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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

HERNAN OROZCO,

 Plaintiff - Appellant,

 v.

EDMUND G. BROWN, Jr.,

 Defendant - Appellee.

No. 15-16047

D.C. No. 2:14-cv-01404-MCECKD

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Morrison C. England, Jr., Chief Judge, Presiding

Submitted November 18, 2015** 

Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.

Hernan Orozco, a civil detainee at Coalinga State Hospital, appeals pro se

from the district court’s judgment dismissing his petition for writ of mandamus

seeking transfer to a different prison hospital. We have jurisdiction under 28

U.S.C. § 1291, and we vacate and remand.

FILED

DEC 02 2015

MOLLY 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 panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
The district court converted Orozco’s mandamus petition to a 42 U.S.C.

§ 1983 action, found it deficient, and granted leave to amend. Orozco instead filed

another petition for writ of mandamus. We vacate the dismissal order and remand

for the district court to provide Orozco with notice of the deficiencies in his § 1983

complaint and an opportunity to file a new § 1983 complaint with the benefit of

that notice. See Akhtar v. Mesa, 698 F.3d 1202, 1212 (9th Cir. 2012) (“[B]efore

dismissing a pro se complaint the district court must provide the litigant with

notice of the deficiencies in his complaint in order to ensure that the litigant uses

the opportunity to amend effectively.” (citation and internal quotation marks

omitted)).

To the extent Orozco contends the district court failed to comply with this

court’s writ of mandamus, we disagree.

VACATED and REMANDED.

2 15-16047
Exhibit 10.2


 





THE BOARD OF
DIRECTORS


 


OF


 


ASTERIKO CORP.


 


 


The following is a true copy of the resolution
duly adopted by the Board of Directors of this Corporation at a special meeting, notice to this meeting having been waived, held
on this 6th January, 2017.


 


The Board of Directors which was present for this meeting &
took active part therein was:


 


SOMPORN PHATCHAN


ENG WAH KUNG


YUN CHEN ZOU


 


WHEREAS there has been presented to and
considered by this meeting a Motion to Forward Split the Company’s stock,


 


NOW THEREFORE BE IT RESOLVED that the
majority of Directors having considered this matter, and having opened the floor to all those who voice a preference in the
issue and pursuant to §NRS 78.315, have unanimously decided and RESOLVED that:


 


The Company hereby Amends its Articles to
FORWARD SPLIT the common stock at 5:1 (Five to One).


 


Said Motion is hereby passed and the corporate
books, records and the Secretary shall file this Resolution in the corporate records


 


 


 


DATED: 6th January, 2017


 


 


 


/s/ Somporn Phatchan                              


Somporn Phatchan, Director, CEO
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1361 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1361

      To provide for restroom gender parity in Federal buildings.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2011

   Mr. Towns (for himself, Mr. Manzullo, Ms. Clarke of New York, Mr. 
Cleaver, Ms. Jackson Lee of Texas, Mrs. Maloney, Mr. Meeks, Mr. Rangel, 
Mr. Thompson of Mississippi, Ms. Waters, Ms. Richardson, Mr. Payne, Mr. 
  Grijalva, and Ms. Norton) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
  addition to the Committee on Oversight and Government Reform, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
      To provide for restroom gender parity in Federal buildings.

    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 ``Restroom Gender Parity in Federal 
Buildings Act''.

SEC. 2. REQUIREMENT TO REVISE FEDERAL ACQUISITION REGULATION.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Federal Acquisition Regulation shall be revised--
            (1) to direct any Federal procurement executives involved 
        in the acquisition, construction, or major renovation 
        (including contracting for the construction or major 
        renovation) of any facility to increase infrastructure gender 
        parity by--
                    (A) constructing buildings in such a way that the 
                number of toilets in women's restrooms will equal or 
                exceed the number of toilets (including urinals) in 
                men's restrooms; or
                    (B) if such a number is unachievable or not 
                feasible, receive a statement by the Administrator of 
                General Services as to why such a number of toilets is 
                not needed; and
            (2) to direct Federal procurement executives involved in 
        leasing buildings to give preference to the lease of facilities 
        that meet or exceed the female toilet to male toilet (including 
        urinals) ratio of 1 to 1.
    (b) Guidance.--Not later than 90 days after the date of 
promulgation of revised regulations under subsection (a), the Director 
for Federal Procurement Policy shall issue guidance to all Federal 
procurement executives providing direction and instructions to 
renegotiate the design of proposed facilities, renovations for existing 
facilities, and leased facilities to incorporate improvements that are 
consistent with this section.
                                 <all>
```
**Dear Mr. Parsons,**

**We moved to our house in Fort Worth about 4 months ago. Since then, a couple of gas rigs**  **have been placed VERY close to our home. We moved here for a bigger yard and better**  **quality of life for our children (Johnny, age 9 and Jake, age 6). Of course, we do NOT want to**  **our children or anyone else's children to be negati vely affected or harmed in any way, now or**  **60 years from now, by the gas rig so closely locate d to our home.** 

**If I do not write to you and beg for some assistanc e, then I feel I am not doing all I can to**  **protect my children and this community from the har m being caused by the air emissions....the**  **pollution, the odors, the noxious chemicals release d into our communities. We are asking**  **you to tighten your controls on these emissions whe n doing the update on air quality**  **regulations affecting the oil and gas industries.**

**We've got to have accountability from the gas drill ing industry. We support your efforts to**  **thoroughly study the effects on our water supplies. We must have full disclosure of the**  **chemicals used in the hydraulic fracturing process. We support the use of recycling the water**  **used in the fracing process.**

**Let's work toward positive solutions related to gas drilling, pipelines, and property rights.** 

**Please help!**

**John and Carrie Gernhauser**

**817-367-2646**

gas drilling - hazardous chemicals -our rights - PL EASE HELP!

Carrie Gernhauser

to:
Nick Parsons

08/02/2010 09:09 AM

Show Details Page 1 of 1

8/9/2010 file://C:\Documents and Settings\nparsons\Local Set tings\Temp\notesFCBCEE\~web4769.h

...
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS AS OF DECEMBER 31, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH STATEMENTS.
</LEGEND>
<CIK> 0000725259
<NAME> CERPROBE CORPORATION
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<EXCHANGE-RATE>                                      1
<CASH>                                       5,564,557
<SECURITIES>                                         0
<RECEIVABLES>                                5,787,203
<ALLOWANCES>                                   223,000
<INVENTORY>                                  3,862,753
<CURRENT-ASSETS>                            16,135,878
<PP&E>                                      16,158,535
<DEPRECIATION>                               4,712,244
<TOTAL-ASSETS>                              31,511,573
<CURRENT-LIABILITIES>                        6,132,119
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         16
<COMMON>                                       301,386
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                31,511,573
<SALES>                                     37,308,199
<TOTAL-REVENUES>                            37,308,199
<CGS>                                       20,343,516
<TOTAL-COSTS>                               16,211,984
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                12,000
<INTEREST-EXPENSE>                             221,248
<INCOME-PRETAX>                              1,340,210
<INCOME-TAX>                                 2,701,000
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,360,790)
<EPS-PRIMARY>                                    (.30)
<EPS-DILUTED>                                    (.30)
<FN>
<F1>EPS - PRIMARY AND EPS - DILUTED ARE RESTATED TO INCLUDE THE IMPACT OF
FINANCIAL ACCOUNTING STANDARDS' BOARD STATEMENT NO. 128.
</FN>


</TABLE>
<Page>

                                                                    EXHIBIT 10.4

       FIRST AMENDMENT TO AMENDED AND RESTATED 1998 EQUITY INCENTIVE PLAN

     The NeuroMetrix, Inc. Amended and Restated 1998 Equity Incentive Plan (the
"Plan") is hereby amended as follows:

     Section 5.1 of the Plan is hereby deleted in its entirety and replaced with
the following:

          5.1 NUMBER OF SHARES. Awards may be made under the Plan for up to
          2,675,000 Shares, of which up to 2,675,000 Shares may be ISOs. Shares
          issued under the Plan may consist in whole or in part of authorized
          but unissued Shares or treasury Shares.

     This amendment shall be effective as of the date on which it is approved by
the stockholders of NeuroMetrix, Inc.

APPROVED BY BOARD:  APRIL 21, 2004

APPROVED BY STOCKHOLDERS:  APRIL 21, 2004
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960

October 7, 2010

New Jacksonville ODMDS Designation Dive Report Dates: 9/18/10 Divers: Drew Kendall (Dive Master, EPA Regi on 4); Chris McArthur (EPA Region 4); Steve Blackburn; Nadia Lombardero (ANAMAR Environmental Consulting) Water Temp: ~84F Purpose: To ground-truth sides can sonar data to determine bottom type and investigate hard bottom areas reported within the Fernandina Beach ODMDS.

Dive #1 Date: 9/18/10 Time: 1053 Duration: 31min Depth: 62’ Location: FSDS-06: 30 20.284’N; 81 17.291’W Divers: NL, CM

Purpose: Investigate possible live bottom signal from sidescan sonar (see figure 1) Description: Visibility was very poor (<1 foot) with moderate bottom surge due to hurricane induced swell. Divers were able to see the bottom with use of flashlights. Bottom consisted of sand with areas wh ere the sediments were bound with organic material. Tube worms were protruding from the sand. Sieving of the samples revealed tube worms (see figure 2) and some shell hash.

Figure 1: FSDS-06 Sidescan Signature Figure 2: FSDS-06, benthic organismsDive #2 Date: 9/18/10 Time: 1152 Duration: 12min Depth: 62’ Location: FSDS-15: 30 20.392’N; 81 17.261’W Divers: DK, SB Purpose: Investigate rubble signature in side scan signal (see figure 3). Determine level of colonization. Description: No visibility. Divers retrieved small pieces of limestone (see figure 4). No colonization on limestone rubble retrieved.

Figure 3: FSDS-15 Sidescan signature Figure 4: Rubble from FSDS-15

Dive #3 Date: 9/18/10 Time: 1237 Duration: 25min Depth: 63’ Location: FSDS-09: 30 19.061’N; 81 15.858’W Divers: CM, NL Purpose: Verify that no ledge is present at location where sides can sonar indicates a possible ledge feature (see figure 5). Description: Very poor visibility (<1 foot). Dive initiated in very coarse sediment. Divers moved northeast or east. Bottom t ype transitioned drastically and rapidly into a very soft and fine sediment with little bearing capacity.Figure 5: FSDS-09

Dive #4 Date: 9/18/10 Time: 1434 Duration: 1min Depth: 50’ Location: FBDS-4: 30 31.675’N; 81 18.772’W Purpose: Verify presence of hard/live bottom within the Fernandina Beach ODMDS Divers: DK, SB Description: No visibility. Divers encountered hard limestone bottom with low relief (1-2 feet). Divers also felt what they believed to be sponges.
1 Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-60417 Summary Calendar

GLORIA JONES, Plaintiff-Appellant,

versus SHIRLEY S. CHATER, Commissioner of Social Security, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi

USDC No. 4:94CV107LN

- - - - - - - - - - June 5, 1996 Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM: 1 Gloria Jones appeals the district court’s judgment affirming the denial of S ocial Security Supplemental Income and Disability benefits. Jones asserts that the administrative law judge did not properly consider, and his hypothetical question did not address the effects of alcohol abuse or medication on her ability to work.
We have reviewed the record and the briefs of the parties and find no reversible error. Accordingly, we AFFIRM thejudgment for essentially the reasons given by the district court.

Jones v. Chat er , No. 4:94CV107LN (E.D. Miss. June 12, 1995).
EXHIBIT 32
                                                              ----------

                TOUCHSTONE APPLIED SCIENCE ASSOCIATES, INC.

                         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 Annual Report of Touchstone
Applied Science Associates, Inc. (the "Company") on Form 10-KSB
for the period ending October 31, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I,
Andrew L. Simon, President and Director 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 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.


January 29, 2004


                                           /s/ ANDREW L. SIMON
                                           -------------------

                                           President, Chief Executive
                                           Officer and Chief Financial
                                           Officer

       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 TOUCHSTONE
       APPLIED SCIENCE ASSOCIATES, INC. AND WILL BE RETAINED BY
       TOUCHSTONE APPLIED SCIENCE ASSOCIATES, INC. AND FURNISHED TO
       THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
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 Lion Capital Holdings, Inc. a Delaware corporation (the Company), on Form 10-QSB for the quarterly period ending September 30, 2004 as filed with the Securities and Exchange Commission (the Report), I, Tim Page, Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350), that to my 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 result of operations of the Company.





/s/Tim Page

Tim Page

Chief Executive Officer and

Chief Financial Officer

Date: November 18, 2004
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 of OnScreen  Technologies,  Inc. (the
"Company"), on Form 10-QSB of the quarter ended March 31, 2005, I hereby certify
solely for the purpose of complying  with 18 U.S.C.  Section 1350, as adopted to
Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

(1)   The quarterly  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 quarterly report fairly presents, in all
      material  respects,  the financial  condition and results of operations of
      the Company.


ONSCREEN TECHNOLOGIES, INC.


By: /s/ Mark R. Chandler               Dated this 4th day of May 2005
  --------------------------------
  Mark R. Chandler
  COO/CFO


                                       20
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 127 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 127

    To deauthorize appropriation of funds to carry out the Patient 
 Protection and Affordable Care Act and the Health Care and Education 
                      Reconciliation Act of 2010.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 2011

 Mr. Graves of Georgia (for himself, Mr. Westmoreland, Mr. Coffman of 
  Colorado, Mr. Chaffetz, Ms. Jenkins, Mr. Manzullo, Mr. Jones, Mrs. 
   Bachmann, Mr. Burton of Indiana, Mr. Culberson, and Mr. Broun of 
   Georgia) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
  Ways and Means, Education and the Workforce, the Judiciary, Natural 
 Resources, and House Administration, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
    To deauthorize appropriation of funds to carry out the Patient 
 Protection and Affordable Care Act and the Health Care and Education 
                      Reconciliation Act of 2010.

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

SECTION 1. DEAUTHORIZATION OF APPROPRIATIONS TO CARRY OUT PPACA AND 
              HCERA.

    Notwithstanding any other provision of law, no funds are authorized 
to be appropriated to carry out the provisions of the Patient 
Protection and Affordable Care Act (Public Law 111-148), the Health 
Care and Education Reconciliation Act of 2010 (Public Law 111-152), and 
any amendment made by either such Act.
                                 <all>
```
#### Stella BURRIS, a Widow, et al., Appellants, v. Mae CLARK, Appellee.

Court of Appeals of Kentucky.

May 29, 1958.

W. C. Dabney, Monticello, for appellants.

Bruce H. Phillips, R. B. Bertram, Monticello, for appellee.

BIRD, Judge.

One Balus Peercy died intestate leaving eight children as his heirs at law. At the time of his death he was owner in fee simple of a fifty-acre tract of land. On March 12, 1926, three of the eight heirs sold their undivided interest to John Clark, who moved on the land with his family, tilled the soil and occupied the buildings. On October 11, 1943, he conveyed the land to his wife, Mae Clark, in a property settlement without mention of his limited interest, except by reference to the source of his title.

On August 15, 1956, the owners of the unconveyed five-eighths interest filed this suit against Mae Clark asking for a sale of the land and a division of the proceeds between the joint owners.

Mae Clark in her answer claimed title to the whole of the land, first, by reason of her deed from John Clark, and second, by reason of adverse possession for a period of fifteen years. The trial court held Mae Clark to be sole owner of land. The plaintiffs appeal.

In 1943, when John Clark deeded to his wife, he had paper title to only a three-eighths undivided interest in the land and he acquired no further title by grant in any form. He could have acquired title' to the whole of the land only by adverse possession. When he moved on the land he made improvements on both the land and the buildings and operated the farm in a manner consistent with his ownership, but we fail to find in the record where the occupancy of John Clark, from 1926 until October 11, 1943, was ever hostile or inconsistent with the cotenancy of the unconveyed five-eighths interest. He therefore could not have held adversely. Hannah v. Littrell, 304 Ky. 304, 200 S.W.2d 729. The deed, therefore,. from John Clark to Mae Clark in 1943 conveyed only the three-eighths in*858terest that John Clark acquired by deed from the three heirs.

Let us now consider Mae Clark’s claim to title by adverse possession. We have already determined that John Clark’s holding was not adverse to the cotenancy. We then need only to consider Mae Clark’s holding after the time of her deed from John Clark, October 11, 1943. Calendar computation discloses that fifteen years has not elapsed from the time of her deed until the filing of this action on August 15, 1956, and her claim of title by adverse possession must therefore fail. It will not be necessary, therefore, to determine whether her occupancy was so hostile and inconsistent with cotenancy as to put the joint owners on notice of an ouster. It is our conclusion that the land is jointly owned by the plaintiffs and defendant and that the trial court erred in not ordering a sale of the property. We do not in this opinion propose to pass upon any other questions involved in the action. The judgment is reversed for proceedings not inconsistent with this opinion.