alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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 Kodiak Energy Inc. on Form 10-QSB for
the  period  ended  June 30,  2005 as filed  with the  Securities  and  Exchange
Commission (the "Report"), each of the undersigned, in the capacities and on the
dates indicated below,  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 operation of the Company.


Dated:  July 29, 2005          /s/ Marc Juliar
                               ------------------------------
                               Name: Marc Juliar
                               Title: Chief Executive Officer

Dated:  July 29, 2005          /s/ Marc Juliar
                               ------------------------------
                               Name: Marc Juliar
                               Title: Chief Financial Officer
#### Ollie Mae TURNER, Appellant, v. The STATE of Texas, Appellee.

No. 28307.

Court of Criminal Appeals of Texas.

May 2, 1956.

No attorney for appellant of record on appeal.

Leon B. Douglas, State’s Atty., Austin, for the State.

*770PER CURIAM.

The conviction, on a plea of guilty, is for the sale of whisky in a dry area under three counts. The court found appellant guilty under each count and assessed a total fine of $300.

The record on appeal contains no statement of facts or bills of exception. All proceedings appear to be regular and nothing is presented for review. The judgment is affirmed.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-7441 

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

KHOI D. NGUYEN,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. T. S. Ellis III, District

Judge. (CR-02-283; CA-05-244)

Submitted: December 15, 2005 Decided: December 21, 2005

Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Khoi D. Nguyen, Appellant Pro Se. Curtis V. Gomez, OFFICE OF THE

UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Khoi D. Nguyen, a federal prisoner, seeks to appeal the

district court’s order dismissing his motion filed under 28 U.S.C.

§ 2255 (2000), as untimely filed. The order is not appealable

unless a circuit justice or judge issues a certificate of

appealability. 28 U.S.C. § 2253(c)(1) (2000). 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) (2000).

A prisoner satisfies this standard by demonstrating that reasonable

jurists would find that the district court’s assessment of his

constitutional claims is debatable or wrong and that any

dispositive procedural rulings by the district court are also

debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322,

336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v.

Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently

reviewed the record and conclude that Nguyen 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 are adequately

presented in the materials before the court and argument would not

aid the decisional process. 

DISMISSED
Document Headings

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                -                       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.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:

*Name and Committee Code:*                     Business and Operations Advisory Committee (#9556).                

*Date and Time:*                     March 4, 2024; 11 a.m.-5 p.m. (eastern).                

*Place:*                     NSF, 2415 Eisenhower Avenue, Alexandria, VA 22314 (Virtual).                

*Type of Meeting:*                     Open.                

*Contact Persons:*                     Kellie Luurtsema, National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314; Telephone: (703) 292-8200.                

*Purpose of Meeting:*                     To provide advice, recommendations and counsel on major goals and policies pertaining to engineering programs and activities.                

*Agenda:*
    - Welcome/Introductions
    - Chief Diversity and Inclusion Officer (CDIO) Introduction
    - Organizational Health and Performance
    - Chief Information Officer (CIO) Introduction—Vision/Key Priorities
    - Subcommittee on NSF's Information Technology and Enterprise Architecture Strategy

Dated: February 7, 2024.

Crystal Robinson,

Committee Management Officer.

[FR Doc. 2024-02818 Filed 2-9-24; 8:45 am]

BILLING CODE 7555-01-P
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 22

- 20257 Summary Calendar

**United States of America,**
Plaintiff

— Appellee **,**

versus
**Carlos Araujo**

**- Salgado,** 
Defendant

— Appellant

**.**

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:21

- CR

- 309

- 1

Before **Jones, Haynes,**  and **Oldham,** Circuit Judges

**. Per Curiam**  **:** *

The Federal Public Defender appointed to represent Carlos Araujo

Salgado has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Araujo

- Salg a do has not filed a response. We have

* Pursuant to **5th Cir cuit**  **R ule**  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 cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED November 28, 2022 Lyle W. Cayce Clerk Case: 22-20257 Document: 00516557916 Page: 1 Date Filed: 11/28/2022No. 22

- 20257

2 reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is **GRANTED** , counsel is excused from further responsibilities herein, and the **APPEAL IS DISMISSED**

. See **5th Cir. R.**  42.2

. Case: 22-20257 Document: 00516557916 Page: 2 Date Filed: 11/28/2022
EXHIBIT 31.1

                                 CERTIFICATIONS

I,  Timothy  Rosen, Chief Executive Officer of VerticalBuyer, Inc. certify that:

     1.     I have reviewed this quarterly report for the quarter ended June 30,
2001  on  Form  10-QSB  of  VerticalBuyer,  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.     The  registrant's other certifying officers and I am responsible for
establishing  and  maintaining disclosure controls and procedures (as defined in
Exchange  Act  Rules  13a-14  and  15d-14)  for  the  registrant  and  have:

     a) Designed such disclosure controls and procedures to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is  made  know  to  us  by others within those entities, 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  quarterly 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  our  evaluation.

     c)  Disclosed  in this quarterly report any change in the issuer's internal
control over financial reporting that occurred during the period covered by this
quarterly  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  officers and I have disclosed,
based  on our most recent evaluation, to the registrant's auditors and the audit
committee  of  registrant's  board  of  directors  (or  persons  performing  the
equivalent  functions):

     a)  All  significant  deficiencies  in  the design or operation of internal
controls  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 controls over
financial  reporting.

Date:  June 30, 2004

                                                /s/ Timothy  Rosen
                                                -------------------------
                                                Timothy  Rosen
                                                Chief  Executive  Officer


                                        8
<PAGE>
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1667 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1667

  To postpone the date for the transfer of functions to the Bureau of 
    Consumer Financial Protection if the Bureau does not yet have a 
                           Director in place.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2011

   Mrs. Capito (for herself, Mr. Royce, Mr. Canseco, Mr. Huizenga of 
Michigan, Mr. Neugebauer, Mr. Gary G. Miller of California, Mr. Bachus, 
 Mr. Hensarling, Mrs. Biggert, Mr. Garrett, Mr. Schweikert, Mr. Posey, 
 Mr. Stivers, Mr. Campbell, and Mr. Renacci) introduced the following 
    bill; which was referred to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL

 
  To postpone the date for the transfer of functions to the Bureau of 
    Consumer Financial Protection if the Bureau does not yet have a 
                           Director in place.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bureau of Consumer Financial 
Protection Transfer Clarification Act''.

SEC. 2. DIRECTOR REQUIRED BEFORE TRANSFER.

    Section 1062 of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act is amended by adding at the end the following new 
subsection:
    ``(d) Director Required Before Transfer.--Notwithstanding the other 
provisions of this section, the single calendar date for the transfer 
of functions to the Bureau under section 1061 shall be the later of--
            ``(1) the date that would have been designated, but for the 
        application of this subsection; and
            ``(2) the date on which the Director of the Bureau is 
        confirmed by the Senate pursuant to section 1011(b).''.
                                 <all>
```
================================================================================

 EXHIIBIT 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 quarterly report of Kodiak Energy, Inc. on Form 10-QSB
for the period ended March 31, 2007 as filed with the Securities and Exchange
Commission (the "Report"), each of the undersigned, in the capacities and on the
dates indicated below, 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 operation of the
Company.


Dated:  May 15, 2007                           /s/ Mark Hlady
                                             -------------------------------
                                             Name: Mark Hlady
                                             Title: Chief Executive Officer

Dated:  May 15, 2007                          /s/ William Brimacombe
                                             -------------------------------
                                             Name: William Brimacombe
                                             Title: Chief Financial Officer












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



In connection with this quarterly report on Form 10-Q of OPNET Technologies, Inc. (the Company), I, Marc A. Cohen,
Chief Executive 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:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |     |  |                                     
|--------------------- |  | --- |  | ------------------------------------
|                      |  |    
|Dated: August 7, 2007 |  | By: |  | /s/ Marc A. Cohen                   
|                      |  |     |  | Marc A. Cohen                       
|                      |  |     |  | Chairman and Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE  CONTAINS  SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM BALANCE
SHEET AND  STATEMENT OF  OPERATIONS AS OF SEPTEMBER 30, 2000 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH 10-Q FOR QUARTER ENDED SEPTEMBER 30, 2000.
</LEGEND>

<S>                                            <C>
<PERIOD-TYPE>                                        9-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   SEP-30-2000
<CASH>                                          27,275,000
<SECURITIES>                                             0
<RECEIVABLES>                                    1,110,000
<ALLOWANCES>                                       341,000
<INVENTORY>                                      8,346,000
<CURRENT-ASSETS>                                48,468,000
<PP&E>                                          24,540,000
<DEPRECIATION>                                  11,666,000
<TOTAL-ASSETS>                                 222,833,000
<CURRENT-LIABILITIES>                           10,755,000
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                           310,000
<OTHER-SE>                                     336,457,000
<TOTAL-LIABILITY-AND-EQUITY>                   222,833,000
<SALES>                                         17,555,000
<TOTAL-REVENUES>                                17,555,000
<CGS>                                           16,944,000
<TOTAL-COSTS>                                   16,944,000
<OTHER-EXPENSES>                                37,993,000
<LOSS-PROVISION>                                     5,000
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                (37,451,000)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                            (37,451,000)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                   (37,451,000)
<EPS-BASIC>                                          (1.63)
<EPS-DILUTED>                                        (1.63)



</TABLE>
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KEVIN T. AUBART,

Plaintiff

- Appellant,

v.

RYAN D. M cC ARTHY, Acting Secretary of the Army,

Defendant

- Appellee. No. 19

- 16676

D.C. No. 1:17

- cv

- 00611

- LEK

- KJM

MEMORANDUM *

Appeal from the United States District Court

for the District of Hawaii Leslie E. Kobayashi, District Judge, Presiding

Submitted December 2 , 2020 * *

Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.

Kevin T. Aub a

rt

, a civilian military employe e, appeals pro se from the

district court’s summary judgment in his 28 U.S.C. § 1346(a)(2) action alleging

entitlement to reimbursement for his commuting costs after the Army changed his

duty station

. We have jurisdiction under 28 U.S.C. § 1291. We review de novo

.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

DEC 10 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 19

- 16676

Oswalt v. Resolute Indus., Inc ., 642 F.3d 856, 859 (9th Cir. 2011) . We affirm.

The district court properly granted summary judgment because Aubart failed

to raise a genuine dispute of material fact as to whether he was entitled to

reimbursement

. See Dep ’ t of Def., The Joint Travel Regulations , App. A, A1

- 33

(defining Permanent Duty Stat ion as a “[b]uilding or other place (base, military

post, or activity) where an employee regularly reports for duty ” ); see also FTC v.

Publ’g Clearing House, Inc. , 104 F.3d 1168, 1171 (9th Cir. 1997) (“A conclusory,

self

- serving affidavit, lacking detailed facts and any supporting evidence, is

insufficient to create a genuine issue of material fact.”).

We reject as meritless Aubart’s contentions that his First Amendmen t rights

were violated by the district court’s order regarding communication with army

per sonnel and that the district court improperly disregarded certain declarations

.

We do not consider matters not specifically and distinctly raised and argued

in the opening brief, or arguments and allegations raised for the first time on

appeal. See Padget t v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009)

.

AFFIRMED.
<TABLE>

                  TOUCHSTONE APPLIED SCIENCE ASSOCIATES, INC.
                                EXHIBIT II

                   COMPUTATION OF EARNINGS PER COMMON SHARE
                   ----------------------------------------
<CAPTION>
                                           1 9 9 6      1 9 9 5      1 9 9 4
                                         -----------  -----------  -----------
<S>                                      <C>          <C>          <C>
Primary earnings:

Net income (loss)                         $  192,048   $  155,146   $ (658,696)
                                         -----------  -----------  -----------

Shares:
Weighted common shares outstanding         7,524,539    6,899,400    6,899,400
Employees stock options                      116,328      255,842           --
Options to The Harriman Group                     --      506,035           --
B warrants                                        --           --           --
Underwriter options                               --        4,234           --
                                         -----------  -----------  -----------

Total weighted shares outstanding          7,640,867    7,665,511    6,899,400
                                         -----------  -----------  -----------

Primary earnings per share               $       .03  $       .02  $      (.10)
                                         ===========  ===========  ===========

Fully diluted earnings:

Net income (loss)                         $  192,048   $  155,146  $  (658,696)
                                         -----------  -----------  -----------

Shares:
Weighted  common shares outstanding        7,524,539    6,899,400    6,899,400
Employee stock options                       116,328      301,956           --
Options to The Harriman Group                     --      525,789           --
B warrants                                        --           --           --
Underwriter options                               --       11,179           --
                                         -----------  -----------  -----------
 
Total weighted shares outstanding          7,640,867    7,738,324    6,899,400
                                         -----------  -----------  -----------

Fully diluted earnings per common share  $       .03  $       .02  $      (.10)
                                         ===========  ===========  ===========

</TABLE>