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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TERRY LAMELL EZELL, 

Plaintiff-Appellee, 

 v. 

JOSE ESQUETINI, in his capacity as a 

federal employee acting within the scope of 

his duties, and as an individual; MARTIN 

HERNANDEZ, in his capacity as a federal 

employee acting within the scope of his 

duties, and as an individual, 

Defendants-Appellees.

No. 17-56038 

D.C. No. 2:14-cv-04791-FMODFM 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Fernando M. Olguin, District Judge, Presiding

Submitted February 19, 2019**

Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.

Federal prisoner Terry Lamell Ezell appeals pro se from the district court’s 

summary judgment for defendants in his action under Bivens v. Six Unknown

 

* 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 21 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 17-56038 

Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), alleging 

deliberate indifference to his serious medical needs. We have jurisdiction under 28 

U.S.C. § 1291. We review de novo the district court’s decision on cross-motions 

for summary judgment. Guatay Christian Fellowship v. County of San Diego, 670 

F.3d 957, 970 (9th Cir. 2011). We affirm.

The district court properly granted summary judgment for defendants 

because Ezell failed to raise a genuine dispute of material fact as to whether 

defendants were deliberately indifferent in the treatment of his narcolepsy. See 

Toguchi v. Chung, 391 F.3d 1051, 1057-60 (9th Cir. 2004) (a prison official is 

deliberately indifferent only if he or she knows of and disregards an excessive risk 

to inmate health; medical malpractice, negligence, or a difference of opinion 

concerning the course of treatment does not amount to deliberate indifference). 

We do not consider documents and facts not presented to the district court. 

See United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990). 

We treat Ezell’s “amended appeal” (Docket Entry No. 10) as a request to 

supplement the opening brief, and grant the request. The Clerk shall file Docket 

Entry No. 10.

AFFIRMED.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03

- 22

- 00699

- CV

Philip Emiabata and Sylvia Emiabata , Appellant s

v.

Shirley Borgmann , Appellee

FROM THE 126TH DISTRICT COURT OF TRAVIS COUNTY NO. D

- 1

- GN

- 22

- 005152 , THE HONORABLE CLEVE WESTON DO T Y , JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant s ’ brief was originally due on March 13, 2023

. On April 10, 2023

, this

C ourt sent a notice to appellant s informing them that their brief was overdue and that a f ai lure

to file a satisfactory response by April 20, 2023

, would ` result in the dismissal of this appeal for

want of p rosecution. To date, appellant s have not filed a brief or a motion for extension of time.

Accordingly, we dismiss this appeal for want of p r osecution. See Tex. R. App. P. 42.3(b).

__________________________________________ J. Woo dfin Jones

, Justice

Before Justice s Baker, Smith, and Jones *

Dismissed for Want of Prosecution

Filed: May 4, 2023

* Before J. Woodfin Jones, Chief Ju s ti ce ( Retired), Third Court of Appeals, sitting by assignment. See Tex. Gov’t Code § 74.003(b).
#### Weikel, Appellant, *v.*Bailey.

Argued October 7, 1968.

Before Bell, C. J., Musmanno, Jones, Cohen, Eagen, O’Brien and Roberts, JJ.

*624
      *Andrew M. Pipa, Jr.,*with him *Pipa d Younkm,*for appellant.

*John A. Carpenter,*with him *Carpenter, Carpenter d Diehl,*for appellee.

November 12, 1968:

Opinion

Pee Cueiam,

Judgment affirmed.

Mr. Justice Musmanno did not participate in the decision of this case.
**Exhibit 31.1****Certification**     I, Paul A. Lang, certify that:     1. I have reviewed this quarterly report on Form 10-Q of Arch Western Resources, LLC;     2. Based on my knowledge, this report does not contain any untrue statement of a material factor 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 information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in 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) 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 that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  (b) [Reserved.]  (c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased 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 fiscal quarter(the registrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and     5. The registrant’s other certifying officer 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 or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  (b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.                                                         /s/ Paul A. Lang   Paul A. Lang   President   Date: August 11, 2006
No. 38887.

#### Protests 400790-G, etc., of A. Sulka & Co. (New York).

*319Opinion by

Tilson, J.

The record showed that certain items consist of articles in chief value of cellulose filaments similar to those involved in Abstract 37230. The claim at 60 percent under paragraph 31 was therefore sustained.
65.3%

53.4%

16.8%

3.1%

13.7%

10.3%

10.8%

34.3%

10.3%

5.2%

9.9%

2.8%

5.1%

1.2%

.3%

.1%

.2%

.3%

USED PERSONAL OR FAMILY SAVINGS

USED BUSINESS LOAN FROM A BANK

OR INSTITUTION

USED BUSINESS LOAN

OR INVESTMENT FROM FAMILY OR FRIENDS

USED A PERSONAL

OR BUSINESS CREDIT CARD

USED PERSONAL OR FAMILY ASSETS

USED PERSONAL OR FAMILY HOME

EQUITY LOANS

DID NOT NEED ANY CAPITAL

USED GRANTS

USED INVESTMENT BY VENTURE

CAPITALIST(S)

EMPLOYER FIRMS

WOMEN-OWNED BUSINESS WITH

FULL-TIME PAID EMPLOYEES

NON-EMPLOYER FIRMS

WOMEN-OWNED BUSINESS WITHOUT

ANY FULL-TIME PAID EMPLOYEES

SOURCE OF CAPITAL USED TO START OR ACQUIRE BUSINESS

OF WOMEN-OWNED 

BUSINESSES1

 USED PERSONAL 

OR FAMILY SAVINGS

COMPARED TO 

55.5%

OF ALL BUSINESS

60.3%

WOMEN-OWNED BUSINESS

OTHER FIRMS

10.9% OF WOMEN-OWNED 

BUSINESSES USED A PERSONAL 

OR BUSINESS CREDIT CARD

 COMPARED TO 10.4%

 OF ALL BUSINESSES

USED PERSONAL 

OR FAMILY ASSETS 

OTHER THAN SAVINGS

6% 

USED PERSONAL 

OR FAMILY EQUITY 

LOAN

4% 

USED BUSINESS LOAN

FROM THE FEDERAL, STATE,

OR LOCAL GOVERNMENT

.4% 

USED GOVERNMENT 

GUARANTEED BUSINESS 

LOAN FROM A BANK

.5% 

7.7% 5.6% .7% .7% 

The National Women’s Business Council is a non-partisan federal government council created to serve as an independent source of advice and counsel to the President, 

Congress, and the U.S. Small Business Administration on economic issues of importance to women business owners. Members of the Council are prominent women 

business owners and leaders of women’s business organizations.

SOURCE: All data comes from the US Census’ 2007 Survey of Business Owners.

1

 Nonfarm businesses only. Women-owned defined as a woman or women owning 51% or more of the company. 2 Based on the 50 most populous counties and cities.
No. 38876.

#### Protests 764968-G, etc., of Europa Sales Corp. et al. (New York).

Opinion by

Evans, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
Exhibit 31.1
CERTIFICATION
I, Douglas J. Donatelli, certify that:
1. I have reviewed this quarterly report on Form 10-Q of First PotomacRealty Trust;
2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this report;
3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;
4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange 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 its supervision,to ensure that material information relating to the registrant, includingits consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is beingprepared;
(b) evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report its conclusions aboutthe effectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and
(c) disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control overfinancial reporting; and
5. The registrant’s other certifying officer and I have disclosed, basedon our most recent evaluation of internal control over financial reporting, tothe registrant’s auditors and the audit committee of registrant’s board oftrustees (or persons performing the equivalent function):
(a) all significant deficiencies and material weaknesses in thedesign or operation of internal controls over financial reporting whichare reasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and
(b) any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internalcontrols over financial reporting.   Date: August 9, 2004 /s/ Douglas J. Donatelli
# C_2008180EN.01000101.xml

| 17.7.2008 | EN | Official Journal of the European Union | C 180/1 |
| --- | --- | --- | --- |

17.7.2008

EN

Official Journal of the European Union

C 180/1

---

OPINION OF THE EUROPEAN CENTRAL BANK

OPINION OF THE EUROPEAN CENTRAL BANK

of 3 July 2008

at the request of the Council of the European Union on a proposal for a Council regulation amending Regulation (EC) No 974/98 as regards the introduction of the euro in Slovakia and on a proposal for a Council regulation amending Regulation (EC) No 2866/98 as regards the conversion rate to the euro for Slovakia

(CON/2008/28)

(2008/C 180/01)

Introduction and legal basis

On 20 May 2008, the European Central Bank (ECB) received a request from the Council of the European Union for an opinion on a proposal for a Council regulation amending Regulation (EC) No 974/98 as regards the introduction of the euro in Slovakia (1). On 30 June 2008, the ECB received a request from the Council of the European Union for an opinion on a proposal for a Council regulation amending Regulation (EC) No 2866/98 as regards the conversion rate to the euro for Slovakia (2).

1

2

The ECB's competence to deliver an opinion is based on Article 123(5) of the Treaty establishing the European Community. In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion.

Observations

| 1. | The proposed regulations will enable the introduction of the euro as the currency of Slovakia following the abrogation of Slovakia's derogation in accordance with the procedure set out in Article 122(2) of the Treaty. |
| --- | --- |

1.

The proposed regulations will enable the introduction of the euro as the currency of Slovakia following the abrogation of Slovakia's derogation in accordance with the procedure set out in Article 122(2) of the Treaty.

| 2. | The ECB welcomes the proposed regulations. |
| --- | --- |

2.

The ECB welcomes the proposed regulations.

Done at Frankfurt am Main, 3 July 2008.

The President of the ECB

Jean-Claude TRICHET

---

(1)  COM(2008) 250 final.

1

(2)  SEC(2008) 2107 final.

2

---
**Exhibit 31.1**
**CERTIFICATIONS**
I, Curtis J. Clawson, certify that:
1. I have reviewed this quarterly report on Form 10-Q of HLI Operating Company, Inc.; 2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer(s) and I are responsiblefor establishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:
a. Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designedunder our supervision, to ensure that material informationrelating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities,particularly during the period in which this report is beingprepared; b. Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this reportbased on such evaluation; and c. Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect,the registrant’s internal control over financial reporting; and
5. The registrant’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):
a. All significant deficiencies and material weaknesses inthe design or operation of internal control over financialreporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and reportfinancial information; and b. Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theregistrant’s internal control over financial reporting.
Date: June 15, 2004                                      /s/ Curtis J. Clawson   Curtis J. Clawson   Chairman of the Board, President and Chief Executive Officer  
38
Order filed January 14, 2014.

In The

Fourteenth Court of Appeals

____________

NO. 14-13-01070-CV

NO. 14-13-01071-CV

NO. 14-13-01072-CV

____________

IN THE INTEREST OF A.F.R., B.R.L., S.M.L. AND E.J.R., Chiildren

On Appeal from the 247th District Court

Harris County, Texas

Trial Court Cause Nos. 2012-01622J, 2012-04677J & 2012-16306

ORDER

This is an accelerated appeal from a judgment in a suit in which the 

termination of the parent-child relationship is at issue (“parental termination

case”). Appellant’s brief was due January 9, 2014. No brief has been filed. 

Unless appellant files a brief with the clerk of this court within 10 days of 

the date of this order, the court will dismiss the appeal for want of prosecution. See

Tex. R. App. P. 42.3(b). 

PER CURIAM
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4886 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4886

   To amend the American Indian, Alaska Native, and Native Hawaiian 
   Culture and Art Development Act to modify the program for Native 
Hawaiian and Alaska Native culture and arts development, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2024

Mr. Schatz (for himself, Ms. Hirono, and Ms. Murkowski) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

_______________________________________________________________________

                                 A BILL

 
   To amend the American Indian, Alaska Native, and Native Hawaiian 
   Culture and Art Development Act to modify the program for Native 
Hawaiian and Alaska Native culture and arts development, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native Arts and Culture Promotion 
Act''.

SEC. 2. AMENDMENTS TO AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE 
              HAWAIIAN CULTURE AND ART DEVELOPMENT ACT.

    Section 1521 of the American Indian, Alaska Native, and Native 
Hawaiian Culture and Art Development Act (20 U.S.C. 4441) is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``private,''; and
            (2) in subsection (c)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(2) For any grants made with respect to Native Hawaiian 
        art and culture, the members of the governing board which is 
        required to be established under paragraph (1) shall--
                    ``(A) include Native Hawaiians and individuals 
                widely recognized in the field of Native Hawaiian art 
                and culture; and
                    ``(B) serve for a fixed term.''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (A), by striking the 
                        comma at the end and inserting ``; and'';
                            (ii) by striking subparagraph (B); and
                            (iii) by redesignating subparagraph (C) as 
                        subparagraph (B).
                                 <all>
```
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

					NOS. 2-05-292-CR

						2-05-293-CR

						2-05-294-CR

						2-05-295-CR	

GLENDA ALLISON HALL	              					APPELLANT

	V.

THE STATE OF TEXAS	STATE

	----------

	FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY

	----------

	MEMORANDUM OPINION1 AND JUDGMENT

	----------

	We have considered “Appellant’s Motion To Withdraw Appeal.”  The motion complies with rule 42.2(a) of the rules of appellate procedure. Tex. R. App. P. 42.2(a).  No decision of this court having been delivered before we received this motion, we grant the motion and dismiss the appeal. See Tex. R. App. P. 42.2(a), 43.2(f). 								 												

										PER CURIAM

PANEL D:	DAUPHINOT, HOLMAN, and GARDNER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: February 2, 2006
**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 Kronos Worldwide, Inc. (the Company)
      on
      Form 10-Q for the quarter ended March 31, 2007 as filed with the Securities
      and
      Exchange Commission on the date hereof (the Report), I, Harold C. Simmons,
      Chief
      Executive Officer of the Company, and I, Gregory M. Swalwell, Chief Financial
      Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted
      pursuant to § 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/
      Harold C. Simmons


Harold
      C.
      Simmons


Chief
      Executive Officer








/s/
      Gregory M. Swalwell


Gregory
      M. Swalwell


Chief
      Financial Officer








May 3,
      2007








Note:
      The
      certification the registrant furnishes in this exhibit is not deemed “filed” for
      purposes of Section 18 of the Securities Exchange Act of 1934, as amended,
      or
      otherwise subject to the liabilities of that Section. Registration Statements
      or
      other documents filed with the Securities and Exchange Commission shall not
      incorporate this exhibit by reference, except as otherwise expressly stated
      in
      such filing.