alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT UNITED STATES OF AM ERIC A, Plaintiff - Appe lle e , v. C HARLES W . PREE, De fe nda

nt - Appe lla

nt. No. 14-30221

D.C . No. 4:14-c r-00008-B M M M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Distric t of M o nta

na B ria n M . M orris, Distric t

Judge , Pre siding Subm itte d July 21, 2015 ** B e fore : C ANB Y, B EA, a nd M UR GUIA, C irc uit Judge s. C ha rle s W . Pre e a

ppe a l s from

the distric t c ourt’ s judgm e nt a nd c ha l le nge s his guilty-ple a c o nvic tion a nd six-month se nte nc e for the ft of gove rnm e nt prope rty , in viola tion of 18 U.S.C . § 641. Pursua nt to Ande rs v . C

a lifornia , 386 U.S. 738 (1967), Pre e ’ s c ounse l ha s file d a brie f stating tha t the re are no grounds for re lie f,



# FIL ED JUL 28 2015 M OLLY C. DW Y ER, CLERK U . S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).a long with a m o tion to withdra

w a s c ounse l of re c o rd. W e have provide d Pre e the opportunity

to filea pro se supple m e nta l brie f. No pro sesupple m e nta l brie f or answe ring brie f ha s be e n file d. Our indepe nde nt re v i e w of the re c ord pursua nt to Pe nson v . Ohio , 488 U.S. 75, 80 (1988), disc lose s no a rgua ble grounds for re lie f on dire c t a ppe a l. C ounse l’ s m otion to withdra w is G RANT E D. AFFIRM E D.

1 4 - 3 0 2 2 1 2
#### Partola Manufacturing Company, Inc., Appellant, v. F. L. Washbourne & Company, Inc., Respondent.

Judgment and order affirmed, with costs. No opinion. Present — Clarke, P. J., Laughlin, Dowling, Page and Merrell, JJ.
###### Editorial Note on Part 40

#### Editorial Note:

Nomenclature changes to part 40 appear at 71 FR 34520 and 34521, June 15, 2006.

#### § 40.102 Guardian required to accompany excluded alien.

INA 212(a)(9)(B) is not applicable at the time of visa application.
§ 203.282 Mortgagee's late charge and interest. ( a ) Payment of a one-time or up-front MIP is late if not received by HUD within 10 calendar days after the date of loan closing or within 10 calendar days after the date of disbursement of the mortgage proceeds, whichever is later. Late payments shall include a late charge of four percent of the amount of the MIP.
( b ) If payment of the MIP is not received by HUD within 30 days after the date of loan closing or within 30 calendar days after the date of disbursement of the mortgage proceeds, whichever is later, the mortgagee will be charged additional late fees until payment is received at an interest rate set in conformity with the Treasury Fiscal Requirements Manual.
[70 FR 19669, Apr. 13, 2005]
#### § 92.8 Compliance with request for notarial services.

A notarizing officer should comply with all proper requests for the performance of notarial services within the limitations prescribed in this part. (See particularly §§ 92.3 to 92.7). Moreover, as a representative of the United States Government, the notarizing officer, when acting in a notarial capacity, should take great care to prevent the use of his official seal in furthering any unlawful or clearly improper purpose. (See § 92.9 regarding refusal to perform notarial services in certain cases.)

[22 FR 10858, Dec. 27, 1957, as amended at 60 FR 51721, Oct. 3, 1995]
### §§7705, 7705a. Repealed. Pub. L. 105–47, §4, Oct. 1, 1997, 111 Stat. 1164

Section 7705, Pub. L. 95–124, §6, Oct. 7, 1977, 91 Stat. 1102; Pub. L. 96–472, title I, §102(a), Oct. 19, 1980, 94 Stat. 2259; Pub. L. 101–614, §6, Nov. 16, 1990, 104 Stat. 3236, related to Office of Science and Technology Policy report.

Section 7705a, Pub. L. 95–124, §7, as added Pub. L. 101–614, §7(2), Nov. 16, 1990, 104 Stat. 3236, related to establishment of a National Earthquake Hazards Reduction Program Advisory Committee.
#### Brian Dooley, Appellant, v Vornado Realty Trust, Respondent. (And a Third-Party Action.)

[835 NYS2d 237]

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), dated November 2, 2005, as granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly fell from a staircase in the subcellar level of the defendant’s building. In a premises liability case, the defendant owner moving for summary judgment has the initial burden of establishing that it did not create a defective condition or have actual or constructive notice of its existence for a sufficient length of time to discover and remedy it *(see Mejia v City of New York,*33 AD3d 675 [2006]; *Joachim v 1824 Church Ave., Inc.,*12 AD3d 409 [2004]).

Here, in response to the defendant’s demonstration of its entitlement to judgment as a matter of law *(see Robinson v Lupo,*261 AD2d 525 [1999]), the plaintiff failed to submit evidence sufficient to raise a triable issue of fact. Contrary to the contention of the plaintiffs expert, the Administrative Code of the City of New York § 27-375 is not applicable to the subject staircase because it did not serve as a required exit from the building *(see*Administrative Code of City of New York §§27-232, 27-375; *Weiss v City of New York,*16 AD3d 680, 681-682 [2005]; *Walker v 127 W. 22nd St. Assoc.,*281 AD2d 539 [2001]). Rivera, J.P., Ritter, Goldstein and Angiolillo, JJ., concur.
### §7438. Environmental and climate justice block grants

#### (a) Appropriation

In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated—

(1) $2,800,000,000 to remain available until September 30, 2026, to award grants for the activities described in subsection (b); and

(2) $200,000,000 to remain available until September 30, 2026, to provide technical assistance to eligible entities related to grants awarded under this section.

#### (b) Grants

#### (1) In general

The Administrator shall use amounts made available under subsection (a)(1) to award grants for periods of up to 3 years to eligible entities to carry out activities described in paragraph (2) that benefit disadvantaged communities, as defined by the Administrator.

#### (2) Eligible activities

An eligible entity may use a grant awarded under this subsection for—

(A) community-led air and other pollution monitoring, prevention, and remediation, and investments in low- and zero-emission and resilient technologies and related infrastructure and workforce development that help reduce greenhouse gas emissions and other air pollutants;

(B) mitigating climate and health risks from urban heat islands, extreme heat, wood heater emissions, and wildfire events;

(C) climate resiliency and adaptation;

(D) reducing indoor toxics and indoor air pollution; or

(E) facilitating engagement of disadvantaged communities in State and Federal advisory groups, workshops, rulemakings, and other public processes.

#### (3) Eligible entities

In this subsection, the term "eligible entity" means—

(A) a partnership between—

(i) an Indian tribe, a local government, or an institution of higher education; and

(ii) a community-based nonprofit organization;

(B) a community-based nonprofit organization; or

(C) a partnership of community-based nonprofit organizations.

#### (c) Administrative costs

The Administrator shall reserve 7 percent of the amounts made available under subsection (a) for administrative costs to carry out this section.

#### (d) Definition of greenhouse gas

In this section, the term "greenhouse gas" means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.

(July 14, 1955, ch. 360, title I, §138, as added Pub. L. 117–169, title VI, §60201, Aug. 16, 2022, 136 Stat. 2078.)
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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

DOLLAR TREE STORES INC,

Plaintiff,

 v.

TOYAMA PARTNERS LLC,

Defendant. /

No. C 10-00325 SI

PRETRIAL PREPARATION ORDER

It is hereby ORDERED pursuant to F.R.C.P. and the Local Rules of this Court:

FURTHER CASE MANAGEMENT: July 30, 2010 at 3:00 p.m.

Counsel must file a joint case management statement seven days in advance of the conference.

RESERVED FOR DEFENDANT’S MOTION TO DISMISS: July 30, 2010, at 9:00 a.m

DISCOVERY PLAN: Per F.R.Civ.P and Local Rules, subject to any provisions below.

NON-EXPERT DISCOVERY CUTOFF is November 12, 2010.

DESIGNATION OF EXPERTS: pltf: 11/29/10, deft: 12/20/10; REBUTTAL: pltf: 1/14/11. Parties SHALL conform to Rule 26(a)(2).

EXPERT DISCOVERY CUTOFF is April 30, 2011.

DISPOSITIVE MOTIONS SHALL be filed by January 28, 2011; 

Opp. Due February 28, 2011; Reply Due March 22, 2011;

 and set for hearing no later than April 15, 2011 at 9:00 AM.

PRETRIAL CONFERENCE DATE: May 31, 2011 at 3:30 PM.

JURY TRIAL DATE: June 13, 2011 at 8:30 AM., Courtroom 10, 19th floor.

TRIAL LENGTH is estimated to be days.

SPECIAL DISCOVERY AND PRETRIAL PROVISIONS:

Comerica may hold off on producing it’s initial disclosures pending determination of whether or not

they will remain a party to this case.

The pretrial conference SHALL be attended by trial counsel prepared to discuss all aspects of the case,

including settlement. Parties SHALL conform to the attached instructions. Plaintiff is ORDERED to

serve a copy of this order on any party subsequently joined in this action. 

Dated: 

SUSAN ILLSTON

United States District Judge

Case 3:09-cr-00414-SI Document 78 Filed 05/10/10 Page 1 of 1
### §13921. Transferred

#### **Editorial Notes**

#### Codification

Section 13921 was editorially reclassified as section 12281 of Title 34, Crime Control and Law Enforcement.
<PAGE>

                                                                   EXHIBIT 31.2


                                CFO CERTIFICATION

I, R. Greg Smith, certify that:

1. I have reviewed this Form 10-QSB of ERF Wireless, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officer(s) and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and
have:

(a) Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the small business issuer, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

(b) Evaluated the effectiveness of the small business issuer's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

(c) Disclosed in this report any change in the small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

5. The small business issuer's other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer's board of directors (or persons performing the
equivalent functions):

(a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer's ability to record,
process, summarize and report financial information; and

(b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuer's internal
control over financial reporting.

Date: August 15, 2005

By:  /s/ R. Greg Smith
     -----------------
     R. Greg Smith
     Chief Financial Officer
     (Principal Financial and Accounting Officer)
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2787 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2787

 To amend title 49, United States Code, to restore the mission of the 
     Federal Aviation Administration to promote civil aeronautics.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2005

  Mr. Tiahrt introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
 To amend title 49, United States Code, to restore the mission of the 
     Federal Aviation Administration to promote civil aeronautics.

    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 ``Promotion Responsibity for Our U.S. 
Aviation Act of 2005''.

SEC. 2. FEDERAL AVIATION ADMINISTRATION MISSION TO PROMOTE CIVIL 
              AERONAUTICS.

    Section 40101(d) of title 49, United States Code, is amended--
            (1) in paragraph (2) by inserting ``and its development'' 
        after ``safety''; and
            (2) in paragraph (3) by inserting ``, promoting,'' after 
        ``encouraging''.
                                 <all>
```
Case 3:09-cr-00862-MHP   Document 121   Filed 06/02/10   Page 1 of 2

Case 3:09-cr-00862-MHP   Document 121   Filed 06/02/10   Page 2 of 2
Uni

ted 

Stat

es D

istr

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ourt

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Dis

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 of C

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 IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

BENJAMIN ANDERSON,

Plaintiff,

    v.

JAMES E. TILTON, SECRETARY(CDCR), BEN CURRY, WARDEN(CTF), DR. KHAJA, PSYCHIATRIST(CTF), et al.,

Defendants._______________________________                                

)))))))))) )))

No. C 08-3204 MMC (PR)  

ORDER GRANTING PLAINTIFF’SREQUEST FOR EXTENSION OFTIME TO OPPOSE MOTION TODISMISS

(Docket No. 47)

GOOD CAUSE APPEARING, plaintiff’s request for an extension of time to file

opposition to defendants’ motion to dismiss is hereby GRANTED.  Plaintiff shall file his

opposition no later than August 31, 2010.  Defendants shall file a reply to the opposition

within fifteen (15) days of the date the opposition is filed.  The motion will be deemed

submitted on the papers on the date the reply is due.

This order terminates Docket No. 47.

IT IS SO ORDERED.

DATED: August 4, 2010_________________________MAXINE M. CHESNEYUnited States District Judge   

Case 3:08-cv-03204-MMC   Document 51   Filed 08/04/10   Page 1 of 1

    -       - Superintendent of Documents
      - 2018-03-13T06:34:37-0400
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO
#### The People of the State of New York, Respondent, v. Samuel Barnes, Appellant.

Motion by appellant to dispense with printing granted. The appeal will be heard on the original papers and on appellant’s typewritten brief. The appellant is directed to file six copies of his typewritten brief and to serve one copy on the District Attorney. The appellant’s time to perfect the appeal is enlarged to the April Term, beginning March 27, 1961; the appeal is ordered on the calendar for said term. Motion for assignment of counsel denied. The appeal is from an order denying, without a hearing, appellant’s *coram nobis*application. It appears from the motion papers that appellant either has in his possession a copy of the original papers to be used in the consideration of this appeal or has full knowledge of the contents of such papers. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.
§ 107.20 Prohibition against discriminatory practices. ( a ) No person receiving assistance from or participating in any program or activity of the Department involving housing and related facilities shall engage in a discriminatory practice.
( b ) Where such person has been found by the Department or any other Federal Department, agency, or court to have previously discriminated against persons on the ground of race, color, religion (creed), sex or national origin, he or she must take affirmative action to overcome the effects of prior discrimination.
( c ) Nothing in this part precludes such person from taking affirmative action to prevent discrimination in housing or related facilities where the purpose of such action is to overcome prior discriminatory practice or usage or to overcome the effects of conditions which resulted in limiting participation by persons of a particular race, color, religion (creed), sex or national origin.
[45 FR 59514, Sept. 9, 1980, as amended at 50 FR 31360, Aug. 2, 1985]
#### Vareriy VEKSLER, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-72010.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 20, 2007.*

Filed Feb. 26, 2007.

Vareriy Veksler, Glendale, CA, pro se.

District Counsel, Esq., Office of the District Counsel, Los Angeles, CA, Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, San Francisco, CA, William C. Peachey, U.S. Department of Justice, Washington, DC, for Respondent.

*448Before: BEEZER, FERNANDEZ, and McKEOWN, Circuit Judges.

*

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

MEMORANDUM **

Vareriy Veksler is a native and citizen of Russia who petitions for review of an order of the Board of Immigration Appeals (“BIA”), denying his application for asylum. This court previously affirmed the BIA’s decision that Veksler failed to establish past persecution, and remanded for a determination of whether he had established a well-founded fear of future persecution. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, *Li v. Ashcroft,*378 F.3d 959, 962 (9th Cir.2004), and we deny the petition for review.

Substantial evidence supports the BIA’s determination that Veksler failed to establish a well-founded fear of future persecution on account of his Jewish heritage. In order to establish a well-founded fear, a petitioner cannot simply show that there exists a generalized possibility of persecution; he must show that he is at particular risk. *Compare Mgoian v. INS,*184 F.3d 1029, 1035 (9th Cir.1999) (holding that well-founded fear was established where all of petitioner’s similarly situated family members were persecuted) *with Singh v. INS,*134 F.3d 962, 970 (9th Cir.1998) (holding that no well-founded fear was established where the attacks on family members failed to show a pattern of persecution tied to the petitioners). The deaths of Veksler’s father and friend under unknown circumstances do not demonstrate a pattern of persecution closely tied to Vek-sler. The evidence does not compel a finding Veksler has shown himself to be at particular risk for future persecution. *See Mgoian,*184 F.3d at 1037.

PETITION FOR REVIEW DENIED.

**

 This disposition, is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
### §300ii–3. Data collection and reporting

#### (a) In general

Each State agency awarded a grant or cooperative agreement under section 300ii–1 of this title shall report such data, information, and metrics as the Secretary may require for purposes of—

(1) evaluating State programs and activities funded pursuant to such grant or cooperative agreement, including any results pursuant to section 300ii–1(d)(2)(B)(xii) of this title; and

(2) identifying effective programs and activities funded pursuant to section 300ii–1 of this title.

#### (b) Report

Not later than October 1, 2023, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding the outcomes of the programs and activities funded pursuant to section 300ii–1 of this title, including any effective programs and activities identified.

(July 1, 1944, ch. 373, title XXIX, §2904, as added Pub. L. 109–442, §2, Dec. 21, 2006, 120 Stat. 3295; amended Pub. L. 116–324, §2(a), Jan. 5, 2021, 134 Stat. 5085.)

#### **Editorial Notes**

#### Amendments

2021—Pub. L. 116–324 amended section generally. Prior to amendment, section required the Secretary to report to Congress by Jan. 1, 2009, on the activities undertaken under this subchapter.
#### § 235.11 Subrogation of USAID.

In the event of payment by USAID to a Noteholder under the Guarantee, USAID shall be subrogated to the extent of such payment to all of the rights of such Noteholder against the Borrower under the related Note.