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NOT FOR PUBLICATION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

KULEANA, LLC, a Washington limited

liability company; HAROLD E.

JOHNSON, a single man,

 Plaintiffs - Appellants,

 v.

DIVERSIFIED WOOD RECYCLING,

INC., a Washington corporation,

 Defendant - Appellee.

No. 09-35811

D.C. No. 2:09-cv-00114-EFS

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of Washington

Edward F. Shea, United States District Judge, Presiding

Submitted June 8, 2010** 

Seattle, Washington

Before: CANBY, CALLAHAN and IKUTA, Circuit Judges.

FILED

JUN 10 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

The district court did not err in dismissing Kuleana’s complaint for failure to

state a claim. Kuleana failed to show that Diversified’s use of the court system to

foreclose a lien constituted state action. See Bell Atl. Corp. v. Twombly, 550 U.S.

544, 555 (2007). The complaint did not allege that the state statute or the state

court procedures were unconstitutional or violated Kuleana’s rights. See

Edmonson v. Leesville Concrete Co., Inc., 500 U.S. 614, 620–21 (1991); Tulsa

Prof’l Collection Sers. v. Pope, 485 U.S. 478, 491 (1988). Nor are Diversified’s

actions fairly attributable to the state, because there was no joint action between

Diversified and the state court. See Collins v. Womancare, 878 F.2d 1145, 1154

(9th Cir. 1989). The complaint did not allege conspiracy or concerted action. See

Howerton v. Gabica, 708 F.2d 380, 383 (9th Cir. 1983). The allegation that a

private party misused state procedures outlined in a state statute is not enough to

establish state action, “even though the procedures themselves required the

involvement of the county clerk” or other state official. Id. at 384 n.9. And,

“merely resorting to the courts and being on the winning side of a lawsuit does not

make a party a co-conspirator or a joint actor with the judge.” Dennis v. Sparks,

449 U.S. 24, 28 (1980). 
3

Because Kuleana failed to establish state action, the complaint failed to

allege a violation of the Fourteenth Amendment and also failed to satisfy the

under-color-of-law requirement of § 1983. See Collins, 878 F.2d at 1148.

Diversified’s request for attorneys’ fees is denied because Kuleana’s claims

are not “vexatious, frivolous, or brought to harass or embarrass the defendant.” 

Hensley v. Eckerhart, 461 U.S. 424, 429 n.2 (1983). 

AFFIRMED.
#### UNITED STATES of America, Plaintiff-Appellee, v. Travis Lequinn SARVIS, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Travis Lequinn Sarvis, Defendant-Appellant.

Nos. 10-7251, 10-7389.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 16, 2010.

Decided: Dec. 29, 2010.

Travis Lequinn Sarvis, Appellant Pro Se. Alfred William Walker Bethea, Jr., Assistant United States Attorney, Florence, South Carolina, for Appellee.

Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Travis Lequinn Sarvis appeals the district court’s orders reducing his sentence pursuant to the Government’s Fed. R.Crim.P. 35(b) motion and denying Sarvis’ motion for a further reduction. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s orders. 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.

*AFFIRMED.*
IN THE SUPREME COURT OF PENNSYLVANIA 

EASTERN DISTRICT 

COMMONWEALTH OF PENNSYLVANIA, 

 Respondent 

 v. 

CHARLES ANDREWS, 

 Petitioner 

:

:

:

:

:

:

:

:

:

:

:

No. 581 EAL 2015 

Petition for Allowance of Appeal from 

the Order of the Superior Court 

ORDER 

PER CURIAM 

AND NOW, this 22nd day of December, 2015, the Petition for Allowance of 

Appeal is DENIED.
#### UNITED STATES of America, Plaintiff-Appellee, v. Octavius S. CLINE, a/k/a Toby, Defendant-Appellant.

No. 08-6044.

United States Court of Appeals, Fourth Circuit.

Submitted: May 22, 2008.

Decided: May 29, 2008.

Octavius S. Cline, Appellant Pro Se. Regan Alexandra Pendleton, Assistant United States Attorney, Greenville, South Carolina, for Appellee.

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Octavius S. Cline seeks to appeal the district court’s order denying his Fed. R.Civ.P. 60(b) motion * for reconsideration of the district court’s order denying relief on his 28 U.S.C. § 2255 (2000) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000); *Reid v. Angelone,*369 F.3d 363, 369 (4th Cir.2004). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. *Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Cline has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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.

*DISMISSED.*

*

 Cline originally filed his motion under Fed. R.Civ.P. 59(e). Because the motion was untimely as a Rule 59 motion, the district court construed the motion under Fed.R.Civ.P. 60(b).
<PAGE>

                    COMMERCIAL NATIONAL FINANCIAL CORPORATION

Exhibit 31.1
CERTIFICATIONS

I, Jeffrey S. Barker, Chief Executive Officer, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Commercial National
Financial Corporation;

2. Based on my knowledge, this quarterly 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 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 we 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) (paragraph omitted pursuant to SEC Release Nos. 33-8238 and 34-47986)

   c) 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

   d) 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 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 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 function):

   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: November 5, 2004

/s/ Jeffrey S. Barker
_____________________
Jeffrey S. Barker
President and Chief Executive 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.                  

###### National Credit Union Administration

# FOR FURTHER INFORMATION CONTACT:

Becky Baker, Secretary of the Board, Telephone 703-518-6304.

Becky Baker,

Secretary of the Board.

[FR Doc. 01-3632  Filed 2-8-01; 2:00 pm]

BILLING CODE 7535-01-M
EXHIBIT 31.1








Certification of Chief Executive Officer


I, Carl Spana, certify that:


1.
 I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Palatin Technologies, Inc.; and


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.


Date: August 1, 2016








/s/ Carl Spana
 Carl Spana, President and Chief Executive Officer
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-17-00222-CR

JARROD MICHAEL TAYLOR, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 5th District Court

Cass County, Texas

Trial Court No. 2017F00166

Before Morriss, C.J., Moseley and Burgess, JJ.

Memorandum Opinion by Justice Burgess
2

MEMORANDUM OPINION

After a jury convicted Jarrod Michael Taylor of indecency with a child by contact, the trial 

court sentenced him to twenty years’ imprisonment, and Taylor appealed. Taylor also appeals 

from his convictions for (1) sexual assault of a child in companion case number 06-17-00215-CR, 

(2) six counts of online solicitation of a minor in companion cause numbers 06-17-00216-CR

through 06-17-00221-CR, and (3) another count of indecency with a child by contact in companion 

cause number 06-17-00223-CR. Taylor has filed a single brief in which he raises issues common 

to all of his appeals. 

Specifically, Taylor argues, in a conclusory manner, that the evidence is legally insufficient 

to support the jury’s verdict of guilt. He also argues that the trial court erred in failing to excuse a 

juror who knew the victim and in denying his request for an instruction on the affirmative defense 

of insanity. We addressed these issues in detail in our opinion of this date on Taylor’s appeal in 

cause number 06-17-00215-CR. For the reasons stated therein, we likewise conclude that Taylor 

failed to adequately brief his first point of error, cannot demonstrate error in the trial court’s 

decision to retain the juror, and raised no evidence entitling him to an instruction on the defense 

of insanity. 

We affirm the trial court’s judgment.

Ralph K. Burgess

Justice

Date Submitted: July 23, 2018

Date Decided: July 31, 2018

Do Not Publish
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 Defense

###### Department of the Navy 

# AGENCY:

Department of the Navy, DOD. 

# ACTION:

Notice. 

# SUMMARY:

The Department of the Navy hereby gives notice of prospective licenses to Cummins Industries, Inc. to the Government-owned inventions described in U.S. Patent Serial No. 09/533,954 entitled, “Chemical Warfare Agent Decontamination Foaming Composition and Method,” filed March 22, 2000, Navy Case No. 82169, U.S. Patent Serial No. 09/606,113 entitled, “Method of Neutralizing Organophosphorous Agricultural Chemicals,” filed June 8, 2000, Navy Case No. 82170, and U.S. Patent Serial No. 09/573,152 entitled, “Decontamination Solution and Method,” filed May 19, 2000, Navy Case No. 82505. 

# DATES:

Anyone wishing to object to the granting of these licenses must file written objections along with supporting documents, if any, not later than April 16, 2001. 

# ADDRESSES:

Written objections are to be filed with the Office of Patent Counsel, Naval Surface Warfare Center, Dahlgren Laboratory, CD222, 17320 Dahlgren Road, Dahlgren, VA 22448-5100. 

# FOR FURTHER INFORMATION CONTACT:

James B. Bechtel, Esq., Patent Counsel, Naval Surface, Warfare Center, Dahlgren Laboratory, Code CD222, telephone: (540) 653-8061, fax: (540) 653-7816, or email: BechtelJB@nswc.navy.mil. 

**Authority:**35 U.S.C. 207, 37 CFR Part 404. 

Dated: February 2, 2001. 

J. L. ROTH, 

Lieutenant Commander, Judge Advocate General's Corps,, U.S. Navy, Federal Register Liaison Officer.

[FR Doc. 01-3680 Filed 2-13-01; 8:45 am] 

BILLING CODE 3810-FF-U
I

103D CONGRESS

1ST SESSION H. R. 1855

Making appropriations for the House of Representatives Members’ Personal

Physician for the fiscal year ending September 30, 1994, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 26, 1993

Mr. INGLIS of South Carolina introduced the following bill; which was referred

to the Committee on Appropriations

A BILL

Making appropriations for the House of Representatives

Members’ Personal Physician for the fiscal year ending

September 30, 1994, 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 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Legislative Branch for the fiscal year ending September

6 30, 1994, and for other purposes, namely.

7 MEMBERS’ PERSONAL PHYSICIAN

8 No funds shall be appropriated, reprogrammed, used,

9 obligated, or otherwise provided to continue the Members’
2

HR 1855 IH

1 Personal Physician during the fiscal year ending Septem2 ber 30, 1994.

Æ
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-41255

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

DAVID RODRIGUEZ-VILLAREAL, also known as David Rodriguez, also 

known as Abrams,

Defendant-Appellant

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:15-CR-36-1

Before DENNIS, PRADO, and OWEN, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent David Rodriguez-Villareal has 

moved for leave to withdraw and has filed a brief in accordance with Anders 

v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 

(5th Cir. 2011). Rodriguez-Villareal has not filed a response. We have 

reviewed counsel’s brief and the relevant portions of the record reflected 

 

* 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

Fifth Circuit

FILED

December 20, 2016

Lyle W. Cayce

Clerk

 Case: 15-41255 Document: 00513804108 Page: 1 Date Filed: 12/20/2016
No. 15-41255

2

therein. We concur with counsel’s assessment that the appeal presents no 

nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave 

to withdraw is GRANTED, counsel is excused from further responsibilities 

herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 15-41255 Document: 00513804108 Page: 2 Date Filed: 12/20/2016
Exhibit 32.1  CERTIFICATION  PURSUANT TO THE SARBANES-OXLEY ACT 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002   I, Francis L. Simola, Chairman, President and CEO of PowerCold Corporation (the Company) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:  1.  This Quarterly Report on Form 10-Q of the Company for the period ended March 31, 2006 as filed with the Securities and Exchange Commission (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:August 18, 2006  /s/ Francis L. Simola Francis L. Simola Chairman, President and CEO
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##### 



Exhibit 32.1
 LODGENET ENTERTAINMENT CORPORATION
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
AND CHIEF FINANCIAL OFFICER PURSUANT TO
18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002
   
    
    the Report fully complies with the requirements of Section 13(a) 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 LodgeNet.
  /s/ Scott C. PetersenScott C. PetersenChief Executive Officer /s/ Gary H. RitondaroGary H. RitondaroChief Financial Officer LodgeNet Entertainment Corporation
    
    
    
    Form 10-K 2006
##### 



Exhibit 23.1 CONSENT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (No. 333-88958) and
Form S-8 (Nos. 333-75908, 33-75906, 333-84974 and 33-86532) of LodgeNet Entertainment Corporation of our report dated March 10,
2005 relating to the financial statements, financial statement schedule, managements assessment of the effectiveness of internal
control over financial reporting and the effectiveness of internal control over financial reporting, which appears in this Form 10-K. PricewaterhouseCoopers LLP
Minneapolis, Minnesota
March 14, 2005