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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARK WADE McCUNE, 

Plaintiff-Appellant, 

 v. 

PHH MORTGAGE CORPORATION, 

Defendant-Appellee.

No. 20-15839 

D.C. No. 4:19-cv-00525-CKJ 

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Cindy K. Jorgenson, District Judge, Presiding

Submitted August 17, 2021**

Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.

Mark Wade McCune appeals pro se from the district court’s judgment 

dismissing his action alleging federal and state law claims. We have jurisdiction 

under 28 U.S.C § 1291. We review de novo a dismissal for failure to state a claim 

under Federal Rule of Civil Procedure 12(b)(6). Dougherty v. City of Covina, 654 

* 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

AUG 24 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 20-15839 

F.3d 892, 897 (9th Cir. 2011). We affirm. 

The district court properly dismissed McCune’s action because McCune 

failed to allege facts sufficient to state any plausible claim. See Ashcroft v. Iqbal, 

556 U.S. 662, 678 (2009) (a plaintiff must present factual allegations sufficient to 

state a plausible claim for relief); Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 

973 (9th Cir. 2004) (“[T]he court is not required to accept legal conclusions cast in 

the form of factual allegations if those conclusions cannot reasonably be drawn 

from the facts alleged.”); see also Fed. R. Civ. P. 9(b) (claims for fraud must be 

pleaded with particularity).

We reject as without merit McCune’s contention that the district court was 

required to hold an evidentiary hearing prior to dismissing McCune’s action.

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). 

McCune’s motions requesting oral argument (Docket Entry Nos. 35 and 36) 

are denied.

AFFIRMED.
EXHIBIT
      32.1





**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 1350,**


**AS
      ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF
      2002**





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 filing of the Annual Report
      on Form 10-KSB for the fiscal year ended December 31, 2006 (the “Report”) by
      Kiwa Bio-Tech Products Group Corporation (the “Registrant”), I, Wei Li, hereby
      certify that:





1.
      To the
      best of my knowledge, the Report fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934; and





2.
      To the
      best of my knowledge, the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of operations
      of
      the Registrant.




Dated: September
      22 ,
      2008


By: /s/
      Wei
      Li


Name: Wei
      Li


Title: Chief
      Executive Officer
This section of the FEDERAL REGISTER

contains editorial corrections of previously

published Presidential, Rule, Proposed Rule,

and Notice documents. These corrections are

prepared by the Office of the Federal

Register. Agency prepared corrections are

issued as signed documents and appear in

the appropriate document categories

elsewhere in the issue.

Corrections Federal Register

33447

Vol. 63, No. 117

Thursday, June 18, 1998

DEPARTMENT OF AGRICULTURE

Forest Service

Committee of Scientists Meetings

Correction

In notice document 98–15427

beginning on page 31715 in the issue of

Wednesday, June 10, 1998, make the

following correction:

On page 31715, in the third column,

in the SUMMARY, in the 20th line,

‘‘commit’’ should read ‘‘comment’’.

BILLING CODE 1505-01-D

ENVIRONMENTAL PROTECTION

AGENCY

[OPPTS–42205B; FRL–5798–3]

Enforceable Consent Agreement

Development for Methyl Isobutyl

Ketone (MIBK); Solicitation of

Interested Parties and Notice of Public

Meeting

Correction

In notice document 98–15856,

beginning on page 32656, in the issue of

Monday, June 15, 1998, in the DATES

section, in the fourth line, ‘‘July 6,

1998’’ should be added following

‘‘before’’.

BILLING CODE 1505-01-D
### THE THIRTEENTH COURT OF APPEALS

13

- 19

- 00302

- CR

Allen Byrd v. The State of Texas

On Appeal from the 214th District Court of Nueces County , Texas Trial Cause No. 17FC

- 0557F

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on

ap peal, concludes that the judgment of the trial court should be AFFIRMED

. The Court orders the judgment of the trial court AFFIRMED

. We further order this decision certified below for observance. April 30, 2020
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUL-31-1999
<PERIOD-END>                               APR-30-2000
<CASH>                                             300
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                     703
<CURRENT-LIABILITIES>                            1,418
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,623,000
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                     (703)
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 1,060
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   5
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-BASIC>                                     (0.00)
<EPS-DILUTED>                                   (0.00)


</TABLE>
## Breadcrumb

-  Publications 
-  Reports 

#           Preliminary geomagnetic data, College Observatory, Fairbanks, Alaska: February 1981      

      January 1, 1981    

View Document

The preliminary geomagnetic data included here is made available to scientific personnel and organizations, as part of a cooperative effort and on a data exchange basis because of the early need by some users. To avoid delay, all of the data is copied from original forms processed at the observatory; therefore it should be regarded as preliminary.

## Citation Information

### Study Area

### Explore Search

                  - Natural Hazards
                  - United States
                  - Alaska
                  - College Observatory

View All **
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          45,482
<SECURITIES>                                         0
<RECEIVABLES>                                  424,889
<ALLOWANCES>                                    66,994
<INVENTORY>                                     31,370
<CURRENT-ASSETS>                               440,154
<PP&E>                                       3,798,921
<DEPRECIATION>                               2,056,432
<TOTAL-ASSETS>                               2,827,747
<CURRENT-LIABILITIES>                          350,685
<BONDS>                                      1,495,109
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       699,284
<OTHER-SE>                                   (329,656)
<TOTAL-LIABILITY-AND-EQUITY>                 2,827,747
<SALES>                                      1,349,566
<TOTAL-REVENUES>                             1,349,566
<CGS>                                          486,419
<TOTAL-COSTS>                                1,403,936
<OTHER-EXPENSES>                               (1,795)
<LOSS-PROVISION>                                70,061
<INTEREST-EXPENSE>                              64,720
<INCOME-PRETAX>                              (117,295)
<INCOME-TAX>                                  (46,453)
<INCOME-CONTINUING>                           (70,842)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 60,500
<CHANGES>                                            0
<NET-INCOME>                                 (131,342)
<EPS-BASIC>                                       0.00
<EPS-DILUTED>                                     0.00


</TABLE>
UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In re: Case No. 20-20259-RAM

(Jointly Administered)

It’Sugar FL I LLC, et al.,

Chapter 11

Debtors.

_______________________________/

ORDER GRANTING, IN PART, DEBTORS’ EX PARTE MOTION FOR 

AN EXTENSION OF TIME TO FILE SCHEDULES OF ASSETS AND 

LIABILITIES, STATEMENTS OF FINANCIAL AFFAIRS, TAX REPORT

AND ALL OTHER FILING REQUIREMENTS

THIS MATTER came before the Court upon the Debtors’ Ex Parte Motion for an 

Extension of Time to File Schedules of Assets and Liabilities, Statements of Financial Affairs,

Tax Report and All Other Filing Requirements [ECF No. 77] (the "Motion"). The Court having 

considered the Motion and the file, and the Court finding that (i) it has jurisdiction over the 

matters raised in the Motion pursuant to 28 U.S.C. §§ 157 and 1334; (ii) this is a core proceeding 

pursuant to 28 U.S.C. § 157(b)(2); and (iii) pursuant to Local Rule 9013-1(C)(2), the Court is 

authorized to grant the Motion without a hearing. Accordingly it is 

Robert A. Mark, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on October 5, 2020.

Case 20-20259-RAM Doc 80 Filed 10/06/20 Page 1 of 2
2

ORDERED AND ADJUDGED as follows:

1. The Motion is GRANTED, in part.

2. The Debtors shall have an extension of time up through and including October 16, 

2020, within which to file the Debtors’ Schedules of Assets and Liabilities, Statements of 

Financial Affairs, Tax Report and other filing requirements.

###

Submitted By:

James C. Moon, Esquire

Florida Bar No. 938211

jmoon@melandbudwick.com

MELAND BUDWICK, P.A.

Counsel for Debtors

3200 Southeast Financial Center

200 South Biscayne Boulevard

Miami, Florida 33131

Telephone: (305) 358-6363

Telefax: (305) 358-1221

Copies Furnished To:

James C. Moon, Esquire, is directed to serve copies of this Order on all parties in interest and to 

file a Certificate of Service.

Case 20-20259-RAM Doc 80 Filed 10/06/20 Page 2 of 2
## Breadcrumb

-  Publications 
-  Articles 

#           Projections and downscaling of 21st century temperatures, precipitation, radiative fluxes and winds for the southwestern US, with focus on the Lake Tahoe basin      

      August 5, 2013    

Recent projections of global climate changes in response to increasing greenhouse-gas concentrations in the atmosphere include warming in the Southwestern US and, especially, in the vicinity of Lake Tahoe of from about +3°C to +6°C by end of century and changes in precipitation on the order of 5-10 % increases or (more commonly) decreases, depending on the climate model considered. Along with these basic changes, other climate variables like solar insolation, downwelling (longwave) radiant heat, and winds may change. Together these climate changes may result in changes in the hydrology of the Tahoe basin and potential changes in lake overturning and ecological regimes. Current climate projections, however, are generally spatially too coarse (with grid cells separated by 1 to 2° latitude and longitude) for direct use in assessments of the vulnerabilities of the much smaller Tahoe basin. Thus, daily temperatures, precipitation, winds, and downward radiation fluxes from selected global projections have been downscaled by a statistical method called the constructed-analogues method onto 10 to 12 km grids over the Southwest and especially over Lake Tahoe. Precipitation, solar insolation and winds over the Tahoe basin change only moderately (and with indeterminate signs) in the downscaled projections, whereas temperatures and downward longwave fluxes increase along with imposed increases in global greenhouse-gas concentrations.

## Citation Information

## Related Content

## Related Content

### Study Area

### Contact

####             Water Resources Mission Area - Headquarters        

USGS Headquarters12201 Sunrise Valley DriveReston, VA20192United States

### Explore Search

                  - United States
                  - Arizona;California;Idaho;Nevada;Oregon;Utah
                  - Arizona
                  - california
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View All **
EXHIBIT 32.1
                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Form 10-QSB of MEDIANET GROUP TECHNOLOGIES, INC.
(formerly Clamshell Enterprises, Inc.) (the "Company") on Form 10-QSB for the
period ending September 30, 2003, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Martin Berns, Chief Executive
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, 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/ Martin Berns
Martin Berns
Chief Executive Officer


December 12, 2003
NOTE: This disposition is nonprecedential. 

United States Court of Appeals for the Federal Circuit 

2009-7038 

RONALD E. PINTHER, 

Claimant-Appellant, 

v. 

ERIC K. SHINSEKI, Secretary of Veterans Affairs, 

Respondent-Appellee. 

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for 

claimant-appellant. 

Meredyth Cohen Havasy, Trial Attorney, Commercial Litigation Branch, Civil 

Division, United States Department of Justice, of Washington, DC, argued for 

respondent-appellee. With her on the brief were Tony West, Assistant Attorney 

General, Jeanne E. Davidson, Director, and Kirk T. Manhardt, Assistant Director. Of 

counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and 

Tracey P. Warren, Attorney, Office of the General Counsel, United States Department 

of Veterans Affairs, of Washington, DC. 

Appealed from: United States Court of Appeals for Veterans Claims 

Chief Judge William P. Greene, Jr. 
NOTE: This disposition is nonprecedential. 

United States Court of Appeals for the Federal Circuit 

 2009-7038 

RONALD E. PINTHER, 

 Claimant-Appellant, 

v. 

ERIC K. SHINSEKI, Secretary of Veterans Affairs, 

 Respondent-Appellee. 

 Judgment

ON APPEAL from the United States Court of Appeals for Veterans Claims 

in CASE NO(S). 07-0346 

This CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

Per Curiam (LOURIE, RADER, and PROST, Circuit Judges). 

 AFFIRMED. See Fed. Cir. R. 36. 

 ENTERED BY ORDER OF THE COURT 

 

DATED November 5, 2009 /s/ Jan Horbaly 

Jan Horbaly, Clerk
## Breadcrumb

-  Publications 
-  Book Chapters 

#           Size evolution in Goodwin’s small-eared shrew, Cryptotis goodwini      

      January 1, 2005    

Fossils of Cryptotis goodwini from Honduras indicate that body sizes of modern individuals average at least 18% larger than among members of the late Pleistocene population of this species.  Palynological and other paleoenvironmental studies provide evidence that the Neotropical montane environments that these shrews inhabit were cooler and drier in the late Pleistocene than at present and supported communities of plants without modern analog.  Therefore, the most likely cause of this change in size ultimately was related to climatic change at the end of the Pleistocene?but to what specific factors did the species respond?  I examined the possibilities that this species changed in size: to accommodate a change in temperature regime; to escape from predators; as a response to a change in intensity of interspecific competition; to take advantage of a newly abundant food resource.  Based on evidence from studies of modern communities of shrews and niche partitioning, I hypothesized that size evolution in C. goodwini was directly related to changes in the community of soil and soil-surface invertebrates upon which the species depends, specifically an increase in the availability of earthworms (Annelida).

## Citation Information

## Related Content

                  -              Connect           

#### Neal Woodman, Ph.D.

##### Research Zoologist

Eastern Ecological Science Center

nwoodman@usgs.gov

202-633-1278

## Related Content

#### Neal Woodman, Ph.D.

##### Research Zoologist

Eastern Ecological Science Center

nwoodman@usgs.gov

202-633-1278

### Contact

####               Eastern Ecological Science Center at the Leetown Research Laboratory          

11649 Leetown RoadKearneysville, WV25430United States
Exhibit
32.2











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 Annual Report of
Big Cat Energy
Corporation (the "Company") on Form 10-K for the period end of April 30, 2009 as filed with
the Securities and Exchange Commission on the date here of (the "report"), I,
Richard G. Stifel, 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 28th day of July,
2009.





RICHARD
      STIFELRichard
      G. StifelChief
      Financial Officer
## Breadcrumb

-  Publications 
-  Articles 

#           Testing model parameters for wave‐induced dune erosion using observations from Hurricane Sandy      

      February 16, 2017    

Models of dune erosion depend on a set of assumptions that dictate the predicted evolution of dunes throughout the duration of a storm. Lidar observations made before and after Hurricane Sandy at over 800 profiles with diverse dune elevations, widths, and volumes are used to quantify specific dune erosion model parameters including the dune face slope, which controls dune avalanching, and the trajectory of the dune toe, which controls dune migration. Wave‐impact models of dune erosion assume a vertical dune face and erosion of the dune toe along the foreshore beach slope. Observations presented here show that these assumptions are not always valid and require additional testing if these models are to be used to predict coastal vulnerability for decision‐making purposes. Observed dune face slopes steepened by 43% yet did not become vertical faces, and only 50% of the dunes evolved along a trajectory similar to the foreshore beach slope. Observations also indicate that dune crests were lowered during dune erosion. Moreover, analysis showed a correspondence between dune lowering and narrower beaches, smaller dune volumes, and/or longer wave impact.

## Citation Information

## Related Content

                  -              Connect           

####             Joseph Long (Former Employee)          

##### Research Oceanographer

St. Petersburg Coastal and Marine Science Center

#### Hilary  Stockdon, Ph.D.

##### Program Coordinator

Coastal and Marine Hazards and Resources Program

hstockdon@usgs.gov

727-483-2870

## Related Content

####             Joseph Long (Former Employee)          

##### Research Oceanographer

St. Petersburg Coastal and Marine Science Center

#### Hilary  Stockdon, Ph.D.

##### Program Coordinator

Coastal and Marine Hazards and Resources Program

hstockdon@usgs.gov

727-483-2870

### Study Area

### Contact

####               St. Petersburg Coastal and Marine Science Center          

600 4th Street SouthSt. Petersburg, FL33701United States

727-502-8000

727-502-8181

### Explore Search

                  - Coastal Erosion
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Viscosity

Confidential Business Information