alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[ DO NOT PUBLISH] 

## In the 

# United States Court of Appeals For the Eleventh Circuit

____________________
No. 23

- 12559
Non

- Argument Calendar

____________________
RICHARD HARRIS,
Plaintiff

- Appellant,

versus JAMES COTTE, JOHN DOE, GILBERT NOE,

Defendants

- Appellees.

____________________ Appeal from the United States District Court for the Middle District of Florida USCA11 Case: 23-12559 Document: 18-1 Date Filed: 09/21/2023 Page: 1 of 22 Opinion of the Court 23

- 12559

D.C. Docket No. 2:21

- cv

- 00646

- SPC

- NPM

____________________ Before B RANCH , G RANT , and L UCK , Circuit Judges

PER CURIAM: This appeal is DISMISSED, sua sponte , for lack of jurisdiction. Richard Harris appeals from a magistrate judge’s July 25, 2023 order denying his motions for appointment of counsel. However, we lack jurisdiction to directly review magistrate judge orders, as an appeal from such an order must be taken to the district court before the appellant files his notice of appeal. See United States

v. Schultz , 565 F.3d 1353, 1359 (11th Cir. 2009). Furthermore, the district court’s August 15, 2023 order refu sing to vacate the July 25 magistrate judge order does not cure the premature notice of appeal because the August 15 order was entered after Harris’s August 2 notice of appeal. See Perez

- Priego v. Alachua Cnty. Clerk of Ct. , 148 F.3d 1272, 1273 (11th Cir. 1998). All pending motions are DENIED as moot. No petition for rehearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40

- 3 and all other applicable rules. USCA11 Case: 23-12559 Document: 18-1 Date Filed: 09/21/2023 Page: 2 of 2
#### 52.241-6 Service Provisions.

As prescribed in 41.501(c)(5), insert a clause substantially the same as the following:

# Service Provisions (FEB 1995)

(a) *Measurement of service.* (1) All service furnished by the Contractor shall be measured by suitable metering equipment of standard manufacture, to be furnished, installed, maintained, repaired, calibrated, and read by the Contractor at its expense. When more than a single meter is installed at a service location, the readings thereof may be billed conjunctively, if appropriate. In the event any meter fails to register (or registers incorrectly) the service furnished, the parties shall agree upon the length of time of meter malfunction and the quantity of service delivered during such period of time. An appropriate adjustment shall be made to the next invoice for the purpose of correcting such errors. However, any meter which registers not more than __ percent slow or fast shall be deemed correct.

(2) The Contractor shall read all meters at periodic intervals of approximately 30 days or in accordance with the policy of the cognizant regulatory body or applicable bylaws. All billings based on meter readings of less than __ days shall be prorated accordingly.

(b) *Meter test.* (1) The Contractor, at its expense, shall periodically inspect and test Contractor-installed meters at intervals not exceeding __ year(s). The Government has the right to have representation during the inspection and test.

(2) At the written request of the Contracting Officer, the Contractor shall make additional tests of any or all such meters in the presence of Government representatives. The cost of such additional tests shall be borne by the Government if the percentage of errors is found to be not more than __ percent slow or fast.

(3) No meter shall be placed in service or allowed to remain in service which has an error in registration in excess of __ percent under normal operating conditions.

(c) *Change in volume or character.* Reasonable notice shall be given by the Contracting Officer to the Contractor regarding any material changes anticipated in the volume or characteristics of the utility service required at each location.

(d) *Continuity of service and consumption.* The Contractor shall use reasonable diligence to provide a regular and uninterrupted supply of service at each service location, but shall not be liable for damages, breach of contract or otherwise, to the Government for failure, suspension, diminution, or other variations of service occasioned by or in consequence of any cause beyond the control of the Contractor, including but not limited to acts of God or of the public enemy, fires, floods, earthquakes, or other catastrophe, strikes, or failure or breakdown of transmission or other facilities. If any such failure, suspension, diminution, or other variation of service shall aggregate more than __ hour(s) during any billing period hereunder, an equitable adjustment shall be made in the monthly billing specified in this contract (including the minimum monthly charge).

(End of clause)

[59 FR 67024, Dec. 28, 1994; 60 FR 5870, Jan. 31, 1995]
#### 5416.203-4 Contract clauses.

(S-90) When the contracting officer determines that an existing EPA clause is not appropriate, the contracting officer may develop and use another EPA clause in accordance with 5416.203-1 (a)(S-90) or (c)(S-90). Established prices and cost indexes need not reflect changes in the costs or established prices of a specific contractor. The established price or cost index may be derived from sales prices in the marketplace, quotes, or assessments as reported or made available in a consistent manner in a publication, electronic database, or other form, by an independent trade association, Governmental body, or other third party independent of the contractor. More than one established price or cost index may be combined in a formula for economic price adjustment purposes in the absence of an appropriate single price or cost index.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-7688

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RANCHEZ SHELLEY,

Defendant - Appellant.

Appeal from the United States District Court for the District of 

South Carolina, at Columbia. Joseph F. Anderson, Jr., District 

Judge. (3:06-cr-01225-JFA-3)

Submitted: July 19, 2012 Decided: July 23, 2012

Before DUNCAN, AGEE, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ranchez Shelley, Appellant Pro Se. John David Rowell, Assistant 

United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Ranchez Shelley seeks to appeal the district court’s 

orders denying his 18 U.S.C. § 3582(c)(2) (2006) motion for a 

reduction of sentence and motion for reconsideration. We 

confine our review to the issue raised in the informal brief. 

4th Cir. R. 34(b). Because Shelley does not challenge the 

district court’s disposition of the § 3582 motion, he has 

forfeited appellate review of that order. With regard to the 

motion for reconsideration, the district court lacked the 

authority to consider Shelley’s motion. See United States v. 

Goodwyn, 596 F.3d 233, 236 (4th Cir. 2010). We therefore affirm 

the court’s order. We dispense with oral argument because the 

facts and legal contentions are adequately presented in the 

materials before the court and argument would not aid the 

decisional process.

AFFIRMED
#### 514.202 General rules for solicitation of bids.
#### Fremont Realty, Inc., Appellant, v P & N Iron Works, Inc., et al., Defendants, and USI Securities, Inc., Respondent.

[835 NYS2d 273]

*587In an action, inter alia, to recover damages for negligence in the procurement of insurance coverage and breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered December 20, 2005, which granted the motion of the defendant USI Securities, Inc., for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

On its motion for summary judgment dismissing the complaint insofar as asserted against it, the defendant USI Securities, Inc. (hereinafter USI), which was the plaintiffs insurance broker, demonstrated its entitlement to judgment as a matter of law by submitting evidence establishing that the plaintiff did not specifically request that it procure certain additional insurance coverage, and that it did not have a “special relationship” with the plaintiff that would have required it to advise the plaintiff to obtain that coverage (see *Murphy v Kuhn,*90 NY2d 266, 270 [1997]; *Loevner v Sullivan & Strauss Agency, Inc.,*35 AD3d 392, 393 [2006], *lv denied*8 NY3d 808 [2007]; *Curiel v State Farm Fire & Cas. Co.,*35 AD3d 343 [2006]; *Tappan Wire & Cable v County of Rockland,*305 AD2d 665, 666 [2003]; *Storybook Farms v Ruchman Assoc.,*284 AD2d 450, 451 [2001]; *M & E Mfg. Co. v Frank H. Reis, Inc.,*258 AD2d 9, 11 [1999]). Since, in opposition to that showing, the plaintiff failed to raise a triable issue of fact (see *Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]), the Supreme Court correctly granted USI’s motion for summary judgment dismissing the complaint insofar as asserted against it. Crane, J.P., Krausman, Covello and Garni, JJ., concur.
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## Breadcrumb

            -  Announcements 
            -           Resource: Strategies to Help Parents and Families Create Healthy and Supportive School Environments      

# Resource: Strategies to Help Parents and Families Create Healthy and Supportive School Environments

This webpage provides guidance on how to work with your child’s school to reinforce behaviors that contribute to a healthy and supportive school environment. Additional resources are also provided. **Learn more.**
#### 52.215-3 Request for Information or Solicitation for Planning Purposes.

As prescribed in 15.209(c), insert the following provision:

# Request for Information or Solicitation for Planning Purposes (OCT 1997)

(a) The Government does not intend to award a contract on the basis of this solicitation or to otherwise pay for the information solicited except as an allowable cost under other contracts as provided in subsection 31.205-18, Bid and proposal costs, of the Federal Acquisition Regulation.

(b) Although “proposal” and “offeror” are used in this Request for Information, your response will be treated as information only. It shall not be used as a proposal.

(c) This solicitation is issued for the purpose of: [*state purpose*].

(End of provision)

[62 FR 51261, Sept. 30, 1997]
47.305 Solicitation provisions, contract clauses, and transportation factors. ( a ) The contracting officer shall coordinate transportation factors with the transportation office during the planning, solicitation, and award phases of the acquisition process (see 47.105).
( b ) To the extent feasible, activities shall schedule deliveries to effect savings in transportation costs, and concomitant reductions in energy consumption by carriers (see 47.305-7 and 47.305-8 for specific possibilities).
#### In the Matter of Bernard Rosenman, an Attorney, Respondent. Association of the Bar of the City of New York, Petitioner.

First Department,

March 16, 1965.

*550
      *John G. Bonomi (Lawrence H. Bernstein*with him on the brief), attorney for petitioner.

*Emmet L. Holbrook*for respondent.

*Per Curiam.*

Respondent, who was admitted to the Bar in the Second Department in March, 1931, was charged with having violated the terms of an escrow agreement by releasing the funds to his client without authority. Respondent admitted the failure to turn over the funds to their rightful owner when called upon to do so. The Referee, who heard the evidence, found that respondent intended no fraud or deceit, but was actuated by the thought that he was facilitating a deal for a charitable organization, which had contracted to purchase certain real property; and that he could rely on the trustworthiness of his client of long standing. Full restitution was made before the hearing was commenced before the Referee.

It appears that in 1947, respondent was admonished by the Grievance Committee in regard to an improper release of escrow funds of $350.

The misconduct charged has been admitted.

Respondent has unquestionably suffered intensely as a consequence of his impermissible and improper release of the escrow money to his client. However, considering all of the circumstances, including the repayment of the full amount of $5,000, respondent’s frankness, his obvious realization and regret for his misconduct, the state of his health, and other mitigating factors, it is our judgment that a censure would be sufficient punishment.

Botein, P. J., Breitel, Rabin, Yalente and Eager, JJ., concur.

Respondent censured.
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Featured Grant OpportunityFY 2024 Research on School-Based Hate Crimes (Funding Opportunity)

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## Breadcrumb

            -  Announcements 
            -           Resource: Prevention Matters Multimedia Gallery      

# Resource: Prevention Matters Multimedia Gallery

These videos present a series of conversations that highlight the value of family-focused child abuse prevention programs. These videos offer testimony from parents on why easy and equitable access to prevention resources matters. **Learn more.**
#### 519.870 Direct 8(a) contracting.
Exhibit 32**CERTIFICATION PURSUANT TO**18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
     In connection with the Chesapeake Corporation Quarterly Report on Form 10-Q for the period ended October 1, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge: 
(1)
The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and 
(2)
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Chesapeake Corporation.  
/s/ Andrew J. Kohut 
Date:  November 9, 2006
Andrew J. Kohut 
President & Chief Executive Officer 
(Principal Executive Officer)           
/s/ Joel K. Mostrom 
Date:  November 9, 2006
Joel K. Mostrom 
Senior Vice President & Chief Financial Officer 
(Principal Financial Officer)                
A signed original of this written statement required by Section 906 has been provided to Chesapeake Corporation and will be retained by Chesapeake Corporation and furnished to the Securities and Exchange Commission or its staff upon request.     ******
**Title III Part B**

**Historically Black Colleges And Universities (HBCU) Program**

**FY 2013 Regular Awards**
#### 552.211-91 Vehicle Decals, Stickers, and Data Plates.

As prescribed in 511.204(b)(10), insert the following clause:

# Vehicle Decals, Stickers, and Data Plates (JAN 2010)

Unless otherwise specified, caution plates/decals shall be conspicuously installed for all equipment requiring such notices. Vehicles for civil agencies shall be provided with the manufacturer's current warranty legend imprinted on decalcomania, and applied in a visible area of the engine compartment. In addition, a decal or sticker shall provide at least the following information: contract number; purchase order number; date of delivery, month and year; and the warranty time, in month and miles.

(End of clause)

[74 FR 66255, Dec. 15, 2009, as amended at 86 FR 55523, Oct. 6, 2021]
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA
F OURTH D ISTRICT

ANDREW MORGAN , Appellant,

v.

STATE OF FLORIDA , Appellee

.

No. 4D 18

- 2517

[ November 1, 2018 ]

Appeal of order denying rule 3.801 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; John S. Kastrenakes

, Judge; L.T. Case No s

. 502016CF011708A, 502017CF003124A and 502016CF011832A

.
Andrew Morgan, Doral, pro se.

No appearance required for appellee.

P ER C URIAM

.
Affirmed.

D AMOORGIAN , C IKLIN and L EVINE , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### 424.104 Contract clauses.

When applicable, the contracting officer shall insert the clause at 452.224-70, Confidentiality of Information, in contracts involving confidential information.
50.102-1 Delegation of authority. An agency head may delegate in writing authority under Pub. L. 85-804 and E.O. 10789, subject to the following limitations: ( a ) Authority delegated shall be to a level high enough to ensure uniformity of action.
( b ) Authority to approve requests to obligate the Government in excess of $75,000 may not be delegated below the secretarial level.
( c ) Regardless of dollar amount, authority to approve any amendment without consideration that increases the contract price or unit price may not be delegated below the secretarial level, except in extraordinary cases or classes of cases when the agency head finds that special circumstances clearly justify such delegation.
( d ) Regardless of dollar amount, authority to indemnify against unusually hazardous or nuclear risks, including extension of such indemnification to subcontracts, shall be exercised only by the Secretary or Administrator of the agency concerned, the Public Printer, or the Chairman of the Board of Directors of the Tennessee Valley Authority (see 50.104-3).
[72 FR 63030, Nov. 7, 2007, as amended at 75 FR 53134, Aug. 30, 2010; 80 FR 38299, July 2, 2015; 85 FR 62489, Oct. 2, 2020]
IA 

118TH CONGRESS 

2D SESSION H. J. RES. 214 

Providing for congressional disapproval under chapter 8 of title 5, United 

States Code, of the rule submitted by the United States Fish and 

Wildlife Service relating to ‘‘Migratory Bird Hunting; Final 2024–25 

Frameworks for Migratory Bird Hunting Regulations’’. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 18, 2024 

Mr. PALMER submitted the following joint resolution; which was referred to 

the Committee on Natural Resources 

JOINT RESOLUTION 

Providing for congressional disapproval under chapter 8 of 

title 5, United States Code, of the rule submitted by 

the United States Fish and Wildlife Service relating to 

‘‘Migratory Bird Hunting; Final 2024–25 Frameworks 

for Migratory Bird Hunting Regulations’’. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That Congress disapproves the rule submitted by the 

4 United States Fish and Wildlife Service relating to ‘‘Mi5 gratory Bird Hunting; Final 2024–25 Frameworks for 

6 Migratory Bird Hunting Regulations’’ (89 Fed. Reg. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HJ 214 IH 

1 68500; published August 26, 2024), and such rule shall 

2 have no force or effect. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
#### 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

As prescribed in 36.509, insert the following clause:

# Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

(End of clause)

[48 FR 42478, Sept. 19, 1983, as amended at 60 FR 34761, July 3, 1995]