alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff—Appellee, v. Harry Rommell RAMSEY, Defendant—Appellant.

No. 04-7625.

United States Court of Appeals, Fourth Circuit.

Submitted Feb. 18, 2005.

Decided March 10, 2005.

Harry Rommell Ramsey, Appellant pro se.

Angela Hewlett Miller, Office of the United States Attorney, Greensboro, North Carolina, for Appellee.

Before NIEMEYER and LUTTIG, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.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

PER CURIAM.

Harry Rommell Ramsey seeks to appeal the district court’s order denying relief on his motion filed under 28 U.S.C. § 2255 (2000). An appeal may not be taken from the final order in a habeas corpus proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. *See Miller-El v. Cockrell,*537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683 (4th Cir.2001). We have independently reviewed the record and conclude that Ramsey has not made the requisite showing. Accordingly, we deny Ramsey’s motion to proceed in forma pauperis, 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 materials before the court and argument would not aid the decisional process.

*DISMISSED*
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Vicky Fail,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-17-04043-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 11/8/2017, 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: November 27, 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. 

“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 8978 Filed 11/29/17 Page 1 of 1
Case 2:15-cv-01769-SPL Document 40 Filed 07/29/16 Page 1 of 2
Case 2:15-cv-01769-SPL Document 40 Filed 07/29/16 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE> UT                               EXHIBIT 27
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE
COMPANY'S FINANCIAL STATEMENTS INCLUDED IN ITS FORM 10-Q FOR THE
QUARTER ENDED
SEPTEMBER 30, 1999, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH
FINANCIAL STATEMENTS
</LEGEND>
<MULTIPLIER> 1,000

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<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    2,145,823
<OTHER-PROPERTY-AND-INVEST>                    112,100
<TOTAL-CURRENT-ASSETS>                       1,490,253
<TOTAL-DEFERRED-CHARGES>                             0
<OTHER-ASSETS>                                 265,400
<TOTAL-ASSETS>                               4,013,576
<COMMON>                                         1,147
<CAPITAL-SURPLUS-PAID-IN>                      751,173
<RETAINED-EARNINGS>                            776,883
<TOTAL-COMMON-STOCKHOLDERS-EQ>               1,490,206
<PREFERRED-MANDATORY>                           25,000
<PREFERRED>                                     10,131
<LONG-TERM-DEBT-NET>                         1,387,407
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                    1,687
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>               1,099,145
<TOT-CAPITALIZATION-AND-LIAB>                4,013,576
<GROSS-OPERATING-REVENUE>                    1,733,385
<INCOME-TAX-EXPENSE>                           188,251
<OTHER-OPERATING-EXPENSES>                     223,950
<TOTAL-OPERATING-EXPENSES>                   1,281,275
<OPERATING-INCOME-LOSS>                        452,110
<OTHER-INCOME-NET>                              30,065
<INCOME-BEFORE-INTEREST-EXPEN>                       0
<TOTAL-INTEREST-EXPENSE>                       102,298
<NET-INCOME>                                   189,412
<PREFERRED-STOCK-DIVIDENDS>                      2,214
<EARNINGS-AVAILABLE-FOR-COMM>                        0
<COMMON-STOCK-DIVIDENDS>                        75,091
<TOTAL-INTEREST-ON-BONDS>                            0
<CASH-FLOW-OPERATIONS>                         (8,377)
<EPS-BASIC>                                       1.61
<EPS-DILUTED>                                     1.61


</TABLE>
II 

Calendar No. 657 

108TH CONGRESS 

2D SESSION S. 2695 

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 

expand the definition of firefighter to include apprentices and trainees, 

regardless of age or duty limitations. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2004 

Mr. SPECTER introduced the following bill; which was read the first time 

JULY 21, 2004 

Read the second time and placed on the calendar 

A BILL 

To amend the Omnibus Crime Control and Safe Streets 

Act of 1968 to expand the definition of firefighter to 

include apprentices and trainees, regardless of age or 

duty limitations. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Christopher Kangas 

5 Fallen Firefighter Apprentice Act’’. 
2 

•S 2695 PCS 

1 SEC. 2. EXPANSION OF DEFINITION OF FIREFIGHTER TO 

2 INCLUDE APPRENTICES AND TRAINEES. 

3 Section 1204(4) of the Omnibus Crime Control and 

4 Safe Streets Act of 1968 (42 U.S.C. 3796b(4)) is amend5 ed by inserting ‘‘, regardless of age, status as an appren6 tice or trainee, or duty restrictions imposed because of age 

7 or status as an apprentice or trainee,’’ after ‘‘fire depart8 ment’’. 

9 SEC. 3. EFFECTIVE DATE. 

10 The amendment made by this Act shall apply with 

11 respect to deaths and injuries which occur on or after May 

12 4, 2002. 

Calendar No. 657 

108TH CONGRESS 

2D SESSION S. 2695 

A BILL 

To amend the Omnibus Crime Control and Safe 

regardless of age or duty limitations. firefighter to include apprentices and trainees, Streets Act of 1968 to expand the definition of 

JULY 21, 2004 

Read the second time and placed on the calendar
<PAGE>
 
                                                                   Exhibit 24(a)

                                CASE CORPORATION

                               POWER OF ATTORNEY

                  CASE CORPORATION ANNUAL REPORT ON FORM 10-K



     The undersigned, in his capacity as a Director of Case Corporation, does
hereby appoint Theodore R. French, Richard S. Brennan and Kevin J. Hallagan, and
each of them, severally, his true and lawful attorneys, or attorney, to execute
in his name, place and stead, in his capacity as a Director of said Corporation,
an Annual Report on Form 10-K for the fiscal year ended December 31, 1998, and
any and all amendments to said Annual Report and to the Annual Report on Form
10-K for the fiscal year ended December 31, 1997, and all instruments necessary
or incidental in connection therewith, and to file the same with the Securities
and Exchange Commission.  Each of such attorneys shall have the power to act
hereunder with or without the other of such attorneys and shall have full power
and authority to do and perform, in the name and on behalf of the undersigned,
in any and all capacities, every act whatsoever requisite or necessary to be
done in the premises, as fully and to all intents and purposes as the
undersigned might or could do in person, the undersigned hereby ratifying and
approving the acts of said attorneys and each of them.

     IN TESTIMONY WHEREOF, the undersigned has executed this instrument on this
1st day of March, 1999.



                                                   /s/ PEI-YUAN CHIA
                                                 -------------------
                                           Pei-yuan Chia
**EXHIBIT 23.1**

 

CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the RegistrationStatements on Form S-3 (Nos. 333-34466 and 333-56550) and Form S-8 (Nos. 333-44221, 333-24095, and 333-07149) of TricoMarine Services, Inc. and Subsidiaries of our reports dated February 28, 2002relating to the consolidated financial statements and financial statementschedule as of December 31, 2001 and 2000, and for the years ended December 31,2001, 2000 and 1999, which appear in this Annual Report on Form 10-K.

 

PricewaterhouseCoopers LLP

New Orleans, LouisianaMarch 19, 2002
Presidential Documents

Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Presidential Documents 63289 

Proclamation 9196 of October 17, 2014 

National Character Counts Week, 2014 

By the President of the United States of America 

A Proclamation 

For generations, our Nation’s beliefs in mutual respect, shared responsibility, 

and equality for all have strengthened our bond as a people and guided 

our path—uniting us in times of crisis and inspiring us in moments of 

triumph. During National Character Counts Week, we reaffirm the principles 

that built America and dedicate ourselves to passing on our highest ideals 

to our children. 

We see the true character of our country in the examples set by the work 

and lives of our people. We see it in the educators, mentors, and parents 

who teach our kids not only to understand math and history, but also 

to know and show compassion and respect. We see it in first responders 

who put themselves in harm’s way to protect strangers, and in our men 

and women in uniform who selflessly serve the land we love and defend 

the values we cherish. And we see it in small acts of kindness that define 

who we are as Americans and help us recognize our common humanity. 

When we give our daughters and sons a foundation of integrity, hard work, 

and responsibility, and when we empower them with the courage to choose 

these values in the face of cynicism, we prepare them for a lifetime of 

engaged citizenship and create stronger communities across America. This 

week, and all year long, let us all do our part to ensure the fundamental 

tenets that have shaped our Union from its founding continue to sustain 

us and draw out the best in each of us. 

NOW, THEREFORE, I, BARACK OBAMA, President of the United States 

of America, by virtue of the authority vested in me by the Constitution 

and the laws of the United States, do hereby proclaim October 19 through 

October 25, 2014, as National Character Counts Week. I call upon public 

officials, educators, parents, students, and all Americans to observe this 

week with appropriate ceremonies, activities, and programs. 

mstockstill on DSK4VPTVN1PROD with D0

63290 Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Presidential Documents 

IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth 

day of October, in the year of our Lord two thousand fourteen, and of 

the Independence of the United States of America the two hundred and 

thirty-ninth. 

[FR Doc. 2014–25294 

Filed 10–22–14; 8:45 am] 

Billing code 3295–F5 


mstockstill on DSK4VPTVN1PROD with D0OB#1.EPS</GPH>
##### 



Exhibit 32.1

Certification Required by 18 U.S.C.
Section 1350

(as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002)


I, Antonio B. Mon, as Chief Executive Officer of
Technical Olympic USA, Inc. (the Company), certify,
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 accompanying Quarterly Report on
    Form 10-Q of the Company for the quarterly period ended
    September 30, 2004 (the Report), filed with the
    U.S. Securities and Exchange Commission, fully complies with the
    requirements of Section 13(a) or 15(d) of the Securities
    and 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.                                                                                                                                                                           

|                       |  |                                                                                                                          
|---------------------- |  | -------------------------------------------------------------------------------------------------------------------------
|Date: November 2, 2004 |  | /s/ ANTONIO B. MON
    --------------------------------------------------------
    Antonio B. MonChief Executive Officer
#### John N. Proctor *v.*Stephen Biddle et al.

Courts — Jurisdiction of Cause Formerly Adjudicated in Federal oCurt.

A plaintiff, claiming lands embraced in a boundary, the adjudications of which had been finally settled in the federal court, cannot have correction of his error made in a state tribunal; it will be necessary to correct them in the court in which the error occurred.

APPEAL FROM FLEMING CIRCUIT COURT.

December 1, 1869.

Opinion of the Court by

Judge Williams:

Whether in fact the land in controversy is included by both the entry and patent boundary of Ambrose Walden,.or wholly by either of them, it is obviously the same land designated by the letter A, and boundary 1, a, b, 4, 5, 6, 11, 1, as laid down in a diagram in the opinion of the Supreme Court of the United States, in the cases of *Walden vs. Bradley's Heirs, 9 Howard, 23,*and described as occupied by Kinkead, claiming under Proctor, who claimed to have purchased and taken possession'under Jonathan H. Pose, in March, 1827, who claimed under Jonathan Pose, ánd he under Craig.

As no sufficient ground appears to have been disclosed for reversing the decisions of the Federal court, even if the lower court had jurisdiction to do so, and the rights of the appellant to the land were litigated in said suits, supposing the land to lie as said diagram represents it, within both the entry and patent of Ambrose Walden, we are of the opinion that the appellant was certainly concluded by the former adjudication, if it was true that the land was within said entry and patent.

But if, as is alleged in the amended petition of the appellants, the agents of the successful party in said suits, under the pretext of executing the final decree therein, obtained possession of the land of the appellant lying outside of Ambrose Walden’s entry and patent, and to which the plaintiffs in said suits were not entitled, according to the principles of said decision, yet as it súf*239ficiently appears that the possession was taken and Kinkead was evicted under and by color of the execution' of said decree, by the proper officer of the Federal Court, we are of the opinion that the appellant could not maintain this action in the State court for the recovery of the land against the appellees, who so acquired the possession; but if said proceedings were erroneous or,irregular, the appellants’ remedy was to have them corrected or set aside in the same court in which they occurred.

Scott, *for appellant.*

Lindsey, *for appellee.*

This conclusion renders it unnecessary to decide whether the action was not also barred by the judgments in the previous suits, between the same parties, in the Fleming" and Mason circuit courts.

Wherfore, the judgment is *affirmed.*
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Lois Howell,

Plaintiff,

v.

Bard Peripheral Vascular, Inc. and C. R. 

Bard, Inc., et al.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-17-04388-PHX-DGC

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.

Date: February 1, 2018 /s/ Richard B. North, Jr.

Attorney's signature

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

Printed name and bar number

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) 322-6000

Telephone number

(404 322-6050

FAX number

Case 2:15-md-02641-DGC Document 9895 Filed 02/01/18 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE> 5

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<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               155,797
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               9,086
<INCOME-PRETAX>                              (155,797)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (155,797)
<EPS-BASIC>                                      0.005
<EPS-DILUTED>                                    0.005


</TABLE>
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