alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17
- 7242

ROBERT JOSEPH KING , Plaintiff

- Appellant ,

v. ROBERT NEALL, Acting Secretary of Health; JOHN ROBISON, Chief Executive Officer, Clifton T. Perkins Hospital Center, In His Individual and Official Capacity; THOMAS LEWIS, Chief Operating Officer, Clifton T. Perkins Hospital Center, In His Individual and Official Capacity; INNA TALLER, M.D., Clinical Director, Clifton T. Perkins Hospital Center, In Her Individual and Of ficial Capacity; ARAM FARAMARZ MOKHTA ARIA, M.D., Clifton T. Perkins Hospital Center, In His Individual and Official Capacity; WAYNE NOBLE, Clifton T. Perkins Hospital Center, In His Individual and Official Capacity; CHANDRA WIGGINS, Clifton T. Perkins Hos pital Center, In Her Individual and Official Capacity , Defendants

- Appellees

.

Appeal from the United States District Court for the District of Maryland , at Greenbelt

. Deborah K. Chasanow , Senior District Judge. ( 8:16

- cv
- 03804

- DKC )

Submitted : April 30, 2018 Decided: May 23, 2018

Before TRAXLER, KING , and KEENAN, Circuit Judges.

Dismissed by un published per curiam opinion

.2 Robert Joseph King , Appellant Pro Se. Kathleen A. Ellis , OFFICE OF THE ATTORNEY GENERAL, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM: Robert King seeks to appeal an order of the district court dismissing King’s complaint on various grounds , in part without prejudice to King’s right to file an amended complaint. King has taken advantage of the district court’s invitation, and his amended complaint is now pending in the district court. Appellees have moved to dismiss this appeal for lack of jurisdiction. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541, 545

- 4 6 (1949). The
order King seeks to appeal is neither a final order nor an appealable interlocutory or
collateral order. See Goode v. Cent. Va. Legal Aid Soc’y, Inc. , 807 F.3d 619, 623 (4th Cir. 2015) ( “An order dismissing a complaint without prejudice is not an appealable final order under § 1291 if t he plaintiff could save his action by merely amending his complaint.” (internal quotation marks omitted)). Accordingly, we grant Appellees’ motion to dismiss the appeal, deny leave to proceed in forma pauper is , and dismiss the a ppeal for lack of jurisdiction. We deny as moot King’s motion for appointment of counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM EUROTECH,
LTD. BALANCE SHEET AS OF SEPTEMBER 30, 1998 AND STATEMENT OF OPERATIONS FOR THE
NINE MONTHS ENDED SEPTEMBER 30, 1998.
</LEGEND>
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</TABLE>
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<TABLE> <S> <C>

<ARTICLE>6
<LEGEND> THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE FORM 10-Q AS OF MARCH 31, 2000 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
<MULTIPLIER>1
<FISCAL-YEAR-END>             DEC-31-2000
<PERIOD-START>                JAN-01-2000
<PERIOD-END>                  MAR-31-2000
<PERIOD-TYPE>                       3-MOS
<INVESTMENTS-AT-COST>             277,977
<INVESTMENTS-AT-VALUE>            330,197
<RECEIVABLES>                           0
<ASSETS-OTHER>                      2,500
<OTHER-ITEMS-ASSETS>               76,072
<TOTAL-ASSETS>                    408,769
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<OTHER-ITEMS-LIABILITIES>         816,245
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<EXPENSES-NET>                    (70,117)
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</TABLE>
II

Calendar No. 553

105TH CONGRESS

2D SESSION S. 1736

[Report No. 105–314]

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

trade for the vessel BETTY JANE.

IN THE SENATE OF THE UNITED STATES

MARCH 10, 1998

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

the Committee on Commerce, Science, and Transportation

SEPTEMBER 9, 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

BETTY JANE.

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

•S 1736 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 and 12108 of title 46, United

6 States Code, the Secretary of Transportation may issue

7 a certificate of documentation with appropriate endorse8 ment for employment in the coastwise trade for the vessel

9 BETTY JANE, Virginia registration number VA 7271 P.

Calendar No. 553

105TH CONGRESS

2D SESSION S. 1736

[Report No. 105–314]

A BILL

To authorize the Secretary of Transportation to

wise trade for the vessel BETTY JANE.priate endorsement for employment in the coastissue a certificate of documentation with approSEPTEMBER 9, 1998

Reported without amendment
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```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1625 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1625

             To suspend temporarily the duty on resmethrin.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 11, 1998

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

_______________________________________________________________________

                                 A BILL

 
             To suspend temporarily the duty on resmethrin.

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

SECTION 1. TEMPORARY SUSPENSION OF DUTY.

    (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:
    

         ``    9902.32.19     [5-(phenylmethyl)-                                                                
                               3-furanyl]                                                                       
                               methyl 2,2-                                                                      
                               dimethyl-3-(2-                                                                   
                               methyl-1-                                                                        
                               propenyl)                                                                        
                               cyclopropanecarb                                                                 
                               oxylate                                                                          
                               (resmethrin)                                                                     
                               (CAS No. 10453-                                                                  
                               86-8) (provided                                                                  
                               for in                                                                           
                               subheading                                                                       
                               2932.19.10).....  Free        No change        No change       On or before      
                                                                                               12/31/2000       
                                                                                                                

    (b) Effective Date.--The amendment made by this section applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of enactment of 
this Act.
                                 <all>
```
#### Commonwealth *vs.*Joseph Rollo.

Berkshire.

September 14, 1909.

October 20, 1909.

Present: Knowlton, C. J., Morton, Hammond, Loring, & Sheldon, JJ.

*Evidence,*Competency.

At the trial of an indictment for carnally knowing and abusing a female child less than thirteen years of age, evidence, which is competent to explain delay of the complainant in informing her mother of the acts of the defendant, is none the less admissible because it consists of a threat made by the wife of the defendant in his absence on the day after the crime was committed, which for other purposes would not be admissible.

Indictment, found and returned in the county of Berkshire in January, 1909, for .carnally knowing and abusing a female child under the age of sixteen years.

At the trial befpre *King,*J., there was evidence tending to show, among other things, that at the time of the alleged acts of the defendant, the complainant was less than thirteen years of age and that her mother was ill, that the wife of the defendant worked as a domestic for the mother and lived and lodged in the house, that the defendant made occasional visits to the house to see his wife and was passing the night there when the crime was committed. The evidence showed delay on the part of the complainant in informing her mother of the acts of the defendant. In the course of the complainant’s examination, the *355district attorney asked her what the defendant’s wife said to her the next day after the crime was committed, in the absence of the defendant. The defendant objected. The judge over-the objection, and the defendant excepted. The complainant was allowed to testify that the defendant’s wife said to her that if she did not keep still about what the defendant had done to her the defendant’s wife would leave her place and would work no more for the complainant’s mother.

The jury returned a verdict of guilty; and the defendant alleged exceptions.

P. *J.*Moore, for the defendant.

*S. S.*Taft, District Attorney, for the Commonwealth, submitted a brief.

Hammond, J.

One of the legitimate arguments which could have been made against the credibility of the complainant’s story was that she did not promptly complain to her mother. While the conversation which took place between the defendant’s wife and the complainant was not admissible as evidence of any fact, or even of the good faith of the wife in making the threat therein contained, yet it was admissible as tending to explain the delay of the complainant in making her complaint. This is too plain to require discussion or the citation of authorities.

*Exceptions overruled.*
Page 1 - STEVEN GERLICHER'S ANSWER TO PLAINTIFF'S COMPLAINT 

Albert N. Kennedy, OSB No. 821429 

Direct Dial: (503) 802-2013 

Facsimile: (503) 972-3713 

E-Mail: al.kennedy@tonkon.com 

TONKON TORP LLP 

1600 Pioneer Tower 

888 S.W. Fifth Avenue 

Portland, OR 97204 

Attorneys for Defendant Steven Gerlicher 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

(Portland Division) 

WELLS FARGO BANK, NATIONAL 

ASSOCIATION, a National Banking 

Association, 

Plaintiff, 

v. 

STEVEN GERLICHER and AARON 

LAFKY, 

Defendants. 

Civil No. 3:14-cv-02034

STEVEN GERLICHER'S ANSWER TO 

PLAINTIFF'S COMPLAINT

To answer plaintiff's Complaint, defendant Steven Gerlicher ("Gerlicher") states: 

1. Admitted. 

2. Admitted. 

Case 3:14-cv-02034-HZ Document 8 Filed 01/28/15 Page 1 of 2
Page 2 - STEVEN GERLICHER'S ANSWER TO PLAINTIFF'S COMPLAINT 

3. The first sentence of paragraph 3 is admitted. Further admitted that the 

indebtedness of Muskie Properties, LLC and Northland Holdings, LLC is evidenced by a 

Promissory Note and that a copy of the Repayment Guaranty is attached to the Complaint as 

Exhibit 1. Except as admitted, the remaining allegations are denied. 

4. Admitted that Muskie Properties, LLC and Northland Properties, LLC are 

in default pursuant to the terms of the Promissory Note in effect with plaintiff for failure to pay 

the amounts due thereunder as agreed. The remaining allegations contained in paragraph 4 are 

denied because Muskie Properties, LLC and Northland Properties, LLC are and will continue to 

make payments to plaintiff and Gerlicher is without knowledge or information sufficient to 

determine the truth thereof. 

5. Admitted. 

6. In response to the allegations set forth in paragraph 6, Gerlicher states that 

the Repayment Guaranty speaks for itself. 

WHEREFORE, defendant Steven Gerlicher prays that this Court enter such 

judgment as it determines is just and equitable, with post-judgment interest, if any, at the rate 

provided in 28 U.S.C. § 1961. 

DATED this 28th day of January, 2015. 

TONKON TORP LLP

By /s/ Albert N. Kennedy 

Albert N. Kennedy, OSB No. 821429 

Direct Dial: (503) 802-2013 

Fax: (503) 972.3713 

E-Mail: al.kennedy@tonkon.com 

Attorneys for Defendant Steven Gerlicher 

036999/00001/6180579v1 

Case 3:14-cv-02034-HZ Document 8 Filed 01/28/15 Page 2 of 2
EXHIBIT 32.1








CERTIFICATION OF THE PRINCIPAL FINANCIAL 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 American Commerce Solutions, Inc. (the "Company") on Form 10-Q for the period ended August 31, 2012 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Frank D. Puissegur, Chief Financial Officer (Principal Financial Officer) and Director 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 my knowledge:





(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.








Date: February 27, 2013

/s/ Frank D. PuissegurFrank D. PuissegurChief Financial Officer (Principal Financial Officer) and Director