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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 23-6689

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DEWAYNE CORNELIUS MELVIN, a/k/a Baby Boy,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Raleigh. James C. Dever III, District Judge. (5:08-cr-00164-D-1)

Submitted: May 30, 2024 Decided: June 3, 2024

Before GREGORY and HARRIS, Circuit Judges, and MOTZ, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Dewayne Cornelius Melvin, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-6689 Doc: 10 Filed: 06/03/2024 Pg: 1 of 2
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PER CURIAM:

Dewayne Cornelius Melvin appeals the district court’s orders denying his motions 

for a reduction in sentence and his motion for reconsideration. We have reviewed the 

record and find no reversible error. Accordingly, we deny Melvin’s motion to remand and 

affirm the district court’s orders. United States v. Melvin, No. 5:08-cr-00164-D-1 

(E.D.N.C. Nov. 7, 2022 & June 13, 2023). 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.

AFFIRMED

USCA4 Appeal: 23-6689 Doc: 10 Filed: 06/03/2024 Pg: 2 of 2
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.                  

###### Federal Deposit Insurance Corporation

Pursuant to the provisions of the “Government in the Sunshine Act” (5 U.S.C. 552b), notice is hereby given that at 11:06 a.m. on Tuesday, October 21, 2014, the Board of Directors of the Federal Deposit Insurance Corporation met in closed session to consider matters related to the Corporation's supervision, corporate, and resolution activities.

In calling the meeting, the Board determined, on motion of Vice Chairman Thomas M. Hoenig, seconded by Director Jeremiah O. Norton (Appointive), concurred in by Director Thomas J. Curry (Comptroller of the Currency), Director Richard Cordray (Director, Consumer Financial Protection Bureau), and Chairman Martin J. Gruenberg, that Corporation business required its consideration of the matters which were to be the subject of this meeting on less than seven days' notice to the public; that no earlier notice of the meeting was practicable; that the public interest did not require consideration of the matters in a meeting open to public observation; and that the matters could be considered in a closed meeting by authority of subsections (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), and (c)(10) of the “Government in the Sunshine Act” (5 U.S.C. §§ 552b(c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), and (c)(10)).

The meeting was held in the Board Room of the FDIC Building located at 550—17th Street NW., Washington, D.C.

Dated: October 21, 2014.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Executive Secretary.

[FR Doc. 2014-25339 Filed 10-21-14; 4:15 pm]

BILLING CODE P
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA

 

 Petitioner Kevin Eugene Pullen has filed a pro se Amended Petition for Writ of 

Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 4). The Honorable John Z. Boyle, 

United States Magistrate Judge, has issued a Report and Recommendation (“R&R”) 

(Doc. 16), recommending that the Court deny and dismiss the Petition. Judge Boyle also 

advised the parties that they had fourteen (14) days to file objections to the R&R and that 

failure to file timely objections could be considered a waiver of the right to obtain review 

of the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. ReynaTapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). 

 The parties did not file objections, which relieves the Court of its obligation to 

review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 

(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 

not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 

determine de novo any part of the magistrate judge’s disposition that has been properly 

objected to.”). The Court has nonetheless reviewed the R&R and finds that it is wellKevin Eugene Pullen, 

 

Petitioner, 

vs. 

Charles L. Ryan, et al., 

Respondents. 

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No. CV-15-01661-PHX-SPL (JZB)

ORDER 

Case 2:15-cv-01661-SPL Document 17 Filed 07/11/16 Page 1 of 2
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taken. The Court will adopt the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1) 

(stating that the district court “may accept, reject, or modify, in whole or in part, the 

findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The 

district judge may accept, reject, or modify the recommended disposition; receive further 

evidence; or return the matter to the magistrate judge with instructions.”). Accordingly, 

IT IS ORDERED:

1. That Magistrate Judge Boyle’s Report and Recommendation (Doc. 16) is 

accepted and adopted by the Court; 

2. That the Amended Petition for Writ of Habeas Corpus pursuant to 28 

U.S.C. § 2254 (Doc. 4) is denied and dismissed with prejudice; 

3. That a certificate of appealability and leave to proceed in forma pauperis on 

appeal are denied; and 

4. That the Clerk of Court shall terminate this action. 

Dated this 8th day of July, 2016. 

Honorable Steven P. Logan

United States District Judge

Case 2:15-cv-01661-SPL Document 17 Filed 07/11/16 Page 2 of 2
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

IN THE MATTER OF: 

Donita J. Cole, 

Debtor. 

No. CV-15-02105-PHX-SRB

BK NO. 2:15-bk-07045-EPB 

Donita J. Cole, ORDER 

Appellant, 

v. 

 MR Capital LLC, 

Appellee. 

 The Court has considered Appellee’s Motion to Dismiss Appeal and Appellant’s 

Response. In her Response Appellant states that her appeal relates to an entity named 

ME Capital, LLC not MR Capital, LLC. She is wrong. Her Notice of Appeal (Doc. 1) 

signed October 15, 2015 expressly states that the party is MR Capital, LLC and the 

September 29, 2015 order she is appealing shows that the movant was MR Capital, LLC. 

 IT IS ORDERED that Appellant Donita Cole provide proof to this Court that she 

has filed with the Clerk of the Bankruptcy Court a designation of the items to be included 

in the record on appeal, a statement of the issues to be presented, and a request for any 

transcripts where the designation includes a transcript of any proceeding or part thereof 

/ / / 

Case 2:15-cv-02105-SRB Document 20 Filed 03/17/16 Page 1 of 2
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within 7 days of the date of this Order or her appeal will be dismissed without further 

notice. 

 Dated this 17th day of March, 2016. 

Case 2:15-cv-02105-SRB Document 20 Filed 03/17/16 Page 2 of 2
#### BOARD OF POLICE COMMISSIONERS, CITY OF EAST ORANGE v. BOARD OF TRUSTEES, POLICE AND FIREMEN’S RETIREMENT SYSTEM AND ANTHONY DI MUZIO.

September 26, 1989.

Petition for certification denied.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Michael Hughes,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-04482-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Marc J Bern & Partners LLP

(Name of plaintiff’s attorney or unrepresented plaintiff)

I have received your request to waive service of a summons in this action along with a copy of the complaint, two 

copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.

I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.

I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s 

jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.

I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 

60 days from 12/5/2017, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail 

to do so, a default judgment will be entered against me or the entity I represent.

Date: December 8, 2017 /s/ Richard B. North, Jr.

Signature of the attorney or unrepresented party

C. R. Bard, Inc. and Bard Peripheral

Vascular, Inc.

Printed name of parties waiving service of 

summons

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed Name

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6155

Telephone number

Duty to Avoid Unnecessary Expenses of Serving a Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a 

summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff 

located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. 

Case 2:15-md-02641-DGC Document 9358 Filed 12/15/17 Page 1 of 2
2

“Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has 

no jurisdiction over this matter or over the defendant or the defendant’s property. 

If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of 

a summons or of service. 

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the 

plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been 

served.

Case 2:15-md-02641-DGC Document 9358 Filed 12/15/17 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE UNAUDITED
FINANCIAL STATEMENTS DATED JUNE 30, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
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<CASH>                                         734,091
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</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE COMPANY'S
BALANCE SHEETS,  STATEMENTS OF LOSS, STATEMENTS OF STOCKHOLDERS'  DEFICIENCY AND
COMPREHENSIVE  INCOME,  STATEMENTS OF CASH FLOWS, AND THE NOTES THERETO FOUND ON
PAGES 2 THROUGH 9 OF THE  COMPANY'S  FORM 10-QSB FOR THE SIX MONTH  PERIOD ENDED
JUNE 30, 2000 AND IS QUALIFIED  IN ITS  ENTIRETY BY REFERENCE TO SUCH  FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   JUN-30-2000
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<CASH>                                         0
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</TABLE>
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Patsy Ann Crow,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-04618-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Nations Law Firm - Houston, TX

(Name of plaintiff’s attorney or unrepresented plaintiff)

I have received your request to waive service of a summons in this action along with a copy of the complaint, two 

copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.

I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.

I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s 

jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.

I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 

60 days from 12/15/2017, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail 

to do so, a default judgment will be entered against me or the entity I represent.

Date: December 20, 2017 /s/ Richard B. North, Jr.

Signature of the attorney or unrepresented party

C. R. Bard, Inc. and Bard Peripheral

Vascular, Inc.

Printed name of parties waiving service of 

summons

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed Name

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6155

Telephone number

Duty to Avoid Unnecessary Expenses of Serving a Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a 

summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff 

located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. 

Case 2:15-md-02641-DGC Document 9472 Filed 12/28/17 Page 1 of 2
2

“Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has 

no jurisdiction over this matter or over the defendant or the defendant’s property. 

If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of 

a summons or of service. 

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the 

plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been 

served.

Case 2:15-md-02641-DGC Document 9472 Filed 12/28/17 Page 2 of 2
<Page>

                                                                     Exhibit 4.1

                         CONSENT OF INDEPENDENT AUDITORS

     We consent to the reference to our firm under the caption
"Experts-Independent Auditors" and to the use of our report dated March 13,
2003 in the Amendment No. 1 to the Registration Statement (No. 333-103627)
and related Prospectus of Claymore Securities Defined Portfolios, Series 145.

                                                      /s/ Grant Thornton LLP
                                                          Grant Thornton LLP

Chicago, Illinois
March 13, 2003
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