alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

KAREN RICE, 

Plaintiff, 

v. Case No. 09-10571

Hon. Lawrence P. Zatkoff 

COMMISSIONER OF

SOCIAL SECURITY 

Defendant. 

 /

JUDGMENT

IT IS ORDERED AND ADJUDGED that pursuant to this Court’s opinion and order

dated February 10, 2010, Plaintiff’s action is DISMISSED WITH PREJUDICE.

Dated at Port Huron, Michigan, this 12th day of March, 2010.

DAVID J. WEAVER

CLERK OF THE COURT

BY: S/Marie E. Verlinde 

Marie E. Verlinde

Case Manager

APPROVED:

s/Lawrence P. Zatkoff 

LAWRENCE P. ZATKOFF

UNITED STATES DISTRICT JUDGE
Fialka-Feldman v. Oakland University Board of Trustees Doc. 45 Att. 9

Dockets.Justia.com
#### STATE of Missouri, Respondent, v. Sharyl MENNING, Appellant.

No. WD 47784.

Missouri Court of Appeals, Western District.

Feb. 8, 1994.

Ellen H. Flottman, Office of the State Public Defender, Columbia, for appellant.

Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before TURNAGE, P.J., and BRECKENRIDGE and HANNA, JJ.

*ORDER*

PER CURIAM.

The defendant appeals from her conviction by a jury for stealing, § 570.030, RSMo 1986, raising the sole issue of the sufficiency of the evidence. The court levied a fine of $5,000 *907and suspended the execution of all but $1,000 and placed her on probation for five years.

Affirmed. Rule 30.25(b).
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SELENE FUMIE STEWART,

Plaintiff

- Appellant,

v.

DEPARTMENT OF CONSUMER AFFAIRS OF CALIFORNIA;
CALIFORNIA BOARD OF VOCATIONAL
NURSES AND PSYCHIATRIC TECHNICIANS; DEPARTMENT OF HEALTH CARE SERVICES,

Defendants

- Appellees. No. 22

- 15315

D.C. No. 3:21

- cv

- 07674

- EMC

MEMORANDUM *

Appeal from the United States District Court
for the Northern District of California Edward M. Chen, District Judge, Presiding

Submitted June 26, 2023 * *

Before : CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges.

Selene Fumie Stewart appeals pro se fr om the district court’s judgment

dismissing h er 42 U.S.C. § 1983 action alleging various constitutional claims

. We

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JUN 30 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 22

- 15315

have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28

U.S.C. § 1915(e ) (2)(B)(ii)

. Watison v. Carter , 668 F.3d 1 108, 1112 (9th Cir.

2012). We affirm.

The district court properly dismissed Stewart’s equal protection and

procedural due process claims because Stewart failed to allege facts sufficient to

state any plausible claim. See Hebbe v. Pliler , 627 F.3d 338, 341

- 42 (9th Cir.

2010) (holding that although pro se pleadings are to be construed liberally, a

plaintiff must present factual allegations sufficient to state a plausible claim for

relief); see also Furnace v. Sullivan , 705 F.3d 1021, 1030 (9th Cir. 2013) (setting

forth pleading requirements for equal protection claim ) ; Portman v. C ounty of

Santa Clara , 995 F.2d 898, 904 (9th Cir. 1993) (setting forth elements of

procedural due process claim).

In her opening brief

, Stewart fails to address t he grounds for dismissal of her

claims that arose prior to September 30, 2019 and has therefore waived her

challenge to the district court’s determination that those claims are untimely

. See

Indep. Towers of Wash. v. Washington , 350 F.3d 925, 929 (9th Cir . 2003) (“[W]e

will not consider any claims that were not actually argued in appellant’s opening

brief.”); Acosta

- Huerta v. Estelle , 7 F.3d 139, 144 (9th Cir. 1993) (issues not

supported by argument in pro se appellant’s opening brief are waived).

We do not consider arguments and allegations raised for the first time on3 22

- 15315

appeal. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).

All pending motions and requests are denied.

AFFIRMED.
EXHIBIT 32.1 CERTIFICATION Pursuant to
the requirements set forth in Rule 13a-14(b) of the Securities Exchange Act of
1934, as amended, and Section 1350 of Chapter 63 of Title 18 of the United
States Code (18 U.S.C. § 1350, as adopted, the Sarbanes-Oxley Act), D. Andrew
Myers, the Chief Executive Officer of Scientific Learning Corporation (the
Company), hereby certifies that, to the best of his knowledge: 1.
The
 Companys Annual Report on Form 10-K for the period ended December 31, 2008,
 to which this Certification is attached as Exhibit 32.1 (the Periodic
 Report), fully complies with the requirements of Section 13(a) or Section
 15(d) of the Securities Exchange Act of 1934, as amended; and2.
The
 information contained in the Periodic Report fairly presents, in all material
 respects, the financial condition and results of operations of the Company.  Dated: March
 5, 2009/s/ D.
 Andrew MyersD. Andrew
 MyersChief
 Executive Officer This
certification accompanies and is being furnished with this Periodic Report,
shall not be deemed filed by the Company for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended or otherwise subject to liability
under that Section and shall not be deemed to be incorporated by reference into
any filing of the Company under the Securities Act of 1933, as amended, or the
Securities Exchange Act of 1934, as amended, whether made before or after the
date of this Periodic Report, irrespective of any general incorporation
language contained in such filing.
[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Notices]
[Pages 33907-33908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16610]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Public Information Collection Requirement Submitted to the Office 
of Management and Budget (OMB) for Review; Notice

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for revision to a currently approved collection of 
information under the provisions of the Paperwork Reduction Act (44 
U.S.C. Chapter 35).
    Title; Associated Form; and OMB Control Number: Application for MSC 
Afloat Employment; MSC 12310/1; OMB Control Number 0703-0014.
    Type of Request: Reinstatement without change.
    Number of Respondents: 11,700.
    Responses Per Respondent: 1.
    Annual Responses: 11,700.
    Average Burden Per Response: 2 hours.
    Annual Burden Hours: 23,400.
    Needs and Uses: This collection of information is used to identify 
specific knowledges, skills, and abilities, as well as to determine 
qualifications of, merchant marine applicants for positions on Military 
Sealift Command ships. The associated form is used by the applicant to 
provide information beyond that inherent in the licenses and documents 
held by the individual.
    Affected Public: Individuals or households.

[[Page 33908]]

    Frequency: On occasion.
    Respondent's Obligation: Required to obtain or retain benefits.
    OMB Desk Officer: Mr. Edward C. Springer.
    Written comments and recommendations on the proposed information 
collection should be sent to Mr. Springer at the Office of Management 
and Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    DOD Clearance Officer: Mr. William Pearce.
    Written requests for copies of the information collection proposal 
should be sent to Mr. Pearce, WHS/DIOR, 1215 Jefferson Davis Highway, 
Suite 1204, Arlington, VA 22202-4302.

    Dated: June 25, 1996.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 96-16610 Filed 6-28-96; 8:45 am]
BILLING CODE 5000-04-M
#### Carl HAGER, Petitioner-Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent-Appellant.

No. 19655.

Missouri Court of Appeals, Southern District, Division One.

March 10, 1995.

Jeremiah W. (Jay) Nixon, Atty. Gen., Rodney P. Massman, Sp. Asst. Atty. Gen., Mo. Dept, of Revenue, Jefferson City, for appellant.

W. Edward Reeves, Caruthersville, for respondent.

FLANIGAN, Judge.

The Director of Revenue entered an order, effective April 15, 1994, suspending the driver’s license of Carl Hager. Pursuant to § 302.311 RSMo 1994, V.A.M.S., Hager filed a timely appeal to the circuit court of the county of his residence. On May 12, 1994, after a hearing at which evidence was received, the trial court entered a judgment reversing the Director’s order of suspension. The Director appeals.

In connection with this appeal, the Director requested a transcript of the evidence, but no transcript had been made. The record on appeal, through no fault of the Director, does not contain a transcript of the evidence. This omission requires reversal and remand. *Sellenriek v. Director of Revenue,*826 S.W.2d 338, 342[4] (Mo. banc 1992) (appeal in “the seventh case”); *Hertel v. Director of Revenue,*887 S.W.2d 775 (Mo.App.1994); *Vogel v. Director of Revenue,*804 S.W.2d 432, 434-435[2] (Mo.App.1991).

The judgment is reversed and the cause remanded for further proceedings consistent with this opinion.

SHRUM, C.J., and MONTGOMERY, J., concur.
|   | (1) | The      Report fully complies with the requirements of Section 13(a) or 15(d), as      applicable, 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      at the dates and for the periodsindicated. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:      August 13, 2009 | /s/ Yushan Zheng                                 |
|----------------------------|--------------------------------------------------|
|                       | Yushan      Zheng                                |
|                       | Chief      Financial Officer                     |
|                       | (Principal      Financial and AccountingOfficer) |

----
I

104TH CONGRESS

2D SESSION H. R. 3635

To direct the Secretary of the Interior to enter into an agreement with

the Governor of the Virgin Islands, upon request, that provides for

the transfer of the authority to manage Christiansted National Historic

site.

IN THE HOUSE OF REPRESENTATIVES

JUNE 13, 1996

Mr. FRAZER (for himself, Mr. BALDACCI, Mr. BISHOP, Mr. THOMPSON, Ms.

NORTON, Mr. MORAN, Mr. WYNN, Mr. HASTINGS of Florida, Mrs. MEEK

of Florida, Mr. LUTHER, Mr. ROMERO-BARCELO ́, Mr. HILLIARD, Ms.

MCKINNEY, Mrs. CLAYTON, Mr. RANGEL, Mr. DORNAN, Ms. JACKSONLEE, Mr. LEWIS of Georgia, Mr. FLAKE, Mr. HAYWORTH, and Mr.

MENENDEZ) introduced the following bill; which was referred to the Committee on Resources

A BILL

To direct the Secretary of the Interior to enter into an

agreement with the Governor of the Virgin Islands, upon

request, that provides for the transfer of the authority

to manage Christiansted National Historic site.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 3635 IH

1 SECTION 1. TRANSFER OF AUTHORITY TO MANAGE AND

2 CONTROL CHRISTIANSTED NATIONAL HIS3 TORIC SITE.

4 (a) IN GENERAL.—Upon the request of the Governor

5 of the Virgin Islands, the Secretary of the Interior shall

6 enter into an agreement with the Governor which transfers

7 to the Governor the authority to manage Christiansted

8 National Historic site, located in Christiansted, Virgin Is9 lands.

10 (b) CONTENTS OF AGREEMENT.—The agreement

11 under subsection (a) shall include provisions which—

12 (1) transfer the authority to manage Christian13 sted National Historic site upon a determination by

14 the Secretary of the Interior that the Government of

15 the Virgin Islands has the financial ability and com16 mitment to maintain and operate the site without fi17 nancial assistance from the Federal Government;

18 (2) retain for the United States fee title to all

19 property comprising Christiansted National Historic

20 site;

21 (3) require the Government of the Virgin Is22 lands to continue to use Christiansted National His23 toric site for the purposes for which it is used on the

24 date of the enactment of this Act, in accordance

25 with standards and plans approved by the Secretary

26 that shall be specified in the agreement; and
3

•HR 3635 IH

1 (4) authorize the Secretary to terminate the

2 agreement and revoke authority transferred by the

3 agreement, if the Secretary finds that the Govern4 ment of the Virgin Islands is not complying with re5 quirements under paragraph (3) or is otherwise not

6 in compliance with the agreement.

Æ
IIA

104TH CONGRESS

2D SESSION H. R. 3735

IN THE SENATE OF THE UNITED STATES

JULY 31, 1996

Read twice and referred to the Committee on Foreign Relations

AN ACT

To amend the Foreign Assistance Act of 1961 to reauthorize

the Development Fund for Africa under chapter 10 of

part I of that Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 3735 RFS

1 SECTION 1. REAUTHORIZATION OF DEVELOPMENT FUND

2 FOR AFRICA.

3 Section 497 of the Foreign Assistance Act of 1961

4 (22 U.S.C. 2294) is amended—

5 (1) by inserting after the section heading the

6 following:

7 ‘‘(a) IN GENERAL.—There are authorized to be ap8 propriated to carry out this chapter, in addition to

9 amounts otherwise available for such purposes,

10 $704,000,000 for each of the fiscal years 1997, 1998, and

11 1999.’’; and

12 (2) by striking ‘‘Funds appropriated’’ and in13 serting the following:

14 ‘‘(b) AVAILABILITY.—Funds appropriated’’.

Passed the House of Representatives July 29, 1996.

Attest: ROBIN H. CARLE,

Clerk.

By LINDA NAVE,

Deputy Clerk.
#### STATE of Missouri, Respondent, v. Zedric CRAWFORD, Appellant. Zedric CRAWFORD, Movant-Appellant, v. STATE of Missouri, Respondent.

Nos. 67434, 69326.

Missouri Court of Appeals, Eastern District, Division Five.

Nov. 26, 1996.

Emmett D. Queener, Asst. Public Defender, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Fernando Bermudez, Assistant Attorney General, Jefferson City, for Respondent.

Before AHRENS, C.J., and CRANDALL, J., and CHARLES B. BLACKMAR, Senior Judge.

*ORDER*

PER CURIAM.

Defendant, Zedric Crawford, appeals his judgments of conviction, after a jury trial, for second degree murder, first degree robbery, *638two counts of armed criminal action and unlawful use of a weapon. Defendant was sentenced to three consecutive terms of twenty years for murder, robbery and the second armed criminal action count, and to concurrent terms of fifteen and five years, respectively, for the first armed criminal action count and unlawful use of a weapon. Defendant also appeals the denial of his Rule 29.15 motion after an evidentiary hearing.

No jurisprudential purpose would be served by a written opinion for defendant’s point regarding his direct appeal. The judgments of conviction are affirmed. Rule 30.25(b).

The judgment of the motion court denying defendant’s Rule 29.15 motion is based on findings of fact that are not clearly erroneous; no error of law appears. The judgment is affirmed. Rule 84.16(b).
DISTRICT JUDGE'S MINUTES

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA – PHOENIX

U.S. District Judge: Diane J. Humetewa Date: October 11, 2023

USA v. Michael Lacey, et al Case Number: CR-18-00422-PHX-DJH

Assistant U.S. Attorneys: Kevin Rapp, Austin Berry, Margaret Perlmeter, Andrew Stone, Peter 

Kozinets

Attorneysfor Defendants: Paul J. Cambria Jr., Retained for Defendant Lacey, present; Bruce S. Feder, 

Retained (Knapp) and Eric W. Kessler, CJA for Defendant Spear, present; Gary S. Lincenberg and Gopi 

K. Panchapakesan, Retained for Defendant Brunst, present; David S. Eisenberg, CJA for Defendant 

Padilla, present; Joy M. Bertrand, CJA for Defendant Vaught, present.

Defendants: ☒ Present ☐ Not Present ☒ Released ☐ Custody ☐ Summons ☐ Writ

JURY TRIAL (Day 16):

8:45 a.m. Court reconvenes. Jury present. Jess Adams examined further. Exhibits 1167, 1168, 1176a, 

1176, 1182, 1171, 1171a, and 2046 are admitted. 9:54 a.m. Cross-Examination by Mr. Feder. 10:14

a.m. Jury exits courtroom. Discussion re: testimony of Carl Ferrer. 10:23 a.m. Recess.

10:36 a.m. Court reconvenes. Jury present. Witness examined further. 11:23 a.m. Cross-Examination 

by Mr. Eisenberg. 11:29 a.m. Cross-Examination by Ms. Bertrand. 11:33 a.m. No additional crossexamination and no redirect. Witness excused. Breahannah Leary sworn and examined. 12:00 p.m. 

Jury exits. Discussion held with counsel. 12:07 p.m. Recess.

12:46 p.m. Court reconvenes. Discussion held with counsel. 12:51 p.m. Jury present. Witness 

examined further. 12:55 p.m. Cross-Examination by Ms. Bertrand. 1:01 p.m. Cross-Examination by 

Mr. Cambria. 1:04 p.m. Cross-Examination by Mr. Kessler. 1:30 p.m. No additional crossexamination. Redirect. 1:32 p.m. Recess. Witness excused. Isaac Luria sworn and examined. 2:14 p.m. 

Recess.

2:33 p.m. Court reconvenes. Argument heard re: testimony of Isaac Luria. IT IS ORDERED that 

Defendants’ objections are noted and to the extent a mistral is sought, that is denied. 2:42 p.m. Jury 

present. Cross-Examination by Mr. Cambria. 3:13 p.m. Cross-Examination by Mr. Eisenberg. 3:15 

p.m. No additional cross-examination. Redirect. 3:23 p.m. Witness excused. Mickey Hansen sworn 

and examined. Exhibits 475, 466, 466a, and 470 are admitted. 3:59 p.m. Jury exits courtroom. 

Defendants make an oral Motion for Mistrial. Argument heard. IT IS ORDERED taking the oral 

Motion for Mistrial under advisement. 4:15 p.m. Court in recess until Thursday, October 12, 2023 at 

8:45 a.m.

Court Reporter Teri Veres/Cathy Taylor

Deputy Clerk Liliana Figueroa

Start: 8:45 AM

Stop: 4:15 PM

Total: 6hrs 19min

Case 2:18-cr-00422-DJH Document 1852 Filed 10/11/23 Page 1 of 1
<PAGE>

                                                                   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 on Form 10-K of Northway
Financial, Inc. (the "Company") for the year ended December 31, 2004 , as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
the undersigned President and Chief Executive Officer for the Company,
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
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 results of operations of
        the Company.

         This certification is provided solely pursuant to 18 U.S.C. Section
1350 and Item 601(b)(32) of Regulation S-K ("Item 601(b)(32)") promulgated
under the Securities Act of 1933 (the "Securities Act") and the Securities
Exchange Act of 1934 (the "Exchange Act"). In accordance with clause (ii) of
Item 601(b)(32), this certification (A) shall not be deemed "filed" for
purposes of Section 18 of the Exchange Act, or otherwise subject to the
liability of that section, and (B) shall not be deemed to be incorporated by
reference into any filing under the Securities Act or the Exchange Act, except
to the extent that the Company specifically incorporates it by reference.


                                              /s/ WILLIAM J. WOODWARD
                                              --------------------------------
                                              William J. Woodward
                                              Chairman of the Board, President
                                              and Chief Executive Officer

Date: March 23, 2005
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT
TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, John W. Combs, 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 ShoreTel, Inc. for the quarter
ended September 30, 2008 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 ShoreTel, Inc.



|                        |  |  |  |     |  |                   |  |        |  |                                                                              
|----------------------- |  |  |  | --- |  | ----------------- |  | ------ |  | -----------------------------------------------------------------------------
|Dated: November 6, 2008 |  |  |  | By: |  | /s/ John W. Combs
|                        |  |  |  |     |  |                   |  | Name:  |  | John W. Combs                                                                
|                        |  |  |  |     |  |                   |  | Title: |  | Chairman, President and Chief Executive Officer
(Principal Executive Officer)

This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and is
not deemed filed with the Securities and Exchange Commission and is not to be incorporated by referenced into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made on or before or after the
date of this Report), irrespective at any general incorporation language contained in such filing.
[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Notices]
[Page 35269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17136]


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

NATIONAL SCIENCE FOUNDATION


Advisory Committee for Biological Sciences; Committee of 
Visitors; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting:

    Name: Advisory Committee for Biological Sciences; Committee of 
Visitors (1110).
    Dates and Times: July 22-24, 1996; 8:30 a.m. to 5:00 p.m.
    Place: Room 390, National Science Foundation, 4201 Wilson Blvd., 
Arlington, VA.
    Type of Meeting: Closed.
    Contact Person: Dr. Machi Dilworth, Division of Integrative 
Biology and Neuroscience, National Science Foundation, Rm. 685, 4201 
Wilson Boulevard, Arlington, VA 22230. Telephone: (703) 306-1420.
    Purpose of Meeting: To carry out Committee of Visitors (COV) 
review, including examination of decisions on proposals, reviewer 
comments, and other privileged materials.
    Agenda: To provide oversight review of the Developmental 
Mechanisms Program.
    Reason for Closing: The meeting is closed to the public because 
the Committee is reviewing proposal actions that will include 
privileged intellectual property and personal information that could 
harm individuals if they are disclosed. If discussions were open to 
the public, these matters that are exempt under 5 U.S.C. 552b(c) (4) 
and (6) of the Government in the Sunshine Act would be improperly 
disclosed.

    Dated: July 1, 1996.
M. Rebecca Winkler,
Committee Management Officer.
[FR Doc. 96-17136 Filed 7-3-96; 8:45 am]
BILLING CODE 7555-01-M