alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 19-30296

Summary Calendar 

KEVIN STERLING, 

 Plaintiff - Appellant

v.

BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT; RYAN 

ZINKE, SECRETARY, U.S. DEPARTMENT OF THE INTERIOR, 

 Defendants - Appellees

Appeal from the United States District Court 

for the Eastern District of Louisiana

USDC No. 2:17-CV-742

Before WIENER, HAYNES, AND COSTA, Circuit Judges.

PER CURIAM:*

Plaintiff-Appellant Kevin Sterling, an African-American employee of the 

Bureau of Safety and Environmental Enforcement (“BSEE”) within the United 

States Department of the Interior (“DOI”), alleged that (1) he was denied a 

timely reclassification to a higher-paying position because of his race and (2) 

he suffered retaliation in the form of an increased workload, a further delay in 

 

* Pursuant to 5TH CIR. 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 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

November 19, 2019

Lyle W. Cayce

Clerk

 Case: 19-30296 Document: 00515204375 Page: 1 Date Filed: 11/19/2019
No. 19-30296

2

his reclassification, and a failure to receive back-pay because he filed an EEO 

complaint. Defendants-Appellees, the BSEE, the DOI, and Ryan Zinke, 

Secretary of the DOI, filed a Motion to Dismiss and/or Alternatively for 

Summary Judgment, seeking dismissal of Sterling’s claims. The district court 

issued a thirty-nine page opinion, thoroughly considering the factual 

allegations and the law applicable to each of Sterling’s claims, and concluded

that Sterling had failed to establish a prima facie case of either employment 

discrimination or retaliation and dismissed his claims with prejudice.1 Sterling 

timely filed a notice of appeal.

We have conducted a de novo review of the record on appeal, including 

the briefs of the parties and the exhaustive order and reasons of the district 

court, and, like the district court before us, we are convinced that Sterling 

failed to establish a prima facie case of either employment discrimination or

retaliation. The district court’s decision to grant the Defendants-Appellee’s 

Motion to Dismiss and/or Alternatively for Summary Judgment was correct in 

light of the alleged facts and applicable law. The judgment of the district court 

is AFFIRMED. 

 

1 The district court also dismissed Sterling’s state law employment discrimination 

claim and his claims against improper Defendants. Sterling does not appeal those aspects of 

the district court’s decision. 

 Case: 19-30296 Document: 00515204375 Page: 2 Date Filed: 11/19/2019
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13**  **- 7057** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. KYHEIM DELANGO TUCKER, a/k/a Paso , Defendant

- Appellant
.

Appeal from the United States District Court for the Eastern District of Virginia , at Newport News
. Rebecca Beach Smith , Chief District Judge. ( 4:09

- cr - 00081

- RBS

- FBS

- 11 ; 4:13

- cv - 00033

- RBS )

Submitted : August 29, 2013 Decided: September 4, 2013

Before DUNCAN, AGEE, and KEENAN, Circuit Judges.

Remanded by un published per curiam opinion
. Kyheim Delango Tucker , Appellant Pro Se. Eric Matthew Hurt , Lisa Rae McKeel , Brian James Samuels , Howard Jacob Zlotnick , Assistant United States Attorne ys, Newport News , Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Kyheim Delango Tucker , a federal prisoner, seeks to appeal the district court’s order dismissing as untimely his 28 U.S.C.A. § 2255 (West Supp. 2013) motion
. In a civil case in which the United States or its officer or agency is a party, the notice of appeal must be filed no more than sixty days after the entry of the district court’s final judgment or order, Fed. R. App. P. 4(a )(1)(B), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. App. P. 4(a)(6)
. The district court’s order was entered on the docket on April 19, 2013. The notice of appeal was file d on June 22, 2013, * after the expiration of the sixty

- day appeal period but within the thirty

- day excusable neglect period. In the notice of appeal, Tu cker acknowledges that his appeal is untimely but requests that the notice be “grant[ed]” because he wa s experiencing money “problems” and awaiting a determination by prison authorities as to whether he qualified as indigent and eligible to receive postage to mail the notice to the court.

* For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c); Houston v. Lack , 487 U.S. 266 , 276 (1988).3 We liberally construe Tucker’s statements as requesting an extensio n of the appeal period under Fed. R. App. P. 4(a)(5). Washington v. Bumgarner , 882 F.2d 899 , 900

– 01 (4th Cir. 1989) ; Myers v. Stephenson , 748 F.2d 202 , 204 (4th Cir. 1984)
. Because the district court has not ruled on the request for extension, we remand the case to the district court for the limited purpose of determining whether Tucker has demonstrated excusable neglect or good cause warranting an extension of the sixty

- day appeal period. The record, as supplement ed, will then be returned to this court for further consideration.

REMANDED
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7222

NERION HAZELTON, Petitioner - Appellant, versus STATE OF SOUTH CAROLINA; CHARLES M. CONDON, Attorney General of the State of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. Dennis W. Shedd, District Judge. (CA-00-3930-19AJ) Submitted: November 30, 2001 Decided: December 18, 2001 Before MICHAEL, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Nerion Hazelton, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* We note that the district court applied this court’s decisions in Green v. French, 143 F.3d 865, 870 (4th Cir. 1998), and Fitzgerald v. Greene , 150 F.3d 357, 362 (4th Cir. 1998). We have analyzed the petition in light of the standards set forth by the Supreme Court in Williams v. Taylor , 529 U.S. 362, 412-13 (2000). Applying Williams , we reach the same conclusion as did the district court: Hazelton is not entitled to habeas relief on any of his claims. 2 PER CURIAM: Nerion Hazelton appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. * Accordingly, we deny a certificate of appealability and dismiss the appeal substantially on the reasoning of the district court. Hazelton v. South Carolina , No. CA-00-3930-19AJ (D.S.C. June 18, 2001). 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
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This Schedule  contains summary financial  information  extracted from form
     10-QSB  for the  quarter  ended  March  31,  1998 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>                                         1,137,829
<SECURITIES>                                   0
<RECEIVABLES>                                  58,165
<ALLOWANCES>                                   0
<INVENTORY>                                    377,921
<CURRENT-ASSETS>                               1,874,148
<PP&E>                                         6,798,343
<DEPRECIATION>                                 1,648,246
<TOTAL-ASSETS>                                 13,416,279
<CURRENT-LIABILITIES>                          3,392,411 <F1>
<BONDS>                                        2,652,109
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    1,741,983
<COMMON>                                       105,778
<OTHER-SE>                                     34,250,001
<TOTAL-LIABILITY-AND-EQUITY>                   13,416,279
<SALES>                                        86,401
<TOTAL-REVENUES>                               99,317
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               1,293,427
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             403,611 <F2>
<INCOME-PRETAX>                                (1,497,988)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (1,497,988)
<EPS-PRIMARY>                                  (0.16)
<EPS-DILUTED>                                  0
<FN>
(1)  Current    liabilities    include    current    maturities   of   long-term
     debt-stockholders  of which $1,495,000 due January 2, 1999, as amended,  is
     due to officers or directors

(2)  Interest  Expense  includes  $308,132 of  Amortization of Debt Discount and
     Expenses, a non-cash item
</FN>
        

</TABLE>
944 A.2d 752

#### In re Nomination Petition of Lawrence M. FARNESE, Jr. for the Democratic Nomination for Senator in the General Assembly for the 1st Senatorial District in the Primary of April 22, 2008, Appeal of Keith Olkowski and Theresa A. Paylor.

Supreme Court of Pennsylvania.

April 8, 2008.

Samuel C. Stretton, Law Offices of Samuel C. Stretton, Westchester, for Keith Olkowski, appellant.

David J. Montgomery, Clifford B. Levine, Thorpe Reed & Armstrong, L.L.P., Pittsburgh, for Lawrence M. Farnese, Jr., appellee.

Louis Lawrence Boyle, PA Dept, of State - Office of Gen. Counsel, for PA Dept, of State, participant.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.

*ORDER*

PER CURIAM.

AND NOW, this 8th day of April, 2008, the order of the Commonwealth Court is hereby affirmed in part. The portion *465of the order denying the Petition to Set Aside the Nomination Petition of Lawrence M. Farnese, Jr., is affirmed. This order is entered without prejudice to the Appellants to seek review of any future order of the Commonwealth Court which may impose a final order of costs. *See In re Nomination Paper of Nader,*588 Pa. 450, 461-62, 905 A.2d 450, 457 (2006). We further direct that the Commonwealth Court’s final order assessing costs, if any, shall reference such costs by category and amount assessed and shall include a statement of rationale for the imposition of such costs.
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 Superconductive Components,
Inc. (the "Company") on Form 10-QSB for the period ending March 31, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Gerald S. Blaskie, Chief Financial Officer of the Company,
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
Company.



                                                /s/ Gerald S. Blaskie
                                                --------------------------------
                                                Gerald S. Blaskie
                                                Chief Financial Officer of
                                                Superconductive Components, Inc.
                                                May 14, 2004
[Federal Register Volume 66, Number 38 (Monday, February 26, 2001)]
[Notices]
[Page 11596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4632]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of the Secretary


Invitation for Proposals

AGENCY: Department of the Interior, Office of the Secretary.

ACTION: Invitation for proposals.

-----------------------------------------------------------------------

SUMMARY: The Exxon Valdez Oil Spill Trustee Council is asking the 
public, private organizations, and government agencies to submit 
proposals for restoration of resources and services injured by the 
Exxon Valdez oil spill. The Invitation to Submit Restoration Proposals 
for Federal Fiscal Year 2002, a booklet explaining the process, is 
available from the Trustee Council office.

DATES: Proposals are due April 13, 2001.

ADDRESSES: Exxon Valdez Oil Spill Trustee Council, 645 ``G'' Street, 
Suite 401, Anchorage, Alaska 99501.

FOR FURTHER INFORMATION CONTACT: The Restoration Office, (907) 278-8012 
or toll free at (800) 478-7745 (in Alaska) or (800) 283-7745 (outside 
Alaska) or via e-mail at <a href="/cdn-cgi/l/email-protection#bfcddacccbd0cddecbd6d0d1ffd0d6d3cccfd6d3d391cccbdecbda91ded491cacc"><span class="__cf_email__" data-cfemail="6f1d0a1c1b001d0e1b0600012f0006031c1f060303411c1b0e1b0a410e04411a1c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Following the Exxon Valdez oil spill in 
March 1989, a Trustee Council of three state and three federal 
trustees, including the Secretary of the Interior, was formed. The 
Trustee Council prepared a restoration plan for the injured resources 
and services within the oil spill area. The restoration plan calls for 
annual work plans identifying projects to accomplish restoration. Each 
year proposals for restoration projects are solicited from a variety of 
organizations, including the public.

    Dated: February 20, 2001.
Willie R. Taylor,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 01-4632 Filed 2-23-01; 8:45 am]
BILLING CODE 4310-R6-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19
- 6475

ROBERT ANDREW BARTLETT, SR. , Plaintiff

- Appellant ,

v. PAULA SMITH; BRAD PERRITT; LARRY THOMPSON; JAMESE SMITH; DIEDRE HARRELSON; PATSY CHAVIS; NURSE PALMER , Defendants

- Appellees

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh

. Louise W. Flanagan , District Judge. ( 5:18

- ct

- 03124

- FL )

Submitted : August 20, 2019 Decided: August 23, 2019

Before FLOYD and RUSHING , Circuit Judges , and SHEDD, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

.
Robert Andrew Bartlett, Sr. , Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Robert Andrew Bartlett, Sr. , seeks to appeal the district court’s order dismissing some, but not all, of his claims in his civil action . This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and cert ain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541, 545

- 46 (1949). The order Bartlett seeks to appeal is neither a final order nor an appealable interlocutory or col lateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. 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 proce ss. DISMISSED
I

103D CONGRESS

1ST SESSION H. R. 2299

To suspend until January 1, 1995, the duty on Pigment Blue 60.

IN THE HOUSE OF REPRESENTATIVES

MAY 27, 1993

Mr. CASTLE introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To suspend until January 1, 1995, the duty on Pigment

Blue 60.

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

3 SECTION 1. PIGMENT BLUE 60.

4 Subchapter II of chapter 99 of the Harmonized Tar5 iff Schedule of the United States is amended by inserting

6 in numerical sequence the following new heading:

‘‘ 9902.32.05 Pigment Blue 60

(provided for in

subheading

3204.17.50) ...... Free No change No change On or before

12/31/94 ’’.

7 SEC. 2. APPLICABILITY.

8 The amendment made by section 1 applies with re9 spect to articles entered, or withdrawn from warehouse for
2

•HR 2299 IH

1 consumption, on or after the 15th day after the date of

2 the enactment of this Act.

Æ
[Federal Register Volume 66, Number 37 (Friday, February 23, 2001)]
[Notices]
[Page 11294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4639]


=======================================================================
-----------------------------------------------------------------------

FEDERAL DEPOSIT INSURANCE CORPORATION


Sunshine Act Meeting

    Pursuant to the provisions of the ``Government in the Sunshine 
Act'' (5 U.S.C. 552b), notice is hereby given that at 10 a.m. on 
Tuesday, February 20, 2001, the Board of Directors of the Federal 
Deposit Insurance Corporation met in closed session to consider matters 
relating to the Corporation's supervisory and resolution activities.
    In calling the meeting, the Board determined, on motion of Director 
Ellen S. Seidman (Director, Office of Thrift Supervision), seconded by 
Director John M. Reich, concurred in by Director John D. Hawke, Jr. 
(Comptroller of the Currency), and Chairman Donna Tanoue, that 
Corporation business required its consideration of the matters on less 
than seven days' notice to the public; that no notice earlier than 
February 14, 2001, of the meeting was practicable; that the public 
interest did not require consideration of the matters in a meeting open 
to public observation; and that the matters could be considered in a 
closed meeting by authority of subsections (c)(4), (c)(6), (c)(8), 
(c)(9)(A)(ii), and (c)(9)(B) of the ``Government in the Sunshine Act'' 
(5 U.S.C 552b(c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), and (c)(9)(B)).
    The meeting was held in the Board Room of the FDIC Building located 
at 550--17th Street, NW., Washington, DC.

    Dated: February 20, 2001.

    Federal Deposit Insurance Corporation.
James D. LaPierre,
Deputy Executive Secretary.
[FR Doc. 01-4639 Filed 2-21-01; 12:46 pm]
BILLING CODE 6714-01-M
IIA

103D CONGRESS

1ST SESSION H. R. 2440

IN THE SENATE OF THE UNITED STATES

NOVEMBER 9 (legislative day, NOVEMBER 2), 1993

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

AN ACT

To amend the Independent Safety Board Act of 1974 to

authorize appropriations for fiscal years 1994, 1995, and

1996, and for other purposes.

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 ‘‘Independent Safety

5 Board Act Amendments of 1993’’.
2

•HR 2440 RFS

1 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

2 Section 309(a) of the Independent Safety Board Act

3 of 1974 (49 U.S.C. App. 1907(a)) is amended by adding

4 at the end the following new sentence: ‘‘There are author5 ized to be appropriated for the purposes of this Act not

6 to exceed $37,580,000 for the fiscal year ending Septem7 ber 30, 1994, $44,000,000 for the fiscal year ending Sep8 tember 30, 1995, and $45,100,000 for the fiscal year end9 ing September 30, 1996; such sums to remain available

10 until expended.’’.

Passed the House of Representatives November 8,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.
[Federal Register Volume 66, Number 39 (Tuesday, February 27, 2001)]
[Rules and Regulations]
[Pages 12437-12438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4725]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 99-87, FCC 00-403]


Revised Competitive Bidding Authority

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

-----------------------------------------------------------------------

SUMMARY: This document is to show rules amended by the Commission in 
order to changes to its statutory auction authority, shall become 
effective March 2, 2001. These sections, which contained new 
information collection requirements, were published in the Federal 
Register on January 2, 2001. This is to let the public know the 
effective date of the rules that contain new information collection 
requirements.

EFFECTIVE DATE: The amendments to 47 CFR Part 90, 47 CFR 90.621(e)(2) 
published at 66 FR 33 (January 2, 2001) are effective March 2, 2001.

FOR FURTHER INFORMATION CONTACT: Jim Shaffer, Public Safety and Private 
Wireless Division, Wireless Telecommunications Bureau, (202) 418-0680.

SUPPLEMENTARY INFORMATION: On November 9, 2000, the Commission adopted 
a Report and Order (FCC 00-403) to implement sections 309(j) and 337 of 
the Communications Act of 1934, as amended, as amended by the Balanced 
Budget Act of 1997 a summary of which was published in the Federal 
Register. See 66 FR 33, January 2, 2001. We stated that the Part 90 of 
the Commission's Rules, 47 CFR Part 90, is amended effective March 2, 
1001, Sec. 90.621(e)(2) which contains information collections that are 
not effective until approved by the Office of Management and Budget. We 
also stated that the Commission will publish a document in the Federal 
Register announcing the effective date for those sections. This 
statement requires further action by the Commission to establish the 
effective date, notwithstanding the preceding statement in the summary 
that the rule change would become effective upon OMB approval. In order 
to resolve this matter in a manner that most appropriately provides 
interested

[[Page 12438]]

parties with proper notice, the rule changes adopted in the Order shall 
become effective March 2, 1001. The information collection were 
approved by OMB on January 29, 2001. See OMB No. 3060-0970.

List of Subjects in 47 CFR Part 90

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.

Magalie Roman Salas,
Secretary.
[FR Doc. 01-4725 Filed 2-26-01; 8:45 am]
BILLING CODE 6712-01-M