alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Donald STICKLER, Petitioner/Respondent, v. Joanne STICKLER, Respondent/Appellant.

No. 70035.

Missouri Court of Appeals, Eastern District, Division One.

Sept. 10, 1996.

James A. McDowell, Dulin, King, Parres, McDowell & McDowell, St. Louis, for appellant.

C. Glennon Rau, Rau & Rau, Columbia, IL, for respondent.

Before DOWD, P.J., and REINHARD and GARY M. GAERTNER, JJ.

*ORDER*

PER CURIAM.

Wife appeals from the trial court’s entry of summary judgment in favor of husband on her motion to modify the maintenance provisions of their decree of dissolution. We affirm. The judgment of the trial court is supported by substantial evidence and is not against the weight of the evidence; no error of law appears. An extended opinion would have no precedential value. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order affirming the judgment pursuant to Rule 84.16(b).
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The Court reviews de novo the objected-to portions of the Report and Recommendation.

28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The Court reviews for clear error the unobjected-to

portions of the Report and Recommendation. Johnson v. Zema Systems Corp., 170 F.3d 734, 739

(7th Cir. 1999); see also Conley v. Crabtree, 14 F. Supp. 2d 1203, 1204 (D. Or. 1998).

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Vincent Alphonso Powell, 

Petitioner, 

vs.

Charles L. Ryan, Director of the Arizona

Department of Corrections, et al. 

Respondents. 

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No. CV 18-34-TUC-JAS (LAB)

ORDER

Pending before the Court is a Report and Recommendation issued by United States

Magistrate Judge Bowman that recommends denying Petitioner’s habeas petition filed

pursuant to 28 U.S.C. §2254. As Petitioner’s objections do not undermine the analysis and

proper conclusion reached by Magistrate Judge Bowman, Petitioner’s objections are rejected

and the Report and Recommendation is adopted.1

Before Petitioner can appeal this Court's judgment, a certificate of appealability must

issue. See 28 U.S.C. §2253(c) and Fed. R. App. P. 22(b)(1). The district court that rendered

a judgment denying the petition made pursuant to 28 U.S.C. §2254 must either issue a

certificate of appealability or state why a certificate should not issue. See id. Additionally,

28 U.S.C. §2253(c)(2) provides that a certificate may issue "only if the applicant has made
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a substantial showing of the denial of a constitutional right." In the certificate, the court must

indicate which specific issues satisfy this showing. See 28 U.S.C. §2253(c)(3). A substantial

showing is made when the resolution of an issue of appeal is debatable among reasonable

jurists, if courts could resolve the issues differently, or if the issue deserves further

proceedings. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). Upon review of the

record in light of the standards for granting a certificate of appealability, the Court concludes

that a certificate shall not issue as the resolution of the petition is not debatable among

reasonable jurists and does not deserve further proceedings. 

Accordingly, IT IS HEREBY ORDERED as follows:

(1) The Report and Recommendation (Doc. 28) is accepted and adopted.

(2) Petitioner’s §2254 habeas petition is denied and this case is dismissed with prejudice.

(3) A Certificate of Appealability is denied and shall not issue.

(4) The Clerk of the Court shall enter judgment and close the file in this case.

Dated this 5th day of February, 2019.
<PAGE>

                                EXHIBIT (10)(a)

                        CONSENT OF INDEPENDENT AUDITORS















<PAGE>
                        Consent of Independent Auditors




We consent to the reference to our firm under the caption "Independent Auditors"
in the Statement of Additional Information and to the use of our report dated
February 18, 2000 with respect to the statutory-basis financial statements and
schedules of PFL Life Insurance Company, included in Pre-Effective Amendment
No. 1 to the Registration Statement (Form N-4 No. 333-46594) and related
Prospectus of The U.S. Bancorp Investments Inc. Principal-Plus Variable Annuity.



                                                     Ernst & Young

Des Moines, Iowa
December 15, 2000
<PAGE>   1
                                                                   EXHIBIT 12.1

CONSUMERS U.S.,INC.
STATEMENT RE COMPUTATION OF RATIOS
(DOLLARS IN THOUSANDS)

<TABLE>
<CAPTION>

                                                                                        PERIOD FROM
                                                        YEAR ENDED DECEMBER 31,     FEBRUARY 5, TO 1997
                                                      -------------------------             TO
                                                        1999           1998          DECEMBER 31, 1997
                                                        ----           ----         -------------------
<S>                                                   <C>            <C>            <C>
EARNINGS -

Loss before extraordinary item                        $(17,511)      $ (9,770)            $   (271)

Interest and amortization of debt expense               28,870         27,098               18,281

Rental expense representative of interest factor         5,088          5,915                5,849
                                                      --------       --------             --------


Total earnings                                        $ 16,447       $ 23,243             $ 23,859

FIXED CHARGES -

Interest and amortization of debt expense             $ 28,870       $ 27,098             $ 18,281

Rental expense representative of interest factor         5,088          5,915                5,849
                                                      --------       --------             --------

Total fixed charges                                   $ 33,958       $ 33,013             $ 24,130
                                                      ========       ========             ========


RATIO OF EARNINGS TO FIXED
CHARGES                                                     --             --                   --
                                                      ========       ========             ========
DEFICIENCY OF EARNINGS AVAILABLE
TO COVER FIXED CHARGES                                $ 17,511       $  9,770             $    271
                                                      ========       ========             ========

</TABLE>

For the purposes of computing the ratio of earnings to fixed charges and the
deficiency of earnings available to cover fixed charges, earnings consist of
income (loss) before income taxes, extraordinary items and cumulative effect of
change in accounting, plus fixed charges. Fixed charges consist of interest and
amortization of debt expense plus a portion of operating lease expense.
| 1.     | Such      quarterly report of Form 10-Q for the quarter ending October 31, 2009,      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 such quarterly report of Form 10-Q for the      quarter ending October 31, 2009, fairly represents in all material      respects, the financial condition and results of operations of Emerald      Acquisition Corporation |

| Date:      January 8, 2010                                                      |
|---------------------------------------------------------------------------------|
|                                                                            |
| GOLDEN      OPPORTUNITIES CORPORATION                                           |
|                                                                            |
| By:      /s/      Michael A. Zahorik                                            |
| Michael      A. ZahorikChief      Executive Officer and Chief Financial Officer |
|                                                                            |

----
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Presidential Documents]
[Page 26033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12941]





                        Presidential Documents 



Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / 
Presidential Documents

[[Page 26033]]


                Memorandum of May 10, 1996

                
Delegation of Responsibilities Under Section 
                211(c) of Title II of Public Law 102-228

                Memorandum for the Secretary of State [and] the 
                Secretary of Defense

                By the authority vested in me by the Constitution and 
                the laws of the United States of America, including 
                section 301 of title 3 of the United States Code, I 
                hereby delegate to the Secretary of State the authority 
                and duty vested in the President under section 211(c) 
                of the Soviet Nuclear Threat Reduction Act of 1991 
                (title II of Public Law 102-228), as amended.

                The Secretary of State is authorized and directed to 
                publish this memorandum in the Federal Register.

                    (Presidential Sig.)<Clinton1><Clinton2>

                THE WHITE HOUSE,

                    Washington, May 10, 1996.

[FR Doc. 96-12941
Filed 5-22-96; 8:45 am]
Billing code 4710-10-M
---

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Mark McLeary, Chief Executive Officer of Del
Toro Silver Corp. (the Company) hereby certifies pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

|(1) | the Quarterly Report on Form 10-Q of the Company for the
      period ended January 31, 2011 (the Report) fully complies with the
      requirements of Section 13(a) or Section 15(d), as applicable, of the
      Securities Exchange Act of 1934, as amended; 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: March 17, 2011 | By: /s/ Mark McLeary         
|--------------------- | -----------------------------
|                      | Mark McLeary                 
|                      | Chief Executive Officer      
|                      | (Principal Executive Officer)

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Del Toro Silver
Corp. and will be retained by Del Toro Silver Corp. and furnished to the
Securities and Exchange Commission or its staff upon request.

---
<PAGE>
                                                                    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

         Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and in
connection with the Annual Report on Form 10-K/A of AFC Enterprises, Inc. (the
"Corporation") for the period ended December 28, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, the Chief Financial Officer, certifies 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
Corporation.

Date: May 24, 2004



/s/ Fred B. Beilstein
-----------------------
Fred B. Beilstein
Chief Financial Officer
**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

**AND CHIEF FINANCIAL OFFICER**

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

 

In connection with the accompanying Quarterly Report on Form 10-QSB of Advanced Technology Petroleum Corp., Inc., for the Quarter Ending July 31, 2005, I, Joseph Blimline, Chief Executive Officer and Chief Financial Officer of Advanced Technology Petroleum Corp., Inc. hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that: 

 

1.     Such Quarterly Report on Form 10-QSB for the period ending July 31, 2005, 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 such Quarterly Report on Form 10-QSB for the period ended July 31, 2005, fairly represents in all material respects, the financial condition and results of operations of Advanced Technology Petroleum Corp., Inc. 

 
| Dated: September 12, 2005 |
|---------------------------|

 

**Advanced Technology Petroleum Corp., INC.**

 
| By: | */s/ Joseph Blimline*Chief Executive Officer andChief Financial Officer |
|-----|-------------------------------------------------------------------------|
EXHIBIT 32

                            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 Crown Equity Holdings Inc. on Form
10-KSB for the period from ended December 31, 2006 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), 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/ CLAUDIA ZAMAN
                                        ----------------------------------------
                                        Claudia Zaman
                                        CEO, CFO
                                        Dated: April 13, 2007

This certification accompanies the Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
H. Res. 53 

In the House of Representatives, U. S., 

January 14, 2009. 

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule 

XVIII, declare the House resolved into the Committee of the 

Whole House on the state of the Union for consideration of 

the bill (H.R. 384) to reform the Troubled Assets Relief Program of the Secretary of the Treasury and ensure accountability under such Program. The first reading of the bill shall 

be dispensed with. All points of order against consideration 

of the bill are waived except those arising under clause 9 of 

rule XXI. General debate shall be confined to the bill and 

shall not exceed 2 hours equally divided and controlled by the 

chair and ranking minority member of the Committee on Financial Services. After general debate, the Committee of the 

Whole shall rise without motion. No further consideration of 
2 

•HRES 53 EH 

the bill shall be in order except pursuant to a subsequent 

order of the House. 

Attest: 

Clerk.
**Exhibit    23.1** **CONSENT    OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**     We have issued our reports dated March 12, 2008,    accompanying the consolidated financial statements and    management’s assessment of the effectiveness of internal    control over financial reporting included in the Annual Report    of AFC Enterprises, Inc. and subsidiaries on    Form 10-K    for the year ended December 30, 2007. We hereby consent to    the incorporation by reference of said reports in the    Registration Statements of the Company on    Forms S-8    (File No. 56444, effective March 2, 2001, File    No. 333-98867,    effective August 28, 2002, and File    No. 333-137087,    effective September 1, 2006) and on    Form S-3    (File    No. 333-86914).     /s/ GRANT THORNTON LLP     Atlanta, Georgia    March 12, 2008
[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Notices]
[Page 26940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13330]



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

SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 33-7297; 34-3736; File No. 265-20]


Advisory Committee on the Capital Formation and Regulatory 
Processes; Meeting

agency: Securities and Exchange Commission.

action: Notice of meeting.

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

summary: This is to give notice that the Securities and Exchange 
Commission Advisory Committee on the Capital Formation and Regulatory 
Processes will meet on June 10, 1996 in room 1C30 at the Commission's 
main offices, 450 Fifth Street NW., Washington, D.C., beginning at 1:30 
p.m. The meeting will be open to the public, and the public is invited 
to submit written comments to the Committee.

addresses: Written comments should be submitted in triplicate and 
should refer to File No. 265-20. Comments should be submitted to 
Jonathan G. Katz, Secretary, Securities and Exchange Commission, 450 
Fifth Street NW., Washington, D.C. 20549.

for further information contact: David A. Sirignano, Committee Staff 
Director, at 202-942-2870; Securities and Exchange Commission, 450 
Fifth Street NW., Washington, D.C. 20549.

supplementary information: In accordance with section 10(a) of the 
Federal Advisory Committee Act, 5 U.S.C. App. 10a, notice is hereby 
given that the Committee will meet on June 10, 1996 in room 1C30 at the 
Commission's main offices, 450 Fifth Street NW., Washington, D.C., 
beginning at 1:30 p.m. The meeting will be open to the public.
    The Committee was formed in February 1995, and its responsibilities 
include advising the Commission regarding the informational needs of 
investors and the regulatory costs imposed on the U.S. securities 
markets. The purpose of this meeting will be to discuss progress of the 
Committee's work and draft report, and possibly vote on the Committee's 
report.

    Dated: May 22, 1996.
Jonathan G. Katz,
Secretary.
[FR Doc. 96-13330 Filed 5-28-96; 8:45 am]
BILLING CODE 8010-01-M
#### STATE of Missouri, Plaintiff-Respondent, v. Robert KELLEY, Defendant-Appellant. Robert A. KELLEY, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Nos. 56165, 57491.

Missouri Court of Appeals, Eastern District, Division Three.

July 24, 1990.

John A. Klosterman, Columbia, for defendant-appellant.

William L. Webster, Atty. Gen., Robert Y. Franson, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

REINHARD, Judge.

Defendant appeals both from his conviction by a jury of first degree murder, § 565.020.1, RSMo 1986, and sentence by the court as a prior, persistent and dangerous offender to life imprisonment without eligibility for parole and from the denial of his Rule 29.15 motion after an evidentiary hearing. We dismiss.

Defendant gave four men, including the victim, a ride to a trailer park after the tavern they were in closed. As the four were exiting the car, defendant accused them of taking his beer from the car. After an altercation, defendant, with his wife and the other passenger, drove off leaving the four men near the trailer park. Defendant returned alone to the trailer park. There he again argued with three of the *698four over the missing beer. During the second confrontation defendant pulled a gun from his pocket and shot the victim in the heart. The other men fled. Defendant drove off. The two men who were with the victim when he was shot and two persons who witnessed the shooting from their trailer were among those who testified for the state at trial. Defendant presented no evidence.

Defendant appeared with counsel for sentencing on September 12, 1988. Before the court pronounced sentence defendant absented himself and fled. The court issued a capias warrant for his arrest. Defendant was extradited from California and the court sentenced him on January 25, 1989.

We agree with the state that, because defendant absconded, the “escape rule” applies and we should dismiss his appeal. *State v. Thomas,*792 S.W.2d 66 (Mo.App.1990) (direct and postconviction); *State v. Wright,*763 S.W.2d 167 (Mo.App.1988) (direct); *Stradford v. State,*787 S.W.2d 832 (Mo.App.1990) (postconviction).

Appeal dismissed.

CRANDALL, C.J., and STEPHAN, J., concur.