alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Keith M. CASSELLS, Plaintiff-Appellant, v. D. MEHTA; et al., Defendants-Appellees.

No. 07-17024.

United States Court of Appeals, Ninth Circuit.

Submitted May 25, 2010.*

Filed June 14, 2010.

Keith M. Cassells, Vacaville, CA, pro se.

Oliver Robert Lewis, Deputy Attorney General, Catherine Woodbridge Guess, Deputy Assistant Attorney General, Office of the California Attorney General, Sacramento, CA, for Defendants-Appellees.

*687Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.

*

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

MEMORANDUM **

Keith M. Cassells, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs in violation of the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, *Toguchi v. Chung,*391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

Cassells contends that prison officials improperly delayed surgery on his spine, delayed post-surgical follow-up examinations, and denied his request for an egg-crate mattress. The district court, however, properly granted summary judgment because Cassells failed to raise a triable issue as to whether defendants were deliberately indifferent to his spine conditions. *See id.*at 1057 (a prison official acts with deliberate indifference only if he “knows of and disregards an excessive risk to inmate health and safety,” and “[mjere negligence in diagnosing or treating a medical condition, without more, does not violate a prisoner’s Eighth Amendment rights”) (internal quotation marks and citations omitted).

The district court did not abuse its discretion by denying Cassells’s motion for leave to file an amended complaint, because amendment would be futile. *See Gardner v. Martino,*563 F.3d 981, 990 (9th Cir.2009) (“We review the district court’s denial of leave to amend the complaint for abuse of discretion. A district court does not err in denying leave to amend where the amendment would be futile.”) (citations omitted).

Cassells’s remaining contentions are unpersuasive.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Michael McDONALD, petitioner, v. Julie L. JONES, Secretary, Florida Department of Corrections.

No. 15-9786.

Supreme Court of the United States

Nov. 28, 2016.

Petition for rehearing denied.
II-01085

From:

Sent:

To:

Subject:

Karen Lee <klee@ath.forthnet.gr>

Thursday, December 2, 2010 8:23 AM

dfadefinitions <dfadefinitions@CFTC.gov>

Re: No loopholes in Dodd-Frank

1) Securities and Exchange Commission/Commodities Futures Trading Commission, Re: Commercial Risk (CFTC RIN

3235-AK65, SEC File Number $7-12-10)

Dear Commissioners Shapiro and Gensler: Don’t let the American Bankers Association (ABA) redefine important terms like

"commercial risk" to keep banks that engage in risky derivatives trading from complying with transparency and business

conduct requirements. Commercial risk should not be expanded to include financial risk. Accepting the ABA argument

would open the door for exemptions for risky hedge funds and insurance companies.

2) Commodities Futures Trading Commission, Re: Position Limits (RIN 3038-AD 17 )

Dear Commissioner Gensler: The CFTC needs to set strong position limits to crack down on the energy and food commodity

speculation that serves no productive purpose. I urge the Commission to define limits that will address not only manipulation,

but also excessive speculation, which will require a stricter approach.

3) U.S. Department of the Treasury, Re: FX Swaps (75 FR 66426 Document Number 2010-27274)

Dear Secretary Geithner: Just say "no" to foreign exchange traders who want to exempt foreign currency derivatives from the

clearing and transparency requirements of the

Dodd-Frank Act. $4 trillion dollars a day is traded in these highly-leveraged swaps and this number may increase to over $10

trillion in a decade. As the head of the Financial

Stability Oversight Board your job is to decrease risk in the system, not encourage off-book trading and opaque markets.

Karen Lee

425 Broadmeadows Blvd

Columbus, OH 43214
Commodity Futures Trading Commission 

 Office of Public Affairs 

 Three Lafayette Centre 

 1155 21st Street, NW 

 Washington, DC 20581 

 www.cftc.gov

Interim Final Rule Regarding Reporting 

of Certain Post-Enactment Swap Transactions 

The Commodity Futures Trading Commission (CFTC) is announcing the publication in the Federal Register of an 

interim final rule governing the reporting of “transition” swaps—swaps entered into on or after the date of 

enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) and 

prior to the effective date of swap data reporting rules to implement Section 2(h)(5) of the CEA—to a registered 

swap data repository (SDR) or the Commission.

The Dodd-Frank Act established obligations related to the reporting of transition swaps to a 

registered swap data repository or to the Commission 

On July 21, 2010, Congress passed the Dodd-Frank Act, which amended the Commodity Exchange Act (CEA). 

Section 723 of the Dodd-Frank Act added Section 2(h)(5)(B) of the CEA to require that data related to transition 

swaps must be reported to a registered swap data repository or to the Commission on the later of 90 days after the 

effective date of such rules or at such other time after entering into the swap that the Commission may prescribe by 

rule or regulation. 

The Commission’s interim final rule governs the reporting requirements and implicit record 

retention obligations with respect to transition swaps. 

The interim final rule, § 44.03 of the Commission’s regulations, establishes a reporting requirement for transition 

swaps that will remain in effect until permanent reporting rules are promulgated by the Commission pursuant to 

Section 2(h)(5)(B) of the CEA. The interim final rule: 

• identifies the reporting timetable specified in Section 2(h)(5)(B) of the CEA 

• defines the term “transition swap” as used in the Part 44 rules 

• describes the information that should be preserved by counterparties until reporting can be effected under 

the permanent rules to be promulgated by the Commission pursuant to CEA Section 2(h)(5). 

Commodity Futures Trading Commission ♦ Office of Public Affairs ♦ 202-418-5080
Abel CEJA-LUA, petitioner, v. Loretta E. LYNCH, Attorney General.

No. 16-471.

Supreme Court of the United States

Jan. 23, 2017.

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

            DECISION No 2/2004 OF THE EC-MEXICO JOINT COUNCIL         

of 28 April 2004         

introducing a preferential tariff rate quota for certain products originating in Mexico and listed in Annex I to Decision No 2/2000 of the EC-Mexico Joint Council

(2004/805/EC)

THE JOINT COUNCIL,

Having regard to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, signed in Brussels on 8 December 1997,

Having regard to Decision No 2/2000 of the EC-Mexico Joint Council of 23 March 2000 (1) (Decision No 2/2000) and in particular Article 3(5) thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The European Community shall introduce a preferential tariff rate quota for tuna loins originating in Mexico, according to Annex III to Decision No 2/2000, as set out in the Annex to this Decision.

Article 2

From the third year onwards, the yearly quota increase will be conditional upon the exhaustion of the previous year’s quota. For the purposes of this Article the quota shall be considered exhausted if, at 31 December of each year, at least 80 % of the total amount available in the year under consideration has been used.

Article 3

The quota will be opened from the day of the entry into force of this Decision. From the second year onwards the quota will be opened on 1 January of each year.

Article 4

This Decision shall enter into force on the 30th day after that of its adoption.

Done at Brussels, 28 April 2004.

For the Joint Council

The President

L. E. DERBEZ            

----

(1)OJ L 157, 30.6.2000, p. 10. Decision as amended by Decision No 2/2002 (OJ L 133, 18.5.2002, p. 23).

----

ANNEX

European Community quota on tuna loins originating in Mexico classified under CN code 1604 14 16               

Yearly increase from year 3 onwards is subject to conditions laid down in Article 2 of this Decision. The quota is managed on a ‘first come, first served’ basis.

----
II-00461

From:

Sent:

To:

Subject:

Connie Eisele <connie.eisele@gmail.com>

Thursday, December 2, 2010 6:06 PM

dfadefinitions <dfadefinitions@CFTC.gov>

Re: No loopholes in Dodd-Frank

1) Securities and Exchange Commission/Commodities Futures Trading Commission, Re: Commercial Risk (CFTC PIN

3235-AK65, SEC File Number $7-12-10)

Dear Commissioners Shapiro and Gensler: Don’t let the American Bankers Association (ABA) redefine important terms like

"commercial risk" to keep banks that engage in risky derivatives trading from complying with transparency and business

conduct requirements. Commercial risk should not be expanded to include financial risk. Accepting the ABA argument

would open the door for exemptions for risky hedge funds and insurance companies.

2) Commodities Futures Trading Commission, Re: Position Limits (PIN 3038-AD 17 )

Dear Commissioner Gensler: The CFTC needs to set strong position limits to crack down on the energy and food commodity

speculation that serves no productive purpose. I urge the Commission to define limits that will address not only manipulation,

but also excessive speculation, which will require a stricter approach.

3) U.S. Department of the Treasury, Re: FX Swaps (75 FR 66426 Document Number 2010-27274)

Dear Secretary Geithner: Just say "no" to foreign exchange traders who want to exempt foreign currency derivatives from the

clearing and transparency requirements of the

Dodd-Frank Act. $4 trillion dollars a day is traded in these highly-leveraged swaps and this number may increase to over $10

trillion in a decade. As the head of the Financial

Stability Oversight Board your job is to decrease risk in the system, not encourage off-book trading and opaque markets.

Connie Eisele

3530 E Game Farm Road #68

SPRINGFIELD, OR 97477
Cesar Noel HERNANDEZ, petitioner, v. James A. YATES, Warden.

No. 16-6657.

Supreme Court of the United States

Dec. 12, 2016.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
# C_2011038EN.01001301.xml

| 5.2.2011 | EN | Official Journal of the European Union | C 38/13 |
| --- | --- | --- | --- |

5.2.2011

EN

Official Journal of the European Union

C 38/13

---

Judgment of the General Court of 16 December 2010 — HIT Trading and Berkman Forwarding v Commission

(Case T-191/09) (1)

1

(Customs Union - Importation of compact fluorescent lamps with integrated electronic ballasts (CFL-i) from Pakistan - Post-clearance recovery of import duties - Application for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92)

2011/C 38/21

Language of the case: Dutch

Parties

Parties

Applicant: HIT Trading BV (Lelystad, Netherlands); and Berkman Forwarding BV (Barendrecht, Netherlands) (represented by: A.T.M. Jansen, lawyer)

Applicant:

Defendant: European Commission (represented by: L. Bouyon and H. van Vliet, Agents, assisted by Y. van Gerven, lawyer)

Defendant:

Re:

Re:

Application for annulment of Commission Decision C(2009) 747 final of 12 February 2009, stating that the post-clearance entry in the accounts of certain import duties was justified and that the remission of such duties was not justified (File reference: REC 01/08).

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the application; |
| --- | --- |

1.

Dismisses the application;

| 2. | Orders Hit Trading BV and Berkman Forwarding BV to pay the costs. |
| --- | --- |

2.

Orders Hit Trading BV and Berkman Forwarding BV to pay the costs.

---

(1)  OJ C 180 of 1.8.2009

1

---
# C_2009069EN.01002902.xml

| 21.3.2009 | EN | Official Journal of the European Union | C 69/29 |
| --- | --- | --- | --- |

21.3.2009

EN

Official Journal of the European Union

C 69/29

---

Action brought on 30 January 2009 — Commission of the European Communities v Hellenic Republic

(Case C-44/09)

(2009/C 69/54)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (represented by: M. van Beek and M. Karanasou-Apostolopoulou)

Applicant:

Defendant: Hellenic Republic

Defendant:

Form of order sought

| — | declare that, by not adopting the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/113/EC (1) of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, or in any event by not notifying those provisions to the Commission, the Hellenic Republic has failed to fulfil its obligations under that directive; |
| --- | --- |

—

declare that, by not adopting the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/113/EC (1) of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, or in any event by not notifying those provisions to the Commission, the Hellenic Republic has failed to fulfil its obligations under that directive;

1

| — | order the Hellenic Republic to pay the costs. |
| --- | --- |

—

order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of Directive 2004/113/EC into domestic law expired on 21 December 2007.

---

(1)  OJ L 373 of 21.12.2004, p. 37.

1

---
II-00192

From:

Sent:

To:

Subject:

BRUCE BIRCH <imbrucebirch@yahoo.com>

Friday, December 3, 2010 9:14 PM

dfadefinitions <dfadefinitions@CFTC.gov>

Re: No loopholes in Dodd-Frank

1) Securities and Exchange Commission/Commodities Futures Trading Commission, Re: Commercial Risk (CFTC RIN

3235-AK65, SEC File Number $7-12-10)

Dear Commissioners Shapiro and Gensler: Don’t let the American Bankers Association (ABA) redefine important terms like

"commercial risk" to keep banks that engage in risky derivatives trading from complying with transparency and business

conduct requirements. Commercial risk should not be expanded to include financial risk. Accepting the ABA argument

would open the door for exemptions for risky hedge funds and insurance companies.

2) Commodities Futures Trading Commission, Re: Position Limits (RIN 3038-AD 17 )

Dear Commissioner Gensler: The CFTC needs to set strong position limits to crack down on the energy and food commodity

speculation that serves no productive purpose. I urge the Commission to define limits that will address not only manipulation,

but also excessive speculation, which will require a stricter approach.

3) U.S. Department of the Treasury, Re: FX Swaps (75 FR 66426 Document Number 2010-27274)

Dear Secretary Geithner: Just say "no" to foreign exchange traders who want to exempt foreign currency derivatives from the

clearing and transparency requirements of the

Dodd-Frank Act. $4 trillion dollars a day is traded in these highly-leveraged swaps and this number may increase to over $10

trillion in a decade. As the head of the Financial

Stability Oversight Board your job is to decrease risk in the system, not encourage off-book trading and opaque markets.

BRUCE BIRCH

2225 E. CENTENNIAL PKWY #101-16

NORTH LAS VEGAS, NV 89081-5625
Jerrell SIMS, petitioner, v. UNITED STATES.

No. 17-7322.

Supreme Court of the United States

Feb. 20, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
Abdullah Haneef IBN-SADIIKA, petitioner, v. John E. WETZEL, Secretary, Pennsylvania Department of Corrections, et al.

No. 16-9274.

Supreme Court of the United States

Oct. 2, 2017.

Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District denied.
|                                      |
|--------------------------------------|
|                                      |  |  |  |  |  |  |
| FAIRHOLME CAPITAL MANAGEMENT, L.L.C. |   | THE ST. JOE COMPANY     |
| By:                                  | /s/ Bruce R. Berkowitz |   | By: | /s/ Park Brady |
|                                 | Name: | Bruce R. Berkowitz |   |   | Name: | Park Brady |
|                                 | Title: | Managing Member |   |   | Title: | Chief Executive Officer |

----

|                                                                                   |
|-----------------------------------------------------------------------------------|
|                                                                                   |  |  |
|                                                                              | % of Investment Account* |
| Instrument                                                                        | Minimum | Maximum |
| Cash & Cash Equivalents** (Investment Grade)                                  | 50% | 100% |
| Investment in any one issuer, on a consolidated basis (excluding U.S. Government) | 0% | 15%*** |

|         |                                 |
|---------|---------------------------------|
| • | No investments in common equity |

|         |                                                     |
|---------|-----------------------------------------------------|
| • | All securities to be custodied in cash-only account |

|         |                                                                                                                                                                                                                    |
|---------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| • | No investments in shares of any fund advised by Manager (provided that, except as otherwise required by law, there shall be no restriction on investing in securities  or other instruments held by any such fund) |

|         |                                                                                                                                                                                                         |
|---------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| • | The average duration for fixed coupon bonds or fixed dividend preferred stock must be less than ten years. This restriction excludes variable interest rate bonds and variable dividend rate preferred. |
I 

116TH CONGRESS 

1ST SESSION H. R. 3758 

To amend title 49, United States Code, with respect to apportionments 

to small transit intensive cities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2019 

Mr. RODNEY DAVIS of Illinois (for himself, Mr. STANTON, Mr. PALAZZO, and 

Mr. PANETTA) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To amend title 49, United States Code, with respect to 

apportionments to small transit intensive cities, 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 ‘‘Small Community 

5 Transit Improvement Act of 2019’’. 

6 SEC. 2. APPORTIONMENTS. 

7 Section 5336(h)(3) of title 49, United States Code, 

8 is amended to read as follows: 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 3758 IH

1 ‘‘(3) of amounts not apportioned under para2 graphs (1) and (2), 3.0 percent shall be apportioned 

3 to urbanized areas with populations of less than 

4 200,000 in accordance with subsection (i);’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS
Domenic TRICOME, petitioner, v. PENNSYLVANIA.

No. 16-6521.

Supreme Court of the United States

Dec. 12, 2016.

Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office denied.
II-00441

From:

Sent:

To:

Subject:

Phyllis Arist <lesmotsdujour@sbcglobal.net>

Thursday, December 2, 2010 6:58 PM

dfadefinitions <dfadefinitions@CFTC.gov>

Re: No loopholes in Dodd-Frank

1) Securities and Exchange Commission/Commodities Futures Trading Commission, Re: Commercial Risk (CFTC RIN

3235-AK65, SEC File Number $7-12-10)

Dear Commissioners Shapiro and Gensler: Don’t let the American Bankers Association (ABA) redefine important terms like

"commercial risk" to keep banks that engage in risky derivatives trading from complying with transparency and business

conduct requirements. Commercial risk should not be expanded to include financial risk. Accepting the ABA argument

would open the door for exemptions for risky hedge funds and insurance companies.

2) Commodities Futures Trading Commission, Re: Position Limits (RIN 3038-AD 17 )

Dear Commissioner Gensler: The CFTC needs to set strong position limits to crack down on the energy and food commodity

speculation that serves no productive purpose. I urge the Commission to define limits that will address not only manipulation,

but also excessive speculation, which will require a stricter approach.

3) U.S. Department of the Treasury, Re: FX Swaps (75 FR 66426 Document Number 2010-27274)

Dear Secretary Geithner: Just say "no" to foreign exchange traders who want to exempt foreign currency derivatives from the

clearing and transparency requirements of the

Dodd-Frank Act. $4 trillion dollars a day is traded in these highly-leveraged swaps and this number may increase to over $10

trillion in a decade. As the head of the Financial

Stability Oversight Board your job is to decrease risk in the system, not encourage off-book trading and opaque markets.

Phyllis Arist

945 Ridge

Evanston, IL 60202
# C_2009267EN.01008403.xml

| 7.11.2009 | EN | Official Journal of the European Union | C 267/84 |
| --- | --- | --- | --- |

7.11.2009

EN

Official Journal of the European Union

C 267/84

---

Action brought on 10 September 2009 — Sukup v Commission

(Case F-73/09)

2009/C 267/153

Language of the case: French

Parties

Parties

Applicant: Viktor Sukup (Brussels, Belgium) (represented by: Stéphane Rodriguez and Christophe Bernard-Glanz, lawyers)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

Application for annulment of the decision of the ‘Office for administration and payment of individual rights’ of the European Commission refusing to grant the applicant dependant child allowance or education allowance.

Form of order sought

Form of order sought

| — | declare the action inadmissible; |
| --- | --- |

—

declare the action inadmissible;

| — | annul the decision adopted on 22 January 2009 by the Appointing Authority rejecting the applicant's claim and, in so far as necessary, the decision adopted on 29 May 2009 by the Appointing Authority rejecting his complaint; |
| --- | --- |

—

annul the decision adopted on 22 January 2009 by the Appointing Authority rejecting the applicant's claim and, in so far as necessary, the decision adopted on 29 May 2009 by the Appointing Authority rejecting his complaint;

| — | order the defendant to pay the costs. |
| --- | --- |

—

order the defendant to pay the costs.

---