alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Kenneth N. JONES, Jr., Defendant-Appellant.

No. 10-7406.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 16, 2010.

Decided: Dec. 29, 2010.

*715Kenneth N. Jones, Jr., Appellant Pro Se. Ronald Andrew Bassford, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Kenneth Jones, Jr., seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp.2010) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (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). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595. We have independently reviewed the record and conclude that Jones has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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.

*DISMISSED.*
##### 



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 Annual Report on Form 10-K of Associated Materials Incorporated (the
Company) for the fiscal year ended January 1, 2005 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Michael Caporale, Jr., Chairman, President and
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §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, 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 Company. Date: April 1, 2005
    
    By:
    
    /s/ Michael Caporale, Jr.Michael Caporale, Jr.
Chairman, President and
Chief Executive Officer
(Principal 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.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                          69,218
<SECURITIES>                                         0
<RECEIVABLES>                                  211,016
<ALLOWANCES>                                    24,443
<INVENTORY>                                     62,732
<CURRENT-ASSETS>                               535,950
<PP&E>                                      22,675,462
<DEPRECIATION>                               4,273,543
<TOTAL-ASSETS>                              18,997,560
<CURRENT-LIABILITIES>                        4,701,249
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                18,997,560
<SALES>                                      7,972,328
<TOTAL-REVENUES>                             7,988,905
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             6,806,386
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             706,259
<INCOME-PRETAX>                                476,260
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            476,260
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   476,260
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
EXHIBIT 32(A)

                            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 Murray United Development
Corp. on Form 10-QSB for the period ending October 31, 2006 as filed with the
Securities and Exchange Commission on the date hereof, I, Dwight Foster, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:


1.       The Report 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:  December 15, 2006

                                                     /s/ Dwight Foster
                                                     -----------------------
                                                     DWIGHT FOSTER,
                                                     Chief Executive Officer
**Exhibit 32.2**

**CERTIFICATION PURSUANTTO****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 Interlink Electronics, Inc. (the “Company”) on Form 10-Q for the quarterly period ended June 30, 2003 as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Paul D. Meyer, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of myknowledge:

(1)        The Report fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

(2)        The information contained in the Report fairlypresents, in all material respects, the financial condition and results of operations of the Company.

 

|                                                            |   |   |   |
|-----------------------------------------------------------------|--------|--------|--------|
| /s/ PAUL D. MEYER                                               |   |   |        |
|                                                                 |   |   |   |
| **Paul D. Meyer****Chief Financial Officer****August 14, 2003** |   |   |   |

 

A signed original of thiswritten statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has beenprovided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
**EXHIBIT****23.2**

 

 

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

We consent to the incorporation by reference in RegistrationStatement No. 333-109261 and No. 333-32819 of LOGIC Devices Incorporated onForm S-8 and Registration Statement No. 333-16591 of LOGIC Devices Incorporatedon Form S-3 of our report, dated November 29, 2006, relating to our audits ofthe financial statements and financial statement schedule for the year endedSeptember 30 2006 and 2005, which appear in this Annual Report on Form 10-K ofLOGIC Devices Incorporated for the years ended September 30, 2006 and 2005.

 

 

  /s/  Perry-Smith LLP

 

 

 

Sacramento, CA

December 21, 2007
----

|                                  |   |   | Reference Rate |   |
|---------------------------------------|--------|--------|----------------|--------|
| ROAE less than 6%                     |   |   | - %            |   |
| ROAE 6% or greater and less than 8%   |   |   | 25%            |   |
| ROAE 8% or greater and less than 10%  |   |   | 50%            |   |
| ROAE 10% or greater and less than 12% |   |   | 75%            |   |
| ROAE 12% or greater                   |   |   | 100%           |   |
# WORK ZONE SAFETY PRESS RELEASE: OHIO

**FOR IMMEDIATE RELEASE: [Date]**

**CONTACT: [Name, Phone Number, E-Mail]**

**[Organization] Supports the U.S. Department of Transportation’s Work Zone Safety Outreach Campaign in Ohio**

**[City, State]** – **[Organization]** announced today it is joining efforts to help reduce large truck crashes in works zones by supporting a state-wide work zone safety outreach campaign led by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA). **[Organization]** calls on all drivers to “share work zones safely” by staying alert, obeying traffic signs, and allowing all vehicles extra space while driving through Ohio’s active work zones.

Throughout the campaign FMCSA will amplify safety messages through outlets such asbillboards and audio ads, reaching commercial motor vehicle (CMV) drivers traveling throughwork zones. FMCSA encourages road users to visit ohgo.com for the most up-to-date work zone information and real-time travel information.

“We are pleased to be a part of an effort to remind not only CMV drivers, but all those on Ohio’s roadways to slow down and pay attention when driving through work zones,” said **[spokesperson].** “There is a clear need to raise awareness on work zone safety. We’re proud of the Buckeye State for many reasons, but we still need everyone to do their part to prevent roadway crashes.” 

Across Ohio’s 121,856 miles of roadway and 44,047 bridges, there are also hundreds of active work zones impacting drivers across the state. The state is consistently seeing a high number of crashes, particularly in work zones. In 2020 alone, 28% of work zone roadway fatalities involved a CMV. This high fatality rate, coupled with other crash factors, showcases the importance of work zone safety outreach efforts in Ohio, for the collective effort to reduce work zone crashes and save lives. 

For more information on work zone safety, visit the campaign website. 

**###**

[INSERT BOILERPLATE]

# image1.png
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 Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company.  The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated.  The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors.  Comments must be received not later than January 16, 2002.

**A.  Federal Reserve Bank of Chicago**                     (Phillip Jackson, Applications Officer) 230 South LaSalle Street, Chicago, Illinois 60690-1414:                

**1.  CoVest Bancshares, Inc. Employee Stock Ownership Plan Trust,**                     James L. Roberts (Trustee), Paul A. Larsen (Trustee), and Barbara A. Buscemi (Trustee), all of Des Plaines, Illinois; to retain voting shares of CoVest Bancshares, Inc., and Covest Banc, National Association, both of Des Plaines, Illinois.                

Board of Governors of the Federal Reserve System, December 26, 2001.

Jennifer J. Johnson,

Secretary of the Board.

[FR Doc. 01-32132 Filed 12-31-01; 8:45 am]

BILLING CODE 6210-01-S
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

KENNETH R. MICKAS and YASMINA

K. MICKAS,

 Plaintiffs - Appellants,

 v.

NATIONAL CASUALTY INSURANCE

COMPANY,

 Defendant - Appellee.

No. 09-17150

D.C. No. 2:08-cv-01347-SRB

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Susan R. Bolton, District Judge, Presiding

Submitted June 15, 2011** 

Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges. 

Kenneth R. Mickas and Yasmina K. Mickas appeal pro se from the district

court’s judgment dismissing their diversity action alleging fraud against their

former insurance company. We have jurisdiction under 28 U.S.C. § 1291. We

FILED

JUL 6 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-17150

review de novo a dismissal for failure to state a claim under 28 U.S.C.

§ 1915(e)(2)(B)(ii). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998)

(order). We affirm.

The district court properly dismissed the second amended complaint because

plaintiffs failed to allege sufficient facts to state a fraud claim on the basis of

defendant’s alleged misrepresentations regarding plaintiffs’ cab company. See

Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (“[A] complaint must contain

sufficient factual matter, accepted as true, to state a claim to relief that is plausible

on its face.” (citation and internal quotation marks omitted)); Echols v. Beauty

Built Homes, Inc., 647 P.2d 629, 631 (Ariz. 1982) (stating elements of fraud claim

under Arizona law).

Plaintiffs’ remaining contentions are unpersuasive.

Plaintiffs’ “Objection to Notice of Appearance” and “Objection to Notice of

Disassociation” are denied. 

AFFIRMED.
EXHIBIT 23.1



CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Registration Statements No.
333-95657 on Form S-8 and No. 333-112472 on Form S-3 of Parlux Fragrances, Inc.
of our report dated June 24, 2005 (which report expresses an unqualified opinion
and includes an explanatory paragraph relating to transactions with related
parties as described in Note 2), appearing in this Annual Report on Form 10-K of
Parlux Fragrances, Inc. for the year ended March 31, 2005.

Deloitte & Touche LLP

Certified Public Accountants

Fort Lauderdale, Florida
July 8, 2005
<TABLE> <S> <C>

<ARTICLE>6
<LEGEND> THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED 
FROM THE FORM 10-Q AS OF JUNE 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY 
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
<MULTIPLIER>1
<FISCAL-YEAR-END>             DEC-31-1997
<PERIOD-START>                JAN-01-1997
<PERIOD-END>                  JUN-30-1997
<PERIOD-TYPE>                       6-MOS
<INVESTMENTS-AT-COST>          15,740,481
<INVESTMENTS-AT-VALUE>         19,847,199
<RECEIVABLES>                           0
<ASSETS-OTHER>                     10,296
<OTHER-ITEMS-ASSETS>            5,989,487
<TOTAL-ASSETS>                 25,846,982
<PAYABLE-FOR-SECURITIES>                0
<SENIOR-LONG-TERM-DEBT>                 0
<OTHER-ITEMS-LIABILITIES>          71,841
<TOTAL-LIABILITIES>                71,841
<SENIOR-EQUITY>                         0
<PAID-IN-CAPITAL-COMMON>       21,668,423
<SHARES-COMMON-STOCK>             400,000
<SHARES-COMMON-PRIOR>             400,000
<ACCUMULATED-NII-CURRENT>               0
<OVERDISTRIBUTION-NII>                  0
<ACCUMULATED-NET-GAINS>                 0
<OVERDISTRIBUTION-GAINS>                0
<ACCUM-APPREC-OR-DEPREC>        4,106,718
<NET-ASSETS>                   25,775,141
<DIVIDEND-INCOME>                       0
<INTEREST-INCOME>                  61,254
<OTHER-INCOME>                          0
<EXPENSES-NET>                   (732,855)
<NET-INVESTMENT-INCOME>          (671,601)
<REALIZED-GAINS-CURRENT>        3,862,173
<APPREC-INCREASE-CURRENT>     (12,898,163)
<NET-CHANGE-FROM-OPS>          (9,707,591)
<EQUALIZATION>                          0
<DISTRIBUTIONS-OF-INCOME>               0
<DISTRIBUTIONS-OF-GAINS>                0
<DISTRIBUTIONS-OTHER>                   0
<NUMBER-OF-SHARES-SOLD>                 0
<NUMBER-OF-SHARES-REDEEMED>             0
<SHARES-REINVESTED>                     0
<NET-CHANGE-IN-ASSETS>         (9,707,591)
<ACCUMULATED-NII-PRIOR>                 0
<ACCUMULATED-GAINS-PRIOR>               0
<OVERDISTRIB-NII-PRIOR>                 0
<OVERDIST-NET-GAINS-PRIOR>              0
<GROSS-ADVISORY-FEES>             171,364
<INTEREST-EXPENSE>                 14,626
<GROSS-EXPENSE>                   734,915
<AVERAGE-NET-ASSETS>           30,628,937
<PER-SHARE-NAV-BEGIN>                  43
<PER-SHARE-NII>                         7
<PER-SHARE-GAIN-APPREC>                 0 <F1>
<PER-SHARE-DIVIDEND>                    0
<PER-SHARE-DISTRIBUTIONS>               0
<RETURNS-OF-CAPITAL>                    0
<PER-SHARE-NAV-END>                    50
<EXPENSE-RATIO>                       2.4
<AVG-DEBT-OUTSTANDING>            681,666
<AVG-DEBT-PER-SHARE>                  1.7
<FN>
<F1>
A zero value is used since the change in net unrealized fair value is 
not allocated to General Partners and Limited Partners as it is not 
taxable.  Only taxable gains or losses are allocated in accordance with 
the Partnership Agreement.
</FN>

</TABLE>
<TABLE> <S> <C>

<ARTICLE>6
<LEGEND> THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE FORM 10-Q AS OF SEPTEMBER 30, 2000 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
<MULTIPLIER>1
<FISCAL-YEAR-END>             DEC-31-2000
<PERIOD-START>                JAN-01-2000
<PERIOD-END>                  SEP-30-2000
<PERIOD-TYPE>                       9-MOS
<INVESTMENTS-AT-COST>          16,101,195
<INVESTMENTS-AT-VALUE>         12,866,682
<RECEIVABLES>                           0
<ASSETS-OTHER>                      4,384
<OTHER-ITEMS-ASSETS>            2,651,592
<TOTAL-ASSETS>                 15,522,658
<PAYABLE-FOR-SECURITIES>                0
<SENIOR-LONG-TERM-DEBT>                 0
<OTHER-ITEMS-LIABILITIES>         104,694
<TOTAL-LIABILITIES>               104,694
<SENIOR-EQUITY>                         0
<PAID-IN-CAPITAL-COMMON>       18,652,477
<SHARES-COMMON-STOCK>             400,000
<SHARES-COMMON-PRIOR>             400,000
<ACCUMULATED-NII-CURRENT>               0
<OVERDISTRIBUTION-NII>                  0
<ACCUMULATED-NET-GAINS>                 0
<OVERDISTRIBUTION-GAINS>                0
<ACCUM-APPREC-OR-DEPREC>       (3,234,513)
<NET-ASSETS>                   15,417,964
<DIVIDEND-INCOME>                       0
<INTEREST-INCOME>                 770,312
<OTHER-INCOME>                          0
<EXPENSES-NET>                  1,128,251
<NET-INVESTMENT-INCOME>          (357,939)
<REALIZED-GAINS-CURRENT>        7,642,039
<APPREC-INCREASE-CURRENT>      (6,738,918)
<NET-CHANGE-FROM-OPS>             545,182
<EQUALIZATION>                          0
<DISTRIBUTIONS-OF-INCOME>       1,314,295
<DISTRIBUTIONS-OF-GAINS>                0
<DISTRIBUTIONS-OTHER>                   0
<NUMBER-OF-SHARES-SOLD>                 0
<NUMBER-OF-SHARES-REDEEMED>             0
<SHARES-REINVESTED>                     0
<NET-CHANGE-IN-ASSETS>           (769,113)
<ACCUMULATED-NII-PRIOR>                 0
<ACCUMULATED-GAINS-PRIOR>               0
<OVERDISTRIB-NII-PRIOR>                 0
<OVERDIST-NET-GAINS-PRIOR>              0
<GROSS-ADVISORY-FEES>             158,992
<INTEREST-EXPENSE>                  3,732
<GROSS-EXPENSE>                 1,142,151
<AVERAGE-NET-ASSETS>           15,802,520
<PER-SHARE-NAV-BEGIN>               39.79
<PER-SHARE-NII>                      1.85
<PER-SHARE-GAIN-APPREC>                 0
<PER-SHARE-DIVIDEND>                    0
<PER-SHARE-DISTRIBUTIONS>               0
<RETURNS-OF-CAPITAL>                    0
<PER-SHARE-NAV-END>                 41.64
<EXPENSE-RATIO>                       7.1

</TABLE>
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|   | 1) | The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and                               |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | 2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |   |

|                   |   |   |   |                                                                        |
|------------------------|--------|--------|--------|-----------------------------------------------------------------------------|
|                   |   |   |
| Dated: August 21, 2009 |   |   |   | /s/ Theo M.M. Kremers                                                       |
|                   |   |   |   | Theo M.M. KremersChief Executive Officer and Acting Chief Financial Officer |

----