alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-7243

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

v.

DAMION BUNCH,

 Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Newport News. Robert G. Doumar, Senior District Judge. (4:15-cr-00087-RGD-LRL-1)

Submitted: December 18, 2018 Decided: December 21, 2018

Before AGEE, THACKER, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Damion Bunch, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Damion Bunch seeks to appeal the district court’s order denying his motion to 

disqualify the United States Attorney’s Office from responding to his 28 U.S.C. § 2255 

(2012) motion. This court may exercise jurisdiction only over final orders, 28 U.S.C. 

§ 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); 

Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 

(1949). The order Bunch seeks to appeal is neither a final order nor an appealable 

interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of 

jurisdiction. 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
[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Sunshine Act Meetings]
[Page 10425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4701]



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


Agency Holding the Meeting: Board of Governors of the Federal 
Reserve System

Time and Date: 10:00 a.m., Wednesday, March 1, 1995.

Place: Marriner S. Eccles Federal Reserve Board Building, C Street 
entrance between 20th and 21st Streets, NW., Washington, DC 20551.

Status: Open.
Matters to be Considered:
    1. Proposed modifications to daylight overdraft fees.
    2. Any items carried forward from a previously announced meeting.

    Note: This meeting will be recorded for the benefit of those 
unable to attend. Cassettes will be available for listening in the 
Board's Freedom of Information Office, and copies may be ordered for 
$5 per cassette by calling (202) 452-3684 or by writing to: Freedom 
of Information Office, Board of Governors of the Federal Reserve 
System, Washington, DC 20551.

Contact Person for More Information: Mr. Joseph R. Coyne, Assistant to 
the Board; (202) 452-3204.

    Dated: February 22, 1995.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 95-4701 Filed 2-22-95; 10:50 am]
BILLING CODE 6210-01-P
[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)]
[Notices]
[Page 7103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02628]


=======================================================================
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FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL

[Docket No. AS16-02]


Appraisal Subcommittee Notice of Meeting

AGENCY: Appraisal Subcommittee of the Federal Financial Institutions 
Examination Council.

ACTION: Notice of meeting.

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

    Description: In accordance with Section 1104 (b) of Title XI of the 
Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 
as amended, notice is hereby given that the Appraisal Subcommittee 
(ASC) will meet in closed session:
    Location: Federal Reserve Board--International Square location, 
1850 K Street NW., Washington, DC 20006.
    Date: February 16, 2016.
    Time: Immediately following the ASC open session.
    Status: Closed.
    Matters to be Considered: State Preliminary Investigation.

     Dated: February 4, 2016.
James R. Park,
Executive Director.
[FR Doc. 2016-02628 Filed 2-9-16; 8:45 am]
 BILLING CODE 6700-01-P
Exhibit 23.1

                          INDEPENDENT AUDITORS' CONSENT


We consent to the incorporation by reference in the registration statements on
Form S-8 (File Nos. 33-88442, 33-99196, 33-94974, 333-65799, 333-36159,
333-82418 and 333-82416) and on Form S-3 (File Nos. 333-90017 and 333-76614) of
Data Systems & Software Inc. of our report dated March 8, 2002, with respect to
the consolidated balance sheets of Data Systems & Software Inc. and subsidiaries
as of December 31, 2000 and 2001, and the related consolidated statements of
operations and comprehensive income (loss), changes in shareholders' equity, and
cash flows for each of the years in the two-year period ended December 31, 2001
and to the reference to our firm under the heading "Selected Financial Data,"
which report and reference appear in the December 31, 2001 annual report on Form
10-K of Data Systems & Software Inc. Our report refers to a change in accounting
for purchase method business combinations completed after June 30, 2001.

                                                     /s/ KPMG LLP
                                                     ---------------------------

Short Hills, New Jersey
March 25, 2002
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHARLES EDWARD ALLEN, 

Plaintiff-Appellant, 

 v. 

RALPH M. DIAZ, Acting Secretary for the 

California Department of Corrections and 

Rehabilitation; W. L. MONTGOMERY, 

Acting Warden; MARTINEZ, Food 

Manager; TRAVIS, Supervising Cook; J. 

LYON, Food Manager, 

Defendants-Appellees.

No. 22-55712 

D.C. No. 3:21-cv-00602-LAB-MDD 

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Larry A. Burns, District Judge, Presiding

Submitted August 15, 2023**

Before: TASHIMA, S.R. THOMAS, and FORREST, Circuit Judges.

California state prisoner Charles Edward Allen appeals pro se from the 

district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that 

* 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

AUG 22 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 22-55712 

defendants violated his First and Eighth Amendment rights by failing to provide 

sufficient meals. We have jurisdiction under 28 U.S.C. § 1291. We review de 

novo. Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012) (dismissal under 28 

U.S.C. § 1915(e)(2)(B)(ii)); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) 

(dismissal under 28 U.S.C. § 1915A). We affirm.

The district court properly dismissed Allen’s action because Allen failed to 

allege facts sufficient to state a plausible claim. See Hebbe v. Pliler, 627 F.3d 338, 

341-42 (9th Cir. 2010) (although pro se pleadings are to be liberally construed, a 

plaintiff still must present factual allegations sufficient to state a plausible claim 

for relief); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (“A 

plaintiff must allege facts, not simply conclusions, that show that an individual was 

personally involved in the deprivation of his civil rights.”); see also Farmer v. 

Brennan, 511 U.S. 825, 837 (1994) (to establish an Eighth Amendment claim, a 

prison “official must both be aware of facts from which the inference could be 

drawn that a substantial risk of serious harm exists, and he must also draw the 

inference”).

We do not consider matters not specifically and distinctly raised and argued 

in the opening brief, or arguments and allegations raised for the first time on 

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
|CONSENT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by
reference in the Registration Statements (Form S-8 Nos. 33-87908, 333-18347, 333-55821,
333-57580 and 333-115719) of our reports dated March 4, 2008, with respect to the
consolidated financial statements of Palomar Medical Technologies, Inc. and the
effectiveness of internal control over financial reporting of Palomar Medical
Technologies, Inc., included in the Annual Report (Form 10-K) for the year ended December
31, 2007.
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|                      |                      
|--------------------- | ---------------------
|                      | /s/ Ernst & Young LLP
|                      |                      
|Boston, Massachusetts |                      
|March 4, 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.                  

###### Neighborhood Reinvestment Corporation

# Time and Date:

3:00 p.m., Wednesday, February 17, 2016.

# Place:

 NeighborWorks America—Gramlich Boardroom, 999 North Capitol Street NE., Washington, DC 20002.

# Status:

 Open (with the exception of Executive Session).

# Contact Person:

                         Jeffrey Bryson, EVP & General Counsel/Secretary (202) 760-4101;                         *jbryson@nw.org*.                    

# Agenda:

I. Call to Order

II. Approval of Minutes

III. Executive Session: Audit Committee Report

IV. Executive Session: Report from CEO

V. Executive Session: Compensation Review

VI. Sustainable Homeownership Project

VII. Fresh Start Project

VIII. Corporate Goals

IX. Strategic Plan Perspectives

X. Management Program Background & Updates

XI. Adjournment

The General Counsel of the Corporation has certified that in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(2) and (4) permit closure of the following portions of this meeting:
    - Audit Committee Report
    - Report from CEO
    - Compensation Review

Jeffrey T. Bryson,

EVP and General Counsel/Corporate Secretary.

[FR Doc. 2016-02945 Filed 2-9-16; 4:15 pm]

 BILLING CODE 7570-02-P
[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Notices]
[Page 8413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3630]



=======================================================================
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INTERSTATE COMMERCE COMMISSION

[Finance Docket No. 32658]


Caldwell County Economic Development Commission--Acquisition 
Exemption--Norfolk Southern Railway Company

    Caldwell County Economic Development Commission (CCEDC), a 
noncarrier, has filed a verified notice of exemption to acquire 
approximately 22.1 miles of railroad known as ``the HG Line'' owned by 
Norfolk Southern Railway Company (NS)\1\ and currently operated by the 
Caldwell County Railroad Company (CCRC). The line extends from milepost 
HG-90.6\2\ at Hickory, NC, to milepost HG-112.7 at Valmead (Lenoir), 
NC. CCRC will continue to serve as exclusive freight operator on the 
subject line, pursuant to a lease and operating agreement executed with 
CCEDC and pursuant to the exemption in Caldwell County Railroad 
Company--Lease, Operation, and Acquisition Exemption--Norfolk Southern 
Railway Company, Finance Docket No. 32584 (ICC served Oct. 19, 1994).

    \1\The acquisition will be pursuant to a donation and sale 
agreement, whereby NS will donate and sell the subject line to 
CCEDC.
    \2\CCEDC's initially filed notice erroneously reported the 
Hickory, NC milepost as 90.0. By letter dated January 19, 1995, 
CCEDC's counsel corrected the milepost to read 90.6, for a total of 
22.1 miles to be acquired from NS.
---------------------------------------------------------------------------

    CCEDC simultaneously filed in Finance Docket No. 32659, a petition 
for exemption pursuant to 49 U.S.C. 10505 to exempt it from the 
provisions of Subtitle IV of Title 49 of the United States Code (the 
Interstate Commerce Act).
    CCEDC expected to consummate acquisition of this rail line on 
January 26, 1995, at which time CCEDC's previously executed lease and 
operating agreement with CCRC would also become effective.
    Any comments must be filed with the Commission and served on: 
Robert A. Wimbish, Rea, Cross & Auchincloss, Suite 420, 1920 N St., 
N.W., Washington, DC 20036.
    This notice is filed under 49 CFR 1150.31. If the notice contains 
false or misleading information, the exemption is void ab initio. 
Petitions to revoke the exemption under 49 U.S.C. 10505(d) may be filed 
at any time. The filing of a petition to revoke will not stay the 
transaction.

    Decided: February 6, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-3630 Filed 2-13-95; 8:45 am]
BILLING CODE 7035-01-P
## Detailed Single Year Tables

- Individual Provisions
- Level of Monthly Benefits

### **Description of Proposed Provision:						B6.4: Starting in 2024, provide a 5 percent uniform benefit increase 24 years after initial benefit eligibility. Phase in the benefit increase at 1 percent per year from the 20th through 24th years after eligibility. For disabled workers, the eligibility age is the initial entitlement year to the benefit. The benefit increase is equal to 5 percent of the PIA of a worker assumed to have career-average earnings equal to SSA's average wage index.  Auxiliary beneficiaries receive benefit enhancement based on the PIA of the governing worker.**

### Financial Estimates for the OASDI Trust Fund Program

### Summarized Estimates
#### C. F. FLEISHEL v. J. C. JESSUP, P. W. JESSUP and ARNOLD T. JESSUP.

(Filed 21 September, 1955.)

Mortgages § 36—

Defendants executed purchase money notes, secured by deed of trust, for certain lands, machinery and equipment, the parties agreeing on the value of the land at the time of the execution of the notes. The machinery and equipment were damaged or destroyed by fire. *Held:*In an action on the notes, judgment for deficiency, calculated upon the value of the land as agreed upon by the parties at the time of the purchase and sale, is premature, since there can be no deficiency until sale, and only then may the court determine whether the machinery and equipment were affixed to the land and became realty, whether G-.S. 45-21.88 applies, and the amount of the deficiency judgment, if any, to which plaintiff is entitled.

Winborne and Higgins, JJ., took no part in the consideration or decision of this case.

*606Appeal by defendants from *Bone, J.,*May Term, 1955, PamliCO. Error and remanded.

Civil action on purchase money notes in which the plaintiff claims that a planing mill, two boilers, and two brick dry kilns, attached to the realty and which have been destroyed by fire, were personal property. At the time the notes were issued, the parties agreed on the value of the land and the above-enumerated structures. Defendant pleads G.S. 45-21.38 which prohibits deficiency judgments in certain instances. The court below accepted the value of the land as agreed upon at the time of the purchase and sale, deducted that amount from the total amount of the notes, and rendered deficiency judgment for the balance. Defendants appealed.

*B. B. Hollowell and B. E. Whitehurst for plaintiff appellee.*

*Henry A. Grady, Jr., and Raymond E. Dunn for defendant appellants.*

PeR CuRiam.

The action of the court must be held for error. There can be no deficiency until there is a sale. At present all parties are unadvised as to what the land will bring at public sale. The determination of the issue as to whether the enumerated structures were real property or personal property and the value of the land at present must await the sale. It follows that the judgment entered was premature. Judgment entered is vacated, and the cause is remanded to the end that the sale may be had. The court may then determine the amount of the deficiency judgment — -if any- — to which plaintiff is entitled and the other questions and issues raised by the pleadings.

Error and remanded.

WinboRNE and Higgins, JJ., took no part in the consideration or decision of this case.
[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Sunshine Act Meetings]
[Page 10425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4677]



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


NATIONAL TRANSPORTATION SAFETY BOARD

``Federal Register'' CITATION OF PREVIOUS ANNOUNCEMENT: Vol. 60, No. 
30/Tuesday, February 14, 1995.

PREVIOUSLY ANNOUNCED TIME AND DATE: 9:30 a.m., Tuesday, February 21, 
1995.

CHANGE IN MEETING: A majority of the Board Members determined by 
recorded vote that the business of the Board required amending the 
agenda as follows and that no earlier announcement was possible:

Adding to the agenda

6528  Letters of Recommendation: Enhanced Flight Data Recorder 
Requirements.
6354A  Opinion and Order: Administrator v. Bielecki, et al, Dockets SE-
9244-9249; disposition of respondents' appeals.

Deleting from the agenda

6527  Aviation Accident Report: Controlled Collision with Terrain, 
Transportes Aereos Ejecutivos, S.A. (TAESA), Learjet 25D, XA-BBA, 
Dulles International Airport, Chantilly, Virginia, June 18, 1994.

FOR MORE INFORMATION, CONTACT:
Bea Hardesty, (202) 382-6525.

    Dated: February 22, 1995.
Bea Hardesty,
Federal Register Liaison Officer.
[FR Doc. 95-4677 Filed 2-22-95; 9:50 am]
BILLING CODE 7533-01-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
    /s/ JAMES A. WILHELMName:
    James A. WilhelmTitle:
    Director, President And Chief Executive Officer

(Principal Executive Officer)Date:    May 7, 2009/s/ G. MARC BAUMANNName:
    G. Marc BaumannTitle:
    Executive Vice President, Chief Financial Officer

and Treasurer (Principal Financial Officer)Date:    May 7, 2009/s/ DANIEL R. MEYERName:
    Daniel R. MeyerTitle:
    Senior Vice President, Corporate Controller and

Assistant Treasurer (Principal Accounting Officer)Date:    May 7, 2009
EXHIBIT 23.1

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in the Registration Statements on
Forms S-3 (No. 333-106608, No. 333-108924, No. 333-10754, No. 333-110752, No.
333-82496, No. 333-91225, No. 333-91235 and No. 333-17105) and Forms S-8 (No.
333-109595 and No. 33-82410) of SpatiaLight, Inc. of our reports dated March 2,
2005 relating to the consolidated financial statements of SpatiaLight, Inc.,
SpatiaLight, Inc. management's assessment of the effectiveness of internal
control over financial reporting, and the effectiveness of internal control over
financial reporting of SpatiaLight, Inc., included in this Annual Report on Form
10-K for the year ended December 31, 2004.


/s/ ODENBERG, ULLAKKO, MURANISHI & CO. LLP

San Francisco, California
March 14, 2005
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL  INFORMATION  EXTRACTED FROM APPLICABLE
1996 INTERIM  FINANCIAL  STATEMENTS OF CELLULAR  COMMUNICATIONS  OF PUERTO RICO,
INC. THE  SCHEDULE IS  QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH  FINANCIAL
STATEMENTS.
</LEGEND>
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                                DEC-31-1996
<PERIOD-START>                                   JAN-01-1996
<PERIOD-END>                                     SEP-30-1996
<CASH>                                             6,317,000
<SECURITIES>                                       1,744,000
<RECEIVABLES>                                     23,468,000
<ALLOWANCES>                                      (3,753,000)
<INVENTORY>                                       37,000,000
<CURRENT-ASSETS>                                   3,788,000
<PP&E>                                           123,379,000
<DEPRECIATION>                                   (35,045,000)
<TOTAL-ASSETS>                                   324,551,000
<CURRENT-LIABILITIES>                             23,610,000
<BONDS>                                          137,000,000
<PREFERRED-MANDATORY>                                      0
<PREFERRED>                                                0
<COMMON>                                             134,000
<OTHER-SE>                                       163,807,000
<TOTAL-LIABILITY-AND-EQUITY>                     324,551,000
<SALES>                                            9,983,000
<TOTAL-REVENUES>                                  98,104,000
<CGS>                                             13,388,000
<TOTAL-COSTS>                                     25,333,000
<OTHER-EXPENSES>                                  46,474,000
<LOSS-PROVISION>                                           0
<INTEREST-EXPENSE>                                 5,646,000
<INCOME-PRETAX>                                    6,746,000
<INCOME-TAX>                                      (3,432,000)
<INCOME-CONTINUING>                                3,314,000
<DISCONTINUED>                                             0
<EXTRAORDINARY>                                            0
<CHANGES>                                                  0
<NET-INCOME>                                       3,314,000
<EPS-PRIMARY>                                           0.25<F1>
<EPS-DILUTED>                                           0.23<F1>

<FN>
<F1>RESTATED TO REFLECT THE ADOPTION OF STATEMENT OF FINANCIAL ACCOUNTING
    STANDARDS NO.128, "EARNINGS PER SHARE"
</FN>

</TABLE>