alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3368 Referred in Senate (RFS)]

109th CONGRESS
  1st Session
                                H. R. 3368

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 26, 2005

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
    at 6483 Lincoln Street in Gagetown, Michigan, as the ``Gagetown 
                    Veterans Memorial Post Office''.

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

SECTION 1. DESIGNATION.

     The facility of the United States Postal Service located at 6483 
Lincoln Street in Gagetown, Michigan, shall be known and designated as 
the ``Gagetown Veterans Memorial Post Office''.

SEC. 2. REFERENCES.

     Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Gagetown Veterans Memorial 
Post Office''.

            Passed the House of Representatives October 25, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
United States District Court

For the Northern District of California

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

Apostol,

Plaintiff,

 v.

Castro Valley Unified School District,

Defendant. /

No. CV09-02676 JSW 

ORDER SCHEDULING TRIAL AND

PRETRIAL MATTERS

Following the Case Management Conference, IT IS HEREBY ORDERED that the Case

Management Statement is adopted, except as expressly modified by this Order. It is further

ORDERED that:

A. DATES

Jury Trial Date: 1/9/2012, at 8:00 a.m.

Pretrial Conference: 12/12/2011, at 2:00 p.m. 

Last Day to Hear Dispositive Motions: Friday, 9/16/2011, 9:00 a.m.

Last Day for Expert Discovery: 6/15/2011

Last Day for Expert Disclosure: 3/15/2011 

Close of Non-expert Discovery: 2/1/2011 

Further Case Management Conference: 12/3/2010, 1:30 p.m.

Joint Supplemental Case Management Statement due: 11/26/2010

B. DISCOVERY

The parties are reminded that a failure voluntarily to disclose information pursuant to

Federal Rule of Civil Procedure 26(a) or to supplement disclosures or discovery responses

pursuant to Rule 26(e) may result in exclusionary sanctions. Thirty days prior to the close of 

Case 3:09-cv-02676-JSW Document 45 Filed 07/08/10 Page 1 of 2
United States District Court

For the Northern District of California

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non-expert discovery, lead counsel for each party shall serve and file a certification that all

supplementation has been completed.

C. ALTERNATIVE DISPUTE RESOLUTION

This matter is referred for an Early Neutral Evaluation to be conducted by October 25,

2010. The parties shall promptly notify the Court whether the case is resolved at the Early

Neutral Evaluation.

D. PROCEDURE FOR AMENDING THIS ORDER

No provision of this order may be changed except by written order of this court upon its

own motion or upon motion of one or more parties made pursuant to Civil. L. R. 7-1 or 7-1-(b)

without a showing of very good cause. If the modification sought is an extension of a deadline

contained herein, the motion must be brought before expiration of that deadline. The parties

may not modify the pretrial schedule by stipulation. A conflict with a court date set after the

date of this order does not constitute good cause. The parties are advised that if they stipulate to

a change in the discovery schedule, they do so at their own risk. The only discovery schedule

that the Court will enforce is the one set in this order. Additionally, briefing schedules that are

specifically set by the court may not be altered by stipulation; rather the parties must obtain

leave of Court.

IT IS SO ORDERED.

Dated: July 8, 2010 

JEFFREY S. WHITE

UNITED STATES DISTRICT JUDGE

Case 3:09-cv-02676-JSW Document 45 Filed 07/08/10 Page 2 of 2
### §70120. In rem liability for civil penalties and certain costs

(a) Civil Penalties.—Any vessel operated in violation of this chapter or any regulations prescribed under this chapter shall be liable in rem for any civil penalty assessed pursuant to section 70119 for such violation, and may be proceeded against for such liability in the United States district court for any district in which the vessel may be found.

(b) Reimbursable Costs of Service Providers.—A vessel shall be liable in rem for the reimbursable costs incurred by any service provider related to implementation and enforcement of this chapter and arising from a violation by the operator of the vessel of this chapter or any regulations prescribed under this chapter, and may be proceeded against for such liability in the United States district court for any district in which such vessel may be found.

(c) Definitions.—In this subsection—

(1) the term "reimbursable costs" means costs incurred by any service provider acting in conformity with a lawful order of the Federal government or in conformity with the instructions of the vessel operator; and

(2) the term "service provider" means any port authority, facility or terminal operator, shipping agent, Federal, State, or local government agency, or other person to whom the management of the vessel at the port of supply is entrusted, for—

(A) services rendered to or in relation to vessel crew on board the vessel, or in transit to or from the vessel, including accommodation, detention, transportation, and medical expenses; and

(B) required handling of cargo or other items on board the vessel.

(Added Pub. L. 108–293, title VIII, §802(a)(2), Aug. 9, 2004, 118 Stat. 1078, §70117; renumbered §70120 and amended Pub. L. 109–241, title IX, §901(l)(2), (3), July 11, 2006, 120 Stat. 565; Pub. L. 109–304, §15(33)(B), (C), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title XXXV, §3529(c)(1), Jan. 28, 2008, 122 Stat. 603.)

#### **Editorial Notes**

#### Amendments

2008—Pub. L. 110–181 repealed Pub. L. 109–304, §15(33)(B), (C). See 2006 Amendment notes below.

2006—Pub. L. 109–304, §15(33)(B), which directed renumbering identical to that made by Pub. L. 109–241, §901(l)(2), was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note below.

Pub. L. 109–241, §901(l)(2), renumbered section 70117 of this title, as added by Pub. L. 108–293, §802(a)(2), as this section.

Subsec. (a). Pub. L. 109–304, §15(33)(C), which directed amendment identical to that made by Pub. L. 109–241, §901(l)(3), was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note below.

Pub. L. 109–241, §901(l)(3), substituted "section 70119" for "section 70120".

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

#### Construction of 2006 Amendment

Provisions of Pub. L. 109–304 repealed by section 3529(c)(1) of Pub. L. 110–181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110–181, set out as a note under section 9504 of Title 26, Internal Revenue Code.
### §§1 to 6. Repealed. July 16, 1947, ch. 256, §1, 61 Stat. 327

Section 1, R.S. §5263, related to use of public domain.

Section 2, R.S. §5264, related to use of materials from public lands.

Section 3, R.S. §5266; acts June 19, 1934, ch. 652, §601, 48 Stat. 1101; Mar. 6, 1943, ch. 10, §6, 57 Stat. 12, related to Government priority in transmission of messages.

Section 4, R.S. §5267; act June 19, 1934, ch. 652, §601, 48 Stat. 1101, related to purchase of lines.

Section 5, R.S. §5268; act June 19, 1934, ch. 652, §601, 48 Stat. 1101, related to acceptance of obligations to be filed.

Section 6, R.S. §5265; act June 19, 1934, ch. 652, §601, 48 Stat. 1101, provided that rights were not transferable.

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

#### Effective Date of Repeal

Act July 16, 1947, ch. 256, §3, 61 Stat. 327, provided that: "This Act [repealing sections 1 to 6 and 8 of this title] shall take effect on the tenth day following the enactment date thereof [July 16, 1947]."

#### Authority of Federal Communications Commission; Effect of Repeal

Act July 16, 1947, ch. 256, §2, 61 Stat. 327, provided that: "Nothing in this Act [repealing sections 1 to 6 and 8 of this title] shall limit the authority of the Federal Communications Commission under the provisions of the Communications Act of 1934, as amended [chapter 5 of this title], to prescribe charges, classifications, regulations, and practices, including priorities, applicable to Government communications."
§ 1218.54 Late payments. ( a ) An interest charge shall be assessed on unpaid and underpaid amounts from the date the amounts are due.
( b ) The interest charge on late payments shall be at the underpayment rate established by the Internal Revenue Code, 26 U.S.C. 6621(a)(2) (Supp. 1987).
( c ) Interest will be charged only on the amount of the payment not received. Interest will be charged only for the number of days the payment is late.
( d ) A portion of the interest collected will be paid to a State where the State shares in mineral revenues from Federal leases.
( e ) An overpayment on a lease or leases may be offset against an underpayment on a different lease or leases to determine a net underpayment on which interest is due pursuant to conditions specified in § 1218.42.
[49 FR 37346, Sept. 21, 1984, as amended at 55 FR 37230, Sept. 10, 1990; 57 FR 62206, Dec. 30, 1992]
### §390h–9. San Francisco area water reclamation study

#### (a) General authority

The Secretary, in cooperation with the city and county of San Francisco, shall conduct a feasibility study of the potential for development of demonstration and permanent facilities to reclaim water in the San Francisco area for the purposes of export and reuse elsewhere in California.

#### (b) Federal share

The Federal share of the costs of the study authorized by this section shall not exceed 50 per centum of the total.

#### (c) Report

The Secretary shall submit the report authorized by this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than five years after appropriation of funds authorized by sections 390h to 390h–39 of this title.

(Pub. L. 102–575, title XVI, §1611, Oct. 30, 1992, 106 Stat. 4667; Pub. L. 103–437, §16(a)(2), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 104–266, §6, Oct. 9, 1996, 110 Stat. 3296.)

#### **Editorial Notes**

#### Amendments

1996—Subsec. (c). Pub. L. 104–266 substituted "five" for "four".

1994—Subsec. (c). Pub. L. 103–437 substituted "Natural Resources" for "Interior and Insular Affairs" before "of the House".
Exhibit 23.1
  Consent of Independent Registered Public Accounting Firm
  We consent to the incorporation by reference in the Registration Statement (Form S-8 No. 333-166996) pertaining to the Tengion, Inc.  Amended and Restated 2004 Stock Incentive Plan and 2010 Stock Option and Incentive Plan of our report dated March 30, 2011, with respect to the financial statements of Tengion, Inc. included in its Annual Report (Form 10-K) for the year ended December 31, 2010, filed with the Securities and Exchange Commission.
  
  /s/ Ernst & Young LLP
  
  Philadelphia, PA
 March 30, 2011
§ 983.203 HAP contract information. The HAP contract must specify: ( a ) The total number of contract units by number of bedrooms;
( b ) Information needed to identify the site and the building or buildings where the contract units are located. The information must include the project's name, street address, city or county, state and zip code, block and lot number (if known), and any other information necessary to clearly identify the site and the building;
( c ) Information needed to identity the specific contract units in each building. The information must include the number of contract units in the building, the location of each contract unit, the area of each contract unit, and the number of bedrooms and bathrooms in each contract unit;
( d ) Services, maintenance, and equipment to be supplied by the owner without charges in addition to the rent to owner;
( e ) Utilities available to the contract units, including a specification of utility services to be paid by the owner (without charges in addition to rent) and utility services to be paid by the tenant;
( f ) Features provided to comply with program accessibility requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8, the Fair Housing Act, and the Americans with Disabilities Act, as applicable;
( g ) The HAP contract term;
( h ) The number of contract units under the increased program cap (as described in § 983.6(d)) or excepted from the project cap (as described in § 983.54(c)) which will be set aside for occupancy by families who qualify for such a unit;
( i ) The initial rent to owner (for the first 12 months of the HAP contract term); and
( j ) Whether the PHA has elected not to reduce rents below the initial rent to owner in accordance with 24 CFR 983.302(c)(2).
[70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36167, June 25, 2014; 89 FR 38324, May 7, 2024]
#### WASINSKI v. NEW YORK CENT. & H. R. R. CO.

(Supreme Court, Appellate Division, Fourth Department.

October 27, 1903.)

Action by William Wasinski against the New York Central & Hudson River Railroad Company.

No opinion. Motion for reargument denied, with $10 costs and disbursements. Motion for leave to appeal to the Court of Appeals denied.
§ 964.140 Resident training. ( a ) *Resident training opportunities.* HUD encourages a partnership between the residents, the HA and HUD, as well as with the public and non-profit sectors to provide training opportunities for public housing residents. The categories in which training could occur include, but are not limited to: ( 1 ) Community organization and leadership training;
( 2 ) Organizational development training for Resident Management Corporations and duly elected Resident Councils;
( 3 ) Public housing policies, programs, rights and responsibilities training; and
( 4 ) Business entrepreneurial training, planning and job skills.
( b ) *Local training resources.* HUD encourages the use of local training resources to ensure the ongoing accessibility and availability of persons to provide training and technical assistance. Possible training resources may include: ( 1 ) Resident organizations;
( 2 ) Housing authorities;
( 3 ) Local community colleges, vocational schools; and
( 4 ) HUD and other Federal agencies and other local public, private and non-profit organizations.
#### The People of the State of New York, Respondent, v. Donald E. De Groat, Appellant.

Permission to prosecute appeal as a poor person grantéd. Appeal may be perfected upon one typewritten copy of the record and five typewritten copies of the brief. Motion in all other respects denied. Present — Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT SHERRELL GARY BRINKLEY, Petitioner-Appellant, v. No. 00-6369 P. PITZER, Warden, Respondent-Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert D. Potter, Senior District Judge. (CA-98-1893, CA-99-54) Submitted: July 20, 2000 Decided: August 9, 2000 Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges.

_________________________________________________________________ Dismissed by unpublished per curiam opinion.

_________________________________________________________________ COUNSEL Sherrell Gary Brinkley, Appellant Pro Se.

_________________________________________________________________ Unpublished opinions are not binding pr ecedent in this circuit. See Local Rule 36(c).

_________________________________________________________________OPINION PER CURIAM: Sherrell Gary Brinkley seeks to appeal an order of the district court dismissing an action construed as a motion under 28 U.S.C.A. § 2255 (West Supp. 2000). He asks that the decision of the district court be vacated and the case remanded with instructions to transfer the matter to the United States District Court for the Eastern District of Texas, where it was initially filed, for consideration as a petition under 28 U.S.C. § 2241 (1994). This case was transferred to the Western District of North Carolinafrom the Eastern District of Texas. The transfer order is not reviewable. See Linnell v. Sloan , 636 F.2d 65, 67 (4th Cir. 1980). Further,as every court to consider this case has concluded, Brinkley's challenge to his sentence was properly construed as a motion under 28 U.S.C.A. § 2255. See Swain v. Pressley , 430 U.S. 372, 381 (1977); see also In re Vial , 115 F.3d 1192, 1194 n.4 (4th Cir. 1997); cf. Hooker v. Sivley , 187 F.3d 680, 681-82 (5th Cir. 1999). B ecause themotion was successive, and because Brinkley did not obtain permission to file a successive petition, the district court properly dismissed the motion. See 28 U.S.C.A. § 2244, 2255 (West 1994 & Supp. 2000). Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not significantly aid the decisional process. DISMISSED 2
Editorial Note on Part 985
Editorial Note: Nomenclature changes to part 985 appear at 64 FR 67983, Dec. 3, 1999.

§ 985.201 Applicability. ( a ) This subpart applies to small rural PHAs as defined in § 902.101 of this chapter.
( b ) Small rural PHAs shall be assessed and rated on the indicators and methodology of this subpart and shall not be subject to the SEMAP requirements.
#### § 886.301 Purpose.

The purpose of this subpart is to provide for the use of Section 8 housing assistance in connection with the sale of HUD-owned multifamily rental housing projects and the foreclosure of HUD-held mortgages on rental housing projects (as defined in 24 CFR 290.5).

[58 FR 43722, Aug. 17, 1993]
### §30905. Period for bringing action

A civil action under this chapter must be brought within 2 years after the cause of action arose.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1518.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 30905 | 46 App.:745 (words before 1st proviso). | Mar. 9, 1920, ch. 95, §5 (words before 1st proviso), 41 Stat. 526; June 30, 1932, ch. 315, 47 Stat. 420; Dec. 13, 1950, ch. 1136, 64 Stat. 1112. |

Section
### §9304. Pilotage pools

(a) The Secretary may authorize the formation of a pool by a voluntary association of United States registered pilots to provide for efficient dispatching of vessels and rendering of pilotage services.

(b) For pilotage pools, the Secretary may—

(1) limit the number of the pools;

(2) prescribe regulations for their operation and administration;

(3) prescribe a uniform system of accounts;

(4) perform audits and inspections; and

(5) require coordination on a reciprocal basis with similar pool arrangements authorized by the appropriate agency of Canada.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 559.)

| Revised section | Source section (U.S. Code) |
| --- | --- |
| 9304 | 46:216b(e) |

Section 9304 provides for the formation of a pool by a voluntary association of United States registered pilots to provide for efficient pilotage services.

Subsection (a) permits the Secretary to authorize formation of United States pilotage pools.

Subsection (b) sets forth the restrictions and conditions that the Secretary may prescribe for these pools.
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO. 2-06-405-CR

SHEILA LANETTE CALHOUN	APPELLANT

A/K/A SHEILA L. CALHOUN

	V.

THE STATE OF TEXAS	STATE

	------------

	FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY

	------------

	MEMORANDUM OPINION1

	------------

	Appellant Sheila Lanette Calhoun pled guilty to theft of property valued under $1500 with two prior theft convictions.  The jury found her guilty, found that she had used or exhibited a deadly weapon during the offense, and assessed her punishment at ten years’ confinement in the Institutional Division of the Texas Department of Criminal Justice.  The trial court sentenced her accordingly.

	Appellant’s court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion.  In the brief, counsel avers that, in his professional opinion, this appeal is frivolous.  Counsel’s brief and motion meet the requirements of Anders v. California2 by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief.  Although Appellant was given an opportunity to file a brief, she has not done so.

	After an appellant’s court-appointed counsel files a motion to withdraw on the ground that the appeal is frivolous and fulfills the requirements of Anders, this court is obligated to undertake an independent examination of the record.3  Only then may we grant counsel’s motion to withdraw.4  Because Appellant entered an open plea of guilty, our independent review for potential error is limited to potential jurisdictional defects, the voluntariness of her plea, error that is not independent of and supports the judgment of guilt, and error occurring after entry of the guilty plea.5

	We have carefully reviewed counsel’s brief and the record.  We agree with counsel that this appeal is wholly frivolous and without merit; we find nothing in the record that arguably might support the appeal.6  Accordingly, we grant counsel’s motion to withdraw and affirm the trial court’s judgment.

								PER CURIAM

PANEL F:  DAUPHINOT, GARDNER, and WALKER, JJ.

DO NOT PUBLISH	

Tex. R. App. P. 47.2(b)

DELIVERED:  March 6, 2008