alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ARMANDO MARTINEZ

,

Appellant

,

v.

THE STATE OF TEXAS,

State. §

§

§

§

§

§

§ No. 08

- 1 9

- 00 046

- C R

Appeal from the

4 09 th D istrict Court

of El Paso C ounty, Texas

(TC# 20160 D 04459 )

O R D E R

The Court GRANTS Natalie Martinez’s r equest for an extension of time within which to

file the Reporter ’ s Record until June 25 , 2019

. NO FURTHER REQUESTS FOR EXTENSION

OF TIME TO FILE THE REPORTER ’ S RECORD WILL BE CONSIDERED BY THIS

COURT.

It is further ORDERED that Natalie Martinez

, Official Court Reporter for the 4 09th

District Court f

or El Paso County, Texas, prepare the Reporter ’ s Record and forward the same to

this Court on or before June 25 , 2019

.

I T IS SO ORDERED this 15 th day of Ma y , 20 1 9

.

PER CURIAM

Before McClure , C.J., R odriguez and Palafox , JJ.
§ 511.703 Retroactive effective date. ( a ) *Applicability.* A retroactive effective date may be required only if the employee is wrongfully demoted.
( b ) *Downgrading.* ( 1 ) The effective date of a classification appellate certificate or agency appellate decision can be retroactive only if it corrects a classification action which resulted in a loss of grade or pay. In order for the decision to be made retroactive, the employee must file the initial request for review with either the agency or the Office not later than 15 calendar days after the effective date of the reclassification action.
( 2 ) However, if the appellate decision raises the grade of the position above the original grade, retroactivity will apply only to the extent of restoration to the original grade.
( 3 ) The right to a retroactive effective date provided by this section is preserved on subsequent appeals from an agency or Office classification decision when the subsequent appeal is filed not later than 15 calendar days following receipt of written notification of a final agency administrative decision or 15 calendar days after the effective date of the action taken as a result of the classification decision, whichever is later.
( c ) *Grade change based on new duties and responsibilities.* Retroactivity may be based only on duties and responsibilities existing at the time of demotion and cannot be based on duties and responsibilities assigned later.
( d ) *Retroactivity when time limits are extended.* The right to a retroactive effective date provided by this section may be preserved at the discretion of the Office, on a showing by the employee that he or she was not notified of the applicable time limit and was not otherwise aware of it, or that circumstances beyond his or her control prevented filing an appeal within the prescribed time limit.
§ 2426.3 Obligation to consult. ( a ) When a labor organization has been accorded national consultation rights, the agency or the primary national subdivision which has granted those rights shall, through appropriate officials, furnish designated representatives of the labor organization: ( 1 ) Reasonable notice of any proposed substantive change in conditions of employment; and
( 2 ) Reasonable time to present its views and recommendations regarding the change.
( b ) If a labor organization presents any views or recommendations regarding any proposed substantive change in conditions of employment to an agency or a primary national subdivision, that agency or primary national subdivision shall: ( 1 ) Consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented; and
( 2 ) Provide the labor organization a written statement of the reasons for taking the final action.
( c ) Nothing in this subpart shall be construed to limit the right of any agency or exclusive representative to engage in collective bargaining.
Exhibit 31.2

CERTIFICATIONS

I, Keith E. Palmer, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of American Bio Medica
Corporation;

2. Based on my knowledge, this quarterly 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;

3. 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;

4. The small business issuer's other certifying officers 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) [omitted]; and

c) 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

d) 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

5. The small business issuer's other certifying officers 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; and


/s/ Keith E. Palmer
-----------------------
Chief Financial Officer & Executive Vice President

Date: August 12, 2005


                                       19
### **CHAPTER 45—TSUNAMI WARNING AND EDUCATION**

Sec.
3201.
Definitions.
3202.
Purposes.
3203.
Tsunami forecasting and warning program.
3204.
National tsunami hazard mitigation program.
3205.
Tsunami research program.
3206.
Global tsunami warning and mitigation network.
3206a.
Tsunami Science and Technology Advisory Panel.
3207.
Authorization of appropriations.
3208.
Outreach responsibilities.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-10220

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

IGNACIO MOROLES, JR.,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 5:16-CR-34-2

Before JONES, DENNIS, and GRAVES, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Ignacio Moroles, Jr.,

has moved for leave to withdraw and has filed a brief in accordance with 

Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 

229 (5th Cir. 2011). Moroles has not filed a response. We have reviewed 

counsel’s brief and the relevant portions of the record reflected therein. We 

concur with counsel’s assessment that the appeal presents no nonfrivolous 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

December 20, 2017

Lyle W. Cayce

Clerk

 Case: 17-10220 Document: 00514279703 Page: 1 Date Filed: 12/20/2017
No. 17-10220

2

issue for appellate review. Accordingly, counsel’s motion for leave to withdraw 

is GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 17-10220 Document: 00514279703 Page: 2 Date Filed: 12/20/2017
Experience Requirements for Qualification Level Sought 

Experience Activity 

High school graduate, no power plant experience 

Completion of a systematically designed RO initial training course. YES Completion of a systematically designed site layout familiarization course  and

a site-specific training course on critical non-licensed operator tasks. 

YES 

Completion of a systematically designed site layout familiarization course  and

a combined reactor operator and senior reactor operator training course at the reactor for which the license is sought. 

NO 

Performance of one or more of the following tasks during the plant construction and testing phases: • Plant operating procedure development and verification • Human engineering and task analysis verification • Preoperational testing of plant systems • Participating in the cold and hot functional testing program • Acting as an operations classroom, simulator, or on-the-job (OJT) instructor 

YES 

Completion of a systematically designed senior reactor operator simulator training course. 

or 

Completion of a systematically designed observation program at an operating nuclear power plant. 

N/A 

Qualification Level Sought Reactor 

Operator
§ 304.107 Reports. As required by 5 U.S.C. 3109(e), each agency shall report to the Office of Personnel Management on an annual basis: ( a ) The number of days the agency employed each paid expert or consultant; and
( b ) The total amount the agency paid each expert or consultant so employed. (Do not include payments for travel and related expenses.)
U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

89–011 2001

107th Congress, 1st Session – – – – – – – – – – – – House Document 107–127

REPORT ON ACTIONS TAKEN TO RESPOND

TO THE THREAT OF TERRORISM

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

A REPORT, CONSISTENT WITH THE WAR POWERS RESOLUTION

AND SENATE JOINT RESOLUTION 23, TO HELP ENSURE THAT

THE CONGRESS IS KEPT FULLY INFORMED ON ACTIONS TAKEN

TO RESPOND TO THE THREAT OF TERRORISM

SEPTEMBER 25, 2001.—Referred to the Committee on International

Relations and ordered to be printed

(1)

THE WHITE HOUSE,

Washington, September 24, 2001.

Hon. J. DENNIS HASTERT,

Speaker of the House of Representatives,

Washington, DC.

DEAR MR. SPEAKER: On the morning of September 11, 2001, terrorists hijacked four U.S. commercial airliners. These terrorists

coldly murdered thousands of innocent people on those airliners

and on the ground, and deliberately destroyed the towers of the

World Trade Center and surrounding buildings and a portion of the

Pentagon.

In response to these attacks on our territory, our citizens, and

our way of life, I ordered the deployment of various combatequipped and combat support forces to a number of foreign nations

in the Central and Pacific Command areas of operations. In the future, as we act to prevent and deter terrorism, I may find it necessary to order additional forces into these and other areas of the

world, including into foreign nations where U.S. Armed Forces are

already located.

I have taken these actions pursuant to my constitutional authority to conduct U.S. foreign relations and as Commander in Chief

and Chief Executive. It is not now possible to predict the scope and

duration of these deployments, and the actions necessary to

counter the terrorist threat to the United States. It is likely that

the American campaign against terrorism will be a lengthy one.

I am providing this report as part of my efforts to keep the Congress informed, consistent with the War Powers Resolution and

Senate Joint Resolution 23, which I signed on September 18, 2001.

As you know, officials of my Administration and I have been regularly communicating with the leadership and other Members of

Congress about the actions we are taking to respond to the threat

of terrorism and we will continue to do so. I appreciate the continuing support of the Congress, including its passage of Senate

Joint Resolution 23, in this action to protect the security of the

United States of America and its citizens, civilian and military,

here and abroad.

Sincerely,

GEORGE W. BUSH.

Æ
§ 351.602 Prohibitions. An agency may not release a competing employee from a competitive level while retaining in that level an employee with: ( a ) A specifically limited temporary appointment;
( b ) A specifically limited temporary or term promotion;
( c ) A written decision under part 432 or 752 of this chapter of removal or demotion from the competitive level.
[51 FR 319, Jan. 3, 1986, as amended at 62 FR 62502, Nov. 24, 1997]
#### §§ 2424.42-2424.49 [Reserved]
§ 451.101 Authority and coverage. ( a ) Chapter 45 of title 5, United States Code authorizes agencies to pay a cash award to, grant time-off to, and incur necessary expense for the honorary recognition of, an employee (individually or as a member of a group) and requires the Office of Personnel Management to prescribe regulations governing such authority. Chapter 43 of title 5, United States Code, provides for recognizing and rewarding employees whose performance so warrants. The regulations in this subpart, in combination with chapters 43 and 45 of title 5, United States Code, and any other applicable law, establish the requirements for agency award programs.
( b ) Section 4 of E.O. 11438 (Prescribing Procedures Governing Interdepartmental Cash Awards to the Members of the Armed Forces, December 3, 1968) requires the Office of Personnel Management to prescribe procedures for covering the cost of a cash award recommended by more than one agency for a member of the armed forces for the adoption or use of a suggestion, invention, or scientific achievement. Section 1 of E.O. 12828 (Delegation of Certain Personnel Management Authorities, January 5, 1993) delegates to the Office of Personnel Management the authority of the President to permit performance-based cash awards under 5 U.S.C. 4505a to be paid to categories of employees who would not be eligible otherwise.
( c ) This subpart applies to employees as defined by section 2105 and agencies as defined by section 4501 of title 5, United States Code, except as provided in §§ 451.105 and 451.201(b).
( d ) For the regulatory requirements for granting performance awards to Senior Executive Service (SES) employees under 5 U.S.C. 5384, refer to § 534.405 of this chapter.
( e ) An agency may grant performance-based cash awards on the basis of a rating of record at the fully successful level (or equivalent) or above under the authority of 5 U.S.C. 4505a and the provisions of this part to eligible non-GS employees who are covered by 5 U.S.C. chapter 45 and this part and who are not otherwise covered by an explicit statutory authority for the payment of such awards, including 5 U.S.C. 5384 (SES performance awards).
[60 FR 43946, Aug. 23, 1995; 60 FR 47646, Sept. 13, 1995, as amended at 69 FR 70359, Dec. 6, 2004; 72 FR 1270, Jan. 11, 2007]
#### § 550.1003 Definitions.

In this subpart:

*Overtime work* means work performed by an employee outside his or her scheduled tour of duty for the purpose of making up time lost for meeting personal religious requirements, as such term is explained in the definition of “religious compensatory time off” in this section. It is also deemed to include work performed by a part-time employee outside of his or her scheduled tour of duty, even if that work is below applicable overtime thresholds (e.g., below 40 hours in a week), and work an employee performs during holiday hours (within the employee's scheduled tour of duty) during which the employee would otherwise be excused from duty.

*Rate of basic pay* means the rate of pay fixed by law or administrative action for the position held by an employee, including any special rate under 5 CFR part 530, subpart C; locality rate under 5 CFR part 531, subpart F; retained rate under 5 CFR part 536; or similar rate under other legal authority, before any deductions and excluding additional pay of any other kind. For example, a *rate of basic pay* does not include additional pay such as night shift differentials under 5 U.S.C. 5343(f) or environmental differentials under 5 U.S.C. 5343(c)(4).

*Religious compensatory time off* means compensatory time off, as authorized by 5 U.S.C. 5550a, under which an employee whose personal religious beliefs require the abstention from work during certain periods of time may elect to perform overtime work in order to make up for time the employee takes off to meet those personal religious requirements. Those requirements need not be officially mandated by a religious organization to which the employee belongs. It is sufficient that the employee's personal religious beliefs cause the employee to feel an obligation that he or she should be absent from work for a religious purpose. An employee approved to perform overtime work under this subpart will be granted an equal amount of compensatory time off from his or her scheduled tour of duty (in lieu of overtime pay or other pay otherwise payable) to meet his or her personal religious obligations.

*Scheduled tour of duty* means the regular work hours in an established full-time or part-time work schedule during which the employee is charged leave or time off when absent.
#### § 3801.105 Personal use of Government property.

Employees are prohibited by part 2635 of this title from using Government property for other than authorized purposes. The Department rule authorizing limited personal use of Department of Justice office and library equipment and facilities by its employees is at 28 CFR 45.4.
NO. 07-03-0463-CV

	IN THE COURT OF APPEALS

	FOR THE SEVENTH DISTRICT OF TEXAS

	AT AMARILLO

	PANEL B

	JUNE 30, 2004

	______________________________

	IN THE INTEREST OF L.L., T.Y. AND D.C., CHILDREN

	_________________________________

	FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;

	NO. 2002-517,011; HONORABLE JIM BOB DARNELL, JUDGE

	_______________________________

Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.

	ORDER ON ABATEMENT AND REMAND

	On October 23, 2003, the appellate clerk received and filed a copy of a notice of appeal from appellant Twila Young.  The notice sought to appeal from an order signed on August 29, 2003.  Young did not pay the appellate filing fee.  This court abated the appeal pending payment of the filing fee and determination of appellate jurisdiction. 

	Subsequently, the reporter’s record of a jury trial in August 2003, a clerk’s record, and a motion by Young have been filed.  Young has not paid either the appellate filing fee or the fee due for filing of her motion.  We note in the clerk’s record an order by the district court determining that she is indigent and a subsequent order by the associate judge presiding over the August 2003, jury trial determining that she is not indigent.  

	Based on the record before us at this time, we determine that Young’s notice of appeal is sufficient to invoke appellate jurisdiction over her appeal.  

	Accordingly, pursuant to Young’s motion, this matter is abated and the cause is remanded to the trial court.  Tex. R. App. P. 2.  Upon remand, the judge of the trial court is directed to immediately cause notice to be given of and to conduct a hearing to determine: (1) whether appellant desires to prosecute this appeal; (2) if appellant desires to prosecute this appeal, then whether appellant is indigent; (3) if appellant is indigent and desires to prosecute this appeal, whether appellant’s present counsel should continue to represent her pursuant to the court’s prior order appointing counsel; and  (4) what orders, if any, should be entered to assure the filing of appropriate notices and documentation to dismiss appellant’s appeal if appellant does not desire to prosecute this appeal.  

	The trial court is directed to: (1) conduct any necessary hearings; (2) make and file appropriate findings of fact, conclusions of law and recommendations, and cause them to be included in a supplemental clerk’s record; (3) cause the hearing proceedings, if any, to be transcribed and included in a supplemental reporter’s record; (4) cause the records of the proceedings to be sent to this court; and (5) make and enter any orders appropriate to clarify appellant’s status as indigent or non-indigent, and the status of appellant’s appointed counsel.  

	In the absence of a request for extension of time from the trial court, the supplemental clerk’s record, supplemental reporter’s record, and any additional proceeding records, including any orders, findings, conclusions and recommendations, are to be sent so as to be received by the clerk of this court not later than July 28, 2004. 	

							Per Curiam
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway

Alton Thomas Davis, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

November 9, 2010 

Order 

 

November 9, 2010 

140603(58) 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellant, 

 SC: 140603 

v COA: 287689 

Ingham CC: 08-000249-FH 

RANDALL LEE DOWDY, 

Defendant-Appellee. 

____________________________________ 

 On order of the Chief Justice, the motion by defendant-appellee for extension to 

November 2, 2010 of the time for filing a reply brief is considered and it is GRANTED.
§ 317.702 General reinstatement: SES career appointees. ( a ) *Eligibility for general reinstatement.* A former SES career appointee who meets the following conditions is eligible for reinstatement under this section: ( 1 ) The individual completed an SES probationary period under a previous SES career appointment or was exempted from that requirement; and
( 2 ) The individual's separation from his or her last SES career appointment was not a removal under subpart C of part 359 of this chapter for failure to be recertified as a senior executive; or a removal under subpart E of part 359 of this chapter for less than fully successful executive performance; or under 5 U.S.C. 1207 by order of the Merit Systems Protection Board as a result of a disciplinary action initiated by the Special Counsel under 5 U.S.C. 1206; or under 5 U.S.C. 7532 (National Security); or under subpart F of part 752 of this chapter for misconduct, neglect of duty, or malfeasance; or a resignation after receipt of a notice proposing or directing removal under any of the above conditions. Removal for failure to accept a directed reassignment to another commuting area, or to accompany a position in a transfer of function to another commuting area, does not preclude reinstatement to the SES unless the appointment to the original position included acceptance of a written nationwide mobility agreement or policy.
( b ) *Applying for reinstatement; time limit.* Application for reinstatement under this section shall be made directly to the agency in which SES employment is sought. There is no time limit for reinstatement under this section.
( c ) *Qualifications.* The individual must meet the qualification requirements of the position to which reinstated. The agency makes this determination.
( d ) *Tenure upon reinstatement.* An individual who is reinstated under § 317.702 becomes an SES career appointee.
[54 FR 9759, Mar. 8, 1989, as amended at 56 FR 172, Jan. 3, 1991]