alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
|Exhibit 32.1




Certification of CEO
and CFO 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 on Form 10-Q of Palomar Medical Technologies, Inc.
(the Company) for the quarterly period ended June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the Report), Joseph P.
Caruso, as President and Chief Executive Officer of the Company, and Paul S. Weiner, as
Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, :


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


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

|                                              
|----------------------------------------------
|/s/ Joseph P. Caruso                          
|Name:  Joseph P. Caruso                       
|Title:   President and Chief Executive Officer
|Date:   August 12, 2003                       

|                                
|--------------------------------
|/s/ Paul S. Weiner              
|Name:  Paul S. Weiner           
|Title:   Chief Financial Officer
|Date:  August 12, 2003          

|This
certification accompanies the 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.
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
#### Satterfield *v.*Loupe.

Opinion delivered October 1, 1923.

1. Appeal and error — bringing op agreed statement op pacts.— An agreed statement of facts can be brought up in the record only by bill of exceptions or by incorporating it into the bib of exceptions; merely filing it with the papers being insufficient.

*2272. Appeal and ERROR — absence op testimony — presumption.—In the absence of the testimony upon which a judgment is based, the Supreme Court will assume that it was sustained by sufficient evidence when the judgment is not inconsistent on its face, nor with the issues raised by the pleadings.

Appeal from. Yell Circuit Court, Dardanelle District; *A. B.*Priddy, Judge;

affirmed.

*Herbert G. Scott,*for appellant.

The lien of a warehouseman for storage of- mortgaged property is inferior to the claim of the mortgagee. 7 Cyc. 39. The lien of the warehouseman and the mortgagee are common-law liens, and the senior one prevails. 7 Cyc. 40. Where the bailee has a common-law lien, it is subordinate to a lien created by a properly recorded mortgage. 5 Cyc. 198.

No brief for appellee.

McCulloch, C. J.

Appellant instituted this action to recover possession of a lot of potatoes, the title and right of possession to which was claimed under a mortgage. It is alleged that the potatoes were wrongfully withheld from appellant. by appellee (defendant below), and recovery of damages was also prayed for the detention.

Appellee answered, denying appellant’s allegations of ownership and right of possession, and alleging that the potatoes had been stored in appellee’s warehouse by the grower and owner thereof, and that appellee had a lien for storage charges.

The cause was tried, by consent, before the court sitting as a jury, and judgment was in favor of the appellee, from which an appeal has been prosecuted.

The record entry of the judgment recites that the cause was heard upon the testimony of witnesses, but-there appears in the transcript an agreed statement of facts, upon which counsel for appellant say the case was heard. There is no bill of exceptions in the record, and the agreement concerning the facts can only be brought upon the record by a bill of exceptions or 'by incorporation into the judgment entry. The mere filing of the agreed *228statement of facts does not make it a part of tbe record. *Coonrad*v. *Anderson,*55 Ark. 354; *Kinnanne*v. *State,*106 Ark. 280; *First National Bank of Fort Smith*v. *Thompson,*124 Ark. 161.

In tlie absence of the testimony upon which the judgment is based, we must assume that there was sufficient evidence to sustain the judgment, which is not inconsistent on its face nor with the issues raised in the pleading.

Judgment affirmed.
IN THE UNITED STATES DISTRICT COURT 

 FOR THE SOUTHERN DISTRICT OF OHIO 

 EASTERN DIVISION 

DIXIE GRIFFITH, et al., 

 Plaintiffs, 

vs. Case No.: 2:17-cv-763 

 JUDGE GEORGE C. SMITH 

 Magistrate Judge Vascura 

TRACTOR SUPPLY COMPANY, et al., 

 Defendants. 

 ORDER 

On December 20, 2018, the United States Magistrate Judge issued a Report and 

Recommendation recommending that the Court dismiss this action with prejudice pursuant to 

Federal Rule of Civil Procedure 41(b) for failure to prosecute. (See Doc. 39). The parties were 

specifically advised of their right to object to the Report and Recommendation and of the 

consequences of their failure to do so. There has nevertheless been no objection to the Report 

and Recommendation. 

 Accordingly, the Report and Recommendation is hereby ADOPTED and AFFIRMED. 

Plaintiff’s Complaint is hereby dismissed with prejudice pursuant to Federal Rule of Civil 

Procedure 41(b) for failure to prosecute. 

The Clerk shall remove Document 39 from the Court’s pending motions list and close 

this case. 

 IT IS SO ORDERED. 

/s/ George C. Smith__________________ 

GEORGE C. SMITH, JUDGE 

UNITED STATES DISTRICT COURT
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-50285

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

LISANDRO PEREZ

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:06-CR-1929-ALL

Before JOLLY, DAVIS, and WIENER, Circuit Judges. 

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Lisandro Perez raises

arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S.

224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and

not a separate criminal offense. UnitedStates v.Pineda-Arrellano, 492F.3d 624,

625 (5th Cir. 2007), petition for cert. filed (Aug. 28, 2007) (No. 07-6202). The

United States Court of Appeals

Fifth Circuit

F I L E D

October 3, 2007

Charles R. Fulbruge III

Clerk
No. 07-10280

2

Government's motion for summary affirmance is GRANTED, and the judgment

of the district court is AFFIRMED.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

March 24, 2008 Clifford W. Taylor,

 Chief Justice 

135554 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

ESTATE DEVELOPMENT COMPANY, Robert P. Young, Jr. 

Stephen J. Markman, Plaintiff-Appellee, Justices 

v SC: 135554 

 COA: 273383 

Oakland CC: 2004-057182-CC 

OAKLAND COUNTY ROAD COMMISSION, 

Defendant, Third-Party 

Plaintiff-Appellant,

and 

THOMPSON-McCULLY COMPANY, a/k/a 

THOMPSON-McCULLY COMPANY, L.L.C., 

 Third-Party Defendant, 

 Third-Party Plaintiff-Appellee, 

and 

OAKLAND EXCAVATING COMPANY,

OWEN TREE SERVICE, and ACKLEY 

CONSTRUCTION, 

 Third-Party Defendants. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the November 20, 2007 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court prior to the 

completion of the proceedings ordered by the Court of Appeals. 

t0317 

I, Corbin R. Davis, 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. 

March 24, 2008 

 Clerk
Exhibit
10.13




LEASE
AGREEMENT APPENDIX




In
Santiago Chile, this 01 day of January 2010 between Mr. Carlos Tornquist
Bertrand ID number 8.450.627-3 chilean national residing at Bio Bio 1430 in the
city of Santiago, on behalf of Inversiones Farolito Limitada, ID number
76.020.085-9 acting as lessor on one party and on the other party Patricia Bravo
Arevalo ID number 7.905.033-4 chilean national residing at Los Algarrobos 2228
in the city of Santiago on behalf of LAKELAND INDUSTRIES INC. AGENCIA EN CHILE
ID number 59.118.610-8, acting as lessee, have agreed the
following:




Regarding
point no 4 of the Lease Agreement dated January 01 2009 regarding the contract
timeframe, both parties agree on extending this contract for a period of one
year, meaning this contract will expire the 01 date of January
2011.




The new
lease rent fee has been agreed in $ 745,000 (seven hundred forty five thousand
Chilean pesos).




In the
event of any legal dispute for this legal agreement, both parties are domiciled
at Santiago  Chile and will submit to the  jurisdiction of
the local legal authorities.




This
agreement has been signed by both parties having each one of the parties an
exact copy of the document.




/s/Carlos
      Tornquist Bertrand
                      
                      /s/
      Patricia Bravo ArévaloLESSOR
                      
                      LESSEEp.p.
      INVERSIONES FAROLITO LTDA.
                      
                      p.p.LAKELAND
      INDUSTRIES INC.AGENCIA
      EN CHILECarlos
      Tornquist Bertrand
                      
                      Patricia
      Bravo ArévaloID
      num: 8.450.627-3
                      
                      ID
      num:
7.905.033-4
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

JOSHUA LANDERS,

Petitioner,

v. Case No. 3:18-cv-175

NORM ROBINSON, Warden, JUDGE WALTER H. RICE
London Correctional Institution,

Respondent.

DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE
JUDGE'S SUBSTITUTED REPORT AND RECOMMENDATIONS (DOC.
#28) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS
(DOC. #33); OVERRULING PETITIONER’S OBJECTIONS THERETO
(DOCS. ##31, 36); DISMISSING PETITION UNDER 28 U.S.C.

§ 2254 FOR WRIT OF HABEAS CORPUS (DOC. #1) WITH
PREJUDICE; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT
AND AGAINST PETITIONER; DENYING CERTIFICATE OF
APPEALABILITY AND LEAVE TO APPEAL /N FORMA PAUPERIS;
TERMINATION ENTRY

Based on the reasoning and citations of authority set forth by United States
Magistrate Judge Michael R. Merz in his Substituted Report and Recommendations,
Doc. #28, and his Supplemental Report and Recommendations, Doc. #33, as well
as upon a thorough de novo review of this Court’s file and the applicable law, the
Court ADOPTS said judicial filings in their entirety.

Petitioner's Objections to the Substituted Report and Recommendations,
Doc. #31, are OVERRULED for the reasons set forth in the Supplemental Report

and Recommendations, Doc. #33. Petitioner’s Objections to the Supplemental


Report and Recommendations, Doc. #36, simply re-hash his earlier Objections and
are OVERRULED as meritless for the reasons already thoroughly explained by
Magistrate Judge Merz.

The Court DISMISSES the Petition Under 28 U.S.C. 8 2254 for Writ of
Habeas Corpus, Doc. #1, WITH PREJUDICE.

Given that Petitioner has not made a substantial showing of the denial of a
constitutional right and, further, that the Court’s decision herein would not be
debatable among reasonable jurists, and because any appeal from this Court’s
decision would be objectively frivolous, Petitioner is denied a certificate of
appealability, and is denied leave to appeal in forma pauperis.

Judgment will be entered in favor of Respondent and against Petitioner.

The captioned case is hereby ordered terminated upon the docket records of
the United States District Court for the Southern District of Ohio, Western Division,

at Dayton.

Date: March 3, 2019 oar Pe. Gar
WALTER H. RICE
UNITED STATES DISTRICT JUDGE
[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Notices]
[Page 3100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01033]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Combined Notice of Filings--2

    Take notice that the Commission has received the following Natural 
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP22-326-000.
    Applicants: Southern Natural Gas.
    Description: Motion of Southern Natural Gas Company, L.L.C. to 
Withdraw Tariff Filing.
    Filed Date: 01/11/2022.
    Accession Number: 20220111-5053.
    Comment Date: 5 p.m. ET 1/26/22.

    Any person desiring to intervene or protest in any of the above 
proceedings must file in accordance with Rules 211 and 214 of the 
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 
p.m. Eastern time on the specified comment date. Protests may be 
considered, but intervention is necessary to become a party to the 
proceeding.
    The filings are accessible in the Commission's eLibrary system by 
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing 
requirements, interventions, protests, service, and qualifying 
facilities filings can be found at: https://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 
(toll free). For TTY, call (202) 502-8659.

    Dated: January 13, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-01033 Filed 1-19-22; 8:45 am]
BILLING CODE 6717-01-P
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. §1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of HF Financial Corp. (the “Company”) on Form 10-Q for the quarterly period ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Curtis L. Hage, Chairman, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 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/   Curtis L. Hage                                              |
|--------|--------|-------------------------------------------------------------------|
|   |   | Curtis   L. Hage, Chairman, President and Chief Executive Officer |
|   |   |                                                              |
|   |   | Date:                                                             | February 11,   2011 |

 

----

*                                         A signed original of this written statement required by Section 906 has been provided to HF Financial Corp. and will be retained by HF Financial Corp. and furnished to the Securities and Exchange Commission or its staff upon request.

 

1

----
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                  1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   DEC-31-1997
<CASH>                                                   1
<SECURITIES>                                             0
<RECEIVABLES>                                           18
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                        19
<PP&E>                                                   0
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                          19
<CURRENT-LIABILITIES>                                    0
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    1
<PREFERRED>                                              0
<COMMON>                                                 0
<OTHER-SE>                                              18
<TOTAL-LIABILITY-AND-EQUITY>                            19
<SALES>                                                  0
<TOTAL-REVENUES>                                         0
<CGS>                                                    0
<TOTAL-COSTS>                                            0
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                          0
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                                      0
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                             0
<EPS-PRIMARY>                                            0
<EPS-DILUTED>                                            0



</TABLE>
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

Jelani Khamisi, :

:

Petitioner(s), :

: Case Number: 1:18cv269

vs. :

: Judge Susan J. Dlott

Sheriff, Hamilton County, et al., :

:

Respondent(s). :

ORDER

The Court has reviewed the Report and Recommendation of United States Magistrate

Judge Karen L. Litkovitz filed on June 1, 2018 (Doc. 3), to whom this case was referred pursuant

to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for

filing such objections under Fed. R. Civ. P. 72(b) expired June 15, 2018, hereby ADOPTS said

Report and Recommendation.

Accordingly, this case is DISMISSED for lack of prosecution.

IT IS SO ORDERED.

___s/Susan J. Dlott___________

Judge Susan J. Dlott

United States District Court
**Exhibit 23**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference in Registration Statement Nos.333-27739, 333-56975, 333-67441, 333-83561, 333-45710, 333-68322, 333-96899, 333-118819, 333-03456 and 333-137944 on Form S-8 of (i) our report dated May 4, 2007 relating to the financial statements of Cost Plus, Inc. (which reportexpresses an unqualified opinion and includes explanatory paragraphs relating to the Company’s adoption of a new accounting standard and a restatement) and (ii) our report dated May 4, 2007 on internal control over financial reporting(which report expresses an adverse opinion on the effectiveness of the Company’s internal control over financial reporting because of material weaknesses) appearing in this Annual Report on Form 10-K of Cost Plus, Inc. for the year endedFebruary 3, 2007. 

/s/ DELOITTE & TOUCHE LLP 

San Francisco, California 

May 4, 2007
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 16**  **- 6463** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. ROBERT LEE WINFIELD, JR., a/k/a Tubbs , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of Virginia , at Norfolk

. Robert E. Payne , Senior District Judge. ( 2:95

- cr - 00193

- REP

- 1 )

Submitted : June 23 , 2016 Decided: June 29, 2016

Before MOTZ , KING, and WYNN , Circuit Judges.

Affirmed by un published per curiam opinion

.
Robert Lee Winfield, Jr., Appellant Pro Se. Joseph Kosky, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia; Stephen David Schiller, Assistant United States Attorney, Richmond, Virginia; Howa rd Jacob Zlotnick, Assistant United States Attorney, Newport News, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Robert Lee Winfield, Jr., appeals the district court ’ s order denying his 18 U.S.C. § 3 582(c)(2) (2012) motion for a sentence reduction

. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Winfield , No. 2:95

- cr - 00193

- REP

1 (E.D. Va. Feb. 22, 2016)

. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

AFFIRMED