alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                      EXHIBIT 32

         CERTIFICATE OF THE CHIEF EXECUTIVE AND CHIEF FINANCIAL OFFICER
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the quarterly report of Transition Auto Finance III
(the "Company") on Form 10-QSB for the quarter ended September 30, 2004, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Kenneth C. Lowe, the Chief Executive and Chief Financial 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 this Report fairly presents, in all
material respects, the financial conditions and results of operations of the
Company.

Date: November 6, 2004              /s/ Kenneth C. Lowe
                                       -------------------
                                       Kenneth C. Lowe

                                   Chief Executive and Chief Financial Officer
#### Ahmed Mohammed AJAJ, Appellant, v. COMMUNICATIONS DATA SERVICES, INC.; United States of America; Malcolm Netburn; Michael Atwood; Karla Butler; Harley Lappin; Federal Bureau of Prisons; John Doe, # 1; John Doe, # 2; John Doe, # 3; John Doe, # 4, Appellees.

No. 11-1090.

United States Court of Appeals, Eighth Circuit.

Submitted: Aug. 3, 2011.

Filed: Aug. 8, 2011.

Ahmed Mohammed Ajaj, Marion, IL, pro se.

Matthew Roger Eslick, Michael William Thrall, Nyemaster & Goode, Gary L. Hayward, Assistant U.S. Attorney, U.S. Attorney’s Office, Des Moines, IA, for Appel-lees.

Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.

PER CURIAM.

Ahmed Ajaj appeals the district court’s1 order dismissing his civil rights action, in part without prejudice. Having carefully reviewed the record, we conclude that dismissal was proper for the reasons the district court stated. *See*8th Cir. R. 47B. We further conclude that the district court did not abuse its discretion in declining to appoint Ajaj counsel. *See Davis v. Scott,*94 F.3d 444, 447 (8th Cir.1996). Accordingly, we affirm the judgment and deny as moot Ajaj’s pending motions.

1

. The Honorable Ronald E. Longstaff, United States District Judge for the Southern District of Iowa.
#### Omar LOPEZ-CASTILLO, Petitioner-Appellant, v. Pat GLEBE, Respondent-Appellee.

No. 10-35441.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted March 10, 2011.

Filed March 16, 2011.

Scott J. Engelhard, Law Office of Scott J. Engelhard, Seattle, WA, for Petitioner-Appellant.

Gregory Joseph Rosen, Assistant Attorney General, AGWA-Office of the Washington Attorney General, Olympia, WA, for Respondent-Appellee.

Before: FISHER, GOULD, and TALLMAN, Circuit Judges.

MEMORANDUM *

Omar Lopez-Castillo appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition for a writ of habeas corpus as untimely. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

We reject Lopez-Castillo’s argument that the burden was on Respondent to show that Lopez-Castillo was not entitled to equitable tolling. Rather, Lopez-Castillo had the burden to establish two elements: (1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way. *Holland v. Florida,*560 U.S. -, 130 S.Ct. 2549, 2562, 177 L.Ed.2d 130 (2010); *Mendoza v. Carey,*449 F.3d 1065, 1068 (9th Cir.2006).

It was not an abuse of discretion for the district court to deny an evidentiary hearing on the issue of Lopez-Castillo’s entitlement to equitable tolling, and the district court properly dismissed the petition as untimely under 28 U.S.C. § 2244(d). Lopez-Castillo did not adequately allege that he acted with the requisite diligence in pursuing his rights, nor did he offer to *568bring forward sufficient evidence of diligence in response to the magistrate judge’s specific inquiry about what evidence he would present if granted a hearing. *See Bills v. Clark,*628 F.3d 1092, 1100-01 (9th Cir.2010); *Mendoza,*449 F.3d at 1069-71 & n. 6.

AFFIRMED.

*

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
[No. 67340-8-I.

Division One.

October 29, 2012.]

#### The State of Washington, *Respondent,*v. W.R., Jr., *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 11-8-00082-8, Gregory R Canova, J., entered June *29,2011.Affirmed*by unpublished per curiam opinion.
#### CITY OF BRIDGEPORT *v.*ALI LIAQUAT ET AL.

(AC 32931)

Gruendel, Bear and Dupont, Js.

Argued October 26

officially released November 15, 2011

Per Curiam.

The judgment is affirmed.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-10114 Conference Calendar

HAROLD CURTIS BIDDIE, ET AL., Plaintiffs, HAROLD CURTIS BIDDIE; MALCOLM LOUIS JACKSON, Plaintiffs-Appellants,

versus LEE A. SPEARS; BRENDA R. WILKINSON; ALL DEFENDANTS, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 7-97-CV-241-X

- - - - - - - - - - April 19, 1999 Before JONES, SMITH, and DUHÉ, Circuit Judges.
PER CURIAM: * Harold Curtis Biddie, Texas inmate # 488840, challenges the dismissal without prejudice of his civil rights complaint filed pursuant to 42 U.S.C. § 1983 for want of prosecution under Fed. R. Civ. P. 41(b). As requested, Malcolm Louis Jackson, Texas inmate # 655798, is not a party to this appeal, and his motion to join the appeal is DENIED as moot.No. 98-10114 -2- Biddie’s appeal of the dismissal of his suit for want of prosecution is frivolous. See Fed. R. Civ. P. 41(b); McCullough v. Lynaugh , 835 F.2d 1126, 1127 (5th Cir. 1988). Therefore, his appeal is DISMISSED. See 5th Cir. R. 42.2. His motion for appointment of counsel is DENIED. District courts have barred Biddie from proceeding in forma pauperis in accordance with 28 U.S.C. § 1915(g) unless he is under imminent danger of serious physical injury. It is not clear, however, that he was barred before he filed the instant appeal. He is now barred unquestionably. See § 1915(g); Adepegba v. Hammons , 103 F.3d 383, 388 (5th Cir. 1996); Biddie v. Meade , No. H-97-2726 (S.D. Tex. Oct. 20, 1997); Biddie v. Negbenebor , No. H-97-2375 (S.D. Tex. Nov. 20, 1997); see also Biddie v. Polk , No. 1:96 cv695 (E.D. Tex. Nov. 30, 1998); Biddie v. Gillard , No. H-97-2119 (S.D. Tex. June 9, 1998); Biddie v. Dale , No. H-97-2728 (S.D. Tex. June 16, 1998). MOTIONS DENIED; APPEAL DISMISSED; APPELLANT BARRED. See 28 U.S.C. § 1915(g).
Exhibit 31.2

                                  CERTIFICATION

I, John J. McGovern, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Poseidis, Inc.;

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 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 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 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  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 officers 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 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:  October 2, 2006
                                              /s/ John J. McGovern
                                              -------------------------------
                                              John J. McGovern
                                              Executive Vice President and
                                              Chief Financial Officer
<PAGE>

                                                                    Exhibit 31.2

I, Steven Careaga, principal financial officer for the Company, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Reality Wireless
Networks, Inc.;

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 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-14 and 15d-14) for the registrant and have:

         a) designed such disclosure controls and procedures 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 as of a date within 90 days prior to the filing date of this
quarterly report (the "Evaluation Date"); and

         c) presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures based on our evaluation
as of the Evaluation Date;

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation, 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
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified for the
registrant'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 registrant's internal
controls; and

6. The registrant's other certifying officer and I have indicated in this
quarterly report whether there were significant changes in internal controls or
in other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Dated:  February 20, 2004
                             By: Steve Careaga
                             Its:  Chief Executive Officer, Principal Financial
                             Officer/Acting Chief Financial Officer, Director
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 Great Western Bancorporation, Inc. (Great Western) on Form 10-Q for the nine month period ended March 31, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Deryl F. Hamann, Chief Executive Officer of Great Western, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



| | (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 Great Western.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------



|                           
|---------------------------
|/s/ Deryl F. Hamann        
|Deryl F. Hamann, Chairman  
|and Chief Executive Officer
CERTIFICATIONS OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT

Exhibit 32

                           CERTIFICATIONS PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

In connection with the Quarterly Report of RG America, Inc., a Nevada
corporation (the "Company"), on Form 10-QSB for the period ended June 30, 2005,
as filed with the Securities and Exchange Commission (the "Report"), John E.
Rea, Principal Executive Officer of the Company, does hereby certify, pursuant
to ss. 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. ss. 1350), that to his
knowledge:

(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/ John E. Rea
----------------------------
John E. Rea
Principal Executive Officer
August 24, 2005


                           CERTIFICATIONS PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

In connection with the Quarterly Report of RG America, Inc., a Nevada
corporation (the "Company"), on Form 10-QSB for the period ended June 30, 2005,
as filed with the Securities and Exchange Commission (the "Report"), Bruce A.
Hall, Principal Financial Officer of the Company, does hereby certify, pursuant
to ss. 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. ss. 1350), that to his
knowledge:

(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/ Bruce A. Hall
----------------------------
Bruce A. Hall
Principal Financial Officer
August 24, 2005

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



Exhibit 32.2 CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 I, James R. Tolonen, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Amendment No. 1 to the Annual Report of Business Objects S.A. on Form 10-K
for the annual period ended December 31, 2003 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 Annual Report fairly presents
in all material respects the financial condition and results of operations
of Business Objects S.A. Date:  April 29, 2004
    By:
    /s/ James R. TolonenJames R. TolonenChief Financial Officer and Senior Group Vice President
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 Greystone Logistics, Inc. (the
"Company"), on Form 10-QSB for the period ending February 28, 2007, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Warren F. Kruger, 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.


May 21, 2007                           /s/   Warren F. Kruger
                                       -----------------------------------------
                                       Warren F. Kruger, Chief Executive Officer



     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.

     The foregoing certification is being furnished to the Securities and
Exchange Commission as an exhibit to the Report and shall not be considered
filed as part of the Report.
EYE CATCHING MARKETING CORP.
                              A Nevada Corporation
Exhibit 99.3

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


In connection  with the Quarterly  Report of Eye Catching  Marketing  Corp. (the
"Company") on Form 10-QSB for the quarter ended March 31, 2003 as filed with the
Securities  and Exchange  Commission  (the  "Report"),  we,  Robert  Hemmerling,
President,  Chief  Executive  Officer,  and Devinder  Randhawa,  Chief Financial
Officer,  certify,  pursuant to 18 U.S.C.  ss.ss.  1350, as adopted  pursuant to
ss.ss. 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.




Dated May 13, 2003                     /s/Robert Hemmerling
                                       -------------------------------------
                                       Robert Hemmerling,
                                       President and Chief Executive Officer


                                       /s/Devinder Randhawa
                                       -------------------------------------
                                       Devinder Randhawa,
                                       Chief Financial Officer
#### In the Matter of Jemrock Realty Co., Appellant, v New York State Division of Housing and Community Renewal, Respondent.

[666 NYS2d 134]

—Order, Supreme Court, New York County (Barry Cozier, J.), entered October 1, 1996, which denied petitioner landlord’s application pursuant to CPLR article 78 to annul respondent’s determination establishing the fair market initial stabilized rent for the subject apartment, and directed a refund to the tenant for past overpayment, unanimously affirmed, without costs.

Petitioner’s claim that it was denied due process by respondent’s failure to give it notice and opportunity to submit comparability data under amendments to the Rent Stabilization Law and Code that potentially increased the number of apartments that petitioner could have used in respondent’s comparability study of the subject apartment was not made at the administrative level and therefore may not be considered for the first time upon judicial review *(see, Matter of Parcel 242 Realty v New York State Div. of Hous. & Community Renewal,*215 AD2d 132, 134, *lv denied*86 NY2d 706). In any event, the claim lacks merit, there being no requirement that respondent have notified petitioner of such amendments. Moreover, since the tenant’s rent overcharge complaint, later converted to a fair market rent appeal, was filed in November 1983, respondent’s order determining the initial legal regulated rent was properly based on the law and code provisions in effect prior to April 1, 1984 (Rent Stabilization Code [9 NYCRR] § 2521.1 [d] [1]; *Matter of 319 E. 50th St. Assocs. v New York State Div. of Hous. & Community Renewal,*198 AD2d 28). We have considered petitioner’s other contentions and find them to be without *93merit. Concur—Murphy, P. J., Sullivan, Rubin, Tom and Mazzarelli, JJ.