alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### EFCO Corporation, Respondent, v Helena Associates LLC, Appellant, et al., Defendants.

Submitted December 31, 2007;

decided February 19, 2008

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23
- 6788

JURONE HAMMOND , Petitioner

- Appellant ,

v. JOHN S. WOLFE, Warden , Respondent

- Appellee

.

Appeal from the United States District Court for the District of Maryland , at Baltimore

. Richard D. Bennett , Senior District Judge. ( 1:17

- cv - 03721

- RDB )

Submitted : July 29, 2024 Decided: August 12, 2024

Before NIEMEYER and HARRIS , Circuit Judges , and KEENAN, Senior Circuit Judge

.
Dismissed by un published per curiam opinion

. Jurone Hammond, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6788 Doc: 10 Filed: 08/12/2024 Pg: 1 of 22 PER CURIAM: Jurone Hammond seeks to appeal the district court’s order dismissing as untimely
his amended 28 U.S.C. § 2254 petition. ∗ See Gonzalez v. Thaler , 565 U.S. 134, 148 & n.9 (2012) (explaining that § 2254 petition s are subject to one

- year statute of limitations, running from latest of four commencement dates enumerated in 28 U.S.C. § 2244(d)(1)). The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A). 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). When , as he re, the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable and that the petition states a debatable claim of the denial of a constitutional right. Gonzalez , 565
U.S. at 140

- 41 (citing Slack v. McDaniel , 529 U.S. 473, 484 (2000))

. We have independently reviewed the record and conclude that Hammond has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We deny Hammond’s motion to appoint counsel. 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

∗ We previously remanded Hammond’s appeal of the denial of his § 2254 petition with instructions for the district court to consider Hammond’s claim that trial counsel provided ineffective assistance by abandoning him at trial and conceding Hammond’s guilt w ithout his consent. Hammond v. Wolfe , 2022 WL 4182770 (4th Cir. 2022) (No. 21

- 6277). USCA4 Appeal: 23-6788 Doc: 10 Filed: 08/12/2024 Pg: 2 of 2
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-50193

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FELIPE GOMEZ-SALINAS,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-96-CR-271-3

- - - - - - - - - -

August 20, 1998

Before KING, HIGGINBOTHAM, and JONES, Circuit Judges. 

PER CURIAM:*

Felipe Gomez-Salinas seeks to appeal his sentence of 120

months after pleading guilty to conspiracy to possess with intent

to distribute marijuana. Gomez-Salinas waived his right to

appeal his sentence in his plea agreement. See United States v.

Melancon, 972 F.2d 566, 568 (5th Cir. 1992). His appeal is

DISMISSED AS FRIVOLOUS. See 5TH CIR. R. 42.2.
Exhibit 32.2

Certification of Acting Principal Financial Officer

Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)

In connection with the Annual Report on Form 10-K for the year ended December 31, 2016 (the “Report”) of TriplePoint Venture Growth BDC Corp. (the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I, Sajal K. Srivastava, acting as the Principal Financial and Accounting Officer of the Registrant for the purposes of the filing of the Report, hereby certify, to the best of my knowledge, that:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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/ Sajal K. Srivastava  |
|--------|-------------------------------|
| Name:  | Sajal K. Srivastava           |
| Date:  | March 13, 2017           |
CONSENT OF INDEPENDENT ACCOUNTANTS

       We consent to the incorporation by reference in the Registration
Statement Number 33-66826 (dated August 2, 1993 on Form S-8), Number 33-78546
(dated May 2, 1994 on Form S-8), Number 33-71416 (Post-Effective Amendment No. 3
to Form S-1 on Form S-3 dated May 16, 1995), Number 33-95432 (dated August 4,
1995 on Form S-8), Number 333-1748 (dated March 28, 1996 on Form S-3), Number
333-19471 (dated January 9, 1997 on Form S-3), File No. 333-33321 (dated August
8, 1997 on Form S-3), File No. 333-47077 (dated February 27, 1998 on Form S-3)
and File No. 333-57249 (Dated June 19, 1998 on Form S-8), of DynaGen, Inc., of
our report dated February 12, 1999, except for Note 13 as to which the date is
March 29, 1999, which included an explanatory paragraph about the Company's
ability to continue as a going concern, appearing in this Annual Report on Form
10-KSB of DynaGen, Inc. for the year ended December 31, 1998.



Boston, Massachusetts                             /s/ Wolf & Company, P.C.
March 29, 1999
EXHIBIT 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. § 1350

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Axtive Corporation, (the Company) on Form 10-QSB for the three months
ended September 30, 2004, as filed with the Securities and Exchange Commission (the Report), the undersigned, in the capacities and on the dates indicated below, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
§ 906 of the Sarbanes-Oxley Act of 2002, I, that:



| | (1) | the Report fully complies with the 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 Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                  |  |                        
|----------------------------------------------------------------- |  | -----------------------
|/s/ Graham C. Beachum II                                          |  | Date: November 15, 2004
|Graham C. Beachum II                                              |  |                        
|Chairman of the Board and Chief Executive Officer                 |  |                        
|                                                                  | 
|/s/ Stephen P. Slay                                               |  | Date: November 15, 2004
|Stephen P. Slay                                                   |  |                        
|Corporate Controller (principal financial and accounting officer) |  |
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   6-MOS                   6-MOS
<FISCAL-YEAR-END>                          JUL-31-1999             JUL-31-1999
<PERIOD-START>                             NOV-01-1998             AUG-01-1998
<PERIOD-END>                               JAN-31-1999             JAN-31-1999
<CASH>                                           1,476                   1,476
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   29,922                  29,922
<ALLOWANCES>                                   (1,070)                 (1,070)
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                37,732                  37,732
<PP&E>                                          22,591                  22,591
<DEPRECIATION>                                (12,882)                (12,882)
<TOTAL-ASSETS>                                 137,580                 137,580
<CURRENT-LIABILITIES>                           20,864                  20,864
<BONDS>                                         49,382                  49,382
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           101                     101
<OTHER-SE>                                      67,233                  67,233
<TOTAL-LIABILITY-AND-EQUITY>                   137,580                 137,580
<SALES>                                         58,124                 117,567
<TOTAL-REVENUES>                                58,124                 117,567
<CGS>                                                0                       0
<TOTAL-COSTS>                                   60,643                 117,887
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                   406                     630
<INTEREST-EXPENSE>                               1,332                   2,275
<INCOME-PRETAX>                                (3,851)                 (2,595)
<INCOME-TAX>                                   (1,107)                    (28)
<INCOME-CONTINUING>                            (2,744)                 (2,567)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   (2,744)                 (2,567)
<EPS-BASIC>                                     (0.27)                  (0.25)
<EPS-DILUTED>                                   (0.27)                  (0.25)


</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

HENRIETTA LEANA NICOL,

Petitioner,

v.

No. 96-1810

U.S. IMMIGRATION&

NATURALIZATION SERVICE,

Respondent.

On Petition for Review of an Order

of the Board of Immigration Appeals.

(A71-795-237)

Submitted: March 31, 1997

Decided: April 25, 1997

Before HALL and WILLIAMS, Circuit Judges,

and PHILLIPS, Senior Circuit Judge.

_________________________________________________________________

Petition denied by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Randall L. Johnson, Arlington, Virginia, for Petitioner. Frank W.

Hunger, Assistant Attorney General, David V. Bernal, Senior Litigation Counsel, Jane R. Gomez, Office of Immigration Litigation,

UNITED STATES DEPARTMENT OF JUSTICE, Washington,

D.C., for Respondent.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Henrietta Leana Nicol petitions for review of a final order of the

Board of Immigration Appeals denying her application for asylum

and withholding of deportation. We deny the petition.

Nicol challenges the Immigration Judge's finding that she was not

credible based upon inconsistencies between her testimony and the

information she supplied in two applications for asylum. An

Immigration Judge's credibility determination is to be granted substantial

deference and is reviewed under a substantial evidence standard. See

Figeroa v. INS, 886 F.2d 76, 78 (4th Cir. 1989) (stating that

Immigration Judge who rejects a witness' positive testimony based on a

lack

of credibility should offer specific reasons for disbelief). In

Nicol's

case, the Immigration Judge offered several concrete examples of

contradictions noted between Nicol's testimony and her asylum

applications which led to his conclusion that her testimony was not

credible. Nicol concedes these inconsistencies, but argues that she

explained them and that the Immigration Judge's determination that

she was not credible on the basis of these inconsistencies was a

"misinterpretation of the facts and law." In support of this argument,

Nicol

cites to two Ninth Circuit cases: Platero-Cortez v. INS, 804 F.2d

1127

(9th Cir. 1986), and Damaize-Job v. INS, 787 F.2d 1332 (9th Cir.

1986). We find these cases to be distinguishable from Nicol's

factual

situation, and therefore unconvincing. Accordingly, we find no

reason

to reverse either the Immigration Judge's finding that Nicol was

not

credible or his subsequent denial of her request for asylum on that

basis. We therefore deny Nicol's petition. 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.
PETITION DENIED

2
PRICE WATERHOUSE


CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 33-88426)pertaining to the 1994 Stock Option Plan of GTECH
Holdings Corporation of our report dated March 21, 1997, with respect to the
consolidated financial statements of Camelot Group plc as of February 1, 1997
and February 3, 1996 and for the years ended February 1, 1997 and February 3,
1996 and for the period from April 1, 1994 through February 4, 1995, which
report is included in this Annual Report on Form 10-K for the fiscal year ended
February 22, 1997.


London, England
May 20, 1997                                      s/Price Waterhouse
                                                  _____________________
                                                    Price Waterhouse
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.                  

###### Federal Election Commission

# FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT:

82 FR 42682.

# PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING:

Thursday, September 14, 2017 AT 11:15 a.m.

# CHANGES IN THE MEETING:

The meeting took place at 1:15 p.m.

The Following Item Was Also Discussed: REG 2011-02 (Internet Communication Disclaimers).

      ( print page 43966)    

# CONTACT PERSON FOR MORE INFORMATION:

Judith Ingram, Press Officer, Telephone: (202) 694-1220.

Dayna C. Brown,

Secretary and Clerk of the Commission.

[FR Doc. 2017-20098 Filed 9-18-17; 11:15 am]

BILLING CODE 6715-01-P
Exhibit 23.1

INDEPENDENT AUDITORS CONSENT

To the Board of Directors

and Stockholders

HQ Sustainable Maritime Industries, Inc.

and Subsidiaries

Seattle, WA

We consent to the use in this Annual Report of HQ Sustainable Maritime Industries, Inc. and Subsidiaries of our report dated March 27, 2008 on the
consolidated balance sheets of HQ Sustainable Maritime Industries, Inc. and Subsidiaries as of December 31, 2007 and 2006 and the consolidated statements of income and comprehensive income, changes in stockholders equity, and cash flows
for the years then ended.



|                       
|-----------------------
|/s/ Rotenberg & Co. LLP
|                       
|Rotenberg & Co., LLP   
|Rochester, New York    
|March 28, 2008
II 

Calendar No. 401 

112TH CONGRESS 

2D SESSION H. R. 2415 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2011 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

MAY 16, 2012 

Reported by Mr. LIEBERMAN, without amendment 

AN ACT 

To designate the facility of the United States Postal Service 

located at 11 Dock Street in Pittston, Pennsylvania, 

as the ‘‘Trooper Joshua D. Miller Post Office Building’’. 

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

3 SECTION 1. TROOPER JOSHUA D. MILLER POST OFFICE 

4 BUILDING. 

5 (a) DESIGNATION.—The facility of the United States 

6 Postal Service located at 11 Dock Street in Pittston, 

7 Pennsylvania, shall be known and designated as the 

8 ‘‘Trooper Joshua D. Miller Post Office Building’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 2415 RS

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to the facility referred to in subsection (a) shall 

4 be deemed to be a reference to the ‘‘Trooper Joshua D. 

5 Miller Post Office Building’’. 


rfrederick on DSK6VPTVN1PROD with BILLS

rfrederick on DSK6VPTVN1PROD with BILLS
Calendar No. 401 

112TH CONGRESS 

2D SESSION H. R. 2415 

AN ACT 

To designate the facility of the United States PostPost Office Building’’. Pennsylvania, as the ‘‘Trooper Joshua D. Miller al Service located at 11 Dock Street in Pittston, 

MAY 16, 2012 

Reported without amendment 


rfrederick on DSK6VPTVN1PROD with BILLS
<PAGE>

                                                                    EXHIBIT 11.1

WESTERN GAS RESOURCES, INC.
COMPUTATION OF PER SHARE EARNINGS
DECEMBER 31, 1999
<TABLE>
<CAPTION>



<S>                                                                    <C>            <C>
                                                                       Weighted
                                                                        Average
                                                                       Shares Of                         Earnings
                                                                        Common                           Per Share
                                                                         Stock            Net            Of Common
                                                                       Outstanding       Income            Stock
                                                                      -------------   ------------      -----------

Net income...........................................................                 $(17,124,000)

Weighted average shares of common stock outstanding..................    32,150,769

Less preferred stock dividends:
 $2.28 cumulative preferred stock....................................                   (3,194,000)
 $2.625 cumulative convertible preferred stock.......................                   (7,245,000)
                                                                       ------------   ------------

                                                                         32,150,769   $(27,563,000)
                                                                       ============   ============

Basic earnings per share of common stock.............................                                   $      (.86)
                                                                                                        ===========

(Assume no conversion of anti-dilutive convertible preferred stock)

Assume exercise of common stock equivalents:
 Weighted average shares of common stock outstanding.................    32,150,769

 (Anti-dilutive common stock equivalents are not used
 in this calculation)

                                                                         32,150,769   $(27,563,000)
                                                                         ==========   ============

Fully diluted earnings per share of common stock.....................                                   $      (.86)
                                                                                                        ===========
</TABLE>
#### Paul E. WELCH, Appellant, v. Mat MANNING, Correctional Officer; Brian Neitzel, Correctional Officer; Andrea Wright, Grievance Officer; Charlie Higgins, Warden; Lt. Keller, Appellees.

No. 063869.

United States Court of Appeals, Eighth Circuit.

Submitted: June 26, 2008.

Filed: June 30, 2008.

Paul E. Welch, Clarinda, IA pro se.

Kristin Wright Ensign, Attorney General’s Office Hoover Building, Des Moines, IA, for Appellees.

Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

PER CURIAM.

Iowa inmate Paul Welch appeals the district court’s1 dismissal of his 42 U.S.C. § 1983 action following an evidentiary hearing. Having carefully reviewed the record and considered Welch’s arguments, we find no basis for reversal. *See Choate v. Lockhart,*7 F.3d 1370, 1373 & n. 1 (8th Cir.1993) (standard of review). Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The Honorable Ronald E. Longstaff, United States District Judge for the Southern District of Iowa, adopting the report and recommendations of the Honorable Ross A. Walters, United States Magistrate Judge for the Southern District of Iowa.
Exhibit 32.1 CERTIFICATION OF CHIEF
EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. ss. 1350, AS ADOPTED PURSUANT TO SECTION 906 OF
THE SARBANES-OXLEY ACT OF 2002 In
connection with the Quarterly Report of Schick Technologies, Inc. (the Company) on Form
10-Q for the period ended September 30, 2005, as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Jeffrey T. Slovin, Chief Executive
Officer of the Company, certify, pursuant to 18 U.S.C. ss. 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.   /S/ Jeffrey T. Slovin

Jeffrey T. Slovin
Chief Executive Officer
Schick Technologies, Inc.
November 9, 2005  17