alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Argued and submitted March 16,

affirmed April 19, 2017

#### Scott V. MORELLI, *Petitioner, v.*ARGONAUT INSURANCE COMPANY and Tektronix Inc., *Respondents.*

Workers’ Compensation Division

14043H; A160635

395 P3d 650

Julene M. Quinn argued the cause and filed the briefs for petitioner.

Trisha D. Hole argued the cause and filed the brief for respondents.

Before Ortega, Presiding Judge, and Lagesen, Judge, and Wilson, Senior Judge.

*877PER CURIAM

Claimant, who depends on a wheelchair for mobility, appeals a final order of the Director of the Department of Consumer and Business Services that concluded that lawn care services recommended by claimant’s attending physician are not compensable medical services under ORS 656.245(1)(b).1 Claimant’s physician noted that there are adaptations available for people with disabilities to allow them to mow their lawns but did not recommend such adaptations for claimant in order to preserve his shoulder function. Instead, claimant’s physician asked that insurer consider paying for his lawn care. On appeal, claimant contends that lawn care services constitute direct medical services because they serve the purpose of maintaining the functionality of an injured body part and because they prevent further worsening of a compensable condition. Claimant also argues that lawn care services qualify as a prosthetic, because they are a “substitution for a prosthesis [that] he cannot use because of the circumstances of his compensable injuries.”

Consistent with our prior case law, we conclude that lawn care services do not constitute medical or “other related services” within the meaning of ORS 656.245(1)(b), because “they are not of the same kind or class as those services specifically enumerated in the statute.” *See Lorenzen v. SAIF,*79 Or App 751, 752, 719 P2d 1336, *rev den,*301 Or 667 (1986) (concluding that child care services are not compen-sable medical services); *see also Baar v. Fairview Training Center,*139 Or App 196, 205-06, *rev den,*323 Or 690 (1996) (concluding that housekeeping services are not compensable medical services). Further, under the circumstances presented here, we are not persuaded that lawn care services, regardless of whether they are a substitute, constitute a prosthetic under the statute. *But cf. SAIF v. Glubrecht,*156 Or App 339, 348-50, 967 P2d 490 (1998) (concluding that *878structural modifications to the claimant’s home constituted “prosthetic appliances, braces and supports” because they were “an extension of the wheelchair itself, without which the wheelchair could not serve as the tool it is intended to serve”).

Affirmed.

1

 ORS 656.245(1)(b) provides, in part:

> “Compensable medical services shall include medical, surgical, hospital, nursing, ambulances and other related services, and drugs, medicine, crutches and prosthetic appliances, braces and supports and where necessary, physical restorative services.”
#### UNITED STATES of America, Plaintiff-Appellee, v. Gregory Jason COLLEY, a/k/a Jason Gregory Colley, Defendant-Appellant.

No. 17-7383

United States Court of Appeals, Fourth Circuit.

Submitted: March 6, 2018

Decided: March 13, 2018

Gregory Jason Colley, Appellant Pro Se. Tobias Douglas Tobler, Assistant United *278States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Before NIEMEYER, TRAXLER, and KING, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Gregory Jason Colley seeks to appeal the district court’s orders dismissing his 28 U.S.C. § 2256 (2012) motion, denying his motions to amend his § 2255 motion, and denying his Fed. R. Civ. P. 59(e) motion.1 The orders are not appealable unless a circuit justice or judge issues a certifícate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Colley has not made the requisite showing.2 Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*DISMISSED*

1

. The district court’s order dismissing Col-ley's § 2255 motion was filed on March 24, 2017, but the district court clerk entered the order on the docket on March 27, 2017. *See*Fed. R. Civ. P. 59(c)(2) (stating that judgment is considered entered when judgment is entered on docket). Colley filed his motion for reconsideration on April 24, 2017, within 28 days of the entry of judgment. *See Houston v. Lack,*487 U.S. 266, 276, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). Consequently, Colley’s motion should have been construed as a Rule 59(e) motion rather than a Fed. R. Civ. P. 60(b) motion. *See Robinson v. Wix Filtration Corp. LLC,*599 F.3d 403, 412 (4th Cir. 2010).

2

. Although Colley’s notice of appeal designates the district court’s orders denying his second motion to amend and his Rule 59(e) motion, his informal brief does not contain any argument related to those orders. Consequently, Colley has forfeited appellate review of those orders. *See*4th Cir. R. 34(b); *Jackson v. Lightsey,*775 F.3d 170, 177 (4th Cir. 2014).
```
[Federal Register Volume 62, Number 46 (Monday, March 10, 1997)]
[Notices]
[Pages 10869-10870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5776]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institute of Environmental Health Sciences; Notice of 
Closed Meeting

    Pursuant to Section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
National Institute of Environmental Health Sciences Special Emphasis 
Panel (SEP) meeting:

    Name of SEP: Conference Grant on Bioavailability and Cleanup.
    Date: March 17, 1997.
    Time: 1:00 p.m.
    Place: National Institute of Environmental Health Sciences, 
Bldg. 1, Rm. 103, Research Triangle Park, NC 27709.
    Contact Person: Mr. David P. Brown, National Institute of 
Environmental Health Sciences, PO Box 12233, Research Triangle Park, 
NC 27709, (919) 541-4964.
    Purpose/Agenda: To review and evaluate grant applications.
    The meeting will be closed in accordance with the provisions set 
forth in secs.

[[Page 10870]]

552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Grant applications and/or 
proposals and the discussions could reveal confidential trade 
secrets or commercial property such as patentable material and 
personal information concerning individuals associated with the 
applications and/or proposals, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.
    This notice is being published less than 15 days prior to the 
above meeting due to the urgent need to meet timing limitations 
imposed by the review and funding cycle.

(Catalog of Federal Domestic Assistance Programs Nos. 93.113, 
Biological Response to Environmental Agents; 93.114, Applied 
Toxicological Research and Testing; 93.115, Biometry and Risk 
Estimation; 93.894, Resource and Manpower Development, National 
Institutes of Health)

    Dated: March 3, 1997.
LaVerne Y. Stringfield,
Committee Management Officer, NIH.
[FR Doc. 97-5776 Filed 3-7-97; 8:45 am]
BILLING CODE 4140-01-M
```
# C_2023083EN.01002501.xml

| 6.3.2023 | EN | Official Journal of the European Union | C 83/25 |
| --- | --- | --- | --- |

6.3.2023

EN

Official Journal of the European Union

C 83/25

---

Order of the President of the General Court of 20 January 2023 — Vleuten Insects and New Generation Nutrition v Commission

(Case T-500/22 R)

(Interim relief - Food safety - Novel foods - Regulation (EU) 2015/2283 - Marketing authorisation for Alphitobius diaperinus larva - Application for suspension of operation of a measure - No urgency)

(2023/C 83/31)

Language of the case: English

Parties

Applicants: Vleuten Insects vof (Hoogeloon, Netherlands), New Generation Nutrition BV (Helvoirt, Netherlands) (represented by: N. Carbonnelle, lawyer)

Defendant: European Commission (represented by: B. Rous Demiri and F. van Schaik, acting as Agents)

Re:

By their application based on Articles 278 and 279 TFEU, the applicants seek suspension of the operation of Commission Implementing Decision C(2022) 3478 final of 2 June 2022 terminating the procedure for authorising the placing on the market of Alphitobius diaperinus larva as a novel food without updating the Union list of novel foods.

Operative part of the order

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

1.

The application for interim relief is dismissed.

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

2.

The costs are reserved.

---
# C_2022303EN.01004901.xml

| 8.8.2022 | EN | Official Journal of the European Union | C 303/49 |
| --- | --- | --- | --- |

8.8.2022

EN

Official Journal of the European Union

C 303/49

---

Order of the President of the General Court of 21 June 2022 — Narzieva v Council

(Case T-238/22 R)

(Interim Relief - Common foreign and security policy - Restrictive measures adopted in respect of Russia’s actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine - Freezing of funds - Application for interim measures - No urgency - Balancing of interests)

(2022/C 303/63)

Language of the case: French

Parties

Applicant: Saodat Narzieva (Tachkent, Uzbekistan) (represented by: J. Grand d’Esnon, lawyer)

Defendant: Council of the European Union (represented by: A. Vitro and B. Driessen, acting as Agents)

Re:

By her application under Articles 278 and 279 TFEU, the applicant seeks, in essence, suspension of operation of, first, two acts by which the criteria for inclusion on the list of persons, entities and bodies subject to restrictive measures on the basis of their involvement in actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine was amended and, second, two acts by which her name was added to that list. Specifically, the applicant seeks, first, the suspension of operation of Council Decision (CFSP) 2022/582 of 8 April 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 110, p. 55), in so far as that act concerns her, of Council Implementing Regulation (EU) 2022/581 of 8 April 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 110, p. 3), in so far as that act concerns her, of Council Decision (CFSP) 2022/329 of 25 February 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 50, p. 1), and of Council Regulation (EU) 2022/330 of 25 February 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 51, p. 1); second, in the alternative, suspension of operation of Decision 2022/581 in so far as that act concerns her, of Article 1(2)(f) and (g) of Decision 2022/329 and of Article 1(1)(f) and (g) of Regulation 2022/330; and, third, that the Council of the European Union be ordered to pay her the sum of EUR 20 000 in respect of the costs which she incurred for defending her interests.

Operative part of the order

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

1.

The application for interim relief is dismissed.

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

2.

The costs are reserved.

---
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he H on orabl e B arbaraL ynn, U . S . D i stri ctJudg e f or the N orthern ** D i s tr i c tof

T e xa s , s i tt i ng byde s i gna t i on.

NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T RA FA ELA G O N ZA LEZ- RI O S, P et i t i on er , v. E R I C H . H O L D E R J r ., A tto rn e y G e n e r a l, R e s p o n d e n t. N o. 05- 76935 A ge nc yN o. A 023- 055- 742 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

a n O r de rof

the B o a r d o f I m m ig r a tio n A p p e a ls A r gue d a nd S ubm i tt e d D e c e m be r9, 2009 S a n F r a n c is c o , C a lif

o rn ia B e f o r e : S C HR OE DE R a n d C AL L AH AN , C i r c u i tJ u d g e s , a n d L YN N, D i stri ct ** Judg e. R a f

a e l aG onz a l e z - R i os i s ana t i ve a nd c i t i z e n of M e xi c o w ho pe t i t i ons f or re vi ew of the B oard of Im m i grat i on A pp ea l s’ (“ B IA ”) deci si on denyi ng her 

# FI LED JAN 07 2 010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS2

ap p lic a tio n f

o raw a iv e ro f

h e rd e p o rtab ilitya s a n a g g r a v a te d f e lo n . See I

N S v . S t. C yr , 53 3 U . S . 28 9, 29 5 (20 01 ) ( ci t i ng the form er8 U . S . C . § 1 18 2(c) ). T he re cord r e f l e c t s s he w a s ne ve rgr a nt e d l a w f ul pe rm a ne ntr e s i de nt( “ L P R ” ) s t a tus , buts he c ont e nds the gove rnm e nts houl d be e s t oppe d f r om de ny i ng tha ts he ha s L P R s t a tus f o rp u rp o s e s o f

d e te rm in in g e lig ib ilityf o rth e w a iv e r . W e h av e ju r is d ic tio n to r e v ie w th e e s to p p e l is s u e s . See R am adan v. G on zales , 47 9 F . 3d 64 6, 64 8 (9th C i r. 2007) ( hol di ng R E A L I D A c tr e s t or e d j ur i s di c t i on ove rm i xe d que s t i ons of l a w a nd f a c t) . O n the m er i t s, ho w ever , G on za l ez -R i os’ es t op pel ar gu m ent s f ai l . S he w as a w a r e a ta l l t i m e s tha tthe gove rnm e ntha d ne ve rgr a nt e d he rappl i c a t i ons f or a dj us tm e ntof

s t a tus a nd tha ts he ha d f a i l e d t o pos tthe bond the gove rnm e nt re qu es t ed i n 1 98 9 i n o rdert o p roce ss her app l i ca t i on ; tra di t i on al equi t abl e e st op pel r e q u ir e m e n ts a r e th e r e f

o r e n o t m e t. Se e Sa lg a do -D ia zv . A s h c r o ft , 395 F . 3d 1158, 11 65 -67 (9th C i r. 20 05 ). S he al so cann otes t abl i sh the af fi rm at i ve m i sc on du ct r e q u ir e d to e s to p th e g o v e rn m e n t. D e la ya lo n e is n o t s u f f ic ie n t, I N S v . Mi r anda , 4 5 9 U .S . 1 4 , 1 8 ( 1 9 8 2 ) ; J a a v . I NS , 779 F . 2d 569, 572 ( 9th C i r . 1986) , a nd s he o f f e r s n o th in g m o r e .3

T he cont ent i on thather par ent s’ st atus shou l d b e i m pu t ed t o h erw as never p r e s e n te d to th e B I A a n d is th e r e f o r e u n e x h au s te d . See 8 U . S . C . § 1 25 2(d)(1); B a rr o n v . A s h c r o

ft , 35 8 F . 3d 67 4, 67 8 (9th C i r. 20 03 ). T h e p et i t i o n fo r rev i ew i s D EN I ED .
[Federal Register Volume 62, Number 50 (Friday, March 14, 1997)]
[Notices]
[Page 12252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6451]


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


NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel in Physics; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting.

    Name: Special Emphasis Panel in Physics (1208).
    Date and time: March 31, 1997 from 8:00AM to 5:00PM.
    Place: Room 1020, NSR 4201 Wilson Blvd., Arlington, VA 22230.
    Type of meeting: Closed.
    Contact person: Dr. C. Denise Caldwell, Program Director, Room 
1015, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 
22230. Telephone: (703) 306-1807; email, <a href="/cdn-cgi/l/email-protection#c5a1a6a4a9a1b2a0a985abb6a3eba2aab3"><span class="__cf_email__" data-cfemail="c5a1a6a4a9a1b2a0a985abb6a3eba2aab3">[email protected]</span></a>
    Purpose of meeting: To provide advise and recommendations 
concerning proposals submitted to NSF for financial support.
    Agenda: to review and evaluate Atomic, Molecular, Optical and 
Plasma Physics Career proposals as part of the selection process for 
awards.
    Reasons for closing: The project plans being reviewed include 
information of a proprietyar or confidential nature, including 
technical information; information on personnel and proprietary data 
for present and future subcontracts. These matters are exempt under 
5 U.S.C. 552b(c) (4) and (6) of the Government in the Sunshine Act.

    Dated: March 10, 1997.
Linda Allen-Benton,
Deputy Director, Division of Human Resource Management, Acting 
Committee Management Officer.
[FR Doc. 97-6451 Filed 3-13-97; 8:45 am]
BILLING CODE 7555-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
[Federal Register Volume 62, Number 49 (Thursday, March 13, 1997)]
[Notices]
[Pages 11941-11942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6370]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice No. 2514]


Advisory Committee on International Communications and 
Information Policy; Public Meeting

    The Department of State is holding the next meeting of its Advisory 
Committee on International Communications and Information Policy. The 
Committee was renewed on August 22, 1996, in order to continue to 
provide a formal channel for regular consultation and coordination on 
major economic, social and legal issues and problems in international 
communications and information policy, especially as these issues and 
problems involve users of information and communication services, 
providers of such services, technology research and development, 
foreign industrial and regulatory policy, the activities of 
international organizations with regard to communications and 
information, and developing country interests.
    The 24-person committee was appointed by Ambassador Vonya B. 
McCann, United States Coordinator for International Communications and 
Information Policy, U.S. Department of State, and serves under the

[[Page 11942]]

Chairmanship of Ed Black, President, Computer & Communications Industry 
Association.
    The purpose of this meeting will be to hear reports from the 
working groups on various issues that chart the future direction and 
work plan of the committee. The members will look at the substantive 
issues on which the committee should focus, as well as specific 
countries and regions of interest to the committee.
    This meeting will be held on Thursday, March 27, 1997, from 9:30 
a.m.-12:30 p.m. in Room 1107 of the Main Building of the U.S. 
Department of State, located at 2201 ``C'' Street, NW., Washington, DC 
20520. While the meeting is open to the public, admittance to the State 
Department Building is only by means of a pre-arranged clearance list. 
Members of the public may attend these meetings up to the seating 
capacity of the room. In order to be placed on the pre-clearance list, 
please provide your name, title, company, social security number, date 
of birth, and citizenship to Shirlett Brewer at (202) 647-5233 or by 
fax at (202) 647-5957. All attendees must use the ``C'' Street 
entrance. One of the following valid ID's will be required for 
admittance: Any U.S. driver's license with photo, a passport, or a U.S. 
Government agency ID.
    For further information, contact Timothy C. Finton, Executive 
Secretary of the committee, at (202) 647-5385.

    Dated: February 27, 1997.
Timothy C. Finton,
Executive Secretary, Advisory Committee for International 
Communications and Information Policy.
[FR Doc. 97-6370 Filed 3-12-97; 8:45 am]
BILLING CODE 4710-45-M
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Order entered February 27, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-12-01096-CR

CHARLES EDWARDS SIELOFF III, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. F10-35795-P

ORDER

Appellant’s February 11, 2013 motion to supplement the clerk’s record is GRANTED.

We ORDER the Dallas County District Clerk to file, within FIFTEEN days of the date 

of this order, a supplemental clerk’s record containing a copy of the presentence report prepared 

for this case.

 We DIRECT the Clerk of this Court to send copies of this order, by electronic 

transmission, to the following:

Dallas County District Clerk Gary Fitzsimmons

The Dallas County District Clerk, Criminal Records Division

Counsel for all parties

/s/ LANA MYERS 

JUSTICE