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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SAMUEL WINDHAM, Jr., 

Plaintiff-Appellant, 

 v. 

MANUEL SABIN; ZITONG YUN, R.N., 

Defendants-Appellees.

No. 17-17113 

D.C. No. 2:15-cv-01058-MCECKD 

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

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

Submitted May 15, 2018**

Before: SILVERMAN, BEA, and WATFORD, Circuit Judges 

California state prisoner Samuel Windham, Jr. appeals pro se from the 

district court’s summary judgment in his 42 U.S.C. § 1983 action alleging 

deliberate indifference to his serious medical needs. We have jurisdiction under 28 

U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th 

 

* 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

MAY 23 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 17-17113 

Cir. 2004). We affirm.

The district court properly granted summary judgment because Windham 

failed to raise a genuine dispute of material fact as to whether defendants were 

deliberately indifferent in the treatment of Windham’s leg skin grafts. See id. at 

1057-60 (a prison official is deliberately indifferent only if he or she knows of and 

disregards an excessive risk to inmate health; a difference of opinion concerning 

the course of treatment, medical malpractice, and negligence in diagnosing or 

treating a medical condition do not amount to deliberate indifference). 

The district court did not abuse its discretion by denying Windham’s motion 

for appointment of counsel because Windham did not demonstrate exceptional 

circumstances. See Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (setting 

forth standard of review and “exceptional circumstances” requirement for 

appointment of counsel).

The district court did not abuse its discretion by declining to exercise 

supplemental jurisdiction over Windham’s state law negligence claim. See 

Fichman v. Media Ctr., 512 F.3d 1157, 1162-63 (9th Cir. 2008) (district court does 

not abuse its discretion in declining to exercise supplemental jurisdiction over state 

claims after granting summary judgment on federal claims).

We reject as meritless Windham’s contentions that he stated a colorable 

Fourteenth Amendment claim in his operative complaint, his Seventh Amendment 
3 17-17113 

right to a jury trial was violated, and his procedural due process rights were 

violated when his action was removed without his consent to federal court. 

We do not consider matters not specifically and distinctly raised and argued 

in the opening brief, or arguments and allegations raised for the first time on 

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
Addendum No. 1 to the Phosphate Charter-Party agreement




 Exhibit 10.8 
 CONFIDENTIAL PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION UNDER A CONFIDENTIAL TREATMENT REQUEST, PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED, AND RULE
24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. THE REDACTED TERMS HAVE BEEN MARKED IN THIS EXHIBIT AT THE APPROPRIATE PLACE WITH THREE ASTERISKS [***]. 
 1st Original 
 ADDENDUM NO 1 
 It is hereby mutually agreed and understood that T. KLAVENESS SHIPPING AS as Owners, and MISSISSIPPI PHOSPHATES CORPORATION, as Charterers, have agreed to renew the Charter Party dated June 24, 1999, as follows:

  

	1.	Owners’ style: amended to read KLAVENESS CHARTERING AS, Oslo 

  

	2.	Item 20 Brokerage: amended to read as follows: 

 [***] percent ([***]%) address commission 
 [***] percent ([***]%) to Klaveness Chartering AS

 [***] percent ([***]%) to Trademar, Inc. 
  

	3.	In direct continuation of the present Charter Party dated June 24, 1999 

  

	4.	Quantity of 1,000,000 metric tons in Charterers’ option up to 1,250,000 metric tons per annum of phosphate rock in bulk 

  

	5.	Quantity evenly spread over the contract year. 

  

	6.	Duration of contract: three (3) years, i.e. from July 1, 2005 till June 30, 2008 

  

	7.	Freight rate: US$[***] per metric ton 

  

	8.	Bunker escalation / de-escalation clause is basis US$[***] per metric ton For [***] 

  

	9.	Demurrage rate of US$[***] / half despatch 

  

	10.	Any increase over and above US$[***] for port disbursements in Pascagoula to be for Mississippi Phosphates Corporation’s account 

 All other terms and conditions of the governing Charter Party shall remain unchanged. 
 Date: February 23, 2005 
  

					
	Klaveness Chartering AS	 		  	Mississippi Phosphates Corporation
			
	 /s/    Illegible
	 		  	 /s/    Robert E. Jones
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   SEP-30-2000
<CASH>                                             528,183
<SECURITIES>                                       232,800
<RECEIVABLES>                                        7,074
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                   768,057
<PP&E>                                                   0
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<TOTAL-ASSETS>                                     768,057
<CURRENT-LIABILITIES>                            2,020,843
<BONDS>                                          9,393,572
<PREFERRED-MANDATORY>                               77,570
<PREFERRED>                                              0
<COMMON>                                                 0
<OTHER-SE>                                     (10,723,928)
<TOTAL-LIABILITY-AND-EQUITY>                       768,057
<SALES>                                                  0
<TOTAL-REVENUES>                                    42,824
<CGS>                                                    0
<TOTAL-COSTS>                                      247,884
<OTHER-EXPENSES>                                    93,344
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                 701,100
<INCOME-PRETAX>                                   (999,504)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                               (999,504)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                      (999,504)
<EPS-BASIC>                                         (0.130)
<EPS-DILUTED>                                       (0.130)



</TABLE>
-82 -81 -80 -79 -78 -77 -76 -75

37 38 39 40



### ★

▲ ▲ ▲ ▲



### ★ ▲ ▲ ▲ ▲ 500 1000 1500 500 18 12 06 00 07/09 

### NOAA HYSPLIT MODEL 

## Backward trajectory ending at 2300 UTC 09 Jul 07

EDAS Meteorological DataSource★at 38.77 N 77.11 WMeters AGL
<PAGE>
 
                                                                       Exhibit B
 
     ON Technology Alerts U.S. Attorney to Possible Misappropriation
                                of Company Funds

Cambridge, MA  April 8, 1999 -- Attorneys for ON Technology Corporation today

reported to the U.S. Attorney's office in Boston that an estimated $300,000 in

company funds have been misappropriated. The misappropriation was uncovered

during a routine financial review conducted by the company's director of

finance.

     During the course of the internal investigation, the company's former chief

financial officer, John Bogdan, admitted to misappropriating company funds and

submitted his resignation. It is suspected that the misappropriation occurred

over the past 12 months. At this time, there is no reason to suspect that any

other employees, either current or former, were involved in the

misappropriation.

  "We will fully cooperate with the investigation by the U.S. Attorney's office

and any other law enforcement agencies," said Herman Delatte, chief executive

officer of ON Technology.  "Because of this ongoing investigation, we will not

comment on the exact nature of the misappropriation or the disposition of the

funds."

  The company's outside legal counsel, Epstein, Becker & Green, has contracted

with the forensic audit practice of Ernst & Young to complete a formal

investigation.

  Delatte emphasized that ON Technology is financially sound and that the

missing funds will have little impact on the company's financial statements or

its current cash position.

     "This situation will not adversely affect the company's ability to conduct

business," said Delatte.  "Our employees and management remain committed to

providing our customers with the highest quality products and service."


About ON Technology Corporation

ON Technology is a publicly traded company based in Cambridge, Massachusetts.

Founded in 1985, the company offers ON Command CCM, the leading desktop

management and continuous configuration solution for enterprise networks.  ON

Command CCM provides immediate business value by lowering PC Total Cost of

Ownership (TCO), providing a high level of reliability and availability for

business critical desktops, and accelerating strategic technology initiatives.


Additional information concerning ON Technology Corporation can be found at
www.on.com.
FIRST
      M
& F CORPORATION





**EXHIBIT
      32.2**





**SECTION
      1350 CERTIFICATIONS**





In
      connection with the Quarterly Report of First M&F Corporation (the
“Company”) on Form 10-Q for the period ended March 31, 2008 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, John G.
      Copeland, Chief Financial Officer of the Company, certify, to the best of my
      knowledge and belief, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section
      906 of the Sarbanes Oxley Act of 2002, that:





A.
            The
                Report fully complies with the requirements of Section 13(a) or 15(d)
                of
                the Securities Exchange Act of 1934;
                and





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





Date:  May
      9,
      2008




/s/
                John G. CopelandJohn
                G. CopelandEVP
                & Chief Financial Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-7979

ELLIOTT GAINES,

Plaintiff - Appellant,

versus

JOHN B. METZGER, III; JAMES S. GILMORE, III;

RON ANGELONE; JOHN JABE; GEORGE ALLEN,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior

District Judge. (CA-95-1468-AM)

Submitted: June 28, 1996 Decided: July 26, 1996

Before NIEMEYER and MICHAEL, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Affirmed in part and dismissed in part by unpublished per curiam

opinion.

Elliott Gaines, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order denying relief without prejudice on his complaint regarding his parole denial. We have reviewed the record and the district court's opinion

and find no reversible error. Accordingly, we affirm in part as to

any habeas corpus claims that Gaines raised challenging the actual

denial of parole and seeking release on the reasoning of the district court. Gaines v. Metzger, No. CA-95-1468-AM (E.D. Va. Nov. 9,

1995).

We dismiss the appeal of any claims made under 42 U.S.C.

§ 1983 (1988) challenging the procedures used by the state in

making parole determinations. The district court's dismissal

without prejudice of these claims is not appealable. See Domino

Sugar Corp. v. Sugar Workers' Local Union 392, 10 F.3d 1064,

1066-67 (4th Cir. 1993). In ascertaining whether a dismissal

without prejudice is reviewable in this court, we must determine

"whether the plaintiff could save his action by merely amending the

complaint." Id. A dismissal without prejudice is a final, appealable order only if "no amendment [to the complaint] could cure the

defects in the plaintiff's case." Id. at 1067. Because Appellant

could amend his complaint to specify only challenges to parole

procedures under § 1983, see Greenholtz v. Inmates of Neb. Penal &

Correctional Complex, 442 U.S. 1 (1979), we dismiss the appeal for

lack of jurisdiction because we find that portion of the order is

not appealable.
3

We deny Appellant's motion to appoint counsel and 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.

AFFIRMED IN PART; DISMISSED IN PART
<PAGE>
Exhibit 23.1

               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS



Board of Directors

U.S. Plastic Lumber Corp.

Boca Raton, Florida

We hereby consent to the  incorporation by reference in the Prospectus
constituting a part of the Registration  Statement on Form S-8 (File No.
333-76277) of U.S. Plastic Lumber Corp. of our report dated April 11, 2003,
relating to the 2002 consolidated  financial  statements of U.S. Plastic Lumber
Corp.  appearing in the  Company's  Annual  Report on Form 10-K for the year
ended  December 31, 2002.  Our report  contains an  explanatory  paragraph
regarding the Company's ability to continue as a going concern.

We also consent to the reference to us under the heading "Experts" in the
Prospectus.



BDO Seidman, LLP

Miami, Florida



April 11, 2003
<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  SUCH  FINANCIAL
       STATEMENTS.
</LEGEND>
<MULTIPLIER>                                   1
<CURRENCY>                                     US 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>                                          4,474,786
<SECURITIES>                                            0
<RECEIVABLES>                                     719,212
<ALLOWANCES>                                      250,000
<INVENTORY>                                             0
<CURRENT-ASSETS>                                5,466,828
<PP&E>                                         68,560,932
<DEPRECIATION>                                          0
<TOTAL-ASSETS>                                 75,574,669
<CURRENT-LIABILITIES>                           6,815,517
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                           66,979
<OTHER-SE>                                     57,899,241
<TOTAL-LIABILITY-AND-EQUITY>                   75,574,669
<SALES>                                        24,228,620
<TOTAL-REVENUES>                               24,228,620
<CGS>                                                   0
<TOTAL-COSTS>                                  23,244,753
<OTHER-EXPENSES>                                        0
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                                257,158
<INCOME-PRETAX>                                   726,709
<INCOME-TAX>                                      279,783
<INCOME-CONTINUING>                               446,926
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                      446,926
<EPS-PRIMARY>                                        0.10
<EPS-DILUTED>                                        0.10
        


</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           1,440
<SECURITIES>                                         0
<RECEIVABLES>                                    2,786
<ALLOWANCES>                                        28
<INVENTORY>                                      1,864
<CURRENT-ASSETS>                                 6,682
<PP&E>                                           9,785
<DEPRECIATION>                                  (2,830)
<TOTAL-ASSETS>                                  23,191
<CURRENT-LIABILITIES>                            2,915
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           337
<OTHER-SE>                                      17,489
<TOTAL-LIABILITY-AND-EQUITY>                    23,191
<SALES>                                          5,969
<TOTAL-REVENUES>                                 5,969
<CGS>                                            1,980
<TOTAL-COSTS>                                    5,781
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  55
<INCOME-PRETAX>                                    188
<INCOME-TAX>                                        75
<INCOME-CONTINUING>                                113
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       113
<EPS-PRIMARY>                                     0.02
<EPS-DILUTED>                                        0
        

</TABLE>
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Exhibit 32.2
 Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
  1.
    
    the Quarterly Report on Form 10-Q for the period ended June 30, 2010 as filed
with the Securities and Exchange Commission on the date hereof (the Report) fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934; and2.
    
    the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.
  By:
    /s/ Michael J. McCannMichael J. McCannChief Financial Officer
# CE2004078EN.01082001.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/820 |
| --- | --- | --- | --- |

27.3.2004

EN

Official Journal of the European Union

CE 78/820

---

(2004/C 78 E/0872)

WRITTEN QUESTION E-3488/03

by Albert Maat (PPE-DE) to the Commission

(24 November 2003)

Subject:   Statements by individual Commissioners against Commission policy

Subject:

The Netherlands' Commissioner recently spoke out in the Dutch press against European agriculture policy, recently reformed on the basis of a Commission proposal.

Is it possible for serving Commissioners to oppose Commission policy in public?

Answer given by Mr Prodi on behalf of the Commission

(19 February 2004)

(19 February 2004)

As the Commission has frequently recalled in replies to written and oral questions by Members of Parliament (1), the Members of the Commission are politicians carrying out a political function who, while honouring the obligations imposed by this function, remain free to express their personal opinions quite independently and on their own responsibility.

1

As regards outside activities, the Code of Conduct for Commissioners states that ‘Commissioners may be active members of political parties or trade unions, provided that this does not compromise their availability for service in the Commission.’

In the case referred to by the Honourable Member, the comments of the Commissioner responsible for the internal market should be regarded as falling within the above definition and should not therefore be interpreted as impairing the principle of collegiate responsibility.

---

(1)  See for example, the answers given by the Commission to Questions 2459/99, 2600/99 and 2628/99, OJ C 225 E, 8.8.2000 and the answer to Question 2629/99, OJ C 46 E, 13.2.2001.

1

---