alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Page 1 of 3

Case No. 4:11cr20-RH/CAS

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA

v. CASE NO. 4:11cr20-RH/CAS

RANDALL ROEBUCK, JR.,

Defendant.

_______________________________/

ORDER DENYING THE § 2255 MOTION AND

DENYING A CERTIFICATE OF APPEALABILITY

The defendant has moved under 28 U.S.C. § 2255 for relief from his 

judgment of conviction. The motion is before the court on the magistrate judge’s 

report and recommendation, ECF No. 79. No objections have been filed. This 

order accepts the report and recommendation, adopts it as the court’s opinion, and 

denies the § 2255 motion.

A defendant may appeal the denial of a § 2255 motion only if the district 

court or court of appeals issues a certificate of appealability. Under 28 U.S.C. 

§ 2253(c)(2), a certificate of appealability may issue “only if the applicant has 

made a substantial showing of the denial of a constitutional right.” Miller-El v. 

Case 4:11-cr-00020-RH-CAS Document 80 Filed 02/20/17 Page 1 of 3
Page 2 of 3

Case No. 4:11cr20-RH/CAS

Cockrell, 537 U.S. 322, 335-38 (2003); Slack v. McDaniel, 529 U.S. 473, 483-84 

(2000); Barefoot v. Estelle, 463 U.S. 880, 893 n.4 (1983); see also Williams v. 

Taylor, 529 U.S. 362, 402-13 (2000) (setting out the standards applicable to a 

§ 2254 petition on the merits). As the Court said in Slack:

To obtain a COA under § 2253(c), a habeas prisoner must make a 

substantial showing of the denial of a constitutional right, a 

demonstration that, under Barefoot, includes showing that 

reasonable jurists could debate whether (or, for that matter, agree 

that) the petition should have been resolved in a different manner 

or that the issues presented were “adequate to deserve 

encouragement to proceed further.” 

529 U.S. at 483-84 (quoting Barefoot, 463 U.S. at 893 n.4). Further, in order to 

obtain a certificate of appealability when dismissal is based on procedural grounds, 

a petitioner must show, “at least, that jurists of reason would find it debatable 

whether the petition states a valid claim of the denial of a constitutional right and 

that jurists of reason would find it debatable whether the district court was correct 

in its procedural ruling.” Id. at 484. 

The defendant has not made the required showing. This order thus denies a 

certificate of appealability. 

IT IS ORDERED:

1. The defendant’s amended motion for relief under 28 U.S.C. § 2255, ECF 

No. 70, is denied.

2. The clerk must enter judgment.

Case 4:11-cr-00020-RH-CAS Document 80 Filed 02/20/17 Page 2 of 3
Page 3 of 3

Case No. 4:11cr20-RH/CAS

3. A certificate of appealability is denied.

SO ORDERED on February 20, 2017.

s/Robert L. Hinkle

United States District Judge

Case 4:11-cr-00020-RH-CAS Document 80 Filed 02/20/17 Page 3 of 3
[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Notices]
[Page 24947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10681]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9146-2]


Proposed Consent Decree, Clean Air Act Citizen Suit; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Consent Decree; Request for Public Comment; 
Correction.

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

SUMMARY: The Environmental Protection Agency published a document in 
the Federal Register on April 30, 2010, concerning request for comments 
on a proposed consent decree to address a lawsuit filed by Sierra Club 
in the United States District Court for the Western District of 
Wisconsin: Sierra Club v. Jackson, No. 09-cv-0751 (W.D. WI). The 
document did not include the docket identification number for this 
action.

FOR FURTHER INFORMATION CONTACT: Amy Branning, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-1744; fax number (202) 564-5603; e-mail address: 
<a href="/cdn-cgi/l/email-protection#f89a8a99969691969fd6999581b89d8899d69f978e"><span class="__cf_email__" data-cfemail="543626353a3a3d3a337a35392d143124357a333b22">[email protected]</span></a>.
    Correction: In the Federal Register of April 30, 2010, in FR Doc. 
2010-10149, on page 22786, in the second and third columns, correct the 
docket identification number to read: Docket ID No. EPA-HQ-OGC-2010-
0399.

    Dated: April 30, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010-10681 Filed 5-5-10; 8:45 am]
BILLING CODE 6560-50-P


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</html>
# EXHIBIT 32

CERTIFICATION
Pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

We, the undersigned, certify that, to
the best of our knowledge, this quarterly report on Form 10-QSB for the quarter ended
September 30, 2007, of CAPITAL REALTY INVESTORS-IV LIMITED PARTNERSHIP, and containing the
financial statements, fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, and that the information contained in this quarterly
report fairly presents, in all material respects, the financial condition and results of
operations of the small business issuer.

|                 |  | CAPITAL REALTY INVESTORS-IV LIMITED     PARTNERSHIP                                                                                                                       
|---------------- |  | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|                 |  | (Small Business Issuer)                                                                                                                                                   
|                 |  | by:  C.R.I., Inc.                                                                                                                                                         
|                 |  | Managing General Partner                                                                                                                                                  
|November 9, 2007 |  | by:  /s/ William B. Dockser                                                                                                                                               
|DATE             |  | William B. Dockser,
                  Director, Chairman of the Board,
                  and Treasurer
                  (Principal Executive Officer)                    
|November 9, 2007 |  | by:  /s/ H. William Willoughby                                                                                                                                            
|DATE             |  | H. William Willoughby,
                  Director, President, Secretary,

                  Principal Accounting Officer and
                  Principal Financial Officer

This
certification accompanies this quarterly report and is made solely for purpose of
18 U.S.C. Section 1350, subject to the knowledge standard contained therein, and not
for any other purpose, and shall not be deemed filed by the small business issuer for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
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.                  

###### National Science Foundation

In accordance with Federal Advisory Committee Act (Pub. L. 92–463, as amended), the National Science Foundation announces the following meeting:

*Name:*                     Advisory Committee for Social, Behavioral, and Economic Sciences (#1171).                

*Date/Time:*                     May 20, 2010; 8:30 a.m. to 5:30 p.m. May 21, 2010; 8:30 a.m. to 3 p.m.                

*Place:*                     National Science Foundation, 4201 Wilson Boulevard, Stafford I, Room 1235, Arlington, VA 22230.                

*Type of Meeting:*                     Open.                

*Contact Person:*                     Ms. Lisa Jones, Office of the Assistant Director, Directorate for Social, Behavioral, and Economic Sciences, National Science Foundation, 4201 Wilson Boulevard, Room 905, Arlington, Virginia 22230, 703–292–8700.                

*Summary of Minutes:*                     May be obtained from contact person listed above.                

*Purpose of Meeting:*                     To provide advice and recommendations to the National Science Foundation on major goals and policies pertaining to Social, Behavioral and Economic Sciences Directorate programs and activities.                

*Agenda:*

*Thursday, May 20, 2010*

Updates and discussions on continuing activities.
    - Budget priorities for FY 2011.
    - SBE Future Directions.

AC Report Planning for SBE Future.

Discussion with NSF Director and Deputy Director.

*Friday, May 21, 2010*

Updates and discussion on continuing activities.
    - SLC.
    - International Engagement.

Open Discussion.

Planning for FY 2011 and Beyond.

Dated: May 4, 2010.

Susanne Bolton,

Committee Management Officer.

[FR Doc. 2010–10932 Filed 5–7–10; 8:45 am]

BILLING CODE 7555–01–P
Exhibit 10.49

LOGO

Interoffice Memorandum



|      |  |                                                           
|----- |  | ----------------------------------------------------------
|To:   |  | Personnel File                                            
|From: |  | Elizabeth A. Whayland, VP of Finance & Corporate Secretary
|Date: |  | October 31, 2003                                          
|Re:   |  | Addendum to Employment Agreement                          

I, Elizabeth A. Whayland, (the Executive) signed an Employment Agreement (the Agreement)
with my employer, CuraGen Corporation (the Company), on or about May 20, 2002. The Agreement provides that it shall be renewed on an annual basis unless either the Company or the Executive notifies the other party of his/her/its
intent not to renew the Agreement on or before October 31 (Section 2A. Term).

The Executive and the Company have agreed to modify the terms of that
Agreement as follows:



| | 1. | (Section 2 Term.)
| | -- | -----------------

There shall be no one year term of
employment and either the Executive or CuraGen may terminate employment with or without cause and with or without notice.



| | 2. | (Section 6. Disability or Death)
| | -- | --------------------------------

The Agreement provides
that the Company may terminate the Agreement upon the Executives death or disability.



| | 3. | (Section 10. Termination)
| | -- | -------------------------

The Agreement provides that
CuraGen may terminate the Agreement for performance reasons or for cause.



| | 4. | (Section 10E and Section 12A. Benefits Upon Termination)
| | -- | --------------------------------------------------------

If the Company terminates the Executives employment because of performance reasons (as defined in Agreement), disability or death, or without cause, the Executive or his/her estate shall receive benefits. The benefits are:
(i) salary continuation at the salary the Executive was receiving at the time of termination; and (ii) the Executives continued participation (or in the case of death the Executives familys continued participation) in any
employee health and welfare benefit to which the Executive was a participant prior to his termination on the same basis as the Executive had participated as an employee. The salary continuation and continued participation in any health and
welfare benefit plan shall be for twelve months from the date of termination of the Executives employment. Other than under Section 12 in the event of a Change of Control, the Executive shall not be entitled to more than twelve
(12) months of salary continuation and continued participation in any health or welfare benefit plan if the Executives employment is terminated for (1) performance reasons; (2) death; (3) disability; or (4) without
cause.

Unless explicitly changed in this Addendum, all other terms of the Agreement shall remain in full force and effect.



|                         
|-------------------------
|                         
|/s/ Elizabeth A. Whayland
|Elizabeth A. Whayland    
|                         
|/s/ Jonathan M. Rothberg 
|Jonathan M. Rothberg
**Exhibit 32**

Certification pursuant to 18 USC 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002         The undersigned hereby certifies that, to his knowledge, (i) the Form 10-Q filed by AB&T Financial Corporation (the "Registrant") for the quarter ended September 30, 2009, 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 that report fairly presents, in all material respects, the financial condition and results of operations of the Registrant on the dates and for the periods presented        therein.         

                                                                                                           Date: November 13, 2009                    /s/ Daniel C. Ayscue               

                                                                      Daniel C.        Ayscue

                                                                      President and Chief Executive        Officer

                                                                      (Principal Executive Officer        and Principal Financial Officer)
EXHIBIT 99.1



                CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                     PURSUANT TO SECTION 906 OF THE
                       SARBANES-OXLEY ACT OF 2002,
                         18 U.S.C. SECTION 1350


In connection with the Quarterly Report of Technology Research Corporation
(the "Company") on Form 10-Q for the period ended September 30, 2002 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Robert S. Wiggins, 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, 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.





   November 14, 2002          /s/ Robert S. Wiggins
___________________________   __________________________________
          Date                Robert S. Wiggins
                              Chairman of the Board and
                              Chief Executive Officer


























                                   - 15 -
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7297

KEITH M. NEALE, Petitioner - Appellant, versus RONALD J. ANGELONE, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CA-01-747) Submitted: November 12, 2002 Decided: December 3, 2002 Before LUTTIG and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. David Bernard Hargett, HARGETT & WATSON, P.L.C., Richmond, Virginia, for Appellant. Eugene Paul Murphy, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Keith M. Neale seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). An appeal may not be taken to this court from the final order in a § 2254 proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue for claims addressed by a district court on the merits absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). As to claims dismissed by a district court solely on procedural grounds, a certificate of appealability will not issue unless the petitioner can demonstrate both “(1) ‘that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right’ and (2) ‘that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.’” Rose v. Lee , 252 F.3d 676, 684 (4th Cir. 2001) (quoting Slack v. McDaniel , 529 U.S. 473, 484 (2000)). We have reviewed the record and conclude for the reasons stated by the district court that Neale has not satisfied either standard. See Neale v. Angelone , No. CA-01-747 (W.D. Va. July 31, 2001). Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal3 contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Exhibit 32


                    CERTIFICATION OF CEO AND CFO 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  on  Form  10-Q of  Public  Storage
Properties,  Ltd.  (the  "Partnership")  for the quarter  ended June 30, 2005 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  Ronald L. Havner, Jr., as Chief Executive Officer of Public Storage,
Inc.,  corporate general partner,  and John Reyes, as Chief Financial Officer of
Public Storage, Inc., corporate general partner, each hereby certifies, pursuant
to 18 U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of
2002, that:

     (1) The Report fully complies with the requirements of Section 13(a) 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 Partnership.

 /s/ Ronald L. Havner, Jr.
------------------------------
Name:    Ronald L. Havner, Jr.
Title:   Chief Executive Officer of Public Storage, Inc.,
         Corporate General Partner
Date:    August 12, 2005

 /s/ John Reyes
------------------------------
Name:    John Reyes
Title:   Chief Financial Officer of Public Storage, Inc.,
         Corporate General Partner
Date:    August 12, 2005
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Globecomm Systems Inc. Consolidated Financial Statements, and is qualified in
its entirety by reference to such consolidated financial statements.
</LEGEND>

<S>                                     <C>
<MULTIPLIER>                                     1,000
<PERIOD-TYPE>                                   12-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                          65,289
<SECURITIES>                                         0
<RECEIVABLES>                                   23,189
<ALLOWANCES>                                       467
<INVENTORY>                                      9,748
<CURRENT-ASSETS>                               101,693
<PP&E>                                         118,260
<DEPRECIATION>                                   5,476
<TOTAL-ASSETS>                                 219,167
<CURRENT-LIABILITIES>                           27,162
<BONDS>                                              0
<PREFERRED-MANDATORY>                            5,000
<PREFERRED>                                          0
<COMMON>                                            12
<OTHER-SE>                                      90,512
<TOTAL-LIABILITY-AND-EQUITY>                   219,167
<SALES>                                         78,571
<TOTAL-REVENUES>                                78,571
<CGS>                                           67,245
<TOTAL-COSTS>                                   18,850
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   360
<INTEREST-EXPENSE>                               2,522
<INCOME-PRETAX>                                (3,581)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (3,581)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-BASIC>                                     (0.36)
<EPS-DILUTED>                                   (0.36)







</TABLE>
EXHIBIT 32.1
                CERTIFICATION PURSUANT TO 18 USC, SECTION 1350,
                      AS ADOPTED PURSUANT TO SECTION 906
                       OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with  the Quarterly  Report  of  Triangle  Alternative  Network
Incorporated (the "Company") on Form 10-Q for the quarter ended March 31, 2009,
as filed with the Securities  and  Exchange  Commission  on  or  about the date
hereof  (the  "Report"),  I, Vince Vellardita, Chief Executive Officer  of  the
Company, certify, pursuant  to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec.
906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies  with the requirements of Sections 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, the financial condition and results of operations of the Company.


Dated: May 15, 2009             /s/ Vince Vellardita
                                -----------------------
                                By: Vince Vellardita
                                Its: Chief Executive Officer