alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Shauna SHOOP; James L. Shoop, Plaintiffs—Appellants, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indenture Trustee for American Home Mortgage Investment Trust 2006-1, Mortgage-Backed Notes Series 2006-1, Defendant—Appellee.

No. 10-16440.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 19, 2011.*

Filed Jan. 6, 2012.

*647Shauna Shoop, Angels Camp, CA, pro se.

James L. Shoop, Angels Camp, CA, pro se.

Peter M. Watson, Jonathan M. Zak, Wright, Finlay & Zak, LLP, Newport Beach, CA, for Defendant-Appellee.

Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.

*

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

MEMORANDUM **

Shauna Shoop and James L. Shoop appeal pro se from the district court’s judgment sua sponte dismissing their action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, *Omar v. Sear-Land, Serv., Inc.,*813 F.2d 986, 991 (9th Cir.1987), and we affirm.

The district court properly dismissed the Shoops’ Truth in Lending Act claims as time-barred. *See*15 U.S.C. § 1635(f) (right of rescission must be exercised within three years of consummation of the transaction); 15 U.S.C. § 1640(e) (an action for damages must be brought within one year of the alleged violation).

The district court did not err by dismissing the Shoops’ action sua sponte for failure to state a claim despite not providing the Shoops notice and an opportunity to oppose dismissal. *See Sparling v. Hoffman Constr. Co.,*864 F.2d 635, 638 (9th Cir.1988) (trial court may sua sponte dismiss for failure to state a claim without notice or an opportunity to respond where “the plaintiffs cannot possibly win relief’ (alteration, citation and internal quotation marks omitted)).

The Shoops’ remaining contentions are unpersuasive.

We do not consider matters not specifically and distinctly raised and argued in the opening brief, nor 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.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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 accompanying Quarterly Report on Form 10-Q/A of Kraig Biocraft Laboratories, Inc. for the period ended March 31, 2011 (the “Report”), I, Kim Thompson, Chief Executive Officer and Chief Financial Officer of Kraig Biocraft Laboratories, 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.
The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and2.
The information contained in the Report fairly represents in all material respects, the financial condition and results of operations of Kraig Biocraft Laboratories, Inc.








Date: August 2, 2011





/s/ Kim ThompsonKim Thompson

Chief Executive Officer (principal executive officer) and

Chief Financial Officer (principal financial and accounting 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.
No. 622, Misc.

#### Goodman *v.*Swenson, Warden.

Court of Appeals of Maryland.

Certiorari denied.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 10 Engrossed in House (EH)]

                In the House of Representatives, U. S.,

                                                       January 6, 2009.
    Resolved, That unless otherwise ordered, before Monday, May 18, 2009, the 
hour of daily meeting of the House shall be 2 p.m. on Mondays; noon on Tuesdays; 
and 10 a.m. on all other days of the week; and from Monday, May 18, 2009, until 
the end of the first session, the hour of daily meeting of the House shall be 
noon on Mondays; 10 a.m. on Tuesdays, Wednesdays, and Thursdays; and 9 a.m. on 
all other days of the week.
            Attest:

                                                                          Clerk.
```
H. Res. 1383 

In the House of Representatives, U. S., 

June 15, 2010. 

Whereas, on May 3, 2010, the U.S. Department of Education 

announced the retirement of National FFA Advisor Dr. 

Larry Case, effective January 1, 2011, after 26 years of 

service in that capacity; 

Whereas a former FFA member from Stet, Missouri, Dr. 

Case earned his bachelor’s degree in agricultural education, master’s degree in vocational education, and doctor of education from the University of Missouri; 

Whereas Dr. Case began his career in 1966 as a high school 

agricultural education instructor in Mendon, Missouri; 

Whereas Dr. Case served as the Missouri director of agricultural education for seven years; 

Whereas in 1984, Dr. Case left Missouri for Washington, 

DC, where he became the senior program specialist and 

coordinator for agricultural and rural education; 

Whereas in addition to serving as the National FFA Advisor, 

Dr. Case served as the Chief Executive Officer and 

Chairman of the Board of Directors of the National FFA 

organization and Board President of the National FFA 

Foundation Board of Trustees; 

Whereas in addition to helping form the National Council for 

Agricultural Education, Dr. Case also served as National 
2 

•HRES 1383 EH 

Advisor to the National Young Farmer Educational Association, National Advisor and Chairman of the Board for 

the National Postsecondary Student Organization, and 

Chairman of the National Council for Vocational and 

Technical Education in Agriculture; 

Whereas during his tenure, FFA saw tremendous growth in 

membership and educational innovation, and was able to 

personally congratulate more than 50,000 young FFA 

leaders; and 

Whereas Dr. Case has provided agricultural education and 

the FFA with strong leadership and a strategic vision for 

the future, and agriculture owes him a debt of gratitude 

for his good work: Now, therefore, be it 

Resolved, That the House of Representatives honors Dr. 

Larry Case on his retirement as National FFA Advisor. 

Attest: 

Clerk.
**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**




Pursuant
      to 18 U.S.C. §1350 (adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002),
      I, the undersigned Chief Executive Officer of Aftermarket Technology Corp.
      (the
      "Company"), hereby certify that to the best of my knowledge the Annual Report
      on
      Form 10-K of the Company for the year ended December 31, 2005 (the "Report")
      fully complies with the requirements of section 13(a) or 15(d) of the Securities
      Exchange Act of 1934, as amended, and that information contained in the Report
      fairly presents, in all material respects, the financial condition and results
      of operations of the Company.








Date:
      March 1, 2006





/s/
                Donald T. Johnson, Jr.Donald
                T. Johnson, Jr., Chief Executive Officer





This
      certification will not be deemed “filed” for purposes of Section 18 of the
      Exchange Act, or otherwise subject to the liability of that section. This
      certification will not be deemed to be incorporated by reference into any filing
      under the Securities Act or the Exchange Act, except to the extent that the
      registrant specifically incorporates it by reference.
EXHIBIT
        10.14

       

      
        	Date:	
                May
                  15, 2005

              


      

       

      
        	Memo
                to:	
                Jerry
                  Gutterman

              


      

       

      
        	From:	
                Michael
                  Bissonnette

              


      

       

      
        	Subject:	
                New
                  Consulting Agreement Effective
                  5/16/05

              


      

       

      Dear
        Jerry,

       

      I
        am
        pleased to extend our consulting agreement with AeroGrow International, Inc.
        under the following terms:

      


      You
        will
        continue as its Chief Financial Officer, Secretary and Director to be effective
        May 16, 2005.

      


      Your
        compensation will be at the rate of $100 per hour and 100 shares of AeroGrow
        International, Inc. common stock for every hour or part of an hour
        worked.

      


      You
        will
        be guaranteed a monthly retainer of $5,000, part of which will be deferred
        as
        follows:

       

      You
        will
        be paid in cash at the rate of $75 per hour and $25 per hour will be deferred
        until the private placement has been completed. At that time, the total amount
        of the deferred compensation will be paid in full with no future deferral.
        If
        your hours worked are less than 28 per month, a minimum payment of $2,800
        will
        be paid in cash and $2,200 will be deferred.

       

      You
        will
        come to Boulder on an as needed basis to perform the functions of Chief
        Financial Officer and Director.

      


      I
        look
        forward to a long and mutually rewarding working relationship
        together.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          21,845
<SECURITIES>                                    12,075
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                35,620
<PP&E>                                          16,544
<DEPRECIATION>                                   9,037
<TOTAL-ASSETS>                                  47,298
<CURRENT-LIABILITIES>                           13,715
<BONDS>                                          4,461
<PREFERRED-MANDATORY>                           28,235
<PREFERRED>                                          0
<COMMON>                                            33
<OTHER-SE>                                     (1,146)
<TOTAL-LIABILITY-AND-EQUITY>                    47,298
<SALES>                                              0
<TOTAL-REVENUES>                                 2,286
<CGS>                                                0
<TOTAL-COSTS>                                      482
<OTHER-EXPENSES>                                47,455
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 574
<INCOME-PRETAX>                               (38,899)
<INCOME-TAX>                                        19
<INCOME-CONTINUING>                           (38,908)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (38,908)
<EPS-PRIMARY>                                   (2.09)
<EPS-DILUTED>                                   (2.09)
        

</TABLE>
Exhibit 32.1

AMPIO PHARMACEUTICALS, INC. AND SUBSIDIARIES

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 filing of the quarterly report on Form 10-Q for the quarter ended June 30, 2010 (the Report) by Ampio
Pharmaceuticals, Inc. (the Company), each of the undersigned hereby certifies that:



|1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, 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: August 16, 2010 |  |  |  |  |  | /S/    DONALD B.
WINGERTER, JR.                 
|                       |  |  |  |  |  | Donald B. Wingerter, Jr.
Chief Executive Officer
|                       |  |  | 
|Dated: August 16, 2010 |  |  |  |  |  | /S/    BRUCE G.
MILLER                          
|                       |  |  |  |  |  | Bruce G. Miller
Chief Financial Officer
**Supplement to the**

**Fidelity**®**Diversified International Fund Class K (FDIKX), Fidelity Emerging Markets Fund Class K (FKEMX),**
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: ANTHONY ERICK ESTRADA,

 Relator.

§

§

§

§

No. 08-11-00323-CR

AN ORIGINAL PROCEEDING

 IN MANDAMUS

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator, Anthony Estrada, pro se, has filed a petition for writ of mandamus, requesting 

that this Court order the Honorable Marcos Lizarraga, judge of the 168th Judicial District Court 

of El Paso County, to grant Relator’s motion nunc pro tunc, to correct Relator's record as an 

inmate in the Institutional Division of the Texas Department of Criminal Justice to reflect “back 

time credit.”

Relief by writ of mandamus is appropriate in instances where the relator demonstrates 

that there is no adequate remedy at law available to correct the alleged harm, and that the action 

sought is not discretionary. See Simon v. Levario, 306 S.W.3d 318, 320 (Tex.Crim.App. 2009)

(orig. proceeding). Based on the record before us, Relator has not demonstrated he is entitled to 

mandamus relief. See TEX.R.APP.P. 52.3. Accordingly, the petition is DENIED. 

January 25, 2012 ________________________________________________

ANN CRAWFORD McCLURE, Chief Justice

Before McClure, C.J., Rivera, and Antcliff, JJ.
#### Joseph McMORRIS, Jr., Plaintiff-Appellant, v. Lt. Jon SHERFIELD; Deputy Kevin Smith, Defendants-Appellees, and Union County Sheriffs Department, Defendant.

No. 11-7476.

United States Court of Appeals, Fourth Circuit.

Submitted: Feb. 9, 2012.

Decided: Feb. 14, 2012.

Joseph McMorris, Jr., Appellant Pro Se. Russell W. Harter, Jr., Chapman, Harter & Groves, PA, Greenville, South Carolina, for Appellees.

Before WILKINSON, AGEE, and FLOYD, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Joseph McMorris, Jr. seeks to appeal the district court’s order granting summary judgment to the Defendants in his 42 U.S.C. § 1983 (2006) action. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

Parties are accorded thirty days after the entry of the district court’s final judg*258ment or order to note an appeal, Fed. R.App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R.App. P. 4(a)(5), or reopens the appeal period under Fed. R.App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” *Bowles v. Russell,*551 U.S. 205, 214, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court’s order was entered on the docket on January 4, 2011, 2011 WL 13457. The notice of appeal was filed on November 3, 2011. Because McMorris failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal for lack of jurisdiction.

*DISMISSED.*
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1428 Engrossed in House (EH)]

H. Res. 1428

                In the House of Representatives, U. S.,

                                                     November 16, 2010.
Whereas Brooklyn Botanic Garden opened to the public in 1910;
Whereas the Brooklyn Botanic Garden is a 52-acre urban oasis in the heart of 
        Brooklyn, New York, and features more than 11,000 different kinds of 
        plants from around the world;
Whereas the Brooklyn Botanic Garden is made up of many exquisite and historic 
        specialty gardens, including the Japanese-Hill-and-Pond-Garden, the 
        Children's Garden, the Native Flora Garden, the Cranford Rose Garden, 
        the Alice Recknagel Ireys Fragrance Garden, and the Steinhardt 
        Conservatory;
Whereas more than 730,000 visitors a year enjoy the Brooklyn Botanic Garden;
Whereas the Brooklyn Botanic Garden is host to a world renown Cherry Blossom 
        Festival;
Whereas the Brooklyn Botanic Garden provides premier environmental education for 
        children and adults;
Whereas the Brooklyn Botanic Garden improves public education in Brooklyn 
        through a partnership with the Brooklyn Academy of Science and the 
        Environment High School and has provided valuable training, curriculum 
        development, and field study opportunities that would otherwise not be 
        available;
Whereas the people of Brooklyn enjoy spending time in the beautiful gardens, 
        making it a center for socializing, recreation, and education; and
Whereas the Brooklyn Botanic Garden has become an integral part of the cultural 
        life and economic development of Brooklyn and provides an invaluable 
        service to residents: Now, therefore, be it
    Resolved, That the House of Representatives recognizes the Brooklyn Botanic 
Gardens on its 100th anniversary as the preeminent horticultural attraction in 
the borough of Brooklyn and for its longstanding commitment to environmental 
stewardship and education for the City of New York.
            Attest:

                                                                          Clerk.
```
# C_2010348EN.01000601.xml

| 21.12.2010 | EN | Official Journal of the European Union | C 348/6 |
| --- | --- | --- | --- |

21.12.2010

EN

Official Journal of the European Union

C 348/6

---

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 13 February 2009 concerning a preliminary draft Commission decision on the deletion of Article 7 of Decision 2007/53/EC relating to a proceeding pursuant to Article 82 of the EC Treaty and Article 54 of the EEA agreement against Microsoft Corporation and repealing Decision C(2005) 2988 final

Rapporteur: Czech Republic

2010/C 348/06

| 1. | The Advisory Committee agrees with the Commission that the Article 7 of the Decision 2007/53/EC shall be deleted and the Decision C(2005) 2988 final shall be repealed. |
| --- | --- |

1.

The Advisory Committee agrees with the Commission that the Article 7 of the Decision 2007/53/EC shall be deleted and the Decision C(2005) 2988 final shall be repealed.

| 2. | The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. |
| --- | --- |

2.

The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.

Official Journal of the European Union.

---
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.                  

###### Federal Maritime Commission

                    The Commission hereby gives notice of the filing of the following agreement(s) under the Shipping Act of 1984. Interested parties can review or obtain copies of agreements at the Washington, DC offices of the Commission, 800 North Capitol Street, NW., Room 940. Interested parties may submit comments on an agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within 10 days of the date this notice appears in the                     **Federal Register.**

*Agreement No.:*                     010746-009                 

*Title:*                     Columbus/P&O Nedlloyd Space Charter and Sailing Agreement                 

*Parties:*

Hamburg-Sud 

P&O Nedlloyd Limited 

*Synopsis:*                     The proposed modification revises the geographic scope by deleting U.S. Pacific Coast ports and ports on various Pacific Islands and adding ports in Jamaica and Panama. The modification also updates and restates the agreement.                 

*Agreement No.:*                     011683-001                 

*Title:*                     Contship/CMA CGM/Marfret Space Charter and Sailing Agreement                 

*Parties:*

CMA CGM, S.A. 

Compagnie Maritime Marfret 

Contship Containerlines Limited 

*Synopsis:*                     The proposed amendment adds Jamaica and Panama to the agreement's scope, increases the number of vessels currently employed from 8 to 9, increases the maximum authorized from 10 to 12 vessels, and revises space allocations.                 

Dated: June 1, 2001.

By Order of the Federal Maritime Commission. 

Bryant L. VanBrakle, 

Secretary. 

[FR Doc. 01-14296 Filed 6-6-01; 8:45 am] 

BILLING CODE 6730-01-P