alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**CERTIFICATION      OF**

**CHIEF      EXECUTIVE OFFICER AND**

**CHIEF      FINANCIAL OFFICER**

**PURSUANT      TO 18 U.S.C. SECTION 1350**

| 1.     | Such                Quarterly Report on Form 10-QSB for the period ended September 30,                2006,                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 such Quarterly Report on Form 10-QSB for                the                period ended September 30, 2006, fairly presents, in all material                respects, the financial condition and results of operations of China                Yingxia International, Inc. |
|   |                                                                                                                                                                                                                                                                                                                    |

|                                                     | **CHINA                        YINGXIA INTERNATIONAL, INC.** |                                            |
|----------------------------------------------------------|--------------------------------------------------------------|-------------------------------------------------|
|                                                     |                                                         |                                            |   |
| Date: December                        12, 2007 | By:                                                          | /s/ *Yingxia                      Jiao*    |   |
|                                                     |                                                         | Yingxia                        Jiao             |   |
|                                                     |                                                         | Chief                        Executive Officer, |   |
|                                                     |                                                         | Chief                        Financial Officer  |   |
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UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17
- 6749

MONTAVIUS ANTOINE JOHNSON , Petitioner

- Appellant ,

v. DAVID MITCHELL , Respondent

- Appellee

.

Appeal from the United States District Court for the Western District of North Carolina , at Charlotte

. Frank D. Whitney , Chief District Judge. ( 3:16

- cv
- 00003

- FDW )

Submitted : November 21, 2017 Decided: November 30 , 2017

Before SHEDD, DUNCAN, and AGEE , Circuit Judges.

Dismissed by un published per curiam opinion

.
Montavius Antoine Johnson, Appellant Pro Se. Clarence Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Montavius Ant oine Johnson seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2254 (2012) petition as untimely filed

. 0F ∗ The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A) (2012). 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) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demo nstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v.
Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district c ourt denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85.
We have independently reviewed the record and conclude that Johnson 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

∗ This appeal follows our remand to the district court for consideration of Johnson’s claims that his petition was timely pursuant to 28 U.S.C. § 2244(d)(1)(C), (D) (2012). See Johnson v. Mitchell , 685 F. App’x 214 (4th Cir. 2017) (No. 16

- 7216). On remand , the district court thoroughly analyzed the se arguments, and Johnson’s appeal is now properly before this c ourt.3 are adequat ely presented in the materials before this court and argument would not aid the decisional process.
DISMISSED
EXHIBIT 31.2

     CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002


        I, James D. Kruger, certify that:

        1. I have reviewed this annual report on Form 10-K of Nelnet Education
Loan Funding, Inc. (the "Company");

        2. Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this 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 Company as of,
and for, the periods presented in this report;

        4. The Company'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 Company 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 Company is made known to us by
others, particularly during the period in which the report is being prepared;

             (b) Evaluated the effectiveness of the Company'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 Company's
most recent fiscal quarter (the Company's fourth fiscal quarter in the case of
an annual report) that has materially affected, or is reasonably likely to
materially affect, the Company's internal control over financial reporting; and

        5. The Company's other certifying officer and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
Company's auditors and the audit committee of the Company'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 Company'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:  March 31, 2005           /s/ James D. Kruger
                                    ---------------------------------------
                                    James D. Kruger
                                    Secretary and Treasurer
                                    (Principal Financial and Accounting Officer)
Shane RICHARDS, Appellant, v. STATE of Florida, Appellee.

No. 4D18-0640

District Court of Appeal of Florida, Fourth District.

[May 16, 2018]

Shane Richards, Raiford, pro se.

No appearance required for appellee.

Per Curiam.

*Affirmed* . *See**Carter v. State* , 127 So.3d 572, 574 (Fla. 4th DCA 2012) ; *Martell v. State* , 676 So.2d 1030, 1031 (Fla. 3d DCA 1996).

Conner, Forst and Klingensmith, JJ., concur.
Nicole Renee HENDERSON, Appellant, v. STATE of Florida, Appellee.

No. 1D18-1208

District Court of Appeal of Florida, First District.

September 24, 2018 Rehearing Denied November 15, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Ricardo MORALES, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),

CASE NO.: 3D18-0463

District Court of Appeal of Florida, Third District.

MARCH 27, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 1**  **0 -**  **60 0**  **9**

RAYMON I. DOBBINS ,
P etitioner

– Appell ant ,

v. KUMA DEBOO, Warden , Respon d e nt

– Appell ee .

Appeal from the United States District Court for the Nor t h ern Dist rict of West Virginia , at Elkins

. Robert E. Maxwell , Senior District Judge. ( 2 : 0 9

- cv - 00 0 64

- REM )

Submitted : January 20 , 2011 Decided: February 15 , 2011

Before WILKINSON and K EENAN , Circuit Judges , and HAMILTON, Senior Circuit Judge

.

Affirme d by un published per curiam opinion

.
Raymon I. Dobbins , Appellant Pro Se

. Alan McGonigal, Assistant United States Attorney, Wheeling, West Virginia , for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Raymon I. Do bbins , a federal prisoner, appeals the
district court ’ s order accepting the recommendation of the magistrate judge and denyin g relief on his 28 U.S.C. A. § 2241 (West 2006 & Supp. 2010) petition. We have reviewed the record
and find no reversible error. A ccordingly, we affirm for the reasons stated by the district court. Dobbins v. Deboo , No.
2:09

- cv - 00064

- REM (N.D. W. Va. Oct. 28, 2009) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials befo re the court and argument would not aid the decisional process.

AFFIRMED
Exhibit 10.23


                               Delta Mutual, Inc.
                                Convertible Note

                                   Term Sheet


Issuer:                    Delta Mutual, Inc. (the "Company")

Note Holder:               Neil Berman (the "Holder")

Principal amount:          $157,000 as further defined below.

Interest rate:             Four (4) percent annual rate,  which shall accrue and
                           be paid as indicated below.

Term:                      Thirty (30) months from July 1, 2004.

Prepayment:                Issuer  may,  at any  time,  prepay  the  outstanding
                           principal and accrued interest,  in whole or in part,
                           without penalty,  by providing 30-days written notice
                           to the Holder.  Prior to the prepayment date,  Holder
                           may exercise its  conversion  rights,  subject to the
                           90-day limitation  indicated below.  Issuer will have
                           no  prepayment  rights  until six months from July 1,
                           2004.

Conversion:                The outstanding  principal and accrued interest shall
                           automatically   be  converted   into  shares  of  the
                           Company's common stock at the end of the Term, at the
                           rate of $0.05 per share.

                           After 90 days,  the Holder may convert the  principal
                           amount  and  accrued  interest,  in whole or in part,
                           into  shares of common  stock of the  Company  at the
                           rate of $0.05 per share.

Registration Rights:       Any shares of the Holders  common  stock  issued upon
                           the  conversion of principal and interest  shall have
                           "piggy back" registration  rights on any registration
                           of the Company's  securities except for registrations
                           on Form S-8.

Other:                     The  principal  amount  includes  $57,000  previously
                           contributed by Holder on the dates and in the amounts
                           indicated on the Company's books and records.

                           This  Term  Sheet  represents  the  agreement  of the
                           parties to the terms of a proposed  Convertible Note.
                           The parties agree that their obligations shall become
                           binding  upon  the  execution  of  definitive   legal
                           documents  executed by the parties in accordance with
                           this Term sheet.


Delta Mutual, Inc. (the Company)                Neil Berman (the Holder)


By:  /S/ Peter F. Russo                        By: /S/ Neil Berman
     ---------------------                          -------------------------
     Peter F. Russo
     President & CEO

Date: 7/14/04                                   Date: 7/1/04
Torrance Navel CLARK, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-1235

District Court of Appeal of Florida, Fifth District.

Decision filed October 2, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Exhibit 32.2

STATEMENT PURSUANT TO 18 U.S.C. §1350, AS ADOPTED

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

Pursuant to 18 U.S.C. §1350, the undersigned certifies that this Quarterly Report on Form 10-Q
for the period ended September 30, 2008 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in this report fairly presents, in all material respects, the
financial condition and results of operations of Infinity Pharmaceuticals, Inc.



|                        |  |                                                                 
|----------------------- |  | ----------------------------------------------------------------
|Dated: November 5, 2008 |  | /s/ Adelene Q. Perkins                                          
|                        |  | Adelene Q. Perkins                                              
|                        |  | President & Chief Business Officer (Principal financial officer)

A signed original of this written statement required by Section 906 has been provided to
Infinity Pharmaceuticals, Inc. and will be retained by Infinity Pharmaceuticals, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
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AFROCENTRIC BAYITH YAHWEH YAHDAIM AFRICAN HEBREWS, INC. and Ben Yahweh Abiyah-Mosheh, Appellant/Petitioner(s), v. DESOTO CORRECTIONAL INSTITUTION, et al., Appellee/Respondent(s).

CASE NO.: 2D18-3311

District Court of Appeal of Florida, Second District.

October 17, 2018

BY ORDER OF THE COURT:

This appeal is dismissed because of the appellants' failure to satisfy this court's August 20, 2018 fee order.

KHOUZAM, ROTHSTEIN-YOUAKIM, and ATKINSON, JJ., Concur.
Lauri BURRIS, Gregory F. Burris, Douglas O. Rowe, Ronald E. Brown, Jr., Jacob Chapman, and Melissa Burris, Petitioners, v. STATE of Florida, Respondent.

No. 1D17-4536

District Court of Appeal of Florida, First District.

November 6, 2018

Mitchell A. Stone, Jacksonville Beach, H. Franklin Robbins, Jr., Orlando, and Steven G. Mason, Altamonte Springs, for Petitioners.

Pamela Jo Bondi, Attorney General, and Sharon S. Traxler, Assistant Attorney General, Tallahassee, for Respondent.

ON MOTION FOR CLARIFICATION

Per Curiam.

We grant the motion for clarification. Our prior opinion is withdrawn and the following opinion is substituted in its place:

The petition for writ of prohibition is denied. As to the application of chapter 499, Florida Statutes (2015), Petitioners have not shown that the trial court is attempting to act in excess of its jurisdiction. *See**Scott v. Francati* , 214 So.3d 742, 748 (Fla. 1st DCA 2017) (noting that "[p]rohibition is an extraordinary writ by which a superior court may prevent an inferior court ... from acting outside its jurisdiction" (quoting *Mandico v. Taos Const., Inc.* , 605 So.2d 850, 853 (Fla. 1992) ) ). Going forward in the trial court, it will be the State's burden to prove its charges that the substances allegedly misbranded by the Petitioners were drugs for purposes of chapter 499. *See* § 499.003(18), Fla. Stat. (2015) (defining a "drug" as that term is used in Part I of the Florida Drug and Cosmetic Act).

Wolf, Osterhaus, and Winsor, JJ., concur.
#### YELLOW CAB CO. OF DISTRICT OF COLUMBIA, Inc. v. ANDRICH.

No. 11521.

United States Court of Appeals District of Columbia Circuit.

Argued March 13, 1953.

Decided March 26, 1953.

Mr. Albert F. Adams, Washington, D. C., with whom Messrs. Sumner M. Redstone and Daniel J. Freed, Washington, D. C., were on the brief, for appellant.

Mr. David F. Smith, Washington, D. C., with whom Mr. Dorsey K. Offutt, Washington, D. C., was on the brief, for appellee.

Before EDGERTON, BAZELON and FAHY, Circuit Judges,

PER CURIAM.

The appellee, plaintiff in the court below, sued appellant for injuries resulting from the collision of a taxicab with his person. The case went to the jury and resulted in a verdict in favor of appellee. The only question we are called upon to review on appeal is whether it was error for the court to instruct the jury on the doctrine of the last clear chance. Appellant objected that the evidence did not afford basis for such an instruction. We have considered the evidence and conclude that it made out a case for the jury.

Affirmed.
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