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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

SHAUNTAE TAYLOR,

 Plaintiff - Appellant,

 v.

SUCHIL, in individual and official

capacity as Sheriff Deputy; RAMIREZ, in

individual capacity and official capacity as

Sheriff Deputy,

 Defendants - Appellees.

No. 12-57120

D.C. No. 2:10-cv-09762-RGK

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

R. Gary Klausner, District Judge, Presiding

Submitted February 18, 2014** 

Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.

California state prisoner Shauntae Taylor appeals pro se from the district

court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants

FILED

FEB 28 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

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

except as provided by 9th Cir. R. 36-3.

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

without oral argument. See Fed. R. App. P. 34(a)(2).
used excessive force against him. We review de novo a dismissal for failure to

exhaust administrative remedies under the Prison Litigation Reform Act, 42 U.S.C.

§ 1997e(a), and for clear error the district court’s underlying factual

determinations. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We

affirm.

The district court properly dismissed Taylor’s action without prejudice

because Taylor did not properly exhaust his administrative remedies prior to filing

suit. See Woodford v. Ngo, 548 U.S. 81, 85, 93-95 (2006) (holding that “proper

exhaustion” is mandatory and requires adherence to administrative procedural

rules). Moreover, Taylor failed to show that administrative remedies were

effectively unavailable to him. See Sapp v. Kimbrell, 623 F.3d 813, 822 (9th Cir.

2010) (exhaustion is not required where administrative remedies are “effectively

unavailable”).

AFFIRMED.

2 12-57120
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 350 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
S. RES. 350

 Expressing the sense of the Senate regarding the recent presidential 
           election in the Democratic Republic of the Congo.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 17, 2011

 Mr. Lee submitted the following resolution; which was referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION

 
 Expressing the sense of the Senate regarding the recent presidential 
           election in the Democratic Republic of the Congo.

    Resolved, That it is the sense of the Senate that--
            (1) all political leaders in the Democratic Republic of the 
        Congo and the supporters of those leaders should act 
        responsibly, renounce violence, and resolve any disagreements 
        regarding the presidential election of November 2011 through 
        peaceful, constructive dialogue and existing legal remedies;
            (2) the authorities of the Democratic Republic of the Congo 
        should conduct a rapid technical review of the electoral 
        process to--
                    (A) investigate the cause of any voting 
                irregularities;
                    (B) suggest ways in which governance could be 
                structured to give better effect to the will of the 
                people of the Democratic Republic of the Congo; and
                    (C) provide guidance for future elections;
            (3) the authorities of the Democratic Republic of the Congo 
        should complete the electoral process with maximum openness and 
        transparency; and
            (4) the United States Government should engage with other 
        governments in Central Africa and ask those governments to 
        reach out to President Joseph Kabila and opposition candidate 
        Etienne Tshisekedi to encourage the 2 leaders to embrace a 
        peaceful solution to the potential impasse facing the 
        Democratic Republic of the Congo.
                                 <all>
```
#### The People of the State of New York, Respondent, v Jeffrey McQueen, Appellant.

—Judgment unanimously affirmed. Counsel’s application to withdraw granted *(see, People v Crawford,*71 AD2d 38). (Appeal from judgment of Supreme Court, Erie County, Marshall, J.—criminal possession of stolen property.) Present—Dillon, P. J., Denman, Boomer, Pine and Schnepp, JJ.
DISMISS and Opinion Filed July 24, 2024 

# S

In The 

### Court of Appeals Fifth District of Texas at Dallas No. 05-23-00947-CV TADAEL GIRMA MELKA, Appellant V. KYLE SARLES, MATTHEW SHUL ER, AND MURPHY POLICE DEPARTMENT, Appellees On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-02660-2023 MEMORANDUM OPINION Before Justices Smith, Miskel, and Breedlove Opinion by Justice Smith On January 25, 2024, we no tified appellant, who is proceeding pro se, that his brief failed to comply with rule 38.1 of the Texas Rule s of Appellate Procedure. See
T EX
. R. A PP
. P. 38.1. We listed numerous defects in the brief, including that it did not contain a statement of the case, a table of authorities, or a table of contents. More importantly, the brief did not contai n any citations to the record or to authorities. We instructed appellant to file an amended brief correcting the deficiencies within ten days.–2– The purpose of an appellant’s brief is to acquaint the Court with the issues in a case and to present argument that w ill enable us to decide the case. See T EX
. R.
A PP
. P. 38.9. And we are not responsible for searching the record for facts that may be favorable to a party’s position. Bolling v. Farmers Branch Indep. Sch. Dist ., 315 S.W.3d 893, 895 (Tex. App— Dallas 2010, no pet.)(citing Fredonia State Bank v. Gen. Am. Life Ins. Co. , 881 S.W.2d 279, 283–284 (Tex. 1994 )). Thus, the right to appellate review extends only to complaints made in ac cordance with our rules of appellate procedure, which re quire an appellant to concisely articulate the issues we are asked to decide, to make clear, concise, and specifi c arguments in support of appellant’s position, to cite appropriate authorities, and to specify the pages in the record where each allege d error can be found. See Tex. R. App. P. 38.1; Lee v. Abbott , No. 05-18-01185-CV, 2019 WL 1970521, at *1 (Tex. App—Dallas May 3, 2019, no pet.) (mem. op.); Bolling, 315 S.W.3d at 895. Even liberally construing appellant’s br ief, we conclude that it is wholly inadequate to present any questions for appe llate review and is in flagrant violation of rule 38.1. See Tex. R. App. P. 38.1; Bolling , 315 S.W.3d at 895. Further, although directed to correct all deficienci es, appellant has failed to do so.–3– Under these circumstances, we strike appe llant’s brief and dismiss this appeal for want of prosecution. See T EX
. R. A PP
. P. 38.9(a); 42.3(b),(c).

230947F.P05 /Crai g Smith / CRAIG SMITH JUSTICE–4– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT
TADAEL GIRMA MELKA, Appellant
No. 05-23-00947-CV V. KYLE SARLES, MATTHEW SHULER, AND MU RPHY POLICE DEPARTMENT, Appellees On Appeal from the 199th Judicial District Court, Collin County, Texas Trial Court Cause No. 199-02660- 2023. Opinion delivered by Justice Smith. Justices Miskel and Breedlove participating.

In accordance with this Court’s opini on of this date, this appeal is DISMISSED

. Judgment entered July 24, 2024
EXHIBIT 32.1

BEA SYSTEMS, 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 periodic report of BEA Systems, Inc. (the
Company) on Form 10-Q for the period ended April 30, 2006 as filed with the Securities and Exchange Commission (the Report), I, Alfred S. Chuang, Chief Executive Officer of the Company, hereby certify as of the date
hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:



| | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods
indicated.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

This Certification has not been, and shall not be deemed, filed with the Securities Exchange Commission.

Date: June 9, 2006



/s/    Alfred S.
ChuangAlfred S. Chuang Chief Executive Officer
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.
 Small Business Administration [Disaster Declaration #17043 and #17044; Florida Disaster Number FL-00168]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of Florida dated 07/22/2021. *Incident:*
                         Tropical Storm Elsa. *Incident Period:*
                         07/08/2021.
 DATES: Issued on 07/22/2021. *Physical Loan Application Deadline Date:*
                         09/20/2021. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         04/22/2022.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:*
                     Alachua. *Contiguous Counties:* Florida: Bradford, Columbia, Gilchrist, Levy, Marion, Putnam, Union. The Interest Rates are: Percent*For Physical Damage:*Homeowners with Credit Available Elsewhere
3.250Homeowners without Credit Available Elsewhere
1.625Businesses with Credit Available Elsewhere
5.760Businesses without Credit Available Elsewhere
2.880Non-Profit Organizations with Credit Available Elsewhere
2.000Non-Profit Organizations without Credit Available Elsewhere
2.000*For Economic Injury:*Businesses & Small Agricultural Cooperatives without Credit Available Elsewhere
2.880Non-Profit Organizations without Credit Available Elsewhere
2.000
 The number assigned to this disaster for physical damage is 17043 8 and for economic injury is 17044 0. The State which received an EIDL Declaration # is Florida. (Catalog of Federal Domestic Assistance Number 59008) Isabella Guzman, Administrator.


[FR Doc. 2021-15997 Filed 7-27-21; 8:45 am] BILLING CODE 8026-03-P
<PAGE>




                                  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 Annual Report of Asta Funding, Inc. (the "Company") on
Form 10-K for the year ending September 30, 2006 as filed with the Securities
and Exchange Commission (the "Report"), I, Gary Stern, Chief Executive Officer
of the Company, certify, pursuant to 18 U.S.C. ss. 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)
          of the Securities Exchange Act of 1934; and

          (2) The information contained in the Report fairly presents, in all
          material respects, the consolidated financial condition of the company
          as of the dates presented and the consolidated result of operations of
          the Company for the periods presented.


Dated: December 14, 2006


/s/ Gary Stern
--------------------
Gary Stern
President and Chief Executive Officer
(Principal Executive Officer)


This certification has been furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and is not being filed as part of the 10-K as a
separate disclosure statement.

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff per request.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF INTERNET AMERICA, INC. FOR THE YEAR ENDED JUNE 30, 1999,
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               JUN-30-1999
<CASH>                                           5,846
<SECURITIES>                                         0
<RECEIVABLES>                                    1,490
<ALLOWANCES>                                       367
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 7,095
<PP&E>                                           8,777
<DEPRECIATION>                                   6,154
<TOTAL-ASSETS>                                  18,913
<CURRENT-LIABILITIES>                            7,034
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            69
<OTHER-SE>                                      11,556
<TOTAL-LIABILITY-AND-EQUITY>                    18,913
<SALES>                                              0
<TOTAL-REVENUES>                                18,119
<CGS>                                            8,801
<TOTAL-COSTS>                                   11,975
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 185
<INCOME-PRETAX>                                (2,471)
<INCOME-TAX>                                         8
<INCOME-CONTINUING>                            (2,463)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,463)
<EPS-BASIC>                                     (0.45)
<EPS-DILUTED>                                   (0.45)


</TABLE>
#### The People of the State of New York, Respondent, v Edward Padilla, Appellant.

[943 NYS2d 775] —

Appeal by the de*1039fendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered March 25, 2010, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with *Anders v California*(386 US 738 [1967]), in which he moves for leave to withdraw as counsel for the appellant.

Ordered that the judgment is affirmed.

We are satisfied with the sufficiency of the brief filed by the defendant’s assigned counsel pursuant to *Anders v California*(386 US 738 [1967]), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is, therefore, granted *(see Anders v California,*386 US 738 [1967]; *Matter of Giovanni S. [Jasmin A.],*89 AD3d 252 [2011]; *People v Paige,*54 AD2d 631 [1976]; *cf. People v Gonzalez,*47 NY2d 606 [1979]). Rivera, J.P., Eng, Chambers, Sgroi and Miller, JJ., concur.
**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 Quarterly Report of Metalline Mining Company (the "Company")
      on Form 10-QSB for the period ended April 30, 2007, as filed with the Securities
      and Exchange Commission on the date hereof (the "Report"), I, Wayne L.
      Schoonmaker, Principal 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, as amended; 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/
      Wayne L. Schoonmaker


Principal
      Financial Officer








Dated:
      June 17, 2007
Document

Exhibit 10.4.1


May 25, 2021


Credit Suisse AG, New York Branch, as Agent
Eleven Madison Avenue
New York, New York 10010
Attn: Patrick Hart
(212) 538-2007 (phone)
(212) 325-4519 (fax)


With a copy to:


Credit Suisse Securities (USA) LLC
Eleven Madison Avenue
New York, New York 10010
Attn: Roman Schwartz
(212) 325-9896 (phone)
(212) 743-5442 (fax)


Re:       Notice of Optional Reduction of Commitment 


Ladies and Gentlemen:
Reference is made to the Term Loan Agreement dated as of May 18, 2021 (the “Loan Agreement”) among TRIP Railcar Co., LLC, as borrower, Trinity Industries Leasing Company, as servicer, TRIP Rail Holdings LLC, the banks and other lending institutions from time to time party thereto, Credit Suisse AG, New York Branch, as agent, and U.S. Bank National Association, as collateral agent and depositary.  Capitalized terms used but not defined in this Notice of Optional Reduction of Commitment shall have the meanings given thereto in the Loan Agreement. 
As Agent under the Loan Agreement, you are hereby notified pursuant to Section 2.08(a) of the Loan Agreement that the Borrower irrevocably reduces the Committed Amount by $200,000,000, to $335,000,000, effective as of two Business Days after the date hereof.
This Notice of Optional Reduction of Commitment shall be governed by the laws of the State of New York.
[Signature page to follow]










Very truly yours,


TRIP RAILCAR CO., LLC


By: TRIP Rail Holdings LLC 
its Manager


By: Trinity Industries Leasing Company 
its Agent






By:  /s/ Sara E. McCoy                                          
Name:  Sara E. McCoy 
Title:  Senior Vice President and Managing Director
**Exhibit      32.2 -**
**Certification      of Principal Financial Officer and Secretary**

**CERTIFICATION      IN ACCORDANCE WITH**

**18      U.S.C. SECTION 1350**

**AS      ADOPTED BY**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

|   | (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/                Jennifer S. LeBlanc |
|   | Jennifer                S. LeBlancChief                Financial Officer and SecretaryDate:                September 27, 2007 |

----