alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Miguel A. RAMIREZ, Plaintiff-Appellant, v. E.K. MCDANIEL, Warden, Defendant-Appellee.

No. 08-16579.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 19, 2010.*

Filed Oct. 28, 2010.

*179Miguel A. Ramirez, Ely, NV, pro se.

Robert E. Wieland, Esquire, Senior Deputy Attorney General, Office of the Nevada Attorney General, Reno, NV, for Defendant-Appellee.

Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.

*

 Ramirez has filed a request for oral argument. The request is denied because the panel unanimously concludes this case is suitable for *179decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Nevada state prisoner Miguel A. Ramirez appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

Ramirez challenges a disciplinary decision in which he was found guilty of assault and battery of another inmate. He contends that his due process rights were violated because the prison disciplinary committee did not make a determination of the credibility of the confidential informant. The committee found that the informant was reliable. The state supreme court’s decision was not based on an unreasonable determination of the facts in light of the evidence presented. *See*28 U.S.C. § 2254(d)(2). The record also reflects that the state court’s rejection of this claim was neither contrary to, nor involved an unreasonable application of, clearly established federal law as determined by the United States Supreme Court. *See*28 U.S.C. § 2254(d)(1); *Superintendent v. Hill,*472 U.S. 445, 454-56, 105 S.Ct. 2768, 86 L.Ed.2d 356 (1985).

Ramirez also contends that the district court should have held an evidentiary hearing to consider newly discovered evi*180dence. The district court did not abuse its discretion by not holding an evidentiary hearing. *See Estrada v. Scribner,*512 F.3d 1227, 1239 (9th Cir.2008).

Ramirez further contends that the district court should have granted his motion to appoint counsel. The district court did not abuse its discretion because the case was not “so complex that due process violations [would have occurred] absent the presence of counsel.” *Bonin v. Vasquez,*999 F.2d 425, 428-29 (9th Cir.1993) (order).

We construe Ramirez’s additional arguments as a motion to expand the certificate of appealability. So construed, the motion is denied. *See*9th Cir. R. 22-l(e); *see also Hiivala v. Wood,*195 F.3d 1098, 1104-05 (9th Cir.1999) (per curiam).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350 ADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002





In
connection with the Report of CoConnect, Inc., a Nevada corporation, (the
“Company”) on Form 10-Q for the quarter ended March 31, 2010, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Brad M.
Bingham, Esq., Interim Principal Accounting Officer of the Company, certify the
following pursuant to Section 18, U.S.C. 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002:





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.








/s/ Brad M. Bingham,
Esq.


Brad M.
Bingham, Esq.


Interim
Principal Accouting





May 20,
2010
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



In connection with the quarterly report of Freestone Resources, Inc. (the Company) on Form 10-QSB for the period ended March 31, 2006 as filed with the Securities and Exchange Commission (the Report), each of the undersigned, in the capacities and on the dates indicated below, hereby certifies 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 operation of the Company.





Dated:  July 16, 2007



/s/ James F. Carroll



Name: James F. Carroll

Title:  Chief Executive Officer







Dated:  July 16, 2007



/s/ James F. Carroll



Name: James F. Carroll

Title:  Chief Financial Officer
`

 

 

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 annual report of Omega United, Inc. (the "Company") on Form 10-KSB for the year ended December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Shelley Clark, acting in the capacity as the Chief Executive Officer of the Company, and I, Kendall Clark, acting in the capacity as the Chief Financial Officer of the Company, certify to the best of our knowledge, 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 result of operations of the Company.

 

 

/s/ Shelley Clark

     Shelley Clark

     Chief Executive Officer

     February 13, 2008

 

/s/ Kendall Clark

      Kendall Clark

      Chief Financial Officer

     February 13, 2008

 

 

 

`
#### Mary C. KERNER, Plaintiff-Appellant, v. Jorge MENDEZ; Patrick Phillips; United Airlines (UAL); Ken Smart; United Air Lines, Inc., Defendants-Appellees.

No. 09-16970.

United States Court of Appeals, Ninth Circuit.

Submitted Nov. 2, 2010.*

Filed Nov. 12, 2010.

Carl B. Shapiro, Esquire, Shapiro & Shapiro, San Anselmo, CA, for Plaintiff-Appellant.

Richard G. Grotch, Coddington, Hicks & Danforth, Redwood City, CA, for Defendants-Appellees.

Before: KOZINSKI, Chief Judge, RYMER, Circuit Judge, and TRAGER, District Judge.**

*

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

**

 The Honorable David G. Trager, Senior United States District Judge for the Eastern District of New York, sitting by designation.

MEMORANDUM ***

Plaintiff Mary C. Kerner (“plaintiff’) appeals from an order issued by the District *226Court for the Northern District of California dismissing her claim under 42 U.S.C. § 1983 (“Section 1983”) against defendants United Airlines and three United Airlines employees, including Jorge Mendez (collectively, “defendants”). Given the parties’ familiarity with the facts, we do not recount them here. This Court has jurisdiction under 28 U.S.C. § 1291. For the following reasons, the decision of the district court is affirmed.

A district court’s decision to dismiss a Section 1983 action pursuant to Rule 12(b)(6) is reviewed de novo. *Watson v. Weeks,*436 F.3d 1152, 1157 (9th Cir.2006). A plaintiff asserting a Section 1983 claim must allege the deprivation of a constitutional right by a defendant acting under color of state law. *Franklin v. Fox,*312 F.3d 423, 444 (9th Cir.2002).

Mendez was not acting under color of state law. *See Collins v. Womancare,*878 F.2d 1145, 1150-56 (9th Cir.1989); *Ibrahim v. Dep’t of Homeland Sec.,*538 F.3d 1250, 1257-58 (9th Cir.2008). Kerner has not alleged facts showing that the state may “fairly be blamed” for the defendants’ conduct. *Lugar v. Edmondson Oil Co.,*457 U.S. 922, 936, 102 S.Ct. 2744, 73 L.Ed.2d 482 (1982).

Because the district court correctly concluded that the alleged deprivation underlying Plaintiffs Section 1983 claim was not under “color of state law,” the district court’s decision is affirmed.

AFFIRMED.

***

 disposition is not appropriate for publication and is not precedent except as provid*226ed by Ninth Circuit Rule 36-3.
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




In connection with the annual report of SkyPostal Networks, Inc. on Form 10-K for the twelve month period ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Albert Hernandez, acting in the capacity as the Chief Executive Officer and President of the Company and I, A J Hernandez, acting in the capacity as the Chief Financial Officer of the Company, certify to the best of our knowledge, 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 result of operations of the Company.




/s/Albert P. HernandezAlbert P. HernandezChief Executive Officer and PresidentMarch 31, 2010/s/ A.J. HernandezA.J. HernandezChief Financial OfficerMarch 31, 2010
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Notices]
[Page 50444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23691]



[[Page 50444]]

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DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Cable Television Laboratories, Inc.

    Notice is hereby given that, on October 5, 2017, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Cable Television 
Laboratories, Inc. (``CableLabs'') has filed written notifications 
simultaneously with the Attorney General and the Federal Trade 
Commission disclosing changes in its membership. The notifications were 
filed for the purpose of extending the Act's provisions limiting the 
recovery of antitrust plaintiffs to actual damages under specified 
circumstances. Specifically, Henan Cable TV Network Group Co., Limited, 
Zhengzhou, PEOPLE'S REPUBLIC OF CHINA; and Guangzhou Digital Media 
Group Co., Limited, Guangzhou, PEOPLE'S REPUBLIC of CHINA, have been 
added as parties to this venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and CableLabs intends to file additional 
written notifications disclosing all changes in membership.
    On August 8, 1988, CableLabs filed its original notification 
pursuant to Section 6(a) of the Act. The Department of Justice 
published a notice in the Federal Register pursuant to Section 6(b) of 
the Act on September 7, 1988 (53 FR 34593).
    The last notification was filed with the Department on June 28, 
2017. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on July 20, 2017 (82 FR 33517).

Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2017-23691 Filed 10-30-17; 8:45 am]
 BILLING CODE P
Exhibit 33.1

          ASSERTION OF COMPLIANCE WITH APPLICABLE SERVICING CRITERIA

The Bank of New York, The Bank of New York Trust Company, N. A. and The Bank
of New York (Delaware) (collectively, the "Company") provides this
platform-level assessment of compliance with the servicing criteria specified
in Item 1122(d) of Regulation AB promulgated by the Securities and Exchange
Commission.

Management has determined that the following servicing criteria are applicable
in regards to the following servicing platform for the following period:

Platform: Publicly-issued (i.e., transaction-level reporting initially
required under the Securities Exchange Act of 1934, as amended) asset-backed
securities issued on or after January 1, 2006 (and like-kind transactions
issued prior to January 1, 2006) for which the Company provides trustee,
securities administration, or paying agent services, other than residential
mortgage-backed securities and other mortgage-related asset-backed securities.
The platform includes like-kind transactions for which the Company provided
trustee, securities administrator, or paying agent services as a result of the
Company's acquisition as of October 1, 2006 of portions of JPMorgan Chase
Bank, N.A.'s corporate trust business, including structured finance agency and
trust transactions.

Applicable Servicing Criteria: All servicing criteria set forth in Item
1122(d), to the extent required by the related transaction agreements as to
any transaction, except for the following criteria: 1122 (d) (1) (ii), (iii),
(iv), (2) (iii), (vi), (4) (vi), (vii), (viii), (x), (xi), (xii), (xiii) and
(xiv).

Period: Twelve months ended December 31, 2006.

With respect to the Platform and the Period, the Company provides the
following assessment of compliance in respect of the Applicable Servicing
Criteria:

o     The Company is responsible for assessing its compliance with the
Applicable Servicing Criteria.

o     The Company has assessed compliance with the Applicable Servicing
Criteria.

o     As of December 31, 2006 and for the Period, the Company was in material
compliance with the Applicable Servicing Criteria.

Ernst & Young LLP, an independent registered public accounting firm, has
issued an attestation report with respect to the Company's foregoing
assessment of compliance.

          The Bank of New York                       The Bank of New York
          The Bank of New York Trust                 The Bank of New York Trust
          Company, N.A.                              Company, NA
          The Bank of New York (Delaware)


          /s/ Robert L. Griffin                      /s/ Patrick S. Tadie
          ------------------------------------       --------------------
              Robert L. Griffin                          Patrick S. Tadie
              Authorized Signer                          Authorized Signer

March 1, 2007
Electronically Filed Intermediate Court of Appeals CAAP-13-0000197 26-JUN-2013 10:30 AM
[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Page 50640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23710]


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

DEPARTMENT OF EDUCATION


State Educational Agency and Local Educational Agency--School 
Data Collection and Reporting Under ESEA, Title I, Part A; ED-2017-
ICCD-0130; Correction

AGENCY: Department of Education.

ACTION: Correction notice.

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

SUMMARY: On October 26, 2017, the U.S. Department of Education 
published a 60-day comment period notice in the Federal Register (Page 
49602, Column 1; FR DOC #2017-23222) seeking public comment for an 
information collection entitled, ``State Educational Agency and Local 
Educational Agency--School Data Collection and Reporting Under ESEA, 
Title I, Part A''. The abstract was incorrect, and is corrected as 
follows:
    Although the U.S. Department of Education (ED) determines Title I, 
Part A allocations for Local Educational Agencies (LEAs), the 
Elementary and Secondary Education Act, as amended by the Every Student 
Succeeds Act, requires State Educational Agencies (SEAs) to adjust ED-
determined Title I, Part A LEA allocations to account for newly created 
LEAs and LEA boundary changes, to redistribute Title I, Part A funds to 
small LEAs (under 20,000 total population) using alternative poverty 
data (if an SEA has ED's approval to do so), and to reserve funds for 
school improvement, State administration, and, if applicable, Direct 
Student Services. This control number covers only the burden associated 
with the actual procedures an SEA must follow when adjusting ED-
determined LEA allocations.
    The Acting Director, Information Collection Clearance Division, 
Office of the Chief Privacy Officer, Office of Management, hereby 
issues a correction notice as required by the Paperwork Reduction Act 
of 1995.

    Dated: October 26, 2017.
Tomakie Washington,
Acting Director, Information Collection Clearance Division, Office of 
the Chief Privacy Officer, Office of Management.
[FR Doc. 2017-23710 Filed 10-31-17; 8:45 am]
 BILLING CODE 4000-01-P
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.                  

###### Federal Deposit Insurance Corporation

*Notice is hereby given*                     that the Federal Deposit Insurance Corporation (FDIC) as Receiver for Putnam State Bank, Palatka, Florida (“the Receiver”) intends to terminate its receivership for said institution. The FDIC was appointed Receiver of Putnam State Bank on June 15, 2012. The liquidation of the receivership assets has been completed. To the extent permitted by available funds and in accordance with law, the receiver will be making a final dividend payment to proven creditors.                

Based upon the foregoing, the receiver has determined that the continued existence of the receivership will serve no useful purpose. Consequently, notice is given that the receivership shall be terminated, to be effective no sooner than thirty days after the date of this notice. If any person wishes to comment concerning the termination of the receivership, such comment must be made in writing and sent within thirty days of the date of this notice to: Federal Deposit Insurance Corporation, Division of Resolutions and Receiverships, Attention: Receivership Oversight Department 34.6, 1601 Bryan Street, Dallas, TX 75201.

No comments concerning the termination of this receivership will be considered which are not sent within this time frame.

Dated: October 13, 2017.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Executive Secretary.

[FR Doc. 2017-22548 Filed 10-17-17; 8:45 am]

BILLING CODE 6714-01-P
Exhibit 32.1

CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED

PURSUANT TO SECTION 906 OF
SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Alarion Financial Services, Inc. (the Company), on Form 10-K for the
period ended December 31, 2008, as filed with the Securities and Exchange Commission (the Report), I, Jon M. Kurtz, Principal Executive Officer, President, and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as added by 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. | To my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for
the period covered by the Report.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |     |  |                                          
|-------------------- |  | --- |  | -----------------------------------------
|Date: March 27, 2009 |  | By: |  | /s/ Jon M. Kurtz                         
|                     |  |     |  | Jon M. Kurtz, Principal Executive Officer
---

CONSENT OF EXPERT

March 4, 2008

Augusta Resource Corporation

United States Securities and Exchange Commission

Ladies and Gentlemen:

Re: Augusta Resource
Corporation

I, Thomas L. Drielick, do hereby consent
  to the filing of the written disclosure of the technical report entitled “Rosemont
  Copper Project Feasibility Study” dated August 24, 2007 for the Rosemont
  Project located in Pima County, Arizona in the Form 40-F Annual Report and the
  Annual Information Form of Augusta Resource Corporation (the “Company”)
  dated March 4, 2008.

I also consent to the use of my name in the Company’s Form 40-F Annual
  Report and Annual Information Form dated March 4, 2008.

| | By: | */s/
      Thomas L. Drielick*         
| | --- | ---------------------------------------
| |     | Thomas L. Drielick, P.E.               
| |     | Senior Vice President                  
| |     | M3 Engineering & Technology Corporation
| |     | Tucson, Arizona                        

---
[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Notices]
[Page 50129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23619]


=======================================================================
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FEDERAL RETIREMENT THRIFT INVESTMENT BOARD


Sunshine Act Meetings

Employee Thrift Advisory Council Meeting 

AGENDA:  Employee Thrift Advisory Council, November 8, 2017, 10:00 a.m. 
(In-Person), 77 K Street NE., Washington, DC 20002.

1. Approval of the minutes of the May 31, 2017 Joint Board/ETAC meeting
2. Thrift Savings Plan Statistics
3. FY18 Budget
5. Blended Retirement Update
6. Participant Survey
7. Withdrawal Project Overview
9. New Business

CONTACT PERSON FOR MORE INFORMATION:  Kimberly Weaver, Director, Office 
of External Affairs, (202) 942-1640.

    Dated: October 25, 2017.
Megan Grumbine,
General Counsel, Federal Retirement Thrift Investment Board.
[FR Doc. 2017-23619 Filed 10-26-17; 11:15 am]
BILLING CODE 6760-01-P
EXHIBIT 21

Exhibit 21 - Subsidiaries

The following is a list of all subsidiaries of the Company:



|                                                  |  |                               |  |                     |  
|------------------------------------------------- |  | ----------------------------- |  | ------------------- | -
|Name of Subsidiary                                |  | Jurisdiction of Incorporation |  | OwnershipPercentage |  
|Progressive Concepts, Inc. (acquired August 2006) |  | Texas                         |  | 100                 | %
|Teletouch Licenses, Inc.                          |  | Delaware                      |  | 100                 | %
|Visao Systems, Inc.                               |  | Delaware                      |  | 100                 | %
|TLL Georgia, Inc.                                 |  | Delaware                      |  | 100                 | %