alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit
31.2**
   **Pursuant
to Section 302 of the Sarbanes-Oxley Act of 2002**
   I,
Douglas P. Baker, certify that:
  1. I have
reviewed this annual report on Form 10-K for the year ended December 31, 2004 of
Nano-Proprietary, Inc. (“NNPP”);
  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 NNPP as of, and for, the periods
presented in this report.
  4. NNPP’s other
certifying officers and I are responsible for establishing and maintaining
disclosure controls and procedures (as defined in the Exchange Act Rules
13a-15(e) and 15d-15(e)) for NNPP 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 NNPP, 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 NNPP’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; and
  c. Disclosed in
this report any change in NNPP’s internal control over financial reporting that
occurred during NNPP’s most recent fiscal quarter that has materially affected,
or is reasonably likely to materially affect, NNPP’s internal control over
financial reporting; and
  5. NNPP’s other
certifying officers and I have disclosed, based on our most recent evaluation of
internal control over financial reporting, to NNPP’s auditors and the audit
committee of NNPP’s board of directors:
  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 NNPP’s ability to record, process, summarize and report
financial information; and
  b. Any fraud,
whether or not material, that involves management or other employees who have a
significant role in NNPP’s internal control over financial reporting.
   Date:
March 7, 2005
   /s/Douglas
P. Baker
 Douglas
P. Baker
    Chief
Financial Officer
---

Exhibit 31.1

CERTIFICATION

I, _John L. Threshie Jr., certify that:

(1) I have reviewed this Form 10-QSB of The Tirex 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 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 small business issuer as of, and for, the periods presented in this
report;

(4) The small business issuer'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)) (as
defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the small business
issuer 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 small
>   business issuer, 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 small business
>   issuer'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;
>   and
>   (c) Disclosed in this report any change in the small
>   business issuer's internal control over financial reporting that occurred
>   during the small business issuer's most recent fiscal quarter (the small
>   business issuer's fourth fiscal quarter in the case of an annual report) that
>   has materially affected, or is reasonably likely to materially affect, the
>   small business issuer's internal control over financial reporting; and

(5) The small business issuer's other certifying officer(s)
and I have disclosed, based on our most recent evaluation of internal control
over financial reporting, to the small business issuer's auditors and the audit
committee of the small business issuer'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 small business issuer's ability to
>   record, process, summarize and report financial information; and
>   (b) Any fraud, whether or not material, that involves management or other
>   employees who have a significant role in the small business issuer's internal
>   control over financial reporting.

/s/    John L. Threshie


John L. Threshie Jr., CEO

Date: November 10, 2005

---
#### UNITED STATES of America, Plaintiff-Appellee, v. Wesley HODGE, Defendant-Appellant.

No. 06-6708.

United States Court of Appeals, Fourth Circuit.

Submitted: Oct. 31, 2006.

Decided: Nov. 3, 2006.

Wesley Hodge, Appellant Pro Se. Steve R. Matheny, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Wesley Hodge seeks to appeal the district court’s order dismissing his motion for modification of sentence as a successive 28 U.S.C. § 2255 (2000) motion, and denying a Fed.R.Civ.P. 60(b) motion chai-

*203lenging the denial of his first 28 U.S.C. § 2255 motion. The order is not appeal-able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000); *Reid v. Angelone,*369 F.3d 363, 369 (4th Cir.2004). 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) (2000). 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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Hodge 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 DISTRICT COURT OF APPEAL OF THE STATE O F FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME E XPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

URIAH DAVIS

,

Appellant

,

v. Case No. 5D 23

- 1089

LT Case No. 2001

- CF

- 514

STATE OF FLORIDA

,

Appellee

.

________________________________/

Decision filed July 18, 2023

3.800 Appeal from the Circuit Court

for Clay County

, Don H. Lester , Judge.

Uriah Davis, Lake Butler, pro se.

Ashley Moody, Attorney General,

and Holly N. Simcox, Assistant

Attorney General, Tallahassee, for

Appellee.

PER CURIAM.

AFFIRMED.

EISNAUGLE

, BOATWRIGHT and MACIVER , JJ., co ncur.
<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

In connection with the filing with Securities and Exchange Commission of the
Annual Report of Hemagen Diagnostics, Inc. on Form 10-KSB for the period ending
September 30, 2005, (the "Report"), I, William P. Hales, Chief Executive
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 to the best of
my 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 operations
          of the Company.


/s/ William P. Hales
-------------------------------------
William P. Hales
President and Chief Executive Officer
(Principal Executive Officer)

December 23, 2005
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





The
undersigned 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
their knowledge, the Annual Report on Form 10-K/A for the twelve-month period
ended March 29, 2009 of Sport Chalet, Inc. (the "Company") fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934, as amended, and that the information contained in such periodic report
fairly presents, in all material respects, the financial condition and results
of operations of the Company as of, and for, the periods presented in such
report.








Date:  July
      24, 2009


/s/Craig
L. Levra


Chairman
of the Board, Chief Executive Officer and President








/s/   Howard
K. Kaminsky


Executive
Vice President-Finance,


Chief
Financial Officer and Secretary







A signed
original of this written statement required by Section 906 has been provided to
Sport Chalet, Inc. and will be furnished to the Securities and Exchange
Commission or its staff upon request.
<PAGE>   1
                                  EXHIBIT 23.1






                          INDEPENDENT AUDITORS' CONSENT


We consent to the incorporation by reference in Registration Statements No.
33-59118, 33-59228, 33-81336, 333-46789 and 333-65745 of Fresh Choice, Inc. on
Form S-8 of our report dated February 12, 1999 appearing in this Annual Report
on Form 10-K/A of Fresh Choice, Inc. for the year ended December 27, 1998.



/s/ Deloitte & Touche LLP

DELOITTE & TOUCHE LLP

San Jose, California
March 30, 1999
Exhibit 99.1



CERTIFICATION OF PRINCIPAL EXECUTIVE, ACCOUNTING AND FINANCIAL OFFICER PURSUANT
TO 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of The Tirex Corporation (the "Company")
on Form 10-QSB for the period ended September 30, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, John L.
Threshie Jr., President of the Company, hereby certify pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 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.



/s/ JOHN L. THRESHIE JR.
-------------------------
John L. Threshie Jr.
President
January 21, 2003
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
SEPTEMBER 30, 1997 AUDITED FINANCIAL STATEMENTS OF SUNPORT MEDICAL CORPORATION
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS IN
FORM 10-K FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1997.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               SEP-30-1997
<CASH>                                       1,229,000
<SECURITIES>                                         0
<RECEIVABLES>                                1,000,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,233,000
<PP&E>                                         197,000
<DEPRECIATION>                                  73,000
<TOTAL-ASSETS>                               2,417,000
<CURRENT-LIABILITIES>                          846,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     6,408,000
<OTHER-SE>                                  (4,856,000)
<TOTAL-LIABILITY-AND-EQUITY>                 2,417,000
<SALES>                                        883,000
<TOTAL-REVENUES>                               883,000
<CGS>                                        2,975,000
<TOTAL-COSTS>                                3,172,000
<OTHER-EXPENSES>                            (1,419,000)
<LOSS-PROVISION>                               162,000
<INTEREST-EXPENSE>                              33,000
<INCOME-PRETAX>                               (870,000)
<INCOME-TAX>                                    12,000
<INCOME-CONTINUING>                         (2,289,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (882,000)
<EPS-PRIMARY>                                    0.034
<EPS-DILUTED>                                    0.035
        

</TABLE>
[Federal Register Volume 74, Number 205 (Monday, October 26, 2009)]
[Notices]
[Page 54960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25436]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Availability of Seats for the Gray's Reef National Marine 
Sanctuary Advisory Council

AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean 
Service (NOS), National Oceanic and Atmospheric Administration, 
Department of Commerce (DOC).

ACTION: Notice and request for applications.

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

SUMMARY: The ONMS is seeking applicants for the following vacant seats 
on the Gray's Reef National Marine Sanctuary (GRNMS or sanctuary) 
Advisory Council (council): Sport Diving. Applicants are chosen based 
upon their particular expertise and experience in relation to the seat 
for which they are applying; community and professional affiliations; 
philosophy regarding the protection and management of marine resources; 
and possibly the length of residence in the area affected by the 
sanctuary. Applicants who are chosen as members should expect to serve 
three-year terms, pursuant to the council's Charter.

DATES: Applications are due by November 30, 2009.

ADDRESSES: Application kits may be obtained from Becky Shortland, 
Council Coordinator (<a href="/cdn-cgi/l/email-protection#81e3e4e2eaf8aff2e9eef3f5ede0efe5c1efeee0e0afe6eef7"><span class="__cf_email__" data-cfemail="8be9eee8e0f2a5f8e3e4f9ffe7eae5efcbe5e4eaeaa5ece4fd">[email protected]</span></a>, 10 Ocean Science Circle, 
Savannah, GA 31411; 912-598-2381). Completed applications should be 
sent to the same address.

FOR FURTHER INFORMATION CONTACT: Becky Shortland, Council Coordinator 
(<a href="/cdn-cgi/l/email-protection#62000701091b4c110a0d10160e030c06220c0d03034c050d14"><span class="__cf_email__" data-cfemail="402225232b396e33282f32342c212e24002e2f21216e272f36">[email protected]</span></a>, 10 Ocean Science Circle, Savannah, GA 31411; 
912-598-2381.

SUPPLEMENTARY INFORMATION: The sanctuary advisory council was 
established in August 1999 to provide advice and recommendations on 
management and protection of the sanctuary. The advisory council, 
through its members, also serves as liaison to the community regarding 
sanctuary issues and represents community interests, concerns, and 
management needs to the ONNS and NOAA.

    Authority: 16 U.S.C. Sections 1431, et seq.
(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)

    Dated: October 14, 2009.
Daniel J. Basta,
Director, Office of National Marine Sanctuaries, National Ocean 
Service, National Oceanic and Atmospheric Administration.
[FR Doc. E9-25436 Filed 10-23-09; 8:45 am]
BILLING CODE 3510-NK-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### Francisco Mendoza TORRES, Susana Zepeda Esquivel; Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 03-73478.

United States Court of Appeals, Ninth Circuit.

Submitted April 13, 2009.*

Filed April 29, 2009.

Francisco Mendoza Torres, Los Angeles, CA, pro se.

Regional Counsel, Western Region Immigration *&*Naturalization Service, Lagu-na Niguel, CA, Ronald E. Lefevre, Chief Legal Officer, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, OIL, DOJ—U.S. Department of Justice Civil Div./Office of Im*541migration Lit., Washington, DC, for Respondent.

Before: GRABER, GOULD and BEA, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Francisco Mendoza Torres and Susana Zepeda Esquivel, married natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo due process claims. *Montes-Lopez v. Gonzales,*486 F.3d 1163, 1165 (9th Cir.2007). We dismiss in part, deny in part, and grant in part the petition for review, and remand.

We lack jurisdiction to review the agency’s discretionary determination that petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative. *See Marti1nez-Rosas v. Gonzales,*424 F.3d 926, 930 (9th Cir.2005).

Contrary to petitioners’ contention, the IJ’s application of the hardship standard falls within the broad range authorized by statute. *See Ramirez-Perez v. Ashcroft,*336 F.3d 1001,1004 (9th Cir.2003).

Petitioners contend the IJ violated their due process rights by exhibiting bias and interrupting their testimony and that of their witnesses. Petitioners raised this issue to the BIA, which summarily affirmed, the IJ’s decision without addressing it. Because the BIA is not free to ignore arguments raised by petitioners, *see Montes-Lopez,*486 F.3d at 1165, we remand for the BIA to consider petitioners’ contention.

PETITION FOR REVIEW DISMISSED in part; DENIED in part; GRANTED in part; REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### Fernando Vergara MEZA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-70356.

United States Court of Appeals, Ninth Circuit.

Submitted June 12, 2006.*

Filed June 21, 2006.

Fernando Vergara Meza, Lynwood, CA, pro se.

CAC — District Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, John M. McAdams, Jr., U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: WALLACE, KLEINFELD, and BERZON, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Fernando Vergara Meza, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s decision denying his application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo claims of constitutional violations in immigration proceedings. *See Ram v. INS,*243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review.

The immigration judge concluded that Vergara-Meza was not eligible for cancellation of removal because he did not have a qualifying relative who might suffer “exceptional and extremely unusual” hardship upon his removal. Contrary to Vergara-Meza’s contentions, Congress comported with equal protection when it repealed suspension of deportation, and replaced it with cancellation of removal as the available form of relief for aliens who were placed in removal proceedings on or after April 1,1997. *See Vasquez-Zavala v. Ashcroft,*324 F.3d 1105, 1108 (9th Cir.2003); *Hernandez-Mezquita v. Ashcroft,*293 F.3d 1161,1163-65 (9th Cir.2002).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
##### 



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 quarterly report on Form 10-Q of HearUSA, Inc. (the
Company) for the period ending September 25, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), the
undersigned, Stephen J. Hansbrough, Chief Executive Officer and Gino Chouinard,
Chief Financial Officer of the Company, certify, to the best of our knowledge,
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. /s/Stephen J. HansbroughStephen J. HansbroughChief Executive OfficerHearUSA, Inc.November 9, 2004/s/Gino ChouinardGino ChouinardChief Financial OfficerHearUSA, Inc.November 9, 2004
**Aviation Base**

**For the National Preparedness Review, you will need to have the following items available for review:**

**ADMINISTRATIVE**

**Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed**

****

**BASE FACILITIES AND COMMUNICATION**

**Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed**

**PLANNING AND ADMINISTRATION**

**Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed**

**RAMP OPERATIONS**

**Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed**

**RETARDANT OPERATIONS**

**Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed**

**SAFETY AND SECURITY**

**Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed**

Checklist #11 - Aviation Base	10	Revised June 2021

# image1.png