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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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. 97-20300 Summary Calendar

LESLIE WILLIAM MORGAN, Plaintiff-Appellant,

versus MICHAEL COKER ET AL., Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas

USDC No. H-96-CV-203

- - - - - - - - - - August 13, 1998 Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PER CURIAM: * Leslie William Morgan, Texas prisoner # 677163, appeals the district court’s dismissal as frivolous his claims of malpractice
and conspiracy against his counsel and subsequent grant of summary judgment in favor of the remaining defendants in his civil rights
action under 42 U.S.C. § 1983. Morgan’s claims against all of the
defendants, inclu ding his counsel, are frivolous under H eck v. Humphrey , 512 U.S. 477 (1994). A judgment in favor of Morgan on
his § 1983 claim would necessarily imply the invalidity of his
second conviction. S ee Hudson v. Hughes , 98 F.3d 868, 872-73 (5thNo. 97-20300 -2-
Cir . 1996); H amilton v. Lyons , 74 F.3d 99, 103 (5th Cir. 1996);
Wells v. Bonner , 45 F.3d 90, 95 (5th Cir. 1995). Because Morgan
has not demonstrated that his second conviction h as been invalidated, his claims against the defendants are not cognizable in a § 1983 action. Heck , 512 U.S. at 486-87.
Morgan’s app eal is without arguable merit and is frivolous.

See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). Because
the appeal is frivolous, it is DISMISSED. S ee 5th Ci r. R. 42.2. All outstanding motions of both parties are DENIED. Additionally, Morgan is warned that future frivolous appeals
will invite the imposition of sanctions. Morgan should review any pending appeals to ensure that they do not raise fr ivolous
arguments.
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Exhibit 32.1

SECTION 906 CERTIFICATION

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 Emergency Filtration Products, Inc.
(the "Company") on Form 10-KSB for the year ending December 31, 2003, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Douglas K. Beplate, Principal 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, 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/ Douglas K. Beplate
Douglas K. Beplate, Principal Executive Officer

Date: March 26, 2004


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 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.
exh10b1_lviii.htm






SCHEDULE TO FORM OF AGREEMENT ENTERED INTO


WITH CERTAIN EXECUTIVE OFFICERS







The Company has entered into Agreements ("Change in Control Agreements") with the following executive officers1:


 



	
Executive Officer

	 	
Date Agreement Executed

	 	 
	
Christopher J. Benjamin

	 	
March 1, 2010

	 	 
	
Norbert M. Buelsing

	 	
March 1, 2010

	 	 
	
Meredith J. Ching

	 	
March 1, 2010

	 	 
	
Nelson N. S. Chun

	 	
March 1, 2010

	 	 
	
Matthew J. Cox

	 	
March 1, 2010

	 	 
	
Stanley M. Kuriyama

	 	
March 1, 2010

	 	 
	
Joel M. Wine

	 	
September 1, 2011

	 	 





 


_________________________


1 This is a listing of those executive officers with Change in Control Agreements; it is not a complete list of the executive officers of Alexander & Baldwin, Inc.
Exhibit 32.2

Statement of Chief Financial Officer

Pursuant to Section 1350 of Title 18 of the United States Code

Pursuant to Section 1350 of Title 18 of the United States Code as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, the undersigned, James D. Brown, the Chief Financial Officer of NutriSystem, Inc. (the Company), hereby certifies that based on the undersigneds knowledge:



| | 1) | The Companys Form 10-Q Quarterly Report for the period ended March 31, 2006 (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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |                                                                           
|------------------ |  | --------------------------------------------------------------------------
|Dated: May 8, 2006 |  | /S/ JAMES D. BROWN                                                        
|                   |  | Executive Vice President, Chief Financial Officer, Secretary and Treasurer
|                   |  | (Principal Financial Officer)
# L_2004249EN.01000401.xml

| 23.7.2004 | EN | Official Journal of the European Union | L 249/4 |
| --- | --- | --- | --- |

23.7.2004

EN

Official Journal of the European Union

L 249/4

---

COMMISSION REGULATION (EC) No 1339/2004

of 22 July 2004

amending Regulation (EC) No 214/2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed-milk powder

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,

Whereas:

| (1) | Article 21 of Commission Regulation (EC) No 214/2001 (2) limited the quantity of skimmed-milk powder put up for sale by the Member States' intervention agencies to that taken into storage before 1 July 2002. |
| --- | --- |

(1)

Article 21 of Commission Regulation (EC) No 214/2001 (2) limited the quantity of skimmed-milk powder put up for sale by the Member States' intervention agencies to that taken into storage before 1 July 2002.

| (2) | In view of the quantity still available and the market situation, that date should be amended to 1 October 2002. |
| --- | --- |

(2)

In view of the quantity still available and the market situation, that date should be amended to 1 October 2002.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 21 of Regulation (EC) No 214/2001, ‘1 July 2002’ shall be replaced by ‘1 October 2002’.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 July 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

1

(2)  
  OJ L 37, 7.2.2001, p. 100. Regulation as last amended by Regulation (EC) No 1319/2004 (OJ L 245, 17.7.2004, p. 11).

2

---
**EXHIBIT 31.1****CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER**I, D. Michael Kramer, certify that:1. I have reviewed this quarterly report on Form 10-QSB of Ohio Legacy Corp;2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the small business issuer as of, and for, the periods presentedin this report;4. I am responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange ActRules 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 controlsand procedures to be designed under my supervision, to ensure that material informationrelating to the small business issuer, including its consolidated subsidiaries, is madeknown to me by others within those entities, particularly during the period in which thisreport is being prepared;  (b) Evaluated the effectiveness of the small business issuer’s disclosure controls andprocedures and presented in this report my conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  (c) Disclosed in this report any change in the small business issuer’s internal controlover financial reporting that occurred during the small business issuer’s most recentfiscal quarter (the small business issuer’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonably likely to materially affect, thesmall business issuer’s internal control over financial reporting; and5. I have disclosed, based on mymost recent evaluation of internal control over financial reporting, to the small businessissuer’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 ofinternal control over financial reporting which are reasonably likely to adversely affectthe small business issuer’s ability to record, process, summarize and report financialinformation; and  (b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the small business issuer’s internal control over financialreporting.Date: November 14, 2006          By: /s/ D. Michael Kramer         D. Michael Kramer    President, Chief Executive Officer, Director and acting Chief Financial Officer
## Breadcrumb

-  Publications 
-  Articles 

#           Long-term biocrust responses to wildfires in Washington, USA      

      November 29, 2023    

### Premise

Dryland ecosystems in the western United States are affected by invasive species, wildfires, livestock grazing, and climate change in ways that are difficult to distinguish. Biocrusts perform important ecological roles in these systems and are sensitive to all of these pressures.

### Methods

We revisited a Washington, USA, site sampled for biocrusts in 1999 to focus on effects of exotic annual grass invasion and wildfires in the absence of livestock grazing. We examined changes between 1999 and 2020 using a Bayesian directed acyclic graph (DAG) to interpret direct and indirect causal impacts of wildfire on perennial bunchgrasses, exotic annual grasses, and biocrusts.

### Results

Between 1999 and 2020, exotic annual grass cover increased in all plots and in unburned plots by 16% and 18%, respectively, bunchgrass cover decreased by 21% and 25%, and biocrust cover decreased by 8.9% and 9.8%. Our DAG suggested that decreases in bunchgrass increased exotic annual grass, which reduced biocrust cover. Wildfires did not directly influence changes in bunchgrass, exotic annual grass, or biocrust cover. Areas dominated by exotic annual grass had less abundant and diverse biocrusts than areas with less exotic annual grass.

### Conclusions

Biocrust community changes were more strongly related to increasing exotic annual grasses than to wildfires. Changes may relate to other soil disturbances or broad-scale changes in climate or air quality. The minimal influence of wildfire on exotic annual grass and biocrusts suggests that apparent negative impacts of wildfire at other sites may be due to exacerbation by livestock grazing or other surface disturbance.

## Citation Information

## Related Content

                  -              Connect           

#### David A Pyke

##### Scientist Emeritus

Forest and Rangeland Ecosystem Science Center

david_a_pyke@usgs.gov

541-750-0989

## Related Content

#### David A Pyke

##### Scientist Emeritus

Forest and Rangeland Ecosystem Science Center

david_a_pyke@usgs.gov

541-750-0989

### Contact

####               Forest and Rangeland Ecosystem Science Center (FRESC) Headquarters          

777 NW 9th StSuite 400Corvallis, OR97330United States

fresc_outreach@usgs.gov

541-750-1030

541-750-1069
**Exhibit 10.12**

 

**DESCRIPTION OF COMPENSATION ARRANGEMENT FOR NON-EMPLOYEE DIRECTORS**

 

Non-employee directors of Quest Software, Inc. receive an annual retainer of$25,000 for serving on the board of directors, and are reimbursed for reasonable expenses incurred by them in attending board and committee meetings. In addition, the chairman of our Audit Committee receives an additional $10,000 annual fee, ourAudit Committee Financial Expert receives an additional $15,000 annual fee, and other members of the Audit Committee receive an additional $5,000 annual fee. The chairman of our Compensation Committee receives an additional $5,000 annual fee, andeach other member of the Compensation Committee receives an additional $2,500 annual fee. 

 

Non-employee directors are permitted to elect to receive the annual board and committee fees described above in the form of stock options, in lieu of cash, pursuant to the director fee option grant program in our 1999Stock Incentive Plan. Non-employee board members who have served on the board since the date of the prior year’s annual meeting of shareholders, also receive option grants pursuant to the provisions of the automatic option grant program underour 1999 Stock Incentive Plan.
EXHIBIT 31.2

     CERTIFICATIONS OF CFO PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT

                                 CERTIFICATIONS

I, Steve Careaga, certify that:

1. I have reviewed this annual report on Form 10-KSB of Reality Wireless
Networks, Inc. ("registrant");

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 registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officer 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 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 (the registrant's fourth fiscal quarter in the case of an annual 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 officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's Independent Registered Public Accounting Firm and the audit
committee of registrant'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 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.

February 17, 2005

/s/ Steve Careaga
------------------
Steve Careaga
Principal Financial Officer
**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 SaVi Media Group, Inc. (the “Company”)
      on Form 10-QSB for the period ending March 31, 2007 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Phillip C. Scott,
      Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 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 and 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.





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





Date:
                May 19, 2007
            By:*/s/
                PHILLIP C. SCOTT*Phillip
                C. ScottChief
                Financial Officer
##### 



Exhibit 23.1

KYLE L. TINGLE, CPA

|                        |  |             
|----------------------- |  | ------------
|To Whom It May Concern: |  | May 22, 2002

The firm of Kyle L. Tingle, CPA, LLC consents to the inclusion of his report of
May 22, 2002 accompanying the audited financial statements of Flickering Star
Financial, Inc., as of March 31, 2002 and December 31, 2001, in the Form 10QSB
with the U.S. Securities and Exchange Commission.

|                         |  |               
|------------------------ |  | --------------
|Very truly yours,       
|                        
|/s/                      |  | Kyle L. Tingle
|                        
|Kyle L. Tingle, CPA, LLC

P.O. Box 50141, Henderson, Nevada 89016, Phone: (702) 434-8452, Fax: (702)
436-4218, e-mail: Ktingle@worldnet.att.

15
## NO. 12

- 14

- 00313

- CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE:

JAMAL TERRELL BOWENS ,
RELATOR §
§
§ ORIGINAL PROCEEDING

MEMORANDUM OPINION PER CURIAM Relator seeks a writ of mandamus compelling the trial court to rule on his motion for a free copy of the record and his motion to convene a court of inquiry and require the trial judge to recuse himself from presiding over that proceeding

. 1 “Those seeking the extraordinary remedy of mandamus must follow the appli cable procedural rules. Chief among these is the critical obligation to provide the reviewing court with a complete and adequate record.” In re Le , 335 S.W.3d 808, 813 (Tex. App.

– Houston [14th Dist.] 2011, orig. proceeding). Here , we have notified Relat or of various defects in his mandamus petition, including his failure to file either an appendix or a record. See T EX

. R. A PP

. P. 52.3(k), 52.7(a). Without an appendix or a record, we are unable to determine that Relator is
entitled to mandamus relief. Accordingly, we deny Relator’s petition for writ of mandamus. Opinion delivered November 5, 2014. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

( PUBLISH )

1 The respondent is the Honorable Dwight L. Phifer, Judge of the 2nd Judicial District Court, Cherokee County.

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

NOVEM BER 5 , 2014

NO. 12

- 14

- 00313

- CV

JAMAL TERRELL BOWENS ,

Relator V. HON. DWIGHT L. PHIFE R , Respondent

Appeal from the 2nd District Court of Cherokee County, Texas (Tr.Ct.No. J

- 03

- 088) ON THIS DAY came to be heard the petition for writ of mandamus filed
b y JAMAL TERRELL BOWENS , who is the relator in Cause No.J

- 03

- 088, pending on the docket of the 2nd Judicial District Court of Cherokee County, Texas. Said petition for writ of mandamus having been filed herein on October 30, 2014, and the same having been duly considered, because it is the opinion of this Court that a writ of mandamus should not issue, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby D ENIED

.

By per curiam opinion

. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle , J

.
EXHIBIT 31.1

 

I, Frank R. Erhartic, Jr., certify that:

 

 

Date: November 16, 2015

/s/ Frank R. Erhartic, Jr. 

Frank R. Erhartic, Jr.                                                                       

President and Chief Executive Officer