alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-41329 Conference Calendar

GERALD DANIEL BEAUMONT, Petitioner-Appellant,

versus JOHN ASHCROFT, U. S. Attorney General, Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:00-CV-642

-------------------- June 13, 2001 Before WIENER, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM: * Gerald Daniel Beaumont, federal prisoner # 07336-035, appeals the district court’s dismissal of his 28 U.S.C. § 2241 petition for writ of habeas corpus. Beaumont argues that he properly raised his claims in a 28 U.S.C. § 2241 petition; that, in the alternative, he comes under 28 U.S.C. § 2255 savings clause; and that the district court failed to consider the merits of his petition. Beaumont argues that insufficient evidence supported his conviction and that the evidence improperly broadened theNo. 00-41329 -2- indictment. Beaumont’s claims should have been raised in a § 2255 motion to vacate, set aside, or correct sentence because a § 2255 motion is the proper manner for a federal prisoner to challenge his conviction or sentence. See Reyes-Requena v. United States , 243 F.3d 893, 900-01 (5th Cir. 2001). Beaumont does not meet the requirements for the § 2255 savings clause because he has not demonstrated that his relief under 28 U.S.C. § 2255 was inadequate or ineffective. See id. at 901-02, 904. Beaumont was not entitled to a consideration of the merits of his claim because he was not authorized to file a second or successive § 2255 motion. See 28 U.S.C. § 2255. AFFIRMED.
Skip to main content    

      Federal Mine Safety and Health Review Commission    

En Español

            - About FMSHRC               - News
              - Commissioners
              - Chairman and Commissioner Tenure
              - Administrative Law Judges
            - Guides               - Frequently Asked Questions
              - FOIA Guide
              - How a Case Proceeds Before the Commission
              - Guide to Commission Proceedings
              - Requests to Reopen
              - Instructions for Electronic Filing
              - Videoconference Hearings
              - Section 105(c)(3) Complaints
            - Decisions               - Review Commission Decisions
              - ALJ Decisions
              - Blue Books
            - Review Commission Arguments & Meetings               - Oral Arguments
              - Meetings
            - The Mine Act & Procedural Rules               - The Mine Act
              - Procedural Rules
              - Changes to Procedural Rules
            - FOIA               - Submit a FOIA Request
              - FOIA Guide
              - Rules
              - FOIA References
              - FOIA Library
              - FOIA Public Liaison
              - FOIA Reports
              - Proposed FOIA Rules
            - Reports & Budget Submissions               - Strategic Plans
              - Budget and Annual Performance Reports
              - Buy American Reports
              - Performance Accountability Reports
              - Sustainability Report
              - Reports to Congress
              - Contingency Plan
              - Reports to the President
            - Cases on Review               - Cases Currently on Review Before the Commission
              - Commission Decisions On Appeal
            - Contact Us

## Breadcrumb

-  Home 
-  About FMSHRC 
-  Latest FMSHRC News 
-                   Direction for Review - Marshall Justice v. Rockwell Mining, LLC              

#   Direction for Review - Marshall Justice v. Rockwell Mining, LLC

On February 5, 2020, the Commission issued a Sua Sponte Direction for Review and Briefing Order in the case of *Marshall Justice v. Rockwell Mining, LLC*, Docket No. WEVA 2018-48-D.  

DFR(Marshall Justice v. Rockwell Mining LLC) WEVA 2018-0048.pdf

##### Footer Links

-  EEO Policies 
-  No Fear Act Notice 
-  Employee Ethical Conduct 
-  Equal Access to Justice Act 
-  Motions to Approve Settlement 
-  Non-Discrimination 
-  Reasonable Accommodation Procedures 
-  Privacy Act 
-  Sunshine Act Regulations 
-  USA.gov 
-  FMSHRC Privacy Policy 
-  Vulnerability Disclosure Policy 

### The Federal Mine Safety and Health Review Commission

#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: (202)434-9900TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov
768 S.E.2d 401

#### Robert L. CULLEN, Andrew A. Corriveau and Andrea Hucks, Petitioners, v. J. Bennett McNEAL, B. McNeal Partnership, L.P., Anthony R. Porter and Wright’s Point Home Owners Association, Respondents.

Appellate Case No. 2011-196126.

No. 27489.

Supreme Court of South Carolina.

Heard Jan. 15, 2015.

Decided Jan. 28, 2015.

John E. North, Jr., of North *&*Black, PC, of Beaufort, for Petitioners.

*271Joel D. Bailey, of The Bailey Law Firm, PA, of Beaufort, for Respondents.

PER CURIAM.

We granted a writ of certiorari to review the Court of Appeals’ decision in *Cullen v. McNeal,*390 S.C. 470, 702 S.E.2d 378 (Ct.App.2010). We now dismiss the writ as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.
EXHIBIT 3.4

                          ARTICLES OF AMENDMENT
                                 TO THE
                        ARTICLES OF INCORPORATION
                                   OF
                        HALLMARK PROPERTIES, INC.


     Pursuant to the applicable provisions of the Colorado Corporation

statutes, the undersigned corporation adopts the following amendment to

its current Articles of Incorporation effective as of the date written

below:



1.   That ARTICLE 1 shall be amended to reflect the corporation's change

     of name to NORTON MOTORCYCLES, INC.



2.   That ARTICLE 4 shall be amended to note that the shares of Common

     Stock outstanding as of April 30, 1999 shall be reverse split on the

     basis of one (1) share for each forty-two (42) shares outstanding.



3.   That there being sufficient shares voting in favor of adopting said

     amendments the same has been approved by a vote of the shareholders

     pursuant to the applicable provisions of the Colorado Business

     Corporations Act effective April 30, 1999.



                                   HALLMARK PROPERTIES, INC.



                                   By:  /s/ Mark Osterberg, CEO

     Effective Date : April 30, 1999
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 7
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM MUTUAL RISK
MANGEMENT LTD.'S FINANCIAL STATEMENTS AS OF JUNE 30, 1997 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000826918
<NAME> MUTUAL RISK MANAGEMENT LTD.
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<EXCHANGE-RATE>                                      1
<DEBT-HELD-FOR-SALE>                           401,508
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                           0
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                 401,508
<CASH>                                          64,037
<RECOVER-REINSURE>                             401,463
<DEFERRED-ACQUISITION>                          21,019
<TOTAL-ASSETS>                               1,866,919
<POLICY-LOSSES>                                481,295
<UNEARNED-PREMIUMS>                            151,259
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                           40,552
<NOTES-PAYABLE>                                127,910
<PREFERRED-MANDATORY>                            2,952
<PREFERRED>                                          0
<COMMON>                                           394
<OTHER-SE>                                     233,227
<TOTAL-LIABILITY-AND-EQUITY>                 1,866,919
<PREMIUMS>                                      35,183
<INVESTMENT-INCOME>                             13,138
<INVESTMENT-GAINS>                             (1,471)
<OTHER-INCOME>                                  56,434
<BENEFITS>                                      19,216
<UNDERWRITING-AMORTIZATION>                     16,688
<UNDERWRITING-OTHER>                            39,590
<INCOME-PRETAX>                                 27,790
<INCOME-TAX>                                     4,928
<INCOME-CONTINUING>                             22,862
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0  
<CHANGES>                                            0
<NET-INCOME>                                    22,779
<EPS-PRIMARY>                                     0.58
<EPS-DILUTED>                                     0.54
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

1331 PENNSYLVANIA AVENUE, NW

SUITE 520N

WASHINGTON, DC 20004

June 12, 2014

TIME AND DATE: 10:00 a.m., Thursday, June 26, 2014

PLACE: The Richard V. Backley Hearing Room, Room 511N, 1331 

Pennsylvania Avenue, NW, Washington, DC 20004 (entry from 

F Street entrance)

STATUS: Open 

MATTERS TO BE 

CONSIDERED: The Commission will hear oral argument in the matter Secretary of 

Labor v. Tilden Mining Co., LC, Docket No. LAKE 2008-503-M.

(Issues include whether a standard requiring periodic continuity 

and resistance testing of grounding systems applies to extension 

cords and power cords.)

Any person attending this oral argument who requires special 

accessibility features and/or auxiliary aids, such as sign language 

interpreters, must inform the Commission in advance of those 

needs. Subject to 29 C.F.R. § 2706.150(a)(3) and § 2706.160(d).

CONTACT PERSON 

FOR MORE INFO: Jean Ellen (202) 434-9950 / (202) 708-9300 for TDD Relay / 

1-800-877-8339 for toll free.
#### UNITED STATES of America, Plaintiff-Appellee, v. Barry Alan JOHNSON, Defendant-Appellant.

No. 15-7384.

United States Court of Appeals, Fourth Circuit

Submitted: Jan. 14, 2016.

Decided: Jan. 20, 2016.

Barry Alan Johnson, Appellant Pro Se. William E. Day, II, Assistant United States Attorney, Florence, South Carolina, for Appellee.

Before AGEE, WYNN, and FLOYD, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Barry Alan Johnson appeals from the district court’s orders granting his motion for modification of sentence, 18 U.S.C. § 3582(c)(2) (2012), and denying his motion for reconsideration. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *United States v. Johnson,*No. 4:11-cr-02156-TLW-1 (D.S.C. July 31, 2015; Aug. 19, 2015). 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.*
Right Management Consultants, Inc.

            Exhibit 11 - Consolidated Earnings Per Share Calculation

                                            For the Year Ended December 31,
                                         1996           1995           1994

Earnings per common share
Primary and Fully Diluted EPS:

Primary EPS  **

Net income                            $9,675,000     $7,819,000     $5,714,000
                                      ==========     ==========     ==========

Weighted average number of shares
issued and outstanding                 6,252,000      5,984,000      5,921,000

Dilutive effect (excess of number
of shares issuable over number
of shares assumed to be issued
using the average market price
during the period) of
outstanding options                      411,000        306,000        204,000
                                       ---------      ---------      ---------



Adjusted weighted average number
of shares outstanding                  6,663,000      6,290,000      6,125,000
                                      ==========     ==========     ==========

Earnings per common share                  $1.45          $1.24          $0.93
                                      ==========     ==========     ==========



Fully Diluted EPS **

Net income                            $9,675,000     $7,819,000     $5,714,000
                                      ==========     ==========     ==========

Weighted average number of shares
issued and outstanding                 6,252,000      5,984,000      5,921,000

Dilutive effect (excess of number
of shares issuable over number
of shares assumed to be issued
using the market price at the
end of the period) of
outstanding options
                                         446,000        411,000        209,000
                                       ---------      ---------      ---------


Adjusted weighted average number
of shares outstanding                  6,698,000      6,395,000      6,130,000
                                      ==========     ==========     ==========

Earnings per common share                  $1.44          $1.22          $0.93
                                      ==========     ==========     ==========


** Shares have been restated to reflect both the November 1995 and July 1996
three-for-two stock splits.
I 

117TH CONGRESS 

1ST SESSION H. R. 3520 

To preempt State data security vulnerability mandates and decryption 

requirements. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2021 

Mr. LIEU (for himself, Ms. DELBENE, Ms. ESHOO, and Ms. MACE) introduced 

the following bill; which was referred to the Committee on the Judiciary, 

and in addition to the Committee on Energy and Commerce, 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 preempt State data security vulnerability mandates and 

decryption requirements. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ensuring National 

5 Constitutional Rights for Your Private Telecommuni6 cations Act of 2021’’ or the ‘‘ENCRYPT Act of 2021’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 3520 IH

1 SEC. 2. PREEMPTION OF STATE DATA SECURITY VULNER2 ABILITY MANDATES AND DECRYPTION RE3 QUIREMENTS. 

4 (a) IN GENERAL.—A State or political subdivision of 

5 a State may not— 

6 (1) mandate or request that a manufacturer, 

7 developer, seller, or provider of covered products or 

8 services— 

9 (A) design or alter the security functions 

10 in its product or service to allow the surveil11 lance of any user of such product or service, or 

12 to allow the physical search of such product, by 

13 any agency or instrumentality of a State, a po14 litical subdivision of a State, or the United 

15 States; or 

16 (B) have the ability to decrypt or otherwise 

17 render intelligible information that is encrypted 

18 or otherwise rendered unintelligible using its 

19 product or service; or 

20 (2) prohibit the manufacture, sale or lease, of21 fering for sale or lease, or provision to the general 

22 public of a covered product or service because such 

23 product or service uses encryption or a similar secu24 rity function. 

25 (b) DEFINITIONS.—In this section: 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 3520 IH

1 (1) COVERED PRODUCT OR SERVICE.—The 

2 term ‘‘covered product or service’’ means any com3 puter hardware, computer software, electronic de4 vice, or online service that— 

5 (A) has traveled in interstate or foreign 

6 commerce or otherwise affects interstate or for7 eign commerce; and 

8 (B) is made available to the general public. 

9 (2) ONLINE SERVICE.—The term ‘‘online serv10 ice’’ means a service provided over the internet that 

11 makes available to users— 

12 (A) the ability to send or receive commu13 nications, such as emails, text messages, 

14 photos, and audio and video communications; 

15 (B) the ability to share data files with 

16 other users; or 

17 (C) remote computer processing or storage. 

18 (3) STATE.—The term ‘‘State’’ means each of 

19 the several States, the District of Columbia, each 

20 commonwealth, territory, or possession of the United 

21 States, and each federally recognized Indian Tribe. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
Exhibit 35.1


[OPTION ONE LOGO]                                               [H&R BLOCK LOGO]

March 15,2007

Financial Asset Securities Corp.
600 Steamboat Road
Greenwich, CT 06830
Attention: Legal

Deutsche Bank National Trust Company
1761 East St. Andrew Place
Santa Ana, CA 92705
Attention: Trust Administration-GC0604

Fitch, Inc.
One State Street Plaza
New York, NY 10004

Standard & Poor's Rating Services
55 Water Street
New York, NY 10041
Inv #429

Re: Soundview Home Loan Trust 2006-OPT2

      Pursuant to Section 3.20 of the Pooling and Servicing Agreement, dated and
effective as of April 1, 2006, among Financial Asset Securities Corp., as
Depositor, Option One Mortgage Corporation, as Servicer, and Deutsche Bank
National Trust Company, as Trustee, (the "Servicing Agreement"), enclosed is the
required officer's certificate of compliance.

If you have any questions, please contact Elizabeth Nguyen at (949) 727-8226 or
email: Elizabeth.Nguyen@oomc.com

Option One Mortgage Corporation
6501 Irvine Center Drive
Irvine, CA 92618

www.optiononemortgage.com

                        6501 Irvine Center Drive o Irvine
               o California 92618 o 949-784-6100 Fax: 949 784 6112

<PAGE>

[OPTION ONE LOGO]                                      www.optiononemortgage.com

                          Annual Compliance Certificate

      I, Teji Singh, the undersigned, the duly authorized Chief Servicing
Officer of Option One Mortgage Corporation (as "Servicer"), does hereby certify
the following for the calendar year ending on December 31, 2006:

1.    A review of the activities of the Servicer during the preceding calendar
      year (or portion thereof) and of its performance under the Servicing
      Agreement (as defined in the cover letter) for such period has been made
      under my supervision.

2.    To the best of my knowledge, based on such review, the Servicer has
      fulfilled all of its obligations under the Servicing Agreement in all
      material respects throughout such year (or applicable portion thereof),
      except as disclosed on Appendix A, attached.

Certified By:


/s/ Teji Singh
-------------------------------------
Name: Teji Singh
Title: Chief Servicing Officer - SVP
Date: March 15, 2007

    6501 Irvine Center Drive o Irvine o California o 92618 o (800)704-0800 o

<PAGE>

[OPTION ONE LOGO]                                      www.optiononemortgage.com

                                   APPENDIX A

Criteria 1122(d)(1)(iv)

Option One's fidelity bond insurance was less than FNMA requirements by
approximately $5.4 million on average during the first six months of the year,
and during such six month period reached up to $8.6 million less than the FNMA
requirements. Upon discovery of the deficiency, Option One renewed the insurance
policy on June 17, 2006 for coverage in excess of the FNMA requirements.

    6501 Irvine Center Drive o Irvine o California o 92618 o (800)704-0800 o
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 Energy

###### Federal Energy Regulatory Commission

          - [Docket No. RP01-175-002]

Take notice that on January 30, 2001, Total Peaking Services, L.L.C. (Total Peaking), tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, First Revised Sheet No. 64, with an effective date of December 19, 2000.

                    Total Peaking states that the Revised Sheets remove language from Total Peaking's Tariff that currently subjects customers to imbalance penalties.                          ( print page 9312)    

Total Peaking states that copies of the filing has been served on all parties on the office of Service List of Docket No. RP01-175-000 and the Connecticut Department of Utility Control.

Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Section 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Copies of this filing are on file with the Commission and are available for public inspection in the Public Reference Room. This filing may be viewed on the web at http://www.ferc.fed.us/​online/​rims.htm (call 202-208-2222 for assistance). Comments and protests may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site at http://www.ferc.fed.us/​efi/​doorbell.htm.

David P. Boergers,

Secretary.

[FR Doc. 01-3145  Filed 2-6-01; 8:45 am]

BILLING CODE 6717-01-M