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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-3164

ANDREW YOUNG, JR.,

Plaintiff - Appellant,

versus

ALLIED SIGNAL TECHNICAL SERVICES CORPORATION,

a/k/a Bendix Field Engineering Corporation,

Defendant - Appellee.

Appeal from the United States District Court for the District of

Maryland, at Greenbelt. Alexander Williams, Jr., District Judge.

(CA-94-3634-AW)

Submitted: April 15, 1996 Decided: April 22, 1996

Before ERVIN and MOTZ, Circuit Judges, and CHAPMAN, Senior Circuit

Judge.

Affirmed by unpublished per curiam opinion.

Andrew Young, Jr., Appellant Pro Se. Stanley Mazaroff, VENABLE,

BAETJER & HOWARD, Baltimore, Maryland; Patricia Gillis Cousins,

VENABLE, BAETJER & HOWARD, Rockville, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order granting

summary judgment to the Defendant in the Appellant's employment

discrimination suit. We have reviewed the record and the district

court's opinion, and find no reversible error. Accordingly, we

affirm on the reasoning of the district court. Young v. Allied

Signal Technical Serv. Corp., No. CA-94-3634-AW (D. Md. Dec. 1,

1995). We deny Appellant's motion for appointment of counsel and

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
105TH CONGRESS

2D SESSION S. 2087

AN ACT

To authorize the Secretary of the Interior to convey certain

works, facilities, and titles of the Gila Project, and designated lands within or adjacent to the Gila Project,

to the Wellton-Mohawk Irrigation and Drainage District,

and for other purposes.

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

3 SECTION 1. SHORT TITLE

4 This Act may be referred to as the ‘‘Wellton-Mohawk

5 Transfer Act’’.
2

S 2087 ES

1 SEC. 2. TRANSFER

2 The Secretary of the Interior (‘‘Secretary’’) is author3 ized to carry out the terms of the Memorandum of Agree4 ment No. 8–AA–34–WAO14 (‘‘Agreement’’) dated July

5 10, 1998 between the Secretary and the Wellton-Mohawk

6 Irrigation and Drainage District (‘‘District’’) providing

7 for the transfer of works, facilities, and lands to the Dis8 trict, including conveyance of Acquired Lands, Public

9 Lands, and Withdrawn Lands, as defined in the Agree10 ment.

11 SEC. 3. WATER AND POWER CONTRACTS

12 Notwithstanding the transfer, the Secretary and the

13 Secretary of Energy shall provide for and deliver Colorado

14 River water and Parker-Davis Project Priority Use Power

15 to the District in accordance with the terms of existing

16 contracts with the District, including any amendments or

17 supplements thereto or extensions thereof and as provided

18 under section 2 of the Agreement.

19 SEC. 4. SAVINGS

20 Nothing in this Act shall affect any obligations under

21 the Colorado River Basin Salinity Control Act (Public

22 Law 93–320, 43 U.S.C. 1571).

23 SEC. 5. REPORT

24 If transfer of works, facilities, and lands pursuant to

25 the Agreement has not occurred by July 1, 2000, the Sec-
3

S 2087 ES

1 retary shall report on the status of the transfer as pro2 vided in section 5 of the Agreement.

3 SEC. 6. AUTHORIZATION

4 There are authorized to be appropriated such sums

5 as may be necessary to carry out the provisions of this

6 Act.

Passed the Senate October 9 (legislative day, October 2), 1998.

Attest:

Secretary.
105TH CONGRESS

2D SESSION S. 2087

AN ACT

To authorize the Secretary of the Interior to convey

poses.gation and Drainage District, and for other purto the Gila Project, to the Wellton-Mohawk IrriProject, and designated lands within or adjacentcertain works, facilities, and titles of the Gila
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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRANK EDWARD HUDSON I, an 

individual; and all others similarly situated, 

Plaintiff-Appellant, 

 v. 

HOUSING AUTHORITY OF PORTLAND, 

DBA Home Forward, a public, municipal 

corporation; et al., 

Defendants-Appellees.

No. 17-35400 

D.C. No. 3:16-cv-02364-BR 

MEMORANDUM*

Appeal from the United States District Court

for the District of Oregon

Anna J. Brown, District Judge, Presiding

Submitted April 11, 2018**

Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges. 

Frank Edward Hudson I appeals pro se from the district court’s judgment 

dismissing his 42 U.S.C. § 1983 action alleging Fourteenth Amendment procedural 

due process violations arising from the denial of veterans’ preferences in hiring. 

 

* 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

APR 16 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 17-35400 

We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s 

dismissal for failure to state a claim under Federal Rule of Civil Procedure 

12(b)(6). Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010). We affirm.

The district court properly dismissed Hudson’s action because Hudson failed 

to allege facts sufficient to state a plausible due process claim arising from the 

denial of a pre-deprivation hearing during the job application process, or the 

inadequacy of available post-deprivation remedies. See Hudson v. Palmer, 468 

U.S. 517, 536, 539 (1984) (procedural due process claim requires that “claimant 

must either avail himself of the remedies guaranteed by state law or prove that the 

available remedies are inadequate”); Shinault v. Hawks, 782 F.3d 1053, 1057-58

(9th Cir. 2015) (court applies three-part balancing test set forth in Mathews v. 

Eldridge, 424 U.S. 319 (1976), to determine whether a pre-deprivation hearing is 

required); see also City of Los Angeles v. Heller, 475 U.S. 796, 799 (1986) (a 

Monell claim cannot survive in the absence of an underlying constitutional 

violation).

AFFIRMED.
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 23-0129

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

LEVI JOSEPH LAVERGNE,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including April 5, 2024, within which to prepare, file, and 

serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

February 27 2024

02/27/2024

Case Number: DA 23-0129
Exhibit 32.2

            CERTIFICATION OF PERIODIC REPORT PURSUANT TO SECTION 906
                          OF SARBANES-OXLEY ACT OF 2002

         I, the undersigned Jack (J.D.) Draper, President and Chief Executive
Officer of FIRSTPLUS Financial Group, Inc. (the "Company"), do hereby certify,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section
1350, that:

         1.   The Quarterly Report on Form 10-QSB of the Company for the quarter
ended March 31, 2005 (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.


Dated: October 21, 2005                    /s/ Jack (J.D.) Draper
                                           -----------------------------------
                                           Jack (J.D.) Draper
                                           President and Chief Executive Officer
                                           Principal Accounting Officer
Katherine Eitenmiller, OSB # 145731

Robert A. Baron, OSB # 89020 

HARDER, WELLS, BARON & MANNING, P.C. 

474 Willamette Street 

Eugene, OR 97401 

(541) 686-1969 

keitenmiller@hwbm.net 

Of Attorneys for the Plaintiff 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

TODD C. SNYDER, ) 

) Case No. 6:15-cv-02400-SU

Plaintiff, ) 

vs. ) 

) ORDER FOR PAYMENT OF ATTORNEY 

COMMISSIONER, ) FEES PURSUANT TO EAJA 

Social Security Administration , ) 

) 

) 

____________Defendant._________)

Based upon the Stipulation of the parties, it is hereby ORDERED that attorney fees in the 

amount of $8,765.10 are hereby awarded to Plaintiff, pursuant to the Equal Access to Justice Act 

(EAJA), 28 U.S.C. § 2412. Payment of this award shall be paid via check made payable to 

Plaintiff and mailed to Plaintiff’s attorneys at Harder, Wells, Baron & Manning, P.C., 474 

Willamette Street, Eugene, Oregon 97401. Pursuant to Astrue v. Ratliff, the award shall be made 

payable to Plaintiff’s attorney if the Commissioner confirms that Plaintiff owes no debt to the 

government through the federal treasury offset program. There are no costs or expenses to be 

paid herein. 

Dated this day of October 2017. 

______________________________

U.S. District Judge/Magistrate 

PRESENTED BY: 

s/ Katherine Eitenmiller 

Harder, Wells, Baron & Manning, P.C. 

Of Attorneys for Plaintiff

11th

/s/ Patricia Sullivan
#### McINTOSH v. WINDHAM.

(Decided June 13, 1913.)

Appeal from Coffee Circuit Court.

Heard before Hon. H. A. Pearce.

No counsel marked for either party.

Per curiam.

Affirmed on certificate.
# C_2006130EN.01000601.xml

| 3.6.2006 | EN | Official Journal of the European Union | C 130/6 |
| --- | --- | --- | --- |

3.6.2006

EN

Official Journal of the European Union

C 130/6

---

COM documents other than legislative proposals adopted by the Commission

(2006/C 130/05)

| Document | Part | Date | Title |
| --- | --- | --- | --- |
| COM(2006) 19 | | 25.1.2006 | Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions — The Thematic Programme ‘Non-State Actors and Local Authorities in Development’ |
| COM(2006) 85 | | 2.3.2006 | Communication from the Commission to the Council and the European Parliament: Financing for Development and Aid Effectiveness — The challenges of scaling up EU aid 2006 — 2010 |
| COM(2006) 88 | | 2.3.2006 | Communication from the Commission to the Council and the European Parliament: Increasing the impact of EU aid: A common framework for drafting country strategy papers and joint multiannual programming |
| COM(2006) 134 | | 17.3.2006 | Communication from the Commission: A renewed EU Tourism Policy: Towards a stronger partnership for European Tourism |
| COM(2006) 159 | | 4.4.2006 | Communication from the Commission: Guidance on the posting of workers in the framework of the provision of services |
| COM(2006) 164 | | 12.4.2006 | Report from the Commission on the implementation of Directive 79/409/EEC on the conservation of wild birds, Part I: Composite Report on Overall Progress Achieved Update for 1999-2001 |

Document

Part

Date

Title

COM(2006) 19

25.1.2006

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions — The Thematic Programme ‘Non-State Actors and Local Authorities in Development’

COM(2006) 85

2.3.2006

Communication from the Commission to the Council and the European Parliament: Financing for Development and Aid Effectiveness — The challenges of scaling up EU aid 2006 — 2010

COM(2006) 88

2.3.2006

Communication from the Commission to the Council and the European Parliament: Increasing the impact of EU aid: A common framework for drafting country strategy papers and joint multiannual programming

COM(2006) 134

17.3.2006

Communication from the Commission: A renewed EU Tourism Policy: Towards a stronger partnership for European Tourism

COM(2006) 159

4.4.2006

Communication from the Commission: Guidance on the posting of workers in the framework of the provision of services

COM(2006) 164

12.4.2006

Report from the Commission on the implementation of Directive 79/409/EEC on the conservation of wild birds, Part I: Composite Report on Overall Progress Achieved Update for 1999-2001

These texts are available on EUR-Lex: http://europa.eu.int/eur-lex/lex/

---
#### Clara Campbell, Respondent, v. Charles Arbuckle, Appellant.

(Argued October 21, 1890;

decided December 2, 1890.)

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 28, 1890, which affirmed a judgment, in favor of plaintiff entered upon a verdict.

*John E. Parsons*for appellant.

*C. E. Rushmore*for respondent.

Agree to affirm ; no opinion,

All concur, except Andrews, Peckham and Gray, JJ., dissenting.

Judgment affirmed.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 1381

_____________________________ S ILAS K ENDRICKS , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Duval County

. Steven B. Whittington , Judge

. January 28, 2019

P ER C URIAM

.
A FFIRMED

.
L EWIS , W INSOR , and M.K. T HOMAS , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Silas Kendricks, Pro Se, Appellant.2 Ashley B

. Moody, Attorney General
, Tallahassee, for Appellee.
#### LEAVENWORTH v. DODGE.

(Supreme Court, Appellate Division, Third Department.

July 7, 1896.)

Action by Elizabeth O. Leavenworth against Arthur M. Dodge.

No opinion. Judgment affirmed, with costs.
<PAGE>

                                                                    EXHIBIT 32.1


                                  CERTIFICATION

I, Michael D. Dale, Chief Executive Officer of ATS Medical, Inc., certify,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section
1350, that:

The Annual Report of Form 10-K of the Company for the year ended December 31,
2004 (the "Report") fully complies with the requirements of Section 13(a) of the
Securities and Exchange Act of 1934 (15 U.S.C. 78m); and

The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.


Date:     March 14, 2005

          /s/  Michael D. Dale
          --------------------------------------
Name:     Michael D. Dale
Title:    Chief Executive Officer
II

105TH CONGRESS

2D SESSION S. 2143

To amend chapter 45 of title 28, United States Code, to authorize the

Administrative Assistant to the Chief Justice to accept voluntary services,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 9, 1998

Mr. HATCH (for himself and Mr. LEAHY) introduced the following bill; which

was read twice and referred to the Committee on the Judiciary

A BILL

To amend chapter 45 of title 28, United States Code, to

authorize the Administrative Assistant to the Chief Justice to accept voluntary services, and for other purposes.

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

3 SECTION 1. AUTHORIZATION FOR VOLUNTARY SERVICES.

4 Section 677 of title 28, United States Code, is

5 amended by adding at the end the following:

6 ‘‘(c)(1) Notwithstanding section 1342 of title 31, the

7 Administrative Assistant, with the approval of the Chief

8 Justice, may accept voluntary personal services for the

9 purpose of providing tours of the Supreme Court building.
2

•S 2143 IS

1 ‘‘(2) No person may volunteer personal services under

2 this subsection unless the person has first agreed, in writ3 ing, to waive any claim against the United States arising

4 out of or in connection with such services, other than a

5 claim under chapter 81 of title 5.

6 ‘‘(3) No person volunteering personal services under

7 this subsection shall be considered an employee of the

8 United States for any purpose other than for purposes

9 of—

10 ‘‘(A) chapter 81 of title 5; or

11 ‘‘(B) chapter 171 of this title.

12 ‘‘(4) In the administration of this subsection, the

13 Administrative Assistant shall ensure that the acceptance

14 of personal services shall not result in the reduction of

15 pay or displacement of any employee of the Supreme

16 Court.’’.

Æ
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 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
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1 – OPINION AND ORDER

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

JAMES EDWARD GIALLORETO, 

No. 3:15-cv-02343-SB

Plaintiff, 

OPINION AND ORDER

v. 

WASHINGTON COUNTY, et al.,

 Defendants. 

MOSMAN, J., 

On November 17, 2016, Magistrate Judge Stacie F. Beckerman issued her Findings and 

Recommendation (“F&R”) [41], recommending that Defendants’ Motion for Summary 

Judgment [28] should be GRANTED. No objections to the F&R were filed.

DISCUSSION

The magistrate judge makes only recommendations to the court, to which any party may 

file written objections. The court is not bound by the recommendations of the magistrate judge, 

but retains responsibility for making the final determination. The court is generally required to 

make a de novo determination regarding those portions of the report or specified findings or 

recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court 

is not required to review, de novo or under any other standard, the factual or legal conclusions of 

Case 3:15-cv-02343-SB Document 44 Filed 02/09/17 Page 1 of 2
2 – OPINION AND ORDER

the magistrate judge as to those portions of the F&R to which no objections are addressed. See 

Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 

(9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R 

depends on whether or not objections have been filed, in either case, I am free to accept, reject, 

or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C). 

Upon review, I agree with Judge Beckerman’s recommendation and ADOPT the F&R

[41] as my own opinion. 

IT IS SO ORDERED.

DATED this 9th day of February, 2017. 

/s/ Michael W. Mosman_________ 

MICHAEL W. MOSMAN

Chief United States District Judge

Case 3:15-cv-02343-SB Document 44 Filed 02/09/17 Page 2 of 2