alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Joseph MORENO, Plaintiff-Appellant, v. Elizabeth WALSH; et al., Defendants-Appellees.

No. 13-15438.

United States Court of Appeals, Ninth Circuit.

Submitted April 7, 2014.*

Filed April 14, 2014.

Joseph Moreno, Manassas, VA, pro se.

*533Clark G. Leslie, Esquire, Deputy Assistant Attorney General, AGNV-Office of the Nevada Attorney General, Carson City, NV, for Defendants-Appellees.

Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *533*See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Former Nevada state prisoner Joseph Moreno appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants were deliberately indifferent to his safety in failing to protect him from being sexually assaulted by another inmate. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, *Toguchi v. Chung,*391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment because Moreno failed to raise a genuine dispute of material fact as to whether defendants knew of a substantial risk of serious harm to Moreno from a sexual assault by another inmate. *See Farmer v. Brennan,*511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (holding that “a prison official cannot be found liable under the Eighth Amendment ... unless the official knows of and disregards an excessive risk to inmate ... safety”); *Berg v. Kincheloe,*794 F.2d 457, 460 (9th Cir.1986) (summary judgment was proper where plaintiff had not provided evidence demonstrating that defendants “had any reason to believe” that plaintiff would be attacked).

Moreno’s contention that the district court’s improperly denied his motion for relief from retaliation is unpersuasive.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This Schedule contains Summary Financial information extracted from the
Balance Sheet as of June 30, 1997 and Statement of Income for the three months
ended June 30, 1997 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<CIK>                        0001025834 
<NAME>                       Swisher International Group Inc.
<MULTIPLIER>                                     1,000
<CURRENCY>                                          US
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               JUN-30-1997
<EXCHANGE-RATE>                                      1
<CASH>                                           6,419
<SECURITIES>                                         0
<RECEIVABLES>                                   34,301
<ALLOWANCES>                                     2,033
<INVENTORY>                                     57,618
<CURRENT-ASSETS>                               103,777
<PP&E>                                          66,596
<DEPRECIATION>                                   5,652
<TOTAL-ASSETS>                                 223,377
<CURRENT-LIABILITIES>                           33,897
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           341
<OTHER-SE>                                      64,544
<TOTAL-LIABILITY-AND-EQUITY>                   223,377
<SALES>                                              0
<TOTAL-REVENUES>                                70,669
<CGS>                                                0
<TOTAL-COSTS>                                   34,924
<OTHER-EXPENSES>                                     4
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,120
<INCOME-PRETAX>                                 17,346
<INCOME-TAX>                                     6,846
<INCOME-CONTINUING>                             10,500
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,500
<EPS-PRIMARY>                                      .31
<EPS-DILUTED>                                      .31
        


</TABLE>
#### NAUTILUS INSURANCE COMPANY, Plaintiff-Appellant, v. LEXINGTON INSURANCE COMPANY; Doe Defendants 1-10, Defendants-Appellees.

No. 10-17826.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 16, 2012.*

Filed March 28, 2014.

Roy F. Hughes, Esquire, Robert Paul Richards, Esquire, Hughes & Lafountaine, Honolulu, HI, for Plaintiff-Appellant.

Shirley Miki Kawamura, Christine Elizabeth Savage, Esquire, Randall Yama-moto, Esquire, Kawashima Lorusso, LLP, Honolulu, HI, for Defendants-Appellees.

Before: REINHARDT, THOMAS, and PAEZ, Circuit Judges.

*

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

ORDER **

In light of the Supreme Court of Hawaii’s decision addressing the certified questions in this case, the district court’s order granting summary judgment to Defendants-Appellees and denying summary judgment to Plaintiff-Appellant is VACATED. This case is REMANDED to the district court for further proceedings consistent with the Supreme Court of Hawaii’s decision in *Nautilus Insurance Co. v. Lexington Ins. Co.,*132 Hawai'i 283, 321 P.3d 634, No. SCCQ-12-0000977, 2014 WL 560805 (Haw. Feb. 13, 2014).

Each party shall bear its own costs on this appeal.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         775,854
<SECURITIES>                                         0
<RECEIVABLES>                                  987,321
<ALLOWANCES>                                         0
<INVENTORY>                                  1,924,983
<CURRENT-ASSETS>                             3,745,668
<PP&E>                                          53,586
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               3,033,453
<CURRENT-LIABILITIES>                        4,555,741
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          3
<COMMON>                                         4,614
<OTHER-SE>                                       1,496
<TOTAL-LIABILITY-AND-EQUITY>                  (922,288)
<SALES>                                      5,375,160
<TOTAL-REVENUES>                                     0
<CGS>                                        4,821,704
<TOTAL-COSTS>                                2,391,659
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             324,356
<INCOME-PRETAX>                             (2,162,559)
<INCOME-TAX>                                      (800)
<INCOME-CONTINUING>                         (2,163,359)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                318,228
<CHANGES>                                            0
<NET-INCOME>                                (1,845,131)
<EPS-PRIMARY>                                     (.65)
<EPS-DILUTED>                                        0
        

</TABLE>
*Pursuant to Local Rule 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 95-50871

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

OSCAR MARTINEZ,

Defendant-Appellant.

 

Appeal from the United States District Court

for the Western District of Texas

USDC No. SA-95-CV-498

 

October 23, 1996

Before DAVIS, EMILIO M. GARZA, STEWART, Circuit Judges.

PER CURIAM:*

Oscar Martinez appeals from the district court’s denial of his motion pursuant to 28

U.S.C. § 2255. Martinez argues that the district court erred by concluding that he was not denied

the effective assistance of counsel on appeal.

We have reviewed the record and find no reversible error. Accordingly, we affirm for the
reasons stated by the district court. See United States v. Martinez, No. SA-95-CA-498 (W.D.

Tex. Nov. 15, 1995).

AFFIRMED.
#### Charles R. HOSACK, petitioner, v. INTERNAL REVENUE SERVICE.

No. 08-8325.

May 18, 2009.

Petition for rehearing denied.
Calendar No. 504

103D CONGRESS

2D SESSION H. R. 2457

[Report No. 103–298]

AN ACT

To direct the Secretary of the Interior to conduct

a salmon captive broodstock program.

JULY 1 (legislative day, JUNE 7), 1994

Reported without amendment
II

Calendar No. 504

103D CONGRESS

2D SESSION H. R. 2457

[Report No. 103–298]

To direct the Secretary of the Interior to conduct a salmon captive broodstock

program.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 20 (legislative day, NOVEMBER 2), 1993

Received

NOVEMBER 23, 1993

Read twice and referred to the Committee on Environment and Public Works

JULY 1 (legislative day, JUNE 7), 1994

Reported by Mr. BAUCUS, without amendment

AN ACT

To direct the Secretary of the Interior to conduct a salmon

captive broodstock program.

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 ‘‘Winter Run Chinook

5 Salmon Captive Broodstock Act of 1993’’.
2

•HR 2457 RS

1 SEC. 2. ESTABLISHMENT OF SALMON CAPTIVE

2 BROODSTOCK PROGRAM.

3 (a) IN GENERAL.—Subject to subsection (d), the Sec4 retary of the Interior (hereinafter in this section referred

5 to as the ‘‘Secretary’’) shall conduct in accordance with

6 this section a salmon captive broodstock program (herein7 after in this section referred to as the ‘‘Program’’).

8 (b) PROGRAM.—The program shall be carried out in

9 a manner that is consistent with the goals, priorities, and

10 policies set forth in any recovery plan for winter run Chi11 nook salmon in the Sacramento River developed by the

12 National Marine Fisheries Service under the Endangered

13 Species Act of 1973, and with findings of consultations

14 regarding that population of salmon carried out pursuant

15 to section 7 of that Act.

16 (c) CONSULTATION.—The Secretary shall consult

17 with the Winter Run Chinook Salmon Captive Broodstock

18 Committee (a committee identified in the document enti19 tled ‘‘Biological Assessment on the Effects of Coleman

20 National Fish Hatchery Operations on Winter Run Chi21 nook Salmon’’, prepared by the United States Fish and

22 Wildlife Service) in making management decisions regard23 ing the Program.

24 (d) STATE MATCHING.—The Secretary may not im25 plement this section unless not less than 20 percent of
3

•HR 2457 RS

1 amounts necessary to conduct the Program are provided

2 by non-Federal sources.

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to the Secretary to con5 duct the Program $1,000,000 for each of fiscal years

6 1994, 1995, 1996, 1997, and 1998.

Passed the House of Representatives November 20,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE FORM
10-K OF ALUMAX INC FOR THE TWELVE MONTHS ENDED DECEMBER 31, 1997 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                              27
<SECURITIES>                                         0
<RECEIVABLES>                                      500
<ALLOWANCES>                                        13
<INVENTORY>                                        534
<CURRENT-ASSETS>                                 1,166
<PP&E>                                           3,347
<DEPRECIATION>                                   1,320
<TOTAL-ASSETS>                                   3,453
<CURRENT-LIABILITIES>                              412
<BONDS>                                            956
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                       1,621
<TOTAL-LIABILITY-AND-EQUITY>                     3,453
<SALES>                                          2,931
<TOTAL-REVENUES>                                 2,931
<CGS>                                            2,234
<TOTAL-COSTS>                                    2,638
<OTHER-EXPENSES>                                    (2)
<LOSS-PROVISION>                                     1
<INTEREST-EXPENSE>                                  58
<INCOME-PRETAX>                                    237
<INCOME-TAX>                                       204
<INCOME-CONTINUING>                                 34
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        34
<EPS-PRIMARY>                                     0.62
<EPS-DILUTED>                                     0.60
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 9
<MULTIPLIER> 1000
       
<S>                                  <C>         
<PERIOD-TYPE>                        9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           36362
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     262828
<INVESTMENTS-CARRYING>                           14992
<INVESTMENTS-MARKET>                             15292
<LOANS>                                        1145114
<ALLOWANCE>                                      18564
<TOTAL-ASSETS>                                 1484402
<DEPOSITS>                                     1118137
<SHORT-TERM>                                    225972
<LIABILITIES-OTHER>                              21822
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           111
<OTHER-SE>                                      118360
<TOTAL-LIABILITIES-AND-EQUITY>                 1484402
<INTEREST-LOAN>                                  75342
<INTEREST-INVEST>                                14433
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                 89775
<INTEREST-DEPOSIT>                               38080
<INTEREST-EXPENSE>                                7397
<INTEREST-INCOME-NET>                            44298
<LOAN-LOSSES>                                     7351
<SECURITIES-GAINS>                                 107
<EXPENSE-OTHER>                                  21001
<INCOME-PRETAX>                                  20401
<INCOME-PRE-EXTRAORDINARY>                       20401
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     12506
<EPS-PRIMARY>                                     1.47
<EPS-DILUTED>                                     1.42
<YIELD-ACTUAL>                                    8.83
<LOANS-NON>                                       9929
<LOANS-PAST>                                       129
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 17054
<CHARGE-OFFS>                                     7070
<RECOVERIES>                                      1229
<ALLOWANCE-CLOSE>                                18564
<ALLOWANCE-DOMESTIC>                             18564
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2682 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2682

To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
      coastwise trade of the United States for the vessel SHILOH.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 1993

 Mr. Hoekstra introduced the following bill; which was referred to the 
               Committee on Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL

 
To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
      coastwise trade of the United States for the vessel SHILOH.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That notwithstanding 
section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883) and 
section 12106 and 12107 of title 46, United States Code, the Secretary 
of Transportation may issue a certificate of documentation with 
appropriate endorsement for employment in the coastwise trade of the 
United States (including on the Great Lakes and their tributary and 
connecting waters in trade with Canada) for the vessel SHILOH (official 
number 902675).

                                 <all>
```
<PAGE>

                                                                      EXHIBIT 32

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report on Form 10-KSB of StateFed Financial
Corporation (the "Company") for the year ended June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Randall
C. Bray, Chairman of the Board of the Company, certify, 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 operations of the Company.


By:  /s/ Randall C. Bray
     --------------------
Name: Randall C. Bray
Chairman of the Board
September 29, 2003

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report on Form 10-KSB of StateFed Financial
Corporation (the "Company") for the year ended June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Andra
K. Black, Chief Financial Officer of the Company, certify, 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 operations of the Company.


By:  /s/ Andra K. Black
     --------------------
Name: Andra K. Black
Chief Financial Officer
September 29, 2003
# Fourth Court of Appeals
San Antonio, Texas

September 21, 2022

No. 04

- 22

- 00564

- CV

ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY

, Appellant

v.

Curtis BROWN

, Appellee

From the 224th Judicial District Court

, Bexar County, Texas

Trial Court No. 2018

- CI

- 04336 Honorable David A. Canales , Judge Presiding



### O R D E R

A copy of appellant’s notice of appeal was filed in this court on August 31, 2022. In accordance with section 51.017(a) of the Texas Civil Practice and Remedies Code, a notice of appeal must be served on each court reporter responsible for preparing the reporter’s record. T EX

. C IV

. P RAC

. & R EM

. C ODE A NN

. § 51.017(a).

The clerk of the cour t notified the appellant in writing that the certificate of service attached to the notice of appeal filed in this appeal does not certify that any court reporter was served. The clerk instructed the appellant to file an amended notice of appeal certifying proper service on the responsible court reporter(s). An amended notice of appeal has not been filed.

It is therefore ORDERED that Jacquelyn Chandler file an amended notice of appeal in compliance with section 51.017(a) within ten days from t he date of this order. If appellant fails to file an amended notice of appeal within the time provided, an order may be issued directing Ms. Chandler to appear and show cause why she should not be held in contempt for failing to file the amended notice of appeal. The clerk of this court shall cause a copy of this order to be served on Ms. Chandler by certified mail, return receipt requested, or give other personal notice of this order with proof of delivery._________________________________ Beth Watkins , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of September, 2022

.

___________________________________ MICHAEL A. CRUZ

, Clerk of Court
Exhibit32.1

** **

** **

**Certification of CEO and CFO**

**Pursuant to 18 U.S.C. Section 1350,**

**As Adopted Pursuant to**

**Section 906 of the Sarbanes-Oxley Act of 2002**

 

 

 

Inconnection with the Quarterly Report on Form 10-Q of United Investors IncomeProperties (the "Partnership"), for the quarterly period ended September 30,2008 as filed with the Securities and Exchange Commission on the date hereof(the "Report"), Martha L. Long, as the equivalent of the Chief Executive Officerof the Partnership, and Stephen B. Waters, as the equivalent of the ChiefFinancial Officer of the Partnership, each hereby certifies, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that, to the best of his knowledge:

 

(1)  The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)  The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of thePartnership.

 

 

 

 

Thiscertification is furnished with this Report pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not be deemed filed by the Partnership forpurposes of Section 18 of the Securities Exchange Act of 1934, asamended.