alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Johnny R. ANDOE, Plaintiff-Appellant, v. Kevin KEMPH, Director; et al., Defendants-Appellees.

No. 16-35861

United States Court of Appeals, Ninth Circuit.

Submitted July 11, 2017 *

Filed July 18, 2017

Johnny R. Andoe, Pro Se

*519Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.

*

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

MEMORANDUM ***

Johnny R. Andoe, an Idaho state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. *Hamilton v. Brown,*630 F.3d 889, 892 (9th Cir. 2011) (dismissal under 28 U.S.C. § 1915A); *Barren v. Harrington,*152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii)). We reverse and remand.

Dismissal of Andoe’s access-to-courts claim was proper because Andoe failed to allege facts sufficient to show that defendants’ conduct caused actual injury to a nonfrivolous legal claim. *See Lewis v. Casey,*518 U.S. 343, 349-53, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (setting forth elements of an access-to-courts claim and actual injury requirement). However, Andoe was not given an opportunity to amend this claim prior to dismissal of the action. *See Lucas v. Dep’t of Corr.,*66 F.3d 245, 248 (9th Cir. 1995) (“[A] pro se litigant is entitled to notice of the complaint’s deficiencies and an opportunity to amend prior to dismissal of the action.”). Moreover, An-doe alleged in his verified complaint that he was transferred to another prison in retaliation for filing grievances, and the district court did not evaluate Andoe’s retaliation claim. *See Rhodes v. Robinson,*408 F.3d 559, 567-68 (9th Cir. 2005) (setting forth elements of a retaliation claim in the prison context); *see also Hebbe v. Pliller,*627 F.3d 338, 341-42 (9th Cir. 2010) (pro se pleadings are liberally construed). We reverse the judgment, and remand for the district court to consider Andoe’s retaliation claim in the first instance, and to determine whether leave to amend the complaint would be appropriate.

We rejeet as meritless Andoe’s contentions regarding the district court’s treatment of his motion to reassign the case.

REVERSED and REMANDED.

***

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

118TH CONGRESS 

1ST SESSION H. R. 6904 

To direct the Secretary of State to further surge capacity to better support 

special immigrant visa applicants who are nationals of Afghanistan, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 22, 2023 

Ms. SLOTKIN (for herself and Mr. WALTZ) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To direct the Secretary of State to further surge capacity 

to better support special immigrant visa applicants who 

are nationals of Afghanistan, and for other purposes. 

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 ‘‘Support Our Afghan 

5 Partners Act of 2023’’. 

6 SEC. 2. SUPPORT FOR AFGHAN SPECIAL IMMIGRANT VISA 

7 AND REFUGEE APPLICANTS. 

8 (a) SENSE OF CONGRESS.—It is the sense of Con9 gress that the United States should increase support for 

2 

•HR 6904 IH

1 nationals of Afghanistan who aided the United States mis2 sion in Afghanistan during the past twenty years and are 

3 now under threat from the Taliban, specifically special im4 migrant visa applicants who are nationals of Afghanistan 

5 and referrals of nationals of Afghanistan to the United 

6 States Refugee Admissions Program, including through 

7 the Priority 2 Designation for nationals of Afghanistan, 

8 who remain in Afghanistan or are in third countries. 

9 (b) REQUIREMENTS.—The Secretary of State, in co10 ordination with the Secretary of Homeland Security and 

11 the heads of other relevant Federal departments and agen12 cies, shall further surge capacity to better support special 

13 immigrant visa applicants who are nationals of Afghani14 stan and referrals of nationals of Afghanistan to the 

15 United States Refugee Admissions Program and who have 

16 been approved by the chief of mission, including through 

17 the Priority 2 Designation for nationals of Afghanistan, 

18 and reduce their application processing times, while ensur19 ing strict and necessary security vetting, including, to the 

20 extent practicable, enabling refugee referrals to initiate 

21 application processes while still in Afghanistan. 

22 (c) SURGE CAPACITY DESCRIBED.—The term ‘‘surge 

23 capacity’’ includes increasing consular personnel to any 

3 

•HR 6904 IH

1 embassy or consulate in the region processing visa applica2 tions for nationals of Afghanistan. 

Æ
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM CHIREX INC.'S FIRST 
QUARTER 1999 FORM 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 
FORM 10-Q.
</LEGEND>
<MULTIPLIER> 1,000
       
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<PERIOD-END>                               MAR-31-1999
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<SECURITIES>                                         0
<RECEIVABLES>                                   20,099
<ALLOWANCES>                                         0
<INVENTORY>                                     30,205
<CURRENT-ASSETS>                                 6,440
<PP&E>                                         174,418
<DEPRECIATION>                                  20,431
<TOTAL-ASSETS>                                 258,174
<CURRENT-LIABILITIES>                           46,128
<BONDS>                                         42,934
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           148
<OTHER-SE>                                     148,909
<TOTAL-LIABILITY-AND-EQUITY>                   258,174
<SALES>                                         34,080
<TOTAL-REVENUES>                                34,180
<CGS>                                         (22,799)
<TOTAL-COSTS>                                  (4,646)
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (2,021)
<INCOME-PRETAX>                                  4,423
<INCOME-TAX>                                   (1,516)
<INCOME-CONTINUING>                              2,907
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,907
<EPS-PRIMARY>                                     0.24
<EPS-DILUTED>                                     0.23
        

</TABLE>
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 Annual Report on
Form 10-KSB for the fiscal year ended December 31, 2007 (the “Report”) of
Pegasus Tel, Inc., a Delaware corporation (the "Company") as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, John F.
Passalaqua, certify, pursuant to 18 U.S.C. ss. 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; 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:
      March 31, 2008
            /s/ John F. PassalaquaJohn
      F. PassalaquaChief
      Financial Officer
              (Principal
      Financial and Accounting Officer)
#### Sylvester BARBEE Plaintiff-Appellant v. Cheri ELLIS, US Department of Agriculture Inspector, Egg Processor, Cummins Unit; Aundrea Weekly, Safety and Sanitation Officer, Cummins Unit; Troy Moore, Dr., Physician of CMS, Cummins Unit; Marie Austin, Health Service Administrator of CMS, Cummins Unit; Jason Boyd, Poultry/Swine Company Inspector of Egg Process Room, Cummins Unit; John Doe, Hen House Sanitation Inspector 2012, Cummins Unit; Angelika Smarjesse, Food Preparation and Service Manager, Cummins Unit (originally named as Angelika Smarjessi) Defendants-Appellees

No. 16-3009

United States Court of Appeals, Eighth Circuit.

Submitted: July 25, 2017

Filed: July 28, 2017

Sylvester Barbee, Pro Se

Renae Ford Hudson, Assistant Attorney General, Attorney General’s Office, Little Rock, AR, for Defendants-Appellees Cheri Ellis, Aundrea Weekly, Angelika Smar-jesse

Brent J. Eubanks, Humphries & Odum, White Hall, AR, for Defendants-Appellees Troy Moore, Marie Austin

Before GRUENDER, BOWMAN, and SHEPHERD, Circuit Judges.

PER CURIAM.

Sylvester Barbee appeals from the order of the District Court1 granting summary judgment to defendants Cheri Ellis and Audrea Weekly in Barbee’s 42 U.S.C. § 1983 action arising from conditions of his confinement while he was held at the Cum-*452mins Unit.2 We agree with the district court that even assuming Barbee was incarcerated under conditions that amounted to a substantial risk of harm, he has shown no jury issue whether these defendants were deliberately indifferent to that risk. See Kulkay v. Roy, 847 F.3d 637, 643 (8th Cir. 2017) (noting that an official is deliberately indifferent if she fails to respond reasonably to a known substantial risk); see also Cullor v. Baldwin, 830 F.3d 830, 836 (8th Cir. 2016) (reviewing an order granting summary judgment de novo). We affirm the judgment.

2

. Barbee has waived his remaining claims by failing to brief them. See Dick v. Dickinson State Univ., 826 F.3d 1054, 1058 n.2 (8th Cir. 2016).

1

. The Honorable J. Leon Holmes, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerry W. Cava-neau, United States Magistrate Judge for the Eastern District of Arkansas.
#### The People *ex rel.*The Troy Press Co., App’lt, *v.*The Common Council of the City of Troy *et al.,*Resp’ts.

Proceedings reversed, with fifty dollars costs and disbursements personally against the fourteen aldermen who voted for the designation.
ex10_5.htm


  
Exhibit 10.5


 



Amendment to Change in Control Agreement


 


THIS AMENDMENT TO CHANGE IN CONTROL AGREEMENT (this “Amendment”) is made on and as of the 19th day of January, 2012, by and between Community Partners Bancorp (“CPB”), a corporation organized under the laws of the state of New Jersey which serves as a bank holding company, with its principal office at 1250 Highway 35 South, Middletown, New Jersey 07748; Two River Community Bank (“TRCB”), a banking corporation organized under the laws of the state of New Jersey which is a wholly owned subsidiary of CPB, with its principal office at 1250 Highway 35 South, Middletown, New Jersey 07748; and Robert C. Werner (“Executive”), whose business address is 1250 Highway 35 South, Middletown, New Jersey 07748.


WHEREAS, CPB, TRCB and Executive entered into that certain Change in Control Agreement, which the parties wish to amend or further amend, as the case may be, by the execution and delivery of this Amendment so as to eliminate any doubt as to the Term of the Change in Control Agreement.


NOW, THEREFORE, for good and valuable consideration, which the parties to this Amendment acknowledge to be legally sufficient, CPB, TRCB and Executive, intending to be legally bound, agree that the Change in Control Agreement is amended by this Amendment only as follows:



	
  

	
1.

	
The text of Section 12a. of the Change in Control Agreement is deleted in its entirety, and is replaced by the following:







“Except as otherwise provided for hereunder, this Agreement shall commence on the date hereof and shall remain in effect until May 31, 2013 or until the end of the Contract Period, whichever is later.”


IN WITNESS WHEREOF, CPB and TRCB have caused this First Amendment to Change in Control Agreement to be signed by their respective duly authorized representatives pursuant to the authority of their Boards of Directors, and Executive has personally executed this Agreement, all as of the day and year first written above.


 





WITNESS:


 







 



	/s/ Nicole Nielsen	/s/ Robert C. Werner
	 	

Robert C. Werner, individually




	 	 
	 	 
	ATTEST: 	COMMUNITY PARTNERS BANCORP
	 	TWO RIVER COMMUNITY BANK
	 	 
	 	 
	 	 
	/s/ Michael W. Kostelnik	By: /s/ William D. Moss
	Michael W. Kostelnik, Secretary	William D. Moss
	 	Chief Executive Officer
```

[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Notices]
[Page 5184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01338]

[[Page 5184]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Agency for Healthcare Research and Quality

Special Emphasis Panel Meeting

AGENCY: Agency for Healthcare Research and Quality, HHS.

ACTION: Notice.

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

SUMMARY: In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act (5 U.S.C. App. 2), announcement is made of an Agency for 
Healthcare Research and Quality (AHRQ) Special Emphasis Panel (SEP) 
meeting on ``Patient Centered Outcomes Research (PCOR) Pathway to 
Independence Award (K99/R00)''.

DATES: February 12, 2013 (Open on February 12 from 8:00 a.m. to 9:00 
a.m. and closed for the remainder of the meeting).

ADDRESSES: Hyatt Regency Hotel Bethesda, One Metro Center, Bethesda, MD 
20814.

FOR FURTHER INFORMATION CONTACT: Anyone wishing to obtain a roster of 
members, agenda or minutes of the non-confidential portions of this 
meeting should contact: Mrs. Bonnie Campbell, Committee Management 
Officer, Office of Extramural Research, Education and Priority 
Populations, AHRQ, 540 Gaither Road, Room 2038, Rockville, Maryland 
20850, Telephone: (301) 427-1554.
    Agenda items for this meeting are subject to change as priorities 
dictate.

SUPPLEMENTARY INFORMATION: A Special Emphasis Panel is a group of 
experts in fields related to health care research who are invited by 
the Agency for Healthcare Research and Quality (AHRQ), and agree to be 
available, to conduct on an as needed basis, scientific reviews of 
applications for AHRQ support. Individual members of the Panel do not 
attend regularly-scheduled meetings and do not serve for fixed terms or 
a long period of time. Rather, they are asked to participate in 
particular review meetings which require their type of expertise.
    Substantial segments of the SEP meeting referenced above will be 
closed to the public in accordance with the provisions set forth in 5 
U.S.C. App. 2, section 10(d), 5 U.S.C. 552b(c)(4), and 5 U.S.C. 
552b(c)(6). Grant applications for ``Patient Centered Outcomes Research 
(PCOR) Pathway to Independence Award (K99/R00)'' are to be reviewed and 
discussed at this meeting. 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.

    Dated: January 17, 2013.
Carolyn M. Clancy,
Director.
[FR Doc. 2013-01338 Filed 1-23-13; 8:45 am]
BILLING CODE 4160-90-M
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                          21,770
<SECURITIES>                                         0
<RECEIVABLES>                                    8,064<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                30,335
<PP&E>                                           5,060
<DEPRECIATION>                                   1,030
<TOTAL-ASSETS>                                  36,496
<CURRENT-LIABILITIES>                            2,456
<BONDS>                                            956
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            47
<OTHER-SE>                                      32,294
<TOTAL-LIABILITY-AND-EQUITY>                    36,496
<SALES>                                         13,352
<TOTAL-REVENUES>                                13,352
<CGS>                                            4,466
<TOTAL-COSTS>                                    4,466
<OTHER-EXPENSES>                                 7,732
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  93
<INCOME-PRETAX>                                  1,885
<INCOME-TAX>                                       754
<INCOME-CONTINUING>                              1,131
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,131
<EPS-PRIMARY>                                      .22
<EPS-DILUTED>                                      .22
<FN>
<F1>Receivables include $2,606,000 of unbilled accounts receivables which
represent revenue earned but not yet billable based on the terms of the
contract.  The increase in receivables was due to increased order
activity.
</FN>
        

</TABLE>
#### GEO. GILL VS. J. M. WILSON, ET AL.

Appeal from Johnson county.

*Partnership*— Fstoppel.—Where the articles of partnership contain a limit upon the price to be paid for the articles dealt in, and one partner makes a purchase for a price exceeding that limit, and the other partner, when informed of such purchase, objects, but after-wards to prevent loss of money advanced, be takes the articles and sells the same, it is held, that the .latter is not thereby estopped from claiming that the former should bear the loss to the extent that he exceeded the limit in making the purchase.

*Profits.*— If one partner uses the funds of the partnership so that profits accrue therefrom, such profits belong to the partnership.

Opinion by

Willson, J.
#### Weatherhead *vs.*Cunningham *et al.*

[Messrs. -Sanders and Depew for appellant: no appearance for appellees.]

Ejectment.

From the Circuit Court for Green County,

*April*14.

Judgment *by*default, without ser vice of the common order, is erroneous.

Ono *ha. fa.*being returned executed, no other cun legally issue.

Chief Justice Robertson

delivered the Opinion of the Court.

As the record does not show, that there had been any service of the common order, the judgment by default for eviction, was therefore erroneous.

And as the *liabere facias,*had- been *Returned*executed, and a satisfaction of -the .judgment -had become a *matter of*record, the Circuit Court had no power to issue another *79
      *habere*facias—and in doing so, also erred. 2, Dana, 52; 1, Marshall, 154; 3, *Ib.*551; 7, *Mon.*406; *Adams on Ejectment*311; *United States*vs. Slaymaker; 4, C. C. *U. S. Rep. of Ca. by Judge Washington.*

Judgment reversed, and cause remanded.
<PAGE>

                                                                    EXHIBIT 32.1

                           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 Annual Report of Team Health, Inc. (the "Company")
on Form 10-K ("Form 10-K") for the fiscal year ended December 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof, I, H. Lynn
Massingale, M.D., President and Chief Executive 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, to my knowledge:

          (1) The Form 10-K 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 Form 10-K fairly presents, in all
     material respects, the financial condition and results of operations of the
     Company.

                                             /s/ H. LYNN MASSINGALE, M.D.
                                          --------------------------------------
                                                 H. Lynn Massingale, M.D.

Date: February 28, 2005
**EXHIBIT 32.01**

** **

**SECTION 1350CERTIFICATION**

** **

**In connection with this quarterlyreport of ML Trend-Following Futures Fund L.P. (the “Company”) on Form 10-Qfor the period ended March 31, 2009 as filed with the Securities and  Exchange Commission on the date hereof (this “Report”),I, Paul Morton, Chief Executive Officer, President and Manager of Merrill LynchAlternative Investments LLC, the general partner of the Company, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant of theSarbanes-Oxley Act of 2002, that:**

** **

1. This Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

2. The informationcontained in this Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| Date:                                           | May 15, 2009 |   |
|-------------------------------------------------|-------------------|--------|
|                                            |              |
| By                                              | /s/ PAUL MORTON   |   |
| Paul Morton                                     |              |
| Chief  Executive Officer ,President and Manager |              |
| (Principal  Executive Officer)                  |              |
|                                                 |                   |        |  |

 

1

----
Materials Not Included in

Airworthiness Directive (AD) Docket

Docket Number: FAA- 2011-0723

Directorate Identifier: 2010NM080AD

SRM, R80 --- 12/15/09

DWG 1647194, RC --- 4/3/09

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the 

Supplemental AD Docket

MAY BE VIEWED AT: Federal Aviation Administration

Transport Airplane Directorate

Rules Docket

1601 Lind Ave. SW.,

Renton, WA 98057

425.227.1221

DURING THE HOURS OF: 9 a.m. and 3 p.m., Monday through Friday,

except Federal holidays.

Form Date: 03/05/2008