alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15** 
**- 6**  **5 55** 

KEVIN HARBIN, a/k/a Kevin Habin ,

P laintiff

- Appellant ,
and

AUGUSTUS MCBETH; ROBERT HUTTO; JOHN HENRY HART; KYRIE JOHNSON; MICHAEL YOUNG; RAS ’ KHAFRE; JARVIS GIBBS; MARKEY LINEN; DARVIN ALLEN; CARLOS ROLIND; CHRISTOPHER GALE; HENRY J. DUKES; KENNETH WHITE; LESHAUN BYRD; RAFI

- AL JAMI; RASCHAUN COLBERT; WILLIAM SIMS ,
Plaintiffs ,

v.

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; WILLIAM R. BYARS, JR., Director; JOHN H. CARMICHAEL, JR., Deputy Director; GARY A. BOYD, Director of Inmate Service; LLOYD J. ROBERTS, Chief Chaplain of Inmate Service; OMAR SHAHEED, Senior Muslim Chaplain of Islam Affairs; TAMIR ABDUL MUTAKABLUIR, Islam Affairs; REGINALD CRUZ, Chaplain of Inmate Service; GLENN SHERMAN, Chaplain of Inmate Service; DAVID TATARSKY, General Counsel; SANDRA BOWIE, Policy Development; J. MICHAEL BROWN ,
Defendants

- Appellees

.

Appeal from the United States District Court for the District of South Carolina , at Greenville

. J . Michelle Childs , District Judge. ( 6 :1 3

- c v
- 0 1973

- JMC )

Submitted : June 25, 2015 Decided: June 30, 20152 Before GREGORY, FLOYD, and THACKER , Circuit Judges.

Affirm ed by un published per curiam opinion

.

Kevin L . Harbin , Appellant Pro Se. Andrew Lindemann, DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM:

Keven Harbin appeals the district court ’ s order denying

relief on his 42 U.S.C. § 1983 (20 12 ) complaint. The district
court referred this case to a magistrate judge pursuant to 28

U.S.C. § 636(b)(1)(B) ( 2012 ). The magistrate judge recommended

that relief be denied and advised Harbin that failu re to file
timely objections to this recommendation could waive appellate
review of a district court order based upon the recommendation.
The timely filing of specific objections to a magistrate
judge ’ s recommendation is necessary to preserve appellate rev iew
of the substance of that recommendation when the parties have been
warned of the consequences of noncompliance. Wright v. Collins , 766 F.2d 841, 845

- 46 (4th Cir. 1985); see also Thomas v. Arn , 474

U.S. 140 (1985). Harbin has waived appellate review b y failing to
file specific objections after receiving proper notice.
Accordingly, we affirm the judgment of the district court.
We dispense with oral argument because the facts and legal
contentions are adequately prese nted in the materials before this

co urt and argument would not aid the decisional process.

AFFIRMED
[Federal Register Volume 73, Number 199 (Tuesday, October 14, 2008)]
[Notices]
[Page 60721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24341]


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

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION


Advisory Committee on the Electronic Records Archives

AGENCY: National Archives and Records Administration.

ACTION: Notice of meeting.

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

SUMMARY: In accordance with the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), the National Archives and Records 
Administration (NARA) announces a meeting of the Advisory Committee on 
the Electronic Records Archives (ACERA). The committee serves as a 
deliberative body to advise the Archivist of the United States, on 
technical, mission, and service issues related to the Electronic 
Records Archives (ERA). This includes, but is not limited to, advising 
and making recommendations to the Archivist on issues related to the 
development, implementation and use of the ERA system.
    Date of Meeting: November 5-6, 2008.
    Time of Meeting: 9 a.m.-4 p.m.
    Place of Meeting: 700 Pennsylvania Avenue, NW., Washington, DC 
20408-0001.
    This meeting will be open to the public. However, due to space 
limitations and access procedures, the name and telephone number of 
individuals planning to attend must be submitted to the Electronic 
Records Archives Program at <a href="/cdn-cgi/l/email-protection#93f6e1f2bde3e1fcf4e1f2fed3fdf2e1f2bdf4fce5"><span class="__cf_email__" data-cfemail="f1948390df81839e9683909cb19f908390df969e87">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Agenda

    <bullet> Opening Remarks.
    <bullet> Approval of Minutes.
    <bullet> Committee Updates.
    <bullet> Activities Reports.
    <bullet> Adjournment.

FOR FURTHER INFORMATION CONTACT: Adrienne Thomas, Deputy Archivist; 
(301) 837-1600.

    Dated: October 8, 2008.
Patrice Little Murray,
 Alternate Committee Management Officer.
 [FR Doc. E8-24341 Filed 10-10-08; 8:45 am]
BILLING CODE 7515-01-P


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</html>
##### 



Exhibit 16.1 SALBERG & COMPANY, P.A.
     Certified Public Accountants and Consultants March 30, 2004 Office of the Chief Accountants
SECPS Letter File
Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, DC 20549 Re:
    
    SinoFresh Healthcare, Inc.
File Reference No. 000-49764
 We were previously the principal accountants for SinoFresh Healthcare, Inc. and
under the date of October 17, 2003, we reported on the financial statements of
SinoFresh Healthcare, Inc. from October 15, 2002 (inception) to December 31,
2002. On March 4, 2004, we were dismissed as principal accountant. We have
read SinoFresh Healthcare, Inc.s statements included in Item 4 of the Form
8-K/A dated March 4, 2004 of SinoFresh Healthcare, Inc. to be filed with the
Securities and Exchange Commission and we agree with such statements except as
follows:  1.
    
    We are not in a position to agree or disagree with the following
statements:  a.
    
    We appointed Moore Stephens and Lovelace, P.A.
effective March 4, 2004, as our independent auditors of our
financial statements.  b.
    
    The decision to changes auditors was approved by our
Board of Directors on March 4, 2004 at which time it was believed
that two of the formerly five Board members had been previously
removed by shareholder written consent. Subsequent to such date,
it was determined that there was a technical deficiency in the
written consents and as a result, two of the five Board members
had not been removed and therefore were still on the Board.
However, on March 29, 2004, at a meeting of the full Board of
Directors, a majority of the Board of Directors ratified and
approved the termination of Salberg and the appointment of Moore
Stephens and Lovelace, P.A., as our independent auditors
effective March 4, 2004.  c.
    
    However, the Company decided to instead replace
Salberg with a larger accounting firm that has more resources and
personnel to complete the Companys audit of its 2003 financial
statements and also perform any expanded audit procedures the new
accounting firm deems appropriate. Very truly yours,
SALBERG & COMPANY, P.A. /s/ Scott D. Salberg, CPA, CVA
For the Firm 20283 State Road 7, Suite 300, Boca Raton, Fl 33498
Phone: (561) 995-8270 Toll Free: (866) CPA-8500 Fax: (561) 995-1920
www.salbergco.com            info@salbergco.com
| Name of Subsidiary                          |   | Jurisdiction of Incorporationor Organization |   | Percentage of Ownership |
|---------------------------------------------|--------|----------------------------------------------|--------|-------------------------|
| Home System Group                           |   | British Virgin Islands                       |   | 100%                    |
| Holy (HK) Limited                           |   | Hong Kong                                    |   | 100%                    |
| Oceanic International (Hong Kong), Ltd.     |   | Hong Kong                                    |   | 100%                    |
| Oceanic Well Profit, Inc.                   |   | China                                        |   | 100%                    |
| Asia Forever Investment Limited (Hong Kong) |   | Hong Kong                                    |   | 100%                    |
| Zhongshan City Weihe Appliances Co., Ltd.   |   | China                                        |   | 100%                    |
| 1. | I have reviewed this report on Form 10-Q for the quarter ended September 30, 2010 of Bluegate 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 consolidated 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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have: |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 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): |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date: November 8, 2010  |   |
|-------------------------|--------|
|                    |   |
|                    |   |
| /s/ Stephen J. Sperco   |   |
| Stephen J. Sperco       |   |
| Chief Executive Officer |   |
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**737 KA 14-00966**  PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND WHALEN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

MICHAEL BUTLER, DEFENDANT-APPELLANT.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Appeal from an order of the Supreme Court, Monroe County (Francis A. Affronti, J.), entered May 5, 2014. The order determined that defendant is a level three risk pursuant to the Sex Offender Registration Act.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act ([SORA] Correction Law § 168 et seq. ). We reject defendant’s contention that Supreme Court erred in denying his request for a downward departure from his presumptive risk level. While defendant correctly contends that “[a]n offender’s response to treatment, if exceptional, can be the basis for a downward departure” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 17 [2006]), we conclude that “defendant failed to prove by a preponderance of the evidence that his response to treatment was exceptional” ( People v Torres , 124 AD3d 744, 746; see People v Stewart , 123 AD3d 784, 785, lv denied 24 NY3d 916). We thus further conclude that “defendant failed to meet his burden of ‘prov[ing] the existence of the alleged mitigating factor[] . . . by a preponderance of the evidence’ ” ( People v Colon , 124 AD3d 1340, 1340, lv denied 25 NY3d 902, quoting People v Gillotti , 23 NY3d 841, 861).

In any event, it is well established that “[a] sex offender’s successful showing by a preponderance of the evidence of facts in support of an appropriate mitigating factor does not automatically result in the relief requested, but merely opens the door to the SORA court’s exercise of its sound discretion upon further examination of all relevant circumstances” ( People v Worrell , 113 AD3d 742, 743 [internal quotation marks omitted]; see People v Smith , 122 AD3d 1325,**-2- 737 KA 14-00966** 
1326). Even assuming, arguendo, that defendant established that his response to treatment was exceptional, we nevertheless conclude that the court providently exercised its discretion in denying defendant’s request for a downward departure ( see Smith , 122 AD3d at 1326).

Entered: June 12, 2015 Frances E. Cafarell Clerk of the Court
##### 



Exhibit 31.2 CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO SECTION 302
OF THE SARBANES-OXLEY ACT OF 2002 I, John M. Carradine, certify that:  1.
    
    I have reviewed this quarterly report on Form 10-Q of Healthaxis Inc.;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 the
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. Date: August 12, 2004 By:
    /s/ John M. CarradineJohn M. CarradineChief Financial Officer
<TABLE> <S> <C>


<ARTICLE>                           5
<LEGEND>

This schedule  contains summary  financial  information  extracted from NATIONAL
HOUSING  PARTNERSHIP REALTY FUND III 2000 Second Quarter 10-QSB and is qualified
in its entirety by reference to such 10-QSB filing.

</LEGEND>

<CIK>                               0000769028
<NAME>                              NATIONAL HOUSING PARTNERSHIP REALTY FUND III
<MULTIPLIER>                                           1,000


<S>                                   <C>
<PERIOD-TYPE>                       6-MOS
<FISCAL-YEAR-END>                   DEC-31-2000
<PERIOD-START>                      APR-01-2000
<PERIOD-END>                        JUN-30-2000
<CASH>                                                   499
<SECURITIES>                                               0
<RECEIVABLES>                                              0
<ALLOWANCES>                                               0
<INVENTORY>                                                0
<CURRENT-ASSETS>                                           0 <F1>
<PP&E>                                                     0
<DEPRECIATION>                                             0
<TOTAL-ASSETS>                                           499
<CURRENT-LIABILITIES>                                      0 <F1>
<BONDS>                                                    0
<PREFERRED-MANDATORY>                                      0
<PREFERRED>                                                0
<COMMON>                                                   0
<OTHER-SE>                                               324
<TOTAL-LIABILITY-AND-EQUITY>                             499
<SALES>                                                    0
<TOTAL-REVENUES>                                          12
<CGS>                                                      0
<TOTAL-COSTS>                                             57
<OTHER-EXPENSES>                                           0
<LOSS-PROVISION>                                           0
<INTEREST-EXPENSE>                                         0
<INCOME-PRETAX>                                            0
<INCOME-TAX>                                               0
<INCOME-CONTINUING>                                        0
<DISCONTINUED>                                             0
<EXTRAORDINARY>                                            0
<CHANGES>                                                  0
<NET-INCOME>                                             (45)
<EPS-BASIC>                                            (3.92)<F2>
<EPS-DILUTED>                                              0
<FN>

<F1> Registrant has an unclassified balance sheet. <F2> Multiplier is 1.

</FN>


</TABLE>
| Skip to Content*Release Date: December 10, 2009*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**F.205 Time and Savings Deposits** |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Exhibit 31.2
 CERTIFICATIONS
  1.
    
    I have reviewed this quarterly report on Form 10-Q of DCB Financial Corp.;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)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f) for the registrant and have:
     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 (or persons performing the equivalent
functions):
   Date:   August 10, 2009
    /s/ John A. UstaszewskiJohn A. UstaszewskiTitle:
    Senior Vice President and
Chief Financial Officer 35
1 

DISTRICT COURT, GRAND COUNTY, COLORADO 

Post Office Box 192, 307 Moffat Avenue 

Hot Sulphur Springs, CO 80451 

970-725-3357 

Plaintiff: DEBRA A. TURNER 

v. 

Defendant: THE BOARD OF COUNTY COMMISSIONERS 

OF THE COUNTY OF GRAND, STATE OF COLORADO; 

GRAND COUNTY SHERIFF’S DEPARTMENT, also known 

as the Grand County Sheriff’s Office; and RODNEY D. 

JOHNSON, in his official capacity as Sheriff of Grand County.

COURT USE ONLY 

 Case Number: 09CV378 

ORDER 

 This matter was remanded to this Court from the United States District Court for the District 

of Colorado over two weeks ago. 

 The Court orders the parties to show progress in this matter by May 21, 2011, or the Court 

will dismiss this case without prejudice. 

 In addition, given the United States District Court for the District of Colorado’s order of 

remand, the Court informs the parties that there are no pending motions before the Court in this 

matter at this time. 

April 21, 2011 

______________________ ___________________________________ 

Date Mary C. Hoak, District Court Judge 

 

EFILED Document 

CO Grand County District Court 14th JD 

Filing Date: Apr 21 2011 2:45PM MDT 

Filing ID: 37179220 

Review Clerk: Linda Manguso

Case 1:11-cv-02635-RPM Document 7 Filed 10/07/11 USDC Colorado Page 1 of 1