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

Calendar No. 308

105TH CONGRESS

2D SESSION S. 1272

[Report No. 105–162]

To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise

trade for the vessel ARCELLA.

IN THE SENATE OF THE UNITED STATES

OCTOBER 8, 1997

Mr. REED introduced the following bill; which was read twice and referred to

the Committee on Commerce, Science, and Transportation

FEBRUARY 12, 1998

Reported by Mr. MCCAIN, without amendment

A BILL

To authorize the Secretary of Transportation to issue a

certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel

ARCELLA.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1272 RS

1 SECTION 1. CERTIFICATE OF DOCUMENTATION.

2 Notwithstanding section 27 of the Merchant Marine

3 Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of

4 June 19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App.

5 289), and sections 12106 through 12108 of title 46,

6 United States Code, the Secretary of Transportation may

7 issue a certificate of documentation with appropriate en8 dorsement for employment in the coastwise trade for the

9 vessel ARCELLA, United States Official Number

10 1025983.

Calendar No. 308

105TH CONGRESS

2D SESSION S. 1272

[Report No. 105–162]

A BILL

To authorize the Secretary of Transportation to

wise trade for the vessel ARCELLA.priate endorsement for employment in the coastissue a certificate of documentation with approFEBRUARY 12, 1998

Rported without amendment
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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1


# United States Court of Appeals

For the Seventh Circuit Chicago, Illinois 60604

Submitted August 15, 2013 *

Decided August 16, 2013



### Before

F RANK H. E ASTERBROOK , Chief Judge

J OEL M. F LAUM , Circuit Judge

D AVID F. H AMILTON , Circuit Judge

No. 13

- 1887

M ARTINS O CHOLI , Plaintiff

- Appellant

,

v

.
W AL

- M ART S TORES E AST , L.P.
, Defendant

- Appellee

. Appeal from the United States District Court for the Eastern District of Wisconsin

.

No. 12

- C

- 1069 Rudolph T. Randa

, Judge

.

Order

Martins Ocholi sued hi s employer , contending that it violated Title VII of the Civil Rights Act of 1964. The district court dismissed the suit as untimely. Title VII allows 90 days after the charging party receives notice of his right to sue. 42 U.S.C. §§ 2000e

– 5(f)(1), 2000e

– 16(c). Ocholi fi led his suit 108 days after the EEOC mailed its right

- to

- sue let ter , and the district court observed that Ocholi has not contended that delivery took 18 days or longer. Indeed, Ocholi never told the district court when he had receive d the letter.

* After examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R. App. P. 34(a); Cir. R. 34(f).N o. 13

- 188 7 Page 2

Ocholi’s appellate briefs do not address the ground on which the district court d ecided the case. Instead he asserts that Wal

- Mart violated Title VII . This is not so much a justification for extending the time to sue (Ocholi has never argued for tolling or esto ppel) as it is a proposal that the judiciary ignore the statute. We grant leeway to plaintiffs who represent themselves, as Ocholi has done, and do our best to understand inartfully phrased contentions, but statutes must be enforced whet her or not a litigant has a la wyer. See McNeil v. United States , 508 U.S. 106 , 113 (1993 ) . Because Ocholi does not co ntend that the district court misunderstood or misapplied the time limit in Title VII, this appeal is dismissed for lack of an adequate bri ef . See Fed. R. App. P. 28(a)(9)(A).
Filed by sedaredgar.com - Cheetah Oil and Gas Inc. - Exhibit 10.2






WARRANT CANCELLATION AGREEMENT

THIS AGREEMENT made the 28 day of November, 2008

BETWEEN:

Cheetah Oil and Gas Inc. 
(the
"Company") 

AND: 

Kepis & Pobe Investments
Inc.
("Kepis")

WHEREAS:

A. Kepis is the holder of 3,000,000 of the Company’s common
stock purchase warrants and agrees herein to cancel such warrants (the “Kepis
Warrants”).

B. The Kepis Warrants were acquired by Kepis from Macquarie
Holdings (USA) Inc., and consist of Warrant No. A-1 (as to 1,000,000 underlying
shares), Warrant No. A-2 (as to 500,000 underlying shares), Warrant No. B-1 (as
to 1,000,000 underlying shares) and Warrant No. B-2 (as to 500,000 underlying
shares), all issued on March 14, 2006.

C. Kepis agrees to the cancellation of the Kepis Warrants.

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration
of the mutual covenants contained herein (the sufficiency whereof is hereby
acknowledged by the parties hereto), the parties hereby agree to and with each
other as follows:

	1. 		CANCELLATION OF KEPIS WARRANTS
	 	 	 
		1.1 	
      The Kepis Warrants shall be cancelled effective on the
      date of this Agreement.

	 	 	 
	2. 		RELEASE
	 	 	 
		2.1 	
      Kepis, together with his heirs, executors,
      administrators, and assigns, does hereby remise, release and forever
      discharge the Company, its respective directors, officers, shareholders,
      employees and agents, and their respective successors and assigns, of and
      from all claims, causes of action, suits and demands whatsoever which
      Kepis ever had, now or may have howsoever arising out of the original
      grant and this cancellation of the Kepis Warrants.

	 	 	 
	3. 		COUNTERPARTS
	 	 	 
		3.1 	
      This Agreement may be executed in several counterparts,
      each of which will be deemed to be an original and all of which will
      together constitute one and the same instrument.

	 	 	 
	4. 		ELECTRONIC MEANS
	 	 	 
		4.1 	
      Delivery of an executed copy of this Agreement by
      electronic facsimile transmission or other means of electronic
      communication capable of producing a printed copy will be deemed to be
      execution and delivery of this Agreement as of the date set forth on page
      one of this Agreement.







- 2 -

	5. 		FURTHER ASSURANCES
	 	 	 
		5.1 	
      As and so often as may be required, the parties will
      execute and deliver all such further documents, do or cause to be done all
      such further acts and things, and give all such further assurances as in
      the opinion of the Company or its counsel are necessary or advisable to
      give full effect to the provisions and intent of this Agreement.

	 	 	 
	6. 		PROPER LAW
	 	 	 
		6.1 	
      This Agreement will be governed by and construed in
      accordance with the law of the Province of British
  Columbia.



IN WITNESS WHEREOF the parties have executed and
delivered this Agreement.

	CHEETAH OIL AND GAS INC. 
	 
	Per: 	
      /s/ Robert McAllister 

	  	Authorized Signatory 
	 	 
	  	  
	KEPIS & POBE INVESTMENTS INC. 
	 
	Per: 	/s/ signed 
	  	Authorized Signatory
---

CERTIFICATION OFCHIEF EXECUTIVE OFFICER AND CHIEF
FINANCIAL OFFICERPURSUANT TO18 U.S.C. SECTION
1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

I, Howard Thomson, Chief Executive Officer and Chief Financial
Officer of Terrace Ventures Inc. (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 Annual Report on Form 10-KSB of the Company, for the
      fiscal year ended April 30, 2007, and to which this certification is
      attached as Exhibit 32.1 (the Report) fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
      1934, as amended; and
| | ---- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                                                                     
| | (ii) | the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.                                                                                                                                                    

| | By:    |                            
| | ------ | ---------------------------
| |        | /s/
      Howard Thomson   
| | Name:  | HOWARD THOMSON             
| |        |                            
| | Title: | Chief Executive Officer and
| |        | Chief Financial Officer    
| |        |                            
| | Date:  | August 13, 2007            

A signed original of this written statement required by
Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the
Registrant and will be retained by the Registrant and furnished to the
Securities and Exchange Commission or its staff upon request.

This certification accompanies the Form 10-KSB to which it
relates, is not deemed filed with the Securities and Exchange Commission and is
not to be incorporated by reference into any filing of the Registrant under the
Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made
before or after the date of the Form 10-KSB), irrespective of any general
incorporation language contained in such filing.

---
##### 



Exhibit 32

CERTIFICATION
Accompanying Form 10-Q Report
of First Industrial, L.P.
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(Chapter 63, Title 18 U.S.C. §1350(a) and (b))

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Chapter 63,
Title 18 U.S.C. §1350(a) and (b)), each of the undersigned hereby certifies, to
his knowledge, that the Quarterly Report on Form 10-Q for the period ended June
30, 2003 of First Industrial, L.P. (the Company) fully complies with the
requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act
of 1934 and that the information contained in such Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company.

|                       |  |                                                                                                     
|---------------------- |  | ----------------------------------------------------------------------------------------------------
|Dated: August 11, 2003 |  | /s/ Michael W. BrennanMichael W. Brennan
Chief Executive Officer
First Industrial Realty Trust, Inc.
|                      
|                      
|                      
|Dated: August 11, 2003 |  | /s/ Michael J. HavalaMichael J. Havala
Chief  Financial Officer
First Industrial Realty Trust, Inc. 

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 upon request. The
information contained in this written statement shall not be deemed filed for
purposes of Section 18 of the Securities Exchange Act of 1934, nor shall it be
deemed incorporated by reference in any filing under the Securities Act of 1933
or the Securities Exchange Act of 1934, except as shall be expressly set forth
by specific reference to such filing.
**Exhibit 31.1****Sarbanes-Oxley Section 302 Certification**I, Stephen J. Hansbrough, certify that:1. I have reviewed this Amendment No. 1 to the annual report on Form 10-K/A of HearUSA, Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) forthe registrant and we have: a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluations; and  c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter(the registrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing the equivalent function): a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.Date: May 11, 2006/s/ Stephen J. HansbroughStephen J. Hansbrough Chief Executive Officer
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>               DEC-31-1995
<PERIOD-END>                    DEC-31-1996
<CASH>                                         6,696,361
<SECURITIES>                                   16,924,567
<RECEIVABLES>                                  2,066,196
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               27,204,000
<PP&E>                                         11,647,346
<DEPRECIATION>                                 683,775
<TOTAL-ASSETS>                                 39,620,749
<CURRENT-LIABILITIES>                          2,657,685
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       92,437
<OTHER-SE>                                     45,424,428
<TOTAL-LIABILITY-AND-EQUITY>                   39,620,749
<SALES>                                        0
<TOTAL-REVENUES>                               15,000,000
<CGS>                                          0
<TOTAL-COSTS>                                  17,263,201
<OTHER-EXPENSES>                               33,899
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             71,053
<INCOME-PRETAX>                                (1,031,749)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (1,031,749)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (1,031,749)
<EPS-PRIMARY>                                  (0.11)
<EPS-DILUTED>                                  (0.11)



</TABLE>
#### In the Matter of Rodney Skinner, Petitioner, v Edward J. McLaughlin, Respondent.

[944 NYS2d 713] —

The above-named petitioner having presented an application to this Court praying for an order, pursuant to article 78 of the Civil Practice Law and Rules, now, upon reading and filing the papers in said proceeding, and due deliberation having been had thereon, it is unanimously ordered that the application be and the same hereby is denied and the petition dismissed, without costs or disbursements. Concur — Tom, J.E, Andrias, DeGrasse, Richter and Román, JJ.
#### Omar Sharrieff GAY, Plaintiff-Appellant, v. Matthew CATE, et al., Defendants-Appellees.

No. 10-16144.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 2011.*

Filed July 22, 2011.

Omar Sharrieff Gay, Soledad, CA, pro se.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

California state prisoner Omar Sharrieff Gay appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants violated Gay’s Eighth Amendment, due process and equal protection rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal under 28 U.S.C. § 1915A for failure to state a claim, *Weilburg v. Shapiro,*488 F.3d 1202, 1205 (9th Cir.2007), and for an abuse of discretion the district court’s dismissal of a complaint without leave to amend, *Lopez v. Smith,*203 F.3d 1122, 1130 (9th Cir.2000) (en banc). We vacate and remand.

The district court dismissed Gay’s original complaint without first providing him with notice of the deficiencies and an opportunity to amend with the benefit of that notice, and also did not address Gay’s equal protection claim that he is “similarly situated” to mentally ill prisoners who urinate or soil on themselves and his claim for failure to protect him from his cellmates. Accordingly, we vacate the judgment and remand to the district court with instructions to address the equal protection and failure-to-protect claims and provide Gay with an opportunity to file an amended complaint. *See Weilburg,*488 F.3d at 1205 (“Dismissal of a *pro se*complaint without leave to amend is proper only if it is absolutely clear that the deficiencies of the complaint could not be cured by amendment.” (citation and internal quotation marks omitted)); *Ferdik v. Bonzelet,*963 F.2d 1258, 1261 (9th Cir.1992) (“[Bjefore dismissing a pro se complaint the district court must provide the litigant with notice of the deficiencies in his complaint in order to ensure that the litigant uses the opportunity to amend effectively.”).

Gay shall bear his own costs on appeal.

VACATED and REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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UN I TE D ST AT ES D I STRI CT C OU RT F O R T H E D IS T R IC T O F C O LU M B IA

_______________________________________) HA RO L D E DM UN D ST ON I ER, ) ) Petitioner, ) ) v. ) Ci vi l A cti onNo. 09 -05 81 (P LF) ) L I ND A SA ND ERS , ) ) Re sp on de nt. ) _______________________________________)

ORDER For the re asons stated in the a ccompa nying Me morandum Opinion, it is hereby ORDERED that this case is DI SMI SSED for lack of jurisdiction This is a fina l appea lable Or der. See Rul e 4( a ), F e d. R. A pp . P. SO ORDERED. /s/________________________ PAULL . FRI EDMAN DATE: April 2, 2009 United States District Judg e