alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ALVARO QUEZADA,

 Plaintiff - Appellant,

 v.

A. HERRERA; et al.,

 Defendants - Appellees.

No. 12-16886

D.C. No. 1:10-cv-00483-AWIGBC

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Anthony W. Ishii, District Judge, Presiding

Submitted May 14, 2013** 

Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.

California state prisoner Alvaro Quezada appeals pro se from the district

court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants

retaliated and conspired against him. We have jurisdiction under 28 U.S.C.

FILED

MAY 22 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 12-16886

§ 1291. We review de novo a dismissal under 28 U.S.C. § 1915A. Weilburg v.

Shapiro, 488 F.3d 1202, 1205 (9th Cir. 2007). We affirm. 

The district court properly dismissed Quezada’s retaliation claims because

Quezada failed to allege facts showing that defendants acted with retaliatory intent,

and that their actions did not advance a legitimate correctional purpose. See

Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005) (setting forth the

elements of a retaliation claim under § 1983).

The district court properly dismissed Quezada’s conspiracy claims because

Quezada failed to allege facts showing that defendants agreed to violate his

constitutional rights. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (“A pleading

that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a

cause of action’” is insufficient to survive a motion to dismiss. (citation omitted));

Crowe v. County of San Diego, 608 F.3d 406, 440 (9th Cir. 2010) (a conspiracy

claim requires the existence of an agreement or meeting of the minds to violate

constitutional rights). 

The district court properly dismissed Quezada’s claim that defendants

improperly reviewed his grievance appeals because there is no constitutional right

to receive a particular type of review of a prison grievance. See Ramirez v. Galaza,
3 12-16886

334 F.3d 850, 860 (9th Cir. 2003) (“[I]nmates lack a separate constitutional

entitlement to a specific prison grievance procedure.”). 

Quezada’s contentions that he was prevented from filing objections to the

magistrate judge’s findings and recommendations, and that the district court failed

to rule on his motions for a protective order and for extensions of time, are

unpersuasive. 

Quezada’s request to consolidate this case with another pending appeal, set

forth in his opening brief, is denied.

AFFIRMED.
Exhibit 10.A



 EXHIBIT (10)(a) 
  
 CONSENT OF INDEPENDENT AUDITORS 
  









 Consent of Independent Auditors 
  
 We consent to the reference to our firm under the caption “Independent Auditors” in the Statement of Additional Information and to
the use of our report dated February 13, 2004, with respect to the statutory-basis financial statements and schedules of Western Reserve Life Assurance Co. of Ohio, included in Pre-effective Amendment No. 1 to the Registration Statement (Form N-4
No. 333-112089) and related Prospectus of Separate Account VA V. 
  
 Ernst & Young LLP 
  
 Des Moines, Iowa

 June 24, 2004
Exhibit 31.1**CERTIFICATION**I, C. Jayson Brentlinger, certify that:1. I have reviewed this Report on Form 10-KSB/A of Circuit Research Labs, Inc.; 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 included inthis 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 thisreport; 4. The registrant’s other certifying officer(s) 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;  (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; and5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): (a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and  (b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.Date:April 21, 2006.                                                           /s/ C. Jayson Brentlinger   C. Jayson Brentlinger   Chief Executive Officer
**Exhibit32.2**

**CERTIFICATIONPURSUANT TO**

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

**ASCREATED BY**

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

The undersigned officerof Stratagene Corporation (“Stratagene” or the “Company”) hereby certifiesthat:

(i) the accompanyingquarterly report on Form 10-Q of the Company for the quarter ended March 31,2007 (the “Report”) fully complies with the requirements of Section 13(a) or15(d), as applicable, of the Securities Exchange Act of 1934, as amended (the “ExchangeAct”); and

(ii) the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.
| Date: May 15, 2007 | By:    | /s/ Steve R.  Martin                       |   |
|--------------------|--------|--------------------------------------------|--------|
|               |   | Steve R. Martin                            |
|               |   | Vice President and Chief Financial Officer |

 

This certification is provided solely pursuant to 18U.S.C. Section 1350 and Item 601(b)(32) of Regulation S-K (“Item 601(b)(32)”)promulgated under the Securities Act of 1933, as amended (the “Securities Act”),and the Exchange Act. In accordance with clause (ii) of Item 601(b)(32), thiscertification (A) shall not be deemed “filed” for purposes of Section 18 of theExchange Act or otherwise subject to the liability of that section and (B)shall not be deemed to be incorporated by reference into any filing under theSecurities Act or the Exchange Act, except to the extent that the Companyspecifically incorporates it by reference.

A signed original of this written statement requiredby Section 906 has been provided to Stratagene and will be retained byStratagene and furnished to the Securities and Exchange Commission or its staffupon request.

----
Exhibit
32





Certification


Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002


(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18,
United States Code)





Pursuant to section 906 of the Sarbanes-Oxley Act of 2002
(subsections (a) and (b) of section 1350, chapter 63 of title 18,
United States Code), each of the undersigned officers of MabVax
Therapeutics Holdings, Inc., does hereby certify, to such
officer’s knowledge, that:





The Quarterly Report on Form 10-Q/A of MabVax Therapeutics Holdings, Inc. for the
three and nine months ended September 30, 2018, fully complies with
the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and the information contained in the Form
10-Q fairly presents, in all material respects, the financial
condition and results of operations of MabVax Therapeutics
Holdings, Inc.





Date:
March 29, 2019

By:
/s/ J. David
HansenJ.
David HansenChief
Executive Officer (Principal
Executive
Officer)Date:
March 29, 2019

By:
/s/ Gregory P.
HansonGregory
P. HansonChief
Financial Officer (Principal
Financial
and Accounting Officer)





A signed original of this written statement required by Section 906
has been provided to the Company and will be retained by the
Company and furnished to the Securities and Exchange Commission or
its staff upon request.
**EXHIBIT 24.6**

**POWER OF ATTORNEY**

**(Annual Report on Form 10-K)**

The undersigned, an officer and/or director of Electro Scientific Industries, Inc., constitutes and appoints Nicholas Konidaris, Paul Oldham and KerryMustoe, and each of them, his or her true and lawful attorney and agent to do any and all acts and things and execute in his or her name as an officer or director of the Company the Annual Report on Form 10-K for the year ended April 3,2010 and any and all amendments thereto, and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission; and the undersigned does hereby ratify and confirm all that saidattorneys and agents and each of them shall do or cause to be done by virtue hereof. Any one of said attorneys or agents shall have, and may exercise, all powers conferred. 

Dated: May 12, 2010.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 58 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 58

      To increase the role of the Secretary of Transportation in 
  administering section 901 of the Merchant Marine Act, 1936, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

  Mr. Inouye introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
      To increase the role of the Secretary of Transportation in 
  administering section 901 of the Merchant Marine Act, 1936, 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. TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT PERSONNEL 
              AND CERTAIN CARGOES.

    Section 901(b)(2) of the Merchant Marine Act, 1936 (46 U.S.C. App. 
1241(b)(2)), is amended to read as follows:
    ``(2)(A) The Secretary of Transportation shall have the sole 
responsibility for determining and designating the programs that are 
subject to the requirements of this subsection. Each department or 
agency that has responsibility for a program that is designated by the 
Secretary of Transportation pursuant to the preceding sentence shall, 
for the purposes of this subsection, administer such program pursuant 
to regulations promulgated by such Secretary.
    ``(B) The Secretary of Transportation shall--
            ``(i) review the administration of the programs referred to 
        in subparagraph (A); and
            ``(ii) on an annual basis, submit a report to Congress 
        concerning the administration of such programs.''.
                                 <all>
```
#### GEORGE WASHINGTON LIFE INSURANCE CO. OF CHARLESTON, West Virginia, Appellant, v. Steven L. HUTCHCRAFT, Appellee.

Court of Appeals of Kentucky.

Oct. 4, 1957.

Scott Reed, Lexington, for appellant.

Wheeler B. Boone, Lexington, for appel-lee.'

PER CURIAM.

We have before us a motion for appeal from a $657.50 judgment awarded the plaintiff as hospital benefits under an insurance policy issued by defendant appellant.

Plaintiff was operated on for a peptic ulcer. Defendant contends that this “sickness” did not originate after the policy became effective and that plaintiff misrepresented he was in good health at the time it was issued. The evidence indicates that many years ago the plaintiff may have suffered a temporary stomach trouble and he may have known at one time that he had a duodenal ulcer. There was a conflict in evidence as to the nature of plaintiff’s prior ailment, his knowledge, and its relationship to the condition which resulted in his operation.

*765The case was tried without a jury, and the trial court found the plaintiff was within the coverage of the policy and that he had not misrepresented. An examination of the evidence convinces us that the trial judge correctly resolved the issues, and certainly his findings of fact were not clearly erroneous under CR 52.01.

The motion for appeal is denied, and the judgment stands affirmed.
<PAGE>
                                                                    EXHIBIT 23-1

                        CONSENT OF INDEPENDENT AUDITORS

    We consent to the incorporation by reference in the Registration Statements
Form S-8 No. 333-09729 and Form S-8 No. 333-58171 pertaining to the 1996 Stock
Incentive Plan and the 1996 Non-Employee Director Stock Option Plan of Donna
Karan International Inc. of our report dated March 21, 2000, with respect to the
consolidated financial statements and schedule of Donna Karan International Inc.
included in its Annual Report (Form 10-K) for the year ended January 2, 2000.

New York, New York
March 21, 2000
Exhibit 23.2


SNODGRASS
Certified Public Accountants and Consultants


Board of Directors
Belmont Bancorp

     We consent to incorporation  by reference in the registration  statement of
Belmont Bancorp. on Form S-2 (Registration No 333-91035) of our report dated May
19,  1999 on our  audits of the  consolidated  financial  statements  of BELMONT
BANCORP  and  subsidiaries  as of  December  31,  1998 and for the  years  ended
December 31, 1998,  and 1997,  which report is included in the Annual  Report on
Form 10-K of Belmont Bancorp. for the year ended December 31, 1999.


/s/ S. R. SNODGRASS, A.C.

Wheeling, West Virginia
April 13, 2000


                                      E-11
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### 500 1000 1500 100 18 12 06 00 08/02 

## NOAA HYSPLIT MODEL 

# Backward trajectory ending at 2300 UTC 02 Aug 06

EDAS Meteorological DataSource★at 38.86 N 77.06 WMeters AGL 

## ★ ■ ■ ■ ■


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## ★ ● ● ● ●


## ★ ● ● ● ●
Exhibit 32.1 Certification pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley act of 2001.In connection with the Quarterly Report of Gulf Coast Oil & Gas, Inc. (the “Company”) on Form10-QSB for the period ended June 30, 2005, as filed with the Securities and Exchange Commission onthe date hereof (the “Report”), I, Rahim Rayani, President of the Company, certify, pursuant to 18U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:The Report fully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; andThe information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.   Dated: August 20, 2005    /s/ Rahim Rayani     Rahim Rayani, President
RECORD OF CONTACT WITH OUTSIDE PARTY TO 

DISCUSS ISSUES RELATED TO 

INFORMAL RULEMAKING

Th

AGENCY KEEPING 

RULEMAKING DOCKET

Employment and Training Administration/Office of 

Apprenticeship, Department of Labor

TITLE OF RULE Apprenticeship Programs; Equal Employment Opportunity, 

RIN 1205-AB59

STAGE OF RULEMAKING Notice of Proposed Rulemaking Issued, Comment Period Open

DATE OF DISCUSSION

January 15, 2016

NATURE OF DISCUSSION

PHONE X MEETING __ EMAIL _____ 

Party(ies)/Title(s)/Organization(s) Present or Represented

NAME TITLE/ORGANIZATION

Rick S. Terven. Sr. Exec VP, United Assoc. of Journeymen and Apprentices of the Plumbing 

and Pipefitting Industry of the United States and Canada

Lou Malone Attorney, O’Donoghue & O’Donoghue

Department of Labor Representatives Participating

NAME TITLE

John Ladd Administrator, Office of Apprenticeship, ETA

Alison Zelman Director, Office of Public Engagement

Keir Bickerstaffe Counsel, Office of the Solicitor / Division of Civil Rights and LaborManagement

Description of Factual Materials or Information Presented

Outside parties informed DOL that it wished to discuss the pending rule. A call was arranged, at which 

outside parties discussed the cost of the proposed rule, proposals for utilization goals, and direct entry 

programs. DOL officials informed the outside parties that only those comments submitted through the 

public rulemaking docket would be considered in drafting the final rule and encouraged the outside parties 

to submit their comments through that mechanism.
**EXHIBIT 23**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

The Board of Directors

Electro Scientific Industries, Inc.: 

We consent to the incorporation by reference in the registration statements (Nos. 33-58292, 33-65477, 333-35927, 333-84552 and 333-88727) on Form S-3 and registration statements (Nos. 2-91731, 33-2623, 33-2624, 33-34098, 33-37148, 33-46970,33-70584, 33-63705, 333-16485, 333-16487, 333-29513, 333-35917, 333-46443, 333-55060, 333-67356 and 333-88411) on Form S-8 of Electro Scientific Industries, Inc. of our reports dated August 14, 2006, with respect to the consolidated balancesheets of Electro Scientific Industries, Inc. as of June 3, 2006 and May 28, 2005 and the related consolidated statements of operations, shareholders’ equity and comprehensive income, and cash flows for each of the years in thethree-year period ended June 3, 2006, management’s assessment of the effectiveness of internal control over financial reporting as of June 3, 2006 and the effectiveness of internal control over financial reporting as of June 3,2006, which reports appear in the June 3, 2006 annual report on Form 10-K of Electro Scientific Industries, Inc. 

/s/KPMG LLP 

Portland, Oregon 

August 14, 2006
EXHIBIT 31.1 

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 302**

**OF THE SARBANES OXLEY ACT OF 2002**

 

I,Jeffrey D. Hoyal, President and Chief Executive Officer, certify that: 

 

1.    I have reviewed this quarterly report on Form 10-QSB of Raybor Management Inc.; 

 

2.    Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which such statements were made, not misleading with respect the period covered by this quarterly report; 

 

3.    Based on my knowledge, the financial statements, and other financial information included in this quarterlyreport, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report; 

 

4.    The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have: 

 

(a)    designed such disclosure controls and procedures or caused such disclosure controls andprocedures to be designed under our supervision to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in whichthis quarterly report is being prepared; 

 

(b)    evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the 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 internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter the registrant’s fourth fiscalquarter in the case of an annual report) that has materially affected, or is reasonably likely to affect, the registrant’s internal control over financial reporting; and 

 

5.    The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and the audit committee of registrant’s board of directors (or persons performing the equivalent function): 

 

(a)    all significant deficiencies and materialweaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

(b)    any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’s internal controls over financial reporting. 

 

Date: November 14, 2003
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-7086
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus FELIX ORIAKHI, Defendant - Appellant.

No. 97-7087
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus FELIX ORIAKHI, Defendant - Appellant. Appeals from the United States District Court for the District of Maryland, at Baltimore. Frank A. Kaufman, Senior District Judge. (CR-90-72-K, CA-97-656-K)2 Submitted: October 23, 1997 Decided: November 17, 1997 Before HAMILTON and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion.Felix Oriakhi, Appellant Pro Se. Katharine Jacobs Armentrout, Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).3 PER CURIAM:Appellant seeks to appeal the district court's orders dismissing without prejudice his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997), and denying his motion for stay (No. 97- 7087), and denying his motion for evidentiary hearing (No. 97-7086). We have reviewed the record and the district court's opinions and find no reversible error. Accordingly, we deny certificates of appealability and dismiss the appeals on the reasoning of the district court. United States v. Oriakhi , Nos. CR-90-72-K; CA97-656-K (D. Md. May 20, June 12 & July 23, 1997). We reject Appellant's contention raised on appeal regarding the competence of the district court judge as wholly conclusory. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED