alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

REGINALD C. HOWARD,

 Plaintiff - Appellant,

 v.

GOBEL; GARY HILL,

 Defendants - Appellees.

No. 09-16620

D.C. No. 3:03-cv-00493-HDMRAM

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Howard D. McKibben, District Judge, Presiding

Submitted January 10, 2011** 

Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.

Reginald C. Howard, a Nevada state prisoner, appeals pro se from the

district court’s order denying his motion under Federal Rule of Civil Procedure

60(b) for relief from the order dismissing the action. We have jurisdiction under

FILED

JAN 24 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-16620

28 U.S.C. § 1291. We review for an abuse of discretion, Latshaw v. Trainer

Wortham & Co., 452 F.3d 1097, 1100 (9th Cir. 2006), and we affirm.

The district court did not abuse its discretion by denying Howard’s Rule

60(b) motion because Howard failed to prove by clear and convincing evidence

that defendants engaged in fraud or other misconduct in connection with the

settlement agreement, or to establish extraordinary circumstances or any other

ground warranting relief from the order of dismissal. See Fed. R. Civ. P. 60(b);

Casey v. Albertson’s Inc., 362 F.3d 1254, 1260 (9th Cir. 2004) (Rule 60(b)(3)

requirements); Latshaw, 452 F.3d at 1103 (Rule 60(b)(6) requirements).

AFFIRMED.
# C_2006178EN.01002906.xml

| 29.7.2006 | EN | Official Journal of the European Union | C 178/29 |
| --- | --- | --- | --- |

29.7.2006

EN

Official Journal of the European Union

C 178/29

---

Order of the President of the Court of 15 May 2006 — Commission of the European Communities v Hellenic Republic

(Case C-410/05) (1)

1

(2006/C 178/53)

Language of the case: Greek

Language of the case: Greek

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 36, 11.2.2006.

1

---
§ 256.22 How are construction contractors or companies selected and paid? The servicing housing office must follow Federal procurement or other Bureau-approved tribal procurement policy. Generally, your servicing housing office develops a “bid specification” or statement of work, which identifies the work to be performed. The appropriate contracting office uses the “bid specification” to provide information and invite bids on the project to interested parties. The contracting office selects the winning bidder after technical review of the bids by and written recommendation from the servicing housing office, and after determination that the bidder is qualified and capable of completing the project as advertised. ( a ) Partial payments to independent contractors will not exceed 80 percent of the value of the completed and acceptable work.
( b ) Recommendation for final payment will be made after final inspection and after all provisions of the contract have been met and all work has been completed.
ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeals of

- )

)

AECOM Management Services, Inc. ) ASBCA Nos. 62162, 62171, 62172

)

Under Contract No. W74V8H

- 04

- D

- 0023 )

APPEARANCES FOR THE APPELLANT : Terry L. Elling , Esq.

Gregory R. Hallmark

, Esq.

Holland & Knight LLP

Tysons Corner , VA

APPEARANCES FOR THE GOVERNMENT: Arthur M. Taylor, Esq.

DCMA Chief Trial Attorney

Robert L. Duecaster, Esq.

Trial Attorney

Defense Contract Management Agency

Chantilly, VA

ORDER OF DISMISSAL

The dispute has been settled. The appeals are dismissed with prejudice.

Dated: June 2 9 , 2020

I certify that the foregoing is a true copy of the Order of Dismissal of the Armed

Services Board of Contract Appeals in ASBCA Nos. 62162, 62171, 62172

, A ppeals of

AECOM Management Services, Inc. , rendered in conformance with the Board’s Charter.

Dated: June 30, 2020 JOHN J. THRASHER

Administrative Judge

Chairman

Armed Services Board

of Contract Appeals

PAULLA K. GATES

- LEWIS

Recorder, Armed Services

Board of Contract Appeals
###### Editorial Note on Part 224

#### Editorial Note:

Nomenclature changes to part 224 appear at 84 FR 69611, Dec. 18, 2019.

#### § 224.175 How will rescission affect valid existing rights or lawful actions taken before the rescission?

Rescission does not affect valid existing rights that vested before the effective date of the rescission or lawful actions the Tribe and the Secretary took before the effective date of the rescission.
<TABLE> <S> <C>

<PAGE>

<ARTICLE>  5

<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET AS OF MARCH 31, 1999 AND CONDENSED
CONSOLIDATED STATEMENT OF OPERATIONS FOR THE THREE MONTHS ENDED MARCH 31, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<MULTIPLIER>  1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               DEC-31-1999
<PERIOD-START>                  JAN-01-1999
<PERIOD-END>                    MAR-31-1999
<CASH>                              631,375
<SECURITIES>                              0
<RECEIVABLES>                       101,625
<ALLOWANCES>                        (6,097)
<INVENTORY>                               0
<CURRENT-ASSETS>                    778,591
<PP&E>                               46,191
<DEPRECIATION>                        (791)
<TOTAL-ASSETS>                    2,701,919
<CURRENT-LIABILITIES>               266,116
<BONDS>                           1,061,221
<PREFERRED-MANDATORY>               500,419
<PREFERRED>                               0
<COMMON>                                 12
<OTHER-SE>                          791,647
<TOTAL-LIABILITY-AND-EQUITY>      2,701,919
<SALES>                             173,056
<TOTAL-REVENUES>                    178,183
<CGS>                                69,387
<TOTAL-COSTS>                        69,387
<OTHER-EXPENSES>                     43,050
<LOSS-PROVISION>                      1,864
<INTEREST-EXPENSE>                   23,779
<INCOME-PRETAX>                      51,726
<INCOME-TAX>                         16,142
<INCOME-CONTINUING>                  35,584
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                          (14,710)
<NET-INCOME>                         20,874
<EPS-BASIC>                             0
<EPS-DILUTED>                             0


</TABLE>
#### § 181.7 Appeals.

You may appeal actions taken by BIA officials under this part by following the procedures in 25 CFR part 2.
## Figure C
- 1. Distribution of Runoff Parameter (Q) 0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1 1.1 1.2 1.3 0 2 4 6 8 10

P e r c e n t

Q Quantile Estimate
100% Max 1.315432 99% 0.980000 95% 0.782265 90% 0.726541 75% Q3 0.611686 50% Median 0.460000 25% Q1 0.270000 10% 0.030000 5% 0.020000 1% 0.010000 0% Min 0.000000

## Figure C
- 2. Distribution of Base Cation Weathering Parameter (BC0) -185000 -155000 -125000 -95000 -65000 -35000 -5000 25000 55000 0 20 40 60 80 100

P e r c e n t

BC0 Quantile Estimate
100% Max 74548.78 99% 15819.63 95% 8736.75 90% 5780.90 75% Q3 2435.25 50% Median 448.57 25% Q1 178.18 10% 100.54 5% 74.09 1% 35.24 0% Min
- 185320.40

## Figure C
- 3. Distribution of Nitrogen Uptake and Retention Parameter (Neco) -437.5 -362.5 -287.5 -212.5 -137.5 -62.5 12.5 87.5 162.5 0 5 10 15 20 25 30 35 40

P e r c e n t

Neco Quantile Estimate
100% Max 188.2023 99% 111.7062 95% 95.8413 90% 88.5581 75% Q3 74.0284 50% Median 56.7638 25% Q1 36.8423 10% 21.9760 5% 15.9110 1%
- 33.0773 0% Min
- 430.4552

## Figure C
- 4. Distribution of Reduced Nitrogen Deposition Parameter ( L(NHx) in meq 3 15 27 39 51 63 75 87 99 111 123 135 147 159 0 5 10 15 20 25

P e r c e n t

Red_N_Dep_meq Quantile Estimate
100% Max 157.34451 99% 66.81618 95% 45.35029 90% 37.36335 75% Q3 26.84122 50% Median 19.78527 25% Q1 14.19565 10% 9.33343 5% 7.29193 1% 4.05256 0% Min 2.08835

## Figure C
- 5. Distribution of NOx Deposition Transference Ratio (T NOx 

## ) 0.18 0.42 0.66 0.9 1.14 1.38 1.62 1.86 2.1 2.34 2.58 2.82 3.06 3.3 0 5 10 15 20 25

P e r c e n t

N_ConcDepRat Quantile Estimate
100% Max 3.405758 99% 1.329238 95% 0.908568 90% 0.783175 75% Q3 0.626360 50% Median 0.474990 25% Q1 0.353420 10% 0.278138 5% 0.244340 1% 0.205000 0% Min 0.169753

## Figure C
- 6. Distribution of SOx Deposition Transference Ratio (T SOx 

## ) 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1 1.1 1.2 1.3 0 5 10 15 20 25

P e r c e n t

S_ConcDepRat Quantile Estimate
100% Max 1.318595 99% 0.615185 95% 0.461093 90% 0.421233 75% Q3 0.372040 50% Median 0.307180 25% Q1 0.249558 10% 0.207453 5% 0.185618 1% 0.158863 0% Min 0.101073

## Figure C
- 7. Distribution of Modeled NO y Ambient Concentrations (NO y expressed as μg/m 3 

## of N) 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 0 5 10 15 20 25 30 35 40 45

P e r c e n t

NOx_N_conc Quantile Estimate
100% Max 46.692663 99% 10.402823 95% 6.616993 90% 5.291425 75% Q3 3.626005 50% Median 2.432570 25% Q1 1.528253 10% 1.010218 5% 0.713395 1% 0.405483 0% Min 0.328855

## Figure C
- 8. Distribution of Modeled SOx Ambient Concentrations (SOx expressed as μg/m 3 

## of S) 0.5 2.5 4.5 6.5 8.5 10.5 12.5 14.5 16.5 18.5 20.5 22.5 0 5 10 15 20 25

P e r c e n t

SOx_S_conc Quantile Estimate
100% Max 23.434408 99% 9.425963 95% 6.829085 90% 5.650863 75% Q3 4.226045 50% Median 2.363878 25% Q1 1.175848 10% 0.574573 5% 0.368708 1% 0.255250 0% Min 0.189053
#### § 273.154 What will happen if the existing contracting party fails to submit an annual report?

Any existing contracting party that fails to submit the annual report will receive no amounts under this Act for the fiscal year following the academic year for which the annual report should have been submitted.
# C_2006224EN.01003203.xml

| 16.9.2006 | EN | Official Journal of the European Union | C 224/32 |
| --- | --- | --- | --- |

16.9.2006

EN

Official Journal of the European Union

C 224/32

---

Order of the President of the Court of 29 June 2006 — Commission of the European Communities v Republic of Austria

(Case C-209/05) (1)

1

(2006/C 224/63)

Language of the case: German

Language of the case: German

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 171, 9.7.2005.

1

---
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2023-0432

_____________________________

KELDRIC MONTE BRADLEY,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Alachua County.

James M. Colaw, Judge.

March 4, 2024

PER CURIAM.

AFFIRMED.

B.L. THOMAS, ROBERTS, and ROWE, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Jessica J. Yeary, Public Defender, and Joel Arnold, Assistant 

Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.
Exhibit 32.1

Statement of Chief Executive Officer under 18 U.S.C. § 1350

I, Mark J. Ferrer, the chief executive officer of
Critical Path, Inc. (the Company), certify for the purposes of section 1350 of chapter 63 of title 18 of the United States Code that, to the best of my knowledge,



| | (i) | the Quarterly Report of the Company on Form 10-Q for the period ending June 30, 2006 (the Report), fully complies with the requirements of section 13(a) of the
Securities Exchange Act of 1934, and
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                  
|------------------
|/s/ Mark J. Ferrer
|Mark J. Ferrer    

August 14, 2006

A signed original of this written statement required by 18 U.S.C. § 1350 has been provided to Critical Path, Inc. and will be retained by Critical Path, Inc. and
furnished to the Securities Exchange Commission or its staff upon request.
H. Res. 258

In the House of Representatives, U.S.,

July 22, 1999.

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule

XVIII, declare the House resolved into the Committee of the

Whole House on the state of the Union for consideration of

the bill (H.R. 1074) to provide Government-wide accounting

of regulatory costs and benefits, and for other purposes. The

first reading of the bill shall be dispensed with. General debate shall be confined to the bill and shall not exceed one

hour equally divided and controlled by the chairman and

ranking minority member of the Committee on Government

Reform. After general debate the bill shall be considered for

amendment under the five-minute rule. It shall be in order

to consider as an original bill for the purpose of amendment

under the five-minute rule the amendment in the nature of

a substitute recommended by the Committee on Government

Reform now printed in the bill. The committee amendment

in the nature of a substitute shall be considered as read. No

amendment to the committee amendment in the nature of a
2

•HRES 258 EH

substitute shall be in order except those printed in the portion of the Congressional Record designated for that purpose

in clause 8 of rule XVIII and except pro forma amendments

for the purpose of debate. Each amendment so printed may

be offered only by the Member who caused it to be printed

or his designee and shall be considered as read. The Chairman of the Committee of the Whole may: (1) postpone until

a time during further consideration in the Committee of the

Whole a request for a recorded vote on any amendment; and

(2) reduce to five minutes the minimum time for electronic

voting on any postponed question that follows another electronic vote without intervening business, provided that the

minimum time for electronic voting on the first in any series

of questions shall be 15 minutes. At the conclusion of consideration of the bill for amendment the Committee shall rise

and report the bill to the House with such amendments as

may have been adopted. Any Member may demand a separate

vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question

shall be considered as ordered on the bill and amendments
3

•HRES 258 EH

thereto to final passage without intervening motion except

one motion to recommit with or without instructions.

Attest:

Clerk.
IV

House Calendar No. 90

106TH CONGRESS

1ST SESSION H. RES. 256

[Report No. 106–246]

Providing for consideration of the bill (H.R. 2488) to amend the Internal

Revenue Code of 1986 to reduce individual income tax rates, to provide

marriage penalty relief, to reduce taxes on savings and investments,

to provide estate and gift tax relief, to provide incentives for education

savings and health care, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 21 (legislative day, JULY 20), 1999

Ms. PRYCE of Ohio, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be

printed

RESOLUTION

Providing for consideration of the bill (H.R. 2488) to amend

the Internal Revenue Code of 1986 to reduce individual

income tax rates, to provide marriage penalty relief, to

reduce taxes on savings and investments, to provide estate and gift tax relief, to provide incentives for education savings and health care, and for other purposes.

1 Resolved, That upon the adoption of this resolution

2 it shall be in order without intervention of any point of

3 order to consider in the House the bill (H.R. 2488) to
2

HRES 256 RH

1 amend the Internal Revenue Code of 1986 to reduce indi2 vidual income tax rates, to provide marriage penalty relief,

3 to reduce taxes on savings and investments, to provide es4 tate and gift tax relief, to provide incentives for education

5 savings and health care, and for other purposes. The bill

6 shall be considered as read for amendment. The amend7 ment recommended by the Committee on Ways and Means

8 now printed in the bill, modified by the amendments print9 ed in part A of the report of the Committee on Rules ac10 companying this resolution, shall be considered as adopt11 ed. The previous question shall be considered as ordered

12 on the bill, as amended, and on any further amendment

13 thereto to final passage without intervening motion except:

14 (1) two hours of debate on the bill, as amended, equally

15 divided and controlled by the chairman and ranking mi16 nority member of the Committee on Ways and Means; (2)

17 a further amendment in the nature of a substitute printed

18 in part B of the report of the Committee on Rules, if of19 fered by Representative Rangel of New York or his des20 ignee, which shall be in order without intervention of any

21 point of order, shall be considered as read, and shall be

22 separately debatable for one hour equally divided and con23 trolled by the proponent and an opponent; and (3) one

24 motion to recommit with or without instructions.

House Calendar No. 90

106TH CONGRESS

1ST SESSION H. RES. 256

[Report No. 106–246]

RESOLUTION

Providing for consideration of the bill (H.R. 2488)

ings and health care, and for other purposes.tax relief, to provide incentives for education savings and investments, to provide estate and giftmarriage penalty relief, to reduce taxes on savreduce individual income tax rates, to provideto amend the Internal Revenue Code of 1986 to

JULY 21 (legislative day, JULY 20), 1999

Referred to the House Calendar and ordered to be

printed
### §8032. Office of the Chief of Naval Operations: general duties

(a) The Office of the Chief of Naval Operations shall furnish professional assistance to the Secretary, the Under Secretary, and the Assistant Secretaries of the Navy and to the Chief of Naval Operations.

(b) Under the authority, direction, and control of the Secretary of the Navy, the Office of the Chief of Naval Operations shall—

(1) subject to subsections (c) and (d) of section 8014 of this title, prepare for such employment of the Navy, and for such recruiting, organizing, supplying, equipping (including those aspects of research and development assigned by the Secretary of the Navy), training, servicing, mobilizing, demobilizing, administering, and maintaining of the Navy, as will assist in the execution of any power, duty, or function of the Secretary or the Chief of Naval Operations;

(2) investigate and report upon the efficiency of the Navy and its preparation to support military operations by combatant commands;

(3) prepare detailed instructions for the execution of approved plans and supervise the execution of those plans and instructions;

(4) as directed by the Secretary or the Chief of Naval Operations, coordinate the action of organizations of the Navy; and

(5) perform such other duties, not otherwise assigned by law, as may be prescribed by the Secretary.

(Added Pub. L. 99–433, title V, §512(b), Oct. 1, 1986, 100 Stat. 1049, §5032; renumbered §8032 and amended Pub. L. 115–232, div. A, title VIII, §§807(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 8032 was renumbered section 9032 of this title.

#### Amendments

2018—Pub. L. 115–232, §807(a)(1), renumbered section 5032 of this title as this section.

Subsec. (b)(1). Pub. L. 115–232, §809(a), substituted "subsections (c) and (d) of section 8014" for "subsections (c) and (d) of section 5014".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 483 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                           May 4, 2000.
    Resolved, That at any time after the adoption of this resolution the Speaker 
may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 673) to authorize the Administrator of the Environmental Protection 
Agency to make grants to the Florida Keys Aqueduct Authority and other 
appropriate agencies for the purpose of improving water quality throughout the 
marine ecosystem of the Florida Keys. The first reading of the bill shall be 
dispensed with. Points of order against consideration of the bill for failure to 
comply with clause 4(a) of rule XIII are waived. General debate shall be 
confined to the bill and shall not exceed one hour equally divided and 
controlled by the chairman and ranking minority member of the Committee on 
Transportation and Infrastructure. After general debate the bill shall be 
considered for amendment under the five-minute rule. It shall be in order to 
consider as an original bill for the purpose of amendment under the five-minute 
rule the amendment in the nature of a substitute recommended by the Committee on 
Transportation and Infrastructure now printed in the bill. The committee 
amendment in the nature of a substitute shall be considered as read. During 
consideration of the bill for amendment, the Chairman of the Committee of the 
Whole may accord priority in recognition on the basis of whether the Member 
offering an amendment has caused it to be printed in the portion of the 
Congressional Record designated for that purpose in clause 8 of rule XVIII. 
Amendments so printed shall be considered as read. The Chairman of the Committee 
of the Whole may: (1) postpone until a time during further consideration in the 
Committee of the Whole a request for a recorded vote on any amendment; and (2) 
reduce to five minutes the minimum time for electronic voting on any postponed 
question that follows another electronic vote without intervening business, 
provided that the minimum time for electronic voting on the first in any series 
of questions shall be 15 minutes. At the conclusion of consideration of the bill 
for amendment the Committee shall rise and report the bill to the House with 
such amendments as may have been adopted. Any Member may demand a separate vote 
in the House on any amendment adopted in the Committee of the Whole to the bill 
or to the committee amendment in the nature of a substitute. The previous 
question shall be considered as ordered on the bill and amendments thereto to 
final passage without intervening motion except one motion to recommit with or 
without instructions.
            Attest:

                                                                          Clerk.
```
#### § 226.44 Appeals.

Any person, firm or corporation aggrieved by any decision or order issued by or under the authority of the Superintendent, by virtue of the regulations in this part, may appeal pursuant to 25 CFR part 2.