alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6895

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

GERALD DAMONE HOPPER,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of North Carolina, at Charlotte. Martin K. Reidinger,

District Judge. (3:95-cr-00119-TW; 3:96-cv-00217-MR)

Submitted: August 19, 2008 Decided: September 10, 2008

Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Gerald Damone Hopper, Appellant Pro Se. Robert James Conrad, Jr.,

OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
*

As an additional ground for denying relief, the district

court found that Hopper’s Rule 60(b) motion amounted to an

unauthorized second or successive § 2255 motion. Our review of

Hopper’s motion leads us to conclude that the motion was a true

Rule 60(b) motion.

2

PER CURIAM:

Gerald Damone Hopper 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 (2003); Slack v. McDaniel, 529 U.S. 473, 484

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude that Hopper 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
3

presented in the materials before the court and argument would not

aid the decisional process.

DISMISSED
I 

113TH CONGRESS 

1ST SESSION H. R. 1643 

To amend the Internal Revenue Code of 1986 to allow penalty-free withdrawals from the Federal Thrift Savings Fund to employees who are 

furloughed as a result of the Federal budget sequester. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 18, 2013 

Mr. KILMER (for himself and Ms. HANABUSA) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to allow penalty-free withdrawals from the Federal Thrift Savings 

Fund to employees who are furloughed as a result of 

the Federal budget sequester. 

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 ‘‘Employee Hardship 

5 Financial Relief Act of 2013’’. 


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2 

•HR 1643 IH

1 SEC. 2. PENALTY-FREE WITHDRAWALS FROM THRIFT SAV2 INGS FUND TO FEDERAL EMPLOYEES FUR3 LOUGHED AS A RESULT OF SEQUESTER. 

4 (a) IN GENERAL.—Paragraph (2) of section 72(t) of 

5 the Internal Revenue Code of 1986 (relating to subsection 

6 not to apply to certain distributions) is amended by adding 

7 at the end the following new subparagraph: 

8 ‘‘(H) DISTRIBUTIONS FROM THRIFT SAV9 INGS FUND TO FURLOUGHED FEDERAL EM10 PLOYEES.—Distributions to an individual from 

11 the Thrift Savings Fund during the period— 

12 ‘‘(i) beginning on the date that the in13 dividual is furloughed (as defined in sec14 tion 7811(a)(5) of title 5, United States 

15 Code) because of lack of funds, and 

16 ‘‘(ii) ending on the date which is 30 

17 days after such furlough ceases for such 

18 individual, 

19 but only to the extent that the aggregate such 

20 distributions with respect to any furlough does 

21 not exceed the aggregate reduction in such indi22 vidual’s compensation on account of such fur23 lough.’’. 


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3 

•HR 1643 IH

1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall apply to distributions after the date of 

3 the enactment of this Act. 

Æ 


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[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Notices]
[Page 68636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28241]


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

SECURITIES AND EXCHANGE COMMISSION

 [File No. 500-1]


8000, Inc.; Order of Suspension of Trading

November 4, 2010.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
8000, Inc. because of questions regarding the accuracy of statements 
made by 8000, Inc. in press releases concerning, among other things, a 
cash dividend the company announced it would pay stockholders and 
Monk's Den, an investment program and online investor network the 
company disclosed it acquired in September 2010.
    The Commission is of the opinion that the public interest and the 
protection of investors require a suspension of trading in the 
securities of 8000, Inc.
    Therefore, it is ordered, pursuant to Section 12(k) of the 
Securities Exchange Act of 1934, that trading in the securities of the 
above-listed company is suspended for the period from 9:30 a.m. EDT on 
November 4, 2010, through 11:59 p.m. EST on November 17, 2010.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2010-28241 Filed 11-4-10; 4:15 pm]
BILLING CODE 8011-01-P
Featured Grant OpportunitySchool Emergency Response to Violence (Project SERV) (Funding Opportunity) 

Featured Grant OpportunityShare with Youth: NOAA Student Opportunities Database

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## Breadcrumb

            -           Report: Diagnoses of HIV Infection among Youth      

# Report: Diagnoses of HIV Infection among Youth

This report (PDF, 58 pages) provides an overview of diagnoses of adolescents and young adults living with HIV infection during 2010–2014. 

http://www.cdc.gov/hiv/pdf/library/reports/surveillance/cdc-hiv-surveillance-supplemental-report-vol-21-3.pdf?utm_source=Youth.gov&utm_campaign=Reports-and-Resources&utm_medium=federal-links
**Exhibit 31.1****CERTIFICATION**I, Anthony J. Affuso, certify that:1. I have reviewed this Quarterly Report on Form 10-Q of UGS Corp.;2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a. Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  b. Omitted as permitted;  c. Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  d. Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter(the registrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): a. All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and  b. Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.Date: November 14, 2005         /s/     Anthony J. Affuso   Anthony J. Affuso   President and Chief Executive Officer  
55
Exhibit 32.2



Certification of Chief Financial Officer



In connection with the Quarterly Report of Altra Industrial Motion, Inc. (the Company) on Form 10-Q/A for the period ended June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, David Wall, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (Section 906), that to the best of my knowledge:



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.



This certificate is being furnished solely for purposes of Section 906.





|Date: August 30, 2007 | By:   | /s/ David Wall                        
|--------------------- | ----- | --------------------------------------
|                      | Name: | David Wall                            
|                      | Title | VP Finance and Chief Financial Officer
Exhibit 10.11


 


NOTICE AND ACKNOWLEDGEMENT OF MODIFICATION



 


TO PAYMENT SCHEDULE


 


The Director of the Department of Development of the State of
Ohio, now known as the Ohio Development Services Agency (the "Director") and Intellinetics, Inc. (the "Borrower")
entered into a Loan Agreement dated July 17, 2009 in the original principal amount of $1,012,500.00 evidenced by a Cognovit Promissory
Note dated July 17, 2009 (the "Note").


 


The parties agree that the Loan Agreement is hereby amended
to authorize the Director to modify the amortization schedule from time to time, setting forth the amount of principal, interest
and service fee payable under the Note. Pursuant to the Company's request, the Director has modified the payment schedule pursuant
to the amortization schedule noted as Amortization Schedule #2, which is attached hereto as Exhibit A (the "Revised Schedule").
The Borrower agrees that this Revised Schedule shall supersede all prior amortization schedules, whether in the Note or in an attachment
to the Note, and the undersigned Company acknowledges and authorizes the Director to update the schedule as an attachment to the
Note. All other terms of the Note remain unchanged.


 


	 	BORROWER: Intellinetics, Inc.,
	 	 
	 	an Ohio corporation
	 	 	 
	 	By:	/s/ William J. Santiago
	 	 	 
	 	Print: William J. Santiago
	 	 
	 	Date:       12/31/2012


 




    	 



    	 



    

 


Exhibit A


 


Summary of Amortization Schedule #2


 


Effective December 31, 2012, Intellinetics and the Ohio State
Development Authority entered into a Notice and Acknowledgement of Modification to Payment Schedule (the “December 31, 2012
Modification #1”) relating to the June 17, 2009 note payable issued by Intellinetics to the Ohio State Development Authority
in the amount of $1,012,500, bearing interest at a rate of 6.00% per annum. Pursuant to the December 31, 2012 Modification #1,
the Ohio State Development Authority deferred principal and interest payment for a six month period from December 1, 2012 to May
1, 2013, with the next principal and interest payment due on June 1, 2013.
#### CLAY v. UNITED STATES et al.

No. 11542.

United States Court of Appeals District of Columbia Circuit.

Argued Oct. 7,1953.

Decided Oct. 22, 1953.

Writ of Certiorari Denied March 15, 1954.

See 74 S.Ct. 530.

Mr. Byron N. Scott, Washington, D. C., for appellant.

Mr. E. Riley Casey, Asst. U. S. Atty.,with whom Messrs. Leo A. Rover, U. S. Atty., and William J. Peck, Asst. U. S. Atty., were on the brief, for appellees. Messrs. Charles M. Irelan, U. S. Atty., and Joseph M. Howard, William E. Kirk, Jr., and William R. Glendon, Asst. U. S. Attys., at the time the record was filed, also entered appearances for appellees.

Before CLARK, BAZELON and FAHY, Circuit Judges.

PER CURIAM.

 William C. Clay, the appellant, brought suit in the District Court against the United States and certain named Government officials,1 seeking a judgment declaring void an assignment he had made to the United States of certain Letters Patent. On defendants’ motion the court dismissed the complaint, holding that it was without jurisdiction of .the subject matter and that the complaint did not state a claim upon which relief could be granted. A memorandum opinion filed by the court pointed out that in a suit against the United States under the Tucker Act, 28 U.S.C. § 1346(a) (2), this Act being the only basis relied upon to support jurisdiction, the District Court has jurisdiction only of a claim for damages not exceeding $10,000. The court said that the jurisdiction does not include a suit, such as this, solely for specific relief of an equitable character.2 We agree. The Tucker Act permits a suit against the United States only for a money judgment. Any equitable relief which might be granted in such a suit is in aid of the claim for money judgment. United States v. Jones, 131 U.S. 1, 9 S.Ct. 669, 33 L.Ed. 90; Lynn v. United States, 5 Cir., 110 F.2d 586.

Affirmed.

1

. It is not questioned that the action is one against the United States.

2

. The court also held that the allegations of the complaint respecting duress alleged to have been exerted in the obtaining of the assignment did not state a cause of action, and, further, that the statute of limitations had run.
Editorial Note on Subchapter B of Chapter XIV
Editorial Note: For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*

§ 1410.22 CRP conservation plan. ( a ) The producer must obtain a CRP conservation plan that complies with CCC guidelines and is approved by NRCS.
( b ) The practices included in the conservation plan and agreed to by the participant must cost-effectively reduce erosion necessary to maintain the productive capability of the soil, improve water quality, protect wildlife or wetlands, protect a public wellhead, improve grassland, or achieve other environmental benefits as applicable. The participant must undertake maintenance activities on the land as needed throughout the contract period to implement the conservation plan.
( c ) If applicable, a tree planting plan or forest stewardship plan must be developed and included in the conservation plan. Such tree planting or forest stewardship plan may allow up to 3 years to complete plantings if 10 or more acres of hardwood trees are to be established.
( d ) If applicable, the conservation plan must address the goals included in the conservation priority area designation authorized under § 1410.8.
( e ) Except for land enrolled under a grassland signup, as specified in § 1410.30(c), management activities must be conducted as needed throughout the contract period in accordance with an approved conservation plan. However, the planned management activity is not required in the case where a natural disaster or adverse weather event occurs that has the same effect of the planned management activity. CCC will not provide any cost-share payment for any management activities.
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.                  

###### Securities and Exchange Commission

          - [Release No. 34-63208A; File No. SR-DTC-2010-13]

## Correction

In FR Document No. 2010-27856 beginning on page 68013 for Thursday, November 4, 2010, the paragraph under which The Depository Trust Company (“DTC”) filed the proposed rule change was incorrectly identified as section 19(b)(3)(A)(iii) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule 19b-4(f)(3) thereunder. The correct paragraph under which DTC filed the proposed rule change is section 19(b)(3)(A)(ii) of the Exchange Act and Rule 19b-4(f)(2).

Florence E. Harmon,

Deputy Secretary. 

[FR Doc. 2010-28451 Filed 11-10-10; 8:45 am]

BILLING CODE 8011-01-P
Exhibit 32.1

                           CERTIFICATIONS PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

In connection with the Quarterly Report of Brampton Crest International, Inc.
(the "Company") on Form 10-QSB for the period ending June 30, 2006 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, J. Rod Martin, President and Principal 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, as amended; and

      (2)   The information contained in the Report fairly presents, in all
            material respects, the financial condition and result of operations
            of the Company.


                                 By: /s/ J. Rod Martin
                                     --------------------------------------
                                     J. Rod Martin
                                     President, Principal Executive Officer

Date: August 11, 2006
TAG in Action: Peer Health Exchange

As part of its national call to action, Adolescent Health: Think, Act, Grow® (TAG), the Office 

of Adolescent Health in the U.S. Department of Health and Human Services has identified a 

number of successful strategies for improving adolescent health throughout the country.

The Goal Peer Health Exchange empowers young people in under-resourced high schools with the 

knowledge, skills and resources they need to make healthy decisions.

The Game 

Plan

Peer Health Exchange (PHE) trains college volunteers to deliver health education in underresourced high schools across the country. PHE volunteers utilize a thirteen-week curriculum 

that aligns with national health and education standards, and is designed to help adolescents 

learn essential health information and develop critical decision-making skills. PHE’s goal is to 

improve sexual and mental health outcomes and decrease substance abuse while working 

alongside partners to advance health equity for young people.

Since its inception in 2003, PHE has trained more than 8,500 college student volunteers and 

provided health education to more than 100,000 public high school students in New York 

City, Boston, Chicago, Los Angeles, the San Francisco Bay Area, and Washington, DC. A recent 

external, quasi-experimental evaluation found that the PHE program has a statistically 

significant effect on students’ sexual and mental health knowledge and skills. After 

participating in the program, students were also more likely to engage in help-seeking 

behaviors such as talking to an adult, having conversations about their health, and using a 

health center.

As part of the evaluation, PHE tested the impact of augmenting their program with a tour of 

a school-based health center. The study found that youth who received the tour were nearly 

twice as likely to later use a health center. PHE is now planning to partner with more schooland community-based health centers so that young people can learn first hand where and 

how to get health services.

The 

Winning 

Plays

Louisa Brown, PHE’s Director of Communications, shared that “[o]ur near-peer model, 

coupled with our skills-based curriculum, is what makes PHE’s approach work. Our collegeage health educators are close enough in age to relate to what young people are going 

through and become a trusted source of information. They also work with young people on 

developing specific skills around decision-making, communication, self-advocacy and 

accessing resources. Our health educators focus on empowering young people rather than 

just sharing information.”

Learn 

More

Peer Health Exchange

http://www.peerhealthexchange.org/

HHS Office of Adolescent Health | Website: http://www.hhs.gov/ash/oah/TAG Twitter: @TeenHealthGov Email: TAGTEAM@hhs.gov