alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                   SMITH BARNEY MANAGED MUNICIPALS FUND INC.
                                 (the "Fund")

                       Supplement dated July 11, 2001 to
                        Prospectus dated June 28, 2001

The following information revises and supersedes, as applicable, the
information set forth in the Prospectus of the Fund under "Financial
Highlights":

  For a Class L share of capital stock outstanding throughout each year ended
  February 28, except where noted:

<TABLE>
<CAPTION>
                                2001/(1)/ 2000/(1)(2)/ 1999/(1)/ 1998/(3)/   1997

------------------------------------------------------------------------------------
<S>                             <C>       <C>          <C>       <C>       <C>
Net asset value, beginning of
 year                           $  14.15   $  15.92    $  16.18  $  15.60  $ 16.20

------------------------------------------------------------------------------------
Income (loss) from
 operations:
 Net investment income              0.68       0.67        0.65      0.70     0.79
 Net realized and unrealized
  gain (loss)                       1.36      (1.80)      (0.10)     1.06    (0.18)

------------------------------------------------------------------------------------
Total income (loss) from
 operations                         2.04      (1.13)       0.55      1.76     0.61

------------------------------------------------------------------------------------
Less distributions from:
 Net investment income             (0.67)     (0.64)      (0.65)    (0.70)   (0.83)
 Excess of net investment
  income                              --         --       (0.05)       --       --
 Net realized gains                   --         --       (0.11)    (0.48)   (0.38)

------------------------------------------------------------------------------------
Total distributions                (0.67)     (0.64)      (0.81)    (1.18)   (1.21)

------------------------------------------------------------------------------------
Net asset value, end of year    $  15.52   $  14.15    $  15.92  $  16.18  $ 15.60

------------------------------------------------------------------------------------
Total return                       14.72%     (7.19)%      3.49%    11.69%    3.88%

------------------------------------------------------------------------------------
Net assets, end of year (000)'s $162,129   $141,570    $183,578  $126,766  $72,597

------------------------------------------------------------------------------------
Ratios to average net assets:
 Expenses                           1.25%      1.25%       1.24%     1.25%    1.24%
 Net investment income              4.58       4.46        4.06      4.38     5.04

------------------------------------------------------------------------------------
Portfolio turnover rate               56%        55%         45%      110%     103%

------------------------------------------------------------------------------------
</TABLE>

/(1)/Per share amounts are calculated using the monthly average shares method.
/(2)/For the year ended February 29, 2000.
/(3)/On June 12, 1998, Class C shares were renamed Class L shares.

FD02336
Exhibit 4.3


 


Consent of Independent Registered
Public Accounting Firm


We have issued our
report dated July 26, 2019, with respect to the financial statement of Smart Trust 438 contained in Amendment No. 1 to the Registration
Statement on Form S-6 (File No. 333-231057) and related Prospectus. We consent to the use of the aforementioned report in the Registration
Statement and Prospectus, and to the use of our name as it appears under the caption “Independent Registered Public Accounting
Firm”.


 


/s/ Grant
Thornton LLP


 


Chicago, Illinois


July 26, 2019
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 22, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-10622

Summary Calendar

 

CHARLES ALLEN HOUSE,

Petitioner-Appellant,

versus

UNITED STATES OF AMERICA,

Respondent-Appellee.

--------------------

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:03-CV-00320-A

--------------------

Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.

PER CURIAM:*

Charles Allen House, federal prisoner #06081-112, appeals

the dismissal of his 28 U.S.C. § 2241 petition, which challenged

his conviction for conspiracy to possess with intent to

distribute methamphetamine. House argues that he is actually

innocent of the offense of conviction because his indictment did

not cite 21 U.S.C. § 846 and further, that the district court did

not determine whether he properly filed his petition in the

Northern District of Texas pursuant to 28 U.S.C. §§ 1651(a) and
No. 03-10622

-2-

2241. The district court found that House’s 28 U.S.C. § 2241

petition was improperly filed and was not salvaged by 28 U.S.C.

§ 2255's “savings clause.”

House was not entitled to pursue habeas relief under 28

U.S.C. § 1651 because he remains in custody and has not completed

his sentence. See United States v. Dyer, 136 F.3d 417, 422 (5th

Cir. 1998). Moreover, because House is not incarcerated in

Texas, the district court did not have jurisdiction to entertain

his petition pursuant to 28 U.S.C. § 2241. See Lee v. Wetzel,

244 F.3d 370, 373-75 (5th Cir. 2001). Accordingly, the judgment

of the district court is VACATED and the case is REMANDED with

instructions to DISMISS House’s 28 U.S.C. § 2241 petition without

prejudice for lack of jurisdiction.
Exhibit 31.2**CERTIFICATIONS**I, Donald Gayhardt, certify that: 1. I have reviewed this Quarterly Report on Form 10-Q of Dollar Financial Corp.;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded 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 periodspresented in this report;  4. The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have: c) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;  d) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and  e) Disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recent fiscalquarter (the registrant’s fourth fiscal quarter in the case of an annual report)that has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and 5. The registrant’s other certifying officers and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions): f) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process, summarize andreport financial information; and  g) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.Date:February 13, 2006       */s/ Donald Gayhardt*         Donald Gayhardt President    President  
43
IN RE Garvester BRACKEN, Petitioner.

No. 18-9107

Supreme Court of the United States.

January 21, 2020

Motion of petitioner for reconsideration of order denying leave to proceed in forma *pauperis* denied.
**Exhibit 32**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

 

 

In connection with the Quarterly Report of CENTERGISTIC SOLUTIONS, INC.(the “Company”) on Form 10-QSB for the quarter ended September 30, 2004 asfiled with the Securities and Exchange Commission on the date hereof (the“Report”), I, Ricardo G. Brutocao, President of the Company, certify, pursuantto 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,that:

 

(1)          The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)          The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

November 10, 2004

 

 
| By:    | /s/ Ricardo G. Brutocao |   |
|--------|-------------------------|--------|
|   | Ricardo G. Brutocao     |
|   | President, CEO          |

 

 

In connection with the Quarterly Report of CENTERGISTIC SOLUTIONS, INC.(the “Company”) on Form 10-QSB for the quarter ended September 30, 2004 asfiled with the Securities and Exchange Commission on the date hereof (the“Report”), I, David M. Cunningham, Chief Operating Officer and Chief FinancialOfficer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adoptedpursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)          The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)          The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

November 10, 2004

 

 
| By:    | /s/ David M. Cunningham                              |   |
|--------|------------------------------------------------------|--------|
|   | David M. Cunningham                                  |
|   | Chief Operating Officer and Chief Financial  Officer |

 

 

A signed original of this written statement required by Section 906, orother document authenticating, acknowledging, or otherwise adopting thesignature that appears in typed form within the electronic version of thiswritten statement required by Section 906, has been provided to the Company andwill be retained by the Company and furnished to the Securities and ExchangeCommission or its staff upon request.

 

----
I 

110TH CONGRESS 

1ST SESSION H. R. 4892 

To amend title 10, United States Code, to provide for support of funeral 

ceremonies for veterans provided by details that consist solely of members 

of veterans organizations and other organizations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 19, 2007 

Mr. GOHMERT introduced the following bill; which was referred to the 

Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to provide for support of funeral ceremonies for veterans provided by details that consist solely of members of veterans organizations and other organizations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SUPPORT OF FUNERAL CEREMONIES FOR VET4 ERANS PROVIDED BY DETAILS CONSISTING 

5 SOLELY OF MEMBERS OF VETERANS ORGANI6 ZATIONS AND OTHER ORGANIZATIONS. 

7 (a) SUPPORT OF FUNERAL CEREMONIES.—Section 

8 1491 of title 10, United States Code, is amended— 


ccoleman on PROD1PC71 with BILLS
2 

•HR 4892 IH

1 (1) by redesignating subsections (e), (f), (g), 

2 and (h) as subsections (f), (g), (h), and (i), respec3 tively; and 

4 (2) by inserting after subsection (d) the fol5 lowing new subsection (e): 

6 ‘‘(e) FUNERAL CEREMONIES FOR VETERANS PRO7 VIDED BY DETAILS OTHER THAN FUNERAL HONOR DE8 TAILS.—In the case of funeral honors at the funeral of 

9 a veteran that are provided by a detail that consists solely 

10 of members of veterans organizations or other organiza11 tions referred to in subsection (b)(2), the Secretary of the 

12 military department of which the veteran was a member 

13 shall support the provision of such funeral honors through 

14 provision to each person who participates in the detail the 

15 daily stipend prescribed under subsection (d)(2).’’. 

16 (b) CONFORMING AMENDMENTS.—Such section is 

17 further amended— 

18 (1) in subsection (d)(2), by inserting ‘‘and sub19 section (e)’’ after ‘‘paragraph (1)(A)’’; and 

20 (2) in paragraph (1) of section (f), as redesig21 nated by subsection (a)(1) of this section, by insert22 ing ‘‘(other than a requirement in subsection (e)’’ 

23 after ‘‘pursuant to this section’’. 

Æ 


ccoleman on PROD1PC71 with BILLS
EXHIBIT 31.2

                                  CERTIFICATION

I, Sandra Batt, Chief Financial Officer, certify that:

         1.   I have reviewed this  quarterly  report on Form 10-QSB of Hydrogen
              Engine Center, Inc.;

         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 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.

 August 14, 2006                            /s/ Sandra Batt
                                            ------------------------------------
                                            Sandra Batt
                                            Chief Financial Officer
# Official Journal C 167A/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.CA2013.167.eng |
| --- | --- |
| Official Journal
  of the European Union | C 167A |
| | |
| English edition | Information and Notices | Volume 5613 June 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.CA2013.167.eng

Official Journal

of the European Union

C 167A

English edition

Information and Notices

Volume 5613 June 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Parliament |
| 2013/C 167A/01 | Recruitment notice PE/165/S | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Parliament

2013/C 167A/01

Recruitment notice PE/165/S

1

---

REVIEW OF COMPETITION C A OJs

Please find below the list of C A published during the present year.

Unless otherwise indicated, OJs are published in all language versions.

| 5 | |
| --- | --- |
| 27 | (RO) |
| 29 | |
| 33 | |
| 34 | |
| 36 | (DA) |
| 41 | (BG) |
| 43 | (EN) |
| 49 | (ET) |
| 50 | (HU) |
| 51 | (SL) |
| 54 | (DE/EN/FR) |
| 58 | (EN/GA) |
| 75 | |
| 81 | |
| 82 | |
| 88 | BG |
| 89 | CS |
| 94 | |
| 104 | |
| 109 | |
| 111 | |
| 112 | (DE/EN/FR) |
| 117 | (ET) |
| 118 | |
| 120 | |
| 131 | |
| 143 | |
| 160 | (DE/EN/FR) |
| 162 | |
| 166 | |
| 167 | |

5

27

(RO)

29

33

34

36

(DA)

41

(BG)

43

(EN)

49

(ET)

50

(HU)

51

(SL)

54

(DE/EN/FR)

58

(EN/GA)

75

81

82

88

BG

89

CS

94

104

109

111

112

(DE/EN/FR)

117

(ET)

118

120

131

143

160

(DE/EN/FR)

162

166

167

| EN | |
| --- | --- |

EN
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANNY FABRICANT, 

Plaintiff-Appellant, 

 v. 

G. J. BISSETTE, Associate Warden at USPTucson; et al., 

Defendants-Appellees.

No. 19-16797 

D.C. No. 4:19-cv-00030-JGZPSOT 

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Jennifer G. Zipps, District Judge, Presiding

Submitted June 2, 2020**

Before: LEAVY, PAEZ, and BENNETT, Circuit Judges.

Federal prisoner Danny Fabricant appeals pro se from the district court’s 

judgment dismissing his action brought under Bivens v. Six Unknown Named 

Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), alleging 

constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JUN 9 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 19-16797 

review de novo the district court’s dismissal under 28 U.S.C. § 1915A. Resnick v. 

Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We may affirm on any basis supported 

by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir. 2008). We 

affirm.

Dismissal of Fabricant’s action was proper because, even if a Bivens remedy 

is available for his constitutional claims, Fabricant failed to allege facts sufficient 

to state a plausible claim. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 

2010) (although pro se pleadings are construed liberally, a plaintiff must allege 

facts sufficient to state a plausible claim); Long v. County of Los Angeles, 442 F.3d 

1178, 1185 (9th Cir. 2006) (setting forth elements of a § 1983 claim); Van Strum v. 

Lawn, 940 F.2d 406, 409 (9th Cir. 1991) (“Actions under § 1983 and those under 

Bivens are identical save for the replacement of a state actor under § 1983 by a 

federal actor under Bivens.”).

The district court did not abuse its discretion by dismissing the first amended 

complaint without further leave to amend because amendment would have been

futile. See Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th 

Cir. 2011) (setting forth standard of review and explaining that dismissal without 

leave to amend is proper when amendment would be futile).

Fabricant’s motion for an order related to mail (Docket Entry No. 6) is 
3 19-16797 

denied. 

AFFIRMED.
STATE v. Joseph Calvin HEATH.

No. 305P04.

Supreme Court of North Carolina.

July 9, 2004.

Joseph Calvin Heath, Pro Se.

Kathryne L. VandenBerg, Raleigh, for Joseph Calvin Heath.

C. Branson Vickory, III, District Attorney, for State.

The following order has been entered on the motion filed on the 9th day of July 2004 by Attorney General for Extension of Time to File Response to Motion for Appropriate Relief:

> "Motion Allowed. Attorney General shall have up to and including the 2nd day of August 2004 to file response with this Court. By order of the Court in conference this the 9th day of July 2004."
Exhibit 35.1  LOGO

MIDLAND LOAN SERVICES ANNUAL STATEMENT OF COMPLIANCE of PNC BANK, NATIONAL ASSOCIATION d/b/a MIDLAND LOAN SERVICES Pursuant to the
requirements of the applicable Servicing Agreement for the transactions listed on Schedule I hereto, the undersigned, Timothy Steward, as Senior Vice President of Midland Loan Services, a division of PNC Bank, National Association, hereby certifies,
subject to any limitations listed on Schedule I hereto, as of the date hereof, solely in his capacity as an officer and not in his individual capacity, as follows:  1.
A review of the Servicers activities during the calendar year 2018 (the Reporting Period) and
of its performance under the Agreement has been made under the undersigned officers supervision; and  2.
To the best of the undersigned officers knowledge, based on such review, the Servicer has fulfilled all
of its obligations under the Agreement in all material respects throughout the Reporting Period except for the following material instance of noncompliance with Regulation AB servicing criteria 1122(d)(3)(i)(A), which is applicable to all
transactions serviced on the Enterprise! Loan Management System (the Platform) during the year ended December 31, 2018, as follows: 1122(d)(3)(i)  Reports to investors, including those to be filed with the Commission, are maintained in accordance with the
transaction agreements and applicable Commission requirements. Specifically, such reports: (A) Are prepared in accordance with timeframes and other terms set forth in the transaction agreements. Dated: March 1, 2019  PNC Bank, National Association d/b/a Midland
Loan ServicesLOGOTimothy StewardSenior Vice President Member of The PNC Financial Services Group 10851 Mastin Boulevard    Overland Park, Kansas 66210 800-327-8083 www.pnc.com/midland




---

Schedule I Citigroup Commercial Mortgage Securities Inc.  Recipient Role

Deal Name

Series Number

Midland RoleDepositor

Citigroup Commercial Mortgage Securities Inc.

Series 2016-P6

Master ServicerDepositor

Citigroup Commercial Mortgage Securities Inc.

Series 2018-C5

Master ServicerDepositor

Citigroup Commercial Mortgage Securities Inc.

Series 2018-C6Master and Special Servicer on the Shelbourne Global Portfolio I under the UBS 2018-C13 PSA.
**Exhibit 32.3**

 

PHARMACOPEIA DRUG DISCOVERY, INC.

 

CERTIFICATION

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

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Quarterly Report of Pharmacopeia Drug Discovery, Inc.(the “Company”) on Form 10-Q for the period ended September 30, 2005,as filed with the Securities and Exchange Commission on the date hereof (the “Report”),I, Brian M. Posner, Vice President, Finance (Chief Accounting Officer) of theCompany, hereby certify pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Report fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

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

 

 
| /s/ Brian  M. Posner   |   |
|-----------------------------|--------|
| Brian  M. Posner            |
| Vice  President, Finance    |
| (Chief  Accounting Officer) |
|                        |
| November  4, 2005           |

 

----