alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 Pursuant to Local Rule 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opinion should not be published and is not precedent except under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 Local Rule 47.5.4.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 95-40444

Summary Calendar

ALLEN TYRONE ROBINSON

Plaintiff - Appellant

VERSUS

DEVIN MUSSELMAN, Lieutenant, Coffield Unit

Defendant - Appellee

Appeal from the United States District Court

For the Eastern District of Texas

(6:94-CV-176)

April 23, 1996

Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:1

Robinson, a state prisoner, appeals the dismissal of his civil

rights suit requesting a jury trial and asserting an excessiveforce claim. We vacate and remand.

The district court’s dismissal was based upon fact-findings

made by the magistrate judge following a hearing pursuant to 28

U.S.C. § 636(b)(1)(B) and Flowers v. Phelps, 956 F.2d 488 (5th

Cir.), modified on other grounds, 964 F.2d 400 (5th Cir. 1992).
2

Robinson argues that he was denied his right to have his case tried

by a jury and we agree. He raised this issue in his objections to

the magistrate judge’s Report and Recommendation. The district

court overruled the objection in reliance upon Casperone v.

Landmark Oil and Gas Corp., 819 F.2d 112, 116 (5th Cir. 1987)

because Robinson failed to raise an objection at the Flowers

hearing. That case held that plaintiff waived a jury trial by

failing to attend the pretrial conference. 

The question presented is whether Robinson’s failure to object

at the Flowers hearing resulted in a waiver of his jury demand.

Our recent decision in McAfee v. Martin, 63 F.3d 436, 437-38 (5th

Cir. 1995) shows that he did not. On this record it is clear that

the failure to object was not a knowing and voluntary waiver of the

right to jury trial. The magistrate judge described the hearing as

“an expanded evidentiary hearing pursuant to Flowers . . .” and, as

Robinson was pro se, it does not appear that he was aware of the

meaning of a Flowers hearing. 

VACATED and REMANDED.
NRC ACCEPTS APPLICATION FOR NEW REACTORS 

AT LEVY COUNTY SITE IN FLORIDA 

The Nuclear Regulatory Commission has docketed, or accepted for review, a combined 

license (COL) application for two new reactors at the Levy County site near Crystal River, Fla. 

Progress Energy submitted the application and associated information July 30. The 

application, minus proprietary or security-related details, is available on the NRC Web site at: 

http://www.nrc.gov/reactors/new-reactors/col/levy.html. Progress seeks approval to build and 

operate two AP1000 reactors at the site, approximately 10 miles northeast of Crystal River. 

The AP1000 is a Westinghouse 1,100 megawatt electric pressurized-water reactor design 

the NRC certified in 2006. The agency is currently reviewing a Westinghouse application, 

submitted in May 2007, to amend the certified design. More information regarding the review is 

available on the NRC’s Web site at: http://www.nrc.gov/reactors/new-reactors/designcert/amended-ap1000.html.

Docketing the application does not preclude additional requests for information as the 

review proceeds; nor does it indicate whether the Commission will approve the license. The 

docket numbers established for this application are 52-029 and 52-030. The NRC will publish in 

the near future an opportunity to intervene in the required adjudicatory hearing for this 

application. Petitions to intervene in a hearing may be filed within 60 days of the notice, by 

anyone whose interest may be affected by the proposed license and who wishes to participate as 

a party in the proceeding. 

Information about the new reactor licensing process is available on the NRC Web site at: 

http://www.nrc.gov/reactors/new-reactors.html. 

### 

 News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200 

Washington, D.C. 20555-0001 

E-mail: opa@nrc.gov 

Site: http://www.nrc.gov

No. 08-183 October 6, 2008
### §267. Time for taking action in Government applications

Notwithstanding the provisions of sections 133 and 151, the Director may extend the time for taking any action to three years, when an application has become the property of the United States and the head of the appropriate department or agency of the Government has certified to the Director that the invention disclosed therein is important to the armament or defense of the United States.

(July 19, 1952, ch. 950, 66 Stat. 811; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, §13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, §20(j), Sept. 16, 2011, 125 Stat. 335.)

#### Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., §37 (R.S. 4894, amended (1) Mar. 3, 1897, ch. 391, §4, 29 Stat. 692, 693, (2) July 6, 1916, ch. 225, §1, 39 Stat. 345, 347–8, (3) Mar. 2, 1927, ch. 273, §1, 44 Stat. 1335, (4) Aug. 7, 1939, ch. 568, 53 Stat. 1264).

This provision, which appears as the last two sentences of the corresponding section of the present statute (see note to section 133) is made a separate section and rewritten in simpler form.

#### **Editorial Notes**

#### Amendments

2011—Pub. L. 112–29 struck out "of this title" after "151".

2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.

1999—Pub. L. 106–113, as amended by Pub. L. 107–273, substituted "Director" for "Commissioner" in two places.

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

#### Effective Date of 2011 Amendment

Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.

#### Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
##### 



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 National Waterworks, Inc. (the Company), on Form
10-Q for the period ended March 25, 2005, as filed with the Securities and Exchange Commission on
the date hereof (the Report), we the undersigned certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to our knowledge: (1) The Report 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 National Waterworks, Inc. /s/ Harry K. Hornish, Jr.Harry K. Hornish, Jr.President and Chief Executive OfficerApril 27, 2005/s/ Philip KeippPhilip KeippVice President and Chief Financial OfficerApril 27, 2005
 A signed written statement required by Section 906 has been provided to National Waterworks, Inc.
and will be retained by National Waterworks, Inc. and furnished to the Securities and Exchange
Commission and its staff upon request. 21
### §§857–6 to 857–12. Repealed. Pub. L. 95–63, §7(a), July 5, 1977, 91 Stat. 267

Section 857–6, Pub. L. 92–125, §1, Aug. 16, 1971, 85 Stat. 344, established National Advisory Committee on Oceans and Atmosphere. See section 857–13 of this title.

Section 857–7, Pub. L. 92–125, §2, Aug. 16, 1971, 85 Stat. 344, provided for membership, terms of office, duties, and Chairman and Vice Chairman of Committee. See section 857–14 of this title.

Section 857–8, Pub. L. 92–125, §3, Aug. 16, 1971, 85 Stat. 344, provided for designation of a senior policy official of Federal departments and agencies to assist Committee. See section 857–17(a) of this title.

Section 857–9, Pub. L. 92–125, §4, Aug. 16, 1971, 85 Stat. 344; Pub. L. 94–69, §2, Aug. 5, 1975, 89 Stat. 384, provided for an annual report by Committee. See section 857–15 of this title.

Section 857–10, Pub. L. 92–125, §5, Aug. 16, 1971, 85 Stat. 344, provided for compensation and travel expenses of Committee members. See section 857–16 of this title.

Section 857–11, Pub. L. 92–125, §6, Aug. 16, 1971, 85 Stat. 345, provided for assistance to Committee by Federal departments and agencies. See section 857–17 of this title.

Section 857–12, Pub. L. 92–125, §7, Aug. 16, 1971, 85 Stat. 345; Pub. L. 92–567, Oct. 25, 1972, 86 Stat. 1181; Pub. L. 94–69, §1, Aug. 5, 1975, 89 Stat. 384, authorized appropriations for operation of the Committee. See section 857–18 of this title.
### §150912. Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but consistent with the purposes of the corporation and in compliance with the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1397.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 150912 | 36:4515. | July 14, 1964, Pub. L. 88–376, §15, 78 Stat. 324. |

Section

The word "satisfaction" is omitted as included in "discharge", and the word "obligations" is omitted as included in "liabilities". The words "outstanding" and "and all Federal and State laws applicable thereto" are omitted as unnecessary.
[Federal Register Volume 69, Number 24 (Thursday, February 5, 2004)]
[Notices]
[Page 5663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2458]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY


Submission for OMB Review; Comment Request

January 27, 2004.
    The Department of Treasury has submitted the following public 
information collection requirement(s) to OMB for review and clearance 
under the Paperwork Reduction Act of 1995, Public Law 104-13. Copies of 
the submission(s) may be obtained by calling the Treasury Bureau 
Clearance Officer listed. Comments regarding this information 
collection should be addressed to the OMB reviewer listed and to the 
Treasury Department Clearance Officer, Department of the Treasury, Room 
11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220.

DATES: Written comments should be received on or before March 8, 2004 
to be assured of consideration.

Internal Revenue Service (IRS)

    OMB Number: 1545-0732.
    Regulation Project Number: LR-236-81 Final (TD 8251).
    Type of Review: Extension.
    Title: Credit for Increasing Research Activity.
    Description: This information is necessary to comply with 
requirements of Code section 41 (section 44F before change by TRA 1984 
and section 30 before change by TRA 1986) which describes the 
situations in which a taxpayer is entitled to an income tax credit for 
increases in research activity.
    Respondents: Business or other for-profit.
    Estimated Number of Respondents: 250.
    Estimated Burden Hours Respondent: 15 minutes.
    Frequency of Response: On occasion.
    Estimated Total Reporting Burden: 63 hours.
    Clearance Officer: R. Joseph Durbala (202) 622-3634, Internal 
Revenue Service, Room 6411, 1111 Constitution Avenue, NW., Washington, 
DC 20224.
    OMB Reviewer: Joseph F. Lackey, Jr. (202) 395-7316, Office of 
Management and Budget, Room 10235, New Executive Office Building, 
Washington, DC 20503.

Lois K. Holland,
Treasury PRA Clearance Officer.
[FR Doc. 04-2458 Filed 2-4-04; 8:45 am]
BILLING CODE 4830-01-P
Home > NRC Library > ADAMS Public Documents

# SECY-08-0046 - Reactor Oversight Process Self-Assessment For Calendar Year 2007.

Accession Number: ML080460148

Date Released: Thursday, April 17, 2008

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.
    - ML080460120 - SECY-08-0046 - Reactor Oversight Process Self-Assessment For Calendar Year 2007. (10 page(s), 4/2/2008)
    - ML080460167 - SECY-08-0046 - Enclosure 1:  ROP Program Area Evaluations. (12 page(s), 4/2/2008)
    - ML080460179 - SECY-08-0046 - Enclosure 2:  Safety Culture Enhancements (5 page(s), 4/2/2008)
    - ML080460192 - SECY-08-0046 - Enclosure 3:  Internal and External Communications (5 page(s), 4/2/2008)
    - ML080460210 - SECY-08-0046 - Enclosure 4:  Regulatory Impact Summary (2 page(s), 4/2/2008)
    - ML080460233 - SECY-08-0046 - Enclosure 5:  ROP Resources (4 page(s), 4/2/2008)
    - ML080460262 - SECY-08-0046 - Enclosure 6:  Resident Inspector Demographics. (12 page(s), 4/2/2008)

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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

The undersigned, Vanessa Avila, President, Chief Executive Officer and Chief Financial Officer of Tortuga Mexican Imports Inc., hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)	The quarterly report on Form 10-QSB of Tortuga Mexican Imports Inc. Inc. for the interim period ended May 31, 2005 (the "Report") 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 Tortuga Mexican Imports Inc.

Dated: July 27, 2005

/s/ Vanessa Avila	Vanessa Avila
President, Chief Executive Officer (Principal Executive Officer) Chief Financial Officer
(Principal Financial Officer and Principal Accounting Officer)
§ 838.135 Settlements. ( a ) OPM must comply with the terms of a properly filed court order acceptable for processing even if the retiree and the former spouse agree that they want OPM to pay an amount different from the amount specified in the court order. Information about OPM's processing of amended court orders is contained in §§ 838.225 and 838.806.
( b ) ( 1 ) OPM will not honor a request from the former spouse that an amount less than the amount provided in the court order be withheld from an employee annuity or a refund of employee contributions.
( 2 ) OPM will not honor a request from the retiree that an amount greater than the amount provided in the court order be withheld from an employee annuity or a refund of employee contributions.
[57 FR 33574, July 29, 1992, as amended at 58 FR 3202, Jan. 8, 1993]
# L_2019128EN.01003101.xml

| 16.5.2019 | EN | Official Journal of the European Union | L 128/31 |
| --- | --- | --- | --- |

16.5.2019

EN

Official Journal of the European Union

L 128/31

---

DECISION OF THE EEA JOINT COMMITTEE

No 136/2017

of 7 July 2017

amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2019/743]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:

| (1) | Commission Implementing Decision (EU) 2017/500 of 21 March 2017 on recognition of the ‘Bonsucro EU’ voluntary scheme for demonstrating compliance with the sustainability criteria under Directive 98/70/EC and 2009/28/EC of the European Parliament and of the Council (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Implementing Decision (EU) 2017/500 of 21 March 2017 on recognition of the ‘Bonsucro EU’ voluntary scheme for demonstrating compliance with the sustainability criteria under Directive 98/70/EC and 2009/28/EC of the European Parliament and of the Council (1) is to be incorporated into the EEA Agreement.

| (2) | Commission Implementing Decision 2011/439/EU (2), which is incorporated into the EEA Agreement, expired on 9 August 2016 and consequently the reference thereto should be deleted from the EEA Agreement. |
| --- | --- |

(2)

Commission Implementing Decision 2011/439/EU (2), which is incorporated into the EEA Agreement, expired on 9 August 2016 and consequently the reference thereto should be deleted from the EEA Agreement.

| (3) | Annex II to the EEA Agreement should therefore be amended accordingly, |
| --- | --- |

(3)

Annex II to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The text of point 6ae (Commission Implementing Decision 2011/439/EU) of Chapter XVII of Annex II to the EEA Agreement is replaced by the following:

‘
  32017 D 0500: Commission Implementing Decision (EU) 2017/500 of 21 March 2017 on recognition of the ‘Bonsucro EU’ voluntary scheme for demonstrating compliance with the sustainability criteria under Directive 98/70/EC and 2009/28/EC of the European Parliament and of the Council (OJ L 76, 22.3.2017, p. 40).’

Article 2

The text of Implementing Decision (EU) 2017/500 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 8 July 2017, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 7 July 2017.

For the EEA Joint Committee

The President

Sabine MONAUNI

---

(1)  
  OJ L 76, 22.3.2017, p. 40.

1

(2)  
  OJ L 190, 21.7.2011, p. 81.

2

(*1)  No constitutional requirements indicated.

*1

---
Editorial Note on Part 735
Editorial Note: Part 1001, added to this chapter at 31 FR 873, Jan. 22, 1966 and revised at 32 FR 11113, Aug. 1, 1967, 36 FR 6874, Apr. 9, 1971, 61 FR 36996, July 16, 1996, and 71 FR 43345, Aug. 1, 2006, supplements this part 735.

§ 735.201 What are the restrictions on gambling? ( a ) While on Government-owned or leased property or on duty for the Government, an employee shall not conduct or participate in any gambling activity, including operating a gambling device, conducting a lottery or pool, participating in a game for money or property, or selling or purchasing a numbers slip or ticket.
( b ) This section does not preclude activities: ( 1 ) Necessitated by an employee's official duties; or
( 2 ) Occurring under section 7 of Executive Order 12353 and similar agency-approved activities.
---

Exhibit 15.1



| | 
| | 





INDEPENDENT AUDITORS CONSENT



We consent to the use of our report dated September 28, 2009 on the consolidated financial statements of Teryl Resources Corp. as at May 31, 2009 and 2008, and for the years ended May 31, 2008, 2007 and 2007 that are included in the Company's Annual Report Form 20-F filing.

In addition, we consent to the reference to us under the heading Statement by Experts in the Annual Report.



|                  |                      
|----------------- | ---------------------
|Vancouver, Canada | Morgan & Company   
|                  |                      
|December __, 2009 | Chartered Accountants





| |  | 
| |  | 



---
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-06-009 March 28, 2006

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

Roger Hannah (404)562-4417

NRC TO DISCUSS 2005 PERFORMANCE AT WATTS BAR NUCLEAR POWER PLANT

The Nuclear Regulatory Commission staff is scheduled to meet with Tennessee Valley

Authority officials April 4 to discuss the NRC’s annual assessment of safety performance at the Watts

Bar nuclear power plant, located near Spring City, Tenn. The period covered is the calendar year 2005.

The 3:00 p.m. meeting at the Watts Bar Training Center near the plant is open to public

observation. Before the meeting ends, NRC staff will be available to answer public questions on the

plant’s safety performance, as well as the agency’s role in ensuring safe operation of the facility.

“Each year the NRC staff rates the performance of the Watts Bar plant and all of the nation’s

other commercial nuclear power plants,” NRC Region II Administrator William Travers said. “This

meeting 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.”

The NRC report says the Watts Bar plant operated safely during 2005. The NRC uses colorcoded inspection findings and performance indicators to assess performance. The colors start with

“green” and increase to “white,” “yellow” or “red,” commensurate with the safety significance of the

issues involved. The report said TVA’s investigation and corrective actions for a “white” finding

having to do with cooling water silt problems during the last quarter of 2004 was “thorough and

appropriate.” It also said cross-cutting issues raised in mid 2005 in the area of human performance

due to failure to implement procedures during operations and refueling outage preparations, have been

corrected. 

Based on the plant’s performance during 2005, the NRC said Watts Bar will receive the

baseline, or normal, level of inspections during 2006. The NRC also plans to conduct non-routine

inspections of the plant’s steam generator replacement project, of planned upgrades to the containment

building sump, and inspections of the storage and preservation of Unit 2, which has never been

licensed to operate.

A letter sent from the NRC Region II Office to plant officials addresses the performance of the

plant during the period and will serve as the basis for the meeting discussion. It is available on the

NRC web site at www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/wb_2005q4.pdf .

 Routine inspections are performed by NRC Resident Inspectors assigned to the plant and by

specialists from the Region II Office in Atlanta, and the agency’s headquarters in Rockville, Md. 
Current information for the Watts Bar plant is available on the NRC web site at:

www.nrc.gov/NRR/OVERSIGHT/ASSESS/WB1/wb1_chart.html .

###
§ 470.309 Public hearing. ( a ) *Notice of public hearing.* OPM shall hold a public hearing no less than 30 days after the date of its notice in the Federal Register during which interested persons or organizations may present their written or oral views concerning the proposed demonstration project. The notice of public hearing shall be published in the Federal Register and shall: ( 1 ) State the date, time, place and purpose of the hearing;
( 2 ) Describe briefly the project;
( 3 ) Indicate where more information and a copy of the project plan may be obtained;
( 4 ) State the name and address of the person who will receive written comments from those unable to attend the hearing; and
( 5 ) Indicate the date by which written comments must be received to be considered.
( b ) *Nature of public hearing.* The hearing will be informal to encourage effective oral presentations by interested individuals and organizations. The presiding officer, designated by the Director, OPM, shall in his or her reasonable discretion regulate the course of the proceedings and the conduct of those present at the hearing by appropriate means.
( c ) A written summary shall be made of the oral evidence.
( d ) The record shall be left open for 2 weeks after the conclusion of the hearing to receive additional written data, views, and arguments from the parties participating in the hearing.