alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-cv-23478-COOKE/O’SULLIVAN

LUIS RAMOS,

Plaintiff,

vs.

KILOLO KIJAKAZI, Commissioner of Social

Security,

Defendant.

____________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S 

REPORT AND RECOMMENDATION

THIS MATTER is before me on the Report and Recommendation (“R&R”) of the

Honorable John J. O’Sullivan, Chief U.S. Magistrate Judge, ECF No. 31, regarding the 

parties’ cross motions for summary judgment, ECF Nos. 24 and 25.

In his R&R, Judge O’Sullivan recommends that I deny Plaintiff’s motion, ECF No. 

24, and grant the Defendant’s motion, ECF No. 25. The parties have not filed objections to 

the R&R, and the time to do so has passed. 

I have reviewed the parties’ motions, the briefing and accompanying exhibits, Judge

O’Sullivan’s R&R, the record, and the relevant legal authorities. Having done so, I find 

Judge O’Sullivan’s R&R to be clear, cogent, and compelling. 

Accordingly, Judge O’Sullivan’s R&R is AFFIRMED and ADOPTED as the Order 

of this Court. It is hereby ORDERED and ADJUDGED that Plaintiff’s motion for 

summary judgment, ECF No. 24, is DENIED, and Defendant’s motion for summary 

judgment, ECF No. 25, is GRANTED. 

Case 1:20-cv-23478-MGC Document 32 Entered on FLSD Docket 12/02/2021 Page 1 of 2
2

DONE and ORDERED in chambers, at Miami, Florida, this 2

nd day of December 

2021.

Copies furnished to:

John J. O’Sullivan, Chief U.S. Magistrate Judge

Counsel of record

Case 1:20-cv-23478-MGC Document 32 Entered on FLSD Docket 12/02/2021 Page 2 of 2
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<RECEIVABLES>                               30,967,900
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<TOTAL-ASSETS>                             307,417,916
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<OTHER-EXPENSES>                            13,956,219
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### SUBCHAPTER I—PROJECT LOANS
###### Editorial Note on Part 10

#### Editorial Note:

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

#### § 10.77 [Reserved]
§ 133.34 Effective date, term, and cancellation of recordation. ( a ) *Effective date.* Recordation of copyright and protection thereunder shall be effective on the date an application for recordation is approved, as shown on the recordation notice issued by the United States Customs Service instructing Customs officers as to the terms and conditions of import protection appropriate.
( b ) *Term.* The recordation of copyright shall remain in effect for 20 years unless the copyright ownership of the recordant expires before that time. If the ownership expires in less than 20 years, recordation shall remain in effect until the ownership expires. If the ownership has not expired after 20 years, recordation may be renewed as provided in § 133.37.
( c ) *Cancellation.* Recordation of a copyright with the United States Customs Service shall be canceled upon request of the recordant, or if the registration in the U.S. Copyright Office is finally canceled or revoked.
[T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 87-40, 52 FR 9475, Mar. 25, 1987]
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

 OFFICE OF PUBLIC AFFAIRS, REGION IV

 611 Ryan Plaza Drive - Suite 400

 Arlington TX 76011-8064

No. IV-01-034 June 14, 2001

CONTACT: Breck Henderson 

Phone: 817-860-8128

Cellular: 817-917-1227

e-mail: bwh@nrc.gov

NRC TO MEET WITH ENTERGY TO DISCUSS

SAFETY PERFORMANCE AT RIVER BEND

The U.S. Nuclear Regulatory Commission staff will meet with officials of Entergy Operations

Inc. on Thursday, June 21, to discuss the results of NRC's annual assessment of safety performance at

River Bend Nuclear Station, a nuclear power plant near St. Francisville, La.

The meeting will be held at 2 p.m. in the River Bend Station Training Center, 5485 US

Highway 61, St. Francisville. The public is invited to observe the meeting. NRC officials will be

available after the meeting to answer questions.

A letter sent from NRC Region IV to Entergy, which addresses plant safety performance during

the previous year and forms the basis of the meeting discussion, is available from the Region IV Office

of Public Affairs or on the NRC web site at: http://www.nrc.gov/OPA/ppr/. Current safety

performance information for River Bend is available on the NRC web site at:

http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/RBS1/rbs1_chart.html .

###
Analy sis of Tra nsport Wind Dir ections When O zo ne Lev els ar e

High in Maine

**State of Maine Department of Envir** **onmental Protection**

**Bur eau of Air Quality** Wind Dir ection Fr equency Plots 2008 - 13 Oz one Lev els > 59 ppbTr aject ories of O zo ne Ev en ts 2011 – 2013 With NO x Sour ces
#### L. P. Strean Laboratories, Inc., Respondent, v. Frederick A. Klenk, Doing Business under the Name of Excel Pharmacal Co., Appellant.

Order unanimously affirmed, with $20 costs and disbursements, with leave to the defendant to answer the complaint within ten days after service of the order, *844with notice of entry thereof, on payment of said costs. No opinion. Present — Peek, P. J., Glennon, Dore, Van Voorhis and Shientag, JJ.
Editorial Note on Part 10
Editorial Note: Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

§ 10.203 Eligibility criteria in general. An article classifiable under a subheading of the Harmonized Tariff Schedule of the United States for which a rate of duty of “Free” appears in the “Special” subcolumn followed by the symbol “J” or “J*” in parentheses is eligible for duty-free treatment, and will be accorded such treatment, if each of the following requirements is met: ( a ) *Imported directly.* The article is imported directly from a beneficiary country as provided in § 10.204.
( b ) *Country of origin criteria.* The article complies with the country of origin criteria set forth in § 10.205.
( c ) *Value content requirement.* The article complies with the value content requirement set forth in § 10.206.
( d ) *Filing of claim and submission of supporting documentation.* The claim for duty-free treatment is filed, and any required documentation in support of the claim is submitted, in accordance with the procedures set forth in § 10.207.
§ 162.92 Notice of seizure. ( a ) *Generally.* Customs will send written notice of seizure as provided in this section to all known interested parties as soon as practicable. Except as provided in paragraphs (b), (c) and (d) of this section, in no case may notice be sent more than 60 calendar days after the date of seizure. Any notice issued under this section will include all information that is required by § 162.31(a) and (b) of this part.
( b ) *Seizure by state or local authorities.* In a case in which property is seized by a state or local law enforcement agency and turned over to Customs for the purpose of forfeiture under Federal law, notice will be sent not more than 90 calendar days after the date of seizure by the State or local law enforcement agency.
( c ) *Identity or interest of party not determined.* If the identity or interest of a party is not determined until after the seizure or turnover, but it is determined before a declaration of forfeiture, notice will be sent to such interested party not later than 60 calendar days after the determination by Customs of the identity of the party or the party's interest.
( d ) *Extensions.* ( 1 ) The Assistant Secretary, Immigration and Customs Enforcement or the Commissioner of Customs and Border Protection for cases within their respective agencies, or their successors or designees, may extend the period for sending notice under this section for a period not to exceed 30 calendar days, if it is determined that issuance of the notice within 60 calendar days of seizure may have an adverse result, including: ( i ) Endangering the life or physical safety of an individual;
( ii ) Flight from prosecution;
( iii ) Destruction of or tampering with evidence;
( iv ) Intimidation of potential witnesses; or
( v ) Otherwise seriously jeopardizing an investigation or unduly delaying a trial.
( 2 ) The period for sending notice of seizure as provided in paragraph (d)(1) of this section may not be further extended except by order of a court of competent jurisdiction as prescribed in paragraph (e) of this section.
( e ) *Extensions by a court.* Upon motion by the Government, a court of competent jurisdiction may extend the period for sending notice for a period not to exceed 60 calendar days. This period may be further extended by the court for additional 60 calendar-day periods, as necessary, if the court determines, based on a written certification of the Assistant Commissioner, Investigations, or designee, that the conditions set forth in paragraph (d) of this section are present.
[T.D. 00-88, 65 FR 78091, Dec. 14, 2000, as amended by USCBP-2006-0122, 73 FR 9012, Feb. 19, 2007]
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

GREGORY GOODS,

 Plaintiff - Appellant,

 v.

BEHROZ HAMKAR,

 Defendant - Appellee.

No. 15-15796

D.C. No. 2:12-cv-1111-MCE-EFB

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Morrison C. England, Jr., Chief Judge, Presiding

Submitted February 24, 2016** 

Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges. 

Gregory Goods, a California state prisoner, appeals pro se from the district

court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate

indifference to his serious medical needs and retaliation for filing grievances. We

have jurisdiction under 28 U.S.C. § 1291. We review de novo and affirm. See

FILED

MAR 02 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * 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).
Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). 

The district court properly granted summary judgment on Goods’s deliberate

indifference claim because Goods failed to raise a genuine dispute of material fact

as to whether defendant was deliberately indifferent to his knee injury. See id. at

1057-60 (a prison official is deliberately indifferent only if he or she knows of and

disregards an excessive risk to an inmate’s health; medical malpractice, negligence,

or a difference of opinion concerning the course of treatment does not amount to

deliberate indifference); Hallett v. Morgan, 296 F.3d 732, 745-46 (9th Cir. 2002)

(where the prisoner is alleging that delay of medical treatment evinces deliberate

indifference, the prisoner must show that the delay led to further injury); see also

Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (if the harm is an isolated

exception to the prisoner’s overall treatment, it “‘ordinarily militates against a

finding of deliberate indifference’” (citation omitted)).

We do not consider issues which are not supported by argument. See

Acosta-Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir. 1993). 

AFFIRMED. 

2 15-15796
#### § 12.104f Temporary disposition of materials and articles.

Pending a final determination as to whether any archaeological or ethnological material, or any article of cultural property, has been imported into the U.S. in violation of 19 U.S.C. 2606 or 19 U.S.C. 2607, the Secretary may permit such material or article to be retained at a museum or other cultural or scientific institution in the U.S. if he finds that sufficient safeguards will be taken by the museum or institution for the protection of such material or article; and sufficient bond is posted by the museum or institution to ensure its return to the Secretary.
### §6708. Failure to maintain lists of advisees with respect to reportable transactions

#### (a) Imposition of penalty

#### (1) In general

If any person who is required to maintain a list under section 6112(a) fails to make such list available upon written request to the Secretary in accordance with section 6112(b) within 20 business days after the date of such request, such person shall pay a penalty of $10,000 for each day of such failure after such 20th day.

#### (2) Reasonable cause exception

No penalty shall be imposed by paragraph (1) with respect to the failure on any day if such failure is due to reasonable cause.

#### (b) Penalty in addition to other penalties

The penalty imposed by this section shall be in addition to any other penalty provided by law.

(Added Pub. L. 98–369, div. A, title I, §142(b), July 18, 1984, 98 Stat. 682; amended Pub. L. 99–514, title XV, §1534(a), Oct. 22, 1986, 100 Stat. 2750; Pub. L. 108–357, title VIII, §§815(b)(5)(A), 817(a), Oct. 22, 2004, 118 Stat. 1583, 1584.)

#### **Editorial Notes**

#### Codification

Another section 6708 was renumbered section 6709 of this title.

#### Amendments

2004—Pub. L. 108–357, §815(b)(5)(A), substituted "advisees with respect to reportable transactions" for "investors in potentially abusive tax shelters" in section catchline.

Subsec. (a). Pub. L. 108–357, §817(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "Any person who fails to meet any requirement imposed by section 6112 shall pay a penalty of $50 for each person with respect to whom there is such a failure, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The maximum penalty imposed under this subsection for any calendar year shall not exceed $100,000."

1986—Subsec. (a). Pub. L. 99–514 substituted "$100,000" for "$50,000".

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

#### Effective Date of 2004 Amendment

Amendment by section 815(b)(5)(A) of Pub. L. 108–357 applicable to transactions with respect to which material aid, assistance, or advice referred to in section 6111(b)(1)(A)(i) of this title is provided after Oct. 22, 2004, see section 815(c) of Pub. L. 108–357, set out as a note under section 6111 of this title.

Pub. L. 108–357, title VIII, §817(b), Oct. 22, 2004, 118 Stat. 1584, provided that: "The amendment made by this section [amending this section] shall apply to requests made after the date of the enactment of this Act [Oct. 22, 2004]."

#### Effective Date of 1986 Amendment

Pub. L. 99–514, title XV, §1534(b), Oct. 22, 1986, 100 Stat. 2750, provided that: "The amendments made by this section [amending this section] shall apply to failures occurring or continuing after the date of the enactment of this Act [Oct. 22, 1986]."

#### Effective Date

Section applicable to any interest which is first sold to any investor after Aug. 31, 1984, see section 142(d) of Pub. L. 98–369, set out as a note under section 6112 of this title.
<PAGE>

                                                                    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 on Form 10-Q/A for the period ended
September 30, 2004, of Synagro Technologies, Inc. (the "Company"), as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I, J.
Paul Withrow, certify that, to the best of my knowledge, the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company and that the Report fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934.



                                    /s/ J. Paul Withrow
                                    -----------------------------------
                                    J. Paul Withrow
                                    March 21, 2005
§ 67.3 Establishment and maintenance of a flood elevation determination docket (FEDD). The Federal Insurance Administrator shall establish a docket of all matters pertaining to flood elevation determinations. The docket files shall contain the following information: ( a ) The name of the community subject to the flood elevation determination;
( b ) A copy of the notice of the proposed flood elevation determination to the Chief Executive Officer (CEO) of the Community;
( c ) A copy of the notice of the proposed flood elevation determination published in a prominent local newspaper of the community;
( d ) A copy of the notice of the proposed flood elevation determination published in the Federal Register;
( e ) Copies of all appeals by private persons received by the Federal Insurance Administrator from the CEO;
( f ) Copies of all comments received by the Federal Insurance Administrator on the notice of the proposed flood elevation determination published in the Federal Register.
( g ) A copy of the community's appeal or a copy of its decision not to appeal the proposed flood elevation determination;
( h ) A copy of the flood insurance study for the community;
( i ) A copy of the FIRM for the community;
( j ) Copies of all materials maintained in the flood elevation study consultation docket; and
( k ) A copy of the final determination with supporting documents.
[41 FR 46989, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1979, as amended at 48 FR 44553, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984]
#### § 123.62 Baggage in possession of traveler.

For baggage arriving in the actual possession of a traveler, his declaration shall be accepted in lieu of an inward foreign manifest. (See § 123.3.)

[T.D. 70-121, 35 FR 8215, May 26, 1970, as amended by T.D. 73-72, 38 FR 2449, Jan. 26, 1973]
### §1223. Funding criteria

(a) Funds available to institutes under sections 1221 and 1222 of this title shall be paid at such times and in such amounts during each fiscal year as determined by the Secretary, and upon vouchers approved by him. Each institute shall—

(1) set forth its plan to provide for the training of individuals as mineral engineers and scientists under a curriculum appropriate to the field of mineral resources and mineral engineering and related fields;

(2) set forth policies and procedures which assure that Federal funds made available under this subchapter for any fiscal year will supplement and, to the extent practicable, increase the level of funds that would, in the absence of such Federal funds, be made available for purposes of this subchapter, and in no case supplant such funds; and

(3) have an officer appointed by its governing authority who shall receive and account for all funds paid under the provisions of this subchapter and shall make an annual report to the Secretary on or before the first day of September of each year, on work accomplished and the status of projects underway, together with a detailed statement of the amounts received under any provisions of this subchapter during the preceding fiscal year, and of its disbursements on schedules prescribed by the Secretary.

If any of the funds received by the authorized receiving officer of any institute under the provisions of this subchapter shall by any action or contingency be found by the Secretary to have been improperly diminished, lost, or misapplied, such funds shall be replaced by the State concerned and until so replaced no subsequent appropriation shall be allotted or paid to any institute of such State.

(b) The institutes are authorized and encouraged to plan and conduct programs under this subchapter in cooperation with each other and with such other agencies and individuals as may contribute to the solution of the mining and mineral resources problems involved. Moneys appropriated pursuant to this subchapter shall be available for paying the necessary expenses of planning, coordinating, and conducting such cooperative research.

(Pub. L. 98–409, §3, Aug. 29, 1984, 98 Stat. 1538.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Mining and Mineral Resources Research Institute Act of 1984, and not as part of the Surface Mining Control and Reclamation Act of 1977 which comprises this chapter.

#### Prior Provisions

A prior section 1223, Pub. L. 95–87, title III, §303, Aug. 3, 1977, 91 Stat. 453, contained provisions similar to this section covering fiscal years 1978 through 1984.
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<PERIOD-START>                             MAY-29-1997
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<CASH>                                          27,926
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<CURRENT-LIABILITIES>                           52,272
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<SALES>                                          2,348
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<CGS>                                            5,259
<TOTAL-COSTS>                                   11,237
<OTHER-EXPENSES>                                23,860
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              24,393
<INCOME-PRETAX>                               (13,981)
<INCOME-TAX>                                   (5,129)
<INCOME-CONTINUING>                            (8,852)
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<CHANGES>                                            0
<NET-INCOME>                                   (8,852)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0


</TABLE>