alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 09**  **- 7862** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. JESSIE YARBOROUGH , Defendant

- Appellant

.

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

. G. Ross Anderson, Jr. , Senior District Judge. ( 8:05

- cr - 00809

- GRA

- 2 )

Submitted : May 20, 2010 Decided: May 25, 2010

Before WILKINSON, NIEMEYER, and DAVIS , Circuit Judges.

Dismissed by un published per curiam opinio n . Jessie Yarborough, Appellant Pro Se. William Jacob Watkins, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Jessie Yarborough seeks t o appeal the district court ’ s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion **.** We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. 1 When the United States or its officer or agency is a party, the notice of appeal must be filed no more than sixty days after the entry of the district court ’ s final judgment or order, Fed. R. App. P. 4(a)(1)(B), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” Bowles v. Russell , 551 U.S. 205, 214 (2007). The district court ’ s order was entered on the docket

on May 6, 2008, a nd the court’s orders denying reconsideration were entered on June 12, 2008 , and January 7, 2009. The notice of appeal was filed on September 24, 2009

. 2

1 This court previously denied a certificate of appealability and dismissed Yarborough’s appeal of the district court’s order denying reconsideration of the denial of his § 2255 motion. United States v. Yarborough , 330 F. App’x 45 (4th Cir. 2009) (No. 09

- 6236). Because Yarborough

2 For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to (Continued)3 failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We deny Yarborough’s motions to place the case in abeyance and for a certificate of appealability. 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

the court. Fed. R. App. P. 4(c); Houston v. Lack , 487 U.S. 266 (1988).
DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service 

 

 National Institute for Occupational 

 Safety and Health 

 Robert A. Taft Laboratories

 4676 Columbia Parkway

 Cincinnati, OH 45226-1998 

 Phone: 513-533-6825 

 Fax: 513-533-6826 

July 23, 2009

SEC Tracking Number: 0129 

Ms. Rachel Leiton 

Division of Energy Employees Occupational 

 Illness Compensation 

U.S. Department of Labor 

Room C-4511 

200 Constitution Avenue, N.W. 

Washington, D.C. 20210 

Dear Ms. Leiton: 

On behalf of the Secretary of the Department of Health and Human Services (HHS), and as required by 

42 C.F.R. § 83.17(c), I am notifying you of the final effect of the HHS decision to designate a class of 

employees at the Standard Oil Development Company, Linden, New Jersey, as an addition to the 

Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation 

Program Act of 2000. On June 18, 2009, as provided for under 42 U.S.C. § 7384q(b), the Secretary of 

HHS designated the following class of employees as an addition to the SEC: 

All AWE employees of the Standard Oil Development Company in Linden, New Jersey, 

during the period from August 13, 1942 through December 31, 1945, while working for a 

number of work days aggregating at least 250 work days, either solely under this 

employment or in combination with work days within the parameters established for one 

or more other classes of employees in the SEC. 

This designation became effective July 18, 2009, as provided for under 42 U.S.C. § 7384l(14)(C). 

Hence, beginning July 18, 2009, members of this class of employees, defined as reported in this notice, 

became members of the SEC. 

Sincerely, 

[Signature on file] 

Larry J. Elliott, Director 

Office of Compensation Analysis and Support 

National Institute for Occupational Safety and Health
Exhibit
32.1




CERTIFICATE
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 Auto Search Cars, Inc. (the “Company”)
on Form 10-Q for the period ending June 30, 2009 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Jonathan J.
Martin, as Principal Executive Officer and Principal Financial Officer, hereby
certify, pursuant to 18 U.S.C. Section1350, 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 Company
      as of and for the period covered by the
Report.






August
      19, 2009
            
            /s/
      Jonathan J. MartinDate
            
            Jonathan
      J. Martin
              President,
      Principal Executive Officer and Principal Financial
  Officer
Exhibit 31.2 — Sarbanes-Oxley — 302 Certifications
     I, Daniel H. Popky, certify that:
1. I have reviewed this report on Form 10-Q of Florida East CoastIndustries, Inc.; 2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in allmaterial respects the financial condition, results of operations andcash flows of the registrant as of, and for, the periods presented inthis report; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and we have:
a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this report is being prepared; b) [Reserved] c) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered bythis report based on such evaluation; and d) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred duringthe registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financialreporting; and
5. The registrant’s other certifying officer and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalentfunction):
a) All significant deficiencies and material weaknesses inthe design or operation of internal control over financialreporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and reportfinancial information; and b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theregistrant’s internal control over financial reporting.     Dated: November 2, 2004 By: /s/ Daniel H. Popky Daniel H. Popky, Executive Vice Presidentand Chief Financial Officer
37
Exhibit 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND

CHIEF FINANCIAL 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 accompanying Quarterly Report on Form 10-Q
of Aurios Inc. for the quarter ended June 30, 2012, I certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, to my knowledge, that:



| | (1) | the Quarterly Report on Form 10-Q of Aurios Inc. for the quarter
ended June 30, 2012 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 Quarterly Report on Form 10-Q for
the quarter ended June 30, 2012, fairly presents in all material respects, the financial condition and results of operations of
Aurios Inc.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | By:    | /s/
    Paul Attaway                                                  | 
| | ------ | --------------------------------------------------------------------- | 
| | Name:  | Paul Attaway                                                          | 
| | Title: | Principal Executive Officer, Principal Financial Officer and Director | 
| |        |                                                                       | 
| | Date:  | August 14, 2012                                                       |
Exhibit 11



MIDWESTONEFINANCIAL GROUP, INC.

AND SUBSIDIARIES

STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS



|                                                                                                        |  |                                 |           |                                |   |           |  |      |           |  |   |          
|------------------------------------------------------------------------------------------------------- |  | ------------------------------- | --------- | ------------------------------ | - | --------- |  | ---- | --------- |  | - | ---------
|                                                                                                        |  | Three Months EndedSeptember 30, |           | Nine Months EndedSeptember 30,
|                                                                                                        |  | 2005                            |           | 2004                           |   | 2005      |  | 2004
|Earnings per Share Information:                                                                         |  |                                 |           |                                |   |           |  |      |           |  |   |          
|Weighted average number of shares outstanding during the period                                         |  |                                 | 3,738,178 |                                |   | 3,759,673 |  |      | 3,755,507 |  |   | 3,788,203
|Weighted average number of shares outstanding during the period including all dilutive potential shares |  |                                 | 3,817,361 |                                |   | 3,847,760 |  |      | 3,838,893 |  |   | 3,892,459
|Net earnings                                                                                            |  | $                               | 1,181,734 |                                | $ | 1,589,127 |  | $    | 4,442,475 |  | $ | 4,596,122
|Earnings per share - basic                                                                              |  | $                               | 0.31      |                                | $ | 0.42      |  | $    | 1.18      |  | $ | 1.21     
|Earnings per share - diluted                                                                            |  | $                               | 0.31      |                                | $ | 0.41      |  | $    | 1.16      |  | $ | 1.18     



See note 4 of the accompanying notes
to consolidated financial statements.
<PAGE>

                                                                    EXHIBIT 32.1

                         CERTIFICATION OF ANNUAL REPORT

      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
Section 1350, the undersigned officer of Renaissance Learning, Inc. (the
"Company"), hereby certifies that, to the undersigned's knowledge:

      (1)   the Company's Annual Report on Form 10-K for the year ended December
            31, 2006 (the "Report") fully complies with the requirements of
            Section 13(a) or 15(d), as applicable, 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.

Dated: February 23, 2007

                                   /s/ Terrance D. Paul
                                   --------------------------------
                                   Name: Terrance D. Paul
                                   Title: Chief Executive Officer

THIS WRITTEN STATEMENT ACCOMPANIES THIS REPORT PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002 AND SHALL NOT BE DEEMED TO BE FILED BY THE COMPANY
FOR PURPOSES OF THE SECURITIES EXCHANGE ACT OF 1934.
Exhibit 32.1

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

This
certification is not to be deemed filed pursuant to the Securities Exchange Act of 1934, as amended, and does not constitute a part of the Annual Report of UTStarcom, Inc.
(the "Company") on Form 10-K for the period ending December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report").

In
connection with the Report, we, Peter Blackmore and Viraj J. Patel, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes Oxley Act of 2002, that:



Dated:
March 2, 2009

By:

/s/ PETER BLACKMOREName: Peter BlackmoreTitle:Chief Executive OfficerBy:

/s/ VIRAJ J. PATELName: Viraj J. PatelTitle:Interim Chief Financial Officer


---



QuickLinks
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-1271

WALTER EMANUEL ELLMAN, JR.,

Debtor - Appellant,

v.

MARC H. BAER,

Trustee - Appellee.

Appeal from the United States District Court for the District of 

Maryland, at Baltimore. James K. Bredar, District Judge. 

(1:11-cv-03428-JKB; 12-38887-DER)

Submitted: July 19, 2012 Decided: July 23, 2012

Before DUNCAN, AGEE, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Walter Emanuel Ellman, Jr., Appellant Pro Se. Marc H. Baer, 

WALDMAN, GROSSFELD, APPEL & BAER, PA, Reisterstown, Maryland, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Walter Emanuel Ellman, Jr., appeals the district 

court’s order affirming the bankruptcy court’s determination 

that his tax refund was property of his bankruptcy estate and 

ordering him to turn over to the trustee $4,615 of the funds. 

We have reviewed the record and find no reversible error. 

Accordingly, we grant leave to proceed in forma pauperis and 

affirm for the reasons stated by the district court. Ellman v. 

Baer, Nos. 1:11-cv-03428-JKB; 10-38887-DER (D. Md. Feb. 1, 

2012). 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.

AFFIRMED
EXHIBIT
32.2
 
 
 
 STATEMENT
REQUIRED BY 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 on Form 10-Q of Décor Products
International, Inc., (the "Company") for the three months ended March 31, 2010,
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Wai Fai Law, Chief Financial Officer, of the Company, certify
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)  information
contained in the Report fairly presents, in all material respects, our
consolidated financial condition and results of operations.
 
 
 /s/ Wai Fai
Law
 Wai Fai
Law
 Chief
Financial Officer
 
 
 Date: May
17, 2010
 
 
 This
certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by us pursuant to the
Securities Exchange Act of 1934, as amended, and does not constitute a part of
the Quarterly Report of Décor Products International, Inc. on Form 10-Q for the
period ending March 31, 2010 as filed with the Securities and Exchange
Commission on the date hereof..
Electronically Filed Intermediate Court of Appeals CAAP-19-0000079 25-JUN-2019 08:16 AM
### DISMISS; and Opinion Filed October 8, 2015.

In The



# <!Court of**£lppeal~** 

## jftftb**11Bi~trict** 

# of**\!rexa~** 

# at**11Balla~**

No. 05-14-01381-CR

WILLIAM SEDRIC AUTREY, Appellant



## V.

THE STATE OF TEXAS, Appellee

On Appeal from the 296th Judicial District Court

Collin County, Texas

Trial Court Cause No. 429-81194-10



### MEMORANDUM OPINION

Before Justices Lang-Miers, Brown, and Schenck

Appellant has filed a motion to dismiss the appeal. Appellant's counsel has approved the

motion. The Court 

### GRANTS the motion and 

### ORDERS that the appeal be 

### DISMISSED and

this decision be certified below for observance. See TEX. R. APP. P. 42.2(a).

Do Not Publish

TEX. R. APP. P. 47



### 141381F.UOS



## RECEIVED IN

COURT OF APPEALS, 5th DIST



## OC4 

## 2 1 

## 2015

LISA MATZ

CLERK, 5th DISTRICT PER CURIAM

## QI:nurt nf Appeals**lJ1ift~** 

## lli.strict nf 

## ID.exa.s at llalla.s

JUDGMENT

WILLIAM SEDRIC AUTREY, Appellant

No. 05-14-01381-CR V.

THE STATE OF TEXAS, Appellee On Appeal from the 296th Judicial District

Court, Collin County, Texas

Trial Court Cause No. 429-81194-10.

Opinion delivered per curiam before Justices

Lang-Miers, Brown, and Schenck.

Based on the Court's opinion ofthis date, we 

### DISMISS the appeal.

Judgment entered this 8th day ofOctober, 2015.

### Order entered October 8, 2015

In The



# QI:ourt of**§ppeal~** 

# jftftb**11Bi~trict** 

# of**'lltexa~** 

# at**mana~**

No. 05-14-01381-CR

WILLIAM SEDRIC AUTREY, Appellant



# v.

THE STATE OF TEXAS, Appellee

On Appeal from the 296th Judicial District Court

Collin County, Texas

Trial Court Cause No. 429-81194-10



## ORDER

Before Justices Lang-Miers, Brown, and Schenck

Based on the Court's opinion of this date, we DIRECT the Clerk of the Court to issue the

mandate in this appeal INSTANTER.

Is/ 

### ELIZABETH LANG-MIERS

JUSTICE\<tourtofApJ,umln.JiftQIDintridofUlexanatitallanGeorgeL.AllenSr.CourtsBuilding600CommerceStreet,Suite200Dallas,Texas75202Dl\Lll\:::;;,'?SOl1'::1OCT'15Pl>-1Lc,sI"'z:J'0:21p$000.485001)08');z;·4OCT032015.....,..,fv1AiLEDFROMZIPCODE7r1201CASE:05-14-01381-CRWILLIARf'Jil•.......Il'.-1.,::;--'':.Jr-..v'--'R.iir>Jt.J'::_'i·u.t:}':-"NOTJNABLETO-.J:o...uc;;...v"UJ..o...•.t-;.t3·31I!!i1·Ii"-tL\\H;lii1iH1llHHi1ld11l\ltL'1''
Exhibit d
<PAGE>
                                                                               .
                                                                               .
                                                                               .


                                                                    EXHIBIT 99.1


Schedule II -- Valuation and Qualifying Accounts


<Table>
<Caption>


                                         ACQUISITION   ADDITIONS        DEDUCTIONS
                              BEGINNING     OF         CHARGED TO        CHARGED      ENDING
                              BALANCE     BUSINESS       INCOME         TO RESERVE    BALANCE
                              -------------------------------------------------------------
<S>                           <C>         <C>          <C>            <C>           <C>
Accounts receivable
allowances -- 2007            $1,133,000      -        $2,862,000     $2,923,000    $1,072,000
Accounts receivable
allowances -- 2006            $1,340,000      -        $2,729,000     $2,936,000    $1,133,000
Accounts receivable
allowances -- 2005            $1,283,000    260,000    $1,892,000     $2,095,000    $1,340,000
</Table>
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.                  

###### Commission of Fine Arts

The next meeting of the U.S. Commission of Fine Arts is scheduled for 20 March 2008, at 10 a.m. in the Commission's offices at the National Building Museum, Suite 312, Judiciary Square, 401 F Street, NW., Washington, DC 20001-2728. Items of discussion may include buildings, parks and memorials.

                    Draft agendas and additional information regarding the Commission are available on our Web site:                     *http://www.cfa.gov*. Inquiries regarding the agenda and requests to submit written or oral statements should be addressed to Thomas Luebke, Secretary, U.S.                           ( print page 11623)                        Commission of Fine Arts, at the above address, or call 202-504-2200. Individuals requiring sign language interpretation for the hearing impaired should contact the Secretary at least 10 days before the meeting date. Dated in Washington DC, 29 February 29, 2008.                

Thomas Luebke, AIA,

Secretary.

[FR Doc. 08-927 Filed 3-3-08: 8:45 am]

BILLING CODE 6330-01-M
462 A.2d 281

#### In re ADOPTION of J.J.A., III and D.A.A. Appeal of J.J.A., Jr.

Superior Court of Pennsylvania.

Submitted May 6, 1981.

Filed July 1, 1983.

*451James W. Wilson, Philadelphia, for appellant.

Mr. & Mrs. James Hoffman, participating parties, in propria persona.

Before SPAETH, CAVANAUGH and LIPEZ, JJ.

PER CURIAM:

*Adoption of M.E.T.,*313 Pa.Super. 316, 459 A.2d 1247 (1983) requires that this case be remanded for reconsideration under the clear and convincing evidence standard.

Order vacated, and case remanded. Jurisdiction is not retained.