alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

JONATHAN LAMAR SIMPSON

v.

OFFICER FNU DRAKE, ET AL.

§

§

§

§

§

CIVIL NO. 4:23-CV-781-SDJ

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF 

UNITED STATES MAGISTRATE JUDGE

Came on for consideration the Report and Recommendation of the United 

States Magistrate Judge (the “Report”) in this action, this matter having been 

heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On June 14, 

2024, the Report of the Magistrate Judge, (Dkt. #20), was entered containing 

proposed findings of fact and recommendations that Defendants’ motion to dismiss, 

(Dkt. #14), be granted. Accordingly, the Magistrate Judge recommended the 

following: Plaintiff’s claims against Defendants be dismissed with prejudice; Plaintiff 

not be given leave to amend; and this dismissal count as a strike pursuant to 28 

U.S.C. § 1915(g).

Having received the Report of the United States Magistrate Judge, and no 

timely objections being filed, the Court is of the opinion that the findings and 

conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge’s 

Report as the findings and conclusions of the Court.

It is therefore ORDERED that Defendants’ motion to dismiss, (Dkt. #14), is 

GRANTED.

Case 4:23-cv-00781-SDJ-KPJ Document 21 Filed 08/06/24 Page 1 of 2 PageID #: 82
2

It is further ORDERED that Plaintiff’s claims against Defendants are 

DISMISSED with prejudice.

It is further ORDERED that this dismissal counts as a strike pursuant to 

28 U.S.C. § 1915(g).

Case 4:23-cv-00781-SDJ-KPJ Document 21 Filed 08/06/24 Page 2 of 2 PageID #: 83
Exhibit 31.1
**CERTIFICATION**
I, Stephen P. Robeck, certify that:
1. I have reviewed this quarterly report on Form 10-Q of EMAK Worldwide, Inc.;
2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, not misleading with respect to theperiod covered by this quarterly report;
3. Based on my knowledge, the financial statements, and other financial information includedin 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 presentedin this quarterly report;
4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:
a. Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relatedto the registrant, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this quarterly report is beingprepared;
b. Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this quarterly report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this quarterly report based onsuch evaluation; and
c. Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and
5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunction):
a. All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’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 asignificant role in the registrant’s internal control over financial reporting.         /s/ Stephen P. Robeck   Stephen P. Robeck  Dated: May 19, 2005 Chairman of the Board and Interim Chief Executive Officer
EXHIBIT 32.1

Certification of Principal Executive Officer Pursuant to
U.S.C. Section 1350 As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

I, Carl Spana, President and Chief
Executive Officer of Palatin Technologies, Inc., hereby certify, to my knowledge, that the
quarterly report on Form 10-Q for the period ended September 30, 2007 of Palatin
Technologies, Inc. (the Form 10-Q) fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the information
contained in the Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of Palatin Technologies, Inc.

Dated:  November 8, 2007

/s/ Carl Spana
Carl Spana, President and Chief Executive Officer(Principal Executive Officer)
Chardan Metropol Acquisition Corp.


c/o IFC Metropol


13 Donskaya Ulitsa

Moscow, Russia 119049






_________, 2012


IFC Metropol


13 Donskaya Ulitsa


Moscow, Russia 119049


 


Gentlemen:


 


This letter will confirm
our agreement that commencing on the effective date (the “Effective Date”) of the registration statement (the “Registration
Statement”) relating to the initial public offering of the securities of Chardan Metropol Acquisition Corp. (the “Company”)
and continuing until the consummation by the Company of an acquisition transaction or the distribution of the trust account
to the Company’s then public shareholders (as described in the Registration Statement), IFC Metropol (the “Firm”)
shall make available to the Company, free of charge, certain general and administrative services, including the use of office space,
utilities and secretarial support, as may be required by the Company from time to time, at 13 Donskaya Ulitsa, Moscow, Russia 119049
(or any successor location).


 


	 	Very truly yours,
	 	 
	 	CHARDAN METROPOL ACQUISITION CORP.


 


	 	By:	 
	 	Name:	 
	 	Title:	 


 


Agreed to and Accepted as of the date first written above
by:


 


	IFC METROPOL	 
	 	 
	By:	 	 
	Name:	 
	Title:	 


 


Services Agreement
<TABLE> <S> <C>


<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                       7,426,071
<SECURITIES>                                         0
<RECEIVABLES>                               68,760,639
<ALLOWANCES>                               (7,667,271)
<INVENTORY>                                          0
<CURRENT-ASSETS>                            79,619,881
<PP&E>                                     112,617,629
<DEPRECIATION>                            (19,356,254)
<TOTAL-ASSETS>                             365,397,042
<CURRENT-LIABILITIES>                       98,455,841
<BONDS>                                    125,498,605
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       226,000
<OTHER-SE>                                 126,036,594
<TOTAL-LIABILITY-AND-EQUITY>               365,397,042
<SALES>                                              0
<TOTAL-REVENUES>                           109,968,430
<CGS>                                                0
<TOTAL-COSTS>                              107,721,067
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                             3,679,912
<INTEREST-EXPENSE>                           8,519,488
<INCOME-PRETAX>                            (7,691,479)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (9,869,838)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (9,869,838)
<EPS-PRIMARY>                                    (.46)
<EPS-DILUTED>                                    (.46)
        

</TABLE>
|    |
|----|
|    |  |
| 1. | I have reviewed this quarterly report on Form 10-Q/A of RF Micro Devices, Inc.; 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. |

|                                                                                   |
|-----------------------------------------------------------------------------------|
|                                                                                   |
|                                                                              |
| /s/ WILLIAM A. PRIDDY, JR.                                                        |
| William A. Priddy, Jr.                                                            |
| Chief Financial Officer, Corporate Vice President of Administration and Secretary |
Dolores GUTIERREZ, et al., petitioners, v. WELLS FARGO BANK, NA, et al.

No. 18-618.

Supreme Court of the United States

Jan. 22, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
<PAGE>   1


                                                                    EXHIBIT 23.1







                       CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the registration statement on
Form S-4 (File No. 33-4520, 33-4520-01) and Form S-8 (File No. 33-34295) of our
report dated, March 2, 1999, on our audits of the consolidated financial
statements of RACI Holding, Inc., and Subsidiaries as of December 31, 1998 and
1997, and for the years ended December 31, 1998, 1997 and 1996, which report is
included in the Annual Report on Form 10-K. We also consent to the references to
our firm under the caption "Selected Financial Data."


/s/ PricewaterhouseCoopers LLP

Greensboro, North Carolina
March 30, 1999
EXHIBIT 32

                            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 Cadus  Corporation (the "Company") on
Form 10-Q for the three months ended June 30, 2006 as filed with the  Securities
and  Exchange  Commission  on the date hereof (the  "Report"),  I, David  Blitz,
President and Chief Executive  Officer of the Company,  certify,  pursuant to 18
U.S.C.  ss. 1350, as adopted  pursuant to ss. 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.

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

 /s/ David Blitz
----------------------------------------------
David Blitz
President and Chief Executive Officer (Chief
Executive Officer and Chief Financial Officer)
August 14, 2006

The foregoing  certification is furnished  solely pursuant to 18 U.S.C.  Section
1350 and is not being  filed as part of the Report or as a  separate  disclosure
document.
```
 
 
WHEAT - KANSAS CITY BOARD OF TRADE                                   Code-001612
FUTURES ONLY POSITIONS AS OF 09/24/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(CONTRACTS OF 5,000 BUSHELS)                         OPEN INTEREST:      147,563
COMMITMENTS
  52,892   35,154   12,960   64,413   76,179  130,265  124,293   17,298   23,270

CHANGES FROM 09/17/13 (CHANGE IN OPEN INTEREST:       -127)
   2,067        9    1,180   -3,237   -1,620       10     -431     -137      304

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    35.8     23.8      8.8     43.7     51.6     88.3     84.2     11.7     15.8

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      185)
      55       43       46       53       56      135      130
```

----

Updated September 27, 2013
# ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA

Supreme Court Cause No. DA 20-0277 BRANDY J. PERSOMA, Petitioner/Appellant,
v. TYLER S.PERSOMA, Respondent/Appellee, ORDER GRANTING 30 DAY EXTENSION TO FILE OPENING BRIEF

Upon Appellant's Motion for a thirty (30)day extension oftime to file her opening briefpursuant to Mont. R. App. P. Rule 26, and for good cause shown: IT IS HEREBY ORDERED that Appellant is granted a thirty day extension oftime up to and including until September 29, 2020 in which to file her opening brief. DATED this Z-'3 day ofAugust, 2020.

cc: Brandy J. Persona, P.O. Box 30812, Billings,MT 59107 Daniel L. Ball, P.O. Box 2502, Billings, MT 59103 

# F AUG 2 5 2020 Bowen Greenvvooct Clerk of Supreme Court State of Montana 08/25/2020

Case Number: DA 20-0277
<PAGE>   1

                                                                     Exhibit 15b




                     Independent Accountants' Review Report


To the Shareholders and Board of Directors
Horizon Group, Inc.


We have reviewed the accompanying consolidated condensed balance sheet of
Horizon Group, Inc. (the Company) as of September 30, 1997, and the related
consolidated condensed statements of operations and cash flows for the
three-month and nine-month periods then ended.  These financial statements are
the responsibility of the Company's management.  We did not make a similar
review of the consolidated condensed statements of operations and cash flows
for the three-month and nine-month periods ended September 30, 1996.

We conducted our review in accordance with standards established by the
American Institute of Certified Public Accountants.  A review of interim
financial information consists principally of applying analytical procedures to
financial data, and making inquires of persons responsible for financial and
accounting matters.  It is substantially less in scope than an audit conducted
in accordance with generally accepted auditing standards, which will be
performed for the full year with the objective of expressing an opinion
regarding the financial statements taken as a whole.  Accordingly, we do not
express such an opinion.

Based on our review, we are not aware of any material modifications that should
be made to the accompanying consolidated condensed financial statements at
September 30, 1997, and for the three-month and nine-month periods then ended
for them to be in conformity with generally accepted accounting principles.

We have previously audited, in accordance with generally accepted auditing
standards, the consolidated balance sheet of the Company as of December 31,
1996, and the related consolidated statements of operations, shareholders'
equity, and cash flows for the year then ended (not presented herein) and in
our report dated February 26, 1997, we expressed an unqualified opinion on
those consolidated financial statements.  In our opinion, the information set
forth in the accompanying consolidated condensed balance sheet as of December
31, 1996, is fairly stated, in all material respects, in relation to the
consolidated balance sheet from which it has been derived.


Ernst & Young LLP
Chicago, Illinois
November 10, 1997
Exhibit
      32.1








Certification
      of Chairman of the Board and Co Chief Executive Officer





**CERTIFICATION
      PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**


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








In
      connection with the Quarterly Report of Century Casinos, Inc. (the “Company”) on
      Form 10-Q for the period ended June 30, 2006 as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”), the undersigned certifies
      pursuant to 18 U.S.C. 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
                aspects, the financial condition and results of operations of the
                Company.




Date:
      August 8, 2006








/s/
      Erwin Haitzmann


Erwin
      Haitzmann


Chairman
      of the Board and Co Chief Executive 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 Annual Report of Solitario Exploration & Royalty Corp. (the "Company") on Form 10-K for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Christopher E. Herald, President and Chief 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:

|(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.



|Date: March 11, 2011
By: /s/ Christopher E. HeraldChristopher E. Herald
President and Chief Executive Officer
|-------------------------------------------------------------------------------------------------------------
Andrew WRIGHT, Petitioner, v. UNITED STATES.

No. 19-7315

Supreme Court of the United States.

Feb. 24, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Registration Statement Nos. 333-146227 of Solitario Resources Corporation on Form S-8 of our report dated March 6, 2008, except for the effects on the consolidated financial statements of the restatement described in Note 10 and the effects of the material weakness described in the eighth paragraph, as to which the date is February 26, 2009, appearing in this Annual Report on Form 10-K/A of Solitario Resources Corporation for the year ended December 31, 2007.

 

/s/ Ehrhardt Keefe Steiner & Hottman PC

February 26, 2009

Denver, Colorado
Exhibit 10.5(c)
---------------

March 31, 1999

Wickes Inc.
706 North Deerpath Drive
Vernon Hills, Illinois 60061

     Re:  $871,844  Promissory  Note (the  "Note")  dated  January  15,  1998 of
     ---------------------------------------------------------------------------
          Riverside Group, Inc. ("Riverside") to Wickes Inc. ("Wickes")
          -------------------------------------------------------------

Ladies and Gentlemen:

          This will confirm that:

               (i) we have requested, and you have agreed, to waive all existing
          defaults  and  Events  of  Default  under  the Note  arising  from the
          non-payment of interest on and principal of the Note prior to the date
          hereof; and

               (ii) the terms of the Note are hereby  modified  to provide  that
          (x) all payments of principal of the Note due prior to the date hereof
          and not  paid  shall be due and  payable  on June  30,  1999,  (y) all
          payments  of interest on the Note due on or before June 30, 1999 shall
          be due and  payable on that date with  interest  thereon  from the due
          dates for such payments  originally provided in the Note at the annual
          rate of  interest  that is two  percentage  points  higher  than  that
          originally provided in the Note.


          Please  indicate your  agreement  with the foregoing by signing in the
     place  provided  below  and  returning  to my  attention  in  the  enclosed
     envelope.

                                                           RIVERSIDE GROUP, INC.



                                                         By_____________________

                                                         Its____________________
Agreed to:

WICKES INC.



By_____________________________

Its____________________________
Exhibit
32.1







CERTIFICATION
OF CHIEF EXECUTIVE OFFICER PURSUANT


TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report of
NN, Inc. (the “Company”) on Form 10-K for the year ended December 31, 2009,
as filed with the Securities and Exchange Commission on the date hereof (the
“Report”), the undersigned, in the capacity and date indicated below, hereby
certifies pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the
Sarbanes-Oxley Act of 2002, that, to my knowledge: (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.








Date:  March
31, 2010











/s/ Roderick R.
Baty


Roderick R. Baty


Chairman, President and Chief
Executive Officer











[A signed
original of this written statement required by Section 906 has been provided to
NN, Inc. and will be retained by NN, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.]
Joseph HAYMORE, et al., petitioners, v. UNITED STATES.

No. 18-6746.

Supreme Court of the United States

Jan. 7, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.