alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 19-1738

___________________________

Kallys Albert, Sr.

lllllllllllllllllllllPlaintiff - Appellant

v.

GEICO General Insurance Company; John Doe

lllllllllllllllllllllDefendants - Appellees

 ____________

Appeal from United States District Court

for the District of Minnesota

 ____________

 Submitted: November 12, 2019

Filed: November 26, 2019

[Unpublished]

____________

Before SHEPHERD, KELLY, and ERICKSON, Circuit Judges. 

____________

PER CURIAM.
Kallys Albert, Sr., appeals the district court’s

1

dismissal without prejudice of

his 42 U.S.C. § 1981 and state law claims. Having carefully conducted a de novo

review of the record and arguments on appeal, we conclude that the district court

properly dismissed the section 1981 claims under Fed. R. Civ. P. 12(b)(6) for failure

to state a claim. See Topchian v. JPMorgan Chase Bank, N.A., 760 F.3d 843, 848-49

(8th Cir. 2014) (standard of review). We further conclude that the district court

properly dismissed the remaining state law claims for lack of subject-matter

jurisdiction under Fed. R. Civ. P. 12(b)(1) because Albert failed to meet his burden

of proving the amount in controversy by a preponderance of the evidence. See

Branson Label, Inc. v. City of Branson, Mo., 793 F.3d 910, 915 (8th Cir. 2015)

(standard of review); see also Am. Family Mut. Ins. Co. v. Vein Centers for

Excellence, Inc., 912 F.3d 1076, 1080-81 (8th Cir. 2019) (holding that when

defendant challenges plaintiff’s allegations, plaintiff must prove, by preponderance

of evidence, that amount in controversy did not appear to legal certainty to be less

than $75,000). The district court therefore did not abuse its discretion in declining

to exercise supplemental jurisdiction over Albert’s state law claims. See 28 U.S.C.

§ 1367(c)(3) (district court may decline to exercise supplemental jurisdiction over

state-law claims if court has dismissed all claims over which it has original

jurisdiction); Labickas v. Ark. State Univ., 78 F.3d 333, 334-35 (8th Cir. 1996) (per

curiam) (following dismissal of federal claims, court may dismiss state-law claims

without prejudice).

 

Accordingly, the judgment of the district court is affirmed. See 8th Cir. R.

47B. 

______________________________

1The Honorable Susan Richard Nelson, United States District Judge for the

District of Minnesota, adopting the report and recommendations of the Honorable

Elizabeth Cowan Wright, United States Magistrate Judge for the District of

Minnesota.

-2-
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DAY ELEV

 1,900.92

 1,900.94

 1,901.38

 1,901.34

 1,901.29

 1,900.92

 1,900.90

 1,901.04

 1,901.06

 1,900.78

 1,901.19

 1,900.71

 1,900.91

 1,901.15

 1,900.81

 1,900.98

 1,900.96

 1,901.16

 1,901.03

 1,900.89

 1,900.86

 1,900.92

 1,901.10

 1,901.17

 1,901.17

 1,901.16

 1,901.08

 1,900.98

 13,852

 13,867

 14,195

 14,165

 14,128

 13,852

 13,837

 13,941

 13,956

 13,749

 14,053

 13,698

 13,845

 14,023

 13,771

 13,896

 13,882

 14,031

 13,933

 13,830

 13,808

 13,852

 13,986

 14,038

 14,038

 14,031

 13,971

 13,896

STORAGE

-104

+15

+328

-30

-37

-276

-15

+104

+15

-207

+304

-355

+147

+178

-252

+125

-14

+149

-98

-103

-22

+44

+134

+52

+0

-7

-60

-75

CHANGE

362

872

514

333

328

207

336

399

357

274

515

164

2,215

435

809

412

339

419

297

294

350

369

414

374

346

343

317

309

INFLOW

 80

 80

 80

 80

 80

 80

 80

 80

 80

 80

 80

 80

 80

 80

 80

 80

 41

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

POWER

 138

 139

 140

 140

 140

 138

 136

 139

 139

 151

 140

 135

 135

 137

 138

 139

 216

 296

 298

 296

 297

 297

 296

 297

 297

 298

 297

 296

SPILL

 80

 80

 80

 80

 80

 80

 80

 80

 80

 80

 80

 80

 80

 80

 80

 80

 41

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

OUTLETS

 0

 1

 1

 0

 0

 1

 1

 1

 3

 1

 1

 0

 2

 2

 0

 1

 0

 0

 0

 1

 1

 1

 1

 2

 0

 0

 0

 2

C.F.S.

 .02

 .04

 .04

 .02

 .02

 .05

 .06

 .05

 .12

 .04

 .06

 .01

 .08

 .08

 .00

 .05

 .01

 .00

 .00

 .04

 .06

 .03

 .06

 .09

 .01

 .00

 .00

 .10

INCHES

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

FEBRUARY 2011 LEWISTON LAKE DAILY OPERATIONS RUN DATE: March 1, 2011

IN LAKE

EVAPORATION

C.F.S. FRANCIS CARR

COMPUTED*

ACRE-FEET

RELEASE - C.F.S. 

TOTALS -60 12,703 1,321 1,321 5,705 23 1.14

ACRE-FEET -60 25,196 2,620 2,620 11,316 46

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES AND EVAPORATION.

(1) OUTLET RELEASE INCLUDES THE CONTINUOUS FISH RELEASE OF 75 C.F.S.

(2) INCHES OF EVAPORATION TAKEN FROM PAN AT TRINITY RIVER HATCHERY

SUMMARY

RELEASE (ACRE-FEET)

TOTAL POWER 2,620

TOTAL RIVER 16,556 21,664

 13,956

 5,108

RIVER

JUDGE FRANCIS CARR POWERPLANT

TOTAL RELEASE

JUDGE (2)

(1) POWERPLANT

 124

 564

 48

 48

 47

 47

 47

 47

 47

 66

 61

 48

 48

 46

 638

 49

 48

 48

 48

 49

 63

 49

 49

 49

 49

 49

 50

 49

 2,575

 5,108
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY ELEV

 3,471.13

 3,471.19

 3,471.19

 3,471.19

 3,471.19

 3,471.13

 3,471.13

 3,471.14

 3,471.14

 3,471.13

 3,471.13

 3,471.13

 3,471.13

 3,471.12

 3,471.12

 3,471.06

 3,471.06

 3,471.06

 3,471.05

 3,471.13

 3,471.20

 3,471.19

 3,471.18

 3,471.19

 3,471.19

 3,471.13

 3,471.13

 3,471.06

 3,471.06

 3,471.02

 3,471.01

 41,117

 41,156

 41,156

 41,156

 41,156

 41,117

 41,117

 41,124

 41,124

 41,117

 41,117

 41,117

 41,117

 41,111

 41,111

 41,072

 41,072

 41,072

 41,065

 41,117

 41,163

 41,156

 41,150

 41,156

 41,156

 41,117

 41,117

 41,072

 41,072

 41,046

 41,039

STORAGE

-33

+39

+0

+0

+0

-39

+0

+7

+0

-7

+0

+0

+0

-6

+0

-39

+0

+0

-7

+52

+46

-7

-6

+6

+0

-39

+0

-45

+0

-26

-7

CHANGE

26.4

83.3

63.2

68.0

71.0

39.4

64.3

67.0

63.3

60.5

61.2

61.5

65.8

61.0

66.1

34.8

57.5

58.9

47.5

87.2

88.2

51.5

49.2

57.5

56.1

28.2

52.4

19.4

41.8

21.4

38.3

INFLOW

 24

 27

 26

 31

 32

 38

 43

 41

 40

 43

 42

 40

 45

 46

 48

 48

 51

 52

 45

 42

 27

 20

 18

 17

 18

 27

 31

 36

 36

 30

 37

CONDUIT

 16.5

 34.1

 34.1

 34.1

 34.1

 16.5

 16.5

 19.2

 19.2

 16.5

 16.5

 16.5

 16.5

 14.0

 14.0

 2.3

 2.3

 2.3

 1.3

 16.5

 37.4

 34.1

 31.0

 34.1

 34.1

 16.5

 16.5

 2.3

 2.3

 .1

 .0

SPILL

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

PK CR

 1.0

 1.6

 2.2

 2.0

 4.0

 3.1

 3.3

 2.5

 3.3

 3.0

 1.2

 3.5

 2.8

 3.0

 3.1

 3.5

 3.5

 3.9

 4.0

 1.0

 0.0

 0.0

 2.2

 2.5

 3.1

 2.9

 3.4

 3.1

 2.8

 3.5

 3.8

C.F.S.

 .046

 .077

 .105

 .093

 .189

 .148

 .155

 .120

 .158

 .145

 .059

 .168

 .135

 .145

 .150

 .165

 .165

 .187

 .192

 .050

 .000

 .000

 .105

 .119

 .150

 .140

 .163

 .150

 .135

 .168

 .181

INCHES

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 1.17

 1.39

 .08

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

MAY 2002 JENKINSON LAKE DAILY OPERATIONS RUN DATE: 06/18/2002

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

ACRE-FEET

RELEASE - C.F.S. 

TOTALS -111 1,711.9 1,101 31.0 551.4 82.8 3.963 2.64

ACRE-FEET -111 3,395.6 2,184 61.5 1,093.7 164.2

COMMENTS:

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES AND EVAPORATION.

DATA BASED ON 24 HOUR PERIOD ENDING 0800.

SUMMARY

RELEASE (ACRE-FEET)

CAMINO-CONDUIT 2,183.8

SLY PARK CREEK

SPILL

 61.5

 1,093.7

 737.9

PRECIPITATION

THIS MONTH =

JULY 1, 2001 TO DATE = 43.47

 41,150

 1,446.0 2.64

CAMINO SLY

CAMP

CREEK

C.F.S.

 54

 51

 51

 52

 55

 57

 59

 59

 57

 56

 49

 48

 47

 48

 50

 49

 47

 47

 46

 57

 48

 41

 41

 42

 40

 39

 38

 38

 36

 36

 34

 1,472

 2,920

E.I.D. PROJECT

E.I.D. WATER RIGHTS
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/ Douglas Larson

President(Principal Executive Officer)Dated: June 29, 2011
Filed 6/30/14 P. v. Aguirre CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication

or ordered published for purposes of rule 8.1115. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

JOSE CARMEN ALAVARADO 

AGUIRRE,

Defendant and Appellant.

 H040145

 (Monterey County

 Super. Ct. No. SS131535)

Defendant Jose Carmen Alavarado Aguirre’s suppression motion was denied, and 

he pleaded guilty to possession of a controlled substance (Health & Saf. Code, § 11350)

on the condition that he be granted deferred entry of judgment. The court accepted his 

plea and granted him deferred entry of judgment. Defendant then filed a notice of appeal 

from the denial of his suppression motion. His appointed counsel filed an opening brief 

that purported to be authorized under People v. Wende (1979) 25 Cal.3d 436, but he 

admitted that deferred entry of judgment “is not appealable.” 

Since there was no appealable order or judgment, we are compelled to dismiss the 

appeal. In People v. Mazurette (2001) 24 Cal.4th 789 (Mazurette), the defendant’s 

suppression motion was denied, he pleaded no contest, and the court granted deferred 

entry of judgment. The defendant then appealed, and his appellate counsel filed a Wende

brief. (Mazurette, at pp. 791-792.) The Court of Appeal dismissed the appeal, and the 
2

California Supreme Court upheld that decision on the ground that there was no 

appealable order or judgment. (Mazurette, at pp. 793-796.) 

The purported appeal is dismissed.

_______________________________

Mihara, J.

WE CONCUR:

_____________________________

Premo, Acting P. J.

_____________________________

Elia, J.
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, DC 20549
 FORM 6-K
 REPORT OF FOREIGN PRIVATE ISSUER
PURSUANT TO RULE 13a-16 OR 15d-16
UNDER THE SECURITIES EXCHANGE ACT OF 1934
 For the month of June 2011
 
 Commission File Number: 001-34238
 
 THE9 LIMITED
 
  þ o




---



##### 



THE9 LIMITEDBy:
    /s/ Jun ZhuName:
    Jun ZhuTitle:
    Chairman and Chief Executive Officer




---



##### 



Exhibit Index




---



##### 



Exhibit 99.1
 
 The9 Limited Announces US$25 Million Share Repurchase Program
 Shanghai, China  June 13, 2011.
  About The9 Limited
  Safe Harbor Statement
 6-K,




---



#####
### §1161z. Henry Kuualoha Giugni Kupuna Memorial Archives

#### (a) Grants authorized

From the amounts appropriated under subsection (c), the Secretary is authorized to award a grant to the University of Hawaii Academy for Creative Media for the establishment, maintenance, and periodic modernization of the Henry Kuualoha Giugni Kupuna Memorial Archives at the University of Hawaii.

#### (b) Use of funds

The Henry Kuualoha Giugni Kupuna Memorial Archives shall use the grant funds received under this section—

(1) to facilitate the acquisition of a secure web-accessible repository of Native Hawaiian historical data rich in ethnic and cultural significance to the United States for preservation and access by future generations;

(2) to award scholarships to facilitate access to postsecondary education for students who cannot afford such education;

(3) to support programmatic efforts associated with the web-based media projects of the archives;

(4) to create educational materials, from the contents of the archives, that are applicable to a broad range of indigenous students, such as Native Hawaiians, Alaskan Natives, and Native American Indians;

(5) to develop outreach initiatives that introduce the archival collections to elementary schools and secondary schools;

(6) to develop supplemental web-based resources that define terms and cultural practices innate to Native Hawaiians;

(7) to rent, lease, purchase, maintain, or repair educational facilities to house the archival collections;

(8) to rent, lease, purchase, maintain, or repair computer equipment for use by elementary schools and secondary schools in accessing the archival collections;

(9) to provide preservice and in-service teacher training to develop a core group of kindergarten through grade 12 teachers who are able to provide instruction in a way that is relevant to the unique background of indigenous students, such as Native Hawaiians, Alaskan Natives, and Native American Indians, in order to—

(A) facilitate greater understanding by teachers of the unique background of indigenous students; and

(B) improve student achievement; and

(10) to increase the economic and financial literacy of postsecondary education students through the dissemination of best practices used at other institutions of higher education regarding debt and credit management and economic decisionmaking.

#### (c) Authorization of appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

(Pub. L. 89–329, title VIII, §895, as added Pub. L. 110–315, title VIII, §801, Aug. 14, 2008, 122 Stat. 3445.)
August 26, 2015 

Dear Mr. Paul M. Hem, Jr: 

This letter is to inform you that the following information is missing from your petition 

(Docket No. FAA-2015-1168). This information is necessary for the Federal Aviation 

Administration (FAA) to process your petition. 

 Describe the aircraft make(s), model(s), and type(s) (i.e., fixed-wing, rotorcraft, 

lighter-than-air) for the proposed UAS operation. The description(s) should include the 

maximum weight (including payload). This information can be located in the 

aircraft manual(s). 

Please submit the additional information (non-proprietary) to your docket at 

www.regulations.gov and submit any proprietary information to the FAA Headquarters or 

electronically via email to 333exemptions@faa.gov. If you want us to process your request any 

further, we must receive the information described above by 9/9/15. If we do not receive the 

information, we will close the docket without notifying you further. 

If you have any questions, please feel free to contact me at (202) 267-4712. 

Sincerely, 

/s/ 

Brenda Robeson 

Program Analyst
EXHIBIT 32.2
                                                                    ------------



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


     In connection with the quarterly report of Spire Corporation (the
"Company") on Form 10-QSB (the "Report") for the period ended September 30, 2005
as filed with the Securities and Exchange Commission on the date hereof, I,
James F. Parslow, Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of
2002, that:

     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:    November 14, 2005                 By:  /s/ James F. Parslow
                                                 -------------------------------
                                                 James F. Parslow
                                                 Chief Financial Officer






     A signed original of this written statement required by Section 906, or
other document authenticating, acknowledging, or otherwise adopting the
signatures that appear in typed form within the electronic version 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.
̄ 0 5 10 20

Miles

Public Motorized Travel

Main Roads

Non-National Forest System Lands

Forest Boundary

Legend

April, 2012

Sundance

Custer

Rapid

City

Deadwood

Lead

Sturgis

Hot

Springs

Edgemont

Wind Cave

National Park

Newcastle

Hill

City

Sand Creek

Beaver

Park

Cook

Lake

Rochford

Custer

State Park

Wilderness

Spearfish

§ ̈¦I-90

£¤16

Mountain Pine Beetle Response Project

Alternative A

Transportation Map

Record Of Decision March 2010

Black Hills National Forest

§ ̈¦I-90

§ ̈¦I-90

3385

3385

3385

316

316

316
[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Notices]
[Page 20435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8698]


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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Notice of Applications for Certificates of Public Convenience and 
Necessity and Foreign Air Carrier Permits

    Notice of Applications for Certificates of Public Convenience and 
Necessity and Foreign Air Carrier Permits Filed Under Subpart B 
(formerly Subpart Q) during the Week Ending March 5, 2011. The 
following Applications for Certificates of Public Convenience and 
Necessity and Foreign Air Carrier Permits were filed under Subpart B 
(formerly Subpart Q) of the Department of Transportation's Procedural 
Regulations (See 14 CFR 301.201 et seq.).
    The due date for Answers, Conforming Applications, or Motions To 
Modify Scope are set forth below for each application. Following the 
Answer period DOT may process the application by expedited procedures. 
Such procedures may consist of the adoption of a show-cause order, a 
tentative order, or in appropriate cases a final order without further 
proceedings.
    Docket Number: DOT-OST-2010-0093.
    Date Filed: February 28, 2011.
    Due Date for Answers, Conforming Applications, or Motion To Modify 
Scope: March 21, 2011.
    Description: Amendment No. 2 of Open Joint Stock Company Transaero 
Airlines (``Transaero'') to its application for a foreign air carrier 
permit to include a request for authority for Transaero to provide 
scheduled foreign air transportation of persons, property, and mail (i) 
from any point or points behind the Russian Federation, via any point 
or points in the Russian Federation and intermediate points, to Los 
Angeles, California, and (ii) from Los Angeles, California, to any 
point or points in the Russian Federation and beyond.

Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 2011-8698 Filed 4-11-11; 8:45 am]
BILLING CODE 4910-9X-P
STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the matter of

The State ofConnecticut and

Montville Power LLC

)

)

)

)

)

Trading Agreement and Order No. 8216A

Modification No.3

Whereas, the Commissioner of Environmental Protection (UCommissionerU) and Montville Power

LLC ('Respondent) having agreed to the terms and conditions set forth in Trading Agreement and

Order No. 8216A and all previous modification thereto, do now, by mutual agreement, further

modify said modified Trading Agreement and Order as follows:

1. All references to May 1, 2009 with respect to the authorization to use emissions

reduction credit trading and/or emission reduction credits and NOx allowances to

comply with the emissions limits of Subsections 22a-l 74-22(d)(l) through 22a-174-

22(d)(2)(A) ofthe Regulations ofConnecticut State Agencies ('Regulations) are hereby

replaced with May 1, 2010.

2. Any references to October 1st with respect to the date by which the Respondents shall

estimate and acquire Discrete Emission Reduction Credits ('DERCS') and/or allowances

for the non-ozone season shall now include October 1, 2009.

3. Any references to May 31, 2007 and May 31, 2008 with respect to calculation and

retirement of non-ozone season DERCs shall now include May 31, 2009 and May 31,

2010.

4. All references to September 1, 2008 with respect to the submission of Future

Compliance Reports are hereby replaced with September 1, 2009.

5. No later than May 1,2010, with respect to the emission units identified in Trading

Agreement and Order No. 8216A and/or its subsequent modifications, the Respondent

shall comply with the requirements of Sections 22a-174-22(d)(I) and 22a-174-

22(d)(2)(A) ofthe Regulations.

6. All other terms and conditions ofTrading Agreement and Order No. 8216A, as

modified, shall remain in effect.

( Printed on Recycled Paper)

79 Elm Streel • Hartford. CT 06106· 5127

hup:J!www.et.gov/dcp

A" E(/II(// Opportllniry Employer
Montville Power LLC 2 Trading Agreement and Order No. 8216A

Modification No.3

The Respondent hereby consents to the entry ofthis modification to the Trading Agreement

and Order without further notice.

Montville Power LLC

Name: -~:..:.=:.:..=---=-=~~=:.;...,,;,.~---

Date: J..\ -l (.,-o'l

Issued as a modification of a Trading Agreement and Order.

Gar ose

Director

Engineering and Enforcement Division

Bureau of Air Management

o'+- - :l... - .J.-tr{:f[

Date