alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Hilda Sierra, Appellant.

Judgment, Supreme Court, New York County, rendered on January 9, 1975, unanimously affirmed. The case is remanded to the Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (subd 5). No opinion. Concur — Kupferman, J. P., Birns, Silverman and Lane, JJ.
#### Palace Cloaks, Suits and Millinery, appellee, v. American Railway Express Company, appellant.

Gen. No. 27,731.

Action for the value of two shipments of dresses which defendant failed to deliver. Judgment for plaintiff for $175. Appeal from the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding. Heard in this court at the March term, 1922.

Reversed and judgment here for $106.

Opinion filed October 30, 1922.

William A. Purcell, for appellant. Hoyne & O’Connor, for appellee.

Mr. Presiding Justice McSurely

delivered the opinion of the court.
#### § 172.7 Procedure in the event of an adverse ruling.

If the court or other judicial or quasi-judicial authority declines to stay the effect of the demand in response to a request made pursuant to § 172.6, or if the court or other authority rules that the demand must be complied with irrespective of the Department's instructions not to produce the material or disclose the information sought, the employee upon whom the demand has been made shall respectfully decline to comply with the demand, citing this part and *United States ex rel. Touhy* v. *Ragen,* 340 U.S. 462 (1951).
### §300cc–51. Definitions

For purposes of this subchapter:

(1) The term "infection", with respect to the etiologic agent for acquired immune deficiency syndrome, includes opportunistic cancers and infectious diseases and any other conditions arising from infection with such etiologic agent.

(2) The term "treatment", with respect to the etiologic agent for acquired immune deficiency syndrome, includes primary and secondary prophylaxis.

(July 1, 1944, ch. 373, title XXIII, §2361, as added Pub. L. 100–607, title II, §201(4), Nov. 4, 1988, 102 Stat. 3078; amended Pub. L. 103–43, title XVIII, §1811(8), June 10, 1993, 107 Stat. 200.)

#### **Editorial Notes**

#### Amendments

1993—Pub. L. 103–43 substituted provisions defining "infection" and "treatment" for former provisions which read as follows: "For purposes of this subchapter, the term 'infection with the etiologic agent for acquired immune deficiency syndrome' includes any condition arising from infection with such etiologic agent".
#### § 224.45 Deposit in Treasury of United States.

All amounts collected pursuant to this part shall be deposited as miscellaneous receipts in the Treasury of the United States, except as provided in 31 U.S.C. 3806(g).
SUSANA MARTINEZ Governor JOHN A. SANCHEZ Lieutenant Governor

August 28, 2015

Mr. Ron Curry Harold Runnels Building 1190 Saint Francis Drive, PO Box 5469 Santa Fe, NM 87502-5469 Telephone (505) 827-2855 Fax (505) 827-2836 www.env.nm.gov

Regional Administrator (6-A) U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Subject: Withdrawal ofCAP Provisions inNew Mexico's Small Business SIP
DearMr. Curry: RYAN FLYNN Cabinet Seeretary BUTCH TONGATE Deputy Secretary

On behalf of the New Mexico Environment Department (NMED) and City of Albuquerque Environmental Health Department (COA/EHD), I am requesting the withdrawal of all sections and references to the New Mexico Compliance Advisory Panel (CAP) in the U.S. Environmental Protection Agency's (EPA) review of both 1992 State Implementation Plan (SIP) Revisions submitted by the State ofNew Mexico and City ofAlbuquerque for a Small Business Stationary SourceTechnical and Environmental ComplianceAssistanceProgram (Small Business Assistance SIP). Specifically, this letter withdraws the description ofthe CAP in "Summary ofthe Small Business Assistance Program" (page 2); the sentence referencing the CAP in "Albuquerque Small Business Assistance Program" (page 3); the entirety of Section III ("New Mexico Compliance Advisory Panel"); and the threeimplementation dates concerningthe CAP inthe "SummarySchedule" (page 8). The creation and operationofa CAP isnotrequired underCleanAirAct (CAA) Section 507(a), which defines theplan revision requirements for a state's Small Business Assistance SIP. Although it was included in both 1992 SIP revisions submitted to EPA, NMED and COA/EHD currently do not deem this provision to be an appropriate inclusion in either New Mexico or COA/EHD's Small Business Assistance SIPs due to its omission under CAA Section 507(a).Mr. Ron Curry, Administrator EPA Region VI August 28, 2015 Page2

We appreciateEPA's assistance 

### in this matter. Ifyouhave anyquestions regardingthis withdrawal request, please contact Rita Bates at (505) 476-4304. Sincerely,

# f~~

cc: Mr. Guy Donaldson, EPA Region 6 Mr. Michael Vonderheide, Director, Environmental Protection Division Mr. Richard Goodyear, Chief, Air Quality Bureau Ms. Mary Lou Leonard, City ofAlbuquerque, Environmental Health Department Director
#### Anastacio RAMIREZ-QUIROZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-75192.

United States Court of Appeals, Ninth Circuit.

Submitted March 12, 2007.*

Filed March 15, 2007.

Anastacio Ramirez-Quiroz, Pacoima, CA, pro se.

*526CAC-District Counsel, Esq., Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department Of Homeland Security, San Francisco, CA, Kurt B. Larson, Esq., Stacy S. Paddack, DOJ-U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: KOZINSKI, LEAVY, and BYBEE, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. *526R.App. P. 34(a)(2).

MEMORANDUM **

Anastacio Ramirez-Quiroz, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider its prior order dismissing as untimely Ramirez-Quiroz’s appeal from an immigration judge’s decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252.

Even construing his opening brief liberally, Ramirez-Quiroz fails to raise, and therefore has waived, any challenge to the BIA’s determinations that his motion to reconsider failed to establish an error of fact or law in its prior order. *See Martinez-Serrano v. INS,*94 F.3d 1256, 1259-60 (9th Cir.1996) (stating that issues not supported by argument are deemed abandoned).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
### §15201. Authorization of Medal

After September 1, 2001, the President may award, and present in the name of Congress, a Medal of Valor of appropriate design, with ribbons and appurtenances, to a public safety officer who is cited by the Attorney General, upon the recommendation of the Medal of Valor Review Board, for extraordinary valor above and beyond the call of duty. The Public Safety Medal of Valor shall be the highest national award for valor by a public safety officer.

(Pub. L. 107–12, §2, May 30, 2001, 115 Stat. 20.)

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

#### Short Title

Pub. L. 107–12, §1, May 30, 2001, 115 Stat. 20, provided that: "This Act [enacting this chapter and amending section 2214 of Title 15, Commerce and Trade] may be cited as the 'Public Safety Officer Medal of Valor Act of 2001'."
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United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

ROGER PLANK,

Petitioner,

 v.

BEN CURRY, Warden,

Respondent.

 /

No. C 08-3310 TEH (PR)

ORDER REQUESTING SUPPLEMENTAL

BRIEFING

A recent en banc decision from the Ninth Circuit, Hayward

v. Marshall, No. 06-55392, 2010 WL 1664977 (9th Cir. April 22, 2010)

(en banc), addressed important issues relating to federal habeas

review of BPH decisions denying parole to California state

prisoners. As such, the Court will provide each party an

opportunity to submit a supplemental brief (not to exceed ten (10)

pages in length) explaining his views of how the Hayward en banc

decision applies to the facts presented in Petitioner’s challenge to

BPH’s decision denying him parole. 

//

//

Case 3:08-cv-03310-TEH Document 7 Filed 05/03/10 Page 1 of 2
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The Court sets the following schedule:

1. No later than May 10, 2010, Respondent must send to

Petitioner a copy of the Hayward en banc decision. 

2. No later than May 28, 2010, Respondent must file and

serve any supplemental brief applying Hayward to the facts presented

in Petitioner’s case. 

3. No later than July 2, 2010, Petitioner must file and

serve any supplemental brief applying Hayward to the facts presented

in his case. 

IT IS SO ORDERED.

DATED 05/03/10 

THELTON E. HENDERSON

United States District Judge

G:\PRO-SE\TEH\HC.08\Plank-08-3310-hayward briefing.wpd

Case 3:08-cv-03310-TEH Document 7 Filed 05/03/10 Page 2 of 2
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

# AGENCY:

Bureau of Land Management (BLM), Colorado State Office, Interior. 

# ACTION:

Notice of renewal for the Canyons of the Ancients National Monument Advisory Committee. 

# SUMMARY:

This notice is published in accordance with Section 9(a)(2) of the Federal Advisory Committee Act of 1972, Public Law 92-463. Notice is hereby given that the Secretary of the Interior has renewed the Bureau of Land Management's Canyons of the Ancients National Monument Advisory Committee. 

The purpose of the Committee is to provide advice and counsel to the Bureau of Land Management, through the Canyons of the Ancients National Monument Manager, regarding the development and implementation of a management plan for public lands within the Monument area. 

# FOR FURTHER INFORMATION CONTACT:

                        Melanie Wilson Gore, Intergovernmental Affairs (640), Bureau                               ( print page 71069)                            of Land Management, 1620 L Street, NW., Room 406 LS, Washington, DC 20036, telephone (202) 452-0377.                     

## Certification Statement 

I hereby certify that the renewal of the Canyons of the Ancients National Monument Advisory Committee is necessary and in the public interest in connection with the Secretary of the Interior's responsibilities to manage the lands, resources, and facilities administered by the Bureau of Land Management. 

Dated: November 18, 2004. 

Gale A. Norton, 

Secretary of the Interior. 

[FR Doc. 04-26869  Filed 12-7-04; 8:45 am] 

BILLING CODE 4310-10-M
LOUIS A. LEONE, ESQ. (SBN: #099874) 1

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CLAUDIA LEED, ESQ. (SBN: # 122676) 

STUBBS & LEONE 

A Professional Corporation 

2175 N. California Blvd., Suite 900 

Walnut Creek, California 94596 

Telephone: (925) 974-8600 

Facsimile: (925) 974-8601 

Attorneys for Defendant 

PERALTA COMMUNITY COLLEGE DISTRICT 

PAUL L. REIN, ESQ. (SBN: # 43053) 

JULIA OSTIL, ESQ. (SBN # 215202) 

CELIA McGUINNESS (SBN # 159420) 

LAW OFFICES OF PAUL L. REIN 

200 Lakeside Drive, Suite A 

Oakland, California 94612 

Telephone: (510) 832-5001 

Facsimile: (510) 832-4787 

Attorneys for Plaintiff 

JANICE PAYNE 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

JANICE PAYNE, 

 Plaintiff, 

 vs. 

PERALTA COMMUNITY COLLLEGE 

DISTRICT; DOES 1 through 10, 

inclusive, 

 Defendants. 

Case No.: C08-03133 RS (JL) 

STIPULATION AND PROPOSED 

ORDER TO SCHEDULE SETTLEMENT 

CONFERENCE 

Date: May 5, 2010 

Time: 2:00 p.m. 

Courtroom: Honorable James Larson

 

The parties to the above captioned litigation hereby stipulate by and through their 

undersigned counsel of record to the following: 

\\\ 

_________________________________________________________________________________________________________ 

STIPULATION AND PROPOSED ORDER RE: SETTLEMENT CONFERENCE C-08-03113 RS 

1 

Case 3:08-cv-03133-RS Document 46 Filed 04/27/10 Page 1 of 2 Case3:08-cv-03133-RS Document44 Filed04/21/10 Page1 of 2
The parties hereby request that the Court schedule a continued Settlement 

Conference for May 5, 2010 at 2:00 p.m. 

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 IT IS SO STIPULATED. 

Dated: May __, 2010 STUBBS & LEONE

 _______/S/______________________________ 

CLAUDIA LEED, ESQ. 

 Attorneys for Defendant 

 PERALTA COMMUNITY 

COLLEGE DISTRICT 

Dated: May___, 2010 LAW OFFICES OF PAUL L. REIN

 ____________/S/______________________ 

 CELIA McGUINNESS, ESQ. 

 Attorneys for Plaintiff JANICE PAYNE 

ORDER 

 Pursuant to the Stipulation of the parties it is hereby ordered that the continued 

Settlement Conference in this matter is to be held on May 5, 2010 at 2:00 p.m. 

 IT IS SO ORDRED: 

Dated: May___ 2010 ____________________________ 

 JAMES LARSON 

 MAGISTRATE JUDGE 

_________________________________________________________________________________________________________ 

STIPULATION AND PROPOSED ORDER RE: SETTLEMENT CONFERENCE C-08-03113 RS 

2 

Case 3:08-cv-03133-RS Document 46 Filed 04/27/10 Page 2 of 2 Case3:08-cv-03133-RS Document44 Filed04/21/10 Page2 of 2
### §3796jj–3. Transferred

#### **Editorial Notes**

#### Codification

Section 3796jj–3 was editorially reclassified as section 10494 of Title 34, Crime Control and Law Enforcement.
### §300cc–31. Fellowships and training

#### (a) In general

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish fellowship and training programs to be conducted by the Centers for Disease Control and Prevention to train individuals to develop skills in epidemiology, surveillance, testing, counseling, education, information, and laboratory analysis relating to acquired immune deficiency syndrome. Such programs shall be designed to enable health professionals and health personnel trained under such programs to work, after receiving such training, in national and international efforts toward the prevention, diagnosis, and treatment of acquired immune deficiency syndrome.

#### (b) Programs conducted by National Institute of Mental Health

The Secretary, acting through the Director of the National Institute of Mental Health, shall conduct or support fellowship and training programs for individuals pursuing graduate or postgraduate study in order to train such individuals to conduct scientific research into the psychological and social sciences as such sciences relate to acquired immune deficiency syndrome.

#### (c) Relationship to limitation on number of employees

Any individual receiving a fellowship or receiving training under subsection (a) or (b) shall not be included in any determination of the number of full-time equivalent employees of the Department of Health and Human Services for the purpose of any limitation on the number of such employees established by law prior to, on, or after November 4, 1988.

#### (d) Authorization of appropriations

For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each fiscal year.

(July 1, 1944, ch. 373, title XXIII, §2341, as added Pub. L. 100–607, title II, §201(4), Nov. 4, 1988, 102 Stat. 3076; amended Pub. L. 100–690, title II, §2617(e), Nov. 18, 1988, 102 Stat. 4240; Pub. L. 102–531, title III, §312(d)(21), Oct. 27, 1992, 106 Stat. 3505; Pub. L. 103–43, title XVIII, §1811(7), June 10, 1993, 107 Stat. 200.)

#### **Editorial Notes**

#### Amendments

1993—Subsec. (d). Pub. L. 103–43 substituted "fiscal year" for "of the fiscal years 1989 through 1991".

1992—Subsec. (a). Pub. L. 102–531, which directed the substitution of "Centers for Disease Control and Prevention" for "Centers for Disease Control", was executed by making the substitution in two places to reflect the probable intent of Congress.

1988—Subsec. (c). Pub. L. 100–690 substituted "date of the enactment of the AIDS Amendments of 1988" for "date of the enactment of the AIDS Federal Policy Act of 1988" which for purposes of codification was translated as "November 4, 1988".

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

#### Effective Date of 1988 Amendment

Amendment by Pub. L. 100–690 effective immediately after enactment of Pub. L. 100–607, which was approved Nov. 4, 1988, see section 2600 of Pub. L. 100–690, set out as a note under section 242m of this title.
**Exhibit 31.1****Rule 13a-14(a)/15d-14(a) Certification of Principal Executive Officer**I, James H. Long, certify that:1. I have reviewed this quarterly report on Form 10-Q of INX Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) forthe registrant and have:a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under my supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to me by others withinthose entities, particularly during the period in which this report is being prepared;b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report my conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; andc) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions):a) All significant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information; andb) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.     Date: May 5, 2006 /s/ JAMES H. LONG         James H. Long, Chief Executive Officer
27
Editorial Note on Part 142
Editorial Note: Nomenclature changes to part 142 appear at 68 FR 51359, Aug. 26, 2003.

§ 142.44 Academic adjustments. ( a ) *Academic requirements.* A recipient to which this subpart applies shall make such modifications to its academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discrimination, on the basis of handicap, against a qualified handicapped applicant or student. Academic requirements that the recipient can demonstrate are essential to the instruction being pursued by such student or to any directly related licensing requirement will not be regarded as discriminatory within the meaning of this section. Modifications may include changes in the length of time permitted for the completion of degree requirements, substitution of specific courses required for the completion of degree requirements, and adaptation of the manner in which specific courses are conducted.
( b ) *Other rules.* A recipient to which this subpart applies may not impose upon handicapped students other rules, such as the prohibition of tape recorders in classrooms or of dog guides in campus buildings, that have the effect of limiting the participation of handicapped students in the recipient's education program or activity.
( c ) *Course examinations.* In its examinations or other procedures for evaluating students' academic achievement, a recipient to which this subpart applies shall provide such methods for evaluating the achievement of students who have a handicap that impairs sensory, manual, speaking or other skills as will best ensure that the results of the evaluation represent the student's achievement in the course, rather than reflecting the student's impaired sensory, manual, speaking or other skills (except where such skills are the factors that the test purports to measure).
( d ) *Auxiliary aids.* ( 1 ) A recipient to which this subpart applies shall take such steps as are necessary to ensure that no handicapped student is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination because of the absence of educational auxiliary aids for students with impaired sensory, manual, speaking or other skills.
( 2 ) Auxiliary aids may include taped texts, interpreters, telecommunication devices for the deaf or other effective methods of making orally delivered materials available to students with hearing impairments, readers in libraries for students with visual impairments, classroom equipment adapted for use by students with manual impairments, and other similar services and actions. Recipients need not provide attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.
#### In the Matter of the Arbitration between Marshay Novelties, Inc., Appellant, and Allen Knitting Mills, Inc., Respondent.

Judgment, Supreme Court, New York County, entered on November 22, 1977, unanimously affirmed on the opinion of Schwartz, J., at Special Term. The respondent shall recover of the appellant $40 costs and disbursements of this appeal. Concur—Lupiano, J. P., Birns, Evans and Markewich, JJ.