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NOT FOR PUBLICATION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

MARK WILLIAM STANLEY,

 Plaintiff - Appellant,

 v.

SUPERIOR COURT OF CALIFORNIA,

South County Regional Center; et al.,

 Defendants - Appellees.

No. 08-55752

D.C. No. 3:07-cv-01226-H-BLM

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Marilyn L. Huff, District Judge, Presiding

Submitted July 12, 2011** 

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.

Mark William Stanley, a California state prisoner, appeals pro se from the

district court’s order dismissing his 42 U.S.C. § 1983 action alleging denial of

access to courts and related state law claims. We have jurisdiction under 28 U.S.C.

FILED

JUL 25 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-55752

§ 1291. We review de novo a dismissal for failure to state a claim under 28 U.S.C.

§§ 1915A and 1915(e)(2)(B)(ii). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.

2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We

affirm.

The district court properly dismissed Stanley’s access-to-courts claim

because an inmate’s constitutional right to access the courts is limited to attacks on

his or her conviction, sentence, or conditions of confinement. See Lewis v. Casey,

518 U.S. 343, 355 (1996). “Impairment of any other litigating capacity is simply

one of the incidental (and perfectly constitutional) consequences of conviction and

incarceration.” Id. (emphasis in original).

Stanley’s remaining contentions are unpersuasive.

We assume that the district court declined to exercise supplemental

jurisdiction over Stanley’s state law claims after dismissing his § 1983 claim, and

therefore construe the dismissal of these claims to have been without prejudice. 

See 28 U.S.C. § 1367(c)(3); cf. Gini v. Las Vegas Metro. Police Dep’t, 40 F.3d

1041, 1046 (9th Cir. 1994) (requiring clarification on remand that dismissal based

on declining supplemental jurisdiction was without prejudice).

AFFIRMED.
#### § 125.35 Report of loss, detention, or accident.

Any loss or detention of bonded merchandise, or any accident happening to a vehicle or lighter while carrying bonded merchandise shall be immediately reported by the cartman, lighterman, qualified bonded carrier, foreign trade zone operator, bonded warehouse proprietor, container station operator or centralized examination station operator to the port director.

[T.D. 94-81, 59 FR 51496, Oct. 12, 1994]
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, DC 20555-0001 E-mail: opa@nrc.gov 

 Web Site: www.nrc.gov

No. 02-137 November 26, 2002

NRC APPROVES POWER UPRATE FOR INDIAN POINT 3 NUCLEAR PLANT

The Nuclear Regulatory Commission has approved a request by Entergy Nuclear Operations to

increase the generating capacity of the Indian Point 3 nuclear power plant by 1.4 percent.

The power uprate at the plant, located in Buchanan, New York, will increase the generating

capacity of Unit 3 from 1027 megawatts electric to 1041. The licensee intends to implement the power

uprate in mid-December.

NRC published a notice about the power uprate application in the Federal Register providing

the public an opportunity to comment or request a hearing. No comments or hearing requests were

received by the NRC.

 The NRC’s safety evaluation of the requested power uprate for the plant focused on several

areas, including nuclear steam supply systems, instrumentation and control systems, electrical systems,

accident evaluations, radiological consequences, operations, and other technical specification changes.

The NRC staff determined that the licensee could safely increase the power output of the reactor

primarily through increased feedwater flow measurement accuracy.

###
# Fourth Court of Appeals

**San Antonio, Texas**

MEMORANDUM OPINION

No. 04

- 20

- 00183

- CV

IN RE David E. ZAPATA

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Rebeca C. Martinez, Justice

Irene Rios, Justice

Liza A. Rodriguez, Justice

Delivered and Filed: April 8, 2020

PETITION FOR WRIT OF MANDAMUS DENIED

On March 30, 2020, r elator filed a petition for writ of mandamus. After considering the

petition and the record, this court concludes relator is not entitled to the relief sought. Accordingly,

the petition for writ of mandamus is denied. See T EX

. R. A PP

. P . 52.8(a).

PER CURIAM

1 This proceeding arises out of Cause No. 2018CI23884, styled Christopher Sean Miller and Christy Miller v. David

E. Zapata , pending in the 150th Judicial District Court, Bexar County, Texas, the Honorable Monique Diaz presiding.
Editorial Note on Part 351
Editorial Note: Nomenclature changes to part 351 appear at 78 FR 62418, Oct. 22, 2013.

Editorial Note on Part 351
Editorial Note: Nomenclature changes to part 351 appear at 89 FR 20832, Mar. 25, 2024.

§ 351.211 Antidumping order and countervailing duty order. ( a ) *Introduction.* The Secretary issues an order when both the Secretary and the Commission (except in certain countervailing duty investigations) have made final affirmative determinations. The issuance of an order ends the investigative phase of a proceeding. Generally, upon the issuance of an order, importers no longer may post bonds as security for antidumping or countervailing duties, but instead must make a cash deposit of estimated duties. An order remains in effect until it is revoked. This section contains rules regarding the issuance of orders in general, as well as special rules for orders where the Commission has found a regional industry to exist.
( b ) *In general.* Not later than seven days after receipt of notice of an affirmative final injury determination by the Commission under section 705(b) or section 735(b) of the Act, or, in a countervailing duty proceeding involving subject merchandise from a country not entitled to an injury test (*see* § 351.101(b)), simultaneously with publication of an affirmative final countervailing duty determination by the Secretary, the Secretary will publish in the Federal Register an “Antidumping Order” or “Countervailing Duty Order” that: ( 1 ) Instructs U.S. Customs and Border Protection to assess antidumping duties or countervailing duties (whichever is applicable) on the subject merchandise, in accordance with the Secretary's instructions at the completion of each review requested under § 351.213(b) (administrative review), § 351.214(b) (new shipper review), or § 351.215(b) (expedited antidumping review), or if a review is not requested, in accordance with the Secretary's assessment instructions under § 351.212(c);
( 2 ) Instructs U.S. Customs and Border Protection to require a cash deposit of estimated antidumping or countervailing duties at the rates included in the Secretary's final determination; and
( 3 ) Orders the suspension of liquidation ended for all entries of the subject merchandise entered, or withdrawn from warehouse, for consumption before the date of publication of the Commission's final determination, and instructs U.S. Customs and Border Protection to release the cash deposit or bond on those entries, if in its final determination, the Commission found a threat of material injury or material retardation of the establishment of an industry, unless the Commission in its final determination also found that, absent the suspension of liquidation ordered under section 703(d)(2) or section 733(d)(2) of the Act, it would have found material injury (*see* section 706(b) or section 736(b) of the Act).
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEETS AND THE CONDENSED CONSOLIDATED STATEMENTS
OF OPERATIONS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                      26,508,916
<SECURITIES>                                14,860,556
<RECEIVABLES>                                  289,971
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            42,100,187
<PP&E>                                       2,356,546
<DEPRECIATION>                                 898,007
<TOTAL-ASSETS>                              43,962,853
<CURRENT-LIABILITIES>                        3,602,910
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       123,721
<OTHER-SE>                                  39,174,725
<TOTAL-LIABILITY-AND-EQUITY>                43,962,853
<SALES>                                              0
<TOTAL-REVENUES>                             1,154,971
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             4,790,936
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (3,112,126)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (3,112,126)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (3,112,126)
<EPS-PRIMARY>                                   (0.25)
<EPS-DILUTED>                                   (0.25)
        

</TABLE>
MIAD SYSTEMS LTD.
               43 RIVIERA DRIVE, UNIT 7, MARKHAM, ONTARIO L3R-5J6
               (800) 387-9864, (905) 479-0214, FAX: (905) 479-9472

Mr. John Pryce                                                         Nov 22/01

Dear Sir:

     Position offer as follows:

     Term of one year renewable based on performance.

          Position: Senior Vice President. Sales.

          Responsible for:

               -MIAD sales development
               -Management of sales staff
               -Manage own customer base:3-5 million
               -Development of corporate sales plans
               -Hiring of new sales staff

          Package:

               -75k base - paid bi-monthly
               -$600/month car allowance
               -Regular business expenses - paid monthly
               -3 weeks vacation
               -Regular company benefits
               -Commission & bonus plan based on:

                    1: your sales accounts..

                        ..2% commission on revenue where GP is 10%+

                        ...1 .1/2 between 6% & 10%

                        ..1% below 6%

                        ..IO% of G.P. for your a/c's

                        .. 5% of Web design a/c's

                        Commission paid 15th of subsequent month.

                    2: annual Company revenue (current revenue Y/E Sept
                       30/01 8.2 million)

                        Bonus levels..12 million = 10k

                        15 million = 25k for each subsequent million=5k



                                                                  cont'd page 2.


<PAGE>


                                MIAD SYSTEMS LTD.
               43 RIVIERA DRIVE, UNIT 7, MARKHAM, ONTARIO, L3R-5J6
               (800) 387-9864, (905) 479-0214, FAX: (905) 479-9472




                    3: Stock options(eligible alter 6 months)

                        ..25,000 common shares(currently traded at 1.75US$)

                        1/4 per year can be exercised after date of being
                        eligible. All must be exercised by the 5th year.

                        Price is the current price as of the date granted.

                        Eligibility is based upon performance for the first
                        6 months.

 The Company agrees to a payment of $37,500.00 if terminated without cause in
 the first year.

                                      Yours truly,

                                            /S/   M.A.S. Green
                                            ------------------------------
                                            Michael A.S.Green, President.






 I accept this offer.

                                      signed:

                                            /S/   J.Pryce
                                            ----------------------------
                                            John Pryce




Employment to commence Jan. 15/02

Note: Manufacturers' bonuses belong to the company with some exceptions to be
      discussed.
§ 201.37 Changing the time, place, subject matter, or determination to open or close a meeting following a public notice. ( a ) The time or place of a Commission meeting may be changed following a public announcement required by § 201.35 only if the Commission publicly announces such change or changes at the earliest practicable time by issuing an appropriate amendment to the public notice as required by § 201.35.
( b ) The subject matter or matters of a Commission meeting or the determination of the Commission to open or close a meeting, or portion of a meeting, to the public may be changed following a public announcement required by § 201.35 only if: ( i ) A majority of the entire membership of the Commission determines by recorded vote that Commission business so requires and that no earlier announcement of the change was possible and
( ii ) The Commission publicly announces such change in subject matter or such change in the determination of the Commission to open or close a meeting, or a portion of a meeting, to the public and the vote of each Commissioner upon such change or changes in a subsequent amendment of the public notice required by § 201.35.
###### Editorial Note on Part 151

#### Editorial Note:

Nomenclature changes to part 151 appear by CBP Dec. No. 16-26, 81 FR 93021, Dec. 20, 2016.

#### § 151.22 Estimated duties on raw sugar.

Estimated duties shall be taken on raw sugar, as defined in Subheading Note 1 to Chapter 17, Harmonized Tariff Schedule of the United States, on the basis of not less than 96° polariscopic test unless the invoice shows that the sugar is of a lower grade than that of the ordinary commercial shipment.

[T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 89-1, 53 FR 51268, Dec. 21, 1988]
Home > NRC Library > ADAMS Public Documents

# SECY-02-0062 - Calendar Year 2001 Reactor Oversight Process Self Assessment

Accession Number: ML020710781

Date Released: Monday, April 15, 2002

Package Contents

The following links on this page are to Adobe Portable Document Format (PDF) files. To obtain a free viewer for displaying this format, see our Plugins, Viewers, and Other Tools.
    - ML020710792 - SECY-02-0062 - Calendar Year 2001 Reactor Oversight Process Self Assessment (40 page(s), 4/3/2002)
    - ML020710796 - SECY-02-0062-Attachment 2 - Reactor Oversight Process (ROP) Performance Metrics (36 page(s), 4/3/2002)
    - ML020730743 - SECY-02-0062-Attachment 6-Resident Inspector Demographics (11 page(s), 4/3/2002)

Privacy PolicySite Disclaimer
§ 18.10 Special manifest. ( a ) *General.* Merchandise for which no other type of bonded movement is appropriate (e.g., prematurely discharged or overcarried merchandise and other such types of movements whereby the normal transportation-in-bond procedures are not applicable) may be shipped in-bond from the port of unlading to the port of destination, port of exportation or port of diversion where applicable, upon approval by CBP.
( b ) *Filing requirements.* The carrier or any of the parties named in § 18.1(c) may, in accordance with the filing requirements of § 18.1, submit an in-bond application, requesting permission to transport merchandise described in paragraph (a) of this section in-bond as a special manifest. Authorization for the movement of merchandise will be transmitted via a CBP-approved EDI system. The party submitting the in-bond application must identify the relevant merchandise and also identify the date and entry number of any entry made at the port of destination covering the merchandise to be returned, if known. For diversion of cargo, see §§ 4.33, 4.34, and 18.5 of this chapter. When no entry is identified, the port director may approve the shipment pursuant to this section.
### §4. Investigation of lignite coal and peat

The Secretary of the Interior is authorized and directed to make experiments and investigations, through the United States Bureau of Mines, of lignite coals and peat, to determine the commercial and economic practicability of their utilization in producing fuel oil, gasoline substitutes, ammonia, tar, solid fuels, gas for power, and other purposes. The Secretary of the Interior is authorized and directed subject to applicable regulations under chapters 1 to 11 of title 40 and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41 to sell or otherwise dispose of any property, plant, or machinery purchased or acquired under the provisions of this section, as soon as the experiments and investigations authorized have been concluded, and report the results of such experiments and investigations to Congress.

(Feb. 25, 1919, ch. 23, §§1, 2, 40 Stat. 1154; Ex. Ord. No. 4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934; Oct. 31, 1951, ch. 654, §2(18), 65 Stat. 707; Pub. L. 102–285, §10(b), May 18, 1992, 106 Stat. 172.)

#### **Editorial Notes**

#### Codification

In text, "chapters 1 to 11 of title 40 and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41" substituted for "the Federal Property and Administrative Services Act of 1949, as amended" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

First sentence of this section is from first clause of section 1 of act Feb. 25, 1919. Second sentence is from section 2 of said act.

#### Amendments

1951—Act Oct. 31, 1951, inserted reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended.

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

#### Change of Name

"United States Bureau of Mines" substituted in text for "Bureau of Mines" pursuant to section 10(b) of Pub. L. 102–285, set out as a note under section 1 of this title. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this title.
-       - Superintendent of Documents
      - 2023-09-02T03:55:33-0400
      - Government Publishing Office, Washington, DC 20401
      - Government Publishing Office
      - Government Publishing Office attests that this document has not been altered since it was disseminated by Government Publishing Office
§ 207.113 The record. ( a ) *Definition of the record.* The record shall consist of— ( 1 ) The charging letter and response, motions and responses, and other documents and exhibits properly filed with the Commission Secretary;
( 2 ) All orders, notices, and the recommended or initial determinations of the administrative law judge;
( 3 ) Orders, notices, and any final determination of the Commission;
( 4 ) Hearing transcripts, and evidence admitted at the hearing; and
( 5 ) Any other items certified into the record by the administrative law judge.
( b ) *Certification of the record.* The record shall be certified to the Commission by the administrative law judge upon his or her filing of the initial determination.
§ 10001.4 Responses to Privacy Act requests. ( a ) *Acknowledgement.* The Privacy Act Officer shall provide you with a written acknowledgment of your written request under section 3 within ten business days of our receipt of your request.
( b ) *Grants of requests.* If you make your request in person, the Privacy Act Officer shall respond to your request directly, either by granting you access to the requested records, upon payment of any applicable fee and with a written record of the grant of your request and receipt of the records, or by informing you when a response may be expected. If you are accompanied by another person, you must authorize in writing any discussion of the records in the presence of the third person. If your request is in writing, the Privacy Act Officer shall provide you with written notice of the Council's decision to grant your request and the amount of any applicable fee. The Privacy Act Officer shall disclose the records to you promptly, upon payment of any applicable fee.
( c ) *Denials of requests in whole or in part.* The Privacy Act Officer shall notify you in writing of his or her determination to deny, in whole or in part, your request. This writing shall include the following information: ( 1 ) The name and title or position of the person responsible for the denial;
( 2 ) A brief statement of the reason for the denial(s), including any applicable Privacy Act exemption;
( 3 ) A statement that you may appeal the denial and a brief description of the requirements for appeal under § 10001.5.
( d ) *Request for records not covered by the Privacy Act or subject to Privacy Act exemption.* If the Privacy Act Officer determines that a requested record is not subject to the Privacy Act or the records are subject to Privacy Act exemption, your request will be processed in accordance with the Council's Freedom of Information Act procedures at 5 CFR part 10000.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Public Notice 4850] 

Based upon a review of the Administrative Record assembled in this matter, and in consultation with the Attorney General and the Secretary of the Treasury, the Secretary of State has concluded that there is a sufficient factual basis to find that the relevant circumstances described in section 219 of the Immigration and Nationality Act, as amended (8 U.S.C. 1189, hereinafter “INA”), exist with respect to Jam'at al Tawhid wa'al-Jihad. 

Therefore, effective October 15, 2004, the Secretary of State hereby designates that organization as a foreign terrorist organization pursuant to section 219(1) of the INA. 

Dated: October 8, 2004. 

Ambassador Cofer Black, 

Coordinator for Counterterrorism, Department of State. 

[FR Doc. 04-23173 Filed 10-14-04; 5:00 pm] 

BILLING CODE 4710-10-P