alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In re: Johnny F. HARRIS, Debtor. Johnny F. Harris, Appellant, v. The Boyd G. Montgomery Testamentary Trust; The Law Firm of Chisenhall, Nestrud & Julian; Mark W. Hodge, Appellees, In re: Johnny F. Harris, Debtor. Johnny F. Harris, Appellant, v. The Boyd G. Montgomery Testamentary Trust, Appellee.

No. 07-1977.

United States Court of Appeals, Eighth Circuit.

Submitted: May 7, 2008.

Filed: May 12, 2008.

Johnny F. Harris, Little Rock, AR, pro se.

Mark W. Hodge, Chisenhall *&*Nestrud, Little Rock, AR, for Appellee.

Before BYE, M. SMITH, and BENTON, Circuit Judges.

PER CURIAM.

Johnny Harris appeals the Bankruptcy Appellate Panel’s (BAP’s) decision to dismiss, for failure to prosecute, his appeals from two bankruptcy court1 orders. The BAP did not abuse its discretion. The BAP granted Harris two extensions of time to file his brief, and gave him notice that no further extensions would be granted, yet he still did not file his brief by the second extended date. *See In re Beachport Entm’t,*396 F.3d 1083, 1086-87 (9th Cir.2005) (BAP’s imposition of sanctions, including summary dismissal for non-compliance with procedural requirement, is reviewed for abuse of discretion and court does not reach merits of bankruptcy court’s ruling); *see also In re Tampa Chain Co., Inc.,*835 F.2d 54, 55 (2d Cir.1987) (per curiam) (district court’s decision dismissing bankruptcy appeal for failure to timely file brief will be affirmed unless court has abused discretion); *cf. Soliman v. Johanns,*412 F.3d 920, 921-22 (8th Cir.2005) (although pro se litigant suffered extreme family hardship, court did not abuse its discretion in denying request for extension to file response; court merely enforced deadline and even pro se litigants must comply with court rules and directives).

*646Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The Honorable Audrey R. Evans, Chief Judge, United States Bankruptcy Court for the Eastern District of Arkansas.
##### 



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549
 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934 January 5, 2005
(Date of Report  date of earliest event reported) BROOKFIELD HOMES CORPORATION   Delaware
    
    001-31524
    
    37-1446709(State or Other Jurisdiction of
Incorporation or Organization)
    
    (Commission File Number)
    
    (I.R.S. Employer
Identification No.)12865 Pointe Del Mar
Suite 200
Del Mar, California
(Address of Principal
Executive Offices)
    
    
    
    92014
(Zip Code)
 (858) 481-8500
(Registrants Telephone Number, Including Area Code) Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligation of the registrant under any of the following provisions:  o
    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)o
    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)o
    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17
CFR 240.14d-2(b))o
    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17
CFR 240.13e-4(c))




---



##### 



Item 2.02.     Results of Operations and Financial Condition. On January 5, 2005, Brookfield Homes Corporation issued a press release announcing its 2004
closings and net new orders for the year and quarterly period ended December 31, 2004. A copy of
the press release is attached hereto as Exhibit 99.1. Item 9.01.     Financial Statements and Exhibits.  (c)
    Exhibits:  99.1
    Press Release issued by Brookfield Homes Corporation on January 5, 2005. 1




---



##### 



SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused
this report to be signed on its behalf by the undersigned hereunto duly authorized. Date: January 7, 2005 BROOKFIELD HOMES CORPORATIONBy:
    /s/ PAUL G. KERRIGANPaul G. KerriganExecutive Vice President, Chief Financial Officer
and Treasurer 2




---



##### 



EXHIBIT INDEX Exhibit Number
    
    Exhibit99.1
    
    Press Release issued by Brookfield Homes Corporation on January 5, 2005.
 3
666 A.2d 160

#### IN THE MATTER OF RICHARD P. CONSOLE, AN ATTORNEY AT LAW.

November 3, 1995.

ORDER

The Disciplinary Review Board having filed a report with the Court on December 13, 1994, recommending that RICHARD P. CONSOLE formerly of BERLIN, who was admitted to the bar of this State in 1977, and who was thereafter temporarily suspended by Order of this Court dated May 27, 1992, and who remains suspended at this time, be disbarred for his conviction of mail fraud, (18 *U.S.C.A.*1341), conspiracy, and racketeering (18 *U.S.C.A.*1962);

And respondent having been ordered to show cause why he should not be disbarred or otherwise disciplined;

*549And good cause appearing;

It is ORDERED that the report and recommendation of the Disciplinary Review Board are adopted and that RICHARD P. CONSOLE be disbarred, effective immediately, and that his name be stricken from the roll of attorneys of this State; and it is further

ORDERED that all funds, if any, currently existing in any New Jersey financial institution maintained by RICHARD P. CONSOLE, pursuant to *Rule*1:21-6 be restrained from disbursement except on application to this Court, for good cause shown, and shall be transferred by the financial institution to the Clerk of the Superior Court, who is directed to deposit the funds in the Superior Court Trust Fund, pending further Order of this Court; and it is further

ORDERED that RICHARD P. CONSOLE comply with *Rule*1:20-20 dealing with disbarred attorneys; and it is further

ORDERED that RICHARD P. CONSOLE reimburse the Disciplinary Oversight Committee for appropriate administrative costs.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2222 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2222

   To provide for a limitation on availability of funds for Related 
 Agencies, Woodrow Wilson International Center for Scholars, Salaries 
                   and Expenses 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 House Administration

_______________________________________________________________________

                                 A BILL

 
   To provide for a limitation on availability of funds for Related 
 Agencies, Woodrow Wilson International Center for Scholars, Salaries 
                   and Expenses 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 RELATED AGENCIES, 
              WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS, 
              SALARIES AND EXPENSES FOR FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for Related Agencies, Woodrow 
Wilson International Center for Scholars, Salaries and Expenses for 
fiscal year 2024 may not exceed $0.
                                 <all>
```
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT FELIC IANO GAR C IA-LOPEZ, Pe titione r, v. ERIC H. HOLDER , Jr., Attorne y Ge ne ra l, R

e sponde nt . No. 11-73902 Age n c y No. A097-126-099 M EM O R ANDUM *

On Pe tition for Re vie w of a n Orde r of the B oa rd of Im m igration Appe a ls Subm itte d July 22, 2014 ** B e fore : GOODW IN, C ANB Y, a nd C ALLAHAN, C irc uit Judge s . Fe lic ia no Ga rc ia -Lope z , a

native and c itiz e n of Gua t e m a la , pe titions for re vie w of the B oa

rd of Im m igration Appe a ls’ (“ B IA” ) orde r dism issing his a ppe a l from an im m igration judge ’ s de c ision de ny ing his a pplic ation for a sy lum

and withholding of rem o v a l. W e have jurisdic tion unde r 8 U.S.C . § 1252. W e re vie w 

# FIL ED JUL 30 2014 M OLLY C. DW Y ER, CLERK U . S . CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).de novo que stions of la w a nd re vie w for substa

ntia l e vide nc e the a ge nc y ’ s fa c tua l findings. W

ak k ary v . Holde r , 558 F.3d 1049, 1056 (9th C ir. 2006). W e de ny the pe tition for re vie w. The re c ord doe s not c om

pe l the c onc lusion tha

t Ga rc ia -Lope z e sta

blishe d c ha nge d or e xtra ordina

ry c irc um sta

nc e s to e xc u se his untime ly a sy l um a pplic ation. Se e8 C .F.R . §§ 1208.4(a)(4), (5); se e also Ramadan v. Gonzale s , 479 F.3d 646, 657-58 (9th C ir. 2007) (pe r c uriam ). Ac c o rdingly , his a s y lum c l a im fa ils. Substa ntia l e v i de nc e supports the B IA’ s de te rm ination tha

t the ha ra ssm e nt, robbe ry , a

nd thre ats Ga

rc ia -Lope z e xpe rie n c e d

in Gua te m a la , e v e n

c onside re d c um ulat ive ly , did not rise

to thele ve l of pe rse c ution. Se eW ak k ary , 558 F.3d a

t 1059-60. Thus, Ga

rc ia -Lope z is not e ntitle d to a pre sum ption of future pe rse c ution. Se eMolina-Estrada v . IN S , 239 F.3d 1089, 1094 (9th C ir. 2002). Substa ntia l e vide nc e a lso supports the B IA’ s de te rm ination tha

t Ga rc ia -Lope z fa ile d to de m onstra

te a c le ar proba

bility of future pe rse c ution on a c c ount of a prote c te d ground. Se eHox h a v . Ashc roft , 319 F.3d 1179, 1184-85 (9th C ir. 2003) (e vide nc e did not c om

pe l finding tha

t it wa s m ore like ly

tha n not pe titione r would be pe rse c ute d if re turne d); Sangha v . IN S , 103 F.3d 1482, 1486 (9th C ir. 1997). Thus, Ga rc ia -Lope z ’ s withholding of rem ova l c la im a lso fa ils. PE T IT IO N FO R RE V IE WDE NIE D . 1 1 - 7 3 9 0 2 2
Opinion issued June 19, 2014

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-14-00302-CV

———————————

IN THE INTEREST OF A.N.P., A CHILD

On Appeal from the 313th District Court

Harris County, Texas

Trial Court Case No. 2013-06289J

MEMORANDUM OPINION

On May 15, 2014, Appellant filed a motion to dismiss the appeal. See TEX.

R. APP. P. 42.1(a)(1). No opinion has issued. Although appellant failed to include 

a certificate of conference in her motion, more than 10 days have passed and no 

party has responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a). 
2

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP.

P. 42.2(a), 43.2(f). We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Sharp and Huddle.
[Federal Register Volume 80, Number 5 (Thursday, January 8, 2015)]
[Notices]
[Page 1032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00042]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases: Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious 
Diseases Special Emphasis Panel; NIAID Investigator Initiated 
Program Project Applications (P01).
    Date: January 29, 2015.
    Time: 12 p.m. to 4 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 5601 Fisher Lane, 
Rockville, MD 20892 (Telephone Conference Call).
    Contact Person: Thomas F. Conway, Scientific Review Officer, 
Scientific Review Program, DEA/NIAID/NIH/DHHS, Room 2217, 6700-B 
Rockledge Dr., MSC-7616, Bethesda, MD 20892-7616, 301-451-4573, 
<a href="/cdn-cgi/l/email-protection#04706c6b6965772a676b6a73657d446a6d6c2a636b72"><span class="__cf_email__" data-cfemail="cbbfa3a4a6aab8e5a8a4a5bcaab28ba5a2a3e5aca4bd">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)

    Dated: December 31, 2014.
David Clary,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2015-00042 Filed 1-7-15; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
<PAGE>
                                                                    EXHIBIT 99.1

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

Pursuant to 18 U.S.C. Section 1350 (as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002), I, the undersigned President and Chief Executive
Officer of FullNet Communications, Inc. (the "Company"), hereby certify that, to
the best of my knowledge, the Annual Report on Form 10-KSB of the Company for
the year ended December 31, 2002 (the "Report") fully complies with the
requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.


Date: March 28, 2003                   /s/ Timothy J. Kilkenny,
                                       -----------------------
                                       President and Chief Executive Officer
[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Notices]
[Page 1434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00264]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Foreign Claims Settlement Commission

[F.C.S.C. Meeting and Hearing Notice No. 01-15]


Sunshine Act Meeting

    The Foreign Claims Settlement Commission, pursuant to its 
regulations (45 CFR 503.25) and the Government in the Sunshine Act (5 
U.S.C. 552b), hereby gives notice in regard to the scheduling of open 
meetings as follows:

Tuesday, January 13, 2015

10 a.m.--Oral hearing on Objection to Commission's Proposed Decision in 
Claim No. IRQ-I-010.
11 a.m.--Issuance of Proposed Decisions in claims against Libya.


Status:  Open.
    All meetings are held at the Foreign Claims Settlement Commission, 
600 E Street NW., Washington, DC. Requests for information, or advance 
notices of intention to observe an open meeting, may be directed to: 
Patricia M. Hall, Foreign Claims Settlement Commission, 600 E Street 
NW., Suite 6002, Washington, DC 20579. Telephone: (202) 616-6975.

Brian M. Simkin,
Chief Counsel.
[FR Doc. 2015-00264 Filed 1-7-15; 4:15 pm]
BILLING CODE 4410-BA-P
#### The People of the State of New York ex rel. Walter J. Roache, Appellant, v George B. Alexander, as Chair of the Division of Parole, et al., Respondents.

Submitted March 23, 2009;

decided April 30, 2009

Motion for reargument denied *[see*11 NY3d 905 (2009)].

Chief Judge Lippman taking no part.
II 

109TH CONGRESS 

2D SESSION S. 3610 

To suspend temporarily the duty on certain Giardiniera prepared or preserved 

otherwise than by vinegar or acetic acid in concentrations less than 

0.5 percent. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2006 

Mr. MENENDEZ introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on certain Giardiniera prepared or preserved otherwise than by vinegar or acetic 

acid in concentrations less than 0.5 percent. 

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

3 SECTION 1. CERTAIN GIARDINIERA PREPARED OR PRE4 SERVED OTHERWISE THAN BY VINEGAR OR 

5 ACETIC ACID IN CONCENTRATIONS LESS 

6 THAN 0.5 PERCENT. 

7 (a) IN GENERAL.—Subchapter II of chapter 99 of 

8 the Harmonized Tariff Schedule of the United States is 


ccoleman on PROD1PC71 with BILLS
2 

•S 3610 IS 

1 amended by inserting in numerical sequence the following 

2 new heading: 

‘‘ 9902.10.30 Giardiniera, containing red peppers and 

chili peppers, prepared or preserved otherwise than by vinegar, not frozen (provided for in subheading 2005.90.97) ....... Free No change No change On or before 

12/31/2009 ’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) applies to goods entered, or withdrawn from 

5 warehouse for consumption, on or after the 15th day after 

6 the date of the enactment of this Act. 

Æ 


ccoleman on PROD1PC71 with BILLS
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

February 19, 2008 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver 134789(25) Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 134789 COA: 276602 Wayne CC: 02-001616-01 JOHN F. COOPER, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, th e motion for reconsideration of this Court's November 29, 2007 order is considered, and it is DENIED, because it does not appear that the order was entered erroneously.

d0211 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

February 19, 2008

Clerk
EXHIBIT 32.1

                                  CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Sparta Commercial Services, Inc. (the
"Company") on Form 10-QSB for the quarterly period ended July 31, 2006, as filed
with the Securities and Exchange Commission on the date therein specified (the
"Report"), the undersigned, Anthony L. Havens, as Chief Executive Officer of the
Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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)   the information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.


/s/ Anthony L. Havens
----------------------------
Anthony L. Havens
Chief Executive Officer

Date: September 19, 2006
Exhibit 4.1


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


August 19, 2015


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust, Rising Interest Rates Hedge
Trust, Series 5


 


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for Smart Trust, Rising Interest Rates Hedge Trust, Series 5 set forth above (the “Trust”).
We enclosed a list of the Securities to be deposited in the Trust on the date hereof. The prices indicated therein reflect our
evaluation of such Securities as of close of business on August 18, 2015, in accordance with the valuation method set forth in
the Standard Terms and Conditions of Trust and Trust Agreement. We consent to the reference to The Bank of New York Mellon as the
party performing the evaluations of the Trust Securities in the Registration Statement (No. 333-205453) filed with the Securities
and Exchange Commission with respect to the registration of the sale of the Trust Units and to the filing of this consent as an
exhibit thereto.


 


 


Very truly yours,


 


/s/ GERARDO CIPRIANO________________


Gerardo Cipriano


Vice President
#### The People of the State of New York, Respondent, v Derrick Newton, Appellant.

[872 NYS2d 106]

Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered September 10, 2007, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of six years, unanimously affirmed.

The verdict was not against the weight of the evidence (see *People v Danielson,*9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning credibility and identification. The evidence established that defendant actively participated in the drug transaction as a lookout and steerer.

Defendant’s challenges to the People’s summation are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. The challenged remarks generally constituted fair comment on the evidence and the reasonable inferences to be drawn therefrom, and the summation did not deprive defendant of a fair trial *(see People v Overlee,*236 AD2d 133 [1997], *lv denied*91 NY2d 976 [1998]; *People v D'Alessandro,*184 AD2d 114, 118-119 [1992], *lv denied*81 NY2d 884 [1993]). Concur—Saxe, J.E, Gonzalez, Sweeny, Renwick and DeGrasse, JJ.
#### UNITED STATES of America, Plaintiff—Appellee, v. Troy Dean BRAZELTON, Defendant—Appellant.

No. 05-6896.

United States Court of Appeals, Fourth Circuit.

Submitted: Sept. 29, 2006.

Decided: Oct. 18, 2006.

Marcia Gail Shein, Law Office of Marcia G. Shein, P.C., Decatur, Georgia, for Appellant. Elizabeth Jean Howard, Office of the United States Attorney, Greenville, South Carolina, for Appellee.

Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

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

*514PER CURIAM:

Troy Dean Brazelton seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2000) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appeal-ability. 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 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, 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, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Brazelton 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.*