alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

______ __________________ No. 17

- 15490 Non

- Argument Calendar

___________ _____________ D.C. Docket No. 1:17

- cv - 00132

- JRH

- BKE

GERSON AYALA ROMERO , Petitioner

- Appellant,

versus BENJAMIN FORD , ATTORNEY GENERAL, STATE OF GEORGIA, Respondent s - Appellee s .

________________________ Appeal from the United States District Court for the Southern District of Georgia

________________________ ( August 23, 2018 ) Before WILSON, JORDAN , and HULL , Circuit Judges.
PER CURIAM:

Case: 17-15490 Date Filed: 08/23/2018 Page: 1 of 32 Gerson Ayala Romero , a pro se Georgia prisoner serving 20 year s’ imprisonment after pleading guilty to multiple offenses , app eals the district court’s
dismissal of his 28 U.S.C. § 2254 habeas corpus petition as second or su ccessive

. Romero argues (1) that he received ineffective assistance of counsel because his counsel did not prepare a defense and communicate with him. He argu es that his
counsel’s performance caused him to enter a guilty plea and that he w as prejudiced ; (2) that his plea was not knowing, int elligent, and voluntary because his counsel did not provide him with an interpreter to understand the consequenc es of entering a guilty plea , and that his rights under Boykin v. Alabama , 395 U.S. 238, 89 S. Ct. 1709 (1969), were violated because he did not knowingly waive his rights against self

- incrimination a nd to a jury trial ; and (3) that the denial of an interpreter violated his due process rights because he d id not understand the consequences of entering a guilty plea. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) provides that, before a movant may file a second or successive § 2254 habeas petition, the petitioner first must obtain an order from this c ourt authorizing the district court to consider th e petition. 28 U.S.C. § 2244(b)(3)(A). Abse nt our auth orization , “the district court lacks jurisdiction to consider a second or successive [§ 2254] petition.” Farris v. United States , 333 F.3d 1211, 1216 (11th Cir. 2003) (per curiam)

. The Supreme Court has held that the phrase “second or

Case: 17-15490 Date Filed: 08/23/2018 Page: 2 of 33 successive” in § 2244(b) refers to a second or successive petition challenging the
same state

- court judgment. Magwood v. Patterson , 561 U.S. 320, 332

– 33 , 130 S. Ct. 2788, 2797 (2010)

. T he distri ct court did not err in determining that Romero ’s § 2254 petition was second or successive. Romero previously filed a § 2254 petition that was denied with prejudice as untimely in 2016; therefore , he was required to obta in our authorization in order to file a second or successive § 2254 petition. 28 U.S.C. § 2244(b)(3)(A). Because he did not hav e our authorization , the district court properly dismissed the petition for lack of jurisdiction. AFFIRMED. Case: 17-15490 Date Filed: 08/23/2018 Page: 3 of 3
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

April 1, 2009 

0325 

Order 

 

April 1, 2009 

137951 

ROSEANNE J. TRANDELL, 

Plaintiff-Appellee, 

v SC: 137951 

 COA: 286429 

WCAC: 07-000242 

THE VILLAGE CLUB, MICHIGAN CLUBS 

SELF-INSURANCE GROUP, and CAMBRIDGE 

INTEGRATED SERVICES GROUP, 

Defendants-Appellants. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the November 14, 2008 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court. 

 KELLY, C.J., not participating due to her relationship with the defendant, The 

Village Club.
##### 



EXHIBIT 32 CERTIFICATE OF
PRINCIPAL EXECUTIVE OFFICER
AND PRINCIPAL FINANCIAL OFFICER Each of the undersigned hereby certifies in his capacity as an officer of CRT
Properties, Inc. (the Company) that he has reviewed this quarterly report
and, to the best of his knowledge and belief, the quarterly report of the
Company on Form 10-Q for the quarterly period ended September 30, 2004 fully
complies with the requirements of Section 13(a) of the Securities Exchange Act
of 1934, that the quarterly report does not contain any untrue statement of a
material fact or omit to state a material fact necessary in order to make the
report not misleading, and that the information contained in such report fairly
presents, in all material respects, the financial condition of the Company at
the end of such period and the results of operations and cash flows of the
Company for such period. Dated: November 8, 2004
    
    /s/ Thomas J. Crocker

Thomas J. Crocker
Chief Executive Officer
(Principal Executive Officer)
CRT Properties, Inc.Dated: November 8, 2004
    
    /s/ Steven A. Abney

Steven A. Abney
Vice President, Finance and
Chief Accounting Officer
(Principal Financial Officer)
CRT Properties, Inc.
exv10w1



 






EXHIBIT 10.1




UNSECURED SUBORDINATED PROMISSORY NOTE




			
	 
	 	As of July 25, 2005
	$252,301.37
	 	Dallas, Texas






     For value received, the undersigned (the “Maker”), promises to pay to JOHN D. HIGGINS (the
“Payee”) at 105 High Farms Road, Glen Head, NY 11545, the sum of Two Hundred Fifty-Two Thousand
Three Hundred One Dollars and 37 Cents ($252,301.37), with interest at the rate of 10.5% per annum.
The sum shall be payable as follows:




All interest shall be paid on the last day of each month, with the first payment due August
31, 2005. All principal and any unpaid interest shall be due and payable one year from the
date of this Note, if not sooner paid.



     1. Default. This note and all other obligations and liabilities of the Maker to the
Payee shall become immediately due and payable without notice or demand upon the occurrence of any
of the following events with respect to Maker: filing of a voluntary or involuntary petition under
any provision of the state or federal insolvency law (whether for bankruptcy, reorganization,
arrangement, composition, extension, wage earner’s plan, or otherwise); application for or the
appointment of a receiver; assignment for the benefit of creditors; entry of judgment or issuance
of a warrant of attachment; appointment of a committee of creditors or a liquidating agent, or
calling of a meeting of creditors; an offer of composition or extension to creditors; or default
under the 8% Convertible Debenture dated August 26, 2002.



     2. Release and Modification. The Payee may renew or extend this note, release any
party hereto, or waive or modify any provision hereof, without affecting the obligation of the
Maker.



     3. Captions. The use of captions in this note is for convenience only. Captions are
not intended to be used for, nor shall any caption be used in, the interpretation or construction
of this note.



     4. Right of Prepayment. Maker shall have the right to
prepay this note without penalty at any time.



 









 





     5. Collection. In the event this note is not paid when due at any stated or
accelerated maturity, the Maker agrees to pay, in addition to the principal and interest, all costs
of collection, including reasonable attorneys’ fees.



     6. Subordination. This Note shall be subordinated to the bank debt with LaSalle
Bank, or any successor or assignee thereto, and shall be unsecured. Payee shall execute any
subordination agreement, if required, by LaSalle Bank, or any assignee or successor thereto.



     7. Governing Law. This Unsecured Subordinated Promissory Note shall be governed by
and construed and enforced in accordance with the substantive laws of the State of New York,
without regard to the conflicts of laws provisions thereof, and the applicable laws of the United
States.



     IN TESTIMONY WHEREOF, the Maker has caused this instrument to be executed in its name, the day
and year first above written.



	 	 	 	 	 
	 	DIGITAL RECORDERS, INC.

 	 
	 	By /s/ David N. Pilotte
 	 
	 	David N. Pilotte 	 
	 	Chief Financial Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
quarterly financial statements in form 10-Q and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-START>                             JUL-01-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                         383,268
<SECURITIES>                                         0
<RECEIVABLES>                                  241,224
<ALLOWANCES>                                   186,000
<INVENTORY>                                    375,102
<CURRENT-ASSETS>                               897,728
<PP&E>                                         978,675
<DEPRECIATION>                                 621,840
<TOTAL-ASSETS>                               2,472,316
<CURRENT-LIABILITIES>                        1,554,423
<BONDS>                                         31,903
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        73,345
<OTHER-SE>                                     811,443
<TOTAL-LIABILITY-AND-EQUITY>                 2,472,316
<SALES>                                      2,932,412
<TOTAL-REVENUES>                             2,932,412
<CGS>                                        1,783,889
<TOTAL-COSTS>                                3,281,570
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              11,904
<INCOME-PRETAX>                              (350,395)
<INCOME-TAX>                                     4,073
<INCOME-CONTINUING>                          (354,468)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (354,468)
<EPS-PRIMARY>                                     (05)
<EPS-DILUTED>                                        0
        

</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Aeronautics and Space Administration

          - [Notice: 14-125]

# AGENCY:

National Aeronautics and Space Administration.

# ACTION:

Notice of postponement of meeting.

# SUMMARY:

                        In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, NASA announces a postponement of the                               ( print page 70575)                            previously announced meeting of the Human Exploration and Operations Committee of the NASA Advisory Council (NAC). The meeting had been scheduled to be held on December 2 and 3, 2014. The meeting is being postponed by NASA due to exceptional circumstances and schedule conflicts of the NASA top leadership. The latter's attendance is required during this period for the NASA Senior Management Council meeting and final countdown preparations for launch of the Orion Exploration Flight Test-1 (EFT-1) on December 4, 2014, at NASA Kennedy Space Center in Florida.                    

# FOR FURTHER INFORMATION CONTACT:

                        Dr. Bette Siegel, Human Exploration and Operations Mission Directorate, NASA Headquarters, Washington, DC 20546, (202) 358-2245, or                         *bette.siegel@nasa.gov.*

# SUPPLEMENTARY INFORMATION:

                    The meeting was originally announced as NASA Notice 14-113 in the                     **Federal Register**                     on November 13, 2014, at 79 FR 67468. The meeting had been scheduled to be held on Tuesday, December 2, 2014, 10 a.m.-6 p.m.; and Wednesday, December 3, 2014, 8 a.m. to 4:30 p.m.; Local Time, at NASA Headquarters, 300 E Street SW., Washington, DC 20546.                

Patricia D. Rausch,

Advisory Committee Management Officer, National Aeronautics and Space Administration.

[FR Doc. 2014-28061 Filed 11-25-14; 8:45 am]

BILLING CODE 7510-13-P
**Exhibit 31.1**

 

# **Officer’s Certification**

 

I, Chris A. Choate, Executive Vice President,Chief Financial Officer and Treasurer of AmeriCredit Financial Services, Inc.(“AmeriCredit”), certify that:

 

1.               I have reviewed this annual report on Form10-K, and all reports on Form 8-K containing distribution or servicing reportsfiled in respect of periods included in the year covered by this annual report,of AmeriCredit Automobile Receivables Trust 2004-1;

 

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

3.               Based on my knowledge, the servicinginformation required to be provided to the trustee by the servicer under thesale and servicing agreement for inclusion in these reports is included inthese reports; 

4.               I am responsible for reviewing the activitiesperformed by the servicer under the sale and servicing agreement and based uponmy knowledge and the review required under the sale and servicing agreement,and except as disclosed in the report, the servicer has fulfilled itsobligations under the sale and servicing agreement; and

5.               The reports disclose all significantdeficiencies relating to the servicer’s compliance with the minimum servicingstandards based upon the report provided by an independent public accountant,after conducting a review in compliance with the Uniform Single AttestationProgram for Mortgage Bankers or similar procedure, as set forth in the sale andservicing agreement, that is included in these reports.

 

 
| Date:  | January 26, 2005                      |                |
|--------|---------------------------------------|---------------------|
|   |                                  | /s/ Chris A. Choate |   |   |
|   | Chris A. Choate                       |                |
|   | Executive Vice President,             |                |
|   | Chief Financial Officer and Treasurer |                |
|        |                                       |                     |  |  |  |  |

 

----
EXHIBIT 13

Case: 1:20-cv-04806 Document #: 328-13 Filed: 07/13/21 Page 1 of 2 PageID #:7485
Case: 1:20-cv-04806 Document #: 328-13 Filed: 07/13/21 Page 2 of 2 PageID #:7486
Exhibit 32

Mechanical Technology, IncorporatedCertification Pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)

In connection with the Annual Report on
Form 10-K of Mechanical Technology, Incorporated (the Company) for the twelve
month periods ended December 31, 2008 and 2007 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Peng K. Lim, Chief
Executive Officer of the Company, certify, pursuant to the requirements of
Section 906 of the Sarbanes-Oxley Act of 2002, (18 U.S.C. Sections 1350(a) and
(b)), 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 (the
      Exchange Act); and
| | --- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------
| |    
| | (2) |  | The information in the
      Report fairly presents, in all material respects, the financial condition
      and results of operations of the Company.



|March 27, 2009 | /s/ Peng K. Lim                                                    
|-------------- | -------------------------------------------------------------------
|               | Peng K. Lim                                                        
|               | Chief Executive Officer                                            
|               | (Principal Executive Officer and
      Principal Financial Officer)

---
**Exhibit 32.2**

 

 

**CERTIFICATION**

 

 

Pursuant to 18 U.S.C. §1350, the undersigned officer of ING Life Insurance and Annuity Company (the “Company”) hereby certifies that, to the officer’s knowledge, the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2006 (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.

 

 

 

| May 11, 2006   | By:    | /s/           Brian D. Comer |   |
|----------------|--------|-------------------------------------------------------------------------------------|--------|
| (Date)

  |   | Brian D. Comer

President

                                                    |   |
10320.

#### CARMICHAEL *v.*FIRST FARMERS BANK *et al.*

1. Service of the bill of exceptions being waived in accordance with the Civil Code (1910), § 6160 (3), the motion to dismiss the writ of error is denied.

2. It was too late to object to the intervention and to move to strike the intervenor as a party at a term of the court subsequent to the term at which, under an order of the court, the intervenor was made a party defendant and its pleadings were filed.

3. It was not error to direct a verdict for the defendant, where, under the pleadings and the evidence, no other legal verdict could have been rendered.

Decided October 10, 1919.

Trover; from Butts superior court—Judge Searcy. January 11, 1919.

*W. E'. Watkins,*for plaintiff.

*Little, Powell, Smith & Goldstein, H. M. Fletcher,*for defendants.

Bloodworth, J.

1. The provisions of the Civil Code (1910), § .6160, par. 3, as to waiver of service of a copy of the bill of exceptions, were complied with, and the motion to dismiss the bill of exceptions is denied.

3. J. B. Carmichael brought an action of bail-trover against the First Farmers Bank to the August term, 1916, of the superior court. The Chippewa Bank filed an intervention, and prayed that it be made a party defendant. On August 31, 1916, the following order was passed: “It is ordered by the court that the Chippewa *251Bank be made a party defendant to above-stated suit, and that this its answer be filed as a part of the pleadings and record in said case.” At the February term, 1917, the plaintiff filed objection to the intervention, and moved to strike the intervenor as a party. This motion came too late and was properly overruled. *Pettis*v. *Campbell,*47 *Ga.*596; *Life Association of America*v. *Ferrill,*60 *Ga.*414 (2); *Ansley*v. *Jordan,*61 *Ga.*484 (7), 488 (7).

3. Under the pleadings and the evidence no other verdict than one in favor of the defendant could have beendegally returned, and the court did not err in so directing.

*Judgment affirmed.*

*Broyles, C. J., and Lulce, J., concur.*
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Registration Statements Nos. 333-133898, 333-121705,
333-119808, and 333-112932 on Form S-8, and Amendment No. 1 to Registration Statement No. 333-150244 on
Form S-3, of our report relating to the consolidated financial statements and financial statement schedule of Maui Land & Pineapple Company, Inc. and subsidiaries
(which report expresses an unqualified opinion and includes an explanatory paragraph relating to a going concern uncertainty) dated March 14, 2011, appearing in the Annual Report on
Form 10-K of Maui Land & Pineapple Company, Inc. and subsidiaries for the year ended December 31, 2010.

/s/
DELOITTE & TOUCHE LLP

Honolulu,
Hawaii
March 14, 2011

---



QuickLinks
HMM Reference NIST Technical Note 2205: Item 21 Window Screen

Item 21 Window Screen – Window screens reduce radiation to pane glass and prevent ember intrusion before and after glass failure.

Screen 

prevents 

embers from

penetrating to 

window and 

frame

Screen falls when

vinyl frame fails

Screen reduces

radiation exposure

to window glass

Unscreened side

with broken window

exposing interior

Note: Selected photographs are included to illustrate each HMM hardening item. Additional vulnerabilities or hardening items may be seen in the photographs, but those are highlighted within their specific HMM item.
There is no CAD drawing for 

Item 21: Window Screen 

Please see photographs for illustrations.
**Exhibit 32.2**

 

**CERTIFICATION**

 

 

Pursuant to 18 U.S.C. §1350, the undersigned officer of ING Life Insurance and Annuity Company (the “Company”) hereby certifies that, to the officer’s knowledge, the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2009 (the “Report”) fully complies with the requirements of Section 13 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.

 

 

| May 12, 2009 |   | By: /s/ | Catherine H. Smith                            |
|--------------|--------|---------|-----------------------------------------------|
| (Date)       |   |    | Catherine H. Smith

President

 

  |

 

 

 

 

 

 

 

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