alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT LEONAR

D JAC OB B OYD, Plaintiff - Appe lla nt, v. D. SC H M IDT; e t

a l., De fe nda

nts - Appe lle e s. No. 14-35441 D.C . No. 1:12-c v-00564-C L M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Distric t of Ore gon Owe n M . Panne r, Distric t Judge , Pre siding Subm itte d Ja

nua ry 20, 2016 ** B e fore : C ANB Y, TASHIM A, a nd NGUYEN, C irc uit Judge s. Ore gon sta

te prisone r Le ona

rd Ja c ob B oy d a

ppe a ls pro se from

the distric t c ourt’ s judgm e nt dismi ssing his 42 U.S.C . § 1983 a c t ion a lle g ing va rious fe de ra l and sta te la w viola tions a rising out of his a

rre st a nd de te ntion. W e have jurisdic tion unde r 28 U.S.C . § 1291. W e r e v i e w for an a buse of disc re tion a 

# FIL ED JAN 28 2016 M OLLY C. DW Y ER, 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 9th C ir. R . 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).dism issa l for fa ilure to c om p ly with a c ourt orde r, Pagtalunan v. Galaza , 291 F.3d 639, 640 (9th C ir. 2002), a nd we a ffirm . The distric t c ourt did not a buse its disc re tion by

dism i ssing B oy d ’ s a c tion be c a use B oy d fa ile d to c om

ply with thedistric t c ourt orde rs instruc t ing him to re spond to de fe nda

nts’ inte rrogatorie s. Se e id. at 642-43 (discussing the five fa c t ors for de te rm ining whe the r to dismiss unde r Fe d. R . C i v. P. 41(b) for fa ilure to c om ply with a c ourt orde r); Fe rdik

v . Bonze le t , 963 F.2d 1258, 1260 (9th C i r. 1992) (a lthough dism

issa l is a ha rsh pe n a lty , the distric t c ourt’ s dismissa l should not be disturbe d a

b s e nt “ a de finite and firm

c onvic tion” tha

t it “ c om m itte d a c le ar e rror of judgm e nt” (c ita

t ion a nd inte rna l quota

tion m arks om itte d)). B e c a use we a ffirm

the distric t c ourt’ s dismi ssa l of B oy d’ s a c tion for fa ilure to c o m ply with c ourt orde rs, we do not c o n side r B o y d’ s c ha lle nge s to thedistric t c ourt’ s inte rloc utory

orde rs. S

e eAl-Tork

i v . K ae mpe n , 78 F.3d 1381, 1386 (9th C ir. 1996) (“ [I] nte rloc ut ory orde rs, ge ne ra lly a ppe a la b le a fte r a fina l judgm e nt, a

re not a ppe a la ble a fte r a dism issa l for fa ilure to prose c ute , whe the r the fa ilure to prose c ute is purpose ful or is a re sult of ne glige n c e or m ista ke .” (c i tation a

n d inte rna l que stion m arks om itte d)). AFFIRM E D.

1 4 - 3 5 4 4 1 2
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          FEB-28-2001
<PERIOD-END>                               AUG-31-2000
<CASH>                                          11,461
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 11461
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   11461
<CURRENT-LIABILITIES>                             2247
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          3480
<OTHER-SE>                                        5734
<TOTAL-LIABILITY-AND-EQUITY>                     11461
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                    2,704
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (2,704)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,704)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,704)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
I 

117TH CONGRESS 

1ST SESSION H. R. 3425 

To amend the Internal Revenue Code of 1986 to reinstate the exception 

for de minimis payments by third party settlement organizations with 

respect to returns relating to payments made in settlement of payment 

card and third party network transactions, as in effect prior to the 

enactment of the American Rescue Plan Act. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2021 

Mrs. MILLER of West Virginia introduced the following bill; which was 

referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to reinstate 

the exception for de minimis payments by third party 

settlement organizations with respect to returns relating 

to payments made in settlement of payment card and 

third party network transactions, as in effect prior to 

the enactment of the American Rescue Plan Act. 

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 ‘‘Saving Gig Economy 

5 Taxpayers Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 3425 IH

1 SEC. 2. REINSTATEMENT OF EXCEPTION FOR DE MINIMIS 

2 PAYMENTS AS IN EFFECT PRIOR TO ENACT3 MENT OF AMERICAN RESCUE PLAN ACT. 

4 (a) IN GENERAL.—Section 6050W(e) of the Internal 

5 Revenue Code of 1986 is amended to read as follows: 

6 ‘‘(e) EXCEPTION FOR DE MINIMIS PAYMENTS BY

7 THIRD PARTY SETTLEMENT ORGANIZATIONS.—A third 

8 party settlement organization shall be required to report 

9 any information under subsection (a) with respect to third 

10 party network transactions of any participating payee only 

11 if— 

12 ‘‘(1) the amount which would otherwise be re13 ported under subsection (a)(2) with respect to such 

14 transactions exceeds $20,000, and 

15 ‘‘(2) the aggregate number of such transactions 

16 exceeds 200.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 this section shall take effect as if included in section 9674 

19 of the American Rescue Plan Act. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
[Federal Register Volume 66, Number 249 (Friday, December 28, 2001)]
[Notices]
[Page 67232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31889]


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

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Announcement of Import Restraint Limits for Certain Cotton, Wool, 
Man-Made Fiber, Silk Blend and Other Vegetable Fiber Textile Products 
Produced or Manufactured in Bahrain; Correction

December 20, 2001
    In the letter to the Commissioner of Customs published in the 
Federal Register on November 14, 2001 (66 FR 57042), on page 57043, 1st 
column, in the table listing import restraint limits, categories 845 
and 846 were inadvertently omitted from the list of categories covered 
under Group I. A letter has been sent to the Commissioner of Customs to 
add these categories to the categories listed under Group I.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 01-31889 Filed 12-27-01; 8:45 am]
BILLING CODE 3510-DR-S
[Federal Register Volume 67, Number 1 (Wednesday, January 2, 2002)]
[Notices]
[Pages 118-119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32225]


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

DEPARTMENT OF STATE

[Public Notice 3865]


Culturally Significant Objects Imported for Exhibition 
Determinations: ``Dreaming with Open Eyes: Dada and Surrealist Art From 
the Vera, Silvia, and Arturo Schwarz Collection in the Israel Museum''

AGENCY: Department of State.

ACTION: Notice.

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

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236 of October 19, 1999, as amended, I hereby determine that the 
objects to be included in the exhibition ``Dreaming with Open Eyes: 
Dada and Surrealist Art from the Vera, Silvia, and Arturo Schwarz 
Collection in the Israel Museum,'' imported from abroad for temporary 
exhibition within the United States, are of cultural significance. The 
objects are imported pursuant to a loan agreement with the foreign 
owner. I also

[[Page 119]]

determine that the exhibition or display of the exhibit objects at the 
Fine Arts Museums of San Francisco, San Francisco, CA from on or about 
February 2, 2002 to on or about April 28, 2002, and at possible 
additional venues yet to be determined, is in the national interest. 
Public Notice of these Determinations is ordered to be published in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the exhibit objects, contact Carol B. Epstein, Attorney-
Adviser, Office of the Legal Adviser, U.S. Department of State, 
(telephone: 202/619-6981). The address is U.S. Department of State, SA-
44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001.

    Dated: December 13, 2001.
Patricia S. Harrison,
Assistant Secretary for Educational and Cultural Affairs, United States 
Department of State.
[FR Doc. 01-32225 Filed 12-31-01; 8:45 am]
BILLING CODE 4710-08-P
Exhibit 23.1





CONSENT OF INDEPENDENT AUDITORS





The Board of Directors


Acclaim Entertainment, Inc.





We consent to the incorporation by
reference in the registration statements (numbers 333-68667, 333-40025, 333-51967 and 333-82088) filed on Form S-8 and in the registration statements (numbers 033-59819, 333-45071, 333-72503, 333-71211, 333-69367, 333-84368, 333-70266, 333-59048 and
033-65051) filed on Form S-3 of Acclaim Entertainment, Inc. of our report dated October 17, 2002, except for note 12C, which is as of November 22, 2002, relating to the consolidated balance sheets of Acclaim Entertainment, Inc. and Subsidiaries as
of August 31, 2002 and 2001, and the related consolidated statements of operations, stockholders equity (deficit) and cash flows and the related financial statement schedule for each of the years in the three-year period ended August 31, 2002,
which report appears in the August 31, 2002 Annual Report on Form 10-K of Acclaim Entertainment, Inc.





Our report dated October 17, 2002,
except for note 12C, which is as of November 22, 2002, contains an explanatory paragraph that states that the Company has a working capital deficit at August 31, 2002 and a recurring use of cash in operating activities that raises substantial doubt
about its ability to continue as a going concern. The consolidated financial statements do not include any adjustments that might result from the outcome of that uncertainty.





/s/    KPMG LLP





New York, New York


November 22, 2002
[Federal Register Volume 66, Number 27 (Thursday, February 8, 2001)]
[Notices]
[Page 9595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3273]


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

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    In accordance with 28 CFR section 50.7 and section 122 of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(``CERCLA''), 42 U.S.C. 9622, notice is hereby given that on January 
26, 2001, a proposed consent decree in United States v. Alcoa, Inc., 
Civil Action No. 01-CV-0131, was lodged with the United States District 
Court for the Northern District of New York.
    In this action the United States sought costs for response 
activities in connection with the aluminum product manufacturing 
facility owned by Alcoa, Inc. in Massena, New York. The Complaint 
alleges that the defendant is liable under section 107(a), 42 U.S.C. 
9607(a), of CERCLA. Pursuant to the decree, defendant will pay to the 
United States past unreimbursed response costs in an amount totaling at 
least $695,117.26, plus interest.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed decree. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States v. Alcoa, Inc., Civil Action No. 01-CV-0131, D.J. Ref. 
90-11-3-07173.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, Northern District of New York, James T. Foley 
Federal Building, 445 Broadway, Albany, New York, 12207 and at U.S. 
EPA, (Region II) 290 Broadway, 17th Floor New York, New York 10007-
1866. A copy of the proposed consent decree may also be obtained by 
mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611. In requesting a copy, please 
enclose a check in the amount of $5.00 (25 cents per page reproduction 
cost) payable to the Consent Decree Library.

Bruce S. Gelber,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 01-3273 Filed 2-7-01; 8:45 am]
BILLING CODE 4410-15-M
Exhibit 32.3



CERTIFICATION OF CFO 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 Annual Report on Form 10-K of American Land Lease (the Company) for the annual period ended December 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the Report), Shannon E. Smith, as Chief Financial Officer of the Company hereby certifies, to the best of his knowledge, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



(1) The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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.



|       |  |                        
|------ |  | -----------------------
|       | 
|       |  | /s/    SHANNON E. SMITH
|Name:  |  | Shannon E. Smith       
|Title: |  | Chief Financial Officer



Date:
March 11, 2005



This certification accompanies the Report
pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of §18 of the Securities Exchange Act of 1934, as amended.
Presidential Documents

66268 Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Presidential Documents

Executive Order 13245 of December 18, 2001

Providing an Order of Succession Within the Department of

Labor

By the authority vested in me as President by the Constitution and the

laws of the United States of America, including Subchapter III of Chapter

33 of title 5 of the United States Code, it is hereby ordered that:

Section 1. Subject to the provisions of section 3 of this Executive Order,

the officers named in section 2, in the order listed, shall act as and perform

the functions and duties of the office of Secretary of Labor (Secretary)

during any period when both the Secretary and the Deputy Secretary of

Labor (Deputy Secretary) have died, resigned, or are otherwise unable to

perform the functions and duties of the office of Secretary.

Sec. 2. Order of Succession.

(a) Solicitor of Labor;

(b) Assistant Secretary of Labor in charge of Administration and Management;

(c) Assistant Secretary of Labor in charge of Policy;

(d) Assistant Secretary of Labor in charge of Congressional and Intergovernmental Affairs;

(e) Assistant Secretary of Labor in charge of the Employment and Training

Administration;

(f) Assistant Secretary of Labor in charge of the Employment Standards

Administration;

(g) Assistant Secretary of Labor in charge of the Pension and Welfare

Benefits Administration;

(h) Assistant Secretary of Labor for Occupational Safety and Health;

(i) Assistant Secretary of Labor for Mine Safety and Health;

(j) Assistant Secretary of Labor in charge of the Office of Public Affairs;

(k) Assistant Secretary of Labor for Veterans’ Employment and Training;

and

(l) Assistant Secretary of Labor in charge of the Office of Disability Employment Policy.

Sec. 3. Exceptions.

(a) No individual who is serving in an office listed in section 2(a)–

(l) in an acting capacity shall act as Secretary pursuant to this Executive

Order.

(b) Notwithstanding the provisions of this Executive Order, the President

retains discretion, to the extent permitted by Subchapter III of Chapter

33 of title 5 of the United States Code, to depart from this Executive

Order in designating an acting Secretary.

Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Presidential Documents 66269

Sec. 4. Executive Order 10513 of January 19, 1954, is hereby revoked.

Filed 12

[FR Doc. 01

–20–

–

01; 8:45 am]

31670

THE WHITE HOUSE,

December 18, 2001.

W

Billing code 3195–01–P
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.

 November 25, 2015

d1118

Order 

Clerk

November 25, 2015

148731

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 148731

COA: 318726

Genesee CC: 12-031765-FC

WILLIE DEJUAN COFFER,

Defendant-Appellant. 

_________________________________________/

By order of October 28, 2014, the application for leave to appeal the January 8, 

2014 order of the Court of Appeals was held in abeyance pending the decision in People 

v Lockridge (Docket No. 149073). On order of the Court, the case having been decided 

on July 29, 2015, 498 Mich 358 (2015), the application is again considered, and it is 

DENIED, because we are not persuaded that the questions presented should be reviewed 

by this Court.
EXHIBIT 23
 
 CONSENT OF ERNST & YOUNG LLP, INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
 
 We consent to the incorporation by reference in the Registration Statements (Form S-8 No. 3-12043, Form S-8 No. 333-7498, Form S-8 No. 333-111929,  Form S-3 No. 333-84861 and Form S-3 No. 333-117472) of Pilgrim's Pride Corporation, and in the related Prospectuses, of our report dated November 17, 2004, with respect to the consolidated financial statements and schedule of Pilgrim's Pride Corporation included in this Annual Report (Form 10-K) for the year ended October 2, 2004.
 
 ERNST & YOUNG LLP
 
 
 
 
 Dallas, Texas
 November 17, 2004
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          FEB-29-2000
<PERIOD-END>                               MAY-31-1999
<CASH>                                           1,814
<SECURITIES>                                         0
<RECEIVABLES>                                   18,030
<ALLOWANCES>                                         0
<INVENTORY>                                     24,751
<CURRENT-ASSETS>                                46,139
<PP&E>                                         152,307
<DEPRECIATION>                                (60,960)
<TOTAL-ASSETS>                                 162,491
<CURRENT-LIABILITIES>                           24,019
<BONDS>                                        110,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (10,681)
<TOTAL-LIABILITY-AND-EQUITY>                   162,491
<SALES>                                         40,697
<TOTAL-REVENUES>                                40,697
<CGS>                                           32,499
<TOTAL-COSTS>                                   32,499
<OTHER-EXPENSES>                                   178
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,825
<INCOME-PRETAX>                                  2,182
<INCOME-TAX>                                       938
<INCOME-CONTINUING>                              1,244
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,244
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
Exhibit 4.1

DIVALL INSURED INCOME PROPERTIES 2 LIMITED PARTNERSHIP

SECOND AMENDMENT TO

AMENDED AGREEMENT OF LIMITED PARTNERSHIP

This Second Amendment to Amended Agreement of Limited Partnership (the this Amendment) of Divall Insured Income Properties 2 Limited
Partnership, a Wisconsin limited partnership, is made and effective as of November 9, 2009 (the Effective Date), by and among the Provo Group, Inc., an Illinois corporation, as General Partner, and the Limited Partners of the
Partnership (the Limited Partners).

WHEREAS, as of October 31, 2009, the holders of a majority of the
outstanding limited partner units in Divall Insured Income Properties 2 Limited Partnership (the Partnership) consented to amend the Amended Agreement of Limited Partnership (the Partnership Agreement), dated May 26,
1993, as specifically set forth below; and

WHEREAS, Article IX of the Partnership Agreement grants the General Partner an
irrevocable power of attorney to act on behalf of each Limited Partner to execute all amendments to the Partnership Agreement.

NOW THEREFORE, the Partnership Agreement shall be amended effective as of the Effective Date, as follows:



| | 1. | Section 2.2 of the Partnership Agreement is deleted in its entirety and the following substituted in lieu thereof:
| | -- | ------------------------------------------------------------------------------------------------------------------

The term of the Partnership shall continue in full force and effect until November 30, 2020 or until dissolution prior thereto
pursuant to the provisions of Article VIII.

IN WITNESS WHEREOF, we, the undersigned have executed this Amendment as of the date first
written above.



GENERAL PARTNER:The Provo Group, Inc.By:

/s/ Bruce A. ProvoBruce A. Provo, PresidentLIMITED PARTNERS:By:

The Provo Group, Inc., pursuant to Article IX power of attorneyBy:

/s/ Bruce A. ProvoBruce Provo, President