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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TONY L. HORTON,

Plaintiff

- Appellant,

v.

CORIZON INCORPORATED; et al.,

Defendants

- Appellees. No. 17

- 16162

D.C. No. 4:16

- cv

- 00213

- DCB

PSOT

MEMORANDUM *

Appeal from the United States District Court

for the District of Arizona

David C. Bury, District Judge, Presiding

Submitted October 22, 2018 **

Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.

Arizona state prisoner Tony L. Horton appeals pro se from the district

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

indifference to his serious medical needs. We have jurisdiction under 28 U.S.C.

§ 1291. We review de novo a dismissal under 28 U.S.C. § 1915A. Wilhelm v.

* 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

OCT 26 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 17

- 16162

Rotman , 680 F.3d 1113, 1118 (9th Cir. 2012). We affirm.

The district court properly dismissed Horton’s action because Horton failed

to allege facts sufficient to state a plausible claim for relief. See Hebb e v. Pliler

,

627 F.3d 338, 341

- 42 (9th Cir. 2010) (although pro se pleadings are to be

construed liberally, a plaintiff must present factual allegations sufficient to state a

plausible claim for relief); s ee also Tsao v. Desert Palace, Inc. , 698 F.3d 1128,

1139 (9th Cir. 2012) (a private entity is liable under § 1983 only if a constitutional

violation w as caused by an official policy, practice or custom) ; Toguchi v. Chung

,

391 F.3d 1051, 1056

- 57 (9th Cir. 2004) (setting forth elements for a deliberate

indif ference claim).

AFFIRMED.
#### David L. HENSLEE, Sr., Respondent, v. Kimberly D. HENSLEE, Appellant.

No. ED 81425.

Missouri Court of Appeals, Eastern District, Division One.

June 24, 2003.

Gordon R. Upchurch, Union, MO, for appellant.

Robert B. Satchell, Union, MO, for respondent.

Before ROBERT G. DOWD, JR., P.J., MARY K. HOFF, J., and GEORGE W. DRAPER III, J.

ORDER

PER CURIAM.

Kimberly Darcel Henslee appeals from the trial court’s judgment dissolving her marriage to David Lee Henslee, Sr. She alleges the trial court erred in failing to elicit testimony from their minor child, finding she committed perjury, and abus*188ing its discretion in dividing the marital property.

We have reviewed the briefs of the parties and the record on appeal. We find the judgment is supported by substantial evidence, is not against the weight of the evidence, and does not erroneously declare or apply the law. *Murphy v. Carron,*536 S.W.2d 30, 32 (Mo. banc 1976). An extended opinion would have no precedential value. We have, however, provided a memorandum opinion only for the use of the parties setting forth the reasons for our decision. We affirm the judgment pursuant to Rule 84.16(b).
#### Sixto OLIVA, Appellant, v. STATE of Florida, Appellee.

No. 1D03-1963.

District Court of Appeal of Florida, First District.

July 14, 2003.

Michael Campbell, Miami, for Appellant.

James A. Peters, Office of the Attorney General, Department of Legal Affairs, Tallahassee, Elizabeth K. Russo of the Russo Parrish Appellate Firm, Miami, and Murray Wadsworth, Tallahassee, for Appellee.

PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of May 23, 2003, the Court has determined that it does not have jurisdiction to consider the appeal. Accordingly, the appeal is hereby dismissed for lack of jurisdiction.

WOLF C.J., WEBSTER and BENTON, JJ., concur.
EXHIBIT 19.13

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 Annual Report of AngloGold Ashanti Limited (the Company) on Form 20-F for the period ending 31 December 2016, as filed with the Securities and Exchange Commission on the date
hereof (the Report), the undersigned hereby certify that to the best of our knowledge:



| | 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 financial condition and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |                                   |  | 
|------------------- |  | --------------------------------- |  | 
|Date: 31 March 2017 |  | /s/ Srinivasan Venkatakrishnan    |  | 
|                    |  | Name: Srinivasan Venkatakrishnan  |  | 
|                    |  | Title: Chief Executive Officer    |  | 
|                    |  |                                  
|Date: 31 March 2017 |  | /s/ Kandimathie Christine Ramon   |  | 
|                    |  | Name: Kandimathie Christine Ramon |  | 
|                    |  | Title: Chief Financial Officer    |  | 



E - 8
**Exhibit 32.1****CEO CERTIFICATION**     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 USC §1350, as adopted), KarenMagee, the Chief Executive Officer of PlanetOut Inc. (the “Company”), hereby certifies that, to thebest of her knowledge:**1.**The Company’s Quarterly Report on Form 10-Q for the period ended June 30, 2006, and to whichthis Certification is attached as Exhibit 32.1 fully complies with the requirements of Section13(a) or Section 15(d) of the Securities Exchange Act of 1934, and**2.**The information contained in the Quarterly Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company for the periods presented therein.     **InWitness Whereof**, the undersigned has set her hand hereto as of the 9th day of August 2006.       /s/ KAREN MAGEE Karen Magee    Chief Executive Officer  The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is notbeing filed as part of this report. A signed original of this written statement required by Section906 has been provided to PlanetOut Inc. and will be retained by PlanetOut Inc. and furnished to theSecurities and Exchange Commission or its staff upon request.
##### 



Exhibit
31.1
 Certification
of Chief Executive Officer
Pursuant to
Section 302 of the Sarbanes-Oxley Act of 2002
  1.
    
    I have reviewed this Amendment No. 1 to Annual Report on Form
10-K/A of Maxygen, Inc.; and2.
    
    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.
 Date: June 25,
2007
    
    /s/ Russell J. HowardRussell
J. HowardChief Executive Officer
#### STATE OF NORTH CAROLINA v. DAVID HOLTON BRYANT

No. 7518SC36

(Filed 2 April 1975)

Appeal by defendant from *Rousseau, Judge.*Judgment entered 22 August 1974 in Superior Court, Guilford County. Heard in the Court of Appeals 19 March 1975.

*325
      *Attorney General Edmisten by Associate Attorney Wilton E. Ragland, Jr., for the State.*

*Booth, Fish, Simpson & Harrison by H. Marshall Simpson for defendant appellant.*

. BROCK, Chief Judge, PARKER and ARNOLD, Judges.

No error.
#### STATE of Louisiana v. Milton ISAAC.

No. 2003-KH-2185.

Supreme Court of Louisiana.

Sept. 5, 2003.

In re Isaac, Milton;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 438-372.

Denied.
Presidential Documents

Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005, / Presidential Documents 59979 

Proclamation 7942 of October 7, 2005 

National School Lunch Week, 2005 

By the President of the United States of America 

A Proclamation 

Since 1946, the National School Lunch Program has contributed to the 

welfare of our Nation’s youth and the academic mission of our schools. 

Each year during National School Lunch Week, we recognize this valuable 

program and highlight the continuing importance of providing America’s 

children with access to nutritious meals. 

Today, nearly 100,000 public and private schools and residential child care 

institutions are implementing the National School Lunch Program, providing 

fresh fruits and vegetables, milk, and other nutritious food choices to an 

average of 29 million children each school day. The School Breakfast Program 

and the availability of after-school snacks as part of the School Lunch 

Program give children additional opportunities to receive a more wholesome 

diet. 

Through the National School Lunch Program, school officials and food service 

professionals continue to demonstrate their dedication to our Nation’s youth. 

To support these efforts, the U.S. Department of Agriculture’s Team Nutrition 

provides important nutrition education programs for children and technical 

training programs for food service professionals to assist them in preparing 

healthy school lunches. The National School Lunch Program also supports 

the HealthierUS School Challenge, an initiative that recognizes schools and 

local communities for actively promoting healthy lifestyles. By encouraging 

healthy eating habits and access to nutritious food, we are helping America’s 

young people succeed in school, and we are helping protect them against 

childhood obesity, diabetes, and the risk of other serious health problems 

later in life. 

In recognition of the contributions of the National School Lunch Program 

to the health, education, and well-being of America’s children, the Congress, 

by joint resolution of October 9, 1962 (Public Law 87–780), as amended, 

has designated the week beginning on the second Sunday in October of 

each year as ‘‘National School Lunch Week,’’ and has requested the President 

to issue a proclamation in observance of this week. 

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States 

of America, do hereby proclaim October 9 through October 15, 2005, as 

National School Lunch Week. I call upon all Americans to join the dedicated 

individuals who administer the National School Lunch Program in appropriate activities that support the health and well-being of our Nation’s children. 

59980 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005, / Presidential Documents 

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day 

of October, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and thirtieth. 

W 

[FR Doc. 05–20656 

Filed 10–12–05; 9:18 am] 

Billing code 3195–01–P
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 this Amendment to the Annual Report of Implant Sciences Corporation, a Massachusetts corporation (the Company) on Form 10-K/A for the fiscal year ended June 30, 2016, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Roger P. Deschenes, Vice President, Finance and Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my 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 result of operations of the Company.

|                       |                                                    
|---------------------- | ---------------------------------------------------
|                       | /s/Roger P. Deschenes                              
|                       | Roger P. Deschenes                                 
|                       | Vice President, Finance and Chief Financial Officer
|Date: October 28, 2016 |                                                    





This certification accompanies each report of the Company on Form 10-Q and Form 10-K pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by us for purposes of §18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by §906 has been provided to us and will be retained by us and furnished to the Securities and Exchange Commission or our staff upon request.
Exhibit 32.1

CERTIFICATION PURSUANT TO

SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as principal executive officer of Xerium Technologies, Inc. (the Company), does hereby certify that, to his knowledge:

1) the Companys Form 10-Q for the period ended March 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 the Companys Form 10-Q for the period ended March 31, 2007, fairly presents, in all material
respects, the financial condition and results of operations of the Company.



/s/ Thomas GutierrezThomas GutierrezPresident and Chief Executive Officer(Principal Executive Officer)


May 9, 2007
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY

ACT OF 2002

I, James R. Sulat, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge the Annual Report of Maxygen, Inc. on Form 10-K for the annual period ended December 31, 2009 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 Annual Report on Form 10-K fairly presents in all material respects the financial condition and results of operations of Maxygen, Inc.



By:

/s/    James R. SulatName:

James R. SulatTitle:

Chief Executive Officer &Chief Financial OfficerDate:

March 11, 2010
Exhibit 32.2



CERTIFICATION PURSUANT TO

SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as
principal financial officer of Xerium Technologies, Inc. (the Company), does hereby certify that, to his knowledge:



1) the Companys Form 10-Q for the period ended September 30, 2005, 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 Companys
Form 10-Q for the period ended September 30, 2005, fairly presents, in all material respects, the financial condition and results of operations of the Company.



/s/ Michael P. ODonnellMichael P. ODonnellExecutive Vice President and Chief Financial Officer(Principal Financial Officer)




Dated: November 14, 2005
Exhibit 10.44


            GENERAL BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT

     For good and valuable  consideration,  the receipt and sufficiency of which
are hereby acknowledged,  SEDONA WORLDWIDE INCORPORATED,  an Arizona corporation
("Seller"), hereby grants, bargains, sells, transfers, conveys, assigns and sets
over unto ILX RESORTS INCORPORATED, an Arizona corporation ("Buyer") any and all
of Seller's right,  title and interest in and to all personal  property and real
property of Seller, whether tangible or intangible,  including,  but not limited
to, cash, accounts receivable,  inventory,  furniture,  furnishings,  equipment,
fixtures,  improvements,  trademarks,  tradenames and all intellectual  property
assets  owned or used by  Seller in the  conduct  of its  business  prior to the
effective date of this agreement (the foregoing being  collectively  referred to
herein as the  "Property,"  which shall include  without  limitation  all of the
assets set forth on the Balance Sheet,  dated as of December 31, 2001,  attached
hereto as Exhibit "A").

     TO HAVE AND TO HOLD the property  unto Buyer,  its  successors  and assigns
forever. Seller hereby represents and warrants to Buyer that Seller is the owner
of the Property and has full right and authority to sell,  assign,  transfer and
convey the Property unto Buyer; and Seller shall warrant and defend the title to
the Property being conveyed hereby to Buyer against all claims by others.

     Buyer  assumes  and agrees to pay and  perform,  when due,  all of Seller's
obligations  with respect to the Property or as otherwise  described  and/or set
forth as "Liabilities" on Exhibit "A".

     In  addition  to the acts and  agreements  of Seller  and  Buyer  described
herein,  Seller and Buyer  shall  perform,  execute  and  deliver or cause to be
performed,  executed and  delivered  any and all further acts and  agreements as
either  party  hereto  may  reasonably  request of the other to  consummate  the
transactions contemplated herein.

     Seller  will make  available  to Buyer all of  Seller's  files and  records
relating to the Property,  without  representation or warranty as to the content
thereof, except as otherwise specifically provided herein.

                         DATED as of the 2nd day of January, 2002

                              SEDONA WORLDWIDE INCORPORATED,
                              an Arizona corporation

                              By:_________________________________
                                 Mia A. Martori, President

                                   ACCEPTANCE

     Assignee hereby accepts the foregoing transfer and assignment,  and assumes
all obligations,  duties,  responsibilities and liabilities  associated with the
Property or as otherwise  described and or set forth as "Liabilities" on Exhibit
"A".

                         DATED as of the 2nd day of January, 2002

                              ILX RESORTS INCORPORATED

                              By:_________________________________
                                 Joseph P. Martori, Chairman
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 Justice

###### Parole Commission

I, Edward F. Reilly, Jr., Chairman of the United States Parole Commission, was present at a meeting of said Commission, which started at approximately 5 p.m., on Thursday, October 6, 2005, at the U.S. Parole Commission, 5550 Friendship Boulevard, 4th Floor, Chevy Chase, Maryland 20815. The purpose of the meeting was to decide two petitions for reconsideration pursuant to 28 CFR 2.27. Five Commissioners were present, constituting a quorum when the vote to close the meeting was submitted.

                    Public announcement further describing the subject matter of the meeting and certifications of General Counsel that this meeting may be closed by vote of the Commissioners present were submitted to the Commissioners prior to the conduct of any other business. Upon motion duly made,                           ( print page 60372)                        seconded, and carried, the following Commissioners voted that the meeting be closed: Edward F. Reilly, Jr., Cranston J. Mitchell, Deborah A. Spagnoli, Isaac Fulwood, Jr., and Patricia Cushwa.                

*In Witness Whereof,*                     I make this official record of the vote taken to close this meeting and authorize this record to be made available to the public.                

Dated: October 7, 2005.

Edward F. Reilly, Jr.,

Chairman, U.S. Parole Commission.

[FR Doc. 05-20776  Filed 10-13-05; 9:48 am]

BILLING CODE 4410-01-M
#### STATE OF NORTH CAROLINA ON RELATION OF GEORGE JOHNNIE WILLIAMS, JR., Administrator of GEORGE JOHNNIE WILLIAMS, Deceased v. W. I. ADAMS, L. R. COBB, GEORGE PEELE, C. BOLTINHOUSE and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC.

No. 758SC118

(Filed 16 April 1975)

Public Officers § 9; Sheriff and Constables— neglect of prisoner by sheriff — statute of limitations

An action against a sheriff for neglect of plaintiff’s intestate while he was in jail in the sheriff’s custody is an action against a public officer for a trespass under color of his office and must be instituted within one year after the cause of action accrues. G.S. 1-54(1).

Appeal by plaintiff from *Snepp,*Judge. Judgment entered 18 November 1974 in Superior Court, Wayne County. Heard in the Court of Appeals 11 April 1975.

*Turner and Harrison, by Fred W. Harrison, for plaintiff appellant.*

*Smith, Anderson, Blount & Mitchell, by John H. Anderson, for defendant appellees.*

VAUGHN, Judge.

The complaint alleges tortious neglect of plaintiff’s' intestate while he was in jail in defendant Sheriff’s custody.

G.S. 1-54(1) requires that actions against a public officer for a trespass under color of his office be started within one year after the cause of action accrues.

A sheriff is a public officer and negligence in the performance of his duties as custodian of one confined in the county jail is a trespass under color of his office. It appears on the face of the complaint that this suit was started more than one year after the cause of action accrued. It was, therefore, proper to grant defendants’ motion for judgment on the pleading because the claim was barred by G.S. 1-54(1), the applicable statute of limitation.

Affirmed.

Judges Parker and Clark concur.
#### STATE of Louisiana v. Pete ADAMS.

No. 2003-KH-2174.

Supreme Court of Louisiana.

Sept. 5, 2003.

In re Adams, Pete;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 429-661.

Denied.