alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### George W. DAVIS, III, Petitioner-Appellant, v. Gene M. JOHNSON, Director, Virginia Department of Corrections, Respondent—Appellee.

No. 07-6567.

United States Court of Appeals, Fourth Circuit.

Submitted: Oct. 24, 2007.

Decided: Nov. 14, 2007.

George W. Davis, III, Appellant Pro Se. Michael Thomas Judge, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

.Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

George W. Davis, III, seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue *292absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. *Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee, 252*F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Davis has not made the requisite showing. 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 aid the decisional process.

*DISMISSED.*
#### 752.242-70 Periodic progress reports.

As prescribed in (48 CFR) AIDAR 742.1170-4(c), insert the following clause in contracts for which periodic progress reports are required from the contractor. The term “contract” shall be interpreted as “task order” or “delivery order” when this clause is used in an indefinite-delivery contract.

# Periodic Progress Reports (OCT 2007)

(a) The contractor shall prepare and submit progress reports as specified in the contract schedule. These reports are separate from the interim and final performance evaluation reports prepared by USAID in accordance with (48 CFR) FAR 42.15 and internal Agency procedures, but they may be used by USAID personnel or their authorized representatives when evaluating the contractor's performance.

(b) During any delay in furnishing a progress report required under this contract, the contracting officer may withhold from payment an amount not to exceed US$25,000 (or local currency equivalent) or 5 percent of the amount of this contract, whichever is less, until such time as the contractor submits the report or the contracting officer determines that the delay no longer has a detrimental effect on the Government's ability to monitor the contractor's progress.

(End of clause)

[72 FR 53164, Sept. 18, 2007, as amended at 79 FR 74988, 75000, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024]
#### Norman B. OPPENHEIMER, as custodian for Barbara Ann Oppenheimer, et al., Plaintiffs-Appellants, v. Harold BERNSTEIN et al., Defendants-Appellees.

No. 543, Docket 74-2223.

United States Court of Appeals, Second Circuit.

Argued March 5, 1975.

Decided March 26, 1975.

Bernard Ulano, New York City, for plaintiffs-appellants.

Mortimer Tover, pro se.

Before FRIENDLY and MANSFIELD, Circuit Judges, and BARTELS, District Judge.*

*

 Of the United States District Court for the Eastern District of New York, sitting by designation.

PER CURIAM:

Upon this appeal from an order of the Southern District of New York, Charles M. Metzner, *Judge,*dismissing the complaint for lack of jurisdiction, counsel for both sides advised the Court at argument that the action remained pending in the district court against certain of the defendants. Accordingly we directed that the appeal be dismissed pursuant to Rule 54(b), F.R.Civ.P., since the order did not terminate, the action as to all parties. Following the argument we were informed by the clerk of the district court that the information received by us from counsel was erroneous and that on August 9, 1974, the action was dismissed as to all parties. Thereupon counsel were advised that the dismissal was vacated and the appeal would be considered by us on the merits.

Turning to the merits, although the complaint purports to assert a cause of action under § 17(a) of the Securities Act of 1933, 15 U.S.C. § 77q(a), and § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), it alleges simply a breach of contract for the purchase of shares of stock coupled with the claim that in order to prevent plaintiffs from enforcing their claim for damages Hancock Securities Corp. and its officers fraudulently divested Hancock of its assets. Absent complete diversity of citizenship, federal jurisdiction over the claim does not exist. The order of the district court accordingly is affirmed.
#### 652.219-70 Department of State Subcontracting Goals.

As prescribed in 619.708-70, insert a provision substantially the same as follows:

# Department of State Subcontracting Goals (APR 2004)

(a) The offeror shall provide a Small, Small Disadvantaged, Woman-Owned Small, HUBZone Small, and Service-Disabled Veteran-Owned Small Enterprise Subcontracting Plan that details its approach to selecting and using Small, Small Disadvantaged, Woman-Owned Small, HUBZone Small, and Service-Disabled Veteran-Owned Small Business Enterprises.

(b) For the fiscal year [insert appropriate fiscal year], the Department's subcontracting goals are as follows:

(1) Goal for subcontracting to SB: ________________

(2) Goal for subcontracting to SDB: ________________

(3) Goal for subcontracting to SWB: ________________

(4) Goal for subcontracting to HUBZone Firms: ________________

(5) Goal for subcontracting to SDVO: ________________

(6) Omnibus goals (if applicable): ________________

(i) 10% to minority business

(ii) 10% to small business

(End of provision)

[69 FR 19338, Apr. 13, 2004]
#### Charles Dean HOOD, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

No. 08-70022.

United States Court of Appeals, Fifth Circuit.

June 16, 2008.

Thomas Scott Smith, Smith & Smith, Sherman, TX, for Petitioner-Appellant.

Tornee Morgan Heining, Office of the Attorney General, Postconviction Litigation Div., Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, SMITH, and STEWART, Circuit Judges.

PER CURIAM: *

Charles Hood appeals an order of the district court, entered June 6, 2008, denying his motion for appointment of counsel and his motion for stay of execution. In his merits brief, Hood raises only the following issue: “Does the federal appointment statute, 18 U.S.C. § 3599, provide prisoners sentenced under state law the right to federally appointed and funded counsel to pursue clemency under state law?”

In his brief, Hood “acknowledges that the law of this Circuit has foreclosed the issue.” He is correct that in *Clark v. Johnson,*278 F.3d 459, 462-63 (5th Cir. 2002), this court held that the statute does not apply to state clemency proceedings.

The order of the district court is accordingly AFFIRMED. Hood’s separate motion for stay of execution filed in this court is DENIED.

*

 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.
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## Breadcrumb

            -           YouthPower Learning Webinar: Makerspaces - A Tool for Youth Engagement      

# YouthPower Learning Webinar: Makerspaces - A Tool for Youth Engagement

This webinar discusses how "makerspaces" foster movement, innovation, and creativity designed and maintained by youth. A makerspace is a collaborative workshop that leverages science and technology, along with innovation tools and approaches to spark creativity. Makerspaces can engage youth in meaningful ways through learning and teaching rapid prototyping techniques and empowering them as leaders in open source hardware and software designs.

http://www.youthpower.org/resources/recording-and-resources-youthpower-learning-webinar-makerspaces-tool-youth-engagement?utm_source=youth.gov&utm_medium=federal-links&utm_campaign=reports-and-resources
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## Breadcrumb

            -           Contribution of Excessive Alcohol Consumption to Deaths and Years of Potential Life Lost in the United States      

# Contribution of Excessive Alcohol Consumption to Deaths and Years of Potential Life Lost in the United States

This study aimed to update the national estimates of alcohol-attributable deaths (AAD) and years of potential life lost (YPLL) in the United States. The results show that excessive drinking accounted for 1 in 10 deaths among working-age adults and remains a leading cause of premature mortality nationwide. About 5% of all average annual AAD and 10% of average annual YPLL involved individuals under 21 years of age. 

http://www.cdc.gov/pcd/issues/2014/13_0293.htm?utm_source=FindYouthInfo.gov&utm_medium=Federal%20Links&utm_campaign=Reports-and-Resources
815.370-1 Policy. It is VA policy, if only one offer is received in response to a competitive solicitation, to— ( a ) Take action to promote competition (see 815.370-2); and
( b ) Ensure that the price is fair and reasonable (see 815.370-3) and comply with the statutory requirement for certified cost or pricing data (see FAR 15.403-4).
[84 FR 46452, Sept. 4, 2019]
9.110-3 Policy. ( a ) Except as provided in paragraph (b) of this section, 10 U.S.C. 983 prohibits the covered agency from providing funds by contract to an institution of higher education if the Secretary of Defense determines that the institution has a policy or practice that prohibits or in effect prevents— ( 1 ) The Secretary of a military department from maintaining, establishing, or operating a unit of the Senior Reserve Officer Training Corps (ROTC) at that institution;
( 2 ) A student at that institution from enrolling in a unit of the Senior ROTC at another institution of higher education;
( 3 ) The Secretary of a military department or the Secretary of Homeland Security from gaining access to campuses, or access to students (who are 17 years of age or older) on campuses, for purposes of military recruiting in a manner that is at least equal in quality and scope to the access to campuses and to students that is provided to any other employer; or
( 4 ) Military recruiters from accessing certain information pertaining to students (who are 17 years of age or older) enrolled at that institution: ( i ) Name, address, and telephone listings.
( ii ) Date and place of birth, educational level, academic majors, degrees received, and the most recent educational institution enrolled in by the student.
( b ) The prohibition in paragraph (a) of this section does not apply to an institution of higher education if the Secretary of Defense determines that— ( 1 ) The institution has ceased the policy or practice described in paragraph (a) of this section; or
( 2 ) The institution has a long-standing policy of pacifism based on historical religious affiliation.
[85 FR 67621, Oct. 23, 2020]
EXHIBIT 32.2

                            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 Quarterly Report of Vista Continental Corporation
(the "Company") on Form 10-QSB for the quarter ended December 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Arthur de Joya, CFO, certify, pursuant to 18 U.S.C. ss. 1350, as adopted
pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

     (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 result of operations of
          the Company.


Date: February 17th, 2004.              /s/ Arthur de Joya
                                        ---------------------------
                                        Arthur de Joya
                                        CFO
CONSENT PURSUANT TO SECTION 906 OF THE SARBANES OXLEY ACT

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and in connection
with the Quarterly Report on Form 10-KSB of Registrant for the period ended
December 31, 2002, as filed with the Securities and Exchange Commission on
the date hereof (the "Report"), the undersigned, the Chairman and Chief
Executive Officer and Chief Financial Officer of Registrant, certify that:

	(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
Registrant.


/s/ Willard G. McAndrew, III
Name: Willard G. McAndrew, III
Title:    CEO and President


/s/ Roger N. Wurtele
Name: Roger N. Wurtele
Title: Chief Financial Officer
As of April 15, 2003



































                                  94
**MotorType Notes** 

PSC ECM Shaded-Pole Other PSC+
#### LOUISIANA PIGMENT COMPANY LP, Plaintiff—Appellee v. FOUNDATION SYSTEMS INC, Defendant—Appellant.

No. 07-30366

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Nov. 7, 2007.

William Luther Caughman, III, Kean, Miller, Hawthorne, D’Armond, McCowan & Jarman, Baton Rouge, LA, for PlaintiffAppellee.

Michael M. Caffery, Caffery, Oubre, Campbell & Garrison, Lafayette, LA, for Defendant-Appellant.

Before WIENER, GARZA and BENAVIDES, Circuit Judges.

PER CURIAM: *

The Order of the District Court, entered March 15, 2007, granting partial summary judgment in favor of Plaintiff-Appellee Louisiana Pigment Company LP is affirmed for essentially the same reasons given by the District Court.

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.
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## Breadcrumb

            -  Evidence and Innovation 
            -  Teen Pregnancy Prevention Evidence Review 
            -           PPRER0S22048      

# PPRER0S22048

Starling R, Helme D, Nodulman JA, Bryan AD, Buller DB, Donohew RL, et al. Testing a risky sex behavior intervention pilot website for adolescents. Calif J Health Promot 2014 Dec;12(3):24-34 

N/ADid not meet the review's screening criteria
#### 632.703 Contract funding requirements.
#### J. E. Llewellyn, appellee, v. Board of Education of Cicero, Stickney High School Township District, appellant.

Gen. No. 30,571.

Action to recover compensation for services as architect. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Michael L. McKinley, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.

Affirmed.

Opinion filed June 23, 1926.

Felsenthal, Struckman & Berger, for appellant.

Frederic L. Goff and Chester E. Cleveland, for appellee.

Mr. Justice Thomson

delivered the opinion of the court.
#### James A. Brophy, appellee, v. Bertha Feigen et al., appellants.

Gen. No. 30,707.

Bill in equity. Decree for complainant. Motion to dismiss appeal on ground appeal bond not signed by all defendants. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1925.

Opinion filed June 14, 1926.

Appeal dismissed.

Joseph Rosenberg, for appellants; Hyman J. Rosenberg, of counsel.

Everett M. Swain, for appellee.

Mr. Justice Johnston

delivered the opinion of the court.
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## Breadcrumb

            -           Resource: Healthy Youth Website      

# Resource: Healthy Youth Website

CDC’s Division of Adolescent and School Health released the updated Healthy Youth website, which features new tools and resources and is now in a responsive web design, which means that the content can be easily accessed via multiple devices. 

http://www.cdc.gov/healthyyouth/index.htm?utm_source=youth.gov&utm_medium=federal-links&utm_campaign=reports-and-resources