alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 40405 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
RAMON MENDEZ

- MENDOZA , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14

- CR

- 987

- 1

Before REAVLEY, ELROD, and HAYNES, Circuit Judges. PER CURIAM: *
The Federal Public Defender appointed to represent Ramon Mendez

Mendoza has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Mendez

- Mendoza has filed a resp onse. We have reviewed counsel’s brief and the relevant portions of the record reflected
therein , as well as Mendez

- Mendoza ’ s response . We concur with counsel’s

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 20 , 2016 Lyle W. Cayce Clerk Case: 15-40405 Document: 00513472927 Page: 1 Date Filed: 04/20/2016No. 15

- 40405

2 assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingl y, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 15-40405 Document: 00513472927 Page: 2 Date Filed: 04/20/2016
52.204-1 Approval of Contract.

As prescribed in 4.103 , insert the following clause:

Approval of Contract (Dec 1989)

This contract is subject to the written approval of [identify title of designated agency official here]

and shall not be binding until so approved.

(End of clause)

Parent topic: 52.204 [Reserved]
47.206 Preparation of solicitations and contracts.       (a) 						            Contracting officers shall prepare solicitations and contracts for transportation or for transportation-related services as prescribed elsewhere in the FAR for fixed-price service contracts to the extent that those requirements are applicable and not inconsistent with the requirements in subpart  47.2.                                          (b) 						            In addition, the contracting officer shall include in solicitations and contracts for transportation or for transportation-related services provisions, clauses, and instructions as prescribed in section 47.207.    **Parent topic:** Subpart 47.2 - Contracts for Transportation or for Transportation-Related Services
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 7
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
STATEMENTS OF FINANCIAL POSITION AND THE STATEMENTS OF OPERATIONS AND UNASSIGNED
DEFICIT AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<DEBT-HELD-FOR-SALE>                     1,344,739,163
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                 119,441,836
<MORTGAGE>                                 468,216,695
<REAL-ESTATE>                               24,730,361
<TOTAL-INVEST>                           1,957,128,055
<CASH>                                     281,581,260
<RECOVER-REINSURE>                           1,037,182
<DEFERRED-ACQUISITION>                               0
<TOTAL-ASSETS>                          11,116,623,628
<POLICY-LOSSES>                          2,061,443,314
<UNEARNED-PREMIUMS>                                  0
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                       29,352,266
<NOTES-PAYABLE>                                      0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     2,500,000
<OTHER-SE>                                 408,995,459
<TOTAL-LIABILITY-AND-EQUITY>            11,116,623,628
<PREMIUMS>                                 486,991,964
<INVESTMENT-INCOME>                         82,987,966
<INVESTMENT-GAINS>                             467,016
<OTHER-INCOME>                             242,545,366
<BENEFITS>                                 612,133,949
<UNDERWRITING-AMORTIZATION>                          0
<UNDERWRITING-OTHER>                                 0
<INCOME-PRETAX>                             33,690,598
<INCOME-TAX>                                16,884,541
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                16,806,057
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0


</TABLE>
#### § 51.1441 Piece.

*Piece* means a portion of a kernel which is less than three-fourths of a half-kernel, but which will not pass through a round opening four sixty-fourths (4/64) of an inch in diameter.
#### Steele, Guardian *v.*Donehoo, Admr.

*Proceedings in Probate Court for the Final Settlement of an Administration.*

1. *Decree of probate court in settlement of an*administration; *when will not support an appeal.*— Where a probate court has acquired jurisdiction of the final settlement of the administration of an estate, and upon its being made to appear that the administrator had filed a bill to remove the administration and settlement into the chancery court, a decree or order by the pz-obate court that further consideration of the cause will be suspended to await the action of the chancery court, is not such a final decree or order as will support an appeal.

Appeal from the Probate Court of Blount.

Tried before the Hon. T. H. Davidson.

The facts of the case are sufficiently stated in the opinion.

Emery C. Hall and Robinett *&*Allgood, for appellants.

Inzer & Ward and W. F. Dioicinson, *contra.*

HEAD, J.

The probate court of Blount county, after acquiring jurisdiction of the final settlement of F, G, *567Donehoo’s administration of the estate of S. H. C. Johnson, deceased, upon the suggestion of the administrator, in the form of a written plea, that he had filed a bill in the chancery court to remove the administration and settlement into that court, declined to proceed further with the settlement, and made an order “that the further consideration of this cause be suspended to await the action of the chancery court.” This appeal is from that order.

It is not a matter of- doubt that the order appealed from is not a final order, judgment or decree which will support an appeal. When a court wrongfully refuses-to exercise its jurisdiction of a given matter, it will be compelled thereto by *mandamus,*and an appeal does not lie from the *refusal.*— Ex *parte Jones,*1 Ala. 15; *Brennan v. Harris,*20 Ala. 185; *Shadden v. Sterling’s Admr.,*23 Ala. 518; *Phillips v. Peteet,*35 Ala. 696; *Leslie v. Tucker,*57 Ala. 483; *Ex parte Dickson,*64 Ala. 188; Ex *parte Ala. Bar Association,*92 Ala. 113.

We are without jurisdiction of the appeal, and it must be dismissed,- without any discussion of the propriety of the probate judge’s action in suspending the settlement.

Appeal dismissed.
AO 440 (Rev. 06i12) Summons in a Civil Action 

UNITED STATES DISTRICT COURT 

for the 

Northern District of Florida 

DAVID POSCHMANN, 

Plaintiff(s) 

V. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 

RVC OUTDOOR DESTINATION RESORTS, LP, 

Defendant(v) 

SUMMONS IN A CIVIL ACTION 

To. (.D 1- d t' d dd ) RVC OUTDOOR DESTINATION RESORTS, LP . e en an s name an a ress A d C t G I p rt · n rew a es, enera a ner 

429 N. Main Street 

Memphis, TN 38103 

A lawsuit has been filed against you. 

Within 21 days after service of this summons on you (not counting the day you received it)-or 60 days if you 

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. 

P. 12 (a)

(2) or (3)-you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,

whose name and address are: Drew M. Levitt, Esq.flee D. Sarkin, Esq. 

4700 NW Boca Raton Blvd., #302 

Boca Raton, Fl. 33431 

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. 

You also must file your answer or motion with the court. 

CLERK OF COURT 

Date: 

Signature of Clerk or Deput)I Clerk 

3:20cv5896-MCR/EMT

10/21/2020 /s/ Sylvia Williams, Deputy Clerk

Case 3:20-cv-05896-MCR-EMT Document 2 Filed 10/21/20 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

u I personally served the summons on the individual at (place)

on (date) ; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) , who is

 designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

u I returned the summons unexecuted because ; or

u Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

Case 3:20-cv-05896-MCR-EMT Document 2 Filed 10/21/20 Page 2 of 2
#### § 58.233 Skim milk.

The skim milk shall be separated from whole milk meeting the requirements as outlined in §§ 58.132 through 58.138, and unless processed immediately, it shall be cooled to and maintained at a temperature of 45 °F. or lower from the time of separating until the time of processing.
# L_2013309EN.01001501.xml

| 19.11.2013 | EN | Official Journal of the European Union | L 309/15 |
| --- | --- | --- | --- |

19.11.2013

EN

Official Journal of the European Union

L 309/15

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1164/2013

of 7 November 2013

entering a name in the register of protected designations of origin and protected geographical indications [Waterford Blaa/Blaa (PGI)]

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

| (1) | Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Ireland’s application to register the name ‘Waterford Blaa’/‘Blaa’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Ireland’s application to register the name ‘Waterford Blaa’/‘Blaa’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Waterford Blaa’/‘Blaa’ should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Waterford Blaa’/‘Blaa’ should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 November 2013.

For the Commission, On behalf of the President,

Dacian CIOLOȘ

Member of the Commission

---

(1)  
  OJ L 343, 14.12.2012, p. 1.

1

(2)  
  OJ C 134, 14.5.2013, p. 49.

2

---

ANNEX

Agricultural products and foodstuffs listed in Annex I(I) to Regulation (EU) No 1151/2012:

Class 2.4.   Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

IRELAND

Waterford Blaa/Blaa (PGI)

---
Case 4:99-cv-00474-WS Document 55 Filed 03/14/01 Page 1 of 3
Case 4:99-cv-00474-WS Document 55 Filed 03/14/01 Page 2 of 3
Case 4:99-cv-00474-WS Document 55 Filed 03/14/01 Page 3 of 3
Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

NELSON RIVERA,

D.O.C. # X73975,

 Plaintiff,

v. 4:20cv532–WS/MAF

JENNIFER KYER, RN,

EDWARD HAND, HA, 

VALERI HOUCK, PA, and

ALEXIS ACOSTA-MARTINEZ, MD,

 Defendants.

 

ORDER DENYING PETITIONER'S § 2254 PETITION

Before the court is the magistrate judge's second report and recommendation

(ECF No. 48) docketed February 13, 2023. The magistrate judge recommends that

the petitioner's § 2254 petition for writ of habeas corpus be denied. The petitioner

has filed no objections to the report and recommendation.

Having reviewed the matter, the undersigned has determined that the report

and recommendation should be adopted.

Accordingly, it is ORDERED:

Case 4:20-cv-00532-WS-MAF Document 49 Filed 03/14/23 Page 1 of 2
Page 2 of 2

1. The magistrate judge’s second report and recommendation (ECF No. 48)

is ADOPTED and incorporated by reference into this order of the court. 

2. Petitioner’s motion for summary judgment (ECF No. 39) is DENIED.

3. Defendants’ motion for summary judgment (ECF No. 37) is GRANTED.

4. Petitioner’s §2254 petition for writ of habeas corpus (ECF No. 1) is

DENIED.

5. The clerk is directed to enter judgment stating: “Nelson Rivera’s petition

for writ of habeas corpus is denied.”

6. The clerk shall close the case.

DONE AND ORDERED this 14th day of March , 2023.

s/ William Stafford 

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE

Case No. 4:15cv567-WS

Case 4:20-cv-00532-WS-MAF Document 49 Filed 03/14/23 Page 2 of 2
# C_2014344EN.01001801.xml

| 2.10.2014 | EN | Official Journal of the European Union | C 344/18 |
| --- | --- | --- | --- |

2.10.2014

EN

Official Journal of the European Union

C 344/18

---

Corrigendum to the Statement of revenue and expenditure of the Innovation and Networks Executive Agency for the financial year 2013 — amending budget No 2

(
  Official Journal of the European Union C 58 of 28 February 2014
  )

Official Journal of the European Union C 58 of 28 February 2014

2014/C 344/11

On the cover page and page 33:

for:

for:

‘Statement of revenue and expenditure of the Innovation and Networks Executive Agency for the financial year 2013 — amending budget No 2’,

read:

read:

‘Statement of revenue and expenditure of the Trans-European Transport Network Executive Agency for the financial year 2013 — amending budget No 2’;

on page 35, Title 3 and Grand total of the expenditure shall read as follows:

| ‘Title Chapter | Heading | Appropriations 2013 | Amending budget
  No 2 | New amount |
| --- | --- | --- | --- | --- |
| 3 | TECHNICAL AND ADMINISTRATIVE SUPPORT EXPENDITURES | | | |
| 3 1 | MEETINGS OF EXPERTS, CONFERENCES AND SEMINARS | 1 500 | | 1 500 |
| 3 2 | INFORMATION AND PUBLICATIONS | 101 200 | | 101 200 |
| 3 3 | OTHER TECHNICAL EXPENSES AND OF ADMINISTRATIVE SUPPORT | 427 300 | | 427 300 |
| | Title 3 — Total | 530 000 | | 530 000 |
| | GRAND TOTAL | 9 805 000 | | 9 805 000’ |

‘Title Chapter

Heading

Appropriations 2013

Amending budget

No 2

New amount

3

TECHNICAL AND ADMINISTRATIVE SUPPORT EXPENDITURES

3 1

MEETINGS OF EXPERTS, CONFERENCES AND SEMINARS

1 500

1 500

3 2

INFORMATION AND PUBLICATIONS

101 200

101 200

3 3

OTHER TECHNICAL EXPENSES AND OF ADMINISTRATIVE SUPPORT

427 300

427 300

Title 3 — Total

530 000

530 000

GRAND TOTAL

9 805 000

9 805 000’

---
#### § 51.1174 Diameter.

*Diameter* means the greatest dimension measured at right angles to a line from stem to blossom end.
# 52.204-11 [Reserved]

**Parent topic:**52.204 [Reserved]
CERTIFICATION
OF CHIEF FINANCIAL OFFICER
 PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  In
connection with the Annual Report of BioFuel Energy, Corp. (the “Corporation”)
on Form 10-K for the annual period ended December 31, 2009 as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I,
Kelly G. Maguire, Vice President, Finance and Chief Financial Officer of the
Corporation, certify to my knowledge, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), 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
      Corporation.
  March
      30, 2010
              /s/ Kelly MaguireKelly
      G. Maguire
                Vice
      President - Finance and
                Chief
      Financial Officer
52.219-13 Notice of Set-Aside of Orders.       As prescribed in 19.507(f)(1), insert the following clause:          Notice of Set-Aside of Orders (Mar 2020)                                       (a) 						            The Contracting Officer may set aside orders for the small business concerns identified in 19.000(a)(3).                                          (b) 						            The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).                                 (End of clause)          *Alternate I*                (Mar 2020) . As prescribed in 19.507(f)(2), substitute the following paragraph (a) for paragraph (a) of the basic clause:             (a) The Contracting Officer will set aside orders for the small business concerns identified in 19.000(a)(3) when the conditions of FAR 19.502-2 and the specific program eligibility requirements are met, as applicable.    **Parent topic:** 52.219 [Reserved]
52.212-2           Evaluation—Commercial Products and Commercial Services.       As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:          Evaluation—Commercial Products and Commercial Services (Nov 2021)                                       (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:                ________________________________________________ ________________________________________________ ________________________________________________[*Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.*]                Technical and past performance, when combined, are __________ [*Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.*]                                          (b)                   *Options*. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).                                          (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.                                 (End of provision)    **Parent topic:** 52.212 [Reserved]
- 1 - 

Alexander Van der Bellen 

Managing Director and 

Associate General Counsel 

Delta Air Lines, Inc. 

1212 New York Avenue NW 

Washington, DC 20005 

202.842.4184 

sascha.vanderbellen@delta.com 

January 4, 2011 

via email and regulations.gov 

Esta Rosenberg 

Chief, U.S. Air Carrier Licensing Division 

Department of Transportation 

1200 New Jersey Ave, SE 

Washington, DC 20590 

Re: Joint Application of Aeromexico, Delta, and SkyWest for 

 an Exemption and Statements of Authorization 

 (U.S.-Mexico Codesharing) 

 Docket DOT-OST-2010-0300 

 

Dear Ms. Rosenberg: 

This letter is to confirm that the Joint Applicants have polled all carriers on the service list to the 

above referenced application and there are no objections. In these circumstances, the Joint 

Applicants urge that the application be granted as soon as possible. 

 

 

Respectfully submitted, 

Alexander Van der Bellen 

cc: Brian Hedberg, DOT 

 Bill Evans 

 Gerry Murphy 

info@airlineinfo.com
§ 58.809 Pasteurization. ( a ) All fluid whey used in the manufacture of dry whey, dry whey products, modified whey products, and lactose shall be pasteurized prior to condensing. When the condensing and drying operations for dry whey take place at the same plant, the pasteurization may be located at a different point in the operation provided it will protect the quality of the finished product and not adversely affect the processing procedure.
( b ) Pasteurized products transported to another plant for final processing shall be repasteurized, except that condensed whey containing 40 percent or more solids may be transported to another plant for further processing into dry whey, dry whey products or lactose without repasteurization.
( c ) If whey is transferred to another plant for further processing, or if during the processing procedure unpasteurized ingredients are added (except those necessary for lactose crystallization), or processing procedures permit contamination or bacterial growth, the whey shall be repasteurized as close to the final drying operations as possible.
#### § 58.142 Product quality and stability.

The receiving, holding and processing of milk and cream and the manufacturing, handling, packaging, storing and delivery of dairy products shall be in accordance with clean and sanitary methods, consistent with good commercial practices to promote the production of the highest quality of finished product and improve product stability. Milk should not be more than three days old when picked up from the producer and delivered to the plant, receiving station or transfer station.