alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**FEDERAL MINE SAFETYAND HEALTH REVIEW COMMISSION**

**1331PENNSYLVANIA AVE., N.W., SUITE 520N**

**WASHINGTON,DC 20004-1710**

** **
| SECRETARY OF LABOR,

 MINE SAFETY AND HEALTH        

 ADMINISTRATION (MSHA)           

 

                        v.

 

CALLENDER CONSTRUCTION

COMPANY, INC.                                          | :

:

:

:

:

:

:

:

  |  

 

 

Docket No. LAKE 2020-0189-M

A.C. No. 11-00214-494016 |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------|-------------------------------------------------------------------------------|

 

BEFORE: Jordan, Chair; Althen, Rajkovich, and Baker,Commissioners

**ORDER**

 

BY THE COMMISSION:

 

            This matter arises under the Federal Mine Safetyand Health Act of 1977, 30 U.S.C. § 801 et seq. (2018) (“Mine Act”). TheCommission has received a motion from the operator seeking to reopen a penaltyassessment which had become a final order of the Commission pursuant to section105(a) of the Mine Act, 30 U.S.C. § 813(a). The Secretary states that he doesnot oppose the motion. 

 

Having reviewed movant’s unopposedmotion to reopen, we reopen this matter and remand it to the ChiefAdministrative Law Judge for further proceedings pursuant to the Mine Act andthe Commission’s Procedural Rules, 29 C.F.R. Part 2700. Consistent with Rule28, the Secretary shall file a petition for assessment of penalty within 45days of the date of this order. *See* 29 C.F.R. § 2700.28.

 

 

The granting of this motion is notprecedential for the consideration of any other motion before the Commission. 

 

 

 

/s/ Mary Lu Jordan

Mary Lu Jordan, Chair

 

 

 

/s/ William I. Althen

William I. Althen, Commissioner

 

 

 

/s/ Marco M. Rajkovich, Jr.

Marco M. Rajkovich, Jr.,Commissioner

 

 

 

/s/ Timothy J. Baker

Timothy J. Baker, Commissioner

 

 

 

Distribution:

 

Bruce Callender, President

Callender Construction Company, Inc.

928 West Washington Street

Pittsfield, IL 62363

calconst928@yahoo.com

 

Emily Toler Scott, Esq.

Office of the Solicitor

U.S. Department of Labor

Division of Mine Safety and Health

201 12th Street South, Suite 401

Arlington, VA 22202

scott.emily.t@dol.gov

 

April Nelson, Esq.

Associate Solicitor

Office of the Solicitor

U.S. Department of Labor

Division of Mine Safety and Health

201 12th Street South, Suite 401

Arlington, VA 22202

Nelson.April@dol.gov

 

Melanie Garris, Chief

Office of Civil Penalty Compliance

U.S. Department of Labor

Office of Assessments

Mine Safety and Health Administration

201 12th Street South, Suite 401

Arlington, VA 22202

Garris.Melanie@dol.gov

 

Chief Administrative Law Judge Glynn Voisin

Federal Mine Safety & Health Review Commission

Office of the Chief Administrative Law Judge

1331 Pennsylvania Avenue, NW, Suite 520 N

Washington, DC 20004-1710

GVoisin@fmshrc.gov
*

 This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. The court generally disfavors the

citation of orders and judgments; nevertheless, an order and judgment may be cited under

the terms and conditions of 10th Cir. R. 36.3.

UNITED STATES COURT OF APPEALSFiled 5/8/96

TENTH CIRCUIT

____________________

WILLIAM LUCKY LENHART, )

)

Plaintiff-Appellant, )

)

v. ) No. 95-6334

) (D.C. No. CIV-94-2108-M)

LARRY A. FIELDS and R. MICHAEL CODY, ) (W. D. Oklahoma)

)

Defendants-Appellees. )

____________________

ORDER & JUDGMENT*

____________________

Before ANDERSON, BARRETT and LOGAN, Circuit Judges.

____________________

After examining the briefs and appellate record, this panel has determined

unanimously that oral argument would not materially assist the determination of this

appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered

submitted without oral argument.
2

Plaintiff pro se William Lucky Lenhart, an inmate in the Lexington [Oklahoma]

Correctional Facility, appeals from the district court’s grant of summary judgment against

him in his 42 U.S.C. § 1983 action alleging that officials of the Oklahoma Department of

Corrections violated his Fifth, Eighth, and Fourteenth Amendment rights. Plaintiff

primarily raises an Eighth Amendment cruel and unusual punishment claim, contending

that defendants were aware that he suffers from a serious lung ailment (emphysema) and

“that smoke of any kind seriously endangers [his] health and life span,” I R. doc. 2 at 4. 

He asserts defendants have acted with deliberate indifference towards his rights by failing

to provide him with a nonsmoking environment. Prison officials have given plaintiff a

nonsmoking cellmate and offered placement in the infirmary if needed. They also have

adopted regulations making portions of the prison smoke-free. Plaintiff contends,

however, the nonsmoking regulations are not being enforced sufficiently, and he asks that

smoking be prohibited in the entire prison.

The district court granted summary judgment in favor of defendant officials based

on the magistrate judge’s report and recommendation. We have reviewed the briefs and

the record and cannot add significantly to the analysis in the magistrate judge’s

recommendation of July 20, 1995, which was adopted by the district court. We therefore

AFFIRM for substantially the reasons stated therein.
3

The mandate shall issue forthwith.

Entered for the Court

James K. Logan

Circuit Judge
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
Company's financial  statements for the three months ended March 31, 2000
and is qualified in its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               DEC-31-2000
<PERIOD-START>                  JAN-01-2000
<PERIOD-END>                    MAR-31-2000
<CASH>                           1,408
<SECURITIES>                         0
<RECEIVABLES>                        0
<ALLOWANCES>                         0
<INVENTORY>                          0
<CURRENT-ASSETS>                  1,936
<PP&E>                              186
<DEPRECIATION>                       51
<TOTAL-ASSETS>                    3,716
<CURRENT-LIABILITIES>               607
<BONDS>                              0
<PREFERRED-MANDATORY>                0
<PREFERRED>                          0
<COMMON>                             2
<OTHER-SE>                         3,108
<TOTAL-LIABILITY-AND-EQUITY>       3,716
<SALES>                              108
<TOTAL-REVENUES>                     108
<CGS>                                 30
<TOTAL-COSTS>                         0
<OTHER-EXPENSES>                     588
<LOSS-PROVISION>                      0
<INTEREST-EXPENSE>                   (1)
<INCOME-PRETAX>                     (45)
<INCOME-TAX>                          0
<INCOME-CONTINUING>                 (45)
<DISCONTINUED>                        0
<EXTRAORDINARY>                     462
<CHANGES>                             0
<NET-INCOME>                        (45)
<EPS-BASIC>                           0
<EPS-DILUTED>                         0


</TABLE>
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SUNSHINE ACT NOTICE

BAC 6735-01

September 29, 2015

TIME AND DATE: 2:00 p.m., Thursday, October 8, 2015

PLACE: The Richard V. Backley Hearing Room, Room 511N, 1331 

Pennsylvania Avenue, NW, Washington, DC 20004 (enter from 

F Street entrance)

STATUS: Open 

MATTERS TO BE 

CONSIDERED: The Commission will consider and act upon the following in open 

session: Secretary of Labor v. Hopkins County Coal, LLC, Docket 

Nos. KENT 2009-820-R, et al. (Issues include whether the 

Administrative Law Judge erred in concluding that MSHA was 

authorized to gain access to certain personnel records as part of a 

discrimination investigation without obtaining a warrant.)

Any person attending this meeting who requires special 

accessibility features and/or auxiliary aids, such as sign language 

interpreters, must inform the Commission in advance of those 

needs. Subject to 29 C.F.R. § 2706.150(a)(3) and § 2706.160(d).

CONTACT PERSON 

FOR MORE INFO: Emogene Johnson (202) 434-9935 / (202) 708-9300 for TDD

Relay / 1-800-877-8339 for toll free.

__________________________________

Sarah L. Stewart

Deputy General Counsel
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting. 

# SUMMARY:

Pursuant to the authorities in the Federal Advisory Committees Act (Pub. L. 92-463), the Southeast Washington Resource Advisory Committee (RAC) will meet on January 23, 2002 in Pomeroy, Washington. The purpose of the meeting is to meet as a Committee for the first time and to discuss the selection of Title II projects under Public Law 106-393, H.R. 2389, the Secure Rural Schools and Community Self-Determination Act of 2000, also called the “Payments to States” Act.

# DATES:

The meeting will be held on January 23, 2002 from 7 p.m. to 9 p.m.

# ADDRESSES:

                        The meeting will be held at the Forest Service office located at 71                               ( print page 54)                            West Main Street, Pomeroy, Washington.                    

# FOR FURTHER INFORMATION CONTACT:

Monte Fujishin, Designated Federal Official, USDA, Umatilla National Forest, Pomeroy Ranger District, 71 West Main Street, Pomeroy, WA 99347. Phone: (509) 843-1891.

# SUPPLEMENTARY INFORMATION:

This will be the first meeting of the committee, and will focus on meeting other RAC members and becoming familiar with duties and responsibilities. The meeting is open to the public. Public input opportunity will be provided and individuals will have the opportunity to address the committee at that time.

Dated: December 19, 2001.

Jeff D. Blackwood,

Forest Supervisor.

[FR Doc. 01-32202  Filed 12-31-01; 8:45 am]

BILLING CODE 3410-BH-M
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                            5418
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                   200
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      21075
<INVESTMENTS-CARRYING>                           10298
<INVESTMENTS-MARKET>                             10722
<LOANS>                                         138160
<ALLOWANCE>                                       2492
<TOTAL-ASSETS>                                  177255
<DEPOSITS>                                      139149
<SHORT-TERM>                                      8097
<LIABILITIES-OTHER>                               1595
<LONG-TERM>                                      10500
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         17641
<OTHER-SE>                                         273
<TOTAL-LIABILITIES-AND-EQUITY>                  177255
<INTEREST-LOAN>                                   2839
<INTEREST-INVEST>                                  426
<INTEREST-OTHER>                                    38
<INTEREST-TOTAL>                                  3303
<INTEREST-DEPOSIT>                                1096
<INTEREST-EXPENSE>                                1343
<INTEREST-INCOME-NET>                             1960
<LOAN-LOSSES>                                       90
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                   1332
<INCOME-PRETAX>                                    890
<INCOME-PRE-EXTRAORDINARY>                         890
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       642
<EPS-PRIMARY>                                      .64
<EPS-DILUTED>                                      .64
<YIELD-ACTUAL>                                    4.82
<LOANS-NON>                                          0
<LOANS-PAST>                                       223
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                  2344
<CHARGE-OFFS>                                        7
<RECOVERIES>                                        65
<ALLOWANCE-CLOSE>                                 2492
<ALLOWANCE-DOMESTIC>                              1920
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            572
        

</TABLE>
Exhibit 32.1



CERTIFICATION OF CEO 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, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the Report), Terry Considine, as Chief Executive 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/    TERRY CONSIDINE 
|Name:  |  | Terry Considine        
|Title: |  | Chief Executive Officer



Date:
March 10, 2006



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.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 35 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                 H. R. 35

 To terminate the designation of the Islamic Republic of Pakistan as a 
              major non-NATO ally, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2021

  Mr. Biggs introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL

 
 To terminate the designation of the Islamic Republic of Pakistan as a 
              major non-NATO ally, and for other purposes.

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

SECTION 1. TERMINATION OF DESIGNATION OF THE ISLAMIC REPUBLIC OF 
              PAKISTAN AS A MAJOR NON-NATO ALLY.

    (a) In General.--Effective beginning on the date of the enactment 
of this Act--
            (1) the designation of the Islamic Republic of Pakistan as 
        a major non-NATO ally pursuant to section 517(a)(1) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2321k(a)(1)) or any 
        other provision of law is hereby terminated; and
            (2) the President may not issue a separate designation of 
        the Islamic Republic of Pakistan as a major non-NATO ally 
        pursuant to section 517(a)(1) of such Act or any other 
        provision of law unless the President submits to Congress a 
        certification described in subsection (b).
    (b) Certification.--A certification described in this subsection is 
a certification that contains a determination of the President that--
            (1) Pakistan continues to conduct military operations that 
        are contributing to significantly disrupting the safe haven and 
        freedom of movement of the Haqqani Network in Pakistan;
            (2) Pakistan has taken steps to demonstrate its commitment 
        to prevent the Haqqani Network from using any Pakistani 
        territory as a safe haven;
            (3) the Government of Pakistan actively coordinates with 
        the Government of Afghanistan to restrict the movement of 
        militants, such as the Haqqani Network, along the Afghanistan-
        Pakistan border; and
            (4) Pakistan has shown progress in arresting and 
        prosecuting Haqqani Network senior leaders and mid-level 
        operatives.
                                 <all>
```
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JIANHO LUI, 

Petitioner, 

 v. 

MERRICK B. GARLAND, Attorney 

General, 

Respondent.

No. 21-70619 

Agency No. A213-375-391 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted January 19, 2022**

Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges.

Jianho Lui1, a native and citizen of China, petitions pro se for review of the

Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an 

immigration judge’s decision denying his motion to reopen proceedings and 

* 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).

1 Petitioner’s filings indicate that he spells his name “Liu.”

FILED

JAN 27 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 21-70619 

rescind his in absentia removal order. We have jurisdiction under 8 U.S.C. § 1252. 

We review for abuse of discretion the denial of a motion to reopen. Celis–

Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir. 2002). We grant and remand 

the petition for review.

The BIA abused its discretion in denying Lui’s motion to reopen where it 

failed to properly consider the totality of the circumstances in determining whether 

Lui has established exceptional circumstances. See 8 U.S.C. § 1229a(b)(5)(C)(i), 

(e)(1); Hernandez-Galand v. Garland, 996 F.3d 1030, 1034-35 (9th Cir. 2021) (“In 

considering the totality of the circumstances, the BIA must first consider whether 

‘petitioners did all they reasonably could to have their cases heard promptly,’ and 

whether ‘through no fault of their own, [petitioners] have never had their day in 

court to present their claim,’” in addition to other relevant considerations.)

(citations omitted). In addition, it appears the BIA did not properly credit Lui’s 

declaration. See Celis-Castellano, 298 F.3d at 892 (“[T]he Board must accept the 

facts in an alien’s affidavit as true unless inherently unbelievable.”). Thus, we 

grant the petition for review and remand to the BIA for further proceedings 

consistent with this disposition.

In light of this disposition, we do not reach Lui’s remaining contentions. See 

Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are 

not required to decide issues unnecessary to the results they reach).
3 21-70619 

The motion for a stay of removal (Docket Entry No. 1) is granted. Lui’s 

removal is stayed pending a decision by the BIA.

The parties must bear their own costs for this petition for review.

PETITION FOR REVIEW GRANTED; REMANDED.
<PAGE>

                                                                      Exhibit 21

                              List of Subsidiaries
                              --------------------

  Acclaim Distribution, Inc.
  Delaware

  Acclaim Comics, Inc.
  Delaware

  Acclaim Entertainment Canada, Ltd.
  Ontario, Canada

  LJN Toys, Ltd.
  New York

  Arena Entertainment, Inc.
  Delaware

  TNM Holdings, Inc.
  Delaware

  Annodeus Inc.
  Delaware

  Oyster Bay Warehouse Corporation
  New York

  ACA Holdings, Inc.
  Delaware

  Acclaim Coin-Operated Entertainment, Inc.
  Delaware

  Acclaim Cable Holdings, Inc.
  Delaware

  Acclaim Corporate Center I, Inc.
  New York

  Glen Street Studio Corp.
  New York

  Acclaim Studios - Texas, Inc.
  Texas

  Acclaim Studios - Utah, Inc.
  Utah

<PAGE>

  Acclaim Entertainment, Ltd.
  United Kingdom

  Acclaim Studios Teeside, Ltd.
  United Kingdom

  Acclaim Studios Ltd.
  United Kingdom

  Acclaim Studios London Ltd.
  United Kingdom

  Annodeus Ltd.
  United Kingdom

  Acclaim Japan, Ltd.
  Japan

  Annodeus France
  France

  Acclaim Entertainment, S.A.
  France

  Acclaim Entertainment GmbH
  Germany

  Acclaim Entertainment, S.A.
  Spain

  Acclaim Entertainment Pty. Ltd.
     Australia
|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                 |                             |
|--------------------------------------|----------------------------------|
| Date:  August      9, 2010 | /s/      Thomas B. Akin          |
|                                 | Thomas      B. Akin              |
|                                 | Principal      Executive Officer |
|                                 |                             |
|                                 |                             |
| Date:  August      9, 2010 | /s/      Stephen J. Benedetti    |
|                                 | Stephen      J. Benedetti        |
|                                 | Principal      Financial Officer |

----