alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 23.1**

**Consent of Independent Registered Public Accounting Firm**

The Board of Directors 

Allion Healthcare, Inc. 

We hereby consent to the incorporation by referencein the Registration Statement on Form S-8 (No. 333-127758) of Allion Healthcare, Inc. of our report dated March 15, 2006, except for Note 2, which is dated November 17, 2006, relating to the consolidated financial statements and schedules,and our report dated March 15, 2006 relating to the effectiveness of Allion Healthcare, Inc.’s internal control over financial reporting, which appear in this Form 10-K/A. 

 

/s/ BDO Seidman, LLP 

 

November 17, 2006
#### Clifton MATHERNE, Sr., et al. v. Archbishop Philip HANNAN, et al.

No. 89-CC-0039.

Supreme Court of Louisiana.

Feb. 17, 1989.

In re Matherne, Clifton Sr.; Matherne, Evelyn Individ.;—Plaintiff(s); applying for writ of certiorari and/or review, supervisory and/or remedial writs; to the Court of Appeal, Fourth Circuit, No. 88CW-2073; Parish of Orleans, Civil District Court, Div. “L”, No. 87-15328.

Denied.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from form 10 KSB
for the year ended March 31, 1999 and is qualified in its entirety by reference
to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          29,188
<SECURITIES>                                         0
<RECEIVABLES>                                   36,395
<ALLOWANCES>                                    30,330
<INVENTORY>                                     25,400
<CURRENT-ASSETS>                                80,653
<PP&E>                                         256,388
<DEPRECIATION>                                 193,227
<TOTAL-ASSETS>                                 467,735
<CURRENT-LIABILITIES>                        6,842,755
<BONDS>                                        388,000
<PREFERRED-MANDATORY>                              454
<PREFERRED>                                          0
<COMMON>                                         6,358
<OTHER-SE>                                 (6,789,517)
<TOTAL-LIABILITY-AND-EQUITY>                   467,735
<SALES>                                        806,759
<TOTAL-REVENUES>                               806,759
<CGS>                                          134,354
<TOTAL-COSTS>                                  443,420
<OTHER-EXPENSES>                             1,836,492
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (1,233,965)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (986,539)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,233,965)
<EPS-BASIC>                                     (0.19)
<EPS-DILUTED>                                   (0.19)


</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-6241

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

LAUREN ANTHONY WATSON, JR.,

Petitioner - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Anderson. Henry M. Herlong, Jr., District Judge.

(CR-97-262, CA-98-4125-7)

Submitted: April 27, 2000 Decided: May 3, 2000

Before NIEMEYER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Lauren Anthony Watson, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Lauren Anthony Watson, Jr., seeks to appeal the district

court’s orders denying his motion filed under 28 U.S.C.A. § 2255

(West Supp. 1999) and his motion for reconsideration. We have

reviewed the record and the district court’s orders and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court.

See United States v. Watson, Nos. CR-97-262; CA-98-4125-7 (D.S.C.

Jan. 3 & Feb. 7, 2000). 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.

DISMISSED
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-7762

In Re: CHRISTOPHER R. WOODBERRY,

Petitioner.

On Petition for Writ of Mandamus.

(CA-05-1440-4; CR-02-40)

Submitted: February 28, 2006 Decided: March 15, 2006

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Christopher R. Woodberry, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Christopher Raphael Woodberry petitions for writ of

mandamus, alleging the district court has unduly delayed acting on

his motion under 28 U.S.C. § 2255 (2000). He seeks an order from

this court directing the district court to act. He also requests

expedited consideration of his petition. We find there has been no

undue delay in the district court. Accordingly, while we grant

Woodberry’s application to proceed in forma pauperis in this court,

we deny his petition for mandamus relief. We deny Woodberry’s

motion for expedited consideration as moot. 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.

PETITION DENIED
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 ADM Tronics Unlimited, Inc. (the “Company”)
on Form 10-K for the year ended March 31, 2010 (the “Report”), filed with the
Securities and Exchange Commission, on the date hereof, Andre’ DiMino, Chief
Executive Officer and Chief Financial Officer, of the Company 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 as amended; and




(2) The
information contained in the Report fairly presents, in all material respects,
the consolidated financial condition of the Company as of the dates presented
and the consolidated result of operations of the Company for the periods
presented.




Date:
      June 29, 2010
            /s/
      Andre’ DiMinoChief
      Executive Officer andChief
      Financial Officer









The
foregoing certification is being furnished solely 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) and is not being filed as part of the Form 10-Q
or as a separate disclosure document.




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 ADM Tronics Unlimited, Inc. and will be
retained by ADM Tronics Unlimited, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

# AGENCY:

Office of the National Coordinator for Health Information Technology, Department of Health and Human Services (HHS).

# ACTION:

**Federal Register** Notice; Correction.

# SUMMARY:

On March 22, 2012 the Office of the National Coordinator for Health Information Technology, located within the Department of Health and Human Services (HHS) published a notice in the **Federal Register** (77 FR 17060) announcing requirements and registration for a Beat Down Blood Pressure Video Challenge. This challenge will not be open to the public until Wednesday, March 28th. On 3/28, we encourage you to visit *http://BloodPressure.Challenge.gov* for a complete set of rules and requirements for this contest.

# FOR FURTHER INFORMATION CONTACT:

For questions concerning this notice please contact: Erin Poetter, MPH, Office of the National Coordinator for Health Information Technology, HHS, *erin.poetter@hhs.gov* or 202-205-3310.

Dated: March 21, 2012.

Erin Poetter,

Consumer e-Health Policy Analyst ONC, Department of Health and Human Services.

[FR Doc. 2012-7485 Filed 3-28-12; 8:45 am]

BILLING CODE 4150-45-P
#### STATE of Florida, Appellant, v. Dudley S. HAINES, Appellee.

No. 88-1363.

District Court of Appeal of Florida, Fifth District.

May 11, 1989.

Rehearing Denied June 6, 1989.

*1279Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellant.

Michael J. Snure, of Muller, Kirkconnell, Lindsey & Snure, P.A., Winter Park, for appellee.

SHARP, Chief Judge.

The state appeals from the trial court’s order which suppressed evidence located within Haines’ home. Haines was charged with possession of a controlled substance, cannabis, in excess of twenty grams.1 Haines argued below that the police lacked sufficient probable cause to search for a possible burglar in his residence where the cannabis was discovered; and that they exceeded the bounds of a reasonable search when a police officer peeked into a closet and found marijuana plants growing in a large terrarium. We reverse.

The record of the suppression hearing established that Haines’ well-meaning neighbor, Moore, called the police to investigate a possible burglary of Haines’ residence. Moore occupied the other half of Haines’ duplex. He told the three police officers when they arrived that the owner or people living in Haines’ duplex were out-of-town on a fishing trip. He was concerned because he noted that the front door of Haines’ residence was standing open approximately four to five inches. It was 8:00 p.m.; and no lights were on inside.

At that point, the police officers opened the door and announced they were members of the police department. Receiving no response, they searched the various rooms of the residence for an intruder. While making the search, they pulled aside a curtain covering the entrance to a closet in the hallway, and discovered the terrarium. It was in plain view, and the closet was sufficiently large to have provided a hiding place for a possible burglar.

We think the police officers were justified under these circumstances in conducting a search of the residence for possible intruders. *State v. Mann,*440 So.2d 406 (Fla. 4th DCA 1983); *Guin v. City of Riviera Beach,*388 So.2d 604 (Fla. 4th DCA 1980); *State v. Garcia,*374 So.2d 601 (Fla. 3d DCA 1979). Sufficient exigent circumstances existed to excuse the obtaining of a search warrant. *See Johnson v. State,*386 So.2d 302 (Fla. 5th DCA 1980). The search conducted here was *not*for cannabis, but for a possible burglar. The fact that the police discovered cannabis in plain view in a place they were entitled to search for an intruder was bad luck for Haines, but it does not invalidate their search and discovery. *See Sheff v. State,*301 So.2d 13 (Fla. 1st DCA 1974), *affirmed,*329 So.2d 270 (Fla.1976).

REVERSED and REMANDED.

ORFINGER and COWART, JJ., concur.

1

. §§ 893.03(l)(c), 893.13(1), Fla.Stat. (1987).
N OTE : This disposition is nonprecedential.


# United States **Court of Appeals**  **for the Federal Circuit**

______________________
AMERICAN AQUASOURCE, INC, Appellant,

v.

JOHN MCHUGH, S ecretary of the Army
, Appellee.

______________________

2014

- 1083

______________________
Appeal from the Armed Services Board of Contract Appeals in No s. 56677 and 57275, Administrative Judge Elizabeth A. Tunks.

______________________

JUDGMENT

______________________

S USAN K. M ONTEE , of St. Joseph, Missouri, argued for appellant.

S TEVEN M. M AGER
, Trial Attorney , Commercial Litig ation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. O n the b rief were S TUART F. D ELERY , Assistant Attorney General, R OBERT E. K IRSCHMAN
, J R

. , Director, M ARTIN F. H OCKEY
, J R ., Assistant Director

, and D AVID A. H ARRINGTON , Senior Trial Counsel.______________________

T HIS C AUSE having been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (L OURIE
, R EYNA
, and T ARANTO
, Circuit Judges ).

AFFIRMED

. See Fed. Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

October 10, 2014 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

LAWRENCE REMSEN,

 Petitioner - Appellant,

 v.

ATTORNEY GENERAL OF THE STATE

OF CALIFORNIA; JAMES E. TILTON;

JAMES DAVIS; M. MARTEL; ARNOLD

SCHWARZENEGGAR,

 Respondents - Appellees.

No. 09-15756

D.C. No. 2:08-cv-00447-FCDEFB

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Frank C. Damrell, Senior District Judge, Presiding

Submitted December 27, 2011** 

San Francisco, California

Before: FARRIS, BEEZER, and LEAVY, Circuit Judges.

FILED

MAR 06 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

Lawrence Remsen appeals pro se the district court’s order dismissing his

petition for habeas corpus under 28 U.S.C. § 2254. We have jurisdiction pursuant

to 28 U.S.C. § 1291. The facts of the case are known to the parties. We repeat

them only as necessary.

The Antiterrorism and Effective Death Penalty Act (AEDPA) bars the filing

of second or successive petitions unless the prisoner has obtained an order from the

appropriate court of appeals authorizing the district court to consider the petition. 

28 U.S.C. § 2244(b)(3)(A)–(E). If a prisoner fails to obtain such an order, the

district court lacks jurisdiction to consider the petition and should dismiss it. 

Burton v. Stewart, 549 U.S. 147, 157 (2009) (per curium). 

Remsen filed a federal habeas petition in 2002, which was dismissed as

untimely under 28 U.S.C. § 2244(d)(1). This constitutes a dismissal on the merits

under AEDPA, McNabb v. Yates, 576 F.3d 1028, 1029 (9th Cir. 2009), making the

2002 petition Remsen’s first federal habeas petition for the purposes of AEDPA’s

bar on second petitions. Therefore when Remsen sought to file the instant petition

in 2008, he was obligated to obtain an order from this court authorizing the filing. 

The district court correctly held that his failure to do so meant that it lacked
3

jurisdiction to consider the petition. Accordingly, the judgment of the district court

is affirmed. Remsen’s pending motion to take judicial notice is denied as moot.

AFFIRMED
EXHIBIT 31.1
 Certification of the Chief Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act.
  1.
    
    I have reviewed this Quarterly Report on Form 10-QSB of Xenonics Holdings, Inc.;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 small business issuer as of, and for, the
periods presented in this report;4.
    
    The small business issuer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 small business issuer 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 small business issuer, 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 small business issuer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; andc)
    
    Disclosed in this report any change in the small business issuers
internal control over financial reporting that occurred during the small business
issuers most recent fiscal quarter (the small business issuers fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuers internal
control over financial reporting; and
 5.
    
    The small business issuers other certifying officer and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the small
business issuers auditors and the audit committee of the small business issuer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 small business issuers ability to record, process,
summarize and report financial information; andb)
    
    Any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuers internal
control over financial reporting.
 Date:  August 12, 2008
    /s/ Charles W. HunterName:
    Charles W. HunterTitle:
    Chief Executive Officer
Exhibit 32.1





CERTIFICATION





Each of the undersigned officers of Cyalume Technologies Holdings, Inc. (the "Company") hereby certifies that, to his knowledge, the Company's Quarterly Report on Form 10-Q to which this certification is attached (the "Report"), as filed with the Securities and Exchange Commission on the date hereof, fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date: May 9, 2011

/s/  DEREK DUNAWAYDerek Dunaway, Chief Executive Officer(Principal Executive Officer)Date: May 9, 2011

/s/  MICHAEL BIELONKOMichael Bielonko, Chief Financial Officer(Principal Financial Officer andChief Accounting Officer)





This certification is being furnished and not filed, and shall not be incorporated into any document for any purpose, under the Securities Exchange Act of 1934 or the Securities Act of 1933.
EXHIBIT 32.1




CERTIFICATION OF CHIEF EXECUTIVE OFFICER


PURSUANT TO 18 U.S.C. SECTION 1350


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





The undersigned, the Chairwoman and Chief Executive Officer of Universal Travel Group (the “Company”), does hereby certify under the standards set forth and solely for the purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q/A of the Company for the quarter ended June 30, 2010 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in that Form 10-Q/A fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated: July 22, 2011
/s/ Jiangping JiangJiangping JiangChairwoman and Chief Executive Officer
----

**Exhibit 13.2**

 In connection with the Report of Dynamic Oil & Gas, Inc.  (the Company) on Form 20-F for the twelvemonth period ending December 31, 2003  as filed with the Securities and Exchange Commission on the date hereof (the  Report), I, Michael A. Bardell, Chief Financial Officer and Coporate Secretary  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: 

 The Report fully complies 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 presents, in  all material respects, the financial condition and results of operations of  the Company. 

/s/ Michael A. Bardell                                  

 Michael A. Bardell   Chief Financial Officer  (Principal Financial and Accounting Officer) 

 May 17, 2004 

 A signed original of this written statement required by Section  906 has been provided to Dynamic Oil & Gas, Inc. and will be retained by  Dynamic Oil & Gas, Inc. and furnished to the Securities Exchange Commission  or its staff upon request. 

----
EXHIBIT 32.1

                            CORD BLOOD AMERICA, INC.

                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 Cord Blood America, Inc.
(the "Company") on Form 10-QSB for the period ending June 30, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Sandra D. Smith, Chief Financial Officer (Principal Financial and Accounting
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 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 22, 2005


/s/Sandra D. Smith
------------------
Sandra D. Smith
Chief Financial Officer
(Principal Financial and Accounting Officer)