alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 31



SECTION 302 CERTIFICATION



CERTIFICATION



I, Kenneth J. Eaken, certify that:



1. I have reviewed this quarterly report of Lexon Technologies, Inc. for the quarter ended March 31, 2006;



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 small business issuer as of, and for, the periods presented in this report;



4. The small business issuer=s other certifying officer(s) 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)) for the small business issuer 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 small business issuer, 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 small business issuer=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; and

(c) disclosed in this report any change in the small business issuer=s internal control over financial reporting that occurred during the small business issuer=s most recent fiscal quarter (the small business issuer=s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer=s internal control over financial reporting; and



5. The small business issuer=s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer=s auditors and the audit committee of the small business issuer=s board of directors (or persons performing the equivalent functions):

(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 small business issuer=s ability to record, process, summarize and report financial information; and

(b) any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer=s internal control over financial reporting.



Date: May 19, 2006

/S/Kenneth J. Eaken

Principal Executive Officer

Principal Financial Officer
<PAGE>

                                                                    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 Loudeye Corp. (the
"Company") on Form 10-Q/A for the period ending June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jeffrey
M. Cavins, Chief Executive Officer and President 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 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 as of the date of the financial statements contained therein.

/s/ Jeffrey M. Cavins

Jeffrey M. Cavins
Chief Executive Officer and President
September 2, 2003

                                       -5-
No. 09-1254.

#### Marei Von Saher, Petitioner v. Norton Simon Museum of Art at Pasadena, et al.

562 U.S. 821, 131 S. Ct. 379,

178 L. Ed. 2d 15,

2010 U.S. LEXIS 6643.

October 4, 2010.

The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.

Same case below, 592 F.3d 954.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED CONDENSED FINANCIAL STATEMENTS ENDING SEPTEMBER 30, 1998, AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                             166
<SECURITIES>                                         0
<RECEIVABLES>                                     1031
<ALLOWANCES>                                         0
<INVENTORY>                                        217
<CURRENT-ASSETS>                                  1603
<PP&E>                                            2492
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                    5110
<CURRENT-LIABILITIES>                             1998
<BONDS>                                           1331
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            54
<OTHER-SE>                                        1041
<TOTAL-LIABILITY-AND-EQUITY>                      5110
<SALES>                                           9269
<TOTAL-REVENUES>                                  9269
<CGS>                                             8558
<TOTAL-COSTS>                                      550
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 106
<INCOME-PRETAX>                                    154
<INCOME-TAX>                                        59
<INCOME-CONTINUING>                                 95
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        95
<EPS-PRIMARY>                                     1.80
<EPS-DILUTED>                                     1.77
        

</TABLE>
* Pursuant to Local Rule 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-40713 

Summary Calendar

__________________

WILLIE CRAWFORD BENNETT,

 Plaintiff-Appellant,

versus

JAMES A. COLLINS, DIRECTOR, TEXAS

DEPARTMENT OF CRIMINAL JUSTICE, 

INSTITUTIONAL DIVISION; WAYNE SCOTT;

J. ZELLER; J. FENNIMORE,

 Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. C-95-CV-145

- - - - - - - - - -

January 30, 1996

Before WIENER, PARKER and DENNIS, Circuit Judges.

PER CURIAM:*

William Crawford Bennett appeals from the district court's

order denying his request for a preliminary injunction. Bennett

requested, among other relief, that the district court grant him

a temporary restraining order or preliminary injunction

restraining prison officials from retaliating against him or

transferring him during the pendency of the suit.

The record indicates that Bennett has been transferred;

nevertheless, Bennett does not mention any injury resulting from
No. 95-40713

-2-

the transfer in his appeal. Accordingly, that issue has been

waived. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813

F.2d 744, 748 (5th Cir. 1987) (issues which are not briefed are

waived). Bennett's other issues concern incidents or conditions

on the Chase Field West Unit. As Bennett has been moved from

that unit without objection, those issues are moot. See Powell

v. McCormack, 395 U.S. 486, 496 (1969) ("Simply stated, a case is

moot when the issues presented are no longer `live' or the

parties lack a legally cognizable interest in the outcome."). 

Because the issue is moot, the appeal is frivolous and is

DISMISSED. See 5TH CIR. R. 42.2.

Bennett has not shown that he requires the appointment of

counsel on appeal; therefore, his motion for appointment of

counsel is DENIED. Bennett's request for publication is also

DENIED, as his case does not meet the criteria for publication.

Bennett is cautioned that any additional frivolous appeals

filed by him will invite the imposition of sanctions. To avoid

sanctions, Bennett is further cautioned to review any pending

appeals to ensure that they do not raise arguments that are

frivolous because they have been previously decided by this

court. 

APPEAL DISMISSED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
condensed consolidated balance sheet and statement of operations as of and for
the period ending January 1, 2000 for Grove Holdings LLC and subsidiaries, and
is qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-03-1999
<PERIOD-END>                               JAN-01-2000
<CASH>                                          37,111
<SECURITIES>                                         0
<RECEIVABLES>                                  123,642
<ALLOWANCES>                                   (4,967)
<INVENTORY>                                    191,386
<CURRENT-ASSETS>                               360,253
<PP&E>                                         252,158
<DEPRECIATION>                                (46,058)
<TOTAL-ASSETS>                                 849,991
<CURRENT-LIABILITIES>                          198,600
<BONDS>                                        285,544
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      29,607
<TOTAL-LIABILITY-AND-EQUITY>                    84,991
<SALES>                                        179,076
<TOTAL-REVENUES>                               179,076
<CGS>                                          149,202
<TOTAL-COSTS>                                   34,659
<OTHER-EXPENSES>                                 (116)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              13,180
<INCOME-PRETAX>                               (16,543)
<INCOME-TAX>                                       462
<INCOME-CONTINUING>                           (17,005)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                          302
<NET-INCOME>                                  (16,703)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
No. 10-6408.

#### Rodney Parker, Petitioner v. United States.

562 U.S. 987, 131 S. Ct. 429,

178 L. Ed. 2d 334,

2010 U.S. LEXIS 8319.

October 18, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 371 Fed. Appx. 749.
[Federal Register Volume 63, Number 108 (Friday, June 5, 1998)]
[Notices]
[Page 30774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14898]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[WY-921-41-5700; WYW128092]


Notice of Proposed Reinstatement of Terminated, Oil and Gas Lease

    Pursuant to the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 
3108.2-3(a) and (b)(1), a petition for reinstatement of oil and gas 
lease WYW128092 for lands in Campbell County, Wyoming, was timely filed 
and was accompanied by all the required rentals accruing from the date 
of termination.
    The lessee has agreed to the amended lease terms for rentals and 
royalties at rates of $10.00 per acre, or fraction thereof, per year 
and 16-\2/3\ percent, respectively.
    The lessee has paid the required $500 administrative fee and $125 
to reimburse the Department for the cost of this Federal Register 
notice. The lessee has met all the requirements for reinstatement of 
the lease as set out in Section 31 (d) and (e) of the Mineral Lands 
Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management 
is proposing to reinstate lease WYW128092 effective January 1, 1998, 
subject to the original terms and conditions of the lease and the 
increased rental and royalty rates cited above.

Pamela J. Lewis,
Chief, Leasable Minerals Section.
[FR Doc. 98-14898 Filed 6-4-98; 8:45 am]
BILLING CODE 4310-22-P
No. 10A465.

#### Log Cabin Republicans, Applicant v. United States, et al.

562 U.S. 1038, 131 S. Ct. 589,

2010 U.S. LEXIS 8807.

178 L. Ed. 2d 430,

November 12, 2010.

Application to vacate the stay entered by the United States Court of Appeals for the Ninth Circuit on November 1, 2010, presented to Justice Kennedy, and by him referred to the Court, denied.

Justice Kagan took no part in the consideration or decision of this application.
#### People v Irby

3d Dept: 140 AD3d 1319 (Sullivan)

denied 8/11/16 (Rivera, J.)
[Federal Register Volume 63, Number 117 (Thursday, June 18, 1998)]
[Notices]
[Page 33432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16158]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration
[RST-97-5]


The New Jersey Transit Rail Operations, Incorporated

    The New Jersey Transit Rail Operations, Inc., (NJT) has petitioned 
the Federal Railroad Administration (FRA) seeking a waiver of 
compliance with the requirements of Title 49 CFR Part 213.233(c). NJT 
proposes to substitute the operation of a track geometry measuring car 
over main track and sidings quarterly in place of one of the currently 
required twice weekly visual inspections.
    The FRA issued two public notices seeking comments of interested 
parties. After examining the railroad's proposal and the available 
facts, FRA has determined that a public hearing is necessary before a 
final decision is made on this proposal.
    Accordingly, a public hearing is hereby set for 9:00 a.m. EDT, on 
Tuesday, August 4, 1998 in the Peter W. Rodino Federal Building, 970 
Broad Street, Rooms 204-205, in Newark, New Jersey. Interested parties 
are invited to present oral statements at the hearing
    The hearing will be an informal one and will be conducted in 
accordance with Rule 25 of the FRA Rules of Practice (Title 49 CFR part 
211.25), by a representative designated by the FRA.
    The hearing will be a nonadversary proceeding and, therefore, there 
will be no cross-examination of persons presenting statements. The FRA 
representative will make an opening statement outlining the scope of 
the hearing. After all initial statements have been completed, those 
persons wishing to make brief rebuttal statements will be given the 
opportunity to do so in the same order in which they made their initial 
statements. Additional procedures, if necessary for the conduct of the 
hearing, will be announced at the hearing.

    Issued in Washington, D.C. on June 8, 1998.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 98-16158 Filed 6-17-98; 8:45 am]
BILLING CODE 4910-06-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-6072

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

RAPHAEL MENDEZ,

Respondent - Appellant.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. W. Earl Britt, Senior

District Judge. (5:91-HC-350-BR)

Submitted: March 23, 2006 Decided: March 31, 2006

Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Raphael Mendez, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant

United States Attorney, Michelle T. Fuseyamore, OFFICE OF THE

UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Raphael Mendez seeks to appeal a district court order

entered December 21, 2005, denying his motion to expedite his

hearing date and for permission to appear live rather than by video

conferencing. We dismiss the appeal because no final appealable

order has been entered. 

This Court may exercise jurisdiction only over final

orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and

collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b);

Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949).

Because the order being appealed is neither a final order nor a

certain interlocutory or collateral order, we dismiss the appeal

for lack of jurisdiction. We also deny the motion for general

relief. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

DISMISSED
No. 10-6360.

#### Joshua Todd Woolridge, Petitioner v. Rhea Edwards.

562 U.S. 1046, 131 S. Ct. 601,

178 L. Ed. 2d 439,

2010 U.S. LEXIS 8965.

November 15, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
EXHIBIT 32


                           CERTIFICATIONS PURSUANT TO
            SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


 Pursuant  to Section  1350,  Chapter 63 of Title 18,  United  States  Code,  as
adopted  pursuant  to  Section  906  of the  Sarbanes-Oxley  Act  of  2002,  the
undersigned,  as Chief Executive  Officer of Tumbleweed,  Inc. (The  "Company"),
does hereby certify that to the undersigned's knowledge:

         1)       the  Company's  quarterly  report on Form 10-Q for the quarter
                  ending June 15, 2003 (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  Company's  Report  fairly
                  presents,  in all material respects,  the financial  condition
                  and results of operations of the Company.


                                                  /s/ Terrance A. Smith
                                                  -----------------------
                                                  Terrance A. Smith
                                                  President and Chief
                                                  Executive Officer
 Dated: July 29, 2003


 Pursuant  to Section  1350,  Chapter 63 of Title 18,  United  States  Code,  as
adopted  pursuant  to  Section  906  of the  Sarbanes-Oxley  Act  of  2002,  the
undersigned,  as Chief Financial  Officer of Tumbleweed,  Inc. (The  "Company"),
does hereby certify that to the undersigned's knowledge:

         1)       the  Company's  quarterly  report on Form 10-Q for the quarter
                  ending June 15, 2003 (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  Company's  Report  fairly
                  presents,  in all material respects,  the financial  condition
                  and results of operations of the Company.


                                                  /s/ Glennon F. Mattingly
                                                  ------------------------
                                                  Glennon F. Mattingly
                                                  Vice President and
                                                  Chief Financial Officer
 Dated: July 29, 2003
S91G1369.

#### POSTELL v. THE STATE.

(412 SE2d 831)

Hunt, Justice.

In *Postell v. State,*200 Ga. App. 208 (407 SE2d 412) (1991) the Court of Appeals affirmed the defendant’s convictions for rape and robbery by intimidation. We granted the defendant’s application for certiorari to determine whether the trial court should have charged the jury on circumstantial evidence, as the defendant requested, and whether the trial court properly excluded evidence regarding a prior claim of rape by the victim.

1. In *Robinson v. State,*261 Ga. 698 (410 SE2d 116) (1991) we held that “where the state’s case depends, in whole or in part, on circumstantial evidence, a charge on the law of circumstantial evidence *843must be given on request.” Here, as in *Robinson,*the state’s case depended in part on circumstantial evidence. Accordingly, the trial court erred by failing to give the defendant’s request to charge on circumstantial evidence.

Decided February 6, 1992.

*Perry, Walters & Lippitt, Jesse W. Walters,*for appellant.

*Britt R. Priddy, District Attorney,*for appellee.

2. The trial court did not err by excluding evidence regarding the victim’s claim that she was raped previously by another man. There is no evidence that the victim accused any individual in connection with this claim. Therefore, the rule in *Smith v. State,*259 Ga. 135, 137 (377 SE2d 158) (1989), authorizing evidence of prior false accusations of rape in a rape trial, does not apply, and the evidence was not otherwise admissible.

3. Having reviewed the evidence in the light most favorable to the jury’s determination, we conclude that a rational trier of fact could have found the defendant guilty of rape and robbery by intimidation beyond a reasonable doubt. *Jackson v. Virginia,*443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); *Crawford v. State,*245 Ga. 89, 90 (263 SE2d 131) (1980).

*Judgment reversed.*

*Clarke, C. J., Bell, Benham and Fletcher, JJ., concur; Weltner, P. J., dissents.*

Weltner, Presiding Justice,

dissenting.

I dissent for the reasons expressed in my dissent in *Robinson v. State,*261 Ga. 698 (410 SE2d 116) (1991).