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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JOSEPH R. LEON, 

Plaintiff-Appellant,

 v.

SAN JOSE POLICE DEPARTMENT;

CITY OF SAN JOSE; KEVIN

MCCLURE, Officer Badge #3979;

BRIAN LOFTUS, Officer Badge #3965, 

Defendants-Appellees.

No. 15-15433

D.C. No. 5:11-cv-05504-HRL

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Howard R. Lloyd, Magistrate Judge, Presiding

Submitted April 21, 2017** 

San Francisco, California

FILED

MAY 11 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* 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).
Before: SCHROEDER and RAWLINSON, Circuit Judges, and LOGAN,***

District Judge.

 

Appellant Joseph Leon (“Leon”) appeals the grant of summary judgment in

favor of Appellees San Jose Police Department (“SJPD”) and Officers Kevin McClure

and Brian Loftus on Leon’s § 1983 action alleging violations of his Fourth and

Fourteenth Amendment rights. We review de novo the district court’s grant of

summary judgment. Oliver v. Keller, 289 F.3d 623, 626 (9th Cir. 2002). We have

jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. 

1. The Appellees were entitled to summary judgment on the Fourth Amendment

claim. A § 1983 claim brought in federal court is subject to principles of issue and

claim preclusion by a prior state court judgment. Allen v. McCurry, 449 U.S. 90, 94-

95 (1980). The alleged violation of Leon’s Fourth Amendment rights was the identical

issue decided by the state criminal court in his motion to vacate its judgment, it was

necessarily decided in a final decision on the merits, and Leon was the same party

against whom collateral estoppel is now invoked. Lucido v. Superior Court, 795 P.2d

1223, 1225 (Cal. 1990). The requirements for collateral estoppel under California law

were satisfied, and Leon had a full and fair opportunity to litigate the claim before the

state court. Haupt v. Dillard, 17 F.3d 285, 288 (9th Cir. 1994).

*** The Honorable Steven Paul Logan, United States District Judge for

the District of Arizona, sitting by designation.

2
2. Summary judgment was also proper on Leon’s claim that the Appellees

violated the Fourteenth Amendment by discriminating against himbecause of his race. 

To survive summary judgment on an equal protection claim, a plaintiff must produce

evidence sufficient to permit a reasonable trier of fact to find by a preponderance of

the evidence that the defendant’s decision was racially motivated. Serrano v. Francis,

345 F.3d 1071, 1082 (9th Cir. 2003). Leon’s complaint contained no allegations

supporting an equal protection claim, and none of the materials he proffered gave rise

to a genuine issue that the Appellees acted with discriminatory intent in this case. See

Bingham v. City of Manhattan Beach, 341 F.3d 939, 948 (9th Cir. 2003). 

 The district court’s judgment is AFFIRMED.

3
# C_2023338EN.01002501.xml

| 25.9.2023 | EN | Official Journal of the European Union | C 338/25 |
| --- | --- | --- | --- |

25.9.2023

EN

Official Journal of the European Union

C 338/25

---

Order of the President of the General Court of 19 July 2023 — Mylan Ireland v Commission

(Case T-227/23 R)

(Interim relief - Medicinal products for human use - Marketing authorisation - Application for interim measures - Application for injunction - Lack of urgency)

(2023/C 338/33)

Language of the case: English

Parties

Applicant: Mylan Ireland Ltd (Dublin, Ireland) (represented by: K. Roox, T. De Meese, J. Stuyck, M. Van Nieuwenborgh and C. Dumont, lawyers)

Defendant: European Commission (represented by: E. Mathieu and C. Valero, acting as Agents)

Re:

By its application based on Articles 278 and 279 TFEU, the applicant seeks, in essence, first, suspension of operation of the decision of the European Commission contained in its letter of 17 March 2023, by which the Commission requires it to comply with the protection period for the reference medicinal product Tecfidera — Dimethyl fumarate as regards the placing on the market of the medicinal product Dimethyl fumarate Mylan — Dimethyl fumarate (‘DMF Mylan’) and to give written undertakings to that effect and any subsequent decision or act extending or replacing the contested measure, in so far as they concern it, and, second, an injunction requiring the Commission to refrain from taking any other measures which would amount to a withdrawal of the marketing authorisation enjoyed by it or a prohibition on placing DMF Mylan on the market.

Operative part of the order

| 1. | The application for interim measures is dismissed. |
| --- | --- |

1.

The application for interim measures is dismissed.

| 2. | The costs are reserved. |
| --- | --- |

2.

The costs are reserved.

---
STATE v. HOWEY.

No. COA07-750.

Court of Appeals of North Carolina.

Filed March 4, 2008.

Certification Date March 24, 2008.

Appeal from Mecklenburg (06CRS242184, 06CRS242185, 06CRS242186).

Case reported without published opinion. Affirmed.
**EXHIBIT32.2**

The following certification will not be deemed “filed” for purposes ofSection 18 of the Securities Exchange Act of 1934 or otherwise subject to theliability of that section, nor will the certification be deemed incorporated byreference into any filing under the Securities Act of 1933 or the SecuritiesExchange Act of 1934, except to the extent that the registrant specificallyincorporates it by reference.

**CERTIFICATION OFPRINCIPAL ACCOUNTING OFFICERPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

I, Ronald E. Dowdy, Group Controller, Treasurer,Secretary and Principal Accounting Officer of Star Buffet, Inc. (the “Company”),certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to myknowledge:

1.             Theaccompanying Annual Report on Form 10-K of the Company for the fiscal yearended January 29, 2007 (the “Report”) fully complies with the requirements ofSection 13(a) or Section 15(d) of the Securities Exchange Act of 1934; and

2.             Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| April 25, 2007 | /s/ Ronald E.  Dowdy         |   |
|----------------|------------------------------|--------|
|           | Ronald E. Dowdy              |   |
|           | Group Controller,            |   |
|           | Treasurer, Secretary and     |   |
|           | Principal Accounting Officer |   |

 

A signed original of the above certification has beenprovided to Star Buffet, Inc. and will be retained by Star Buffet, Inc. andfurnished to the Securities and Exchange Commission or its staff upon request.

 

----
Order entered May 31, 2013

In The



## Court of Appeals

**Fifth District of Texas at Dallas**

No. 05

- 12

- 01656

- CR

SHENEQUA LICOLE BARB ER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 291st Judicial District Court

Dallas County, Texas

Trial C ourt Cause No. F

- 1259385

- U



### O RDER

Appellant’s May 23, 2013 motion to extend the time to file appellant’s brief is

GRANTED to the extent the time to file appellant’s brief is EXTENDED to THIRTY DAYS

from the date of this order.

/s/ LANA MYERS

JUSTICE
# Commission Implementing Regulation (EU) No 1124/2014Show full title

Commission Implementing Regulation (EU) No 1124/2014 of 22 October 2014 establishing the standard import values for determining            the entry price of certain fruit and vegetables         

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U.K.

# Commission Implementing Regulation (EU) No 1124/2014                     

# of 22 October 2014

# establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing                           a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79,                           (EC) No 1037/2001 and (EC) No 1234/2007(1),                        

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application                           of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors(2), and in particular Article 136(1) thereof,                        

Whereas:

(1)Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations,                              the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products                              and periods stipulated in Annex XVI, Part A thereto.

(2)The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU)                              No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its                              publication in the *Official Journal of the European Union*,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to                     this Regulation.                  

# Article 2U.K.

This Regulation shall enter into force on the day of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 October 2014.

*For the Commission,*                            

*On behalf of the President,*                            

Jerzy Plewa                            

*Director-General for Agriculture and Rural Development*                            

## ANNEXU.K.Standard import values for determining the entry price of certain fruit and vegetables

1

OJ L 347, 20.12.2013, p. 671.                           

2

OJ L 157, 15.6.2011, p. 1.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          28,442
<SECURITIES>                                         0
<RECEIVABLES>                                  114,415
<ALLOWANCES>                                     1,286
<INVENTORY>                                     55,012
<CURRENT-ASSETS>                               203,061
<PP&E>                                         113,397
<DEPRECIATION>                                  39,744
<TOTAL-ASSETS>                                 961,823
<CURRENT-LIABILITIES>                          101,292
<BONDS>                                        705,664
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       177,779
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   961,823
<SALES>                                        636,267
<TOTAL-REVENUES>                               636,267
<CGS>                                          541,011
<TOTAL-COSTS>                                  541,011
<OTHER-EXPENSES>                                31,115
<LOSS-PROVISION>                                   203
<INTEREST-EXPENSE>                              44,802
<INCOME-PRETAX>                                 21,883
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             21,883
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    21,883
<EPS-BASIC>                                       0.71
<EPS-DILUTED>                                     0.71


</TABLE>
STATE v. YANCEY.

No. COA07-1406.

Court of Appeals of North Carolina.

Filed May 6, 2008.

Certification Date May 27, 2008.

Appeal from Forsyth (06CRS55643, 06CRS20293).

Case reported without published opinion. No error.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 22, 2022

NO. 03-22-00098-CV

C. G., Appellant

v.

Texas Department of Family and Protective Services, Appellee

APPEAL FROM THE 250TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE JUSTICES TRIANA, KELLY, AND SMITH

AFFIRMED -- OPINION BY JUSTICE KELLY

This is an appeal from the decree terminating parental rights signed by the trial court on 

February 9, 2022. Having reviewed the record and the parties’ arguments, the Court holds 

that there was no reversible error in the decree. Therefore, the Court affirms the trial court’s

termination decree. Because appellant is indigent and unable to pay costs, no adjudication of 

costs is made.
STATE v. Jonta Tomorrera HAMPTON-BEY.

No. 569P07.

Supreme Court of North Carolina.

January 24, 2008.

Robert Montgomery, Special Deputy Attorney General, Jim Hardin, District Attorney, for State of NC.

The following order has been entered on the motion filed on the 26th day of November 2007 by Defendant for "Petition for: Averment of Jurisdiction/Certiorari":

"Motion Dismissed by order of the Court in conference this the 24th day of January 2008."
**Exhibit 31.1**

 

# **CERTIFICATIONS**

 

I,Bruce W. Duncan, Chief Executive Officer of Equity Residential, general partnerof ERP Operating Limited Partnership, certify that:

 

1.     I have reviewed this quarterly report on Form10-Q of ERP Operating Limited Partnership;

 

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

 

3.     Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

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

 

a)     Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

 

b)    Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

 

c)     Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting; and

 

5.     The registrant’s other certifying officer(s)and I have disclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the audit committeeof the registrant’s board of directors (or persons performing the equivalentfunctions):

 

a)     All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

 

b)    Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 

 

Date:  November 8, 2004
|   |   | /s/    | Bruce  W. Duncan         |   |
|--------|--------|--------|--------------------------|--------|
|   |   |   | Bruce  W. Duncan         |
|   |   |   | Chief  Executive Officer |
|   |   |   | of  Equity Residential   |

 

----
# Council Implementing Regulation (EU) No 961/2014Show full title

Council Implementing Regulation (EU) No 961/2014 of 8 September 2014 implementing Regulation (EU) No 269/2014 concerning restrictive            measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine         

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U.K.

# Council Implementing Regulation (EU) No 961/2014                     

# of 8 September 2014

# implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening                        the territorial integrity, sovereignty and independence of Ukraine                     

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions                           undermining or threatening the territorial integrity, sovereignty and independence of Ukraine(1), and in particular Article 14(1) thereof,                        

Whereas:

(1)On17 March 2014, the Council adopted Regulation (EU) No 269/2014.

(2)In view of the gravity of the situation, the Council considers that additional persons and entities should be added to the                              list of natural and legal persons, entities and bodies subject to restrictive measures as set out in Annex I to Regulation                              (EU) No 269/2014.

(3)Annex I to Regulation (EU) No 269/2014 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The persons and entities listed in the Annex to this Regulation shall be added to the list set out in Annex I to Regulation                     (EU) No 269/2014.                  

# Article 2U.K.

This Regulation shall enter into force on the date of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 September 2014.

*For the Council*                            

*The President*                            

S. Gozi                            

## ANNEXU.K.List of persons and entities referred to in Article 1

1

OJ L 78, 17.3.2014, p. 6.
# Commission Implementing Regulation (EU) No 279/2014Show full title

Commission Implementing Regulation (EU) No 279/2014 of 19 March 2014 establishing the standard import values for determining            the entry price of certain fruit and vegetables         

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U.K.

# Commission Implementing Regulation (EU) No 279/2014                     

# of 19 March 2014

# establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural                           markets and on specific provisions for certain agricultural products (Single CMO Regulation)(1),                        

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application                           of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors(2), and in particular Article 136(1) thereof,                        

Whereas:

(1)Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations,                              the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products                              and periods stipulated in Annex XVI, Part A thereto.

(2)The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU)                              No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its                              publication in the *Official Journal of the European Union*,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to                     this Regulation.                  

# Article 2U.K.

This Regulation shall enter into force on the day of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 March 2014.

*For the Commission, On behalf of the President,*                            

Jerzy Plewa                            

*Director-General for Agriculture and Rural Development*                            

## ANNEXU.K.Standard import values for determining the entry price of certain fruit and vegetables

1

OJ L 299, 16.11.2007, p. 1.                           

2

OJ L 157, 15.6.2011, p. 1.
EXHIBIT 32.2

CERTIFICATION

I, Lauren P. Silvernail, hereby certify pursuant to Rule 13a-14(b) or Rule
15d-14(b) of the Securities Exchange Act of 1934 and 18 U.S.C. Section 1350, that the Quarterly Report of ISTA Pharmaceuticals, Inc. on Form 10-Q for the quarterly period ended March 31, 2011 fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-Q for the period ended March 31, 2011 fairly presents in all material respects the financial condition and
results of operations of ISTA Pharmaceuticals, Inc.



|                  |  |                                                                  
|----------------- |  | -----------------------------------------------------------------
|Date: May 5, 2011 |  | /s/ Lauren P. Silvernail                                         
|                  |  | Lauren P. Silvernail                                             
|                  |  | Chief Financial Officer and Vice President, Corporate Development

This certification accompanies the Quarterly Report
pursuant to Rule 13a-14(b) or Rule 15d-14(b) under the Securities Exchange Act of 1934 and 18 U.S.C. Section 1350 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934.