alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7398
WAYNE DOUGLAS BUTTS, Plaintiff - Appellant, versus DOCTOR JAMALUDEEN, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (CA-04-424) Submitted: December 21, 2005 Decided: January 18, 2006 Before WILLIAMS, MICHAEL, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Wayne Douglas Butts, Appellant Pro Se. John David McChesney, RAWLS & MCNELIS, PC, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Wayne Douglas Butts seeks to appeal the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Butts v. Jamaludeen , No. CA-04-424 (E.D. Va. Aug. 4, 2005). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
#### § 217.272 Permissible methods of taking.

Under the LOA, issued pursuant to §§ 217.276, and 217.277, and § 216.106 of this chapter, the LOA Holder, and those persons it authorizes or funds to conduct activities on its behalf, may incidentally, but not intentionally, take marine mammals within the vicinity of BOEM Lease Area OCS-A 0486 Commercial Lease of Submerged Lands for Renewable Energy Development, along export cable routes, and at the two sea-to-shore transition points located at Quonset Point in North Kingstown, Rhode Island in the following ways, provided LOA Holder is in complete compliance with all terms, conditions, and requirements of the regulations in this subpart and an LOA issue under §§ 217.276 and 217.277:

(a) By Level B harassment associated with the acoustic disturbance of marine mammals by impact pile driving (WTG and OSS foundation installation), vibratory pile driving (cofferdam and goal post installation and removal), pneumatic hammering (casing pipe installation and removal), UXO/MEC detonations, and HRG site characterization surveys;

(b) By Level A harassment associated with the acoustic disturbance of marine mammals by impact pile driving of WTG and OSS foundations, pneumatic hammering of casing pipes, and UXO/MEC detonations;

(c) Take by mortality or serious injury of any marine mammal species is not authorized; and

(d) The incidental take of marine mammals by the activities listed in paragraphs (a) and (b) of this section is limited to the following stocks:

| Marine mammal species | Scientific name | Stock |
| --- | --- | --- |
| North Atlantic right whale | *Eubalaena glacialis* | Western Atlantic. |
| Blue whale | *Balaenoptera musculus* | Western North Atlantic. |
| Fin whale | *Balaenoptera physalus* | Western North Atlantic. |
| Humpback whale | *Megaptera novaeangliae* | Gulf of Maine. |
| Minke whale | *Balaenoptera acutorostrata* | Canadian Eastern Coastal. |
| Sei whale | *Balaenoptera borealis* | Nova Scotia. |
| Sperm whale | *Physeter macrocephalus* | North Atlantic. |
| Atlantic spotted dolphin | *Stenella frontalis* | Western North Atlantic. |
| Atlantic white-sided dolphin | *Lagenorhynchus acutus* | Western North Atlantic. |
| Bottlenose dolphin | *Tursiops truncatus* | Western North Atlantic—Offshore. |
| | | Northern Migratory Coastal. |
| Common dolphin | *Delphinus delphis* | Western North Atlantic. |
| Long-finned pilot whale | *Globicephala melas* | Western North Atlantic. |
| Risso's dolphin | *Grampus griseus* | Western North Atlantic. |
| Harbor porpoise | *Phocoena phocoena* | Gulf of Maine/Bay of Fundy. |
| Gray seal | *Halichoerus grypus* | Western North Atlantic. |
| Harbor seal | *Phoca vitulina* | Western North Atlantic. |

Table 1 to Paragraph (d)
§ 95.1761 GMRS transmitter certification. ( a ) Each GMRS transmitter (a transmitter that operates or is intended to operate in the GMRS) must be certified in accordance with this subpart and part 2 of this chapter.
( b ) A grant of equipment certification for the GMRS will not be issued for any GMRS transmitter type that fails to comply with the applicable rules in this subpart.
( c ) No GMRS transmitter will be certified for use in the GMRS if it is equipped with a frequency capability not listed in § 95.1763, unless such transmitter is also certified for use in another radio service for which the frequency is authorized and for which certification is also required. No GMRS transmitter will be certified for use in the GMRS if it is equipped with the capabilities to operate in services that do not require equipment certification, such as the Amateur Radio Service. All frequency determining circuitry (including crystals) and programming controls in each GMRS transmitter must be internal to the transmitter and must not be accessible from the exterior of the transmitter operating panel or from the exterior of the transmitter enclosure.
( d ) Effective December 27, 2017, the Commission will no longer issue a grant of equipment authorization for hand-held portable unit transmitter types under both this subpart (GMRS) and subpart B of this part (FRS).
( e ) Effective December 27, 2017, the Commission will no longer issue a grant of equipment authorization under this subpart (GMRS) for hand-held portable units if such units meet the requirements to be certified under subpart B of this part (FRS).
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-7760

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

BRIAN C. JENKINS,

Defendant - Appellant.

Appeal from the United States District Court for the Northern 

District of West Virginia, at Wheeling. Frederick P. Stamp, 

Jr., Senior District Judge. (5:11-cr-00006-FPS-JES-1; 5:13-cv00099-FPS-JES)

Submitted: March 28, 2014 Decided: April 4, 2014

Before SHEDD, DIAZ, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Brian C. Jenkins, Appellant Pro Se. David J. Perri, Assistant 

United States Attorney, Wheeling, West Virginia, for Appellee..

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Brian C. Jenkins seeks to appeal the district court’s 

order accepting the recommendation of the magistrate judge and 

denying relief on his 28 U.S.C. § 2255 (2012) motion. The order 

is not appealable unless a circuit justice or judge issues a 

certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 

A certificate of appealability will not issue absent “a 

substantial showing of the denial of a constitutional right.” 

28 U.S.C. § 2253(c)(2) (2012). When the district court denies 

relief on the merits, a prisoner satisfies this standard by 

demonstrating that reasonable jurists would find that the 

district court’s assessment of the constitutional claims is 

debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 

When the district court denies relief on procedural grounds, the 

prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the motion states a debatable 

claim of the denial of a constitutional right. Slack, 529 U.S. 

at 484-85. 

We have independently reviewed the record and conclude 

that Jenkins has not made the requisite showing. Accordingly, 

we deny a certificate of appealability and dismiss the appeal. 

We dispense with oral argument because the facts and legal 
3

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED
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```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5265 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5265

 To amend the National Voter Registration Act of 1993 to increase the 
           number of college students who register and vote.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 1994

Mr. Gutierrez introduced the following bill; which was referred to the 
                   Committee on House Administration

_______________________________________________________________________

                                 A BILL

 
 To amend the National Voter Registration Act of 1993 to increase the 
           number of college students who register and vote.

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

SECTION 1. INCREASED STUDENT ACCESS TO VOTER REGISTRATION.

    Paragraph (2) of subsection (a) of section 7 of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-5(a)(2)) is amended--
            (1) by striking out ``and'' after the semicolon at the end 
        of subparagraph (A);
            (2) by striking out the period at the end of subparagraph 
        (B) and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(C) all State-funded institutions of higher education, 
        through class registration or student fee payment, or both.''.

SEC. 2. POLLING PLACES ON COLLEGE CAMPUSES.

    The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et 
seq.) is amended by adding at the end the following new section:

``SEC. 14. POLLING PLACES ON COLLEGE CAMPUSES.

    ``The chief election officer of each State shall, with respect to 
elections for Federal office, provide for a polling place at a central 
location on each campus of a State-funded institution of higher 
education. At each such polling place, either absentee ballots or 
regular ballots shall be made available to voters who reside in the 
same county as the polling place.''.
                                 <all>
```
§ 219.1 Specified activity and specified geographical region. ( a ) Regulations in this subpart apply only to the National Marine Fisheries Service's (NMFS) Southwest Fisheries Science Center (SWFSC) and those persons it authorizes or funds to conduct activities on its behalf for the taking of marine mammals that occurs in the areas outlined in paragraph (b) of this section and that occurs incidental to research survey program operations.
( b ) The taking of marine mammals by SWFSC may be authorized in a Letter of Authorization (LOA) only if it occurs within the California Current Ecosystem (CCE) or Antarctic Marine Living Resources Ecosystem (AMLR).
§ 34.2 Authority. ( a ) The Act of October 17, 1978, Pub. L. 95-469, amended the Act of June 15, 1935, as amended by the Act of August 30, 1964 (78 Stat. 701; 16 U.S.C. 715s), by revising the formula and extending the revenue sharing provisions to all fee and reserve areas that are administered solely or primarily by the Secretary through the U.S. Fish and Wildlife Service. Payments under this Act may be used for any governmental purpose.
( b ) Pursuant to title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d), and the regulations issued pursuant thereto, which are contained in 43 CFR part 17, counties must file an assurance with the Department, comply with the terms of the assurances, and comply with regulations contained in 43 CFR part 17 in order to continue to receive this Federal financial assistance.
pten-ex103_57.htm



Exhibit 10.3

 

Amendment No. 1 to 

Patterson-UTI Energy, Inc.

2014 Long-Term Incentive Plan

(As Amended and Restated Effective June 29, 2017)

SHARE- OR CASH-SETTLED

PERFORMANCE SHARE AWARD AGREEMENT

WHEREAS, the Compensation Committee (the “Committee”) of the Board of Directors of Patterson-UTI Energy, Inc., a Delaware corporation (the “Company”) previously awarded William A. Hendricks, Jr. (the “Grantee”) a Performance Share Award (the “Award”) under the Patterson-UTI Energy, Inc. 2014 Long-Term Incentive Plan (as amended and restated effective as of June 29, 2017 and as thereafter amended from time to time the “Plan”) pursuant to that certain Share- or Cash-Settled Performance Share Award Agreement dated as of April 23, 2019 (the “Award Agreement”); and

WHEREAS, the Company and the Grantee desire to amend the Award Agreement as set forth in this Amendment No. 1 (this “Amendment”) effective as of May 11, 2020.

NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company and the Grantee agree as follows:


	
 
	
1.
	
Notwithstanding anything to the contrary set forth in the Award Agreement, Grantee shall receive no more than 322,000 Shares (or, in the Company’s sole discretion, a cash payment equal to the Fair Market Value of such number of Shares) regardless of the Company’s performance against the performance criteria set forth in the Award Agreement.  





	
 
	
2.
	
In all other respects the Award Agreement is hereby ratified and confirmed.





	
 
	
3.
	
Capitalized terms used in this Amendment shall have the meanings ascribed to them in the Plan.




[SIGNATURE PAGE TO FOLLOW]





 

The Company and the Grantee hereby adopt and agree to the terms and conditions of this Amendment effective as of the Effective Date.

 


	
PATTERSON-UTI ENERGY, INC.

	
 
	
 

	
 
	
 

	
By:
	
/s/ C. Andrew Smith

	
 
	
C. Andrew Smith

	
 
	
Executive Vice President and Chief Financial

	
 
	
Officer




 


	
	
William A. Hendricks, Jr.

	
(“GRANTEE”)

	
 

	
 

	
/s/ William A. Hendricks, Jr.
# EUR-Lex - 11985I208 - EN

Avis juridique important

*|*

# 11985I208

**DOCUMENTS CONCERNING THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC TO THE EUROPEAN COMMUNITIES, ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC AND THE ADJUSTMENTS TO THE TREATIES, ARTICLE 208 **

*
Official Journal L 302 , 15/11/1985 P. 0085 *

++++

Article 208

1 . Without prejudice to paragraph 2 of this Article , the Portuguese Republic shall , from 1 January 1986 , progressively adjust State monopolies of a commercial character within the meaning of Article 37 ( 1 ) of the EEC Treaty so as to ensure that by 1 January 1993 no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States .

The present Member States shall have equivalent obligations in relation to the Portuguese Republic .

The Commission shall make recommendations as to the manner in which and the timetable according to which the adjustment provided for in the first paragraph must be carried out , it being understood that the manner and timetable must be the same for the Portuguese Republic and the present Member States .

2 . With regard to motor spirit , kerosene , gas oils and fuel oils falling within subheadings 27.10 A III , 27.10 B III , 27.10 C I and 27.10 C II of the Common Customs Tariff , the adjustment of the exclusive marketing right shall begin from the date of accession . The existing Portuguese marketing quotas allocated to current beneficiary companies other than the public undertaking Petrogal shall be abolished on 1 January 1986 . The total liberalization of the markets for these products shall be completed on 31 December 1992 .

The Commission shall make its recommendations for adjustment concerning the execution of this liberalization by taking as the starting reference point the lowest annual market share per product held by the public undertaking Petrogal during the period 1 January 1981 to 31 December 1985 .

Upon accession the Portuguese Republic shall open for each product concerned a quota equal to the total marketing quotas held before that date by undertakings other than Petrogal . This quota shall be progressively increased by the quantities liberalized following the Commission's recommendations .
#### § 401.5 Coordination with States.

The Secretary will approve an Application For Federal Assistance only after he has coordinated the application with the State office established to review applications under Executive Order 12372 (if the State has established such an office and wishes to review these applications) and other non-Federal entities which have management authority over the resource to be affected.

[48 FR 29137, June 24, 1983]
No. 11-9134.

#### Parham *v.*United States.

C. A. 4th Cir. Certiorari denied.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5027 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5027

    To provide for the applicability of Federal minority set-aside 
  requirements to Hispanic Americans of Spanish or Portuguese origin.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 12, 1994

Mr. Torricelli introduced the following bill; which was referred to the 
                   Committee on Government Operations

_______________________________________________________________________

                                 A BILL

 
    To provide for the applicability of Federal minority set-aside 
  requirements to Hispanic Americans of Spanish or Portuguese origin.

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

SECTION 1. APPLICABILITY OF FEDERAL MINORITY SET-ASIDE REQUIREMENTS TO 
              HISPANIC AMERICANS OF SPANISH OR PORTUGUESE ORIGIN.

    (a) In General.--For purposes of any requirement or authority under 
any Federal statute or regulation to give Hispanic Americans a priority 
or other preference in the award of a contract for procurement 
(including subcontracting plan requirements established by sections 
19.702 through 19.704 of title 48, Code of Federal Regulations), United 
States citizens whose origins are in Spain or Portugal shall be 
considered to be Hispanic Americans.

SEC. 2. REQUIREMENT OF CONFORMING REVISIONS TO FEDERAL ACQUISITION 
              REGULATION.

    Not later than 6 months after the date of the enactment of this 
Act, the Federal Acquisition Regulatory Council shall revise chapter 1 
of title 48, Code of Federal Regulations (commonly known as the Federal 
Acquisition Regulation) in accordance with section 1.
                                 <all>
```
I

103D CONGRESS

1ST SESSION H. R. 562

To amend the Internal Revenue Code of 1986 to deny the deduction for

medical expenses incurred for an abortion.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 25, 1993

Mr. DORNAN of California introduced the following bill; which was referred

to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to deny the

deduction for medical expenses incurred for an abortion.

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

3 SECTION 1. DENIAL OF MEDICAL EXPENSE DEDUCTION

4 FOR ABORTIONS.

5 (a) IN GENERAL.—Subsection (d) of section 213 of

6 the Internal Revenue Code of 1986 (relating to medical,

7 dental, etc., expenses) is amended by adding at the end

8 thereof the following new paragraph:

9 ‘‘(10) ABORTIONS.—
2

•HR 562 IH

1 ‘‘(A) IN GENERAL.—The term ‘medical

2 care’ shall not include any procedure which

3 takes the life on a preborn child.

4 ‘‘(B) EXCEPTION.—Subparagraph (A)

5 shall not apply to any procedure required to

6 prevent the death of either the pregnant woman

7 or her preborn child so long as every reasonable

8 effort is made to preserve the life of each.’’

9 (b) EFFECTIVE DATE.—The amendment made by

10 subsection (a) shall apply to taxable years beginning after

11 December 31, 1992.

Æ
#### § 402.48 Conference on proposed species or proposed critical habitat.

EPA may employ the procedures described in § 402.10 to confer on any species proposed for listing or any habitat proposed for designation as critical habitat. For the purposes of § 402.10(d), the procedures in § 402.46 are a permissible form of formal consultation.
#### § 216.31 Definitions.

For the purpose of this subpart, the definitions set forth in 50 CFR part 217 shall apply to all threatened and endangered marine mammals, unless a more restrictive definition exists under the MMPA or part 216.

[61 FR 21935, May 10, 1996]
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- Dr. Cassandra C. Lewis Dr. Cassandra C. Lewis is the Chancellor, and former Dean of Faculty and Academic Programs, at the