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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-6592

GEORGE CLEVELAND, III,

Petitioner - Appellant,

v.

DIRECTOR JERRY B. ADGER, of the South Carolina Department of Probation 

Parole & Pardon Services (SCPPPS); THE STATE OF SOUTH CAROLINA,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at 

Florence. R. Bryan Harwell, District Judge. (4:17-cv-02112-RBH)

Submitted: October 23, 2018 Decided: October 26, 2018

Before NIEMEYER, KING, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

George Cleveland, III, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

George Cleveland, III, appeals the district court’s order denying as moot his 

motion to reconsider a prior order dismissing without prejudice his 28 U.S.C. § 2254 

(2012) petition, and denying his motion for recusal. We have reviewed the record and 

find no reversible error. Accordingly, we affirm. Although we grant leave to proceed in 

forma pauperis, we deny as unnecessary a certificate of appealability. See Harbison v. 

Bell, 556 U.S. 180, 183 (2009). We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials before this court and argument 

would not aid the decisional process.

AFFIRMED
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Homeland Security U.S. Customs and Border Protection
 AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.
 ACTION: Notice of approval of International Marine Consultants as a commercial gauger.
 SUMMARY: Notice is hereby given, pursuant to CBP regulations, that International Marine Consultants, has been approved to gauge petroleum and certain petroleum products for customs purposes for the next three years as of September 19, 2014.
 DATES: *Effective:*
                         The approval of International Marine Consultants, as commercial gauger became effective on September 19, 2014. The next triennial inspection date will be scheduled for September 2017.
 FOR FURTHER INFORMATION CONTACT: Approved Gauger and Accredited Laboratories Manager, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW., Suite 1500N, Washington, DC 20229, tel. 202-344-1060.


SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to 19 CFR 151.13, that International Marine Consultants, #429 Padre Rufo St., San Juan, PR 00917, has been approved to gauge petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.13. International Marine Consultants is approved for the following gauging procedures for petroleum and certain petroleum products from the American Petroleum Institute (API): API chapters
Title3
Tank gauging.7
Temperature determination.12
Calculations.17
Maritime measurement.
 Anyone wishing to employ this entity to conduct gauger services should request and receive written assurances from the entity that it is approved by the U.S. Customs and Border Protection to conduct the specific gauger service requested. Alternatively, inquiries regarding the specific gauger service this entity is approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to 
                    *CBPGaugersLabs@cbp.dhs.gov.*
                     Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. 
                    *http://www.cbp.gov/​about/​labs-scientific/​commercial-gaugers-and-laboratories*. Dated: January 5, 2015. Ira S. Reese, Executive Director, Laboratories and Scientific Services Directorate.


[FR Doc. 2015-00363 Filed 1-12-15; 8:45 am] BILLING CODE 9111-14-P
| **Exhibit 99.2** |
|------------------|

** **

 

 

**CERTIFICATION PURSUANT TO**

 

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

 

**(18 U.S.C. SECTION 1350)**

 

 

In connection with the Quarterly Report of BancTec, Inc,a Delaware corporation (the “Company”), on Form 10-Q for the quarter endingSeptember 30, 2002 as filed with the Securities and Exchange Commission (the“Report”), I, Brian R. Stone,Senior Vice President and Chief Financial Officer of the Company, certify,pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that tomy knowledge:

 

 

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

 

 

(2) The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 

 

/s/ Brian R. Stone

 

BrianR. Stone

Senior Vice President and Chief Financial Officer

 

November 14, 2002

 

 

22

----
#### Armstrong *v.*Chemical Nat. Bank.

*(Circuit Court, S. D. New York.*

February 11, 1889.)

1. Equity—Accounting—Pleading—Pledge.

■ To a bill for an accounting" for the surplus of securities pledged for advances thereafter to be made, averments in the answer of facts such as the prior state of the parties’ accounts, are needless since these facts may be proved under any other averment.

*2.*Same.

Averments referring to facts entitling defendant to affirmative relief are only proper for a cross-bill, and may be expunged from an answer.

*467In Equity. Bill by David Armstrong, as receiver of the Fidelity National Bank, against the Chemical National Bank, for an accounting. On motion to expunge certain paragraphs from the answer. .

*Stephen A. Walker,*for the motion.

*Jones A liooscvdt, contra.*

Lacombe, J.

The claim of the complainant is that the deposit of a largo quantity of commercial paper made on June 14, 1887, by the Fidelity National Bank, with the defendant, was a special one as security for advances thereafter to be made, and it is to obtain an accounting for the overplus of these pledged securities remaining after payment of such advances that the suit is brought. The defendant has not filed a cross-bill, but its answer sots out that at the time of the appointment of the receive)' the Fidelity Bank was a debtor to the defendant in a large sum of money, in part advanced as loans at different times before and after June 14, 1887, and in part collected by said bank as defendant’s agent. That as such creditor it is entitled to receive a dividend from the assets of the bank, and “asks that, if it be adjudged on the accounting in this suit that the defendant is not entitled to retain and have the proceeds of the collection of said securities applied to the payment of the indebtedness of the said bank to this defendant, the court then ascertain and determine the amount of the indebtedness of the said bank to the defendant, and the amount of the claim of the defendant against the said bank, as it existed at the time of the appointment of the receiver, (June 21,1887,) and that said receiver be directed to pay defendant a dividend of 25 per cent.,”—the rate of dividend already paid to other creditors, —“and other dividends from time to time as the same shall hereafter be made,” and asks that an account bo taken of another lot of securities delivered to the defendant by the Fidelity Bank prior to June 14, 1887, and subsequently returned by the defendant to the complainant. To these paragraphs of the answer complainant excepts lor impertinence, and moves that the same be expunged from the answer. So far as these averments refer to facts—such as the prior state of the accounts between the banks—bearing upon the issue tendered by the bill, viz., that the deposit referred to therein was special, and pledged solely as a security for future indebtedness, they are unnecessary. The facts may be proved under the other averments in the answer. So far as these averments excepted to refer to facts entitling the defendant to affirmative relief against the complainant, they are proper only in a cross-bill. The motion to expunge is granted.
Exhibit 10.22.2


Amendment
1 to


Alliant Techsystems Inc. Income Security Plan


The
Alliant Techsystems Inc. Income Security Plan, effective March 13, 2006 (the “Plan”),
is hereby amended as follows, effective March 12, 2007:


(1)    Section 2.1(ff) “Tier 2 Participant”
is amended to read in its entirety as follows:


“Tier 2 Participant” means (i) any executive officer of the
Company (other than a Tier 1 Participant) required to file reports of
beneficial ownership with the Securities and Exchange Commission pursuant to
Section 16(a) of the Exchange Act and the rules and regulations promulgated
thereunder and (ii) any employee selected by the Committee as a covered
employee eligible under this Plan (employees selected by the Committee will be
referred to as “Selected Tier 2 Participants”). 
The Committee will select Selected Tier 2 Participants annually at the
meeting in which it sets executive compensation for the next fiscal year.  Selected Tier 2 Participants will remain
eligible as a Participant under this Plan for the fiscal year for which the Committee
approved eligibility.  During the fiscal
year, the Committee may change the status of a Selected Tier 2 Participant if
he or she has a change in employment status (examples:  removal from eligibility because of a demotion
or added as eligible because of a promotion). 
Notwithstanding the foregoing, a Selected Tier 2 Participant may
not lose covered employee status as a Selected Tier 2 Participant by the
Committee if he or she was a Participant and was eligible for benefits under
Section 3.1, Rights to Unpaid Compensation and Severance Benefits, for a Change
in Control occurrence.


Capitalized terms used
herein and not defined herein shall have the respective meanings assigned to
them in the Plan.


Except as expressly amended
herein, the Plan shall remain in full force and effect in accordance with its
terms and provisions as in effect on the effective date of this Amendment 1.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2330 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2330

 To provide for a limitation on availability of funds for the Western 
  Hemisphere Drug Policy Commission, 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 Foreign Affairs

_______________________________________________________________________

                                 A BILL

 
 To provide for a limitation on availability of funds for the Western 
  Hemisphere Drug Policy Commission, 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 THE WESTERN 
              HEMISPHERE DRUG POLICY COMMISSION, SALARIES AND EXPENSES 
              FOR FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for the Western Hemisphere 
Drug Policy Commission, Salaries and Expenses for fiscal year 2024 may 
not exceed $1,500,000.
                                 <all>
```
EX-34.5
(logo) Deloitte

Deloitte & Touche LLP
Suite 3300
1100 Walnut Street
Kansas City, MO 64106-2129
USA

Tel:+1 816 474 8130
www.deloitte.com

REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

Board of Directors
The PNC Financial Services Group, Inc.:

We have examined management's assertion, included in the accompanying
Management's Report on Assessment of Compliance with SEC Regulation AB Servicing
Criteria, that Midland Loan Services, Inc., (the "Company"), an indirect wholly
owned subsidiary of The PNC Financial Services Group, Inc., complied with the
servicing criteria set forth in Item 1122(d) of the Securities and Exchange
Commission's Regulation AB for its role in servicing Commercial Mortgage Backed
Securities Transactions (the "Platform") as of and for the year ended December
31, 2007, excluding criteria 1122(d)(1)(iii), 1122(d)(3)(i)(B), (C) and
(D)), 1122(d)3(ii) through 3(iv), and 1122(d)(4)(xv), which management has
determined are not applicable to the activities performed by the Company with
respect to the Platform. Management's assertion identifies the transactions
defined by management as constituting the Platform. Management is responsible
for the Company's compliance with the servicing criteria. Our responsibility is
to express an opinion on management's assertion about the Company's compliance
with the servicing criteria based on our examination.

Our examination was conducted in accordance with attestation standards
established by the American Institute of Certified Public Accountants, as
adopted by the Public Company Accounting Oversight Board (United States), and,
accordingly, included examining, on a test basis, evidence about the Company's
compliance with the applicable servicing criteria, including tests on a sample
basis of the servicing activities related to the Platform, determining whether
the Company performed those selected activities in compliance with the servicing
criteria during the specified period, and performing such other procedures as we
considered necessary in the circumstances. Our procedures were limited to
selected servicing activities performed by the Company during the period covered
by this report and, accordingly, such samples may not have included servicing
activities related to each specific asset-backed transaction included in the
Platform. Further, an examination is not designed to detect noncompliance
arising from errors that may have occurred prior to the period specified above
that may have affected the balances or amounts calculated or reported by the
Company during the period covered by this report. We believe that our
examination provides a reasonable basis for our opinion. Our examination does
not provide a legal determination on the Company's compliance with the servicing
criteria.

In our opinion, management's assertion that the Company complied with the
aforementioned applicable servicing criteria as of and for the year ended
December 31,2007, for its role in servicing Commercial Mortgage Backed
Securities Transactions is fairly stated, in all material respects.


/s/ Deloitte & Touche LLP

Kansas City, MO
February 18, 2008



Member of Deloitte Touche Tohmatsu
Exhibit 32.1
INFORMATIONAL ADDENDUM TO REPORT ON FORM 10-Q PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 NOT FILED PURSUANT TOTHE SECURITIES EXCHANGE ACT OF 1934
     Solely for the purpose of Section 906 of the Sarbanes-Oxley Act of 2002,and solely to the extent this certification may be applicable to this Report onForm 10-Q, the undersigned hereby certify that this report on Form 10-Q ofAmerican Building Control, Inc. fully complies with the requirements of section13(a) or 15(d) of the Securities Exchange Act of 1934 and that informationcontained herein this report on Form 10-Q fairly presents, in all materialrespects, the financial condition and results of operations of AmericanBuilding Control, Inc.
Dated: August 16, 2004     /s/ J. Collier Sparks   J. Collier Sparks President and Chief Executive Officer    /s/ Jon D. Greenwood   Jon D. Greenwood Senior Vice-President, Treasurer and Chief Financial Officer
Exhibit 32

                          ASPEN EXPLORATION CORPORATION

                   Certification pursuant to 18 U.S.C. ss.1350

     To my knowledge: the quarterly report on Form 10-QSB for the quarter ended
March 31, 2004, containing financial statements for the quarter then ended,
fully complies with the requirements of Section 13(a) of the Securities Act of
1934; and the information contained in the Form 10-QSB fairly presents, in all
material respects, the financial condition and results of operations of Aspen
Exploration Corporation for the periods presented.


May 12, 2004



/s/ Robert A. Cohan
----------------------------------------
Robert A. Cohan, Chief Executive Officer,
Chief Financial Officer
#### State v. Bowman

Case below: 183 N.C. App. — (5 June 2007)

No. 327P07

1. Def’s PDR Under N.C.G.S. 7A-31 (COA06-463)

2. Def’s PWC to Review the Decision of the COA

1. Denied 08/23/07

2. Denied 08/23/07
Exhibit 32.1.








Certification of Principal Executive Officer


Pursuant to 18 U.S.C. 1350


(Section 906 of the Sarbanes-Oxley Act of 2002)








I, Adam Anthony, Chief Executive Officer, and Principal Accounting Officer, of Aftermarket Enterprises, Inc. (the "Registrant") do hereby certify, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of our knowledge, based upon a review of the Annual Report on Form 10-K for the period December 31, 2009 of the Registrant, as filed with the Securities and Exchange Commission on the date hereof (the "Report"):





(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 Registrant.





Dated:  April 14, 2010                                        By:  /s/ Adam Anthony


Adam Anthony


Chief Executive Officer and Principal Accounting Officer





* A signed original of this written statement required by Section 906 has been provided to Aftermarket Enterprises, Inc. and will be retained by Aftermarket Enterprises, Inc. and furnished to the Securities Exchange Commission or its staff upon request.
EXHIBIT 32.2


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


In connection with the Annual Report of AMERICAN EXPLORATION  CORPORATION.  (the
"Company")  on Form 10-K for the period ended  December 31, 2008,  as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Brian Manko, Chief Financial Officer of the Company,  certify,  pursuant to 18
U.S.C.  1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2002, that:

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

The  information  contained  in the  Report  fairly  presents,  in all  material
respects, the financial condition and results of operations of the Company.


Date: April 14, 2009


                                                   /s/ BRIAN MANKO
                                                       _________________________
                                                       Brian Manko
                                                       Chief Financial Officer
#### Calogero Candela et al., Appellants, v New York City School Construction Authority et al., Respondents.

[975 NYS2d 346]

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered March 19, 2013, which, to the extent appealable, denied plaintiffs’ motion to renew their posttrial motion for a directed verdict on the issue of liability, unanimously affirmed, without costs.

Plaintiffs interpret this Court’s prior decision (97 AD3d 507 [1st Dept 2012]), as making conclusive findings of fact as to the existence of a dangerous condition and notice. However, appellate courts do not have the power to make factual findings in weight of the evidence analysis in a jury case (see *Cohen v Hallmark Cards,*45 NY2d 493, 498-499 [1978]). Thus, plaintiffs reliance on the law of the case doctrine is unavailing (see Siegel, NY Prac § 448 at 781 [5th ed 2011]).

Based on the foregoing, the court declines to consider defendants’ contention that plaintiffs’ motion could have also been denied on the alternative ground that it was untimely and did not meet the requirements of CPLR 2221. Concur — Mazzarelli, J.P, Saxe, Moskowitz, DeGrasse and Gische, JJ.
EX-35.3
(logo) Midland Mortgage Co.


ANNUAL STATEMENT OF COMPLIANCE

CITIGROUP MORTGAGE LOAN TRUST 2007-0PX1,

ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-0PX1

I, Chris Wertzberger, hereby certify that I am a duly appointed 1st Vice
President of Midland Mortgage Co. as subservicer (the "Subservicer") for
MidFirst Bank, and further certify as follows:

1. This certification is being made pursuant to the terms of the Mortgage
Servicing Purchase Agreement, dated July 25, 2007 between MidFirst Bank (the
"Servicer" and "Purchaser") and Orchid Island TRS, LLC (f/k/a Opteum Financial
Services, LLC, the "Seller"), and the Pooling and Servicing Agreement dated as
of February 1, 2007, among Citigroup Mortgage Loan Trust Inc., as depositor,
Wells Fargo Bank, N.A. as master servicer and trust administrator (the "Master
Servicer" and the "Trust Administrator"), Opteum Financial Services, LLC and
U.S. Bank National Association, as trustee (the "Agreements").

2. The undersigned officer of the Subservicer hereby certifies that (i) a review
of the activities and the performance of the Subservicer during the period from
September 1, 2007 through December 31, 2007 under the Agreements has been made
under such officers' supervision and (ii) to the best of such officers'
knowledge, based on such review, the Subservicer has fulfilled all of its
obligations under the Agreements in all material respects throughout such
period, except as described below.

Capitalized terms not otherwise defined herein have the meanings set forth in
the Agreements.

IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the 28
day of February, 2008.

Midland Mortgage Co.

By: /s/ Chris Wertzberger
Name:  Chris Wertzberger
Title: 1st Vice President
Date:  February 28, 2008


(logo) The Midland Group  Member

999 N.W. GRAND BLVD., PO. BOX 26648, OKLAHOMA CITY, OKLAHOMA 73126
(405) 426-1400


(page)


I, Patti Mayfield, a (an) Asst. Secretary of Midland Mortgage Co., hereby
certify that Chris Wertzberger is a duly elected, qualified, and acting 1st Vice
President of Midland Mortgage Co. and that the signature appearing above is
his/her genuine signature.

IN WITNESS WHEREOF, the undersigned has executed this Certificate as of
the 28th day of February, 2008.

By: /s/ Patti Mayfield
Name: