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#### Jesse G. YATES, III; Melissa Long Yates, Plaintiffs-Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellee.

No. 17-1285

United States Court of Appeals, Fourth Circuit.

Submitted: October 30, 2017

Decided: November 30, 2017

Jesse G. Yates, III, Melissa Long Yates, Appellants Pro Se. Robert Carter Elkins, ELKINS RAY, PLLC, Huntington, West Virginia; Jonathan Edgar Hall, PARKER, POE, ADAMS & BERNSTEIN, LLP, Raleigh, North Carolina, for Appellee.

Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jesse G. Yates, III, and Melissa Long Yates appeal the district court’s judgment following a jury trial finding in favor of State Farm Fire and Casualty Company on the Yateses’ breach of contract claim. We have reviewed the record included on appeal and have found no reversible error. An appellant has the burden of including in the record on appeal a transcript of all parts of the proceedings material to the issues raised on appeal. Fed. R. App. P. 10(b); 4th Cir. R. 10(c). An appellant proceeding on appeal in forma pauperis is entitled to transcripts at Government expense only in certain circumstances. 28 U.S.C. § 753(f) (2012). Appellants have not produced a transcript and have failed to make the requisite showing to qualify for the production of a transcript at Government expense. Thus, the Appellants have waived review of the issues on appeal that depend upon the transcript to show error. *See generally*Fed. R. App. P. 10(b)(2); *Keller v. Prince George’s Cty.,*827 F.2d 952, 954 n.1 (4th Cir. 1987). Accordingly, we deny Appellants’ motion for discovery and we affirm the district court’s judgment. In light of this disposition, we deny the Appellee’s motion to dismiss the ap*302peal. We dispense with oral argument as.it would not aid the decisional process.

*AFFIRMED*
#### Carlos Miguel RAMIREZ-VALDEZ, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 16-73518

United States Court of Appeals, Ninth Circuit.

Submitted November 15, 2017 *

Filed November 21, 2017

*609Carlos Miguel Ramirez-Valdez, Pro Se

Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Anna E. Juarez, OIL, DOJ — U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

Before: CANBY, TROTT, and GRABER, Circuit Judges.

*

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

MEMORANDUM **

Carlos Miguel Ramirez-Valdez, a native and citizen of El Salvador, petitions pro se for review from the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. *Silaya v. Mukasey,*524 F.3d 1066, 1070 (9th Cir. 2008). We deny in part, dismiss in part, grant in part the petition for review, and we remand.

Substantial evidence supports the agency’s denial of CAT relief because Ramirez-Valdez failed to show it is more likely than not that he would be tortured by or with the consent or acquiescence of the government of El Salvador. *See Silaya,*524 F.3d at 1073.

We lack jurisdiction to review Ramirez-Valdez’s contention regarding his membership in a particular social group based on his family because it was not raised to the agency. *See Barron v. Ashcroft,*358 F.3d 674, 678 (9th Cir. 2004) (exhaustion is mandatory and jurisdictional).

As to' Ramirez-Valdez’s withholding of removal claim based on the particular social group of small business owners, the government argues the case should be remanded because the BIA did not have the benefit of *Barajas-Romero v. Lynch,*846 F.3d 351 (9th Cir. 2017) (holding that the “one central reason” standard applies to asylum but not withholding of removal), when it issued its order. Thus, we grant the petition for review and remand Ramirez-Valdez’s withholding of removal claim for the BIA to determine the impact, if any, of this decision. *See INS v. Ventura,*537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

Each party shall-bear its own costs for this petition for review.

PETITION FOR REVIEW DENIED in part; DISMISSED in part; GRANTED in part; and REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provid*610ed by Ninth Circuit Rule 36-3.
V 

114TH CONGRESS 

2D SESSION H. R. 6315 

To authorize the award of the Medal of Honor to James C. McCloughan 

for acts of valor during the Vietnam War. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2016 

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

on Armed Services 

A BILL 

To authorize the award of the Medal of Honor to James 

C. McCloughan for acts of valor during the Vietnam War. 

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

3 SECTION 1. AUTHORIZATION FOR AWARD OF THE MEDAL 

4 OF HONOR TO JAMES C. MCCLOUGHAN FOR 

5 ACTS OF VALOR DURING THE VIETNAM WAR. 

6 (a) AUTHORIZATION.—Notwithstanding the time lim7 itations specified in section 3744 of title 10, United States 

8 Code, or any other time limitation with respect to the 

9 awarding of certain medals to persons who served in the 

10 Armed Forces, the President may award the Medal of 


smartinez on DSK3GLQ082PROD with BILLS
2 

•HR 6315 IH

1 Honor under section 3741 of such title to James C. 

2 McCloughan for the acts of valor during the Vietnam War 

3 described in subsection (b). 

4 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

5 referred to in subsection (a) are the actions of James C. 

6 McCloughan during combat operations of May 13–15, 

7 1969, during the Battle for Nui Yon Hill, for which he 

8 was previously awarded the Bronze Star Medal with ‘‘V’’ 

9 Device. 

Æ 


smartinez on DSK3GLQ082PROD with BILLS
Exhibit 35 ITEM 1123 CERTIFICATION I, David Duclos, Vice President of U.S. Bank National Association (the "Servicer"), hereby certify that: (1) A review of the activities of the Servicer during the fiscal year covered by this annual report on Form 10-K and of the performance of the Servicer under the Standard Terms for Trust Agreement, dated as of November 9, 2006, between the Servicer and the depositor (the "Agreement") has been made under my supervision; and (2) To the best of my knowledge, based on such review, the Servicer has fulfilled all its obligations under the Agreement in all material respects throughout the reporting period, or, if there has been a failure to fulfill any such obligation in any material respect, I have specified below each such failure known to me and the nature and status thereof. Date: March 21, 2019 ___/s/ David Duclos________________________ David Duclos Vice President ********
Exhibit 34.3

Report of Independent Registered Public Accounting Firm

The Board of DirectorsU.S. Bank National Association

We have examined management’s assertion, included in the accompanying Report on Assessment of Compliance with SEC Regulation AB Servicing Criteria, that U.S. Bank National Association (the Company) complied with the servicing criteria set forth in Item 1122(d) of the Securities and Exchange Commission’s Regulation AB for the Corporate Trust Asset Backed Securities platform (the Platform) as of March 31, 2007, and for the period April 1, 2006 through March 31, 2007, except for servicing criteria 1122(d)(1)(i)-(iv), 1122(d)(2)(i), 1122(d)(2)(iii)-(vii), 1122(d)(3)(i), and 1122(d)(4)(i)-(xv), which the Company has determined are not applicable to the activities performed by them with respect to the servicing platform covered by this report. Management is responsible for the Company’s compliance with those servicing criteria. Our responsibility is to express an opinion on management’s assertion about the Company’s compliance with the servicing criteria based on our examination.

Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants, as adopted by the Public Company Accounting Oversight Board (United States), and, accordingly, included examining, on a test basis, evidence about the Company’s compliance with the applicable servicing criteria and performing such other procedures as we considered necessary in the circumstances. Our examination included testing of less than all of the individual asset-backed transactions and securities that comprise the Platform, testing of less than all of the servicing activities related to the Platform, and determining whether the Company processed those selected transactions and performed those selected activities in compliance with the servicing criteria. Furthermore, our procedures were limited to the selected transactions and servicing activities performed by the Company during the period covered by this report. Our procedures were not designed to determine whether errors may have occurred either prior to or subsequent to our tests that may have affected the balances or amounts calculated or reported by the Company during the period covered by this report for the selected transactions or any other transactions. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Company’s compliance with the servicing criteria.

In our opinion, management’s assertion that the Company complied with the aforementioned servicing criteria as of March 31, 2007, and for the period April 1, 2006 through March 31, 2007, for the Corporate Trust Asset Backed Securities platform is fairly stated, in all material respects.

/s/ Ernst & Young LLP

May 9, 2007

----
**Exhibit 32.1**

 

**CERTIFICATE OF CHIEFEXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER***

 

Pursuant toSection 906 of Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350, as adopted), Dr.Sergio Magistri, Chief Executive Officer of InVision Technologies, Inc. (the“Company”), and Ross Mulholland, the Chief Financial Officer of the Company,each hereby certifies that, to the best of his knowledge:

 

1.               TheCompany’s Quarterly Report on Form 10-Q for the period ended September 28,2003, and to which this Certification is attached as Exhibit 32.1 (the“Periodic Report”), fully complies with the requirements of Section 13(a) orSection 15(d) of the Securities Exchange Act of 1934, and

 

2.               Theinformation contained in the Periodic Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.

 

**IN WITNESS WHEREOF,**the undersigned have set their hands hereto as of the 10th day ofNovember, 2003.

 

 
|   | /s/ Sergio  Magistri     |   |
|--------|--------------------------|--------|
|   | Sergio  Magistri, Ph.D.  |
|   | Chief  Executive Officer |
|   |                     |
|   |                     |
|   | /s/ Ross  Mulholland     |   |
|   | Ross  Mulholland         |
|   | Chief  Financial Officer |

 

A signedoriginal of this written statement required by Section 906 has been provided toInVision Technologies, Inc. and will be retained by InVision Technologies, Inc.and furnished to the Securities and Exchange Commission or its staff uponrequest.

 

----

*            This certification accompanies the Form10-Q to which it relates, is being furnished to, and shall not be deemed filedwith, the SEC or otherwise subject to the liability of that Section 18 of theSecurities Exchange Act of 1934, as amended. This certification shall not beincorporated by reference into any filing of the Company under the SecuritiesAct of 1933, as amended, or the Securities Exchange Act of 1934, as amended(whether made before or after the date of the Form 10-Q), irrespective of anygeneral incorporation language contained in such filing.

 

----
#### IN RE: Elizabeth COLE, Debtor, Elizabeth Cole; Vincent Lineberger, Plaintiffs-Appellants, v. James B. Nutter & Company; Substitute Trustee Services, Inc., Defendants-Appellees, v. Warren L. Tadlock, Standing Chapter 13 Trustee, Trustee.

No. 17-1728

United States Court of Appeals, Fourth Circuit.

Submitted: December 21, 2017

Decided: December 27, 2017

Elizabeth Cole, Vincent Lineberger, Appellants Pro Se. Lacey Moore Duskin, HUTCHENS, SENTER, KELLAM *&*PETTIT, P.A., Charlotte, North Carolina, for Appellees.

Before WILKINSON and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Elizabeth Cole and Vincent Lineberger appeal from the district court’s orders dismissing their appeal from the bankruptcy court for failure to timely pay the filing fee as directed by the court and denying their motion for reconsideration. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Cole v. James B. Nutter & Co.,*No. 3:17-cv-00078-GCM, 2017 WL 6614635, 2017 WL 6614634 (W.D.N.C. Mar. 14, 2017; May 15, 2017); *see In re SPR Corp.,*45 F.3d 70, 74-75 (4th Cir. 1995) (explaining factors court should consider before dismissal). 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*
Record of Contacts

Docket No. FAA-2012-0190

ORGANIZATION PERSON CONTACTED DATE RESPONSE

Transport Canada A.K. Durrani 1/31/12 Sent Email

Bombardier Syed Rizvi

514 855-5001

2/3/12 Sent Email

Regional Airline 

Association

Robert Fuse

(202) 367-1252

2/2/12 Sent email.
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 FFD Financial Corporation (the Company) on Form 10-Q for the period ending December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert R. Gerber, the Senior Vice President, Treasurer and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 result of operations of the Company.


|                                                             | 
|------------------------------------------------------------ | 
|/s/ Robert R. Gerber                                         | 
|Robert R. Gerber                                             | 
|Senior Vice President, Treasurer and Chief Financial Officer | 
|February 14, 2011                                            |
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<CASH>                                           9,751
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</TABLE>
**EXHIBIT 31.1**
  **CERTIFICATION PURSUANT TO**
 **SECTION 302 OF THE**
 **SARBANES-OXLEY ACT OF 2002**
 
 I, Joseph L. Sullivan, certify that:
 
 1.

I have reviewed this quarterly report on Form 10-Q ofCE Casecnan Water and Energy Company; Inc.2.

Based on my knowledge, this 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 report;3.

Based on my knowledge, the financial statements, and other financial information included in this 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 report;4.

The registrants other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:a)
Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;b)
Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; andc)
Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and5.

The registrants other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent function):a)
All significant deficiencies and material weaknesses 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; andb)
Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting. 
 Date: November 4, 2004
 /s/ Joseph L. Sullivan
 Joseph L. Sullivan
 President
 (chief executive officer)