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UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-8269

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

CARLOS DEMETRICE HORNE, 

 Defendant - Appellant. 

Appeal from the United States District Court for the Eastern 

District of Virginia, at Richmond. Richard L. Williams, Senior 

District Judge. (3:06-cr-00108-RLW-1; 3:07-cv-00579-RLW) 

Submitted: February 19, 2009 Decided: February 26, 2009 

Before WILKINSON, DUNCAN, and AGEE, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Carlos Demetrice Horne, Appellant Pro Se. Olivia N. Hawkins, 

OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

 Carlos Demetrice Horne seeks to appeal the district 

court’s order denying relief on his 28 U.S.C. § 2255 (2006) 

motion and subsequent motion to reconsider pursuant to Fed. R. 

Civ. P. 59. The orders are not appealable unless a circuit 

justice or judge issues a certificate of appealability. 28 

U.S.C. § 2253(c)(1) (2006). 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) (2006). A 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that any assessment of the 

constitutional claims by the district court is debatable or 

wrong and that any dispositive procedural ruling by the district 

court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 

322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); 

Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have 

independently reviewed the record and conclude that Horne 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 materials before the 

court and argument would not aid the decisional process. 

DISMISSED
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

SCOTT B. MORRIS, SR., )

)

 Petitioner, )

)

vs. ) CIVIL ACTION NO.15-00358-KD-B

)

HUEY HOSS MACK, )

)

 Respondent. )

ORDER

After due and proper consideration of all portions of this 

file deemed relevant to the issue raised, and there having been 

no objections filed, the Report and Recommendation of the 

Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED

as the opinion of this Court. Accordingly, this action is 

DISMISSED without prejudice for failure to prosecute.

DONE this 16th day of March 2016.

s/ Kristi K. DuBose

KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE

Case 1:15-cv-00358-KD-B Document 7 Filed 03/16/16 Page 1 of 1
Certification 

I, Haig Keledjian,certify that: 

1.           I havereviewed this annual report on Form 10-KSB for the year ended December 31, 2006 of ViralGenetics, Inc.; 

2.           Based on myknowledge, this report does not contain any untrue statement of a material fact or omitto state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to theperiod covered by this report; 

3.           Based on myknowledge, the financial statements, and other financial information included in thisreport, fairly present in all material respects the financial condition, results ofoperations and cash flows of the small business issuer as of, and for, the periodspresented in this report; 

4.           The smallbusiness issuer's other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules13a-15(e) and 15d-15(e)) for the small business issuer and have: 

(a)           Designed suchdisclosure controls and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relating to thesmall business issuer, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report isbeing prepared;

(b)           Evaluated theeffectiveness of the small business issuer's disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and

(c)           Disclosed inthis report any change in the small business issuer's internal control over financialreporting that occurred during the small business issuer's most recent fiscal quarter(the small business issuer's fourth fiscal quarter in the case of an annual report) thathas materially affected, or is reasonably likely to materially affect, the small businessissuer's internal control over financial reporting; and

5.           The smallbusiness issuer's other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the small businessissuer's auditors and the audit committee of the small business issuer's board ofdirectors (or persons performing the equivalent functions):

(a)           Allsignificant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect thesmall 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 who have asignificant role in the small business issuer's internal control over financial reporting.
```

                                                                  EXHIBIT 10.51

SUMMARY OF ORAL AMENDMENT TO LETTER AGREEMENT OF EMPLOYMENT, DATED AS OF JUNE
11, 2002, WITH JONATHAN STERN

Effective, March 16, 2004 and March 22, 2005, Register.com, Inc. amended Mr.
Stern's letter agreement to provide increases to his base salary of $10,000 and
$7,800, respectively, bringing his total base salary under Section 2 of his
Letter Agreement of Employment, dated as of June 11, 2002 (the "Agreement") to
$267,800.

Effective March 9, 2005, Register.com, Inc. further amended Section 3 of the Mr.
Stern's letter agreement to modify his bonus eligibility for the year ended
December 31, 2004 pursuant to which he received a bonus for such year of
$157,686.
```
Independent Accountants Report on Applying Agreed-Upon Procedures

 

To Household Finance Corporation:

We have performed procedures enumerated below in items A. and B. in conjunction with Section 4.11 of the Master Sale and Servicing Agreement, dated June 1, 1999 (the "Agreement").

- We have audited, in accordance with auditing standards generally accepted in the United States, the consolidated financial statements of Household Finance Corporation (the "Servicer") and subsidiaries as of December 31, 2000, and haveissued our report thereon dated January 15, 2001.  We have not audited any financial statements of the Servicer as of any date or for any period subsequent to December 31, 2000, or performed any audit procedures subsequent to the date of our report onthose statements.  As part of our audit, we reviewed documents and records relating to the servicing of consumer automobile finance receivables under the Agreement.  In connection with our audit, we noted no exceptions or errors in the records relating tothe servicing of consumer automobile finance loans that, in our opinion, generally accepted auditing standards required us to report.
- We have performed the procedure described in the following paragraph, which was agreed to by the management of the Servicer, with respect to Section 4.11 of the Agreement, in conjunction with the servicing of consumer automobile finance receivablesowned by Household Automotive Trust III.  This agreed-upon procedure was performed in accordance with standards established by the American Institute of Certified Public Accountants.  The sufficiency of the procedure is solely the responsibility of theServicer.  Consequently, we make no representation regarding the sufficiency of the procedure described below either for the purpose for which this report has been requested or for any other purpose.

The procedure and associated findings are as follows:

From the Monthly Servicers Certificates prepared by the Servicer between January, 2000 and December, 2000, we selected the following months and performed the following:

We have compared the mathematical calculation of each amount set forth in the Monthly Servicers Certificates to the Servicers accounting records for the month of February, 2000 for Series 1999-1 and found it to be in the agreement.  Our comparisonswere based on records provided to us by the Servicer and the methodology set forth in the Agreement.

With respect to the procedure performed in item B. above, we were not engaged to, and did not, perform an audit, the objective of which would be the expression of an opinion on the Monthly Servicers Certificates described above.  Accordingly, we donot express such an opinion.  Had we been engaged to perform additional procedures, other matters might have come to our attention that would have been reported to you.

This report is intended solely for the information and use of the Servicer and should not be used for any other purpose.

Arthur Andersen LLP

Chicago, Illinois

March 21, 2001
Order entered November 29, 2017

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-17-00884-CR

RUDOLPH EDMONDS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 291st Judicial District Court

Dallas County, Texas

Trial Court Cause No. F16-70406-U

ORDER

By order entered on October 30, 2017, the Court directed Official Court Reporter Sasha 

Brooks to file the overdue reporter’s record within twenty-five days or the Court would utilize its 

available remedies to ensure the timely filing of the record. On November 27, 2017 Ms. Brooks 

filed a request seeking a short extension.

We GRANT Ms. Brook’s November 27, 2017 request and ORDER her to file the 

reporter’s record in this appeal on or before December 1, 2017. We caution Ms. Brooks that the 

failure to file the reporter’s record by that time may result in the Court utilizing whatever 

remedies it has available, including ordering that she not sit until the complete reporter’s record 

in these appeals is filed. 
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the 

Honorable Stephanie Mitchell, Presiding Judge, 291st Judicial District Court; to Sasha Brooks, 

official court reporter, 291st Judicial District Court; and to counsel for all parties.

/s/ LANA MYERS 

JUSTICE
## NO. 12-09-00032-CV
IN THE COUR T OF APP EALS
TWELFTH COURT OF APP EALS D ISTR ICT

TYLER, TEXA S

RICK EY T. TERR Y, § APPEAL F ROM THE 7TH APPELLANT
V. § JUDICIAL DISTRI CT COURT OF
SHERI FF J .B. SMI TH

, SMI TH CO UN TY

AN D § SMI TH CO UN TY

, T EXAS SMITH C OUNTY DETENTION, APP ELL EES MEMORA NDUM OPIN ION PER CU RIAM Th is a pp e a l is be ing dis mis se d f or wa nt o f jurisd ic tio n p ur su a nt t o T e xa s Ru le of Ap pe llate Procedur e 42.3(a ). The tri al co urt’s judgment was signed on D ece mber 8, 2008. Unde r rule of appellate proce dure 26.1( a), unle ss Appellant ti mely filed a motion for ne w trial or other postjudgment mot ion that extended the appellate deadlines, his notice of appe al was due to have been f iled “within 30 days af

ter the judgment [w as] signed,” i.e., Janua ry 7, 2009. Appe llant did not file his n o t i ce of appe al until January 29, 2009, a nd had not pre viously filed any motions that

e xte nd e d th e de a dli ne fo r f ili ng his no tic e of

app e a l. On Ja nuary 30 , 2 00 9, thi s c ou rt no tif ie d A pp e lla nt p ur su a nt t o T e xa s Ru le of Ap pe llate Pr oc e du re 42 .3 (a ) that hi s n oti c e of app e a l wa s un tim e ly. Ap pe lla nt w a s f urthe r i nf orme d th a t un le ss the re cord was amended on or before February 9, 2009 to establish the jurisdiction of this court, the

app e a l w ou ld b e dis mis se d. On Fe br ua ry 13 , 2 00 9, Ap pe lla nt fi le d a mot ion fo r e xte ns ion of tim e to f ile his brie f, bu t di d n ot f

urnis h a ny inf

orma tio n s ho wi ng the jurisd ic tio n of thi s c ou rt . Be c a us e this c ourt is not authorize d to e xtend the time f or perf ecting an appe al exc ept as provide d by Texa s Rul e s of Ap pe llate Pr oc e du re 26 .1 a nd26 .3 , th e app e a l is dismiss ed for wan t of juris diction

. See T EX
. R. A PP
. P. 4 2. 3( a ). Al l pe nd ing mot ion s a re ov e rr ule d a s mo ot. Opinion delivere d February 18, 2009. P an el consi s t ed of

W ort hen, C. J. , G r i

f f i t h, J. , and H oyl e, J.

(PUBLISH)
Motion to file amicus curiae brief granted.

#### Sabrina Ortiz, Respondent, v Ciolfar Bowl, Inc., Doing Business as Van Nest Lanes, et al., Appellants.

[974 NYS2d 462]

Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered August 3, 2012, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Flaintiff alleges that she slipped and fell in defendants’ bowling alley as she started to throw the ball, because her bowling shoes became wet after she twice walked over a soaking wet carpet near the establishment’s entrance. Defendants submitted evidence showing that plaintiff left the bowling alley wearing her bowling shoes, while it was raining outside, and then returned a short time later to resume bowling.

*524The court properly denied defendants’ motion for summary judgment because the record presents issues of fact, including whether there was a wet carpet by the entrance of the bowling alley, which created a risk that was unique and resulted in a dangerous condition over and above the usual dangers inherent in bowling *(see Allwood v CW Post Coll.,*190 AD2d 704 [2d Dept 1993]). Although plaintiff testified she had bowled several times before, there is a question as to whether she knew her shoes were wet when she approached the lane and whether she appreciated the heightened risk of bowling with wet shoes *(see Radwaner v USTA Natl. Tennis Ctr.,*189 AD2d 605 [1st Dept 1993]; *Kremerov v Forest View Nursing Home, Inc.,*24 AD3d 618 [2d Dept 2005]). Plaintiffs conduct in attempting to bowl while her shoes were wet is merely one factor relevant in the assessment of her culpable conduct *(see*CPLR 1411).

Furthermore, while defendants presented evidence that they had no actual or constructive notice that the carpet was wet since it was observed to be dry shortly before and after the accident, plaintiff’s conflicting testimony concerning the wet condition of the carpet presents a question of fact as to whether defendants had constructive notice of the wet carpet *(see Fundaro v City of New York,*272 AD2d 516 [2d Dept 2000]). Concur — Mazzarelli, J.P., Saxe, Moskowitz, DeGrasse and Gische, JJ.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2167 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2167

     To provide for a limitation on availability of funds for U.S. 
 Department of Interior, National Park Service, Historic Preservation 
                       Fund for fiscal year 2024.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2023

Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia, 
   Mr. Roy, and Mr. Crane) introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
     To provide for a limitation on availability of funds for U.S. 
 Department of Interior, National Park Service, Historic Preservation 
                       Fund for fiscal year 2024.

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

SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR U.S. DEPARTMENT OF 
              INTERIOR, NATIONAL PARK SERVICE, HISTORIC PRESERVATION 
              FUND FOR FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for U.S. Department of 
Interior, National Park Service, Historic Preservation Fund for fiscal 
year 2024 may not exceed $102,660,000.
                                 <all>
```
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

DOROTHY M. HOLCOMBE, : 

 

 Plaintiff, : 

vs. : 

 CIVIL ACTION 15-0028-KD-M 

CAROLYN W. COLVIN, : 

Commissioner of 

Social Security, : 

 Defendant. : 

 

JUDGMENT

In accordance with the Order entered this date, it is 

ORDERED, ADJUDGED, and DECREED that JUDGMENT be entered in favor 

of Plaintiff Dorothy M. Holcombe and against Defendant Carolyn 

W. Colvin. 

DONE this 23rd day of July, 2015. 

 s/BERT W. MILLING, JR. 

 UNITED STATES MAGISTRATE JUDGE

Case 1:15-cv-00028-KD-M Document 16 Filed 07/23/15 Page 1 of 1
I 

118TH CONGRESS 

1ST SESSION H. R. 2083 

To provide for a limitation on availability of funds for The Judiciary, Court 

of Appeals, District Courts, and Other Judicial Services, Salaries and 

Expenses, National Childhood Vaccine Injury Act for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To provide for a limitation on availability of funds for The 

Judiciary, Court of Appeals, District Courts, and Other 

Judicial Services, Salaries and Expenses, National Childhood Vaccine Injury Act for fiscal year 2024. 

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


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 2083 IH

1 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 THE JUDICIARY, COURT OF APPEALS, DIS3 TRICT COURTS, AND OTHER JUDICIAL SERV4 ICES, SALARIES AND EXPENSES, NATIONAL 

5 CHILDHOOD VACCINE INJURY ACT FOR FIS6 CAL YEAR 2024. 

7 Notwithstanding any other provision of the law, 

8 amounts authorized to be appropriated or otherwise avail9 able for The Judiciary, Court of Appeals, District Courts, 

10 and Other Judicial Services, Salaries and Expenses, Na11 tional Childhood Vaccine Injury Act for fiscal year 2024 

12 may not exceed $8,475,000. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
<PAGE>

                                                                    EXHIBIT 32.2
                                 SYMBION, INC.
                           CERTIFICATION PURSUANT TO
                            18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Annual Report on Form 10-K of Symbion, Inc. (the
"Company") for the year ended December 31, 2004, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Kenneth C.
Mitchell, Chief Financial Officer and Senior Vice President of Finance of 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:

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

            (2) Information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Date: March 28, 2005

                                           /s/ Kenneth C. Mitchell
                                           -------------------------------------
                                           Kenneth C. Mitchell
                                           Chief Financial Officer and
                                           Senior Vice President of Finance
IN	THE	UNITED	STATES DISTRICT	COURT

FOR	THE	SOUTHERN	DISTRICT	OF	ALABAMA

SOUTHERN	DIVISION

JAMES	DOUGLAS	LEWIS,	JR. )

AIS	#00302892, )

Petitioner, )

)

v. )				 CIVIL	ACTION	NO.	15-00273-CB-N

)

CYNTHIA	STEWART, )

Respondent. )

JUDGMENT

In	accordance	with	the	Order	entered	on	this	date adopting	the	recommendations	of	

the	 Magistrate	 Judge,	 it	 is	 ORDERED,	 ADJUDGED,	 and	 DECREED that	 JUDGMENT	 is	

entered	in	favor	of	the	Respondent	and	against	Petitioner	James	Douglas	Lewis,	Jr.,	that	this	

action under	28	U.S.C.	§	2241 is	DISMISSED	with	prejudice, and	that	Lewis is	not	entitled	

to	a	certificate	of	appealability	or to	appeal	in	forma	pauperis.

DONE	and	ORDERED	this	the	7th day	of	July, 2016.

/s/Charles	R.	Butler,	Jr.

SENIOR	UNITED	STATES	DISTRICT	JUDGE

Case 1:15-cv-00273-CB-N Document 35 Filed 07/07/16 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               APR-02-2000
<EXCHANGE-RATE>                                      1
<CASH>                                          10,294
<SECURITIES>                                         0
<RECEIVABLES>                                   18,590
<ALLOWANCES>                                       160
<INVENTORY>                                     10,204
<CURRENT-ASSETS>                                39,662
<PP&E>                                          15,284
<DEPRECIATION>                                   9,610
<TOTAL-ASSETS>                                  45,652
<CURRENT-LIABILITIES>                           11,838
<BONDS>                                          4,888
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            78
<OTHER-SE>                                      27,051
<TOTAL-LIABILITY-AND-EQUITY>                    45,652
<SALES>                                         21,361
<TOTAL-REVENUES>                                21,361
<CGS>                                           12,677
<TOTAL-COSTS>                                   12,677
<OTHER-EXPENSES>                                 1,330
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 106
<INCOME-PRETAX>                                  1,794
<INCOME-TAX>                                       638
<INCOME-CONTINUING>                              1,156
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,156
<EPS-BASIC>                                       0.17
<EPS-DILUTED>                                     0.16


</TABLE>