alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### 7912 LIMBWOOD COURT TRUST, Plaintiff-Appellant, v. WELLS FARGO BANK, N.A.; Federal Home Loan Mortgage Corporation, Defendants-Appellees.

No. 16-15263

United States Court of Appeals, Ninth Circuit.

Argued and Submitted November 13, 2017 Pasadena, California

Filed December 18, 2017

Luis A. Ayon, Ayon Law PLLC, Las Vegas, NV, for Plaintiff-Appellant

Richard C. Gordon, Esquire, Attorney, Robin E. Perkins, Attorney, Snell & Wilmer, LLP, Las Vegas, NV, Amy F. Soren-son, Attorney, Snell & Wilmer LLP, Salt Lake City, UT, for Defendant-Appellee Wells Fargo Bank, N.A.

Richard C. Gordon, Esquire, Attorney, Robin E. Perkins, Attorney, Kelly Harrison Dove, Esquire, Attorney, Snell <& Wilmer, LLP, Las Vegas, NV, Amy F. Soren-son, Attorney, Snell & Wilmer LLP, Salt Lake City, UT, Andrew Martin Jacobs, Esquire, Attorney, Snell & Wilmer L.L.P., Phoenix, AZ, for Defendant-Appellee Federal Home Loan Mortgage Corporation

*480Before: KOZINSKI, HAWKINS, and PARKER,* Circuit Judges.

*

 The Honorable Barrington D. Parker, United States Circuit Judge for the U.S. Court of Appeals for the Second Circuit, sitting by designation.

MEMORANDUM**

Plaintiff 7912 Limbwood Court Trust (“Limbwood”) appeals from a judgment of the United States District Court for the District of Nevada. The court below granted summary judgment in favor of Defendants Wells Fargo Bank, N.A. and Federal Home Loan Mortgage Corporation and dismissed Limbwood’s complaint seeking quiet title. We affirm.

Limbwood contends that under Nevada Revised Statute § 116.3116 *et seq.*(“the Statute”), its purchase of real property for $5,100 at a non-judicial foreclosure sale [ER 433] grants it title to the property free of any encumbrances, including a $133,500 deed of trust held by Wells Fargo [ER 408] and subsequently acquired by Federal Home Loan Mortgage Corporation [ER 436-38]. In *Bourne Valley Court Trust v. Wells Fargo Bank, N.A.,*832 F.3d 1154 (9th Cir. 2016), this Court held the Statute to be facially unconstitutional. That successful challenge means that the law has no force or effect. *See Foti v. City of Menlo Park,*146 F.3d 629, 635 (9th Cir. 1998). Therefore, the Statute could not operate to extinguish the first deed of trust.

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. Orrin Lamar JACKSON, Defendant-Appellant.

No. 16-7557

United States Court of Appeals, Fourth Circuit.

Submitted: May 23, 2017

Decided: May 25, 2017

*752Orrin Lamar Jackson, Appellant Pro Se, Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Before KING, AGEE, and WYNN, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Orrin Lamar Jackson seeks to appeal the district court’s order denying his second motion for reconsideration of the denial of relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of ap-pealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Jackson has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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*
No. 11-10003.

No. 11-10400.

No. 11-10442.

No. 11-10521.

No. 11-10810.

No. 12-5011.

No. 12-5197.

#### Gibson *v.*United States. Gray *v.*United States. Neal *v.*United States. Sumlin *v.*United States. Hicks *v.*United States. Coleman *v.*United States. Fields *v.*United States. *803Pettis *v.*United States. Shoumaker *v.*United States. Thomas *v.*United States. Burnett *v.*United States. Burns *v.*United States. Morris *v.*United States. Edmonds *v.*United States.

*802C. A. 4th Cir. Reported below: 453 Fed. Appx. 295;

C. A. 5th Cir. Reported below: 669 F. 3d 556;

C. A. 5th Cir. Reported below: 464 Fed. Appx. 244;

C. A. 8th Cir. Reported below: 453 Fed. Appx. 668;

C. A. 5th Cir. Reported below: 464 Fed. Appx. 347;

C. A. 5th Cir. Reported below: 464 Fed. Appx. 424;

C. A. 5th Cir. Reported below: 476 Fed. Appx. 12;

*803No. 12-5281.

No. 12-5285.

No. 12-5290.

No. 12-5291.

No. 12-5346.

No. 12-5562.

No. 12-5713.

C. A. 5th Cir. Reported below: 467 Fed. Appx. 269;

C. A. 5th Cir. Reported below: 467 Fed. Appx. 269;

C. A. 5th Cir. Reported below: 466 Fed. Appx. 386;

C. A. 5th Cir. Reported below: 466 Fed. Appx. 381;

C. A. 5th Cir. Reported below: 467 Fed. Appx. 265;

C. A. 6th Cir.; and

C. A. 4th Cir. Reported below: 679 F. 3d 169. Motions of petitioners for leave to proceed *in forma pauperis*granted. Certiorari granted, judgments vacated, and cases remanded for further consideration in light of *Dorsey*v. *United States,*567 U. S. 260 (2012).
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          30,946
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                31,841
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  31,841
<CURRENT-LIABILITIES>                           16,413
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        46,774
<OTHER-SE>                                    (31,346)
<TOTAL-LIABILITY-AND-EQUITY>                    31,841
<SALES>                                              0
<TOTAL-REVENUES>                                 6,171
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                17,009
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (10,838)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (10,838)
<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                                  (10,838)
<EPS-BASIC>                                      (.00)
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</TABLE>
|                                       |
|---------------------------------------|
|                                       |  |
| Citibank, N.A.                        | Deutsche Bank Trust Company Americas |
| As AART Indenture Trustee             | As AART Owner Trustee |
| Attn:  Kristen Driscoll     | Attn: Corporate Trust & Agency Group - Structured Finance Services |
| 388 Greenwich Street, 14th Floor | 60 Wall Street, 26th floor |
| New York, NY 10013                    | Mail Stop: NYC60-2606 |
|                                  | New York, NY 10005 |

|        |
|--------|
|        |  |
|   |   |
|   |   |
|   |   |
|   |   |
|   |   |
|   |   |

|        |
|--------|
|        |  |
| Re:    | AART 2014-SN2 - Administration Agreement |
|   | Annual Statement as to Compliance |

|    |
|----|
|    |  |
| a. | A review of the activities of the Administrator during the period of January 1, 2016 through December 31, 2016, and of its performance under the Administration Agreement has been under his supervision, and |

|    |
|----|
|    |  |
| b. | To the best of his knowledge, based on such review, the Administrator has fulfilled all of its obligations under the Administration Agreement throughout such period. |

|        |
|--------|
|        |  |  |
|   | Very truly yours, |
|   |   |
|   | /s/ David J. DeBrunner |   |
|   | David J. DeBrunner |
|   | Vice President, Controller and Chief Accounting Officer |
|   |   |
422 P.2d 182

#### Jessie J. BANDY, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona and Phillips, Bailing and Tillage, Inc., Respondents.

No. 1 CA-IC 102.

Court of Appeals of Arizona.

Jan. 11, 1967.

*552Gorey & Ely, by Stephen S. Gorey, Phoenix, for petitioner.

Robert K. Park, Chief Counsel, by Glen D. Webster, Phoenix, for respondents.

CAMERON, Chief Judge.

This case is before the Court on a writ of certiorari brought by petitioner Jessie J. Bandy, to review the lawfulness of the Award and Findings of the Industrial Commission of Arizona issued 30 December 1965.

The question presented for review is whether the Commission’s award and findings are reasonably supported by the evidence.

The petitioner was injured on 22 January 1964, in a 25 foot fall from a ladder. He landed on his feet, injuring both feet and ankles, fracturing both heel bones, and causing soft tissue damage. On 19 May 1964, the Commission issued a “Record of Commission’s Action”, which found petitioner’s average monthly wage to be $433.30, and found that he had been medically discharged as able to perform light work. This record contains a “20 day clause”, providing that any party aggrieved by the Commission’s action could file written application for rehearing within 20 days from the date of service. No application for hearing was filed.

14 April 1965, the Commission issued an award finding that petitioner suffered a 15 percent general physical functional disability as a result of his injury, but that he was able to perform the same or similar type of work as he performed before his injury, and that there was no evidence showing any loss of earning capacity due to his physical disability. Petitioner timely filed a petition for hearing, and a hearing was held 28 October 1965. The Commission’s award of 30 December 1965, reflects the findings made in the Referee’s Report. This award, among other findings, found that the average monthly wage of $433.30 determined in the record of Commission’s action of 19 May 1964, was final and res judicata; that at the time of injury and during the preceding year, petitioner, in addition to his employment with the insured employer Phillips, Bailing and Tillage, Inc., was self-employed on a part time basis as an independent contractor, but the self-employment activities were not insured under the Workmen’s Compensation Act. The award further found that petitioner, as a result of his industrial injury, is not able to perform his duties as speedily or efficiently as he previously was. He can, however, reasonably be expected to be able to earn $325 per month. Thus, he suffers a 24.99 percent loss of earning capacity, which entitles him to monthly compensation of $59.57 until further order of the Commission.

We have reviewed the record, and it is the opinion of this Court that the award and findings of the Commission are reasonably supported by the evidence. Everett v. Industrial Commission, 3 Ariz.App. 145, 412 P.2d 487 (1966).

The award is affirmed.

DONOFRIO and STEVENS, JJ-, concur.
**EXHIBIT31.2**

 

**CERTIFICATIONOF CHIEF FINANCIAL OFFICER**

**PURSUANTTO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Sterling H. McDonald, Vice-President and ChiefFinancial Officer of Evolution Petroleum Corporation, certify that:

 

1. I have reviewed this quarterly report on Form 10-Qof Evolution Petroleum Corporation;

 

2. Based on my knowledge, this report does not containany untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3. Based on my knowledge, the financial statements,and other financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the Registrant as of, and for, the periods presented in this report;

 

4. The Registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theRegistrant and have:

 

a) Designed such disclosure controls and procedures,or caused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the Registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;

 

b) Evaluated the effectiveness of the Registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

 

c) Disclosed in this report any change in theRegistrant’s internal control over financial reporting that occurred during theRegistrant’s most recent fiscal quarter (the Registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the Registrant’s internal control over financialreporting; and

 

5. The Registrant’s other certifying officer and Ihave disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the Registrant’s auditors and the audit committee ofthe Registrant’s Board of Directors (or persons performing the equivalentfunctions):

 

a) All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the Registrant’sability to record, process, summarize and report financial information; and

 

b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the Registrant’sinternal control over financial reporting.

 
|        | Date: May 14, 2008 |
|--------|-------------------------|
|   |                    |
|   |                    | /s/ STERLING H. MCDONALD |
|   |                    | Sterling H. McDonald |
|   |                    | Vice-President and Chief Financial Officer |

 

----
| 1.     | Such Annual Report on Form 10-K/A for the year ended December 31, 2009, 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 such Annual Report on Form 10-K/A for the Year ended December 31, 2009, fairly presents, in all material respects, the financial condition and results of operations of JBI Inc. |

|               |   |                     |   |
|--------------------|--------|--------------------------|--------|
| Date: July 9, 2010 | By:    | /s/ John Bordynuik       |   |
|               |   | John Bordynuik           |   |
|               |   | President, CEO, Director |   |
**EXHIBIT32.1**

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER**

**Pursuantto Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)**

The undersignedexecutive officer of First Federal Bancshares of Arkansas, Inc. (the “Registrant”)hereby certifies that the Registrant’s Form 10-Q for the three and six monthsended June 30, 2007 fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 and that the information containedtherein fairly presents, in all material respects, the financial condition andresults of operations of the Registrant.
|                                                   | By:    |   | /s/ Larry J. Brandt     |
|---------------------------------------------------|--------|--------|-------------------------|
|                                              |   |   | Larry J. Brandt         |
|                                              |   |   | Chief Executive Officer |
|                                              |   |   |                    |
| Date:     July  26, 2007 |   |   |                    |

 

----
EERE-2008-BT-TP-0020 COMMENT 05

u.s. DEPARTMENT OF ENERGY

PUBLIC MEETING ON THE NOTICE OF PROPOSED RULEMAKING FOR

TEST PROCEDURES FOR RESIDENTIAL FURNACES AND BOILERS

U.S. Department of Energy

1000 Independence Avenue, SW

Washington, DC 20585

Room 8E-089

Tuesday, August 18,2009

Purpose

The U.S. Department of Energy (DOE) will present its methodology used in developing

its Notice of Proposed Rulemaking (NOPR) addressing the ElSA 2007 requirements for

including standby and off mode power consumption measurements in its test procedure

lor residential furnaces and boilers. DOE will also seek input from interested pm1ies on

its methodologies, assumptions, data sources. proposed test procedures.

Agenda

9:00 - 9:05 am

9:05 - 9: 15 am

9:15 - 9:30·am

9:30 - 10:00 am

10:00 -10:45 am

Welcome

u.s. Department o.fEnergy

Opening Remarks, Introduction and Agenda Review

Doug Brookman

Rulemaking Overview

Mohammed Khan

This is an overview ofthe purposes ofthe public meeting and the

statutory authority and requirements DOE has [or addressing the

EISA 2007 requirements.

Brief Opening Remarks from Interested Parties (as applicable)

Doug Brookman

Interested parties are invited to make briefsummary comments

regarding the NOPR content proposed test procedures.

Rulemaking Steps, Rulemaking History, and Discussion of

Proposed Amendments

Mohammed Khan

Summary presentation of rulemaking steps, history, and discussion

regarding the approach used and factors considered for the

determination of scope and test procedure revisions.
EERE-2008-BT-TP-0020 COMMENT 05

10:45 - 11:00 am

11:00 -12:00 am

12:00 - 1:00 pm

1:00 - 3:45 pm

3:45 - 4:00 pm

Break

Discussion of Proposed Amendments

John Talboll

Summary presentation and discussion regarding the approach

used and factors considered for the market assessment and

engineering analysis.

Lunch (on your own)

Final Comments from Interested Parties

ext Steps and Closing

Mohammed Khan

Adjournment ofthe public meeting.

}
Exhibit 10.4


 


 





November
15, 2017


 


Securities
and Exchange Commission


100
F Street, NE


Washington,
D.C. 20549


 


Re:
NXChain Inc.


 


We
have read the statements included under Item 4.01 of the Form 8-K of NXChain Inc. regarding the change in registrant’s
certifying accountants. We agree with such statements made regarding our firm. We have no basis to agree or disagree with
other statements under Item 4.01.


 


Yours
truly,




 


/s/
Rosenberg Rich baker Berman & Company


 


 


 







 



AMERICAN
INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS • CENTER FOR AUDIT QUALITY • PRIVATE COMPANIES PRACTICE SECTION • PRIME
GLOBAL • REGISTERED WITH THE PUBLIC COMPANY ACCOUNTING OVERSIGHT BOARD
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<CIK> 0001006591
<NAME> WHITE PINE SOFTWARE, INC.
<MULTIPLIER> 1
<CURRENCY> US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               OCT-02-1998
<EXCHANGE-RATE>                                      1
<CASH>                                       8,246,776
<SECURITIES>                                         0
<RECEIVABLES>                                1,998,879
<ALLOWANCES>                                   163,402
<INVENTORY>                                     59,994
<CURRENT-ASSETS>                             1,080,135
<PP&E>                                       5,081,142
<DEPRECIATION>                               1,002,270
<TOTAL-ASSETS>                              16,659,677
<CURRENT-LIABILITIES>                        2,437,963
<BONDS>                                              0
<PREFERRED-MANDATORY>                          102,632
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                16,659,677
<SALES>                                              0
<TOTAL-REVENUES>                             5,640,829
<CGS>                                                0
<TOTAL-COSTS>                                1,093,658
<OTHER-EXPENSES>                            11,389,043
<LOSS-PROVISION>                                35,394
<INTEREST-EXPENSE>                               2,298
<INCOME-PRETAX>                            (6,407,700)
<INCOME-TAX>                                     5,306
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (6,413,006)
<EPS-PRIMARY>                                   (0.67)
<EPS-DILUTED>                                   (0.67)
        

</TABLE>