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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GREGORY C. BONTEMPS,

Plaintiff

- Appellant,

v. NEVES; et al.,

Defendants

- Appellees. No. 15

- 17176

D.C. No. 2:12

- cv
- 02185

- TLN

- AC

MEMORANDUM *

Appeal from the United States District Court for the Eastern District of California Troy L. Nunley, District Judge, Presiding Submitted February 14, 2017 **

Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Gregory C. Bontemps, a California state prisoner, appeals pro se from the
district court’s summary judgment for failure to exhaust administrative remedies in
his 42 U.S.C. § 1983 action alleging excessive force and retaliation. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo

. Williams v. Paramo ,

* 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

FEB 23 2017

M OLLY C. DWYER, CLERK U.S. COURT OF APPEAL S2 15

- 17176

775 F.3d 1182, 1191 (9th Cir. 2015). We affirm.
The district court properly granted summary judgment because Bontemps

failed to raise a genuine dispute of material fact as to whether he exhaust ed his

administrative remedies as required under the Prison Litigation Reform Act
(“PLRA”), or whether administrative remedies were effectively unavailable. See

Ross v. Blake , 136 S. Ct. 1850, 1858

- 60 (2016) (exhaustion not required when

administrative remed y is unavailable); Woodford v. Ngo , 548 U.S. 81, 90 (2006)
(“[P]roper exhaustion of administrative remedies . . . means using all steps that the
agency holds out, and doing so properly (so that the agency addresses the issues on
the merits).” (citation and internal quotation marks omitted))

. Bontemps’ s request for appointment of counsel , attached to the opening

brief , is denied.

AFFIRMED.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 119 Introduced in House (IH)]

106th CONGRESS
  2d Session
H. J. RES. 119

Making further continuing appropriations for the fiscal year 2001, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 24, 2000

 Mr. Young of Florida introduced the following joint resolution; which 
            was referred to the Committee on Appropriations

_______________________________________________________________________

                            JOINT RESOLUTION

 
Making further continuing appropriations for the fiscal year 2001, and 
                          for other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Public Law 106-275, is 
further amended by strik-
ing the date specified in section 106(c) and inserting
``October 30, 2000''.
                                 <all>
```
<PAGE>
                                                                    EXHIBIT 99.1


                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 ebank.com, Inc. (the
"Company") on Form 10-QSB for the period ending September 30, 2002, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, James L. Box, Chief Executive 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 result of
                  operations of the Company.



                                    /s/ James L. Box
                                    -----------------------
                                    James L. Box
                                    Chief Executive Officer
                                    November 14, 2002
Certification Pursuant to
Section 302 of the Sarbanes-Oxley Act of 2002
CERTIFICATIONS

I, Casey Forward, certify that:

1.

I have reviewed this annual report on Form 20-F, of Stream Communications Network & Media Inc.

2.

Based on my knowledge, this 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 report;

3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;

4.

The company's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the company and have:

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

(b) Evaluated the effectiveness of the company's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

(c) Disclosed in this report any change in the company's internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company's internal control over financial reporting; and

5.

The company's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company's auditors and the audit committee of the company's board of directors (or persons performing the equivalent functions):

(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company's ability to record, process, summarize and report financial information; and

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the company's internal control over financial reporting.



Date: June 24, 2005



Casey Forward



Chief Financial Officer
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 36 Introduced in House (IH)]

106th CONGRESS
  1st Session
H. J. RES. 36

  Proposing an amendment to the Constitution of the United States to 
  restrict annual deficits by limiting the public debt of the United 
   States and requiring a favorable vote of the people on any law to 
                          exceed such limits.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 1999

   Mr. Pickett introduced the following joint resolution; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
  Proposing an amendment to the Constitution of the United States to 
  restrict annual deficits by limiting the public debt of the United 
   States and requiring a favorable vote of the people on any law to 
                          exceed such limits.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled
(two-thirds of each House concurring therein), That the following 
article is proposed as an amendment to the Constitution of the United 
States, which shall be valid to all intents and purposes as part of the 
Constitution when ratified by the legislatures of three-fourths of the 
several States within seven years after the date of its submission for 
ratification:

                              ``Article--

    ``Section 1. The public debt of the United States shall not in any 
fiscal year increase by more than one percent of the amount of the 
public debt outstanding at the beginning of such year unless authorized 
by a law approved by a majority of the Members elected to each the 
Senate and House of Representatives, which law shall not take effect 
until it shall have been submitted to the people at an election and a 
majority of those voting on the question shall have approved such law.
    ``Section 2. Section 1 shall not apply to public debt contracted--
            ``(1) to repel invasion of the United States;
            ``(2) to defend the United States in time of war;
            ``(3) to support the Armed Forces of the United States in 
        time of war; or
            ``(4) to redeem a previous debt obligation of the United 
        States.
    ``Section 3. This article shall take effect beginning with the 
second fiscal year beginning after its ratification.''.
                                 <all>
```
Galaxy UAV Systems

May 8, 2015 6215 Kirby lane, Frisco, TX 75035

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Subject : Amendment to Section 333 Petition, Docket No. FAA-2015-0161

 

Dear Sir or Madam,

Regarding our Section 333 exemption request (Docket No.FAA-2015_0161), Galaxy UAV 

Systems (Galaxy) hereby request to amend our existing petition.

Galaxy would like to include DJI Inspire 1 unmanned aircraft to our proposed operations.

DJI Inspire 1 is a quadcopter with enhanced safety features and more stable flight 

characteristics, compared to the DJI Phantom 2 series, which previously received Section 333 

grants issued to various commercial entities. 

Galaxy believes that including the DJI Inspire 1 to our proposed operations does not change 

the conditions and reasons relative to public interest and safety, which we stated in our 

original petition.

We are submitting Inspire 1 manuals and supporting documents along with this request.

Such documents include aircraft description, performance, and maintenance information.

We will also utilize applicable sections from our supporting documents previously 

submitted separately by email.

If you have any questions, please contact at your earliest convenience.

Sincerely yours,

Bryan Archer 

President

Galaxy UAV Systems

6215 Kirby Lane, Frisco, Texas 75035

Tel: 469-766-0420

Email: bryan.archer@galaxyuav.com
Exhibit 33.4

Securities Servicing

The Bank of New York

Trust Company, N.A.

10161 Centurion Parkway

2nd
Floor

Jacksonville, FL 32256

LOGO

March 27, 2008

Goal
Financial, LLC

1229 King Street

Alexandria, VA 22314

The Bank of New York Trust Company, N.A. has delivered a Management Report on Assertion of Compliance with Applicable Servicing Criteria dated as of
February 29, 2008 (Management Report) for Goal Capital Funding Trust 2007-1 (the Transaction). The Bank of New York Trust Company, N.A. reported material noncompliance with Item 1122 (d) (2) (i) of
Regulation AB in the Management Report, however, the servicing criteria set forth in Section 1122 (d) (2) (i) of Regulation AB was not a servicing criteria which The Bank of New York Trust Company, N.A. was required to perform
for the Transaction; therefore, such noncompliance by The Bank of New York Trust Company, N.A. with respect to such servicing criteria does not pertain to the Transaction.

Sincerely,

THE BANK OF NEW YORK

TRUST COMPANY, N.A., as Trustee



|                             
|-----------------------------
|                             
|/s/ Brett Conners            
|Brett Conners Trust Associate
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

          - [Disaster Declaration #18100 and #18101; ALASKA Disaster Number AK-00059]

# AGENCY:

Small Business Administration.

# ACTION:

Amendment 2.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for the State of Alaska (FEMA-4730-DR), dated 08/23/2023.

*Incident:*                         Flooding.                    

*Incident Period:*                         05/12/2023 through 06/03/2023.                    

# DATES:

Issued on 10/30/2023.

*Physical Loan Application Deadline Date:*                         12/22/2023.                    

*Economic Injury (EIDL) Loan Application Deadline Date:*                         05/23/2024.                    

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT: 

Alan Escobar, Office of Disaster Recovery & Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for the State of Alaska, dated 08/23/2023, is hereby amended to include the following areas as adversely affected by the disaster: 

*Primary Areas (Physical Damage and Economic Injury Loans):*                     Kusilvak Census Area, Yupiit REAA.                

*Contiguous Areas (Economic Injury Loans Only):*                     All contiguous areas have previously been declared.                

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

Francisco Sánchez, Jr.,

Associate Administrator, Office of Disaster Recovery & Resilience.

[FR Doc. 2023-24351 Filed 11-2-23; 8:45 am]

BILLING CODE 8026-09-P
**Exhibit 32.1**

**CERTIFICATIONPURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe quarterly report on Form 10-Q of Nutraceutical InternationalCorporation (the “Company”) for the period ended March 31, 2006 as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),I, Frank W. Gay II, Chairman of the Board and Chief Executive Officer of theCompany, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of myknowledge:

(1)         the Report fully complieswith the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

(2)         theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

| /s/ FRANK  W. GAY II        |   |
|-----------------------------|--------|
| Frank W. Gay II             |   |
| Chairman of the Board       |   |
| and Chief Executive Officer |   |

 

Date: April 27, 2006

**CERTIFICATIONPURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe quarterly report on Form 10-Q of Nutraceutical InternationalCorporation (the “Company”) for the period ended March 31, 2006 as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),I, Leslie M. Brown, Jr., Senior Vice President, Finance, Chief FinancialOfficer and Assistant Secretary 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, to the best of my knowledge:

(1)         the Report fully complieswith the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

(2)         theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

| /s/ LESLIE  M. BROWN, JR.                  |   |
|-------------------------------------------------|--------|
| Leslie M. Brown, Jr.                       |   |
| Senior Vice President, Finance,                 |   |
| Chief Financial Officer and Assistant Secretary |   |

 

Date:  April 27,2006

Signed originals of these written statements requiredby Section 906 have been provided to the Company and will be retained bythe Company and furnished to the Securities and Exchange Commission or itsstaff upon request.

----
**Michigan Supreme Court** 

**Lansing, Michigan**

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

August 5, 2014 

# Order

A ugust 5 , 2014

148748 ( 4 7 )

AFT MICHIGAN, AFT, AFL

- CIO, et al

, Plaintiff s

- Appell ants

,

v

STATE OF MICHIGAN

, Defendant

- Appell ee

. SC: 148748

COA: 313960

Ct of Claims: 12

- 000104

- MM

________________________________________/

On order of the Chief Justice, the motion of plaintiffs

- appellants to extend the time

for filing their brief and appendix to July 25, 2014, is GRANTED. The corrected brief

and appendix submitted on July 24, 2014, are accepted as timely filed

.
No. 58851.

protest 229437-K (New York).

#### Air Clearance Ass’n, Inc. *v.*United States,

Opinion by

Ekwall, J.

An examination of the record failing to disclose anything that would warrant disturbing the finding of the collector, which was presumptively correct, the protest was overruled.
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Exhibit 10.59    
    


[AspenTechnology Letterhead/Logo]  


August 18,
2003 


David
L. McQuillin

President and Chief Executive Officer 


Dear
David: 


This
letter amendment references the letter agreement between you and AspenTech dated June 24, 2003 (the "Agreement") regarding your FY04 Executive Compensation Plan. Under the terms of the
Agreement, AspenTech agreed that it would grant you an option to purchase the number of shares of AspenTech common stock specified in the Agreement, contingent upon stockholder approval of the Advent
transaction (the "Option"). As you know, the Advent transaction was approved by AspenTech stockholders and closed on August 14, 2003. 


AspenTech
acknowledges that you have voluntarily agreed to reduce the number of shares subject to the Option to which you were entitled in order to make more options available for the general employee
option pool. You hereby confirm, by execution of this letter amendment, that the option granted to you on August 18, 2003 for 1,516,609 shares of AspenTech common stock constitutes full
satisfaction of AspenTech's obligations under the Agreement to grant the Option and that the terms of the Agreement do not entitle you to any additional stock option grants. All other terms of the
Agreement, including those contingent upon the closing of the Advent transaction, remain in full force and effect. 



	Best regards,	 	 	 	 
	

/s/ HELEN MOYE	
 	

/s/  DAVID L. MCQUILLIN      	
 	

Sept. 26, 2003
	
	 	
	 	

	Helen Moye	 	David L. McQuillin	 	Date
	Sr. VP Human Resources

Aspen Technology, Inc.	 	President and Chief Executive Officer	 	 











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Exhibit 10.59
EXHIBIT 32.1



WRITTEN STATEMENT OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



The undersigned, the Chief Executive Officer and the Chief Financial Officer of Global Imaging Systems, Inc. (the
Company), each hereby certifies that, to his knowledge on the date hereof:



| | (a) | the Quarterly Report on Form 10-Q of the Company for the quarterly period ended December 31, 2003 filed on the date hereof with the Securities and Exchange Commission (the
Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (b) | information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |  |                    |                                                  
|--------------------- |  |  | ------------------ | -------------------------------------------------
|                      |  | 
|February 10, 2004Date |  |  |                    | /s/ Thomas S. Johnson                            
|                      |  |  |                   
|                      |  |  | Thomas S. Johnson,
|                      |  |  |                    | Chairman and Chief Executive Officer             
|                      |  | 
|February 10, 2004Date |  |  |                    | /s/ Raymond Schilling                            
|                      |  |  |                   
|                      |  |  | Raymond Schilling 
|                      |  |  |                    | Chief Financial Officer, Secretary, and Treasurer



The foregoing certification is being
furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document. This certification shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act
of 1934 (Exchange Act) or otherwise subject to liability under that section. This certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the Exchange Act except to the extent
this Exhibit 32.1 is expressly and specifically incorporated by reference in any such filing.



A signed original of this statement required by Section 906 has been provided to Global Imaging Systems, Inc. and will be retained by Global Imaging Systems, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.