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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

MARK ANTHONY JONES,

 Plaintiff - Appellant,

 v.

CALIFORNIA DEPARTMENT OF

CORRECTIONS; KENNETH CLARK,

Warden; COUCH, CDC ISU Officer,

 Defendants - Appellees.

No. 12-17484

D.C. No. 1:08-cv-00069-LJOGBC

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Lawrence J. O’Neill, District Judge, Presiding

Argued and Submitted April 10, 2014

San Francisco, California

Before: SILVERMAN, W. FLETCHER, and BYBEE, Circuit Judges.

Appellant Mark Jones, a California state prisoner, appeals from the district

court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust

administrative remedies under the Prison Litigation Reform Act, 42 U.S.C.

FILED

AUG 12 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

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

except as provided by 9th Cir. R. 36-3.
§ 1997e. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the

district court’s dismissal for failure to exhaust, Sapp v. Kimbrell, 623 F.3d 813,

821 (9th Cir. 2010), and for an abuse of discretion its decision whether to hold an

evidentiary hearing. Stewart v. Cate, No. 10-55985, 2014 WL 1707033, at *3 (9th

Cir. May 1, 2014). We reverse and remand.

Without holding an evidentiary hearing, the district court dismissed the

action for failure to exhaust administrative remedies because Jones did not take

proper steps to alert prison officials to his retaliation claim. Although the court

acknowledged Jones’s formal first-level grievance, it held that the grievance did

not alert prison officials to the claims that Jones alleged in his § 1983 action

because it did not include information about Office Couch’s threat.

We agree that the formal-first-level complaint does not allege retaliation. 

Nevertheless, Jones’s January 10, 2012 declaration states that he exhausted his

retaliation claim by including it in a grievance 602. Whether Jones actually filed a

grievance 602, and whether the grievance alleged retaliation are material factual

questions that were not readily ascertainable from the parties’ declarations. Albino

v. Baca, 747 F.3d 1162, 1166 (9th Cir. 2014) (en banc) (“[F]actual questions

relevant to exhaustion should be decided by the judge, in the same manner a judge

rather than a jury decides disputed factual questions relevant to jurisdiction and

2
venue.”). Because district courts should hear oral testimony where, as here,

“factual questions [are] not readily ascertainable from the declarations of witnesses

or questions of credibility predominate,” the district court abused its discretion by

failing to conduct an evidentiary hearing. United Commercial Ins. Serv., Inc. v.

Paymaster Corp., 962 F.2d 853, 858 (9th Cir. 1992). 

Accordingly, we REVERSE the judgment of the district court and

REMAND for an evidentiary hearing on exhaustion and such further proceedings

as may be necessary on the merits of Jones’s claims. 

3
Exhibit 32.1

CERTIFICATION BY THE CHIEF EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350

I, Nathanael V. Lentz, President and Chief Executive Officer of Verticalnet, Inc., a Pennsylvania corporation (the Company), hereby certify to my knowledge
that:



| | (1) | The Companys quarterly report on Form 10-Q for the quarterly period ended September 30, 2006 (the Form 10-Q) fully complies with the requirements of
Section 13(a) of the Securities Exchange Act of 1934, as amended; and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ NATHANAEL V. LENTZNathanael V. LentzPresident and Chief Executive OfficerDate: November 14, 2006


A signed original of this written statement required by Section 906 has been provided to Verticalnet,
Inc. and will be retained by Verticalnet, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
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Rural communities are the backbone of American life, providing fuel, food and fiber. As a partner, the U.S. Department of Agriculture (USDA) understands how critical rural America is to providing the everyday essentials our country depends on. As a result, we invest accordingly.

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---

---

Exhibit 13.2

# CERTIFICATION PURSUANT
TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

In connection with the annual report
of Compugen Ltd. (the Company) on Form 20-F for the periods ending December
31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I the undersigned, being the 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 Sections 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\ Dikla Czaczkes Axselbrad
Title:   Chief Financial Officer
Date:    March 16, 2009



---

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### National Park Service 

# AGENCY:

National Park Service, Department of the Interior. 

# ACTION:

Notice of boundary revision, Rocky Mountain National Park. 

# SUMMARY:

This notice announces a revision of the boundary of Rocky Mountain National Park to include two parcels donated by Rocky Mountain National Park Associates, Inc. The National Park Service has determined that this boundary revision is necessary for the proper preservation and protection of the National Park. 

# DATES:

The effective date of this Order is the April 18, 2000. 

# FOR FURTHER INFORMATION CONTACT:

Superintendent, Rocky Mountain National Park, at the above address or by telephone at 970-586-1399. 

# SUPPLEMENTARY INFORMATION:

16 U.S.C. 4601-9(c)(1) authorizes the Secretary of the Interior to make this boundary revision. This boundary adjustment will add two parcels of land comprised of 28.33 acres and 18.19 acres to Rocky Mountain National Park in Larimer County, Colorado. 

                    The above parcels are depicted as tract numbers 06-142 and 07-152 on land acquisition map, segments 6 and 7, having drawing number 121/92,002, sheet 7 and 8 of 11. The map is on file at the National Park Service, Intermountain Land Resources Program                           ( print page 20831)                        Center, and at the Office of the Superintendent, Rocky Mountain National Park.                 

Dated: February 2, 2000. 

Karen P. Wade, 

Director, Intermountain Region. 

[FR Doc. 00-9586 Filed 4-17-00; 8:45 am] 

BILLING CODE 4310-70-P
THE THIRTEENTH COURT OF APPEALS

13-17-00320-CV

IN THE INTEREST OF D.R.M., J.Y.M., D.M.M., AND D.N.M., CHILDREN

On Appeal from the

430th District Court of Hidalgo County, Texas

Trial Cause No. CW-0026-15-J

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes that the judgment of the trial court should be affirmed. The Court 

orders the judgment of the trial court AFFIRMED. Costs of the appeal are adjudged 

against appellant, although he is exempt from payment due to his inability to pay costs.

We further order this decision certified below for observance.

January 4, 2018
I 

111TH CONGRESS 

1ST SESSION H. R. 617 

To amend the Internal Revenue Code of 1986 to eliminate the taxable 

income limit on percentage depletion for oil and natural gas produced 

from marginal properties. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 21, 2009 

Mr. BOREN introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to eliminate 

the taxable income limit on percentage depletion for oil 

and natural gas produced from marginal properties. 

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

3 SECTION 1. ELIMINATION OF TAXABLE INCOME LIMIT ON 

4 PERCENTAGE DEPLETION FOR OIL AND NAT5 URAL GAS PRODUCED FROM MARGINAL 

6 PROPERTIES. 

7 (a) IN GENERAL.—Subparagraph (H) of section 

8 613A(c)(6) of the Internal Revenue Code of 1986 (relating 


jbell on PROD1PC69 with BILLS
2 

HR 617 IH

1 to oil and natural gas produced from marginal properties) 

2 is amended to read as follows: 

3 ‘‘(H) NONAPPLICATION OF TAXABLE IN4 COME LIMIT WITH RESPECT TO MARGINAL PRO5 DUCTION.—The second sentence of subsection 

6 (a) of section 613 shall not apply to so much 

7 of the allowance for depletion as is determined 

8 under subparagraph (A).’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 this section shall apply to taxable years beginning after 

11 December 31, 2008. 

Æ 


jbell on PROD1PC69 with BILLS
Exhibit 4.26






AMENDMENT NO. 2 TO WARRANTS








THIS AMENDMENT NO. 2 TO WARRANTS,dated as of August 21, 2009 (this “Amendment”), is issued by nFinanSe Inc., a Nevada corporation (the “Company”), to ____________________ (the “Holder”).





RECITALS





A.  WHEREAS, the Company, the Holder and other accredited investors are parties to that certain Stock Purchase Agreement, dated as of August 21, 2009 (the “August 2009 SPA”), and;





B.  WHEREAS, in consideration for the Holder’s participation in the August 2009 SPA and entrance into and execution of this Amendment, the Company agreed to amend any and all warrants to purchase shares of the Company’s common stock currently held by the Holder (such warrants as listed on Schedule A hereto, the “Warrants”) such that the exercise price (the “Exercise Price”) of the Warrants shall be reduced to $0.01 per share.





NOW, THEREFORE, in consideration of the premises and the mutual covenants hereinafter contained, the parties hereto agree as follows:





1.           The Exercise Price set forth in the first sentence of the first paragraph of the Warrants is hereby amended to be $0.01.





2.           Any provision of the Warrants which is inconsistent with the provisions of this Amendment shall be deemed amended to effectuate the intention expressed herein.  Except as hereby amended, the Warrants shall remain unchanged and in full force and effect.





IN WITNESS WHEREOF, this Amendment has been duly executed as of the date first written above.







NFINANSE INC.By:      /s/ Raymond P. SpringerName: Raymond P. SpringerTitle:   Executive Vice President























Schedule A


The Warrants









[__________________






















































-2-
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5721 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5721

 To designate the facility of the United States Postal Service located 
 at 335 Merchant Street, Honolulu, Hawaii, as the ``Frank F. Fasi Post 
                           Office Building''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2010

   Mr. Djou introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
 at 335 Merchant Street, Honolulu, Hawaii, as the ``Frank F. Fasi Post 
                           Office Building''.

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

SECTION 1. FRANK F. FASI POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 335 Merchant Street, Honolulu, Hawaii, shall be known and 
designated as the ``Frank F. Fasi Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Frank F. 
Fasi Post Office Building''.
                                 <all>
```
[Federal Register Volume 66, Number 79 (Tuesday, April 24, 2001)]
[Notices]
[Page 20690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10053]


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

THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES


Meetings of Humanities Panel

AGENCY: The National Endowment for the Humanities.

ACTION: Additional notice of meetings.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the provisions of the Federal Advisory Committee 
Act (Public Law 92-463, as amended), notice is hereby given that the 
following meetings of the Humanities Panel will be held at the Old Post 
Office, 1100 Pennsylvania Avenue, NW., Washington, DC 20506

FOR FURTHER INFORMATION CONTACT: Laura S. Nelson, Advisory Committee 
Management Officer, National Endowment for the Humanities, Washington, 
DC 20506; telephone (202) 606-8322. Hearing-impaired individuals are 
advised that information on this matter may be obtained by contacting 
the Endowment's TDD terminal on (202) 606-8322.

SUPPLEMENTARY INFORMATION: The proposed meetings are for the purpose of 
panel review, discussion, evaluation and recommendation on applications 
for financial assistance under the National Foundation on the Arts and 
the Humanities Act of 1965, as amended, including discussion of 
information given in confidence to the agency by the grant applicants. 
Because the proposed meetings will consider information that is likely 
to disclose trade secrets and commercial or financial information 
obtained from a person and privileged or confidential and/or 
information of a personal nature the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy, pursuant 
to authority granted me by the Chairman's Delegation of Authority to 
Close Advisory Committee meetings, dated July 19, 1993, I have 
determined that these meetings will be closed to the public pursuant to 
subsections (c) (4), and (6) of section 552b of Title 5, United Stated 
Code.
    1. Date: May 28-30, 2001.
    Time: 9 a.m. to 5 p.m.
    Room: 527.
    Program: This meeting will review applications for Extending the 
Reach: Faculty Research Awards, submitted to the Division of Research 
Programs at the April 10, 2001 deadline.

Laura S. Nelson,
Advisory Committee Management Officer.
[FR Doc. 01-10053 Filed 4-23-01; 8:45 am]
BILLING CODE 7536-01-M
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Bureau of Land Management

          - [WY-920-1310-01; WYW 147278] 

                    Pursuant to the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), a petition for reinstatement of oil and gas lease WYW147278 for lands in Campbell County, Wyoming, was timely filed and was accompanied by all the required rentals accruing from the date of termination. The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10.00 per acre, or fraction thereof, per year and 16                    2/3                     percent, respectively.                

                    The lessee has paid the required $500 administrative fee and $125 to reimburse the Department for the cost of this                     **Federal Register**                     notice. The lessee has met all the requirements for reinstatement of the lease as set out in Section 31 (d) and (e) of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease WYW147278 effective February 1, 2000, subject to the original terms and conditions of the lease and the increased rental and royalty rates cited above.                 

Mary Jo Rugwell,

Acting Chief, Leasable Minerals Section.

[FR Doc. 00-9952  Filed 4-20-00; 8:45 am]

BILLING CODE 4310-22-M
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

MISC. NO. 08-23

IN RE COURT CLOSURE ON FRIDAY, NOVEMBER 24, 2023, TUESDAY, DECEMBER 26, 2023, AND

TUESDAY, JANUARY 2, 2024.

O R D E R

By direction of the Chief Judge, the United States Court of Appeals for Veterans Claims 

will be closed on Friday, November 24, 2023, Tuesday, December 26, 2023, and Tuesday, January 

2, 2024.

For purposes of computation and extension of time under the Court's Rules of Practice and 

Procedure, Friday, November 24, 2023, Tuesday, December 26, 2023, and Tuesday, January 2, 

2024, will be considered days when the Court is closed. See U.S. VET. APP. R. 26(a)(1).

DATED: October 11, 2023 FOR THE COURT:

/s/ Tiffany M. Wagner

TIFFANY M. WAGNER

Clerk of the Court
#### The People of the State of New York, Respondent, v *910Louis F. McIntosh, Jr., Appellant.

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: None of the issues raised by defendant on appeal warrants reversal. The weight of the evidence supports the jury’s verdict. The court sustained defendant’s objection to the reference by the prosecution’s witness that defendant had made a statement and the fact that the jury heard this reference was not so prejudicial as to warrant a mistrial. None of the alleged improper statements by counsel on summation was objected to and none was so egregious as to warrant review in the interest of justice. The suppression court properly denied defendant’s motion to suppress the identification testimony of the prosecution’s witness. The array of photographs shown to her and the lineup she viewed were not impermissibly suggestive and she had an independent source for her in-court identification. The court’s instruction to the jury concerning identification testimony was correct and detailed and the court was not required to give the instruction in the language requested by defendant.

The conviction for grand larceny in the third degree, however, must be reduced to grand larceny in the fourth degree. The crime charged, larceny committed by taking property from the person of another, constitutes grand larceny in the' fourth degree *(see,*Penal Law § 155.30 [5]). The sentence of *IV2*to 3 years on the larceny conviction may stand because it is the minimum permissible sentence for a second felony offender convicted of the E felony of grand larceny in the fourth degree. (Appeal from judgment of Supreme Court, Onondaga County, Gorman, J. — robbery, second degree, and other charges.) Present — Dillon, P. J., Doerr, Boomer, Balio and Davis, JJ.