alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**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 period ending June 30, 2010 as filed with theSecurities and Exchange Commission (the “Report”), I, Thomas Manuel, ChiefExecutive Officer of Aventine Renewable Energy Holdings, Inc., certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

 

(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 material respects, the financial condition and results of operations ofthe Company.

 

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

 

 
| Date: August 4, 2010 | /s/ Thomas Manuel       |
|---------------------------|-------------------------|
|                      | Thomas Manuel           |
|                      | Chief Executive Officer |

 

1

----
#### STATE OF NORTH CAROLINA v. KENNETH REDEN SHOE

No. 7215SC756

(Filed 20 December 1972)

Appeal by defendant from *Godwin, Judge,*5 June 1972 Session of Superior Court held in Alamance County.

*Attorney General Morgan and Assistant Attorney General WaUcer for the State.*

*Lee W. Settle for defendant appellant.*

MALLARD, Chief Judge.

The defendant, in writing, pleaded guilty to a bill of indictment charging him with the felony of larceny. The judge found upon competent evidence that the plea of guilty was freely, understandingly and voluntarily made. The defendant was sentenced, as permitted by statute, to not less than four nor *162more than six years in prison. We find no prejudicial error. The judgment of the Superior Court is affirmed.

Affirmed.

Judges Morris and Hedrick concur.
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER 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 Jackson Hewitt Tax Service Inc. (the Company) on Form 10-Q for the period ended January 31, 2008, as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Michael C. Yerington, as President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, 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; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



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



|                                     
|-------------------------------------
|/s/ MICHAEL C. YERINGTON             
|Michael C. Yerington                 
|President and Chief Executive Officer
|March 10, 2008
Exhibit 32.1

              SECTION 1350 CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Jon C.  Nicolaysen,  Chief  Executive  Officer of Rancher  Energy Corp.  (the
Company),  certify,  that  pursuant to Section 1350 of Chapter 63 of Title 18 of
the United States Code:

         (1) The  Company's  Quarterly  Report  on Form  10-Q for the  quarterly
period ended  September  30,  2009,  as filed with the  Securities  and Exchange
Commission on the date hereof (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) Information  contained in the Report fairly  presents,  in all material
respects, the financial condition and results of operations of the Company as of
the dates and for the periods expressed in the Report.









/s/ Jon C. Nicolaysen
------------------------------------------
Jon C. Nicolaysen
Chief Executive Officer
November 23, 2009
| 1.     | The Quarterly Report on Form 10-Q of the Company for the quarter ended March 31, 2011 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and |
|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                                                                             |
| 2.     | The information in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.                                                                                                       |

|               |   |                                 |
|--------------------|--------|--------------------------------------|
| Date: May 10, 2011 | By:    | /s/ John A. Kite                     |
|               |   | John A. Kite                         |
|               |   | Chairman and Chief Executive Officer |

|  Date: May 10, 2011 | By:    | /s/ Daniel R. Sink      |
|--------------------------|--------|-------------------------|
|                     |   | Daniel R. Sink          |
|                     |   | Chief Financial Officer |
Exhibit 32.1
 
 Certification of Chief Executive Officer and Chief Financial Officer
 Pursuant to
 18 U.S.C. Section 1350
 
 In connection with the Quarterly Report on Form 10-Q of Ares Capital Corporation (the “Company”) for the quarter ended September 30, 2020 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), R. Kipp deVeer, as Chief Executive Officer of the Company, and Penni F. Roll, as Chief Financial Officer of the Company, each 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 the best of his or her 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: October 27, 2020/s/ R. KIPP DEVEERR. Kipp deVeerChief Executive Officer (principal executive officer)Date: October 27, 2020/s/ PENNI F. ROLLPenni F. RollChief Financial Officer (principal financial 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 Ares Capital Corporation and will be retained by Ares Capital Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
#### STATE OF NORTH CAROLINA v. ROBERT GREEN

No. 7410SC744

(Filed 20 November 1974)

Appeal by defendant from *Godwin, Judge,*13 May 1974 Session of Superior Court held in Wake County.

Heard in Court of Appeals 24 September 1974. ■

Defendant was convicted by a jury of breaking and entering Vance Elementary School near Raleigh on 24 November 1973 and stealing food products valued at $90.00. The charges were consolidated for judgment, and defendant received a prison sentence of 4 to 6 years.

From this judgment defendant has appealed. .

*745
      *Attorney General James H. Carson, Jr., by Associate Attorney Archie W. Anders, for the State.*

*Charles A. Parlato for defendant appellant.*

BALEY, Judge.

Both defense counsel and the Attorney General have been unable to find any prejudicial error in the trial. The evidence presented by the State was overwhelming. It included witnesses who saw the break-in and who discovered the stolen property in defendant’s possession within a few minutes after it was removed from the school. The exception to the judgment presents the face of the record proper for review. We have carefully examined the record and find no error.

No error.

Judges Moréis and Hedrick concur.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23

- 1560

BRITTANY FLUTE , Plaintiff

- Appellant ,

v.
KRISTI JOHNSON

- FORD, HR Manager; ADRIENE SCHIFRIEN, MLS Manager; KAREN BRESSLER, Client Service Supervisor; MELVIN CAUTHEN, Manager III, STD, HIV Services; KIMBERLY TOWNSEND, Head of Dennis AVE , Defendants

- Appellees

.

Appeal from the United States District Court for the District of Maryland , at Greenbelt

. Deborah Lynn Boardman , District Judge. ( 8:22

- cv - 03344

- DLB )

Submitted : October 31 , 2023 Decided: November 2, 2023

Before HARRIS and QUATTLEBAUM , Circuit Judges , and KEENAN, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

.
Brittany Flute, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1560 Doc: 5 Filed: 11/02/2023 Pg: 1 of 22 PER CURIAM: Brittany Flute seeks to appeal the district court’s February 24, 2023, order dismissing without prejudice her employment discrimination complaint for failure to comply with the court’s prior order directing her to amend the complaint. However, after Flute noted her appeal, the district court reopened her case and expressly rescind ed its February 24 order. The court subsequently entered a final order, but Flute did not file a new notice of appeal. As such, there is no district court order presently before this court
for review

. Accordingly, we dismiss the appeal for lack of jurisdiction. See United
States v. Doe , 962 F.3d 139, 143 (4th Cir. 2020) (noting that “we have jurisdiction only over final orders and certain interlocutory and collateral orders”). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED USCA4 Appeal: 23-1560 Doc: 5 Filed: 11/02/2023 Pg: 2 of 2
Exhibit 99.1

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

Michael V.  Shustek,  as Chief  Executive  Officer and Director of Vestin Group,
Inc., (the  "Registrant"),  and John W. Alderfer,  as Chief Financial Officer of
Vestin Group, Inc., hereby certify, pursuant to 18 U.S.C.ss.1350, that

     (1)  the Registrant's  Transition  Report on Form 10-KSB for the year ended
          December  31,  2002,  as  filed  with  the   Securities  and  Exchange
          Commission on the date hereof (the "Report"),  fully complies with the
          applicable  requirements  of  Section  13(a) or  Section  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 Registrant.


Dated: April 30, 2003                       /s/ Michael V. Shustek
                                            ------------------------------------
                                            Michael V. Shustek
                                            Chief Executive Officer and Director

Dated: April 30, 2003                       /s/ John W. Alderfer
                                            ------------------------------------
                                            John W. Alderfer
                                            Chief Financial Officer
JULIAN RAY FOX, III,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D17-1477

_____________________________/

Opinion filed October 4, 2017.

An appeal from the Circuit Court for Alachua County.

James M. Colaw, Judge.

Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, 

Tallahassee, for Appellant; Julian Ray Fox, III, pro se, Appellant. 

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

ROWE, MAKAR, and BILBREY, JJ., CONCUR.
Exhibit 31.2

CERTIFICATION PURSUANT TO 13A-14 OF THE  SECURITIES EXCHANGE ACT OF 1934, AS ADOPTED PURSUANT  TO SECTION 302 OF THE SARBANES-OXLEY ACT

I, MICHAEL H. MCCLELLAN, Chief Financial Officer certify that:

1.     I
have reviewed this quarterly report on Form 10-QSB of ETS Payphones, Inc.;

2.     Based
on my knowledge, this quarterly 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 quarterly report;

3.     Based
on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial
condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly 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-14 and 15d-14) for the registrant and we have:



5.     The
registrant's other certifying officer and I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of registrant's
board of directors (or persons performing the equivalent function):



6.     The
registrant's other certifying officer and I have indicated in this quarterly report whether there were significant changes in internal controls or in other factors
that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material
weaknesses.

Date:
November 10, 2004

| |  | /s/MICHAEL H. MCCLELLANMichael H. McClellan
Executive Vice President,
Chief Financial Officer and Treasurer
| |  | -----------------------------------------------------------------------------------------------------------

---



QuickLinks
Exhibit 32.2

Certification

I, Ingrid G. Safranek, certify, pursuant to Rule 13(a)-14(b) or Rule 15(d)-14(b) of the Securities Exchange Act of 1934 and 18
U.S.C. Section 1350, that (i) the Quarterly Report on Form 10-Q of MMRGlobal, Inc. for the quarterly period ended September 30, 2010
fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii) the information contained
in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations
of MMRGlobal, Inc.

|                      
|----------------------
|/s/ Ingrid G. Safranek
|Name:                 
|Title:                
|Date:                 

The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, and is not being "filed" as part of the Form 10-Q or as a separate disclosure document
for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to liability
under that section. This certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of
1933, as amended, or the Exchange Act except to the extent that this Exhibit 32.2 is expressly and specifically incorporated by
reference in any such filing.

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.

---
null

2016-04-13

66.54668

eng - Argued: 2016-04-13. Docket number: 4-15-0436
Presidential Documents

60397 

Federal Register 

Vol. 70, No. 199 

Monday, October 17, 2005 

Title 3— 

The President 

Presidential Determination No. 2005–38 of September 26, 2005 

Presidential Determination Relating to Assistance for Saudi 

Arabia 

Memorandum for the Secretary of State 

Pursuant to the authority vested in me by the Constitution and the laws 

of the United States, including section 575 of the Foreign Operations, Export 

Financing, and Related Programs Appropriations Act, 2005 (FY 2005 FOAA) 

(Div. D, Public Law 108–447), I hereby certify that Saudi Arabia is cooperating 

with efforts to combat international terrorism and that the proposed assistance 

will help facilitate that effort, and hereby waive the application of section 

575 of the FY 2005 FOAA, as well as any provision of law that is the 

same or substantially the same as such provision, including subsequently 

enacted provisions. 

You are directed to report this certification to the Congress and publish 

it in the Federal Register

W 

. 

THE WHITE HOUSE, 

Washington, September 26, 2005. 

[FR Doc. 05–20853 

Filed 10–14–05; 8:45 am] 

Billing code 4710–10–P
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 07-2740

___________

Michael T. Risinger, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the Western

* District of Missouri.

*

Michael J. Astrue, * [UNPUBLISHED]

Commissioner, Social Security *

Administration, * 

*

Appellee. *

___________

Submitted: March 10, 2008

Filed: March 28, 2008

___________

Before RILEY, GRUENDER, and SHEPHERD, Circuit Judges.

___________

PER CURIAM.

After a hearing, an administrative law judge (ALJ) denied Michael T. Risinger’s

application for disability insurance benefits, finding that the Commissioner of Social

Security properly found, at step four of the social security sequential analysis, 20

C.F.R. §§ 404.1520(a)-(f), that Risinger had the residual functional 
1

The Honorable Nanette K. Laughrey, United States District Judge for the

Western District of Missouri.

-2-

capacity to perform his past relevant work as a fast food worker. The Appeals

Council denied further review, and the district court1

 affirmed the denial of benefits.

After carefully reviewing the administrative record and the parties’ briefs, Hepp

v. Astrue, 511 F.3d 798, 806 (8th Cir. 2008) (de novo standard of review), we agree

with the district court’s affirmance of the Commissioner’s decision. The record

reflects that Risinger’s treating physician, Dr. Barton, gave two conflicting opinions

about Risinger’s physical abilities within the same document. Neither of Dr. Barton’s

conclusory opinions as to Risinger’s physical abilities were supported by objective

medical evidence. Risinger’s description of his activities of daily living in his

testimony before the ALJ, as well as his reports to other physicians, belie the level of

restriction Dr. Barton’s opinions place on Risinger. None of the other physicians who

examined Risinger, at the request of either the Commissioner or Dr. Barton, found it

necessary to so severely restrict Risinger’s activities. The ALJ acknowledged Dr.

Barton’s opinions; however, the ALJ did not abuse his discretion in discounting these

opinions in light of the inconsistent evidence of record. The ALJ correctly discounted

the opinion of the treating physician. Samons v. Astrue, 497 F.3d 813, 819 (8th Cir.

2007) (ALJ is entitled to discount the opinion of treating physician when the opinion

is conclusory or inconsistent with the evidence of record). Further, we find the district

court properly concluded that the Commissioner’s denial of Risinger’s application for

disability benefits was supported by substantial evidence. Flynn v. Astrue, 513 F.3d

788, 792 (8th Cir. 2008) (Social Security Commissioner’s denial of benefits must be

supported by substantial evidence based on the record as a whole).

Accordingly, we affirm. See 8th Cir. R. 47B. 

______________________________
IN THE SUPREME COURT OF PENNSYLVANIA 

MIDDLE DISTRICT 

In Re: Petition of Michael J. Piskanin 

Appeal of: Michael J. Piskanin

: 

: 

: 

: 

: 

No. 58 MAP 2014 

ORDER 

PER CURIAM FILED: November 6, 2014 

AND NOW, this 6th day of November, 2014, the above captioned appeal is 

quashed for failure to file a brief.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-7510

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

WILLIE MITCHELL,

Defendant - Appellant.

Appeal from the United States District Court for the District of 

South Carolina, at Charleston. David C. Norton, District Judge. 

(2:10-cr-00562-DCN-1; 2:14-cv-02580-DCN)

Submitted: February 23, 2016 Decided: February 25, 2016

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Willie Mitchell, Appellant Pro Se. Robert Nicholas Bianchi, 

OFFICE OF THE UNITED STATES ATTORNEY, Charleston, South 

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Willie Mitchell seeks to appeal the district court’s order 

denying relief on his 28 U.S.C. § 2255 (2012) motion. The order 

is not appealable unless a circuit justice or judge issues a 

certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 

A certificate of appealability will not issue absent “a 

substantial showing of the denial of a constitutional right.” 

28 U.S.C. § 2253(c)(2) (2012). When the district court denies 

relief on the merits, a prisoner satisfies this standard by 

demonstrating that reasonable jurists would find that the 

district court’s assessment of the constitutional claims is 

debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 

When the district court denies relief on procedural grounds, the 

prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the motion states a debatable 

claim of the denial of a constitutional right. Slack, 529 U.S. 

at 484-85. 

We have independently reviewed the record and conclude that 

Mitchell has not made the requisite showing. Accordingly, we 

deny a certificate of appealability and dismiss the appeal. We 

dispense with oral argument because the facts and legal 
3

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED