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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ETUATE SEKONA,

Plaintiff

- Appellant,

v.
F. CUSTINO, Correctional Officer, Mule Creek State Prison; F. ANGLE, Correctional Officer, Mule Creek State Prison; L. SNOW, Correctional Officer, Mule Creek State Prison; J. CHARON, Lieutenant, Mule Creek State Prison,

Defendants

- Appellees. No. 23

- 15848

D.C. No. 2:16

- cv

- 00517

- TLN

- DMC

MEMORANDUM *

Appeal from the United States District Court for the Eastern District of California Troy L. Nunley, District Judge, Presiding

Submitted September 17 , 2024 * *

Before: WARDLAW, BADE, and H.A. THOMAS , Circuit Judges.

Etuate Sekona appeals pro se from the district court’s judgment dismissing

his 42 U.S.C. § 1983 action alleging constitutional claims arising f rom injuries he

* 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

SEP 23 2024

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 23

- 15848

suffered in prison . We have jurisdiction under 28 U.S.C § 1291. We review for an

abuse of discretion the district court’s dismissal for failure to prosecute or comply

with court orders

. Pagtalunan v. Galaza , 291 F.3d 639, 640 (9th Cir. 2002)

(failure to comply with court order); Al

- Torki v. Kaempen , 78 F.3d 1381, 1384 (9th

Cir. 1996) (failure to prosecute). We vacate and remand.

The district court dismissed Sekona’s action because it determined that

Sekona did not file a pretrial status report as directed by its November 15 , 2022

order granting an extension of time to file a status report

. However, the record

reflects that Sekona mailed a status report on November 7 , 2022
, which the district

court appeared to construe as solely a motion for a trial date. I n his objections to

the magistrate judge’s f

indings and r ecommendations, Sekona explained that he

attempted to file another status report in December 2022 and attached evidence of

this attempt to comply

. The district court did not address either attempt to comply

. Moreover, the reco rd does not reflect that the court warned Sekona that dismissal

would result from disobeying the November 15, 2022 order

. See Pagtalunan
, 291

F.3d at 642

- 43 ( discussing factors to be considered before dismissing as a

sanction ). We vacate the judgment and remand for further proceedings

. We do not consider arguments and allegations raised for the first time on

appeal, or documents not presented to the district court. See Padgett v. Wright
, 587 F.3d 983, 985 n.2 (9th Cir. 2009); United States v. Elias , 921 F.2d 870, 8743 23

- 15848

(9th Cir. 1990).

Sekona’s motion for appointment of counsel (Docket Entry Nos. 26 and 27)

is denied

. Sekona’s motions for an extension of time to file the reply brief (Docket

Entry No. 33) and to file an oversized reply brief (Docket Entry No 35) are

granted.

The parties will bear their own costs on appeal.

VACATED and REMANDED.
Jenna Garland, Atlanta, GA jenna.garland@gmail.com 

# -----··

''•• ...

# _ My name



# ~~'Jenna**Garlan~** "--,,, _/ Igrew up in 1/1/ooasfock, GA, about 30 minutes from where we sittoday. Ihad the great pleasure of going to a wonderful school and living in a wooded, pretty area where we spent a lot oftime outdoors playing, both at school and at home. I remember this time mostly veryfondly. 

### My bad memories are from when my best friend, Anna, suffered asthma attacks on the playground or in the backyard, orwhen wewere cooped up and notallowedto go outside because airqualitywas bad and could triggeran asthma attack. When I got older, I learned that for my entire childhood, Georgia Power was burning coal at its Jack rv1cDonough power plant in nearby rv1arietta. Georgia Power has since converted this plant to natural gas, so fewer pollutants that trigger asthma attacks are coming out of its smokestacks, but still, Iwill neverforget how Ifelt when I learned that myself, myfamily and my friends had been breathing in pollution from that plant. I am angry on behalf of my friend Anna, who suffered needlessly, and on behalf of the other children Igrew up with that breathed in that pollution. Iam angryon behalfofchildren today, and future generations of children, who will have to choose between playing outside - a special, important part ofour lives -and risking an asthma attack, orstaying indoors. 

### As an adult, spending time outdoors, hiking, running, participating in myoutdoor boot campwith myfriends, heck, even reading in the backyard as mycats chase bugs, areall veryimportantto me and my partner. Carbon pollution from power plants threaten all these activities. Carbon pollution is linked to the air pollution that triggers asthma attacks, causes respiratory illness, decreased lungfunction and can even trigger a heartattack. Carbon pollution from power plants drives climate disruption, driving extremeweather events like those we've faced here in Georgia over the last decade and frankly, throughout most of my lifetime. Iapplaud the US Environmental Protection Agency, Administrator Gina rv1cCarthy and President Barack Obama in taking this critical first step to curbing unchecked carbon pollution and making Georgia, the Southeast region and the United States more resilient, more secure and more prosperous. Thank you.
----

| 1. | I      have reviewed this annual report on Form 10-K/A of General Communication,      Inc. for the period ended December 31, 2008;and |
|----|---------------------------------------------------------------------------------------------------------------------------------------|

| 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; |
|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|  April      23, 2009 |   | /s/      John M. Lowber                                                           |
|---------------------------|--------|-----------------------------------------------------------------------------------|
| Date                      |   | John      M. Lowber                                                               |
|                      |   | Senior      Vice President, Chief Financial Officer, Secretary and      Treasurer |

|   |                                                                                                                                                                                                                                                                                                                                                           |   |
|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
| 1      | Paragraph      3 is omitted since no financial statements are included in the amended      filing. Paragraphs 4 and 5 are omitted since the amendment does not      contain an amendment to the Reg. S-K Item 307 and 308 disclosures      regarding the evaluation of disclosure controls and procedures and      internal controls over financial reporting. |
|   |                                                                                                                                                                                                                                                                                                                                                           |   |

----
Comment Info: =================

General Comment:Petition for exemption against 14 CFR Part 25.981(a)(3) ?Fuel tank ignition prevention.] at amendment 25-102.

For your consideration, please find attached herewith, the following documents:
1) The complete compliance plan for 14 CFR 25.981(a)(3); and
2) The official BA partial exemption request with specific reference to the supporting substantiation data which will complete the requirements to meet the FAA policy for an exemption against 14 CFR Part 25.981(a)(3).  

Considering the extent of the discussions and transmissions of supporting data for this exemption, already accomplished since April 2010, we respectfully request approval of this petition on or before September 3, 2010.
#### In the Matter of the Claim of Fereda D. Logghe, Appellant. BWIA West Indies Airways Limited, Respondent; Commissioner of Labor, Respondent.

[834 NYS2d 350]

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 21, 2006, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant worked as an administrative assistant for an airline company for just over one year. She was dissatisfied with the manner in which her supervisor administered vacation, sick leave and attendance policies and felt that she was treated differently than other employees. Following an argument with her supervisor concerning these issues, claimant quit her job. The *1004Unemployment Insurance Appeal Board ruled that she was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. Claimant appeals.

We affirm. It is well settled that general dissatisfaction with working conditions or the inability to get along with a supervisor does not constitute good cause for leaving employment *(see Matter of Pele [Commissioner of Labor],*32 AD3d 1084, 1085 [2006]; *Matter of Solano [Sweeney],*234 AD2d 845, 846 [1996]). Based upon claimant’s own testimony, these factors caused her to quit her job. Her claim of discrimination presented an issue of credibility for the Board to resolve *(see Matter of Roman [Commissioner of Labor],*32 AD3d 1067, 1068 [2006]). Inasmuch as substantial evidence supports the Board’s decision, we decline to disturb it.

Cardona, P.J., Crew III, Carpinello, Mugglin and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 07-1057

___________ Pansy Blackwell, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Mike Trail; Catherine Dean; * James Hohn; David Burnett; * [UNPUBLISHED] Lee Fergus; Scott Hunter, Former * Prosecuting Attorney; Thomas * Kieklak, Attorney at Law; Richard * C. Rhodes; Rhonda Rossman, * County Nurse; Ron Wilson, * Attorney at Law, * * Appellees. *

___________ Submitted: May 27, 2008 Filed: May 30, 2008

___________ Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges.

___________1 The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas. -2- PER CURIAM. Pansy Blackwell appeals from the district court’s 1 dismissal of her civil action in which she made various allegations a bout events underlying her prior state court criminal convictions. Having carefully reviewed the record, we conclude that dismissal was warranted. Accordingl y, the judgment is affirmed, see 8th Cir. R. 47B, and Blackwell’s appellate motions are denied.

______________________________
#### Augustus G. Roy, executor of the estate of Mark Roy, deceased, appellant, v. Samuel C. Claggett, appellee.

Gen. No. 28,332.

Order perpetually staying issuance of execution on a judgment by confession. Appeal from the Circuit Court of Cook county; the Hon. Francis S. Wilson, Judge, presiding. Heard in the second division of this court for the first district at the March 1923.

Affirmed.

Opinion filed October 2, 1923.

Rehearing denied October 15, 1923.

William Annan Taylor, for appellant. Jesse Wilcox, for appellee.

Mr. Justice Fitch

delivered the opinion of the court.
```

[110th Congress Public Law 117]
[From the U.S. Government Printing Office]

[DOCID: f:publ117.110]

[[Page 121 STAT. 1345]]

Public Law 110-117
110th Congress

                                 An Act

 
   To designate the Department of Veterans Affairs Medical Center in 
    Asheville, North Carolina, as the ``Charles George Department of 
   Veterans Affairs Medical Center''. <<NOTE: Nov. 15, 2007 -  [H.R. 
                                2546]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. DESIGNATION OF CHARLES GEORGE DEPARTMENT OF VETERANS 
                              AFFAIRS MEDICAL CENTER.

    (a) Designation.--The Department of Veterans Affairs Medical Center 
located at 1100 Tunnel Road, Asheville, North Carolina, shall after the 
date of the enactment of this Act be known and designated as the 
``Charles George Department of Veterans Affairs Medical Center''.
    (b) References.--Any reference in any law, regulation, map, 
document, record, or other paper of the United States to the medical 
center referred to in subsection (a) shall be considered to be a 
reference to the Charles George Department of Veterans Affairs Medical 
Center.

    Approved November 15, 2007.

LEGISLATIVE HISTORY--H.R. 2546:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 153 (2007):
            June 25, considered and passed House.
            Nov. 1, considered and passed Senate.

                                  <all>
```
### §1305. Authorization of appropriations

There are authorized to be appropriated for the activities of the Board—

(1) $33,000,000 for fiscal year 2016;

(2) $35,000,000 for fiscal year 2017;

(3) $35,500,000 for fiscal year 2018;

(4) $35,500,000 for fiscal year 2019; and

(5) $36,000,000 for fiscal year 2020.

(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 934, §705; renumbered §1305 and amended Pub. L. 114–110, §§3(a)(3), 7, Dec. 18, 2015, 129 Stat. 2228, 2232.)

#### **Editorial Notes**

#### Amendments

2015—Pub. L. 114–110, §3(a)(3), renumbered section 705 of this title as this section.

Pars. (1) to (5). Pub. L. 114–110, §7, added pars. (1) to (5) and struck out former pars. (1) to (3) which related to appropriations for fiscal years 1996, 1997, and 1998, respectively.
### §4501. Application

(a) This chapter applies to an uninspected vessel which is a fishing vessel, fish processing vessel, or fish tender vessel.

(b) This chapter does not apply to the carriage of bulk dangerous cargoes regulated under chapter 37 of this title.

(Added Pub. L. 98–364, title IV, §402(7)(C), July 17, 1984, 98 Stat. 446; amended Pub. L. 100–424, §2(a), Sept. 9, 1988, 102 Stat. 1585.)

#### **Editorial Notes**

#### Amendments

1988—Pub. L. 100–424 amended section generally, in subsec. (a) substituting provisions which related to uninspected fish processing vessel entered into service after Dec. 31, 1987, having more than 16 individuals on board primarily employed in preparation of fish on navigable waters of United States or owned in United States and operating on high seas, for provisions which related to uninspected fishing vessel, fish processing vessel, or fish tender vessel, and in subsec. (b) substituting "carriage of bulk" for "carriage of liquid bulk".

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

#### Foreign Built Vessels, Equivalent Compliance Until July 28, 1990

Pub. L. 100–424, §7, Sept. 9, 1988, 102 Stat. 1592, provided that: "Until July 28, 1990, a foreign built fish processing vessel subject to chapter 45 of title 46, United States Code, is deemed to comply with the requirements of that chapter if—

"(1) it has an unexpired certificate of inspection issued by a foreign country that is a party to an International Convention for Safety of Life at Sea to which the United States Government is a party; and

"(2) it is in compliance with the safety requirements of that foreign country that apply to that vessel."
Exhibit 99.2










Independent Accountant’s Report
 
 
 Synthetic Fixed-Income Securities, Inc. (as Depositor)
 One Wells Fargo Center
 301 South College Street
 Charlotte, NC 28288
 
 U.S. Bank Trust National Association (as Trustee)
 Corporate Trust Department
 100 Wall Street
 New York, NY 10005
 Re:
STRATSSMTrust For J.P. Morgan Chase & Co. Securities, Series 2004-9 (the “Trust”)
 Ladies and Gentlemen:
 
 We have examined assertions of Synthetic Fixed-Income Securities, Inc. (the “Depositor”) and U.S. Bank National Association, (the “Trustee” and together with the Depositor, the “Management”) that the Depositor and the Trustee have complied, in all material respects, with the provisions of the Base Trust Agreement dated as of September 26, 2003, as supplemented by a series supplement dated as of July 15, 2004 (together, the “Trust Agreement”), in respect of the STRATS Trust For J.P. Morgan Chase & Co. Securities, Series 2004-9 (the “Trust”), during the period covered by the annual report on Form 10-K filed by the Depositor on behalf of the Trust for the year ended December 31, 2010 (the “Annual Report”).  Management is responsible for compliance with the Trust Agreement. Our responsibility is to express an opinion on Management’s assertions based on our examination.
 
 Our examination was made in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about the Depositor’s and the Trustee’s compliance with the Trust Agreement and performing such other procedures as considered necessary in the circumstances.  We believe that our examination provides a reasonable basis for our opinion.
 
 In our opinion, the Depositor and the Trustee have complied, in all material respects, with the Trust Agreement during the period covered by the Annual Report and Management’s assertions with respect to such compliance are fairly stated, in all material respects, for the year ended December 31, 2010.
 
 
 /s/ Aston Bell, CPA
 
 New York, New York
 March 21, 2011
###### Editorial Note on Part 250

#### Editorial Note:

Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

#### § 250.1504 May I use alternative training methods?

You may use alternative training methods. These methods may include computer-based learning, films, or their equivalents. This training should be reinforced by appropriate demonstrations and “hands-on” training. Alternative training methods must be conducted according to, and meet the objectives of, your training plan.
#### The People of the State of New York, Respondent, v. John Price, Appellant.

Appeal by defendant from a judgment of the former County Court, Kings County, rendered April 13, 1962 after a jury trial, convicting him of criminally receiving stolen property (Penal Law, § 1308) and imposing sentence upon him as a third felony offender. Judgment reversed on the law and a new trial ordered. The findings of fact in the court below have not been considered. In our opinion, it was reversible error to charge the jury that it could find the defendant guilty if he had “ reason to believe ” or “ should have known ” that the property had been stolen, since the correct test is *actual*knowledge, not negligence in failing to make reasonable inquiry *(People*v. *Checkman,*284 App. Div. 44). Beldock, P. J., Kleinfeld, Christ, Hill and Rabin, JJ. concur.
**Exhibit 31.2**

 

**CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION1350)**

 

I, Michael Black certify that: 

 

1. I have reviewed this annual report on Form 10-K ofCambridge Display Technology, Inc.; 

 

2. Basedon 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 withrespect to the period covered by this report; 

 

3. Based on my knowledge, the financial statements, and other financial information 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, theperiods presented in this report; 

 

4. Theregistrant’s other certifying officer(s) 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 we have: 

 

a) designed such disclosure controls and procedures, orcaused 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 endof 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 fourth fiscal quarter that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financial reporting. 

 

5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee of registrant’s board of directors (or persons performing the equivalent functions): 

 

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

 

b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’sinternal control over financial reporting. 

 

Date: March 30, 2005
**Exhibit 32.1**

 

**CERTIFICATIONS PURSUANT TO SECTION906 OF THE SARBANES-OXLEY ACT OF 2002**

**(18 U.S.C. SECTION 1350)** 

 

In connection with the Quarterly Reportof Cloud Medical Doctor Software Corporation (the "Company") on Form 10-Q for the period ending December 31, 2014 asfiled with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael De La Garza, Chief ExecutiveOfficer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-OxleyAct of 2002, that:

 

(1)           TheReport fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

 

(2)           Theinformation contained in the Report fairly presents, in all material respects, the financial condition and result of operationsof the Company.