alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6686
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SEAN TROY JASPER, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Charles H. Haden II, Chief District Judge. (CR-93-293, CA-96-132-2) Submitted: July 25, 1996 Decided: August 12, 1996 Before LUTTIG and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Sean Troy Jasper, Appellant Pro Se. Rebecca A. Betts, United States Attorney, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order denying his motion filed pursuant to 28 U.S.C. § 2255 (1988), as amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No.104-132, 110 Stat. 1217. We have reviewed the record and the district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss on the reasoning of the district court. United States v. Jasper , Nos. CR-93-293, CA-96- 132-2 (S.D.W. Va. Apr. 12, 1996). We 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.

DISMISSED
CIRCUIT COURT OF THE CITY OF RICHMOND

#### Clarence Burnette v. Timothy Brown

January 22, 2003

Case No. LP-674-4

By Judge Melvin R. Hughes, Jr.

Clarence Burnette brought this lawsuit against defendant Timothy Brown claiming that Brown negligently repaired his automobile. The evidence consisted of the testimony of the parties and documents in the files. Neither party is represented by counsel.

There were multiple problems with Burnette’s vehicle when he brought it to Brown for repair, but Burnette was not satisfied with the repair of the transmission, which was performed on October 21, 1999. Brown stated that there was a six-month warranty on the transmission and Burnette could have brought the vehicle back to him for repair. Plaintiff did bring the vehicle back for several more repairs not related to the transmission, the last one on January 8,2000. David Ferrell, of All Tune & Lube, later serviced the vehicle, and he noticed problems with the transmission. Ferrell provided a written statement to Burnette stating that bolts were left out and others were loose and this caused the transmission problems. The document, in the court’s file, was not formally introduced but referred to by Burnette in his testimony. Ferrell did not appear in court and his statement was neither under oath nor signed by him.

Va. Code § 8.01-416 allows the admissibility of an estimate or appraisal of damage or repair of an automobile by a motor vehicle repairman, but it must be given under oath. In addition, the statue requires that Ferrell swear to the document’s authenticity and that the document be signed by him.

Burnette claims $3,994.75 in damages and has submitted eleven different auto service bills and estimates, which total $9,573.14. These *81documents, though in the file, were not formally moved into evidence. They show problems that are unrelated to the transmission. Brown stated that Burnette has wrecked his vehicle many times and many of the auto repairs were accident related.

As plaintiff, Burnette’s case suffers from a lack of proof that the transmission problems were due to Brown’s lack of workmanship by testimony from an expert witness and by the failure to comply with Va. Code § 8.01-416 on the issues of causation and damages. In addition, the bills present in the file list charges for repair; they do not delineate those that apply to the transmission.

For these reasons, the court will enter judgment for the defendant.
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




Shmaya
Glick, Treasurer, Secretary and Director of Watchtower, Inc. (the “Company”),
certifies, under the standards set forth and solely for the purposes of 18
U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, to his knowledge, the Quarterly Report on Form 10-Q of the Company
for the quarter ended June 30, 2009 fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information
contained in that Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of the Company.




(1) The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and




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




Date:
August 14, 2009


By:
              /s/
      Shmaya GlickName:
              Shmaya
      GlickTitle:
              Treasurer,
      Secretary and Director
                (Principal
      Financial and Accounting
Officer)




A signed
original 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.
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 Urban Barns Foods Inc. (the “Company”) on Form 10-Q for the period ending April 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Jacob Benne, 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:




(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.




IN WITNESS WHEREOF, the undersigned has executed this certification as of the 15thday of June, 2011.





/s/ Jacob Benne




Chief Executive Officer
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Fish and Wildlife Service 

                    On April 3, 2001, a notice was published in the                     **Federal Register**                    , Vol. 66, No. 64, Page 17728, that an application had been filed with the Fish and Wildlife Service by Stanley Arnt, Watervliet, MI, for a permit (PRT-040317) to import one polar bear (                    *Ursus maritimus*) trophy taken from the Lancaster Sound population, Canada for personal use.                 

                    Notice is hereby given that on May 17, 2001, as authorized by the provisions of the Marine Mammal Protection Act of 1972,                     *as amended*                     (16 U.S.C. 1361*et seq.*) the Fish and Wildlife Service authorized the requested permit subject to certain conditions set forth therein.                 

                    On March 13, 2001, a notice was published in the                     **Federal Register**                    , Vol. 66, No. 49, Page 14593, that an application had been filed with the Fish and Wildlife Service by Robert Seidelman, Montgomery, IL, for a permit (PRT-038861) to import one polar bear (                    *Ursus maritimus*) trophy taken from the Northern Beaufort Sea population, Canada for personal use.                 

                    Notice is hereby given that on May 17, 2001, as authorized by the provisions of the Marine Mammal Protection Act of 1972,                     *as amended*                     (16 U.S.C. 1361*et seq.*) the Fish and Wildlife Service authorized the requested permit subject to certain conditions set forth therein.                 

Documents and other information submitted for these applications are available for review by any party who submits a written request to the U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203. Phone (703) 358-2104 or Fax (703) 358-2281. 

Dated: May 25, 2001. 

Monica Farris, 

Senior Biologist, Branch of Permits, Division of Management Authority.

[FR Doc. 01-14187 Filed 6-5-01; 8:45 am] 

BILLING CODE 4310-55-U
Amendment to Employment Agreement


     

     

    AMENDMENT
      TO EMPLOYMENT AGREEMENT

    
      


      


      AMENDMENT
        (the “Amendment”) dated October 19, 2005 to the Employment Agreement dated as of
        January 15, 2004 (the “Denoyer Employment Agreement”) by and between Callisto
        Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Bernard
        Denoyer, an individual (the “Executive”).

      


      WHEREAS,
        the parties desire to amend the Denoyer Employment Agreement to increase
        the
        amount of compensation to be paid upon termination;

      


      NOW
        THEREFORE, in consideration of the foregoing facts and mutual agreements
        set
        forth below, the parties, intending to be legally bound, agree as
        follows:

      


      1.        
        Amendment
        to Denoyer Employment Agreement. 
        The Denoyer Employment Agreement is hereby amended as follows:

      


      1.1        
        Section
        4.3 is hereby amended by changing thirty (30) days to ninety (90) days in
        the
        third sentence of Section 4.3. 

      


      2.        
        Ratification. 
        The Denoyer Employment Agreement is ratified and confirmed and shall continue
        in
        full force and effect as amended hereby. 

      


      3.        
        Headings
        and Captions. 
        The
        headings and captions of the various subdivisions of this Amendment are for
        convenience of reference only and shall in no way modify or affect the meaning
        or construction of any of the terms or provisions hereof.

      


      4.        
        Counterparts. 
        This
        Amendment may be executed in two or more counterparts, and by different parties
        hereto on separate counterparts, each of which shall be deemed an original,
        but
        all of which together shall constitute one and the same instrument. This
        Agreement may be executed by facsimile with original signatures to
        follow.

      


      
        
           

        

        
           

          
            

          

        

        
           

        

      

       

      IN
        WITNESS WHEREOF, the parties hereto have executed this Amendment or caused
        this
        Amendment to be executed by their duly authorized representatives as of the
        date
        first above written. 

    

     

    
      	 	 	 
	 	
              CALLISTO
                PHARMACEUTICALS, INC.

            
	 
 	 
 	 
 
	 	By:  	/s/
              Gary S. Jacob
	 	
              

            
	 	
              Gary
                S. Jacob

              Chief
                Executive Officer

            
	 	 
	 	 
	 	/s/ Bernard Denoyer
	 	
              

            
	 	Bernard Denoyer
Exhibit
31.2




Certification
of Principal Financial Officer


Pursuant
to Section 302 of the Sarbanes-Oxley Act of 2002




I, David
W. Jaffin, certify that:




1. I have
reviewed this quarterly report on Form 10-Q of AirSharesTM EU Carbon Allowances
Fund;




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(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 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(s) 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 the 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.





Date:  March
      17, 2009
                By:
                /s/ David W. JaffinName:
                David
      W. JaffinTitle:
                Chief
      Financial OfficerXShares
      Advisors LLC,Sponsor
      of AirSharesTM EU Carbon Allowances
      Fund
|   |   |                                   /s/ James C. Yardley |   |
|--------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
|   |   |  James      C. Yardley                                                                                                                                                                             |   |
|   |   |  President      and Chief Executive Officer                                                                                                                                                        |   |
|   |   |  (Principal      Executive Officer)                                                                                                                                                                |   |
|   |   |  El      Paso Pipeline GP Company, L.L.C., the                                                                                                                                                     |   |
|   |   |           General Partner of El Paso Pipeline Partners, L.P.                                                                                                                             |   |
|   |   |                                                                                                                                                                                                    |   |
|   |   |                                                                                                                                                                                                    |   |
|   |   |                                                                                                                                                                                                    |   |
|   |   |  May      11, 2009                                                                                                                                                                                 |   |
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT C OUNTR

Y JOE STEVENS, Plaintiff - Appe lla nt, v. DAVID A. M AR , De fe nda

nt - Appe lle e . No. 13-16834 D.C . No. 3:12-c v-00010-R C JW GC M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Distric t of Ne v a da R obe rt C live Jone s, Distric t Judge , Pre siding Subm itte d July 21, 2015 ** B e fore : C ANB Y, B EA, a nd M UR GUIA, C irc uit Judge s. Ne va da sta te prisone r C ountry

Joe Ste ve ns a

ppe a l s pro se from

the distric t c ourt’ s sum

m ary judgm e nt in his 42 U.S.C . § 1983 a c tion a lle ging de libe rate indiffe re nc e to his se rious m e dic a l ne e ds. W e have jurisdic tion unde r 28 U.S.C . § 1291. W e re vie wde novo, Toguc hi v . C hung , 391 F.3d 1051, 1056 (9th C ir.



# FIL ED JUL 30 2015 M OLLY C. DW Y ER, CLERK U . S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).2004), a

nd we a ffirm . The distric t c ourt prope rly grante d sum

m a ry judgm e nt be c a

use Ste ve ns fa ile d to ra ise a

ge nuine disputeof m ate ria l fa c t a s to whe the r de fe nda nt Dr. M ar provide d tre atm e nt tha

t wa s m e dic a lly

una c c e pta

ble an d wa s in c onsc ious disre ga rd to a n e xc e ssive risk to Ste ve ns’ s he a lth. Se e id. at 1058 (prison offic ia ls are d e libe rate ly

indiffe re nt only

if the y know of a

nd disre ga

rd an e x c e ssive risk of se rious ha rm to a n inm ate ’ s he a lth, a

nd a prisone r’ s disa gre e m e nt with m e dic a l opinion is not suffic ie nt to c onstitute de libe rate indiffe re nc e ); Halle tt v . Morgan , 296 F.3d 732, 746 (9th C ir. 2002) (whe n a prisone r a lle ge s tha

t de l ay of m e dic a l tre atm e nt e vinc e s de libe rate indiffe re nc e , he or she m ust show tha

t the de la y le d to furthe r injury ). W e do not c onside r issue s ra ise d by Ste ve ns in his opening brie f that a re not supporte d by argum e nt . Se e Ac osta-Hue rta v . Este lle , 7 F.3d 139, 144 (9th C ir. 1992). AFFIRM E D.

1 3 - 1 6 8 3 4 2
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





I, Mark S. Gorder, Chief Executive Officer (principal
executive officer) of IntriCon Corporation (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that:



| | 1) | the quarterly report on
Form 10-Q of the Company for the mine months ended September 30, 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Date:   November 9, 2006

| |  | /s/ | Mark S. Gorder                                                                  
| |  | --- | --------------------------------------------------------------------------------
| |  |     | Mark S. GorderPresident and Chief Executive Officer(principal executive officer)





The foregoing certification is being furnished solely
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and
is not being filed as part of the Report or as a separate disclosure document.

---
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO**

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

In connection with the Quarterly Report onForm 10-Q of Vringo, Inc. (the “Company”) for the quarter ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”) I, Jonathan Medved, Chief Executive Officer ofthe Company, certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002,18 U.S.C. § 1350, that to my knowledge: 

(1) The Report fully complies with the requirements of Section 13(a) or Section 15 (d) of the Securities Exchange Act of 1934, as amended; and 

(2) The information contained in the Report fairly presents, in all material respects, the financial condition andresults of operations of the Company. 

Date: November 15, 2010