alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

KEVIN EUGENE WALKER,

Plaintiff,

v. Case No. 3:20-cv-5959-LC/MJF

KILOLO KIJAKAZI,

Defendant.

/

ORDER

This cause comes on for consideration upon the magistrate judge’s Report and 

Recommendation dated November 18, 2022. (ECF No. 22). The parties have been 

furnished a copy of the Report and Recommendation and have been afforded an 

opportunity to file objections pursuant to Title 28, United States Code, Section 

636(b)(1). No objections have been filed.

Having considered the Report and Recommendation, and any timely filed 

objections thereto, I have determined that the Report and Recommendation should 

be adopted.

Accordingly, it is now ORDERED as follows:

1. Plaintiff’s unopposed motion for attorney’s fees and costs, (ECF 

No. 19), is GRANTED.

2. Plaintiff shall recover costs in the amount of $400.00, and attorney’s

fees in the amount of $6,218.39 for time expended by his counsel in representing 

Case 3:20-cv-05959-LC-MJF Document 23 Filed 12/22/22 Page 1 of 2
Page 2 of 2

3:20-cv-5959-LC/MJF

him before the United States District Court for the Northern District of Florida, 

pursuant to 28 U.S.C. § 2412. The fee award is subject to an offset to satisfy any 

qualifying outstanding debt that Plaintiff may owe to the United States.

3. If Plaintiff receives all or any portion of the EAJA fee award, it must 

be mailed to him in care of his attorney, Ian MacLaren, III, 1013 Airport Blvd., 

Pensacola, Florida 32504.

DONE AND ORDERED this 22nd day of December, 2022.

LACEY A. COLLIER

SENIOR UNITED STATES DISTRICT JUDGE

s/L.A. Collier 

Case 3:20-cv-05959-LC-MJF Document 23 Filed 12/22/22 Page 2 of 2
32.502-3 Solicitation provisions.

(a) The contracting officer shall insert the provision at 52.232-13, Notice of Progress Payments, in

invitations for bids and requests for proposals that include a Progress Payments clause.

(b)

(1) Under the authority of the statutes cited in 32.101, an invitation for bids may restrict the

availability of progress payments to small business concerns only.

(2) The contracting officer shall insert the provision at 52.232-14, Notice of Availability of Progress

Payments Exclusively for Small Business Concerns, in invitations for bids if it is anticipated that-

(i) Both small business concerns and others may submit bids in response to the same invitation; and

(ii) Only the small business bidders would need progress payments.

(c) The contracting officer shall insert the provision at 52.232-15, Progress Payments Not Included,

in invitations for bids if the solicitation will not contain one of the provisions prescribed in

paragraphs (a) and (b) of this section.

Parent topic: 32.502 Preaward matters.
#### The People of the State of New York, Respondent, v Joseph Mack, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 9, 1979, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence. Case remitted to Criminal Term to hear and report on defendant’s motion to withdraw his plea, at which hearing new counsel shall be appointed to represent defendant, and appeal held in abeyance in the interim (see *People v Rozzell,*20 NY2d 712; *People v Bowers,*45 AD2d 241; *People v Williams,*55 AD2d 923). Criminal Term shall file its report with all convenient speed. Hopkins, J. P., Damiani, Titone and Mangano, JJ., concur.
##### 



Exhibit 31.1
 Certification of Chief Executive Officer
of Periodic Report Pursuant to Rule 13a-14(a) and Rule 15d-14(a)
  1.
    
    I have reviewed this annual report on Form 10-K of Highland Distressed Opportunities, Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact or
omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in this
report, fairly present in all material respects the financial condition, results of operations
and cash flows of the registrant as of, and for, the periods presented in this report;4.
    
    The registrants other certifying officer and I are responsible for establishing and maintaining
disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and
have:
 a)
    
    Designed such disclosure controls and
procedures, or caused such disclosure
controls and procedures to be designed under
our supervision, to ensure that material
information relating to the registrant,
including its consolidated subsidiaries, is
made known to us by others within those
entities, particularly during the period in
which this report is being prepared;b)
    
    Not applicable;c)
    
    Evaluated the effectiveness of the
registrants disclosure controls and
procedures and presented in this report our
conclusions about the effectiveness of the
disclosure controls and procedures, as of the
end of the period covered by this report
based on such evaluation; andd)
    
    Disclosed in this report any change in the
registrants internal control over financial
reporting that occurred during the
registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the
case of an annual report) that has materially
affected, or is reasonably likely to
materially affect, the registrants internal
control over financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
 a)
    
    All significant deficiencies and material
weaknesses in the design or operation of
internal control over financial reporting
which are reasonably likely to adversely
affect the registrants ability to record,
process, summarize and report financial
information; andb)
    
    Any fraud, whether or not material, that
involves management or other employees who
have a significant role in the registrants
internal control over financial reporting.
  By:
    
    /s/ James D. DonderoJames D. DonderoPresident (Principal Executive Officer)
23.205 Energy-savings performance	contracts.       (a) 						            Agencies should make maximum use	of the authority provided in the National Energy Conservation Policy	Act (42 U.S.C. 8287) to	use an energy-savings performance contract (ESPC), when life-cycle	cost-effective, to reduce energy use and cost in the agency’s facilities	and operations.                                          (b)                                                         (1) 								                Under	an ESPC, an agency can contract with an energy service company for	a period not to exceed 25 years to improve energy efficiency in	one or more agency facilities at no direct capital cost to the United	States Treasury. The energy service company finances the capital	costs of implementing energy conservation measures and receives, in	return, a contractually determined share of the cost savings that	result.                                                            (2) 								                Except	as provided in 10 CFR436.34, ESPC’s are subject to subpart  17.1.                                                                             (c) 						            To solicit	and award an ESPC, the contracting officer-                                                         (1) 								                Must use the	procedures, selection method, and terms and conditions provided	in 10 CFR Part 436, Subpart B; and                                                            (2) 								                May use	the "Qualified List" of energy service companies established by	the Department of Energy and other agencies.                                                                             (d) 						            For more	information see https://energy.gov/eere/femp/energy-savings-performance-contracts-federal-agencies.    **Parent topic:** Subpart 23.2 - Energy and Water Efficiency and Renewable Energy
§ 56.77 Health and hygiene of personnel. ( a ) No person known to be affected by a communicable or infectious disease shall be permitted to come in contact with the product.
( b ) Plant personnel coming into contact with the product shall wear clean clothing.
[32 FR 8232, June 8, 1967. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981]
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2657 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 2657

           To extend the Iran and Libya Sanctions Act of 1996

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2006

Mr. Santorum (for himself and Mr. Bayh) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL

 
           To extend the Iran and Libya Sanctions Act of 1996

    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 ``Iran Sanctions Extension Act of 
2006''.

SEC. 2. EXTENSION OF AUTHORITIES REGARDING SANCTIONS ON IRAN.

    Section 13(b) of the Iran and Libya Sanctions Act of 1996 (Public 
Law 104-172; 50 U.S.C. 1701 note) is amended by striking ``10 years'' 
and inserting ``15 years''.
                                 <all>
```
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.       As prescribed in 23.406(b), insert the following clause:          Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sept 2013)                                       (a) 						            In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless-                                                         (1) 								                The product cannot be acquired-                                                                           (i) 										                    Competitively within a time frame providing for compliance with the contract performance schedule;                                                                              (ii) 										                    Meeting contract performance requirements; or                                                                              (iii) 										                    At a reasonable price.                                                                                                           (2) 								                The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:                                                                           (i) 										                    Spacecraft system and launch support equipment.                                                                              (ii) 										                    Military equipment, *i.e*., a product or system designed or procured for combat or combat-related missions.                                                                                                                            (b) 						            Information about this requirement and these products is available at http://www.biopreferred.gov.                                          (c) 						            In the performance of this contract, the Contractor shall-                                                         (1) 								                Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and                                                            (2) 								                Submit this report no later than-                                                                           (i) 										                    October 31 of each year during contract performance; and                                                                              (ii) 										                    At the end of contract performance.                                                                                                                   (End of clause)    **Parent topic:** 52.223 [Reserved]
#### Fletcher v. The State.

Appeal from Covington Circuit Court.

Tried before the Hon. J. W. Foster.

B. H. Lewis and John E>. Burnett, for appellant.

William C. Fitts, Attorney-General, for the State.

■ The appellant in this case was indicted and tried for selling vinous, spirituous and malt liquors without a license and contrary to law. He pleaded guilty, and in taxing up the costs in the case the clerk entered an item of thirty dollars as a solicitor’s fee. The defendant then moved the eourt to retax the costs, inasmuch as the item of thirty dollars as solicitor’s fee was illegal and excessive, and should have been taxed at seven dollars and fifty cents. This motion was overruled, and on this appeal the overruling of the motion to retax the cost is the only question presented. The judgment of the lower court is reversed, and judgment is here rendered granting the motion.

Opinion

Per Curiam.
28.102 Performance and payment bonds and

alternative payment protections for

construction contracts.

28.102-1 General.

28.102-2 Amount required.

28.102-3 Contract clauses.

Parent topic: Subpart 28.1 - Bonds and Other Financial Protections
#### § 51.638 Discoloration.

*Discoloration* means russeting of light shade of golden brown caused by rust mite or other means. Lighter shades of discoloration caused by smooth or fairly smooth, superficial scars or other means may be allowed on a greater area, or darker shades may be allowed on a lesser area, provided no discoloration caused by speck type melanose or other means may detract from the appearance of the fruit to a greater extent than the shade and amount of discoloration allowed in the grade.
#### In the Matter of Anthony Dattolo, Petitioner, v. Charles Buckman, as Director of Kings Park State Hospital, Respondent.

In a proceeding pursuant to article 78 of the CPLR to annul respondent’s determination, dated June 30, 1969, which demoted petitioner from his position of Staff Attendant to that of Attendant, in the employ of Kings Park State Hospital, determination confirmed and proceeding dismissed on the merits, without costs. In our opinion, the determination is supported by substantial evidence *(Matter of Stork*Best. v. *Boland,*282 N. Y. 256; *Matter of Miller*v. *Kling,*291 N. Y. 65). Nor is the measure of discipline imposed too severe in the circumstances (cf. *Matter of Corgel*v. *Loos,*286 App. Div. 583; *Bergman*v. *O’Neill,*N. Y. L. J., Apr, 26,1968, p. 17, col. 5). Christ, P. J., Rabin, Hopkins, Munder and Benjamin, JJ., concur.
Case 4:20-cv-00514-MW-MAF Document 15-3 Filed 03/10/21 Page 1 of 2
Case 4:20-cv-00514-MW-MAF Document 15-3 Filed 03/10/21 Page 2 of 2
#### § 54.1025 Appeal reports.

After appeal service has been performed for any piece of equipment, portion of a piece of equipment or utensils, an official report shall be prepared, signed, and issued referring specifically to the original report and stating the determination of the re-evaluation of compliance of the piece of equipment, portion of a piece of equipment or utensil.
## In the 

# United States Court of Appeals For the Seventh Circuit

____________ No. 01-3259 U NITED S TATES OF A MERICA , Plaintiff-Appellee ,
v.

R OBERT E. M ERRIWEATHER , Defendant-Appellant.

____________ Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. No. 98 CR 182— Rudy Lozano , Judge.

____________ S UBMITTED M AY 28, 2002—D ECIDED J UNE 27, 2002

____________

Before B AUER , P OSNER and W ILLIAMS , Circuit Judges

. B AUER , Circuit Judge . The appellant, Robert Merriweather, appeals his conviction upon guilty plea to possession with intent to distribute crack cocaine in violation of 21 U.S.C. § 841(a)(1). Merriweather argues that the district court abused its discretion in re fusing to allow him to withdraw his guilty plea before accepting it. The government appropriately confesses error on appeal. Accordingly, we R EVERSE Merriweather’s conviction and R EMAND for further proceedings.2 No. 01-3259 Background On October 20, 1998, a federal grand jury returned a one count indictment charging Merriweather with possession with intent to distribute a de tectable quantity of crack cocaine. Following a denial of his motion to suppress evidence, Merriweather entered a guilty plea. The district court reserved accepting the plea until the pre-sentence report was prepared.

Merriweather subsequently mo ved to withdraw his guiltyplea. The district court denied that motion and then accepted the plea. A judgment of conviction was entered and Merriweather was sentenced to 324 months.

Discussion We review the district cour t’s denial of Merriweather’s motion to withdraw his guilty plea for an abuse discretion. United States v. LeDonne , 21 F.3d 1418, 1423 (7th Cir.1994). The district court by definition abused its discretion if it made an error of law. United States v. PalominoRivera , 258 F.3d 656, 658 (7th Cir. 2001). In United States v. Shaker , this Court reversed the district court’s denial of the appellant’s motion to withdraw his guilty plea, holding that where a plea has not yet been accepted by the court, the defendant is entitled to withdraw his plea freely and without inquiry. 279 F.3d 494,497-98 (7th Cir. 2002). Because this case is indistinguishable from Shaker (as the government concedes), that decision mandates reversal here. Merriweather is entitled to withdraw his guilty plea.

We need not reach any additional arguments advanced by Merriweather in support of his claim that he should be allowed to withdraw his plea.No. 01-3259 3
Conclusion The appellant’s conviction is R EVERSED and the case R EMANDED to permit the withdrawal of his guilty plea. A true Copy: Teste:

________________________________ Clerk of the United States Court of

Appeals for the Seventh Circuit

USCA-97-C-006—6-27-02
#### Hawthorne v. The State.

Appeal from Tallapoosa County Court.

Tried before tlie Hon. R. A. J. Cumbee.

John Terrell, for appellant.

William C. Fitts, Attorney-General, for the State.

The appellant was tried and convicted for allowing his stock to run at large in a prohibited district. The judgment of conviction is affirmed on the authority of *Hawthorne v. State, ante,*p.487.

Opinion by

Brickell, C. J.
#### § 58.432 Catalase.

The catalase preparation shall be a stable, buffered solution, neutral in pH, having a potency of not less than 100 Keil units per milliliter. The source of the catalase, its application and usage shall be as specified in the “Definitions and Standards of Identity for Cheese and Cheese Products,” Food and Drug Administration.
9.110-4 Procedures.

If the Secretary of Defense determines, pursuant to the procedures at 32 CFR part 216, that an

institution of higher education is ineligible to receive funds from a covered agency because of a

policy or practice described in 9.110-3—

(a)The Secretary of Defense will create an active exclusion record for the institution in the System

for Award Management; and

(b)A covered agency shall not solicit offers from, award contracts to, or consent to subcontracts with

the institution. The prohibition in this paragraph (b) does not apply to acquisitions at or below the

simplified acquisition threshold or to acquisitions of commercial products and commercial services,

including commercially available off-the-shelf items.

Parent topic: 9.110 Reserve Officer Training Corps and military recruiting on campus.
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UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

ANTHONY SHELTON GRAVES,

Plaintiff,

vs. Case No.: 3:20cv5919/MCR/EMT

A. MOLINA

and S. SIMPSON,

Defendants.

__________________________/

ORDER

The chief magistrate judge issued a Report and Recommendation on March 

14, 2022 (ECF No. 35). The court furnished plaintiff with a copy of the Report and 

Recommendation and afforded him an opportunity to file objections pursuant to 

Title 28, United States Code, Section 636(b)(1). There have been no timely filed 

objections.

Having considered the Report and Recommendation, and any timely filed 

objections thereto, I have determined the Report and Recommendation should be 

adopted.

Accordingly, it is now ORDERED as follows:

1. The chief magistrate judge’s Report and Recommendation (ECF No. 

35) is adopted and incorporated by reference in this order.

Case 3:20-cv-05919-MCR-EMT Document 36 Filed 05/06/22 Page 1 of 2
Page 2 of 2

Case No. 3:20cv5919/MCR/EMT

2. This case is DISMISSED without prejudice for Plaintiff’s failure to 

comply with an order of the court.

3. The clerk is directed to enter judgment accordingly and close the case.

DONE AND ORDERED this 6th day of May 2022.

M. Casey Rodgers

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE

Case 3:20-cv-05919-MCR-EMT Document 36 Filed 05/06/22 Page 2 of 2