alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7554
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus TIMOTHY LEE FEWELL, Defendant - Appellant.Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert D. Potter, Senior District Judge. (CR-92-284, CA-96-444-3-P) Submitted: February 26, 1998 Decided: March 19, 1998 Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges. Dismissed by unpublished per curiam opinion. Timothy Lee Fewell, Appellant Pro Se. James Michael Sullivan, Assistant United States Attorney, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant filed an untimely notice of appeal. We dismiss for lack of jurisdiction. The time periods for filing notices of appeal are governed by Fed. R. App. P. 4. These periods are "mandatory and jurisdictional." Browder v. Director, Dep't of Corrections , 434 U.S. 257, 264 (1978) (quoting United States v. Robinson , 361 U.S. 220, 229 (1960)). Parties to civil actions where the United States is a party have sixty days within which to file in the district court notices of appeal from judgments or final orders. Fed. R. App. P. 4(a)(1). The only exceptions to the appeal period are when the district court extends the time to appeal under Fed. R. App. P. 4(a)(5) or reopens the appeal period under Fed. R. App. P. 4(a)(6).The district court entered its order on April 30, 1997; Appellant's notice of appeal was filed on September 29, 1997, which is beyond the sixty-day appeal period. Appellant's failure to note a timely appeal or obtain an extension of the appeal period leavesthis court without jurisdiction to consider the merits of Appellant's appeal. We therefore deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. 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
Exhibit 32.2



Educate, Inc.



Certification of Principal Financial Officer

Pursuant to 18 U.S.C. 1350

(Section 906 of the Sarbanes-Oxley Act of 2002)



I, Kevin E. Shaffer, Chief Financial Officer of Educate, Inc. (the Company),
certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that, to the best of my knowledge:



| | 1. | This Quarterly Report on Form 10-Q of the Company for the quarter ended September 30, 2005 (the Report) fully complies with the requirements of Section 13(a)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Kevin E. ShafferName: Kevin E. ShafferDate: November 14, 2005




A signed original of this
written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
# C_2012171EN.01000102.xml

| 16.6.2012 | EN | Official Journal of the European Union | C 171/1 |
| --- | --- | --- | --- |

16.6.2012

EN

Official Journal of the European Union

C 171/1

---

Non-opposition to a notified concentration

(Case COMP/M.6579 — Mitsubishi Corporation/Development Bank of Japan/DVB Bank SE/TES Holdings)

(Text with EEA relevance)

2012/C 171/02

On 7 June 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6579. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6579. EUR-Lex is the on-line access to the European law.

---
FI L ED U.S. COURT OF A P P E A LS E LE V E N T H C IR C U IT MARCH 15, 2007 THOMAS K. KAH

N CL ERK IN THE U NI TED STA TES C OU RT OF AP P EA LS F OR THE E LEV EN TH C IR CU IT

No. 06-11876 (D .C. Do c ke t N o. 05 -2 03 92 -C R) UNI TED STATES OF AMERI CA, Plaintiff-Appellee ,
versus DOMI NI QUE L EWI S, Def endant- Appellant.

--- --- --- --- --- --- --- --- --- On Appea l from the United States District Court for the Southern District of F lorida

--- --- --- --- --- --- --- --- -- (Opinion Novembe r 1, 2006) (Mar ch 15, 2007)

B e fo re ED MO ND SON , Ch ie f Jud g e , T JOF L AT , A ND ERS ON , B I RCH , D UB I NA , B L AC K, CA RN ES, B ARKE TT , H UL L , M AR CU S, WI L SON and PRY OR , Ci rc uit

Judg e s. B YT H E C O U R T :

A member

of this Court in active servic e havingreque sted a poll on the sug g estion of

re h ea ri n g en b an c a n d

a m aj o ri ty

o f t h e j u d ges i nth i s C o urt i nac t i v e s erv i ce h av i n g v o t edi nfa v o r o f gr an t i n g a rehe aringen banc ,

I T I S OR DE R E D t h atth e ab o v e c au s e s h al l b e r eh ea rdb y th i s co urt en b an c. T h e p re v i o u s p an el 's opinion is hereby

VACATED.
**Exhibit 32.2**

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe Quarterly Report of Gramercy Capital Corp. (the “Company”) on Form 10-Q asfiled with the Securities and Exchange Commission on the date hereof (the “Report”),I, Robert R. Foley, Chief Financial Officer of the Company, hereby certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

1.                                       TheReport fully complies with the requirements of Section 13(a) or 15(d), asapplicable, of the Securities Exchange Act of 1934, as amended; and

2.                                       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
|                | /s/ Robert R. Foley     |   |
|----------------|-------------------------|--------|
| Name:          | Robert R. Foley         |
| Title:         | Chief Financial Officer |
|           |
| August 9, 2006 |

 

----
Exhibit 32.2

CERTIFICATION BY THE CHIEF FINANCIAL OFFICER OF  ETS PAYPHONES, INC.  PURSUANT TO SECTION 906 OF  THE SARBANES-OXLEY ACT OF 2002

I, MICHAEL H. McCLELLAN, am the Chief Financial Officer of ETS Payphones, Inc. (the "Company").

This
certification is being furnished pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in connection with the filing of the
Company's Quarterly Report on Form 10-Q for the quarter ended September 30, 2004 (the "Report").

I
hereby certify that to the best of my knowledge:



Dated:
November 10, 2004

| |  | /s/MICHAEL H. MCCLELLANMichael H. McClellan
Chief Financial Officer
| |  | -------------------------------------------------------------------



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

---



QuickLinks
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 the Treasury

Under the authority granted to me as General Counsel of the Department of the Treasury, including the authority conferred by 31 U.S.C. 301 and Treasury Department Order No. 101-5 (revised), and pursuant to the Civil Service Reform Act, I hereby appoint the following individuals to the General Counsel Panel of the Legal Division Performance Review Board for Fiscal Year 2005:

James W. Carroll, Jr., Deputy General Counsel, who shall serve as Chairperson; 

Thomas M. McGivern, Assistant to the General Counsel (Legislation & Litigation); 

Russell L. Munk, Assistant General Counsel (International Affairs); 

Kenneth R. Schmalzbach, Assistant General Counsel (General Law and Ethics); 

Roberta K. McInerney, Assistant General Counsel (Banking and Finance); 

Marilyn L. Muench, Deputy Assistant General Counsel (International Affairs); 

Peter A. Bieger, Deputy Assistant General Counsel (Banking and Finance); 

Daniel P. Shaver, Chief Counsel, United States Mint; 

Robert M. Tobiassen, Chief Counsel, Alcohol and Tobacco Tax and Trade Bureau; 

Sean M. Thornton, Chief Counsel, Office of Foreign Assets Control; 

Brian L. Ferrell, Chief Counsel, Financial Crimes Enforcement Network; 

Michael J. Davidson, Chief Counsel, Bureau of Engraving & Printing; and

Margaret V. Marquette, Chief Counsel, Financial Management Service.

Dated: October 6, 2005.

Arnold I. Havens,

General Counsel.

[FR Doc. 05-20476 Filed 10-12-05; 8:45 am]

BILLING CODE 4811-37-P
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

March 24, 2008 Clifford W. Taylor, Chief Justice
135411 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 135411 COA: 280804 Livingston CC: 06-015655-FH DANNY WILLIAM GOULD, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the November 2, 2007 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REMAND th is case to the Court of Appeals for consideration, as on leave gran ted, of whether the trial court erred in scoring both offense variables 9 and 12 in connection with th e defendant's conviction for resisting and obstructing a police officer. In all other respec ts, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

l0317 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

March 24, 2008

Clerk
#### STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Michael HOLLAHAN, Respondent.

No. 1D03-0478.

District Court of Appeal of Florida, First District.

Sept. 10, 2003.

Enoch J. Whitney, General Counsel, and Michael J. Alderman, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Tallahassee, for petitioner.

Curtis S. Fallgatter, Jacksonville, for respondent.

*1113PER CURIAM.

In 1995, Michael Hollahan’s driver’s license was revoked after his fourth conviction for driving under the influence. He applied to the Department of Highway-Safety and Motor Vehicles for reinstatement of his license but the application was denied based upon section 322.28(2)(e), Florida Statutes. That statute was amended in 1998 so that reinstatement of driving privileges was no longer permitted in these circumstances. *See*Ch. 98-223, § 9, Laws of Florida.

Hollahan sought relief in the Circuit Court for Duval County by filing a petition for writ of certiorari. The court concluded that the department must have applied the pre-1998 version of the statute because a hearing was held and no such hearing would have been necessary under the later version of the statute in light of Hollaharis stipulation to the correctness of his driving record. It further found that the department’s decision to deny the application was not based on competent and substantial evidence.

For review of the circuit court’s order, the department seeks a writ of certiorari from this court. After the filing of the petition, the department filed its motion for remand based on the decision in *Florida Department of Highway Safety and Motor Vehicles v. Critchfield,*842 So.2d 782 (Fla.2003), where Chapter 98-223, Laws of Florida, was found to be in violation of the single subject requirement of the Florida Constitution. Hollahan states that he has no objection to the motion.

It is not entirely clear from the record before us that the outcome which the parties now agree is appropriate is that which was ordered by the circuit court. Accordingly, we grant the petition and quash the circuit court’s order of August 8, 2002, and remand to that court for proceedings consistent with *Critchfield.*

PETITION GRANTED.

BOOTH, VAN NORTWICK and LEWIS, JJ., concur.
[Federal Register Volume 70, Number 199 (Monday, October 17, 2005)]
[Notices]
[Page 60381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20638]


=======================================================================
-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION


Rustic Canyon Ventures SBIC, L.P., License No. 09/79-0450, Notice 
Seeking Exemption Under Section 312 of the Small Business Investment 
Act, Conflicts of Interest

    Notice is hereby given that Rustic Canyon Ventures SBIC, L.P., 2425 
Olympic Blvd., Suite 6050W, Santa Monica, CA 90404, a Federal Licensee 
under the Small Business Investment Act of 1958, as amended (``the 
Act''), in connection with the financing of a small concern, has sought 
an exemption under Section 312 of the Act and Section 107.730, 
Financings which Constitute Conflicts of Interest of the Small Business 
Administration (``SBA'') Rules and Regulations (13 CFR 107.730 (2005)). 
Rustic Canyon Ventures SBIC, L.P. proposes to provide equity security 
financing to Intrepid Learning Solutions, Inc., 411 First Avenue South, 
Suite <greek-i>300, Seattle WA 98104. The financing is contemplated for 
operating expenses and for general corporate purposes.
    The financing is brought within the purview of Sec.  107.730(a)(1) 
of the Regulations because Staenberg Private Capital, LLC and Staenberg 
Venture Partners II, L.P., both Associates of Rustic Canyon Ventures 
SBIC, L.P., own more than ten percent of Intrepid Learning Solutions, 
Inc. Therefore, Intrepid Learning Solutions, Inc., is considered an 
Associate of Rustic Canyon Ventures SBIC, L.P., as defined at 13 CFR 
107.50 of the SBIC Regulations.
    Notice is hereby given that any interested person may submit 
written comments on the transaction to the Associate Administrator for 
Investment, U.S. Small Business Administration, 409 Third Street, SW., 
Washington, DC 20416.

Jaime Guzman-Fournier,
Associate Administrator for Investment.
[FR Doc. 05-20638 Filed 10-14-05; 8:45 am]
BILLING CODE 8025-01-P
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 RealPage, Inc. (the “Company”) on Form 10-Q/A for the period ending March 31, 2019 (the “Report”), I, Stephen T. Winn, Chairman of the Board of Directors, Chief Executive Officer, President and Director of RealPage, Inc., 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) 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 RealPage, Inc.


Date: November 4, 2019





/s/ Stephen T. WinnStephen T. WinnChairman of the Board of Directors, Chief Executive Officer, President and Director


A signed original of this written statement required by Section 906 has been provided to RealPage, Inc. and will be retained by RealPage, Inc. and furnished to the Securities and Exchange Commission or its staff upon request. The foregoing certification is being 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.
EXHIBIT 31.2

CERTIFICATION OF THE CHIEF FINANCIAL OFFICER

I,
Salvatore J. Guccione, certify that:

1.     I
have reviewed this annual report on Form 10-K of ISP Chemco 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 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 registrant and have:



5.     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):



Date:
March 30, 2005

|/s/SALVATORE J. GUCCIONE |  |                                                   |  | 
|------------------------ |  | ------------------------------------------------- |  | 
|Name:                    |  | Salvatore J. Guccione                             |  | 
|Title:                   |  | Senior Vice President and
Chief Financial Officer |  | 

---



QuickLinks
Electronically Filed 

Supreme Court 

SCWC-15-0000945 

07-OCT-2016 

10:30 AM 

SCWC-15-0000945
 

IN THE SUPREME COURT OF THE STATE OF HAWAI'I
 

GERALD VILLANUEVA,


Petitioner/Petitioner-Appellant,
 

vs.
 

STATE OF HAWAI'I,


Respondent/Respondent-Appellee.
 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
 

(CAAP-15-0000945; S.P.P. NO. 15-1-0013(2)(CR. NO. 96-0078(2))
 

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
 

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
 

It appearing that the judgment on appeal in the abovereferenced matter not having been filed by the Intermediate Court 

of Appeals at the time the application for certiorari was filed, 

see Hawai'i Revised Statutes § 602-59(a) (Supp. 2013); see also 

Hawai'i Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2012), 

IT IS HEREBY ORDERED that Petitioner’s application for
 

writ of certiorari, filed September 26, 2016, is dismissed
 

without prejudice to re-filing the application pursuant to HRAP
 

Rule 40.1(a) (2014) (“The application shall be filed within
 

thirty days after the filing of the intermediate court of
 

appeals’ judgment on appeal or dismissal order, unless the time
 
for filing the application is extended in accordance with this
 

rule.”).
 

DATED: Honolulu, Hawai'i, October 7, 2016. 

/s/ Mark E. Recktenwald 

/s/ Paula A. Nakayama 

/s/ Sabrina S. McKenna 

/s/ Richard W. Pollack 

/s/ Michael D. Wilson 

2
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 the Interior

###### National Park Service

      ( print page 61641)    
Notice is hereby given in accordance with the Federal Advisory Committee Act that a meeting of the Na Hoapili O Kaloko Honokohau, Kaloko-Honokohau National Historical Park Advisory Commission will be held at 9 a.m., November 18, 2005 at Kaloko-Honokohau National Historical Park headquarters, Kailua-Kona, Hawaii.

The agenda will be on discussions on the preliminary planning for the Live-In Cultural/Education Center.

The meeting is open to the public. Disabled persons requiring special assistance should contact the Superintendent at (808) 329-6881 ext 7, seven days prior to the meeting.

Minutes will be recorded for documentation and transcribed for dissemination. Minutes of the meeting will be available to the public after approval of the full Advisory Commission. Transcripts will be available after 30 days of the meeting.

For copies of the minutes, contact Kaloko-Honokohau National Historical Park at (808) 329-6881.

Dated: October 5, 2005.

Geraldine K. Bell,

Superintendent, Kaloko-Honokohau National Historical Park.

[FR Doc. 05-21223  Filed 10-24-05; 8:45 am]

BILLING CODE 4312-6H-M