alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7491
STEPHEN SINGS, Petitioner - Appellant, versus REGGIE WEISNER, Respondent - Appellee. Appeal from the United States District Court for the Western of North Carolina, at Charlotte. Graham C. Mullen, Chief District Judge. (CA-05-110-3) Submitted: December 15, 2005 De cided: December 22, 2005 Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Stephen Sings, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Stephen Sings, a North Carolina prisoner, seeks to appeal the district court’s order dismissing his petition filed under 28 U.S.C. § 2254 (2000) as untimely under the Antiterrorism and Effective Death Penalty Act of 1996. An appeal may not be taken from the final order in a § 2254 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 for claims addressed by a district court 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 the district court’s assessment of his constitutional claims is debatable or wrong and that any dispositive procedural rulings by the district court are also debatable or wrong. SeeMiller-El v. Cockrell , 537 U.S. 322, 336 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Sings has not made the requisite showing. Accordingly, we deny his motion for a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately- 3 - presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Exhibit 31.2**CERTIFICATIONS**     I, Akio Ariura, certify that:     1. I have reviewed this quarterly report on Form 10-QSB of AMDL, Inc. for the period endedSeptember 30, 2006;     2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to the periodcovered by this annual report;     3. Based on my knowledge, the financial statements, and other financial information includedin this quarterly report, fairly present in all material respects the financial condition, resultsof operations and cash flows of the small business issuer as of, and for, the periods presented inthis quarterly report;     4. The small business issuer’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange ActRules 13a-15(f) and 15d-15(f) for the small business issuer and have:     a) designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the small business issuer, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which thisquarterly report is being prepared;     b) evaluated the effectiveness of the small business issuer’s disclosure controls andprocedures and presented in this annual report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisquarterly report based on such evaluation; and     c) disclosed in this report any change in the small business issuer’s internal controlover financial reporting that occurred during the small business issuer’s fourth fiscalquarter that has materially affected, or is reasonably likely to materially affect, thesmall business issuer’s internal control over financial reporting; and     5. The small business issuer’s other certifying officers and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to the small business issuer’sauditors and the audit committee of small business issuer’s board of directors (or personsperforming the equivalent functions):     a) all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe small business issuer’s ability to record, process, summarize and report financialinformation; and     b) any fraud, whether or not material, that involves management or other employees whohave a significant role in the small business issuer’s internal control over financialreporting.Date: November 13, 2006   /s/ Akio Ariura Akio Ariura  Chief Financial Officer
<PAGE>


EXHIBIT 23


                       CONSENT OF INDEPENDENT ACCOUNTANTS

        As Independent Public Accountants we hereby consent to the 
incorporation by reference of our report dated February 1, 1999, appearing 
on page 60 of the 1998 Annual Report to Shareholders, which is incorporated in 
the Form 10-K, into the company's previously filed Registration Statements on 
Form S-3 (Nos. 333-67067, 33-60406, 33-57167, and 33-39466) and on Form S-8 
(Nos. 333-66233, 33-45525, 33-50260, 33-45074, 33-52094, and 333-19671). We 
also consent to the incorporation of our report dated February 1, 1999, on 
the Financial Statement Schedule, appearing on page 24 of the Form 10-K. It 
should be noted that we have not audited any financial statements of 
UtiliCorp United, Inc. subsequent to December 31, 1998 or performed any audit 
procedures subsequent to the date of our reports.

/s/ ARTHUR ANDERSEN LLP

Kansas City, Missouri
March 25, 1999
<PAGE>   1
                                                                      Exhibit 23

                         INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference into Employee Stock Purchase Plan
Registration Statement No. 33-79014, 1997 Special Stock Option Plan Registration
Statement No. 333-33439, 1997 Incentive Stock Option Plan Registration Statement
No. 333-32455, 1987 Special Stock Option Plan Registration Statement No.
333-29111, and 1987 Incentive Stock Option Plan Registration Statement No.
33-15017, each on Form S-8, of our report dated June 7, 1999 appearing in this
Annual Report on Form 10-K of Fresh Foods, Inc. for the fiscal year ended March
6, 1999.



DELOITTE & TOUCHE LLP

Charlotte, North Carolina
June 7, 1999
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
Unaudited.
</LEGEND>
<CIK>  0000839638
<NAME>  SECURED INVESTMENT RESOURCES FUND, L.P. III
<MULTIPLIER> 1

<S>                                                <C>
<PERIOD-TYPE>                                            3-MOS
<FISCAL-YEAR-END>                                  DEC-31-2000
<PERIOD-START>                                     JUL-01-2000
<PERIOD-END>                                       SEP-30-2000
<CASH>                                                 622,000
<SECURITIES>                                                 0
<RECEIVABLES>                                           54,000
<ALLOWANCES>                                           (54,000)
<INVENTORY>                                                  0
<CURRENT-ASSETS>                                             0
<PP&E>                                              11,315,000
<DEPRECIATION>                                       4,663,000
<TOTAL-ASSETS>                                       7,467,000
<CURRENT-LIABILITIES>                                        0
<BONDS>                                              7,839,000
<PREFERRED-MANDATORY>                                        0
<PREFERRED>                                                  0
<COMMON>                                                     0
<OTHER-SE>                                                   0
<TOTAL-LIABILITY-AND-EQUITY>                         7,467,000
<SALES>                                                      0
<TOTAL-REVENUES>                                     1,632,000
<CGS>                                                        0
<TOTAL-COSTS>                                        1,627,000
<OTHER-EXPENSES>                                             0
<LOSS-PROVISION>                                             0
<INTEREST-EXPENSE>                                     531,000
<INCOME-PRETAX>                                              0
<INCOME-TAX>                                                 0
<INCOME-CONTINUING>                                          0
<DISCONTINUED>                                               0
<EXTRAORDINARY>                                              0
<CHANGES>                                                    0
<NET-INCOME>                                            19,000
<EPS-BASIC>                                             1.96
<EPS-DILUTED>                                                0


</TABLE>
<PAGE>   1
                                                                   EXHIBIT 10.34




                             AMENDMENT TO TERM NOTE
                             DATED AUGUST 21, 1997



Stone Pine Financial Group, LLC ("Lender") and Consolidated Capital of North
America, Inc.  ("Borrower") hereby agree to amend the terms of the Term Note
(the "Note") dated August 21, 1997 in the principal amount of $250,000, a copy
of which is attached hereto as Exhibit A.

Lender and Borrower hereby agree that both the principal and any accrued and
unpaid interest due on the Note will be due and payable in full on December 15,
1997.

This Amendment is agreed to and accepted as of September 30, 1997.


                                     Consolidated Capital of North America, Inc.

                                     By: /s/ Thompson H. Rogers 
                                         ------------------------------ 
                                         Thompson H. Rogers, Chairman



                                     Stone Pine Financial Group, LLC

                                     By: /s/ Paul Bagley                    
                                         ------------------------------ 
                                         Paul Bagley, Member

<PAGE>   2













                                   EXHIBIT A




            See Exhibit No. 10.33 - Term Note dated August 21, 1997
IIB 

108TH CONGRESS 

2D SESSION H.R. 4879 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2004 

Received 

SEPTEMBER 7, 2004 

Read twice and referred to the Committee on Armed Services 

AN ACT 

To increase the military housing private investment cap. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

HR 4879 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Military Housing Im3 provement Act of 2004.’’ 

4 SEC. 2. INCREASE IN MILITARY HOUSING PRIVATE INVEST5 MENT CAP. 

6 Section 2883(g)(1) of title 10, United States Code, 

7 is amended by striking ‘‘$850,000,000’’ and inserting 

8 ‘‘$1,350,000,000’’. 

Passed the House of Representatives July 21, 2004. 

Attest: JEFF TRANDAHL, 

Clerk.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-2807
WINFRED F. NICHOLSON, Plaintiff - Appellant, versus MICHELE JOHNSON; DONNA BAYNE; JAMES LEATHERMAN; KEVIN FELIX, Defendants - Appellees.
Appeal from the United States District Court for the District of Maryland, at Balt imore. William M. Nickerson, District Judge. (CA-95-1044-WMN) Submitted: February 7, 1996 Decided: February 21, 1996 Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Winfred F. Nicholson, Appellant Pro Se. Gary R. Allen, Joan Iris Oppenheimer, Jonathan Samuel Cohen, Edward J. Snyder, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order dismissing his action against four Internal Revenue Service employees in which he alleged due process violations by their actions in levying on his wages. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Nicholson v. Johnson , No. CA-95- 1044-WMN (D. Md. Sept. 15, 1995). We dispense with oral argument because the facts and legal contentions are adequately presented inthe materials before the court and argument would not aid the decisional process.

AFFIRMED
[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Page 73647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29207]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2014-0001]


Sunshine Act Meeting Notice

DATES: Week of December 8, 2014.

PLACE: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, 
Maryland.

STATUS: Public.

Week of December 14, 2014

Tuesday, December 16, 2014

8:55 a.m. Affirmation Session (Public Meeting) (Tentative)
    Fermi Combined License Application: Intervenors' Petition for 
Review of LBP-14-07 (Ruling for Applicant on Quality Assurance) (June 
17, 2014) (Tentative)

    This meeting will be webcast live at the Web address--http://www.nrc.gov/.
* * * * *
    The schedule for Commission meetings is subject to change on short 
notice. For more information or to verify the status of meetings, 
contact Glenn Ellmers at (301) 415-0442 or via email at 
<a href="/cdn-cgi/l/email-protection#16517a73787838537a7a7b7364655678647538717960"><span class="__cf_email__" data-cfemail="1f58737a7171315a7373727a6d6c5f716d7c31787069">[email protected]</span></a>.
* * * * *
    The NRC Commission Meeting Schedule can be found on the Internet 
at: http://www.nrc.gov/public-involve/public-meetings/schedule.html.
* * * * *
    The NRC provides reasonable accommodation to individuals with 
disabilities where appropriate. If you need a reasonable accommodation 
to participate in these public meetings, or need this meeting notice or 
the transcript or other information from the public meetings in another 
format (e.g., braille, large print), please notify Kimberly Meyer, NRC 
Disability Program Manager, at 301-287-0727, by videophone at 240-428-
3217, or by email at <a href="/cdn-cgi/l/email-protection#f5be9c98979087998cdbb8908c9087d8b69d949897908786b59b8796db929a83"><span class="__cf_email__" data-cfemail="03486a6e6166716f7a2d4e667a66712e406b626e61667170436d71602d646c75">[email protected]</span></a> . Determinations 
on requests for reasonable accommodation will be made on a case-by-case 
basis.
* * * * *
    Members of the public may request to receive this information 
electronically. If you would like to be added to the distribution, 
please contact the Office of the Secretary, Washington, DC 20555 (301-
415-1969), or send an email to <a href="/cdn-cgi/l/email-protection#1a4a7b6e687379737b345073777f747f605a746879347d756c"><span class="__cf_email__" data-cfemail="2171405553484248400f6b484c444f445b614f53420f464e57">[email protected]</span></a> or 
<a href="/cdn-cgi/l/email-protection#98daeafdf6fcf9b6d9f3ebecedf4fdeff1fbe2d8f6eafbb6fff7ee"><span class="__cf_email__" data-cfemail="cc8ebea9a2a8ade28da7bfb8b9a0a9bba5afb68ca2beafe2aba3ba">[email protected]</span></a>.

    Dated: December 9, 2014.
Glenn Ellmers,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2014-29207 Filed 12-9-14; 4:15 pm]
BILLING CODE 7590-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### Graciela LEON, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

No. 99-71001.

INS No. [ AXX-XXX-XXX ].

United States Court of Appeals, Ninth Circuit.

*460Submitted March 12, 2001.1

Decided March 26, 2001.

Before WALLACE, SILVERMAN, and W. FLETCHER, Circuit Judges.

1

. The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM2

Graciela Leon, a native and citizen of Mexico, petitions pro se for review of a final decision of the Board of Immigration Appeals dismissing her appeal of an immigration judge’s denial of her application for suspension of deportation. Pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), the transitional rules apply, *see Kalaw v. INS,*133 F.3d 1147, 1150 (9th Cir.1997), and we therefore have jurisdiction under 8 U.S.C. § 1105a(a), as amended by IIRIRA § 309(c), *see Avetova-Elisseva v. INS,*213 F.3d 1192, 1195 n. 4 (9th Cir.2000). We deny the petition for review.

Leon contends that the “stop-time rule”—a new continuous physical presence requirement set forth in IIRIRA— cannot be applied to her because she is in deportation proceedings and the new rule applies only to applicants in removal proceedings. This contention is without merit. *See Ram v. INS,*243 F.3d 510, 513, 515 (9th Ci2001).

Leon’s contention that the stop-time rule violates equal protection is also without merit. *See id.*at 517.

We do not consider petitioner’s eligibility, if any, for relief under the class action pending in the district court in accordance with *Barahona-Gomez v. Reno,*167 F.3d 1228 (9th Cir.1999), *supplemental opinion,**461236 F.3d 1115 (9th Cir.2001). Our resolution of this case does not affect any interim or permanent relief awarded to members of the class certified in *Barahona-Gomez.*

PETITION FOR REVIEW DENIED.

2

. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
EXHIBIT 32.1

 

**CERTIFICATION PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Annual Report on Form 10-K for the period ended June 5, 2007 (the “Report”) of Ruby Tuesday, Inc. (the “Company”), as filed with the Securities and Exchange Commission on the date hereof, I, Samuel E. Beall, III, Chairman of the Board, President, and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

| Date:  August 3, 2007 | /s/ Samuel E. Beall, III |
|-----------------------|--------------------------|

Samuel E. Beall, III

Chairman of the Board, President,  and Chief Executive Officer
**Exhibit10(h)**

 

**SUMMARYDESCRIPTION OF TRUSTEES’ COMPENSATION**

 

The compensation paid to each IndividualTrustee and the Corporate Trustee is set forth in the Amendment to theAgreement of Trust, dated as of October 25, 1982 (the “Amendment”).  The Amendment is filed as Exhibit 3(a) to theForm 10-K.

 

Pursuant to the Amendment,each Individual Trustee receives at least $20,000 in annual compensation forservices as Trustee.  Each year, annualTrustee compensation is adjusted up or down (but not below $20,000) inaccordance with changes from the November 1981 level of 295.5 (the “1981Escalation Level”) in the All Commodities Producer Price Index (with 1967 = 100as a base).  The All Commodities ProducerPrice Index is published by the U.S. Department of Labor.  The adjustment is made at the end of eachfiscal year and is calculated on the basis of the proportion between (a) thelevel of such index for the November preceding the end of such fiscal year, and(b) the 1981 Escalation Level.

 

Alsopursuant to the Amendment, Deutsche Bank Trust Company Americas, as theCorporate Trustee, receives annual compensation in an amount equal to thegreater of (i) $20,000, or such other amount determined in accordance with theadjustments described in the preceding paragraph, or (ii) one quarter of onepercent (1/4 of 1%) of the Trust Moneys, exclusive of proceeds of sale of anypart of the Trust Estate (as such terms are defined in the Agreement of Trust),received by the Trustees and distributed to Trust Unitholders.

 

Additionally, each year theCorporate Trustee receives $62,500 (or more, if unanimously approved by theIndividual Trustees) to cover clerical and administrative services to MesabiTrust other than services customarily performed by a registrar or transfer agent.  In fiscal year 2005, the Trust paid theCorporate Trustee $62,500 for such services.

 

----
249.00786
STEVEN D'AMICO,

Appellant,

v.

DEPARTMENT OF 

CORRECTIONS, etc.,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D14-1109

_____________________________/

Opinion filed December 8, 2014.

An appeal from the Circuit Court for Leon County.

John C. Cooper, Judge.

Steven D'Amico, pro se, Appellant.

Jennifer Parker, General Counsel, Department of Corrections, Tallahassee; Pamela 

Jo Bondi, Attorney General, Tammy S. Metcalf, Assistant Attorney General, 

Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

WOLF, THOMAS, and WETHERELL, JJ., CONCUR.
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be

published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.

47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

February 10, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-11117

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ALICIA LOUISE SILLER,

Defendant-Appellant.

 

Appeal from the United States District Court for

the Northern District of Texas

(USDC No. 6:03-CR-009-C)

_______________________________________________________

Before REAVLEY, HIGGINBOTHAM and DeMOSS, Circuit Judges.

PER CURIAM:*

Due to the jury’s conflicting findings, there was no clear factual determination

regarding the amount of methamphetamine involved in the conspiracy. The verdict will

not support the sentence in excess of the statutory maximum of 20 years under 21 U.S.C.

§ 841(b)(1)(c). Sentence Vacated. Remanded.
EXHIBIT 4.6


 


TO:                            The
Purchasers of Intrusion Inc., Series 3 5% Convertible Preferred Stock and
Warrants


 


To Whom It May Concern:


 


This letter will confirm my agreement to vote all
shares of Intrusion Inc., a Delaware corporation (“INTZ”) voting stock
over which I have voting control in favor of any resolution presented to the
shareholders of INTZ to approve the issuance, in the aggregate, of more than
19.999% of the number of shares of common stock of INTZ outstanding on the date
of closing pursuant to that certain Securities Purchase Agreement, dated December 2,
2005, among INTZ and the purchasers signatory thereto (the “Purchase
Agreement”) and the other agreements entered into in connection therewith
or as otherwise may be required by the applicable rules and regulations of
the Nasdaq Stock Market (or any successor entity).  This agreement is given in consideration of,
and as a condition to enter into such Purchase Agreement and is not revocable
by me.


 


 


	
   

  	
  By:

  	
   

  
	
   

  	
   

  	
  Name of Shareholder:

  
	
   

  	
   

  	
  Percentage Beneficial
  Ownership: