alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED August 28, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-60530 Conference Calendar

JAMES ALBERT JONES, Plaintiff-Appellant,

versus LATISHA ROACH, Director of Offender Service, Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Mississippi

USDC No. 4:05-CV-95

-------------------- Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM: * James Albert Jones, Mississippi prisoner # 20536, appeals from the dismissal with prejudice pursuant to 28 U.S.C. § 1915(e)(2) for failure to state a claim of his pro se, in forma pauperis (IFP), 42 U.S.C. § 1983 complaint. With the benefit of liberal construction, Jones argues that he is unlawfully confined in “D custody,” that the scoring system used by the Mississippi Department of Corrections is an arbitrary classification system, and that the scoring system wasNo. 05-60530 -2- erroneously applied in his case. He also contends that his classification is cruel and unusual and that he is unconstitutionally confined in maximum isolation. Courts generally are not concerned with a prisoner’s initial classification level based on his criminal history before his incarceration because an inmate has “no protectable liberty interest in his classification.” Wilkerson v. Stalder , 329 F.3d 431, 435-36 (5th Cir. 2003). Additionally, a prisoner’s change in custody status, “without more, does not constitute a deprivation of a constitutionally cognizable liberty interest.” Luken v. Scott , 71 F.3d 192, 193 (5th Cir. 1995). Finally, Jones’s conclusional assertion that his custodial classification runs afoul of the Eighth Amendment’s prohibition of cruel and unusual punishment does not state a constitutional claim because he fails to allege that he was deprived of life’s necessities or a basic human need. See Berry v. Brady , 192 F.3d 504, 507 (5th Cir. 1999); Woods v. Edwards , 51 F.3d 577, 581 (5th Cir. 1995). Jones’s appeal is without arguable merit and is dismissed as frivolous. See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983); 5TH C IR . R. 42.2. The district court’s dismissal of Jones’s complaint for failure to state a claim counts as a strike under 28 U.S.C. § 1915(g), as does the dismissal of this appeal.
See 28 U.S.C. § 1915(g); Adepegba v. Hammons , 103 F.3d 383, 387-88 (5th Cir. 1996). This court cautions Jones that if he accumulates three strikes, he will not be able to proceed IFP inNo. 05-60530 -3- any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. See 28 U.S.C. § 1915(g). APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED.
Editorial Note on Part 100
Editorial Note: Nomenclature changes to part 100 appear at 81 FR 86910, Dec. 2, 2016.

§ 100.1 Purpose. ( a ) The purpose of this part is to establish approval requirements for proposed sites for stationary power and testing reactors subject to part 50 or part 52 of this chapter.
( b ) There exists a substantial base of knowledge regarding power reactor siting, design, construction and operation. This base reflects that the primary factors that determine public health and safety are the reactor design, construction and operation.
( c ) Siting factors and criteria are important in assuring that radiological doses from normal operation and postulated accidents will be acceptably low, that natural phenomena and potential man-made hazards will be appropriately accounted for in the design of the plant, that site characteristics are such that adequate security measures to protect the plant can be developed, and that physical characteristics unique to the proposed site that could pose a significant impediment to the development of emergency plans are identified.
( d ) This approach incorporates the appropriate standards and criteria for approval of stationary power and testing reactor sites. The Commission intends to carry out a traditional defense-in-depth approach with regard to reactor siting to ensure public safety. Siting away from densely populated centers has been and will continue to be an important factor in evaluating applications for site approval.
[61 FR 65175, Dec. 11, 1996]
§ 20.1905 Exemptions to labeling requirements. A licensee is not required to label— ( a ) Containers holding licensed material in quantities less than the quantities listed in appendix C to part 20; or
( b ) Containers holding licensed material in concentrations less than those specified in table 3 of appendix B to part 20; or
( c ) Containers attended by an individual who takes the precautions necessary to prevent the exposure of individuals in excess of the limits established by this part; or
( d ) Containers when they are in transport and packaged and labeled in accordance with the regulations of the Department of Transportation,[3] or
( e ) Containers that are accessible only to individuals authorized to handle or use them, or to work in the vicinity of the containers, if the contents are identified to these individuals by a readily available written record (examples of containers of this type are containers in locations such as water-filled canals, storage vaults, or hot cells). The record must be retained as long as the containers are in use for the purpose indicated on the record; or
( f ) Installed manufacturing or process equipment, such as reactor components, piping, and tanks; or
( g ) Containers holding licensed material (other than sealed sources that are either specifically or generally licensed) at a facility licensed under Parts 50 or 52 of this chapter, not including non-power reactors, that are within an area posted under the requirements in § 20.1902 if the containers are: ( 1 ) Conspicuously marked (such as by providing a system of color coding of containers) commensurate with the radiological hazard;
( 2 ) Accessible only to individuals who have sufficient instruction to minimize radiation exposure while handling or working in the vicinity of the containers; and
( 3 ) Subject to plant procedures to ensure they are appropriately labeled, as specified at § 20.1904 before being removed from the posted area.
[56 FR 23401, May 21, 1991, as amended at 60 FR 20185, Apr. 25, 1995; 72 FR 68059, Dec. 4, 2007] Footnotes -
20.1905
[3] Labeling of packages containing radioactive materials is required by the Department of Transportation (DOT) if the amount and type of radioactive material exceeds the limits for an excepted quantity or article as defined and limited by DOT regulations 49 CFR 173.403 (m) and (w) and 173.421-424.
[if !vml]>[endif]>

[if !vml]>[endif]>

You havereached the Federal Depository Library Program Electronic Collection (FDLP/EC)Archive. This archive assures ongoing access to publications in the FDLP/EC.Access to publications in the archive is available through GPO's suite ofcataloging and locator services, including the Catalog of U.S. GovernmentPublications (CGP).  Archived copies of publications are retrieved in theevent that publications are no longer available from the original publishingagency site. (Historical purposes)

**Title:** ENFORCEMENT ACTIVITIES

Spring 1999,Spring 2000,Spring 2001

 
SuDoc:FT 1.41:
Item Number:0535-A-15 (online)
CGP system Number:000602210
<TABLE> <S> <C>




<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
BALANCE SHEET AS OF SEPTEMBER 30, 1996 AND FROM THE STATEMENT OF OPERATIONS
FOR THE NINE MONTHS ENDED SEPTEMBER 30, 1996 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       1,340,525
<SECURITIES>                                 1,348,648
<RECEIVABLES>                                  152,220
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                      40,876,373
<DEPRECIATION>                                       0<F2>
<TOTAL-ASSETS>                              45,720,788
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                     27,467,522
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  16,871,954
<TOTAL-LIABILITY-AND-EQUITY>                45,720,788
<SALES>                                      7,113,142
<TOTAL-REVENUES>                             7,202,776
<CGS>                                                0
<TOTAL-COSTS>                                5,042,260
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,759,840
<INCOME-PRETAX>                                147,331
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            147,331
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   147,331
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>THE PARTNERSHIP HAS AN UNCLASSIFIED BALANCE SHEET; THEREFORE, THE VALUE IS
$0.
<F2>THIS INFORMATION IS NOT DISCLOSED IN THE PARTNERSHIP'S FORM 10-Q FILING.
</FN>
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE>6
<LEGEND> THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE FORM 10-Q AS OF MARCH 31, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
<MULTIPLIER>1
<FISCAL-YEAR-END>             DEC-31-2000
<PERIOD-START>                JAN-01-2000
<PERIOD-END>                  MAR-31-2000
<PERIOD-TYPE>                       3-MOS
<INVESTMENTS-AT-COST>             527,568
<INVESTMENTS-AT-VALUE>          1,448,839
<RECEIVABLES>                           0
<ASSETS-OTHER>                          0
<OTHER-ITEMS-ASSETS>                8,018
<TOTAL-ASSETS>                  1,456,857
<PAYABLE-FOR-SECURITIES>                0
<SENIOR-LONG-TERM-DEBT>                 0
<OTHER-ITEMS-LIABILITIES>         471,992
<TOTAL-LIABILITIES>               471,992
<SENIOR-EQUITY>                         0
<PAID-IN-CAPITAL-COMMON>           63,594
<SHARES-COMMON-STOCK>             106,990
<SHARES-COMMON-PRIOR>             106,990
<ACCUMULATED-NII-CURRENT>               0
<OVERDISTRIBUTION-NII>                  0
<ACCUMULATED-NET-GAINS>                 0
<OVERDISTRIBUTION-GAINS>                0
<ACCUM-APPREC-OR-DEPREC>          921,271
<NET-ASSETS>                      984,865
<DIVIDEND-INCOME>                       0
<INTEREST-INCOME>                       7
<OTHER-INCOME>                          0
<EXPENSES-NET>                     64,703
<NET-INVESTMENT-INCOME>           (64,696)
<REALIZED-GAINS-CURRENT>                0
<APPREC-INCREASE-CURRENT>               0
<NET-CHANGE-FROM-OPS>             (64,696)
<EQUALIZATION>                          0
<DISTRIBUTIONS-OF-INCOME>               0
<DISTRIBUTIONS-OF-GAINS>                0
<DISTRIBUTIONS-OTHER>                   0
<NUMBER-OF-SHARES-SOLD>                 0
<NUMBER-OF-SHARES-REDEEMED>             0
<SHARES-REINVESTED>                     0
<NET-CHANGE-IN-ASSETS>            (64,696)
<ACCUMULATED-NII-PRIOR>                 0
<ACCUMULATED-GAINS-PRIOR>               0
<OVERDISTRIB-NII-PRIOR>                 0
<OVERDIST-NET-GAINS-PRIOR>              0
<GROSS-ADVISORY-FEES>               5,247
<INTEREST-EXPENSE>                      0
<GROSS-EXPENSE>                    64,753
<AVERAGE-NET-ASSETS>            1,017,213
<PER-SHARE-NAV-BEGIN>                1.73
<PER-SHARE-NII>                     (0.60)
<PER-SHARE-GAIN-APPREC>                 0
<PER-SHARE-DIVIDEND>                    0
<PER-SHARE-DISTRIBUTIONS>               0
<RETURNS-OF-CAPITAL>                    0
<PER-SHARE-NAV-END>                  1.13
<EXPENSE-RATIO>                       6.4

</TABLE>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7763

DONTEZ LAMONT SIMUEL, Petitioner - Appellant, versus ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-02-898-5-H) Submitted: March 31, 2004 Decided: April 13, 2004 Before WILKINSON, WILLIAMS, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Dontez Lamont Simuel, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Dontez Lamont Simuel seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2254 (2000) petition and denying his motion for reconsideration. We have independently reviewed the record and conclude that Simuel has not made a substantial showing of the denial of a constitutional right. See Miller-El v. Cockrell , 537 U.S. 322, 336 (2003). Accordingly, we deny a certificate of appealability and dismiss the appeal. See28 U.S.C. § 2253(c) (2000). We deny Simuel’s motion to proceed in forma pauperis. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Notices]
[Pages 79010-79011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31732]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Cancer Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Institute Initial Review 
Group, Subcommittee G--Education.
    Date: January 25, 2011.
    Time: 8 a.m. to 6 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Hilton Washington/Rockville, 1750 Rockville Pike, 
Rockville, MD 20852.
    Contact Person: Jeannette F. Korczak, PhD, Scientific Review 
Administrator, Resources and Training Review Branch, Division of 
Extramural Activities, National Cancer nstitute, NIH, 6116 Executive 
Blvd., Room 8115, Bthesda, MD 20892. 301-496-9767. 
<a href="/cdn-cgi/l/email-protection#6f24001d0c150e04052f020e06034101060741080019"><span class="__cf_email__" data-cfemail="02496d706178636968426f636b6e2c6c6b6a2c656d74">[email protected]</span></a>.
(Catalogue of Federal Domestic Assistance Program Nos. 93.392, 
Cancer Construction; 93.393, Cancer Cause and Prevention Research; 
93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer 
Treatment Research; 93.396, Cancer Biology

[[Page 79011]]

Research; 93.397, Cancer Centers Support; 93.398, Cancer Research 
Manpower; 93.399, Cancer Control, National Institutes of Health, 
(HHS)

    Dated: December 13, 2010.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2010-31732 Filed 12-16-10; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
§ 436.104 Energy conservation measures and standards. ( a ) Each agency shall consider for inclusion in its plan the measures identified in appendix C of this subpart.
( b ) The following questions should be considered in the evaluation of each measure: ( 1 ) Does this measure provide an incentive or disincentive?
( 2 ) What is the estimate of savings by fuel type?
( 3 ) What are the direct and indirect impacts of this measure?
( 4 ) Is this measure to be mandatory throughout the agency?
( 5 ) If not mandatory, under what circumstances will it be implemented, and who will be responsible for determining specific applicability?
( 6 ) Who will be the direct participants in the implementation of this measure?
( 7 ) What incentives (if any) are to be provided for the participants?
( 8 ) When will this measure be implemented?
( 9 ) Will this measure be implemented in a single step or will it be phased in? If it will be phased in, over what period of time?
( 10 ) Will performance of the measure be evaluated and reported?
( 11 ) By what criterion will performance be determined?
( 12 ) Who will prepare performance reports?
( 13 ) What is the reporting chain?
( 14 ) What is the reporting period?
( c ) Each agency will take all necessary steps to implement the energy conservation standards for general operations listed in appendix A (reserved).
#### In the Matter of Fay Coleman, Appellant, v Thomas Roche et al., Respondents.

Judgment, Supreme Court, New York County, entered on March 10, 1980, unanimously affirmed for the reasons stated by Blangiardo, *512J., at Trial Term, without costs and without disbursements. Concur—Kupferman, J. P., Fein, Sullivan, Lupiano and Lynch, JJ.
§ 433.100 Energy efficiency performance standard. ( a ) ( 1 ) All Federal agencies shall design new Federal buildings that are commercial and multi-family high-rise residential buildings, for which design for construction began on or after January 3, 2007, but before August 10, 2012, to: ( i ) Meet ASHRAE 90.1-2004, (incorporated by reference, see § 433.3); and
( ii ) If life-cycle cost-effective, achieve energy consumption levels, calculated consistent with paragraph (b) of this section, that are at least 30 percent below the levels of the ASHRAE Baseline Building 2004.
( 2 ) All Federal agencies shall design new Federal buildings that are commercial and multi-family high-rise residential buildings, for which design for construction began on or after August 10, 2012, but before July 9, 2014, to: ( i ) Meet ASHRAE 90.1-2007, (incorporated by reference, see § 433.3); and
( ii ) If life-cycle cost-effective, achieve energy consumption levels, calculated consistent with paragraph (b) of this section, that are at least 30 percent below the levels of the ASHRAE Baseline Building 2007.
( 3 ) All Federal agencies shall design new Federal buildings that are commercial and multi-family high-rise residential buildings, for which design for construction began on or after July 9, 2014, but before November 6, 2016 to: ( i ) Meet ASHRAE 90.1-2010, (incorporated by reference, see § 433.3); and
( ii ) If life-cycle cost-effective, achieve energy consumption levels, calculated consistent with paragraph (b) of this section, that are at least 30 percent below the levels of the ASHRAE Baseline Building 2010.
( 4 ) All Federal agencies shall design new Federal buildings that are commercial and multi-family high-rise residential buildings, for which design for construction began on or after November 6, 2016, but before April 7, 2023, to: ( i ) Meet ASHRAE 90.1-2013, (incorporated by reference, see § 433.3); and
( ii ) If LCC effective, achieve energy consumption levels, calculated consistent with paragraph (b) of this section, that are at least 30 percent below the levels of the ASHRAE Baseline Building 2013.
( 5 ) All Federal agencies shall design new Federal buildings that are commercial and multi-family high-rise residential buildings, for which design for construction began on or after April 7, 2023, to: ( i ) Meet ASHRAE 90.1-2019, (incorporated by reference, see § 433.3); and
( ii ) If LCC effective, achieve energy consumption levels, calculated consistent with paragraph (b) of this section, that are at least 30 percent below the levels of the ASHRAE Baseline Building 2019.
( b ) If a 30 percent reduction is not LCC effective, the design of the proposed building shall be modified so as to achieve an energy consumption level at or better than the maximum level of energy efficiency that is LCC effective, but at a minimum complies with paragraph (a) of this section.
[79 FR 61569, Oct. 14, 2014, as amended at 80 FR 68757, Nov. 6, 2015; 87 FR 20294, Apr. 7, 2022]
###### Editorial Note on Part 982

#### Editorial Note:

Nomenclature changes to part 982 appear at 61 FR 17559, Apr. 22, 1996.

#### § 982.467 Report of receipts and dispositions of hazelnuts grown outside the United States.

Each handler who receives hazelnuts grown outside the United States shall report to the Board monthly on *F/H Form 1f* the receipt and disposition of such hazelnuts. All reports submitted shall include transactions through the end of each month, or other reporting periods established by the Board, and are due in the Board office on the tenth day following the end of the reporting period. The report shall include the quantity of such hazelnuts received, the country of origin for such hazelnuts, inspection certificate number, whether such hazelnuts are inshell or kernels, the disposition outlet, and shipment date of such hazelnuts. With each report, the handler shall submit copies of the applicable inspection certificates.

[67 FR 5445, Feb. 6, 2002]
# 45.602-2 Reutilization Priorities.

(d) Dispose of the property identified in FAR Subpart 45.602-2(d) in accordance with DOD Instruction 4161.02, Accountability and Management of Government Contract Property, dated April 27, 2012, and DOD Manual 4160.21, Volume 2, Defense Materiel Disposition: Property Disposal and Reclamation, dated October 22, 2015.

**Parent topic:**45.602 Reutilization of Government property.