alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The Honorable Scott O. Wright, United States District Judge 1

for the Western District of Missouri, adopting the report and

recommendation of the Honorable William A. Knox, United States

Magistrate Judge for the Western District of Missouri. 

___________

No. 95-3247

___________

Jerry McCrary, *

 *

Appellant, * Appeal from the United States

 * District Court for the

v. * Western District of Missouri.

 *

Timothy Brizendine; J.O. Enloe; * [UNPUBLISHED]

Ronnie Howerton; Richard Watson, *

 *

Appellees. *

___________

 Submitted: September 26, 1996 

 Filed: October 7, 1996

___________

Before BEAM, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________

PER CURIAM.

Jerry McCrary, a Missouri inmate, appeals from the district court's1

grant of summary judgment to defendants in his 42 U.S.C. § 1983 action.

McCrary alleged defendants violated his constitutional rights by

handcuffing him too tightly, by finding him guilty of an unfounded conduct

violation, by depriving him of legal materials while in segregation, and

by placing him in a segregation cell that was too hot. We affirm.

This court reviews the grant of summary judgment de novo. See

Earnest v. Courtney, 64 F.3d 365, 366-67 (8th Cir. 1995) (per curiam)

(standard of review). McCrary failed to demonstrate
-2-

defendants applied the handcuffs maliciously or sadistically for the

purpose of causing harm, and it was not unreasonable for defendants to

handcuff McCrary for the purposes of transporting him to segregation after

he created a disturbance in the recreation yard. See Howard v. Barnett,

21 F.3d 868, 871-72 (8th Cir. 1994) (where inmate alleges excessive force,

no violation unless force applied maliciously and sadistically to cause

harm; force applied in good-faith effort to maintain or restore

discipline does not violate Eighth Amendment). As to McCrary's

claim he was punished for an unfounded conduct violation, nothing

in the record suggests McCrary's seven-day stay in disciplinary

segregation--as punishment for the conduct violation--constituted

an atypical, significant deprivation giving rise to a liberty

interest. See Wycoff v. Nichols, No. 95-1117, slip op. at 3, 6-7

(8th Cir. Sept. 5, 1996) (quoting Sandin v. Conner, 115 S. Ct.

2293, 2300-01 (1995)). Even if McCrary had a cognizable due

process claim, the reporting officer's statement that he observed

McCrary engaging in the charged conduct provides some evidence

sufficient to find McCrary guilty of creating a disturbance. See

Goff v. Dailey, 991 F.2d 1437, 1442 (8th Cir.), cert. denied, 510

U.S. 997 (1993). 

Finally, McCrary failed to demonstrate how defendants'

withholding of his legal materials while he was in segregation

prejudiced his access to the courts, see Berdella v. Delo, 972 F.2d

204, 210 (8th Cir. 1992), and failed to provide sufficient evidence

that the temperature inside his cell constituted a substantial risk

of harm of which defendants were aware, see Farmer v. Brennan, 114

S. Ct. 1970, 1981-82 (1994).

We deny McCrary's motion for appointment of counsel on appeal.
-3-

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200

Washington, DC 20555-001 E-mail: opa@nrc.gov

Web Site: http://www.nrc.gov/OPA

No. 00-114 July 20, 2000

NRC PROPOSES TO AMEND REGULATIONS TO ADD FUELSOLUTIONS STORAGE

CASK DESIGN TO APPROVED LIST

The Nuclear Regulatory Commission is proposing to amend its regulations to add the

FuelSolutions cask system to the several already approved cask designs that utilities may use -- under

a general license and without site-specific approval -- to store spent fuel at their nuclear power plants.

Under the terms of an NRC general license, any nuclear power reactor operator can use a preapproved cask, if the company notifies the NRC in advance, meets the conditions of the cask’s NRC

certificate of compliance, and complies with NRC’s regulations. These regulations include a

requirement to ensure that the reactor site characteristics and potential site-boundary radiation doses are

within the scope of the cask’s safety analysis report and the reactor license.

The FuelSolutions certificate would contain conditions for use that are similar to others for

NRC-approved casks. However, the certificate for each cask design may differ in some specific areas,

such as operating procedures, training and spent fuel specifications.

The NRC staff has issued a preliminary safety evaluation report that finds, if the conditions

specified in the certificate of compliance are met, adequate protection of public health and safety will

be maintained. The staff’s environmental assessment determined that use of the FuelSolutions cask

design at reactor sites would have no significant incremental impacts on the environment.

Interested persons are invited to submit written comments on the proposed amendments (10

CFR Part 72 of the Commission’s regulations). Comments should be submitted by September 25. The

comments should be addressed to the Secretary, U.S. Nuclear Regulatory Commission, Washington,

DC 20555-0001, Attention: Rulemakings and Adjudications Staff. Comments may also be submitted

via the NRC’s interactive rulemaking web site at http://ruleforum.llnl.gov.

###
### §796–1. Administration of the independent living program

There is established within the Administration for Community Living of the Department of Health and Human Services, an Independent Living Administration. The Independent Living Administration shall be headed by a Director (referred to in this section as the "Director") appointed by the Secretary of Health and Human Services. The Director shall be an individual with substantial knowledge of independent living services. The Independent Living Administration shall be the principal agency, and the Director shall be the principal officer, to carry out this part. In performing the functions of the office, the Director shall be directly responsible to the Administrator of the Administration for Community Living of the Department of Health and Human Services. The Secretary shall ensure that the Independent Living Administration has sufficient resources (including designating at least 1 individual from the Office of General Counsel who is knowledgeable about independent living services) to provide technical assistance and support to, and oversight of, the programs funded under this part.

(Pub. L. 93–112, title VII, §701A, as added Pub. L. 113–128, title IV, §472, July 22, 2014, 128 Stat. 1685.)
Editorial Note on Part 10
Editorial Note: Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

§ 10.808 Effect of noncompliance; failure to provide documentation regarding transshipment. ( a ) *General.* If the importer fails to comply with any requirement under this subpart, including submission of a complete declaration under § 10.804 of this subpart, when requested, the Center director may deny preferential tariff treatment to the imported good.
( b ) *Failure to provide documentation regarding transshipment.* Where the requirements for preferential tariff treatment set forth elsewhere in this subpart are met, the Center director nevertheless may deny preferential treatment to a good if the good is shipped through or transshipped in the territory of a country other than a Party, and the importer of the good does not provide, at the request of the Center director, evidence demonstrating to the satisfaction of the Center director that the good was imported directly from the territory of a Party into the territory of the other Party (*see* § 10.817 of this subpart).
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United States Nuclear Regulatory Commission

Office of Public Affairs

Washington, DC 20555

Phone 301-415-8200 Fax 301-415-2234

Internet:opa@nrc.gov

No. 99-45 FOR IMMEDIATE RELEASE

March 4, 1999

NRC TO HOLD TWO PUBLIC MEETINGS IN NEVADA

ON PROPOSED REGULATIONS FOR YUCCA MOUNTAIN

The Nuclear Regulatory Commission will hold two public meetings this month in Nevada

to discuss the agency’s proposed new regulations for the licensing of a possible future highlevel radioactive waste repository at Yucca Mountain.

The first meeting will be Tuesday, March 23 from 7:00 p.m. to 9:30 p.m. at the Richard

Tam Alumni Center, University of Nevada Las Vegas. The second will be Thursday, March 25

from 7:00 p.m. to 9:30 p.m. at the Beatty Community Center in Beatty.

The meetings will open with an NRC presentation on the proposed rule, which would

establish criteria and standards against which NRC would evaluate a possible future DOE

license application for a repository at Yucca Mountain.

The NRC’s presentation will be followed by an opportunity for comments from the

Department of Energy and Environmental Protection Agency.

The public discussion will begin with a panel of representatives of the major interests

affected by the proposed regulations, including local and county governments, the State of

Nevada, Native American organizations, the Nevada Nuclear Waste Task Force and the

Nuclear Waste Study Committee. The floor will then be open for questions or comments from

the general public.

Francis X. Cameron, NRC Counsel for Public Liaison, will facilitate the meetings.

The NRC will consider comments received at the meeting in developing the final version

of the proposed rule. Written comments are also invited and should be submitted, by May 10 ,

to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,

Attention: Rulemakings and Adjudications Staff. In addition, comments may be submitted

electronically via the NRC’s interactive rulemaking web site at

http://www.nrc.gov/NRC/rule.html.
The proposed regulations were published in the Federal Register on February 22.

Copies will also be available at the public meetings, via the same NRC Internet web site, or

from Judy Goodwin, Division of Waste Management, Mail Stop T-7F3, U.S. Nuclear Regulatory

Commission, Washington, D.C. 20005, telephone: 301/415-5870.

###
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Philip Gay,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Grill Concepts, Inc. on Form 10-Q for the quarterly period ended July 1, 2007 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Form 10-Q fairly presents in all material respects the financial condition and results of operations of Grill
Concepts, Inc.



By:

/s/ Philip GayName:

Philip GayTitle:

CEO and Principal Executive OfficerAugust 16, 2007
###### Editorial Note on Part 10

#### Editorial Note:

Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

#### § 10.561 Corrected claim or supporting statement.

An importer who makes a corrected claim under § 10.510(b) will not be subject to civil or administrative penalties under 19 U.S.C. 1592 for having made an incorrect claim or supporting statement, provided that the corrected claim is promptly and voluntarily made.
[Federal Register Volume 69, Number 201 (Tuesday, October 19, 2004)]
[Notices]
[Pages 61515-61516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23318]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency


Notice of Adjustment of Statewide Per Capita Impact Indicator

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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

SUMMARY: FEMA gives notice that the statewide per capita impact 
indicator under the Public Assistance program for disasters declared on 
or after October 1, 2004 will be increased.

DATES: Effective October 1, 2004 and applies to major disasters 
declared on or after October 1, 2004.

FOR FURTHER INFORMATION CONTACT: James A. Walke, Recovery Division, 
Federal Emergency Management Agency, Washington, DC 20472, and (202) 
646-3834.

SUPPLEMENTARY INFORMATION: 44 CFR 206.48 provides that FEMA will adjust 
the statewide per capita impact indicator under the Public Assistance 
program to reflect changes in the Consumer Price Index for All Urban 
Consumers published by the Department of Labor.
    FEMA gives notice that the statewide per capita impact indicator 
will be increased to $1.14 for all disasters declared on or after 
October 1, 2004.
    FEMA bases the adjustment on an increase in the Consumer Price 
Index for All Urban Consumers of 2.7 percent for the 12-month period 
ended in August 2004. The Bureau of Labor Statistics of the U.S. 
Department of Labor released the information on September 16, 2004.


[[Page 61516]]


(Catalog of Federal Domestic Assistance No. 97.036, Public 
Assistance Grants)

Michael D. Brown,
Under Secretary, Emergency Preparedness and Response, Department of 
Homeland Security.
[FR Doc. 04-23318 Filed 10-18-04; 8:45 am]
BILLING CODE 9110-10-P
United States Nuclear Regulatory Commission

Office of Public Affairs, Region II

61 Forsyth Street, Suite 23T85, Atlanta, GA 30303

Tel. 404-562-4416 or 4417 Fax 404-562-4980

Internet: kmc2@nrc.gov or rdh1@nrc.gov

No: II-99-56

November 26, 1999

NRC STAFF TO HOLD PERFORMANCE EVALUATION

AT FRAMATOME COGEMAFUELS IN LYNCHBURG

Meeting Will Be Open To Observation By The Public

Nuclear Regulatory Commission officials will meet with officials of the Framatome

Cogema commercial nuclear fuel plant in Lynchburg, Virginia at 10:00 a.m. on Tuesday,

November 30, to discuss details of an NRC staff review of regulatory safety performance at

the facility.

The meeting, to be held at the Framatome Cogema facility on Mt. Athos Road, is open to

observation by the public and the press. NRC officials will be available at its conclusion to

answer questions from those who attend.

The NRC staff evaluated regulatory safety performance at the plant in five major areas

consisting of safety operations, safeguards, radiological controls, facility support and special

topics. The review identified no areas as needing improvement. NRC officials said this

represented a “marked improvement” at the facility and that the plant’s most significant

challenge is “continuing to strengthen” its “management attention to the corrective action

program.”

The Framatome Cogema plant at Lynchburg fabricates uranium fuel for use in commercial

nuclear electrical generating plants.

#
#### § 143.12 Form of entry.

Application for an entry by appraisement shall be made in triplicate on the entry summary, Customs Form 7501, or its electronic equivalent.

[T.D. 84-129, 49 FR 23168, June 5, 1984, as amended by CBP Dec. 15-14, 80 FR 61289, Oct. 13, 2015]
[Federal Register Volume 69, Number 201 (Tuesday, October 19, 2004)]
[Notices]
[Pages 61467-61468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23363]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Madera County Resource Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of Resource Advisory Committee Meeting.

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

SUMMARY: Pursuant to the authorities in the Federal Advisory Committee 
Act of 1972 (Pub. L. 92-463) and under the secure Rural Schools and 
Community Self-Determination Act of 2000 (Pub. L. 106-393) the Sierra 
National Forest's

[[Page 61468]]

Resource Advisory Committee for Madera County will meet on Monday, 
October 18, 2004. The Madera Resource Advisory Committee will meet at 
the Forest Service Office, North Fork, CA 93643. The purpose of the 
meeting is: new member orientation and review FY 2004 RAC proposals.

DATES: The Madera Resource Advisory Committee meeting will be held 
Monday, October 18, 2004. The meeting will be held from 7 p.m. to 9 
p.m.

ADDRESSES: The Madera County RAC meeting will be held at the Forest 
Service Office, 57003 Road 225, North Fork, CA 93644.

FOR FURTHER INFORMATION CONTACT: Dave Martin, U.S.D.A., Sierra National 
Forest, Bass Lake Ranger District, 57003 Road 225, North Fork, CA 93643 
(559) 877-2218 ext. 3100; e-mail: dmartin05fs.fed.us.

SUPPLEMENTARY INFORMATION: Agenda items to be covered include: (1) New 
member orientation and (2) review of FY 2004 RAC proposals.

    Dated: October 11, 2004.
David W. Martin,
District Ranger, Bass Lake Ranger District.
[FR Doc. 04-23363 Filed 10-18-04; 8:45 am]
BILLING CODE 3410-11-M
#### In the Matter of George E. Reynolds, Appellant. City of New York, Respondent.

Present — Peek, P. J., Glennon, Callahan and Shientag, JJ. [See 278 App. Div, 917.]
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CIVIL ACTION NO. 20-22945-CIV-SCOLA/TORRES 

CARNIVAL CORPORATION, 

Plaintiff, 

v. 

DECURTIS CORPORATION and 

DECURTIS LLC 

 Defendants. 

 

DECURTIS LLC, 

Plaintiff, 

v. 

CARNIVAL CORPORATION, 

Defendant. 

 

[PROPOSED] ORDER GRANTING CARNIVAL CORPORATION’S MOTION TO 

PLACE UNDER SEAL ECF NOS. 285-1 AND 290 AND REPLACE SAME 

THIS CAUSE is before the Court upon Carnival Corporation’s (“Carnival”) Motion to 

Place Under Seal ECF Nos. 285-1 and 290 and Replace Same, dated April 28, 2022 (“Motion”). 

 Having considered Carnival’s Motion, it is hereby ORDERED AND ADJUDGED that 

Carnival’s Motion is GRANTED and the Clerk is directed as follows: 

 1. The Clerk is directed to seal ECF No. 285-1 and replace it in the public record 

with Exhibit A attached to Carnival’s Motion. 

 2. The unredacted version of ECF No. 285-1 shall remain sealed until further order 

of the Court. 

 3. The Clerk is directed to seal ECF No. 290 and replace it in the public record with 

Exhibit B attached to Carnival’s Motion. 

Case 1:20-cv-22945-RNS Document 293-3 Entered on FLSD Docket 04/28/2022 Page 1 of 2
 4. The unredacted version of ECF No. 290 shall remain sealed until further order of 

the Court. 

DONE AND ORDERED in Miami, Florida this ____ day of ___________, 2022 

 _____________________________ 

 Hon. Judge Edwin G. Torres 

Case 1:20-cv-22945-RNS Document 293-3 Entered on FLSD Docket 04/28/2022 Page 2 of 2
**Exhibit
32.1**
 
 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 PLM Equipment Growth & Income Fund
VII (the “Partnership”), on Form 10-QSB for the period ended June 30, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), the undersigned, the President of the General Partner and of the
Partnership, hereby certifies pursuant to 18 U.S.C. §1350 as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 that:
 
 (1)  the
Report of the Partnership filed today 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 results of operations of the
Partnership.
 
 
 
 /s/
James A. Coyne
 James A.
Coyne
 President
of PLM Financial Services, Inc.
 August
10, 2005
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY COMBINED FINANCIAL INFORMATION EXTRACTED FROM
HUSSMANN INTERNATIONAL'S COMBINED FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH COMBINED FINANCIAL STATEMENTS AND THE NOTES
THERETO.
</LEGEND>
<MULTIPLIER> 1,000,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                              38
<SECURITIES>                                         0
<RECEIVABLES>                                      211
<ALLOWANCES>                                         2
<INVENTORY>                                        147
<CURRENT-ASSETS>                                   401
<PP&E>                                             295
<DEPRECIATION>                                     135
<TOTAL-ASSETS>                                     614
<CURRENT-LIABILITIES>                              222
<BONDS>                                            174<F1>
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            38
<OTHER-SE>                                         149
<TOTAL-LIABILITY-AND-EQUITY>                       614
<SALES>                                          1,096
<TOTAL-REVENUES>                                 1,096
<CGS>                                              890
<TOTAL-COSTS>                                      890
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  19<F2>
<INCOME-PRETAX>                                    (3)
<INCOME-TAX>                                         9
<INCOME-CONTINUING>                               (13)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (13)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>In all years presented, Hussmann's former parent, Whitman managed all cash not
considered necessary for operating requirements.  Cash requirements to fund
Hussmann's operations were advanced by Whitman at the current commercial prime
rate.  The amounts reported here represent all amounts due to Whitman for the
respective perods.
<F2>Amounts include interest expense paid to Whitman, as described above, of $17.3,
$16.7, $14.7, $13.5 and $8.1, respectively.
</FN>


</TABLE>