alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-7789

LIONELL ELIJAH EPHRAIM, a/k/a Lionel E. Williams,

Petitioner - Appellant,

v.

KAREN F. HOGSTEN, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Southern 

District of West Virginia, at Bluefield. David A. Faber, Senior 

District Judge. (1:12-cv-04701)

Submitted: April 19, 2016 Decided: April 28, 2016

Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, 

Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Lionell Elijah Ephraim, Appellant Pro Se. Stephen Michael Horn, 

Assistant United States Attorney, Meredith George Thomas, OFFICE 

OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Lionell Elijah Ephraim appeals the district court’s order

and judgment adopting the magistrate judge’s report and 

recommendation and denying his 28 U.S.C. § 2241 (2012) petition. 

We have reviewed the record and find no reversible error. 

Accordingly, we affirm for the reasons stated by the district 

court. Ephraim v. Hogsten, No. 1:12-cv-04701 (S.D. W. Va. Oct. 

27, 2015). We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 

before this court and argument would not aid the decisional 

process.

AFFIRMED
401!~HDES 

CELEBRATING 1_ 

lsay 25 xo'i 

`( = nr_S---i 

Celebrating 25 years of protecting 

New Hampshire's environment. 

March 22, 2012 

Mr. Paul MacDonald 

Plant Manager 

Hutchinson Sealing Systems, Inc. 

171 Route 85 

P. O. Box 169 

Newfields, NH 03856 

Re: Final Volatile Organic Compounds (VOC) Reasonably Available Control Technology 

(RACT) Order ARD-11-001 

Hutchinson Sealing'Systems, Inc. 

171 Rte 85, Newfields, NH 

Facility Identification #33001500046, Application # 11-0156 

Dear Mr. MacDonald : 

Please find enclosed the Final VOC RACT Order issued by the New Hampshire Department 

of Environmental Services, Air Resources Division (DES), to Hutchinson Sealing Systems, Inc., 

located in Newfields, NH.' The final VOC RACT Order is being issued in accordance with the New 

Hampshire Code of Administrative Rules Env-A 1205, RACT Procedures and Env-A 1220, 

Miscellaneous Industrial Adhesives, and replaces RACT Order ARD-01-002 issued August 8, 2002. 

If you have any questions, please contact Patricia North of the Air Resources Division, 

Permitting and Environmental Health Bureau at (603) 271-0901 or via e-mail at 

patricia.north@des.nh.gov. 

Sincerely, 

~°a a )(Ok 

Craig A. Wright 

Assistant Director 

Air Resources Division 

CAW/prn 

Enclosure: Final RACT Order ARD-I 1-001 and Engineering Summary 

By certified mail #7002 3 150 0004 7243 7108 

cc : David Conroy, USEPA 

Town of Newfields 

Johnny R. Evens, Safety and Environmental Engineer, Hutchinson Sealing Systems-USA 

The State of New Hampshire 

Department of Environmental Services 

Thomas S. Burack, Commissioner 

www.des.nh.gov 

29 Hazen Drive " PO Box 95 " Concord, NH 03302-0095 

f6031 271-3503 " TDD Access : Relav NH 1-800-735-2964
EPA Clean Power Plan Hearing 29 July 2014 

Good morning. I am Edward Leaver, a physicist speaking as a private citizen. I wish to thank Pam Gant, Lisa, 

and EPA for hosting these hearings. I unequivacobly support EPA's Clean Power Plan to reign in carbon dioxide 

emissions. The cause of limiting Global Warming is not lost. 

1. Yet "Global energy consumption will double by mid-century, regardless of what the United States does. 

Not from the 1 billion people already using vast amounts of electricity, or the 1 billion using modest 

amounts of electricity. But from the 1.6 billion people that do not have any access to electricity 

whatsoever, the 2.4 billion that have almost no access to electricity... and the 3 billion new people that will 

be born by mid-century who will need electricity." 

2. Green house gas emissions too are a global problem. Limiting domestic emissions will be of no 

consequence if we continue to increase fossil fuel exports abroad. We continue to lease public coal from 

public lands. Yet we freely give much of it away to be burnt, not here but in Europe and Asia, thus 

encouraging our neighbors to neglect their own clean air responsibilities. 

3. Even domestically we have no long-term low-enough carbon plan to economically replace coal as a 

dispatchable and reliable power source. Numerous studies including EPA's — have shown 

Wind+Solar+Gas alone will not, by themselves and at reasonable cost, decrease power-sector carbon 

emissions to the near-zero level required by mid-century. And its a global problem. Coal is ubiquitous, 

easy to mine and transport, and fossil power plants are comparatively simple to build at reasonable cost. 

The global power problem is staggering, and coal is the simplest solution. If we — the United States —

do not exert leadership and demonstrate and implement low-carbon power solutions that are globally 

applicable, the rest of the globe will continue to apply coaL 

We can do better and we must do better. EPA Clean Power Plan represents a regulatory approach which, while 

a necessary and welcome first step, is hardly the last word. 

Senator Michael Bennett has called for development of a Comprehensive National Energy Plan to take optimal 

advantage of all low-carbon energy sources. Germany has one. Britain has one. France had one. We, the 

world's second largest energy producer and source of green house gas, need a Comprehensive National Plan as 

well. One that adds up. I ask we all support Senator Bennett's efforts to formulate one, and again support EPA's 

Clean Power Plan as a critical step in that direction. 

Thank you. 

Notes: 

I will not repeat AGW arguments here. I've posted a concise review on my personal web page 

http:///www.edleaver.corn. 

What is Our energy Future? http://www.forbes.com/sites/jamesconca/2012/05/13/what-is-our-energy- future/ 

Citizen's Climate Lobby has put forward an agressive Fee and Dividend proposal that would tax all carbon 

sources at point of extraction, and immediately return the proceeds to American households by monthly check or 

direct deposit: http://citizensciimatelobby.org/
-84 -82 -80 -78 -76 -74

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### NOAA HYSPLIT MODEL 

## Backward trajectory ending at 2300 UTC 07 Aug 06

EDAS Meteorological DataSource★at 39.06 N 76.88 WMeters AGL
EXHIBIT NO. 32.1
Form 10-QSB
KIK Technology International, Inc.
File No. 000-30071

          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 KIK Technology  International,  Inc.
(the  "Company") on Form 10-QSB for the period ending  October 31, 2007 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, William M. Knooihuizen, Chief Executive and Acting Chief Financial 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.


Date: December 17, 2007                    By: /s/ William M. Knooihuizen
      -----------------                       ----------------------------------
                                                          William M. Knooihuizen
                                                     Chief Executive Officer and
                                                  Acting Chief Financial Officer


A signed  original of this  written  statement  required by Section 906 has been
provided  to KIK  Technology  International,  Inc.  and will be  retained by KIK
Technology  International,  Inc. and  furnished to the  Securities  and Exchange
Commission or its staff upon request.
Exhibit
32.1





CERTIFICATION
OF PRINCIPAL EXECUTIVE OFFICER


PURSUANT
TO 18 U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





I, W.
Gray Hudkins, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that the Amendment No. 1 to
Annual Report of PC Group, Inc. on Form 10-K for the year ended December 31,
2009, as hereby amended, 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 Annual Report on Form 10-K/A, as hereby amended, fairly presents in all
material respects the financial condition and results of operations of PC Group,
Inc.





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.





Dated:  April
      30, 2010
                /s/
      W. Gray HudkinsW.
      Gray Hudkins, President andChief
      Executive Officer
#### Octavee EVANS, Appellant, v. The STATE of Texas, Appellee.

No. 27394.

Court of Criminal Appeals of Texas.

Feb. 2, 1955.

No attorney for appellant.

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

*112WOODLEY, Judge.

The conviction is for the sale of malt liquor in a dry area; the punishment, 6 months in jail and a fine of $100.

The State’s evidence shows that appellant sold malt liquor to J. D. Giles at appellant’s cafe in Wheeler County, a dry area.

Appellant denied that he made such sale and testified that his brother James either sold or gave the malt liquor to Giles, who he recognized at the time as an Agent of the Texas Liquor Control Board.

The jury chose to accept the State’s testimony and there being sufficient evidence to sustain their verdict, it will not be disturbed.

There are no bills of exception which may be considered as showing error.

The judgment is affirmed.
IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

IN THE MATTER OF: BRENDAN M. SULLIVAN, ESQ. MOTION FOR EXTENSION PURSUANT TO RULE 311 :

:

: No. 98 WM 2020

ORDER

PER CURIAM

AND NOW , this 30th day of December , 2020, the “Petition for Extension of

Admission under Rule 311” is GRANTED, IN PART. T he p etition is deficient, in that it

fails to offer any argument consistent with the standard governing Rule 311 extensions.

See Pa.B.A.R. 311(g) (specifying that the 30

- month term of a temporary Rule 311

admission may be extended only upon a showing of good cause). Notwithstanding the

deficiencies of the filing , Petitioner is GRANTED a limited extension of his Rule 311

licensure to ensure the continuity of services provided by the Franklin County Legal

Services, Petitioner’s employer. In order to afford Petitioner time to seek full admission

to the Pennsylvania bar, his temporary admission is extended until October 31, 2021.
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 on Form 10-K of IDS Life Insurance Company
(the "Company") for the fiscal year ended December 31, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Mark E.
Schwarzmann, as Chief Executive Officer of the Company, and Arthur H. Berman,
Chief Financial Officer of the Company, each hereby certifies, 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/ Mark E. Schwarzmann
----------------------------
Name:    Mark E. Schwarzmann
Title:   Chief Executive Officer
Date:    March 14, 2005



/s/ Arthur H. Berman
----------------------------
Name:    Arthur H. Berman
Title:   Chief Financial Officer
Date:    March 14, 2005

The foregoing certification is being furnished solely pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, and is not being "filed" as part of the Form 10-K or as a separate
disclosure document for purposes of Section 18 of the Securities Exchange Act of
1934, as amended (the "Exchange Act"), or otherwise subject to liability under
that section. This certification shall not be deemed to be incorporated by
reference into any filing under the Securities Act of 1933, as amended, or the
Exchange Act except to the extent that this Exhibit 32.1 is expressly and
specifically incorporated by reference in any such filing.

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


         I, Gary K. Kusumi, Chairman, Chief Executive Officer, President and
Director of Integon Re (Barbados), Limited (the "Company"), hereby certify, to
the best of my knowledge, that the Company's quarterly report on Form 10-Q for
the period ended March 31, 2003 ("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 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 13, 2003

                                    /s/ Gary Y. Kusumi
                                    ------------------------------
                                    Gary Y. Kusumi
                                    Chairman, Chief Executive Officer,
                                    President and Director


A signed original of this written statement required by Section 906 has been
provided to Integon Re (Barbados), Limited and will be retained by Integon Re
(Barbados), Limited and furnished to the Securities and Exchange Commission or
its staff upon request.
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**511 KA 14-01106**  PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V ORDER
NICOLE DESGROSIELLIER, DEFENDANT-APPELLANT.

ROBERT M. PUSATERI, CONFLICT DEFENDER, LOCKPORT (EDWARD P. PERLMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), entered May 12, 2014. The judgment revoked defendant’s sentence of probation and imposed a sentence of imprisonment.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Entered: June 10, 2016 Frances E. Cafarell Clerk of the Court
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, furnished herewith.

Armstrong Holdings, Inc.

(the Company)

Written Statement by Chief Executive Officer

Pursuant to Section 906 of Sarbanes-Oxley Act of 2002

I certify to the best of my knowledge and belief that
the Companys Form 10-Q periodic report containing its financial statements for the fiscal quarter ended March 31, 2007 fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934, and that information
contained in that report fairly presents, in all material respects, the financial condition and results of operations of the Company as of that date.



|                                                                          
|--------------------------------------------------------------------------
|/s/ Michael D. Lockhart                                                   
|Michael D. Lockhart                                                       
|Chairman of the Board and Chief Executive Officer Armstrong Holdings, Inc.

Dated: May 8, 2007

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.
ADDENDUM TO OPTION AGREEMENT


ADDENDUM TO OPTION AGREEMENT




The Option Agreement (“Agreement”) made on the 24th day of September 2003 between Byard MacLean (“MacLean”) and Zena Capital Corp and its wholly owned subsidiary Rock Creek Minerals Ltd (“the Company”) is hereby amended and agreed to by both parties as follows;




MacLean and Zena, both agree that referral to Appendix B throughout the agreement correctly refers to the upper limit total cost estimates in Phase I, II, and III, but it is agreed that the individual costs throughout Appendix B may vary and in some cases be eliminated entirely while new costs could be added. Therefore it is agreed to grant the Management Committee authority to manage individual costs provided that total cost of project is consistent with the terms of the Agreement and any relative extensions of the Agreement.







IN WITNESS WHEREOF this Addendum To Option Agreement was executed in Vancouver, British Columbia on                                   , 2004










ZENA CAPITAL CORP







Terry Amisano, President

per

                                                          




ROCK CREEK MINERALS LTD.







Kevin Hanson

Per







MACLEAN







Byard MacLean

per
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA
F OURTH D ISTRICT

DANIEL DIVICH , Appellant,

v.

STATE OF FLORIDA , Appellee

.

No. 4D 18

- 3219

[ January 31, 2019 ]

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County ; Edward H. Merrigan

, Jr. , Judge; L.T. Case No. 08

- 000129CF10A

.
Daniel Divich, Terre Haute, Indiana

, pro se.

No appearance required for appellee.

P ER C URIAM

.
Affirmed.

L EVINE , C ONNER and K LINGENSMITH , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
EXHIBIT32

 

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION1350,

ASADOPTED PURSUANT TO

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Quarterly Report of Vanity Enterprises, Inc. (the"Company") on Form 10-QSB for the period ended September 30, 2003, asfiled with the Securities and Exchange Commission on the date hereof (the"Report"), I, Anthony N. DeMint, President and Chief AccountingOfficer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant 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; andThe    information contained in the Report fairly presents, in all material    respects, the financial condition and results of operations of the Company.

/s/Anthony N.DeMint                       

AnthonyN. DeMint

Presidentand Chief Accounting Officer

October27, 2003
**EXHIBIT 32.2**

 

**CERTIFICATIONSPURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

**(18U.S.C. SECTION 1350)**

 

In connection with theaccompanying quarterly report of Whittier Energy Corporation (the “Company”) onForm 10-QSB for the period ended September 30, 2005, (the “Report”),I, Michael B. Young, Chief Financial Officer of the Company, hereby certifythat to my knowledge:

 

(3)                                  TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act (15 U.S.C. 78m or 78o (d)); and

 

(4)                                  Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| Date:  November 14, 2005 | */s/ Michael B. Young*   | * * |
|-------------------------------|--------------------------|----------|
|                          | Michael  B. Young        |
|                          | Chief  Financial Officer |

 

----
* Under 5TH CIR. R. 47.5, the court has determined that this

opinion should not be published and is not precedent except in

the limited circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-31066

Summary Calendar

 

RODNEY MAYEUX,

Plaintiff-Appellant,

versus

UNITED STATES ARMY CORPS OF ENGINEERS,

Defendant-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 96-CV-1304-R

- - - - - - - - - -

July 17, 1998

Before WISDOM, WIENER, and DENNIS, Circuit Judges

PER CURIAM:*

Rodney Mayeux his complaint under the Federal Tort Claims

Act (FTCA). He appeals from the district court’s dismissal of

his complaint for lack of subject-matter jurisdiction. Finding

no error, we affirm.

The United States, as a sovereign, is immune from suit

unless it consents to be sued. United States v. Mitchell, 445

U.S. 535, 538 (1980). Both the FTCA and the Suits in Admiralty

Act (SAA) waive sovereign immunity. The FTCA waives the

Government’s sovereign immunity from tort liability and provides 
No. 97-31066

-2-

a remedy against the United States for personal injury resulting

from the negligence of its agents or employees. See 28 U.S.C. §

1346(b). The FTCA does not apply to “[a]ny claim for which a

remedy is provided by [the Public Vessels Act or the SAA],

relating to claims or suits in admiralty against the United

States.” See 28 U.S.C. § 2680(d). The FTCA and the SAA are

mutually exclusive. Mayeux’s assertion of jurisdiction under the

FTCA is correct only if his claim is not covered by the SAA. See

McCormick v. United States, 680 F.2d 345, 348 (5th Cir. 1982). 

The SAA waives sovereign immunity of the United States not

only in cases involving government vessels, property, or cargo,

but also in cases in which a proceeding in admiralty could be

maintained if a private person or property were involved. 46

U.S.C. app § 742; see McCormick, 680 F.2d at 349. The present

case, in which the alleged negligence of a government employee

caused injury in the navigable waters of the Harvey Canal, is a

case covered by the SAA. See McCormick, 680 F.2d at 349. See

also De Bardeleben Marine Corp. v. United States, 451 F.2d 140,

145 (5th Cir. 1971)(applying the SAA to a claim for negligent

drafting of maritime survey charts); Sheridan Trans. Co. v.

United States, 897 F.2d 795, 800 (5th Cir. 1990)(applying the SAA

to a claim for failure to give notice of submerged wreck). 

Mayeux’s argument has no merit.

Suits filed under the SAA must be filed within two years of

the time when the cause of action arises. See 46 U.S.C. app. §

745; see McMahon v. United States, 342 U.S. 25, 27 (1951). 

Mayeux’s suit was filed on April 15, 1996, almost six months
No. 97-31066

-3-

after the limitations period expired. Mayeux argues that his

suit is not time-barred because of the doctrine of equitable

tolling. We find that Mayeux did not allege any facts justifying

the tolling of the statute of limitations.

The judgment of the district court is AFFIRMED.