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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6744

ARMANDO DESPAIGNE,

Petitioner - Appellant,

versus

PHOEBE JOHNSON, Warden of Perry Correctional

Institution; CHARLES CONDON, Attorney General

of the State of South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Greenville. G. Ross Anderson, Jr., District

Judge. (CA-97-3410-13AK-6)

Submitted: July 30, 1998 Decided: August 27, 1998

Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Armando Despaigne, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court’s order dismissing his 28

U.S.C.A. § 2254 (West 1994 & Supp. 1998) petition. Appellant’s case

was referred to a magistrate judge pursuant to 28 U.S.C. §

636(b)(1)(B) (1994). The magistrate judge recommended that relief

be denied and advised Appellant that failure to file timely objections to the report and recommendation could waive appellate review

of a district court order based upon the recommendation. Despite

this warning, Appellant failed to object to the magistrate judge’s

recommendation. The timely filing of objections to a magistrate

judge’s recommendation is necessary to preserve appellate review of

the substance of that recommendation when the parties have been

warned that failure to object will waive appellate review. See

Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985). Appellant

has waived appellate review by failing to file objections after

receiving proper notice. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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
EXHIBIT 32.2





Certification of Chief Financial Officer


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 West Bancorporation, Inc. on Form 10-Q for the quarter ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Douglas R. Gulling, Executive Vice President and Chief Financial Officer of West Bancorporation, Inc., 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) 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 conditions and results of operations of West Bancorporation, Inc.








October 29, 2010








/s/ Douglas R. Gulling


Douglas R. Gulling


Executive Vice President and Chief Financial Officer





51
Exhibit 32.1

WRITTEN STATEMENT

PURSUANT TO

18 U.S.C. SECTION 1350

The undersigned, James V. Mazzo and Michael J. Lambert, the Chief Executive Officer
and the Chief Financial Officer, respectively, of Advanced Medical Optics, Inc. (the Company), pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. §1350, hereby certify to the best of their knowledge that:

(i) the Quarterly Report on Form 10-Q of the Company for the quarterly period ended September 26, 2008 (the
Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 780(d)); and

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

Dated: November 4, 2008



/s/ JAMES V. MAZZOJames V. Mazzo,Chairman of the Board and Chief Executive Officer/s/ MICHAEL J. LAMBERTMichael J. Lambert,Executive Vice President and Chief Financial Officer


A signed original of this written statement required by Section 906 has been provided to Advanced
Medical Optics, Inc. and will be retained by Advanced Medical Optics, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 32.1



CERTIFICATE OF

PRINCIPAL EXECUTIVE OFFICER

AND PRINCIPAL FINANCIAL OFFICER



Each of the undersigned hereby certifies in his capacity as an officer of
Koger Equity, Inc. (the Company) that he has reviewed this annual report and, to the best of his knowledge and belief, the annual report of the Company on Form 10-K for the annual period ended December 31, 2003 fully complies with the
requirements of Section 13(a) of the Securities Exchange Act of 1934, that the annual report does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the report not misleading, and that the
information contained in such report fairly presents, in all material respects, the financial condition of the Company at the end of such period and the results of operations and cash flows of the Company for such period.



|                     |  |                                                                                                                      
|-------------------- |  | ---------------------------------------------------------------------------------------------------------------------
|Dated: March 9, 2004 |  | /s/    THOMAS J.
CROCKER                                                                                             
|                     |  | Thomas J. Crocker Chief Executive Officer (Principal Executive Officer) Koger Equity, Inc.                           
|                     | 
|Dated: March 9, 2004 |  | /s/    STEVEN A.
ABNEY                                                                                               
|                     |  | Steven A. Abney Vice President, Finance and Chief Accounting Officer (Principal Financial Officer) Koger
Equity, Inc.
No. 09-9985.

#### Michael G. Ryan, Petitioner v. United States.

559 U.S. 1115, 130 S. Ct. 2426,

176 L. Ed. 2d 939,

2010 U.S. LEXIS 3725.

May 3, 2010.

Petition for writ of certio-rari to the United States Court of Appeals for the Third Circuit denied.
EXHIBIT
      32.1





Certification
      of Chief Executive Officer 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 West Bancorporation, Inc. on Form 10-Q
      for the quarter ended March 31, 2007 as filed with the Securities and Exchange
      Commission on the date hereof (the “Report”), I, Thomas E. Stanberry, Chairman,
      President and Chief Executive Officer of West Bancorporation, Inc., 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) 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 conditions and results of operations of West
      Bancorporation, Inc.


May
                4,
                2007/s/ Thomas E. StanberryThomas
                E. StanberryChairman, President and Chief Executive
                Officer
No. 09-8622.

#### Curtis A. Peacock, Petitioner v. Committee of Bar Examiners of the State Bar of California, et al.

559 U.S. 983, 130 S. Ct. 1715,

176 L. Ed. 2d 198,

2010 U.S. LEXIS 1991.

March 1, 2010.

Petition for writ of cer-tiorari of the Supreme Court of California denied.
Exhibit 32.1







Pursuant to 18 U.S.C.  Section 1350, the undersigned  officer of The Bank of New York Mellon Trust Company,  N.A., as Trustee on behalf of Government  Trust 1-D (the  "Trust"),  hereby  certifies,  to his knowledge,  that the Trust's Annual Report on Form 10-K for the year ended  December 31, 2011 (the  "Report")  fully complies with the requirements of Section 13(a) or 15(d), as applicable,  of theSecurities Exchange Act of 1934 and that the information contained in the Reportfairly presents,  in all material respects,  the financial condition and resultsof operations of the Trust.






/s/ Lawrence M. Kusch


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




Name:   Lawrence M. Kusch


Title:  Vice President




March 30, 2012
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-6411
ALFRED GEE, Petitioner - Appellant, versus DENNIS BIDWELL, Warden; THE ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District ofMaryland, at Greenbelt. Peter J. Messitte, District Judge. (CA97-232-PJM) Submitted: August 28, 1997 Decided: September 17, 1997 Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. Alfred Gee, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court's order denying relief on his 28 U.S.C. § 2241 (1994) petition. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Gee v. Bidwell , No. CA-97-232-PJM (D. Md. Feb. 10, 1997). We dismiss as moot Appellant's motion to expedite and dispense with oral argument because the facts and legal contentions are adequately presented inthe materials before the court and argument would not aid the decisional process.

AFFIRMED
**EXHIBIT
      32.1**














**Certification
      of Chief Executive Officer of ULURU Inc.**


**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 ULURU Inc. (the “Company”) on Form
      10-QSB for the period ended June 30, 2007, as filed with the Securities and
      Exchange Commission and to which this Certification is an exhibit (the
“Report”), the undersigned officer of ULURU INC. does hereby certify, pursuant
      to Section 1350 of Chapter 63 of Title 18 of the United States Code
      (18 U.S.C. 1350), that to 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.





A
      signed
      original of this written statement required by Section 906 or other document
      authenticating, acknowledging or otherwise adopting the signature that appears
      in typed form within the electronic version of this written statement required
      by Section 906 has been provided to the Company and will be retained by the
      Company and furnished to the Securities and Exchange Commission or its staff
      upon request.








Date:
                August 10, 2007
            
            /s/
                Kerry P. GrayKerry
                P. GrayPresident
                and Chief Executive Officer(Principal
                Executive Officer)
No. 09-8924.

#### Emilio Correa-Alicea, Petitioner v. United States.

559 U.S. 1018, 130 S. Ct. 1909,

176 L. Ed. 2d 384,

2010 U.S. LEXIS 2510.

March 22, 2010.

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

Same case below, 585 F.3d 484.
11 December 2019 *********************

NSN: 8970-01-683-4579 (CHPD) * MONOGRAPH M71A

 *********************

1

Item: Chocolate hazelnut protein drink powder (Flavor II)

Document: PCR-C-082B, Chocolate Protein Drink Powder, Packaged in a Flexible Pouch, Shelf 

Stable

Approximate Caloric Value Per Serving: 300 Component Classification: Primary

Estimated Shelf Life: 36 months at 80°F

Item Characteristics

Appearance:

Powdered product: Uniform blend of dry homogenous ingredients with a medium to 

dark brown color with no discernable lumps (see Special Notes).

Hydrated product: Uniform medium to dark brown color with no discernable lumps.

Odor: Powdered product: Moderate hazelnut, semi-sweet chocolate and sweet dairy.

Hydrated product: Hazelnut, semi-sweet chocolate and slightly sweet dairy.

Flavor: Hydrated product: Moderate hazelnut, semi-sweet chocolate and slightly sweet dairy.

Texture:

Powdered product: Free flowing with no discernable lumps (see Special Notes).

Hydrated product: Smooth, creamy with a slightly thick consistency with no 

discernable lumps or chalkiness.

Possible Deteriorative Changes 

Appearance:

Powdered product: Caking, lumpiness, dark specks, darkened areas (see Special 

Notes).

Hydrated product: Darkening, browning.

Odor:

Powdered product: Moderate loss of hazelnut, chocolate and sweet dairy odor, 

scorched, oxidized, rancid, non-typical odor.

Hydrated product: Moderate loss of hazelnut, semi-sweet chocolate and slightly sweet 

dairy odor, scorched, oxidized, rancid, non-typical odor.

Flavor: Hydrated product: Moderate loss of hazelnut, semi-sweet chocolate and slightly sweet 

dairy flavor, scorched, oxidized, rancid, non-typical flavor.

Texture:

Powdered product: Caked, lumpy (see Special Notes).

Hydrated product: Not smooth, not creamy, not slightly thick or has discernable lumps, 

chalkiness or sedimentation.
11 December 2019 *********************

NSN: 8970-01-683-4579 (CHPD) * MONOGRAPH M71A

 *********************

2

Unique Examination/Test Procedures

Initial examination should be done in the dry state; final examination and evaluation should be done 

after hydration following package instructions. Even if product is caked, it should be reconstituted to 

determine the report for future reference.

Special Notes

Product may contain small lumps that are of no concern provided they break or fall apart under light 

pressure.
### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 11-50323 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee

v. CHARLES LEWIS MITCHELL, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 5:09-CR-204-1

Before WIENER, STEWART, and HAYNES, Circuit Judges. PER CURIAM: * Defendant-Appellant Charles Lewis Mitchell pleaded guilty to receipt of child pornography and two counts of possession of child pornography, reserving the right to appeal the district court’s denial of his motion to suppress evidence. He contends that (1) the g o vernment improperly used warrantless administrative summonses to identify him and his alleged actions; (2) the Tariff Act and the Patriot Act, which the government relied o n , d o n ot authorize the

use of such summonse s i n criminal investigations; and (3) without the U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D March 26 , 20 12 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR

. R. 47.5 , the cour t has d ete rm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5 T H C IR

. R. 47.5 .4. Case: 11-50323 Document: 00511800155 Page: 1 Date Filed: 03/26/2012No. 11-50323

information thus obtained, t h e r e w a s n o t p robable cause sufficient to support the government’s application for a warrant to search his residence. T h e go v e r n m e n t c o u nt e r s t h at , e v e n i f the administrative s u m m o n s e s w e r e not used properly, the good faith exception to the exclusionary rule is applicable,

as the district court held. In his appellate brief, Mitchell does not assert that the district court erred in determining alternatively that the good faith exception to exclusionary rule applied. By failing to brief any challenge to the district court’s alternative holding that the good faith exception a p p l i es, Mitchell abandoned that contention. See United States v. Thibodeaux , 211 F.3 d 9 1 0 , 9 1 2 (5th Cir. 2000).AFFIRMED.

2 Case: 11-50323 Document: 00511800155 Page: 2 Date Filed: 03/26/2012
EXHIBIT 31.2

                                 CERTIFICATIONS

      I, Massimiliano Pozzoni , certify that:

(1) I have reviewed this quarterly report on Form 10-QSB of Falcon Natural Gas
Corp.

(2) Based on my knowledge, this quarterly 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 quarterly
report;

(3) Based on my knowledge, the financial statements, and other financial
information included in this quarterly 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 quarterly report;

(4) The registrant's other certifying officers 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 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 quarterly report is being prepared;

(b) 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; and

(c) Disclosed in this report any change in the registrant's internal control
over financial reporting that occurred during the period covered by this
quarterly report that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

(5) The registrant's other certifying officers 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
(or persons performing the equivalent functions):

(a) All significant deficiencies and material weakness 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; and

(b) 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.


Date: November 17, 2006                      /s/ Massimiliano Pozzoni
                                             -----------------------------------
                                             Massimiliano Pozzoni
                                             Title: Principal Financial Officer
# C_2017284EN.01000202.xml

| 29.8.2017 | EN | Official Journal of the European Union | C 284/2 |
| --- | --- | --- | --- |

29.8.2017

EN

Official Journal of the European Union

C 284/2

---

Non-opposition to a notified concentration

(Case M.8545 — Bain Capital Investors/Reiff tyre)

(Text with EEA relevance)

(2017/C 284/04)

On 18 August 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8545. EUR-Lex is the on-line access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8545. EUR-Lex is the on-line access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6581

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. CORNELL AUGUSTUS MCKENZIE, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (1:91-cr-00429-1; 1:08-cv-01350)

Submitted: August 20, 2009 Decided: August 26, 2009

Before WILKINSON and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Cornell Augustus McKenzie, Appellant Pro Se. Jeffrey L. Shih, Special Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Cornell Augustus McKenzie seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district

court is likewise debatable. Miller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000);

Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that McKenzie has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
```
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 amended Annual Report of Cryocon, Inc. (the "Company") on
Form 10-K(SB) for the period ending March 31, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, J. Brian Morrison,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350,
as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best
of my knowledge and belief:

(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/J. Brian Morrison
Chief Executive Officer

Date January 9, 2003
```