alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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                                                                     Exhibit 4.1

     QIAO XING MOBILE COMMUNICATION CO., LTD.
     Matter            :                                         Issued to:
     Type of Share     :
     Certificate #     :          Date of Record          :
     No. of Shares     :          Transfer to cert. #     :
     Amount Paid       :          # of Shares             :
     Par Value         :          Transfer Date           :


.................................................................................




                   INCORPORATED IN THE BRITISH VIRGIN ISLANDS

                    QIAO XING MOBILE COMMUNICATION CO., LTD.


          This is to certify that




          is / are the registered shareholders of:

          No. of Shares      Type of Share                    Par Value


          Date of Record     Certificate Number               % Paid



 The above shares are subject to the Memorandum and Articles of Association of
             the Company and transferrable in accordance therewith.
                   GIVEN UNDER THE COMMON SEAL OF THE COMPANY


_____________________     Director _____________________     Director/Secretary
#### Darnell J. NELSON, Plaintiff-Appellant, v. Henry M. PAULSON, Jr.,* Secretary of the Treasury, Defendant—Appellee. and Frank P. Nixon, et al., Defendants.

No. 06-35433.

United States Court of Appeals, Ninth Circuit.

Submitted April 22, 2008.**

Filed May 1, 2008.

Darnell J. Nelson, Seattle, WA, pro se.

Marion J. Mittet, Esq., USSE-Office of the U.S. Attorney, Seattle, WA, for Defendant-Appellee.

Before: GRABER, FISHER, and BERZON, Circuit Judges.

*

 Henry M. Paulson, Jr., is substituted for his predecessor, John W. Snow, as Secretary of the Treasury, pursuant to Fed. R.App. P. 43(c)(2).

**

 The panel unanimously finds this case suitable for decision without oral argument, and denies appellant’s request for oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM ***

Darnell J. Nelson, an attorney employed by the Internal Revenue Service (“IRS”), appeals pro se from the district court’s summary judgment, in his federal action alleging race and disability discrimination in his employment. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, *Moore v. Glickman,*113 F.3d 988, 989 (9th Cir.1997), and we affirm.

The district court correctly granted summary judgment to defendant-appellee on Nelson’s reasonable accommodation claim, because the IRS reasonably accommodated Nelson’s vision impairment when it took actions consistent with the recommendations of Nelson’s treating physician. *See Zivkovic v. S. Cal. Edison Co.,*302 F.3d 1080, 1089 (9th Cir.2002) (“An employer is not obligated to provide an employee the accommodation he requests or prefers, the employer need only provide some reasonable accommodation.”) (citation and internal quotation marks omitted).

The district court correctly dismissed Nelson’s remaining claims against defen*641dant-appellee, because Nelson did not exhaust his administrative remedies for those claims by contacting an Equal Employment Opportunity (“EEO”) counselor within 45 days of the allegedly discriminatory actions. *See Cherosky v. Henderson,*330 F.3d 1243, 1245 (9th Cir.2003) (stating that failure to consult an EEO counselor within 45 days is “fatal to a federal employee’s discrimination claim”) (citation and internal quotation marks omitted); 29 C.F.R. § 1614.105(a)(1) (“An aggrieved person must initiate contact with a Counselor within 45 days of the date of the matter alleged to be discriminatory!;.]”).

The district court correctly granted summary judgment to defendants named in their individual capacities, because Congress’s provision of administrative remedies precluded Nelson from pursuing *Bivens*claims against those defendants. *See Moore,*113 F.3d at 994 (“We have held that administrative remedies preclude a *Bivens*action even when that relief is incomplete.”).

To the extent that Nelson’s remaining contentions have been developed, they are unpersuasive. *See United States v. Kimble,*107 F.3d 712, 715 n. 2 (9th Cir.1997) (“[Bjecause this argument was not coherently developed in [the] briefs on appeal, we deem it to have been abandoned.”)

AFFIRMED.

***

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-2006

LI RONG LIU,

Petitioner,

v.

MICHAEL B. MUKASEY, Attorney General,

Respondent.

No. 07-2086

LI RONG LIU,

Petitioner,

v.

MICHAEL B. MUKASEY, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration

Appeals.

Submitted: July 2, 2008 Decided: August 8, 2008
- 2 -

Before KING, GREGORY, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Vincent Wong, New York, New York, for Petitioner. Gregory G.

Katsas, Acting Assistant Attorney General, Carol Federighi, Senior

Litigation Counsel, Rebecca Hoffberg, Office of Immigration

Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.,

for Respondent.

Unpublished opinions are not binding precedent in this circuit.
- 3 -

PER CURIAM:

Li Rong Liu, a native and citizen of China, petitions for

review of an order of the Board of Immigration Appeals (“Board”)

dismissing her appeal from the immigration judge’s decision, which

denied her request for asylum, withholding of removal, and

protection under the Convention Against Torture. 

Liu does not challenge the Board’s adoption of the

immigration judge’s finding that she failed to show that her asylum

application was timely filed. Furthermore, she has raised no

specific claim regarding the Convention Against Torture.

Therefore, these claims are abandoned. Edwards v. City of

Goldsboro, 178 F.3d 231, 241 n.6 (4th Cir. 1999) (holding failure

to raise specific issue in opening brief constitutes abandonment of

that issue under Fed. R. App. P. 28(a)(9)(A). 

Liu also contends the Board and the immigration judge

erred in denying her request for withholding of removal. “To

qualify for withholding of removal, a petitioner must show that he

faces a clear probability of persecution because of his race,

religion, nationality, membership in a particular social group, or

political opinion.” Rusu v. INS, 296 F.3d 316, 324 n.13 (4th Cir.

2002) (citing INS v. Stevic, 467 U.S. 407, 430 (1984)); see 8

C.F.R. § 1208.16(b) (2007). Based on our review of the record, we

find that Liu failed to make the requisite showing. We therefore

uphold the denial of her request for withholding of removal.
- 4 -

Accordingly, we deny Liu’s petition for review. We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

PETITION DENIED
EXHIBIT 32

                                 CERTIFICATION
                           Pursuant to 18 U.S.C. 1350
                (Section 906 of the Sarbanes-Oxley Act of 2002)

In connection with the Annual Report on Form 10-K of Independence Energy Corp.
(the "Company") for the year ended January 31, 2010, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Bruce
Thomson, as Chief Executive Officer and Chief Financial Officer of the Company,
hereby certifies, 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 results of operations
          of the Company.


Date: April 26, 2010                By: /s/ Bruce Thomson
                                        ----------------------------------------
                                        Bruce Thomson
                                        Chief Executive Officer
                                        Chief Financial Officer

This certification accompanies each Report pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of ss.18
of the Securities Exchange Act of 1934, as amended.

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.
Exhibit 32.2

                            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 Form 10-QSB of TrimFast Group, Inc. (the "Company") on
Form 10-QSB for the three months ending June 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Kenneth
Hilowitz, 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, to the best of my knowledge and belief:

         (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 Company.



/s/Kenneth Hilowitz
-----------------------
Kenneth Hilowitz
Chief Financial Officer
August 13, 2004
Amendment No. 1 to $13,420,000 Renewed, Amended and Increased Promissory Note


    EXHIBIT
      10.126

     

    

      AMENDMENT
        NO. 1 TO $13,420,000 RENEWED, AMENDED AND INCREASED PROMISSORY
        NOTE

      


      


      This
        Amendment is entered into as of December 31, 2006, by Stanford International
        Bank, Ltd. (“Lender”) and Reedy Creek Acquisition Company, LLC (“Borrower”) and
        relates to the $13,420,000 Third Renewed, Amended and Increased Promissory
        Note
        dated as of December 22, 2006, issued by Borrower in favor of Lender (the
        “Note”).

      


      


      
        	 	
                1.

              	
                Terms
                  defined in the Note are used herein as defined
                  therein.

              


      

      


      
        	 	
                2.

              	
                The
                  Initial Indebtedness Maturity Date is hereby extended to June 30,
                  2007.

              


      

      


      
        	 	
                3.

              	
                Except
                  as specifically amended herein, all terms of the Note shall remain
                  in full
                  force and effect.

              


      

      


      


      


      IN
        WITNESS WHEREOF, the parties have executed this Amendment as of the date
        first
        above written.

      


      


      


      
        	 	
                STANFORD
                  INTERNATIONAL BANK, LTD.

              
	 	 
	 	 
	 	
                By:
                  /s/ Jim Davis

              
	 	 
	 	 
	 	
                REEDY
                  CREEK ACQUISITION COMPANY, LLC

              
	 	 
	 	 
	 	
                By:
                  /s/ Malcolm J. Wright
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.                  

###### Department of Veterans Affairs

The Department of Veterans Affairs (VA) gives notice under the Federal Advisory Committee Act (FACA) that the National Research Advisory Council will hold a meeting on Wednesday, December 6, 2017, at the Atlanta Veterans Affairs Medical Center, Conference Room 5a110 at 1670 Clairmont Rd., Decatur, Georgia 30033. The meeting will convene at 9:00 a.m. and end at 4:30 p.m. This meeting is open to the public.

                    The agenda will include scientific presentations on animal research, mental health, rehabilitation and a facility tour. Additional presentations will include: Balancing research challenges, an overview of the animal research program from the Chief                           ( print page 49935)                        Veterinary Medical Officer, a review of the Centers for Disease Control and Prevention partnership with the Atlanta Medical Center and positive impacts of research. The Chair will provide a synthesis of his cross-committee collaborative meeting attendance at the Geriatrics and Gerontology Advisory Committee and National Academic Affiliations Council FACA meetings. The annual report will be reviewed. No time will be allocated at this meeting for receiving oral presentations from the public. Members of the public wanting to attend may contact Melissa Cooper, Designated Federal Officer, Office of Research and Development (10P9), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, at (202) 461-6044, or by email at                     *Melissa.Cooper@va.gov*                     no later than close of business on November 29, 2017. Because the meeting is being held in a government building, a photo I.D. must be presented at the protocols, and in order to prevent delays in clearance processing, you should allow an additional 30 minutes before the meeting begins. Any member of the public seeking additional information should contact Melissa Cooper at the phone number or email address noted above.                

Dated: October 24, 2017.

LaTonya L. Small,

Federal Advisory Committee Management Officer.

[FR Doc. 2017-23407 Filed 10-26-17; 8:45 am]

BILLING CODE P
Exhibit 10.2


     

    Exhibit
      10.2

     

    

     

     

    
      
         

      

      
        1

        
          

        

      

      
         

      

    

     

    

     

     

    
      
         

      

      
        2

        
          

        

      

      
         

      

    

     

    

     

     

    
      
         

      

      
        3
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Richard M. Thomas v. The State of Texas

Appellate case number: 01

- 15

- 00558

- CR

Trial court case number: 1411673

Trial court: 176th District Court of Harris County

On February 18, 2016, this Court issued an order, abating the appeal and remanding to

the trial court for appointment of new counsel. On March 7, 2016, a supplemental clerk’s record

was filed, containing the trial court’s appointment of Deborah D. Summers.

We reinstate the appeal on the active docket. Appellant’s brief is due 30 days from the

date of this order.

It is so ORDERED.

Judge’s signature: /s/ Rebeca Huddle

 Acting individually

Date: M arch 15, 2016
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.                  

###### Department of Health and Human Services

###### Office of the Secretary

                    Section 30.18 of the Department of Health and Human Services' claims collection regulations (45 CFR part 30) provides that the Secretary shall charge an annual rate of interest, which is determined and fixed by the Secretary of the Treasury after considering private consumer rates of interest on the date that the Department of Health and Human Services becomes entitled to recovery. The rate cannot be lower than the Department of Treasury's current value of funds rate or the applicable rate determined from the “Schedule of Certified Interest Rates with Range of Maturities” unless the Secretary waives interest in whole or part, or a different rate is prescribed by statute, contract, or repayment agreement. The Secretary of the Treasury may revise this rate quarterly. The Department of Health and Human Services publishes this rate in the                     **Federal Register**                    .                

                    The current rate of 9                    3/4                    %, as fixed by the Secretary of the Treasury, is certified for the quarter ended September 30, 2017. This rate is based on the Interest Rates for Specific Legislation, “National Health Services Corps Scholarship Program (42 U.S.C. 254o(b)(1)(A))” and “National Research Service Award Program (42 U.S.C. 288(c)(4)(B)).” This interest rate will be applied to overdue                           ( print page 49385)                        debt until the Department of Health and Human Services publishes a revision.                

Dated: October 17, 2017.

David C. Horn,

Director, Office of Financial Policy and Reporting.

[FR Doc. 2017-23092 Filed 10-24-17; 8:45 am]

 BILLING CODE 4150-04-P