alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Geraldine Kelley DARDEN, Plaintiff-Appellant, v. Christopher L. DRISCOLL, as executor of the estate of Dr. Scott H. M. Driscoll, Defendant-Appellee.

No. 17-15015

United States Court of Appeals, Ninth Circuit.

*610Submitted November 15, 2017 *

Filed November 21, 2017

Geraldine Kelley Darden, Pro Se

Sonja 'M. Dahl, Esquire, Attorney, James Matthew Nelson, Attorney, Donnelly Nelson Depolo & Murray, APC, Walnut Creek, CA, for Defendant-Appellee

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 ***

Geraldine Kelley Darden, a California state prisoner, appeals pro se from the district court’s summary judgment in her 42 U.S.C. § 1983 action alleging deliberate indifference to her serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. *Jett v. Penner,*439 F.3d 1091, 1096 (9th Cir. 2006). We affirm.

The district court properly granted summary judgment on Darden’s Eighth Amendment claim because Darden failed to raise a genuine dispute of material fact as to whether Dr. Driscoll knew of and disregarded an excessive risk to her serious medical needs. *See id.*(to demonstrate deliberate indifference, the plaintiff must show “a purposeful act or failure to respond to a prisoner’s pain or possible medical need and ... harm caused by the indifference”).

The district court did not abuse its discretion in considering the expert declarations of two doctors submitted by Dr. Dris-coll in support of his motion for summary judgment. *See Primiano v. Cook,*598 F.3d 558, 563, 566-67 (9th Cir. 2010) (setting forth standard of review and requirements for admitting expert testimony).

Darden’s motions for appointment of an expert witness, to enforce the district court’s order for subpoena duces tecum, and to supplement the record on appeal (Docket Entry Nos, 9, 14, 32) are denied.

AFFIRMED.

***

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
* 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should not be published and is not precedent except under the limited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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-41105

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

RAUL MACHADO-MARTINEZ, also known as Raul Machado, also

known as Simon Hernandez Sanchez, also known as Francisco

Javier Lima-Valdez

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 3:07-CR-11-1

Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Raul Machado-Martinez appeals the sentence imposed following his guiltyplea conviction of being found in the United States without permission, following

removal. Machado-Martinez argues that his sentence is procedurally

unreasonable because the district court did not provide notice that it was

considering an upward variance in his case. Machado-Martinez does not contend

United States Court of Appeals

Fifth Circuit

F I L E D

August 20, 2008

Charles R. Fulbruge III

Clerk
No. 07-41105

2

that the district court committed any other procedural error in imposing his

sentence or that the sentence imposed in his case is substantively unreasonable.

See Gall v. United States, 128 S. Ct. 586, 596-97 (2007). The Government has

filed a motion for summary affirmance, or in the alternative, for an extension of

time in which to file a brief. 

As Machado-Martinez concedes, his argument is foreclosed by this court’s

holding in United States v. Mejia-Huerta, 480 F.3d 713, 722-23 (5th Cir. 2007),

cert. denied, 128 S. Ct. 2954 (2008). The Supreme Court recently reached the

same conclusion. Irizarry v. United States, 128 S. Ct. 2198, 2202-04 (2008). 

The Government’s motion for summary affirmance is GRANTED, and the

district court’s judgment is AFFIRMED. The Government’s alternative motion

for an extension of time is DENIED.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23

- 6937

RICO GREER , Petitioner

- Appellant ,

v.
UNITED STATES OF AMERICA , Respondent

- Appellee

.

Appeal from the United States District Court for the Northern District of West Virginia , at Wheeling

. John Preston Bailey , District Judge. ( 5:23

- cv - 00263

- JPB

- JPM )

Submitted : December 19 , 2023 Decided: December 27, 2023

Before HARRIS, QUATTLEBAUM , and BENJAMIN, Circuit Judges.

Affirmed by un published per curiam opinion

.
Rico Greer, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6937 Doc: 9 Filed: 12/27/2023 Pg: 1 of 22 PER CURIAM: Rico Greer appeals the district court’s order dismissing his 28 U.S.C. § 2241 petition without prejudice for failure to comply with the court’s prior order directing him
to submit court

- approved forms and denying as moot his motion to suppress statements

. On appeal, we confine our review to the issues raised in the informal brief. See 4th Cir. R. 34(b). Because Greer’s informal brief does not challenge the basis for the district court’s disposition, he has forfeited appellate review of the court’s order. See Jackson v. Lightsey , 775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an important document; under Fourth Circuit rules, our review is limited to issues preserved in that brief.”). Accordingly, we affirm the district court’s judgment. We dispense with oral argumen t because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED USCA4 Appeal: 23-6937 Doc: 9 Filed: 12/27/2023 Pg: 2 of 2
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### Foreign-Trade Zones Board

          - [B-78-2021]

On November 12, 2021, Innovusion, Inc., submitted a notification of proposed production activity to the FTZ Board for its facility within FTZ 18 in Sunnyvale, California.

                    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the                     **Federal Register**                     inviting public comment (86 FR 67022, November 24, 2021). On March 14, 2022, the applicant was notified of the FTZ Board's decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board's regulations, including Section 400.14.                

Dated: March 14, 2022.

Andrew McGilvray,

Executive Secretary.

[FR Doc. 2022-05727 Filed 3-17-22; 8:45 am]

BILLING CODE 3510-DS-P
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 11

- 00467

- CR

Allen Lee Polk

v.

The State of Texas §

§

§

§

§ From the 213th District Court

o f Tarrant Coun ty (1226707D )

July 3, 2013

P er C uriam

(nfp)



### JUDGMENT

This court has considered the record on appeal in this case and holds that

there was no error in the trial court’s judgment. It is ordered that the judgment of

the trial court is affirmed.

S ECOND DISTRICT COURT OF APPEALS

PER CURIAM
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

(Adopted February 4, 1977)(Amended February 1, 1980) (Amended April 1, 1977)(Amended July 11, 1980) (Amended August 4, l978)(Amended October 15, 1982) (Amended September 7, 1979)(Amended March 2 , 1984 )

Rule 401. VISIBLE EMISSIONS

(a) A person shall

- not discharge into the atmosphere from any single source of emission whatsoever any air contaminant for a period or periods aggregating more than three minutes in any one hour which is: (1) As dark or darker in shade as that designated No. I on the Ringelmann Chart, as published by the United States Bureau of Mines, or (2) Of such Opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection (a)(1) of this rule.

(b) Notwithstanding the provisions of subsection (a) of this rule, a person shall not discharge into the atmosphere from equipment for melting, heating, or holding asphalt or coal tar pitch for on

- site roof construction or repair; or from diesel pile driving hammers; any air contaminant for a period or p eriods aggregating more than three minutes in any one hour which is: (1) As dark or darker in shade as that designated No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines, or (2) Of such an opacity as to obscure an observer's v iew to a degree equal to or greater than does smoke described in subsection (b)(1) of this rule.

(c) This rule shall not apply to asphalt pavement heaters.

(d) This rule shall not apply to abrasive blasting operations.

401

- 1
** **

**Exhibit 35.1**

**SERVICER      COMPLIANCE STATEMENT (ITEM 1123)**

**First      Horizon Mortgage Pass-Through Trust 2006-AR4**

|   | First                Horizon Home Loan Corporation     |
|--------|--------------------------------------------------------|
|   |                                                   |   |
|   |                                                   |   |
|   | By:                                                    | /s/                Kim                Yowell |
|   | Date:                03/01/07                          |
|   | Name:                Kim Yowell                        |
|   | Title:                SVP, Servicing Manager           |
|   |                                                   |   |
|   | First                Tennessee Mortgage Services, Inc. |
|   |                                                   |   |
|   |                                                   |   |
|   | By:                                                    | /s/                Terry                L. McCoy |
|   | Date:                03/01/07                          |
|   | Name:                Terry L. McCoy                    |
|   | Title:                Vice President                   |
Exhibit 32

Certification of Principle Executive Officer and Principle Financial Officer Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Gary S. Olson, Chief Executive Officer and President of ESSA Bancorp, Inc., a Pennsylvania corporation (the Company) and Allan
A. Muto, Executive Vice President and Chief Financial Officer of the Company, each certify in his capacity as an officer of the Company that he has reviewed the annual report on Form 10-K for the year ended September 30, 2010 (the
Report) and that to the best of his knowledge:



| | 1. | the Report fully complies with the requirements of Sections 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: December 14, 2010 |  |  |  | /s/ Gary S. Olson                                   
|                        |  |  |  | Gary S. Olson                                       
|                        |  |  |  | Chief Executive Officer and President               
|                        |  | 
|Date: December 14, 2010 |  |  |  | /s/ Allan A. Muto                                   
|                        |  |  |  | Allan A. Muto                                       
|                        |  |  |  | Executive Vice President and Chief Financial Officer

A
signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 35.3

SERVICER COMPLIANCE STATEMENT (Item 1123)

Homecomings Financial, LLC

RALI Series 2007-QS1 Trust (the Issuing Entity)

The undersigned, a duly authorized officer of Homecomings Financial, LLC, as servicer (the Servicer) pursuant to the applicable servicing agreement, does hereby certify that:

1. A review of the Servicers activities during the period from and including January 30, 2007 through and including September 24, 2007 and of the
Servicers performance under the applicable servicing agreement has been made under my supervision.

2. To the best of my knowledge, based on such
review, the Servicer has fulfilled all of its obligations under the applicable servicing agreement in all material respects throughout such period.

IN
WITNESS WHEREOF, the undersigned has duly executed this Certificate this 24th day of March 2008.



|       |  |                     
|------ |  | --------------------
|By:    |  | /s/ Anthony N. Renzi
|Name:  |  | Anthony N. Renzi    
|Title: |  | Managing Director
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-2691
CHARLES WILLIAM LEVY, Plaintiff - Appellant, versus COUNTY OF FAIRFAX; ELIZABETH BUTLER, Branch Manager, George Mason Regional Library, Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Robert E. Payne, District Judge. (CA-96-422-A) Submitted: March 27, 1997 Decided: April 2, 1997 Before RUSSELL, LUTTIG, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. Charles William Levy, Appellant Pro Se. Edward Everett Rose, III, COUNTY ATTORNEY'S OFFICE, Fairfax, Virginia, for Appellees. 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 granting the Defendants' motion for judgment as a matter of law on his action filed under 42 U.S.C. § 1983 (1994). The district court denied relief for the reasons stated from the bench. Appellant failed to provide a transcript of the hearing at which the district court stated the reasons for denying relief. See Fed. R. App. P. 10(b)(2); Powell v. Estelle , 959 F.2d 22, 26 (5th Cir. 1992). Moreover, Appellant has failed to state a substantial claim justifying the preparation of a transcript at government expense. 28 U.S.C. § 753(f) (1994). Consequently, we affirm. 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
EXHIBIT 32



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350



In connection with the Annual Report on Form 10-K/A of Bering Growth Corporation (the Company) for the period ended June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, the undersigned 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 the best of my knowledge:



1.  The Report fully complies with the requirements of section 13(a) 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:  November 24, 2009

/s/    Joseph R. Rozelle



JOSEPH R. ROZELLE

Principal Executive Officer

and Principal Financial Officer





The foregoing certification is being furnished as an exhibit to the Report pursuant to Item 601(b)(32) of Regulation S-K and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and, accordingly, is not being filed as part of the Report for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not incorporated by reference into any filings of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THERMOQUEST
CORPORATION'S QUARTERLY REPORT ON FORM 10-Q FOR THE PERIOD ENDED APRIL 4, 1998
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-02-1999
<PERIOD-END>                               APR-04-1998
<CASH>                                         110,035
<SECURITIES>                                         0
<RECEIVABLES>                                   98,310
<ALLOWANCES>                                     4,110
<INVENTORY>                                     70,136
<CURRENT-ASSETS>                               289,973
<PP&E>                                          88,785
<DEPRECIATION>                                  24,100
<TOTAL-ASSETS>                                 610,458
<CURRENT-LIABILITIES>                          119,691
<BONDS>                                         87,791
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           512
<OTHER-SE>                                     380,077
<TOTAL-LIABILITY-AND-EQUITY>                   610,458
<SALES>                                        108,118
<TOTAL-REVENUES>                               108,118
<CGS>                                           55,373
<TOTAL-COSTS>                                   55,373
<OTHER-EXPENSES>                                 7,865
<LOSS-PROVISION>                                 (111)
<INTEREST-EXPENSE>                               1,444
<INCOME-PRETAX>                                 19,499
<INCOME-TAX>                                     8,189
<INCOME-CONTINUING>                             11,310
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    11,310
<EPS-PRIMARY>                                      .22
<EPS-DILUTED>                                      .21
        


</TABLE>
Exhibit 10.13A

Dear Jeff,

As approved by the Compensation Committee of the Board of Directors of BigBand Networks, Inc. (the Company)
on December 9, 2007, I provide you with the following amendment to your offer letter dated October 30, 2006 (the Offer Letter).

Bonus:

You shall have the opportunity to earn a performance bonus up to 84% of your annual base salary
($210,000).

Severance:

If
your employment is terminated for any reason other than Misconduct, within six (6) months following a Change of Control, as both capitalized terms are defined in the Offer Letter, you will be eligible to receive a severance benefit in an amount
equal to twelve (12) months of your annual base salary and twelve (12) months of health benefits under COBRA.

In all other
respects, the terms of your employment shall remain as outlined in the Offer Letter.



Sincerely,/s/ Amir Bassan-EskenaziAmir Bassan-EskenaziPresident & Chief Executive Officer
[Graphic Omitted]
    [NUMBER]                                                         [SHARES]
               INCORPORATED UNDER THE LAWS OF THE STATE OF NEVADA



                              MENTOR PROMOTIONS, INC.

The Corporation is authorized to issue 25,000,000 Common Shares-Par Value $0.001
each


                                    SPECIMEN
This Certifies that ___________________________________________  is the owner of
_______________________________________________________________   fully paid and
non-assessable  Shares  of  the  above  Corporation  transferable  only  on  the
books of  the Corporation by  the holder hereof in person or  by duly authorized
Attorney upon surrender of this Certificate properly endorsed.

In Witness  Whereof,  the said  Corporation  has caused this  Certificate  to be
signed by its duly  authorized  officers  and to be sealed  with the Seal of the
Corporation.

Dated____________________


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