alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Anthony Mustafan CHISLEY, Plaintiff—Appellant, v. James HOLWAGER, Chief Psychologist; Richard J. Graham, Jr., Assistant Warden; Sherry Haferkamp, Psychologist; Booth, Psychologist; Harr, Social Worker, et al., individually and in their own official capacities, Defendants—Appellees.

No. 10-7184.

United States Court of Appeals, Fourth Circuit.

Submitted: March 16, 2011.

Decided: April 7, 2011.

Anthony Mustafan Chisley, Appellant Pro Se. Rex Schultz Gordon, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellees.

Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Remanded by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Anthony Mustafan Chisley seeks to appeal the district court’s order denying relief on his 42 U.S.C. § 1983 (2006) com-

plaint. In civil actions in which the United States or its officer or agency is not a party, a notice of appeal must be filed with the district court within thirty days after entry of the district court’s final judgment or order. Fed. R.App. P. 4(a)(1)(A). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” *Bowles v. Russell,*551 U.S. 205, 214, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007). The district court may extend the filing time if “a party so moves no later than 30 days after the time prescribed by ... Rule 4(a) expires” and the party shows excusable neglect or good cause. Fed. R.App. P. 4(a)(5)(A)(i)-(ii).

The district court’s order was entered on July 9, 2010. Therefore, Chisley had thirty days, or until August 9, 2010, to file a notice of appeal. On August 20, 2010, Chisley filed a “motion for reconsideration of notice of appeal,” asserting that he had submitted a timely notice of appeal but that the district court had not acknowledged it.* In support, he proffered a carbon copy of the alleged notice of appeal. However, the district court’s docket sheet shows no such entry. We liberally construe Chisle/s motion as a timely request for an extension of the thirty-day period. Because the district court has not ruled on the motion for extension, we remand this case to the district court for the limited purpose of enabling the court to determine whether Chisley has shown excusable neglect or good cause warranting an extension of time to appeal. The record, as supplemented, will then be returned to this court, for further consideration.

*REMANDED.*

*

 We assume the date appearing on the motion for reconsideration is the earliest date it could have been properly delivered to prison officials for mailing to the court. *Houston v. Lack,*487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).
Exhibit 31.2
SECTION 302 CERTIFICATION

I, Steve M. Hanni, certify that:

1. I have reviewed this quarterly report of Emergency Filtration Products,
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 small
business issuer as of, and for, the periods presented in this report;

4. The small business issuer'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 small business
issuer 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 small business issuer,
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 small business issuer'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 small business issuer's
internal control over financial reporting that occurred during the small
business issuer's most recent fiscal quarter (the small business issuer's
fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the small business
issuer's internal control over financial reporting; and

5. The small business issuer's other certifying officer and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer'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 small business issuer'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 small business issuer's internal
control over financial reporting.

Date: May 13, 2005

/s/Steve M. Hanni
Steve M. Hanni, Principal Financial Officer
Exhibit 32.1

Certification of Chief Executive Officer Pursuant to

18 U.S.C. Section 1350, as Adopted
Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

I, Vincent C. Smith, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
the Quarterly Report of Quest Software, Inc. on Form 10-Q for the three months ended June 30, 2008, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in
such Report fairly presents, in all material respects, the financial condition and results of operations of Quest Software, Inc.



|                      |  |  |  |     |  |                         |  |                        
|--------------------- |  |  |  | --- |  | ----------------------- |  | -----------------------
|                      |  |  | 
|Date: August 11, 2008 |  |  |  | By: |  | /s/    Vincent C. Smith
|                      |  |  |  |     |  | Name:                   |  | Vincent C. Smith       
|                      |  |  |  |     |  | Title:                  |  | Chief Executive Officer
**Exhibit 23**

 

CONSENT OF INDEPENDENTREGISTERED PUBLIC ACCOUNTING FIRM

 

We hereby consent to the incorporation by reference to the Company’spreviously filed Registration Statement on Form S-8 of our report dated June 24,2005, relating to the consolidated financial statements of Boston RestaurantAssociates, Inc. appearing in the Company’s Annual Report on Form 10-Kfor the year ended April 24, 2005.

 

 
|                  | /s/ BDO Seidman, LLP |   |
|-----------------------|----------------------|--------|
|                  |                 |
|                  |                 |
| Boston, Massachusetts |                 |
| July 18, 2005    |                 |

 

----
IIB 

111TH CONGRESS 

1ST SESSION H. R. 3157 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 4, 2009 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

To name the Department of Veterans Affairs outpatient clinic in Alexandria, Minnesota, as the ‘‘Max J. Beilke Department of Veterans Affairs Outpatient Clinic’’. 

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


smartinez on DSKB9S0YB1PROD with BILLS
2 

HR 3157 RFS

1 SECTION 1. NAME OF DEPARTMENT OF VETERANS AFFAIRS 

2 OUTPATIENT CLINIC, ALEXANDRIA, MIN3 NESOTA. 

4 The Department of Veterans Affairs outpatient clinic 

5 in Alexandria, Minnesota, expected to open in September 

6 2009, shall after the date of the enactment of this Act 

7 be known and designated as the ‘‘Max J. Beilke Depart8 ment of Veterans Affairs Outpatient Clinic’’. Any ref9 erence to such outpatient clinic in any law, regulation, 

10 map, document, record, or other paper of the United 

11 States shall be considered to be a reference to the Max 

12 J. Beilke Department of Veterans Affairs Outpatient Clin13 ic. 

Passed the House of Representatives November 3, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


smartinez on DSKB9S0YB1PROD with BILLS
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2802 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2802

 To provide for an extension of the legislative authority of the Adams 
   Memorial Foundation to establish a commemorative work in honor of 
  former President John Adams and his legacy, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 2009

 Mr. Delahunt introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To provide for an extension of the legislative authority of the Adams 
   Memorial Foundation to establish a commemorative work in honor of 
  former President John Adams and his legacy, and for other purposes.

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

SECTION 1. EXTENSION OF LEGISLATIVE AUTHORITY FOR MEMORIAL 
              ESTABLISHMENT.

    (a) Legislative Authority.--Section 1 of Public Law 107-62 is 
amended by adding after subsection (e) the following new subsection:
    ``(f) Expiration of Legislative Authority.--Notwithstanding section 
8903(e) of title 40, United States Code, the legislative authority of 
the Adams Memorial Foundation to establish a commemorative work on 
Federal land in the District of Columbia and its environs in honor of 
former President John Adams and his family's legacy shall expire on 
December 2, 2016.''.
    (b) Technical Amendments.--Public Law 107-62 is amended--
            (1) in section 1(c), by striking ``(40 U.S.C. 1001, et 
        seq.)'' and inserting ``(40 U.S.C. 8901, et seq.)'';
            (2) in section 1(e), by striking ``(40 U.S.C. 1001, et 
        seq.)'' and inserting ``(40 U.S.C. 8901, et seq.)''; and
            (3) in section 2, by striking ``(40 U.S.C. 1002)'' and 
        inserting ``(40 U.S.C. 8902(a))''.
                                 <all>
```
<PAGE>
                                                                    Exhibit 99.3


                          NOMINATIONS COMMITTEE CHARTER
                                       OF
                           CONSOLIDATED WATER CO. LTD.


I.       COMPOSITION AND QUALIFICATIONS

The Nominations Committee (the "Committee") of the Board of Directors (the
"Board") of Consolidated Water Co. Ltd. (the "Company") shall be comprised of
not less than three members of the Board, each of whom is determined by the
Board to be independent in accordance with the rules of the Nasdaq Stock Market,
Inc. ("Nasdaq"). However, one (1) member of the Board may serve as a member of
the Committee for a period of no longer than two (2) years who does not qualify
as "independent" under Nasdaq Rule 4200 if the Board determines that such
person's membership on the Committee is required in the best interests of the
Company and its stockholders.

II.      APPOINTMENT AND REMOVAL

The members of the Committee shall be appointed by the Board and shall serve
until such member's successor is duly elected and qualified or until such
member's earlier resignation or removal. A member of the Committee may be
removed, with or without cause, by a majority vote of the Board.

III.     DUTIES AND RESPONSIBILITIES

The duties of the Committee are as follows:

1.       Make recommendations regarding the size as governed by the companies
         Articles of Association and the composition of the Board be not than
         less than one or more than fifteen members.

2.       Establish and recommend to the Board criteria for the selection of new
         directors to serve on the Board.

3.       Identify individuals qualified to become Board members and conduct a
         review of any candidates recommended or submitted by shareholders,
         consistent with criteria approved by the Board.

4.       Make recommendations to the Board regarding all nominations for Board
         membership, whether for the slate of director nominee to be proposed by
         the Board to the shareholders or any director nominees to be elected by
         the Board to fill interim director vacancies.

5.       Report regularly to the Board.

6.       The Committee shall review and reassess periodically the adequacy of
         this Charter and recommend to the Board any changes to this Charter
         that the Committee considers necessary. The Committee shall conduct
         such reviews in the manner it deems appropriate.




<PAGE>
                                     Page 2



IV.      MEETINGS

The Committee shall meet a minimum of two times per year and more frequently as
circumstances require.

V.       ADVISORS

The Committee shall have the exclusive authority, at the expense of the Company,
to retain any search firms to be used to identify director candidates (including
authority to approve fees and other terms of engagement) and such outside
counsel and other advisors, as it seems appropriate in its sole discretion.
United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

September 12, 2014

Before

FRANK H. EASTERBROOK, Circuit Judge

DIANE S. SYKES, Circuit Judge

JOHN DANIEL TINDER, Circuit Judge

Nos. 14-2058 and 14-2059

RUTHELLE FRANK, et al.,

Plaintiffs-Appellees,

v.

SCOTT WALKER, in his official capacity as

Governor of State of Wisconsin, et al.,

Defendants-Appellants.

Appeals from the United 

States District Court for 

the Eastern District of 

Wisconsin.

Nos. 11-CV-01128 and 

12-CV-00185

Lynn Adelman, Judge.

LEAGUE OF UNITED LATIN AMERICAN CITIZENS

OF WISCONSIN, et al.,

Plaintiffs-Appellees,

v.

DAVID G. DEININGER, et al.,

Defendants-Appellants.
Nos. 14-2058 and 14-2059 Page 2

Order

On August 21, 2014, this court issued an order providing that the motion 

for a stay would be considered by the panel assigned to decide the case on the 

merits. This order further provided that the state was free, in the interim, to 

implement the changes to the procedures for obtaining (or excusing reliance on) 

birth certificates, and similar documents, that the Supreme Court of Wisconsin 

adopted in Milwaukee Branch of NAACP v. Walker, 2014 WI 98 (July 31, 2014).

Having read the briefs and heard oral argument, this court now stays the 

injunction issued by the district court. The State of Wisconsin may, if it wishes 

(and if it is appropriate under rules of state law), enforce the photo ID 

requirement in this November’s elections.

The district court held the state law invalid, and enjoined its 

implementation, even though it is materially identical to Indiana’s photo ID 

statute, which the Supreme Court held valid in Crawford v. Marion County Election 

Board, 553 U.S. 181 (2008). It did this based on findings that it thought showed 

that Wisconsin did not need this law to promote an important governmental 

interest, and that persons of lower income (disproportionately minorities) are 

less likely to have driver’s licenses, other acceptable photo ID, or the birth 

certificates needed to obtain them, which led the court to hold that the statute 

violates §2 of the Voting Rights Act, 42 U.S.C. §1973.

After the district court’s decision, the Supreme Court of Wisconsin revised 

the procedures to make it easier for persons who have difficulty affording any 

fees to obtain the birth certificates or other documentation needed under the law, 

or to have the need for documentation waived. Milwaukee Branch of NAACP v. 

Walker, 2014 WI 98 (July 31, 2014). This reduces the likelihood of irreparable 

injury, and it also changes the balance of equities and thus the propriety of 

federal injunctive relief. The panel has concluded that the state’s probability of 

success on the merits of this appeal is sufficiently great that the state should be 

allowed to implement its law, pending further order of this court.

The appeals remain under advisement, and an opinion on the merits will 

issue in due course.
Exhibit 32.1

STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350

The undersigned, Charles M. Sprock, is the President and Chief Executive Officer of Rome Bancorp, Inc. (the Company). This statement is being furnished in connection with the filing by the
Company of the Companys Annual Report on Form 10-Q/A for the quarter ended June 30, 2006 (the Report).

By execution of this statement, I certify that:

| | A) | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) and                                                             
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|
| | B) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates and for the periods covered by the
Report.

This statement is authorized to be attached as an exhibit to the Report so that this statement will accompany the Report at such time as the Report is filed with the Securities and Exchange
Commission, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350. It is not intended that this statement be deemed to be filed for purposes of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its
staff upon request.



|Date: | March 29, 2007 |  | /s/ Charles M. Sprock                 | 
|----- | -------------- |  | ------------------------------------- | 
|      |                |  | Charles M. Sprock                     | 
|      |                |  | President and Chief Executive Officer | 

---
C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Terrence Brent McNeil v. The State of Texas

Appellate case number: 01

- 13

- 00234

- CR

Trial court case number: 1362563

Trial court: 338th District Court of Harris County

Appellant, Terrence Brent McNeil, has filed a pro se “Emergency Motion to Dismiss Appeal.” In the motion, McNeil states that the public defender’s office has a policy requiring counsel to visit an appellate client at least once during his or her case, but his appointed counsel has not visited him in prison and has “refused extension to file brief upon Appellants request.” Appellant then moves that the Court “grant this Emergency Motion to Dismiss Appeal.”

By filing a motion to dismiss his appeal, McNeil is effectively seeking to waive his right to appeal. McNeil has the right to waive his right to appeal. See T EX

. C ODE
C RIM

. P ROC . art. 1.14 (West 2005); Ex parte Broad way , 301 S.W.3d 694, 697 (Tex. Crim. App. 2009). Any such waiver, however, must be made voluntarily, knowingly, and intelligently. See Broadway , 301 S.W.3d at 697; Ex parte Tabor , 565 S.W.2d 945, 946 (Tex. Crim. App. 1978).

Based on the content of his mo tion, it appears that McNeil is unhappy with his appointed counsel. McNeil does not, however, state that he no longer wishes to pursue his appeal, provide any reason why he wants to dismiss his appeal, or provide any other

basis to show that he is volunta rily, knowingly, and intelligently seeking to waive his right to appeal. As a result, it does not appear that McNeil is voluntarily, knowingly, and intelligently seeking to waive his right to appeal. Accordingly, we DENY the motion.

It is so ORDERED.

Ju dge’s signature : /s/ Chief Justice Sherry Radack

 Acting individually  Acting for the Court

Date: January 28, 2014
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 accompanying Annual Report on Form 10-K/A (Amendment
No. 2)(the "Report") of AMCON Distributing Company (the "Company") for the
fiscal year ended September 24, 2004, I, William F. Wright, Chairman and
Principal Executive Officer of the Company, hereby certify pursuant to 18
U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, to 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; 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: November 28, 2005      /s/ William F. Wright
                             ------------------------------
                             Title: Chairman and Principal
                             Executive Officer



A signed original of this written statement required by Section 906 has been
provided to AMCON Distributing Company and will be retained by AMCON
Distributing Company and furnished to the Securities and Exchange Commission
or its staff upon request.
<PAGE>

                         Cobitz, Vandenberg & Fennessy


                         CERTIFIED PUBLIC ACCOUNTANTS
                      9944 SOUTH ROBERTS ROAD - SUITE 202
                          PALOS HILLS, ILLINOIS 60465

                       (708) 430-4106 - Fax (708) 430-4499




                                  EXHIBIT 24
                                  ----------

                        CONSENT OF INDEPENDENT AUDITORS
                        -------------------------------


     We consent to the incorporation by reference in this Annual Report (Form
10-K) of West Town Bancorp, Inc. of our report dated April 27, 2001, included in
the 2001 Annual Report to Stockholders of West Town Bancorp, Inc.


                                                /s/ Cobitz,Vandenberg & Fennessy
                                                Cobitz, VandenBerg & Fennessy

June 8, 2001
Palos Hills, Illinois