alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

HECTOR L

. RESSY,

Plaintiff

- Appellant,

v. PIERCE COUNTY; et al.,

Defendants

- Appellees. No. 15

- 35565 D.C. No. 3:14

- cv - 05693

- RBL

MEMORANDUM *

Appeal from the United States District Court for the Western District of Washington Ronald B. Leighton, District Judge, Presiding Submitted January 18, 2017 ** Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Hector L. Ressy appeals pro se from the district court’s judgment dismissing as untimely his 42 U.S.C. § 1983 action alleging federal and state law claim s arising from his pretrial detention . We have juris diction under 28 U.S.C. § 1291.
We review de novo

. Butler v. Nat’l Cmty. Renaissance of Cal. , 755 F.3d 1191,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

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

# FILED

JAN 30 2017 MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 15

- 35565

1194 (9th Cir. 2014) (application of the relation

- back doctrine under Federal Rule of Civil Procedure 15(c)); Papa v. United States , 281 F.3d 1004, 1009 (9th Cir. 2002) ( dismissal based on the statute of limitations)

. We affirm.
T he district court properly dismissed Ressy’s claim as barred by the statute
of limitations. See Bagley v. CMC Real Estate Corp. , 923 F.2d 758, 750 (9th Cir. 1991) (limitations period for § 1983 claim is three years under Washington state law); see also Wo ods View II, LLC v. Kitsap C nty

. , 352 P.3d 807, 816 ( Wash. Ct. App. 2015) (the statute of limitations for a negligence action is three years)

. The district court properly concluded that Ressy’s amended complaint did not relate
back to his original complaint under Rule 15 because Ressy failed to demonstrate
that defendants had timely notice of Ressy’s action or knew or should have known that the action would have been brought against them but for Ressy’s mistake concerning their ident ity

. See Fed. R. Civ. P. 15(c)(1)(C) ; Wash. Civ. R. 15(c); see also Butler , 766 F.3d at 1202

- 03 (discussing the requirements for relation

- back
under Feder a l R

ule of Civil Procedure 15(c)(1)(C)).
AFFIRMED.
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        24 June 2022    

                    USS Gravely Returns Home to Norfolk, Virginia                 
                The Arleigh Burke-class guided-missile destroyer USS Gravely (DDG 107) returned to Naval Station Norfolk after a regularly scheduled deployment, June 24.            

        05 June 2022    

                    USS Gravely (DDG 107) arrives in Gdynia, Poland                 
                The Arleigh Burke-class guided-missile destroyer USS Gravely (DDG 107) arrived in Gdynia, Poland, June 5, 2022, for a scheduled port visit to enhance the United States-Polish partnership and facilitate a robust, united, and fruitful NATO alliance.            

        27 May 2022    

                    USS Gravely and USS Gunston Hall arrive in Helsinki, Finland                 
                The Arleigh Burke-class guided-missile destroyer USS Gravely (DDG 107) and Whidbey Island-class dock landing ship USS Gunston Hall (LSD 44) arrived in Helsinki, Finland for scheduled port visits, May 27, 2022.            

#####  

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###### Commander, U.S. Fleet Forces Command   |   1562 Mitscher Ave., Suite 250   |   Norfolk, Virginia 23551-2487

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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
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                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Commission on Civil Rights

Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights, that a meeting of the Pennsylvania Advisory Committee to the Commission will convene at 12 p.m. and adjourn at 5 p.m. on Wednesday, May 23, 2001, at Philadelphia Convention Center, Conference Room B, 12th and Arch Streets, Philadelphia, Pennsylvania 19107. The purpose of the meeting is to have the Committee review and vote on its report, “Barriers to Minority and Women Owned Businesses in Pennsylvania,” and plan future activities.

Persons desiring additional information, or planning a presentation to the Committee, should contact Ki-Taek Chun, Director of the Eastern Regional Office, 202-376-7533 (TDD 202-376-8116). Hearing-impaired persons who will attend the meeting and require the services of a sign language interpreter should contact the Regional Office at least ten (10) working days before the scheduled date of the meeting.

The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission.

Dated at Washington, DC, May 1, 2001.

Edward A. Hailes, Jr.,

General Counsel.

[FR Doc. 01-11369 Filed 5-4-01; 8:45 am]

BILLING CODE 6335-01-P
#### In the Matter of Robert O’Connell.

— Order entered terminating suspension and reinstating petitioner as an attorney and counselor-at-law. Present — Dillon, P. J., Callahan, Doerr, Denman and Green, JJ.
#### The People of the State of New York, Respondent, v Brian D. Confer, Appellant.

Judgment unanimously affirmed. Memorandum: The testimony of the police investigator concerning the complainant’s identification of defendant was improper bolstering. However, no objection having been made, the issue is not preserved for appeal. In view of strong testimony linking defendant to the crime, the error was harmless in any event.

Defendant’s argument that he did not receive effective assistance of counsel is without merit. Counsel made pretrial motions and presented a forceful defense, including effective cross-examination of the People’s witnesses. In our view, the defense presented was meaningful and met the constitutional standard *(see, People v Baldi,*54 NY2d 137, 147).

We have reviewed defendant’s remaining contention and find it to be without merit. (Appeal from judgment of Onondaga County Court, Burke, J. — criminal mischief, third degree.) Present — Doerr, J. P., Denman, Boomer, Green and Pine, JJ.
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        18 January 2023    

                    VFA-103 changes command in the Adriatic Sea                 
                ADRIATIC SEA - Cmdr. Jeffrey “Creature” Creighan relieved Cmdr. Jason “Fisheye” Papadopoulos as commanding officer of Strike Fighter Squadron (VFA) 103. The change of command ceremony took place in the skies above the Nimitz-class aircraft carrier USS George H.W. Bush            

        13 January 2023    

                    Unmanned Maritime Strike – Navy and Air Force at the Cutting Edge of Tactical Integration                 
                MEDITERRANEAN SEA – The U.S. Navy and the U.S. Air Force (USAF) partnered to complete first-of-a-kind exercises that incorporated Navy and USAF expertise and assets in December 2022. Jackpot Hooligan II – a maritime strike exercise, demonstrated the capability of an MQ-9 unmanned aerial            

        21 November 2022    

                    Naval Air Force Atlantic Commander Embarks George H.W. Bush on Deployment                 
                Rear Adm. John F. Meier, commander, Naval Air Force Atlantic, embarked the Nimitz-class aircraft carrier USS George H.W. Bush (CVN 77), Nov. 13-14, 2022.            

        06 August 2022    

                    USS Farragut Deploys with George H.W. Bush Carrier Strike Group                 
                MAYPORT, Fla. -- Arleigh Burke-class guided-missile destroyer USS Farragut (DDG 99) deployed as part of the George H.W. Bush Carrier Strike Group (GHWBCSG) from Naval Station Mayport, Florida, Aug. 6.            

#####  

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###### Commander, U.S. Fleet Forces Command   |   1562 Mitscher Ave., Suite 250   |   Norfolk, Virginia 23551-2487

###### Official U.S. Navy Website
I 

111TH CONGRESS 

1ST SESSION H. R. 803 

To amend titles 23 and 49, United States Code, to require metropolitan 

planning organizations to consider greenhouse gas emissions in longrange transportation plans and transportation improvement programs. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2009 

Mr. DOGGETT (for himself, Mr. BLUMENAUER, Mr. INSLEE, Mr. 

MCDERMOTT, Mr. STARK, and Mr. THOMPSON of California) introduced 

the following bill; which was referred to the Committee on Transportation 

and Infrastructure 

A BILL 

To amend titles 23 and 49, United States Code, to require 

metropolitan planning organizations to consider greenhouse gas emissions in long-range transportation plans 

and transportation improvement programs. 

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 ‘‘Green Transit Act’’. 


rfrederick on PROD1PC67 with BILLS
2 

•HR 803 IH

1 SEC. 2. GREENHOUSE GAS EMISSIONS IN LONG-RANGE 

2 TRANSPORTATION PLANS. 

3 (a) HIGHWAY PLANNING.—Section 134(c)(2) of title 

4 23, United States Code, is amended by adding at the end 

5 the following sentence: ‘‘Such plans and TIPs shall be de6 veloped after consideration of emissions of greenhouse 

7 gases (as defined in section 211(o)(1) of the Clean Air 

8 Act (42 U.S.C. 7545(o)(1)) and shall provide for reduc9 tions in such emissions.’’ 

10 (b) PUBLIC TRANSPORTATION PLANNING.—Section 

11 5303(c)(2) of title 49, United States Code, is amended 

12 by adding at the end the following sentence: ‘‘Such plans 

13 and TIPs shall be developed after consideration of emis14 sions of greenhouse gases (as defined in section 211(o)(1) 

15 of the Clean Air Act (42 U.S.C. 7545(o)(1)) and shall pro16 vide for reductions in such emissions.’’ 

Æ 


rfrederick on PROD1PC67 with BILLS
[Federal Register Volume 66, Number 85 (Wednesday, May 2, 2001)]
[Rules and Regulations]
[Pages 21861-21862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10874]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 558


New Animal Drugs for Use in Animal Feeds; Monensin, 
Sulfadimethoxine, and Ormetoprim; Technical Amendment

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendment.

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

SUMMARY: The Food and Drug Administration (FDA) is updating the animal 
drug regulations for medicated feeds to correctly reflect previously 
approved assay limits for Type A medicated articles containing 
monensin, or sulfadimethoxine and ormetoprim in combination. This 
action is being taken to improve the accuracy of the agency's 
regulations.

DATES: This rule is effective May 2, 2001.

FOR FURTHER INFORMATION CONTACT: Mary G. Leadbetter, Center for 
Veterinary Medicine (HFV-143), Food and Drug Administration, 7500 
Standish Pl., Rockville, MD 20855, 301-827-6964.

SUPPLEMENTARY INFORMATION: FDA has found that the April 1, 2000, 
edition of Title 21, Parts 500 to 599 of the Code of Federal 
Regulations (CFR) does not reflect revised assay limits for Type A 
medicated articles containing monensin, or sulfadimethoxine and 
ormetoprim in combination, that were approved in the new animal drug 
applications for these drugs. At this time, FDA is amending the 
regulations to correct these errors in 21 CFR 558.4.

[[Page 21862]]

    This is rule does not meet the definition of ``rule'' in 5 U.S.C. 
804(3)(A) because it is a rule of ``particular applicability.'' 
Therefore, it is not subject to the congressional review requirements 
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Part 558

    Animal drugs, Animal feeds.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs and 
redelegated to the Center for Veterinary Medicine, 21 CFR part 558 is 
amended as follows:

PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS

    1. The authority citation for 21 CFR part 558 continues to read as 
follows:

    Authority: 21 U.S.C. 360b, 371.


Sec.  558.4  [Amended]

    2. Section 558.4 Requirement of a medicated feed mill license is 
amended in paragraph (d) in the ``Category I'' table in the entry for 
``Monensin'' in the ``Assay limits percent type A'' column by removing 
``90-110'' and adding in its place ``85-115''; and in the ``Category 
II'' table in both paired entries for ``Sulfadimethoxine'' and 
``Ormetoprim'' in the ``Assay limits percent type A'' column by 
removing ``95-115'' and in its place adding ``90-110''.

    Dated: April 20, 2001.
Claire M. Lathers,
Director, Office of New Animal Drug Evaluation, Center for Veterinary 
Medicine.
[FR Doc. 01-10874 Filed 5-1-01; 8:45 am]
BILLING CODE 4160-01-S
#### OHIO OIL COMPANY v. INDIANA

(NO. 3).

ERROR TO THE SUPREME COURT OF THE STATE OF INDIANA.

No. 85.

Argued December 18, 19, 1899.

Decided April 9, 1900.

The judgment below in this case is affirmed for the reasons given in *Ohio Oil Company*v. Indiana, *No. 1, ante,*page 190.

This case was argued with No. 84, ante, 190, and by the same counsel.

Mr. Justice White

delivered the opinion of the court.

The Supreme Court of the State of Indiana affirmed a judgment of the trial court, awarding the sum of certain penalties incurred by violating a statute of the State of Indiana which came under our review in case No. 84, this day disposed of. The opinion in that case is conclusive of every question here arising, and for the reasons given in case No. 84, the judgment is

*Affirmed.*
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### International Trade Administration 

This decision is made pursuant to Section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89-651, 80 Stat. 897; 15 CFR part 301). Related records can be viewed between 8:30 A.M. and 5 P.M. in Room 4211, U.S. Department of Commerce, 14th and Constitution Avenue, NW., Washington, DC. 

*Docket Number:*                     01-007.                     *Applicant:*                     University of Wisconsin—Madison, Madison, WI 53706.                     *Instrument:*                     Sample Preparation Chamber with accessories.                     *Manufacturer:*                     ELMITEC Elektronenmikroskopie, Germany.                     *Intended Use:*                     See notice at 66 FR 16445, March 26, 2001.                 

*Comments:*                     None received.                     *Decision:*                     Approved. No instrument of equivalent scientific value to the foreign instrument, for such purposes as it is intended to be used, is being manufactured in the United States.                     *Reasons:*                     This is a compatible accessory for an existing instrument purchased for the use of the applicant. The instrument and accessory were made by the same manufacturer. The National Institutes of Health advises in its memorandum of March 12, 2001, that the accessory is pertinent to the intended uses and that it knows of no comparable domestic accessory.                 

We know of no domestic accessory which can be readily adapted to the existing instrument. 

Gerald A. Zerdy, 

Program Manager, Statutory Import Programs Staff. 

[FR Doc. 01-11312 Filed 5-3-01; 8:45 am] 

BILLING CODE 3510-DS-P
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
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CONSOLIDATED STATEMENT OF OPERATIONS FOR THE THREE MONTHS ENDED SEPTEMBER 30,
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<F2>"Other Expenses" consist of amortization of goodwill offset by interest income.
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-  Lt. Cmdr. Joel DavidsonFleet Bandmaster, U.S. Fleet Forces Band 
-  Master Chief Musician Greg BonistalliSenior Enlisted Leader, U.S. Fleet Forces Band 

#####  

##### Navy.mil  |  Navy.com  |  Navy FOIA  |  DoD Accessibility/Section 508  |  No Fear Act  |  Open Government  |  Plain Writing Act USA.gov  |  Veterans Crisis Line  |  VA Vet Center  |  FVAP  |   DoD Safe Helpline  |  Navy SAPR  |  NCIS Tips  |  Privacy Policy  |  Site Map  |  Contact US

###### Commander, U.S. Fleet Forces Command   |   1562 Mitscher Ave., Suite 250   |   Norfolk, Virginia 23551-2487

###### Official U.S. Navy Website
1

The Honorable Linda R. Reade, Chief Judge, United States District Court for

the Northern District of Iowa.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 08-3038

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* Northern District of Iowa.

Kenneth Lee Richardson, *

* [UNPUBLISHED]

Appellant. *

___________

Submitted: December 4, 2009

Filed: December 9, 2009

___________

Before WOLLMAN, RILEY, and SMITH, Circuit Judges.

___________

PER CURIAM.

Kenneth Richardson (Richardson) pled guilty to receipt and attempted receipt

of child pornography, in violation of 18 U.S.C. § 2252A(a)(2)(A), (b)(1). The district

court1

 imposed a sentence of 151 months in prison and 10 years of supervised release.

On appeal, Richardson’s counsel has moved to withdraw and filed a brief under

Anders v. California, 386 U.S. 738 (1967), arguing the sentence was unreasonable

given Richardson’s minimal criminal history, mental-health problems, and successful

drug-abuse treatment. 
-2-

We conclude Richardson’s sentence, which was at the bottom of the undisputed

advisory Guidelines range, was reasonable. See United States v. Feemster, 572 F.3d

455, 461, 464 (8th Cir. 2009) (en banc) (standard of review); United States v.

Sicaros-Quintero, 557 F.3d 579, 583 (8th Cir. 2009) (according a presumption of

reasonableness to a sentence at the bottom of the Guidelines range). There is no

indication in the record that the district court overlooked or misapplied any relevant

18 U.S.C. § 3553(a) factor, or gave significant weight to an improper or irrelevant

factor. See United States v. Stults, 575 F.3d 834, 849 (8th Cir. 2009) (explaining that

where the record reflected the district court made an individualized assessment based

upon the facts presented and specifically addressed defendant's proffered information

in the court’s consideration of the sentencing factors, the sentence was not

unreasonable). 

After reviewing the record independently under Penson v. Ohio, 488 U.S. 75

(1988), we find no nonfrivolous issues for appeal. We grant counsel’s motion to

withdraw, and we affirm the judgment. 

______________________________