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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-6414

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

KENNETH RAY HAYES,

Defendant - Appellant.

Appeal from the United States District Court for the Middle 

District of North Carolina, at Greensboro. James A. Beaty, Jr., 

Senior District Judge. (1:08-cr-00336-JAB-1; 1:11-cv-00800-JABJEP)

Submitted: July 29, 2014 Decided: August 1, 2014

Before NIEMEYER, WYNN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kenneth Ray Hayes, Appellant Pro Se. Michael Francis Joseph, 

Angela Hewlett Miller, Assistant United States Attorneys, 

Greensboro, North Carolina; Robert Albert Jamison Lang, 

Assistant United States Attorney, Winston-Salem, North Carolina, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Kenneth Ray Hayes seeks to appeal the district court’s 

order accepting the recommendation of the magistrate judge and 

denying relief on his 28 U.S.C. § 2255 (2012) motion. The order 

is not appealable unless a circuit justice or judge issues a 

certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 

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) (2012). When the district court denies 

relief on the merits, a prisoner satisfies this standard by 

demonstrating that reasonable jurists would find that the 

district court’s assessment of the constitutional claims is 

debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 

When the district court denies relief on procedural grounds, the 

prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the motion states a debatable 

claim of the denial of a constitutional right. Slack, 529 U.S. 

at 484-85. 

We have independently reviewed the record and conclude 

that Hayes has not made the requisite showing. Accordingly, we 

deny a certificate of appealability and dismiss the appeal. We 

dispense with oral argument because the facts and legal 
3

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED
EXHIBIT 32.1 CERTIFICATION PURSUANT TO18 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 Debt Resolve, Inc. (the
                     "Company") on Form 10-Q for the period ended March 31, 2010 as filed
                     with the Securities and Exchange Commission on the date hereof (the
                     "Report"), I, James G. Brakke, Co-Chairman and Chief Executive
                     Officer and I, David M. Rainey, President and Chief Financial Officer
                     of the Company, certify, pursuant to 18 U.S.C. section 1350 of the
                     Sarbanes-Oxley Act of 2002, that:  (1) The Report fully complies with the requirements of section 13(a)
                     or 15(d) of the Securities Exchange Act of 1934; and (2) The information contained in the Report fairly presents, in all
                     material respects, the financial condition and results of operations
                     of the Company.  Dated: May 24, 2010
                           
                           
                           
                           
                           
                           
                           
                           
                           
                           
                           
                           By:
                           
                           
                           
                           
                           
                           /s/ JAMES G. BRAKKEJames G. BrakkeCo-Chairman and Chief Executive OfficerBy:
                           
                           
                           
                           
                           
                           /s/ DAVID M. RAINEYDavid M. RaineyPresident and Chief Financial Officer
 47
INDIANA ARMY NATIONAL GUARD (INARNG) DRINKING WATER 

PFAS SNAPSHOT

The Army National Guard is committed to ensuring quality drinking water is provided to its 

Soldiers, and civilians. Proactive sampling is performed by the Army National Guard on its

drinking water systems, as well as, coordination with other purveyors to ensure perfluorooctane 

sulfonate (PFOS) and perfluorooctanoic acid (PFOA) remains below the Environmental 

Protection Agency (EPA) lifetime health advisory (HA) level of 70 parts per trillion (ppt). The 

EPA HA is not an enforceable or a regulatory standard, and represents a concentration in 

drinking water that is not expected to produce adverse health effects if the water is consumed 

over a lifetime.

Drinking Water Status: Finished drinking water, which is the treated water people drink at 

Shelbyville Armory, does not contain PFOS/PFOA above the EPA HA. Additionally, Army 

National Guard-provided drinking water complies with the standards of the Safe Drinking Water 

Act (SDWA), a federal law designed to protect the quality of drinking water supplied to the 

American public. The Army National Guard will continue to monitor on-base drinking water to 

ensure the EPA HA or a properly promulgated state drinking water standard is not exceeded.

Test Date: March 2020

PFOA + PFOS Results: Below the laboratory’s ability to detect

Future Testing Event: March 2023

Type of Drinking Water System: Army National Guard-owned

For Questions Contact: Indiana National Guard State Public Affairs Office

Office Phone Number: 317-247-3105

Office E-mail Address: ng.in.inarng.list.pao@mail.mil

Water Quality Reports: A water quality report is not required for this location
<PAGE>


EXHIBIT 32

                          SHELBOURNE PROPERTIES I, INC.
                          FORM 10-Q SEPTEMBER 30, 2003


                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Shelbourne Properties I Inc., (the
"Company"), on Form 10-Q for the quarterly period ended September 30, 2003, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned, in the capacities and on the date indicated below,
hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that: (1) the Report fully
complies with the requirements of Section 13(a) or 15(d) of the Securities and
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 Partnership.

Date:  November 12, 2003                      /s/ Michael L. Ashner
                                              ---------------------------------
                                              Michael L. Ashner
                                              Chief Executive Officer


Date:  November 12, 2003                      /s/ Carolyn B. Tiffany
                                              ---------------------------------
                                              Carolyn B. Tiffany
                                              Chief Financial Officer
<TABLE> <S> <C>
                
<ARTICLE>             5
       
<S>                                       <C>
<PERIOD-TYPE>                             3-MOS
<FISCAL-YEAR-END>                         JUN-30-1996
<PERIOD-END>                              SEP-30-1996
<CASH>                                        642,000
<SECURITIES>                                   92,000     
<RECEIVABLES>                                   4,000
<ALLOWANCES>                                        0
<INVENTORY>                                         0
<CURRENT-ASSETS>                            5,564,000
<PP&E>                                              0
<DEPRECIATION>                                      0
<TOTAL-ASSETS>                              5,564,000
<CURRENT-LIABILITIES>                          68,000
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                            0
<OTHER-SE>                                  5,496,000 <F1>
<TOTAL-LIABILITY-AND-EQUITY>                5,564,000
<SALES>                                             0
<TOTAL-REVENUES>                              156,000 
<CGS>                                               0
<TOTAL-COSTS>                                  89,000
<OTHER-EXPENSES>                                    0
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                  0
<INCOME-PRETAX>                                67,000 
<INCOME-TAX>                                        0 
<INCOME-CONTINUING>                            67,000 
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                   67,000 
<EPS-PRIMARY>                                   19.35      
<EPS-DILUTED>                                       0 

<FN>
<F1>
This figure represents $5,320,000 of Limited Partners' Capital and
$176,000 of General Partner's Capital.
</FN>
        

</TABLE>
From: Higgins, Cortney [mailto:Cortney_Higgins@omb.eop.gov] 

Sent: Friday, April 11, 2014 11:36 AM 

To: Wayland, Robertj 

Cc: Nizich, Sharon 

Subject: FW: E.O. 12866 Meeting on Carbon Pollution Guidelines for Existing Power Plants: 

Emission Guidelines for Greenhouse Gas Emissions From Existing Stationary 

Sources: Electric Utility Generating Units 

Hi Bob, 

Attached are the handouts from this meeting. 

Regards, 

Cortney 

<< 2060AR33_2014_04_09_GHGExisitng_CIC_handout1.pdf >> 

<< 2060AR33_2014_04_09_GHGExisitng_CIC_handout2.pdf >> 

-----Original Appointment----- 

From: Echols, Mabel E. 

Subject: E.O. 12866 Meeting on Carbon Pollution Guidelines for Existing Power Plants: Emission 

Guidelines for Greenhouse Gas Emissions From Existing Stationary Sources: Electric Utility 

Generating Units 

When: Wednesday, April 09, 2014 11:30 AM-12:00 PM (UTC-05:00) Eastern Time (US & 

Canada). 

Where: Wilson Room, White House Conference Center, 726 Jackson Place, NW 

This meeting was requested by Jeanette Pablo, PNM Resources on behalf of the Coalition for 

Innovative Climate Solutions.
EXHIBIT 10.9



March 18, 2004



Mr. Simon Bax

454 17thStreet

Santa Monica, CA 90402



Dear Simon,



It is with great pleasure that Pixar offers you the position of Executive Vice President and Chief Financial Officer. It is expected that your start date
will be on or before May 1, 2004.



Your annual salary will be
$475,000 paid on a weekly basis. Pixar will grant you a Non-statutory Stock Option to purchase 400,000 shares of Pixar Common Stock, subject to approval by Pixars Board of Directors and to the terms of Pixars Stock Plan and Option
Agreement. The option price will be Pixars closing stock price as quoted in The Wall Street Journal on the date of grant. Your stock options will vest annually during your employment as follows: 25% on your first year anniversary and 25% every
anniversary until fully vested.



In addition, you will receive
a one-time sign-on bonus of $200,000 to be used toward covering your familys relocation expenses, payable as follows: $50,000 within 30 days of your full-time start date and $150,000 upon completion of relocating your familys primary
residence to the San Francisco Bay area.



You will be entitled
to participate in Pixars Employee Benefit Program, which includes health and life insurance, long term disability insurance and a 401(k) Retirement Plan. Your health benefits will begin on your first day of employment.



While we hope our relationship may be long and mutually beneficial, please
be aware that the duration of your employment will be for an unspecified term and can be terminated at the will of either party on notice to the other. In addition, this offer is contingent upon your ability to show proof of your legal right to work
in the United States as required by the Immigration and Naturalization Service.



I very much look forward to having you join Pixar. Please dont hesitate to contact me to discuss any aspect of this letter.



I have enclosed two original copies of your offer letter along with our confidentiality agreement. Please confirm your
acceptance to the terms of our letter on or before March 26, 2004 by signing and returning one copy of the offer letter and both copies of the confidentiality agreement in the envelope provided. Please keep the second copy of the offer letter, and
we will return one fully signed copy of the confidentiality agreement for your files.



|                            |  |               |  |                 
|--------------------------- |  | ------------- |  | ----------------
|Sincerely,                  |  |               |  |                 
|                            |  |              
|/s/    STEVE JOBSSteve Jobs |  | Accepted      |  | /s/    SIMON BAX
|                            |  |              
|Chairman and CEO            |  |               |  |                 
|                            |  | Date: 3/22/04
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-4468
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ROQUE ZUNIGA, Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (CR-96-60) Submitted: December 19, 1996 Decided: January 3, 1997 Before ERVIN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Roque Zuniga, Appellant Pro Se. David T. Maguire, Assistant United States Attorney, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).1 We note that Rule 58(g) does not provide for an additional thirty days within which to note an appeal upon a showing of excusable neglect. Compare Fed. R. Crim. P. 58(g)(2)(B) with Fed. R. App. P. 4(b). See United States v. Burgess , 602 F. Supp. 1329, 1331 (E.D. Va. 1985) (holding that Fed. R. App. P. not intended to govern appeals to district court from magistrate judge's judgments of conviction). 2 Appellant's motion to expedite is now moot and is dismissed for that reason. 2 PER CURIAM: Appellant appeals from the district court's order dismissing as untimely his appeal from his conviction and sentence imposed by a magistrate judge. We have reviewed the record and the district court's opinion and find no reversible error. An appeal from a judgment of conviction or sentence by a magistrate judge must be noted within ten days after entry of the judgment. Fed. R. Crim. P. 58(g)(2)(B). The time periods for filing notices of appeal are "mandatory and jurisdictional." United States v. Robinson , 361 U.S. 220, 229 (1960) (applying Fed. R. App. P. 4(b)). The magistrate judge entered his order on April 30, 1996; Appellant's notice of appeal was filed on May 28, 1996. Because Appellant failed to note a timely appeal or obtain an extension of the appeal period, the district court was without jurisdiction to consider the merits of Appellant's appeal. 1 Accordingly, we deny Appellant's motion for transcripts at government expense and affirm the district court's dismissal of Appellant's appeal. 2 We dispense with oral argument because the facts and legal contentions are3 adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
April
19, 2013


 


FINANCING
AGREEMENT


 


This Financing Agreement
between Almah, Inc., a Nevada corporation (the “Company”) and Coldstream Summit Ltd (“Coldstream”)),
sets forth the proposed terms for an investment in the Company (this “Agreement”).


 


		1.	The Company desires to raise up to $2,000,000 through the sale of
shares of its common stock at $0.50 per share and warrants to purchase one (1) share of common stock of the Company with an exercise
price of $0.75 per share and a term of 12 months (the “Financing”), These securities will not be registered
and will be subject to Rule 144 under the Securities Act of 1933, as amended.



 


		2.	Coldstream will purchase $250,000 of shares of common stock of the Company under the Financing
promptly after execution of this Agreement. Additionally, Coldstream agrees to either (i) invest an additional $1,750,000 in the
Financing, or (ii) assist the Company in securing a portion of such Financing from alternate sources within the time period specified
by the Company to meet its funding obligations. For the avoidance of doubt, in the event that Coldstream is unable to secure financing
from alternate sources, Coldstream will either (i) invest the amount agreed upon, or (ii) will fund the missing amount itself.
The investor providing such Financing will provide all information regarding such investor as may be required for the Company to
comply with all applicable securities or other laws relating to the private placement of securities, including, as applicable,
an accredited investor questionnaire, a Regulation S questionnaire and representations required under the United States Patriot
Act.



 


		3.	In the event Coldstream assists the Company in securing the Financing
from other sources, Coldstream will not be entitled to any finder's fee or other compensation for such service.



 


		4.	The Company and Coldstream acknowledge and agree that there are no intended third party beneficiaries
of this Agreement.



 


		5.	This Agreement shall be construed in accordance with, and governed
by, the laws of the State of Nevada, and each party separately and unconditionally subjects itself to the jurisdiction of any court
of competent authority in the State of Nevada. This Agreement may be executed in counterparts, with the same effect as if the signatures
to each such counterpart were upon a single instrument.



 


		6.	Coldstream warrants that it has the capacity to fully fulfill its
financial obligations under this Agreement.



 


	By:	 	 	Address:	 
	Name: 	 	 	 	 
	Title:  	 	 	 	 


 




    	1



    	 



    

 


The foregoing terms of this Agreement are hereby accepted.


 


	ALMAH, INC.	 	Address:	 
	 	 	 	 	 
	By:	 	 		 
	Name:	 	 	 	 
	Title:	 	 	 	 
	 	 	 	 	 
	COLDSTREAM SUMMIT LTD.	 	 	 
	 	 	 	 	 
	By:	 	 	Address:	 
	Name:	 	 	 	 
	Title:	 	 	 	 


 








    	2
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 Limelight Media Group,  Inc.
(the "Company") on Form 10-QSB for the quarter ended June 30, 2004 as filed with
the Securities and Exchange  Commission on the date hereof (the  "Report"),  the
undersigned,  in the  capacities  and  on  the  dates  indicated  below,  hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his 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  operation of the
Company.

Date: August 18, 2004                           By: /s/ David V. Lott
                                                     --------------------------
                                                     Name:  David V. Lott
                                                     Title: Chief Executive
                                                            Officer


A signed  original of this written  statement  required by Section 906, or other
document  authentications,  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 Limelight  Media Group,
Inc. and will be retained by Limelight  Media Group,  Inc. and  furnished to the
Securities and Exchange Commission or its staff upon request.
**Exhibit 12.1**
**CERTIFICATIONS**
I, Denis Kessler, Chairman and Chief Executive Officer of SCOR, certify that:
1. I have reviewed this annual report on Form 20-F/A of SCOR; 2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this annual report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe company as of, and for, the periods presented in this report; 4. The company’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the company andhave:
 a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision,to ensure that material information relating to the company, includingits consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report isbeing prepared;  b) [Omitted in accordance with the guidance of SEC Release No. 33-8238]  c) Evaluated the effectiveness of the company’s disclosure controls andprocedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and  d) Disclosed in this report any change in the company’s internal controlover financial reporting that occurred during the period covered by theannual report that has materially affected, or is reasonably likely tomaterially affect, the company’s internal control over financialreporting; and
5. The company’s other certifying officer(s) and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the company’s auditors and the audit committee of the company’s boardof directors (or persons performing the equivalent function):
 a) All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the company’sability to record, process, summarize and report financialinformation; and  b) Any fraud, whether or not material, that involves managementor other employees who have a significant role in the company’sinternal control over financial reporting.
Date:October 20, 2004
/s/ DenisKessler
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 on Form 10-Q of Sonus Networks, Inc. (the "Company") for the period ended March 31, 2008
as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, Hassan M. Ahmed, Chief Executive Officer and Chairman of the Board of Directors of the Company,
hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:



|Date: May 8, 2008 |  | /s/HASSAN M. AHMEDHassan M. Ahmed President, Chief Executive Officer and
Chairman
(Principal Executive Officer)
|----------------- |  | ---------------------------------------------------------------------------------------------------------------

---



QuickLinks