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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

AMADEO SANCHEZ,

 Plaintiff - Appellant,

 v.

RENEE BAKER,

 Defendant - Appellee.

No. 12-16925

D.C. No. 3:11-cv-00310-LRHWGC

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Larry R. Hicks, District Judge, Presiding

Submitted January 21, 2015** 

Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.

Amadeo Sanchez, a Nevada state prisoner, appeals pro se from the district

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

indifference to his safety. 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

FILED

JAN 30 2015

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).
affirm.

The district court properly granted summary judgment because Sanchez

failed to raise a genuine dispute of material fact as to whether Baker knew of and

disregarded an excessive risk to Sanchez’s safety. See Farmer v. Brennan, 511

U.S. 825, 837 (1994) (a prison official is deliberately indifferent only if he or she

“knows of and disregards an excessive risk to inmate . . . safety; the official must

both be aware of facts from which the inference could be drawn that a substantial

risk of serious harm exists, and he must also draw the inference”); Berg v.

Kincheloe, 794 F.2d 457, 460 (9th Cir. 1986) (summary judgment was proper

where plaintiff had not provided evidence demonstrating that defendants “had any

reason to believe” that plaintiff would be attacked).

To the extent that Sanchez’s action challenges prior parole suitability

decisions or would otherwise necessarily demonstrate the invalidity of the duration

of his confinement, it is barred by Heck v. Humphrey, 512 U.S. 477 (1994). See

Butterfield v. Bail, 120 F.3d 1023, 1024-25 (9th Cir. 1997) (Heck bars prisoner’s 

§ 1983 action alleging that “defendants violated his due process rights by

considering false information in his prison file to find him ineligible for parole”).

We do not consider matters not specifically and distinctly raised and argued

in the opening brief, or documents presented for the first time on appeal. See

2 12-16925
Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam); United

States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990) (“Documents or facts not

presented to the district court are not part of the record on appeal.”).

We reject Sanchez’s contentions concerning discovery because the record

shows that the district court ordered Baker to respond to Sanchez’s discovery

before it granted summary judgment and the record does not show that the

responses were inadequate.

AFFIRMED.

3 12-16925
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 361 Introduced in House (IH)]

109th CONGRESS
  1st Session
H. RES. 361

 Recognizing the 75th anniversary of the establishment of the Veterans 
                    Administration on July 21, 1930.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2005

     Mr. Buyer (for himself and Mr. Evans) submitted the following 
  resolution; which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                               RESOLUTION

 
 Recognizing the 75th anniversary of the establishment of the Veterans 
                    Administration on July 21, 1930.

Whereas in the history of the United States, more than 48,000,000 citizen-
        soldiers have served the Nation in uniform, of whom more than 1,000,000 
        gave their lives as a consequence of their duties;
Whereas as of July 21, 2005, there are more than 25,000,000 living veterans;
Whereas the Nation's obligation to its veterans is encapsulated in the following 
        words of President Abraham Lincoln's Second Inaugural Address, delivered 
        on March 4, 1865, ``. . . to care for him who shall have borne the 
        battle and for his widow and his orphan'';
Whereas on July 21, 1930, President Herbert Hoover issued an executive order 
        creating a new agency, the Veterans Administration, to ``consolidate and 
        coordinate Government activities affecting war veterans'';
Whereas on October 25, 1988, President Ronald Reagan signed into law the 
        Department of Veterans Affairs Act (Public Law 100-527) under which, 
        effective as of March 15, 1989, the Veterans Administration was 
        established as an executive department and redesignated as the 
        Department of Veterans Affairs, with the mission of providing Federal 
        benefits to veterans and their families; and
Whereas in 2005, the 230,000 employees of the Department of Veterans Affairs 
        continue the tradition of their predecessors, caring for the Nation's 
        veterans with dedication and compassion and upholding the high standards 
        required of them as stewards of the public's gratitude to those 
        veterans: Now, therefore, be it
    Resolved,  That the House of Representatives--
            (1) recognizes the 75th anniversary of the establishment of 
        the Veterans' Administration; and
            (2) acknowledges the achievements of the employees of the 
        Veterans Administration and the Department of Veterans Affairs 
        and commends them for their contributions to the Nation's 
        veterans.
                                 <all>
```
222 So.2d 68

#### STATE of Louisiana v. Thomas BETHELL.

No. 49859.

May 15, 1969.

In re: Thomas Bethell applying for writs of certiorari, prohibition and mandamus.

Application denied. The showing made does not warrant the exercise of our supervisory jurisdiction. On motion of the district attorney ad hoc appointed in this case and approved by a judge of the criminal district court, the fees and expenses of this prosecution are payable from the fund established by authority of Section 571:11 of Title 15 of the Revised Statutes of Louisiana.
###### Editorial Note on Part 180

#### Editorial Note:

Nomenclature changes to part 180 appear at 79 FR 75879, Dec. 19, 2014.

#### § 180.655 How will other Federal awarding agencies know about an administrative agreement that is the result of a settlement?

The suspending or debarring official who enters into an administrative agreement with you must report information about the agreement to the designated integrity and performance system within three business days after entering into the agreement. This information is required by section 872 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (41 U.S.C. 2313).

[80 FR 43308, July 22, 2015]
Untitled Page


		

			

			

			Exhibit 10.19

					

					

				

		
			RELEASE

					

					

				

		

		
			               KNOW ALL MEN BY THESE PRESENTS that Pure Play Media Holdings, Inc., a Nevada Corporation, in consideration of the payment of  One Dollar and other good and valuable consideration does hereby remise, release and forever discharge Stellar Media Corp., an Alberta Corporation, of and from all manner of actions, causes of actions, suites, debts, dues, accounts, bonds, covenants, contracts, claims and demands whatsoever which against the said Stellar Media Corp. it ever had, now has or which its assigns or successors, or any of them, hereinafter can, shall or may have for or by reason of his involvement with Pure Play Media Holdings, Inc., as an employee, officer and director to date.

				

				

				               IN WITNESS WHEREOF  Pure Play Media Holdings, Inc. has affixed its hand and seal by its proper officer this 15th day of August, 2003.

				

				                                                                                                Pure Play Media Holdings, Inc.

				

				

				

				                                                                                                 Per:       /s/ Sieg Badke            

				                                                                                                             Authorized Signatory
§ 609.18 Deviations. ( a ) Subject to the requirements of Title XVII and as otherwise permitted by applicable law, the Secretary may authorize deviations from the requirements of this part upon: ( 1 ) Either receipt from the Applicant, Borrower, or Project Sponsor, as applicable, of— ( i ) A written request that the Secretary deviate from one or more requirements; and
( ii ) A supporting statement briefly describing one or more justifications for such deviation; or
( iii ) A determination by the Secretary in his or her discretion to undertake a deviation;
( 2 ) A finding by the Secretary that such deviation supports program objectives and the special circumstances stated in the request make such deviation clearly in the best interest of the Government; and
( 3 ) If the waiver would constitute a substantial change in the financial terms of the Loan Guarantee Agreement and related documents, DOE's consultation with OMB and the Secretary of the Treasury.
( b ) If a deviation under this section results in an increase in the applicable Credit Subsidy Cost, such increase shall be funded either by additional fees paid by the Borrower or on behalf of the Borrower by any third party or, if an appropriation is available, by means of an appropriations act. The Secretary has discretion to determine how the cost of a deviation is funded.
Editorial Note on Part 180
Editorial Note: Nomenclature changes to part 180 appear at 79 FR 75879, Dec. 19, 2014.

§ 180.435 What must I require of a primary tier participant? You as a Federal agency official must require each participant in a primary tier covered transaction to— ( a ) Comply with subpart C of this part as a condition of participation in the transaction; and
( b ) Communicate the requirement to comply with subpart C of this part to persons at the next lower tier with whom the primary tier participant enters into covered transactions.
|PNC REAL ESTATE(logo) | MIDLAND LOAN SERVICES
|--------------------- | ---------------------



ANNUAL STATEMENT OF COMPLIANCE

of

PNC BANK, NATIONAL ASSOCIATION

d/b/a MIDLAND LOAN SERVICES



Pursuant to the requirements of the applicable Servicing Agreement
for the transactions listed on Schedule I hereto, the undersigned, Steven W. Smith, as Executive Vice President of Midland Loan
Services, a division of PNC Bank, National Association, hereby certifies, subject to any limitations listed on Schedule I hereto,
as of the date hereof, solely in his capacity as an officer and not in his individual capacity, as follows:



| | 1. | A review of the Servicer’s activities during the calendar year 2016 (the “Reporting Period”) and of its performance under the Agreement has been made under the undersigned officer’s supervision; and   
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | 2. | To the best of the undersigned officer’s knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period.



Dated: March 1, 2017





| | PNC Bank, National Association
| | ------------------------------
| | d/b/a Midland Loan Services   
| |                               
| | /s/ Steven W. Smith           
| | Steven W. Smith               
| | Executive Vice President      



Member of The PNC Financial Services Group

10851 Mastin Boulevard Overland Park, Kansas 66210

800-327-8083

www.pnc.com/midland















|Schedule I                                                                                  
|--------------------------------------------------------------------------------------------
|Barclays Commercial Mortgage Securities LLC                                                 
|Recipient Role                                                                              
|Depositor                                                                                   
|Master and Special Servicer of the Santa Anita Mall loan under the UBS-Barclays 2013-C5 PSA.
|Depositor                                                                                   
|Depositor                                                                                   
|Depositor
#### § 719.20 When must an engagement letter be submitted to Department Counsel?

Contractors must submit a copy of an executed engagement letter between it and retained legal counsel to Department Counsel when the retained counsel is expected to provide $25,000 or more in legal services for a particular matter. A copy of the executed engagement letter must be submitted to Department Counsel upon execution.
EXHIBIT
32.2




CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




I, Terry
R. Lazar, Chief Financial Officer of Water Chef, Inc., hereby certify that the
Form 10-Q of Water Chef, Inc. for the fiscal quarter ended September 30, 2008
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
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 Water Chef, Inc.





Date:  November
      14, 2008
                  /s/
      Terry R. LazarTerry
      R. LazarChief
      Financial Officer







This
certification is being furnished pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002 and, except to the extent required by the Sarbanes-Oxley Act, shall
not be deemed to be filed as part of the periodic report described herein nor
shall it be deemed filed by Water Chef, Inc. for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended.
I 

115TH CONGRESS 

2D SESSION H. R. 7104 

To require disclosure by lobbyists of convictions for bribery, extortion, embezzlement, illegal kickbacks, tax evasion, fraud, conflicts of interest, making 

false statements, perjury, or money laundering. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 30, 2018 

Mr. BIGGS (for himself and Mr. JEFFRIES) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To require disclosure by lobbyists of convictions for bribery, 

extortion, embezzlement, illegal kickbacks, tax evasion, 

fraud, conflicts of interest, making false statements, perjury, or money laundering. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice Against Cor5 ruption on K Street Act’’ or the ‘‘JACK Act’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 7104 IH

1 SEC. 2. DISCLOSURE OF CORRUPT MALPRACTICE BY LOB2 BYISTS. 

3 (a) REGISTRATION.—Section 4(b) of the Lobbying 

4 Disclosure Act of 1995 (2 U.S.C. 1603(b)) is amended— 

5 (1) in paragraph (5), by striking ‘‘and’’ at the 

6 end; 

7 (2) in paragraph (6), by striking the period at 

8 the end and inserting ‘‘; and’’; and 

9 (3) by inserting after paragraph (6) the fol10 lowing new paragraph: 

11 ‘‘(7) for any listed lobbyist who was convicted 

12 in a Federal or State court of an offense involving 

13 bribery, extortion, embezzlement, an illegal kickback, 

14 tax evasion, fraud, a conflict of interest, making a 

15 false statement, perjury, or money laundering, the 

16 date of the conviction and a description of the of17 fense.’’. 

18 (b) QUARTERLY REPORTS.—Section 5(b) of the Lob19 bying Disclosure Act of 1995 (2 U.S.C. 1604(b)) is 

20 amended— 

21 (1) in paragraph (4), by striking ‘‘and’’ at the 

22 end; 

23 (2) in paragraph (5), by striking the period at 

24 the end and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following new 

26 paragraph: 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

•HR 7104 IH

1 ‘‘(6) for any listed lobbyist who was convicted 

2 in a Federal or State court of an offense involving 

3 bribery, extortion, embezzlement, an illegal kickback, 

4 tax evasion, fraud, a conflict of interest, making a 

5 false statement, perjury, or money laundering, the 

6 date of the conviction and a description of the of7 fense.’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS
Editorial Note on Part 712
Editorial Note: Nomenclature changes to part 712 appear at 88 FR 41292, June 26, 2023.

§ 712.35 Director, Office of Environment, Health, Safety and Security. The Director, Office of Environment, Health, Safety and Security or his or her designee must: ( a ) Develop policies, standards, and guidance for the medical aspects of the HRP, including the psychological testing inventory to be used;
( b ) Review the qualifications of Designated Physicians and Designated Psychologists, and concur or nonconcur with their designations by sending a statement to the Manager and an informational copy to the SOMD; and
( c ) Provide technical assistance on medical aspects of the HRP to all DOE elements and DOE contractors.
[69 FR 3223, Jan. 23, 2004, as amended at 71 FR 68732, Nov. 28, 2006; 83 FR 18208, Apr. 26, 2018; 88 FR 41292, June 26, 2023]
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

I, Thomas M. Duff, Chief Executive Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. section 1350, that:

1. The Quarterly Report on Form 10-Q of the Company for the quarter ended March 31, 2004 (the "Report") fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and
2. The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.



May 10, 2004



|By:/s/Thomas M. DuffChief Executive Officer
|-------------------------------------------
OPINION # M- 568 WAS NEVER ISSUED OR WAS WITHDRAWN.
#### § 200.441 Fines, penalties, damages and other settlements.

Costs resulting from non-Federal entity violations of, alleged violations of, or failure to comply with, Federal, state, tribal, local or foreign laws and regulations are unallowable, except when incurred as a result of compliance with specific provisions of the Federal award, or with prior written approval of the Federal awarding agency. See also § 200.435.

[85 FR 49568, Aug. 13, 2020]
#### Mike Nasti Sand Co., Inc., Respondent, v. Almar Landscaping Corp., Appellant.

In an action in which plaintiff has moved for summary judgment in lieu of serving a complaint (CPLR 3213), defendant appeals from a judgment of the Supreme Court, Queens County, entered August 2, 1968 in favor of plaintiff. The appeal brings up for review an order of said court, entered the same day, which granted plaintiff’s motion to renew or reargue its prior motion and thereupon granted its motion for summary judgment. Judgment reversed, on the law; order modified, on the law, by striking therefrom the second decretal paragraph thereof, which granted plaintiff summary judgment, and substituting therefor a provision denying plaintiff’s motion for summary judgment and directing that plaintiff shall serve a complaint and defendant shall serve an answer to the complaint; and, as so modified, order affirmed. Defendant is granted $10 costs and disbursements. The complaint shall be served within 20 days after entry of the order hereon; and the answer shall be served 20 _ days after service of the complaint. In our opinion, the record presents questions of fact which may not be determined upon the submitted affidavits. The contract in question specified four specific machines and the rate of payment for each. The other machinery employed by plaintiff is not mentioned in the original contract. Further, certain of this machinery is charged twice for the same day and the rates of payment are in issue. We feel that further amplification of the situation is desirable. We are also of the *555opinion that this contract, as amplified by an ambiguous “ statement ” which was not acknowledged in any manner by the party to be charged, does not come within the definition of an “instrument for the payment of money only” as contemplated by the statute (CPLR 3213). Accordingly, we conclude that this record, as it now stands, does not support summary judgment under the provisions of CPLR 3213. Since the moving papers do not tend to sharpen the issues, plaintiff should be directed to serve a complaint and defendant to serve an answer thereto; and the action should proceed accordingly. Hopkins, Acting P. J., Munder, Martuscello, Brennan and Benjamin, JJ., concur.
#### WAHOWICZ, Respondent, v. UNITED STATES CAST IRON PIPE & FOUNDRY CO., Appellant.

(Supreme Court. Appellate Division, Fourth Department.

January 29, 1915.)

Action by Jacob Wahowicz against the United States Iron Pipe & Foundry Company.

No opinion. Judgment and order affirmed, with costs.
§ 861.3 Definitions. As used in this part: ( a ) *DOE* means the Department of Energy.
( b ) *Nevada Test Site* means DOE's Nevada Test Site located in Nye County, Nev. A perimeter description is attached as Appendix A to this part.
( c ) *Nevada Test Site Traffic Regulations* means the traffic directives promulgated by the Manager of the Nevada Site Office pursuant to § 861.4.
( d ) *Person* means every natural person, firm, trust partnership, association or corporation.
( e ) *Street* means the entire width between the boundary lines of every way when any part thereof is open to the use of those admitted to the Nevada Test Site for purposes of vehicular travel.
( f ) *Traffic* means pedestrians, ridden or herded animals, vehicles, and other conveyances, either singly or together, while using any roadway for purposes of travel.
( g ) *Vehicle* means every device in, upon or by which any person or property is or may be transported or drawn upon a roadway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
[41 FR 56788, Dec. 30, 1976, as amended at 71 FR 68734, Nov. 28, 2006]
2007-0152.

#### Cristino v. Ohio Bur. of Workers’ Comp.

Cuyahoga App. No. 87567, 2006-Ohio-5921. This cause is pending before the court as an appeal from the Court of Appeals for Cuyahoga County. Upon consideration of the motion for admission pro hac vice of Benjamin C. Mizer by Stephen P. Carney,

It is ordered by the court that the motion is granted.
EX-35.3
(logo) WELLS FARGO

Corporate Trust Services

MAC R1204-010
9062 01d Annapolis Road
Columbia, MD 21045

Tel: 410 884 2000
Fax: 410 715 2380


Morgan Stanley Capital I Inc.
1585 Broadway
Attn: Mortgage Backed Securities
New York, New York 10036

RE: Annual Statement of Compliance for Morgan Stanley Bank of America Merrill
    Lynch Trust 2013-C9, Commercial Mortgage Pass-Through Certificates Series
    2013-C9


Per the Pooling and Servicing Agreement dated as of May 1, 2013 (the
"Agreement"), the undersigned, a duly authorized officer of Wells Fargo Bank,
N.A., as Certificate Administrator ("Wells Fargo"), hereby certifies as follows
as of and for the year ending December 31, 2013 (the "Reporting Period"):

(a) A review of Wells Fargo's activities during the Reporting Period and of its
    performance under the Agreement has been made under such officer's
    supervision; and

(b) To the best of such officer's knowledge, based on such review, Wells Fargo
    has fulfilled all of its obligations under the Agreement in all material
    respects throughout the Reporting Period.


March 7, 2014


/s/ Brian Smith
BRIAN SMITH
Vice President


Wells Fargo Bank, N.A.