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

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

MICHAEL ALLEN EDMONDS, JR.,

Plaintiff,

v. Case No. 3:11cv133/MCR/EMT

WALTER McNEIL, et al.,

Defendants.

_________________________________/

ORDER

This cause comes on for consideration upon the magistrate judge’s Report and

Recommendation dated June 6, 2011 (Doc. 11). The court attempted to furnish the

Plaintiff a copy of the Report and Recommendation and afford him an opportunity to file

objections pursuant to Title 28, United States Code, Section 636(b)(1), but the mail was

returned as undeliverable. According to the notice received from the Florida Department

of Corrections (“FDOC”), the Plaintiff was released from custody on May 9, 2011, and the

FDOC is unable to forward mail to him. The court would also note that the plaintiff has not

contacted the court to advise the court of his release or to provide an address to which

court documents may be sent.

Having considered the Report and Recommendation, I have determined that the

Report and Recommendation should be adopted for the reasons set forth therein. The

court also finds that the Plaintiff has failed to prosecute this action and effectively

abandoned his claims.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this order.

2. This case is DISMISSED without prejudice for Plaintiff’s failure to comply 

with an order of the court, as set forth in the Report and Recommendation, and also

because the Plaintiff has failed to prosecute the case and effectively abandoned his

Case 3:11-cv-00133-MCR-EMT Document 13 Filed 07/29/11 Page 1 of 2
Page 2 of 2

claims.

DONE AND ORDERED this 29th day of July, 2011.

s/ M. Casey Rodgers 

M. CASEY RODGERS

CHIEF UNITED STATES DISTRICT JUDGE

Case No: 3:11cv133/MCR/EMT

Case 3:11-cv-00133-MCR-EMT Document 13 Filed 07/29/11 Page 2 of 2
F I L E D

United States Court of Appeals

Tenth Circuit

APR 13 1998

PATRICK FISHER

Clerk

PUBLISH

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

MICHELLE GLOVER,a natural

person and citizen of the United

Kingdom,

Plaintiff - Appellant,

v.

VAIL CORPORATION, doing

business as Vail Associates, Inc., a

Colorado corporation; VAIL

ASSOCIATES, INC., a Colorado

corporation; VAIL ASSOCIATES

HOLDINGS, LTD., a Colorado

corporation; VAIL HOLDINGS, INC.,

a Colorado corporation,

Defendants - Appellees.

No. 97-1100

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

(D. Ct. No. 96-B-394)

Michael J. Roche (John B. Moorhead with him on the briefs), of Baker &

Hostetler, LLP, Denver, Colorado, for Plaintiff-Appellant.

David H. Yun (Stephen Hopkins with him on the brief), of Long & Jaudon, P.C.,

Denver, Colorado, for Defendants-Appellees.

Before TACHA, McKAY, and EBEL, Circuit Judges.
- 2 -

TACHA, Circuit Judge.

We AFFIRM the holding of the district court for substantially the same

reasons discussed by the district court in its published opinion. See Glover v.

Vail Corp., 955 F. Supp. 105 (D. Colo. 1997).
[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Notices]
[Page 8357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-854]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Defense Advisory Committee on Military Personnel Testing

AGENCY: Under Secretary of Defense for Personnel and Readiness, DoD.

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to Public Law 92-463, notice is hereby given that a 
meeting of the Defense Advisory Committee on Military Personnel Testing 
is scheduled to be held. The purpose of the meeting is to review 
planned changes and progress in developing computerized and paper-and-
pencil enlistment tests.

DATES: March 29, 2007, from 8 a.m. to 4 p.m., and March 30, from 8 a.m. 
to 4 p.m.

ADDRESSES: The meeting will be held at Humphrey's Half Moon Inn, 2303 
Shelter Island Drive, San Diego, California 92106.

FOR FURTHER INFORMATION CONTACT: Dr. Jane M. Arabian, Assistant 
Director, Accession Policy, Office of the Under Secretary of Defense 
(Personnel and Readiness), Room 2B721, The Pentagon, Washington, DC 
20301-4000, telephone (703) 697-9271.

SUPPLEMENTARY INFORMATION: Persons desiring to make oral presentations 
or submit written statements for consideration at the Committee meeting 
must contact Dr. Jane M. Arabian at the address or telephone number 
above no later than March 20, 2007.

    Dated: February 16, 2007.
C.R. Choate,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 07-854 Filed 2-23-07; 8:45 am]
BILLING CODE 5001-07-M
United States Court of Appeals

For the Eighth Circuit 

___________________________

No. 22-2338

___________________________

 

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Daejon Putman

lllllllllllllllllllllDefendant - Appellant

____________

Appeal from United States District Court

for the Northern District of Iowa - Eastern

____________

Submitted: November 30, 2022

Filed: December 5, 2022

[Unpublished]

____________

Before LOKEN, MELLOY, and STRAS, Circuit Judges.

____________

PER CURIAM.

The district court1 sent Daejon Putman back to prison after he committed three 

supervised-release violations. He disputes two of them, claiming that one rested on 

improperly admitted hearsay and that he lacked the intent to commit the other.

1

The Honorable Linda R. Reade, United States District Judge for the Northern 

District of Iowa.
-2-

Neither challenge succeeds. The admission of hearsay was harmless because 

Putman’s own admissions confirmed the relevant facts. See United States v. Black 

Bear, 542 F.3d 249, 255–56 (8th Cir. 2008). And it was not clearly erroneous for 

the district court to infer that he intended to permanently destroy a cellphone when 

he threw it onto a concrete parking lot from a second-floor balcony. See State v. 

Schminkey, 597 N.W.2d 785, 789 (Iowa 1999) (stating that theft under Iowa law 

requires “an intent to permanently deprive the owner of [her] property”); see also 

United States v. Petersen, 848 F.3d 1153, 1156 (8th Cir. 2017) (reviewing the factual 

findings underlying the decision to revoke supervised release for clear error). We 

accordingly affirm the judgment of the district court.

______________________________
2009 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

4-24-2009

USA v. Olhovsky

Precedential or Non-Precedential: Precedential

Docket No. 07-1642

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2009

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2009 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"USA v. Olhovsky" (2009). 2009 Decisions. Paper 1427.

http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1427
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_____________________

No: 07-1642

_____________________

UNITED STATES OF AMERICA

v.

NICOLAU OLHOVSKY,

 Appellant

____________________

On Appeal from Judgments of Conviction and Sentence

in the United States District Court

for the District of New Jersey

District Judge: Hon. Stanley R. Chesler

(Crim. No. 06-cr-00263)

____________________

Argued: March 26, 2008

Before: McKEE, RENDELL, and TASHIMA 

Circuit Judges

_____________________

ORDER AMENDING OPINION

IT IS HEREBY ORDERED that the Opinion filed in this case on April

16, 2009, be amended as follows:

On page 6, immediately before the paragraph beginning

“Prior to sentencing, Olhovsky participated in mental health

counseling . . . ,” insert the following sub-heading: 

A. Pretrial Counseling and Dr. Silverman’s Letter
BY THE COURT:

 

/s/ Theodore A. McKee

 CIRCUIT JUDGE

Dated: April 24, 2009
FI L ED U.S. COURT OF APPEAL S EL EVENTH CI RCUI T NOV 16, 2010 J OHN L EY CL ERK [ D O N O T P U B L I S H ]

I N T H E U N I T E D S T A T E S C O U R T O F A P P E A L S

F O R T H E E L E V E N T H C I R C U I T

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
N o

. 0 9

- 1 1 6 4 9 N o n
- A r g u m e n t C a l e n d a r

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
D

. C

. D o c k e t N o

. 0 8

- 0 0 0 3 3

- C V

- 1

L I N D S E Y N E L S O N , J R

. ,

P e t i t i o n e r
- A p p e l l a n t ,

v e r s u s

D A V I D L

. F R A Z I E R , W a r d e n ,

R e s p o n d e n t

- A p p e l l e e

.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
A p p e a l f r o m t h e U n i t e d S t a t e s D i s t r i c t C o u r t f o r t h e S o u t h e r n D i s t r i c t o f G e o r g i a

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ( N o v e m b e r 1 6 , 2 0 1 0 )

B e f o r e B A R K E T T , M A R C U S a n d P R Y O R , C i r c u i t J u d g e s

.

P E R C U R I A M :

L i n d s e y N e l s o n J r

. , a G e o r g i a p r i s o n e r , a p p e a l s p r o s e t h e d e n i a l o f h i sp e t i t i o n f

o r a w r i t o f h a b e a s c o r p u s

. 2 8 U

. S

. C

. § 2 2 5 4

. W e g r a n t e d a c e r t i f i c a t e o f

a p p e a l a b i l i t y t o r e s o l v e “ [ w ] h e t h e r t h e d i s t r i c t c o u r t e r r e d i n f i n d i n g t h a t N e l s o n ’ s

c l a i m o f a n u n l a w f

u l s e n t e n c e w a s p r o c e d u r a l l y d e f a u l t e d ” w h e n t h e s t a t e c o u r t

r u l e d t h a t “ t h e c l a i m w a s p r o c e d u r a l l y d e f a u l t e d o r b a r r e d b y r e s j u d i c a t a

. ” I n h i s

b r i e f , N e l s o n c o n c e d e s t h a t h i s c l a i m o f a n u n l a w f u l s e n t e n c e i s p r o c e d u r a l l y

d e f a u l t e d , “ s o t h a t i s s u e h a s b e e n a b a n d o n e d a n d i s n o l o n g e r b e f o r e u s

. ” P u g h v

.
S m i t h , 4 6 5 F

. 3 d 1 2 9 5 , 1 2 9 8 ( 1 1 t h C i r

. 2 0 0 6 )

. N e l s o n i n s t e a d c h a l l e n g e s h i s

c o n v i c t i o n a n d s e n t e n c e , b u t w e w i l l n o t a d d r e s s h i s a r g u m e n t s b e c a u s e t h e y a r e

o u t s i d e t h e s c o p e o f t h e c e r t i f i c a t e o f a p p e a l a b i l i t y

. R h o d e v

. U n i t e d S t a t e s , 5 8 3

F

. 3 d 1 2 8 9 , 1 2 9 1 ( 1 1 t h C i r

. 2 0 0 9 )

. W e a f f i r m t h e d e n i a l o f N e l s o n ’ s p e t i t i o n

.

A F F I R M E D

.

2
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. UNITED STATES COURT OF APPEALS for the Fifth Circuit

_____________________________________

No. 96-30709

_____________________________________

JAMES COLEMAN Plaintiff-Appellant,
VERSUS RICHARD L. STALDER, Etc. Et Al, Defendants-Appellees

______________________________________________________ Appeal from the United States District Court for the Western District of Louisiana

(95-CV-1380-S)

______________________________________________________ December 10, 1997 Before DAVIS, JONES, and DENNIS, Circuit Judges.
PER CURIAM: * AFFIRMED. See Local Rule 47.6.
[Federal Register Volume 72, Number 36 (Friday, February 23, 2007)]
[Notices]
[Page 8164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-813]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Office of the National Coordinator for Health Information 
Technology; American Health Information Community Personalized 
Healthcare Workgroup Meeting

ACTION: Announcement of meeting.

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

SUMMARY: This notice announces the 3rd meeting of the American Health 
Information Community Personalized Healthcare Workgroup in accordance 
with the Federal Advisory Committee Act (Pub. L. 93-463, 5 U.S.C., 
App.).

DATES: March 12, 2007, from 9 a.m. to 3 p.m.

ADDRESSES: Hubert H. Humphrey Building (200 Independence Avenue, SW., 
Washington, DC 20201, Conference Room 705A). Please bring photo ID for 
entry to a Federal building.

FOR FURTHER INFORMATION CONTACT: http://www.hhs.gov/healthit/ahic/healthcare/.

SUPPLEMENTARY INFORMATION: The Workgroup will begin discussion on 
possible common data standards to incorporate interoperable, clinically 
useful genetic laboratory test data, family history information, and 
analytical tools into Electronic Health Records (EHR) to support 
clinical decisionmaking for the health care provider and patient.
    Instructions to participate via Web cast are posted at http://www.hhs.gov/healthit/ahic/healthcare/phe_instruct.html.

    Dated: February 14, 2007.
Judith Sparrow,
Director, American Health Information Community, Office of Programs and 
Coordination, Office of the National Coordinator for Health Information 
Technology.
[FR Doc. 07-813 Filed 2-22-07; 8:45 am]
BILLING CODE 4150-24-M
1

Assessment of Non-NIOSH Approved Innovative FFRs

Organization: Narwall Mask LLC

Date Tested: 1.26.2021

Respirator Model(s): Filter disks tested from Narwall Mask (size S/M and Narwall Mask size L/XL)

Tests: Filtration efficiency with NaCl (modified version of STP-0059)

Innovation: Overhead snorkel with custom filter media

This test result is for a filtering facepiece mask not approved by NIOSH or by any other international standards 

(e.g., China-KN95, Korea KFN94, UK FFP2 & FFP3, Australia P2, P3, Japan DS/DL2 & DS/DL3). The test conducted 

for this report is for filtration efficiency and is not equivalent to the test for NIOSH respirator certification per 

NIOSH test procedure STP-0059.

This assessment provides the filtration performance of an innovative respirator using a modified version of

NIOSH test procedure STP-0059. This assessment does not include an evaluation of the fit of these respirators. 

Use of these innovative respirators in occupational settings would be contingent upon approval by the

appropriate regulatory agency. 

Filtration Efficiency Results: The minimum and maximum filter efficiencies were 82.8% and 85.2%, respectively. 

All five respirators measured efficiencies less than 95%. See Table 1.
2

 

Figure 1: Narwall Mask LLC front (left image), side (middle image) and interior (right image) views. 

The filter is shown in the red circle and was removed for filtration testing. 

Figure 2. Laboratory Test Photo (TSI, Inc. 8130 filter tester). Due to the design of this respirator, the 

filter housing was removed from the device and tested for filtration. 
3

Table 1. Filter Efficiency Evaluation

Notes:

• The test method utilized in this assessment is not the NIOSH standard test procedure that is used for certification 

of respirators. Respirators assessed to this modified test plan do not necessarily meet the requirements of STP0059, and therefore cannot be considered equivalent to N95 respirators that were tested to STP-0059. 

• BOLD filter efficiencies < 95%.

Respirator 

Model

Sample 

#

Flow 

Rate

(Lpm)

Initial 

Filter 

Resistance

(mmH2O)

Initial 

Percent 

Leakage

(%) 

(1 min)

Final 

Percent 

Leakage 

(%) 

(5 min)

Percent 

Leakage 

Variance 

(%)

Maximum 

Percent 

Leakage 

(%)

Filter 

Efficiency 

(%)

Narwall 

Mask 

Min Fil Eff: 

82.8

Max Fil Eff:

85.2

1

85 23.1 8.10 15.9 -7.80 15.9 84.1

2

85 21.1 7.85 17.2 -9.35 17.2 82.8

3

85 18.0 7.10 16.2 -9.10 16.2 83.8

4

85 25.0 7.74 14.9 -7.16 14.9 85.1

5

85 22.7 6.53 14.8 -8.27 14.8 85.2
EXHIBIT 32.2

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

I, Rene Ponce,  Chief  Financial  Officer of Bio-Clean,  Inc.  (the  "Company"),
hereby  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:

     (i)  the  Quarterly  Report on Form 10-Q of the  Company,  for the  quarter
          ended June 30, 2010,  and to which this  certification  is attached as
          Exhibit 32.1 (the "Report")  fully complies with the  requirements  of
          Section  13(a) or 15(d) of the  Securities  Exchange  Act of 1934,  as
          amended; and

     (ii) the  information  contained  in the  Report  fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of the Company.


                                      By: /s/ Rene Ponce
                                         ---------------------------------------
                                      Name:  Rene Ponce
                                      Title: Chief Financial Officer
                                             (Principal Financial Officer)

                                      Date:  August 13, 2010

A signed  original  of this  written  statement  required  by Section 906 of the
Sarbanes-Oxley  Act of 2002  has been  provided  to the  Registrant  and will be
retained  by the  Registrant  and  furnished  to  the  Securities  and  Exchange
Commission or its staff upon request.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5412 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 5412

 To designate the facility of the United States Postal Service located 
at 25 2nd Avenue in Brentwood, New York, as the ``Army Specialist Jose 
                    L. Ruiz Post Office Building''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2018

    Mr. King of New York (for himself, Mr. Collins of New York, Mr. 
 Serrano, Mr. Meeks, Miss Rice of New York, Mr. Faso, Mr. Sean Patrick 
    Maloney of New York, Ms. Tenney, Mr. Zeldin, Ms. Velazquez, Mr. 
 Espaillat, Mr. Katko, Mr. Tonko, Mr. Higgins of New York, Mr. Suozzi, 
Mr. Engel, Mr. Donovan, Mr. Reed, Ms. Meng, Ms. Stefanik, Mr. Jeffries, 
  Mrs. Lowey, Ms. Clarke of New York, Mrs. Carolyn B. Maloney of New 
York, and Mr. Nadler) introduced the following bill; which was referred 
          to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
at 25 2nd Avenue in Brentwood, New York, as the ``Army Specialist Jose 
                    L. Ruiz Post Office Building''.

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

SECTION 1. ARMY SPECIALIST JOSE L. RUIZ POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 25 2nd Avenue in Brentwood, New York, shall be known and 
designated as the ``Army Specialist Jose L. Ruiz 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 ``Army 
Specialist Jose L. Ruiz Post Office Building''.
                                 <all>
```
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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                    
                -                       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.                  

###### Broadcasting Board of Governors

# SUMMARY:

                        Title 5 United States Code, Section 4314, requires that notice of the appointment of an individual to serve as a member of a performance review board shall be published in the                         **Federal Register.**                         The following individuals have been appointed to serve as PRB members for BBG; Laura Marin; Anne Purcell; and Gary Shinners.                    

# ADDRESSES:

Broadcasting Board of Governors, 330 Independence Ave., SW., Washington, DC 20237.

# FOR FURTHER INFORMATION CONTACT:

Prell Murphy, Acting Director of Human Resources; telephone (202) 619-3763.

Dated: February 21, 2007.

Janice H. Brambilla,

Executive Director.

[FR Doc. 07-901 Filed 2-27-07; 8:45 am]

BILLING CODE 8230-01-M