alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

MARTY LEE RORIE,

Plaintiff-Appellant,

and

CARL WILLIAMS,

Plaintiff,

No. 96-7548

v.

FRANKLIN FREEMAN, Secretary of the

Department of Corrections; CAPTAIN

STEEN; CHAPLAIN SMITH,

Defendants-Appellees.

Appeal from the United States District Court

for the Western District of North Carolina, at Charlotte.

Graham C. Mullen, District Judge.

(CA-96-363-3-MU)

Submitted: May 30, 1997

Decided: June 19, 1997

Before HALL and WILLIAMS, Circuit Judges, and

PHILLIPS, Senior Circuit Judge.

_________________________________________________________________

Affirmed in part and vacated and remanded in part by unpublished

per curiam opinion.

_________________________________________________________________

COUNSEL

Marty Lee Rorie, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Appellant appeals from the district court's order dismissing his 42

U.S.C. § 1983 (1994) complaint alleging deliberate indifference to a

known risk of harm to Appellant by another inmate. In his complaint,

Appellant alleges that prison officials Captain Steen and Chaplain

Smith warned him about a specific threat to him by a certain inmate,

and then failed to intervene when the inmate was reassigned to Appellant's housing unit within the week. Appellant and the inmate were

involved in a confrontation shortly thereafter. Finding that Appellant

had failed to allege a constitutional violation, the district court dismissed the complaint as frivolous pursuant to 28 U.S.C.A. § 1915A

(West Supp. 1997).

We have held that deliberate or callous indifference on the part of

prison officials to specific known risks of harm states an Eighth

Amendment claim. Pressly v. Hutto, 816 F.2d 977, 979 (4th Cir.

1987); see also Farmer v. Brennan, 511 U.S. 825, 833 (1994). Contrary to the finding of the district court, Appellant's complaint clearly

alleges the deliberate indifference of Steen and Smith to a known risk

of attack by a specific inmate. It cannot be said, therefore, that Appellant fails to allege a constitutional violation or that his allegations are

simply conclusory. Accordingly, we find that Appellant's complaint

against Steen and Smith is not factually or legally frivolous on its

face. We therefore vacate the dismissal order and remand the matter

for further proceedings as to these Defendants.

We find, however, that the claim against Secretary Franklin Freeman was properly dismissed because there is nothing in the record to

suggest that Freeman knew of a pervasive risk of harm to Appellant

and failed to address the problem. Moore v. Winebrenner, 927 F.2d

1312, 1315 (4th Cir. 1991). We deny Appellant's motions for

appointment of counsel and for an injunction to permit correspon-

 2
dence with another inmate. 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 IN PART; VACATED

AND REMANDED IN PART

 3
Exhibit (10)(a)

    

    

    

    

    

    

    Consent of Independent Registered Public Accounting Firm

    

    

    

    

    We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in
      Post-Effective Amendment No. 30 to the 1933 Act Registration Statement (Form N-4 No. 333-186894) and Amendment No. 791 to the 1940 Act Registration
      Statement (Form N-4 No. 811-08517), and to the use therein of our reports dated (a) March 13, 2020, with respect to the consolidated financial statements of The Lincoln National Life Insurance Company and (b) April 15, 2020, with respect to the financial statements of Lincoln National Variable Annuity
      Account N for the registration of interests in a separate account under individual flexible payment deferred variable annuity contracts.

    

    

    

    

    

    

    

    

    /s/ Ernst & Young LLP

    Philadelphia, Pennsylvania

    August 14, 2020
Date of 

report 

1967 

Oct. 10 

&ruutr nf tqr luitrb itatrs 

NINETIETH CONGRESS 

FIRST SESSION-Began January 10, 1967 

EXECUTIVE CALENDAR 

Prepared under the direction of FRANCIS R. VALEO, Secretary of the Senate 

By GERALD A. HACKETT, Executive Clerk 

Wednesday, October 11, 1967 

NOMINATION 

I 

Calendar Message Name or nommee 01lice Predecessor No. No. 

NATIONAL 

TRANSPORTATION 

SAFETY BOARD 

1366 363 Francis H. McAdams, of A member of the National Reappointment. 

the District of Columbia. Transportation Safety 

Board for the term expiring Dec. 31, 1972. 

85-022--67--No.98 

U S GOVERNMf. N1 PRINTINii OFFICE 1967
# EUR-Lex - 12008E/AFI/DCL/61 - EN

Important legal notice

*|*

# 12008E/AFI/DCL/61

**Consolidated version of the Treaty on the Functioning of the European Union - DECLARATIONS annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon, signed on 13 December 2007 - C. DECLARATIONS BY MEMBER STATES - 61. Declaration by the Republic of Poland on the Charter of Fundamental Rights of the European Union **

*
Official Journal 115 , 09/05/2008 P. 0358 - 0358 *

61. Declaration by the Republic of Poland on the Charter of Fundamental Rights of the European Union

The Charter does not affect in any way the right of Member States to legislate in the sphere of public morality, family law, as well as the protection of human dignity and respect for human physical and moral integrity.

--------------------------------------------------
§ 5.8 Discrimination in employment practices. ( a ) The proprietor, owner, or operator of any hotel, inn, lodge or other facility or accommodation offered to or enjoyed by the general public within any park area is prohibited from discriminating against any employee or maintaining any employment practice which discriminates because of race, creed, color, ancestry, sex, age, disabling condition, or national origin in connection with any activity provided for or permitted by contract with or permit from the Government or by derivative subcontract or sublease. As used in this section, the term “employment” includes, but is not limited to, employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.
( b ) Each such proprietor, owner or operator shall post either the following notice: Notice This is a facility operated in an area under the jurisdiction of the United States Department of the Interior. No discrimination in employment practices on the basis of race, creed, color, ancestry, sex, age, disabling condition, or national origin is permitted in this facility. Violations of this prohibition are punishable by fine, imprisonment, or both. Complaints or violations of this prohibition should be addressed to the Director, National Park Service, P.O. Box 37127, Washington, D.C. 20013-7127.
or notices supplied in accordance with Executive Order 11246 at such locations as will ensure that the notice and its contents will be conspicuous to any person seeking employment.
( c ) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.
[31 FR 16660, Dec. 29, 1966, as amended at 52 FR 35240, Sept. 18, 1987; 53 FR 740, Jan. 12, 1988]
D~te of 

report 

1968 

Sept. 17 

17 

17 

17 

17 

17 

17 

~~nat~ nf tqr luttrb ~tat~a NINETIETH CONGRESS 

FIRST SESSION {Co~vened January xo, 1967 

Adjourned December 15, 1967 

SECOND SESSION {Convened January 15, xg68 

EXECUTIVE CALENDAR 

Prepat"ed unde1' the direction of FRANCIS R. VALEO, Secretary of the Senate 

By GERALD A. HACKETT, Executive Clerk 

Monday, September 23, 1968 

NOMINATIONS 

I Calendar Message Name of nominee omce Predecessor 

No. No. 

I 

I 

I INTERNATIONAL 

I ATOMIC ENERGY 

I 

AGENCY CONFERENCE 

I REPRESENTATIVES 

876 321 Glenn T. Seaborg, of The representative of the 

California. United States of America 

to the 12th session of 

the General Conference 

of the International 

Atomic Energy Agency. 

876 321 Wilfrid E. Johnson, of Alternate representative of 

Washington. the United States of 

America to the 12th 

session of the General 

Conference of the International Atomic Energy 

Agency. 

876 321 Verne B. Lewis, of _____ dO-------------------

Maryland. 

876 321 Henry DeWolf Smyth, of _____ do ___________________ 

New Jersey. 

876 321 Gerald F. Tape, of _____ do _____ ______ ____ ____ 

Maryland. 

876 321 James T. Ramey, of _____ do __________________ _ 

Illinois. 

876 321 Herbert Scoville, Jr., of _____ do _________ _______ ___ 

Connecticut. 

98-022--68--No. 19~ 

*(Star Print) 
2 

Date of Calendar Message Name o!nommee Office Predecesror 

report No. No. 

DISTRICT OF COLUMBIA 

COURT OF APPEALS 

1968 

Sept. 18 877 290 George R. Gallagher, of Associate judge of the A new position 

Maryland. District of Columbia created under 

court of appeals for the Public Law 90- 178 

term of 10 years. approved Dec. 8, 

1967. 

DEPARTMENT OF 

AGRICULTURE 

18 878 317 Ted J. Davis, of Oklahoma_ An Assistant Secreto.ry of George L. Mehren, 

Agricult ure resigned. 

U.S. CUSTOMS COURT 

18 879 319 Edward D. Re, of New Judge of the U.S. Customs Lindley G. Beckworth 

York. Court. resigned. 

[NEW REPORT] 

SUPREME COURT OF 

THE UNITEDlSTATES 

20 880 216 Abe Fortas, of Tennessee ___ Chief Justice of the United Earl Warren. 

States. [Reported favorbly by Mr. Tydings, 

from the Committee 

on the Judiciary, 

with individual 

views. (See Ex. 

Rept. No. 8, 90th 

Cong., 2d sess.)] 

U S GOVERNMENT PRINTING OFFICE 1969
§ 211.6 Cooperation in forest investigations or the protection, management, and improvement of the National Forest System. ( a ) *Purpose and scope.* Forest Service officers, when engaged in cooperative activities otherwise authorized, may receive monies from cooperators only for cooperative work in forest investigations or for the protection, management, and improvement of the National Forest System and only in accordance with written cooperative agreements. Management of the National Forest System may include such work as planning, analysis, and related studies, as well as resource activities.
( b ) *Reimbursements.* Agency expenditures for work undertaken in accordance with this section may be made from Forest Service appropriations available for such work, with subsequent reimbursement from the cooperator, in accordance with established written agreements. Forest Service officers shall issue written bills for collection for cooperator reimbursement payments within the same fiscal year as Forest Service expenditures.
( c ) *Bonding.* Each written agreement involving a non-Government cooperator's total contribution of $25,000 or more to the Forest Service on a reimbursable basis, must include a provision requiring a payment bond to guarantee the cooperator's reimbursement payment. Acceptable security for a payment bond includes Department of the Treasury approved corporate sureties, Federal Government obligations, and irrevocable letters of credit. For the purposes of this section, a non-Government cooperator is an entity that is not a member, division, or affiliate of a Federal, State, local government, a federally recognized Indian Tribe (as defined by the Federally Recognized Indian Tribe List Act of 1994 [25 U.S.C. 479a]), or other organizations funding a Forest Service agreement with pass through funding from an entity that is a member, division, or affiliate of a Federal, State, local government, or federally recognized Indian Tribe.
( d ) *Avoiding conflict of interest.* Forest Service officers shall avoid acceptance of contributions from cooperators when such contributions would reflect unfavorably upon the ability of the Forest Service to carry out its responsibilities and duties. Forest Service officers shall be guided by the provisions of 18 U.S.C. parts 201-209, 5 CFR part 2635, and applicable Department of Agriculture regulations, in determining if a conflict of interest or potential conflict of interest exists in a proposed cooperative effort. Forest Service ethics officials or the designated Department of Agriculture ethics official should be consulted on conflict of interest issues.
[64 FR 60678, Nov. 8, 1999, as amended at 73 FR 62443, Oct. 21, 2008]
<PAGE>


                                  EXHIBIT 31.1


                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Dean L. Julia, certify that:

1. I have reviewed this Quarterly Report on Form 10-QSB of Ace Marketing &
Promotions, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officer (if any) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

         a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

         b) Evaluated the effectiveness of the registrant's disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

         c) Disclosed in this report any change in the registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):

         a) All significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

         b) Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal control
over financial reporting.


DATE: MAY 18, 2005                        /S/ DEAN L. JULIA
                                          --------------------------------------
                                          DEAN L. JULIA, CHIEF EXECUTIVE OFFICER
'IN

14th COlWOKAPPEALS

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Florida Department of Environmental Protection 

# i Bob Martinez Center 

# I

\,\ 2600 Blair Stone Road Tallahassee, Florida 32399-2400


### - 

### . . 

## - >.- . ? 

# -

Mr. James I. Palmer. Jr. October 19.2007

Regional Administrator 

# P6-J f United StatesEnvironmental i 3% T*. Protection Agency 

### - Region 4 

### :? 61Forsyth Street, S W & 

### -7 Atlanta, Georgia 30303-8909

, - 

## . f, 

## - ",Z Re: Air Program: Proposed Revision to State Implementation Plan (SIP) New Source Review Update Crist Governor Jeff Kottkamp

Lt. Governor Michael W. Sole Secretary

Dear Mr. Palmer: 

### In accordance with the requirements of40 CFR 51.103 and 51.104, and on behalf ofthe Governor ofFlorida, I am pleased to submitthe subject proposed revision to Florida's State LmplementationPlan (SIP) under the Clean Air Act. The proposed SIPrevision consists of amendments to Florida Administrative Code (F.A.C.) Chapters 62-210, and 62-212. The rule amendments update and clarify the Department ofEnvironmental Protection (DEP) PSD rules to be consistent with EPA's November 29, 2005, Phase 2 Ozone Implementation Rule. One hard copy and one electronic copy (compact disk) of the complete submittal package have been sent directly to the Air Planning Branch. The DEP held a public hearing in Tallahassee, Florida, on June 22, 2007, on this proposed SIP revision and has considered all comments received into the hearing record. 

### I hereby certify that the public notice and hearing requirements of all applicable state and federal regulations, including those of 40 CFR 51.102, have been satisfied with respect to this revision. Thankyou for your continued support of our effortsto fully implement the Clean Air Act in Florida. Sincerely, 

### \

~ivision ofAir Resource Management JWls cc (with enclosures): Kay Prince, Chief, Air Planning Branch, EPA Region 4
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-7527

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

BENJAMIN SAWYER, JR., a/k/a Big Ben,

Defendant - Appellant.

No. 96-7534

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

KEITH C. WARD,

Defendant - Appellant.

Appeals from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca B. Smith, District Judge.

(CR-92-88)

Submitted: January 9, 1997 Decided: January 24, 1997
2

Before HALL and MICHAEL, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Benjamin Sawyer, Jr., Keith C. Ward, Appellants Pro Se. Charles

Dee Griffith, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Norfolk,

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Benjamin Sawyer, Jr. and Keith C. Ward appeal the district

court's order denying their motions to reconsider its earlier

denial of their motions to modify their sentences under 18 U.S.C.

§ 3582(c)(2) (1994). We have reviewed the record and the district

court's opinion and find no reversible error. Accordingly, we

affirm on the reasoning of the district court. United States v.

Sawyer, CR-92-88 (E.D. Va. Sept. 4 & 17, 1996); United States v.

Ward, CR-92-88 (E.D. Va. Sept. 9 & 18, 1996). 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
#### § 228.9 Maintenance during operations, public safety.

During all operations operator shall maintain his structures, equipment, and other facilities in a safe, neat and workmanlike manner. Hazardous sites or conditions resulting from operations shall be marked by signs, fenced or otherwise identified to protect the public in accordance with Federal and State laws and regulations.
#### §§ 294.3-294.9 [Reserved]
EXECUTIVE CALENDAR 

PREPARED UNDER THE DIRECTION OF EMERY L. FRAZIER, SECRETARY OF THE SENATE 

BY LARRY M . WHEELER, ExECUTIVE CLERK 

Wednesday, August 3, 1966 

TREATIES 

Date o! Cr.lendar Treaty No. Subject Action of com milieu report No. 

--- -

1965 

June 29 2 Ex. H (86th Gong., Hague Protocol to Warsaw Convention ___ _ Iteporte1l fuvomhly by 

1st sess.). Mr. Fulbright from 

the Committee on 

Foreign Relations, 

with a printed report. 

(See Ex. Rept. No. 3, 

89th Cong., Jst sess.) 

Aug. 3 3 Ex. D (88th Cong., Consular Convention With the Soviet lteported favorably by 

2d sess.). Union. Mr. Fulbright from 

the Committee on 

Foreign Relations, 

with a printed report, 

(See Ex. Uept. No. 4, 

89th Gong., 1st sess.) 

Minority views filed 

Aug, 5, 1965. (See 

Ex. Rept. No. 4, p. 2, 

89th Gong., 1st sess.) 

11.S. GOVERNMENT PRIHTtKG OFF'ICEtlS6S