alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 15-14608

Non-Argument Calendar

________________________

D.C. Docket No. 2:15-cv-01158-WMA

DIANE HILLIARD, 

 Plaintiff-Appellant,

versus

ALABAMA DEPARTMENT OF TRANSPORTATION, 

 Defendant-Appellee.

________________________

Appeal from the United States District Court

for the Northern District of Alabama

________________________

(October 25, 2016)

Before WILSON, WILLIAM PRYOR and ROSENBAUM, Circuit Judges.

PER CURIAM: 

Diane Hilliard appeals pro se the dismissal of her action against the 

Alabama Department of Transportation. See 42 U.S.C. § 1983. Hilliard challenges 

Case: 15-14608 Date Filed: 10/25/2016 Page: 1 of 3 
2

the order dismissing her complaint sua sponte, but we previously ruled that her 

appeal of that order was untimely. Hilliard also challenges the denial of her

motions for an extension of time to file an amended complaint and for the 

appointment of counsel. We affirm.

The Department argues that Hilliard’s motion for an extension of time 

should be treated as a motion to alter or amend the judgment, see Fed. R. Civ. P. 

59, but we disagree. Hilliard did not mention the judgment of dismissal in her 

motion. Hilliard requested “the [district] court to extend the time for filing of her 

Amended Complaint and [for her] to acquire legal counsel.”

The district court did not abuse its discretion when it denied Hilliard’s 

motion for an extension of time. A plaintiff may obtain an extension of time “after 

the time has expired if [she] failed to act because of excusable neglect.” Fed. R. 

Civ. P. 6(b)(1)(B). Hilliard filed her motion on September 16, 2015, 29 days after 

the district court dismissed her action against the Department. Although Hilliard 

requested additional time to retain counsel to help her “perfect and pursue her . . . 

claims,” she failed to explain her delay in hiring counsel after being warned two 

months earlier that her complaint was fatally defective.

The district court also did not abuse its discretion by denying Hilliard’s 

motion for the appointment of counsel. “Appointment of counsel in civil cases is

. . . a privilege justified only by exceptional circumstances, such as the presence of 

Case: 15-14608 Date Filed: 10/25/2016 Page: 2 of 3 
3

facts and legal issues which are so novel or complex as to require the assistance of 

a trained practitioner.” Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993) (internal 

quotation marks, brackets, and citations omitted). “The key is whether the pro se

litigant needs help in presenting the essential merits of his or her position in the 

court.” Id. Hilliard’s complaint of discrimination based on gender and race was not 

novel or complex.

We AFFIRM the dismissal of Hilliard’s action against the Department.

Case: 15-14608 Date Filed: 10/25/2016 Page: 3 of 3
Fourth Department,

October, 1953.

(October 1, 1953.)

#### In the Matter of the Guardianship of Gerald L. Procopio, an Infant.

Order affirmed, without costs of this appeal to any party. All concur. (Appeal from an order appointing a general guardian of the person of an infant.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.
[Civil No. 258.]

#### C. D. PUTNAM et al., Appellees, v. MICHAEL KENNEDY, Appellant.

APPEAL from the District Court of the Second Judicial District in and for the County of Pinal.

No appearances of record.

February 15, 1889.

Affirmed.
### §13384. Assessment of alternative policy mechanisms for addressing greenhouse gas emissions

Not later than 18 months after October 24, 1992, the Secretary shall transmit a report to Congress containing a comparative assessment of alternative policy mechanisms for reducing the generation of greenhouse gases. Such assessment shall include a short-run and long-run analysis of the social, economic, energy, environmental, competitive, and agricultural costs and benefits, including costs and benefits for jobs and competition, and the practicality of each of the following policy mechanisms:

(1) Various systems for controlling the generation of greenhouse gases, including caps for the generation of greenhouse gases from major sources and emissions trading programs.

(2) Federal standards for energy efficiency for major sources of greenhouse gases, including efficiency standards for power plants, industrial processes, automobile fuel economy, appliances, and buildings, and for emissions of methane.

(3) Various Federal and voluntary incentives programs.

(Pub. L. 102–486, title XVI, §1604, Oct. 24, 1992, 106 Stat. 3002.)
October 27, 2015 

The Honorable Fred Upton 

Chairman, Committee on Energy 

 and Commerce 

United States House of Representatives 

Washington, DC 20515 

Dear Mr. Chairman: 

On behalf of the Commission, I am transmitting the September 2015 monthly status 

report on the U.S. Nuclear Regulatory Commission (NRC) activities and use of unobligated 

carryover funds appropriated from the Nuclear Waste Fund. This report describes NRC 

activities in September 2015 to address the remand by the U.S. Court of Appeals for the District 

of Columbia Circuit in the case In re Aiken County regarding the licensing process for the U.S. 

Department of Energy’s Yucca Mountain license application. 

 Please feel free to contact me or Eugene Dacus, Director of the Office of Congressional 

Affairs, at 301-415-1776, if you have questions or need more information. 

 Sincerely, 

/RA/ 

 Stephen G. Burns 

Enclosure: 

As stated 

cc: Representative Frank Pallone, Jr. 
Identical letter sent to: 

The Honorable Fred Upton 

Chairman, Committee on Energy 

 and Commerce 

United States House of Representatives 

Washington, DC 20515 

cc: Representative Frank Pallone, Jr. 

The Honorable John Shimkus 

Chairman, Subcommittee on Environment 

 and the Economy 

Committee on Energy and Commerce 

United States House of Representatives 

Washington, DC 20515 

cc: Representative Paul Tonko 

The Honorable James Inhofe 

Chairman, Committee on Environment 

 and Public Works 

United States Senate 

Washington, DC 20510 

cc: Senator Barbara Boxer 

The Honorable Shelley Moore Capito 

Chairman, Subcommittee on Clean Air 

 and Nuclear Safety 

Committee on Environment 

 and Public Works 

United States Senate 

Washington, DC 20510 

cc: Senator Thomas R. Carper 

The Honorable Ed Whitfield 

Chairman, Subcommittee on Energy 

 and Power 

Committee on Energy and Commerce 

United States House of Representatives 

Washington, DC 20515 

cc: Representative Bobby L. Rush 

The Honorable Harold Rogers 

Chairman, Committee on Appropriations 

United States House of Representatives 

Washington, DC 20515 

cc: Representative Nita Lowey 

The Honorable Mike Simpson 

Chairman, Subcommittee on Energy 

 and Water Development 

Committee on Appropriations 

United States House of Representatives 

Washington, DC 20515 

cc: Representative Marcy Kaptur 

The Honorable Lamar Alexander 

Chairman, Subcommittee on Energy 

 and Water Development 

Committee on Appropriations 

United States Senate 

Washington, DC 20510 

cc: Senator Dianne Feinstein
Part 5314 - Sealed Bidding

DAFFARS PART 5314 Knowledge Center

2019 Edition

Revised: June 2023

Subpart 5314.2 - SOLICITATION OF BIDS

5314.201-7 Contract Clauses

Subpart 5314.4 - OPENING OF BIDS AND AWARD OF CONTRACT

5314.407-3 Other Mistakes Disclosed Before Award

Subpart 5314.2 - SOLICITATION OF BIDS

5314.201-7 Contract Clauses

(b)(2) See MP5301.601(a)(i).

(c)(2) See MP5301.601(a)(i).

Subpart 5314.4 - OPENING OF BIDS AND AWARD OF

CONTRACT

5314.407-3 Other Mistakes Disclosed Before Award

(e) See MP5301.601(a)(i).

(h) The contracting officer shall maintain the records required by FAR 14.407-3(h) in the contract

file.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-50936 Summary Calendar

DAVID COREY, Plaintiff-Appellant,

versus UNITED STATES OF AMERICA; BUREAU OF PRISONS; RUDY FRANCO, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. EP-96-CV-301

- - - - - - - - - - September 5, 1997 Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges
PER CURIAM: * David Corey, federal prisoner # 09177-051, appeals the judgment of the district court granting the defendants’ motion to dismiss. We find no merit to Corey’s argument that Warden Franco and prison officials were deliberately indifferent to his medical needs in his work assignment in violation of the Eighth Amendment.2

Corey’s sole statutory remedy against the government for work-related injury is under the Inmate Accident Compensation Act, 18 U.S.C. § 4126. As to the constitutional claim against the federal actors pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics , 403 U.S. 388 (1971), Corey has not alleged facts to state a claim against Warden Franco in his supervisory capacity. See Thompkins v. Belt , 828 F.2d 298, 303 (5th Cir. 1987). Further, his claims against medical and factory personnel in their official capacities are also unavailing because the officials are protected by sovereign immunity. See Williamson v. United States Dep’t of Agric. , 815 F.2d 368, 380 (5th Cir. 1987). Corey has not demonstrated exceptional circumstances that would warrant the appointment of counsel. The district court did not abuse its discretion in declining to appoint counsel in this civil action. See Ulmer v. Chancellor , 691 F.2d 209, 212 (5th Cir. 1982). Equally unavailing is Corey’s argument that he was deprived of a hearing pursuant to Spears v. McCotter , 766 F.2d179, 182 (5th Cir. 1985). The facts in the complaint were welldeveloped, and Corey’s complaint was not dismissed as frivolous.
See Green v. McKaskle , 788 F.2d 1116, 1119 (5th Cir. 1986). Accordingly, the judgment of the district court is AFFIRMED.
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 Justice

          - [AAG/A Order No. 016-2004] 

                    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), the Personnel Staff, Justice Management Division (JMD), Department of Justice (Justice), is removing a previously published Privacy Act system of records entitled “Department of Justice Staffing and Classification System, Justice/JMD-021.” Justice/JMD-021 was published in the                     **Federal Register**                     on October 30, 2001 (66 FR 54781).                 

                    This notice is unnecessary because the records are adequately covered by an Office of Personnel Management (OPM) Governmentwide (GOVT) Privacy Act notice entitled “Recruiting, Examining, and Placement Records, OPM/GOVT-5,” last published in the                     **Federal Register**                     on April 27, 2000 (65 FR 24732, 24741). We note that the General Records Schedule (GRS) is revised periodically, and that the GRS 1, covering these records, has been updated since OPM published its notice. The Department of Justice maintains these records in accordance with the current disposition schedule for GRS 1. The GRS may be viewed at                     *http://www.archives.gov/​records_​management/​records_​schedules.html.*

                    Therefore, the “Department of Justice Staffing and Classification System, Justice/JMD-021” is removed from the Department's compilation of Privacy Act systems of records, effective on the date of publication of this notice in the                     **Federal Register**                    .                 

Dated: November 24, 2004. 

Paul R. Corts, 

Assistant Attorney General for Administration. 

[FR Doc. 04-26589 Filed 12-2-04; 8:45 am] 

BILLING CODE 4410-CG-P
----

----

|   | (1) | The Registrant’s Report on Form 10-Q for the three and six months ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ Michael V. Shustek                                   |
|----------------------------------------------------------|
| Michael V. Shustek                                       |
| Chief Executive Officer and Director*                    |
| of Vestin Mortgage, Inc., sole Manager of the Registrant |

| /s/ Michael V. Shustek                                   |
|----------------------------------------------------------|
| Michael V. Shustek                                       |
| Interim Chief Financial Officer**                        |
| of Vestin Mortgage, Inc., sole Manager of the Registrant |
#### In the Matter of the Claim of Ryan Van Beek, Appellant. Commissioner of Labor, Respondent.

[820 NYS2d 182]

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 14, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was employed as a service and repair technician for a scientific equipment distributor until he was fired on May 11, 2004 for failing to report to work on time. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant lost his job due to disqualifying misconduct. The record establishes that claimant received verbal warnings regarding his tardiness and was aware that his employment could be terminated if he was not on time for work. The employer testified that claimant was continually late for work and was ultimately discharged on May 11, 2004 for not arriving to work on time. Inasmuch as “[Continued lateness, despite prior warnings, can constitute disqualifying misconduct” *(Matter of Rush [Commissioner of Labor],*10 AD3d 798, 799 [2004]; *see Matter of Dintino [Commissioner of Labor],*21 AD3d 1151, 1151-1152 [2005]; *Matter of Chrysler [Commissioner of Labor],*9 AD3d 728, 728 [2004]), we find no reason to disturb the Board’s decision. Although claimant denied being late for work on May 11, 2004, this created a credibility issue for the Board to resolve *(see Matter of Mills [Unisource Worldwide, Inc.*—Commissioner *of Labor],*7 AD3d 845 [2004]; *Matter of Wayne [Commissioner of Labor],*261 AD2d 768, 769 [1999]). Claimant’s remaining contentions have been reviewed and found to be without merit.

Cardona, P.J, Mercure, Spain, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.
§ 171.50 Delegation to the General Counsel. ( a ) The Commission hereby delegates, until it orders otherwise, to the General Counsel, or any employee under the General Counsel's supervision as the General Counsel may designate, the authority: ( 1 ) To waive or modify any of the requirements of §§ 171.25, 171.26, 171.27 and to waive or modify any requirement of the part 171 Rules insofar as it pertains to changes in the time permitted for filing, or the form, execution, service and filing of documents;
( 2 ) To enter orders under §§ 171.10, 171.12, 171.21 and 171.31(c);
( 3 ) To decline to accept any notice of appeal, or petition for stay pending review, of matters specified in § 171.1(b) and to so notify the appellant and the registered futures association;
( 4 ) To stay the effective date of a decision of the National Futures Association in a disciplinary, membership denial or registration action, or a decision relating to such actions issued by the Commission pursuant to these rules, for a reasonable period of time, not to exceed 10 days, when such a stay is necessary to allow the Commission to consider a petition to stay the effective date of such a decision or a motion for similar relief;
( 5 ) To decline to accept any document which has not been filed or perfected as specified in these rules;
( 6 ) To determine motions seeking permission to participate in a proceeding under § 171.27 and to establish the related briefing schedule;
( 7 ) To establish briefing schedules under § 171.28; and
( 8 ) To enter any order which, in his judgment, will facilitate or expedite Commission review of a decision by the National Futures Association in a disciplinary, membership denial or registration action.
( b ) Within seven days after service of a ruling issued pursuant to paragraph (a) of this section, a party may file with the Proceedings Clerk a petition for Commission reconsideration of the ruling. Unless the Commission orders otherwise, the filing of a petition for reconsideration will not operate to stay the effective date of such ruling.
( c ) The General Counsel, or his designee, may submit to the Commission for its consideration any matter which has been delegated pursuant to paragraph (a) of this section.
( d ) Nothing in this section will be deemed to prohibit the Commission, at its election, from exercising the authority delegated to the General Counsel, or his designee, under this section.
[55 FR 41068, Oct. 9, 1990, as amended at 64 FR 46271, Aug. 25, 1999; 78 FR 1145, Jan. 8, 2013]
### §14001. Transferred

#### **Editorial Notes**

#### Codification

Section 14001 was editorially reclassified as section 12381 of Title 34, Crime Control and Law Enforcement.
#### § 1608.4 Guaranties furnished by nonresidents of the U.S. no bar to prosecution.

A guaranty furnished under section 8 of the act by a person who is not a resident of the United States may not be relied upon as a bar to prosecution under section 7 of the act for a violation of section 3 of the act.
#### Samuel Petruch v. Frank O'Callaghan.

Application denied, with ten dollars costs. Order signed. Present — Clarke, P. -J., Laughlin,-Dowling, Smith and Davis, JJ.
### §13431. General transportation

#### (a) Program direction

The Secretary shall conduct a 5-year program, in accordance with sections 13541 and 13542 of this title, on cost effective technologies to reduce the demand for oil in the transportation sector for all motor vehicles, including existing vehicles, through increased energy efficiency and the use of alternative fuels. Such program shall include a broad range of technological approaches, and shall include field demonstrations of sufficient scale and number in operating environments to prove technical and economic viability to meet the goals stated in section 13401 of this title. Such program shall include the activities required under sections 13432 through 13437 of this title, and ongoing activities of a similar nature at the Department of Energy.

#### (b) Program plan

Within 180 days after October 24, 1992, the Secretary shall prepare and submit to the Congress a 5-year program plan to guide activities under this part. In preparing the program plan, the Secretary shall consult with appropriate representatives of industry, utilities, institutions of higher education, Federal agencies, including national laboratories, and professional and technical societies.

#### (c) Proposals

Within 1 year after October 24, 1992, the Secretary shall solicit proposals for conducting activities under this section.

#### (d) "Alternative fuels" defined

For purposes of this part, the term "alternative fuels" includes natural gas, liquefied petroleum gas, hydrogen, fuels other than alcohol that are derived from biological materials, and any fuel the content of which is at least 85 percent by volume methanol, ethanol, or other alcohol.

#### (e) Authorization of appropriations

(1) There are authorized to be appropriated to the Secretary for carrying out this part, including all transportation sector energy conservation research and development (other than activities under section 13435 of this title) and all transportation sector biofuels energy systems under solar energy, $119,144,000 for fiscal year 1993 and $160,000,000 for fiscal year 1994.

(2) There are authorized to be appropriated to the Secretary for carrying out section 13435 of this title—

(A) $60,300,000 for fiscal year 1993;

(B) $75,000,000 for fiscal year 1994;

(C) $80,000,000 for fiscal year 1995;

(D) $80,000,000 for fiscal year 1996;

(E) $90,000,000 for fiscal year 1997; and

(F) $100,000,000 for fiscal year 1998.

(Pub. L. 102–486, title XX, §2021, Oct. 24, 1992, 106 Stat. 3061.)