alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, or collateral estoppel. The court

generally disfavors the citation of orders and judgments; nevertheless, an order

and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

F I L E D

United States Court of Appeals

Tenth Circuit

SEP 8 1997

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

NICHOLAS J. DEL DUCA,

Petitioner-Appellant,

v.

JOHN ANDERSON,

Respondent-Appellee.

No. 96-1365

(D.C. No. 96-S-1232)

(Colo.)

ORDER AND JUDGMENT*

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

After examining the briefs and appellate record, this panel has determined

unanimously that oral argument would not materially assist the determination of

this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is

therefore ordered submitted without oral argument.

Nicholas Del Duca, a pro se prisoner, brought this habeas corpus action and
-2-

filed motions for leave to proceed in forma pauperis, for trial transcripts, and for

appointed counsel. The district court dismissed the suit without prejudice for

failure to correct deficiencies. 

The district court issued an order informing Mr. Del Duca that his

documents were deficient in three respects: Mr. Del Duca had not submitted a

certified copy of his prisoner’s trust fund statement, he had not used the proper

form, and his complaint was missing. Nonetheless, the court directed the clerk to

commence an action and ordered Mr. Del Duca to cure the deficiencies within

thirty days. The order further stated that if Mr. Del Duca failed to do so, the

action would be dismissed, without prejudice, without further notice.

Mr. Del Duca filed some papers in response to the court’s order, but these

filings did not cure all of the deficiencies. Accordingly, the district court

dismissed the action without prejudice. Mr. Del Duca appeals. We have since

held that a habeas petitioner need not comply with the provisions of the Prisoner

Litigation Reform Act requirements for paying a partial fee, see United States v.

Simmonds, 111 F.3d 757 (10th Cir. 1997). However, because Mr. Del Duca also

failed to complete the appropriate form for an application for writ of habeas

corpus, we conclude that dismissal without prejudice was nonetheless justified. 

We therefore conclude Mr. Del Duca has failed to demonstrate the denial of a

constitutional right by showing that the issues raised on his appeal are debatable
-3-

among jurists, that a court could resolve the issues differently, or that the

questions deserve further proceedings. Consequently, we deny a certificate of

appealability and dismiss the appeal. 28 U.S.C. § 2253(c)(2); Lennox v. Evans.

87 F.3d 431 (10th Cir. 1996).

ENTERED FOR THE COURT

Stephanie K. Seymour

Chief Judge
<PAGE>

                                                                    Exhibit 99.2

                            CERTIFICATION PURSUANT TO
            SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as
Chief Financial Officer of Domino's, Inc. (the "Company"), does hereby certify
that to the undersigned's knowledge:


     1)   the Company's Quarterly Report on Form 10-Q for the quarter ending
          September 8, 2002 (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 Company's Report fairly presents, in
          all material respects, the financial condition and results of
          operations of the Company.


                            /s/ Harry J. Silverman
                            --------------------------------------------
                            Harry J. Silverman
                            Chief Financial Officer



Dated: October 23, 2002
No. 9543.

#### Kinsey, Admx., et al. *v.*Seasongood.

(Decided December 4, 1906.)

Error to Circuit Court of Hamilton County.

*Messrs. Harmon, Colston, Goldsmith & Hoadly,*for plaintiffs in error.

*Mr. C. B. Matthews*and *Messrs. Worthington & Strong,*for defendant in error.

Judgment affirmed.

Shauck, C. J., Crew, Summers and Spear, JJ., concur.
Exhibit 32.2

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 Cygne Designs, Inc. (the  Company) on Form 10-K for the period ending January 31, 2007 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Roy E. Green, 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:

(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/ Roy E. GreenRoy E. GreenSenior Vice President-Chief Financial OfficerMay 1, 2007
<PAGE>

                                                                    EXHIBIT 10.6

                                    SCHEDULE

                   Information on two substantially identical
                          Franchise License Agreements
                             dated February 26, 2003

       (Documents are substantially identical, except as set forth below,
                    to the document included as Exhibit 10.2)

      Property                        Licensee
      ---------                       --------

      Homewood Suites(R)              AHF Services Limited Partnership
      Baton Rouge, Louisiana

      Homewood Suites(R)              Apple Hospitality Five Management, Inc.
      Albuquerque, New Mexico
**President**

**Section 906 Certification under Sarbanes Oxley Act**

 

 

 

I, Michael G. Clark, certify that:

 

| 1. | I have reviewed this report, filed on behalf of Central Europe & Russia Fund, Inc., on Form N-CSRS; |
|----|---------------------------------------------------------------------------------------------------------|

 

| 2. | Based on my knowledge and pursuant to 18 U.S.C. § 1350, the periodic report on Form N-CSRS (the “Report”) fully complies with the requirements of § 13 (a) or §15 (d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial                            condition and results of operations of the Company. |
|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

 

| July 2, 2008 | /s/Michael G. Clark                    |
|--------------|----------------------------------------|
|         | Michael G. Clark                       |
|         | President                              |
|         | Central Europe & Russia Fund, Inc. |

 

 

 

 

**Chief Financial Officer and Treasurer**

**Section 906 Certification under Sarbanes Oxley Act**

 

 

 

I, Paul Schubert, certify that:

 

| 1. | I have reviewed this report, filed on behalf of Central Europe & Russia Fund, Inc., on Form N-CSRS; |
|----|---------------------------------------------------------------------------------------------------------|

 

| 2. | Based on my knowledge and pursuant to 18 U.S.C. § 1350, the periodic report on Form N-CSRS (the “Report”) fully complies with the requirements of § 13 (a) or § 15 (d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the                            financial condition and results of operations of the Company. |
|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

| July 2, 2008 | /s/Paul Schubert                       |
|--------------|----------------------------------------|
|         | Paul Schubert                          |
|         | Chief Financial Officer and Treasurer  |
|         | Central Europe & Russia Fund, Inc. |
#### FIRST BANK & TRUST COMPANY OF JACKSONVILLE, Petitioner, v. FIRST GUARANTY BANK & TRUST COMPANY OF JACKSONVILLE, Respondent.

No. 40107.

Supreme Court of Florida.

April 28, 1971.

Delbridge L. Gibbs of Marks, Gray, Con-roy & Gibbs, Jacksonville, for petitioner.

Edward McCarthy, Jr., of Bryant, Freeman, Richardson & Watson, Jacksonville, and Leo L. Foster of Parker, Foster & Madigan, Tallahassee, for respondent.

ON PETITION FOR DISCHARGE OF WRIT OF CERTIORARI

PER CURIAM.

Petitioner sought review of the decision of the District Court of Appeal, First District, alleging conflict of decisions with Junior Food Stores of West Florida v. Junior Food Stores, 226 So.2d 393 (Fla.1969). The Court accepted jurisdiction, issued the writ of certiorari, received briefs on the merits and heard oral argument. *322Then, after the cause was ready for determination on the merits petitioner filed a petition stating, in effect, that the controversy will shortly become moot by virtue of a change of petitioner’s name and judicial labor will be conserved by the discharge of the writ.

Because it now appears that the questions under consideration are in the process of becoming moot, it is our opinion that final disposition and dismissal should be considered at the trial court level, so the decisions of the District Court of Appeal, First District, styled First Bank and Trust Company of Jacksonville v. First Guaranty Bank and Trust Company of Jacksonville, 216 So.2d 22 (Fla.App. 1st 1968) and First Guaranty Bank and Trust Company of Jacksonville v. First Bank and Trust Company of Jacksonville, 237 So.2d 783, 785 (Fla.App. 1st 1970) be and they are hereby vacated and the case is hereby remanded to the District Court of Appeal, First District, with directions to further remand the cause to the trial court for such action as the exigencies of the situation require; and in all other respects the writ of certio-rari is discharged.

It is so ordered.

ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and BOYD, JJ., concur.
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 Cornerstone Bancorp, Inc. (the Company) on Form 10-QSB for the period
ending September 30, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), we, Merrill J. Forgotson, Chief Executive Officer of the Company, and Ernest J. Verrico, 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:

| | (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 result of operations of the Company.
| |     |                                                                                                                                                    
| |     |                                                                                                                                                    

|/s/ MERRILL J. FORGOTSON                                       |  | /s/ ERNEST J. VERRICO                                       | 
|-------------------------------------------------------------- |  | ----------------------------------------------------------- | 
|                                                               |  |                                                             | 
|Merrill J. Forgotson Chief Executive Officer November 14, 2002 |  | Ernest J. Verrico Chief Financial Officer November 14, 2002 | 
|                                                               |  |                                                             |
* This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. This court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

** After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is therefore ordered submitted without oral argument. 

## F I L E D United States Court of Appeals Tenth Circuit 

### JUL 14 1997 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

RAYMOND MARTINEZ, Plaintiff - Appellant, vs. MICHAEL A. OBERMEYER; BRIAN MCCOY; ED CAMP; HARRY NIMROD; LEE ZWEIGLE; ARISTEDES W. ZAVARAS; JOHN JUBIC; and RICHARD MARR, Defendants - Appellees. No. 97-1017 (D.C. No. 96-S-2217) (D. Colo.)

ORDER AND JUDGMENT *
Before BRORBY, EBEL, and KELLY, Circuit Judges. **
Mr. Martinez, an inmate appearing pro se and in forma pauperis, appeals from the dismissal of his civil rights action in which he seeks federal declaratory, injunctive and monetary relief based upon a Colorado conviction. To the extent that Mr. Martinez is- 2 -

proceeding under 42 U.S.C. § 1983, the claims are obviously barred by the rule announced in Heck v. Humphrey , 512 U.S. 477, 486-87 (1994). On the other hand, a federal challenge to the fact of conviction or confinement, or the duration of confinement, is cognizable only under habeas corpus, Preiser v. Rodriguez , 411 U.S. 475, 499-500 (1973), with its requirement of exhaustion of state remedies, 28 U.S.C. § 2254(b)(1)(A); Preiser , 411 U.S. at 499 n.14. The district court dismissed the action without prejudice based upon noncompliance with its order requiring Mr. Martinez to file his 28 U.S.C. § 1915 motion and civil rights complaint on official forms and furnish a certified copy of his trust fund account, all within thirty days. Aplt. App. 49-54. We find no abuse of discretion. See Bradenburg v. Beaman , 632 F.2d 120, 122 (10th Cir. 1980) (per curiam), cert. denied , 450 U.S. 984 (1981). AFFIRMED. All pending motions are DENIED.

Entered for the Court
Paul J. Kelly, Jr. Circuit Judge
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-1568

KARON ANN PARHAM, Plaintiff - Appellant, versus STATE OF NORTH CAROLINA, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-98-216-H-5) Submitted: July 30, 1998 Decided: August 25, 1998 Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. Karon Ann Parham, Appellant Pro Se. Lars Franklin Nance, Michael F. Easley, Robert Michael Curran, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Karon Parham seeks to appeal the district court’s order denying relief on her civil complaint alleging errors made during a Nash County, North Carolina, Superior Court proceeding. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal on the reasoning of the district court. Parham v. North Carolina , No. CA-98-216-H-5 (E.D.N.C. Mar. 27, 1998). We deny Parham’s motions to produce evidence and to command attendance at hearing. We deny Parham’s motion for 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
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-1826

TANYA ANGE DAVIS; BARBARA WILLIAMS; MICHAEL ANGE; KAREN ANGE; JOHN ANGE; SANDRA ANGE, incompetent, by her next friend, John Ange; TANYA JEAN ANGE, infant, by her next friend, Barbara Williams; GABRIELLE ANGE, infant, by next friend, Michael Ange; BARBARA JEAN ANGE, infant, by her next friend, John Ange, Plaintiffs - Appellants,

versus
CITY OF CHESAPEAKE; JOHN OLIVER, Deputy CityAttorney; WALTER D. CLARK, Director, Department of Social Serv ices, City of Chesapeake; CATHERINE B. GOLDBERG, Assistant Director,Department of Social Services, City of Chesapeake; CAROL B. KERPELMAN, Chief of Services,Department of Social Services, City of Chesapeake; PHYLLIS B. STEEN, Supervisor of Foster Care, Dep artment of Social Services, City of Chesapeake; MARGARET B. HOUSTON, Social Worker, Department of Social Services, City of Chesapeake; JAMES D. CLARK, Social Worker, Department of Social Services, City of Chesapeake; DONNA J. CAMPBELL, Social Worker, Department of Social Services, City of Chesapeake; SUSAN B. WALLACE, Social Worker, Department of Social Services, City of Chesapeake; RAYMOND D. MCCOY, LCSW; WEARE A. ZWEMER, LCP, Defendants - Appellees.2Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. John A. MacKenzie, Senior District Judge. (CA-95-524-2)
Submitted: September 25, 1997 Decided: October 20, 1997
Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Tanya Ange Davis, Barbara Williams, Michael Ange, Karen Ange, John Ange, Sandra Ange, Tanya Jan Ange, Gabrielle Ange, Barbara Jean Ange, Appellants Pro Se. Darlene Paige Bradberry, Thomas Jeffrey Salb, BREEDEN, MACMILLAN & GREEN, Norfolk, Virginia; Ronald Stuart Hallman, City Attorney, Chesapeake, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).3 PER CURIAM: Appellants appeal the district court's order denying relief on their 42 U.S.C. § 1983 (1994) complaint. We have reviewed the record and the district court's opinion accepting the magistrate judge's recommendation and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Davis v. City of Chesapeake , No. CA-95-524-2 (E.D. Va. May 17, 1996). We deny Appellants' motions for an informal hearing and for the appointment of counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
|   | 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 at the dates of, and for the periods covered by, the Report. |
|--------|----|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |   | /s/  Kevin Riordan               |   |
|--------|--------|---------------------------------------|--------|
|   |   | Kevin Riordan                         |   |
|   |   | Chief Executive Officer and President |   |
|   |   |                                  |   |
|   |   | February 25, 2011                     |   |
<PAGE>

                                                                   EXHIBIT 10.18

                        WAIVER OF DIRECTOR'S COMPENSATION

      This Waiver of Director's Compensation ("WAIVER") is hereby executed
effective as of the date set forth below (the "EFFECTIVE DATE") by the
undersigned (the "DIRECTOR") a member of the Board of Directors ("BOARD MEMBER")
of Corrpro Companies, Inc. (the "COMPANY"), on behalf of himself, his heirs,
executives, successors and assigns for good and valuable consideration, the
sufficiency and receipt of which is hereby acknowledged.

      Pursuant to this Waiver, as of the Effective Date and continuing through
the earlier to occur of: (i) the last day of such Director's service as a Board
Member designated by the holders of the Series B Cumulative Redeemable Voting
Preferred Stock of the Company and (ii) the last day of such Director's
employment with Wingate Partners III, L.P. and/or its affiliates, the Director
hereby waives and relinquishes his rights and any and all claims to receive cash
compensation or equity securities for his services as a Board Member, including,
without limitation, an award of options pursuant to the 1997 Non-Employee
Directors' Plan of Corrpro Companies, Inc. effective April 28, 1997; provided,
however, that this Waiver shall not constitute a waiver of relinquishment of the
Director's right to other benefits, such as indemnification and insurance
coverage, and to reimbursement from the Company, in accordance with the
Company's policy, for his ordinary and reasonable expenses incurred in
furtherance of his performance of his duties as a Board Member.

      The Director further certifies, acknowledges and agrees that he has read
and completely understands the provisions of this Waiver and that he is signing
freely and voluntarily, without duress, coercion or undue influence.

      IN WITNESS WHEREOF, the Director has executed this Waiver effective as of
the 30th day of March, 2004.

                                           By:___________________________

                                           Printed Name: _______________________


Schedule to Exhibit 10.18. The form of waiver of director's compensation
attached to this Annual Report on Form 10-K has been executed by James A.
Johnson, Jay I. Applebaum, and Jason H. Reed.
No. 9406.

#### The Board of Education of La Carne Special School District *v.*The Board of Education of Erie Township.

(Decided October 30, 1906.)

Error to Circuit Court of Ottawa County.

*Mr. George A. True,*for plaintiff in error.

*Mr. William Gordon*and *Mr. Malcolm Kelly,*for defendant in error.

Judgment affirmed.

Shauck, C. J., Crfw, Summers and Spear, JJ., concur.