alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Bank of New York, Respondent, v Jamshid Sheik, Appellant, et al., Defendants. Louis A. Tallarini, Nonparty-Respondent.

[719 NYS2d 259]

In an action to foreclose a mortgage, the defendant Jamshid Sheik appeals from an order of the Supreme Court, Westchester County (Colabella, J.),' entered April 4, 2000, which denied his motion to set aside the foreclosure sale.

Ordered that the order is affirmed, with costs.

*441The Supreme Court properly denied the appellant’s motion to set aside the foreclosure sale. A court may exercise its equitable powers to set aside a judicial sale only where fraud, collusion, mistake, or overreaching casts suspicion on the fairness of the sale *(see, Guardian Loan Co. v Early,*47 NY2d 515; *Crossland Mtge. Corp. v Frankel,*192 AD2d 571). The appellant failed to demonstrate the presence of any of these elements. Moreover, the sale price does not provide a basis to set aside the sale since it was not so inadequate as to shock the conscience of the court *(see, Guardian Loan Co. v Early, supra; Crossland Mtge. Corp. v Frankel, supra).*S. Miller, J. P., McGinity, Luciano and Smith, JJ., concur.
The HONORABLE WILLIAM BREVARD HAND, United States Distric t * Judge for the Southern District of Alabama, sitting by designation.



## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 97-4203

___________ Jeff Winters, * * Plaintiff - Appellant, * * Appeal from the United States v. * District Court for the * Northern District of Iowa. Assistant Warden John Sissel, et al. , * * [PUBLISHED] Defendants - Appellees. *

___________ Submitted: November 20, 1998 Filed: January 25, 1999

___________ Before BOWMAN, Chief Judge, LOKEN, Circuit Judge, and HAND, District Judge. *

___________ PER CURIAM. Section 80 3(d) of the Prison Litigation Reform Act, 42 U.S.C. § 1997e(d ) (“PLRA”), imposes limits on the hourly rate at which attorneys’ fees may be awarded to inmates who prevail in actions brought under 42 U.S.C. § 1983. Iowa inmate Jeff Winters commenced this § 1983 action before passage of the PLRA in April 1996
. Judgment was entered i n his favor in April 1997, and Winters applied for an award ofThe HONORABLE JOHN A. JARVEY, United States Magistrate Judge for the 1 Northern District of Iowa. -2- attorneys’ fees. He now appeals the district court’s fee award order and judgment , 1 arguing the court erred in limiting the award for fees incurred after the effective date of the PLRA to the rates specified in that statute. This contention is foreclosed by our decision in Williams v. Brimeyer , 122 F.3d 1093, 1094 (8th Cir. 1997), in which we held that the PLRA “applies to all hour s worked in this case after the dateof the passage of the Act.” Williams established the law in this circuit , and we must follow it. Other circuits have adopted differing views o n this question. In Inmates of D.C. Jail v. Jackson , 158 F.3d 1357, 1360 (D.C. Cir. 1998), the court followed our decision in Williams . On the other hand, Madrid v
. Gomez , 1 50 F.3d 1030, 1035 (9th Cir. 1998), and Alexander S. v. Boyd , 113 F.3 d 13 73, 1386 (4th Cir. 1997), held that the PLRA limits all fees awarded after the date of enactment, whether incurred before or after that date. And on the other extreme, Hadix v. Johnson , 143 F.3d 246, 255-56 (6th Cir. 1998), held that the PLRA does not apply to anyfees awarded in § 1983 actions that were initially commenced before the statute’s enactment. Fina

lly, Blissett v. Casey , 147 F.3d 218 (2d Cir. 1998), held that the PLRA does not apply to fee s incurred pre-enactment but awarded post-enactment, but the court did not address the question of fees incurred post-enactment. Winters further argues that the PLRA as construed i n Williams violates inmates’ funda mentalright to access the courts. We conclude this contention was expressl y rejected in Williamswhen we held “that the PLRA, as applied in this manner, is within the p ower of Congress.” 122 F.3d at 1094. In any event, the contention is withou t merit. See Madrid , 150 F.3d at 1040-42. The judgment of the district court is affirmed.-3-

A true copy. Attest: CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
Donnie R. FLOYD, Appellant, v. STATE of Florida, Appellee.

Case No. 2D15-5629

District Court of Appeal of Florida, Second District.

Opinion filed March 17, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Kavin RACHEL, Appellant, v. STATE of Missouri, Respondent.

No. ED 106679

Missouri Court of Appeals, Eastern District, DIVISION THREE.

Filed: June 25, 2019

FOR APPELLANT: N. Scott Rosenblum, Jessica Hathaway, 120 South Central Avenue, Suite 130, Clayton, Missouri 63105.

FOR RESPONDENT: Evan J. Buchheim, Eric Schmitt, P.O. Box 899, Jefferson City, Missouri 65102.

Before Sherri B. Sullivan, P.J., James M. Dowd, J., and Robin Ransom, J.

*ORDER*

PER CURIAM

Kavin D. Rachel appeals the denial following an evidentiary hearing of his Rule 29.15 motion for post-conviction relief. We affirm.

An extended opinion would have no precedential value. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order pursuant to Rule 84.16(b).
CERTIFICATIONS PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002





I, Winnie Wong, Chief Financial Officer of Avrupa Minerals Ltd. (the Company) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.

This Annual Report on Form 20-F of the Company for the period ended December 31, 2015, as filed with the Securities and Exchange Commission (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.







Date: May 17, 2016







/s/  Winnie Wong

Winnie Wong,

Chief Financial Officer
EXHIBIT 31.1

                       CERTIFICATION PURSUANT TO SECTION
                         302 OF THE SARBANES OXLEY ACT

<PAGE>

EXHIBIT 31.1

                       CERTIFICATION PURSUANT TO SECTION
                         302 OF THE SARBANES OXLEY ACT


I, Michael Mak, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Longbow Mining, Inc.;

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-14 and 15d-14) for the registrant and 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 quarterly 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 quarter-
ly report (the "Evaluation Date"); and

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

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, 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 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

<PAGE>

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. The registrant's other certifying officers and I have indicated in this
quarterly report whether there were significant changes in internal controls or
in other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date:  May 24, 2004


/s/ Michael Mak
-----------------------
Michael Mak,
President and a member of
the Board of Directors
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

SMS/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

DALE A. BUSH,

 Petitioner - Appellant,

 v.

JEAN HILL, Superintendent of the Snake

River Correctional Institution,

 Respondent - Appellee.

No. 08-35921

D.C. No. 6:06-cv-00166-ALA

MEMORANDUM *

Appeal from the United States District Court

for the District of Oregon

Ann L. Aiken, Chief District Judge, Presiding

Submitted February 16, 2010** 

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.

FILED

MAR 03 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
SMS/Research 2 08-35921

Dale A. Bush, who is currently serving a two-year term of supervised

release, appeals from the district court’s judgment denying his 28 U.S.C. § 2254

habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Bush contends his Sixth Amendment right to a jury trial under Apprendi v.

New Jersey, 530 U.S. 466 (2000), was violated when the trial court found that his

drug convictions arose from separate criminal episodes and used that fact when

calculating his sentences. Bush has not shown that the state court’s rejection of

this claim was either contrary to, or an unreasonable application of, clearly

established federal law, or that it was based on an unreasonable determination of

the facts in light of the evidence presented. See 28 U.S.C. § 2254(d).

The trial court’s fact finding did not implicate Bush’s Sixth Amendment

rights. See Oregon v. Ice, 129 S. Ct. 711, 717-18 (2009) (holding that Apprendi

and Blakely v. Washington, 542 U.S. 296 (2004) do not apply to findings of fact

necessary for the imposition of consecutive sentences). In addition, even if the

trial court’s recalcuation of Bush’s criminal history score for certain counts

implicated Blakely, that decision does not apply retroactively to Bush’s conviction,

which became final before Blakely was announced. Schardt v. Payne, 414 F.3d

1025, 1038 (9th Cir. 2005).

AFFIRMED.
Exhibit 31


                                  CERTIFICATION

I, Richard Smitten, CEO and CFO, certify that:

1. I have  reviewed  this  quarterly  report  on Form  10-QSB  of  Stock  Market
Solutions, Inc.;

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. I am 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 we 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 is made known to us
by others within the Corporation,  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  registrant's  most
recent fiscal quarter that has materially  affected,  or is reasonably likely to
materially affect, the registrant's  internal control over financial  reporting;
and

5. I have disclosed, based on my 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 function):

      a) all significant  deficiencies and material  weaknesses in the design or
operation of internal  control over  financial  reporting  which are  reasonably
likely  to  adversely  affect  the  registrant's  ability  to  record,  process,
summarize and report financial information; 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.


                              /s/ RICHARD SMITTEN
                              ---------------------------
                              Richard Smitten
                              CEO and CFO

May 9, 2005
DANIEL KARR JOHNSON
, Petitioner,

v.

STATE OF FLORIDA
, Respondent. ___________________________/ IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF F ILED

CASE NO. 1D 15

- 0750

Opinion filed May 27, 2015.

Petition for Belated Appeal

-- Original Jurisdiction

. Daniel Karr Johnson, pro se , Petitioner.
Pamela Jo Bondi, Attorney General, and Kristen Lynn Bonjour, Assistant Attorney General, Tallahass ee , for Respondent.

PER CURIAM.
Petitioner is granted a belated appeal of the December 19, 2014, order denying
defendant’s motion to correct illegal sentence in Clay County Circuit Court case

number 10

- 1981

- CF

- 000291

- AXXX

- MA. Upon issuance of mandate in this cause, a
copy of this opinion shall be provided to the clerk of the circuit court for treatment as
the notice of appeal. Fla. R. App. P. 9.141(c)( 6 )(D).

BENTON, CLARK, and MAKAR, JJ., CONCUR.
----

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 386th meeting on 6 December 2004 concerning a preliminary draft decision in Case COMP/C.37.533 — Choline chloride

(2005/C 180/05)

----
GOOD SHEPHERD HOSPICE, INC., Appellant/Petitioner(s), v. Frank MAURA, Estate of: Francisco J. Maura, Appellee/Respondent(s).

CASE NO.: 2D17-2728

District Court of Appeal of Florida, Second District.

July 11, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Granted. Dismissed.
[No. 21388-9-III.

Division Three.

April 27, 2004.]

#### The State of Washington, *Respondent,*v. Brian Emmanuel Brown, *Appellant.*

Appeal from a judgment of the Superior Court for Stevens County, No. 98-1-00182-2, Rebecca M. Baker, J., entered August 7, 2002. *Dismissed*by unpublished opinion per Sweeney, J., concurred in by Kato, C.J., and Schultheis, J.
STATE of Missouri, Respondent, v. Jimmie L. VERGE, Appellant.

WD 81063

Missouri Court of Appeals, Western District.

ORDER FILED: April 2, 2019 Application for Transfer Denied June 25, 2019

Damien De Loyola, Kansa City, MO, Counsel for Appellant.

Richard Starnes, Jefferson City, MO, Counsel for Respondent.

Before Division One: Cynthia L. Martin, P.J., Thomas H. Newton, and Gary D. Witt, JJ.

**ORDER**

Per Curiam:

*249Mr. Jimmie Verge appeals his conviction following a jury trial in the Jackson County Circuit Court. Mr. Verge was found guilty of two counts of second-degree murder, one count of first-degree robbery, one count of first-degree assault, and four counts of armed criminal action. Mr. Verge was sentenced to concurrent sentences of thirty years on both murder convictions, thirty years for first-degree robbery, twenty-five years for first-degree assault, and forty-five years for all of the armed criminal action convictions. We affirm. Rule 30.25(b).
[Federal Register Volume 74, Number 4 (Wednesday, January 7, 2009)]
[Notices]
[Page 759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-56]


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

DEPARTMENT OF STATE

[Public Notice 6473]


Culturally Significant Objects Imported for Exhibition 
Determinations: ``Endless Forms'': Charles Darwin, Natural Science and 
the Visual Arts

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 
of October 19, 1999, as amended, and Delegation of Authority No. 257 of 
April 15, 2003 [68 FR 19875], I hereby determine that the objects in 
the exhibition: ``Endless Forms'': Charles Darwin, Natural Science and 
the Visual Arts, imported from abroad for temporary exhibition within 
the United States, are of cultural significance. The objects are 
imported pursuant to loan agreements with the foreign owners or 
custodians. I also determine that the exhibition or display of the 
exhibit objects at the Yale Center for British Art, New Haven, CT, from 
on or about February 12, 2009, until on or about May 3, 2009, and at 
possible additional exhibitions or venues yet to be determined, is in 
the national interest. Public Notice of these Determinations is ordered 
to be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: (202-
453-8050)). The address is U.S. Department of State, SA-44, 301 4th 
Street, SW., Room 700, Washington, DC 20547-0001.

    December 30, 2008.
C. Miller Crouch,
Principal Deputy Assistant Secretary for Educational and Cultural 
Affairs, Department of State.
 [FR Doc. E9-56 Filed 1-6-09; 8:45 am]
BILLING CODE 4710-05-P
Exhibit 32.2

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

In
connection with the Annual Report of ETFS Silver Trust (the Trust) on Form
10-K for the period ending December 31, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Greg Burgess,
principal financial officer of ETF Securities USA LLC, the Sponsor of the
Trust, certify, 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 result of operations of the Trust.

|                                           | 
|------------------------------------------ | 
|/s/ Greg
 Burgess                        *
|                                           | 
|Greg
 Burgess**                           
|Chief
 Financial Officer and Treasurer    
|(principal
 financial officer)            

Date:    March
30, 2010

|   |                                                                                                                                                         
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------
|*  | The
 originally executed copy of this Certification will be maintained at the
 Sponsors offices and will be made available for inspection upon request.
|   |                                                                                                                                                         
|** | The
 Registrant is a trust and Mr. Burgess is signing in his capacity as an
 officer of ETF Securities USA LLC, the sponsor of the Trust.               

---
[No. 52625-1-I.

Division One.

May 10, 2004.]

#### The State of Washington, *Respondent,*v. John H. Fleischmann, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 03-1-00560-2, Ronald Kessler, J., entered July 1, 2003. *Affirmed*by unpublished per curiam opinion.
Exhibit 31.1

CERTIFICATION

I, Charles W. Shaver, certify that:



|1. | I have reviewed this Amendment No. 1 to the Annual Report of TPC Group Inc. on Form 10-K/A; and
|-- | -----------------------------------------------------------------------------------------------



|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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |  |  |                                                        
|---------------------- |  |  |  | -------------------------------------------------------
|Date: October 18, 2010 |  |  |  | /s/ Charles W. Shaver                                  
|                       |  |  |  | Charles W. Shaver President
and Chief Executive Officer
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-40314 Summary Calendar

MARIO MORENO, Petitioner-Appellant, versus DALE H. BROWN, Warden, FCI, Beaumont (Low), Respondent-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:97-CV-499

- - - - - - - - - - May 14, 1999 Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges. PER CURIAM: * Mario Moreno, federal prisoner # 60630-079, appeals the district court’s dismissal of his 28 U.S.C. § 2241 petition for a writ of habeas corpus. Moreno’s motion to take judicial notice and to supplement the record is DENIED. Moreno argues that he was entitled to credit on his federal sentence for time served in state jail prior to his delivery to federal authorities and that he should have received an evidentiary hearing in the district court. Because Moreno received credit for the relevant jail time on a Texas stateNo. 98-40314 -2- sentence, he is not entitled to credit on his federal sentence. See 18 U.S.C. § 3585(b) (West 1998); see United States v. Dovalina , 711 F.2d 737, 740 (5th Cir. 1983). Moreno has not demonstrated that he is entitled to an evidentiary hearing on his claims. DENY MOTION TO TAKE JUDICIAL NOTICE AND TO SUPPLEMENT THE RECORD DENIED; AFFIRMED.