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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN M. DUTTON,

Plaintiff

- Appellant,

v.

MUELLER & DRURY PC; et al.,

Defendants

- Appellees. No. 17

- 16202

D.C. No. 2:17

- cv

- 00069

- JJT

MEMORANDUM *

Appeal from the United States District Court

for the District of Arizona

John Joseph Tuchi, District Judge, Presiding

Submitted December 18, 2017 **

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

John M. Dutton appeals pro se from the district court’s judgment dismissing

his action alleging violations of the Fair Debt Collection Practices Act (“FDCPA”).

We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s

* 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 fo r decision

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

# FILED

JAN 23 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 17

- 16202

dismissal under Federal Rule of Civil Procedure 12(b)(6)

. C ervantes v.

Countrywide Home Loans, Inc. , 656 F.3d 1034, 1040 (9th Cir. 2011). We affirm.

The district court properly dismissed Du tton’s action because Dutton failed

to allege facts sufficient to show a qualifying “ debt ” and that Dutton is a

“consumer” u nder the FDCPA

. See 15 U.S.C. § 1692a (3), (5) (defining

“consumer” and “ debt ” under the FDCPA)

.

The district court did not abuse its discretion by dismissing the complaint

without leave to amend because amendment would be futile. See Cervantes , 656

F.3d at 1041 (setting forth standard of review and explaining that dismissal without

leave to amend is proper when amendment would be futile); see also Walls v.

Wells Fargo Bank, N.A. , 276 F.3d 502, 510

- 11 (9th Cir. 2002) (holding that an

FDCPA claim based on an alleged violation of the Bankruptcy Code is precluded

because the sole remedy “lies in the Bankruptcy Code”)

.

We reject as unsupported by the record Dutton’s contention that the district

judge was biased.

AFFIRMED.
I 

117TH CONGRESS 

2D SESSION H. R. 6964 

To authorize leases of up to 99 years for lands held in trust for the 

Confederated Tribes of the Chehalis Reservation. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2022 

Ms. STRICKLAND (for herself, Mr. KILMER, and Ms. HERRERA BEUTLER) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To authorize leases of up to 99 years for lands held in 

trust for the Confederated Tribes of the Chehalis Reservation. 

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

3 SECTION 1. CONFEDERATED TRIBES OF THE CHEHALIS 

4 RESERVATION LEASING AUTHORITY. 

5 Subsection (a) of the first section of the Act of Au6 gust 9, 1955 (25 U.S.C. 415(a)), is amended in the second 

7 sentence by inserting ‘‘, land held in trust for the ConfedVerDate Sep 11 2014 06:17 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6964.IH H6964

pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 6964 IH

1 erated Tribes of the Chehalis Reservation’’ after ‘‘Crow 

2 Tribe of Montana’’. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 22-0668

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

NICHOLAS WELLS,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including June 5, 2023, within which to prepare, file, and 

serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

April 27 2023

04/27/2023

Case Number: DA 22-0668
UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

Federal Trade Commission

v. Civil No. 04-cv-377-JD

SmartBot.Net, Inc., et al.

O R D E R

Default was entered as to defendants SmartBot.Net, Inc., and

Sanford Wallace after they failed to file appearances within the

time provided. Therefore, the Federal Trade Commission’s pending

motions to compel, for sanctions, and to compel attendance

(documents no. 42, 57, and 79) are terminated.

SO ORDERED.

Joseph A. DiClerico, Jr.

United States District Judge

November 4, 2005

cc: Stacey P. Ferguson, Esquire

Steven M. Notinger, Esquire

W. Scott O’Connell, Esquire

Charulata B. Pagar, Esquire

Laura M. Sullivan, Esquire

Martha Van Oot, Esquire

Case 1:04-cv-00377-JD Document 88 Filed 11/04/05 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                             604
<SECURITIES>                                 2,247,893
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                           1,386
<DEPRECIATION>                                   (677)
<TOTAL-ASSETS>                               2,649,691
<CURRENT-LIABILITIES>                           16,417
<BONDS>                                        100,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           311
<OTHER-SE>                                     487,014
<TOTAL-LIABILITY-AND-EQUITY>                 2,649,691
<SALES>                                         25,995
<TOTAL-REVENUES>                               130,928
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               100,543
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,683
<INCOME-PRETAX>                                 30,385
<INCOME-TAX>                                     9,840
<INCOME-CONTINUING>                             20,545
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  (514)
<CHANGES>                                            0
<NET-INCOME>                                    20,031
<EPS-BASIC>                                        .64
<EPS-DILUTED>                                      .64


</TABLE>
#### In the Matter of Andres Celestin, Appellant, v Cesar A. Perales, as Commissioner of Social Services of the State of New York, et al., Respondents.

Order and judgment (one paper) of the Supreme Court, New York County (Stephen Crane, J.), entered October 18, 1989, which dismissed a CPLR article 78 petition seeking to annul, as arbitrary and capricious, a final determination of respondent Department of Social Services which denied petitioner reenrollment as a participating Medicaid provider and terminated his enrollment, unanimously affirmed, without costs.

Petitioner’s reenrollment in the Medicaid panel was denied after peer review of 10 of petitioner’s patient charts, which identified six deficiencies in services provided by petitioner. Petitioner now claims that he has a right to a full plenary hearing pursuant to 18 NYCRR part 515 and his constitutional property rights. This contention has been repeatedly rejected *(see, e.g., Winyard v Perales,*161 AD2d 317 [1st Dept]; *see also, Medecorp Labs. v Perales,*89 Civ 7320 [SD NY, Apr. 24, 1990], 1990 US Dist Lexis 4772).

We have reviewed petitioner’s other arguments and find them to be without merit. Concur&emdash;Kupferman, J. P., Milonas, Ellerin, Wallach and Rubin, JJ.
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              JUN-30-1997
<PERIOD-END>                                   DEC-31-1996
<CASH>                                         (11,378)
<SECURITIES>                                   0
<RECEIVABLES>                                  1,236,662
<ALLOWANCES>                                   (136,347)
<INVENTORY>                                    1,269,558
<CURRENT-ASSETS>                               2,375,443
<PP&E>                                         607,438
<DEPRECIATION>                                 (71,346)
<TOTAL-ASSETS>                                 6,099,489
<CURRENT-LIABILITIES>                          4,359,674
<BONDS>                                        4,112,986
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    264,854
<COMMON>                                       240
<OTHER-SE>                                     (2,638,267)
<TOTAL-LIABILITY-AND-EQUITY>                   6,099,489
<SALES>                                        1,329,734
<TOTAL-REVENUES>                               1,329,734
<CGS>                                          1,077,198
<TOTAL-COSTS>                                  1,077,198
<OTHER-EXPENSES>                               1,439,312
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             248,933
<INCOME-PRETAX>                                (1,435,709)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (1,435,709)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (1,435,709)
<EPS-PRIMARY>                                  (0.60)
<EPS-DILUTED>                                  (0.60)
        


</TABLE>
POWER OF ATTORNEY
  Signature
    
    Title
    
    Date/s/ Marc J. Eisenberg
    
    Chief Executive Officer and President
    
    March 10, 2011Marc J. Eisenberg
    
    (principal
executive officer)/s/ Jerome B. Eisenberg
    
    Chairman of the Board
    
    March 14, 2011Jerome B. Eisenberg/s/ Didier Delepine
    
    Director
    
    March 9, 2011Didier Delepine/s/ Marco Fuchs
    
    Director
    
    March 11, 2011Marco Fuchs/s/ Hans E. W. Hoffmann
    
    Director
    
    March 11, 2011Hans E.W. Hoffmann/s/ John Major
    
    Director
    
    March 9, 2011John Major/s/ Gary H. Ritondaro
    
    Director
    
    March 9, 2011Gary H. Ritondaro/s/ Timothy Kelleher
    
    Director
    
    March 9, 2011Timothy Kelleher/s/ John R. Wood
    
    Director
    
    March 9, 2011John R. WoodExecutive Vice President and/s/ Robert G. Costantini
    
    Chief
Financial Officer (principal
financial
    
    March 10, 2011Robert G. Costantini
    
    and accounting officer)
UNITED STATES DISTRICT COURT 

DISTRICT OF NEW HAMPSHIRE

Warren Picard

v. Case No. 05-cv-234-PB

Hillsborough Department of Corrections

Ruling: I recuse myself from this case and direct that it be

assigned immediately to another judge.

Date: August 22, 2005

cc: Warren Picard, Pro se

Case 1:05-cv-00234-SM Document 7 Filed 08/22/05 Page 1 of 1
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Troy Zwicker

v. Civil No. 05-cv-233-JD

Warden, New Hampshire State Prison

O R D E R

 Petitioner seeks a stay “for possible post-trial filings and

a proper objection to court’s order.” Document no. 10. The time

to object to my report and recommendation has already elapsed and

the other three issues have been exhausted. There is no need for

nor basis for a stay. The motion (document no. 10) is denied. 

SO ORDERED.

____________________________________

James R. Muirhead

United States Magistrate Judge

Date: October 13, 2005

cc: Nicholas P. Cort, Esq.

 Troy Zwicker, pro se

Case 1:05-cv-00233-JD Document 13 Filed 10/13/05 Page 1 of 1
Amatucci v. Hamilton et al Doc. 5

Dockets.Justia.com
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. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned
officers of Rand Capital Corporation (the Company), does hereby certify, to such officers knowledge, that:

The Quarterly
Report on Form 10-Q for the quarter ended September 30, 2016 (the Form 10-Q) of the Company fully complies with the requirement of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the information contained in
the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                        |  |  |  |  |  |                                                                                
|----------------------- |  |  |  |  |  | -------------------------------------------------------------------------------
|Dated: November 2, 2016 |  |  |  |  |  | /s/ Allen F. Grum
Allen F. Grum, President (Chief Executive Officer)           
|                        |  |  | 
|Dated: November 2, 2016 |  |  |  |  |  | /s/ Daniel P.
Penberthy Daniel P. Penberthy, Treasurer(Chief Financial Officer)
H. J. Res. 80

One Hundred Seventh Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, two thousand and one

Joint Resolution

Appointing the day for the convening of the second session of the One Hundred

Seventh Congress.

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled,

SECTION 1. DAY FOR CONVENING OF SECOND REGULAR SESSION OF

ONE HUNDRED SEVENTH CONGRESS.

The second regular session of the One Hundred Seventh Congress shall begin at noon on Wednesday, January 23, 2002.

SEC. 2. AUTHORITY FOR CALLING SPECIAL SESSION BEFORE CONVENING OF SECOND REGULAR SESSION.

If the Speaker of the House of Representatives and the Majority

Leader of the Senate, acting jointly after consultation with the

Minority Leader of the House of Representatives and the Minority

Leader of the Senate, determine that it is in the public interest

for Congress to assemble before the convening of the second regular

session of the One Hundred Seventh Congress as provided in section

1—

(1) the Speaker and Majority Leader shall notify the Members of the House and Senate, respectively, of such determination and of the place and time for Congress to so assemble;

and

(2) Congress shall assemble in accordance with such

notification.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 04-cr-216-01-SM

James Tobin

O R D E R

Defendant Tobin’s motion to continue the final pretrial conference and trial

is granted (document 223). Trial has been rescheduled for the February 2008

trial period. Defendant Tobin shall file a waiver of speedy trial rights not later

than December 10, 2007. On the filing of such waiver, his continuance shall be

effective. 

The Court finds that the ends of justice served by granting a continuance

outweigh the best interest of the public and the defendant in a speedy trial, 18

U.S.C. § 3161(h)(8)(B)(iv), in that failure to grant a continuance would

unreasonably deny defendant the reasonable time necessary for effective

preparation taking into account the exercise of due diligence under the

circumstances. 

Final Pretrial Conference: January 25, 2008 at 11:30 a.m.

Jury Selection: February 5, 2008 at 9:30 a.m.

Case 1:04-cr-00216-SM Document 224 Filed 12/05/07 Page 1 of 2
2

SO ORDERED.

____________________________

Steven J. McAuliffe

 Chief Judge

December 3, 2007

cc: All Counsel of Record

US Probation

US Marshal

Case 1:04-cr-00216-SM Document 224 Filed 12/05/07 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE> UT
<SUBSIDIARY>
   <NUMBER>  1
   <NAME> POTOMAC CAPITAL INVESTMENT CORPORATION
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    4,424,603
<OTHER-PROPERTY-AND-INVEST>                          0
<TOTAL-CURRENT-ASSETS>                         477,825
<TOTAL-DEFERRED-CHARGES>                       713,236
<OTHER-ASSETS>                               1,198,496
<TOTAL-ASSETS>                               6,814,160
<COMMON>                                       118,501
<CAPITAL-SURPLUS-PAID-IN>                    1,010,252
<RETAINED-EARNINGS>                            815,448
<TOTAL-COMMON-STOCKHOLDERS-EQ>               1,944,201
<PREFERRED-MANDATORY>                          141,000
<PREFERRED>                                    125,291
<LONG-TERM-DEBT-NET>                         1,727,707
<SHORT-TERM-NOTES>                                   0<F1>
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                 277,075<F1>
<LONG-TERM-DEBT-CURRENT-PORT>                   50,000
<PREFERRED-STOCK-CURRENT>                          985
<CAPITAL-LEASE-OBLIGATIONS>                    161,057      
<LEASES-CURRENT>                                20,772
<OTHER-ITEMS-CAPITAL-AND-LIAB>               2,366,072
<TOT-CAPITALIZATION-AND-LIAB>                6,814,160
<GROSS-OPERATING-REVENUE>                    1,473,073
<INCOME-TAX-EXPENSE>                           115,280 
<OTHER-OPERATING-EXPENSES>                   1,068,451
<TOTAL-OPERATING-EXPENSES>                   1,183,731
<OPERATING-INCOME-LOSS>                        289,342
<OTHER-INCOME-NET>                              24,483 
<INCOME-BEFORE-INTEREST-EXPEN>                 313,825
<TOTAL-INTEREST-EXPENSE>                       104,734
<NET-INCOME>                                   209,091 
<PREFERRED-STOCK-DIVIDENDS>                     12,439
<EARNINGS-AVAILABLE-FOR-COMM>                  196,652 
<COMMON-STOCK-DIVIDENDS>                       147,459 
<TOTAL-INTEREST-ON-BONDS>                      122,000<F2>
<CASH-FLOW-OPERATIONS>                         317,930
<EPS-PRIMARY>                                    $1.66 
<EPS-DILUTED>                                        0<F3>
<FN>
<F1>Included on the Balance Sheet in the caption "Short-term debt."
<F2>Total annualized interest costs for all utility long-term debt outstanding
at September 30, 1997.
<F3>No material dilution would occur if all the convertible preferred stock and
debentures were converted into common stock.
</FN>
        

</TABLE>
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 Quarterly Report of Portsmouth Square, Inc. (the
"Company") on Form 10-QSB for the quarterly period ended March 31, 2005,
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I David T. Nguyen, Treasurer and Controller of the Company,
serving as Chief Financial Officer, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
to the best of my knowledge, 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.


Date: May 13, 2005                              /s/ David T. Nguyen
                                                ----------------------------
                                                David T. Nguyen, Treasurer
                                                and Controller (serving as
                                                Chief Financial Officer)




[A signed original of this written statement required by Section 906 has been
provided to Portsmouth Square, Inc. and will be retained by Portsmouth
Square, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.]
SECURITIES AND EXCHANGE COMMISSION


                        Washington, D.C. 20549

                      ___________________________

                               FORM 10-Q

              Quarterly Report Under Section 13 or 15(d)

                of the Securities Exchange Act of 1934

                   ________________________________

For the Quarter ended  September 30,1997 Commission File Number  1-5447 


                  PITTSBURGH & WEST VIRGINIA RAILROAD

    Pennsylvania                             25-6002536                
(State of Organization)            (I.R.S. Employer Identification No.)

                       Telephone -(304)926-1124*

Indicate by check mark whether the registrant (1) has filed all reports
required to be filed by Section 13 or 15(d) of the Securities Exchange
Act of 1934 during the preceding 12 months (or for such shorter period
that the registrant was required to file such reports), and (2) has been
subject to such filing requirements for the past 90 days.

     Yes   X        No      

Indicate the number of shares outstanding of each of the issuer's
classes of common stock, as of the close of the period covered by this
report.

          1,510,000 shares of beneficial interest, without par value.


                      ___________________________

* Notices and communications from the Securities and Exchange Commission
for the registrant may be sent to Robert A. Hamstead, Secretary and
Treasurer, #2 Port Amherst Drive, Charleston, WV 25306.
UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

United States of America

v. No. 05-cr-112-01/02-JD

Carlos Soto-Garcia

Luis Ortiz-Lara

PROCEDURAL ORDER

Based on the oral motions of counsel for the defendants at a

hearing on the pending motions, the court granted a continuance

of the trial in the interests of justice. The case is

rescheduled for trial on November 13, 2006.

Defendant Carlos Soto-Garcia’s motions to exclude evidence

(document nos. 47, 48, 49, 53) were denied, and counsel was given

the opportunity to request a continuance in order to review the

information recently made available to him. The government was

directed to adhere to the requirements of Local Rules 16.1(c),

(e), (f), and 16.2. 

The court recognizes that Defendant Soto-Garcia filed a

notice of public-authority defense under Fed. R. Crim. P. 12.3(a)

on February 27, 2006 (document no. 24). If Defendant Luis OrtizLara intends to assert a public-authority defense, he shall file

an independent notice pursuant to Fed. R. Crim. P. 12.3(a) by

October 18, 2006. 

Case 1:05-cr-00112-JD Document 65 Filed 10/17/06 Page 1 of 2
2

The government shall comply with the provisions of Fed. R.

Crim. P. 12.3(a)(3) by responding to the defendants’ respective

notices by October 19, 2006.

The defendants and the government shall thereafter comply

with the disclosure provisions of Fed. R. Crim. P. 12.3(a)(4).

The government shall respond to Defendant Ortiz-Lara’s

motion to dismiss (document no. 60) by October 23, 2006.

SO ORDERED.

____________________________

Joseph A. DiClerico, Jr.

United States District Judge

October 17, 2006

cc: Robert B. Carmel-Montes, Esquire

Donald A. Feith, Esquire

Timothy M. Harrington, Esquire

Michael J. Sheehan, Esquire

Case 1:05-cr-00112-JD Document 65 Filed 10/17/06 Page 2 of 2