alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Augustin RODRIGUEZ-NAVARRO, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 03-74233.

Agency No. [ AXX-XXX-XXX ].

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 12, 2005.*

Decided Sept. 15, 2005.

Gary Finn, Attorney at Law, Law Offices of Gary Finn, Indio, CA, for Petitioner.

Regional Counsel, Western Region Immigration & Naturalization Service, Laguna Niguel, CA, Norah Ascoli Schwarz, John C. Cunningham, Luis E. Perez, DOJ-U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before REINHARDT, RYMER, and HAWKINS, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM**

Augustin Rodríguez-Navarro, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals’ (“BIA”) dismissing as untimely his appeal from the immigration judge’s order denying his application for suspension of deportation. We review de novo whether the BIA had jurisdiction over an untimely appeal. *Da Cruz v. INS,*4 F.3d 721, 722 (9th Cir.1993). We deny the petition for review.

The record reflects that the immigration judge’s oral decision was rendered on January 6, 2003, that the notice of appeal was therefore due on February 5, 2003, and that it was received by the BIA on February 6, 2003. “The time limit for filing an appeal is mandatory and jurisdictional.” *Id.*(discussing the BIA’s 30-day limit). “If a time limit is jurisdictional, it is not subject to the defenses of waiver, equitable tolling, or equitable estoppel, although there may still be exceptions based on unique circumstances.” *Socop-Gonzalez v. INS,*272 F.3d 1176, 1188 (9th Cir.2001) (en banc) (internal quotation removed). Accordingly, we cannot say that the BIA improperly dismissed the appeal as untimely, even though it was only one day late, and even though the BIA acknowledged receipt of the appeal and ordered briefing. *See Da Cruz, 4*F.3d at 722; *see also 8*C.F.R. § 1003.38(b) and (c). Rodriguez-Navarro has not pointed to the type of “rare circumstances” under which the BIA may excuse late filing. *See Oh v. Gonzales,*406 F.3d 611, 613 (9th Cir.2005).

Rodriguez-Navarro contends that the BIA abused its discretion when it did not accept the appeal under the certification authority, pursuant to 8 C.F.R. § 1003.1(c). However, no request for cer*825tification was made in this case. *See Da Cruz,*4 F.3d at 722.

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case No. 8,620.

#### LYELL v. MILLER et al.

[6 McLean, 422.] 1

Circuit Court, D. Michigan.

June Term, 1855.

Taxation' of Costs.

There can be no taxation of costs, except under the act of 1853 [10 Stat. 161]. That law abolishes all previous laws on the subject, without any reservation.

[Cited in Ethridge v. Jackson, Case No. 4,-541.]

At law.

OPINION OF

THE COURT.

This is a motion in regard to the taxation of costs. The above cause was submitted to a jury, and be; fore a verdict was rendered the plaintiff submitted to a non-suit A motion was made to set aside the non-suit, which was overruled by the court. The taxation is made in part under the present fee bill, and in part under the late one. The act of 26th February, 1853, which is now in force, declares, “that in lieu of the compensation now allowed by law to attorneys, solicitors and proctors in the United States courts, to United States district attorneys, clerks of the district courts, marshals, witnesses, jurors, commissioners and printers, in the several states, the following, and no other compensation, shall be taxed and allowed.” The above law applies to all taxations of costs, after it took effect, and it abolished all prior laws on the subject. As there is no provision in the present act that, for services previously rendered, cost should be taxed under the former law, there can be no taxation under it.
Exhibit 32



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 National Commerce Financial Corporation (the Company) on Form 10-Q for the period ending March 31, 2004 as filed with the Securities and Exchange Commission on
the date hereof (the Report), we, William R. Reed, Jr. and John M. Presley, Chief Executive Officer and Chief Financial Officer, respectively, of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906
of the Sarbanes-Oxley Act of 2002, that:



(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.



|                   |  |     |  |                         
|------------------ |  | --- |  | ------------------------
|Date: May 10, 2004 |  | By: |  | /s/ WILLIAM R. REED, JR.
|                   |  |     |  | William R. Reed, Jr.    
|                   |  |     |  | Chief Executive Officer 
|                   |  |    
|                   |  |     |  | /s/ JOHN M. PRESLEY     
|                   |  |     |  | John M. Presley         
|                   |  |     |  | Chief Financial Officer
# Martin Drake Power Plant Fire Incident Update

May 12, 2014

## Incident Summary

• Fire started morning of May 5, 2014

• All employees evacuated safely

• No injuries

• Brief power outage for customers

• Accidentally caused

# Utilities’ Staff Recognition

• Drake Employees

• Safety

• Environmental

• Human Resources

• Emergency Operations TeamOutside of plant (east

- facing side)

### Turbine deck

### Turbine deck roof

### Turbine deck

### Office

### Basement

### Cabling

### Turbine deck roof

### Turbine deck

### Turbine deck (unit 5)

### Turbine deck ( unit 5)

### Turbine deck (between units 5 and 6)

# Restoration Progress

• Completed property turnover from Colorado Springs Fire Department

• Engaged consulting engineers Lutz, Daily, & Brain (LD&B)

• Completed preliminary structural and electrical evaluations

• Conducted site visits with insurance adjusters and Colorado Springs Fire Department.

• Secured contractor for facility clean up

• Restored all services to administrative areas

• Updated all Drake employee assignments

• Notified scrubber contractor to resume work

# Restoration Progress ( ctd )

• Established temporary exterior lighting

• Enhanced Security presence

• Expedited completion of Front Range scheduled outage

• Modeled preliminary transmission and distribution system impacts

• Initiated reconfiguration of 34.5kV components at Drake substation

• Stopped coal deliveries

• Developed lease option for train

• Transitioned from Emergency Operations Center to Restoration/Recovery Team

# Next Steps

• Complete comprehensive condition assessment

• Develop Delivery Plan to resume generation

• Model potential cost impacts

# Power Supply

• Existing

– Colorado Springs Utilities’ Generation

– Existing long term agreements

– Spot market purchases



### • Replacement

– Spot market purchases

– New purchase power agreementsTotal CSU Hydro Electric plants (35 MW) Front Range Power Plant

– Combined cycle natural gas plant (460 MW)

Nixon Power Plant

– Coal (208 MW) 2 Gas Combustion Turbines (30 MW each) Martin Drake Power Plant #5
– (46 MW) #6
– ( 77 MW) #7
– (131 MW) Site total Energy (254 Mw ) Birdsall Power Plant Steam Cycle Natural Gas Plant (55 MW)

Contracted Solar Facilities Air Force Academy Solar Array (5 MW) Solar Gardens (1MW) 

# Generation & Resources (1,161MW Total)

Contracted WAPA Hydro (Ave 83MW)

# Electric Cost Components

# Communication

• Board communication

• Employee communication

• Customer communication

• Neighborhood outreach

• Media
',-,T". '["'.:-:- r( \ ",,' 

### ~ . , . 

# .;~:"i.:~~PORTP;IlU:~I~ "",', ~',;C-i;'\llGEl)I\

### Ti(1;,r:;

_ }\j\\ •...

l Jl ,_I I; ,,' .'1,,"- 

### Adams. Kevin (OST) From: 

### Sent: To: Cc: Subject: City Manager <manager@cityofhancock.net> Monday, July 22, 2013 10:49 AM Ada~s, Kevin (OST) c,n .:I 

### ?

## 1 PI: 51 DenniS Hext 

### .db J.,l ..- RE:Request for Comment rethe proposal of SkyWest at Hancock/Houghton, MI (the only carrier to bid) Kevin, on Wednesday, July 17th, the Hancock City Council reviewed the one submission for Essential Air Service for the 2014/2015 period from SkyWest. The City of Hancock has been pleased with the performance and pricing of Sky \Nest/United via O'Hare(ORD) during the last 4years, and believe 5kyWest issuited to undertake the next two years as well. Therefore, the City Council voted to support SkyWest's bid to continue EAS service at CMX for 2014 and 2015. Glenn Anderson, City Manager 

# ._--~~~ ~-_.

## ---~----~~~



# ---_._-


# _..

## _-_._-------------- --_.~._._---- From: Kevin.Adams@dot.gov [mailto:Kevin.Adams@dot.gov] 

### Sent: Tuesday, July 16, 2013 9:40 AM 

### To: Clerk@citvofHancock.com; dhext@HoughtonCounty.net; Manager@CityofHancock.com; Scott@cityofHoughton.com 

### Cc: brad.rawson@skywest.com 

### Subject: Request for Comment re the proposal of SkyWest at Hancock/Houghton, MI (the only carrier to bid) HiAll, Attached above isa copy of the one timely-filed proposal for Essential Air Service (EAS)at Hancock/Houghton, submitted by SkyWest. We are currently reviewing those proposals. The attached proposal is directly from the carrier and will soon be reflected in the Docket, which you may access through Regulations.gov at DOTOST-2009-0302, along with other pertinent information on this proceeding. The next step in the carrier-selection process isfor you to provide uswith your community's comments, a critically important element in our carrier-selection decision, especially the comments of civic officials. Accordingly, Iask that everyone get back to us, preferably by email, no later than August 13, 2013. We will docket this email, aswell asany replies. In brief, look at the proposal, and ifyou have any questions, call me, and get back to us bythe deadline, August 13; Best,
Kevin Adams 202-366-1047

1
Freefly Alta ­ ​SPECIFICATIONS

DIMENSIONS

UNFOLDED

Diameter 1126 mm

Height (to base of TITH) 220 mm

FOLDED

Diameter 550 mm

Height (to base of TITH) 220 mm

POWERPLANT

Number of Motors 6

Motor Type Direct Drive 3­Phase PMAC Outrunner

Motor Model F45

Motor Continuous Power Output 350 W

Motor Instantaneous Peak

Power

950 W

Electronic Speed Controller Freefly Silent­Drive Sine Wave ESC

PROPELLERS

Material Carbon fiber with balsa core

Propeller Orientation (3) CW and (3) CCW Props

Propeller Type 18 x 6 Folding
BATTERY

Nominal Battery Voltage 6S / 22.2V

Maximum Battery Size 240 x 180 x 80 mm

Maximum Battery Quantity 2 Battery Packs (Parallel)

Battery Connectors 2x EC5 (Parallel)

WEIGHTS

Maximum Gross for Takeoff

1 13.6 kg (30.0 lbs)

Maximum Useful Load

2 9.1 kg (20.0 lbs)

Maximum Payload

3 6.8 kg (15.0 lbs)

Typical Standard Empty Weight 4.5 kg (10.0 lbs)

SPECIFIC LOADINGS

Typical Specific Power

4 145 W/kg

Thrust Ratio at Max Takeoff Weight

1 1.85 : 1

FLIGHT CONTROLLER

Model Name Freefly Synapse Flight Controller

Flight Modes Manual

Height Hold

Position Mode

Return­To­Home
Auto­land

Supported Inputs DSMX, DSM2, S.Bus, S.Bus 2, PPM,

FPV SD Video

Supported Radios Futaba S.Bus & S.Bus 2

DSMX, DSM2 (Spektrum/JR)

PPM, PPM Invert, PPM Graupner

Supported Radio Controller

Telemetry Systems

Futaba w/ built­in voltage sense port

Supported First­Person View

Transmitters

Skyzone

BOSCAM

Immersion RC

Fatshark

First­Person View OSD Telemetry User Configurable

Installed Transceivers Wi­Fi

Data Logging Rate 25 Hz

LIGHTING AND INDICATION

Orientation Lights 3 Watt RGB LEDs

Orientation Light Locations Outboard on Boom Ends

Orientation Light Color Red, Yellow, Blue, Green, White

Status Light Rear­Facing Red/White LED

Accessory Lighting Port 12 VDC

Accessory Lighting Port Location Outboard on Boom Ends

ISOLATION SYSTEM

Vibration Isolation System Silicone O­Rings
ISOLATION SYSTEM OPTIONS

1.Soft / Light Payloads Red O­Rings

2.Medium / Mid Payloads Teal O­Rings

3.Stiff / Heavy Payloads Black O­Rings

PAYLOAD MOUNTING

Mounting Locations Bottom and Top Mount

Mounting System Freefly Toad In The Hole Quick Release

1. AT SEA LEVEL, STANDARD CONDITIONS.

2. TOP AND BOTTOM MOUNT. INCLUDES BATTERIES.

3. PAYLOAD WEIGHT TOP OR BOTTOM MOUNT. BATTERY WEIGHT NOT INCLUDED AND MOUNTED ON

OPPOSITE SIDE FROM PAYLOAD IN TYPICAL CONFIGURATIONS.

4. AT MAXIMUM TAKEOFF WEIGHT, SEA LEVEL, STANDARD CONDITIONS.
<PAGE>   1

                                                                     EXHIBIT 4.1

                                     ACLARA

                                BIOSCIENCES INC.


INCORPORATED UNDER THE LAWS                                    CUSIP 00461P 10 6
 OF THE STATE OF DELAWARE                    SEE REVERSE FOR CERTAIN DEFINITIONS


                              THIS CERTIFIES THAT

                                 [ACLARA LOGO]

                            IS THE RECORD HOLDER OF

            FULLY PAID AND NONASSESSABLE SHARES OF THE COMMON STOCK,
                         $0.001 PAR VALUE PER SHARE, OF

                            ACLARA BIOSCIENCES, INC.

TRANSFERABLE ON THE BOOKS OF THE CORPORATION BY THE HOLDER HEREOF IN PERSON OR
BY DULY AUTHORIZED ATTORNEY UPON SURRENDER OF THIS CERTIFICATE PROPERLY
ENDORSED. THIS CERTIFICATE IS NOT VALID UNTIL COUNTERSIGNED BY THE TRANSFER
AGENT AND REGISTRAR.

     WITNESS THE FACSIMILE SIGNATURES OF ITS DULY AUTHORIZED OFFICERS.

DATED:


/s/ WENDY R. HITCHCOCK                  /s/ JOSEPH M. LIMBER
-----------------------------------     -----------------------------------
CHIEF FINANCIAL OFFICER AND             PRESIDENT & CEO
SECRETARY



                            ACLARA BIOSCIENCES, INC.

                                     [SEAL]

                                  APR 12, 1995

                                    DELAWARE
# C_2015320EN.01003001.xml

| 28.9.2015 | EN | Official Journal of the European Union | C 320/30 |
| --- | --- | --- | --- |

28.9.2015

EN

Official Journal of the European Union

C 320/30

---

Order of the President of the General Court of 16 July 2015 — National Iranian Tanker Company v Council

(Case T-207/15 R)

((Application for interim measures - Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Application for suspension of operation of a measure - Prima facie case - Balancing of interests - No urgency))

(2015/C 320/46)

Language of the case: English

Parties

Parties

Applicant: National Iranian Tanker Company (Tehran, Iran) (represented by: T. de la Mare QC, M. Lester, J. Pobjoy, Barristers, R. Chandrasekera, S. Ashley and C. Murphy, Solicitors)

Applicant:

Defendant: Council of the European Union (represented by: N. Rouam and M. Bishop, acting as Agents)

Defendant:

Re:

Re:

Application for suspension of operation of Council Decision (CFSP) 2015/236 of 12 February 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2015 L 39, p. 18) and Council Implementing Regulation (EU) 2015/230 of 12 February 2015 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2015 L 39, p. 3), in so far as each applies to the applicant.

Operative part of the order

Operative part of the order

| 1. | The application for interim measures is dismissed. |
| --- | --- |

1.

The application for interim measures is dismissed.

| 2. | The costs are reserved. |
| --- | --- |

2.

The costs are reserved.

---
Clean	Power	Plan	Goal	Computation Call	with	the	State	of	Colorado

06/23/2014

Discussion	Questions

Colorado would like to walk through the calculation of their goal and 

also submitted these specific questions:

1. Colorado went in to the TSD: 2012 Unit-level Data Using the eGRID 

Methodology data set and added columns K-P [CAMD info] so they 

could compare CAMD CO2 emissions levels for NGCC units to the ones 

EPA generated that now show up in column U [please see the columns 

highlighted in yellow below]. For Fort St. Vrain Unit 2, for example, 

you can see CAMD has their CO2 emissions at 521,499 tons, and EPA 

has 298,337 tons. Can you explain this discrepancy, and why CAMD 

has different values for Units 2, 3 and 4, and EPA has the same 

number?

2. Can you clarify the definition of affected source? In the 

Description of 2012 Unit-level Data Using the eGRID Methodology

document, the table below leads one to believe that an affected 

source is 25MW or larger, but in the TSD: Goal Computation, is says 

that “a covered EGU is a stationary combustion turbine, steam 

generating unit or IGCC that is: (1) capable of combusting more than 

250 MMBtu/h [which is 73MW?] heat input of fossil fuel and (2) 

constructed for the purpose of supplying one-third or more of its 

potential net- electric output capacity and more than 219,000 MWh to 

any utility power distribution system for sale (that is, to the grid).” The 
250 MMBtu/h and 73MW is consistent with the NSPS for new power 

plants. Was that your intent?
May24,2012 My name is joel Gay. Iam the communications director for the New Mexico Wildlife Federation, which represents thousands ofconservation-minded New Mexico hunters, anglers and others who care aboutwildlife and habitat. I am also an avid hunter and fisherman myself. I am here today to ask the Environmental Protection Agencyto protect ournation's wildlife habitat by standing up for clean air and clean water that ourwild game requires to thrive Hunters and anglers in this country have always promotedthe protection ofourwildlife resources. A century ago it was sportsmen like Aldo Leopold, founder ofthe New Mexico Wildlife Federation, who called for conservative harvest limits on fish and game, no more commercial harvest ofgamebirds and animals, and strong law enforcement to protect game species like antelope, elk and turkey that hadbeen extirpated in New Mexico and other states. Thanks to those far-sighted sportsmen, our gamepopulations have recovered and in some cases are booming. Todaythe threat to ourwildlife is not from overharvesting, but from overheating. The science is irrefutable that as the climate changes due to increasing levels ofgreenhouse gases, average temperatures will rise and precipitation will be increasingly erratic. Those two factors work together to affect wildlife and, byextension, sportsmen. Last weekI went fishing on Columbine Creekin northern New Mexico, hoping to find native Rio Grande cutthroat trout. Inmany states, the trout streams are big enough that trout can find deep pools ofcold water to help them survive as temperatures rise. But in New Mexico we often fish in streams like the Columbine that are less than a foot deep. Iftemperatures continue to rise, trout andtrout fishing on many streams in New Mexico will simply disappear. Earlierthis spring I hunted for turkeys in the Sacramento Mountains in southeast New Mexico. Theyhad record snowfall earlyin the winter, followed bydrought and an earlyrunoff. There was almost no water in canyons and almost no birds. Wildlife in ourregion can withstand flood and drought, but climate change is creating evenbigger swings in precipitationthat make the future ofhunting for birds like turkey and quail questionable. Likewise, big game animals that thrive in so-called "sky islands" ofthe southwest and that can't migrate north, will have nowhere to go as temperatures rise. Manyhunters already see the effect ofa warming planet as waterfowl migrations and the rut seasons for elk, deer and other ungulates occur later than they have historically. I'm asking the EPAto take quick action to update the nation's pollution standards for new powerplants and to begin to rein in pollution from existingpowerplants. We need the EPAto protect our air and water, whichultimately will protect our wildlife and in tumprotect our outdoor heritage from the worst effects ofwarming world. Sincerely, Joel Gay Albuquerque, New Mexico
Before the Second Division.

May 12, 1944

No. 49408.

#### Protests 492554-G, etc., of E. M. Poons Co. of Kobe, Inc. (New York).

Opinion by

Tilson, J.

The record showed that certain items consist of 8-bu. hats similar to those involved in *Caradine*v. *United States*(9 Cust. Ct. 69, C. D. 664), the record in which case was incorporated herein. On the record presented those hats imported and withdrawn for consumption prior to the effective date of said trade agreement were held dutiable at 25 percent ad valorem under paragraph 1504 (b)(5), and those subsequent thereto were held dutiable at 12)4 percent under paragraph 1504 (b) (5) as modified by the said Netherlands Trade Agreement (T. D. 48075). Protests were sustained to this extent.
110TH CONGRESS 

2D SESSION H. CON. RES. 307 

CONCURRENT RESOLUTION 

Whereas Members’ Congressional papers (including papers of 

Delegates and Resident Commissioners to the Congress) 

serve as indispensable sources for the study of American 

representative democracy; 

Whereas these papers document vital national, regional, and 

local public policy issues; 
2 

•HCON 307 EH 

Whereas these papers are crucial to the public’s understanding of the role of Congress in making the Nation’s 

laws and responding to the needs of its citizens; 

Whereas because these papers serve as essential primary 

sources for the history of Congress, the study of these 

papers will illuminate the careers of individual Members; 

Whereas by custom, these papers are considered the personal 

property of the Member who receives and creates them, 

and it is therefore the Member who is responsible to decide on their ultimate disposition; and 

Whereas resources are available through the Office of the 

Clerk of the House of Representatives and the Secretary 

of the Senate to assist Members with the professional 

and cost-effective management and preservation of these 

papers: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That it is the sense of Congress that— 

3 (1) Members’ Congressional papers (including 

4 papers of Delegates and Resident Commissioners to 

5 the Congress) should be properly maintained; 

6 (2) each Member of Congress should take all 

7 necessary measures to manage and preserve the 

8 Member’s own Congressional papers; and 

9 (3) each Member of Congress should be encour10 aged to arrange for the deposit or donation of the 

11 Member’s own noncurrent Congressional papers with 

12 a research institution that is properly equipped to 

13 care for them, and to make these papers available 
3 

•HCON 307 EH 

1 for educational purposes at a time the Member con2 siders appropriate. 

Passed the House of Representatives March 5, 

2008. 

Attest: 

Clerk. 
110TH CONGRESS 

2D SESSION H. CON. RES. 307 

CONCURRENT RESOLUTION 

Expressing the sense of Congress that Members’ 

papers. essary measures to manage and preserve these tained and encouraging Members to take all necCongressional papers should be properly main-