alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 20-3000

___________________________

Deverick Scott

lllllllllllllllllllllPlaintiff - Appellant

v.

James Gibson, Warden, Varner Unit (Originally named as Gibson); Virginia

Allen, Mailroom Supervisor, Varner Supermax Unit (originally named as Allen);

Trent Smith, Officer, Varner Supermax Unit; John Pollett, Chaplain, Varner

Supermax Unit (originally named as Polate); Seam Treas, Chaplain, Varner

Supermax Unit (originally named as Trease); Dexter McDonnell, Chaplain, Varner

Supermax Unit (originally named as McDonnell); Does, Publication Review

Committee Members, Varner Unit; Briana Boatner, (originally named as Boatner

and Bolden)

lllllllllllllllllllllDefendants - Appellees

 ____________

Appeal from United States District Court 

for the Eastern District of Arkansas - Pine Bluff

 ____________

 Submitted: March 10, 2021

Filed: March 15, 2021

[Unpublished]

____________

Before GRUENDER, WOLLMAN, and GRASZ, Circuit Judges. 

____________

PER CURIAM.
Arkansas inmate Deverick Scott appeals the district court’s1

 adverse grant of

summary judgment in his action under 42 U.S.C. § 1983 and the Religious Land Use

and Institutionalized Persons Act (RLUIPA). Initially, we find that Scott’s claims

arising from the denial of religious texts were subject to dismissal for failure to

exhaust administrative remedies. See King v. Iowa Dep’t of Corr., 598 F.3d 1051,

1052 (8th Cir. 2010) (reviewing de novo dismissal for failure to exhaust); Johnson

v. Jones, 340 F.3d 624, 627 (8th Cir. 2003) (dismissal is mandatory if exhaustion is

not complete at time of filing); see also Townsend v. Murphy, 898 F.3d 780, 784 (8th

Cir. 2018) (boundaries of proper exhaustion are determined by prison’s specified

administrative requirements). 

Viewing the record in a light most favorable to Scott, and drawing all

reasonable inferences in his favor, see Brewington v. Keener, 902 F.3d 796, 800 (8th

Cir. 2018) (de novo review), we agree with the district court that the record did not

establish that the practice of Scott’s religion was substantially burdened under

RLUIPA or the First Amendment by the one-time denial of a Ramadan meal or by the

subsequent one-time denial of an Eid feast meal. The judgment is affirmed. See 8th

Cir. R. 47B. 

______________________________

1The Honorable D.P. Marshall Jr., Chief Judge, United States District Court for

the Eastern District of Arkansas, adopting the report and recommendations of the

Honorable Joe J. Volpe, United States Magistrate Judge for the Eastern District of

Arkanas. 

-2-
#### Baldwin Schlesinger, as Executor of the Will of Abraham Schlesinger, Deceased, Respondent, *v.*Leo Schlesinger et al., Respondents, and Phil Bear, Appellant.

*Schlesinger*v. Bear, 143 App. Div. 907, affirmed.

(Submitted May 9, 1912;

decided May 24, 1912.)

Appeal from a judgment of the Appellate Division of the Supreme Court in- the first judicial department, entered February 27,1911, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action for a partnership accounting.

*Harold Nathan*and *Marcel Levy*for appellant.

*Charles Strauss*and *Eugene D. Boyer*for plaintiff, respondent.

*Alexander S. Bacon*for defendants, respondents.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.
#### Charles P. Moody, Appellant, v. Frederick Geerharts, Respondent.

Judgment affirmed. Opinion by

Corlett, J.
IV 

House Calendar No. 241

107TH CONGRESS 

2D SESSION H. RES. 609

[Report No. 107–784] 

Providing for consideration of the Senate amendments to the bill (H.R. 

5063) to amend the Internal Revenue Code of 1986 to provide a special 

rule for members of the uniformed services in determining the exclusion 

of gain from the sale of a principal residence and to restore the tax 

exempt status of death gratuity payments to members of the uniformed 

services. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 13, 2002

Mr. LINDER, from the Committee on Rules, reported the following resolution; 

which was referred to the House Calendar and ordered to be

printed 

RESOLUTION

Providing for consideration of the Senate amendments to 

the bill (H.R. 5063) to amend the Internal Revenue 

Code of 1986 to provide a special rule for members 

of the uniformed services in determining the exclusion 

of gain from the sale of a principal residence and to 

restore the tax exempt status of death gratuity payments 

to members of the uniformed services.

1 Resolved, That upon adoption of this resolution it 

2 shall be in order to take from the Speaker’s table the bill 
2

HRES 609 RH 

1 (H.R. 5063) to amend the Internal Revenue Code of 1986 

2 to provide a special rule for members of the uniformed 

3 services in determining the exclusion of gain from the sale 

4 of a principal residence and to restore the tax exempt sta5 tus of death gratuity payments to members of the uni6 formed services, with the Senate amendments thereto, and 

7 to consider in the House, without intervention of any point 

8 of order, a single motion offered by the chairman of the 

9 Committee on Ways and Means or his designee that the 

10 House concur in each of the Senate amendments with the 

11 respective amendment printed in the report of the Com12 mittee on Rules accompanying this resolution. The Senate 

13 amendments and the motion shall be considered as read. 

14 The motion shall be debatable for one hour equally divided 

15 and controlled by the chairman and ranking minority 

16 member of the committee on Ways and Means. The pre17 vious question shall be considered as ordered on the mo18 tion to final adoption without intervening motion or de19 mand for division of the question. 

House Calendar No. 241

107TH CONGRESS 

2D SESSION H. RES. 609

[Report No. 107–784] 

RESOLUTION

Providing for consideration of the Senate amendments to the bill (H.R. 5063) to amend the Internal Revenue Code of 1986 to provide a special 

rule for members of the uniformed services in determining the exclusion of gain from the sale of a principal residence and to restore the tax exempt status of death gratuity payments to members of the uniformed services. 

NOVEMBER 13, 2002

Referred to the House Calendar and ordered to be 

printed
From: Jeff Warncke [mailto:jswarncke@gmail.com] 

Sent: Wednesday, October 25, 2017 5:08 PM

To: EBSA, E-ORI - EBSA

Subject: Delay in implemeting new ERISA disability claim regulations

Dear Sirs,

I am an attorney whose practice, for 20+ years, has focused on disability insurance denials. I have 

followed the DOL's ERISA claim regulations through two previous revisions, and have followed the 

impending regulatory revision closely.

It is my position that the DOL's stated intention to delay implementation of the new regulation is 

unlawful and represents a transparent capitulation to monied interests (namely the insurance industry) 

at the expense of reasonable consumer protection. It should be noted that DOL hass previously 

addressed all the concerns raised by the purported need for delay, in a process that was consistent with 

its regulatory authority. Insurance companies and plans had plenty of time to make their case then, and 

there is no reason to give them a second bite at the apple. The rule making process has closed. Any 

attempt to circumvent the rules making process will assuredly be met with public interest litigation.

2. DOL evaluated the purported cost increases now raised by plans and insurance companies and 

concluded that the costs would be minimal.

3. After careful consideration listening to insurance companies and plans, and claimants, DOL 

implemented well-thought out regulations.

Jeffrey S. Warncke

Evans, Scholz,Williams & Warncke LLC

www.theinsuranceattorneys.net

3490 Piedmont Rd., N.E., Suite 1200, Atlanta, GA 30305

Tel 404-841-9400, x 41 Fax 888-738-5949
#### Margaret Van Schaack, Appellant, v. James Saunders. Respondent, Impleaded, etc.

Appeal dismissed.
From: Debora (Deby) Crislip

To: E-OHPSCA2713.EBSA

Subject: Thank you for supporting birth control access for all women

Date: Wednesday, August 03, 2011 9:21:04 AM

Dear Kathleen Sebelius, Secretary of Health & Human Services,

I commend the Department of Health & Human Services' landmark decision requiring health insurers to

cover the full cost of contraception, with no co-pay, beginning in August 2012.

This policy places a much-needed importance on women's health that is too-often not a priority in

health care policy. Birth control is a critical part of preventive care, and making contraception available

to all women, regardless of their insurance or ability to pay for it, will significantly reduce long-term

health care costs associated with unplanned pregnancies.

Thank you for prioritizing women's basic health care needs.

Sincerely,

Debora (Deby) Crislip

1850 E 68th St

Indianapolis, In 46220
#### Lyman D. Post, Respondent, *v.*Albert Frank & Company, Appellant.

(Supreme Court, Appellate Term,

January, 1912.)

Offer and acceptance — Essentials and necessity of agreement — Legal effect of contracts.

Acceptance of an order to publish an advertisement for a definite period is to be inferred from the commencement of publication in pursuance of the order, and the contract thus formed cannot be thereafter canceled by the publisher.

Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, fifth district, rendered in favor of the plaintiff after a trial before the court without a jury.

Robert J. Mahon, for respondent.

Alexander & Ash, for appellant.

*Per Guriam.*

The action was brought to recover the price alleged to have been agreed to be paid for certain advertising under the following order:

*131“ Hew York City, Aug. 20, 1909. “ Publisher, Paper Mill & Wood Pulp Hews,

, Hew York:

*“*Please insert the following order:

Title of Position • / Number Client Advertisement Space Time Rate 3808 ...... Schlisische Cellulose, etc. 5 in. Every 3 weeks for 15 beg. at once Good §229.50 less 2% cash 15 days

“ Important :

“ If rate or space is incorrect Write us at once, and we will be governed according to your acceptance. Copies of each publication must be forwarded• same day.adv. appears.

“ Yours very' truly,

“Albert Frank & Co.

“ Per F. P.”

After certain insertions had been made, defendant undertook to cancel the order. Plaintiff denied defendant’s right so to do and now sues for the full amount stated in the order, less a sum conceded to have been paid. 1 The order being for ' a definite and fixed sum and for a specific number of advertisements or insertions, it must be deemed, in view of the language used, to have been accepted *in toto*by the commencement of the advertisement, and that plaintiff thereby undertook to complete it. I Having become a binding bilateral^ contract, defendant could not cancel it without plaintiff’s consent. The part performance of an order for a definite number of insertions and for a definite amount necessarily implies an acceptance and an agreement to complete, as, unless completed, nothing would be earned. Mendell v. Willyoung, 42 Misc. Rep. 210; Humphreys Mfg. Co. v. Williams Co., 70 id. 354. Cases such as White v. Kingston Motor Car Co., 69 Misc. Rep. 627, are not in conflict with this rule, as there the past performance implied only an acceptance of the offer to pay according to *132the insertions; See Per Curiam opinion in North Side News Co. v. Cypres, *ante,*p. 129.

Present: Giegerich, Lehman and Pendleton, J.J.

Judgment affirmed with costs.
From: Emily Ann McCullough

To: E-OHPSCA2713.EBSA

Subject: Opposed to HHS definition of "Religious Employer" in new mandates

Date: Monday, August 08, 2011 10:24:00 AM

Regarding the new mandates concerning preventive health services to be covered by

insurance plans that all insurance plans provide coverage for all prescription contraceptives

approved by the FDA, as well as abortifacients such as the "morning after" pill and "Ella",

I am writing to express my opposition to the definition of "religious employer" within the

context of a lack of true conscience protection! In the plan, the definition of "religious

employer" is so narrow that its applicability negates most religious employers within the

United States. It is essential that such conscience protection be granted for not

only religious employers, but for all employers, insurers, and policy issuers with

moral, ethical, or religious objections as well.

God bless you,

Emily Ann McCullough

Adult Faith Formation, Marriage Prep

Diocese of Alexandria

4400 Coliseum Blvd.

Alexandria, LA 71303

318-445-6424 x 221

"Christ is the only answer to the desire for happiness we carry in our hearts." -

Benedict XVI
<PAGE>

                                   EXHIBIT 23

               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

Board of Directors and Stockholders of CCFNB Bancorp, Inc.

We consent to the use of our report dated February 17, 2007, with respect to the
consolidated balance sheets of CCFNB Bancorp, Inc. and Subsidiary as of December
31, 2006 and 2005, and the related consolidated statements of income, changes in
stockholders' equity, and cash flows for each of the years in the three-year
period ended December 31, 2006, which report is included herein.


/s/ J. H. Williams & Co., LLP
J.H. Williams & Co., LLP
Kingston, Pennsylvania
February 17, 2007


                                       78
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Arturo Esquivel

128 Richh St Waxahachie, TX 75165 July 22, 2015

Federal Aviation Administration Office 800 Independence Avenue, SW Washington, DC 20591

D ear Federal Aviation Administration :
My name is Arturo Esquivel and I own Artesq C inema Productions. This is a new petition for exemption. I recently bought a drone Phantom Professional with the intention o f promoting my

new aerial service s to Real Estate Agents. This is to help Real Estate Agents sell their home. I do understand the regulations of flying a drone within safety areas. I am aware of my surroundings to be sure my drone is not being operated in a populated area and I do not fly near air ports. I have set my drone to not fly over 200 feet into the air to ensure I can see my drone while flying in the air

. M ost of my shoots will primarily be over large lands and waters.

My drone does include safety features such as low battery indica tor which will land to safety or R eturn t o Hom

e button on my controller. The drone is in perfect condition with all new propeller motors. I have viewed all tutorials produced by the DJI (Phantom Professional). I have real time view through my monitor which allows me to see where I am going. There is a link on their websi te w hich describes the No

- Fly Zone that helps me understand my limits. The web address to this information is flysafe.dji.com

. These are the remote controller specs:
The operating frequency is 2.400 GHz

- 2.483 GHz

R eceiver Sensitivity (1%PER)

- 101 dBm + 2 dBm

Transmitter Power (EIRP) FCC:20dBm and CE: 16dBm

Max Distance: 2000m (outdoor and unobstructed)Federal Aviation Administration

Page 2

Vision Positional specs:

Max Velocity: Less than 8 m/s (when 2 m above ground)
Altitude Range: 30 cm

- 300 cm
Operating Range: 30 cm

- 300 cm

Aircraft specs:
Diagonal Size (Including Propellers) 590 mm
Max Ascent Speed: 5m/s
Max Descent Speed: 3 m/s
Max speed: 16 m/s (ATTi Mode, no wind)

Max Altitude Above S ea Level: 6000m
Operating Temperature: 0 Celsius to 40 Celsius

GPS Mode: GPS/GLONASS

My drone weighs 3 pounds exact with both a 4K resolution camera and a smart battery installed. The serial number on this model is P78DCF25032351 and Model number W323.
Sincerely,

Arturo Esquivel O wner of Artesq Cinema Productions
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 During his visit to Baghdad today Defense Secretary Ash Carter met with Iraqi leaders coalition commanders and U.S. troops and also announced that the United States in close consultation with the Iraqi government will deploy an additional 560 troops to Iraq to assist in the fight against the Islamic State of Ir according to a DoD news release. d
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Current Industrial Reports:Manufacturers' Shipments, Inventories, and Orders:  (M3-1)The Manufacturers' Shipments, Inventories, and Orders (M3) survey providesbroad-based, monthly statistical data on economic conditions in the domesticmanufacturing sector.  The survey measures current industrial activity andprovides an indication of future business trends.  Data are used by theExecutive Branch of the Government for developing economic, fiscal, andmonetary policy; the Bureau of Economic Analysis as components of the grossdomestic product estimates; and trade associations, corporate economists,and other members of the business community as an analytical tool forassessing the current and future economic condition of the country.
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M3-3(04) Benchmark Report for Manufacturers' Shipments,Inventories, and Orders: January 1992-December 2004
M3-1(02) Manufacturers' Shipments,Inventories, and Orders: 1992-2002
M3-1(01) Manufacturers' Shipments,Inventories, and Orders: 1992-2001
M3-1(00) Manufacturers' Shipments,Inventories, and Orders: 1992-2000
M3-1(97) Manufacturers' Shipments,Inventories, and Orders:  1987-1997
M3-1(96)Manufacturers' Shipments, Inventories, and Orders: 1987-1996
M3-1(95)  Manufacturers' Shipments, Inventories, and Orders: 1982-1995

Additional Information on Manufacturing and Mining Reports
Source:  *U.S. Census Bureau*Last Revised:  *Friday, 19-Aug-2005 11:29:46 EDT* Census Bureau Links:   Home· Search· Subjects A-Z· FAQs· Data Tools· Catalog· Census 2000· Quality· Privacy Policy· Contact Us
#### In the Matter of Flora Hartman.

Order reversed and border entered -.directing hearing before a new referee, without costs to either party. Opinion by Davis, P. J.