alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
REPORT/ RECOMMENDATION TO THE BOARD OF COMMISSIONERS OF

ARAPAHOE COUNTY PUBLIC AIRPORT AUTHORITY AND 

RECORD OF ACTION

August 11, 2011 

 

FROM: Robert P. Olislagers, Executive Director

SUBJECT: Epic Aviation Services, LLC

RECOMMENDATION: Motion to Rescind or Terminate the Operating Permit for Epic Aviation, LLC

effective 8/21/2011. 

BACKGROUND: On February 10, 2011 the Arapahoe County Public Airport Authority (“Authority”) 

approved the application from Epic Aviation, LLC (“Epic”) through its 100% 

owner/member, Scott Amore, to conduct aircraft maintenance and avionics services 

at Centennial Airport. The Authority also approved and entered the Agreement 

Under Standards (“Operating Permit”) on that same date. 

On April 22, 2011, Mr. Amore advised the Authority that he had sold Epic to a Ms. 

Della Rosell. At that time, the Authority orally requested additional information 

from Ms. Rosell to determine if she had the credentials to operate the business as 

well as the credentials of the employee who would be replacing Mr. Amore’s 

avionics expertise. When that information was not forthcoming, the Authority 

followed-up with written requests. 

Due to lack of response to said request, on July 15 2011, the Authority issued a 30-

day Notice of Termination to Ms. Della Rosell and Epic, again requesting the 

evidence of proper credentials to operate Epic. A response was provided through 

her attorney on July 29. It included a CV for Ms. Rosell, as well as the credentials 

of Mark May and several “contract” A&P mechanics and one proposed new-hire. 

The information indicates that Mark May is a part-time mechanic and full-time 

supervisor. 

Upon review of this information, the staff has determined that Ms. Rosell, is not 

qualified to operate an aircraft and avionics maintenance operation pursuant to the 

Authority’s Minimum Standards, Part 3 “Certifications & Experience Information”. 

Ms. Rosell, whose primary skills relate to office management, does not have the 

required Federal Aviation Administration certifications to conduct the services for 

which the permit was issued. 

It is the opinion of staff that Mr. Mark May is the de facto operator of Epic and that 

Ms. Rosell serves a “paper” role only. Since Ms. Rosell is not qualified to operate 

this business and does not staff the business with enough employees who are 

properly certificated by the FAA for the activities listed in the Operating Permit,

staff recommends that the Board either rescind or terminate the Operating Permit

for Epic effective 8/21/2011. 

FINANCIAL DATA: Refund of unused fees in the amount of $250 may be required.

EXHIBIT I
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# SECY-15-0085, Evaluation of the Containment Protection and Release Reduction for Mark I and Mark II Boiling Water Reactors Rulemaking Activities

Accession Number: ML15022A218

Date Released: Thursday, June 25, 2015

Package Contents

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    - ML15005A079 - SECY-15-0085:  Evaluation of the Containment Protection and Release Reduction for Mark I and Mark II Boiling Water Reactors Rulemaking Activities (12 page(s), 6/18/2015)
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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-30262

Summary Calendar

COREY HOLDER,

Petitioner-Appellant

v.

M. SEPANEK, Warden, USP Big Sandy,

Respondent-Appellee

Appeals from the United States District Court

for the Western District of Louisiana

USDC No. 5:12-CV-2275

Before HIGGINBOTHAM, JONES, and COSTA, Circuit Judges.

PER CURIAM:*

Corey Holder seeks a certificate of appealability (COA) to appeal the 

district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition, 

challenging his 2007 Louisiana convictions for armed robbery with a firearm 

and resulting life sentences. He seeks to renew his claims that counsel was 

ineffective in failing to suppress the results of DNA testing because the search 

 

* 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

October 4, 2017

Lyle W. Cayce

Clerk

 Case: 16-30262 Document: 00514183120 Page: 1 Date Filed: 10/04/2017
No. 16-30262

2

warrant was invalid and in failing to pursue his Batson1 claim further, and he 

argues that the district court erred in denying his postjudgment motion. 

This court must examine the basis of its jurisdiction, sua sponte, if 

necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Federal habeas 

proceedings are civil in nature, and “the timely filing of a notice of appeal in a 

civil case is a jurisdictional requirement.” Bowles v. Russell, 551 U.S. 205, 214 

(2007). Holder did not file a timely notice of appeal from the denial of his 

habeas petition. Instead, 30 days after the entry of judgment, he filed a motion 

for reconsideration, which motion must be treated as a FED. R. CIV. P. 60(b) 

motion. See Harcon Barge Co. v. D & G Boat Rentals, Inc., 784 F.2d 665, 667 

(5th Cir. 1986) (en banc). Although Holder filed a timely notice of appeal from 

the denial of his Rule 60(b) motion, it “does not bring up the underlying 

judgment for review.” Bailey v. Cain, 609 F.3d 763, 767 (5th Cir. 2010). 

Therefore, this court lacks jurisdiction to consider the district court’s 

underlying denial of habeas relief. See id. 

Additionally, Holder’s Rule 60(b) motion challenged the district court’s 

merits resolution of his § 2254 petition. Consequently, it was an unauthorized 

successive § 2254 application. See Gonzalez v. Crosby, 545 U.S. 524, 531-32 

(2005). Because the district court lacked jurisdiction to consider such a motion, 

we lack jurisdiction to review the denial of Holder’s Rule 60(b) motion on the 

merits. See United States v. Key, 205 F.3d 773, 774-75 (5th Cir. 2000).

Accordingly, the appeal is DISMISSED for lack of jurisdiction. The 

motions for COA and for leave to appeal in forma pauperis are DENIED AS 

MOOT.

 

1 Batson v. Kentucky, 476 U.S. 79 (1986).

 Case: 16-30262 Document: 00514183120 Page: 2 Date Filed: 10/04/2017
Exhibit 99.2
Statement of Chief Financial Officer

Pursuant to Section 1350 of Title 18 of the United States Code

 

Pursuant to Section 1350 of Title 18 of the United States Code, I, Dale G. Rettinger, the Chief Financial Officer of Petroleum Development Corporation, the managing general partner of 2002-A Limited Partnership (the "Partnership"),  hereby certify that: 
- I have reviewed the Quarterly Report on Form 10-Q of the Partnership (the "Report") to which this statement is an Exhibit;
- the Report fully complies with the requirements of section 13(a) or 15(d) 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 the Partnership.

 

 

___/s/ Dale G. Rettinger                             

Name: Dale G. Rettinger

Title: Chief Financial Officer

Date: ___May 14, 2003          _________
#### Alexander Walker, Respondent, v. O. J. Gude Company, Appellant.

Judgment and order affirmed, with costs. No opinion. Opinion. Present—Clarke,.P. J., McLaughlin, Laughlin, Dowling and Page, JJ.; Clarke, P. J., dissented.
§ 1306.1 Scope and application. ( a ) In this part 1306, the Commission declares lawn darts, described in § 1306.3, to be banned hazardous products.
( b ) Lawn darts and similar products that are articles intended for use by children are not covered by this ban, but are banned under the Federal Hazardous Substances Act at 16 CFR 1500.18(a)(4).
### **CHAPTER 115—CHILD DEVELOPMENT ASSOCIATE SCHOLARSHIP ASSISTANCE PROGRAM**

Sec.
10901.
Authority of Secretary to make grants.
10902.
Application for grants.
10903.
Definitions.
10904.
Annual report by States; contents; manner of payments pursuant to grants.
10905.
Authorization of appropriations.
---

---

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 Quarterly
Report of ACRO Inc. (the Company) on Form 10-Q for the period ending March 31,
2008, as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Gadi Aner, the Chief Executive Officer (Principal Executive
Officer) 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 my knowledge 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/ Gadi AnerGadi AnerChief Executive Officer(Principal Executive Officer)
| |  | --------------------------------------------------------------------------------------------

Date: May 14, 2008



---

---
#### § 2.33 Compliance procedure.

The Commission may in its discretion require that a proposed agreement containing an order to cease and desist be accompanied by an initial report signed by the respondent setting forth in precise detail the manner in which the respondent will comply with the order when and if entered. Such report will not become part of the public record unless and until the accompanying agreement and order are accepted by the Commission. At the time any such report is submitted a respondent may request confidentiality for any portion thereof with a precise showing of justification therefor as set out in § 4.9(c) and the General Counsel or the General Counsel's designee will dispose of such requests in accordance with that section.

[63 FR 32977, June 17, 1998]
#### Archibald Brown v. Hugo Stinnes Corporation.

Motion for leave to appeal to the Court of Appeals and for a stay granted. Settle order on notice. Present — -Dore, J. P., Callahan, Breitel and Bergan, JJ. [See *ante,*p. 183.]
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 Quarterly Report of Premier Wealth Management, Inc. (the
      "Company") on Form 10-QSB for the three months period ending September 30,
      2007,
      as filed with the Securities and Exchange Commission (the "Report"), the
      undersigned, Nigel Gregg, Chief Executive Officer of the Company, certifies
      to
      the best of his knowledge, 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, as amended; 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:
      November 19, 2007




Nigel
      Gregg


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


         The undersigned  executive officers of the Registrant hereby certify to
the best of their  knowledge that this  Quarterly  Report on Form 10-QSB for the
quarter ended March 31, 2005 (the "Report") fully complies with the requirements
of  Section  13(a) or  15(d) 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 the Registrant.



Date: May 16, 2005                  By:    /s/William M. Tandy
                                           -----------------------------
                                           Name: William M. Tandy
                                           Title:Chief Executive Officer




Date: May 16, 2005                  By:    /s/Michael D. Wortham
                                           -----------------------------
                                           Name: Michael D. Wortham
                                           Title:Chief Financial Officer
Exhibit 99.2
Statement of Chief Financial Officer

Pursuant to Section 1350 of Title 18 of the United States Code

 

Pursuant to Section 1350 of Title 18 of the United States Code, I, Dale G. Rettinger, the Chief Financial Officer of Petroleum Development Corporation, the managing general partner of 2002-C Limited Partnership (the "Partnership"),  hereby certify that: 
- I have reviewed the Quarterly Report on Form 10-Q of the Partnership (the "Report") to which this statement is an Exhibit;
- the Report fully complies with the requirements of section 13(a) or 15(d) 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 the Partnership.

 

 

___/s/ Dale G. Rettinger                             

Name: Dale G. Rettinger

Title: Chief Financial Officer

Date: ___May 14 2003          _________
Exhibit 32.2





Certification Pursuant to


18 U.S.C. Section 1350


by Principal Accounting Officer





In connection with the Quarterly Report of VSB Bancorp, Inc. (the “Company”) on Form 10-Q for the period ending June 30, 2010 as filed with the Securities and Exchange Commission on or about the date hereof (the “Report”), I, Jonathan B. Lipschitz, Vice President, Controller and Principal Accounting Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, 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.





Date: August 10, 2010/s/ Jonathan B. LipschitzJonathan B. LipschitzVice President, Controller and Principal Accounting Officer





A signed original of this written statement has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
#### Faith Selchick et al., Appellants, v Automobile Insurance Company of Hartford, Connecticut, Respondent, et al., Defendant.

[822 NYS2d 575]

In an action for a judgment declaring that the defendant Automobile Insurance Company of Hartford, Connecticut, is obligated to defend and indemnify the defendant Warren Selchick in an underlying personal injury action entitled *Selchick v Schultz Ford,*pending in the Supreme Court, Rockland County, under index No. 6220/02, the plaintiffs appeal from an order of the Supreme Court, Rockland County (Garvey, J.), dated April 18, 2005, which denied their motion for summary judgment and granted that branch of the cross motion of the defendant Automobile Insurance Company of Hartford, Connecticut, which was to dismiss the complaint pursuant to CPLR 3211 (a) (7) insofar as asserted against it.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs’ contention, their right to maintain this action against the defendant Automobile Insurance Company of Hartford, Connecticut (hereinafter AIC), is subject *925to the provisions of Insurance Law § 3420 *(see Lang v Hanover Ins. Co.,*3 NY3d 350 [2004]). As the plaintiffs did not obtain a judgment against the defendant Warren Selchick, which remained unsatisfied for 30 days, the plaintiffs cannot maintain a direct action against AIC, and we do not address the merits of the coverage issue *(see Lang v Hanover Ins. Co., supra; Evans v Prudential Fin., Inc.,*23 AD 3d 993 [2005]; *Geissler v Liberty Mut. Ins. Co.,*23 AD3d 432 [2005]). Miller, J.P., Adams, Skelos and Covello, JJ., concur.
### **CHAPTER 45—CONTRACT FINANCING**

Sec.
4501.
Authority of executive agency.
4502.
Payment.
4503.
Security for advance payments.
4504.
Conditions for progress payments.
4505.
Payments for commercial products and commercial services.
4506.
Action in case of fraud.

#### **Editorial Notes**

#### Amendments

**2018**—Pub. L. 115–232, div. A, title VIII, §836(b)(18)(B)(ii), Aug. 13, 2018, 132 Stat. 1864, substituted "Payments for commercial products and commercial services" for "Payments for commercial items" in item 4505.
### §12338. Supportive services

#### (a) Authority

The Commissioner shall carry out a program for making grants to a State, that has designated an independent State body under section 12336 of this title and provided for coordinated services under section 12337 of this title, for distribution by the chief executive officer under a State plan approved under section 12337 of this title to demonstrate successful program approaches to fill service gaps identified through State planning and advocacy efforts for any of the areas specified in paragraph (2).

#### (b) Eligible services

The services eligible to be provided under subsection (a) are services—

(1) that are designed to facilitate the provision of comprehensive community based services that are efficient, coordinated, and readily available through such activities as case planning, case management, intake and assessment, and information and referral; and

(2) that serve any of the following purposes—

(A) provide adequate and safe physical shelter to young individuals and the families of such individuals, especially in emergency circumstances;

(B) provide transitional living services to young individuals who are homeless;

(C) enable young individuals to attain and maintain physical and mental well-being;

(D) provide health screening to detect or prevent illnesses, or both, that occur most frequently in young individuals as well as better treatment and counseling;

(E) enhance the development of children to ensure that such children enter school prepared and ready to learn;

(F) promote the highest quality of educational opportunity, especially through drop-out prevention programs, remediation for young individuals who have dropped out of school, and vocational education;

(G) provide effective training apprenticeships and employment opportunities;

(H) promote participation in community service and civic, cultural, and recreational activities that value young individuals as resources and promote self-esteem and a stake in the community;

(I) promote the participation of young individuals in decisions concerning planning and managing the lives of such individuals;

(J) encourage young individuals and the families of such individuals to use any community facilities and services that are available to such individuals;

(K) ensure that young individuals who are unable to live with the biological families of such individuals have a safe place to live until such individuals can return home or move into independent adult life; and

(L) prevent the abuse, neglect, or exploitation of young individuals.

(Pub. L. 101–501, title IX, §932, Nov. 3, 1990, 104 Stat. 1273.)

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

#### Effective Date

Section effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as an Effective Date of 1990 Amendment note under section 8621 of this title.
NRC SEEKS PUBLIC COMMENT ON POSSIBLE CHANGES TO

SPENT NUCLEAR FUEL STORAGE AND TRANSPORTATION REGULATORY 

FRAMEWORK

The Nuclear Regulatory Commission is asking the public for input as the agency considers 

changes to the regulatory framework for spent nuclear fuel storage and transportation. The request 

for comment, published in the Jan. 17 Federal Register, is the first in a series and will inform the 

NRC’s effort to improve how it regulates after more than 20 years of experience approving dry casks 

for spent fuel storage and transportation.

The NRC is specifically looking at how it could better integrate the requirements for spent 

fuel storage under 10 CFR Part 72 with those for spent fuel transportation under 10 CFR Part 71. As 

part of this evaluation, the NRC is looking at the potential need for changes to policy, guidance, or 

regulatory requirements for retrievability, cladding integrity, and safe handling of spent fuel. The 

public will have another opportunity to comment on any proposed changes, should the NRC decide 

to revise its guidance or regulations on these issues. More information is available in the Federal 

Register notice and on the NRC website.

Public comments will be accepted through March 18. They may be submitted online through 

the federal government’s rulemaking website using Docket ID NRC-2013-0004. Comments may also 

be faxed to 301-492-3446 or mailed to Cindy Bladey, Chief, Rules, Announcements, and Directives 

Branch (RADB), Office of Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555-0001.

###

News releases are available through a free Listserv subscription or by clicking on the EMAIL UPDATES 

link on the NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are 

posted to NRC's website. For the latest news, follow the NRC on www.twitter.com/NRCgov.

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200

Washington, D.C. 20555-0001

E-mail: opa.resource@nrc.gov Site: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. 13-004 January 17, 2013
EXHIBIT 31.2

CERTIFICATION PURSUANT TO SECURITIES ACT RULES 13a-14(a) OR 15d-14(a)

I,
Melvin L. Flanigan, certify that:

1.     I
have reviewed this quarterly report on Form 10-Q of DTS, Inc.;

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;

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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



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 functions):



|                      |  |     |  |                                                                  
|--------------------- |  | --- |  | -----------------------------------------------------------------
|Date: August 10, 2009 |  |     |  |                                                                  
|                      |  | By: |  | /s/ MELVIN L. FLANIGAN Melvin L. Flanigan Chief Financial Officer

---



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