alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Alfredo VILLA-CARDENAS, Petitioner-Appellant, v. Craig FARWELL, Warden, Lovelock Correctional Center, Nevada, Respondent-Appellee.

No. 04-16776.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 11, 2005.*

Decided Oct. 18, 2005.

Lawrence D. Wishart, Esq., Reno, NV, for Petitioner-Appellant.

*538Robert E. Wieland, Esq., AGNV — Office of the Nevada Attorney General, Reno, NV, for Respondent-Appellee.

Before: T.G. NELSON, WARDLAW, and TALLMAN, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Nevada state prisoner Alfredo Villa-Cardenas appeals the district court’s judgment denying his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253,1 and we affirm.

Villa-Cardenas contends that the district court was required to consider and advise him of the option of staying his exhausted claims while he returned to state court to exhaust his unexhausted claims, in light of *Kelly v. Small,*315 F.3d 1063, 1070-71 (9th Cir.2003).

We disagree. A federal district court need not explain habeas procedure to a litigant. *See Pliler v. Ford,*542 U.S. 225, 124 S.Ct. 2441, 2445-46, 159 L.Ed.2d 338 (2004) (holding that a district court is not required to give a pro se litigant warnings about stay-and-abeyance procedure); *Jefferson v. Budge,*419 F.3d 1013, 1015-16 (9th Cir.2005).

AFFIRMED.2

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

1

. The government contends that we are without jurisdiction to hear this appeal. However, "once [the certificate of appealability] is issued, we have jurisdiction even if the certificate was arguably improvidently granted.” *Phelps v. Alameda,*366 F.3d 722, 726 (9th Cir.2004) (internal quotations and citations omitted). The government’s remaining contentions are similarly rejected.

2

. Villa-Cardenas seeks to expand the certificate of appealability ("COA”). We decline to expand the COA because Villa-Cardenas fails to make a substantial showing of the denial of a constitutional right. *See*28 U.S.C. § 2253(c)(2).
Editorial Note on Part 117
Editorial Note: Nomenclature changes to part 117 appear at 81 FR 49896, July 29, 2016.

§ 117.264 Procedure for submitting an appeal. ( a ) To appeal an order to withdraw a qualified facility exemption, you must: ( 1 ) Submit the appeal in writing to the FDA Division Director in whose division the facility is located (or, in the case of a foreign facility, the Director of the Office of Compliance in the Center for Food Safety and Applied Nutrition), at the mailing address, email address, or fax number identified in the order within 15 calendar days of the date of receipt of confirmation of the order; and
( 2 ) Respond with particularity to the facts and issues contained in the order, including any supporting documentation upon which you rely.
( b ) In a written appeal of the order withdrawing an exemption provided under § 117.5(a), you may include a written request for an informal hearing as provided in § 117.267.
[80 FR 56145, Sept. 17, 2015, as amended at 81 FR 3716, Jan. 22, 2016; 85 FR 16553, Mar. 24, 2020]
Exhibit32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with the QuarterlyReport of Hutton Investors Futures Fund L.P. II (the"Partnership") on Form 10-Q for the periodending September 30, 2004 as filed with the Securities and ExchangeCommission on the date hereof (the "Report"),I, David J. Vogel, President and Director of Citigroup Managed FuturesLLC, certify, 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 ofsection 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairlypresents, in all material respects, the financial condition and resultsof operations of the Partnership.

/s/ David J.Vogel

|  |
|--|
|  |  |
|  |

David J.VogelCitigroup Managed Futures LLC President and Director

November 12, 2004

----
<PAGE>   1

                                                                  EXHIBIT 10.36

                      [SHOWSCAN ENTERTAINMENT LETTERHEAD]



October 1, 1998


Mr. Dennis Pope
2058 Westridge Road
Los Angeles, California 90049


Re:   Employment Agreement


Dear Dennis:

Based on your performance as President and Chief Executive Officer of Showscan, 
since your appointment to such position nineteen (19) months on March 1, 1998, 
the Board of Directors at its September 30, 1998 meeting, approved an increase 
in your salary to Three Hundred Thousand Dollars ($300,000) per annum effective 
as of October 1, 1998. All of the other terms under your Employment Agreement 
with Showscan dated May 3, 1994 and that certain letter agreement, dated August 
7, 1996, as amended by the "First Amendment to Severance Agreement" dated 
January 31, 1997, shall remain unchanged and in full force and effect.

Additionally, the Board of Directors also approved a Seventy-Five Thousand 
Dollar ($75,000) bonus payable October 1, 1998 as additional recognition of 
your performance as President and Chief Executive Officer.

Thank you again for all of your considerable efforts and your anticipated 
continued performance on behalf of Showscan.


Best Regards,


/s/ William D. Eberle

William D. Eberle
Chairman of the Board

WDB/das
Editorial Note on Part 4
Editorial Note: Nomenclature changes to part 4 appear at 77 FR 39904, July 6, 2012.

§ 4.32 Compliance reports. ( a ) Each recipient shall keep records and submit to the responsible NRC official, timely, complete, and accurate compliance reports at the times and in the form and containing the information that the responsible NRC official may determine to be necessary to enable the official to ascertain whether the recipient has complied or is complying with this subpart.
( b ) In the case in which a primary recipient extends Federal financial assistance to any other recipient, the other recipient shall also submit necessary compliance reports to the primary recipient to enable the primary recipient to carry out its obligations under this subpart.
( c ) The primary recipient shall retain each record of information needed to complete a compliance report pursuant to paragraph (a) of this section for three years or as long as the primary recipient retains the status of primary recipient as defined in § 4.4, whichever is shorter.
[53 FR 19244, May 27, 1988, as amended at 68 FR 51344, Aug. 26, 2003]
[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Notices]
[Page 619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33274]


=======================================================================
-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>12427 and <greek-i>12428]


Arizona Disaster <greek-i>AZ-00014

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a Notice of the Presidential declaration of a major 
disaster for Public Assistance Only for the State of Arizona (FEMA-
1950-DR), dated 12/21/2010.
    Incident: Severe Storms and Flooding.
    Incident Period: 10/03/2010 through 10/06/2010.
    Effective Date: 12/21/2010.
    Physical Loan Application Deadline Date: 02/21/2011.
    Economic Injury (EIDL) Loan Application Deadline Date: 09/21/2011.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the President's major disaster declaration on 12/21/2010, Private Non-
Profit organizations that provide essential services of governmental 
nature may file disaster loan applications at the address listed above 
or other locally announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:
    Primary Area: The Sovereign Tribal Nation of the Havasupai Tribe 
Within Coconino County.
    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
  Non-Profit Organizations With Credit Available Elsewhere...      3.625
  Non-Profit Organizations Without Credit Available Elsewhere      3.000
For Economic Injury:
  Non-Profit Organizations Without Credit Available Elsewhere      3.000
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 12427B 
and for economic injury is 12428B.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

James E. Rivera,
Associate Administrator for Disaster Assistance.
[FR Doc. 2010-33274 Filed 1-4-11; 8:45 am]
BILLING CODE 8025-01-P
[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Notices]
[Pages 407-408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33261]


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

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold a Closed Meeting on Thursday, January 
6, 2011 at 2:00 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the Closed Meeting. 
Certain staff members who have an interest in the matters also may be 
present.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the 
scheduled matters at the Closed Meeting.
    Commissioner Aguilar, as duty officer, voted to consider the items 
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday, 
January 6, 2011 will be:
    Formal order of investigation;
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    An adjudicatory matter; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been

[[Page 408]]

added, deleted or postponed, please contact:
    The Office of the Secretary at (202) 551-5400.

    Dated: December 29, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-33261 Filed 12-30-10; 11:15 am]
BILLING CODE 8011-01-P
IV 

115TH CONGRESS 

1ST SESSION H. RES. 97 

Providing amounts for the expenses of the Committee on Foreign Affairs 

in the One Hundred Fifteenth Congress. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2017 

Mr. ROYCE of California (for himself and Mr. ENGEL) submitted the following 

resolution; which was referred to the Committee on House Administration 

RESOLUTION 

Providing amounts for the expenses of the Committee on 

Foreign Affairs in the One Hundred Fifteenth Congress. 

1 Resolved, 

2 SECTION 1. AMOUNTS FOR COMMITTEE EXPENSES. 

3 For the expenses of the Committee on Foreign Af4 fairs (hereafter in this resolution referred to as the ‘‘Com5 mittee’’), including the expenses of all staff salaries, there 

6 shall be paid, out of the applicable accounts of the House 

7 of Representatives for committee salaries and expenses, 

8 not more than $15,968,664 for the One Hundred Fif9 teenth Congress. 


rfrederick on DSKBCBPHB2PROD with BILLS
2 

•HRES 97 IH 

1 SEC. 2. SESSION LIMITATIONS. 

2 Of the amount specified in section 1— 

3 (1) not more than $7,984,332 shall be available 

4 for expenses incurred during the period beginning at 

5 noon on January 3, 2017, and ending immediately 

6 before noon on January 3, 2018; and 

7 (2) not more than $7,984,332 shall be available 

8 for expenses incurred during the period beginning at 

9 noon on January 3, 2018, and ending immediately 

10 before noon on January 3, 2019. 

11 SEC. 3. VOUCHERS. 

12 Payments under this resolution shall be made on 

13 vouchers authorized by the Committee, signed by the 

14 Chairman of the Committee, and approved in the manner 

15 directed by the Committee on House Administration. 

16 SEC. 4. REGULATIONS. 

17 Amounts made available under this resolution shall 

18 be expended in accordance with regulations prescribed by 

19 the Committee on House Administration. 

Æ 


rfrederick on DSKBCBPHB2PROD with BILLS
#### § 590.305 Informal discovery.

The parties to a proceeding may conduct discovery through use of procedures such as written interrogatories or production of documents. In response to a motion by a party, the Assistant Secretary or presiding official may determine the procedures to be utilized for discovery if the parties cannot agree on such procedures.
# Twin Cities DevelopmentAssociation, Inc. ECONOMIC DEVELOPMENT

October 24, 2014

Mr. Michael Martin US Dept. ofTransportation 1200 New Jersey Ave., SE Washington, DC 20590 Re: ESA bid for Scottsbluff, NE Mr. Martin, ,.i"
.. "**~**...... ,)
•·.,.<'

•.,....: i ;- ··... ... ··-···**·~** ,... ···.. ..

I am the director of Economic Development for Twin Cities Development Association. We represent the communities ofScottsbluffand Gering, all ofScotts Bluff County and several rural communities in the surrounding the area. Reliable air service is ofessential importance for us to growthe community and serve our area business (as well as residents that live in the community). We have had growing concerns over the lack of reliable air service with the current ESA contract the airport has with Great Lakes. We often hear from our business community complaints about the current provider. Many only fly ifthey have the luxury of missing a meeting or being a day late
.....because it happens all too often. Iwas in attendance atthe board meeting ofthe Airport Authority forthe purpose ofconsidering the EAS bids. I am in support ofthe board's vote and decision to support Aerodynamics, Inc. (ADI) for the EAS bid for next year. We need reliable service and will not be able to effectively market and growthe community without it. For the future economic development ofthe community, it is imperative that the EAS contract be given to a new company that can provide reliable service at an affordable price. ADI company representatives seem very willing and interested in being a long term partner with the community and they will strive to provide a service that can be counted on. Please consider award ofthe EAS bid for the Scottsbluffto Denver route to ADI. Thank you for your consideration.

Rawnda R. Pierce Executive Director 1620 Broadway • Scottsbluff, NE 69361 Phone 308-632-2833 • Fax 308-633-2854 Websites: www.tcdne.org

www.wehavejobs.net
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 891 Engrossed in House (EH)]

H. Res. 891

                 In the House of Representatives, U.S.,

                                                         June 27, 2006.
    Resolved, That at any time after the adoption of this resolution the Speaker 
may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 4973) to restore the financial solvency of the national flood 
insurance program, and for other purposes. The first reading of the bill shall 
be dispensed with. All points of order against consideration of the bill are 
waived. General debate shall be confined to the bill and shall not exceed one 
hour equally divided and controlled by the chairman and ranking minority member 
of the Committee on Financial Services. After general debate the bill shall be 
considered for amendment under the five-minute rule. The bill shall be 
considered as read. Notwithstanding clause 11 of rule XVIII, no amendment to the 
bill shall be in order except those printed in the report of the Committee on 
Rules accompanying this resolution. Each such amendment may be offered only in 
the order printed in the report, may be offered only by a Member designated in 
the report, shall be considered as read, shall be debatable for the time 
specified in the report equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the Committee of the 
Whole. All points of order against such amendments are waived. At the conclusion 
of consideration of the bill for amendment the Committee shall rise and report 
the bill to the House with such amendments as may have been adopted. The 
previous question shall be considered as ordered on the bill and amendments 
thereto to final passage without intervening motion except one motion to 
recommit with or without instructions.
            Attest:

                                                                          Clerk.
```
§ 169.3 Definitions. For the purposes of this part: ( a ) The term *vanilla beans* means the properly cured and dried fruit pods of *Vanilla planifolia Andrews* and of *Vanilla tahitensis Moore.*
( b ) The term *unit weight of vanilla beans* means, in the case of vanilla beans containing not more than 25 percent moisture, 13.35 ounces of such beans; and, in the case of vanilla beans containing more than 25 percent moisture, it means the weight of such beans equivalent in content of moisture-free vanilla-bean solids to 13.35 ounces of vanilla beans containing 25 percent moisture. (For example, one unit weight of vanilla beans containing 33.25 percent moisture amounts to 15 ounces.) The moisture content of vanilla beans is determined by the method prescribed in “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), sections 7.004 and 7.005, which is incorporated by reference, except that the toluene used is blended with 20 percent by volume of benzene and the total distillation time is 4 hours. Copies of the material incorporated by reference may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .* To prepare samples for analysis, the pods are chopped into pieces approximately 1 ⁄ 4-inch in longest dimension, using care to avoid moisture change.
( c ) The term *unit of vanilla constituent* means the total sapid and odorous principles extractable from one unit weight of vanilla beans, as defined in paragraph (b) of this section, by an aqueous alcohol solution in which the content of ethyl alcohol by volume amounts to not less than 35 percent.
[42 FR 14481, Mar. 15, 1977, as amended at 47 FR 11834, Mar. 19, 1982; 49 FR 10103, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 63 FR 14035, Mar. 24, 1998]
EXHIBIT 11

 First Health Group Corp. and Subsidiaries
 COMPUTATION OF BASIC EARNINGS PER COMMON SHARE
 (In 000's except per share amounts) (Unaudited)
 ----------------------------------------------------------------------------
                                                    Three Months Ended March 31,
                                                    ---------------------------
                                                        2003           2002
                                                      ---------      ---------
 Net income .....................................    $   36,841     $   31,014
                                                      =========      =========
 Weighted average number of common shares
   outstanding:
   Shares outstanding from beginning of period ..        98,676        100,023
   Other issuances of common stock ..............           372            234
   Purchases of treasury stock ..................        (2,182)            --
                                                      ---------      ---------
 Weighted average common and common share
   equivalents...................................        96,866        100,257
                                                      =========      =========
 Net income  per common share....................    $      .38     $      .31
                                                      =========      =========



 First Health Group Corp. and Subsidiaries                          EXHIBIT 11
 COMPUTATION OF DILUTED EARNINGS PER COMMON SHARE
 (In 000's except per share amounts) (Unaudited)


                                                    Three Months Ended March 31,
                                                    ---------------------------
                                                        2003           2002
                                                      ---------      ---------

 Net income .....................................    $   36,841     $   31,014
                                                      =========      =========
 Weighted average number of common shares
   outstanding:
   Shares outstanding from beginning of period ..        98,676        100,023
   Other issuances of common stock ..............           372            234
   Purchases of treasury stock ..................        (2,182)            --
   Common Stock Equivalents:
   Additional equivalent shares issuable from
     assumed exercise of common stock options ...         2,590          4,186
                                                      ---------      ---------
 Weighted average common and common share
   equivalents...................................        99,456        104,443
                                                      =========      =========
 Net income  per common share....................    $      .37     $      .30
                                                      =========      =========
<PAGE>   1
                                                                   EXHIBIT 21.01



                        LIST OF REGISTRANT'S SUBSIDIARIES

<TABLE>
<CAPTION>
                                                                     PERCENTAGE OWNED
       NAME                         JURISDICTION OF ORGANIZATION       BY REGISTRANT
       ----                         ----------------------------       -------------
<S>                                        <C>                             <C> 
CompReview, Inc.                           California                       100%
Retek Information Systems, Inc.            Delaware                         100%
Retek Information Systems Inc.             Canada                           100%
Retek Information Systems Ltd.             United Kingdom                   100%
Retek Information Systems Pty. Ltd.        Australia                        100%
Retek Information Systems                  France                           100%
Retek Information Systems GmbH             Germany                          100%
Risk Data Corporation                      California                       100%
Aptex Software Inc.                        California                      87.2%
</TABLE>