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).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

SHERRY MARTIN, dba Sherry Martin

Photography,

 Plaintiff - Appellant,

 v.

WALT DISNEY INTERNET GROUP; et

al.,

 Defendants - Appellees.

No. 10-55005

D.C. No. 3:09-cv-01601-MMAPOR

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Michael M. Anello, District Judge, Presiding

Submitted April 5, 2010** 

Before: RYMER, McKEOWN and PAEZ, Circuit Judges.

Plaintiff-appellant Sherry Martin, dba Sherry Martin Photography appeals

the district court’s denial of her request for preliminary injunctive relief against

defendants-appellees in connection with appellant’s complaint against them for

FILED

APR 12 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
copyright infringement. We have jurisdiction under 28 U.S.C. § 1292(a)(1), and

we affirm.

We express no view on the merits of the complaint. Our sole inquiry is

whether the district court abused its discretion in denying preliminary injunctive

relief. The Lands Council v. McNair, 537 F.3d 981, 986 (9th Cir. 2008); see

Winter v. Natural Resources Defense Council, 129 S. Ct. 365, 374 (2008) (listing

factors for district court to consider); Sports Form, Inc., 686 F.2d 750, 752-53

(9th Cir. 1982) (explaining limited scope of review). We conclude the district

court did not abuse its discretion. Accordingly, we affirm the district court’s order

denying the preliminary injunction.

We deny appellant’s request for oral argument and her motion to strike

portions of the answering brief.

AFFIRMED.
I 

112TH CONGRESS 

1ST SESSION H. R. 2415 

To designate the facility of the United States Postal Service located at 

11 Dock Street in Pittston, Pennsylvania, as the ‘‘Trooper Joshua D. 

Miller Post Office Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 6, 2011 

Mr. BARLETTA (for himself, Mr. BRADY of Pennsylvania, Mr. ALTMIRE, Mr. 

THOMPSON of Pennsylvania, Mr. GERLACH, Mr. FITZPATRICK, Mr. SHUSTER, Mr. MARINO, Mr. CRITZ, Ms. SCHWARTZ, Mr. DOYLE, Mr. DENT, 

Mr. PITTS, Mr. HOLDEN, Mr. MURPHY of Pennsylvania, Mr. MEEHAN, 

Mr. KELLY, and Mr. PLATTS) introduced the following bill; which was 

referred to the Committee on Oversight and Government Reform 

A BILL 

To designate the facility of the United States Postal Service 

located at 11 Dock Street in Pittston, Pennsylvania, 

as the ‘‘Trooper Joshua D. Miller Post Office Building’’. 

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

3 SECTION 1. TROOPER JOSHUA D. MILLER POST OFFICE 

4 BUILDING. 

5 (a) DESIGNATION.—The facility of the United States 

6 Postal Service located at 11 Dock Street in Pittston, 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 2415 IH

1 Pennsylvania, shall be known and designated as the 

2 ‘‘Trooper Joshua D. Miller Post Office Building’’. 

3 (b) REFERENCES.—Any reference in a law, map, reg4 ulation, document, paper, or other record of the United 

5 States to the facility referred to in subsection (a) shall 

6 be deemed to be a reference to the ‘‘Trooper Joshua D. 

7 Miller Post Office Building’’. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-10513

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

TIMOTHY JAMES AYERS,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:93-CR-113-1-T

- - - - - - - - - -

April 19, 1999

Before JONES, SMITH, and DUHÉ, Circuit Judges.

PER CURIAM:*

Timothy James Ayers appeals from the revocation of his term

of supervised release for violating two supervised-release

conditions. Ayers argues that his procedural due process rights

were violated because the district court revoked his term of

supervised release based solely on his counsel’s statement that

Ayers intended to plead true to the allegations against him,

rather than obtaining a personal admission of guilt from Ayers. 
No. 98-10513

-2-

Because Ayers failed to object to this alleged error, we review

this issue for plain error. Fed. R. Crim. P. 52(b). 

Ayers has failed to show any error at all, let alone that

the alleged error by the district court affected his substantial

rights. He cannot show plain error. See United States v. Olano,

507 U.S. 725, 731-37 (1993). Accordingly, the district court’s

judgment is AFFIRMED.
Exhibit 32.1

 

STATEMENT OF PRINCIPAL EXECUTIVE OFFICER OF AXSOME THERAPEUTICS, INC.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 annual report of Axsome Therapeutics, Inc. (the “Company”) on Form 10-K/A for the year ended December 31, 2015 as filed with the Securities and Exchange Commission (the “Report”), I, Herriot Tabuteau, M.D., Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:

 

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.

 

|                 |                          |
|----------------------|-------------------------------|
| Date: August 9, 2016 | /s/ Herriot Tabuteau, M.D.    |
|                 | Herriot Tabuteau, M.D.        |
|                 | Chief Executive Officer       |
|                 | (Principal Executive Officer) |

 

 

 

 

----
Exhibit 32.2

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 Sirona Dental Systems, Inc. (the Company) on Form 10-Q for the quarter ended March 31, 2009 as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, Simone Blank, Chief 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:

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.



|            |  |                                                                               
|----------- |  | ------------------------------------------------------------------------------
|May 5, 2009 |  | /S/ SIMONE BLANK                                                              
|            |  | Simone Blank                                                                  
|            |  | Executive Vice President and Chief Financial Officer (Chief Financial Officer)

A signed original of this written statement required by section 906, or other document authenticating,
acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Sirona Dental Systems, Inc. and will be retained by Sirona
Dental Systems, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 1768

_____________________________
K HALIL F LOZEL T AYLOR , Appellant,

v.

S TATE O F F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Alachua County

. Mark W. Moseley , Judge

. July 22, 2019

P ER C URIAM

.
A FFIRMED

.
L EWIS , M AKAR , and B ILBREY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Andy Thomas, Public Defender, and Lori A. Willner, Assistant Pub l ic Defender, Tallahassee
, for Appellant.

Ashley Moody, Attorney General
, and Frank Moehrle, Assistant Attorney General, Tallahassee
, for Appellee.
NO. 07-04-0537-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TE XAS

AT AMARILLO PANEL D FEBRUARY 2, 2005

______________________________ MICHAEL DEARDORFF, KATHY DEARD ORFF AND BETTY J. DEARDORFF, Appella nts V. FEDERAL HOME LOAN MORTGAGE CORPORATION, Appellee

_________________________________ FROM THE COUNTY COURT OF HOCKLEY COUNTY; NO. C3764; HON. LARRY D. SPROWLS, PRESIDING

_______________________________ MEM ORANDUM

OPINION

_______________________________ Before QUINN, REAVIS and CAMPBELL, JJ. Appella nts Michael Deardorff, Kathy Deardorff and B etty J . Deardorff (the Deardorffs) filed a notice o f appeal on Nove mber 9, 20 04. To date, no clerk’s or reporter’s records have been received. On January 13, 2005, this court, pursuant to Tex. R. App. P. 35.3(a) and (b), notified the clerk and court reporter that the record was due to b e filed no later than Dec ember 27, 2004. In response , t he clerk a nd reporter filed a request for extensi on of time to file the record, stating that “appellant has not paid or made2

arrangeme nts to pay for the record.” On January 19, 2005, the Deardorffs were directed b y letter to provide this court with proof that they either paid for the record or made satisfact oryarrangements for payment of the record on or before January 29, 2005. So too
were they tol d that the failure to comply w ith the court’s directive would result in dismissal. The deadline lapsed, and the court simply received, from the Deardorffs, a copy of a letter to the court

clerk di recting h er to forward various documents to this court. Nothing was said about ar rangements having been made regarding payment for the record, despite our directive. Moreover, we received nothing from the Deardorffs illustrating that payment for the reporter’s record has been made to or arrangem ents for its payment have been made with the court repo rter. Because the Dear

dorffs failed to comply with our January 19 th directive, we dismiss the appe al pursu ant to Te xas Rul e of Appe llate Pr ocedure 4 2.3(b) an d (c).
Per Curiam
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



The undersigned executive officer of Black Rock Petroleum
Company certifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:

• the annual report on Form 10-K/Af the
Company for the year ended April 30, 2018 fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and



• the information contained in the Form 10-K fairly
presents, in all material respects, the financial condition and results of operations of the Company.



|                      |                                                                                                       
|--------------------- | ------------------------------------------------------------------------------------------------------
|Date:  March 30, 2020 | /s/ Zoltan Nagy
        Zoltan Nagy
        Chief Executive Officer, Chief Financial Officer, Director
United States Court of Appeals

Fifth Circuit

FILED

June 7, 2006

Charles R. Fulbruge III

Clerk

In the

United States Court of Appeals

for the Fifth Circuit

_______________

m 05-20337

_______________

RODRIGO MAGANA;

MARIA MAGANA,

INDIVIDUALLY AND AS NEXT FRIEND FOR

MARIA DEL CARMEN AND VICTORIA YERIZZA MAGANA, MINORS,

Plaintiffs-Appellants,

VERSUS

HAMMER & STEEL, INC., ET AL.,

Defendants,

HAMMER & STEEL, INC.; BO-MAC CONTRACTORS, INC.,

Defendants-Appellees.

_________________________

Appeal from the United States District Court

for the Southern District of Texas

m 4:03-CV-1406

______________________________
2

Before SMITH, WIENER, and STEWART,

Circuit Judges.

PER CURIAM:

*

Rodrigo and Maria Magana appeal a takenothing judgment entered after a bench trial,

seeking damagesfor injuries Magana suffered

on the job. We have reviewed the briefs, the

applicable caselaw, and pertinent portions of

the record and have heard the arguments of

counsel. We find no clear error in any of the

district court’s factual findings or any mistake

in its conclusions of law. The judgment is

AFFIRMED, essentially for the reasons given

by the district court.

*

Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.
The Honorable Scott O. Wright, United States District Judge 1

for the Western District of Missouri, adopting the report and

recommendation of the Honorable William A. Knox, United States

Magistrate Judge for the Western District of Missouri.

___________

No. 95-2340

___________

Albert Jay Wright, *

 *

Appellant, *

 *

v. *

 *

Robert Michael Bell, Head Nurse; * Appeal from the United States

Lauer, Eye Doctor; Mike Shearin, * District Court for the

Psychologist; Angie, Nurse; * Western District of Missouri.

Richardson, Psychologist; Ronald *

Lopez; William Maylee; Odell * [UNPUBLISHED]

Henry; Pat Mantle; Arthur W. *

Dearixon; Michael Groose; David *

J. Mercier; Angela Pritchard, *

 *

Appellees. *

___________

 Submitted: February 23, 1996

 Filed: March 1, 1996

___________

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________

PER CURIAM.

Albert Jay Wright appeals the district court's orders granting

1

summary judgment to defendants in his 42 U.S.C. § 1983 action, and

dismissing his pendent state-law claims. Having carefully reviewed the

record and the parties' briefs, we conclude that no error of law or fact

appears and that an opinion would lack
-2-

precedential value. Wright's motion for appointed counsel is denied. 

Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Notices]
[Page 43237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19547]


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

FEDERAL RESERVE SYSTEM


Notice of Proposals To Engage in or To Acquire Companies Engaged 
in Permissible Nonbanking Activities

    The companies listed in this notice have given notice under section 
4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and 
Regulation Y, (12 CFR part 225) to engage de novo, or to acquire or 
control voting securities or assets of a company, including the 
companies listed below, that engages either directly or through a 
subsidiary or other company, in a nonbanking activity that is listed in 
Sec.  225.28 of Regulation Y (12 CFR 225.28) or that the Board has 
determined by Order to be closely related to banking and permissible 
for bank holding companies. Unless otherwise noted, these activities 
will be conducted throughout the United States.
    Each notice is available for inspection at the Federal Reserve Bank 
indicated. The notice also will be available for inspection at the 
offices of the Board of Governors. Interested persons may express their 
views in writing on the question whether the proposal complies with the 
standards of section 4 of the BHC Act.
    Unless otherwise noted, comments regarding the applications must be 
received at the Reserve Bank indicated or the offices of the Board of 
Governors not later than October 11, 2017.
    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant 
Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:
    1. Associated Banc-Corp, Green Bay, Wisconsin; to merge with Bank 
Mutual Corporation, Milwaukee, Wisconsin and thereby indirectly acquire 
Bank Mutual, Brown Deer, Wisconsin and thereby engage in operating a 
savings association, pursuant to section 225.28(b)(4)(ii) of Regulation 
Y.

    Board of Governors of the Federal Reserve System, September 11, 
2017.
Yao-Chin Chao,
Assistant Secretary of the Board.
[FR Doc. 2017-19547 Filed 9-13-17; 8:45 am]
 BILLING CODE 6210-01-P
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



I, Thomas Nash, hereby 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 Annual Report on Form 10-K/A-1 of Xalles
Holdings Inc. for the year ended December 31, 2015 (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 Xalles Holding, Inc.









Dated:  June 15, 2016

| |  |                                                                                             |  | 
| |  | ------------------------------------------------------------------------------------------- |  | 
| |  |                                                                                            
| |  |                                                                                            
| |  |                                                                                            
| |  | /s/ Thomas Nash                                                                             | 
| |  | Thomas Nash                                                                                
| |  | President, Chief Executive Officer, Chief Financial Officer, Treasurer and Director        
| |  | (Principal Executive Officer, Principal Financial Officer and Principal Accounting Officer)
| |  |                                                                                            











|
|
|
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### International Trade Commission

          - [USITC SE-17-042]

# Agency Holding the Meeting:

United States International Trade Commission.

# Time and Date:

September 28, 2017 at 11:00 a.m.

# Place:

Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000.

# Status:

Open to the public.

# Matters To Be Considered:

1. Agendas for future meetings: None.

2. Minutes.

3. Ratification List.

4. Vote in Inv. Nos. 731-TA-313, 314, 317, and 379 (Fourth Review) (Brass Sheet and Strip from France, Germany, Italy, and Japan). The Commission is currently scheduled to complete and file its determinations and views of the Commission by October 13, 2017.

5. Outstanding action jackets: None.

In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

By order of the Commission.

Issued: September 11, 2017.

William R. Bishop,

Supervisory Hearings and Information Officer.

[FR Doc. 2017-19649 Filed 9-12-17; 4:15 pm]

 BILLING CODE 7020-02-P
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman

, Chief Justice

Robert P. Young, Jr.

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

March 22, 2017

s0315 

# Order

Clerk March 22, 2017

152835

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 152835

COA: 321490

Wayne CC: 13

- 003881

- FC

WILLIE LEE WIMBERLY,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the October 20, 2015

judgment of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the questions presented should be reviewed by this Court.
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

MICHAEL FUSCELLARO,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 242 EAL 2018

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 5th day of December, 2018, the Petition for Allowance of Appeal

is DENIED.
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Page 43568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19819]


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

JUDICIAL CONFERENCE OF THE UNITED STATES


Meeting of the Judicial Conference Advisory Committee on Rules of 
Appellate Procedure

AGENCY: Judicial Conference of the United States, Advisory Committee on 
Rules of Appellate Procedure

ACTION: Notice of open meeting.

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

SUMMARY: The Advisory Committee on Rules of Appellate Procedure will 
hold a meeting on November 9, 2017. The meeting will be open to public 
observation but not participation. An agenda and supporting materials 
will be posted at least 7 days in advance of the meeting at: http://www.uscourts.gov/rules-policies/records-and-archives-rules-committees/agenda-books.

DATES: November 9, 2017.
    Time: 9:00 a.m. to 5:00 p.m.

ADDRESSES: Thurgood Marshall Federal Judiciary Building, Mecham 
Conference Center, Administrative Office of the United States Courts, 
One Columbus Circle NE., Washington, DC 20544.

FOR FURTHER INFORMATION CONTACT: Rebecca A. Womeldorf, Rules Committee 
Secretary, Rules Committee Staff, Administrative Office of the United 
States Courts, Washington, DC 20544, telephone (202) 502-1820.

    Dated: September 13, 2017.
Rebecca A. Womeldorf,
Rules Committee Secretary.
[FR Doc. 2017-19819 Filed 9-15-17; 8:45 am]
 BILLING CODE 2210-55-P