alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* A review of the district court docket sheet reveals that though at issue in September 2005, the habeas petition remains pending. In September 2007, the magistrate judge issued an order to show cause why the matter should not be dismissed for failure to prosecute. Both Mr. Jackson and the State objected on the grounds that the petition was ready for a ruling. FILED United States Court of Appeals Tenth Circuit 

### July 11, 2008 Elisabeth A. Shumaker Clerk of Court UNITED STATES COURT OF APPEALS TENTH CIRCUIT

LAWRENCE M. JACKSON, Petitioner - Appellant,

v. CLINT FRIEL, Warden, Respondent - Appellee. No. 08-4040 (D.C. No. 2:05-CV-00365-DB) (D. Utah)

ORDER DENYING CERTIFICATE OF APPEALABILITY

Before TACHA , KELLY , and McCONNELL , Circuit Judges. Lawrence Jackson, a state inmate appearing pro se, seeks a certificate of appealability (“COA”) to appeal the district court’s denial of his motion for a temporary restraining order against the prison. This motion was filed while his habeas corpus petition under 28 U.S.C. § 2254 is pending before the district
court. * The district court denied the motion for a temporary restraining order, and this appeal followed.- 2 - In his motion seeking a COA, Mr. Jackson argues that a temporary restraining order is necessary to require the prison to adequately care for his medical needs. However, conditions-of-confinement claims by a state inmate generally must be brought in a civil rights complaint under 42 U.S.C. § 1983 rather than in a habeas petition. See Rael v. Williams , 223 F.3d 1153, 1154 (10th Cir. 2000). The district court’s resolution of this motion is not reasonably debatable among jurists given the procedural vehicle. SeeMiller-El v. Cockrell , 537 U.S. 322, 336 (2003). We DENY a COA, DENY all pending motions, and DISMISS the appeal.

Entered for the Court Paul J. Kelly, Jr. Circuit Judge
§ 27.80 Fees; review classification, futures classification and supervision. For services rendered by the Cotton and Tobacco Programs pursuant to this subpart, whether the cotton involved is tenderable or not, the person requesting the services shall pay fees as follows: ( a ) For each calendar year, AMS will calculate the rate for services, per hour per program employee using the following formulas: ( 1 ) *Regular rate.* The total AMS grading or classification program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage of cost of living increase, plus the benefits rate, plus the operating rate, plus the allowance for bad debt rate. If applicable, travel expenses may also be added to the cost of providing the service.
( 2 ) *Overtime rate.* The total AMS grading or classification program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage of cost of living increase and then multiplied by 1.5 plus the benefits rate, plus the operating rate, plus an allowance for bad debt. If applicable, travel expenses may also be added to the cost of providing the service.
( 3 ) *Holiday rate.* The total AMS grading or classification program personnel direct pay divided by direct hours which is then multiplied by the next year's percentage of cost of living increase and then multiplied by 2, plus benefits rate, plus the operating rate, plus an allowance for bad debt. If applicable, travel expenses may also be added to the cost of providing the service.
( b ) For each calendar year, based on historical costs, AMS will calculate the benefits, operating, and allowance for bad debt components of the regular, overtime and holiday rates as follows: ( 1 ) *Benefits rate.* The total AMS grading or classification program direct benefits costs divided by the total hours (regular, overtime, and holiday) worked, which is then multiplied by the next calendar year's percentage cost of living increase. Some examples of direct benefits are health insurance, retirement, life insurance, and Thrift Savings Plan (TSP) retirement basic and matching contributions.
( 2 ) *Operating rate.* The total AMS grading or classification program operating costs divided by total hours (regular, overtime, and holiday) worked, which is then multiplied by the percentage of inflation.
( 3 ) *Allowance for bad debt rate.* Total AMS grading or classification program allowance for bad debt divided by total hours (regular, overtime, and holiday) worked.
( c ) *Basis.* The calendar year cost of living expenses and percentage of inflation factors used in the formulas in this section are based on the most current Office of Management and Budget's Presidential Economic Assumptions.
[77 FR 5380, Feb. 3, 2012, as amended at 79 FR 67318, Nov. 13, 2014]
IN THE UNITED STATES DISTRICT COURT FOR THE 

NORTHERN DISTRICT OF FLORIDA 

TALLAHASSEE DIVISION 

BOBBIE BOLTON 

 Plaintiff, 

v. CIVIL DIVISION 

 CASE NO. 4:03CV307-RH/WCS 

UNITED STATES OF AMERICA, and 

CORRECTIONS OFFICER JEFFREY LINTON, 

 Defendant. 

FILING UNDER RULE 26(a)(1)

 COMES NOW the Plaintiff, by and through the undersigned attorney, and makes 

this filing under Rule 26(a)(1), Federal Rules of Civil Procedure: 

A. Name, address and phone number of all persons likely to have discoverable 

information relevant to disputed facts: 

a. Officer Linton, Federal Correctional Institution, 501 Capital Circle, 

Tallahassee, Florida 32301, 878-2173. 

b. George Williams, Federal Correctional Institution, 501 Capital Circle, 

Tallahassee, Florida 32301, 878-2173. 

c. Wynette Brown, Federal Correctional Institution, 501 Capital Circle, 

Tallahassee, Florida 32301, 878-2173. 

d. Danny Boyd, Federal Correctional Institution, 501 Capital Circle, 

Tallahassee, Florida 32301, 878-2173. 

e. Dr. Pickens, Federal Correctional Institution, 501 Capital Circle, 

Tallahassee, Florida 32301, 878-2173. 

f. Dr. Hernandez, Federal Correctional Institution, 501 Capital Circle, 

Tallahassee, Florida 32301, 878-2173. 

g. Chaplain Ted Harbowy, Federal Correctional Institution, 501 Capital 

Circle, Tallahassee, Florida 32301, 878-2173. 

h. Dr. Young, Federal Correctional Institution, 501 Capital Circle, 

Tallahassee, Florida 32301, 878-2173. 

i. Dr. Hanley, Federal Correctional Institution, 501 Capital Circle, 

Tallahassee, Florida 32301, 878-2173. 
j. Inmate Natasha Johnson, Federal Correctional Institution, 501 Capital 

Circle, Tallahassee, Florida 32301, 878-2173. 

B. Copy of or a description by category and location of all documents, data 

compilations, and tangible things in the possession, custody, or control of the 

party that are relevant to disputed facts or alleged with particularity in the 

pleadings: 

a. Federal Tort Claims Act Form filed 10/29/2002. 

b. Notice of denial of Plaintiff’s claim by BOP Regional Counsel Lisa 

Sunderman, dated 04/02/2003. 

c. Forensic report on DNA evidence dated 12/12/2003. 

C. Computation of any category of damages: Damages will be presented at the 

close of all discovery. 

D. Any insurance agreement: not applicable to Plaintiff.

I CERTIFY a true copy hereof was sent by hand fax mail on 02/27/2004, to: 

Robert Stinson, Esq. 

U.S. Attorney's Office 

111 North Adams Street, Ste. 400 

Tallahassee, Florida 32301-7717 

s/James V. Cook________________________ 

JAMES V. COOK 

Florida Bar Number 0966843 

314 West Jefferson Street 

Tallahassee, Florida 32301 

(850) 222-8080; 561-0836 fax
§ 29.9406 Failure of warehouse to comply with opening and selling schedule. ( a ) Each warehouse shall comply with opening and selling schedules issued by the Secretary for designated and undesignated flue-cured tobacco.
( b ) For each of any two consecutive sales days during the marketing season a warehouse may exceed its scheduled sales opportunity for designated or undesignated tobacco, but the pounds sold during the second or third sales day must be adjusted so the warehouse will be back in compliance at the end of the third sales day or no tobacco inspection or price support services will be made available on the next succeeding sales day. Any such adjustment which is within 100 pounds of the required reduction shall be considered as in compliance with this section. During the closeout period, if a warehouse sells tobacco in excess of that allowed by the sales schedule on either of the last two sales days of the marketing season, then such excess sales shall be deducted from its scheduled sales opportunity on the first, or more, sales days of the next marketing season.
( c ) The amount of the poundage adjustment specified in paragraph (b) of this section for a warehouse selling in excess of the sales schedule shall be as follows: ( 1 ) If the excess is 5,000 pounds or less of designated producer tobacco, the adjustment in producer sales opportunity shall be one pound for each pound of excess; sales in excess of 5,000 pounds shall be a violation of the sales schedule and the adjustment for the first violation shall be 5,000 pounds plus the larger of 3 pounds for each pound in excess of 5,000 pounds or 5,000 pounds; for the second violation, the adjustment shall be 5,000 pounds plus the larger of 5 pounds for each pound in excess of 5,000 or 15,000 pounds; and for the third and subsequent violations, the adjustment shall be 5,000 pounds plus the larger of 5 pounds for each pound in excess of 5,000 pounds or 50 percent of a scheduled day's sales opportunity.
( 2 ) If the excess is 1,000 pounds or less of undesignated producer tobacco, the adjustment in producers sales opportunity is one pound for each pound of excess; if the excess is larger than 1,000 pounds, the adjustment is 1,000 pounds plus the larger of 3 pounds for each pound in excess of 1,000 or 2,000 pounds.
( 3 ) If the excess is designated producer tobacco that is not eligible for sale at the warehouse on the day of the sale, the adjustment in producers sales opportunity for the first violation is the larger of 3 pounds for each pound in excess or 5,000 pounds, and for the second and succeeding violations, the larger of 5 pounds for each pound in excess or 10,000 pounds.
( d ) If, on any sales day, a warehouse does not sell the full quantity of designated or undesignated tobacco authorized to be sold at such warehouse, the designated or undesignated sales opportunity at such warehouse on the next immediate sales day shall automatically be increased by the unsold quantity except that no such increase in sales opportunity shall exceed 5,000 pounds for designated tobacco or 500 pounds for undesignated tobacco.
[46 FR 56156, Nov. 16, 1981, as amended at 65 FR 46087, July 27, 2000]
#### Eleanor C. Keller et al., Appellants, v James C. Barry, Respondent.

— In an action to recover damages, inter *alia,*for legal malpractice, plaintiffs appeal from an order of the Supreme Court, Nassau County, dated November 6, 1978, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action. Order reversed, with $50 costs and disbursements, motion to dismiss denied and complaint reinstated. The complaint is sufficient on its face. The allegations contained in the affirmation submitted on behalf of the defendant’s motion to dismiss could not be considered unless the court treated the motion as one for summary judgment (see *Rovello v Oroñno Realty Co.,*40 NY2d 633). Mollen, P. J., Hopkins, O’Connor and Lazer, JJ., concur.
PUBLIC LAW 108–308—SEPT. 30, 2004 118 STAT. 1135

Public Law 108–308

108th Congress

An Act

To reauthorize the Temporary Assistance for Needy Families block grant program

through March 31, 2005, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Welfare Reform Extension Act,

Part VIII’’.

SEC. 2. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY

FAMILIES BLOCK GRANT PROGRAM THROUGH MARCH

31, 2005.

(a) IN GENERAL.—Activities authorized by part A of title IV

of the Social Security Act, and by sections 510, 1108(b), and 1925

of such Act, shall continue through March 31, 2005, in the manner

authorized for fiscal year 2004, notwithstanding section

1902(e)(1)(A) of such Act, and out of any money in the Treasury

of the United States not otherwise appropriated, there are hereby

appropriated such sums as may be necessary for such purpose.

Grants and payments may be made pursuant to this authority

through the second quarter of fiscal year 2005 at the level provided

for such activities through the second quarter of fiscal year 2004.

(b) CONFORMING AMENDMENTS.—

(1) SUPPLEMENTAL GRANTS FOR POPULATION INCREASES IN

CERTAIN STATES.—Section 403(a)(3)(H)(ii) of the Social Security

Act (42 U.S.C. 603(a)(3)(H)(ii)) is amended by striking ‘‘September 30, 2004’’ and inserting ‘‘March 31, 2005’’.

(2) CONTINGENCY FUND.—Section 403(b)(3)(C)(ii) of such

Act (42 U.S.C. 603(b)(3)(C)(ii)) is amended by striking ‘‘2004’’

and inserting ‘‘2005’’.

(3) MAINTENANCE OF EFFORT.—Section 409(a)(7) of such

Act (42 U.S.C. 609(a)(7)) is amended—

(A) in subparagraph (A), by striking ‘‘or 2005’’ and

inserting ‘‘2005, or 2006’’; and

(B) in subparagraph (B)(ii), by striking ‘‘2004’’ and

inserting ‘‘2005’’.

SEC. 3. EXTENSION OF THE NATIONAL RANDOM SAMPLE STUDY OF

CHILD WELFARE AND CHILD WELFARE WAIVER

AUTHORITY THROUGH MARCH 31, 2005.

Activities authorized by sections 429A and 1130(a) of the Social

Security Act shall continue through March 31, 2005, in the manner

authorized for fiscal year 2004, and out of any money in the

Treasury of the United States not otherwise appropriated, there

42 USC 1305

note.

Welfare Reform

Extension Act,

Part VIII.

Sept. 30, 2004

[H.R. 5149]

118 STAT. 1136 PUBLIC LAW 108–308—SEPT. 30, 2004

LEGISLATIVE HISTORY—H.R. 5149:

CONGRESSIONAL RECORD, Vol. 150 (2004):

Sept. 29 considered in House.

Sept. 30, considered and passed House and Senate.

Æ

are hereby appropriated such sums as may be necessary for such

purpose. Grants and payments may be made pursuant to this

authority through the second quarter of fiscal year 2005 at the

level provided for such activities through the second quarter of

fiscal year 2004.

Approved September 30, 2004.
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 Archives and Records Administration

# AGENCY:

National Archives and Records Administration.

# ACTION:

Notice; SES Performance Review Board.

# SUMMARY:

Notice is hereby given of the appointment of members of the National Archives and Records Administration (NARA) Performance Review Board.

# DATES:

*Effective Date:*                         This appointment is effective on February 10, 2010.                    

# FOR FURTHER INFORMATION CONTACT:

Pamela S. Pope, Human Resources Services Division (NAH), National Archives and Records Administration, 9700 Page Avenue, St. Louis, MO 63132, (314) 801-0882.

# SUPPLEMENTARY INFORMATION:

Section 4314(c) of Title 5, U.S.C., requires each agency to establish, in accordance with regulations prescribed by the Office of Personnel Management, one or more SES Performance Review Boards. The Board shall review the initial appraisal of a senior executive's performance by the supervisor and recommend final action to the appointing authority regarding matters related to senior executive performance.

The members of the Performance Review Board for the National Archives and Records Administration are: Adrienne C. Thomas, Deputy Archivist of the United States, Michael J. Kurtz, Assistant Archivist for Records Services—Washington, DC, and Martha A. Morphy, Assistant Archivist for Information Services. These appointments supersede all previous appointments.

Dated: February 4, 2010.

David S. Ferriero,

Archivist of the United States.

[FR Doc. 2010-2935 Filed 2-9-10; 8:45 am]

BILLING CODE 7515-01-P
#### § 29.404 Inspection.

The inspector shall review each lot of tobacco through a process of selective sampling in sufficient detail to allow an accurate determination of the types and grades contained in each lot.

[49 FR 27468, July 3, 1984]
###### Editorial Note on Part 1955

#### Editorial Note:

Nomenclature changes to part 1955 appear at 80 FR 9895, Feb. 24, 2015.

#### § 1955.60 Inventory property subject to redemption by the borrower.

If inventory property is subject to redemption rights, the State Director, with prior approval of OGC, will issue a State Supplement giving guidance concerning the former borrower's rights, whether or not the property may be leased or sold by the Government, payment of taxes, maintenance, and any other items OGC deems necessary to comply with State laws. Routine care and maintenance will be provided according to § 1955.64 of this subpart to preserve and protect the property. Repairs are limited to those essential to prevent further deterioration of the property or to remove a health or safety hazard to the community in accordance with § 1955.64(a) of this subpart unless State law permits full recovery of cost of repairs in which case usual policy on repairs is applicable. If the former borrower with redemption rights has possession of the property or has a right to lease proceeds, Rural Development will not rent the property until the redemption period has expired unless the State Director obtains prior authorization from OGC. Further guidance on sale subject to redemption rights is set forth in § 1955.138 of Subpart C of this part.
EXHIBIT 32

Certification of CEO and CFO 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 on Form 10-Q of BlackRock Kelso Capital
Corporation (the Company) for the quarter ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), James R. Maher, as Chief Executive Officer of the Company, and Frank D.
Gordon, as Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 results of operations of the Company.



|                              
|------------------------------
|/s/    James R. Maher         
|Name: James R. Maher          
|Title: Chief Executive Officer
|Date: August 6, 2009          
|                              
|/s/    Frank D. Gordon        
|Name: Frank D. Gordon         
|Title: Chief Financial Officer
|Date: August 6, 2009
Editorial Note on Subchapter C of Chapter II
Editorial Note: Nomenclature changes to subchapter C appear by Amdt. 381, 65 FR 64586, Oct. 30, 2000.

§ 292.27 Claims. ( a ) *Basis for claims.* Summer EBT agencies are responsible to ensure that program benefits are provided only to eligible children and in the correct amount in accordance with program regulations in this part. Erroneous issuances include, but are not limited to: ( 1 ) Benefits issued to ineligible children or in the incorrect amount.
( 2 ) Duplicate benefit issuances, including situations where the Summer EBT agency allows an eligible household to access more than one Summer EBT account for the same time period, or an eligible household receives program benefits from more than one State or ITO for the same time period.
( b ) *Claims against Summer EBT agencies.* ( 1 ) USDA may hold Summer EBT agencies liable for erroneous payments. USDA may pursue erroneous claims in the aggregate when merited, based on the nature of the error that gave rise to the over-issuance, the size of the error, and whether such action would advance program purposes.
( 2 ) Summer EBT agencies must develop a process to allow households to submit a claim for benefits that were not issued or issued in the incorrect amount.
( c ) *Claims against households.* ( 1 ) Summer EBT agencies must develop a process to manage cases of erroneous issuances and pursue claims against a household, as appropriate.
( 2 ) Summer EBT agencies have the discretion to determine when to pursue a claim based on cost effectiveness or the individual circumstances. To the maximum extent practicable, Summer EBT agencies should limit claims against households to situations where there is evidence that the household knowingly obtained benefits through fraudulent activities. ( i ) Summer EBT agencies must include in their POM submission a proposed plan for identifying instances of fraudulent activity for use in pursuing claims against households.
( ii ) Procedures described in paragraph (c)(2)(i) of this section must outline steps the Summer EBT agency will take to ensure that Civil Rights provision at § 292.29(a) are upheld.
( 3 ) Summer EBT agencies must not reclaim Summer EBT benefits by reducing a household's SNAP, NAP, or WIC benefit.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary information extracted from the December 31, 1996
10-K and is qualified in it's entirety by reference to such financial
statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                              30
<SECURITIES>                                     33789
<RECEIVABLES>                                     2401
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   356
<PP&E>                                            3481
<DEPRECIATION>                                    3110
<TOTAL-ASSETS>                                   36947
<CURRENT-LIABILITIES>                            25778
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         40
<COMMON>                                           325
<OTHER-SE>                                       10804
<TOTAL-LIABILITY-AND-EQUITY>                     36947
<SALES>                                          28510
<TOTAL-REVENUES>                                 28510
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 27057
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                1096
<INCOME-PRETAX>                                    357
<INCOME-TAX>                                        97
<INCOME-CONTINUING>                                260
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       260
<EPS-PRIMARY>                                      .02
<EPS-DILUTED>                                      .02
        

</TABLE>