alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6041

CLARENCE A. MOYLER, Petitioner - Appellant, versus FRED W. GREENE, Warden, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-98-234) Submitted: May 28, 1999 Decided: June 24, 1999 Before MURNAGHAN, NIEMEYER, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Clarence A. Moyler, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* Although the district court’s order is marked as “filed” on December 4, 1998, the district court’s records show that it was entered on the docket sheet on December 7, 1998. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that the judgment or order was entered on the docket sheet that we take as the effective date of the district court’s decision. See Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986). 2 PER CURIAM: Clarence A. Moyler seeks to appeal the district court’s order dismissing as untimely his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1999). We have reviewed the record and the district court’s opinion and find no reversible error. We note that the earliest date on which we can consider Moyler’s § 2254 petition to have been properly filed is February 2, 1998, the date he signed it, because that is the earliest date on which he could have delivered it to prison officials for mailing. See generally Houston v. Lack , 487 U.S. 266 (1988). Nevertheless, it was not filed within the one-year limitations period prescribed by 28 U.S.C.A. § 2244(d) (West Supp. 1999). Even giving Moyler the benefit of every doubt after reviewing his often contradictory pleadings, we conclude that the one-year limitations period expired no later than October 2, 1997, well before he attempted to file any challenge to his conviction in federal court. Accordingly, we deny Moyler’s motion for a certificate of appealability and dismiss the appeal substantially on the reasoning of the district court. See Moyler v. Greene , No. CA-98-234 (E.D. Va. Dec. 7, 1998). * We3 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
#### UNITED STATES of America, Plaintiff-Appellee, v. Darnell GARCIA, Defendant-Appellant.

No. 08-50161.

United States Court of Appeals, Ninth Circuit.

Submitted May 25, 2010.*

Filed June 11, 2010.

John E. Lee, Esquire, Michael J. Raphael, Esquire, Assistants U.S. Attorney, Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Darnell Garcia, pro se.

Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

California state prisoner Darnell Garcia appeals pro se from the district court’s judgment dismissing his habeas petition. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Garcia contends that he has served more time than is necessary because the district *632court did not modify his presentence investigation report (“PSR”), or order a supplemental report, to reflect the sentence reduction that he received on direct appeal. Garcia’s petition challenges the legality, rather than the execution, of his sentence, and his claims do not qualify for the savings clause of 28 U.S.C. § 2255, whereby a prisoner may challenge his sentence in a 28 U.S.C. § 2241 petition. We therefore construe this appeal as a successive § 2255 motion, which must be certified by this court before it can be presented to the district court. *See Harrison v. Ollison,*519 F.3d 952, 956, 959-960 (9th Cir.2008). The district court therefore lacked jurisdiction to consider this claim. *See*28 U.S.C. § 2244(b); *see also United States v. Allen,*157 F.3d 661, 664 (9th Cir.1998).

We construe Garcia’s notice of appeal as a request for a certificate of appealability on the issue of whether his motion was properly dismissed as second or successive without authorization. So construed, the motion is denied. *See*9th Cir. R. 22-1(d); *see also Slack v. McDaniel,*529 U.S. 473, 483-85, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

RAMEL WALTERS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D22-1761

[March 23, 2023]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Paige Hardy Gillman, Judge; L.T. Case Nos. 

501999CF001235A and 502022CA005426.

Ramel Walters, Indiantown, pro se.

Ashley Moody, Attorney General, Tallahassee, and Melynda L. Melear, 

Senior Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

MAY, DAMOORGIAN and KUNTZ, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
<PAGE>

                                                               EXHIBIT 10.3.1


                                    AMENDMENT
                                       TO
                              EMPLOYMENT AGREEMENT
                                     BETWEEN
                          WESTERN STAFF SERVICES, INC.
                                       AND
                                W. ROBERT STOVER




     The Employment Agreement by and between Western Staff Services, Inc.
("Employer") and W. Robert Stover ("Employee") is hereby amended as follows
effective November 2, 1996:

     1.   Section 3(a) is hereby amended to reflect the current annual
          compensation of $250,000 payable by Employer to Employee.

     2.   Section 4(b) is hereby deleted in its entirety.

     All other terms and conditions of the above-referenced Employment Agreement
shall remain in full force and effect unless otherwise amended herein.


EMPLOYER:

Western Staff Services, Inc.


By:  /s/ Harvey L. Maslin
     ---------------------------------------------------
     Harvey L. Maslin
     Vice Chairman and Chief Administrative Officer


By:  /s/ Paul A. Norberg
     ----------------------------------------------------
     Paul A. Norberg
     Executive Vice President and Chief Financial Officer


EMPLOYEE:


/s/ W. Robert Stover
----------------------------
W. Robert Stover
Exhibit 11

                           GreenMan Technologies, Inc.

                     Statement Regarding Net Loss per Share

                               September 30, 1999

<TABLE>
<CAPTION>
                                                            Four Months Ended
                                       Year Ended             September 30,            Year Ended
                                         May 31,      ----------------------------    September 30,
                                          1998            1997           1998             1999
                                      ------------    ------------    ------------    ------------
<S>                                   <C>             <C>             <C>             <C>
Net loss ..........................   $ (6,324,986)   $ (1,429,015)   $ (2,326,086)   $ (4,657,861)
                                      ============    ============    ============    ============
Net loss per share - basic ........   $      (2.44)   $      (0.90)       $ (0 .37)   $      (0.43)
                                      ============    ============    ============    ============
Weighted average shares outstanding      2,596,776       1,579,548       6,247,793      10,750,855
                                      ============    ============    ============    ============
</TABLE>
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 Labor

###### Employment and Training Administration

          - [NAFTA-04543, et al.]

                    In accordance with section 250(a), Subchapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), the Department of Labor issued a Certification of Eligibility to Apply for NAFTA Transitional Adjustment Assistance on April 17, 2001, applicable to workers of AgriFrozen Foods, Woodburn, Oregon. The notice was published in the                     **Federal Register**                     on May 3, 2001 (66 FR 22263).                

At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of frozen vegetables. New findings show that worker separations occurred at AgriFrozen Foods' headquarters office in Salem, Oregon and at two production facilities in Grandview and Walla Walla, Washington. Findings also show that all remaining workers of the subject firm will be separated when it closes at the end of June, 2001.

The intent of the Department's certification is to include all workers of AgriFrozen Foods who were adversely affected by an increase in company imports of frozen vegetables from Mexico.

Accordingly, the Department is amending the certification to properly reflect this matter.

The amended notice applicable to NAFTA-04543 is hereby issued as follows:

All workers of AgriFrozen Foods, Woodburn, Oregon (NAFTA-TAA-04543), Salem, Oregon (NAFTA-04543A), Grandview, Washington (NAFTA-04543B) and Walla Walla, Washington (NAFTA-TAA-04543C) who became totally or partially separated from employment on or after February 9, 2000 through April 17, 2003 are eligible to apply for NAFTA-TAA under Section 250 of the Trade Act of 1974.

Signed at Washington, DC this 22nd day of May, 2001.

Edward A. Tomchick,

Director, Division of Trade Adjustment Assistance. 

[FR Doc. 01-14422  Filed 6-7-01; 8:45 am]

BILLING CODE 4510-30-M
Exhibit 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of
Strategic Storage Trust, Inc., (the Company), in connection with the Companys Quarterly Report on Form 10-Q for the period ended September 30, 2010 (the Report) hereby certifies, to his knowledge, that:



| | (i) | 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
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------



| | (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 12, 2010 |  | By: |  | /s/ Michael S. McClure                                                                
|                         |  |     |  | Michael S. McClure Chief Financial Officer and Treasurer (Principal Financial
Officer)
**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

 

In connection with the Amended Quarterly Report of Cannonau Corp. (the "Company") on Form 10-Q/A for the three months ended June 30, 2019 as filed with the Securities and Exchange Commission on the date hereof (the "report"), I, Carmen J. Carbona, Principal Financial 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:

 

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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 

 

Dated this 11  th  day of August 2020 .

 

/S/Carmen J. Carbona

Carmen J. Carbona

Certification of Principal Financial Officer

 

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 ("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 Cannonau Corp., and will be retained Cannonau Corp. and furnished to the Securities and Exchange Commission or its staff upon request.
AEGIS SEF | 2829 Technology Forest Boulevard, Suite 260 | The Woodlands, Texas 77381

Chapter 1063

Natural Gas Fixed Swap - Algonquin - Platts Inside FERC

DESCRIPTION

A monthly cash settled swap based upon the monthly price published by Platts Inside FERC for 

the location specified in Floating Price A.

FLOATING PRICE A

The Floating Price for each contract month will be equal to the Platts Inside FERC Algonquin

published price for the corresponding contract month.

CONTRACT UNIT AND VALUE

The contract unit shall be MMBtus (million British thermal units). Each contract shall be valued 

as the contract quantity in MMBtus multiplied by the settlement price.

LISTING CYCLE

Up to 120 consecutive monthly contract periods

PRICES AND FLUCTUATIONS

Prices shall be quoted in U.S. dollars and cents per MMBtu. The minimum price fluctuation shall 

be $0.001 per MMBtu. The minimum price increment will be $0.0001. There shall be no 

maximum price fluctuation.

TERMINATION OF TRADING

Posting of transactions shall cease on the last business day prior to the contract month.

FINAL SETTLEMENT

Delivery under the contract shall be by cash settlement. Final settlement, following termination 

of posting for a contract month, will be based on the Floating Price. The final settlement price 

will be the Floating Price calculated for each contract month.
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



In connection with this Report of AVAX Technologies, Inc. (the Company) on Form 10-QSB for the period ended June 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Richard P. Rainey, President (as such, the principal executive officer and principal financial 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:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------





|/s/  Richard P. Rainey
|----------------------

Richard P. Rainey

President

(Principal Executive Officer and

Principal Financial Officer)

August 14, 2006













---
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

In
connection with the quarterly report on Form 10-Q of Soy Energy,
LLC (the Company) for the quarter ended July 31, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I,
Charles Sand, President and Chief Executive Officer, 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, 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
 Company.

| |                                                     
| | ----------------------------------------------------
| | /s/ Charles
 Sand                                   
| |                                                     
| | Charles
 Sand, President and Chief Executive Officer
| | (Principal
 Executive Officer)                      
| |                                                     
| | Dated:
 September 15, 2008                          

---
```

[Federal Register: May 3, 2001 (Volume 66, Number 86)]
[Notices]
[Page 22217]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my01-42]

=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Agricultural Advisory Committee; Ninth Renewal

    The Commodity Futures Trading Commission has determined to renew
again for a period of two years its advisory committee designated as
the ``Agricultural Advisory Committee.'' The Commission certifies that
the renewal of the advisory committee is in the public interest in
connection with duties imposed on the Commission by the Commodity
Exchange Act, 7 U.S.C. 1, et seq., as amended.
    The objectives and scope of activities of the Agricultural Advisory
Committee are to conduct public meetings and submit reports and
recommendations on issues affecting agricultural producers, processors,
lenders and others interested in or affected by agricultural
commodities markets, and to facilitate communications between the
Commission and the diverse agricultural and agriculture-related
organizations represented on the Committee.
    Commissioner David D. Spears serves as Chairman and Designated
Federal Official of the Agricultural Advisory Committee. The
Committee's membership represents a cross-section of interested and
affected groups including representatives of producers, processors,
lenders and other interested agricultural groups.
    Interested persons may obtain information or make comments by
writing to the Commodity Futures Trading Commission, Three Lafayette
Centre, 1155 21st Street, NW., Washington, DC 20581.

    Issued in Washington, DC on April 25, 2001, by the Commission.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 01-11039 Filed 5-2-01; 8:45 am]
BILLING CODE 6351-01-M
```
#### Andranik KARABAJAKYAN, a former parolee on behalf of himself and a class of similarly situated persons; Gary Beltran, Plaintiffs-Appellants, v. Arnold SCHWARZENEGGER, Governor of California, in his individual capacity; Gray Davis, Former Governor of California in his individual capacity; Roderick Hickman, Former Secretary of the California Youth and Adult Correctional Agency, and CDCR, in his official capacity; Robert Presley, Former Secretary of the California Youth and Adult Correctional Agency, in his individual capacity; Margarita Perez, Former Chairperson of the California Board of Prison Terms, in her individual capacity; Carol Daly, Former Chairperson of the California Board of Prison Terms, in her individual capacity; Fernando Perez, Deputy Commissioner of the California Board of Prison Terms, in his individual capacity; Thomas Wadkins, Deputy Commissioner of the California Board of Prison Terms, in his individual capacity; John Iniguez, Associate Chief Deputy Commissioner of the California Board of Prison Terms and BPH, Head of the Office of Policy and Appeals, in his individual capacity; John Doe 1 or Jane Roe 1, Deputy Commissioner Assigned to the Office of Policy and Appeals whose true name is currently unknown, in his or her individual capacity; Sylvia Labare, Paralegal or Related Aide in the Board of Prison Terms Office of Policy and Appeals in her individual capacity; Christian Becker, Paralegal or Related Aide in the Board of Prison Terms Office of Policy and Appeals in her individual capacity; Melvin E. Hunter, Executive Director Atascadero State Hospital, in his individual capacity, Defendants-Appellees.

No. 07-55859.

United States Court of Appeals, Ninth Circuit.

Submitted April 8, 2010.*

Filed April 28, 2010.

Eric C. Jacobson, Esq., Eric C. Jacobson Law Offices, Culver City, CA, for Plaintiffs-Appellants.

Janine K. Jeffery, Esq., Reily & Jeffery, Northridge, CA, for Defendants-Appel-lees.

Before: PREGERSON and THOMPSON, Circuit Judges, and CONLON, District Judge.**

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

**

 The Honorable Suzanne B. Conlon, United States District Judge for the Northern District of Illinois, sitting by designation.

*648MEMORANDUM ***

The plaintiffs appeal the district court’s dismissal of their third amended complaint with prejudice and without leave to amend. The plaintiffs also appeal the court’s order denying reconsideration of that dismissal as well as several procedural decisions. We have jurisdiction under 28 U.S.C. § 1291.

We affirm the dismissal of this action and the denial of reconsideration for the reasons stated by the district court. The plaintiffs’ contentions regarding judicial reassignment, recusal, and briefing deadlines lack merit.

AFFIRMED.

***

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.