alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-10275

Summary Calendar

 

MICHAEL TAYLOR,

Plaintiff-Appellant,

versus

DON CARPENTER, Sheriff; DR., HOLBROOK, Practitioner; FORT WORTH

COUNTY JAIL; WAYNE SCOTT, Texas Department of Criminal Justice,

Institutional Division,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:02-CV-49-Y

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

June 13, 2002

Before JONES, SMITH and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Michael Taylor, Texas prisoner # 475730, requests leave to

proceed in forma pauperis (IFP) on appeal. There is a question

whether Taylor’s notice of appeal is effective, given that his

“Motion of Objections” was filed within 10 days of the final

judgment and was never expressly ruled upon by the district

court, though the court later denied Taylor’s IFP request upon
No. 02-10275

-2-

determining that his appeal lacked merit. See Harcon Barge Co.

v. D & G Boat Rentals, Inc., 784 F.2d 665, 668-69 (5th Cir. 1986)

(en banc); Burt v. Ware, 14 F.3d 256, 259-61 (5th Cir. 1994).

We need not remand the case for a ruling on that motion

because Taylor has not demonstrated that his appeal is not

frivolous and is thus being taken in good faith. See Baugh v.

Taylor, 117 F.3d 197, 202 (5th Cir. 1997); Howard v. King, 707

F.2d 215, 220 (5th Cir. 1983); see also United States v. Alvarez,

210 F.3d 309, 310 (5th Cir. 2000). Taylor’s IFP motion merely

repeats several of the delusional allegations he asserted in his

42 U.S.C. § 1983 complaint, which the district court found to be

factually frivolous. 

Taylor’s IFP motion is DENIED. His motion for the

production of documents is DENIED. His appeal is DISMISSED AS

FRIVOLOUS. 5TH CIR. R. 42.2.
EXHIBIT 23

                       CONSENT OF INDEPENDENT ACCOUNTANTS

         As independent  public accountants, we consent to  the incorporation by
reference in this registration statements of Site2shop.com,  Inc. on Form S-8 of
our report dated March 1, 2000,  included in Site2shop.com,  Inc., Annual Report
on Form  10-KSBfor the year ended  December 31, 2000 and 1999, and for the years
then ended,  and to all  references  to our Firm  included in this  registration
statement.



/s/ Feldman Sherb & Co., P.C.

New York, New York
March 23, 2001
No. 99-10957

-1-

 

* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-10957

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FRANCISCO SALAZAR CAVAZOS, also known as Paco,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No.4:98-CR-108-5-E

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

February 16, 2000

Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Francisco Salazar Cavazos appeals the district court’s

denial of his request for a minimal or minor participant

adjustment under § 3B1.2 of the Sentencing Guidelines, a factual

determination which we review for clear error. See United States

v. Flucas, 99 F.3d 177, 178 (5th Cir. 1996). Although Cavazos

contends that he was only a courier, it does not necessarily

follow that he was a minor or minimal participant, particularly 

given the large quantity of cocaine involved. See United States

v. Rojas, 868 F.2d 1409, 1410 (5th Cir. 1989). Further, Cavazos
No. 99-10957

-2-

was admittedly involved over a four-day period in coordinating

the transportation and delivery of the cocaine. Thus, he was not

substantially less culpable than other participants. See United

States v. Buenrostro, 868 F.2d 135, 136 (5th Cir. 1989).

Because we find that the district court could properly deny

Cavazos a reduction for either minor or minimal participation, we

need not reach the issue of whether Cavazos preserved the minor

participant issue for appeal. See United States v. HinojosaLopez, 130 F.3d 691, 693 n.1 (5th Cir. 1997). 

AFFIRMED.
EXHIBIT 32.1


CERTIFICATION OF CHIEF EXECUTIVE OFFICER


PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)


In connection with the quarterly report on Form 10-Q for the period ended December 31, 2021 (the “Report”) of Prospect Capital Corporation (the “Registrant”), as filed with the Securities and Commission on the date hereof, I, John F. Barry III, Chairman of the Board and Chief Executive Officer of the Registrant, hereby certify, to the best of my knowledge, 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 Registrant.


Date:February 8, 2022/s/ JOHN F. BARRY IIIJohn F. Barry IIIChairman of the Board and Chief Executive Officer


A signed original of this written statement required by 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 Prospect Capital Corporation and will be retained by Prospect Capital Corporation and furnished to the Securities and Exchange Commission or its staff upon request.


The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. ss. 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and are not to be incorporated by reference into any filing of the Registrant, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
EXHIBIT 99.1



 

 

 



 

 



 

 

 



 

 



 

 

 



 

 



 

 

 



 

 



 

 

 



 

 



 

 

 



 

 



 

 

 



 

 



 

 

 



 

 



 

 

 



 

 



 

 

 



 

 



 

 

 



 

 



 

 

 



 

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EXHIBIT 32 
 
 CERTIFICATIONS 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 report of Ridgewood Energy K Fund, LLC (the “Fund”) on Form 10-Q for the period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned officers of the Fund hereby certifies, 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 the Report fairly presents, in all material respects, the financial condition and results of operations of the Fund.
 
 Dated:
May 10, 2011
By:
/s/


ROBERT E. SWANSONName:


Robert E. SwansonTitle:


Chief Executive Officer(Principal Executive Officer)Dated:
May 10, 2011
By:
/s/


KATHLEEN P. MCSHERRYName:


Kathleen P. McSherryTitle:


Executive Vice President and Chief Financial Officer(Principal Financial Officer)
  
 
 A signed original of this written statement or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement has been provided to Ridgewood Energy K Fund, LLC and will be retained by Ridgewood Energy K Fund, LLC and furnished to the Securities and Exchange Commission or its staff upon request.
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 Justice

###### Antitrust Division

                    Notice is hereby given that, on September 20, 2004, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), Technical Association of the Pulp and Paper Industry, Inc. (“TAPPI”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the name and principal place of business of the standards development organization and (2) the nature and scope of its standards development activities. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.                 

Pursuant to section 6(b) of the Act, the name and principal place of business of the standards development organization is: Technical Association of the Pulp and Paper Industry, Inc., Norcross, GA. The nature and scope of TAPPI's standards development activities are: Testing procedures and related practices used in the measurement, evaluation, and description of pulp, paper, and related products, including raw materials used in their manufacture, use, or in scientific investigations of any such substances.

Dorothy B. Fountain,

Deputy Director of Operations, Antitrust Division.

[FR Doc. 05-1969  Filed 2-1-05; 8:45 am]

BILLING CODE 4410-11-M
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.                  

###### Small Business Administration

          - [Disaster Declaration # 10180 and # 10181] 

# AGENCY:

Small Business Administration. 

# ACTION:

Amendment 2. 

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for the State of Alabama (FEMA-1605-DR), dated August 29, 2005. 

*Incident:*                         Hurricane Katrina.                     

*Incident Period:*                         August 29, 2005 and continuing through September 26, 2005.                     

*Effective Date:*                         September 26, 2005.                     

*Physical Loan Application Deadline Date:*                         October 28, 2005.                     

*EIDL Loan Application Deadline Date:*                         May 29, 2006.                     

# ADDRESSES:

Submit completed loan applications to: Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. 

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, Small Business Administration, 409 3rd Street, Suite 6050, Washington, DC 20416.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for the State of Alabama, dated August 29, 2005, is hereby amended to establish the incident period for this disaster as beginning August 29, 2005 and continuing through September 26, 2005. 

All other information in the original declaration remains unchanged. 

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008) 

Herbert L. Mitchell, 

Associate Administrator for Disaster Assistance. 

[FR Doc. 05-20643 Filed 10-14-05; 8:45 am] 

BILLING CODE 8025-01-P
Exhibit 10.13

COMPENSATION TO OUTSIDE DIRECTORS



|                                                                                          |  |      |        |      |   |       
|----------------------------------------------------------------------------------------- |  | ---- | ------ | ---- | - | ------
|                                                                                          |  | 2006 |        | 2005
|Annual Retainer Fee:                                                                      |  | $    | 25,000 |      | $ | 25,000
|Annual Fee for Committee Chairmanships:                                                   |  | $    | 5,000  |      | $ | 5,000 
|Attendance Fee for Board Meetings (includes telephonic attendance):                       |  | $    | 2,500  |      | $ | 2,500 
|Attendance Fee by Committee Member at Committee Meeting (includes telephonic attendance): |  | $    | 1,000  |      | $ | 1,000 

All reasonable out-of-pocket travel expenses, which are incurred in connection with Board and Committee meetings
will be reimbursed. In addition, the Outside Directors received $50,000 in stock grants in 2005 for prior service. The Outside Directors will receive stock grants in the future.
#### STATE OF NORTH CAROLINA v. TERRY LANCE DOBSON

No. 7319SC568

(Filed 12 September 1973)

Appeal by defendant from judgment entered by *Johnston, Judge,*at 30 April 1972 Session of Rowan County Superior Court.

The defendant was charged in three separate bills of indictment with (1) felonious larceny of an automobile, (2) with common law robbery, and (3) with felonious assault.

The defendant entered a plea of guilty to each of the charges. The trial judge questioned the defendant on oath pertaining to his plea of guilty to the three felonies, and, thereafter, upon substantiating evidence, adjudicated that the defendant entered the pleas freely, understanding^ and voluntarily without any undue influence, compulsion or duress and without promise of any leniency. The defendant was represented by counsel.

From judgment of imprisonment entered upon the pleas, the defendant appealed.

*Attorney General Robert Morgan by Associate Attorney Rolf F. Haskell for the State.*

*: Carlton, Rhodes and Thurston by Gary C. Rhodes for the defendant appellant.*

CAMPBELL, Judge.

We have carefully reviewed the record. in this case and find no prejudicial error.

No error.

Judges Vaughn and Baley concur.
# C_2010176EN.01S00301.xml

| 2.7.2010 | EN | Official Journal of the European Union | C 176/s3 |
| --- | --- | --- | --- |

2.7.2010

EN

Official Journal of the European Union

C 176/s3

---

NOTICE

On 2 July 2010, in Official Journal of the European Union C 176 A, the ‘Common catalogue of varieties of vegetable species — Fourth supplement to the 28th complete edition’ will be published.

Official Journal of the European Union

Subscribers to the Official Journal may obtain the same number of copies and language versions of this Official Journal as those to which they subscribe free of charge. They are requested to return the attached order form, duly completed and bearing their subscription registration number (code appearing on the left of each label and beginning with: O/...). This Official Journal will remain available free of charge for one year from the date of its publication.

Non-subscribers can order this Official Journal against payment from one of our sales offices (see http://publications.europa.eu/others/agents/index_en.htm).

This Official Journal — like all Official Journals (L, C, CA, CE) — can be consulted free of charge online at http://eur-lex.europa.eu

Image

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**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 16**  **- 1960** 

RI ’ CHA RI SANCHO , Plaintiff

- Appellant ,

v.
ANDERSON SCHOOL DISTRICT FOUR , Defendant

- Appellee

.

Appeal from the United States District Court for the District of South Carolina , at Anderson

. Henry M. Herlong, Jr., Senior District Judge. ( 8:15

- cv - 01353

- HMH )

Submitted : January 30, 2017 Decided: February 16, 2017

Before DIAZ and HARRIS , Circuit Judges , and DAVIS, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.

Ri ’ Cha ri Sancho , Appellant Pro Se. Allison Aiken Hanna , Mary Allison Caudell , CHILDS & HALLIGAN , Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM :
Ri’Cha ri Sancho appeals the district court ’ s order accepting the recommendation of the magistrate judge and granting summary judgment to Anderson School District Four on her claims of a hostile work environment, disparate treatment, and retaliation, in violation of Title VII of the Civil Rights
Act of 1964, as amended, 42 U.S .C. §§ 2000e to 2000e

– 17 (2012)

. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district

court. * Sancho v. Anderson Sch. Dist. Four , No. 8:15

- cv - 01353

- HMH (D.S.C. Aug. 3, 2016). We dispense with oral argument because the facts and legal contentions are adequately presented
in the materials before th is court and argument would not aid the decisional process.

AFFIRMED

* To the extent that Sancho requests a payment plan for her mediation fee, Sancho should direct her request to the district court in the first instance.
STATE v. Thomas Craig CAMPBELL

252PA14-3

Supreme Court of North Carolina.

October 1, 2018

Barbara S. Blackman, Hannah H. Love, Assistant Appellate Defenders, for Campbell, Thomas Craig

Teresa M. Postell, Assistant Attorney General, Mike Miller, District Attorney, for State of North Carolina

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 1st of October 2018 by Defendant:

"Motion Allowed by order of the Court in conference, this the 1st of October 2018."

Defendant shall have up to and including the 7th day of November 2018 to file and serve his/her brief with this Court.
**EXHIBIT 32.1**

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection with theQuarterly Report of Aventine Renewable Energy Holdings, Inc. (the “Company”) on Form 10-Q for the periodending June 30, 2007 as filed with the Securities and Exchange Commission (the “Report”),I, Ronald H. Miller, ChiefExecutive Officer of Aventine Renewable Energy Holdings, Inc., certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge andbelief:

(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 allmaterial respects, the financial condition and results of operations of theCompany.

A signed original of thiswritten statement required by Section 906 has been provided to AventineRenewable Energy Holdings, Inc.and will be retained by Aventine Renewable Energy Holdings, Inc. and furnished to the Securities and ExchangeCommission or its staff upon request.

/s/  Ronald H.Miller            

Ronald H. Miller

Chief Executive Officer

August 10, 2007

 

----
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JAGTAR SINGH,

 Petitioner,

 v.

LORETTA E. LYNCH, Attorney General,

 Respondent.

No. 12-72584

Agency No. A079-287-634

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted October 20, 2015** 

San Francisco, California

Before: PAEZ, MURGUIA, and HURWITZ, Circuit Judges.

Jagtar Singh (“Singh”) petitions for review of the Board of Immigration

Appeals’ (“BIA”) decision denying his motion to reopen proceedings for asylum,

withholding of removal, and relief under the Convention Against Torture (“CAT”). 

We deny the petition.

FILED

NOV 10 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

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

except as provided by 9th Cir. R. 36-3.

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

without oral argument. See Fed. R. App. P. 34(a)(2).
1. Singh does not dispute that his motion to reopen was untimely. Instead, he

argues that he is excused from the ninety-day time limit. Singh does not, however,

allege evidence of “changed country conditions” that “is material and was not

available and would not have been discovered or presented at the previous

proceeding.”1 See 8 U.S.C. § 1229a(c)(7)(C)(ii); 8 C.F.R. § 1003.2(c)(3)(ii). 

2. Singh asserts that two individuals fraudulently prepared his asylum

application, and he now seeks to apply for asylum under the facts he alleged in a

previous asylum application that he filed in Canada. But this does not constitute

“changed country conditions.” First, the grounds for Singh’s motion relate only to

his personal circumstances, which do not provide a basis to excuse the ninety-day

deadline. See Chen v. Mukasey, 524 F.3d 1028, 1031-34 (9th Cir. 2008). Second,

the circumstances surrounding the filing of Singh’s initial asylum application are

facts that could have been discovered or presented at the prior hearing. Indeed, the

main focus of the merits hearing was the very fraudulent conduct that Singh now

seeks to rely on in his motion to reopen. When given the opportunity by the IJ,

Singh could have abandoned his fraudulent application and proceeded under the

1

 Contrary to Singh’s arguments, the same time restrictions apply regardless

of whether the motion to reopen seeks to revive a claim under the Immigration and

Nationality Act or under CAT. See Go v. Holder, 744 F.3d 604, 609 (9th Cir.

2014).

2
facts alleged in his Canadian application. Instead, Singh stood by his fraudulent

application. In sum, Singh failed to demonstrate “changed country conditions” that

would excuse the untimely filing of his motion to reopen. No other exception to

the ninety-day time limit applies, and Singh did not argue that he was entitled to

equitable tolling. We therefore conclude that the BIA did not abuse its discretion

in denying Singh’s motion to reopen as untimely. 

3. Singh’s additional arguments are without merit. 

DENIED.

3
Exhibit 32.2  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  --------------------------------------------------------------------   In connection with the Quarterly Report of StrikeForce Technologies, Inc. (the "Company") on Form 10-Q for the quarter ended June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Mark Joseph Corrao, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2001, that:   The Report 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 Report fairly presents, in all material respects, the financial condition and results of operations of the Company.   Dated: August 18, 2009  /s/ Mark Joseph Corrao Mark Joseph Corrao Chief Financial Officer