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 prec e dent except under the limit ed circumstances set forth in 5 TH C IR

. R.

47.5.4. UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

_________________

No. 02-31052

(Summary Calendar)

_________________

MARK A WILLIS,

Plaintiff - Appellant,

versus

HONEYWELL INC,

Defendant - Appellee.

Appeal from the United States District Court

For the Middle District of Louisiana

01-CV-393-B

February 27, 2003

Before DAVIS, WIENER and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *

Mark Willis appeals the magistrate’s refusal to grant relief from judgment under Federal Rule

of Civil Procedure 60(b)(6). Willis, the plaintiff, moved for Rule 60(b)(6) relief after the magistrate-2-

granted the defendant’s unopposed motion for summary judgment in this § 1981 and Title VII reverse

discrimination suit. The district court subsequently entered final judgment.

As an init ial matter, we construe Willis’s appeal as an appeal of the Rule 60(b) ruling and not

of the summary judgment ruling. Although his notice of appeal referenced the final judgment, Willis’s

brief recites only Rule 60(b) case law and does not address the merits of the summary judgment

ruling. Accordingly, we hold him to the issues raised and briefed on appeal.

We review a grant or denial of Rule 60(b) relief for abuse of discretion. F lowers v. S. Reg’l

Physician Servs., Inc.

, 286 F.3d 798, 800 (5th Cir. 2002). In addition, under Rule 60(b)(6), relief

is appropriate “only under extraordinary circumstances.” H eirs of Guerra v. United States

, 207 F.3d

763, 767 (5th Cir. 2000).

Generally, Willis argues that he is entitled to have the summary judgment ruling set aside

because he was abandoned by his lawyer. Although the circumstances of his counsel’s withdrawal

may have been less than ideal, Willis admitted that he was aware of her actions and aware that there

was a motion pending in the case. Yet Willis did not retain new counsel for approximately a month.

Willis bears a duty to protect his own legal interests, and we cannot conclud e that he fulfilled that

duty. See Edw

ard H. Bohlin Co. v. Banning Co. , 6 F.3d 350, 357 (5th Cir. 1993).

Willis has also failed to show that the magistrate’s summary judgment ruling was “manifest ly

unjust.” S ee id. at 353, 357. Although he argued in his Rule 60(b) motion that he would be able to

raise a genuine i ssue of material fact if given the opportunity, he has failed to present any credible

evidence to either the magistrate or this court that suggests he is correct.

The circumstances of this case were not “extraord inary” enough to warrant Rul e 60(b)(6)

relief, and thus the magistrate’s ruling was not an abuse of discretion. For the foregoing reasons, we-3-

AFFIRM the magistrate’s denial of Rule 60(b)(6) relief.

AFFIRMED.
Chief’s message: National Guard’s 373rd birthday

On December 13, our National Guard celebrates 373 years of service. This continues a heritage 

that began in 1636 when the Massachusetts Bay Colony’s militia companies were organized into 

three regiments, the North, South and East Regiments, and became our first organized defense 

forces.

Today, units like the Massachusetts Army National Guard’s 101st Engineer Battalion, which 

traces its lineage back to those first regiments, will mark the occasion from Iraq. They, and tens 

of thousands of others like them, continue to build on this proud heritage as they serve overseas 

and perform missions their predecessors in the Massachusetts colony could never have 

envisioned.

At the same time, we continue to support our governors here at home, performing critical 

missions to defend the homeland against attacks on our own soil and support our civil authorities 

when disasters strike.

The National Guard has never been more central to our nation’s defense or more important to the 

success of our Army and Air Force. The respect and gratitude shown by the American people 

for our Citizen Soldiers and Airmen have never been greater. I extend my heartfelt gratitude to 

the Citizen Soldiers and Airmen who continue to ensure the National Guard is Always Ready, 

Always There! 

Happy Birthday National Guard!

CRAIG R. MCKINLEY

General, U.S. Air Force

Chief, National Guard Bureau
Exhibit 32.1



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

(18 U.S.C. SECTION 1350)



In connection with the accompanying Quarterly Report of Genta
		Incorporated (the Company) on Form 10-Q for the quarter ended March
		31, 2007 (the Report), I, Raymond P. Warrell, Jr., M.D., Chief
		Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350,
		as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



(1)

The Report fully complies with the requirements of Section 13(a) 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.



Date:

May 8, 2007





/s/ RAYMOND P. WARRELL, JR., M.D.*

Name:

Raymond P. Warrell, Jr., M.D.

Title:

Chairman and Chief Executive Officer









* A signed original of this written statement required by Section 906 has
		been provided to Genta Incorporated and will be retained by Genta Incorporated
		and furnished to the Securities and Exchange Commission or its staff upon
		request.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
consolidated balance sheet, consolidated statement of income and consolidated
statement of cash flows included in the Company's Form 10-Q for the period ended
September 30, 1999, and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          16,118
<SECURITIES>                                    27,500
<RECEIVABLES>                                   33,366
<ALLOWANCES>                                     1,981
<INVENTORY>                                     14,224
<CURRENT-ASSETS>                               101,352
<PP&E>                                         115,705
<DEPRECIATION>                                  23,018
<TOTAL-ASSETS>                                 211,641
<CURRENT-LIABILITIES>                           31,528
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            23
<OTHER-SE>                                     173,708
<TOTAL-LIABILITY-AND-EQUITY>                   211,641
<SALES>                                        130,402
<TOTAL-REVENUES>                               130,402
<CGS>                                           46,247
<TOTAL-COSTS>                                   50,910
<OTHER-EXPENSES>                                     4
<LOSS-PROVISION>                                   170
<INTEREST-EXPENSE>                                 213
<INCOME-PRETAX>                                 34,742
<INCOME-TAX>                                     8,349
<INCOME-CONTINUING>                             26,393
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    26,393
<EPS-BASIC>                                       1.16
<EPS-DILUTED>                                     1.13


</TABLE>
<PAGE>   1
                                                                     Exhibit 3.6

                            CERTIFICATE OF AMENDMENT
                                TO THE RESTATED
                          CERTIFICATE OF INCORPORATION

                                       OF

                               i-STAT CORPORATION

        i-STAT CORPORATION, a corporation organized and existing under and by
virtue of the laws of the State of Delaware (the "Corporation"), pursuant to
Section 242 of the Delaware General Corporation Law (the "DGCL"), DOES HEREBY
CERTIFY that:

     FIRST:    The Corporation was incorporated on December 29, 1983, as
Integrated Ionics Inc.

     SECOND:   The first paragraph of Article FOURTH of the Restated
Certificate of Incorporation of the Corporation, filed on April 15, 1992, is
hereby deleted and replaced to read in its entirety as follows:

     "FOURTH:  The total number of shares of all classes of capital stock which
     the Corporation is authorized to issue is fifty-seven million (57,000,000)
     shares, of which fifty million (50,000,000) shares shall be shares of
     common stock, the par value of which is fifteen cents ($.15) per share (the
     "Common Stock") and seven million (7,000,000) shares shall be shares of
     preferred stock, the par value of which is ten cents ($.10) per share (the
     "Preferred Stock)."

     THIRD:    This Certificate of Amendment to the Restated Certificate of
Incorporation (the "Amendment") has been duly adopted by the Board of Directors
and the stockholders of the Corporation in accordance with the provisions of
Section 242 of the DGCL.

     IN WITNESS WHEREOF, the undersigned has executed this Amendment as the act
and deed of the Corporation, and affirms that the statements made herein are
true under the penalties of perjury, this 20th day of June, 2001.




                                              i-STAT CORPORATION


                                              By:       /s/   Roger J. Mason
                                                  ---------------------------
                                                  Name:  Roger J. Mason
                                                  Title: Chief Financial Officer
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

JOHN BURKE, ) ) Petitioner, ) ) v. ) Case No. 2D17-3042 ) DEPARTMENT OF HIGHWAY SAFETY ) AND MOTOR VEHICLES, ) ) Respondent. ) ) Opinion filed March 7, 2018. Petition for Writ of Certiorari to the Circuit Court for the Sixth Judicial Circuit for Pasco County; sitting in its appellate capacity. Eilam Isaak of Isaak Law, PLLC, Tampa, for Petitioner Christie S. Utt, General Counsel, and Brandi Y. Thompson, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Tallahassee, for Respondent.

PER CURIAM.

Denied.
CASANUEVA, CRENSHAW, and SALARIO, JJ., Concur.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7576
JAMES ROWE, Plaintiff - Appellant, versus J. C. COLLINS; COMMONWEALTH ATTORNEY; NEWPORT NEWS CITY DISTRICT JUDGE, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (2:06-cv-00204-JBF) Submitted: January 18, 2007 Decided: January 23, 2007 Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. James Rowe, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: James Rowe appeals the district court’s order denying reconsideration of its order dismissing his 42 U.S.C. § 1983 (2000) complaint without prejudice to his right to pursue an action through habeas corpus. We have reviewed the record and find no reversible error. Accordingly, we deny Rowe’s motions for appointment of counsel and for release, and we affirm for the reasons stated by the district court. See Rowe v. Collins , No. 2:06-cv-00204-JBF (E.D. Va. Aug. 25, 2006). 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 31.1



CERTIFICATION PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002





I, Kevin Kirch, the Chief Executive Officer and Chief Financial Officer of Kevcorp Services, Inc. (the ACompany@), certify that:



1. I have reviewed this annual report on Form 10-KSB of the Company;



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 annual 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.  I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and I have:



a) designed such disclosure controls and procedures 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) evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this report (the "Evaluation Date"); and



c) presented in this report my conclusions about the effectiveness of the disclosure controls and procedures based on my evaluation as of the Evaluation Date;



5. I have disclosed, based on my most recent evaluation, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent function):



a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and



b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and



6. I have indicated in this report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of my most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.



Date:  September 23, 2004                                                 By: /s/ Kevin Kirch

Kevin Kirch

Chief Executive Officer





Chief Financial Officer
Orlan L. HAGINS, Appellant, v. STATE of Florida, Appellee.

No. 4D17-2804

District Court of Appeal of Florida, Fourth District.

[April 5, 2018]

Orlan L. Hagins, Live Oak, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and James J. Carney, Sr. Assistant Attorney General, West Palm Beach, for appellee.

Per Curiam.

*Affirmed.*

Gerber, C.J., Ciklin and Conner, JJ., concur.
EXHIBIT 32.2

                  BESTNET COMMUNICATIONS CORP. AND SUBSIDIARIES


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


     In connection with the Annual Report on Form 10-KSB of BestNet
Communications Corp. (the "Company") for the fiscal year ended August 31, 2006,
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Michael A. Kramarz, Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of operations of
          the Company.


/s/  Michael A. Kramarz
-----------------------------
     Michael A. Kramarz
     Chief Financial Officer


December 14, 2006
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Exhibit 32

CERTIFICATION

The undersigned certify pursuant to 18 U.S.C. §
1350, that:



|(1) | The accompanying quarterly report on Form 10-Q for the period ended December 31, 2009 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 accompanying Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: February 10, 2010



| |  |                                   
| |  | ----------------------------------
| |  | /s/ Stryker Warren, Jr.           
| |  | Stryker Warren, Jr.               
| |  | Chief Executive Officer           
| | 
| |  | /s/ Rebecca J. Weber              
| |  | Rebecca J. Weber                  
| |  | Controller and Director of Finance
#### N. W. DAY SUPPLY COMPANY, Petitioner, Appellant, v. Samuel VALENTI, Trustee, Appellee. In the Matter of BAY STATE AIR CONDITIONING CORPORATION, Bankrupt.

No. 6465.

United States Court of Appeals First Circuit.

Heard April 6, 1965.

Decided April 9, 1965.

Mark C. Yellin, Hartford, Conn., with whom Robert B. Basine, Hartford, Conn., was on brief, for appellant.

Richard Braverman, Boston, Mass., with whom Robert Robinson, Boston, Mass., was on brief, for appellee.

Before ALDRICH, Chief Judge, and MARIS* and BURGER* Circuit Judges.

*

Sitting by designation.

PER CURIAM.

Massachusetts General Laws, Chapter 254, Section 31 (1961 Stat. ch. 530) in terms causes a lien to arise in favor of materialmen upon the adjudication in bankruptcy of certain contractors. The Bankruptcy court refused to recognize any lien; the District Court affirmed, and this appeal followed.

This is not a case, as appellant argues, of a right to perfect, after bankruptcy, a lien previously initiated or created, cf. Bankr.Act, § 67, sub. b, 11 U.S.C. § 107, sub. b, but is merely an attempt to impose a special order of distribution upon the Bankruptcy court after the rights of all *757parties had already been fixed by the filing of the petition. That this construction is not due to inadvertence of the draftsman is emphasized by the further provision to the effect that the so-called lien, is subordinate to all liens otherwise created whether before or after the furnishing of the materials. In other words, it is the filing of the bankruptcy proceedings which, supposedly, creates the lien. Whatever may be the purpose of this statute, or its effect in other circumstances, it is plainly not within the exceptions permitted to a state to control the distribution oif assets in the hands of the Bankruptcy court. Cf. Commercial Credit Co. v. Davidson, 5 Cir., 1940, 112 F.2d 54, 56.

Affirmed.
Kai Uwe THIER, Appellant, v. STATE of Florida, Appellee.

No. 4D18-29

District Court of Appeal of Florida, Fourth District.

[March 29, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Marco A. ALPIZA, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-3234

District Court of Appeal of Florida, Second District.

Opinion filed March 7, 2018

Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant.

PER CURIAM.

Affirmed.

KELLY, MORRIS, and BADALAMENTI, JJ., Concur.
Aaron D. FULMORE, Appellant, v. STATE of Florida, Appellee.

No. 4D17-3593

District Court of Appeal of Florida, Fourth District.

[February 15, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

TASHA M. HUTCHINS, : Case No. 3:18-cv-00279
Plaintiff, : District Judge Walter H. Rice
Magistrate Judge Sharon L. Ovington

vs.

COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,

Defendant.

DECISION AND ENTRY

The Court has conducted a de novo review of the Report and Recommendations of
United States Magistrate Judge Sharon L. Ovington (Doc. #8), to whom this case was
originally referred pursuant to 28 U.S.C. § 636(b). Noting that no objections have been
filed and that the time for filing such objections, if any, under Fed. R. Civ. P. 72(b), has
expired, this Court hereby ADOPTS said Report and Recommendations.

It is therefore ORDERED that:

1. The Report and Recommendations docketed on August 29, 2019
(Doc. #8) is ADOPTED in full;

2. The Commissioner’s non-disability decision on January 30, 2017
is affirmed; and

3. The case is terminated on the docket of this Court.
4. 28-49 Lhe mee
Walter H. Rice

United States District Judge
Exhibit 99.1


               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 Gibraltar Packaging Group, Inc. (the
"Company") on Form 10-Q for the quarter ending March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, being the Chief Executive Officer and the Vice President Finance
(chief financial officer), respectively, of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that:

(1)      The Report fully complies with the requirements of ss. 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/ Walter E. Rose                                        /s/ Brett E. Moller
----------------------------                              ----------------------
WALTER E. ROSE                                            BRETT E. MOLLER
CHAIRMAN OF THE BOARD                                     VICE PRESIDENT FINANCE
AND CHIEF EXECUTIVE OFFICER


Dated: May 13, 2003



This certification is made solely for the purpose of 18 U.S.C. ss. 1350, subject
to the knowledge standard contained in that statute, and not for any other
purpose.