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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-7123

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ETON ROSE, a/k/a Tony Barrett,

Defendant - Appellant.

Appeal from the United States District Court for the Middle

District of North Carolina, at Durham. N. Carlton Tilley, Jr.,

Chief District Judge. (CR-01-421; CA-03-613-1)

Submitted: November 3, 2004 Decided: November 19, 2004

Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.

Remanded by unpublished per curiam opinion.

Eton Rose, Appellant Pro Se. Sandra Jane Hairston, Assistant

United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
*Although Rose indicates that he signed the notice of appeal

on June 26, 2004, it is not clear whether he submitted the notice

to prison officials in a timely manner or whether he even utilized

his institution’s internal mail system.

- 2 -

PER CURIAM:

Eton Rose seeks to appeal the denial of relief on his

motion filed under 28 U.S.C. § 2255 (2000). The notice of appeal

was received in the district court approximately seven days after

the expiration of the appeal period. Under Fed. R. App. P. 4(c)(1)

and Houston v. Lack, 487 U.S. 266 (1988), the notice is considered

filed as of the date Rose properly delivered it to prison officials

for mailing to the court. The record does not reveal if or when

Rose complied with the requirements of Fed. R. App. P. 4(c)(1).*

Accordingly, we remand the case for the district court to obtain

this information from the parties and to determine whether the

filing was timely under Fed. R. App. P. 4(c)(1) and Houston v.

Lack. The record, as supplemented, will then be returned to this

court for further consideration.

REMANDED
----

Exhibit 32.2 

CERTIFICATION PURSUANT TO THE SARBANES-OXLEY ACT 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 
I, Michael Ash, CFO of The Tirex Corporation (the "Company") do herebycertify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that, to my knowledge: 

1. This QuarterlyReport on Form 10-QSB of the Company for the period ended March 31, 2006 asfiled with the Securities and Exchange Commission (the "report"), fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934; and 

2. The information contained in thereport fairly presents, in all material respects, the financial condition andresults of operations of the Company. 

/s/ Michael Ash                   Michael Ash, CFO 

Date: May 9, 2006
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 04-3670

___________ Sandhills Cattle Feeding, Inc., * a Nebraska Corporation, * * Plaintiff, * * v. * * Appeal from the United States Jeffrey Younkin, * District Court for the District * of Nebraska. Defendant, * * [UNPUBLISHED] Jeffrey Younkin, * * Third-Party Plaintiff/ * Appellee, * * BCD Farms, Inc., Ben Danelson, * Connie Danelson, * * Third-Party Defendants/ * Appellants. *

___________ Submitted: November 16, 2005 Filed: March 15, 2006

___________ Before ARNOLD, BEAM, and RILEY, Circuit Judges.

___________ PER CURIAM.1 The Honorable David L. Piester, Unite d States Magistrate Judge for the District of Nebraska, sitting by consent of the parties pursuant to 28 U.S.C. § 636(c).

-2- In the underlying action Sandhills v. Younkin , Sandhills Cattle Feeding, Inc., sued Jeffrey Younkin for issuing a check to Sandhills on which Younkin stopped payment. In that action, Younkin brought a third-party claim against BCD Farms, Inc. and Ben and Connie Danelson seeking indemn ity for any judgment entered against Younkin. A bench trial was conducted on August 30 and 31, 2004. The district court 1 concluded that Younkin owed Sandhills $92,120.99 a nd that BCD Farms was required to indemnify Younkin, its agen t, for any amounts paid by Younkin on the judgment. The court denied Younkin r ecovery from the Danelsons personally. Neither party disputes the findings of fact set forth in the trial court's order. Rather, BCD Farms claims that the court e rred in its legal conc lusions based upon the evidence presented. BCD Farms claims that Younkin was neither its agent nor was he authorized by BCD Farms to tender a ch eck and stop payment to Sandhills for the removal of BCD Farms' cattle from Sandhills on Decembe r 31, 2001. Accordingly, BCD Farms argues that it should not be required to indemnify Younkin for any amount he pays Sandhills. Having carefully reviewed the record, brie fs and applicable law, we agree with the district court's assessment of the issu es. Because we have nothing to add to the thorough and well-reasoned analysis of the court, we affirm without additional discussion. See 8th Cir. R. 47B.

______________________________
EXHIBIT 11

                    CATALINA LIGHTING, INC. AND SUBSIDIARIES
              SCHEDULE OF COMPUTATION OF DILUTED EARNINGS PER SHARE
                      (IN THOUSANDS, EXCEPT PER SHARE DATA)


                                                         THREE MONTHS ENDED
                                                             DECEMBER 31,
                                                    ----------------------------
                                                        1999             1998
                                                    -----------      -----------
Net income for diluted earnings
  per share                                         $   537,000      $   503,000
                                                    ===========      ===========
Weighted average number of common shares
  outstanding during the period                       7,386,000        7,171,000

Weighted average number of shares repurchased
    during the period                                  (400,000)              --

Common equivalent shares determined
   using the "Treasury Stock" method
   representing shares issuable upon exercise
   of stock options and warrants and shares
   issuable under contractual agreements                759,000          111,000
                                                    -----------      -----------
Weighted average number of shares
  used in calculation of diluted earnings
  per share                                           7,745,000        7,282,000
                                                    ===========      ===========
Diluted earnings per share                          $      0.07      $      0.07
                                                    ===========      ===========

NOTE

Subordinated notes convertible into 1,146,000 common shares and 1,040,000 common
shares for 1999 and 1998, respectively, were not included because their effect
was anti-dilutive.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                         356,252
<SECURITIES>                                         0
<RECEIVABLES>                                   54,490
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               467,284
<PP&E>                                       3,123,966
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               7,279,293
<CURRENT-LIABILITIES>                        7,785,693
<BONDS>                                      5,800,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                 (6,326,260)
<TOTAL-LIABILITY-AND-EQUITY>                 7,279,293
<SALES>                                      1,686,605
<TOTAL-REVENUES>                             1,686,605
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             1,537,603
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             256,825
<INCOME-PRETAX>                                 48,034
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             48,034
<DISCONTINUED>                              23,662,873
<EXTRAORDINARY>                              8,131,853
<CHANGES>                                            0
<NET-INCOME>                                31,842,760
<EPS-PRIMARY>                                   337.12
<EPS-DILUTED>                                   337.12
        

</TABLE>
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSH THOMAS,

Plaintiff

- Appellant,

v.

BRIAN ROBERTS; et al.,

Defendants

- Appellees. No. 17

- 16363

D.C. No. 2:16

- cv

- 00724

- CKD

MEMORANDUM *

Appeal from the United States District Court

for the Eastern District of California

Carolyn K. Delaney, Magistrate Judge, Presiding

Submitted February 13, 2018 **

Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.

Josh Thomas , a California state prisoner

, appeals pro se from the magistrate

judge’s order dismissing his 42 U.S.C. § 1983 action alleging federal and state law

claims in connection with his parole proceedings. We have jurisdiction under 28

U.S.C. § 1291. We review de novo whether the magistrat e judge validly entered

* 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

FEB 23 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 17

- 16363

judgment on behalf of the district court. Allen v. Meyer

, 755 F.3d 866, 867

- 68 (9th

Cir. 2014). We vacate and remand.

Thomas consented to proceed before the magistrate judge. See 28 U.S.C.

§ 636 (c). The magistrate judge then screened and dismissed Thomas’s action

before the named defendants had been served

. See 28 U.S.C. § 1915A(b) (1) ; Fed.

R. Civ. P. 41(b) . Because all parties, including unserved defendants, must consent

to proceed before the magis trate judge for jurisdiction to vest, Williams v. King

,

875 F.3d 500 , 503

- 04 (9th Cir. 2017), we vacate the magistrate judge’s order and

remand for further proceedings.

VACATED and REMANDED

.
[Federal Register Volume 74, Number 205 (Monday, October 26, 2009)]
[Notices]
[Page 54962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25511]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


U.S. Coral Reef Task Force Public Meeting and Public Comment

AGENCY: National Ocean Service (NOAA), Department of Commerce.

ACTION: Notice of public meeting; Notice of public comment.

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

SUMMARY: Notice is hereby given of a public meeting of the U.S. Coral 
Reef Task Force. The meeting will be held in San Juan, Puerto Rico. 
This meeting, the 22nd biannual meeting of the U.S. Coral Reef Task 
Force, provides a forum for coordinated planning and action among 
Federal agencies, State and territorial governments, and 
nongovernmental partners. Please register in advance by visiting the 
Web site listed below. This meeting has time allotted for public 
comment. All public comment must be submitted in written format. A 
written summary of the meeting will be posted on the Web site within 
two months of its occurrence.

DATES: The meeting will be held Monday, November 2, on Tuesday, 
November 3, and Thursday, November 5, 2009. Workshops will be held in 
advance of the meeting on Friday, October 30, and Saturday, October 31. 
Registration is requested for all events associated with the meetings. 
Advance public comments can be submitted to the e-mail, fax, or mailing 
address listed below from Friday, October 2-Friday, October 16.
    Location: The meeting will be held at the Caribe Hilton, 1 San 
Geronimo Street, San Juan, Puerto Rico 00901.

FOR FURTHER INFORMATION CONTACT: Steven Thur, NOAA U.S. Coral Reef Task 
Force Steering Committee Point of Contact, Coral Reef Conservation 
Program, 1305 East-West Highway, Silver Spring, Maryland 20910 (Phone: 
301-713-3155, ext. 147, Fax: 301-713-4389, e-mail: Steve.Thur 
(noaa.gov, Sarah Bobbe, U.S. Coral Reef Task Force Department of the 
Interior liaison, 1849 C Street, NW., Room 5013, Washington, DC 20240 
(Phone: 202-208-1378, e-mail: Sarah Bobbeios.doi.gov), or visit the 
U.S. Coral Reef Task Force Web site at http://www.coralreef.gov).

SUPPLEMENTARY INFORMATION: Established by Presidential Executive Order 
13089 in 1998, the U.S. Coral Reef Task Force mission is to lead, 
coordinate, and strengthen U.S. government actions to better preserve 
and protect coral reef ecosystems. Co-chaired by the Departments of 
Commerce and Interior, Task Force members include leaders of 12 Federal 
agencies, seven U.S. States and territories, and three freely 
associated States. For more information about the meeting, registering, 
and submitting public comment go to http://www.coralreefgov.

    Dated: October 19, 2009.
Donna Rivelli,
Deputy Associate Assistant Administrator for Management and CFO/CAO, 
Ocean Services and Coastal Zone Management.
[FR Doc. E9-25511 Filed 10-23-09; 8:45 am]
BILLING CODE 3510-08-M
No. —, original.

#### DeWolfe v. California.

March 2, 1942.

314 U. S. 586.
##### 



Exhibit 32.1
 
 Written Statement of Chairman and Chief Executive Officer
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)
  (a)
    
    the Quarterly Report on Form 10-Q of the Company for the Quarter Ended
September 30, 2007 filed on the date hereof with the Securities and Exchange Commission
(the Report) fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and(b)
    
    information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.
 /s/ David W. ThompsonDavid W. Thompson
Chairman and Chief Executive Officer
October 26, 2007
  37
##### 



EXHIBIT 32.2
 CERTIFICATION
OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION
1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended, and2.
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Registrant.
 /s/ Richard P. LindsayRichard P. LindsayVice President, Chief FinancialOfficer, Secretary and Treasurer(Principal Financial Officer)November 8, 2007
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2637 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2637

   To suspend temporarily the duty on certain plastic base material 
                      spotlights and nightlights.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2009

Mr. Schumer (for himself and Mrs. Gillibrand) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on certain plastic base material 
                      spotlights and nightlights.

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

SECTION 1. CERTAIN PLASTIC BASE MATERIAL SPOTLIGHTS AND NIGHTLIGHTS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00      Spotlights (other   Free         No change        No change        On or before 12/  ''.
                        than hand-held),                                                   31/2011.......
                        of plastics,
                        suitable for use
                        as theatrical
                        lighting and
                        designed to be
                        affixed to walls,
                        ceilings or
                        supporting stands
                        or beams;
                        nightlights with
                        manual on/off
                        switch; or
                        automatic
                        rotating, light-
                        emitting diode
                        (LED), light-
                        directing LED or
                        motion-activated
                        night lights, all
                        the foregoing of
                        plastics(provided
                        for in subheading
                        9405.40.80)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
Exhibit 23.2

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We have issued our reports dated March 2, 2009, with respect to the consolidated financial statements and internal control over
financial reporting in the Annual Report of Warren Resources, Inc. on Form 10-K for the year ended December 31, 2008. We hereby consent to the incorporation by
reference of said reports in the Registration Statements of Warren Resources, Inc. on Form S-3 (File No. 333-130109, effective December 2, 2005) and
on Form S-8 (File No. 333-125277, effective May 26, 2005).

/s/ GRANT THORNTON LLP


Oklahoma
City, Oklahoma
March 2, 2009

---



QuickLinks
Exhibit   99.2

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


In connection with the Quarterly Report of Westford Technology Ventures,  L.P.
(the  "Partnership")  on Form 10-Q for the quarterly period ended March 31, 2003
as filed with the  Securities  and Exchange  Commission  on the date hereof (the
"Report"),  I, Jeffrey T. Hamilton,  Chief Financial Officer of the Partnership,
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
Partnership.




Jeffrey T. Hamilton
President, Hamilton Capital Management, Inc.

May 15, 2003
**U.S. Fish and Wildlife Service**

**Elements of a Good News Release**

**Key Elements of a Good News Release**

• Newsworthiness: Consider what you have to share and judge its newsworthiness.

• Audience: Consider who will be reading your news release and what their specific interests are.

• A good lead: The lead is the first paragraph and shapes your story. Provide enough information to make them want to read more. If it isn’t well written, it may be the only paragraph the media reads before moving on.

• Good writing: Smaller publications have less staff to write or rewrite material. If your news release is well written, it may be printed with little to no editing. If it requires great effort to rescue, it will most likely go in the trash.

• Photos/video: If you have them, share them! People are more engaged when images or video accompany a story.

**The Bare Bones of a News Release**

A well-written news release follows the inverted pyramid model. Following this model allows you to provide a clear structure when writing a news release that journalists can easily and quickly read. The model helps you provide a big picture perspective first, then helps you work your way down to providing some of the smaller, minute details that support your big picture perspective.

The inverted pyramid follows this approach:

• Headline: Keep it simple and straight forward. Try to use your agency name in the headline, if appropriate.

• Introductory paragraph: This should contain the key information you wish to share, answering the five W’s (who, what, when, where, and why). Ideally, the five W’s will be provided within the first sentence, or two sentences, max.

• Subsequent paragraph: The next paragraph should contain additional information that supports the introduction, expanding on the information already provided.

• Optional quote: The third paragraph is a good spot to put a quote in from an agency lead. Remember, never back into a quote! Each quote should be its own paragraph. Do not include anything else in the paragraph except for the quote and attribution. 

For example:

» Right: “California is increasingly at risk of wildfire,” stated Ichabod Smith, Planet Earth Fire Director. “The tragic loss of lives and property this past year makes the situation clear.”

» Wrong: Planet Earth Fire reports California is one of the most wildfire vulnerable states in the country. “California is increasingly at risk of wildfire,” stated Ichabod Smith, Planet Earth Fire Director. “The tragic loss of lives and property this past year makes the situation clear.” This year, California experienced three million structure losses due to wildfire.

• Conclusion: By the fourth or fifth paragraph, you should be providing information that was omitted earlier or even a summary of what appeared earlier. You can also add in additional contact information here, such as a website.

**A few things to remember:**

• Your news release should be limited to one page!

• Don’t forget to put your contact information at the top of the page, along with the date of release.

• Always make sure your spelling and grammar are correct! 

• KISS – Keep It Simple Stupid

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[Federal Register Volume 74, Number 101 (Thursday, May 28, 2009)]
[Notices]
[Page 25498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12592]


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

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meetings

AGENCY HOLDING THE MEETING:  Commodity Futures Trading Commission.

TIME AND DATE:  2 p.m., June 17, 2009.

PLACE:  1155 21st St., NW., Washington, DC, 9th Floor Commission 
Conference Room.

STATUS:  Closed.

MATTERS TO BE CONSIDERED:  Enforcement Matters.

CONTACT PERSON FOR MORE INFORMATION:  Sauntia S. Warfield, 202-418-
5084.

Sauntia S. Warfield,
Assistant Secretary of the Commission.
[FR Doc. E9-12592 Filed 5-26-09; 4:15 pm]
BILLING CODE 6351-01-P