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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ROBERT ANTHONY GARCIA, Sr.,

 Plaintiff - Appellant,

 v.

DANIEL REBER, Glendale Police Officer

Badge #15008; et al.,

 Defendants - Appellees.

No. 13-16890

D.C. No. 2:12-cv-01717-JATMHB

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

James A. Teilborg, District Judge, Presiding

Submitted September 23, 2014** 

Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.

Arizona state prisoner Robert Anthony Garcia, Sr., appeals pro se from the

district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various

constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We

FILED

OCT 10 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).
review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d

443, 447 (9th Cir. 2000). We affirm.

The district court properly dismissed Garcia’s action because Garcia failed

to allege facts sufficient to support one or more elements of his claims. See Hebbe

v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are

liberally construed, plaintiff must allege sufficient facts to state a plausible claim);

Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004) (conclusory

allegations, unwarranted deductions, or unreasonable inferences need not be

accepted as true); see also Samson v. California, 547 U.S. 843, 848 (2006) (claim

for unreasonable search); Graham v. Connor, 490 U.S. 386, 395 (1989) (excessive

force); Marsh v. County of San Diego, 680 F.3d 1148, 1154-55 (9th Cir. 2012)

(due process); Rhodes v. Robinson, 408 F.3d 559, 567-68, n.11 (9th Cir. 2005)

(retaliation in the prison context); Gritchen v. Collier, 254 F.3d 807, 812 (9th Cir.

2001) (violation of 42 U.S.C. § 1983).

Garcia’s motion to supplement the record on appeal is granted. However,

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

See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).

AFFIRMED.

2 13-16890
IV 

118TH CONGRESS 

2D SESSION H. RES. 1420 

Disapproving the rule submitted by the Secretary of Homeland Security 

relating to ‘‘Notice of implementation of the Keeping Families Together 

process.’’. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 3, 2024 

Mr. ARRINGTON (for himself, Mr. GOODEN of Texas, Mr. WEBER of Texas, 

Mr. BRECHEEN, and Mr. GUTHRIE) submitted the following resolution; 

which was referred to the Committee on the Judiciary 

RESOLUTION 

Disapproving the rule submitted by the Secretary of Homeland Security relating to ‘‘Notice of implementation of 

the Keeping Families Together process.’’. 

1 Resolved, That Congress disapproves the rule sub2 mitted by the Secretary of Homeland Security relating to 

3 ‘‘Notice of implementation of the Keeping Families To4 gether process.’’, and such rule shall have no force or ef5 fect. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
### §4905. Regulations

The Secretary may issue such regulations as may be necessary to carry out the provisions of this chapter and the powers vested in the Secretary under this chapter.

(Pub. L. 99–198, title XVI, §1646, Dec. 23, 1985, 99 Stat. 1624.)
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 22
- 0703 STATE OF MONTANA,

Plaintiff and Appellee, v. KEITH POPE,

Defendant and Appellant
.

**O RDER**  Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including April 2 3 , 2024, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

March 21 2024

03/21/2024

Case Number: DA 22-0703
Editorial Note on Part 842
Editorial Note: Nomenclature changes to part 842 appear at 81 FR 83688, Nov. 22, 2016.

§ 842.118 Scope of this subpart. ( a ) This subpart explains how to process certain administrative claims: ( 1 ) Against the United States for property damage, personal injury, or death, arising out of Air Force assigned noncombat missions performed by the Civil Air Patrol (CAP), as well as certain other Air Force authorized missions performed by the CAP in support of the Federal Government.
( 2 ) In favor of the United States for damage to U.S. Government property caused by CAP members or third parties.
( b ) Unless stated in this subpart, such claims will follow procedures outlined in other subparts of this part for the substantive law applicable to the particular claim. For example, a CAP claim adjudicated under the Military Claims Act will follow procedures in this subpart as well as subpart E of this part.
[81 FR 83700, Nov. 22, 2016]
November 29, 1974.

M. P. No. 74-72.

#### Thomas W. Hemenway *v.*Cheryl L. Hemenway.

Second motion of petitioner to adjudge respondent in contempt of the order entered on May 10, 1974 and for other *908relief is denied. Motion of respondent to remand to the Family Court for the purpose of holding a hearing on her motion to have petitioner adjudged in contempt and for custody of children is denied.

*Moore, Virgadamo, Boyle & Lynch, Ltd., Francis J. Boyle, Robert M. Silva, Joseph R. Palumbo, Jr.,*for petitioner. *Kirshenbaum & Kirshenbaum, Isidore Kirshenbaum,*for respondent.

Joslin, J. not participating.
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
This schedule contains summary financial information extracted from
Provident Financial Group, Inc.'s 10-K for December 31, 1997 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         274,521
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                 1,720
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  1,371,507
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                      5,051,842
<ALLOWANCE>                                     71,980
<TOTAL-ASSETS>                               7,123,659
<DEPOSITS>                                   4,696,298
<SHORT-TERM>                                   806,125
<LIABILITIES-OTHER>                            295,818
<LONG-TERM>                                    688,157
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      7,000
<COMMON>                                        12,482
<OTHER-SE>                                     617,779
<TOTAL-LIABILITIES-AND-EQUITY>               7,123,659
<INTEREST-LOAN>                                492,114
<INTEREST-INVEST>                               78,226
<INTEREST-OTHER>                                   872
<INTEREST-TOTAL>                               571,212
<INTEREST-DEPOSIT>                             221,449
<INTEREST-EXPENSE>                             309,212
<INTEREST-INCOME-NET>                          262,000
<LOAN-LOSSES>                                   44,750
<SECURITIES-GAINS>                               9,713
<EXPENSE-OTHER>                                225,978
<INCOME-PRETAX>                                176,630
<INCOME-PRE-EXTRAORDINARY>                     115,302
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   115,302
<EPS-PRIMARY>                                     2.79
<EPS-DILUTED>                                     2.63
<YIELD-ACTUAL>                                    4.02
<LOANS-NON>                                     46,419
<LOANS-PAST>                                     9,811
<LOANS-TROUBLED>                                   377
<LOANS-PROBLEM>                                 31,798
<ALLOWANCE-OPEN>                                66,693
<CHARGE-OFFS>                                   51,373
<RECOVERIES>                                    10,096
<ALLOWANCE-CLOSE>                               71,980
<ALLOWANCE-DOMESTIC>                            71,980
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
### §304. Investment of proceeds of sale of land or scrip

All moneys derived from the sale of lands as provided in section 302 of this title by the States to which lands are apportioned and from the sales of land scrip provided for in said section shall be invested in bonds of the United States or of the States or some other safe bonds; or the same may be invested by the States having no State bonds, in any manner after the legislatures of such States shall have assented thereto and engaged that such funds shall yield a fair and reasonable rate of return, to be fixed by the State legislatures, and that the principal thereof shall forever remain unimpaired: Provided, That the moneys so invested or loaned shall constitute a perpetual fund, the capital of which shall remain forever undiminished (except so far as may be provided in section 305 of this title), and the interest of which shall be inviolably appropriated, by each State which may take and claim the benefit of this subchapter, to the endowment, support, and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the States may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life.

(July 2, 1862, ch. 130, §4, 12 Stat. 504; Mar. 3, 1883, ch. 102, 22 Stat. 484; Apr. 13, 1926, ch. 130, 44 Stat. 247.)

#### **Editorial Notes**

#### Amendments

1926—Act Apr. 13, 1926, substituted "bonds" for "stocks" and "a fair and reasonable rate of return, to be fixed by the State Legislatures" for "not less than 5 per centum upon the amount so invested", before proviso.

1883—Act Mar. 3, 1883, inserted "or the same may be invested by the States having no State stocks, in any other manner after the legislatures of such States shall have assented thereto, and engaged that such funds shall" after "other safe stocks" and substituted "yield" for "yielding", "principal" for "capital" and "unimpaired" for "undiminished".
#### Zelphia Thompson, Appellant, v. John Glover et al., Respondents.

In an action to recover damages for injury to person and property, the plaintiff appeals (as limited by her brief) from so much of a judgment of the Supreme Court, Suffolk County, entered March 8, 1962 after trial upon a jury’s verdict, as limited to six cents her damages for her personal injury. Judgment, insofar as appealed from, affirmed, without costs. Under the court’s c-harge (which was binding because not excepted to), the nominal award of six cents constituted a finding by the jury that the accident resulted solely from defendants’ negligence, but that the plaintiff sustained no injury attributable thereto. Such finding has adequate support in the record. Ughetta, Acting- P. J., ICleinfeld, Brennan, Hill and Rabin, J.J., concur.
EXHIBIT
32.2




Section
1350 Certification


By
Principal Financial Officer





I,
Craig R. Jones, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
quarterly report on Form 10-Q of Electro Rent Corporation (the “Company”) for
the quarter ended August 31, 2009 fully complies with the requirements of
Section 13(a) or 15(d) of the Securities and Exchange Act of 1934, and the
information contained in such report fairly presents, in all material respects,
the financial condition and results of operations of the Company.





A
signed original of this written statement has been provided to the Company and
will be retained by the Company and furnished to the SEC upon
request.





Date:
 October 7, 2009


/s/ Craig R. JonesCraig
      R. JonesChief
      Financial Officer
### §2583. Repealed. Pub. L. 96–574, §20, Dec. 22, 1980, 94 Stat. 3352

Section, Pub. L. 91–577, title III, §144, Dec. 24, 1970, 84 Stat. 1559, exempted certain plants from provisions of this chapter.
<PAGE>

                                                                    Exhibit 15.8

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (No. 333-10570 and 333-111310) of Elron Electronic
Industries Ltd., of our report dated February 20, 2004, except for Note 9, as to
which the date is March 5, 2004 relating to the financial statements of Chip
Express Corporation of which our report (excluding the related financial
statements) is included in the Elron Electronic Industries Ltd. Annual Report on
Form 20-F for the year ended December 31, 2003.


/s/ PricewaterhouseCoopers LLP
PricewaterhouseCoopers LLP
San Jose, California  USA
June 21, 2004
#### LANGFELDER et al. v. RENOUF.

(Supreme Court, Appellate Term.

June 22, 1903.)

1. Counterclaim—Conversion op Goods—Bailee.

A bailee of goods has a right to maintain a counterclaim for conversion thereof.

Appeal from Municipal Court, Borough of Manhattan, Ninth District.

Action by M. Langfelder and others against John J. Renouf. From a judgment for plaintiffs, defendant appeals. Reversed.

Argued before FREEDMAN, P. J., and GILDERSLEEVE and MacLEAN; JJ.

Cantwell, Moore & McDonnell, for appellant.

Emile Dreyful, for respondent.

MacLEAN, J.

To a complaint of work, labor, and services of the value of $25.62 the defendant answered with a general denial, counterclaim of $30.76, and payment. The pleadings were oral. The plaintiffs proved their claim without objection. The nature of the counterclaim was not disclosed until, in the course of his direct examination, the defendant testified to shortages of goods sent by him to the plaintiffs to be laundered and returned, when the trial judge remarked: “I hold .that the defendant cannot recover for these articles unless they are his own; that no articles can be made the subject of a counterclaim except those owned by the defendant, or the. claim for which has been assigned to him.” To this the defendant excepted. It was error. The defendant, a bailee of these articles, had a right to maintain a counterclaim for conversion of the goods. See Katz v. Diamond, 16 Misc. Rep. 577, 38 N. Y. Supp. 766. Then the defendant, by his counsel, offered to show that the articles he sought to recover were placed in the defendant’s custody by several owners, and that he in turn made a contract with the plaintiffs, by which the plaintiffs agreed to perform work upon the property, and return them, but, failing so to do, the defendant claimed damages in the value of the articles for the plaintiffs’ failure to perform their contract. Objection to this was sustained, and defendant took an exception. Notwithstanding, the defendant was allowed to proceed, and offered some *237testimony as to an agreement wiping out a difference; but whether or not that was all the difference between the parties does not clearly appear. The judgment should be reversed.

Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.
### §2207b. Program metrics

#### (a) In general

The Secretary shall collect data regarding economic activities created through grants and loans, including any technical assistance provided as a component of the grant or loan program, and measure the short- and long-term viability of award recipients and any entities to whom those recipients provide assistance using award funds, under—

(1) section 1627c of this title;

(2) section 940c(b)(2) of this title; or

(3) section 310B(c), 310B(e), 310B(g), 310H, or 379E, or subtitle E, of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c), 1932(e), 1932(g), [1936b], 2008s, 2009 et seq.).

#### (b) Data

The data collected under subsection (a) shall include information collected from recipients both during the award period and for a period of time, as determined by the Secretary, which is not less than 2 years after the award period ends.

#### (c) Report

#### (1) In general

Not later than 4 years after February 7, 2014, and every 2 years thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains the data described in subsection (a).

#### (2) Detailed information

The report shall include detailed information regarding—

(A) actions taken by the Secretary to use the data;

(B) the percentage increase of employees;

(C) the number of business starts and clients served;

(D) any benefit, such as an increase in revenue or customer base; and

(E) such other information as the Secretary considers appropriate.

(Pub. L. 113–79, title VI, §6209, Feb. 7, 2014, 128 Stat. 861; Pub. L. 115–334, title X, §10102(c)(4), Dec. 20, 2018, 132 Stat. 4898.)

#### **Editorial Notes**

#### References in Text

The Consolidated Farm and Rural Development Act, referred to in subsec. (a)(3), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307. Subtitle E of the Act is classified generally to subchapter V (§2009 et seq.) of chapter 50 of this title. For complete classification of the Act to the Code, see Short Title note set out under section 1921 of this title and Tables.

#### Amendments

2018—Subsec. (a)(1). Pub. L. 115–334 added par. (1) and struck out former par. (1) which read as follows: "section 1632a of this title;".

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

#### Definition of "Secretary"

"Secretary" as meaning the Secretary of Agriculture, see section 9001 of this title.
p.1 

OAR Box 1384 

Prepped by Charmelle Mathews 

Document Number: 

f?25Tj) ll-E-210 

Docket Number: 

A-94-52 

Printed 7/2/2008 8:42:12 AM Sheet 250 of 264 
P.2 

A-qn-51 

Mr. Keith Barnett 

Page 1 

CONTACT REPORT 

Person Calling: 

Person Called: 

Date of Contact: 

Keith Barnett 

U.S. Environmental Protection Agency 

OAQPS/ESD/OCG 

919-541-5605 

Mr. Jim-Waterman 

Molded Fiber Glass Company 

Linesville, PA 

814-683-4500 

July 3, 2000 

Contact Summary: 

This facility still folds the edges of it's SMC rolls. They have a v-shaped piece of metal that left 

up one edge, and then they roll the SMC which tucks the edge in. They don't see folding the edge 

as a problem. It would be a problem if they festooned the SMC rather then rolling. (Festoon 

means the SMC is folded back and forth in a contained like continuous form computer paper.) 

Mr. Waterman said he did not know any reason that anyone would festoon SMC, but he had 

heard of the process. 

Confirmation: I confirm that the information above is correct correct with the changes noted above. 

Signature:
Enclosure 2-1 ENCLOSURE 2

ARB RESOLUTION 14-1 APPROVING CALIFORNIA INFRASTRUCTURE SIPEnclosure 2-2Enclosure 2-3Enclosure 2-4Enclosure 2-5
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     5,607,486
<OTHER-SE>                                 (5,607,486)
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
##### 



EXHIBIT 32.2
 CERTIFICATE OF THE CHIEF FINANCIAL OFFICER
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
   (1)
    
    The Quarterly Report on Form 10-Q for the period ended December 31, 2005, which
this statement accompanies, 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 period
ended December 31, 2005 fairly presents, in all material respects, the financial
condition and results of operations of ElkCorp.
  By
    
    /s/ Gregory J. FisherGregory J. FisherChief Financial Officer