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

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22

- 7130

BRANDEN MAURICE LABARGE

,

Petitioner

- Appellant

,

v.

J. C. STREEVAL, Warden

,
Respondent

- Appellee

.

Appeal from the United States District Court for the Western District of Virginia , at Roanoke

. James P. Jones, Senior District Judge. ( 7:22

- cv

- 00476

- JPJ

- PMS )

Submitted : November 21, 2022 D ecided: December 1, 2022

Before GREGORY, Chief Judge, DIAZ , Circuit Judge , and MOTZ, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

.

Branden Maurice LaBarge , Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-7130 Doc: 9 Filed: 12/01/2022 Pg: 1 of 22 PER CURIAM:

Branden Maurice LaBar ge seeks to appeal the magistrate judge’s order granting the

Government’s motion for a stay and the district court’s order denying LaBarge’s motion to

reconsider. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291,

and certain i nterlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b);

Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541, 545

- 46 (1949). The order s LaBarge

seek to appeal are neither final order s nor appealable interlocutory or collateral order s

.
Accordingly, we deny LaBarge’s emergency petition for permission to appeal and dismiss

the appeal without prejudice for lack of jurisdiction. * We dispense with oral argument

because the facts and legal contentions are adequately presented in the materia ls before this

court and argument would not aid the decisional process.

DISMISSED

* To the extent LaBarge seeks authorization from this Court to pursue an interlocutory appeal, he must first obtain such authorization from the district court. See 28 U.S.C. § 1292(b). USCA4 Appeal: 22-7130 Doc: 9 Filed: 12/01/2022 Pg: 2 of 2
Case: 19-30088    Doc# 4834-3    Filed: 11/21/19    Entered: 11/21/19 11:44:30    Page 1of 1
**Exhibit 99.2**

 

CERTIFICATE PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACTOF 2002

 

 

In connection with the Annual Report (the “Report”)on the Form 10-K of Siga Resources, Inc. (the “Company”) for the year ended July 31, 2013, as filed with the Securitiesand Exchange Commission on the date hereof, I, Bob Hogarth, Chief Executive Officer, President and Director, certify, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledgeand belief:

 

a.The Report fully complies with the requirements of Section13 (a) or 15 (d) of the Securities and Exchange Act of 1934, as amended; and

 

b.The information contained in this Report fairly presents,in all material respects, the financial condition and results of operation of the Company.

 

Date: November 22, 2013
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 Advanced Battery
Technologies, Inc. on Form 10-QSB for the quarter ended June 30, 2005 as
filed with the Securities and Exchange Commission (the "Report"), I,
Zhiguo Fu, Chief Executive Officer and Chairman of the Board of Advanced
Battery Technologies, Inc., certify, pursuant to 18 U.S.C. Section 1350,
as adopted by Section 906 of the Sarbanes-Oxley Act of 2002, that, to the
best of my knowledge:

     1.      The Report fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934; and

     2.      The information contained in the Report fairly presents, in
all material respects, the financial condition and results of operations
of Advanced Battery Technologies, Inc. as of and for the period covered by
the Report.

     Pursuant to the rules and regulations of the Securities and
Exchange Commission, this certification is being furnished and is not
deemed filed.

Dated:  August  19, 2005                 /s/ Zhiguo Fu
                                         ------------------------------------
                                         Zhiguo Fu
                                         Chief Executive Officer and Chairman
                                          of the Board
Exhibit 32.2
                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of SteelCloud, Inc. (the "Company") on
Form 10-Q for the period ending July 31, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Brian Hajost, Chief
Operating Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that to the best
of MY knowledge:


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

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

Dated: September 14, 2004

                                             By: /S/ BRIAN HAJOST
                                             --------------------
                                             Name: Brian Hajost
                                             Title: Chief Operating Officer











                                                                              29


<PAGE>
EXHIBIT
32.1





CERTIFICATION
PURSUANT TO


18 U.S.C.
SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Annual Report on Form 10-K for fiscal year ended December
31, 2008 of Millennium Energy Corp., a Nevada corporation (the “Company”), as
filed with the Securities and Exchange Commission on the date hereof (the
“Annual Report”), I, Jana Whitlock, President, CEO, CFO and a director 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
      Annual Report fully complies with the requirements of Section 13(a) or
      15(d) of the Securities Exchange Act of 1934, as amended;
    and





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






Dated:
      April 15, 2009
              
              /s/
      Jana WhitlockJana
      Whitlock, President, CEO,
                CFO
      and Director (Principal Executive Officer)
Case: 19-30088 Doc# 511 Filed: 02/20/19 Entered: 02/20/19 15:29:29 Page 1 of 4
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Case: 19-30088 Doc# 511 Filed: 02/20/19 Entered: 02/20/19 15:29:29 Page 4 of 4
#### Hubbard J. Goodrich, Plaintiff, v. The New York Central and Hudson River Railroad Company, Defendant.

Judgment and order reversed, new trial granted, costs to abide event. Mem. by

Learned, P J.
#### The People of the State of New York, Respondent, v John Wallace, Appellant.

[771 NYS2d 894]

Judgment of resentence, Supreme Court, New York County *123(Micki Scherer, J.), rendered May 3, 2000, resentencing defendant on remand, upon his prior plea of guilty to two counts of burglary in the third degree, as a second felony offender, to consecutive terms of 21⁄2 to 5 years, and order, same court and Justice, entered on or about April 11, 2003, which denied defendant’s motion brought pursuant to CPL 440.10 to vacate the judgment, unanimously affirmed.

Defendant’s guilty plea was voluntary, and he received effective assistance of counsel. The record supports the motion court’s detailed findings, in which it concluded that, under the totality of circumstances, the incorrect information counsel provided to defendant, at an early stage of the proceedings, concerning the theoretical outer limit of his sentencing exposure had no effect on his ultimate decision to plead guilty *(see People v Garcia,*92 NY2d 869 [1998]; *see also Hill v Lockhart,*474 US 52, 59-60).

We perceive no basis for reducing the sentence. Concur—Tom, J.P., Andrias, Sullivan and Friedman, JJ.
EXHIBIT B

Case: 19-30088 Doc# 4719-2 Filed: 11/14/19 Entered: 11/14/19 12:34:18 Page 1

of 2
EXHIBIT B

COMPENSATION BY WORK TASK CODE 

FOR THE PERIOD SEPTEMBER 1, 2019 THROUGH SEPTEMBER 30, 2019

Task Total Total

Code Hours Fees

3 Financial Analysis (Requested by Counsel, or Otherwise) 210.3 $ 136,998.50

4 13-Week Cash Flow / MOR / Liquidity Analysis 34.4 19,058.00

5 Due Diligence of Debtor's Assets and Liabilities 13.7 9,731.50

6 Due Diligence of Wildfire Safety Plan and Related Analysis 25.5 18,522.50

7 Debtor Professionals - Diligence / Meetings / Calls 30.7 23,966.50

9 Other Professionals / Interested Parties - Diligence / Meetings / Calls 43.5 50,322.50

10 Tort Claimants (Counsel/FA) - Diligence / Meetings / Calls 36.9 42,115.50

11 Assist Counsel in Responses / Objections to Bankruptcy Court Motions 5.9 6,480.50

12 Committee Related Matters - Diligence / Meetings / Calls 114.0 121,950.00

13 Bankruptcy Filings, Motions and Other Document Review 95.8 63,481.00

14 Review of Executory Contracts and Related Analysis 4.4 3,108.00

15 Review of Employee-Related Matters, Including Retention Plans 1.0 795.00

16 Review of Claims and Related Analysis 36.0 26,580.00

17 Asset Sale(s), Strategic Alternatives, and Related Analysis 55.8 36,681.00

18 Analysis of New Debt or Equity Capital 159.6 118,262.00

19 Analysis of Pro-Forma Capital Structure, and Related Analysis 112.2 68,489.00

20 Benchmarking and Related Analysis 199.2 118,314.00

21 Term Sheets, Plan, and Disclosure Statement Analysis 383.3 326,673.50

22 Review of Discovery Documents and Deposition Preparation (Witnesses) 22.1 23,219.50

23 Deposition(s), Testimony, Court Hearing(s), and Related Preparation / Attendance 12.7 11,836.50

24 Business Plan 117.6 99,132.00

25 Regulatory and Legislative Matters, and Related Financial Analysis 44.7 31,866.50

26 Travel Time - Non Working Travel 32.6 35,247.00

27 Project Administration 37.6 30,452.00

29 Time and Expenses Tracking - -

31 Fee Application Preparation 106.0 55,900.00

Subtotal 1,935.5 1,479,182.50

Less: 50% Discount for Non-Working Travel Time (17,623.50)

Grand Total 1,935.5 $ 1,461,559.00

Task Description

Case: 19-30088 Doc# 4719-2 Filed: 11/14/19 Entered: 11/14/19 12:34:18 Page 2

of 2
**AMENDMENT ONE TO EXECUTIVE EMPLOYMENTAGREEMENT**

 

THIS AMENDMENT ONE (“Amendment”)is effective July 1, 2012, and is between Reprints Desk, Inc., a Delaware corporation (the “Company”), DeryczScientific, Inc., a Nevada Corporation (“Derycz”) and Scott Ahlberg, an individual residing at _________________________(“Executive”).

 

WHEREAS, Company and Executive have enteredinto an Executive Employment Agreement, dated July 1, 2010 (the “Agreement”), and desire to amend the Agreement asdescribed below.

 

1.	**Section 2(a)“Compensation and Benefits / Base Salary”**is deleted in its entirety and replaced with the following:

 

**2(a)Base Salary.**In consideration of the services to be rendered under this Agreement, theCompany shall pay Executive a salary at the rate of One Hundred and Sixty Five Thousand Dollars ($165,000) per year (“BaseSalary”). The Base Salary shall be paid in accordance with the Company’s regularly established payroll practice.Executive’s Base Salary will be reviewed from time to time in accordance with the established procedures of the Company foradjusting salaries for similarly situated employees and may be adjusted in the sole discretion of the Company. 

                        

2.	**Section 2(b) “Compensationand Benefits / Commissions”**is deleted in its entirety.

 

 

	3.	Except as expressly stated above,the Agreement remains in full force and effect in accordance with its terms. Unless otherwise stated in this Amendment each definedterm herein shall have the same meaning ascribed to such term in the Agreement.

 

	4.	The terms and conditions of thisAmendment are hereby incorporated into and made a part of the Agreement.

 

 

**IN WITNESSWHEREOF,** the parties have duly executed this Agreement as of the date first written above.

 

 

**REPRINTS DESK, INC. and DERYCZ SCIENTIFIC,INC.**

 

 

By: 	____________________________________

 

Name:	Alan Urban

Title: CFO

** **

**EXECUTIVE:**

 

 

____________________________________

Name:	Scott Ahlberg
#### Edwin Butterworth and others, Respondents, v. Enos Boutilier and another, Appellants.

— Order affirmed, with ten dollars costs and disbursements. Opinion by

Hardin P. J.;

Merwin, J., not sitting.
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of 2
Merrill
Lynch Mortgage Investors, Inc.


250 Vesey
Street


4 World
Financial Center, 10th
Floor


New York,
New York 10080




LaSalle
Bank National Association


135 South
LaSalle Street


Chicago,
Illinois 60603





Re:
            Merrill Lynch Mortgage
      Investors Trust, Mortgage Loan Asset-Backed Certificates, Series
      2007-SL1




I, Tammy
Spriggs, certify that:




1.  I have
reviewed the report on Form 10-K and all reports on Form 10-D required to be
filed in respect of the period covered by this report on Form 10-K of Merrill
Lynch Mortgage Investors Trust, Series 2007-SL1 (the “Exchange Act periodic
reports”);




2.  Based on
my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required
to be provided under Form 10-D for the period covered by this report is included
in the Exchange Act periodic reports;




4.  I am
responsible for reviewing the activities performed by the servicer(s) and based
on my knowledge and the compliance review(s) conducted in preparing the servicer
compliance statement(s) required in this report under Item 1123 of Regulation
AB, and except as disclosed in the Exchange Act periodic reports, the
servicer(s) have fulfilled their obligations under the servicing agreement(s);
and




5.  All of
the reports on assessment of compliance with servicing criteria for asset-backed
securities and their related attestation reports on assessment of compliance
with servicing criteria for asset-backed securities required to be included in
this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules
13a-18 and 15d-18 have been included as an exhibit to this report, except as
otherwise disclosed in this report.  Any material instances of
noncompliance described in such reports have been disclosed in this report on
Form 10-K.




In giving
the certifications above, I have reasonably relied on information provided to me
by the following unaffiliated parties: Wilshire Credit Corporation, as servicer;
LandAmerica Tax and Flood Services, Inc., as vendor; ZC Sterling Insurance
Agency, Inc., as vendor; Litton Loan Servicing LP, as servicer; and Countrywide
Home Loans Servicing LP, as servicer.






Date:
March 28, 2008






LaSalle
Bank National Association, as Master Servicer






/s/ Tammy Spriggs


Tammy
Spriggs


First
Vice President
No. 1356, Misc.

#### Grimaldi *v.*New York.

Court of Appeals of New York. Certiorari denied.
I 

113TH CONGRESS 

2D SESSION H. R. 5203 

To enhance the operation of the Dwight D. Eisenhower Memorial Commission. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2014 

Mr. BISHOP of Utah (for himself, Mr. MCCLINTOCK, Mr. CALVERT, Mr. 

SCHOCK, Mr. HUIZENGA of Michigan, Mr. STOCKMAN, and Mr. WESTMORELAND) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To enhance the operation of the Dwight D. Eisenhower 

Memorial Commission. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Dwight D. Eisenhower 

5 Memorial Commission Reform Act’’. 

6 SEC. 2. DWIGHT D. EISENHOWER MEMORIAL. 

7 (a) AMENDMENTS.—Section 8162 of Public Law 

8 106–79 (40 U.S.C. 8903 note) is amended as follows: 

9 (1) In subsection (c)— 


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2 

•HR 5203 IH

1 (A) in paragraph (2) by striking ‘‘Members 

2 of the Senate’’ and inserting ‘‘persons’’; and 

3 (B) in paragraph (3), by striking ‘‘Mem4 bers of the House of Representatives’’ and in5 serting ‘‘persons’’. 

6 (2) By redesignating subsections (f), (g), (h), 

7 (i), (j), (k), (l), (m), (n), (o), (p), and (q) as sub8 sections (g), (h), (i), (j), (k), (l), (m), (o), (p), (q), 

9 (r), and (s), respectively. 

10 (3) By inserting after subsection (e) the fol11 lowing: 

12 ‘‘(f) APPOINTMENTS.—Each appointment of a Com13 mission member shall be made in consultation with the 

14 Eisenhower Foundation, a section 501(c)(3) public foun15 dation located in Abilene, Kansas.’’. 

16 (b) COMMISSION TERMINATION; STAFF; RECORDS.— 

17 (1) MEMBERSHIP.—The membership of the 

18 Dwight D. Eisenhower Memorial Commission in ex19 istence on the date of the enactment of this Act 

20 shall terminate on the date of enactment of this Act. 

21 New members of the Commission shall be appointed 

22 in accordance with section 8162 of Public Law 106– 

23 79, this Act, and the amendments made by this Act. 

24 (2) STAFF.—The Executive Director and the 

25 staff of the Dwight D. Eisenhower Memorial ComVerDate Mar 15 2010 23:34 Jul 25, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5203.IH H5203

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•HR 5203 IH

1 mission in existence on the date of enactment of this 

2 Act shall cease to be employed by the Commission 

3 on the date that is 30 days after the date of enact4 ment of this Act. 

5 (3) RECORDS.—Any records of the Commission 

6 in existence on the date that the staff is no longer 

7 employed by the Commission under paragraph (2) 

8 shall be retained by the General Services Adminis9 tration or the Secretary of the Interior until such 

10 time as a new Dwight D. Eisenhower Memorial 

11 Commission is appointed. The records of the former 

12 Commission shall be transferred to the newly ap13 pointed Commission as soon as possible. 

Æ 


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I 

113TH CONGRESS 

1ST SESSION H. R. 566 

To amend title IV of the Employee Retirement Income Security Act of 

1974 to provide for a guarantee by the Pension Benefit Guaranty Corporation for qualified preretirement survivor annuities under insolvent 

or terminated multiemployer pension plans. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2013 

Mr. PETRI (for himself and Mr. ANDREWS) introduced the following bill; 

which was referred to the Committee on Education and the Workforce 

A BILL 

To amend title IV of the Employee Retirement Income Security Act of 1974 to provide for a guarantee by the 

Pension Benefit Guaranty Corporation for qualified preretirement survivor annuities under insolvent or terminated multiemployer pension plans. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. GUARANTEE FOR PRE-RETIREMENT SURVIVOR 

4 ANNUITIES UNDER MULTIEMPLOYER PEN5 SION PLANS. 

6 (a) IN GENERAL.—Section 4022A(b) of the Em7 ployee Retirement Income Security Act of 1974 (29 

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2 

•HR 566 IH

1 U.S.C. 1322a(b)) is amended by adding at the end the 

2 following new paragraph: 

3 ‘‘(3) For purposes of subsection (a), a qualified pre4 retirement survivor annuity (as defined in section 

5 205(e)(1)) with respect to a participant under a multiem6 ployer plan which becomes insolvent under section 4245(b) 

7 or 4281(d)(2) or is terminated shall not be treated as for8 feitable solely because the participant has not died as of 

9 the date on which the plan became so insolvent or the ter10 mination date.’’. 

11 (b) RETROACTIVE APPLICATION.—The amendment 

12 made by this section shall apply with respect to multiem13 ployer plan benefit payments becoming payable on or after 

14 December 31, 1984. 

Æ 

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