alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

LARRY HISTON,

 Plaintiff - Appellant,

 v.

JAMES TILTON; et al.,

 Defendants - Appellees.

No. 12-15598

D.C. No. 3:09-cv-00979-JSW

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Jeffrey S. White, District Judge, Presiding

Submitted February 11, 2013** 

Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges. 

California state prisoner Larry Histon appeals pro se from the district court’s

summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference

to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We

FILED

FEB 14 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We

affirm.

The district court properly granted summary judgment because Histon failed

to raise a genuine dispute of material fact as to whether defendants were

deliberately indifferent in their treatment of his carpal tunnel syndrome. See id. at

1057-58 (neither negligence nor difference of opinion concerning the course of

treatment amounts to deliberate indifference); see also Snow v. McDaniel, 681 F.3d

978, 988 (9th Cir. 2012) (prisoner must show that defendant chose a medically

unacceptable course of treatment “in conscious disregard of an excessive risk to

plaintiff’s health” (citation and internal quotation marks omitted)).

The district court did not abuse its discretion in denying Histon’s motion for

leave to amend his complaint and to perfect service to unserved defendants because

the motion was moot upon the court’s grant of summary judgment. See Chodos v.

West Publ’g Co., 292 F.3d 992, 1003 (9th Cir. 2002) (setting forth standard of

review). 

The district court did not abuse its discretion in denying Histon’s motion for

appointment of counsel because Histon did not demonstrate exceptional

circumstances. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991) (setting

forth standard of review and explaining “exceptional circumstances” requirement).

2 12-15598
We decline to consider those documents submitted by Histon that were not

presented to the district court. See Fed. R. App. P. 10(a); United States v. SanchezLopez, 879 F.2d 541, 548 (9th Cir. 1989).

AFFIRMED.

3 12-15598
#### § 7.4009 [Reserved]
230113 ORD RE LARS PAGE EXT MOT.DOCX VERSION JANUARY 13, 2023 1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of

THE COMMONWEALTH OF PUERTO RICO et al.,

Debtors.1

PROMESA

Title III

Case No. 17 BK 3283-LTS

(Jointly Administered)

ORDER GRANTING MOTION FOR LEAVE TO FILE REPLY BRIEF IN EXCESS OF FIFTEEN PAGES

The Court has received and reviewed the Motion for Leave to File Reply Brief in 

Excess of Fifteen Pages (Docket Entry No. 23247 in Case No. 17-3283, the “Motion”), filed by 

Luis A. Rivera Siaca (the “Movant”). 

Movant’s request to file a reply brief of eighteen (18) pages in support of the 

Motion for the Payment of Administrative Rent (Docket Entry No. 23145 in Case No. 17-3283) is 

granted.

This Order resolves Docket Entry No. 23247 in Case No. 17-3283.

SO ORDERED.

Dated: January 13, 2023

/s/ Laura Taylor Swain 

LAURA TAYLOR SWAIN

United States District Judge

1 The Debtors in these Title III Cases, along with each Debtor’s respective Title III case 

number and the last four (4) digits of each Debtor’s federal tax identification number, as 

applicable, are the (i) Commonwealth of Puerto Rico (Bankruptcy Case No. 17-BK3283-LTS) (Last Four Digits of Federal Tax ID: 3481); (ii) Puerto Rico Sales Tax 

Financing Corporation (“COFINA”) (Bankruptcy Case No. 17-BK-3284-LTS) (Last Four 

Digits of Federal Tax ID: 8474); (iii) Puerto Rico Highways and Transportation 

Authority (“HTA”) (Bankruptcy Case No. 17-BK-3567-LTS) (Last Four Digits of 

Federal Tax ID: 3808); (iv) Employees Retirement System of the Government of the 

Commonwealth of Puerto Rico (“ERS”) (Bankruptcy Case No. 17-BK-3566-LTS) (Last 

Four Digits of Federal Tax ID: 9686); (v) Puerto Rico Electric Power Authority 

(“PREPA”) (Bankruptcy Case No. 17-BK-4780-LTS) (Last Four Digits of Federal Tax 

ID: 3747); and (vi) Puerto Rico Public Buildings Authority (“PBA”) (Bankruptcy Case 

No. 19-BK-5523-LTS) (Last Four Digits of Federal Tax ID: 3801) (Title III case 

numbers are listed as Bankruptcy Case numbers due to software limitations).

Case:17-03283-LTS Doc#:23250 Filed:01/13/23 Entered:01/13/23 14:10:20 Desc: Main

Document Page 1 of 1
Oil and Gas

Federal Mineral Estate

 and RFD

within the 

Billings Field Office

0 1.753.5 7 10.5 14 17.5

Miles

Map 167

Pole Creek Anticline

T Shawmut 7 Big Elk N Anticline/Womans Pocket Dome

Broadview

Dome Crooked

 Creek

Lake Basin Fault Zone

T

1

N

T

2

S

Bull Mountain Basin

Nye Bowler Lineament

T

8 West Flank Pryor S

Mountain Uplift

R18E Elk Basin R29E Montana

R104W R93W Wyoming T

57

N

Wyoming

Location Map

Montana

Billings

Field 

Office

Ü

U.S. DEPARTMENT OF THE INTERIOR

Bureau of Land Management

Billings & Pompeys Pillar 

National Monument RMP / EIS

Legend

Map scale 1:900,000

Map generated by the Billings Field Office in July 2011

Albers Equal Area, NAD83 Projection

This map is intended for display purposes. No warranty is made by the Bureau of

Land Management as to the accuracy, reliability or completeness of the data for

individual or aggregate use with other data, or for purposes not intended by BLM. 

This map may not meet National Map Accuracy Standards. This product was

developed through digital means and information may be updated without notification.

Rivers

RFD

Low

Moderate

Federal Subsurface Managed by BLM

SUBSURFACE

All Minerals

Coal, Oil, and Gas

Oil and Gas

Planning Area Boundary

State Border
Exhibit B

June 3 Termination Notice

Case:17-03283-LTS Doc#:22897-2 Filed:11/21/22 Entered:11/21/22 16:30:17 Desc:

Exhibit B Page 1 of 2
COMMONWEALTH OF PUERTO RICO

OFICINA DE GERENCIA DE PERMISOS

[PERMIT MANAGEMENT OFFICE]

June 3, 2014

Dr. Olga E. Rivera Velazco

CEO

Instituto Comercial de Puerto Rico, Inc.

PO Box 190394

San Juan, Puerto Rico, 00919-0304

Ref.: Lease Agreement Number 2014-000011

Lease for the premises of the Regional Office in Arecibo

Dear Dr. Rivera,

On November 22, 2013, the Permits Management Office (OGPe) signed lease agreement number 

2014-000011, by means of which it leased out a unit owned by your organization, located at Carr. Núm 

2, Km 80.4, in the municipality of Arecibo, Puerto Rico. The term of the lease was five (5) years, 

commencing on December 1, 2013.

Due to the fiscal circumstances facing the Government of Puerto Rico and following an amendment 

to the Law that created the Agency, we have been forced to reduce our operating costs. To that end, 

proposals were requested for the relocation of the Regional Office to a smaller and more cost-effective

location.

Clause XV “Termination” of the agreement states that either party can terminate the agreement by 

giving the other party advance written notice of one hundred and twenty (120) days. Those days will 

be counted from the date shown in this letter.

In light of the above and in accordance with the provisions of that clause, we hereby give official notice 

that we will keep the leased unit until October 1, the date on which the 120 days expire. We would 

like to thank you for allowing us to run our Regional Office in Arecibo from those premises over the 

last few years.

Kind regards,

[Signature: illegible]

Alberto Lastra Power

CEO

Alberto Lastra Power, 

Architect

CEO

Case:17-03283-LTS Doc#:22897-2 Filed:11/21/22 Entered:11/21/22 16:30:17 Desc:

Exhibit B Page 2 of 2
§ 117.21 Reserve status. ( a ) Unless specifically designated as airport/standby or short-call reserve by the certificate holder, all reserve is considered long-call reserve.
( b ) Any reserve that meets the definition of airport/standby reserve must be designated as airport/standby reserve. For airport/standby reserve, all time spent in a reserve status is part of the flightcrew member's flight duty period.
( c ) For short call reserve, ( 1 ) The reserve availability period may not exceed 14 hours.
( 2 ) For a flightcrew member who has completed a reserve availability period, no certificate holder may schedule and no flightcrew member may accept an assignment of a reserve availability period unless the flightcrew member receives the required rest in § 117.25(e).
( 3 ) For an unaugmented operation, the total number of hours a flightcrew member may spend in a flight duty period and a reserve availability period may not exceed the lesser of the maximum applicable flight duty period in Table B of this part plus 4 hours, or 16 hours, as measured from the beginning of the reserve availability period.
( 4 ) For an augmented operation, the total number of hours a flightcrew member may spend in a flight duty period and a reserve availability period may not exceed the flight duty period in Table C of this part plus 4 hours, as measured from the beginning of the reserve availability period.
( d ) For long call reserve, if a certificate holder contacts a flightcrew member to assign him or her to a flight duty period that will begin before and operate into the flightcrew member's window of circadian low, the flightcrew member must receive a 12 hour notice of report time from the certificate holder.
( e ) A certificate holder may shift a reserve flightcrew member's reserve status from long-call to short-call only if the flightcrew member receives a rest period as provided in § 117.25(e).
OVER

2013

Dietary Supplements

Dietary supplements are products 

that people add to their diets. They 

include vitamins, minerals, herbs, 

and amino acids. They can be pills, 

liquids, powders or energy bars.

Although dietary supplements can 

help support good health, they may 

also cause side effects and health 

problems. It is important to think 

about the health benefits and risks 

before taking any product. 

Anyone can have problems with 

dietary supplements. Some women 

need to take special steps to stay 

safe.

Pregnant Women 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

Talk to your healthcare provider 

about what kind of prenatal 

vitamins you should take. 

Ask how much folic acid you 

should take before you get 

pregnant and during the first part 

of your pregnancy. Folic acid 

helps prevent birth defects in the 

baby’s brain and spine.

Women with Children

Talk to your healthcare provider 

before you give supplements like 

vitamins to a child. 

Keep all supplements out of your 

child’s reach and sight.

Women with Health Problems

Supplements are not intended to 

treat, diagnose, prevent, or cure 

diseases.

Do not take supplements instead 

of your prescription medicines.

Tell your healthcare provider 

about any herbs, vitamins or 

other products you take. Some 

can affect how your prescriptions 

work.

Some dietary supplements can be 

harmful if you take them before 

you have surgery.

Questions to Ask About Your 

Supplements

Talk to your healthcare provider 

before you use a dietary 

supplement. Ask:

How much should I take? Too 

much of some supplements can 

make you sick.

Will they affect the prescription or 

over-the-counter medicines I take?

When should I take them? For how 

long?

How FDA Helps You

FDA takes action against unsafe 

products after they are for sale.
TAKE TIME TO CARE... For yourself, for those who need you.

However, FDA does not review 

or approve the safety of dietary 

supplements before they are 

sold. FDA also reviews and takes 

action against false claims in 

product labels and other product 

information.

• 

• 

Contact FDA if you have a serious 

problem after taking a dietary 

supplement. 1-800-FDA-1088 or 

www.fda.gov/medwatch

Visit the FDA website to get other 

tips and safety alerts. www.fda.

gov/Food/DietarySupplements

Be a Smart Shopper

Beware of scams and false claims. 

If something sounds too good to be 

true, it probably is.

Get the facts before you buy.

• 

• 

• 

• 

Check the source of the 

information on the product 

website or TV ad.

Call or write the company that 

makes the product for more 

information.

Check the National Institutes of 

Health (NIH) website to learn 

more about research on dietary 

supplements. 

http://ods.od.nih.gov

Report false advertising to the 

Federal Trade Commission (FTC). 

www.ftc.gov or 1-877-382-4357

To get other women’s health materials, go to:

www.fda.gov/womens

Dietary Supplements
§ 103.7 Certification and registration. ( a ) Notwithstanding any other section pertaining to certification of aircraft or their parts or equipment, ultralight vehicles and their component parts and equipment are not required to meet the airworthiness certification standards specified for aircraft or to have certificates of airworthiness.
( b ) Notwithstanding any other section pertaining to airman certification, operators of ultralight vehicles are not required to meet any aeronautical knowledge, age, or experience requirements to operate those vehicles or to have airman or medical certificates.
( c ) Notwithstanding any other section pertaining to registration and marking of aircraft, ultralight vehicles are not required to be registered or to bear markings of any type.
#### POORMAN v. CRANE’S ADMINISTRATOR.

Error — record destroyed by fire and supplied — facts of record conclusive.

Where the record of a judgment including the recognizance of bail, has been destroyed by fire in Pennsylvania, and the judgment has been revived in that state according to its laws, by scire facias, and a suit afterwards is brought on the judgment in this state, it is not compe* tent for the defendant to question the regularity of the judgment in Pennsylvania.

The record in such case is conclusive evidence of the facts appearing in it.

Error. Crane in his lifetime went security for Poorman in Pennsylvania of record. Poorman failed to pay the money and judgment was had against him in Pennsylvania. After this the courthouse and record of the judgment were burned up. The creditor, however, according to the laws of Pennsylvania, supplied the record and revived the judgment: but being unable to obtain the money of Poorman, he proceeded against Crane on his recognizance, obtained a judgment, and compelled him to pay. The administrator sued in the court below to recover this money back again, and the Court of Common Pleas admitted transcripts of the proceedings in Pennsylvania as *prima facie evidence*of what appeared on their face. For the error of the court in admitting these transcripts it is sought to reverse the judgment.

Wood, J.

We see no error in these proceedings. A simple statement of the facts will show that these transcripts were properly admitted. The security was claimed to be a recognizance of the defendant, and all the judicial proceedings were according to the laws of the state where the obligation was entered into; and were but continued efforts to obtain satisfaction of the defendant’s debt. Does it lie in his mouth to say, he was not privy to the record?' We> think it does not. The revival of the judgment and the supply of the record, after it was burnt, by scire facias, was according to. the laws of Pennsylvania, and although the writ was not personally served on Poorman, yet that was done, which under the laws of that state was equivalent to service and appearance. We incline to the' opinion the only error committed was one favorable to the plaintiff in error, that of declaring the transcripts *only prima facie*evidence of the facts set forth in the record. They were conclusive evidence of these facts.

Let the judgment be affirmed with costs.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          FEB-28-2000
<PERIOD-START>                             MAR-01-1999
<PERIOD-END>                               MAY-31-1999
<CASH>                                       1,333,248
<SECURITIES>                                         0
<RECEIVABLES>                                1,248,950
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,838,499
<PP&E>                                       1,556,259
<DEPRECIATION>                                 401,706
<TOTAL-ASSETS>                              14,100,122
<CURRENT-LIABILITIES>                        2,173,226
<BONDS>                                              0
<PREFERRED-MANDATORY>                            1,619
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  11,925,277
<TOTAL-LIABILITY-AND-EQUITY>                14,100,122
<SALES>                                        163,447
<TOTAL-REVENUES>                             1,312,525
<CGS>                                            2,490
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                680,306
<INCOME-TAX>                                   253,197
<INCOME-CONTINUING>                            666,396
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   427,109
<EPS-BASIC>                                        .03
<EPS-DILUTED>                                      .03


</TABLE>
#### § 333.3 Consent required for exercise of trust powers.

Except as provided in 12 CFR 303.242(a), a State nonmember bank or State savings association seeking to exercise trust powers must obtain prior written consent from the FDIC. Procedures for obtaining the FDIC's prior written consent are set forth in 12 CFR 303.242.

[83 FR 60337, Nov. 26, 2018]
Case:17-03283-LTS Doc#:24035-33 Filed:04/19/23 Entered:04/19/23 22:37:35 Desc:

Exhibit Page 1 of 1
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Counse l Federa l Aviatio n Administratio n 80 0 Independenc e Avenue , S.W
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-
I 

108TH CONGRESS 

1ST SESSION H. R. 3687

To amend section 1464 of title 18, United States Code, to provide for 

the punishment of certain profane broadcasts, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 8, 2003

Mr. OSE (for himself and Mr. SMITH of Texas) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL

To amend section 1464 of title 18, United States Code, 

to provide for the punishment of certain profane broadcasts, and for other purposes.

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

3 That section 1464 of title 18, United States Code, is 

4 amended—

5 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(b) As used in this section, the term ‘profane’, used 

8 with respect to language, includes the words ‘shit’, ‘piss’, 

9 ‘fuck’, ‘cunt’, ‘asshole’, and the phrases ‘cock sucker’, 

10 ‘mother fucker’, and ‘ass hole’, compound use (including 
2

•HR 3687 IH 

1 hyphenated compounds) of such words and phrases with 

2 each other or with other words or phrases, and other 

3 grammatical forms of such words and phrases (including 

4 verb, adjective, gerund, participle, and infinitive forms).’’.

Æ