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NOT FOR PUBLICATION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

STANFORD PAUL BRYANT,

 Plaintiff - Appellant,

 v.

STEVEN GREGORY FARMER,

Contracted Podiatrist; et al.,

 Defendants - Appellees.

No. 10-55904

D.C. No. 3:09-cv-02655-H-BLM

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Marilyn L. Huff, District Judge, Presiding

Submitted November 21, 2011** 

Before: TASHIMA, BERZON, and TALLMAN, Circuit Judges.

California state prisoner Stanford Paul Bryant appeals pro se from the

district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate

indifference to serious medical needs and various state law claims. We have

FILED

NOV 29 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-55904

jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to

state a claim under 28 U.S.C. §§ 1915A and 1915(e)(2)(B)(ii). Resnick v. Hayes,

213 F.3d 443, 447 (9th Cir. 2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th

Cir. 1998) (order). We affirm.

The district court properly dismissed Bryant’s deliberate indifference claim

because Bryant failed to allege that defendants consciously disregarded any serious

medical needs related to his toe surgery or that he suffered any further injury due to

an intentional delay in accessing pain medicine. See Toguchi v. Chung, 391 F.3d

1051, 1057 (9th Cir. 2004) (deliberate indifference standard); Shapley v. Nev. Bd.

of State Prison Comm’rs, 766 F.2d 404, 407 (9th Cir. 1985) (per curiam) (for delay

of treatment to constitute deliberate indifference, prisoner must allege that it led to

further injury). At most, Bryant’s allegations amounted to a disagreement with the

course of treatment and the quality of post-surgical care he received, neither of

which constitutes deliberate indifference. See Toguchi, 391 F.3d at 1058, 1060.

The district court did not abuse its discretion in denying Bryant’s motion for

reconsideration because he failed establish any ground for such relief other than his

disagreement with the court’s judgment. See Zimmerman v. City of Oakland, 255

F.3d 734, 737, 740 (9th Cir. 2001) (setting forth standard of review and listing

factors warranting reconsideration).
3 10-55904

Bryant’s remaining contentions are unpersuasive.

AFFIRMED.
<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 Annual Report on Form 10-K of Applix, Inc. (the
"Company") for the period ended December 31, 2001 as filed with the Securities
and Exchange Commission on April 1, 2002 and as amended on March 31, 2003 and
the date hereof (the "Report"), the undersigned, David C. Mahoney, Chief
Executive Officer of the Company, 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.


                              /s/ David Mahoney
                              --------------------------
Dated: May 19, 2003           David Mahoney
                              Chief Executive Officer

A signed original of this written statement required by Section 906 has been
provided to Applix, Inc. and will be retained by Applix, Inc. and furnished to
the Securities and Exchange Commission or its staff upon request.
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We have issued our report dated March 29, 2010, accompanying the consolidated financial statements included in the Annual Report
of First Community Corporation on Form 10-K for the year ended December 31, 2009. We hereby consent to the incorporation by reference of said report in the Registration
Statements of First Community Corporation on Form S-8 (File Nos. 333-135099, 333-119630 and 333-90603) and on Form S-3 (File
No. 333-157271).

/s/Elliott
Davis, LLC
Columbia, South Carolina
March 29, 2010

---



QuickLinks
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 on Form 10-Q of Sports Properties Acquisition Corp. (the Company) for the period ending March 31, 2009 as filed
with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, pursuant to 18 USC. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based
on 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 results of operations of the Company as of the
dates and for the periods expressed in the Report.



|    |  |                        
|--- |  | -----------------------
|By: |  | /s/ Larry D. Hall      
|    |  | Chief Financial Officer

Date: May 15, 2009
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1198 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. RES. 1198

 Congratulating Lock Haven University of Pennsylvania for 140 years of 
                    excellence in higher education.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 2010

Mr. Thompson of Pennsylvania submitted the following resolution; which 
          was referred to the Committee on Education and Labor

_______________________________________________________________________

                               RESOLUTION

 
 Congratulating Lock Haven University of Pennsylvania for 140 years of 
                    excellence in higher education.

Whereas Lock Haven University of Pennsylvania was founded in 1870 as Central 
        State Normal School;
Whereas Lock Haven University of Pennsylvania, located in Lock Haven, 
        Pennsylvania has 4,665 undergraduate students enrolled at the main 
        campus and 440 students enrolled at the Clearfield campus;
Whereas Lock Haven University of Pennsylvania competes in 8 women's and 7 men's 
        intercollegiate NCAA sports;
Whereas students attending Lock Haven University of Pennsylvania can obtain 
        degrees and certificates from 60 different undergraduate programs and 3 
        different graduate programs;
Whereas Lock Haven University of Pennsylvania has 17,000 living alumni; and
Whereas 97 percent of recent Lock Haven University of Pennsylvania graduates are 
        employed or continuing their education and 84 percent of employed 
        graduates are working in their field of study or chosen field: Now, 
        therefore, be it
    Resolved, That the House of Representatives congratulates Lock 
Haven University of Pennsylvania for 140 years of excellence in higher 
education.
                                 <all>
```
**EXHIBIT 32.1**

 

**CERTIFICATION OF**

**CHIEF EXECUTIVE OFFICER AND CHIEFFINANCIAL OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

Pursuantto the requirement set forth in Rule 13a-14(b) of the SecuritiesExchange Act of 1934, as amended, (the “Exchange Act”) and Section 1350 ofChapter 63 of Title 18 of the United States Code (18 U.S.C. §1350), PaulGoddard, Chief Executive Officer of ARYx Therapeutics, Inc. (the “Company”),and John Varian, Chief Financial Officer of the Company, each hereby certifiesthat, to the best of his knowledge:

 

1.             The Company’s Quarterly Report on Form 10-Qfor the period ended March 31, 2009, to which this Certification isattached as Exhibit 32.1 (the “Periodic Report”), fully complies with therequirements of Section 13(a) or Section 15(d) of theExchange Act; and

 

2.             The information contained in thePeriodic Report fairly presents, in all material respects, the financialcondition and results of operations of the Company.

 

**INWITNESS WHEREOF**, theundersigned have set their hands hereto as of the 14th day of May, 2009.

 

 
| By:    | /s/  Paul Goddard, Ph.D.                           |   | By:    | /s/  John Varian                                     |
|--------|----------------------------------------------------|--------|--------|------------------------------------------------------|
|   | Paul Goddard, Ph.D.                                |   |   | John Varian                                          |
|   | Chairman of the Board  and Chief Executive Officer |   |   | Chief Operating Officer  and Chief Financial Officer |

 

 

Thiscertification accompanies the Form 10-Q to which it relates, is not deemedfiled with the Securities and Exchange Commission and is not to be incorporatedby reference into any filing of ARYx Therapeutics, Inc. under theSecurities Act of 1933, as amended, or the Securities Exchange Act of 1934, asamended (whether made before or after the date of the Form 10-Q),irrespective of any general incorporation language contained in such filing.

 

----
Exhibit 32.2





CERTIFICATION OF CHIEF FINANCIAL OFFICER





I, Cynthia Glaser, Chief Financial Officer, in connection with the annual report on Form 10-K of Sustainable Environmental Technologies Corporation (formerly RG Global Lifestyles, Inc.) for the fiscal year ended March 31, 2011 (the “Report”), hereby certify in accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





1. The Report containing the financial statements 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 Issuer.





/s/ Cynthia Glaser


Cynthia Glaser


Chief Financial Officer


Dated: June 29, 2011
| **-------------------------------------------------------------------------------------------------------------------------------------------------------** |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------|

| DOCUMENT: | **CL** | **1** |
|-----------|--------|-------|

|  | **Chicago        Mercantile Exchange** |
|--|-----------------------------------------|

| DATE: | 8/12/99 | FR        PAGE: | N/A | PAGES: | 8 | PDF        SIZE: | 325        KB | PDF        LINK: | cf9918c001.p |
|-------|---------|------------------|-----|--------|---|-------------------|----------------|-------------------|--------------|

|  | **-------------------------------------------------------------------------------------------------------------------------------------------------------** |
|--|-------------------------------------------------------------------------------------------------------------------------------------------------------------|

First
Previous
Next
Last
Exhibit 10.2


 


SECOND
MODIFICATION TO PROMISSORY NOTE


 


THIS
MODIFICATION TO PROMISSORY NOTE (this “Modification”) is entered into as of
October 18, 2005, by and between OVERSTOCK.COM, INC. (“Borrower”), and WELLS
FARGO BANK, NATIONAL ASSOCIATION (“Bank”).


 


RECITALS


 


WHEREAS,
Borrower is currently indebted to Bank pursuant to the terms and conditions of
that certain Revolving Line of Credit Note in the maximum principal amount of
$30,000,000.00, executed by Borrower and payable to the order of Bank, dated as
of December 22, 2004 (the “Note”), which Note is subject to the terms and
conditions of a loan agreement between Borrower and Bank dated as of February
13, 2004, as amended from time to time (the “Loan Agreement”).


 


WHEREAS,
Bank and Borrower have agreed to certain changes in the terms and conditions
set forth in the Note, and have agreed to modify the Note to reflect said
changes.


 


NOW,
THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree that the Note shall be modified
as follows:


 


1.             The maximum principal amount
available under the Note is hereby modified to be Thirty Million Dollars
($30,000,000.00).


 


2.             The fixed rate of interest
applicable to the Note is hereby modified to be one and thirty-five hundredths
percent (1.35%) above LIBOR in effect on the first day of each Fixed Rate Term.


 


3.             The effective date of the changes
set forth herein shall be October 18, 2005.


 


4.             Except as expressly set forth
herein, all terms and conditions of the Note remain in full force and effect,
without waiver or modification.  All
terms defined in the Note or the Loan Agreement shall have the same meaning
when used in this Modification.  This
Modification and the Note shall be read together, as one document.


 


5.             Borrower certifies that as of the
date of this Modification there exists no Event of Default under the Note, nor
any condition, act or event which with the giving of notice or the passage of
time or both would constitute any such Event of Default.


 


IN
WITNESS WHEREOF, the parties hereto have caused this Modification to be
executed as of the day and year first written above.


 


	
   

  	
  WELLS FARGO BANK,

  
	
  OVERSTOCK.COM, INC.

  	
  NATIONAL
  ASSOCIATION

  
	
   

  	
   

  
	
  By:

  	
   

  	
   

  	
  By:

  	
   

  	
   

  
	
   

  	
   

  	
  Lisbeth Hopper,

  
	
  Title:

  	
   

  	
   

  	
   

  	
  Relationship Manager

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  

  
							



 


1
#### UNITED STATES of America, Plaintiff-Appellee v. Sabina Luna VALDEZ, Defendant-Appellant.

No. 09-30480

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

June 22, 2010.

Camille Ann Domingue, Assistant U.S. Attorney, Brett L. Grayson, Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Louisiana, Lafayette, LA, for Plaintiff-Appellee.

Mark David Plaisance, Baker, LA, for Defendant-Appellant.

Before JOLLY, STEWART, and OWEN, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Sabina Luna Valdez has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Valdez has filed a response. The record is insufficiently developed to allow eonsider-*431ation at this time of Valdez’s claims of ineffective assistance of counsel; such claims generally “cannot be resolved on direct appeal when [they have] not been raised before the district court since no opportunity existed to develop the record on the merits of the allegations.” *United States v. Cantwell,*470 F.3d 1087, 1091 (5th Cir.2006) (internal quotation marks and citation omitted). Our independent review of the record, counsel’s brief, and Valdez’s response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2. Valdez’s motion for appointment of substitute counsel is DENIED. *Cf. United States v. Wagner,*158 F.3d 901, 902-03 (5th Cir.1998).

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *431published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-92,622-01

EX PARTE DONNIE RAY MEISMER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 59720-A IN THE 461ST DISTRICT COURT FROM 

BRAZORIA COUNTY

YEARY, J., filed a dissenting opinion in which SLAUGHTER, J., joined.

DISSENTING OPINION

Applicant was convicted of online solicitation of a minor and sentenced to fortytwo months’ imprisonment in violation of former Section 33.021(b) of the Penal Code.

TEX. PENAL CODE § 33.021(b). Applicant filed his post-conviction application for writ of

habeas corpus contending that the statute under which he was convicted was found 

unconstitutional. See TEX. CODE CRIM. PROC. art. 11.07.

Today, the Court grants post-conviction relief based on Ex parte Lo, in which the 

Court held Subsection (b) of the former online solicitation of a minor statute to be 

unconstitutional. See Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013). But Applicant 

has not demonstrated that his conduct constituted protected speech such that the statute 
Meismer — 2

may be said to have operated unconstitutionally as applied to him. I therefore dissent from 

the Court’s order granting summary post-conviction habeas corpus relief for the reasons 

stated in my dissenting opinions in Ex parte Fournier, 473 S.W.3d 789, 800–805 (Tex. 

Crim. App. 2015) (Yeary, J., dissenting), and Ex parte Chavez, 542 S.W.3d 583, 584–85 

(Tex. Crim. App. 2018) (Yeary, J., dissenting).

FILED: June 23, 2021

DO NOT PUBLISH
```

[Federal Register: June 24, 1998 (Volume 63, Number 121)]
[Notices]
[Page 34368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn98-56]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

TIME AND DATE: 11:00 a.m., Friday, July 24, 1998.

PLACE: 1155 21st St., N.W., Washington, D.C., 9th Floor Conference
Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Surveillance Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 98-16857 Filed 6-19-98; 4:31 pm]
BILLING CODE 6351-01-M
```

----

**======== RETURN TO INDEX    ========**

----
Exhibit 13.1



Certification

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title
18, United States Code)



Pursuant to section 906 of the
Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of Petróleos Mexicanos, a decentralized public entity of the Federal Government of the United
Mexican States (the Company), does hereby certify, to such officers knowledge, that:



The Annual Report on Form 20-F for the year ended December 31, 2004 (the Form 20-F) of the Company fully complies with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Form 20-F fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                           |  |                                                     
|-------------------------- |  | ----------------------------------------------------
|Dated:    October 14, 2005 |  | /s/    Luis Ramírez Corzo y Hernández               
|                           |  | Name:    Luis Ramírez Corzo y Hernández             
|                           |  | Title:      Director General/Chief Executive Officer
|                           |  |                                                     
|                           | 
|Dated:    October 14, 2005 |  | /s/    Juan José Suárez Coppel                      
|                           |  | Name:    Juan José Suárez Coppel                    
|                           |  | Title:      Chief Financial Officer
No. 274.

#### Mortgage Loan Co. et al. *v.*Livingston, Trustee in Bankruptcy.

October 14, 1935.

*Mr. Paul Bakewell, Jr.,*for petitioners.

No appearance for respondent.

Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied.
H. Res. 1219 

In the House of Representatives, U. S., 

July 19, 2010. 

Whereas millions of American children and youth represent 

the hopes and future of the United States; 

Whereas numerous individuals, children’s organizations, and 

youth-serving organizations that work with children and 

youth collaborate to provide invaluable services to enrich 

and better the lives of the young; 

Whereas heightening awareness of, and increasing support 

for, organizations that provide access to healthcare, social 

services, education, the arts, sports, and other services 

will assist in the development of character and the future 

success of youth in the United States; 

Whereas September is a time when parents, families, teachers, school administrators, and communities in general 

increase their focus on children and youth nationwide as 

the school year begins; 

Whereas September is a time for the people of the United 

States as a whole to highlight and be mindful of the 

needs of children and youth; 

Whereas the House of Representatives unanimously passed 

H. Res. 1296 in 2008 and H. Res. 438 in 2009 to support the designation of September as ‘‘National Child 

Awareness Month’’; 
2 

•HRES 1219 EH 

Whereas private corporations and businesses have joined with 

hundreds of national and local charitable organizations 

throughout the United States in support of a month-long 

focus on children and youth; and 

Whereas designating September as National Child Awareness 

Month would recognize that a long-term commitment to 

children and youth is in the public interest, and will encourage widespread support for the charities and organizations that seek to provide a better future for the children and youth of the United States: Now, therefore, be 

it 

Resolved, That the House of Representatives— 

(1) supports the designation of a National Child 

Awareness Month to promote awareness of children’s 

charities and youth-serving organizations across the 

United States; 

(2) recognizes the efforts of children’s charities and 

youth-serving organizations on behalf of children and 

youth as a critical contribution to the future of the 

United States; and 

(3) encourages the President to issue a proclamation to emphasize the importance of National Child 

Awareness Month. 

Attest: 

Clerk.
#### The People of the State of New York, Respondent, v Arleme Nesbitt, Appellant.

Submitted February 14, 2012;

decided February 16, 2012

Reported below, 89 AD3d 447.

Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th *914Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.