alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 09-2140

___________ Daniel Paul Skipper, * * Appellant, * * Appeal from the United States v. * District Court for the Western * District of Missouri. Dave Dormire; Bill Galloway; * Arthur Woods; John James; - Sutton, * [UNPUBLISHED] CO II HU 6; David Murphy, CCW * 20785; Leon Vickers; Dr. - Hardman; * Sultrop, R.N.; - Swartz, L.P.N.; * Tina L. Sutton; Sandra Webb; Wendell * Enloe; Jay Cassady; John Janes; Dr. * Elizabeth J. Conley; Jewel Cofield, * * Appellees. *

___________ Submitted: July 5, 2010 Filed: July 12, 2010

___________ Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges.

___________ PER CURIAM.1 The Honorable Nanette K. Laughrey, Unite d States District Judge for the Western District of Missouri, adopting the report and recommendations of the Honorable William A. Knox, United States Ma gistrate Judge for the Western District of Missouri.
-2- After Missouri inmate Daniel Paul Skipper filed a 42 U.S.C. § 1983 complaint, the district court 1 granted some defendants’ motions to dismiss and for judgment on the pleadings, and the other defendants’ motion for summary judgment. Following entry of final judgment, Skipper filed th is appeal. Having conducted de novo review of the record, and for the reasons explaine d by the district court, we find that the claims against all the Missouri Department of Corrections defendants except David Murphy were properly dismissed for failure to state a claim, seeMcAdams v. McCord , 584 F.3d 1111, 1113 (8th Cir. 2009); that judgment on the pleadings was properly granted to de fendant Murphy, see Clemons v. Crawford , 585 F.3d 1119, 1124 (8th Cir. 2009), petition for cert. filed , 78 U.S.L.W. 3644 (U.S. Apr. 21, 2010) (No. 09-1274); and that summary judgment wa s warranted on the claims against the Correctional Medical Serv ices defendants, seeMason v. Corr. Med. Servs., Inc. , 559 F.3d 880, 884-85 (8th Cir. 2009). We also find no abuse of disc retion in the denial of appointed counsel, see Phillips v. Jasper County Jail , 437 F.3d 791, 794 (8th Cir. 2006), or in the denial of relief under Fe deral Rule of Civil Procedure 59(e), see Christensen v. Qwest Pension Plan , 462 F.3d 913, 919-20 (8th Cir. 2006).
Accordingly, we affirm, see 8th Cir. R. 47B, and we deny Skipper’s pending motions to present evidence and to file additional reply briefs.

______________________________
EXHIBIT 31.2

Certification

I, Sridhar Ganesan, certify that:

1. I have reviewed this quarterly report on Form 10-Q for the quarter ended June 30, 2006 of WorldSpace, Inc.;

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;

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 registrant as of, and for, the periods presented in this 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-15(e) and 15d-15(e)) for the registrant
and 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 registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is
being prepared;

b) Evaluated the effectiveness of the registrant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 our evaluation; and

c) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the
registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over
financial reporting; and

5. The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):

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 registrant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 registrants internal control over financial reporting.

Date: August 14, 2006



/s/    SRIDHAR
GANESANSridhar GanesanExecutive Vice PresidentChief Financial Officer
[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Rules and Regulations]
[Page 24730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12339]



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


DEPARTMENT OF COMMERCE
50 CFR Part 675

[Docket No. 960129019-6019-01, I.D. 051396A]


Groundfish of the Bering Sea and Aleutian Islands Area; Pacific 
Cod by Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands 
Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Closure.

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

SUMMARY: NMFS is closing the directed fishery for Pacific cod by 
vessels using trawl gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the first seasonal bycatch allowance of Pacific halibut apportioned to 
the trawl Pacific cod fishery in the BSAI.

EFFECTIVE DATE: 12 noon, Alaska local time (A.l.t.), May 14, 1996, 
until 12 noon, A.l.t., October 25, 1996.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive 
economic zone is managed by NMFS according to the Fishery Management 
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands 
Area (FMP) prepared by the North Pacific Fishery Management Council 
under authority of the Magnuson Fishery Conservation and Management 
Act. Fishing by U.S. vessels is governed by regulations implementing 
the FMP at 50 CFR parts 620 and 675.
    The first seasonal bycatch allowance of Pacific halibut for the 
BSAI trawl Pacific cod fishery category, which is defined at 
Sec. 675.21(b)(1)(iii)(E), was established by the Final 1996 Harvest 
Specifications of Groundfish (61 FR 4311, February 5, 1996) as 1,585 
metric tons.
    The Director, Alaska Region, NMFS, has determined, in accordance 
with Sec. 675.21(c)(1)(iii), that the first seasonal bycatch allowance 
of Pacific halibut apportioned to the trawl Pacific cod fishery in the 
BSAI has been caught. Therefore, NMFS is prohibiting directed fishing 
for Pacific cod by vessels using trawl gear in the BSAI.
    Maximum retainable bycatch amounts for applicable gear types may be 
found in the regulations at Sec. 675.20(h).

Classification

    This action is taken under 50 CFR 675.21 and is exempt from review 
under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 13, 1996.
Donald J. Leedy,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 96-12339 Filed 5-13-96; 3:38 pm]
BILLING CODE 3510-22-F
1 NOT DESIGNATED FOR P UBLICATION

No

. 121,471

IN THE COURT OF APPE ALS OF THE STATE OF KANSAS

I n the Matter of the M arriage of

D ESTINY D. P LOWMAN , Appellee ,
and

C ASEY L. P LOWMAN , Appellant.

MEMORANDUM OPINION

Appeal from Stevens District Court; B RADLEY E. A MBROSIER , judge. Opinion filed April 24 , 20 20

. Affirmed

.

Michael P. Whalen , of Law Office of Michael P. Whalen, of Wichita , for appellant

.

No appearance by appellee.

B efore H ILL , P.J., B USER and B RUNS , JJ.

P ER C URIAM : Casey (Father) and Destiny (Mother) Plowman divorced in 2018. In 2019, the district court granted Mother primary residency of their daughter, J.P. Father appeals and contests the residency ruling.

Our standard of review provides that the paramount conside ration in making these decisions is the child's welfare and best interests. In light of the district court's unique vantage point of what is often an emotionally charged situation, an appellate court generally will not overturn these decisions unless the d istrict court abused its discretion.2 See Cheney v. Poore , 301 Kan. 120, 128, 339 P.3d 1220 (2014); see also Frazier v.
Goudschaal , 296 Kan. 730, 755, 295 P.3d 542 (2013) (co

- parenting agreement). Discretion may be abused in three ways: (1) when the ruling is based on an error of law, (2) when the ruling is based on an error of fact, or (3) the ruling was arbitrary, fanciful, or
unreasonable. Wiles v. American Family Life Assurance Co. , 302 Kan. 66, 74, 350 P.3d 1071 (2015).

Challenges to specific factual findings in support of these determinations are reviewed to assure that they are supported by substantial competent evidence and that they support the court's legal conclusions. See In re Marriage of Vandenberg , 43 Kan. App. 2d 697, 704, 229 P.3d 1187 (201 0). This court may not reweigh evidence, pass on witness credibility, or redetermine questions of fact. 43 Kan. App. 2d at 705.

We have carefully read the record on appeal. We have also considered Father's appellate arguments in light of the detailed find ings of fact and conclusions of law made by Judge Bradley E. Ambrosier in his 16

- page journal entry memorializing his ruling. Based upon our review, we determine that no reversible error of law appears in the district court's awarding Mother the primary re sidency of J.P.

Accordingly, the district court's ruling is affirmed under Supreme Court Rule 7.042(b)(2), (3), (5) and (6) (2019 Kan. S. Ct. R. 48)

.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-7142

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

UNDER SEAL,

Defendant – Appellant.

Appeal from the United States District Court for the Northern 

District of West Virginia, at Martinsburg. John Preston Bailey, 

Chief District Judge. (3:09-cr-00058-JPB-JSK-1; 3:12-cv-00045-

JPB)

Submitted: December 22, 2014 Decided: January 8, 2015

Before WILKINSON, Circuit Judge, and HAMILTON and DAVIS, Senior 

Circuit Judges.

Dismissed by unpublished per curiam opinion.

Under Seal, Appellant Pro Se. Paul Thomas Camilletti, Jarod 

James Douglas, Assistant United States Attorneys, Martinsburg, 

West Virginia; Betsy C. Jividen, Assistant United States 

Attorney, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Appellant seeks to appeal the district court’s order 

accepting the recommendation of the magistrate judge and 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 Appellant 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
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 of Micro Bio-Medical Waste Systems, Inc. on
Form 10-KSB/A for the period ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), each of
the undersigned, in the capacities and on the dates indicated below, 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 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 operation of the Company.



/s/ Charles Smith
-----------------------
Charles Smith, CEO, CFO

Dated: May 19, 2006
[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Notices]
[Page 19080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10594]



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


DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institute on Aging; Notice of Closed Meeting

    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:

    Name of SEP: National Institute on Aging Special Emphasis Panel.
    Date: May 6-7, 1996.
    Time: 7:30 p.m. on May 6 to adjournment on May 7, 1996.
    Place: Courtyard Marriott, 8585 Marriott Drive, San Antonio, TX 
78229.
    Contact Person: Dr. James Harwood, Scientific Review 
Administrator, Gateway Building, Room 2C212, National Institutes of 
Health, Bethesda, MD 20892-9205, (301) 496-9666.
    Purpose/Agenda: To evaluate and review grant applications, 
cooperative agreement applications, or contract proposals.
    This notice is being published less than 15 days prior to the 
above meeting due to the urgent need to meet timing limitations 
imposed by the review and funding cycle.
    The meeting will be closed in accordance with the provisions set 
forth in sections 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. 
Applications and/or proposals and the discussions could reveal 
confidential trade secrets or commercial property such as patentable 
material and personal information concerning individuals associated 
with the applications and/or proposals, the disclosure of which 
would constitute a clearly unwarranted invasion of personal privacy.

(Catalog of Federal Domestic Assistance Program No. 93.866, Aging 
Research, National Institutes of Health)

    Dated: April 23, 1996.
Susan K. Feldman,
Committee Management Officer, NIH.
[FR Doc. 96-10594 Filed 4-29-96; 8:45 am]
BILLING CODE 4140-01-M
### IN THE SUPREME COURT OF THE STATE OF MONTANA DA 23 - 0550

_________________ IN THE MATTER OF: R.N., A Youth in Need of Care. O R D E R

_________________ Pursuant to the Internal Operating Rules of this Court, this cause is classifie d for submission on briefs to a five - justice panel of this Court. The Clerk is directed to provide a copy hereof to all counsel of record and to the Honorable John W. Parker, District Judge . For the Court,

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

May 1 2024

05/01/2024
Case Number: DA 23-0550
**Exhibit 32.1**

 

**CERTIFICATIONPURSUANT TO**

**18U.S.C. SECTION 1350,**

**ASADOPTED BY**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Rockwood Holdings, Inc. (the “Company”) on Form 10-Qfor the period ended September 30, 2009 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Seifi Ghasemi,Chairman and Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct 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,the financial condition and results of operations of the Company.

 

 
| Date: November 5,  2009          |   |
|---------------------------------------|--------|
|                                  |   |
| /s/ SEIFI GHASEMI                |   |
| Seifi Ghasemi                         |   |
| Chairman and Chief  Executive Officer |   |

 

This certificationaccompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Actof 2002 and shall not be deemed filed by the Company for purposes of Section 18or any other provision of the Securities Exchange Act of 1934, as amended.

 

A signed original of thiswritten statement required by Section 906 or other documentauthenticating, acknowledging or otherwise adopting the signature that appearsin typed form within the electronic version of this written statement requiredby Section 906, has been provided to the Company and will be retained bythe Company and furnished to the Securities and Exchange Commission or itsstaff upon request.

 

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JOHN D. KAUFMANN

Attorney At Law

Suite 905 Transamerica Bldg. 

177 North Church Avenue

Tucson, Arizona 85701

(520) 623-2016 Fax (520) 623-8715

kaufmann@tabbn.com

Arizona State Bar No. 004156

Pima County Computer No. 30436

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff,

v.

Charles Burton Foster,

Defendant.

NO: 4:17-cr-01791-JGZ-LAB

Motion to Continue Trial

It is expected that excludable delay under Title 18, U.S.C § 3161(h)(1)(F) 

may occur as a result of this motion or an order based thereon. 

Defendant, Charles Burton Foster, by and through undersigned counsel, 

requests a sixty (60) day continuance of the plea deadline and trial date, which is 

set for July 20th, 2018 and August 7th, 2018 at 9:30 a.m. respectively. This is 

Defendant’s first request for continuance. The continuance is necessary for the 

following justifiable reason(s):

1. Defendant requires additional time to prepare for trial. 
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Assistant United States Attorney, Adam Rossi, has informed defense

counsel that she does not object to this continuance. 

Therefore, Defendant and counsel ask that this matter be continued for a 

period of not less than forty five (45) days to a time and date convenient of this 

Court. See 18 U.S.C. §3161, et. seq.

RESPECTFULLY SUBMITTED this 23rd day of July, 2018.

s/ John D. Kaufmann

John D. Kaufmann
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 report of Spark Networks plc (the Company) on Form 10-Q for the period ending March 31, 2007 as filed
with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned, in the capacities and on the dates indicated below, 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 his 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.



|                        |  | 
|----------------------- |  | 
|/s/ Adam S. Berger      |  | 
|Adam S. Berger          |  | 
|Chief Executive Officer |  | 
|May 10, 2007            |  | 
|                        | 
|/s/ Mark Thompson       |  | 
|Mark Thompson           |  | 
|Chief Financial Officer |  | 
|May 10, 2007            |  | 

A signed original of this written statement required by Section 906 has been provided to Spark Networks plc
and will be retained by Spark Networks plc and furnished to the Securities and Exchange Commission or its staff upon request.
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Notices]
[Page 25210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12565]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army


Armed Forces Epidemiological Board (AFEB); Partially-Closed 
Meeting

AGENCY: Office of the Surgeon General.

ACTION: Notice of partially-closed meeting.

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

SUMMARY: In accordance with section
10(a)(2) of Public Law 92-463, The Federal Advisory Committee Act, this 
announces the forthcoming AFEB Meeting. The meeting will be held from 
0800-1630, Thursday, June 27, 1996. The purpose of the meeting is to 
complete pending Board issues and to conduct an executive planning 
session of the Board and completion of pending issues. There will also 
be a classified update on biological defense. The meeting location will 
be at the Walter Reed Army Institute of Research, Washington, D.C., 
Building 40 Room 3092. This meeting will be partially closed to the 
public in accordance with Section 552b(c) of title 5, U.S.C. 
specifically subparagraph (1) thereof and title 5, U.S.C., appendix 1, 
subsection 10(d). The remainder of the meeting will be open to the 
public but limited by space accommodations. Any interested person may 
attend, appear before or file statements with the committee at the time 
and in the manner permitted by the committee.

FOR FURTHER INFORMATION CONTACT:
COL Vicky Fogelman, AFEB Executive Secretary, Armed Force 
Epidemiological Board, Skyline Six, 5109 Leesburg Pike, Room 667, Falls 
Church, Virginia 22041-3258, (703) 681-8012/3.

SUPPLEMENTARY INFORMATION: None.
Gregory D. Showalter,
Army Federal Register Liaison Officer.
[FR Doc. 96-12565 Filed 5-17-96; 8:45 am]
BILLING CODE 3710-08-M
EXHIBIT 21.1

RASER TECHNOLOGIES, INC.

LIST OF SIGNIFICANT SUBSIDIARIES AND

JURISDICTIONS OF INCORPORATION OR ORGANIZATION



|                                          |  |                                          
|----------------------------------------- |  | -----------------------------------------
|SUBSIDIARY                                |  | JURISDICTION OFINCORPORATION/ORGANIZATION
|Raser Technologies Operating Company, Inc |  | Utah                                     
|                                          | 
|Raser Power Systems, LLC                  |  | Delaware                                 
|                                          | 
|Truckee Geothermal No. 1 SV-01, LLC       |  | Delaware                                 
|                                          | 
|Lightning Dock Geothermal No 1 HI-01, LLC |  | Delaware                                 

We had thirteen subsidiaries incorporated or organized in the United States as of December 31,
2007 that did not meet the Significant Subsidiary definition in Rule 1-02(w) of Regulation S-X and, therefore are omitted from this exhibit.