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).

 *** The Honorable Richard Mills, Senior District Judge for the U.S.

District Court for Central Illinois, Springfield, sitting by designation.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

YOU TAN LIN,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 07-73396

Agency No. A079-399-644

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted May 13, 2011** 

San Francisco, California

Before: W. FLETCHER and N.R. SMITH, Circuit Judges, and MILLS, 

Senior District Judge.*** 

FILED

MAY 18 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

Petitioner You Tan Lin petitions for review of the BIA’s adverse credibility

determination. We find that the BIA’s adverse credibility determination was

supported by substantial evidence. Monjaraz-Munoz v. INS, 327 F.3d 892, 895

(9th Cir. 2003). 

Lin’s testimony was inconsistent regarding the extent and timing of his

Falun Gong practice. For instance, at his first asylum hearing, he testified that his

interest in Falun Gong was a reflection of his fleeting youthful curiosity and that he

stopped practicing Falun Gong after 1998, when he was asked for a membership

fee from his local Falun Gong group. At his second asylum hearing, however, he

testified that his commitment to Falun Gong was a matter of religious devotion,

and that he practiced almost continuously from 1998 to 2005. At his first asylum

hearing, Lin mentioned nothing about practicing Falun Gong after the Chinese

government prohibited the practice in 1999. At his second hearing, however, he

testified that he practiced Falun Gong in public after the practice was prohibited

and that he was chased out of a public park on one occasion. These inconsistencies

provided the BIA with substantial evidence to find that Lin was not credible.

While it is true that “an applicant may establish his case through his own

testimony alone,” Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir. 1997), “if the trier

of fact either does not believe the applicant or does not know what to believe, the
3

applicant’s failure to corroborate his testimony can be fatal to his asylum

application,” Sidhu v. INS, 220 F.3d 1085, 1090 (9th Cir. 2000), citing 8 C.F.R. §

208.13. In this case, the BIA did not err in considering Lin’s lack of corroborating

evidence in determining that Lin’s testimony was not credible. Lin claimed to

have practiced Falun Gong in the Bay Area every weekend for several years. 

However, he did not provide a letter from any of his fellow Bay Area practitioners. 

Likewise, he did not bring any to testify at his asylum hearing. These witnesses

could have corroborated the extent of Lin’s alleged devotion to Falun Gong.

PETITION DENIED.
Order entered September 3 , 2021

In The 

### Court of Appeals Fifth District of Texas at Dallas

No. 05

- 21

- 00652

- CV

SB PREMIUM, LLC D/B/A SUICIDE BUNNY, TIFFANY GRESHAM, LARRY SCOTT GRESHAM, SB PRODUCTS, SUICIDE BUNNY, AND WAGES AND WHITE LION INVESTMENTS, LLC, ET AL. , Appellant s

V.

BRANDIE HARRIS, INDIVIDUALLY AND AS HEIR AND REPRESENTATIVE OF THE ESTATE OF NEIL HARRIS AND AS NEXT

FRI END OF MINORS O.H., A.H. , AND B.H. , Appellee

On Appeal from the 68th Judicial District Court

Dallas County, Texa s Trial Court Cause No. DC

- 19

- 00359

O RDER

T he clerk ’ s record in this case is overdue. By postcard dated July 30 , 2021,

we notified the Dallas C ounty District C lerk that the clerk’s record was overd ue.

We direc ted the Dallas County District Clerk to file the clerk’s record within thirty

days. To date, the clerk’s record has not been fil ed.Accordingly, this Court ORDERS the Dallas County District Clerk to file,

within FIFTEEN DAYS of the date of t his order, ei ther the clerk’s record or

written verification that appellant s ha ve not paid for or m ade arrangements to pay

for the record. We not ify appellant s that if we receive verification they have not
paid for or made arrangements to pay for the record, we will, without further

notice, dismiss the appeal. See T EX

. R. A PP

. P. 37.3(b).

We DIRECT the Cl erk of the Court to send a copy of this ord er to:

Felicia Pitre Dallas County District Clerk

All parties

/s/ ROBERT D. BURNS, III CHIEF JUSTICE
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                          208000
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                208000
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  319000
<CURRENT-LIABILITIES>                           207000
<BONDS>                                              0
<COMMON>                                       3128000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   (3016000)
<TOTAL-LIABILITY-AND-EQUITY>                    319000
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                115000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (115000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (115000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (115000)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
EXHIBIT 24


                                POWER OF ATTORNEY
                    FORM 10-K FOR YEAR ENDED JANUARY 29, 2000

The undersigned directors and officers of NATIONAL COMPUTER SYSTEMS, INC. hereby
constitute and appoint J. W. Fenton, Jr., their true and lawful attorney-in-fact
and agent,  for each of them and in their name,  place and stead, in any and all
capacities (including without limitation, as Director and/or principal Executive
Officer,  principal Financial Officer, principal Accounting Officer or any other
officer of the  Company),  to sign its  Annual  Report on Form 10-K for the year
ended January 29, 2000,  which is to be filed with the  Securities  and Exchange
Commission,  with all exhibits thereto,  and any and all documents in connection
therewith,  hereby granting unto said  attorney-in-fact and agent full power and
authority to do and perform any and all acts and things  requisite and necessary
to be done, and hereby  ratifying and confirming all that said  attorney-in-fact
and agent may do or cause to be done by virtue hereof.

IN WITNESS  WHEREOF,  the undersigned have hereunto set their hands this 7th day
of March, 2000.

 /s/ Russell A. Gullotti                        /s/  John J. Rando
-------------------------                      -------------------------
     Russell A. Gullotti                             John J. Rando

 /s/ William J. Cadogan                         /s/  Stephen G. Shank
-------------------------                      -------------------------
     William J. Cadogan                              Stephen G. Shank

/s/  David C. Cox                               /s/  John E. Steuri
-------------------------                      -------------------------
     David C. Cox                                    John E. Steuri

/s/  Delores M. Etter                           /s/  Jeffrey W. Taylor
-------------------------                      -------------------------
     Delores M. Etter                                Jeffrey W. Taylor

/s/  Jean B. Keffeler
-------------------------
     Jean B. Keffeler
**EXHIBIT 32.2**

**CERTIFICATION OF CHIEF FINANCIAL OFFICERPURSUANT TO 18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

** **

**           **I, Timothy A. Dawson, Senior VicePresident and Chief Financial Officer of Mississippi Chemical Corporation (the"Company"), hereby certify that the accompanying report on Form 10‐Kfor the fiscal year ended June 30, 2004, filed with the Securities andExchange Commission on the date hereof pursuant to Section 13(a) of theSecurities Exchange Act of 1934 (the "Report") by the Company fullycomplies with the requirements of that section.

            I further certify that theinformation contained in the Report fairly presents, in all material aspects,the financial condition and results of operations of the Company.

                                                                                    /s/Timothy A. Dawson                                                                                                              TimothyA. Dawson                                                                                    SeniorVice President and                                                                                    ChiefFinancial Officer

September 28, 2004
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000839950
<NAME> NORTH COAST ENERGY, INC.

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       5,422,283
<SECURITIES>                                         0
<RECEIVABLES>                                3,926,632
<ALLOWANCES>                                         0
<INVENTORY>                                    251,156
<CURRENT-ASSETS>                             9,750,896
<PP&E>                                      56,650,677
<DEPRECIATION>                              17,051,694
<TOTAL-ASSETS>                              51,139,854
<CURRENT-LIABILITIES>                        7,594,195
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      3,059
<COMMON>                                        55,997
<OTHER-SE>                                  21,915,119
<TOTAL-LIABILITY-AND-EQUITY>                21,974,175
<SALES>                                      8,513,916
<TOTAL-REVENUES>                             8,513,916
<CGS>                                        7,434,611
<TOTAL-COSTS>                                7,434,611
<OTHER-EXPENSES>                             (108,396)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,404,828
<INCOME-PRETAX>                              (217,127)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (217,127)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (217,127)
<EPS-BASIC>                                      (.08)
<EPS-DILUTED>                                    (.08)


</TABLE>
1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

ANTONIO LOVE, : 

 Plaintiff, : 

 

vs. : CA 10-0166-CG-C 

CITY OF MOBILE, et al., : 

 Defendants. : 

 

ORDER 

 After due and proper consideration of all portions of this file deemed relevant to the 

issues raised, and there having been no objections filed, the recommendation of the Magistrate 

Judge made under 28 U.S.C. ' 636(b)(l)(B) and dated June 21, 2010 is ADOPTED as the opinion 

of this Court. 

 Plaintiff’s claim against Gooden for negligent or wanton failure to properly train 

managers and employees is DISMISSED WITH PREJUDICE; the motion to dismiss is 

otherwise DENIED.

DONE and ORDERED this 8th day of July, 2010. 

 /s/ Callie V. S. Granade 

 UNITED STATES DISTRICT JUDGE 

Case 1:10-cv-00166-CG-C Document 37 Filed 07/08/10 Page 1 of 1
#### C. K. Russell *v.*James Lynn.

Practice — Waiving Objections — Evidence.

Where no objection was made and no exception taken to the giving of instructions, no question as to them is presented on appeal.

Evidence.

In actions ex contractu when the evidence clearly preponderates against the verdict, a new trial should be granted.

APPEAL PROM KENTON CIRCUIT COURT.

October 30, 1874.

*R. D. Handy, for appellant.*

Opinion by

Judge Peters :

To the instruction given to the jury no objection was made and no exception taken by appellant, and this court can not on that account review the action of the court below, giving said instruction, even if it were erroneous, as the error was waived by failing to except to it at the time. No citation of authority is necessary on this point. Nor was there any exception taken to the opinion of the court in admitting the evidence of the Rusts to go to the jury and that question was waived.

But the verdict of the jury is against the .decided weight of the evidence.

In actions ex contractu, when the evidence preponderates so decisively against the verdict as it does in this case, a new trial should be awarded. *Kirtley v. Kirtley,*1 J. J. Marsh. 96.

Wherefore the judgment is *reversed*and the cause is remanded for a new trial and further proceedings consistent herewith.
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 of Radient Pharmaceuticals Corporation (the
“Company”) on Form 10-Q for the period ending September 30, 2010, as
filed with the Securities and Exchange Commission on the date hereof (the
“Report’), I, Douglas MacLellan, President and Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that:





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





(2) The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company at the dates
and for the periods indicated.





Date:
      November 22, 2010
              /s/ Douglas MacLellanDouglas
      MacLellanPresident
      and Chief Executive Officer
                (Principal
      Executive Officer)
                Radient
      Pharmaceuticals Corporation





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
Securities and Exchange Commission or its staff upon request.





This
certification accompanies this Quarterly Report on Form 10-Q pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the
extent required by such Act, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended (the
“Exchange Act”). Such certification will not be deemed to be incorporated by
reference into any filing under the Securities Act of 1933, as amended, or the
Exchange Act, except to the extent that the Company specifically incorporates it
by reference.
IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

BOBBY SMITH, JR., :

Plaintiff, :

vs. : CIVIL ACTION 09-0448-CG-M

GWENDOLYN GIVENS, et al., :

Defendants. :

JUDGMENT

It is ORDERED, ADJUDGED, and DECREED that Plaintiff’s complaint be and is

hereby DISMISSED with prejudice.

 DONE and ORDERED this 30th day of April, 2010.

/s/ Callie V. S. Granade 

UNITED STATES DISTRICT JUDGE

Case 1:09-cv-00448-CG-M Document 17 Filed 04/30/10 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

UNITED STATES OF AMERICA, :

Plaintiff, :

:

v. : CIVIL ACTION 12-00498-KD-C

:

HAMILTON SMITH, :

Defendant. :

ORDER

After due and proper consideration of the issues raised, and there having been no 

objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 

§ 636(b)(l)(B) and dated November 4, 2014, is ADOPTED as the opinion of this Court. 

Accordingly, it is ORDERED that Plaintiff’s motion for reimbursement of expenses pursuant to 

Fed.R.Civ.P. 37(c)(2) (Doc. 117) is GRANTED in part, with Plaintiff being awarded 

reasonable expenses totaling $10,000 rather than the $35,495.00 requested.

DONE and ORDERED this the 21st day of November 2014.

/s/ Kristi K. DuBose

KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE 

Case 1:12-cv-00498-KD-C Document 167 Filed 11/24/14 Page 1 of 1
April 5, 2012

JUDGMENT

The Fourteenth Court of Appeals

DAVID H. CULBRETH, Appellant

NO. 14-11-00937-CR V.

THE STATE OF TEXAS, Appellee

____________________

This cause was heard on the motion of the appellant to dismiss the appeal. Having 

considered the motion, the Court orders the appeal DISMISSED and that the appellant 

pay all costs expended in this appeal, and further orders this decision certified below for 

observance.

We further order the Clerk of this Court to issue the mandate immediately.
Exhibit 32
                    CERTIFICATION PURSUANT TO
                         18 U.S.C. 1350,
                     AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection with the Quarterly Report of AEI Real Estate  Fund
XVIII Limited Partnership (the "Partnership") on Form 10-QSB  for
the period ended September 30, 2003, as filed with the Securities
and  Exchange  Commission on the date hereof (the "Report"),  the
undersigned, Robert P. Johnson, President of AEI Fund  Management
XVIII, Inc., the Managing General Partner of the Partnership, and
Patrick  W. Keene, Chief Financial Officer of AEI Fund Management
XVIII,  Inc.,  each  certify, pursuant  to  18  U.S.C.  1350,  as
adopted  pursuant  to  Section 906 of the Sarbanes-Oxley  Act  of
2002, that:

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

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


                          /s/ Robert P Johnson
                              Robert P. Johnson, President
                              AEI Fund Management XVIII, Inc.
                              Managing General Partner
                              November 11, 2003



                          /s/ Patrick W Keene
                              Patrick W. Keene, Chief Financial Officer
                              AEI Fund Management XVIII, Inc.
                              Managing General Partner
                              November 11, 2003
Exhibit 4.2

CORTLAND BANCORP

194 West Main Street

Cortland, OH 44410

 

May 13, 2015

Securities and Exchange Commission

100 F Street, NE

Washington, D.C. 20549

Re:  Cortland Bancorp Quarterly Report on Form 10-Q for the quarter ended March 31, 2015

Ladies and Gentlemen:

Cortland Bancorp, an Ohio corporation, is today filing a Quarterly Report on Form 10-Q for the quarter ended March 31, 2015 (the "Form 10-Q"), as executed on May 13, 2015. 

Pursuant to the instructions relating to the Exhibits in Item 601(b)(4)(iii) of Regulation S-K, Cortland Bancorp hereby agrees to furnish the Commission, upon request, copies of instruments and agreements defining the rights of holders of its long-term debt and of the long-term debt of its consolidated subsidiaries, which are not being filed as exhibits to the Form 10-Q.  No such instrument or agreement represents long-term debt exceeding 10% of the total assets of Cortland Bancorp and its subsidiaries on a consolidated basis.

Very truly yours,


	
/s/ James M. Gasior

	
James M. Gasior

	
President and CEO
##### 



Exhibit 99.1

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

In connection with the Quarterly Report of AMDL, Inc. (the Company) on
Form 10-QSB for the period ended March 31, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Gary L. Dreher,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



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

| |  |     |  |                                     
| |  | --- |  | ------------------------------------
| |  | /s/ |  | Gary L. Dreher                      
| |  |     |  |                                     
| |  |     |  | Chief Executive Officer
May 13, 2003
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

DORIS McGARY, )

)

Plaintiff, )

)

vs. ) Civil Action No. 05-0408-KD-B

)

JO ANNE B. BARNHART, )

Commissioner of )

Social Security, )

)

Defendant. )

ORDER

After due and proper consideration of all portions of this file deemed relevant to the

issues raised, and a de novo determination of those portions of the Report and Recommendation

to which objection is made, the Report and Recommendation of the Magistrate Judge made

under 28 U.S.C. § 636(b)(1)(B) and dated August 28, 2006, is ADOPTED as the opinion of this

Court.

DONE and ORDERED this the 20th day of September, 2006.

s/ Kristi K. DuBose 

KRISTI K. DuBOSE 

UNITED STATES DISTRICT JUDGE

Case 1:05-cv-00408-KD-B Document 20 Filed 09/21/06 Page 1 of 1
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

CANDACE SIMS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D18-2592

[December 20, 2018]

Appeal of order denying rule 3.800(a) motion from the Circuit Court for 

the Fifteenth Judicial Circuit, Palm Beach County; John S. Kastrenakes, 

Judge; L.T. Case No. 2005CF015558BXX.

Candace Sims, Ocala, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed.

WARNER, TAYLOR and LEVINE, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
No. 87-1095.

#### Director, Office of Workers’ Compensation Programs, United States Department of Labor *v.*Broyles et al.

C. A. 4th Cir. Motion of respondents Charlie

Broyles and Lisa Kay Colley for leave to proceed *informa pauperis*granted. Certiorari granted, case consolidated with No. 87-821, *Pittston Coal Group et al.*v. *Sebben et al.*[certiorari granted, 484 U. S. 1058], and No. 87-827, *McLaughlin, Secretary of Labor, et al.*v. *Sebben et al.*[certiorari granted, 484 U. S. 1058], and a total of one hour allotted for oral argument.