alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Genghis Khan A. STEVENSON, Plaintiff-Appellant, v. R. HARMON, Correctional Officer; et al., Defendants-Appellees.

No. 09-56560.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 13, 2010.*

Filed Oct. 12, 2010.

Genghis Khan A. Stevenson, Delano, CA, pro se.

John Paul Walters, II, Esquire, Office of the California Attorney General, San Diego, CA, for Defendants-Appellees.

Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

*

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

*275MEMORANDUM **

Genghis Khan A. Stevenson, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that correctional officers retaliated against him for filing prison grievances. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. *Childress v. Darby Lumber, Inc.,*357 F.3d 1000, 1009 (9th Cir.2004). We affirm.

Stevenson contends that the district court abused its discretion by entering summary judgment before he had adequate time to conduct discovery and oppose summary judgment. There was no abuse of discretion because almost seven months elapsed between the time the motion for summary judgment was filed and when it was granted, the district court granted Stevenson’s motion for an extension of time and motion for a continuance under Federal Rule of Civil Procedure 56(f), and Stevenson did not make any further requests for additional time to file an opposition. *See Foti v. City of Menlo Park,*146 F.3d 629, 638 (9th Cir.1998) (courts of appeal generally do not consider an issue not addressed in district court).

Stevenson’s contention that the district court erred by adopting the magistrate judge’s report and recommendations before Stevenson had the opportunity to file objections is also unpersuasive because he was in possession of the report and recommendation for over two weeks before objections were due and did not seek additional time to file objections. *See id.; see also United States v. Reyna-Tapia,*328 F.3d 1114, 1121 (9th Cir.2003) (“[T]he district judge must review the magistrate judge’s findings and recommendations de novo if objection is made, but not otherwise.”).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1295 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. RES. 1295

Celebrating the role of mothers in the United States and supporting the 
                   goals and ideals of Mother's Day.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2010

Mr. Fortenberry submitted the following resolution; which was referred 
          to the Committee on Oversight and Government Reform

_______________________________________________________________________

                               RESOLUTION

 
Celebrating the role of mothers in the United States and supporting the 
                   goals and ideals of Mother's Day.

Whereas Mother's Day is celebrated on the second Sunday of each May;
Whereas the first official Mother's Day was observed on May 10, 1908, in 
        Grafton, West Virginia, and Philadelphia, Pennsylvania;
Whereas 2010 is the 102nd anniversary of the first official Mother's Day 
        observation;
Whereas in 1908, Elmer Burkett, a U.S. senator from Nebraska, proposed making 
        Mother's Day a national holiday;
Whereas in 1914, Congress passed a resolution designating the second Sunday of 
        May as Mother's Day;
Whereas it is estimated that there are more than 82,000,000 mothers in the 
        United States;
Whereas mothers have made immeasurable contributions toward building strong 
        families, thriving communities, and ultimately a strong Nation;
Whereas the services rendered to the children of the United States by their 
        mothers have strengthened and inspired the Nation throughout its 
        history;
Whereas George Washington said, ``My mother was the most beautiful woman I ever 
        saw. All I am I owe to my mother. I attribute all my success in life to 
        the moral, intellectual, and physical education I received from her.'';
Whereas Abraham Lincoln said, ``All that I am or ever hope to be, I owe to my 
        angel mother.'';
Whereas we honor ourselves and mothers in the United States when we revere and 
        emphasize the importance of the role of the home and family as the true 
        foundation of the Nation;
Whereas mothers continue to rise to the challenge of raising their families with 
        love, understanding, and compassion, while overcoming the challenges of 
        modern society; and
Whereas May 9, 2010, is recognized as Mother's Day: Now, therefore, be it
    Resolved, That the House of Representatives celebrates the role of 
mothers in the United States and supports the goals and ideals of 
Mother's Day.
                                 <all>
```
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 127 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. RES. 127

    Providing amounts for the expenses of the Committee on Homeland 
             Security in the One Hundred Eleventh Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 2009

  Mr. Thompson of Mississippi (for himself and Mr. King of New York) 
submitted the following resolution; which was referred to the Committee 
                        on House Administration

_______________________________________________________________________

                               RESOLUTION

 
    Providing amounts for the expenses of the Committee on Homeland 
             Security in the One Hundred Eleventh Congress.

    Resolved,

SECTION 1. AMOUNTS FOR COMMITTEE EXPENSES.

    For the expenses of the Committee on Homeland Security (hereafter 
in this resolution referred to as the ``Committee''), including the 
expenses of all staff salaries, there shall be paid, out of the 
applicable accounts of the House of Representatives for committee 
salaries and expenses, not more than $17,832,436 for the One Hundred 
Eleventh Congress.

SEC. 2. SESSION LIMITATIONS.

    Of the amount specified in section 1--
            (1) not more than $8,718,127 shall be available for 
        expenses incurred during the period beginning at noon on 
        January 3, 2009, and ending immediately before noon on January 
        3, 2010; and
            (2) not more than $9,114,309 shall be available for 
        expenses incurred during the period beginning at noon on 
        January 3, 2010, and ending immediately before noon on January 
        3, 2011.

SEC. 3. VOUCHERS.

    Payments under this resolution shall be made on vouchers authorized 
by the Committee, signed by the Chairman of the Committee, and approved 
in the manner directed by the Committee on House Administration.

SEC. 4. REGULATIONS.

    Amounts made available under this resolution shall be expended in 
accordance with regulations prescribed by the Committee on House 
Administration.
                                 <all>
```
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-1486

BIZMARK, INCORPORATED,

Plaintiff - Appellant,

versus

AIR PRODUCTS, INCORPORATED,

Defendant - Appellee.

Appeal from the United States District Court for the Western

District of Virginia, at Big Stone Gap. Glen M. Williams, Senior

District Judge. (2:04-cv-00109-GMW)

Submitted: December 11, 2006 Decided: December 29, 2006

Before NIEMEYER and WILLIAMS, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Joe H. Roberts, JOE H. ROBERTS, P.C., Wise, Virginia, for

Appellant. J. Scott Sexton, Monica Taylor Monday, Ryan C. Berry,

GENTRY, LOCKE, RAKES & MOORE, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Bizmark, Incorporated appeals the district court’s

judgment and order accepting the recommendation of the magistrate

judge and granting summary judgment to Air Products, Incorporated.

We have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the magistrate

judge and adopted by the district court. See Bizmark, Inc. v. Air

Products, Inc., 427 F. Supp. 680 (W.D. Va. 2006). We dispense 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
<PAGE>

                                                              EXHIBIT 23
                       Consent of Independent Auditors
                                       

We consent to the incorporation by reference in the Registration Statement 
(Form S-8 No. 333-18495) pertaining to the 1996 Stock Incentive Plan of 
Aftermarket Technology Corp. of our report dated February 22, 1999 (except 
for Note 22, as to which the date was March 26, 1999) with respect to the 
consolidated financial statements and schedule of Aftermarket Technology 
Corp. included in the Annual Report (Form 10-K) for the year ended 
December 31, 1998.


Ernst & Young LLP

Chicago, Illinois
March 26, 1999
Exhibit
32.1





CERTIFICATION
OF PRINCIPAL EXECUTIVE 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 accompanying Form 10-K of Community Bank Shares of Indiana,
Inc. (the “Company”) for the year ended December 31, 2007, I, James D. Rickard,
Chief Executive Officer of Community Bank Shares of Indiana, Inc., hereby
certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:





(1)  Such
Form 10-K for the year ended December 31, 2007 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 Form 10-K for the year ended December 31, 2007
fairly presents, in all material respects, the financial condition and results
of operation of the Company.








By:         /s/ James D.
Rickard


James D.
Rickard


President and


Chief Executive Officer





Date:  March
31, 2008





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.





This
certification shall not be deemed filed by the Company for purposes of §18 of
the Securities Exchange Act of 1934, as amended.
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-19-00094-CR

JAMES RAY GREGORY, Appellant

V.

THE STATE OF TEXAS

§

§

§

§

§

On Appeal from the 372nd District Court

of Tarrant County (1505100D)

January 14, 2021

Memorandum Opinion by Justice Wallach

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that there 

was no error in the trial court’s judgment. It is ordered that the judgment of the trial 

court is affirmed.

SECOND DISTRICT COURT OF APPEALS

By __/s/ Mike Wallach__________________

 Justice Mike Wallach
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 Quarterly Report of Jesters Resources, Inc. (the "Company") on Form 10-Q for the period ended April 30, 2008, as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Yanhua Xu, Chief Executive Officer and 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:

|(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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|   
|    | Dated this 10thday of June, 2008.                                                                                                                    
|   

YANHUA XUYanhua Xu, Chief Executive Officer and 
                                                                                                             Chief Financial Officer

---
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



I,
Roger M. Ponder , hereby 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
                                         Annual Report on Form 10-Q of Mantra Venture Group Ltd. for the period ended August 31,
                                         2017 (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 Mantra Venture Group Ltd.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Dated:
October 19, 2017



|/s/
    Roger Ponder                                               | 
|------------------------------------------------------------------ | 
|Roger
    Ponder                                                   | 
|Chief
    Executive Officer and Director                           | 
|(Principal
    Executive Officer,                                  | 
|Principal
    Financial Officer and
 Principal Accounting Officer) | 
|Mantra
    Venture Group Ltd.                                      |
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: G. H. MILLER AND COMPANY; GILBERT H. MILLER; HOWARD RANDOLPH, D/B/A 

RANDOLPH AND COMPANY; REFRIGERATED PRODUCTS, INC.; J.W. HARDING; CENTRAL IOWA 

POULTRY AND EGG COMPANY; JOHN H. SNOWGREN; ALLEN HEADLEE, D/B/A HEADLEE PRODUCE 

COMPANY; E.E. HUMMEL AND K. HUMMEL, D/B/A HUMMEL PRODUCE COMPANY; ALBERT SCHIRM, 

D/B/A SCHIRM PRODUCE COMPANY; LEO HAGEN; A.L. MYRICK, D/B/A MARKET PRODUCE 

COMPANY; LEWIS R. VAN SANT AND ROY ROUNTREE, D/B/A DATED EGG COMPANY 

DOCKET NUMBER: 60 

DATE: JANUARY 8, 1957 

DOCUMENT TYPE: STAY ORDER 

UNITED STATES DEPARTMENT OF AGRICULTURE 

BEFORE THE SECRETARY OF AGRICULTURE 

In re G. H. Miller and Company, et al., Respondents 

CEA Docket No. 60 

Stay Order 

On December 31, 1956, an order was entered in this proceeding dismissing 

respondents' petition for reconsideration and reinstating the order of September 

25, 1956, prescribing sanctions to become effective on February 1, 1957. We 

have been informed that the respondents are about to file an appeal in the 

United States Court of Appeals for the Seventh Circuit. Accordingly, the order 

of December 31, 1956, is stayed pending the outcome of the court appeal. 

Copies hereof shall be served upon the parties and upon the contract markets. 

Done at Washington, D. C., this 

8 day of January 1957 

/s/ Thomas J. Flavin 

Judicial Officer 

LOAD-DATE: June 12, 2008 
Page 2
| 1.   | The      Report fully complies with the requirements of Section 13(a) of the      Securities Exchange Act of 1934;and |
|----------------|-----------------------------------------------------------------------------------------------------------------------|

| 2.   | The      information contained in the Report fairly presents, in all material      respects, the consolidated financial condition of the Company as of the      dates presented and the consolidated result of operations of the Company      for the periods presented. |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/Siew      Mee Fam                                                            |
|--------|---------------------------------------------------------------------------------|
|   |                                                                            |
| Name:  | Siew      Mee Fam                                                               |
|   |                                                                            |
| Title: | Principal      Executive Officer, Principal      Financial Officer and Director |
|   |                                                                            |
| Date:  | April      30, 2009                                                             |
H. Res. 1460 

In the House of Representatives, U. S., 

July 1, 2010. 

Whereas bees, birds, butterflies, and other pollinators are 

vital to sustaining a healthy ecosystem; 

Whereas pollinators are responsible for an estimated 1 out of 

every 3 bites of food that we eat; 

Whereas diversity of pollinators is necessary for diversity of 

plant life and the security of our food supply; 

Whereas a decline in pollinators would adversely impact animal species that eat pollinating plants; 

Whereas colony collapse disorder has caused an alarming decline in the population of honey bees, one of the most important pollinators; 

Whereas the United States Senate designated the last week 

of June as National Pollinator Week in 2006; and 

Whereas the majority of States have recognized June 21–27, 

2010, as National Pollinator Week: Now, therefore, be it 

Resolved, That the House of Representatives— 

(1) recognizes the importance of pollinators in agriculture and in maintaining our diverse ecosystem; and 
2 

•HRES 1460 EH 

(2) supports the goals and ideals of National Pollinator Week. 

Attest: 

Clerk.
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: D. PETER ANDERSON 

DOCKET NUMBER: 159 

DATE: MARCH 2, 1970 

DOCUMENT TYPE: CEASE AND DESIST ORDER 

Docket No. 159 

Name: D. Peter Anderson 

Effective March 2, 1970 

Effective immediately, respondents The Siegel Trading Co., Inc., and D. Peter 

Anderson shall cease and desist from closing out, or causing to be closed out, 

on any basis other than a "day trade" basis any purchase and sale of commodity 

futures that may be closed out on a "day trade" basis, unless this is done with 

the prior knowledge and consent of the customer for whom such purchase and sale 

are made. 

Done at Washington, D.C. 

March 2, 1970 

Thomas J. Flavin 

Judicial Officer 

LOAD-DATE: June 16, 2008 
Page 2 
Page 3
No. 357.

#### De La Ysla *v.*United States.

October 14, 1935.

*Mr. Roque Espíritu De La Ysla, pro se.*

No appearance for the United States.

Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit and motion for leave to proceed further *in forma pauperis*denied.
exv10w24



 






EXHIBIT 10.24




FIRST AMENDMENT TO

LOAN AGREEMENT




     THIS FIRST AMENDMENT TO LOAN AGREEMENT (this “Amendment”), dated as of August 21,
2003, is entered into between HOWARD SHAO (the “Lender”), and NATURADE, INC., a Delaware
corporation (the “Borrower”).



RECITALS




     A. The Borrower and the Lender have entered into a LOAN AGREEMENT dated as of August 31, 2000,
(the “Loan Agreement”). Capitalized terms used herein have the meanings given to them in
the Loan Agreement unless otherwise specified.



     B. The Borrower has requested that the Lender amend the payment provisions of the Loan
Agreement.



AMENDMENT




     NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained,
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:




	 	1.	 	Amendments to Loan Agreement.






	 	a.	 	Effective September 1, 2003 and continuing until the Loan
Agreement is paid in full, interest shall be paid in arrears at a rate of
fifteen percent (15.00%) per annum. All accrued interest will be paid in
quarterly installments beginning December 1, 2003 and continuing until the
Loan Agreement is paid in full.
	 
	 	b.	 	On September 1, 2003, the Borrower will pay all interest due
up to and including August 31, 2003 at a rate of eight percent (8%) per annum.
	 
	 	c.	 	Principal payments on the Loan Agreement will be paid as
follows:





	 	 	 	 	 
	September 15, 2003
	 	$	20,000.00	 
	October 15, 2003
	 	$	20,000.00	 
	January 15, 2004
	 	$	10,000.00	 
	February 15, 2004
	 	$	10,000.00	 
	March 15, 2004
	 	$	10,000.00	 
	April 15, 2004
	 	$	10,000.00	 
	May 15, 2004
	 	$	10,000.00	 
	June 15, 2004
	 	$	10,000.00	 
	July 15, 2004
	 	$	10,000.00	 
	August 15, 2004
	 	$	92,345.22	 






 









 







	 	d.	 	In the event any payment of principal is not received by the
Lender within 10 business days of the scheduled due date, a two percent
(2.00%) per annum penalty rate will be assessed for each day payment is late
from the original due date.





     IN WITNESS WHEREOF, the parties have entered into this Amendment as of the date first above
written.



	 	 	 	 	 
	 	NATURADE, INC.,

a Delaware corporation

 	 
	 	By:  	/s/ Bill D. Stewart
 	 
	 	 	Name:  	Bill D. Stewart 	 
	 	 	Title:  	Chief Executive Officer 	 



	 	 	 	 	 
	 	By:  	/s/ Howard Shao
 	 
	 	 	Name:  	Howard Shao