alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 1508.520 Who places the information into the EPLS? Federal officials who take actions to exclude persons under this part or officials who are responsible for identifying disqualified persons must enter the following information about those persons into the *EPLS*: ( a ) Information required by § 1508.515(a);
( b ) The Taxpayer Identification Number (TIN) of the excluded or disqualified person, including the social security number (SSN) for an individual, if the number is available and may be disclosed under law;
( c ) Information about an excluded or disqualified person, generally within five working days, after— ( 1 ) Taking an exclusion action;
( 2 ) Modifying or rescinding an exclusion action;
( 3 ) Finding that a person is disqualified; or
( 4 ) Finding that there has been a change in the status of a person who is listed as disqualified.
§ 224.12 Notice of hearing. ( a ) When the ALJ receives the complaint and answer, the ALJ shall promptly serve a notice of hearing upon the defendant in the manner prescribed by § 224.8. At the same time, the ALJ shall send a copy of such notice to the representative for the Government.
( b ) Such notice shall include: ( 1 ) The tentative time and place, and the nature of the hearing;
( 2 ) The legal authority and jurisdiction under which the hearing is to be held;
( 3 ) The matters of fact and law to be asserted;
( 4 ) A description of the procedures for the conduct of the hearing;
( 5 ) The name, address, and telephone number of the representative of the Government and of the defendant, if any; and
( 6 ) Such other matters as the ALJ deems appropriate.
#### Elias Feinstein, appellee, v. Samuel Schwartz, appellant.

Gen. No. 7,079.

Assumpsit upon an account for- soft drinks sold to appellee. Judgment for appellee upon credits for returned bottles. Appeal from the Circuit Court of Lake county; the Hon. Edward D. Shurtleff, Judge, presiding. ■ Heard in this court at the April term, 1922.

Affirmed.

Opinion filed October 25, 1922.

George W. Field and Cooke, Pope *&*Pope, for appellant. A. F. Beaubien, for appellee.

Mr. Presiding Justice Jones

delivered the opinion - of the court.
I 

112TH CONGRESS 

2D SESSION H. R. 4312 

To amend chapter 21 of title 5, United States Code, to provide that fathers 

of certain permanently disabled or deceased veterans shall be included 

with mothers of such veterans as preference eligibles for treatment in 

the civil service. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2012 

Mr. BISHOP of New York (for himself, Mr. TURNER of New York, Mr. CROWLEY, Mr. KISSELL, Ms. RICHARDSON, Mr. TOWNS, Ms. NORTON, Mrs. 

DAVIS of California, and Mr. JONES) introduced the following bill; which 

was referred to the Committee on Oversight and Government Reform 

A BILL 

To amend chapter 21 of title 5, United States Code, to 

provide that fathers of certain permanently disabled or 

deceased veterans shall be included with mothers of such 

veterans as preference eligibles for treatment in the civil 

service. 

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 ‘‘Gold Star Fathers Act 

5 of 2012’’. 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•HR 4312 IH

1 SEC. 2. PREFERENCE ELIGIBLE TREATMENT FOR FATHERS 

2 OF CERTAIN PERMANENTLY DISABLED OR 

3 DECEASED VETERANS. 

4 Section 2108(3) of title 5, United States Code, is 

5 amended by striking subparagraphs (F) and (G) and in6 serting the following: 

7 ‘‘(F) the parent of an individual who lost 

8 his or her life under honorable conditions while 

9 serving in the armed forces during a period 

10 named by paragraph (1)(A) of this section, if— 

11 ‘‘(i) the spouse of that parent is to12 tally and permanently disabled; or 

13 ‘‘(ii) that parent, when preference is 

14 claimed, is unmarried or, if married, le15 gally separated from his or her spouse; 

16 ‘‘(G) the parent of a service-connected per17 manently and totally disabled veteran, if— 

18 ‘‘(i) the spouse of that parent is to19 tally and permanently disabled; or 

20 ‘‘(ii) that parent, when preference is 

21 claimed, is unmarried or, if married, le22 gally separated from his or her spouse; 

23 and’’. 


srobinson on DSK4SPTVN1PROD with BILLS
3 

•HR 4312 IH

1 SEC. 3. EFFECTIVE DATE. 

2 The amendment made by this Act shall take effect 

3 90 days after the date of enactment of this Act. 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS
#### In the Matter of Philip Scharf, Practicing under the Name of Herdling & Scharf. Catherine B. Holt, as Administratrix of the Estate of Calvin A. Holt, Deceased.

Motion to dismiss appeal unanimously granted, with $10 costs, unless the appellant procures the record on appeal and appellant’s points to be served and filed on or before February 16, 1961, with notice of argument for February 28, 1961. Respondent’s points to be served and filed on or before February 23, 1961. Concur — Botein, P. J., Valente, Stevens, Eager and Bergan, JJ.
#### § 171.32 Denial of Public Access to Confidential Financial Disclosure Reports—OGE Form 450.

No member of the public shall have access to confidential financial disclosure reports filed pursuant to 5 CFR 2634, Subpart I, except pursuant to the order of a Federal court or as otherwise provided under the Privacy Act. See 5 U.S.C. 552a.
#### The People of the State of New York, Plaintiff, v Willie Thomas and Sammy Thomas, Defendants.

Motion for change of venue denied. Memorandum: On this application it does not appear that a fair trial cannot be obtained in Cayuga County, and at this time we deem the motion premature (see *People v Di Piazza,*24 NY2d 342; *People v Hatch,*46 AD2d 721; *People v Sekou,*45 AD2d 982). Present — Marsh, P. J., Moule, Simons, Dillon and Witmer, JJ.
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#  Air University 

**Collected by:** Federal Depository Library Program Web Archive 

**Archived since:**May, 2019

**Description:**
Air University (AU), headquartered at Maxwell AFB, Alabama, is a major component of Air Education and Training Command (AETC) and is the lead agent for Air Force education. AU provides the full spectrum of Air Force education, encompassing precommissioning programs for new officers; graduate programs in specialized military disciplines; progressive, career-long professional military development for officer, enlisted, and civilian Airmen; and specialized programs for US cabinet appointees, senior executive service (SES) civilians, and general officers.

**Subject:**    	    Government - US Federal,     	    Military & Veterans

**Creator:**    	    U. S. Air Force

**Language:**    	    English

**Collector:**    	    U.S. Government Publishing Office

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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                    
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###### Department of Justice

###### Antitrust Division

                    Notice is hereby given that, on September 20, 2004, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq*. (“the Act”), The Secure Identity Services Accreditation Corporation (“SISAC”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the name and principal place of business of the standards development organization and (2) the nature and scope of its standards development activities. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.                

Pursuant to section 6(b) of the Act, the name and principal place of business of the standards development organization is: The Secure Identity Services Accreditation Corporation, Washington, DC. The nature and scope of SISAC's standards development activities are: to adopt voluntary standards for the real estate finance industry in cooperation with mortgage lenders, government-sponsored enterprises (“GSEs”), and other organizations to set minimum standards for Public Key Infrastructure (“PKI”), other electronic authentication methods and secure identity providers.

Dorothy B. Fountain,

Deputy Director of Operations, Antitrust Division.

[FR Doc. 04-27540  Filed 12-15-04; 8:45 am]

BILLING CODE 4410-11-M
#### John A. Walsh, Appellant, v. Aloysius J. Henning et al., Respondents.

In an action for an accounting, and for Other relief, plaintiff appeals from an order of the Supreme Court, Westchester County, dated October 23, 1961, which denied his motion, made under rule 109 of the Rules of Civil Practice, to strike out as insufficient in law the affirmative defense of the Statutes of Limitations and the Statutes of Fraud contained in paragraphs three to eight of defendants’ answers. Order affirmed, with $10 costs and disbursements. No opinion. Beldock, P. J., Ughetta, Kleinfeld, Brennan and Hill, JJ., concur. [31 Misc 2d 871.]
#### In the Matter of Gary Griffen, Appellant, v Glenn S. Goord, as Commissioner of the Department of Correctional Services, Respondent.

[715 NYS2d 549]

Rose, J.

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered October 12, 1999 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

After forged documents were seized from his cell, petitioner, a prison inmate, was charged in a misbehavior report with violating the prison disciplinary rule that prohibits forgery. When petitioner was subsequently convicted of five counts of perjury in the second degree in connection with the forged documents, the misbehavior report was dismissed and another misbehavior report was issued charging petitioner with committing a Penal Law offense. Petitioner was found guilty of the Penal Law offense charge and unsuccessfully pursued an administrative appeal. Thereafter, petitioner commenced this CPLR article 78 proceeding and Supreme Court dismissed the petition. Petitioner appeals.

We affirm. Petitioner’s assertion that he was not served with a copy of the second misbehavior report is belied by the record which reveals that petitioner received the report at least 24 hours prior to the commencement of the hearing *(see,*7 NYCRR 254.6 [a]). Moreover, the report was not defective inasmuch as *613it specified the basis of the charge and other identifying information with sufficient particularity to enable petitioner to prepare a defense (see, *Matter of Maya v Goord,*272 AD2d 724, 725; *Matter of Couch v Goord,*255 AD2d 720, 721-722).

We also reject petitioner’s contention that he was denied effective employee assistance and documentary evidence because his assistant failed to accommodate his requests for a written disposition of the first misbehavior report and the sentencing minutes from the perjury conviction. No written disposition was rendered on the first misbehavior report due to its dismissal and the sentencing minutes were unavailable *(see, Matter of Johnson v Selsky,*257 AD2d 874, 875). In any event, the Hearing Officer made every attempt during the hearing to furnish petitioner with substitute documentation which contained much of the requested information.

Finally, we are not persuaded that the Hearing Officer was biased or improperly restricted petitioner’s examination of a witness to those questions which were not repetitive or redundant *(see, Matter of Williams v Goord,*242 AD2d 842; *Matter of Lee v McCoy,*233 AD2d 633). Petitioner’s remaining contentions have been reviewed and rejected as lacking in merit.

Mercure, J. P., Spain, Carpinello and Mugglin, JJ., concur. Ordered that the judgment is affirmed, without costs.
§ 16.5 Relationship to other remedies. ( a ) A grievant may not file a grievance under these procedures if the grievant has formally requested, prior to filing a grievance, that the matter or matters which are the basis of the grievance be considered or resolved and relief be provided, under another provision of law, regulation, or executive order, and the matter has been carried to final decision thereunder on its merits or is still under consideration.
( b ) If a grievant is not prohibited from filing a grievance under these regulations by paragraph (a) of this section, the grievant may file under these regulations notwithstanding the fact that such grievance may be eligible for consideration, resolution, and relief under a regulation or executive order other than under these regulations, but such election of remedies shall be final upon the acceptance of jurisdiction by the Board.
#### Rochester Truck Rental, Inc., Appellant, v City of Rochester et al., Respondents.

Judgment unanimously affirmed, with costs, on the opinion at Special Term, Patlow, J. (Appeal from judgment of Monroe Supreme Court—article 78.) Present—Marsh, P. J., Moule, Simons, Dillon and Witmer, JJ.
#### § 5.4 Applicability of part 4 of this chapter to commodity pool operators and commodity trading advisors.

Part 4 of this chapter applies to any person required pursuant to the provisions of this part 5 to register as a commodity pool operator or as a commodity trading advisor. Failure by any such person to comply with the requirements of part 4 will constitute a violation of this section and the relevant section of part 4.
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UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22
- 6866

KELLY HARPER , Petitioner

- Appellant ,

v. WARDEN OF SFF HAZELTON , Respondent

- Appellee

.

Appeal from the United States District Court for the Northern District of West Virginia , at Wheeling

. John Preston Bailey , District Judge. ( 5:22

- cv - 00072

- JPB

- JPM )

Submitted : November 17, 2022 Decided: November 23, 2022

Before KING, QUATTLEBAUM, and RUSHING , Circuit Judges.

Affirmed as modified by un published per curiam opinion

. Kelly Harper , Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6866 Doc: 11 Filed: 11/23/2022 Pg: 1 of 22 PER CURIAM: Kelly Harper , a federal prisoner, appea ls the district court’s order dismissing with prejudice her 28 U.S.C. § 2241 petition in which she challenged the execution of her
sentence. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court ’s order , Harp er v. Warden of SFF Hazelton , No. 5:22

- cv - 00072

- JPB

- JPM (N.D.W. Va. July 7, 2022) , but modify the order to reflect that the dismissal is without prejudice, see Moss v. Harwood , 19 F.4th 614, 623 n.3 (4th Cir. 2021) (noting district court’s dismissal withou t prejudice of prisoner’s civil rights claim for failure to exhaust administrative remedies was “[c]onsistent with precedent” and citing cases) . We deny Harper’s motion to appoint counsel and dispense with oral argument because the facts and legal content ions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED AS MODIFIED USCA4 Appeal: 22-6866 Doc: 11 Filed: 11/23/2022 Pg: 2 of 2
#### § 1600.151 Program accessibility: New construction and alterations.

Each building or part of a building that is constructed or altered by, on behalf of, or for the use of the agency shall be designed, constructed, or altered so as to be readily accessible to and usable by handicapped persons. The definitions, requirements, and standards of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by this section.
### §285e–10. Aging processes regarding women

The Director of the Institute, in addition to other special functions specified in section 285e–1 of this title and in cooperation with the Directors of the other national research institutes and agencies of the National Institutes of Health, shall conduct research into the aging processes of women, with particular emphasis given to the effects of menopause and the physiological and behavioral changes occurring during the transition from pre- to post-menopause, and into the diagnosis, disorders, and complications related to aging and loss of ovarian hormones in women.

(July 1, 1944, ch. 373, title IV, §445H, as added Pub. L. 103–43, title VIII, §802, June 10, 1993, 107 Stat. 163; amended Pub. L. 105–340, title I, §105, Oct. 31, 1998, 112 Stat. 3193; Pub. L. 109–482, title I, §103(b)(24), Jan. 15, 2007, 120 Stat. 3688.)

#### **Editorial Notes**

#### Amendments

2007—Pub. L. 109–482 struck out subsec. (a) designation before "The Director" and subsec. (b) which read as follows: "For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1999 through 2003. The authorization of appropriations established in the preceding sentence is in addition to any other authorization of appropriation that is available for such purpose."

1998—Pub. L. 105–340 designated existing provisions as subsec. (a) and added subsec. (b).

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

#### Effective Date of 2007 Amendment

Amendment by Pub. L. 109–482 applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as a note under section 281 of this title.
#### UNITED STATES of America, Plaintiff-Appellee, v. Christopher Jerome JOHNSON, Defendant-Appellant.

No. 06-20022

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 17, 2007.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Kimberly S. Keller, The Keller Group, San Antonio, TX, for Defendant-Appellant.

*234Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.

PER CURIAM: *

Christopher Jerome Johnson was convicted of one charge of possession of five or more grams of cocaine base with intent to distribute and sentenced to serve 120 months in prison. Johnson appeals his sentence. He argues that the appellate waiver clause in his plea agreement is invalid because it is too broad and that his sentence is improper under *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The Government contends that the waiver clause is valid and should be enforced.

The record reflects that Johnson knowingly and voluntarily waived his appellate rights. *See United States v. Melancon,*972 F.2d 566, 567-68 (5th Cir.1992). Consideration of Johnson’s *Booker*claim is barred by the plain language of the waiver. *See United States v. Bond,*414 F.3d 542, 544 (5th Cir.2005). Accordingly, we do not consider the merits of Johnson’s sentencing challenge, and the judgment of the district court is AFFIRMED.

*

 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.