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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6443

ISAAC EUGENE SLAPPY,

Petitioner - Appellant,

versus

STATE OF SOUTH CAROLINA; ATTORNEY GENERAL OF

THE STATE OF SOUTH CAROLINA,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Rock Hill. C. Weston Houck, Chief District

Judge. (CA-94-109-3-2-BD)

Submitted: January 7, 1997 Decided: Jan7uary 31, 1997

Before ERVIN and NIEMEYER, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Isaac Eugene Slappy, Appellant Pro Se. Donald John Zelenka, Chief

Deputy Attorney General, Columbia, South Carolina, 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Unpublished opinions are not binding precedent in this circuit.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 denying his

motion for a certificate of probable cause for appeal so that he

may appeal the district court's dismissal of his petition filed

under 28 U.S.C. § 2254 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat.

1214.

This court denied a certificate of probable cause for appeal

and dismissed Slappy's habeas corpus petition in Slappy v. South

Carolina, 92 F.3d 1181 (4th Cir. July 30, 1996) (No. 95-7725)

(unpublished), cert. denied, ___ U.S. ___, 65 U.S.L.W. 3353 (U.S.

Nov. 12, 1996) (No. 96-6191). Thus, this appeal is moot. Accordingly, we deny a certificate of probable cause 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
EXHIBIT
32





CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350








William
C. Owens as Chief Executive Officer and President of Owens Financial Group,
Inc., the General Partner of Owens Mortgage Investment Fund, a California
Limited Partnership (the “Registrant”), and Bryan H. Draper, as Chief Financial
Officer and Secretary of Owens Financial Group, Inc., hereby certify, pursuant
to 18 U.S.C. § 1350, that:




(1)  the
Registrant’s Report on Form 10-Q for the quarter ended June 30, 2008, as filed
with the Securities and Exchange Commission on the date hereof (the “Report”)
fully complies with the applicable 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 result of operations of the Registrant.








/s/ William C.
Owens


William
C. Owens


Chief
Executive Officer and President of Owens Financial Group, Inc., General
Partner


August
14, 2008





/s/ Bryan H.
Draper


Bryan H.
Draper


Chief
Financial Officer and Secretary of Owens Financial Group, Inc., General
Partner


August
14, 2008
#### John Sanderson and Wife *v.*Susan E. Hays, et al.

Lunatics — Conveyances.

Tiie deed of a lunatic is not void absolutely, but is susceptible of confirmation by tbe lunatic wben restored to sanity.

APPEAL FROM KENTON CHANCERY COURT.

February 6, 1875.

Opinion by

Judge Lindsay:

The testimony establishes very clearly that prior to 1844, and up to and after 1848, and in fact up to the present time, the mind of Mrs. Hays was and has all the while been seriously impaired, so much so, that she was in 1844 and in 1848 incapable of binding herself by a conveyance of her land, even though it may have been executed in strict conformity to the statutes regulating- the mode in which conveyances of real estate shall be made and executed by married women.

The circumstances all tend to show that Wolfe, the original pur*354chaser, was cognizant of Mrs. Hay’s condition at the time he accepted the original, and also when he procured the execution of the second deed.

*Pryor &*Chamber, *for appellants.*

*R. D. PIandyJ for appellee.*

This case does not come within the rule indicated in the cases of *Breckenridge’s Heirs v.*Ormsby, 1 J. J. Marsh. 236; *Shirleys v. Taylor’s Heirs,*5 B. Mon. 99, and *Hopson v. Boyd,*6 B. Mon. 296. In the first of these cases the alleged lunatic confirmed his deed after he had been restored to a sound mind, and the most that the court decided was that a conveyance executed by an insane person is not void absolutely, but is susceptible of confirmation by the lunatic when restored to sanity.

In the second case, a replevin bond was executed by a party who was acting as the agent of a supposed lunatic. Upon this bond an execution was sued out and levied upon a tract of land. The heirs of the lunatic sought to set aside the sale made under this levy upon the ground of their ancestor’s lunacy. The court held that inasmuch as the judgment upon which the first execution issued was regular and valid, that the replevy was for the benefit of the debtor; that there was no fraud, oppression or unfairness in taking the bond or in making the sale; that the sale of the land was necessary to pay an honest debt, and was for a fair price, and advantageous to the lunatic. There was no sufficient reason shown for the interposition of the chancellor.

In the third case, the contract was free from fraud and unfairness, and was seemingly advantageous to the lunatic; and therefore the court decided that it should be upheld.

In the case under consideration, an insane married woman wás induced to join with her husband in conveying away her patrimony. The husband, who should have protected the wife’s interest, received and appropriated the whple purchase price. The sale was not intended to be for the benefit of the wife. Nothing whatever was secured to her out of the price paid for the land, and there is no reason, legal or moral, why she shall not now be allowed to avoid a transaction which was a fraud upon her rights, and which operated to reduce her to absolute want.

We are constrained to approve the judgment of the chancellor.

Judgment *affirmed.*
I 

118TH CONGRESS 

1ST SESSION H. R. 1586 

To allow the Secretary of the Interior and the Secretary of Agriculture 

to use a fire retardant, chemical, or water for fire suppression, control, 

or prevention activities. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2023 

Mr. LAMALFA (for himself, Mr. PANETTA, Mr. NEWHOUSE, Mr. FULCHER, 

Mr. AUSTIN SCOTT of Georgia, Mr. MCCLINTOCK, Mrs. RADEWAGEN, 

Mr. NEHLS, Mrs. BOEBERT, Mr. CRAWFORD, Mrs. KIM of California, Mr. 

ZINKE, Mr. GARAMENDI, Mr. MOORE of Utah, Mr. OWENS, Mr. SIMPSON, Mr. KELLY of Mississippi, Mr. CALVERT, Mr. STAUBER, Mr. ISSA, 

Mrs. MILLER of Illinois, Mr. KILEY, Mr. ROSENDALE, Mr. COSTA, and 

Ms. HAGEMAN) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure, and in addition to the 

Committees on Natural Resources, and Agriculture, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To allow the Secretary of the Interior and the Secretary 

of Agriculture to use a fire retardant, chemical, or water 

for fire suppression, control, or prevention activities. 

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


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 1586 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Forest Protection and 

3 Wildland Firefighter Safety Act of 2023’’. 

4 SEC. 2. PERMITTING REQUIREMENTS FOR CERTAIN DIS5 CHARGES OF FIRE RETARDANT. 

6 (a) AUTHORIZED USES.—The Secretary of the Inte7 rior and the Secretary of Agriculture are each authorized 

8 to discharge a fire retardant, chemical, or water for fire 

9 suppression, control, or prevention activities. 

10 (b) PERMITTING REQUIREMENTS.—Notwithstanding 

11 any provision of the Federal Water Pollution Control Act 

12 (33 U.S.C. 1251 et seq.), a permit under section 402 of 

13 such Act (33 U.S.C. 1342) shall not be required for the 

14 activities authorized by subsection (a) or for similar activi15 ties conducted by a covered entity. 

16 (c) DEFINITION.—In this section, the term ‘‘covered 

17 entity’’ means— 

18 (1) the Forest Service; 

19 (2) the National Park Service; 

20 (3) the Bureau of Land Management; 

21 (4) the United States Fish and Wildlife Service; 

22 (5) the Bureau of Indian Affairs; 

23 (6) the Federal Emergency Management Agen24 cy; 

25 (7) a State or a political subdivision thereof; or 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 1586 IH

1 (8) a Tribal government. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
#### L. Smith, et al., *v.*Matilda Watson, et al.

Infants — Sale of Real Estate — Petition for Conveyance.

Where it is shown by infants that no bond was executed for the sale of their land, or that they or their guardian had received no part of the purchase money, notwithstanding the order of the court recites that a bond was given, the proceeding to sell in so far as it affected the infants was void, and a conveyance under such sale should not be made.

APPEAL FROM CUMBERLAND CIRCUIT COURT.

March 2, 1875.

Opinion by

Judge Pryor:

The report of the commissioner fails to state that the interest of the infants required a sale of the land. It also appears that no bond was executed prior to the rendition of the judgment, or even after-wards.

The answer of the appellees to the petition of the purchaser, asking for a conveyance of the land, denies that any bond was ever executed, or that they had received, or their guardian for them, an}'part of the purchase money.

The order of court recites that a bond was executed; but this bond, *413when the issue as to its execution is distinctly made by the appellees, is not produced, nor is it shown that any was ever executed except the recital in the order. The proceeding, so far as it affected the infants, was void, and the court below should have refused a conveyance. The judgment is reversed and cause remanded for further proceedings consistent with the opinion.

*A. J. James, Scott Walker, for appellants.*
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

SCOTTIE MITCHELL,

Petitioner

:

:

:

vs.

UNITED STATES OF AMERICA,

 Respondent. 

:

:

:

:

:

 CIVIL ACTION: 14-0574-KD-N

 CRIMINAL NO.: 12-0299-KD-N

 

ORDER

After due and proper consideration of all portions of this file deemed relevant to the 

issues raised, and there having been no objections filed, the Recommendation of the Magistrate 

Judge, dated January 8, 2016, made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the 

opinion of this Court. 

Accordingly, it is ORDERED that Petitioner Mitchell’s Motion to Vacate, Set Aside, or 

Correct Sentence under 28 U.S.C. § 2255 (Doc. 58) is hereby DENIED, that Grounds One and 

Two are DISMISSED with prejudice, that Ground Three is DISMISSED without prejudice, that 

the Petitioner is found not entitled either to a Certificate of Appealability or proceed in forma 

pauperis on appeal.

DONE and ORDERED this 19th day of February 2016.

/s/ Kristi K. DuBose 

KRISTI K. DuBOSE 

UNITED STATES DISTRICT JUDGE

Case 1:12-cr-00299-KD-N Document 67 Filed 02/22/16 Page 1 of 1
Exhibit 32.2



                            CERTIFICATION PURSUANT TO
                               18 U.S.C. ss. 1350,
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection  with the Quarterly  Report of Global  Environmental  Energy Corp.
(the "Company") on Form 10-QSB for the period ending February 28, 2005, as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Salim Ghafari , Chief Financial Officer of the Company,  certify, pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that, to the best of my knowledge and belief:

     (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 result of  operations of the
Company.


/s/Salim Ghafari
------------------------------
Chief Financial Officer and Director. (or equivalent thereof)

Date:  April 25, 2005








This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and  shall not be deemed  filed by the  Company  for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears 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.
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Kenneth A. Shewer, hereby certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Annual Report on Form 10-K of World Monitor Trust II  Series D for the period October 1, 2007 to December 31, 2007, as filed with the Securities and Exchange
Commission on the date hereof (the Annual 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 Annual Report fairly presents, in all material respects, the financial condition and results of operations of Registrant.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------



|                     
|---------------------
|/s/ Kenneth A. Shewer
|Kenneth A. Shewer    

Co-Chief Executive Officer

(Principal Executive Officer)

Date: March 20, 2008
<PAGE>   1



                                                                    EXHIBIT 11.1


                    Computation of Earnings per Common Share



<TABLE>
<CAPTION>
                                   Three Months Ended        Nine Months Ended
                                     September 30,             September 30,
                                   2000         1999         2000          1999
                                 ----------   ----------   ----------   ----------
<S>                             <C>            <C>         <C>          <C>
Basic Earnings
  Net Income to Common Shares    $  772,018   $1,409,032   $2,463,912   $1,530,984

Basic Shares
  Weighted Average Outstanding    4,309,189    4,290,079    4,329,615    4,255,737


Basic Earnings per Share         $     0.18   $     0.33   $     0.57   $     0.36
                                 ==========   ==========   ==========   ==========

Net Income for Diluted Shares       845,818    1,409,032    2,685,312    1,530,984
Diluted Shares
  Weighted Average Outstanding    4,901,457    4,290,079    4,783,456    4,255,737


Diluted Earnings per Share       $     0.17   $     0.33   $     0.56   $     0.36
                                 ==========   ==========   ==========   ==========
</TABLE>
* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4.

1 21 U.S.C. §§ 841(a)(1), 846.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-10469 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

MOSES RAMIREZ, Defendant-Appellant.

Appeal from the United States District Court
For the Northern District of Texas (3:96-CR-388-H)

June 30, 1998

Before POLITZ, Chief Judge, WIENER and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *



### Mo ses Ramirez, convicted in a jury trial of possession with intent to

distribute heroin, 1 

### timely appea ls. His sole contention on appeal is that the2 Batson v. Kentucky , 476 U.S. 79 (1986).

3 See Palmer v. Lares

, 42 F.3d 975 (5th Cir. 1995); United States v. Pofahl , 990 F.2d 1456 (5th Cir. 1993); United States v. Moreno , 878 F.2d 817 (5th Cir. 1989).

2 

### prosecution committed a Batson 2 

### violation by striking from the jury panel the only

two black members. Our review of the record and briefs persuades that the district

court did not err in its rejection of Ramirez’s objection to the government’s use of

peremptory challenges on these two members of the jury venire. 3



### The conviction and sentence are AFFIRMED.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T h e p a rtie s c o n s e n te dto p r o c e e db e f o r e am a g is tr a te ju d g e . See 28 ** U .S .C . § 6 3 6 ( c ) .

T he pa ne l una ni m ous l yc onc l ude s the s e appe a l s a r e s ui t abl e f or ** * d e c is io n w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T J OH N P . WAR DE N, P la in tif

f - A p p e lla n t, v. C OO L I DG E UN I F I E D S C HO OL D I S T R I C T , e t a l., D efen d an t s - A p p el l ees. N o s . 0 9 - 1 6 5 9 4 , 09- 17610 D. C . No . 2 : 0 7 - c v - 0 2 2 7 3 - MHB ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

A r i z ona M i c he l l e H . B urns , M a gi s tr a t e J udge , P r e s i di ng ** S ubm i tt e d S e pt e m be r22, 2010 *** B e f o r e : W A L L A C E , H A W K I N S , a n dT H O M A S , C ir c u it Ju d g e s . 

# FI LED OC T 05 2010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS09- 16594 2 W e a f f i rm the di s tr i c tc ourt ’ s di s m i s s a l a nd s um m a ryj udgm e nti n f a vorof de f e nda nt s on J ohn P . W a r de n’ s ( “ W a r de n” ) e qua l pr ot e c t i on, T i t l e V I I , a nd A m er ican s w ith D isab il it ies A ct claim s f o r th e r ea so n s s tatedin th e d istrict co u rt’s or de r s e nt e r e d on D e c e m be r16, 2008 a nd Jul y1, 2009. W e do notc ons i de rW a r de n’ s a r gum e nt s tha tw e r e nots pe c i f i c a l l ya nd d is tin c tlya r g u e dth e o p e n in g b r ie f . Se e Fr i e nds of

Y os e m i te V

al le yv . Ke m pthorne , 52 0 F . 3d 10 24 , 10 33 (9th C i r. 20 08 ). W ar den’ s r em ai ni ng cont ent i on s c on ce rni ng the di stri ctcourt ’ s di sm i ss al a n ds u m m a ryju d g m e n t a r e u n p e r s u a s iv e . W e vac at e the di stri ctcourt ’ s aw ar d o f a tt orney’ s f ee s t o C oo l i dg e U ni fi ed S choo l D i stri ctbecause there i s no i nd i ca t i on i n the re cord thatthe di stri ctcourt co n si d ered W ard en ’ s p ro se st atu s o r fo u n dh i s act i o n t o b e fri v o l o u s, u n r e a s o n ab le , o rw ith o u t f o u n d a tio n . See Mi l lerv. L . A . C ou nt y B d. of E du c. , 827 F .2 d6 1 7 , 6 1 9 - 2 0 ( 9 th C ir . 1 9 8 7 ) ; s e e al s o Mc G r ath v . C ount

yof N e v ada , 67 F . 3d 2 4 8 , 2 5 3 ( 9 th C ir . 1 9 9 5 ) ( th e d is tr ic t c o u rt m u s t e x p la in h o w it e x e r c is e dits d is c r e tio n in c a lc u la tin g a n a tto rn e y ’s f e e a w a r d ) . E a c h p a rtys h a ll b e a rits o w n c o s ts o n ap p e a l. A FFI R M ED in p a r t , V A C A T E D in p a r t , a n d R E M A N D E D .
I 

118TH CONGRESS 

1ST SESSION H. R. 1467 

To adjust the amount of monthly old-age, survivors, and disability insurance 

payments under title II of the Social Security Act based on localitybased comparability payment rates. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2023 

Ms. MENG introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To adjust the amount of monthly old-age, survivors, and 

disability insurance payments under title II of the Social 

Security Act based on locality-based comparability payment rates. 

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 ‘‘Locality-based Social 

5 Security Benefits Act of 2023’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 1467 IH

1 SEC. 2. SOCIAL SECURITY BENEFIT AMOUNTS ADJUSTED 

2 TO REFLECT LOCALITY-BASED COM3 PARABILITY PAYMENT RATES. 

4 Notwithstanding title II of the Social Security Act, 

5 the Commissioner of Social Security shall increase the 

6 monthly benefit amount to which each individual is other7 wise entitled under such title by the percentage deter8 mined by the President under sections 5304 and 5304a 

9 of title 5, United States Code, for the locality pay area 

10 (as established in section 531.603 of title 5, Code of Fed11 eral Regulations) in which the individual resides at the 

12 time of such increase. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                         841501
<NAME>                        OWENS MORTGAGE INVESTMENT FUND
<MULTIPLIER>                  1
<CURRENCY>                    U.S DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               DEC-31-1997
<PERIOD-START>                  APR-01-1997
<PERIOD-END>                    JUN-30-1997
<EXCHANGE-RATE>                 1             
<CASH>                           10,912,248               
<SECURITIES>                              0
<RECEIVABLES>                     1,354,417
<ALLOWANCES>                              0
<INVENTORY>                               0
<CURRENT-ASSETS>                 13,267,365              
<PP&E>                            6,791,006
<DEPRECIATION>                            0
<TOTAL-ASSETS>                  185,701,478
<CURRENT-LIABILITIES>               609,788
<BONDS>                                   0
<PREFERRED-MANDATORY>                     0
<PREFERRED>                               0
<COMMON>                                  0
<OTHER-SE>                      185,091,690
<TOTAL-LIABILITY-AND-EQUITY>    185,701,478
<SALES>                           5,318,390
<TOTAL-REVENUES>                  5,318,390
<CGS>                                     0
<TOTAL-COSTS>                             0
<OTHER-EXPENSES>                  1,266,398
<LOSS-PROVISION>                          0
<INTEREST-EXPENSE>                        0
<INCOME-PRETAX>                   4,051,992
<INCOME-TAX>                              0
<INCOME-CONTINUING>               4,051,992
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                      4,051,992
<EPS-PRIMARY>                     .022
<EPS-DILUTED>                     .022
        


</TABLE>