alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 32.01**

 

**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 Geo Point Technologies, Inc. (the “Company”) on Form 10-Q for the quarter ended December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, William C. Lachmar, Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:

 

|   | (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/ William C. Lachmar

William C. Lachmar

Chief Executive Officer

Chief Financial Officer

February 11, 2009

 

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement 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.
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

CITY OF PANAMA CITY BEACH,

Plaintiff,

vs. CASE NO. 5:10-cv-150/RS-EMT

A. G. EDWARDS TRUST COMPANY

FSB, et al.,

Defendants.

_________________________________________/

ORDER

Plaintiff shall file a status report not later than July 16, 2010, detailing its 

efforts to locate and serve Defendants AG Edwards Trust, A. Dennis Pledger, 

Gerald T. Pledger, Lamar Corporation, Amsouth Bank, J. H. Sherman, Jr., Peggy 

Brannon as Bay County Tax Collector, and Zane Spitzer as Bay County Property 

Appraiser. This case was originally filed in state court on October 31, 2008. 

Plaintiff is reminded that in federal court cases may be dismissed for failure to 

prosecute pursuant to Fed. R. Civ. P. 4(m) and N.D. Fla. Loc. R. 41.1.

ORDERED on July 9, 2010.

/S/ Richard Smoak 

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. Section 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

    In connection with the Annual Report of NT Mining Corporation. on Form 10-K for the quarter ending December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jordan Wangh, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief: (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/ *Jordan Wangh*

Jordan Wangh

Chief Executive Officer

May 19, 2010

 

----
# Fourth Court of Appeals San Antonio, Texas November 9, 2021 No. 04-21-00058-CV DIAMOND ENVIRONMENTAL MANAGEMENT, L.P. ; Bexar County Emergency Service

District No. 5; and Bexar County Emergency Service District No. 10, Appellants
v. CITY OF SAN ANTONIO, TEXAS ,

Appellee From the 73rd Judicial District Court, Bexar County, Texas

Trial Court No. 2019-CI-26125 Honorable Aaron Haas, Judge Presiding



### O R D E R On November 4, 2021, appellee filed an unopposed motion for leave to file amended brief of appellee. The motion is GRANTED.
It is so ORDERED November 9, 2021. PER CURIAM
ATTESTED TO:__________________________

MICHAEL A. CRUZ, CLERK OF COURT
Exhibit 31.1
      (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 annual report is being prepared;(b)
    
    designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under our supervision, to
provide reasonable assurance regarding the reliability of financial reporting and the
preparation of financial statements for external purposes in accordance with generally
accepted accounting principles;(c)
    
    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(d)
    
    disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter
(the registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
  (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.
  /s/ Christopher H. HopkinsChristopher H. Hopkins, Chief Executive Officer
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l unani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). E N / R es ear ch NOT F OR P UB L I CAT I ON

UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T ER I CK ES TUARDO AJ AN EL S A N C H E Z ; e t a l., P et i t i o n ers, v. E R I C H . H O L D E R J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 07- 71385 A ge nc yN os . A 073- 219- 305

A 076- 674- 012 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d D e c e m be r15, 2009 ** B efo re: G O O D W IN , W A L L A C E , an dC L IF T O N , C i rcu i tJu d g es. E r i c k E s tuar do A

j ane l - S anc he z , ana t i ve and c i t i z e n of G ua t e m a l a , pe t i t i ons f orr e vi e w of

the B oar d of

I m m i gr a t i on A ppe a l s ’ or de rdi s m i s s i ng hi s appe a l f r om an i m m i gr a t i on j udge ’ s ( “ I J ” ) de c i s i on de ny i ng hi s appl i c a t i on f ora s y l um and 

# FI LED JAN 05 2 010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALSE N / Res ea r ch 07- 71385 2 w ith h o ld in g o f

r e m o v a l. W e h a v e ju r is d ic tio n p u r s u an t to 8 U .S .C . § 1 2 5 2 . W e r e v ie w f o rs ub s tan tia l e v id e n c e . La ta v . I NS , 2 0 4 F .3 d1 2 4 1 , 1 2 4 4 ( 9 th C ir . 2 0 0 0 ) . We d e n yth e p e t i t i o n f

o rr e v i e w. W e c onc l ude tha tthe I J ’ s ne xus de t e rm i na t i on i s nots upport e d by subst ant i alevi dence because the gu er i l l as threa t ened t o k i l l A j anel -S anchez bas ed o n th e irb e lie f

th a t h e s up p o rte dth e m ilitary . Se e Na v a s v . I NS , 217 F . 3d 646, 656- 5 7 ( 9 th C ir . 2 0 0 0 ) . E ve n a s s um i ng A

j ane l - S anc he z s uf

f e r e d pa s tpe r s e c ut i on, hi s pr e s um pt i on o f w e ll- f o u n d e df e aris r e b u tte db yc h an g e dc o u n tryc o n d itio n s . See G o n z a lez - H

e rn a n dezv . A s h c r o

ft , 3 3 6 F .3 d9 9 5 , 9 9 7 - 9 8 ( 9 th C ir . 2 0 0 3 ) . A c c o r d in g ly , A

jan e l- S an c h e z ’s a s y lu m an dw ith h o ld in g o f r e m o v a l c la im s f

a il. PETI TI O N FO R R EVI EW D EN I ED .
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
ACCOMPANYING CONDENSED CONSOLIDATED FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          APR-30-1997
<PERIOD-START>                             MAY-01-1996
<PERIOD-END>                               APR-30-1997
<CASH>                                      18,825,764
<SECURITIES>                                 6,039,255
<RECEIVABLES>                                5,844,987
<ALLOWANCES>                                   909,501
<INVENTORY>                                     18,880
<CURRENT-ASSETS>                            31,976,716
<PP&E>                                       2,692,778
<DEPRECIATION>                               1,675,749
<TOTAL-ASSETS>                              37,089,960
<CURRENT-LIABILITIES>                        8,580,737
<BONDS>                                         24,611
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        72,974
<OTHER-SE>                                  28,095,278
<TOTAL-LIABILITY-AND-EQUITY>                37,089,960
<SALES>                                     10,254,344
<TOTAL-REVENUES>                            18,308,612
<CGS>                                        1,098,434
<TOTAL-COSTS>                                6,966,351
<OTHER-EXPENSES>                            19,923,347
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             403,989
<INCOME-PRETAX>                             (8,581,086)
<INCOME-TAX>                                  (322,824)
<INCOME-CONTINUING>                         (7,854,273)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (7,854,273)
<EPS-PRIMARY>                                    (1.26)
<EPS-DILUTED>                                    (1.26)
        


</TABLE>
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

vs. Case Nos.: 3:10cr54/RV

 3:12cv500/RV/EMT

FRANCISCO PORTILLO MARQUEZ

____________________________/

O R D E R

This cause comes on for consideration upon the magistrate judge’s Report and

Recommendation dated October 23, 2012 (doc. 62). Defendant has been furnished a copy of the

Report and Recommendation and has been afforded an opportunity to file objections pursuant to

Title 28, United States Code, Section 636(b)(1). No objections have been filed.

Having considered the Report and Recommendation, I have determined that the Report and

Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge’s Report and Recommendation is adopted and incorporated by

reference in this order.

2. The motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 

(doc. 60) is summarily DISMISSED as untimely. 

DONE AND ORDERED this 29th day of November, 2012.

/s/ Roger Vinson 

ROGER VINSON

SENIOR UNITED STATES DISTRICT JUDGE
# C_2009109EN.01000701.xml

| 13.5.2009 | EN | Official Journal of the European Union | C 109/7 |
| --- | --- | --- | --- |

13.5.2009

EN

Official Journal of the European Union

C 109/7

---

Euro exchange rates (1)

1

12 May 2009

2009/C 109/05

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3683 |
| JPY | Japanese yen | 132,90 |
| DKK | Danish krone | 7,4485 |
| GBP | Pound sterling | 0,89340 |
| SEK | Swedish krona | 10,6218 |
| CHF | Swiss franc | 1,5088 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,7510 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,744 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 278,78 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7091 |
| PLN | Polish zloty | 4,3860 |
| RON | Romanian leu | 4,1533 |
| TRY | Turkish lira | 2,1349 |
| AUD | Australian dollar | 1,7858 |
| CAD | Canadian dollar | 1,5865 |
| HKD | Hong Kong dollar | 10,6045 |
| NZD | New Zealand dollar | 2,2555 |
| SGD | Singapore dollar | 1,9923 |
| KRW | South Korean won | 1 694,60 |
| ZAR | South African rand | 11,5129 |
| CNY | Chinese yuan renminbi | 9,3340 |
| HRK | Croatian kuna | 7,3510 |
| IDR | Indonesian rupiah | 14 171,36 |
| MYR | Malaysian ringgit | 4,8062 |
| PHP | Philippine peso | 64,443 |
| RUB | Russian rouble | 43,8935 |
| THB | Thai baht | 47,282 |
| BRL | Brazilian real | 2,8039 |
| MXN | Mexican peso | 18,0274 |
| INR | Indian rupee | 67,4810 |

Currency

Exchange rate

USD

US dollar

1,3683

JPY

Japanese yen

132,90

DKK

Danish krone

7,4485

GBP

Pound sterling

0,89340

SEK

Swedish krona

10,6218

CHF

Swiss franc

1,5088

ISK

Iceland króna

NOK

Norwegian krone

8,7510

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,744

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

278,78

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7091

PLN

Polish zloty

4,3860

RON

Romanian leu

4,1533

TRY

Turkish lira

2,1349

AUD

Australian dollar

1,7858

CAD

Canadian dollar

1,5865

HKD

Hong Kong dollar

10,6045

NZD

New Zealand dollar

2,2555

SGD

Singapore dollar

1,9923

KRW

South Korean won

1 694,60

ZAR

South African rand

11,5129

CNY

Chinese yuan renminbi

9,3340

HRK

Croatian kuna

7,3510

IDR

Indonesian rupiah

14 171,36

MYR

Malaysian ringgit

4,8062

PHP

Philippine peso

64,443

RUB

Russian rouble

43,8935

THB

Thai baht

47,282

BRL

Brazilian real

2,8039

MXN

Mexican peso

18,0274

INR

Indian rupee

67,4810

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

ELIZABETH D. OVERSTREET,

Plaintiff,

vs. CASE NO. 5:10cv94/RS-EMT

BAY MEDICAL CENTER,

Defendant.

_____________________________/

ORDER

Before me is the Joint Planning Report Pursuant to Rule 26(f) (Doc. 11). The

attorneys have disregarded the guidance in the Initial Scheduling Order regarding the

discovery deadline and a trial date.

IT IS ORDERED that the parties shall file an amended joint report not later than

September 10, 2010, with dates consistent with a discovery deadline of December 9,

2010, and jury trial on February 7, 2011 or February 22, 2011.

ORDERED on August 31, 2010.

/S/ Richard Smoak 

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

T.E. JURKOWICH,

Petitioner,

v. 3:10cv189/MCR/CJK

EDWIN G. BUSS,

Respondent.

___________________/

ORDER

This cause comes on for consideration upon the magistrate judge's report and

recommendation, dated July 15, 2011. After the report and recommendation was entered,

the petitioner filed an amended petition (doc. 31), omitting certain unexhausted claims.

Because it appears that the petitioner has no intention of pursuing the unexhausted claims,

the court need not determine whether a stay is warranted in this case. The magistrate

judge’s report and recommendation, therefore, is rejected. The respondent’s motion to

dismiss (doc. 19) also is DENIED as moot, and this matter is remanded to the magistrate

judge for further proceedings on the amended petition. 

DONE AND ORDERED this 6th day of December, 2011.

s/ M. Casey Rodgers 

M. CASEY RODGERS

CHIEF UNITED STATES DISTRICT JUDGE 

Case 3:10-cv-00189-MCR-CJK Document 32 Filed 12/07/11 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA

Plaintiff

vs Case No. 4:09cr51-RH/WCS

NELSON D. CABRERA

and

ILSA FERRER

Defendants

 /

FINAL ORDER OF FORFEITURE

THIS CAUSE CAME before the Court on the Motion of the United States of

America for a Final Order Of Forfeiture. Being fully advised in the premises, the Court finds

as follows:

WHEREAS, on December 22, 2009, this Court entered a Preliminary Order Of

Forfeiture against the following:

A. Various items belonging to Nelson D. Cabrera and/or Ilsa Ferrer, more

specifically described as:

a. Samsung 46" LED Flat Screen Television, Model #UN46B6000

b. Sony PSP, Serial Number AT269434608

c. Pair of diamond solitaire earrings

d. 10k yellow gold chain, 6mm wide, 22" long

e. 14k yellow gold men’s bar bracelet with diamonds, 9" long

f. 14k yellow gold men’s “bullseye” ring with diamonds

g. $146.00 in United States Currency; and

WHEREAS, pursuant to Rule G (4)(a) of the Supplemental Rules for Certain

Admiralty or Maritime Claims and Asset Forfeiture Actions, notice of this forfeiture action
and of the intent of the United States of America to dispose of the property was published

on an official Internet government forfeiture site, www.forfeiture.gov, for at least 30

consecutive days, beginning on January 23, 2010. Such notice informs all third parties of

their right to file a petition within sixty (60) days of the first date of publication setting forth

their interest in said property; and

WHEREAS, no persons or entities having an interest in the above-referenced

property have filed petitions, it is hereby

ORDERED, ADJUDGED and DECREED that the right, title and interest to the

above-referenced property is hereby condemned, forfeited and vested in the United States

of America and shall be disposed of in accordance with the law.

SO ORDERED on April 19, 2010.

s/Robert L. Hinkle 

United States District Judge
<PAGE>

                                                                   Exhibit 10.27

June 10, 1998

Mr. Vince Vallerdita
Valencia Studios West
26030 Avenue Hall
Valencia, California 91355

Re:  Valencia Studios West / Stages 3, 4 & 5

Dear Vince:

Reference is hereby made to the fully executed lease agreement ("Agreement")
dated January 5, 1994, by and between Valencia Studios West (successor-in-
interest to Magic Movie Studios of Valencia) and Saban Entertainment, Inc.

The parties hereby agree to amend the Agreement by adding the following
paragraph as section 2.3:

     2.3  Extended Term. SABAN and MMSV agree to extend the term
          -------------
     of the lease for an additional period of one year commencing
     on January 20, 1999, and continuing through and including
     January 19, 2000, at the monthly rental rate of $44,669.85.
     SABAN shall have the option to extend the term of the lease
     for an additional period of one year commencing on January
     20, 2000, and continuing through and including January 19,
     2001, at the monthly rental rate of $46,903.34.

Except as expressly set forth herein, the Agreement is hereby ratified and
confirmed.

AGREED TO AND ACCEPTED:                  AGREED TO AND ACCEPTED:

VALENCIA STUDIOS WEST                    SABAN ENTERTAINMENT, INC.



By: /s/ Vince Vallerdita    6/10/98      By: /s/ Mel Woods             6/23/98
   ----------------------------------       ------------------------------------
   VINCE VALLERDITA                           MEL WOODS

Its:                        Date         Its: President                  Date
Start: 10:10 AM

Stop: 10:50AM

UNITED STATES DISTRICT COURT

CIVIL MINUTES 

Case No: 1:09-cv-257; RUSSELL-BROWN v. UNIVERSITY OF FLORIDA BOARD OF TRUSTEES, et al 

Date: 8/17/10

 

PROCEEDINGS: Motion hearing

PRESENT: Honorable Maurice M. Paul , Judge

 Blair Patton Christine Bordenave Not Present 

 Deputy Clerk Court Reporter Plaintiff’s attorney

 McCrea/Deal 

 Defendant’s Attorney 

 

At the direction of the court, clerk initiated a telephone call to Mr. Hinds, counsel for the 

plaintiff.

Oral argument:

[129] MOTION re 45 Complaint, VOLUNTARY DISMISSAL by SHERRIE 

 RUSSELL-BROWN.

 - written order to follow

Initials of Deputy Clerk bkp 

Case 1:09-cv-00257-MP -AK Document 138 Filed 08/17/10 Page 1 of 1
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S ANNUAL REPORT ON FORM 10-K AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
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<FISCAL-YEAR-END>                          SEP-30-1998
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<PERIOD-END>                               SEP-30-1998
<CASH>                                          13,981
<SECURITIES>                                    21,283
<RECEIVABLES>                                    7,878
<ALLOWANCES>                                       537
<INVENTORY>                                         82
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<DEPRECIATION>                                   3,693
<TOTAL-ASSETS>                                  54,527
<CURRENT-LIABILITIES>                           11,622
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             9
<OTHER-SE>                                      42,986
<TOTAL-LIABILITY-AND-EQUITY>                    54,527
<SALES>                                         44,439
<TOTAL-REVENUES>                                44,439
<CGS>                                            7,297
<TOTAL-COSTS>                                    7,297
<OTHER-EXPENSES>                                34,798
<LOSS-PROVISION>                                    69
<INTEREST-EXPENSE>                                  35
<INCOME-PRETAX>                                  3,138
<INCOME-TAX>                                       961
<INCOME-CONTINUING>                              2,177
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,177
<EPS-PRIMARY>                                     0.21
<EPS-DILUTED>                                     0.20
        

</TABLE>
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

KELVIN BOWMAN,

Plaintiff,

vs. CASE NO.: 3:10cv278/LAC/MD

R. MOORE, et al.,

Defendants.

 

O R D E R

This cause comes on for consideration upon the magistrate judge's report and

recommendation dated August 5, 2010. The plaintiff has been furnished a copy of

the report and recommendation and has been afforded an opportunity to file

objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections

have been filed. 

Having considered the report and recommendation, I have determined that the

report and recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's report and recommendation is adopted and

incorporated by reference in this order.

2. This case is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C.

§ 1915(g) and the clerk is directed to close this file.

DONE AND ORDERED this 14 day of September, 2010.

th

s/L.A. Collier 

LACEY A. COLLIER

SENIOR UNITED STATES DISTRICT JUDGE