alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Tony Zaquece WHEELER, Petitioner-Appellant, v. Alvin William KELLER, Jr., Respondent-Appellee.

No. 10-7344.

United States Court of Appeals, Fourth Circuit.

Submitted: March 31, 2011.

Decided: April 5, 2011.

Tony Zaquece Wheeler, Appellant pro se. Clarence Joe DelForge, III, Assistant Attorney General, Raleigh, North Carolina, for Appellee.

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

*265Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Tony Zaquece Wheeler seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appeal-able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2258(c)(1) (2006). A certifícate of ap-pealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2258(c)(2) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). 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 right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595. We have independently reviewed the record and conclude that Wheeler 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.*
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-6199
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ZACHARY JAMES HAYES, a/k/a Zachery James Hayes, Defendant - Appellant.Appeal from the United States District Court for the Middle District of North Carolina, at Winston-Salem. William L. Osteen, Sr., District Judge. (CR-93-121-6, CA-96-668-6) Submitted: November 20, 1997 Decided: December 9, 1997 Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Zachary James Hayes, Appellant Pro Se. Paul Alexander Weinman, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal from the district court's orders granting in part and denying in part his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997), and denying his motion for reconsideration. We have reviewed the record and the district court's opinions accepting the recommendation of the magistrate judge and find no abuse of discretion and no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Hayes , Nos. CR-93-121-6; CA-96-668-6 (M.D.N.C. Dec. 13, 1996; Jan. 21, 1997). 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
Exhibit 32.2
 
 CERTIFICATION OF PERIODIC REPORT
 
 Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
 
 The undersigned, Michael J. Lewis, who is the Chief Financial Officer of Collectors Universe, Inc. (the Company), hereby certifies that (i) the Quarterly Report on Form 10-Q for the quarter ended March 31, 2004 as filed by the Company with the Securities and Exchange Commission (the Quarterly Report), to which this Certification is an Exhibit, fully complies with the applicable requirements of Section 13(a) and 15(d) of the Exchange Act; and (ii) the information contained in this Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 
 Date:May 17, 2004

/s/ MICHAEL J. LEWISMichael J. LewisChief Financial OfficerA signed original of this written statement required by Section 906 has been provided to Collectors Universe, Inc. and will be retained by Collectors Universe, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 _________________________________________

 Clerk

December 26, 2012

h1217

Order 

December 26, 2012

145639

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 145639

COA: 309196

Jackson CC: 08-004718-FH

WILLIAM JOE BLANKENSHIP, a/k/a

WILLIAM JOE BLANKINSHIP,

Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the June 13, 2012 order 

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded 

that the questions presented should be reviewed by this Court.
**Exhibit 23.2**

**DEGOLYERAND MACNAUGHTON**

5001 SPRING VALLEY ROAD

SUITE 800 EAST

DALLAS, TEXAS 75244 

**March 31, 2010**

Geomet Inc.

909 Fannin Street 

Suite 1850

Houston, Texas 77010 

Ladies andGentlemen: 

We hereby consent to the reference to DeGolyer and MacNaughton, to the incorporation of information contained inour “Appraisal Report as of December 31, 2009 on Certain Properties Owned by Geomet, Inc. Proved Reserves,” “Appraisal Report as of December 31, 2008 on Certain Properties Owned by Geomet, Inc. Proved and Probable Reserves,”“Appraisal Report as of December 31, 2007 on Certain Properties Owned by Geomet, Inc. Proved Reserves,” “Appraisal Report on Proved Reserves as of December 31, 2006 on Certain Properties Owned by Geomet, Inc.,” and“Appraisal Report as of December 31, 2005 on Certain Properties owned by Geomet, Inc.” (our Reports), and to references to our Reports in “Part I, Items 1 and 2. Business and Properties,” “Part II, Item 6. Selected FinancialData,” “Part II, Item 7. Management’s Discussion and Analysis of Financial Condition and Results of Operations,” and “Part II, Item 8. Financial Statements and Supplementary Data” in the Annual Report on Form 10-K ofGeomet, Inc. for the year ended December 31, 2009 (the 10-K). We also consent to the inclusion of our letter report dated March 26, 2010 in “Part IV, Item 15. Exhibits and Financial Statement Schedules” as “Exhibit 99.1” in the10-K.
I 

111TH CONGRESS 

1ST SESSION H. R. 349 

To authorize an additional district judgeship for the district of Nebraska. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2009 

Mr. TERRY (for himself, Mr. SMITH of Nebraska, and Mr. FORTENBERRY) introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To authorize an additional district judgeship for the district 

of Nebraska. 

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

3 SECTION 1. DISTRICT JUDGESHIP FOR THE DISTRICT OF 

4 NEBRASKA. 

5 (a) IN GENERAL.—The President shall appoint, by 

6 and with the advice and consent of the Senate, 1 addi7 tional district judge for the district of Nebraska. 

8 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

9 In order that the table contained in section 133(a) of title 

10 28, United States Code, will reflect the change in the numVerDate Nov 24 2008 00:28 Jan 12, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H349.IH H349

rfrederick on PROD1PC67 with BILLS
2 

•HR 349 IH

1 ber of judgeships authorized by subsection (a), such table 

2 is amended by striking the item relating to Nebraska and 

3 inserting the following: 

‘‘Nebraska .......................................................................................... 4’’. 

Æ 


rfrederick on PROD1PC67 with BILLS
#### Maude Sutherland, an Infant, by Her Mother and Natural Guardian, Hester Sutherland, et al., Plaintiffs, v City of New York et al., Respondents. Walton Sutherland, Non-party Appellant.

[666 NYS2d 615]

—Order, Supreme Court, New York County (Karla Moskowitz, J.), entered November 15, 1996, which granted defendants’ respective cross motions for sanctions against appellant and a protective order against his initiating any further litigation in this matter except for the instant appeal, unanimously affirmed, with costs.

Appellant, despite repeated warnings by the court against persisting in his attempt to vacate or modify an infant compromise order made 10 years earlier to which he was neither a *211party nor the attorney of record, nevertheless did so with motions that were completely without merit and had not even been served upon the infant plaintiff, her guardian mother, also a plaintiff, or their attorney of record, thereby causing substantial and unnecessary expense and work that amply justified the sanctions and injunction imposed. Concur—Ellerin, J. P., Nardelli, Williams, Andrias and Colabella, JJ.
CERTIFICATION PURSUANT TO
                               18 U.S.C. ss. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     In connection with the Quarterly  Report of Poseidis,  Inc. (the "Company")
on Form  10-QSB for the  period  ending  November  30,  2002,  as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Louis
Pardo dit Pardau,  Chief  Financial  Officer (or the equivalent  thereof) of the
Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to Section
906 of the  Sarbanes-Oxley  Act of 2002,  that,  to the best of my knowledge and
belief:

(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.



                               /s/ Louis Pardo dit Pardau
                               --------------------------------------
                               Louis Pardo dit Pardau, Chief Financial Officer
                               (or the equivalent thereof)

Dated: 1/9/03
#### In the Matter of Santiago Rivera, Petitioner, v Brian Fischer, as Commissioner of Corrections and Community Supervision, Respondent.

[987 NYS2d 267]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with creating a disturbance, violent conduct and engaging in an unauthorized assembly. According to the report, petitioner was part of a group of 15 or more inmates that was about to engage in a fight in the exercise yard. The other inmates in the yard had stopped what they were doing and were watching the group when correction officers intervened before the fight began. Following a tier III disciplinary hearing, petitioner was found guilty of all charges. *1195On administrative appeal, the charge of violent conduct was dismissed, but the remainder of the determination was upheld with no change in penalty. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, the unusual incident report and the hearing testimony provide substantial evidence supporting the determination of guilt *(see Matter of Hyatt v*Fischer, 110 AD3d 1294, 1295 [2013]; *Matter of Cody v Fischer,*84 AD3d 1651, 1651 [2011]). Petitioner’s testimony that he was not involved in the incident and was only walking through the yard on his way to the weightlifting area presented a credibility issue for the Hearing Officer to resolve *(see Matter of Brisman v Fischer,*92 AD3d 1060, 1061 [2012], *lv denied*20 NY3d 852 [2012]; *Matter of McLaughlin v Fischer,*69 AD3d 1071, 1072 [2010]). Further, the misbehavior report contained sufficient detail to enable petitioner to prepare a defense *(see Matter of Curry v Fischer,*113 AD3d 981, 982 [2014]; *Matter of Poe v Fischer,*107 AD3d 1251, 1252 [2013]). We have examined petitioner’s remaining claims and find them to be without merit.

Lahtinen, J.P, McCarthy, Rose, Devine and Clark, JJ., concur.

Adjudged that the determination is confirmed, without costs, and petition dismissed.
FLRA NEWS

FEDERAL LABOR RELATIONS AUTHORITY - WASHINGTON, DC 20424

Contact: Eric Prag FLRA.gov FOR IMMEDIATE RELEASE

 771-444-5859 February 16, 2024

FLRA’s Federal Service Impasses Panel (FSIP) Issues a Proposed Rule Updating its 

Regulations to Establish Revised Methods by which the Public May Obtain Specific Forms 

from FSIP, and then File, or Formally Submit, those Forms and other Documents during 

the Course of FSIP Proceedings

Due primarily to budgetary constraints, the FSIP is consolidating its office space at 1400 K 

Street, NW, Washington, DC, so that its offices will now be located on the third floor near 

FLRA’s existing office space. 

Additionally, as the FSIP continues to move towards fully electronic case files, it strongly 

encourages parties to file any permissible documents through the eFiling system and is 

implementing a requirement that in-person filings be scheduled at appointed times by permission 

only. This will assist the FSIP—which has currently a staff of only four employees—in more 

easily managing staff-coverage issues, especially if budget constraints or other considerations 

prevent it from filling vacancies as they arise.

Therefore, today, the FLRA issued a Federal Register notice proposing to amend 5 CFR Parts 

2471.2, 2471.5, 2472.3, 2472.5, and 2472.6 to update procedures for obtaining FSIP-specific 

forms and then filing or formally submitting those forms and other documents during the course 

of FSIP proceedings. The proposed amendments would promote eFiling, and conserve FSIP staff 

time by allowing staff to accept documents at pre-determined times thereby allowing staff to 

avoid being on constant stand-by for lengthy periods of time each week to accept forms and 

documents, thus losing the opportunity to perform other critical tasks.

Comments must be received on or before March 18, 2024. Information on how to submit a 

comment can be found in the notice.

###

The FLRA administers the labor-management relations program for 2.1 million non-Postal federal 

employees worldwide, approximately 1.2 million of whom are represented in 2,200 bargaining 

units. It is charged with providing leadership in establishing policies and guidance related to 

federal sector labor-management relations and with resolving disputes under, and ensuring 

compliance with, the Federal Service Labor-Management Relations Statute.
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 July 29, 2019

t0722

Order 

Clerk

July 29, 2019

158146

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 158146

COA: 337365

Allegan CC: 16-019935-FH

RUDY FRANK FABELA,

Defendant-Appellant.

_____________________________________/

On order of the Court, the application for leave to appeal the June 26, 2018 

judgment of the Court of Appeals is considered. It appearing to this Court that the case 

of People v Betts (Docket No. 148981) is pending on appeal before this Court and that 

the decision in that case may resolve an issue raised in the present application for leave to 

appeal, we ORDER that the application be held in ABEYANCE pending the decision in 

that case.
#### In the Matter of Tisnique B., a Child Alleged to be Neglected. Jeffrey B., Appellant; Saint Dominic’s Home et al., Respondents. In the Matter of Christina M. and Others, Children Alleged to be Neglected. Rodney M., Appellant; Saint Dominic’s Home et al., Respondents.

[665 NYS2d 882]

—Order of disposition, Family Court, Bronx County (Richard Ross, J.), entered on or about March 22, 1995, terminating respondents’ parental rights to the subject children upon a finding of permanent neglect, and committing their custody and guardianship to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

Petitioner established by clear and convincing evidence that respondents failed to plan for the future of their children despite petitioner’s appropriately diligent efforts to encourage and strengthen the parental relationships. Family Court also properly found that the children’s best interests would be served by terminating respondents’ parental rights and freeing the children for adoption. There is no merit to respondents’ argument that the instant neglect proceedings should have been dismissed because it was instituted after the order of placement had lapsed *(Matter of Mickey B.,*65 AD2d 603). We have considered respondents’ other claims and find them to be without merit. Concur—Wallach, J. P., Rubin, Williams, Tom and Andrias, JJ.
CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350 ADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002





In
connection with the Report of CoConnect, Inc., a Nevada corporation, (the
“Company”) on Form 10-Q for the quarter ended September 30, 2008, as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I,
Mark L. Baum, President and Chief Executive Officer of the Company, certify the
following pursuant to Section 18, U.S.C. 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002:





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/ Mark L.
Baum


Mark L.
Baum


Interim
President and Chief Executive Officer





October
21, 2008
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<MULTIPLIER>                           1,000

<S>                                    <C>
<PERIOD-TYPE>                                3-MOS
<FISCAL-YEAR-END>                      JAN-27-2001
<PERIOD-START>                         JAN-30-2000
<PERIOD-END>                           APR-29-2000
<CASH>                                       9,022
<SECURITIES>                                     0
<RECEIVABLES>                                1,358
<ALLOWANCES>                                     0
<INVENTORY>                                 23,210
<CURRENT-ASSETS>                            34,693
<PP&E>                                      43,184
<DEPRECIATION>                                   0
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<OTHER-EXPENSES>                             3,005
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<INTEREST-EXPENSE>                           3,451
<INCOME-PRETAX>                             (4,044)
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<NET-INCOME>                                (2,321)
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</TABLE>
Exhibit Number 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 Great Western Bancorporation, Inc. (Great Western) on Form 10-Q/A for the three month period ended
September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James R. Clark, Chief Financial Officer of Great Western, 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 my knowledge:



| | (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 Great Western.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------



|                 |  |  |  |                                        
|---------------- |  |  |  | ---------------------------------------
|                 |  | 
|January 30, 2006 |  |  |  | /s/ James R. Clark                     
|                 |  |  |  | James R. Clark, Chief Financial
Officer



18
Exhibit 32.1

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 of Smith Barney Warrington Fund L.P. (the ‘‘Partnership’’) on Form 10-K for the year ending December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the ‘‘Report’’), I, Jerry Pascucci, President and Director of Citigroup Managed Futures LLC, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 results of operations of the Partnership.

/s/ Jerry Pascucci
Jerry Pascucci
Citigroup Managed Futures LLC
President and Director

March 28, 2008
Date

---