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NOT FOR PUBLICATION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

CHARLES GLENN NORMAN, Jr.,

 Petitioner - Appellant,

 v.

JOHN DOVEY; ATTORNEY GENERAL

FOR THE STATE OF CALIFORNIA,

 Respondents - Appellees.

No. 12-15615

D.C. No. 2:06-cv-02235-MCE

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Morrison C. England, Jr., District Judge, Presiding

Submitted October 9, 2012** 

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges. 

California state prisoner Charles Glenn Norman, Jr., appeals pro se from the

district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition as

untimely. We have jurisdiction under 28 U.S.C. § 2253, and we affirm. 

FILED

OCT 17 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 12-15615

Norman does not dispute on appeal the district court’s determination that his

petition was untimely. Even if this issue were not waived by Norman’s failure to

brief it, see Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999), the record

supports the district court’s conclusion. Norman’s petition was filed beyond

AEDPA’s limitations period, and he is not entitled to either equitable or statutory

tolling. See Holland v. Florida, 130 S. Ct. 2549, 2562 (2010) (equitable tolling

available where the petitioner shows “(1) that he has been pursuing his rights

diligently, and (2) that some extraordinary circumstance stood in his way and

prevented timely filing”) (internal quotations omitted); Ferguson v. Palmateer, 321

F.3d 820, 823 (9th Cir. 2003) (“section 2244(d) does not permit the reinitiation of

the limitations period that has ended before the state petition was filed”).

We construe Norman’s additional arguments as a motion to expand the

certificate of appealability. So construed, the motion is denied. See 9th Cir. R. 22-

1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam).

AFFIRMED.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SAMATH DOUNG, 

Petitioner, 

 v. 

MERRICK B. GARLAND, Attorney 

General, 

Respondent.

No. 18-72536 

Agency No. A025-299-112 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted March 16, 2021**

Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges.

Samath Doung, a native and citizen of Cambodia, petitions for review of the 

Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an 

immigration judge’s decision denying his motion to reopen removal proceedings. 

Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of 

* 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

MAR 22 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 18-72536 

discretion the denial of a motion to reopen. Bonilla v. Lynch, 840 F.3d 575, 581 

(9th Cir. 2016). We review de novo questions of law, id., and due process claims 

in immigration proceedings, Jiang v. Holder, 754 F.3d 733, 738 (9th Cir. 2014). 

We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Doung’s motion to reopen as 

untimely, where he filed the motion over 12 years after his final order of 

deportation and Doung failed to show due diligence for equitable tolling of the 

filing deadline after an intervening change in law. See 8 C.F.R. § 1003.2(c)(2)-(3); 

see also Lona v. Barr, 958 F.3d 1225, 1230-32 (9th Cir. 2020) (changes in law can 

serve as a basis for tolling but a petitioner must show due diligence). 

The BIA did not err in its conclusion that Doung’s conviction is 

categorically an aggravated felony theft offense. See United States v. MartinezHernandez, 932 F.3d 1198, 1206-07 (9th Cir. 2019) (California Penal Code § 211 

is categorically an aggravated felony theft offense). Doung’s contention that the 

BIA erred in denying sua sponte reopening for failure to demonstrate exceptional 

circumstances does not otherwise raise a legal or constitutional error to invoke our 

jurisdiction. See Bonilla, 840 F.3d at 588 (“[T]his court has jurisdiction to review 

Board decisions denying sua sponte reopening for the limited purpose of reviewing 

the reasoning behind the decisions for legal or constitutional error.”); see also 
3 18-72536 

Lona, 958 F.3d at 1234-35 (BIA is not required to reopen proceedings sua sponte 

even in a situation involving a fundamental change in law). 

PETITION FOR REVIEW DENIED in part; DISMISSED in part.
#### §§ 1153.104-1153.109 [Reserved]
SENATE OF THE UNITED STATES 

ONE HUNDRED SIXTH CONGRESS 

FIRST SESSION { CONVENED JANUARY 6, 1999 

SECOND SESSION { 

EXECUTIVE CALENDAR 

Friday, March 12, 1999 

PREPARED UNDER THE DIRECTION OF GARY SISCO, 

SECRETARY OF THE SENATE 

By Michelle Haynes, Executive Clerk 
1 

RESOLUTIONS 

CALENDAR Ex. REs REPORTED 

No. No. SUBJECT BY 
2 

TREATIES 

- CALENDAR TREATY REPORTED 

No. Doc. No. SUBJECT BY 
3 

NOMINATIONS 

CALENDAR MESSAGE REPORTED 

No. No. NOMINEE, OFFICE, AND PREDECESSOR BY 

EXECUTIVE OFFICE OF THE PRESIDENT 

* 1 1-15 Susan G. Esserman, of Maryland, to be Deputy Jan 22, 99 Reported by Mr. Roth, 

United States Trade Representative, with the Committee on Finance, without 

rank of Ambassador, vice Jeffrey M. Lang, printed report. 

resigned. 

DEPARTMENT OF THE TREASURY 

* 2 1-18 Timothy F. Geithner, ofNewYork, to be an Jan 22, 99 Reported by Mr. Roth, 

Under Secretary of the Treasury, vice David A. Committee on Finance, without 

Lipton. printed report. 

* 3 1-19 Gary Gensler, of Maryland, to be an Under Jan 22, 99 Reported by Mr. Roth, 

Secretary of the Treasury, vice John D. Committee on Finance, without 

Hawke, Jr. printed report. 

* 4 3-5 Edwin M. Truman, of Maryland, to be a Deputy Jan 22, 99 Reported by Mr. Roth, 

Under Secretary of the Treasury, vice Timothy Committee on Finance, without 

F. Geithner. printed report. 

DEPARTMENT OF ENERGY 

* 8 1-20 T. J. Glauthier, of California, to be Deputy Feb 25, 99 Reported by Mr. 

Secretary ofEnergy, vice Elizabeth Anne Murkowski, Committee on 

Moler. Energy and Natural Resources, 

without printed report. 

*Signifies nominee's commitment to respond to requests to appear and testify before any duly constituted committee of the Senate 
4 

NOMINATIONS PLACED ON THE SECRETARY'S DESK
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S.DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-25-1998
<PERIOD-START>                             JUN-27-1998
<PERIOD-END>                               SEP-25-1998
<EXCHANGE-RATE>                                      1
<CASH>                                           7,359
<SECURITIES>                                         0
<RECEIVABLES>                                   95,203
<ALLOWANCES>                                   (1,678)
<INVENTORY>                                     39,117
<CURRENT-ASSETS>                               155,069
<PP&E>                                         806,982
<DEPRECIATION>                               (264,936)
<TOTAL-ASSETS>                                 799,559
<CURRENT-LIABILITIES>                          124,199
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   (144,913)
<TOTAL-LIABILITY-AND-EQUITY>                   799,559
<SALES>                                              0
<TOTAL-REVENUES>                               180,601
<CGS>                                                0
<TOTAL-COSTS>                                  162,374
<OTHER-EXPENSES>                                   520
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              17,406
<INCOME-PRETAX>                                    301
<INCOME-TAX>                                   (6,068)
<INCOME-CONTINUING>                              6,369
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,369
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
§ 1236.14 What must agencies do to protect records against technological obsolescence? Agencies must design and implement migration strategies to counteract hardware and software dependencies of electronic records whenever the records must be maintained and used beyond the life of the information system in which the records are originally created or captured. To successfully protect records against technological obsolescence, agencies must: ( a ) Determine if the NARA-approved retention period for the records will be longer than the life of the system where they are currently stored. If so, plan for the migration of the records to a new system before the current system is retired.
( b ) Carry out upgrades of hardware and software in such a way as to retain the functionality and integrity of the electronic records created in them. Retention of record functionality and integrity requires: ( 1 ) Retaining the records in a usable format until their authorized disposition date. Where migration includes conversion of records, ensure that the authorized disposition of the records can be implemented after conversion;
( 2 ) Any necessary conversion of storage media to provide compatibility with current hardware and software; and
( 3 ) Maintaining a link between records and their metadata through conversion or migration, including capture of all relevant associated metadata at the point of migration (for both the records and the migration process).
( c ) Ensure that migration strategies address non-active electronic records that are stored off-line.
EXHIBIT 4.5
                               RETRIEVAL DYNAMICS
                   INFORMATION MANGEMENT FOR THE PROFESSIONAL

                           CONVERTIBLE PROMISSORY NOTE


$50,000                                                          April 11,2000

FOR VALUE RECEIVED, RETRIEVAL DYNAMICS CORPORATION, A Florida Corporation, whose
address is 630 S. Orange  Avenue,  Suite 102,  Sarasota,  Fl.  34243,  ("Maker")
promises  to pay to  Charles  H.  Fridley & Teresa  S.  Fridley,  Joint  Tenants
("Lender"),  whose address is, 4913 Hanging Moss Lane,  Sarasota,  Fl. 34238, or
his (her)  assignee,  the principal  sum of Fifty  Thousand  Dollars  ($50,000),
together with interest as follows:

*    Simple interest shall accrue on the unpaid  principal  balance at a rate of
     Nine Percent (9%) per annum and payable at maturity.

*    The principal  balance and any accrued but unpai interest  hereunder is due
     and shall be payable in not more than thirty days (30days) following one of
     the following events:

     1.   The Maker enters into or performs an Initial Public  Offering for its'
          Common Stock under the Securities and Exchange Act of 1933.
     2.   The Maker enters into an agreement to merger,  or reverse  merger with
          another Corporation.
     3.   The Maker  enters  into an  agreement  to sell or cause to be sold the
          Stock of the Corporation under a but-out agreement.

Should the Maker effect or cause to affect the events  stipulated under (1), (2)
or (3) above, the Lender, at his /her sole discretion has the right to:

*    Request payment of principal and interest

*    Convert the  Promissory  Note and  interest,  into the Common  Stock of the
     Maker or the surviving  Corporation.  If available,  the Lender may request
     Preferred Stock.

*    Convert any part of the  principal  and interest due, into The Common Stock
     of the Maker or the surviving Corporation. The Lender may request Preferred
     Stock if available.

The Lender, upon election of his/her conversion option,  shall have the right to
acquire the Common Stock, Preferred if available,  of the Maker or the surviving
Corporation  at a price equal to Fifty  Percent (50%) of the market price at the
time of offering. In the event that the Nasdaq- OTC price structure is used, the
price shall be computed at Fifty Percent (50%) of the average,  BID / ASK price,
at the time of offering.

IN WITHNESS  WHEREOF,  the  undersigned has caused this Note to be signed by its
duly authorized Officer, and this Note to be dated this 11th day of April 2000.

                              RETRIEVAL DYNAMICS CORPORATION

                              By: /s/ Peter Voghel
                              Name:   Peter Voghel
                              Title:   President and Chief Executive Officer
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

IN THE INTEREST OF F.F.

PETITION OF: D.F., MOTHER :

:

:

:

: No. 330 WAL 2021

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 3rd day of January, 2022

, the Petition for Allowance of Appeal is

DENIED

.
[Federal Register Volume 71, Number 226 (Friday, November 24, 2006)]
[Notices]
[Page 67957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9378]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS


Advisory Committee on Homeless Veterans; Notice of Meeting

    The Department of Veterans Affairs (VA) gives notice under Public 
Law 92-463 (Federal Advisory Committee Act) that a meeting of the 
Advisory Committee on Homeless Veterans will be held on December 13-14, 
2006, at the Department of Veterans Affairs Atlanta Regional Office, 
1700 Clairmont Road, Atlanta, Georgia. The sessions will convene at 8 
a.m. each day. On December 13, the session will end at 4 p.m. and on 
December 14 will end at 12 Noon. The meeting is open to the public.
    The purpose of the Committee is to provide the Secretary of 
Veterans Affairs with an ongoing assessment of the effectiveness of the 
policies, organizational structures, and services of the Department in 
assisting homeless veterans. The Committee shall assemble and review 
information relating to the needs of homeless veterans and provide 
ongoing advice on the most appropriate means of assisting homeless 
veterans. The Committee will make recommendations to the Secretary 
regarding such activities.
    On December 13, the Committee will review the responses to the 
Advisory Committee on Homeless Veterans 2006 report and receive 
information and reports from the Department of Veterans Affairs and 
other Federal departments.
    On December 14, the Committee will continue to receive reports and 
begin preparation of its upcoming annual report and recommendations to 
the Secretary.
    Those wishing to attend the meeting should contact Mr. Pete 
Dougherty, Department of Veterans Affairs, at (202) 273-5764. No time 
will be allocated for receiving oral presentations from the public. 
However, the Committee will accept written comments from interested 
parties on issues affecting homeless veterans. Such comments should be 
referred to the Committee at the following address: Advisory Committee 
on Homeless Veterans, Homeless Veterans Programs Office (075D), U.S. 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420.

    Dated: November 17, 2006.

    By direction of the Secretary.
E. Philip Riggin,
Committee Management Officer.
[FR Doc. 06-9378 Filed 11-22-06; 8:45 am]
BILLING CODE 8320-01-M
#### § 1326.83 Use of gender and number.

As used in this subpart, words importing the singular number may extend and be applied to several persons or things, and vice versa. Words importing either gender may be applied to the other gender or to organizations.
AMENDMENT NO. 1

                                       TO

                               SONICSAVE.COM CORP.

                                 2000 STOCK PLAN

            Section 3 of the SonicSave.com Corp. (the "Corporation") 2000 Stock
Plan (the "Plan") is hereby amended as follows:

            "3. Stock Subject to the Plan. Subject to the provisions of Section
12 of the Plan, the maximum aggregate number of Shares which may be subject to
option and sold under the Plan is 5,000,000 shares, provided the total amount of
Shares reserved for issuance upon exercise of Options that may be granted under
the Plan shall not exceed 15% of the common shares to be outstanding upon the
conclusion of a public offering. The Shares may be authorized but unissued, or
reacquired Common Stock."

            As amended, the Plan remains in full force and effect.

Effective as of December 21, 2000
§ 1608.6 Prohibitions applicable to attorneys and to staff attorneys. While engaged in legal assistance activities supported under the act, no attorney shall engage in ( a ) Any political activity,
( b ) Any activity to provide voters with transportation to the polls, or to provide similar assistance in connection with an election, or
( c ) Any voter registration activity.
Exhibit 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

In connection with the Annual Report of
GateHouse Media, Inc. (the Company) on Form 10-K for the fiscal year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned 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 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/    MELINDA A.
JANIKMelinda A. Janik Senior Vice President and Chief Financial Officer (Principal Financial
Officer) March 1, 2011
§ 156.140 Levels of coverage. ( a ) *General requirement for levels of coverage.* AV, calculated as described in § 156.135 of this subpart, and within a de minimis variation as defined in paragraph (c) of this section, determines whether a health plan offers a bronze, silver, gold, or platinum level of coverage.
( b ) *The levels of coverage* are: ( 1 ) *A bronze health plan* is a health plan that has an AV of 60 percent.
( 2 ) *A silver health plan* is a health plan that has an AV of 70 percent.
( 3 ) *A gold health plan* is a health plan that has an AV of 80 percent.
( 4 ) *A platinum health plan* is a health plan that has as an AV of 90 percent.
( c ) *De minimis variation.* ( 1 ) For plan years beginning on or after January 1, 2018 through December 31, 2022, the allowable variation in the AV of a health plan that does not result in a material difference in the true dollar value of the health plan is −4 percentage points and +2 percentage points, except if a health plan under paragraph (b)(1) of this section (a bronze health plan) either covers and pays for at least one major service, other than preventive services, before the deductible or meets the requirements to be a high deductible health plan within the meaning of section 223(c)(2) of the Internal Revenue Code, in which case the allowable variation in AV for such plan is −4 percentage points and +5 percentage points.
( 2 ) For plan years beginning on or after January 1, 2023, the allowable variation in the AV of a health plan that does not result in a material difference in the true dollar value of the health plan is −2 percentage points and +2 percentage points, except if a health plan under paragraph (b)(1) of this section (a bronze health plan) either covers and pays for at least one major service, other than preventive services, before the deductible or meets the requirements to be a high deductible health plan within the meaning of section 223(c)(2) of the Internal Revenue Code, in which case the allowable variation in AV for such plan is −2 percentage points and +5 percentage points.
[78 FR 12866, Feb. 25, 2013, as amended at 81 FR 94180, Dec. 22, 2016; 82 FR 18382, Apr. 18, 2017; 87 FR 27390, May 6, 2022]
**Exhibit 31.1****Certification Pursuant to Rule 13a-14(a)/15d-14(a)****(Chief Executive Officer)****CERTIFICATION BY CHIEF EXECUTIVE OFFICER**I, J.S.B. Jenkins, certify that: 1. I have reviewed this annual report on Form 10-K of Tandy Brands Accessories, 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 ofthe circumstances under which such statements were made, not misleading with respect to theperiod covered 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 periodspresented 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)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(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming 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:  September 23, 2005 /s/ J.S.B. Jenkins   J.S.B. Jenkins   Chief Executive Officer
§ 156.806 Notice of non-compliance. If HHS learns of a potential violation described in § 156.805 or if a State informs HHS of a potential violation, prior to imposing any CMPs, HHS must provide a written notice to the issuer, to include the following: ( a ) Describe the potential violation.
( b ) Provide 30 days from the date of the notice for the QHP issuer to respond and to provide additional information to refute an alleged violation.
( c ) State that a civil money penalty may be assessed if the allegations are not, as determined by HHS, refuted.
[79 FR 30351, May 27, 2014]