alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[ DO NOT PUBLISH] 

## In the 

# United States Court of Appeals For the Eleventh Circuit

____________________
No. 24

- 10248

Non

- Argument Calendar

____________________

MARK T. STINSON, SR.,

Plaintiff

- Appellant,

versus MARK YATES, WALL & ASSOCIATES, INC.,

Defendants

- Appellees,

JOHN P. YATES warden, BOP, et al., USCA11 Case: 24-10248 Document: 23-1 Date Filed: 07/18/2024 Page: 1 of 32 Opinion of the Court 24

- 10248

Defendants.

____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:23

- cv

- 24688

- RKA

____________________
Before R OSENBAUM , N EWSOM , and L UCK , Circuit Judges.

PER CURIAM: This appeal is DISMISSED, sua sponte , for lack of jurisdiction. Mark Stinson appeals the district court’s omnibus order that (1) denied as moot his motion opposing the court’s sua sponte consolidation of two of his civil actions ; (2) denied his motion to reopen a closed case and consolidate two other cases; and (3) dismissed without prejudice defendants Mark Yates and Wall & Associates, Inc. after Stinson dropped them from his amended complaint. We lack jurisdiction to review the district court’s non

- final interlocutory decisions regarding c onsolidation. See 28 U.S.C. § 1291

. At the time Stinson filed his notice of appeal, his amended complaint remained pending before the district court. Further, thedistrict court’s order is not immediately appealable under the collateral order doctrine. See Plaintiff A v. Schair , 744 F.3d 1247, 1253 (11th Cir. 2014) (explaining that a non

- final order may be appealed under the collateral order doctrine if it, inter alia , is effectively unreviewable on appeal from a final judgment). A district court’s USCA11 Case: 24-10248 Document: 23-1 Date Filed: 07/18/2024 Page: 2 of 324

- 10 248 Opinion of the Court 3

exe rcise of its authority to consolidate or refuse to consolidate cases may be reviewed on appeal from a final judgment. See In re Air Crash Disaster at Fla. Everglades on Dec. 29, 1972 , 549 F.2d 1006, 1013 (5th Cir. 1977). Finally , to the extent Stinson c hallenges the district court’s dismissal without prejudice of his claims against Yates and Wall & Associates, Inc., he lacks standing to do so because he voluntarily removed them from his amended complaint. See Versa Prods., Inc. v. Home Depot USA, Inc.
, 387 F.3d 1325, 1327 (11th Cir. 2004 ).

No petition for rehearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40

- 3 and all other applicable rules

. USCA11 Case: 24-10248 Document: 23-1 Date Filed: 07/18/2024 Page: 3 of 3
exv10w6



 




Exhibit 10.6



Exhibit “B”




Amendment No. 7

Builders FirstSource, Inc.

1998 Stock Incentive Plan




A. Section 2 of the Builders FirstSource, Inc. 1998 Stock Incentive Plan is hereby amended and
restated in its entirety to read as follows:




     2. Shares Subject to the Plan; Adjustment.



     A total of 6,400,000 shares of Common Stock have been reserved for issuance under the Plan
(the “Plan Shares”). A total of 4,600,000 Plan Shares are intended to be available for the
issuance of Options (as defined below) pursuant to Section 4 of the Plan and for the issuance of
other equity-based awards pursuant to Section 14 of the Plan, and a total of 1,800,000 Plan Shares
are intended to be available for the sale of Common Stock pursuant to Section 12 hereof. If
Options or other awards under the Plan are forfeited or terminate for any reason before exercise or
vesting, then the corresponding Plan shares shall again become available for awards under the Plan.



     In the event that any dividend or other distribution (whether in the form of cash, Stock, or
other property), recapitalization, Stock split, reverse split, reorganization, merger,
consolidation, spin-off, combination, repurchase, or share exchange, or other similar corporate
transaction or event, affects the Stock such that an adjustment is appropriate in order to prevent
dilution or enlargement of the rights of Participants under the Plan, then the Board shall make
such equitable changes or adjustments as it deems necessary or appropriate to any or all of: (i)
the number and kind of shares of Stock or other property (including cash) that may thereafter be
issued in connection with Awards; (ii) the number and kind of shares of Stock or other property
(including cash) issued or issuable in respect of outstanding Awards; (iii) the exercise price,
grant price or purchase price relating to any Award; provided, that, with respect to ISOs, such
adjustment shall be made in accordance with Section 424(h) of the Code; and (iv) the Performance
Goals applicable to outstanding Awards. In addition, the Board may determine that any such
equitable adjustment may be accomplished by making a payment to the Award holder, in the form of
cash or other property (including but not limited to shares of Stock).



B. The foregoing amendment is effective January 25, 2007.




	 	 	 	 	 
	 

	 	 	 	 
	 

	 	 	 	 
	 

	 	 	 	Donald F. McAleenan
	 

	 	 	 	Secretary
Exhibit
10.131


 


April
28, 2016


 


VeriTeQ
Corporation


6560
W. Rogers Circle, Suite 19


Boca Raton, Florida 33487


 


In
exchange for consideration equal to 39 shares of Series E Preferred Stock of VeriTeQ Corporation, a Delaware corporation (the
“Company”), I hereby relinquish any rights to any securities of the Company which may exist pursuant to that certain
Restricted Stock Award Agreement between me (“Holder”) and the Company, dated as of August 13, 2015, or pursuant to
any other agreement prior to the date hereof between me and the Company. Further, I release the Company from any and all obligations
which may exist pursuant to any other agreement between me and the Company, including, but not limited to, any employment agreements.


 


I
also hereby hereby remise, release and forever discharge the Company and its respective affiliates, stockholders, officers, directors,
representatives, agents, accountants, attorneys, auditors, and current or former employees (collectively, the “Releasees”),
of and from all, and all manner of, actions, causes of action, suits, debts, sums of money, accounts, covenants, contracts, controversies,
agreements, damages, indemnifications, judgments, claims, liabilities and demands whatsoever, in law or equity (collectively,
“Claims”), which I can, shall or may have against the Releasees or any of them for, upon or by reason of any matter,
cause or thing whatsoever from the beginning of the world to the date of this Agreement, both known and unknown; provided,
however, that this shall not be deemed to be a release by me of the Releasees with respect to any Claims with respect to
a breach by the Company of this Agreement. I also hereby covenant that I have not assigned to any third party any claim that it
currently has or may have in the future against any Releasee.


 


The
Company hereby remises, releases and forever discharges Holder of and from all, and all manner of Claims which it can, shall or
may have against Holder for, upon or by reason of any matter, cause or thing whatsoever from the beginning of the world to the
date of this Agreement, both known and unknown; provided, however, that this shall not be deemed to be a release
by the Company of Holder with respect to any Claims with respect to a breach by Holder of this Agreement. The Company also hereby
covenants that it has not assigned to any third party any claim that it currently has or may have in the future against Holder.


 


This
Agreement shall be governed by and construed in accordance with the laws of the State of New York, applicable to contracts made
and to be enforced in such State.


 





	VeriTeQ Corporation	By:	/s/
    Scott Silverman
	 	 	Scott Silverman



 


	By:	     	 
	Name:	 
	Title:
I

103D CONGRESS

2D SESSION H. R. 4568

Making supplemental appropriations for the Department of Housing and

Urban Development for the fiscal year ending September 30, 1994,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 13, 1994

Mr. OBEY introduced the following bill; which was referred to the Committee

on Appropriations

A BILL

Making supplemental appropriations for the Department of

Housing and Urban Development for the fiscal year ending September 30, 1994, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, to pro5 vide supplemental appropriations for the Department of

6 Housing and Urban Development for the fiscal year end7 ing September 30, 1994, and for other purposes, namely:
2

HR 4568 IH

1 DEPARTMENT OF HOUSING AND URBAN

2 DEVELOPMENT

3 FEDERAL HOUSING ADMINISTRATION

4 FHA—MUTUAL MORTGAGE INSURANCE PROGRAM

5 ACCOUNT

6 During fiscal year 1994, additional commitments to

7 guarantee loans to carry out section 203(b) of the Na8 tional Housing Act, as amended, shall not exceed an addi9 tional loan principal of $35,000,000,000.

10 FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

11 For an additional amount for the cost of guaranteed

12 loans, not to exceed $18,080,000, as authorized by the

13 National Housing Act, as amended (12 U.S.C. 1715z–3(b)

14 and 1735c(f)), of which $8,080,000 shall become available

15 upon enactment: Provided, That such costs, including the

16 cost of modifying loans, shall be as defined in section 502

17 of the Congressional Budget Act of 1974: Provided fur18 ther, That notwithstanding any limitation for fiscal year

19 1994 in section 531(b) of the National Housing Act, these

20 funds are available to subsidize total loan principal, any

21 part of which is to be guaranteed, not to exceed

22 $3,000,000,000: Provided further, That during fiscal year

23 1994, the Secretary shall sell without recourse assigned

24 mortgage notes having an unpaid principal balance of up

25 to $180,000,000, which notes were originally insured

26 under section 221(g)(4) or title X of the National Housing
3

HR 4568 IH

1 Act: Provided further, That of the amount appropriated

2 herein, an amount equal to the lesser of $10,000,000 or

3 the excess of the net proceeds from the sale of mortgage

4 notes above $88,900,000 shall become available only after

5 such sale has been completed.

6 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

7 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

8 GUARANTEE PROGRAM ACCOUNT

9 During fiscal year 1994, additional commitments to

10 issue guarantees to carry out section 306 of the National

11 Housing Act, as amended (12 U.S.C. 1721(g)), shall not

12 exceed $55,000,000,000.

Æ
§ 5.405 Yearly report. Medical testing licensees must file a yearly report detailing the activity that has been performed under the license. This report is to be filed electronically to the Commission's program experimental registration Web site and must, at a minimum, include: ( a ) A list of each test performed and the testing period; and
( b ) A Description of each test, including equipment tested; and
( c ) The results of the test including any interference incidents and their resolution.
[78 FR 25162, Apr. 29, 2013]
§ 69.121 Connection charges for expanded interconnection. ( a ) Appropriate connection charge subelements shall be established for the use of equipment and facilities that are associated with offerings of expanded interconnection for special access and switched transport services, as defined in part 64, subpart N of this chapter. To the extent that the same equipment and facilities are used to provide expanded interconnection for both special access and switched transport, the same connection charge subelements shall be used. ( 1 ) A cross-connect subelement shall be established for charges associated with the cross-connect cable and associated facilities connecting the equipment owned by or dedicated to the use of the interconnector with the telephone company's equipment and facilities used to provide interstate special or switched access services. Charges for the cross-connect subelement shall not be deaveraged within a study area that is used for purposes of jurisdictional separations.
( 2 ) Charges for subelements associated with physical collocation or virtual collocation, other than the subelement described in paragraph (a)(1) of this section and subelements recovering the cost of the virtual collocation equipment described in § 64.1401(e)(1) of this chapter, may reasonably differ in different central offices, notwithstanding § 69.3(e)(7).
( b ) Connection charge subelements shall be computed based upon the costs associated with the equipment and facilities that are included in such subelements, including no more than a just and reasonable portion of the telephone company's overhead costs.
( c ) Connection charge subelements shall be assessed upon all interconnectors that use the equipment or facilities that are included in such subelements.
[57 FR 54332, Nov. 18, 1992, as amended at 58 FR 48764, Sept. 17, 1993; 59 FR 38930, Aug. 1, 1994]
#### UNITED STATES of America, Plaintiff-Appellee, v. Maria Oralia LOZANO-TAMEZ, Defendant-Appellant.

No. 03-41170.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

March 23, 2004.

*80James Lee Turner, Renata Ann Gowie, Assistant US Attorney, US Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Roland E Dahlin, II, Federal Public Defender, Yvonne Sanchez, Aurora Ruth Bearse, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before SMITH, DEMOSS, and STEWART, Circuit Judge.

PER CURIAM.*

Maria Oralia Lozano-Tamez (Tamez) pleaded guilty to one count of possession with intent to distribute more than 100 grams of black tar heroin in violation of 18 U.S.C. §§ 2, 841(a)(1), (b)(1)(B). She argues that the district court erred when it denied a mitigating role reduction and that 21 U.S.C. §§ 841, 952 and 960 are facially unconstitutional in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Tamez concedes that her second argument is foreclosed but nevertheless raises the issue to preserve it for possible further review.

Contrary to her argument on appeal, Tamez’s role in the offense was more than that of a mere courier. Tamez packaged and transported the heroin from Mexico, met with the confidential source once before another meeting with the confidential source and the undercover prospective buyer, stayed overnight with the drugs, and informed the undercover agent that she could deliver additional amounts of heroin. Considering her role in the offense, it cannot be said that Tamez was “peripheral to the advancement” of the illicit heroin activity. *See United States v. Miranda,*248 F.3d 434, 446-47 (5th Cir.2001). The district court did not clearly err in determining that Tamez was not entitled to a minor role reduction pursuant to U.S.S.G. § 3B1.2(b). *See United States v. Zuniga,*18 F.3d 1254, 1261 (5th Cir.1994).

Tamez’s argument regarding the constitutionality of the statutes of conviction is foreclosed by this court’s decision in *United States v. Slaughter,*238 F.3d 580, 582 (5th Cir.2000). The judgment of the district court is therefore AFFIRMED.

*

 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.
No. 11-10038.

#### Foster *v.*United States.

C. A. 7th Cir. Certiorari denied.
CERTIFICATION OF

CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

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 CytoGenix, Inc. (the "Company") on Form 1O-KSB for the year ending December 31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Lawrence Wunderlich, Chief Financial 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 the best of my knowledge:



(1) The Annual Report of CytoGenix, Inc. on form 10-KSB for the year ended December 31, 2002 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 such Annual Report of CytoGenix, Inc. on form 10-KSB fairly presents, in all material respects, the financial condition and result of operations of the Company.









/s/ Lawrence Wunderlich

Lawrence Wunderlich

Chief Financial Officer

April 15, 2005
EXHIBIT 32.1


              Certification of Chief Executive Officer Pursuant to
                  Section 906 of the Sarbanes-Oxley Act of 2002

In connection  with the Annual  Report on Form 10-K for the year ended  December
31, 2004 (the "Report"), by SPAR Group, Inc. (the "Registrant"), the undersigned
hereby certifies that, to his 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 Registrant.



                                 /s/ Robert G. Brown
                                 Robert G. Brown
                                 Chairman, President and
                                 Chief Executive Officer

                                 March 31, 2006

A signed  original of this  written  statement  required by Section 906 has been
provided to SPAR Group,  Inc.  and will be  retained  by SPAR Group,  Inc.,  and
furnished to the Securities and Exchange Commission or its staff upon request.
**EXHIBIT 31(b)**

**CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT**

**        TO RULE 13a-14 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF**

**2002**

I, Cherry Cai, chief financial officer of Hendrx Corp. (“Registrant”) certify that: 

1.     I have reviewed this Quarterly Report on Form 10-QSB (“Report”) of Registrant; 

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 period presented in this Report; 

4.     I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Registrant and have: 

a)     Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the Registrant, including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this Report is being prepared; 

b)     Evaluated the effectiveness of the Registrant’s disclosure controls and procedures and presented in this Report my conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this Report based on such evaluation; and 

c)     Disclosed in this Report any change in the Registrant’s internal control over financial reporting that occurred during the Registrant’s most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the Registrant’s internal control over financial reporting; and 

5.     I have disclosed, based on my most recent evaluation, to the Registrant’s auditors and the audit committee of Registrant’s board of directors (or persons performing the equivalent functions): 

a)     All significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the Registrant’s ability to record, process, summarize and report financial information; and 

b)     Any fraud, whether or not material, that involves management or other employees who have a significant role in the Registrant’s internal controls over financial reporting. 

Date: August 9, 2006 

/s/ Cherry Cai

Cherry Cai 

Chief Financial Officer 

**35**

----
No. 11-8831.

#### Gaston v. Terronez.

Ct. App. Cal., 5th App. Dist. Certiorari denied.
<TABLE> <S> <C>

<ARTICLE>                      5
<LEGEND>
This schedule contains summary financial information extracted from the
Consolidated Balance Sheets and Consolidated Statements of Earnings as
reported in exhibit 13 of the Form 10-K and is qualified in its entirety
by reference to such financial statements.
</LEGEND>
<MULTIPLIER>                      1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                 FEB-01-1997
<PERIOD-START>                    FEB-04-1996
<PERIOD-END>                      FEB-01-1997
<CASH>                                760,900
<SECURITIES>                                0
<RECEIVABLES>                         142,100
<ALLOWANCES>                                0
<INVENTORY>                         2,214,600
<CURRENT-ASSETS>                    3,159,600
<PP&E>                              5,305,200
<DEPRECIATION>                      1,257,800
<TOTAL-ASSETS>                      8,023,200
<CURRENT-LIABILITIES>               2,540,700
<BONDS>                               908,500
<COMMON>                               30,000
<PREFERRED-MANDATORY>                       0
<PREFERRED>                                 0
<OTHER-SE>                          4,160,600
<TOTAL-LIABILITY-AND-EQUITY>        8,023,200
<SALES>                             9,932,400
<TOTAL-REVENUES>                    9,932,400
<CGS>                               6,892,500
<TOTAL-COSTS>                               0
<OTHER-EXPENSES>                      265,900
<LOSS-PROVISION>                            0
<INTEREST-EXPENSE>                     81,200
<INCOME-PRETAX>                       673,100
<INCOME-TAX>                          245,700
<INCOME-CONTINUING>                   427,400
<DISCONTINUED>                              0
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                          427,400
<EPS-PRIMARY>                            1.54
<EPS-DILUTED>                            1.54
        


</TABLE>
**Exhibit
      32.1**





**iDNA,
      INC.**


**CERTIFICATION
      OF PRINCIPAL EXECUTIVE OFFICER**


**PURSUANT
      TO RULE 13a-14(b) OF THE SECURITIES**


**EXCHANGE
      ACT OF 1934 AND**


**18
      U.S.C. 1350**


**(SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002)**





I,
      James
      J. McNamara, Chief Executive Officer of iDNA, Inc., a Delaware corporation
      (the
“Registrant”), in connection with the Registrant’s Annual Report on Form 10-K
      for the year ended January 31, 2008, as filed with the Securities and Exchange
      Commission on the date hereof (the “Report”), do hereby represent, warrant and
      certify 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) 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
      Registrant.





/s/
                James J. McNamaraName:
                James J. McNamaraTitle:
                Chief Executive OfficerDate:
                May 14, 2008