alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
LONNIE DAVID STRINGER, Petitioner - Appellant,

v. ELVIN VALENZUELA, Warden, Respondent - Appellee. No. 11-16009D.C. No. 2:09-CV-02980-GEBEFB
MEMORANDUM *

Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, Junior, Senior District Judge, Presiding Argued and Subm itted October 8, 2013 San Francisco, California Before: D.W. NELSON, M. SMITH, and IKUTA, Circuit Judges. Lonnie David Stringer (“Stringer”) appeals the dism issal of his federal habeas petition as untim ely. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We affirm in part, reverse in part, and rem and. 

# FILED
OCT 17 2013 M OLLY C. DWYER, CLERK U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.The district court correctly concluded that Stringer was not entitled to

statutory tolling. The state court’s determ ination that his January 5, 2006 state petition was tim e ly did not toll the one year statute of lim itations applicable to Stringer’s federal habeas petition. Ferguson v. Palmateer , 321 F.3d 820, 823 (9th Cir. 2009). The district court also concluded correctly that the federal statute of lim itations began to run well before Stringer discovered additional facts in support of a third party culpability defense in 2004 or 2005. Hasan v. Galaza , 254 F.3d 1150, 1154 n.3 (9th Cir. 2001). The record is clear that Stringer was aware of the existence of a third party culpability defense at the tim e of his trial in 1996, and the federal statute of lim itations therefore started when his conviction becam e final. 28 U.S.C. § 2244(d)(1). Additionally, the district court concluded correctly that Stringer is not entitled to equitable tolling. Stringer has failed to show reasonable diligence in pursuing his rights. Porter v. Ollison , 620 F.3d 952, 959 (9th Cir. 2010) (citing Holland v. Florida , 560 U.S. 631, 130 S. Ct. 2549, 2563 (2010)). His current counsel took over the case in 2003 and was aware of and working on developing a federal habeas claim

no later than 2004. However, Stringer did not file a petition until January 5, 2006.
2The district court did not consider whether Stringer’s claim of actual

innocence would have excused the untim ely filing of his federal habeas petition. We rem and for a determ ination of whether Stringer m e ets the actual innocence exception to the federal one-year statute of lim itations. McQuiggins v. Perkins , — U.S. —, 133 S.Ct. 1924 (2013). AFFIRMED in part; REVERSED in part; REMANDED.

3
#### Robert PERRY, Appellant, v. The STATE of Florida, Appellee.

No. 70-1255.

District Court of Appeal of Florida, Third District.

July 13, 1971.

Robert Per se, in pro. per.

Robert L. Shevin, Atty. Gen., for appel-lee.

Before CHARLES CARROLL, HEN-DRY and BARKDULL, JJ.

PER CURIAM.

This court, proceeding in the manner outlined and recommended by the Supreme Court of the United States in Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493, having deferred ruling on a motion of the public defender to withdraw as counsel for the indigent defendant-appellant, and having furnished appellant with a copy of the public defender’s memorandum brief, and having allowed *776the appellant a reasonable specified time within which to raise any points that he chose in support of this appeal, and the appellant having failed to respond thereto, on consideration thereof upon full examination of the proceedings we conclude that the appeal is wholly frivolous. Whereupon, the public defender’s said motion to withdraw is granted, and the order or judgment appealed is hereby affirmed.
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#### STATE of Louisiana v. Kenneth F. DeMARTINI.

No. 52433.

Supreme Court of Louisiana.

May 11, 1972.

In re: The State of Louisiana- applying for writs of certiorari, prohibition and mandamus.

Writ refused. We find no error in the factual finding by the trial court.

SANDERS, J.,

only concurs in the denial. A Motion to suppress is authorized only for “a written confession or .written inculpatory statement.” The State, however, makes no complaint on this ground. See Article 703, C.Cr.P.
<PAGE>

                                                                    Exhibit 32.2

                             NORDSTROM CREDIT, INC.

                                13531 EAST CALEY

                           CENTENNIAL, COLORADO 80111

                        CERTIFICATION OF CHIEF FINANCIAL
                   OFFICER REGARDING ANNUAL REPORT CONTAINING
                              FINANCIAL STATEMENTS

I, Michael G. Koppel, the Vice President and Treasurer of Nordstrom Credit, Inc.
(the "Company") in compliance with 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, hereby certify that the
Company's Annual Report on Form 10-K for the period ended January 31, 2004 (the
"Report") filed with the Securities and Exchange Commission:

         -        fully complies with the requirements of Section 13(a) of the
                  Securities Exchange Act of 1934; and

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

                                               /s/ Michael G. Koppel
                                               ---------------------------------
                                               Michael G. Koppel
                                               Vice President and Treasurer
                                               March 30, 2004

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

113TH CONGRESS 

1ST SESSION S. 1496 

To enhance taxpayer accountability at public transportation agencies. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 11, 2013 

Mr. KIRK introduced the following bill; which was read twice and referred to 

the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To enhance taxpayer accountability at public transportation 

agencies. 

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 ‘‘Public Transportation 

5 Accountability Act’’. 

6 SEC. 2. PROHIBITION. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ANNUAL COMPENSATION.—The term ‘‘an9 nual compensation’’ means all amounts paid to an 

10 individual during a calendar year, including— 

11 (A) salary; and 


EMCDONALD on DSK67QTVN1PROD with BILLS
2 

•S 1496 IS

1 (B) amounts paid in accordance with a 

2 severance agreement. 

3 (2) PUBLIC TRANSPORTATION AGENCY.—The 

4 term ‘‘public transportation agency’’ has the mean5 ing given the term in section 1402 of the National 

6 Transit Systems Security Act of 2007 (6 U.S.C. 

7 1131). 

8 (b) PROHIBITION.—Notwithstanding any other provi9 sion of law, as a condition on the receipt of Federal funds 

10 by any public transportation agency, the public transpor11 tation agency shall be prohibited from providing annual 

12 compensation to the chief executive, or any other officer 

13 or employee, of the public transportation agency in an 

14 amount that is in excess of the annual compensation of 

15 the President of the United States as described in section 

16 102 of title 3, United States Code. 

Æ 


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113TH CONGRESS 

1ST SESSION S. 1495 

To direct the Administrator of the Federal Aviation Administration to issue 

an order with respect to secondary cockpit barriers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 11, 2013 

Mr. CASEY introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To direct the Administrator of the Federal Aviation Administration to issue an order with respect to secondary cockpit barriers, and for other purposes. 

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 ‘‘Saracini Aviation Safe5 ty Act of 2013’’. 

6 SEC. 2. SECONDARY COCKPIT BARRIERS. 

7 Not later than 180 days after the date of the enact8 ment of this Act, the Administrator of the Federal Avia9 tion Administration shall issue an order that— 


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2 

•S 1495 IS

1 (1) requires, on each commercial aircraft oper2 ating under part 121 of title 14, Code of Federal 

3 Regulations, the installation of a barrier, other than 

4 the cockpit door, that prevents access to the flight 

5 deck of an aircraft; and 

6 (2) requires, for an aircraft— 

7 (A) that is equipped with a cockpit door, 

8 that the barrier required under paragraph (1) 

9 remain locked while— 

10 (i) the aircraft is in flight; and 

11 (ii) the cockpit door separating the 

12 flight deck and the passenger area is open; 

13 and 

14 (B) that is not equipped with a cockpit 

15 door, that the barrier required under paragraph 

16 (1) remain locked as determined appropriate by 

17 the pilot in command. 

Æ 


EMCDONALD on DSK67QTVN1PROD with BILLS
---

Exhibit 32.1



CERTIFICATIONS PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)



In connection with the Quarterly Report on Form 10-Q of Birner Dental Management Services, Inc., a Colorado corporation (the Company), for the quarter ended March 31, 2009, as filed with the Securities and Exchange Commission (the Report), the undersigned, who are the Chief Executive Officer and the Chief Financial Officer of the Company, respectively, do each hereby certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to his knowledge:





1.

The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, or 78o(d)); 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:      May14, 2009





By:    /s/ Frederic W.J. Birner

Name:

Frederic W.J. Birner

Title:

Chief Executive Officer





By:    /s/ Dennis N. Genty

Name:    Dennis N. Genty

Title:

Chief Financial Officer







---
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                       2,095,000
<SECURITIES>                                         0
<RECEIVABLES>                                1,250,000
<ALLOWANCES>                                 (420,000)
<INVENTORY>                                          0
<CURRENT-ASSETS>                            13,941,000
<PP&E>                                     390,200,000
<DEPRECIATION>                             (8,030,000)
<TOTAL-ASSETS>                             399,036,000
<CURRENT-LIABILITIES>                       14,049,000
<BONDS>                                    143,008,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      2,000
<COMMON>                                        14,000
<OTHER-SE>                                 241,963,000
<TOTAL-LIABILITY-AND-EQUITY>               399,036,000
<SALES>                                              0
<TOTAL-REVENUES>                            24,868,000
<CGS>                                                0
<TOTAL-COSTS>                               12,152,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           3,784,000
<INCOME-PRETAX>                              8,932,000
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                              1,256,000
<CHANGES>                                            0
<NET-INCOME>                                 7,676,000
<EPS-PRIMARY>                                     0.46
<EPS-DILUTED>                                     0.44
        

</TABLE>
#### PINE MEADOWS, INC. v. UNIFIRST FEDERAL SAVINGS & LOAN ASSOCIATION.

No. 50597.

Supreme Court of Mississippi.

Sept. 27, 1978.

Mitchell M. Lundy, Grenada, Howie, Montgomery & Montjoy, Jackson, Gore & Gore, J. Gore, Jr., Grenada, for appellant.

Brunini, Grantham, Grower & Hewes, > George P. Hewes, III, W. David Watkins, Jackson, for appellee.

Appeal from Circuit Court, Hinds County; William F. Coleman, Judge.

Before ROBERTSON, P. J., and SUGG and COFER, JJ.

AFFIRMED.
**Exhibit32.1**

 

 

**CERTIFICATIONPURSUANT TO**

**18U.S.C. SECTION 1350**

**ASADOPTED PURSUANT TO**

**SECTION906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Amendment No. 1 toAnnual Report of Particle Drilling Technologies, Inc. (the “Company”) on Form10-K/A for the period ending September 30, 2005 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Jim B. Terry, ChiefExecutive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, asadopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)          The Report fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

(2)          The information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.

 
| /s/ JIM B. TERRY                    |   |
|-------------------------------------|--------|
| Jim B. Terry                        |
| Chief Executive Officer             |
|                                |
| Date:   February 14, 2006 |

 

A signed original of this written statementrequired by Section 906 has been provided to Particle Drilling Technologies,Inc. and will be retained by Particle Drilling Technologies, Inc. and furnishedto the Securities and Exchange Commission or its staff upon request.

 

----
254 La. 120

#### STATE of Louisiana v. Lorene KNOX.

No. 49883.

Supreme Court of Louisiana.

May 26, 1969.

In re: Lorene Knox applying for writs of certiorari and mandamus.

The application is denied. The showing made does now warrant the exercise of our supervisory jurisdiction.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2000 TRAVERWOOD DRIVE

ANN ARBOR, MI 48105-2498

 OFFICE OF

AIR AND RADIATION

November 9, 2011

MEMORANDUM

SUBJECT: Conference Call with United Autoworkers to discuss the EPA/NHTSA Proposed 

Rulemaking for Greenhouse Gas and CAFE Standards for Model Year 2017-2025 Light-Duty 

Vehicles

FROM: William Charmley, US EPA

TO: EPA Docket # EPA-HQ-OAR-2010-0799

This memo documents a conference call held on December 9, 2011 between representatives of 

the United Auto Workers (UAW) and EPA to discuss the EPA/NHTSA Proposed Rulemaking 

for Greenhouse Gas and CAFE Standards for Model Year 2017-2025 Light-Duty Vehicles

The conference call attendees from United Auto Workers included 

Barbara Somson and Brad Markell from the UAW participated in the call, and from EPA the 

participants included Margo Oge, Chet France, and Bill Charmley

The discussion topic was limited to questions from the UAW regarding the upcoming public 

hearings for the Joint NPRM.
#### LIBERTY MUTUAL INSURANCE COMPANY, a foreign insurance corporation, doing business in Florida, and Neal D. Huebsch, as Administrator ad litem of the Estate of Walter Anton Huebsch, Deceased, Appellants, v. James L. COOPER and Patricia Cooper, his wife, Appellees.

No. 72-821.

District Court of Appeal of Florida, Second District.

April 18, 1973.

PER CURIAM.

Affirmed.
#### STATE of Louisiana v. William KRAFT et al.

No. 53457.

Supreme Court of Louisiana.

May 18, 1973.

In re: William Kraft applying for remedial writs.

Granted: — Alternative writs — See order.

On considering the petition of relator in the above numbered and entitled cause:

Ordered that the Honorable Wallace A. Edwards, Judge of the Twenty-Second Judicial District Court, Parish of St. Tammany, hold an evidentiary hearing to determine the present indigency of the relator based on the evidence as produced in the hearing or in the alternative, grant the appeal in forma pauperis.
#### Everett Wendell GRANDERSON, Jr. v. The NEW ORLEANS BOARD OF TRADE.

No. 62024.

Supreme Court of Louisiana.

May 5, 1978.

In re: Everett Wendell Granderson, Jr., applying for certiorari, or writ review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 355 So.2d 620.

Application not considered. Not timely.
<PAGE>

                                                                    EXHIBIT 24.1

                               POWER OF ATTORNEY

    KNOW ALL PERSONS BY THESE PRESENTS, that each person whose signature 
appears below constitutes and appoints Douglas J. Burgum and Terri F. 
Zimmerman (with full power to act alone), as his or her true and lawful 
attorneys-in-fact and agents, with full powers of substitution and 
resubstitution, for him or her and in his or her name, place and stead, in 
any and all capacities, to sign an Annual Report on Form 10-K of Great Plains 
Software, Inc., and to file the same, with all exhibits thereto, and other 
documents in connection therewith, with the Securities and Exchange 
Commission, granting unto said attorneys-in-fact and agents full power and 
authority to do and perform each and every act and thing requisite or 
necessary to be done in and about the premises, as fully to all intents and 
purposes as he or she might or could do in person, hereby ratifying and 
confirming all that said attorneys-in-fact and agents, or their substitute or 
substitutes, lawfully do or cause to be done by virtue hereof.

       Signature                        Title                        Date
       ---------                        -----                        ----

 /s/ Douglas J. Burgum         President, Chief Executive        August 18, 1997
----------------------------   Officer and Chairman of the 
Douglas J. Burgum              Board

 /s/ Terri F. Zimmerman        Chief Financial Officer and       August 18, 1997
----------------------------   Group Vice President, Finance
Terri F. Zimmerman             and Operations

 /s/ Bradley J. Burgum         Director                          August 15, 1997
----------------------------
Bradley J. Burgum

 /s/ Frederick W. Burgum       Director                          August 14, 1997
----------------------------
Frederick W. Burgum

 /s/ William V. Campbell       Director                          August 18, 1997
----------------------------
William V. Campbell

                               Director
----------------------------
Raymond F. Good

                               Director
----------------------------
Sanjeev K. Mehra

/s/ J. A. Heidi Roizen         Director                          August 18, 1997
----------------------------
J. A. Heidi Roizen

 /s/ Joseph S. Tibbetts, Jr.   Director                          August 18, 1997
----------------------------
Joseph S. Tibbetts, Jr.
#### GENERAL MOTORS CORPORATION, Plaintiff-Appellant, v. PREFERRED ELECTRIC & WIRE CORPORATION, Defendant-Appellee.

No. 289.

Circuit Court of Appeals, Second Circuit.

March 15, 1937.

Drury W. Cooper, and Thomas J. Byrne, both of New York City, and Harry W. Lindsey, Jr., of Chicago, 111., for appellant.

Theodore S. Kenyon, John L. Lotsch, and W. Houston Kenyon, Jr., all of New York City, for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

PER curiam:.

Decree affirmed.
#### GENERAL CASKET CO., INC., a Florida corporation, Appellant, v. Samuel C. ROGERS, Jr., d/b/a Rogers-Whittington Funeral Home, Appellee.

No. S-42.

District Court of Appeal of Florida, First District.

Nov. 16, 1972.

PER CURIAM.

Interlocutory appeal dismissed.