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

**No. 13**  **- 6535** 

ERIC M. MCMILLIAN , Plaintiff

- Appellant ,
v. NC CENTRAL PRISON; J.D. CHURCH; LIEUTENANT PANTER; SERGEANT JASPER; OFFICER HENDERSON; OFFICER MORRISON; DIETICIAN AT CENTRAL PRISON , Defendants

- Appellees
.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh
. Louise W. Flanagan , District Judge. ( 5:10

- ct

- 03037

- FL )

Submitted : July 18, 2013 Decided: July 23, 2013

Before WILKINSON, MOTZ, and SHEDD , Circuit Judges.

Affirmed by un published per curiam opinion
. Eric M. McMillian, Appellant Pro Se. Joseph Finarelli, Assistant Attorney General, Raleigh, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Eric M. McMillian appeals from three order s that the district court entered in his 42 U.S.C. § 1983 (200 6 ) action: (1) the January 4, 2012 order granting two Defendants summary j udgment; (2) the September 7, 2012 order denying McMillian’s first motion for reconsideration of the January 4 order; and (3) the March 19, 2013 order granting another Defendant summary judgment and denying McMillian’s second motion for reconsideration of the January 4 order. We have reviewed the record and find no reversible error. Accordingly, although we grant leave to proceed in forma pauperis, we affirm for the reasons stated by the district court in these various orders
. See McMillian v. N.C. Centr al Prison , No. 5:10

- ct

- 03037

- FL (E.D.N.C. Jan. 4, 2012, Sept. 7, 2012, & Mar. 19, 2013) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the deci sional process.

AFFIRMED
<PAGE>   1
EXHIBIT 3A.1  AMENDMENT TO BY-LAWs
================================================================================
                                                           STATE OF DELAWARE
                                                           SECRETARY OF STATE
                                                        DIVISION OF CORPORATIONS
                                                       FILED 09:00 AM 10/24/2000
                                                           001534746 - 2177038


                            CERTIFICATE OF AMENDMENT

                                       OF

                          CERTIFICATE OF INCORPORATION

                                       OF

                     INFORMATION RESOURCE ENGINEERING, INC.


        Information Resource Engineering, Inc., a corporation organized and
existing under and by virtue of the General Corporation Law of the State of
Delaware, DOES HEREBY CERTIFY:

                FIRST. The Certificate of Incorporation of the Corporation is
hereby amended by striking out Article FIRST of the Certificate of Incorporation
and inserting in lieu thereof the following:

                "FIRST. The name of the corporation shall be: SafeNet, Inc."

                SECOND. That the Board of Directors of the Corporation, at a
meeting, duly convened and held adopted a resolution in which was set forth the
foregoing amendment to the Certificate of Incorporation, declaring said
amendment to be advisable and calling a meeting of stockholders of the
Corporation for consideration thereof.

                THIRD. That thereafter, pursuant to resolution of the Board of
Directors, a meeting of the stockholders of the Corporation was duly called and
held, upon notice in accordance with Section 222 of the General Corporation Law
of the State of Delaware at which meeting the necessary number of shares as
required by statute were voted in favor of the amendment.

                FOURTH. That the aforesaid amendment was duly adopted in
accordance with the applicable provisions of Section 242 of the General
Corporation Law of the State of Delaware.

                IN WITNESS WHEREOF, said Corporation has caused this Certificate
to be signed in its name and on its behalf by its President, and attested by its
Vice President, this 23rd day of October 2000.


        ATTEST:                                        ENGINEERING, INC.
                                                       INFORMATION RESOURCE



/s/ STEVEN TURNER                                 By: /s/ ANTHONY A. CAPUTO,
-----------------------------                        --------------------------
Steven Turner, Vice President                     Anthony A. Caputo, President
---

Exhibit 32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED
PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Garth Likes, hereby 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 Quarterly Report on Form 10-Q of Cyplasin Biomedical
      Ltd. for the period ended April 30, 2008 (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 Cyplasin Biomedical Ltd.                                                                 

|Dated: June 13, 2008 |                                                                
|-------------------- | ---------------------------------------------------------------
|                     |                                                                
|                     |                                                                
|                     | /s/ Garth
      Likes                                          
|                     | Garth Likes                                                    
|                     | President, Chief Executive
      Officer and Director          
|                     | (Principal Executive Officer,
      Principal Financial Officer
|                     | and Principal Accounting Officer)                              
|.                    | Cyplasin Biomedical
  Ltd                                      

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Cyplasin
Biomedical Ltd. and will be retained by Cyplasin Biomedical Ltd. and furnished
to the Securities and Exchange Commission or its staff upon request.

---
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 Annual Report of Telynx, Inc. (the "Company") on
Form10-KSB for the period ended October 31, 2004, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), the undersigned
certifies, 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.

Date: August 31, 2006

 /s/ Talieh Safadi
----------------------------------

Talieh Safadi, Chief Executive Officer
CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned officer of Earth Energy Reserves, Inc. (the "Company"),
hereby certifies, to such officer's knowledge, that the Company's
Quarterly Report on Form 10-QSB for the three months ended March 31,
2006 (the "Report") fully complies with the requirements of Section
13(a) 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.

                                 /s/James E. Hogue
                                 ----------------------
                                 James E. Hogue
                                 Chief Executive Officer
                                 Chief Financial Officer
May 23, 2006
Exhibit 32.1

Securities and Exchange Commission

100 F Street, N.E.

Washington, D.C. 20549



|RE: | Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)
|--- | ------------------------------------------------------------------------------------------------

Ladies and Gentlemen:

In connection with the Quarterly Report of SandRidge Mississippian Trust II (the Trust) on Form 10-Q for the quarterly period ended March 31, 2012 as filed with the Securities and
Exchange Commission on the date hereof (the Report), the undersigned, not in its individual capacity but solely as the Trustee of the Trust, certifies pursuant to 18 U.S.C. § 1350, that to its 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 Trust.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------

The above certification is furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and is not being filed as part of the Form 10-Q or as a separate disclosure document.



/s/ Michael J. UlrichMichael J. Ulrich Vice
President The Bank of New York Mellon Trust Company, N.A., as Trustee of SandRidge Mississippian Trust II


May 29, 2012
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<PAGE>
 
                                                                     EXHIBIT 11
 
                              ETEC SYSTEMS, INC.
 
           COMPUTATION OF EARNINGS PER COMMON SHARE AND EQUIVALENTS
                   (IN THOUSANDS, EXCEPT PER SHARE AMOUNTS)
 
<TABLE>
<CAPTION>
                                                          YEAR ENDED JULY 31,
                                                         ----------------------
                                                          1997    1996    1995
                                                         ------- ------- ------
<S>                                                      <C>     <C>     <C>
Weighted average common shares outstanding.............   20,787  16,554    839
Common equivalent shares from options, warrants, and
 convertible preferred stock(1)........................      --      --   4,524
Weighted average common stock equivalents calculated by
 the treasury stock method applied to options and
 warrants issued.......................................    1,216   1,742  1,205
Weighted average common equivalent shares from
 convertible preferred stock, calculating using the if-
 converted method......................................      --      --   8,026
                                                         ------- ------- ------
Weighted average common shares and equivalents.........   22,003  18,296 14,594
                                                         ======= ======= ======
Net income.............................................  $34,439 $36,861 $9,936
                                                         ======= ======= ======
Net income per share...................................  $  1.57 $  2.02 $ 0.68
                                                         ======= ======= ======
</TABLE>
--------
(1) Pursuant to the requirements of the Securities and Exchange Commission,
    common equivalent shares relating to the stock options and warrants, using
    the treasury stock method and the assumed initial public offering ("IPO")
    price of $9.50 per share, and common equivalent shares from convertible
    preferred stock, using the if-converted method, issued during the year
    prior to the IPO are included in the computation for the year ended July
    31, 1995.
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* 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

May 18, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-51147

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

EDUARDO GARCIA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:04-CR-904-ALL

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

Before DAVIS, SMITH, and DENNIS, Circuit Judges.

PER CURIAM:*

Eduardo Garcia (Garcia) appeals his jury-trial convictions

for importation of and possession with intent to distribute

marijuana, in violation of 21 U.S.C. §§ 841, 952, and 960. 

Garcia argues that the evidence presented at trial was

insufficient to prove beyond a reasonable doubt that he knew that

marijuana was hidden in the vehicle that he was driving. He

contends that the circumstantial evidence presented at trial

could equally support explanations of innocence or guilt. 
No. 04-51147

-2-

Although the jury may ordinarily infer the defendant’s

guilty knowledge from his control over a drug-laden vehicle, if

the drugs are contained in a hidden compartment, as in this case,

this court requires additional circumstantial evidence that

demonstrates guilty knowledge. United States v. Villarreal, 324

F.3d 319, 324 (5th Cir. 2003). 

At the point of his detention, Garcia exhibited nervous

behavior in the presence of federal agents. Based on the actions

described by the inspectors, the jury could have reasonably

inferred that Garcia was nervous concerning the discovery of the

marijuana in the car. 

Garcia’s inconsistent statements to the federal agents and

during the course of his trial testimony also constitute evidence

of his guilty knowledge. United States v. Diaz-Carreon, 915 F.2d

951, 954-55 (5th Cir. 1990). His implausible explanations for

his actions may be viewed as evidence of guilt. Id. at 955. 

Finally, the amount and value of the marijuana discovered in his

vehicle supports the jury’s finding of guilty knowledge. 

Villarreal, 324 F.3d at 324. The jury could have rationally

inferred that Garcia would not be entrusted with such valuable

cargo if he had not been a knowing participant in a drugsmuggling scheme. 

The evidence presented at trial was sufficient to allow a

rational jury to find that Garcia had knowledge of the marijuana
No. 04-51147

-3-

in the car. United States v. Ortega-Reyna, 148 F.3d 540, 543

(5th Cir. 1998). Accordingly, Garcia’s convictions are AFFIRMED.
Exhibit 31

                                  CERTIFICATION


I, Michael Heitz, CEO and CFO, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Robcor Properties,
Inc.;

2. Based on my knowledge, this quarterly 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 quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly 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 quarterly 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 we 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 is made known to us
by others within the Corporation, particularly during the period in which this
quarterly 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 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 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 function):

      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.


/s/ MICHAEL HEITZ
---------------------------
Michael Heitz
CEO and CFO

May 8, 2006