alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §1297. Guidelines for cost-effectiveness analysis

Any guidelines for cost-effectiveness analysis published by the Administrator under this subchapter shall provide for the identification and selection of cost effective alternatives to comply with the objectives and goals of this chapter and sections 1281(b), 1281(d), 1281(g)(2)(A), and 1311(b)(2)(B) of this title.

(June 30, 1948, ch. 758, title II, §217, as added Pub. L. 95–217, §41, Dec. 27, 1977, 91 Stat. 1582.)
|  |
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|  |  |
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| ** ** |
|------------|

|   | ****Carlo Gambino**** 
1,011 pages

Carlo Gambino was investigated by the FBI for various criminal violations. In 1970, Gambino, said to be the "Boss of Bosses" was described as the most powerful racketeer in the country.

**Part 1a**
**Part 1b**
**Part 2a**
**Part 2b**
**Part 2c**
**Part 3a**
**Part 3b**
**Part 4a**
**Part 4b**
**Part 5a**
**Part 5b**
**Part 5c**
**Part 6a**
**Part 6b**

Introduction
Reading Room Index - A   B   C   D   E    F   G- H   I    J    K   L   M   N   -O   P   Q   R   S   T   U-V   W   X   Y   Z   
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-6553

TAVON MARTEZ MOUZONE,

Petitioner - Appellant,

v.

WARDEN FRANK BISHOP, JR.; THE ATTORNEY GENERAL OF THE 

STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. 

Ellen L. Hollander, District Judge. (1:16-cv-04023-ELH)

Submitted: August 16, 2018 Decided: August 21, 2018

Before WYNN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Tavon Mouzone, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Tavon Martez Mouzone seeks to appeal the district court’s order dismissing as 

untimely his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a 

circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) 

(2012). A certificate of appealability will not issue absent “a substantial showing of the 

denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court 

denies relief on the merits, a prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that the district court’s assessment of the constitutional 

claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see

Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief 

on procedural grounds, the prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the petition states a debatable claim of the denial of a 

constitutional right. Slack, 529 U.S. at 484-85. 

We have independently reviewed the record and conclude that Mouzone has not 

made the requisite showing. Accordingly, we deny a certificate of appealability and 

dismiss the appeal. We dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before this court and argument 

would not aid the decisional process. 

DISMISSED
### §304. Enlistment oath

Each person enlisting in the National Guard shall sign an enlistment contract and subscribe to the following oath:

"I do hereby acknowledge to have voluntarily enlisted this ____ day of ________, 19__, in the ____________ National Guard of the State of ____________ for a period of ____ year(s) under the conditions prescribed by law, unless sooner discharged by proper authority.

"I, ________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and of the State of ____________ against all enemies, foreign and domestic; that I will bear true faith and allegiance to them; and that I will obey the orders of the President of the United States and the Governor of ____________ and the orders of the officers appointed over me, according to law and regulations. So help me God."

The oath may be taken before any officer of the National Guard of the State or Territory, or of Puerto Rico, or the District of Columbia, as the case may be, or before any other person authorized by the law of the jurisdiction concerned to administer oaths of enlistment in the National Guard.

(Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 87–751, §2, Oct. 5, 1962, 76 Stat. 748; Pub. L. 100–456, div. A, title XII, §1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 304 | 32:123. | June 3, 1916, ch. 134, §70; restated June 4, 1920, ch. 227, subch. I, §38; restated June 15, 1933, ch. 87, §8, 48 Stat. 156; June 19, 1935, ch. 277, §3, 49 Stat. 391; July 9, 1952, ch. 608, §806(b), 66 Stat. 506. |

The words "or affirmation" are omitted as covered by the definition of the word "oath" in section 1 of title 1. The words "Each person" are substituted for the word "Men". The words "____________ National Guard" are substituted for the words "National Guard (Air National Guard)".

#### **Editorial Notes**

#### Amendments

1988—Pub. L. 100–456 struck out "the Canal Zone," after "Puerto Rico,".

1962—Pub. L. 87–751 substituted "support and defend the Constitution of the United States and of the State of ____________ against all enemies, foreign and domestic; that I will bear true faith and allegiance to them" for "bear true faith and allegiance to the United States of America and to the State of ____________: That I will serve them honestly and faithfully against all their enemies whomsoever" and inserted "So help me God."

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

#### Effective Date of 1962 Amendment

Amendment by Pub. L. 87–751 not to effect any oath taken before one year after Oct. 5, 1962, see section 3 of Pub. L. 87–751, set out as a note under section 502 of Title 10, Armed Forces.
<PAGE>   1
                                                                   EXHIBIT 10.12



                            FOURTH AMENDMENT TO LEASE

       This FOURTH AMENDMENT TO LEASE ("Amendment") is made this 1st day of July
1, 1997, by and between the Trustees Under the Will and of the Estate of James
Campbell, deceased, acting in their fiduciary and not their individual
capacities ("Landlord"), and Planet Polymer Technologies, Inc., a California
corporation ("Tenant").

       WHEREAS, Landlord and Tenant entered into a lease dated July 11, 1992, as
amended by First Amendment to Lease dated August 13, 1992, by Second Amendment
to Lease dated May 3, 1994, and by Third Amendment to Lease dated April 17,
1996, covering certain premises located at 9985 Business Park Avenue, Suite A,
(the "Premises") City of San Diego, County of San Diego, State of California
(the "Lease").

       WHEREAS, it is the mutual desire of the parties hereto to amend the Lease
and to enter into certain other agreements as hereinafter specified:

       NOW, THEREFORE, in consideration of the mutual covenants and promises of
the parties, Landlord and Tenant agree as follows:

1.     Lease Term. The term of the Lease commenced July 20, 1992 and is hereby
       extended until July 31, 1999.

2.     Base Monthly Rent. On the Effective Date, Base Monthly Rent as defined in
       Paragraph 3 of the above referenced lease shall be adjusted as follows:

             Effective Date through 7/31/98              $4,316.80/month
             8/1/98 through 7/31/99                      $4,489.47/month

3.     Effective Date. The above referenced extension of the Lease term shall
       commence on August 1, 1997 (the "Effective Date").

Except as amended herein, all other terms and conditions of the Lease remain the
same and in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment on July 17,
1997:

Landlord:                              Tenant:


THE TRUSTEES UNDER THE WILL            PLANET POLYMER TECHNOLOGIES,
AND OF THE ESTATE OF JAMES             INC., a California corporation 
CAMPBELL, deceased, in their 
fiduciary and not in their individual
capacities

By: /s/ Roy S. Robins                  By: /s/ Robert J. Petcavich
   -------------------------------        --------------------------------

 Its: Director Mainland Properties      Its: CEO
     -----------------------------          ------------------------------

By: /s/ Sydni L. Robertson, CPM        By:
   -------------------------------        --------------------------------

 Its: Senior Asset Manager              Its:
     -----------------------------          ------------------------------
NRC NEWS

UNITED STATES NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS, REGION II

61 Forsyth Street SW, Atlanta GA 30303

Web Site: www.nrc.gov

No. II-05-024 April 28, 2005

CONTACT: Ken Clark (404)562-4416 E-mail: OPA2@nrc.gov

Roger Hannah (404)562-4417

 

NRC TO MEET WITH PROGRESS ENERGY OFFICIALS TO DISCUSS

 SAFETY PERFORMANCE AT CRYSTAL RIVER NUCLEAR POWER PLANT

The U.S. Nuclear Regulatory Commission staff will meet with Progress Energy officials on

Tuesday, May 10, to discuss the results of NRC's annual assessment of safety performance at the

Crystal River nuclear power plant near Crystal River, Fla. 

The meeting will be held at 10:30 a.m. at the Crystal River Nuclear Operations Training

Facility, 8200 W. Venable Street in Crystal River. The public is invited to observe the meeting, and

NRC officials will be available before its conclusion to answer any questions.

The NRC told Progress Energy that the Crystal River plant operated safely during 2004 and that

plant performance was at a level requiring no additional NRC oversight beyond routine inspections. A

letter from the NRC to Progress Energy detailing the results of the evaluation is available from Region

II Public Affairs and on the NRC web site at

www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/cr_2004q4.pdf . 

 Dr. William Travers, Administrator of the NRC Region II office in Atlanta, said “each year the

NRC staff rates the performance of the Crystal River plant and all of the nation’s other commercial

nuclear plants. This gives us a chance to discuss our assessment with the company, with local officials

and with residents near the plant. Our aim is to make this information available to the public and

answer any questions people may have about our oversight.”

Current performance indicators for Crystal River are available at

www.nrc.gov/NRR/OVERSIGHT/ASSESS/CR3/cr3_chart.html . 

###
### §108. Forfeiture of Federal benefits

If, within a time fixed by the President, a State fails to comply with a requirement of this title, or a regulation prescribed under this title, the National Guard of that State is barred, in whole or in part, as the President may prescribe, from receiving money or any other aid, benefit, or privilege authorized by law.

(Aug. 10, 1956, ch. 1041, 70A Stat. 600; Pub. L. 103–337, div. A, title IX, §904(c), Oct. 5, 1994, 108 Stat. 2827.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 108 | 32:24. | June 3, 1916, ch. 134, §116, 39 Stat. 212. |

The words "does not comply" are substituted for the words "shall * * * have failed or refused to comply". The words "a requirement of, or regulation prescribed under, this title" are substituted for the words "any requirement of this title, or any regulation promulgated thereunder and in aid thereof by the President or the Secretary of the Army". The words "money or any other aid" are substituted for the words "pecuniary or other aid". The words "or provided by this title or any other" are omitted as surplusage.

#### **Editorial Notes**

#### Amendments

1994—Pub. L. 103–337 amended section generally. Prior to amendment, section read as follows: "If, within a time to be fixed by the President, a State does not comply with or enforce a requirement of, or regulation prescribed under, this title its National Guard is barred, wholly or partly as the President may prescribe, from receiving money or any other aid, benefit, or privilege authorized by law."

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

#### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective at end of 90-day period beginning on Oct. 5, 1994, see section 904(d) of Pub. L. 103–337, set out as an Effective Date note under section 10501 of Title 10, Armed Forces.
NRC NEWS

UNITED STATES NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS, REGION II

61 Forsyth Street SW, Atlanta GA 30303

Web Site: www.nrc.gov

No. II-04-049 September 17 2004

CONTACT: Ken Clark (404)562-4416 E-mail: OPA2@nrc.gov

Roger Hannah (404)562-4417

NRC TO MEET WITH HONEYWELL OFFICIALS ON SEPTEMBER 30

TO DISCUSS LONG-TERM IMPROVEMENT PLANS FOR METROPOLIS PLANT

 The Nuclear Regulatory Commission staff will meet with officials of Honeywell International in

Metropolis, Illinois, on Thursday, September 30 to discuss the company’s long-term improvement plan

in response to issues identified following the December 22, 2003, release of uranium hexafluoride gas

to the environment. The plant converts uranium yellow cake into uranium hexafluoride which is then

shipped to processing plants for conversion into uranium fuel. 

 The meeting will be held from 2:00 to 4:00 p.m. in the Community Center at 516 Superman

Square. The public is invited to attend to observe and will have one or more opportunities to

communicate with the NRC after the business portion, but before the meeting is adjourned.

 A copy of the letter inviting Honeywell officials to the meeting is accessible from the NRC Office

of Public Affairs at the above address and on the NRC Internet Web Site at

http://www.nrc.gov/reading-rm/adams.html Help in using ADAMS is available by contacting the

NRC Public Document Room at 301 415-4737 or at 1 - 800 - 397-4209.

###
§ 151.121 Use of official authority; coercion; candidacy; prohibitions. A State or local officer or employee may not— ( a ) Use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; or
( b ) Directly or indirectly coerce, attempt to coerce, command, or advise a State or local officer or employee to pay, lend, or contribute anything of value to a political party, committee, organization, agency, or person for a political purpose.
( c ) Be a candidate for elective office if the salary of the employee is paid completely, directly or indirectly, by loans or grants made by the United States or a Federal agency.
[40 FR 42733, Sept. 16, 1975, as amended at 79 FR 25484, May 5, 2014]
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 1:20-CV-23169-ROSENBERG/GOODMAN

MARY ANN GUZY, 

Plaintiff,

v. 

QBE SPECIALTY INSURANCE

COMPANY, 

Defendant.

 /

ORDER ADOPTING REPORT AND RECOMMENDATION ON

DEFENDANT’S UNOPPOSED SUPPLEMENTAL MOTION FOR ATTORNEYS’ FEES

This matter comes before the Court on Defendant, QBE Specialty Insurance Company’s 

Unopposed Motion for Attorneys’ Fees. DE 119. Defendant represents in the Motion that 

Plaintiff, Mary Ann Guzy, does not dispute the requested fees. Id. ¶ 17. The Motion was referred 

to the Honorable Jonathan Goodman for a Report and Recommendation. On April 12, 2023, Judge 

Goodman issued a Report and Recommendation recommending that the Motion be granted. DE 

125. Neither party filed objections to the Report and Recommendation. 

The Court thoroughly considered the Report and Recommendation, the Motion, and the 

record, and is fully advised in the premises. Upon review, the Court finds Judge Goodman’s 

recommendations to be well-reasoned and correct, and the Court agrees with the factual recitation 

and analysis in the Report and Recommendation. 

For the foregoing reasons, it is hereby ORDERED and ADJUDGED that:

1. Magistrate Judge Goodman’s Report and Recommendation [DE 125] is ADOPTED.

Case 1:20-cv-23169-RLR Document 128 Entered on FLSD Docket 04/27/2023 Page 1 of 2
2

2. Defendant’s Supplemental Motion for Attorneys’ Fees [DE 119] is GRANTED.

Specifically, Defendant is awarded attorneys’ fees in the amount of $30,187.00. 

DONE and ORDERED in Chambers, West Palm Beach, Florida, this 27th day of April, 

2023.

___________________________________

ROBIN L. ROSENBERG

UNITED STATES DISTRICT JUDGE

Copies furnished to Counsel of Record

Case 1:20-cv-23169-RLR Document 128 Entered on FLSD Docket 04/27/2023 Page 2 of 2
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: http://www.nrc.gov/OPA

No. 04-133 October 15, 2004

NRC EXTENDS REVIEW SCHEDULE FOR VERMONT YANKEE

NUCLEAR POWER PLANT UPRATE REQUEST

The Nuclear Regulatory Commission’s review of Entergy Nuclear’s application for a 20 percent

power increase, or uprate, at Vermont Yankee Nuclear Power Station (VYNPS) will take longer than

its original Jan. 31, 2005, completion date.

“The NRC, with its commitment to public health and safety, will not allow an increase in

Vermont Yankee's operating power level unless we are certain the change could be done safely,” said

Jim Dyer, Director of the agency’s Office of Nuclear Reactor Regulation (NRR). “The NRC will ask

Entergy for more information until we’re satisfied we have what we need to properly review the

application.”

Early on in the review process, NRC staff made it clear that operating experience from other

plants, which had performed uprates similar to what Vermont Yankee proposes, raised an important

generic issue for the review concerning the potential for steam dryer failures following implementation

of a power uprate.

In a letter to Entergy, Ledyard Marsh, Director of NRR’s Division of Licensing Project

Management, said:

“During the review, in an attempt to resolve our steam dryer concerns, the NRC staff has

requested additional information, held three public meetings with Entergy, and performed an

audit of the steam dryer analysis at the General Electric office in San Jose, California. Based on

review of the information provided in the application, the supplements received through

October 7, 2004, and the results of the audit, the NRC staff has determined that the information

submitted by the licensee to date does not yet provide sufficient assurance that the VYNPS

steam dryer will remain capable of maintaining its structural integrity under [uprate] conditions. 

During the audit and the most recent public meeting, Entergy staff indicated that further

information will be submitted to address the NRC staff concerns related to steam dryer

integrity.”
The additional information is needed before NRC staff can complete a draft safety evaluation

on the proposed uprate, and will therefore delay review by the Advisory Committee on Reactor

Safeguards, an independent group of nuclear experts. Once Entergy provides the information and NRC

staff carefully reviews it, a more definitive schedule for completing the uprate review will be available.

###
NRC NEWS 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. 03-109 September 2, 2003

NRC ISSUES MID-CYCLE ASSESSMENTS FOR ALL NUCLEAR PLANTS

The U.S. Nuclear Regulatory Commission has issued mid-cycle assessment letters for all 103

operating nuclear power plants and posted them to its web site.

Every six months each plant receives either a mid-cycle review letter or an annual assessment

letter along with an NRC inspection plan. Updated information on plant performance is posted to the

NRC web site every quarter. The next annual assessment letters will be issued in March 2004.

The assessment letters sent to each licensee will be available, per plant, on the NRC web site at:

http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/listofasmrpt.html and through ADAMS, the

Agencywide Documents Access and Management System. Help in using ADAMS is available from

the NRC Public Document Room by calling (301) 415-4737 or (800) 397-4209.

###