alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24

- 1245

JAMES ADEYEMI , Plaintiff

- Appellant ,

v. AMAZON.COM SERVICES, LLC , Defendant

- Appellee

.

Appeal from the United States District Court for the District of Maryland , at Baltimore

. George L. Russell, III, Chief District Judge. ( 1:21

- cv - 02488

- GLR )

Submitted : July 30, 2024 Decided: August 1, 2024

Before NIEMEYER, AGEE , and HEYTENS, Circuit Judges.

Affirmed by un published per curiam opinion

.
James Adeyemi , Appellant Pro Se. Gilda Bethany Ingle , LITTLER MENDELSON PC , Tysons Corner, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-1245 Doc: 9 Filed: 08/01/2024 Pg: 1 of 22 PER CURIAM: James Adeyemi appeals the district court’s order s denying his motion to change
venue and accepting the recommendation of the magistrate judge and dismissing with prejudice Adeyemi’s action as a sanction for his continuing failure to comply with
discover y orders . We have reviewed the record and find no reversible error. Accordingly,
we affirm the district court ’s orders

. Adeyemi v. Amazon.com Servs., LLC , No. 1:21

- cv 02488

- GLR (D. Md. Dec. 18, 2023; Mar. 14, 2024) . 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 USCA4 Appeal: 24-1245 Doc: 9 Filed: 08/01/2024 Pg: 2 of 2
#### UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis GUEVARA, AKA Andres Fierro Cantu, AKA Jose Andreas Lopez, AKA Jose Lopez, AKA Jose Andreas Ruiz, Defendant-Appellant.

No. 14-50024

United States Court of Appeals, Ninth Circuit.

Submitted December 27, 2017 *

Filed December 28, 2017

L. Ashley Aull, Assistant U.S. Attorney, Daniel H. Malvin, Esquire, Special Assistant U.S. Attorney, DOJ — Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee

Kathryn Ann Young, FPDCA — Federal Public Defender’s Office (Los Angeles) Los Angeles, CA, for Defendant-Appellant

Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges.

*

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

MEMORANDUM **

Jose Luis Guevara appeals from the district court’s judgment and challenges the *42350-month custodial sentence and three-year term of supervised release imposed following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326.

On October 19, 2015, we issued an order affirming the judgment. *United States v. Guevara,*619 Fed.Appx. 648 (9th Cir. 2015) (unpublished). We rejected Guevara’s argument that the district court erred in determining that California Health *&*Safety Code § 11351 is divisible and subject to the modified categorical approach, noting that Guevara’s argument was foreclosed by this court’s decision in *United States v. Torre-Jimenez,*771 F.3d 1163, 1167 (9th Cir. 2014).

In January 2016, Guevara filed a petition for writ of certiorari, which the Supreme Court granted. The Supreme Court vacated the judgment and remanded to this court “for further consideration in light of’ the Court’s recent decision in *Mathis v. United States,*— U.S. -, 136 S.Ct. 2243, 195 L.Ed.2d 604 (2016). *Guevara v. United States,*— U.S. -, 136 S.Ct. 2542, 195 L.Ed.2d 866 (2016).

On remand, we invited the parties to submit additional briefing addressing the Supreme Court’s decision in *Mathis*and this court’s decision in *United States v. Martinez-Lopez,*864 F.3d 1034 (9th Cir. 2017) (en banc). After the parties submitted their briefing, a panel of this court held in *United States v. Murillo-Alvarado,*876 F.3d 1022 (9th Cir. 2017) that California Health and Safety Code § 11351 is divisible and subject to the modified categorical approach.

This court’s decision in *Murillo-Alvarado*is controlling. *See In re Zermeno-Gomez,*868 F.3d 1048, 1052 (9th Cir. 2017). Because Guevara’s challenge is foreclosed by *Murillo-Alvarado,*the judgment is affirmed.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provid*423ed by Ninth Circuit Rule 36-3.
No. 12-5131.

#### Tucker *v.*Costello.

Super. Ct. N. J., App. Div. Motion of petitioner for leave to proceed *informa pauperis*
      *806denied, and certiorari dismissed. See this Court’s Rule 39.8. As petitioner has repeatedly abused this Court’s process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See *Martin*v. *District of Columbia Court of Appeals,*506 U. S. 1 (1992) *(per curiam).*
**EXHIBIT
32.2**
 
 
 **CERTIFICATION
PURSUANT TO**
 **SECTION
906 OF THE**
 **SARBANES-OXLEY
ACT OF 2002**
 
 
 I,
Patrick J. Goodman, Senior Vice President and Chief Financial Officer of CE
Casecnan Water and Energy Company, Inc. (the "Company"), certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to
the best of my knowledge:
 
 (1)
    the
      Quarterly Report on Form 10-Q of the Company for the quarterly period
      ended March 31, 2005 (the "Report") fully complies with the requirements
      of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
      U.S.C. 78m or 78o(d)); and(2)
    the
      information contained in the Report fairly presents, in all material
      respects, the financial condition and result of operations of the
      Company.
 
 
 
 
 Date: May
6, 2005
 
 
 /s/
Patrick J. Goodman
 Patrick
J. Goodman
 Senior
Vice President and Chief Financial Officer
 (chief
financial officer)
#### RADHA R.M. NARUMANCHI ET AL. *v.*NATIONWIDE MUTUAL INSURANCE COMPANY

(AC 21324)

Spear, Mihalakos and Flynn, Js.

Submitted on briefs April 26

officially released May 22, 2001

Per Curiam.

The judgment is affirmed.
#### Reginald D. EVANS, Plaintiff-Appellant, v. Carolina RICHARDSON, Treasurer FOR SUMTER COUNTY SOUTH CAROLINA; Sumter County, South Carolina, Defendants-Appellees.

No. 17-2229

United States Court of Appeals, Fourth Circuit.

Submitted: February 22, 2018

Decided: February 26, 2018

Reginald D. Evans, Appellant Pro Se. James M. Davis, Jr., LINDEMANN, DAVIS *&*HUGHES, PA, Columbia, South Carolina; Jasmine Desiree Wyman, DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for Appellees.

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

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Reginald D. Evans appeals the district court’s order accepting the recommendation of the magistrate judge and dismissing his civil action for failure to state a claim. We concluded that the district court correctly determined that Evans’ sole claim, that Sumter County’s tax sale violated his due process rights, is barred from consideration by the Tax Injunction Act, 28 U.S.C; § 1341 (2012), and the related comity doctrine. *See Lawyer v. Hilton Head Pub. Serv. Dist. No. 1,*220 F.3d 298, 302-05 (4th Cir. 2000). Accordingly, we affirm the district court’s dismissal of Evans’ complaint. But because the court lacked jurisdiction to consider Evans’ claim,* we vacate the district court’s judgment to the extent that the dismissal was with prejudice, and remand with instructions to dismiss the case without prejudice. *S. Walk at Broadlands Homeowner’s Ass’n, Inc. v. OpenBand at Broadlands, LLC,*713 F.3d 175, 185 (4th Cir. 2013). 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 IN PART, VACATED IN PART, AND REMANDED*

*

 Evans' original complaint contained several causes of action, but was dismissed for failure to state a claim; we dismissed Evans’ appeal of that determination for lack of jurisdiction, and remanded the matter to allow Evans to file an amended complaint. *Evans v. Richardson,*689 Fed.Appx. 750 (4th Cir. 2017). On remand, Evans abandoned any claims not related to the tax sale, and, thus, there is no remaining cause of action that would provide federal jurisdiction.
# Official Journal C 150/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 150 |
| | |
| English edition | Information and Notices | Volume 6013 May 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 150

English edition

Information and Notices

Volume 6013 May 2017

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 150/01 | Non-opposition to a notified concentration (Case M.8462 — KKR/CDPQ/USI Insurance Services) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 150/01

Non-opposition to a notified concentration (Case M.8462 — KKR/CDPQ/USI Insurance Services) (
  1
  )

1

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 150/02 | Euro exchange rates | 2 |
| 2017/C 150/03 | Communication from the Commission — Publication of the total number of allowances in circulation for the purposes of the Market Stability Reserve under the EU Emissions Trading System established by Directive 2003/87/EC | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 150/02

Euro exchange rates

2

2017/C 150/03

Communication from the Commission — Publication of the total number of allowances in circulation for the purposes of the Market Stability Reserve under the EU Emissions Trading System established by Directive 2003/87/EC

3

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 150/04 | Prior notification of a concentration (Case M.8477 — LGP/OMERS/OPE Caliber Holdings) — Candidate case for simplified procedure (
  1
  ) | 6 |
| 2017/C 150/05 | Prior notification of a concentration (Case M.8286 — RHI/Magnesita Refratários) (
  1
  ) | 7 |
| | OTHER ACTS |
| | European Commission |
| 2017/C 150/06 | Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 8 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 150/04

Prior notification of a concentration (Case M.8477 — LGP/OMERS/OPE Caliber Holdings) — Candidate case for simplified procedure (
  1
  )

1

6

2017/C 150/05

Prior notification of a concentration (Case M.8286 — RHI/Magnesita Refratários) (
  1
  )

1

7

OTHER ACTS

European Commission

2017/C 150/06

Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

8

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN
#### IN RE: Henry Earl MILLER, a/k/a Stef, a/k/a Stefan, Petitioner.

No. 18-1007

United States Court of Appeals, Fourth Circuit.

Submitted: February 22, 2018

Decided: February 27, 2018

*343Henry Earl Miller, Petitioner Pro Se.

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

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Henry Earl Miller petitions for a writ of mandamus, alleging that the district court has unduly delayed in ruling on his successive 28 U.S.C. § 2255 (2012) motion and motion for bond pending resolution of his habeas motion. He seeks an order from this court directing the district court to act. We find the present record does not reveal undue delay in the district court. Accordingly, we' grant leavé to proceed in forma pauperis and deny the mandamus petition. 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.

*PETITION DENIED*
No. D-2478.

#### In re Disbarment of Golden,

562 U. S. 1197. Motion for reconsideration of disbarment denied.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           6,356
<INT-BEARING-DEPOSITS>                           8,951
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                          94,560
<INVESTMENTS-MARKET>                            94,585
<LOANS>                                        425,336
<ALLOWANCE>                                      1,222
<TOTAL-ASSETS>                                 547,119
<DEPOSITS>                                     451,034
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                              4,617
<LONG-TERM>                                     10,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        39,553
<OTHER-SE>                                      41,915
<TOTAL-LIABILITIES-AND-EQUITY>                 547,119
<INTEREST-LOAN>                                 25,089
<INTEREST-INVEST>                                4,567
<INTEREST-OTHER>                                   333
<INTEREST-TOTAL>                                29,989
<INTEREST-DEPOSIT>                              17,322
<INTEREST-EXPENSE>                              17,557
<INTEREST-INCOME-NET>                           12,432
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                                 394
<EXPENSE-OTHER>                                  7,516
<INCOME-PRETAX>                                  6,466
<INCOME-PRE-EXTRAORDINARY>                       4,141
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,141
<EPS-PRIMARY>                                      .92
<EPS-DILUTED>                                      .92
<YIELD-ACTUAL>                                    7.78
<LOANS-NON>                                      5,033
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  1,449
<ALLOWANCE-OPEN>                                 1,251
<CHARGE-OFFS>                                       40
<RECOVERIES>                                        11
<ALLOWANCE-CLOSE>                                1,222
<ALLOWANCE-DOMESTIC>                               388
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            834
        

</TABLE>
**Exhibit 32.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICERPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**(18 U.S.C. 1350)

 

The undersigned, Robert S.Herlin, President and Chief Executive Officer of Natural Gas Systems, Inc. (the“Company”), certifies in connection with the filing with the Securities andExchange Commission of the Company’s Quarterly Report on Form 10-QSB for thequarter ended September 30, 2004 (the “Report”)”) pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes Oxley Act of 2002, tohis knowledge, that:

 

1. The Report fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

 

2. The information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company.

 

IN WITNESS WHEREOF, theundersigned has executed this certification as of the 16th day of November ,2004. 

 

 
|     | */s/ Robert S. Herlin*    |   |
|----------|---------------------------|--------|
|     | *Robert S. Herlin*        |
| * * | *Chief Executive Officer* |

 

----
Exhibit 35.1




Servicer Compliance Statement of Nissan Motor Acceptance Corporation









NISSAN MOTOR ACCEPTANCE CORPORATION




OFFICER'S CERTIFICATE




The undersigned, Mark Kaczynski, President and Chief Executive Officer of NISSAN MOTOR ACCEPTANCE CORPORATION, a California corporation (the “Company”), does hereby certify, in his capacity as such corporate officer, as follows:




(1)           The undersigned has caused a review of the activities of the Company, in its capacity as Servicer, during the period December 10, 2014 through March 31, 2015 (the “Reporting Period”), and of its performance pursuant to the Sale and Servicing Agreement, dated as of December 10, 2014 (the “Agreement”), by and among the Company, individually and as servicer, Nissan Auto Receivables Corporation II, as seller, and Nissan Auto Receivables 2014-B Owner Trust, to be conducted under his supervision; and




(2)           To the best of the undersigned’s knowledge, based upon such review, the Company has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period.




This Officer’s Certificate is being furnished pursuant to Item 1123 of the Securities and Exchange Commission’s Regulation AB for publicly-issued asset-backed securities.  Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Agreement.




IN WITNESS WHEREOF, I have set my hand effective as of the 26th day of June, 2015.




/s/ Mark Kaczynski_________________


Mark Kaczynski


President and Chief Executive Officer
<PAGE>


                                                                   Exhibit 32.1


               STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THE
               SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350

         The undersigned, Andrew Gordon, is the President, Chief Executive
Officer and Chief Financial Officer of Coffee Holding Co., Inc. (the "Company").

         This statement is being furnished in connection with the filing by the
Company of the Company's Quarterly Report on Form 10-QSB for the period ended
January 31, 2005 (the "Report").

         By execution of this statement, I certify that:

         A)       the Report fully complies with the requirements of Section
                  13(a) or 15(d) of the Securities Exchange Act of 1934 (15
                  U.S.C. 78m(a) or 78o(d)) and

         B)       the information contained in the Report fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Company as of the dates and for the periods
                  covered by the Report.

This statement is authorized to be attached as an exhibit to the Report so that
this statement will accompany the Report at such time as the Report is filed
with the Securities and Exchange Commission, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350. It is not intended that this
statement be deemed to be filed for purposes of the Securities Exchange Act of
1934, as amended.

A signed original of this written statement required by Section 906 has been
provided to Coffee Holding Co., Inc. and will be retained by Coffee Holding Co.,
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.




March 17, 2005                                       /s/ Andrew Gordon
--------------------------                           --------------------------
Dated                                                Andrew Gordon
# Official Journal L 192/2011

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2011.192.eng |
| --- | --- |
| Official Journal
  of the European Union | L 192 |
| | |
| English edition | Legislation | Volume 5422 July 2011 |

ISSN 1725-2555

doi:10.3000/17252555.L_2011.192.eng

Official Journal

of the European Union

L 192

English edition

Legislation

Volume 5422 July 2011

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) No 691/2011 of the European Parliament and of the Council of 6 July 2011 on European environmental economic accounts (1) | 1 |
| | * | Regulation (EU) No 692/2011 of the European Parliament and of the Council of 6 July 2011 concerning European statistics on tourism and repealing Council Directive 95/57/EC (1) | 17 |
| | * | Regulation (EU) No 693/2011 of the European Parliament and of the Council of 6 July 2011 amending Council Regulation (EC) No 861/2006 establishing Community financial measures for the implementation of the common fisheries policy and in the area of the Law of the Sea | 33 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) No 691/2011 of the European Parliament and of the Council of 6 July 2011 on European environmental economic accounts (1)

1

*

Regulation (EU) No 692/2011 of the European Parliament and of the Council of 6 July 2011 concerning European statistics on tourism and repealing Council Directive 95/57/EC (1)

17

*

Regulation (EU) No 693/2011 of the European Parliament and of the Council of 6 July 2011 amending Council Regulation (EC) No 861/2006 establishing Community financial measures for the implementation of the common fisheries policy and in the area of the Law of the Sea

33

| | | II   Non-legislative acts |
| --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | | 2011/432/EU |
| | * | Council Decision of 9 June 2011 on the approval, on behalf of the European Union, of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance | 39 |
| Convention on the International Recovery of Child Support and Other Forms of Family Maintenance | 51 |

II   Non-legislative acts

INTERNATIONAL AGREEMENTS

2011/432/EU

*

Council Decision of 9 June 2011 on the approval, on behalf of the European Union, of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance

39

Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

51

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| 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.