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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

THOMAS JOHN CARLSON,

Plaintiff-Appellant,

 v.

BRIAN DUFFY; et al.,

Defendants-Appellees.

No. 15-15899

D.C. No. 2:13-cv-00766-TLN-AC

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Troy L. Nunley, District Judge, Presiding

Submitted December 14, 2016**

Before: WALLACE, LEAVY, and FISHER, Circuit Judges.

California state prisoner Thomas John Carlson appeals pro se from the 

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

prison officials illegally withdrew from his prison trust account Veteran’s

Disability Benefits under 38 U.S.C. § 5301(a). We have jurisdiction under 28 

 

* 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

DEC 23 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 15-15899 

U.S.C. § 1291. We review de novo. Furnace v. Sullivan, 705 F.3d 1021, 1026 

(9th Cir. 2013). We affirm.

The district court properly granted summary judgment because Carlson 

failed to raise a genuine dispute of material fact as to whether defendants 

personally participated in the alleged rights deprivation. See Jones v. Williams, 

297 F.3d 930, 934-35 (9th Cir. 2002) (“In order for a person acting under color of 

state law to be liable under section 1983 there must be a showing of personal 

participation in the alleged rights deprivation . . . .”); cf. Nelson v. Heiss, 271 F.3d 

891, 894-97 (9th Cir. 2001) (explaining that 38 U.S.C. § 5301(a) precludes prison 

officials from placing holds on an inmate’s account, and that an inmate cannot 

assign his future Veteran’s Disability Benefits to pay for goods and services that he 

has received).

We reject as without merit Carlson’s contention that the district court did not 

consider his objections to the magistrate judge’s findings and recommendations

and the authority cited therein.

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

in the opening brief, or arguments and allegations raised for the first time on 

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
3 15-15899 

All pending requests are denied.

AFFIRMED.
Editorial Note on Part 165
Editorial Note: Nomenclature changes to part 165 appear by USCG-2006-25556, 72 FR 36328, 36329, July 2, 2007 and by USCG-2018-1049, 84 FR 7813, Mar. 5, 2019.

§ 165.T08-0658 Safety Zone; Lock and Dam 3 Demolition, Elizabeth, PA. ( a ) *Location.* The following area is a safety zone: All navigable waters on the Monongahela River between mile marker 23.5 and mile marker 24.5.
( b ) *Definitions.* As used in this section— *Designated representative* means any Coast Guard commissioned, warrant, petty officer, a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel, or any Federal, State, or local law enforcement officer who has been designated by the Captain of the Port Pittsburgh (COTP) to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore, and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of the regulations in this section.
*Official patrol vessels* mean any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP to enforce this section.
( c ) *Regulations.* When the safety zone in paragraph (a) of this section is enforced, the following regulations, along with those contained in 33 CFR 165.23 apply: ( 1 ) No person or vessel may enter the safety zone described in paragraph (a) of this section without the permission of the COTP or the COTP's designated representative.
( 2 ) Any person or vessel permitted to enter the safety zone shall comply with the directions and orders of the COTP or the COTP's designated representative. Any vessel that is granted permission to enter or remain in this zone by the COTP or the COTP's designated representative must proceed through the zone with caution and operate at a speed no faster than that speed necessary to maintain a safe course, unless otherwise required by the Navigation Rules in 33 CFR chapter I, subchapter E.
( 3 ) To seek permission to enter the safety zone, contact the COTP or the COTP's representative by VHF Channel 13 or 16, or through the Marine Safety Unit Pittsburgh at (412) 221-0807.
( d ) *Effective period and enforcement period.* The safety zone in paragraph (a) of this section is in effect from August 1, 2024, through December 31, 2024. The section is subject to enforcement at all times during this period. The Coast Guard anticipates the safety zone will be enforced for approximately two days per week throughout the period, but that may be adjusted based on actual demolition activities. The COTP, or a designated representative, will inform the public through written Local Notice to Mariners, and Broadcast Notice to Mariners via VHF-FM marine channel 13 or 16, of the enforcement period of the safety zone.
( e ) *Penalties.* Those who violate this section are subject to the penalties set forth in 46 U.S.C. 70036.
[USCG-2024-0658, 89 FR 60825, July 29, 2024]
**Exhibit 31.1**
**CERTIFICATION**
I, Jeffrey A. Rich, Chief Executive Officer, certify that:
1. I have reviewed this Quarterly Report on Form 10-Q of Affiliated Computer Services, Inc.;
2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;
3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in this report;
4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:
(a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;
(b) [Intentionally omitted]
(c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered bythis report based on such evaluation; and
(d) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscalquarter (the registrant’s fourth fiscal quarter in the case of an annual report)that has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions):
(a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process, summarize andreport financial information; and
(b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.
Date: May 10, 2005                                                                           /s/ Jeffrey A. Rich   Jeffrey A. Rich   Chief Executive Officer
**Exhibit 32(e)**

 

 

 

**CERTIFICATION**

**18 U.S.C. SECTION 1350**

**AS ADOPTED PURSUANT TO SECTION 906 OF THE**

**SARBANES-OXLEY ACT OF 2002**

 

In connection with the accompanying Quarterly Report on Form 10-Q of Mississippi Power Company for the quarter ended June 30, 2007, we, the undersigned, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of our individual knowledge and belief, that:

 

| (1)    | such Quarterly Report on Form 10-Q of Mississippi Power Company for the quarter ended June 30, 2007, which this statement accompanies, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and            |
|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                                                                                         |
| (2)    | the information contained in such Quarterly Report on Form 10-Q of Mississippi Power Company for the quarter ended June 30, 2007, fairly presents, in all material respects, the financial condition and results of operations of Mississippi Power Company. |

 

 

 

|   | /s/Anthony J. Topazi

Anthony J. Topazi

President and Chief Executive Officer

 

 

 

  |
|--------|----------------------------------------------------------------------------------------------------------------|
|   | /s/Frances Turnage

Frances V. Turnage

Vice President, Treasurer and

Chief Financial Officer

          |

 

 

Date:  August 6, 2007
[Crim. No. 1959.

First Appellate District, Division One.

July 9, 1937.]

#### THE PEOPLE, Respondent, v. THEODORE GUERRA, Appellant.

No appearance for Appellant.

U. S. Webb, Attorney-General, and Seibert L. Sefton, Deputy Attorney-General, for Respondent.

*672KNIGHT, J.

—A jury found the defendant guilty of second degree burglary. It found also as charged in the information that he had been twice previously convicted of felony. An appeal was taken but no brief has been filed in support thereof.  When the cause came on for argument defendant’s counsel requested and was granted additional time to file a brief, but none has been presented; and the time allowed for the filing thereof has long since expired. We have nevertheless examined the record and after having done so are satisfied that the appeal is without merit.

The record shows that in 1927 the defendant was convicted of burglary in Fresno County; that after having served a sentence therefor in San Quentin prison he was in 1931 convicted of burglary in Los Angeles County; and that shortly after being released from the penitentiary on the latter conviction he was discovered burglarizing a Japanese farm house in Alameda County. The owner of the house came upon him while he was doing so, whereupon he dashed out of the door, struck the owner in the face, knocking him down, and drove away in an automobile. The owner of the house and two or three other persons, including a neighbor named Goularte, took up the pursuit in another automobile, and after chasing defendant for quite a distance succeeded in obtaining the number of the license plates on defendant’s car. Soon afterwards the defendant was taken into custody, at which time and again later at the trial he was positively identified by the owner as the man he discovered burglarizing his home. In his defense the defendant sought to show that it was a ease of mistaken identity, and that he was elsewhere at the time of the commission of the burglary. The evidence introduced by the prosecution is amply sufficient, however, to support the verdict of the jury, and the record reveals nothing to indicate that the defendant was not fairly tried or justly convicted.

The judgment of conviction and order denying defendant's motion for new trial are therefore affirmed.

Tyler, P. J., and Cashin, J., concurred.
#### Ontario Trucking Association et al., Appellants, v New York State Department of Taxation and Finance et al., Respondents.

Submitted April 1, 1996;

decided April 25, 1996

Judge Simons taking no part.
Exhibit 12
  CENTRA
    FINANCIAL HOLDINGS INC. AND SUBSIDIARIES ANNUAL REPORT ONFORM 10-K
    for Fiscal Year Ended December 31, 2008
  COMPUTATION OF RATIOSCASH DIVIDENDS PER SHARE

Cash dividends paid/Common shares outstanding at date of
    declarationBOOK VALUE PER SHARE

Total stockholders equity/Common shares outstanding at
    year-endRETURN ON AVERAGE ASSETS

Net income/Average assetsRETURN ON AVERAGE STOCKHOLDERS EQUITY

Net income/Average stockholders equityTANGIBLE RETURN ON AVERAGE ASSETS

(Net income)/(Average assets)TANGIBLE RETURN ON AVERAGE STOCKHOLDERS EQUITY

(Net income)/(Average Equity)EARNINGS PER SHARE

(Net income)/(Weighted-average common shares outstanding)NET INTEREST MARGIN

Net interest income/Average earning assetsNON-INTEREST EXPENSE TO AVERAGE ASSETS

Non-interest expense/Average assetsEFFICIENCY RATIO

(Non-interest expenses less non-recurring, non-operational
    items)/(Net interest income plus non-interest income)AVERAGE LOANS TO AVERAGE DEPOSITS

Average gross loans/Average depositsDIVIDEND PAYOUT RATIO

Dividends declared/Net incomeAVERAGE STOCKHOLDERS EQUITY TO AVERAGE ASSETS

Average stockholders equity/Average assetsPRIMARY CAPITAL TO PERIOD-END TOTAL ASSETS

(Stockholders equity plus allowance for loan
    losses)/(Period-end total assets plus allowance for loan losses)TIER I CAPITAL TO PERIOD

(Stockholders equity less accumulated other comprehensive
    income/(loss)(Tier 1 Capital)/Risk-adjusted assetsTOTAL CAPITAL RATIO

Tier 1 Capital plus allowance for loan losses/Risk-adjusted
    assetsTIER I LEVERAGE RATIO

Tier 1 Capital/Quarterly average assetsNET CHARGE-OFFS TO AVERAGE LOANS

(Gross charge-offs less recoveries)/Average net loansNON-PERFORMING LOANS AS A PERCENTAGE OF PERIOD END

(Nonaccrual loans plus loans past due 90 days or greater
    plus renegotiated loans)/Gross loans net of unearned interestNON-PERFORMING ASSETS AS A PERCENTAGE OF TOTAL ASSETS

(Nonaccrual loans plus loans past due 90 days or greater
    plus renegotiated loans plus other real estate owned)/Total
    assetsALLOWANCE FOR LOAN LOSSES TO PERIOD-END TOTAL LOANS

Allowance for loan losses/Gross loans net of unearned interest
§ 160.310 Definitions. As used in this subpart, and only for purposes of this supbpart— *Acceptable identification* means a: ( 1 ) Passport;
( 2 ) U.S. Permanent Resident Card;
( 3 ) U.S. merchant mariner document;
( 4 ) U.S. merchant mariner credential;
( 5 ) Transportation Worker Identification Credential (TWIC) issued by the Transportation Security Administration under 49 CFR part 1572; or
( 6 ) Seafarer's Identification Document (SID) issued by or under the authority of the government of a country that has ratified the International Labour Organization Seafarers' Identity Documents Convention (Revised), 2003 (ILO 185), meeting all the requirements of ILO 185.
*Commercial service* means any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel.
*Crewmember* means all persons carried onboard a vessel to provide: navigation services; maintenance of the vessel, its machinery, or systems; arrangements essential for propulsion or safe navigation; or services for other persons onboard.
*Foreign vessel* means a vessel of foreign registry or operated under the authority of a country except the United States.
*Navigable waters of the United States* means the same as this term is defined in 33 CFR 2.36(a). This includes a 12-nautical-mile wide U.S. territorial sea as measured from the baseline, U.S. internal waters subject to tidal influence, and certain U.S. internal waters not subject to tidal influence.
*Operator* means any person including, but not limited to, an owner, a charterer, or another contractor who conducts, or is responsible for, the operation of a vessel.
*Passport* means any travel document issued by competent authority showing the bearer's origin, identity, and nationality if any, which is valid for the admission of the bearer into a foreign country.
*Port or place of departure* means any port or place in which a vessel is anchored or moored.
*Port or place of destination* means any port or place in which a vessel is bound to anchor or moor.
<PAGE>

                                                                    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

In connection with the Amendment No.1 to the Annual Report of Marsh
Supermarkets, Inc. (the "Company") on Form 10-K/A for the period ending March
29, 2003, as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), I, Douglas W. Dougherty, Chief Financial Officer of the
Company, 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 results of operations of the
Company.

/s/  Douglas W. Dougherty
------------------------------
Douglas W. Dougherty
Chief Financial Officer
February 17, 2004
ex-10_1.htm










 


Eugene M Egeberg


Certified Public Accountant


2400 Boston Street, Suite 102


Baltimore, Maryland  21224


(410) 218-1711







INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM’S REPORT







To the Board of Directors of


Dolat Ventures, Inc.


(An Exploration Stage Company)


New York, NY












We have audited the accompanying consolidated balance sheets of Dolat Ventures, Inc. (the “Company”) as of February 28, 2012 and the related consolidated statements of operation, stockholders' equity (deficit), and cash flows for the year ended February 28, 2011 and for the period from April 13, 2006 (inception) through February 28, 2012. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audits.







We conducted our audits in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. The Company is not required to have, nor were we engaged to perform, an audit of its internal control over financial reporting. Our audit included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Company’s internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.







In our opinion, the financial statements referred to above present fairly, in all material respects, the consolidated financial position of Dolat Ventures, Inc. as of February 28, 2011, and the results of its operations and its cash flows for the year ended February 28, 2011 and for the period from April 13, 2006 (inception) through February 28, 2012 in conformity with accounting principles generally accepted in the United States of America.







As discussed in Note 1 to the consolidated financial statements, the Company's absence of significant revenues, recurring losses from operations, and its need for additional financing in order to fund its projected losses in 2013 raise substantial doubt about its ability to continue as a Going Concern. The 2011 consolidated financial statements do not include any adjustments that might result from the outcome of this uncertainty.


 


 


/s/ Eugene M Egeberg, CPA


Baltimore, MD


29 June 2012
<PAGE>

                                                                      Exhibit 32

                            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 K-Tron International, Inc. (the
"Company") on Form 10-Q for the period ended October 2, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Edward
B. Cloues, II, Chairman of the Board of Directors and Chief Executive Officer of
the Company, and I, Ronald R. Remick, Senior Vice President, Chief Financial
Officer and Treasurer of the Company, each certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, to my knowledge:

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.

RONALD R. REMICK                            EDWARD B. CLOUES, II
----------------------                      -------------------------------
Ronald R. Remick                            Edward B. Cloues, II
Senior Vice President, Chief Financial      Chairman and Chief Executive Officer
  Officer and Treasurer
Date: November 5, 2004                      Date:  November 5, 2004