alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02713-BNB

JOSHUA LAMONT SUTTON,

Plaintiff,

v.

SGT. RACINE,

DEPUTY JESSE VARGAS, and

DEPUTY JASON JAPHET

Defendants.

ORDER DRAWING CASE

On completion of the Court’s review pursuant to D.C.COLO.LCivR 8.2C, it

appears that this case is not appropriate for summary dismissal. Therefore, the case

will be drawn to a district judge and to a magistrate judge. See D.C.COLO.LCivR 8.2D. 

Accordingly, it is

ORDERED that this case shall be drawn to a district judge and to a magistrate

judge.

DATED November 6, 2011, at Denver, Colorado.

BY THE COURT:

 s/ Boyd N. Boland 

United States Magistrate Judge

Case 1:11-cv-02713-WJM Document 4 Filed 11/07/11 USDC Colorado Page 1 of 1
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-6139

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

SHARON KAY MOORE, 

 Defendant - Appellant. 

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Jerome B. Friedman, District 

Judge. (2:04-cr-00004-JBF-TEM-1; 2:07-cv-00590-JBF) 

Submitted: August 20, 2009 Decided: August 31, 2009 

Before WILKINSON, GREGORY, and SHEDD, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Sharon Kay Moore, Appellant Pro Se. Michael Calvin Moore, 

Assistant United States Attorney, Richmond, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Sharon Kay Moore seeks to appeal the district court’s 

order denying relief on her 28 U.S.C.A. § 2255 (West Supp. 2009) 

motion. The order is not appealable unless a circuit justice or 

judge issues a certificate of appealability. 28 U.S.C. 

§ 2253(c)(1) (2006). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that any assessment of the 

constitutional claims by the district court is debatable or 

wrong and that any dispositive procedural ruling by the district 

court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 

322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); 

Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have 

independently reviewed the record and conclude that Moore has 

not made the requisite showing. Accordingly, we deny a 

certificate of appealability and dismiss the appeal. 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. 

DISMISSED
**IN THE SUPREME COURT OF TEXAS**

((((((((((((((((

No. 09-0051

((((((((((((((((

In Re  Milton M. Smith, Relator

((((((((((((((((((((((((((((((((((((((((((((((((((((

On Petition for Writ of Mandamus

((((((((((((((((((((((((((((((((((((((((((((((((((((

**ORDER**

1.Pursuant to the notice of bankruptcy of *Milton M. Smith.*, filed with this Court on February 2, 2009, this case is **ABATED** effective as of January 30, 2009.  

2.This case is abated pursuant to Tex. R. App. P. 8.2 until further order of this Court and is removed from the Court's active docket, subject to reinstatement upon proper motion.  Tex. R. App. P. 8.3.  All motions and other documents pending or filed are abated subject to being reurged in the event the case is reinstated.  Tex. R. App. P. 8.2 and 8.3.  It is the parties' responsibility to immediately notify this Court once the automatic bankruptcy stay is lifted.

Done at the City of Austin, this 6th day of February, 2009.

Blake A. Hawthorne, Clerk

Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk
Case 1:11-cr-00429-RBJ Document 31 Filed 04/02/12 USDC Colorado Page 1 of 8
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Case 1:11-cr-00429-RBJ Document 31 Filed 04/02/12 USDC Colorado Page 8 of 8
Exhibit No. 32.1
Form 10-QSB
Energroup Technologies Corporation
File No. 0-32873


          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 Energroup  Technologies  Corporation
(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,  Timothy  P.  Halter,  Chief  Executive  and 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 results of operations
          of the Company.


Date: October 31, 2007                     By:       /s/ Timothy P. Halter
      ----------------                         ---------------------------------
                                                               Timothy P. Halter
                                                         Chief Executive Officer
                                                     and Chief Financial Officer



A signed  original of this  written  statement  required by Section 906 has been
provided to Energroup Technologies Corporation and will be retained by Energroup
Technologies Corporation and furnished to the Securities and Exchange Commission
or its staff upon request.
N o. 14

- 5860

UN I T E D S T A T E S C O UR T O F APPEA LS

FOR T H E S I X T H C I RCUI T

AVE LINO CRU Z M AR T INE Z

,

P etiti o n e r

- A p p e ll a n t

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, E T A L.

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BE FOR E : C O L E

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, B A T C HE L D E R

, M O O RE

, C L A Y

, GI BB O NS

, R OG ERS

, SU TT O N

, C OO K M c K E A G UE

, G R I F F I N

, KE T H L ED G E

, WHI TE

, S T R A N CH

, a n d DO N A L D

, Ci rcu i t J u d g e s

.

A m a j o r i t y o f t he Ju d g e s o f t h i s C o u r t i n r e g ul ar acti v e ser v i ce h a ve v oted f or t h e

r e h e a r i n g o f t h i s ca s e en b a nc. Si x t h C i r cu i t R u l e 35 ( b ) p r o v i d e s as f o ll o w s:

“ T h e e ff ect o f t he gran t i ng o f a h e a r i ng e n ba n c sh al l be t o v ac a t e t he p r e v i o u s

o pi n i on a n d j u d gment o f t h i s co u r t

, t o s t ay t he m a n d a t e a n d t o r est o r e t h e case

on t he d o c k e t sh e e t a s a p e n di ng a p p e a l

. ”

A ccord i n g l y

, i t i s O RDERE D

, t h a t t he p r e v i o u s d e c i s i on a n d j u d gment o f t h i s co u r t i s

v ac a t e d

, t he m a n d a t e i s s t a y ed a n d t h i s case i s r esto r ed t o t he d o c k e t a s a pen di ng a p p e a l

.

EN T E RE D B Y O RDE R O F T H E C O UR T

D e b orah S

. H u n t

, C l e rk
II 

110TH CONGRESS 

1ST SESSION S. 1546 

To amend the Internal Revenue Code of 1986 to treat gold, silver, platinum, 

and palladium, in either coin or bar form, in the same manner as 

equities and mutual funds for purposes of the maximum capital gains 

rate for individuals. 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2007 

Mr. CRAPO (for himself, Mr. REID, Mr. ENSIGN, Mr. STEVENS, and Mr. 

CRAIG) introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to treat gold, 

silver, platinum, and palladium, in either coin or bar 

form, in the same manner as equities and mutual funds 

for purposes of the maximum capital gains rate for individuals. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Treatment for 

5 Precious Metals Investors Act’’. 


hsrobinson on PROD1PC76 with BILLS
2 

•S 1546 IS

1 SEC. 2. GOLD, SILVER, PLATINUM, AND PALLADIUM TREAT2 ED IN THE SAME MANNER AS STOCKS AND 

3 BONDS FOR MAXIMUM CAPITAL GAINS RATE 

4 FOR INDIVIDUALS. 

5 (a) IN GENERAL.—Section 1(h)(5) of the Internal 

6 Revenue Code of 1986 (relating to definition of collectibles 

7 gain and loss) is amended— 

8 (1) by striking ‘‘(as defined in section 408(m) 

9 without regard to paragraph (3) thereof)’’ in sub10 paragraph (A), and 

11 (2) by adding at the end the following new sub12 paragraph: 

13 ‘‘(C) COLLECTIBLE.—For purposes of this 

14 paragraph, the term ‘collectible’ has the mean15 ing given such term by section 408(m), except 

16 that in applying paragraph (3)(B) thereof the 

17 determination of whether any bullion is ex18 cluded from treatment as a collectible shall be 

19 made without regard to the person who is in 

20 physical possession of the bullion.’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall apply to taxable years beginning after 

23 December 31, 2006. 

Æ 


hsrobinson on PROD1PC76 with BILLS
Exhibit 12.1**Certification**I, Donald W. Smith, certify that:1. I have reviewed this report on Form 20F of Mitel Networks Corporation for the period endedApril 30, 2007; 2. Based on my knowledge, this annual report does not contain any untrue statement of a materialfact or 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(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  (b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  (c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the period covered by the annual report thathas materially affected, or is reasonably likely to materially affect, the registrant’sinternal control over 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 weakness in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  (b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.        Date:  October 23, 2007 /s/  Donald W. Smith   Name:  Donald W. Smith   Title:  Chief 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)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of DCT Industrial Trust Inc., a Maryland corporation (the Company), does hereby certify with respect to the Annual Report
of the Company on Form 10-K for the period ended December 31, 2006, as filed with the Securities and Exchange Commission (the Report) 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------





|                     |  |  |  |                                        
|-------------------- |  |  |  | ---------------------------------------
|                     |  | 
|Date: March 14, 2007 |  |  |  | /S/    STUART B. BROWN                 
|                     |  |  |  | Stuart B. Brown Chief Financial
Officer
II 

110TH CONGRESS 

1ST SESSION S. 1703 

To prevent and reduce trafficking in persons. 

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2007 

Mr. DURBIN (for himself and Mr. COBURN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To prevent and reduce trafficking in persons. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Trafficking in Persons 

5 Accountability Act of 2007’’. 

6 SEC. 2. JURISDICTION IN CERTAIN TRAFFICKING OF7 FENSES. 

8 (a) IN GENERAL.—Chapter 77 of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing: 


bajohnson on PROD1PC77 with BILLS
2 

•S 1703 IS

1 ‘‘§ 1596. Jurisdiction in certain trafficking offenses 

2 ‘‘The jurisdiction of the courts of the United States 

3 over any offense under this chapter shall include any case 

4 in which, not later than 10 years after the conduct re5 quired for the offense occurs, the alleged offender is 

6 brought into, or found in, the United States, even if that 

7 conduct occurred outside the United States.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

9 The table of sections at the beginning of chapter 77 of 

10 title 18, United States Code, is amended by adding at the 

11 end the following: 

‘‘1596. Jurisdiction in certain trafficking offenses.’’. 

Æ 


bajohnson on PROD1PC77 with BILLS
Exhibit 99.1


                                 CERTIFICATION

I, Craig Overlander, certify that:

    1.   I have reviewed this annual report on Form 10-K, and all reports on
         Form 8-K containing distribution or servicing reports filed in
         respect of periods included in the year covered by this annual
         report, of Trust Certificates (TRUCs), Series 2002-1 Trust;

    2.   Based on my knowledge, the information in these reports, taken as a
         whole, 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 as of the last day of the period covered by this
         annual report;

    3.   Based on my knowledge, the distribution or servicing information
         required to be provided to the depositor by the trustee under the
         pooling and servicing, or similar, agreement for inclusion in these
         reports is included in these reports; and

    4.   I am responsible for reviewing the activities performed by the
         depositor and the trustee under the trust agreement and based upon my
         knowledge and the annual compliance review required under that
         agreement, and except as disclosed in the reports, the depositor and
         the trustee have each fulfilled its obligations under that agreement.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated parties: U.S. Bank Trust National
Association, as trustee, and its officers and agents.

                                    By:  /s/ Craig M. Overlander
                                    -----------------------------------------
                                    Name: Craig M. Overlander
                                    Title: Chief Executive Officer/President,


                                    Bear Stearns Depositor Inc.
                                    Date:   March 30, 2006
**Exhibit 32.1**

 

Certification of CEO under Section 906of the Sarbanes-Oxley Act of 2002

 

I certify that this periodic report containing theissuer’s financial statements fully complies with the requirements of section 13(a)or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) andthat information contained In this periodic report fairly presents in allmaterial respects, the financial condition and results of operations of theissuer.

 

 
|   | By:    | /s/ Keith C Robbins                |   |
|--------|--------|------------------------------------|--------|
|   |   | Keith C. Robbins                   |
|   |   | President, Chief Executive Officer |
|   |   | March 11, 2005                |

 

----
| Skip to Content*Release Date: December 6, 2007*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**F.106 Federal Government** |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
**Exhibit31.1**

 

**CERTIFICATION**

 

I, Wayne Bos,certify that:

 

1.             Ihave reviewed this quarterly report of Natrol, Inc.;

 

2.             Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this quarterly report;

 

3.             Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this quarterly report;

 

4.             Theregistrant’s other certifying officer(s) and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and we have:

 

(a)           Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

(b)           Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

(c)           Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.             Theregistrant’s other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):

 

(a)           Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

(b)           Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

 
| Date: May 15, 2006 |                               |
|--------------------|------------------------------------|
|               | /s/ Wayne Bos                      |   |
|               | Wayne Bos                          |
|               | President, Chief Executive Officer |
|               | (Principal Executive Officer)      |

 

1

----
#### B. & B. TILE CO. v. SANES.

Supreme Court of Florida.

June Term 1953.

Certiorari dismissed without opinion.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 40987 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
SAUL LARA

- PEREZ , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:12

- CR

- 800

- 1

Before PRADO, ELROD, and HAYNES, Circuit Judges. PER CURIAM: *
The Federal Public Defender appo inted to represent Saul Lara

- Perez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Lara

- Perez h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 16, 2014 Lyle W. Cayce Clerk Case: 13-40987 Document: 00512598417 Page: 1 Date Filed: 04/16/2014No. 13

- 40987

appellate review. Accordingly, counsel’s motion fo r leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2.

2 Case: 13-40987 Document: 00512598417 Page: 2 Date Filed: 04/16/2014