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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-6847

DOUGLAS A. JARVIS,

Petitioner - Appellant,

versus

PATRICIA R. STANSBERRY,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Norfolk. Raymond A. Jackson, District

Judge. (2:06-cv-00444-RAJ)

Submitted: July 16, 2007 Decided: August 2, 2007

Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Douglas Alan Jarvis, Appellant Pro Se. Laura Marie Everhart,

Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Douglas Alan Jarvis seeks to appeal from the district

court’s order construing his 28 U.S.C. § 2241 (2000) petition as a

28 U.S.C. § 2255 (2000) motion and transferring it to the District

Court for the Southern District of Florida. We have reviewed the

record and the district court’s order and find no reversible error.

Accordingly, although we grant Jarvis’ motion for leave to proceed

in forma pauperis, we affirm for the reasons stated by the district

court. See Jarvis v. Adams, No. 2:06-cv-00444-RAJ (E.D. Va. filed

May 7, 2007; entered May 11, 2007). We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the

decisional process.

AFFIRMED
#### Lawrence A. Spencer, Appellant, v Buttarazzi Construction, Inc., Respondent.

[820 NYS2d 832]

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered January 3, 2006 in a personal injury action. The order, among other things, granted in part defendant’s motion to preclude plaintiff from offering certain evidence at trial.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on May 19, 2006, and filed in the Monroe County Clerk’s Office on June 15, 2006,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Fresent — Pigott, Jr., P.J., Hurlbutt, Martoche and Green, JJ.
### §1397n–12. Definitions

In this division:

#### (1) Agency

The term "agency" has the meaning given that term in section 551 of title 5.

#### (2) Intervention

The term "intervention" means a specific service delivered to achieve an impact through a social impact partnership project.

#### (3) Secretary

The term "Secretary" means the Secretary of the Treasury.

#### (4) Social impact partnership project

The term "social impact partnership project" means a project that finances social services using a social impact partnership model.

#### (5) Social impact partnership model

The term "social impact partnership model" means a method of financing social services in which—

(A) Federal funds are awarded to a State or local government only if a State or local government achieves certain outcomes agreed on by the State or local government and the Secretary; and

(B) the State or local government coordinates with service providers, investors (if applicable to the project), and (if necessary) an intermediary to identify—

(i) an intervention expected to produce the outcome;

(ii) a service provider to deliver the intervention to the target population; and

(iii) investors to fund the delivery of the intervention.

#### (6) State

The term "State" means each State of the United States, the District of Columbia, each commonwealth, territory or possession of the United States, and each federally recognized Indian tribe.

(Aug. 14, 1935, ch. 531, title XX, §2063, as added Pub. L. 115–123, div. E, title VIII, §50802(2), Feb. 9, 2018, 132 Stat. 282.)
I 

112TH CONGRESS 

1ST SESSION H. R. 3652 

To amend the Food and Nutrition Act of 2008 to repeal the authority 

to make performance-based bonus payments to States. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 13, 2011 

Mr. DESJARLAIS introduced the following bill; which was referred to the 

Committee on Agriculture 

A BILL 

To amend the Food and Nutrition Act of 2008 to repeal 

the authority to make performance-based bonus payments to States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stopping Needless Ad5 ditional Performance Bonuses (SNAP) Act of 2011’’. 

6 SEC. 2. AMENDMENTS. 

7 (a) REPEALER.—Section 16 of the Food and Nutri8 tion Act of 2008 (7 U.S.C. 2025) is amended by striking 

9 subsection (d). 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 3652 IH

1 (b) CONFORMING AMENDMENTS.—Section 16(c) of 

2 the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)) 

3 is amended— 

4 (1) in the first sentence of paragraph (4) by 

5 striking ‘‘, or performance under the performance 

6 measures under subsection (d)’’, and 

7 (2) in the first sentence of paragraph (5) by 

8 striking ‘‘, or performance under the performance 

9 measures under subsection (d)’’. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
#### Phybell Development Corp., Appellant, v Keybank National Association, Respondent.

[821 NYS2d 508]

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J), entered August 23, 2005. The order granted defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action alleging that defendant unreasonably delayed plaintiffs loan application and that, as a result of that delay, plaintiff was forced to accept a higher interest rate than the interest rate proposed by defendant at the time of the application. Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint. Plaintiff does not address in its brief the propriety of the dismissal of its cause of action for deceptive business practices and thus has abandoned any issue with respect to that cause of action *(see Ciesinski v Town of Aurora,*202 AD2d 984 [1994]). With respect to the remaining causes of action, we agree with the court that they are barred by the merger/disclaimer language in the December 1998 commitment letter and the final loan agreement *(see D’Agostino Gen. Contrs. v Steve Gen. Contr.,*267 AD2d 1059 [1999]). We note in addition that there is no evidence in the record that defendant failed to negotiate in good faith to consummate the transaction *(see 180 Water St. Assoc. v Lehman Bros. Holdings,*7 AD3d 316, 317 [2004]). Present — Kehoe, J.P., Gorski, Martoche, Smith and Pine, JJ.
June 18, 2015 

MEMORANDUM TO: Mark A. Satorius 

 Executive Director for Operations 

FROM: Annette L. Vietti-Cook, Secretary /RA/ 

SUBJECT: STAFF REQUIREMENTS – SECY-15-0046 – REQUEST FOR 

APPROVAL OF STAFF RECOMMENDATION TO AUTHORIZE 

INDIAN POINT NUCLEAR GENERATING; JAMES A. 

FITZPATRICK NUCLEAR POWER PLANT; NINE MILE POINT 

NUCLEAR STATION; AND R.E. GINNA NUCLEAR POWER 

PLANT TO USE SECTION 161A PREEMPTION AUTHORITY 

The Commission has approved authorization for use of Atomic Energy Act Section 161A 

preemption authority by Entergy at its Indian Point and James A. Fitzpatrick nuclear power 

plants and by Exelon at its Nine Mile Point and R.E. Ginna nuclear power plants. The 

Commission has authorized the Directors of the Offices of Nuclear Reactor Regulation and 

Nuclear Material Safety and Safeguards to complete the required license amendment actions 

and issue the draft Final Confirmatory Orders included in SECY-15-0046, subject to the 

enclosed edit being made to each of the Orders. The staff should coordinate with the Office of 

the Secretary to finalize and issue the letter to the Governor of New York concurrent with

issuance of the final Confirmatory Orders and the associated Federal Register notice. 

Enclosure: 

Changes to Confirmatory Orders and Letter 

 

cc: Chairman Burns 

 Commissioner Svinicki 

 Commissioner Ostendorff 

 Commissioner Baran 

 OGC 

 CFO 

 OCA 

 OPA 

 ODs, RAs, ACRS, ASLBP (via email) 

 PDR 
Enclosure

Changes to the Confirmatory Orders and Letter in SECY-15-0046 

Change to the Confirmatory Orders 

1. On page 2, paragraph (2), revise line 1 to read ‘There is reasonable assurance that tThe 

facilities ....’ 

Changes to the Letter to the Governor 

2. On page 1, 1st paragraph, revise lines 1 and 2 to read ‘ ... am writing to informing you 

that of an action the Commission is taking to granting a limited ....’ 

3. On page 1, 1st paragraph, revise lines 4 and 5 to read ‘ ... 1954 (AEA), as amended ....’ 

4. On page 1, 1st paragraph, revise lines 6 and 7 to read ‘ ... notwithstanding local, State, 

local, and certain Federal firearms laws (including regulations) that ....’ 

5. On page 1, 2nd paragraph, revise line 1 and 2 to read ‘ ... ensure the continued 

implementation of effective physical security strategies maintenance of the necessary 

security posture at ....’ 

6. On page 1, 2nd paragraph, revise line 4 to read ‘ ... 161A of the Atomic Energy Act of 

1954, as amended, through ....’ 

7. On page 1, 2nd paragraph, revise lines 6 through 11 to delete everything after ‘ ... issued 

an order ...” and continue the sentence from the following paragraph. 

8. On page 1, 3rd paragraph, revise line 1 to read ‘The order designatinged Indian Point ...’ 

and move this to follow the revised sentence at the end of the 2nd paragraph. 

9. On page 1, 4th paragraph, revise lines 2 and 3 to read ‘ ... facilities by the appropriate 

NRC licensing office. These confirmatory orders will be issued in accordance ....’
§ 303.42 Arrangement of information in advertising textile fiber products. ( a ) Where a textile fiber product is advertised in such manner as to require disclosure of the information required by the Act and regulations, all parts of the required information shall be stated in immediate conjunction with each other in legible and conspicuous type or lettering of equal size and prominence. In making the required disclosure of the fiber content of the product, the generic names of fibers present in an amount 5 percent or more of the total fiber weight of the product, together with any fibers disclosed in accordance with § 303.3(a), shall appear in order of predominance by weight, to be followed by the designation “other fiber” or “other fibers” if a fiber or fibers required to be so designated are present. The advertisement need not state the percentage of each fiber.
( b ) Non-required information or representations shall in no way be false, deceptive, or misleading as to fiber content and shall not include any names, terms, or representations prohibited by the Act and regulations. Such non-required information or representations shall not be set forth or so used as to interfere with, minimize, or detract from the required information.
( c ) Non-deceptive terms which are properly and truthfully descriptive of a fiber may be used in conjunction with the generic name of such fiber; as for example: “cross-linked rayon,” “solution dyed acetate,” “combed cotton,” “nylon 66,” etc.
[24 FR 4480, June 2, 1959, as amended at 30 FR 14254, Nov. 13, 1965; 30 FR 15313, Dec. 11, 1965; 63 FR 7523, Feb. 13, 1998; 79 FR 18774, Apr. 4, 2014]
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 the Interior

###### Fish and Wildlife Service 

# AGENCY:

Fish and Wildlife Service, Interior. 

# ACTION:

Notice of receipt of application. 

# SUMMARY:

                        The following applicant has applied for a permit to conduct certain activities with endangered species. This notice is provided pursuant to section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531,                         *et seq.*).                     

# DATES:

Written data or comments should be submitted to the Regional Director, U.S. Fish and Wildlife Service, Ecological Services, 1 Federal Drive, Fort Snelling, Minnesota 55111-4056, and must be received on or before December 27, 2004. 

# FOR FURTHER INFORMATION CONTACT:

Mr. Peter Fasbender, (612) 713-5343. 

# SUPPLEMENTARY INFORMATION:

*Permit Number:*                     TE096410.                 

*Applicant:*                     Thomas E. Tomasi, Southwest Missouri State University, Springfield, Missouri.                 

                    The applicant requests a permit to take the Indiana bat (                    *Myotis sodalis*) throughout Missouri. The scientific research is aimed at enhancement of survival of the species in the wild.                 

Dated: November 12, 2004 

T.J. Miller, 

Acting Assistant Regional Director, Ecological Services, Region 3, Fort Snelling, Minnesota. 

[FR Doc. 04-26185 Filed 11-24-04; 8:45 am] 

BILLING CODE 4310-55-P
#### Aleda S. Phinny, Appellant, v. George T. Hay and Frederick C. Lockhart, Respondents.

Order affirmed, with ten dollars costs and disbursements, and plaintiff is given the right to withdraw her demurrer upon payment of the costs at Special Term and the costs and disbursements of this appeal. No opinion. Jenks. P. J., Thomas, Carr, Mills and Rich, JJ., concurred.
[Federal Register Volume 69, Number 232 (Friday, December 3, 2004)]
[Notices]
[Page 70217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26653]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Madera County Resource Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of resource advisory committee meeting.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the authorities in the Federal Advisory Committee 
Act of 1972 (Pub. L. 92-463) and under the secure Rural Schools and 
Community Self-Determination Act of 2000 (Pub. L. 106-393) the Sierra 
National Forest's Resource Advisory Committee for Madera County will 
meet on Monday, December 13, 2004. The Madera Resource Advisory 
Committee will meet at the Bass Lake Ranger District Office, North 
Fork, CA 93643. The purpose of the meeting is: Review FY 2004 RAC 
proposals.

DATES: The Madera Resource Advisory Committee meeting will be held 
Monday, December 13, 2004. The meeting will be held from 7 p.m. to 9 
p.m.

ADDRESSES: The Madera County RAC meeting will be held at the Bass Lake 
Ranger District Office, 57003 Road 225, North Fork, CA 93643.

FOR FURTHER INFORMATION CONTACT: Dave Martin, USDA, Sierra National 
Forest, Bass Lake Ranger District, 57003 Road 225, North Fork, CA 93643 
(559) 877-2218 ext. 3100; e-mail: <a href="/cdn-cgi/l/email-protection#2440494556504d4a14116442570a4241400a5157"><span class="__cf_email__" data-cfemail="c9ada4a8bbbda0a7f9fc89afbae7afacade7bcba">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Agenda items to be covered include: (1) 
Review of procedures for approval of 2005 RAC proposals; (2) discussion 
of types of projects to be solicited by the committee.

    Dated: November 29, 2004.
Mark Lemon,
Acting District Ranger for Bass Lake Ranger District.
[FR Doc. 04-26653 Filed 12-2-04; 8:45 am]
BILLING CODE 3410-11-M


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EXHIBIT 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TO



SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Report
of DynaResource, Inc. on Form 10-K/A for the period ended December 31, 2018 as filed with the Securities and Exchange Commission
on the date hereof (the "Report"), the undersigned, in the capacities and on the dates indicated below, hereby certifies
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his
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 operation of the Company.





| | /s/ K.W. (“K.D.”) DIEPHOLZ
        K.W. (“K.D.”) Diepholz
        Chairman of the Board of Directors
        Dated: September 23, 2019
        
        /s/ K.W. (“K.D.”) DIEPHOLZ
        K.W. (“K.D.”) Diepholz
        Chief Executive Officer (Principal Executive Officer)
        Dated: September 23, 2019
        
        /s/ /s/ K.W. (“K.D.”) DIEPHOLZ
        K.W. (“K.D.”) Diepholz
        
        Acting Chief Financial Officer (Principal Financial and
        Accounting Officer)
        Dated: September 23, 2019
| | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



This certification accompanies the
Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley
Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
§ 8a.220 Admissions. ( a ) Admissions to educational institutions prior to June 24, 1973, are not covered by these Title IX regulations.
( b ) *Administratively separate units.* For the purposes only of this section, §§ 8a.225 and 8a.230, and §§ 8a.300 through 8a.310, each administratively separate unit shall be deemed to be an educational institution.
( c ) *Application of §§ 8a.300 through .310.* Except as provided in paragraphs (d) and (e) of this section, §§ 8a.300 through 8a.310 apply to each recipient. A recipient to which §§ 8a.300 through 8a.310 apply shall not discriminate on the basis of sex in admission or recruitment in violation of §§ 8a.300 through 8a.310.
( d ) *Educational institutions.* Except as provided in paragraph (e) of this section as to recipients that are educational institutions, §§ 8a.300 through 8a.310 apply only to institutions of vocational education, professional education, graduate higher education, and public institutions of undergraduate higher education.
( e ) *Public institutions of undergraduate higher education.* §§ 8a.300 through 8a.310 do not apply to any public institution of undergraduate higher education that traditionally and continually from its establishment has had a policy of admitting students of only one sex.
§ 501.2 Christmas tree ornaments. Christmas tree ornaments packaged and labeled for retail sale are exempt from the net quantity statement requirements of part 500 of this chapter which specify how the net quantity statement should be expressed, provided: ( a ) The quantity of contents is expressed in terms of numerical count of the ornaments, and
( b ) The ornaments are so packaged that the ornaments are clearly visible to the retail purchaser at the time of purchase.
[35 FR 9108, June 12, 1970]
EX-10.7 Amendment to Restricted Stock Unit Agreeme



 





Exhibit 10.7




AMENDMENT TO THE RESTRICTED STOCK UNIT AGREEMENT




     This Amendment, dated as of July 26, 2007 (this “Amendment”), to the Restricted Stock
Unit Agreement, dated July 22, 2004, between Avatar Holdings Inc., a Delaware corporation (the
“Company”), and Charles McNairy (the “Participant”).



WITNESSETH:




     WHEREAS, the Company and the Participant entered into a Restricted Stock Unit Agreement, dated
July 22, 2004 (the “Agreement”); and



     WHEREAS, on the date hereof the Participant informed the Company of his intention to terminate
his employment with the Company on the close of business on August 3, 2007, for health reasons; and



     WHEREAS, the Company and the Participant desire to amend the Agreement as set forth in this
Amendment to reflect the Participant’s long-term service and contribution to the Company.



     NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and obligations
hereinafter set forth, the Company and the Participant, intending to be legally bound, hereby agree
as follows:



     1. Notwithstanding any other provision contained in the Agreement, on August 3, 2007, the
12,500 Units granted to the Participant pursuant to Section 2(a) thereof, shall vest in full and
such vested Units shall be converted into an equivalent number of shares of Common Stock that will
be immediately distributed to the Participant.



     2. Except as expressly set forth herein, the Agreement remains unmodified and in full force
and effect.



     3. This Amendment shall be subject to, and governed by, the laws of the State of Florida
applicable to contracts made and to be performed in the State of Florida, regardless of where the
Participant is in fact required to work.



     4. This Amendment may be executed in one or more counterparts, each of which shall be deemed
to be an original, but all of which taken together shall constitute one and the same instrument.



[Signature Page Follows]




 









 





     IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the date first
above written.



	 	 	 	 	 
	 	AVATAR HOLDINGS INC.

 	 
	 	By:  	/s/ Gerald D. Kelfer
 	 
	 	 	Name:  	Gerald D. Kelfer 	 
	 	 	Title:  	President and Chief Executive Officer 	 
	 



	 	 	 	 	 
	 	 	 
	 	                         /s/ Charles L. McNairy
 	 
	 	Charles L. McNairy 	 
	 	 	 
	 



McNairy — Amendment to Restricted Stock Unit Agreement





2
Home > NRC Library > ADAMS Public Documents

# SECY-16-0017:  Staff Activities Related to the Program Review of Part 37 of Title 10 of the Code of Federal Regulations.

Accession Number: ML15254A347

Date Released: Friday, March 4, 2016

Package Contents

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    - ML15254A374 - SECY-16-0017: Staff Activities Related to Program Review of Part 37 of Title 10 of the Code of Federal Regulations. (3 page(s), 2/18/2016)
    - ML15113B362 - SECY-16-0017:  FRN - For Solicitation of Public Feedback on the Regulatory Effectiveness of the 10 CFR Part 37 Requirements (Enclosure 2). (11 page(s), 2/18/2016)

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#### § 803.90 Separability.

If any provision of the rules in this subchapter (H) (including the Notification and Report Form) or the application of any such provision to any person or circumstances is held invalid, neither the other provisions of the rules nor the application of such provision to other persons or circumstances shall be affected thereby.