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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-7438 

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ALTON R. HENRY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of Virginia, at Norfolk. Rebecca Beach Smith, District

Judge. (2:00-cr-00150-RBS; 2:01-cv-00528-RBS)

Submitted: October 31, 2006 Decided: November 8, 2006

Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alton R. Henry, Appellant Pro Se. Laura Marie Everhart, Assistant

United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Alton R. Henry seeks to appeal the district court’s order

treating his Fed. R. Civ. P. 60(b) motion as a successive 28 U.S.C.

§ 2255 (2000) motion, and dismissing it on that basis. The order

is not appealable unless a circuit justice or judge issues a

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

Reid v. Angelone, 369 F.3d 363, 369 (4th Cir. 2004). 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 any assessment of the

constitutional claims by the district court is debatable or wrong

and that any dispositive procedural ruling by the district court is

likewise debatable. 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 Henry has not made the

requisite showing. Accordingly, we deny a certificate of

appealability and dismiss the appeal.

Additionally, we construe Henry’s notice of appeal and

informal brief as an application to file a second or successive

motion under 28 U.S.C. § 2255. United States v. Winestock, 340

F.3d 200, 208 (4th Cir. 2003). In order to obtain authorization to

file a successive § 2255 motion, a prisoner must assert claims
- 3 -

based on either: (1) a new rule of constitutional law, previously

unavailable, made retroactive by the Supreme Court to cases on

collateral review; or (2) newly discovered evidence, not previously

discoverable by due diligence, that would be sufficient to

establish by clear and convincing evidence that, but for

constitutional error, no reasonable factfinder would have found the

movant guilty of the offense. 28 U.S.C. §§ 2244(b)(2), 2255

(2000). Henry’s claims do not satisfy either of these criteria.

Therefore, we deny authorization to file a successive § 2255

motion. 

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
#### WILLIAM R. CHERRY, Adm’r *v.*L. L. SAVAGE.

In an action upon a bond in the ustial form, given at an administrator’s sale in January 1865, proof that at the sale proclamation was made that “Confederate notes will not be taken,” rebuts the *presumption*made by the Ordinance of 1865 as to the currency’in which notes, &e., are *solvable;*and the fact that on the same occasion, before sale-made, the administrator, upon further enquiry by the bystanders, added “ that if he had to collect the notes he would collect gold and silver, that if he could pay the notes over to the hems, &c., *they*could make any arrangement they were willing to, as to payment,” is immaterial.

*(Laws v. Rycroft, ante,*100, cited, distinguished and approved.)

Debt, tried before Jones, J., at January Special Term 1870, of Edgecombe Court.

The plaintiff declared' upon a bond for-money, in the usual form, payable to himself as administrator, &c. at six months, by the defendant, and executed January 18th 1885, and proved that it was given at a sale made by him, and that before the sale, proclamation was made of the terms, by reading aloud a written statement (amongst other things) that “Confederate notes will not be taken”; also that after these terms were read, and before the sale, as they did not state what sort of money *tvoulcl ~be*received, the plaintiff added, “ that if *he*had to collect the notes he would collect gold and silver; that if he could pay the notes over to the heirs, &c., *they*could make any arrangement with them they were willing to, in regard to their payment.”

The defendant excepted to the admission of other testimony as to the terms, than what was written.

Yercliet for the plaintiff, for the *face*of the note, &c. Rule, &c., Judgment, and Appeal by the defendant.

*Bragg*for appellant.

*Battle Sc Sons, contra.*

Dick, J.

It appears from the evidence introduced by the *104plaintiff, that the note sued on was given on the 18th clay of January 1865, for property purchased at an administrator’s sale. Before the sale was made, it was distinctly announced by the auctioneer, as one of the terms of sale, that Confederate money would not be received in payment, from the purchasers. This evidence fully rebutted the presumption created by the Ordinance, of Oct. 18th 1865, and the Acts of 1866, chapters 38 and 39.

In the case of *Laws, Adm'r.*v. Rycroft, at this term, the collateral contract was not sufficiently definite to prevent the operation of said statutes.

There is no error.

Per Curiam. Judgment affirmed.
<Page>

                                                                 Exhibit 10.1



                  CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


As independent public accountants, we hereby consent to the incorporation by
reference in this Form 20-F/A of our report dated January 31, 2001 (except
with respect to the matter discussed in Note 22 to the consolidated financial
statements, as to which the date is October 24, 2001), included in the
Company's 2000 Annual Report filed on Form 6-K/A, and to the incorporation by
reference of our report included in this Form 20-F/A into the Company's
previously filed Registration Statements on Form S-8, File No. 33-28473, Form
S-8, File No. 333-6958, Form S-8, File No. 333-11178, Form F-3, File No.
33-51798, Form F-3, File No. 33-96994, and Form F-3, File No. 333-6960. It
should be noted that we have not audited any financial statements of the
Company subsequent to November 30, 2000 or performed any audit procedures
subsequent to the date of our report.



                                                /s/ ARTHUR ANDERSEN LLP


New York, New York
October 24, 2001
<PAGE>
                                                                    EXHIBIT 99.1

                     CERTIFICATE OF CHIEF EXECUTIVE OFFICER
                          AND CHIEF FINANCIAL OFFICER


        This  Certificate is being  delivered  pursuant to the  requirements  of
Section  1350 of  Chapter  63 (Mail  Fraud)  of Title 18  (Crimes  and  Criminal
Procedures)  of the United  States Code and shall not be relied on by any person
for any other purpose.

        The undersigned, who are the Chief Executive Officer and Chief Financial
Officer, respectively, of S1 Corporation (the "Company"), hereby each certify as
follows:

        To the knowledge of the  undersigned,  the Annual Report on Form 10-K of
the Company (the "Report"),  which accompanies this Certificate,  fully complies
with the  requirements of Section 13(a) or 15(d) of the Securities  Exchange Act
of 1934, and all  information  contained in the Report fairly  presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Company.


         Dated this 28th day of March 2003.


                                /S/ JAIME W. ELLERTSON
                                ------------------------------------------------
                                Jaime W. Ellertson, Chief Executive Officer

                                /S/ MATTHEW HALE
                                ------------------------------------------------
                                Matthew Hale, Chief Financial Officer
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

May 28, 2013

p0520 

# Order

Clerk May 28, 2013

145994 & (38)(39)(42)(43)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 145994

COA: 306257

Genesee CC: 05

- 017154

- FC

OMAR RASHAD POUNCY,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the July 13, 2012 order

of the Court of Appeals is considered, and it is DENIED, because the defendant has

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). The

motion to expand the record and the motions to remand are DENIED.
OFFICER'S CERTIFICATE

     In  connection  with the  Annual  Report  of  Envirokare  Tech,  Inc.  (the
"Company") on Form 10-KSB for the period ended December  31,2003,  as filed with
the Securities  and Exchange  Commission on April 14, 2004 (the  "Report"),  I,
John  Verbicky,  President  and Chief  Executive  Officer  (Principal  Executive
Officer) of the Company,  hereby certify pursuant to 18 U.S.C.  Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

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


     IN WITNESS  WHEREOF,  the undersigned has executed this Certificate on this
14th day of April, 2004.

                                  /s/ Jonathan Edelstein
                                  -------------------------------------
                                  Name:    Jonathan Edelstein
                                  Title:   Treasurer (Principal
                                           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.                  

###### Small Business Administration

          - [Disaster Declaration #20558 and #20559; NEBRASKA Disaster Number NE-20003]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 1.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Nebraska (FEMA—4808-DR), dated August 20, 2024.

*Incident:*                         Severe Storms, Straight-Line Winds, Tornadoes, and Flooding.                    

*Incident Period:*                         May 20, 2024, through June 3, 2024.                    

# DATES:

Issued on October 15, 2024.

*Physical Loan Application Deadline Date:*                         November 14, 2024.                              ( print page 85275)    

*Economic Injury (EIDL) Loan Application Deadline Date:*                         May 20, 2025.                    

# ADDRESSES:

*Visit the MySBA Loan Portal at https://lending.sba.gov*                         to apply for a disaster assistance loan.                    

# FOR FURTHER INFORMATION CONTACT:

Alan Escobar, Office of Disaster Recovery & Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of Nebraska, dated August 20, 2024, is hereby amended to extend the deadline for filing applications for physical damages as a result of this disaster to November 14, 2024. This notice is further amended to include the following areas as adversely affected by the disaster.

*Primary Counties:*

Lincoln, Sarpy.

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

Rafaela Monchek,

Deputy Associate Administrator, Office of Disaster Recovery & Resilience.

[FR Doc. 2024-24894 Filed 10-24-24; 8:45 am]

BILLING CODE 8026-09-P
Exhibit 32.1
Form 10-KSB
Viking Systems, Inc.
File No. 000-49636



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

     The certification set forth below is being submitted in connection with the
Viking Systems,  Inc.(the "Company") Annual Report on Form 10-KSB for the fiscal
year  ended  December  31,  2003 as  filed  with  the  Securities  and  Exchange
Commission on the date hereof (the  "Report") for the purpose of complying  with
Rule  13a-14(b) or Rule  15d-14(b) of the  Securities  Exchange Act of 1934 (the
"Exchange  Act") and Section 1350 of Chapter 63 of Title 18 of the United States
Code.

     I, Thomas B. Marsh,  President and Chief Executive  Officer of the Company,
certify that:

     1. the Report fully complies with the requirements of Section 13(a) or15(d)
of the Exchange Act; and

     2. the information contained in the Report fairly presents, in all material
respects,  the financial  condition and results of operations of Viking Systems,
Inc.


Dated:     March 8, 2004              By: /s/ Thomas B. Marsh
                                          ------------------------------------
                                          Thomas B. Marsh
                                          President and Chief Executive Officer
Page 103 of 134


                                                                       EXHIBIT 5


<PAGE>

                                                                Page 104 of 134


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


                  ATI Technologies Inc. (the "Company") is filing its annual
report on Form 40-F for the fiscal year ended August 31, 2003 (the "Report")
with the U.S. Securities and Exchange Commission.

                  I, K.Y. Ho, Chairman and Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. section 1350, as enacted pursuant to
section 906 of the U.S. Sarbanes-Oxley Act of 2002, that to the best of my
knowledge:

                  (i)  the Report fully complies with the requirements of
                       section 13(a) or 15(d) of the U.S. 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.





//K.Y. Ho//
------------------------------------
K.Y. Ho
Chairman and Chief Executive Officer
January 16, 2004





<PAGE>

                                                                Page 105 of 134


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


                  ATI Technologies Inc. (the "Company") is filing its annual
report on Form 40-F for the fiscal year ended August 31, 2003 (the "Report")
with the U.S. Securities and Exchange Commission.

                  I, Terry Nickerson, Senior Vice President, Finance and Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. section 1350,
as enacted pursuant to section 906 of the U.S. Sarbanes-Oxley Act of 2002, that
to the best of my knowledge:

                  (i)  the Report fully complies with the requirements of
                       section 13(a) or 15(d) of the U.S. 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.





//Terry Nickerson//
----------------------------------
Terry Nickerson
Senior Vice President, Finance and
Chief Financial Officer
January 16, 2004
Exhibit
      32.2





CERTIFICATION
      OF CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 906 OF THE


SARBANES-OXLEY
      ACT OF 2002 (18 U.S.C. SECTION
      1350)





In
      connection with the Quarterly Report of SKMI Interactive, Inc.; on Form 10-QSB
      for the fiscal year ended March 31, 2007, as filed with the Securities and
      Exchange Commission (the "Report"), Karen Polino, Principal Financial Officer
      of
      the Company, does hereby certify, pursuant to ss. 906 of the Sarbanes-Oxley
      Act
      of 2002 (18 U.S.C. ss. 1350), that to her 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 result of operations of the Company.




By:
              /s/ Karen AaldersName:
                Karen Aalders
              Principal
                Financial Officer
              August
                13, 2007
#### Max Rosman and Others, Plaintiffs, *v.*United Strictly Kosher Butchers, U. V. Local No. 1, Bronx, Inc., Defendant.

Supreme Court, Special Term, Bronx County,

June 15, 1937.

*Jacques Buitenkant,*for the motion.

*Nathan Immerman,*opposed.

Miller, J.

This is an application by the plaintiff Rosman and other meat dealers, members of Progressive Butchers Association, to restrain defendant from patrolling in the vicinity of Rosman’s meat market with placards. These signs contain a writing to the public to the effect that the sale of Kosher poultry by the poultry stand in Rosman’s market is no indication that the other meat sold is Kosher. The sign is absolutely truthful. Rosman admits he does not sell Kosher meat. There is weight in defendant’s argument that Rosman opened a poultry Kosher department as a means of profiting from the business of unwary purchasers who might infer from the sign in the poultry department that the entire market *379sells Kosher meat. I also am impressed with the view of George Ringler, supervisor of the Kosher Law Enforcement Division of the Department of Agriculture. He states in his affidavit: “ After examining the exhibits annexed to the complaint, I am of the opinion that defendant is performing a public service when it notifies those citizens who desire to purchase Kosher meat that plaintiffs sell only non-Kosher meat.” The right of giving public information of this character in a forcible manner is not limited , to labor disputes. *(Julie Baking Co., Inc.,*v. *Graymond,*152 Misc. 846. See, also, case noted in 99 A. L. R. 533, citing a number of cases sustaining the right to picket in other than labor disputes.)

The motion for an injunction is denied.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                    12-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                       4,811,709
<INT-BEARING-DEPOSITS>                         161,524
<FED-FUNDS-SOLD>                             2,877,742
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 33,604,258
<INVESTMENTS-CARRYING>                       4,929,808
<INVESTMENTS-MARKET>                         4,919,789
<LOANS>                                     43,521,160
<ALLOWANCE>                                    310,157
<TOTAL-ASSETS>                              96,104,373
<DEPOSITS>                                  75,180,323
<SHORT-TERM>                                 2,650,000
<LIABILITIES-OTHER>                          1,053,602
<LONG-TERM>                                  9,200,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,309,608
<OTHER-SE>                                   7,762,724
<TOTAL-LIABILITIES-AND-EQUITY>              96,104,373
<INTEREST-LOAN>                              3,974,970
<INTEREST-INVEST>                            2,176,023
<INTEREST-OTHER>                               104,019
<INTEREST-TOTAL>                             6,255,012
<INTEREST-DEPOSIT>                           2,719,276
<INTEREST-EXPENSE>                           3,251,540
<INTEREST-INCOME-NET>                        3,003,472
<LOAN-LOSSES>                                   45,000
<SECURITIES-GAINS>                              27,486
<EXPENSE-OTHER>                              2,894,360
<INCOME-PRETAX>                                602,480
<INCOME-PRE-EXTRAORDINARY>                     385,587
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   385,587
<EPS-BASIC>                                       3.05
<EPS-DILUTED>                                     2.89
<YIELD-ACTUAL>                                    7.41
<LOANS-NON>                                  1,391,680
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                              1,145,018
<ALLOWANCE-OPEN>                               553,797
<CHARGE-OFFS>                                  326,590
<RECOVERIES>                                    37,950
<ALLOWANCE-CLOSE>                              310,157
<ALLOWANCE-DOMESTIC>                           310,157
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>