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NOT FOR PUBLICATION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

DUANE DIXON,

 Plaintiff - Appellant,

 v.

DEPARTMENT OF CORRECTIONS

AND REHABILITATION; et al.,

 Defendants - Appellees.

No. 11-16778

D.C. No. 1:10-cv-01225-LJO-DLB

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Lawrence J. O’Neill, District Judge, Presiding

Submitted October 9, 2012** 

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Duane Dixon, a California state prisoner, appeals pro se from the district

court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants

were deliberately indifferent to his serious medical needs with respect to his head

FILED

OCT 16 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-16778

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

dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.

2000). We review for an abuse of discretion a decision to dismiss a complaint

without leave to amend. Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000) (en

banc). We vacate and remand.

Dismissal without leave to amend was premature because it is not

“absolutely clear” that the deficiencies of the complaint could not be cured by

amendment. Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir. 2007); see also

Jones v. Bock, 549 U.S. 199, 216 (2007) (holding that failure to exhaust is an

affirmative defense under the Prison Litigation Reform Act and that inmates are

not required to specially plead or demonstrate exhaustion in their complaints).

Accordingly, we vacate the judgment and remand to allow Dixon to file an

amended complaint. 

VACATED and REMANDED.
**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**

 

**CERTIFICATIONOF THE CHIEF EXECUTIVE OFFICER**

 

In connection with theQuarterly Report on Form 10-Q of Precision Castparts Corp. (the “Company”) forthe fiscal period ended October 2, 2005 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Mark Donegan, ChiefExecutive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, asadopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)          TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

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

 
| Date: February 17, 2006               |
|---------------------------------------|
|                                  |
| /s/ Mark Donegan                      |
| Mark Donegan                          |
| Chairman and Chief Executive  Officer |

 

1

----
EX-35 (e)
(logo) WELLS FARGO


Wells Fargo Bank, N.A.
Corporate Trust Services
9062 Old Annapolis Road
Columbia, MD 21045
410 884-2000


March 21, 2007


Banc of America Funding Corporation
214 North Tyron Street
Charlotte, NC 28255


RE: Annual Statement As To Compliance for Banc of America Funding 2006-D Trust


Per Section 3.20 of the Pooling and Servicing Agreement, dated as of 4/28/2006,
the undersigned Officer of Wells Fargo Bank, N.A., (Master Servicer), hereby
certifies the following for the 2006 calendar year or portion thereof:

     (a)   a review of the activities of such party during the preceding
           calendar year or portion thereof and of performance of such party
           under this Agreement has been made under such officers' supervision
           and

     (b)   to the best of such officer's knowledge, based on such review, such
           party has fulfilled all of its obligations under this Agreement in
           all material respects throughout such year, or, if there has been a
           failure to fulfill any such obligation in any material respect,
           specifying each such failure known to such officer and the nature
           and status thereof.


Certified By:
/s/ Christopher C. Regnier
Christopher C. Regnier, Vice President


Certified By:
/s/ Gordon Johnson
Gordon Johnson, Assistant Secretary
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

Pursuant to 18 U.S.C.
§1350 (as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002), I, the
undersigned Chief Executive Officer of National Presto Industries, Inc. (the
Company), hereby certify that the Quarterly Report on Form 10-Q of the Company
for the quarterly period ended July 4, 2004 (the Report) 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 Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.

A signed original of
this written statement required by Section 906 has been provided to the Company and will
be retained by the Company and furnished to the SEC or its staff upon request.

|Date:   August 10, 2004 |  | /s/   M.J. Cohen                    | 
|----------------------- |  | ----------------------------------- | 
|                        |  |                                    
|                        |  | M. J. Cohen,Chief Executive Officer | 

---
205 La. 664

#### CASSIDY v. JOSEPH.

No. 35945.

Supreme Court of Louisiana.

Dec. 13, 1943.

J. H. Cassidy, Jr., and Benj. W. Miller, both of Bogalusa, for plaintiff.

Reid & Reid, of Hammond, for defendant.

PONDER, Justice.

The plaintiff, John H. Cassidy, brought this suit against Daniel Rex Joseph, seeking to recover damages in the sum of $52,-000 which he claims he suffered by certain libelous allegations'made by the defendant in the suit entitled “Daniel Rex Joseph v. First State Bank & Trust Company and J. H. Cassidy,” No. 7529 of the docket of the lower court. The defendant interposed the pleas of res adjudicata and estoppel based on a compromise agreement entered into between the parties whereby the prior suit was dismissed. The lower court sustained the plea of res adjudicata and dismissed the plaintiff’s suit. He has appealed.

It appears that Daniel Rex Joseph entered into various transactions with the First State Bank & Trust Company and J. H. Cassidy which finally developed into a serious dispute. As an outgrowth of the dispute, Joseph brought suit against the bank and Cassidy attacking the transactions wherein it was alleged that the bank and Cassidy were- guilty of many wrongful acts with respect thereto. The allegations in the petition if untrue are of a libelous nature.

On September 9, 1938, Joseph, the bank and Cassidy entered into a compromise agreement settling their differences, and the suit was dismissed. It is stated in the compromise agreement: “Settle all claims between the First State Bank & J. H. Cas-sidy, D. Rex Joseph, Simon M. Levy Estate. Of any nature or kind whatsoever and dismiss all pending litigation.”

The plaintiff contends that the only question in dispute at the time the compromise agreement was entered into was an alleged indebtedness growing out of the various transactions. He takes the position that it was never contemplated that the agreement should cover or settle any claim which he might-have growing out of the libelous allegations in the petition.

We cannot agree with the position taken by the plaintiff for the reason that the allegations complained of are all made with *226reference to the various transactions which were disposed of in the compromise settlement. Moreover, the language used in the compromise settlement is broad and comprehensive and purports to settle all claims between the parties.

A compromise is a transaction or agreement between two or more persons to adjust their differences by mutual consent. Article 3071, Revised Civil Code.

Such transactions or compromises have the force of things adjudged. Article 3078, Revised Civil Code.

Also see: Misuraca v. Metropolitan Life Ins. Co., 199 La. 867, 7 So.2d 167; Gregory v. Central Coal & Coke Corp., 197 La. 95, 200 So. 832; Russ v. Union Oil Co., 113 La. 196, 36 So. 937.

For the reasons assigned, the judgment of the lower court is affirmed at appellant’s cost.
EXHIBIT 12

COMPUTATION IN SUPPORT OF RATIO OF EARNINGS TO FIXED CHARGES

For Nine Months Ended September 30, 2001

(Dollar Amounts in Thousands)

 

		

   
Potomac Edison Company
Earnings: 
Net Income
 $42,919
Fixed charges (see below)
  28,009
Income taxes
  20,282  
Total earnings
$91,210    
Fixed Charges: 
Interest on long-term debt
 $24,498
Other interest
   1,910
Estimated interest 
   component of rentals
  1,601  
Total fixed charges
$28,009  
Ratio of Earnings to
3.26
Fixed Charges
Exhibit 32.2  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 Virtual
Radiologic Corporation (the Company) on Form 10-K for the year ended December 31,
2007, as filed with the Securities and Exchange Commission on the date hereof
(the Report), the undersigned officer of the Company certifies, pursuant to
18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of
2002, that, to such officers knowledge:  1.The Report fully complies with the
requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended; and  2.The information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company as of the dates and for the periods expressed in
the Report.  Date:
  March 17, 2008
  
  By:
  /s/ Mark MarlowMark
  MarlowChief
  Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
Unaudited
</LEGEND>
<MULTIPLIER> 1

<S>                                     <C>
<PERIOD-TYPE>                           9-MOS
<FISCAL-YEAR-END>                       DEC-31-1998
<PERIOD-START>                          JAN-01-1998
<PERIOD-END>                            SEP-30-1998
<CASH>                                      212530
<SECURITIES>                                     0
<RECEIVABLES>                              3680546
<ALLOWANCES>                               (540740)
<INVENTORY>                                  79556
<CURRENT-ASSETS>                           4131746
<PP&E>                                    10539312
<DEPRECIATION>                            (2492675)
<TOTAL-ASSETS>                            12469285
<CURRENT-LIABILITIES>                      6738143
<BONDS>                                    5274900
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                      1569
<OTHER-SE>                                  454673
<TOTAL-LIABILITY-AND-EQUITY>              12469285
<SALES>                                   19749895
<TOTAL-REVENUES>                          19753735
<CGS>                                            0
<TOTAL-COSTS>                             19214662
<OTHER-EXPENSES>                                 0
<LOSS-PROVISION>                             66634
<INTEREST-EXPENSE>                          970701
<INCOME-PRETAX>                            (316217)
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                        (316217)
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                               (316217)
<EPS-BASIC>                                 (.02)
<EPS-DILUTED>                                 (.02)


</TABLE>
212 La. 698

#### BROWN v. MATHIESON ALKALI WORKS, Inc.

No. 38737.

Supreme Court of Louisiana.

Dec. 15, 1947.

M. R. Stewart, of Lake Charles, for relator.

Jones, Kimball & Owen; of Lake Charles, for respondent.

BOND, Justice.

In this proceeding a writ of certiorari was granted to review the ruling of the district court .ordering the plaintiff to surrender certain evidence and appear for medical examination at a distant place. Subsequent thereto, the defendant, to expedite. the trial of the case, filed a motion in the lower court to withdraw its request *201for the evidence and examination, and that court thereupon revoked its order granting the motion. The defendant then filed a motion in this Court to recall the writ on the ground that the issue involved has become a moot question.

The order to which plaintiff objected having been set aside, there remains nothing before us for consideration.

For the above reason, it is ordered that the preliminary writ herein issued is recalled; defendant-respondent to pay all costs of the proceedings in this Court.
UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549

                                    Form 13F

                               Form 13F COVER PAGE

Report for the Calendar Year or Quarter Ended:  June 30, 1999

Check here if Amendment [    ]; Amendment Number: ____
    This Amendment (Check only one.): [    ] is a restatement.
                                      [    ] adds new holdings entries.

Institutional Investment Manager Filing this Report:

Name:      PFS Services, Inc.
Address:   3120 Breckinridge Blvd.
           Duluth, Georgia 30199

Form 13F File Number:              28-5154

The institutional investment manager filing this report and the person by whom
it is signed hereby represent that the person signing the report is authorized
to submit it, that all information contained herein is true, correct and
complete, and that it is understood that all required items, statements,
schedules, lists, and tables, are considered integral parts of this form.

Person Signing this Report on Behalf of Reporting Manager:

Name:      Christine Y. Homer
Title:     Secretary
Phone:     (212) 793-7589

Signature, Place, and Date of Signing:

/s/ Christine Y. Homer         New York, New York        August 16, 1999
----------------------

Report Type (Check only one.):

[   ] 13F  HOLDINGS  REPORT.   (Check  here  if  all  holdings  of  this
      reporting manager are reported in this report.)

[ X ] 13F NOTICE. (Check here if no holdings reported are in this report,
      and all holdings are reported by other reporting manager(s).)

[   ] 13F COMBINATION REPORT. (Check here if a portion of the holdings for
      this reporting manager are reported in this report and a portion are
      reported by other reporting manager(s).)

List of Other Managers Reporting for this Manager:

Form 13F File Number 28-2427
Name:  Citigroup Inc.
[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Notices]
[Page 50839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19962]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WY-923-1310-FI; WYW161806]


Wyoming: Notice of Proposed Reinstatement of Terminated Oil and 
Gas Lease

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Proposed Reinstatement of Terminated Oil and Gas 
Lease.

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

SUMMARY: Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 
3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a 
petition for reinstatement from Retamco Operating Inc. for competitive 
oil and gas lease WYW161806 for land in Carbon County, Wyoming. The 
petition was filed on time and was accompanied by all the rentals due 
since the date the lease terminated under the law.

FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Pamela J. 
Lewis, Chief, Branch of Fluid Minerals Adjudication, at (307) 775-6176.

SUPPLEMENTARY INFORMATION: The lessee has agreed to the amended lease 
terms for rentals and royalties at rates of $10.00 per acre, or 
fraction thereof, per year and 16\2/3\ percent, respectively. The 
lessee has paid the required $500 administrative fee and $163 to 
reimburse the Department for the cost of this Federal Register notice. 
The lessee has met all the requirements for reinstatement of the lease 
as set out in sections 31(d) and (e) of the Mineral Lands Leasing Act 
of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing 
to reinstate lease WYW161806 effective April 1, 2008, under the 
original terms and conditions of the lease and the increased rental and 
royalty rates cited above. BLM has not issued a valid lease affecting 
the lands.

Pamela J. Lewis,
Chief, Branch of Fluid Minerals Adjudication.
[FR Doc. E8-19962 Filed 8-27-08; 8:45 am]
BILLING CODE 4310-22-P
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 17

- 1956

_____________________________
I SWAT A PATA , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Duval County

. Scott Mitchell , Judge

. April 11, 2018

P ER C URIAM

.
A FFIRMED

. W OLF , R OBERTS , and W ETHERELL , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Andy Thomas, Public Defender , and Justin Foster Karpf, Assistant Public Defender, Tallahassee
, for Appellant.

Pamela Jo Bondi, Attorney General; Robert Cha rles Lee and Sharon Traxler, Assistant Attorneys General, Tallahassee
, for Appellee.
**ANNUAL
      STATEMENT OF COMPLIANCE**





**SACO
      I Trust 2006-5**





**2006**











The
      undersigned, an authorized officer of LaSalle Bank National Association
      (“LBNA”), hereby certifies as follows:





1.  I
      have
      made, or caused to be made under my supervision, a review of the master
      servicing activities of LBNA during the preceding calendar year ending 2006,
      and
      its performance under the Pooling and Servicing Agreement dated April 1, 2006
      (the “Agreement”) for SACO I Trust, Series 2006-5.





2.  To
      the
      best of my knowledge, based on such review, LBNA has, without exception,
      fulfilled all of its obligations under the Agreement in all material respects
      throughout the preceding calendar year ending 2006.





In
      witness whereof, I the undersigned have executed this Annual Statement of
      Compliance on this 7 th day of
      March, 2007.








LaSalle
      Bank National Association, as Master Servicer







By:
      /s/ Andrew Leszczynski




Name:
      Andrew Leszczynski


Title:
      First Vice President
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   4-MOS
<FISCAL-YEAR-END>                          JAN-29-2000
<PERIOD-END>                               OCT-30-1999
<CASH>                                          50,430
<SECURITIES>                                         0
<RECEIVABLES>                                   52,962
<ALLOWANCES>                                  (10,046)
<INVENTORY>                                    292,910
<CURRENT-ASSETS>                               396,852
<PP&E>                                         233,844
<DEPRECIATION>                                  10,313
<TOTAL-ASSETS>                               1,063,347
<CURRENT-LIABILITIES>                          256,354
<BONDS>                                        312,277
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           201
<OTHER-SE>                                     387,568
<TOTAL-LIABILITY-AND-EQUITY>                 1,063,347
<SALES>                                        834,868
<TOTAL-REVENUES>                               851,529
<CGS>                                          650,803
<TOTAL-COSTS>                                  650,803
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              12,970
<INCOME-PRETAX>                               (34,881)
<INCOME-TAX>                                   (1,007)
<INCOME-CONTINUING>                           (35,888)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (35,888)
<EPS-BASIC>                                     (1.78)
<EPS-DILUTED>                                        0


</TABLE>
EXHIBIT 35.3

                    SERVICER COMPLIANCE STATEMENT (ITEM 1123)

                           HOMECOMINGS FINANCIAL, LLC

                RASC SERIES 2006-KS5 TRUST (THE "ISSUING ENTITY")

The undersigned,  a duly authorized  officer of Homecomings  Financial,  LLC, as
servicer (the "Servicer") pursuant to the applicable  servicing agreement,  does
hereby certify that:

1. A review of the  Servicer's  activities  during  the  period  covered  by the
Issuing Entity's report on Form 10-K and of the Servicer's performance under the
applicable servicing agreement has been made under my supervision.

2. To the best of my knowledge, based on such review, the Servicer has fulfilled
all of its obligations under the applicable  servicing agreement in all material
respects throughout such period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 26th
day of March 2007.

By: /s/ Anthony N. Renzi
    Name: Anthony N. Renzi
    Title: Managing Director
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

MAR 26, 2010

JOHN LEY

 CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 09-14387

Non-Argument Calendar

________________________

D. C. Docket No. 08-80096-CR-DTKH

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOE L. ADAMS,

a.k.a. Preacher,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(March 26, 2010)

Before TJOFLAT, WILSON and PRYOR, Circuit Judges.

PER CURIAM:

Richard L. Rosenbaum, appointed counsel for Joe L. Adams, has filed a
motion to withdraw on appeal supported by a brief prepared pursuant to Anders v.

California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent

review of the entire record reveals that counsel’s assessment of the relative merit of

the appeal is correct. Because independent examination of the entire record reveals

no arguably meritorious issues, counsel’s motion to withdraw is GRANTED, and

Adams’s conviction and sentence are AFFIRMED.

2
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to 18 U.S.C. §1350 (as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002), I, the undersigned Chief Financial Officer of National Presto Industries, Inc. (the Company), hereby certify that the Quarterly Report on Form 10-Q of the Company for the quarterly period ended April 2, 2006 (the Report) 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 Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the SEC or its staff upon request.





Date:   October 9, 2007
        /s/   M.J. CohenM.J. CohenInterim Chief Financial Officer






---