alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22
- 6320

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. MICHAEL GENE TERRELONGE , Defendant

- Appellant

.

Appeal from the United States District Court for the Western District of North Carolina , at Charlotte

. Robert J. Conrad, Jr. , District Judge. ( 3:09

- cr - 00229

- RJC

- DCK

- 1; 3:21

- cv 00137

- RJC )

Submitted : August 18, 2022 Decided: August 23, 2022

Before WYNN, THACKER, and HEYTENS , Circuit Judges.

Dismissed by un published per curiam opinion

. Michael Gene Terrelonge, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6320 Doc: 5 Filed: 08/23/2022 Pg: 1 of 22 PER CURIAM: Michael Gene Terrelonge, a federal inmate, seeks to appeal the district court’s order construing Terrelonge’s self

- styled “petition” as an unauthorized, successive 28 U.S.C. § 2255 motion and dismissing it for lack of jurisdiction. We dismiss the appeal f or lack of jurisdiction because the notice of appeal was not timely filed. When the United States or its officer or agency is a party in a civil case , the notice of appeal must be filed no more than 60 days after the entry of the district court’s final j udgment or order, Fed. R. App. P. 4(a)(1)(B), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5) or reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jur isdictional requirement.” Bowles v. Russell , 551 U.S. 205, 214 (2007). The district court entered its order on April 13, 2021

. Terrelonge filed t he notice of appeal on March 10, 2022

. * Because Terrelonge failed to file a timely notice of appeal or
to o btain an extension or reopening of the appeal period, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional proc ess. DISMISSED

* For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date Terrelonge could have delivered the notice to prison officials for mailing to the court. Fed. R. App. P. 4(c) (1) ; Houston v. Lack , 487 U.S. 266 , 276 (1988). USCA4 Appeal: 22-6320 Doc: 5 Filed: 08/23/2022 Pg: 2 of 2
<PAGE>
                                                                    EXHIBIT 32.1

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

    I, Donna L. Dubinsky, certify that the Annual Report on Form 10-K/A for the
fiscal year ended June 28, 2003 fully complies with the requirements in Sections
13(a) or 15(d) of the Securities Exchange Act of 1934, and that the information
contained in such Annual Report fairly presents, in all material respects, the
financial condition and results of operations of Handspring, Inc. for the
periods being presented.

                                             /s/ DONNA L. DUBINSKY
                                      ------------------------------------------
                                                   Donna L. Dubinsky
                                                Chief Executive Officer

Date: September 24, 2003
#### The People of the State of New York, Respondent, v Stephen Shand, Appellant.

[972 NYS2d 103]

Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered June 21, 2012, convicting him of murder in the first degree and predatory sexual assault, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that his plea of guilty was not knowingly, voluntarily, and intelligently made is unpreserved for appellate review, since he did not move to withdraw his plea of guilty prior to the imposition of sentence *(see*CPL 220.60 [3], 470.05 [2]; *People v Murray,*15 NY3d 725, 726 [2010]; *People v Clarke,*93 NY2d 904, 906 [1999]; *People v Lopez,*71 NY2d 662, 665 [1988]; *People v Oseni,*107 AD3d 829 [2013]; *People v Newson,*106 AD3d 839, 840 [2013]; *People v Cohen,*100 AB3d 919 [2012]). Moreover, the rare exception to the preservation requirement is inapplicable here *(see People v Lopez,*71 NY2d at 665). In any event, the record reveals that the defendant was properly advised of the direct consequences of the plea, and that he understood its consequences *(see People v Catu, 4*NY3d 242, 244-245 [2005]; *People v Ford,*86 NY2d 397, 402-403 [1995]).

The defendant’s valid waiver of his right to appeal precludes review of his contention that he was denied the effective assistance of counsel, except to the extent that the alleged ineffective assistance affected the voluntariness of his plea *(see People v Bradshaw,*18 NY3d 257, 264-267 [2011]; *People v Lopez,*6 NY3d 248, 256-257 [2006]; *People v Yarborough,*83 AD3d 875 [2011]; *People v Cardona,*51 AD3d 941 [2008]; *People v Gedin,*46 AD3d 701 [2007]). To the extent the defendant contends that the voluntariness of his plea was affected by ineffective assistance of counsel, the record reveals that the defendant received the effective assistance of counsel *(see Hill v Lockhart,*474 US 52 [1985]; *Strickland v Washington,*466 US 668, 694 [1984]; *People v Ford,*86 NY2d at 404).

The defendant’s valid waiver of his right to appeal also precludes appellate review of his claim that the sentence imposed was excessive *(see People v Lopez,*6 NY3d at 256; *People v Seaberg,*74 NY2d 1, 9 [1989]). Dillon, J.P., Leventhal, Chambers and Miller, JJ., concur.
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTant**

I consent to the incorporation by reference in the Registration Statement on Form 10-K/A of CYIOS Corporation of my report dated February 23, 2010 with respect to the consolidated financial statements of CYIOS Corporation included in its Annual Report on Form 10-K/A for the fiscal year ended December 31, 2010, filed with the Securities and Exchange Commission on April 15, 2011.

|                                          |
|------------------------------------------|
|                                          |
| */s/*                                    |
| Jewett, Schwartz, Wolfe & Associates |
| Florida

October 5, 2011                 |
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

     In connection with the Annual Report of No Borders, Inc. (the "Company") on
Form 10-KSB for the year ended December 31, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Robert M
Rosenfeld, Chief Executive Officer and Principal Financial Officer, hereby
certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the SARBANES-OXLEY Act of 2002, 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 results of operation
         of the Company.

By:   /s/  Robert M Rosnefelde                                 April 15, 2005
     -------------------------------
Robert M Rosenfeld
Chief Executive Officer and Principal
Financial Officer
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
     This schedule contains summary financial information extracted from the
company's interim consolidated financial statements and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   OTHER
<FISCAL-YEAR-END>                              APR-3-1999
<PERIOD-END>                                   JAN-2-1999
<CASH>                                             66,431
<SECURITIES>                                            0
<RECEIVABLES>                                      37,258
<ALLOWANCES>                                            0
<INVENTORY>                                       152,667
<CURRENT-ASSETS>                                  262,080
<PP&E>                                            813,501
<DEPRECIATION>                                    486,037
<TOTAL-ASSETS>                                  1,131,490
<CURRENT-LIABILITIES>                             191,856
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                              300
<OTHER-SE>                                        338,687
<TOTAL-LIABILITY-AND-EQUITY>                    1,131,490
<SALES>                                           870,137
<TOTAL-REVENUES>                                  870,137
<CGS>                                             613,357
<TOTAL-COSTS>                                     613,357
<OTHER-EXPENSES>                                  285,053
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                                 16,788
<INCOME-PRETAX>                                   (45,061)
<INCOME-TAX>                                        1,052
<INCOME-CONTINUING>                               (46,113)
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                      (46,113)
<EPS-PRIMARY>                                       (1.54)
<EPS-DILUTED>                                       (1.54)
        


</TABLE>
I 

118TH CONGRESS 

1ST SESSION H. R. 2152 

To provide for a limitation on availability of funds for U.S. Department 

of Interior, Bureau of Land Management, Management of Lands and 

Resources for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To provide for a limitation on availability of funds for U.S. 

Department of Interior, Bureau of Land Management, 

Management of Lands and Resources for fiscal year 

2024. 

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


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2152 IH

1 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 U.S. DEPARTMENT OF INTERIOR, BUREAU OF 

3 LAND MANAGEMENT, MANAGEMENT OF 

4 LANDS AND RESOURCES FOR FISCAL YEAR 

5 2024. 

6 Notwithstanding any other provision of the law, 

7 amounts authorized to be appropriated or otherwise avail8 able for U.S. Department of Interior, Bureau of Land 

9 Management, Management of Lands and Resources for 

10 fiscal year 2024 may not exceed $1,198,000,000. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

SCOTT A. FRYE, AIS # 00278148, )

)

Petitioner, )

)

vs. ) CIVIL ACTION NO. 14-00192-CG-N

)

JEFFERSON S. DUNN, 

Commissioner, Alabama 

Department of Corrections,

)

)

)

)

Respondent. )

JUDGMENT

In accordance with the Order entered this date, it is ORDERED,

ADJUDGED, and DECREED that JUDGMENT is entered in favor of the 

Respondent and against the Petitioner, that this action under 28 U.S.C. § 2254 is 

DISMISSED with prejudice, and that the Petitioner is not entitled to a 

certificate of appealability or to appeal in forma pauperis.

DONE and ORDERED this 19th day of May, 2015.

/s/ Callie V. S. Granade 

UNITED STATES DISTRICT JUDGE

Case 1:14-cv-00192-CG-N Document 12 Filed 05/19/15 Page 1 of 1
<PAGE>

                                                                    EXHIBIT 12.1

                             HCC INDUSTRIES INC.
              COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                               (IN THOUSANDS)
                                 (UNAUDITED)

<TABLE>
<CAPTION>

                                                                     FOR THE SIX MONTHS ENDED
                                                               -------------------------------------
                                                                SEPTEMBER 30,          OCTOBER 2,
                                                                    2000                  1999
                                                               --------------       ----------------
<S>                                                            <C>                  <C>
Earnings:

     Earnings (loss) before taxes and extraordinary item         $     2,349           $     (840)

     Add:  Fixed Charges*                                              5,528                5,657
                                                               --------------       ----------------
                                                                 $     7,877           $    4,817
                                                               ==============       ================


* Fixed Charges:

     Interest expense                                            $     5,528           $   5,657
                                                               --------------       ----------------
                                                                 $     5,528           $   5,657
                                                               ==============       ================
Ratio of Earnings to Fixed Charges                                      1.43                ----(1)
                                                               ==============       ================
</TABLE>

(1)  There was a deficiency of earnings to fixed charges for the six months
     ended October 2, 1999 of $840.

*The ratios of earnings to fixed charges were computed by dividing earnings by
fixed charges. For this purpose, "earnings" consist of earnings before taxes and
extraordinary item plus fixed charges and "fixed charges" consist of interest
expense and amortization of debt issuance costs.
I 

118TH CONGRESS 

1ST SESSION H. R. 2137 

To provide for a limitation on availability of funds for Independent Agencies, 

Office of Special Counsel, Salaries and Expenses for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Oversight and Accountability 

A BILL 

To provide for a limitation on availability of funds for Independent Agencies, Office of Special Counsel, Salaries and 

Expenses for fiscal year 2024. 

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

3 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 INDEPENDENT AGENCIES, OFFICE OF SPE5 CIAL COUNSEL, SALARIES AND EXPENSES 

6 FOR FISCAL YEAR 2024. 

7 Notwithstanding any other provision of the law, 

8 amounts authorized to be appropriated or otherwise avail9 able for Independent Agencies, Office of Special Counsel, 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 2137 IH

1 Salaries and Expenses for fiscal year 2024 may not exceed 

2 $26,535,000. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

MARY A. LASKEY, )

)

Plaintiff, )

)

vs. ) CIVIL ACTION NO. 14-0097-CG-B

)

CAROLYN W. COLVIN, Acting 

Commissioner of Social Security,

)

)

)

Defendant. )

JUDGMENT

In accordance with the Order entered this date, Petitioner’s motion for 

attorney’s fees pursuant to 42 U.S.C. § 406(b) (Doc. 23) is GRANTED. It is 

ORDERED that Attorney Byron A. Lassiter receive, as an attorney’s fee pursuant 

to 406(b) for services rendered at the federal court level, the sum of $5,282.00. This 

total is equal to twenty-five (25%) percent of the total past-due benefits awarded to 

Plaintiff, minus the administrative amount previously paid. Petitioner is directed 

to disburse to Plaintiff the sum of $3,429.18, which was previously awarded 

pursuant to he Equal Access to Justice Act (“EAJA”).

DONE and ORDERED this 5th day of January, 2016.

/s/ Callie V. S. Granade 

UNITED STATES DISTRICT JUDGE

Case 1:14-cv-00097-CG-B Document 28 Filed 02/05/16 Page 1 of 1
**Exhibit 31.2**

 

Rule 13a-14(a) Certification of the Principal Financial Officer

 

I, Edward L. Loehr, Jr., principal financial officer, certify that:

 

1.             I have reviewed this annual report on Form 10-K/A of HCSB Financial Corporation; and

 

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.

 
| Date:  | November 7, 2011 |   | By:    | /s/ Edward L. Loehr, Jr. |
|--------|-----------------------|--------|--------|-------------------------------|
|   |                  |   |   | Edward L. Loehr, Jr.     |
|   |                  |   |   | Principal Financial 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

In connection with the annual report on Form 10-K of Huntsman Corporation and Huntsman International LLC (the
"Companies") for the year ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, J. Kimo Esplin, Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my
knowledge:



/s/ J. KIMO ESPLIN J. Kimo Esplin Chief Financial OfficerFebruary 26, 2009


---



QuickLinks
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

ZAKKAWUNDA MOSS, #524910 )

)

Plaintiff, )

)

vs. ) CIVIL ACTION NO. 15-0310-CG-B

)

SERGEANT ASHELY KIDD, et al., )

)

Defendants. )

ORDER

After due and proper consideration of the issues raised, and there having been 

no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. 

§ 636(b)(1)(B) dated January 7, 2016, is ADOPTED as the opinion of this Court. 

Plaintiff’s Motion for Leave to File an Amended Complaint (Doc. 16), filed after the 

Report and Recommendation was issued, is DENIED, as the Court finds that the 

additional facts proposed in the motion do not change the opinion expressed in the 

Report and Recommendation, which the Court adopts.

DONE and ORDERED this 5th day of February, 2016.

/s/ Callie V. S. Granade 

UNITED STATES DISTRICT JUDGE

Case 1:15-cv-00310-CG-B Document 17 Filed 02/05/16 Page 1 of 1
##### 



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 In connection with the Annual Report of AdStar, Inc. (the Company) on Form 10-KSB for the
fiscal year ending December 31, 2004 as filed with the Securities and Exchange Commission (SEC)
on the date hereof (the Report), I, Anthony J. Fidaleo, Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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. A signed original of this written statement has been provided to the Company and will be
retained by the Company and furnished to the SEC or its staff upon request. /s/ Anthony J. FidaleoAnthony J. FidaleoChief Financial Officer March 31, 2005
#### Johnny Watson, Appellant, v Salvatore Priore et al., Defendants, and Steven A. Abdoo et al., Respondents.

(Appeal No. 3.)

[967 NYS2d 864]

Motion for reargument or leave to appeal to the Court of Appeals denied. Present — Scudder, P.J., Peradotto, Carni, Lindley and Whalen, JJ.
10726.

#### Underwood *v.*Board of Public Education &c.

Decided September 17, 1920.

Stephens, J.

1. The Board of Public Education for the City of Savannah and County of Chatham is a public institution established by an act of the legislature, with powers to establish, under certain limitations, a public-school system, and to appoint, suspend, and remove teachers, and to make by-laws, rules, and regulations for their own government and for the government of the teachers and schools under their superintendence. Ga. L. 1865-6, p. 79. All persons dealing with the board are bound by its rules and regulations, lawfully made and adopted, whether or not they are actually cognizant of such rules and regulations.

2. Where one contracts with the board for employment as a teacher in a particular school under the jurisdiction of the board, for the ensuing scholastic year, the contract is made subject to an existing rule of the board providing that the committee on teachers shall have the right to transfer any teacher employed in the schools from one school to another within the board’s jurisdiction.

3. Where a contract provides that one is employed as a teacher in the “second grade of the Waters Avenue School for the ensuing scholastic year,” an order passed under the authority of the board, transferring such teacher before the termination of the contract to the Abereorn Street School, another school under the jurisdiction of the board, is not a violation of the contract on the part of the board.

4. The right of the board to make such transfer cannot be affected by any contract which the board may have had with a third party, prohibiting the employment of teachers of a certain class in the Abercorn Street School; and no person falling within the class of teachers whose employment is thus prohibited can set up any right under such contract between the board and a third party; especially is this true in a suit by'one alleging a violation of a contract to teach, by reason of a transfer from the school named in the contract to another school, when it does not appear that such contract with a third party, prohibiting such transfer, was in existence at the time of the alleged transfer of the plaintiff from the school in which the plaintiff was employed to the Abereorn Street School.

5. A petition, in a suit against the board by one alleging a breach of a contract of employment as teacher, showing the above facts, was properly dismissed on general demurrer.

*Judgment affirmed.*

*Jenkins, P. J., and Smith, J., concur.*

*635Action on contract; from city court of Savannah — Judge Freeman. June *7,*1919.

*George H. Richter,*for plaintiff.

*Adams & Adams,*for defendant.