alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Kareem MUHAMMAD, Plaintiff-Appellant, v. CITY OF BAKERSFIELD; et al., Defendants-Appellees.

No. 14-17487

United States Court of Appeals, Ninth Circuit.

Submitted December 14, 2016 *

Filed December 22, 2016

Kareem Muhammad, Pro Se

Heather Sharon Cohen, Attorney, Michael George Marderosian, Attorney, Marderosian, Cercone & Cohen, Fresno, CA, Virginia Anne Gennaro, Esquire, Chief Counsel, Bakersfield, CA, for Defendants-Appellees

Before: WALLACE, LEAVY, and FISHER, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2).

MEMORANDUM ***

Kareem Muhammad appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1988 action alleging excessive force, unlawful arrest, and related state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. *Bruce v. Ylst,*351 F.3d 1283, 1287 (9th Cir. 2003). We affirm.

The district court properly concluded that Muhammad’s action was barred by *Heck v. Humphrey,*512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), because a judgment in Muhammad’s favor would necessarily imply the invalidity of his criminal conviction under California Penal Code § 148(a)(1). *See Heck,*512 U.S. at 487, 114 S.Ct. 2364 (§ 1983 action that necessarily implies the invalidity of plaintiffs conviction must be dismissed unless the conviction has been invalidated); *Smith v. City of Hemet,*394 F.3d 689, 699 n.5 (9th Cir. 2005) (en banc) (“[A] jury’s verdict necessarily determines the lawfulness of the officers’ actions throughout the whole course of the defendant’s conduct, and any action alleging the use of excessive force would necessarily imply the invalidity of his conviction.” (citations, internal quotation marks, and emphasis omitted)); *Yount v. City of Sacramento,*43 Cal.4th 885, 76 Cal.Rptr.3d 787, 183 P.3d 471, 484 (2008) (California applies *Heck*principles to state law claims).

We construe the district court’s summary judgment as dismissing the action without prejudice. *See Belanus v. Clark,*796 F.3d 1021, 1025 (9th Cir. 2015) (dismissals under *Heck*are without prejudice).

We do not consider arguments raised for the first time on appeal. *See Padgett v. Wright,*587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).

AFFIRMED.

***

 'j'jjg disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
#### Jay Pettibone, Appellant, *v.*Abel S. Blackmar, Respondent.

(Argued January 10, 1872;

decided May term, 1872.)

C., being the owner of thirty shares of the stock of the Third Rational Bank of Buffalo, sold the same to plaintiff. The by-laws of the bank contained a provision that no, transfer of its stock should be made, without the consent of the board of directors, by a stockholder who was liable to the bank in any manner, and that such liability should be a lien upon the stock. A notice of this provision was contained in the certificate assigned to plaintiff. Plaintiff applied to the bank to have the stock transferred to him upon its books. At that time the bank held a note of C., upon which defendant, who was president of the bank, was accommodation indorser. The bank refused to make the transfer unless the note was paid, and refused to deliver it as a subsisting claim against the indorser. Plaintiff paid the amount of the note and accepted the same from the bank, with the indorsement erased, and a receipt of payment in full written thereon, and the stock was thereupon transferred. *Held,*that the acceptance was an acquiescence by plaintiff in the claim of the bank, that the note should be paid and defendant’s liability as indorser discharged, and that an action could not be maintained against him thereon.

*Williojin H. Greene*for appellant.

*John Ganson*for respondent.

Lott, Ch. 0., reads for affirmance.

Leonard, C., reads for reversal.

All concur for affirmance, except Leonard, C., dissenting.

Order affirmed, and judgment absolute against plaintiff, With costs.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17

- 60380 Summary Calendar

MARIA CASTILLO

- CORREA , Petitioner

v. WILLIAM P. BARR, U.S. ATTORNEY GENERAL , Respondent

Petition s for Review of Order s of the Board of Immigration Appeals BIA No. A089 716 631

Before JOLLY, JONES, and SOUTHWICK, Circuit Judges. PER CURIAM: * Maria Castillo

- Correa petitions for review of a decision of the Board of Immigration Appeals (BIA) dismissing her appeal from an immigration judge’s (IJ) finding that she i s ineligible for cancellation of removal. The IJ’s finding was based on a determination that Castillo

- Correa ’s prior Texas conviction s for theft were crimes involving moral turpitud e (CIMT)

. The BIA dismissed Castillo

- Correa’s appeal based on its decision in Matter of Diaz

- Lizarraga , 26

* Pursuant to 5 TH C IR

. R. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED March 6, 2020 Lyle W. Cayce Cler k Case: 17-60380 Document: 00515334852 Page: 1 Date Filed: 03/06/2020N o. 17

- 60380

2 I. & N. Dec. 847 (BIA 2016) , which altered its prior definition of a theft offense and hel d that the Texas theft statute was a CIMT. Castillo

- Correa also filed a timely petition for review from the BIA ’s denial of her motions for reconsideration and a stay of removal. After the parties filed their briefs, we decided Monteon

- Camargo v. Barr , 918 F.3d 423 (5th Cir. 2019) . In relevant part, we held that the BIA’s definition of a CIMT announced in Diaz

- Lizarraga applie s only to crimes committed after that decision issued. See id

. at 431. Because her own theft convictions occurred many years p rior to Diaz

- Lizarraga , Castillo

- Correa filed an unopposed motion to remand to the BIA for further consideration in light of Monteon

- Camargo

. We have previously recognized that r emand may be appropriate when the BIA’s decision has become unsustainable in light of an intervening change in binding precedent. See Kane v. Holder , 581 F.3d 231, 242 (5th Cir. 2009) ; see also Arce

– Vences v. Mukasey , 512 F.3d 167, 172

- 73 (5th Cir. 2007) (remanding to the BIA for further consideration in light of an intervening Supreme Court decision)

. Accordingly, we GRANT the initial petition for review and REMAND this case to the BIA for further consideration. See Monteon

- Camargo , 918 F.3d at 431. Castillo

- Correa’s unopposed motion to remand is DENIED AS MOOT . Further, her petition for review from the denial of her motion for reconsideration and for a stay of removal also is DENIED AS MOOT

. Case: 17-60380 Document: 00515334852 Page: 2 Date Filed: 03/06/2020
Garron BETHEL v. STATE

CR-16-0244

Court of Criminal Appeals of Alabama.

April 21, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Reh. denied.
#### Michael Byrnes, Respondent, *v.*Raymond A. Balcom, Appellant.

Argued March 9, 1943;

decided April 15, 1943.

*732
      *C. E. Fitzgerald*and *Francis W. McGinley*for appellant.

*Walter A. Fullerton*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.
I 

118TH CONGRESS 

1ST SESSION H. R. 6238 

To require the Secretary of State to report a Government Accountability 

Office High Risk List for weaknesses in the department’s information 

technology acquisitions and operations, human capital management, Federal real property, and personal security clearance of the United States. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 6, 2023 

Mr. BAIRD introduced the following bill; which was referred to the Committee 

on Foreign Affairs 

A BILL 

To require the Secretary of State to report a Government 

Accountability Office High Risk List for weaknesses in 

the department’s information technology acquisitions and 

operations, human capital management, Federal real 

property, and personal security clearance of the United 

States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. IMPLEMENTATION OF GAO HIGH RISK LIST 

4 RECOMMENDATIONS. 

5 (a) IN GENERAL.—The Secretary shall implement 

6 the Government Accountability Office’s High Risk List 


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2 

•HR 6238 IH

1 recommendations as applicable to the Department of State 

2 for— 

3 (1) improving the management of information 

4 technology acquisitions and operations; 

5 (2) improving strategic human capital manage6 ment; 

7 (3) managing Federal real property; 

8 (4) ensuring the cybersecurity of the United 

9 States; and 

10 (5) managing Government-wide personnel secu11 rity clearance process. 

12 (b) REPORT.—Within 90 days of the date of enact13 ment of this Act, the Secretary shall report to the appro14 priate congressional committees the Department of States 

15 progress in implementing all of the Government Account16 ability Office’s High Risk List recommendations as appli17 cable to the Department of State mentioned in subsection 

18 (a). 

19 (c) DEFINITIONS.— 

20 (1) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘‘appropriate congressional com22 mittees’’ means the Committee on Foreign Affairs of 

23 the House of Representatives and the Committee on 

24 Foreign Relations of the Senate. 


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3 

•HR 6238 IH

1 (2) HIGH RISK LIST.—The term ‘‘High Risk 

2 List’’ refers to GAO–08–751, the April 20, 2023, re3 port by the Government Accountability Office titled 

4 ‘‘High-Risk Series: Efforts Made to Achieve 

5 Progress Need to Be Maintained and Expanded to 

6 Fully Address All Areas’’. 

Æ 


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I 

118TH CONGRESS 

1ST SESSION H. R. 6374 

To provide for the issuance of a Veterans Health Care Stamp. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 13, 2023 

Mr. BURGESS (for himself, Mr. ALLRED, Mr. DUNN of Florida, and Mr. 

CROW) introduced the following bill; which was referred to the Committee 

on Oversight and Accountability, and in addition to the Committee on 

Veterans’ Affairs, 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 the issuance of a Veterans Health Care 

Stamp. 

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 ‘‘Veterans Health Care 

5 Stamp Act’’. 

6 SEC. 2. VETERANS HEALTH CARE STAMP. 

7 (a) IN GENERAL.—In order to afford a convenient 

8 way for members of the public to contribute to funding 

9 for the medical care and treatment of veterans, the United 


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2 

•HR 6374 IH

1 States Postal Service shall provide for the issuance and 

2 sale of a special postage stamp which shall be known as 

3 the ‘‘Veterans Health Care Stamp’’. 

4 (b) TERMS AND CONDITIONS.—The issuance and sale 

5 of the Veterans Health Care Stamp shall be governed by 

6 section 416 of title 39, United States Code (as last in ef7 fect, if expired), except that— 

8 (1) all amounts becoming available from the 

9 sale of the stamp shall be transferred to the Depart10 ment of Veterans Affairs in accordance with section 

11 416(d) of such title; and 

12 (2) the stamp— 

13 (A) shall be issued in time for Veterans 

14 Day of each year; 

15 (B) shall bear such illustration, depiction, 

16 design, or other image as the United States 

17 Postal Service shall determine; and 

18 (C) shall not be subject to any numerical 

19 limitation under section 416(e)(1)(C) of such 

20 title. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute on Minority Health and Health Disparities Special Emphasis Panel; HIV Health Disparity Research in Primary Care Settings.                    

*Date:*                         March 30, 2022.                    

*Time:*                         2:00 p.m. to 4:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, Gateway Plaza, 7201 Wisconsin Ave., Bethesda, MD 20817 (Virtual Meeting).                    

*Contact Person:*                         Xinli Nan, M.D., Ph.D., Scientific Review Officer, Division of Scientific Programs, National Institute on Minority Health and Health Disparities, National Institutes of Health, Gateway Building, 7201 Wisconsin Avenue, Bethesda, MD 20892, 301-594-7784,                         *Xinli.Nan@nih.gov.*

Dated: February 16, 2022.

David W. Freeman,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2022-03665 Filed 2-18-22; 8:45 am]

BILLING CODE 4140-01-P
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
<CURRENCY> USD

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             APR-02-2000
<PERIOD-END>                               JUL-01-2000
<EXCHANGE-RATE>                                      1
<CASH>                                          19,302
<SECURITIES>                                         0
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<CGS>                                          636,718
<TOTAL-COSTS>                                  636,718
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              49,330
<INCOME-PRETAX>                                  2,596
<INCOME-TAX>                                       779
<INCOME-CONTINUING>                              1,817
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,817
<EPS-BASIC>                                       0.15
<EPS-DILUTED>                                     0.15


</TABLE>
In-Person Attendees: The Commercial/Industrial Pumps Working Group Meeting Meeting Date: Thursday, June 19, 2014 Name Title Organization Street City State Zip Phone Fax Email Alascio, Jeff Product Group Manager ABB, Inc. 16250 W.Glendale Drive New Berlin WI 53151 262-785-3214262-780-5144 Barbour, Robert R. Vice President - New Business Development TACO, Inc. 583 Bedford Street Fall River MA 02720 401-842-8000 x 822 508-674-6880 Boteler, Robert N/A Nidec Motor Corporation 2488 Annapolis Way St. Charles MO 63303-2905314-422-5270 N/A Cappellino, Charles A. Vice President, Research, Development and Engineering ITT Industrial Process 240 Fall Street Seneca Falls NY 13148 315-568-7174315-568-5737 Case, Greg Senior Vice President - Research TACO, Inc. 1160 Cranston Street Cranston RI 02920 401-942-8000 x 327 401-942-1980 Eckman, Tom Conservation Manager Power Devision Northwest Power and Conservation Council (NPCC) 851 SW Sixth Avenue, Suite 1100 Portland OR 97204-1348503-222-5161 503-820-2370 Fernstrom, Gary Sr. Project Manager CA IOU(s) Pacific Gas & Electric (PG&E) 13055 Parkhurst Drive Oakland CA 94619 510-363-1787N/A Handzel, Mark W. Vice President, Product Regulatory Affairs Applied Water Systems Xylem 8200 North Austin Avenue Morton GroveIL 60053 847-983-5807847-510-0441 Hu, Jiangang Project Engineer, Power Electrical Rockwell Automation 6400 West Interprise Drive Mequon WI 53092 262-512-2418262-512-7181 Huber, Albert F. President Patterson PO Box 790 Toccoa GA 30577 706-886-2101 x 2860 706-886-0023 Mauer, Joanna Technical Advocacy Coordinator Appliance Standards Awareness Project (ASAP) 529 14th Street NW, Suite 600 Washington DC 20045 202-507-4034N/A Potts, Douglas E. Senior Design Engineer American Water 1025 Laurel Oak Road Voorhees NJ 08043 856-727-6131 856-727-6139 Rosenstock, Steven P.E. J. Senior Manager, Energy Solutions Edison Electric Institute (EEI) 701 Pennsylvania Avenue, N.W. Washington DC 20004-2696202-508-5465202-508-5038 Sivigny, Jay Marketing Manager Flowserve Corporation 5310 Taneytown Pike Taneytown MD 21787 410-756-3534410-756-3266 Starr, Louis Codes and Standards Engineer Northwest Energy Efficiency Alliance (NEEA) 421 SW 6th Suite 600 Portland OR 97204 503-688-5438 N/A Towsley, Greg Director Regulatory and Technical Affairs Grundfos Pumps Corporation 17100 West 118th Terrace Olathe KS 66061-6593913-227-3414559-346-6414 Weintraub, Daniel Senior Consultant Navigant Consulting, Inc. 77 South Bedford Street, Suite 400, Burlington MA 01803-5154781-270-8397N/A Williams, Alison Senior Research Associate Lawrence Berkeley National Laboratory (LBNL) One Cyclotron Road, Mailstop: 90-4000, Bldg 90, Room 2113 Berkeley CA 94720 510-495-2548510-486-6996
Exhibit 23.1

CONSENT OF
INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We have issued
our reports dated July 3 , 2008, with respect to the consolidated financial
statements and internal control over financial reporting included in the Annual
Report of Americas Car-Mart, Inc. on Form 10-K for the year ended April 30, 2008.
We hereby consent to the incorporation by reference of said reports in the
Registration Statements of Americas Car-Mart, Inc. on Forms S-8 (File Nos.
33-59519, 33-59527, 33-41960, 33-22590, 33-71090, 333-38475, 333-147915,
333-139270, 333-139269, 333-129727).

|                         | 
|------------------------ | 
|/s/ Grant
 Thornton, LLP | 
|                         | 
|                         | 
|Tulsa, OK                | 
|                         | 
|July 3, 2008             | 

65

---
**Exhibit32.1**

** **

**CertificationPursuant to 18 U.S.C. Section 1350, as Adopted Pursuant toSection 906 of theSarbanes-Oxley Act of 2002**

 

 

Inconnection with the Quarterly Report on Form 10-Q of 3CI Complete ComplianceCorporation (the “Company”) for the quarter ended December31, 2003, as filed with the Securities and Exchange Commission (the “Report”),I, Otley L.Smith III, thePresident and Chief ExecutiveOfficer of the Company,certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

(1) The Report fully complieswith the requirements of section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

 

(2) The information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company.

 
| Date:  February 17, 2004 | /s/  Otley L. Smith III               |   |
|-------------------------------|---------------------------------------|--------|
|                          | Otley L. Smith III                    |
|                          | President and Chief Executive Officer |

 

1

----