alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 – OPINION AND ORDER

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

JOSEPH and VICTORIA FORMOSA,

Plaintiffs, Civ. No. 6:13-cv-00789-TC

v. OPINION AND ORDER

GREAT NORTHWEST INSURANCE 

COMPANY,

Defendant.

_____________________________

MCSHANE, Judge:

Plaintiffs Joseph and Victoria Formosa bring this action seeking damages for alleged 

breach of an insurance policy covering their home. Plaintiffs and defendant filed motions for 

summary judgment. Magistrate Judge Thomas M. Coffin issued a Findings and 

Recommendation (F & R) on July 21, 2014, in which he recommended that this Court deny 

plaintiffs’ motion and award summary judgment to defendant on all claims except for plaintiffs’ 

replacement structure claim.

1 The matter is now before this Court. 28 U.S.C. § 636(b)(1)(B); 

Fed. R. Civ. P. 72(b).

Because no objections to the F & R were timely filed, this Court reviews only the legal 

principles de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); 

see also United States v. Bernhardt, 840 F.2d 1441, 1444–45 (9th Cir. 1988) (citations omitted). 

 1 The parties agree that plaintiffs’ replacement structure claimis not fully ripe. See Findings &Recommendation 4, 

ECF No. 47.

Case 6:13-cv-00789-TC Document 49 Filed 09/04/14 Page 1 of 2
2 – OPINION AND ORDER

Having reviewed the legal principles de novo, this Court finds no error in Judge Coffin’s F & R, 

ECF No. 47. 

CONCLUSION

This Court ADOPTS Judge Coffin’s F & R, ECF No. 47, in full. Accordingly, plaintiffs’

motion for partial summary judgment, ECF No. 15, is DENIED, and defendant’s motion for 

summary judgment, ECF No. 19, is GRANTED IN PART and DENIED IN PART.

2

IT IS SO ORDERED.

DATED this 4th day of September, 2014.

_____s/ Michael J. McShane________

Michael J. McShane

United States District Judge

 2 Defendant’s motion is denied as to plaintiffs’replacement structure claim. That claim is not yet ripe and is 

dismissed without prejudice.

Case 6:13-cv-00789-TC Document 49 Filed 09/04/14 Page 2 of 2
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#### The People of the State of New York, Respondent, v Michael J. Fisher, Appellant.

[942 NYS2d 837]

Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered May 2, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10 [1]). We reject defendant’s contention that his waiver of the right to appeal is invalid. “No particular litany is required for an effective waiver of the right to appeal” *(People v McDonald,*270 AD2d 955 [2000], *lv denied*95 NY2d 800 [2000]; *see People v Moissett,*76 NY2d 909, 910-911 [1990]). The record establishes that defendant’s waiver of the right to appeal was knowing, voluntary and intelligent and that it was “intended comprehensively to cover all aspects of the case” *(People v Muniz,*91 NY2d 570, 575 [1998]). “Insofar as defendant contends that the waiver of the right to appeal should not encompass any issues raised in a CPL article 330 or CPL article 440 motion or in an application for coram nobis relief. . . , that contention is premature because it seeks merely an advisory opinion” *(People v Hill,*93 AD3d 1237, 1237 [2012]). Defendant’s further contention that he received ineffective assistance of counsel does not survive the guilty plea or the waiver of the right to appeal inasmuch as “defendant failed to demonstrate that the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered the plea *1436because of [defense counsel’s] allegedly poor performance” *(People v Gleen,*73 AD3d 1443, 1444 [2010], *lv denied*15 NY3d 773 [2010] [internal quotation marks omitted]). Present— Centra, J.P., Peradotto, Lindley, Sconiers and Martoche, JJ.
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II

105TH CONGRESS

2D SESSION S. 1780

To suspend temporarily the duty on phosphonic acid,

[[(phosphonomethyl)imino]bis[2,1-ethanediylnitrilobis-(methylene)]tetrakis.

IN THE SENATE OF THE UNITED STATES

MARCH 17, 1998

Mr. BOND introduced the following bill; which was read twice and referred to

the Committee on Finance

A BILL

To suspend temporarily the duty on phosphonic acid,

[[(phosphonomethyl)imino]bis[2,1-ethanediylnitrilobis-

(methylene)]tetrakis.

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

3 SECTION 1. PHOSPHONIC ACID, [[(PHOSPHONO4 METHYL)IMINO]BIS[2,1-ETHANEDIYL5 NITRILOBIS-(METHYLENE)]TETRAKIS.

6 (a) IN GENERAL.—Subchapter II of chapter 99 of

7 the Harmonized Tariff Schedule of the United States is

8 amended by inserting in numerical sequence the following

9 new heading:
2

•S 1780 IS

‘‘ 9902.31.11 Phosphonic acid,

[[(phosphono-methyl)imino]bis[2,1-

ethanediylnitrilobis-

(methylene)]tetrakis

(CAS No. 15827–60–

8) (provided for in subheading 2931.00.90) ... Free No change No change On or before

12/31/2001 ’’.

1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) applies with respect to articles entered, or

3 withdrawn from warehouse for consumption, on or after

4 the 15th day after the date of enactment of this Act.

Æ
##### 



CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002


(18 U.S.C. SECTION 1350)


In connection with the Annual Report of CHS Inc.
(the Company) on Form 10-K for the fiscal year
ended August 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the Report),
I, John D. Johnson, President and 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) 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/ JOHN D. JOHNSON                      
| |                                          
| | John D. Johnson                          
| | President and Chief Executive
    Officer

November 21, 2003
Merrill Schneider, OSB #77336 

rnerrillschneider@schneiderlaw.com 

Schneider Kerr Law Offices 

PO Box 14490 

Portland, Oregon 97293 

Phone: 503-255-9092 

Fax: 503-255-9145 

Attorney for Plaintiff 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

DUFFIN LIKES, 

Plaintiff, 

v. 

CAROLYN COLVIN, 

Commissioner of Social Security, 

Defendant. 

3:13-CV-00710-BR 

ORDER FOR ATTORNEY 

FEES UNDER 42 U.S.C. § 406(b) 

The court finds and orders an attorney fee of$11,146 pursuant to 42 U.S.C. § 406(b). The 

attorney fee of 2,327.44 allowed pursuant to the Equal Access to Justice Act will be refunded to 

Plaintiff upon counsel's receipt of the allowed 406(b) fee awarded. 

h, 

Dated this l 'l day of h , 20C"J_ __ . 

United States District Court Judge 

Case 3:13-cv-00710-BR Document 23 Filed 01/19/17 Page 1 of 1
II

105TH CONGRESS

2D SESSION S. 1632

To reduce temporarily the duty on certain weaving machines.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 11, 1998

Mr. THURMOND introduced the following bill; which was read twice and

referred to the Committee on Finance

A BILL

To reduce temporarily the duty on certain weaving machines.

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

3 SECTION 1. WEAVING MACHINES.

4 (a) IN GENERAL.—Subchapter II of chapter 99 of

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new heading:
2

•S 1632 IS

‘‘ 9902.84.46 Weaving machines (looms)

for weaving fabrics of a

width exceeding 30 cm but

not exceeding 4.9 m,

shuttleless type, if imported

without off-loom or large

loom take-ups, drop wires,

heddles, reeds, harness

frames, and beams (provided for in subheading

8446.30.50) ....................... A rate of duty

that is 4% less

than the rate of

duty that would

otherwise apply

based on Presidential Proclamation 6763,

dated December

23, 1994

No change No change On or before

12/31/99

’’.

1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) applies to goods entered, or withdrawn from

3 warehouse for consumption, on or after the date that is

4 15 days after the date of enactment of this Act.

5 (c) RETROACTIVE APPLICATION.—Notwithstanding

6 section 514 of the Tariff Act of 1930 or any other provi7 sion of law, upon proper request filed with the Customs

8 Service within 180 days after the date of enactment of

9 this Act, any entry, or withdrawal from warehouse for con10 sumption, of goods described in subheading 9902.84.46 of

11 the Harmonized Tariff Schedule of the United States (as

12 added by subsection (a))—

13 (1) that was made after December 31, 1997,

14 and before the date that is 15 days after the date

15 of enactment of this Act; and

16 (2) with respect to which there would have been

17 no duty or a lower duty if the amendment made by

18 subsection (a) applied to such entry or withdrawal,
3

•S 1632 IS

1 shall be liquidated or reliquidated as if such amendment

2 applied to such entry or withdrawal.

Æ
therefore conclude that the district court did not err in denying appellant's

motion. Accordingly, we

ORDER the judgment of the district court AFFIRMED.
Gibbons 142 Douglas Saitta cc: Hon. Michelle Leavitt, District Judge Nathaniel L. Morris Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

2
II

105TH CONGRESS

2D SESSION S. 1934

To suspend temporarily the duty on Benzamide, 3,3′-{(2,5-dimethyl-1,4-phenylene)bis {imino(1-acetyl-2-oxo-2,1-ethanediyl)azo}}bis{4-chloro-N-(5-

chloro-2-methylphenyl).

IN THE SENATE OF THE UNITED STATES

APRIL 3, 1998

Mr. ROTH introduced the following bill; which was read twice and referred to

the Committee on Finance

A BILL

To suspend temporarily the duty on Benzamide, 3,3′-{(2,5-

dimethyl-1,4-phenylene)bis {imino(1-acetyl-2-oxo-2,1-

ethanediyl)azo}}bis{4-chloro-N-(5-chloro-2-

methylphenyl).

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

3 SECTION 1. SUSPENSION OF DUTY.

4 (a) IN GENERAL.—Subchapter II of chapter 99 of

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new heading:
2

•S 1934 IS

‘‘ 9902.32.08 Benzamide, 3,3′-{(2,5-dimethyl-1,4-phenylene)bis

{imino(1-acetyl-2-oxo-2,1-

ethanediyl)azo}}bis{4-chloroN-(5-chloro-2-methylphenyl)

(CAS No. 5280–80–8) (provided for in subheading

3204.17.04) ........................... Free No change No change On or before

12/31/2001 ’’.

1 (b) EFFECTIVE DATE.—The amendment made by

2 this section applies to articles entered, or withdrawn from

3 warehouse for consumption, on or after the 15th day after

4 the date of the enactment of this Act.

Æ
#### Diane H. O’Grady, Individually and as Administratrix *653of the Estate of Edward J. O’Grady, Jr., Deceased, et al., Respondents, v Katherine Boudin, Defendant, and Samuel Brown, Appellant.

— In an action to recover damages for wrongful death and personal injuries, etc., the defendant Samuel Brown appeals from so much of an order of the Supreme Court, Rockland County (Gurahian, J.), entered September 17, 1985, as denied his motion to stay any further proceedings in this action pending completion of his appeal to this court from a judgment of conviction involving the same death and injury involved in the instant matter.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

An application for a stay of the proceedings in an action is addressed to the discretion of the court. Clearly, Special Term did not abuse its discretion in denying the defendant Brown’s motion to stay any further proceedings in the instant wrongful death and personal injury action. The record on appeal is devoid of any showing of prejudice which would inure to Brown as a result of the denial of a stay. Mollen, P. J., Bracken, Lawrence, Kooper and Sullivan, JJ., concur.
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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-30875

Summary Calendar

MICHAEL COOPER,

Plaintiff-Appellant

v.

NICOLE WALKER; MONA HEYSE; MARK DAVIS; J. TIM MORGAN,

Defendants-Appellees

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 1:13-CV-3209

Before DAVIS, CLEMENT, and COSTA, Circuit Judges.

PER CURIAM:*

Michael Cooper, Louisiana prisoner # 391434, appeals the dismissal of 

this 42 U.S.C. § 1983 action. The district court dismissed the action as 

frivolous and for failure to state a claim. Because the district court cited both 

28 U.S.C. § 1915 and 28 U.S.C. § 1915A as authority for its dismissal, our 

review is de novo. See Geiger v. Jowers, 404 F.3d 371, 373 (5th Cir. 2005).

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

June 2, 2015

Lyle W. Cayce

Clerk

 Case: 14-30875 Document: 00513064044 Page: 1 Date Filed: 06/02/2015
No. 14-30875

2

Cooper fails to address the district court’s determination that no claim is 

stated in his complaint because his mere disagreement with medical officials’ 

treatment plan is not actionable. Additionally, Cooper fails to address the 

district court’s conclusion that he presented no factual allegations that would 

show that the defendants knew of an excessive risk to his health or safety but

nevertheless chose to disregard that risk. Because Cooper’s brief is inadequate

as to those claims, we dismiss them as frivolous. See Brinkmann v. Dallas 

County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987); Howard v. 

King, 707 F.2d 215, 220 (5th Cir. 1983). Cooper’s claim of negligence and 

carelessness is an attempt to advance an “indisputably meritless legal theory”

and is thus frivolous. Taylor v. Johnson, 257 F.3d 470, 472 (5th Cir. 2001); 

Stewart v. Murphy, 174 F.3d 530, 534 (5th Cir. 1999); Howard, 707 F.2d at 220. 

We dismiss this frivolous appeal sua sponte. See 5TH CIR. R. 42.2. The 

dismissal of his complaint by the district court and the dismissal of this appeal 

as frivolous each counts as a strike under § 1915(g). See Adepegba v. 

Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). Cooper is WARNED that if 

he receives a third strike he will not be allowed to proceed in forma pauperis

in any civil action or appeal while he is incarcerated or detained in any facility 

unless he “is under imminent danger of serious physical injury.” 28 U.S.C. 

§ 1915(g).

Cooper’s requested for the appointment of counsel on appeal is DENIED.

APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING 

ISSUED.

 Case: 14-30875 Document: 00513064044 Page: 2 Date Filed: 06/02/2015
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1894 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1894

   To amend the Alcoholic Beverage Labeling Act of 1988 to improve a 
                       warning label requirement.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 1, 1998

 Mr. Thurmond introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
   To amend the Alcoholic Beverage Labeling Act of 1988 to improve a 
                       warning label requirement.

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

SECTION 1. LABELING REQUIREMENT.

    Section 204(a) of the Alcoholic Beverage Labeling Act of 1988 (27 
U.S.C. 215(a)) is amended by striking ``may cause health problems'' and 
inserting ``may lead to alcoholism. (3) Moderate consumption of 
alcoholic beverages may cause health problems such as hypertension and 
breast cancer''.
                                 <all>
```