alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-40774

Conference Calendar

 

MARION BOOTH HOLMESLY, JR.,

Petitioner-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, 

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, 

INSTITUTIONAL DIVISION,

Respondent-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. G-97-CV-564

- - - - - - - - - -

June 16, 1999

Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM:*

Marion Booth Holmesly, Jr., Texas prisoner #498018, filed

the instant application for habeas corpus relief pursuant to 28

U.S.C. § 2254. The district court dismissed the application as

time-barred under 28 U.S.C. § 2244(d) because the instant

application was filed more than one year after Holmesly’s

conviction became final, but granted a certificate of

appealability regarding whether this case warrants equitable 
No. 98-40774

-2-

tolling of the limitations period. Holmesly argues that his

retained appellate counsel failed to file a motion for rehearing

and a petition for discretionary review in state court, as he had

instructed him to do, and that Holmesly had filed the instant

application as soon as he became aware of his counsel’s failure

to file.

In Davis v. Johnson, 158 F.3d 806, 810-11 (5th Cir. 1998),

cert. denied, 119 S. Ct. 1474 (1999), this court held that the

principle of equitable tolling applied to § 2244(d)’s limitations

period. Equitable tolling is available only “in rare and

exceptional circumstances.” Id. at 811. Holmesly’s counsel’s

alleged failure to file and Holmesly’s apparent failure to keep

himself apprised of the status of his case fail to meet this

standard. See Irwin v. Department of Veterans Affairs, 498 U.S.

89, 96 (1990)(“principles of equitable tolling . . . do not

extend to what is at best a garden variety claim of excusable

neglect.”); Baldwin County Welcome Ctr. v. Brown, 466 U.S. 147,

151 (1984)(“One who fails to act diligently cannot invoke

equitable principles to excuse that lack of diligence.”).

Accordingly, the district court’s judgment is AFFIRMED.
#### Esther Auerbach, Appellant, v Frank Auerbach, Respondent.

Order, Family Court, Bronx County, entered March 31, 1977, which denied the petition for a modification to increase the obligation of the respondent husband for support, unanimously reversed, on the law and the facts and in the exercise of discretion, to grant the petition and to increase the support obligation to $75 per week, without costs or disbursements. An order of support, pursuant to the Family Court Act, was entered in 1967 for the payment to petitioner of $50 per week, and the payments have been made to date. At that time, the respondent husband had a gross income of $6,500 per year. At this time, his gross income is $18,000. There is one daughter who is emancipated. The petitioner has bank accounts in her name in the amount of some $29,000, which she claims to be holding, in essence, for her daughter. The court awarded temporary support in the amount of $75 per week, but after trial determined that an upward modification from the $50 per week originally provided was not warranted. We believe that under all of the facts and circumstances presented, support in the amount of $75 per week would be proper. Concur — Kupferman, J. P., Birns, Sandler, Lane and Silverman, JJ.
509.407-3 Procedures. ( a ) *General.* The procedures in 509.406-3 apply to suspension actions except as noted in paragraph (b) of this section.
( b ) *Fact-finding.* ( 1 ) Fact-finding will not be conducted in an action: ( i ) Based on an indictment.
( ii ) When the Suspension and Debarment Official finds no genuine dispute of material facts.
( 2 ) If the action is not based on an indictment, the Suspension and Debarment Official must coordinate with the Department of Justice or state prosecutorial authority through OIG. Based on the advice received, the Suspension and Debarment Official will determine if fact-finding would impair substantial interests of the Federal or state Government. In an action not based on an indictment, a suspended party may: ( i ) Identify to the Suspension and Debarment Official material facts in dispute and the bases.
( ii ) Request review and a written finding by a fact-finding official to resolve genuine disputes of material fact. For procedures involving a genuine dispute of material fact, see 509.406-3(d)(3).
[64 FR 37207, July 9, 1999, as amended at 74 FR 12733, Mar. 25, 2009]
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## Breadcrumb

            -  Announcements 
            -           Resource: Psychiatric Diagnoses in Youth and Young Adults Video      

# Resource: Psychiatric Diagnoses in Youth and Young Adults Video

This video provides an overview of psychiatric diagnoses in youth and young adults, including symptoms of various mental disorders, treatment options, and support services, as well as links to SAMHSA’s related educational materials for caregivers and young adults. **Learn more.**
#### UNITED STATES of America, Plaintiff-Appellee v. Guadalupe SOTO-CERVANTES, also known as Jose Morales Estrada, Defendant-Appellant.

No. 08-50020

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

June 4, 2008.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Federal Public Defender’s Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Before KING, HIGGINBOTHAM, and SOUTHWICK, Circuit Judges.

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Guadalupe Soto-Cervantes raises arguments that are foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. *United States v. Pineda-Arrellano,*492 F.3d 624, 625 (5th Cir.2007), *cert. denied,*—— U.S.-, 128 S.Ct. 872, 169 L.Ed.2d 737 (2008). The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

*

 Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
UNITED STATES DEPARTMENT OF THE INTERIOR
GEOLOGICAL SURVEY

BULLETIN 1024 PLATE 5
La)
Bel a 2eoo, .
fg Ste a ~ Concealed —_
aah 5R ~ 2 570) 7 =
Bo 3 CF = -
3 De \ ae jeorm =) Te with Tand Ts —
ag 1a) AG30 fy o>, SC) WING DAM AND SLUICE BOXES NS mgs
ae eis 1900. W S \ ie Concealed by 7
4, 4, ene bedrat
lea? a0 47 <
rte comp 63, Yoo acte * | ° SAN XE RAW
8
© ryt L-Gat bank 2 VRE
‘00! = 1200.
~~ Gheechak Gules SECTION B-B’ SECTION C-C
zor)
;
ae vert) | 720
1 P Oe i) p'%4 0 “Limit of excavation Traverae St
raverse 7-2 et: ae Q Background
7 easy M counts per minute
a85
High cut bank en : O8 a
ce Q
se 2000's
n Ee ae ARRAY ee «ide oO
i a .
q Excavation — € ae BRAN
a hg 18 ay Be
a E CE SA\
‘308
¢ ‘
HB f eoo'|__ Concealed below this li ae
Ry pL tnacron TRAIL SECTION A-A’
J 8
4 Cut bank
iQhON, Bat ee
. aR
x oS
FO, ;
oar oe
“y
4 Traverses 7-l and 7-2
1 Backgre
nee idteciete per tite
es 2 100 0
\\
H
nd
oe
Nigh cut bank

Background

Traverse II-1
| !2counts per minute

100 0

F
Z
4
$9 0) Traverse 8-2
Background
\Beounts per minute
N\ 100 0 500 Feet

2

go a. att
a ae PE Limit of workings

WINGoAM
‘Sluice boxes

Traverse 8-1
Background
age 13 counts per minute
“a 1000 500 Feet
\
ru)
Ps ga)
c ge

2207

aso]

2100

2050+

2000.

,
if @ 270) Ey
s70 ax j
XN 7" si 38 toy Peer es
a tay’
<< hime oni, 19
i aa =
Cy ee 5°
ees Tes *
Scotty 2, # 7
SS ae
* v
SS 193 o
Traverse 7-3
Background
vacauntalger naruite
50 oO 100Feet

Quaternary
glacio-Fluvial gravel

Weathered contorted
Mesozoic slate and
graywacke

Le

Gray clay
:

SECTION A-A‘

INDEX TO TRAVERSES

‘5000 ° 10.000 Feet
peas ee ey

EXPLANATION

ee eee
‘Approvimate contact, showing dip
°
Rough screened sample
‘8F Sample number; letter indicates age
‘and lithology of materials tested
8 bp spishalisels ete Shel

cone sa

(1) ind ieicates lament tom mean th. ana
aie ie acm oeael.

fe}

acces aie
ior Gere number; letter indicates
rah cay ot ne
000 “4,47 mesh }Sizesraction

cai aie page

= 262 8 cunt feet }Gravty concentrates of gravel
007 27 cubic feet |

Explanation of letter symbols

W. tailings; R, Recent flood-piain gravel; Rs, Recent flood:plain sand;
9 qusterary bench gavel. Late Tertian gravel Ts, Late
Teriary sand: Tc, Late Tertiany cay;

TRAVERSES ON

THUNDER CREEK AND PART OF CACHE CREEK, YENTNA

DISTRICT, ALASKA

GD,Robinson and Helmuth Wedow,Jr 1945

326900 © - 55 (In pocket) No. 5
#### 552.211-13 Time Extensions.

As prescribed in 511.503b, insert the following clause:

# Time Extensions (MAR 2019)

FAR 52.211-13, Time Extensions, is supplemented as follows:

(a) If the Contractor requests an extension of the time for substantial completion, the Contractor shall base its request on an analysis of time impact using the project schedule as its baseline, and shall propose as a new substantial completion date to account for the impact. The Contractor shall submit a written request to the Contracting Officer setting forth facts and analysis in sufficient detail to enable the Contracting Officer to evaluate the Contractor's entitlement to an extension of time.

(b) The Contractor shall only be entitled to an extension of time to the extent that—

(1) Substantial completion of the work is delayed by causes for which the Contractor is not responsible under this contract; and

(2) The actual or projected substantial completion date is later than the date required by this contract for substantial completion.

(c) The Contractor shall not be entitled to an extension of time if the Contractor has not updated the project schedule in accordance with the contract.

(d) The Government shall not be liable for any costs to mitigate time impacts incurred by the Contractor that occur less than 30 calendar days after the date the Contractor submits a request for extension of time in compliance with this clause.

(End of clause)

[84 FR 3718, Feb. 13, 2019, as amended at 86 FR 55522, Oct. 6, 2021]
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Featured Grant OpportunityRisk and Protective Factors of Family Health and Family Level Interventions (Funding Opportunity)

Featured Grant OpportunityPersonnel Development to Improve Services and Results for Children with Disabilities--Doctoral...

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## Breadcrumb

            -           Family Unification Program (FUP)      

# Family Unification Program (FUP)

U.S. Department of Housing and Urban Development (HUD)

This webpage provides information about HUD’s Family Unification Program, a program in which Housing Choice Vouchers are provided to families for whom the lack of adequate housing is the primary reason for child welfare involvement or youth (18-21) who left foster care after age 16 and lack adequate housing.

Federal programs

Homeless: families

Homeless: youth

Housing

Service providers

Webpage

http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/...
# C_2021274EN.01001801.xml

| 9.7.2021 | EN | Official Journal of the European Union | C 274/18 |
| --- | --- | --- | --- |

9.7.2021

EN

Official Journal of the European Union

C 274/18

---

Euro exchange rates (1)

8 July 2021

(2021/C 274/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1838 |
| JPY | Japanese yen | 129,91 |
| DKK | Danish krone | 7,4366 |
| GBP | Pound sterling | 0,86133 |
| SEK | Swedish krona | 10,1908 |
| CHF | Swiss franc | 1,0851 |
| ISK | Iceland króna | 146,30 |
| NOK | Norwegian krone | 10,4138 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,894 |
| HUF | Hungarian forint | 358,57 |
| PLN | Polish zloty | 4,5504 |
| RON | Romanian leu | 4,9272 |
| TRY | Turkish lira | 10,2904 |
| AUD | Australian dollar | 1,5957 |
| CAD | Canadian dollar | 1,4893 |
| HKD | Hong Kong dollar | 9,1967 |
| NZD | New Zealand dollar | 1,7048 |
| SGD | Singapore dollar | 1,6020 |
| KRW | South Korean won | 1 361,34 |
| ZAR | South African rand | 17,0554 |
| CNY | Chinese yuan renminbi | 7,6832 |
| HRK | Croatian kuna | 7,4913 |
| IDR | Indonesian rupiah | 17 280,56 |
| MYR | Malaysian ringgit | 4,9501 |
| PHP | Philippine peso | 59,347 |
| RUB | Russian rouble | 89,0266 |
| THB | Thai baht | 38,497 |
| BRL | Brazilian real | 6,2463 |
| MXN | Mexican peso | 23,7922 |
| INR | Indian rupee | 88,6073 |

Currency

Exchange rate

USD

US dollar

1,1838

JPY

Japanese yen

129,91

DKK

Danish krone

7,4366

GBP

Pound sterling

0,86133

SEK

Swedish krona

10,1908

CHF

Swiss franc

1,0851

ISK

Iceland króna

146,30

NOK

Norwegian krone

10,4138

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,894

HUF

Hungarian forint

358,57

PLN

Polish zloty

4,5504

RON

Romanian leu

4,9272

TRY

Turkish lira

10,2904

AUD

Australian dollar

1,5957

CAD

Canadian dollar

1,4893

HKD

Hong Kong dollar

9,1967

NZD

New Zealand dollar

1,7048

SGD

Singapore dollar

1,6020

KRW

South Korean won

1 361,34

ZAR

South African rand

17,0554

CNY

Chinese yuan renminbi

7,6832

HRK

Croatian kuna

7,4913

IDR

Indonesian rupiah

17 280,56

MYR

Malaysian ringgit

4,9501

PHP

Philippine peso

59,347

RUB

Russian rouble

89,0266

THB

Thai baht

38,497

BRL

Brazilian real

6,2463

MXN

Mexican peso

23,7922

INR

Indian rupee

88,6073

---

(1)  Source: reference exchange rate published by the ECB.

---
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## Breadcrumb

            -           A Better Bargain for the Middle Class: Making College More Affordable      

# A Better Bargain for the Middle Class: Making College More Affordable

This fact sheet outlines President Obama’s new plan to increase college affordability. Facets of the plan include creating a new ratings system that measures college performance and value; eliminating barriers to competition and innovation, particularly in the use of new technology; and helping student borrowers struggling with their existing debt by capping loan payments at 10 percent of income and directing ED to reach out to students struggling with their loans to make sure they understand their options. 

http://www.whitehouse.gov/the-press-office/2013/08/22/fact-sheet-president-s-plan-make-college-more-affordable-better-bargain-
#### 252.235-7011 Final scientific or technical report.

As prescribed in 235.072(d), use the following clause:

# Final Scientific or Technical Report (DEC 2019)

The Contractor shall—

(a) Submit an electronic copy of the approved final scientific or technical report, not a summary, delivered under this contract to the Defense Technical Information Center (DTIC) through the web-based input system at *https://discover.dtic.mil/submit-documents/* as required by DoD Instruction 3200.12, DoD Scientific and Technical Information Program (STIP). Include a completed Standard Form (SF) 298, Report Documentation Page, in the document, or complete the web-based SF 298.

(b) For instructions on submitting multi-media reports, follow the instructions at *https://discover.dtic.mil/submit-documents/*.

(c) Email classified reports (up to Secret) to *dtic.belvoir.da.mbx.tr@mail.smil.mil*. If a SIPRNET email capability is not available, follow the classified submission instructions at *https://discover.dtic.mil/submit-documents/*.

(End of clause)

[80 FR 4806, Jan. 29, 2015, as amended at 84 FR 72563, Dec. 31, 2019]
Exhibit







Exhibit 10.36






July 29, 2016
Steven Pohl




Dear Steven,


Your contributions to Novelis are very important.  In recognition of this, the Company has put in place an enhancement to the FY2017 Long-Term Incentive Plan (LTIP), known as the “Bridge Award”. The Bridge Award is intended to encourage you to remain with Novelis by supplementing you with a cash incentive while the new Novelis Performance Unit component of the FY2017 LTIP matures. The Bridge Award is in addition to your other compensation such as your base salary, annual bonus opportunity and long-term incentive opportunity.


You will receive three payments for the FY2017 Bridge Award in the total amount of $ 75,000.


First Payment in December 2016        $ 22,500
Second Payment in December 2017        $ 22,500
Third Payment in December 2018        $ 30,000
 
Because this opportunity is designed to enhance our LTIP as a retention incentive, in the event that you voluntarily terminate your employment prior to December 31, 2019, or are terminated for cause, you will be required to repay the gross amount of any payments made under the Bridge plan in the previous 12 months  and you will not be entitled to any other payments thereafter. If you are terminated involuntarily without cause, any unpaid cash installments will be immediately cancelled, but you will not be required to repay any cash payments you have received.


Your acceptance of any payments under this award shall constitute your acceptance of the terms and conditions set forth above.


I am very pleased that we are able to offer you this opportunity and I look forward to your continued support as a key member of the team as we focus on building an even more successful Novelis.


Regards,

Steve Fisher
  President and Chief Executive Officer 
  Novelis Inc.
#### 53.251 Contractor use of Government supply sources (OF 347).

*OF 347, Order for Supplies or Services.* OF 347, prescribed in 53.213(f), may be used by contractors when requisitioning from the VA, as specified in 51.102(e)(3)(ii).

[48 FR 42637, Sept. 19, 1983, as amended at 61 FR 39199, July 26, 1996]
Exhibit 32



CERTIFICATION OF PERIODIC REPORT OF
PRINCIPAL EXECUTIVE OFFICER 
AND OF
PRINCIPAL FINANCIAL OFFICER 
OF



CENTRAL MAINE POWER COMPANY



PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



We, Sara J. Burns, President, and Curtis I. Call, Vice President, Controller and Treasurer, of Central Maine Power Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) Central Maine Power Company's Quarterly Report on Form 10-Q for the quarter ended September 30, 2003 (the "Report"), fully complies with the requirements of Section 13(a) or Section 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 Central Maine Power Company.

Dated: November 12, 2003

/s/Sara J. Burns                                            Sara J. Burns
         President



/s/Curtis I. Call                                    
        Curtis I. Call
         Vice President, Controller
         & Treasurer