alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DYLAN ISAAC BURSELL,

Plaintiff

- Appellant,

v.

COLLETTE PETERS; et al.,

Defendants

- Appellees. No. 20

- 35405

D.C. No. 2:18

- cv

- 01978

- HZ

MEMORANDUM *

Appeal from the United States District Court

for the District of Oregon

Marco A. Hernandez, Chief District Judge, Presiding

Submitted June 1 0 , 2021 * *

Portland, Oregon

Before: WARDLAW, TALLMAN, and HURWITZ, Circuit Judges.

Dylan Bursell appeals the summary judgment in favor of defendants for

failure to exhaust administrative remedies under the Prison Litigation Reform Act

(“PLRA”) on his Section 1983 claim over alleged secondary exposure to pepper

spray while in custody at the Eas tern Oregon Correctional Institution ( “ EOCI ” ).

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JUN 14 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2

We have jurisdiction pursuant to 28 U.S.C. § 1291, and, reviewing de novo, we

affirm. Albino v. Baca , 747 F.3d 1162, 1171 (9th Cir. 2014) (en banc).

Bursell asserts that he was not required to exhaust the prison’s

administrative grievance procedures because administrative remedies were not

“available” to him within the meaning of the PLRA. 42 U.S.C. § 1997e(a)

.

Bursell argues that because two other prisoners were ultimately denied

administrative relief ov er the same alleged pepper spray exposure, the grievance

process “operate[d] as a simple dead end” which he was not required to exhaust.

Ross v. Blake , 136 S. Ct. 1850, 1856 (2016).

The PLRA requires a prisoner to comply with the prison’s own procedures

for pursuing administrative remedies in order to properly exhaust

. Jones v. Bock

,

549 U.S. 199, 218 (20 0 7). Under EOCI’s grievance procedures, Bursell was

required to grieve the March 13, 201 8

, pepper spray exposure incident no later than

April 12, 2018. The other two prisoners’ grievances were not finally denied until

June 2018. That two other prisoners’ grievances were denied after Bursell’s

deadline to file his own grievance is not suffic ient to suggest “ that there is

something in his particular case that made the existing and generally available

administrative remedies effectively unavailable to him.” Albino , 747 F.3d at 1172 ;

see also Ross , 136 S. Ct. at 1859 (requiring “facts on the gr ound” to demonstrate

that there is “no [] potential” of relief through the grievance process) . Bursell was3

t herefore required to exhaust EOCI’s grievance procedures before filing his federal

suit.

AFFIRMED.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-6313

RONALD MCCLARY,

Plaintiff - Appellant,

v.

MITCHELL LAWSON, Nurse Supervisor; JOSEPH LIGHTSEY; NURSE 

HENDERSON; NURSE SIERRA,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Raleigh. Louise W. Flanagan, District Judge. (5:14-ct-03147-FL)

Submitted: June 28, 2017 Decided: June 30, 2017

Before WILKINSON, DUNCAN, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ronald McClary, Appellant Pro Se. Vanessa N. Totten, Assistant Attorney General, 

Raleigh, North Carolina; Nathan Douglas Childs, Elizabeth Pharr McCullough, YOUNG 

MOORE & HENDERSON, PA, Raleigh, North Carolina; Charles Houston Foppiano, 

Gary Adam Moyers, BATTEN LEE, PLLC, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Ronald McClary appeals the district court’s order and judgment granting summary 

judgment to the Defendants and dismissing McClary’s civil rights complaint. We have 

reviewed the record and find no reversible error. Accordingly, we affirm for the reasons 

stated by the district court. McClary v. Lawson, No. 5:14-ct-03147-FL (E.D.N.C. Mar. 2, 

2017). We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

AFFIRMED
[No. 55341-1-I.

Division One.

September 24, 2007.]

#### The Bedford, LLC, *Appellant,*v. Safeco Insurance Company of America, *Respondent.*

Appeal from a judgment of the Superior Court for King County, No. 02-2-16575-3, Terence Lukens, J., entered November 3, 2004. *Affirmed*by unpublished opinion per Ellington, J., concurred in by Appelwick, C.J., and Agid, J.
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 NB Manufacturing, Inc. (the “Company”) on
Form 10-K for the fiscal year ended December 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Derold
L. Kelley,  President, Chief Executive Officer, Chief Financial
Officer and Director 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,:





(1)
            The
      Report fully complies with the requirements of Section 13(a) or 15(d),as
      applicable, 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:           March
12, 2010





/s/Derold
L.
Kelley


Derold L.
Kelley


President,
Chief Executive Officer,


Chief
Financial Officer and Director
<PAGE>

                                                                    EXHIBIT 99.1

    CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and in connection with
the Quarterly Report on Form 10-QSB of GBC Bancorp, Inc. (the "Corporation") for
the quarterly period ended March 31, 2003, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned, the
Chief Executive Officer of the Corporation, certifies 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 Corporation.

                                           /s/ Larry D. Key
                                           -------------------------------------
                                           Larry D. Key, Chief Executive Officer

May 13, 2003
#### David KEENEY; Harold L. Summers, Jr.; Roscoe Tucker, Plaintiffs— Appellees, v. William J. CHARNOCK, individually and as the Kanawha County Prosecuting Attorney; Kanawha County Commission, Defendants—Appellants.

No. 06-1977.

United States Court of Appeals, Fourth Circuit.

Submitted: Feb. 14, 2007.

Decided: March 14, 2007.

Johnnie E. Brown, Jeffrey B. Brannon, Pullin, Flowler & Flanagan PLLC, Charleston, West Virginia; Mark A. Carter, Dinsmore & Shohl, LLP, Charleston, West Virginia, for Appellants. Lonnie C. Simmons, Ditrapano, Barrett & Dipiero, PLLC, Charleston, West Virginia, for Appellees.

Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

*290Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

David Keeney, Harold L. Summers, Jr., and Roscoe Tucker brought this action against Defendants William J. Charnock, individually and in his official capacity as the Kanawha County Prosecuting Attorney, and the Kanawha County Commission alleging they were terminated from their employment with the Kanawha County Prosecuting Attorney’s Office in violation of 42 U.S.C. § 1983 (2000), the First Amendment, and Article X, Section 7 of the West Virginia Constitution. Defendants moved to dismiss Plaintiffs’ complaint on the ground they are entitled to qualified immunity for Plaintiffs’ terminations. The district court denied Defendants’ motion to dismiss on the ground it was unable to determine whether Defendants were entitled to qualified immunity based on the record before it.* We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *See Keeney v. Charnock,*No. 2:05-ev-00390 (S.D.W.Va. July 26, 2006). 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.*

*

 We read the district court’s memorandum opinion and order as authorizing the Defendants to again seek dismissal on the grounds of qualified immunity following the completion of appropriate discovery.
# Percent Positive - User Note

https://www.fsis.usda.gov/wps/wcm/connect/0273bc3d-2363-45b3-befb-1190c25f3c8b/MLG-41.pdf?MOD=AJPERES

# FY2022Q2
EX-35.2
(logo) HSBC


SERVICER COMPLIANCE CERTIFICATE
PURSUANT TO ITEM 1123 OF REGULATION AB UNDER THE
SECURITIES EXCHANGE ACT OF 1934


Re: BSALTA 2007-3 (389)

I, Michael T. Stilb, Senior Vice President of HSBC Mortgage Corp. (USA) (the
"Company"), pursuant to Item 1123 of Regulation AB under the Securities Act of
1934, as pursuant to the Amended and Restated Purchase, Warranties and Servicing
Agreement, dated as of 09/01/2005 between EMC Mortgage Corporation, as Purchaser
and HSBC Mortgage Corp. (USA), hereby certify that:

1. A review of the activities of the Company from 04/01/2007 through December
   31, 2007 and of its performance under the Agreement has been made under my
   supervision; and

2. To the best of my knowledge, based on my review, the Company has fulfilled
   all of its obligations under the Agreement in all material respects
   throughout the reporting period referred to above except as set forth below:

   NONE

IN WITNESS WHEREOF, I have signed this certificate on behalf of the Company this
29th day of February, 2008.

HSBC Mortgage Corporation (USA)

By: /s/ Michael T. Stilb
Name: Michael T. Stilb
Title: Senior Vice President



HSBC Mortgage Corporation (USA)
2929 Walden Avenue, Depew, NY 14043

(logo) EQUAL HOUSING LENDER
2010-0263.

#### Tillman v. State.

Hamilton App. No. C-081276. Discretionary appeal accepted on Proposition of Law Nos. I-IV and VI-VII; cause held for the decision in 2008-2502, *State v. Bodyke,*Huron App. Nos. H-07-040, H-07-041, and H-07-042, 2008-Ohio-6387; and briefing schedule stayed.

Moyer, C.J., would not accept the appeal on Proposition of Law Nos. VI and VII.

Motion for stay of jurisdictional question denied as moot.
[Federal Register Volume 66, Number 40 (Wednesday, February 28, 2001)]
[Proposed Rules]
[Page 12747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4967]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR Part 36


Cancellation of the Meeting of the Negotiated Rulemaking 
Committee on Joint Tribal and Federal Self-Governance

AGENCY: Indian Health Service, HHS.

ACTION: Notice of Meeting Cancellation.

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

SUMMARY: On February 13, 2001, the Indian Health Service published a 
notice in the Federal Register announcing two meetings of the 
Negotiated Rulemaking Committee on Joint Tribal and Federal Self 
Governance (66 FR 10182, February 13, 2001). The first meeting, 
scheduled for February 27-28 in Washington, DC, is cancelled. The 
second meeting, scheduled for March 15-16 in San Diego, CA, will be 
held as planned at the Clarion Hotel Bay View, 660 K Street, San Diego, 
CA 92101, from 8:00 a.m.-5:00 p.m. each day.

FOR FURTHER INFORMATION CONTACT: Paula Williams, Director, Office of 
Tribal Self-Governance, Indian Health Service, 5600 Fishers Lane, Room 
5A-55, Rockville, MD 20857, Telephone 301-443-7821. (This is not a 
toll-free number.)

    Dated: February 22, 2001.
Michael H. Trujillo,
Assistant Surgeon General, Director.
[FR Doc. 01-4967 Filed 2-26-01; 12:37 pm]
BILLING CODE 4160-16-M
Uruguay - Eligible Plants Certified to Export Meat to the United States

Updated items marked with an asterisk (*)

EstForgnNBR Establishment Name Date Listed Date Delisted Date Relisted

2 Establecimientos Colonia S.A. 01/10/2002 

3 Frigorifico Carrasco S.A. (formerly Frigorifico Matadero Carrasco S.A.) 05/18/2021 

7 Frigorifico Pul (Pulsa S.A.) (formerly Pul (Pulsa S.A).) 05/18/2021 

8 Frigorifico Canelones S.A. 01/10/2002 

12 Frigorifico Tacuarembo S.A. 01/10/2002 

14 Frigorifico Durazno (Frigocerro S.A.) 01/10/2002 

20 Frigorifico Modelo S.A. (Cold Storage) 05/16/2017

22 Frigorifico Rosario (Rondatel S.A.) 05/16/2017

23 Caliral S.A. (Cold Storage) 01/10/2002

26 Frigoyi (Bilacor S.A.) 10/16/2009 

30 Establecimientos Colonia S.A. 04/03/2002 

52 Suc. Carlos Schneck S.A. 01/10/2002 

55 Inaler S.A. (Inaler S.A.) 01/10/2002 

58 Frigorifico Casa Blanca S.A. 10/04/2006 

66 Cardama S.A. 01/16/2020

74 Frigosalto (Somicar S.A.) 01/30/2020

85 Frigorifico Sirsil (Sirsil S.A.) (formerly Frigorifico Sarubbi (Sirsil S.A.) 01/10/2002 

87 Frigorifico Arbiza S.A. (Cold Storage) 01/10/2002

104 Frigorifico Las Moras (Chiadel S.A.) 01/10/2002 

135 Erel S.A. 01/10/2002 

150 Solis Meat Uruguay (Ersinal S.A.) 03/30/2005 

158 Dinolar S.A. 01/10/2002 

August 3, 2023

Page 1 of 2
Uruguay - Eligible Plants Certified to Export Meat to the United States

Updated items marked with an asterisk (*)

EstForgnNBR Establishment Name Date Listed Date Delisted Date Relisted

August 3, 2023

224 Lorsinal S.A. (formerly Frigorifico Lorsinal) 05/02/2003 

245 Copayan S.A. 01/17/2017

310 Breeders & Packers Uruguay S.A. 12/24/2010 

327 Establecimientos Juan Sarubbi S.A. 08/19/2019

344 Frigorifico San Jacinto (Nirea S.A.) 01/10/2002 

*

365 Halmon S.A. (Formerly Frigorifico Florida (Clademar S.A.) 10/02/2018

379 Frigorifico Las Piedras S.A. 01/10/2002 

394 Frigorifico La Caballada (Cledinor S.A.) 06/24/2004 

439 Frigorifico Matadero Pando (Ontilcor S.A.) 01/10/2002 

* Change in Name from FRIGORIFICO FLORIDA (CLADEMAR S.A. to HALMON S.A. Effective August 1, 2023

Page 2 of 2
Exhibit 32



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 Admiral Financial Corp., Inc. (the "Company") on Form 10-Q for the period ending September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Wm. Lee Popham, President and Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. 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 operations of the Company.



Dated: November 12, 2010





/s/ Wm. Lee Popham

Wm. Lee Popham President

Admiral Financial Corp.





/s/ Wm. Lee Popham

Wm. Lee Popham Principal Accounting Officer

Admiral Financial Corp.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS FOR THE QUARTER ENDED SEPTEMBER 30, 1998 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         129,239
<SECURITIES>                                         0
<RECEIVABLES>                                  921,127
<ALLOWANCES>                                   112,000
<INVENTORY>                                     11,000
<CURRENT-ASSETS>                             1,049,633
<PP&E>                                         466,708
<DEPRECIATION>                                 322,372
<TOTAL-ASSETS>                               3,543,099
<CURRENT-LIABILITIES>                          700,730
<BONDS>                                      2,000,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    651,000
<COMMON>                                         8,842
<OTHER-SE>                                     169,037
<TOTAL-LIABILITY-AND-EQUITY>                 3,543,099
<SALES>                                      2,072,040
<TOTAL-REVENUES>                             2,072,040
<CGS>                                        1,692,276
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             2,387,123
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             105,423
<INCOME-PRETAX>                            (2,112,782)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,112,782)
<EPS-PRIMARY>                                   (0.48)
<EPS-DILUTED>                                   (0.48)
        

</TABLE>
No. 06-15-00222-CR

IN THE COURT OF APPEALS 

FOR THE 

SIXTH JUDICIAL DISTRICT OF TEXAS 

BENJAIMIN ROBERT CAIN III, Appellant 

VS.

THE STATE OF TEXAS, Appellee 

APPEALED FROM THE 71ST DISTRICT COURT 

HARRISON COUNTY, TEXAS 

CAUSE NO. 13-0257X 

 

STATE’S MOTION TO EXTEND TIME FOR FILING APPELLEE’S BRIEF 

 

COKE SOLOMON 

CRIMINAL DISTRICT ATTORNEY 

HARRISON COUNTY, TEXAS 

P.O. BOX 776 

MARSHALL, TEXAS 75671 

(903) 935-4840 

BY: LAURA M. CARPENTER 

ASSISTANT CRIMINAL DISTRICT ATTORNEY 

BAR #08618050 

ATTORNEY FOR THE STATE 

ACCEPTED

06-15-00222-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

6/23/2016 3:51:10 PM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 6/23/2016 3:51:10 PM DEBBIE AUTREY Clerk
2

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW THE STATE OF TEXAS, Appellee herein, and pursuant to Rule 

10.5 (b), TEX.R.APP.PROC., and pursuant to the extension policies of this Court, 

makes this request to extend filing the brief in this cause and would show as follows:

I.

The deadline for filing Appellee’s brief is June 23, 2016.

II.

Appellee requests an addition seven (7) days in which to complete the brief.

III.

Appellee’s counsel has been overwhelmed with additional county duties, 

including but not limited to writ responses, mental hearings, open records responses, 

and contractual reviews, and has not had adequate time to complete her brief. 

Additionally, the motion to suppress transcript was recently provided to counsel two 

days ago which has a significant bearing on the appellant’s argument. 

III.

With a grant of an additional seven (7) days Appellee will be able to have the 

brief written and submitted to the Court.

IV.
3

There has previously been no motion filed for extension of time, or grants of time 

extended to Appellee, for the filing of Appellee’s brief.

WHEREFORE, PREMISES CONSIDERED, THE STATE OF TEXAS, Appellee, 

respectfully requests that this Honorable Court of Appeals will, upon reviewing this 

Motion, grant the extension of time for filing Appellee’s brief as requested herein, and 

for such other relief to which Appellee may be entitled.

.

Respectfully Submitted

Coke Solomon

Criminal District Attorney

Harrison County, Texas

By: /s/___Laura M. Carpenter

Laura M. Carpenter, 

Assistant District Attorney

Bar Card #08618050

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Appellee’s Brief has 

been faxed to the attorney for Appellant, Vernard Solomon, this 23rd day of June, 2016. 

/s/___Laura M. Carpenter