alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-41447 Summary Calendar

RAYMOND WYATT YOUNG, Plaintiff-Appellant,

versus BUCK CARROLL, Correctional Officer 3; LAWSON ANTHONY, Correctional Officer 3, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:99-CV-226

-------------------- August 22, 2000 Before JOLLY, JONES, and DeMOSS, Circuit Judges. PER CURIAM: * Raymond Wyatt Young (Texas prisoner #536364) appeals the district court’s dismissal of his civil rights complaint as frivolous and for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B). Young’s complaint listed the named defendants as Buck Carroll and Lawson Anthony and alleged an excessive-force claim against Carroll which Anthony purportedly witnessed. Along with his complaint, Young submitted prison grievance forms which included complaints that the recreational yard for prisoners inNo. 99-41447 -2- administrative segregation did not have a toilet and a water faucet. In his report, the magistrate judge addressed the claim pertaining to the prison recreational yard but did not address the excessive-force claim against Carroll. Although Young’s complaint listed Carroll and Anthony as named defendants, the magistrate judge listed the named defendants as David Sweetin, Todd Harris, and Michael Sizemore. It is also at this time that the caption of the case changed from Young v. Carroll to Young v. Sweetin . The district court later adopted the magistrate judge’s report over Young’s objections. It is not clear from the record whether Young v. Carroll and Young v. Sweetin are two separate actions or are indeed the same action. Given these circumstances and that Young’s excessive-force claim went unaddressed, we VACATE the district court’s judgment and REMAND the case for additional proceedings consistent with this opinion. VACATED AND REMANDED.
Exhibit 32

CERTIFICATION OF CEO AND CFO PURSUANT TO

18 U.S.C.
§ 1350,

AS ADOPTED PURSUANT TO

§ 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Form
10-Q of Otix Global, Inc., a Delaware corporation (the Company), for the quarter ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), Samuel L. Westover,
Chairman and Chief Executive Officer of the Company, and Michael M. Halloran, Vice President and Chief Financial Officer, each hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,
to the best of his knowledge, 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/ SAMUEL L. WESTOVERSamuel L. WestoverChairman and Chief Executive OfficerNovember 6, 2009/s/ MICHAEL M. HALLORANMichael M. HalloranVice President and Chief Financial OfficerNovember 6, 2009


This certification accompanies this Report pursuant to § 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of § 18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by § 906 has been provided to the Company and will be retained the Company and
furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.2



Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



The undersigned hereby certifies that, to his knowledge, (i) the Form 10-QSB of
American Community Bancshares, Inc. (the Company) for the quarter ended March 31, 2004 (the Report), as filed with the Securities and Exchange Commission, 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 on the dates and for the periods presented therein.



|              |  |                                     |  |                                                  
|------------- |  | ----------------------------------- |  | -------------------------------------------------
|              |  | AMERICAN COMMUNITY BANCSHARES, INC.
|              |  |                                    
|Date: 4/27/04 |  | By:                                 |  | /s/ Dan R. Ellis, Jr.                            
|              |  |                                     |  | Dan R. Ellis, Jr.                                
|              |  |                                     |  | Senior Vice President and Chief Financial Officer
1 Attachment 

Attached is a letter providing additional background for the proposed list of nearby sources for the compliance 

demonstration for the Pio Pico Energy Center. 

 

Please do not hesitate to contact me if you have any questions. 

 

--Steve Hill 

PPEC Nearby Sources for PSD Cumulative Impact Modeling 

Steve Hill 

to: 

Carol Bohnenkamp 

07/06/2011 01:32 PM 

Cc: 

djenkins, "Moore, Steve", ESolorio, "McKinsey, John A.", "Gary Rubenstein" 

Hide Details 

From: "Steve Hill" <SHill@sierraresearch.com> Sort List... 

To: Carol Bohnenkamp/R9/USEPA/US@EPA 

Cc: <djenkins@apexpowergroup.com>, "Moore, Steve" <Steve.Moore@sdcounty.ca.gov>, 

<ESolorio@energy.state.ca.us>, "McKinsey, John A." <JAMCKINSEY@stoel.com>, "Gary 

Rubenstein" <GRubenstein@sierraresearch.com>

History: This message has been forwarded. 

PPEC PSD Nearby Sources.pdf

Page 1 of 1

file://C:\Documents and Settings\cbohnenk\Local Settings\Temp\notesBAAA25\~web816... 2/13/2012
**Exhibit 32.1**

 

PHARMACOPEIA, INC.

 

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

 

In connection with the AnnualReport of Pharmacopeia, Inc. (the “Company”) on Form 10-K for the period endedDecember 31, 2003, as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Joseph A. Mollica, Ph.D., Chairman of the Board,President and Chief Executive Officer of the Company, hereby certify pursuantto 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Actof 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 allmaterial respects, the financial condition and results of operations of theCompany.

 

 
| /s/ Joseph  A. Mollica, Ph.D.                                  |   |
|----------------------------------------------------------------|--------|
| Joseph A.  Mollica, Ph.D.                                      |
| Chairman of  the Board, President  and Chief Executive Officer |

 

March 8, 2004

 

----
**EXHIBIT 32.2****Certification Pursuant to Section 906 of theSarbanes-Oxley Act of 2002.**I, Peter Q. Repetti, Chief Financial Officer of Blackboard Inc.(the “Company”), do hereby certify, under thestandards set forth in and solely for the purposes of18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, to myknowledge that:     1. The Quarterly Report on Form 10-Q of the Companyfor the period ended September 30, 2005, as filed with theSecurities and Exchange Commission (the “QuarterlyReport”), fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of1934 as amended; and     2. The information contained in the Quarterly Report fairlypresents, in all material respects, the financial condition andresults of operations of the Company.     /s/ Peter Q. Repetti       Peter Q Repetti     Chief Financial OfficerDated: November 7, 2005
##### 



1.
    
    I have reviewed this Quarterly Report on Form 10-Q of Ivanhoe Energy Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in light of
the circumstances under which such statements were made, not misleading with respect to the
period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods
presented in this report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act
Rules 13a  15(f) and 15d  15(f)) for the registrant and have:
 a.)
    
    designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to ensure
that material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;b.)
    
    designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under our supervision, to
provide reasonable assurance regarding the reliability of financial reporting and
the preparation of financial statements for external purposes in accordance with
generally accepted accounting principles;c.)
    
    evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of
the disclosure controls and procedures, as of the end of the period covered by this
report based on such evaluation; andd.)
    
    disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants most recent
fiscal quarter that has materially affected, or is reasonably likely to materially
affect, the registrants internal control over financial reporting;
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of registrants board of directors:
 a.)
    
    all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably likely
to adversely affect the registrants ability to record, process, summarize and
report financial information; andb.)
    
    any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control over
financial reporting.
  
 By:
    
    /s/ W. Gordon LancasterW. Gordon Lancaster
I 

111TH CONGRESS 

1ST SESSION H. R. 4010 

To amend the Act of August 9, 1955, to authorize the Confederated Tribes 

of the Siletz Indians of Oregon to obtain 99-year lease authority for 

trust land. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2009 

Mr. SCHRADER introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To amend the Act of August 9, 1955, to authorize the 

Confederated Tribes of the Siletz Indians of Oregon to 

obtain 99-year lease authority for trust land. 

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

3 SECTION 1. LEASES OF RESTRICTED LAND. 

4 Subsection (a) of the first section of the Act of Au5 gust 9, 1955 (25 U.S.C. 415(a)), is amended in the second 

6 sentence by inserting ‘‘, land held in trust for the Confed7 erated Tribes of the Siletz Reservation, Oregon’’ after 


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2 

•HR 4010 IH

1 ‘‘land held in trust for the Confederated Tribes of the 

2 Warm Springs Reservation of Oregon’’. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
**Exhibit 23.1**

**Consent of Independent Registered Public Accounting Firm**

The Partners of

Star Gas Partners, L.P.: 

We consent to the incorporation by reference in the registration statements No. 333-100976 on Form S-3, No. 333-49751 on Form S-4 and Nos. 333-40138, and 333-53716 on Form S-8 of Star Gas Partners, L.P. ofour reports dated January 16, 2007, with respect to the consolidated balance sheets of Star Gas Partners, L.P. as of September 30, 2006 and 2005, and the related consolidated statements of operations, comprehensive income (loss), partners’capital and cash flows for each of the years in the three-year period ended September 30, 2006, and the related financial statement schedules, management’s assessment of the effectiveness of internal control over financial reporting as ofSeptember 30, 2006 and the effectiveness of internal control over financial reporting as of September 30, 2006, which reports appear in the September 30, 2006 annual report on Form 10-K of Star Gas Partners, L.P. 

Our report refers to the restatement of the fiscal 2005 and 2004 consolidated financial statements. Our report also refers to a change to the weightedaverage cost method of valuing inventory in fiscal 2006. 

Our report dated January 16, 2007, on management’s assessment of theeffectiveness of internal control over financial reporting and the effectiveness of internal control over financial reporting as of September 30, 2006, expresses our opinion that the Partnership did not maintain effective internal control overfinancial reporting as of September 30, 2006 because of the effect of the material weakness on the achievement of the objectives of the control criteria and contains an explanatory paragraph that states that the following material weakness has beenidentified; The Partnership did not have personnel with sufficient technical expertise related to the application of the provisions of Statement of Financial Accounting Standards Board No. 133, “Accounting for Derivative Instruments and HedgingActivities” (SFAS 133). Specifically, the Partnership’s personnel lacked sufficient technical expertise to ensure compliance with the documentation requirements of SFAS 133 at inception of certain hedge relationships. 

KPMG LLP 

Stamford, Connecticut 

January 16, 2007
I 

111TH CONGRESS 

1ST SESSION H. R. 4072 

To require that certain Federal job training and career education programs 

give priority to programs that provide a national industry-recognized 

and portable credential. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2009 

Mr. MINNICK (for himself, Mr. KRATOVIL, Mr. BRIGHT, and Mrs. 

HALVORSON) introduced the following bill; which was referred to the 

Committee on Education and Labor, and in addition to the Committee 

on Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To require that certain Federal job training and career education programs give priority to programs that provide 

a national industry-recognized and portable credential. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Manufac5 turing Efficiency and Retraining Investment Collaboration 

6 Act’’ or the ‘‘AMERICA Works Act’’. 


wwoods2 on DSK1DXX6B1PROD with BILLS
2 

•HR 4072 IH

1 SEC. 2. NATIONALLY RECOGNIZED AND PORTABLE CRE2 DENTIALS FOR JOB TRAINING PROGRAMS. 

3 (a) WORKFORCE INVESTMENT ACT.— 

4 (1) GENERAL EMPLOYMENT AND TRAINING AC5 TIVITIES.—Section 134 of the Workforce Investment 

6 Act of 1998 (29 U.S.C. 2864) is amended by adding 

7 at the end the following: 

8 ‘‘(f) PRIORITY FOR PROGRAMS THAT PROVIDE A NA9 TIONAL INDUSTRY-RECOGNIZED CREDENTIAL.—In select10 ing and approving training programs or services under 

11 this section, a State, a local board, and a one-stop delivery 

12 system shall give priority approval to programs that pro13 vide a national industry-recognized and portable creden14 tial, certificate, or degree.’’. 

15 (2) YOUTH ACTIVITIES.—Section 129(c)(1)(C) 

16 of the Workforce Investment Act of 1998 (29 U.S.C. 

17 2854(c)(1)(C)) is amended by redesignating clauses 

18 (ii) through (iv) as clauses (iii) through (v), respec19 tively, and inserting after clause (i) the following: 

20 ‘‘(ii) to the extent available and ap21 propriate, a national industry-recognized 

22 credential, certificate, or degree;’’. 

23 (b) CAREER AND TECHNICAL EDUCATION.—Section 

24 3(5)(A)(ii) of the Carl D. Perkins Career and Technical 

25 Education Act of 2006 (20 U.S.C. 2302) is amended by 

26 inserting ‘‘that is nationally recognized and portable and 


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3 

•HR 4072 IH

1 which may provide a basis for additional credentials, cer2 tificates, or degrees’’ after ‘‘an industry-recognized cre3 dential’’. 

4 (c) TRAINING PROGRAMS UNDER TAA.—Section 

5 236(a)(5) of the Trade Act of 1974 (19 U.S.C. 

6 2296(a)(5)) is amended by inserting after the sentence 

7 that follows subparagraph (H)(ii) the following: ‘‘In ap8 proving training programs under paragraph (1), the Sec9 retary shall seek to approve programs that provide a na10 tional industry-recognized and portable credential, certifi11 cate, or degree.’’. 

Æ 


wwoods2 on DSK1DXX6B1PROD with BILLS
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7052

UNITED STATES OF AMERICA,
Plaintiff - Appellee,

v.

CHARLES JEROME ADAMS,
Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Aiken. Patrick Michael Duffy, District Judge. (1:91-cr-00291-PMD-2)

Submitted: November 17, 2009 Decided: November 23, 2009

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Charles Jerome Adams, Appellant Pro Se. Peter Thomas Phillips, Assistant United States Attorney, Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Charles Jerome Adams appeals the district court’s
orders denying his petition for a writ of audita querela and his

motion for reconsideration. We have reviewed the record and
find no reversible error. Accordingly, we affirm for the
reasons stated by the district court. United States v. Adams , No. 1:91-cr-00291-PMD-2 (D.S.C. May 26, 2009). 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.

AFFIRMED
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 of USA Video Interactive Corp. (the Company) on Form 10-Q for the period ended March 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Anton J. Drescher, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002 that:  1. this report fully complies with the requirements of Sections 13(a) or  15(d) of the 1934 Act, and  2. the information contained in this report fairly presents, in all material respects, the registrant's financial condition and results of  operations of the registrant.  By: /s/ Anton J. Drescher ------------------------------------ Name: Anton J. Drescher Title: Secretary and Chief Financial Officer  Date:May 11, 2009
<PAGE>

                                                                      Exhibit 32


CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

In connection with the Report of Meelick Acquisition Corp. (the "Company") on
Form 10-QSB for the quarter ended September 30, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Keith
Dressel, Chief Executive Officer and Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the
Sarbanes-Oxley Act of 2002, that:

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

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

Date: November 17, 2003                       By: /s/ Keith Dressel
                                                  ------------------------------
                                                  Keith Dressel
                                                  Chief Executive Officer
                                                  Chief Financial Officer
**Exhibit32.1**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER**

**PURSUANTTO**

**18U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO**

**SECTION906 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, James T. Demetriades, certify, pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that the Quarterly Report of SeeBeyond TechnologyCorporation on Form 10-Q for the quarterly period ended March 31, 2005 fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 and that information contained in such Form 10-Qfairly presents in all material respects the financial condition and results ofoperations of SeeBeyond Technology Corporation. This written statement is being furnished to the Securities and ExchangeCommission as an exhibit accompanying such Quarterly Report and shall not bedeemed filed pursuant to the Securities Exchange Act of 1934.

 

 
| By:    | /s/  JAMES  T. DEMETRIADES |     |
|--------|--------------------------------------|----------|
| Name:  | James T.  Demetriades                |     |
| Title: | *Chief  Executive Officer*           | * * |

 

 

I, Barry J. Plaga, certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatthe Quarterly Report of SeeBeyond Technology Corporation on Form 10- Q forthe quarterly period ended March 31, 2005 fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and thatinformation contained in such Form 10-Q fairly presents in all materialrespects the financial condition and results of operations of SeeBeyondTechnology Corporation.  This writtenstatement is being furnished to the Securities and Exchange Commission as anexhibit accompanying such Quarterly Report and shall not be deemed filedpursuant to the Securities Exchange Act of 1934.

 

 
| By:    | /s/    BARRY J. PLAGA |     |
|--------|---------------------------------|----------|
| Name:  | Barry J. Plaga                  |     |
| Title: | *Chief  Financial Officer*      | * * |

 

----