alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 The Honorable Henry L. Jones, United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 03-1892

___________ Delmus R. Romine, * * Appellant, * * v. * Appeal from the United States * District Court for the Jo Anne B. Barnhart, Commissioner, * Eastern District of Arkansas. Social Security Administration, * [UNPUBLISHED] * Appellee. *

___________ Submitted: December 23, 2003 Filed: January 5, 2004

___________ Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________ PER CURIAM. Delmus Romine appeals the district court’s 1 decision upholding the Commissioner’s denial of his application for disability insurance benefits after a hearing before an administrative law judge (ALJ), and after the Appeals Council denied review. Having reviewed the record, including the new evidence submitted-2- to the Appeals Council, we find that the Commissioner’s final decision is supported by substantial evidence on the record as a whole. See Cunningham v. Apfel , 222 F.3d 496, 500 (8th Cir. 2000). In particular, the ALJ gave appropriate weight to Romine’s subjective complaints, made explicit findings regarding his residual functional capacity, considered his impairments in combination, and fully developed the record. Accordingly, the judgment is affirmed.

______________________________
##### 



UNITED STATES SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549-0001
 
 FORM 10-Q/A
 (Amendment No. 1)
  þ
    
    QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934For the three months ended June 30, 2005
 OR
 o
    
    TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934
 Commission File Number 000-23699
 
 VISUAL NETWORKS, INC.
  Delaware
(State or other jurisdiction of
incorporation or organization)
    
    52-1837515
(I.R.S. Employer Identification No.)
 2092 Gaither Road, Rockville, MD
(Address of principal executive offices)
    
    20850-4013
(Zip code)
  
 þ o
 þ o




---



##### 



Explanatory Note




---



##### 



PART I. FINANCIAL INFORMATIONItem 4. Controls and Procedures
    
    
    1PART II. OTHER INFORMATIONItem 6. Exhibits
    
    
    1Signatures
    
    
    2




---



##### 



PART I  FINANCIAL INFORMATION


Item 4. Controls and Procedures






PART II  OTHER INFORMATION


Item 6. Exhibits


Exhibit Number
    
    Description4.1*
    
    Revolving Promissory Note of Visual Networks, Inc.
and subsidiaries, dated June 17, 2005.10.1
    
    Loan and Security Agreement, dated June 17, 2005, by
and among Visual Networks, Inc. and subsidiaries and
Silicon Valley Bank.10.2*
    
    Amendment to Employment Agreement, dated April 21,
2005, by and between Visual Networks Operations, Inc.
and Lawrence S. Barker.31.1
    
    Certification of Chief Executive Officer Pursuant to
Rule 13a-14(a) under the Securities Exchange Act of
1934 as Adopted Pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002.31.2
    
    Certification of Chief Financial Officer Pursuant to
Rule 13a-14(a) under the Securities Exchange Act of
1934 as Adopted Pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002.32.1$
    
    Certification of Chief Executive Officer Pursuant to
18 U.S.C. Section 1350 as Adopted Pursuant to Section
906 of the Sarbanes-Oxley Act of 2002.32.2$
    
    Certification of Chief Financial Officer Pursuant to
18 U.S.C. Section 1350 as Adopted Pursuant to Section
906 of the Sarbanes-Oxley Act of 2002.


*
    
    Incorporated herein by reference to the Companys Quarterly Report on Form 10-Q for the
three months ended June 30, 2005.
    
    Confidential treatment requested for certain portions of this Exhibit pursuant to Rule 24b-2
of the Securities Exchange Act of 1934, as amended, which portions are omitted and filed
separately with the Securities and Exchange Commission.$
    
    Previously furnished as an exhibit to the Company's Quarterly
Report on Form 10-Q for the three months ended June 30, 2005. 1




---



##### 



VISUAL NETWORKS, INC.By:
    /s/ Lawrence S. BarkerLawrence S. BarkerPresident and Chief Executive
Officer  By:
    /s/ Donald E. ClarkeDonald E. ClarkeExecutive Vice President and Chief
Financial Officer  2
1 – ORDER 

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

CESAR CARDENAS PULIDO, No. 3:15-cv-01992-AC

Plaintiff, OPINION & ORDER

v.

WALTER MONK, JOHN DOES 1 – 10,

and UNITED STATES OF AMERICA, 

Defendants. 

HERNÁNDEZ, District Judge:

Magistrate Judge John Acosta issued his Findings & Recommendation (“F&R”) [77] on 

November 17, 2017, recommending that Defendants’ motions to dismiss Plaintiff’s Complaint 

with prejudice be granted. Plaintiff has timely filed objections [83] to the F&R. The matter is 

now before the Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 

72(b). 
2 – ORDER 

When a party objects to any portion of the Magistrate Judge’s F&R, the district court 

must make a de novo determination of that portion of the Magistrate Judge’s report. 28 U.S.C. 

§ 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. ReynaTapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).

The Court has carefully considered the objections and concludes there is no basis to 

modify the F&R. The Court has also reviewed the pertinent portions of the record de novo and 

find no errors in the Magistrate Judge’s F&R.

CONCLUSION

The Court ADOPTS Magistrate Judge Acosta’s F&R [77], and therefore, Defendants’ 

motions to dismiss [59], [60] are GRANTED and this case is dismissed with prejudice.

IT IS SO ORDERED.

DATED this _______ day of ____________________, 2018. 

 

MARCO A. HERNÁNDEZ

United States District Judge
Exhibit 32.1

WRITTEN STATEMENT OF THE CHIEF EXECUTIVE OFFICER

Pursuant to 18 U.S.C. § 1350

Solely for the purpose of complying with 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, the
undersigned President and Chief Executive Officer of Nicholas Financial, Inc. (the Company), hereby certify, based on my knowledge, that the Quarterly Report on Form 10-Q of the Company for the three months ended June 30, 2006 (the
Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.



|                                     
|-------------------------------------
|/s/ Peter L Vosotas                  
|Peter L. Vosotas                     
|President and Chief Executive Officer

Dated: August 14, 2006
#### Apollinaris Co., Limited, *v.*Venable *et al.*

*(Supreme Court, General Term, First Department.*

June 6, 1890.)

Deposition—Op Witness without the State.

Under Code Civil Proe. If. Y. § 887, which permits the testimony of material witnesses “not within the state’’ to be taken by commission, it is not sufficient to aver in the application that material witnesses are residents of a foreign country, but there must be a distinct allegation that they are not then within the state.

Appeal from special term, New York county.

Action by the Apollinaris Company, Limited, against George W. Venable and Moses Heyman for an infringement of a trade-mark. Defendants moved for a commission to examine witnesses residing at Cologne, Germany. From an order granting the motion, plaintiffs appeal.

Argued before Van Brunt, *P.*J., and Brady and Daniels, JJ.

*Henry Melville,*for appellant. *I. Albert Englehardt, (John E. Parsons,*of counsel,) for respondents.

Brady, J.

The power to issue a commission conferred by sections 887 and 889 of the Code of Civil Procedure exists where it appears by affidavit, on the application of either party, that the testimony óf a witness not within this state is material to the applicant. The commission applied for herein was based upon an allegation that certain witnesses named, and who were material, were residents of Prussia, but there was no allegation that they were not at the time of the application within this state; and the affidavit did not, therefore, comply with the requirements of the provisions of the Code, and was insufficient. This result was declared by the general term of the superior court in the action of *Wallace*v. *Blake,*and reported in 4 N. Y. Supp. 438. A commission to examine witnesses living abroad, who are material, is founded upon necessity, which would not exist if the witness, though residing abroad, were within this state. His examination could then be taken *viva voce,*and the adverse party secured the valuable privilege of such a cross-examination. This view doubtless influenced the adoption of the provision of the statute requiring proof that the non-resident witness was not at the time of the application within this state. It might well be that the witness, though resident abroad, was within this state, either sojourning or upon business; and, if so, he should be examined *de bene esse,*according to the provisions of the Code relating to that procedure.

For these reasons the objection taken to the infirmity of the affidavit thus discussed was a good one, and the motion should have been denied for that reason. The result of this appeal must be, therefore, a reversal of the order, with $10 costs and disbursements, and without prej udi ce to another application for a commission, if the defendants think it necessary. Ho doubt is entertained of the right of the defendants to examine witnesses for the purpose of proving what it is alleged can be substantiated by the affidavits submitted herein. Ordered accordingly. All concur.
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 on Form 10-K (the "Report") of ARC
Wireless Solutions, Inc. (the "Company") for the year ended December 31, 2003,
each of the undersigned Randall P. Marx, the Chief Executive Officer of the
Company, and Monty R. Lamirato, the Chief Financial Officer of the Company,
hereby certifies 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 the
undersigneds' knowledge and belief:

     (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.



Dated:  March 29, 2004                      /s/ Randall P. Marx
                                            -----------------------------------
                                            Randall P. Marx
                                            Chief Executive Officer


Dated:  March 29, 2004                      /s/ Monty R. Lamirato
                                            -----------------------------------
                                            Monty R. Lamirato
                                            Chief Financial Officer
I 

114TH CONGRESS 

1ST SESSION H. R. 1689 

To prohibit the provision of certain foreign assistance to countries receiving 

certain detainees transferred from United States Naval Station, Guantanamo Bay, Cuba. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2015 

Mr. DESANTIS (for himself, Mr. MEADOWS, Mr. CLAWSON of Florida, Mr. 

SALMON, and Mr. PERRY) introduced the following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To prohibit the provision of certain foreign assistance to 

countries receiving certain detainees transferred from 

United States Naval Station, Guantanamo Bay, Cuba. 

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


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 1689 IH

1 SECTION 1. PROHIBITION ON CERTAIN FOREIGN ASSIST2 ANCE FOR COUNTRIES RECEIVING CERTAIN 

3 DETAINEES TRANSFERRED FROM UNITED 

4 STATES NAVAL STATION, GUANTANAMO BAY, 

5 CUBA. 

6 (a) PROHIBITION.—Notwithstanding any other provi7 sion of law, assistance may not be provided under any Act 

8 specified in subsection (b) to a foreign country if— 

9 (1) the country received an individual who was 

10 released or transferred from United States Naval 

11 Station, Guantanamo Bay, Cuba, on or after Feb12 ruary 1, 2015; and 

13 (2) after the date of such release or transfer, 

14 the individual is included in a report under section 

15 319 of the Supplemental Appropriations Act, 2009 

16 (Public Law 111–32; 123 Stat. 1874; 10 U.S.C. 801 

17 note) as described by subsection (c)(4) of that sec18 tion. 

19 (b) COVERED ACTS.—The Acts specified in this sub20 section are the following: 

21 (1) The Foreign Assistance Act of 1961 (22 

22 U.S.C. 2151 et seq.). 

23 (2) The Arms Export Control Act (22 U.S.C. 

24 2751 et seq.). 

25 (c) COMMENCEMENT OF APPLICABILITY OF PROHIBI26 TION.—The prohibition in subsection (a) shall commence 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 1689 IH

1 applying to a foreign country on the date of the first re2 port described in subsection (a)(2) that includes any indi3 vidual described in subsection (a)(1) who was received by 

4 the country on or after February 1, 2015. 

5 (d) DURATION OF APPLICABILITY OF PROHIBI6 TION.—The prohibition in subsection (a) shall cease with 

7 respect to a foreign country on the date that is five years 

8 after the date of the commencement of the applicability 

9 of the prohibition to the country under subsection (c). 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

2009-3127

KELLY S. JENNINGS,

Petitioner,

v.

SOCIAL SECURITY ADMINISTRATION,

Respondent.

Petition for review of the Merit Systems Protection Board

in CB7521070026-T-1.

ON MOTION

ORDER

Kelly S. Jennings moves for an extension of time, until July 15, 2009, to file his

brief.

Upon consideration thereof,

IT IS ORDERED THAT:

The motion is granted.

FOR THE COURT

JUN 23 2009

Date

/s/ Jan Horbaly

Jan Horbaly

Clerk

cc:	Kelly S. Jennings

Austin M. Fulk, Esq.

s17

JUN 23 2009

JAN HORIMLY

CLERK
##### 



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 Caraustar Industries, Inc.
(the Company) on Form 10-K/A for the period ending
December 31, 2001 as submitted
for filing with the Securities and Exchange Commission on the date hereof (the
Report), I, Ronald J. Domanico, Vice President and Chief 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, 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 result of
operations of the Company.

|                    |  |                                                              
|------------------- |  | -------------------------------------------------------------
|Date March 28, 2003 |  |                                                              
|                    |  |                                                              
|                    |  | /s/ Ronald J. Domanico                                       
|                    |  |                                                              
|                    |  | Ronald J. Domanico
Vice President and Chief Financial
Officer

A signed original of this
written statement required by Section 906 has been provided to
Caraustar Industries, Inc. and will be retained by Caraustar
Industries, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANDRES AMADOR RAMIREZ

CALDERON, AKA Andres Ramirez,

Petitioner,

v.

WILLIAM P. BARR, Attorney General,

Respondent. No. 18

- 73303

Agency No. A214

- 375

- 026

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted October 15, 2019 **

Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.

Andres Amador Ramirez Calderon, a native and citizen of Mexico, petitions

for review of the Board of Immigration Appeals’ (“BIA”) order denying his

motion to remand. We have jurisdiction under 8 U.S.C. § 1252. We review for

abuse of discretion the BIA’s denial of a motion to remand. Romero

- Ruiz v.

* 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

OCT 22 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 18

- 73303

Mukasey

, 538 F.3d 1057, 1062 (9th Cir. 2008)

. We deny the petition for review.

The BIA did not abuse its discretion in denying Ramirez Calderon’s motion

to remand for failure to show prima facie eligibility fo r cancellation of removal,

where he did not provide any evidence of exceptional and extremely unusual

hardship to his wife. See Lopez

- Vasquez v. Holder , 706 F.3d 1072, 1080 (9th Cir.

2013) (BIA may deny the motion for failure to demonstrate prima facie el igibility

for the underlying relief); 8 U.S.C. § 1229b(b)(1)(D) (requiring a showing of

exceptional and extremely unusual hardship to a qualifying relative for

cancellation of removal)

.

PETITION FOR REVIEW DENIED.