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

JUDICIAL COUNCIL

 OF THE NINTH CIRCUIT

IN RE COMPLAINT OF 

JUDICIAL MISCONDUCT

No. 14-90084

ORDER

KOZINSKI, Chief Judge:

An attorney alleges that a bankruptcy judge is showing some early signs of

dementia, such as slow reaction time, moodiness and memory problems. 

Pursuant to the Judicial Conduct and Disability Act, any person who

believes that a federal judge “is unable to discharge all the duties of office by

reason of mental or physical disability,” 28 U.S.C. § 351(a), may file a complaint

stating the reasons for his belief. Such complaints are rare, perhaps in part because

lawyers (who are in the best position to observe judicial behavior) are reluctant to

point an accusatory finger at judges before whom they appear. Nevertheless, such

complaints are welcome and encouraged, and we make every effort to keep the

identity of the complainant confidential, if he wishes not to be identified.

Such complaints are also taken seriously, particularly where (as in this case)

the complainant specifies the particular behaviors that he believes are the result of

FILED

JUL 14 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
mental disability. This complainant was given an additional measure of deference

because he reports familiarity with the symptoms of dementia, having tended to a

family member who showed similar symptoms.

Based on the complaint, therefore, I have undertaken a limited inquiry, as

authorized by Judicial-Conduct Rule 11(b). I was unable to inquire about the

particular instances in which complainant observed the alleged signs of dementia

because complainant doesn’t provide any transcripts or audio in support of his

allegations; nor does he point to a case or specify a date where the alleged signs

were discernible. Nevertheless, I have spoken to judges who have had repeated

recent opportunities to observe the subject judge in both private and public

settings. They observed none of the symptoms reported by complainant. I have

also spoken to judges who regularly review the subject judge’s work on appeal,

and they report that they have observed no decline in his performance. All these

judges expressed their continued confidence in the ability of the subject judge to

discharge his duties competently and with distinction. 

In addition, I reviewed appeals to the Ninth Circuit of the judge’s cases for

the last three years. No issues regarding the judge’s competency were raised by

the parties or evident from the appellate court’s disposition. 

Without more specific facts, complainant’s allegations are insufficient to

“raise an inference that . . . a disability exists.” Judicial-Conduct Rule 11(c)(1)(D);
see also 28 U.S.C. § 352(b)(1)(A)(iii). I nevertheless appreciate complainant’s

willingness to file a complaint and bring his observations to my attention. And, of

course, the matter is always subject to re-consideration if he or another member of

the public should come forward with more concrete evidence of mental or physical

disability.

DISMISSED.
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 13

- 00081

- CR

Juan RODRIGUEZ

, Appellant

v.

The STATE of Texas,

Appellee

From the 379th Judicial District Court, Bexar County, Texas

Trial Court No. 2009CR10368

Honorable Angus K. McGinty, Judge Presiding

BEFORE JUSTICE BARNARD

, JUSTICE MARTINEZ , AND JUSTICE ALVAREZ

T he State’s July 11 , 2014 motion for rehearing is DENIED

. O ur opinion and judgment of

July 2, 2014 is WITHDRAWN

. In accordance with this court’s opinion of this date, the trial

court’s judgment is AFFIRMED.

SIGNED August 29, 2014.

_____________________________ Patricia O. Alvarez, Justice
#### Helen SWINDELL, Plaintiff-Appellant, v. ACCREDITED HOME LENDERS, INC., Successor by merger Aames Funding Corporation doing business as Aames Home loan, State of Florida, acting through the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, Ben-Ezra *&*Katz, P.A., Defendants-Appellees.

No. 11-10227

Non-Argument Calender.

United States Court of Appeals, Eleventh Circuit.

Sept. 27, 2011.

J. Michael Shea, Tampa, FL, for Plaintiff-Appellant.

Caroline Johnson Levine, Pam Bondi, Office of the Attorney General, Attorney General Office, Tampa, FL, for Defendants-Appellees.

*445Before TJOFLAT, CARNES and BLACK, Circuit Judges.

PER CURIAM:

Helen Swindell appeals the district court’s grant of a motion to dismiss her Amended Complaint filed by the State of Florida and Ben-Ezra *&*Katz, P.A. Swin-dell’s Amended Complaint alleged she was indigent and unable to obtain counsel to represent her in a foreclosure action. She claimed the failure to appoint counsel violated her Fifth and Fourteenth Amendment rights of due process and equal protection. The district court dismissed the Amended Complaint with prejudice, stating the Supreme Court made clear that a right to appointed counsel exists only where the litigant may lose his or her physical liberty and no such risk exists in a foreclosure action. *See Lassiter v. Dept. of Soc. Serv. of Durham Cnty., N.C.,*452 U.S. 18, 25, 101 S.Ct. 2153, 68 L.Ed.2d 640 (1981).

On appeal, Swindell argues her right to counsel and her rights of due process and equal protection were violated when the State of Florida failed to appoint counsel in her foreclosure action.1 We have reviewed the record and the briefs in this case and find no merit to this argument.2 The Supreme Court stated an indigent’s right to appointed counsel “has been recognized to exist only where the litigant may lose his physical liberty if he loses the litigation.” *Id.*This was a civil foreclosure action and Swindell was not at any risk of losing her physical liberty. The State of Florida did not violate Swindell’s constitutional rights when it failed to appoint her counsel in her foreclosure action.

AFFIRMED.

1

. Swindell has abandoned any issues on appeal with regard to Accredited Home Lenders, Inc., and Ben-Ezra & Katz, P.A. *See Greenbriar, Ltd. v. City of Alabaster,*881 F.2d 1570, 1573 n. 6 (11th Cir.1989) (holding issues not argued on appeal are deemed abandoned).

2

. "We review *de novo*the district court’s grant of a motion to dismiss under Rule 12(b)(6) for failure to state a claim, accepting the allegations in the complaint as true and construing them in the light most favorable to the plaintiff.” *Ironworkers Local Union 68 v. AstraZeneca Pharm., LP,*634 F.3d 1352, 1359 (11th Cir.2011).
#### Calvin Lavan CLARK, Petitioner-Appellant, v. John R. OWENS, Warden, FCI Williamsburg, Respondents-Appellees.

No. 11-6394.

United States Court of Appeals, Fourth Circuit.

Submitted: July 26, 2011.

Decided: Aug. 5, 2011.

Calvin Lavan Clark, Appellant Pro se.

Before MOTZ, SHEDD, and KEENAN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Calvin Lavan Clark, a federal prisoner, appeals the district court’s, order accepting the recommendation of the magistrate *1002judge and denying relief on his 28 U.S.C.A. § 2241 (West 2006 & Supp.2011) petition. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Clark v. Owens,*No. 1:11-cv-00006-SB (D.S.C. Mar. 10, 2011). 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 32.2

SECTION 906 CERTIFICATION

The following statement is provided by the undersigned to
accompany the foregoing Report on Form 10-K/A pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and shall not be deemed filed pursuant to any provision of the Securities Exchange Act
of 1934 or any other securities law.

The undersigned certifies that the foregoing Report on Form 10-K/A fully complies with the requirements
of Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. Section 78) and that the information contained in the Form 10-K/A fairly presents, in all material respects, the financial condition and results of operations of Broadway
Financial Corporation as of and for the year ended December 31, 2012.



|                  |  |  |  |     |  |                               
|----------------- |  |  |  | --- |  | ------------------------------
|Date: May 9, 2013 |  |  |  | By: |  | /s/ Brenda Battey             
|                  |  |  |  |     |  | Brenda Battey                 
|                  |  |  |  |     |  | Chief Financial Officer       
|                  |  |  |  |     |  | Broadway Financial Corporation
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [Docket ID FEMA-2021-0002; Internal Agency Docket No. FEMA-B-2063]

# AGENCY:

Federal Emergency Management Agency, Department of Homeland Security.

# ACTION:

Notice; withdrawal.

# SUMMARY:

The Federal Emergency Management Agency (FEMA) is withdrawing its proposed notice concerning proposed flood hazard determinations, which may include the addition or modification of any Base Flood Elevation, base flood depth, Special Flood Hazard Area boundary or zone designation, or regulatory floodway (herein after referred to as proposed flood hazard determinations) on the Flood Insurance Rate Maps and, where applicable, in the supporting Flood Insurance Study reports for Bay County, Florida and Incorporated Areas.

# DATES:

This withdrawal is July 26, 2021.

# ADDRESSES:

                        You may submit comments, identified by Docket No. FEMA-B-2063, to Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email)                         *patrick.sacbibit@fema.dhs.gov.*

# FOR FURTHER INFORMATION CONTACT:

                        Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email)                         *patrick.sacbibit@fema.dhs.gov.*

# SUPPLEMENTARY INFORMATION:

On November 18, 2020, FEMA published a proposed notice at 85 FR 73502, proposing flood hazard determinations for Bay County, Florida and Incorporated Areas. FEMA is withdrawing the proposed notice.

*Authority:*42 U.S.C. 4104; 44 CFR 67.4.                

Michael M. Grimm,

Assistant Administrator for Risk Management, Department of Homeland Security, Federal Emergency Management Agency.

[FR Doc. 2021-15867 Filed 7-23-21; 8:45 am]

BILLING CODE 9110-12-P
### Nebraska Court of Appeals Memorandum Opinions NOT Selected for Posting to Court Website

(r eleased the week prior to May 21, 2019 

### )

The following memorandum opinions were filed by the Nebraska Court of Appeals and can be viewed using SSCALES :

A

- 18

- 831 In re Guardianship of Castonguay

A

- 18

- 923 Holtzen v. T.L.W. Enterprises of York

The above

- listed memorandum opinions c an be viewed online through the appellate court case search available by subscription through Nebra ska.gov: http://www.nebraska.gov/subscriber/

.
Current subscribers to Nebraska.gov can search appellate court cases here: http s ://www.nebraska.gov/courts/s c cales/

.
#### The People of the State of New York, Respondent, v Gregory Giannattasio, Appellant.

—Judgment of the County Court, Nassau County (Delin, J.), rendered May 11, 1984, affirmed *(see, People v Pellegrino,*60 NY2d 636; *People v Harris,*61 NY2d 9). Lazer, J. P., Thompson, Rubin and Kunzeman, JJ., concur.
Hennion & Walsh, Inc. S-6/A


Exhibit 4.1



 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


240 Greenwich
Street, 22W Floor, New York, NY 10286


 


 


 


July 27, 2021


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


SmartTrust 527 (the “Fund”)


 


Dear Sirs:


The Bank of New York Mellon
is acting as trustee for the Fund, consisting of the unit investment trust (the “Trust”) included in the Registration
Statement relating to the Fund. We enclosed a list of the securities to be deposited in the Trust on the date hereof. The prices indicated
therein reflect our evaluation of such securities as of close of business on July 26, 2021, in accordance with the valuation method set
forth in the applicable Standard Terms and Conditions of Trust and Trust Agreement. We consent to the reference to The Bank of New York
Mellon as the party performing the evaluations of the Trust securities in the Registration Statement (No. 333-255336) filed with the Securities
and Exchange Commission with respect to the registration of the sale of the Units of the Trust and to the filing of this consent as an
exhibit thereto.


 


Very truly yours,


 


/s/ GERARDO CIPRIANO


Gerardo Cipriano


Vice President
#### Brett Matchton, Appellant, v Henry Russell et al., Defendants, and Nathan Kalikow et al., Respondents.

Order, Supreme Court, New York County (Alfred Ascione, J.), entered on or about May 23,1984, unanimously affirmed, without costs and without disbursements; and the appeal from the order of said court (Edward Greenfield, J.), entered on or about January 22, 1985, dismissed as waived. No opinion. Concur — Murphy, P. J., Sullivan, Ross and Lynch, JJ.
CERTIFICATIONS

I, V. Terence Franzke, Chief Financial Officer of Financial Ventures,
Inc., certify that:

1. I have reviewed this quarterly report on Form 10-QSB of
Financial Ventures, Inc.;

2. Based on my knowledge, this quarterly report does not contain
any untrue statement of a material fact or omit to state a
material fact necessary to make the statements made, in light of
the circumstances under which such statements were made, not
misleading with respect to the period covered by this quarterly
report;

3. Based on my knowledge, the financial statements, and other
financial information included in this quarterly report, fairly
present in all material respects the financial condition, results
of operations and cash flows of the registrant as of, and for,
the periods presented in this quarterly report;

4. The registrant's other certifying officers and I are
responsible for establishing and maintaining disclosure controls
and procedures (as defined in Exchange Act Rules 13a-14 and 15d-
14) for the registrant and have:

a) designed such disclosure controls and procedures to ensure
that material information relating to the registrant, including
its consolidated subsidiaries, is made known to us by others
within those entities, particularly during the period in which
this quarterly report is being prepared;

b) evaluated the effectiveness of the registrant's disclosure
controls and procedures as of a date within 90 days prior to the
filing date of this quarterly report (the "Evaluation Date"); and

c) presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures based on
our evaluation as of the Evaluation Date;

5. The registrant's other certifying officers and I have
disclosed, based on our most recent evaluation, to the
registrant's auditors and the audit committee of registrant's
board of directors (or persons performing the equivalent
functions):

a) all significant deficiencies in the design or operation of
internal controls which could adversely affect the registrant's
ability to record, process, summarize and report financial data
and have identified for the registrant's auditors any material
weaknesses in internal controls; and

b) any fraud, whether or not material, that involves management
or other employees who have a significant role in the
registrant's internal controls; and

6. The registrant's other certifying officers and I have
indicated in this quarterly report whether there were significant
changes in internal controls or in other factors that could
significantly affect internal controls subsequent to the date of
our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date: August 23, 2007

/s/ V. Terence Franzke
--------------------
V. Terence Franzke
Chief Financial Officer


<PAGE>
Exhibit 32.3

THANKSGIVING COFFEE COMPANY, INC.

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 Thanksgiving Coffee Company, Inc. (the Company) on Form 10-KSB for the year ended December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, the undersigned Chief Financial Officer 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 to the best of my knowledge:



| | (i) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (ii) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company for the periods presented
therein.
| | ---- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Sam KraynekChief Financial Officer April 2,
2007
#### Christopher Demont OWENS, Petitioner-Appellant, v. WARDEN McCORMICK CORRECTIONAL INSTITUTION, Respondent-Appellee, and Jon Ozmint, Defendant.

No. 11-6313.

United States Court of Appeals, Fourth Circuit.

Submitted: Aug. 25, 2011.

Decided: Aug. 29, 2011.

Christopher Demont Owens, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellee.

Before MOTZ, DUNCAN, and KEENAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Christopher Demont Owens seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). When the district court denies relief on the merits, a prison*674er 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 petition 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 Owens has not made the requisite showing. Accordingly, we deny Owens’ motion for a certificate of appealability and dismiss the appeal. We deny Owens’ motion to appoint counsel. 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.*
# Official Journal C 219A/11 J

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 219A |
| | |
| English edition | Information and Notices | Volume 5711 July 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 219A

English edition

Information and Notices

Volume 5711 July 2014

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | Council |
| 2014/C 219A/1 | Vacancy notice CONS/AD/104 | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

Council

2014/C 219A/1

Vacancy notice CONS/AD/104

1

---

| | |
| --- | --- |
| 2014/C 219A/2 | Review of ‘Competition’ C A Official Journals | 15 |

2014/C 219A/2

Review of ‘Competition’ C A Official Journals

15

---

| EN | |
| --- | --- |

EN
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