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

**No. 10**  **- 6587** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. KENNETH WAYNE TUCKER, a/k/a Kenneth Nathaniel Tucker, a/k/a Kenneth N. Tucker , Defendant

- Appellant
.

Ap peal from the United States District Court for the Eastern District of Virginia , at Richmond
. Henry E. Hudson , District Judge. ( 3:07

- cr - 00098

- HEH

- 1 )

Submitted : September 28, 2010 Decided: October 5, 2010

Before WILKINSON, SHEDD, and DAVIS , Circui t Judges.

Dismissed by un published per curiam opinion
. Kenneth Wayne Tucker, Appellant Pro Se. Peter Sinclair Duffey, Assistant United States Attorney, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit
.2 PER CURIAM: Kenneth Wayne Tucker seeks to appeal the district court’s order denying relief on his 28 U.S.C. A. § 2255 ( West Supp. 2010 ) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S .C. § 2253(c)(1) (200 6 ). 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) (200 6 ). When the district court denies relief on the 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. Cockrell , 537 U.S. 322, 336

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

- 85. We have independently reviewed the record and conclude that Tucker has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials3 before the court and argument would not aid the decisional
process. DISMISSED
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 Homeland Security

###### Federal Emergency Management Agency

          - [FEMA-1791-DR]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Texas (FEMA-1791-DR), dated September 13, 2008, and related determinations.

# DATES:

*Effective Date:*                         September 26, 2008.                    

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886.

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Texas is hereby amended to include the following area among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of September 13, 2008. 

Galveston County for Public Assistance [Categories C-G] (already designated for Individual Assistance and debris removal and emergency protective measures [Categories A and B], including direct Federal assistance, under the Public Assistance program).

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

R. David Paulison,

Administrator, Federal Emergency Management Agency.

 [FR Doc. E8-24094 Filed 10-9-08; 8:45 am]

BILLING CODE 9111-23-P
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO

Senior District Judge Richard P. Matsch 

Civil Action No. 11-cv-02766-RPM 

RICKEY BURRELL, 

Plaintiff, 

v.

CITY OF AURORA, COLORADO, 

BRANDON RINNAN, in his individual capacity, 

DARREN CHAMBERLAND, in his individual capacity, and 

DARRYL HUNTSMAN, in his individual capacity, 

Defendants. 

____________________________________________________________________________________ 

ORDER THAT DEFENDANTS’ MOTION TO ENFORCE SCHEDULING ORDER IS MOOT

____________________________________________________________________________________ 

 On considering the plaintiff’s response, filed October 30, 2012, it is

 ORDERED that the defendants’ motion to enforce scheduling order [32] is moot.

DATED this 2nd day of November, 2012. 

BY THE COURT: 

s/Richard P. Matsch

_________________________________ 

Senior District Judge Richard P. Matsch 

Case 1:11-cv-02766-RPM Document 35 Filed 11/02/12 USDC Colorado Page 1 of 1
|                                                                       |                | Exhibit 99(e)
|---------------------------------------------------------------------- | -------------- | -------------
|Household Finance Corporation                                          |                |              
|HRSI Funding, Inc. II                                                  |                |              
|Household Private Label Credit Card Master Note Trust I, Series 2002-3
|                                                                       |                |              
|                                                                       |                |              
|Original Class A Principal                                             | 673,000,000.00 |              
|Number of Class A Bonds (000's)                                        | 673,000.00     |              
|Original Class B Principal                                             | 98,060,000.00  |              
|Number of Class B Bonds (000's)                                        | 98,060.00      |              
|Original Class C Principal                                             | 69,090,000.00  |              
|Number of Class C Bonds (000's)                                        | 69,090.00      |              
|                                                                       |                |              
|                                                                       |                |              
|                                                                       |                | 2003 Totals  
|                                                                       |                |              
|CLASS A                                                                |                |              
|Class A Principal Distributions                                        |                | 0.00         
|Class A Interest                                                       |                | 10,222,300.38
|                                                                       |                |              
|                                                                       |                |              
|CLASS B                                                                |                |              
|Class B Principal Distributions                                        |                | 0.00         
|Class B Interest                                                       |                | 2,461,114.06 
|                                                                       |                |              
|                                                                       |                |              
|CLASS C                                                                |                |              
|Class C Principal Distributions                                        |                | 0.00         
|Class C Interest                                                       |                | 2,781,888.76
# Exhibit 32
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 CyberOptics Corporation (the Company)
on Form 10-Q for the period ended March 31, 2004, as filed with the Securities and
Exchange Commission on or about the date hereof (the Report), the undersigned,
Kathleen P. Iverson, Chief Executive Officer, and Scott G. Larson, the Chief Financial
Officer of the Company, each certify, pursuant to 18 U.S.C. §1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

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

| | /s/ Kathleen P. Iverson
Kathleen P. Iverson, President and Chief Executive Officer
(Principal Executive Officer and
Duly Authorized Officer)
May 17, 2004
| | ---------------------------------------------------------------------------------------------------------------------------------------------------------
|
|
|
| | /s/ Scott G. Larson
Scott G. Larson, Chief Financial Officer
(Principal Accounting Officer and
Duly Authorized Officer)
May 17, 2004                     



---
[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Notices]
[Pages 58288-58289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23432]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i> 11449 and <greek-i> 11450]


Indiana Disaster Number IN-00026

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 1.

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

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for the State of Indiana ( FEMA-1795-DR ) , dated 09/23/
2008.
    Incident: Severe Storms and Flooding.
    Incident Period: 09/12/2008 and Continuing.

DATES: Effective Date: 09/26/2008.
    Physical Loan Application Deadline Date: 11/24/2008.
    EIDL Loan Application Deadline Date: 06/23/2009.

ADDRESSES: Submit completed loan applications to: U.S. Small Business

[[Page 58289]]

Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster 
declaration for the State of Indiana, dated 09/23/2008 is hereby 
amended to include the following areas as adversely affected by the 
disaster:

Primary Counties (Physical Damage and Economic Injury Loans): Harrison, 
Jefferson, Jennings.
Contiguous Counties (Economic Injury Loans Only):
    Indiana: Bartholomew, Clark, Crawford, Decatur, Floyd, Jackson, 
Ripley, Scott, Switzerland, Washington.
    Kentucky: Carroll, Hardin, Jefferson, Meade, Trimble.

    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Herbert L. Mitchell,
Associate Administrator for Disaster Assistance.
 [FR Doc. E8-23432 Filed 10-3-08; 8:45 am]
BILLING CODE 8025-01-P
<PAGE>

                           INDEPENDENT AUDITOR'S REPORT


The Board of Directors and Shareholders
Exchange Bancshares, Inc.    



     We have audited the accompanying consolidated balance sheets of Exchange
Bancshares, Inc. as of December 31, 1996 and 1995, and the related statements
of income, changes in shareholders' equity and cash flows for the years ended
December 31, 1996 and 1995.  These financial statements are the responsibility
of the Company's management.  Our responsibility is to express an opinion on 
these financial statements based on our audits.

     We conducted our audits in accordance with generally accepted auditing 
standards.  Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material
misstatement.  An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements.  An audit also includes
assessing the accounting principles used and significant estimates made by 
management, as well as evaluating the overall financial statement presentation.
We believe that our audits provide a reasonable basis for our opinion.

     In our opinion, the financial statements referred to above present fairly,
in all material respects, the financial position of Exchange Bancshares, Inc.
as of December 31, 1996 and 1995, and the results of its operations and its 
cash flows for the years ended December 31, 1996 and 1995, and 1994, in con-
formity with generally accepted accounting principles.


                                                 ROBB, DIXON
                                           FRANCIS, DAVIS, ONESON
                                                  & COMPANY

Granville, Ohio
February 14, 1997
EXHIBIT 33.1 

**REPORT ON ASSESSMENT OF COMPLIANCE WITH SERVICING CRITERIA**

**PURSUANT TO ITEM 1122 OF REGULATION AB**

**FIRST NATIONAL BANK OF OMAHA**

Date: March 29, 2016         

The undersigned, a duly authorized representative of First National Bank of Omaha (the “Servicer”), hereby certifies as follows:

(1) The Servicer is responsible for assessing its compliance with the servicing criteria set forth in 17 C.F.R. § 229.1122(d)(“Item 1122(d) of Regulation AB”), except for servicing criteria specified in (1)(iii) and (v); (2)(iii) and (vi); 3(iii) and (iv); and 4(x) of Item 1122(d) of Regulation AB, which the Servicer has determined are inapplicable to theactivities it performs with respect to the credit card asset backed securities transactions issued by First National Master Note Trust (the “Platform”) being serviced (such applicable criteria, after giving effect to the exceptionsidentified above, the “Applicable Servicing Criteria”), as of and for the year ended December 31, 2015 relating to the servicing of the Platform; 

(2) The Servicer used the servicing criteria in Item 1122(d) of Regulation AB to assess compliance with the Applicable Servicing Criteria;

(3) The Servicer is in compliance with the Applicable Servicing Criteria relating to the Platform as of and for the year ending December31, 2015 in all material respects; and 

(4) Deloitte & Touche LLP, an independent registered public accounting firm, has issued anattestation report for the Platform on the Servicer’s assessment of compliance with the Applicable Servicing Criteria as of and for the year ending December 31, 2015. 

FIRST NATIONAL BANK OF OMAHA, as ServicerBy 
/s/ Timothy D. Hart
 Timothy D. Hart Senior Vice President
[Signature page to Report on Assessment of Compliance 

of First National Bank of Omaha]
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02357-WYD-MEH

CS CAPITAL CORP., d/b/a THE INVOICE BANKERS CORP.,

Plaintiff,

v.

LOCAL SENIOR SERVICES, and

RANDY KALANI FAHILGA,

Defendants.

ORDER

Michael E. Hegarty, United States Magistrate Judge.

Plaintiff/Judgment Creditor’s Ex Parte Motion to Depose Bank of America, N.A. [filed July

30, 2014; dockt0 #70] is granted as follows.

Rule 69 governs executions of judgments. Fed. R. Civ. P. 69(a)(2) states:

Obtaining Discovery. In aid of the judgment or execution, the judgment creditor

or a successor in interest whose interest appears of record may obtain discovery

from any person—including the judgment debtor—as provided in these rules or

by the procedure of the state where the court is located.

Here, the Plaintiff/Judgment Creditor seeks to depose a representative of the bank at which the

Defendants purportedly hold accounts. In Colorado, Rule 69 also governs the execution of

judgments and post-judgment proceedings. Colo. R. Civ. P. 69 provides, in pertinent part:

Witnesses. Witnesses may be subpoenaed to appear and testify in accordance with

C.R.C.P. 45.

Depositions. After entry of a final money judgment, the judgment creditor, upon

order of court which may be obtained ex parte, may take the deposition of any person

including the judgment debtor, in the manner provided in these Rules. 

Colo. R. Civ. P. 69(h) & (i). Accordingly, the Court will grant Plaintiff/Judgment Creditor’s motion

Case 1:11-cv-02357-WYD-MEH Document 72 Filed 07/31/14 USDC Colorado Page 1 of 2
2

to serve a subpoena upon a representative of Bank of America, N.A. for the purpose of obtaining

discovery through a deposition as to the accounts held by Defendants Local Senior Services and

Randy Kalani Fahilga.

Dated at Denver, Colorado, this 31st day of July, 2014.

BY THE COURT:

 

 

Michael E. Hegarty

United States Magistrate Judge

Case 1:11-cv-02357-WYD-MEH Document 72 Filed 07/31/14 USDC Colorado Page 2 of 2
II 

110TH CONGRESS 

1ST SESSION S. 1781 

To designate the facility of the United States Postal Service located at 

118 Minner Avenue in Bakersfield, California, as the ‘‘Buck Owens 

Post Office’’. 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2007 

Mrs. BOXER (for herself and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To designate the facility of the United States Postal Service 

located at 118 Minner Avenue in Bakersfield, California, 

as the ‘‘Buck Owens Post Office’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. BUCK OWENS POST OFFICE. 

4 (a) DESIGNATION.—The facility of the United States 

5 Postal Service located at 118 Minner Avenue in Bakers6 field, California, shall be known and designated as the 

7 ‘‘Buck Owens Post Office’’. 

8 (b) REFERENCES.—Any reference in a law, map, reg9 ulation, document, paper, or other record of the United 


rwilkins on PROD1PC63 with BILLS
2 

•S 1781 IS

1 States to the facility referred to in subsection (a) shall 

2 be deemed to be a reference to the ‘‘Buck Owens Post 

3 Office’’. 

Æ 


rwilkins on PROD1PC63 with BILLS
<PAGE>

EXHIBIT 11

COMPUTATION OF EARNINGS PER SHARE

The following table sets forth the computation of basic and diluted earnings per
share as calculated in accordance with FASB 128.

<TABLE>
<CAPTION>

                                                                           Three months Ended January 31,
                                                                           -----------------------------
                                                                                    (Unaudited)
                                                                     2000                                1999
                                                         -----------------------------       -----------------------------
                                                           Basic             Diluted           Basic             Diluted
<S>                                                      <C>               <C>               <C>               <C>
NUMERATOR:

   Net (loss) from continuing operations                 $(2,083,370)      $(2,083,370)      $  (526,574)      $  (526,574)
   Net income (loss) from discontinued operations                 --                --         2,233,870         2,233,870
                                                         -----------       -----------       -----------       -----------

Net income (loss)                                        $(2,083,370)      $(2,083,370)      $ 1,707,296       $ 1,707,296
                                                         ===========       ===========       ===========       ===========

DENOMINATOR:

   Weighted average shares outstanding                     7,892,030         7,892,030         6,627,309         6,627,309
                                                         -----------       -----------       -----------       -----------

     Stock options and warrants                                   --                --                --                --
                                                         -----------       -----------       -----------       -----------


Weighted average shares outstanding                        7,892,030         7,892,030         6,627,309         6,627,309
                                                         ===========       ===========       ===========       ===========

Earnings (loss) per share - continuing operations        $     (0.26)      $     (0.26)      $     (0.08)      $     (0.08)
Earnings (loss) per share - discontinued operations               --                --              0.34              0.34
                                                         -----------       -----------       -----------       -----------

Earnings (loss) per share                                $     (0.26)      $     (0.26)      $      0.26       $      0.26
                                                         ===========       ===========       ===========       ===========
</TABLE>

                                      16
#### Cecil F. BATES et al. v. STATE ex rel. H. H. Clark.

1 Div. 870.

Supreme Court of Alabama.

May 9, 1935.

Harry Seale, of Mobile, for appellants.

C. R. Shannon, of Mobile, for the State.

PER CURIAM.

Appeal dismissed by appellants.