alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

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

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

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

THOMAS J. COFFELT,

 Plaintiff - Appellant,

 v.

DAWSON, Doctor, and

CORRECTIONAL MEDICAL

SERVICES,

 Defendants - Appellees.

No. 09-35637

D.C. No. 1:07-CV-00419-EJL

MEMORANDUM*

Appeal from the United States District Court

for the District of Idaho

Edward J. Lodge, District Judge, Presiding

Submitted October 19, 2010** 

Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.

Thomas J. Coffelt, an Idaho state prisoner, appeals pro se from the district

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

medical needs in violation of the Eighth Amendment. We have jurisdiction under

FILED

OCT 29 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-35637

28 U.S.C. § 1291. We review de novo the district court’s dismissal for failure to

exhaust administrative remedies, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.

2003), and its grant of summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056

(9th Cir. 2004), and we affirm.

The district court properly dismissed the claims alleging deliberate

indifference to medical needs prior to July 2007 because Coffelt failed to exhaust

administrative remedies for those claims. See Woodford v. Ngo, 548 U.S. 81, 90,

95 (2006) (“proper exhaustion” under 42 U.S.C. § 1997e(a) is mandatory and

requires adherence to administrative procedural rules). 

The district court properly granted summary judgment on the remaining

claims regarding medical care for Coffelt’s swollen ankle because he failed to raise

a triable issue as to whether defendants were deliberately indifferent to his medical

needs. See Toguchi, 391 F.3d at 1057 (a prison official acts with deliberate

indifference only if he knows of and disregards an excessive risk to inmate health

and safety); Hallett v. Morgan, 296 F.3d 732, 744 (9th Cir. 2002) (prison officials

manifest deliberate indifference to a prisoner’s medical needs when they deny,

delay or intentionally interfere with medical treatment).

Coffelt’s remaining contentions are unpersuasive. 

AFFIRMED.
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

GENERAL GRANT BELL,

Petitioner,

vs. CASE NO. 5:10cv267/RS-EMT

WALTER A. McNEIL,

Respondent. 

___________________________________________/

ORDER

Before me is the Magistrate Judge’s Order and Report and Recommendation

(Doc. 4). Petitioner has not filed objections.

IT IS ORDERED:

1. The Magistrate Judge’s Report and Recommendation is approved and

incorporated in this Order.

2. This habeas action is dismissed for lack of jurisdiction.

3. A certificate of appealability is denied.

4. The clerk is directed to close the file.

ORDERED on December 1, 2010.

/S/ Richard Smoak 

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE
<PAGE>

                                                                    EXHIBIT 14.1

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Amendment No. 4 to the
Registration Statement, No. 333-102800, of DRDGOLD Limited on
Form F-3 and Registration Statement, No. 333-121386, of DRDGOLD Limited on Form
F-4 of our report dated November 29, 2004 with respect to the consolidated
balance sheet of Durban Roodepoort Deep, Limited and its subsidiaries as of June
30, 2004 and June 30, 2003 and the related consolidated statements of
operations, stockholders' equity, cash flows and notes thereto for the years
then ended, which report appears in the Annual Report on Form 20-F/A (Amendment
No. 3) of DRDGOLD Limited for the year ended June 30, 2004.

/s/ Johan Holtzhausen                             /s/ Carel Smit
Johan Holtzhausen                                 Carel Smit
Director: Energy and Natural Resources            Managing Director: Energy
                                                  and Natural Resources

KPMG Inc

Registered Accountants and Auditors

Chartered Accountants (SA)

Johannesburg, South Africa

April 29, 2005
[Federal Register Volume 72, Number 26 (Thursday, February 8, 2007)]
[Notices]
[Page 6017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-552]


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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]


In the Matter of CyberKey Solutions, Inc.; Order of Suspension of 
Trading

    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
CyberKey Solutions, Inc. (``CyberKey'') because of questions regarding 
the accuracy of assertions made by CyberKey, and others, in press 
releases and other public statements to investors, concerning among 
other things: (1) Contracts with the Department of Homeland Security 
and/or other government agencies, (2) revenues received pursuant to 
those contracts, and (3) accounts receivable generated by those 
contracts.
    The Commission is of the opinion that the public interest and the 
protection of investors require a suspension of trading in the 
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the 
Securities Exchange Act of 1934, that trading in the above-listed 
company is suspended for the period from 9:30 a.m. EST February 5, 2007 
through 11:59 p.m. EST, on February 16, 2007.

    By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. 07-552 Filed 2-5-07; 11:18 am]
BILLING CODE 8010-01-P
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23
- 1848

EDWARD BERNARD MCKEE , Plaintiff

- Appellant ,

v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY , Defendant

- Appellee

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh

. Terrence W. Boyle , District Judge. ( 5:22

- cv - 00409

- BO

- RN )

Submitted : January 30, 2024 Decided: February 2, 2024

Before KING, AGEE, and THACKER , Circuit Judges.

Affirmed by un published per curiam opinion

. Edward Bernard McKee, Appellant Pro Se. Christine Ryan, Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1848 Doc: 13 Filed: 02/02/2024 Pg: 1 of 22 PER CURIAM: Edward Bernard McKee appeals the district court’s order granting Defendant’s motion to dismiss McKee’s discrimination claims, brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e

- 17

. Upon review of the record , in conjunction with the arguments McKee raises in his informal brief , we discern no reversible error. See 4th Cir. R. 34(b) ; see also Jackson v. Lightsey , 775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an important document; under Fourth Circuit rules, our review is limited to issues preserved in that brief.”). Accordingly, we affirm the district
court ’s order

. McKee v. N. C. Dep’t of Env’t Quality , No. 5:22

- cv - 00409

- BO

- RN ( E.D.N.C

. filed July 13, 2023 & entered July 14, 2023 ). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED USCA4 Appeal: 23-1848 Doc: 13 Filed: 02/02/2024 Pg: 2 of 2
Exhibit 23.1               Consent of McManus & Company, PC
                           Independent Public Accountants


                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (No. 333-110309) and on Form S-3 (Nos. 333-109481,
333-106074, and 333-97913) of Eagle Broadband, Inc., of our report dated
December 13, 2002, relating to the financial statements, which appear in this
Annual Report on Form 10-K/A.

/s/ McManus & Company, PC
-------------------------
McManus & Company, PC
Rockaway, New Jersey
October 8, 2004
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

JESUS PEDROSO,

Plaintiff,

v. CASE NO. 4:10-cv-00167-MP -WCS

ROGER BODEN, FLORIDA DEPARTMENT OF CORRECTIONS, FLORIDA

DEPARTMENT OF TRANSPORTATION, FLORIDA PRISON HEALTH SERVICES,

TRUNG VAN LE, PAUL STEPHEN SMITH,

Defendants.

_____________________________/

O R D E R

This matter is before the Court on Doc. 18, Report and Recommendation by the

Magistrate Judge. On July 9, 2010, Plaintiff was directed by the Magistrate Judge to file an

amended complaint by August 10, 2010. Plaintiff was specifically warned that the case could be

dismissed if he failed to comply with the Magistrate’s order. A trial court has inherent power to

dismiss a case sua sponte for failure to prosecute. Link v. Wabash R.R., 370 U.S. 626, 82 S.Ct.

1386 (1962). Fed. R. Civ. P. 41(b) authorizes a district court to dismiss an action for failure to

obey a court order. Moon v. Newsome, 863 F.2d 835, 838 and cases cited (11th Cir.), cert.

denied, 493 U.S. 863 (1989). 

Plaintiff filed a motion for an extension of time, which was granted, extending Plaintiff’s

deadline to file the amended complaint to October 4, 2010. Plaintiff has not filed that amended

complaint. The Magistrate Judge has therefore recommended the case be dismissed. Plaintiff

has filed no response to object, and the time for objecting has now passed. 
Page 2 of 2

Case No: 4:10-cv-00167-MP -WCS

Accordingly, it is

ORDERED AND ADJUDGED:

1. The Report and Recommendation of the Magistrate Judge, Doc. 18, is ADOPTED

and incorporated herein. 

2. This case is DISMISSED WITHOUT PREJUDICE. 

DONE AND ORDERED this 19th day of November, 2010

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge
EXHIBIT 32.1


CERTIFICATIONS PURSUANT TO SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002


(18 U.S.C. SECTION
1350)





In
connection with the Quarterly Report of Labwire, Inc. (the "Company") on Form
10-Q for the quarter ended March 31, 2008 as filed with the Securities and
Exchange Commission on or about the date hereof ("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:
      December 23, 2008
                By: /s/ G. Dexter
      MorrisG.
      Dexter Morris, Chief Executive
Officer
 
 A signed
original of this written statement required by Section 906 has been provided to
Labwire, Inc. and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon
request.
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

JOHN ASHFORD HILL,

Plaintiff,

v. 3:10cv68-WS

MICHAEL J. ASTRUE,

Commissioner, Social 

Security Administration,

Defendant.

 

ORDER ADOPTING THE MAGISTRATE JUDGE'S

REPORT AND RECOMMENDATION

Before the court is the magistrate judge's report and recommendation docketed

August 24, 2011. See Doc. 20. The magistrate judge recommends that the

Commissioner's decision to deny the plaintiff's application for benefits be affirmed. The

plaintiff has filed no objections to the magistrate judge's report and recommendation.

The court being in accord with the magistrate judge's report and

recommendation, it is ORDERED:

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

incorporation by reference into this order.

Case 3:10-cv-00068-WS-EMT Document 21 Filed 09/28/11 Page 1 of 2
Page 2 of 2

2. The Commissioner's decision to deny Plaintiff's application for benefits is

AFFIRMED.

3. The clerk shall enter judgment stating: "The decision of the Commissioner is

AFFIRMED and this action is DISMISSED."

DONE AND ORDERED this 27th day of September , 2011.

s/ William Stafford 

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE

Case No. 4:06cv99-WS

Case 3:10-cv-00068-WS-EMT Document 21 Filed 09/28/11 Page 2 of 2
3/18/2015 TDCJ Offender Details

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01341616

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EXHIBIT 31.1



CERTIFICATION



I, Jeff Ritchie, certify that:



(1) I have reviewed this quarterly report on Form 10-Q of Independent Film Development Corporation.;



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



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



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



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



(c) Evaluated the effectiveness of the small business issuer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 small business issuers internal control over financial reporting that occurred during the small business issuers most recent fiscal quarter (the small business issuers fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuers internal control over financial reporting; and



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



(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer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 small business issuers internal control over financial reporting.





|Dated:  August 25, ,2010 | /s/ Jeff Ritchie
Jeff Ritchie
Chief Executive Officer and Director
|------------------------ | ------------------------------------------------------------------
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 *
  I, George Critz, Jr., certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q of Shatrusen, Inc. for the quarter ended September 30, 2010 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 fairly presents in all material respects the financial condition and results of operations of Shatrusen, Inc.
 
 
 Date: November 19, 2010
By:
/s/ George C. Critz, Jr.Name:
George C. Critz, Jr.Title:
President, Principal Executive Officerand Principal Financial Officer
 
 
 * The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document.
32.1
            CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY
      ACT OF 2002 AND 18 U.S.C. SECTION
1350.





I, G.
Dexter Morris, the Chief Executive Officer of Labwire, Inc., hereby certify that
to my knowledge, Labwire, Inc.’s quarterly report on Form 10-Q for the period
ended March 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
the periodic report on Form 10-Q and the financial statements contained therein
fairly presents, in all material respects, the financial condition and results
of the operations of Labwire, Inc.




Date:
August 12, 2009





/s/
      G. Dexter MorrisG.
      Dexter Morris
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

CARLOS McQUARLEY,

Plaintiff,

v. CASE NO. 4:09cv343-RH/WCS

J. RICHERMAN PEARSON

and J. GLORIA T. BAHAKER,

Defendants.

____________________________/

ORDER FOR TRANSFER

This case is before the court on the magistrate judge’s report and

recommendation (document 6) and the objections (document 7). The petitioner

also has filed a “clarification” of his claims (document 8), which has been

considered. I have reviewed de novo the issues raised by the objections and

“clarification.” Upon consideration,

IT IS ORDERED:

The report and recommendation is ACCEPTED and adopted as the court’s

opinion. This case is transferred to the United States District Court for the

Northern District of Alabama, Birmingham Division. The clerk must take all steps
Page 2 of 2

Case No: 4:09cv343-RH/WCS

necessary to effect the transfer.

SO ORDERED on September 28, 2009.

s/Robert L. Hinkle 

United States District Judge
Exhibit 99.2


                            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 Annual Report of CityView Corporation Limited (the
"Company") on Form 20-F for the fiscal year ended December 31, 2005 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, P M Smyth, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002,
that:

         (1) The Report fully complies with the requirements of Section 13(a) or
            15(d) of the Securities Exchange Act of 1934; and

         (2) The information contained in the Report fairly presents, in all
            material respects, the financial condition and result of operations
            of the Company.



P M Smyth
 June 27, 2006
1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

KEVIN CHAMBERLAIN, an individual, NED 

NEWCOMER, an individual, and JERALD

ADLER, an individual, on their own behalf and 

on behalf of all others similarly situated,

Case No. 4:10-cv-00477-SPM-WCS

Plaintiffs,

v.

INTEGRACLICK, INC., a Delaware 

corporation, d/b/a CLICKBOOTH, 

1021018 ALBERTA, LTD, a Canadian 

company, d/b/a JUST THINK MEDIA d/b/a 

FAREND SERVICES LIMITED, 

Defendants.

________________________________________/

MOTION TO EXTEND TIME TO RESPOND IN OPPOSITION TO DEFENDANT 

INTEGRACLICK, INC.’S MOTION TO DISMISS CLASS ACTION COMPLAINT

AND TO STRIKE CLASS ALLEGATIONS

Pursuant to Local Rule 6.1 and 7.1, Plaintiffs Kevin Chamberlain, Ned Newcomer, and 

Jerald Adler, by and through their undersigned counsel, hereby move for an order extending the 

time for them to respond in opposition to Defendant Integraclick, Inc.’s Motion to Dismiss Class 

Action Complaint and to Strike Class Allegations (Dkt No. 8), from November 24, 2010 to 

December 17, 2010, in conformity with the Parties’ attached stipulation.

By: /s/ David P. Healy

 David P. Healy (940410) 

2846-B Remington Green Circle

Tallahassee, Florida 32308 

(850) 222-5400 

(850) 222-7339 (fax) 

dhealy@davidhealylaw.com

Counsel to Plaintiffs

Case 4:10-cv-00477-SPM -WCS Document 13 Filed 11/23/10 Page 1 of 2
2

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I filed the foregoing using the Court’s CM/ECF electronic 

filing systems, which will cause a true and correct copy of the foregoing to be electronically 

transmitted to all counsel of record.

/s/ David P. Healy

Case 4:10-cv-00477-SPM -WCS Document 13 Filed 11/23/10 Page 2 of 2