alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jose Eleazar BAZUA-COTA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 06-70717.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 18, 2006.

Filed Oct. 3, 2006.

*748Alejandro Garcia, City of Commerce, CA, for petitioner Jose Eleazar Bazua-Cota.

John Hogan, Office of Immigration Litigation, United States Department of Justice, Washington, DC, for the respondent.

Before DIARMUID F. O’SCANNLAIN, SUSAN P. GRABER and RICHARD R. CLIFTON, Circuit Judges.

ORDER

PER CURIAM.

Jose Eleazar Bazua-Cota, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) final order of removal. We hold that we lack jurisdiction to review the BIA’s discretionary denial of adjustment of status, and we dismiss the petition.

On April 26, 2000, the former Immigration and Naturalization Service issued a Notice to Appear, alleging that Petitioner was subject to removal under Section 237(a)(1)(C)® of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1227(a)(1)(C)®. Petitioner admitted all factual allegations and conceded he was removable as charged. The immigration judge (“LJ”) denied his applications for adjustment of status and voluntary departure, as a matter of discretion, and ordered him removed to Mexico. The BIA affirmed the Id’s decision without opinion.

In this petition for review, Petitioner seeks review of the denial of his application for adjustment of status under 8 U.S.C. § 1255.1 However, the decision to deny Petitioner’s application for adjustment of status is a discretionary determination, and is therefore unreviewable. *See*8 U.S.C. § 1252(a)(2)(B)®.

This court retains jurisdiction over petitions for review that raise colorable constitutional claims or questions of law. *See*8 U.S.C. § 1252(a)(2)(D); *Ramirez-*
      *749
      *Perez v. Ashcroft,*336 F.3d 1001 (9th Cir. 2003); *Torres-Aguilar v. INS,*246 F.3d 1267, 1271 (9th Cir.2001). In an attempt to invoke our jurisdiction over this petition for review, Petitioner contends that the BIA and IJ violated his right to due process by failing to properly weigh the equities and hardship before denying his application for adjustment of status. This argument is an abuse of discretion challenge re-characterized as an alleged due process violation. This court has previously held that abuse of discretion challenges to discretionary decisions, even if recast as due process claims, do not constitute colorable constitutional claims. *See Torres-Aguilar v. INS,*246 F.3d at 1271. Accordingly, we grant respondent’s motion to dismiss this petition for review for lack of jurisdiction.

All other pending motions are denied as moot. The temporary stay of removal confirmed by Ninth Circuit General Order 6.4(c) shall continue until issuance of the mandate.

DISMISSED.

. Petitioner does not challenge the discretionary denial of voluntary departure, nor could he, because we would lack jurisdiction over such a challenge. *See*8 U.S.C. §§ 1252(a)(2)(B)(i) and 1229c(f); *Tovar-Landin v. Ashcroft,*361 F.3d 1164, 1166 (9th Cir.2004).
### THE THIRTEENTH COURT OF APPEALS

13

- 19

- 00037

- CV
Eloy Gomez v. Rey Eduardo Esquivel
On Appeal from the 357th District Court of Cameron County , Texas Trial Court Cause No. 2018

- DCL

- 6418

- E

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered th is cau se on appeal, concludes that the judgment of the trial court should be affirmed

. The Court orders the judgment of the trial court AFFIRMED

. Costs of the appeal are adjudged against appellant. We further order this decision c ertified below for observ ance. March 1 9 , 2020
#### Arthur R. MACKEIL, Claimant-Appellee, v. Gordon H. MANSFIELD, Acting Secretary of Veterans Affairs, Respondent-Appellant.

No. 2007-7158.

United States Court of Appeals, Federal Circuit.

Dec. 10, 2007.

Before RADER, SCHALL, and PROST, Circuit Judges.

*ORDER*

SCHALL, Circuit Judge.

The Acting Secretary of Veterans Affairs moves without opposition to vacate the judgment of the United States Court of Appeals for Veterans Claims and remand this appeal.

Arthur R. MacKeil appealed to the Court of Appeals for Veterans Claims from a June 20, 2005 decision of the Board of Veterans’ Appeals that, inter alia, determined MacKeil had received adequate notification of the evidence or information necessary to substantiate his claim as required by 88 U.S.C. § 5103(a). The Court of Appeals for Veterans Claims determined that the Board’s decision failed to address whether MacKeil’s expressed confusion regarding what evidence or information was necessary to substantiate his claim rendered the notification inadequate. The court vacated and remanded without first considering whether such error was prejudicial. The Secretary appealed, seeking review by this court.

On October 4, 2007, the court issued its decision in *Mlechick v. Mansfield,*503 F.3d 1340, (Fed.Cir.2007). *Mlechick*held that the Court of Appeals for Veterans Claims cannot refuse to consider the rule of prejudicial error when assessing whether the Secretary has satisfied his section 5103(a) notification requirements. *Id.*at 1345-46. Rather, in cases such as this, where the Secretary has attempted to show the notice error was nonprejudicial, the court should “determine if any differences between the notice given and the notice required by [section 5103(a) ] ‘affected the fundamental fairness of the adjudication’ being mindful that the burden is on [the Secretary] to make such a showing.” *Id.*(citation omitted).

Accordingly,

IT IS ORDERED THAT:

(1) The Acting Secretary’s motion is granted.

(2) Each side shall bear its own costs.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

M.E.B.,

Respondent

v.

J.D.J.,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 393 MAL 2016

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 19th day of July, 2016, the Petition for Allow ance of Appeal is

DENIED

.
```

[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Notices]
[Page 42563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19077]

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

NATIONAL SCIENCE FOUNDATION

Advisory Committee for Education and Human Resources; Notice of 
Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation (NSF) announces the 
following meeting:
    Name and Committee Code: Advisory Committee for Education and Human 
Resources (#1119)--Report of the Building Capacity at Hispanic Serving 
Institutions (Subcommittee of the Advisory Committee).
    Date and Time: September 29, 2017; 1:00 p.m.-2:00 p.m. (EST).
    Place: National Science Foundation, 2415 Eisenhower Avenue, 
Alexandria, VA 22314.
    Operated assisted teleconference is available for this meeting. 
Call 888-677-2612 with password EHRAC and you will be connected to the 
audio portion of the meeting.
    Meeting materials and minutes will also be available on the EHR 
Advisory Committee Web site at http://www.nsf.gov/ehr/advisory.jsp.
    Type of Meeting: Open, Teleconference.
    Contact Person: Susan Brennan, National Science Foundation, 2415 
Eisenhower Avenue, Suite C11000, Alexandria, VA 22314; (703) 292-5096 
([email protected]).
    Purpose of Meeting: To provide advice with respect to the 
Foundation's science, technology, engineering, and mathematics (STEM) 
education and human resources programming.

Agenda

Friday, September 29, 2017; 1:00 p.m.-2:00 p.m. (EST)

Welcoming Remarks
    Francisco Rodriguez, EHR Advisory Committee Chair
    Jim Lewis, Acting Assistant Director for Education and Human 
Resources
Introduction of the Report
    Francisco Rodriguez, EHR Advisory Committee Member and Chair of the 
Subcommittee
Advisory Committee Deliberation
    Francisco Rodriguez, EHR Advisory Committee Chair
Advisory Committee Report Disposition
    Francisco Rodriguez, EHR Advisory Committee Chair
Concluding Comments
    Jim Lewis, Acting Assistant Director for Education and Human 
Resources
    Francisco Rodriguez, EHR Advisory Committee Chair

    Dated: September 5, 2017.
Crystal Robinson,
Committee Management Officer.
[FR Doc. 2017-19077 Filed 9-7-17; 8:45 am]
 BILLING CODE 7555-01-P
```
<PAGE>   1
                                                                    EXHIBIT 11.1


                        AWARD SOFTWARE INTERNATIONAL INC.
                     COMPUTATION OF NET INCOME PER SHARE (1)
                     (In thousands except per share amount)
                                   (Unaudited)


<TABLE>
<CAPTION>
                                                             Three Months Ended         Nine Months Ended
                                                                September 30,             September 30,
                                                            -------------------       -------------------
                                                             1996         1995         1996         1995
                                                            ------       ------       ------       ------

<S>                                                         <C>          <C>          <C>          <C>   
Net income                                                  $  608       $  220       $1,711       $  601
                                                            ------       ------       ------       ------

Weighted average common and
   common equivalent shares:
      Common stock                                           3,092        3,420        3,092        3,701

      Common stock equivalents from
      stock options/warrants using
      the treasury stock method                                444          477          464          391

      Shares of common stock issued
      and options and warrants granted
      in accordance with SAB No.83                           2,503        2,503        2,503        2,503
                                                            ------       ------       ------       ------

Weighted average common and
   common equivalent shares                                  6,039        6,400        6,059        6,595
                                                            ------       ------       ------       ------

Net income per share                                        $ 0.10       $ 0.03       $ 0.28       $ 0.09
                                                            ======       ======       ======       ======
</TABLE>


(1)  Net income per share is computed using the weighted average number of
     common and common equivalent shares, when dilutive, from stock options and
     warrants (using the treasury stock method). Pursuant to a Securities and
     Exchange Commission Staff Accounting Bulletin, common and common equivalent
     shares (using the treasury stock method and the public offering price)
     issued by the Company within 12 months prior to the Company's initial
     public offering filing and through the effective date of such filing have
     been included in the calculation as if they were outstanding for all
     periods presented.
ex10-3.htm


EX 10.3




December 29, 2011







[Name]


[Address]












Re:           Exercise of Warrants dated February 9, 2010







Dear ________________________:







We are contacting you as a holder of warrants to purchase common stock, $0.01 par value per share (“Common Stock”), of Echo Therapeutics, Inc. (“Echo”) at an exercise price per share of $2.25 (each, a “Warrant”).







The purpose of this letter is to inform you that, if you elect to exercise all or any portion of your Warrant for cash during the period beginning on the date of this letter and ending on December 30, 2011 at 5:00 p.m. EDT (the “Election Period”), then, in consideration for such voluntary exercise, Echo will amend that number of Warrants you exercise for cash (each, an “Amended Warrant”) such that the exercise price of each Amended Warrant will be $0.70 per share.







If you wish to exercise all or any portion of your Warrants for cash during the Election Period and receive the corresponding reduction in the exercise price of such Warrants, please sign below and return (1) a copy of this letter and (2) a completed Exercise Notice for your Warrants (found at the end of each Warrant) to Kimberly Burke, Echo’s General Counsel, via email at kburke@echotx.com no later than 5:00 p.m. EDT on Friday, December 30, 2011 at 5:00 p.m. EDT.  A wire for the aggregate amount of the exercise price also must be received
by 5:00 p.m. EDT on Friday, December 30, 2011. 







If you have any questions, please contact Ms. Burke by email at kburke@echotx.com.







Regards,







/s/  Patrick T. Mooney







Patrick T. Mooney


Chief Executive Officer and President












Acknowledged and agreed to this ___ day of December, 2011:












Name of Warrant Holder: _____________________________________________







Signature: __________________________________________________________







Print name of signatory: _______________________________________________







No. of Warrants to be exercised: _________________________________________

















Echo Therapeutics, Inc.    8 Penn Center    1628 JFK Boulevard, Suite 300    Philadelphia, PA 19103    p: 215.717.4100    f: 215.717.4109
EX-31
Rule 13a-14(d)/15d-14(d) Certifications.



I,
Scott Epperson, certify that:



1.
I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by
this report on Form 10-K of the GS Mortgage Securities Trust 2013-GC13 (the “Exchange Act periodic reports”);



2.
Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the
period covered by this report is included in the Exchange Act periodic reports;



4.
Based on my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except
as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreements
in all material respects; and



5.
All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation
reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report
in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this
report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been
disclosed in this report on Form 10-K.



In
giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties:



Wells
Fargo Bank, National Association, as Master Servicer, LNR Partners, LLC, as Special Servicer, U.S. Bank Trust Company, National Association, as Trustee,
U.S. Bank Trust Company, National Association, as Certificate Administrator, U.S. Bank National Association, as Custodian, Trimont, LLC (f/k/a Trimont Real Estate Advisors, Inc.),
as Operating Advisor, prior to March 31, 2023, BellOak, LLC, as Operating Advisor on and after March 31, 2023, and
CoreLogic Solutions, LLC, as Servicing Function Participant.



| | Dated:
    March 27, 2024                                         | 
| | ----------------------------------------------------------------- | 
| |                                                                   | 
| | /s/
    Scott Epperson                                            | 
| | Scott Epperson                                                    | 
| | Chief
    Executive Officer                                       | 
| | (senior
    officer in charge of securitization of the depositor) |
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21

- 1211

In re: ERIC C. FEDEWA , Debtor

.

----------------------------------- ERIC C. FEDEWA , Debtor

– Appellant , and

RITIKA FEDEWA , Plaintiff

– Appellant , v. JPMORGAN CHASE BANK, N.A.; VEMANAS INVESTMENTS; SV PROPERTIES, LLC , Creditors

– Appellees , and SAMUEL I. WHITE, P.C.

Trustee

– Appellee

.
Appeal from the United States District Court for the Eastern District , at Alexandria

. Leonie M. Brinkema , District Judge. ( 1:20

- cv - 00446

- LMB

- MSN )

Submitted : March 2 9 , 2022 Decided: March 31, 20222 Before HARRIS and HEYTENS , Circuit Judges. *

Affirmed by un published per curiam opinion

.

ON BRIEF: Henry W. McLaughlin, III, LAW OFFICE OF HENRY MCLAUGHLIN, P.C., Richmond, Virginia, for Appellants. Dylan G. Trache, Donald R. Pocock, NELSON MULLINS RILEY & SCARBOROUGH LLP, Washington, D.C.; James Milton Stewart, Jr., Fairfax, Virginia; Ronald J. Guillot, Jr., SAMUEL I. WHITE, P.C., Virginia Beach, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

* The opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d)

.3 PER CURI A M: Eric C. Fedewa and Ritika Fedewa appeal from the district court’s order affirming the bankruptcy court’s orders dismissing their complaint, which had been removed from state court, and denying their motion f or reconsideration. We have reviewed t he record submitted on appeal and the arguments of the parties and conclude that the bankruptcy court appropriately dismissed the complaint. See In re Varat Enters. Inc. , 81 F.3d 1310, 1315 (4th Cir. 1996) (describin g requirements for res judicata). A ccordingly, we affirm
the district court ’s order affirming the bankruptcy court’s dismissal of the Fedewas’ complaint and denial of their motion for reconsideration of that order. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRM ED
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF DAISYTEK INTERNATIONAL CORPORATION AND SUBSIDIARIES FOR
SIX MONTHS ENDED SEPTEMBER 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-END>                               SEP-30-1999
<CASH>                                           2,590
<SECURITIES>                                         0
<RECEIVABLES>                                  156,749
<ALLOWANCES>                                     6,949
<INVENTORY>                                    120,867
<CURRENT-ASSETS>                               281,112
<PP&E>                                          47,029
<DEPRECIATION>                                  23,515
<TOTAL-ASSETS>                                 347,638
<CURRENT-LIABILITIES>                          114,100
<BONDS>                                         71,103
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           172
<OTHER-SE>                                     162,263
<TOTAL-LIABILITY-AND-EQUITY>                   347,638
<SALES>                                        479,926
<TOTAL-REVENUES>                               479,926
<CGS>                                          426,733
<TOTAL-COSTS>                                  426,733
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 5,354
<INTEREST-EXPENSE>                               1,020
<INCOME-PRETAX>                                  8,418
<INCOME-TAX>                                     3,283
<INCOME-CONTINUING>                              5,135
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,135
<EPS-BASIC>                                       0.30
<EPS-DILUTED>                                     0.29


</TABLE>
<PAGE>





                                  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 Croghan Bancshares, Inc. (the
"Corporation") on Form 10-Q for the period ended March 31, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Allan E. Mehlow, Treasurer of the Corporation, 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
     Corporation.






Date:      April 25, 2003                     /s/ Allan E. Mehlow *
                                              ---------------------------------
                                              Allan E. Mehlow, Treasurer





* A signed original of this written statement required by Section 906 has been
provided to Croghan Bancshares, Inc. and will be retained by Croghan Bancshares,
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.





                                       16