alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Steven KINFORD, Plaintiff-Appellant, v. James PINCOCK; et al., Defendants-Appellees.

No. 16-16331

United States Court of Appeals, Ninth Circuit.

Submitted February 13, 2018 *

Filed February 23, 2018

Steven Kinford, Pro Se

Alice Campos Mercado, Lemons, Grundy *&*Eisenberg, Reno, NV, for Defendant-Appellee

Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.

*

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

MEMORANDUM **

Nevada state prisoner Steven Kinford appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state claims relating to his medical treatment. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Fed. R. Civ. P. 12(b)(6). *Serra v. Lappin,*600 F.3d 1191, 1195 (9th Cir. 2010). We affirm.

The district court properly dismissed Kinford’s medical deliberate indifference *655claim and medical malpractice claim because they were barred by the statute of limitations. *See*NRS 11.190(4)(e); *Rosales-Martinez v. Palmer,*753 F.3d 890, 895 (9th Cir. 2014) (explaining that forum state’s personal injury statute of limitations applies to § 1983 claims and Nevada’s relevant statute of limitations is two years); *Libby v. Eighth Judicial Dist. Court,*130 Nev. Adv. Op. 39, 325 P.3d 1276, 1279-80 (2014) (Nevada law “requires a plaintiff to satisfy both the one-year discovery rule and the three-year limitations period” for medical malpractice claims under NRS 41A.097(2)).

The district court did not abuse its discretion by dismissing Kinford’s complaint without leave to amend because amendment would be futile. *See Cervantes v. Countrywide Home Loans, Inc.,*656 F.3d 1034, 1041 (9th Cir. 2011) (setting forth standard of review and explaining that dismissal without leave to amend is proper when amendment would be futile).

The district court did not abuse its discretion in denying Kinford’s motions to appoint counsel because Kinford did not demonstrate exceptional circumstances. *See Terrell v. Brewer,*935 F.2d 1015, 1017 (9th Cir. 1991) (setting forth standard of review and requirements for appointment of counsel).

We do not consider matters not specifically and distinctly raised and argued in the opening briefs, or arguments and allegations raised for the first time on appeal. *See Padgett v. Wright,*587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
# C_2023252EN.01001201.xml

| 17.7.2023 | EN | Official Journal of the European Union | C 252/12 |
| --- | --- | --- | --- |

17.7.2023

EN

Official Journal of the European Union

C 252/12

---

Order of the Court (Tenth Chamber) of 1 March 2023 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Edison Next SpA, formerly Fenice — Qualità per l’ambiente SpA v Ministero della Transizione Ecologica (formerly Ministero dell’Ambiente e della Tutela del Territorio e del Mare), Ministero dello Sviluppo Economico, Comitato nazionale per la gestione della Direttiva 2003/87/CE e per il supporto nella gestione delle attività di progetto del protocollo di Kyoto

(Case C-92/22, (1) Edison Next)

(Reference for a preliminary ruling - Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice - Requirements to set out the factual context of the dispute in the main proceedings and the reasons justifying the need for an answer from the Court to the questions referred for a preliminary ruling - Lack of sufficient information - Manifest inadmissibility)

(2023/C 252/12)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings

Applicant: Edison Next SpA, formerly Fenice — Qualità per l’ambiente SpA

Defendants: Ministero della Transizione Ecologica (formerly Ministero dell’Ambiente e della Tutela del Territorio e del Mare), Ministero dello Sviluppo Economico, Comitato nazionale per la gestione della Direttiva 2003/87/CE e per il supporto nella gestione delle attività di progetto del protocollo di Kyoto

Other parties: Hera SpA, Iveco SpA, FPT Industrial SpA

Operative part of the order

The request for a preliminary ruling made by the Tribunale amministrativo regionale per il Lazio (Regional Administrative Court, Lazio, Italy) by decision of 25 January 2022 is manifestly inadmissible.

---

(1)  OJ C 191, 10.5.2022.

---
-82 -80 -78 -76 -74

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★

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▲

▲

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18 12 06 00

06/21

NOAA HYSPLIT MODEL

 Backward trajectory ending at 2300 UTC 21 Jun 06

 EDAS Meteorological Data

Source

★ at 38.86 N 77.06 W Meters AGL
# C_2023094EN.01002401.xml

| 13.3.2023 | EN | Official Journal of the European Union | C 94/24 |
| --- | --- | --- | --- |

13.3.2023

EN

Official Journal of the European Union

C 94/24

---

Appeal brought on 23 Decemer 2022 by Trebor Robert Bilkiewicz against the judgment of the General Court (Fifth Chamber) delivered on 26 October 2022 in Case T-273/21, The Bazooka Companies v EUIPO

(Case C-783/22 P)

(2023/C 94/27)

Language of the case: English

Parties

Appellant: Trebor Robert Bilkiewicz (represented by: P. Ratnicki-Kiczka, adwokat)

Other parties to the proceedings: European Union Intellectual Property Office, The Bazooka Companies, Inc.

By order of 2 February 2023, the Court of Justice (Chamber determining whether appeals may proceed) held that the appeal was not allowed to proceed and that the Appellant should bear his own costs.

---
<PAGE>
 

  [LETTERHEAD FOR CHAFFE & ASSOCIATES, INC. INVESTMENT BANKERS APPEARS HERE]

                                                                    EXHIBIT 23.3

                     CONSENT OF CHAFFE & ASSOCIATES, INC.


        We hereby consent to the use of our opinion dated January 21, 1997, and 
to all references to our firm included in the Registration Statement of Form S-4
of Pontotoc BancShares Corp. In giving such consent, we do not thereby admit
that we come within the category of persons whose consent is required under
Section 7 of the Securities Act of 1933 or the rules and regulations of the
Securities and Exchange Commission thereunder.



                                                CHAFFE & ASSOCIATES, INC.

                                        By:  /s/ SHERWOOD G. BRIGGS
                                            ------------------------------
                                            Sherwood G. Briggs
                                            Vice President

New Orleans, Louisiana
April 24, 1997


220 CAMP STREET . NEW ORLEANS, LOUISIANA 70130. (504)524-1801 . FAX (504) 
524-7194
January 6, 1998



Mr. Robert C. Murray
Riverview Road
Irvington, NY  10533

Dear Mr. Murray:

                  In recognition of your present  responsibilities  as Executive
Vice  President - Finance of Public  Service  Electric  and Gas Company and Vice
President  and Chief  Financial  Officer  of  Public  Service  Enterprise  Group
Incorporated,  Paragraph 7 of your employment  agreement dated December 17, 1991
is amended to read as follows:

                  7. You shall be granted credited service,  in addition to that
         earned as a result of your  employment  by PSE&G,  for the  purpose  of
         determining  the amount (but not the  vesting) of any pension  benefits
         from PSE&G in accordance with the following schedule:

                                                            Additional Years of
         Date of Termination of Employment                    Credited Service
         ---------------------------------                    ----------------

         On or after DOE plus 5 years and                              5
            prior to DOE plus 6 years

         On or after DOE plus 6 years and                              7
            prior to DOE plus 7 years

         On or after DOE plus 7 years and                              9
            prior to DOE plus 8 years

         On or after DOE plus 8 years and                              11
            prior to November 10, 2000

         On or after November 10, 2000                                 17

The additional  credited  service shown in the table above is not cumulative but
is applied  from the table  depending  upon when you retire.  The above  service
credit of 17 years, coupled with your actual service at your 55th birthday (8.85
years),  would  permit you to retire at that time  without  having your  pension
reduced for early  retirement.  The above credited  service is additional to the
current  policy  of the  Board of  Directors  to  credit  5 years of  additional
credited service to officers who retire between age 60 and age 65 1/2.

                  Please sign and return to me the enclosed  copy of this letter
to signify your agreement with this change.

                                     Sincerely,

                                     E. JAMES FERLAND
                                     ----------------
                                     E. James Ferland
                                     Chairman of the Board,
                                     President and Chief Executive Officer



Agreed to this 6th day of January, 1998.


ROBERT C. MURRAY
----------------
Robert C. Murray





x:res\murray.doc
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7258

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ROBERT JEFFERY BALDWIN, Defendant - Appellant.Appeal from the United States District Court for the Middle District of North Carolina, at Salisbury. N. Carlton Tilley, Jr., Chief District Judge. (CR-89-238, CA-98-363-1) Submitted: November 18, 1999 Decided: November 24, 1999 Before WILKINS, HAMILTON, and LUTTIG, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Jeffery Baldwin, Appellant Pro Se. Benjamin H. White, Jr., Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Robert Jeffery Baldwin seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.1999). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and findno reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See United States v. Baldwin , Nos. CR-89-238; CA-98-363-1 (M.D.N.C. Aug. 3, 1999). We dispense with oral argument becausethe facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
[Federal Register Volume 62, Number 47 (Tuesday, March 11, 1997)]
[Notices]
[Page 11219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5886]


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

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs


Indian Gaming

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of amendment to approved Tribal-State Compact.

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

SUMMARY: Pursuant to Section 11 of the Indian Gaming Regulatory Act, 25 
U.S.C. Sec. 2710, the Secretary of the Interior shall publish, in the 
Federal Register, notice of approved Compacts for the purpose of 
engaging in Class III (casino) gaming on Indian reservations. The 
Assistant Secretary--Indian Affairs, Department of the Interior, 
through her delegated authority, has approved the Amended and Restated 
Compact for Regulation of Class III gaming between the Confederated 
Tribes of the Grand Ronde Community of Oregon and the State of Oregon 
which was executed on January 10, 1997.

DATES: This action is effective March 11, 1997.

FOR FURTHER INFORMATION CONTACT: George T. Skibine, Director, Indian 
Gaming Management Staff, Bureau of Indian Affairs, Washington, D.C. 
20240, (202) 219-4068.

    Dated: February 26, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-5886 Filed 3-10-97; 8:45 am]
BILLING CODE 4310-02-P
# Reports

- Raise the Bar Policy Brief: Eliminating Educator Shortages through Increased Compensation, High-Quality and Affordable Educator Preparation and Teacher LeadershipJuly 2023
No. 12-5260 (12A55).

#### Hearn *v.*Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

C. A. 5th Cir. Application for stay of execution of sentence of death, presented to Justice Scalia, and by him referred to the Court, denied. Certiorari denied.
[Federal Register Volume 62, Number 45 (Friday, March 7, 1997)]
[Notices]
[Page 10588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5845]


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


PAROLE COMMISSION

Sunshine Act Meeting

Public Announcement
Pursuant To The Government In the Sunshine Act (Public Law 94-409) [5 
U.S.C. Section 552b]
AGENCY HOLDING MEETING: Department of Justice, United States Parole 
Commission.

TIME AND DATE: 1:30 p.m., Tuesday, March 11, 1997.

PLACE: 5550 Friendship Boulevard, Suite 400, Chevy Chase, Maryland 
20815.

STATUS: Open.

MATTER TO BE CONSIDERED: The following matters have been placed on the 
agenda for the open Parole Commission meeting:
    1. Approval of minutes of previous Commission meeting.
    2. Reports from the Chairman, Commissioners, Legal, Chief of Staff, 
Case Operations, and Administrative Sections.
    3. Discussion of Refinement of Item G of the Salient Factor Score.
    4. Proposed Continuation of Expedited Revocation Project.
    5. Consideration Of a Final Rule for Transfer Treaty Prisoners Who 
are Released Too Soon After Transfer For the Commission to Conduct a 
Hearing.
    6. Revision of the Commission's Special Procedures For Special 
Parole Terms to Include Cases in the Fourth Judicial Circuit.

AGENCY CONTACT: Tom Kowalski, Case Operations, United States Parole 
Commission, (301) 492-5962.

    Dated: March 4, 1997.
Michael A. Stover,
General Counsel, U.S. Parole Commission.
[FR Doc. 97-5845 Filed 3-5-97; 1:15 pm]
BILLING CODE 4410-01-M
No. 11-10411.

#### Foye *v.*Southeastern Pennsylvania Transportation Authority et al.

Comraw. Ct. Pa. Certio-rari denied.
#### COM. v. BROWN, T.

72 EDA 2017

Superior Court of Pennsylvania.

09/21/2017

Reargument Denied 11/22/2017

CP-23-CR-0003491-2001

(Delaware)

Affirmed
Submitted October 28, 2015,

affirmed December 14, 2016,

petition for review denied March 23, 2017 (361 Or 240)

#### STATE OF OREGON, *Plaintiff-Respondent, v.*DONNA MARIE PATTON, *Defendant-Appellant.*

Klamath County Circuit Court

1200459CR; A156370

385 P3d 88

Peter Gartlan, Chief Defender, and Kyle Krohn, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, filed the brief for respondent.

Before Duncan, Presiding Judge, and DeVore, Judge, and Flynn, Judge.

PER CURIAM

Affirmed. *State v. Silsby,*282 Or App 104, 113, 386 P3d 172 (2016).
# Fourth Court of Appeals San Antonio, Texas

February 6, 2014

N o. 04

- 13

- 00420

- CV

TIME WARNER, INC. and Time Warner Cable, LLC,

Appellant s

v.

Dulio GONZALEZ, Appellee

From the 166th Judicial District Court, Bexar County, Texas

Trial Court No. 2011

- CI

- 06770 Honorable John D. Gabriel, Jr., Judge Presiding



### O R D E R

Appellee’s brief was originally due on January 2 , 201 4

. See T EX

. R. A PP

. P. 38.6(b). This court granted Appellee ’ s first motion for extension of time to file the brief until February 3,
2014 , for an extension of thirty days. On February 3, 2014

, Appellee filed a second motion for
extension of time to file the brief until February 11 , 201 4 , for a total extension of forty days.

Appellee ’ s motion for extension of time is GRANTED. Appellee ’ s brief must be filed
with this court by Febru ary 11, 201 4

. See id.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of February, 20 14

.

___________________________________ Keith E. Hottle Clerk of Court
No. 11-10680.

#### Humphrey *v.*Florida Department of Corrections.

C. A. 11th Cir. Certiorari denied.
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# Statement from U.S. Secretary of Education Miguel Cardona on New Nation’s Report Card on History and Civics Education

# Statement from U.S. Secretary of Education Miguel Cardona on New Nation’s Report Card on History and Civics Education

May 3, 2023

**Contact:  **press@ed.gov

                                    -        
U.S. Secretary of Education Miguel Cardona issued the following statement on the latest Nation’s Report card showing a decline in history and civics scores for eighth graders:

“The latest data from the National Assessment of Educational Progress further affirms the profound impact the pandemic had on student learning in subjects beyond math and reading. It tells us that now is not the time for politicians to try to extract double-digit cuts to education funding, nor is it the time to limit what students learn in U.S. history and civics classes. We need to provide every student with rich opportunities to learn about America’s history and understand the U.S. Constitution and how our system of government works. Banning history books and censoring educators from teaching these important subjects does our students a disservice and will move America in the wrong direction.”
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# Georgia 

# Georgia 

                      -  July 22, 2021  U.S. Department of Education Approves Georgia’s Plan for Use of American Rescue Plan Funds to Support K-12 Schools and Students, Distributes Remaining $1.4 Billion To State  
Today, the U.S.  Department of Education (Department) announced the approval of Georgia’s  American Rescue Plan Elementary and Secondary School Emergency Relief (ARP  ESSER) plan and distributed remaining ARP ESSER funds to them.
  **Tags:**GeorgiaAmerican Rescue PlanPress Releases

## How Do I Find...?

                      - Student loans, forgiveness
                      - Higher Education Rulemaking
                      - College accreditation
                      - Every Student Succeeds Act (ESSA)
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                      - 1098, tax forms
                      - More...

## Information About...

                      - Elevating Teaching
                      - Early Learning
                      - Engage Every Student
                      - Unlocking Career Success
                      - Cybersecurity

----

*Our mission* is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access.

          - Student Loans
          - Repaying Loans
          - Defaulted Loans
          - Loan Forgiveness
          - Loan Servicers
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          - Apply for Pell Grants
          - Grants Forecast
          - Apply for a Grant

          - Laws & Guidance
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          - FERPA
          - Civil Rights
          - IDEA Website
          - Data & Research
          - Education Statistics
          - Postsecondary Education Data
          - ED Data Express
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          - What Works Clearinghouse
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          - About Us
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          - Budget, Performance
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          - Homeroom Blog

----

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          - Privacy Policy
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          - Security
          - Information Quality
          - Inspector General
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          - USA.gov
          - Benefits.gov
          - Regulations.gov