alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Kenneth BELL; Cleophus Mack, Appellants, v. State of MISSOURI, Appellee.

No. 07-2089.

United States Court of Appeals, Eighth Circuit.

Submitted: Oct. 31, 2007.

Filed: Nov. 5, 2007.

Kenneth Bell, Charleston, MO, pro se.

Cleophus Mack, Charleston, MO, pro se.

Before BYE, RILEY, and MELLOY, Circuit Judges.

[UNPUBLISHED]

PER CURIAM.

Missouri prisoners Kenneth Bell and Cleophus Mack appeal the district court’s1 28 U.S.C. § 1915A(b) preservice dismissal of them complaint. Upon de novo review, *Cooper v. Schriro,*189 F.3d 781, 783 (8th Cir.1999) (per curiam) (standard of review), we conclude dismissal was proper because the five-year limitations period had expired. *See*Mo.Rev.Stat. § 516.120(4); *Wallace v. Kato,*—U.S.-, 127 S.Ct. 1091, 1094, 166 L.Ed.2d 973 (2007) (holding § 1983 actions are characterized as personal-injury actions for purposes of determining which state statute of limitations to apply). However, we modify the judgment to be with prejudice, *see Botten v. Shorma,*440 F.3d 979, 980-81 (8th Cir.2006) (affirming dismissal of plaintiffs complaint with prejudice on statute of limitations grounds), and we affirm the judgment as modified. *See*8th Cir. R. 47B.

1

. The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri.
#### Charles H. Koos et al., on Behalf of Themselves and in Their Own Right and in Behalf and for the Benefit of All Other Stockholders of American-Hawaiian Steamship Company, Respondents, v. D. K. Ludwig et al., Defendants, and American-Hawaiian Steamship Company, Appellant.

Order, entered November 20, 1962, so far as appealed from, unanimously modified, on the law, to dismiss the second cause of action, and otherwise affirmed, with $30 costs and disbursements to defendant-appellant. The alleged fraud of the defendant and the alleged violations of the Investment Advisers Act of 1940 (U. S, Code, tit. 15, § 80a-l *et seq.)*do not establish the basis for the maintenance by plaintiffs of a representative or class action on behalf of all other stockholders who may have sold their shares to the defendant company pursuant to its invitation, for tender of shares. (See CPLR 1005; *Brenner*v. *Title Guar. & Trust Co.,*276 N. Y. 230; *Society Milion Athena v. National Bank of Greece,*281 N. Y. 282; cf. *Onofrio*v. *Playboy Club of N. Y.,*20 A D 2d 3.) Furthermore, it does not appear from the allegations of the complaint that the plaintiffs individually and others who have tendered and sold their shares have a cause of action for violation of said act independent of an alleged cause of action in fraud. Because, however, violations of the act, if any, may have a relevancy to plaintiffs’ first cause of action, pleaded individually and grounded in fraud, we affirm that part of the *667order appealed from which denied in part defendant’s motion addressed to the allegations in such cause of action referring to certain sections of the act. The defendant did not move to dismiss said first cause, in its entirety, as pleaded, and nearly two years have elapsed since the entry of the order appealed from. In the meantime, the cause of action has been amended in certain respects, and the effect of this appeal now is merely to single out and attack certain allegations therein. The CPLR contains no provision for attacking and striking out particular allegations of a single cause of action, unless they are scandalous or prejudicial (3 Weinstein-Kom-Miller, N. Y. Civ. Prac., § 3024.10). The defendant should not be allowed to do indirectly what it may not do directly. Further delay at the pleading stage should be avoided, and defendant should answer and, if the action has no merit, move for summary judgment. Concur - McNally, J. P., Stevens, Eager, Steuer and Staley, JJ.
#### 352.204-70 Prevention and Public Health Fund—Reporting Requirements.

As prescribed in HHSAR 304.7201, insert the following clause:

# Prevention and Public Health Fund—Reporting Requirements (DEC 2015)

(a) Pursuant to public law this contract requires the contractor to provide products or services or both that are funded from the Prevention and Public Health Fund (PPHF), Public Law 111-148, sec. 4002. Section 220(b)(5) requires each contractor to report on its use of these funds under this contract. These reports will be made available to the public.

(b) Semi-annual reports from the Contractor for all work funded, in whole or in part, by the PPHF, are due no later than 20 days following the end of each 6-month period. The 6-month reporting periods are January through June and July through December. The first report is due no later than 20 days after the end of the 6-month period following contract award. Subsequent reports are due no later than 20 days after the end of each reporting period. If applicable, the Contractor shall submit its final report for the remainder of the contract period no later than 20 days after the end of the reporting period in which the contract ended.

(c) The Contractor shall provide the following information in an electronic and Section 508 compliant format to the Contracting Officer.

(1) The Government contract and order number, as applicable.

(2) The amount of PPHF funds invoiced by the contractor for the reporting period and the cumulative amount invoiced for the contract or order.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in the reporting period.

(4) Program or project title, if any.

(5) The Contractor shall report any subcontract funded in whole or in part with PPHF funding, that is valued at $25,000 or more. The Contractor shall advise the subcontractor that the information will be made available to the public. The Contractor shall report:

(i) Name and address of the subcontractor.

(ii) Amount of the subcontract award.

(iii) Date of the subcontract award.

(iv) A description of the products or services (including construction) being provided under the subcontract.

(End of clause)
#### UNITED STATES of America, Appellee, v. Terrance GREEN, Appellant.

No. 06-2450.

United States Court of Appeals, Eighth Circuit.

Submitted: Oct. 25, 2007.

Filed: Nov. 7, 2007.

*609Thomas Joseph Mehan, U.S. Attorney’s Office, St. Louis, MO, for Appellee.

Brian S. Witherspoon, Federal Public Defender’s Office, St. Louis, MO, for Appellant.

Terrance Green, St. Louis, MO, pro se.

Before MURPHY, SMITH and SHEPHERD, Circuit Judges.

[UNPUBLISHED]

PER CURIAM.

A jury found Terrance Green guilty of possessing with intent to distribute more than 5 grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1), and the district court1 sentenced him to 120 months in prison and 8 years of supervised release, the statutory minimum in light of Green’s prior felony drug conviction. *See*21 U.S.C. § 841(b)(l)(B)(iii). Green appeals, challenging the sufficiency of the evidence in a brief filed under *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). For the reasons that follow, we affirm.

Viewed in the light most favorable to the verdict, *see United States v. Cuevas-Arrendondo,*469 F.3d 712, 715 (8th Cir.2006), we conclude that the evidence amply supported Green’s conviction. In part, the government presented testimony that cocaine base weighing about 15 grams, more than a personal-use quantity, was found in the pocket of a pair of pants in a closet at Green’s residence. A picture of Green wearing those same pants was also found in the residence, along with plastic bags and latex gloves, but no pipes or devices used to smoke or ingest crack cocaine; and Green acknowledged that $5,500 in cash found in the closet with the pants belonged to him. *Cf. United States v. Bell, 477*F.3d 607, 613 (8th Cir.2007) (evidence sufficient to prove possession with intent to distribute where officers found about 7 grams of crack cocaine, which testimony indicated was greater than personal-use amount, in pants pocket in room in which defendant was found unclothed; where there was no indicia of personal use of crack cocaine, such as pipes; and where defendant admitted crack was his).

Having reviewed the record independently under *Penson v. Ohio,*488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no non-frivolous issues for appeal. Accordingly, we affirm the judgment of the district court. We grant counsel leave to withdraw, but direct counsel to provide Green with a copy of the record as appropriate. Green’s pending motions are denied.

1

. The Honorable Catherine D. Perry, United States District Judge for the Eastern District of Missouri.
# ENV I RONMENTAL ANALYSIS James E. McMahon (JEMcMahon@LBL.gov) Ernest Orlando Lawrence Berkeley National Laboratory 

### U.S. DO E Workshop on Standards for Residential Furnaces and Boilers

July 17, 2001E nvi ronme nt a l An a lys i s:



# PURPOSE and METHOD



# • PURPOSE - estimate impacts from new energy efficiency standards 

# • METHOD - NEMS-BRS model - additional calculation of in-house emissions by spreadsheet, consistent with National Energy Savings
34Envi r o nm e nt a l A n a lys i s: 

# OUTPUT

• Impacts from new energy efficiency standards on -quantities of U.S. emissions of carbon dioxide (C02) and nitrogen oxides (NOx) from • energy supply systems in- 

## h ouse em is 

### s i 

### ons 

## - trading price of SO2

35Env ir o nment al An a lys i s:



# DOE Requests Input from Stakeholders

• Are there any other environmental factors the Department should consider? 

# • If so, what additional analytical methods are appropriate for addressing them?
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# OJJDP’s Model Programs Guide Adds Three Literature Reviews

OJJDP's Model Programs Guide, an online resource of evidence-based juvenile justice and youth prevention, intervention, and reentry programs, added three new literature reviews that address:
                  - Alcohol and Drug Prevention Treatment/Therapy
                  - Implementation Science
                  - Status Offenders

http://www.ojjdp.gov/mpg/?utm_source=youth.gov&utm_medium=federal%20links&utm_campaign=reports-and-resources
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## Breadcrumb

            -           Too Smart to Start      

# Too Smart to Start

Too Smart to Start is a public education initiative that provides research-based strategies and materials to professionals and volunteers at the community level to help implement an underage alcohol use prevention program. The goal of TSTS is to decrease the risk of underage alcohol use by increasing the knowledge and skills of 9-13 year-olds and their parents and caregivers so they can positively address underage alcohol use issues.

http://www.toosmarttostart.samhsa.gov
**Exhibit 23.1**

 

**CONSENT OFINDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

Weconsent to the incorporation by reference in the Registration Statements (FormS-3 Nos. 333-66269, 333-87038, 333-104954, 333-110158 and 333-124779 and FormS-8 Nos. 333-59164, 333-19465, 333-06771, 333-06765, 333-88544 and 333-116662)of Cypress Bioscience, Inc. and in the related Prospectuses of our reportsdated March 3, 2006 with respect to: (1) the financial statements ofCypress Bioscience, Inc., and (2) Cypress Bioscience, Inc.management’s assessment of the effectiveness of internal control over financialreporting, and the effectiveness of internal control over financial reportingof Cypress Bioscience, Inc., included in this Annual Report(Form 10-K) for the year ended December 31, 2005.

 
|                   | /s/  Ernst & Young LLP |   |
|------------------------|---------------------------------|--------|
|                   |                            |
| San  Diego, California |                            |
| March  10, 2006        |                            |

 

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

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## Breadcrumb

            -           Preventing and Reducing Teen Tobacco Use      

# Preventing and Reducing Teen Tobacco Use

OAH has updated its information on teen tobacco use to include new data and resources, including information about e-cigarettes. This page provides information on:
                  - 		The health impact of teen tobacco use
                  - 		Trends in use
                  - 		Risk and protective factors that impact a teen’s likelihood of starting or stopping smoking
                  - 		Federal, state, and community strategies and approaches to preventing and reducing teen tobacco use
                  - 		Tips for parents on communicating with their teen about smoking
                  - 		Additional resources on adolescent tobacco use and services to help users quit

http://www.hhs.gov/ash/oah/adolescent-health-topics/substance-abuse/tobacco/index.html?utm_source=FindYouthInfo.gov&utm_medium=Federal-Links&utm_campaign=Reports-and-Resources
6.202 Establishing or maintaining alternative sources. ( a ) Agencies may exclude a particular source from a contract action in order to establish or maintain an alternative source or sources for the supplies or services being acquired if the agency head determines that to do so would— ( 1 ) Increase or maintain competition and likely result in reduced overall costs for the acquisition, or for any anticipated acquisition;
( 2 ) Be in the interest of national defense in having a facility (or a producer, manufacturer, or other supplier) available for furnishing the supplies or services in case of a national emergency or industrial mobilization;
( 3 ) Be in the interest of national defense in establishing or maintaining an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center;
( 4 ) Ensure the continuous availability of a reliable source of supplies or services;
( 5 ) Satisfy projected needs based on a history of high demand; or
( 6 ) Satisfy a critical need for medical, safety, or emergency supplies.
( b ) ( 1 ) Every proposed contract action under the authority of paragraph (a) of this section shall be supported by a determination and findings (D&F) (see subpart 1.7) signed by the head of the agency or designee. This D&F shall not be made on a class basis.
( 2 ) Technical and requirements personnel are responsible for providing all necessary data to support their recommendation to exclude a particular source.
( 3 ) When the authority in (a)(1) of this section is cited, the findings shall include a description of the estimated reduction in overall costs and how the estimate was derived.
[50 FR 1729, Jan. 11, 1985, as amended at 60 FR 42653, Aug. 16, 1995; 84 FR 19842, May 6, 2019]
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Home                 > Browse by Title > To Amend the Federal Reserve Act

              																	United States. Congress. House. Committee on Banking, Currency and Housing. Subcommittee on Domestic Monetary Policy, 1975-1977					,	Mosso, David					 and 	Ninety-Fourth Congress, 1975-1977. 						*To Amend the Federal Reserve Act : Hearing Before the Subcommittee on Domestic Monetary Policy of the Committee on Banking, Currency and Housing, House of Representatives, Ninety-Fourth Congress, Second Session, on H.R. 14848, September 22, 1976*,												Washington: 								U.S. Government Printing Office, 										September 22, 1976,									https://fraser.stlouisfed.org/title/375,			accessed on September 23, 2024.						    

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## Breadcrumb

            -           Report: Exploring Cross-Domain Instability in Families with Children      

# Report: Exploring Cross-Domain Instability in Families with Children

This brief examines different types of instability among children and families, using data on employment, income, moves, and changes in family and household composition. The brief shows significant differences in the prevalence of instability for children by household education level. 

http://aspe.hhs.gov/pdf-report/exploring-cross-domain-instability-families-children?utm_source=Youth.gov&utm_medium=federal-links&utm_campaign=Report