alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT ER IC C HARL ES R ODNEY K’ NAPP, Plaintiff - Appe lla nt, v. C ALIFOR

NIA DEPAR TM ENT OF C ORREC TIONS & REHAB ILITATION; e t a l., De fe nda

nts - Appe lle e s. No. 14-16243 D.C . No. 1:12-c v-01895-LJO-M JS M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Ea ste rn Distric t of C a lifornia Lawre nc e J. O’ Ne ill, Distric t Judge , Pre siding Subm itte d

April 7, 2015 * * B e fore : FISHER , TALLM AN, a nd NGUYEN, C irc uit Judge s. C a lifornia sta te prisone r Eric C ha

rle s R odne y

K’ na pp a p pe a ls pro se from the d istric t c o urt’ s judgm e nt dismissing his ac tion a lle ging fe de ra l c la im s re late d to the c onditions of his c onfine m e nt. W e have jurisdic tion unde r 28 U.S.C . § 1291. 

# F IL ED APR 16 2015 M OLLY C. DW Y ER, CLERK U . S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).W e re vie wfor an a buse of disc re tion a

dism issa l for fa ilure to c om ply with a n orde r to file an am e nde d c om pla int tha t c om ports with Fe de ra l R

ule of C ivil Proc e d ure 8. Mc

He nry v . Re nne , 84 F.3d 1172, 1177 (9th C ir. 1996). W e a ffirm . The distric t c ourt did not a buse its disc re tion by

dism i ssing K’ na

pp’ s a c tion be c a use , a fte r be ing wa

rne d of the possibility

of dism issa l, Kna

pp file d anothe r c om pla i nt tha t wa s not in c om

plia n c e with thedistric t c ourt’ s orde r and R ule 8. Se e Fe rdik

v . Bonze le t , 963 F.2d 1258, 1262 (9th C ir. 1992) (se tting forth fa c tors re le va nt to dism i ssa l for fa ilure to c om

ply with a c ourt orde r, an d e xpla ining tha t, a lthough dism

issa l is a ha rsh pe na lty , a distric t c ourt’ s dismissa l should not be disturbe d unle s s the re is a

“ de finite and firm

c onvic t ion tha

t the c ourt be low c om m itte d a c l e ar e rror of judgm e nt in thec onc lusion it re a c h e d upon a we ighing of the re le va

nt fa c tors” (c i tations a

nd inte rna l quota

tion m arks om i tte d)); se ealso Mc H e nry , 84 F.3d a

t 1177 (R ule 8 re quire s tha

t e a c h ave rm e nt of a ple a ding be sim ple , c onc ise , a

nd dire c t , sta

t ing whic h de fe nda

nt is lia b le to the pla i ntiff for whic h wrong). W e re je c t K’ n a pp’ s c onte ntions tha

t he wa s not re quire d to c om ply with the m a gistra te judge ’ s orde rs, a

nd tha t the distric t c ourt judge and m a gistra te judge de m onstra

te d bia s a nd fa ile d to c onside r his pro sesta tus. W e do not c onside r argum e nts a n d a l le gations ra ise d for the first tim e on 1 4 - 1 6 2 4 3 2a

ppe a l. Se e Padge tt v . W

right , 587 F.3d 983, 985 n.2 (9th C ir. 2009) (pe r c uriam ). AFFIRM E D.

1 4 - 1 6 2 4 3 3
#### PALOMAR MEDICAL CENTER, Plaintiff-Appellant, v. Kathleen SEBELIUS, Secretary of Southern Health and Human Services, Defendant-Appellee.

No. 10-56529.

United States Court of Appeals, Ninth Circuit.

March 14, 2012.

D.C. No. 3:09-cv-00605-BEN-NLS, Southern District of California, San Diego.

Before: HARRY PREGERSON, RONALD M. GOULD, and RICHARD C. TALLMAN, Circuit Judges.

ORDER

The panel invites amicus briefs addressing the following questions:

> (1) Do the regulations at 42 C.F.R. §§ 405.926(i) and 405.980(a)(5) bar administrative review of a contractor’s decision to reopen a Medicare claim, including the contractor’s compliance with the good cause standard for reopening set forth at 42 C.F.R. §§ 405.980(b)(2) and 405.986?

> (2) If the regulations bar administrative review of a contractor’s decision to reopen, do federal courts have jurisdiction to enforce the agency’s compliance with the good cause standard for reopening?

Any person or entity wishing to file a brief as an amicus curiae in response to this order is granted leave to do so pursuant to Federal Rule of Appellate Procedure 29(a). Briefs responding to this order shall be filed within 30 days of the date of this order and shall not exceed 15 pages.
IN THE

TENTH COURT OF APPEALS

No. 10-14-00278-CR

ROBERT LANCE WATKINS,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 19th District Court

McLennan County, Texas

Trial Court No. 2013-284-C1

A B A T E M E N T ORDER

The appellant’s brief is overdue in this appeal. The Clerk of the Court’s 

December 11, 2014 letter to appellant’s counsel states:

Our records indicate that the appellant’s brief was due on or before 

December 4, 2014. To date, no brief has been filed.

You will notice that the trial court has been copied with this letter 

as required by the Rules of Appellate Procedure. TEX. R. APP. P. 38.8(b)(2). 

Presumably, the purpose of notifying the trial court is to allow 

intervention by the trial court before the Court has to formally abate the 

proceeding for a hearing.
Watkins v. State Page 2

Unless a brief or satisfactory response is received within 14 days, 

this Court must abate the appeal and order the trial court to immediately 

conduct a hearing pursuant to TEX. R. APP. P. 38.8(b)(2) & (3). 

Because appellant’s brief was not filed within 14 days as required, we abate this 

appeal to the trial court to conduct any necessary hearings within 21 days of the date of 

this order in accordance with Texas Rule of Appellate Procedure 38.8(b)(2) and (3). TEX.

R. APP. P. 38.8(b)(2), (3).

The supplemental clerk’s and reporter’s records required by the rule, if any, are 

ordered to be filed within 35 days of the date of this Order. See id.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Appeal abated

Order issued and filed January 15, 2015

Do not publish
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1932 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 1932

To provide for a limitation on availability of funds for Department of 
Labor, Employee Benefits Security Administration, Salaries and Expenses 
                         for fiscal year 2024.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2023

Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia, 
   Mr. Roy, and Mr. Crane) introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
To provide for a limitation on availability of funds for Department of 
Labor, Employee Benefits Security Administration, Salaries and Expenses 
                         for fiscal year 2024.

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

SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPARTMENT OF LABOR, 
              EMPLOYEE BENEFITS SECURITY ADMINISTRATION, SALARIES AND 
              EXPENSES FOR FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for Department of Labor, 
Employee Benefits Security Administration, Salaries and Expenses for 
fiscal year 2024 may not exceed $181,000,000.
                                 <all>
```
EXHIBIT 13.4

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of MATERIALISE NV (the Company) on Form 20-F/A for the fiscal year ended December 31, 2018, as
filed with the U.S. Securities and Exchange Commission on the date hereof (the Report), I, Johan Albrecht, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the U.S. Sarbanes-Oxley Act of 2002, that
to the best of my knowledge:



|(i) | the Report fully complies with the requirements of section 13(a) or 15(d) of the U.S. Securities Exchange Act
of 1934, as amended; and
|--- | --------------------------------------------------------------------------------------------------------------------------------------



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

Date: June 28, 2019



|    |  |                        
|--- |  | -----------------------
|By: |  | /s/ Johan Albrecht     
|    |  | Johan Albrecht         
|    |  | Alfinco BVBA           
|    |  | Chief Financial Officer
----

----

|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|     Dated:      August 14, 2008 | By:   George      R. Quist                                                          |
|-----------------------------------------------------|--------------------------------------------------------------------------------------------------------------|
|                                                |          Chairman      of the Board and Chief Executive Officer |
|                                                |                                                                                                         |

|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|     Dated:      August 14, 2008 |  By:   Stephen      M. Sill                                                                       |
|-----------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------|
|                                                |           Vice      President, Treasurer and Chief FinancialOfficer |

----
#### Sadio DIALLO, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-2252.

United States Court of Appeals, Fourth Circuit.

Submitted: July 28, 2006.

Decided: Oct. 18, 2006.

Patrick G. Tzeuton, Silver Spring, Maryland, for Petitioner. Peter D. Keisler, Assistant Attorney General, Donald E. Keener, Deputy Director, Bryan S. Beier, Senior Litigation Counsel, Washington, D.C., for Respondent.

Before WILKINSON, TRAXLER, and KING, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Sadio Diallo, a native and citizen of Guinea, petitions for review of an order of the Board of Immigration Appeals (“Board”) denying her motion to reconsider its previous order, which affirmed, without opinion, the immigration judge’s denial of Diallo’s requests for asylum and withholding of removal. Because Diallo failed to raise any issues pertaining to the propriety of the Board’s denial of her motion to reconsider in the argument section of her brief, we find that she has failed to preserve any issues for review. *See*Fed. R.App. P. 28(a)(9)(A) (“[T]he argument ... must contain ... appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies.”); *Edwards v. City of Goldsboro,*178 F.3d 231, 241 n. 6 (4th Cir.1999) (“Failure to comply with the specific dictates of [Rule 28] with respect to a particular claim triggers abandonment of that claim on appeal.”). Accordingly, we deny the petition for review for the reasons stated by the Board. *See In re: Diallo,*No. [ AXX-XXX-XXX ] (B.I.A. Oct. 11, 2005). 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.

*PETITION DENIED.*
---




Exhibit 23.1
 
  CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
   We hereby consent to the incorporation by reference in Registration Statement No. 333-69460 and Registration Statement No. 333-141555 on Form S-8 of our report dated March 3, 2011 relating to the consolidated balance sheets of Chembio Diagnostics Inc. and Subsidiary as of December 31, 2010 and 2009 and the related consolidated statements of operations, stockholders’ equity and cash flows for each of the two years ended December 31, 2010 and 2009 appearing in this Annual Report on Form 10-K of Chembio Diagnostics, Inc. for the year ended December 31, 2010.
   ParenteBeard LLC
   /s/ ParenteBeard LLC
  New York, New York
 March 3, 2011
#### In the Matter of Diane Harrison, Appellant, v Motor Vehicle Accident Indemnification Corporation, Respondent.

[971 NYS2d 893]

In a proceeding pursuant to Insurance Law § 5218 for leave to commence an action against the Motor Vehicle Accident Indemnification Corporation, the petitioner appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), entered August 13, 2012, which denied the petition.

Ordered that the order is affirmed, with costs.

The petitioner commenced this proceeding pursuant to Insurance Law § 5218 for leave to commence an action against the Motor Vehicle Accident Indemnification Corporation. The Supreme Court properly denied the petition. The petitioner failed to demonstrate that the subject accident was one in which the identity of the owner and operator of the subject motor vehicle was unknown *(see*Insurance Law § 5218 [b] [5]; *Matter of Acosta-Collado v Motor Veh. Acc. Indem. Corp.,*103 AD3d 714, 716 [2013]; *Matter of Sweet v Motor Veh. Acc. Indem. Corp.,*287 AD2d 510 [2001]; *Hauswirth v American Home Assur. Co.,*244 AD2d 528, 529 [1997]).

The petitioner’s remaining contention is not properly before this Court. Rivera, J.P., Lott, Sgroi and Miller, JJ., concur.
I 

118TH CONGRESS 

1ST SESSION H. R. 2579 

To require the Securities and Exchange Commission to revise the definition 

of a qualifying investment, for purposes of the exemption from registration for venture capital fund advisers under the Investment Advisers 

Act of 1940, to include an equity security issued by a qualifying portfolio 

company and to include an investment in another venture capital fund, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2023 

Mr. BARR introduced the following bill; which was referred to the Committee 

on Financial Services 

A BILL 

To require the Securities and Exchange Commission to revise 

the definition of a qualifying investment, for purposes 

of the exemption from registration for venture capital 

fund advisers under the Investment Advisers Act of 

1940, to include an equity security issued by a qualifying 

portfolio company and to include an investment in another venture capital fund, and for other purposes. 

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


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2579 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Developing and Em3 powering our Aspiring Leaders Act of 2023’’. 

4 SEC. 2. DEFINITIONS. 

5 Not later than the end of the 180-day period begin6 ning on the date of the enactment of this Act, the Securi7 ties and Exchange Commission shall— 

8 (1) revise the definition of a qualifying invest9 ment under paragraph (c) of section 275.203(l)–1 of 

10 title 17, Code of Federal Regulations— 

11 (A) to include an equity security issued by 

12 a qualifying portfolio company, whether ac13 quired directly from the company or in a sec14 ondary acquisition; and 

15 (B) to specify that an investment in an16 other venture capital fund is a qualifying in17 vestment under such definition; and 

18 (2) revise paragraph (a) of such section to re19 quire, as a condition of a private fund qualifying as 

20 a venture capital fund under such paragraph, that 

21 the qualifying investments of the private fund are ei22 ther— 

23 (A) predominantly qualifying investments 

24 that were acquired directly from a qualifying 

25 portfolio company; or 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 2579 IH

1 (B) predominantly qualifying investments 

2 in another venture capital fund or other venture 

3 capital funds. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
```

                                                                    EXHIBIT 32.1

                                  CERTIFICATION
      PURSUANT TO SECTION 13A-14(B) OF THE SECURITIES EXCHANGE ACT OF 1934
                           AND 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Sparta Commercial Services, Inc. (the
"Company") on Form 10-QSB for the quarterly period ended January 31, 2005, as
filed with the Securities and Exchange Commission on the date therein specified
(the "Report"), the undersigned, Anthony L. Havens, as Chief Executive Officer
of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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/ Anthony L. Havens
---------------------
Anthony L. Havens
Chief Executive Officer
Date: March 18, 2005
```
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE>                                               5
<PERIOD TYPE>                        6-MONTHS
<FISCAL YEAR END>                    DEC-31-1996
<PERIOD END>                         JUN-30-1996
<CASH>                                             32,698
<SECURITIES>                                            0
<RECEIVABLES>                                           0
<ALLOWANCES>                                            0
<INVENTORY>                                             0
<CURRENT ASSETS>                                   32,698
<PP&E>                                                  0
<DEPRECIATION>                                          0
<TOTAL ASSETS>                                     32,698
<CURRENT LIABILITIES>                               5,000
<BONDS>                                                 0
<PREFERRED MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                           37,751
<OTHER SE>                                        (10,053)
<TOTAL LIABILITY AND EQUITY>                       32,698
<SALES>                                                 0
<TOTAL REVENUES>                                        0
<CGS>                                                   0
<TOTAL COSTS>                                           0
<OTHER EXPENSES>                                   58,102
<LOSS PROVISION>                                        0
<INTEREST EXPENSE>                                      0
<INCOME PRETAX>                                   (58,102)
<INCOME TAX>                                            0
<INCOME CONTINUING>                               (58,102)
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET INCOME>                                      (58,102)
<EPS PRIMARY>                                       (0.02)
<EPS DILUTED>                                        0.00

</TABLE>
I 

118TH CONGRESS 

1ST SESSION H. R. 2416 

To amend the Public Health Service Act to reauthorize a military and civilian 

partnership for trauma readiness grant program. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2023 

Mr. BURGESS (for himself and Ms. CASTOR of Florida) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Public Health Service Act to reauthorize a 

military and civilian partnership for trauma readiness 

grant program. 

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

3 SECTION 1. REAUTHORIZATION OF MILITARY AND CIVIL4 IAN PARTNERSHIP FOR TRAUMA READINESS 

5 GRANT PROGRAM. 

6 Section 1291(g) of the Public Health Service Act (42 

7 U.S.C. 300d–91(g)) is amended by striking ‘‘fiscal years 

8 2019 through 2023’’ and inserting ‘‘fiscal years 2024 

9 through 2028’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
EXHIBIT 32



<PAGE>

                                  CERTIFICATION

     In connection  with the Annual Report of Biocurex,  Inc. (the "Company") on
Form 10-K for the year ending December 31, 2009 as filed with the Securities and
Exchange  Commission (the "Report"),  Dr. Ricardo Moro, the Principal  Executive
Officer  and Gladys  Chan,  the  Principal  Financial  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 to the best of their knowledge:

     (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 the Company.


Date:  March 31, 2010               By:/s/ Ricardo Moro
                                       -------------------------------------
                                       Dr. Ricardo Moro - Principal Executive
Officer

Date:  March 31, 2010               By:/s/ Gladys Chan
                                       -------------------------------------
                                       Gladys Chan - Principal Financial Officer
#### The People of the State of New York, Respondent, v Jorge Montes, Appellant.

[974 NYS2d 883]

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, Bronx County (Laura SaferEspinosa, J.), rendered on or about May 3, 2011, said appeal having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive, it is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed. Concur— Friedman, J.P., Sweeny, Acosta and Manzanet-Daniels, JJ.