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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD A. EVANS,

Plaintiff

- Appellant,

v.
SOLANO COUNTY SHERIFF,

Defendant

- Appellee. No. 20

- 15221

D.C. No. 2:17

- cv

- 00020

- KJM

- EFB

MEMORANDUM *

Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, District Judge, Presiding

Submitted May 18, 2021 * *

Before: CANBY, FRIEDLAND, and VANDYKE, Circuit Judges.

On February 18, 2020, this court referred this matter to the district court to

determine whether Evans’s in forma pauperis status should continue for this

appeal, and because there was no response from the district court within 21 days,

Evans’s in forma pauperis status continued on appeal. On January 21, 2021, the

* 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

MAY 24 2021

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 20

- 15221

district court revoked Evans’s in forma pauperis status. We reinstate Evans’s in

forma pauperis status for this appeal.

California state prisoner Richard A. Evans appeals pro se from the district

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

- of

confinement and other constitutional claims that arose while he was a pretrial

detainee. We have jur isdiction under 28 U.S.C. § 1291. We review for an abuse

of discretion a district court’s dismissal for failure to comply with court orders.

Ferdik v. Bonzelet , 963 F.2d 1258, 1260 (9th Cir. 1992). We affirm.

The district court did not abuse its discret ion in dismissing Evans’s action

because Evans failed to comply with the district court’s orders to file an amended

complaint that named individual defendants and alleged a related set of claims.

See id. at 1260

- 63 (setting forth factors for determining w hether a pro se action

should be dismissed for failure to comply with district court orders and requiring

“ a definite and firm conviction ” that the district court “ committed a clear error of

judgment ” in order to overturn such a dismissal (citation and internal quotation

marks omitted) ) ; see also Jones v. Williams , 297 F.3d 930, 934 (9th Cir. 2002)

( liability under § 1983 requires showing of personal participation in the alleged

rights deprivation )

.

W e do not consider arguments and allegations raised for the first time on

appeal
, or documents and facts not presented to the district court

. S ee Padgett v.3 20

- 15221

Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009) ; United States v. Elias , 921 F.2d

870, 874 (9th Cir. 1990).

Evans’s motion for stay (Docket Entry No. 10) is denied.

AFFIRMED.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 21, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-30874

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LORENZO JEFFERSON,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 94-CR-50069-2

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

Before JOLLY, JONES, and SMITH, Circuit Judges. 

PER CURIAM:*

Lorenzo Jefferson, federal prisoner # 08786-035, filed a

pleading styled “Motion for Writ of Mandamus to Correct

Jurisdictional Defect and Unlawful Sentence.” The district court

denied the motion, concluding that Jefferson was attempting to

circumvent restrictions on the filing of successive motions under

28 U.S.C. § 2255. Jefferson contends that his motion raises

issues which may be raised at any time because they put at issue

the trial court’s jurisdiction. 
No. 03-30874

-2-

Because Jefferson’s Motion for Writ of Mandamus attacked

errors that occurred at trial or sentencing, it was properly

construed by the district court as a motion under 28 U.S.C.

§ 2255. See Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir.

2000); see also United States v. Rich, 141 F.3d 550, 551 (5th

Cir. 1998). Jefferson has already applied for relief under 28

U.S.C. § 2255, to no avail, and this court has refused to permit

Jefferson to file a second or successive § 2255 motion. Because

Jefferson has not obtained leave of this court to file a second

or successive § 2255 motion, the district court did not have

jurisdiction to consider Jefferson’s motion. See United States

v. Key, 205 F.3d 773, 774 (5th Cir. 2000). The district court’s

order is

AFFIRMED.
#### § 3431.14 Priority.

Pursuant to NVMSA, the Secretary will give priority to agreements with veterinarians for the practice of food animal medicine in veterinarian shortage situations, as determined by the Secretary. The Secretary may establish additional criteria in the RFA for assigning priority levels to veterinarian shortage situations nominated for award.
IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA,

v. CASE NO. 4:96cr56-RH/WCS

RENEE PATTERSON,

Defendant.

_________________________________/

ORDER DENYING SECOND MOTION FOR EARLY 

TERMINATION OF SUPERVISED RELEASE

For the reasons set out in the order of August 29, 2005 (document 739),

defendant Renee Patterson’s second motion for early termination of supervised

release (document 740) is DENIED.

SO ORDERED this 20th day of September, 2005.

s/Robert L. Hinkle 

Chief United States District Judge

Case 4:96-cr-00056-RH-WCS Document 741 Filed 09/20/05 Page 1 of 1
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsA thermoelastic transversely isotropic thick walled cylinder/disk application: An analytical solution and studyA continuum theory is utilized to represent the thermoelastic behavior of a thick walled composite cylinder that can be idealized as transversely isotropic. A multiaxial statement of the constitutive theory employed is presented, as well as the out of the plane of isotropy, plane stress, and plane strain reductions. The derived analytical solution presented is valid for a cylindrical tube or thin disk with a concentric hole, subjected to internal and/or external pressure and a general radial temperature distribution. A specific problem examined is that of a thick walled cylinder subjected to an internal and external pressure loading and a linear radial temperature distribution. The results are expressed in nondimensional form and the effects on the response behavior are examined for various material properties, fiber orientation and types of loadings.Document ID19900003634Acquisition SourceLegacy CDMSDocument TypeTechnical Memorandum (TM)AuthorsArnold, S. M.*(NASA Lewis Research Center Cleveland, OH, United States)*Date AcquiredSeptember 6, 2013Publication DateOctober 1, 1989Subject CategoryStructural MechanicsReport/Patent NumberNASA-TM-102320NAS 1.15:102320E-5016Accession Number90N12950Funding Number(s)PROJECT: RTOP 510-01-0ADistribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19900003634.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
#### § 318.13-13 Movement of frozen fruits and vegetables.

Frozen fruits and vegetables may be certified for movement from Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands, into or through any other territory, State, or District of the United States in accordance with § 318.13-3. Such fruits and vegetables must be held at a temperature not higher than 20 °F during shipping and upon arrival in the continental United States, and in accordance with the requirements for the interstate movement of frozen fruits and vegetables in part 305 of this chapter.

[74 FR 2775, Jan 16, 2009, as amended at 83 FR 46638, Sept. 14, 2018]
Exhibit 31.2

                                CERTIFICATION
          Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002


I, DeAnn Moore, certify that:

1.  I have reviewed this annual report on Form 10-K of Western Gaming
    Corporation;

2.  Based on my knowledge, this annual 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 annual report;

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

4.  The registrant's other certifying officers and I are responsible for
    establishing and maintaining disclosure controls and procedures (as defined
    in Rules 13a-14 and 15d-14 of the Securities Exchange Act of 1934, as
    amended) for the registrant and have:

    a) designed such disclosure controls and procedures 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 annual report is being
    prepared;

    b) evaluated the effectiveness of the registrant's disclosure controls and
    procedures as of a date within 90 days prior to the filing date of this
    annual report (the "Evaluation Date"); and

    c) presented in this annual report our conclusions about the
    effectiveness of the disclosure controls and procedures based on our
    evaluation as of the Evaluation Date;

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

    a) all significant deficiencies in the design or operation of internal
    controls which could adversely affect the registrant's ability to record,
    process, summarize and report financial data and have identified for the
    registrant's auditors any material weaknesses in internal controls; and

    b) any fraud, whether or not material, that involves management or other
    employees who have a significant role in the registrant's internal controls;
    and

6.  The registrant's other certifying officers and I have indicated in this
    annual report whether or not there were significant changes in internal
    controls or in other factors that could significantly affect internal
    controls subsequent to the date of our most recent evaluation, including any
    corrective actions with regard to significant deficiencies and material
    weaknesses.

Dated:  December 8, 2003

/s/Deann Moore
----------------
DeAnn Moore
Secretary/Treasurer/Director
<PAGE>   1

                                                                     EXHIBIT 23




                         CONSENT OF INDEPENDENT AUDITOR


We hereby consent to the incorporation by reference in the December 1, 1987
Prospectus (Registration No. 33-07056-A) of our report, dated February 2,2000
on the financial statements of Yager/Kuester Public Fund Limited Partnership,
which appears on page 6 of this annual report on Form 10-K for the year ended
December 31, 1999 and to the reference to our Firm under the caption "Experts"
in such Prospectus.

/s/ McGladrey & Pullen, LLP

Charlotte,  North Carolina
March 30, 2000
```

[106th Congress Public Law 241]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ241.106]

[[Page 114 STAT. 495]]

Public Law 106-241
106th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
  3118 Washington Boulevard in Arlington, Virginia, as the ``Joseph L. 
  Fisher Post Office Building''. <<NOTE: July 6, 2000 -  [H.R. 3701]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 3118 
Washington Boulevard in Arlington, Virginia, shall be known and 
designated as the ``Joseph L. Fisher Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Joseph L. Fisher Post Office 
Building''.

    Approved July 6, 2000.

LEGISLATIVE HISTORY--H.R. 3701:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD: Vol. 146 (2000):
            Mar. 14, considered and passed House.
            June 23, considered and passed Senate.

                                  <all>
```
EXHIBIT 32

Certification of CEO and CFO 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 Quarterly Report on Form 10-Q of BlackRock Kelso Capital Corporation (the Company) for the quarter ended
March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), James R. Maher, as Chief Executive Officer of the Company, and Frank D. Gordon, as Chief Financial Officer of the Company, each
hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.



|                    |  |                        
|------------------- |  | -----------------------
|/s/ James R. Maher 
|Name:               |  | James R. Maher         
|Title:              |  | Chief Executive Officer
|Date:               |  | May 6, 2010            
|                   
|/s/ Frank D. Gordon
|Name:               |  | Frank D. Gordon        
|Title:              |  | Chief Financial Officer
|Date:               |  | May 6, 2010
```
**CERTIFICATION 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 Annual  Report of Eldorado  Artesian  Springs,  Inc.(the
"Company") on Form 10-KSB for the period ending March 31, 2004 as filed with the
Securities and Exchange  Commission on the date hereof (the "Report") I, Douglas
Larson, Chief Executive Officer of the Company,  certify, pursuant to 18 USC SS.
1350, as adopted pursuant to SS. 906 of the  Sarbanes-Oxley Act of 2002, that to
the best of my knowledge and belief:

     (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.

        /s/ Douglas Larson
        Douglas Larson
        Chief Executive Officer

        Dated: June 29, 2004
```
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In the Interest of A.M.E.

Appellate case number: 01-21-00214-CV

Trial court case number: 2017-01322J

Trial court: 315th District Court of Harris County

This is an appeal from a final decree terminating parental rights. Appeals from orders 

terminating the parent-child relationship are to be brought to final disposition within 180 days of 

the date the notice of appeal is filed. See TEX. R. JUD. ADMIN. 6.2(a), reprinted in TEX. GOV’T 

CODE, tit. 2, subtit. F app. The notice of appeal in this case was filed on April 30, 2021, and thus, 

the date of final disposition should be no later than October 27, 2021. Appellant’s brief was due 

on June 28, 2021. On June 28, 2021, appellant filed an unopposed motion for extension requesting 

a 20-day extension until July 19, 2021. 

We grant the motion and extend the deadline for appellant’s brief to July 15, 2021. See 

TEX. R. APP. P. 38.6(d) (in the interest of justice the court may shorten the time for filing briefs 

and for submission of the case). No further extensions will be granted absent a showing of 

extraordinary circumstances. 

Appellee’s brief will be due 20 days from the date appellant’s brief is filed. See TEX. R.

APP. P. 38.6(a)-(c) (20-day deadline for filing all briefs in accelerated appeals).

It is so ORDERED.

Judge’s signature: ____/s/ Richard Hightower______

 Acting individually  Acting for the Court

Date: ___June 29, 2021____
Exhibit
32.1




CERTIFICATION
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code), the undersigned
officer of O2 Secure Wireless, Inc., a Georgia corporation (the “Company”), does
hereby certify, to the best of his knowledge, that:




1. 
This Report on Form 10-Q for the period ended March 31, 2009 (the “Report”) of
the Company complies in all material respects with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934, as amended;
and




2. 
The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the
Company.




/s/ Scott
Conley


Scott
Conley, Chief Executive Officer





Date:
August 19, 2009
EXHIBIT
32.2








SARBANES-OXLEY
SECTION 906 CERTIFICATION





CERTIFICATION
OF W. RANDALL FOWLER, CHIEF FINANCIAL OFFICER


OF
EPE HOLDINGS, LLC, THE GENERAL PARTNER OF


ENTERPRISE
GP HOLDINGS L.P.





In
connection with this annual report of Enterprise GP Holdings L.P. (the
“Registrant”) on Form 10-K for the quarterly period ended March 31, 2008 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, W. Randall Fowler, Chief Financial Officer of EPE Holdings, LLC,
the general partner of the Registrant, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:





(1)
            The
      Report fully complies with the requirements of Section 13(a) 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
      Registrant.











/s/
W. Randall Fowler


Name:    W.
Randall Fowler


Title:     
Chief Financial Officer of EPE Holdings, LLC


on
behalf of Enterprise GP Holdings L.P.








Date:     May
12, 2008
Case 3:99-cr-00042-RV   Document 78   Filed 12/22/05   Page 1 of 1
----

Exhibit 32.1

CERTIFICATION PURSUANT TO    SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

            In connection with the Quarterly Report of Amalgamated Pictures Corp. (the "Company") on Form 10-Q for the quarter ending September 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Avery Pack, President, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 result of operations of the Company.

Date: November 14, 2011

/s/ Avery Pack

_____________________

Avery Pack, President and    Chief Executive Officer    (Principal Executive Officer) and    Acting Chief Financial Officer    (Principal Financial Officer and    Principal Accounting Officer)
#### § 28.189 Expenses to be borne by party requesting classification.

For any samples submitted for foreign-growth classification, all expenses related to the sampling and transportation of samples, which may include but is not limited to any fees related to Customs clearance such as fumigation and/or phytosanitary certification, shall be prepaid by the owner of the cotton or the owner's agent.

[81 FR 7031, Feb. 10, 2016]
### IN THE TENTH COURT OF APPEALS
No. 10
- 10
- 00034
- CV
IN THE MATTER OF THE MARRIAGE OF STANLEY CRAIG HARRAL

AND SHARON ANNE HARRAL

From the 66th District Court Hill County, Texas Trial Court No. 47,540

MEMORANDUM OPINION
Appellant, Sharon Anne Harr al, appealed a final decree of divorce signed on November 16, 2009. The Clerk of this Court warned Harral that the appeal was subject to dismissal because it appeared the notice of appeal was untimely. The Clerk also warned Harral that unless a response was filed showing grounds for continuing the appeal, the appeal would be dismissed. Harral has not responded to the Clerk’s letter. Accordingly, this appeal is dismissed. T EX
. R. A PP
. P . 42.3. Further, absent a specific exemption, the Clerk of the Cour t must collect filing fees at the time a document is presented for filing. T EX
. R. A PP
. P . 12.1(b); Appendix to
T EX
. R. A PP
. P ., Order Regarding Fees (Amended Aug. 28, 2007, eff. Sept. 1, 2007). S eeIn the Matter of the Marriage of Harral Page 2

also T EX
. R. A PP
. P . 5; 10 TH T EX
. A PP
. (W ACO ) L OC

. R. 5 ; T EX
. G OV ’ T C ODE A NN . § 51.207(b); § 51.941(a) (Vernon 2005); and § 51.208 (Vernon Supp. 2009). Under these circumstances, we suspend the rule and order the Clerk to write off all unpaid filing
fees in this case. T EX
. R. A PP
. P . 2. The write

- off of the fees from the accounts receivable of the Court in no way eliminates or reduces the fees owed by Harral.

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Appeal dismissed Opinion delivered and filed March 3 , 2010 [CV06]