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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6275

SAMUEL DAVID GULLION,

Petitioner - Appellant,

versus

WARDEN OF BRUNSWICK CORRECTIONAL CENTER,

Respondent - Appellee.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. James C. Turk, District Judge.

(CA-97-361-R)

Submitted: May 14, 1998 Decided: June 3, 1998

Before WIDENER and MICHAEL, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Samuel David Gullion, Appellant Pro Se. Leah Ann Darron, Assistant

Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying relief on

his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.

1998). On appeal, he challenges the district court's denial of

relief on his claims that the victim's contradictory testimony

amounted to perjury, that his counsel was ineffective in failing to

challenge the testimony, and that the trial transcript was altered

to cover up perjury and other trial errors. 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 the

appeal on the reasoning of the district court. Gullion v. Warden of

Brunswick Correctional Ctr., No. CA-97-361-R (W.D. Va. Feb. 12,

1998). We 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
<TABLE> <S> <C>

<ARTICLE>     5
<LEGEND>
This schedule contains summary financial information extracted from the
balance sheet and statements of operations found on pages F-3 and F-4 of the
Company's Form 10-KSB for the fiscal year ended December 31, 1998, and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           2,227
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 2,227
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   8,667
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        12,050
<OTHER-SE>                                      (3,383)
<TOTAL-LIABILITY-AND-EQUITY>                     8,667
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 6,983
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (6,983)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0

</TABLE>
EXHIBIT 32.1





CERTIFICATION PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002



I, Jack Wagenti, Vice President, CEO and PFO of U. S. Precious Metals, Inc. (the "Company"), do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:

1. This Quarterly Report on 10KSB of the Company for the period ended November 30, 2005 as filed with the Securities and Exchange Commission (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: April 19, 2006.







|                                                                           | 
|-------------------------------------------------------------------------- | 
|/s/Jack Wagenti                                                            | 
|Jack Wagenti                                                               | 
|(Vice President, Chief Executive Officer and  Principal Financial Officer) |
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 1205** 

EMPLOYERS COUNCIL ON FLEXIBLE COMPENSATION , Plaintiff

- Appellee ,
v. KENNETH FELTMAN; ANTHONY WAYNE HAWKS; EMPLOYERS COUNCIL ON FLEXIBLE COMPENSATION, LTD. , De fendants

- Appellants
.

**No. 10**  **- 1206** 

EMPLOYERS COUNCIL ON FLEXIBLE COMPENSATION , Plaintiff

- Appellant ,
v. KENNETH FELTMAN; ANTHONY WAYNE HAWKS; EMPLOYERS COUNCIL ON FLEXIBLE COMPENSATION, LTD. , Defendants

- Appellees
.

Appeal s from the United States District Court for the Eastern District of Virginia , at Alexandria
. James C. Cacheris , Senior District Judge. ( 1:08

- cv - 00371

- JCC

- TRJ )
Argued : March 23, 2011 Decided: April 20, 2011

Before NIEMEYER and DAVIS , Circuit Judges , and HAMILTON, Senior Circuit Judge
.- 2

- Affirmed in part and reversed in part by un published per curiam opinion
.

**ARGUED:** Anthony Wayne Hawks, HAWKS LAW OFFICE, Bethany Beach, Delaware, for Appellants/Cross

- Appellees. Bernard Joseph DiMuro, DIMU ROGINSBERG, PC, Alexandria, Virginia, for Appellee/Cross

- Appellant. **ON BRIEF:** Edward A. Pennington, HANIFY & KING, PC, Washington, D.C., for Appellants/Cross

Appellees.
Unpublished opinions are not binding precedent in this circuit.- 3

- PER CURIAM: Def endants Kenneth Feltman, Anthony Hawks, and Employers Council on Flexible Compensation, Ltd. (collectively Defendants) appeal the district court’s order awarding plaintiff Employers Council on Flexible Compensation (Plaintiff) $292,500.00 in attorneys’ fee s and $16,885.97 in costs, pursuant to § 35(a) of the Lanham Act, 15 U.S.C. § 1117(a). Defendants challenge the award as excessive. Plaintiff noted a cross

- appeal to challenge the award as inadequate. With one minor exception, which requires reversal, w e affirm the district court’s attorneys’ fees and costs award in favor of Plaintiff on the reasoning of the district court, as set forth in its carefully crafted and thorough opinion. See Employers Council on Flexible Comp. v. Feltman , 2010 WL 186457 (E.D .Va. January 13, 2010). This disposition grants no appellate relief to Plaintiff on its cross

- appeal. The one minor exception requiring reversal pertains to the district court’s award of $1,188.98 in costs to Plaintiff for computer forensic fees. Plaint iff concedes on appeal that this portion of the district court’s award of costs was in error and should be reversed. Accordingly, we reverse the district court’s award of costs to the extent it awarded Plaintiff $1,188.98 in costs for computer forensic fe es. In all other respects, the district- 4

- court’s order awarding Plaintiff attorneys’ fees and costs is affirmed.
AFFIRMED IN PART AND REVERSED IN PART
[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Rules and Regulations]
[Page 60742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20608]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 05-2635; MB Docket No. 05-116; RM-11188]


Radio Broadcasting Services; Fisher and Thief River Falls, MN

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: In response to a Notice of Proposed Rule Making, 70 FR 17049 
(April 4, 2005), this Report and Order reallots Channel 262C1, Station 
KSNR(FM) (``KSNR'') from Thief River Falls, Minnesota, to Fisher, 
Minnesota, and modifies Station KSNR's license accordingly. The 
coordinates for Channel 262C1 at Fisher, Minnesota, are 47-58-38 NL and 
96-36-42 WL, with a site restriction of 24.2 kilometers (15.1 miles) 
northeast of Fisher.

DATES: Effective November 17, 2005.

FOR FURTHER INFORMATION CONTACT: R. Barthen Gorman, Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MB Docket No. 05-116, adopted September 29, 2005, and 
released October 3, 2005. The full text of this Commission decision is 
available for inspection and copying during normal business hours in 
the FCC's Reference Information Center at Portals II, 445 12th Street, 
SW., Room CY-A257, Washington, DC, 20554. The document may also be 
purchased from the Commission's duplicating contractor, Best Copy and 
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, telephone 1-800-378-3160 or http://www.BCPIWEB.com. The Commission will send a copy of this Report and 
Order in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 73

    Radio, Radio broadcasting.

0
Part 73 of Title 47 of the Code of Federal Regulations is amended as 
follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for Part 73 reads as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336.


Sec.  73.202  [Amended]

0
2. Section 73.202(b), the Table of FM Allotments under Minnesota, is 
amended by adding Fisher, Channel 262C1, and by removing Channel 262C1 
at Thief River Falls.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 05-20608 Filed 10-18-05; 8:45 am]
BILLING CODE 6712-01-P
Exhibit 12.2  Certification of the
Member of the Board of Management
Responsible for Finance & Controlling
Pursuant to
Section 302 of the Sarbanes-Oxley Act of 2002  CERTIFICATIONS  I, Dr. Manfred Gentz, certify
that:  1.I have reviewed
this annual report on Form 20-F of DaimlerChrysler AG;  2.Based on my
knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;  3.Based on my
knowledge, the financial statements, and other financial information included
in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the company as of, and for, the periods
presented in this report;  4.            The
companys other certifying officer(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 company and have:  (a)        Designed
such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material information
relating to the company, 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 companys disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this
report based on such evaluation; and  (c)Disclosed in this
report any change in the companys internal control over financial reporting
that occurred during the period covered by the annual report that has
materially affected, or is reasonably likely to materially affect, the
companys internal control over financial reporting; and  5.The companys
other certifying officer(s) and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the companys
auditors and the audit committee of the companys board of directors (or
persons performing the equivalent 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 companys ability to record, process, summarize and report financial
information; and  (b)Any
fraud, whether or not material, that involves management or other employees who
have a significant role in the companys internal control over financial
reporting.   Date: February 19, 2004   /s/  MANFRED GENTZDr. Manfred
  GentzMember of
  the Board of Management
  Finance & Controlling
  DaimlerChrysler AG
IN THE SUPREME COURT OF THE STATE OF DELAWARE

RAYMOND WINCHESTER,

Defendant BelowAppellant,

v.

STATE OF DELAWARE,

Plaintiff BelowAppellee.

§

§ No. 451, 2015

§

§

§

§ Court Below—Superior Court

§ of the State of Delaware,

§ in and for New Castle County

§ Cr. ID 1408023564

§

§

Submitted: August 28, 2015

 Decided: August 31, 2015

Before STRINE, Chief Justice; HOLLAND, and SEITZ, Justices.

O R D E R

This 31st day of August 2015, it appears to the Court that:

(1) On August 20, 2015, the Court received the appellant Raymond 

Winchester’s notice of appeal from a Superior Court violation of probation 

sentencing order entered on July 16, 2015. Under Supreme Court Rule 

6(a)(ii), a timely notice of appeal should have been filed on or before August 

17, 2015.

(2) The Clerk issued a notice directing Winchester to show cause 

why the appeal should not be dismissed as untimely filed. Winchester filed 

a response to the notice to show cause on August 28, 2015. He asserts that 
-2-

his appeal was untimely because he thought that he was supposed to file his 

papers by leaving them with the Department of Justice. 

(3) Winchester’s response is unavailing. Time is a jurisdictional 

requirement.1 A notice of appeal must be received by the Office of the Clerk 

of this Court within the applicable time period in order to be effective.2 An 

appellant’s pro se status does not excuse a failure to comply strictly with the 

jurisdictional requirements of Supreme Court Rule 6.3 Unless an appellant 

can demonstrate that the failure to file a timely notice of appeal is 

attributable to court-related personnel, an untimely appeal cannot be 

considered.4 Winchester’s case does not fall within this exception. 

NOW, THEREFORE, IT IS ORDERED that the appeal is 

DISMISSED.

BY THE COURT:

/s/ Leo E. Strine, Jr.

Chief Justice

 

1Carr v. State, 554 A.2d 778, 779 (Del.), cert. denied, 493 U.S. 829 (1989).

2Del. Supr. Ct. R. 10(a).

3

Smith v. State, 47 A.3d 481, 486-87 (Del. 2012).

4Bey v. State, 402 A.2d 362, 363 (Del. 1979).
**EXHIBIT 31.2**
**CERTIFICATIONS**
I, Robert M. Doyle, certify that:
1.  I have reviewed this quarterly report on Form 10-Q of Coinmach Service Corp.;
2.  Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;
3.  Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;
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 disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  b.  Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  c.  Disclosed in this report any change in the registrant’s internal control overfinancial 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 hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; 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 equivalentfunctions):
 a.  All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  b.  Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.   Date: February 14, 2005 /s/ Robert M. Doyle   Robert M. Doyle Chief Financial Officer
STATE v. Robert K. STEWART

274P15-5

Supreme Court of North Carolina.

October 24, 2018

Robert K. Stewart, for Stewart, Robert K.

Amy Kunstling Irene, Special Deputy Attorney General, for State of North Carolina.

Maureen Krueger, District Attorney, for State.

The following order has been entered on the motion filed on the 4th of September 2018 by Defendant of Objections:

"Motion Dismissed by order of the Court in conference, this the 24th of October 2018."
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 of Becoming Art Inc. (the "Company") on
Form 10-QSB for the period ended May 31, 2005 as filed with the  Securities  and
Exchange Commission on the date hereof (the "Report"),  the undersigned,  in the
capacities and on the dates indicated  below,  hereby  certifies  pursuant to 18
U.S.C.  Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley
Act of 2002, that to his 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:  July 8, 2005


---------------------------------------
Michael Hanson, President and C.E.O.
(Principal Executive Officer)
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 18

- 30181 Summary Calendar

RALPH SLAUGHTER

,

Plaintiff

- Appellant

v.

TONY CLAYTON; LEA POLK

- MONTGOMERY; BOARD OF SUPERVISORS OF SOUTHERN UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE

,

Defendant s

- Appellees

Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:09

- CV

- 190

Before HIGGINBOTHAM , JONES, and SMITH , Circuit Judges

. PER CURIAM: *

The court has carefully considered this appeal in light of the briefs,

pertinent portions of the record and the district court opinion. Finding no

reversible error of law or fact in the distri ct court’s cogent opinion, we AFFIRM

the court’s judgment in favor of the Board of Supervisors and individual

members thereof.

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED
November 12, 2018

Lyle W. Cayce Clerk Case: 18-30181 Document: 00514719291 Page: 1 Date Filed: 11/12/2018
|                                                                                                            |   |   |   |
|-----------------------------------------------------------------------------------------------------------------|--------|--------|--------|
|                                                                                                            |   |   |   |
| /s/ Alex                Kam                                                                                |   |   |   |
| Alex                Kam                                                                                         |   |   |        |
| Chief                Executive                Officer and President(principal                executive officer) |   |   |   |
|                                                                                                            |   |   |   |
| Date: October 30, 2007                                                                                          |   |   |   |

|                                                                                                                                      |   |   |   |
|-------------------------------------------------------------------------------------------------------------------------------------------|--------|--------|--------|
|                                                                                                                                      |   |   |   |
| /s/ Pan-Rong              Liu                                                                                                        |   |   |   |
| Pan-Rong              Liu                                                                                                                 |   |   |        |
| Chief              Financial              Officer(principal              financial officer and              principal accounting officer) |   |   |   |
|                                                                                                                                      |   |   |   |
| Date: October 30, 2007                                                                                                                    |   |   |   |

----