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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2726 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 2726

 To amend title 49, United States Code, to prohibit smoking on Amtrak 
                                trains.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2019

  Ms. Norton introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
 To amend title 49, United States Code, to prohibit smoking on Amtrak 
                                trains.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Banning Smoking on Amtrak Act of 
2019''.

SEC. 2. PROHIBITION ON SMOKING ON AMTRAK TRAINS.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24323. Prohibition on smoking on Amtrak trains
    ``(a) Prohibition.--Beginning on the date of enactment of the 
Banning Smoking on Amtrak Act of 2019, Amtrak shall prohibit smoking on 
board Amtrak trains.
    ``(b) Electronic Cigarettes.--
            ``(1) Inclusion.--The use of an electronic cigarette shall 
        be treated as smoking for purposes of this section.
            ``(2) Electronic cigarette defined.--In this section, the 
        term `electronic cigarette' means a device that delivers 
        nicotine or other substances to a user of the device in the 
        form of a vapor that is inhaled to simulate the experience of 
        smoking.''.
    (b) Conforming Amendment.--The table of sections for chapter 243 of 
title 49, United States Code, is amended by adding at the end the 
following:

``24323. Prohibition on smoking on Amtrak trains.''.
                                 <all>
```
# C_2016305EN.01002701.xml

| 22.8.2016 | EN | Official Journal of the European Union | C 305/27 |
| --- | --- | --- | --- |

22.8.2016

EN

Official Journal of the European Union

C 305/27

---

Judgment of the General Court of 30 June 2016 — Al Matri v Council

(Case T-545/13) (1)

1

((Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in Tunisia - Measures taken against persons responsible for misappropriation of public funds and associated persons and entities - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Inclusion of the applicant’s name - Inadequate factual basis - Error of fact - Error of law - Right to property - Freedom to conduct a business - Proportionality - Rights of defence - Right to effective judicial protection - Obligation to state reasons))

(2016/C 305/36)

Language of the case: English

Parties

Parties

Applicant: Fahed Mohamed Sakher Al Matri (Doha, Qatar) (represented by: M. Lester and B. Kennelly, Barristers, and G. Martin, Solicitor,)

Applicant:

Defendant: Council of the European Union (represented by: M. Bishop and I. Gurov, Agents)

Defendant:

Re:

Re:

Application for annulment, first, of Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 28, p. 62), implemented by Council Implementing Decision 2013/409/CFSP of 30 July 2013 (OJ 2013 L 204, p. 52), by Council Decision 2014/49/CFSP of 30 January 2014 (OJ 2014 L 28, p. 38) and by Council Decision (CFSP) 2015/157 of 30 January 2015 (OJ 2015 L 26, p. 29), and, secondly, of Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2011 L 31, p. 1), implemented by Council Implementing Regulation (EU) No 735/2013 of 30 July 2013 (OJ 2013 L 204, p. 23), by Council Implementing Regulation (EU) No 81/2014 of 30 January 2014 (OJ 2014 L 28, p. 2) and by Council Implementing Regulation (EU) No 147/2015 of 30 January 2015 (OJ 2015 L 26, p. 3), in so far as those acts apply to the applicant.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Mr Fahed Mohamed Sakher Al Matri to bear his own costs and to pay those incurred by the Council of the European Union. |
| --- | --- |

2.

Orders Mr Fahed Mohamed Sakher Al Matri to bear his own costs and to pay those incurred by the Council of the European Union.

---

(1)  OJ C 359, 7.12.2013.

1

---
J.

J. 34.738(1). Therefore, the district court did not err in dismissing this claim without prejudice.

Second, appellant claimed that counsel was ineffective for failing to file an appeal on his behalf despite being requested to do so. We conclude that the district court erred in denying the petition without conducting an evidentiary hearing on the appeal-deprivation claim. Counsel has a duty to file a notice of appeal when requested to do so and prejudice may be presumed. Toston v. State, 127 Nev. „ 267 P.3d 795, 799-801 (2011). Because appellant's claim, which was not belied by the record, would have entitled him to relief if true, Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984), the district court should have held an evidentiary hearing on this claim. Accordingly, we

ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order.

cc: Hon. Elissa F. Cadish, District Judge Charles Davis Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT

OF NEVADA
(0) 1947A 2 ffg !MUM NUMMI§ .11

- 47,

- 171W1PA W4MIERfatt0271 7 " 1 : 1 ,, -
#### Rhonda A. Caldwell, Respondent, v Arlene J. Malone et al., as Executors of Carl Block, Deceased, Appellants.

[770 NYS2d 228]

— Appeal from an order of Supreme Court, Erie County (Mahoney, J.), entered September 26, 2002, which granted plaintiff’s motion for leave to renew and reargue defendants’ motion for summary judgment dismissing the complaint and, upon renewal/reargument, denied defendants’ motion.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting defendants’ motion and dismissing the complaint and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries that she allegedly sustained when the vehicle that she was driving was struck by a vehicle driven by defendants’ decedent as he was backing out of his driveway. Supreme Court initially granted defendants’ motion for summary judgment dismissing the complaint. In granting the motion, the court determined that defendants established as a matter of law *1379that plaintiff did not sustain a serious injury within the meaning of the three categories of serious injury alleged, i.e., permanent consequential limitation of use of a body organ or member, significant limitation of use of a body function or system, and an injury pursuant to the 90/180 category *(see*Insurance Law § 5102 [d]), and plaintiff failed to raise an issue of fact. However, the court thereafter granted plaintiffs motion for leave to renew and reargue and, upon renewal/reargument, denied defendants’ motion. Defendants now appeal.

We note at the outset that, contrary to defendants’ contention, it was well within the court’s discretion to grant plaintiffs motion for leave to renew and reargue *(see Tishman Constr. Corp. of N.Y. v City of New York,*280 AD2d 374, 376-377 [2001]; *Dixon v New York Cent. Mut. Fire Ins. Co.,*265 AD2d 914 [1999]). Nevertheless, we conclude that the court erred in denying defendants’ motion upon renewal/reargument. In initially granting defendants’ motion, the court properly determined that there was no objective medical evidence in the record that plaintiff sustained a serious injury within any of the categories alleged *(see generally Toure v Avis Rent A Car Sys.,*98 NY2d 345, 350 [2002]) and, upon renewal/reargument, plaintiff did not provide the requisite objective medical evidence. We therefore modify the order by granting defendants’ motion and dismissing the complaint. Present—Pigott, Jr., P.J., Hurlbutt, Scudder, Kehoe and Gorski, JJ.
Chemical Report 

Generated: Tuesday, March 18, 2014 8:38:32 AM, GMT-7 

CAS Numbers

29118-24-9 

Regulatory Lists

North America 

Expand All Sections

North America 

Main Term (NA) 

Main Term (North America)

CAS RN: 29118-24-9 may be regulated as a member of the Generics group for CAS RN: 1645-83-6

Generics group name: TRANS-1,3,3,3-TETRAFLUOROPROPENE (HFO-1234ZE)

CAS RN: 29118-24-9

Name: 1-PROPENE, 1,3,3,3-TETRAFLUORO-, (1E)-

CAS RN: 29118-24-9 may be regulated as a member of the Generics group for CAS RN: SEQ625

Generics group name: FLUOROALKENES

U.S. Federal, TSCA 

TSCA Section 8(d) Health & Safety Data Reporting (40 CFR 716, Subpt. B)

TSCA Commenced Premanufacture Notice Substances [flagged P on TSCA Inventory]

CAS RN: 29118-24-9 may be regulated as a member of the Generics group for CAS RN: SEQ625

Generics group name: FLUOROALKENES

Listed in 40 CFR 716.120: (c)

Effective date: 04/29/83

Sunset date: 04/29/93

Note(s): d8

Notes

d8 'Fluoroalkenes' is defined as fluroalkenes of the general formula: CnH(2n-x)Fx where n equals 2 to 3 and 

x equals 1 to 6. 

CAS RN: 29118-24-9

Name: 1-Propene, 1,3,3,3-tetrafluoro-, (1E)-

U.S. Federal, Environment 

Clean Air Act Volatile Organic Compounds (VOCs) with Negligible Photochemical Activity (40 CFR 51.100(s))

(as amended by 78 FR 62451, Oct. 22, 2013)

CAS RN: 29118-24-9 may be regulated as a member of the Generics group for CAS RN: 1645-83-6

Generics group name: TRANS-1,3,3,3-TETRAFLUOROPROPENE (HFO-1234ZE)

Summary Report of Regulatory Data Page 1 of 2

https://webinsight.arielresearch.com/DesktopModules/Databases/DbdsSumRp.aspx?transc... 3/18/2014
Summary of names that match CAS RN 

Ariel-supplied broad categories (etc.) that might apply 

CAS RN Chemical Name Language

29118-24-

9 1-PROPENE, 1,3,3,3-TETRAFLUORO-, (1E)- English

29118-24-

9 1-Propene, 1,3,3,3-tetrafluoro-, (1E)- English

CAS RN Chemical Name Language

1645-83-6 1,3,3,3-TETRAFLUOROPROPYLENE English

1645-83-6 TRANS-1,3,3,3-TETRAFLUOROPROPENE (HFO-1234ZE) English

SEQ625 FLUOROALKENES English

U.S. Federal, Workplace 

AIHA. OELs (WEELs) Workplace Environmental Exposure Level Guide (2012)

CAS RN: 29118-24-9 may be regulated as a member of the Generics group for CAS RN: 1645-83-6

Generics group name: 1,3,3,3-TETRAFLUOROPROPYLENE

WEEL 8-hour TWA is: 800 ppm.

Summary Report of Regulatory Data Page 2 of 2

https://webinsight.arielresearch.com/DesktopModules/Databases/DbdsSumRp.aspx?transc... 3/18/2014
No. 09-9617.

#### Adelson Napoleon Avendano, Petitioner v. United States.

562 U.S. 842, 131 S. Ct. 69,

178 L. Ed. 2d 49,

2010 U.S. LEXIS 5902.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
**Exhibit 24.2**

 

**DUKE ENERGY CORPORATION**

 

**CERTIFIED RESOLUTIONS**

 

***Form 10-K Annual Report Resolutions***

 

**RESOLVED**, That the Audit Committee be and hereby is appointed to review the Form 10-K Annual Report (including the Corporation’s audited financial statements for the year ended December 31, 2005), provide an opportunity forfull Board review of such document and approve the document on behalf of the Board of Directors for filing with the Securities and Exchange Commission, with such changes therein as may be deemed necessary or advisable by the officers of theCorporation; 

 

**FURTHER RESOLVED**, That all actionstaken by the Audit Committee in connection with the Form 10-K Annual Report (including the Corporation’s audited financial statements for the year ended December 31, 2005) be, and they hereby are, ratified and approved in all respects; and

 

 

**FURTHER RESOLVED**, That the Power of Attorney as presented to the meeting and executed by the Directors present be and hereby is approved in form and content for purposes of filing the Form 10-K Annual Report with theSecurities and Exchange Commission. 

 

* * * * * * * 

 

I, EDWARD M. MARSH, Jr., Assistant Secretary of Duke Energy Corporation, do herebycertify that the foregoing is a full, true and complete extract from the Minutes of the regular meeting of the Board of Directors of said Corporation held on February 28, 2006, at which meeting a quorum was present. 

 

**IN WITNESS WHEREOF**, I have hereunto set my hand and affixed the Corporate Sealof said Duke Energy Corporation, this the 3rd day of March, 2006.
# DSCR employees and community members “share the love” by giving valentines to veterans

/ Published Feb. 12, 2016

Defense Supply Center Richmond, Virginia, employees and local community members brighten the halls and the days for visitors and patients alike at Hunter Holmes McGuire VA Medical Center, during the Department of Veterans Affairs’ national “Salute to Veteran Patients” Feb. 12 – 19.   DLA Aviation’s Public Affairs Office advertises and collects valentines annually in support of the VA program which is designed to let veterans know their service is appreciated and they are remembered.  

This year handmade and store bought valentines were collected from center employees, children at the DSCR’s Betty Ackerman-Cobb Child Development Center and friends in the community from Bellwood Elementary School and the Bellwood Women’s Club. 

Mae Lew, a Defense Logistics Agency Aviation product/quality assurance specialist working in the Supplier Operations Directorate’s Electrical Components and Cables Division, volunteered her own personal time to hang the collected valentines Feb. 10 in the VA medical center’s mall area. 

This is Lew’s third year volunteering.  She said artwork is a stress relief for her and so she makes valentines and volunteers to hang those DSCR collects.   

Lew also enjoyed passing out treats to some veterans after posting the cards. “ It's nice to be there to see the results firsthand, in particularly the veterans’ delight and knowing that this small task can help brighten their day,” she said.

“This is my way to recognize and honor those who serve our country in the U.S. military, to thank them for their service,” she said. “Because of their sacrifice and service, the USA is a great country to live in.”

Employees wishing to volunteer their time or learn more about the program are encouraged to visit the Salute to Veteran Patients website.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6367

DANIEL LEE BROWN, Petitioner - Appellant, versus RONALD ANGELONE, Director, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CA-02-716-3) Submitted: August 13, 2004 Decided: August 25, 2004 Before WILKINSON, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Daniel Lee Brown, Appellant Pro Se. John H. McLees, Jr., OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Daniel Lee Brown seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell , 537 U.S. 322, 336 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Brown has not made the requisite showing. Accordingly, we deny Brown’s motion to hold this appeal in abeyance, 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 the court and argument would not aid the decisional process.DISMISSED
No. 10-5765.

#### Jarron Draper, Petitioner v. Atlanta Independent School District.

562 U.S. 937, 131 S. Ct. 342,

178 L. Ed. 2d 223,

2010 U.S. LEXIS 7330.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 377 Fed. Appx. 937.
#### People v Jones (Nathaniel)

3d Dept: 139 AD3d 1237 (St. Lawrence)

denied 8/1/16 (Fahey, J.)
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Petitioner

 v.

ONE (1) JERSEY HOLD 'EM MACHINE

SERIAL NO. DDGPA0003, ONE (1) RED,

WHITE, & BLUE REEL GAMING

MACHINE SERIAL NO. DDGPA0002 (IN

RE: 2 GAMING MACHINES, DDGPA0003

& DDGLA0002) (MARTIN CAPLAN),

 Respondents

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 59 MAL 2015

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 23rd day of July, 2015, the Petition for Allowance of Appeal is

DENIED.
# THE PRESS-ENTERPRISE
1825 Chicago Ave, Suite 100 Riverside, CA 92507 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION 

### (2010, 2015.5 C.C.P) Publication(s): The Press-Enterprise PROOF OF PUBLICATION OF Ad Desc.: 

### I I am a citizen of the United States. I am over the age of eighteen years and not a p arty to or i nterested i n t he above entitled maHer. I am an authori zed repres e nt ative of THE P RES S- ENT E RPRIS E, a n ews pap e r in g en eral ci rcu l ation , pri nted and published daily i n the County o f R iversi de, a nd whi c h newsp ape r has been adj ud i cated a newspap e r of general ci rculation by the Sup e ri o r C o urt of the C o unty of Riversid e, St ate of C alifornia , unde r date of A pri l 25, 1 952 , C ase Number 54446 , und er date of March 29, 1957, Case Number 65673, under date of August 25, 1995, Case Number 267864, under date of February 4, 2013, Case Number RIC 1215735, under date of July 25, 2013, Case Number RIC 1305730, and under date of September 16, 2013 , Case Number RIC 1309013; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: 

### 09/10/2014 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date : September 10 , 2014 At: Riverside , California

PECHANGA ENVIRONMENTAL DEPARTMENT P . O . BOX 

### 1477 TEMECULA, CA 92593
Ad Number: 0009964489-01 P . O . Number : 

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No. 09-10496.

#### Yuecai Meng, Petitioner v. Mecklenburg County Department of Social Services.

562 U.S. 1171, 131 S. Ct. 980,

2011 U.S. LEXIS 330.

178 L. Ed. 2d 808,

January 10, 2011.

Petition for rehearing denied.

Former decision, 562 U.S. 845, 131 S. Ct. 84, 178 L. Ed. 2d 54, 2010 U.S. LEXIS 6017.