alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17
- 6662

CHRISTOPHER GAYTON , Plaintiff

- Appellant ,

v. OFFICER KUSTANBAUER, Correctional Officer; OFFICER PHILLIPS, Correctional Officer; UNKNOWN ESCORTING OFFICER #2, Correctional Officer; K. LAYBOURNE, Dr., Medical Administrator; OFFICER KULFMAN, Correctional Officer; UNKNOWN ESCORTING OFFICER #1, Correctional Officer , Defendants

- Appellees

.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria

. Leonie M. Brinkema , District Judge. ( 1:16

- cv
- 01577

- LMB

- MSN )

Submitted : November 16, 2017 Decided: November 20, 2017

Before GREGORY, Chief Judge, and TRAXLER and KEENAN , Circuit Judges.

Affirmed by un published per curiam opinion

.
Christopher Gayton, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Christopher Gayton app eals the district court’s or ders dismissing his complaint

. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Gayton v. Kustanbauer , No. 1:16

- cv
- 01577

- LMB

MSN (E.D. Va. Feb. 10, 2017; filed Apr. 11, 2017 , entered Apr. 12, 2017 ) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED
### §265. Suspension of entries and imports from designated places to prevent spread of communicable diseases

Whenever the Surgeon General determines that by reason of the existence of any communicable disease in a foreign country there is serious danger of the introduction of such disease into the United States, and that this danger is so increased by the introduction of persons or property from such country that a suspension of the right to introduce such persons and property is required in the interest of the public health, the Surgeon General, in accordance with regulations approved by the President, shall have the power to prohibit, in whole or in part, the introduction of persons and property from such countries or places as he shall designate in order to avert such danger, and for such period of time as he may deem necessary for such purpose.

(July 1, 1944, ch. 373, title III, §362, 58 Stat. 704.)

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

#### Change of Name

"Secretary of Health and Human Services" substituted for "Secretary of Health, Education, and Welfare" pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

#### **Executive Documents**

#### Transfer of Functions

Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754.

#### Delegation of Functions

For assignment of functions of President under this section, see section 3 of Ex. Ord. No. 13295, Apr. 4, 2003, 68 F.R. 17255, set out as a note under section 264 of this title.
### §3030s–2. Maintenance of effort

Funds made available under this part shall supplement, and not supplant, any Federal, State, or local funds expended by a State or unit of general purpose local government (including an area agency on aging) to provide services described in section 3030s–1 of this title.

(Pub. L. 89–73, title III, §374, as added Pub. L. 106–501, title III, §316(2), Nov. 13, 2000, 114 Stat. 2256; amended Pub. L. 114–144, §4(m), Apr. 19, 2016, 130 Stat. 341.)

#### **Editorial Notes**

#### Prior Provisions

Prior sections 3030s–11 and 3030s–12, which comprised subpart II of this part, were repealed by Pub. L. 109–365, title III, §322, Oct. 17, 2006, 120 Stat. 2552.

Section 3030s–11, Pub. L. 89–73, title III, §375, as added Pub. L. 106–501, title III, §316(2), Nov. 13, 2000, 114 Stat. 2256, provided for an innovation grant program.

Section 3030s–12, Pub. L. 89–73, title III, §376, as added Pub. L. 106–501, title III, §316(2), Nov. 13, 2000, 114 Stat. 2257, directed Assistant Secretary to carry out activities of national significance to promote quality and continuous improvement in the support provided to family and other informal caregivers of older individuals.

#### Amendments

2016—Pub. L. 114–144 substituted "this part" for "this subpart".
- 1 ±

STIPULATION AND ORDER TO CONTINUE KFD EN7(535,6(6,1&¶6'(ADLINE TO OPPOSE ECO DRY 

2)$0(5,&$,1&¶6MOTION FOR A MORE DEFINITE STATEMENT 

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GREBEN & ASSOCIATES 

 1332 Anacapa Street, Ste. 110 

 Santa Barbara, CA 93101 

 Tel: 805-963-9090 

 Fax: 805-963-9098 

Jan A. Greben, SBN 103464 

jan@grebenlaw.com 

Christian Blasbichler, SBN 243799 

christian@grebenlaw.com 

Attorneys for Plaintiff and Cross-Defendant KFD Enterprises, Inc., a California corporation dba 

1RUPDQ¶V'U\&OHDQHU, and Third-Party Defendant Kenneth Daer 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

KFD ENTERPRISES, INC., a California 

FRUSRUDWLRQGED1RUPDQ¶V'U\&OHDQHU; 

 

Plaintiffs, 

v. 

CITY OF EUREKA, et al., 

 

Defendants. 

And related cross, counter, and third party claims.

Case No.: CV 08-04571 MMC 

STIPULATION AND ORDER TO 

CONTINUE KFD ENTERPRISES, INC¶6

DEADLINE TO OPPOSE ECO DRY OF 

$0(5,&$,1&¶6027,ON FOR A 

MORE DEFINITE STATEMENT

Date: March 12, 2010 

Time: 9:00 a.m. 

Dept: Hon. Maxine M. Chesney 

Courtroom 7, 19th Floor 

________________________________________________________________________________ 

Plaintiff KFD Enterprises, Inc. 3.)' ́ and defendant Eco Dry of America, Inc. 3(FR

'U\ ́ stipulate WKDW.)'¶VGHDGOLQHWRILOHDQRSSRVLWLRQWR(FR'U\¶VPRWLRQIRUDPRUHGHILQLWH

statement shall be continued from February 19, 2010 to February 23, 2010. 

SO STIPULATED: 

Date: February 19, 2010 GREBEN & ASSOCIATES 

/s/ Christian Blasbichler 

Jan A. Greben 

Christian Blasbichler 

Attorneys for Plaintiff and Cross-Defendant KFD 

Enterprises, Inc., a California corporation dba 

1RUPDQ¶V'U\&OHDQHUDQG7KLUG-Party Defendant 

Kenneth Daer 

/ / / 

ORDER APPROVING

Case 3:08-cv-04571-SC Document 183 Filed 02/22/10 Page 1 of 2
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STIPULATION AND ORDER TO CONTINUE KFD EN7(535,6(6,1&¶6'(ADLINE TO OPPOSE ECO DRY 

2)$0(5,&$,1&¶6MOTION FOR A MORE DEFINITE STATEMENT 

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Date: February 19, 2010 LEWIS BRISBOIS BISGAARD & SMITH LLP 

/s/ Robert Farrell 

Glenn Friedman 

Robert Farrell 

Attorneys for Eco Dry of America, Inc. 

PURSUANT TO STIPULATION, IT IS SO ORDERED: 

Date: February _____, 2010 _____________________________ 

 Hon. Maxine M. Chesney 

 United States District Judge 

22

Case 3:08-cv-04571-SC Document 183 Filed 02/22/10 Page 2 of 2
§ 1509.215 What must I include in my drug-free awareness program? You must establish an ongoing drug-free awareness program to inform employees about— ( a ) The dangers of drug abuse in the workplace;
( b ) Your policy of maintaining a drug-free workplace;
( c ) Any available drug counseling, rehabilitation, and employee assistance programs; and
( d ) The penalties that you may impose upon them for drug abuse violations occurring in the workplace.
§ 308.9 Records systems—management and control. ( a ) The Director, Office of Administrative Services, shall have overall control and supervision of the security of all records keeping systems and shall be responsible for monitoring the security standards set forth in these regulations.
( b ) A designated official (System Manager) shall be named who shall have management responsibility for each record system maintained by the agency and who shall be responsible for providing protection and accountability for such records at all times and for insuring that such records are secured in appropriate containers wherever not in use or in the direct control of authorized personnel.
### §300mm–63. Special Fund

#### (a) In general

There is established a fund to be known as the World Trade Center Health Program Special Fund (referred to in this section as the "Special Fund"), consisting of amounts deposited into the Special Fund under subsection (b).

#### (b) Amount

Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $444,000,000 for deposit into the Special Fund, which amounts shall remain available in such Fund through fiscal year 2033.

#### (c) Uses of funds

Amounts deposited into the Special Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 300mm–61(c) of this title, to the WTC Program Administrator as needed at the discretion of such Administrator, for carrying out any provision in this subchapter (including sections 300mm–2 and 300mm–51(c) of this title).

#### (d) Remaining amounts

Any amounts that remain in the Special Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.

(July 1, 1944, ch. 373, title XXXIII, §3353, as added Pub. L. 118–31, div. A, title XVIII, §1851(b), Dec. 22, 2023, 137 Stat. 707.)
### §6394. Prohibited acts

It shall be unlawful for any person—

(1) to violate any provision of title I or title II of this Act or this title 1 (other than any provision of such titles which amend 2 another law),

(2) to violate any rule, regulation, or order issued pursuant to any such provision or any provision of section 383 of this Act [42 U.S.C. 6363]; or

(3) to fail to comply with any provision prescribed in, or pursuant to, an energy conservation contingency plan which is in effect.

(Pub. L. 94–163, title V, §524, Dec. 22, 1975, 89 Stat. 963.)

#### **Editorial Notes**

#### References in Text

Title I of this Act, referred to in par. (1), is title I of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 875, which is classified principally to subchapter I (§6211 et seq.) of this chapter. For complete classification of title I to the Code, see Tables.

Title II of this Act, referred to in par. (1), is title II of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 890, which is classified generally to subchapter II (§6271 et seq.) of this chapter. For complete classification of title II to the Code, see Tables.

This title, referred to in par. (1), is title V of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 956, which is classified principally to this subchapter. For complete classification of title V to the Code, see Tables.

1 See References in Text note below.

2 So in original. Probably should be "amends".
Case 3:08-cv-03470-JSW Document 82 Filed 07/15/10 Page 1 of 2 Case3:08-cv-03470-JSW Document77 Filed07/15/10 Page1 of 3
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Case 3:08-cv-03470-JSW Document 82 Filed 07/15/10 Page 2 of 2
#### Louis Engel & Co., Inc., Respondent, v. Zaret Realty Corp., Appellant. Louis Engel & Co., Inc., Third-Party Plaintiff, v. Ira A. Lowin Plumbing *&*Heating Service et al., Third-Party Defendants. Clearview Paving Corp., Plaintiff, v. Louis Engel *&*Co., Inc., Defendant. Ira Lowin, Doing Business as Ira A. Lowin Plumbing & Heating Service, Plaintiff, v. Louis Engel & Co., Inc., Defendant.

In an action by a general contractor against defendant Zaret Realty Corp., the owner of certain premises, to recover an alleged balance due on three separately executed contracts for work, labor and materials, and to recover for certain extra work, in which said defendant asserted a counterclaim by reason of plaintiff’s delayed and defective performance, the said defendant appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Kings County, dated and entered March 29, 1961 upon the decision of the court after a non jury trial, as awarded *703plaintiff the sum of $13,682.75 against it, and as dismissed its counterclaim. Judgment, insofar as appealed from, affirmed, with costs. No opinion. Ughetta, Acting P. J., Kleinfeld, Hill, Rabin and Hopkins, JJ., concur.
Editorial Note on Part 42
Editorial Note: Nomenclature changes to part 42 appear at 71 FR 34522, June 15, 2006.

§ 42.31 Family-sponsored immigrants. ( a ) *Entitlement to status.* An alien shall be classifiable as a family-sponsored immigrant under INA 203(a) (1), (2), (3) or (4) if the consular officer has received from DHS a Petition to Classify Status of Alien Relative for Issuance of Immigrant Visa approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien has the relationship to the petitioner indicated in the petition. In the case of a petition according an alien status under INA 203(a) (1) or (3) or status as an unmarried son or daughter under INA 203(a)(2), the petitioner must be a “parent” as defined in INA 101(b)(2) and 22 CFR 40.1. In the case of a petition to accord an alien status under INA 203(a)(4) filed on or after January 1, 1977, the petitioner must be at least twenty-one years of age.
( b ) *Entitlement to derivative status.* Pursuant to INA 203(d), and whether or not named in the petition, the child of a family-sponsored first, second, third or fourth preference immigrant or the spouse of a family-sponsored third or fourth preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
[56 FR 49676, Oct. 1, 1991, as amended at 61 FR 1836, Jan. 24, 1996]
### §5027a. Acceptance of donations

#### (a) In general

Except as provided in subsection (b), an entity receiving assistance under this subchapter may accept donations, including donations in cash or in kind fairly evaluated, including plant, equipment, or services.

#### (b) Exception

An entity receiving assistance under this subchapter to carry out an activity shall not accept donations from the beneficiaries of the activity.

(Pub. L. 93–113, title II, §228, as added Pub. L. 111–13, title II, §2146(e), Apr. 21, 2009, 123 Stat. 1591.)

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

#### Effective Date

Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title.
### §300hh–12. Transferred

#### **Editorial Notes**

#### Codification

Section, Pub. L. 107–188, title I, §121, June 12, 2002, 116 Stat. 611, as amended, which related to Strategic National Stockpile, was renumbered section 319F–2 of the Public Health Service Act by Pub. L. 108–276, §3(a)(1), July 21, 2004, 118 Stat. 842 and is classified to section 247d–6b of this title.
#### In the Matter of the Claim of Roland G. Cortelyou, as Guardian ad Litem of Dianne Cortelyou, an Infant, Respondent, v. New York City Transit Authority, Appellant.

In a proceeding pursuant to statute (General Municipal Law, § 50-e, subd. 5) for leave to file, on behalf of an injured infant, a late notice of claim after the expiration of the 90-day period prescribed by statute, the Transit Authority appeals from an order of the Supreme Court, Richmond County, dated April 1, 1960, granting such leave. Order affirmed, with $10 costs and disbursements. *(Biancoviso*v. *City of New York,*285 App. Div. 320; *Matter of Lundell*v. *Board of Eduo.,*5 A D 2d 891.) Nolan, P. J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.
#### UNITED STATES of America, Plaintiff-Appellee, v. Raymond Allan YODER, Defendant-Appellant.

No. 05-50602.

United States Court of Appeals, Ninth Circuit.

March 14, 2007.

Becky S. Walker, Esq., Garth E. Hire, Esq., Steve Kim, AUSA, USLA, Office of the U.S. Attorney Criminal Division, Los Angeles, CA, for Plaintiff-Appellee.

Jonathan D. Libby, Esq. Federal Public Defender’s Office, Los Angeles, CA, for Defendant-Appellant.

Before: KOZINSKI and GOULD, Circuit Judges, and MARTINEZ,* District Judge.

*

 The Honorable Ricardo S. Martinez, United States District Judge for the Western District of Washington, sitting by designation.

ORDER

Appellant’s Petition for Rehearing and Rehearing En Banc is DENIED.

The previous memorandum disposition filed on September 14, 2006, is hereby withdrawn. The Clerk shall file a new memorandum disposition, which will be filed at the same time as this order. The parties may not file further petitions for rehearing or rehearing en banc.
### §5171. Federal facilities

#### (a) Repair, reconstruction, restoration, or replacement of United States facilities

The President may authorize any Federal agency to repair, reconstruct, restore, or replace any facility owned by the United States and under the jurisdiction of such agency which is damaged or destroyed by any major disaster if he determines that such repair, reconstruction, restoration, or replacement is of such importance and urgency that it cannot reasonably be deferred pending the enactment of specific authorizing legislation or the making of an appropriation for such purposes, or the obtaining of congressional committee approval.

#### (b) Availability of funds appropriated to agency for repair, reconstruction, restoration, or replacement of agency facilities

In order to carry out the provisions of this section, such repair, reconstruction, restoration, or replacement may be begun notwithstanding a lack or an insufficiency of funds appropriated for such purpose, where such lack or insufficiency can be remedied by the transfer, in accordance with law, of funds appropriated to that agency for another purpose.

#### (c) Steps for mitigation of hazards

In implementing this section, Federal agencies shall evaluate the natural hazards to which these facilities are exposed and shall take appropriate action to mitigate such hazards, including safe land-use and construction practices, in accordance with standards prescribed by the President.

(Pub. L. 93–288, title IV, §405, formerly §401, May 22, 1974, 88 Stat. 153; renumbered §405, Pub. L. 100–707, title I, §106(a)(2), Nov. 23, 1988, 102 Stat. 4696.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 405 of Pub. L. 93–288 was classified to section 5175 of this title prior to repeal by Pub. L. 100–707.
§ 518.36 Intangible property. ( a ) The recipient may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies) reserve a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so.
( b ) Recipients are subject to applicable regulations governing patents and inventions, including government-wide regulations issued by the Department of Commerce at 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements.”
( c ) Unless waived by the Federal awarding agency, the Federal Government has the right to the following: ( 1 ) Obtain, reproduce, publish or otherwise use the data first produced under an award.
( 2 ) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.
( d ) Title to intangible property and debt instruments acquired under an award or subaward vests upon acquisition in the recipient. The recipient shall use that property for the originally-authorized purpose, and the recipient shall not encumber the property without approval of the Federal awarding agency. When no longer needed for the originally authorized purpose, disposition of the intangible property shall occur in accordance with the provisions of paragraph § 19.34(g).
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4371 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4371

    To amend title 38, United States Code, to improve pensions for 
       surviving spouses of World War II and Korean War veterans.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 2012

   Mr. Baca introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
    To amend title 38, United States Code, to improve pensions for 
       surviving spouses of World War II and Korean War veterans.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness for World War II and Korean 
War Spouses Act''.

SEC. 2. PENSIONS FOR SPOUSES OF WORLD WAR II AND KOREAN WAR VETERANS.

    (a) Increase of Pension.--
            (1) In general.--Chapter 15 of title 38, United States 
        Code, is amended by inserting after section 1543 the following 
        new section:
``Sec. 1544. Surviving spouses of World War II and Korean conflict 
              veterans
    ``(a) Amount of Pension.--Notwithstanding the amounts specified 
under section 1541 of this title, the annual rate of a pension paid to 
a covered surviving spouse under this chapter shall be the amount that 
is the greater of the following amounts reduced by the amount of the 
surviving spouse's annual income:
            ``(1) The applicable amount specified under such section 
        1541.
            ``(2) The amount that is equal to the poverty line (as 
        defined in section 673(2) of the Community Services Block Grant 
        Act (42 U.S.C. 9902(2))), as determined by the Secretary of 
        Health and Human Services for the year prior to the year in 
        which the pension is paid.
    ``(b) Determination of Annual Income.--In determining the annual 
income of a covered surviving spouse under section 1503 of this title, 
the Secretary may not include benefit amounts paid to the covered 
surviving spouse by a Federal entity, including benefit amounts payable 
under title II of the Social Security Act (42 U.S.C. 401 et seq.).
    ``(c) Covered Surviving Spouse.--In this section, the term `covered 
surviving spouse' means a surviving spouse of a veteran who served 
during World War II or the Korean conflict.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 1543 the following new item:

``1544. Surviving spouses of World War II and Korean War veterans.''.
    (b) Conforming Amendment.--Section 1541(a) of title 38, United 
States Code, is amended by inserting before the period ``, or section 
1544, as the case may be''.
                                 <all>
```