alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
|  | 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. |
|--|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                   |                                                    |                                            |
|----------------------------------------|---------------------------------------------------------|-------------------------------------------------|
| Date:                  August 18, 2006 | By:                                           | /s/ Jean                  Bernhard Buttner |
|                                   | Jean                  Bernhard Buttner                  |
|                                   | Chairman                  & Chief Executive Officer |

----
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Richard R. Chabot

v. Civil No. 07-cv-310-PB

US Social Security

Administration, Commissioner

ORDER GRANTING REQUEST TO

PROCEED IN FORMA PAUPERIS

Plaintiff’s request to proceed in forma pauperis is hereby

granted, but only for the purpose of waiving the filing fee. 

SO ORDERED.

_________________________________

James R. Muirhead

United States Magistrate Judge 

Date: October 2, 2007

cc: Richard R. Chabot, pro se

Case 1:07-cv-00310-PB Document 3 Filed 10/02/07 Page 1 of 1
Letter Agreement dated as of April 28, 2004



 Exhibit 10.4 
  
 CDC Mortgage Capital Inc. 
 36th Floor

 9 West 57th Street 
 New York, NY 10019 
  
 Attention: Raymond Sullivan 
  
 April 28, 2004 
  
 Dear Mr. Sullivan: 
  
 Reference is made to the Master Agreement dated as of June 23, 2003 among New Century Mortgage Corporation, NC Capital Corporation (collectively, the
“Sellers”), and CDC Mortgage Capital Inc. (the “Buyer”), as amended (the “Agreement”). Terms used in this letter not otherwise defined shall have meaning ascribed to them in the Agreement. 
  
 Sellers would like to request a temporary increase in the Maximum Amount
under the Agreement to $700,000,000 (the “Temporary Increase”) from the date hereof to the opening of business on May 16, 2004. Except for this Temporary Increase, all other terms and conditions in the Agreement and all other Repurchase
Documents shall remain in full force and effect in accordance with their respective terms. New Century Financial Corporation, as Guarantor, consents to this Temporary Increase and reaffirms its Guaranty. 
  
 Kindly execute below to signify your consent to our request of Temporary
Increase. 
  

	
	 Sincerely,

	
	 NEW CENTURY MORTGAGE CORPORATION

	
	 /s/    PATRICK
FLANAGAN        


	 Name: Patrick Flanagan
 Title: President

	
	 NC CAPITAL CORPORATION

	
	 /s/    PATRICK
FLANAGAN        


	 Name: Patrick Flanagan
 Title: Chief Executive Officer

	
	 NEW CENTURY FINANCIAL CORPORATION, AS
GUARANTOR

	
	 /s/    PATRICK
FLANAGAN        


	 Name: Patrick Flanagan
 Title: Executive Vice President



  

	
	Acknowledged and Agreed as of the date first written above
	
	 CDC MORTGAGE CAPITAL INC.

	
	 /s/    ANTHONY
MALANGA        


	 Name: Anthony Malanga
 Title: Managing Director

	
	 CDC MORTGAGE CAPITAL INC.

	
	 /s/    KATHY
LYNCH        


	 Name: Kathy Lynch
 Title: Director
| (1) | the      Quarterly Report on Form 10-Q of the Company for the quarterly period      ended June 30, 2008 (the “Report”) fully complies with the requirements of      Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.      78m or 78o(d)); and |
|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

| Dated:      August 13, 2008 |    /s/ Paul Van      Ostenbridge |
|-----------------------------|-------------------------------------------------|
|                        | Paul      Van Ostenbridge                       |
|                        | Chief      Executive Officer                    |
|                        |                                            |
|                        |                                            |
| Dated:      August 13, 2008 |    /s/ Julie E.      Holland     |
|                        | Julie      E. Holland                           |
|                        | Senior      Vice President and Treasurer        |
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                       1,921,855
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                             3,690,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  7,935,579
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                     30,982,631
<ALLOWANCE>                                    534,742
<TOTAL-ASSETS>                              46,645,599
<DEPOSITS>                                  39,581,062
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                            241,661
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     3,792,290
<OTHER-SE>                                   3,030,586
<TOTAL-LIABILITIES-AND-EQUITY>              46,645,599
<INTEREST-LOAN>                              1,309,461
<INTEREST-INVEST>                              202,234
<INTEREST-OTHER>                                77,137
<INTEREST-TOTAL>                             1,588,832
<INTEREST-DEPOSIT>                             694,881
<INTEREST-EXPENSE>                             694,881
<INTEREST-INCOME-NET>                          893,951
<LOAN-LOSSES>                                  101,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                759,925
<INCOME-PRETAX>                                145,716
<INCOME-PRE-EXTRAORDINARY>                     145,716
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   145,716
<EPS-BASIC>                                       0.19
<EPS-DILUTED>                                     0.19
<YIELD-ACTUAL>                                    4.75
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                               434,000
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                              535,000
<ALLOWANCE-DOMESTIC>                           535,000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


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

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THE FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE COMPANY'S QUARTERLY REPORT FOR THE THREE MONTHS ENDED MARCH 31, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                             127 
<SECURITIES>                                         0 
<RECEIVABLES>                                      288 
<ALLOWANCES>                                         0 
<INVENTORY>                                          5 
<CURRENT-ASSETS>                                 1,025 
<PP&E>                                           6,183 
<DEPRECIATION>                                 (3,446) 
<TOTAL-ASSETS>                                   3,762 
<CURRENT-LIABILITIES>                            1,635 
<BONDS>                                              0 
<PREFERRED-MANDATORY>                                0 
<PREFERRED>                                          0 
<COMMON>                                            33 
<OTHER-SE>                                       1,876 
<TOTAL-LIABILITY-AND-EQUITY>                     3,762 
<SALES>                                             13 
<TOTAL-REVENUES>                                    13 
<CGS>                                                5 
<TOTAL-COSTS>                                        5 
<OTHER-EXPENSES>                                 4,710 
<LOSS-PROVISION>                                     0 
<INTEREST-EXPENSE>                                   4 
<INCOME-PRETAX>                                (4,706) 
<INCOME-TAX>                                         0 
<INCOME-CONTINUING>                            (4,706) 
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,706)
<EPS-PRIMARY>                                    (.14)
<EPS-DILUTED>                                    (.14)
        

</TABLE>
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

IVORY CROW, 

Defendant-Appellant.

No. 18-10066 

D.C. No. 2:11-cr-00285-RJB-1

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Robert J. Bryan, District Judge, Presiding

Submitted October 15, 2019**

Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.

Ivory Crow appeals pro se from the district court’s order denying his motion 

for reconsideration. We have jurisdiction under 28 U.S.C. § 1291, and we vacate 

and remand.

In his motion for reconsideration, Crow argued that he was denied his 

* 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

OCT 21 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 18-10066 

constitutional right to be present at a critical stage of his criminal proceedings 

when the district court amended his judgment and sentence in his absence, eight 

days after the sentencing hearing,

1

and that his federal sentences should not have 

been aggregated. These arguments challenge the legality of Crow’s detention, and 

would need to be raised in a motion under 28 U.S.C. § 2255. See United States v. 

Washington, 653 F.3d 1057, 1059 (9th Cir. 2011) (“A federal prisoner who is 

‘claiming the right to be released upon the ground that the sentence was imposed in 

violation of the Constitution or laws of the United States,’ 28 U.S.C. § 2255(a), 

may file a § 2255 motion with the district court that imposed the sentence.”). At 

the time Crow filed his motion for reconsideration, his first section 2255 motion 

had already been adjudicated on the merits. Because Crow did not obtain this 

court’s authorization to file another section 2255 motion, his motion for 

reconsideration should have been treated as a disguised second or successive 

section 2255 motion over which the district court lacked jurisdiction. See 28 

U.S.C. § 2255(h); Washington, 653 F.3d at 1065. Because the district court denied 

Crow’s motion on the merits, we remand with instructions that the district court 

deny the motion as an unauthorized second or successive section 2255 motion.

Crow’s motion to recuse the Honorable Robert J. Bryan on remand is 

1 The judgment and sentence was amended only to reflect the amount of restitution 

to be paid. 
3 18-10066 

denied, as Crow has made no showing that Judge Bryan’s impartiality might 

reasonably be questioned or that he has a personal bias or prejudice concerning 

Crow. See Liteky v. United States, 510 U.S. 540, 547, 555 (1994).

Crow’s “Motion in Arrest of Judgment” is denied.

VACATED and REMANDED with instructions.
I

107TH CONGRESS

1ST SESSION H. R. 1791

To provide a grant under the Land and Water Conservation Fund Act

of 1965 to assist in the development of a Millennium Cultural Cooperative Park in Youngstown, Ohio.

IN THE HOUSE OF REPRESENTATIVES

MAY 9, 2001

Mr. TRAFICANT introduced the following bill; which was referred to the

Committee on Resources

A BILL

To provide a grant under the Land and Water Conservation

Fund Act of 1965 to assist in the development of a

Millennium Cultural Cooperative Park in Youngstown,

Ohio.

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

3 SECTION 1. LAND AND WATER CONSERVATION FUND ACT

4 GRANT FOR NONPROFIT YOUNGSTOWN PLAY5 HOUSE OF YOUNGSTOWN, OHIO.

6 (a) GRANT AUTHORITY.—During each of the fiscal

7 years 2002 through 2006, the Secretary of the Interior

8 is authorized to use the land and water conservation fund
2

HR 1791 IH

1 established under section 2 of the Land and Water Con2 servation Fund Act of 1965 (16 U.S.C. 460l–5) to make

3 a grant to the nonprofit Youngstown Playhouse of

4 Youngstown, Ohio, to assist the grant recipient to develop

5 a Millennium Cultural Cooperative Park in Youngstown,

6 Ohio. The amount of the grant for a fiscal year shall be

7 equal to $2,000,000.

8 (b) TECHNICAL ASSISTANCE.—The Secretary, acting

9 through the National Park Service, shall provide technical

10 assistance to the grant recipient in developing this unique

11 type of urban park.

Æ
<TABLE> <S> <C>

<PAGE>
<ARTICLE>     5
<CIK>         0001023397
<NAME>        NEWRIDERS, INC.
       
<S>                                        <C>
<PERIOD-TYPE>                              9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          56,339
<SECURITIES>                                         0
<RECEIVABLES>                                       15
<ALLOWANCES>                                         0
<INVENTORY>                                    722,975
<CURRENT-ASSETS>                               799,318
<PP&E>                                       2,327,240
<DEPRECIATION>                                  99,338
<TOTAL-ASSETS>                               3,346,024
<CURRENT-LIABILITIES>                          766,298
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        16,945
<OTHER-SE>                                   2,299,061
<TOTAL-LIABILITY-AND-EQUITY>                 3,346,024
<SALES>                                      2,426,584
<TOTAL-REVENUES>                             2,426,584
<CGS>                                        1,095,227
<TOTAL-COSTS>                                1,095,227
<OTHER-EXPENSES>                             2,612,918    
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              11,309 
<INCOME-PRETAX>                             (1,292,870)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (1,292,870)
<EPS-PRIMARY>                                    (0.08)
<EPS-DILUTED>                                    (0.08)
        

</TABLE>
EXHIBIT 32.2



CFO CERTIFICATION OF PERIODIC REPORT



I, Kevin T. Michaels, Chief Financial Officer of Powerwave Technologies, Inc. (the Company), certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



| | 1. | the Quarterly Report on Form 10-Q of the Company for the quarterly period ended October 2, 2005 (the Report) fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 780(d)); 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: November 11, 2005 |  |  |  | By: |  | /s/    KEVIN T. MICHAELS
|                        |  |  |  |     |  |                          |  | Kevin T. Michaels           
|                        |  |  |  |     |  |                          |  | Chief Financial Officer     
|                        |  |  |  |     |  |                          |  | Powerwave Technologies, Inc.
216 La. 1090

#### W. T. BURTON CO., Inc. v. STEVENS & COMPANY, Inc.

No. 39746.

Supreme Court of Louisiana.

March 20, 1950.

Patin & Patin, Lake Charles, for appellant-defendant.

Thompson, Lawes, Cavanaugh & Hickman, Lake Charles, for plaintiff-appellee.

McCALEB, Justice.

The judgment in this case was read and signed on November 15, 1949 and, on the same day, defendant was granted an appeal returnable to this court on January 2, 1950. The appeal was perfected by the giving of bond but the transcript was not filed until January 11, 1950. Appellee now moves to dismiss the appeal on that ground.

The motion is well taken. It is established that where the appellant perfects the appeal and fails to file the transcript on or before the return day, or within the three day grace period following the return day (unless extended by order of the appellate court), he is conclusively presumed to have abandoned the appeal. Articles 587, 588, 589, 590, 883 and 884, Code of Practice; Whitney Central Trust & Savings Bank v. Greenwood Planting & Mfg. Co. Ltd., 146 La. 572, 83 So. 834, Dupierris v. Sparicia, 164 La. 290, 113 So. 851; Aaron v. Mizer, 196 La. 481, 199 So. 398 and McDermott v. Kilpatrick, 198 La. 1053, 5 So.2d 332.

The appeal is dismissed.
In the Senate of the United States,

December 20 (legislative day, December 18), 2001.

Resolved, That the bill from the House of Representatives (H.R. 1892) entitled ‘‘An Act to amend the Immigration and Nationality Act to provide for the acceptance of an

affidavit of support from another eligible sponsor if the original sponsor has died and the Attorney General has determined for humanitarian reasons that the original sponsor’s

classification petition should not be revoked.’’, do pass with

the following

AMENDMENT:

1 Page 3, line 4, after ‘‘law,’’ insert: sister-in-law,

2 brother-in-law,

Attest:

Secretary.

107TH CONGRESS

1ST SESSION H. R. 1892

AMENDMENT
Case 1:08-cv-00493-JL   Document 6   Filed 12/30/08   Page 1 of 1
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Elaine Chao, Secretary of the

United States Department of Labor

v. 07-mc-38-JM

Jane Schofield, et al.

O R D E R

Plaintiff’s “Petition to Enforce Administrative Subpoena” is

granted. Jane Schofield is ordered to comply with the subpoena

of April 18, 2007 attached to this order and produce all records

subpoenaed to James M. Benages, Regional Director of the Employee

Benefits Security Administration, U.S. Department of Labor, at

John F. Kennedy Federal Building, Room 575, Boston, Massachusetts

on September 28, 2007 at 9:00 a.m.

SO ORDERED.

____________________________________

James R. Muirhead

United States Magistrate Judge

Date: August 28, 2007

cc: Gail Glick, Esq.

Jane Schofield, pro se

Case 1:07-mc-00038-JM Document 3 Filed 08/28/07 Page 1 of 1
SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 6D2023-3828

Lower Tribunal No. 21CF-2499AOS

_____________________________

ZENEN ROGELIO ALICEA MALDONADO,

Appellant, 

v.

STATE OF FLORIDA,

Appellee.

_____________________________

Appeal from the Circuit Court for Osceola County.

Keith A. Carsten, Judge.

July 2, 2024

PER CURIAM.

AFFIRMED.

TRAVER, C.J., and STARGEL and WOZNIAK, JJ., concur.

Howard L. “Rex” Dimmig, II, Public Defender, and Susan M. Shanahan, Assistant 

Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant 

Attorney General, Daytona Beach, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING 

AND DISPOSITION THEREOF IF TIMELY FILED
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 19-2437

___________________________

David Earl Wattleton

lllllllllllllllllllllPlaintiff - Appellant

v.

Tanya Hodge, Trust Fund Administrator, Federal Medical Center Rochester

lllllllllllllllllllllDefendant - Appellee

 ____________

Appeal from United States District Court 

for the District of Minnesota

 ____________

 Submitted: March 18, 2020

Filed: March 23, 2020

[Unpublished]

____________

Before GRUENDER, BEAM, and SHEPHERD, Circuit Judges. 

____________

PER CURIAM.
David Wattleton appeals the district court’s1

 order dismissing his pro se civil

rights complaint and denying him leave to amend his complaint. Upon careful de

novo review, we conclude the district properly dismissed Wattleton’s complaint for

failure to state a claim. See Plymouth Cty. v. Merscorp, Inc., 774 F.3d 1155, 1158

(8th Cir. 2014) (standard of review). We also conclude the district court properly

denied Wattleton leave to amend his complaint because his proposed new claims were

meritless. See Popoalii v. Corr. Med. Servs., 512 F.3d 488, 497 (8th Cir. 2008)

(explaining that a court may deny a motion to amend when amendment would be

futile). Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

1The Honorable Eric C. Tostrud, United States District Judge for the District

of Minnesota, adopting the report and recommendations of the Honorable Becky R.

Thorson, United States Magistrate Judge for the District of Minnesota.

-2-