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*This order and judgment is not binding precedent, except under the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 and 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

MAR 9 1998

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

JOHN HERRERA,

Petitioner-Appellant,

v.

TIM LEMASTER, Warden, New

Mexico State Penitentiary;

ATTORNEY GENERAL FOR THE

STATE OF NEW MEXICO,

Respondents-Appellees.

No. 97-2325

(Dist. of New Mexico)

(D.C. No. CIV-97-737-LH)

ORDER AND JUDGMENT*

Before BALDOCK, EBEL, and MURPHY, Circuit Judges. 

After examining the briefs and the appellate record, this three-judge panel

has unanimously determined that oral argument would not be of material

assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th
-2-

Cir. R. 34.1.9. Petitioner’ request to submit the case on the briefs is granted, and

the case is ordered submitted without oral argument.

John Herrera, proceeding pro se and in forma pauperis , seeks a certificate

of appealability to appeal the district court’s denial of habeas corpus petition

brought pursuant to 28 U.S.C. § 2254. See 28 U.S.C. § 2253(c)(1)(A) (providing

that “[u]nless a circuit justice or judge issues a certificate of appealability, an

appeal may not be taken to the court of appeals from the final order in a habeas

corpus proceeding in which the detention complained of arises out of process

issued by a state court”). Because Herrera has failed to make “a substantial

showing of the denial of a constitutional right,” we deny Herrera’s request for a

certificate of appealability and dismiss the appeal. See id . § 2253(c)(2)

(certificate of appealability will issue only upon substantial showing of denial of

constitutional right); Barefoot v. Estelle , 463 U.S. 880, 893 & n.4 (holding that a

petitioner can make a substantial showing of the denial of constitutional right by

demonstrating that the issues raised are debatable among jurists, that a court

could resolve the issues differently, or that the questions deserve further

proceedings).

Upon de novo review of Herrera’s application for a certificate of

appealability and brief, the magistrate judge’s Report and Recommendation, and

the entire record on appeal, this court concludes that Herrera has failed to
-3-

demonstrate that the district court’s resolution of his petition is debatable or is

reasonably subject to a different outcome on appeal to this court. This same

review leads us to conclude that none of the issues raised by Herrera are

deserving of further proceedings. Because Herrera has not made a substantial

showing of the denial of a constitutional right, this court DECLINES Herrera’s

request for a certificate of appealability and DISMISSES this appeal.

ENTERED FOR THE COURT

Michael R. Murphy

Circuit Judge
EXHIBIT 31.2
                     RULE 13a-14(a)/15d-14(a) CERTIFICATION

I, Lee R. Schlesinger, certify that:

1. I have  reviewed  this  quarterly  report  on Form 10-Q of  Naugatuck  Valley
Financial Corporation (in organization);

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  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 registrant's board of directors
(or persons performing the equivalent function):

         a) all significant  deficiencies and material weakness 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.

Date: September 27, 2004

By: /s/ Lee R. Schlesinger
    -----------------------------
    Vice President and Treasurer (principal financial officer)
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

I, Leslie A. Blodgett , Chief Executive Officer, and I, Myles B.
McCormick, Chief Financial Officer, each certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Bare Escentuals, Inc. (the Company)
on Form 10-Q for the quarterly period ended March 29, 2009, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Report fairly presents, in
all material respects, the financial condition and results of operations of the Company.

Date: May 8, 2009



By:

/s/ LESLIE A. BLODGETTLeslie A. BlodgettChief Executive Officer and DirectorBy:

/s/ MYLES B. MCCORMICKMyles B. McCormickExecutive Vice President, Chief Financial Officer and Chief Operating Officer


The foregoing certification is being furnished solely pursuant to 18 U.S.C.
Section 1350 and is not being filed as part of the Report or as a separate disclosure document.
Exhibit  32.1

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
           PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     I,  Carey  G.  Birmingham,  certify, pursuant to 18 U.S.C. Section 1350, as
adopted  pursuant  to  Section  906  of the Sarbanes-Oxley Act of 2002, that the
Quarterly  Report  of  College  Oak  Investments,  Inc.  on  Form 10-QSB for the
quarterly  period ended January 31, 2005 fully complies with the requirements of
Section  13(a)  or  15(d)  of  the  Securities  Exchange  Act  of  1934 and that
information  contained  in  such  Form  10-QSB  fairly  presents in all material
respects  the  financial  condition  and  results  of  operations of College Oak
Investments,  Inc.

                                     By:/s/ Carey G. Birmingham
                                     --------------------------
                                     Carey G. Birmingham
                                     Chief Executive Officer and
                                     Chief Financial Officer
March 3, 2005


<PAGE>
|                                                                                     |   | Three Months Ended |   | Nine Months Ended |
|------------------------------------------------------------------------------------------|--------|--------------------|--------|-------------------|
|                                                                                     |   | March 31, 2010     |   | March 31, 2010    |
|                                                                                     |   |               |   |              |
|                                                                                     |   |               |   |              |
| Income available to common stockholders                                                  | $      | 1,864              | $      | 4,800             |
|                                                                                     |   |               |   |              |
| Weighted average shares outstanding                                                      |   | 67,875             |   | 67,989            |
|                                                                                     |   |               |   |              |
| Basic earnings per share                                                                 | $      | 0.03               | $      | 0.07              |
|                                                                                     |   |               |   |              |
| Income for diluted earnings per share                                                    | $      | 1,864              | $      | 4,800             |
|                                                                                     |   |               |   |              |
| Total weighted average common shares and equivalents outstanding for diluted computation |   |  67,875       |   |  67,989      |
|                                                                                     |   |               |   |              |
| Diluted earnings per share                                                               | $      | 0.03               | $      | 0.07              |
|                                                                                     |   |               |   |              |

----
EXHIBIT 32.1
                            CERTIFICATION PURSUANT TO
                                 18 U.S.C. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of BOOMERS'  CULTURAL  DEVELOPMENT,  INC
(the  "Company")  on Form 10-QSB for the period ended August 31, 2005,  as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Bruce Ellsworth, Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C.  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/ Bruce Ellsworth
                                                   --------------------------
Date: October 26, 2005           Bruce Ellsworth
                             Chief Executive Officer
# C_2004118EN.01000202.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 118/2 |
| --- | --- | --- | --- |

30.4.2004

EN

Official Journal of the European Union

C 118/2

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 29 April 2004

in Case C-496/99 P: Commission of the European Communities v CAS Succhi di Frutta SpA (1)

1

(Appeal - Common Agricultural Policy - Food aid - Commission decision amending conditions after the contracts awarded - Payment of tenderers in fruit other than those specified in the notice of invitation to tender)

(2004/C 118/04)

Language of the case: Italian

In Case C-496/99 P: appeal by the Commission of the European Communities (Agents: initially F. Ruggeri Laderchi, and subsequently T. van Rijn and L. Visaggio, assisted by A. Dal Ferro) against the judgment of the Court of First Instance of the European Communities (Second Chamber) of 14 October 1999 in Joined Cases T-191/96 and T-106/97 CAS Succhi di Frutta SpA v Commission [1999] ECR II-3181, seeking to have that judgment set aside, the other party to the proceedings being: CAS Succhi di Frutta SpA, established in Castagnaro (Italy) (lawyers: initially A. Tizzano, G.M. Roberti and F. Sciaudone, and subsequently G.M. Roberti and F. Sciaudone): - the Court (Sixth Chamber), composed of: V. Skouris, acting for the President of the Sixth Chamber, J. N. Cunha Rodrigues, J.-P. Puissochet, R. Schintgen (Rapporteur), and F. Macken, Judges; S. Alber, Advocate General; R. Grass, Registrar, has given a judgment on 29 April 2004, in which it:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders the Commission of the European Communities to pay the costs of the appeal. |
| --- | --- |

2.

Orders the Commission of the European Communities to pay the costs of the appeal.

---

(1)  OJ C 79 of 18.3.2000

1

---
800 Independence Ave., S.W.

Washington, DC 20591

November 17, 2015

Mr. Christopher Dupin

43 Liberty Lane

Hanscom AFB, MA 01731

Dear Mr. Dupin:

This is in response to your letter dated September 17, 2015, posted to the public docket 

(No. FAA-2015-3938) petitioning the Federal Aviation Administration (FAA) to initiate 

rulemaking to amend § 91.307(c) of Title 14 Code of Federal Regulations (14 CFR). In 

your petition, you request that § 91.307(c) be amended to read as follows:

"Unless each occupant of the aircraft is wearing an approved parachute or if the 

aircraft is equipped with an approved airframe parachute system, no pilot of a 

civil aircraft carrying any person (other than a crewmember) may execute a 

maneuver that exceeds-...."

In accordance with 14 CFR § 11.73, the FAA must use the following criteria when 

making a decision as to whether or not to amend current regulations based on a petition 

for rulemaking:

1) The immediacy of the safety or security concerns you raise;

2) The priority of other issues the FAA must deal with; and 

3) The resources we have available to address these issues.

Each year, the FAA prioritizes its rulemaking projects based on issues that are crucial to 

the safety of the aviation community and the traveling public to ensure the FAA delivers 

the most value to the aviation system. 

After reviewing your request based on the current priorities for the FAA and the 

guidelines found in § 11.73, we determined the issue you raised does not meet the criteria 

to pursue rulemaking at this time. However, your comments and arguments for the 

proposed rule change in your petition will be placed in a database, which we will 

examine when we consider future rulemaking. 

If the FAA does pursue rulemaking in this area in the future, you would be able to find 

out and track it through one of the two following websites:
2

 For significant rulemakings, you can find the status on the Department of 

Transportation’s (DOT) website (http://www.dot.gov/regulations/report-onsignificant-rulemakings). 

 For non-significant rulemakings, you can find the status on the DOT’s semiannual regulatory agenda, through the Office of Management and Budget’s 

(OMB) Office of Information and Regulatory Affair’s (OIRA) Unified 

Agenda website (http://www.reginfo.gov/public/do/eAgendaMain). 

For the reasons above, we are dismissing your petition for rulemaking in accordance with 

14 CFR § 11.73.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
[No. 14369-4-III.

Division Three.

July 2, 1996.]

#### The State of Washington, *Respondent,*v. Jerry J. Beyers, *Appellant.*

Appeal from a judgment of the Superior Court for Oka-nogan County, No. 94-1-00021-5, John G. Burchard, Jr., J., entered September 12, 1994. *Affirmed*by unpublished opinion per Thompson, J., concurred in by Sweeney, C.J., and Munson, J.
**
**Exhibit 31.1**

**Certification of Principal Executive Officer Pursuant to Exchange Act Rule13a-14(a)/15d-14(a) as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002**

I, Eli Baker, certify that: 

 
1.
I have reviewed this Annual Report on Form 10-K of Screaming EagleAcquisition Corp.; 

 
2.
Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state amaterial 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 maintainingdisclosure 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 bedesigned 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 isbeing prepared; 

 
 b.
[Paragraph intentionally omitted in accordance with SEC Release Nos.34-47986 and 34-54942];

 
 c.
Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in thisreport 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 

 
 d.
Disclosed in this report any change in the registrant’s internal control over financial reporting thatoccurred 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 ofinternal 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 overfinancial 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 inthe registrant’s internal control over financial reporting. 

Date: March 28, 2022 

 
By: 
/s/ Eli Baker
Name: Eli BakerTitle: Chief Executive Officer **
Exhibit 32.3 Certificate:

CERTIFICATION OF PERIODIC FINANCIAL REPORT OF GRAY PEAKS, INC.

I, the
undersigned, being the Chief Financial Officer, of Gray Peaks, Inc., a Delaware corporation (the Company), does hereby certify, to the best of his information, knowledge and belief, that (1) the Report on Form 10-QSB for the quarter
ended June 30, 2006 (the Report) fully complies with the requirements of section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(d)) 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 15, 2006



|                                                
|------------------------------------------------
|/s/ Bernard Asher                               
|Title:                                          
|President, Chief Financial Officer and Treasurer
Printed on 100% recycled/recyclable paper with 100% post

- consumer fiber and process chlorine free.
Customer Service Hotline: 1

- 800

- 438

- 2474 10/8/14

The Honorable Dana Aunkst

, Acting Secretary Pennsylvania Department of the Env ironment Rachel Carson State Office Building

P.O. Box 2063 Harrisburg, Pennsylvania 17105

- 2063

Dear Secretary Aunkst :

On August 28, 2014

, the U.S. Environmental Protection Agency (EPA) received a revision to the Pennsylvania State Implementation Plan (SIP) from the Pennsylvania Department of the Environment (PADEP) pertaining to Reasonably Available Control Technology (RACT) requirements for the control of

volatil e organic compound (VOC) emissions from flexible packaging printing presses, offset lithographic printing presses and letterpress printing presses, and from adhesives, sealants, primers and solvents

. EPA

has determined that the submittal is administrative ly and technically complete, and i s reviewing it to prepare a Noti ce of Prop osed Rulemaking (NPR) action.

If members of your staff have any que stions, they may direct them to Maria A. Pino

, Office of Air Program Planning , at (215) 814

- 2181 , or at pino.maria @epa.gov

. She is the principal contact for this rulemaking.

S incerely,

/s/

David L. Arnold

, Acting Director

Air Protection Division

cc: Joyce Epps, Director Bureau of Air Quality, PADEP