alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

DAVID J. OGLE,

 Plaintiff - Appellant,

 v.

RALPH A. YATES; et al.,

 Defendants - Appellees.

No. 12-35705

D.C. No. 3:12-cv-00571-BR

MEMORANDUM*

Appeal from the United States District Court

for the District of Oregon

Anna J. Brown, District Judge, Presiding

Submitted May 13, 2014** 

Before: CLIFTON, BEA, and WATFORD, Circuit Judges

David J. Ogle appeals pro se from the district court’s judgment dismissing

his 42 U.S.C. § 1983 action alleging constitutional violations in connection with

the revocation of his medical license. Ogle was given leave to amend, which he

refused to do. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. 

FILED

MAY 29 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
Yokeno v. Mafnas, 973 F.2d 803, 806 (9th Cir. 1992). We affirm.

The district court properly dismissed the claims against the State of Oregon

and the Oregon Medical Board as barred by the Eleventh Amendment. See

Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100 (1984) (Eleventh

Amendment immunity applies to states and their agencies “regardless of the nature

of the relief sought”); Montana v. Goldin (In re Pegasus Gold Corp.), 394 F.3d

1189, 1195 (9th Cir. 2005) (absent waiver, state and its agencies are immune under

the Eleventh Amendment from private actions in federal court). 

The district court properly dismissed the claims against Judges Schuman,

Wollheim, and Nakamoto on the basis of judicial immunity. See Ashelman v.

Pope, 793 F.2d 1072, 1075 (9th Cir. 1986) (en banc) (“Judges and those

performing judge-like functions are absolutely immune from damage liability for

acts performed in their official capacities.”). 

The district court properly dismissed the claims against Foote and Alexander

on the basis of prosecutorial immunity. See Fry v. Melaragno, 939 F.2d 832, 837

(9th Cir. 1991) (government attorneys have absolute immunity from damages

liability for performing acts “intimately associated with the judicial phase” of

litigation).

The district court properly dismissed the claims against the remaining

2 12-35705
defendants because Ogle failed to allege facts demonstrating that these defendants

were personally involved in any constitutional violation or that there was a causal

connection between their conduct and any alleged violation. See Starr v. Baca,

652 F.3d 1202, 1207 (9th Cir. 2011) (requirements for establishing supervisory

liability); Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982) (vague and

conclusory allegations of official participation in civil rights violations are not

sufficient to withstand dismissal).

AFFIRMED.

3 12-35705
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 HIGH

 462

 419

 436

 433

 444

 452

 446

 428

 422

 415

 413

 403

 411

 413

 427

 446

 463

 471

 482

 494

 504

 517

 529

 542

 560

 571

 592

 598

 590

 532

 473

 383

 384

 377

 381

 382

 384

 393

 394

 386

 379

 379

 380

 382

 387

 396

 409

 428

 445

 459

 458

 480

 494

 508

 521

 532

 542

 535

 494

 490

 477

 391

 405

 397

 399

 400

 402

 401

 403

 399

 397

 388

 386

 388

 393

 401

 410

 425

 444

 455

 469

 479

 491

 507

 521

 531

 548

 560

 557

 535

 523

 494

 443

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

DECEMBER 2005 WATER QUALITY REPORT RUN DATE: January 20, 2006

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

VICTORIA CANAL ON THE MIDDLE RIVER
#### § 3175.42 Chart recorders.

Chart recorders used in conjunction with approved differential-type meters that are installed, operated, and maintained in accordance with the standards in § 3175.90 are approved for use for low-volume and very-low-volume FMPs only, and are not approved for high-volume or very-high-volume FMPs.
### §458ddd. Transferred

#### **Editorial Notes**

#### Codification

Section 458ddd was editorially reclassified as section 5421 of this title.
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 Justice Drug Enforcement Administration
 By Notice dated May 5, 2004, and published in the 
                    **Federal Register**
                     on May 26, 2004, (69 FR 29979), Varian, Inc. Lake Forest, 25200 Commercentre Drive, Lake Forest, California 92630-8810, made application by renewal to the Drug Enforcement Administration (DEA) for registration as a bulk manufacturer of the basic classes of controlled substances listed below: Drug
SchedulePhencyclidine (7471)
II1-Piperidinocyclohexane-carbonitrile (8603)
IIBenzoylecgonine (9180)
II
 The company plans to manufacture small quantities of controlled substances for use in diagnostic products. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Varian, Inc. Lake Forest to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Varian, Inc. Lake Forest to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: September 16, 2004. William J. Walker, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.


[FR Doc. 04-21956 Filed 9-29-04; 8:45 am] BILLING CODE 4410-09-M
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 HIGH

 826

 849

 837

 814

 784

 747

 796

 781

 791

 778

 744

 757

 733

 666

 633

 642

 623

 546

 552

 518

 493

 505

 512

 511

 501

 499

 497

 488

 475

 485

 493

 685

 669

 660

 650

 644

 634

 626

 621

 613

 605

 589

 572

 549

 544

 539

 529

 527

 513

 494

 475

 470

 469

 463

 463

 459

 454

 454

 456

 452

 450

 451

 730

 728

 716

 701

 686

 666

 662

 655

 647

 637

 627

 610

 583

 569

 569

 560

 545

 526

 517

 491

 480

 484

 482

 478

 474

 471

 468

 466

 461

 462

 465

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

MARCH 2014 WATER QUALITY REPORT RUN DATE: June 6, 2014

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

VICTORIA CANAL ON THE MIDDLE RIVER
§ 29.2 Creation of the Fund. ( a ) The Trans-Alaska Pipeline Liability Fund (Fund) was created by the Act as a non-profit corporation to be administered by the holders of the Trans-Alaska Pipeline right-of-way under regulations prescribed by the Secretary. The vessel Owner and Operator are strickly liable for the first $14 million of claims for any one incident. The vessel Owner and Operator remain liable for claims over that amount whenever the damages involved were caused by the unseaworthiness of the vessel or by negligence and should the Fund pay any claims under those circumstances, the Fund retains the right of subrogation. The Fund's maximum liability for any one incident is the amount of the claims over $14 million but not to exceed $100 million.
( b ) The Fund shall be subject to, and shall take all steps necessary to carry out its responsibilities under, the Act and these implementing regulations.
( c ) The right to repeal, alter, or amend these regulations is expressly reserved.
Fourth Court of Appeals

San Antonio, Texas

December 16, 2015

No. 04-15-00774-CV

IN RE CHENEGA SUPPORT SERVICES, LLC

Original Mandamus Proceeding1

ORDER

Sitting: Marialyn Barnard, Justice

Rebeca C. Martinez, Justice

Jason Pulliam, Justice

On December 9, 2015, relator Chenega Support Services, LLC filed a petition for writ of 

mandamus and motion for temporary emergency stay pending a ruling on the mandamus 

petition. The court has considered the petition for writ of mandamus and is of the opinion that 

relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus and 

motion for temporary emergency stay are DENIED. See TEX. R. APP. P. 52.8(a). The court’s 

opinion will issue at a later date.

It is so ORDERED on December 16, 2015.

_________________________________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 16th day of December, 2015.

___________________________________

Keith E. Hottle, Clerk

 

1 This proceeding arises out of Cause No. 2015-CI-13340, styled American Hospital Services Group, LLC v. 

Dependable Health Services, Inc.; Dependable American Hospital Services, LLC; and Amegy Bank National 

Association, pending in the 37th Judicial District Court, Bexar County, Texas, the Honorable Martha B. Tanner 

presiding.
### §486. Omitted

#### **Editorial Notes**

#### Codification

Section, act July 14, 1954, ch. 472, §3, 68 Stat. 468, which authorized prescription of regulations to carry out sections 484 to 486 of this title, was omitted from the Code as being of special and not general application.
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

 786.18

 785.60

 785.04

 784.36

 783.58

 782.82

 782.22

 781.42

 780.54

 779.65

 778.75

 777.83

 776.91

 775.89

 774.68

 774.37

 774.46

 773.38

 772.09

 770.82

 769.53

 768.13

 766.78

 765.40

 764.03

 762.60

 761.22

 759.74

 758.27

 756.51

 753.89

 5,102

 5,054

 5,007

 4,951

 4,887

 4,825

 4,777

 4,712

 4,642

 4,571

 4,501

 4,430

 4,359

 4,282

 4,190

 4,167

 4,174

 4,094

 4,000

 3,908

 3,816

 3,718

 3,624

 3,530

 3,438

 3,344

 3,253

 3,158

 3,065

 2,955

 2,794

STORAGE

-50

-48

-47

-56

-64

-62

-48

-65

-70

-71

-70

-71

-71

-77

-92

-23

+7

-80

-94

-92

-92

-98

-94

-94

-92

-94

-91

-95

-93

-110

-161

CHANGE

5

6

6

8

8

9

8

7

5

4

5

4

4

8

4

3

4

4

3

4

4

1

3

3

4

3

4

2

3

5

-6

INFLOW

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 30

 30

 30

 36

 40

 40

 32

 40

 40

 40

 40

 40

 40

 47

 50

 15

 0

 44

 50

 50

 50

 50

 50

 50

 50

 50

 50

 50

 50

 60

 75

TIME COPPER

UNITED STATES DEPARTMENT OF THE INTERIOR

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

MAY 2001 SPRING CREEK DEBRIS RESERVOIR DAILY OPERATIONS RUN DATE: June 25, 2001

IN LAKE

SPRING CR DEBRIS DAM

ZINC

C.F.S.

COMPUTED*

ACRE-FEET

RELEASE - C.F.S.

TOTALS -2,358 135 0 1,319

ACRE-FEET -2,358 268 0 2,616

COMMENTS:

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

SUMMARY

RELEASE (ACRE-FEET)

SPILL 0

OUTLET

TOTAL

 2,616

 2,616

 5,152

SPILL OUTLET

**KES

COPPER

MG/L

Table 7
**Exhibit
      32.2**




CERTIFICATION
      OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350





In
      connection with the Form 10-KSB of Health Discovery Corporation formerly Direct
      Wireless Communications Inc. for the Year ended December 31, 2006, I, Daniel
      R.
      Furth, Chief Financial Officer of Health Discovery Corporation, hereby certify
      pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.906 of the
      Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that; such
      Form 10-KSB for the year ended, December 31, 2006, fully complies with the
      requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934;
      and the information contained in such Form 10-KSB for the year ended, fairly
      presents, in all material respects, the financial condition and results of
      operation of Health Discovery Corporation.




/s/ Daniel
              R.
              FurthDaniel
                R. Furth
              Executive
                Vice President
              Chief
                Financial Officer
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 HIGH

 238

 229

 221

 218

 223

 226

 218

 258

 292

 268

 197

 192

 193

 195

 190

 179

 192

 198

 221

 248

 184

 194

 180

 197

 243

 217

 216

 222

 222

 213

 223

 188

 183

 179

 176

 172

 169

 163

 162

 164

 167

 173

 174

 172

 167

 165

 162

 160

 157

 153

 153

 154

 163

 166

 171

 169

 169

 172

 172

 174

 181

 191

 206

 202

 197

 190

 192

 182

 176

 183

 203

 194

 185

 184

 183

 179

 175

 171

 172

 172

 173

 177

 163

 170

 174

 180

 183

 183

 187

 189

 193

 197

 205

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

JULY 2011 WATER QUALITY REPORT RUN DATE: August 24, 2011

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

VICTORIA CANAL ON THE MIDDLE RIVER
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

 130.90

 130.72

 130.60

 130.59

 130.60

 130.54

 130.59

 130.60

 130.58

 130.65

 130.81

 130.84

 130.78

 130.84

 130.79

 130.67

 130.74

 130.56

 130.62

 130.68

 130.76

 130.72

 130.63

 130.60

 130.56

 130.77

 130.65

 130.69

 130.66

 130.62

 130.70

 678

 658

 644

 643

 644

 637

 643

 644

 642

 650

 668

 671

 665

 671

 666

 652

 660

 640

 646

 654

 663

 658

 648

 644

 640

 664

 650

 655

 651

 646

 656

STORAGE

+5

-20

-14

-1

+1

-7

+6

+1

-2

+8

+18

+3

-6

+6

-5

-14

+8

-20

+6

+8

+9

-5

-10

-4

-4

+24

-14

+5

-4

-5

+10

CHANGE

629

603

604

631

650

652

640

637

636

624

643

655

625

592

576

584

591

538

548

545

531

510

511

552

571

610

604

591

565

564

570

INFLOW

 36

 34

 34

 34

 35

 36

 36

 36

 36

 35

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

 35

 36

 36

 37

 37

 36

 36

 36

 36

 36

PUTAH

 589

 578

 576

 597

 613

 619

 600

 599

 600

 584

 599

 618

 593

 553

 544

 556

 552

 513

 510

 506

 491

 477

 479

 517

 535

 560

 574

 551

 530

 530

 528

PUTAH

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 2

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

C.F.S.

 .30

 .36

 .30

 .36

 .25

 .32

 .30

 .33

 .33

 .30

 .33

 .32

 .29

 .44

 .39

 .27

 .29

 .27

 .29

 .33

 .21

 .23

 .24

 .25

 .41

 .30

 .30

 .25

 .23

 .26

 .26

INCHES

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-SOLANO PROJECT-CALIFORNIA

AUGUST 2011 RUN DATE: 09/06/2011

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

ACRE-FEET

RELEASE - C.F.S.

TOTALS -17 18,382 17,271 1,087 32 9.31 .00

ACRE-FEET -17 36,461 34,257 2,156 63

COMMENTS:

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

SUMMARY

RELEASE (ACRE-FEET)

PUTAH CREEK 2,156

PUTAH SOUTH CANAL 34,257

PRECIPITATION

THIS MONTH =

TO DATE =

 .00

JULY 1, 2011 .00

 673

LAKE SOLANO DAILY OPERATIONS

SOUTH CREEK
§ 2440.3 Specific criteria for segregative effect of classification for retention. ( a ) Public lands classified or proposed to be classified for retention for multiple-use management will be segregated from those forms of disposal which, if the lands remain open thereto, could: ( 1 ) Interfere significantly with the management of the lands under principles of multiple use and sustained yield, or
( 2 ) Impair or prevent, to an appreciable extent, realization of public values in the lands, or
( 3 ) Impair or prevent, to an appreciable extent, realization of the objectives of retention and management set forth in part 2420, or
( 4 ) Lead to unnecessary expenditures of public or private funds arising out of individual efforts to acquire public lands under laws, which are in fact not applicable, because of the nature of the resources of the lands.
( b ) In applying the criteria in paragraph (b)(1) of this section, land shall not be closed to mining location unless the nonmineral uses would be inconsistent with and of greater importance to the public interest than the continued search for a deposit of valuable minerals.
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADDED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report of Madison BancShares, Inc. (the Company) on Form 10-KSB for the year ended December 31, 2003 as filed with the Securities and Exchange Commission (the
Report), I, Robert B. McGivney, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as added by §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. | To my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for
the period covered by the Report.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |     |  |                                                          
|-------------------- |  | --- |  | ---------------------------------------------------------
|Date: March 26, 2004 |  | By: |  | /s/ Robert B. McGivney                                   
|                     |  |     |  | Robert B. McGivney, President and Chief Executive Officer
Exhibit 99(b)

                          PRESS RELEASE




FOR IMMEDIATE RELEASE
WEDNESDAY
SEPTEMBER 18, 1996

CONTACT PERSON:         STACY DUCKETT, VICE PRESIDENT
                        CORPORATE COMMUNICATIONS
                        (501) 688-8229



           TCBY ANNOUNCES NEW INTERNATIONAL DEVELOPMENT


LITTLE ROCK, AR - Wednesday (September 18)-TCBY ENTERPRISES,
INC.
(NYSE:TBY)  today  announced it has  executed a  development
agreement for  Australia, New  Zealand, Malaysia,  Singapore
and Vietnam.   TCBY  now has  development agreements  in  38
foreign countries.

Mr. Peter J. Burns and Mr.  Tajuddin J. H. Tan, will be  the
master franchisees and  will develop the  "TCBY"(Registered)
brand throughout  these five  countries through  franchising
and retail distribution.  Mr.  Burns is an entrepreneur  who
has developed  and  sold several  successful  businesses  in
manufacturing, retail and real estate development in Ireland
and Australia.   Mr.  Tan  is a  former owner  of  Pengkalen
Holdings Berhad, a $70 million food and juice production and
distribution company in the region.

During the first twelve  months locations will be  developed
in  Australia,   Malaysia  and   Vietnam  with   a   minimum
development of 125 locations over five years, throughout all
the countries.  The  Company did not  disclose the terms  of
the agreement.

"We are  very excited  about developing  the TCBY  brand  in
these  additional  countries,"   said  Hartsell   Wingfield,
President of TCBY International.   "With this agreement,  we
will now have distribution in virtually all of Asia and  the
Pacific Rim."

International Development    -2-         September 18, 1996




TCBY  now  has  development  agreements  for  the  following
countries in Asia/Pacific Rim:  Australia, China, Hong Kong,
India, Indonesia, Japan, Macao,  Malaysia, New Zealand,  the
Philippines, Singapore, South  Korea, Thailand and  Vietnam.
In addition,  regional  manufacturing operations  have  been
established by  master  franchisees  for  "TCBY"(Registered)
frozen yogurt products  in China and  South Korea, a  second
plant is  under  development  in China,  and  one  is  under
construction in Thailand.

The five new  countries have a  combined population of  over
110 million people.  American food concepts are very popular
in the area  and there  is a growing  consumer trend toward
lighter foods.   All  of  these countries  are  experiencing
expanding economies.

TCBY  Enterprises,  Inc.,   through  subsidiary   companies,
manufactures and sells  soft serve  frozen yogurt,  hardpack
frozen  yogurt,  hardpack  ice  cream,  and  frozen  novelty
products, and markets foodservice equipment.  The Company is
the  world's  largest   manufacturer-franchisor  of   frozen
yogurt.

                               -30-