alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
HLD

- 004 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 21

- 1096

___________

IN RE: IFEDOO NOBLE ENIGWE,

Petitioner

____________________________________

On a Petition for Writ of Mandamus from the United States District Court for the District of New Jersey (Related to D.N.J. Civ. No. 2:19

- cv

- 12631)

____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P.

February 25, 2021

Before: SMITH

, Chief Judge , CHAGARES and SHWARTZ, Circuit Judges

(Opinion filed : March 12, 2021 )

_________

OPINION *

_________

PER CURIAM

Ifedoo Enigwe filed in the District Court a motion for relief from judgment under

Fed. R. Civ. P. 60(b). Before this Court is a petition for a writ of mandamus in which

Enigwe requests that we compel the District Court to act on his Rule 60(b) motion.

Because the Distr ict Court has since ruled on the Rule 60(b) motion, Enigwe’s mandamus

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.2

petition will be dismissed as moot. See Blanciak v. Allegheny Ludlum Corp. , 77 F.3d

690, 699

- 700 (3d Cir. 1996).
1 

### Sutton, Lisa

From: Lorang, Phil Sent: Wednesday, September 03, 2014 1:16 PM To: Frey, Nathan J. Cc: Schillo, Bruce; Balserak, Paul ; Sutton, Lisa; Coda, Tom; Brachtl, Megan; Johnson, Yvonne W; Long, Pam; Wood, Anna; Koerber, Mike; South, Mia; Henigin, Mary Subject: EPA response to Additional Interagency Comments Under EO 12866 and 13563 -- Supplemental Proposal to Address Startup, Shutdown, and Malfunction (SSM) Affirmative Defense Provisions in SIPs Attachments: SSM SIP SNPR_comment bubbles flag EPA 9-3-2014 response.docx; EO12866_SSM Petition_2060-AR68_Supplemental Proposal_FRN_9-3-2014_1215.docx

Nathan,

We do not have any questions or concerns regarding th e additional interagency comments. We appreciate the comments pointing out sentences that will benefit from grea ter clarity, and the suggested edits of other sentences towards the same goal.

The attached version responds to the comments, via an EPA response within each comment bubble in every case and in some cases by edits to the text. The only other change we have identified at ou r end and incorporated into this version is a change in the room number for the public hearing. A clean version is also attached. Plea se do not upload this clean version into ROCIS, as we will need to edit the he ader before the upload by Office of Policy staff.

Phil Lorang, Senior Policy Advisor Air Quality Policy Division
919-541-5463

From: Frey, Nathan J. [mailto:Na than_J._Frey@omb.eop.gov]
Sent: Wednesday, September 03, 2014 10:29 AM
To: Lorang, Phil
Cc: Schillo, Bruce; Balserak, Paul; Sutton, Lisa; Coda, Tom; Brachtl, Megan; Johnson, Yvonne W; Long, Pam; Wood, Anna Subject: Summary of Additional Interagency Comments Unde r EO 12866 and 13563 -- Supplemen tal Proposal to Address Startup, Shutdown, and Malfunction (SSM) Affirmative Defense Provisions in SIPs

Attached please find a summary of additional inte ragency comments under EO 12866 and 13563 regarding the Supplemental Proposal to Address Startup, Shutdown, and Ma lfunction (SSM) Affirmative Defense Provisions in SIPs.

Please let me know if you have any questions.
### §758e–5. Authorization of appropriations

There is authorized to be appropriated for the period beginning July 1, 1973, and ending June 30, 1976, the sum of $3,000,000, and for the period beginning July 1, 1976, and ending September 30, 1979, the sum of $4,000,000, and for each of the fiscal years 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, and 1995, the sum of $5,000,000, to carry out the purposes of sections 758e to 758e–5 of this title. Sums appropriated pursuant to this section shall remain available until expended.

(Pub. L. 92–444, §8, formerly §7, Sept. 29, 1972, 86 Stat. 745; Pub. L. 94–343, §1(3), July 6, 1976, 90 Stat. 809; renumbered §8 and amended Pub. L. 95–295, §§1(4), 2, June 16, 1978, 92 Stat. 319, 320; Pub. L. 97–453, §15(d), Jan. 12, 1983, 96 Stat. 2493; Pub. L. 99–659, title IV, §403, Nov. 14, 1986, 100 Stat. 3737; Pub. L. 101–627, title VI, §601, Nov. 28, 1990, 104 Stat. 4463.)

#### **Editorial Notes**

#### Amendments

1990—Pub. L. 101–627, which directed the substitution of "1988, 1989, 1990, 1991, 1992, 1993, 1994, and 1995" for "and 1988" in section 7 of the Central, Western, and South Pacific Fisheries Development Act, meaning section 7 of Pub. L. 92–444, was executed by making the substitution in section 8 of Pub. L. 92–444, this section, to reflect the probable intent of Congress and the renumbering of section 7 as 8 by Pub. L. 95–295, §1(4).

1986—Pub. L. 99–659 inserted provision authorizing appropriations for each of fiscal years 1986, 1987, and 1988.

1983—Pub. L. 97–453 substituted "1982, 1983, 1984, and 1985" for "and 1982".

1978—Pub. L. 95–295 inserted provision authorizing appropriations of $5,000,000 for each of fiscal years 1980 to 1982, and substituted "$4,000,000" for "$3,000,000".

1976—Pub. L. 94–343 inserted provision authorizing appropriations for period beginning July 1, 1976, and ending Sept. 30, 1979, the sum of $3,000,000.
Exhibit 10(a) 




CONSENT OF
INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 



We consent to the incorporation by
reference in this Post-Effective Amendment No. 9 to Registration Statement No. 333-43552
on Form N-1A of our reports dated August 27, 2007, relating to the financial statements
and financial highlights of BlackRock Short-Term Bond Fund of BlackRock Short-Term Bond
Series, Inc. (the “Fund”) and of Short-Term Bond Master Portfolio (the “Portfolio”)
of Short-Term Bond Master LLC appearing in the Annual Reports on Form N-CSR of the Fund
and of the Portfolio for the year ended June 30, 2007, and to the references to us under
the headings “Financial Highlights” in the Prospectus and “Financial
Statements” in the Statement of Additional Information, which are part of such
Registration Statement. 




/s/ Deloitte & Touche LLP  



Princeton, New Jersey 
October 25,
2007
Exhibit 23



Consent of Independent Registered Certified Public Accounting Firm



We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 333-35059, 333-57977,
333-57979, 333-40666, 333-40664, 333-40658, 333-100055, 333-109257, 333-19007, 333-27935 and 333-118558) and S-3 (No. 333-116464), of Hughes Supply, Inc. of our reports dated April 14, 2004, relating to the financial statements and financial
statement schedule, which appear in this Form 10-K/A.



|                              
|------------------------------
|/s/ PricewaterhouseCoopers LLP
|PricewaterhouseCoopers LLP    
|Orlando, Florida              
|September 14, 2004            

|
|
§ 303.235 Filing requirements. ( a ) Any written submission by a party under §§ 303.230 through 303.236 must be filed with the Secretary by hand-delivery, by mail, or by facsimile transmission. The Secretary discourages the use of facsimile transmission for documents longer than five pages.
( b ) The filing date under paragraph (a) of this section is the date the document is— ( 1 ) Hand-delivered;
( 2 ) Mailed; or
( 3 ) Sent by facsimile transmission.
( c ) A party filing by facsimile transmission is responsible for confirming that a complete and legible copy of the document was received by the Department.
( d ) If a document is filed by facsimile transmission, the Secretary, the Hearing Official, or the Panel, as applicable, may require the filing of a follow-up hard copy by hand-delivery or by mail within a reasonable period of time.
( e ) If agreed upon by the parties, service of a document may be made upon the other party by facsimile transmission.
(Authority: 20 U.S.C. 1437(c))
UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

October 9, 2020

DAILY CVP WATER SUPPLY REPORT

SEPTEMBER 30, 2020 RUN DATE:

RESERVOIR RELEASES IN CUBIC FEET/SECOND

TRINITY

SACRAMENTO

FEATHER

AMERICAN

STANISLAUS

SAN JOAQUIN

LEWISTON

KESWICK

OROVILLE (SWP)

NIMBUS

GOODWIN

FRIANT

RESERVOIR MEDIAN 2019 2020 15

 453

 7,477

 8,000

 2,677

 400

 380

 439

 6,870

 2,600

 1,759

 200

 436

RESERVOIR CAPACITY YR AVG

TRINITY

SHASTA

OROVILLE (SWP)

FOLSOM

NEW MELONES

FED. SAN LUIS

2019 2020

 2,043

 3,425

 2,228

 714

 2,033

 464

 1,354

 2,200

 1,631

 423

 1,519

 363

 15

STORAGE IN MAJOR RESERVOIRS IN THOUSANDS OF ACRE-FEET

MILLERTON 

TOTAL NORTH CVP 

 353 158

 8,679 5,859

2,448

4,552

3,538

977

2,420

966

520

11,363

% OF 15 YR AVG 

RESERVOIR CURRENT

YR AVG

TRINITY

SHASTA

FOLSOM

NEW MELONES

1983

 2,888

 10,794

 6,541

 2,747

 455

 3,266

 1,537

 644

 15

MILLERTON 921 4,705

% OF

ACCUMULATED INFLOW FOR WATER YEAR TO DATE IN THOUSANDS OF ACRE-FEET

WY WY WY 

YR

AVG

 15

2020 1977

DAM YR

RESERVOIR

CURRENT

TRINITY AT

FISH HATCHERY

SACRAMENTO AT 

SHASTA DAM 

AMERICAN AT 

BLUE CANYON

STANISLAUS AT

NEW MELONES

1983

 58.58

 116.63

 105.60

 46.79

 0.00

 0.00

 0.00

 0.00

SAN JOAQUIN AT

HUNTINGTON LK 

 85.00 0.00

ACCUMULATED PRECIPITATION FOR WATER YEAR TO DATE IN INCHES

WY WY WY 

% OF

2020 1977 AVG

AVG

(N YRS)

 225

 2,628

 356

 377

 16.35

 26.44

 18.28

 17.60

 20.54

 34.51

 39.50

 22.38

 28.25

 461

 7,002

 3,500

 1,749

 205

 350

 1,397 97

 2,426

 1,704

 461

 1,351

 310

 266

 5,944

 91

 96

 92

 112

 117

 59

 99

 32.27

 1,160

 5,173

 2,713

 1,081

 1,668

 39

 63

 57

 60

 55

 64

 62.52

 67.05

 27.66

 42.33

 55

 59

 81

 67

 58

 63

 45

 42

 45

( )

( )

( )

( )

( )

 LAST 

24 HRS 

WY WY

WY WY

----

----
§ 249.2 Application. ( a ) *Jurisdiction.* An application by an alien, other than an arriving alien, who has been served with a notice to appear or warrant of arrest shall be considered only in proceedings under 8 CFR part 240. In any other case, an alien who believes he or she meets the eligibility requirements of section 249 of the Act shall apply to the district director having jurisdiction over his or her place of residence. The application shall be made on Form I-485 and shall be accompanied by Form G-325A, which shall be considered part of the application. The application shall also be accompanied by documentary evidence establishing continuous residence in the United States since prior to January 1, 1972, or since entry and prior to July 1, 1924. All documents must be submitted in accordance with § 103.2(b) of this chapter. Documentary evidence may include any records of official or personal transactions or recordings of events occurring during the period of claimed residence. Affidavits of credible witnesses may also be accepted. Persons unemployed and unable to furnish evidence in their own names may furnish evidence in the names of parents or other persons with whom they have been living, if affidavits of the parents or other persons are submitted attesting to the residence. The numerical limitations of sections 201 and 202 of the Act shall not apply.
( b ) *Decision.* The applicant shall be notified of the decision and, if the application is denied, of the reasons therefor. If the application is granted, a Form I-551, showing that the applicant has acquired the status of an alien lawfully admitted for permanent residence, shall not be issued until the applicant surrenders any other document in his or her possession evidencing compliance with the alien registration requirements of former or existing law. No appeal shall lie from the denial of an application by the district director. However, an alien, other than an arriving alien, may renew the denied application in proceedings under 8 CFR part 240.
[52 FR 6322, Mar. 3, 1987, as amended at 62 FR 10386, Mar. 6, 1997]
### §2242. Sexual abuse

Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly—

(1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping);

(2) engages in a sexual act with another person if that other person is—

(A) incapable of appraising the nature of the conduct; or

(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or

(3) engages in a sexual act with another person without that other person's consent, to include doing so through coercion;

or attempts to do so, shall be fined under this title and imprisoned for any term of years or for life.

(Added Pub. L. 99–646, §87(b), Nov. 10, 1986, 100 Stat. 3621, and Pub. L. 99–654, §2, Nov. 14, 1986, 100 Stat. 3661; amended Pub. L. 103–322, title XXXIII, §330021(1), Sept. 13, 1994, 108 Stat. 2150; Pub. L. 109–162, title XI, §1177(a)(3), Jan. 5, 2006, 119 Stat. 3125; Pub. L. 109–248, title II, §§205, 207(2), July 27, 2006, 120 Stat. 613, 615; Pub. L. 110–161, div. E, title V, §554, Dec. 26, 2007, 121 Stat. 2082; Pub. L. 117–103, div. W, title XII, §1202(b), Mar. 15, 2022, 136 Stat. 924.)

#### **Editorial Notes**

#### Codification

Pub. L. 99–646 and Pub. L. 99–654 added identical sections 2242.

#### Amendments

2022—Par. (3). Pub. L. 117–103 added par. (3).

2007—Pub. L. 110–161 substituted "the head of any Federal department or agency" for "the Attorney General" in introductory provisions.

2006—Pub. L. 109–248 inserted comma after "Attorney General" in introductory provisions and substituted "and imprisoned for any term of years or for life" for ", imprisoned not more than 20 years, or both" in concluding provisions.

Pub. L. 109–162 inserted "or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General" after "in a Federal prison," in introductory provisions.

1994—Par. (1). Pub. L. 103–322 substituted "kidnapping" for "kidnaping".

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

#### Effective Date of 2022 Amendment

Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
(No. 77-CC-1511

#### Robert K. Shelton, Claimant, *v.*State of Illinois, Respondent.

*Order filed September 28, 1977.*

*243Per Curiam.

Claimant, an inmate of an Illinois penal institution, has brought this action to recover the value of certain items of personal property of which he was allegedly possessed while incarcerated. Claimant contends that his property was lost, misplaced, stolen or destroyed while he was imprisoned, and that the loss of his property was proximately caused by the negligence of employees of the State of Illinois.

In *Bargas v. State, 32 Ill.Ct.*Cl__, this Court held that the State of Illinois does not owe a duty to inmates of its penal institutions to safeguard property which inmates keep in their cells. In the companion case of *Doubling v. State, 32 Ill.Ct.Cl.1,*we further held that only where the State takes actual physical possession of the property of an inmate, as during the course of his transfer between penal institutions, does a duty arise to use reasonable care in protecting the inmate’s property.

The complaint in this action does not allege that Claimant’s property was delivered to agents of the State, but rather that the property disappeared or was damaged in Claimant’s cell. Under our reasoning in *Bargas v. State, supra,*and *Doubling v. State, supra,*the complaint herein fails to state a claim upon which relief can be granted.

It is therefore ordered that this cause be, and hereby is, dismissed.
Exhibit 31.2

                         Section 302 Certification
                       Quarterly  Report on Form 10-KSB

I, Lizabeth M. Wolfson, certify that:

I have reviewed this annual report on Form 10-KSB of Clancy Systems
International, Inc.;

1.  Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact necessary
to make the statements made, in light of the circumstances under which
such statements were made, not misleading with respect to the period
covered by this report;

2.  Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material
respects the financial condition, results of operations and cash flows
of the small business issuer as of, and for, the periods presented in
this report;

3.  The small business issuer's other certifying officer(s) and I are
responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)
for the small business issuer and have:

     (a) Designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed under our
supervision, to ensure that material information relating to the small
business issuer, including its consolidated subsidiaries, is made
known to us by others within those entities, particularly during the
period in which this report is being prepared;

     (b) Evaluated the effectiveness of the small business issuer's
disclosure controls and procedures and presented in this report our
conclusions about the effectiveness of the disclosure controls and
procedures, as of the end of the period covered by this report based
on such evaluation; and

     (c) Disclosed in this report any change in the small business
issuer's internal control over financial reporting that occurred
during the small business issuer's most recent fiscal quarter (the
small business issuer's fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely
to materially affect, the small business issuer's internal control
over financial reporting; and


<PAGE>

4. The small business issuer's other certifying officer(s) and I have
disclosed, based on our most recent evaluation of internal control
over financial reporting, to the small business issuer's auditors and
the audit committee of the small business issuer's board of directors
(or persons performing the equivalent functions):

     (a) All significant deficiencies and material weaknesses in the
design or operation of internal control over financial reporting which
are reasonably likely to adversely affect the small business issuer's
ability to record, process, summarize and report financial information;
and

     (b) Any fraud, whether or not material, that involves management
or other employees who have a significant role in the small business
issuer's internal control over financial reporting.


Date: March 13, 2006
/s/Lizabeth M. Wolfson
Chief Financial Officer






<PAGE>
### §24. Definitions relating to Federal health care offense

(a) As used in this title, the term "Federal health care offense" means a violation of, or a criminal conspiracy to violate—

(1) section 669, 1035, 1347, or 1518 of this title or section 1128B of the Social Security Act (42 U.S.C. 1320a–7b); or

(2) section 287, 371, 664, 666, 1001, 1027, 1341, 1343, 1349, or 1954 of this title section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331), or section 501 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131), or section 411, 518, or 511 of the Employee Retirement Income Security Act of 1974,,1 if the violation or conspiracy relates to a health care benefit program.

(b) As used in this title, the term "health care benefit program" means any public or private plan or contract, affecting commerce, under which any medical benefit, item, or service is provided to any individual, and includes any individual or entity who is providing a medical benefit, item, or service for which payment may be made under the plan or contract.

(Added Pub. L. 104–191, title II, §241(a), Aug. 21, 1996, 110 Stat. 2016; amended Pub. L. 111–148, title VI, §6602, title X, §10606(c), Mar. 23, 2010, 124 Stat. 780, 1008.)

#### **Editorial Notes**

#### References in Text

Sections 411, 518, and 511 of the Employee Retirement Income Security Act of 1974, referred to in subsec. (a)(2), are classified to sections 1111, 1148, and 1141, respectively, of Title 29, Labor.

#### Amendments

2010—Subsec. (a)(1). Pub. L. 111–148, §10606(c)(1), substituted "or section 1128B of the Social Security Act (42 U.S.C. 1320a–7b); or" for semicolon.

Subsec. (a)(2). Pub. L. 111–148, §10606(c)(2)(B), which directed insertion of "section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331), or section 501 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131)," after "title," was executed by making the insertion after "title" to reflect the probable intent of Congress because "title," did not appear subsequent to amendment by Pub. L. 111–148, §6602. See below.

Pub. L. 111–148, §10606(c)(2)(A), inserted "1349," after "1343,".

Pub. L. 111–148, §6602, inserted "or section 411, 518, or 511 of the Employee Retirement Income Security Act of 1974," after "1954 of this title".

1 So in original. The second comma probably should follow "1954 of this title".
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