alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## **Exhibit 31.2**

## ** **

**Certificationof the Chief Financial Officer**

(Pursuant to Rule 13a-14(a))

 

I, Gary Williams, certify that:

 

1.               I have reviewedthis Form 10-Q of Focus Enhancements, Inc.;

2.               Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.               Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4.               The registrant’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

(a) Designed such disclosure controlsand procedures, or caused such disclosure controls and procedures to bedesigned under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

(b) Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

(c) Disclosed in this report any changein the registrant’s internal control over financial reporting that occurredduring the registrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materially affected,or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and

5.               The registrant’sother certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (orpersons performing the equivalent functions):

(a) All significant deficiencies andmaterial weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financialinformation; and

(b) Any fraud, whether or not material,that involves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 

Date: November 14, 2005

 
|  /s/ | Gary  Williams        |   |
|-----------|-----------------------|--------|
|      | Gary Williams         |
|      | VP of Finance and CFO |

 

----
##### 



EXHIBIT 32
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
  (1)
    
    the Registrants Report on Form 10-K for the period ended June 30, 2005, as
filed with the Securities and Exchange Commission on the date hereof (the Report),
fully complies with the applicable requirements of Section 13(a) or Section 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 Registrant.
  /s/ Michael V. ShustekMichael V. Shustek*Chief Executive Officerof Vestin Mortgage, Inc., Manager of the Registrant
  /s/ John AlderferJohn Alderfer*Chief Financial Officerof Vestin Mortgage, Inc., Manager of the Registrant
#### UNITED STATES of America, Plaintiff-Appellee, v. Johnny Lee GORE, a/k/a Manager, Defendant-Appellant.

No. 12-7542.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 6, 2012.

Decided: Jan. 2, 2013.

*332Johnny Lee Gore, Appellant Pro Se.

Alfred William Walker Bethea, Jr., Assistant United States Attorney, Florence, South Carolina, for Appellee.

Before MOTZ and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Johnny Lee Gore seeks to appeal the district court’s order denying his motion for bail pending a final disposition on his 28 U.S.C.A. § 2255 (West Supp.2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2258(c)(1)(B) (2006). 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) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003).

We have independently reviewed the record and conclude that Gore has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We deny Gore’s motion to expedite the decision as moot. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*DISMISSED.*
I 

108TH CONGRESS 

1ST SESSION H. R. 83

To amend the Immigration and Nationality Act with respect to the record 

of admission for permanent residence in the case of certain aliens. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2003

Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL

To amend the Immigration and Nationality Act with respect 

to the record of admission for permanent residence in 

the case of certain aliens.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Date of Registry and 

5 Legal Amnesty Restoration Act of 2003’’. 

6 SEC. 2. RECORD OF ADMISSION FOR PERMANENT RESI7 DENCE IN THE CASE OF CERTAIN ALIENS. 

8 (a) IN GENERAL.—Section 249 of the Immigration 

9 and Nationality Act (8 U.S.C. 1259) is amended—
2

•HR 83 IH 

1 (1) in subsection (a), by striking ‘‘January 1, 

2 1972’’ and inserting ‘‘January 1, 1986’’; and 

3 (2) by striking ‘‘JANUARY 1, 1972’’ in the head4 ing and inserting ‘‘JANUARY 1, 1986’’. 

5 (b) EFFECTIVE DATES.—

6 (1) GENERAL RULE.—The amendments made 

7 by subsection (a) shall take effect on the date of the 

8 enactment of this Act. 

9 (2) EXTENSION OF DATE OF REGISTRY.—

10 (A) PERIOD BEGINNING JANUARY 1, 

11 2004.—Beginning on January 1, 2004, section 

12 249 of the Immigration and Nationality Act (8 

13 U.S.C. 1259) is amended by striking ‘‘January 

14 1, 1986’’ each place it appears and inserting 

15 ‘‘January 1, 1987’’. 

16 (B) PERIOD BEGINNING JANUARY 1, 

17 2005.—Beginning on January 1, 2005, section 

18 249 of such Act is amended by striking ‘‘Janu19 ary 1, 1987’’ each place it appears and insert20 ing ‘‘January 1, 1988’’. 

21 (C) PERIOD BEGINNING JANUARY 1, 

22 2006.—Beginning on January 1, 2006, section 

23 249 of such Act is amended by striking ‘‘Janu24 ary 1, 1988’’ each place it appears and insert25 ing ‘‘January 1, 1989’’. 
3

•HR 83 IH 

1 (D) PERIOD BEGINNING JANUARY 1, 

2 2007.—Beginning on January 1, 2007, section 

3 249 of such Act is amended by striking ‘‘Janu4 ary 1, 1989’’ each place it appears and insert5 ing ‘‘January 1, 1990’’. 

6 (E) PERIOD BEGINNING JANUARY 1, 

7 2008.—Beginning on January 1, 2008, section 

8 249 of such Act is amended by striking ‘‘Janu9 ary 1, 1990’’ each place it appears and insert10 ing ‘‘January 1, 1991’’.

Æ
#### Paul Armstrong, Respondent, *v.*Henry Heide, Appellant.

(Supreme Court, Appellate Term,

June, 1905.)

Sales — Mutual promises — Pleading — Alleging and. proving performance.

Where the promises between the parties to a purchase and sale of goods are concurrent and mutual, neither party can recover without alleging and proving performance, or tender of performance, on his part.

In an action against the buyer for breach of contract, the plaintiff is not relieved from alleging performance or tender on his part by alleging défendant’s refusal to carry out the agreement, a mere legal conclusion, without alleging the facts constituting the alleged refusal.

Appeal by the defendant from a judgment entered in favor of the plaintiff in the City Court of the city of New York, after a trial before the court and a jury, and also from an order denying the defendant’s motion for a new trial.

Amend & Amend (Alfred J. Amend and John E. Donnelly, of counsel), for appellant.

J. P. Solomon (Simon Sultan, of counsel), for respondent.

*610Scott, J.

It is not necessary to go further than the complaint to see that this judgment cannot stand. The sole allegations are that plaintiff entered into a contract "with .'the defendant which is annexed to the complaint and which provides for the acceptance by the defendant of 100,006 pails at $35 per 1,000, the entire lot to be taken within six months time from first shipment and in quantities of not less than 15,000 pails at any one time; that in accordance with said agreement plaintiff delivered to defendant 10,000 of said pails at the price agreed upon, but that defendant absolutely refused and still refuses to cany out the terms of his agreement to the plaintiff’s damage, $1,000. Upon the very plainest principles of pleading this complaint was insufficient. The promises of the defendant to accept, and the agreement of plaintiff to deliver, were concurrent and mutual and neither party can recover without alleging and proving performance or tender of performance on his own part. Pope v. Terre Haute Car & Mf’g. Co., 107 N. Y. 61. The plaintiff is not relieved from the obligation of alleging performance or tender on his own part, by reason of the allegation of defendant’s refusal to fulfill because he does not show wherein that refusal consisted. It is not alleged that defendant refused to accept 90,000 or any other number of pails, but merely that he refused to fulfill the contract which might have consisted in a refusal to pay for what had been delivered and in any aspect the mere allegation that the defendant “ refuses to carry out the terms of his agreement” is a legal conclusion and not the statement of a fact. Van Schaick v. Winne, 16 Barb. 89.

Dugeo and MacLeax, JJ., concur.

Judgment reversed and new trial granted,, with costs to appellant to abide event.
----

| 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. |
|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                       |   |                                                            |   |
|----------------------------|--------|-----------------------------------------------------------------|--------|
| Date:      August 20, 2008 | By:    | /s/ Michael      McLaren                                   |   |
|                       |   | Michael      McLaren                                            |   |
|                       |   | Principal      Executive Officer and Principal Financial Office |   |
[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Notices]
[Page 4953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1762]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13329-000]


Town of Wiscasset, ME; Notice of Preliminary Permit Application 
Accepted for Filing and Soliciting Comments, Motions To Intervene, and 
Competing Applications

January 21, 2009.
    On November 12, 2008, the Town of Wiscasset, Maine filed an 
application, pursuant to section 4(f) of the Federal Power Act, 
proposing to study the feasibility of the Town of Wiscasset Tidal 
Resources Project to be located on the Sheepscot River in Lincoln 
County, Maine. The project uses no dam or impoundment.
    The proposed project would consist of: (1) 4 to 40 
OCGen(<SUP>TM</SUP>) hydrokinetic turbine generating units, with a 
total installed capacity of 1 to 10 megawatts, (2) a proposed 
underwater transmission cable approximately 6 miles in length, (3) a 
proposed 1,000-foot-long, 480-volt transmission line, and (4) 
appurtenant facilities. The project is estimated to have an annual 
generation of 43.8 gigawatt-hours, which would be sold to a local 
utility.
    Applicant Contact: Mr. Arthur Faucher, Town Manager, Town of 
Wiscasset, 51 Bath Road, Wiscasset, Maine 04578, phone: (207) 882-8200.
    FERC Contact: Kelly T. Houff (202) 502-6393.
    Deadline for filing comments, motions to intervene, competing 
applications (without notices of intent), or notices of intent to file 
competing applications: 60 days from the issuance of this notice. 
Comments, motions to intervene, notices of intent, and competing 
applications may be filed electronically via the Internet. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's Web site 
under the ``e-Filing'' link. If unable to be filed electronically, 
documents may be paper-filed. To paper-file, an original and eight 
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For 
more information on how to submit these types of filings please go to 
the Commission's Web site located at http://www.ferc.gov/filing-comments.asp. More information about this project can be viewed or 
printed on the ``eLibrary'' link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13329) in the docket number field to access the document. For 
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-1762 Filed 1-27-09; 8:45 am]
BILLING CODE 6717-01-P
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# 2017

cattle - continued		

cattle		

cattle - continued		

cattle		

Page &P
EXHIBIT 32.1

CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER

PURSUANT TO RULE 13A-14(b) OF THE EXCHANGE ACT AND 18 U.S.C. SECTION 1350.

In connection with the Annual
Report on Form 10-K of Curis, Inc. (the Company) for the fiscal year ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Daniel R. Passeri,
President and Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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: March 3, 2010



/s/ DANIEL R. PASSERIDaniel R. PasseriPresident and Chief Executive Officer(Principal Executive Officer)
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               JUN-30-1998
<CASH>                                          36,775
<SECURITIES>                                     2,973
<RECEIVABLES>                                    3,470
<ALLOWANCES>                                       415
<INVENTORY>                                        476
<CURRENT-ASSETS>                                46,162
<PP&E>                                          12,375
<DEPRECIATION>                                   7,742
<TOTAL-ASSETS>                                  58,007
<CURRENT-LIABILITIES>                            5,669
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        75,144
<OTHER-SE>                                    (36,322)
<TOTAL-LIABILITY-AND-EQUITY>                    58,007
<SALES>                                         32,896
<TOTAL-REVENUES>                                32,896
<CGS>                                            5,849
<TOTAL-COSTS>                                    5,849
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   138
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  3,668
<INCOME-TAX>                                     1,799
<INCOME-CONTINUING>                              1,659
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,659
<EPS-PRIMARY>                                     0.07
<EPS-DILUTED>                                     0.06
        

</TABLE>
# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _

Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A1 7 D0 43 8 . LANI ER 5 , LLC v . CERTUSBANK, N. A.

Lan i er 5

, LLC (“ Lan i er”) fi l ed t hi s d i s cret i o n ary ap p l i cat i on s eek i n g ap p el l at e

rev i ew o f o rd ers en t ered i n t w o l o wer co u rt cas es , 2 0 1 4 CV1 5 5 9 an d 2 0 1 5CV1 7 6 4.

Th e ap p l i cat i o n i s h ereb y GRANTED. In o rd er t o ap p eal

, Lan i er m u s t fi l e n o t i ces o f

ap p eal i n b o t h cas es wi t h i n 10 d ay s o f t h e d at e of t h i s o rd er. 1 Th e Cl erk o f Su p eri o r

Co u rt i s d i rect ed t o i n cl u d e co p i es o f t h i s o rd er i n t h e reco rd s t ran s m i t t ed t o t h e Co u rt

o f Ap peal s

.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia

C le r k ’ s O f f i c e
, A t la n t a
,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r ti fy t h a t t h e a b o v e is a t r u e e x t r a c t f r o m

t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i tn e s s m y s i g n a t u r e a n d th e s e a l o

f s a i d c o u r t

h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

.

1 See, e. g ., S t ep h en s o n v. Fu t ch

, 2 1 3 Ga. 2 4 7 , 2 4 8 (2 ) (9 8 SE2 d 3 7 4 ) (1 9 5 7 ) (“ [T] h ere i s no au t h o ri t y i n l aw fo r t h e rev i ew of t h e t wo ju d g m e n t s i n a s i n g l e b i l l

o f ex cep ti o n s [.] ”). May 30, 2017

05/30/2017
<PAGE>

                                                                    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 of Matritech, Inc. (the "Company") on
Form 10-Q for the period ending September 30, 2004 as filed with the SEC on the
date hereof (the "Report"), I, Stephen D. Chubb, 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:

      (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.

A signed original of this written statement required by Section 906 has been
provided to Matritech, Inc. and will be retained by Matritech, Inc. and
furnished to the SEC or its staff upon request.

/s/ Stephen D. Chubb
------------------------
Stephen D. Chubb
Chief Executive Officer
November 3, 2004
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<EXCHANGE-RATE>                                      1
<CASH>                                         606,334
<SECURITIES>                                         0
<RECEIVABLES>                                  145,075
<ALLOWANCES>                                    23,473
<INVENTORY>                                          0
<CURRENT-ASSETS>                               771,273
<PP&E>                                       1,399,896
<DEPRECIATION>                                 176,930
<TOTAL-ASSETS>                               3,076,229
<CURRENT-LIABILITIES>                          214,191
<BONDS>                                      2,295,598
<PREFERRED-MANDATORY>                          358,962
<PREFERRED>                                    488,787
<COMMON>                                           482
<OTHER-SE>                                   (270,987)
<TOTAL-LIABILITY-AND-EQUITY>                 3,076,229
<SALES>                                         29,438
<TOTAL-REVENUES>                               192,353
<CGS>                                           19,014
<TOTAL-COSTS>                                  117,727
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                14,538
<INTEREST-EXPENSE>                              53,942
<INCOME-PRETAX>                               (92,796)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (92,796)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (123,443)
<EPS-PRIMARY>                                   (2.62)
<EPS-DILUTED>                                   (2.62)
        

</TABLE>