alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

E. S., by and through her parents, R.S. and

J.S., on her own behalf, and on behalf of all

similarly situated individuals; JODI

STERNOFF, on her own behalf, and on

behalf of all similarly situated individuals,

Plaintiffs

- Appellants,

v.

REG ENCE BLUESHIELD; CAMBIA

HEALTH SOLUTIONS, INC, FKA The

Regence Group,

Defendants

- Appellees. No. 18

- 35892

D.C. No. 2:17

- cv

- 01609

- RAJ

MEMORANDUM *

Appeal from the United States District Court

for the Western District of Washington

Richard A. Jones, District Judge, Presiding

Argued and Submitted November 8, 2019

Seattle, Washington

Before: GOULD and NGUYEN, Circuit Judges, and PRESNELL, * * District

Judge.

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The Honorable Gregory A. Presnell, United States District Judge for

the Middle District of Florida, sitting by designation. 

# FILED

JUL 14 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2

Plaintiffs appeal from the district court’s judgment dismissing for failure to

state a claim their complaint alleging health care discrimination under the

Affordable Care Act

, 42 U.S.C. § 18116 . We have jurisdiction pursuant to 28

U.S.C. § 1291. Pursuant to our concurrently filed opinion in Schmitt v. Kaiser

Foundati on Health Plan of Washington , No. 18

- 35846 , we affirm the dismissal of

the complaint, reverse the district court’s decision not to allow amendment

, and

remand with instructions to grant plaintiffs leave to amend

.

AFFIRMED in part, REVERSED in part, and REMANDED.
**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 of China Natural Gas, Inc. (the "Company")
      on
      Form 10-KSB for the period ending December 31, 2005 as filed with the Securities
      and Exchange Commission on the date hereof (the "Report"), I, Minqing Lu, Chief
      Executive Officer of the Company, certify, pursuant to 18 U.S.C. 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 and 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:
                November 1, 2007
              By:
              /s/ Qinan
                JiQinan
                JiChief
                  Executive Officer
Exhibit
      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





In
      connection with the Annual Report of Friendly Energy Corporation(the "Company")
      on Form 10-KSB for the period ending December 31, 2006 as filed with the
      Securities and Exchange Commission on the date hereof (the
      "Report"),





I,
      Donald
      Trapp, 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:





(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.





IN
      WITNESS WHEREOF, the undersigned has executed this certification as of the
      14th
      day of April 2008.





/s/
                Donald TrappDonald
                Trapp, Director
EXHIBIT 32.2








CERTIFICATION PURSUANT TO


18 U.S.C. 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002








In connection with the Annual Report of nFinanSe Inc. (the “Company”) on Form 10-K for the period ended January 1, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Raymond P. Springer, in my capacity as Chief Financial Officer of the Company, certify, to the best of my knowledge, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





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








/s/ Raymond P. SpringerDate:  March 31, 2011
Raymond P. Springer

Secretary and Chief Financial Officer
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 95-7791 HAYWOOD WILLIAMS, JR., Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior District Judge. (CR-80-14-N, CA-95-957-2) Submitted: February 7, 1996 Decided: February 29, 1996 Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

_________________________________________________________________ Affirmed by unpublished per curiam opinion.

_________________________________________________________________ COUNSEL Haywood Williams, Jr., Appellant Pro Se. Janet S. Reincke, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

_________________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).OPINION PER CURIAM: Haywood Williams, Jr., appeals from district court orders denying his 28 U.S.C. § 2255 (1988) motion and denying reconsideration thereof. We affirm. Regarding the substance of the § 2255 motion, Williams's claim that his convictions under 21 U.S.C.A. §§ 846, 848 (West 1981 & Supp. 1995) violate the Double Jeopardy Clause is frivolous. This court vacated his § 846 conviction in a prior decision and properly left the § 848 conviction undisturbed. United States v. Williams , No. 88- 7400, 1991 WL 107588 at **1 (4th Cir. June 21, 1991) (as amended July 15, 1991), cert. denied , 502 U.S. 949 (1991); see also United States v. Johnson , 54 F.3d 1150, 1163 (4th Cir.) (only lesser-included offense should be v acated), cert. denied , 64 U.S.L.W. 3248 (U.S. 1995). Williams's second claim, that the § 848 conviction cannot stand because the § 846 violation served as a predicate offense is also meritless. The § 846 violation may serve as a predicate offense. United States v. Heater , 63 F.3d 311, 318 (4th Cir. 1995), cert. denied , 64 U.S.L.W. 3485 (U.S. 1996). Regarding the motion for reconsideration, Williams contended that the district court misconstrued the motion as one under § 2255 ratherthan one under Fed. R. Crim. P. 35. The district court properly construed Williams's Fed. R. Crim. P. 35 motion as one under § 2255 because the only cognizable Rule 35 claim was frivolous and the other claim was properly considered only under § 2255. United States v. Pavlico , 961 F.2d 440, 443 (4th Cir.), cert. denied , 506 U.S. 848 (1992). Williams's other allegations in his motion for reconsideration regarded claims not raised in the § 2255 motion and were, therefore,inappropriate on motion for reconsideration. See Collison v. International Chem. Workers Union, Local 217 , 34 F.3d 233, 236 (4th Cir. 1994). Therefore, we affirm the district court orders denying Williams's § 2255 motion and denying reconsideration of that order. We dis-
2pense 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 3
Petition for Writ of Mandamus Denied and Memorandum Opinion filed Se p te mber

2 7 , 2012.

In The



## Fourteenth Court of Appeals

NO. 14
- 12
- 00829
- CR

IN RE BRADLEY BARTON , Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS On Appeal from the 176th District Court

Har ris County , Texas Trial Court Cause No. 1206429
- B 

### M E M O R A N D U M O P I N I O N On September 10, 2012 , relator Bradley Barton , an inmate confined in the Institutional Division of the Texas Department of Criminal Justice, filed a petition for writ of mandamus in this c ourt. See Tex. Gov’t Code §22.221; see also Tex. R. App. P. 52. In the petition, relator complains that the respondent, the Honorable Shawna L. Reag i n , presiding judge of the 176th District Court of Harris C ounty , has not ruled on his motion to recuse he r that he filed in connection with his post

- conviction application for writ of habeas corpus. See Barton v. State, No. 14

- 10

- 01119

- CR, 2011 WL 5846300 (Tex. App.

— Houston [14th Dist.] Nov. 22, 2011, no pet.) (not designated for2

publication) (affirming relat or’s murder conviction). Relator asks that we compel the respondent to either recuse herself or refer the motion to recuse to the presiding judge of the local administrative district

. We deny the petition.
To be entitled to mandamus relief in a criminal c ase, a relator must show that he has no adequate remedy at law to redress his alleged harm, and that what he seeks to compel is a ministerial act, not involving a discretionary or judicial decision. State ex rel. Young v. Sixth Judicial Dist. Court of App eals at Texarkana , 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding). Consideration of a motion that is properly filed and before the court is a ministerial act. State ex rel. Curry v. Gray , 726 S.W.2d 125, 128 (Tex. Crim. App. 1987) (orig. p roceeding). A relator must establish the trial court (1) had a legal duty to rule on the motion; (2) was asked to rule on the motion; and (3) failed to do so. In re Keeter , 134 S.W.3d 250, 252 (Tex. App.

— Waco 2003, orig. proceeding); In re Villarreal , 96 S.W.3d 708, 710 (Tex. App.

— Amarillo 2003, orig. proceeding) (relator must show that trial court received, was aware of, and was asked to rule on motion).
Relator has not established that the motion to recuse the respondent was properly filed and that th e trial court was asked to rule on it but failed to do so. It is relator’s burden to provide this court with a record sufficient to establish his right to relief. Walker v. Packer , 827 S.W.2d 833, 837 (Tex. 1992); Tex. R. App. P. 52.3(k), 52.7(a).
Acco rdingly, we deny relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Brown and Busby

. Do Not Publish

— Tex. R. App. P. 47.2(b).
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

MISC. NO. 04-16

IN RE: RECALL OF RETIRED JUDGE

O R D E R

Pursuant to 38 U.S.C. § 7257(b)(1), eligible retired judges of the Court may be recalled by

the Chief Judge when further service is needed by the Court. Retired Judge Kenneth B. Kramer,

having complied with 38 U.S.C. § 7257, is designated a recall-eligible retired judge. The Chief

Judge of the Court has determined that, if recalled, Judge Kramer would provide substantial service

necessary to meet the needs of the Court. 

Upon consideration of the foregoing, it is

ORDERED that, effective February 9, 2016, Judge Kenneth B. Kramer is recalled from

retired status in accordance with 38 U.S.C. § 7257(b)(1). When in service, Judge Kramer shall have

and exercise all of the judicial powers and duties of the office of a Judge in active service. Judge

Kramer shall perform substantial service for the Court in this calendar year as requested by the Chief

Judge. He shall serve for a period of time not to exceed 90 days or its equivalent, or for less time

should the Chief Judge determine that his service is no longer needed. Only with his consent may

Judge Kramer's service be extended this calendar year. 

DATED: February 9, 2016 BY THE COURT:

/s/ Lawrence B. Hagel

LAWRENCE B. HAGEL

Chief Judge
**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 annual report of China Natural Gas, Inc. (the "Company")
      on
      Form 10-KSB for the period ending December 31, 2005 as filed with the Securities
      and Exchange Commission on the date hereof (the "Report"), I, Xiaogang Zhu,
      Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 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 and 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:
                November 1, 2007
              By:
              /s/ Xiaogang
                ZhuXiaogang
                ZhuChief
                  Financial Officer
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6027 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6027

     To amend title 18, United States Code, to protect youth from 
   exploitation by adults using the Internet, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2010

 Mr. Edwards of Texas (for himself, Mr. Smith of Texas, Mr. Daniel E. 
  Lungren of California, and Mr. Rodriguez) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
     To amend title 18, United States Code, to protect youth from 
   exploitation by adults using the Internet, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Our Children Act of 2010''.

SEC. 2. RETENTION OF CERTAIN RECORDS AND INFORMATION THAT MAY BE USEFUL 
              TO LAW ENFORCEMENT RELATING TO CHILD EXPLOITATION BY 
              ELECTRONIC COMMUNICATION SERVICE PROVIDERS FOR DISCLOSURE 
              PURSUANT TO WARRANT, SUBPOENA, OR COURT ORDER.

    Section 2703 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(h) Retention of Certain Records and Information That May Be 
Useful to Law Enforcement Relating to Child Sexual Exploitation by 
Electronic Communication Service Providers for Disclosure Pursuant to 
Warrant, Subpoena, or Court Order.--A provider of an electronic 
communication service or remote computing service shall retain for a 
period of at least two years all records or other information 
pertaining to the identity of a user of a temporarily assigned network 
address the service assigns to that user. Any record or information 
retained under this subsection may be disclosed to law enforcement 
pursuant to warrant, subpoena, or court order under subsection (c) but 
only for use in connection with an investigation of child sexual 
expoitation.''.
                                 <all>
```
[Federal Register Volume 65, Number 77 (Thursday, April 20, 2000)]
[Notices]
[Page 21172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9862]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Air Force


Notice of Intent to Grant an Exclusive Patent License

    Pursuant to the provisions of Part 404 of Title 37, Code of Federal 
Regulations, which implements Public Law 96-517, the Department of the 
Air Force announces its intention to grant SMJ Carbon Technology, a 
company doing business in Nashua, New Hampshire (NH) an exclusive 
license in any right, title and interest the Air Force has in U.S. 
Patent Application entitled ``CARBON AND CERMAIC MATRIX COMPOSITES 
FABRICATED BY A RAPID AND LOW-COST PROCESS INCORPORATING IN-SITU 
POLYMERIZATION OF WETTING MONOMERS.'' The inventors, Phillip G. Wapner, 
Wesley P. Hoffman and Steven Jones were all government employees at the 
time of the invention. The invention was filed in the U.S. Patent and 
Trade Office on June 8, 1998.
    The license described above will be granted unless an objection 
thereto, together with a request for an opportunity to be heard, if 
desired, is received in writing by the addressee set forth below within 
60 days from the date of publication of this Notice. Information 
concerning the application may be obtained, on request, from the same 
addressee.
    All communications concerning this Notice should be sent to Mr. 
Randy Heald, Associate General Counsel (Acquisition), SAF/GCQ, 1500 
Wilson Blvd., Suite 304, Arlington, VA 22209-2310. Mr. Heald can be 
reached at 703-588-5091 or by fax at 703-588-8037.

Janet A. Long,
Air Force Federal Register Liaison Officer.
[FR Doc. 00-9862 Filed 4-19-00; 8:45 am]
BILLING CODE 5001-05-P
**Exhibit
        32.2**
 **STATEMENT
        PURSUANT TO**
 **18
        U.S.C. SECTION 1350,**
 **AS
        ADOPTED PURSUANT TO SECTION 906**
 **OF
        THE SARBANES-OXLEY ACT OF 2002**
 
 I,
        Eric
        Young, Chief Financial Officer of Winsonic Digital Media Group, Ltd. (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:
 
 (a)
        The
        Annual Report on Form 10-KSB/A Amendment No. 1 of the Company for the year
        ended
        December 31, 2004, to which this certification accompanies (the "Annual
        Report"), fully complies with the requirements of Section 13(a) or 15(d)
        of the
        Securities Exchange Act of 1934; and
 
 (b)
        The
        information contained in the Annual Report fairly presents, in all material
        respects, the financial condition and results of operations of the Company.
 Date: *January
                5, 2006*
              By:
              /s/ *Eric
                Young,**Eric
                Young,**Chief
                Financial Officer*
  A
        signed
        original of this written statement required by Section 906, or other document
        authenticating, acknowledging or otherwise adopting the signature that appears
        in typed form within the electronic version of this written statement required
        by Section 906, has been provided to Winsonic Digital Media Group, Ltd. and
        will
        be retained by Winsonic Digital Media Group, Ltd. and furnished to the
        Securities and Exchange Commission or its staff upon request.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

RICHARD DON CUTHBERTSON, )

)

Appellant, )

)

v. ) Case No. 2D17-4414

)

STATE OF FLORIDA, )

)

Appellee. )

___________________________________)

Opinion filed April 4, 2018.

Appeal pursuant to Fla. R. App. P.

9.141(b)(2) from the Circuit Court 

for Pinellas County; Joseph A. Bulone, 

Judge.

PER CURIAM.

Affirmed. See §§ 775.084(1)(d)(1)(a), 776.08, Fla. Stat. (2014); Johnson 

v. State, 60 So. 3d 1045 (Fla. 2011); Young v. State, 739 So. 2d 553 (Fla. 1999); Zink v. 

State, 951 So. 2d 34 (Fla. 2d DCA 2007); Bizzell v. State, 912 So. 2d 386 (Fla. 2d DCA 

2005); Greenlee v. State, 591 So. 2d 310 (Fla. 2d DCA 1991); Curi v. State, 36 So. 3d 

853 (Fla. 3d DCA 2010); Ubilla v. State, 8 So. 3d 1200 (Fla. 3d DCA 2009); Cala v. 

State, 854 So. 2d 840 (Fla. 3d DCA 2003).

MORRIS, SLEET, and BADALAMENTI, JJ., Concur.
CERTIFICATION OF CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Yearly Report on Form 10-KSB of Futomic Industries, Inc.
for the year ending December 31, 2004, I, Ken Tetterington, Chief Financial
Officer of Futomic Industries, Inc. hereby certify pursuant to 18 U.S.C. Section
1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, to
the best of my knowledge and belief, that:

     1.   Such Yearly Report of Form 10-KSB for the year ending December 31,
          2004, 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 such Yearly Report on Form 10-KSB for the
          year ended December 31, 2004, fairly represents in all material
          respects, the financial condition and results of operations of Futomic
          Industries, Inc.


Dated:    April 14, 2005

FUTOMIC INDUSTRIES, INC.

By:  /s/ Ken Tetterington
-----------------------------------------
Chief Financial Officer
Exhibit 23  -  Consent of Experts


G. BRAD BECKSTEAD
---------------------------
Certified Public Accountant
                                                       330 E. Warm Springs
                                                      Las Vegas, NV  89119
                                                              702.528.1984
                                                       425.928.2877 (efax)

January 29, 2002


To Whom It May Concern:

The firm of G. Brad Beckstead,  CPA,  consents to the inclusion of my report of
January 29, 2002, on the Financial Statements  of  Foxy  Jewelry, Inc. from the
inception date of December 12, 1997 through December 31, 2001, in its Form 10K-
SB filed with the US Securities and Exchange Commission.

Signed,

/s/ G. Brad Beckstead
-----------------------
G. Brad Beckstead, CPA


<PAGE>