alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Weaver *v.*Jackson and Another.

If the defendant plead in abatement a misnomer of his Christian name, the plaintiff having confessed the plea to be true, and proved that the process had been served on the real defendant, may be permitted under the statute, on payment of costs, to amend the declaration by striking out the wrong name and inserting the right one.

ERROR to the *Switzerland*Circuit Court. ,

Dewey, J.

Case. Plea, not guilty. "Verdict and judgment for the plaintiffs below.

On the calling of the cause, the defendant put in a plea in abatement for a misnomer, stating that he was sued by the Christian name of *William,*when in fact his Christian name was *Boston.*The plaintiffs admitting the plea to be true, and having proved that the process had been served on the real defendant *Boston. Weaver,*moved for leave to amend *6the declaration by striking out *William*and inserting *Boston.*The motion was granted, and the declaration immediately amended accordingly; whereupon the defendant pleaded the general issue and went to trial.

*M. G. Bright,*for the plaintiff.

The error complained of is the leave to amend the declaration.

We think, however, the leave was correctly given. The statute provides that the Court, in which any action! is pending, may give leave to amend any process, pleading, or proceeding in such action, either in form or substance, for the furtherance of justice, at the costs of the party amending, at any time before commencing the trial. R. S. 1843, p. 713. The amendment allowed saved delay and was evidently in furtherance of justice. It was therefore within the provision of the statute.

*Per Curiam.*

The judgment is affirmed with costs.
FILED

United States Court of Appeals

Tenth Circuit

August 20, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

JONATHAN LEE RICHES, a/k/a

Kwame Kilpatrick,

 Plaintiff - Appellant,

v. 

NOSHIR GOWADIA; HASSAN

ABU-JIHAAD; PAUL HARVEY;

ADX FLORENCE,

 Defendants - Appellees.

No. 10-1376

(D.C. No. 1:09-CV-00742-ZLW)

ORDER

Before LUCERO, TYMKOVICH, and HOLMES, Circuit Judges.

Plaintiff Jonathan Lee Riches appeals the district court’s May 18, 2009

order and final judgment dismissing his § 2241 petition. Because this court lacks

jurisdiction, we dismiss the appeal.

“A timely notice of appeal is both mandatory and jurisdictional.” Allender

v. Raytheon Aircraft Co., 439 F.3d 1236, 1239 (10th Cir. 2006) (quotation

omitted). In a civil case in which the United States or its officer or agent is a

party, a notice of appeal must be filed within 60 days after the judgment or order

appealed from is entered. Fed. R. App. P. 4(a)(1)(B). Although Mr. Riches is

Appellate Case: 10-1376 Document: 01018481606 Date Filed: 08/20/2010 Page: 1
-2-

proceeding pro se, he must comply with the same procedural requirements that

govern other litigants. Kay v. Bemis, 500 F.3d 1214, 1218 (10th Cir. 2007);

Ogden v. San Juan County, 32 F.3d 452, 455 (10th Cir. 1994).

In this case, the district court’s order and final judgment were entered May

18, 2009. To be timely, the notice of appeal must have been filed by July 17,

2009. The notice was not filed until August 16, 2010, more than one year after

the deadline passed. The United States Supreme Court has made clear that

federal courts “ha[ve] no authority to create equitable exceptions to jurisdictional

requirements.” Bowles v. Russell, 551 U.S. 205, 214 (2007). As a result, this

substantially untimely appeal cannot be saved.

APPEAL DISMISSED.

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

by: Lara Smith

Counsel to the Clerk

Appellate Case: 10-1376 Document: 01018481606 Date Filed: 08/20/2010 Page: 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

     In  connection  with the  Quarterly  Report on Form 10-Q of WNC  California
Housing Tax Credits III, L.P. (the  "Partnership") for the period ended June 30,
2007 as filed with the  Securities  and Exchange  Commission  on the date hereof
(the "Report"),  and pursuant to 18 U.S.C., section 1350, as adopted pursuant to
section  906 of the  Sarbanes-Oxley  Act of 2002,  I,  Thomas  J.  Riha,  Senior
Vice-President  and Chief Financial Officer of WNC & Associates,  Inc.,  general
partner of the Partnership, hereby certify that:

1.   The Report fully complies with the  requirements  of section 13(a) or 15(d)
     of the  Securities  Exchange  Act of 1934,  except to the extent  that such
     provisions require the audit report of Local Limited Partnership  financial
     statements  to  refer  to the  auditing  standards  of the  Public  Company
     Accounting   Oversight  Board  for  the   Partnership's   annual  financial
     statements; and

2.   The information  contained in the Report fairly  presents,  in all material
     respects,   the  financial  condition  and  result  of  operations  of  the
     Partnership.




/s/Thomas J. Riha.
------------------
Thomas J. Riha
Senior Vice-President and Chief Financial Officer of WNC & Associates, Inc.

September 23, 2008
#### UNITED STATES of America, Plaintiff-Appellee, v. Alick BENNER, Defendant-Appellant.

No. 02-10594.

D.C. No. CR-01-05253-OWW.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 8, 2003.*

Decided Sept. 15, 2003.

Sherrill LaPrade Carvalho, Esq., United States Attorney’s Office, Fresno, CA, for Plaintiff-Appellee.

Carolyn D. Phillips, Esq., Fresno, CA, for Defendant-Appellant.

Before PREGERSON, THOMAS and PAEZ, Circuit Judges.

*

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

MEMORANDUM **

Alick Benner appeals his guilty-plea conviction and 57-month sentence imposed for committing assault with a dangerous weapon, in violation of 18 U.S.C. § 113(a)(3). Benner’s attorney has filed a brief and a motion to withdraw as counsel of record pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Benner has not filed a pro se supplemental brief.

Our review of the *Anders*brief and our independent review of the record under *Penson v. Ohio,*488 U.S. 75, 83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), disclose no issues requiring further review. Accordingly, counsel’s motion to withdraw is GRANTED and the district court’s judgment is AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
<PAGE>

                                                                    EXHIBIT 10.E

                         CERTIFIED COPY OF RESOLUTION
                           THE BOARD OF DIRECTORS OF
                             TORCHMARK CORPORATION


     The undersigned Secretary of Torchmark Corporation (the "Company"), hereby
certifies that the following resolution was duly adopted by the Board of
Directors of the Company on February 29, 2000:

          RESOLVED, that the director retirement benefit program
     be discontinued effective February 29, 2000 and directors
     with accrued but unpaid benefits under such program be
     allowed the opportunity to convert the present value of
     their expected retirement benefit thereunder to options in
     Company common stock; provided, however, that retired
     directors and advisory directors receiving payments pursuant
     to such program on February 29, 2000 shall continue to
     receive such retirement benefit payments in cash.

     The foregoing action of the Board of Directors of the Company is still in
full force and effect this 6/th/ day of March, 2000.


                                               /s/ Carol A. McCoy
                                          ----------------------------------
                                          Carol A. McCoy
                                          Secretary
#### STATE OF NEW JERSEY v. RICHARD A. HOWERY.

June 21, 1978.

Petition for certification granted.
[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Notices]
[Page 67767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27721]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLOROR957000-L63100000-BJ000: HAG11-0047]


Filing of Plats of Survey: Oregon/Washington

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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

SUMMARY: The plats of survey of the following described lands are 
scheduled to be officially filed in the Bureau of Land Management 
Oregon/Washington State Office, Portland, Oregon, 30 days from the date 
of this publication.

Willamette Meridian

Oregon

T. 30 S., R. 9 W., accepted September 27 2010
T. 3 S., R. 8 W., accepted September 27 2010
T. 29 S., R. 9 W., accepted September 27 2010
T. 7 S., R. 2 E., accepted September 29 2010
T. 6 S., R. 2 E., accepted October 1, 2010
T. 14 S., R. 2 W., accepted October 12, 2010
T. 6 & 7 S., R. 7 W., accepted October 21, 2010

ADDRESSES: A copy of the plats may be obtained from the Land Office at 
the Bureau of Land Management, Oregon/Washington State Office, 333 S.W. 
1st Avenue, Portland, Oregon 97204, upon required payment. A person or 
party who wishes to protest against a survey must file a notice that 
they wish to protest (at the above address) with the Oregon/Washington 
State Director, Bureau of Land Management, Portland, Oregon.

FOR FURTHER INFORMATION CONTACT: Kyle Hensley, (503) 808-6124, Branch 
of Geographic Sciences, Bureau of Land Management, 333 S.W. 1st Avenue, 
Portland, Oregon 97204.

Cathie Jensen,
Acting Chief, Branch of Land, Mineral, and Energy Resources.
[FR Doc. 2010-27721 Filed 11-2-10; 8:45 am]
BILLING CODE 4310-33-P
EXHIBIT
32-1





CERTIFICATION
PURSUANT TO


18 U.S.C.
SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Quarterly Report on Form 10-Q of WNC CALIFORNIA HOUSING TAX
CREDITS III, L.P.; (the “Partnership”) for the quarter ended December 31, 2009
as filed with the Securities and Exchange Commission on the date hereof (the
“Report”), and pursuant to 18 U.S.C., section 1350, as adopted pursuant to
section 906 of the Sarbanes-Oxley Act of 2002, I, Wilfred N. Cooper, Jr.,
President and Chief Executive Officer of WNC & Associates, Inc., general
partner of the Partnership, hereby certify that:





1.
            The
      Report fully complies with the requirements of section 13(a) or 15(d) of
      the Securities Exchange Act of 1934;
and





2.
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and result of operations of the
      Partnership.








/s/WILFRED N. COOPER,
JR.


Wilfred
N. Cooper, Jr.


President
and Chief Executive Officer of WNC & Associates, Inc.





Date:
February 16, 2010
**EXHIBIT 32.1**

 

**SPORT-HALEY, INC.CERTIFICATION**

 

**Pursuant to 18 U.S.C. §1350,As Adopted Pursuant to Section 906of the Sarbanes-Oxley Act of 2002**

 

*In connection with the QuarterlyReport of Sport-Haley, Inc. (the “Company”) on Form 10-Q for thequarterly period ended December 31, 2008, as filed with the Securities andExchange Commission on the date hereof (the “Report”), we, the undersignedChief Executive Officer and Chief Financial Officer of the Company, do eachcertify, to our respective knowledge, pursuant to 18 U.S.C. § 1350, as adoptedpursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:*

* *
| (1)    |   | The  Report fully complies with the requirements of section 13(a) or  15(d) of the Securities Exchange Act of 1934; and                     |
|--------|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                  |
| (2)    |   | The  information contained in the Report fairly presents, in all material  respects, the financial condition and result of operations of the Company. |

 

Dated:  February 19, 2009

 
| /s/  DONALD W. JEWELL                           |
|-------------------------------------------------|
| Donald  W. Jewell                               |
| Chief  Executive Officer                        |
| *(Principal  Executive Officer)*                |
|                                            |
| /s/  PATRICK W. HURLEY                          |
| Patrick  W. Hurley                              |
| Chief  Financial Officer                        |
| *(Principal  Financial and Accounting Officer)* |

 

----

#### ** **

#### ** **
EXHIBIT 32.2

                           CERTIFICATION OF PRINCIPAL
                          FINANCIAL OFFICER PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In connection with the Annual Report of EMPS Corporation on Form 10-KSB
for the year ended December 31, 2004, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), the undersigned, Mirgali Kunayev,
Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

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

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



Date: April 15, 2005                                  /s/ Paul Roberts
                                                     ---------------------------
                                                     Paul Roberts,
                                                     Principal Financial Officer
NAC Aeronautics Committee Internal Agenda
 

Tuesday, August 2, 2011
 

Ames Research Center, Moffett Field, CA
 

(NASA Ames Conference Center, Building 3)
 

Tuesday, August 2
 

8:00 am to 8:10 am Welcome and announcements
 

8:10 am to 9:45 am ARMD International engagement strategy
 

9:45 pm to 10:00 am Break
 

10:00 am to 11:30 am Verification and Validation for Flight Critical 

Systems (V&V FCS) Planning Update

11:30 am to 12:30 pm  Lunch
 

12:30 pm to 2:00 pm Systems Analysis and Strategic Planning
 

2:00 pm to 2:45 pm Committee Deliberations
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANTHONY EUGENE LEWIS,

Plaintiff

- Appellant,

v.

KING COUNTY; et al.,

Defendants

- Appellees. No. 17

- 35527

D.C. No. 2:16

- cv

- 01112

- JLR

MEMORANDUM *

Appeal from the United States District Court

for the Western District of Washington

James L. Robart, District Judge, Presiding

Submitted December 18, 2017 **

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

Anthony Eugene Lewis appeals pro se from the district court’s summary

judgment in his 42 U.S.C. § 1983 action alleging constitutional claims related to

Washington’s sex offender registration requirements. We have jurisdiction under

28 U.S.C. § 1291. We review de novo

. Szajer v. City of Los An geles , 632 F.3d

* 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

DEC 29 2017

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 17

- 35527

607, 610 (9th Cir. 2011). We affirm.

The district court properly granted summary judgment on Lewis’s Eighth

Amendment claim because Washington’s sex offender registration statute does not

impose criminal punishment. See State v. Ward

, 869 P.2d 1062, 1068

- 69 (Wash.

1994) (Washington’s sex offender registry serve s a regulatory, rather than punitive,

purpose).

The district court properly granted summary judgment on Lewis’s

Fourteenth Amendment equal protection and substantive due process claim s

because Lewis failed to raise a genuine dispute of material fact as to whether the

sex offender registration statute is not rationally related to a legitimate state

interest. See United States v. Juvenile Male , 670 F.3d 999, 1009 , 1012 (9th Cir.

2 012) ( statute that does not burden a protected class or a fundamental right will be

upheld if it is rationally related to a legitimate state interest ); Ward , 869 P.2d at

1077 (sex offender registration statute advance s the valid state interest of assisting

law enforcement).

The district court properly granted summary judgment on Lewis’s

Fourteenth Amendment procedural due process claim because Lewis failed to raise

a genuine dispute of material fact as to whether the registration requirement was

not based on his prior criminal conviction. See Juvenile Male , 670 F.3d at 1014

(no additional due process required where the requirement to register is based3 17

- 35527

solely on prior conviction ).

AFFIRMED.
[Federal Register Volume 75, Number 206 (Tuesday, October 26, 2010)]
[Notices]
[Pages 65674-65675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27231]


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

POSTAL REGULATORY COMMISSION


Sunshine Act Meetings

TIME AND DATE: Wednesday, November 3, 2010, at 11 a.m.

PLACE: Commission hearing room, 901 New York Avenue, NW., Suite 200, 
Washington, DC 20268-0001.

STATUS: Parts of this meeting will be open to the public. The rest of 
the meeting will be closed to the public. The open parts of the meeting 
will be audiocast. The audiocast can be accessed via the Commission's 
website at http://www.prc.gov.

MATTERS TO BE CONSIDERED: The agenda for the Commission's November 
meeting includes the nine items identified below.

PORTIONS OPEN TO THE PUBLIC:
    1. Review of postal-related congressional activity.
    2. Report on international activities.
    3. Review of active cases.
    4. Report on recent activities of the Joint Periodicals Task Force 
and status

[[Page 65675]]

of the report to the Congress pursuant to Section 708 of the PAEA.
    5. Report on the status of the Annual Report.
    6. Report on vacancies and positions recently filled.

PORTIONS CLOSED TO THE PUBLIC:
    7. Discussion of pending litigation.
    8. Discussion of confidential personnel issues.
    9. Discussion of contracts involving confidential commercial 
information.

CONTACT PERSON FOR MORE INFORMATION: Stephen L. Sharfman, General 
Counsel, Postal Regulatory Commission, 901 New York Avenue, NW., Suite 
200, Washington, DC 20268-0001, at <a href="/cdn-cgi/l/email-protection#a7d4d3c2d7cfc2c989d4cfc6d5c1cac6c9e7d7d5c489c0c8d1"><span class="__cf_email__" data-cfemail="2c5f58495c444942025f444d5e4a414d426c5c5e4f024b435a">[email protected]</span></a> or 202-789-
6820 (for agenda-related inquiries) and Shoshana M. Grove, Secretary, 
at 202-789-6800 (for inquiries related to meeting location, access for 
handicapped or disabled persons, the audiocast, or other similar 
matters).

    Dated: October 22, 2010.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2010-27231 Filed 10-22-10; 4:15 pm]
BILLING CODE 7710-FW-P


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</html>
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-1299

DEREK JARVIS, 

 Plaintiff - Appellant, 

 v. 

FEDEX OFFICE & PRINT SERVICES, INCORPORATED, 

 Defendant - Appellee. 

Appeal from the United States District Court for the District of 

Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. 

(8:08-cv-01694-DKC) 

Submitted: October 20, 2009 Decided: October 23, 2009 

Before TRAXLER, Chief Judge, NIEMEYER, Circuit Judge, and 

HAMILTON, Senior Circuit Judge. 

Affirmed by unpublished per curiam opinion. 

Derek Jarvis, Appellant Pro Se. David Samuel Panzer, Eric C. 

Rowe, GREENBERG TRAURIG, LLP, Washington, DC, for Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Derek Jarvis appeals the district court’s order 

dismissing his civil action. We have reviewed the record and 

find no reversible error. Accordingly, we affirm for the 

reasons stated by the district court. Jarvis v. FedEx Office & 

Print Serv., No. 8:08-cv-01694-DKC (D. Md. Mar. 10, 2009). We 

dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process. 

AFFIRMED
#### Wort *v.*Finley.—In error.

THE statute of 1838 required the summons of a justice of the peace to be served at least three days (the day of service being excluded from the computation) before the time of appearance. R. S. 1838, p. 366.

A judgment rendered against a person without notice of the suit is a nullity. *Bliss*v. *Wilson, 4*Blackf. 169.
DOMINIC A. ANTONELLI (COMMANDER, USN, RET)

NASA ASTRONAUT

Pronunciation: DAH-mih-neek AN-ton-el-ee

PERSONAL DATA: Born in Detroit, Michigan. Raised in Indiana and North Carolina. 

Married with two children. Interests include snowboarding and NASCAR. 

EDUCATION: Graduated from Douglas Byrd High School, Fayetteville, North Carolina; 

Bachelor of Science, Aeronautics & Astronautics, Massachusetts Institute of Technology; 

Master of.Science, Aeronautics & Astronautics, University of Washington.

SPECIAL HONORS: Navy Meritorious Service Medal, Navy Commendation Medal, NASA 

Exceptional Achievement Medal, NASA Return-to-Flight Award, and various service awards.

EXPERIENCE: Antonelli served as a fleet Naval Aviator and Landing Signal Officer aboard 

the aircraft carrier USS Nimitz with the Blue Diamonds, Strike Fighter Squadron VFA-146, 

flying F/A-18C Hornets in support of Operation Southern Watch. 

Antonelli has accumulated over 3,200 hours in 41 different kinds of aircraft and has completed 273 carrier arrested landings. 

He is a Distinguished Graduate of the U.S. Air Force Test Pilot School (Navy Exchange Pilot).

NASA EXPERIENCE: Selected as a pilot by NASA in 2000. He completed 18 months of training and evaluation as an 

Astronaut Candidate. Antonelli initially served in various technical assignments in support of the Astronaut Office. A veteran 

of two space flights, Antonelli has logged a total of 24 days, 3 hours, 57 minutes and 35 seconds in space.

SPACE FLIGHT EXPERIENCE: Antonelli flew his first mission in space as the pilot of STS-119 aboard Space Shuttle 

Discovery in March 2009. The flight delivered the S6 Integrated Truss Segment and the final pair of power-generating solar 

array wings to the International Space Station.

Antonelli also served as pilot on STS-132 Atlantis (May 14-26, 2010) the 32nd Shuttle flight to the International Space Station. 

STS-132 delivered an Integrated Cargo Carrier and a Russian-build Mini Research Module to the Station. The STS-132 

mission was completed in 186 orbits, traveling 4,879,978 miles in 11 days, 18 hours, 28 minutes and 2 seconds.

National Aeronautics and

Space Administration

July 2015

Biographical Data

 Lyndon B. Johnson Space Center

 Houston, Texas 77058

Click photo for downloadable 

high-res version