alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
12-827 Travers v. Commissioner of Social Security



### UNITED STATES COURT OF APPEALS **FOR THE SECOND CIRCUIT**



## SUMMARY ORDER

**RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER**  **FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS**  **COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX**  **OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY**  **NOT REPRESENTED BY COUNSEL.**

**At a stated term of the United States Court of Appeals** 1 **for the Second Circuit, held at the Thurgood Marshall United** 2 **States Courthouse, 40 Foley Square, in the City of New York,** 3 **on the 26 th** **day of March, two thousand thirteen.** 4 5 **PRESENT:** 6 **DENNIS JACOBS,** 7 Chief Judge **,** 8 **JOSÉ A. CABRANES,** 9 **CHESTER J. STRAUB,** 10 Circuit Judges. 11

**_____________________________________** 12 13 **Lori S. Travers,** 14 15 Plaintiff-Appellant **,** 16 17 **v. 12-827** 18 19 **Commissioner of Social Security,** 20 21 Defendant-Appellee
**.** 22

**_____________________________________** 23 24 **FOR PLAINTIFF-APPELLANT:** Lori S. Travers, pro se
, 25 New York, New York. 26 27**FOR DEFENDANT-APPELLEE** : Susan C. Branagan, Sarah S. 1 Normand, Assistant United 2 States Attorneys, for Preet 3 Bharara, United States 4 Attorney for the Southern 5 District of New York, New 6 York, New York. 7 8 Appeal from the order of the United States District 9 Court for the Southern District of New York (Gardephe, J. ). 10 11 **UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,** 12 **AND DECREED** that the order of the district court is 13 **AFFIRMED**

. 14 15 Lori S. Travers appeals the district court’s order 16 denying her preliminary injunctive relief in her action 17 seeking review of the denial of disability benefits. We 18 assume the parties’ familiarity with the underlying facts, 19 the procedural history of the case, and the issues on 20 appeal. 21 22 As an initial matter, we lack jurisdiction to review 23 the magistrate judge’s November 2011 report and 24 recommendation (recommending that the district court grant 25 the Commissioner judgment on the pleadings) because the 26 district court has yet to pass on that report and 27 recommendation and enter a final order. LoSacco v. City of 28 Middletown , 71 F.3d 88, 91-92 (2d Cir. 1995). 29 30 We review the denial of a motion for a preliminary 31 injunction for abuse of discretion. Malletier v. Burlington 32 Coat Factory Warehouse Corp. , 426 F.3d 532, 537 (2d Cir. 33 2005). The district court did not abuse its discretion in 34 denying injunctive relief based upon its conclusion that 35 Travers had not demonstrated a likelihood of success on the 36 merits. 37 38 Finding no merit in Travers’s remaining arguments, we 39 **AFFIRM**the order of the district court. 40 41 FOR THE COURT: 42 Catherine O’Hagan Wolfe, Clerk 43

2
----

----

| 1.  | The Quarterly Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and |
|----------|------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2.    | The information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the LP. |
|----------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date: November 9, 2010                                                                    |   |   |
|------------------------------------------------------------------------------------------------|--------|--------|
|                                                                                           |   |   |
| /s/ Anthony J. Branca                                                                          |   |   |
| Anthony J. Branca                                                                              |   |   |
| Chief Financial OfficerICON Capital Corp.General Partner of ICON Income Fund Eight B L.P. |
[Federal Register Volume 73, Number 89 (Wednesday, May 7, 2008)]
[Notices]
[Page 25705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10122]


-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION


Ocean Transportation Intermediary License; Correction

    In the Federal Register Notice published April 23, 2008 (73 FR 
21953), the reference to Amobeige Shipping Corp. is corrected to read: 
``Amobelge Shipping Corp.''

    Dated: May 2, 2008.
Karen V. Gregory,
Assistant Secretary.
 [FR Doc. E8-10122 Filed 5-6-08; 8:45 am]
BILLING CODE 6730-01-P
# Map            Middle East oil and gas.
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen

Kurtis T. Wilder,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 October 3, 2017

a0925

Order 

Clerk

October 3, 2017

153696

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 153696

COA: 325449

Gratiot CC: 14-007061-FH

DAVID ALLEN SNYDER,

Defendant-Appellant.

_____________________________________/

On order of the Court, the application for leave to appeal the February 18, 2016 

judgment of the Court of Appeals is considered and, it appearing to this Court that the 

case of People v Temelkoski (Docket No. 150643) is pending on appeal before this Court 

and that the decision in that case may resolve an issue raised in the present application for 

leave to appeal, we ORDER that the application be held in ABEYANCE pending the 

decision in that case.
#### In re the ESTATE of Lula Jane PORTER, Deceased. Sterrol PORTER, Appellant, v. David NETTLES et al., Appellees.

No. 76-1286.

District Court of Appeal of Florida, Third District.

June 14, 1977.

Rosenkrantz & Sutton and John R. Sutton, Theodore M. Trushin, Miami Beach, for appellant.

Heimberg & Lumer and Joel V. Lumer, Coral Gables, Richard A. Marshall, Jr., Homestead, Florida Rural Legal Service, William W. Doar, Jr., Georgetown, S. C., for appellees.

Before BARKDULL, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

Affirmed. *Pennoyer*v. *Neff,*95 U.S. 714, 24 L.Ed. 565 (1878); *Parish Mortgage Corporation v. Davis,*251 So.2d 342 (Fla. 3d DCA 1971); *Heritage Corporation of South Florida v. Rivas,*289 So.2d 432 (Fla. 3d DCA 1974).
II 

Calendar No. 126 

109TH CONGRESS 

1ST SESSION S. 1181 

To ensure an open and deliberate process in Congress by providing that 

any future legislation to establish a new exemption to section 552 of 

title 5, United States Code (commonly referred to as the Freedom of 

Information Act) be stated explicitly within the text of the bill. 

IN THE SENATE OF THE UNITED STATES 

JUNE 7, 2005 

Mr. CORNYN (for himself, Mr. LEAHY, Mr. FEINGOLD, Mr. ALEXANDER, Mr. 

ISAKSON, and Mr. SPECTER) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

JUNE 13, 2005 

Reported by Mr. SPECTER, without amendment 

A BILL 

To ensure an open and deliberate process in Congress by 

providing that any future legislation to establish a new 

exemption to section 552 of title 5, United States Code 

(commonly referred to as the Freedom of Information 

Act) be stated explicitly within the text of the bill. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

S 1181 RS

1 SECTION 1. SPECIFIC CITATIONS IN EXEMPTIONS. 

2 Section 552(b) of title 5, United States Code, is 

3 amended by striking paragraph (3) and inserting the fol4 lowing: 

5 ‘‘(3) specifically exempted from disclosure by 

6 statute (other than section 552b of this title), pro7 vided that such statute— 

8 ‘‘(A) if enacted after July 1, 2005, specifi9 cally cites to this section; and 

10 ‘‘(B)(i) requires that the matters be with11 held from the public in such a manner as to 

12 leave no discretion on the issue; or 

13 ‘‘(ii) establishes particular criteria for 

14 withholding or refers to particular types of mat15 ters to be withheld;’’. 

Calendar No. 126 

109TH CONGRESS 

1ST SESSION S. 1181 

A BILL 

To ensure an open and deliberate process in Conplicitly within the text of the bill. the Freedom of Information Act) be stated ex- 5, United States Code (commonly referred to as establish a new exemption to section 552 of title gress by providing that any future legislation to 

JUNE 13, 2005 

Reported without amendment
No. 00-6596.

#### Vora *v.*Kovacs et al.

C. A. 3d Cir. Certio-rari denied.
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an dAssociat e Genera l Counse l Unite dAirline s an dContinenta l Airlines , Inc. , Responden t 1 1 W . Wacke r

Drive-16*' ' Floo r Chicago , I L6060 1 TEL : 312-997-806 8 FAX : 312-997-806 8 Tir n DufF , Complainant' s Counse l Attorney , Offic e o f

Regiona l Counsel , ASW-7 . Southwes t

Regio n Federa l Aviatio n Administration . .260 1 Meacha mBlvd . Ft . Worth , T X 76193-000 7 TE L817-222-509 9 FA X 817-222-5945/509 2 Th e Honorabl e Richar dC . Goodwin , Administrativ e La w Judg e U.S . Departmen t

o f Transportatio n Offic e o f Hearings , M-20 , 120 0 Ne w Jerse y Avenue , S.E . Washington , DC2059 0 TEL : Attorney-Adviso r 202

- 366-213 9 Lega l Assistan t

202-366-512 1 FAX : 202-366-753 6

' Service wa

s b y U.S . Mail . Fo

r serx'ice i n perso n o r b y expeditedcourier , use ih

e followin g address : Federa

l Aviatio n Adniinislralion , 60

0 Independence Avenue . S.W. . Wilbu r Wrigh t Building—Suit

e 2W1000 . Washington , D C 20591 ; Atlcntion : Hearin g Docke t Clerk, AGC-430 .
#### LIFE INSURANCE COMPANY OF FLORIDA, a Florida Corporation, Appellant, v. Loran LAWTON, Appellee.

No. 76-1799.

District Court of Appeal of Florida, Third District.

Oct. 11, 1977.

Rehearing Denied Nov. 16, 1977.

Joseph I. Davis, Miami, for appellant.

Horton, Perse & Ginsberg and Arnold R. Ginsberg, Miami, Mark Marks, North Miami, for appellee.

Before PEARSON, HUBBART and KE-HOE, JJ.

PER CURIAM.

Affirmed. *Equitable Life Assurance Society of United States v. Wiggins,*115 Fla. 136, 155 So. 327 (1934).
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1124 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                S. 1124

To postpone by 1 year the date by which countries participating in the 
   visa waiver program shall begin to issue machine-readable tamper-
                       resistant entry passports.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2005

   Mr. Lugar introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To postpone by 1 year the date by which countries participating in the 
   visa waiver program shall begin to issue machine-readable tamper-
                       resistant entry passports.

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

SECTION 1. EXTENSION OF DEADLINE FOR THE ISSUANCE OF MACHINE-READABLE, 
              TAMPER-RESISTANT PASSPORTS.

    Section 303 of the Enhanced Border Security and Visa Entry Reform 
Act of 2002 (8 U.S.C. 1732) is amended by striking ``2005'' each place 
it appears and inserting ``2006''.
                                 <all>
```
EXHIBIT 24.1
                        Consent of Independent Auditors

We consent to the incorporation by reference in:

-  Form S-8 (Registration No. 333-15081) dated October 30, 1996 pertaining to
   Imatron Inc. Stock Bonus Incentive Plan
-  Form S-3 (Registration No. 333-11515) dated September 6, 1996 and related
   Prospectus
-  Form S-8 (Registration No. 333-9989) dated August 12, 1996 pertaining to
   Imatron Inc. 1994 Employee Stock Purchase Plan
-  Form S-3 (Registration No. 333-6749) dated June 25, 1996 and related 
   Prospectus 
-  Form S-3 (Registration No. 333-3529) dated May 10, 1996 and related 
   Prospectus 
-  Form S-3 (Registration No. 333-647) dated February 2, 1996 and related
   Prospectus
-  Form S-3 (Registration No. 333-63123) dated October 2, 1995 and related
   Prospectus
-  Form S-8 (Registration No. 33-61179) dated July 20, 1995 pertaining to 1993
   Stock Option Plan
-  Form S-8 (Registration No. 33-71786) dated November 15, 1993 pertaining to
   1994 Employee Stock Purchase Plan
-  Form S-8 (Registration No. 33-66992) dated August 3, 1993 pertaining to 1993
   Stock Option Plan
-  Form S-8 (Registration No. 33-66952) dated August 3, 1993 pertaining to 1991
   Non-Employee Directors' Stock Option Plan
-  Form S-8 (Registration No. 33-40391) dated May 6, 1991 pertaining to Director
   Stock Option Grant
-  Form S-8 (Registration No. 33-28662) dated May 11, 1989 pertaining to 1983
   Stock Option Plan
-  Form S-8 (Registration No. 33-26833) dated February 3, 1989 pertaining to
   1984 Employee Stock Participation Plan

of our  report  dated  February  14,  1997,  with  respect  to the  consolidated
financial  statements and schedule of Imatron Inc. included in the Annual Report
on Form 10K for the year ended December 31, 1996.


                                                        ERNST & YOUNG LLP

San Francisco, California
March 27, 1997
[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Notices]
[Page 42772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20943]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. ER97-3779-000]


Sierra Pacific Power Company; Notice of Filing

August 4, 1997.
    Take notice that on July 18, 1997, Sierra Pacific Power Company 
(Sierra Pacific), filed revised open-access tariff sheets to clarify 
how constrained import capacity will be allocated among Network 
Customers an Sierra Pacific.
    Sierra Pacific proposes that these revised tariff sheets become 
effective upon Commission approval.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such 
motions or protests must be filed on or before August 15, 1997. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceeding. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 97-20943 Filed 8-7-97; 8:45 am]
BILLING CODE 6717-01-M
**Printable VersionE-mail this page   National ProgramsInternational ProgramsFind Research ProjectsThe Research EnterpriseOffice of Scientific Quality ReviewResearch Initiatives UBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" "http://www.w3.org/TR/html4/loose.dtd">		You are here: 						Research / 																				**Research Project:**Functional Genomics of Boophilus Microplus Interactions with Anaplasma Marginale**2005 Annual Report**
**4d.Progress report.**													This report serves to document research conducted under a reimbursable cooperative agreement between ARS and Washington State University resulting from a CSREES grant jointly awarded to ARS and WSU scientists.  Additional details of research can be found in the report for the parent project, 6205-32000-026-00D, Molecular Biology of Boophilus microplus.
The long term objective is an enhanced understanding of the B. microplus-pathogen interaction and the identification of specific pathways that are regulated at the time when pathogen infectivity develops and transmission occurs.  We propose to develop integrated pathogen-tick vector microarrays and use them to identify networks of pathogen-tick vector gene expression profiles during the development of Anaplasma marginale infectivity within B. microplus.
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```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2339 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2339

      To suspend temporarily the duty on certain clock movements.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               April 24 (legislative day, April 23), 2012

   Mr. Levin introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
      To suspend temporarily the duty on certain clock movements.

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

SECTION 1. CERTAIN CLOCK MOVEMENTS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.01.00       Mechanical clock    Free         No change        No change        On or before 12/ ''.
                          movements                                                          31/2015.......
                          (provided for in
                          subheading
                          9109.90.60) for
                          the production of
                          grandfather
                          clocks, wall
                          clocks, and
                          mantel clocks....

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
* Pursuant to 5 T H 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. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 99-50936

_____________________

LANSDALE AUTOMOTIVE, INC.;
JAY ALAN LANSDALE,

Plaintiffs-Appellants,

versus

WILLIAMSON COUNTY; TEXAS DEPARTMENT OF PUBLIC SAFETY; ED RICHARDS, in his official capacity and individually; JOHN CHANDLER, in his official capacity and individually; MARIO OROZCO, in his official capacity and individually; JOHN C. DOERFLER, in his official capacity and individually,

Defendants-Appellees.

_________________________________________________________________

Appeal from the United States District Court
for the Western District of Texas

(A-99-CV-499-JN)

_________________________________________________________________

June 26, 2000

Before POLITZ, BARKSDALE, and DENNIS, Circuit Judges.

PER CURIAM: *

Having heard oral argument, and based, in addition, upon our

review of the record and the briefs, we conclude that the district

court did not abuse its discretion in denying th e preliminary

injunction at issue. Of course, in so holding, we do not express

an opinion on the merits of this action, including the underlying2

statutory issues.

The order denying preliminary injunctive relief, however, also

contains a sentence stating that Appellants’ application for a

permanent injunction is den ied as “moot”. In the light of the

absence of any explanation for that statement, or any indication in

the record that the parties or district court intended that

resolution of the merits of the requested permanent injunction be

decided at, or based upon, the preliminary injunction hearing, we

are convinced that the district court did not intend to rule on the

merits of such perm anent relief. Accordingly, we regard that

statement as inadvertent or unintended, having n o effect on our

jurisdiction to review the denial of preliminary injunctive relief.

See United States v. Bayshore Associates, Inc.

, 934 F.2d 1391, 1395

(6th Cir. 1991) (treating order appealed as preliminary injunction

where district court “inartfully” characterized order as permanent

injunction).

AFFIRMED
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 Annual Report of Caprius, Inc. (the "Company") on Form
10-KSB for the period ending September 30, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, George Aaron,
President and Chief Executive Officer, certify, pursuant to 18 U.S.C. ss.1350,
as adopted pursuant to ss.906 of the Sarbanes-Oxley Act, 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 result of operations of the Company.


/s/George Aaron
------------------------
George Aaron
President and Chief Executive Officer


February 18, 2004