alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Page 1 of 2

Case No. 4:11cv314-RH/GRJ

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

GARY RESIL,

Plaintiff,

v. CASE NO. 4:11cv314-RH/GRJ

JARED MILLER et al.,

Defendants.

_____________________________/

ORDER DISMISSING THE CLAIMS AGAINST 

THE WAKULLA COUNTY JAIL AND ICE

This case is before the court on the magistrate judge’s report and 

recommendation. ECF No. 14. The plaintiff has filed a paper he may have 

intended as an objection to the report and recommendation. ECF No. 15. I have 

reviewed the issues de novo. Upon consideration,

IT IS ORDERED:

The report and recommendation is ACCEPTED and adopted as the court’s 

opinion. The claims against the Wakulla County Jail and the United States 

Case 4:11-cv-00314-RH-GRJ Document 19 Filed 11/23/11 Page 1 of 2
Page 2 of 2

Case No. 4:11cv314-RH/GRJ

Immigration and Customs Enforcement are DISMISSED with prejudice. The case 

is remanded to the magistrate judge for further proceedings. 

SO ORDERED on November 22, 2011.

s/Robert L. Hinkle

United States District Judge

Case 4:11-cv-00314-RH-GRJ Document 19 Filed 11/23/11 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
unaudited consolidated condensed financial statements of Kysor Industrial
Corporation and Subsidiaries for the nine-months ended September 30, 1996 
and is qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK> 0000202356
<NAME> KYSOR INDUSTRIAL CORPORATION
<MULTIPLIER> 1,000
<CURRENCY> US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<EXCHANGE-RATE>                                      1
<CASH>                                          11,715
<SECURITIES>                                         0
<RECEIVABLES>                                   64,694
<ALLOWANCES>                                     2,500
<INVENTORY>                                     38,750
<CURRENT-ASSETS>                               123,657
<PP&E>                                         122,564
<DEPRECIATION>                                  66,899
<TOTAL-ASSETS>                                 232,588
<CURRENT-LIABILITIES>                           66,585
<BONDS>                                         43,075
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     19,256
<COMMON>                                         5,844
<OTHER-SE>                                      71,001
<TOTAL-LIABILITY-AND-EQUITY>                   232,588
<SALES>                                        289,637
<TOTAL-REVENUES>                               291,815
<CGS>                                          221,791
<TOTAL-COSTS>                                  269,857
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   418
<INTEREST-EXPENSE>                               1,649
<INCOME-PRETAX>                                 21,958
<INCOME-TAX>                                     8,125
<INCOME-CONTINUING>                             13,833
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    14,925
<EPS-PRIMARY>                                     2.34
<EPS-DILUTED>                                     2.06
        

</TABLE>
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 Transportation

###### Federal Motor Carrier Safety Administration

# AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), DOT.

# Time and Date:

 January 14, 2008, 1 p.m. to 5 p.m., and January 15, 2008, 8 a.m. to 12 p.m., Eastern Standard Time.

# Place:

 This meeting will take place at the Belleview Biltmore, 25 Belleview Boulevard, Clearwater, Florida 33756.

# Status:

 Open to the public.

# Matters to be Considered:

 The Unified Carrier Registration Plan Board of Directors (the Board) will continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement and to that end, may consider matters properly before the Board.

# FOR FURTHER INFORMATION CONTACT:

 Mr. Avelino Gutierrez, Chair, Unified Carrier Registration Board of Directors at (505) 827-4565.

Dated: December 27, 2007.

William A. Quade,

Associate Administrator for Enforcement and Program Delivery.

[FR Doc. 08-19 Filed 1-3-08; 12:20 pm]

BILLING CODE 4910-EX-P
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5504 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
115th CONGRESS
  2d Session
                                H. R. 5504

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
  at 4801 West Van Giesen Street in West Richland, Washington, as the 
         ``Sergeant Dietrich Schmieman Post Office Building''.

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

SECTION 1. SERGEANT DIETRICH SCHMIEMAN POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 4801 West Van Giesen Street in West Richland, Washington, 
shall be known and designated as the ``Sergeant Dietrich Schmieman Post 
Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Sergeant 
Dietrich Schmieman Post Office Building''.

            Passed the House of Representatives July 16, 2018.

            Attest:

                                                                 Clerk.
115th CONGRESS

  2d Session

                               H. R. 5504

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
  at 4801 West Van Giesen Street in West Richland, Washington, as the 
         ``Sergeant Dietrich Schmieman Post Office Building''.
```
EX-4.12



 Exhibit 4.12 

SECOND AMENDMENT 
 This Second
Amendment, effective as of the date set forth above the signatures of the parties below, amends the Exclusive Patent License Agreement dated October 24, 1997 (“AGREEMENT”) between the Massachusetts Institute of Technology
(“M.I.T.”), a Massachusetts corporation having its principal office at 77 Massachusetts Avenue, Cambridge, Massachusetts, 02139, USA and Cheung Laboratories, Inc. 

WHEREAS, in 1997 Cheung Laboratories, Inc. was renamed Celsion Corporation, and in 2000 it was reincorporated as a Delaware corporation
(‘‘LICENSEE”), presently having its principal office at 10220-L Old Columbia Road, Columbia, MD 21046-2364; 
 WHEREAS, the
AGREEMENT was previously amended on May 23, 2002; and 
 WHEREAS, UCENSEE and M.I.T. wish to modify the provisions of the AGREEMENT as
amended. 
 NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the parties hereby agree to modify the
AGREEMENT as follows: 
  

	 	1.	The due dates in Section 3.3 shall be extended by three (3) years. Therefore: 

  

	 	a.	in 3.3(a)(i), delete July 1, 2004 and replace with July 1, 2007 

  

	 	b.	in 3.3(a)(ii), delete June 1, 2005 and replace with June 1, 2008 

  

	 	c.	in 3.3(b)(i), delete June 1, 2004 and replace with June 1, 2007 

  

	 	d.	in 3.3(b)(ii), delete June 1, 2007 and replace with June 1, 2010 

  

	 	e.	in 3.3(b)(iii), delete June 1, 2008 and replace with June 1, 2011 

  

	 	2.	The due dates in Section 3.4 shall be extended by three (3) years. Therefore: 

  

	 	a.	delete 2005 and replace with 2008 

  

	 	b.	delete 2006 and replace with 2009 

  

	 	c.	delete 2007 and replace with 2010 

  

	 	d.	delete 2008 and replace with 2011 









	 	3.	In Section 4.1(a), the increase in the annual maintenance fees from $25,000 to $50,000 shall be postponed by three (3) years. Therefore, delete: 


 

					
	 January 1, 2006
	  	$	50,000	  

 and replace with: 
  

					
	 January 1, 2006
	  	$	25,000	  
	 January 1, 2007
	  	$	25,000	  
	 January 1, 2008
	  	$	25,000	  
	 January 1, 2009
	  	$	50,000	  

  

	 	4.	In Section 14, the address for Licensee shall be updated. Therefore, delete: 

 John Mon

 General Manager 
 Cheung
Laboratories 
 10220-I Old Columbia Road 

Columbia, MD 21046-1705 
 and
replace with: 
 John Mon 

Vice President-New Technology 

Celsion Corporation 
 10220-L
Old Columbia Road 
 Columbia, MD 21046-2364 

[Signature Page follows] 







 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal by their
duly authorized representatives. 
 The Effective Date of this First Amendment is 7 March 2005. 

 

									
	MASSACHUSETTS INSTITUTE OF TECHNOLOGY	 		 	CELSION CORPORATION
					
	By:	 	 /s/ Lita Nelson
	 		 	By:	 	 /s/ Augustine Y. Cheung

					
	Name:	 	 Lita L. Nelson
	 		 	Name:	 	 Augustine Y. Cheung

					
	Title:	 	 Director, Technology Licensing Office
	 		 	Title:	 	 President & CEO
<page>
					  EXHIBIT 32.01



CERTIFICATION OF PRESIDENT PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




In connection with the Quarterly Report of Morgan Stanley Managed
Futures LV, L.P. (the "Partnership") on Form 10-Q for the quarter
ended September 30, 2008, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Walter
Davis, President of Demeter Management Corporation, the general
partner of the Partnership, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that, to the best of my knowledge:
(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
results of operations of the Partnership.









By:    /s/Walter Davis

Name:		Walter Davis
Title:	President of Demeter Management Corporation,
			the general partner of the Partnership

Date:		November 20, 2008
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 the Treasury

###### Office of Thrift Supervision 

          - [AC-08: OTS Nos. 18040 and H-4364] 

Notice is hereby given that on February 12, 2007, the Assistant Managing Director, Examinations and Supervision—Operations, Office of Thrift Supervision, or her designee, acting pursuant to delegated authority, approved the application of Community Mutual Savings Bank, White Plains, New York, to convert to the stock form of organization. Copies of the application are available for inspection by appointment (phone number: 202-906-5922 or e-mail:) at the Public Reading Room, 1700 G Street, NW., Washington, DC 20552, and the OTS Northeast Regional Office, Harborside Financial Center Plaza Five, Suite 1600, Jersey City, New Jersey 07311. 

Dated: February 13, 2007. 

By the Office of Thrift Supervision. 

Sandra E. Evans, 

Legal Information Assistant. 

[FR Doc. 07-737 Filed 2-15-07; 8:45 am] 

BILLING CODE 6720-01-M
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-6286

UNITED STATES OF AMERICA,

 Plaintiff – Appellee,

v.

ADEWALE JOHNSON ALADEKOBA, a/k/a Jay Johnson, a/k/a Orlando 

Percival McGregory, a/k/a Wally,

 Defendant - Appellant.

Appeal from the United States District Court for the District of 

Maryland, at Baltimore. William M. Nickerson, Senior District 

Judge. (1:93-cr-00018-WMN-3; 1:12-cv-000924-WMN)

Submitted: July 25, 2013 Decided: July 29, 2013

Before GREGORY, DAVIS, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Adewale Johnson Aladekoba, Appellant Pro Se. Jefferson McClure 

Gray, Assistant United States Attorney, Baltimore, Maryland, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Adewale Johnson Aladekoba seeks to appeal the district 

court’s order denying his motion to reconsider its order denying 

his 28 U.S.C.A. § 2255 (West Supp. 2013) motion as successive

and unauthorized. The order is not appealable unless a circuit 

justice or judge issues a certificate of appealability. 28 

U.S.C. § 2253(c)(1)(B) (2006). 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) (2006). When the 

district court denies relief on the merits, a prisoner satisfies 

this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional 

claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 

484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(2003). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive 

procedural ruling is debatable, and that the motion states a 

debatable claim of the denial of a constitutional right. Slack, 

529 U.S. at 484-85. 

We have independently reviewed the record and conclude 

that Aladekoba has not made the requisite showing. Accordingly, 

we deny a certificate of appealability and dismiss the appeal.

Additionally, we construe Aladekoba’s notice of appeal 

and informal brief as an application to file a second or 
3

successive § 2255 motion. United States v. Winestock, 340 F.3d 

200, 208 (4th Cir. 2003). In order to obtain authorization to 

file a successive § 2255 motion, a prisoner must assert claims 

based on either:

(1) newly discovered evidence that . . . would be 

sufficient to establish by clear and convincing 

evidence that no reasonable factfinder would have 

found the movant guilty of the offense; or

(2) a new rule of constitutional law, made retroactive 

to cases on collateral review by the Supreme Court, 

that was previously unavailable.

28 U.S.C.A. § 2255(h) (West Supp. 2013). Aladekoba’s claims do 

not satisfy either of these criteria. Therefore, we deny 

authorization to file a successive § 2255 motion.

We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 

before this court and argument would not aid the decisional 

process.

DISMISSED
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________

No. 1D 2022

- 2247

_____________________________

B RITTNEY C UNNINGHAM

, L.P.N.

,

Appellant,

v.

F LORIDA D EPARTMENT OF H EALTH

,

Appellee.

_____________________________

On appeal from the Florida Department of Health, Board of Nursing

. Maggie Hansen, MHSc, RN, Chair

.

January 3, 2024

R AY

, J

.

Brittney Cunningham challenges a final order of the F lorida Board of Nursing revoking her nursing license for engaging in unprofessional conduct in violation of section 464.018(1)(h),
Florida Statutes (202 1 ) (authorizing disciplinary action for unprofessional conduct) , and rule 64B9

- 8.005(14), Florida
Administrativ e Code (defining that conduct to include using abusive, threatening or foul language in front of a patient or directing such language toward a patient). We affirm

, without
further discussion

, that part of the order finding that she failed to timely submit an Election of Rights form and thus waived her right to a formal hearing.2 But as the Department correctly concedes, the Board erroneously believed that revocation of Cunningham’s license was the minimum penalty that could be imposed and mitigating factors would be needed to deviate below that penalty. Instead, license revocation was outside the guidelines and required a specific showing of aggravating circumstances. See Fla. Admin. Code R.
64B9

- 8.006(3)(f) (setting the minimum penalty for a first offense of unprofessional conduct at a reprimand, $250 fine, and continuing education; setting the maximum penalty at a $500 fine and probation); id. at (5)(a)

– (b) (allowing the Board to deviate from those guideline penalties upon a showing of aggravating or mitigat ing circumstances, and enumerating a non

- exhaustive list of circumstances the Board may consider)

. In imposing a penalty outside the guidelines, the Board must make “[a] specific finding in the final order of mitigating or aggravating circumstances.” § 456.079(3), Fla. Stat. (20 2 2). The Board failed to do so here.

We thus set aside the final order as to the penalty imposed and remand for further proceedings consistent with this opinion.
See § 120.68(7)(e)2., 4., Fla. Stat. (202 3 ) (requiring an appellate court to remand a case to the agency for further proceedings or set aside agency action when the agency has exercised its discretion inconsistent with an agency rule or in violation of a statutory provision).

A FFIRMED in part, S ET A SIDE in part, and R EMANDED

.

R OWE and N ORDBY

, JJ., concur

.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or

9.331

.

_____________________________

Lance O. Leider of The Health Law Firm, P.A., Altamonte Springs, for Appellant.3 Sarah Young Hodges, Chief Appellate Counsel, Florida Department of Health, Tallahassee, for Appellee.
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 Interior National Park Service
 AGENCY: National Park Service, Interior.
 ACTION: Public notice.
 DATES: *Effective Date:*
                         October 1, 2007.
 FOR FURTHER INFORMATION CONTACT: Jo A. Pendry, Concession Program Manager, National Park Service, 
                        ( print page 68179)
                        Washington, DC 20240, Telephone, 202/513-7156.
 SUMMARY: Pursuant to the terms of existing concession contracts, public notice is hereby given that the National Park Service intends to request a continuation of visitor services for a period not-to-exceed 1 year from the date of contract expiration.


SUPPLEMENTARY INFORMATION: The contracts listed below have been extended to maximum allowable under 36 CFR 51.23. Under the provisions of current concession contracts and pending the completion of the public solicitation of a prospectus for a new concession contract, the National Park Service authorizes continuation of visitor services for a period not-to-exceed 1 year under the terms and conditions of the current contract as amended. The continuation of operations does not affect any rights with respect to selection for award of a new concession contract. Concession
Contract number
Concessioner name
ParkBIBE002-82
Forever NPC Resorts, LLC
Big Bend National Park.LAME004-88
Lake Mead Ferry Service, Inc
Lake Mead National Recreation Area.OLYM003-82
Forever NPC Resorts, LLC
Olympic National Park.SLBE005-87
G. Michael Grosvenor
Sleeping Bear Dunes National Lakeshore.STLI001-89
Circle Line-Statue of Liberty Ferry, Inc
Statue of Liberty National Monument.
 Dated: October 3, 2007. Katherine H. Stevenson, Acting Assistant Director, Business Services.


[FR Doc. 07-5924 Filed 12-3-07; 8:45 am] BILLING CODE 4312-53-M