alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FILED 

 U.S. COURT OF APPEALS

 ELEVENTH CIRCUIT 

 07/01/99 

 THOMAS K. KAHN 

 CLERK

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 98-8813

Non-Argument Calendar

________________________

D.C. Docket No. CV-698-11

CHARLES HARPER,

Plaintiff-Appellant,

versus

DR. JENKIN,

TOMMY REDDISH,

LOUISE CASON,

Defendants-Appellees.

__________________________

Appeal from the United States District Court for the

Southern District of Georgia

_________________________

(July 1, 1999)

Before TJOFLAT, BIRCH and BARKETT, Circuit Judges.

PER CURIAM:
2

Section 1997e(a) of the Prison Litigation Reform Act (PLRA) provides that

“[n]o action shall be brought with respect to prison conditions under [42 U.S.C. §]

1983 . . . , or any other federal law, by a prisoner confined in any . . . prison . . . until

such administrative remedies as are available are exhausted.” 42 U.S.C. § 1997e(a).

This provision applies in this case because the prisoner, the appellant, filed his

complaint after the PLRA’s effective date. 

Appellant is an inmate in the Georgia state prison system. He seeks both

monetary and injunctive relief on the ground that appellees, or one of them, violated

his Eighth (and Fourteenth) Amendment right to be free of cruel and unusual

punishment by refusing him needed medical treatment. Because appellant seeks such

relief, section 1997e(a) required that he exhaust his administrative remedies before

bringing suit.

Appellant has invoked the prison system’s administrative process; he has done

so by filing a grievance. His grievance has been denied, however, because it was

untimely. Appellant could appeal such denial (within the prison system); he

contends, however, that appeal would not be heard (because his grievance was

untimely). Given this circumstance, his argument continues, he has exhausted his

administrative remedies and, thus, the PLRA’s exhaustion requirement. We disagree.
3

As the district court noted in disposing of this case, Georgia State Prison Inmate

Grievance Procedure No. 503.1 allows the grievance coordinator to waive the time

period for filing a grievance if “good cause” is shown. Since appellant has not sought

leave to file an out-of-time grievance, he cannot be considered to have exhausted his

administrative remedies. If we were to accept appellant’s position – that the filing of

an untimely grievance exhausts an inmate’s administrative remedies – inmates, such

as appellant, could ignore the PLRA’s exhaustion requirement and still gain access to

federal court merely by filing an untimely grievance. 

In sum, we affirm the district court’s dismissal of appellant’s complaint without

prejudice for failure to exhaust his administrative remedies. 

AFFIRMED.
932.006-4 Procedures. ( a ) The remedy coordination official shall follow the procedures identified in 48 CFR 32.006-4.
( b ) [Reserved]
[63 FR 5273, Feb. 2, 1998, as amended at 75 FR 29459, May 26, 2010]
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (No. 333-106991, No. 333-112487, No. 333-117520 and 333-122658) andForm S-8 (No. 333-60640, No. 333-81522, No. 333-88504, No. 333-106923, No. 333-110522 and 333-116474) of Napster, Inc. of our report dated June 10, 2005 relating to the financial statements, financial statement schedule, management’s assessmentof the effectiveness of internal control over financial reporting and the effectiveness of internal control over financial reporting, which appears in this Form 10-K. 

 

/s/ PRICEWATERHOUSECOOPERS LLP 

 

San Jose, California 

June 13, 2005
Featured Grant OpportunitySchool Emergency Response to Violence (Project SERV) (Funding Opportunity) 

Featured Grant OpportunityShare with Youth: NOAA Student Opportunities Database

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Featured Grant OpportunityResearch on Law Enforcement Responses to Opioid Overdoses (Funding Opportunity)

Featured Grant OpportunityComprehensive Partnerships to Advance Cancer Health Equity (CPACHE) Program (Funding Opportunity)

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...

Featured Grant OpportunityStanding Announcement for Tribal Title IV-E Plan Development Grants (Funding Opportunity)

Featured Grant OpportunityProviding Research Education Experiences to Enhance Inclusivity for a Diverse Substance Use and...

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

Featured Grant OpportunityChallenge America (Funding Opportunity)

Featured Grant OpportunityResearch and Evaluation on Firearm Violence and Mass Shootings (Funding Opportunity)

Featured Grant OpportunityNational Juvenile Court Data Archive (Funding Opportunity)

Featured Grant OpportunityGraduate Research Fellowship (Funding Opportunity)

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Featured Grant OpportunityPrint and Disseminate Child Victims and Witnesses Support Materials (Funding Opportunity)

## Breadcrumb

            -           College Preparation Checklist      

# College Preparation Checklist

This resource can help students of all ages to prepare academically and financially for education beyond high school (PDF, 28 pages). It provides an overview of options for financial aid for college, and checklists for students and parents to reference at each stage of a student’s education. 

https://studentaid.ed.gov/sites/default/files/college-prep-checklist.pdf?utm_source=FindYouthInfo.gov&utm_medium=Federal-Links&utm_campaign=Reports-and-Resources
#### 52.247-20 Estimated Quantities or Weights for Evaluation of Offers.

As prescribed in 47.207-6(c)(6), insert the following provision in solicitations for transportation or for transportation-related services when quantities or weights of shipments between each origin and destination are not known, stating estimated quantity or weight for each origin/destination pair:

# Estimated Quantities or Weights for Evaluation of Offers (APR 1984)

For the purpose of evaluating offers, and for no other purpose, the following estimated quantities or weights will be considered as the quantities or weights to be shipped between each origin and destination listed:

| Origin | Destination | Estimated quantity or weight | |
| --- | --- | --- | --- |
| | | | |
| | | | |
| | | | |

(End of provision)
#### 752.219-71 Mentor requirements and evaluation.

As prescribed in (48 CFR) AIDAR 719.273-11(b), insert the following clause:

# Mentor Requirements and Evaluation (JUL 2007)

(a) Mentor and Protégé firms shall submit an evaluation of the overall experience in the Program to OSDBU at the conclusion of the mutually agreed upon Program period, the conclusion of the contract, or the voluntary withdrawal by either party from the Program, whichever occurs first. At the conclusion of each year in the Mentor-Protégé Program, the Mentor and Protégé will formally brief the USAID Mentor-Protégé Program Manager regarding Program accomplishments under their Mentor-Protégé Agreement.

(b) Mentor or Protégé shall notify OSDBU in writing, at least 30 calendar days in advance of the effective date of the firm's withdrawal from the Program.

(End of clause)

[72 FR 32546, June 13, 2007, as amended at 79 FR 74988, 74998, Dec. 16, 2014]
**CONSENT OF INDEPENDENT AUDITORS**

 

**EXHIBIT 23.1**

 

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (No. 333-60640, No. 333-81522 and No. 333-88504) of Roxio,Inc. of our report dated April 29, 2003 relating to the consolidated financial statements and the financial statement schedules, which appears in the Annual Report to Stockholders, which is incorporated in this Annual Report on Form 10-K.

 

/s/    PRICEWATERHOUSECOOPERS LLP

 

San Jose, California 

June 27, 2003
Exhibit 3.2.1





AMENDMENT NUMBER ONE TO


BYLAWS


OF


OPTICAL COMMUNICATION PRODUCTS, INC.,


a Delaware corporation





This is to certify that I am the duly
elected, qualified and acting Secretary of Optical Communication Products, Inc., a Delaware corporation (the Company), and that, by action at a meeting of the Companys Board of Directors held on December 17, 2002, Section 2 of
Article III of the Bylaws of the Company were amended and restated in their entirety to reads as follows:





Section 2.    Number; Election; Tenure and Qualification.    The number of directors which shall constitute the whole board shall be fixed from time to time by resolution of the
Board of Directors or by the Stockholders at an annual meeting of the Stockholders (unless the directors are elected by written consent in lieu of an annual meeting as provided in Article II, Section 12); provided that the number of directors shall
be not less than five (5) nor more than nine (9). With the exception of the first Board of Directors, which shall be elected by the incorporator, and except as provided in the corporations Certificate of Incorporation or in Section 3 of this
Article III, the directors shall be elected at the annual meeting of the stockholders by a plurality vote of the shares represented in person or by proxy and each director elected shall hold office until his successor is elected and qualified unless
he shall resign, become disqualified, disabled, or otherwise removed. Directors need not be stockholders.





The remainder of the Bylaws of the Company shall remain unchanged by this Amendment.





IN WITNESS WHEREOF, I have hereunto set my hand as of December 17, 2002.





By:

/s/    SUSIE L.
NEMETISusie L. Nemeti, Chief Financial Officer and Secretary
#### John Janeski, Respondent, v. State of New York, Appellant.

(Claim No. 38968.)

— Reynolds, J.

Appeal by the State from a judgment of the Court of Claims in the amount of $15,391.50, including interest. The State appropriated a portion of claimant’s land for the Amsterdam East — Route 5 connection. The land appropriated was unimproved, except that it contained a chicken coop of negligible value and the septic system for buildings located on the unappropriated property. The court below found that the best and highest use of the property was for commercial and residential use and that the market value of the entire property was $45,000 before taking and $31,500 after taking resulting in damages of $13,500. This figure he then broke down into $6,000 direct damages for the taking and $7,500 consequential damages to the remainder. The State takes the position that there is no evidence upon which the Court of Claims could find $7,500 consequential *846damages. We must agree. Here only one of claimant’s witnesses testified as to the amount of consequential damages, and this opinion _ was that such damages amounted to $5,000. The State’s expert had a much lower estimate. Thus there is no support anywhere in the evidence for the $7,500 figure *(Matter of the City of N. Y. [A. & W. Realty Corp.],*1 N Y 2d 428). Even with the addition of the $1,000 for the replacement of the septic system to the maximum estimate of $5,000, the total would still be $1,500 under the amount awarded. Upon our appraisal of the evidence, we find the direct damage to be $6,000 and the consequential damage to be $6,000. Judgment modified, on the law and the. facts, by reducing the. award of consequential damages to $6,000 and the total award to $12,000 and interest, and as so modified, affirmed, without costs. Gibson, P. J., Herlihy, Taylor and Aulisi, JJ., concur,
[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Notices]
[Page 10989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03612]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Microbiology, Infectious Diseases and AIDS 
Initial Review Group; Microbiology and Infectious Diseases Research 
Committee Microbiology and Infectious Diseases Research Committee 
(MID).
    Date: May 26-27, 2021.
    Time: 10:30 a.m. to 6:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute of Allergy and Infectious Diseases, 
National Institutes of Health, 5601 Fishers Lane, Room 3G51, 
Rockville, MD 20892 (Virtual Meeting).
    Contact Person: Amir E. Zeituni, Ph.D., Scientific Review 
Program, Division of Extramural Activities, National Institute of 
Allergy and Infectious Diseases, National Institutes of Health 5601 
Fishers Lane, Room 3G51 Rockville, MD 20852, 301-496-2550, 
<a href="/cdn-cgi/l/email-protection#40212d29326e3a252934352e29002e29286e272f36"><span class="__cf_email__" data-cfemail="d7b6babea5f9adb2bea3a2b9be97b9bebff9b0b8a1">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)

    Dated: February 17, 2021.
Tyeshia M. Roberson,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2021-03612 Filed 2-22-21; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### 846.101 Definition.

As used in this part—

*Rejected goods* means supplies and/or equipment failing to meet contractual terms and conditions and/or generally accepted quality standards that may be returned by the Government at the contractor's risk and expense.

[83 FR 48259, Sept. 24, 2018]
#### 970.4403 Contract clause.

The contracting officer shall insert the clause at 970.5244-1, Contractor Purchasing System, in all management and operating contracts.
#### 6106.608 Evidence; timing [Rule 608].

No party is required to provide additional evidence. An applicant or grantee may, but need not, supplement materials it previously provided to FEMA regarding the dispute. A party may elect to present additional evidence, *i.e.,* documents, things, or testimony tending to make a factual contention appear more or less likely to be true. If a party so elects, the panel will to the extent practicable allow a response. FEMA shall efile its response to an arbitration request within 30 calendar days after receiving the docketing notice. A panel may not exclude as untimely evidence proffered before arbitration closes under Rule 613. A panel may consider the timing or surprise nature of evidence when assessing the significance, credibility, or probative value of the evidence.
#### 970.0801-2 Policy.

The provisions of 48 CFR subpart 8.1, 41 CFR 101-43 (Federal Property Management Regulation), and 41 CFR 109-43, (Department of Energy (DOE) Property Management Regulation) apply to DOE's management and operating contracts.

[74 FR 36371, July 22, 2009]
EXHIBIT 32



<PAGE>


                                  CERTIFICATION

      In connection with the Annual Report of San Juan Financial, Inc. (the
"Company") on Form 10-KSB for the year ended December 31, 2002 as filed with the
Securities and Exchange Commission (the "Report"), Troy Fullmer, the Chief
Executive and Finanical Officer and the Company, 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 the Company.

Date:  June 17, 2004
                                 By: /s/ Troy Fullmer
                                    ------------------------------------
                                    Troy Fullmer, Chief  Executive and
                                    Financial Officer
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON REMAND

NO. 03
- 17
- 00081
- CV

PHI Air Medical, LLC, Appellant

v. Texas Mutual Insurance Company ; Hartford Underwriters Insurance Company ; TASB Risk Management Fund ; Transportation Insurance Company ; Truck Insu r ance Exchange ; Twin City Fire Insurance Company ; Valley Forge Insurance Company ; Zenith Insurance Company; and Texa s Department of Insurance, Division of Workers ’ Compe nsa tion , Appellee s

FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY, NO. D
- 1
- GN
- 15
- 00 4940, THE HONORABLE JAN SOIFER, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

PER CURIAM

Appellant PHI Air Medical, LLC , appealed the trial court ’ s judgment in favor of Texas Mutual Insurance Company, Hartford Underwriters Insurance C ompany, TASB Risk Management Fund, Transportation Insurance Company, Truck Insurance Exchange, Twin City Fire Insurance Company, Valley Forge Insurance Company, and Zenith Insurance Company ( c o l l e c t i v e l y “ t h e I n s u r e r s ” ) . This Court reversed the trial cour t ’ s judgment

. See P HI Air Med.,
LL C v. Te xas Mut . Ins

. , 549 S.W.3d 804 (Tex . App.

— Austin 2018)

. The I nsurers and the Department of I n s uran ce, Division of Worke rs ’ Compensation appealed , and the Texas Supreme2

Court revers ed this Court ’ s decision and rem an ded to this Cour t

. Texas Mu t. Ins. v. PHI Air Med., LLC ,
__ S. W.3d __, 20 20 WL 3477002 (Tex. June 26, 2020). PHI then filed a petition for
writ of certiorari wi th the Supreme Co urt of the Unite d States ( SCOTUS)

.

PHI has now filed a n unopposed motion to stay proceedings until after SCOTUS
has reviewed the petition. We grant the motion and abate t he appeal pending review by
SCOTUS

. The parties are instructed to notif y this Court w ithin th irty days of SCOTUS ’ s decision regarding whet her to grant the p etition . Failure to timely comply may result in the case being dismissed for want of prosecution. See Tex. R . App. P. 42.3 (b).

Before Justic es Goodwin, Baker, and Kelly
Abat ed
Filed: December 17, 2020
Featured Grant OpportunitySchool Emergency Response to Violence (Project SERV) (Funding Opportunity) 

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

Featured Grant OpportunityStanding Announcement for Tribal Title IV-E Plan Development Grants (Funding Opportunity)

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## Breadcrumb

            -  Evidence and Innovation 
            -  Teen Pregnancy Prevention Evidence Review 
            -           PPRER000883      

# PPRER000883

Bull, S., Pratte, K., Whitesell, N., Rietmeijer, C.,  McFarlane, M. (2009). Effects of an internet-based intervention for HIV prevention: The youthnet trials. AIDS  Behavior, 13(3), 474-487. 

N/ADid not meet the review's screening criteria
#### 832.7001-2 Contract clause.

The contracting officer shall insert the clause at 852.232-72, Electronic Submission of Payment Requests, in solicitations and contracts exceeding the micro-purchase threshold, except those for which the contracting officer has directed otherwise under 832.7001, and those paid with a Governmentwide commercial purchase card.