alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CERTIFICATIONS OF CEO PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 Exhibit 31.1  I, Mark Horrelt, certify that  1. I have reviewed this quarterly report on Form 10-Q of Cyclon Capital 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 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; and  c) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent 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 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 registrant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 registrants internal control over financial reporting.  September 17, 2008   /s/ Mark Horrelt Mark Horrelt Chief Executive Officer and Principal Financial Officer
#### Mohammed ABEDI, Petitioner-Appellant, v. Randy GROUNDS, Warden, Respondent-Appellee.

No. 11-18010.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 25, 2012.*

Filed Dec. 12, 2012.

Mohammed Abedi, Soledad, CA, pro se.

Michael G. Lagrama, AGCA-Office of the California Attorney General, San Francisco, CA, for Respondent-Appellee.

*669Before: HUG, FARRIS, and LEAVY, Circuit Judges.

*

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

MEMORANDUM **

California state prisoner Mohammed Abedi appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition as procedurally defaulted. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

We agree with the district court that the claims raised in Abedi’s section 2254 petition are procedurally defaulted. *See Walker v. Martin,*— U.S. -, 131 S.Ct. 1120, 1124-28, 179 L.Ed.2d 62 (2011) (holding that California’s *In re Robbins,*18 Cal.4th 770, 780, 77 Cal.Rptr.2d 153, 959 P.2d 311 (1998), rule constitutes an independent and adequate state procedural bar to federal habeas review, despite discretionary application). Moreover, Abedi has not demonstrated cause and prejudice to excuse the default, nor that a fundamental miscarriage of justice will result if his claims are not considered on the merits. *See Coleman v. Thompson,*501 U.S. 722, 750-51, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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NUVA-EX10.8-2012-10-K






Exhibit 10.8


AMENDMENT NO. 3
TO 
2004 EMPLOYEE STOCK PURCHASE PLAN 
OF NUVASIVE, INC.


Effective May 1, 2012


WHEREAS, the Company has previously adopted the 2004 Employee Stock Purchase Plan, as amended (the “2004 ESPP”); and
WHEREAS, this amendment to the 2004 ESPP (this “Amendment”) on January 21, 2012  was adopted in accordance with Section 26 of the 2004 ESPP; 
NOW THEREFORE, the 2004 ESPP is amended as follows:


1.Effective as of May 1, 2012, Section 10(a) of the 2004 ESPP is amended in its entirety to read as follows:


		
	(a)
	The purchase price of the shares is accumulated by regular payroll deductions made during each Offering Period, provided, however, that for the First Offering Period, the purchase price of the shares shall be paid by the eligible employee in cash on each Purchase date within the First Offering Period unless the eligible employee elects to purchase such shares through payroll deductions, after the filing of an effective Form S-8 registration statement pursuant to the second sentence of Section 7 above, within thirty (30) days following the First Offering Period.  The deductions are made as a percentage of the participant’s compensation n one percent (1%) increments, not less one percent (1%), nor greater than fifteen percent (15), or such lower limit set by the Committee.  Compensation shall mean base pay, including holiday, vacation, sick, jury duty, bereavement and leave of absence pay, overtime, commissions, bonuses (as defined by the Company’s bonus plan(s)), guarantee pay, supplemental pay and car allowances, provided, however that compensation shall not include any long term disability or workmens compensation payments, relocation payments or expense reimbursement and further provided, however, that for purposes of determining a participant’s compensation, any election by such participant to reduce his or her regular cash remuneration under Sections 125 or 401(k) of the Code shall be treated as if they participant did not make such election.  Payroll deductions shall commence on the first payday after the beginning of the Offering Period and shall continue to the end of the Offering Period unless sooner altered or terminated as provided by this Plan.











2.Except as amended by this Amendment, the 2004 ESPP shall remain unchanged and in full force and effect.


3.Except as otherwise provided in this Amendment, terms used herein shall have the meanings ascribed to such terms in the 2004 ESPP.
##### 



EXHIBIT 31.2
 CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this Quarterly Report on Form 10-Q of Sucampo Pharmaceuticals, Inc.;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 registrant as of, and for, the periods presented in this
report;4.
    
    The registrant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
15(d)-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)
    
    [paragraph omitted in accordance with SEC Release 34-47986];(c)
    
    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; and(d)
    
    disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the registrants
fourth fiscal quarter in the case of an annual report) 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(s) 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
functions):
 (a)
    
    all significant deficiencies and material weaknesses in the design or operation of
internal controls over financial reporting which are reasonably likely to adversely affect
the registrant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 registrants internal control over financial reporting.
 Date:  August 21, 2007
    /s/ RONALD W. KAISERRonald W. KaiserChief Financial Officer
(Principal Financial Officer)
[Federal Register Volume 74, Number 137 (Monday, July 20, 2009)]
[Notices]
[Pages 35185-35186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17165]


=======================================================================
-----------------------------------------------------------------------

EXPORT-IMPORT BANK OF THE U.S.

[Public Notice 122]


Agency Information Collection Activities: Final Collection; 
Comment Request

AGENCY: Export-Import Bank of the U.S.

ACTION: Submission for OMB review and comments request.

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

    Form Title: Application for Exporter Short Term Single Buyer 
Insurance

SUMMARY: The Export-Import Bank of the United States (Ex-Im Bank), as a 
part of its continuing effort to reduce paperwork and respondent 
burden, invites the general public and other Federal Agencies to 
comment on the proposed information collection, as required by the 
Paperwork Reduction Act of 1995. Our customers will be able

[[Page 35186]]

to submit this form on paper or electronically. The form has been 
updated in order to standardize the outline of this application to 
those used for medium-term insurance and guarantees and financial 
institution short-term single sale insurance. The application also more 
explicitly states the financial information that is required to be 
submitted with the application. This form mirrors the on-line version 
of the application that Ex-Im Bank is developing.

DATES: Comments should be received on or before August 19, 2009 to be 
assured of consideration.

ADDRESSES: Direct all comments to Office of Management and Budget, 
Office of Information and Regulatory Affairs, 725 17th Street, NW., 
Washington, DC 20038, OMB Number 3048-0018.

SUPPLEMENTARY INFORMATION:
    Titles and Form Number: EIB 92-64 Application for Exporter Short 
Term Single Buyer Insurance.
    OMB Number: 3048-0018.
    Type of Review: Regular.
    Need and Use: The information requested enables the application to 
provide Ex-Im Bank with the information necessary to obtain 
legislatively required assurance of repayment and fulfills other 
statutory requirements.
    Affected Public: This form affects entities involved in the export 
of U.S. goods and services.
    Annual Number of Respondents: 310.
    Estimated Time per Respondent: 6 hours.
    Government Annual Burden Hours: 1,860.
    Frequency of Reporting or Use: As needed--each time an exporter 
seeks to obtain Ex-Im Bank short term insurance for a single-buyer 
export sale.

Sharon A. Whitt,
Agency Clearance Officer.
[FR Doc. E9-17165 Filed 7-17-09; 8:45 am]
BILLING CODE 6690-01-P
The Honorable Fernando J. Gaitan, Jr., United States District Judge for the

1

Western District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 97-3016

___________

United States of America, *

 *

Appellee, *

 *

v. * Appeal from the United States

 * District Court for the

Michael Duncan, * Western District of Missouri.

 *

Appellant. * [UNPUBLISHED]

___________

 Submitted: December 31, 1997

 Filed: January 12, 1998

___________

Before McMILLIAN, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________

PER CURIAM.

After Michael Duncan pleaded guilty to a drug offense, the district court1

sentenced him to 235 months imprisonment and ten years supervised release, and

ordered him to pay a $10,000 fine. For reversal, Duncan argues that the district court

erred in imposing a fine, because he has no ability to pay it, and the court failed to

make findings on the record demonstrating it had considered the factors set forth in

U.S. Sentencing Guidelines Manual § 5E1.2(d) (1997) (listing factors court shall
-2-

consider in determining amount of fine). He also argues that the court should not have

assigned criminal history points to two 1996 state convictions, because they were on

appeal and thus were not yet final. We affirm. 

Upon careful review of the record, we agree with the government that Duncan

waived his argument concerning the fine, as he failed to raise any objection to the fine

in the district court. See U.S. Sentencing Guidelines Manual § 5E1.2(a) (1997)

(imposition of fine is mandatory unless defendant establishes that he is unable to pay

and is not likely to become able to do so in future); United States v. Montanye, 996

F.2d 190, 192 (8th Cir. 1993) (en banc) (plain error occurs when district court deviates

from legal rule, error is clear under current law, and error affected substantial rights);

United States v. Williams, 994 F.2d 1287, 1294 (8th Cir. 1993) (to preserve issue for

appeal, defendant must timely object and clearly state grounds for objection so that trial

court has opportunity to prevent or correct error).

We also conclude that the district court properly included the 1996 state

convictions in Duncan&s criminal history score. See U.S. Sentencing Guidelines

Manual § 4A1.2(l) (1997) (in computing criminal history score, prior sentences under

appeal are counted); United States v. Beddow, 957 F.2d 1330, 1337 (6th Cir. 1992)

(conviction is considered final for criminal history purposes at time of trial court&s

determination of guilt, and thus Guidelines do not require sentence be upheld on appeal

prior to inclusion in criminal history computation). Although Duncan maintains that

counting the convictions denied him due process, we note he did not raise this argument

below and has failed to show that plain error occurred. See Montanye, 996 F.2d at

192; Williams, 994 F.2d at 1294.

Accordingly, we affirm the judgment of the district court.
-3-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 31.2

SECTION 302 CERTIFICATION

I, Brad E. Schwartz, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Monarch Financial Holdings, Inc.;

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 quarterly report;

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 registrant as of, and for, the periods presented in this quarterly 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 we 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 quarterly 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; and

(c) disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent 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
functions):

(a) all significant deficiencies 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; and

(b) 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.



|                       |  |                                                   
|---------------------- |  | --------------------------------------------------
|Date: November 8, 2007 |  | /s/ Brad E. Schwartz                              
|                       |  | Brad E. Schwartz                                  
|                       |  | Executive Vice President & Chief Financial Officer
<PAGE>


EXHIBIT 23.2

                  (Letterhead of Timothy M. Griffiths, C.P.A.)








Securities  and  Exchange  Commission
450  Fifth  Street,  N.W.
Washington,  D.C.  20549

Re:     Resolve  Staffing,  Inc.
        Form  10-KSB

Gentlemen:

I  consent to the incorporation on my report as independent auditor accompanying
the  audited  consolidated  financial  statements  of  Resolve  Staffing,  Inc.,
formerly  Columbialum  Staffing, Inc., as of December 31, 2002 and 2001, and for
the  years then ended, issued in connection with Resolve Staffing, Inc.'s annual
report  filed  with  the  Securities  Act  of  1934  under  cover of Form 10-KSB


Very  truly  yours,


/s/  Timothy  M.  Griffiths, CPA
---------------------------------
Timothy M. Griffiths
Certified Public Accountant
Tampa, Florida
June 24, 2003

<PAGE>
Case 3:11-cv-00819-JAP -DEA Document 6-1 Filed 02/17/11 Page 1 of 2 PageID: 181
Case 3:11-cv-00819-JAP -DEA Document 6-1 Filed 02/17/11 Page 2 of 2 PageID: 182
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 Quarterly Report
of Defentect Group, Inc. (the “Company”) on Form 10-Q for the period ended June
30, 2010, as filed with the Securities and Exchange Commission (the “Report”),
the undersigned certifies, 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 the
undersigned’s knowledge, 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.


Dated: August
      13, 2010
            By:
            /s/
      John T. GrippoJohn
      T. Grippo, Chief Financial Officer(Principal
      Financial Officer)