alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ORlG\NAL 

Wniteb ~tates ~ourt of jf eberal ~laitns 

CEDRIC TYRONE WALKER, 

Plaintiff, 

v. 

THE UNITED STATES, 

Defendant. 

No. 18-0006 C 

Filed: January 31, 2018 FILED 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

JAN 3 1 2018 

U.S. COURT OF 

FEDERAL CLAIMS 

Pro Se; Lack of Subject Matter of 

Jurisdiction; In Forma Pauperis 

Application 

_ _ ___ __________ ) 

ORDER 

SMITH, Senior Judge 

On January 2, 2018, plaintiff, proceedingpro se, filed a complaint in this Comt and 

concurrently filed an informa pauperis application seeking leave to proceed without paying the 

Court filing fee. Plaintiff, a prisoner incarcerated in Florida, alleges that the Federal Bureau of 

Prisons in Lewisburg, Pennsylvania subjected him to cruel and unusual punishment in violation 

of his Eighth Amendment rights. Mr. Walker is seeking compensatory and punitive damages, as 

well as a trial by jury. 

This Comt's jurisdictional grant is primarily defined by the Tucker Act, which provides 

this Comi the power "to render any judgment upon any claim against the United States founded 

either upon the Constitution, or any Act of Congress or any regulation of an executive 

department, or upon any express or implied contract with the United States .. . in cases not 

sounding in tort." 28 U.S.C. § 1491(a)(l). Although the Tucker Act expressly waives the 

sovereign immunity of the United States against such claims, it "does not create any substantive 

right enforceable against the United States for money damages." United States v. Testan, 424 

U.S. 392, 398 (1976). Rather, in order to fall within the scope of the Tucker Act, "a plaintiff 

must identify a separate source of substantive law that creates the right to money damages." 

Fisher v. United States, 402 F.3d 1167, 1172 (Fed. Cir. 2005) (en bane in relevant part). 

Upon sua sponte review, this Comi finds plaintiffs allegations do not give rise to any 

cause of action over which this Comt has subject-matter jurisdiction. The Eighth Amendment is 

"not a money-mandating provision," and, accordingly, this Court lacks jurisdiction over Mr. 

Walker's claims of cruel and unusual punishment. Edelmann v. United States, 76 Fed. Cl. 376, 

383 (2007); see also Trafny v. United States, 503 F.3d 1339, 1340 (Fed. Cir. 2007) (per curiam); 

Hardin v. United States, 123 Fed. Cl. 667, 671 (2015). The Comi has no authority to decide 

7016 3010 DODD 4308 3808 
plaintiffs case, and therefore must dismiss the Complaint pursuant to Rule 12(h)(3) of the Rules 

of the United States Court of Federal Claims ("RCFC"). 

In consideration of the above, the motion to proceed informa pauperis is GRANTED 

and plaintiffs complaint is DISMISSED, pursuant to RCFC 12(h)(3). The Clerk is hereby 

directed to take the necessary steps to dismiss this matter. 

IT IS SO ORDERED. 

Thomas C. Wheeler, Judge 

For Loren A. Smith, Senior Judge 

- 2 -
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-6341

IVEY WALKER,

Petitioner - Appellant,

v.

UNITED STATES OF AMERICA,

Respondent – Appellee,

and

N. L. CONNOR, Warden,

Respondent.

Appeal from the United States District Court for the Western 

District of North Carolina, at Charlotte. Max O. Cogburn, Jr., 

District Judge. (3:02-cv-00066-MOC)

Submitted: July 17, 2012 Decided: August 1, 2012

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Ivey Walker, Appellant Pro Se. Amy Elizabeth Ray, Assistant 

United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Ivey Walker seeks to appeal the district court’s order 

denying his motion for leave to amend his previously denied 28 

U.S.C.A. § 2255 (West Supp. 2012) motion. 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 Walker has not made the requisite showing. Accordingly, we 

deny a certificate of appealability and dismiss the appeal. We 

dispense with oral argument because the facts and legal 
3

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process.

DISMISSED
<PAGE>   1


                                                                 Exhibit 10.23

             SCHEDULE TO FORM OF NHP SECOND SERIES OPTION AGREEMENT
        FILED PURSUANT TO INSTRUCTION 2 TO ITEM 601(a) OF REGULATION S-K

<TABLE>
<CAPTION>

Facility
Location                              Company                         Management Firm
--------                              -------                         ----------------
<S>                                   <C>                             <C>
Pensacola, FL                         C&G Healthcare                  Balanced Care at Pensacola, Inc.
                                      of Pensacola, LLC

Tallahassee, FL                       C&G Healthcare                  Balanced Care at Tallahassee, Inc.
                                      of Tallahassee, LLC

Hagerstown, MD                        C&G Healthcare                  Balanced Care at Hagerstown, Inc.
                                      of Hagerstown, LLC

Johnson City, TN                      C&G Healthcare                  Balanced Care at Johnson City, Inc.
                                      of Johnson City, LLC

Teay's Valley, WV                     C&G Healthcare                  Balanced Care at Teay's Valley, Inc.
                                      of Teay's Valley, LLC
</TABLE>
I 

115TH CONGRESS 

2D SESSION H. R. 5927 

To amend the Public Health Service Act to expand, intensify, and coordinate 

research and other activities of the National Institutes of Health with 

respect to prenatal opioid exposure and neonatal abstinence syndrome. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2018 

Mr. SOTO (for himself and Mr. FITZPATRICK) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Public Health Service Act to expand, intensify, 

and coordinate research and other activities of the National Institutes of Health with respect to prenatal opioid 

exposure and neonatal abstinence syndrome. 

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 ‘‘Neonatal Abstinence 

5 Syndrome Best Practice Act’’. 


amozie on DSK3GDR082PROD with BILLS
2 

•HR 5927 IH

1 SEC. 2. RESEARCH ON PRENATAL OPIOID EXPOSURE AND 

2 NEONATAL ABSTINENCE SYNDROME. 

3 Part B of title IV of the Public Health Service Act 

4 is amended by inserting after section 409J (42 U.S.C. 

5 284q) the following new section: 

6 ‘‘SEC. 409K. PRENATAL OPIOID EXPOSURE AND NEONATAL 

7 ABSTINENCE SYNDROME. 

8 ‘‘(a) RESEARCH.—The Director of NIH shall expand, 

9 intensify, and coordinate research and other activities of 

10 the National Institutes of Health with respect to the pre11 vention, identification, and treatment of prenatal opioid 

12 exposure and neonatal abstinence syndrome. Such re13 search and activities shall include the evaluation of treat14 ment options, including with respect to— 

15 ‘‘(1) the impact on short-term and long-term 

16 clinical outcomes and costs of pharmacological and 

17 non-pharmacological treatment options for infants 

18 with opioid withdrawal syndrome; and 

19 ‘‘(2) innovative care models to transition moth20 ers and babies affected by such exposure and syn21 drome out of the hospital through outpatient follow22 up programs and other interdisciplinary post-dis23 charge programs. 

24 ‘‘(b) BEST PRACTICES.—Based on the research and 

25 activities conducted pursuant to subsection (a), the Direc26 tor of NIH shall— 


amozie on DSK3GDR082PROD with BILLS
3 

•HR 5927 IH

1 ‘‘(1) establish, and update as necessary, best 

2 practices for screening and treating pregnant women 

3 for opioid use disorder and for screening for neo4 natal abstinence syndrome and opioid withdrawal 

5 syndrome among infants exposed to opioids during 

6 pregnancy; and 

7 ‘‘(2) disseminate such best practices to inter8 ested stakeholders.’’. 

Æ 


amozie on DSK3GDR082PROD with BILLS
AGENDA

Advisory Board on Radiation and Worker Health - Meeting 156

February 14, 2024

Teleconference Phone: +1 866 659 0537

Participant Code: 9933701

11:00 a.m. (Eastern Time) Start

• Roll call - Dr. Rashaun Roberts, DFO

• Welcome - Dr. Henry Anderson, ABRWH Chair

• Update on Cybersecurity Modernization Initiative - Mr. Grady Calhoun, DCAS

• Special Exposure Cohort (SEC) Status Update - Mr. Chuck Nelson, DCAS

• Updates from Workgroups and Subcommittees - WG/SC Chairs

• Plans for the April 2024 Board Meeting - All Members

Adjourn
```

                                  EXHIBIT 32

CERTIFICATION PURSUANT TO SECTION 906

Pursuant  to  18  U.S.C. Section 1350 as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act  of  2002,  I,  the  undersigned  officer  of  the  Mayquest
Ventures, Inc. (the "Company"), hereby certify to my knowledge that:

The  Report on Form 10-Q for the period ended September 30, 2010 of the Company
fully  complies,  in  all  material  respects, with the requirements of Section
13(a) or 15(d) of the Securities Exchange  Act  of  1934,  and  the information
contained  in  the  Report  fairly  represents,  in all material respects,  the
financial condition and results of operations of the Company.

A signed original of this written statement required  by  Section  906 has been
provided  to  the Company and will be retained by the Company and furnished  to
the Securities and Exchange Commission or its staff upon request.

                                               By:   /s/ Roman Zherdytskyi
                                               --------------------------------
                                               President and Director and
                                               Chief Executive Officer,
                                               Chief Financial Officer and
                                               Principal Accounting Officer

Date: October 5, 2010
```
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT
UNITED STATES OF AM ER IC A,

Pla i ntiff-Appe lle e , v. PIER SHA W OOLRIDGE,

De fe nda nt-Appe l la

nt. No. 16-10144

D.C . No. 1:12-c r-00031-AW I-B A M -1
M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Ea ste rn Distric t of C a lifornia Anthony W . Ishii, Distric t Judge , Pre siding Subm itte d July 13, 2017 ** B e fore : HUG, FAR

R IS, and C ANB Y, C irc uit Judge s. Pie rsha W ooldridgea

ppe a ls from

the distric t c ourt’ s judgm e nt a nd
c ha lle nge s he r guilty -ple a c onvic tions a

nd tota l se nte nc e of 56 m onths in prison for
c onspira c y

to c om m it m a il fra

u d, in viola

t ion of 18 U.S.C
. § 1349, 25 c ounts of



# F IL ED JUL 17 2017 M OLLY C. DW Y E R, CLERK U. S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by Ninth C irc uit R

ule 36-3.

* * The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).m a il fra

ud, in viola

tion of 18 U.S.C . § 1341, a nd two c ounts of a g gravate d ide ntity the ft, in viola

tion of 18 U.S.C . § 1028A. Pursua nt to Ande rs v . C

alifornia , 386 U.S. 738 (1967), Woolridge ’ s c ounse l ha s file d a

brie f stating tha

t the re are no grounds for re lie f, a long with a m otion to withdra w a s c ounse l of re c ord. W e have provide d W oolridge the opportunity to file a pro se supple m e nta l brie f. No pro se supple m e nta l brie f or answe ring brie f ha s be e n file d
. Our inde pe nde nt re v i e w of the re c ord pursua nt to Pe nson v . Ohio , 488 U.S. 75, 80 (1988), disc lose s no a rgua ble grounds for re lie f on dire c t a ppe a l. C ounse l’ s m otion to withdra w is G RANT E D
. AFFIRM E D
.

2
# Parents' Day, 2008

 Parents teach their children timeless values to help them make the most of life's opportunities and overcome its challenges. On Parents' Day, we pay tribute to the parents who provide their children with guidance, support, and unconditional love and who help make our country a better place.

Mothers and fathers are a source of stability and great comfort in society, and they have a vital obligation to love and care for their children. Through patient instruction and a loving example, they instill in children the principles that make our Nation strong and ensure that children have the skills to lead lives of character and integrity. As a child's primary teachers, parents are responsible for their child's education, and their efforts will contribute to a more hopeful future for our country. Parents can help shape our Nation by encouraging young people to make the right choices, become responsible citizens, and achieve their dreams.

My Administration remains dedicated to promoting Federal, State, and faith-based and community programs to assist American families and support healthy marriages and responsible parenting. We are committed to helping parents and schools enable the next generation of Americans to realize their full potential.

On Parents' Day, we honor mothers and fathers and thank them for their many years of patience and selflessness. We take this opportunity also to recognize parents of adopted children and foster parents, who generously provide children with a loving family to call their own. We also recognize the parents who serve in our Armed Forces and the parents of the brave men and women wearing our Nation's uniform. The members of our Armed Forces are defending our freedom with dignity and honor, and America is grateful for the sacrifices that they and their families make in the name of duty.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States and consistent with Public Law 103-362, as amended, do hereby proclaim Sunday, July 27, 2008, as Parents' Day. I call upon citizens, private organizations, and governmental bodies at all levels to engage in activities and educational efforts that recognize, support, and honor parents, and I encourage American sons and daughters to convey their love, respect, and appreciation to their parents.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of July, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-third. 

[FR Doc. 08-1479

Billing code 3195-W8-P
Exhibit 32.1

                           CERTIFICATION 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 Edgeworth Investments, Inc.
(the "Company") on Form 10-Q for three month period ended March 31, 2010 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, G.J. de Klerk, 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 and belief:

       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
Company.

Dated: May 4, 2010

                                         By:  /s/ G.J. de Klerk
                                              -------------------------------
                                              G.J. de Klerk
                                              Chief Executive Officer and
                                              Chief Financial Officer
                                              (Principal Executive Officer)
                                              (Principal Financial Officer)
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

December 9, 2015

p1202 

# Order

Clerk December 9, 2015

150624

FARM BUREAU GENERAL INSURANCE

COMPANY OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 150624

COA: 314652

Iosco CC: 12

- 007036

- CK

FREDERICK J. HOLSTINE,

Defendant,

and

TIMOTHY BIALEK, as Conservator for the

Estate of JOSEPH BIALEK, a Protected

Individual,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the September 2, 2014

judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in

lieu of granting leave t o appeal, we VACATE that part of the Court of Appeals judgment

analyzing the coverage issue under the subject policy’s Property Coverage section. That

section of the policy was irrelevant to the issue of liability coverage in this case. In all

other resp ects, leave to appeal is DENIED, because we are not persuaded that the

remaining questions presented should be reviewed by this Court.
Practically Significant Dose Evaluation

Preliminary Observations

James W. Neton, PhD, CHP

Associate Director for Science

Division of Compensation Analysis and Support

National Institute for Occupational Safety and Health

January 24, 2014
Proposal

 Identify NOCTS claims with a single cancer 

• Select those with a probability of causation (PC) 

between 45 and 50%

 Insert a 0 mrem external exposure line for each 

case

• Perform 30 IREP runs of 10,000 iterations for each and 

calculate the average PC

 Change the 0 mrem exposure to 100 mrem

• Perform 30 IREP runs of 10,000 iterations for each and 

calculate the average PC

 175 out of ~38,000 claims with dose reconstructions met 

the selection criteria
Preliminary Results

Summary for All Cases

Average for all cases Difference # >50%

Original in NOCTS 47.38 - -

Addition of zero dose 47.38 0.00 0

Addition of 100 mrem 47.43 0.06 0
**EXHIBIT 31.1**

 

**CHIEF EXECUTIVE OFFICER CERTIFICATION UNDER SECTION 302 OF THE**

**SARBANES-OXLEY ACT**

 

I, Gary W. Rada, of Factory Card & Party Outlet Corp., certify that: 

 

1.  I have reviewed this annual report Form 10-K of Factory Card & Party Outlet Corp; 

 

2.  Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary tomake the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the periods covered by this annual report; 

 

3.  Based on my knowledge, the financial statements and other financial information included in this report,fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

 

4.  The registrant’s other certifying officer(s) and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

a)  Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

 

b)  Evaluated the effectiveness ofthe registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation;

 

c)  Disclosed in this report anychange in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5.  The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee of registrant’s board of directors (or persons performing equivalent functions): 

 

a)  all significant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

b)  any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting. 

 

Date: April 17, 2006
Exhibit 32.1

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

The undersigned, Anson Yiu Ming
Fong, the Chairman of SINO GREEN LAND CORPORATION (the Company), DOES HEREBY
CERTIFY that:

1. The Companys Quarterly Report
on Form 10-Q for the quarter ended September 30, 2009 (the Report), fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and

2. Information contained in the
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.

IN WITNESS WHEREOF, each of the
undersigned has executed this statement this 13th day of November,
2009.

| | /s/Anson Yiu Ming Fong
| | ----------------------
| | Anson Yiu Ming Fong   
| | Chairman              

A signed original of this written statement required by Section
906 has been provided to Sino Green Land Corporation and will be retained by
Sino Green Land Corporation and furnished to the Securities and Exchange
Commission or its staff upon request.

The forgoing certification is being furnished to the Securities
and Exchange Commission pursuant to § 18 U.S.C. Section 1350. It is not being
filed for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended, and is not to be incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless of any general
incorporation language in such filing.

---