alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21

- 7341

FREDERICK LYNN SELLERS , Petitioner

- Appellant ,

v. BRYAN K. DOBBS, Warden , Respondent

- Appellee

.

Appeal from the United States District Court for the District of South Carolina , at Orangeburg

. R. Bryan Harwell, Chief District Judge. ( 5:20

- cv - 01683

- RBH )

Submitted : February 17, 2022 Decided: February 23, 2022

Before AGEE and RUSHING , Circuit Judges , and SHEDD, Senior Circuit Judge

.

Affirmed as modified by un published per curiam opinion

.
Frederick Lynn Sellers , Appellant Pro Se. Lauren L. Hummel, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Frederick Lynn Sellers , a federal prisoner, appeals the dis trict court’s order adopting the recommendation of the magistrate judge and dismissing for lack of jurisdiction his
28 U.S.C. § 2241 petition in which he sought to challenge his conviction by way of the savings clause in 28 U.S.C. § 2255. Pursuant to § 22 55(e), a prisoner may challenge his conviction in a traditional writ of habeas corpus pursuant to § 2241 if a § 2255 motion would be inadequate or ineffective to test the legality of his detention. [Section] 2255 is inadequate and ineffective to test the legality of a conviction when: (1) at the time of conviction, settled law of this circuit or the Supreme Court established the legality of the conviction; (2) subsequent to the prisoner’s direct appeal and first § 2255 motion, the substantive law chang ed such that the conduct of which the prisoner was convicted is deemed not to be criminal; and (3) the prisoner cannot satisfy the gatekeeping provisions of § 2255 because the new rule is not one of constitutional law.
In re Jones , 226 F.3d 328, 333

- 34 ( 4th Cir. 2000). We have reviewed the record and, following the Supreme Court’s decision in
Greer v. United States , 141 S. Ct. 2090 (2021), find no reversible error in the district court’s determination that Sellers failed to demonstrate that 28 U.S.C. § 2255 is an inadequate or ineffective means of challenging his conviction. However, because the district court lacked jurisdiction over Sellers’ § 2241 petition, Rice v. Rivera , 617 F.3d 802,
807

- 08 (4th Cir. 2010) (per curiam), we modify the court’s order to reflect that the dismissal of Sellers’ petition is without prejudice and affirm the order, Sellers v. Dobbs , No. 5:20

- cv - 01683

- RBH (D.S.C. Sept. 7, 2021), as modified, see 28 U.S.C. § 2106;
S. Walk at Broadlands Homeowner ’ s Ass ’ n , Inc. v. OpenBand at Broadlands, LLC , 713 F.3d 175, 185 (4th Cir. 2013). We deny Sellers’ motion to appoint counsel and3 dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument wou ld not aid the decisional

process.
AFFIRMED AS MODIFIED
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EXHIBIT 32.1

   

   CERTIFICATION PURSUANT TO 18 USC SECTION 1350,

   AS ADOPTED PURSUANT TO SECTION 906

   OF THE SARBANES-OXLEY ACT OF 2002

   

   

   In connection with the Quarterly Report on Form 10-Q for the quarter ended July 31, 2015 of mCig, Inc. (the “Company”), as filed with the Securities and Exchange Commission on or about the date hereof (the “Report”), I, Paul Rosenberg, President 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 Sections 13(a) or 15(d) of the Securities Exchange Act of 1934; and

   

   (2) Information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
  Dated: September 14, 2015/s/ Paul RosenbergBy:

   Paul RosenbergIts:

   Chief Executive Officer(Principal Executive Officer)
  This certification accompanies this report on Form 10-Q pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purpose of Section 18 of the Securities Exchange Act of 1934, as amended.
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Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

April 9, 2012 

Order 

 

April 9, 2012 

140401(54) 

VIVIAN ATKINS, 

Plaintiff-Appellee, 

 SC: 140401 

v COA: 288461 

Wayne CC: 07-721025-NI 

SUBURBAN MOBILITY AUTHORITY FOR 

REGIONAL TRANSPORTATION, d/b/a 

SMART, 

Defendant-Appellant. 

_________________________________________ 

 On order of the Chief Justice, the motion by the Michigan Association for Justice 

for leave to file a brief amicus curiae in this case is considered and it is granted.
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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 Sprague Resources LP (the Partnership) on Form 10-Q for the three months ended
September 30, 2013, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Gary A. Rinaldi, Senior Vice President, Chief Operating Officer and Chief Financial Officer of the general partner of the
Partnership, certify pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to 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 Partnership.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                          
|--------------------------------------------------------------------------
|Date: November 27, 2013                                                   
|                                                                          
|/s/ GARY A. RINALDI                                                       
|                                                                          
|Gary A. Rinaldi                                                           
|Senior Vice President, Chief Operating Officer and Chief Financial Officer
|(Principal Financial Officer)                                             

This certification accompanies this Report on Form 10-Q pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Partnership for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF THE THORSDEN GROUP LTD. FOR THE YEAR ENDED 3/31/98 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                           MAR-31-1998
<PERIOD-START>                              APR-1-1997
<PERIOD-END>                                MAR-31-1998
<CASH>                                             568
<SECURITIES>                                       682
<RECEIVABLES>                                        8
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                  1258
<PP&E>                                             199
<DEPRECIATION>                                       6
<TOTAL-ASSETS>                                    1580
<CURRENT-LIABILITIES>                              205
<BONDS>                                              0
<PREFERRED-MANDATORY>                               20
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                        1328
<TOTAL-LIABILITY-AND-EQUITY>                      1580
<SALES>                                            144
<TOTAL-REVENUES>                                   144
<CGS>                                                2
<TOTAL-COSTS>                                      796
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   3
<INCOME-PRETAX>                                  (636)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (636)
<EPS-PRIMARY>                                   (0.06)
<EPS-DILUTED>                                   (0.06)
        

</TABLE>
Exhibit 31.1





Certification of Chief Executive Officer





I, Michael T. Moe, Chief Executive Officer of GSV Capital Corp. certify that:





1. I have reviewed this quarterly report on Form 10-Q of GSV Capital Corp.;





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)) for the registrant and have:





(a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us 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 our 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 registrant’s 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. 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 the 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 control 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 control over financial reporting.





Dated this 13th day of June 2011.





By:
/s/ Michael T. MoeMichael T. Moe

Chief Executive Officer
EXHIBIT 32


CERTIFICATION PURSUANT TO SECTION 906

Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, I, the
undersigned officer of the Driftwood Acquisition Corporation
(the "Company"), hereby certify to my knowledge that:

The Report on Form 10-Q for the quarter ended June 30,
2011 of the Company fully complies, in all material respects,
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 represents, in all material respects, the
financial condition and results of operations of the Company.

A signed original of this written statement required by Section
906 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.


                             /s/ James M. Cassidy
                                 President, Director,
                                 Chief Executivie Officer,
                                 Chief Financial Officer and
                                 Principal Accounting Officer
Date: August 19, 2011
EXHIBIT
32.1

CERTIFICATION
OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL 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 Report of Neptune Acquisition Corp. (the “Company”) on Form 10-Q for the period ended September
30, 2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, William Tay,
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/ William Tay

William
Tay, President, Secretary and

Principal
Financial Officer

Dated:
November 7, 2012