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).

08-55013

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ROBERT J. JAFFE,

 Plaintiff - Appellant,

 v.

DAVID P. YAFFE, The Honorable, in his

Judicial and individual capacities; et al.,

 Defendants - Appellees.

No. 08-55013

D.C. No. 2:06-cv-08094-DDP-JTL

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Dean D. Pregerson, District Judge, Presiding

Submitted May 25, 2010** 

Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.

Robert J. Jaffe appeals pro se from the district court’s order rejecting Jaffe’s

Federal Rule of Civil Procedure 60(b) motion. We have jurisdiction under 28

FILED

JUN 22 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
08-55013

U.S.C. § 1291. We review for an abuse of discretion the district court’s decision

regarding the management of its case. Muckleshoot Tribe v. Lummi Indian Tribe,

141 F.3d 1355, 1358 (9th Cir. 1998). We affirm.

The district court did not abuse its discretion by rejecting Jaffe’s Rule 60(b)

motion. The rejection was consistent with this court’s mandate upon summarily

affirming the district court’s order dismissing Jaffe’s suit for lack of subject matter

jurisdiction under the Rooker-Feldman doctrine. See Palomo v. Baba, 497 F.2d

959, 960 (9th Cir. 1974) (per curiam) (recognizing that any orders by a district

court following issuance of the mandate must be consistent “as to all matters

encompassed by the mandate”).

We decline to address Jaffe’s contentions regarding the underlying dismissal

of his case.

AFFIRMED.
[Federal Register Volume 60, Number 62 (Friday, March 31, 1995)]
[Rules and Regulations]
[Pages 16586-16587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7903]



=======================================================================
-----------------------------------------------------------------------
[[Page 16587]]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 672

[Docket No. 950206041-5041-01; I.D. 032795A]


Groundfish of the Gulf of Alaska; Deep-Water Species Fishery by 
Vessels Using Trawl Gear in the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

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

SUMMARY: NMFS is prohibiting directed fishing for species that comprise 
the deep-water species fishery by vessels using trawl gear in the Gulf 
of Alaska (GOA). This action is necessary because the first seasonal 
bycatch allowance of Pacific halibut apportioned to the deep-water 
species fishery in the GOA has been caught.

EFFECTIVE DATE: 12 noon, Alaska local time (A.l.t.), March 27, 1995, 
until 12 noon, A.l.t., April 1, 1995.

FOR FURTHER INFORMATION CONTACT: Andrew N. Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: The groundfish fishery in the GOA exclusive 
economic zone is managed by NMFS according to the Fishery Management 
Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North 
Pacific Fishery Management Council under authority of the Magnuson 
Fishery Conservation and Management Act. Fishing by U.S. vessels is 
governed by regulations implementing the FMP at 50 CFR parts 620 and 
672.
    In accordance with Sec. 672.20(f)(1)(i), the deep-water species 
fishery, which is defined at Sec. 672.20(f)(1)(i)(B)(2), was 
apportioned 100 metric tons of Pacific halibut prohibited species catch 
for the first season, the period January 20, 1995, through March 31, 
1995 (60 FR 8470, February 14, 1995).
    The Director, Alaska Region, NMFS, has determined, in accordance 
with Sec. 672.20(f)(3)(i), that vessels participating in the trawl 
deep-water species fishery in the GOA have caught the first seasonal 
bycatch allowance of Pacific halibut apportioned to that fishery. 
Therefore, NMFS is prohibiting directed fishing for each species and 
species group that comprises the deep-water species fishery by vessels 
using trawl gear in the GOA. The species and species groups that 
comprise the deep-water species fishery are: All rockfish of the genera 
Sebastes and Sebastolobus, Greenland turbot, Dover sole, Rex sole, 
arrowtooth flounder, and sablefish.

Classification

    This action is taken under 50 CFR 672.20 and is exempt from review 
under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 27, 1995.
David S. Crestin,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-7903 Filed 3-27-95; 4:50 pm]
BILLING CODE 3510-22-F
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.                  

###### Federal Communications Commission

          - 47 CFR Parts 1, 2, and 27
          - [WT Docket No 19-348; Report No. 3174; FRS 28894]

# AGENCY:

Federal Communications Commission.

# ACTION:

Petition for Reconsideration.

# SUMMARY:

Petitions for Reconsideration (Petitions) have been filed in the Commission's rulemaking proceeding by David Silver, on behalf of The Aerospace Industries Association; D. Cary Mitchell, on behalf of The Blooston Rural Carriers; and Carri Bennet, on behalf of The Rural Wireless Association, Inc.

# DATES:

Oppositions to the Petition must be filed on or before June 18, 2021. Replies to an opposition must be filed on or before June 28, 2021.

# ADDRESSES:

Federal Communications Commission, 45 L Street NE, Washington, DC 20554.

# FOR FURTHER INFORMATION CONTACT:

                        Joyce Jones, Wireless Telecommunications Bureau, Mobility Division, (202) 418-1327 or                         *joyce.jones@fcc.gov.*

# SUPPLEMENTARY INFORMATION:

                    This is a summary of the Commission's document, Report No. 3174, released May 20, 2021. The full text of the Petitions can be accessed online via the Commission's Electronic Comment Filing System at:                     *http://apps.fcc.gov/​ecfs/​.*                     The Commission will not send a Congressional Review Act (CRA) submission to Congress or the Government Accountability Office pursuant to the CRA, 5 U.S.C. 801(a)(1)(A), because no rules are being adopted by the Commission.                

*Subject:*                     Facilitating Shared Use in the 3100-3550 MHz Band, FCC 21-32, 86 FR 17920, April 7, 2021, WT Docket No. 19-348. This document is being published pursuant to 47 CFR 1.429(e).                     *See also*47 CFR 1.4(b)(1) and 1.429(f), (g).                

*Number of Petitions Filed:*                     3.                

      ( print page 29736)    
Federal Communications Commission.

Marlene Dortch,

Secretary, Office of the Secretary.

[FR Doc. 2021-11676 Filed 6-2-21; 8:45 am]

BILLING CODE 6712-01-P
<Page>

                                                                   EXHIBIT 31.01

                     RULE 13a-14(a)/15d-14(a) CERTIFICATIONS

I, Robert M. Alderman, certify that:

1. I have reviewed this report on Form 10-Q of ML Cornerstone FuturesAccess LLC;

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 registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officer 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 registrant 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 registrant, 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;

    b) 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

    c) 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 that has materially affected, or is reasonably likely to
    materially affect, the registrant's internal control over financial
    reporting; and

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of registrant'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 overfinancial 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.


Date: May 16, 2005


By /s/ ROBERT M. ALDERMAN
   ----------------------
Robert M. Alderman
Chief Executive Officer, President and Manager
(Principal Executive Officer)
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A17D0126. JAFFTON B. RICHARDSON v. THE STATE.

In May 2016, Jaffton B. Richardson pled guilty to shoplifting and forgery. He

later filed a motion for an out-of-time appeal, which the trial court denied. 

Richardson then filed this timely application for discretionary appeal.

The denial of a motion for an out-of-time appeal is directly appealable.

Lunsford v. State, 237 Ga. App. 696, 696 (515 SE2d 198) (1999); see also

Wetherington v. State, 296 Ga. 451 (769 SE2d 53) (2015) (addressing merits of direct

appeal from denial of motion for out-of-time appeal following guilty plea).

Accordingly, this application for discretionary appeal is hereby GRANTED pursuant

to OCGA § 5-6-35 (j). Richardson shall have ten days from the date of this order to

file his notice of appeal in the trial court. OCGA § 5-6-35 (g). The clerk of the trial

court is directed to include a copy of this order in the record transmitted to the Court

of Appeals.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

10/17/2016

October 17, 2016
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5479 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5479

To amend title 10, United States Code, to give the Secretary of Defense 
authority to build capacity of foreign security forces with respect to 
                      certain fishing operations.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2023

 Mr. Graves of Louisiana (for himself and Mr. Huffman) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
To amend title 10, United States Code, to give the Secretary of Defense 
authority to build capacity of foreign security forces with respect to 
                      certain fishing operations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORITY TO BUILD CAPACITY OF FOREIGN SECURITY FORCES.

    Section 333(a) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(10) Counter-illegal, unreported, and unregulated fishing 
        operations.''.
                                 <all>
```
**EXHIBIT 32.1**

**SARBANES-OXLEY ACT SECTION 906CERTIFICATION**

In connection with this Quarterly Report on Form 10-Qof Foundation Coal Corporation for the period ended June 30, 2005, I,James F. Roberts Chief Executive Officer of Foundation Coal Corporation, herebycertify pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 ofthe Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

1.                This Form 10-Qfor the period ended June 30, 2005 fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934;and

2.                Theinformation contained in this Form 10-Q for the period ended June 30,2005 fairly presents, in all material respects, the financial condition andresults of operations of Foundation Coal Corporation.
| Date: August 15, 2005 |     | /s/ JAMES F.  ROBERTS     |
|----------------------------|----------|---------------------------|
|                       |     | James F. Roberts          |
| * *                   | * * | *Chief Executive Officer* |

 

----
<TABLE> <S> <C>

<ARTICLE>       5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE FINANCIAL STATEMENTS CONTAINED IN NFO RESEARCH, INC.'S
REPORT ON FORM 10-K FOR THE QUARTER ENDED DECEMBER 31, 1996,
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER>       1,000

<S>                                    <C>
<PERIOD-TYPE>                          12-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-END>                                   DEC-31-1996
<CASH>                                               4,086
<SECURITIES>                                             0
<RECEIVABLES>                                       28,834
<ALLOWANCES>                                           143
<INVENTORY>                                              0
<CURRENT-ASSETS>                                    36,086
<PP&E>                                              16,809
<DEPRECIATION>                                       5,796
<TOTAL-ASSETS>                                     101,457
<CURRENT-LIABILITIES>                               25,315
<BONDS>                                              4,821
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                               103
<OTHER-SE>                                          66,639
<TOTAL-LIABILITY-AND-EQUITY>                       101,457
<SALES>                                            109,162
<TOTAL-REVENUES>                                   109,162
<CGS>                                               48,329
<TOTAL-COSTS>                                       92,167
<OTHER-EXPENSES>                                       211
<LOSS-PROVISION>                                        20
<INTEREST-EXPENSE>                                     458
<INCOME-PRETAX>                                     16,326
<INCOME-TAX>                                         7,310
<INCOME-CONTINUING>                                  9,016
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                         9,016
<EPS-PRIMARY>                                          .83
<EPS-DILUTED>                                          .83


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED>


<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                          40,208
<SECURITIES>                                    30,453
<RECEIVABLES>                                   27,884
<ALLOWANCES>                                     2,099
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         609,869
<DEPRECIATION>                                  86,249
<TOTAL-ASSETS>                                 851,600
<CURRENT-LIABILITIES>                           91,480
<BONDS>                                        499,998
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          1
<COMMON>                                            26
<OTHER-SE>                                     246,663
<TOTAL-LIABILITY-AND-EQUITY>                   851,600
<SALES>                                        127,925
<TOTAL-REVENUES>                               127,925
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                53,205
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              39,050
<INCOME-PRETAX>                                 35,670
<INCOME-TAX>                                     6,125
<INCOME-CONTINUING>                             29,545
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  2,422
<CHANGES>                                            0
<NET-INCOME>                                    31,967
<EPS-PRIMARY>                                     1.19
<EPS-DILUTED>                                     1.10



</TABLE>
| 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. |
|----|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                       |   |   |
|------------------------------------------------------------|--------|--------|
|  By:      /s/ David C. Stuebe                         |   |
|   David C.      Stuebe                                |   |   |
| Vice      President, Treasurer and Chief Financial Officer |   |   |
| (Principal      Financial Officer)                         |   |   |
#### Roy BIRDSONG and Collyer Kelling, Plaintiffs/Appellants/Cross-Respondents, v. Bobbi BYDALEK, HCH Ozark Investors, Inc., Daniel C. Ruda, Santo M. Catanese, Vacation World, Inc., Dwight Sprague And Branson Commercial Property Investors Joint Venture, Defendants/Respondents/Cross-Appellants.

Nos. 20596, 20619, 20700.

Missouri Court of Appeals, Southern District, Division Two.

Oct. 22, 1996.

*218Richard E. Dorr, J. Michael Bridges, Dorr, Baird and Lightner, P.C., Springfield, for Plaintiffs/Appellants/Cross-Respondents.

Craig A. Smith, Daniel, Clampett, Powell & Cunningham, Springfield, for Defen-danVRespondenVCross-Appellant Bydalek.

Charles B. Cowherd, Bryan 0. Wade, Far-rington & Curtis, Springfield, for Defendants/Respondents/Cross-Appellants HCH Ozark Investors, Inc., Ruda, Catanese, Vacation World, Inc., Sprague and Branson Commercial Property Investors Joint Venture.

PER CURIAM.

In *Birdsong v. Bydalek,*905 S.W.2d 896 (Mo.App. S.D.1995), henceforth referred to as *“Birdsong I”*two appeals were brought to this court in this ease. One was by Roy Birdsong and Collyer Kelling (plaintiffs in the trial court); the other was by Bobbi Bydalek (one of the seven defendants). This court dismissed the appeals because the judgment did not dispose of all claims.

The pleadings on which this case was tried are identified and described in *Birdsong I. Id.*at 897-98. That opinion should be read as a preface to the present opinion.

Subsequent to *Birdsong I,*the trial court, on November 9, 1995, signed and filed an “Amended Judgment Entry.” In one part of that document, the trial court granted a motion by HCH Ozark Investors, Inc., Vacation World, Inc., Dwight Sprague and Branson Commercial Property Investors Joint Venture to dismiss Count III of their second amended cross-claim and counterclaim, thereby curing one of the ills that compelled dismissal of the appeals in *Birdsong I. Id.*at 897-98. However, the Amended Judgment Entry, while arguably adjudicating Count I of the pleading referred to in the preceding sentence, fails to either grant or deny relief on Count II.

Furthermore, the counterclaim of Bydalek sought actual damages, exemplary damages and attorney fees from Birdsong and Kelling. The Amended Judgment Entry awards By-dalek actual damages on her counterclaim, but neither grants nor denies exemplary damages or attorney fees.

Finally, the cross-claim of Bydalek sought sundry relief including, *inter alia,*compensatory damages and attorney fees against the other defendants. The Amended Judgment Entry neither grants nor denies compensatory damages or attorney fees on Bydalek’s cross-claim.

This court now has three appeals before it from the Amended Judgment Entry. One is by Birdsong and Kelling; the second is by Bydalek; the third is by the other six defendants.

Because the Amended Judgment Entry fails to adjudicate the claims identified earlier in this opinion, this court must again dismiss the appeals. The law compelling that result is set forth fully in *Birdsong I.*

Appeals dismissed.
#### COMMONWEALTH LLOYD’S INSURANCE COMPANY v. Roy E. THOMAS and Margie Thomas.

No. D-2321.

Supreme Court of Texas.

Jan. 20, 1993.

Agreed Motion of the parties to Dismiss and Vacate is granted; petitioner’s application for writ of error is granted without *487reference to the merits; respondents’ motion to dismiss for want of jurisdiction is overruled.

The judgments of the court of appeals and of the trial court are set aside without reference to the merits, and the cause is remanded to the trial court for entry of judgment in accordance with the settlement agreement of the parties.