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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSEPH ANTONETTI,

Plaintiff-Appellant,

 v.

FOSTER; et al.,

Defendants-Appellees.

No. 15-17187

D.C. No. 3:14-cv-00495-JAD-VPC

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Jennifer A. Dorsey, District Judge, Presiding

Submitted May 24, 2017**

Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON, 

Circuit Judges.

Nevada state prisoner Joseph Antonetti appeals pro se from the district 

court’s order dismissing for failure to comply with a court order his 42 U.S.C. 

§ 1983 action alleging numerous constitutional and statutory violations. We have 

 

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

except as provided by Ninth Circuit Rule 36-3.

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

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

FILED

MAY 31 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 15-17187 

jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. 

Edwards v. Marin Park, Inc., 356 F.3d 1058, 1063 (9th Cir. 2004). We affirm.

Because the record shows that Antonetti stood on his first amended 

complaint, the district court abused its discretion by converting the 28 U.S.C. 

§ 1915A dismissal of Antonetti’s claims into a Federal Rule of Civil Procedure 

41(b) sanction. See id. at 1064-65 (dismissal under Rule 41(b) is not appropriate 

where the plaintiff makes an affirmative choice not to amend the complaint).

Nevertheless, dismissal of Antonetti’s first amended complaint under 28 

U.S.C. § 1915A was proper because the first amended complaint did not comply 

with Federal Rules of Civil Procedure 8(a) and 20(a). See Cafasso, U.S. ex rel. v. 

General Dynamics C4 Systems, Inc., 637 F.3d 1047, 1058-59 (9th Cir. 2011) 

(describing requirements of Rule 8(a)); Coughlin v. Rogers, 130 F.3d 1348, 1351 

(9th Cir. 1997) (describing requirements for permissive joinder of parties under 

Rule 20(a)); see also Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) (setting

forth standard of review).

The district court properly denied Antonetti’s motion for class certification 

because, as a pro se litigant, Antonetti has no authority to represent anyone other 

than himself. See C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th 
3 15-17187 

Cir. 1987) (“Although a non-attorney may appear in propria persona in his own 

behalf, that privilege is personal to him. . . . He has no authority to appear as an 

attorney for others than himself.” (citation omitted)).

The district court did not abuse its discretion by denying Antonetti’s motion 

for appointment of counsel because Antonetti failed to demonstrate exceptional 

circumstances. See Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (setting 

forth standard of review and exceptional circumstances requirement for 

appointment of counsel).

AFFIRMED.
**Exhibit 10.10**

**Extension of Note to Mr. Vittoria**

 

Joseph V. Vittoria

1616 South Ocean Boulevard

Palm Beach, FL 33480

(T) 561 659 0860 (F) 561 659 1045

 

 

Puradyn Filter Technologies, Inc.

2017 High Ridge Road

Boynton Beach, FL 33426

Attention: Cindy L. Gimler, CFO

 

February 23, 2009

 

| RE: | Standby Commitment Agreement Amendment #11 |
|-----|--------------------------------------------|

 

Dear Ms. Gimler:

 

Pursuant to the Standby Commitment Agreement letters dated March 28, 2002, and March 14, 2003 and all Amendments thereto, I, Joseph Vittoria (the “Lending Party”), agree to extend the payback dates from December 31, 2009 to December 31, 2010.

 

All other terms defined in the original Standby Commitment Agreement letters and the Amendments thereto, not otherwise in conflict with this Amendment, shall remain in full force and effect.

 

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and delivered by the respective officers hereunto duly authorized on the date first written above.

 

 

|   | By: /s/ | Joseph V. Vittoria |
|--------|---------|--------------------|
|   |    | Joseph V. Vittoria |

 

 

 

Accepted and Agreed:

Puradyn Filter Technologies, Inc.

 

 

| By: /s/ | Cindy Lea Gimler |  
 

Cindy L. Gimler, Chief Financial Officer

  |
|---------|------------------|-----------------------------------------------------------------|
STATE v. Lorenzo DUARTE.

No. 653P05.

Supreme Court of North Carolina.

January 26, 2006.

Daniel P. O'Brien, Assistant Attorney General, Jeff Hunt, District Attorney, for State.

William D. Auman, for Duarte.

The following order has been entered on the motion filed on the 16th day of December 2005 by Defendant for Appeal:

"Motion Dismissed ex mero motu by order of the Court in conference this the 26th day of January 2006."
KEENER v. ARNOLD.

No. COA05-455.

North Carolina Court of Appeals.

Filed December 20, 2005.

Certification Date January 9, 2006.

Appeal from Washington (99CVD231)

Case without published opinion. Affirmed in Part, Vacated in Part.
**EXHIBIT
      32.1**




**CERTIFICATION
      PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**


**(18
      U.S.C. SECTION 1350)**




In
      connection with the Quarterly Report of Telanetix, Inc., a Delaware corporation
      (the “Company”), on Form 10-QSB for the quarter ending March 31, 2006, as filed
      with the Securities and Exchange Commission (the “Report”), Thomas A. Szabo,
      Chief Executive Officer of the Company, does each hereby certify, pursuant
      to
§906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 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 result of operations of the Company.




/s/
                THOMAS A. SZABOThomas
                A. SzaboChief
                Executive Officer




Dated:
      May 19, 2006







A
      signed
      original of this written statement required by Section 906 has been
      provided to Telanetix, Inc. and will be retained by Telanetix, Inc. and
      furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 31.1

Certification of Chief Executive Officer

I, Gregg A. Ostrander, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Michael Foods, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial information included
in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4. The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the
period in which this report is being prepared;

b) Evaluated the effectiveness of the registrants disclosure controls and procedures
and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

c) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants first
fiscal quarter of 2007 that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and

5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of
registrants board of directors (or persons performing the equivalent functions):

a) all significant deficiencies and material
weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control
over financial reporting.

Date: May 14, 2007



/s/ Gregg A. OstranderGregg A. OstranderChairman and Chief Executive Officer
**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**

| (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/                Matthew A. Jones*  |  |
|----------------------------------------|--|
| Matthew                A. Jones        |
| Chief                Financial Officer |
| November                8, 2006        |
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Gary Mark Berry, * From the 42nd District Court

 of Coleman County

Trial Court No. 3021.

Vs. No. 11-18-00162-CR * April 4, 2019

The State of Texas, * Per Curiam Memorandum Opinion

(Panel consists of: Bailey, C.J.,

Stretcher, J., and Wright, S.C.J., 

sitting by assignment)

 (Willson, J., not participating)

This court has inspected the record in this cause and concludes that there 

is no error in the judgment below. Therefore, in accordance with this court’s 

opinion, the judgment of the trial court is in all things affirmed.
STATE v. Iziah BARDEN.

No. 96A01-2.

Supreme Court of North Carolina.

April 24, 2006.

William P. Hart, Senior Deputy Attorney General, Ellen B. Scouten, Special Deputy Attorney General, John G. Barnwell, Assistant Attorney General, G. Dewey Hudson, District Attorney, for State of NC.

The following order has been entered on the motion filed on the 24th day of April 2006 by Defendant for Extension of Time for Court Reporter to Deliver Transcripts:

"Motion Allowed. Court reporter shall have up to and including the 31st day of July 2006 to prepare and deliver transcript to counsel. By order of the Court in conference this the 24th day of April 2006."
Exhibit 32.1

WRITTEN STATEMENT OF MICHAEL S. GILLILAND

On this day, Sabre Holdings Corporation (the "Company") filed with the Securities and Exchange Commission an Annual Report on Form 10-K for the period ending
December 31, 2003 (the "Report").

This
written statement accompanied the Report.

I,
Michael S. Gilliland, the Chief Executive Officer of the Company, hereby certify that:



|/s/MICHAEL S. GILLILANDMichael S. Gilliland
President and Chief Executive Officer
February 27, 2004 |  | 
|--------------------------------------------------------------------------------------------------- |  | 

---

QuickLinks
STATE v. Corey Tyrone SNEED.

No. 601P03-3.

Supreme Court of North Carolina.

May 4, 2006.

William P. Hart, Special Deputy Attorney General, Ben David, District Attorney, for State of NC.

The following order has been entered on the motion filed on the 30th day of December 2005 by Defendant for Affidavit requesting for Disposition of Motions Filed in Regards to this Criminal Case:

"Motion Dismissed by order of the Court in conference this the 4th day of May 2006."
Specimen Common Stock Certificate



 Exhibit 4.1 
  



 
  
 THIS CERTIFIES THAT
NUMBER SHARES 
 SECRETARY 
 CHAIRMAN OF THE BOARD 
 IS THE OWNER OF 
 COMMON STOCK COMMON STOCK 
 INCORPORATED UNDER THE LAWS 
 OF THE STATE OF DELAWARE 
 CUSIP 75953J 10 7 
 SEE REVERSE FOR CERTAIN DEFINITIONS 
 THIS CERTIFICATE IS TRANSFERABLE IN 
 NEW YORK, NY 
 FULLY PAID AND NON-ASSESSABLE SHARES OF THE COMMON STOCK, $.01 PAR VALUE, OF RELIANT PHARMACEUTICALS, INC. 
 transferable on the books of the Corporation by the holder of record hereof in person or by duly authorized attorney 
 upon surrender of this certificate properly endorsed. 
 This certificate is not valid unless countersigned
and registered by the Transfer Agent and Registrar. 
 Witness the facsimile seal of the Corporation and the facsimile
signatures of its duly authorized officers. 
 Dated: 
 COUNTERSIGNED AND REGISTERED: 
 AMERICAN STOCK TRANSFER & TRUST COMPANY 
 (NEW YORK, NY) TRANSFER AGENT 
 AND REGISTRAR 
 BY: 
 AUTHORIZED OFFICER 
 RELIANT 
 PHARMACEUTICALS, 
 INC. 
 CORPORATE 
 DELAWARE 
 SEAL 
 RRX 
 RELIANT PHARMACEUTICALS, INC. 







 

 
  
 The following
abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or regulations: 
 TEN COM - as tenants in common UNIF GIFT MIN ACT - Custodian 
 TEN ENT - as tenants by the entireties (Cust) (Minor) 
 JT TEN - as joint
tenants with right of under Uniform Gifts to Minors 
 survivorship and not as tenants Act 
 in common (State) 
 Additional abbreviations may also be used though not in the above list. 
 PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF ASSIGNEE 
 (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE)

 Shares of the capital stock represented by the within certificate and do hereby irrevocably constitute and appoint Attorney
to transfer the said stock on the books of the within named Corporation with full power of substitution in the premises. 
 Dated 
 THE SIGNATURE(S) MUST BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, 
 STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN 
 APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO S.E.C. RULE 17Ad-15. 
 Signature(s) Guaranteed: For value received hereby sell assign and transfer onto please insert social security or other identifying number
of assignee NOTICE: THE SIGNATURE TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATEVER
##### 



Exhibit 32.2 CERTIFICATION PURSUANT TO
18 U.S.C. SEC.1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Annual Report of CUNO, Incorporated (the Company)
on Form 10-K for the period ended October 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I,
Frederick C. Flynn, Jr., Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. sec.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 the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company. /s/ FREDERICK C. FLYNN, JRFrederick C. Flynn, Jr.Senior Vice President and Chief Financial Officer(Principal Accounting Officer)
 Date: December 22, 2004
STATE v. GALLOWAY.

No. COA04-1487.

Court of Appeal of North Carolina

Filed August 2, 2005.

Certification Date August 22, 2005.

Appeal from the Person (03CRS54358)

Case reported without published opinion No error.
**EXHIBIT
        15**
 
 **AWARENESS
        LETTER OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**
 
 
 MidAmerican
        Energy Company
 Des
        Moines, Iowa
 
 We
        have
        made a review, in accordance with the standards of the Public Company Accounting
        Oversight Board (United States), of the unaudited consolidated interim financial
        information of MidAmerican Energy Company and subsidiary for the three-month
        and
        six-month periods ended June 30, 2005 and 2004, as indicated in our
        report
        dated August 10, 2005; because we did not perform an audit, we expressed
        no
        opinion on that information.
 
 We
        are
        aware that our report referred to above, which is included in your Quarterly
        Report on Form 10-Q for the quarter ended June 30, 2005, is incorporated
        by
        reference in Registration Statement Nos. 333-101800 and 333-110398
        on
        Form
 S-3.
 
 We
        also
        are aware that the aforementioned report, pursuant to Rule 436(c) under the
        Securities Act of 1933, is not considered a part of the Registration Statement
        prepared or certified by an accountant or a report prepared or certified
        by an
        accountant within the meaning of Sections 7 and 11 of that Act.
 
 
 /s/
        Deloitte & Touche LLP
 
 Des
        Moines, Iowa
 August 10,
        2005
STATE v. WRIGHT

No. COA05-51.

North Carolina Court of Appeals.

Filed October 18, 2005.

Certification Date November 7, 2005.

Appeal from Guilford (03CRS103919).

Case reported without published opinion. No error.
110TH CONGRESS 

2D SESSION H. R. 5492 

AN ACT 

To authorize the Board of Regents of the Smithsonian Institution to construct a greenhouse facility at its museum 

support facility in Suitland, Maryland, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 5492 EH

1 SECTION 1. CONSTRUCTION OF GREENHOUSE FACILITY. 

2 The Board of Regents of the Smithsonian Institution 

3 is authorized to construct a greenhouse facility at its mu4 seum support facility in Suitland, Maryland, to maintain 

5 the horticultural operations of, and preserve the orchid 

6 collection held in trust by, the Smithsonian Institution. 

7 SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

8 There is authorized to be appropriated $12,000,000 

9 to carry out this Act. Such sums shall remain available 

10 until expended. 

Passed the House of Representatives March 11, 

2008. 

Attest: 

Clerk. 

110TH CONGRESS 

2D SESSION H. R. 5492 

AN ACT 

To authorize the Board of Regents of the Smithsoland, and for other purposes. at its museum support facility in Suitland, Mary- nian Institution to construct a greenhouse facility
I 

110TH CONGRESS 

2D SESSION H. R. 5495 

To extend for one year the exemption of returning workers from the numerical 

limitations for H–2B temporary workers. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2008 

Mr. GERLACH introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To extend for one year the exemption of returning workers 

from the numerical limitations for H–2B temporary workers. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Relief for America’s 

5 Small and Seasonal Businesses Act’’. 

6 SEC. 2. EXTENSION OF RETURNING WORKER EXEMPTION 

7 TO H–2B NUMERICAL LIMITATION. 

8 (a) IN GENERAL.—Section 214(g)(9)(A) of the Im9 migration and Nationality Act (8 U.S.C. 1184(g)(9)(A)) 

10 is amended by striking ‘‘an alien who has already been 


hsrobinson on PROD1PC76 with BILLS
2 

•HR 5495 IH

1 counted toward the numerical limitation of paragraph 

2 (1)(B) during fiscal year 2004, 2005, or 2006 shall not 

3 again be counted toward such limitation during fiscal year 

4 2007.’’ and inserting ‘‘an alien who has already, during 

5 any 1 of the 3 preceding fiscal years, been counted toward 

6 the numerical limitation of paragraph (1)(B) shall not 

7 again be counted toward such limitation during fiscal year 

8 2008.’’. 

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

10 subsection (a) shall take effect as if enacted on October 

11 1, 2007. 

Æ 


hsrobinson on PROD1PC76 with BILLS
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 of AER Ventures, Inc. (the Company) on Form 10-QSB for the period ended September 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his 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.





Date:  August 12, 2004



/s/ Paul John

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

Paul John, Treasurer and Director

Principal Financial Officer