alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Raul Ernest ALONSO-PRIETO, Plaintiff-Appellant, v. B. PIERCE, Kern County Sheriff Deputy, Defendant-Appellee.

No. 14-17557.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 20, 2016.*

Filed Jan. 27, 2016.

Raul Ernest Alonso-Prieto, South Gate, CA, pro se.

Judith M. Denny, Deputy County Counsel, Kern County Counsel’s Office, Office of the County Counsel, Bakersfield, CA, for Defendant-Appellee.

Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.

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

MEMORANDUM ***

Raul Ernest Alonso-Prieto, a former federal prisoner, appeals pro se from the district court’s judgment dismissing his action under 42 U.S.C. § 1983 and *Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics,*403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), alleging excessive force. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to prosecute, *Al-Torki v. Kaempen,*78 F.3d 1381, 1384 (9th Cir.1996), and we affirm.

The district court did not abuse its discretion by dismissing with prejudice Alonso-Prieto’s action for failure to prosecute in light of Alonso-Prieto’s failure to file a pretrial statement, even after the district court warned him that his action would be dismissed with prejudice if he did not file a pretrial statement. *See Pagtalunan v. Galaza,*291 F.3d 639, 642-43 (9th Cir.2002) (discussing the five factors for determining whether to dismiss for failure to prosecute); *Ferdik v. Bonzelet,*963 F.2d 1258, 1260 (9th Cir.1992) (although dismissal is a harsh penalty, the district court’s dismissal should not be disturbed absent “a definite and firm conviction” that it “committed a clear error of judgment” (citation and internal quotation marks omitted)). Alonso-Prieto’s contention that he failed to prosecute because he is blind is unsupported by the record.

Because we affirm the district court’s dismissal of Alonso-Prieto’s action for failure to prosecute, we do not consider Alonso-Prieto’s challenges to the district court’s interlocutory orders. *See Al-*
      *483
      *Torki,*78 F.3d at 1386 (“[Interlocutory orders, generally appealable after final judgment, are not appealable after a dismissal for failure to prosecute[.]”).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-72,551-05

IN RE HAROLD VINCENT GILMORE, Relator

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 10337 17-B IN THE 263RD DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O R D E R

Relator has filed a motion for leave to file an application for a writ of mandamus under this

Court’s original jurisdiction. He contends that he filed an application for a writ of habeas corpus in

Harris County and his application has not been properly forwarded to this Court.

Respondent, the District Clerk of Harris County, shall forward Relator’s habeas application

to this Court, respond that Relator has not filed a habeas application in Harris County, forward a

copy of an order designating issues together with correspondence documenting the date the State

received Relator’s habeas application, or forward a copy of an order establishing new deadlines in

accordance with the Supreme Court's emergency orders regarding the COVID-19 State of Disaster.

See TEX. CODE CRIM. PROC. art. 11.07, § 3(c)and (d); TEX.R.APP.P.73.4(b)(5); Twenty-Ninth
2

Emergency Order Regarding the Covid-19 State of Disaster, No. 20-9135 (Tex. Nov. 11, 2020). 

This motion for leave to file will be held. Respondent shall complywith this order within thirty days

from the date of this order.

Filed: January 27, 2021

Do not publish
Exhibit
3.5





CERTIFICATE
OF AMENDMENT


OF


CERTIFICATE
OF INCORPORATION


OF


MERRIMAN
CURHAN FORD GROUP, INC.





Merriman
Curhan Ford Group, Inc. (the “Corporation”), a corporation organized and
existing under and by virtue of the General Corporation Law of the State of
Delaware, DOES HEREBY CERTIFY:




I. 
That the Board of Directors of the Corporation has duly adopted a resolution
proposing and declaring advisable an Amendment to the Certificate of
Incorporation of the Corporation effecting a 1-for-7 reverse stock split. 
The resolution setting forth the proposed amendment is as follows:




RESOLVED,
that the Certificate of Incorporation of Merriman Curhan Ford Group, Inc. be
amended effective as of 12:01 a.m. August 16, 2010 by inserting the following
paragraph immediately after the second paragraph of Article IV
thereof:





1-for-7
Reverse Stock Split Ratio




Effective
at 4:30 p.m., New York City time, on the date of filing of this Certificate
of Amendment with the Delaware Division of Corporations (the “Reverse Split
Effective Time”), every seven issued and outstanding shares of the Common Stock
issued and outstanding shall be automatically changed and reclassified, as of
the Reverse Split Effective Time and without further action, into one fully paid
and nonassessable share of the Common Stock. No fractional share shall be issued
in connection with the foregoing reverse stock split; and all shares of Common
Stock so split that are held by a stockholder will be aggregated subsequent to
the foregoing reverse stock split and each fractional share resulting from such
aggregation of Common Stock held by such stockholder shall be exchanged for a
cash payment in U.S. dollars equal to such fraction multiplied by seven times
the average of the closing bid and asked price per share of Common Stock as
quoted on the NASDAQ Stock Market for the five trading days immediately
preceding the Effective Date. Any stock certificate that represented shares of
Common Stock immediately before the Reverse Split Effective Time shall,
automatically and without the need to surrender the same for exchange, represent
the number of shares of Common Stock immediately after the Reverse Split
Effective Time resulting from the reverse stock split.




II. 
That on August 10, 2010, the aforesaid amendments were duly adopted by
shareholder vote in accordance with the applicable provisions of Section 242 and
Section 211 of the General Corporation Law of the State of
Delaware.




IN
WITNESS WHEREOF, the Corporation has caused this Certificate of Amendment to be
signed by its authorized officer this 10th day of August, 2010.





By:
            /s/
      D. Jonathan MerrimanD.
      Jonathan MerrimanChief
      Executive Officer
Form of Irrevocable Powers of Attorney



 Exhibit 10.7 
 Irrevocable Powers of Attorney 
 Our Company, hereby irrevocably authorizes Mr. Shi Yuzhu (ID Card
No. 340103196209153519) to be the authorized representative of our company to exercise the rights set forth below during the effective term of this Power of Attorney: 
 We authorize Mr. Shi Yuzhu as the representative of our company to exercise all the shareholders’ voting rights enjoyed by our company in the shareholders meeting of Shanghai Zhengtu Network Technology Co.,
Ltd. (“Zhengtu Network”) according to the laws and the Articles of Association of Zhengtu Network. All the shareholders’ voting rights enjoyed by our company, including, but not limited to, the right to sell or transfer the
whole or any part of the shares held by our company in Zhengtu Network, and the right to appoint and elect the director, general manager and other senior management personnel of Zhengtu Network in the shareholder meeting as the authorized
representative of our company. 
 The premise of the aforesaid authorization and delegation is that the representative shall be a PRC citizen and Shanghai
Zhengtu Network Technology Co., Ltd. consents with the relevant authorization and delegation. In the case that there is requirement by Shanghai Zhengtu Network Technology Co., Ltd. to change the representative by written notice, our company will
promptly withdraw the authorization and delegation to the representative and will make the same authorization and delegation to the other PRC citizen designated by Shanghai Zhengtu Network Technology Co., Ltd. 
 This Power of Attorney lasts for ten (10) years and shall be effective on the date of execution. 
  

	
	Shanghai Lanlin Bio-technology Co.,Ltd
	Signature:
	
	Date: September 7, 2006


  

 Goliath - POA
[Federal Register Volume 67, Number 1 (Wednesday, January 2, 2002)]
[Notices]
[Page 119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32229]


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

DEPARTMENT OF STATE

[Public Notice 3870]


Culturally Significant Objects Imported for Exhibition; 
Determinations: ``Orazio and Artemisia Gentileschi: Father and Daughter 
Painters in Baroque Italy''

AGENCY: Department of State.

ACTION: Notice.

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

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236 of October 19, 1999, as amended, I hereby determine that the 
objects to be included in the exhibition ``Orazio and Artemisia 
Gentileschi: Father and Daughter Painters in Baroque Italy'' imported 
from abroad for temporary exhibition within the United States, are of 
cultural significance. The objects are imported pursuant to loan 
agreements with the foreign owners. I also determine that the 
exhibition or display of the exhibit objects at the Metropolitan Museum 
of Art, New York, NY, from on or about February 11, 2002, through May 
12, 2002, and The St. Louis Art Museum in Missouri, from on or about 
June 15, 2002, to September 15, 2002, is in the national interest. 
Public Notice of these Determinations is ordered to be published in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the exhibit objects, contact David S. Newman, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State, (telephone: 202/
619-6982). The address is U.S. Department of State, SA-44, 301 4th 
Street, SW., Room 700, Washington, DC 20547-0001.

    Dated: December 21, 2001.
Patricia S. Harrison,
Assistant Secretary for Educational and Cultural Affairs, United States 
Department of State.
[FR Doc. 01-32229 Filed 12-31-01; 8:45 am]
BILLING CODE 4710-08-P
[Federal Register Volume 66, Number 243 (Tuesday, December 18, 2001)]
[Notices]
[Page 65213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31220]


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

FEDERAL RESERVE SYSTEM


Sunshine Act Meeting

Agency Holding the Meeting: Board of Governors of the Federal Reserve 
System.

Time and Date: 10 a.m., Wednesday, December 19, 2001.
    The business of the Board requires that this meeting be held with 
less than one week's advance notice to the public and no earlier 
announcement of the meeting was practicable.

Place: Marriner S. Eccles Federal Reserve Board Building, C Street 
entrance between 20th and 21st Streets, NW., Washington, DC 20551.

Status: Open.

Matters to be Considered:
    Summary Agenda: Because of their routine nature, no discussion of 
the following items is anticipated. These matters will be voted on 
without discussion unless a member of the Board requests that the items 
be moved to the discussion agenda.
    1. Proposed 2002 Federal Reserve Bank budgets.
    2. Proposed 2002--2003 Federal Reserve Board budget.
    3. Proposed 2002--2003 Office of Inspector General's budget.


    Note: This meeting will be recorded for the benefit of those 
unable to attend.

    Cassettes will be available for listening in the Board's Freedom of 
Information Office, and copies may be ordered for $6 per cassette by 
calling (202) 452-3684 or by writing to: Freedom of Information Office, 
Board of Governors of the Federal Reserve System, Washington, D.C. 
20551.
    Contact Person for More Information: Michelle A. Smith, Assistant 
to the Board; 202-452-3204.

Supplementary Information: You may call 202-452-3206 for a recorded 
announcement of this meeting; or you may contact the Board's Web site 
at http://www.federalreserve.gov for an electronic announcement. (The 
Web site also includes procedural and other information about the open 
meeting.)

    Dated: December 14, 2001.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 01-31220 Filed 12-14-01; 11:07 am]
BILLING CODE 6210-01-P
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### The Federal Mine Safety and Health Review Commission

#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: 771-210-1887 TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

601 NEW JERSEY AVENUE, NW
 

SUITE 9500
 

WASHINGTON, DC 20001
 

October 2, 2007 

TIME AND DATE: 10:00 a.m., Thursday, October 11, 2007 

PLACE:	 The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey 

Avenue, N.W., Washington, D.C. 

STATUS: Open 

MATTERS TO BE 

CONSIDERED:	 The Commission will consider and act upon the following in open 

session: Secretary of Labor v. The American Coal Company, Docket 

Nos. LAKE 2005-129 and LAKE 2006-28. (Issues include whether 

the Administrative Law Judge erred in concluding that the operator 

violated the escapeway requirements of 30 C.F.R. 75.380(a).) 

Any person attending this meeting who requires special accessibility 

features and/or auxiliary aids, such as sign language interpreters, must 

inform the Commission in advance of those needs. Subject to 29 

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CONTACT PERSON 

FOR MORE INFO: Jean Ellen (202) 434-9950 / (202) 708-9300 for TDD Relay / 

1-800-877-8339 for toll free.
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<PAGE>   1
                                                                 EXHIBIT 2.5.2.3

ABLE TELCOM HOLDING CORP.




                                             January 11, 2000


Mr. David S. Myers
Vice President and Controller
MCI WorldCom
500 Clinton Center Drive
Clinton, Mississippi 39056


         Re: Able Telcom Holding Corp.: MCI/WorldCom Conversion of Debt to
             Equity

Dear Mr. Myers:

         This letter will serve to document our agreement of this date regarding
the conversion by WorldCom Network Services, Inc. ("WorldCom") of some or all of
the 11.5% Subordinated Promissory Note (the "Note") of Able Telcom Holding,
Corp. ("Able") dated September 1, 1998 payable to WorldCom in shares of $.001
par value common stock ("Common Stock") of Able.

         On January 12, 2000, WorldCom will deliver the Note to Able in
exchange for Able issuing 3,050,000 shares ("WorldCom Shares") of Common Stock
to WorldCom, representing less than 20% of the Common Stock outstanding
subsequent to that issuance. WorldCom will deliver a standard "for investment
letter" to Able.

         One certificate for the WorldCom Shares shall be issued and delivered
to WorldCom and such certificate shall bear the following legend:

         "These securities have not been registered under the Securities Act of
         1933, as amended, or any state's securities laws. These securities may
         not be sold, offered for sale, transferred or assigned except pursuant
         to an effective registration statement under said Securities Act, any
         applicable state securities laws or pursuant to an applicable exemption
         from such registration requirements."


           1000 Holcomb Woods Parkway, Suite 440 - Roswell GA 30076
                    Ph: (770) 993-1570 - Fax: (770) 993-8532



<PAGE>   2
Mr. David S. Myers
January 11, 2000
Page Two


     Able agrees that it will cancel the Note upon delivery of the Note to it
and will execute another note in the same form as the Note in the amount of
$4,456,250 due February 1, 2001. The portion of the Note converted is determined
based upon the January 8, 2000 closing price of Able Common Stock at $8.375 per
share.

     Please sign an original and one copy of this letter in the space indicated
below to evidence our agreement. Please return the original to me and keep the
duplicate original copy for your files.

     Should you have any questions, please contact me.

                           ABLE TELCOM HOLDING CORP.


                           By: /s/ James E. Brands
                              -----------------------
                               Name:  James E. Brands
                               Title: Executive Vice President


                           MCI WORLDCOM


                           By: /s/ David S. Myers
                              -----------------------
                               Name:  David S. Myers
                               Title: Vice President and Controller


  1000 Holcomb Woods Parkway, Suite 440  Roswell, GA 30076  Ph: (770) 993-1570
                              Fax: (770) 993-8532
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<FISCAL-YEAR-END>                          OCT-31-2000
<PERIOD-END>                               JAN-31-2000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                  749,478
<ALLOWANCES>                                    80,538
<INVENTORY>                                    861,523
<CURRENT-ASSETS>                             1,633,477
<PP&E>                                       3,970,300
<DEPRECIATION>                               2,340,771
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<CURRENT-LIABILITIES>                        1,522,427
<BONDS>                                      1,371,946
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       568,200
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 3,462,573
<SALES>                                      1,202,726
<TOTAL-REVENUES>                             1,202,726
<CGS>                                        1,011,900
<TOTAL-COSTS>                                  305,304
<OTHER-EXPENSES>                                 8,336
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              40,225
<INCOME-PRETAX>                              (146,368)
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<EPS-BASIC>                                       0.00
<EPS-DILUTED>                                        0


</TABLE>