alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 31.1**
 
 CEO Certification
 
 I, Steve Westlund, certify that:
 
 The undersigned certifies that:
 
 1. I have reviewed this quarterly report on Form 10-QSB of Kaire Holdings, Incorporated. (the "Company");
 
 2. Based on my knowledge, this quarterly 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 circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report; and
 
 3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the periods presented in this quarterly report.
 
 4. The Company's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the Company 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 Company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;
 
 b) evaluated the effectiveness of the Company'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 Company's internal control over financial reporting that occurred during the Company's most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the Company's internal control over financial reporting;
 
 5. The Company's other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Company's auditors and the audit committee of Company's board of directors (or persons performing the equivalent functions);
 
 a) all significant deficiencies in the design or operation of internal controls which could adversely affect the Company's ability to record, process, summarize and report financial data and have identified for the Company's auditors any material weaknesses in internal controls; and
 
 b) any fraud, whether or not material, that involves management or other employees who have a significant role in the Company's internal controls over financial reporting.
 
 Date: November 19, 2004
 
 /s/ Steve Westlund
 Steve Westlund, Chief Executive Officer,
 President, Chief Accounting Officer and Director
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.                  

###### Department of the Interior

###### National Park Service

# AGENCY:

Department of the Interior, National Park Service, Boston Harbor Islands National Recreation Area.

# ACTION:

Notice of meeting.

# SUMMARY:

Notice is hereby given that a meeting of the Boston Harbor Islands National Recreation Area Advisory Council will be held on Wednesday, December 2, 2009, at 4 p.m. to 6 p.m. at the Partnership Office, 408 Atlantic Avenue, Suite 217, Boston, MA.

This will be the quarterly meeting of the Council. The agenda will include an update on the messaging project, discussion of how to stimulate public participation in park planning and other management efforts, planning for the annual meeting in March, a park update, and public comment.

The meeting will be open to the public. Any person may file with the Superintendent a written statement concerning the matters to be discussed. Persons who wish to file a written statement at the meeting or who want further information concerning the meeting may contact Superintendent Bruce Jacobson at (617) 223-8667.

# DATES:

December 2, 2009 at 4 p.m.

# ADDRESSES:

Partnership Office, 408 Atlantic Avenue, Suite 217, Boston, MA.

# FOR FURTHER INFORMATION CONTACT:

Superintendent Bruce Jacobson, (617) 223-8667.

# SUPPLEMENTARY INFORMATION:

The Advisory Council was appointed by the Director of National Park Service pursuant to Public Law 104-333. The 28 members represent business, educational/cultural, community and environmental entities; municipalities surrounding Boston Harbor; Boston Harbor advocates; and Native American interests. The purpose of the Council is to advise and make recommendations to the Boston Harbor Islands Partnership with respect to the development and implementation of a management plan and the operations of the Boston Harbor Islands NRA.

Dated: October 7, 2009.

Bruce Jacobson,

Superintendent, Boston Harbor Islands NRA.

[FR Doc. E9-25674 Filed 10-23-09; 8:45 am]

BILLING CODE 4310-86-P
Exhibit
32.2





Certification
of Principal Financial Officer


Pursuant
to U.S.C. Section 1350


As
Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002




I, John E. Yetter, Vice President and
Chief Financial Officer of Derma Sciences, Inc., hereby certify that the Annual
Report on Form 10-K for the period ending December 31, 2009 of Derma Sciences,
Inc. (the “Form 10-K”) upon my best knowledge and belief fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that the information contained in the Form 10-K fairly presents, in all
material respects, the financial condition and results of operations of Derma
Sciences, Inc.




Dated:  March
      31, 2010
            /s/ John E. YetterJohn
      E. Yetter, CPAVice
      President and Chief Financial Officer(Principal
      Financial Officer)
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

JUNE 9, 2009

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 08-13009

Non-Argument Calendar

________________________

D. C. Docket No. 08-00011-CV-5

MELVIN JAMES JACKSON,

Plaintiff-Appellant,

versus

WARDEN DON JACKSON,

DOCTOR CHARLES HARDEN,

Doctor,

NURSE EDGY,

P.A.,

Defendants-Appellees.

________________________

Appeal from the United States District Court

for the Southern District of Georgia

_________________________

(June 9, 2009)

Before EDMONDSON, MARCUS and ANDERSON, Circuit Judges.
PER CURIAM:

Melvin James Jackson is a Georgia prison inmate. He sued certain prison

officials under 42 U.S.C. § 1983 for supposedly acting with deliberate indifference

towards his serious medical needs. The district court dismissed his lawsuit under

28 U.S.C. § 1915 after the court concluded that he was not eligible to proceed in

forma pauperis. We vacate the decision of the district court and remand the case.

1

Section 1915 allows a prisoner to file three frivolous lawsuits at a reduced

rate. 28 U.S.C. §§ 1915(b), (g); Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir.

2002). After the third baseless complaint, however, a prisoner must pay the full

filing fee. Dupree, 284 F.3d at 1236. The only exception is if the prisoner faces

imminent danger of serious physical injury when he files suit. Medberry v. Butler,

185 F.3d 1189, 1193 (11th Cir. 1999). Jackson does not dispute that he has already

filed three frivolous lawsuits; thus, he may proceed in forma pauperis here only if

he was in imminent danger of serious harm when he filed suit.

We believe Jackson has met this standard. In his complaint, Jackson claims

that he has a hernia that causes him to suffer from severe pain in his testicles and

abdomen, blood in his urine, nausea, and weight loss. Jackson contends that

Jackson asks us to enter a default judgement in his favor and to reconsider our earlier 1

order denying him leave to amend his appeal papers; we reject his requests. 

2
without surgery, which the defendant prison officials will not approve, he will

2

continue to suffer from those injuries and may even face tissue death, gangrene,

and internal bleeding. Based on these allegations, which we must construe

liberally, accept as true, and view as a whole, Brown v. Johnson, 387 F.3d 1344,

1350 (11th Cir. 2004), we conclude that Jackson has sufficiently demonstrated that

he was in imminent danger of serious physical injury when he filed suit. Jackson

may proceed with his lawsuit in forma pauperis.

VACATED and REMANDED.

In his appeal papers, Jackson indicates that he received his surgery after filing his 2

complaint. What effect this development has on his lawsuit, if any, we save for the district court. 

3
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-7169

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

KEVIN MAURICE LINDER, a/k/a Killer Kev,

Defendant - Appellant.

Appeal from the United States District Court for the Western 

District of North Carolina, at Statesville. Richard L. 

Voorhees, District Judge. (5:02-cr-00037-RLV-5)

Submitted: November 9, 2012 Decided: November 28, 2012

Before GREGORY, SHEDD, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Kevin Maurice Linder, Appellant Pro Se. Amy Elizabeth Ray, 

Assistant United States Attorney, Asheville, North Carolina; 

Michael E. Savage, Assistant United States Attorney, Thomas A. 

O’Malley, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North 

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Kevin Maurice Linder appeals the district court’s 

order granting his motion for reduction of sentence under 18 

U.S.C. § 3582(c)(2) (2006). Although the district court granted 

Linder’s motion, the court did not reduce his sentence to the 

full extent he requested. We have reviewed the record and find 

no reversible error. The district court reduced Linder’s 

offense level to 34, which resulted in a revised Guidelines 

range of 262-327 months, after which the court imposed a 

sentence of 156 months, less than 60% of the low end of the 

revised Guidelines range. Linder thus received the benefit of 

Amendment 750 to the U.S. Sentencing Guidelines Manual, which 

implemented the Fair Sentencing Act. The court was not at 

liberty to depart below the statutory minimum sentence of ten 

years, which still applied in Linder’s case because the Fair 

Sentencing Act does not apply to defendants like Linder who were 

sentenced before the Act’s 2010 effective date. Moreover, 

Linder’s ineffective assistance claim is meritless because there 

is no right to counsel in a § 3582(c)(2) proceeding. United 

States v. Legree, 205 F.3d 724, 730 (4th Cir. 2000).

Accordingly, we affirm the district court’s judgment. 

We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 
3

before this court and argument would not aid the decisional 

process.

AFFIRMED
----

Exhibit 32.2 

CERTIFICATION PURSUANT TO THE SARBANES-OXLEY ACT 

18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 

I, Michael Ash, CFO of The Tirex Corporation (the "Company") do herebycertify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that, to my knowledge: 

-  This Quarterly Report on Form 10-QSB of the Company for the  period ended December 31, 2004 as filed with the Securities and Exchange  Commission (the "report"), fully complies with the requirements of Section  13(a) or 15(d) of the Securities Exchange Act of 1934; and  The information contained in the report fairly presents, in all material  respects, the financial condition and results of operations of the Company.  

/s/________________ Michael Ash, CFO 

Date: February 15, 2005
#### Geraldine McClatchie, Appellant, v City of New York, Respondent.

[963 NYS2d 87]

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered August 5, 2011, which denied plaintiffs application seeking leave to file a late notice of claim, and order, same court (Arthur Engoron, J.), entered January 9, 2012, which granted defendant’s motion to dismiss the complaint for failure to file a timely notice of claim, unanimously affirmed, without costs.

*468The court properly exercised its discretion by denying plaintiffs application, given that plaintiff failed to offer a reasonable excuse for the delay, does not contest that the City acquired no knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, and failed to demonstrate that the City suffered no substantial prejudice *(see*General Municipal Law § 50-e [5]; *see generally Matter of Strauss v New York City Tr. Auth.,*195 AD2d 322, 322 [1st Dept 1993]). Where, as here, there is no reasonable excuse for the delay and the City did not acquire actual knowledge of the essential facts within the 90-day period, or a reasonable time thereafter, *“the*transitory nature *of the*defective condition weighs against the granting of an application to file a late notice of claim” *(Harris v City of New York,*297 AD2d 473, 474 [1st Dept 2002], *lv denied*99 NY2d 503 [2002]). Moreover, plaintiffs 14-month delay in seeking to file a notice of claim deprived the City of a reasonable opportunity to locate witnesses *(see Zarrello v City of New York,*61 NY2d 628, 630 [1983]; *Ordillas v MTA N.Y. City Tr.,*50 AD3d 391, 392 [1st Dept 2008]).

Concur—Mazzarelli, J.E, Acosta, Renwick, Richter and Gische, JJ.
EXHIBIT 32.1

CERTIFICATION OF THE PRINCIPAL EXECUTIVE OFFICER

Pursuant to 18 U.S.C. § 1350, as created by
Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of ImmunoCellular Therapeutics, Ltd. (the Company) hereby certifies that, to his knowledge:

(i) The Quarterly Report on Form 10-Q of the Company for the fiscal quarter ended September 30, 2008 (the Report) fully
complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

(ii) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                        |  |  |  |     |  |                                             
|----------------------- |  |  |  | --- |  | --------------------------------------------
|Date: November 13, 2008 |  |  |  | By: |  | /s/ Manish Singh                            
|                        |  |  |  |     |  | Name: Manish Singh, Ph.D.                   
|                        |  |  |  |     |  | Title: President and Chief Executive Officer
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#### LEHNERTZ v. SOCIETE ANONYME BELGE D’EXPLOITATION DE LA NAVIGATION AERIENNE and six other cases.

United States District Court S. D. New York.

May 19, 1948.

*320Sanders & Linhart, of New York City, for plaintiffs Lehnertz and Loewenthal.

Adler & Schwartz, of New York City, for plaintiff Revil.

William Paul Allen, of New York City, for plaintiff Henderson.

Leon, Weill & Mahony, of New York City, for plaintiffs Lindenbaum.

Davies, Auerbach, Cornell & Hardy, of New York City (Kenneth W. Greenawalt and Herbert A. Heerwagen, both of New York City, of counsel), for plaintiff Meyer.

Joseph J. Eomhorn, for plaintiff Alster.

Spence, Hotchkiss, Parker & Duryee, of New York City (James N. Halpin and Adrian P. Driggs, both of New York City, of counsel), for defendant.

GODDARD, District Judge.

Motions by defendant in respect to the amended complaints of the seven plaintiffs. The suits seek to recover damages resulting from the crash of defendant’s airplane near Gander, Newfoundland on September 18, 1946. The motions are substantially similar and may foe disposed of together.

1. The motions to dismiss the amended complaints or to require the plaintiffs to file further amended complaints are granted to the extent of requiring plaintiffs to state specifically the law or laws of what country or countries were violated in the alleged violation of Article VIII, Section 5 of the Interim Agreement on International Civil Aviation, as alleged in paragraph 17(d) of the Wilson amended complaint. If plaintiffs do not rely upon any specific law or laws of any specific country or countries, they may so state. Paragraph 17(n) of the Wilson amended complaint should be amplified in the same manner as 17(d). The corresponding paragraphs of the other amended complaints should be amplified in conformity with the ruling in repect to the Wilson amended complaint.

2. Regardless of whether Section 213 of the Consolidated Statute of Newfoundland makes such statement a matter of substantive law or not, the defendant’s motion to require those plaintiffs who allege a cause of action based upon Section 213 of the Consolidated Statute of Newfoundland [Third Series] to furnish what amounts to a bill of particulars is denied without prejudice. Defendant’s motion is not addressed to any defect in the plaintiffs’ alleged substantive right for failure to comply with Section 213. See Federal Rules of Civil Procedure, rule 12(e), as amended, 28 U.S.C.A.

3. Defendant’s motion addressed to paragraphs 25 and 46 of the Wilson amended complaint and the motions addressed to the corresponding paragraphs of the other amended complaints, to separately state and *321number are denied. These paragraphs refer to a single cause of action which has various parts. The plaintiffs are not required to separate the single cause of action into its component parts. The allegations appear to be sufficiently clear to enable defendant to properly answer.
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 WNC California Housing
Tax Credits III, L.P. (the  "Partnership")  for the year ended March 31, 2007 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  and  pursuant to 18 U.S.C.,  section  1350,  as adopted  pursuant to
section  906 of the  Sarbanes-Oxley  Act of  2002,  I,  Thomas  J.  Riha,  Chief
Financial Officer of WNC & Associates, Inc., general partner of the Partnership,
hereby certify that:

     1.   The Report fully  complies with the  requirements  of section 13(a) or
          15(d) of the  Securities  Exchange  Act of 1934,  except to the extent
          that such  provisions  require  the  audit  reports  of Local  Limited
          Partnership  financial  statements  to refer to the  standards  of the
          Public Company Accounting Oversight Board.

     2.   The  information  contained  in the  Report  fairly  presents,  in all
          material respects, the financial condition and result of operations of
          the Partnership.




/s/THOMAS J. RIHA
-----------------
Thomas J. Riha
Senior Vice President and Chief Financial Officer of WNC & Associates, Inc.
March 6, 2008
#### Marty L. WILLIAMS, Plaintiff-Appellant, v. S.P. HUNT, Program Coordinator; McInteer, Captain of Security, Defendants-Appellees.

No. 06-7508.

United States Court of Appeals, Fourth Circuit.

Submitted: Oct. 31, 2006.

Decided: Nov. 8, 2006.

Marty L. Williams, Appellant Pro Se.

Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

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

PER CURIAM:

Marty L. Williams appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Williams v. Hunt,*No. 2:06-cv-00337-RAJ (E.D.Va. Aug. 22, 2006). We deny *325Williams’ motion to appoint counsel. 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.

*AFFIRMED*
Exhibit 32.2 CERTIFICATION PURSUANT TO THE SARBANES-OXLEY ACT
18 U.S.C. SECTION 1350 
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 I, Michael Ash, CFO of The Tirex Corporation (the Company) do 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 my knowledge: 1.
	This Quarterly Report on Form 10-QSB of the Company for the period ended December 31, 2008 as filed with the Securities and Exchange Commission (the report), fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and2.
	The information contained in the report fairly presents, in all material respects, the financial condition and results of operations of the Company. /s/ Michael AshMichael Ash, CFO
Date: August 3, 2009