alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6549

EUGENE R. DANIELS, Plaintiff - Appellant, versus H. MOORE, Lieutenant; M. BROWN, Correctional Officer; A. SMITH, Correctional Officer; SCOTT JOHNSON, Grievance Clerk, Defendants -Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. Margaret B. Seymour, District Judge. (CA-01-583-9-24) Submitted: May 21, 2003 Decided: June 26, 2003 Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. Eugene R. Daniels, Appellant Pro Se. Robert Thomas King, Jay Hupfer, WILLCOX, BUYCK & WILLIAMS, P.A., Florence, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Eugene R. Daniels appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2000) complaint without prejudice for failure to exhaust administrative remedies. The district court properly required exhaustion of administrative remedies under 42 U.S.C. § 1997e(a) (2000). Because Daniels did not demonstrate to the district court that he had exhausted administrative remedies, the court’s dismissal of the action, without prejudice, was not an abuse of discretion. Accordingly, we affirm the district court’s order. 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.

AFFIRMED
Order filed April 28, 2015 

In The

Fourteenth Court of Appeals

____________

NO. 14-14-00440-CR

____________

EX PARTE VIDAL ALEXANDER REYES, Appellant

On Appeal from the County Criminal Court at Law No. 10

Harris County, Texas

Trial Court Cause No. 1946698

ORDER

This court has determined that it must review the exhibits admitted at trial.

The court reporter for the County Criminal Court at Law No. 10 is directed 

to deliver to the clerk of this court the exhibits admitted at trial, on or before May

12, 2015.

PER CURIAM
### §525. Special agents of the Coast Guard Investigative Service law enforcement authority

(a)(1) A special agent of the Coast Guard Investigative Service designated under subsection (b) has the following authority:

(A) To carry firearms.

(B) To execute and serve any warrant or other process issued under the authority of the United States.

(C) To make arrests without warrant for—

(i) any offense against the United States committed in the agent's presence; or

(ii) any felony cognizable under the laws of the United States if the agent has probable cause to believe that the individual to be arrested has committed or is committing the felony.

(2) The authorities provided in paragraph (1) shall be exercised only in the enforcement of statutes for which the Coast Guard has law enforcement authority, or in exigent circumstances.

(b) The Commandant may designate to have the authority provided under subsection (a) any special agent of the Coast Guard Investigative Service whose duties include conducting, supervising, or coordinating investigation of criminal activity in programs and operations of the United States Coast Guard.

(c) The authority provided under subsection (a) shall be exercised in accordance with guidelines prescribed by the Commandant and approved by the Attorney General and any other applicable guidelines prescribed by the Secretary or the Attorney General.

(Added Pub. L. 100–448, §10(a), Sept. 28, 1988, 102 Stat. 1842, §95; amended Pub. L. 105–383, title II, §205(a), Nov. 13, 1998, 112 Stat. 3415; Pub. L. 107–296, title XVII, §1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–213, title II, §217(2), Dec. 20, 2012, 126 Stat. 1557; renumbered §525, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(6), Jan. 1, 2021, 134 Stat. 4748.)

#### **Editorial Notes**

#### Amendments

2021—Subsec. (a)(1)(C)(ii). Pub. L. 116–283 substituted "individual" for "person".

2018—Pub. L. 115–282 renumbered section 95 of this title as this section.

2012—Subsec. (c). Pub. L. 112–213 struck out "of Homeland Security" after "Secretary".

2002—Subsec. (c). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".

1998—Pub. L. 105–383 substituted "Special agents of the Coast Guard Investigative Service law enforcement authority" for "Civilian agents authorized to carry firearms" as section catchline and amended text generally. Prior to amendment, text read as follows: "Under regulations prescribed by the Secretary with the approval of the Attorney General, civilian special agents of the Coast Guard may carry firearms or other appropriate weapons while assigned to official investigative or law enforcement duties."

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

#### Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
II

106TH CONGRESS

1ST SESSION S. 1367

To amend the Act which established the Saint-Gaudens National Historic

Site, in the State of New Hampshire, by modifying the boundary and

for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 14, 1999

Mr. MURKOWSKI (by request) introduced the following bill; which was read

twice and referred to the Committee on Energy and Natural Resources

A BILL

To amend the Act which established the Saint-Gaudens National Historic Site, in the State of New Hampshire,

by modifying the boundary 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 That the Act of August 31, 1964 (78 Stat. 749), which

4 established Saint-Gaudens National Historic Site is

5 amended—

6 (1) in section 3 by striking ‘‘not to exceed sixty7 four acres of lands and interests therein’’ and insert8 ing ‘‘215 acres of lands and buildings, or interests

9 therein’’;
2

S 1367 IS

1 (2) in section 6 by striking ‘‘$2,677,000’’ from

2 the first sentence and inserting ‘‘$10,632,000’’; and

3 (3) in section 6 by striking ‘‘$80,000’’ from the

4 last sentence and inserting ‘‘$2,000,000’’.

Æ
polid stid cyid year sector adjacee

NH3 39 167 2007 MOVES 36.42648898 Sector Ammonia

NH3 39 167 2007 area 20.07510469 Point 527.75

NH3 39 167 2007 egu_point 2.233584158 Area 711.50

NH3 39 167 2007 marairrail 0.272404908 Non-road 0.63

NH3 39 167 2007 nh3 691.4237723 On-road 36.43

NH3 39 167 2007 nonegu_pt 525.5129291 Total 1276.30

NH3 39 167 2007 nonroad 0.35746574 1,276.30

ROG 39 167 2007 area 1267.639777

ROG 39 167 2007 egu_point 117.715404

ROG 39 167 2007 marairrail 11.64997718

ROG 39 167 2007 nonegu_pt 505.4781009

ROG 39 167 2007 nonroad 441.1779883

TOG 39 167 2007 MOVES 945.6574558 3,289.32

Emissions in tons per year
VOC

623.19

1267.64

452.83

945.66

3289.32
STAKEHOLDER ANNOUNCEMENT

USDA Announces Updates and Clarifications for Programs to Advance Clean, 

Affordable and Reliable Energy in Rural America

Updates Will Help People Better Navigate Application Processes

WASHINGTON, June 16, 2023 – U.S. Department of Agriculture (USDA) Rural Development Under 

Secretary Xochitl Torres Small announced key updates and clarifications for financial assistance programs that 

will advance clean, affordable and reliable energy in rural America. 

In May, the Department announced $10.7 billion in funding available under USDA’s Powering Affordable 

Clean Energy (PACE) and Empowering Rural America (New ERA) programs. Eligible organizations may 

apply for loans, grants, loan modifications and partially forgivable loans.

The updates and clarifications being announced today will help people better navigate the application processes 

for both programs, including:

• Adding a requirement for applicants to create verified eAuthentication IDs prior to submitting a Letter 

of Interest. All applicants must have a verified eAuthentication ID in order to submit a Letter of Interest. 

For more information about the USDA eAuthentication system, visit:

https://www.eauth.usda.gov/eauth/b/usda/home.

• Enabling USDA’s General Field Representatives to help eligible organizations before they submit 

Letters of Interest. 

• Clarifying that New ERA applicants must submit applications within 60 days of being invited to apply

unless another date is mutually agreed upon.

• Clarifying that the 120-month and 180-month exclusions referenced in Section 306b of the Rural 

Electrification Act and related regulations do not apply to USDA’s PACE or New ERA programs.

More information on updates and clarifications for USDA’s PACE program are on page 39394 of the June 16 

Federal Register.

More information on updates and clarifications for USDA’s New ERA program are on page 39395 of the June 

16 Federal Register.

If you have questions, USDA is regularly updating frequently asked questions (FAQs). FAQs are available at 

IRA FAQs | Rural Development (usda.gov).

Additional details about the Inflation Reduction Act are available at www.rd.usda.gov/inflation-reduction-act.

To subscribe to USDA Rural Development updates, visit GovDelivery subscriber page.

###

USDA is an equal opportunity provider, employer and lender.
#### § 13.44 Right to administrative offset.

The amount of any penalty or assessment that has become final, or for which a judgment has been entered under § 13.42 or § 13.43, or any amount agreed upon in a compromise or settlement under § 13.46, may be collected by administrative offset under 31 U.S.C. 3716, except that an administrative offset may not be Made under that subsection against a refund of an overpayment of Federal taxes, then or later owing by the United States to the Defendant.
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<PAGE>

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<CASH>                                           8,601
<SECURITIES>                                     6,740
<RECEIVABLES>                                   24,143
<ALLOWANCES>                                     2,071
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<CURRENT-ASSETS>                                38,749
<PP&E>                                          11,807
<DEPRECIATION>                                   2,768
<TOTAL-ASSETS>                                  77,778
<CURRENT-LIABILITIES>                           31,122
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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### §3354. Automated valuation models used to estimate collateral value for mortgage lending purposes

#### (a) In general

Automated valuation models shall adhere to quality control standards designed to—

(1) ensure a high level of confidence in the estimates produced by automated valuation models;

(2) protect against the manipulation of data;

(3) seek to avoid conflicts of interest;

(4) require random sample testing and reviews; and

(5) account for any other such factor that the agencies listed in subsection (b) determine to be appropriate.

#### (b) Adoption of regulations

The Board, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the National Credit Union Administration Board, the Federal Housing Finance Agency, and the Bureau of Consumer Financial Protection, in consultation with the staff of the Appraisal Subcommittee and the Appraisal Standards Board of the Appraisal Foundation, shall promulgate regulations to implement the quality control standards required under this section.

#### (c) Enforcement

Compliance with regulations issued under this subsection shall be enforced by—

(1) with respect to a financial institution, or subsidiary owned and controlled by a financial institution and regulated by a Federal financial institution regulatory agency, the Federal financial institution regulatory agency that acts as the primary Federal supervisor of such financial institution or subsidiary; and

(2) with respect to other participants in the market for appraisals of 1-to-4 unit single family residential real estate, the Federal Trade Commission, the Bureau of Consumer Financial Protection, and a State attorney general.

#### (d) Automated valuation model defined

For purposes of this section, the term "automated valuation model" means any computerized model used by mortgage originators and secondary market issuers to determine the collateral worth of a mortgage secured by a consumer's principal dwelling.

(Pub. L. 101–73, title XI, §1125, as added Pub. L. 111–203, title XIV, §1473(q), July 21, 2010, 124 Stat. 2198.)

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

#### Effective Date

Section effective on the date on which final regulations implementing such section take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as an Effective Date of 2010 Amendment note under section 1601 of Title 15, Commerce and Trade.
#### In the Matter of Poli K. and Others, Children Alleged to be Neglected. Sunai A., Appellant; Administration for Children’s Services, Respondent.

[824 NYS2d 283]

Order, Family Court, New York County (Sara E Schecter, J.), entered on or about February 1, 2005, which, insofar as appealed from, found that respondent neglected the child Poli by inflicting excessive corporeal punishment and made derivative findings of neglect with respect to the children Habib and Subeka, unanimously affirmed, without costs.

The finding of excessive corporeal punishment is supported by a preponderance of the evidence, namely, Poli’s hearsay statements to petitioner’s caseworker that respondent repeatedly hit her with a sneaker and toilet plunger handle over a period of 20 minutes; the caseworker’s visual observation of reddish bruises on Fob’s shoulder, arm, elbow, knees and ankle; and a hospital record that reports “multiple bruises on extremities,” a history of the incident consistent with Poli’s statements to the caseworker, and Poli’s statement that respondent had hit her with a sandal two months earlier *(see Matter of Christopher R,*30 AD3d 307 [2006]). Although an alternative explanation for the bruises also has support in the record, namely, the casework*355er’s testimony that she was told by Subeka and the children’s mother that Subeka and Poli got into a fight at about the time of the alleged corporeal punishment, we reject that explanation. It is undermined by different accounts of the reason for the fight given by Subeka and the mother, and by the absence of evidence of any bruises or marks on Subeka. Moreover, Family Court was free to draw the strongest possible inference against respondent, who did not testify *(see Matter of Nassau County Dept. of Social Servs. v Denise J.,*87 NY2d 73, 79-80 [1995]). The severity of the corporeal punishment supports the findings of derivative neglect *(see Matter of Jason G.,*3 AD3d 340 [2004]). To the extent Family Court did not state the grounds for its findings of neglect and derivative neglect, as required by Family Court Act § 1051 (a), we state the grounds ourselves, as above indicated *(see Matter of New York City Dept. of Social Servs. v Elena A.,*194 AD2d 608, 609-610 [1993]). Concur—Friedman, J.R, Sullivan, Nardelli, Catterson and McGuire, JJ.
# C_2007056EN.01001202.xml

| 10.3.2007 | EN | Official Journal of the European Union | C 56/12 |
| --- | --- | --- | --- |

10.3.2007

EN

Official Journal of the European Union

C 56/12

---

Order of the Court of 9 January 2007 (reference for a preliminary ruling from the Finanzgericht München, Germany) — Juers Pharma Import-Export GmbH v Oberfinanzdirektion Nürnberg

(Case C-40/06) (1)

1

(First subparagraph of Article 104(3) of the Rules of Procedure - Common Customs Tariff - Combined Nomenclature - Tariff classification - Capsules containing primarily melatonin - Medicaments)

(2007/C 56/21)

Language of the case: German

Referring court

Finanzgericht München

Parties in the main proceedings

Applicant: Juers Pharma Import-Export GmbH

Applicant:

Defendant: Oberfinanzdirektion Nürnberg

Defendant:

Re:

Reference for a preliminary ruling — Finanzgericht München — Interpretation of Commission Regulation (EC) No 1789/2003 of 11 September 2003 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 2003 L 281, p. 1) — Heading 3004 (medicaments) and heading 2106 (food preparations) of the Combined Nomenclature — Classification of melatonin capsules put up as dietary supplements but which may be supplied only by pharmacies and on prescription — Twinlab Melatonin Caps

Operative part of the order

The Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EC) No 1789/2003 of 11 September 2003, must be interpreted as meaning that capsules containing primarily melatonin such as those in issue in the main proceedings fall under tariff heading 3004.

---

(1)  OJ C 86, 8.4.2006.

1

---
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<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                         697,581
<SECURITIES>                                         0
<RECEIVABLES>                                  593,405
<ALLOWANCES>                                    20,000
<INVENTORY>                                    377,979
<CURRENT-ASSETS>                             1,675,853
<PP&E>                                       5,106,899
<DEPRECIATION>                               2,138,747
<TOTAL-ASSETS>                               4,950,515
<CURRENT-LIABILITIES>                        7,974,053
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        25,288
<OTHER-SE>                                   4,898,826
<TOTAL-LIABILITY-AND-EQUITY>                 4,950,515
<SALES>                                      2,486,642
<TOTAL-REVENUES>                             2,512,737
<CGS>                                        1,583,255
<TOTAL-COSTS>                                3,403,929
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                20,000
<INTEREST-EXPENSE>                             976,865
<INCOME-PRETAX>                            (1,859,075)
<INCOME-TAX>                                     1,200
<INCOME-CONTINUING>                        (1,860,275)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,860,275)
<EPS-BASIC>                                     (.081)
<EPS-DILUTED>                                        0


</TABLE>
### §2077. Taxation

Each production credit association and its obligations are instrumentalities of the United States and as such any and all notes, debentures, and other obligations issued by such associations shall be exempt, both as to principal and interest, from all taxation (except surtaxes, estate, inheritance, and gift taxes) now or hereafter imposed by the United States or any State, territorial, or local taxing authority, except that interest on such obligations shall be subject to Federal income taxation in the hands of the holder.

(Pub. L. 92–181, title II, §2.7, formerly §2.6, as added Pub. L. 100–233, title IV, §401, Jan. 6, 1988, 101 Stat. 1633; amended Pub. L. 100–399, title IV, §401(r), Aug. 17, 1988, 102 Stat. 998; renumbered §2.7, Pub. L. 101–624, title XVIII, §1833(1), Nov. 28, 1990, 104 Stat. 3832.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 2077, Pub. L. 92–181, title II, §2.6, Dec. 10, 1971, 85 Stat. 595; Pub. L. 96–592, title II, §206, Dec. 24, 1980, 94 Stat. 3442; Pub. L. 99–205, title II, §205(e)(7), (8), Dec. 23, 1985, 99 Stat. 1704; Pub. L. 100–233, title VIII, §§802(k), 805(f), Jan. 6, 1988, 101 Stat. 1711, 1715, related to net earnings, prior to the general amendment of this subchapter by Pub. L. 100–233, §401.

A prior section 2078, Pub. L. 92–181, title II, §2.7, Dec. 10, 1971, 85 Stat. 597; Pub. L. 99–205, title II, §205(e)(9), Dec. 23, 1985, 99 Stat. 1704, related to distribution of assets on liquidation, prior to the general amendment of this subchapter by Pub. L. 100–233, §401.

A prior section 2079, Pub. L. 92–181, title II, §2.8, Dec. 10, 1971, 85 Stat. 597; Pub. L. 100–399, title IX, §901(a), Aug. 17, 1988, 102 Stat. 1007, related to taxation, prior to the general amendment of this subchapter by Pub. L. 100–233, §401.

#### Amendments

1988—Pub. L. 100–399 substituted "interest," for "interest" and inserted ", except that interest on such obligations shall be subject to Federal income taxation in the hands of the holder".

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

#### Effective Date of 1988 Amendment

Amendment by Pub. L. 100–399 effective immediately after amendment made by section 401 of Pub. L. 100–233, which was effective 6 months after Jan. 6, 1988, see section 1001(b) of Pub. L. 100–399, set out as a note under section 2002 of this title.

#### Effective Date

Pub. L. 100–233, title IV, §401, Jan. 6, 1988, 101 Stat. 1622, provided that this section is effective 6 months after Jan. 6, 1988.
### **CHAPTER 27—AUTOMOBILE DEALER SUITS AGAINST MANUFACTURERS**

Sec.
1221.
Definitions.
1222.
Authorization of suits against manufacturers; amount of recovery; defenses.
1223.
Limitations.
1224.
Antitrust laws as affected.
1225.
State laws as affected.
1226.
Motor vehicle franchise contract dispute resolution process.