alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### IN RE: George M. ROWANN, Petitioner

No. 18-1068

United States Court of Appeals, Third Circuit.

Submitted Pursuant to Rule 21, Fed. R. App. P. March 1, 2018

(Opinion filed: March 6, 2018)

George M. Rowann, Pro Se

Before: JORDAN, SHWARTZ and KRAUSE, Circuit Judges

OPINION *

PER CURIAM

State prisoner George M. Rowann, proceeding pro se and in forma pauperis, petitions for a writ of mandamus, Rowann apparently is asking us to direct the Clerk of Courts for the Pennsylvania Court of Common Pleas, Erie County (“the Clerk”), to file and docket his habeas corpus petition. The Clerk returned his petition, unprocessed, citing a judge’s order indicating that “the Clerk of Records shall not accept any further motions related to [Rowann’s criminal cases] unless [Rowann] tenders the required fees,” as Rowann had “abused the judicial system” by filing “nine post-conviction petitions in one form or another.”

A writ of mandamus is a drastic remedy available only in extraordinary circumstances. See In re Diet Drugs Prods. Liab. Litig., 418 F.3d 372, 378 (3d Cir. 2005). Generally, mandamus is a “means ‘to confine an inferior court to a lawful exercise of its prescribed jurisdiction or to compel it to exercise its authority when it is its duty to do so.’ ” United States v. Christian, 660 F.2d 892, 893 (3d Cir. 1981) (quoting Roche v. Evaporated Milk Ass’n, 319 U.S. 21, 26, 63 S.Ct. 938, 87 L.Ed. 1185 (1943)). A writ should not issue unless the petitioner has “no other adequate means to attain the relief desired,” and has shown that his right to the writ is “clear and indisputable.” In re Diet Drugs Prods. Liab. Litig., 418 F.3d at 378-79.

It is well-settled that we may consider a petition for mandamus only if the action involves subject matter that may at some time come within this Court’s appellate jurisdiction. See Christian, 660 F.2d at 894-95. Here, however, Rowann does not allege any act or omission by a federal District Court within this Circuit over which we might exercise authority by way of mandamus. Nor does he allege any act or omission by a federal officer, employee, or agency that a District Court might have mandamus jurisdiction to address in the first instance. See 28 U.S.C. § 1361. Instead, Rowann asks us to order a state court or its officials to file and docket his petition. We lack the authority to grant this request. See In re Richards, 213 F.3d 773, 781 (3d Cir. 2000) (“[I]n the ordinary course of events, federal courts (except for the Supreme Court) lack appellate jurisdiction over their state counterparts, thus making writs of mandamus generally inappropriate.”); see also White v. Ward, 145 F.3d 1139, 1140 (10th Cir. 1998) (per curiam) (federal courts lack jurisdiction to direct a state court to rule on habeas petition).

*202Accordingly, we will deny the petition.1

*

 This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.

1

. Rowann's motion for appointment of counsel is denied.
exh1042.htm


EXHIBIT 10.42


 


 


 


 


STATEMENT OF WORK


AG-001


 


This Statement of Work (“SOW”), by and between Touchpoint Metrics, Inc. (“the Company”) and Ashley Garnot (“Consultant”) effective as of the later date signed below (“Effective Date”), will serve as the Company’s approval for the Consultant to begin work on the project described in the following:


 


Project Description:


Consultant agrees to provide professional consulting services related to investor relations to the Company as requested.


 


Project Duration:


This SOW will commence on the Effective Date and remain in full force until February 1, 2014.


 


Compensation:


Consultant will be compensated at $2,500 USD per month over the duration of the SOW.


 


Payment Schedule: Payment will be based upon invoices presented to the Company.


 


Expenses:


The Company shall be responsible for any and all expenses that Consultant reasonably incurs in performing the duties assigned hereunder. The Consultant shall be responsible to provide reasonable corroboration to the Company of any such expenses, such as phone, courier or other reasonable expenses.


 


Terms and Conditions:


This SOW is entered under and pursuant to the Independent Contractor Agreement between the Company and the Consultant (“Agreement”) dated August 1, 2013 and is subject to all the terms and conditions of that Agreement.


 


 



	
For the Company


 


MICHAEL HINSHAW

	  	
Accepted for Consultant


 


ASHLEY GARNOT


	
Signature

	  	
Signature


 


	
Michael Hinshaw


President


 


August 1, 2013

	  	
Ashley Garnot


 


8/7/2013


Date
Argued and submitted February 7,

affirmed March 15,

petition for review denied July 20, 2017 (361 Or 671)

#### BEE YOUA XIONG, *Petitioner-Appellant, v.*Mark NOOTH, Superintendent, Snake River Correctional Institution, *Defendant-Respondent.*

Malheur County Circuit Court

1405895P; A160489

390 P3d 1125

Venetia Mayhew, Certified Law Student, argued the cause for appellant. With her on the brief were Ryan T. O’Connor, and O’Connor Weber LLC.

Timothy Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Sercombe, Presiding Judge, and Flynn, Judge, and DeHoog, Judge.

PER CURIAM

Affirmed. *State v. Berger,*284 Or App 156, 392 P3d 792 (2017).
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                          OF CORPORATE GENERAL PARTNER

            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, James M. Seneff, Jr., the Chief Executive Officer of CNL Realty
Corporation,  the  corporate  general  partner of CNL Income Fund III, Ltd. (the
"Partnership"),  has executed this  certification  in connection with the filing
with the  Securities  and Exchange  Commission  of the  Partnership's  Quarterly
Report on Form 10-Q for the period ending September 30, 2002 (the "Report"). The
undersigned hereby certifies 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 6, 2002                      /s/ James M. Seneff, Jr.
     -------------------------------         ---------------------------------
                                             Name:  James M. Seneff, Jr.
                                             Title: Chief Executive Officer
# Military Families and Veterans

- U.S. Department of Education Grants Interest Rate Benefit to More Than 47,000 Service Members Today, the U.S. Department of Education announced that the office of Federal Student Aid (FSA) has retroactively waived interest on loans held by more than 47,000 current and former active-duty service members. This action was made possible by a data-matching agreement with the U.S.
- 8 Keys to Veterans' Success Sites About the 8 Keys A voluntary initiative through the Departments of Education, Veterans Affairs, and Defense.Highlights specific ways that colleges and universities can support veterans.
#### Jonathan B. NEUBER, Plaintiff-Appellant, v. Joshua PRITT; et al., Defendants-Appellees.

No. 17-35122

United States Court of Appeals, Ninth Circuit.

Submitted December 18, 2017 *

Filed December 20, 2017

Jonathan B. Neuber, Pro Se

Gerald L. Warren, Attorney, Law Office of Gerald Warren and Associates, Salem, OR, for Defendants-Appellees

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 **

Jonathan B. Neuber appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging constitutional violations arising from the imposition of certain conditions of probation and post-prison supervision. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s summary judgment and finding of qualified immunity, *May v. Baldwin,*109 F.3d 557, 560-61 (9th Cir. 1997), and we affirm.

The district court properly granted summary judgment on the basis of qualified immunity because defendants’ conduct did not violate clearly established law. *See Plumhoff v. Rickard,*— U.S. -, 134 S.Ct. 2012, 2023, 188 L.Ed.2d 1056 (2014) (officials sued under § 1983 are entitled to qualified immunity unless they violated a right that was clearly established; “a defendant cannot be said to have violated a clearly established right unless the right’s contours were sufficiently definite that any reasonable official in the defendant’s shoes would have understood that he was violating it”).

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. *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.
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## MEMORANDUM

**DATE:** 7/29/15 **FROM:** Ken Mitchell /EPA Region 4 **TO:** Clean Power Plan for Existing Power Plants; Docket Id: OAR – 2013 - 0602 **SUBJECT:** Presentation o n the Proposed Clean Power Plan at ABA SEER Conference in Atlanta on

March 3, 2015
**SUMMARY :**  

### Region 4 provided information on the Clean Power Plan to participants at the ABA SEER Conference in Atlanta , GA, on March 3, 2015 

### . The Clean Power Plan for Existing Power Plants was prop osed on June 2, 2014. **ATTENDEES: EPA**  Keri Powell/R4 Approximately 30 additional Region 4 staff **External Stakeholders** Approximately 70 attendees, including representatives from regulated companies, private law firms, state and local governments, universities, and nongovernmental organizations.
**ATTACHMENT**
SVR-12.31-13-EX10.20






FIRST AMENDMENT TO THE
2011 EQUITY INCENTIVE PLAN
OF
BUCCANEER HOLDINGS, INC.


This FIRST AMENDMENT TO THE 2011 EQUITY INCENTIVE PLAN OF BUCCANEER HOLDINGS, INC. (this “Amendment”), dated as of August 16, 2013, is made and adopted by Buccaneer Holdings, Inc., a Delaware corporation (the “Company”), subject to the approval of the stockholders of the Company.  Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to them in the Plan (as defined below).
RECITALS
WHEREAS, the Company maintains the 2011 Equity Incentive Plan of Buccaneer Holdings, Inc., adopted as of April 6, 2011 (the “Plan”);
WHEREAS, the Company desires to amend the Plan as set forth herein; and
WHEREAS, pursuant to Section 8.3 of the Plan, the Plan may be amended at any time and from time to time by the Administrator;
NOW, THEREFORE, BE IT RESOLVED, that, subject to the approval of the stockholders of the Company, the Plan shall be amended as follows:
1.    Exhibit A of the Plan is hereby amended and restated in its entirety as follows:
“12,291,667”
2.    This Amendment shall be effective as of the first date set forth above, subject to its approval by the stockholders of the Company.
3.    Subject to approval by the stockholders of the Company, this Amendment shall be incorporated in and form a part of the Plan.
4.    Except as set forth herein, the Plan shall remain in full force and effect following the date of this Amendment.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

MELVIN MURRELL,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D2024-1372

[August 15, 2024]

Appeal of order denying rule 3.800 motion from the Circuit Court for 

the Seventeenth Judicial Circuit, Broward County; Michael Usan, Judge; 

L.T. Case Nos. 10-8685CF10A and 11-18378CF10A.

Melvin Murrell, Century, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed.

KLINGENSMITH, C.J., MAY and ARTAU, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
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 Air Methods Corporation (the
"Company")  on  Form  10-Q for the period ended June 30, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I certify,
pursuant to 18 U.S.C.   1350, as adopted pursuant to   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  result of operations of the
Company.


/s/ Aaron D. Todd
-----------------------
Aaron D. Todd
Chief Executive Officer
August 9, 2006

/s/ Trent J. Carman
-----------------------
Trent J. Carman
Chief Financial Officer
August 9, 2006


A  signed  original  of  this written statement required by Section 906 has been
provided  to  Air  Methods  Corporation  and will be retained by Air Methods and
furnished  to  the Securities and Exchange Commission or its staff upon request.
#### RENFER, M. v. KOPENA, S.

3554 EDA 2016

Superior Court of Pennsylvania.

09/27/2017

No. 2015-08506 (Bucks)

Affirmed/Dismissed
<PAGE>


                                                                    Exhibit 99.2


                            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 Quarterly Report of JB Oxford Holdings, Inc. (the
"Company") on Form 10-Q for the period ending March 31, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Michael
J. Chiodo, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 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
Company.



/s/  Michael J. Chiodo
Chief Financial Officer
May 13, 2003
#### IN the INTEREST OF: F.F.W., a Minor

480 EDA 2017

Superior Court of Pennsylvania.

09/26/2017

CP-51-AP-0000206-2016 (Philadelphia)

Affirmed
The purpose of this meeting was to discuss the 4 petitions for exemptions

requested by PrecisionHawk

. The FAA informed the PrecisionHawk that the

submitted justification regarding equivalent level of safety requires supplemental

information that which Precisionhawk must provide. Dur ing this meeting the FAA

and Precisionhawk also discussed the submitted statement indicating benefit s to

the public should be documented adequately. 

### Extended V isual Line of Sight Pathfinder T wo Meeting

UAS Engagement Team and PrecisionHawk

March 10 , 2016

# Topic of discussion Presenter O utcome

1 Roll C all Rob

Pappas Attendance

2 Formal discussion on 4 Exemptions requested

by PrecisionHawk for EVLOS :

 14 CFR 61.113 Private pilot privilege

 14 CFR 91.119 Minimum Safe Altitude

 1 4 CFR 91.121 Altimeter setting

 14 CFR91. 151 F uel requirements Rob Discussion

EVLOS Attendance :

Rob Pappas, Geme, Gelgelu, Thomas Haun, Ally Ferguson, Mike Maples, Matt Degarmo

Telco n Attendees : Jake Troutman , Ben Borelli, Jim Ryan
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
QUARTERLY REPORT ON FORM 10QSB FOR THE FISCAL QUARTER ENDED DECEMBER 31,
1995 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                       8,931,202
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 31,732,670
<INVESTMENTS-CARRYING>                      11,136,971
<INVESTMENTS-MARKET>                                 0
<LOANS>                                    152,262,325
<ALLOWANCE>                                          0
<TOTAL-ASSETS>                             215,975,934
<DEPOSITS>                                 168,184,817
<SHORT-TERM>                                21,726,000
<LIABILITIES-OTHER>                          4,273,371
<LONG-TERM>                                  6,064,000
<COMMON>                                         4,132
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                  14,964,802
<TOTAL-LIABILITIES-AND-EQUITY>             215,975,934
<INTEREST-LOAN>                             10,098,787
<INTEREST-INVEST>                            1,667,396
<INTEREST-OTHER>                                64,174
<INTEREST-TOTAL>                            11,830,357
<INTEREST-DEPOSIT>                           5,088,390
<INTEREST-EXPENSE>                           1,369,048
<INTEREST-INCOME-NET>                        5,372,919
<LOAN-LOSSES>                                  180,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              5,271,869
<INCOME-PRETAX>                                823,715
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   561,540
<EPS-PRIMARY>                                     1.37
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                       0
<LOANS-NON>                                  1,524,000
<LOANS-PAST>                                   594,000
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             1,955,119
<CHARGE-OFFS>                                   95,821
<RECOVERIES>                                    13,161
<ALLOWANCE-CLOSE>                            2,052,459
<ALLOWANCE-DOMESTIC>                         2,052,459
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
| (logo) WELLS FARGO | **Corporate Trust Services**

  MAC R1204-010  9062 Old Annapolis Road  Columbia, MD 21045  Tel: 410 884 2000  Fax: 410 715 2380 |
|--------------------|----------------------------------------------------------------------------------------------------------------------------------|

 

 

Re: Annual Statement ofCompliance for Wells Fargo Commercial Mortgage Securities, Inc., CommercialMortgage Pass-Through Certificates, Series 2015-C26

 

 Per the Pooling andServicing Agreement dated as of February 1, 2015 (the "Agreement"),the undersigned, a duly authorized officer of Wells Fargo Bank, N.A., asCertificate Administrator ("Wells Fargo"), hereby certifies asfollows as of and for the year ending December 31, 2016 (the "ReportingPeriod"):

 

(a) A review of Wells Fargo'sactivities during the Reporting Period and of its performance under theAgreement has been made under such officer's supervision; and

 

(b) To the best of suchofficer's knowledge, based on such review, Wells Fargo has fulfilled all of itsobligations under the Agreement in all material respects throughout theReporting Period.

 

 

February 27, 2017

 

 

/s/ Brian Smith

BRIAN SMITH

Vice President

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|