alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**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 51147, Inc., for the Quarter Ending April 30, 2006, I, Michael Zahorik, Chief Executive Officer and Chief Financial Officer of 51147, 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 April 30, 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 April 30, 2006, fairly represents in all material respects, the financial condition and results of operations of 51147, Inc. 

 
| Dated: September 21, 2006 |
|---------------------------|

 

**51147, INC.**

 
| By: | */s/ Michael Zahorik*Chief Executive Officer andChief Financial Officer |
|-----|-------------------------------------------------------------------------|
#### STATE of Missouri, Respondent, v. Haze SHUMPERT, Appellant.

No. 54431.

Missouri Court of Appeals, Eastern District, Division Three.

May 29, 1990.

Henry B. Robertson, Deborah B. Wafer, Asst. Public Defender, St. Louis, for appellant.

William L. Webster, Atty. Gen., Robert P. Sass, Asst. Atty. Gen., Jefferson City, for respondent.

PER CURIAM.

Movant appeals from denial of his post-conviction Rule 29.15 motion seeking to set aside his conviction and sentence of ten years for sodomy. The motion was based on ineffectiveness of counsel. We find no error in the court’s denial of the motion, that the judgment is based upon findings of fact that are not clearly erroneous and that an opinion would have no precedential value. A statement in support of our conclusion has been furnished to the parties. The judgment is affirmed pursuant to Rule 84.16(b).
```
[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Notices]
[Pages 29794-29795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14901]

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

DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 32969]

BHP Nevada Railroad Company--Acquisition and Operation 
Exemption--Northern Nevada Railroad Corporation

    BHP Nevada Railroad Company (BNR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire the rail 
lines and other assets of Northern Nevada Railroad Corporation (NN) 
from milepost 0.0 at Cobre to the end of the line at milepost 148.941 
at Riepetown, and from milepost 0.0 at McGill Junction to the end of 
the line at milepost 1.3 at McGill, a total of approximately 150.241 
miles in Elko and White Pine Counties, NV.

[[Page 29795]]

Consummation was expected to occur on or after May 31, 1996.
---------------------------------------------------------------------------

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to Board 
jurisdiction pursuant to 49 U.S.C. 10901.
---------------------------------------------------------------------------

    This proceeding is related to BHP Copper--Continuance in Control 
Exemption--BHP Nevada Railroad Company, STB Finance Docket No. 32970, 
wherein BHP Copper has concurrently filed a verified notice to continue 
to control BHP Nevada Railroad Company, upon its becoming a Class III 
rail carrier.
    If the notice contains false or misleading information, the 
exemption is void ab initio. Petitions to revoke the exemption under 49 
U.S.C. 10502(d) may be filed at any time. The filing of a petition to 
revoke will not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 32969, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423 and served on: Fritz R. Kahn, Fritz 
R. Kahn, P.C., Suite 750 West, 1100 New York Avenue, NW, Washington, DC 
20005-3934.

    Decided: June 4, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-14901 Filed 6-11-96; 8:45 am]
BILLING CODE 4915-00-P
```
**EXHIBIT32.1**

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

Inconnection with the IOMED, Inc. (the “Company”) Annual Report on Form 10-K forthe period ending June 30, 2006, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Robert J. Lollini, Presidentand Chief Executive Officer of the Company, do hereby certify, pursuant to 18U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that to the best of my knowledge:

1.                                       TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities and Exchange Act of 1934, as amended; and

2.                                       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| Date:  |   | September 26, 2006 |   | By:    |   | /s/ ROBERT J. LOLLINI                 |   |
|--------|--------|--------------------|--------|--------|--------|---------------------------------------|--------|
|   |   |               |   |   |   | Robert J. Lollini                     |
|   |   |               |   |   |   | President and Chief Executive Officer |

 

A signed originalof this written statement required by Section 906 has been provided to IOMED,Inc. and will be retained by IOMED, Inc. and furnished to the Securities andExchange Commission or its staff upon request.

----
EXHIBIT 32.2

CERTIFICATION BY 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 quarterly report of Cheniere Energy Partners, L.P. (the Partnership) on Form
10-Q for the period ending September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Don A. Turkleson, Chief Financial Officer of Cheniere Energy Partners GP, LLC, the general
partner of the Partnership, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to my knowledge, 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 Partnership.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------

Date: November 6, 2007



|                                                                                                                               
|-------------------------------------------------------------------------------------------------------------------------------
|/s/ Don A. Turkleson                                                                                                           
|Don A. Turkleson Chief Financial Officer of Cheniere Energy Partners GP, LLC, general partner of Cheniere Energy Partners,
L.P.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

GERMAN TELLO TORRES;

ALEJANDRA LUGO LUJANO,

 Petitioners,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-72150

Agency Nos. A096-069-727

A096-069-728

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted August 2, 2011** 

Before: LEAVY, IKUTA, and N.R. SMITH, Circuit Judges.

German Tello Torres and Alejandra Lugo Lujano, natives and citizens of

Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”)

order denying their motion to reopen. Our jurisdiction is governed by 8 U.S.C.

§ 1252. We review for abuse of discretion the denial of a motion to reopen. 

FILED

AUG 10 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-72150

Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008). We dismiss in part and

deny in part the petition for review.

We lack jurisdiction to review the BIA’s discretionary determination that the

motion to reopen’s additional evidence of hardship was insufficient to establish a

prima facie case of the hardship required for cancellation of removal. See

Fernandez v. Gonzales, 439 F.3d 592, 600-603 (9th Cir. 2006).

The BIA did not abuse its discretion in denying petitioners’ motion to

reopen based on the new evidence regarding violence in Mexico because

petitioners did not demonstrate prima facie eligibility for the relief sought. See

Toufighi, 538 F.3d at 996-97; see also Cano-Merida v. INS, 311 F.3d 960, 965-66

(9th Cir. 2002).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.
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 annual report of Sutor Technology Group Limited (the
“Company”) on Form 10-K/A for the period ended December 31, 2007 as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
I, Yongfei Jiang, Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. § 1350, as adopted pursuant to § 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/
      Yongfei JiangYongfei
      JiangChief
      Financial Officer





May 13,
2009





A signed
original of this written statement required by Section 906 has been provided to
Sutor Technology Group Limited and will be retained by Sutor Technology Group
Limited and furnished to the Securities and Exchange Commission or its staff
upon request.





The
forgoing certification is being furnished to the Securities and Exchange
Commission pursuant to § 18 U.S.C. Section 1350. It is not being filed for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and
is not to be incorporated by reference into any filing of the Company, whether
made before or after the date hereof, regardless of any general incorporation
language in such filing.
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. §1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE

SARBANES-OXLEY ACT OF 2002

In accordance with 18 U.S.C. §1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, David L. Swift, President and Chief Executive Officer of Goodman Global, Inc. (the Registrant) and Lawrence M. Blackburn, Executive Vice President and Chief
Financial Officer of the Registrant, each hereby certifies that, to the best of his knowledge:



| | 1. | the Registrants Quarterly Report on Form 10-Q for the period ended September 30, 2009, to which this Certification is attached as Exhibit 32.1 (the
Periodic Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended;
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | the information contained in the Periodic Report fairly presents, in all material respects, the financial condition of the Registrant at the end of the period covered
by the Periodic Report and results of operations of the Registrant for the periods covered by the Periodic Report.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/    David L. SwiftDavid L. SwiftPresident and Chief Executive OfficerBy:

/s/    Lawrence M. BlackburnLawrence M. BlackburnExecutive Vice President and Chief Financial Officer


Date: November 10, 2009
AMENDMENT TO
 EMPLOYMENT AGREEMENT
 
 THIS AMENDMENT TO EMPLOYMENT AGREEMENT(the “Amendment”), dated as of October 27, 2010, is entered into by and among Globe Specialty Metals, Inc. (the “Company”) and Stephen Lebowitz (“Executive”).
 
 WHEREAS, Company and Executive are parties to that certain Employment Agreement dated as of June 20, 2008 (“Original Agreement”);
 
 WHEREAS, the Original Agreement provided that Executive would be eligible to receive annual stock grants on the terms and conditions and in the amounts set forth in the Original Agreement;
 
 WHEREAS, the Company adopted an annual executive bonus plan on August 30, 2010 that the compensation committee believed better aligned incentive awards for the Company’s executives with the Company’s goals; and
 
 WHEREAS, Company and Executive desire to amend the Original Agreement to reflect the adoption of the annual executive bonus plan in accordance with and subject to the terms and conditions set forth in this Amendment.
 
 NOW, THEREFORE, the parties hereby agree as follows:
 
 1.           Definitions.  Unless otherwise defined herein, capitalized terms used in this Amendment shall have the meaning ascribed to them in the Original Agreement.
 
 2.           Amendment to Section 3.2.  Section 3.2 of the Original Agreement is hereby amended and restated in its entirety as follows:
 
 3.2.           Annual Executive Bonus Plan.  In addition to the Executive’s Base Salary, the Executive shall be eligible to receive awards in accordance with the terms of the annual executive bonus plan approved by the compensation committee of the Board (the “Committee”) on August 30, 2010, and attached hereto as Annex B, the terms of which are subject to periodic review and modification by the Committee.
 
 3.           Amendment to Annexes.  Annex B, attached hereto, is hereby incorporated into and shall form a part of the Original Agreement as amended by this Amendment.
 
 4.           Effect of Amendment.  The parties acknowledge that the adoption of the annual executive bonus plan set forth in this Amendment supersedes any awards Executive may have been eligible to receive pursuant to Section 3.2 of the Original Agreement in respect of the calendar year ending December 31, 2010.  Except as set forth in this Amendment, the Original Agreement shall continue in full force and effect.  To the extent, if any, that any provision of this Amendment conflicts with or differs from any provision of the Original Agreement, such provision of this Amendment shall prevail and govern for all purposes and in all respects.
  
 
 IN WITNESS WHEREOF,the parties hereto have executed this Amendment on the date first written above.  This Amendment may be signed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall be deemed one and the same document.
 
 COMPANY:
 
 Globe Specialty Metals, Inc.
 By: /s/ Malcolm Appelbaum
 Name: Malcolm Appelbaum
 Title: Chief Financial Officer
 
 EXECUTIVE:
 
 /s/ Stephen Lebowitz
 Stephen Lebowitz
 
  
  ANNEX B
 
 Filed as Exhibit 10.1 to the Form 10-Q filed on November 12, 2010
CERTIFICATIONS
OF CHIEF EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER
 PURSUANT
TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906
 OF
THE SARBANES-OXLEY ACT OF 2002
  I, David
M. Morse, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of
Location Based Technologies, Inc. (the “Company”) on Form 10-QSB for the fiscal
quarter ended May 31, 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-QSB fairly presents in all material respects
the financial condition and results of operations of the Company.
  Date:  July
      14, 2008
                By:
                /s/ David
      M. MorseName:  David
      M. MorseTitle:  Co-President
      and Chief Executive Officer
  I,
Desiree Mejia, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of
Location Based Technologies, Inc. (the “Company”) on Form 10-QSB for the fiscal
quarter ended May 31, 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-KSB fairly presents in all material respects
the financial condition and results of operations of the Company.
  Date:  July
      14, 2008
                  By:
                  /s/ Desiree
      MejiaName:  Desiree
      MejiaTitle:  Chief
      Operating Officer and Principal Financial
Officer
 Signed
originals of these written statements required by Section 906 of the
Sarbanes-Oxley Act of 2002 have 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.
  These
certifications accompany the Form 10-QSB to which they relate, are not deemed
filed with the Securities and Exchange Commission and are not to be incorporated
by reference into any filing of the Company under the Securities Act of 1933 or
the Securities Exchange Act of 1934 (whether made before or after the date of
this Form 10-QSB), irrespective of any general incorporation language contained
in such filing.
* This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and col lateral estoppel. This court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10th Cir. R. 36.3.

** After examining the briefs and the appellate recor d, this three-judge panel has determined unanimously that oral argumentwould not be of material assistance in the determination of this appeal. Se e Fed. R. App. P. 34(a); 10th Cir. R. 34.1 (G). The cause is therefore ordered s ubmitted without oral argument. 

## F I L E D United States Court of Appeals Tenth Circuit 

### OCT 30 2000 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT
HENRY L. RUDOLPH, Petitioner - Appellant, vs. HANK GALETKA, Respondent - Appellee. No. 00-4099 (D.C. No. 99-CV-371) (D. Utah)

ORDER AND JUDGMENT *
Before BRORBY , KELLY , and MURPHY , Circuit Judges. ** Mr. Rudolph, an inmate appearing pro se, seeks to appeal the district court’s remand order, again dismissing his habeas p etition without prejudice for failure to exhaust all of his federal claims in state court. We had remanded the case to the district court for consideration of 28 U.S.C. 2254(b)(2), which allows a federal district court to deny, but not grant, un exhausted habeas claims, as an- 2 -

alternative to the dismissal of a mixed petition . See Rudolph v. Galetka , No. 99- 4207, 2000 WL 293706, at *2 (10th Cir. Mar. 21, 200 0). On remand, the district court concluded that petitioner raised colorable fe deral claims that were unexhausted and were not easily resolvable, at leas t not without a review of trial and appellate court records. See I R. doc. 27 at 2; doc. 25 at 6. On appeal, Mr. Rudolph urges the merits of his clai ms and argues that exhaustion would be futile and that obvious structural errors suggest dispensing with the exhaustion requirement. Mr. Rudolph’s con clusory and somewhat inflammatory statements do not demonstrate that exh austion should be excused. See Duckworth v. Serrano , 454 U.S. 1, 4 (1981). We cannot say the districtcourt abused its discretion in requiring exhaustion, havi ng found colorable federal claims. See Lambert v. Blackwell , 134 F.3d 506, 515 (3rd Cir. 1997). In view of the remand inviting the district court t o consider 28 U.S.C. § 2254(b)(2) and the same disposition on remand, we GRANT a certificate of appealability, see Slack v. McDaniel , 120 S. Ct. 1595, 1604 (2000); Paredes v. Atherton , No. 00-1016, 2000 WL 1289022 (10th Cir. Aug. 28, 2000), and AFFIRM the district court’s dismissal without preju dice. All other pending

motions are denied.- 3 - Entered for the Court Paul J. Kelly, Jr. Circuit Judge
Exhibit 32.1





CERTIFICATION OF THE PRINCIPAL 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 Volcan Holdings, Inc. (the Company) on Form 10-Q for the quarterly period ended March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Pnina Feldman, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to 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 the Company.

|      |              |     |                                      
|----- | ------------ | --- | -------------------------------------
|Date: | May 20, 2009 | By: | /s/ Pnina Feldman                    
|      |              |     | Pnina Feldman                        
|      |              |     | President and Chief Executive Officer
|      |              |     | (Principal Executive 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 Quarterly Report of Sunovia Energy Technologies, Inc. (the "Company") on Form 10-Q for the quarter ended January 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Carl L. Smith, III, Chief Executive Officer and I, Matthew Veal, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 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 and 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.





March 22, 2010
/s/Carl L. Smith, IIICarl L. Smith, IIIChief Executive Officer





March 22, 2010
/s/Matthew VealMatthew VealChief Financial Officer