alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 18

- 1848

___________ LENNY CAIN,
Appellant

v.

BUREAU OF PRISONS; WARDEN

ALLENWOOD FCI; DHO BITTENBENDER

____________________________________ On Appeal from the United States District Court
for the Middle District of Pennsylvania

(D.C. Civil Action No. 17

- cv

- 00105)
District Judge: Honorable William J. Nealon, Junior

____________________________________

Before: AMBRO, KRAUSE and PORTER, Circuit Judges

SUR PETITION FOR PANEL REHEARING

The petition for panel rehearing filed by Appellant in the above entitled case having

been submitted to the judges who participate d in the decision of this Court, it is hereby

ORDERED that the petition for rehearing by the panel is granted. The Opinion and

Judgment issued January 18, 2019 are hereby vacated. A new Opinion and Judgment will

be filed at a later date. Appellant's Reply was considered by the Court.

By the Court,

s/ Thomas L. Ambro, Circuit Judge

Dated: March 29, 2019

PDB/TMM/cc: Lenny Cain
Melissa A. Swauger, Esq
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

ALBERT JEFFERSON,

Plaintiff, 

vs.

4:03-CV-349-SPM/AK

JAMES WILLIAMS, et al.,

Defendants.

_____________________________/

ORDER ADOPTING MAGISTRATE’S REPORT AND RECOMMENDATION

AND DISMISSING CASE

THIS CAUSE comes before the Court upon the magistrate judge's report

and recommendation (doc. 33) dated July 19, 2005. The parties have been

furnished a copy and have been afforded an opportunity to file objections. 

Plaintiff filed his objections (doc. 35) on July 29, 2005.

Pursuant to Title 28, United States Code, Section 636(b)(1), I have made

a de novo determination of those portions to which an objection has been made. 

It is not clear from Plaintiff’s document whether he means to file a notice of

appeal or merely state objections to the magistrate’s report. To the extent

Plaintiff is attempting to file a notice of appeal, such notice is premature, given

that this Court has not yet ruled on whether to adopt the report and

Case 4:03-cv-00349-SPM-AK Document 36 Filed 08/02/05 Page 1 of 2
Page 2 of 2

recommendation. The “objections” filed by Plaintiff consist mostly of accusations

of bias on the magistrate’s part toward pro se litigants. As noted in the report

and recommendation, however, pro se litigants are held to a lower, more liberal

standard than attorneys when drafting complaints and pleadings (doc. 33 at 2). 

Even so, in reviewing Plaintiff’s complaint, the magistrate correctly found that

Plaintiff has not stated a valid cause of action. 

Accordingly, it is

ORDERED AND ADJUDGED as follows:

1. The magistrate judge's report and recommendation (doc.33) is

adopted and incorporated by reference in this order.

2. The second amended complaint (doc. 15) is dismissed for failure to

state a claim upon which relief can be granted.

DONE AND ORDERED this second day of August, 2005.

 s/ Stephan P. Mickle 

Stephan P. Mickle

United States District Judge

/pao

Case 4:03-cv-00349-SPM-AK Document 36 Filed 08/02/05 Page 2 of 2
3.503 Unreasonable restrictions on

subcontractor sales.

3.503-1 Policy.

3.503-2 Contract clause.

Parent topic: Subpart 3.5 - Other Improper Business Practices
NTSB/HAB-02/16 

E PLURIBUS UNUM

NATIONAL TRA S PORTAT OI N

BOARD

SAFE T Y

N

National Transportation Safety Board 

Washington, D.C. 20594 

Highway Accident Brief

Accident No.: HWY-98-FH-029 

Accident Type: Collision with school bus 

Location: Chappell Hill, Texas 

Date and Time: April 7, 1998; 4:10 p.m. 

Vehicle 1 (V1): 1995 Navistar car carrier 

Vehicle 2 (V2): 1989 International/American Transportation Corporation 

(AmTran) school bus 

Injuries: 2 serious, 33 minor injuries 

Accident Description 

The truckdriver stated that he was traveling east on U.S. Highway 290 about 56 mph 

when he struck a stopped school bus on Nicholson Lake Road. (See figure 1.) The 

truckdriver said that prior to the collision he braked and swerved to the left, but the right 

front of the truck struck the left rear of the school bus. Two students sustained serious 

injuries; 31 students, the busdriver, and the truckdriver sustained minor injuries. Both 

vehicles were destroyed. 

The truckdriver stated that he did not see the school bus because he was late and had 

been looking on his clipboard for a telephone number to call a business. He found the 

telephone number and was placing his clipboard between the seats when he looked up 

and saw that the school bus was stopped. He had been awake for 14 1/2 hours and, except 

for a 45-minute nap, had been on duty for 13 1/4 hours and had been driving for almost 

10 hours. By the time the driver would have completed his shift, he would have been 

awake for 18 hours, on duty for 15 hours, and driving for 12 hours. When asked how he 

felt, the driver stated that he was “physically tired” but believed that he was mentally 

alert. 

State/Federal Oversight 

Texas has adopted most of the Federal Motor Carrier Safety Regulations with some 

variances. Pertinent to this accident are the variances for the hours-of-service and the 

record-keeping regulations. Texas allows intrastate drivers to drive 12 hours a day and 

does not require drivers to keep hours-of-service records. The carrier was rated 

satisfactory in July 1994. 
NTSB/HAB-02/16 

2 

V1

at impact

V2

at impact

V2

at final rest

V1

at final rest

Source: NTSB

(not to scale)

N

Chappell Hill, Texas

Nicholson Lake Road

U.S. Highway 290 East

(eastbound lanes only)

(shoulder)

(shoulder)

Figure 1. Accident diagram. 

Probable Cause 

The National Transportation Safety Board determines that the probable cause of the 

accident was the truckdriver’s inattention to driving. Contributing to the accident may 

have been the truckdriver’s fatigue. 

Adopted: September 17, 2002
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Case 5:20-cv-00214-TKW-MJF Document 54-2 Filed 07/14/22 Page 8 of 8
27.304-2 Contracts placed by or for other Government agencies.       The following procedures apply unless an interagency agreement provides otherwise:                                       (a) 						            When a Government agency requests another Government agency to award a contract on its behalf, the request should explain any special circumstances surrounding the contract and specify the patent rights clause to be used. The clause should be selected and modified, if necessary, in accordance with the policies and procedures of this subpart. If, however, the request states that a clause of the requesting agency is required (*e.g.*, because of statutory requirements, a deviation, or exceptional circumstances), the awarding agency shall use that clause rather than those of this subpart.                                                         (1) 								                If the request states that an agency clause is required and the work to be performed under the contract is not severable and is funded wholly or in part by the requesting agency, then include the requesting agency clause and no other patent rights clause in the contract.                                                            (2) 								                If the request states that an agency clause is required, and the work to be performed under the contract is severable, then the contracting officer shall assure that the requesting agency clause applies only to that severable portion of the work and that the work for the awarding agency is subject to the appropriate patent rights clause.                                                            (3) 								                If the request states that a requesting agency clause is not required in any resulting contract, the awarding agency shall use the appropriate patent rights clause, if any.                                                                             (b) 						            Any action requiring an agency determination, report, or deviation involved in the use of the requesting agency’s clause is the responsibility of the requesting agency unless the agencies agree otherwise. However, the awarding agency may not alter the requesting agency’s clause without prior approval of the requesting agency.                                          (c) 						            The requesting agency may require, and provide instructions regarding, the forwarding or handling of any invention disclosures or other reporting requirements of the specified clauses. Normally, the requesting agency is responsible for the administration of any subject inventions. This responsibility shall be established in advance of awarding any contracts.    **Parent topic:** 27.304 Procedures.
Page Thirty-One





Exhibit 32.1





Statement of Chief Executive Officer Pursuant to 18 U.S.C.§ 1350








In connection with the Quarterly Report of Highlands Bankshares, Inc. (the “Company”) on Form 10-Q for the period ending June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, as the chief executive
officer of the Company, certifies, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 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/ C.E. PorterC.E. PorterChief Executive OfficerAugust 14, 2009
```

[House Document 107-268]
[From the U.S. Government Publishing Office]

107th Congress, 2d Session - - - - - - - - - - - - House Document 107-268

 
   A REPORT CONSISTENT WITH THE WAR POWERS RESOLUTION REGARDING THE 
                        ACTION IN COTE D'IVOIRE

                               __________

                             COMMUNICATION

                                  From

                   THE PRESIDENT OF THE UNITED STATES

                              Transmitting

 A REPORT AS PART OF HIS EFFORTS TO KEEP THE CONGRESS FULLY INFORMED, 
CONSISTENT WITH THE WAR POWERS RESOLUTION REGARDING THE ACTION IN COTE 
                                D'IVOIRE

    September 30, 2002.--Referred to the Committee on International 
                  Relations and ordered to be printed
                                           The White House,
                                    Washington, September 26, 2002.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: On September 19, 2002, a mutiny and 
rebellion took place in the West African country of Cote 
d'Ivoire that threatened American citizens living there. 
Fighting erupted between the mutineers and government forces.
    On September 24, 2002, a standby evacuation force of U.S. 
military personnel from the U.S. European Command was pre-
positioned in Accra, Ghana, to assist with the evacuation of 
U.S. citizens from Cote d'Ivoire and with any other 
contingencies that might emerge. These forces initially 
included approximately 180 soldiers, fixed-wing aircraft, and 
equipment.
    On September 25, 2002, U.S. forces moved into Cote d'Ivoire 
to assist French forces with the evacuation of American 
citizens and third country nationals from Bouake. This included 
children from the International Christian Academy as well as 
Peace Corps Volunteers, faculty, and missionaries. United 
States forces will also assist in the evacuation of other 
American citizens and third country nationals in Cote d'Ivoire, 
should their evacuation become necessary.
    Although U.S. forces are equipped for combat, this movement 
was undertaken solely for the purpose of protecting American 
citizens and property. United States forces will redeploy as 
soon as it is determined that this mission is completed.
    I have taken this action pursuant to my constitutional 
authority to conduct U.S. foreign relations and as Commander in 
Chief and Chief Executive. I am providing this report as part 
of my efforts to keep the Congress informed, consistent with 
the War Powers Resolution.
    I appreciate the support of the Congress in this action in 
Cote d'Ivoire.
            Sincerely,
                                                    George W. Bush.

                                

```
3.101-3 Agency regulations.       (a)                    						            Agencies are required by Executive Order 11222 of May 8,1965, and 5 CFR 735 to prescribe "Standards of Conduct." These agency standards contain-                                                         (1)                          								                Agency-authorized exceptions to 3.101-2; and                                                            (2)                          								                Disciplinary measures for persons violating the standards of conduct.                                                                             (b)                    						            Requirements for employee financial disclosure and restrictions on private employment for former Government employees are in Office of Personnel Management and agency regulations implementing Public Law 95-521, which amended 18 U.S.C.207.    **Parent topic:** 3.101 Standards of conduct.
19.504 Orders under multiple-award

contracts.

(a) General. In accordance with section 1331 of the Small Business Jobs Act of 2010 ( 15 U.S.C.

644(r)(2)), contracting officers may, at their discretion, set aside orders placed under multiple-award

contracts for any of the small business concerns identified in 19.000(a)(3).

(1) The contracting officer shall state in the solicitation and resulting contract whether order setasides will be discretionary or mandatory when the conditions in 19.502-2 are met at the time of

order set-aside, and the specific program eligibility requirements, as applicable, are also then met.

(2) When setting aside an order at or below the simplified acquisition threshold, the contracting

officer may set aside the order for any of the small business concerns identified in 19.000(a)(3).

(3) When setting aside an order above the simplified acquisition threshold, the contracting officer

shall first consider setting aside the order for the small business socioeconomic contracting

programs (i.e., 8(a), HUBZone, service-disabled veteran-owned small business, and women-owned

small business) before considering a small business set-aside.

(4) The contracting officer shall comply with the specific program eligibility requirements identified

in this part in addition to the ordering procedures for a multiple-award contract (for orders placed

under the Federal Supply Schedules Program, see 8.405-5; for orders placed under all other

multiple-award contracts, see 16.505).

(b) Orders under set-aside contracts—

(1) Orders under total set-aside contracts. Under a total small business set-aside, contracting

officers may at their discretion set aside orders for any of the small business socioeconomic

concerns identified in 19.000(a)(3) provided that the requirements at paragraph (a) of this section,

19.502-2(b), and the specific program eligibility requirements are met.

(2) Orders under partial set-aside contracts.

(i) Only small business concerns awarded contracts for the portion(s) that were set aside under the

solicitation for the multiple-award contract may compete for orders issued under those portion(s).

(ii) Small business awardees may compete against other than small business awardees for an order

issued under the portion of the multiple-award contract that was not set aside, if the small business

received a contract award for the non-set-aside portion.

(c) Orders under reserves.

(1) The contracting officer may—

(i) Set aside orders for any of the small business concerns identified in 19.000(a)(3) when there are

two or more contract awards for that type of small business concern; or

(ii) Issue orders directly to one small business concern for work that it can perform when there is
only one contract award to any one type of small business concern identified in 19.000(a)(3).

(2) Small business awardees may compete against other than small business awardees for an order

that is not set aside if the small business received a contract award for the supplies or services being

ordered.

Parent topic: Subpart 19.5 - Small Business Total Set-Asides, Partial Set-Asides, and Reserves
52.216-32 Task-Order and Delivery-Order

Ombudsman.

As prescribed in 16.506(j), insert the following clause:

Task-Order and Delivery-Order Ombudsman (Sept 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and

delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the

Contractor concerning all task-order and delivery-order actions for this contract and ensure the

Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the

procedures in the contract. _____________ [Contracting Officer to insert name, address, telephone

number, and email address for the Agency Ombudsman or provide the URL address where this

information may be found.]

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g.,

protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints

with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may

keep the identity of the concerned party or entity confidential, unless prohibited by law or agency

procedure.

(End of clause)

Alternate I (Sept 2019). As prescribed in 16.506 (j), add the following paragraph (d) to the basic

clause.

(d) Contracts used by multiple agencies.

(1) This is a contract that is used by multiple agencies. Complaints from Contractors concerning

orders placed under contracts used by multiple agencies are primarily reviewed by the task-order

and delivery-order Ombudsman for the ordering activity.

(2) The ordering activity has designated the following task-order and delivery-order Ombudsman for

this order: ____________ [The ordering activity's contracting officer to insert the name, address,

telephone number, and email address for the ordering activity's Ombudsman or provide the URL

address where this information may be found.]

(3) Before consulting with the task-order and delivery-order Ombudsman for the ordering activity,

the Contractor is encouraged to first address complaints with the ordering activity's Contracting

Officer for resolution. When requested by the Contractor, the task-order and delivery-order

Ombudsman for the ordering activity may keep the identity of the concerned party or entity

confidential, unless prohibited by law or agency procedure.

Parent topic: 52.216 [Reserved]
#### § 58.154 Refrigerated storage.

Finished product in containers subject to such conditions that will affect its useability shall be placed on shelves, dunnage or pallets and properly identified. It shall be stored under temperatures that will best maintain the initial quality. The product shall not be exposed to anything from which it might absorb any foreign odors or be contaminated by drippage or condensation.
II 

109TH CONGRESS 

2D SESSION S. 2639 

To suspend temporarily the duty on o-Anisidine. 

IN THE SENATE OF THE UNITED STATES 

APRIL 25, 2006 

Mr. FRIST (for himself and Mr. ALEXANDER) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on o-Anisidine. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. O-ANISIDINE. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.29.21 o-Anisidine (CAS No. 90– 

04–0) (provided for in subheading 2922.22.10) ............ Free No change No change On or before 

12/31/2009 ’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 


hmoore on PROD1PC68 with HMBILLS
2 

•S 2639 IS

1 warehouse for consumption, on or after the 15th day after 

2 the date of enactment of this Act. 

Æ 


hmoore on PROD1PC68 with HMBILLS
II 

109TH CONGRESS 

2D SESSION S. 2476 

To suspend temporarily the duty on N-Cyclohexylthiophthalimide. 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2006 

Mr. DEWINE (for himself and Mr. VOINOVICH) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on NCyclohexylthiophthalimide. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. N-CYCLOHEXYLTHIOPHTHALIMIDE. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.09.01 N-Cyclohexylthiophthalimide 

(CAS No. 17796–82–6) 

(provided for in subheading 

2930.90.24) ......................... Free No change No change On or before 

12/31/2009 ’’. 


sroberts on PROD1PC70 with BILLS
2 

•S 2476 IS 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


sroberts on PROD1PC70 with BILLS
§ 4284.904 Exception authority. Except as specified in paragraphs (a) and (b) of this section, the Administrator may make exceptions to any requirement or provision of this subpart, if such exception is necessary to implement the intent of the authorizing statute in a time of national emergency or in accordance with a Presidentially-declared disaster, or, on a case-by-case basis, when such an exception is in the best financial interests of the Federal Government and is otherwise not in conflict with applicable laws. ( a ) *Applicant eligibility.* No exception to Applicant eligibility can be made.
( b ) *Project eligibility.* No exception to project eligibility can be made.