alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL ACHILLES FRIES, 

Plaintiff-Appellant, 

 v. 

KERNAN; PFAIFFER; J. McALISTER; D. 

SELLERS; R. TINSLEY; FAULKNER; C. 

GONZALES; A. LUCAS; C. K. CHEN; R. 

LOZOVOY, 

Defendants-Appellees.

No. 19-16827 

D.C. No. 1:18-cv-00652-LJO-SKO 

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Lawrence J. O’Neill, District Judge, Presiding

Submitted June 15, 2022**

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

California state prisoner Michael Achilles Fries appeals pro se from the 

district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to 

prosecute and failure to comply with court orders. 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

JUN 24 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 2 19-16827 

U.S.C. § 1291. We review for an abuse of discretion. Pagtalunan v. Galaza, 291 

F.3d 639, 640 (9th Cir. 2002). We affirm.

The district court did not abuse its discretion by dismissing Fries’s action 

after Fries failed to file an amended complaint as ordered or inform the court of an 

affirmative choice not to amend. See id. at 642-43 (discussing factors to consider 

in determining whether to dismiss under Fed. R. Civ. P. 41(b) for failure to comply 

with a court order; this court may review the record independently to determine if 

the district court abused its discretion).

The district court did not abuse its discretion by denying Fries’s request for 

an extension of time because Fries failed to establish good cause for granting the

extension. See Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258-60 (9th 

Cir. 2010) (setting forth standard of review for denial of extension of time and 

good cause requirement under Fed. R. Civ. P. 6(b)).

Fries’s motion for waiver of fees and summary judgment (Docket Entry No. 

5) is denied. 

AFFIRMED.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2983 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2983

      To suspend temporarily the duty on Phenylethyl Isobutyrate.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2012

 Mr. Menendez introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
      To suspend temporarily the duty on Phenylethyl Isobutyrate.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PHENYLETHYL ISOBUTYRATE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00      Propanoic acid      Free         No change        No change        On or before 12/  ''.
                        (CAS No. 103-48-                                                   31/2015.......
                        0) (provided for
                        in subheading
                        2915.60.1000)....

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-2091

SEYMORE SMITH,

Plaintiff - Appellant,

versus

T. G. SHANE; BILLY VANDIFORD; SANDRA GASKINS;

LOUISE W. FLANAGAN, in their Official and

Individual Capacities,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District

Judge. (CA-96-68-H-4)

Submitted: February 27, 1997 Decided: March 10, 1997

Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Seymore Smith, Appellant Pro Se. Cheryl A. Marteney, WARD & SMITH,

P.A., New Bern, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order quashing a summons and remanding this action to state court pursuant to 28 U.S.C.

§ 1447(c) (1994). We have reviewed the record and the district

court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Smith v. Shane, No.

CA-96-68-H-4 (E.D.N.C. July 10, 1996). 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 99.2





Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





The undersigned, as Chief
Financial Officer of Alliance HealthCard, Inc., certifies that the Form 10-K for the year ended September 30, 2002, which accompanies this certification fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities
Exchange Act of 1934 and the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of Alliance HealthCard, Inc. at the dates and for the periods indicated. The
foregoing certification is made solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code and is subject to the knowledge and willfulness qualifications contained in Title 18, Chapter 63, Section 1350(c).








/S/    RITA
MCKEOWN


---

Rita McKeown


Chief Financial Officer





Date: January 9, 2003




37
Exhibit 32.02


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 Royal Quantum Group, Inc. (the “Company”) on Form 10-Q for the period ending June 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Ron Ruskowsky, 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 and belief:





(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/Ron Ruskowsky


By: Ron Ruskowsky


Its:  Principal Executive Officer


Principal Accountant Officer


President, CEO and a Director





Dated: August 08, 2011





A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement 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
32.1








Certification
of Chief Executive Officer


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 Analytical Surveys, Inc. (the “Company”)
on Form 10-QSB for the quarter ended March 31, 2008 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, James Kerstein,
Chief Executive 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:





(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/ James
Kerstein


James
Kerstein


Chief
Executive Officer


May 15,
2008
Exhibit 32.1

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 Amended Annual Report of Middle Kingdom Resources Ltd. (the "Company") on Form 10-KSB/A-1 for the year ended August 31, 2005 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Robert J. Kinloch, Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated this 2nd day of February, 2006.



| | /s/ Robert Kinloch                                 
| | ---------------------------------------------------
| | Robert J. Kinloch                                  
| | Chief Executive Officer and Chief Financial Officer















---
### IN THE SUPREME COURT OF THE STATE OF MONTANA DA 22 - 0346

_________________ MATHEW RYAN AILER,

Petitioner and Appellant, v. ST ATE OF MONTANA,

Respondent and Appellee. O R D E R

_________________ Pursuant to the Internal Operating Rules of this Court, this cause is classified for submission on briefs to a five - justice panel of this Court. The Clerk is directed to provide a copy hereof to Matthew Ryan Ailer, to all counsel of record , and to the Ho norable Kathy Seeley , District Judge . For the Court,

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

August 9 2023

08/09/2023
Case Number: DA 22-0346
Opinion filed July 30, 2009

In The

Eleventh Court of Appeals

___________

No. 11-09-00218-CV

__________

 DAVID S. SHAHEEN, Appellant

V.

 LUCKIE’S AUTO & TRUCK REPAIR, INC., Appellee

On Appeal from the 40th District Court

 Ellis County, Texas

Trial Court Cause No. 76793

M E M O R A N D U M O P I N I O N

David S. Shaheen appeals from the trial court’s take-nothing judgment. We dismiss for want

of jurisdiction.

The trial court signed its judgment on February 11, 2009. Shaheen timely filed both a request

for findings of fact and conclusions of law and a motion for new trial. In order to timely perfect an

appeal pursuant to TEX. R. APP. P. 26.1, the notice of appeal was due to be filed with the clerk of

the trial court on or before May 12, 2009 (ninety days after the date the judgment was signed). In

order to extend the time for filing the notice of appeal, both the notice of appeal and the motion for
2

extension of time should have been filed on or before May 27, 2009 (fifteen days after the original

due date). TEX. R. APP. P. 26.3.

Shaheen filed the notice of appeal on June 2, 2009. Shaheen filed a motion for extension of

time to file his notice of appeal on July 6, 2009. Neither the notice of appeal nor the motion meet

the time requirements of Rule 26.3.

In both his motion and his certificate of service on his notice of appeal, Shaheen states that

he mailed his notice of appeal on May 29, 2009, seventeen days after the original due date.

Therefore, we are unable to apply the mail box provision of TEX.R.APP.P. 9.2 to consider the notice

of appeal “filed” as of the date of mailing. Because the notice of appeal was not filed during the

Rule 26.3 fifteen-day time frame, we are unable to imply the timely filing of the motion under the

provisions of Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997). 

Absent compliance with Rules 26.1 and 26.3, the appellate jurisdiction of this court is not

invoked. Shaheen’s motion for extension of time to file his notice of appeal is overruled, and the

appeal is dismissed for want of jurisdiction.

PER CURIAM

July 30, 2009

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.
Exhibit
32.1
 
 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 Royal Quantum Group, Inc. a Nevada
corporation (the "Company") on Form 10-Q for the period ending March 31, 2008,
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), Ron Ruskowsky, Chief Executive Officer of the Company, certifies to
the best of his knowledge, 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.
 
 A signed
original of this written statement required by Section 906 has been provided to
Royal Quantum Group, Inc., and will be retained by Royal Quantum Group, Inc. and
furnished to the Securities and Exchange Commission or its staff upon
request.
  /s/
      Ron RuskowskyRon
      Ruskowsky
                    Chief
      Executive Officer
                    May
      13, 2008
**Exhibit 32.1**

** **

**SECTION1350 CERTIFICATION**

 

I, Ronald G. Farrell, Chairman of the Board and ChiefExecutive Officer of Tri-S Security Corporation (the “Company”), do herebycertify in accordance with 18 U.S.C. §1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:

 

1.                                       The Annual Report on Form 10-K/A ofthe Company for the period ended December 31, 2004 (the “Periodic Report”)fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. §§78m or 78o(d)); and

 

2.                                       The information contained in the PeriodicReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

Dated: November 17, 2005 

 
|   | /s/  RONALD G. FARRELL |
|--------|----------------------------------|
|   | Ronald G. Farrell,               |
|   | *Chief Executive Officer*        |

 

 

----
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL  OFFICER OF HILAND PARTNERS, LP  PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the report on Form 10-K for the year ended December 31, 2008 of Hiland Partners, LP
(the "Company") and filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Matthew S. Harrison, Chief Financial Officer, Vice President-Finance and Secretary of Hiland
Partners GP, LLC, the general partner of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:



|                    |  |                                                                                                          
|------------------- |  | ---------------------------------------------------------------------------------------------------------
|Date: March 9, 2009 |  | /s/ MATTHEW S. HARRISON Matthew S. Harrison Chief Financial Officer,
Vice PresidentFinance and Secretary

---



QuickLinks
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2940 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2940

          To suspend temporarily the duty on poly(2,2'-bis(4-
                        cyanatophenyl)propane).

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2012

 Mr. Menendez introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
          To suspend temporarily the duty on poly(2,2'-bis(4-
                        cyanatophenyl)propane).

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. POLY(2,2'-BIS(4-CYANATOPHENYL)PROPANE).

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00      poly(2,2'-bis(4-    Free         No change        No change        On or before 12/  ''.
                        cyanatophenyl)pro                                                  31/2015.......
                        pane) (CAS No.
                        25722-66-1)
                        (provided for in
                        subheading
                        2929.10.55)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
II 

112TH CONGRESS 

1ST SESSION S. 26 

To amend the Internal Revenue Code of 1986 to repeal the percentage 

depletion allowance for certain hardrock mines, and to use the resulting 

revenues from such repeal for deficit reduction. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mrs. SHAHEEN introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to repeal 

the percentage depletion allowance for certain hardrock 

mines, and to use the resulting revenues from such repeal for deficit reduction. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Elimination of Double 

5 Subsidies for the Hardrock Mining Industry Act of 2011’’. 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•S 26 IS

1 SEC. 2. REPEAL OF PERCENTAGE DEPLETION ALLOWANCE 

2 FOR CERTAIN HARDROCK MINES. 

3 (a) IN GENERAL.—Section 613(a) of the Internal 

4 Revenue Code of 1986 is amended by inserting ‘‘(other 

5 than hardrock mines located on lands subject to the gen6 eral mining laws or on land patented under the general 

7 mining laws)’’ after ‘‘In the case of the mines’’. 

8 (b) GENERAL MINING LAWS DEFINED.—Section 613 

9 of the Internal Revenue Code of 1986 is amended by add10 ing at the end the following: 

11 ‘‘(f) GENERAL MINING LAWS.—For purposes of sub12 section (a), the term ‘general mining laws’ means those 

13 Acts which generally comprise chapters 2, 12A, and 16, 

14 and sections 161 and 162 of title 30 of the United States 

15 Code.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to taxable years beginning after 

18 December 31, 2011. 

19 (d) USE OF RESULTING REVENUES FOR DEFICIT

20 REDUCTION.—The revenues resulting from the amend21 ment made by subsection (a) shall not be appropriated or 

22 otherwise made available for any fiscal year, resulting in 

23 a reduction of the Federal budget deficit for such fiscal 

24 year. If in any fiscal year there is no Federal budget def25 icit (determined without regard to such revenues), such 

26 revenues shall be used for reducing the Federal debt in 


rfrederick on DSKD9S0YB1PROD with BILLS
3 

•S 26 IS

1 such manner as the Secretary of the Treasury considers 

2 appropriate. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS
[Federal Register Volume 74, Number 77 (Thursday, April 23, 2009)]
[Notices]
[Page 18592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9199]


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

DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Continuation of Visitor Services

AGENCY: National Park Service, Interior.

ACTION: Public notice.

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

DATES: Effective Date: January 1, 2009.

FOR FURTHER INFORMATION CONTACT: Jo A. Pendry, Concession Program 
Manager, National Park Service, Washington, DC 20240, Telephone, 202-
513-7156.
SUMMARY: Pursuant to the terms of existing concession contracts, public 
notice is hereby given that the National Park Service intends to 
request a continuation of visitor services for a period not-to-exceed 1 
year from the date of contract expiration.

SUPPLEMENTARY INFORMATION: The contract listed below has been extended 
to the maximum allowable period under 36 CFR 51.23. Under the 
provisions of current concession contracts and pending the completion 
of the public solicitation of a prospectus for a new concession 
contract, the National Park Service authorizes continuation of visitor 
services for a period not-to-exceed 1 year under the terms and 
conditions of the current contract as amended. The continuation of 
operations does not affect any rights with respect to selection for 
award of a new concession contract.

----------------------------------------------------------------------------------------------------------------
             Conc ID No.                 Concessioner name                           Park
----------------------------------------------------------------------------------------------------------------
LARO001-92..........................  Dakota Columbia         Lake Roosevelt National Recreation Area.
                                       Rentals, LLC.
----------------------------------------------------------------------------------------------------------------


FOR FURTHER INFORMATION CONTACT: Jo A. Pendry, Concession Program 
Manager, National Park Service, Washington, DC 20240, Telephone 202-
513-7156.

    Dated: January 28, 2009.
Katherine H. Stevenson,
Assistant Director, Business Services.

    Editorial Note: This document was received in the Office of the 
Federal Register on April 17, 2009.
[FR Doc. E9-9199 Filed 4-22-09; 8:45 am]
BILLING CODE 4312-53-M