alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32



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



In connection with the Quarterly Report of Elizabeth Arden, Inc. (the "Company") on Form 10-Q for the period ended March 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, E. Scott Beattie, Chairman and Chief Executive Officer of the Company, and I, Stephen J. Smith, Executive Vice President and 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 to the best of our knowledge:



(i)The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



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





|Date:  May 8, 2006 |  | /s/ E. Scott Beattie                                
|------------------ |  | ----------------------------------------------------
|                   |  |                                                     
|                   |  | E. Scott Beattie                                    
|                   |  | Chairman and Chief Executive Officer                
|                   |  |                                                     
|Date:  May 8, 2006 |  | /s/ Stephen J. Smith                                
|                   |  |                                                     
|                   |  | Stephen J. Smith                                    
|                   |  | Executive Vice President and Chief Financial Officer
|                   |  |                                                     





This certification accompanies this Report on Form 10-Q pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act").  Such certification will 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 the Company specifically incorporates it by reference.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-20-00061-CR

Melvin Auston, Appellant

v.

The State of Texas, Appellee

FROM THE 390TH DISTRICT COURT OF TRAVIS COUNTY 

NO. D-1-DC-11-300068, THE HONORABLE JULIE H. KOCUREK, JUDGE PRESIDING

O R D E R

PER CURIAM

Appellant Melvin Auston, proceeding pro se, has filed a notice of appeal from the 

district court’s order denying his motion for DNA testing. On September 17, 2020, Auston filed 

a two-page appellant’s brief, along with a letter in which he indicated that prior to filing his brief, 

he had been unable to review the appellate record. On this Court’s own motion, we extended the 

briefing deadline to provide Auston additional time to obtain the record and file an amended 

brief prepared with reference to the record. We instructed Auston to request a copy of the record 

from the Travis County clerk’s office and provided him with contact information for that office.

We extended the briefing deadline to November 16, 2020 and informed Auston that if an 

amended brief or a motion for extension of time to file an amended brief was not filed by that 

date, his case may be considered on the initial brief and the appellate record alone.
2

Prior to the deadline, Auston filed a motion for extension of time to file his 

amended brief, asserting that he had not yet received a copy of the record. We grant Auston’s 

motion and order Auston to file his amended brief no later than January 15, 2021. Once again, 

we instruct Auston to request a copy of the record from the Travis County clerk’s office. No 

further extension of time will be granted and failure to comply with this order will result in 

Auston’s appeal being decided on his initial brief, any brief filed by the State, and the appellate 

record.

It is ordered on December 11, 2020.

Before Justices Goodwin, Triana, and Smith

Do Not Publish
* Pursuant to 5TH CIR. R. 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.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-60625

Summary Calendar

 

JAMES C. BAKER,

Petitioner,

versus

TRUCK & TRAILER EQUIPMENT COMPANY;

DIRECTOR, OFFICE OF WORKER’S COMPENSATION

PROGRAMS, U.S. DEPARTMENT OF LABOR,

Respondent.

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

Petition for Review from an Administrative

Decision of the Benefits Review Board

BRB No. 01-0778

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

January 23, 2003

Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Petitioner claims that his employer’s contributions to his

individual savings plan, pursuant to a collective bargaining

agreement, should be calculated as wages for the purpose of

determining his average weekly wage.

We find no merit in petitioner’s argument, inasmuch as 33

U.S.C. § 902(13) specifically excludes from the term wages
No. 02-60625

-2-

“fringe benefits, including (but not limited to) employer

payments for or contributions to a retirement, pension, health

and welfare, life insurance, training, social security or other

employee or dependent benefit plan for the employee’s or

dependent’s benefit, or any other employee’s dependent

entitlement.” 33 U.S.C. § 902(13). Because the language of the

statute is plain and unambiguous with respect to the specific

dispute in this case, we need make no further inquiry.

Accordingly, the petition for review is DENIED.
EXHIBIT D

Case 6:20-cv-00491-ADA Document 45-7 Filed 12/04/20 Page 1 of 3
Case 6:20-cv-00491-ADA Document 45-7 Filed 12/04/20 Page 2 of 3
Case 6:20-cv-00491-ADA Document 45-7 Filed 12/04/20 Page 3 of 3
A draft environmental assessment (DEA) is available for public review. The DEA analyzes the environmental impacts of a Shoreline Management Plan (SMP) filed for the Yadkin Hydroelectric Project located on the Yadkin-Pee Dee River in Montgomery, Stanly, Davidson and Rowan Counties, North Carolina. The Yadkin Project contains the following reservoirs: High Rock, Tuckertown, Narrows (Badin) and Falls.

                    The DEA was written by staff in the Office of Hydropower Licensing, Federal Energy Regulatory Commission. Commission staff believe the SMP would not constitute a major federal action significantly affecting the quality of the human environment. Copies of the DEA can be viewed on the web at                     *www.ferc.fed.us/​online/​rims.htm.*                     Call (202) 208-222 for assistance. Copies are also available for inspection and reproduction at the Commission's Public Reference Room located at 888 First Street, NE, Room 2A, Washington, DC 20426, or by calling (202) 208-1371.                

Anyone may file comments on the DEA. The public, federal and state resource agencies are encouraged to provide comments. All written comments must be filed within 60 days of the issuance date of this notice shown above. Send an original and eight copies of all comments marked with the project number P-2197-035 to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426. Oral comments on the DEA will be taken by Commission staff at a public meeting to be scheduled in the vicinity of the Yadkin Project. The exact date, time and location of the public meeting have not yet been determined. Commission staff will issue a separate notice when the exact date, time and location of the public meeting are finalized. If you have any questions regarding this notice, pleas call Steve Hocking at (202) 219-2656.

David P. Boergers,

Secretary.

[FR Doc. 00-2650 Filed 2-4-00; 8:45 am]

BILLING CODE 6717-01-M
**Exhibit 32.1**

 

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

 

In connection with the QuarterlyReport of Smurfit-Stone Container Enterprises, Inc. (the “Company”) on Form 10-Qfor the period ending September 30, 2007 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Patrick J. Moore,Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Report fullycomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

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

 

 
| /s/ Patrick J.  Moore    |   |
|--------------------------|--------|
| Patrick J. Moore         |
| Chief Executive  Officer |
| November 7, 2007         |

 

 

A signed original of thiswritten statement required by Section 906, or other document authenticating,acknowledging or otherwise adopting the signature that appears in typed formwithin the electronic version of this written statement required by Section906, has been provided to Smurfit-Stone Container Enterprises, Inc. and will beretained by Smurfit-Stone Container Enterprises, Inc. and furnished to theSecurities and Exchange Commission or its staff upon request.

 

----
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

SOUMAORO MOUSSA, §

A# 213 473 751, §

§

Petitioner, §

 § 

V. § CIVIL NO. SA-20-CA-0672-FB

 § 

ANDREW HURON, Officer in Charge, §

at South Texas Processing Center; §

JOSE M. CORREA, SR., Field Operations §

1

Director, ICE DRO; MATTHEW T. §

ALBENCE, Acting Director of ICE DRO; §

THOMAS S. WINKOWSKI, Assistant §

Secretary of ICE; and CHAD WOLF, §

Acting Secretary of the Department of §

Homeland Security, §

 §

Respondents. §

ORDER OF DISMISSAL

Before the Court is the 28 U.S.C. § 2241 Habeas Corpus Petition filed by Soumaoro Moussa

("Petitioner"), who challenges his detention pending removal by the Bureau of Immigration and

Customs Enforcement ("ICE"). (ECF No. 1). On June 9, 2020, Respondents filed a Motion to

Dismiss, stating that Petitioner was subject to removal pursuant to 28 U.S.C. § 1252. (ECF No. 9).

On July 31, 2020, Respondents filed a Supplement to their Motion to Dismiss, stating that on July

21, 2020, Petitioner was, in fact, removed from the United States. (ECF No. 10). 

A case is moot "when the issues presented are no longer ‘live' or the parties lack a legally

cognizable interest in the outcome." U.S. Parole Comm'n v. Geraghty, 445 U.S. 388, 396 (1980)

(internal citation omitted). A federal court has jurisdiction to issue a writ of habeas corpus only if

The Court substitutes Jose M. Correa, Sr. in place of Daniel Bible as Field Office Director.

1
the petitioner is "in custody." See 28 U.S.C. § 2241. While physical detention is not required for a

petitioner to meet the custody requirement and obtain habeas relief, Rumsfeld v. Padilla, 542 U.S.

426, 437 (2004), before a court can exercise habeas jurisdiction over a petitioner no longer in

custody, "the petitioner must demonstrate that . . . his subsequent release has not rendered the

petition moot, i.e., that he continues to present a case or controversy under Article III, § 2 of the

Constitution." Zalawadia v. Ashcroft, 371 F.3d 292, 296 (5th Cir. 2004). "The petitioner presents

an Article III controversywhen he demonstrates ‘some concrete and continuing injury other than the

now-ended [detention] -- a ‘collateral consequence of the conviction.'" Id. at 297 (quoting Spencer

v. Kemna, 523 U.S. 1, 7 (1998)).

In the present case, Petitioner failed to respond to the Motion to Dismiss and has not

otherwise demonstrated that he continues to present a case or controversy under Article III, § 2 of

the Constitution. See Zalawadia, 371 F.3d at 296. Accordingly, Respondents' Motion to Dismiss

(ECF No. 9) is GRANTED and Petitioner's 28 U.S.C. § 2241 Habeas Corpus Petition (ECF No. 1)

is DISMISSED WITHOUT PREJUDICE AS MOOT.

It is so ORDERED.

SIGNED this 6th day of August, 2020.

 _________________________________________________

 FRED BIERY

 UNITED STATES DISTRICT JUDGE

-2-
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<ARTICLE> 5
<LEGEND>
READ THE ENTIRE 10-Q FOR THE ENTIRE FINANCIAL PICTURE
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-END>                               DEC-31-1996
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<SECURITIES>                                   644,000
<RECEIVABLES>                               20,679,000
<ALLOWANCES>                                    90,000
<INVENTORY>                                 15,266,000
<CURRENT-ASSETS>                            37,592,000
<PP&E>                                      12,556,000
<DEPRECIATION>                              11,185,000
<TOTAL-ASSETS>                              41,030,000
<CURRENT-LIABILITIES>                       28,792,000
<BONDS>                                              0
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<COMMON>                                     1,921,000
<OTHER-SE>                                   8,579,000
<TOTAL-LIABILITY-AND-EQUITY>                41,030,000
<SALES>                                     22,736,000
<TOTAL-REVENUES>                            22,736,000
<CGS>                                       16,205,000
<TOTAL-COSTS>                               17,454,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             327,000
<INCOME-PRETAX>                                342,000
<INCOME-TAX>                                   184,000
<INCOME-CONTINUING>                            158,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
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<NET-INCOME>                                   158,000
<EPS-PRIMARY>                                      .08
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</TABLE>
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 Quarterly Report of Boston Life Sciences, Inc. (the Company) on Form 10-Q for the quarter ended September 30, 2005 as filed with
the Securities and Exchange Commission (the Report), I, Peter G. Savas, Chairman and 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/    PETER G. SAVASPeter G. SavasChairman and Chief Executive Officer




Date: November 14, 2005
[Federal Register Volume 65, Number 24 (Friday, February 4, 2000)]
[Notices]
[Pages 5495-5496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2589]


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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Order No. 1074]


Expansion of Foreign-Trade Zone 143, Sacramento, California

    Pursuant to its authority under the Foreign-Trade Zones Act of 
June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade 
Zones Board (the Board) adopts the following Order:

    Whereas, Sacramento-Yolo Port District, grantee of Foreign-Trade 
Zone 143, submitted an application to the Board for authority to expand 
FTZ 143 to include a new site, located at the Chico Municipal Airport, 
in Chico,

[[Page 5496]]

California, some 90 miles north of the San Francisco Consolidated 
Customs port of entry limits (FTZ Docket 37-99; filed July 16, 1999);
    Whereas, Section 2422 of the Miscellaneous Trade and Technical 
Corrections Act of 1999 (Pub.L. 106-36) directs the Foreign-Trade Zones 
Board to approve the expansion of FTZ 143 to include the proposed site 
in Chico, California;
    Whereas, notice inviting public comment was given in the Federal 
Register (64 FR 41374, July 30, 1999) and the application has been 
processed pursuant to the FTZ Act and the Board's regulations; and,
    Whereas, the Board adopts the findings and recommendations of the 
examiner's report, and finds that the requirements of the FTZ Act and 
the Board's regulations are satisfied;
    Now, therefore, the Board hereby orders:
    The application to expand FTZ 143 is approved, subject to the Act 
and the Board's regulations, including Sec. 400.28 and further subject 
to the Board's standard 2,000 acre activation limit.

    Signed at Washington, DC, this 18th day of January, 2000.
Robert S. LaRussa,
Assistant Secretary of Commerce for Import Administration, Alternate 
Chairman, Foreign-Trade Zones Board.
    Attest:
Dennis Puccinelli,
Acting Executive Secretary.
[FR Doc. 00-2589 Filed 2-3-00; 8:45 am]
BILLING CODE 3510-DS-P
|                            |   |                                                                          |   |
|---------------------------------|--------|-------------------------------------------------------------------------------|--------|
| Date: March 6, 2009   | By:    | /s/ Thomas      J. Lynch         |   |
|                            |   | Thomas J.      Lynch                                                          |   |
|                            |   | Chief      Executive Officer and                                              |   |
|                            |   | Principal      Executive Officer                                              |   |

|                                                         |   |                             |   |
|--------------------------------------------------------------|--------|----------------------------------|--------|
| Date:      March 6, 2009       | By:    | /s/ Thomas      Rende  |   |
|                                                         |   | Thomas      Rende                |   |
|                                                         |   | Chief Financial Officer    and   |   |
|                                                         |   | Principal Accounting    Officer  |   |

----
### Page 1 of 3 **Disposition Comments Docket No:**  

### FAA - 2012 - 0601 These comments are in **Directorate ID:** 

### 2008 - SW - 033 - AD response to an SNPRM Originating Office Tracking No.: **Next Step:** FRAN SNPRM 

### N o C omments/Only

Supportive Comments Received

– If this box is checked, no signatures are required. No 

### Has the reference d service information been revised since the NPRM was issued? I f ye s, lis t latest revision and attach a cop y. Note that changes beyond the scope of the previously published NPRM will require a new notice. Contact the Directorate focal point for guidance. Instructions: Summarize all comments **by issue** (not by commenter) and provide your recommended resolution of each issue. **All comments relating to the sam e issue should be discussed together.**  Do not list all of the issues from one commenter togeth er. If changes to the AD are required based on the comments received, explain why and describe in detail what change(s) you recommend. Reference FAA - IR- M - 8040.1C Chapter 9. **ISSUE 1:** Select one o

f the following : If other, explain : Commenter(s): What change to the AD action is requested? Why is the change requested or how is it justified? Do we agree? If **YES,** we agree because Make the following changes to the AD: If **PARTIALLY AGREE** , we agree with because We disagree with because

Make the following changes to the AD: If **NO** , we don’t agree because **ISSUE 2**  **:** Select one of the following :

If other, explain : Commenter(s): What change to the AD action is requested? Why is the change requested or how is it justified? Do we agree? If **YES,** we agree because Make the following changes to the AD: If **PARTIALLY AGREE** , we agree with because We disagree with because Make the following changes to the AD:

### Page 2 of 3

If **NO** , we don’t agree because **For additional issues, do uble**  **- click**  **here**

### Page 3 of 3 **S ignature Section**  Signature indicates concurrence with this action. Originating Office Tracking No.: **ASE** Printed Name **: Date** 

**Branch M anager**  **Date**
Exhibit 32(a)






This Certification is being furnished and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section.  This Certification shall not be incorporated by reference into any registration statement or other document pursuant to the Securities Act of 1933, except as otherwise stated in such filing.






Certification Pursuant to Section 1350 of Chapter 63


of Title 18 of the United States Code






In connection with the Quarterly Report of Southwestern Electric Power Company (the “Company”) on Form 10-Q (the “Report”) for the quarter ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof, I, Michael G. Morris, the 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, based on my knowledge (i) the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.






/s/ Michael G. Morris


Michael G. Morris


Chief Executive Officer






October 29, 2010






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