alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Pursuant to 5 T H C IR . R. 47.5 , the court has determined that this opinionshould not * be publishe d and is not precedent except under the limited circu mstance s set forth in 5 T H C IR . R. 47.5 .4. 

### INTHE UNITED S TATESCOU RT OFAPPEALS

FORTHEFIFTH CIRCU IT

N o. 08- 60456 Su m m ar y Cal endar M I GUEL ANGEL CRUZ

- M EL GAR P et i t i on er v. ERI C H H OLD ER, J R. , U S ATTORN EY GE N ERA L Res po nde nt Pet i t i o n f

o rRev i e w o f

a n Ord e ro f

t he B o a r do f Im m ig r a tio n A p p e a ls B IAN o. A 99 523 882 B ef ore H IG G IN B O T H A M , B A R K S D A L E , an d H AY N E S , C i rcui tJu dg es. P E R C U R IA M: * M i gu elA n gelC ruz- M el gar, a m i n or, petit i on s f or revi ew of t h e deci si on of th e B o a r do f Im m ig r a tio n A p p e a ls ( B I A) d e n y in gh is a p p lic a tio n fo ra s y lu m . C ruz co n ten ds, as t h e I m m i grati on Ju dg e (IJ) concl u ded , t h at hi s app l i cat i on s h o u ldh a v e b e e n g r a n te db e c a u s e h e w ill b e p e r s e c u te do n a c c o u n t o f h is m em bershi p i n a parti cul ar soc i algroup consi st i n g of you n g H on du ran m al es

United States Court of App eals

Fifth Circuit 

### F I L E D June 22, 2 009 Cha rl es R. F ulb ru g e II I ClerkN o. 08- 60456

2 t a r g e t e db yg a n g s fo rr e c r u it m e n t . ( B e c a u s e C r u z h a s n o tc h a ll e n g e dth e B IA ’s c o nc l us i o n t hat he w as no te nt i t l e d t o w i t hho l di ng o f r e m o va lo rr e l i e f

und e rt he C o n v e n tio n A g a in s t T o r tu r e , a n ys u c h cla im s a r e a b a n d o n e d . S ee Soadj e de v . A sh cr oft , 3 2 4 F .3 d8 3 0 , 8 3 3 (5 th C ir . 2 0 0 3 ).) I n r e v i e wi n gd e c i s i o n s o f t h e BIA, we r e v i e w q u e s t i o n s o f l a w de no vo b ut defer “to the B IA ' s i n t erpret ati on of i m m i grati on st atutes u n l ess t h e rec ord r e v e a ls co m p e llin ge v id e n c e t h a t th e B IA ' s in te r p r e ta tio n is in c o r r e c t” . G om ezPalac i o s v . Hol d er , 560 F . 3d354 , 358 ( 5th C i r. 200 9) . Findings of factare r e v ie w e dfo rs u b s ta n tia l e v id e n c e . I d. “T h i s cou rt rev i ew s th e ord er of the B IA andw i l lc o ns i de rt he und e r l yi ng de c i s i o n o f t he I J o nl y i f

i tinf l ue nc e d the d eterm i n a ti on of th e B IA . ” I d. C ruz contend s t h e B IAerr ed i n fai l i n g t o consi der t h e hi st ory of h arassm en t an d m i st reat m en t suff ered by C ruz an d h i s fam i l y at th e ha n ds of gan g m em bers. C ruz m ai n t ai n s t h e B IAshou l d h ave con si dered d ocum en t ary e vi de nc e s ho w i ng t he H o ndur an po pul at i o n i n ge ne r alhas pr o bl e m s w i t h g ang m em ber s and young m en ar e typi c al l y r ec r ui t ed f organg m em ber shi p. Cruz has notes t abl i she d t he e vi denc e c om pel s a cont r ar y co ncl usi on f r om thatr eac hed by th e B IA . S ee E d u a rdv. A sh cr oft , 3 7 9 F .3 d1 8 2 , 1 9 0 (5 th C ir . 2 0 0 4 ). DE NI ED .
EXHIBIT 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER
 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 accompanying quarterly report on Form 10-Q of Colombia Goldfields Ltd. for the quarter ended March 31, 2009, I certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to my knowledge, that:

(1)

the quarterly Report on Form 10-Q of Colombia Goldfields Ltd. for the quarter ended March 31, 2009 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 quarterly Report on Form 10-Q for the quarter
ended March 31, 2009, fairly presents in all material respects, the financial
condition and results of operations of Colombia Goldfields Ltd.

| | By:    | /s/
J. Randall Martin                       
| | ------ | --------------------------------------------
| | Name:  | J. Randall Martin                           
| | Title: | Chief Executive Office and Vice
    Chairman
| | Date:  | April 30 , 2009                             



---
EXHIBIT 31.2

CERTIFICATION

I, Debra Hoopes, certify that:

1. I have reviewed this quarterly report on Form 10-QSB/A of Catcher Holdings, Inc.;

2. Based on my knowledge, this report
does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered
by this report;

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all
material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.
The registrants other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

c) Disclosed in this report any
change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and

5. The registrants
other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors:

a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report financial information; and

b) Any fraud, whether or not material, that
involves management or other employees who have a significant role in the registrants internal control over financial reporting.



|                         |  |  |  |                        
|------------------------ |  |  |  | -----------------------
|Date: September 29, 2006 |  |  |  | /s/ Debra Hoopes       
|                         |  |  |  | Debra Hoopes           
|                         |  |  |  | Chief Financial Officer
### §16138. EPA authority to accept diesel emissions reduction Supplemental Environmental Projects

The Administrator of the Environmental Protection Agency (hereinafter, the "Agency") may accept (notwithstanding sections 3302 and 1301 of title 31) diesel emissions reduction Supplemental Environmental Projects if the projects, as part of a settlement of any alleged violations of environmental law—

(1) protect human health or the environment;

(2) are related to the underlying alleged violations;

(3) do not constitute activities that the defendant would otherwise be legally required to perform; and

(4) do not provide funds for the staff of the Agency or for contractors to carry out the Agency's internal operations.

(Pub. L. 110–255, §1, June 30, 2008, 122 Stat. 2423.)

#### **Editorial Notes**

#### Codification

Section was not enacted as part of the Energy Policy Act of 2005 which comprises this chapter.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

S.T.L., )

)

Appellant, )

)

v. ) Case No. 2D15-3964

)

STATE OF FLORIDA, )

)

Appellee. )

)

Opinion filed July 1, 2016.

Appeal from the Circuit Court for 

Hillsborough County; Manuel A. Lopez, 

Judge.

Howard L. Dimmig, II, Public Defender, and

Brooke Elvington, Assistant Public Defender, 

Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, 

Tallahassee 

PER CURIAM.

In this Anders1 appeal, we find no error in the disposition or the sentence, 

but we remand for the circuit court to correct a scrivener's error in the disposition order. 

S.T.L. entered a plea of no contest to the offenses of possession of marijuana and 

 1Anders v. California, 386 U.S. 738 (1967).
- 2 -

possession of drug paraphernalia. The circuit court withheld adjudication and gave her 

a judicial warning. However, the following three options are checked on the disposition 

order: "Adjudication of delinquency is withheld," "The child is adjudicated delinquent," 

and "The child is given a Judicial Warning." The disposition order is remanded for the 

circuit court to correct the scrivener's error to reflect that adjudication of delinquency 

was withheld and the child was given a judicial warning. 

Affirmed; remanded to correct scrivener's error. 

CASANUEVA, SILBERMAN, and KELLY, JJ., Concur.
#### § 10.5 Computation of time.

In computing any period of time prescribed by these rules or allowed by the Commission or the Presiding Officer, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included unless it is a Saturday, a Sunday, or a legal holiday; in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday. Intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation only when the period of time prescribed or allowed is less than seven days.
### §10194. Siting research and related activities

#### (a) In general

Not later than 30 months after the date on which the Secretary completes the identification of sites under section 10193 of this title, the Secretary is authorized to complete sufficient evaluation of 3 sites to select a site for expanded siting research activities and for other activities under section 10198 of this title. The Secretary is authorized to conduct such preconstruction activities relative to such site selection for the test and evaluation facility as he deems appropriate. Additional sites for the location of the test and evaluation facility authorized in section 10222(d) of this title may be evaluated after such 30-month period, following the same procedures as if such sites were to be evaluated within such period.

#### (b) Public meetings and environmental assessment

Not later than 6 months after the date on which the Secretary completes the identification of sites under section 10193 of this title, and before beginning siting research activities, the Secretary shall hold at least 1 public meeting in the vicinity of each site to inform the residents of the area of the activities to be conducted at such site and to receive their views.

#### (c) Restrictions

Except as provided in section 10198 of this title with respect to a test and evaluation facility, in conducting siting research activities pursuant to subsection (a)—

(1) the Secretary shall use the minimum quantity of high-level radioactive waste or other radioactive materials, if any, necessary to achieve the test or research objectives;

(2) the Secretary shall ensure that any radioactive material used or placed on a site shall be fully retrievable; and

(3) upon termination of siting research activities at a site for any reason, the Secretary shall remove any radioactive material at or in the site as promptly as practicable.

#### (d) Title to material

The Secretary may take title, in the name of the Federal Government, to the high-level radioactive waste, spent nuclear fuel, or other radioactive material emplaced in a test and evaluation facility. If the Secretary takes title to any such material, the Secretary shall enter into the appropriate financial arrangements described in subsection (a) or (b) of section 10222 of this title for the disposal of such material.

(Pub. L. 97–425, title II, §214, Jan. 7, 1983, 96 Stat. 2247.)
#### § 303.23 Textile fiber products containing superimposed or added fibers.

Where a textile fiber product is made wholly of one fiber or a blend of fibers with the exception of an additional fiber in minor proportion superimposed or added in certain separate and distinct areas or sections for reinforcing or other useful purposes, the product may be designated according to the fiber content of the principal fiber or blend of fibers, with an exception naming the superimposed or added fiber, giving the percentage thereof in relation to the total fiber weight of the principal fiber or blend of fibers, and indicating the area or section which contains the superimposed or added fiber. Examples of this type of fiber content disclosure, as applied to products having reinforcing fibers added to a particular area or section, are as follows:

55% Cotton

45% Rayon

Except 5% Nylon added to toe and heel.

All Cotton except 1% Nylon added to neckband.
### Part E—Energy Conservation Program for Schools and Hospitals

#### **Editorial Notes**

#### Codification

This part was, in the original, designated part G and has been changed to part E for purposes of codification.
#### In the Matter of Harry L. De Back, Respondent, against Town of Irondequoit, Monroe County, Appellant.

Judgment and order affirmed, with costs. All concur. (Appeal from a judgment and order for petitioner in an action by a volunteer fireman for damages for injuries received while alleged to be on duty.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES RAY HUNTER, 

Plaintiff-Appellant, 

 v. 

M. PULICICCHIO, named as Captain M. 

Pulicicchio; ARIZONA DEPARTMENT OF 

CORRECTIONS; DANIELLA STIMPLE, 

Deputy Warden; THOMAS, named as C.O. 

IV Thomas; UNKNOWN PARTIES, named 

as Jane/John Doe A.D.O.C. Constituent 

Service Manager, 

Defendants-Appellees.

No. 21-16513 

D.C. No. 4:18-cv-00351-RCC

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Raner C. Collins, District Judge, Presiding

Submitted January 18, 2023**

Before: GRABER, PAEZ, and NGUYEN, Circuit Judges.

Arizona state prisoner James Ray Hunter appeals pro se from the district 

* 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

JAN 24 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 21-16513 

court’s summary judgment in his 42 U.S.C. § 1983 action alleging retaliation. We 

have jurisdiction under 28 U.S.C. § 1291. We review de novo. Toguchi v. Chung, 

391 F.3d 1051, 1056 (9th Cir. 2004). We affirm. 

The district court properly granted summary judgment on Hunter’s claim 

relating to Stimple’s investigation of the visitation grievance because Hunter failed 

to raise a genuine dispute of material fact as to whether his constitutional rights 

were violated. See Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005)

(setting forth the requirements of a retaliation claim in the prison context).

The district court properly granted summary judgment on Hunter’s claim 

relating to Stimple’s subsequent alleged retaliatory conduct because Hunter failed 

to exhaust his administrative remedies and he failed to raise a genuine dispute of 

material fact as to whether administrative remedies were effectively unavailable. 

See Albino v. Baca, 747 F.3d 1162, 1172 (9th Cir. 2014) (once the defendant has 

carried the burden to prove there was an available administrative remedy, the 

burden shifts to the plaintiff to produce evidence showing that administrative 

remedies were effectively unavailable to him). Although Hunter has submitted 

documents on appeal demonstrating his efforts to exhaust, we do not consider 

documents and facts not presented to the district court. See United States v. Elias, 

921 F.2d 870, 874 (9th Cir. 1990).

AFFIRMED.
##### 



Exhibit 32.1
 Certification
Pursuant to Section 1350 of Chapter 63 of Title 18 of the
United States Code as Adopted Pursuant to Section 906
of the Sarbanes-Oxley Act of 2002
  (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.
 Dated: August 22, 2005
    /s/ Larry W. DenneyName:
    Larry W. DenneyTitle:
    Chairman, President and
Chief Executive Officer
(principal executive officer)
§ 12.31 Production of documents and tangible items. ( a ) *By a party.* Any party, within the time prescribed in § 12.30(d) and subject to the limitations in § 12.30(a), may serve on any other party, a notice to produce copies of specifically designated categories of documents, papers, books, accounts, letters, photographs, objects, or tangible things which are in the party's possession, custody or control. A copy of the notice shall be served on all other parties to the proceeding. All documents requested in the notice to produce shall be served on the party seeking the discovery within twenty (20) days after service of the notice to produce.
( b ) *By a non-party.* Any party may, by filing an appropriate motion showing the need for the materials and an application for a subpoena in accordance with the procedure precribed in § 12.313 and within the time prescribed by § 12.30(d) of these rules, seek leave to serve upon a non-party a notice to produce copies of any specifically designated categories of materials as are described in paragraph (a) of this section. After an appropriate order and subpoena has been issued, such party may serve upon a non-party a notice to produce such materials. All materials requested in the notice to produce, and, if applicable, a detailed explanation of why any of the specified materials cannot be produced, shall be served on the party seeking discovery within such time (not to exceed thirty (30) days) as the subpoena shall specify. Enforcement of the order and subpoena may be sought in accordance with § 12.313.
### §15442. Transferred

#### **Editorial Notes**

#### Codification

Section 15442 was editorially reclassified as section 21042 of Title 52, Voting and Elections.
# United States Steel Corporation – Keetac

Response to U. S. EPA Section 114 Request - Item 1 - April 24, 2012 U. S. Steel– Keetac Concentrator Flowsheet 

# NSPC Concentrator Flowsheet

Gyratory Crusher Ore Storage
Sag Mills Cobber Magnetic Separators

Cobber Tails Hydroseparators Tails Thickeners Slurry Tanks Cyclone Rougher Magnetic Separator

Ball Mill Primary Screens Hydroseparators Finisher Magnetic

Separators Secondary

Screens

To Tailing Pond Final Concentrate To Pellet Plant
Comminution Separation Classification Tails System Intermediate Steps To Tails Thickeners

Plant Water System Lines 4 & 5 only

Lines 1 , 2 & 3 only
### §14665. Transferred

#### **Editorial Notes**

#### Codification

Section 14665 was editorially reclassified as section 40504 of Title 34, Crime Control and Law Enforcement.
### §12851. National Homeownership Trust

#### (a) Establishment

There is established the National Homeownership Trust, which shall be in the Department of Housing and Urban Development and shall provide assistance to first-time homebuyers in accordance with this subchapter.

#### (b) Board of Directors

The Trust shall be governed by a Board of Directors, which shall be composed of—

(1) the Secretary of Housing and Urban Development, who shall be the chairperson of the Board;

(2) the Secretary of the Treasury;

(3) the chairperson of the Board of Directors of the Federal Deposit Insurance Corporation;

(4) the chairperson of the Federal Housing Finance Board;

(5) the chairperson of the Board of Directors of the Federal National Mortgage Association;

(6) the chairperson of the Board of Directors of the Federal Home Loan Mortgage Corporation; and

(7) 1 individual representing consumer interests, who shall be appointed by the President of the United States, by and with the advice and consent of the Senate.

#### (c) Powers of Trust

The Trust shall have the same powers as the powers given the Government National Mortgage Association in section 1723a(a) of title 12.

#### (d) Travel and per diem

Members of the Board of Directors shall receive no additional compensation by reason of service on the Board, but shall be allowed travel expenses, including per diem in lieu of subsistence, as provided for employees of the Federal Government or in the same manner as persons employed intermittently in the Government service are allowed under section 5703 of title 5, as appropriate.

#### (e) Director and staff

#### (1) Director

The Board of Directors may appoint an executive director of the Trust and fix the compensation of the executive director, which shall be paid from amounts in the National Homeownership Trust Fund.

#### (2) Staff

Subject to such rules as the Board of Directors may prescribe, the Trust may appoint and hire such staff and provide for offices as may be necessary to carry out its duties. The Trust may fix the compensation of the staff, which shall be paid from amounts in the National Homeownership Trust Fund.

(Pub. L. 101–625, title III, §302, Nov. 28, 1990, 104 Stat. 4129.)

#### **Statutory Notes and Related Subsidiaries**

#### Short Title

For short title of this subchapter as the "National Homeownership Trust Act", see Short Title note set out under section 12701 of this title.
#### In the Matter of Wilson Rolon, Petitioner, v Charles H. Solomon et al., Respondents.

[821 NYS2d 141]

Application for an order pursuant to article 78 of the Civil Practice Law and Rules denied, the cross motion granted and the petition dismissed, without costs or disbursements. All concur. No opinion. Order filed. Concur — Tom, J.P., Andrias, Friedman, Marlow and Gonzalez, JJ.