alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Viorel ROTAR, Plaintiff—Appellant, v. Colette SKAGGS, Placer County Deputy District Attorney; et al., Defendants—Appellees.

No. 09-17457.

United States Court of Appeals, Ninth Circuit.

Submitted March 8, 2011.*

Filed March 25, 2011.

Viorel Rotar, Carmichael, CA, pro se.

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

*

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

MEMORANDUM **

Viorel Rotar appeals pro se from the district court’s judgment dismissing under 28 U.S.C. § 1915(e)(2) his 42 U.S.C. § 1983 action alleging that he was falsely charged with and prosecuted for elder abuse. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, *Barren v. Harrington,*152 F.3d 1193, 1194 (9th Cir.1998) (order), and we affirm.

The district court properly dismissed Rotar’s claims against eight state and federal judges based on judicial immunity because the judges were not acting in the “clear absence” of jurisdiction. *Sadoski v. Mosley,*435 F.3d 1076, 1079 (9th Cir.2006) (quoting *Stump v. Sparkman,*435 U.S. 349, 356-57, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978)).

The district court properly dismissed Rotar’s claims against the deputy district attorney based on prosecutorial immunity. *See Imbler v. Pachtman,*424 U.S. 409, 431, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (holding that prosecutors are entitled to absolute immunity under § 1983 for “initiating a prosecution and in presenting the State’s case”).

The district court properly dismissed Rotar’s claims against the private defendants because Rotar failed to allege that they acted under color of state law. *See Simmons v. Sacramento Cnty. Superior Court,*318 F.3d 1156, 1161 (9th Cir.2003) (affirming dismissal of civil rights claim against private defendant where there were only conclusory allegations of conspiracy with government officials).

The district court properly dismissed Rotar’s allegations against the remaining defendants as too vague and conclusory to state a civil rights claim. *See Ivey v. Bd. of Regents of the Univ. of Alaska,*673 F.2d 266, 268 (9th Cir.1982).

Rotar’s remaining contentions are unpersuasive.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-92,101-01

EX PARTE VICTOR MANUEL ALAS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1467825-A IN THE 338TH DISTRICT COURT

FROM HARRIS COUNTY 

Per curiam.

O R D E R

Applicant was convicted of capital murder and sentenced to life without parole. The First

Court of Appeals affirmed his conviction but reformed the sentence to life with the possibility of

parole. Alas v. State, No. 01-15-00569-CR (Tex. App.—Houston[1st] July 28, 2016). Applicant

filed this application for a writ of habeas corpus in the county of conviction, and the district clerk

forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07. 

On August 23, 2019, the State filed a proposed order designating issues. The district clerk

properly forwarded this application to this Court under Texas Rule of Appellate Procedure

73.4(b)(5). However, it appears that the application was forwarded before the trial court completed

the proceedings and made findings of fact and conclusions of law. We remand this application to
the trial court to complete its evidentiary investigation and make findings of fact and conclusions of

law.

The trial court shall make findings of fact and conclusions of law within ninety days from

the date of this order. The district clerk shall then immediately forward to this Court the trial court’s

findings and conclusions and the record developed on remand, including, among other things,

affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from

hearings and depositions. See TEX.R.APP.P. 73.4(b)(4). Any extensions of time must be requested

by the trial court and obtained from this Court. 

Filed: February 3, 2021

Do not publish
<PAGE>

EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ENACTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of MBT Financial Corp. (the "Company") on
Form 10-K for the period ending December 31, 2007 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, John L. Skibski,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section
1350, as enacted 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; 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/ John L. Skibski
-------------------------------------
John L. Skibski
Chief Financial Officer
March 12, 2008


                                       69
Amendment 

Pollution Removal Funding Authorization 

Amended maximum limit of authorization: $________________ 

Reimbursement Procedure 

Upon completion of removal activities, the Recipient Agency will include this document with the 

original Pollution Removal Funding Authorization and complete all requirements agreed to in the 

original document.

Authorizing Official 

Federal On-Scene Coordinator 

Signature: ________________________________________ Date: ______________________ 

Issued to (Recipient Agency): 

Federal Project Number/ CERCLA Project Number: ____________________ 

Award Number: _______________________________ 

Date of Original Authorization: ____________________ 

Amendment Number: ______ 

The Authorization cited above is amended as follows: 

Address:

By (FOSC):

Rev. 03/22
<TABLE> <S> <C>

<ARTICLE> 5
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   3-MOS
<FISCAL-YEAR-END>                          JAN-31-1999             JAN-31-1998
<PERIOD-START>                              FEB-1-1998              FEB-1-1997
<PERIOD-END>                               APR-30-1998             APR-30-1997
<EXCHANGE-RATE>                                      1                       1
<CASH>                                          41,835                  74,735
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  117,391                  78,631
<ALLOWANCES>                                  (54,191)                (29,993)
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                               130,158                 144,424
<PP&E>                                          59,123                  47,352
<DEPRECIATION>                                (13,634)                 (9,484)
<TOTAL-ASSETS>                                 406,131                 324,047
<CURRENT-LIABILITIES>                           39,764                  32,523
<BONDS>                                        100,000                 100,000
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           331                     279
<OTHER-SE>                                     241,459                 155,035
<TOTAL-LIABILITY-AND-EQUITY>                   406,131                 324,047
<SALES>                                        101,347                  75,867
<TOTAL-REVENUES>                               101,347                  75,867
<CGS>                                                0                       0
<TOTAL-COSTS>                                        0                       0
<OTHER-EXPENSES>                                89,907                  68,600
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               1,839                     784
<INCOME-PRETAX>                                  9,601                   6,483
<INCOME-TAX>                                     3,148                   2,245
<INCOME-CONTINUING>                              6,453                   4,238
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     6,453                   4,238
<EPS-PRIMARY>                                     0.20                    0.15
<EPS-DILUTED>                                     0.20                    0.15
        

</TABLE>
<PAGE>

                                                                   EXHIBIT 10.45
                                 William Merker


Paul Provost, Director
Standard Automotive Corporation


                                               July 31, 2001

Dear Paul,

           Reference is hereby made to certain resolutions of the Board of
Directors of Standard Automotive Corp. ("Standard") dated May 16, 2001 which
recite the terms and conditions of a settlement (the "Settlement') by and
between William Merker and Standard. Pursuant to the Settlement, 200,000 shares
of Standard common stock are to be valued by an appraisal company. Standard has
requested that William Merker pay the fees of the appraisal company. The parties
hereto agree that William Merker will pay for the appraisal, however, in the
event that following the appraisal William Merker is required to execute a
promissory note pursuant to the terms of the Settlement, then, the amount of the
promissory note will be reduced by an amount equal to which William Merker paid
to the appraisal company.

                                    Very truly yours,

                                    /s/ WILLIAM MERKER

                                    William Merker

Accepted and Agreed to:


Standard Automotive Corporation


By: /s/ PAUL PROVOST
   -----------------------------
    Paul Provost, Director
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

IVAN T. HOLLOWAY, SR.,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 889 MAL 2016

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 12th day of June, 2017

, the Petition for Allowance of Appeal is

DENIED

.
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 Northwest Pipe Company (the Company)
on Form 10-Q/A for the period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robin Gantt, Vice President, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. § 1350, as adopted pursuant to § 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; 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/ ROBIN GANTT                        
|Robin Gantt                            
|Vice President, Chief Financial Officer
|April 27, 2012
#### The People of the State of New York, Respondent, v Richard Lopez, Appellant.

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (O’Brien, J.), rendered May 23, 1984, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Inasmuch as the defendant failed to object to the trial court’s charge or to request further instructions, the claimed errors were not preserved for appellate review as a matter of law *(see, People v Thomas,*50 NY2d 467, 473-474). Furthermore, the defendant’s sentence was neither harsh nor excessive. Mangano, J. P., Niehoff, Kooper and Spatt, JJ., concur.
EGL, INC.







Exhibit 32



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 on Form 10-Q of EGL, Inc. (the Company) for the quarterly period ended September 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, that:

(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:  November 9, 2005

By:

/s/ James R. Crane

_____________________

James R. Crane

Chief Executive Officer

Date:  November 9, 2005

By:

/s/ Elijio V. Serrano

_____________________

Elijio V. Serrano

Chief Financial Officer

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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED FINANCIAL STATEMENTS OF EGL, INC. FOR THE THREE MONTHS
ENDED DECEMBER 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS INCLUDED IN FORM 10-Q.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          38,338
<SECURITIES>                                     5,894
<RECEIVABLES>                                  131,854
<ALLOWANCES>                                     2,337
<INVENTORY>                                          0
<CURRENT-ASSETS>                               181,997
<PP&E>                                          45,167
<DEPRECIATION>                                  14,724
<TOTAL-ASSETS>                                 226,215
<CURRENT-LIABILITIES>                           62,192
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            30
<OTHER-SE>                                     160,450
<TOTAL-LIABILITY-AND-EQUITY>                   226,215
<SALES>                                        187,365
<TOTAL-REVENUES>                               187,365
<CGS>                                                0
<TOTAL-COSTS>                                  109,195
<OTHER-EXPENSES>                                62,497
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 16,328
<INCOME-TAX>                                     6,368
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,960
<EPS-BASIC>                                       0.35
<EPS-DILUTED>                                     0.33


</TABLE>
<PAGE>


                                                                    Exhibit 99.1

                            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 Quarterly Report of Chinawe.com Inc. (the
"Company") on Form 10-QSB for the period ending September 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I, Man
Keung Wai, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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; and

        (2)   The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.

/s/ Man Keung Wai
Chief Executive Officer
November 19, 2002
Exhibit 31.1



                                  Exhibit 31.1

                                  CERTIFICATION


I, Theodore E. Charles, certify that:

1.   I have  reviewed  this report on Form 10-Q of Investors  Capital  Holdings,
     Ltd.;

2.   Based on my  knowledge,  this  annual  report  does not  contain any untrue
     statement of a material fact or omit to state a material fact  necessary to
     make the statements  made, in light of the  circumstances  under which such
     statements  were made, not misleading with respect to the period covered by
     this annual report;

3.   Based on my  knowledge,  the  financial  statements,  and  other  financial
     information included in this annual report,  fairly present in all material
     respects the financial  condition,  results of operations and cash flows of
     the registrant as of, and for, the periods presented in this report;

4.   The  registrant's  other  certifying  officer(s) and I are  responsible for
     establishing and maintaining disclosure controls and procedures (as defined
     in Exchange Act Rules 13a-15(e) and 15d-15(e) for the registrant and have:

     a)  Designed  such  disclosure  controls  and  procedures,  or caused  such
         disclosure   controls  and   procedures   to  be  designed   under  our
         supervision,  to  ensure  that  material  information  relating  to the
         registrant,  including its consolidated subsidiaries,  is made known to
         us by others within those entities,  particularly  during the period in
         which this annual report is being prepared; and

     b)  Evaluated the effectiveness of the registrant's disclosure controls and
         procedures  and  presented  in this  report our  conclusions  about the
         effectiveness of the disclosure controls and procedures,  as of the end
         of the period covered by this report based on such evaluation.


Date: August 12, 2005

/s/ Theodore  E. Charles

Theodore E. Charles, Chairman, President,
Chief Executive Officer and Director
(principal executive officer)
Listen

# Commission Business Meetings

The Commission meets monthly to conduct agency business on civil rights matters. Pursuant to the Sunshine Act, meetings of official business of the U.S. Commission on Civil Rights are open to the public, apart from executive sessions, which may be closed pursuant to the exemptions of the Sunshine Act.

People with disabilities are always encouraged to attend Commission meetings. Those who plan to attend a meeting and require accommodations should notify USCCR via email to access@usccr.gov, as soon as possible to allow time to make arrangements.

Hearing-impaired persons who wish to attend a meeting and require the services of a sign language interpreter should contact Pamela Dunston at (202) 376-8105 or at signlanguage@usccr.gov at least seven business days before the scheduled date of the meeting.

If you require additional information on any commission meeting please contact:

Angelia RorisonDirector of Media and Communications(202) 376-8371

View Commission business meeting dates for 2024 as passed by majority vote of USCCR Commissioners.

Commission Business Meeting
Event Date: February 23, 2024

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Event Date: January 19, 2024

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Event Date: October 20, 2023

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Event Date: September 22, 2023

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Exhibit 10
 JOINDER AGREEMENT




---



##### 



IN WITNESS WHEREOF
 MORGAN STANLEY SMITH BARNEY LLCBy:
    /s/ Janice FetschName:
    Janice FetschTitle:
    Authorized SignatoryCITIGROUP GLOBAL MARKETS INC.By:
    /s/ Laurie A. HessleinName:
    Laurie A. HessleinTitle:
    Managing DirectorCITIGROUP MANAGED FUTURES LLCBy:
    /s/ Jerry PascucciName:
    Jerry PascucciTitle:
    PresidentEACH OF THE FUNDS LISTED ON EXHIBIT A HERETOBy:
    Citigroup Managed Futures LLC, the general
partner or trading manager of each FundBy:
    /s/ Jerry PascucciName:
    Jerry PascucciTitle:
    President
<PAGE>

                                   EXHIBIT 32

        CERTIFICATION PURSUANT TO RULE 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 Capital Growth Systems, Inc.
(the "Company") on Form 10-KSB for the year ended December 31, 2003, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Scott Allen, acting in the capacity as the Chief Executive Officer and Chief
Financial Officer of the Company, certify to the best of my knowledge, pursuant
to l8 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; 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: May 5, 2004

                                        By: /s/ Scott Allen
                                            ------------------------------------
                                            Name: Scott Allen
                                            Title:Chief Executive Officer and
                                                  Chief Financial Officer

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 foregoing certification is being furnished to the Securities and Exchange
Commission pursuant to 18 U.S.C. Section 1350 as an exhibit to the Report and is
not being filed as part of the Report or as a separate disclosure document.