alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 105-70.037 Initial decision. ( a ) The ALJ shall issue an initial decision based only on the record, which shall contain findings of fact, conclusions of law, and the amount of any penalties and assessments imposed.
( b ) The findings of fact shall include a finding on each of the following issues: ( 1 ) Whether the claims or statements identified in the complaint, or any portions thereof, violate § 105-70.003.
( 2 ) If the person is liable for penalties or assessments, the appropriate amount of any such penalties or assessments considering any mitigating or aggravating factors that he or she finds in the case.
( c ) The ALJ shall promptly serve the initial decision on all parties within 90 days after the time for submission of post-hearing briefs and reply briefs (if permitted) has expired. The ALJ shall at the same time serve all parties with a statement describing the right of any defendant determined to be liable for a civil penalty or assessment to file a motion for reconsideration with the ALJ or a notice of appeal with the Authority Head. If the ALJ fails to meet the deadline contained in this paragraph, he or she shall notify the parties of the reason for the delay and shall set a new deadline.
( d ) Unless the initial decision of the ALJ is timely appealed to the Authority Head, or a motion for reconsideration of the initial decision is timely filed, the initial decision shall constitute the final decision of the Authority Head and shall be final and binding on the parties 30 days after it is issued by the ALJ.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD SCOTT KINDRED, 

Plaintiff-Appellant, 

 v. 

MARISA BIGOT; KENNETH BELL, 

Defendants-Appellees.

No. 17-17431 

D.C. No. 1:14-cv-01652-AWI-MJS 

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Anthony W. Ishii, District Judge, Presiding

Submitted June 12, 2018**

Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges. 

California civil detainee Richard Scott Kindred appeals pro se from the 

district court’s order denying his motions for a preliminary injunction and a 

temporary restraining order. We have jurisdiction under 28 U.S.C. § 1292(a)(1). 

We review for an abuse of discretion. Religious Tech. Ctr., Church of Scientology 

 

* 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 decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JUN 20 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 17-17431 

Int’l, Inc. v. Scott, 869 F.2d 1306, 1309 (9th Cir. 1989). We affirm.

The district court did not abuse its discretion in denying Kindred’s requests 

for preliminary injunctive relief against Bell because Kindred failed to demonstrate 

that he would likely suffer irreparable harm in the absence of the requested relief. 

See Jackson v. City & County of San Francisco, 746 F.3d 953, 958 (9th Cir. 2014) 

(setting forth requirements for obtaining a preliminary injunction); Stuhlbarg Int’l 

Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001) 

(explaining that standards for issuing a temporary restraining order and a 

preliminary injunction are “substantially identical”); Goldie’s Bookstore v. 

Superior Court, 739 F.2d 466, 472 (9th Cir. 1984) (“Speculative injury does not 

constitute irreparable injury.”); see also Gomez v. Vernon, 255 F.3d 1118, 1128 

(9th Cir. 2001) (“In general, injunctive relief is to be used sparingly, and only in a 

clear and plain case.” (citation and internal quotation marks omitted)). 

The district court did not abuse its discretion in denying Kindred’s requests 

for preliminary injunctive relief against individuals not before the district court 

because the district court could not provide relief against such individuals. See 

Zepeda v. INS, 753 F.2d 719, 727 (9th Cir. 1985) (federal courts “may not attempt 

to determine the rights of persons not before the court”). 

We reject as unsupported by the record Kindred’s contentions that 

defendants did not serve Kindred copies of defendants’ motions to strike and that 
3 17-17431 

the district court failed to recognize Kindred is a civil detainee. 

We do not consider arguments and allegations raised for the first time on 

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). 

AFFIRMED.
§ 3050.2 Documentation of periodic reports. ( a ) At the time that it submits any periodic report to the Commission, the Postal Service shall identify any input data that have changed, list any quantification techniques that it has changed, and list any corrections that it has made since that report was last submitted to and accepted by the Commission. It shall provide a brief narrative explanation of each listed change.
( b ) If workpapers are required to support a periodic report, they shall: ( 1 ) Show all calculations employed in producing each estimate;
( 2 ) Be sufficiently detailed to allow all numbers used in such calculations to be traced back to public documents or to primary data sources; and
( 3 ) Be submitted in a form, and be accompanied by sufficient explanation and documentation, to allow them to be replicated using a publicly available PC application.
( c ) Spreadsheets used in preparing periodic reports shall be submitted in electronic form. They shall display the formulas used, their links to related spreadsheets, and shall not be password protected.
( d ) Filing of portions of the documentation required by paragraphs (b) and (c) of this section that are not time critical may be delayed up to 2 weeks if the Postal Service obtains permission from the Commission to defer filing of such portions at least 30 days prior to the date on which the periodic report is due.
Exhibit
32.2




CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




In
connection with the Annual Report of Onvia, Inc. (the “Company”) on Form 10-K
for the period ending December 31, 2007 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Cameron S. Way, Chief
Accounting Officer of the Company, certify, pursuant to 18 U.S.C. section 1350,
as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002,
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
      Company.




/s/
      Cameron S. WayCameron
      S. WayChief
      Accounting OfficerMarch
      31, 2008




A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906, has been provided to Onvia, Inc. and will be retained by Onvia,
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.
#### § 102-78.70 What are an agency's historic preservation responsibilities when disposing of another Federal agency's real property?

Federal agencies must not accept property declared excess by another Federal agency nor act as an agent for transfer or sale of such properties until the holding agency provides evidence that the Federal agency has met its National Historic Preservation Act responsibilities.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED MA RCH 13, 2013

NO. 03

- 12

- 00411

- CV

Metro Ford Truck Sales, Appellant

v.

Texas Department of Motor Vehicles, Motor Vehicle Division; Freightliner LLC, n/k/a Daimler Trucks North Ame rica LLC; and Sterling Truck Corporation, Appellee s

DIRECT APPEAL FROM THE MOTOR VEHICLE DIVISION OF THE

TEXAS DEPARTMENT OF MOTOR VEHICLES BEFORE CHIEF JUSTICE JONES, JUSTICES GOODWIN AND FIELD AFFIRMED

-- OPINION BY CHIEF JUSTICE JONES

THIS CAUSE came on to be heard on the record of the agency below, and the same being

considered, because it is the opinion of this Court that there was no error requiring reversal in the

Motor Vehicle Division’s orders : IT IS THEREFORE considered, adjudged and order ed that

the order dated February 17, 2012, in the agency’s Docket Nos . 95

- 137 and 95

- 967 (2012

Metro I Order) and the order dated February 17, 2012 in the agency’s Docket No. 04

- 0 0 10 LIC

( 2012 Metro V Order) are in all things affirmed. It is FURTHER order ed that the appellant pay

al l costs relating to this appeal, and that this decision be certified below for observance

.
§ 102-5.5 Preamble. ( a ) The questions and associated answers in this part are regulatory in effect. Thus compliance with the written text of this part is required by all to whom it applies.
( b ) The terms “we,” “I,” “our,” “you,” and “your,” when used in this part, mean you as a Federal agency, an agency head, or an employee, as appropriate.
AMERICAN CONSUMERS, INC.
                           NET INCOME PER COMMON SHARE
                                   EXHIBIT 11

<TABLE>
<CAPTION>
                                        THIRTEEN WEEKS ENDED         TWENTY-SIX WEEKS ENDED

                                      November 27,  November 28,  November 27,   November 28,
                                          1999          1998          1999           1998
                                      ------------  ------------  ------------   ------------
<S>                                     <C>           <C>           <C>           <C>
Net income (loss) for computing
  earnings per common share             ($15,462)     $ 11,578      ($37,802)     ($ 21,073)
                                        ========      ========      ========      =========

Weighted average number of
   common shares outstanding
   during each period                    842,467       890,067       840,892        889,537
                                        ========      ========      ========      =========

Net income (loss) per common share
                                        ($ 0.018)     $  0.013      ($ 0.045)     ($  0.024)
                                        ========      ========      ========      =========
</TABLE>
#### § 102-83.60 What is an urban area?

An urban area is any area contained within the geographic boundaries of a CBSA.
§ 105-56.001 Scope. ( a ) This subpart covers internal GSA collections under 5 U.S.C. 5514. It applies when certain debts to the United States are recovered by administrative offset from the disposable pay of a GSA employee or a cross-serviced agency employee, except in situations where the employee consents to the recovery.
( b ) The collection of any amount under this subpart will be in accordance with the standards promulgated pursuant to the Debt Collection Improvement Act of 1996 (DCIA), 31 U.S.C. 3701 *et seq.,* and the Federal Claims Collection Standards, 31 CFR parts 900 through 904 as amended, or in accordance with any other statutory authority for the collection of claims of the United States or any Federal agency.
#### § 101-5.301 Applicability.

This subpart 101-5.3 is applicable to all Federal agencies which occupy space in or are prospective occupying agencies of a building or group of adjoining buildings managed by GSA.
<PAGE>

                                                                   EXHIBIT 99.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Allis-Chalmers Corporation (the
"Company") on Form 10-Q for the period ending March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Todd C.
Seward, Chief Accounting Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, to my knowledge, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

         (1)      The Report fully complies with the requirements of Section
                  13(a) or 15(d) of the Securities Exchange Act of 1934, as
                  amended; and

         (2)      The information contained in the Report fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Company.


By  /s/ Todd C. Seward
    ------------------
        Todd C. Seward
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-6652

WILLIAM RANDOLPH GRANDISON,

Petitioner - Appellant,

v.

HAROLD W. CLARKE,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Richmond. Henry E. Hudson, District 

Judge. (3:11-cv-00348-HEH)

Submitted: July 26, 2012 Decided: August 2, 2012

Before MOTZ, DAVIS, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Randolph Grandison, Appellant Pro Se. Virginia Bidwell 

Theisen, Senior Assistant Attorney General, Richmond, Virginia, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

William Randolph Grandison seeks to appeal the 

district court’s order denying relief on his 28 U.S.C. § 2254 

(2000) petition. We dismiss the appeal for lack of jurisdiction 

because the notice of appeal was not timely filed. 

Parties are accorded thirty days after the entry of 

the district court’s final judgment or order to note an appeal, 

Fed. R. App. P. 4(a)(1)(A), unless the district court extends 

the appeal period under Fed. R. App. P. 4(a)(5), or reopens the 

appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely 

filing of a notice of appeal in a civil case is a jurisdictional 

requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007).

The district court’s order was entered on the docket 

on February 24, 2012. The notice of appeal was filed on April 

6, 2012. Because Grandison failed to file a timely notice of 

appeal or to obtain an extension or reopening of the appeal 

period, we deny leave to proceed in forma pauperis and dismiss 

the appeal.*

 We dispense with oral argument because the facts 

and legal contentions are adequately presented in the materials 

 * Although the district court erroneously informed Grandison 

that he had sixty — rather than thirty — days to appeal, we 

cannot excuse his untimely filing under the unique circumstances 

doctrine. Bowles, 551 U.S. at 214.
3

before the court and argument would not aid the decisional 

process.

DISMISSED
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 22-cv-24120-BLOOM/Otazo-Reyes

DENEEN CORNIN,

Plaintiff,

v.

CARNIVAL CORPORATION,

Defendant.

________________________________/

ORDER ADMINISTRATIVELY CLOSING CASE

THIS CAUSE is before the Court upon the Notice of Settlement, ECF No. [33], filed on

June 5, 2023, indicating that the parties have reached a settlement of the claims in this case.

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. The above-styled action is administratively CLOSED without prejudice to the parties 

to file appropriate dismissal documentation.

2. The Clerk of Court shall CLOSE this case for administrative purposes only.

3. To the extent not otherwise disposed of, any scheduled hearings are CANCELED, 

all pending motions are DENIED AS MOOT, and all deadlines are 

TERMINATED.

DONE AND ORDERED in Chambers at Miami, Florida, on June 5, 2023.

_________________________________

BETH BLOOM

UNITED STATES DISTRICT JUDGE

Copies to: 

Counsel of Record

Case 1:22-cv-24120-BB Document 34 Entered on FLSD Docket 06/06/2023 Page 1 of 1
I

106TH CONGRESS

2D SESSION H. R. 5600

To establish an Office of Management in the Executive Office of the President, and to redesignate the Office of Management and Budget as

the Office of the Federal Budget.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 29, 2000

Mr. HORN (for himself, Mr. BURTON of Indiana, Mr. BALLENGER, and Mr.

MICA) introduced the following bill; which was referred to the Committee

on Government Reform

A BILL

To establish an Office of Management in the Executive Office

of the President, and to redesignate the Office of Management and Budget as the Office of the Federal Budget.

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

3 SECTION. 1. ESTABLISHMENT OF OFFICE OF MANAGE4 MENT.

5 (a) ESTABLISHMENT.—There is hereby established in

6 the Executive Office of the President the Office of Man7 agement, the purpose of which shall be to improve Federal

8 management and organization and to promote efficiency
2

•HR 5600 IH

1 and effectiveness in the operation of the Federal Govern2 ment.

3 (b) DIRECTOR; DEPUTY DIRECTOR.—(1) There shall

4 be at the head of the Office of Management a Director,

5 who shall be appointed by the President by and with the

6 advice and consent of the Senate. The Director shall be

7 compensated at the annual rate of basic pay for Executive

8 level I as provided in section 5312 of title 5, United States

9 Code.

10 (2) There shall be a Deputy Director of the Office

11 of Management, who shall be appointed by the President

12 by and with the advice and consent of the Senate. The

13 Deputy Director shall be compensated at the annual rate

14 of basic pay for Executive level II as provided in section

15 5313 of title 5, United States Code.

16 (c) TRANSFER OF AUTHORITY AND FUNCTIONS.—(1)

17 The following offices in the Office of Management and

18 Budget are abolished, and the functions and authorities

19 of the heads of such offices are hereby transferred to the

20 Director of the Office of Management:

21 (1) The Office of Federal Procurement Policy.

22 (2) The Office of Information and Regulatory

23 Affairs.

24 (3) The Office of Federal Financial Manage25 ment.
3

•HR 5600 IH

1 (4) The Office of the Deputy Director for Man2 agement.

3 (5) The Office of the Chief Financial Officer.

4 SEC. 2. REDESIGNATION OF OFFICE OF MANAGEMENT AND

5 BUDGET.

6 The Office of Management and Budget is hereby re7 designated as the Office of the Federal Budget. Any au8 thorities of, and functions performed by, the Director and

9 other officers and appointees of the Office of Management

10 and Budget before the date of the enactment of this Act

11 and not transferred under section 1 shall remain the au12 thorities and functions of the Director as the head of the

13 Office of the Federal Budget and such other officers and

14 appointees as appropriate.

15 SEC. 3. CONFORMING AMENDMENTS TO OTHER LAWS.

16 Not later than 90 days after the date of the enact17 ment of this Act, the President shall submit to Congress

18 recommendations for any conforming amendments nec19 essary to carry out the purposes of this Act.

Æ
#### § 102-74.75 May Federal agencies sell tobacco products in vending machines in Government-owned and leased space?

No. Section 636 of Public Law 104-52 prohibits the sale of tobacco products in vending machines in Government-owned and leased space. The Administrator of GSA or the head of an Agency may designate areas not subject to the prohibition, if minors are prohibited and reports are made to the appropriate committees of Congress.
§ 102-80.80 With what general accident and fire prevention policy must Federal agencies comply? Federal agencies must— ( a ) Comply with the occupational safety and health standards established in the Occupational Safety and Health Act of 1970 (Pub. L. 91-596); Executive Order 12196; 29 CFR part 1960; and applicable safety and environmental management criteria identified in this part;
( b ) Not expose occupants and visitors to unnecessary risks;
( c ) Provide safeguards that minimize personal harm, property damage, and impairment of Governmental operations, and that allow emergency forces to accomplish their missions effectively;
( d ) Follow accepted fire prevention practices in operating and managing buildings;
( e ) To the maximum extent feasible, comply with one of the nationally recognized model building codes and with other nationally-recognized codes in their construction or alteration of each building in accordance with 40 U.S.C. 3312; and
( f ) Use the applicable national codes and standards as a guide for their building operations.
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 1:22-cv-24066-KMM 

GRACE, INC.; ENGAGE MIAMI, INC.; 

SOUTH DADE BRANCH OF THE NAACP; 

MIAMI-DADE BRACH OF THE NAACP; 

CLARICE COOPER; YANELIS VALDES; 

JARED JOHNSON; and ALEXANDER 

CONTRERAS, 

 Plaintiffs, 

v. 

CITY OF MIAMI, 

 Defendant. 

 / 

NOTICE OF APPEAL TO THE ELEVENTH CIRCUIT COURT OF APPEALS 

NOTICE IS HEREBY GIVEN that Defendant, CITY OF MIAMI, hereby appeals to the 

United States Court of Appeal for the Eleventh Circuit the Order (ECF 60) entered on May 23, 

2023, by the United States District Court for the Southern District of Florida adopting the Report 

and Recommendation (ECF 52) and issuing a preliminary injunction, the Honorable Kevin 

Michael Moore presiding. 

 Respectfully submitted, 

 By: s/ Christopher N. Johnson 

GRAYROBINSON, P.A. 

Jason L. Unger, Esquire 

Florida Bar No. 991562 

George T. Levesque 

Florida Bar No. 55551 

Andy Bardos 

Florida Bar No. 822671 

301 S. Bronough Street 

Suite 600 

Tallahassee, Florida 32301 

Case 1:22-cv-24066-KMM Document 63 Entered on FLSD Docket 05/31/2023 Page 1 of 2
CASE NO. 1:22-cv-24066-KMM 

2 

Telephone: (850) 577-9090 

Facsimile: (850) 577-3311 

GRAYROBINSON, P.A.

Christopher N. Johnson 

 Florida Bar No. 69329 

Email: Christopher.Johnson@gray-robinson.com 

Marlene Quintana, B.C.S. 

Florida Bar No. 88358 

Email: Marlene.Quintana@gray-robinson.com 

333 S.E. 2nd Avenue, Suite 3200 

Miami, Florida 33131 

Telephone: (305) 416-6880 

Facsimile: (305) 416-6887 

CITY OF MIAMI 

VICTORIA MÉNDEZ, City Attorney 

Florida Bar No. 194931 

JOHN A. GRECO, Chief Deputy City Attorney 

Florida Bar No. 991236 

KEVIN R. JONES, Deputy City Attorney 

Florida Bar No. 119067 

KERRI L. MCNULTY, 

Litigation & Appeals Division Chief 

Florida Bar No. 16171 

Office of the City Attorney 

444 S.W. 2nd Avenue 

Miami, FL 33130 

Telephone: (305) 416-1800 

Facsimile: (305) 416-1801 

 Attorneys for Defendant 

CERTIFICATE OF SERVICE 

 I hereby certify that on May 31, 2023, I electronically filed the foregoing with the Clerk of the 

Court by using the CM/ECF. I also certify that the foregoing document is being served this day on all

counsel of record or pro se parties either via transmission of Notice of Electronic Filing generated by 

CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to 

receive electronically Notices of Electronic Filing. 

 By: s/ Christopher N. Johnson 

Christopher N. Johnson, Esq. 

Case 1:22-cv-24066-KMM Document 63 Entered on FLSD Docket 05/31/2023 Page 2 of 2