alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Mariyam AKMAL, Plaintiff-Appellant, v. CENTERSTANCE INC.; et al., Defendants-Appellees.

No. 11-35769.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 19, 2012.*

Filed Jan. 3, 2013.

Mariyam Akmal, Kent, WA, pro se.

Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

*

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

MEMORANDUM **

Mariyam Akmal appeals pro se from the district court’s order denying her motion for appointment of counsel in her employment discrimination action brought under 42 U.S.C. § 1981. We dismiss this appeal for lack of jurisdiction.

The district court construed Akmal’s request for counsel under both Title VII’s appointment provision, 42 U.S.C. § 2000e-5(f)(1), and the provision generally applicable to indigent civil litigants, 28 U.S.C. § 1915(e). However, because Akmal has consistently and expressly stated that her claims are brought under § 1981, and not Title VII, only § 1915(e) is properly at issue. Accordingly, we lack jurisdiction because the district court’s denial of Ak-mal’s request for counsel is not immediately appealable. *See Kuster v. Block,*773 F.2d 1048, 1049 (9th Cir.1985); *see also Wilbom v. Escalderon,*789 F.2d 1328, 1330 & n. 2 (9th Cir.1986) (recognizing that while orders denying appointment of counsel under Title VII may be immediately appealed, denials of counsel under § 1915 may not).

We similarly lack jurisdiction to review the district court’s order regarding pretrial discovery deadlines. *See Nascimento v. Dummer,*508 F.3d 905, 909 (9th Cir. *5392007) (“Discovery orders, such as an order not to extend the time for discovery, are interlocutory and thus not usually subject to immediate appeal.”).

DISMISSED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
1 Pursuant to 5 TH C IR

. R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-40458 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LAWRENCE EDWARD FUGATE,

Defendant-Appellant.

-------------------- Appeal from the United States District Court
for the Southern District of Texas

USDC No. C-00-CR-396-1

-------------------- April 5, 2002

Before DUHÉ, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM: 1

Lawrence Edward Fugate appeals his jury conviction for

possession with intent to distribute 605 ki lograms of marijuana.

He co n tends that he was denied a fair trial because of the

prosecutor’s misconduct in suggesting to the jury during its

questioning of Fugate t hat he bore responsibility for presenting

certain witnesses and in making certain remarks during closing

argument.

Even if the prosecutor’s questioning was improper, Fugate has

not shown that the questions deprived h im of a fair trial as the2

prejudicial effect, if any, of the questions was small, the

district court stopped the questioning quickly and instructed the

jury as to the proper burden of proof, and there was sufficient

evi dence for the jury to find that Fugate was not an unwitting

driver. S ee United State s v. Anchondo-Sandoval , 910 F.2d 1234,

1237 (5th Cir. 1990); United States v. Andrews

, 22 F.3d 1328, 1344

(5th Cir. 1994).

Nor was there any plain error in the prosecutor’s closing

argument because the dist rict court’s charges to the jury helped

mitigate any prejudicial effect of the prosecutor’s remarks and the

Government put on ample evidence of Fugate’s guilt. S ee United

States v. Washington

, 44 F.3d 1271, 1279 (5th Cir. 1995); United

States v. Gallardo-Trapero

, 185 F.3d 307, 321 (5th Cir. 1999).

Consequently, the conviction is AFFIRMED.
DISMISS; and Opinion Filed February 5, 2018.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-18-00015-CV

IN THE INTEREST OF A.G. AND V.G., CHILDREN

On Appeal from the 469th Judicial District Court

Collin County, Texas

Trial Court Cause No. 469-52594-2016

MEMORANDUM OPINION

Before Justice Bridges, Myers, and Schenck

Opinion by Justice Schenck

Before the Court is appellant’s motion to extend time to file the notice of appeal. Generally, 

a notice of appeal is due within thirty days after the judgment is signed. See TEX. R. APP. P. 26.1. 

However, if a timely motion for new trial is filed, the notice of appeal is due within ninety days of 

the date the judgment is signed. Id. 26.1(a). The deadline may be extended if the notice of appeal 

is filed within fifteen days of the date it was due and an extension motion providing a reasonable 

explanation for the delay is filed. See id. 10.5(b), 26.3. Without a timely filed notice of appeal, an 

appellate court lacks jurisdiction. See TEX. R. APP. P. 25.1(b). 

Here, appellant challenges the trial court’s final decree of divorce signed on September 8, 

2017. The record before us reflects appellant timely filed a motion for new trial on October 6, 

2017. See TEX. R. CIV. P. 329b(a). Because the motion for new trial was timely, the notice of 

appeal was due on December 7, 2017 or, with an extension motion, on December 22, 2017. See 
–2–

TEX. R. APP. P. 26.1(a), 26.3. Appellant, however, did not file his notice of appeal until January 

4, 2018.

Because appellant did not timely file his notice of appeal, we deny the motion to extend 

time to file the notice of appeal and dismiss the appeal for want of jurisdiction. See TEX. R. APP. 

P. 42.3(a).

180015F.P05

/David J. Schenck/

DAVID J. SCHENCK

JUSTICE
–3–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

IN THE INTEREST OF A.G. AND V.G., 

CHILDREN 

No. 05-18-00015-CV

On Appeal from the 469th Judicial District 

Court, Collin County, Texas

Trial Court Cause No. 469-52594-2016.

Opinion delivered by Justice Schenck. 

Justices Bridges and Myers participating.

In accordance with this Court’s opinion of this date, we DISMISS this appeal.

It is ORDERED that appellee Jamie McDonald recover her costs of this appeal, if any, 

from appellant David Grantham.

Judgment entered this 5th day of February, 2018.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          16,025
<SECURITIES>                                         0
<RECEIVABLES>                                      695
<ALLOWANCES>                                         0
<INVENTORY>                                        316
<CURRENT-ASSETS>                                19,425
<PP&E>                                          65,609
<DEPRECIATION>                                   7,108
<TOTAL-ASSETS>                                 148,006
<CURRENT-LIABILITIES>                           22,286
<BONDS>                                      7,000,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,448
<OTHER-SE>                                      79,155
<TOTAL-LIABILITY-AND-EQUITY>                   148,006
<SALES>                                         37,811
<TOTAL-REVENUES>                                38,488
<CGS>                                           34,635
<TOTAL-COSTS>                                   66,287
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 534
<INCOME-PRETAX>                               (14,206)
<INCOME-TAX>                                     1,147
<INCOME-CONTINUING>                           (15,353)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (15,353)
<EPS-BASIC>                                     (1.49)
<EPS-DILUTED>                                   (1.49)


</TABLE>
EXHIBIT 21


                                  SUBSIDIARIES


                                     Jurisdiction of           Percentage Owned
Subsidiaries                          Incorporation              By Registrant
------------                         ---------------           ----------------
DCA Medical Services, Inc.             Florida                       100%
DCA of Adel, LLC                       Georgia                       100%
DCA of Central Valdosta, LLC           Georgia                       100%
DCA of Fitzgerald, LLC                 Georgia                       100%
DCA of Hawkinsville, LLC (1)           Georgia                       100%
DCA of So. Ga., LLC                    Georgia                       100%
DCA of Royston, LLC                    Georgia                       100%
DCA of Chevy Chase, LLC                Maryland                       80%
DCA of Rockville, LLC                  Maryland                      100%
DCA of Manahawkin, Inc.                New Jersey                     80%
DCA of Vineland, LLC                   New Jersey                     51%
DCA of Cincinnati, LLC                 Ohio                           60%
DCA of Carlisle, Inc.                  Pennsylvania                   80%
DCA of Chambersburg, Inc.              Pennsylvania                   80%
DCA of Lemoyne, Inc.                   Pennsylvania                  100%
DCA of Mechanicsburg, LLC              Pennsylvania                  100%
DCA of Pottstown, LLC                  Pennsylvania                   80%
DCA of Wellsboro, Inc.                 Pennsylvania                  100%
DCA of Warsaw, LLC                     Virginia                      100%
DCA of Aiken, LLC                      South Carolina                100%

(1) Inactive subsidiary
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule  contains  summary  financial data extracted from the consolidated
balance sheet and the  consolidated  statement of operations and is qualified in
its entirety by reference to such statements.
</LEGEND>
       
<S>                                            <C>
<PERIOD-TYPE>                                  year
<FISCAL-YEAR-END>                              Jan-25-1998
<PERIOD-END>                                   Jan-25-1998
<CASH>                                         1,136,063
<SECURITIES>                                   0
<RECEIVABLES>                                  66,228
<ALLOWANCES>                                   0
<INVENTORY>                                    1,039,203
<CURRENT-ASSETS>                               2,833,482
<PP&E>                                         18,591,633
<DEPRECIATION>                                 7,234,384
<TOTAL-ASSETS>                                 16,804,832
<CURRENT-LIABILITIES>                          2,368,387
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       44,883
<OTHER-SE>                                     13,089,842
<TOTAL-LIABILITY-AND-EQUITY>                   16,804,832
<SALES>                                        18,097,100
<TOTAL-REVENUES>                               18,097,100
<CGS>                                          5,943,083
<TOTAL-COSTS>                                  12,224,487
<OTHER-EXPENSES>                               (149,399)
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             115,181
<INCOME-PRETAX>                                (36,252)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (36,252)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (36,252)
<EPS-PRIMARY>                                  (0.01)
<EPS-DILUTED>                                  (0.01)
        


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

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S BALANCE SHEET, STATEMENT OF INCOME AND STATEMENT OF CASHFLOW AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                               22,681,448
<ALLOWANCES>                                 1,040,000
<INVENTORY>                                  3,551,239
<CURRENT-ASSETS>                            28,772,841
<PP&E>                                     176,744,158
<DEPRECIATION>                              88,288,679
<TOTAL-ASSETS>                             162,034,650
<CURRENT-LIABILITIES>                       14,853,153
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  5,738,648
<COMMON>                                       160,285
<OTHER-SE>                                (38,037,914)
<TOTAL-LIABILITY-AND-EQUITY>               162,034,650
<SALES>                                      5,315,920
<TOTAL-REVENUES>                            45,406,895
<CGS>                                        4,059,025
<TOTAL-COSTS>                               22,960,492
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               501,301
<INTEREST-EXPENSE>                           8,578,747
<INCOME-PRETAX>                            (1,063,123)
<INCOME-TAX>                               (1,297,000)
<INCOME-CONTINUING>                            233,877
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   233,877
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0


</TABLE>
EXHIBIT 31.2



CERTIFICATION OF EXECUTIVE VICE PRESIDENT AND SECRETARY PURSUANT TO RULE

13(a)-14(a)/15d-14(a) OF THE SECURITIES EXCHANGE ACT OF 1934, AS ADOPTED

PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Edward A. Machulak, certify that:



1.   I have reviewed this annual report on Form 10-K of Commerce Group

Corp.;



2.   Based on my knowledge, this report does not contain any untrue

statement of a material fact or omit to state a material fact

necessary to make the statements made, in light of the circumstances

under which such statements were made, not misleading with respect

to the period covered by this report;



3.   Based on my knowledge, the financial statements, and other financial

information included in this report, fairly present in all material

respects the financial condition, results of operations and cash

flows of the registrant as of, and for, the period presented in this

report;



4.   The registrant's other certifying officer(s) and I are responsible

for establishing and maintaining disclosure controls and procedures

(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the

registrant and internal control over financial reporting (as defined

in Exchange Act Rules 13a-15(f) and 15d-15(f) for the registrant and

have:



a)  Designed such disclosure controls and procedures, or caused such

disclosure controls and procedures to be designed under our

supervision, to ensure that material information relating to the

registrant, including its consolidated subsidiaries, is made

known to us by others within those entities, particularly during

the period in which this report is being prepared;



b)  Evaluated the effectiveness of the registrant's disclosure

controls and procedures and presented in this report our

conclusions about the effectiveness of the disclosure controls

and procedures, as of the end of the period covered by this

report based on such evaluation;



c)  Disclosed in this report any change in the registrant's internal

control over financial reporting that occurred during the

registrant's fourth quarter that has materially affected, or is

reasonably likely to materially affect, the registrant's

internal control over financial reporting; and



5.   The registrant's other certifying officer(s) and I have disclosed,

based on our most recent evaluation of internal control over

financial reporting, to the registrant's auditors and the audit

committee of the registrant's board of directors (or persons

performing the equivalent functions):



a)  All significant deficiencies and material weaknesses in the

design or operation of internal control over financial reporting

which are reasonably likely to adversely affect the registrant's

ability to record, process, summarize and report financial

information; and



b)  Any fraud, whether or not material, that involves management or

other employees who have a significant role in the registrant's

internal control over financial reporting.



Date:  June 27, 2007                /s/ Edward A. Machulak

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

Edward A. Machulak

Executive Vice President,

and Secretary
Unassociated Document


    AMENDMENT
NO. 1

    TO

    DEFERRED
COMPENSATION AGREEMENT

    


    AMENDMENT
made as of March 20, 2003, to Deferred Compensation Agreement made as of
February 2, 2000 (the "Agreement"), by and between Harris & Harris Group,
Inc., a corporation organized under the laws of the State of New York (the
"Company"), and Charles E. Harris (the "Executive").

    


    WHEREAS
Charles E. Harris has offered for the benefit of the Company in connection with
its establishment of the Harris & Harris Group, Inc. Executive Mandatory
Retirement Benefit Plan (the "Plan") to waive certain benefit
rights;

    


    NOW,
THEREFORE, the parties hereto agree as follows:

    


    
      	
               
      

            	
              1.

            	
              Section
      7 of the Agreement is hereby amended to read in its entirety as
      follows:

            


    

    


    "Section 7. Effect on Other
Benefits.

    "Any
deferred compensation payable under this Agreement shall not be deemed salary or
other compensation to the Executive for the purpose of computing benefits to
which he may be entitled under any pension plan or other arrangement of the
Company for the benefit of its employees, except under the Harris & Harris
Group, Inc. Executive Mandatory Retirement Benefit Plan."

    


    IN
WITNESS WHEREOF, the Company has caused this Amendment No. 1 to the Agreement to
be executed by its duly authorized officer and the Executive has executed this
Amendment No. 1 to the Agreement as of the date first above
written.

     

    
      
        
          
            	 	HARRIS
      & HARRIS GROUP, INC.	 
	 	 	 	 
	
                     

                  	
                    By

                  	/s/ Mel
      P. Melsheimer	 
	 	 	Mel
      P. Melsheimer, President	 
	 	 	 	 
	 	      
                    By

                  	/s/
      Charles E. Harris	 
	 	 	Charles
      E. Harris
----

----

----

----

----

| If to Employer: Oxis International, Inc.468 N. Camden Drive, 2nd FloorBeverly Hills, California  90210Facsimile: (310) 551-4021E-mail:  tcataldo@oxis.comAttention:                  CEO |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| If to Employee: _______________________________________________________________________________________ Facsimile:E-mail:                                                                                                                                                                    |

----

----

|   | “EMPLOYER” Oxis International, Inc.  By: /s/ Anthony J. Cataldo                                                              Anthony J. CataldoCEO |
|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | “EMPLOYEE”  /s/ Michael Handelman                                                               Michael Handelman                                  |

----

----

----

| Dated:               ___________________, 20__ |  Michael Handelman |
|---------------------------------------------------------------------------------------------------------------------------|-------------------------|

----