alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Niki-Alexander SHETTY, FKA Satish Shetty, Plaintiff-Appellant, v. Michael Allen LEWIS; et al., Defendants-Appellees.

No. 17-15656

United States Court of Appeals, Ninth Circuit.

Submitted November 15, 2017 *

Filed November 21, 2017

Niki-Alexander Shetty, Pro Se

Sally A. Williams, Esquire, Attorney, Law Office of Sally A. Williams, Santa Cruz, CA, for Defendants-Appellees Michael Alen Lewis, M, Lewis, Inc.

Glenn Wechsler, Law Offices of Glenn H. Wechsler, Walnut Creek, CA, for Defendant-Appellee First American Title Company

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 **

Niki-Aexander Shetty, FKA Satish Shetty, appeals pro se from the district court’s judgment dismissing his action alleging federal and state law claims relating to a mortgage loan on real property obtained by third-party borrowers. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal under Federal Rule of Civil Procedure 19. *Salt River Project Agric. Improvement & Power Dist. v. Lee,*672 F.3d 1176, 1179 (9th Cir. 2012). We affirm.

The district court did not abuse its discretion in dismissing Shetty’s action for failure to join Maria Elena Martinez and Heriberto Martinez because the Mar-tinezes, as the borrowers of mortgages on the subject property, are required parties. *See id.*(describing bases for concluding a party is required to join (citing Fed. R. Civ. P. 19(a)).

The district court did not abuse its discretion by taking judicial notice of certain public records and bankruptcy court documents, and considering documents referenced in Shetty’s complaint without converting defendants’ motions to dismiss into motions for summary judgment. *See Lee v. City of Los Angeles,*250 F.3d 668, 688-89 (9th Cir. 2001) (setting forth standard of review, and describing documents that a district court may take judicial notice of when ruling on a Rule 12(b)(6) motion).

We reject as unsupported by the record Shetty’s contention that the district judge denied his rights to due process and equal protection.

We do not consider matters not specifically and distinctly raised and argued in the opening brief. *See Padgett v. Wright,*587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
#### UNITED STATES of America Plaintiff-Appellee v. Jesse Howard GARCIA Defendant-Appellant

No. 17-1012

United States Court of Appeals, Eighth Circuit.

Submitted: March 1, 2017

Filed: April 28, 2017

LeeAnn K. Bell, Assistant U.S. Attorney, U.S. Attorney’s Office, District of Minnesota, Minneapolis, MN, for Plaintiff-Appellee

Jesse Howard Garcia, Pro Se

Before LOKEN, BENTON, and KELLY, Circuit Judges.

PER CURIAM.

Jesse Garcia directly appeals the district court’s1 judgment entered on a jury verdict finding him guilty of conspiring to distribute methamphetamine, and of being a felon in possession of a firearm. On appeal, Garcia challenges the district court’s jurisdiction based on his assertion that he is a “private, sovereign, flesh and blood man.” The government has moved for summary disposition.

We conclude that Garcia’s jurisdictional challenge lacks merit. See United States v. Hart, 701 F.2d 749, 750 (8th Cir. 1983) (per curiam) (rejecting jurisdictional challenge based on defendant’s argument that he was sovereign citizen). Accordingly, we grant the government’s motion, and summarily affirm the district court’s judgment. See 8th Cir. R. 47A(a).

1

. The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota.
# EUR-Lex - 32003R0763 - EN

Avis juridique important

*|*

# 32003R0763

**Commission Regulation (EC) No 763/2003 of 30 April 2003 amending Regulation (EC) No 2768/98 on the aid scheme for the private storage of olive oil **

*
Official Journal L 109 , 01/05/2003 P. 0012 - 0012 *

Commission Regulation (EC) No 763/2003

of 30 April 2003

amending Regulation (EC) No 2768/98 on the aid scheme for the private storage of olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation No 136/66/EEC of the Council of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular the third subparagraph of Article 12a thereof,

Whereas:

(1) Article 5 of Council Regulation (EC) No 1638/98 of 20 July 1998 amending Regulation No 136/66/EEC on the establishment of a common organisation of the market in oils and fats, as amended by Regulation (EC) No 1513/2001(3), provided, as a result of the latter Regulation, for the repeal of Article 12a of Regulation No 136/66/EEC with effect from 1 November 2004 instead of 1 November 2001, allowing the period of validity of certain market measures, including a private storage aid scheme, to be extended in this way. The said Article 12a provides that in the event of serious disturbance of the market in certain regions of the Community an aid scheme for the private storage of olive oil may be implemented.

(2) In order to enable contracts for the private storage of virgin olive oil in bulk to continue to be carried until 31 October 2004, Article 1(2) of Commission Regulation (EC) No 2768/98(4), as amended by Regulation (EC) No 1081/01(5), should be amended accordingly. For reasons of legal certainty, provision should be made for this Regulation to apply from 1 November 2001.

(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1(2) of Regulation (EC) No 2768/98, the date "31 October 2001" is replaced by "31 October 2004".

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 November 2001.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 April 2003.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ 172, 30.9.1966, p. 3025/66.

(2) OJ L 201, 26.7.2001, p. 4.

(3) OJ L 210, 28.7.1998, p. 32.

(4) OJ L 346, 21.12.1998, p. 14.

(5) OJ L 149, 2.6.2001, p. 17.
EXHIBIT 23.1

Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by reference in the Registration Statement (Form S-8 No. 333-140576) of Fortress Investment Group LLC of our reports dated (i) April 12, 2007, with respect to the combined financial statements of Fortress Operating Group and (ii) April 12, 2007, with respect to the balance sheet of Fortress Investment Group Holdings LLC, both included in this Annual Report (Form 10-K) for the year ended December 31, 2006.

|  | /s/ Ernst & Young LLP |
|--|---------------------------|

New York, New YorkApril 16, 2007

----
Exhibit 31(ii)
                                --------------


                                CERTIFICATIONS
                                --------------

I, Steve Bailey, certify that:


      1.    I have reviewed this report on Form 10-K and all reports on Form
            10-D required to be filed in respect of the period covered by this
            report on Form 10-K of Alternative Loan Trust 2006-42 (the
            "Exchange Act periodic reports");

      2.    Based on my knowledge, the Exchange Act periodic reports, taken as
            a whole, do 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, all of the distribution, servicing and
            other information required to be provided under Form 10-D for the
            period covered by this report is included in the Exchange Act
            periodic reports;

      4.    I am responsible for reviewing the activities performed by the
            servicer(s) and based on my knowledge and the compliance review(s)
            conducted in preparing the servicer compliance statement(s)
            required in this report under Item 1123 of Regulation AB, and
            except as disclosed in the Exchange Act periodic reports, the
            servicer(s) have fulfilled their obligations under the servicing
            agreement(s) in all material respects; and

      5.    All of the reports on assessment of compliance with servicing
            criteria for asset-backed securities and their related attestation
            reports on assessment of compliance with servicing criteria for
            asset-backed securities required to be included in this report in
            accordance with Item 1122 of Regulation AB and Exchange Act Rules
            13a-18 and 15d-18 have been included as an exhibit to this report,
            except as otherwise disclosed in this report. Any material
            instances of noncompliance described in such reports have been
            disclosed in this report on Form 10-K.

      In giving the certifications above, I have reasonably relied on
      information provided to me by the following unaffiliated parties: The
      Bank of New York, as Trustee.

Date: March 27, 2007


      /s/ Steve Bailey
      -----------------------
      Steve Bailey
      Senior Managing Director, Loan Administration
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 50 Introduced in Senate (IS)]

  2d Session
S. J. RES. 50

 To disapprove the certification of the President under section 490(b) 
of the Foreign Assistance Act of 1961 regarding foreign assistance for 
                    Mexico during fiscal year 1996.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 5, 1996

 Mr. D'Amato introduced the following joint resolution; which was read 
        twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                            JOINT RESOLUTION

 
 To disapprove the certification of the President under section 490(b) 
of the Foreign Assistance Act of 1961 regarding foreign assistance for 
                    Mexico during fiscal year 1996.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That pursuant to subsection 
(d) of section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291j), Congress disapproves the determination of the President with 
respect to Mexico for fiscal year 1996 that is contained in the 
certification (transmittal No. ______) submitted to Congress by the 
President under subsection (b) of that section on ____________, 1996.
                                 <all>
```
II

104TH CONGRESS

1ST SESSION S. 731

To amend title 38, United States Code, to provide that the reduction by

waiver of retired pay due to receipt of compensation or pension not

apply to retired pay attributable to pay for extraordinary heroism.

IN THE SENATE OF THE UNITED STATES

APRIL 27 (legislative day, APRIL 24), 1995

Mr. CHAFEE introduced the following bill; which was read twice and referred

to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to provide that

the reduction by waiver of retired pay due to receipt

of compensation or pension not apply to retired pay

attributable to pay for extraordinary heroism.

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

3 SECTION 1. EXCLUSION OF PAY FOR EXTRAORDINARY HER4 OISM FROM REQUIRED REDUCTION IN RE5 TIRED PAY AS PART OF RECEIPT OF COM6 PENSATION OR PENSION.

7 (a) EXCLUSION.—The first sentence of section 5305

8 of title 38, United States Code, is amended by inserting
2

•S 731 IS

1 ‘‘(other than pay for extraordinary heroism payable to the

2 person under section 1402(f), 1402a(f), 3991(a)(2),

3 6330(c)(3), or 8991(a)(2) of title 10)’’ after ‘‘such per4 son’s retired or retirement pay’’.

5 (b) EFFECTIVE DATE.—The amendment made by

6 subsection (a) shall take effect on the date of the enact7 ment of this Act. No person shall be entitled to receive

8 by reason of the amendment made by subsection (a) any

9 benefits for any period before such date.

Æ
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 of 310 Holdings, Inc (the "Company") on Form
      10-KSB for the year ended December 31, 2006, as filed with the Securities and
      Exchange Commission on the date hereof (the "Report"), I, Nicole
      Wright, Chief
      Accounting Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as
      adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2001,
      that:





The
      Report fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934; and





The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the
      Company.





Dated: April
      2,
      2007


/s/
                Nicole
                WrightNicole
                WrightChief
                  Accounting Officer
**Exhibit
      99.2**





CERTIFICATE
      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 (the “Report”) on the Form 10-KSB of Vista
      Dorada Corp. (the “Company”) for the year ended December 31, 2007, as filed with
      the Securities and Exchange Commission on the date hereof, I, Jimmy Soo, Chief
      Executive Officer, President and Director, certify, pursuant to 18 U.S.C.
      Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
      of
      2002, that, to the best of my knowledge and belief:





E.
            The
                Report fully complies with the requirements of Section 13 (a) or
                15 (d) of
                the Securities and Exchange Act of 1934, as amended;
                and





E.
            The
                information contained in this Report fairly presents, in all material
                respects, the financial condition and results of operation of the
                Company.




February
      5, 2008


JIMMY
      SOO


Jimmy
      Soo


Chief
      Executive Officer,


President
      and Director











-1-
Exhibit 32.1

CERTIFICATION BY THE CHIEF EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C.
SECTION 1350, AS ADOPTED PURSUANT

TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned hereby certifies that to his knowledge, the Companys Annual Report on Form 10-K/A for the period ended
December 31, 2014 (the Form 10-K/A) fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Form 10-K/A fairly presents, in all material respects, the
financial condition and results of operations of the Company.

Date: March 6, 2015



|                                                      
|------------------------------------------------------
|/S/ JOHN D. WILLIAMS                                  
|John D. Williams President and Chief Executive Officer
#### Lloyd Michael WARREN, Plaintiff-Appellant, v. Nurse GRAY, Nurse; Officer McGrath, Jail Officer; Officer Blythe, Jail Officer, Defendants-Appellees.

No. 17-7400

United States Court of Appeals, Fourth Circuit.

Submitted: December 19, 2017

Decided: December 22, 2017

Lloyd Michael Warren, Appellant Pro Se.

Before SHEDD, AGEE, and DIAZ, Circuit Judges.

*149Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Lloyd Michael Warren seeks to appeal the district court’s order dismissing his 42 U.S.C. § 1983 (2012) complaint for failing to comply with a court order directing him to file a more particularized complaint. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); *Cohen v. Beneficial Indus. Loan Corp.,*337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because it is possible that Warren could cure the defects in his complaint through further amendment, the order he seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. *See Goode v. Cent. Va. Legal Aid Soc’y,*807 F.3d 619, 623-24 (4th Cir. 2015). Accordingly, we dismiss the appeal for lack of jurisdiction and remand the case to the district court with instructions to allow Warren to file an amended complaint. *See id.*at 630. 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 AND REMANDED*
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


Certification of Chief Financial Officer

In connection with the Amended Quarterly Report of PURE Bioscience, (the
"Company") on Form 10-QSB/A for the fiscal quarter ended October 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Gary Brownell, Chief Financial Officer certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that, to the best of my knowledge and belief:

         (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.

February 27, 2004                     /s/ Gary Brownell
------------------------              -----------------------------------
                                          Gary Brownell
                                          Chief Financial Officer
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 Quarterly Report of IDT Corporation (the “Company”) on Form 10-Q for the quarter ended January 31, 2011 as filed with the Securities and Exchange Commission (the “Report”), I, Howard S. Jonas, Chief Executive 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; 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 17, 2011
 
 /s/    HOWARD S. JONASHoward S. Jonas

Chief Executive Officer
 
 A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to IDT Corporation and will be retained by IDT Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
# Official Journal L 327/2017

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 327 |
| | |
| English edition | Legislation | Volume 609 December 2017 |

ISSN 1977-0677

Official Journal

of the European Union

L 327

English edition

Legislation

Volume 609 December 2017

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) 2017/2225 of the European Parliament and of the Council of 30 November 2017 amending Regulation (EU) 2016/399 as regards the use of the Entry/Exit System | 1 |
| | * | Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 | 20 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) 2017/2225 of the European Parliament and of the Council of 30 November 2017 amending Regulation (EU) 2016/399 as regards the use of the Entry/Exit System

1

*

Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011

20

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 ( OJ L 347, 20.12.2013 ) | 83 |

Corrigenda

*

Corrigendum to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 ( OJ L 347, 20.12.2013 )

( OJ L 347, 20.12.2013 )

83

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
**Exhibit 15.1**Board of Directors and StockholdersParty City Corporation400 Commons WayRockaway, New Jersey     We have made a review, in accordance with standards of thePublic Company Accounting Oversight Board (United States), ofthe unaudited interim financial information of Party CityCorporation and subsidiary for the quarters and nine monthperiods ended April 2, 2005 and March 27, 2004, asindicated in our report dated May 10, 2005; because we didnot perform an audit, we expressed no opinion on thatinformation.     We are aware that our report referred to above, which isincluded in your Quarterly Report on Form 10-Q for thequarter and nine month period ended April 2, 2005, isincorporated by reference in Registration StatementNos. 333-75078, 333-65632 and 333-19473 on Form S-8.     We also are aware that the aforementioned report, pursuant toRule 436(c) under the Securities Act of 1933, is notconsidered a part of the Registration Statement prepared orcertified by an accountant or a report prepared or certified byan accountant within the meaning of Sections 7 and 11 ofthat Act./s/ Deloitte & Touche LLPNew York, New YorkMay 10, 2005