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

No. 19
- 6766

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. CEDRIC LLAWENLLYN SURRATT , Defendant

- Appellant

.

Appeal from the United States District Court for the Western District of North Carolina , at Asheville

. Martin K. Reidinger , District Judge. ( 1:12

- cr - 00055

- MR

- DLH

- 1; 1:18

- cv 00074

- MR )

Submitted : September 26, 2019 Decided: October 1, 2019

Before NIEMEYER and KEENAN , Circuit Judges , and HAMILTON, Senior Circuit.

Dismissed by un published per curiam opinion

. Cedric Llawenllyn Surratt, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit

.2 PER CURIAM: Cedric Llawenllyn Surratt seeks to appeal the district court’s order denying his Fed. R. Civ. P. 60(b) motion for relief from the district court’s prior order denying relief on hi s 28 U.S.C. § 225 5 (2012) motion and denying relief on his mot ion for judgment on the pleadings, or in the alternative for a writ of mandamus

. The order s are not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)( B ) (2012) ; Reid v. Angelone , 369 F.3d 363, 369 (4th Cir. 2004) , abrogated in part by United States v. McRae , 793 F.3d 392, 400 & n.7 (4th Cir. 2015) . 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) ( 2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. See Buck v. Davis , 137 S. Ct. 759, 773

- 74 (2017). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constituti onal right. Gonzalez v. Thaler , 565 U.S. 134, 140

- 41 (2012) (citing Slack v. McDaniel , 529 U.S. 473, 484 (2000))

. We have independently reviewed the record and conclude that Surrat t 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 are3 adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED
#### The State, ex rel. Castle National, Inc., et al., Appellees, *v.*Village of Wickliffe et al., Appellants.

(No. 31033

Decided June 4, 1947.)

*Messrs. Blakely é Blakely;*for appellees.

*Mr. Walter 1. -Krewson,*for appellants.

It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

*Appeal dismissed.*

Weygandt, C. J., Turner, Matthias, Hart, Zimmerman, Sohngen and Stewart, JJ., concur.
EXHIBIT 3

|Deloitte |  | Deloitte & Touche LLP
BCE Place
181 Bay Street
Suite 1400
Toronto, ON M5J 2V1
Canada
Tel: (416) 601-6150
Fax: (416) 601-6151
www.deloitte.ca
|-------- |  | --------------------------------------------------------------------------------------------------------------------------------------------

CONSENT OF INDEPENDENT REGISTERED CHARTERED ACCOUNTANTS

We consent to the use of our report dated January 31, 2005, appearing in this Annual Report on Form 40-F of Falconbridge Limited for the
year ended December 31, 2004. We also hereby consent to the incorporation by reference in this Registration Statement No. 333-111485 on
Form F-9 of our report dated January 31, 2005 of Falconbridge Limited,

(Signed)
DELOITTE & TOUCHE LLP
Independent Registered Chartered Accountants

Toronto,
Ontario
March 29, 2005

---



QuickLinks
**Exhibit 10.30**

AMENDMENT NO. 3 

TO 

ADVISORY AGREEMENT 

This amendment no. 3 to that certain Advisory Agreement dated as of November 8,2005 (the “Advisory Agreement”) between KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”), is entered asof October 18, 2006 (the “Amendment”). This Amendment supersedes and replaces Amendment No. 2 to the Advisory Agreement dated as of August 8, 2006. Capitalized terms used herein but not defined shall have the meaning setforth in the Advisory Agreement. 

WHEREAS, upon the terms set forth in this Amendment, the Advisor has agreed to advance the Company aportion of the Operating Expenses that the Company has incurred through the date hereof and agreed to be repaid this advance only upon the terms set forth below. 

NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 

Notwithstanding anything contained in Article 9 of the Advisory Agreement to the contrary, the Advisor hereby agrees to advance funds (the“Advance”) to the Company equal to the cumulative amount of distributions declared by the Company for the period ending November 30, 2006 less the amount of the Company’s funds from operations (as defined by NAREIT) fromJanuary 1, 2006 through November 30, 2006, provided that in no event will the amount of the Advance be more than the cumulative amount of distributions declared by the Company for the period ending November 30, 2006. Advisor furtheragrees that the Company will only be obligated to reimburse the Advisor for the Advance if and to the extent that the Company’s cumulative funds from operations for the period commencing January 1, 2006 through the date of any suchreimbursement exceed the lesser of (i) the cumulative amount of any distributions declared and payable to the Company’s Stockholders as of the date of such reimbursement or (ii) an amount that is equal to a 7.0% cumulative,non-compounded, annual return on Invested Capital for the Company’s Stockholders for the period from July 18, 2006 through the date of such reimbursement. Advisor understands and agrees that no interest shall accrue on the Advance beingmade under this Amendment. 

*Signature page follows.*

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year first abovewritten. 

 
KBS REAL ESTATE INVESTMENT TRUST, INC.By: /s/ Charles J. Schreiber, Jr. Charles J. Schreiber, Jr., Chief Executive OfficerKBS CAPITAL ADVISORS LLCBy: Schreiber Real Estate Investments, L.P., a Manager By: Schreiber Investments, LLC, as general partner  By: /s/ Charles J. Schreiber, Jr.   Charles J. Schreiber, Jr., Manager
<TABLE> <S> <C>


<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       1,771,000
<SECURITIES>                                         0
<RECEIVABLES>                                8,175,000
<ALLOWANCES>                                   590,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            10,231,000
<PP&E>                                      12,019,000
<DEPRECIATION>                               1,739,000
<TOTAL-ASSETS>                             132,741,000
<CURRENT-LIABILITIES>                        7,199,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                            6,000
<PREFERRED>                                      6,000
<COMMON>                                        49,000
<OTHER-SE>                                  57,836,000
<TOTAL-LIABILITY-AND-EQUITY>               132,741,000
<SALES>                                     37,174,000
<TOTAL-REVENUES>                            33,641,000
<CGS>                                                0
<TOTAL-COSTS>                               26,947,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           4,766,000
<INCOME-PRETAX>                              (869,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (869,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                958,000
<CHANGES>                                            0
<NET-INCOME>                               (7,334,000)
<EPS-PRIMARY>                                   (1.50)
<EPS-DILUTED>                                   (1.50)




</TABLE>
Dismissed and Memorandum Opinion filed August 28 , 2018

.

In The 

## Fourteenth Court of Appeals

NO. 14- 18 -00661- CR

SHANE POMPURA, Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court

Harris County, Texas Trial Court Cause No. 1486285

M E M O R A N D U M O P I N I O N

Appellant entered a guilty plea to theft. In accordance with the terms of a plea bargain agreement with the State, the trial court deferred adjudication of guilt and sentenced appellant to community supervision for two years. We dismiss the appeal.
The trial court entered a certification of the defendant’s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court’s certification is2

included in the record on appeal. See Tex. R. App. P. 25.2(d). The record supports
th e trial court’s certification. See Dears v. State , 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).
Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Justices Christopher, Donovan, and Brown. Do Not Publish — Tex. R. App. P. 47.2(b)
| 1.     | The forgoing Report on Form 10-Q/A fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and                 |
|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                             |
| 2.     | The information contained in the Report on Form 10-Q/A fairly presents, in all material respects, the financial condition and results of operations of the Fund. |
|   |                                                                                                                                                             |

|   |   /s/ Jeremy L. Standrod            |   |
|--------|-----------------------------------------------|--------|
|   | Jeremy L. Standrod, Managing Partner          |   |
|   | Aspen Partners, Ltd.                          |   |
|   | Managing Member of Aspen Diversified Fund LLC |   |

----
EXHIBIT 32

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 Trimaine Holdings, Inc. Liquidating Trust on Form 10-K for the period ended December
31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, the trustee of Trimaine Holdings, Inc. Liquidating
Trust, hereby 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 Trimaine
          Holdings, Inc. Liquidating Trust

Dated: March 31, 2005 /s/
Mark C. SteinleyMark C. SteinleyTrustee

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 Trimaine Holdings,
Inc. Liquidating Trust and will be retained by Trimaine Holdings, Inc. Liquidating Trust
and furnished to the Securities and Exchange Commission or its staff upon request.
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 24
- 0166 STATE OF MONTANA,

Plaintiff and Appellee,
v. JONATHAN LOUIS KESSLER ,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including September 9 , 2024, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

August 2 2024

08/02/2024

Case Number: DA 24-0166
Exhibit
      31.1





CERTIFICATION




I,
      James
      G. Reindl, certify that:




1.
      I have
      reviewed this Quarterly Report on Form 10-QSB/A for the quarter ended June 30,
      2006, of Techprecision Corporation;




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 we 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 fourth fiscal quarter
      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:




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:
                June 13, 2007
            
            /s/ James
                G. ReindlJames
              G. ReindlChief
              Executive Officer
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

June 25, 2012

d0618

Order 

June 25, 2012

144683

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 144683

COA: 301614

Saginaw CC: 08-031729-FH

CHRISTOPHER JAMES PFEIFFER,

Defendant-Appellant. 

_________________________________________/

On order of the Court, the application for leave to appeal the January 10, 2012 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court.
Exhibit 32.2

CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section 1350,

Chapter 63 of Title 18, United States Code)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Smart Balance, Inc., a Delaware corporation (the Company), does hereby certify, to such officers knowledge, that:

The Quarterly Report on Form 10-Q for the quarter ended June 30, 2007 (the Form 10-Q) of the Company fully complies with the requirements
of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                     |  |     |  |                                                                                                       
|-------------------- |  | --- |  | ------------------------------------------------------------------------------------------------------
|                     |  |    
|Date: August 9, 2007 |  | By: |  | /s/ Robert S. Gluck                                                                                   
|                     |  |     |  | Robert S. Gluck Vice Chairman and Chief Financial Officer (Principal financial and accounting officer)

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.
Exhibit 99.1




                                 CERTIFICATION
                                      OF
                              PSB HOLDINGS, INC.
                UNDER SECTION 906 OF SARBANES-OXLEY ACT OF 2002


     The undersigned Chief Executive Officer of PSB Holdings, Inc. (the
"Company") certifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that (1) the Annual Report on Form 10-K of the Company
for the fiscal year ended December 31, 2002 (the "Report") fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934, 15 U.S.C. 78m or 78o(d), and (2) the information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operation of the Company.

     Date: March 4, 2003

                                          DAVID K. KOPPERUD
                                          David K. Kopperud
                                          President and CEO


     The undersigned Chief Financial Officer of PSB Holdings, Inc. (the
"Company") certifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that (1) the Annual Report on Form 10-K of the Company
for the fiscal year ended December 31, 2002 (the "Report") fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934, 15 U.S.C. 78m or 78o(d), and (2) the information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operation of the Company.

     Date: March 4, 2003

                                          SCOTT M. CATTANACH
                                          Scott M. Cattanach
                                          Treasurer and Chief Financial Officer
1 

### Kelly, Shaheerah

From: Raju Bisht <rbisht@navajo-nsn.gov>

Sent: Friday, August 22, 2014 9:18 AM

To: Kelly, Shaheerah Subject: Info
Attachments: MAP_FC.pdf; SNOW_FC.docx

Hi Shaheerah,

It was nice talking to you the other day. Regarding your queries, I tried asking around but did not get response. So, This

is what I found on the internet. Please see attachment. I believe the McElmo facility is near Montezuma creek. Nearby

towns would be Blanding, UT, Cortez, CO, and Shiprock, NM (Navajo Nation). Your nearby Navajo Chapters would be Aneth, Red Mesa, and maybe Shiprock. On an average, nearby town of Blanding, UT gets 3.2 inches of snow in Nov, 10.1

in Dec, 10.9 in Jan, 7.4 in Feb, and 4.3 in March. Please see attached map and document. Again, this is all from the internet, I will let you know if I hear back from anybody.

Raju

### Aneth Chapter P.O. Box 430 Montezuma Creek, UT 85434 Phone: (435) 651-3494 Fax: (435) 651-3413 E-mail: aneth@navajochapters.org

Red Mesa Chapter P.O. Box 422 Montezuma Creek, UT 84534 Phone: (928) 656-3655/3656 Fax: (928) 656-3658 E-mail: redmesa@navajochapters.org

Shiprock Chapter P.O. Box 3810 Shiprock, NM 87420 Phone: (505) 368-1081 Fax : (505) 368-1092 E-mail: shiprock@navajochapters.org

[ hide ] Climate data for Blanding, Utah. (data from 1904-2013) Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year Record high °F (°C) 63 (17) 71 (22) 86 (30) 88 (31) 98 (37) 110 (43) 109 (43) 106 (41) 100 (38) 99 (37) 74 (23) 65 (18) 110 (43) Average high °F (°C) 39.2 (4) 44.9 (7.2) 53.0 (11.7) 62.4 (16.9) 72.5 (22.5) 83.6 (28.7) 88.8 (31.6) 86.3 (30.2) 78.4 (25.8) 66.0 (18.9) 51.6 (10.9) 41.2 (5.1) 64.0 (17.8) Average low °F (°C) 17.3 (

− 8.2) 22.4 (

− 5.3) 28.0 (

− 2.2) 34.5 (1.4) 42.4 (5.8) 51.1 (10.6) 58.2 (14.6) 56.4 (13.6) 48.6 (9.2) 38.2 (3.4) 27.0 (

− 2.8) 19.3 (

− 7.1) 37.0 (2.8)

Record low °F (°C) − 20 (

− 29) − 23 (

− 31) − 3 (

− 19) 10 (

− 12) 15 (

− 9) 28 (

− 2) 32 (0) 38 (3) 20 (

− 7) 10 (

− 12) − 7 (

− 22) − 13 (

− 25) − 30 (

− 34) Precipitation inches (mm) 1.40 (35.6) 1.22 (31) 1.02 (25.9) 0.86 (21.8) 0.71 (18) 0.44 (11.2) 1.15 (29.2) 1.36 (34.5) 1.28 (32.5) 1.44 (36.6) 1.03 (26.2) 1.39 (35.3) 13.29 (337.6) 

### Snowfall inches (cm) 10.9 (27.7) 7.4 (18.8) 4.3 (10.9) 1.9 (4.8) 0.2 (0.5) 0 (0) 0 (0) 0 (0) 0 (0) 0.4 (1) 3.2 (8.1) 10.1 (25.7) 38.3 (97.3)

Source: The Western Regional Climate Center [9]
**EXHIBIT32.2**

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe Quarterly Report of First Investors Financial Services, Inc., (the “Company”)on Form 10-K for the period ending April 30, 2007 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Bennie H. Duck,Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that:

(1)          The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the Securities Actof 1934; and

(2)          The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

Date:  July 24, 2007
|        | By: /s/ Bennie H. Duck  |   |
|--------|-------------------------|--------|
|   | Bennie H. Duck          |
|   | Chief Financial Officer |

 

----