alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 The Honorable Charles R. Wolle, United States District Judge for the Southern

District of Iowa. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 00-1978

___________ Rick Lynn Stanton, also known * as Rickie Lynn Stanton, * * Appellant, * * v. * Appeal from the United States * District Court for the Southern Cindy L. Johnson, Deputy Clerk of * District of Iowa. Court Ringgold County, Iowa; Clerk * of District Court, Ringgold County, * [UNPUBLISHED] Iowa; Ringgold County Attorney, * Ringgold County, Iowa, * * Appellees. *

___________ Submitted: May 4, 2001 Filed: May 9, 2001

___________ Before HANSEN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.

___________ PER CURIAM. Rick Lynn Stanton appeals the district court’s 1 dismissal with prejudice of his civil rights action after the court granted defendants’ motion to dismiss and motion for-2-

summary judgment. Reviewing de novo, we agree with the district court that Mr. Stanton failed to state a claim and that the doctrines of sovereign and judicial immunityshielded defendants from liability. See Puerto Rico Aqueduct and Sewer Auth. v. Metcalf & Eddy, Inc. , 506 U.S. 139, 144 (1993) (absent waiver of Eleventh Amendment

immunity, neither state nor its agencies may be subject to suit in federal court); Will v. Mich. Dep’t of State Police , 491 U.S. 58, 71 (1989) (official-capacity suit against state official is not suit against official but rather is suit against official’s office; as such, suit is no different from one against state itself); Edelmanv. Jordan , 415 U.S. 651, 666-68 (1974) (return of monies that were allegedly wrongfully withheld from public-assistance-benefits applicants could not be classified as prospective injunctive relief, as funds to satisfy award would inevitably come from state’s general revenues; award was essentially indistinguishable from damage award against state); Hanten v. Sch. Dist. of Riverview Gardens , 183 F.3d 799, 805 (8th Cir. 1999) (standard of review); Boyer v. County of Washington , 971 F.2d 100, 102 (8th Cir. 1992) (per curiam) (clerk was entitled to absolute immunity for signing and issuing arrest warrant regardless of whether judge instructed her to do so because these acts are integral parts of criminal judicial process), cert. denied , 508 U.S. 974 (1993). Turning to Mr. Stanton’s other arguments on appeal, we find no error in the district court’s dismissal of the complaint without granting leave to amend: nothing in the record suggests Mr. Stanton ever attempted to amend it. Contrary to his suggestion, no claim for an accounting appeared in his complaint, nor was any state law claim clearly alleged. See Smith v. St. Bernards Reg’l Med. Ctr. , 19 F.3d 1254, 1255 (8th Cir. 1994) (Fed. R. Civ. P. 8(a)(2) requires complaint include short and plain statement of claim that gives fair notice of plaintiff's claim and grounds for relief). Finally, we conclude dismissal with prejudice was proper. See Wright v. Anthony , 733 F.2d 575, 577 (8th Cir. 1984). Accordingly, we affirm.-3-

A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
No. 10-788.

#### Rehberg *v.*Paulk.

C. A. 11th Cir. [Certiorari granted, 562 U. S. 1286.] Motion of the Solicitor General for leave to participate in oral argument as *amicus curiae*and for divided argument denied.
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#### § 3.25 Number of copies.

One original and one copy of FCC Form 44, “Application For Certification As An Accounting Authority” will be required. Only applications mailed to the Commission on official, Commission approved application forms will be considered. Applications should be mailed at least 90 days prior to planned commencement of settlement activities to allow time for the Commission to review the application and to allow for the informal public comment period.
103D CONGRESS

2D SESSION H. R. 4884

AN ACT

To authorize noncompetitive, career or career-conditional appointments for employees of the Criminal Justice Information Services of the Federal Bureau of Investigation

who do not relocate to Clarksburg, West Virginia.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Criminal Justice Infor5 mation Services Placement Assistance Act’’.
2

•HR 4884 EH

1 SEC. 2. NONCOMPETITIVE CAREER OR CAREER-CONDI2 TIONAL APPOINTMENTS FOR NONRELO3 CATING EMPLOYEES OF THE CRIMINAL JUS4 TICE INFORMATION SERVICES OF THE FBI.

5 (a) IN GENERAL.—Except as provided in subsection

6 (c), an individual described in subsection (b) may be ap7 pointed noncompetitively, under a career or career-condi8 tional appointment, to a position in the competitive service

9 if—

10 (1) the individual meets the qualification re11 quirements prescribed by the Office of Personnel

12 Management for the position to which appointed;

13 (2) the last previous Federal employment of the

14 individual was as an employee of the Criminal Jus15 tice Information Services Division of the Federal

16 Bureau of Investigation; and

17 (3) the individual is appointed to such position

18 within two years after separating from the Criminal

19 Justice Information Services Division.

20 (b) INDIVIDUAL DESCRIBED.—An individual de21 scribed in this subsection is an individual who—

22 (1) on the date of the enactment of this Act—

23 (A) is an employee of the Criminal Justice

24 Information Services Division of the Federal

25 Bureau of Investigation; and
3

•HR 4884 EH

1 (B) is serving in an appointed position (i)

2 to be relocated from Washington, District of

3 Columbia, to Clarksburg, West Virginia, and

4 (ii) that is excepted by law or regulation from

5 the competitive service; and

6 (2) has not relocated with his or her position in

7 the Criminal Justice Information Services Division

8 to Clarksburg, West Virginia.

9 (c) APPLICATION.—This section does not apply to an

10 individual serving on the date of the enactment of this Act

11 in an appointed position on a temporary or term basis.

Passed the House of Representatives August 16,

1994.

Attest:

Clerk.
103D CONGRESS

2D SESSION H. R. 4884

AN ACT

To authorize noncompetitive, career or career-conClarksburg, West Virginia. Bureau of Investigation who do not relocate to nal Justice Information Services of the Federal ditional appointments for employees of the Crimi-
###### Editorial Note on Part 1

#### Editorial Note:

Nomenclature changes to part 1 appear at 63 FR 54077, Oct. 8, 1998.

#### § 1.7002 Frequency of reports.

Entities subject to the provisions of § 1.7001 shall file reports semi-annually. Reports shall be filed each year on or before March 1st (reporting data required on FCC Form 477 as of December 31 of the prior year) and September 1st (reporting data required on FCC Form 477 as of June 30 of the current year). Entities becoming subject to the provisions of § 1.7001 for the first time within a calendar year shall file data for the reporting period in which they become eligible and semi-annually thereafter.

[78 FR 49148, Aug. 13, 2013]
Original,

No. 4510.

#### Harrington’s Case.

Submitted June 6, 1956.

Decided June 6, 1956.

*244
      *Richard F. Upton*for the respondent.

Kenison, C. J.

The inherent power of the judiciaiy to make reasonable rules for the admission and removal of members of the Bar *(Ricker’s Petition,*66 N. H. 207, 211), confirmed by long usage and statute (RSA 311:8), requires that this court should take expeditious action for the protection of the community in cases of professional misconduct. *Moore’s Case,*76 N. H. 227, 229. “As occasion arises, appropriate disciplinary measures may be taken for the protection of the public, as well as for the maintenance of public confidence in the bar as a whole.” *Welanko’s Case,*99 N. H. 413, 414. The misappropriation or embezzlement of clients’ funds by an attorney demonstrates such lack of common honesty as to clearly justify an attorney’s disbarment. *Delano’s Case,*58 N. H. 5. “Money collected by an attorney for his client, while in the hands of the attorney, is the money of the client and not capital for the use of the attorney in his business.” *Allen’s Case,*75 N. H. 301, 302. While restitution of the misappropriated funds may be taken into consideration by the Trial Court on the question of sentence, it does not preclude disbarment for the protection of the *245public. *Allen’s Case, supra.*The respondent’s conduct is contrary to his oath of office, demonstrates his unfitness to practice as an attorney and calls for his removal from office forthwith. The tendered resignation is refused and the respondent is disbarred as an attorney in this state.

*So ordered.*

All concurred.
§ 30.105 Geographic partitioning and spectrum disaggregation. ( a ) Parties seeking approval for partitioning and disaggregation shall request from the Commission an authorization for partial assignment of a license pursuant to § 1.948 of this chapter. Upper Microwave Flexible Use Service licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses.
( b ) *Technical standards* — ( 1 ) *Partitioning.* In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 of this chapter and list the partitioned service area on a schedule to the application. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83).
( 2 ) Spectrum may be disaggregated in any amount.
( 3 ) The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation.
( 4 ) For purposes of partitioning and disaggregation, part 30 systems must be designed so as not to exceed the signal level specified for the particular spectrum block in § 30.204 at the licensee's service area boundary, unless the affected adjacent service area licensees have agreed to a different signal level.
( c ) *License term.* The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 30.103.
[81 FR 79937, Nov. 14, 2016, as amended at 82 FR 41548, Sept. 1, 2017]
IIA

103D CONGRESS

2D SESSION H. R. 4598

IN THE SENATE OF THE UNITED STATES

JULY 14 (legislative day, JULY 11), 1994

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

JULY 20, 1994

Committee discharged; referred to the Committee on Environment and Public

Works

AN ACT

To direct the Secretary of the Interior to make technical

corrections to maps relating to the Coastal Barrier Resources System, and to authorize appropriations to carry

out the Coastal Barrier Resources Act.

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

3 SECTION 1. CORRECTIONS TO MAPS.

4 (a) IN GENERAL.—The Secretary of the Interior

5 shall, before the end of the 30-day period beginning on

6 the date of the enactment of this Act, make such correc7 tions to the maps described in subsection (b) as are nec8 essary to ensure that—
2

•HR 4598 RCS

1 (1) depictions of areas on those maps are con2 sistent with the depictions of areas appearing on the

3 maps entitled Coastal Barrier Resources System,

4 dated June 29, 1994, and on file with the Secretary

5 of the Interior; and

6 (2) the Coastal Barrier Resources System does

7 not include any area that, on the day before the date

8 of the enactment of this Act, was part of unit FL–

9 05P of that System.

10 (b) MAPS DESCRIBED.—The maps described in this

11 subsection are maps that—

12 (1) are included in a set of maps entitled

13 ‘‘Coastal Barrier Resources System’’, dated October

14 24, 1990; and

15 (2) relate to the following units of the Coastal

16 Barrier Resources System: FL–05P, P11A, P17,

17 P17A, P18P, P19P, FL–15, FL–95P, FL36P,

18 P31P, FL–72P, MI21, NY75, and VA62P.

19 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

20 12 of the Coastal Barrier Resources Act (16 U.S.C. 3510)

21 is amended to read as follows:
3

•HR 4598 RCS

1 ‘‘SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There is authorized to be appropriated to the Sec3 retary for carrying out this Act $2,000,000 for each of

4 fiscal years 1994, 1995, 1996, and 1997.’’.

Passed the House of Representatives July 12, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.
§ 90.247 Mobile repeater stations. A mobile station authorized to operate on a mobile service frequency above 25 MHz may be used as a mobile repeater to extend the communications range of hand-carried units subject to the following: ( a ) Mobile repeaters and/or associated hand-carried transmitters may be assigned separate base/mobile frequencies for this use in addition to the number of frequencies normally assignable to the licensee.
( b ) - ( c ) [Reserved]
( d ) In the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3), use of mobile repeaters is on a secondary basis to the stations of any other licensee. Hand carried units used in connection with mobile repeaters on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3) may operate only above 150 MHz and are limited to a maximum output power of six watts. The frequency and maximum power shall be specified in the station authorization.
( e ) In the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3), the output power of a mobile repeater station, when transmitting as a repeater station on the frequency used for communication with its associated pack-carried or hand-carried units, shall not exceed 6 watts except when the same frequency is also used by the same station for direct communication with vehicular mobile units or with one or more base stations.
( f ) When automatically retransmitting messages originated by or destined for hand-carried units, each mobile station shall activate the mobile transmitter only with a continuous access signal, the absence of which will de-activate the mobile transmitter. The continuous access signal is not required when the mobile unit is equipped with a switch that activates the automatic mode of the mobile unit and an automatic time-delay device that de-activates the transmitter after any uninterrupted transmission period in excess of 3 minutes. For the purposes of this rule section the continuous access signal can be achieved by use of digital or analog methods.
[43 FR 54791, Nov. 22, 1978, as amended at 62 FR 18928, Apr. 17, 1997; 75 FR 19284, Apr. 14, 2019]
§ 73.315 FM transmitter location. ( a ) The transmitter location shall be chosen so that, on the basis of the effective radiated power and antenna height above average terrain employed, a minimum field strength of 70 dB above one uV/m (dBu), or 3.16 mV/m, will be provided over the entire principal community to be served.
( b ) The transmitter location should be chosen to maximize coverage to the city of license while minimizing interference. This is normally accomplished by locating in the least populated area available while maintaining the provisions of paragraph (a) of this section. In general, the transmitting antenna of a station should be located in the most sparsely populated area available at the highest elevation available. The location of the antenna should be so chosen that line-of-sight can be obtained from the antenna over the principle city or cities to be served; in no event should there be a major obstruction in this path.
( c ) The transmitting location should be selected so that the 1 mV/m contour encompasses the urban population within the area to be served. It is recognized that topography, shape of the desired service area, and population distribution may make the choice of a transmitter location difficult. In such cases consideration may be given to the use of a directional antenna system, although it is generally preferable to choose a site where a nondirectional antenna may be employed.
( d ) In cases of questionable antenna locations it is desirable to conduct propagation tests to indicate the field strength expected in the principal city or cities to be served and in other areas, particularly where severe shadow problems may be expected. In considering applications proposing the use of such locations, the Commission may require site tests to be made. Such tests should include measurements made in accordance with the measurement procedures described in § 73.314, and full data thereon shall be supplied to the Commission. The test transmitter should employ an antenna having a height as close as possible to the proposed antenna height, using a balloon or other support if necessary and feasible. Information concerning the authorization of site tests may be obtained from the Commission upon request.
( e ) Cognizance must of course be taken regarding the possible hazard of the proposed antenna structure to aviation and the proximity of the proposed site to airports and airways. Procedures and standards with respect to the Commission's consideration of proposed antenna structures which will serve as a guide to persons intending to apply for radio station licenses are contained in Part 17 of this chapter (Construction, Marking, and Lighting of Antenna Structures).
[28 FR 13623, Dec. 14, 1963, as amended at 41 FR 22943, June 8, 1976; 49 FR 38131, Sept. 27, 1984; 49 FR 45146, Nov. 15, 1984; 51 FR 9965, Mar. 24, 1986; 52 FR 10570, Apr. 2, 1987; 65 FR 79778, Dec. 20, 2000]
## F I FTH 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________ Case No. 5 D 22

- 1193 LT Case No. 2021

- CT

- 002759

- A

_____________________________
J OHNNY R OMERO , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the County Court for Seminole County

. Wayne E. Culver , Judge

. Asad Ali, of Mandell Law P.A.
, Orlando, for Appellant

. Ashley Moody, Attorney General
, Tallahassee, and Roberts J. Bradford, Jr.
, Assistant Attorney General, Daytona Beach, for Appellee.

April 2, 2024

P ER C URIAM

.
A FFIRMED

.

E DWARDS , C.J., and M AKAR and M AC I VER , JJ., concur

.2 _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________