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JOHN A. W. HALLEY

Attorney at Law, SBN 111682

620 Jefferson Avenue

Redwood City, CA 94063

Tel: (650) 366-6789

Fax: (650) 365-5386

Attorney for Petitioner

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

CORY MOSBY, Case No. 3:09-cv-01667-MMC

Petitioner

ORDER

v.

JAMES YATES, Warden,

Respondent

_________________________________/

GOOD CAUSE APPEARING, it is hereby ordered that Petitioner may have until

May 28, 2010 to file his traverse to the answer of respondent.

Dated: __________ _______________________________

MAXINE CHESNEY

JUDGE, U.S. DISTRICT COURT

May 4, 2010

Case 3:09-cv-01667-MMC Document 21 Filed 05/04/10 Page 1 of 1
§ 213.255 Premiums where first principal payment one year or less after initial endorsement. ( a ) *Management and Sales Types and Investor Sponsored Projects.* ( 1 ) If the date of the first principal payment is one year, or less than one year following the date of such initial insurance endorsement, the mortgagee, upon such first principal payment date, shall pay a second premium equal to one-half of one percent of the average outstanding principal obligation of the mortgage for the following year which shall be adjusted so as to accord with such date and so that the aggregate of the first and second premiums shall equal the sum of ( i ) One percent per annum of the average outstanding principal obligation of the mortgage for the period from the date of initial insurance endorsement to the date of first principal payment, and
( ii ) One-half of one percent of the average outstanding principal obligation of the mortgage for the year following the date of the first principal payment.
( 2 ) If the date of the first principal payment of a mortgage is one year or less than one year following the date of the initial insurance endorsement and the mortgage is paid in full prior to the date of such first principal payment, the first and only premium collected shall be adjusted so that the total premium shall equal one percent per annum of the average outstanding principal obligation of the mortgage for the period from the date of initial insurance endorsement to the date the mortgage was paid in full.
( b ) *Purchasing cooperatives.* The provisions of paragraph (a) of this section do not apply to the mortgage of a purchasing nonprofit cooperative housing corporation or trust where such mortgage is endorsed for insurance pursuant to the sale of an Investor Sponsored Project to such purchasing nonprofit cooperative housing corporation or trust.
( c ) *Existing Construction.* The provisions of paragraph (a) of this section shall apply to a mortgage covering Existing Construction which involves insurance of advances for Commissioner approved or required repairs, improvements, alterations and additions.
( d ) *Supplementary loan; insurance of advances.* The provisions of paragraph shall apply to a supplementary loan involving insurance of advances.
#### George T. Steen and Horatio H. Harwood, copartners, trading as Steen & Harwood, appellees, v. Joseph Cummins, appellant.

Gen. No. 28,012.

Action for brokers’ commission. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. Hlys Pyle, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1922.

Reversed.

Opinion filed October 17, 1923.

John E. Foster, for appellant. Joseph G. Sheldon, for appellees.

Mr. Presiding Justice Taylor

delivered the opinion of the court.
2 30

Case 3:09-cv-01001-SI Document 68 Filed 02/01/10 Page 1 of 1
### §315l. Lands under national-forest administration

The President of the United States is authorized to reserve by proclamation and place under national-forest administration in any State where national forests may be created or enlarged by Executive order any unappropriated public lands lying within watersheds forming a part of the national forests which, in his opinion, can best be administered in connection with existing national-forest administration units, and to place under the Interior Department administration any lands within national forests, principally valuable for grazing, which, in his opinion, can best be administered under the provisions of this subchapter: Provided, That such reservations or transfers shall not interfere with legal rights acquired under any public-land laws so long as such rights are legally maintained. Lands placed under the national-forest administration under the authority of this subchapter shall be subject to all the laws and regulations relating to national forests, and lands placed under the Interior Department administration shall be subject to all public-land laws and regulations applicable to grazing districts created under authority of this subchapter. Nothing in this section shall be construed so as to limit the powers of the President (relating to reorganizations in the executive departments) granted by sections 124 to 132 of title 5.1

(June 28, 1934, ch. 865, §13, 48 Stat. 1274.)

#### **Editorial Notes**

#### References in Text

Sections 124 to 132 of title 5, referred to in text, was in the original "title 4 of the Act entitled 'An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes', approved March 3, 1933", meaning Title IV of Part II (§§401–409) of the Legislative Appropriation Act, fiscal year 1933, as amended generally by section 16 of act Mar. 3, 1933, ch. 212, 47 Stat. 1517, which was classified to sections 124 to 132 of former Title 5, Executive Departments and Government Officers and Employees. Sections 124 to 131 of former Title 5 were repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, the first section of which enacted Title 5, Government Organization and Employees, and section 132 of former Title 5 was omitted as executed pursuant to its own terms.

1 See References in Text note below.
#### § 35.625 Multifamily insured property constructed after 1959 and before 1978.

Except as provided in § 35.630, before the issuance of the firm commitment, the sponsor shall agree to incorporate ongoing lead-based paint maintenance practices into regular building operations, in accordance with § 35.1355(a).
### §§3793a, 3793b. Repealed. Pub. L. 98–473, title II, §609D(b), Oct. 12, 1984, 98 Stat. 2097

Section 3793a, Pub. L. 90–351, title I, §1002, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1218, required maintenance of a fund for juvenile delinquency programs consisting of minimum of 19.15 per centum of the appropriations each fiscal year for title I of Pub. L. 90–351.

Another section 1002 of Pub. L. 90–351, title V, June 19, 1968, 82 Stat. 235, is classified as a note under section 7313 of Title 5, Government Organization and Employees.

Section 3793b, Pub. L. 90–351, title I, §1003, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1219, authorized annual appropriations of $25,000,000 for fiscal years ending Sept. 30, 1980, through 1983, for Office of Community Anti-Crime Programs.

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

#### Effective Date of Repeal

Repeal effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Effective Date note under section 10101 of Title 34, Crime Control and Law Enforcement.
### §315o. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 649

Section, act June 28, 1934, ch. 865, §17, as added June 26, 1936, ch. 842, §6, 49 Stat. 1978, authorized the President to select a Director of Grazing and the Secretary of the Interior to appoint assistant directors and employees.
Editorial Note on Part 30
Editorial Note: Nomenclature changes to part 30 appear at 87 FR 8197, Feb. 14, 2022.

§ 30.36 Other participants in FHA programs. ( a ) *General.* The Assistant Secretary for Housing-Federal Housing Commissioner (or his/her designee) may initiate a civil money penalty action against any principal, officer, or employee of a mortgagee or lender, or other participants in either a mortgage insured under the National Housing Act or any loan that is covered by a contract of insurance under title I of the National Housing Act, or a provider of assistance to the borrower in connection with any such mortgage or loan, including: ( 1 ) Sellers;
( 2 ) Borrowers;
( 3 ) Closing agents;
( 4 ) Title companies;
( 5 ) Real estate agents;
( 6 ) Mortgage brokers;
( 7 ) Appraisers;
( 8 ) Sponsored third-party originators;
( 9 ) Dealers;
( 10 ) Consultants;
( 11 ) Contractors;
( 12 ) Subcontractors; and
( 13 ) Inspectors.
( b ) *Knowing and material violations.* The Assistant Secretary for Housing-Federal Housing Commissioner or his/her designee may impose a civil penalty on any person or entity identified in paragraph (a) of this section who knowingly and materially: ( 1 ) Submits false information to the Secretary in connection with any mortgage insured under the National Housing Act (12 U.S.C. 1701 *et seq.*), or any loan that is covered by a contract of insurance under title I of the National Housing Act;
( 2 ) Falsely certifies to the Secretary or submits a false certification by another person or entity to the Secretary in connection with any mortgage insured under the National Housing Act or any loan that is covered by a contract of insurance under title I of the National Housing Act; or
( 3 ) Is a loan dealer and fails to submit to the Secretary information which is required by regulations or directives in connection with any loan that is covered by a contract of insurance under title I of the National Housing Act.
( c ) *Amount of penalty.* The maximum penalty is $12,249 for each violation, up to a limit of $2,449,575 for all violations committed during any one-year period. Each violation shall constitute a separate violation as to each mortgage or loan application.
[65 FR 9087, Feb. 23, 2000, as amended at 72 FR 5588, Feb. 6, 2007; 77 FR 51468, Aug. 24, 2012; 78 FR 4059, Jan. 18, 2013; 81 FR 38935, June 15, 2016; 82 FR 24524, May 30, 2017; 83 FR 32793, July 16, 2018; 84 FR 9453, Mar. 15, 2019; 85 FR 13044, Mar. 6, 2020; 86 FR 14373, Mar. 16, 2021; 87 FR 24420, Apr. 26, 2022; 88 FR 9748, Feb. 15, 2023; 89 FR 13616, Feb. 23, 2024]
§ 241.1000 Purpose and scope. ( a ) Section 231 of the Emergency Low Income Housing Preservation Act of 1989 (“ELIHPA”) amended the National Housing Act by adding a new subsection (f) to section 241. This section authorizes the Secretary to provide insurance for an equity loan as a vehicle for the owner of an eligible multifamily project to capture a portion of the project's equity, in connection with a plan of action approved by the Commissioner under ELIHPA.
( b ) Section 602 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (“LIHPRHA”) amended section 241 by expanding its scope to include both equity loans for owners, and acquisition loans for purchasers, under a plan of action approved under the provisions of the 1990 Act, and by making other changes. The provisions of section 241(f) as amended by LIHPRHA are applicable to owners with plans of action being processed under part 248, subpart B of this chapter, which implements LIHPRHA.
( c ) The provisions of section 241(f) of the Act as they were in effect prior to LIHPRHA remain in effect for owners with plans of action being processed under part 248, subpart C of this chapter, which implements ELIHPA.
( d ) The insurance of an equity loan or acquisition loan under subpart E of this part may be provided only as a specific element of a plan of action approved by the Commissioner under part 248 of this chapter and is not available under any other departmental program.
( e ) Unless otherwise indicated, the provisions of subparts E and F of this part are applicable to loans insured in connection with plans of action being processed under either subpart B or C of part 248 of this chapter.
( f ) An owner or purchaser may obtain both a rehabilitation loan under subpart A of this part and an equity loan or acquisition loan under subpart E of this part.
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 Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, December 10, 2020, 09:30 a.m. to December 10, 2020, 05:00 p.m., National Institutes of Health, Eunice Kennedy Shriver National Institute of, 6701B Rockledge Drive, Bethesda, MD 20892, which was published in the                     **Federal Register**                     on November 16, 2020, 85 FR 73063.                

This notice is being amended to change the meeting start time from 10:00 a.m. to 9:30 a.m. The meeting is closed to the public.

Dated: November 24, 2020. 

Miguelina Perez,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2020-26370 Filed 11-27-20; 8:45 am]

BILLING CODE 4140-01-P
### SUBCHAPTER XXXIX—MANN CREEK PROJECT, IDAHO
#### § 712.410 Enforcement.

The head of each agency shall take such actions as are necessary to ensure that the provisions herein are vigorously implemented and enforced in that agency.
#### § 203.408 Form and amounts of debentures.

Debentures issued under this part shall be in such form and amounts; and shall be subject to such term and conditions; and shall include such provisions for redemption, if any, as may be prescribed by the Secretary, with the approval of the Secretary of the Treasury; and may be in book entry or certificated registered form, or such other form as the Secretary by regulation may prescribe.

[59 FR 49816, Sept. 30, 1994]
§ 3286.111 Installer certification of installation. ( a ) *Certification required.* When the installation work is complete, a licensed installer must visit the jobsite and certify that: ( 1 ) The manufactured home has been installed in accordance with: ( i ) An installation design and instructions that have been provided by the manufacturer and approved by the Secretary directly or through review by the DAPIA; or
( ii ) An installation design and instructions that have been prepared and certified by a professional engineer or registered architect, that have been approved by the manufacturer and the DAPIA as providing a level of protection for residents of the home that equals or exceeds the protection provided by the federal installation standards in part 3285 of this chapter.
( 2 ) The installation of the home has been inspected as required by § 3286.503 and an inspector has verified the installation as meeting the requirements of this part.
( 3 ) All installation defects brought to the installer's attention have been corrected.
( b ) *Recipients of certification.* The installer must provide a signed copy of its certification to the retailer that contracted with the purchaser or lessee for the sale or lease of the home, and to the purchaser or other person with whom the installer contracted for the installation work.
#### § 241.1205 Payment of insurance benefits.

All the provisions of § 207.259 of this chapter relating to insurance benefits shall apply to an equity or acquisition loan insured under subpart F of this part.

[80 FR 51469, Aug. 25, 2015]
§ 245.415 Submission of materials to HUD: Timing of submission. ( a ) *Initial submission.* The mortgagor must submit the materials applicable to the covered action, as specified in §§ 245.416 through 245.419, to the local HUD office when the notice required under § 245.410 is served on the tenants.
( b ) *Subsequent submission.* If additional notice under § 245.420(c) is required, the mortgagor must submit to HUD any changes to the materials required under §§ 245.416 through 245.419 when the notice required under § 245.420(c) is served on the tenants.
### §79d. Alaska land claimant liable for fees, commissions or purchase money; deposit in Treasury

No provision of this Act shall relieve any public land claimant from the necessity of making payment of fees, commissions, or purchase money required by law or regulation in connection with an application, selection, location, or lease of public lands in Alaska, and all such payments, when made, shall be covered into the Treasury of the United States.

(Oct. 9, 1942, ch. 584, §5, 56 Stat. 779.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in text, is act Oct. 9, 1942, ch. 584, 56 Stat. 778, which enacted sections 79d and 123a of this title and sections 366 and 367 of Title 48, Territories and Insular Possessions, amended sections 80 and 751b of this title, repealed sections 366 and 367 of Title 48, and enacted provisions formerly set out as notes under section 366 of Title 48. For complete classification of this Act to the Code, see Tables.

#### Codification

Section was formerly classified to section 367a of Title 48, Territories and Insular Possessions.
§ 3280.308 Formaldehyde emission controls for composite wood products ( a ) *Definitions.* For purposes of this section, the definitions found in 40 CFR 770.3 apply.
( b ) *Formaldehyde emission levels.* The following maximum formaldehyde emission standards apply whether the composite wood product is in the form of a panel or is incorporated into a component part or finished good: ( 1 ) For hardwood plywood made with a veneer core or composite core, the maximum level is 0.05 parts per million (ppm) of formaldehyde;
( 2 ) For medium density fiberboard, the maximum level is 0.11 ppm of formaldehyde;
( 3 ) For thin medium density fiberboard, the maximum level is 0.13 ppm of formaldehyde; and
( 4 ) For particleboard, the maximum level is 0.09 ppm of formaldehyde.
( c ) *Product certification and continuing qualification.* Only certified composite wood products whether in the form of panels or incorporated into component parts or finished goods, are permitted to be used in manufactured homes sold, supplied, offered for sale, or manufactured in or imported into the United States, consistent with Environmental Protection Agency (EPA) product testing requirements at 40 CFR 770.15. See § 3280.406 for testing requirements for product certification and testing requirements for continuing qualification of formaldehyde emission levels.
( d ) *Panel label.* Manufactured homes must use panels or bundles of panels that are labeled by a panel producer consistent with the labeling requirements at 40 CFR 770.45.
( e ) *Finished good certification label.* Each manufactured home must be provided with a finished good certification label indicating that the home has been produced with composite wood products, or finished goods that contain composite wood products, that comply with the formaldehyde emission requirements of this part and 40 CFR part 770, consistent with § 3280.5(i).
( f ) *Non-complying lots.* Composite wood products from non-complying lots (*i.e.,* lots that exceed the applicable formaldehyde ppm) are not certified composite wood products and may not be used in manufactured homes except in accordance with 40 CFR 770.22.
( g ) *Stockpiling.* The use of stockpiled inventory of composite wood products, whether in the form of panels or incorporated into component parts or finished goods, in manufactured homes, is prohibited in accordance with EPA regulations at 40 CFR 770.12(b) through (d).
( h ) *Third party certification.* All composite wood products in paragraph (b) of this section must be certified by an agency or organization that has been recognized to participate in the EPA Toxic Substances Control Act (TSCA) Title VI Third Party Certification Program.
[85 FR 5566, Jan. 31, 2020]
STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA

VERSUS

RODRICK " DRE" COLEMAN

NO. 2021 KW 1412

DECEMBER 30, 2021

In Re: Rodrick " Dre" Coleman, applying for supervisory writs, 

19th Judicial District Court, Parish of East Baton

Rouge, No. 02- 13- 0950. 

BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ. 

WRIT DENIED ON THE SHOWING MADE. Relator failed to include

a copy of the application for postconviction relief, the State' s

response, the commissioner' s report, the indictment, and the

relevant documents and transcripts from the district court

record that would assist with addressing his claims including

proof that he was convicted by a non -unanimous jury. Therefore, 

this court cannot adequately review the district court' s ruling

at issue herein. Supplementation of this writ application

and/ or an application for rehearing will not be considered. See

Uniform Rules of Louisiana Courts of Appeal, Rules 2- 18. 7 & 4-- 9. 

In the event relator elects to file a new application with this

court, he may do so without the necessity of obtaining a return

date. The application shall be filed on or before February 8, 

2022, and should include the missing items noted above and a

copy of this ruling. 

VGW

AHP

CHH

COURT OF APPEAL, FIRST CIRCUIT

j. 

DEPUTY CLERK OF COURT

FOR THE COURT
### §7271. Transferred

#### **Editorial Notes**

#### Codification

Section, Pub. L. 95–509, title II, §208, Oct. 24, 1978, 92 Stat. 1779, which related to single annual requests by the Secretary for authorizations of appropriations for programs involving the common defense and security of the United States, was renumbered section 4731 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, §3141(j)(7), Nov. 24, 2003, 117 Stat. 1782, and was classified to section 2771 of Title 50, War and National Defense, prior to repeal by Pub. L. 112–239, div. C, title XXXI, §3131(u)(1), Jan. 2, 2013, 126 Stat. 2184.