alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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 Bioheart, Inc. (the "Company") on Form 10-K/A for the fiscal year ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Mike Tomas, Chief Executive Officer, Principal Financial Officer and Principal Accounting 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 together with the information presented in the Companys annual report on 10-K, filed with the Securities and Exchange Commission on March 31, 2010, 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 together with the information presented in the Companys annual report on 10-K, filed with the Securities and Exchange Commission on March 31, 2010, fairly presents, in all material respects, the financial condition and results of operations of the Company.




By:
        /s/ Mike Tomas


Mike Tomas


Chief Executive Officer, Principal Financial Officer


and Principal Accounting Officer


August 11, 2010




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



---
EXHIBIT 32.1

                  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                              OF SWISS MEDICA, INC.
                           PURSUANT TO 18 USC ss. 1350

Pursuant to section 906 of the  Sarbanes-Oxley  Act of 2002  (subsection (a) and
(b) of Section 1350, Chapter 63 of Title 18, United States Code) the undersigned
officer of Swiss  Medica,  Inc. (the  "Company")  does hereby  certify,  to such
officer's knowledge, that:

            (a)   The quarterly report on Form 10-QSB for the quarter ended June
                  30, 2005 of the Company fully complies with the requirements
                  of section 13(a) or 15(b) of the Securities Exchange Act of
                  1934; and

            (b)   Information contained in the Form 10-QSB fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Company.


Dated:  August 13, 2005


/s/ Raghunath Kilambi,
-------------------------
Raghunath Kilambi,
Chief Executive Officer
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.                  

###### Federal Communications Commission

          - [DA 14-1854]

# AGENCY:

Federal Communications Commission.

# ACTION:

Notice; correction

# SUMMARY:

                        The Enforcement Bureau published a document in the                         **Federal Register**                         of January 7, 2015, debarring Mr. Marvin Mitch Freeman from the schools and libraries universal service support mechanism (or “E-Rate Program”) for three years. The document contained incorrect contact information.                    

# FOR FURTHER INFORMATION CONTACT:

Joy M. Ragsdale, 202-418-1697.

## Correction

                        In the                         **Federal Register**                         of January 7, 2015, in FR Doc. 2015-00034, on pages 888-889, in the third column, correct the                         **FOR FURTHER INFORMATION CONTACT**                         caption to read:                    

# FOR FURTHER INFORMATION CONTACT:

                        Joy M. Ragsdale, Attorney Advisor, Federal Communications Commission, Enforcement Bureau, Investigations and Hearings Division, Room 4-C330, 445 12th Street SW., Washington, DC 20554. Joy Ragsdale may be contacted by telephone at (202) 418-1697 or by email at                         *Joy.Ragsdale@fcc.gov.*                         If Ms. Ragsdale is unavailable, you may contact Mr. Jeffrey J. Gee, Acting Chief, Investigations and Hearings Division, by telephone at (202) 418-1420 and by email at                         *Jeffrey.Gee@fcc.gov.*

Federal Communications Commission.

Jeffrey J. Gee,

Acting Chief, Investigations and Hearings Division, Enforcement Bureau.

[FR Doc. 2015-00352 Filed 1-12-15; 8:45 am]

BILLING CODE 6712-01-P
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 97-2921

___________ Larry L. Christiansen, * * Appellant, * * v. * * Harold W. Clarke, Director Nebraska * Appeal from the United States Department of Correctional Services; * District Court for the Karen Shortridge, Assistant Director * District of Nebraska. Adult Institutions, Nebraska * Department of Correctional Services; * [UNPUBLISHED] John Dahm, Warden, Omaha * Correctional Center; Linda Leonard, * J-1 Unit Manager, Omaha * Correctional Center; Kris Buscher, * Case Worker, Unit J-1, Omaha * Correctional Center, * * Appellees. *

___________ Submitted: July 30, 1998 Filed: August 5, 1998

___________ Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges.

___________ PER CURIAM.The H onorable Thomas M. Shanahan, United States District Judge for th e 1 District of Nebraska. -2- Larry L. Christiansen appeals the district court & s order grantingdefendant prison 1 officials summary judgment in his 42 U.S.C. § 1983 action. As relevant to this appeal, Christiansen claimed

defendants transferred him from the Omaha Correctional Center (OCC) to the Hastings Correctional Center (HCC), both minimum security facilities, in retaliation for his refusal to participate in mental health programming for se x off enders, despite his right under a prison regulation to refuse such treatment

. Defe ndants offered evidence in support of summary judgment establishing that Chris tiansen was transferred pursuant to a policy designed to make needed spac e available at OCC for inmates who wished to participate in certain programming, and to utilize open space at HCC, where no such programming w as available. Christiansen didnot rebut defendants & evidence establishing that his transfer was motivated b y rationa l, legitimate penological reasons. See Sisneros v. Nix , 95 F.3d 749, 752 (8t h Cir. 1996). Accordingly, we affirm the judgment of the district court. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 23 - 40074 Summary Calendar

**____________ United States of America,**  Plaintiff
— Appellee **,** versus **Mario Alberto Netro -**  **Perales,** Defendant
— Appellant **.**

**______________________________** Appeal from the United States District Court for the Southern District of Texas USDC No. 1:22 - CR - 867 - 1

**_________ _____________________**  Before **King, Haynes,** and **Graves,** Circuit Judges **. Per Curiam**  **:** ***** Mario Alberto Netro - Perales appeals his sentence for his guilty plea conviction for being an alien who was unlawfully present in the United States after deportation. After denying Netro - Perales’s motion for a downward departure, the district court imposed a within - guidelines term of 21 months of imprisonment and three years of supervised release.

**_____________________** * This opinion is not designated for publication. See **5th Cir .**  **R .**  47.5. United States Court of Appeals Fifth Circuit 

### FILED October 2, 2023

Lyle W. Cayce Clerk Case: 23-40074 Document: 00516916519 Page: 1 Date Filed: 10/02/2023No. 23 - 40074

2 In his first argument, Netro - Perales contends that the district court erred by deferring to the Guidelines commentary when denying his motion for a downward depar ture. We may review a downward - departure denial only if “the district court held a mistaken belief that the Guidelines do not give it the authority to depart.” United States v. Sam , 467 F.3d 857, 861 (5th Cir. 2006). To the extent that Netro - Perales rel ies on Kisor v. Wilkie , 139 S. Ct. 2400 (2019), in support of his assertion that the Guidelines commentary is not due any deference, that assertion is repudiated by our recent decision in United States v. Vargas , 74 F.4th 673, 680 - 83 (5th Cir. 2023) (en ba nc). Although the record does not indicate that the district court relied on the Guidelines commentary to deny the downward departure motion, Netro Perales has not shown any error in that regard even if the district court did rely on that commentary. Netr o - Perales also contends that the district court erred by counting his prior illegal reentry convictions for purposes of a sentencing enhancement and to determine his criminal history category. Our review is for plain error. See Puckett v. United States , 556 U.S. 129, 135 (2009). As noted by the Government, Netro - Perales’s argument is identical to the one rejected by this court in United States v. Cordova - Lopez , 34 F.4th 442, 444 - 46 (5th Cir. 2 022). Netro - Perales has failed to show any plain error. The district court’s judgment is **AFFIRMED** . Case: 23-40074 Document: 00516916519 Page: 2 Date Filed: 10/02/2023
CAUSE NO. 2013-36797

MEDICAL MULTIMEDIA § IN THE DISTRICT COURT OF ADVERTISING, INC., § § Plaintiff, § §
vs. § HARRIS COUNTY, TEXAS § DYNACQ HEALTHCARE, INC., and § DOCTORS PRACTICE § MANAGEMENT, INC., § § Defendants, § 234th JUDICIAL DISTRICT

NOTICE OF APPEAL Defendant Doctors Practice Management, Inc. (“DPM”), files this Notice of Appeal with the Clerk of the Court to perfect its appeal in the above entitled and numbered cause, respectfully showing as follows: 1. DPM is appealing from the Court’s Final Judgment, which the Court signed on December 8, 2014, as well as all related orders and rulings subsumed in the Court’s Final Judgment. 2. DPM filed a motion for new trial on January 7, 2015, and the Court denied the motion. DPM is filing this Notice of Appeal within 90 days of the Court’s Final Judgment. 3. DPM is appealing this case to the First or Fourteenth District Court of Appeals in
Houston, Texas. 3/2/2015 2:51:21 PM Chris Daniel - District Clerk Harris County

Envelope No. 4334768 By: Phyllis Washington Filed: 3/2/2015 2:51:21 PM

ACCEPTED 01-15-00209-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 3/6/2015 10:47:49 AM CHRISTOPHER PRINE

CLERKRespectf ully submitt ed, /S/ By ron C. Kee ling By :__________________________________ By ron C. Kee ling State Ba

r No. 11157980 K E E L I N G & D O W N E S , P.C. 1500 McGowe n, Suite 220 Houston, Texas 77004 Telephone : (832) 214-9900 Fa csimile: (832) 214-9908

Michae l J . Stanley State Ba

r No. 19046600 Shawn Staples State Ba

r No. 00788457 S T A N L E Y , F R A N K & R O S E , L .L .P. 7026 Old Katy

Road, Suite 259 Houston, Texas 77024 Telephone : (713) 980-4381 Fa csimile: (713) 980-1179

CERTIFIC ATE OF SERVICE

I cer tify that on the 2nd day of Marc h, 2015, a copy of the fore g oing instrument was serve d
on counsel of r ecor d by

elec tronic ser

vice, by fac simil e, by

hand deliver

y and/or by cer

tified mail, return r ece ipt requested, in a ccor dance with the Texas Rules of Civil Procedur e, as f ollows: Mr. Ronald C. Campana L aw Of fice of Ronald C. Campana 6363 Woodway , Suite 725 Houston, Texas 77057

Mr. Eric W. Carter Mr. Eric G . Carter The Car ter L aw F irm 1811 Southmore Blvd. Houston, Texas 77004 /s/ By ron C. Kee ling

____________________________________ By ron C. Kee ling

-2-
##### 



Exhibit 31.1 CERTIFICATION PURSUANT TO RULE 13a-14(a) OR 15d  14(a)
AS ENACTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Martin P. Hughes, Chairman of the Board and Chief Executive Officer, of Hub
International Limited, certify that:  1.
    
    I have reviewed this quarterly report on Form 10-Q of Hub International
Limited;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 in order 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)) 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
fourth fiscal quarter 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 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 function):  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. By:
    /s/  Martin P. HughesMartin P. HughesChief Executive Officer DATE: May 7, 2004
<PAGE>

                                  EXHIBIT 32(a)
                      18 U.S.C. SECTION 1350 CERTIFICATION


I hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and
belief, that the accompanying Form 10-QSB of Spectrum Laboratories, Inc., (the
"Company") for the quarterly period ended September 24, 2005 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); and that the information contained in this Form
10-QSB fairly presents, in all material respects, the financial condition and
results of operations of the Company.

Dated: November 14, 2005



/s/ Roy T. Eddleman
---------------------------
Roy T. Eddleman
Chief Executive Officer
Spectrum Laboratories, Inc.
Order entered July 26, 2019

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-00057-CV

LOU D. VASQUEZ AND NILDA A. VASQUEZ, Appellants

V.

FIREBIRD SFE I, LLC, Appellee

On Appeal from the County Court at Law No. 5

Dallas County, Texas

Trial Court Cause No. CC-18-05077-E

ORDER

The reporter’s record in this case has not been filed. By letter dated June 20, 2019, we 

informed appellants the court reporter notified us that the reporter’s record had not been filed 

because appellants had not (1) requested the record; or (2) paid for or made arrangements to pay 

for the record. We directed appellants to provide the Court with written verification showing the 

reporter’s record had been requested and that appellants had paid for or made arrangements to 

pay for the record or had been found entitled to proceed without payment of costs. We cautioned 

appellants that failure to provide the required documentation within ten days might result in the 

appeal being ordered submitted without the reporter’s record. To date, appellant has not 

provided the required documentation nor otherwise corresponded with the Court regarding the 
status of the reporter’s record. Accordingly, we ORDER this appeal submitted without a 

reporter’s record. 

Appellants’ brief is due THIRTY DAYS from the date of this order.

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE
UNITEDSTATES

SECURITIES AND EXCHANGECOMMISSION

Washington,D.C. 20549

 

**Form10-Q**

** **

(Mark One)

[X]   QUARTERLYREPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE 

 ACT OF 1934

 

For thequarterly period ended****September 30, 2010

 

or

 

[ ]   TRANSITIONREPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE

ACT OF 1934

 

For thetransition period from __________ to __________

 

Commission file number0-10673

 

**REALESTATE ASSOCIATES LIMITED III**

(Exactname of registrant as specified in its charter)

 

 

55Beattie Place, PO Box 1089

Greenville, South Carolina 29602

(Addressof principal executive offices)

 

(864)239-1000

(Registrant’s telephonenumber)

 

Indicate by check markwhether the registrant (1) has filed all reports required to be filed by Section13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12months (or for such shorter period that the registrant was required to file suchreports), and (2) has been subject to such filing requirements for the past 90days.  [X] Yes  [ ] No

 

Indicate by check markwhether the registrant has submitted electronically and posted on its corporateWeb site, if any, every Interactive Data File required to be submitted andposted pursuant to Rule 405 of Regulation S-T (232.405 of this chapter) duringthe preceding 12 months (or for such shorter period that the registrant wasrequired to submit and post such files). [ ] Yes  [ ] No

 

Indicate by check markwhether the registrant is a large accelerated filer, an accelerated filer, anon-accelerated filer, or a smaller reporting company.  See the definitionsof “large accelerated filer”, “accelerated filer” and “smaller reportingcompany” in Rule 12b-2 of the Exchange Act.

 

 

Indicate by check markwhether the registrant is a shell company (as defined in Rule 12b-2 of theExchange Act). [ ] Yes  [X] No
* Pursuant to Local Rule 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 Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-20931 USDC No. H-95-CV-819

CALVIN BURNETT COLEMAN, Plaintiff-Appellant,

versus M. BLACKBURN, Defendant-Appellee,

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas

- - - - - - - - - - April 11, 1997 Before KING, JOLLY and DENNIS, Circuit Judges.
PER CURIAM: * Calvin Burnett Coleman, a Texas inmate (# 614644), appeals from the district court judgment granting defendant Blackburn’s motion for summary judgment in his civil rights action alleging interference with his mail privileges and retaliation. Coleman has filed a motion for leave to proceed in forma pauperis (“IFP”) on appeal. The motion for leave to appeal IFP is GRANTED. Coleman must pay an initial partial filing fee of $3.55, based on average monthly deposits of $17.76 in his inmate trustNo. 96-20931 - 2 - fund account. See 28 U.S.C. § 1915(b)(1). After Coleman pays the initial fee, he shall make monthly payments of twenty percent of the preceding month’s income credited to his prison trust fund
account. See § 1915(b)(2). The agency having custody of Coleman shall forward payments from his account to the clerk of the district court each time the amount in his account exceeds $10 until the filing fee of $105 is paid. Id
. After conducting a de novo review and applying the same standard as a district court, Brewer v. Wilkinson , 3 F.3d 816, 819-20 (5th Cir. 1993), we AFFIRM the judgment of the district court. Coleman failed to establish that a genuine issue of material fact existed as to his allegations that Blackburn destroyed or withheld his outgoing or incoming legal mail, or acted with retaliatory motive. See Celotex Corp. v. Catrett , 477 U.S. 317, 322 (1986); Fed. R. Civ. P. 56(c), (e). Coleman had no right to have legal mail opened in his presence. Brewer , 3 F.3d at 825. Coleman does not present a nonfrivolous issue for appeal.
See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). Accordingly, his appeal is DISMISSED as frivolous. See 5th Cir. R. 42.2. IFP GRANTED; APPEAL DISMISSED.