alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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).

LSS/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

CRAIG F. WEIGHALL,

 Plaintiff - Appellant,

 v.

DOUG WADDINGTON, Superintendent,

Stafford Creek Corrections Center; et al.,

 Defendants - Appellees.

No. 09-35026

D.C. No. 2:06-cv-01675-RSM

MEMORANDUM *

Appeal from the United States District Court

for the Western District of Washington

Ricardo S. Martinez, District Judge, Presiding

Submitted March 16, 2010** 

Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.

Washington state prisoner Craig F. Weighall appeals pro se from the district

court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate

FILED

APR 01 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
LSS/Research 2 09-35026

indifference to his serious medical needs. We have jurisdiction pursuant to 28

U.S.C. § 1291. We review de novo a grant of summary judgment. Toguchi v.

Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We affirm. 

The district court properly granted summary judgment because Weighall did

not raise a genuine issue of material fact as to whether the defendants’ chosen

course of treatment of his amputation site was medically unacceptable. See id. at

1058 (holding that a difference of opinion about the best course of medical

treatment does not amount to deliberate indifference). 

AFFIRMED.
Exhibit 32.2

Certification

I, Ingrid G. Safranek, certify, pursuant to Rule 13(a)-14(b) or Rule 15(d)-14(b) of the Securities Exchange Act of 1934 and 18
U.S.C. Section 1350, that (i) the Quarterly Report on Form 10-Q of MMRGlobal, Inc. 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 (ii) the information contained
in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations
of MMRGlobal, Inc.

|                      
|----------------------
|/s/ Ingrid G. Safranek
|Name:                 
|Title:                
|Date:                 

The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, and is not being "filed" as part of the Form 10-Q or as a separate disclosure document
for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to liability
under that section. This certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of
1933, as amended, or the Exchange Act except to the extent that this Exhibit 32.2 is expressly and specifically incorporated by
reference in any such filing.

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.

---
#### Jeffrey DAVIS, Petitioner, v. STATE of Florida, Respondent.

No. 5D03-1802.

District Court of Appeal of Florida, Fifth District.

Aug. 29, 2003.

Jeffrey Davis, Orlando, pro se.

No Appearance for Respondent.

PER CURIAM.

The defendant Jeffery Davis’ petition for belated appeal is denied. Davis’ original convictions and sentences in Case No. 00-7844 were affirmed by this court. *See Davis v. State,*796 So.2d 1187 (Fla. 5th DCA 2001). Based on Davis’ numerous and successive meritless pro se filings this court warned Davis that he would be subject to denial of further *pro se*access to this court if he filed any additional petitions or appeals attacking his convictions and sentences in Case No. 00-7844. *See Davis v. State,*844 So.2d 669 (Fla. 5th *964DCA 2003). Despite this warning, the defendant has filed yet another *pro se*petition attacking his conviction and sentence in Case No. 00-7844. The defendant was ordered to show cause why he should not be denied further access to this court pursuant to *State v. Spencer,*751 So.2d 47 (Fla.1999). We find his response unconvincing.

The defendant is precluded from filing any additional *pro se*appeals, pleadings, motions or petitions pertaining to his convictions and sentences in Case No. GO-7844, unless reviewed and filed by an attorney licensed to practice in the State of Florida. The clerk of this court is directed not to accept from Davis, as petitioner or appellant, any further pro se pleadings or filings which relate to this case. *See Jackson v. Florida Dept. of Corrections,*790 So.2d 398 (Fla.2001); *Vickson v. Singletary,*734 So.2d 376 (Fla.1999); *Gaines v. State,*789 So.2d 516 (Fla. 5th DCA 2001); *Isley v. State,*652 So.2d 409 (Fla. 5th DCA 1995).

Petition for Belated Appeal DENIED.

SAWAYA, C.J., SHARP, W., and ORFINGER, JJ., concur.
STATE of North Carolina v. Cameron Romero GRAVES

No. COA17-1380

Court of Appeals of North Carolina.

Filed: December 4, 2018

NO PREJUDICIAL ERROR.
Submitted on record and briefs February 7,

vacated in part; remanded with instructions in part;

otherwise affirmed March 20, 2003

#### STATE OF OREGON, *Respondent, v.*BILLY WADE WELLS, *Appellant.*

01FE0112; A117216

66 P3d 542

Ingrid A. MacFarlane, Senior Deputy Public Defender, filed the brief for appellant. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Holly A. Vance, Assistant Attorney General, filed the brief for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General. .

Before Edmonds, Presiding Judge, and Kistler and Schuman, Judges.

PER CURIAM

Restitution awards vacated; remanded with instructions to resentence defendant imposing only one restitution award of $400; otherwise affirmed.
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 Becoming Art Inc. (the "Company") on
Form 10-QSB for the period ended May 31, 2005 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: July 8, 2005


------------------------------------
Michael Hanson
Principal Financial Officer
|                                                     |   | Three Months       |             |   | Three Months       |   |
|----------------------------------------------------------|--------|-------------------------|------------------|--------|-------------------------|--------|
|                                                     |   | Ended                   |             |   | Ended                   |   |
|                                                     |   | Mar. 31, 2010 |             |   | Mar. 31, 2009 |   |
| Net      Income Attributable                             |   |                    |             |   |                    |   |
| to      Summit Hotel Properties, LLC                     |   | $                       | (      4,728,655 | )      |                    | $      | (      1,470,972 | ) |
| plus      Depreciation and Amortization                  |   | $                       | 6,850,564        |   |                    | $      | 5,666,740 |   |
| plus      Impairment on Assets                           |   | $                       | 1,173,100        |   |                    | $      | 0 |   |
| less      Principal Payments on Company Debt             |   | $                       | (      1,638,656 | )      |                    | $      | (      1,584,377 | ) |
| less      Priority Return Payments to Investors          |   | $                       | (      535,261   | )      |                    | $      | (      2,843,471 | ) |
| less      Reserves Required by Lenders                   |   | $                       | (      321,306   | )      |                    | $      | (      436,154 | ) |
| plus      Interest Payments Funded by Principal Advances |   | $                       | 1,393,847        |   |                    | $      | 457,796 |   |
| plus      Repair Expense Funded by Loans/Reserves        |   | $                       | 0                |   |                    | $      | 839,967 |   |
| Net      Cash from Operations                            |   | $                       | 2,193,633        |   |                    | $      | 629,529 |   |

----
# Official Journal C 84/7 Ap

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 84 |
| | |
| English edition | Information and Notices | Volume 497 April 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 84

English edition

Information and Notices

Volume 497 April 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 084/1 | Euro exchange rates | 1 |
| 2006/C 084/2 | Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products | 2 |
| 2006/C 084/3 | Notice of initiation of an anti-dumping proceeding concerning imports of certain saddles originating in the People's Republic of China | 4 |
| 2006/C 084/4 | Prior notification of a concentration (Case COMP/M.4146 — GE/Bayer/OSi Europe Business) (1) | 9 |

Notice No

Contents

page

I   Information

Commission

2006/C 084/1

Euro exchange rates

1

2006/C 084/2

Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products

2

2006/C 084/3

Notice of initiation of an anti-dumping proceeding concerning imports of certain saddles originating in the People's Republic of China

4

2006/C 084/4

Prior notification of a concentration (Case COMP/M.4146 — GE/Bayer/OSi Europe Business) (1)

9

---

| | III   Notices |
| --- | --- |
| | Commission |
| 2006/C 084/5 | Call for proposals — DG EAC No 23/06 | 10 |
| 2006/C 084/6 | I-Rome: Operation of scheduled air services — Invitation to tender published by Italy, pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Albenga and Rome and vice versa | 11 |

III   Notices

Commission

2006/C 084/5

Call for proposals — DG EAC No 23/06

10

2006/C 084/6

I-Rome: Operation of scheduled air services — Invitation to tender published by Italy, pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, for the operation of scheduled air services between Albenga and Rome and vice versa

11

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,

J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk January 21, 2011

p0118 

# Order

January 21, 2011

142326 & (15)(16)

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 142326 COA: 300753 Wayne CC: 10-006355-FH AARON LEONARD GRABLE, Defendant-Appellant.

________________ _______________ __________/

On order of the Chief Justice, a sti pulation signed by counsel for the parties agreeing to the dismissal of this application for leave to appeal is considered, and the application for leave to appeal is DISMISSED with prejudice and without costs.
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.                  

###### Department of Health and Human Services

###### Centers for Disease Control and Prevention 

# AGENCY:

Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). 

# ACTION:

Notice. 

# SUMMARY:

The Department of Health and Human Services (HHS) gives notice as required by 42 CFR 83.12(e) of a decision to evaluate a petition to designate a class of employees at the Linde Ceramics Plant, Tonawanda, New York, to be included in the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000. The initial proposed definition for the class being evaluated, subject to revision as warranted by the evaluation, is as follows: 

Facility: Linde Ceramics Plant. 

Location: Tonawanda, New York. 

Job Titles and/or Job Duties: Chemical Operators.

Period of Employment: July 1, 1943 through September 30, 1946. 

# FOR FURTHER INFORMATION CONTACT:

                        Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health, 4676 Columbia Parkway, MS C-46, Cincinnati, OH 45226, Telephone 513-533-6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to                         *OCAS@CDC.GOV.*

      ( print page 60350)    
Dated: October 11, 2005. 

John Howard, 

Director, National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention. 

[FR Doc. 05-20717 Filed 10-14-05; 8:45 am] 

BILLING CODE 4163-19-P
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.                  

###### Department of Transportation

###### Federal Aviation Administration

# AGENCY:

Federal Aviation Administration (FAA), Department of Transportation. 

# SUMMARY:

                        On October 23, 2002, the FAA published a Notice of Intent to prepare an environmental impact statement (EIS) for the Oklahoma Space Industry Development Authority's (OSIDA's) proposal to operate a commercial launch site at the Clinton-Sherman Industrial Airpark (CSIA) in the                         **Federal Register**                         (67 FR 65169). The original proposed action included horizontal and vertical launches, significant construction activities, orbital launches, and vehicle manufacturing. The nature of these activities necessitated that the proposed action be addressed through the preparation of an EIS.                    

Subsequent changes to the proposed action have eliminated the need for vertical launch, construction of any kind, orbital launches, and vehicle manufacturing. The proposed action as currently stated involves the horizontal launch of suborbital Reusable Launch Vehicles from an existing runway at the CSIA. The horizontal launch activities are similar to the current Air Force activities at the CSIA and are not expected to produce significant impacts, indicating that an EA would be the most appropriate NEPA analysis for OSIDA's proposed activities.

Scoping meetings were held in Oklahoma in November 2002. Because the proposed action is a subset of the information originally presented during scoping, we do not propose to re-initiate scoping meetings. For the reasons stated above, the FAA is canceling the EIS and will prepare an Environmental Assessment to analyze the impacts of the proposed action.

# FOR FURTHER INFORMATION CONTACT:

Questions may be directed to Doug Graham, FAA Environmental Specialist, c/o ICF Consulting, 9300 Lee Highway, Fairfax, VA 22031 or (202) 267-8568.

Date Issued: September 30, 2005.

Herbert Bachner, 

Manager, Space Systems Development Division.

[FR Doc. 05-20180 Filed 10-6-05; 8:45 am]

BILLING CODE 4910-13-P
#### Estate of Isaac Brownfield. Appeal of William W. and Isaac H. Brownfield, Executors.

Argued May 8, 1899.

Appeal, No. 278, Jan. T., 1898, by William W. and Isaac H. Brownfield, executors, from decree of O. C. Fayette Co., Sept. T., 1895, No. 44, dismissing exceptions to auditor’s report.

Before Sterrett, C. J., Green, McCollum, Mitchell and Dean, JJ.

Reversed.

October 6, 1899:

Opinion by

Mr. Justice Mitchell,

For reasons given in the opinion in the same estate, January term, No. 279, ante, p. 151, the decree is reversed at the costs of the appellees.
#### DOVIE M. CARROLL v. ELMORE LEWIS SANDLIN

No. 724DC763

(Filed 20 December 1972)

Contempt of Court § 6; Divorce and Alimony § 21 — failure to pay child support — contempt proceeding — means to make payments

In a hearing upon an order to show cause why defendant should not be held in contempt for failure to make child support payments as ordered by the court, the evidence was sufficient to support the court’s finding that defendant possessed the ability and means to make the payments he had been ordered to make.

Appeal by defendant from *Grumpier, District Judge,*5 June 1972 Session of District Court held in Duplin County.

This matter was heard upon an order entered on plaintiff’s motion in the cause directing defendant to show cause why he should not be adjudged in willful contempt for failure to comply with a previous order of the District Court which had been entered in this case on 25 August 1971 in which defendant had been ordered to pay $200.00 per month for the support of two minor children of the parties. After hearing evidence of both parties, the court found that defendant’s admitted failure to comply was willful and without just cause or excuse, adjudged him in contempt, and ordered him confined in the Duplin County jail *for*a term of thirty days, or until he shall show compliance, whichever is earlier. Defendant appealed.

*Russell J. Lanier, Jr. for plaintiff appellee.*

*Grady Mercer for defendant appellant.*

*141PARKER, Judge.

By this appeal defendant challenges the sufficiency of the evidence to support the trial court’s findings of fact and the sufficiency of the findings to support the judgment. The findings of fact by the judge in contempt proceedings are conclusive on appeal when supported by any competent evidence, and are reviewable only for the purpose of passing on their sufficiency to warrant the judgment. *Rose’s Stores, Inc. v. Tarrytown Center, Inc.,*270 N.C. 206, 154 S.E. 2d 313. While the evidence in the present case was conflicting and differing inferences could legitimately be drawn therefrom, in our opinion it was sufficient to support the crucial finding made by the trial court to the effect that, since the entry of the previous order and at time of entry of the order finding him in willful contempt, defendant possessed the ability and the means to make the child support payments which he had been ordered to make. Thus, the essential finding which the Supreme Court found missing in *Mauney v. Mauney,*268 N.C. 254, 150 S.E. 2d 391, and *Yow v. Yow,*243 N.C. 79, 89 S.E. 2d 867, was here made. Since defendant admitted he had failed to comply with the court’s order and the court on competent evidence has found he possessed the means to do so, the judgment finding him in willful contempt and imposing punishment therefor is

Affirmed.

Judges Campbell and Morris concur.
Exhibit 10.1






Exhibit 10.1
FORM OF EXTENSION OF TERM
OF EMPLOYMENT PERIOD
MEMORANDUM




		
	To:
	     


		
	From:
	Patricia Smith Lawler,


EVP/Human Resources Division
		
	Re:
	Extension of Employment Period


		
	Date:
	May ___, 2013


The Board of Directors of BankFinancial Corporation (the “Company”) and its Human Resources Committee have completed their annual review of your Employment Agreement with the Company dated                     , as amended, and have determined to offer to amend your Employment Agreement (1) to extend the term of the “Employment Period” as referenced in Section 2(a) of your Employment Agreement to                     ; and (2) to remove all references in your Employment Agreement to the term Office of Thrift Supervision (the “OTS”) and replace them with references to the term Office of the Comptroller of the Currency (the “OCC”).
If you are agreeable to amending your Employment Agreement as provided above, please sign and date this document in the space indicated below and return it to me by no later than _________________. 
If you do not sign and return this document to me by such date, the term of your Employment Period and the Anniversary Date applicable to your Employment Agreement will remain unchanged. 


		
	Name:
	     




		
	Signature:
	     




		
	Date:
STATE of North Carolina v. Frederick John SCHUMANN

No. 86P18

Supreme Court of North Carolina.

April 5, 2018

Ms. Amanda S. Zimmer, Southern Pines, Assistant Appellate Defender, for Schumann, Frederick John

Ms. Kathryn J. Thomas, Raleigh, Special Deputy Attorney General, for State of North Carolina

Mr. Frederick John Schumann, for Schumann, Frederick John

Mr. Jon David, District Attorney, for State

***ORDER***

Upon consideration of the petition filed on the 12th of March 2018 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 5th of April 2018."