alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6155
ROBERT WAYNE WRIGHT, Plaintiff - Appellant, versusWARDEN WALLACE; UNIT MANAGER HOWARD; LIEUTENANT MARTIN; SERGEANT GLADMAN; OFFICER DAVIS; OFFICER THAMES, Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Solomon Blatt, Jr., Senior District Judge. (CA-95-222-0-8AJ) Submitted: August 22, 1996 Decided: September 3, 1996 Before RUSSELL, HALL, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Wayne Wright, Appellant Pro Se. Edwin Eugene Evans, Senior Assistant Attorney General, Joseph Dawson Shine, Alexandria Skinner, SOUTH CAROLINA BUDGET AND CONTROL BOARD, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order adopting the magistrate judge's recommendation to dismiss under Fed. R. Civ. P. 12(b)(6) all of Appellant's claims, except for his claim that his placement in four-point restraints violated his constitutional rights. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction onlyover final orders, 28 U.S.C. § 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We dismiss the appeal as interlocutory. We deny Appellant's motions for production of documents and for general relief and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHER DIVISION

HON. PATRICK J.DUGGAN

CIVIL NO.08-15328

AL MORRISON,

Plaintiff(s),

-VPERINI BUILDING COMPANY, INC.,

Defendant(s).

 /

ORDER OF DISMISSAL

At a session of said Court held in the

United States Courthouse,in the City of

Detroit, State of Michigan, on September 21, 2009.

PRESENT: THE HONORABLE PATRICK J.DUGGAN

 UNITED STATES DISTRICT JUDGE

The Court having received a Stipulation for Dismissal but no order having been 

presented; 

IT IS HEREBY ORDERED that the above-entitled case be, and hereby is 

DISMISSED with prejudice pursuant to the stipulation of the parties filed September 21,

2009.

s/Patrick J. Duggan 

Patrick J. Duggan

United States District Judge

Dated: September 21, 2009

I hereby certify that a copy of the foregoing document was served upon counsel of record

on September 21, 2009, by electronic and/or ordinary mail.

s/Marilyn Orem 

Case Manager

 

2:08-cv-15328-PJD-DAS Doc # 13 Filed 09/21/09 Pg 1 of 1 Pg ID 42
EXHIBIT
32.2








CERTIFICATION
OF CHIEF FINANCIAL OFFICER


Section
906 Certification





Pursuant
to 18 U.S.C. § 1350, the undersigned officer of DISH DBS Corporation (the
“Company”) hereby certifies that to the best of his knowledge the Company’s
Annual Report on Form 10-K for the year ended December 31, 2009 (the “Report”)
fully complies with the requirements of Section 13(a) or 15(d), as applicable,
of the Securities Exchange Act of 1934 and that the information contained in the
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.











Dated:
March 9,
2010





Name:
/s/
Robert E.
Olson





Title:
Chief
Financial
Officer








The
foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350
and is not being filed as part of the Report 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 the Company and will be retained by the
Company and furnished to the Securities and Exchange Commission or its staff
upon request.
1 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff, 

v. 

Michael Lacey, et al., 

Defendants. 

No. CR-18-422-PHX-SPL 

ORDER GRANTING DEFENDANTS’ 

MOTION FOR LEAVE TO LATE 

FILE REPLY IN SUPPORT OF 

MOTION FOR FURTHER 

CLARIFICATION RE ORDER 

ALLOWING THE GOVERNMENT 

TO CONTINUE REVIEW OF 

PRIVILEGED COMMUNICATIONS 

Having considered Defendants’ Motion for Leave to Late File Reply in support of 

Motion for further Clarification re Order Allowing the Government to Continue Review 

of Privileged Communications, and good cause appearing: 

IT IS HEREBY ORDERED that the Motion is GRANTED. 

DATED this ______ day of _______, 2019. 

___________________________ 

Judge Steven P. Logan 

Case 2:18-cr-00422-DJH Document 479-2 Filed 02/27/19 Page 1 of 1
2:09-cv-10454-VAR-LJM Doc # 152 Filed 05/24/13 Pg 1 of 2 Pg ID 3226
2:09-cv-10454-VAR-LJM Doc # 152 Filed 05/24/13 Pg 2 of 2 Pg ID 3227
<PAGE>

                                                                    Exhibit 12.1

                    Statement Regarding Computation of Ratios
         (In thousands, except ratio of earnings to fixed charges data)

<TABLE>
<CAPTION>

                                                                    Years Ended December 31,
                                                   ------------------------------------------------------
                                                       2001       2000       1999       1998        1997
                                                      ------     ------     ------     ------      -----
<S>                                                <C>        <C>          <C>        <C>         <C>
Fixed charges:
   Interest expense on debt ....................   $  58,833  $   55,482   $ 45,293   $ 31,930    $ 21,367
   Capitalized interest ........................       4,798       4,086      1,074        529          --
   Interest element of rent expense ............       5,195       4,462      3,309      2,440       2,053
   Fixed charges of unconsolidated subsidiary ..          --          --         --         --          --
                                                   ---------  ----------   --------   --------    --------
                                                   $  68,826  $   64,030   $ 49,676   $ 34,899    $ 23,420
                                                   =========  ==========   ========   ========    ========
Earnings:
   Consolidated net loss .......................   $(215,644) $  (70,875)  $(54,979)  $(34,342)   $(10,773)
   Extraordinary loss ..........................          --       1,321         --      8,436         508
   Preacquisition losses .......................          --          --         --         --         (74)
   (Benefit) provision for income taxes ........          --        (512)        94     (6,454)     (3,324)
   Fixed charges ...............................      68,826      64,030     49,676     34,899      23,420
                                                   ---------  ----------   --------   --------    --------
                                                   $(146,818) $   (6,036)  $ (5,209)  $  2,539    $  9,757
                                                   =========  ==========   ========   ========    ========

Ratio of earnings to fixed charges .............          --          --         --         --          --
                                                   =========  ==========   ========   ========    ========

Coverage deficiency ............................   $ 215,644  $   70,066   $ 54,885   $ 32,360    $ 13,663
</TABLE>
Exhibit
13.1




CERTIFICATION




Certification
required by Rule 13a-14(b) and Section 1350 of


Chapter
63 of Title 18 of the United States Code





In
connection with the report of Vasogen Inc. (the “Company”) on the Form 20-F for
the fiscal year ended November 30, 2007 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Christopher J.
Waddick, President and Chief Executive 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 to the best of my knowledge:




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





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








/s/Christopher J.
Waddick


Christopher
J. Waddick


President
and Chief Executive Officer (Principal Executive Officer),


Vasogen
Inc.





February
27, 2008
**EXHIBIT 31.2**I, Jack P. Healey, certify that:1. I have reviewed this report on Form 10-K of Industrial Distribution Group, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f), for the registrant and have: a) designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this report is being prepared;  b) designed such internal control over financial reporting, or caused such internal controlover financial reporting to be designed under our supervision, to provide reasonableassurance regarding the reliability of financial reporting and the preparation of financialstatements for external purposes in accordance with generally accepted accounting principles;  c) evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on such evaluation;and  d) disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s fourth fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of registrant’s board of directors (or persons performing the equivalentfunctions): a) all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe 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 havea significant role in the registrant’s internal control over financial reporting.Date:March 11, 2008         /s/ Jack P. Healey Jack P. Healey      Executive Vice President and      Chief Financial Officer
#### Glendon ROSS, Appellant, v. STATE of Missouri, Respondent.

No. WD 49249.

Missouri Court of Appeals, Western District.

Oct. 11, 1994.

Glendon Ross, pro se.

Jeremiah W. (Jay) Nixon, Atty. Gen., Millie Aulbur, Asst. Atty. Gen., Jefferson City, for respondent.

Before ELLIS, P.J., and BERREY and SMART, JJ.

*ORDER*

PER CURIAM:

Appeal from dismissal of petition for relief from conviction entered after guilty plea.

*727Judgment of dismissal is affirmed. Rule 84.16(b).
**EXHIBIT 23.1**

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 

We have issued our reports dated September 8, 2009, withrespect to the consolidated financial statements, schedule and internal control over financial reporting included in the Annual Report of Pervasive Software Inc. on Form 10-K for the year ended June 30, 2009. We hereby consent to theincorporation by reference of said reports in the Registration Statements of Pervasive Software Inc. on Forms S-8 (File No. 333-140833, File No. 333-116957, File No. 333-104770, File No. 333-70604, File No. 333-57500,File No. 333-92707, File No. 333-67659 and File No. 333-37347). 

/s/ Grant Thornton LLP 

Dallas, Texas 

September 8, 2009
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

BRAINTECH, INC., a Nevada corporation, 

 Plaintiff/Counter-Defendant, 

v. 

ADIL SHAFI, an individual, 

 Defendant/Counter-Plaintiff, 

v. 

FREDERICK WEIDINGER, an individual, 

 Counterclaim Defendant. 

_____________________________________/ 

Case No. 09-10454 

Honorable Victoria A. Roberts 

Magistrate Judge Virginia M. Morgan 

LETTERS ROGATORY

 The People of the United States of America, to the Appropriate Judicial Authority 

in Vancouver, British Columbia, Canada. 

GREETINGS: 

WHEREAS, a certain action is pending in the United States District Court for the 

Eastern District of Michigan, in which BRAINTECH is Plaintiff1

 and Adil Shafi, a resident 

 

1

 Braintech Inc., was dismissed from the case by order dated June 3, 2010, but remains a party to the 

case on the counterclaim of Defendant Shafi. 

Case 2:09-cv-10454-VAR-VMM Document 56 Filed 10/26/10 Page 1 of 3
2

of the State of Michigan, is a Defendant, and Frederick Weidinger is an additional party 

counterclaim defendant and a resident of the State of Virginia. 

 WHEREAS, it having been made known to us that the testimony of the following 

witness of the Province of British Columbia, Canada, to-wit: Heather Greenlay, British 

Columbia, Canada, is necessary for use at the trial of the issues in said action and 

without the testimony of whom justice cannot be completely done between the parties; 

WE, THEREFORE REQUEST that in furtherance of justice, you will cause said 

witnesses, to appear before the person authorized to administer oaths at the offices of 

Ellis Business Lawyers, #440-319 West Pender Street, Vancouver, BC, V6B 1T3, or 

some other place as agreed by the parties, at a precise time and place by you to be fixed, 

and there to answer, under oaths or affirmations, the questions, document requests and 

interrogatories to be propounded by counsel for the respective parties and said 

questions and answers to be committed and reduced to writing, and thereafter duly 

signed by said witnesses under oath or affirmation, and thereafter return said deposition 

to us under cover, duly closed and sealed, postage prepaid, together with these 

presents, addressed to David J. Weaver, Clerk of the Court, United States District Court 

for the Eastern District of Michigan, Theodore Levin U.S. Courthouse, 231 W. Lafayette 

Boulevard, Detroit, Michigan, United States of America 48226, with copies to counsel 

for the parties. 

And we shall be ready and willing to do the same for you in a similar case when 

required. 

Case 2:09-cv-10454-VAR-VMM Document 56 Filed 10/26/10 Page 2 of 3
3

WITNESS the Honorable Victoria A. Roberts, United States District Court Judge 

for the Eastern District of Michigan, United States of America, on this 25 day of October, 

2010. 

S/Victoria A. Roberts

Honorable Victoria A. Roberts 

United States District Court Judge 

Case 2:09-cv-10454-VAR-VMM Document 56 Filed 10/26/10 Page 3 of 3
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 this Quarterly Report of Promotions On Wheels Holdings, Inc. (the
"Company") on Form 10-QSB for the period ending September 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Barry Van Wie, Chief Executive Officer and Chief Accounting Officer of the Company, certifies to the best of his knowledge, 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.



3.

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



By:   /s/ Barry Van Wie

Barry Van Wie

Chief Executive Officer

Chief Accounting Officer



Dated: November 6, 2007







#
Exhibit 32.1

                  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                           PURSUANT TO 18 U.S.C. 1350
                 (SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)

In connection with the Quarterly Report of Sawadee Ventures (the "Company") on
Form 10-Q for the quarter ended September 30, 2008 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Rachna Khanna,
Chairman and Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002,
that:

     (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/ Rachna Khanna
------------------------------------
Rachna Khanna
Chairman and Chief Executive Officer
October 23, 2008

This certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed to be incorporated by
reference into any filing under the Securities Act of 1933, as amended, or the
Exchange Act, except to the extent that the Company specifically incorporates it
by reference.

A signed original 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.
<PAGE>
                                                                    EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         This certification is provided pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, and accompanies the annual
report on Form 10-K for the year ended December 31, 2003 (the "Form 10-K") of
Mercantile Bank Corporation (the "Issuer").

         I, Gerald R. Johnson, Jr., Chairman and Chief Executive Officer of the
         Issuer, certify that:

         (i)      the Form 10-K fully complies with the requirements of Section
                  13(a) or Section 15(d) of the Securities Exchange Act of 1934
                  (15 U.S.C. 78m(a) or 78o(d)); and

         (ii)     the information contained in the Form 10-K fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Issuer.

Dated: February 26, 2004

                                         /s/ Gerald R. Johnson, Jr.
                                         ------------------------------------
                                         Gerald R. Johnson, Jr.
                                         Chairman and Chief 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 Victory Acquisition Corp. (the Company) on Form 10-Q for the
quarterly period ended June 30, 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:



|1. | The Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |        |  |                                             
|--------------------- |  | ------ |  | --------------------------------------------
|Date: August 14, 2007 |  |        |  | /s/ Jonathan J. Ledecky                     
|                      |  | Name:  |  | Jonathan J. Ledecky                         
|                      |  | Title: |  | President and Secretary                     
|                      |  |        |  | (Principal Executive Officer)               
|                      |  |       
|Date: August 14, 2007 |  |        |  | /s/ Eric J. Watson                          
|                      |  | Name:  |  | Eric J. Watson                              
|                      |  | Title: |  | Chairman of the Board and Treasurer         
|                      |  |        |  | (Principal Accounting and Financial Officer)