alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

CARL THOMPSON,

 Plaintiff - Appellant,

 v.

FRANK LUNA, Warden; et al.,

 Defendants - Appellees.

No. 09-17421

D.C. No. 2:08-cv-00605-SRBCRP

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Susan R. Bolton, District Judge, Presiding

Submitted June 15, 2011** 

Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.

Carl Thompson, an Alaska state prisoner, appeals pro se the district court’s

summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference

to his hand injuries and state law claims. We have jurisdiction under 28 U.S.C.

§ 1291. We review de novo. Morrison v. Hall, 261 F.3d 896, 900 (9th Cir. 2001). 

FILED

JUL 6 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-17421

We affirm.

The district court properly granted summary judgment for defendant Luna

because Thompson failed to raise a genuine dispute of material fact as to whether

Luna “participated in or directed the [alleged] violations, or knew of the [alleged]

violations and failed to act to prevent them,” Taylor v. List, 880 F.2d 1040, 1045

(9th Cir. 1989), or whether “a policy or custom . . . played a part in the [alleged]

violation[s],” Larez v. City of Los Angeles, 946 F.2d 630, 646 (9th Cir. 1991).

The district court properly granted summary judgment for defendant Ortiz

because Thompson failed to raise a genuine dispute of material fact as to whether

Ortiz knew of and disregarded an excessive risk to Thompson’s health and safety. 

See Toguchi v Chung, 391 F.3d 1051, 1057 (9th Cir. 2004) (“A prison official acts

with ‘deliberate indifference . . . only if the [prison official] knows of and

disregards an excessive risk to inmate health and safety.’” (brackets in original)

(citation omitted)).

The district court properly granted summary judgment on Thompson’s state

law claims because Thompson failed to rebut with expert medical testimony

defendants’ showing that they met the appropriate standard of care and did not

cause or aggravate his hand injuries. See Trombley v. Starr-Wood Cardiac Group,

PC, 3 P.3d 916, 919 (Alaska 2000) (“[E]xpert testimony is needed to establish
3 09-17421

medical malpractice claim” except “in non-technical situations where negligence is

evident to lay people.” (citation and internal quotation marks omitted)); see also

Riedisser v. Nelson, 534 P.2d 1052, 1054 (Ariz. 1975) (same legal standard for

medical malpractice claim under Arizona law).

The district court did not abuse its discretion by dismissing the complaint

without leave to amend because amendment would have been futile. See Lopez v.

Smith, 203 F.3d 1122, 1130 (9th Cir. 2000) (a district court need not grant leave to

amend where amendment would be futile).

Thompson’s remaining contentions are unpersuasive.

Thompson’s request for sanctions is denied.

AFFIRMED.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2135 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2135

   To amend titles II and XVI of the Social Security Act to provide 
  certain individuals with information on employment support services.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2015

  Mr. Sam Johnson of Texas (for himself, Mr. Boustany, Mr. Reed, Mr. 
Young of Indiana, and Mrs. Black) introduced the following bill; which 
            was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To amend titles II and XVI of the Social Security Act to provide 
  certain individuals with information on employment support services.

    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 ``Promoting Opportunity for Disability 
Benefit Applicants Act''.

SEC. 2. PROVIDING INFORMATION ON PUBLIC OR PRIVATE EMPLOYMENT SUPPORT 
              SERVICES.

    (a) Amendment to Title II.--Title II of the Social Security Act (42 
U.S.C. 401 et seq.) is amended by inserting after section 218 the 
following:

``SEC. 219. INFORMATION ON EMPLOYMENT SUPPORT SERVICES.

    ``The Commissioner of Social Security may provide individuals who 
are denied benefits under this title based on an adverse determination 
of disability information on appropriate public or private entities 
that provide employment services, vocational rehabilitation services, 
or other support services.''.
    (b) Amendment to Title XVI.--Section 1615 of such Act (42 U.S.C. 
1382d) is amended by inserting after subsection (a) the following:
    ``(b) The Commissioner of Social Security may provide individuals 
who are denied benefits under this title based on an adverse 
determination of disability information on appropriate public or 
private entities that provide employment services, vocational 
rehabilitation services, or other support services.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply with respect to applications for monthly benefits filed on 
or after the date that is 180 days after the date of the enactment of 
this Act.
                                 <all>
```
Exhibit 4.1


 


Share Certificate


 


	Number
of certificate	 	Number of shares
	 	 	 
	 	 	 
	 	 	 
	 	 	 


 


REGENCELL BIOSCIENCE HOLDINGS LIMITED


COMPANY
NUMBER [NUMBER]


 


THIS SHARE CERTIFICATE CERTIFIES
THAT as of [Transfer date], [Name] of [Address] is the registered holder of [Number] fully paid Ordinary Share(s) of US$0.00001 par value
per share in the above named Company which are held subject to, and transferable in accordance with, the Memorandum and Articles of Association
of the Company (as Revised).


 


In Witness Whereof the Company has
authorized this certificate to be issued on [Transfer date].


 


	 	By	 
	 	 	Director
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

ANTHONY CLARKE

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 18

- 3337

[ February 21, 2019 ]

Appeal of order denying rule 3.800 motion from the Circuit Court for

the Seventeenth Judicial Circuit, Broward County ; Martin S. Fein

, Judge; L.T. Case No. 10

- 6746 CF10C

.

Anthony Clarke, Raiford, pro se.

No appearance required for appellee.

P ER C URIAM

.

Affirmed.

G ERBER

, C.J., W ARNER and C IKLIN

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### Syenite Granite Company, Appellant, v. Bobb *et al.*

Appellate Jurisdiction: special tax-bill. A suit by attachment to enforce the lien of a special tax-bill (the amount being less than twenty-five hundred dollars ) assessed against a lot for a street improvementj is within the appellate jurisdiction of a court of . appeals.

*Appeal from St. Louis City Circuit Court.*— Hon. G. W. Lubke, Judge.

Tbanseeebed to St. Louis Couet oe Appeals.

*Leonard Wilcox*for appellant.

*T. J. Rowe*and *R. E. Collins*for respondents.

Brace, J.

This is a suit by attachment, to enforce the lien of a special tax-bill for $204.80 assessed against a certain lot in the city of St. Louis as its proportionate share of the cost of improving a street in- front of it, and is within the appellate jurisdiction of the St. Louis coürt of appeals, to which it is ordered to be transferred.

All concur.
#### COLONIAL CITY TRACTION CO., Respondent, v. KINGSTON CITY R. CO. et al., Appellants.

(Supreme Court, Appellate Division, Third Department.

January 15, 1897.)

Action by the Colonial City Traction Company against the Kingston City Railroad Company and others.

No opinion. Reargument ordered to be had January 26, 1897, at the opening of the I court
#### Ryszard Pilch, Appellant, v Board of Education of City of New York et al., Respondents.

Submitted February 26, 2007;

decided May 1, 2007

Motion for reargument granted and, upon reargument, motion for leave to appeal denied *[see*8 NY3d 828].
#### In the Matter of FREDERICK E. BANNER, an attorney at law.

For the order: *Mr. Heston N. Potts.*

October 9, 1961.

Name of respondent stricken from roll of attorneys at law. Opinion reported at 35 *N. J.*362.
Brown Trout - Incentivized Harvest Program 

Lees Ferry Reach 

Glen Canyon National Recreation Area 

Jeff Arnold – Fisheries Biologist GLCA 
 

Background 

There are increasing threats to native fish populations in the Colorado River downstream of 

Lees Ferry and potential threat to rainbow trout fishery in Lees Ferry. 

Brown Trout Brown Trout Population is Growing 

Can successfully spawn in 

Lees Ferry Reach and numbers 

have been increasing since 2014 

2 

BNT Currently 

composed 30 % 

BNT Historically of catch 

composed 2% 

of catch 
 

Total Number of Brown Trout Harvested/Month 

900 

$33 $50/3 fish $33/Fish, $15 PIT 

$300/PIT 

800 

n = 5410 

700 

600 

500 

400 

300 

200 

100 

0 

Number of Brwon Trout 

Fishing 

Videos 

Produced 

$25 

Month/Year 2020 2021 2022 2023 

Monthly average 

to achieve target: 

2500 annually 
Monthly Payout 

Amount 

Monthly Payout 

$90,000 

Total Rewards $417,322 

$80,000 

$70,000 

$60,000 

$50,000 

$40,000 

$30,000 

$0 

$10,000 

$20,000 

Month/Year 
 

 

 

 

 

Future of the Incentivized Harvest Program 

• NPS would like to continue the program for an additional 

2-years if funding can be procured. 

• About $45,000 remains in current funding. If no funds can 

be procured, program will end December 31, 2023 

• Remaining funds will focus on tribal youth fishing trips 
Questions?
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2131 Enrolled Bill (ENR)]

        H.R.2131

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the sixth day of January, two thousand and fifteen

                                 An Act

 
 To designate the Federal building and United States courthouse located 
 at 83 Meeting Street in Charleston, South Carolina, as the ``J. Waties 
                        Waring Judicial Center''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. J. WATIES WARING FEDERAL BUILDING AND UNITED STATES 
COURTHOUSE.
    (a) Designation.--The Federal building and United States courthouse 
located at 83 Meeting Street in Charleston, South Carolina, shall be 
known and designated as the ``J. Waties Waring Judicial Center''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the Federal building and 
United States courthouse referred to in subsection (a) shall be deemed 
to be a reference to the ``J. Waties Waring Judicial Center''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
#### The People of the State of New York, Respondent, v Darnell Norton, Appellant.

[946 NYS2d 812]

Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered May 6, 2008. The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree. The judgment was affirmed by order of this Court entered September 30, 2011 (87 AD3d 1310 [2011]), and defendant on December 16, 2011 was granted leave to appeal to the Court of Appeals from the order of this Court (18 NY3d 861), and the Court of Appeals on May 8, 2012 reversed the order and remitted the case to this Court for clarification of the basis of this Court’s decision (19 NY3d 842 [2012]).

Now, upon remittitur from the Court of Appeals,

It is hereby ordered that, upon remittitur from the Court of Appeals, the judgment so appealed from is unanimously affirmed.

Memorandum: In a prior appeal *(People v Norton,*87 AD3d 1310 [2011], *revd sub nom., People v Gilliam*19 NY3d 842 [2012]), we summarily affirmed the judgment convicting defendant of robbery in the first degree (Penal Law § 160.15 [2]). Defendant had contended that his sentence was unduly harsh and severe. In reversing our order, the Court of Appeals concluded that this Court may not summarily affirm the judgment “without indicating whether [we] relied on the waiver [of the right to appeal] or determined that the sentencing claim lacked merit” (19 NY3d at 844). The Court remitted the matter to this Court “for clarification of the basis of [our] decision” *(id.).*

Upon remittal, we clarify that we previously reviewed the merits of defendant’s contention, having determined that there was no valid waiver of the right to appeal, and we concluded that the sentence is not unduly harsh or severe. Although Supreme Court referred to a waiver of the right to appeal at the *1652time of the plea, no oral waiver was elicited from defendant. In addition, neither the written waiver of the right to appeal in the record nor the court’s brief mention of that waiver during the plea proceeding distinguished the waiver of the right to appeal from those rights automatically forfeited upon a plea of guilty. Consequently, the record failed to “establish that the defendant understood that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty” *(People v Lopez,*6 NY3d 248, 256 [2006]). Present — Smith, J.P., Fahey, Peradotto, Lindley and Sconiers, JJ.
# C_2021209EN.01000101.xml

| 2.6.2021 | EN | Official Journal of the European Union | C 209/1 |
| --- | --- | --- | --- |

2.6.2021

EN

Official Journal of the European Union

C 209/1

---

Non-opposition to a notified concentration

(Case M.10253 — Colony Capital/Goldman Sachs/Japan JV)

(Text with EEA relevance)

(2021/C 209/01)

On 27 May 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10253. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10253. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
I 

114TH CONGRESS 

1ST SESSION H. R. 2121 

To amend the S.A.F.E. Mortgage Licensing Act of 2008 to provide a temporary license for loan originators transitioning between employers, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2015 

Mr. STIVERS (for himself, Ms. SEWELL of Alabama, Mr. WESTMORELAND, 

Mrs. BEATTY, Mr. MESSER, and Ms. SINEMA) introduced the following 

bill; which was referred to the Committee on Financial Services 

A BILL 

To amend the S.A.F.E. Mortgage Licensing Act of 2008 

to provide a temporary license for loan originators 

transitioning between employers, and for other purposes. 

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 ‘‘SAFE Transitional 

5 Licensing Act of 2015’’. 

6 SEC. 2. LOAN ORIGINATOR EMPLOYMENT TRANSITIONS. 

7 Section 1504 of the S.A.F.E. Mortgage Licensing Act 

8 of 2008 (12 U.S.C. 5103) is amended by adding at the 

9 end the following new subsection: 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 2121 IH

1 ‘‘(c) EMPLOYMENT TRANSITION.— 

2 ‘‘(1) TEMPORARY LICENSE FOR PERSONS MOV3 ING FROM A FINANCIAL INSTITUTION TO A NON4 BANK ORIGINATOR.—A registered loan originator 

5 shall be deemed to be a State-licensed loan origi6 nator for the 120-day period beginning on the date 

7 that a State-licensed mortgage lender, mortgage 

8 banker, or mortgage servicer, that is not a deposi9 tory institution, registers with the Nationwide Mort10 gage Licensing System and Registry that such reg11 istered loan originator is employed by such State-li12 censed mortgage lender, mortgage banker, or mort13 gage servicer. 

14 ‘‘(2) TEMPORARY LICENSE FOR PERSONS MOV15 ING INTERSTATE.—A registered loan originator or 

16 State-licensed loan originator in one State shall be 

17 deemed to be a State-licensed loan originator in an18 other State for the 120-day period beginning on the 

19 date that a State-licensed mortgage lender, mort20 gage banker, or mortgage servicer in such other 

21 State registers with the Nationwide Mortgage Li22 censing System and Registry that such person is em23 ployed by such State-licensed mortgage lender, mort24 gage banker, or mortgage servicer. 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 2121 IH

1 ‘‘(3) FEDERAL AND STATE RECOGNITION.— 

2 Registration pursuant to paragraph (1) or (2) shall 

3 fulfill any licensing and registration requirement for 

4 a loan originator pursuant to this section and any 

5 State law or regulation. 

6 ‘‘(4) APPLICABILITY.—Any person registering a 

7 registered loan originator with the Nationwide Mort8 gage Licensing System and Registry under this sub9 section shall be subject to this Act and to applicable 

10 State law to the same extent as if such registered 

11 loan originator was licensed and registered as a 

12 State-licensed loan originator under subsection (a).’’. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
# C_2021226EN.01000401.xml

| 14.6.2021 | EN | Official Journal of the European Union | C 226/4 |
| --- | --- | --- | --- |

14.6.2021

EN

Official Journal of the European Union

C 226/4

---

DECISION TO CLOSE THE FORMAL INVESTIGATION PROCEDURE AFTER WITHDRAWAL BY MEMBER STATE

State aid — Poland

(Articles 107 to 109 of the Treaty on the Functioning of the European Union)

Commission notice pursuant to Article 108(2) of the TFEU

Withdrawal of notification

State aid SA.51502 – (2019/C)/(2018/N) - Poland - Reductions from a capacity mechanism levy for EIUs

(Text with EEA relevance)

(2021/C 226/04)

The Commission has decided to close the formal investigation procedure under Article 108(2) of the TFEU, initiated on 15 April 2019 (1) in respect of the measure referred to above, recording that Poland has withdrawn its notification on 4 February 2021 and will not pursue this aid project further.

---

(1)  OJ C 200, 14.6.2019, p. 9.

---
[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Notices]
[Pages 51706-51707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20054]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration #17167 and #17168; CALIFORNIA Disaster Number CA-
00345]


Presidential Declaration of a Major Disaster for Public 
Assistance Only for the State of California

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a Notice of the Presidential declaration of a major 
disaster for Public Assistance Only for the State of California (FEMA-
4619-DR), dated 09/12/2021.
    Incident: Caldor Fire.
    Incident Period: 08/14/2021 and continuing.

DATES: Issued on 09/12/2021.
    Physical Loan Application Deadline Date: 11/12/2021.
    Economic Injury (EIDL) Loan Application Deadline Date: 06/13/2022.

ADDRESSES: Submit completed loan applications to: U.S. Small Business

[[Page 51707]]

Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street SW, 
Suite 6050, Washington, DC 20416, (202) 205-6734.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the President's major disaster declaration on 09/12/2021, Private Non-
Profit organizations that provide essential services of a governmental 
nature may file disaster loan applications at the address listed above 
or other locally announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Counties: El Dorado.

    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
  Non-Profit Organizations with Credit Available Elsewhere...      2.000
  Non-Profit Organizations without Credit Available Elsewhere      2.000
For Economic Injury:
  Non-Profit Organizations without Credit Available Elsewhere      2.000
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 17167 5 
and for economic injury is 17168 0.

(Catalog of Federal Domestic Assistance Number 59008)

James Rivera,
Associate Administrator for Disaster Assistance.
[FR Doc. 2021-20054 Filed 9-15-21; 8:45 am]
BILLING CODE 8026-03-P
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

City of Pittsburgh, :

Petitioner :

:

v. : No. 1431 C.D. 2021

:

Ronald Dobbs (Workers ’ :

Compensation Appeal Board), :

Respondent :

PER CURIAM O R D E R

NOW, March 27 , 2023

, upon consideration of Respondent ’s

application for re argument

, and Petitioner ’s answer in response thereto, the

application is DENIED

.
TYZACK DIVERSION AT RED FLEETLatitude: 40.566Longitude: -109.409Elevation: None

TYZACK DIVERSION AT RED FLEET

Courtesy NRCS - Go to Split Mountain Site Page...



Split Mountain

Courtesy NRCS - Go to Kings Cabin Site Page...



Kings Cabin

Courtesy NRCS - Go to Trout Creek Site Page...



Trout Creek