alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Demerise CAMERON, Appellant, v. STATE of Missouri, Respondent.

No. 63335.

Missouri Court of Appeals, Eastern District, Division One.

Nov. 16, 1993.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 16, 1994.

Application to Transfer Denied June 21, 1994.

David C. Hemingway, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl A. Caponegro, Asst. Atty. Gen., Jefferson City, for respondent.

Before CRANDALL, P.J., and REINHARD and CRIST, JJ.

ORDER

PER CURIAM.

Defendant appeals the denial of his Rule 24.035 motion without an evidentiary hearing. We find no error of law appears, and the findings of fact issued by the motion court in denying Defendant’s motion are not clearly erroneous. Rule 84.16(b)(2) and (5).

We further find an opinion would have no precedential value and affirm by written order. Rule 84.16(b). A memorandum has been issued to the parties for their use only.
<PAGE>

                                                                    Exhibit 32.2

                  CORPORATE PROPERTY ASSOCIATES 14 INCORPORATED

                    CERTIFICATION OF 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 Annual Report of Corporate Property Associates 14
Incorporated (the "Company") on Form 10-K for the period ending December 31,
2003 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, John J. Park, Chief Financial 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 result of
                  operations of the Company.

/s/      John J. Park
         --------------------------

         John J. Park
         Chief Financial Officer
         Date 3/10/04

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 Corporate Property Associates 14
Incorporated and will be retained by Corporate Property Associates 14
Incorporated and furnished to the Securities and Exchange Commission or its
staff upon request.
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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Dowan Hall,

Petitioner,

v. 

Charles L. Ryan, et al.,

Respondents.

No. CV-17-04118-PHX-JJT (MHB)

ORDER 

At issue is the Report and Recommendation (“R&R”) (Doc. 12) submitted by 

United States Magistrate Judge Michelle H. Burns, recommending that the Court deny and 

dismiss as untimely the Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254. 

(Doc. 1.) In the R&R, Judge Burns warned the parties they had fourteen days after its 

issuance on November 30, 2018, to file any objections thereto, and if none were filed, the 

Court may accept the R&R without further review. (Doc. 12 at 7-8.) United States v. ReynaTapia, 328 F.3d 1114, 1121, 1128 (9th Cir. 2003). Petitioner has filed no objections and 

the time to do so has long passed. The Court is thus entitled to accept the R&R and dismiss 

the Petition. 

Even upon an independent review of the merits, however, the Court concludes Judge 

Burns’ analysis and recommendation are correct. The Arizona Court of Appeals affirmed 

Petitioner’s convictions and sentences November 4, 2010. They became final for purposes 

of seeking collateral review thirty days later—on December 6, 2010. The limitations period 

for initiating these proceedings started running that day, and expired one year later absent 
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tolling, on December 6, 2011. Petitioner did not file his Petition until November 8, 2017. 

His Petition is thus nearly six years late and he presents no basis for the application of 

statutory or equitable tolling of that deadline, as Judge Burns concluded. 

IT IS ORDERED adopting in full the R&R in this matter. (Doc. 12.)

IT IS FURTHER ORDERED denying and dismissing with prejudice the Petition 

for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254. (Doc. 1.) 

IT IS FURTHER ORDERED denying a Certificate of Appealability or leave to 

proceed in forma pauperis on appeal. The Court finds the dismissal of the Petition is 

justified by a plain procedural bar, and that jurists of reason would not find the procedural 

ruling debatable.

IT IS FURTHER ORDERED directing the Clerk of Court to terminate this matter.

Dated this 11th day of February, 2019.

Honorable John J. Tuchi

United States District Judge
Exhibit 99.2  A-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 Devine Entertainment
Corporation, (the "Company") on Form 10-QSB for the quarter ended March 31, 2008
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 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.

Date: May 14, 2008
                                               /s/ Richard Mozer
                                               ---------------------------------
                                               Name:   Richard Mozer
                                               Title:  Chief Financial Officer
H. Res. 580 

In the House of Representatives, U. S., 

June 25, 2009. 

Resolved, That the following named Members be, and are 

hereby, elected to the following standing committee of the 

House of Represenattives: 

COMMITTEE ON EDUCATION AND LABOR: Mr. Kline of 

Minnesota, to rank before Mr. Petri; and Mr. McKeon, to 

rank before Mr. Hoekstra. 

Attest: 

Clerk.
EXHIBIT 17

Case 2:17-cv-04140-DWL Document 89-17 Filed 10/09/18 Page 1 of 5
Case 2:17-cv-04140-DWL Document 89-17 Filed 10/09/18 Page 2 of 5
Case 2:17-cv-04140-DWL Document 89-17 Filed 10/09/18 Page 3 of 5
Case 2:17-cv-04140-DWL Document 89-17 Filed 10/09/18 Page 4 of 5
Case 2:17-cv-04140-DWL Document 89-17 Filed 10/09/18 Page 5 of 5
EXHIBIT 31.2

                                 CERTIFICATIONS


I, James M. Spiezio, certify that:

1.       I have reviewed this annual report on Form 10-K of Beacon Power
         Corporation;

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 such 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 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:

         (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.


         March 31, 2005


         /s/ James M. Spiezio
         James M. Spiezio
         Chief Financial Officer
##### 



Exhibit 31.1
 
  1.
    
    I have reviewed this Quarterly Report on Form 10-Q of Pike Electric Corporation;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(s) 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 such
evaluation; andc)
    
    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(s) 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 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;
andb)
    
    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.
 /s/ J. Eric PikeDate:
November 14, 2005
    
    J. Eric PikeChairman, President and Chief Executive Officer
#### Wallace Jenkins, Plaintiff, *v.*Bleecker-Thompson Corp., Defendant.

Supreme Court, Special Term, New York County,

November 27, 1956.

*Tropp & Steinbock*for defendant.

*Walter J. Klein*for plaintiff.

S. Samuel Di Falco, J.

Upon the foregoing papers this motion to direct plaintiff to post security for costs is granted. Plaintiff’s attempt to show that he resides in New York City falls far short of the proof necessary to establish that fact for *713the purpose of this application. The mere keeping of a mailing address is not sufficient in the face of plaintiff’s statement that he has been working in New Jersey for several months and has apparently also lived there for that period. While plaintiff claims an intent to return to New York, there is no certainty that he will actually do so. The statute governing this application, section 1522 of the Civil Practice Act, when it speaks of *“*residing without the state ” relates to actual dwelling rather than a technical domicile as may be involved for the purposes of other statutes or laws *(Morek*v. *Smolak,*245 App. Div. 355; *Harshbarger*v. *Sherron Metallic Corp.,*179 Misc. 1037). The facts before me indicate that at the present time plaintiff is actually dwelling in the State of New Jersey. It there appears, within the principles laid down in the foregoing eases, that he is a nonresident within the purview of section 1522 and as such must supply security for costs. Settle order.
<PAGE>

EXHIBIT 32.1

                                  CERTIFICATION
                                       OF
                           CHIEF EXECUTIVE OFFICER
                                       AND
                             CHIEF FINANCIAL OFFICER
                           PURSUANT TO 18 U.S.C. 1350,
                             AS ADOPTED PURSUANT TO

                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Steven Gluckstern, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on
Form 10-Q of Ivivi Technologies, Inc. for the quarter ended June 30, 2008, fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Quarterly Report on
Form 10-Q fairly presents, in all material respects, the financial condition and
results of operations of Ivivi Technologies, Inc.

I, Alan Gallantar, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form
10-Q of Ivivi Technologies, Inc. for the quarter ended June 30, 2008, fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Quarterly Report on
Form 10-Q fairly presents, in all material respects, the financial condition and
results of operations of Ivivi Technologies, Inc.

                                       By: /s/ Steven Gluckstern
                                           -----------------
                                           Steven Gluckstern
                                           President and Chief Executive Officer

                                       Date: August 14, 2008

                                       By: /s/ Alan Gallantar
                                           ---------------------
                                           Alan Gallantar
                                           Senior Vice President and Chief
                                           Financial Officer

                                       Date: August 14, 2008


The foregoing certification is being furnished solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter
63 of Title 18, United States Code) and is not being filed as part of the
Quarterly Report on Form 10-Q of Ivivi Technologies, Inc. for the quarter ended
June 30, 2008 or as a separate disclosure document.

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 Ivivi Technologies, Inc. and will
be retained by Ivivi Technologies, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
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 Form 10-QSB of Avicena Group, Inc. (the Company) for the quarterly period ended June 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to the best of their knowledge and belief, that:



| | 1) | the Report fully complies with the requirements of Sections 13(a) or 15(d) of the Securities and 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Belinda Tsao NivaggioliName:

Belinda Tsao NivaggioliTitle:

Chief Executive OfficerDate:

August 20, 2007/s/ Michael SullivanName:

Michael SullivanTitle:

Acting Chief Financial OfficerDate:

August 20, 2007


This certification shall not be deemed filed for purposes of Section 18 of
the Securities and Exchange Act of 1934, or the Exchange Act, or otherwise subject to the liability of Section 18 of the Exchange Act. Such certification shall not be deemed to be incorporated by reference into any filing under the Securities
Act of 1933 or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
*After an examination of the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. SeeFed. R. App. P. 34(a)(2). 

# United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted July 19, 2006 *

Decided July 21, 2006 Before Hon. KENNETH F. RIPPLE, Circuit Judge Hon. DANIEL A. MANION, Circuit Judge Hon. DIANE P. WOOD, Circuit Judge

No. 05-4111 UNITED STATES OF AMERICA, Plaintiff-Appellee ,

v. DANA WARMUZ, Defendant-Appellant

. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division No. 04-CR-938-1 Amy J. St. Eve, Judge. O R D E R Dana Warmuz pleaded guilty to embezzlement, see18 U.S.C. § 656, and was sentenced under the advisory sentencing guidelines to 24 months in prison. Now she argues that her sentence violates ex post facto principles of due process because the district court would have been required to impose a lower sentence under the mandatory guidelines regime that was in place when she committed her crime. UNPUBLISHED ORDER Not to be cited per Circuit Rule 53No. 05-4111 Page 2 As Warmuz acknowledges, we have already decided that no due process violation arises from retroactively applying the advisory regime created by United States v. Booker, 543 U.S. 220 (2005). See United States v. Paulus , 419 F.3d 693, 698-99 (7th Cir. 2005); United States v. Jamison , 416 F.3d 538, 539 (7th Cir. 2005). Nonetheless, Warmuz asks us to change the rule. In a number of recent cases, however, we have already rejected the arguments she offers for overruling our precedent. E.g. , United States v. Sliman , 449 F.3d 797, 801 (7th Cir. 2006); United States v. Farris , 448 F.3d 965, 968-69 (7th Cir. 2006). Indeed, we are especially confident of our views when we consider that every other circuit agrees with us. See United States v. Lata , 415 F.3d 107, 110-12 (1st Cir. 2005); United States v. Fairclough , 439 F.3d 76, 78-79 (2d Cir. 2006) (per curiam), cert. denied , 2006 WL 1527191 (U.S. June 19, 2006);United States v. Pennavaria , 445 F.3d 720, 723-24 (3d Cir. 2006); United States v. Davenport , 445 F.3d 366, 369-70 (4th Cir. 2006); United States v. Austin , 432 F.3d 598, 599-600 (5th Cir. 2005) (per curiam); United States v. Richardson , 437 F.3d 550, 555 (6th Cir. 2006); United States v. Wade, 435 F.3d 829, 832 (8th Cir. 2006) (per curiam); United States v. Dupas , 419 F.3d 916, 919-21 (9th Cir. 2005), cert. denied , 126 S. Ct. 1484 (2006); United States v. Rines , 419 F.3d 1104, 1106-07 (10th Cir. 2005), cert. denied , 126 S. Ct. 1089 (2006); United States v. Duncan , 400 F.3d 1297, 1306-08 (11th Cir. 2005), cert. denied , 126 S. Ct. 432 (2005); United States v. Alston-Graves , 435 F.3d 331, 343 (D.C. Cir. 2006). Accordingly, the judgment of the district court is AFFIRMED

.
**EXHIBIT 32.2**

**CERTIFICATION PURSUANT TO**

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

**AS ADOPTED PURSUANT TO**

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

In connection with the Quarterly Report of Jamba, Inc. (the “Company”) on Form 10-Q forthe quarter ended May 1, 2007, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Donald D. Breen, Senior Vice President and Chief Financial Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (“Section 906”), that: 

(1) The Report fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and 

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

 

Date: June 11, 2007 

*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 electronicversion of this written statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.*