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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID LOUIS WHITEHEAD,

Plaintiff

- Appellant,

v.

NETFLIX, INC.; et al.,

Defendants

- Appellees. No. 19

- 55905

D.C. No. 2:19

- cv

- 05500

- JFW

- RAO

MEMORANDUM *

Appeal from the United States District Court

for the Central District of California

John F. Walter, District Judge, Presiding

Submitted December 2 , 2020 * *

Before: WALLACE, SILVERMAN , and BRESS, Circuit Judges.

D avid Louis Whitehead appeals pro se from the district court ’ s order

dismissing his action under a pre

- filing vexatious litigant order

. We have

jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Moy v.

United States , 906 F.2d 467, 469 (9th Cir. 1990). We affirm.

* 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). 

# FI LED

DEC 10 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 19

- 55905

The district court did not abuse its discretion by rejecting Whitehead’s

proposed filing s and dismissing his action because the filing s were within the

scope of the district court’s pre

- filing vexatious litigant order. See Weissman v.

Quail Lodge, Inc. , 179 F.3d 1194, 1197 (9th Cir. 1999) (“ District courts have the

inherent power to file restrictive pre

- filing orders against vexatious litigant s with

abusive and lengthy histories of litigation. Such pre

- filing orders may enjoin the

litigant from filing further actions or papers unless he or she first meets certain

requirements, such as obtaining leave of the court . . . .” (internal citation

re moved)).

We reject as without merit Whitehead’s contention s that the district judge

and magistrate judge s should have recused themselves from this action

.

Whitehead’s pending motions are denied.

AFFIRMED.
CFO Press Release






	
			
	                   
	 
	 

	 
	 

	 
	 

	 
	Heartland Payment Systems

	 
	90 Nassau Street

	 
	 
	Princeton, NJ 08542

	 
	 
	888.798.3131

	 
	 
	HeartlandPaymentSystems.com








Samir Zabaneh Joins Heartland Payment Systems® as CFO


Princeton, N.J., April 7, 2014 - Samir Zabaneh has joined Heartland Payment Systems (NYSE: HPY), one of the nation’s largest payment processors and a leading provider of merchant business solutions, as Chief Financial Officer (CFO). He will be responsible for providing overall strategic and operational direction of the company’s finance department including reporting, treasury, taxation and corporate planning and development, as well as investor relations. As a key operating executive, Samir will also work directly with the CEO and senior management to help develop innovative business solutions and strategies to ensure corporate objectives are achieved.


“Samir has proven his outstanding skills as a financial and business leader with many organizations, most recently in our industry.  Heartland is very pleased to welcome him to our company,” said Robert O. Carr, Chairman and CEO of Heartland. “We are confident that Samir’s sound financial management skills will help drive Heartland’s business growth and success in the coming years.”


Prior to joining Heartland, Samir served as Chief Financial and Strategy Officer as well as Chief Operating Officer for Moneris Solutions Corporation, Canada’s leading payment processor, based in Toronto.  Prior to joining Moneris, Samir also held various leadership roles with Fortress Investment Group, Q9 Networks, Inc., CIT/Newcourt Capital, Inc., PwC, and Ernst & Young.


Samir graduated from Northeastern University, Boston, with a Bachelor of Science degree in accounting.  He also earned a Master of Science degree in finance from Boston College, and an MBA degree from Suffolk University, Boston.  Samir is a member of the American Institute of Certified Public Accountants.




About Heartland Payment Systems
Heartland Payment Systems, Inc. (NYSE:HPY), the fifth largest payments processor in the United States, delivers credit/debit/prepaid card processing, mobile commerce, e-commerce, marketing solutions, security technology, payroll solutions, and related business solutions and services to more than 275,000 business and educational locations nationwide. A FORTUNE 1000 company, Heartland is the founding supporter of The Merchant Bill of Rights, a public advocacy initiative that educates merchants about fair credit and debit card processing practices. Heartland also established The Sales Professional Bill of Rights to advocate for the rights of sales professionals everywhere. More detailed information can be found at HeartlandPaymentSystems.com, HeartlandPaymentSystems.com/Careers, Heartlandpaymentsystems.com/Blog or follow the company on Twitter@HeartlandHPY and Facebook at facebook.com/HeartlandHPY


Contact:
Elizabeth McDonnell 
Gibbs & Soell
212-697-2600
emcdonnell@gibbs-soell.com
EXHIBIT 32.2
 CFO CERTIFICATION
PURSUANT TO SECTION 906 OF THE
SARBANES  OXLEY ACT OF 2002
   (i)
    
    the Form 10-Q fully complies with the requirements of section 13(a) or section
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and(ii)
    
    the information contained in the Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the Issuer.
  /s/ Robert Copple

Robert Copple
Chief Financial Officer
  /s/ Carol Waldman

Name: Carol Waldman
Title: Notary Public
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 Southern States Power Company, Inc.
(the  "Company") on Form 10-KSB for the year ending April 30, 2002 as filed with
the  Securities  and  Exchange  Commission on the date hereof (the "Report"), I,
Harrison  A.  McCoy  III, Chief Executive Officer of the Company, certify to the
best  of  my  knowledge, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to
Sec.  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.

/s/ Harrison A. McCoy III
__________________________
Harrison  A.  McCoy  III
Chief  Executive  Officer
August  12,  2002
* Pursuant to 5 TH C IR
. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR
. R. 47.5.4. 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-10888 Conference Calendar
UNITED STATES OF AMERICA Plaintiff-Appellee
v. LYNN SMIRL Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:07-CR-3-16 Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent Lynn Smirl has moved for leave to withdrawand hasfiled a briefin accordance with Andersv. California, 386 U.S. 738 (1967). Smirl has filed a response. The record is insufficiently developed to allow consideration at this time of Smirl’s claim of ineff ective assistance of counsel; such claims generally “cannot be resolved on direct appeal when [they have] not been raised before the district court since no opportunity existed to United States Court of Appeals

Fifth Circuit 

### F I L E D August 20, 2008 Charles R. Fulbruge III ClerkNo. 07-10888

2 develop the record on the merits ofthe allegations.” U nited States v. Cantwell , 470 F.3d 10

87, 1091 (5th Cir. 2006) (internal quotation marks and citation omitted). Our independent review of the record, counsel’s brief, and Smirl’s response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, his motion for the appointment of substitute counsel is DENIED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR
. R. 42.2.
EXHIBIT 32.2


                           SECTION 1350 CERTIFICATION


     In connection  with the Quarterly  Report of  School4Chauffeurs,  Inc. (the
"Company") on Form 10-Q for the quarter  ending March 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jeffery
E. Jones,  Secretary/Treasurer  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 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 results of operations
          of the Company.


Date: May 12, 2008



                                        By: /s/ JEFFERY E. JONES
                                            ___________________________
                                                Jeffery E. Jones
                                                Secretary/Treasurer
Case 4:17-cr-01849-RM-BGM Document 26 Filed 11/29/17 Page 1 of 3
Case 4:17-cr-01849-RM-BGM Document 26 Filed 11/29/17 Page 2 of 3
Case 4:17-cr-01849-RM-BGM Document 26 Filed 11/29/17 Page 3 of 3
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 Quarterly Report of MEMSIC, Inc. (the Company) on Form 10-Q for the period ending September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Yang Zhao, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|/s/ YANG ZHAO          
|Yang Zhao              
|Chief Executive Officer
|November 13, 2009      

This Certification shall not be deemed part of the Report or incorporated by
reference into any of the Companys filings with the Securities and Exchange Commission by implication or by any reference in any such filings to the Report.
CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-38643), as amended,  pertaining to the 1997 Equity Incentive Plan of
BEI Technologies, Inc., of our report dated October 29, 2001 with respect to the
consolidated  financial  statements and schedule of BEI  Technologies,  Inc. and
subsidiaries,  included  in the  Annual  Report  (Form  10-K) for the year ended
September 29, 2001.




                                                               Ernst & Young LLP


San Francisco, California
December 19, 2001
#### NATIONAL CONVENIENCE STORES, INC., Appellant, v. Albert MARTINEZ and Wife, Elaine Martinez, Appellees.

No. 01-88-00838-CV.

Court of Appeals of Texas, Houston (1st Dist.).

Jan. 26, 1989.

Steve Grosman, Houston, for appellant.

Lloyd M. Lunsford, Houston, for appel-lees.

Before EVANS, C.J., and DUGGAN and O’CONNOR, JJ.

ORDER

PER CURIAM.

Appellees ask this Court to increase the supersedeas bond. They assert the posted supersedeas bond is insufficient for failure to include post-judgment interest. We agree and increase the supersedeas bond to include post-judgment interest for 18 months at the rate of 10 percent.

Tex.R.App.P. 47(b) requires a super-sedeas bond to be at least in an amount of the judgment, interest and costs. A super-sedeas bond that does not include interest is “patently ineffective.” *Cooper v. Bowser,*583 S.W.2d 805, 807 (Tex.Civ.App.—San Antonio 1979, no writ). The superse-deas bond filed by appellant is for $214,-448.98, which is sufficient to cover only the amount of the judgment and prejudgment interest. Therefore, the bond does not comply with the requisites of Rule 47.

A supersedeas bond can be written either for a sum certain (including an estimate of the post-judgment interest that will accrue pending appeal), or written generally to cover the amount of interest that will become due, specifying only the rate of interest and the date from which it begins to accrue. *Kennesaw Life & Accident Ins. v. Streetman,*644 S.W.2d 915, 917 (Tex.App.—Austin 1983, writ ref'd n.r.e.).

Accordingly, appellant is directed to file an amended supersedeas bond, with the amount of the bond described as $214,-448.98, plus post-judgment interest accruing at the rate of 10 percent per annum from the date of judgment, May 16, 1988, for 18 months, and in other respects complying with Rule 47. Should appellant fail to post the amended supersedeas bond within 20 days after the date of this order, this Court will permit the trial court to issue execution on the judgment. Tex.R. App.P. 49(c).

It is so ordered.
**EXHIBIT32.2**

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350**

Inconnection with the IOMED, Inc. (the “Company”) Annual Report on Form 10-K forthe period ending June 30, 2006, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Brian L. Mower, ChiefFinancial Officer of the Company, do hereby certify, pursuant to 18 U.S.C.Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that to the best of my knowledge:

1.                                       TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities and Exchange Act of 1934, as amended; and

2.                                       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| Date:  |   | September 26, 2006 |   | By:    |   | /s/ BRIAN L. MOWER, CPA |   |
|--------|--------|--------------------|--------|--------|--------|-------------------------|--------|
|   |   |               |   |   |   | Brian L. Mower, CPA     |
|   |   |               |   |   |   | Chief Financial Officer |

 

A signed originalof this written statement required by Section 906 has been provided to IOMED,Inc. and will be retained by IOMED, Inc. and furnished to the Securities andExchange Commission or its staff upon request.

----
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff, CASE NO: 09-20021

v. DISTRICT JUDGE THOMAS L. LUDINGTON

MAGISTRATE JUDGE CHARLES E. BINDER

JOSE TRINIDAD ROJAS-GAMINO,

Defendant.

/

MAGISTRATE JUDGE’S REPORT, FINDINGS AND 

RECOMMENDATION CONCERNING PLEA OF GUILTY

I. REPORT AND FINDINGS

On April 28, 2009, this case was referred to the undersigned Magistrate Judge pursuant to

28 U.S.C. §§ 636(b)(1(B) and 636(b)(3) for purposes of receiving, on consent of the parties,

Defendant’s offer of a plea of guilty. The Defendant, along with counsel, appeared before me on

April 28, 2009. In open court, the Defendant was examined under oath. I confirmed the

Defendant’s consent, and then advised and questioned the Defendant regarding each of the

inquiries prescribed by Rule 11(b) of the FEDERAL RULES OF CRIMINAL PROCEDURE. Based upon

the Defendant’s answers and demeanor, I HEREBY FIND 1) that the Defendant is competent to

tender a plea, 2) that Defendant’s plea was knowingly and intelligently made, and 3) that the

offense to which he pled is supported by an independent basis in fact containing each of the

essential elements of the offense. Therefore, I have ordered the preparation of a presentence

investigation report.

1:09-cr-20021-TLL-CEB Doc # 17 Filed 04/29/09 Pg 1 of 2 Pg ID 55
II. RECOMMENDATION

For the reasons set forth above, IT IS RECOMMENDED that subject to the Court’s

consideration of the plea agreement pursuant to Rule 11(c) of the FEDERAL RULES OF CRIMINAL

PROCEDURE, the Defendant be adjudged guilty and have sentence imposed.

III. REVIEW

The parties to this action may object to and seek review of this Report and Recommendation

within ten (10) days of service of a copy hereof as provided for in 28 U.S.C. § 636(b)(1). Failure

to file specific objections constitutes a waiver of any further right of appeal. Thomas v. Arn, 474

U.S. 140, 106 S. Ct. 466, 88 L. Ed.2d 435 (1985); Frontier Ins. Co. v. Blaty, 454 F.3d 590, 596

(6th Cir. 2006); United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005). The parties are

advised that making some objections, but failing to raise others, will not preserve all the objections

a party may have to this Report and Recommendation. McClanahan v. Comm’r of Social Security,

474 F.3d 830, 837 (6th Cir. 2006); Frontier Ins. Co., 454 F.3d at 596-97. Pursuant to E.D. Mich.

LR 72.1(d)(2), a copy of any objections is to be served upon this Magistrate Judge.

 s/ Charles` E Binder 

CHARLES E. BINDER 

Dated: April 29, 2009 United States Magistrate Judge

CERTIFICATION

I hereby certify that this Report and Recommendation was electronically filed this date,

electronically served on James Brunson and James Piazza, and served on District Judge

Ludington in the traditional manner.

Date: April 29, 2009 By s/Jean L. Broucek 

Case Manager to Magistrate Judge Binder

1:09-cr-20021-TLL-CEB Doc # 17 Filed 04/29/09 Pg 2 of 2 Pg ID 56
[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Notices]
[Pages 35270-35271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17155]


=======================================================================
-----------------------------------------------------------------------

[[Page 35271]]

NATIONAL SKILL STANDARDS BOARD


Notice of Open Meeting

AGENCY: National Skill Standards Board.

ACTION: Notice of Open Meeting.

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

SUMMARY: The National Skill Standards Board was established by an Act 
of Congress, the Goals 2000: Educate America Act of 1994, Title V, Pub. 
L. 103-227. The 27-member National Skill Standards Board will serve as 
a catalyst and be responsible for the development and implementation of 
a national system of voluntary skill standards and certification 
through voluntary partnerships which have the full and balanced 
participation of business, industry, labor, education, and other key 
groups.

TIME AND PLACE: The meeting will be held from 8 a.m. to approximately 4 
p.m. on Friday, July 19, 1996, in the Mt. Vernon Salon A & B, 2nd Floor 
of the Madison Hotel at 15th & M Streets, NW., Washington, DC.

AGENDA: The agenda for the Board Meeting will include discussion of: 
planning and framework discussions for the upcoming Skill Standards 
Summit this fall.

PUBLIC PARTICIPATION: The meeting from 8 a.m. to 4 p.m., is open to the 
public. Seating is limited and will be available on a first-come, 
first-served basis. Seats will be reserved for the media. Disabled 
individuals should contact Claire Grenewald at (202) 254-8628, if 
special accommodations are needed.

FOR FURTHER INFORMATION CONTACT:
Sally Conway, NSSB Outreach Director, at (202) 254-8628.

    Signed at Washington, DC, this 24th day of June 1996.
Judy Gray,
Executive Director, National Skill Standards Board.
[FR Doc. 96-17155 Filed 7-3-96; 8:45 am]
BILLING CODE 4510-23-M
<PAGE>

                                                                Exhibit 12.1

                   Statement Regarding Computation of Ratios
         (In thousands, except ratio of earnings to fixed charges data)
<TABLE>
<CAPTION>


                                                           Years Ended December 31,
                                           ---------------------------------------------------------
                                             1999        1998         1997         1996        1995
                                           -------     --------     --------     -------      ------
<S>                                         <C>        <C>          <C>          <C>          <C>
Fixed charges:
  Interest expense on debt                $ 45,293     $ 31,930     $ 21,367     $ 6,173      $  297
  Capitalized interest                       1,074          529            -           -           -
  Interest element of rent expense           3,309        2,440        2,053         424          25
  Fixed charges of unconsolidated
    subsidiary                                -               -            -       1,564         782
                                          --------     --------     --------     -------      ------
                                          $ 49,676     $ 34,899     $ 23,420     $ 8,161      $1,104
                                          ========     ========     ========     =======      ======


Earnings:
  Consolidated net income (loss)          $(54,979)    $(34,342)   $(10,773)    $ (3,910)    $  (504)
  Extraordinary loss                             -        8,436         508            -           -
  Preacquisition earnings (losses)               -            -         (74)           -           -
  Provision (benefit) for income taxes          94       (6,454)     (3,324)      (1,233)       (303)
   Fixed charges                            49,676       34,899      23,420        8,161       1,104
                                            ------      --------    --------      -------    -------
                                          $ (5,209)     $  2,539    $  9,757      $ 3,018     $  297
                                          ========      ========    ========      =======    =======

Ratio of Earnings to Fixed Charges              --           --           --          --          --
                                          ========      ========    ========      =======    =======

Coverage Deficiency                       $ 54,885      $ 32,360    $ 13,663      $ 5,143    $   807

</TABLE>
Case 2:09-cv-10454-VAR-VMM Document 66-24 Filed 11/19/10 Page 1 of 3
Case 2:09-cv-10454-VAR-VMM Document 66-24 Filed 11/19/10 Page 2 of 3
Case 2:09-cv-10454-VAR-VMM Document 66-24 Filed 11/19/10 Page 3 of 3