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

No. 18
- 6840

WALTER DOUGLAS JENKINS , Petitioner

- Appellant ,

v. DAVID ZOOK, Warden , Respondent

- Appellee

.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria

. Claude M. Hilton, Senior District Judge. ( 1:18

- cv - 00761

- CMH

- IDD )

Submitted : November 19, 2018 Decided: November 30, 2018

Before DUNCAN and FLOYD , Circuit Judges , and TRAXLER, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

. Walter Douglas Jenkins , Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Walter Douglas Jenkins seeks to appeal the district court’s order dismissing his
28 U.S.C. § 2254 (2012) petition as successive and unauthorized . The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (201 2). 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 demonstra ting 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 petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have indep endently reviewed the record and conclude that Jenkins has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, deny Jenkins’ motion for appointment of counsel, and dismiss the appea l. 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
#### STATE v. CLARK

No. 150 PC.

Case below: 25 N.C. App. 677

Petition for writ of certiorari to North Carolina Court of Appeals denied 25 August 1975.
Case 1:07-cv-03363-GBD Document 3 Filed 05/07/2007 Page 1 of 3Case 1:07-cv-03363-GBD Document 3 Filed 05/07/2007 Page 2 of 3Case 1:07-cv-03363-GBD Document 3 Filed 05/07/2007 Page 3 of 3
EXHIBIT 31.2



CERTIFICATION



I, Lawrence C. Maingot, certify that:



1.

I have reviewed this annual report on Form 10-K of Bairnco Corporation;



2.

Based on my knowledge, this annual 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 officers 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 we 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 annual report is being prepared;



b)

[Reserved]



c)

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



d)

disclosed in this report any change in the companys internal control over financial reporting that occurred during the companys most recent fiscal quarter 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 officers 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:

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:

March 10, 2005

/s/ Lawrence C. Maingot

Lawrence C. Maingot

Controller & Chief Accounting Officer



#
form10kexh1021_082409.htm


EXHIBIT 10.20



 

 

Narrative Summary of American Consumers, Inc.

Executive Officer Base Salaries for Fiscal 2010





The following table sets forth the base salary established for the fiscal year ending in May 2010 for the Chairman and Chief Executive Officer of American Consumers, Inc. (the “Company”), the only executive officer of the Company who qualifies as a “named executive officer” pursuant to Item 402(m)(2) of Securities and
Exchange Commission Regulation S-K.  The Board of Directors of the Company, acting upon the recommendations of management and the Board’s Compensation Committee, has elected to leave the Chief Executive Officer’s base salary unchanged from his base salary for the Company’s 2009 fiscal year.

 

 



	
Name:
	
Title:
	
Annual Base Salary:

	
Michael A. Richardson
	
Chairman of the Board, President

and Chief Executive Officer
	
$88,400
CERTIFICATE OF SERVICE

 I hereby certify that on this 12th day of June, 2007, I caused a copy of the foregoing 

ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT to be served via first-class 

mail, postage prepaid, on the following: 

LEVIN PAPANTONIO THOMAS MITCHELL ECHSNER & PROCTOR PA 

Timothy O’Brien 

316 South Baylen Street 

Suite 600 

Pensacola, FL 32502 

P.O. Box 12308 

Pensacola, FL 32591 

 The above addresses have appeared on the prior papers in this action as the office address 

of the attorneys for Plaintiff. 

 Deponent is over the age of 18 years and not a party to this action. 

 I further certify under penalty of perjury that under the laws of the United States of 

America the foregoing is true and correct. 

Executed on June 12, 2007 

 /s/ 

 Sarah A. Binder 

Case 1:07-cv-03467-JFK Document 6-2 Filed 06/12/2007 Page 1 of 1
Exhibit 32.2





CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO


SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002





I, Michael Willoughby, certify that:





1. I have reviewed this Amendment No. 1 to Annual Report on Form 10-K of PFSweb, Inc.; and





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.











By:/s/Michael WilloughbyMichael WilloughbyChief Executive Officer





Date: April 30, 2019
#### American Defense Society, Incorporated, Respondent, *v.*The Sherman National Bank of New York, Appellant.

Reported below, 176 App. Div. 250.

(Argued September 30, 1918;

decided October 8, 1918.)

Motion to dismiss an appeal from a judgment entered February 13, 1917, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendant entered upon a verdict directed by the court and directing judgment in favor of plaintiff in an action to recover the amount of certain checks alleged to have been improperly paid by the defendant bank.

The motion was made upon the grounds that no question of law was involved; that the reversal was upon the facts, and that the exceptions were frivolous.

*H. W. Newburger*for motion. ■

*John Kirkland Clark*opposed.

Motion denied, with ten dollars costs and necessary printing disbursements.
Case 1:07-cv-03512-JSR Document 30 Filed 01/28/2008 Page 1 of 3Case 1:07-cv-03512-JSR Document 30 Filed 01/28/2008 Page 2 of 3Case 1:07-cv-03512-JSR Document 30 Filed 01/28/2008 Page 3 of 3
UNITED STATES DISTRICT COURT .......... SOUTHERN DISTRICT OF NEW YORK ...................................................... X 

IN RE: Fosarnas Products LiabiIity 

Litigation 1 :06-md-1789 (JFK) 

ORDER 

Tilts Document Re1art.s to: All Actions 

SEE ATTACHED 

Case 1:07-cv-03466-JFK Document 8 Filed 09/12/2007 Page 1 of 2
Case 1:07-cv-03466-JFK Document 8 Filed 09/12/2007 Page 2 of 2
**Exhibit 32.2**

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

In connection withthe Annual Report of Symyx Technologies, Inc. (the “Company”) on Form 10-Kfor the period ended December 31, 2005 as filed with the Securities andExchange Commission (the “Report”), I, Jeryl L. Hilleman, Executive VicePresident and Chief Financial Officer of the Company, hereby certify as of thedate hereof, solely for purposes of Title 18, Chapter 63, Section 1350 ofthe United States Code, that to the best of my knowledge:

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

2)               The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company at the dates andfor the periods indicated.

ThisCertification has not been, and shall not be deemed, “filed” with theSecurities and Exchange Commission.
|        | By:    | /s/ JERYL L. HILLEMAN      |
|--------|--------|----------------------------|
|   |   | Jeryl L. Hilleman          |
|   |   | Executive Vice  President, |
|   |   | Chief Financial  Officer   |
|   |   | March 6,  2006        |

 

----
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUL-31-1999
<PERIOD-START>                             AUG-01-1999
<PERIOD-END>                               OCT-31-1999
<CASH>                                           2,593
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 2,593
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                          195,056
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       749,950
<OTHER-SE>                                   (942,413)
<TOTAL-LIABILITY-AND-EQUITY>                     2,593
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 6,758
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (6,758)
<INCOME-TAX>                                       800
<INCOME-CONTINUING>                            (7,558)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (7,558)
<EPS-BASIC>                                     (0.02)
<EPS-DILUTED>                                   (0.02)


</TABLE>
#### STATE v. MURPHY

No. 81 PC

Case below: 47 NC App 375

Application by defendant for further review denied 2 December 1980.
EXHIBIT 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of Korn/Ferry International, a Delaware corporation (the Company), hereby certifies that, to his best knowledge:



| | (a) | the Quarterly Report on Form 10-Q for the quarter ended October 31, 2005 (the Report) of the Company fully complies with the requirements of section 13(a) or 15(d)
of the Securities Exchange Act of 1934; and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|Dated: | December 9, 2005
|------ | ----------------



By:

/s/ PAUL C. REILLYName: Paul C. ReillyTitle: Chairman and Chief Executive OfficerBy:

/s/ GARY D. BURNISONName: Gary D. BurnisonTitle:

Chief Operating Officer, Chief Financial Officer and Executive Vice President
**Exhibit 32.2**

 

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

**AS ADOPTED PURSUANT TO**

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

Inconnection with the Quarterly Report on Form 10-Q of Keane, Inc. forthe period ended March 31, 2005 as filed with the Securities and ExchangeCommission on the date hereof (the "Report"), I, John J. Leahy SeniorVice President of Finance and Chief Financial Officer, certify, pursuant to 18U.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) ofthe Securities Exchange Act of 1934; and

2.                    theinformation contained in the Report fairly presents, in all material respects,our financial condition and results of operation.

 
| May 5, 2005 |  /s/ JOHN J. LEAHY                                                                                           |   |
|-------------|-------------------------------------------------------------------------------------------------------------------|--------|
|        |  John J. Leahy   Senior Vice President of Finance and   Administration and Chief Financial Officer |   |

 

1

----
<PAGE>


                                                                   Exhibit 99.2


                              OFFICER'S CERTIFICATE

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

                   CHASE CREDIT CARD OWNER TRUST SERIES 1999-3

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


         The undersigned, an Authorized Officer of the Chase Manhattan Bank USA,
National Association, as Administrator pursuant to the Indenture for the Chase
Credit Card Owner Trust Series 1999-3 does hereby certify that:

                  1. The undersigned is an Authorized Officer pursuant to the
                  Indenture to execute and deliver this Certificate to the
                  Indenture Trustee.

                  2. This Certificate is delivered pursuant to Section 3.9 of
                  the Indenture.

                  3. A review of the activities of the Issuer for the calendar
                  year ended December 31, 2000, and of performance under this
                  Indenture has been made under the supervision of the
                  undersigned.

                  4. To the best of the undersigned knowledge, based on such
                  review, the Issuer has complied with all conditions and
                  covenants in all material respects under this Indenture for
                  the calendar year ended December 31, 2000. No default in the
                  compliance of any such condition or covenant has occurred or
                  is continuing except as set forth in paragraph 5 below.

                  5. The following is a description of each default in the
                  performance of the Issuer's obligations under the provisions
                  of the Indenture known to the undersigned to have been made
                  during such period which sets forth in detail (i) the nature
                  of each such default, (ii) the action taken by the Issuer, if
                  any, to remedy each such default and (iii) the current status
                  of each such default: NONE.

                                                 (signatures on following page)


<PAGE>


         IN WITNESS WHEREOF, the undersigned has duly executed this certificate
this 26th day of March, 2001.

                                       By CHASE MANHATTAN BANK USA, National
                                       Association, as Administrator



                                       By: /s/ Keith Schuck
                                           --------------------------
                                       Name: Keith Schuck
                                       Title: Senior Vice President
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
      ( print page 6713)    
*Name of Committee:*                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel, Centers for AIDS Research (CFAR).                    

*Date:*                         March 1, 2005                    

*Time:*                         8 a.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Gaithersburg Marriott Washingtonian Center, 9751 Washingtonian Boulevard, Gaithersburg, MD 20878.                    

*Contact Person:*                         Brenda Lange-Gustafson, PhD, Scientific Review Administrator, NIAID, DEA, Scientific Review Program, Room 2217, 6700-B Rockledge Drive, MSC-7616, Bethesda, MD 20892-7616, 301-496-2550,                         *bgustafson@niaid.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)

Dated: February 1, 2005.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 05-2339 Filed 2-7-05; 8:45 am]

BILLING CODE 4140-01-M
Exhibit 10.2B



KEWAUNEE SCIENTIFIC CORPORATION

COMPENSATION COMMITTEE MEETING



MARCH 22, 2005



PENSION PLAN RESOLUTION



RESOLVED, that the Corporations Re-established Retirement Plan for
Hourly Employees of Kewaunee Scientific Corporation be amended to incorporate the Board of Directors February 22, 2005, decision to freeze the Plan. The amendments shall provide for the following:



| |  |  | As of April 30, 2005, no further benefit accruals will be earned under the Plan.
| | - |  | --------------------------------------------------------------------------------



| |  |  | As of April 30, 2005, participants will become 100% vested under the Plan.
| | - |  | --------------------------------------------------------------------------



| |  |  | As of April 30, 2005, no other employees shall become participants in the Plan.
| | - |  | -------------------------------------------------------------------------------



| |  |  | Notwithstanding the freeze, the Plan will continue to comply in form and operation with 401(a) and the applicable provisions of ERISA.
| | - |  | --------------------------------------------------------------------------------------------------------------------------------------



FURTHER RESOLVED, that said amendments shall be implemented as soon as administratively
feasible after the adoption of the foregoing resolution. (Targeted implementation date is April 30, 2005.)



FURTHER RESOLVED, that the officers of the Corporation are authorized to take such action as they may determine to be necessary or appropriate to implement the foregoing resolutions.
Case 1:07-cv-03236-JSR Document 7 Filed 06/29/2007 Page 1 of 12
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Case 1:07-cv-03236-JSR Document 7 Filed 06/29/2007 Page 8 of 12
Case 1:07-cv-03236-JSR Document 7 Filed 06/29/2007 Page 9 of 12
Case 1:07-cv-03236-JSR Document 7 Filed 06/29/2007 Page 10 of 12
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Case 1:07-cv-03236-JSR Document 7 Filed 06/29/2007 Page 12 of 12
#### STATE v. KEARNS

No. 124 PC.

Case below: 27 N.C. App. 354.

Petition for discretionary review under G.S. 7A-31 denied 3 February 1976.
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-10-079-CV

IN RE GARY GEORGE STICKLES RELATOR

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

ORIGINAL PROCEEDING

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

MEMORANDUM OPINION1

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

The court has considered relator’s petition for writ of mandamus and is

of the opinion that relief should be denied. Accordingly, relator’s petition for

writ of mandamus is denied.

Relator shall pay all costs of this original proceeding, for which let

execution issue.

PER CURIAM

PANEL: DAUPHINOT, LIVINGSTON, and MCCOY, JJ.

DELIVERED: March 29, 2010

1 See Tex. R. App. P. 47.4.