alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 16**  **- 2094** 

In re: EDWARD EAVES , Petitioner

.

On Petition for Writ of Mandamus . ( 3:16

- cv - 00129

- GCM )

Submitted : December 15, 2016 Decided: December 19, 2016

Before SHEDD, DUNCAN, and AGEE , Circuit Judges.

Petition denied by un published per curiam opinion

.

Edward Eaves , Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Edward Eaves petitions for a writ of mandamus seeking an order directing the district court to issue an order denying a motion to dismiss . We conclude that Eaves is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in extraor dinary circumstances. Kerr v. U .S. Dist. Court , 426 U.S. 394, 402 (1976) ; United States v. Moussaoui , 333 F.3d 509, 516

- 17 (4th Cir. 2003) . Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. In re Firs t Fed. Sav. & Loan Ass ’ n , 860 F.2d 135, 138 (4th Cir. 1988)

. Here, t he district court granted defendant’s motion to dismiss Eaves’ employment discrimination case. T he appropriate way to challenge that ruling is by appeal ing it

. Mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp. , 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by Eaves is not available by way of mandamus. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

PETITION DENIED
#### SMITHFIELD ASSOCIATES, LLC, ET AL. *v.*TOLLAND BANK

*B. Paul Kaplan,*in support of the petition.

*Rodger C. Boe,*in opposition.

Decided February 1, 2005

The plaintiffs’ petition for certification for appeal from the Appellate Court, 86 Conn. App. 14 (AC 23956), is denied.
Case 1:07-cv-01539-AKH Document 24 Filed 03/17/2008 Page 1 of 2Case 1:07-cv-01539-AKH Document 24 Filed 03/17/2008 Page 2 of 2
IN THE

TENTH COURT OF APPEALS

No. 10-16-00374-CV

IN RE MID-CENTURY INSURANCE COMPANY

Original Proceeding

ORDER

Relator’s Petition for Writ of Mandamus and Motion for Emergency Relief were 

filed on November 9, 2016. Relator’s Motion for Emergency Relief is granted. The trial 

court’s order of October 27, 2016 is stayed until further order of this Court. Additionally, 

the Court requests a response to the Petition for Writ of Mandamus from any party to 

this proceeding. Any response is due within 21 days from the date of this order.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Order issued and filed November 10, 2016
Clear All

        17 April 2024    

                    USS Albany Arrives in Faslane, Scotland                 
                The Los Angeles-class attack submarine USS Albany (SSN 753) arrived in Faslane, Scotland for a scheduled port visit, April 17, 2024.            

        12 March 2024    

                    Commander, U.S. Sixth Fleet visits USS Bulkeley (DDG 84)                 
                Vice Adm. Thomas Ishee, commander, U.S. 6th Fleet, embarked the Arleigh Burke-class guided missile destroyer USS Bulkeley (DDG 84) at Naval Station Rota, Spain to meet with the crew and recognize their accomplishments at the conclusion of their four month patrol, Mar. 8, 2024.            

        13 August 2022    

                    USS Hershel “Woody” Williams (ESB 4) Arrives in Tanzania                 
                DAR ES SALAAM, Tanzania - The Lewis B. Puller-class expeditionary sea base USS Hershel “Woody” Williams (ESB 4) arrived in Dar es Salaam, Tanzania for a scheduled port visit, Aug. 13, 2022.            

        08 August 2022    

                    U.S. Navy Recovers F/A-18E from Mediterranean Sea                 
                NAPLES, Italy - On Aug. 3, the U.S. Navy successfully recovered the F/A-18E Super Hornet aircraft assigned to Carrier Air Wing (CVW 1), embarked aboard USS Harry S. Truman (CVN 75) that blew overboard due to unexpected heavy weather in the Mediterranean Sea July 8, 2022.            

        02 August 2022    

                    USS Arleigh Burke responds to man overboard                 
                The Arleigh Burke-class guided-missile destroyer USS Arleigh Burke (DDG 51) conducted search and rescue efforts for a man overboard while operating in the Baltic Sea, Aug. 1, 2022.             

        05 May 2022    

                    In a first, a littoral combat ship deploys to U.S. Sixth Fleet area of operations                 
                In a historic moment for the region, a Freedom-variant littoral combat ship, USS Sioux City (LCS 11), deployed to U.S. Sixth Fleet’s area of operations, supporting U.S. and NATO Ally and Partner interests in Europe and Africa.            

#####  

##### Navy.mil  |  Navy.com  |  Navy FOIA  |  DoD Accessibility/Section 508  |  No Fear Act  |  Open Government  |  Plain Writing Act USA.gov  |  Veterans Crisis Line  |  VA Vet Center  |  FVAP  |   DoD Safe Helpline  |  Navy SAPR  |  NCIS Tips  |  Privacy Policy  |  Site Map  |  Contact US

###### Commander, U.S. Fleet Forces Command   |   1562 Mitscher Ave., Suite 250   |   Norfolk, Virginia 23551-2487

###### Official U.S. Navy Website
<PAGE>
 
                                                             EXHIBIT (10)i.


                               AMENDMENT 1995-1
                                    TO THE
                   PENSION PLAN OF RHONE-POULENC RORER INC.
              (As Amended and Restated Effective January 1, 1989)

          The Committee of the Pension Plan of Rhone-Poulenc Rorer Inc. (the
"Plan") hereby adopts this Amendment 1995-1 to the Pension Plan of Rhone-Poulenc
Rorer Inc. pursuant to Section 10.1 of the Plan.  The amendment made by this
instrument shall be effective January 1, 1989.

          1. Section 4.1 of the Plan shall be amended by eliminating its second
sentence, and substituting therefor the following sentence:

A Participant shall be fully vested in his Accrued Benefit on the later of (i)
the date on which he attains his 65th birthday or (ii) the fifth anniversary of
his commencement of participation in the Plan.

In all other respects, the Plan shall remain unchanged by this Amendment.


Executed this 4th day of August, 1995.


[SEAL]
                                            The Committee of the Pension Plan
                                                  of Rhone-Poulenc Rorer Inc.


                                                  By:  /s/ Kenneth M. Krenicky

                                                  Attest:  /s/ Jay A. Desjardins
|Exhibit 12


CALCULATION OF RATIO
OF EARNINGS TO FIXED CHARGES (in thousands)
|-----------------------------------------------------------------------------

|                                     | Years Ended July 31, | 
|------------------------------------ | -------------------- | 
|
|Earnings                             |                      | 
|Income before cumulative effect of   |                      | 
|change in accounting principle       |                      | 
|Income tax provision                 |                      | 
|                                     |                      | 
|Earnings                             |                      | 
|                                     |                      | 
|Fixed Charges                        |                      | 
|Interest expense                     |                      | 
|Portion of rental expense            |                      | 
|representative of interest factor    |                      | 
|                                     |                      | 
|Fixed charges                        |                      | 
|                                     |                      | 
|Capitalized interest                 |                      | 
|                                     |                      | 
|Earnings before income tax provision |                      | 
|and fixed charges                    |                      | 
|                                     |                      | 
|Ratio of earnings to fixed charges   |                      | 
|                                     |                      | 

|
|
Case 1:07-cv-01529-AKH Document 30-2 Filed 11/26/2007 Page 1 of 3
Case 1:07-cv-01529-AKH Document 30-2 Filed 11/26/2007 Page 2 of 3
Case 1:07-cv-01529-AKH Document 30-2 Filed 11/26/2007 Page 3 of 3
[Federal Register Volume 66, Number 88 (Monday, May 7, 2001)]
[Notices]
[Page 23045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11376]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-100-1060-PC; CO-110-1060-PC]


Notice of Public Hearings and the Intent to Remove Wild Horses on 
Public Lands in Colorado

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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

SUMMARY: The Wild, Free-Roaming Horse and Burro Act (Pub. L. 92-195), 
as amended, provides, among other things, that excess wild horses shall 
be removed from public lands.
    The Bureau of Land Management plans to complete removal operations 
in August and September, 2001 in the West Douglas Herd Area and in the 
Sand Wash Herd Management Area. Dates are approximate and depend upon 
whether conditions and factors unforseen at this time.
    The Bureau of Land Management plans to remove approximately 115 
wild horses from the West Douglas Herd Area. The number of horses 
removed from the Sand Wash herd will be determined following 
establishment in late June, 2001 of a herd appropriate management 
level.
    Pursuant to the requirements noted above, the BLM will conduct a 
public hearing on the use of helicopters in Colorado for gathering 
operations during the calendar year of 2001, and a public hearing 
addressing the removal of horses from the Oil Spring Mountain 
Wilderness Study Area, associated with the West Douglas Herd Area. A 
meeting will be held following the hearings to discuss the two planned 
gathers. The hearings are scheduled to begin at 7 MST on June 11th, 
2001 at the White River Field Office of the BLM located at 73544 
Highway 64 in Meeker, Colorado.
    For additional information regarding the West Douglas Herd Area 
contact Jim Cagney, White River Field Office; 970-878-3601.
    For additional information regarding the Sand Wash Herd management 
Area contact John Husband at the Little Snake Filed Office; 970-826-
5000.

James A. Cagney,
White River Field Office Manager.
[FR Doc. 01-11376 Filed 5-4-01; 8:45 am]
BILLING CODE 4310-84-M
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           37972
<INT-BEARING-DEPOSITS>                             518
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     335023
<INVESTMENTS-CARRYING>                           90519
<INVESTMENTS-MARKET>                             92709
<LOANS>                                         784367
<ALLOWANCE>                                      10195
<TOTAL-ASSETS>                                 1288837
<DEPOSITS>                                      886519
<SHORT-TERM>                                    213799
<LIABILITIES-OTHER>                               9012
<LONG-TERM>                                      71029
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         56711
<OTHER-SE>                                       51765
<TOTAL-LIABILITIES-AND-EQUITY>                 1288837
<INTEREST-LOAN>                                  69725
<INTEREST-INVEST>                                22980
<INTEREST-OTHER>                                   597
<INTEREST-TOTAL>                                 93302
<INTEREST-DEPOSIT>                               33545
<INTEREST-EXPENSE>                               42855
<INTEREST-INCOME-NET>                            50447
<LOAN-LOSSES>                                     3276
<SECURITIES-GAINS>                                 610
<EXPENSE-OTHER>                                  35348
<INCOME-PRETAX>                                  22851
<INCOME-PRE-EXTRAORDINARY>                       22851
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     15733
<EPS-PRIMARY>                                     1.37
<EPS-DILUTED>                                     1.37
<YIELD-ACTUAL>                                    4.68
<LOANS-NON>                                       3075
<LOANS-PAST>                                      3061
<LOANS-TROUBLED>                                   263
<LOANS-PROBLEM>                                   9447
<ALLOWANCE-OPEN>                                  9036
<CHARGE-OFFS>                                     3209
<RECOVERIES>                                      1092
<ALLOWANCE-CLOSE>                                10195
<ALLOWANCE-DOMESTIC>                             10195
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                           5290
        

</TABLE>
**Exhibit 32.2**

 

**CERTIFICATION UNDERSECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

 

Pursuant to Section 906 of theSarbanes-Oxley Act of 2002, each of the undersigned certifies that:

 

1. This periodic reportcomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

2. The information contained inthis periodic report fairly represents, in all material respects, the financialcondition and results of operations of Apex Mortgage Capital, Inc.

 

 
| Dated:  August 14, 2003 | /s/ David S.  DeVito            |   |
|-------------------------|---------------------------------|--------|
|                    | David S.  DeVito                |
|                    | Chief  Financial Officer        |
|                    | (Principal  Accounting Officer) |

 

----
Case 1:07-cv-01659-AKH Document 13 Filed 12/18/2007 Page 1 of 2
Case 1:07-cv-01659-AKH Document 13 Filed 12/18/2007 Page 2 of 2
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 Mobiclear, Inc. (the "Company") on Form
10-KSB for the year ended December 31, 2007, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Kenneth Telford, Chief
Accounting 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
the best of my 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 result of operations of
          the Company.



/s/  Kenneth Telford
----------------------------------
     Kenneth Telford
     Chief Financial Officer


April 14, 2008

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
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.
#### MYRNA LABOW *v.*RONALD LABOW

*Nathalie Feola-Guerrieri*and *Daniel Shepro,*in support of the petition.

*Gwen E. Adamson,*in opposition.

Decided February 16, 2005

The plaintiffs petition for certification for appeal from the Appellate Court, 85 Conn. App. 746 (AC 24156), is denied.

SULLIVAN, C. J., and VERTEFEUILLE, J., did not participate in the consideration or decision of this petition.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

SOFJAN BAHAUDIN,

 Plaintiff - Appellant,

 v.

JOHN M. McHUGH, Secretary, United

States Department of the Army,

 Defendant - Appellee.

No. 10-56650

D.C. No. 2:10-cv-00510-JFWPLA

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

John F. Walter, District Judge, Presiding

Submitted January 17, 2012** 

Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges. 

Sofjan Bahaudin appeals pro se from the district court’s order dismissing his

employment action as barred by a settlement agreement. We have jurisdiction

under 28 U.S.C. § 1291. We review de novo the district court’s interpretation of a

FILED

JAN 26 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-56650

settlement agreement, and for clear error any factual findings made in interpreting

the settlement agreement. City of Emeryville v. Robinson, 621 F.3d 1251, 1261

(9th Cir. 2010). We affirm.

The district court properly dismissed Bahaudin’s action as barred by the

terms of the settlement agreement resolving his prior employment action. See

Stroman v. W. Coast Grocery Co., 884 F.2d 458, 461-63 (9th Cir. 1989) (Title VII

claims barred by prior agreement where waiver was voluntary, deliberate, and

informed). Bahaudin failed to establish that the settlement agreement was

procured by fraud and was therefore invalid. See Pardi v. Kaiser Found. Hosps.,

389 F.3d 840, 848 (9th Cir. 2004) (upholding settlement agreement where plaintiff

failed to establish that the agreement was procured by fraud or any other basis that

would render it invalid).

The district court did not abuse its discretion by dismissing without leave to

amend because amendment would be futile. See Gordon v. City of Oakland, 627

F.3d 1092, 1094 (9th Cir. 2010).

Bahaudin’s remaining contentions are unpersuasive.

We do not consider arguments and allegations raised for the first time on

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).

AFFIRMED.
EXHIBIT 32.1
**Certification of Chief Executive Officer, President and Chief Financial Officer**
  Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-OxleyAct of 2002, each of the undersigned officers of AMB Property Corporation,the sole general partner of AMB Property, L.P. (the “Operating Partnership”),hereby certifies, to such officer’s knowledge, that:
     (i) the accompanying Quarterly Report on Form 10-Q of the OperatingPartnership for the quarterly period ended September 30, 2004 (the“Report”) fully complies with the requirements of Section 13(a) or Section15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and
     (ii) the information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theOperating Partnership.        Dated: November 9, 2004 /s/ HAMID R. MOGHADAM   Hamid R. Moghadam   Chairman and CEO                                            /s/ W. BLAKE BAIRD   W. Blake Baird   President and Director                                            /s/ MICHAEL A. COKE   Michael A. Coke   CFO andExecutive Vice President   
     The foregoing certification is being furnished solely to accompany theReport pursuant to 18 U.S.C. § 1350, and is not being filed for purposes ofSection 18 of the Securities Exchange Act of 1934, as amended, and is not to beincorporated by reference into any filing of the Operating Partnership, whethermade before or after the date hereof, regardless of any general incorporationlanguage in such filing.
55
#### Jules Musinger, Respondent, v State of New York, Appellant.

(Appeal No. 2.)

Judgment unanimously modified on the law and facts and as modified affirmed without costs, in accordance with the same memorandum as in *Marks v State of New York*([appeal No. 1] 152 AD2d 930). (Appeal from judgment of Court of Claims, Corbett, J. — appropriation.) Present — Dillon, P. J., Callahan, Balio, Lawton and Davis, JJ.
Case 1:07-cv-05433-AKH     Document 2      Filed 08/09/2007     Page 1 of 2

Case 1:07-cv-05433-AKH     Document 2      Filed 08/09/2007     Page 2 of 2
Exhibit 23.2

Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by
reference in the following Registration Statements of Newport Corporation:



| | (1) | Registration Statement (Form S-8 No. 333-105623) pertaining to the registration of 2,178,205 shares of common stock pursuant to the Amended and Restated Employee
Stock Purchase Plan;
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | Registration Statement (Form S-8 No. 333-86268) pertaining to 1,087,541 shares of common stock related to certain Stock Option Grants outside of a plan;
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------



| | (3) | Registration Statement (Form S-8 No. 333-74076) pertaining to 6,000,000 shares of common stock pursuant to the 2001 Stock Incentive Plan;
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------



| | (4) | Registration Statement (Form S-8 No. 333-41090) pertaining to 5,687,318 shares of common stock pursuant to the 1992 Stock Incentive Plan, the 1999 Stock Incentive
Plan and the Employee Stock Purchase Plan;
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (5) | Registration Statement (Form S-8 No. 333-136182) pertaining to 6,000,000 shares of the 2006 Performance-Based Stock Incentive Plan; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------

of our report dated March 16, 2009 with respect to the consolidated financial statements and schedule of Newport Corporation included in this Annual
Report (Form 10-K) of Newport Corporation for the year ended January 1, 2011.

/s/ Ernst & Young LLP

Orange County, California

March 7, 2011