alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Cristina CHEN; Lesa Hill; Akweta Clemmer, Plaintiffs-Appellants v. IRVING INDEPENDENT SCHOOL DISTRICT, Defendant-Appellee

No. 16-10493

United States Court of Appeals, Fifth Circuit.

Filed May 19, 2017

Star Jones, Olmito, TX, Frank Edward Perez, Counsel, Frank E. Perez & Associates, P.C., Brownsville, TX, for Plaintiffs-Appellants

Thomas Phillip Brandt, John Francis Roehm, III, Esq., Fanning Harper Martin-son Brandt <& Kutchin, P.C., Dallas, TX, for Defendant-Appellee

Before REAVLEY, ELROD, and GRAVES, Circuit Judges.

PER CURIAM: *

The appellants appeal the district court’s grant of summary judgment for Irving Independent School District in an action under 42 U.S.C. § 1983 for racial discrimination, retaliation, and related claims. This court has considered this appeal on the basis of the briefs, the record, and oral argument. Having done so, we conclude that the matter should be affirmed, essentially for the reasons stated by the district *380court. Because the district court did not err in granting summary judgment, we AFFIRM.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4..
#### Margarito MARTIN-FUNES, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 15-72441

United States Court of Appeals, Ninth Circuit.

Submitted April 11, 2017 *

Filed April 20, 2017

William J. Baker, Attorney, Moreno *&*Associates, Chula Vista, CA, for Petitioner

William Clark Minick, Trial Attorney, OIL, DOJ — U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

*

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

MEMORANDUM **

Margarito Martin-Funes, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his motion to reopen deportation proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen and review de novo constitutional claims. *Mohammed v. Gonzales,*400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Martin-Funes’s motion to reopen, based on lack of notice, where the record shows he was personally served an Order to Show Cause (“OSC”) with the required advisals, and he was served notice of his hearing with the required advi-sals. *See*8 C.F.R. § 1003.23(b)(4)(iii)(A)(2) (a motion to reopen to rescind an in absen-tia order may be filed at any time if “the alien demonstrates that he or she did not receive notice”); 8 U.S.C. § 1252(a)(2)(A) (1996) (written notice shall be given to the alien in the order to show cause or otherwise, of the time and place at which the proceedings will be held, and the consequences of the failure to appear at such proceedings.) Accordingly, Martin-Funes’s due process claim fails. *See Lata v. I.N.S.,*204 F.3d 1241, 1246 (9th Cir. 2000) (to prevail on a due process challenge, an alien must show error and prejudice).

To the extent that Martin-Funes now contends that the signatures on the OSC and the change of address form are not his, we lack jurisdiction to consider this unexhausted contention. *See Tijani v. Holder,*628 F.3d 1071, 1080 (9th Cir. 2010) (no jurisdiction to review legal claims not presented in the petitioner’s administrative proceedings before the BIA).

To the extent that Martin-Funes contends that he was the victim of ineffective assistance from a notary, we lack jurisdiction to consider that unexhausted contention. *See id.*

*478PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
#### James R. DATOR, Petitioner-Appellant, v. Warden Joseph MCFADDEN, Lieber Corr Inst, Respondent-Appellee.

No. 16-7404

United States Court of Appeals, Fourth Circuit.

Submitted: June 27, 2017

Decided: July 6, 2017

James R. Dator, Appellant Pro Se. Donald John Zelenka, Deputy Attorney General, James Anthony Mabry, Assistant Attorney General, Columbia, South Carolina, for Appellee.

Before NIEMEYER, SHEDD, and WYNN, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

James R. Dator seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2012) petition. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2012). The magistrate judge recommended that relief be denied and advised Dator that failure to file timely objections to this recommendation would waive appellate review of a district court order based upon the recommendation. However, Dator filed no objections to the recommendation.

The timely filing of specific objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned of the consequences of noncompliance. *Wright v. Collins,*766 F.2d 841, 845-46 (4th Cir. 1985); *see also Thomas v. Arn,*474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Dator has waived appellate review by failing to file objections after receiving proper notice. Accordingly, we deny a certificate of appealability and dismiss the appeal.

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.

*DISMISSED*
U.	S.	Department	of	Transportation Docket	Management	System 1200	New	Jersey	Ave,	SE Washington,	DC	20590

04/11/15

Re:	Amendment	to	Exemption	11240	issued	pursuant	to	Section	333	of	the	FAA Reform	Act	and	Part	11	of	the	Federal	Aviation	Regulations	in	Regulatory	Docket

No.	FAA

- 2014

- 0353

- 0001.

Dear	Sir	or	Madam; Aerius	Flight	LLC,	was	issued	an	Exemption	numbered	112 40	(hereinafter the	Exemption)	for	the	purpose	of commercial	aerial	survey	and	photography operations. Aerius	Flight	LLC,	herby	requests	an	amendment	to	the	Exemption	to allow	an	additional	type	of	unmanned	aircraft	system	(UAS)	that	fully	complies
with	th e	conditions	of	the	Exemption. Aerius	Flight	LLC

, wishes	to	operate	a	DJI	Phantom	3 under	the	same	terms and	conditions	contained	in	the	Exemption.	Attached	hereto,	and	submitted	as	a confidential	document,	is	the	Flight	Operations	Manual	(FOM)	for	the	ad ditional UASs.	All	operations	of	the	additional	UASs	will	be	in	full	compliance	with	the terms	of	the	Exemption. As	this	is	an	amendment	to	an	existing	exemption	asking	for	only	the addition	of	another	type	of	unmanned	aerial	vehicle,	Aerius	Flight	LLC	re spectfully submits	that	good	cause	exists	so	that	notice	does	not	need	to	be	published	in	the Federal	Register	for	the	requested	amendment. Please	contact	the	undersigned	should	you	have	any	question	concerning	this request	for	an	amendment	to	the	Exempti on.

Sincerely	yours,
Kenneth	Beason CEO,	Aerius	Flight	LLC kbeason@aeriusflight.com 1	(248)	767

- 9092

CC: Robert	Pappas
Jake	Troutman
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     THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONSOLIDATED BALANCE SHEET AS OF MARCH 31, 1998 AND THE CONSOLIDATED
STATEMENT OF INCOME FOR THE THREE AND SIX MONTHS ENDED MARCH 31, 1998 OF
CARIBINER INTERNATIONAL, INC. AS SET FORTH IN THIS FORM 10-Q AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
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CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned officer of Rocketinfo, Inc. (the "Company"), hereby
certifies, to such officer's knowledge, that the Company's Annual
Report on Form 10-KSB for the year ended December 31, 2007 (the
"Report") fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 and that the information contained in
the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.

                                 /s/Philip Graves
                                 ----------------------
                                 Philip Graves
                                 Chief Executive Officer

April 15, 2008

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned officer of Rocketinfo, Inc. (the "Company"), hereby
certifies, to such officer's knowledge, that the Company's Annual
Report on Form 10-KSB for the year ended December 31, 2007 (the
"Report") fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 and that the information contained in
the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.

                                 /s/Maria C. Maz
                                 ----------------------
                                 Maria C. Maz
                                 Chief Financial Officer

April 15, 2008
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6407

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MANUEL RAMON LUNA,

Defendant - Appellant.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. William M. Nickerson, District Judge. (CR91-075-WMN, CA-95-1952-WMN)

Submitted: September 20, 1996 Decided: October 1, 1996

Before NIEMEYER, HAMILTON, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Manuel Ramon Luna, Appellant Pro Se. Richard Charles Kay, OFFICE

OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

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 his

motion filed pursuant to 28 U.S.C. § 2255 (1994), as amended by

Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No.

104-132, 110 Stat. 1214, and denying his motion for reconsideration. We have reviewed the record and the district court's opinion

and find no reversible error. Accordingly, we affirm on the reasoning of the district court. United States v. Luna, Nos. CR-91-075-

WMN; CA-95-1952-WMN (D. Md. Nov. 15, 1995; Feb. 12, 1996). 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.

AFFIRMED
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<PAGE>
<ARTICLE> 5
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONSOLIDATED BALANCE SHEET AS OF DECEMBER 31, 1996 AND THE
CONSOLIDATED STATEMENT OF INCOME FOR THE THREE MONTHS ENDED DECEMBER 31, 1996 OF
CARIBINER INTERNATIONAL, INC. AS SET FORTH IN THIS FORM 10-Q AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
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<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-END>                               DEC-31-1996
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<INCOME-PRETAX>                                  1,228
<INCOME-TAX>                                       491
<INCOME-CONTINUING>                              1,228
<DISCONTINUED>                                       0
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<CHANGES>                                            0
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</TABLE>
#### In the Matter of Avon Western Corporation, Appellant, against Daniel P. Woolley, as Commissioner of Public Markets of the City of New York, et al., Respondents.

Argued October 4, 1943;

decided November 18, 1943.

*688
      *Nathan A. Epstein*and *Milton E. Sahn*for appellant.

*Ignatius M. Wilkinson, Corporation Counsel (Paxton Blair, Charles C. Weinstein*and *Silas S. Lippman*of counsel), for respondents.

Order affirmed, with costs; no opinion. (See 291 N. Y. 823.)

Concur: Lehman, Ch. J., Loughran, Rippey, Lewis, Conway and Desmond, JJ. Taking no part: Thacher, J.
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<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   9-MOS                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1999             SEP-30-1998
<PERIOD-START>                             OCT-01-1998             OCT-01-1997
<PERIOD-END>                               JUN-30-1999             SEP-30-1998
<CASH>                                         278,915                 110,730
<SECURITIES>                                   137,389                       0
<RECEIVABLES>                                    3,074                   3,415
<ALLOWANCES>                                     (696)                   (348)
<INVENTORY>                                      6,673                   5,027
<CURRENT-ASSETS>                               427,920                 102,960
<PP&E>                                         354,887                 326,635
<DEPRECIATION>                                (59,419)                (30,195)
<TOTAL-ASSETS>                                 888,977                 554,480
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<BONDS>                                        500,000                 265,000
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                             0                       0
<OTHER-SE>                                     181,021               (216,927)
<TOTAL-LIABILITY-AND-EQUITY>                   888,977                 936,780
<SALES>                                        555,324                 641,415
<TOTAL-REVENUES>                               555,324                 641,415
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<TOTAL-COSTS>                                  447,347                 506,065
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<INTEREST-EXPENSE>                              41,118                  50,172
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<ARTICLE>                     5
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THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
COMPANY'S  FINANCIAL  STATEMENTS IN THE  COMPANY'S  FORM 10-Q FOR THE SIX MONTHS
ENDED  SEPTEMBER  26, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
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