alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>


<ARTICLE>        5
<LEGEND>
         THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM ACG
HOLDINGS, INC.'S UNAUDITED CONDENSED CONSOLIDATED FINANCIAL STATEMENTS FOR THE
Six MONTH PERIOD ENDED September 30, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                                                         0000856710
<NAME>                                                        ACG HOLDINGS, INC.
<MULTIPLIER>                                                  1,000
<CURRENCY>                                                    U.S. DOLLARS

<S>                           <C>
<PERIOD-TYPE>                 6-MOS
<FISCAL-YEAR-END>                                             MAR-31-2001
<PERIOD-START>                                                APR-01-2000
<PERIOD-END>                                                  SEP-30-2000
<EXCHANGE-RATE>                                               1
<CASH>                                                        0
<SECURITIES>                                                  0
<RECEIVABLES>                                                 69,574
<ALLOWANCES>                                                  3,149
<INVENTORY>                                                   13,698
<CURRENT-ASSETS>                                              83,692
<PP&E>                                                        290,750
<DEPRECIATION>                                                158,568
<TOTAL-ASSETS>                                                299,703
<CURRENT-LIABILITIES>                                         79,198
<BONDS>                                                       185,000
<PREFERRED-MANDATORY>                                         0
<PREFERRED>                                                   0
<COMMON>                                                      1
<OTHER-SE>                                                    (98,249)
<TOTAL-LIABILITY-AND-EQUITY>                                  299,703
<SALES>                                                       280,371
<TOTAL-REVENUES>                                              280,371
<CGS>                                                         231,176
<TOTAL-COSTS>                                                 231,176
<OTHER-EXPENSES>                                              0
<LOSS-PROVISION>                                              292
<INTEREST-EXPENSE>                                            16,853
<INCOME-PRETAX>                                               12,680
<INCOME-TAX>                                                  1,197
<INCOME-CONTINUING>                                           11,483
<DISCONTINUED>                                                0
<EXTRAORDINARY>                                               0
<CHANGES>                                                     0
<NET-INCOME>                                                  11,483
<EPS-BASIC>                                                   0
<EPS-DILUTED>                                                 0



</TABLE>
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).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JEFFREY W. OLNEY,

 Plaintiff - Appellant,

 v.

JOHN HARTWIG, Department of

Corrections Doctor, Snake River

Correctional Institution; et al.,

 Defendants - Appellees.

No. 11-35180

D.C. No. 6:05-cv-00296-TC

MEMORANDUM*

Appeal from the United States District Court

for the District of Oregon

Ann Aiken, Chief Judge, Presiding

Submitted March 6, 2012** 

Before:: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges. 

Jeffrey W. Olney, an Oregon state prisoner, appeals pro se from the district

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

his medical needs and safety relating to his assignment to an upper bunk. We have

FILED

MAR 15 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-35180

jurisdiction under 28 U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391

F.3d 1051, 1056 (9th Cir. 2004) (summary judgment); Barlow v. Ground, 39 F.3d

231, 233 (9th Cir. 1994) (dismissal under Fed. R. Civ. P. 25). We may affirm on

any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59

(9th Cir. 2008). We affirm.

The district court properly granted summary judgment on the claims against 

defendants Gilmore, Hill, Hodge and Hicks because Olney did not raise a genuine

dispute of material fact as to whether they were deliberately indifferent to his

safety or were responsible for denying his requests for a low bunk assignment. See

Farmer v. Brennan, 511 U.S. 825, 837 (1994) (no deliberate indifference unless

prison officials know of and disregard “an excessive risk to inmate health or

safety”). 

The district court properly dismissed Olney’s claims against defendant

Hartwig in his individual capacity because Hartwig is deceased and no party filed a

valid motion to substitute his successor within 90 days of the filing of the

suggestion of death. See Fed. R. Civ. P. 25(a)(1). 

The district court did not explicitly address Olney’s claims against defendant

Hartwig in his official capacity, but dismissal of those claims was also appropriate. 

See Pena v. Gardner, 976 F.2d 469, 472 (9th Cir. 1992) (the Eleventh Amendment
3 11-35180

bars suits for money damages in federal courts against a state, its agencies, and

state officials acting in their official capacities); Johnson v. Moore, 948 F.2d 517,

519 (9th Cir. 1991) (injunctive relief claims relating to incarceration in a former

prison were moot where prisoner “demonstrated no reasonable expectation of

returning” to the former prison after being transferred).

 AFFIRMED.
<PAGE>

                                                                    EXHIBIT 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
   PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)

         The undersigned Chief Financial Officer of First Keystone Financial,
Inc. (the "Registrant") hereby certify that the Registrant's Form 10-Q for the
quarter ended December 31, 2003 fully complies with the requirements of Section
13(a) of the Securities Exchange Act of 1934 and that the information contained
therein fairly presents, in all material respects, the financial condition and
results of operations of the Registrant.

                                      /s/ Rose M. DiMarco
                                      -----------------------------------------
                                      Name: Rose M. DiMarco
                                      Title: Chief Financial Officer

Date: February 13, 2004

A signed original of this written statement required by Section 906 of the
Sarbanes Oxley Act has been provided to First Keystone Financial, Inc. and will
be retained by First Keystone Financial, Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.
104TH CONGRESS

2D SESSION H. J. RES. 175

JOINT RESOLUTION

Making further continuing appropriations for the

fiscal year 1996, and for other purposes.
104TH CONGRESS

2D SESSION H. J. RES. 175

JOINT RESOLUTION

Making further continuing appropriations for the fiscal year

1996, and for other purposes.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,
2

•HJ 175 EH

1 TITLE I—Continuing

2 Appropriations

3 SECTION 101. Public Law 104–99 is further amend4 ed by striking out ‘‘April 24, 1996’’ in sections 106(c),

5 112, 126(c), 202(c), and 214 and inserting in lieu thereof

6 ‘‘April 25, 1996’’; and that Public Law 104–92 is further

7 amended by striking out ‘‘April 24, 1996’’ in section

8 106(c) and inserting in lieu thereof ‘‘April 25, 1996’’.

Passed the House of Representatives April 24, 1996.

Attest:

Clerk.
* Pursuant to 5 TH C IR . 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 C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED July 9, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-60921 Summary Calendar

CHRISTOPHER MUSYOKI, Petitioner,

versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, Respondent.

-------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A78 885 665

-------------------- Before SMITH, DeMOSS, and PRADO, Circuit Judges.
PER CURIAM: * Christopher Musyoki petitions this court for review of the Board of Immigration Appeals’s (BIA) order affirming the immigration judge’s (IJ) denial of his request for a continuance. Musyoki sought a continuance of his removal proceeding pending an appeal by his wife of the denial of an I-130 petition filed on his behalf. Musyoki argues that he was unfairly surprised by the denial of the I-130 petition. He contends that his wife did not have an opportunity to respond to the denial or to lodge an appeal.No. 06-60921 -2- The grant of a motion to continue lies within the sound discretion of the IJ, who may grant the motion for good cause shown. Witter v. INS , 113 F.3d 549, 555-56 (5th Cir. 1997); see 8 C.F.R. § 1003.29. An “immigration judge’s decision denying a motion for a continuance will not be reversed unless the alien establishes that [the] denial caused him actual prejudice and harm and materially affected the outcome of his case.” In re Sibrun , 18 I & N Dec. 354, 356-57 (BIA 1983). To show prejudice, “the alien must specifically articulate the particular facts involved or the evidence which he would have presented, and otherwise fully explain how the denial of his motion fundamentally changed the result reached.” Id. at 357. Given that the I-130 petition filed by his wife had been denied, the petition was not “prima facie approvable.” In re Garcia , 16 I & N Dec. 653, 656 (BIA 1978). Musyoki did not show good cause for the grant of a continuance before the IJ. See Witter , 113 F.3d at 555-56. On his appeal to the BIA, Musyoki failed to show that the BIA’s affirmance of the IJ’s denial of a continuance prejudiced him or that it had a material affect on the outcome of his case. See In re Sibrun , 18 I & N Dec. at 356- 57. Musyoki has not shown that the BIA abused its discretion in affirming the IJ’s denial of his motion a continuance. See Witter , 113 F.3d at 555. Musyoki also contends that the denial of a continuance violated his right to due process given that his wife is entitledNo. 06-60921 -3- to appeal the denial of the I-130 petition. Musyoki has not specified facts or evidence that would suggest that the I-130 petition filed on his behalf by his spouse was improperly denied or that the outcome would be different on appeal. Musyoki’s due process claim fails because he has not made “an initial showing of substantial prejudice.” Anwar v. INS , 116 F.3d 140, 144 (5th Cir. 1997).
PETITION FOR REVIEW DENIED.
[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Notices]
[Page 40829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19399]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0706]


Certificate of Alternative Compliance for the Offshore Supply 
Vessel PAO DE ACUCAR

AGENCY: Coast Guard, DHS.

ACTION: Notice.

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

SUMMARY: The Coast Guard announces that a Certificate of Alternative 
Compliance was issued for the offshore supply vessel PAO DE ACUCAR as 
required by 33 U.S.C. 1605(c) and 33 CFR 81.18.

DATES: The Certificate of Alternative Compliance was issued on May 18, 
2009.

ADDRESSES: The docket for this notice is available for inspection or 
copying at the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet by going to http://www.regulations.gov, 
inserting USCG-2009-0706 in the ``Keyword'' box, and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call CWO2 David Mauldin, District Eight, Prevention Branch, U.S. Coast 
Guard, telephone 504-671-2153. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The offshore supply vessel PAO DE ACUCAR will be used for offshore 
supply operations. The Certificate of Alternative Compliance allows for 
the horizontal distance between the forward and aft masthead lights to 
be 21' 10''. Placing the aft masthead light at the horizontal distance 
from the forward masthead light as required by Annex I, paragraph 3(a) 
of the 72 COLREGS, and Annex I, Section 84.05(a) of the Inland Rules 
Act, would result in an aft masthead light location directly over the 
cargo deck, where it would interfere with loading and unloading 
operations.
    The Certificate of Alternative Compliance allows for the horizontal 
separation of the forward and aft masthead lights to deviate from the 
requirements of Annex I, paragraph 3(a) of 72 COLREGS, and Annex I, 
Section 84.05(a) of the Inland Rules Act.
    This notice is issued under authority of 33 U.S.C. 1605(c) and 33 
CFR 81.18.

    Dated: July 27, 2009.
J.W. Johnson,
Commander, U.S. Coast Guard, Chief, Inspections and Investigations 
Branch, By Direction of the Commander Eighth Coast Guard District.
[FR Doc. E9-19399 Filed 8-12-09; 8:45 am]
BILLING CODE 4910-15-P
[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Notices]
[Page 41674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19512]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Boundary Establishment for North Fork Smith and Upper Rogue 
National Wild and Scenic Rivers, Rogue River-Siskiyou National Forest, 
Jackson, Douglas, Klamath, and Josephine Counties, OR

AGENCY: Forest Service, USDA.

ACTION: Notice of availability.

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

SUMMARY: On August 4, 2009, in accordance with 16 U.S.C. 127 1-1287 
(section 3(b) of the Wild and Scenic Rivers Act), the USDA Forest 
Service, Washington Office, transmitted the final boundaries of the 
North Fork Smith and Upper Rogue National Wild and Scenic Rivers to 
Congress. As specified by law, the boundaries will not be effective 
until ninety days after Congress receives the transmittal.

FOR FURTHER INFORMATION CONTACT: Information may be obtained by 
contacting the Rogue River Siskiyou National Forest, P.O. Box 520, 
Medford, Oregon 97501, 541-858-2200.

SUPPLEMENTARY INFORMATION: The North Fork Smith and Upper Rogue 
National Wild and Scenic Rivers boundaries are available for review at 
the following offices: USDA Forest Service, Recreation, Yates Building, 
14th and Independence Avenues, SW., Washington, DC 20024; USDA Forest 
Service, Pacific Northwest Region, 333 SW. 1st Ave., Portland, OR 
97208; and, Rogue River-Siskiyou National Forest, 333 West 8th Street, 
Medford, Oregon.
    The Omnibus Oregon Wild and Scenic Rivers Act of 1988 (Pub. L. 100-
557) of October 28, 1988, designated the North Fork Smith and the Upper 
Rogue River, Oregon, as National Wild and Scenic Rivers, to be 
administered by the Secretary of Agriculture.

    Dated: August 7, 2009.
Claire Lavendel,
Regional Director of Recreation, Lands and Minerals.
[FR Doc. E9-19512 Filed 8-17-09; 8:45 am]
BILLING CODE 3410-11-M
I, Richard Altomare, certify that:

           1. I have reviewed this quarterly report on Form 10-QSB/A of
Universal Express, Inc.:

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


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

           4. The registrant's other certifying officers and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-14 and 15d-14) 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 quarterly 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 quarterly report (the "Evaluation Date"); and

           c) Presented in this quarterly 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 (or persons performing the
equivalent functions):

           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 quarterly 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.





                                          /S/ RICHARD A. ALTOMARE
                                          Richard A. Altomare, Chief Executive
                                          Officer and Chief Financial Officer


Dated:     November 14, 2003
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA
F OURTH D ISTRICT

WAYNE DEBLAKER , Appellant,

v.

STATE OF FLORIDA , Appellee

.

No. 4D 20

- 2099

[ March 18, 2021 ]

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Thomas J. Coleman

, Judge; L.T. Case No s

. 94

- 10523CF10A, 94

- 11290CF10A and 94

- 13222CF10B

.
Wayne Deblaker, Raiford, pro se.

No appearance required for appellee.

P ER C URIAM

.
Af firmed.

G ROSS , D AMOORGIAN and G ERBER , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### § 36.3121(l)(10)-1 Requirements in respect of liability under agreement.

To the extent not inconsistent with, or otherwise provided in, the regulations in this part, the requirements and duties (relating to identification number, account numbers, wage information statements to employees, record keeping, etc.) imposed on an employer for any period with respect to the taxes imposed by the Federal Insurance Contributions Act are hereby made applicable to a domestic corporation with respect to its obligations and liabilities, for the same period, under an agreement entered into as provided in § 36.3121(l)(1)-1.
Exhibit 32.1



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 Quarterly Report of Cornerstone Realty Income Trust, Inc. (the Company) on Form 10-Q for the period ending September
30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned hereby certifies, pursuant to 18 U.S.C Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002 that, to the best of his knowledge: (1) the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and (2) the information contained in the Report fairly
presents, in all material respects, the financial condition and results of operations of the Company as of September 30, 2004 and for the period then ended.



|                       
|-----------------------
|/s/ GLADE M. KNIGHT    
|Glade M. Knight        
|Chief Executive Officer



November 9, 2004
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 140 Introduced in House (IH)]

  2d Session
H. J. RES. 140

Making further continuing appropriations for the fiscal year 1996, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 1996

Mr. Obey introduced the following joint resolution; which was referred 
                   to the Committee on Appropriations

_______________________________________________________________________

                            JOINT RESOLUTION

 
Making further continuing appropriations for the fiscal year 1996, and 
                          for other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That section 106(c) of Public 
Law 104-56 is amended by striking ``December 15, 1995'' and inserting 
``January 31, 1996''.
                                 <all>
```
§ 48.4061(a)-5 Sale of automobile truck bodies and chassis. ( a ) *Sale of completed vehicle.* An automobile truck (as defined by § 48.4061(a)-3(a)) for purposes of the tax imposed by section 4061(a) consists of two parts, namely, a body and a chassis. Generally, the tax applies to the sale by the manufacturer of each. Thus, if the purchaser of a tax-paid chassis attaches to it a taxable body manufactured by him and sells the completed vehicle, he is liable for tax based on the sale price of the body only. However, in such a case, the tax attaches to the selling price of the entire vehicle unless adequate records are available to show the portion of the total selling price attributable to the body.
( b ) *Cross references.* For special rules relating to the sale of a chassis or body to a purchaser who will use it in the manufacture or assembly of a nonhighway vehicle, see § 48.4061(a)-1(e). With respect to bodies sold to a chassis manufacturer, see also section 4063(b) and the regulations thereunder.
[T.D. 7461, 42 FR 2675, Jan. 13, 1977]