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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DONALD LEWIS DAVIS,

Petitioner

- Appellant,

v.

J. T. SHARTLE, Warden,

Respondent

- Appellee. No. 17

- 16796

D.C. No. 4:17

- cv

- 00045

- JGZ

MEMORANDUM *

Appeal from the United States District Court

for the District of Arizona Jennifer G. Zipps, District Judge, Presiding

Submitted August 15, 2018 **

Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.

Federal prisoner Donald Lewis Davis appeals pro se from the district court ’ s

judgment dismissing his 28 U.S.C. § 2241 petition for a writ of habeas corpus

. We

have jurisdiction under 28 U.S.C. § 1291

. Reviewing de novo, Ivy v. Pontesso

,

328 F.3d 1057, 1059 (9th Cir. 2003)

, we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for dec ision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

AUG 21 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 17

- 16796

Davi s contends that the prison violated his procedural due process rights by

imposing disciplinary sanctions on him without having warn ed him upon his

arrival to the prison about the Inmate Discipline Program or about the fact that

certain prohibited behaviors carry a mandatory “ loss of good

- time credit ” sanction

.

H e relies on the U.S. Bureau of Prisons (“BOP”)’s program statements

, and his

contention that his signature was forged on an orientation attendance form

, to

support this claim

. Even if the program statements were to demonstrate a prison

policy of providing an overview of the Inmate Discipline Program ’s mandatory

sanctions to incoming prisoners, a “habeas claim cannot be sust ained based solely

upon the BOP’s purported violation of its own program statement because

noncompliance with a BOP program statement is not a violation of federal law.”

Reeb v. Thomas , 636 F.3d 1224, 1227 (9th Cir. 2011). Thus, Davis cannot

establish a due process violation.

Davis concedes that all disciplinary proceedings against him comported with

the minimal proce dural due process requirements outlined in Wolff v. McDonnell

,

418 U.S. 539, 563

- 68 (1974). Therefore, the district court did not err by

di smissing Davis’s petition.

AFFIRMED.
§ 25.1721 Protection of EWIS. ( a ) No cargo or baggage compartment may contain any EWIS whose damage or failure may affect safe operation, unless the EWIS is protected so that: ( 1 ) It cannot be damaged by movement of cargo or baggage in the compartment.
( 2 ) Its breakage or failure will not create a fire hazard.
( b ) EWIS must be designed and installed to minimize damage and risk of damage to EWIS by movement of people in the airplane during all phases of flight, maintenance, and servicing.
( c ) EWIS must be designed and installed to minimize damage and risk of damage to EWIS by items carried onto the aircraft by passengers or cabin crew.
#### MAYFIELD v. SMOTHERS.

(Decided April 22, 1915.)

Appeal from Fayette Circuit Court.

Heard before Hon. Bernard Harwood.

Ray & Cooner, for appellant, McNiel & Monroe, for appellee.
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<PAGE>
                                                                   EXHIBIT 10(v)

                                 PROMISSORY NOTE

$750,000.00                                               DATED:  APRIL 8, 2002


         FOR VALUE RECEIVED, ROWLAND SCHAEFER (the "Borrower"), resided at 1601
Diplomat Parkway, Hollywood, Florida 33019, promises to pay to the order of
Claire's Stores, Inc., a Florida Corporation (the "Payee"), at the offices of
the Payee located at 3 SW 129th Avenue, Pembroke Pines, Florida 33027 or at such
other place as the Payee may specify from time to time, in lawful money of the
United State of America, the principal sum of Seven hundred fifty thousand
dollars and 00 cents ($750,000.00) plus interest on April 7, 2004. The unpaid
principal balance of this Note shall, until paid in full, bear interest at the
rate of 4.6% per annum. Interest, if any, shall be calculated on the basis of a
360-day year and a year consisting of twelve 30-day months.

         The Borrower may, at his option, at any time and from time to time,
repay all or any part of the principal balance of this Note, without penalty or
premium. Upon final payment of the principal and interest on this Note, it shall
be surrendered to the Borrower for cancellation.

         Presentment for payment, demand, notice of dishonor protest, notice of
protest and al other demands and notices in connection with the delivery,
performance and enforcement of this Note are hereby waived.

         This Note shall be governed by, and construed and interpreted in
accordance with, the laws of the State of Florida, without regard to any choice
of law provisions.

         THE BORROWER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO
THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT HE MAY HAVE TO A TRIAL BY JURY
OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS NOTE AND AGREES THAT ANY SUCH
DISPUTE SHALL, AT THE OPTION OF THE PAYEE, BE TRIED BEFORE A JUDGE SITTING
WITHOUT A JURY.



                                               /s/ ROWLAND SCHAEFER
                                               ---------------------------------
                                               ROWLAND SCHAEFER
# Official Journal L 53/2020

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 53 |
| | |
| English edition | Legislation | Volume 6325 February 2020 |

ISSN 1977-0677

Official Journal

of the European Union

L 53

English edition

Legislation

Volume 6325 February 2020

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | * | Council Decision (EU) 2020/243 of 13 February 2020 on the position to be taken on behalf of the European Union in the thirteenth meeting of the Conference of the Parties to the Convention on the conservation of migratory species of wild animals as regards proposals from various parties to amend the Appendices to that Convention, and on the withdrawal of a reservation notified to that Convention | 1 |

Contents

II   Non-legislative acts

page

DECISIONS

*

Council Decision (EU) 2020/243 of 13 February 2020 on the position to be taken on behalf of the European Union in the thirteenth meeting of the Conference of the Parties to the Convention on the conservation of migratory species of wild animals as regards proposals from various parties to amend the Appendices to that Convention, and on the withdrawal of a reservation notified to that Convention

1

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Council Regulation (EU) 2019/2197 of 19 December 2019 amending Regulation (EU) No 1387/2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products ( OJ L 335, 27.12.2019 ) | 4 |

Corrigenda

*

Corrigendum to Council Regulation (EU) 2019/2197 of 19 December 2019 amending Regulation (EU) No 1387/2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products ( OJ L 335, 27.12.2019 )

( OJ L 335, 27.12.2019 )

4

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
#### § 193.1 What does this part cover?

This part describes when and how the FAA protects from disclosure safety and security information that you submit voluntarily to the FAA. This part carries out 49 U.S.C. 40123, protection of voluntarily submitted information.
§ 212.5 Operation of affinity (pro rata) charters. An affinity (pro rata) charter operated by a certificated or foreign air carrier must meet the following criteria: ( a ) The aircraft must be chartered by an organization, no part of whose business is the formation of groups for transportation or solicitation or sale of transportation services, for the purpose of providing air transportation to its members and their immediate families.
( b ) The charter must be organized by the organization itself, or by a person or company who acts not as a principal, but as an agent for the chartering organization or the certificated or foreign air carrier.
( c ) No solicitation, sales, or participation may take place beyond the bona fide members of an eligible chartering organization, and their immediate families (spouse, children, and parents). All printed solicitation materials shall contain the following notice in boldface, 10-point or larger type— Some of the Federal rules that protect against tour changes and loss of passengers' money in publicly sold charters do not apply to this charter flight.
( d ) “Bona fide members” are members of an organization who: Have not joined the organization merely to travel on a charter flight; and who have been members of the chartering organization for a minimum of six months prior to the date of commencement of the affected flight; *provided,* that the “six month” rule does not apply to: ( 1 ) Employees of a single commercial establishment, industrial plant, or government agency, or
( 2 ) Students and employees of a single school.
( e ) The charter price due the direct air carrier shall be prorated equally among all the charter passengers, except that children under 12 may be offered discounted or free transportation.
( f ) The certificated or foreign air carrier shall make reasonable efforts to assure that passengers transported meet the eligibility requirements of this section. The certificated or foreign air carrier shall also obtain (no later than the date of departure), and maintain for two years, a certification by an authorized representative of the chartering organization that all passengers are eligible for transportation under this section.
[Federal Register Volume 65, Number 89 (Monday, May 8, 2000)]
[Notices]
[Pages 26596-26597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11363]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP00-258-000]


Trunkline LNG Company; Notice of Proposed Changes in FERC Gas 
Tariff

May 2, 2000.
    Take notice that on April 28, 2000, Trunkline LNG Company (TLNG) 
tendered for filing the following revised tariff sheet as part of its 
FERC Gas Tariff, Original Volume No. 1, to be effective June 1, 2000:

Fourth Revised Sheet No. 1

    TLNG states that the purpose of this filing, made in accordance 
with the provisions of Section 154.602 of the Commission's Regulations, 
is to cancel TLNG's FERC Gas Tariff, Original Volume No. 1 in its 
entirety. The last effective rate schedule, Rate Schedule PLNG-2, was 
abandoned and canceled effective April 1, 1999 by the Commission's 
Order Approving Abandonment issued July 9, 1999 in Docket No. CP99-525-
000 and the Commission's Order Accepting Tariff Sheets and Refund Plan 
issued March 15, 2000 in Docket No. RP92-122-008 (lead docket Trunkline 
Gas Company Docket No. RP87-15-036). All of the rate schedules in 
TLNG's Original Volume No. 1 have been canceled and no customers are 
affected by this filing. Therefore, TLNG proposes to cancel its 
Original Volume No. 1 in its entirety. TLNG will continue to offer open 
access service under its FERC Gas Tariff, Original Volume No. 1-A.
    TLNG states that copies of this filing are being served on 
applicable state regulatory agencies.

[[Page 26597]]

    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in 
accordance with sections 385.214 or 385.211 of the Commission's Rules 
and Regulations. All such motions or protests must be filed in 
accordance with section 154.210 of the Commission's Regulations. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceedings. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection in the Public 
Reference Room. This filing may be viewed on the web at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance).

David P. Boergers,
Secretary.
[FR Doc. 00-11363 Filed 5-5-00; 8:45 am]
BILLING CODE 6717-01-M
GOLDEN AMERICAN LIFE INSURANCE COMPANY
                            SURPLUS NOTE

Golden American Life Insurance Company agrees to pay First Columbine
Life Insurance Company a Colorado corporation, the sum of $35 million
($35,000,000.00) plus interest at the rate of 7.979% per annum from
the date hereof, December 8, 1999 until paid.  In any event, this
note will mature on December 7, 2029.

This Surplus Note and accrued interest thereon shall be subordinate
to payments due to policyholders, claimant and beneficiary claims, as
well as debts owed to all other classes of debtors, other than
surplus note holders, of Golden American Life Insurance Company in
the event of (a) the institution of bankruptcy, reorganization,
insolvency or liquidation proceedings by or against Golden American
Life Insurance Company, or (b) the appointment of a Trustee, receiver
or other Conservator for a substantial part of Golden American Life
Insurance Company properties.

Any payments made shall first apply to accrued interest, and the
balance of such payment shall apply to reduce the principal of this
Note.

Any payment of principal and/or interest made shall be subject to the
prior approval of the Delaware Insurance Commissioner.  If the
Commissioner has not approved payment of principal to retire the note
prior to its maturity date, the maturity date will be automatically
extended until such time as the Commissioner authorizes payment of
the final balance of principal.

Golden American Life Insurance Company hereby waives presentment and
notice of dishonor.

In witness whereof, Golden American Life Insurance Company has caused
this Note to be executed and delivered.

                              GOLDEN AMERICAN LIFE INSURANCE COMPANY

                              By: /s/ David L. Jacobson
                                  --------------------------------
                                  David L. Jacobson, Senior Vice
                                  President and Assistant Secretary


Attest by:

/s/ Myles R. Tashman
------------------------
Myles R. Tashman
Executive Vice President and Secretary
#### § 25.969 Fuel tank expansion space.

Each fuel tank must have an expansion space of not less than 2 percent of the tank capacity. It must be impossible to fill the expansion space inadvertently with the airplane in the normal ground attitude. For pressure fueling systems, compliance with this section may be shown with the means provided to comply with § 25.979(b).

[Amdt. 25-11, 32 FR 6913, May 5, 1967]
#### ARKANSAS STATE HIGHWAY COMM’N *v*C. L. SMITH et ux

5-5772

477 S.W. 2d 170

Opinion delivered March 6, 1972

*Thomas B. Keys, Charles Yingling, Jr.*and *Hubert Graves,*for appellant.

No brief for appellees.

George Rose Smith, Justice.

The highway department, in appealing from an $8,500 verdict and judgment *7in this condemnation case, argues two grounds for reversal.

First, it is insisted that the landowners’ expert witness, W. L. Robertson, had no reasonable basis for his valuation, because he relied upon certain comparable sales without being able to show that those purchasers bought the lands for the same purpose that constituted the highest and best use for the tract now in issue. That same argument was rejected recently in an opinion that was delivered after the appellant’s brief in the case at bar was printed. *Ark. State Highway Comm.*v. *Hawkins,*251 Ark. 718, 474 S.W. 2d 673 (1972). We adhere to the view that we expressed there: “If the two tracts can fairly and reasonably be said to be comparable, then the other person’s subjective intent in making his purchase is not of controlling importance.”

Secondly, after the witness Robertson, a real estate dealer, had stated his qualifications as an expert, counsel for the highway department asked permission to conduct a further voir dire examination before the witness gave his testimony in chief. We cannot say that the trial judge’s denial of that request was error. The trial court must necessarily be accorded a wide discretion in controlling the examination of witnesses. Ark. Stat. Ann. § 28-703 (Repl. 1962); *Ark. State Highway Comm.*v. *Dipert,*249 Ark. 1145, 463 S.W. 2d 388 (1971); *Beam*v. *Parsons,*245 Ark. 380, 432 S. W. 2d 768 (1968). In the court below, counsel for the condemnor searchingly explored the witness’s qualifications on cross-examination. The jury was apparently impressed, for the verdict was less than half the figure fixed by the witness as just compensation. We can find in the trial court’s ruling neither any abuse of discretion nor any prejudicial effect upon the condemnor’s rights.

Affirmed.
Case:17-03283-LTS Doc#:3454-27 Filed:07/09/18 Entered:07/09/18 14:08:37 Desc:

Appendix Summons Carlos M. Garcia Page 1 of 2
Case:17-03283-LTS Doc#:3454-27 Filed:07/09/18 Entered:07/09/18 14:08:37 Desc:

Appendix Summons Carlos M. Garcia Page 2 of 2
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

 No. 17 BK 3283-LTS

 (Jointly Administered)

NOTICE OF APPEARANCE AND REQUEST FOR NOTICE

To the Honorable United States District Court Judge Laura Taylor Swain:

COMES NOW, the undersigned counsel, and respectfully sets forth as follows:

1. Creditor and/or party in interest COOPERATIVA DE AHORRO Y CREDITO 

DE LARES Y REGION CENTRAL has retained the services of the undersigned’s law firm to 

represent it in the instant case.

2. Therefore, the undersigned respectfully requests that all pleadings, orders, notices, 

and documents filed and entered in this case be notified upon the undersigned counsel.

WHEREFORE, it is respectfully requested from this Honorable Court to enter an order 

for all notices, pleadings, orders and documents filed in this case to be sent to the undersigned..

I HEREBY CERTIFY that on this date, I electronically filed the foregoing with the Clerk 

of the Court using the CM/ECF system, which will send notification of such filing to all 

CM/ECF participants. 

 

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 9i) Commonwealth of Puerto Rico 

(Bankruptcy Case No. 17 BK 3283- 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); and (v) Puerto Rico Electric Power Authority (“PREPA”) (Bankruptcy case No. 17 BK 4780-LTS) (Last 

Four Digits of Federal Tax ID: 3747). (Title III case numbers are listed as Bankruptcy Case numbers due to software 

limitations).

Case:17-03283-LTS Doc#:2998 Filed:05/02/18 Entered:05/02/18 17:53:49 Desc: Main

Document Page 1 of 2
RESPECTFULLY SUBMITTED. 

In San Juan, Puerto Rico this 2nd day of May, 2018.

ALMEIDA & DÁVILA, P.S.C.

PO Box 191757

San Juan, Puerto Rico 00919-1757

Phone: (787) 722-2500

Fax: (787) 777-1376

/S/ ENRIQUE M. ALMEIDA BERNAL

USDC-PR 217701

Email: ealmeida@almeidadavila.com

/S/ ZELMA DÁVILA CARRASQUILLO

USDC-PR 218913

Email: zdavila@almeidadavila.com

Case:17-03283-LTS Doc#:2998 Filed:05/02/18 Entered:05/02/18 17:53:49 Desc: Main

Document Page 2 of 2
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# INVENTORY EXPERT SERVICE REPORT IES Order Number: 350862-5 Registry 

### Number: 1456803·12-5 CA Index Name: Ethanol, 2-amino-, com pd. 

### with 2-methyloxirane polymer with oxirane monohexadecyl ether phosphate CAS 

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in red to your JES order. Please make the same corrections

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