500.  IPcenta
Limited ("iPcenta") has agreed to loan you the purchase price in exchange for a
promissory note dated as of March 23, 2000, but effective from January 15, 2000
(the "Note").  The purpose of this Letter is to set forth the understandings
among you, CompleTel and iPcenta concerning the forgiveness of principal and
accrued interest on the Note.

In connection with the foregoing, the parties agree as follows:

     1.   At such time as ownership of any of the Units vest pursuant to the
vesting provisions contained in the Amended and Restated Executive Securities
Agreement and the Second Amended and Restated Performance Vesting Agreement, or
any successor vesting agreement (the "Vesting Agreements"), iPcenta agrees to
forgive a pro rata percentage of principal and accrued interest under the Note.

     2.   At such time as ownership of any of the Units are forfeited under the
Vesting Agreements, a pro rata percentage of principal and accrued interest
under the Note will become due and payable; provided, however, that such
obligation will be satisfied in full by CompleTel repurchasing such forfeited
Units pursuant to the Vesting Agreements and paying the repurchase price
directly to iPcenta.

     3.   IPcenta agrees to reimburse Rushe for any and all taxes incurred by
him as a result of iPcenta forgiving any principal and accrued interest under
the
<PAGE>

Martin Rushe
March 23, 2000
Page 2




Note. IPcenta's intention is that Rushe shall be held fully harmless from any
additional taxes of any kind associated with such loan forgiveness.

Please indicate your acceptance of this agreement by signing below.

Very truly yours,

IPCENTA LIMITED



By:   /s/ James E. Dovey
   ---------------------------
     James E. Dovey, Director


Accepted and agreed to as of the date first written above:

                              COMPLETEL LLC


/s/ Martin Rushe              /s/ William H. Pearson
-----------------------       ----------------------------
Martin Rushe                  William H. Pearson
                              President and CEO