alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-6741

JOHNNY LEE LUCAS,

Petitioner - Appellant,

versus

WILLIE EAGLETON, Warden of Evans Correctional

Institution; HENRY MCMASTER, Attorney General

of the State of South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Rock Hill. G. Ross Anderson, Jr., District

Judge. (CA-03-330-0-13BD)

Submitted: September 16, 2004 Decided: September 22, 2004

Before LUTTIG, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Johnny Lee Lucas, Appellant Pro Se. Donald John Zelenka, Chief

Deputy Attorney General, John William McIntosh, Assistant Attorney

General, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Johnny Lee Lucas seeks to appeal the district court’s

order denying relief on his petition filed under 28 U.S.C. § 2254

(2000). An appeal may not be taken from the final order in a

habeas corpus proceeding in which the detention complained of

arises out of process issued by a state court unless a circuit

justice or judge issues a certificate of appealability. 28 U.S.C.

§ 2253(c)(1) (2000). A certificate of appealability will not issue

for claims addressed by a district court on the merits absent “a

substantial showing of the denial of a constitutional right.” 28

U.S.C. § 2253(c)(2) (2000). As to claims dismissed by the district

court solely on procedural grounds, a certificate of appealability

will not issue unless the petitioner can demonstrate both “(1)

‘that jurists of reason would find it debatable whether the

petition states a valid claim of the denial of a constitutional

right’ and (2) ‘that jurists of reason would find it debatable

whether the district court was correct in its procedural ruling.’”

Rose v. Lee, 252 F.3d 676, 684 (4th Cir.) (quoting Slack v.

McDaniel, 529 U.S. 473, 484 (2000)). We have independently

reviewed the record and conclude that Lucas has not satisfied

either standard. See Miller-El v. Cockrell, 537 U.S. 322, 336

(2003). Accordingly, we deny a certificate of appealability and

dismiss the appeal. See 28 U.S.C. § 2253(c) (2000). We dispense

with oral argument because the facts and legal contentions are
- 3 -

adequately presented in the materials before the court and argument

would not aid the decisional process. 

DISMISSED
<TABLE> <S> <C>

<ARTICLE> 7
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998         
<PERIOD-END>                               JUN-30-1998
<DEBT-HELD-FOR-SALE>                           511,074
<DEBT-CARRYING-VALUE>                           40,486
<DEBT-MARKET-VALUE>                             42,289
<EQUITIES>                                          24
<MORTGAGE>                                     139,091
<REAL-ESTATE>                                   41,996
<TOTAL-INVEST>                                 775,916
<CASH>                                         126,414
<RECOVER-REINSURE>                             151,625
<DEFERRED-ACQUISITION>                          27,082
<TOTAL-ASSETS>                               1,268,469
<POLICY-LOSSES>                                431,189
<UNEARNED-PREMIUMS>                             18,137
<POLICY-OTHER>                                 210,766
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                      0
<PREFERRED-MANDATORY>                           15,286
<PREFERRED>                                          0
<COMMON>                                       188,043
<OTHER-SE>                                     275,059
<TOTAL-LIABILITY-AND-EQUITY>                 1,268,469
<PREMIUMS>                                     279,066
<INVESTMENT-INCOME>                             34,685
<INVESTMENT-GAINS>                               2,942
<OTHER-INCOME>                                  33,854
<BENEFITS>                                     198,346
<UNDERWRITING-AMORTIZATION>                      6,506
<UNDERWRITING-OTHER>                             2,506
<INCOME-PRETAX>                                 30,270
<INCOME-TAX>                                    10,934
<INCOME-CONTINUING>                             17,872
<DISCONTINUED>                                   3,311
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    21,183
<EPS-PRIMARY>                                     0.84
<EPS-DILUTED>                                     0.83
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
#### Provident Bank, Respondent, v Barnaby Joyce et al., Appellants.

[975 NYS2d 763]

In an action to recover on a business line of credit agreement and a personal guaranty, the defendants appeal from a judgment of the Supreme Court, Rockland County (Alfieri, Jr., J.), dated April 19, 2012, which, upon an order of the same court dated April 17, 2012, granting the plaintiffs motion for summary judgment on the complaint, is in favor of the plaintiff and against them in the total sum of $24,997.75. The notice of appeal from the order dated April 17, 2012, is deemed to be a notice of appeal from the judgment *(see*CPLR 5512 [a]).

Ordered that the judgment is affirmed, with costs.

On its motion for summary judgment on the complaint, the plaintiff established its prima facie entitlement to judgment as a matter of law by demonstrating that the defendant Barnaby C. *914Joyce Agency, Inc., defaulted on the credit agreement it had entered into with the plaintiff and that the defendant Barnaby Joyce failed to meet his obligation as guarantor on the credit agreement. In opposition, the defendants failed to raise a triable issue of fact.

The defendants’ remaining contentions are without merit.

Accordingly, the Supreme Court properly granted the plaintiffs motion for summary judgment on the complaint *(see Fleet Bank v M & Z Headwear,*308 AD2d 507 [2003]). Rivera, J.E, Angiolillo, Hall and Cohen, JJ., concur.
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 Financial Report of NoFire Technologies,
Inc. on Form 10QSB for the Quarter ended 5/31/06 as filed
with the Securities and Exchange Commission on the date hereof,
I, Sam Gottfried, Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Form 10QSB 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

(2) The information contained in the Form 10QSB fairly presents,
in all material respects, the financial condition and results of
operations of the Company.



Dated: July 19,2006

Name  /s/ Sam Gottfried (CEO)


A signed original of this written statement required by Section 906,
or other document authenticating, acknowledging, or otherwise adopting
 the signature that  appears in typed form within the electronic
version of this written  statement required by Section 906, has been
provided to NoFire Technologies,
Inc. and will be retained by NoFire Technologies, Inc. and furnished
to the Securities and Exchange Commission or its staff upon request.







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 Financial Report of NoFire Technologies,
Inc. on Form 10QSB for the Quarter ended 5/31/06 as filed
with the Securities and Exchange Commission on the date hereof,
I, Sam Oolie, Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Form 10QSBfully 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


(2) The information contained in the Form 10QSB fairly presents,
in all material respects, the financial condition and results of
operations of the Company.



Dated: July 19,2006

Name  /s/ Sam Oolie (CFO)


A signed original of this written statement required by Section 906,
or other document authenticating, acknowledging, or otherwise adopting
 the signature that  appears in typed form within the electronic
version of this written  statement required by Section 906, has been

provided to NoFire Technologies,
Inc. and will be retained by NoFire Technologies, Inc. and furnished
to the Securities and Exchange Commission or its staff upon request.
UNITED STATES DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT 

Office of Fire and Aviation 

3833 S. Development Avenue 

Boise, Idaho 83705-5354 

August 30, 2004 

In Reply Refer To: 

1400-500 (FA-202) I 

EMS Transmission 08/30/2004 

Director’s Office Information Bulletin No. OF&A 2004-013 

To: All OF&A Employees 

From: Director, Office of Fire & Aviation 

Subject: Implementation of the Interagency Fire Program Management Qualifications 

Standards and Guide 

Studies of wildland fire incidents for a number of years highlighted the fact that more stringent, 

uniform qualification standards were needed for certain fire management positions to ensure 

firefighter safety. The lengthy collaborative effort between the Department of the Interior and 

the Department of Agriculture to establish uniform fire management qualifications standards has 

been completed. These qualification standards were generated to improve firefighter safety and 

increase professionalism in the fire management program. 

In the attached memorandum dated June 18, 2004, the Assistant Secretary for Office of Policy, 

Management and Budget established October 1, 2004, as the date to officially begin 

implementing the Interagency Fire Program Management Qualifications Standards and Guide 

(IFPM Standard). A subsequent memorandum was issued on July 2, 2004, by Carolyn Cohen, 

Director, Office of Personnel Policy, to all Bureau of Land Management Human Resources 

Directors reaffirming this implementation date. 

The National Fire and Aviation Executive Board, through the Federal Fire Training Task Group, 

has chartered an interagency IFPM Implementation Team consisting of representatives from 

human resources, training and fire management. The IFPM Implementation Team met on 

August 5-6, 2004, to begin their work on an interagency basis. Their first task is to develop an 

implementation plan which will be issued on October 1, 2004. This plan will provide guidance 

on the implementation process. 
2

The above-mentioned memorandums, the IFPM Standard and additional related information may 

be found on the internet at http://www.nifc.gov/training_quals/IFPM/ifpm.htm. If you have 

further questions, you may contact Mark Koontz, Implementation Team Lead, at 208-387-5090, 

or via email at mark_koontz@nps.gov. 

Signed by: Authenticated by: 

Timothy M. Murphy Pat Lewis 

Acting Director Supervisory Mgmt. Asst. 

Office of Fire and Aviation Office Services 

Attachment: 

 Memorandum, Assistant Secretary for Office of Policy, Management and Budget (2 pp) 

DISTRIBUTION: 

Fire Program Advisor, FA-101, WO 

BLM ADs 

BC Library 

Mark Koontz, NIFC NPS
<TABLE> <S> <C>

<ARTICLE>                  5

<S>                                                  <C>
<PERIOD-TYPE>                                        12-MOS
<FISCAL-YEAR-END>                                    MAR-31-1999
<PERIOD-END>                                         MAR-31-1999
<CASH>                                               114,347
<SECURITIES>                                         3,020,272
<RECEIVABLES>                                        000
<ALLOWANCES>                                         000
<INVENTORY>                                          000
<CURRENT-ASSETS>                                     000
<PP&E>                                               000
<DEPRECIATION>                                       000
<TOTAL-ASSETS>                                       28,779,904<F1>
<CURRENT-LIABILITIES>                                000
<BONDS>                                              000
<COMMON>                                             000
<PREFERRED-MANDATORY>                                000
<PREFERRED>                                          000
<OTHER-SE>                                           28,639,112
<TOTAL-LIABILITY-AND-EQUITY>                         28,779,904<F2>
<SALES>                                              000
<TOTAL-REVENUES>                                     256,266<F3>
<CGS>                                                000
<TOTAL-COSTS>                                        000
<OTHER-EXPENSES>                                     554,228<F4>
<LOSS-PROVISION>                                     000
<INTEREST-EXPENSE>                                   000
<INCOME-PRETAX>                                      000
<INCOME-TAX>                                         000
<INCOME-CONTINUING>                                  000
<DISCONTINUED>                                       000
<EXTRAORDINARY>                                      000
<CHANGES>                                            000
<NET-INCOME>                                         (3,150,253)<F5>
<EPS-BASIC>                                        (61.24)
<EPS-DILUTED>                                        000
<FN>
<F1>Included  in Total assets are  Investments in Local Limited  Partnerships of
$25,341,905,   Restricted   cash  of  $266,031  and  Other  assets  of  $37,349.
<F2>Included in Total liabilities and equity: Accounts payable to affiliates
of $72,014 and Accounts payable and accrued expenses of $68,778.
<F3>Total Revenue includes Investment of $192,898 and Other of $63,368.
<F4>Included in Other Expenses are Asset  Management  fees of $292,147,  General
and  Administrative  of  $229,897  and  Amortization  of $32,184.  <F5>Net  loss
reflects Equity in losses of Local Limited Partnerships of $2,852,291.
</FN>


</TABLE>
<TABLE> <S> <C>


        <S> <C>

<PAGE>

<ARTICLE>5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE REGISTRANT'S FORM 10-KSB AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>1

<S>                                                      <C>
<PERIOD-TYPE>                                         3-MOS
<FISCAL-YEAR-END>                                     JUN-30-2000
<PERIOD-START>                                        OCT-01-1999
<PERIOD-END>                                          DEC-31-1999
<CASH>                                                467,076
<SECURITIES>                                          0
<RECEIVABLES>                                         7,438
<ALLOWANCES>                                          0
<INVENTORY>                                           7,984
<CURRENT-ASSETS>                                      482,498
<PP&E>                                                34,401
<DEPRECIATION>                                        0
<TOTAL-ASSETS>                                        518,373
<CURRENT-LIABILITIES>                                 56,416
<BONDS>                                               0
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                           666,439
<COMMON>                                              544,238
<OTHER-SE>                                            461,956
<TOTAL-LIABILITY-AND-EQUITY>                          518,373
<SALES>                                               8,885
<TOTAL-REVENUES>                                      8,885
<CGS>                                                 0
<TOTAL-COSTS>                                         0
<OTHER-EXPENSES>                                      69,131
<LOSS-PROVISION>                                      0
<INTEREST-EXPENSE>                                    0
<INCOME-PRETAX>                                      (60,246)
<INCOME-TAX>                                          0
<INCOME-CONTINUING>                                  (60,246)
<DISCONTINUED>                                        0
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                         (60,246)
<EPS-BASIC>                                        (.01)
<EPS-DILUTED>                                        (.01)



</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5

<CIK>                         0000892997
<NAME>                        WNC CALIFORNIA HOUSING TAX CREDITS III, L.P.
<MULTIPLIER>                                   1
<CURRENCY>                                     US DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              MAR-31-2000
<PERIOD-START>                                 APR-01-1999
<PERIOD-END>                                   MAR-31-2000
<EXCHANGE-RATE>                                1
<CASH>                                             480,598
<SECURITIES>                                             0
<RECEIVABLES>                                            0
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                   480,598
<PP&E>                                                   0
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                   8,705,569
<CURRENT-LIABILITIES>                                    0
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                 0
<OTHER-SE>                                       7,987,290
<TOTAL-LIABILITY-AND-EQUITY>                     8,705,569
<SALES>                                                  0
<TOTAL-REVENUES>                                    19,937
<CGS>                                                    0
<TOTAL-COSTS>                                      264,593
<OTHER-EXPENSES>                                   872,853
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                 (1,117,509)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                             (1,117,509)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                    (1,117,509)
<EPS-BASIC>                                       (61.46)
<EPS-DILUTED>                                            0



</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This Schedule contains summary financial information extracted from the
Company's Consolidated Balance Sheet at December 31, 1996 and Consolidated
Statement of Operations for the 3 months ended December 31, 1996, and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           4,489
<SECURITIES>                                         0
<RECEIVABLES>                                    5,251
<ALLOWANCES>                                      (68)
<INVENTORY>                                      2,214
<CURRENT-ASSETS>                                12,325
<PP&E>                                          23,820
<DEPRECIATION>                                (13,818)
<TOTAL-ASSETS>                                  23,093
<CURRENT-LIABILITIES>                            5,625
<BONDS>                                         20,237
<PREFERRED-MANDATORY>                              216
<PREFERRED>                                         11
<COMMON>                                            13
<OTHER-SE>                                     188,480
<TOTAL-LIABILITY-AND-EQUITY>                    23,093
<SALES>                                          1,856
<TOTAL-REVENUES>                                11,784
<CGS>                                            1,675
<TOTAL-COSTS>                                    3,254
<OTHER-EXPENSES>                                 3,647
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (401)
<INCOME-PRETAX>                                  4,113
<INCOME-TAX>                                        40
<INCOME-CONTINUING>                              4,073
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,073
<EPS-PRIMARY>                                     2.01
<EPS-DILUTED>                                     2.01
        

</TABLE>