alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### **Subchapter D—Penalties and Forfeitures**

Sec.
5871.
Penalties.
5872.
Forfeitures.

#### **Editorial Notes**

#### Prior Provisions

A prior subchapter D, consisted of sections 5861 and 5862, prior to the general revision of this chapter by Pub. L. 90–618, title II, §201, Oct. 22, 1968, 82 Stat. 1227.
#### § 3712.2 Publication of notice.
§ 4.1127 Initial orders and decisions. An initial order or decision disposing of a case shall incorporate— ( a ) Findings of fact and conclusions of law and the basis and reasons therefore on all the material issues of fact, law, and discretion presented on the record; and
( b ) An order granting or denying relief.
### §983e. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 101–484, §7, Oct. 31, 1990, 104 Stat. 1168, which related to membership roll, was omitted from the Code as being of special and not general application.
#### Romona S. Kleinman, Respondent, v. Metropolitan Life Insurance Company, Appellant.

Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ.
Becksteadand Watts, LLP

CertifiedPublic Accountant

3340Wynn Road Suite C

LasVegas, NV 89102

702.257.1984

702.362.0540fax

 

 

 

 

February29, 2004

 

To WhomIt May Concern:

Thefirm of Beckstead and Watts, LLP, consents to the inclusion of our report ofFebruary 29, 2004, on the Financial Statements of Royal Phoenic for the yearsended December 31, 2003 and 2002, in its Form 10-KSB filing to be filed with theUS Securities and Exchange Commission.

Signed,

 

/s/Beckstead and Wats, LLP        

Becksteadand Watts, LLP
F I L E D

United States Court of Appeals

Tenth Circuit

APR 9 1997

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

LOWELL EDWARD JACKSON, JR.,

Petitioner - Appellant,

v.

G. L. HERSHBERGER, Warden,

Respondent - Appellee.

No. 96-1406

(D.C. No. 96-S-1309)

( District of Colorado)

ORDER

Before SEYMOUR, Chief Judge, PORFILIO, and MURPHY, Circuit Judges.

Lowell Edward Jackson, a federal prisoner, appeals from an order dismissing his

pro se 28 U.S.C. § 2241 habeas corpus action. The district court’s order was based on

Mr. Jackson’s failure to pay the partial filing fee of $5.00 ordered by the district court or

to show cause why he was indigent or has no means to pay the fee. On appeal, Mr.

Jackson argues he is indigent and the district court was without authority to order him to

pay the partial fee. Unfortunately for appellant he is wrong.

In 1996, Congress passed an amendment to 28 U.S.C. § 1915 under which the

district court was required to assess a partial payment of the filing fee even though it had

found Mr. Jackson was unable to prepay the entire filing fee. 28 U.S.C. § 1915(b)(1). 

Had Mr. Jackson filed the affidavit the district court requested many times of him, he
- 2 -

could have proceeded without payment of the partial fee. § 1915(b)(4). He did not

comply with any of those requests, however, and his action was properly dismissed

without prejudice. This dismissal permits Mr. Jackson to refile his petition if he complies

with the requirements of § 1915(b).

Because appellant has filed with this court a request for a “remand” and agreed to

pay the $5.00 fee in the district court, this appeal is DISMISSED. The remand shall issue

forthwith.

ENTERED FOR THE COURT

John C. Porfilio

Circuit Judge
San Mateo, CA
                                                                  August 2, 2000
                                                                  $350,000

                             SECURED PROMISSORY NOTE

For  value  received,  the  undersigned,  Hypermedia  Communications,   Inc.,  a
California  corporation  ("Borrower") promises to pay MK GVD Fund ("Lender") the
principal sum of three hundred fifty thousand dollars ($350,000),  with interest
from the date  hereof at a rate of ten  percent  (10%) per annum,  which  amount
shall be secured by all of the assets of Borrower.  Said principal  shall be due
and payable on demand by Lender, which demand may be made at any time, but in no
event shall the principal be paid later than one hundred eighty (180) days after
the date of this Note. This Note may be prepaid at any time without penalty.

In the event of liquidation,  merger, sale, or winding up of the company, Lender
shall be entitled to receive,  prior and in  preference  to any other holders of
debt or equity securities,  (except as provided in item 1. below), the principal
value of this Note plus accrued interest.

The  following is a statement of the rights of the Borrower of this Note and the
conditions to which this Note is subject,  to which the Borrower and Lender,  by
the acceptance of this Note agree:

         1.  Security  Interest  - Borrower  hereby  grants to Lender a security
interest  in all assets of  Borrower  to secure  repayment  of the  indebtedness
represented  by this Note.  Borrower  hereby  represents and agrees that it will
take all actions  contemplated above including the execution of a UCC1 financing
statement,  which for the purposes of such  execution,  Borrower hereby appoints
Lender as its attorney-in-fact to execute such UCC1 financing statement.

         2. Attorneys' Fees - If any action or proceeding  shall be commenced to
enforce  this Note or any right  arising  in  connection  with  this  Note,  the
prevailing  party in such action or proceeding shall be entitled to recover from
the other party the reasonable  attorneys' fees, costs, and expenses incurred by
such  prevailing   party  in  connection  with  such  action  or  proceeding  or
negotiation to avoid such action or proceeding.  In the event that any provision
of this Note should be deemed unlawful or unenforceable, such provision shall be
struck and the remainder  hereof shall be enforced to the fullest  extent of the
law.

         3.  Governing  Law - This Note is  issued  in and shall be  interpreted
under the laws of the State of California.

Issued this 2 day of August, 2000.

                                              Hypermedia Communications, Inc.



                                              By: __________________

                                              Title: ________________
EXHIBIT 31.1



I, Michael Frank Connor, certify that:

          1.    I have reviewed this annual report on Form 10-K/A, and all
reports on Form 8-K containing distribution or servicing reports filed in
respect of periods included in the year covered by this annual report, of
Merrill Lynch Depositor, Inc., on behalf of PreferredPLUS Trust Series NAI-1;

          2.    Based on my knowledge, the information in these reports, taken
as a whole, 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 as of the
last day of the period covered by this annual report;

          3.    Based on my knowledge, the distribution or servicing information
required to be provided to the depositor by the trustee under the pooling and
servicing, or similar, agreement, for inclusion in these reports is included in
these reports;

          4.    I am responsible for reviewing the activities performed by the
depositor and the trustee under the pooling and servicing, or similar, agreement
and based upon my knowledge and the annual compliance review required under that
agreement, and except as disclosed in the reports, the depositor and trustee
have each fulfilled its obligations under that agreement; and

          5.    The reports disclose all significant deficiencies relating to
the compliance by the depositor or trustee with the minimum servicing or similar
standards based upon the report provided by an independent public accountant,
after conducting a review in compliance with the Uniform Single Attestation
Program for Mortgage Bankers or similar procedure, as set forth in the pooling
or servicing, or similar, agreement, that is included in these reports.

     In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated parties: The Bank of New York and
its officers and agents.


Date: March 30, 2004                        /s/ Michael Frank Connor
                                            -----------------------
                                            Michael Frank Connor
                                            President
#### UNITED STATES of America, Plaintiff—Appellee, v. Tony S. HARRIS, Defendant—Appellant.

No. 05-7714.

United States Court of Appeals, Fourth Circuit.

Submitted: Feb. 23, 2006.

Decided: March 6, 2006.

Tony S. Harris, Appellant Pro Se.

Before WIDENER, NIEMEYER, and KING, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Tony S. Harris, a federal prisoner, seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2000) motion. An appeal may not be taken from the final order in a post-conviction proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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 the district court’s assessment of his constitutional claims is debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. *See Miller-El v. Cockrell,*537 U.S. 322, 336, 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 (4th Cir.2001). We have independently reviewed the record and conclude that Harris has not made the requisite showing. Accordingly, we deny Harris’s motion to stay the district court order, 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*
#### In the Matter of the Claim of Louis E. Wieder. Buffalo Evening News, Appellant; Frieda S. Miller, as Industrial Commissioner, Respondent.

Hill, P. J., Bliss, Heffernan and Schenek, JJ., concur; Crapser, J., dissents and votes to reverse and dismiss the claim.
#### Andrew W. Boitel, an Infant, by Ida Boitel, His Guardian ad Litem, Respondent, v. George B. Shilling, Appellant.

Order of the County Court of Kings county reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, upon the authority of *Fisher Malting Co.*v. *Brown*(92 App. Div. 251); *McMann v. Brown*(Id. 249); *Brown*v. *Gauss*(95 N. Y. Supp. 538); *McGrath*v. *Murtha & Schmohl Co.*(128 App. Div. 278); *Holtzoff v. Dodge & Olcott Co.*(134 id. 353). Jenks, P. J., Burr, Rich, Stapleton and Putnam, JJ., concurred.
### §6113. Disclosure of nondeductibility of contributions

#### (a) General rule

Each fundraising solicitation by (or on behalf of) an organization to which this section applies shall contain an express statement (in a conspicuous and easily recognizable format) that contributions or gifts to such organization are not deductible as charitable contributions for Federal income tax purposes.

#### (b) Organizations to which section applies

#### (1) In general

Except as otherwise provided in this subsection, this section shall apply to any organization which is not described in section 170(c) and which—

(A) is described in subsection (c) (other than paragraph (1) thereof) or (d) of section 501 and exempt from taxation under section 501(a),

(B) is a political organization (as defined in section 527(e)), or

(C) was an organization described in subparagraph (A) or (B) at any time during the 5-year period ending on the date of the fundraising solicitation or is a successor to an organization so described at any time during such 5-year period.

#### (2) Exception for small organizations

#### (A) Annual gross receipts do not exceed $100,000

This section shall not apply to any organization the gross receipts of which in each taxable year are normally not more than $100,000.

#### (B) Multiple organization rule

The Secretary may treat any group of 2 or more organizations as 1 organization for purposes of subparagraph (A) where necessary or appropriate to prevent the avoidance of this section through the use of multiple organizations.

#### (3) Special rule for certain fraternal organizations

For purposes of paragraph (1), an organization described in section 170(c)(4) shall be treated as described in section 170(c) only with respect to solicitations for contributions or gifts which are to be used exclusively for purposes referred to in section 170(c)(4).

#### (c) Fundraising solicitation

For purposes of this section—

#### (1) In general

Except as provided in paragraph (2), the term "fundraising solicitation" means any solicitation of contributions or gifts which is made—

(A) in written or printed form,

(B) by television or radio, or

(C) by telephone.

#### (2) Exception for certain letters or calls

The term "fundraising solicitation" shall not include any letter or telephone call if such letter or call is not part of a coordinated fundraising campaign soliciting more than 10 persons during the calendar year.

(Added Pub. L. 100–203, title X, §10701(a), Dec. 22, 1987, 101 Stat. 1330–457.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 6113 was renumbered 6116 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Pub. L. 100–203, title X, §10701(d), Dec. 22, 1987, 101 Stat. 1330–459, provided that: "The amendments made by this section [enacting this section and section 6710 of this title and renumbering former section 6113 as section 6114 of this title] shall apply to solicitations after January 31, 1988."
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


         In connection with the Quarterly Report of MEDTOX Scientific, Inc. (the
"Company") on Form 10-Q for the quarter ended September 30, 2002 as filed with
the Securities and Exchange Commission (the "Report"), I, Richard J. Braun,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350,
as adopted pursuant to ss.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 14, 2002                      By:   /s/ Richard J. Braun
                                                      -----------------------
                                                      Richard J. Braun
                                                      Chief Executive Officer
272 West Central Avenue ♦ Springboro, OH ♦ 45066 

NMLS 126841 Phone: (937) 748-8888 ♦ Fax: (937) 748-9358 ♦ Toll Free: (888) 305-2342 MB.802955.000

UAS Safety & Flight Operating Procedures

1) Confirm any proposed operation conforms to the FAA Exemption

2) Confirm any proposed operation conforms to the ATO COA

3) Verify PIC has commercial pilot certificate and valid 3rd class medical certificate

4) Verify PIC has met currency requirements

5) File NOTAM between 48-72 hours of planned flight operation

6) Confirm all operating and exemption documents are available and onsite during flight 

operations

7) Obtain a weather briefing for the area of operations

8) Obtain written permission from any property owners affected by the flight operation 

9) Visually review the area of flight operations for potential hazards to flight, property or 

persons

10) Preflight the aircraft in accordance with the manufacturers’ operating documents

11)Confirm batteries are charged to 100% of capacity

12) Monitor flight operations to assure altitude restrictions are adhered to

13) Monitor flight operations to assure required distance of UAS from property, vessels, and 

people are maintained at all times

14) Assure all flight operations are terminated with mandated power reserves

15) Log required flight time, exceptions to flight and any maintenance issues

This document may be amended from time to time as required by the FAA, changes in operating 

procedures or manufacturers’ operating instructions. 

Dennis M. Fisher

President
EXHIBIT32.1

 

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION1350,

ASADOPTED PURSUANT TO

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Annual Report of Fortis Enterprises (the"Company") on Form 10-KSB for the period ended December 31, 2003, asfiled with the Securities and Exchange Commission on the date hereof (the"Report"), I, Stephen W. Carnes, President and Chief AccountingOfficer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

-  The    Report fully complies with the requirements of Section 13(a) or 15(d) of the    Securities Exchange Act of 1934; andThe    information contained in the Report fairly presents, in all material    respects, the financial condition and results of operations of the Company.
/s/Stephen W.Carnes                           

StephenW. Carnes

Presidentand Chief Accounting Officer

March30, 2004
EXHIBIT
32.1





Certifications
Pursuant to 18 U.S.C. Section 1350 As Adopted


Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002








I, Adam
Mauerberger, President, Chief Executive Officer, Chief Financial Officer and
Treasurer of Atlantic Wine Agencies, Inc. (the "Company"), certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350,
that:





(1) the
Annual Report on Form 10-KSB of the Company for the year ended March 31, 2008
(the "Report") fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended (15 U.S.C. 78m or 78o(d));
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:
July 14, 2008








/s/ Adam
Mauerberger


Adam
Mauerberger


President,
Chief Executive Officer and Acting Principal Accounting Officer
WHY BE CONCERNED?

END (exotic Newcastle disease) is a deadly “Bird flu” (avian influenza-AI)disease that can spread quickly and kill most birds.

is a contagious

There is sick and dying birds.State and Federal veterinarians want to hear aboutdisease outbreak.are the most important steps in eradicating a other nearby birds. Early detection and reportingor kill your birds, it could spread quickly and killas END or the highly pathogenic form of AI harmNot only could an outbreak of a bird disease suchviral disease that can infect many types of birds.

no charge for U.S. Department of

you to conduct a disease investigation.Agriculture (USDA) veterinarians to work with 

Program Aid No. 1804USDA is an equal opportunity provider and employer.Animal and Plant Health Inspection ServiceUnited States Department of Agriculture

For more information, visit

http://www.aphis.usda.gov/vs 

on the Web.

or know someone 

If you own birds 

Y

who does... 

read this! 

ou need to

You are the best protection your birds have.

tri-fold tract finalENG 11/19/04 9:54 AM Page 1
REPORT

Sick Birds.

• USDA-Veterinary Services’ toll-free hotline • The State Veterinarian, or • Local veterinarian, or • Your local cooperative extension office, orDon’t wait. If your birds are sick or dying, call

(1-866-536-7593).

for Signs.

LOOK

• Sneezing, gasping for air, coughing, and nasal• Sudden increase in bird deaths in your flockDiseases.Know the Warning Signs of Infectious Bird

discharge

• Drop in egg production or soft- or thin-shelled,• Lack of energy and poor appetite• Watery and green diarrhea

misshapen eggs 

• Purple discoloration of the wattles, combs, and• Swelling around the eyes, neck, and head

legs (AI)

• Tremors, drooping wings, circling, twisting of

the head and neck, or lack of movement (END)

spread of disease.Early detection is important to prevent the

Backyard Biosecurity.

PRACTICE

• If visitors have birds of their own, do not let• Limit traffic to and from your property.Protect your birds:

them near your birds.

• Wash hands thoroughly before entering the bird

hands, egg trays, or flats often.area. Clean and disinfect your shoes, clothes,

• Do not share lawn and garden equipment, tools,

bird owners.or poultry supplies with your neighbors or other

• Avoid visiting other poultry farms or bird owners

when possible.

• Keep new birds separate from the rest of your

flock.

• If you have been near other birds or bird owners

and equipment before going home.and truck tires and wheel wells, poultry cages,(e.g., at a feed store), clean and disinfect car

You are the best protection your birds have.

tri-fold tract finalENG 11/19/04 9:54 AM Page 4
EXHIBIT 3(i).8
 
 Certificate of the Powers, Designations, Preferences and Relative, Participating, Optional
and Other Special Rights of the
 Series E Redeemable Preferred Stock
 of
 EasyLink Services International Corporation
 
     Designation and Number




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Definitions
  Period Beginning May 19,
    
    and Ending May 18,
    
    Rate2009
    
    2010
    
    10%2010
    
    2011
    
    12%2011
    
    2012
    
    14%
       -2-




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Dividends
 th Dividend Payment Date th Cash
Dividends
 Non-Payable Portion
  Liquidation Preference
  -3-




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Voting Rights
 Redemption of the Series E Preferred
       -4-




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Special Consent Rights
   General
   [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
  -5-




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EASYLINK SERVICES INTERNATIONAL CORPORATIONBy:
    /s/ Thomas J. StallingsThomas J. StallingsChief Executive Officer ATTEST:By:
    /s/ Glen E. ShipleyGlen E. Shipley