alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 03-41757 Conference Calendar

LORENZO THOMAS, Plaintiff-Appellant,

versus JACKSON COMSTOCK, Individually & in his official capacity as Lieutenant; BOBBY PURVIS, Individually & in his official capacity as Sergeant; JERRY COWEN, Individually & in his official capacity as Correctional Officer III; SAMMY BROWN, Individually & in his official capacity as Correctional Officer III; TERRY VALENTINE, Individually & in his official capacity as Correctional Officer III; GARY HERRING, Sergeant; MICHAEL ROESLER, Captain; KATHRYN BELL, Captain; DENICIA JEFFERSON, Administrative Technician III; SYLVIA PIASTA, Chief of Classification; EUGENE HARBIN, Major; ROBERT TREON, Warden; CEDERIC MCKNIGHT, Warden, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:96-CV-378

-------------------- Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM: * Lorenzo Thomas, Texas prisoner # 739840, appeals the district court’s denial of his F ED . R. C IV . P. 60(b) motion as untimely. Thomas argues that the district court abused its United States Court of Appeals

Fifth Circuit 

## F I L E D August 18, 2004 Charles R. Fulbruge III ClerkNo. 03-41757 -2- discretion in denying his F ED . R. C IV . P. 60(b)(3) motion as untimely. He contends that he had no knowledge of the evidence alleged to be newly discovered until more than a year after the district court’s judgment was affirmed by this court. He argues that he should not be held to the one year time limit of F ED . R. C IV . P. 60(b) because he did not become aware of the Internal Affairs Division investigative report until he received it in the initial disclosure in No. 9:99-CV-333. This initial disclosure was made on June 12, 2000. Thus, Thomas became aware of the alleged newly discovered evidence within one year of final judgment. The district court did not abuse its discretion in dismissing Thomas’s motion as untimely. Wilson v. Johns-Manville Sales Corp. , 873 F.2d 869, 871 (5th Cir. 1989). Thomas’s appeal is without arguable merit and is frivolous.
See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). Because the appeal is frivolous, it is DISMISSED. See 5 TH C IR . R. 42.2. Thomas’s motion to supplement the record is DENIED. Thomas is hereby informed that the dismissal of this appeal as frivolous counts as a strike for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons , 103 F.3d 383, 387 (5th Cir. 1996). We caution Thomas that once he accumulates three strikes, he may not proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facilityNo. 03-41757 -3- unless he is under imminent danger of serious physical injury.
See 28 U.S.C. § 1915(g). APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED.
#### John C. Miller, Respondent, *v.*Seneca River Power Company et al., Appellants.

*Miller*v. *Seneca River Power Co.,*132 App. Div. 948, affirmed.

(Argued November 28, 1910;

decided December 13, 1910.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 1, 1909, *affirming a*judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial in an action to recover on contract.

*Charles E. Cooney*for appellants.

*John W. Hogan*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Willard Bartlett, Hiscock and Collin, JJ.
EBSA-2010-0050-DRAFT-1188.html[7/22/2015 3:27:01 PM]

PUBLIC SUBMISSION

As of: July 16, 2015

Received: July 08, 2015

Status: Pending_Post

Tracking No. 1jz-8jvd-7p1f

Comments Due: July 21, 2015

Submission Type: Web

Docket: EBSA-2010-0050

Definition of the Term ‘‘Fiduciary’’; Conflict of Interest Rule—Retirement Investment Advice; Notice of

 proposed rulemaking and withdrawal of previous proposed rule.

Comment On: EBSA-2010-0050-0205

Definition of Fiduciary; Conflict of Interest Rule-Retirement Investment Advice and Related Proposed

 Prohibited Transaction Exemptions; Hearing and Comment Period Extension

Document: EBSA-2010-0050-DRAFT-1188

Comment on FR Doc # 2015-14921

Submitter Information

Name: Anonymous Anonymous

General Comment

Leave my retirement alone. I can manage it myself thank you very much. Your assistance (meddling) is not

 required, necessary or desired.
#### § 236.720 Circuit, common return.

A term applied where one wire is used for the return of more than one electric circuit.
**Exhibit      31.1**

**Certification**

|   |                                                                                  |
|--------|---------------------------------------------------------------------------------------|
|   |                                                                                  |
|   |                                                                                  |
|   | /s/ Anthony                J.                Alexander                           |
|   |  Anthony                J. Alexander Chief                Executive Officer |
|   |                                                                                  |

----

**Exhibit        31.1**

**Certification**

|   |                                                                                          |
|--------|-----------------------------------------------------------------------------------------------|
|   |                                                                                          |
|   |                                                                                          |
|   | /s/      Anthony                  J.                  Alexander |
|   |  Anthony                  J. Alexander Chief                  Executive Officer     |
|   |                                                                                          |

----
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health 

Notice is hereby given that I have delegated to the Director, National Institutes of Health (NIH), the authorities under section 3 of Public Law 109-416 (Combating Autism Act of 2006), which amends Title III of the Public Health Service Act, by adding Part R, section 399CC, authorizing establishment of the Interagency Autism Coordinating Committee. I am also delegating the authority under Title III, section 399CC of the Public Health Service Act, as amended, to select Federal members of the Committee, including the chair, as appropriate. I will retain the authority under Title III, section 399CC(c)(2), pertaining to the selection of additional non-Federal public members of the Committee. 

This delegation excludes the authority to submit reports to the Congress, and shall be exercised in accordance with the Department's applicable policies, procedures, and guidelines relating to regulations. 

This delegation is effective upon signature. In addition, I ratified and affirmed any actions taken by the Director of the NIH or his subordinates which involved the exercise of the authorities delegated herein prior to the effective date of the delegation. 

This delegation was effective upon date of signature. 

Dated: July 18, 2007. 

Michael O. Leavitt, 

Secretary. 

[FR Doc. 07-3735 Filed 7-31-07; 8:45 am] 

BILLING CODE 4160-18-M
§ 382.413 Inquiries for alcohol and controlled substances information from previous employers. ( a ) Employers must request alcohol and controlled substances information from previous employers in accordance with the requirements of § 40.25 of this title, except that the employer must request information from all DOT-regulated employers that employed the driver within the previous 3 years and the scope of the information requested must date back 3 years.
( b ) As of January 6, 2023, employers must use the Drug and Alcohol Clearinghouse in accordance with § 382.701(a) to comply with the requirements of § 40.25 of this title with respect to FMCSA-regulated employers. Exception: When an employee who is subject to follow-up testing has not successfully completed all follow-up tests, employers must request the employee's follow-up testing plan directly from the previous employer in accordance with § 40.25(b)(5) of this title.
( c ) If an applicant was subject to an alcohol and controlled substance testing program under the requirements of a DOT Agency other than FMCSA, the employer must request the alcohol and controlled substances information required under this section and § 40.25 of this title directly from those employers regulated by a DOT Agency other than FMCSA.
[81 FR 87725, Dec. 5, 2016]
[Federal Register Volume 72, Number 182 (Thursday, September 20, 2007)]
[Notices]
[Page 53755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4701]


=======================================================================
-----------------------------------------------------------------------

ELECTION ASSISTANCE COMMISSION


Sunshine Act Notice

AGENCY: United States Election Assistance Commission.

ACTION: Notice of public meeting.

DATE AND TIME: Thursday, October 4, 2007, 10 a.m.-1 p.m.

PLACE: U.S. Election Assistance Commission, 1225 New York Ave., NW., 
Suite 150, Washington, DC 20005 (Metro Stop: Metro Center).

AGENDA: Commissioners will receive the following presentations: 
Perspectives from state officials on how EAC can use its regulatory 
authority under the National Voter Registration Act (NVRA) to address 
changes in voter registration procedures; Commissioners will receive 
updates on the next iteration of the Voluntary Voting System Guidelines 
(VVSG) and a report on a recommendation from the National Voluntary 
Laboratory Accreditation Program (NVLAP); Commissioners will discuss 
other administrative matters.
    This meeting will be open to the public.

PERSON TO CONTACT FOR INFORMATION: Bryan Whitener, Telephone: (202) 
566-3100.

Thomas R. Wilkey,
Executive Director, U.S. Election Assistance Commission.
[FR Doc. 07-4701 Filed 9-18-07; 2:46 pm]
BILLING CODE 6820-KF-M
Exhibit 31.1
  1.
    
    I have reviewed this annual report on Form 10-K of Chief Consolidated Mining Company;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 small business issuer as of, and for, the periods presented in this report;4.
    
    The small business issuers other certifying officer and
I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-l5(e)) for the small business issuer 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 small
business issuer, 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 small business issuer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 small business issuers internal control over financial
reporting that occurred during the small business issuers most recent fiscal quarter (the small business
issuers fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably
likely to materially affect, the small business issuer's internal control over financial reporting; and
 5.
    
    The small business issuers other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the small business issuers auditors and the audit
committee of the small business issuer'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 small business issuer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 small business issuers internal control over financial reporting.
 Dated:  July 30, 2009
    /s/     Gordon BlanksteinGordon Blankstein, Chief Executive
Officer
Exhibit 32.1

                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 Avatar  Systems  Inc.(the
"Company") on Form 10-QSB for the period ending March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),  I, Robert
C. Shreve, Jr.,  President,  Chief Executive Officer and Chief Financial Officer
of Company,  certify,  pursuant to 18 U.S.C.  ss. 1350,  as adopted  pursuant to
ss.906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

         (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.

                                                      AVATAR SYSTEMS, INC.

Dated:May 12, 2004                                 By: /s/ROBERT C. SHREVE, JR.
                                                      --------------------------
                                                      Robert C. Shreve, Jr.
                                                      Chief Executive Officer
                                                      Chief Financial Officer


         A signed original of this written statement required by Section 906 has
been  provided to the Company and will be retained by the Company and  furnished
to the Securities and Exchange Commission or its staff upon request.
§ 38.93 Doorways. ( a ) *Clear width.* ( 1 ) At least one door on each side of the car from which passengers board opening onto station platforms and at least one adjacent doorway into the passenger coach compartment, if provided, shall have a minimum clear opening of 32 inches.
( 2 ) If doorways connecting adjoining cars in a multi-car train are provided, and if such doorway is connected by an aisle with a minimum clear width of 30 inches to one or more spaces where wheelchair or mobility aid users can be accommodated, then such doorway shall have, to the maximum extent practicable in accordance with the regulations issued under the Federal Railroad Safety Act of 1970 (49 CFR parts 229 and 231), a clear opening of 30 inches.
( b ) *Passageways.* A route at least 32 inches wide shall be provided from doors required to be accessible by paragraph (a)(1) of this section to seating locations complying with § 38.95(d) of this part. In cars where such doorways require passage through a vestibule, such vestibule shall have a minimum width of 42 inches. (See Fig. 3.)
( c ) *Signals.* If doors to the platform close automatically or from a remote location, auditory and visual warning signals shall be provided to alert passengers or closing doors.
( d ) *Coordination with boarding platform* — ( 1 ) *Requirements.* Cars operating in stations with high platforms, or mini-high platforms, shall be coordinated with the boarding platform design such that the horizontal gap between a car at rest and the platform shall be no greater than 3 inches and the height of the car floor shall be within plus or minus 5 ⁄ 8 inch of the platform height. Vertical alignment may be accomplished by car air suspension, platform lifts or other devices, or any combination.
( 2 ) *Exception.* New vehicles operating in existing stations may have a floor height within plus or minus 11 ⁄ 2 inches of the platform height. At key stations, the horizontal gap between at least one accessible door of each such vehicle and the platform shall be no greater than 3 inches.
( 3 ) *Exception.* Where platform set-backs do not allow the horizontal gap or vertical alignment specified in paragraph (d)(1) or (d)(2) of this section, car, platform or portable lifts complying with § 38.95(b) of this part, or car or platform ramps or bridge plates, complying with § 38.95(c) of this part, shall be provided,ensuring compliance with section 37.42, where applicable.
( 4 ) *Exception.* Retrofitted vehicles shall be coordinated with the platform in new and key stations such that the horizontal gap shall be no greater than 4 inches and the height of the vehicle floor, under 50% passenger load, shall be within plus or minus 2 inches of the platform height.
( e ) *Signage.* The International Symbol of Accessibility shall be displaced on the exterior of all doors complying with this section unless all cars are accessible and are not marked by the access symbol (see Fig. 6). Appropriate signage shall also indicate which accessible doors are adjacent to an accessible restroom, if applicable.
[56 FR 45756, Sept. 6, 1991, as amended at 76 FR 57939, Sept. 19, 2011]
**Exhibit 24.18**

**POWER OF ATTORNEY**

**KNOW ALL MEN BY THESE PRESENTS** that I, **Edgar D. Jannotta**do hereby appoint Frank M.Clark and Darryl M. Bradford, or either of them, attorney for me and in my name and on my behalf to sign the annual Securities and Exchange Commission report on Form 10-K for 2008 of Commonwealth Edison Company, together with any amendments thereto,to be filed with the Securities and Exchange Commission, and generally to do and perform all things necessary to be done in the premises as fully and effectually in all respects as I could do if personally present. 

**Edgar D. Jannotta**

**DATE: January 27, 2009**
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 193 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                        August 2, 2001.
Whereas neighborhood crime is of continuing concern to the American people;
Whereas the fight against neighborhood crime requires people to work together in 
        cooperation with law enforcement officials;
Whereas neighborhood crime watch organizations are effective at promoting 
        awareness about, and the participation of volunteers in, crime 
        prevention activities at the local level;
Whereas neighborhood crime watch groups can contribute to the Nation's war on 
        drugs by helping to prevent their communities from becoming markets for 
        drug dealers;
Whereas crime and violence in schools is of continuing concern to the American 
        people due to the recent high-profile incidents that have resulted in 
        fatalities at several schools across the United States;
Whereas community-based programs involving law enforcement, school 
        administrators, teachers, parents, and local communities work 
        effectively to reduce school violence and crime;
Whereas citizens across the United States will soon take part in ``National 
        Night Out'', a unique crime prevention event which will demonstrate the 
        importance and effectiveness of community participation in crime 
        prevention efforts by having people spend the period from 7 to 10 
        o'clock p.m. on August 7, 2001, with their neighbors in front of their 
        homes with their lights on; and
Whereas schools that turn their lights on from 7 to 10 o'clock p.m. on August 7, 
        2001, will send a positive message to the participants of ``National 
        Night Out'' and show their commitment to reduce crime and violence in 
        schools: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) supports the goals and ideas of ``National Night Out''; and
            (2) requests that the President--
                    (A) issue a proclamation calling on the people of the United 
                States to conduct appropriate ceremonies, activities, and 
                programs to demonstrate support for ``National Night Out''; and
                    (B) focus appropriate attention on the issues of 
                neighborhood crime prevention, community policing, and reduction 
                of school crime by delivering speeches, convening meetings, and 
                directing his Administration to make reducing crime an important 
                priority.
            Attest:

                                                                          Clerk.
```