alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. 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that this opinion should not be published and is not precedent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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-20774

Conference Calendar

 

DAVID MUDGE,

Plaintiff-Appellant,

versus

M. CHANEY, MD, Dr. Texas Technical and

Health Sciences; WAYNE SCOTT, Director,

Texas Department of Criminal Justice,

Institutional Division,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-97-CV-228

- - - - - - - - - -

August 24, 1999

Before KING, Chief Judge, and DAVIS and SMITH, Circuit Judges.

PER CURIAM:*

David Mudge, Texas prisoner #689684, appeals the district

court’s dismissal as frivolous under 28 U.S.C. 

§ 1915(e)(2)(B)(i), of his 42 U.S.C. § 1983 complaint alleging

deliberate indifference to his serious medical needs. 

Mudge’s motions for appointment of counsel and motion for
No. 98-20774

- 2 -

default judgment are DENIED. 

The district court did not abuse its discretion in dismissing Mudge’s complaint

as frivolous. See Norton v. Dimazana, 122 F.3d 286, 291 (5th Cir.

1997). Mudge was seen by several doctors, and he was even

referred to an orthopedic specialist. Thus, whatever

deficiencies there may have been in Mudge’s treatment, if any,

certainly do not rise to the level of establishing deliberate

indifference on the part of the defendants. See Norton, 122 F.3d at

292. 

Mudge’s appeal is without merit and therefore frivolous. 

See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). 

Because the appeal is frivolous, it is DISMISSED. See 5TH CIR. R.

42.2. The district court’s dismissal of the present case and our

dismissal of this appeal count as two strikes against Mudge for

purposes of 28 U.S.C. § 1915(g). We caution Mudge that once he

accumulates three strikes, he may not proceed IFP in any civil

action or appeal filed while he is incarcerated or detained in

any facility unless he is under imminent danger of serious

physical injury. See 28 U.S.C. § 1915(g). 

APPEAL DISMISSED; SANCTION WARNING ISSUED.
From:

Sent: 8/30/2005 9:47:16 AM
To:

Ms. Howard,

Mary Bachynsky is on vacation this week. She asked me to respond to your request for the subject report. There are 4 volumes of this report. I have attached an electronic copy of volume 1 which is a detailed summary and discussion of the work. The electronic copy of volume 1 is in two files (attached) since it is too large to scan into one file with our equipment. I will be happy to send the other 3 volumes of the work which are the appendices to the summary if you think you need the added detail. The other 3 volumes number in the thousands of pages. The complete list of appendices are shown in the index for volume 1 on pages viii to ix. I can scan specific appendices related to your interest if you like, e.g. air quality only. Also, this entire 4 volume set was prepared and submitted to the EPA in 2002, so it should be on file at your organization. If you would like a hard copy sent to you overnight, let me know what volumes you would like to have. Please contact me for the additional information if needed. Thank you.

Richard Krock Technical Director

The Vinyl Institute 1737 King Street Suite 390 Alexandria, VA 22314 Direct: 571.970.3392 Mobile: 571.216.4474 Fax: 571.970.3271 Email: rkrock@vinylinfo.org http://www.vinylinfo.org/ http://www.vinylindesign.com/ -----Original Message----- From: Howard.Jodi@epamail.epa.gov [mailto:Howard.Jodi@epamail.epa.gov] Sent: Tuesday, August 04, 2009 11:11 AM To: mbachynsky@fpcusa.com Subject: PVC Dioxin Report

Ms. Bachynsky,

During our July 23rd meeting and in your June 26, 2008 letter to the EPA, you referenced "The Vinyl Institute Dioxin Characterization Program, Final Report July 1, (2002)." Would you please send me a copy of this report?

Thanks.

************************************************************ Jodi Howard, Environmental Engineer U.S. EPA - Office of Air Quality Planning and Standards Sector Policies and Program Divisions Coatings and Chemicals Group Mail Code: E143-01 Research Triangle Park, NC 27711 Phone: 919-541-4607 Fax: 919-541-0246

____________________________________________________________ This communication is solely for use by the intended recipient and may contain information that is privileged, confidential or copyrighted under applicable law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this communication, in whole or in part, is strictly prohibited. Unless explicitly stated, this communication does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This communication also does not constitute consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties.

(See attached file: VI Dioxin Characterization Stack Emissions July 1 2002 Final Report Vol 1 Ch 1-10.pdf)(See attached file: VI Dioxin Characterization Stack Emissions July 1 2002 Final Report Vol 1 Ch10-13.pdf)
No. 86-835.

#### Thompson Medical Co., Inc. *v.*Federal Trade Commission.

C. A. D. C. Cir. Certiorari denied.
[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Notices]
[Page 4917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01701]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R10-OW-2014-0505; FRL-9922-23-Region-10]


Notice of Status Update on the Proposed Determination for the 
Pebble Deposit Area, Southwest Alaska

AGENCY: Environmental Protection Agency.

ACTION: Notice of status update.

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

SUMMARY: On July 21, 2014, the U.S. Environmental Protection Agency 
(EPA) published in the Federal Register a Notice of Proposed 
Determination, under Section 404(c) of the Clean Water Act, to restrict 
the use of certain waters in the South Fork Koktuli River, North Fork 
Koktuli River, and Upper Talarik Creek watersheds in Southwest Alaska 
as disposal sites for dredged or fill material associated with mining 
the Pebble deposit, a copper-, gold-, and molybdenum-bearing ore body. 
On September 19, 2014, EPA published in the Federal Register a notice 
extending the time period to either withdraw the Proposed Determination 
or to prepare the Recommended Determination until no later than 
February 4, 2015. As part of ongoing litigation brought by the Pebble 
Limited Partnership, on November 25, 2014, a Federal District Court 
Judge issued a preliminary injunction that requires EPA to stop all 
work connected to the 404(c) proceeding, including reviewing and 
considering public comments. EPA is complying with the court's order 
and as such is not taking any steps to withdraw the Proposed 
Determination or to prepare a Recommended Determination while the 
preliminary injunction is in place.

    Dated: January 21, 2015.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2015-01701 Filed 1-28-15; 8:45 am]
BILLING CODE 6560-50-P
HomeNRC LibraryDocument CollectionsNUREG-Series PublicationsPublications Prepared by NRC Contractors

# MELCOR Best Practices as Applied in the State-of-the-Art Reactor Consequence Analyses (SOARCA) Project (NUREG/CR-7008)

On this page:
        - Publication Information
        - Abstract

Download complete document
        - NUREG/CR-7008 (PDF - 3.76 MB)

## Publication Information

**Manuscript Completed:**June 2014**Date Published:**August 2014

**Prepared by:** Kyle Ross*, Jesse Phillips*, Randall O. Gauntt*, Kenneth C. Wagner**

*Sandia National Laboratories Albuquerque, New Mexico 87185 Operated for the U.S. Department of Energy

**dycoda, LLC

Jonathan Barr, NRC Project Manager

**Prepared for:** Office of Nuclear Regulatory Research U.S. Nuclear Regulatory Commission ****Washington, DC 20555-0001

NRC Job Code N6306

Availability Notice

## Abstract

The modeling approach used in the State-of-the-Art Reactor Consequence Analyses (SOARCA) project to characterize the release of radionuclides to the environment accompanying a postulated severe (core damage) accident is based on plant-specific applications of the MELCOR computer code. MELCOR is a state-of-the-art computational model developed by Sandia National Laboratories for the U.S. Nuclear Regulatory Commission. Due to large uncertainties in many aspects of severe accident behavior, MELCOR provides the code user a wide spectrum of options for modeling uncertain physical phenomena and characterizing plant response to beyond design basis accident conditions. The selection and exercise of the available modeling capabilities are an important aspect of the overall modeling approach.

This document describes the specific manner in which MELCOR modeling capabilities were used to represent important, and in some cases uncertain, aspects of severe accident behavior in the SOARCA project. This description includes choices made among alternate modeling ptions offered through code input, changes to selected input parameters from those offered as ‘default’ values, and in some cases, user-generated ‘models’ to represent features of plant response to a severe accident that are not directly available in MELCOR. Collectively, these features represent the "SOARCA best practice" guidance for using MELCOR to calculate severe accident behavior in operating nuclear power plants.

Page Last Reviewed/Updated Wednesday, March 24, 2021
Docket No. OPPT-2004-0113 February 3, 2012

EPA-DuPont MOU

Page 2 of 2 OPPT-2004-0113 PFOA Site-Related Environmental Assessment Program Index Quarterly MOU Status Report #4 Phase III – Future Work Plan

Document/Report Title-Paper Copy No. of Pages*

1 paper copy of the Quarterly MOU Status Report #4 228 pages Phase III - Future Work Plan, DuPont Washington Works (OPPT-2004-0113 PFOA Site-Related Environmental Assessment Program)

Document/Report Title-Electronic Copy No. of Pages

CD 1 of 1 containing the Quarterly MOU Status Report #4, 230 pages

Phase III - Future Work Plan , DuPont Washington Works (OPPT-2004-0113 PFOA Site-Related Environmental Assessment Program) as one PDF file titled, Quarterly MOU SR #4 Phase III – FWP 020312.PDF

* Page count does not include blank pages caused by double-sided printing of the tables.
HomeNRC LibraryDocument CollectionsNUREG-Series PublicationsPublications Prepared by NRC StaffGeneric  Environmental Impact Statement for License Renewal of Nuclear Plants  (NUREG-1437)

# Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Regarding Fermi 2 Nuclear Power Plant – Final Report (NUREG-1437, Supplement 56)

Page Last Reviewed/Updated Thursday, March 25, 2021
HomeNRC LibraryDocument CollectionsNUREG-Series PublicationsPublications Prepared by NRC Staff

# A Proposed Risk Management Regulatory Framework (NUREG-2150)

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        - Publication Information
        - Abstract

Download complete document
        - NUREG-2150 (PDF - 11.02 MB)

## Publication Information

**Manuscript Completed:** April 2012**Date Published:** April 2012

**Prepared by:** Commissioner George Apostolakis, M. Cunningham, C. Lui, G. Pangburn, W. Reckley

U.S. Nuclear Regulatory Commission  Washington, DC 20555-0001

Availability Notice

## Abstract

At the request of Chairman Gregory B. Jaczko, a task force headed by Commissioner George Apostolakis prepared this report. The task force's charter was to develop a strategic vision and options for adopting a more comprehensive, holistic, risk-informed, performance based regulatory approach for reactors, materials, waste, fuel cycle, and transportation that would continue to ensure the safe and secure use of nuclear material. The proposed risk management regulatory framework builds upon well established practices, such as the NRC's defense-in-depth philosophy and its policies to incorporate risk-informed and performance-based approaches into the agency's regulation and oversight of byproduct, source, and special nuclear materials. Risk management is being adopted by many different organizations, including Federal agencies, and would seem to be the logical next step in the evolution of the NRC's regulatory programs. The report describes a proposed risk management regulatory approach that could be used to improve consistency among the NRC's various programs and discusses implementing such a framework for specific program areas.

Page Last Reviewed/Updated Tuesday, March 09, 2021
# L_2014316EN.01000101.xml

| 4.11.2014 | EN | Official Journal of the European Union | L 316/1 |
| --- | --- | --- | --- |

4.11.2014

EN

Official Journal of the European Union

L 316/1

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1173/2014

of 24 October 2014

entering a name in the register of protected designations of origin and protected geographical indications [Salama da sugo (PGI)]

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

| (1) | Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy's application to register the name ‘Salama da sugo’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy's application to register the name ‘Salama da sugo’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, that name should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, that name should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Salama da sugo’ (PGI) is hereby entered in the register.

The name referred to in the first paragraph identifies a product in Class 1.2. Meat products (cooked, salted, smoked, etc.) set out in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 October 2014.

For the Commission,

On behalf of the President,

Dacian CIOLOȘ

Member of the Commission

---

(1)  
  OJ L 343, 14.12.2012, p. 1.

1

(2)  
  OJ C 178, 12.6.2014, p. 38.

2

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).

3

---
#### The People of the State of New York, Respondent, v Leon DeChamps, Appellant.

[631 NYS2d 641]

—Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered July 15,1992, convicting defendant, after a jury trial, of robbery in the second and third degrees, and sentencing him to concurrent terms of 12 years to life and 3 to 6 years, respectively, and order, same court and Justice, entered April 22, 1993, denying defendant’s motion to vacate that judgment pursuant to CPL article 440, unanimously affirmed.

Contrary to defendant’s *pro se*argument, the complainants’ line-up and in-court identifications were properly admitted. The evidence at the *Wade*hearing established that the pretrial identification procedures were not suggestive.

Defendant’s guilt of the two robberies was established beyond a reasonable doubt based upon legally sufficient evidence proving his identity as the perpetrator of each crime *(People v Mosley, 112*AD2d 812, *affd*67 NY2d 985). In addition, contrary to defendant’s argument, the People proved the element of "physical injury” in second degree robbery by the testimony of the victim that defendant punched her in the face, causing the lenses of her sunglasses to shatter, piercing her face and causing excruciating pain for several days *(see, People v Granvy,*
      *486182 AD2d 540, 541, *lv denied*80 NY2d 904). The fact that the witness did not seek medical treatment is not dispositive *(supra).*

Defendant was not deprived of the effective assistance of counsel by trial counsel’s failure to seek a separate trial for each robbery charge. Defendant has failed to establish a color-able basis for severance, nor has he demonstrated that trial counsel lacked a strategic reason for failing to seek a severance *(People v Baldi,*54 NY2d 137). Furthermore, counsel was not ineffective in failing to discover or introduce a prejudicial prison record that might have demonstrated that defendant had tattoos on his arm at the time of the robberies.

Defendant’s *pro se*argument that he was deprived of a fair trial as a result of the prosecutor’s improper summation and other alleged improper conduct during trial is unpreserved and we decline to review in the interest of justice (CPL 470.05 [2]). Were we to review, we would find that contrary to defendant’s appellate arguments, the prosecutor neither vouched for his witnesses, gave unsworn testimony, denigrated defense counsel, misrepresented the evidence, nor appealed to the jury’s prejudices.

The sentence imposed was warranted in light of defendant’s extensive criminal record, including two prior robberies.

Motion *pro se*for reargument deemed to be a motion for clarification, and the motion is granted to the extent of recalling and vacating this Court’s unpublished decision and order (Appeal No. 55192-55193) entered on June 15, 1995 and substituting a new decision and order decided simultaneously herewith. Concur — Rosenberger, J. P., Wallach, Rubin and Mazzarelli, JJ.
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 on Form 10-Q for the quarterly period ended March 31, 2011 of Dutch Gold Resources, Inc., a Nevada corporation (the “Company”), as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Daniel W. Hollis, Chief Executive Officer of the Company certify, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
 
 1. The Report fully complies with the requirements of Section 13(a) or15(d) of the Securities and Exchange Act of 1934, as amended; and
 
 2. The information contained in this Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
 
 Date: May 13, 2011
 
 /s/Daniel W. Hollis
 Name: Daniel W. Hollis
 Title: Chief Executive Officer and Director
 (principal executive officer)
HomeNRC LibraryDocument CollectionsNUREG-Series PublicationsPublications Prepared by NRC Contractors

# MELCOR Validation and Verification: 1986 Papers (NUREG/CR-4830, Revision 3)

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        - Publication Information
        - Abstract

Download complete document
        - NUREG/CR-4830, Revision 3 (PDF - 6.72 MB)

## Publication Information

**Manuscript Completed:**January 1987**Date Published:**March 1987

**Prepared by:** Christi D. Leigh, Editor Safety and Environmental Studies Division 6415 Sandia National Laboratories  P.O. Box 5800 Albuquerque. New Mexico 87185 Operated by Sandia Corporation for the U.S. Department of Energy Under Contract No. DE-AC04-76DP00789

**Prepared for:** Division of Reactor System Safety Office of Nuclear Regulatory Research U.S. Nuclear Regulatory Commission****Washington, DC 20555-0001 

Under Memorandum of Understanding DOE 40-550-75

NRC FIN A-1369

Availability Notice

## Abstract

This report is a compilation of papers that documents the MELCOR validation and verification results obtained during 1986. Results of comparisons to analytic solutions and experiments are included. The major areas tested in these comparisons are the control volume hydrodynamics and thermodynamics, the heat transfer, and the aerosol behavior in MELCOR. A set of nine standard tests is included.

 It is intended that a report of this nature be published annually. The format used for this report follows that of a conference proceeding in that individual papers from various authors are combined into one report. This format was selected in part to encourage participation from MELCOR users outside Sandia. The format also has other advantages. One is that authors of individual papers can be properly credited. Another is that different reviewers can be selected for each test according to their expertise, and the review load can be distributed. Finally, each test report can be prepared, reviewed, and distributed individually before the composite report is published.

Page Last Reviewed/Updated Thursday, March 25, 2021
I 

115TH CONGRESS 

1ST SESSION H. R. 1874 

To amend the Internal Revenue Code of 1986 to increase the age requirement 

with respect to eligibility for qualified ABLE programs. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 4, 2017 

Mr. CA ́RDENAS (for himself, Mrs. MCMORRIS RODGERS, Mr. SESSIONS, Mr. 

SMITH of New Jersey, and Mr. LANGEVIN) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to increase 

the age requirement with respect to eligibility for qualified ABLE programs. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘ABLE Age Adjust5 ment Act’’. 

6 SEC. 2. MODIFICATION OF AGE REQUIREMENT FOR QUALI7 FIED ABLE PROGRAMS. 

8 (a) IN GENERAL.—Section 529A(e) of the Internal 

9 Revenue Code of 1986 is amended by striking ‘‘age 26’’ 


lotter on DSK5VPTVN1PROD with BILLS
2 

•HR 1874 IH

1 each place it appears in paragraphs (1)(A) and 

2 (2)(A)(i)(II) and inserting ‘‘age 46’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to taxable years beginning after 

5 the date of the enactment of this Act. 

Æ 


lotter on DSK5VPTVN1PROD with BILLS
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2022-1684

_____________________________

JESSIE JAMES (DEQUAN)

JOHNSON JR.,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County.

John F. Simon, Jr., Judge.

April 30, 2024

PER CURIAM.

AFFIRMED.

ROBERTS, KELSEY, and WINOKUR, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Jessica J. Yeary, Public Defender, and Joel Arnold, Assistant 

Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Directory Assistants, Inc., * From the 35th District

 Court of Brown County,

 Trial Court No. CV0907226.

Vs. No. 11-14-00232-CV * December 31, 2014

Big Country Vein Relief, L.P., * Per Curiam Memorandum Opinion

 (Panel consists of: Wright, C.J.,

 Willson, J., and Bailey, J.)

 This court has considered Directory Assistants, Inc.’s unopposed motion to

dismiss the appeal and concludes that the motion should be granted. Therefore, 

in accordance with this court’s opinion, the appeal is dismissed. The costs 

incurred by reason of this appeal are taxed against the party incurring same.