alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In Re: Ryan Heath DICKSON, Movant.

No. 07-10487.

United States Court of Appeals, Fifth Circuit.

April 26, 2007.

Ronald T. Spriggs, Amarillo, TX, for Movant.

*311Before GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM: *

It is ORDERED that the instant manner-of-execution challenge be TRANSFERRED back to the Northern District of Texas to be decided pursuant to 42 U.S.C. § 1983. *See Hill v. McDonough,*— U.S. —, 126 S.Ct. 2096, 165 L.Ed.2d 44 (2006). It is further ORDERED that the Clerk shall immediately transmit a true copy of this order to the Northern District of Texas and notify all parties of this action.

In doing so, we note our concern about this suit being filed so late and question whether entertaining the suit is consistent with our cases. *See Neville v. Johnson,*440 F.3d 221, 222 (5th Cir.2006); *Reese v. Livingston,*453 F.3d 289, 291 (5th Cir. 2006); *White v. Johnson,*429 F.3d 572, 574 (5th Cir.2005); *Harris v. Johnson,*376 F.3d 414 (5th Cir.2004).

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
#### § 22.4 Requests for services, Foreign Service.

Officers of the Foreign Service shall charge for official services performed abroad at the rates prescribed in this schedule, in coin of the United States or at its representative value in exchange (22 U.S.C. 1202). For definition of representative value in exchange, see § 23.4 of this chapter. No fees named in this schedule shall be charged or collected for the official services to American vessels and seamen (22 U.S.C. 1186). The term “American vessels” is defined to exclude, for the purposes of this schedule, undocumented American vessels and the fees prescribed herein shall be charged and collected for such undocumented vessels. However, the fees prescribed herein shall not be charged or collected for American public vessels, which includes any vessel owned or operated by a U.S. Government department or agency and engaged exclusively in official business on a non-commercial basis. This schedule of fees shall be kept posted in a conspicuous place in each Foreign Service consular office, subject to the examination by all persons interested therein (22 U.S.C. 1197).
§ 67.2 Board of Directors. ( a ) NED is governed by a bipartisan board of Directors of not fewer than thirteen and not more than twenty-five members reflecting the diversity of American society. The officers of the corporation are Chairman and Vice Chairman of the Board, who shall be members of the Board, a President, Secretary and Treasurer, and such other officers as the Board of Directors may from time to time appoint. Meetings of the Board of Directors are held at times determined by the Board, but in no event fewer than four times each year. A current list of members of the Board of Directors and a schedule of upcoming meetings is available from NED's office at 1101 15th Street, NW; Suite 700, Washington, DC 20005-5000.
( b ) All major policy and funding decisions are made by the Board of Directors. The primary statement of NED's operating philosophy, general principles and priorities is contained in the National Endowment for Democracy's *Statement of Principles and Objectives,* adopted by the Board of Directors in December 1984. Copies of this statement as well as other general information concerning the organization are available from NED on request.
( c ) As a grantmaking organization, NED does not carry out programs directly. All grants made by the corporation shall be by a two-thirds vote of those voting at a meeting at which a quorum is present. Notwithstanding the foregoing, the Board may from time to time adopt, upon a two-thirds vote of those voting at a meeting at which a quorum is present, procedures to address emergency funding requests between meetings of the Board. In addition, “[a]ny Board member who is an officer or director of an organization seeking to receive grants from the Corporation must abstain from consideration of and any vote on such grant” (Article VI, Section 6). Copies of the bylaws are available from NED's offices.
[51 FR 40164, Nov. 5, 1986. Redesignated and amended at 64 FR 54541, Oct. 7, 1999]
#### FLECKENSTEIN, Respondent, v. FLECKENSTEIN et al., Appellants.

(Supreme Court, I Appellate Division, Fourth Department.

March 16, 1905.)

Action by Mary A. Fleckenstein I against George V. Fleckenstein, Sr., and others. iNo opinion. Order affirmed, with $10 costs land disbursements.
#### Smith *v.*Jones, administrator.

Atkinson, J.

At common law a cause of action for a personal tort abated on the death of the tort-feasor. This rule was modified by statute (Civil Code, § 4421), so that it should not apply in case of the death of the defendant. The phraseology of that section leaves it plain that the exception was limited to cases where action had been instituted against the tort-feasor before his death. If the tort-feasor died before *717suit against him, the cause of action did not survive. See *Frazier*v. *Georgia R. Co.,*101 *Ga.*77 (28 S. E. 662); *Southern Bell Tel. Co.*v. *Gassin,*111 *Ga.*581 (36 S. E. 881, 50 L. R. A. 694); *King*v. *Southern Ry. Co.,*126 *Ga.*798 (55 S. E. 965, 8 L. R. A. (N. S.) 544); *Peebles*v. *Charleston & Western Carolina Ry. Co.,*7 *Ga. App.*279 (66 S. E. 953.) *Judgment affirmed.*

September 24, 1912.

Action for damages. Before Judge Felton. Bibb superior court. March 2, 1911.

*Oscar J. Coogler, Leon 0. Greer,*and *Lorsey, Brewster, Dowell & Deyman,*for plaintiff.

*Anderson, Felder, Rountree & Wilson*and *Dardeman, Jones, Callaway •& Jolmston,*for defendant.

*All the Justices concur.*
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 A venue, Suite 1200 

Dallas, TX 75202-2733 

Subject: Withdrawal of CAP Provisions in New Mexico's Small Business SIP 

Dear Mr. 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 of New Mexico and City of Albuquerque for a Small Business Stationary 

Source Technical and Environmental Compliance Assistance Program (Small Business Assistance 

SIP). 

Specifically, this letter withdraws the description of the CAP in "Summary of the 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 three implementation dates concerning the CAP in the "Summary Schedule" (page 

8). The creation and operation of a CAP is not required under Clean Air Act (CAA) Section 507(a), 

which defines the plan 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 appreciate EPA's assistance in this matter. If you have any questions regarding this 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 of Albuquerque, Environmental Health Department 

Director
§ 51.5 Adjudication and issuance of passports. ( a ) A passport authorizing officer may adjudicate applications and authorize the issuance of passports.
( b ) A passport authorizing officer will examine the passport application and all documents, photographs and statements submitted in support of the application in accordance with guidance issued by the Department.
#### UNITED STATES of America, Plaintiff-Appellee, v. Alejandro MORALES, Defendant-Appellant.

No. 06-50509

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 17, 2007.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Louis Elias Lopez, Law Office of Louis E. Lopez, El Paso, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.

PER CURIAM: *

Alejandro Morales appeals the 87-month sentence he received after pleading guilty to possession with intent to distribute more than five kilograms of cocaine. He contends that his sentence, which was already below the statutory minimum, would have been even lower if his trial counsel had adequately explained to him *235the necessity for complete truthfulness in his discussions with the Government.

A claim of ineffective assistance of counsel generally will not be considered for the first time on direct appeal because there has not been an opportunity to develop evidence on the claim. *United States v. Lampazianie,*251 F.3d 519, 527 (5th Cir. 2001). The record here has not been sufficiently developed to permit consideration of Morales’s claim on direct appeal.

Accordingly, without prejudice to Morales’s right to file a motion pursuant to 28 U.S.C. § 2255, 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.
**EXHIBIT31.2**

 

 

I, Arthur H. Finnel, certify that:

 

1.     I have reviewed thisquarterly report on Form 10-Q of Bionova Holding Corporation;

 

2.     Based on my knowledge, thisquarterly report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, not misleading withrespect to the period covered by this quarterly report;

 

3.     Based on my knowledge, thefinancial statements, and other financial information included in thisquarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this quarterly report;

 

4.     The registrant’s othercertifying officers and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and we have:

 

a.     designed such disclosure controls,or caused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this quarterly reportis being prepared;

b.     evaluated the effectivenessof the registrant’s disclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

c.     disclosed in this quarterlyreport any change in the registrant’s internal control over financial reportingthat occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.     The registrant’s othercertifying officers and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the registrant’s auditors andthe audit committee of registrant’s board of directors (or persons performingthe equivalent function):

 

a.             all significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to  adversely affect the registrant’s ability torecord, process, summarize and report financial information; and

b.             any fraud, whether ornot material, that involves management or other employees who have asignificant role in the registrant’s internal controls over financialreporting.

 

 
| Date: December 2, 2003 |   |
|-----------------------------|--------|
|                        |   |
|                        |   |
|                        |   | /s/   ARTHUR H. FINNEL |   |
|                        |   | Arthur H. Finnel |
|                        |   |   Chief Financial Officer |
|                             |        |  |  |  |

 

----
### §3506a. Scientific engagement

#### (a) In general

Scientific meetings that are attended by scientific or medical personnel, or other professionals, of the Department of Health and Human Services for whom attendance at such meeting is directly related to their professional duties and the mission of the Department—

(1) shall not be considered conferences for the purposes of complying with Federal reporting requirements contained in annual appropriations Acts or in this section; and

(2) shall not be considered conferences for purposes of a restriction contained in an annual appropriations Act, based on Office of Management and Budget Memorandum M-12-12 or any other regulation restricting travel to such meeting.

#### (b) Limitation

Nothing in this section shall be construed to exempt travel for scientific meetings from Federal regulations relating to travel.

#### (c) Reports

Not later than 90 days after the end of the fiscal year, each operating division of the Department of Health and Human Services shall prepare, and post on an Internet website of the operating division, an annual report on scientific meeting attendance and related travel spending for each fiscal year. Such report shall include—

(1) general information concerning the scientific meeting activities involved;

(2) information concerning the total amount expended for such meetings;

(3) a description of all such meetings that were attended by scientific or medical personnel, or other professionals, of each such operating division where the total amount expended by the operating division associated with each such meeting were in excess of $30,000, including—

(A) the total amount of meeting expenses incurred by the operating division for such meeting;

(B) the location of such meeting;

(C) the date of such meeting;

(D) a brief explanation on how such meeting advanced the mission of the operating division; and

(E) the total number of individuals whose travel expenses or other scientific meeting expenses were paid by the operating division; and

(4) with respect to any such meeting where the total expenses to the operating division exceeded $150,000, a description of the exceptional circumstances that necessitated the expenditure of such amounts.

(Pub. L. 114–255, div. A, title III, §3074, Dec. 13, 2016, 130 Stat. 1137.)
§ 507.2 Definitions. The following definitions apply: ( a ) The term *agency* includes any establishment in the executive branch of the government headed by a collegial body composed of two or more individual members, a majority of whom are appointed to such position by the President with the advice and consent of the Senate, and any subdivision thereof authorized to act on behalf of the agency. The Broadcasting Board of Governors is a government agency headed by a nine-member board, eight of whom are appointed by the President with the advice and consent of the Senate, and the ninth being the Secretary of State. Therefore, the Broadcasting Board of Governors is an “agency” under these terms.
( b ) The term *meeting* means the deliberation of this Board where such deliberations determine or result in the joint conduct or disposition of official Board business.
( c ) The term *member* means an individual who belongs to the Board who has been appointed by the President and confirmed by the Senate or is the Secretary of State.
## ELECTRONIC RECORD COA # 05-13-00930-CR OFFENSE: 22.04 Alice Annette Steele v. The State 

## STYLE: ofTexas COUNTY: Dallas 

# fn -/5

COA DISPOSITION: AFFIRM TRIAL COURT: 194thJudicial District Court 

### DATE: 03/19/2015 Publish: NO TC CASE #: F-0845120-M



## IN THE COURTOF CRIMINALAPPEALS Alice Annette Steele v. The State of 

## STYLE: Texas 

# APPELLAfl/r-^ Petition FOR DISCRETIONARYREVIEW IN CCA IS: 

# DATE: CTWv 2~*l. 'ZO/*' XI -^ y 

# JUDGE: y^c CCA#: 

# *m-ig CCADisposition: DATE: JUDGE: SIGNED: PUBLISH: REHEARING IN CCA IS: JUDGE: PC: DNP:

MOTION FOR 

### ELECTRONIC RECORD
ADMINISTRATIVE MOTION AND (PROPOSED) ORDER TO FILE DOCUMENTS UNDER SEAL

Case no. C 08-04148 WHA 

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JOHN L. BURRIS (SBN# 69888) 

ADANTE D. POINTER (SBN 236229) 

LAW OFFICES OF JOHN L. BURRIS 

Airport Corporate Centre 

7677 Oakport Street, Suite 1120 

Oakland, California 94621 

Telephone: (510) 839-5200 

Facsimile: (510) 839-3882 

Email: John.Burris@johnburrislaw.com 

JAMES B. CHANIN (SBN# 76043) 

JULIE M. HOUK (SBN# 114968) 

LAW OFFICES OF JAMES B. CHANIN 

3050 Shattuck Avenue 

Berkeley, California 94705 

Telephone: (510) 848-4752, Ext. 2 

Facsimile: (510) 848-5819 

Email: jbcofc@aol.com

Attorneys for Plaintiffs 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

ESTATE OF “JODY” MACK MILLER 

WOODFOX, et al, 

Plaintiffs, 

vs. 

CITY OF OAKLAND; et al., 

Defendants. 

Case No. C08-04148 WHA

ADMINISTRATIVE MOTION 

AND (PROPOSED) ORDER TO 

FILE DOCUMENTS UNDER SEAL

MOTION 

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 

 Pursuant to Local Rules 7-11 and 79-5, Plaintiffs hereby move the Court for an Order to file 

under seal Plaintiffs’ Petitions and (Proposed) Orders Authorizing Release of Funds from Blocked 

Case 3:08-cv-04148-WHA Document 78 Filed 03/23/10 Page 1 of 2 Case3:08-cv-04148-WHA Document75 Filed03/22/10 Page1 of 2
ADMINISTRATIVE MOTION AND (PROPOSED) ORDER TO FILE DOCUMENTS UNDER SEAL

Case no. C 08-04148 WHA 

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Account, containing confidential information pertaining to said Minor Plaintiffs in the above-entitled 

action. 

Dated: March 22, 2010 Respectfully submitted, 

 LAW OFFICES OF JOHN L. BURRIS 

 /s/ John L. Burris 

 John L. Burris, Esq. 

 Attorneys for Plaintiffs 

 

(PROPOSED) ORDER 

 THE PLAINTIFFS’ PETITIONS AND (PROPOSED) ORDERS AUTHORIZING 

RELEASE OF FUNDS FROM BLOCKED ACCOUNT pertaining to the above-entitled action are 

herewith ordered filed under seal pursuant to Local Rule 79-5. 

 IT IS SO ORDERED. 

Dated: 

Honorable William H. Alsup 

 United States District Court Judge 

Case3:08-cv-04148-WHA Document75 Filed03/22/10 Page2 of 2

March 23, 2010.

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge William Alsup

Case 3:08-cv-04148-WHA Document 78 Filed 03/23/10 Page 2 of 2
NO. C 08-05686 RS 

STANDBY ORDER TO SHOW CAUSE

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United 

States District 

Court

For the Northern District of California 

*E-Filed 7/22/10 * 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

 Philadelphia Indemnity Insurance Company,

 Plaintiffs, 

 v. 

 Westchester Surplus Lines Insurance 

 Company, et al., 

 Defendants. 

____________________________________/ 

No. C 08-05686 RS 

STANDBY ORDER TO SHOW CAUSE 

 The Court has been informed that the above-entitled action has settled. Accordingly, the 

Court vacates all pretrial and trial dates. The parties are required to file a stipulation of dismissal by 

September 20, 2010. If a stipulation of dismissal is not filed by that date, the parties are ordered to 

appear on September 23, 2010, at 1:30 p.m. in Courtroom 3, 17th Floor of the San Francisco 

Courthouse and show cause why the case should not be dismissed. 

Case 3:08-cv-05686-RS Document 132 Filed 07/22/10 Page 1 of 2
NO. C 08-05686 RS 

STANDBY ORDER TO SHOW CAUSE

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United 

States District 

Court

For the Northern District of California 

Failure to comply with this Order may result in dismissal of the case. 

IT IS SO ORDERED. 

Dated: July 22, 2010 

RICHARD SEEBORG 

UNITED STATES DISTRICT JUDGE 

Case 3:08-cv-05686-RS Document 132 Filed 07/22/10 Page 2 of 2
§ 502.8 Fees. ( a ) The Agency makes program material available at no cost on *www.voanews.com* and *www.martinoticias.com .*
( b ) The Agency may collect a fee for reimbursement of the reasonable costs incurred to fulfill a request for Agency program materials, including ongoing subscriptions for Media entities and one-time requests for broadcast-quality copies of Agency program materials. Fees charged for ongoing subscriptions, if any, will be outlined in an agreement between the Media entity and the Agency.
( c ) The Agency reserves the right to establish and change fees in accordance with applicable law and regulation.
State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: March 19, 2015 518591 

________________________________

In the Matter of JOHN

CHAMBLISS, 

Petitioner, 

v MEMORANDUM AND JUDGMENT

ANTHONY J. ANNUCCI, as Acting

Commissioner of Corrections

and Community Supervision, 

Respondent. 

________________________________

Calendar Date: January 20, 2015

Before: McCarthy, J.P., Egan Jr., Lynch and Clark, JJ.

__________

John Chambliss, Alden, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Owen Demuth

of counsel), for respondent.

__________

Proceeding pursuant to CPLR article 78 (transferred to this

Court by order of the Supreme Court, entered in Albany County) to

review a determination of respondent which found petitioner

guilty of violating certain prison disciplinary rules.

Determination confirmed. No opinion.

McCarthy, J.P., Egan Jr., Lynch and Clark, JJ., concur.
-2- 518591 

ADJUDGED that the determination is confirmed, without

costs, and petition dismissed. 

ENTER:

Robert D. Mayberger

Clerk of the Court
### §5662. Transferred

#### **Editorial Notes**

#### Codification

Section 5662 was editorially reclassified as section 11162 of Title 34, Crime Control and Law Enforcement.

#### Prior Provisions

A prior section 5662, Pub. L. 93–415, title II, §248, as added Pub. L. 100–690, title VII, §7264, Nov. 18, 1988, 102 Stat. 4447; amended Pub. L. 102–586, §2(g)(6), Nov. 4, 1992, 106 Stat. 4997, related to special studies and reports, prior to repeal by Pub. L. 107–273, div. C, title II, §12210(1), Nov. 2, 2002, 116 Stat. 1880.