alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Rose DUNCAN, Plaintiff-Appellant, v. Megan J. BRENNAN, Postmaster General, Defendant-Appellee.

No. 16-16545

United States Court of Appeals, Ninth Circuit.

Submitted May 24, 2017 *

Filed June 1, 2017

Rose Duncan, Pro Se

Krystal Joy Rosse, Attorney, USLV-— Office of the U.S. Attorney, Las Vegas, NV, for Defendant-Appellee

Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON, Circuit Judges.

*

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

MEMORANDUM **

Rose Duncan appeals pro se from the district court’s judgment dismissing her employment action alleging federal claims against her previous employer. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the district court’s dismissal for failure to serve a summons and complaint in a timely manner. Puett *v. Blandford,*912 F.2d 270, 273 (9th Cir. 1990). We affirm.

*388The district court did not abuse its discretion in dismissing Duncan’s action for failure to effectuate timely service because Duncan failed to show good cause for her non-compliance with the service requirements of Fed. R. Civ. P. 4. Specifically, Duncan did not provide the Ü.S. Marshals with summonses for all of the recipients required under Rule 4(i)(l)-(2) until two months after the district court directly advised her whom to serve, and seven months after the district court’s extension of the service deadline. *See Wei v. Hawaii,*763 F.2d 370, 372 (9th Cir. 1985) (“[Rule 4] places the burden of showing good cause for failure to meet the [service] deadline upon the party on whose behalf service was required.”); *see also Townsel v. Contra Costa County,*820 F.2d 319, 320 (9th Cir. 1987) (“To hold that complete ignorance of [Rule 4] constitutes good cause for untimely service would allow the good cause exception to swallow the rule.”).

The district court did not abuse its discretion in denying Duncan’s first request for appointment of counsel. *See Agyeman v. Corr. Corp. of Am.,*390 F.3d 1101, 1102-03 (9th Cir. 2004) (the decision to appoint counsel is “within the sound discretion of the trial court and is granted only in exceptional circumstances” (citation and internal quotation marks omitted)).

We lack jurisdiction to review the district court’s order denying Duncan’s second request for appointment of counsel. *See Whitaker v. Garcetti,*486 F.3d 572, 585 (9th Cir. 2007) (discussing the requirement to file an amended or new notice of appeal in order to contest an issue arising after filing an earlier notice of appeal).

We reject as without merit Duncan’s contention relating to Brennan’s notice of claim.

AFFIRMED.

**

 This disposition is not appropriate' for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Record of Discussion 

Docket No. FAA-2015- Directorate Identifier: 20 15-CE-025-AD 

With whom outside the FAA has this AD action been discussed (i.e., Design Approval Holder, 

manufacturer, ATA, NBAA, RAA, AOPA, ALPA, GAMA, etc)? 

ORGANiZATION PERSON CONTACTED DATE TOPICS DISCUSSED 

Piper Aircraft Ken Fraley, Eric Wright Multiple Piper assisted in 

developing the corrective 

action and superseding 

service bulletin. 

Other/ Additional Information: 

10
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 Capital Corp of the West (the "Company")
        on Form 10-Q for the quarter ended June 30, 2006 as filed with the Securities
        and Exchange Commission on the date hereof (the "Report"), I, David A. Curtis,
        Interim Chief Financial Officer 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:





(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.

















Date:
                August 9, 2006
            By:/s/
                David A. CurtisDavid
                A. CurtisInterim
                Chief Financial Officer
James BOOTH, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-3772

District Court of Appeal of Florida, Fifth District.

Decision filed March 6, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
TAMMY THEISS

, Appellant,

v.

REEMPLOYMENT ASSISTANCE APPEALS COMMISSION and FANATICS RETAIL GROUP FULFILLMENT INC.

, Appellee s

. 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. 1D 16

- 4639

_____________________________/

Opinion filed July 5, 2017.

An appeal from an order of the Reemployment Assistance Appeals Commission.

Tammy Theiss, pro se, Appellant

.

Cristi na A. Velez, Appellate Counsel , Tallahassee , for Appellee Reemployment Assistance Appeals Commission

.

PER CURIAM.

AFFIRMED.

LEWIS

, WETHERELL
, and WINSOR

, J J

. , CONCUR.
454 A.2d 176

#### Ohls, Appellant v. American International Life Insurance Co.

Argued November 13, 1980.

David M. Moran, for appellant; Joseph S.D. Christof, for appellee.

Before PRICE, CAVANAUGH and HOFFMAN, JJ.

Order affirmed.
Ruben SOTO, Appellant, v. The STATE of Florida, Appellee.

No. 3D18-646

District Court of Appeal of Florida, Third District.

Opinion filed May 30, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
IB 

Union Calendar No. 336 

118TH CONGRESS 

2D SESSION H. R. 6317 

[Report No. 118–409] 

To require the Administrator of the General Services Administration to submit 

a report describing a process for seeking public comment about proposed 

changes to mandatory design standards for public buildings, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 8, 2023 

Ms. TITUS introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

MARCH 6, 2024 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 6317 RH

A BILL 

To require the Administrator of the General Services Administration to submit a report describing a process for 

seeking public comment about proposed changes to mandatory design standards for public buildings, and for 

other purposes. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 6317 RH

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

3 SECTION 1. REVISION OF DESIGN STANDARDS. 

4 (a) IN GENERAL.—Not later than 6 months after the 

5 date of enactment of this section, the Administrator of the 

6 General Services Administration shall revise the process 

7 by which the Administrator updates or changes any P100 

8 guidance document or other guidance document estab9 lishing mandatory design standards and performance cri10 teria for federally owned buildings under the custody of 

11 the Administration. 

12 (b) PROCESS.—The Administrator shall ensure that 

13 the process revised under subsection (a) requires— 

14 (1) a public comment period for any updates or 

15 changes to the documents described in such sub16 section; 

17 (2) publication of such updates or changes in 

18 the Federal Register and on the website of the Gen19 eral Services Administration; and 

20 (3) a summary of any comments received dur21 ing such public comment period. 

22 (c) REPORT.—The Administrator shall submit to the 

23 Committee on Transportation and Infrastructure of the 

24 House of Representatives and the Committee on EnvironVerDate Sep 11 2014 22:03 Mar 06, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6317.RH H6317

kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 6317 RH

1 ment and Public Works of the Senate a report describing 

2 the revisions to the process required under subsection (a). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB

kjohnson on DSK7ZCZBW3PROD with $$_JOB
Union Calendar No. 336 

118TH CONGRESS 

2D SESSION H. R. 6317 

[Report No. 118–409] 

A BILL 

To require the Administrator of the General Servpublic buildings, and for other purposes. posed changes to mandatory design standards for a process for seeking public comment about pro- ices Administration to submit a report describing 

MARCH 6, 2024 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
Exhibit 32.1



TIBCO SOFTWARE INC.



CERTIFICATION PURSUANT TO

18 U.S.C.
SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002



I, Vivek Y. Ranadivé, President and Chief Executive Officer of TIBCO Software Inc. (the Company), do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:



| | (a) | the Annual Report on Form 10-K of the Company for the fiscal year ended November 30, 2005, as filed with the Securities and Exchange Commission (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Dated: February 10, 2006



/s/ VIVEK Y. RANADIVÉVivek Y. RanadivéPresident, Chief Executive Officer andChairman of the Board of Directors
[Federal Register Volume 87, Number 32 (Wednesday, February 16, 2022)]
[Notices]
[Page 8854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03342]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

[CAN 1990470]


Notice of Interest Rate on Overdue Debts

    Section 30.18 of the Department of Health and Human Services' 
claims collection regulations (45 CFR part 30) provides that the 
Secretary shall charge an annual rate of interest, which is determined 
and fixed by the Secretary of the Treasury after considering private 
consumer rates of interest on the date that the Department of Health 
and Human Services becomes entitled to recovery. The rate cannot be 
lower than the Department of Treasury's current value of funds rate or 
the applicable rate determined from the ``Schedule of Certified 
Interest Rates with Range of Maturities'' unless the Secretary waives 
interest in whole or part, or a different rate is prescribed by 
statute, contract, or repayment agreement. The Secretary of the 
Treasury may revise this rate quarterly. The Department of Health and 
Human Services publishes this rate in the Federal Register.
    The current rate of 9\1/8\%, as fixed by the Secretary of the 
Treasury, is certified for the quarter ended December 31, 2021. This 
rate is based on the Interest Rates for Specific Legislation, 
``National Health Services Corps Scholarship Program (42 U.S.C. 
254o(b)(1)(A))'' and ``National Research Service Award Program (42 
U.S.C. 288(c)(4)(B)).'' This interest rate will be applied to overdue 
debt until the Department of Health and Human Services publishes a 
revision.

David C. Horn,
Director, Office of Financial Policy and Reporting.
[FR Doc. 2022-03342 Filed 2-15-22; 8:45 am]
BILLING CODE 4150-28-P
**EXHIBIT 32.2**

**CERTIFICATION PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

**(18 U.S.C. SECTION 1350)**

_____________________________________________________________________________________

In connection with this quarterly report on Form 10-Q of USA Truck, Inc. (the “Company”) for the period ended June 30, 2009 (the “Report”), I, Darron R. Ming, Vice President, Finance and Chief 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 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 results of operations of the Company. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  | July 31, 2009 | By:    | /s/Darron R. Ming                                        |   |
|--------|---------------|--------|----------------------------------------------------------|--------|
|   |          |   | **Darron R. Ming**                                       |   |
|   |          |   | *Vice President, Finance and  Chief Financial Officer*** |   |
|   |          |   | * *                                                 |   |

 

A signed original of this written statement required by Section 906 has been provided to USA Truck, Inc. and will be retained by USA Truck, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
#### Uhuru’ Sekou OBATAIYE-ALLAH, Plaintiff-Appellant, and Denis Rivera, Plaintiff, v. Harold CLARKE, Current Director of the VDOC; David Robinson, Chief of Operations of the VDOC; G. K. Washington, Current Western Regional Operations Chief/Administration of VDOC; Randall Mathena; E. R. Barksdale; Gregory Holloway, Wallens Ridge State Prison; External Review Team, VDOC Review Team; Dual Treatment Team; Unit Management Team, Multi-disciplinary Team; Malcolm E. Taylor; Hamilton, Defendants-Appellees.

No. 16-7413

United States Court of Appeals, Fourth Circuit.

Submitted: April 25, 2017

Decided: May 4, 2017

Uhuru Sekou Obataiye-AIlah, Appellant Pro Se.

Margaret Hoehl O’Shea, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.

Before GREGORY, Chief Judge, and WILKINSON and DUNCAN, Circuit Judges.

*212Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Uhuru’ Sekou Obataiye-AIlah appeals the district court’s order denying relief on his 42 U.S.C. § 1988 (2012) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Obataiye-Allah v. Clarke,*No. 7:15-cv-00230-JPJ-RSB (W.D. Va. Sept. 28, 2016). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED*
#### Xiaoyong An O’NEAL Plaintiff-Appellant v. *323Nancy A. BERRYHILL,1 Acting Commissioner of Social Security; SSA Office of General Counsel Defendants-Appellees

No. 16-3594

United States Court of Appeals, Eighth Circuit.

Submitted: June 29, 2017

Filed: July 6, 2017

Xiaoyong An O’Neal, Pro Se

Jeffrey J. Leifert, Special Assistant U.S. Attorney, Social Security Administration, Office of General Counsel Region VII, Kansas City, MO, Nicholas P. Llewellyn, Assistant U.S. Attorney, U.S. Attorney’s Office, Eastern District of Missouri, Saint Louis, MO, for Defendants-Appellees

Before BENTON, BOWMAN, and SHEPHERD, Circuit Judges.

1

. Nancy A. Berryhill has been appointed to serve as Acting Commissioner of Social Security, and is substituted as appellee pursuant to Federal Rule of Appellate Procedure 43(c).

PER CURIAM.

Xiaoyong An O’Neal appeals an order of the district court2 affirming the Commissioner’s denial of supplemental security income (SSI) following a hearing before an administrative law judge (ALJ). O’Neal argues that the ALJ erred in determining that she is financially ineligible to receive SSI benefits because she is a single individual with “countable resources” in excess of the statutory $2,000 limit. *See*42 U.S.C. § 1382(a); 20 C.F.R. § 416.1201. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

Following de novo review, this court finds no legal error and concludes that substantial evidence in the record as a whole supports the ALJ’s determination. *See Draper v. Colvin,*779 F.3d 556, 559 (8th Cir. 2015).

The judgment is affirmed. *See*8th Cir. R. 47B.

2

. The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri, adopting the report and recommendations of the Honorable John M. Boden-hausen, United States Magistrate Judge for the Eastern District of Missouri.
Cory C. SMITH, Appellant, v. STATE of Florida, Appellee.

No. 4D17-0854

District Court of Appeal of Florida, Fourth District.

[May 17, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
Yolanda ROMERO, Appellant/Petitioner(s), v. Nora CAREY, Appellee/Respondent(s).

CASE NO.: 2D17-4184

District Court of Appeal of Florida, Second District.

October 27, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
(January 20, 2004)

#### In the Matter of Gerald R. Forcier, an Attorney, Respondent. Committee on Professional Standards, Petitioner.

[770 NYS2d 664]

Per Curiam.

Respondent was admitted to practice by this Court in 1994. He maintained an office for the practice of law in the Town of Elizabethtown, Essex County.

Having granted petitioner’s motion for a default judgment on a petition of charges and having heard respondent in mitigation, we now find that, in violation of the attorney disciplinary rules, respondent neglected several legal matters entrusted to him, failed to communicate with his clients, failed to comply with the attorney registration requirements and failed to cooperate with petitioner *(see*Code of Professional Responsibility DR 1-102 [a] [5], [7]; DR 6-101 [a] [3] [22 NYCRR 1200.3 (a) (5), (7); 1200.30 (a) (3)]). Respondent cites personal and family matters in mitigation. We reiterate that attorneys must attend to their clients’ interests punctually and with vigor despite *734distracting and stressful intrusions from personal and family problems *or*advise their clients of their option to obtain other counsel. Likewise, such intrusions do not excuse an attorney’s obligation to promptly and fully cooperate with petitioner or with the attorney registration requirements *(see e.g. Matter of Sexton,*231 AD2d 832 [1996]).

Under the circumstances presented, we order respondent’s censure. We further direct respondent to (1) cooperate with petitioner in the prompt formulation of an order of restitution to the clients whose matters he neglected *(see*Judiciary Law § 90 [6-a]), which order petitioner shall submit for entry by this Court, (2) submit proof to petitioner of his compliance with the attorney registration requirements within 30 days of the date of this decision *(see*Judiciary Law § 468-a; 22 NYCRR part 118), (3) submit proof to petitioner of his application to the New York State Bar Association’s Lawyer Assistance Program within 30 days of the date of this decision, and (4) submit proof to petitioner and this Court, within 60 days of the date of this decision, of the disposition of his application to the Lawyer Assistance Program, following which this Court may make a further order in the matter.

Mercure, J.P., Crew III, Spain, Rose and Kane, JJ., concur. Ordered that respondent is found guilty of the professional misconduct charged and specified in the petition; and it is further ordered that respondent is censured; and it is further ordered that respondent shall cooperate with petitioner and submit the proofs as directed by this decision.
#### In the Matter of the Estate of Amy J. Evans, Deceased. Janet W. Hill, Respondent; Durward R. Evans, as Executor of Amy J. Evans, Deceased, Appellant.

Submitted June 7, 1943;

decided June 18, 1943.

*Howard L. Kuttner*and *Henry M. Wolfson*for motion.

*Janet W. Hill,*in person, and *William J. Gordon*opposed.

Motion dismissed, with ten dollars costs and necessary printing disbursements, on the ground that the order does not finally determine the proceeding within the meaning of the Constitution.
**EXHIBIT 31.1****CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER**Section 302 CertificationI, Mark R. Newburg, certify that:1. I have reviewed this quarterly report on Form 10-QSB of VendingData Corporation;2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances 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 of operationsand cash flows of the small business issuer as of, and for, the periods presented in this report;4. The small business issuer’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the small business issuer and have:a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the small business issuer, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which thisreport is being prepared;b) Evaluated the effectiveness of the small business issuer’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 report basedon such evaluation; andc) Disclosed in this report any change in the small business issuer’s internal controlover financial reporting that occurred during the small business issuer’s fiscal quarterpresented in this report that has materially affected, or is reasonably likely to materiallyaffect, the small business issuer’s internal control over financial reporting; and5. The small business issuer’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to the small business issuer’sauditors and the audit committee of the small business issuer’s board of directors (or personsperforming the equivalent functions):a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe small business issuer’s ability to record, process, summarize and report financial datainformation; andb) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the small business issuer’s internal control over financialreporting.        Date: May 15, 2007 By:  /s/  Mark R. Newburg    Mark R. Newburg, President, Chief Executive Officer        and Treasurer  (Principal ExecutiveOfficer)   
 
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