alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Michael John LINSCHOTEN, Petitioner-Appellant, v. THE NEVADA DEPT. OF PRISONS, et al., Respondents-Appellees.

No. 00-15835.

D.C. No. CV-00-00027-ECR.

United States Court of Appeals, Ninth Circuit.

*260Submitted Aug. 12, 2002 *.

Decided Aug. 16, 2002.

Before SCHROEDER, Chief Judge, TASHIMA and RAWLINSON, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Michael John Linschoten, a Nevada state prisoner serving a sentence for attempted robbery, appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition for failure to exhaust state remedies. We have jurisdiction pursuant to 28 U.S.C. § 2253, we review de novo, *see Coe v. Thurman,*922 F.2d 528, 530 (9th Cir. 1990), and we affirm.

Linschoten contends the district court erred by dismissing his § 2254 petition for failure to exhaust his state remedies, because the failure to do so is excused by the Nevada Supreme Court’s ongoing delay in addressing his appeal from the denial of his petition for post-conviction relief.1 We reject this contention, however, because any delay in the proceedings in the Nevada Supreme Court is neither excessive nor prejudicial to the point of rising to the level of a due process violation. *See Coe,*922 F.2d at 530-31 (explaining that excessive delay in obtaining appeal may eonsti-tute due process violation relieving prisoner of exhaustion requirement); *see also United States v. Mohawk,*20 F.3d 1480, 1485 (9th Cir.1994).

AFFIRMED.2

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

1

. It is unclear from the record whether petitioner actually filed an appeal in the Nevada Supreme Court.

2

. Respondents’ motion to strike the exhibits filed in support of Petitioner’s opening brief is denied.
<PAGE>



                                                                    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 on Form 10-Q of
Datascope Corp. (the "Company") for the Quarter ended March 31, 2005, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
the undersigned hereby certify, pursuant to 18 U.S.C. ss. 1350, as adopted
pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

    o    the Report fully complies with the requirements of Section 13(a) or
         15(d) of the Securities Exchange Act of 1934, and

    o    the information contained in the Report fairly presents, in all
         material respects, the financial condition and results of operations of
         the Company.


May 10, 2005


                              /s/ Lawrence Saper
                              -------------------
                              Lawrence Saper
                              Chairman of the Board and Chief Executive Officer




                              /s/ Murray Pitkowsky
                              --------------------
                              Murray Pitkowsky
                              Senior Vice President, Chief Financial
                              Officer and Treasurer
<PAGE>   1


                                                                    EXHIBIT 10.8



TO:  Bob Cramer

FROM:  Bob DiProva

DATE:  January 20, 1997

SUBJECT:  Changes


This will serve to document our recent discussions concerning the Company, the
current financial condition, and the need to continue to minimize costs.

The following has been agreed to:

-      My employment with the Company will be terminated for other than good
       cause reasons (personnel reduction), effective February 15, 1997;

-      I will agree to a lump sum payment of $60,000 payable on or before
       January 31, 1997 in lieu of one (1) year's base salary as provided for in
       the Severance Agreement, dated September 1, 1995, between myself and the
       Company.  In addition I will continue to receive regular compensation
       through February 15th;

-      I will be granted 5,000 stock options at $2.25 per share as previously
       approved at the December 19th board meeting.  These are to be fully
       vested and immediately exerciseable with a ten (10) year term; if,
       however it is decided that the accelerated vesting provision is not
       achievable at this time then I am willing to forfeit these options in
       return for the granting of 5000 new options as a consultant with
       immediate vesting to be approved at the next board meeting;

-      It is understood that the Company will issue a press release announcing
       the change as well as other changes at the time of the 3rd quarter
       financial results release.  It is anticipated the release will be issued
       during the week of January 27th;

-      It is understood that starting in early February I will be granted time
       to begin my search for a new position on a limited basis.

I believe this covers the major points of agreement.  Please indicate your
acceptance of these terms by signing in the designated space below.



/s/ Robert A. DiProva                            /s/ Robert S. Cramer
---------------------------------                -------------------------------
Robert A. DiProva                                Robert S. Cramer
# United States Court of Appeals **For the Eighth Circuit**

___________________________ No. 21-3158

___________________________ Justin R. Eoff llllllllllllllllllll Plaintiff - Appellant
v. Keith Mallett, CO, Cummins Unit, ADC lllllllllllllllllllll Defendant - Appellee Patrick Pierre, Sergeant, Cummins Unit, ADC (originally named as Pierre) lllll Defendant

____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff

____________ Submitted: November 28, 2022 Filed: December 2, 2022 [Unpublished]

____________ Before COLLOTON, GRUENDER, and GRASZ, Circuit Judges.

____________ PER CURIAM.Arkansas inmate Justin Eoff appeals th e judgment entered by the district court 1 following a favorable jury verdict in hi s 42 U.S.C. § 1983 action asserting claims of excessive force. On appeal, he cha llenges the amount of nominal and punitive damages awarded him by the jury. After caref ul review of the record and the parties’ arguments on appeal, we conclude that Eoff waived his challenge to the jury verdict by failing to request a new trial. See Kozlov v. Associated Wholesale Grocers, Inc. , 818 F.3d 380, 391 (8th Cir. 2016) (concluding an inadequate jury award challenge is waived by failing to request a new trial). We also concl ude that Eoff has not shown that the damages awarded resulted in a plain injustice or shocking result. See id. ; Westcott v. Crinklaw , 133 F.3d 658, 662 (8th Cir. 1998) (holding that, absent exceptional circumstances like “plain injustice” or a “monstrous” or “shocking” result, the adequacy of a jury verdict must first be presented to the tria l court in a new trial motion to preserve the issue for appellate review). Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

1 The Honorable Brian S. Miller, United St ates District Judge for the Eastern District of Arkansas. -2-
EXHIBIT 32.1

                        Certification of CEO 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 Crested Corp. (the "Company") on
Form  10-Q  for the period ending June 30, 2004 as filed with the Securities and
Exchange  Commission  on  the  date  hereof (the "Report"), John L. Larsen Chief
Executive  Officer  of  the  Company,  hereby  certifies,  pursuant to 18 U.S.C.
Section  1350,  as  adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002,  to  the  best  of  his  knowledge,  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/ John L. Larsen
                                             -----------------------
                                             John L. Larsen,
                                             Chief Executive Officer
                                             August 13, 2004


This  certification  accompanies  this  Report  pursuant  to  Section 906 of the
Sarbanes-Oxley  Act  of  2002  and  shall not be deemed filed by the Company for
purposes  of  Section  18  of  the  Securities Exchange Act of 1934, as amended.

A  signed  original  of  this written statement required by Section 906 has been
provided to Crested Corp. and will be retained by Crested Corp. and furnished to
the  Securities  and  Exchange  Commission  or  its  staff  upon  request.


<PAGE>
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<BONDS>                                           4187
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<TOTAL-LIABILITY-AND-EQUITY>                   3029278
<SALES>                                         106631
<TOTAL-REVENUES>                               4343417
<CGS>                                            84976
<TOTAL-COSTS>                                    84976
<OTHER-EXPENSES>                               4666875
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                7777
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<EPS-PRIMARY>                                    (.60)
<EPS-DILUTED>                                    (.60)
        

</TABLE>
ARB Home Search Acces s ibility A- Z Index C ontact Us



### F A CI L IT Y S E A RC H E N G I NE

Pl e as e r e a d t h e SEA R C H H I N TS b e f or e u si n g t h e Facili t y S e a r c h E n g i ne

F ill o u t a n y o r a ll o f t h e f i e l d s b e l o w t o s e a r ch



### Dat a base Y ear : Air Basin :

Distric t : County :

Facilit y Na me : City :

Zip Code :

Facility SIC Code :

Facility ID :

Exclude Gas Stations

, Print S h ops

, Autobo d y Sho p s and Dry Clean e rs.

Show C riteria Pollutant data

Show T oxic data

Show F acilities that emit : o r CAS Id

AR B H o m e p a ge

A de p a rt m e n t o f t he C a l i f o r n i a En v i r o n m e n t a l P r o t e c t i o n A g en cy Ai r R e s o u r ce s B o a rd : Facili t y Sea r c h F o rm h tt p ://ww w

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1 of 1 1 1 / 2 3 / 2 0 15 3 : 53 PM
#### Steven CASPER and Judith Casper, Appellants, v. Alan BESHANY, Appellee.

No. 77-1029.

District Court of Appeal of Florida, Fourth District.

Nov. 9, 1977.

*1111A. J. Ryan, Jr., of Ryan & Shahood, Da-nia, for appellants.

John M. Parker, of Penziek & Parker, Miami, for appellee.

PER CURIAM.

In an action formerly cognizable at law the defendants seek review by interlocutory appeal of the trial court’s order denying their motion to dismiss plaintiff’s complaint. We dismiss the appeal because it does not qualify as an interlocutory appeal under Fla.App. Rule 4.2. Neither may we treat the appeal as a petition for writ of certiorari because interlocutory orders in cases previously cognizable at law are reviewable by certiorari only when it clearly appears there is no full, adequate and complete remedy available by appeal after final judgment. *Johnson v. General Motors Corp.,*350 So.2d 1119 (Fla. 4th DCA, opinion filed October 18, 1977).

APPEAL DISMISSED.

ALDERMAN, C. J., and CROSS and LETTS, JJ., concur.
[Federal Register Volume 62, Number 232 (Wednesday, December 3, 1997)]
[Notices]
[Page 63927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31657]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP97-373-005]


Koch Gateway Pipeline Company; Notice of Filing

November 26, 1997.
    Take notice that on November 21, 1997, Koch Gateway Pipeline 
Company (Koch) tendered for filing as part of its FERC Gas Tariff, 
Fifth Revised Volume No. 1, certain revised tariff sheets, to become 
effective December 1, 1997:
    Koch states that the above referenced tariff sheets are being filed 
to move into effect the revised rates, pursuant to the Commission's 
directives in this proceeding.
    Koch also states that it has served copies of the instant filing 
upon each affected customer, interested state commission's and other 
parties.
    Any person desiring to protest this filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, in accordance with Section 385.211 of the 
Commission's rules and regulations. All such protests must be filed as 
provided by Section 154.210 of the Commission's Regulations. Protests 
will be considered by the Commission in determining the appropriate 
action to be taken, but will not serve to make protestants parties to 
the proceeding. Copies of this filing are on file with the Commission 
and are available for public inspection in the Public Reference Room.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 97-31657 Filed 12-2-97; 8:45 am]
BILLING CODE 6717-01-M
United States Court of Appeals

For the First Circuit _____________________ 

No. 15-1307 

UNITED STATES OF AMERICA, 

Appellee, 

v. 

FERNANDO DÍAZ-RODRÍGUEZ, 

Defendant, Appellant. 

__________________

Before 

Torruella, Thompson, and Kayatta, 

Circuit Judges. 

ORDER OF COURT 

Entered: March 17, 2017 

 The court's March 13, 2017 opinion is withdrawn, and an amended opinion is to 

issue this day. 

 By the Court: 

 /s/ Margaret Carter, Clerk 

cc: 

Hon. Francisco A. Besosa 

Frances Rios de Moran, Clerk, United States District Court for the District of Puerto 

Joshua Louis Solomon 

Fernando Diaz-Rodriguez 

Brian Kenneth Kidd 

Timothy R. Henwood 

Myriam Yvette Fernandez-Gonzalez 

Nelson Jose Perez-Sosa 

Tiffany Veronica Monrose
<TABLE> <S> <C>

<ARTICLE>5
<PERIOD-TYPE>			3-MOS		
<FISCAL-YEAR-END>			JUN-30-1998
<PERIOD-END>			SEP-30-1997
<CASH>						1,259			
<SECURITIES>					12,321
<RECEIVABLES>			2,391
<ALLOWANCES>			140	
<INVENTORY>			1,998		
<CURRENT-ASSETS>			21,784
<PP&E>						16,765
<DEPRECIATION>					10,840
<TOTAL-ASSETS>					34,076
<CURRENT-LIABILITIES>				4,352
<BONDS>						0
<PREFERRED-MANDATORY>			0
<PREFERRED>					0
<COMMON>						557
<OTHER-SE>						29,167				
<TOTAL-LIABILITY-AND-EQUITY>		34,076
<SALES>						5,665
<TOTAL-REVENUES>				5,903
<CGS>						0
<TOTAL-COSTS>					4,973			
<OTHER-EXPENSES>				70
<LOSS-PROVISION>				0
<INTEREST-EXPENSE>				0
<INCOME-PRETAX>				860
<INCOME-TAX>					326
<INCOME-CONTINUING>				534
<DISCONTINUED>0
<EXTRAORDINARY>	0
<CHANGES>						0					
<NET-INCOME>					534
<EPS-PRIMARY>					.12
<EPS-DILUTED>					.12


	


</TABLE>
Certification of CEO and CFO Pursuant to Section 906
                       of the Sarbanes-Oxley Act of 2002

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

      In connection with the quarterly report of DataMetrics Corporation (the
"Company") on Form 10-QSB for the period ending April 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Daniel
Bertram, the Chief Executive Officer of the Company, and Rafik Moursalien, the
Controller of the Company, does hereby certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) that:

      (1)   The Report fully complies with the requirements of Section 13(a) or
            15(d) of the Securities and 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.

         DATAMETRICS CORPORATION

         By:   Daniel Bertram
               --------------
               Daniel Bertram, CEO

         Dated: November 17, 2005


         By:   Rafik Moursalien
               ----------------
               Rafik Moursalien, Controller

         Dated: November 17, 2005
[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Notices]
[Page 68361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34124]


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

DEPARTMENT OF VETERANS AFFAIRS


Veterans' Advisory Committee on Environmental Hazards, Notice of 
Meeting

    The Department of Veterans Affairs (VA) gives notice under Pub. L. 
92-463 that a meeting of the Veterans' Advisory Committee on 
Environmental Hazards will be held on Wednesday and Thursday, January 
21-22, 1998, in room 230 of VA Central Office, 810 Vermont Avenue, NW, 
Washington, DC 20420. The meeting will convene at 9 a.m. and adjourn at 
5 p.m. on both days.
    The purpose of the meeting is to review information relating to the 
health effects of exposure to ionizing radiation. The major items on 
the agenda for both days will be discussions and analyses of medical 
and scientific papers concerning the health effects of exposure to 
ionizing radiation. On the basis of their analyses and discussions, the 
Committee may make recommendations to the Secretary concerning diseases 
that are the result of exposure to ionizing radiation. The agenda for 
the second day will include planning future Committee activities and 
assignment of tasks among the members.
    The meeting is open to the public on both days according to the 
capacity of the room. Those who wish to attend should contact Judy 
Veres of the Department of Veterans Affairs, Compensation and Pension 
Service, 810 Vermont Avenue, NW, Washington, DC 20420, prior to January 
14, 1998. Miss Veres may also be reached at 202-273-7210.
    Members of the public may submit written questions or prepared 
statements for review by the Advisory Committee in advance of the 
meeting. Submitted material must be received at least five (5) days 
prior to the meeting and should be sent to Mr. Thornberry's attention 
at the address given above. Those who submit material may be asked to 
clarify it prior to its consideration by the Advisory Committee.

    Dated: December 23, 1997.

    By Direction of the Secretary.
Heyward Bannister,
Committee Management Officer.
[FR Doc. 97-34124 Filed 12-30-97; 8:45 am]
BILLING CODE 8320-01-M
#### Elwood Clark BARCLAY and Jacob John Dougan, Jr., Appellants, v. STATE of Florida, Appellee.

No. 47260.

Supreme Court of Florida.

Sept. 7, 1978.

Certiorari Denied Oct. 10, 1978.

See 99 S.Ct. 249.

Ernest D. Jackson, Sr., Releford McGriff, Jacksonville, for appellants.

Wallace E. Allbritton, Tallahassee, for appellee.

ORDER FOR GARDNER RELIEF

PER CURIAM.

The judge who sentenced Elwood Barclay and Jacob Dougan to death for the murder of Anthony Orlando has responded to the order1 providing for a uniform means of determining *Gardner*
      *2*
      **relief. In his response he states that the sentences of death were not imposed on appellants based on any information unknown to them and that, prior to sentencing, the defense was provided copies of the presentence investigation reports prepared in the case by the Proba*658tion and Parole Commission. It does not appear clearly from the response or the record, however, precisely when the reports were released to the defense and whether it had a meaningful opportunity to be heard on any of the matter in either report.

To assure that the sentencing procedure in this case satisfies the constitutional command of the Due Process Clause,3 the death sentences are vacated and the cause is remanded to the trial court. The court is directed to provide a hearing at which the defense has the opportunity to rebut any of the information contained in the presen-tence investigation reports, whether in the confidential portion of the report or any other part. This direction, of course, requires that the defense have access to the reports-in-full with sufficient time before the hearing to prepare rebuttal. Following the hearing the court is to impose sentences. If death is imposed as to .either appellant there will be available in this Court review, limited to matters related to compliance with this order.

Accordingly, the death sentences are vacated and the case is remanded to the Circuit Court, in and for Duval County, with directions to conduct the proceeding outlined in this order.

It is so ordered.

ENGLAND, C. J., and BOYD, OVER-TON and HATCHETT, JJ., concur.

ADKINS, J., dissents.

. The order was issued May 6, 1977.

. See *Gardner v. Florida,*430 U.S. 349, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977).

. 14th Amendment, U.S. Constitution. See *Gardner,*above.