alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N OTE : This order is nonprecedential

. 

# United States **Court of Appeals**  **for the Federal Circuit**

______________________
ERIC MALONE, Plaintiff

- Appellant

v.

UNITED STATES, Defendant

- Appellee

______________________

2022

- 2274

______________________ Appeal from the United States Court of Federal Claims in No. 1:22

- cv

- 00049

- ZNS, Judge Zachary N. Somers.

______________________

ON MOTION

______________________

Before D YK
, R EYNA , and C HEN
, Circuit Judges

. P ER C URIAM

. O R D E R

In response to the court’s December 8, 2022, order to show cause , the United States urges dismissal of this appeal as untimely. Eric Malone opposes dismissal and moves for leave to proceed in forma pauperis

. O n February 14, 2022, the United States Court of Federal Claims dismissed Mr. Malone’s case . On September Case: 22-2274 Document: 24 Page: 1 Filed: 02/28/2023MALONE v. US 2

26, 2022, the Court of Federal Claims received Mr. Malone’s notice of appeal from that dismissal

. To be timely, a notice of appeal must be received by the Court of Federal Claims within 60 days of the entry of judgment. See 28 U.S.C. § 2522; 28 U.S.C. § 2107(b). The statutory deadline for taking an appeal from the Court o f Federal Claims is mandatory and jurisdictional. See Marandola v. United States , 518 F.3d 913, 914 (Fed. Cir. 2008). Because Mr. Malone’s appeal was received more than 60 days after the judgment, we must dismiss for lack of jurisdiction. *

Accordingly,

I T I S O RDERED T HAT : (1) The appeal is dismissed.

(2) All pending motions are denied as moot.

February 28 , 202 3 Date F OR THE C OURT

/s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court

* Even if judgment had to be entered by separatedocument under Rule 58 of the Rules of the Court of Federal Claims ( “ RCFC”), and even if no such separate document was entered, Mr. Malone did not file his notice of appeal within 210 days from entry of the order dismissing the complaint (150 days from RCFC 58(c)(2)(B) and 60 days from 28 U.S.C. §§ 2522, 2107(b)). Case: 22-2274 Document: 24 Page: 2 Filed: 02/28/2023
Document

Exhibit 4.3

DESCRIPTION OF THE REGISTRANT’S SECURITIES 
REGISTERED PURSUANT TO SECTION 12 OF THE 
SECURITIES EXCHANGE ACT OF 1934 




As of February 20, 2020, Zovio Inc has one class of securities registered under Section 12 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), our Common Stock.
Description of Common Stock
The following description of our Common Stock is a summary and does not purport to be complete. It is subject to and qualified in its entirety by reference to our Amended and Restated Certificate of Incorporation (the “Certificate of Incorporation”) and our Third Amended and Restated Bylaws (the “Bylaws”), each of which are incorporated by reference as an exhibit to the Annual Report on Form 10-K of which this Exhibit 4.3 is a part. We encourage you to read our Certificate of Incorporation, our Bylaws and the applicable provisions of the Delaware General Corporation Law, for additional information.
Authorized Capital Shares
Our authorized capital stock will consist of 300,000,000 shares of common stock, $0.01 par value per share (“Common Stock”), and 20,000,000 shares of undesignated preferred stock, $0.01 par value per share. The outstanding shares of our Common Stock are fully paid and nonassessable.
Voting Rights
The holders of Common Stock are entitled to one vote per share on any matter to be voted upon by stockholders. All shares of Common Stock rank equally as to voting and all other matters. The shares of Common Stock have no preemptive or conversion rights, no redemption or sinking fund provisions, are not liable for further call or assessment and are not entitled to cumulative voting rights.
Dividend Rights
The holders of Common Stock are entitled to receive ratably any dividends when and as declared from time to time by the board of directors out of funds legally available for dividends. We have never declared or paid cash dividends. We currently intend to retain all future earnings for the operation and expansion of our business and do not anticipate paying cash dividends on the Common Stock in the foreseeable future.
Liquidation Rights
Upon a liquidation or dissolution of our company, whether voluntary or involuntary, creditors with preferential liquidation rights will be paid before any distribution to holders of our Common Stock. After such distribution, holders of Common Stock are entitled to receive a pro rata distribution per share of any excess amount.
Undesignated Preferred Stock
The board of directors has the authority to issue undesignated preferred stock without stockholder approval, subject to applicable law and listing exchange standards. The board of directors may also determine or alter for each class of preferred stock the voting powers, designations, preferences and special rights, qualifications, limitations or restrictions as permitted by law. The board of directors may 





Exhibit 4.3

authorize the issuance of preferred stock with voting or conversion rights that could adversely affect the voting power or other rights of the holders of the Common Stock.
Listing
Our Common Stock is traded on The Nasdaq Stock Market LLC under the trading symbol “ZVO.”
---

EXHIBIT 32.1

In connection with the accompanying Quarterly Report of
Opencell Biomed Inc. (the Company) on Form 10-QSB for the period ending
February 28, 2009 as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Mislav Pavelic, in my capacities set forth below
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 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.

|April 13, 2010 | /s/ Mislav
      Pavelic        
|-------------- | --------------------------------
|               | Mislav Pavelic, President       
|               | (as Principal Executive Officer)

---
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



I, Mark A. Little, certify that this annual report on Form 10-K of Remington Arms Company,
Inc. fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in this annual report fairly presents, in all material respects, the financial condition and results of
operations of the registrant.



|                     |  |  |  |                                                                                                  
|-------------------- |  |  |  | -------------------------------------------------------------------------------------------------
|                     |  | 
|Date: March 30, 2004 |  |  |  | /s/    MARK A. LITTLE                                                                            
|                     |  |  |  |                                                                                                  
|                     |  |  |  | Mark A. Little Executive Vice President, Chief Financial Officer and Chief Administrative
Officer



98
trtc_ex103.htm

EXHIBIT 10.3
 
STOCK FORFEITURE
 
February 14, 2020
 
The undersigned holder of options of Terra Tech Corp., a Nevada corporation (the “Company”) is the holder of 275,000 non-qualified stock options to purchase shares of common stock of the Company, which such stock options may be vested or unvested as of the date hereof (“Company Options”). The undersigned desires to forfeit and have the Company cancel the Company Options (the “Forfeited Options”) effective as of the date set forth above (the “Effective Date”).
 
NOW, THEREFORE, the undersigned represents, warrants and agrees as follows:
 
	1.	On the Effective Date, the Forfeited Options shall be cancelled and retired by the Company and shall be of no further force or effect, and the undersigned agrees that no payment by the Company to the undersigned shall be made with respect thereto.
	 
	 

	2.	The undersigned hereby acknowledges that the Company will cancel the Forfeited Options on the books and records of the Company.
	 
	 

	3.	The undersigned represents and warrants to the Company that the undersigned holds good and valid title to the Forfeited Options, free and clear of all liens, encumbrances, pledges, interests, and adverse claims whatsoever.


 
[Signature page follows]
 

	 
	1

	
 
	 

 

IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal as of the date first set forth above.
 
 
	 
	By:
	/s/ Derek Peterson 
	 

	 
	 
	Derek Peterson
	 


  

	Accepted and Acknowledged:
	 

	 
	 

	TERRA TECH CORP.
	 

	 
	 
	 

	By: 
	/s/Michael Nahass 
	 

	Name: 
	Michael Nahass
	 

	Title: 
	President/COO 
	 

	 
	 
	 


  [Signature Page to Stock Forfeiture Agreement]
 

	 
	2
<PAGE>
                                  EXHIBIT 23.01


                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

    As independent public accountants, we hereby consent to the incorporation of
our report dated January 16, 2002 included in this Form 10-K, into the Company's
previously filed Registration Statements on Form S-8 (File nos. 333-82252,
333-72518, 333-57672, 333-40456, 333-31484, 333-78087, 333-51945, 333-40645 and
333-38363) and (No. 333-36170) on Form S-3 of Concord Communications, Inc.

                                                         /s/ Arthur Andersen LLP
                                                         ARTHUR ANDERSEN LLP


Boston, Massachusetts
March 6, 2002
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6132

EDWARD LEE MOSES,
Plaintiff - Appellant,

v.

M. BLOCHER; MICHAEL HARDEE; HUGH MARTIN, JR.; HATTIE B. PIMPONG,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever, III, District Judge. (5:07-ct-03070-D)

Submitted: May 21, 2009 Decided: May 29, 2009

Before MOTZ, TRAXLER, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Edward Lee Moses, Appellant Pro Se. Oliver Gray Wheeler, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Edward Lee Moses appeals the district court’s order
and judgment granting the Appellees’ motion to dismiss and
denying relief on his 42 U.S.C. § 1983 (2006) complaint. We

have reviewed the record and find no reversible error.
Accordingly, we affirm for the reasons stated by the district

court. See Moses v. Blocher , No. 5:07-ct-03070-D (E.D.N.C. Jan.
16, 2009). We 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.

AFFIRMED
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6687
CHRISTOPHER T. NEWBILL, Plaintiff - Appellant, versus DOCTOR MUSSELMAN, Defendant - Appellee.
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (CA-96-384-R) Submitted: October 17, 1996 Decided: October 24, 1996 Before MURNAGHAN and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Christopher T. Newbill, Appellant Pro Se. 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 denying relief on his 42 U.S.C. § 1983 (1994) complaint. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Newbill v. Musse lman , No. CA-96-384-R (W.D. Va. Apr. 22, 1996). We deny Appellant's motion for oral argument because thefacts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Notices]
[Page 47951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18915]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


National Institute for Occupational Safety and Health; Decision 
To Evaluate a Petition To Designate a Class of Employees for the 
Connecticut Aircraft Nuclear Engine Laboratory, Middletown, CT, To Be 
Included in the Special Exposure Cohort

AGENCY: National Institute for Occupational Safety and Health (NIOSH), 
Department of Health and Human Services (HHS).

ACTION: Notice.

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

SUMMARY: The Department of Health and Human Services (HHS) gives notice 
as required by 42 CFR 83.12(e) of a decision to evaluate a petition to 
designate a class of employees for the Connecticut Aircraft Nuclear 
Engine Laboratory, Middletown, Connecticut, to be included in the 
Special Exposure Cohort under the Energy Employees Occupational Illness 
Compensation Program Act of 2000. The initial proposed definition for 
the class being evaluated, subject to revision as warranted by the 
evaluation, is as follows:
    Facility: Connecticut Aircraft Nuclear Engine Laboratory.
    Location: Middletown, Connecticut.
    Job Titles and/or Job Duties: All employees.
    Period of Employment: January 1958 through December 1960.

FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of 
Compensation Analysis and Support, National Institute for Occupational 
Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, 
OH 45226, Telephone 513-533-6800 (this is not a toll-free number). 
Information requests can also be submitted by e-mail to <a href="/cdn-cgi/l/email-protection#86c9c5c7d5c6c5c2c5a8c1c9d0"><span class="__cf_email__" data-cfemail="541b171507141710177a131b02">[email protected]</span></a>.

    Dated: August 11, 2008.
Christine M. Branche,
Acting Director, National Institute for Occupational Safety and Health.
[FR Doc. E8-18915 Filed 8-14-08; 8:45 am]
BILLING CODE 4163-19-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
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| (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: October 6, 2009 | By:    | /s/ Nana Baffour                                                                                                         |
|-----------------------|--------|--------------------------------------------------------------------------------------------------------------------------|
|                  |   | Nana BaffourCEO & Co-Executive Chairman (Principal Executive Officer and Principal Financial and Accounting Officer) |
|                  |   |                                                                                                                     |
Exhibit 23.1

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

      We  consent  to  the   incorporation  by  reference  in  the  Registration
Statements  on Form S-8 (Nos.  33-81044,  333-19753,  333-59902,  333-74197  and
333-86728)  (pertaining to the 1991 Qualified Stock Option Plan, the Amended and
Restated 1993 Stock Option and Restricted  Stock Purchase Plan, the 1995 Amended
and Restated  Non-Employee Director Stock Option Plan and the 1998 Non-Executive
Employee  Stock Option and  Restricted  Stock  Purchase Plan) and Form S-3 (Nos.
333-95361,  333-33986,  333-37630,  333-45818,  333-49628, 333-59346, 333-63514,
333-99559,  333-99673,  333-106420,  333-110729,  and  333-112611) of our report
dated  April 21, 2005 with  respect to Arotech  management's  assessment  of the
effectiveness   of  internal   control  over   financial   reporting,   and  the
effectiveness of internal control over financial reporting of arotech,  included
in this 10-K/A.

                                            /s/ Kost, Forer, Gabbay & Kassierer
                                            ------------------------------------
                                                Kost, Forer, Gabbay & Kassierer
                                                A Member of Ernst & Young Global



Tel-Aviv, Israel
May 2, 2005
Exhibit 32.1

CERTIFICATION PURSUANT TO SECTION 906 OF THE

SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)

In connection with the Quarterly Report of SemGroup Energy Partners, L.P., a Delaware limited partnership (the
Partnership), on Form 10-Q for the quarter ended June 30, 2007 as filed with the Securities and Exchange Commission (the Report), each of the undersigned, Kevin L. Foxx, President and Chief Executive Officer of SemGroup
Energy Partners G.P., L.L.C., and Michael J. Brochetti, Chief Financial Officer of SemGroup Energy Partners G.P., L.L.C., certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), 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 result of operations of the
Partnership.



|                                                                                                                                 
|---------------------------------------------------------------------------------------------------------------------------------
|/s/ Kevin L. Foxx                                                                                                                
|Kevin L. Foxx                                                                                                                    
|President and Chief Executive Officer of SemGroup Energy
Partners G.P., L.L.C., general partner of SemGroup Energy Partners, L.P.

August 16, 2007



|                                                                                                                   
|-------------------------------------------------------------------------------------------------------------------
|/s/ Michael J. Brochetti                                                                                           
|Michael J. Brochetti                                                                                               
|Chief Financial Officer of SemGroup Energy Partners
G.P., L.L.C., general partner of SemGroup Energy Partners, L.P.

August 16, 2007
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