alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CONSENT OF INDEPENDENT ACCOUNTANTS


Board of Directors
Peoples Bank Corporation of Indianapolis
Indianapolis, Indiana


We consent to the  incorporation by reference in the  Registration  Statement on
Form S-8 (Reg.  33- 98772) of Peoples Bank  Corporation of  Indianapolis  of our
Report of  Independent  Auditors,  dated  February 4, 1999, on the  consolidated
balance sheets of Peoples Bank  Corporation of  Indianapolis  as of December 31,
1998  and  1997  and  on the  consolidated  statements  of  income,  changes  in
shareholders'  equity  and cash flow for each of the three  years in the  period
ended  December 31, 1998,  which report is included in Form 10-K of Peoples Bank
Corporation of Indianapolis for the year ended December 31, 1998.




                                               /s/ Crowe, Chizek and Company LLP


Indianapolis, Indiana
March 30, 1999
§ 3431.22 Waiver. ( a ) A program participant may seek a waiver or suspension of the service or payment obligations incurred under this part by written request to the Secretary setting forth the bases, circumstances, and causes which support the requested action.
( b ) The Secretary may waive any service or payment obligation incurred by a program participant whenever compliance by the program participant is impossible or would involve extreme hardship to the program participant and if enforcement of the service or payment obligation would be against equity and good conscience. ( 1 ) Compliance by a program participant with a service or repayment obligation will be considered impossible if the Secretary determines, on the basis of information and documentation as may be required: ( i ) That the program participant suffers from a physical or mental disability resulting in the permanent inability of the program participant to perform the service or other activities which would be necessary to comply with the obligation; or
( ii ) That the employment of the program participant has been terminated involuntarily for reasons unrelated to job performance.
( 2 ) In determining whether compliance by a program participant with the terms of a service or repayment obligation imposes an extreme hardship, the Secretary may, on the basis of information and documentation as may be required, take into consideration the nature of the participant's personal problems and the extent to which these affect the participant's ability to perform the obligation.
( c ) All requests for waivers must be submitted to the Secretary in writing.
( d ) A program participant who is granted a waiver in accordance with this section will be notified by the Secretary in writing.
( e ) Any obligation of a program participant for service or payment will be canceled upon the death of the program participant.
---

Exhibit 32.2

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Alexander Craven, hereby certifies, pursuant
  to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
  Act of 2002, that:

|(1) | the Quarterly Report on Form 10-QSB of Fox Petroleum
        Inc. for the quarterly period ended August 31, 2007 (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 Fox Petroleum Inc.                                                                                

Dated: October 22, 2007

|/s/ Alexander Craven                                           | 
|-------------------------------------------------------------- | 
|Alexander Craven                                               | 
|Vice President, Finance, Secretary, Treasurer, and Director    | 
|(Principal Financial Officer and Principal Accounting Officer) | 

A signed original of this written statement required by Section
  906, or other document authenticating, acknowledging, or otherwise adopting
  the signature that appears in typed form within the electronic version of this
  written statement required by Section 906, has been provided to Fox Petroleum
  Inc. and will be retained by Fox Petroleum Inc. and furnished to the Securities
  and Exchange Commission or its staff upon request.

---
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 APPEALS
2 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-ofconfinement and other constitutional claims that arose while he was a pretrial 

detainee. We have jurisdiction 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 discretion 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 whether 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).

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

appeal, or documents and facts not presented to the district court. See 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.
IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

ASHLEY DEWANDA BRADLEY

o/b/o K.J.B., a minor child,

Plaintiff,

v. Case No. 1:20-cv-118-AW-EMT

KILOLO KIJAKAZI, Acting 

Commissioner of the Social Security 

Administration,

Defendant.

_______________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

I have carefully considered the magistrate judge’s Report and 

Recommendation, ECF No. 19, as well as Plaintiff’s objections and Defendant’s

response, ECF Nos. 20, 21. I have considered de novo the issues raised in Plaintiff’s 

objections. 

I now conclude that the Report and Recommendation should be approved, and 

it is adopted and incorporated by reference into this order. The clerk will enter a 

judgment that states “The decision of the Commissioner is affirmed.” The clerk will 

then close the file.

SO ORDERED on January 27, 2022.

s/ Allen Winsor

United States District Judge
#### Mabel Pickering, Respondent, v. Roy Freedman et al., Appellants.

Judgment of the Supreme Court, Kings County, entered April 19, 1968, affirmed, with one bill of costs against defendants filing separate briefs, jointly. In our opinion, the jury’s verdict on the issues of liability was amply supported by the evidence. Its finding against “ both defendants ” was not ambiguous under the circumstances, the trial court having charged them to consider both *650the operator of one of the vehicles involved in the collision and the owner thereof (defendants Freedman) as one defendant. If defendant Simons had any lingering doubts, he should have requested a poll of the jury on that issue after the conclusion of the damages phase of this split-trial, the latter stage having been tried a few days later before the same jury. As this was a two-stage trial before one and the same jury, there was no error in the trial court’s refusal to allow a jury poll at the end of the liability phase. Furthermore, we find no abuse of discretion in the trial court’s refusal to grant defendant Simons a short adjournment to await a witness scheduled to appear one- and-a-half hours later. Not only did his attorney fail to make an offer of proof to the trial court, but it is apparent no proper justification, such as surprise or the need of a doctor to attend to his patients, exists in this ease for the requested delay in the conduct of the trial (see, e.g., *Murphy*v. *City of New York,*273 App. Div. 492; *Alteresko*v. *Phillips,*208 App. Div. 171). Insofar as the damages stage of this trial is concerned, we find that the report of the Freedman defendants’ medical expert, Dr. Altman, was improperly received in evidence upon plaintiff’s ease. . Dr. Altman was eoncededly unavailable to testifiy upon the trial, having suffered a stroke; and the Freedmans presented no evidence in contradiction of plaintiff’s medical claims. Although the report was secured by plaintiff prior to trial pursuant to CPLR 3121 (subd. [b]), it was inadmissible hearsay; and it was improper for plaintiff to employ the report as evidence in chief on her own ease and imply that the Freedmans .were bound thereby. Nevertheless, we do not believe the improper admission of this report requires a new trial on the issue of damages. Insofar as the report is adverse to defendant’s position, it merely reiterates the obvious, namely, that plaintiff’s left upper eyelid is scarred and that her eyeball remains slightly exposed when she closes the lid. As the jury saw these conditions for themselves, defendants could not have been unduly prejudiced by their consideration of the report. Nor do we find the verdict in plaintiff’s favor to be excessive under the facts of this ease. Christ, Acting P. J., Brennan, Munder and Kleinfeld, JJ., concur; Hopkins, J., concurs in result.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-6761

WINFRED GIBSON,

Petitioner - Appellant,

versus

RICKIE HARRISON, Warden of Kershaw Correctional Institution; ATTORNEY GENERAL OF THE STATE

OF SOUTH CAROLINA,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Florence. Charles E. Simons, Jr., Senior District Judge. (CA-98-2453-4-6AK)

Submitted: July 22, 1999 Decided: July 27, 1999

Before ERVIN, HAMILTON, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Winfred Gibson, Appellant Pro Se. Derrick K. McFarland, OFFICE OF

THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina,

for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Winfred Gibson seeks to appeal the district court’s order

denying relief on his petition filed under 28 U.S.C.A. § 2254 (West

1994 & Supp. 1999). We have reviewed the record and the district

court’s opinion accepting the recommendation of the magistrate

judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of

the district court. See Gibson v. Harrison, No. CA-98-2453-4-6AK

(D.S.C. May 17, 1999). We dispense with oral argument because the

facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

DISMISSED
1491Q-13-PI

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

~~~O-Mc3)_

IDocket No. FAA *****; Directorate Identifier 2009-NM-140-AD;

\i,'l.~~;;;z.OiO-0Ci,-07

Amendment 39Y ; AD ~-** -**]

RIN 2120-AA64

Airworthiness Directives; Airbus Model 340-500 and -600 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of Transportation

(DOT).

ACT10N: Final rule; request for comments.

SU1\1MARY: We are adopting a new airworthiness directive (AD) for the products lis

above. This AD results from mandatory continuing airworthiness information (MeAl)

originated by an aviation authority of another country to identify and correct an unsafe

condition on an aviation product. The MeAl describes the unsafe condition as:

Following successive EeAM [electronic centralized aircraft monitoring]

warnings during the approach phase, just after the landing gear extension

sequence and an uneventful landing, the maintenance inspection on an

Airbus A340 has revealed an hydraulic leak that was caused by the failure

of the Yellow high pressure (HP) hydraulic pipe supplying the back-up

Nose Wheel Steering (NWS) which runs along the lower part of the

avionic bay from frame 17 to frame 20.

This leak resulted in the loss of the Yellow hydraulic system and

contamination of the avionics bay with sprayed hydraulic fluid.

This condition, ifnot detected and corrected, could result in an ingestion

of hydraulic fluid in the electrical connectors, which could generate an

arcing phenomenon and, if sufficient energy is provided by the arcing,

lead to an ignition source, which would be an unsafe condition.

O)<CIJRRENCI;S

ROlJTING SYMlIOJ ••

UTn:G5
Exhibit 32.1





CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350


AS ADOPTED 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), each of the undersigned officers of Zoo Entertainment, Inc., a Delaware corporation (the “Company”), does hereby certify, to such officer’s knowledge, that:





The Quarterly Report on Form 10-Q for the period ended March 31, 2011 (the “Form 10-Q”) of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as and the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date:  May 16, 2011





/s/ Mark SeremetMark SeremetPresident and Chief Executive Officer(Principal Executive Officer)Date:  May 16, 2011/s/ David FremedDavid FremedChief Financial Officer
(Principal Financial Officer)
IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

MATTHEW A. TOBIN,

Plaintiff,

v. Case No.: 4:20cv292-MW/HTC

TAYLOR CORRECTIONAL

INSTITUTION, et al.,

Defendants.

_________________________/

ORDER ACCEPTING REPORT AND RECOMMENDATION

This Court has considered, without hearing, the Magistrate Judge's Report 

and Recommendation, ECF No. 12. Upon consideration, no objections having been 

filed by the parties,

IT IS ORDERED:

The report and recommendation is accepted and adopted as this Court’s 

opinion. The Clerk shall enter judgment stating, “Plaintiff’s claims are DISMISSED 

without prejudice for failure to prosecute and for failing to comply with this Court’s 

orders.” The Clerk shall close the file. 

SO ORDERED on February 12, 2021.

s/Mark E. Walker 

Chief United States District Judge

Case 4:20-cv-00292-MW-HTC Document 14 Filed 02/12/21 Page 1 of 1
§ 3560.407 Sales or other disposition of security property. ( a ) *General.* Borrowers must obtain Agency approval prior to selling or exchanging all or a part of, or an interest in, property serving as security for Agency loans. Agency approval also must be requested and received prior to the granting or conveyance of rights-of-way through property serving as security property. Agency approvals of sales or other dispositions of security property are not subject to the requirements outlined in 7 CFR part 1970.
( b ) *Request requirements.* Requests for Agency approval of transactions related to security property must document that the following conditions will be met. ( 1 ) The borrower's ability to repay the Agency debt will not be impaired;
( 2 ) The transaction will not interfere with the successful operation of the housing project or prevent the borrower from carrying out the purpose for which the loan was made.
( 3 ) The monetary or other consideration offered in the transaction is equal to or greater than the market value of the security property being disposed of or the rights being granted, except that right-of-way easements may be granted or conveyed with minimal or no consideration being offered if: ( i ) The value of the security property will not be reduced;
( ii ) The suitability of the security property for the intended purpose will not be impaired; and
( iii ) The easement is granted to allow the borrower to develop additional lots or units that will be integrated into the housing project or for enhancement of streets, utilities or other services provided by a public body.
( 4 ) The property that will remain as security for Agency loans, after any transaction related to security property, will fully secure the borrower's debt to the Agency.
( 5 ) Borrowers must report to the Agency the total of all proceeds derived from the sale or other disposition of property serving as security for Agency loans. The proceeds from the disposition of the security property will be used for purposes approved by the Agency.
[69 FR 69106, Nov. 26, 2004, as amended at 81 FR 11049, Mar. 2, 2016]
§ 4279.174 Transfer of lenders. ( a ) The Agency may approve the substitution of a new eligible lender in place of a former lender who has been issued and has accepted an outstanding Conditional Commitment when the Loan Note Guarantee has not yet been issued, provided that there are no changes in the borrower's ownership or control, loan purposes, or scope of project, and the loan terms and conditions in the Conditional Commitment and the loan agreement remain the same. Any request for a transfer of lender must be submitted in writing by the current lender, the proposed lender, and the borrower. The original lender must state the reason(s) it no longer desires to be the lender for the project.
( b ) Unless the new lender is already an approved lender, the Agency will analyze the new lender's servicing capability, eligibility, and experience prior to approving the substitution. The substituted lender must execute a new part B of Form 4279-1, “Application for Loan Guarantee;” Form RD 4279-4, “Lender's Agreement” (unless a valid Lender's Agreement with the Agency already exists); and complete a new lender's analysis in accordance with § 4279.131. The new lender may also be required to provide other updated application items outlined in § 4279.161(b).
§ 3431.9 Eligibility to apply. ( a ) *General.* To be eligible to apply to the VMLRP an applicant must: ( 1 ) Have a degree of Doctor of Veterinary Medicine (DVM), or the equivalent, from a college of veterinary medicine accredited by the AVMA Council on Education;
( 2 ) Have qualifying educational loan debt as defined in § 3431.3;
( 3 ) Secure an offer of employment or establish and/or maintain a practice in a veterinary shortage situation, as determined by the Secretary in accordance with the procedures in subpart A of this part, within the time period specified in the VMLRP service agreement offer; and
( 4 ) Provide certifications and verifications in accordance with § 3431.16.
( b ) *Non-eligibility.* The following individuals are ineligible to apply to the VMLRP: ( 1 ) An individual who owes an obligation for veterinary service to the Federal government, a State, or other entity under an agreement with such Federal, State, or other entity are ineligible for the VMLRP unless such obligation will be completely satisfied prior to the beginning of service under the VMLRP;
( 2 ) An individual who has a Federal judgment lien against his/her property arising from Federal debt; and
( 3 ) An individual who has total qualified debt that does not meet the debt threshold.
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