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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANTHONY C. WEIMER, 

Plaintiff-Appellant, 

 v. 

MICROSOFT CORPORATION, a 

Washington Corporation; GOOGLE, LLC, a 

Delaware limited liability company, 

Defendants-Appellees.

No. 22-35246 

D.C. No. 9:21-cv-00078-BMM 

MEMORANDUM*

Appeal from the United States District Court

for the District of Montana

Brian M. Morris, District Judge, Presiding

Submitted June 26, 2023**

Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges.

Anthony C. Weimer appeals pro se from the district court’s judgment 

dismissing his action alleging various federal claims regarding his exposure to 

obscene online materials. We have jurisdiction under 28 U.S.C. § 1291. We 

* 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). Weimer’s requests for oral 

argument, set forth in the opening and reply briefs, are denied.

FILED

JUL 5 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 22-35246 

review de novo a dismissal on the basis of res judicata. Mpoyo v. Litton ElectroOptical Sys., 430 F.3d 985, 987 (9th Cir. 2005). We affirm.

The district court properly dismissed Weimer’s action as barred by the 

doctrine of res judicata because Weimer’s claims were raised or could have been 

raised in his prior federal action between the parties or their privies that resulted in 

a final judgment on the merits. See id. (elements of res judicata under federal law); 

Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Plan. Agency, 322 F.3d 1064, 

1077-78 (9th Cir. 2003) (explaining that “imaginative” parties may not “avoid 

preclusion by attaching a different legal label to an issue that has, or could have, 

been litigated”).

AFFIRMED.
<PAGE>   1

                                                                EXHIBIT 23.2


                         INDEPENDENT AUDITORS' CONSENT

     We consent to the incorporation by reference in the registration statement
No. 333-1348 on Form S-8, registration statement No. 333-11383 on Form S-3,
registration statement No. 333-28467 on Form S-3, registration statement No.
333-36573 on Form S-3, registration statement No. 333-36055 on Form S-8 and
registration statement No. 333-28465 on Form S-3 of Cityscape Financial Corp.
of our report, dated March 27, 1996, which report appears in the Annual Report
on Form 10-K for the year ended December 31, 1997 relating to Cityscape
Financial Corp. and its subsidiaries.

/S/ BDO Stoy Haywood
BDO STOY HAYWOOD
London, England
MARCH 31, 1998
[Federal Register Volume 65, Number 127 (Friday, June 30, 2000)]
[Notices]
[Page 40622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16571]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER95-218-021]


Koch Trading Trading Inc; Notice of Filing

June 26, 2000.
    Take notice that on June 21, 2000, Koch Energy Trading Inc. (KET), 
tendered for filing a notice of change in status, informing the 
Commission that KET's parent company Koch Energy, Inc. (Koch) has 
signed an agreement to form a partnership with Entergy Corporation 
(Entergy) that will own KET. KET also filed a code of conduct in 
accordance with the Commission's policies regarding transactions 
between power marketers and their public utility affiliates.
    Any person desiring to be heard or to protest such filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure (18 CFR 385.211 and 385.214). All such motions and 
protests should be filed on or before July 12, 2000. Protests will be 
considered by the Commission to determine the appropriate action to be 
taken, but will not serve to make protestants parties to the 
proceedings. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection. This filing may also be viewed on 
the Internet at http://www.ferc.fed.us/online/rims.htm (call 202-208-
2222 for assistance).

David P. Boergers,
Secretary.
[FR Doc. 00-16571 Filed 6-29-00; 8:45 am]
BILLING CODE 6717-01-M
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-19-00420-CV

Steven ROBLES,

Appellant

v.

Sally ALBA, et al.,

Appellees

From the 365th Judicial District Court, Maverick County, Texas

Trial Court No. 090324241MCVAJA

Honorable Amado J. Abascal, III, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice

Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice

Delivered and Filed: July 10, 2019

DISMISSED

This is an attempted appeal from a final order in a suit affecting the parent-child 

relationship, dated August 10, 2009. Appellant filed a “Motion for Leave to File Late Notice of 

Appeal” on June 20, 2019.

Absent a timely filed notice of appeal from a final judgment or appealable interlocutory 

order, we do not have jurisdiction over an appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 

195 (Tex. 2001). A notice of appeal must be filed within thirty days after the judgment or other 

appealable order is signed if no deadline-extending post-judgment motions have been filed. See 
04-19-00420-CV

- 2 -

TEX. R. APP. P. 26.1. A motion for extension of time is necessarily implied when an appellant, 

acting in good faith, files a notice of appeal beyond the time allowed by Rule 26.1 but within the 

fifteen-day grace period provided by Rule 26.3 for filing a motion for extension of time. Verburgt 

v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). “Once the 

period for granting a motion for extension of time under [Rule 26.3] has passed, a party can no 

longer invoke an appellate court’s jurisdiction.” Id.

Here, appellant did not file a notice of appeal within the time allowed by Rule 26.1, nor 

did he file a notice of appeal or motion for extension of time to file a notice of appeal within the 

fifteen-day grace period provided by Rule 26.3. Accordingly, this appeal and appellant’s motion 

for leave are dismissed for lack of jurisdiction. 

PER CURIAM
### Page 1 of 3 **Disposition Comments Docket No:**  

### FAA - 201 3 - 06 9 9 These comments are in **Directorate ID:** 

### 201 2 -NM - 1 98 - AD response to an SNPRM Originating Office Tracking No.: **Next Step:** FRAN SNPRM 

### N o C omments/Only

Supportive Comments Received

– If this box is checked, no signatures are required. 

### Has the reference d service information been revised since the NPRM was issued? I f ye s, lis t latest revision and attach a cop y. Note that changes beyond the scope of the previously published NPRM will require a new notice. Contact the Directorate focal point for guidance. Instructions: Summarize all comments **by issue** (not by commenter) and provide your recommended resolution of each issue. **All comments relating to the sam e issue should be discussed together.**  Do not list all of the issues from one commenter togeth er. If changes to the AD are required based on the comments received, explain why and describe in detail what change(s) you recommend. Reference FAA - IR- M - 8040.1C Chapter 9. **ISSUE 1:** Select one o

f the following : If other, explain : Commenter(s): What change to the AD action is requested? Why is the change requested or how is it justified? Do we agree? If **YES,** we agree because Make the following changes to the AD: If **PARTIALLY AGREE** , we agree with because We disagree with because

Make the following changes to the AD: If **NO** , we don’t agree because **ISSUE 2**  **:** Select one of the following :

If other, explain : Commenter(s): What change to the AD action is requested? Why is the change requested or how is it justified? Do we agree? If **YES,** we agree because Make the following changes to the AD: If **PARTIALLY AGREE** , we agree w ith because We disagree with because Make the following changes to the AD:

### Page 2 of 3

If **NO** , we don’t agree because **For additional issues, do uble**  **- click**  **here**

### Page 3 of 3 **S ignature Section**  Signature indicates concurrence with this action. Originating Office Tracking No.: **ASE** Printed Name **: Date** 

**Branch Man ager**  **Date**
32.2
            Certification
      of the Chief Financial Officer of Genesis Capital Corporation of Nevada
      pursuant to Section 906 of the Sarbanes Oxley Act of
  2002








CERTIFICATION
PURSUANT TO


18 U.S.C.
SECTION 1350


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Quarterly Report on Form 10-Q of Genesis Capital Corporation
of Nevada (the "Company") for the quarter ended December 31, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned Christopher Astrom, Chief Financial Officer of Genesis Capital
Corporation of Nevada, 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.







Dated:
February 17, 2009






/s/
CHRISTOPHER ASTROM





Christopher
Astrom


Chief
Financial Officer
#### § 80.312 Priority of distress transmissions.

The distress call has absolute priority over all other transmissions. All stations which hear it must immediately cease any transmission capable of interfering with the distress traffic and must continue to listen on the frequency used for the emission of the distress call. This call must not be addressed to a particular station. Acknowledgement of receipt must not be given before the distress message which follows it is sent.
#### § 80.1161 Emergency position indicating radiobeacon (EPIRB).

EPIRB transmissions must be used only under emergency conditions. The various classes of EPIRB's are described in subpart V of this part.
Exhibit 21.3




INDEPENDENT AUDITORS' CONSENT

We consent to the  incorporation  by reference in  Registration  Statement No.'s
33-58912, 33-76036, 33-99096, 333-35122 and 333-81916 of Home Federal Bancorp on
Form S-8 of our report  dated  January  23,  2004  (which  report  expresses  an
unqualified  opinion),  appearing  in this  Annual  Report  on Form 10-K of Home
Federal Bancorp for the twelve-month period ended December 31, 2003.


/s/ Deloitte & Touche LLP

DELOITTE & TOUCHE LLP

Indianapolis, Indiana
March 12, 2004
1



## UV analysis of

June 18 2013

Methodology Instrument: Thermo Evolution 300 Cell: Quartz 10mm 3.0ml volume Solvent: tetrahydrofuran (no inhibitor) Wavelength: 2 00 nm -900 nm Slit Width: 1 nm

UV Spectrum

Fi gure 1. UV spectrum of
#### § 19.1 Purpose of regulations.

The regulations contained in this part provide rules relative to the prohibition against shooting or harassing of wildlife from any aircraft, provide the requirements for the contents and filing of annual reports by the States regarding permits issued for such shooting or harassing, and provide regulations necessary for effective enforcement of the Fish and Wildlife Act of 1956 as amended (16 U.S.C. 742a—j-1).
§ 95.1733 Prohibited GMRS uses. ( a ) In addition to the prohibited uses outlined in § 95.333 of this chapter, GMRS stations must not communicate: ( 1 ) Messages in connection with any activity which is against Federal, State, or local law;
( 2 ) False or deceptive messages;
( 3 ) Coded messages or messages with hidden meanings (“10 codes” are permissible);
( 4 ) Music, whistling, sound effects or material to amuse or entertain;
( 5 ) Advertisements or offers for the sale of goods or services;
( 6 ) Advertisements for a political candidate or political campaign (messages about the campaign business may be communicated);
( 7 ) International distress signals, such as the word “Mayday” (except when on a ship, aircraft or other vehicle in immediate danger to ask for help);
( 8 ) Messages which are both conveyed by a wireline control link and transmitted by a GMRS station;
( 9 ) Messages (except emergency messages) to any station in the Amateur Radio Service, to any unauthorized station, or to any foreign station;
( 10 ) Continuous or uninterrupted transmissions, except for communications involving the immediate safety of life or property; and
( 11 ) Messages for public address systems.
( 12 ) The provision of § 95.333 apply, however, if the licensee is a corporation and the license so indicates, it may use its GMRS system to furnish non-profit radio communication service to its parent corporation, to another subsidiary of the same parent, or to its own subsidiary.
( b ) GMRS stations must not be used for one-way communications other than those listed in § 95.1731(b). Initial transmissions to establish two-way communications and data transmissions listed in § 95.1731(d) are not considered to be one-way communications for the purposes of this section.
No. 11-10109.

#### Hill *v.*Humphrey, Warden.

C. A. 11th Cir. Certiorari denied.
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 Quarterly Report of Jones Soda Co. (the Company) on Form 10-Q for the fiscal
quarter ended June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Hassan N. Natha, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:

1. the Report fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m 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.



|                        |  |  |  |               
|----------------------- |  |  |  | --------------
|                        |  | 
|/s/ Hassan N. Natha     |  |  |  | August 8, 2008
|Hassan N. Natha         |  |  |  |               
|Chief Financial Officer |  |  |  |
**Exhibit 31.2**
     **CERTIFICATIONS**
   I, Eric P. Graap, certify that:
     1. I have reviewed this quarterly report on Form 10-Q of Fauquier Bankshares, Inc.;
     2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;
     3. Based on my knowledge, the financial statements, and other financial informationincluded in this 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 presentedin this report;
     4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:
 a)  Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material 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)  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 by thisreport based on such evaluation; and  c)  Disclosed in this report any change in the registrant’s internal controlover financial 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 and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’s auditorsand the audit committee of the registrant’s board of directors (or persons performing theequivalent 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 13, 2005   /s/ Eric P. Graap                Eric P. Graap    Senior Vice President and Chief Financial Officer
----

            COMMISSION DECISION         

of 4 August 2005         

amending Decision 93/52/EEC as regards the declaration that certain regions of Italy are free of brucellosis (B. melitensis) and Decision 2003/467/EC as regards the declaration that certain provinces of Italy are free of bovine brucellosis and that the region of Piemonte is free of enzootic bovine leucosis

(notified under document number C(2005) 2932)

(Text with EEA relevance)

(2005/604/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 64/432/EEC of 26 June 1964 on health problems affecting intra-Community trade in bovine animals and swine (1), and in particular Annex A (II) (7) and Annex D (I) (E) thereto,

Having regard to Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (2), and in particular Annex A, Chapter 1, point II thereto,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Annex II to Decision 93/52/EEC is amended in accordance with Annex I to this Decision.

Article 2

Annexes II and III to Decision 2003/467/EC are amended in accordance with Annex II to this Decision.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 4 August 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ 121, 29.7.1964, p. 1977/64. Directive as last amended by Regulation (EC) No 1/2005 (OJ L 3, 5.1.2005, p. 1).

(2)OJ L 46, 19.2.1991, p. 19. Directive as last amended by Commission Decision 2004/554/EC (OJ L 248, 22.7.2004, p. 1).

(3)OJ L 13, 21.1.1993, p. 14. Decision as last amended by Decision 2005/179/EC (OJ L 61, 8.3.2005, p. 37).

(4)OJ L 156, 25.6.2003, p. 74. Decision as last amended by Decision 2005/179/EC.

----

ANNEX I

Annex II to Decision 93/52/EEC is replaced by the following:

                     ‘ANNEX II

In France:

In Italy:

In Portugal:

In Spain:

----

ANNEX II

Annexes II and III to Decision 2003/467/EC are amended as follows:

----
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Exhibit
32.2     Certification of the Chief Financial Officer
of Genesis Capital Corporation of Nevada pursuant to Section 906 of the Sarbanes
Oxley Act of 2002








CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Quarterly Report on Form 10-Q of Genesis Capital Corporation
of Nevada (the "Company") for the quarter ended March 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned Christopher Astrom, Chief Financial Officer of Genesis Capital
Corporation of Nevada, 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.







Dated:
      May 15, 2008
              
              /s/ CHRISTOPHER
      ASTROMChristopher
      AstromChief
      Financial Officer