alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6080

ALLAN A. PETERSEN, Plaintiff - Appellant,

v. BRIAN PRICE; MICHELLE SPEARS; DOMINIC GUTIERREZ; SUSAN MCCLINTOCK; MAVIS HOLYFIELD, Defendants - Appellees.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:06-cv-00106-FPS-JSK)

Submitted: December 17, 2009 Decided: January 7, 2010

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

Dismissed by unpublished per curiam opinion.

Allan A. Petersen, Appellant Pro Se. Betsy C. Jividen, Acting United States Attorney, Wheeling, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.PER CURIAM: Allan A. Petersen appeals the district court’s order dismissing with prejudice his civil rights complaint. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. When the United States or its officer or agency is a party, the notice of appeal must be filed no more than sixty days after the entry of the district court’s final judgment or order, Fed. R. App. P. 4(a)(1)(B), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5) or reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” Bowles v. Russell , 551 U.S. 205, 214 (2007); see United States v. Urutyan , 564 F.3d 679, 685 (4th Cir. 2009) (discussing Bowles and the appeal periods under Fed. R. App. P. 4(a)). The district court’s order dismissing Petersen’s complaint was entered on September 28, 2007, and the sixty-day appeal period expired on November 27, 2007. We have twice

remanded this case to the district court to determine whether Petersen timely filed his notice of appeal or could establish good cause or excusable neglect to extend the appeal period.

See Peterson v. Price , 324 F. App’x 230, 231 (4th Cir. 2009)

23 (No. 08-6080); Peterson v. Price , 272 F. App’x 309 (4th Cir. 2008) (No. 08-6080). In its most recent order, the district court concluded the notice of appeal was untimely because it was filed, at the earliest, on December 3, 2007. Fed. R. App. P. 4(c); Houston v.

Lack , 487 U.S. 266 (1988). In reaching this conclusion, the district court relied on evidence submitted by Defendants to refute the earlier filing date Petersen asserted. Petersen did not dispute this evidence in the district court and offers no contrary position on appeal. The district court further concluded Petersen had not established the good cause or excusable neglect required to extend the appeal period. We agree with the district court’s determination regarding the timeliness of the notice of appeal. Because Petersen failed to file a timely notice of appeal or to obtain an extension of the appeal period, we dismiss the appeal. 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.

DISMISSED
IV

105TH CONGRESS

1ST SESSION H. CON. RES. 171

Declaring the memorial service sponsored by the National Emergency Medical

Services (EMS) Memorial Service Board of Directors to honor emergency

medical services personnel to be the ‘‘National Emergency Medical Services Memorial Service’’.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 21, 1997

Mr. GOODLATTE (for himself and Mr. GOODE) submitted the following

concurrent resolution; which was referred to the Committee on Commerce

CONCURRENT RESOLUTION

Declaring the memorial service sponsored by the National

Emergency Medical Services (EMS) Memorial Service

Board of Directors to honor emergency medical services

personnel to be the ‘‘National Emergency Medical Services Memorial Service’’.

Whereas in 1928 Julian Stanley Wise founded the first volunteer rescue squad in United States, the Roanoke Life

Saving and First Aid Crew, and Virginia has subsequently taken the lead in honoring the thousands of people nationwide who give their time and energy to community rescue squads through the establishment of To The

Rescue, a museum located in Roanoke devoted to emergency medical services (EMS) personnel;
2

•HCON 171 IH

Whereas to further recognize the selfless contributions of

EMS personnel nationwide, the Virginia Association of

Volunteer Rescue Squads, Inc. and the Julian Stanley

Wise Foundation, in conjunction with To The Rescue, in

1993 organized the first annual National Emergency

Medical Services (EMS) Memorial Service in Roanoke,

Virginia, to honor EMS personnel from across the country who have died in the line of duty;

Whereas the annual National EMS Memorial Service has

captured national attention by honoring 119 providers of

emergency medical services from 35 States;

Whereas the singular devotion of EMS personnel to the safety and welfare of their fellow citizens is worthy of the

highest praise;

Whereas the annual National EMS Memorial Service is a fitting reminder of the bravery and sacrifice of EMS personnel nationwide;

Whereas, according to the Department of Health and Human

Services, 170,000 Americans require emergency medical

services on an average day, a number which projects to

over 60,000,000 people annually; and

Whereas the life of every American will be affected, directly

or indirectly, by the uniquely skilled and dedicated efforts

of EMS personnel who work bravely and tirelessly to preserve America’s greatest resource—people: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That Congress declares the memorial service

3 held in Roanoke, Virginia, and sponsored by the National

4 Emergency Medical Services (EMS) Memorial Service
3

•HCON 171 IH

1 Board of Directors to honor emergency medical services

2 personnel who have died in the line of duty to be the ‘‘Na3 tional Emergency Medical Services Memorial Service’’.

4 SEC. 2. RULE OF CONSTRUCTION.

5 Nothing in this resolution shall be construed to place

6 the National Emergency Medical Services Memorial Serv7 ice under Federal authority or to require any expenditure

8 of Federal funds.

Æ
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 255 Enrolled Bill (ENR)]

        H.Con. Res.255
                                          Agreed to May 13, 1998        

                       One Hundred Fifth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight

                          Concurrent Resolution

 

    Resolved by the House of Representatives (the Senate concurring),

SECTION 1. AUTHORIZATION OF SOAP BOX DERBY RACES ON CAPITOL GROUNDS.

    The Greater Washington Soap Box Derby Association (hereinafter 
referred to as the ``Association'') shall be permitted to sponsor a 
public event, soap box derby races, on the Capitol Grounds on July 11, 
1998, or on such other date as the Speaker of the House of 
Representatives and the Committee on Rules and Administration of the 
Senate may jointly designate.

SEC. 2. CONDITIONS.

    The event to be carried out under this resolution shall be free of 
admission charge to the public and arranged not to interfere with the 
needs of Congress, under conditions to be prescribed by the Architect 
of the Capitol and the Capitol Police Board; except that the 
Association shall assume full responsibility for all expenses and 
liabilities incident to all activities associated with the event.

SEC. 3. STRUCTURES AND EQUIPMENT.

    For the purposes of this resolution, the Association is authorized 
to erect upon the Capitol Grounds, subject to the approval of the 
Architect of the Capitol, such stage, sound amplification devices, and 
other related structures and equipment as may be required for the event 
to be carried out under this resolution.

SEC. 4. ADDITIONAL ARRANGEMENTS.

    The Architect of the Capitol and the Capitol Police Board are 
authorized to make any such additional arrangements that may be 
required to carry out the event under this resolution.

SEC. 5. APPLICABILITY OF PROHIBITIONS.

    Nothing in this resolution may be construed to waive the 
applicability of the prohibitions established by section 4 of the Act 
of July 31, 1946 (40 U.S.C. 193d; 60 Stat. 718), concerning sales, 
displays, and solicitations on the Capitol Grounds.
  Attest:

                                 Clerk of the House of Representatives.

  Attest:

                                               Secretary of the Senate.
```
III

104TH CONGRESS

1ST SESSION S. RES. 153

To make certain technical corrections to Senate Resolution 120.

IN THE SENATE OF THE UNITED STATES

JULY 17 (legislative day, JULY 10), 1995

Mr. DOLE (for himself and Mr. DASCHLE) submitted the following resolution;

which was considered and agreed to

RESOLUTION

To make certain technical corrections to Senate Resolution

120.

1 Resolved, That Senate Resolution 120, agreed to May

2 17, 1995 (104th Congress, 1st Session), is amended—

3 (1) in section 2(a)(1)(A) by inserting ‘‘, except

4 that Senator Frank H. Murkowski shall substitute

5 for Senator Phil Gramm’’ before the semicolon;

6 (2) in section 5(b)—

7 (A) in paragraph (11) by inserting ‘‘with

8 the approval of the Committee on Rules and

9 Administration’’ before the period; and
2

•SRES 153 ATS

1 (B) in paragraph (12) by inserting ‘‘and

2 the Committee on Rules and Administration’’

3 after ‘‘concerned’’; and

4 (3) in section 8 by adding at the end the follow5 ing: ‘‘There are authorized such sums as may be

6 necessary for agency contributions related to the

7 compensation of employees of the Special Committee

8 from May 17, 1995, through February 29, 1996, to

9 be paid from the appropriations account for ‘Ex10 penses of Inquiries and Investigations’ of the Sen11 ate.’’.

Æ
#### Carlos Antonio Moreno HERNANDEZ, AKA Carlos Antonio Moreno, AKA Tony Moreno, AKA Carlo A. Moreno Hernandez, AKA Carlos Moreno Hernandez, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 15-71811

United States Court of Appeals, Ninth Circuit.

*912Submitted December 18, 2017 *

Filed December 20, 2017

Frances Esther Arroyo, Esquire, Counsel, Eric Price, Los Angeles, CA, for Petitioner

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

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

*

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

MEMORANDUM **

Carlos Antonio Moreno Hernandez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision finding him inadmissible and denying his request for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the agency’s denial of a motion to continue, *Sandoval-Luna v. Mulcasey,*526 F.3d 1243, 1247 (9th Cir. 2008), and review de novo questions of law, *Vinh Tan Nguyen v. Holder,*763 F.3d 1022, 1027 (9th Cir. 2014). We deny in part and grant in part the petition for review, and remand.

The agency did not abuse its discretion in denying Moreno Hernandez’s motion for a continuance where he failed to show good cause. *See*8 C.F.R § 1003.29 (IJ has authority to grant continuance upon showing of good cause); *Salviejo-Fernandez v. Gonzales,*455 F.3d 1063, 1067-68 (9th Cir. 2006) (conviction under California Health and Safety Code § 11366 is an aggravated felony); *Sandoval-Luna,*526 F.3d at 1247 (no good cause for continuance where relief from removal was not available).

The agency did not have the benefit of our decision in *Ramirez-Contreras v. Sessions,*858 F.3d 1298 (9th Cir. 2017), holding that California Vehicle Code § 2800.2(a) is not a crime involving moral turpitude, when it determined that Moreno Hernandez’s conviction under § 2800.2(a) was categorically a crime involving moral turpitude. We therefore remand because Moreno Hernandez is not inadmissible under 8 U.S.C. § 1182(a)(2)(A)(i)(I). *See Ramirez-Contreras,*858 F.3d at 1306 (holding § 2800.2 is indivisible).

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

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

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ALVIN E. WILLIAMS; JUDITH M. 

BROWN-WILLIAMS, 

Plaintiffs-Appellants, 

 v. 

BENTLEY MOTORS, INC.; RUSNAK 

PASADENA, 

Defendants-Appellees.

No. 16-56317 

D.C. No. 2:12-cv-05685-GW-JCG 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

George H. Wu, District Judge, Presiding

Submitted June 26, 2017**

Before: PAEZ, BEA, and MURGUIA, Circuit Judges.

Alvin E. Williams and Judith M. Brown-Williams appeal pro se from the 

district court’s order denying their post-judgment motion for reconsideration in 

their action alleging federal and state law claims. We have jurisdiction under 28 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JUL 6 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 16-56317 

U.S.C. § 1291. We review for an abuse of discretion. Sch. Dist. No. 1J, 

Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). We 

affirm. 

The district court did not abuse its discretion by denying appellants’ fourth 

motion for reconsideration because appellants failed to establish any basis for such 

relief. See id. at 1262-63 (setting forth grounds for reconsideration under Fed. R. 

Civ. P. 60(b)). 

Appellants’ pending motions (Docket Entry Nos. 22, 23, and 24) are denied. 

AFFIRMED.
<PAGE>

                                                                      Exhibit 32

                            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 ChrisKen Partners Cash Income Fund
L.P. (the "Partnership") on Form 10-QSB for the period ended September 30, 2004,
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned, John F. Kennedy, President (Principal Executive
Officer) of ChrisKen Income Properties, Inc., the Managing General Partner of
the Partnership, and Robert Mayer, Acting Principal Financial Officer of
ChrisKen Income Properties, Inc., the Managing General Partner of the
Partnership, each certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

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 Partnership.

Date: November 15, 2004

                               By:  /s/ John F. Kennedy
                                    -------------------------------------------
                                    John F. Kennedy
                                    President
                                    ChrisKen Income Properties, Inc.,
                                      Managing General Partner
                                    ChrisKen Partners Cash Income Fund L.P.

                               By:  /s/ Robert Mayer
                                    -------------------------------------------
                                    Robert Mayer
                                    Acting Principal Accounting Officer
                                    ChrisKen Income Properties, Inc.,
                                      Managing General Partner
                                    ChrisKen Partners Cash Income Fund L.P.
<PAGE>   1
                                  UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                              Washington D.C. 20549


                                   FORM 10-Q/A


        [X]     Quarterly Report Pursuant to Section 13 or 15(d) of the
                Securities Exchange Act of 1934

                    For the quarter ended SEPTEMBER 30, 1999

        [ ]     TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
                SECURITIES EXCHANGE ACT OF 1934

        For the transition period from __________ to __________


                         Commission File Number 0-15949

                   INTERNATIONAL MICROCOMPUTER SOFTWARE, INC.
             ------------------------------------------------------
             (Exact name of registrant as specified in its charter)


<TABLE>
<S>                                                        <C>
                  CALIFORNIA                                   94-2862863
        (State or other jurisdiction of                      (I.R.S. Employer
         incorporation or organization)                    identification No.)

           75 ROWLAND WAY, NOVATO, CA                            94945
    (Address of principal executive offices)                   (Zip code)
</TABLE>


                                 (415) 878-4000
               (Registrant's telephone number including area code)


Indicate by check mark whether registrant (1) has filed all reports required to
be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during
the preceding 12 months, and (2) has been subject to such filing requirements
for the past 90 days.

                                 YES [X] NO [ ]


As of November 8, 1999, 7,024,409 shares of Registrant's common stock, no par
value, were outstanding.


<PAGE>   2
                                   SIGNATURES



Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.

DATE: August 10, 2000         INTERNATIONAL MICROCOMPUTER SOFTWARE, INC.


        By:    /s/ Geoffrey Koblick
           -------------------------------
        Geoffrey Koblick
        Chairman of the Board of Directors


                                       26
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 61 Engrossed in House (EH)]

  1st Session

                            H. CON. RES. 61

_______________________________________________________________________

                         CONCURRENT RESOLUTION

         Honoring the lifetime achievements of Jackie Robinson.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  1st Session
H. CON. RES. 61

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Whereas Jackie Robinson was the first four sport letterman at the University of 
        California at Los Angeles;
Whereas on April 15, 1947, Jackie Robinson was the first African-American to 
        cross the color barrier and play for a major league baseball team;
Whereas Jackie Robinson, whose career began in the Negro Leagues, went on to be 
        named Rookie of the Year and subsequently led the Brooklyn Dodgers to 
        six National League pennants and a World Series championship;
Whereas Jackie Robinson's inspiring career earned him recognition as the first 
        African-American to win a batting title, lead the league in stolen 
        bases, play in an All-Star game, win a Most Valuable Player award, play 
        in the World Series and be elected to baseball's Hall of Fame;
Whereas after retiring from baseball Jackie Robinson was active in the civil 
        rights movement and founded the first bank owned by African-Americans in 
        New York City;
Whereas his legacy continues to uplift the Nation through the Jackie Robinson 
        Foundation that has provided 425 scholarships to needy students;
Whereas Jackie Robinson's courage, dignity, and example taught the Nation that 
        what matters most is not the color of a man's skin but rather the 
        content of his character;
Whereas Jackie Robinson, in his career, consistently demonstrated that how you 
        play the game is more important than the final score;
Whereas Jackie Robinson's life and heritage help make the American dream more 
        accessible to all; and
Whereas April 15, 1997, marks the 50th anniversary of Jackie Robinson's entrance 
        into major league baseball: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the achievements and contributions of Jackie Robinson be honored 
and celebrated; that his dedication and sacrifice be recognized; and 
that his contributions to African-Americans and to the Nation be 
remembered.

            Passed the House of Representatives April 16, 1997.

            Attest:

                                                                 Clerk.
```
No. 12-5165.

#### Lawhorn *v.*Ayers et al.

C. A. 4th Cir. Motion of petitioner for leave to proceed *in forma pauperis*denied, and certiorari dismissed. See this Court’s Rule 39.8.
No. 11-1386.

#### Shepherd *v.*Henson, Judge, Court of Common Pleas, Richland County, Ohio.

Sup. Ct. Ohio. Certiorari denied.