alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-30056

DARRYL J. STERLING,

Petitioner-Appellant

v.

DARREL VANNOY, WARDEN, LOUISIANA STATE PENITENTIARY,

Respondent-Appellee

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 2:11-CV-449

Before CLEMENT, PRADO, and HIGGINSON, Circuit Judges.

PER CURIAM:*

Darryl Sterling, Louisiana prisoner # 306435, seeks a certificate of 

appealability to appeal the district court’s denial of his motion for relief from 

judgment under Federal Rule of Civil Procedure 60(b).

“This Court must examine the basis of its jurisdiction, on its own motion, 

if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir.1987). A timely 

notice of appeal is a jurisdictional requirement in a civil case. Bowles v. 

Russell, 551 U.S. 205, 214 (2007). Sterling had 30 days, or until January 15, 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

August 23, 2016

Lyle W. Cayce

Clerk

 Case: 16-30056 Document: 00513648943 Page: 1 Date Filed: 08/23/2016
No. 16-30056

2

2016, to file a timely notice of appeal. See Fed. R. App. P. 4(a)(1)(A). He did 

not file a notice of appeal until after this appeal period expired. He also does 

not certify that he placed his notice of appeal in the prison mail system “on or 

before the last day for filing.” Fed. R. App. P. 25(a)(2)(C). Indeed, the 

certificate of service accompanying Sterling’s notice of appeal states that he 

placed that notice in the prison mail system on January 18, 2016. Finally, 

Sterling “filed no motion to excuse the delay under Fed. R. App. P. 4(a)(5).” 

Henry v. Estelle, 688 F.2d 407, 407 (5th Cir. 1982); see Mann v. Lynaugh, 840 

F.2d 1194, 1198–99 & n.4 (5th Cir. 1988). 

Because Sterling did not file a timely notice of appeal, Sterling’s motion 

for a certificate of appealability is DENIED, and the appeal is DISMISSED for 

lack of jurisdiction. 

 Case: 16-30056 Document: 00513648943 Page: 2 Date Filed: 08/23/2016
Exhibit 32.1

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

In connection with the Quarterly Report of Acropolis Precious Metals, Inc. (the "Company") on Form 10-QSB for the period ended October 31, 2007, as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Walter Brenner, 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| |    

Dated this 14thday of December, 2007.

WALTER BRENNER
Walter Brenner, President and Chief Executive Officer





















---
<PAGE>



                                                                    EXHIBIT 32.2


          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 on Form 10-Q of SEEC, Inc. (the
"Company") for the quarterly period ended June 30, 2003, as filed with the
Securities and Exchange Commission on August 14, 2003 (the "Report"), the
undersigned, in the capacities and dates listed below, hereby 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

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

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to the Company and will be retained
by the Company and furnished to the Securities and Exchange Commission or its
staff upon request.


Date:  August 21, 2003                         /s/ RICHARD J. GOLDBACH
                                        -------------------------------------
                                                 Richard J. Goldbach
                                        Treasurer and Chief Financial Officer
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         October 24, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on October 15, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 483 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-87, K2025-85.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-24607 Filed 10-23-24; 8:45 am]

BILLING CODE 7710-12-P
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS INCLUDED IN TELE-COMMUNICATIONS, INC.'S QUARTERLY REPORT ON FORM 10-Q
FOR THE SIX MONTHS ENDED JUNE 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS. PRIMARY AND DILUTED EARNINGS PER SHARE
REPRESENT EARNINGS PER SHARE OF THE COMPANY'S TCI GROUP STOCK, SEE THE COMPANY'
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                             295
<SECURITIES>                                         0
<RECEIVABLES>                                      578
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                          11,665
<DEPRECIATION>                                   4,789
<TOTAL-ASSETS>                                  33,277
<CURRENT-LIABILITIES>                                0
<BONDS>                                         14,422
<PREFERRED-MANDATORY>                              299
<PREFERRED>                                          0
<COMMON>                                         1,500
<OTHER-SE>                                       4,318
<TOTAL-LIABILITY-AND-EQUITY>                    33,277
<SALES>                                              0
<TOTAL-REVENUES>                                 3,685
<CGS>                                                0
<TOTAL-COSTS>                                    1,423
<OTHER-EXPENSES>                                   926
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 536
<INCOME-PRETAX>                                    190
<INCOME-TAX>                                       165
<INCOME-CONTINUING>                                 25
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        25
<EPS-PRIMARY>                                      .16
<EPS-DILUTED>                                      .15
        

</TABLE>
<PAGE>   1
                                  EXHIBIT 11.1
                             ADFLEX SOLUTIONS, INC.

           EXHIBIT (11.1) - COMPUTATION OF NET INCOME (LOSS) PER SHARE
                    (in thousands, except per share amounts)


<TABLE>
<CAPTION>
                                                             Three Months Ended          Nine Months Ended
                                                                September 30,              September 30,
                                                          -----------------------     ----------------------
                                                             1996          1995         1996          1995
                                                          ----------     --------     ----------     -------
<S>                                                       <C>            <C>          <C>            <C>   
Net income (loss)                                         $(25,663)      $2,814       $(25,484)      $7,546
                                                          ==========     ========     ==========     =======
WEIGHTED AVERAGE SHARES:

    Common shares outstanding                                8,617        6,985          8,576        6,796
    Common equivalent shares representing
        shares issuable upon exercise of stock
        options (1)                                              -          399              -          425
                                                          ----------     --------     ----------     -------
             Total weighted average shares -
                 primary                                     8,617        7,384          8,576        7,221
                                                          ==========     ========     ==========     =======
             Total weighted average shares -
                 fully diluted                               8,617        7,384          8,576        7,221
                                                          ==========     ========     ==========     =======
Primary net income (loss) per common and
    common equivalent share                                $ (2.98)      $  .38       $  (2.97)      $ 1.04
                                                          ==========     ========     ==========     =======
Fully diluted net income(loss) per common 
    and common equivalent share                            $ (2.98)      $  .38       $  (2.97)      $ 1.04
                                                          ==========     ========     ==========     =======
</TABLE>

--------
1(1) Amount calculated using the treasury stock method and fair market values
for stock.

                                       13
*December 2, 1941.*

#### Estate of Gorton: Noyes, Appellant, vs. Jamieson, Executrix, Respondent.

For the appellant: *Bogue, Sanderson & Kammhols*of Portage.

For the respondent: *Walker & Latton*of Portage.

*By the Court.*

Judgment affirmed.
I

106TH CONGRESS

1ST SESSION S. 449

IN THE HOUSE OF REPRESENTATIVES

JUNE 17, 1999

Referred to the Committee on Resources

AN ACT

To direct the Secretary of the Interior to transfer to the

personal representative of the estate of Fred Steffens

of Big Horn County, Wyoming, certain land comprising

the Steffens family property.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 449 RFH

1 SECTION 1. TRANSFER OF STEFFENS FAMILY PROPERTY.

2 (a) CONVEYANCE.—Subject to subsection (b) and

3 valid existing rights, the Secretary of the Interior shall

4 issue, without consideration, a quitclaim deed to Marie

5 Wambeke of Big Horn County, Wyoming, the personal

6 representative of the estate of Fred Steffens, to the land

7 described in subsection (c).

8 (b) RESERVATION OF MINERALS.—All minerals un9 derlying the land described in subsection (c) are reserved

10 to the United States.

11 (c) LAND DESCRIPTION.—The land described in this

12 subsection is the parcel comprising approximately 80 acres

and known as ‘‘Farm Unit C’’ in the E1⁄2NW1 13 ⁄4 of Section

14 27 in Township 57 North, Range 97 West, 6th Principal

15 Meridian, Wyoming.

16 (d) REVOCATION OF WITHDRAWAL.—The withdrawal

17 for the Shoshone Reclamation Project made by the Bu18 reau of Reclamation under Secretarial Order dated Octo19 ber 21, 1913, is revoked with respect to the land described

20 in subsection (c).

Passed the Senate April 19, 1999.

Attest: GARY SISCO,

Secretary.
EXHIBIT 23.1

                         CONSENT OF INDEPENDENT AUDITORS


The Board of Directors
Resource Bankshares Corporation


We consent to incorporation by reference in the Registration Statement on Form
S-8 (Registration No. 333-58417) of Resource Bankshares Corporation of our
report dated January 28, 1999, except for Note 21 as to which the date is March
24, 1999, relating to the consolidated balance sheets of Resource Bankshares
Corporation and subsidiary as of December 31, 1998 and 1997, and the related
consolidated statements of income, shareholders equity and cash flows for the
years then ended, which report appears in the December 31, 1998 Annual Report of
Resource Bankshares Corporation.

/s/ GOODMAN & COMPANY, L.L.P.
-----------------------------
One Commercial Place
Norfolk, Virginia
March 24, 1999
<TABLE> <S> <C>

<ARTICLE>                           5
<MULTIPLIER>                    1,000
       
<S>                                   <C>
<PERIOD-TYPE>                         6-MOS
<FISCAL-YEAR-END>                            MAR-31-1999
<PERIOD-END>                                 SEP-30-1998
<CASH>                                                     4220
<SECURITIES>                                                  0
<RECEIVABLES>                                               916
<ALLOWANCES>                                                  0
<INVENTORY>                                               72449
<CURRENT-ASSETS>                                          82750
<PP&E>                                                    50444
<DEPRECIATION>                                            18845
<TOTAL-ASSETS>                                           136826
<CURRENT-LIABILITIES>                                     23095
<BONDS>                                                   44861
<PREFERRED-MANDATORY>                                         0
<PREFERRED>                                                   0
<COMMON>                                                     91
<OTHER-SE>                                                64909
<TOTAL-LIABILITY-AND-EQUITY>                             136826
<SALES>                                                   97688
<TOTAL-REVENUES>                                          97688
<CGS>                                                     54253
<TOTAL-COSTS>                                             54253
<OTHER-EXPENSES>                                          44927
<LOSS-PROVISION>                                              0
<INTEREST-EXPENSE>                                         1400
<INCOME-PRETAX>                                          (2707)
<INCOME-TAX>                                             (1045)
<INCOME-CONTINUING>                                      (1662)
<DISCONTINUED>                                                0
<EXTRAORDINARY>                                               0
<CHANGES>                                                     0
<NET-INCOME>                                             (1662)
<EPS-PRIMARY>                                            (0.18)
<EPS-DILUTED>                                            (0.18)
        

</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 Annual Report of AmerInst Insurance Group, Ltd. (the Company) on Form 10-K for the period ended December 31, 2007
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Stuart Grayston, President and Principal 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, to my knowledge:



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



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



|                                                       
|-------------------------------------------------------
|/S/    STUART GRAYSTON                                 
|Stuart Grayston President (Principal Executive Officer)



March 31, 2008
**Exhibit
      32.2**





**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 Amendment No. 1 to Quarterly Report of SKRM Interactive,
      Inc. (the “Company”) on Form 10-QSB/A for the quarterly period ended December
      31, 2007 as filed with the Securities and Exchange Commission on the date hereof
      (the “Report”), I, Pericles DeAvila **,** Chief
      Financial 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 to the best of
      my knowledge:





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





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





/s/
                Pericles DeAvilaPericles
                DeAvila, Chief Financial OfficerFebruary
                25, 2008
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS FOR THE NINE MONTH PERIOD ENDED SEPTEMBER 30, 2000, AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000925660
<NAME> FLEXPOINT SENSOR SYSTEMS, INC. AND SUBSIDIARIES

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          91,738
<SECURITIES>                                         0
<RECEIVABLES>                                   47,928
<ALLOWANCES>                                    15,109
<INVENTORY>                                     52,184
<CURRENT-ASSETS>                               192,619
<PP&E>                                       2,675,809
<DEPRECIATION>                               1,309,512
<TOTAL-ASSETS>                               1,700,149
<CURRENT-LIABILITIES>                        8,065,332
<BONDS>                                        129,395
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  1,475,175
<COMMON>                                        21,181
<OTHER-SE>                                 (7,861,539)
<TOTAL-LIABILITY-AND-EQUITY>                 1,700,149
<SALES>                                        112,590
<TOTAL-REVENUES>                               276,717
<CGS>                                          123,272
<TOTAL-COSTS>                                  123,272
<OTHER-EXPENSES>                             4,273,419
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           6,407,778
<INCOME-PRETAX>                           (13,957,687)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                       (13,957,687)
<DISCONTINUED>                                  49,235
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (13,908,452)
<EPS-BASIC>                                     (0.70)
<EPS-DILUTED>                                   (0.70)


</TABLE>
Motion to Dismiss Granted; P etition for Writ of Mandamus Dismissed; and

Memorandum Opinion filed Decembe r 6 , 20 2 2

.

In The


## Fourteenth Court of Appeals

NO. 14

- 22

- 00 7 37

- CV

IN RE PREFERRED CONTRACTOR S AND DAULTON SPENCE , Relator s

ORIGINAL PROCEEDING WRIT OF MANDAMUS 56th District Court Galveston County, Texas Trial Court Cause No. 22

- CV

- 0269



### MEMORANDUM OPINION

On October 17 , 2022 , relator s Preferred Contractors and Daulton Spence filed
a petition for writ of m andamus in this Court. See Tex. Gov’t Code Ann. § 22.221;

see also Tex. R. App. P. 52. In the petition, relator s ask this Court to compel the

Honorable Lonnie Cox

, presiding judge of the 56th District Court of Galveston

Coun ty
, to vacate an order denying relators’ motions to sever claims and transfer
venue and to issue an order severing claims against them and transferring those
claims to Chambers County

.2

On November 16, 2022 , relator s filed a n unopposed motion to dismiss the
petition. We hereby grant the motion and dismiss relators ’ petition.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Wise and Hassan.