alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

LESLIE GREY VANAMAN, 

Plaintiff-Appellant,

 v.

MOLINAR; J. T. SHARTLE, Warden;

FEDERAL BUREAU OF PRISONS; R. L.

RHODES, 

Defendants-Appellees.

No. 21-15260

D.C. No. 4:17-cv-00222-JCH

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

John Charles Hinderaker, District Judge, Presiding

Submitted July 13, 2022 ** 

Before: WALLACE, FERNANDEZ, and SILVERMAN, Circuit Judges

Leslie Vanaman, an inmate at the United States Penitentiary Tucson, appeals

from the district court’s order granting summary judgment in favor of the

FILED

JUL 14 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

 * * The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
defendants in his action arising out of the prison’s rejection of an issue of a

magazine. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de

novo, Wood v. Beauclair, 692 F.3d 1041, 1045 (9th Cir. 2012), and affirm.

Vanaman’s facial challenges to Complex Supplement TCX 5324.10B are

moot. Vanaman only sought to enjoin rejection of future publications pursuant to

the supplement, which is no longer in effect. See Doe No. 1 v. Reed, 697 F.3d

1235, 1238 (9th Cir. 2012) (a case becomes moot when “no effective relief remains

available”). 

Summary judgment was proper for the defendants on the First Amendment

and equal protection claims because the rejection of the magazine was reasonably

or rationally related to legitimate penological interests of security and

rehabilitation. The defendants made an individualized assessment that the

magazine was risk-relevant to Vanaman’s convictions and could hinder his

rehabilitation. In addition, it could be traded or sold, interfering with the

rehabilitation of other inmates and causing security risks. See Thornburgh v.

Abbott, 490 U.S. 401, 413 (1989) (setting forth the standard to assess incoming

publications); Pell v. Procunier, 417 U.S. 817, 822-23 (1974) (legitimate

penological interests include deterrence of crime, rehabilitation, and internal

security); United States v. Whitlock, 639 F.3d 935, 941 (9th Cir. 2011) (“neither

2
prisoners nor ‘persons convicted of crimes’ constitute a suspect class for equal

protection purposes”); Webber v. Crabtree, 158 F.3d 460, 461 (9th Cir. 1998)

(setting forth the equal protection standard). Moreover, Vanaman failed to

establish that he was treated differently from other similarly-situated prisoners. 

See Thornton v. City of St. Helens, 425 F.3d 1158, 1168 (9th Cir. 2005) (“Evidence

of different treatment of unlike groups does not support an equal protection

claim.”). 

Appellant’s “Motion to Take Judicial Notice” [Dkt. Entry No. 15] and

“Motion to Supplement and Supplement to the Requested Relief” [Dkt. Entry No.

18] are DENIED.

AFFIRMED.

3
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Justice Drug Enforcement Administration
 By a Notice dated June 17, 2010, and published in the 
                    **Federal Register**
                     on June 28, 2010 (75 FR 36680), Rhodes Technologies, 498 Washington Street, Coventry, Rhode Island 02816, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as an importer of the basic classes of controlled substances listed in schedule II: Drug
ScheduleRaw Opium (9600)
IIConcentrate of Poppy Straw (9670)
II
 The company plans to import the listed controlled substances in order to bulk manufacture controlled substances in Active Pharmaceutical Ingredient (API) form. The company distributes the manufactured API's in bulk form only to its customers. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and 952(a), and determined that the registration of Rhodes Technologies to import the basic classes of controlled substances is consistent with the public interest, and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. DEA has investigated Rhodes Technologies to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, the above named company is granted registration as an importer of the basic classes of controlled substances listed. Dated: November 1, 2010. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.


[FR Doc. 2010-28509 Filed 11-10-10; 8:45 am] BILLING CODE 4410-09-P
Editorial Note on Part 1944
Editorial Note: Nomenclature changes to part 1944 appear at 80 FR 9885, Feb. 24, 2015.

§ 1944.52 Definitions. References in this subpart to County, District, State, National and Finance Offices, and to County Supervisor, District Director, State Director, and Administrator refer to Rural Development offices and officials and should be read as prefaced by Rural Development. Terms used in this subpart have the following meanings: *Colonias.* As defined in exhibit C of subpart L of part 1940 of this chapter.
*Complete application package (hereafter called package).* The package submitted to the appropriate Rural Development office which is considered acceptable in accordance with exhibit C of this subpart.
*Cost reimbursement.* Amount determined by the Administrator that equals the customary and reasonable costs incurred in preparing a package for a loan or grant. These amounts are included in exhibit B of this subpart.
*Designated counties.* These counties are listed in exhibit D of this subpart. The counties meet the following criteria: ( 1 ) Twenty percent or more of the county population is at or below the poverty level based on the most recent 5-year survey of the American Community Survey of the Census Bureau or other Census Bureau data if needed; and
( 2 ) Ten percent or more of the occupied housing units are substandard based on the most recent decennial Census of the United States.
*Organization.* Any of the following entities which are legally authorized to work in designated counties and/or colonias and are: ( 1 ) A State, State agency, or unit of general local government or;
( 2 ) A private nonprofit organization or corporation that is owned and controlled by private persons or interests, is organized and operated for purposes other than making gains or profits for the corporation, and is legally precluded from distributing any gains or profits to its members.
*Packager.* Any eligible organization which is reimbursed with Housing Application Packaging Grants (HAPG) funds.
*Technical assistance.* Any assistance necessary to carry out housing efforts by or for very low- and low-income individuals/families to improve the quality and/or quantity of housing available to meet their needs. Such assistance must include, but is not limited to: ( 1 ) Contacting and assisting very low- and low-income families in need of adequate housing by: ( i ) Implementing an organized outreach program using available media and personal contacts;
( ii ) Explaining available housing programs and alternatives to increase the awareness of very low- and low-income families and to educate the community as to the benefits from improved housing;
( iii ) Assisting very low- and low-income families in locating adequate housing; and
( iv ) Developing and packaging loan/grant applications for new construction and/or rehabilitation, or repair of existing housing.
( 2 ) Contacting and assisting eligible applicants to develop multi-family housing loan/grant applications for new construction, rehabilitation, or repair to serve very low- and low-income families.
[58 FR 58643, Nov. 3, 1993, as amended at 80 FR 9885, Feb. 24, 2015]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Office of Personnel Management

# AGENCY:

U.S. Office of Personnel Management (OPM).

# ACTION:

Notice to extend comment period for a new system of records.

# SUMMARY:

OPM is extending the comment period for a new system of records, OPM/Central-15, Health Claims Data Warehouse, until December 15, 2010. The initial notice for this system was published on October 5, 2010, and provided a comment period deadline of November 15, 2010. Based on the comments we have received since we published the initial notice, OPM is considering revisions to the systems notice to, among other things, provide greater specificity regarding the authorities for maintaining the system, clarify its intent to significantly limit the circumstances under which personally identifiable records may be released, and provide a more detailed explanation of how the records in this system will be protected and secured. If OPM publishes a revised systems notice, the public will have the opportunity to comment on the revised notice before OPM begins operating the system. In the meantime, OPM is extending the opportunity for interested persons, organizations, and agencies to review and provide comments pursuant to the October 5, 2010 system notice.

# DATES:

The comment period is extended until December 15, 2010.

# ADDRESSES:

                        Send written comments to the Office of Personnel Management,                         *Attn:*                         Gary A. Lukowski, Ph.D., Manager, Data Analysis, U. S. Office of Personnel Management, 1900 E Street, NW., Room 7439, Washington, DC 20415 or to                         *gary.lukowski@opm.gov.*

# FOR FURTHER INFORMATION CONTACT:

Gary A. Lukowski, Ph.D., Manager, Data Analysis, at 202-606-1449.

U.S. Office of Personnel Management.

John Berry,

Director.

[FR Doc. 2010-28834 Filed 11-12-10; 8:45 am]

BILLING CODE 6325-46-P
#### § 1735.11 Area coverage.

Borrowers must make adequate telephone service available to the widest practical number of rural subscribers during the life of the loan. Both the nature of the service area and the cost per subscriber must be fully considered. The borrower must seek to provide service to all interested potential subscribers in the service area. Borrowers are not required to extend service in situations where the costs would be exorbitant. The loan contract shall contain appropriate provisions to effect this requirement. See 7 CFR 1737.11(a), Preapplication Determinations: Area to be Served.
Featured Grant OpportunitySchool Emergency Response to Violence (Project SERV) (Funding Opportunity) 

Featured Grant OpportunityShare with Youth: NOAA Student Opportunities Database

Featured Grant OpportunityShort Courses in Social Determinants of Health for Research Education in Nursing Research (Funding...

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)

Featured Grant OpportunityCommunity Programs for Outreach and Intervention with Youth and Young Adults at Clinical High Risk...

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

## Breadcrumb

            -           Report: Childhood Obesity Surveillance Practices      

# Report: Childhood Obesity Surveillance Practices

This report describes a study that examined the extent to which state governments conduct child body mass index (BMI) surveillance. The findings show that only 14 states collect child BMI data in a manner consistent with standard definitions of public health surveillance.

http://www.cdc.gov/pcd/issues/2016/16_0060.htm?utm_source=Youth.gov&utm_campaign=Reports-and-Resources&utm_medium=federal-links
§ 1786.99 Eligibility criteria. To be eligible to prepay RUS Notes at the Discounted Present Value, a borrower must comply with the following criteria: ( a ) The borrower must be current on all payments due on its outstanding RUS Notes and all other payment obligations owed to RUS;
( b ) The borrower must agree to prepay all of its outstanding RUS Notes;
( c ) The borrower must identify the source of financing that will be used directly or indirectly to refinance its outstanding RUS Notes. The borrower must certify in writing whether such financing will be tax exempt and, if so, shall furnish all information on the financing as RUS may request to enable RUS to adjust the discount to the equivalent to fully taxable financing;
( d ) The borrower must have expended all funds advanced on account of the RUS Notes for the purposes for which such funds were advanced or repaid RUS for all unexpended funds;
( e ) The borrower must agree to a rescission of the unadvanced balance of any RUS Notes outstanding as of the date of its application for prepayment;
( f ) The borrower must agree that the borrower, its successors and assigns, shall pay to the Government, as a condition of receiving additional loans or loan guarantees pursuant to titles I and III of the Act, an amount equal to the aggregate of the difference with respect to each of the RUS Notes between the amount outstanding on the RUS Note and the Discounted Present Value of the RUS Note upon prepayment with interest accruing quarterly; the interest rates shall be the rates provided in the respective Notes; and
( g ) If the borrower is a party to a wholesale power contract with a power supplier financed pursuant to the Act, the borrower must provide the Administrator with such assurances as the Administrator may request that it will meet its obligations to the power supplier. The borrower must also specifically agree to the following limitation: The borrower agrees that, for so long as the Wholesale Power Contract shall be in effect between the borrower and the power supplier, the borrower will not, without the approval in writing of the power supplier and the Administrator, take or suffer to be taken any steps for reorganization or to consolidate with or merge into any corporation or any other public power district, or to sell, lease or transfer (or make any agreement therefor) all or a substantial portion of its assets, whether now owned or hereafter acquired. Notwithstanding the foregoing, the borrower may take or suffer to be taken any steps for reorganization or to consolidate with or merge into any corporation or any other public power district, or to sell, lease or transfer (or make any agreement therefor) all or a substantial portion of its assets, whether now owned or hereafter acquired, so long as the borrower shall pay such portion of the outstanding indebtedness evidenced by the power supplier's Notes at the time outstanding as shall be determined by the power supplier with the prior written consent of the Administrator and shall otherwise comply with such reasonable terms and conditions as the Administrator and the Power Supplier shall require.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Credit Union Administration

# FOR FURTHER INFORMATION CONTACT:

Mary Rupp, Secretary of the Board, Telephone: 703-518-6304.

Mary Rupp,

Board Secretary.

[FR Doc. 2010-28808 Filed 11-10-10; 4:15 pm]

BILLING CODE P
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit

__________________________ 

KONINKLIJKE PHILIPS ELECTRONICS N.V.

AND U.S. PHILIPS CORPORATION, 

Plaintiffs-Appellees, 

v. 

CINRAM INTERNATIONAL, INC., CINRAM, INC., 

CINRAM MANUFACTURING, INC., THE ADS 

GROUP (formerly known as Advanced Duplication

Services, LLC), AMERICAN MEDIA 

INTERNATIONAL, LTD., CARBONITE, INC., HAL

LEONARD CORP., MUSIC CITY OPTICAL MEDIA, 

INC., CONCORD RECORDS, INC., CONCORD 

MUSIC GROUP, INC., UNIVERSAL MUSIC GROUP, 

AND OPTICAL EXPERTS MANUFACTURING, INC., 

Defendants, 

AND 

ENTERTAINMENT DISTRIBUTION COMPANY 

(USA), LLC, ENTERTAINMENT DISTRIBUTION 

COMPANY, LLC, AND UMG MANUFACTURING & 

LOGISTICS, INC., 

Defendants-Appellants. 

__________________________ 

2013-1482

__________________________ 

Case: 13-1482 Document: 15 Page: 1 Filed: 09/18/2013
KONINKLIJKE PHILIPS V. CINRAM INTERNATIONAL 2

Appeal from the United States District Court for the 

Southern District of New York in consolidated No. 08-CV0515, Judge Richard G. Stearns. 

__________________________ 

ON MOTION

__________________________ 

O R D E R

Upon consideration of the parties’ joint motion to dismiss this appeal, 

IT IS ORDERED THAT: 

(1) The motion is granted. 

(2) Each side shall bear its own costs.

 

FOR THE COURT

 /s/ Daniel E. O’Toole

 Daniel E. O’Toole

 Clerk

s26 

ISSUED AS A MANDATE: September 18, 2013

Case: 13-1482 Document: 15 Page: 2 Filed: 09/18/2013
#### § 1223.7 First handler.

*First handler* means any person who receives, shells, cracks, accumulates, warehouses, roasts, packs, sells, consigns, transports, exports, or ships (except as a common or contract carrier of pecans owned by another person), or in any other way puts inshell or shelled pecans in the stream of commerce. The term first handler includes a producer who handles or markets pecans of the producer's own production.
CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

*April 14, 2006*

[Cite as *04/14/2006 Case Announcements,*2006-Ohio-1832.]

MISCELLANEOUS ORDERS

2005-1930.

#### Cincinnati Bar Assn. v. Bailey.

This cause is pending before the court on the report of the Board on the Unauthorized Practice of Law. On March 14, 2006, the board filed a notice of clarification of hearing record. On March 20, 2006, respondent filed objections to the notice. Upon consideration thereof,

IT IS ORDERED by this court that the objections are denied.
#### Municipal Training Center, Inc., et al., Appellants, v National Broadcasting Corporation et al., Respondents, et al., Defendants.

Order, Supreme Court, New York County, entered on May 2, 1979, unanimously affirmed. Respondents shall recover of appellants $50 costs and disbursements of this appeal. The appeal from the order entered on June 12, 1979 is dismissed as nonappealable, without costs and without disbursements. No opinion. Concur—Fein, J. P., Sandler, Sullivan, Bloom and Lupiano, JJ.