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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

KENNETH WILLIAMS,

Plaintiff-Appellant,

 v.

D. PARAMO; et al.,

Defendants-Appellees.

No. 19-55554

D.C. No. 

3:17-cv-02475-CAB-NLS

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Cathy Ann Bencivengo, District Judge, Presiding

Submitted March 12, 2021** 

San Francisco, California

Before: SILVERMAN, CHRISTEN, and R. NELSON, Circuit Judges.

Kenneth Williams, a California state prisoner, appeals pro se from the

district court’s order granting summary judgment in favor of defendants for failure

to exhaust administrative remedies in his 42 U.S.C. § 1983 action alleging First

FILED

MAR 16 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* 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).
and Fourteenth Amendment violations. We have jurisdiction under 28 U.S.C.

§ 1291. We review de novo the district court’s order granting summary judgment,

Albino v. Baca, 747 F.3d 1162, 1168 (9th Cir. 2014) (en banc), and we affirm.

1

The district court properly granted summary judgment because Williams

failed to exhaust administrative remedies, and failed to raise a genuine dispute of

material fact as to whether administrative remedies were effectively unavailable to

him. See Jones v. Bock, 549 U.S. 199, 211 (2007) (“There is no question that

exhaustion is mandatory under the [Prison Litigation Reform Act] and that

unexhausted claims cannot be brought in court.”); see also Ross v. Blake, 136 S.

Ct. 1850, 1859–60 (2016) (setting forth circumstances when administrative

remedies are deemed unavailable). Williams did not pursue third level review of

his grievance even though he was not fully satisfied with the prison’s response at

the second level. See Brown v. Valoff, 422 F.3d 926, 941–43 (9th Cir. 2005)

(explaining an inmate must fully exhaust administrative remedies when any

remedy remains available to him, even if he has been afforded some measure of

administrative relief). Because Williams did not exhaust available administrative

1 Because the parties are familiar with the facts, we recite only those

facts necessary to resolve the issues on appeal. 

2
remedies, the district court did not err by granting summary judgment in favor of

defendants. See Jones, 549 U.S. at 211. 

On appeal, Williams argues he should have been granted leave to amend his

complaint before the district court entered summary judgment. We conclude

amendment would have been futile because it would not cure Williams’ failure to

exhaust available administrative remedies. Schucker v. Rockwood, 846 F.2d 1202,

1203–04 (9th Cir. 1988) (per curiam) (holding a district court need not grant leave

to amend if it is “absolutely clear that the deficiencies of the complaint could not

be cured by amendment” (internal quotation marks and citation omitted)).

AFFIRMED. 

3
Burlington WA

Corporate Office

1620 S Walnut St - 98233

800.755.9295 $ 360.757.1400 Bellingham WA

Microbiology 805 Orchard Dr Ste 4 - 98225

360.671.0688 Portland OR

Microbiology/Chemistry 9150 SW Pioneer Ct Ste W- 97070

503.682.7802

June 22, 2011 Page 1 of 1

Ms. Chris Allen

Alcoa Warrick Operations

P O Box 10

Newburgh, IN 47629

All samples were analyzed within the accepted holding times, were appropriately preserved and were analyzed according to 

approved analytical protocols. The quality control data was within laboratory acceptance limits, unless specified in the QA 

reports.

Your project: HAP Metals, Hex Chromium, was received on Monday June 06, 2011.

Dear Ms. Chris Allen,

RE: 11-08428 - HAP Metals, Hex Chromium

Respectfully Submitted,

If you have questions phone us at 800 755-9295.

Chain of Custody

QC Reports

Enclosures Data Report

Lawrence J Henderson, PhD

Director of Laboratories

FORM: COVER
II 

117TH CONGRESS 

1ST SESSION S. 2847 

To prohibit the Federal Government from mandating vaccination against 

COVID–19 for interstate travel. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 23, 2021 

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

the Committee on Commerce, Science, and Transportation 

A BILL 

To prohibit the Federal Government from mandating 

vaccination against COVID–19 for interstate travel. 

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 ‘‘Let Me Travel America 

5 Act’’. 

6 SEC. 2. LIMITATION ON AUTHORITY OF SURGEON GEN7 ERAL. 

8 Section 361 of the Public Health Service Act (42 

9 U.S.C. 264) is amended by adding at the end the fol10 lowing: 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 2847 IS

1 ‘‘(f) Nothing in this section shall be construed to pro2 vide the Surgeon General, the Secretary of Health and 

3 Human Services, or any Federal agency with the authority 

4 to mandate vaccination against Coronavirus Disease 2019 

5 (COVID–19) as a prerequisite for interstate travel, trans6 portation, or movement.’’. 

7 SEC. 3. INTERSTATE COMMON CARRIERS. 

8 (a) IN GENERAL.—Chapter 805 of title 49, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 80505. COVID–19 vaccination status 

12 ‘‘(a) IN GENERAL.—An entity described in subsection 

13 (b) may not deny service to any individual solely based 

14 on the vaccination status of the individual with respect 

15 to the Coronavirus Disease 2019 (COVID–19). 

16 ‘‘(b) ENTITY DESCRIBED.—An entity referred to in 

17 subsection (a) is a common carrier or any other entity, 

18 including a rail carrier (as defined in section 10102, in19 cluding Amtrak), a motor carrier (as defined in section 

20 13102), a water carrier (as defined in that section), and 

21 an air carrier (as defined in section 40102), that— 

22 ‘‘(1) provides interstate transportation of pas23 sengers; and 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 2847 IS

1 ‘‘(2) is subject to the jurisdiction of the Depart2 ment of Transportation or the Surface Transpor3 tation Board under this title. 

4 ‘‘(c) SAVINGS PROVISION.—Nothing in this section 

5 applies to the regulation of intrastate travel, transpor6 tation, or movement, including the intrastate transpor7 tation of passengers.’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for chap9 ter 805 of title 49, United States Code, is amended by 

10 inserting after the item relating to section 80504 the fol11 lowing: 

‘‘80505. COVID–19 vaccination status.’’. 

12 SEC. 4. RULE OF CONSTRUCTION. 

13 Nothing in this Act, or an amendment made by this 

14 Act, shall be construed to permit or otherwise authorize 

15 Congress or an executive agency to enact or otherwise im16 pose a COVID–19 vaccine mandate. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
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 Unigene Laboratories, Inc. (the Company) on Form 10-Q for the period ended March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, William
Steinhauer, Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 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 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 results of operations of the Company.



|                                                     
|-----------------------------------------------------
|/s/ William Steinhauer                               
|William Steinhauer                                   
|Vice President of Finance Principal Financial Officer
|May 11, 2009                                         

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

Exhibit 32.1

CERTIFICATION PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

I, Platon Tzouvalis, hereby certify, pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that:

|1. | the quarterly report on Form 10-Q of Acrongenomics Inc.
      for the period ended March 31, 2011 (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 results of
      operations of Acrongenomics Inc.                                                                 

June 4, 2012

| | /s/ Platon
    Tzouvalis     
| | -----------------------------
| | Platon
      Tzouvalis       
| | President and Director       
| | (Principal Executive Officer)

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

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Consolidated
Capital Institutional Properties 1997 First Quarter 10-Q and is qualified in its
entirety by reference to such 10-Q filing.
</LEGEND>
<CIK> 0000352983
<NAME> CONSOLIDATED CAPITAL INSTITUTIONAL PROPERTIES
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                           8,421
<SECURITIES>                                         0
<RECEIVABLES>                                   92,825
<ALLOWANCES>                                  (40,686)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                          30,745
<DEPRECIATION>                                 (3,612)
<TOTAL-ASSETS>                                  88,931
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                          4,486
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      83,475
<TOTAL-LIABILITY-AND-EQUITY>                    88,931
<SALES>                                              0
<TOTAL-REVENUES>                                 3,004
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 2,118
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  81
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       886
<EPS-PRIMARY>                                     4.41<F2>
<EPS-DILUTED>                                        0
<FN>
<F1>Registrant has an unclassified balance sheet.
<F2>Multiplier is 1.
</FN>
        

</TABLE>
# OPPT-2011-0941 Sanitized: Does NOT Contain Confidential Business Information 

## SANITIZED**C35d-~L-\d--** Docket Identification Number EPA-HQ-OPPT-2011-0941 Inthe January 23, 2013, 78 Fed. Reg. 4806, the EPA issued a proposedrule to promulgate a significant newuse rule (SNUR) under section 5(a)(2) ofTSCA for PMN P-07-204, which is associated withthe chemical name "pentane 1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3- hexafluoropropoxy)-" CAS# 870778-34-0. Inthe event no comments are received, EPA intends to codify the SNURfor P-07-204 at 40CFR 721.10509. 3M Company respectfully opposes the SNURas currently written for P-07-204 and is requesting EPA modify the language ofthe SNUR for the following reason. The proposed SNUR for P-07-204 inadvertently and improperly defines as a "significantnew use" an existing and ongoing non-exempt use ofthe PMN substance. 3Mproposes that the existing commercial use as an [ ] be included as an allowed use ofP-07-204 in the SNURto be codified at 40 CFR721.10509, since such industrial use is not "new". The proposed SNUR for P-07-204 references the requirements of40CFR721.80G) which defines as a significant newuse ofthe PMN substance any use otherthan as described in the PMN with an additional use allowance specified as; "applies specificallyto the confidential uses identified inthe amended premanufacture notice (PMN)." 3M, however, has been commercially using the substance otherthan as described inthe PMN or its amendments, specifically as an [ ] since 2008. This commercial use was initiated after the PMN reviewperiod and after 3M filed its Notice ofCommencementbutpriorto issuance ofthe final direct SNUR on September 21, 2012, 77 Fed. Reg. 58666 which 3Mrespectfully objected to on October 22, 2012. [ ] 3M would also like to make EPA aware that several health and safety studies have been completed onthe substance since the PMN review closed which 3M will be submitting as an FYI to the P-07-204 docket via CDX. Forthe foregoing reasons, 3Mrespectfully opposes and requests EPA to modify the language of the proposed SNURfor P-07-204 to accommodate all existing commercial uses ofthe substance. 3M looks forward to working with the Agency to provide any additional information needed and to develop an appropriate SNURproposal for P-07-204.

11111111111111111111111111111111111111111111111111111111111111111111111111 63130000021/S
Exhibit 21.1
 SUBSIDIARIES OF OPLINK COMMUNICATIONS, INC.
 Name of Entity
    
    Jurisdiction of FormationAccumux Technologies, Inc.
    
    CaliforniaCayman Oplink Communications, Inc.
    
    Cayman IslandsF3 Inc.
    
    TaiwanKing Galaxy International Limited
    
    British Virgin IslandsOCP Asia, Inc.
    
    TaiwanOCP Asia Investment, Inc.
    
    TaiwanOplink Communications (HK) Limited
    
    Hong KongOplink Macau Commercial Services Company Limited
    
    Macau, ChinaOptical Communication Products (Europe) Ltd
    
    United KingdomOptical Communication Products, Inc.
    
    DelawareShanghai Oplink Communications, Inc.
    
    Shanghai, ChinaTaiwan Oplink Communications, Inc.
    
    TaiwanZhuhai FTZ Oplink Communications, Inc.
    
    Zhuhai, ChinaZhuhai
FTZ Oplink Optical Communications, Inc.
(formerly Zhuhai Oplink Communications, Inc.)
    
    Zhuhai, China
# C_2016074EN.01000301.xml

| 26.2.2016 | EN | Official Journal of the European Union | C 74/3 |
| --- | --- | --- | --- |

26.2.2016

EN

Official Journal of the European Union

C 74/3

---

Euro exchange rates (1)

1

25 February 2016

(2016/C 74/04)

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1027 |
| JPY | Japanese yen | 124,01 |
| DKK | Danish krone | 7,4617 |
| GBP | Pound sterling | 0,78920 |
| SEK | Swedish krona | 9,3808 |
| CHF | Swiss franc | 1,0935 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,5413 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,052 |
| HUF | Hungarian forint | 310,86 |
| PLN | Polish zloty | 4,3581 |
| RON | Romanian leu | 4,4673 |
| TRY | Turkish lira | 3,2248 |
| AUD | Australian dollar | 1,5292 |
| CAD | Canadian dollar | 1,5025 |
| HKD | Hong Kong dollar | 8,5676 |
| NZD | New Zealand dollar | 1,6487 |
| SGD | Singapore dollar | 1,5463 |
| KRW | South Korean won | 1 366,74 |
| ZAR | South African rand | 17,1657 |
| CNY | Chinese yuan renminbi | 7,2026 |
| HRK | Croatian kuna | 7,6220 |
| IDR | Indonesian rupiah | 14 787,76 |
| MYR | Malaysian ringgit | 4,6500 |
| PHP | Philippine peso | 52,532 |
| RUB | Russian rouble | 83,9575 |
| THB | Thai baht | 39,322 |
| BRL | Brazilian real | 4,3527 |
| MXN | Mexican peso | 20,0011 |
| INR | Indian rupee | 75,9485 |

Currency

Exchange rate

USD

US dollar

1,1027

JPY

Japanese yen

124,01

DKK

Danish krone

7,4617

GBP

Pound sterling

0,78920

SEK

Swedish krona

9,3808

CHF

Swiss franc

1,0935

ISK

Iceland króna

NOK

Norwegian krone

9,5413

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,052

HUF

Hungarian forint

310,86

PLN

Polish zloty

4,3581

RON

Romanian leu

4,4673

TRY

Turkish lira

3,2248

AUD

Australian dollar

1,5292

CAD

Canadian dollar

1,5025

HKD

Hong Kong dollar

8,5676

NZD

New Zealand dollar

1,6487

SGD

Singapore dollar

1,5463

KRW

South Korean won

1 366,74

ZAR

South African rand

17,1657

CNY

Chinese yuan renminbi

7,2026

HRK

Croatian kuna

7,6220

IDR

Indonesian rupiah

14 787,76

MYR

Malaysian ringgit

4,6500

PHP

Philippine peso

52,532

RUB

Russian rouble

83,9575

THB

Thai baht

39,322

BRL

Brazilian real

4,3527

MXN

Mexican peso

20,0011

INR

Indian rupee

75,9485

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
<PAGE>

                                                                    EXHIBIT 31.2

                                  CERTIFICATION

I, Richard V. Secord, certify that:

1. I have reviewed this annual report on Form 10-KSB for the year ending June
30, 2005 of Computerized Thermal Imaging, Inc.;

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

3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, 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 annual report;

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
registrant and have:

                  a) designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed under my supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to me by others within those entities,
particularly during the period in which this annual report is being prepared;

                  b) evaluated the effectiveness of the registrant's disclosure
controls and procedures and presented in this annual report my conclusions about
the effectiveness of the disclosure controls and procedures, as of the end of
the period covered by this annual report based on such evaluation; and

                  c) disclosed in this annual 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 fiscal quarter
in the case of an annual report) that has materially affected, or is reasonably
likely to materially affect, the registrant's internal control over financial
reporting.

5. I have disclosed, based on my most recent evaluation of internal control over
financial reporting, auditors and the registrant's board of directors (or
persons performing the equivalent function):

                  a) all significant deficiencies 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 involves
management or other employees who have a significant role in the registrant's
internal controls.


Date: October 27, 2005

                                                 /s/  Richard V. Secord
                                                 ----------------------
                                                 Richard V. Secord
                                                 Acting Chief Financial Officer
# C_2016306EN.01000102.xml

| 23.8.2016 | EN | Official Journal of the European Union | C 306/1 |
| --- | --- | --- | --- |

23.8.2016

EN

Official Journal of the European Union

C 306/1

---

Non-opposition to a notified concentration

(Case M.7946 — PAI/Nestlé/Froneri)

(Text with EEA relevance)

(2016/C 306/02)

On 14 July 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in the English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7946. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7946. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
JASON D. RESER,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D15-4559

_____________________________/

Opinion filed November 17, 2016.

An appeal from the Circuit Court for Leon County.

Terry P. Lewis, Judge.

Jeffrey E. Lewis, Criminal Conflict & Civil Regional Counsel, Region One, and 

Melissa J. Ford, Assistant Regional Conflict Counsel, Tallahassee, for Appellant; 

Jason D. Reser, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

WOLF, BILBREY, and M.K. THOMAS, JJ., CONCUR.