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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE MANUEL MACHORRO-ZAMORA, 

Petitioner, 

 v. 

WILLIAM P. BARR, Attorney General, 

Respondent.

No. 18-70801 

Agency No. A200-947-704 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted November 18, 2019**

Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.

Jose Manuel Machorro-Zamora, a native and citizen of Mexico, petitions pro 

se for review of the Board of Immigration Appeals’ order dismissing his appeal 

from an immigration judge’s denial of his motion to reopen. We have jurisdiction 

under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to 

reopen and review de novo claims of ineffective assistance of counsel. Mohammed 

* 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

NOV 25 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 18-70801 

v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for 

review.

The agency did not abuse its discretion in denying reopening based on 

ineffective assistance of counsel. Machorro-Zamora did not show his former 

attorney failed to perform with sufficient competence by declining to file an 

application for cancellation of removal, where Machorro-Zamora was ineligible for 

that relief at the time. See id. at 793 (to demonstrate ineffective assistance of 

counsel, a petitioner must show counsel failed to perform with sufficient 

competence); Torres-Chavez v. Holder, 567 F.3d 1096, 1101 (9th Cir. 2009)

(declining to find ineffective assistance where counsel made a tactical decision; 

court must evaluate counsel’s decisions from counsel’s perspective at the time).

PETITION FOR REVIEW DENIED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Company's Form 10-Q for the quarterly period ended June 30, 1997, and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                             231
<SECURITIES>                                         0
<RECEIVABLES>                                   30,247
<ALLOWANCES>                                     3,838
<INVENTORY>                                     20,508
<CURRENT-ASSETS>                                58,308
<PP&E>                                          48,532
<DEPRECIATION>                                   6,613
<TOTAL-ASSETS>                                 103,108
<CURRENT-LIABILITIES>                           85,071
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           138
<OTHER-SE>                                      16,045
<TOTAL-LIABILITY-AND-EQUITY>                   103,108
<SALES>                                        115,640
<TOTAL-REVENUES>                               115,640
<CGS>                                           96,112
<TOTAL-COSTS>                                   40,109
<OTHER-EXPENSES>                                 2,379
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,123
<INCOME-PRETAX>                                 24,083
<INCOME-TAX>                                     3,909
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    20,174
<EPS-PRIMARY>                                     1.46
<EPS-DILUTED>                                        0
        





</TABLE>
Exhibit 10.6


 


MODIV ACQUISITION CORP.


120 Newport Center Drive


Newport Beach, CA 92660


 


[●], 2021


 


Modiv Venture Fund, LLC


120 Newport Center Drive


Newport Beach, CA 92660


 


Ladies and Gentlemen:


This letter will confirm
our agreement that, commencing on the effective date (the “Effective Date”) of the registration statement
on Form S-1 (the “Registration Statement”) for the initial public offering (the “IPO”)
of the securities of Modiv Acquisition Corp. (the “Company”) and continuing until the earlier of (i)
the consummation by the Company of an initial business combination (a “Business Combination”) or (ii)
the Company’s liquidation (in each case as described in the Registration Statement) (such earlier date hereinafter referred
to as the “Termination Date”), Modiv Venture Fund, LLC (“Sponsor”) shall make
available to the Company certain office space, utilities, and secretarial, administrative and consulting services as may be required
by the Company from time to time, situated at 120 Newport Center Drive, Newport Beach, CA 92660 (or any successor location). In
exchange therefore, the Company shall pay Sponsor a sum equal to $10,000 per month, commencing on the Effective Date and continuing
monthly thereafter until the Termination Date. Sponsor agrees that payment of such amounts may be deferred, without interest, until
the date of consummation by the Company of the initial Business Combination upon a determination by the Company’s audit committee
that the Company lacks sufficient funds held outside the Trust Account (as defined below) to pay the Company’s actual or
anticipated expenses in connection with the Company’s initial Business Combination. Sponsor hereby agrees that it does not
have any right, title, interest or claim of any kind in or to any monies that may be set aside in a trust account (the “Trust
Account”) that may be established by the Company for the benefit of the Company’s public stockholders upon
the consummation of the IPO as described in the Registration Statement (“Claim”) and hereby waives any
Claim it may have in the future as a result of, or arising out of, any negotiations, contracts or agreements with the Company in
connection with this letter agreement and will not seek recourse against the Trust Account for any reason whatsoever.


 


	Very truly yours,	 
	 	 
	MODIV ACQUISITION CORP.	 
	 	 
	By:	 	 
	Name:	Raymond J. Pacini	 
	Title:	Chief Financial Officer	 
	 	 	 
	AGREED TO AND ACCEPTED BY:	 
	 	 
	MODIV VENTURE FUND, LLC	 
	 	 	 
	By:	 	 
	Name:	Aaron S. Halfacre	 
	Title:	Chief Executive Officer
EXHIBIT 32


     CERTIFICATIONS OF JOSEPH R. ROZELLE, PRINCIPAL EXECUTIVE OFFICER AND
       PRINCIPAL FINANCIAL OFFICER, PURSUANT TO 18 U.S.C. SECTION 1350

      In connection with the Annual Report  on Form 10-K of VPGI  Corporation
 (the "Company") for the  period  ended  June 30, 2007,  as  filed  with  the
 Securities and Exchange Commission on the date hereof (the "Report"), I, the
 undersigned officer of the Company, certifies, pursuant to  18 U.S.C. S1350,
 as adopted pursuant to S906 of the  Sarbanes-Oxley Act of 2002, that to  the
 best of my knowledge:

      1.  The Report fully complies with the requirements of section 13(a) 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.


 Date:  October 16, 2007            /s/    JOSEPH R. ROZELLE
                                    -------------------------------
                                    JOSEPH R. ROZELLE
                                    Principal Executive Officer
                                    and Principal Financial Officer


 The foregoing certification  is  being  furnished  as an exhibit to the Form
 10-K pursuant to Item  601(b)(32) of Regulation S-K and Section  906 of  the
 Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter
 63 of Title 18, United States Code) and, accordingly, is not being filed  as
 part of the Form 10-K for purposes of Section 18 of the Securities  Exchange
 Act of  1934, as  amended, and  is not  incorporated by  reference into  any
 filings of  the Company,  whether  made before  or  after the  date  hereof,
 regardless of any general incorporation language in such filing.
Exhibit
32.2




Certification
pursuant to 18 U.S.C., Section 1350


as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002




In
connection with the Quarterly Report on Form 10-Q, filed pursuant
to  Section 13 or 15(d) of the Securities Exchange Act of 1934, as
amended, of  The First Bancshares, Inc. (the "Company") for the period
ended June 30,  2010, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, DeeDee Lowery, the Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. Sec. 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 Section
      15(d) of the Securities Exchange Act of 1934, as amended;
    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/
      DeeDee LoweryName: DeeDee
      Lowery
                Title:  
      Executive Vice President and Chief
                Financial
      Officer
                Date:   August
      13, 2010




A signed
original of this written statement required by Section 906, or  other
document authenticating, acknowledging or otherwise adopting
the  signature that appears in typed form within the electronic
version of this  written statement required by Section 906, has been
provided to The First  Bancshares, Inc., and will be retained by The
First Bancshares, Inc., and  furnished to the Securities and Exchange
Commission or its staff upon  request.
# C_2022095EN.01004601.xml

| 28.2.2022 | EN | Official Journal of the European Union | C 95/46 |
| --- | --- | --- | --- |

28.2.2022

EN

Official Journal of the European Union

C 95/46

---

Order of the General Court of 8 December 2021 — VY v Commission

(Case T-519/21) (1)

(2022/C 95/66)

Language of the case: French

The President of the Seventh Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 422, 18.10.2021.

---
II 

113TH CONGRESS 

1ST SESSION S. 119 

To prohibit the application of certain restrictive eligibility requirements to 

foreign nongovernmental organizations with respect to the provision of 

assistance under part I of the Foreign Assistance Act of 1961. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 23 (legislative day, JANUARY 3), 2013 

Mrs. BOXER introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To prohibit the application of certain restrictive eligibility 

requirements to foreign nongovernmental organizations 

with respect to the provision of assistance under part 

I of the Foreign Assistance Act of 1961. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Global Democracy Pro5 motion Act’’. 


pwalker on DSK7TPTVN1PROD with 
2 

•S 119 IS

1 SEC. 2. ASSISTANCE FOR FOREIGN NONGOVERNMENTAL 

2 ORGANIZATIONS UNDER PART I OF THE FOR3 EIGN ASSISTANCE ACT OF 1961. 

4 Notwithstanding any other provision of law, regula5 tion, or policy, in determining eligibility for assistance au6 thorized under part I of the Foreign Assistance Act of 

7 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental 

8 organizations— 

9 (1) shall not be ineligible for such assistance 

10 solely on the basis of health or medical services, in11 cluding counseling and referral services, provided by 

12 such organizations with non-United States Govern13 ment funds if such services do not violate the laws 

14 of the country in which they are being provided and 

15 would not violate United States Federal law if pro16 vided in the United States; and 

17 (2) shall not be subject to requirements relating 

18 to the use of non-United States Government funds 

19 for advocacy and lobbying activities other than those 

20 that apply to United States nongovernmental organi21 zations receiving assistance under part I of such 

22 Act. 

Æ 


pwalker on DSK7TPTVN1PROD with
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule contains summary financial information extracted from the
consolidated balance sheet and the consolidated statement of operations and is
qualified in its entirety by reference to said statements.
</LEGEND>                        
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   Dec-31-1997
<CASH>                                         535,546
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               791,056
<PP&E>                                         10,684,294
<DEPRECIATION>                                 4,507,327
<TOTAL-ASSETS>                                 7,258,818
<CURRENT-LIABILITIES>                          368,280
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     2,135,819
<TOTAL-LIABILITY-AND-EQUITY>                   7,258,818
<SALES>                                        0
<TOTAL-REVENUES>                               2,040,543
<CGS>                                          665,541
<TOTAL-COSTS>                                  980,651
<OTHER-EXPENSES>                               (25,836)
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             470,769
<INCOME-PRETAX>                                (50,582)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (50,582)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (50,582)
<EPS-PRIMARY>                                  (2.98)
<EPS-DILUTED>                                  (2.98)
        


</TABLE>
Exhibit 23.3

INDEPENDENT AUDITORS' REPORT ON SCHEDULE

The Board of Directors and Stockholders
Rare Medium Group, Inc.:

The audit referred to in our report dated March 29, 1999, included the related
financial statement schedule as of and for the year ended December 31, 1998,
included in the annual report on Form 10-K/A-2. This financial statement
schedule is the responsibility of the Company's management. Our responsibility
is to express an opinion on this financial statement schedule based on our
audit. In our opinion, such financial statement schedule, when considered in
relation to the basic consolidated financial statements taken as a whole,
presents fairly in all material respects the information set forth therein.




                                                      KPMG LLP
New York, New York
March 29, 1999
**Exhibit 23**

**Consent of Independent Registered Public Accounting Firm**

We consent to the incorporation by reference in the Registration Statementson Form S-8 of Material Sciences Corporation (No.’s 33-00067, 33-40610, 33-41310, 33-57648, 33-81064, 333-15679, 333-15677, 333-33885, 333-33897 and 333-88387) of our reports dated May 19, 2006, relating to the consolidated financialstatements and financial statement schedule of Material Sciences Corporation and management’s report on the effectiveness of internal control over financial reporting (which audit report expresses an adverse opinion on the operatingeffectiveness of internal control over financial reporting as of February 28, 2006 based on criteria established in Financial Control – Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission)appearing in this Annual Report on Form 10-K,/A of Material Sciences Corporation for the year ended February 28, 2006. 

Deloitte & Touche LLP

Chicago, Illinois 

May 23, 2006 

 

1
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-7476

HAROLD DOUGLAS, JR.,

 Petitioner – Appellant,

v.

HAROLD W. CLARKE, Director,

 Respondent - Appellee.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Raymond A. Jackson, District 

Judge. (2:14-cv-00018-RAJ-DEM)

Submitted: December 16, 2014 Decided: December 19, 2014

Before DUNCAN and DIAZ, Circuit Judges, and DAVIS, Senior 

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Harold Douglas, Jr., Appellant Pro Se. Lauren Catherine 

Campbell, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, 

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Harold Douglas, Jr., seeks to appeal the district 

court’s order denying relief on his 28 U.S.C. § 2254 (2012)

petition. The district court referred this case to a magistrate 

judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2012). The 

magistrate judge recommended that relief be denied and advised 

Douglas that failure to file timely objections to this 

recommendation could waive appellate review of a district court 

order based upon the recommendation.

The timely filing of specific objections to a 

magistrate judge’s recommendation is necessary to preserve 

appellate review of the substance of that recommendation when 

the parties have been warned of the consequences of 

noncompliance. Wright v. Collins, 766 F.2d 841, 845-46 (4th 

Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). 

Douglas has waived appellate review by failing to timely file 

objections. Accordingly, we deny a certificate of 

appealability, deny leave to proceed in forma pauperis, and 

dismiss the appeal. 

We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 
3

before this court and argument would not aid the decisional 

process.

DISMISSED
Exhibit 10.9


 


SUPPLEMENTAL LOAN AGREEMENT 


 


This Supplemental Loan Agreement (the “Supplemental
Agreement”) is dated as of March 18, 2021, by and among Mr. Yat-Gai Au (the “Lender”) and Regencell
Bioscience Limited (“the Borrower”).


 


Terms not otherwise defined herein shall have the meaning ascribed
to such terms in the loan agreement entered into between the Lender and the Borrower on November 10, 2020 (the “Loan Agreement”).


 


WHEREAS, pursuant to the Loan Agreement, the Lender agreed
to make the Loan available to the Borrower in a timely manner or make payments on the Borrower’s behalf, according to the
needs of the operations and research activities of the Borrower and its subsidiaries or parent company.


 


WHEREAS, the Lender and the Borrower entered into a Loan
Extension Agreement on February 2, 2021 indicated that the Maturity Date of the Loan and Existing Loan (collectively, the “Outstanding
Loan”) was extended to December 31, 2022.


 


WHEREAS, as of March 17, 2021, the amount of Outstanding
Loan is HK$27.58 million equivalent to approximately US$3.54 million, at an exchange rate of HK$7.8 to US$1.


 


WHEREAS, the Borrower is a wholly-owned subsidiary of
the Regencell Bioscience Holdings Limited (the “Company”).


 


WHEREAS, the Company is contemplating an initial public
offering of securities on the Nasdaq Capital Market (the “IPO”).


 


WHEREAS, the Borrower and the Company, on one hand, and
the Lender, on the other hand, desire to convert HK$25.35 million equivalent to US$3.25 million at an exchange rate of HK$7.8 to
US$1, of the Outstanding Loan into a convertible promissory note issued by the Company.


 


NOW, the Lender and the Borrower agree as follows:


 


The Lender shall waive the amount of US$3.25 million of the
Outstanding Loan upon the receipt of a promissory note issued by the Company in the principal amount of US$3.25 million, in the
substantial form attached hereto as Exhibit A.


 


IN WITNESS WHEREOF, intending to be legally bound, the
parties hereto have caused this Agreement to be signed by their duly authorized officers. Upon the execution of this Supplemental
Agreement, the Loan Agreement shall be, and be deemed to be, modified and amended in accordance herewith and the respective rights,
limitations, obligations, duties and liabilities of the parties hereto shall hereafter be determined, exercised and enforced subject
in all respects to such modifications and amendments, and all the terms and conditions of this Supplemental Agreement shall be
deemed to be part of the terms and conditions of the Loan Agreement, as applicable, for any and all purposes. Except as specifically
provided herein, the Loan Agreement shall remain in full force and effect and is hereby reaffirmed and confirmed.


 


[Remainder of page intentionally left
blank; signature page follows]


 



     


     


    

 


IN WITNESS WHEREOF,
the undersigned parties have caused this Agreement to be duly executed as of the date first above written.


 


	The Lender	 	The Borrower
	/s/ Yat-Gai Au	 	/s/ Yat-Gai Au
	Mr. Yat-Gai Au	 	Authorized Signer: Yat-Gai Au
	 	 	Title: CEO