alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Wolfpacadumas EL-BEY, Plaintiff-Appellant, v. 17TH DISTRICT COURT; Judge Melody Wilkinson; Frost National Bank; Lisa Rodriguez; Jerry M. Waller, Defendants-Appellees.

No. 10-11141

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 12, 2011.

Wolfpacadumas El-Bey, North Richland Hills, TX, pro se.

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.

PER CURIAM: *

Wolfpacadumas El-Bey appeals the 28 U.S.C. § 1915(e)(2)(B) dismissal of his civil complaint as frivolous and for failure to state a claim upon relief which could be granted. We review the dismissal of a claim as frivolous under § 1915(e)(2)(B)(i) for abuse of discretion, and we review a dismissal for failure to state a claim under § 1915(e)(2)(B)(ii) *de novo. Black v. Warren,*134 F.3d 732, 733 (5th Cir.1998).

El-Bey’s original complaint, entitled “Writ of Mandamus,” asked the district court to order a state judge to rule on a motion filed by El-Bey in state court. In a supplemental pleading, El-Bey sought declaratory relief and damages.

*476The district court has no power to direct state officials in the performance of their functions. *Moye v. Clerk, DeKalb Cnty. Superior Court,*474 F.2d 1275, 1275-76 (5th Cir.1973). Moreover, to the extent that El-Bey was seeking a mandamus and other relief, his conclusional and nonsensical pleadings failed to provide any coherent legal basis for such relief. Because El-Bey has not demonstrated that the district court erred in dismissing his pleadings as frivolous and for failure to state a claim, the judgment is AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 13-1226

___________________________

Rodney Bell

lllllllllllllllllllll Plaintiff - Appellant

v.

Carolyn W. Colvin, Acting Commissioner of Social Security

lllllllllllllllllllllAppellee

____________

 Appeal from United States District Court 

for the Western District of Missouri - Kansas City

____________

 Submitted: August 7, 2013

Filed: August 27, 2013

[Unpublished]

____________

Before SMITH, BOWMAN, and SHEPHERD, Circuit Judges. 

____________

PER CURIAM.

Rodney Bell appeals from an order of the District Court affirming the denial 1

of disability insurance benefits and supplemental security income. Upon de novo

The Honorable Fernando J. Gaitan, Jr., Chief Judge, United States District 1

Court for the Western District of Missouri.
review, we find that the determination of the administrative law judge (ALJ) that Bell

is not disabled is supported by substantial evidence on the record as a whole. See

Young v. Astrue, 702 F.3d 489, 491 (8th Cir. 2013). As to Bell’s apparent challenge

to the ALJ’s adverse credibility determination, this challenge is being raised for the

first time on appeal, see Roberts v. Apfel, 222 F.3d 466, 470 (8th Cir. 2000) (noting

that unless manifest injustice would result, a claim not articulated in the district court

is subject to forfeit on appeal), and in any event, the ALJ gave several valid reasons

for finding Bell not entirely credible, see Renstrom v. Astrue, 680 F.3d 1057, 1067

(8th Cir. 2012) (stating that if the ALJ explicitly discredits a claimant and gives good

reasons for doing so, the appellate court will normally defer to the ALJ’s

determination). We affirm the judgment of the District Court, and we deny Bell’s

motion for appointment of counsel. 

______________________________

-2-
[Nos. 29974-1-III; 30234-2-III.

Division Three.

November 13, 2012.]

#### The State of Washington, *Respondent,*v. David Allyn Dodd, *Appellant. In the Matter of the Personal Restraint of*David Allyn Dodd, *Petitioner.*

Appeal from a judgment of the Superior Court for Douglas County, No. 10-1-00192-5, John Hotchkiss, J., entered May 31, 2011, together with a petition for relief from personal restraint. Judgment *affirmed*and petition *dismissed*by unpublished opinion per

Korsmo, C.J.,

concurred in by Brown and Kulik, JJ.
Exhibit
      32.1





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





Pursuant
      to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, and in connection with the filing by Intermost
      Corporation, a Wyoming Corporation (the “Company”) with the Securities and
      Exchange Commission of its Quarterly Report on Form 10-QSB for the three months
      ended December 31, 2007 (the “Report”), the undersigned, Rocky Wulianghai,
      President and Chief Executive Officer of the Company, does hereby certify,
      that
      to the best of his knowledge:





(1)
            The
                Report fully complies with the requirements of Section 13(a) or 15(d),
                as
                applicable, 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.





This
      certification is being provided
      pursuant to 18 U.S.C. 1350 and is not to be deemed a part of this Report, nor
      is
      it to be deemed to be “filed” for any purpose whatsoever.





Date:  February
      8, 2008






By:
            /s/Rocky
                Wulianghai,
                President and Chief Executive
                Officer








A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.
<PAGE>


                                                                      EXHIBIT 99

                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 officers of the Registrant hereby certify
that this Annual Report on Form 10-K for the year ended June 30, 2002 (the
"Report") 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 Report
fairly presents, in all material respects, the financial condition and results
of operations of the Registrant.



                               By: /s/ John R. Male
                                   ---------------------------------------------
                                        Name:    John R. Male
                                        Title:   Chairman of the Board and
                                                 Chief Executive Officer



                               By: /s/ C. Keith Swaney
                                   ---------------------------------------------
                                        Name:    C. Keith Swaney
                                        Title:   President and Chief Financial
                                                 Officer

Date: October 1, 2002
Exhibit 23.1 – Consent of BDO USA, LLP





Teletouch Communications, Inc.


Fort Worth, Texas





Consent of Independent Registered Public Accounting Firm




We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (File No. 333-108946 and File No. 333-108945) of Teletouch Communications, Inc. of our report dated August 29, 2011, relating to the consolidated financial statements appearing in the Company’s Annual Report on Form 10-K for the year ended May 31, 2011.





/s/ BDO USA, LLP





Houston, Texas


August 29, 2011
#### Ignacio Cedillo BARCENAS; Maria Del Carmen Estrada De Cedillo, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 09-70967.

United States Court of Appeals, Ninth Circuit.

Submitted March 8, 2011.*

Filed March 22, 2011.

Jeffrey Charles Gonzales, Law Offices of Jeffrey C. Gonzales, Portland, OR, for Petitioners.

David H. Wetmore, U.S. Department of Justice, Washington, DC, for Respondent.

Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.

*

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

MEMORANDUM **

Ignacio Cedillo Barcenas and Maria Del Carmen Estrada De Cedillo, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s removal order. We dismiss the petition for review.

We lack jurisdiction to consider petitioners’ challenges to the agency’s denial of cancellation of removal and voluntary departure based on its discretionary determination that petitioners lack good moral character. 8 U.S.C. §§ 1229c(f), 1252(a)(2)(B)(i); *Moran v. Ashcroft,*395 F.3d 1089, 1091 (9th Cir.2005), *overruled on other grounds by Sanchez v. Holder,*560 F.3d 1028 (9th Cir.2009) (en banc).

Petitioners’ remaining contentions are not persuasive.

PETITION FOR REVIEW DISMISSED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
<PAGE>   1
                                                                     Exhibit 21



                             Florsheim Group Inc.
                         Subsidiaries of the Company
                         ---------------------------


The  Florsheim Shoe Store Company - Northeast, a Delaware corporation

The  Florsheim Shoe Store Company - West, a Delaware corporation

L.J. O'Neill Shoe Company, a Missouri corporation

Florsheim Occupational Footwear, Inc., a Missouri corporation

Florsheim Australia Limited, an Australian corporation

Florsheim Canada Inc., a Canadian corporation

Florsheim Europe S.R.L., an Italian corporation

Florsheim Pacific, Limited, a Hong Kong corporation

Florsheim S.A. de C.V., a Mexican corporation

Florsheim B.V., a Netherlands corporation

Florsheim Limited, a U.K. corporation






                                      67
Exhibit 31.2

OFFICERS CERTIFICATION

PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. 1350)

I, Douglas E. Sloan, certify that:

1. I have reviewed this Annual Report on Form 10-K of Teletouch Communications, Inc.;

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 periods 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 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; and

(c) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the small business issuers fourth fiscal quarter in the
case of an annual report) 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
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: September 13, 2006



|    |  |                                
|--- |  | -------------------------------
|    | 
|By: |  | /s/ Douglas E. Sloan           
|    |  | Douglas E. Sloan               
|    |  | Interim Chief Financial Officer
I 

111TH CONGRESS 

1ST SESSION H. R. 3161 

To amend title 28, United States Code, to provide for an additional judgeship 

for the western district of Michigan. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2009 

Mr. STUPAK introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend title 28, United States Code, to provide for an 

additional judgeship for the western district of Michigan. 

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

3 SECTION 1. ADDITIONAL JUDGESHIP. 

4 (a) ADDITIONAL JUDGESHIP.—The item relating to 

5 Michigan in the table contained in section 133(a) of title 

6 28, United States Code, is amended by striking 

‘‘Western ............................................................................................ 4’’ 

7 and inserting 

‘‘Western ............................................................................................ 5’’. 

8 (b) OFFICIAL DUTY STATION.—The official duty sta9 tion of the individual appointed to the judgeship created 


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2 

•HR 3161 IH

1 by the amendment made by subsection (a) shall be Mar2 quette, Michigan. 

Æ 


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EXHIBIT 32.2



Certification of Chief Financial Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



Pursuant to 18 U.S.C. §1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Mad Catz Interactive, Inc.
(the Company) hereby certifies, to such officers knowledge, that:



(i) the accompanying Quarterly Report on Form 10-Q of the Company for the period ended December 31, 2005 (the
Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the 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: February 13, 2006 |  |  |  | /s/ CYRIL TALBOT III                     
|                        |  |  |  | Cyril Talbot III, Chief Financial Officer



The foregoing certifications are being
furnished solely to accompany the Report pursuant to 18 U.S.C. §1350, and are not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and are not to be incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T G RA N V A L G . H U N TER, P e titio n e r- A p p e llan t, v. M A T T H E W K R A M E R , W a r d e n ; e t a l., R esp o n d en t s - A p p el l ees. N o. 08- 16791 D . C. N o . 2 : 0 7 - c v - 0 2 7 9 2 - M CE ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e E a s te rn D is tr ic t o f C a lif o rn ia M orr i s on C . E ngl and, J r . , D i s tr i c tJudge , P r e s i di ng

S ubm i tt e d M ay25, 2010 ** B efo re: C A N B Y , T H O M A S , an dW . F L E T C H E R , C i rcu i tJu d g es. C alifo rn ia state p riso n erG ra n v al G . H u n ter ap p ea ls fr o m th e d istrict co u rt’s j udgm e ntdi s m i s s i ng hi s 28 U . S . C . § 2254 habe a s pe t i t i on. W e have j ur i s di c t i on u n d e r2 8 U . S. C. § 2 2 5 3 , a n dw e a f f i rm. 

# FI LED JU N 15 2010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS08- 16791 2 H unt e rc ont e nds tha thi s t i m e - barr e d habe a s pe t i t i on s houl d be a ddr e s s e d on th e m e r its b e c au s e h e is a c tu a llyin n o c e n t o f th e c o n du c t u s e dto e n h an c e h is s e nt e nc e . B e c aus e H unt e rha s f a i l e d t o pr e s e nta nye vi de nc e of hi s i nnoc e nc e , the d is tr ic t c o u rt d idn o t e rrb yd is m is s in g h is p e titio n . See Sc h lu p v . D e lo , 5 1 3 U . S. 29 8, 31 6-17 (199 5). AF F I RME D.
<PAGE>

The Board of Directors
PVF Capital Corp.


We consent to incorporation by reference in the registration statements (No. 
33-97450 and No. 33-86116) on Forms S-8 of PVF Capital Corp. of our report 
dated July 23, 1997, relating to the consolidated statements of financial 
condition of PVF Capital Corp. and subsidiaries as of June 30, 1997 and 1996, 
and the related consolidated statements of operations, stockholders' equity, 
and cash flows for each of the years in the three-year period ended June 30, 
1997 which report appears in the June 30, 1997 annual report on Form 10-K of 
PVF Capital Corp.




/s/ KPMG Peat Marwick LLP


Cleveland, Ohio
September 12, 1997
Exhibit 31.1 SECTION 302 CERTIFICATION  I, Douglas K. Beplate, certify that:  1. I have reviewed this quarterly report of Emergency Filtration Products, Inc. for the quarter ended September 30, 2006;  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 small business issuer as of, and for, the periods presented in this report;  4. The small business issuer=s other certifying officer 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 small business issuer 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 small business issuer, 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 small business issuer=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; and (c) disclosed in this report any change in the small business issuer=s internal control over financial reporting that occurred during the small business issuer=s most recent fiscal quarter (the small business issuer=s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer=s internal control over financial reporting; and  5. The small business issuer=s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer=s auditors and the audit committee of the small business issuer=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 small business issuer=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 small business issuer=s internal control over financial reporting.  Date: November 14, 2006  /s/Douglas K. Beplate Douglas K. Beplate, Principal Executive Officer
I 

111TH CONGRESS 

1ST SESSION H. R. 3284 

To prohibit the heads of executive agencies from entering into or renewing 

procurement contracts with persons that export certain computer or 

telecommunications technologies to Iran, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 21, 2009 

Mr. SHERMAN (for himself, Mr. ROYCE, and Mr. KLEIN of Florida) introduced the following bill; which was referred to the Committee on Oversight and Government Reform 

A BILL 

To prohibit the heads of executive agencies from entering 

into or renewing procurement contracts with persons that 

export certain computer or telecommunications technologies to Iran, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reduce Iranian Cyber5 Suppression Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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2 

•HR 3284 IH

1 (1) EXECUTIVE AGENCY.—The term ‘‘executive 

2 agency’’ has the meaning given that term in section 

3 4 of the Office of Federal Procurement Policy Act 

4 (41 U.S.C. 403). 

5 (2) SENSITIVE TECHNOLOGY.—The term ‘‘sen6 sitive technology’’ means hardware, software, tele7 communications equipment, or any other technology 

8 that the President determines may be used by the 

9 Government of Iran— 

10 (A) to restrict the free flow of unbiased in11 formation in Iran; or 

12 (B) to disrupt, monitor, or otherwise re13 strict speech by the people of Iran. 

14 SEC. 3. PROHIBITION ON PROCUREMENT CONTRACTS WITH 

15 PERSONS THAT EXPORT SENSITIVE TECH16 NOLOGY TO IRAN. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, the head of an executive agency may not enter 

19 into or renew a contract for the procurement of goods or 

20 services with a person that exports sensitive technology to 

21 Iran. 

22 (b) WAIVER.—The President may waive the applica23 tion of the prohibition under subsection (a) if the Presi24 dent— 


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3 

•HR 3284 IH

1 (1) determines that such a waiver is in the na2 tional interest of the United States; and 

3 (2) submits to Congress a report describing the 

4 reasons for the determination. 

Æ 


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