alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### David James CUDWORTH, Petitioner-Appellant, v. Gene M. JOHNSON, Director of the Virginia Department of Corrections; Chief Probation Officer of District 15, Respondents-Appellees.

No. 10-6459.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 16, 2010.

Decided: Dec. 27, 2010.

David Bernard Hargett, Hargett Law, PLC, Glen Allen, Virginia, for Appellant. Craig Stallard, Assistant Attorney General, Richmond, Virginia, for Appellee.

Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

David James Cudworth seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. *See*28 U.S.C. § 2253(c)(1) (2006). 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) (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 Cudworth 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.*
#### Curtis Leon TAYLOR, Sr., Plaintiff-Appellant, v. DEPARTMENT OF the U.S. NAVY; U.S. Marine Corps; the Department for Veteran Affairs, Defendants-Appellees.

No. 15-1840.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 19, 2016.

Decided: Feb. 2, 2016.

Curtis Leon Taylor, Sr., Appellant Pro Se.

Before NIEMEYER, MOTZ, and KING, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Curtis Leon Taylor, Sr., appeals the district court’s order dismissing his civil complaint under 28 U.S.C. § 1915(e)(2)(B) (2012). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *See Taylor v. Dep’t of the U.S. Navy,*No. 4:15-cv-00023-JLK (W.D. Va. June 29,2015). We grant leave to proceed in forma pauperis. 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.*
### Court of Appeals, State of Michigan

ORDER

Governor Gretchen Whitmer v Board of State Canvassers

Docket No. 354474; 354475; 354582; 354583; 354794; 354795; 354878

LC No. 00

- 000000 Kathleen Jansen

Presiding Judge

Amy Ronayne Krause

Michael F. Gadola

Ju dges

The May 27, 2021 concurring opinion is hereby VACATED, and a new opinion is attached.

The new opinion corrects a clerical error in the second and third sentences of the Conclusion

.

Presiding Judge
**FEDERALMINE SAFETY AND HEALTH REVIEW COMMISSION**

 

SUNSHINE ACT NOTICE

 

TIMEAND DATE:                10:00 a.m., Thursday, May 28, 2020

 

PLACE:                                  Thismeeting will be conducted through a videoconference involving allCommissioners. Any person wishing to listen to the proceedings may call thephone number listed below.

 

STATUS:                                Open

 

MATTERSTO BE 

CONSIDERED:                      TheCommission will consider and act upon the following in open session: *Secretaryof Labor v. Northshore Mining Co.,*Docket Nos. LAKE 2017-224, et al. (Issuesinclude whether the Judge erred in concluding that a violation of the walkwaystandard resulted from an unwarrantable failure and the operator’s recklessdisregard.)

 

 

Any person attending this meeting 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:                 EmogeneJohnson (202) 434-9935 / (202) 708-9300 for TDD

                                                Relay/ 1-800-877-8339 for toll free.

 

PHONE NUMBER

FOR LISTENING TO 

MEETING:                             1-(866)236-7472

                                                Passcode:678-100

 

Authority: 5 U.S.C. 552b

 

Dated: May 14, 2020

 

 

                                                __________________________________

                                                SarahL. Stewart

                                                DeputyGeneral Counsel

 

BillingCode 6735-01
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

TIME AND DATE:

PLACE:

STATUS:

MATTERS TO BE
CONSIDERED:

CONTACT PERSON
FOR MORE INFO:

1331 PENNSYLVANIA AVENUE, NW
SUITE 520N
WASHINGTON, DC 20004

June 3, 2014

10:00 a.m., Thursday, June 12, 2014

The Richard V. Backley Hearing Room, Room 511N, 1331
Pennsylvania Avenue, NW, Washington, DC 20004 (entry from
F Street entrance)

Open

The Commission will hear oral argument in the following matters:
Secretary of Labor v. Emerald Coal Resources, LP, Docket Nos.
PENN 2009-697, et al.; Secretary of Labor v. Emerald Coal
Resources, LP, Docket Nos. PENN 2010-445-R, et al.; Secretary
of Labor v. Emerald Coal Resources, LP, Docket No. PENN 2011-
168; Secretary of Labor v. Cumberland Coal Resources, LP,
Docket No. PENN 2012-278. (Issues include whether the
Administrative Law Judges erred in concluding that impermissible
accumulations of coal existed.)

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).

Jean Ellen (202) 434-9950 / (202) 708-9300 for TDD Relay /
1-800-877-8339 for toll free.
(Translation)

     

    Property
      Lease Agreement

     

     
      Contract
      # FA004218

    


    Party
      A:
      Shenzhen Huahan Pipeline Technology Co.

     

    Adress:
      1st—
      2nd
      Floor of
      Building #1, Zhangkeng Industrial Zone, Longhua Town, Bao’an District, Shenzhen
      518000

    


    Party
      B:
      Agilon
      Science & Technology (Shenzhen) Co., Ltd

     

    Adress:
      C-6F, Huhan Chuangxin Block, Keyuan Road, Hi-Tech Industry Zone, Shenzhen,
      518000, Guangdong, China

    


    I.
      Location of the Property

     

    C-6F,
      Huahan Building, Langshan Road, Nanshan District, Shenzhen 518057

    


    II.
      Area,
      Lease Period, Rental

     

    The
      property for rental occupies an area of 2,750 square meters in a six-storey
      building. The Property Lease covers a period of October 1, 2006 to September
      30,
      2009. Monthly rental is RMB110,000.00 (an equivalent of approximately
      US$14103).

    


    III.
      Payment Terms

     

    The
      monthly rental is due to be paid by the tenth day of each month.

    


    IV.
      The
      Agreement is written in Chinese and takes effect on July 15, 2006, in four
      copies.

    


    For
      and
      on behalf of Party A: 

     

    
      	 	 	 
	 	By  	/s/ Zheng
              Nenghuan
	 	
              
                

              

              General Manager,

              
                Shenzhen
                  Huahan Pipeline Technology
                  Co.

              

            


    

     

    For
      and
      on behalf of Party B:

     

    
      	 	 	 
	 	By  	/s/ Bu
              Shengfu
	 	
              

              Chairman
                of the Board, 

              Agilon
                Science & Technology (Shenzhen) Co.,
                Ltd

            


    

     

    As
      of the
      date of 11th,
      Septmber, 2006
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3508 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
117th CONGRESS
  2d Session
                                H. R. 3508

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
   at 39 West Main Street, in Honeoye Falls, New York, as the ``CW4 
               Christian J. Koch Memorial Post Office''.

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

SECTION 1. CHRISTIAN KOCH MEMORIAL POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 39 West Main Street, in Honeoye Falls, New York, shall be 
known and designated as the ``CW4 Christian J. Koch Memorial Post 
Office''.
    (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 ``CW4 
Christian J. Koch Memorial Post Office''.

            Passed the House of Representatives May 12, 2022.

            Attest:

                                                                 Clerk.
117th CONGRESS

  2d Session

                               H. R. 3508

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
   at 39 West Main Street, in Honeoye Falls, New York, as the ``CW4 
               Christian J. Koch Memorial Post Office''.
```
1 The Honorable Mark W. Bennett, Chief Judge, United States District Court for the Northern District of Iowa. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 05-1502

___________ United States of America, * * Plaintiff - Appellee, * Appeal from the United States * District Court for the v. * Northern District of Iowa. * Julian McClain, * [UNPUBLISHED] * Defendant - Appellant. *

___________ Submitted: September 14, 2005 Filed: September 22, 2005

___________ Before BYE, BRIGHT, and SMITH, Circuit Judges.

___________ PER CURIAM. Julian McClain appeals the sentence imposed by the district court 1 claiming error resulting from the district court’s use of a disputed drug quantity calculation in violation of United States v. Booker , 125 S. Ct. 738 (2005), judicial bias, and ineffective assistance of counsel.McClain withdrew his objection to the drug quantity calculation in the Presentence report. (Tr. at 4-5.) This withdrawal constituted an admission. United States-2- v. Hipolito-Sanchez , 998 F.2d 594, 596 (8th Cir. 1993); see United States v. MoraHiguera , 269 F.3d 905, 912-13 (8th Cir. 2001) (affirmatively declining to object to drug quantity calculation in pre-sentence report at sentencing hearing constitutes a waiver of the issue). The district court could rely on the admission in sentencing without erring under Booker . See Booker , 125 S. Ct. at 756. McClain’s judicial bias argument was not raised on appeal and therefore the district court’s statements are reviewed under the plain error standard. United States v. Sypolt , 346 F.3d 838, 839 (8th Cir. 2003). Under such standard, McClain must demonstrate a “reasonable probability, based on the appellate record as a whole, that but for the error [the Defendant] would have received a more favorable sentence.” United States v. Erhart , 415 F.3d 965, 970 (8th Cir. 2005). McClain has failed to do so. Indeed, the district court granted a larger downward departure than was sought by the government and indicated its willingness to grant a reduction in sentence should the government file a Rule 35(b) motion. (Tr. at 23-24, 26.) The district court’s statements were personal characterizations of McClain based upon its interpretation of the submissions before it and did not evince any personal bias requiring recusal under 28 U.S.C. § 455. McClain argues ineffective assistance of counsel because his counsel decided not to dispute the drug quantity established by reference to McClain’s prior attestations. McClain’s counsel made an objectively reasonable decision to not risk losing a two-level reduction for acceptance of responsibility by disputing previous attestations. Finally, the failure to cite to Blakelyor Booker created no prejudice for McClain since no Booker error was committed. Accordingly, McClain suffered no ineffective assistance of counsel. Thai v. Mapes , 412 F.3d 970, 978 (8th Cir. 2005).

We therefore affirm the district court.

______________________________
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.                  

###### Federal Maritime Commission

      ( print page 9577)    
                    In the                     **Federal Register**                     notice published January 18, 2001 (66  FR 4827) the reference to N. Abbe International, Inc. is corrected to read: “H. Abbe International, Inc.”.                

Dated: February 2, 2001.

Bryant L. VanBrakle, 

Secretary. 

[FR Doc. 01-3218 Filed 2-7-01; 8:45 am] 

BILLING CODE 6730-01-P
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000826773
<NAME> ADINA, INC.
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   6-MOS
<FISCAL-YEAR-END>                          APR-30-1997             APR-30-1997
<PERIOD-END>                               JUL-31-1996             OCT-31-1996
<CASH>                                              10                      10
<SECURITIES>                                         0                       0
<RECEIVABLES>                                        0                       0
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                    10                      10
<PP&E>                                               0                       0
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                                      10                      10
<CURRENT-LIABILITIES>                              540                     540
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                         11250                   11250
<OTHER-SE>                                     (11780)                 (11780)
<TOTAL-LIABILITY-AND-EQUITY>                        10                      10
<SALES>                                              0                       0
<TOTAL-REVENUES>                                     0                       0
<CGS>                                                0                       0
<TOTAL-COSTS>                                        0                       0
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                      0                       0
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                         0                       0
<EPS-PRIMARY>                                        0                       0
<EPS-DILUTED>                                        0                       0
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Balance Sheet at March 31, 1998 (Unaudited) and the Statement of
Operations for the Three Months Ended March 31, 1998 (Unaudited) and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          14,821
<SECURITIES>                                         0
<RECEIVABLES>                                   80,912
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                95,733
<PP&E>                                       5,400,442
<DEPRECIATION>                               4,334,109
<TOTAL-ASSETS>                               1,162,066
<CURRENT-LIABILITIES>                              281
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   1,161,785
<TOTAL-LIABILITY-AND-EQUITY>                 1,162,066
<SALES>                                        278,986
<TOTAL-REVENUES>                               279,770
<CGS>                                          197,669
<TOTAL-COSTS>                                  197,669
<OTHER-EXPENSES>                                87,741
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (5,640)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (5,640)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,640)
<EPS-PRIMARY>                                    (.77)
<EPS-DILUTED>                                    (.77)
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1995
<PERIOD-END>                               SEP-30-1996
<CASH>                                            2974
<SECURITIES>                                         0
<RECEIVABLES>                                    10255
<ALLOWANCES>                                    (2132)
<INVENTORY>                                      12852
<CURRENT-ASSETS>                                   366
<PP&E>                                           35314
<DEPRECIATION>                                 (33819)
<TOTAL-ASSETS>                                   45526
<CURRENT-LIABILITIES>                            16353
<BONDS>                                            273
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                       3000
<COMMON>                                        168746
<OTHER-SE>                                      164786
<TOTAL-LIABILITY-AND-EQUITY>                     45526
<SALES>                                          90290
<TOTAL-REVENUES>                                 90290
<CGS>                                            77382
<TOTAL-COSTS>                                    77382
<OTHER-EXPENSES>                                 33364
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                3736
<INCOME-PRETAX>                                    160
<INCOME-TAX>                                       815
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (975)
<EPS-PRIMARY>                                   (0.05)
<EPS-DILUTED>                                   (0.05)
        

</TABLE>