alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 95-3072

James Spann; * * Appellant; * * Appeal from the United States v. * District Court for the * Western District of Missouri. Michael Groose; Gerald Brommel; * Dwayne Kempker; Joseph Staten; * [UNPUBLISHED] Melvyn Douglas Smith, COI; * *

Appellees. *

Submitted: February 13, 1996 Filed: March 11, 1996
Before MAGILL, HEANEY, and MURPHY, Circuit Judges.

PER CURIAM.

James Spann, an inmate at the Jefferson City Correctional Center , initiated this action under 42 U.S.C. § 1983, alleging that the defendant pris on officials violated his constitutional rights. Specifically, h e asserted that they fa iled to protect him from an assault by other inmates at the correctional facility. The district cour t adopted the magistrate's report and recommendation and granted the defendants summary judgment in this matter. Spann appeals.

The Eighth Amendment imposes upon prison officials the duty t o provide inmates with "humane conditions of confinement," which include s taking reasonable measures to "'protect prisoners from violence at th e hands of other prisoners.'" Farmer v. Brennan , 114

### 2

S. Ct. 1970, 1976 (1994) (quoting Cortes-Quinones v. Jimenez-Nettleship , 842 F.2d 556, 558 (1st Cir.), cert. denied , 488 U.S. 823 (1988)). For a fail ure-to-protect claim, inmates must show both that they ar e "incarcerated under c onditions posing a substantial risk of serious harm" and that a prison official "knows of and disregards an excessive risk to inmate health or safety." Id . at 1977, 1979.
We have carefully reviewed the briefs and the record in this ca se and agre e with the district court that the named defendants were withou t knowledge of a seriou s risk to Spann's safety. Thus, they could not have been deliberately indifferent. We therefore affirm the district court's grant of summary judg ment for the defendants and the dismissal of Spann's claim.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
###### Editorial Note on Part 724

#### Editorial Note:

Nomenclature changes to part 724 appear at 65 FR 62616, Oct. 19, 2000.

#### § 724.306 Functions of the Commander, Naval Medical Command.

Under the CNO the COMNAVMEDCOM shall facilitate, as required, access by the NDRB to health records of applicants.
#### Solomon H. Shapiro, Respondent, v. City of New York et al., Appellants.

Order, entered on or about December 20, 1963, denying the motions of defendants to dismiss the complaint for failure to prosecute pursuant to 3216 of the Civil Practice Law and Rules, unanimously reversed, on law and on the facts, and in the exercise of discretion, with $20 costs and disbursements to appellants, and the motions to dismiss the complaint granted, with $10 costs. In this 1959 action for conspiracy, unlawful competition, and patent infringement, relating to events between 1934 and 1956, plaintiff fails to justify sufficiently the inordinate delay or to establish, except by way of bald conclusions, that his cause of action has adequate merit (see *Sortino*v. Fisher, 20 A D 2d 25). Concur — Breitel, J. P., Valente, Stevens, Eager and Steuer, JJ.
#### In the Matter of Carlton Gilchrist, Petitioner, v. County Court, Erie County, et al., Respondents.

Petition granted and writ issued, without costs. All concur. Memorandum: The defendant was tried in the City Court of Buffalo upon a charge of violating chapter IS, section 24, of the Buffalo City Ordinance in that he resisted an officer in the discharge of his regular duty. The information alleged two acts of resistance; one occurred at the place where he was arrested for a traffic violation; the second act was alleged to have occurred in the station house where, it is alleged, he also resisted and *747in doing so knocked Patrolman Kean to the floor. The Trial Judge found him guilty of the first act and there is no dispute between the parties that this conviction was valid. He made no determination as to the second act. However, there was testimony as to the second offense and the Trial Judge had the case .before him for decision and therefore the defendant was in jeopardy for the second act. The present indictment for assault, second degree, is predicated upon the same acts which were included in the second alleged offense upon which defendant was previously tried. “All of the evidence necessary to convict in the second offense was admissible under the first charge ” *(Matter of Martinis*v. *Supreme Ct.,*20 A D 2d 79, 84); “No person shall 'be subject to be twice put in jeopardy for the same offense (N. Y. S. Const, art. I, § 6.) To permit a trial upon the present indictment would constitute placing defendant in double jeopardy in violation of his constitutional rights. (Application to restrain respondents from continuing with proceedings on indictment and to dismiss the indictment.) Present — Williams, P. J., Bastow, Henry, Noonan and Del Yecchio, JJ.
1.105-1 Publication and code arrangement. ( a ) The FAR is published in— ( 1 ) The daily issue of the Federal Register;
( 2 ) Cumulated form in the Code of Federal Regulations (CFR); and
( 3 ) A separate edition available at *https://www.acquisition.gov/browse/index/far .*
( b ) The FAR is issued as Chapter 1 of Title 48, CFR. Subsequent chapters are reserved for agency acquisition regulations that implement or supplement the FAR (see subpart 1.3). The CFR Staff will assign chapter numbers to requesting agencies.
( c ) Each numbered unit or segment (e.g., part, subpart, section, etc.) of an agency acquisition regulation that is codified in the CFR shall begin with the chapter number. However, the chapter number assigned to the FAR will not be included in the numbered units or segments of the FAR.
[48 FR 42103, Sept. 19, 1983. Redesignated at 60 FR 34733, July 3, 1995; 85 FR 67614, Oct. 23, 2020]
Notice: This opinion is subject to formal revision before publication in the

Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the

Court of any formal errors so that corrections may be made before the bound

volumes go to press.

DISTRICT OF COLUMBIA COURT OF APPEALS

No. 1 7

- BG

- 2 3 0

IN RE : ANTOINE I. MANN

, Respondent. D DN : 413

- 16

Bar Reg istration No. 433378

BEFORE: Glickman and Beckwith

, Associate Judge s

, and Farrell , Senior Judge.

ORDER

(Filed

– April 13, 2017)

On consideration of Disciplinary Counsel’s report regarding petitioner’s

petition for reinstatement wherein Disciplinary Counsel informs the court that M r

. Mann has demonstrated that he is fit to resume the practice of law

, and it appearing

that petitioner is eligible to file the petition for reinstatement, see In re Mann

, 883

A. 2 d 887 (D.C. 20 0 5 ), it is

ORDERED that petitioner ’s petition for reinstatement is granted

. It is

FURTHER ORDERED that Antoine I. Mann is hereby reinstated to the Bar

of the District of Columbia

.

PER CURIAM
§ 776.49 Truthfulness in statements to others. ( a ) In the course of representing a client a covered attorney shall not knowingly; ( 1 ) Make a false statement of material fact or law to a third person; or
( 2 ) Fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by § 776.25 of this part.
( b ) [Reserved]
#### Edward D. Gulczynski, Respondent, v. Harry P. Kirst, Appellant, et al., Defendants.

Order insofar as appealed from unanimously reversed, without costs of this appeal to any party and motion granted, without costs. Same memorandum as filed in companion case of *Gulczynski*v. *Kirst*(21 A D 2d 756). (Appeal from part of order of Erie Special Term which denied motion to dismiss complaint.) Present — Williams, P. J., Bastow, Henry, Noonan and Del Veechio, JJ.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 577 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 157
115th CONGRESS
  1st Session
                                 S. 577

                          [Report No. 115-120]

   To require each agency, in providing notice of a rule making, to 
  include a link to a 100 word plain language summary of the proposed 
                                 rule.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2017

 Mr. Lankford (for himself, Mr. Risch, and Mr. Roberts) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

                             June 28, 2017

               Reported by Mr. Johnson, with an amendment
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
   To require each agency, in providing notice of a rule making, to 
  include a link to a 100 word plain language summary of the proposed 
                                 rule.

    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 ``Providing Accountability Through 
Transparency Act of 2017''.

SEC. 2. REQUIREMENT TO POST A 100 WORD SUMMARY TO REGULATIONS.GOV.

    Section 553(b) of title 5, United States Code, is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after paragraph (3) the following:
            ``(4) the Internet address of a summary of not more than 
        100 words in length of the proposed rule, in plain language, 
        that shall be posted on the Internet website under section 
        206(d) of the E-Government Act of 2002 (44 U.S.C. 3501 note) 
        (commonly known as regulations.gov).''.
                                                       Calendar No. 157

115th CONGRESS

  1st Session

                                 S. 577

                          [Report No. 115-120]

_______________________________________________________________________

                                 A BILL

   To require each agency, in providing notice of a rule making, to 
  include a link to a 100 word plain language summary of the proposed 
                                 rule.

_______________________________________________________________________

                             June 28, 2017

                       Reported with an amendment
```
#### § 750.69 Measure of damages.

Generally, the measure-of-damage provisions under the MCA are used to determine the extent of recovery for nonscope claims. Compensation is computed in accordance with §§ 750.47 and 750.48 of subpart C, except damages for personal injury or death under this section shall not be for more than the cost of reasonable medical, hospital, and burial expenses actually incurred and not otherwise furnished or paid for by the United States.
#### In the Matter of Charles W. Jenkins, an Attorney, Respondent. New York State Bar Association, Petitioner.

Third Department,

June 20, 1963.

*54
      *Donald- A. MacHarg*for petitioner.

*Charles W. Jenkins,*respondent in person.

*Per Curiam.*

Respondent conceded that on February 12, 1963 he was convicted upon his plea of guilty to one count of an information filed against him in the United States District Court for the Northern District of New York charging Federal misdemeanors in that he willfully failed to file income tax returns for the calendar years 1967-61 in violation of section 7203 of the Internal Revenue Code of 1954 (U. S. Code, tit. 26, § 7203). This constituted professional misconduct in violation of canons 29 and 32 of the Canons of Professional Ethics and it is so adjudged. *(Matter of Edelbaum,*10 A D 2d 64, motion for leave to appeal denied 7 N Y 2d 712.)

Taking into consideration respondent’s otherwise satisfactory record as a member of the Bar, and the punishment heretofore imposed in the United States District Court, we reach the conclusion that respondent should be suspended for a period of three months.

Berg an, P. J., Coon, Reynolds and Taylor, JJ., concur.

Respondent suspended for a period of three months.
### §473b. Market supply, demand, condition and prices; collection and publication of information

The Secretary of Agriculture is also authorized and directed to collect, authenticate, publish, and distribute, by telegraph, radio, mail, or otherwise, timely information on the market supply, demand, location, condition, and market prices for cotton, and to cause to be prepared regularly and distributed for posting at gins, in post offices, or in other public or conspicuous places in cotton-growing communities, information on prices for the various grades and staple lengths of cotton.

(Mar. 3, 1927, ch. 337, §3b, as added Apr. 13, 1937, ch. 75, 50 Stat. 62.)
#### In re ANDERSON. In the matter of Julia A. Anderson. William H. Corbin, for appellant. Albin E. Anderson, for respondent.

(Supreme Court, Appellate Division, First Department.

October 23, 1903.)

No opinion. Motion granted.
CALIFORNIA AIR RESOURCES BOARD

APCD/AQMD RULE EVALUATION FORM -- Page 1

(Electronic Format)

I. GENERAL INFORMATION

District: Yolo-Solano Air Quality Management District

Rule No(s): 2.22 Date adopted/Amended/Rescinded: January 14, 2015

Rule Title(s): Gasoline Dispensing Facilities

Date Submitted to ARB: March 20, 2015

If an Amended Rule, Date Last Amended (or Adopted): June 12, 2002

Is the Rule Intended to be Sent to the U.S. EPA as a SIP Revision? Yes No (If No, do not complete remainder of form)

District Contact: Frank DeMaris Phone Number: 530-757-3667 E-mail Address: fdemaris@ysaqmd.org

Narrative Summary of New Rule or Rule Changes: New Rule Amended Rule

The rule was amended to provide exemptions from Phase II EVR for E85 operations, ORVR-equipped captive 

fleets, and non-retail existing aboveground storage tanks. In addition, certain compliance notification requirements 

have been relaxed to be more realistic or because the original requirement is no longer applicable.

Pollutant(s) Regulated by the Rule (Check): ROG (NOx) SO2

(CO) PM TAC (name):

II. EFFECT ON EMISSIONS

Complete this section ONLY for rules that, when implemented, will result in quantifiable changes in emissions. Attach reference(s) for emission factor(s) 

and other information. Attach calculation sheet showing how the emission information provided below was determined.

Net Effect on Emissions: Increase Decrease N/A

Emission Reduction Commitment in SIP for this Source Category: 

Inventory Year Used to Calculate Changes in Emissions: Area Affected: 

Future Year Control Profile Estimate (Provide information on as many years as possible):
CALIFORNIA AIR RESOURCES BOARD

APCD/AQMD RULE EVALUATION FORM -- Page 2

(Electronic Format)

Baseline Inventory in the SIP for the Control Measure: 

Emissions Reduction Commitment in the SIP for the Control Measure: 

Revised Baseline Inventory (if any): 

Revised Emission Reduction Estimate (if developed): 

Note that the district’s input to the Rule Evaluation Form will not be used as input to the ARB’s emission forecasting and 

planning.

III. SOURCES/ATTAINMENT STATUS

District is: Attainment Nonattainment Split

Approximate Total Number of Small (<100 TPY) Sources Affected by this Amendment: 200

Percent in Nonattainment Area: 100%

Number of Large (> 100 TPY) Sources Controlled: 0 Percent in Nonattainment Area: %

Name(s) and Location(s) (city and county) of Large (> 100 TPY) Sources Controlled by Rule (Attach additional sheets as 

necessary): 

IV. EMISSION REDUCTION TECHNOLOGY

Does the Rule Include Emission Limits that are Continuous? Yes No

If Yes, Those Limits are in Section(s) of the Rule.

Other Methods in the Rule for Achieving Emission Reductions are: 

V. OTHER REQUIREMENTS

The Rule Contains:

Emission Limits in Section(s): Work Practice Standards in Section(s): 300

Recordkeeping Requirements in Section(s): 500 Reporting Requirements in Section(s): 500
CALIFORNIA AIR RESOURCES BOARD

APCD/AQMD RULE EVALUATION FORM -- Page 3

(Electronic Format)

5/1/2002

3

VI. IMPACT ON AIR QUALITY PLAN

 No Impact Impacts RFP Impacts attainment

Discussion:
No. 711.

#### Hudson Navigation Company *v.*J. Aron & Company, Inc., et al.

March 8, 1920.

*Mr. Seth Shepard*and *Mr. Stuart G.*
      *579
      *Gibboney*for petitioner.

*578Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied.

*579
      *Mr. Charles R. Hickox*and *Mr. Geo. H. Mitchell*for respondents.
Editorial Note on Part 724
Editorial Note: Nomenclature changes to part 724 appear at 65 FR 62616, Oct. 19, 2000.

§ 724.603 Functions. ( a ) Meet as frequently as necessary to provide expeditious review of naval discharges.
( b ) Meet at locations within the 48 contiguous states as determined appropriate on the basis of the number of discharge review applications received from various geographical areas and of available resources and facilities.
( c ) Review applications for review of discharges.
( d ) In consonance with directives of higher authority and the policies set forth in this Manual, grant or deny change of discharges.
( e ) Promulgate decisions in a timely manner.
( f ) Maintain a system of records.
( g ) Maintain liaison in discharge review matters with: ( 1 ) General Counsel of the Navy.
( 2 ) Commandant of the Marine Corps.
( 3 ) Chief of Naval Operations. ( i ) Commander, Naval Reserve Force.
( ii ) Commander, Naval Medical Command.
( iii ) Commander, Naval Military Personnel Command, under the Chief of Naval Personnel.
( 4 ) Judge Advocate General of the Navy.
( 5 ) Veterans' service organizations.
( 6 ) Discharge review boards of the other services, using the Army Discharge Review Board as the focal point for service coordination.
( h ) Protect the privacy of individuals whose records are reviewed.
( i ) Maintain for public access a reading file and associated index of records of NDRB proceedings in all reviews undertaken subsequent to July 1, 1975.
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 the Treasury

###### Office of Foreign Assets Control

# AGENCY:

Office of Foreign Assets Control, Treasury.

# ACTION:

Notice.

# SUMMARY:

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC's Specially Designated Nationals and Blocked Persons List based on OFAC's determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.

# DATES:

                        See                         **Supplementary Information**                         section for applicable date(s).                    

# FOR FURTHER INFORMATION CONTACT:

OFAC: Andrea Gacki, Director, tel.: 202-622-2420; Associate Director for Global Targeting, tel.: 202-622-2420; Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490; Assistant Director for Licensing, tel.: 202-622-2480.

# SUPPLEMENTARY INFORMATION:

## Electronic Availability

                    The Specially Designated Nationals and Blocked Persons List and additional information concerning OFAC sanctions programs are available on OFAC's website (                    *www.treas.gov/​ofac*).                

## Notice of OFAC Actions

On December 22, 2020, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following persons are blocked under the relevant sanctions authorities listed below.

## Individuals

      ( print page 85858)    

## Entities

      ( print page 85859)          ( print page 85860)          ( print page 85861)    
      ( print page 85862)    
Dated: December 22, 2020.

Andrea M. Gacki,

Director, Office of Foreign Assets Control, U.S. Department of the Treasury.

BILLING CODE 4810-AL-P

[FR Doc. 2020-28737 Filed 12-28-20; 8:45 am]

BILLING CODE 4810-AL-C
### §1635a. Definitions

In this subchapter:

#### (1) Base price

The term "base price" means the price paid for livestock, delivered at the packing plant, before application of any premiums or discounts, expressed in dollars per hundred pounds of carcass weight.

#### (2) Basis level

The term "basis level" means the agreed-on adjustment to a future price to establish the final price paid for livestock.

#### (3) Current slaughter week

The term "current slaughter week" means the period beginning Monday, and ending Sunday, of the week in which a reporting day occurs.

#### (4) F.O.B.

The term "F.O.B." means free on board, regardless of the mode of transportation, at the point of direct shipment by the seller to the buyer.

#### (5) Livestock

The term "livestock" means cattle, swine, and lambs.

#### (6) Lot

The term "lot" means a group of one or more livestock that is identified for the purpose of a single transaction between a buyer and a seller.

#### (7) Marketing

The term "marketing" means the sale or other disposition of livestock, livestock products, or meat or meat food products in commerce.

#### (8) Negotiated purchase

The term "negotiated purchase" means a cash or spot market purchase by a packer of livestock from a producer under which—

(A) the base price for the livestock is determined by seller-buyer interaction and agreement on a day; and

(B) the livestock are scheduled for delivery to the packer not later than 14 days after the date on which the livestock are committed to the packer.

#### (9) Negotiated sale

The term "negotiated sale" means a cash or spot market sale by a producer of livestock to a packer under which—

(A) the base price for the livestock is determined by seller-buyer interaction and agreement on a day; and

(B) the livestock are scheduled for delivery to the packer not later than 14 days after the date on which the livestock are committed to the packer.

#### (10) Prior slaughter week

The term "prior slaughter week" means the Monday through Sunday prior to a reporting day.

#### (11) Producer

The term "producer" means any person engaged in the business of selling livestock to a packer for slaughter (including the sale of livestock from a packer to another packer).

#### (12) Reporting day

The term "reporting day" means a day on which—

(A) a packer conducts business regarding livestock committed to the packer, or livestock purchased, sold, or slaughtered by the packer;

(B) the Secretary is required to make information concerning the business described in subparagraph (A) available to the public; and

(C) the Department of Agriculture is open to conduct business.

#### (13) Secretary

The term "Secretary" means the Secretary of Agriculture.

#### (14) State

The term "State" means each of the 50 States.

(Aug. 14, 1946, ch. 966, title II, §212, as added Pub. L. 106–78, title IX, §911(2), Oct. 22, 1999, 113 Stat. 1188.)