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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-6565

TOMMY RAY ROBINSON,

 Plaintiff - Appellant,

v.

NURSE KIMBERLY MARTIN; WEXFORD HEALTH SOURCES, INC.; 

COLLEGIAL MEDICAL GROUP,

 Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. 

Deborah K. Chasanow, Senior District Judge. (8:17-cv-00535-DKC)

Submitted: November 13, 2018 Decided: December 11, 2018

Before NIEMEYER, DIAZ, and QUATTLEBAUM, Circuit Judges.

Remanded by unpublished per curiam opinion.

Tommy Ray Robinson, Appellant Pro Se. Douglas Conrad Meister, Gina Marie Smith, 

MEYERS, RODBELL & ROSENBAUM, PA, Riverdale Park, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM: 

Tommy Ray Robinson appeals from the district court’s order granting summary 

judgment to Defendants in Robinson’s 42 U.S.C. § 1983 (2012) suit. Parties to a civil 

action are accorded 30 days after the entry of the district court’s final judgment or order 

to note an appeal. Fed. R. App. P. 4(a)(1)(A). “[T]he timely filing of a notice of appeal 

in a civil case is a jurisdictional requirement.” Bowles v. Russell, 551 U.S. 205, 214 

(2007). The district court entered its final judgment on the docket on February 2, 2018. 

Robinson filed his notice of appeal, at the earliest, on approximately April 25, 2018, after 

the 30-day appeal period expired. 

However, Robinson’s notice of appeal referenced earlier attempts to appeal that 

are not reflected on the docket sheet. Accordingly, we remand the case for the limited 

purpose of allowing the district court to determine whether Robinson timely filed a notice 

of appeal. The record, as supplemented, will then be returned to this court for further 

consideration. 

REMANDED
Document Headings

                    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 Labor

###### Employment and Training Administration

          - [TA-W-65,784]

                    By application dated August 26, 2009, a petitioner requested administrative reconsideration of the negative determination regarding workers' eligibility to apply for Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA) applicable to workers and former workers of the subject firm. The determination was issued on August 6, 2009. The Notice of Determination was published in the                     **Federal Register**                     on September 2, 2009 (74 FR 45474).                

The initial investigation resulted in a negative determination based on the finding that imports of pulp bale strapping machines and spare parts did not contribute importantly to worker separations at the subject firm. The investigation revealed that the subject firm did not shift production of pulp bale strapping machines and spare parts to foreign countries during the period under investigation.

In the request for reconsideration, the petitioner alleged that employment at the subject firm was negatively impacted by a shift in production of spare parts abroad. To support the allegation, the petition supplied additional documentation.

The Department has carefully reviewed the request for reconsideration and the existing record and has determined that the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974.

## Conclusion

After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor's prior decision. The application is, therefore, granted.

Signed at Washington, DC, this 29th day of September 2009.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-25160 Filed 10-19-09; 8:45 am]

BILLING CODE 4510-FN-P
Document Headings

                    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 Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, May 18, 2009, 8 a.m. to May 18, 2009, 5 p.m., St. Gregory Hotel, 2033 M Street, NW., Washington, DC 20036 which was published in the                     **Federal Register**                     on May 1, 2009, 74 FR 20326.                

The meeting will be held June 18, 2009, 8 a.m. to June 19, 2009, 5 p.m. The meeting location remains the same. The meeting is closed to the public.

Dated: May 15, 2009.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-12233 Filed 5-26-09; 8:45 am]

BILLING CODE 4140-01-M
CONSENT OF INDEPENDENT AUDITORS


We consent to the  incorporation by reference in 1) the  Registration  Statement
(Form S-3 No. 333-17013) of Telepad  Corporation and in the related  Prospectus,
2) the Registration  Statement (Form S-8 No. 333-08471)  pertaining to the Stock
Option Plan for  Non-Employee  Directors  of Telepad  Corporation,  and 3) ) the
Registration  Statement (Form S-8 No.  333-08473)  pertaining to the Amended and
Restated 1993 Stock Option Plan of Telepad Corporation of our report dated March
6,  1998,  with  respect to the  financial  statements  of  Telepad  Corporation
included in this Annual  Report  (Form  10-KSB) for the year ended  December 31,
1997.



                                                  /s/ Ernst & Young LLP



Vienna, Virginia
March 30, 1998
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Respondent

 v.

WILLIAM JACKSON,

 Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 382 EAL 2014

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 26th day of December, 2014, the Petition for Allowance of

Appeal is DENIED.
#### Gilberto Agudo Martinez, Appellant, v April M. Rembert, Respondent.

[963 NYS2d 901]

Appeal from an order of the Monroe County Court (John Lewis DeMarco, J), entered December 22, 2011. The order affirmed a judgment of the Rochester City Court.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff appeals from an order affirming City Court’s judgment in favor of defendant in this small claims action. The record establishes that plaintiff and defendant gave different versions of the automobile accident, raising a credibility issue for the factfinder to resolve *{see generally Williams*
      *1435
      *v Roper,*269 AD2d 125, 126-127 [2000], *lv dismissed*95 NY2d 898 [2000]; *Moses v Randolph,*236 AD2d 706, 707 [1997]). We affirm the order, inasmuch as we agree with County Court that “substantial justice has . . . been done between the parties according to the rules and principles of substantive law” (UCCA 1807; *see Mead Home Improvement, Inc. v Goldstein,*56 AD3d 1179, 1179 [2008]). Contrary to plaintiffs further contention, there is no indication that City Court was biased against him *(see Mokas v Every,*224 AD2d 793, 794 [1996], *appeal dismissed*88 NY2d 867 [1996]).

Present—Scudder, RJ., Smith, Centra, Carni and Sconiers, JJ.
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED BALANCE SHEETS AND STATEMENTS OF OPERATIONS FOUND ON PAGES 3 AND 4 OF
THE COMPANY'S FORM 10-Q FOR THE QUARTER AND YEAR-TO-DATE ENDED SEPTEMBER 30,
1997.
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#### The People of the State of New York, Respondent, v Yan Kutsy, Appellant.

[962 NYS2d 712]

—Appeal by the defendant *976from a judgment of the Supreme Court, Rockland County (Kelly, J.), rendered September 14, 2011, convicting him of grand larceny in the second degree, upon a nonjury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution *(see People v Contes,*60 NY2d 620 [1983]), we find that it was legally sufficient to prove the defendant’s guilt beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence *(see People v Romero,*7 NY3d 633 [2006]). The evidence here established that the defendant acted with intent to deprive his former wife and her medical practice of various checks, or to appropriate the same to himself, when he wrongfully took, obtained, or withheld those checks *(see*Penal Law § 155.05 [1]; *see also Kreisler Borg Florman Gen. Constr. Co., Inc. v Tower 56, LLC,*58 AD3d 694, 696 [2009]).

The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]).

Dillon, J.P., Angiolillo, Dickerson and Cohen, JJ., concur.
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EXHIBIT 32.2





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 Quarterly Report of Arête Industries, Inc. (the "Company") on Form 10-Q for the period ending September 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, John Herzog, Interim Chief Financial Officer 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) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.




Dated:  November 21, 2011
By:
/s/ John HerzogJohn Herzog, Interim Chief Financial Officer


A signed original of this written statement required by Section 906 has been provided to Arête Industries, Inc. and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
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 Quarterly Report of Westford Technology Ventures, L.P.
(the "Partnership") on Form 10-Q for the quarterly period ended September 30,
2003 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Jeffrey T. Hamilton, Chief Financial Officer of the
Partnership, certify pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss.
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) The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Partnership.


/s/  Jeffrey T. Hamilton
________________________
Jeffrey T. Hamilton
President, Hamilton Capital Management, Inc.

November 19, 2003
Document Headings

                    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 Labor

###### Employee Benefits Security Administration 

Pursuant to the authority contained in Section 512 of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1142, the 145th open meeting of the full Advisory Council on Employee Welfare and Pension Benefit Plans will be held on June 11, 2009. 

The session will take place in Room S-2508, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. The purpose of the open meeting, which will run from 1:30 p.m. to approximately 4:30 p.m., is to swear in the new members, introduce the Council Chair and Vice Chair, receive an update from the Employee Benefits Security Administration, and determine the topics to be addressed by the Council in 2009. 

                    Organizations or members of the public wishing to submit a written statement may do so by submitting 25 copies on or before June 4, 2009 to Larry Good, Executive Secretary, ERISA Advisory Council, U.S. Department of Labor, Suite N-5623, 200 Constitution Avenue, NW., Washington, DC 20210. Statements may also be submitted electronically to                     *good.larry@dol.gov.*                     Statements received on or before June 4, 2009 will be included in the record of the meeting. Individuals or representatives of organizations wishing to address the Advisory Council should forward their requests to the Executive Secretary or telephone (202) 693-8668. Oral presentations will be limited to ten minutes, time permitting, but an extended statement may be submitted for the record. Individuals with disabilities who need special accommodations should contact Larry Good by June 4 at the address indicated.                 

Signed at Washington, DC this 20th day of May, 2009. 

Michael L. Davis, 

Deputy Assistant Secretary,  Employee Benefits Security Administration.

 [FR Doc. E9-12114 Filed 5-22-09; 8:45 am] 

BILLING CODE 4510-29-P
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the Registration Statements No. 333-83676 and 333-83682 on Form S-8 of our reports datedMarch 15, 2005, relating to the financial statements and financial statements schedule of ManTech International Corporation, and management’s report on the effectiveness of internal control over financial reporting, appearing in the AnnualReport on Form 10-K of ManTech International Corporation for the year ended December 31, 2004. 

 

/s/    DELOITTE & TOUCHE LLP 

 

McLean, Virginia 

March 15, 2005
No. 825.

#### Schaaf et al. *v.*Eleventh Ward Building & Loan Assn. et al.

January 19, 1942.

*Mr. Jerome C. Eisenberg*for petitioners. *Mr. Fred G. Stickel, Jr.*for the Eleventh Ward Bldg. & Loan Assn.; and *Mr. Louis J. Cohen,*Assistant Attorney General of New Jersey, for the Commissioner of Banking & Insurance, respondents.

Petition for writ of certiorari to the Court of Errors and Appeals of New Jersey denied.
#### The People of the State of New York ex rel. Timothy Fair, Appellant, v David Rock, as Superintendent of Great Meadow Correctional Facility, Respondent.

Decided October 26, 2010

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.
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