alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19
- 7116

MICHAEL A. GARDNER , Petitioner

- Appellant ,

v. HAROLD W. CLARKE , Respondent

- Appellee

.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria

. Leonie M. Brinkema , District Judge. ( 1:18

- cv - 01547

- LMB

- IDD )

Submitted : April 30, 2020 Decided: June 8, 2020

Before WILKINSON and HARRIS , Circuit Judges , and SHEDD, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

.

Jonathan P. Sheldon , SHELDON & FLOOD, PLC , Fairfax, Virginia, for Appellant. Katherine Quinlan Adelfio , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA , Richmon d, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Michael A. Gardner seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (201 8 ) petition. The order is not appealable u nless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A) (201 8 ). 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) (2 01 8 ). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists

c ould find the district court’s assessment of the constitutional claims debatable or wrong. See Buck v. Davis , 137 S. C t. 759, 773

- 74 (2017). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable and that the petition states a debatable claim of the denial of a constitutional rig ht. Gonzalez v. Thaler , 565 U.S. 134, 140

- 41 (2012) (citing Slack v. McDaniel , 529 U.S. 473, 484 (2000))

. We have independently reviewed the record and conclude that Gardner 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 this court and argument would not aid the decisional process.
DISMISSED
I 

112TH CONGRESS 

1ST SESSION H. R. 3005 

To make supplemental appropriations for disaster relief for fiscal year 2011. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 21, 2011 

Mr. TONKO introduced the following bill; which was referred to the Committee 

on Appropriations, and in addition to the Committee on the Budget, 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 make supplemental appropriations for disaster relief for 

fiscal year 2011. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for fis5 cal year 2011, and for other purposes, namely: 

6 SEC. 101. For an additional amount for ‘‘Department 

7 of Agriculture—Farm Service Agency—Emergency Con8 servation Program’’ for expenses resulting from any event 

9 occurring in 2011 that is designated as a major disaster 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 3005 IH

1 pursuant to the Robert T. Stafford Disaster Relief and 

2 Emergency Assistance Act (4210 U.S.C. 5122(2)), 

3 $151,000,000, to remain available until expended. 

4 SEC. 102. For an additional amount for ‘‘Department 

5 of Agriculture—Conservation Programs—Natural Re6 sources Conservation Service—Emergency Watershed 

7 Protection Program’’, for expenses resulting from any 

8 event occurring in 2011 that is designated as a major dis9 aster pursuant to the Robert T. Stafford Disaster Relief 

10 and Emergency Assistance Act (4210 U.S.C. 5122(2)), 

11 $187,500,000, to remain available until expended: Pro12 vided, That for an additional amount for such expenses, 

13 of the unobligated balances of amounts made available for 

14 such account by Public Law 108–199, Public Law 109– 

15 234, and Public Law 110–28, not to exceed $31,000,000 

16 may be used, to remain available until expended. 

17 SEC. 103. Each amount made available by this Act 

18 is designated as an emergency pursuant to section 3(c)(1) 

19 of H. Res. 5 (112th Congress) and as an emergency re20 quirement pursuant to section 403(a) of S. Con. Res. 13 

21 (111th Congress), the concurrent resolution on the budget 

22 for fiscal year 2010. 

23 This Act may be cited as the ‘‘Helping Devastated 

24 Farmers Act of 2011’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS
EXHIBIT 10.23


Text of Agreement dated as of August 14, 2001 between Michael S. Geltzeiler
and The Reader's Digest Association, Inc.

7.    We understand you are scheduled to receive a long-term incentive
      payment in the amount of $200,000, from your present employer in
      February of 2003.  Within five business days after the settlement or
      final judgment referred to in paragraph 8, RDA will guarantee a payment
      in the gross amount of $75,000 and will grant you $125,000 in
      restricted shares (valued as of the date of that grant) which will vest
      50% after two years from the grant date, and 50% after three years from
      the grant date.  Details of this grant will be provided to you upon
      grant.

8.    We understand you are scheduled to receive two change-in-control
      payments from your current employer, one in the amount of $217,000
      payable in February 2002, and the other in the amount of $436,000
      payable in December 2002.  Should your current employer withhold these
      payments, RDA will select and retain legal representation to assist you
      in recouping the payments from your current employer described in
      paragraphs 7 and 8, but RDA shall not be required to spend more than
      $50,000 in legal fees and expenses to recoup these payments.  If the
      legal fees exceed this amount, Reader's Digest will have the right to
      determine whether or not to continue to pursue the recoupment or
      settle.  If unsuccessful in whole or part, Reader's Digest will pay you
      50% of the uncollected amount (not to exceed $325,000), which amount
      shall be payable in cash.  Should you receive $325,000 or more form
      your current employer, either by virtue of a settlement or upon a final
      judgment, RDA shall have no further obligation to you. If, in the
      process of seeking recoupment, you recoup the $200,000 long-term
      payment described in paragraph 7 as well as the full amount ($653,000)
      owed to you by your current employer set forth in this paragraph, no
      payments will be made by Reader's Digest as described in Section 7
      above.  To the extent that any recovery or settlement includes
      attorneys fees and expenses, you agree to pay over to RDA the full
      amount of any such attorneys fees and expenses.
WorldPort Communications, Inc.
100 California Street, Suite 1400
San Francisco, California 94111
Telephone (415) 393-0724
Facsimile (415) 393-0721

Aprio 4, 1997

Mr. Dean Spies
507 Knoll Forest Drive
Sugarland, Texas 77479
Telephone (281) 343-9125
Telephone (281) 584-4692

Dear Mr. Spies:

I  am  pleased  to  present below the terms and conditions under which WorldPort
Communications, Inc. is  prepared  to  offer you the position of Chief Financial
Officer.

     1. Base Salary of $82,000.00 annually;
     2. $200.00 monthly car allowance;
     3. One year employment term;
     4. One-month  termination notice with a total severance equal to six months
          base salary;
     5. Company-paid benefits;
     6. Stock Options as follows:
          40,000  shares upon effective date of employment; exercise price $0.75
          per share
          40,000  shares  after  one  year  of service; exercise price $1.00 per
          share
          40,000  shares  after  two  years of service; exercise price $1.50 per
          share
     7. Annual Bonus:  Up  to  25%  of  Annual Base Salary, based on performance
          criteria  to  be  determined  by  the  Board of Directors. Bonus to be
          determined and paid semi-annually.

Please sign below if you agree to these terms and conditions, whereupon we will
immediately prepare a formal employment agreement for your review and signature.

We look forward to working with you.

Sincerely,


/s/ Edward Mooney
Edward Mooney
Chief Executive Officer

Accepted by:


/s/ Dean Spies
-----------------------------------------    Date:  April 7, 1997             
Dean Spies
Exhibit 32



Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



The undersigned, as Chief Executive Officer and Chief Financial Officer of Transcend Services, Inc., certifies that the Form 10-K for the
year ended December 31, 2002, as amended, which accompanies this certification fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the annual report
fairly presents, in all material respects, the financial condition and results of operations of Transcend Services, Inc. at the dates and for the periods indicated. The foregoing certification is made solely for purposes of Title 18, Chapter 63,
Section 1350 of the United States Code and is subject to the knowledge and willfulness qualifications contained in Title 18, Chapter 63, Section 1350(c).



|/s/ Larry G. Gerdes                                                
|-------------------------------------------------------------------
|Larry G. Gerdes Chief Executive Officer and Chief Financial Officer



Date:
September 29, 2003
H. R. 2668 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

An Act 

To designate the station of the United States Border Patrol located at 2136 South 

Naco Highway in Bisbee, Arizona, as the ‘‘Brian A. Terry Border Patrol Station’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Brian A. Terry Memorial Act’’. 

SEC. 2. FINDINGS. 

The Congress finds the following: 

(1) A native of Flat Rock, Michigan, Agent Brian A. Terry 

served his country proudly with the United States Marine 

Corps and continued his service as a police officer with the 

cities of Ecorse and Lincoln Park, Michigan, prior to joining 

the United States Border Patrol. 

(2) Agent Terry was a member of the 699th Session of 

the Border Patrol Academy assigned to the Naco Border Patrol 

Station within the Tucson Sector. 

(3) On December 14, 2010, Border Patrol Agent Brian 

A. Terry was conducting a Border Patrol Tactical unit 

(BORTAC) operation in the area of ‘‘Peck Wells’’. 

(4) At 11:15 p.m., near Rio Rico, Arizona, and about 15 

miles north of Nogales, Arizona, Agent Terry and his team 

spotted a group of individuals approaching their position. 

(5) Shortly thereafter, an encounter ensued and gunfire 

was exchanged that left Agent Terry mortally wounded. 

(6) Agent Terry succumbed to his injuries on December 

15, 2010. 

(7) Agent Terry is survived by his mother, father, stepmother, stepfather, brother, and two sisters. 

SEC. 3. DESIGNATION. 

The station of the United States Border Patrol located at 2136 

South Naco Highway in Bisbee, Arizona, shall be known and designated as the ‘‘Brian A. Terry Border Patrol Station’’. 

SEC. 4. REFERENCES. 

Any reference in a law, map, regulation, document, paper, 

or other record of the United States to the station referred to 
H. R. 2668—2 

in section 1 shall be deemed to be a reference to the ‘‘Brian A. 

Terry Border Patrol Station’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF BOYKIN LODGING COMPANY AS OF MARCH 31, 1998
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                           2,828
<SECURITIES>                                         0
<RECEIVABLES>                                    1,926
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                         273,505
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 282,710
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                         31,200
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     216,998
<TOTAL-LIABILITY-AND-EQUITY>                   282,710
<SALES>                                              0
<TOTAL-REVENUES>                                10,914
<CGS>                                                0
<TOTAL-COSTS>                                    5,543
<OTHER-EXPENSES>                                   424
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,298
<INCOME-PRETAX>                                  3,649
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              3,649
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
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<NET-INCOME>                                     3,649
<EPS-PRIMARY>                                      .32
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<FN>
<F1>Registrant Utilizes an Unclassified Balance Sheet therefore Total Current
Assets and Total Current Liabilities are not applicable.
</FN>
        

</TABLE>
Ron. John H. Shoo?s Gplnion Do. 044%

Crssdnal District Attorney Re: Eun3-savail~bla to pay Bexar County accrued in&rest and I~ror&um San Qtonio, Texas on bonds purchased i+ltb money belonging to tho County PermaDear Sir: 

### non: School Rund.

Idehave your letter of September 20, request our opinion on the following question: in which you

Tram uhat fund or funds csn be paid occum~.LXatcd

interest and pre&um on bonds

‘chased with moneybelonging to the County mvzent 5chool Fund?” 

# theKBefore ansucring your qrlestion .ire desire to readopt the opinion of,~~I$. Victor .-ii..Roulding,. iissist~t.Attornay Gon-
_. iiral, dated July 22, 3936t addressed to Xr. J. 1. herron, County Auditor of Erazos County, as cxpr,es*g our v%ews on _th~.s~sub

j ect

. ..YonA.ave~

hoen heretofore su~yl~~.-with--~~-ce~y of that opinion.

Zn anfliler to your--question we lsfsh to-~&vise t,hat it 1s our opinion that premium co-3’s of b5nds’ purchased. for the County Peremnent School Fund should be ckrged to that fund snd repsid to said fundout of the first interest accru

### lng on said bonds. This action should be taken by. t!le Coi&ssionurst Court to whom1~e.s beeu .delogated the resaonsibil%ty of investing and ssfeguardfrg the County Formane&. School iXn-& See Section 6 A rticle 7 of the Constitution and Article 2824, Revised Clvil’Statutes, l&s.

Cndit is also O.L~opinion that the interest accrued on such bonds at date of purchase should be paid out of the

“a.vail*b!.e fundIf. I!nler’ the authority of Gge et al vs., fioboese et czl 66 5.14. 688 (rehearing donilcd) Lt has been deter,mlned. - thst the Commissioners Court has no jurisdiction ov6r the l*~v~ilsble fund” 9 th.At,po;$cr hiving been conferred upon the c.ovaty school trustees nsting. 'CilrOVghthe County~Superlntendcnt. Such was .the ccWtls tnteryrstatiOn, thore being no oxprese La-iiOQ the subject.

It is, thersfer& our conclusicn that it.. waK!.dbe ,neca’seary for the County Su;>crlntcndent to auth.orizo the issuance of a warrant rcainst the “availabbe fund” for the pur$ose .of pwing.. the accrued interest on .any bonds :lurchased by the Co&&iione~s'

### H‘cm; John R, Shook, pago ,2

Court as an’investment loi?.the County Permzmnt School Fund.. Them two authorities should act jofntly.. It fol.lotis, as a uatter of course, that the %vafZable fund” would be m&a- ..b~sed for such er$endfture upon the receipt of tho interest subsequently paid by tineobliger on the boads.

~TrusU.ngthat this satisfactori?y answers 90~s questlon,.we 8x3 Very truly yours,. JU!‘~~RN~~Y

GElUWi OFTRXAS X3;/s/ Clarence 33. Crmo Clarerice E. +03e, Assisti&

Cl%%s:wb
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: DAVID BARRON,

 Relator. 

'

'

'

'

'

'

No. 08-12-00302-CR

AN ORIGINAL PROCEEDING

IN MANDAMUS

MEMORANDUM OPINION

Pending before the Court is a petition for writ of mandamus filed by David Barron, Relator, 

in which he complains that the 210th District Court failed to set a bond after granting his motion 

for new trial. Respondent has since set a bond and Relator has filed a motion to withdraw his 

petition for writ of mandamus. We therefore dismiss Relator’s petition for writ of mandamus as 

moot. See In re Woods, 261 S.W.3d 340, 341 (Tex.App.–Waco 2008, orig. proceeding); In re 

Jaramillo, 164 S.W.3d 774, 775 (Tex.App.–Texarkana 2005, orig. proceeding).

GUADALUPE RIVERA, Justice

October 31, 2012

Before McClure, C.J., Rivera, J., and Antcliff, J.

(Do Not Publish)
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 298 Reported in Senate (RS)]

                                                       Calendar No. 371
112th CONGRESS
  2d Session
                                H. R. 298

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2011

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                             April 25, 2012

              Reported by Mr. Lieberman, without amendment

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
 at 500 East Whitestone Boulevard in Cedar Park, Texas, as the ``Army 
         Specialist Matthew Troy Morris Post Office Building''.

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

SECTION 1. ARMY SPECIALIST MATTHEW TROY MORRIS POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 500 East Whitestone Boulevard in Cedar Park, Texas, shall be 
known and designated as the ``Army Specialist Matthew Troy Morris Post 
Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Army 
Specialist Matthew Troy Morris Post Office Building''.
                                                       Calendar No. 371

112th CONGRESS

  2d Session

                               H. R. 298

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
 at 500 East Whitestone Boulevard in Cedar Park, Texas, as the ``Army 
         Specialist Matthew Troy Morris Post Office Building''.

_______________________________________________________________________

                             April 25, 2012

                       Reported without amendment
```
<PAGE>
                                                                  EXHIBIT 10.48

                             AMENDMENT NUMBER ONE TO
             THE METLIFE ANNUAL VARIABLE INCENTIVE PLAN (THE "PLAN")

         The Plan is hereby amended in the manner set forth below:

     1.  Article 4 of the Plan is amended to add a new Section 4.5 at the end
thereof, to read as follows:

         4.5      TIMING OF PAYMENT. Subject to Section 4.4, all Awards granted
                  under this Plan shall, if payable, be paid on or before March
                  15 of the calendar year following the calendar year with
                  regard to which the performance criteria or other
                  contingencies that pertain to the Award (other than continued
                  employment with the Company or an Affiliate or other
                  contingency related to continued service until the date on
                  which the Award is payable) apply. No Participant or any other
                  person shall have any right to receive any payment of interest
                  or other remedy due to any payment of an Award on a date other
                  than as provided in the immediately preceding sentence.

     2.  This Amendment will be effective immediately upon execution.

     3. Except as otherwise expressly provided herein, the Plan (including any
amendments thereto) shall continue in full force and effect without amendment.

IN WITNESS WHEREOF, this amendment is approved.

METLIFE, INC.

/s/ Gwenn L. Carr
-------------------------------------------------
Gwenn L. Carr
Senior Vice President and Secretary

Date:  December 15, 2005
       ----------------------------


Witness:  /s/ Christine Martinez
          ---------------------------------------
          Christine Martinez