alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.2
 
 CERTIFICATION
 Pursuant
to 18 U.S.C. 1350
 (Section
302 of the Sarbanes-Oxley Act of 2002)
 
 In
connection with the Annual Report on Form 10-K of SOKO Fitness & Spa
Group, Inc. (the “Company”) for the year ended May 31, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), Xia Yu,
Chief Financial Officer of the Company, hereby certifies, pursuant to
18 U.S.C. §1350, as adopted pursuant to §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.
 
 
 Date:
February 17,
2009                                                                                     By:  /s/ Xia Yu
 Name: Xia
Yu
 Title:
Chief Financial Officer
 
 
 
 
 
 This
certification accompanies each Report pursuant to § 906 of the Sarbanes-Oxley
Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley
Act of 2002, be deemed filed by the Company for purposes of §18 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.
IN THE SUPREME COURT OF THE STATE OF DELAWARE

DERRICK SMITH,

Defendant Below,

Appellant,

v.

STATE OF DELAWARE,

Plaintiff Below,

Appellee.

§

§ No. 276, 2021

§

§

§

§ Court Below–Superior Court

§ of the State of Delaware

§ 

§ Cr. ID No. 1101020846 (N)

§ 

§

Submitted: October 15, 2021

Decided: November 4, 2021

ORDER

It appears to the Court that, on September 29, 2021, the Senior Court Clerk 

issued a notice, sent by certified mail, directing the appellant, Derrick Smith, to show 

cause why his appeal should not be dismissed for his failure to pay the Supreme 

Court filing fee or filing a motion to proceed in forma pauperis. The appellant 

received the notice, as evidenced by the return receipt filed with this Court on 

October 4, 2021. A timely response to the notice to show cause was due on or before 

October 14, 2021. To date, Smith has not paid the Supreme Court filing fee, filed a 

motion to proceed in forma pauperis, or responded to the notice to show cause. 

Dismissal of this action is therefore deemed to be unopposed.
2

NOW, THEREFORE, IT IS HEREBY ORDERED, under Supreme Court 

Rules 3(b)(2) and 29(b), that the appeal is DISMISSED.

BY THE COURT:

/s/ Tamika R. Montgomery-Reeves

Justice
<PAGE>
                                                                    Exhibit 32.1

                   CERTIFICATION OF PERIODIC FINANCIAL REPORT
                       PURSUANT TO 18 U.S.C. SECTION 1350


Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, each of the undersigned officers of Lowrance
Electronics, Inc. (the "Company") certifies that the Annual Report on Form 10-K
of the Company for the fiscal year ended July 31, 2004 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that the information contained in the Form 10-K fairly presents, in all
material respects, the financial condition and results of operations of the
Company.



Dated: August 31, 2004                     /s/ Darrell J. Lowrance
                                           -----------------------
                                           Darrell J. Lowrance
                                           President and Chief Executive Officer



Dated: August 31, 2004                     /s/ Douglas J. Townsdin
                                           -----------------------
                                           Douglas J. Townsdin
                                           Vice President of Finance
                                           and Chief Financial Officer





This certification accompanies this Annual Report on Form 10-K pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the
extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the
Company for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-2087
JOHN W. GAUS; CHARLOTTE GAUS, his wife, Plaintiffs - Appellants, versus CONSOLIDATION COAL COMPANY; Defendant - Appellee, and DBT AMERICA, INCORPORATED, a Delaware Corporation; CONSOL, INCORPORATED, Defendants. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., District Judge. (CA-00-150-5) Submitted: February 28, 2003 Decided: March 10, 2003 Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges. Affirmed by unpublished per curiam opinion. Stephen P. Goodwin, Raymond S. Franks, II, GOODWIN & GOODWIN, Charleston, West Virginia, for Appellants. James R. Miller, Rodger L. Puz, DICKIE, MCCAMEY & CHILCOTE, P.C., Pittsburgh, Pennsylvania, for Appellee.2 Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: John Gaus and Charlotte Gaus appeal the district court’s order granting summary judgment to Consolidation Coal Company in this civil tort action. The lower court’s decision was predicated upon a conclusion that West Virginia’s workers’ compensation scheme was the exclusive remedy for John Gaus’ work-related injury. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Gaus v. Consolidation Coal Co. , No. CA-00-150-5 (N.D.W. Va. Aug. 13, 2002). 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.

AFFIRMED
#### Swaisgood, Appellee, *v.*Puder et al.; Verizon North, Inc., Appellant.

[Cite as *Swaisgood v. Puder,*118 Ohio St.3d 445, 2008-Ohio-3177.]

(No. 2007-0442

Submitted May 21, 2008

Decided July 2, 2008.)

Murray *&*Murray Co., L.P.A., Charles M. Murray, and William H. Bartle, for appellee.

Thompson Hiñe, L.L.P., Andrew H. Cox, and William J. Hubbard, for appellant.

{¶ 1} The judgment of the court of appeals is affirmed on the authority of *Turner v. Ohio Bell Tel. Co.,*118 Ohio St.3d 215, 2008-Ohio-2010, 887 N.E.2d 1158.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, Lanzinger, and Cupp, JJ., concur.

O’Donnell, J., dissents for the reasons stated in his dissenting opinion in *Turner v. Ohio Bell Tel. Co.*
#### Stacia TATUM, Plaintiff—Appellant, v. Teresa SCHWARTZ; Jonathan Zeh; Lance Jensen; California Department of Corrections & Rehabilitation, Defendants—Appellees.

No. 08-16987.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Nov. 2, 2010.*

Filed Dec. 3, 2010.

*170Pamela Y. Price, Shannon Michele Seibert, Price & Associates, Oakland, CA, for Plaintiff-Appellant.

Michael Gowe, AGCA-Offiee of the California Attorney General, Oakland, CA, for Defendants-Appellees.

Before: THOMAS and IKUTA, Circuit Judges, and RESTANI, Judge.**

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

**

 The Honorable Jane A. Restani, Judge of the United States Court of International Trade, sitting by designation.

MEMORANDUM ***

Stacia Tatum (“Tatum”) appeals from the district court’s grant of summary judgment, dismissing Tatum’s claims of hostile work environment and retaliation. *See*42 U.S.C. §§ 1983, 2000e(a)-(n).

The district court properly denied Tatum’s request to toll the statute of limitations by reason of insanity under Cal. Civ. Proc. § 352(a). For purposes of section 352(a), a plaintiff is “insane” if “incapable of caring for his [or her] property or transacting business or understanding the nature or effects of his [or her] acts.” *171*Alcott Rehab. Hosp. v. Super. Ct.,*93 Cal. App.4th 94, 112 Cal.Rptr.2d 807, 812 (Cal.Ct.App.2001) (alteration in original) (quoting *Pearl v. Pearl,*177 Cal. 303, 307, 177 P. 845 (1918)) (internal quotation marks omitted). The facts demonstrate “lucid intervals”: Tatum filed her workers’ compensation claim, was deemed by a psychiatrist to be alert and oriented with normal affect, wrote a letter stating her desire “to return to work as soon as possible,” reported subsiding anxiety to an almost negligible level, and hired legal counsel. *See Hsu v. Mt. Zion Hosp.,*259 Cal.App.2d 562, 66 Cal.Rptr. 659, 664-65 (Cal.Ct.App.1968).

The district court properly denied Tatum’s request for equitable tolling. Mental incapacity warrants equitable tolling when, “extraordinary circumstances beyond the plaintiffs control made it impossible to file a claim on time.” *Stoll v. Runyon,*165 F.3d 1238, 1242 (9th Cir.1999). Because Tatum was able to file paperwork, converse with doctors, write a letter detailing her claim, and hire legal counsel, her circumstances do not rise to the extraordinary level required.

The district court properly granted summary judgment for the defendants on Tatum’s retaliation claim. Retaliation requires the plaintiff to show a causal link between protected activity and adverse employment action. *Brooks v. City of San Mateo,*229 F.3d 917, 928 (9th Cir.2000). Temporal proximity of one year — measured from the date of Tatum’s complaint until the date of her work assignment — is insufficient to establish an inference of retaliation without additional evidence, which Tatum failed to provide. *See Manatt v. Bank of Am., N. A,*339 F.3d 792, 802 (9th Cir.2003).

AFFIRMED.

***

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
* 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.

United States Court of Appeals

Fifth Circuit

FILED

October 25, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-30777

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RAMIRO RODRIGUEZ-LINARES,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 2:05-CR-20017-ALL

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

Before JOLLY, DeMOSS, and STEWART, Circuit Judges. 

PER CURIAM:*

The Federal Public Defender appointed to represent Ramiro

Rodriguez-Linares (Rodriguez) has requested leave to withdraw and

has filed a brief as required by Anders v. California, 386 U.S.

738 (1967). Rodriguez has not filed a response. Our independent

review of the record and counsel’s brief discloses no

nonfrivolous issue for appeal. Counsel’s motion for leave to

withdraw is GRANTED, counsel is excused from further

responsibilities, and the appeal is DISMISSED. See 5TH CIR.

R. 42.2.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SUNSHINE ACT NOTICE

BAC 6735-01

March 7, 2016

TIME AND DATE: 10:00 a.m., Wednesday, March 23, 2016

PLACE: The Richard V. Backley Hearing Room, Room 511N, 1331 

Pennsylvania Avenue, NW, Washington, DC 20004 (enter from 

F Street entrance)

STATUS: Open 

MATTERS TO BE 

CONSIDERED: The Commission will hear oral argument in the matter Secretary of 

Labor v. Knight Hawk Coal, LLC, Docket Nos. LAKE 

2014-121-R, et al. (Issues include whether the Judge erred in

affirming an unwarrantable failure finding in connection with a 

fatality involving a continuous miner operator.)

Any person attending this oral argument who requires special 

accessibility features and/or auxiliary aids, such as sign language 

interpreters, must inform the Commission in advance of those 

needs. Subject to 29 C.F.R. § 2706.150(a)(3) and § 2706.160(d).

CONTACT PERSON 

FOR MORE INFO: Emogene Johnson (202) 434-9935 / (202) 708-9300 for TDD

Relay / 1-800-877-8339 for toll free.

__________________________________

Sarah L. Stewart

Deputy General Counsel
EXHIBIT 32.2


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

In  connection  with the  Annual  Report  of E Prime  Aerospace  Corporation,  a
Colorado  corporation  (the  "Company"),  on Form  10-KSB/A  for the year  ended
September 30, 2004, as filed with the  Securities and Exchange  Commission  (the
"Report"),  Leslie Shealey , Chief 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 result of  operations of the
Company.


/s/ Leslie Shealey
--------------------------
Leslie Shealey
Chief Financial Officer
December 12, 2006






----------------
[A signed  original of this written  statement  required by Section 906 has been
provided  to  E'Prime  Aerospace  Corporation  and will be  retained  by E'Prime
Aerospace Corporation and furnished to the Securities and Exchange Commission or
its staff upon request.]
EXHIBIT 32.1



Certification of Chief Executive Officer
and Principal Financial Officer 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 Merriman Holdings,
Inc. on Form 10-Q/A for the quarter ended June 30, 2012 as filed with the Securities and Exchange Commission on the date hereof
(the “Report”), we, D. Jonathan Merriman and William J. Febbo, certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|December 13, 2012 | By: | /s/ D. JONATHAN MERRIMAN   
|----------------- | --- | ---------------------------
|                  |     | D. Jonathan Merriman       
|                  |     | Chief Executive Officer    
|                  |     |                            
|                  | By: | /s/ WILLIAM J. FEBBO       
|                  |     | William J. Febbo           
|                  |     | Principal Financial Officer
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3539 Reported in Senate (RS)]

                                                       Calendar No. 238
111th CONGRESS
  1st Session
                                H. R. 3539

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 17, 2009

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

                           December 17, 2009

              Reported by Mr. Lieberman, without amendment

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
 at 427 Harrison Avenue in Harrison, New Jersey, as the ``Patricia D. 
                  McGinty-Juhl Post Office Building''.

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

SECTION 1. PATRICIA D. MCGINTY-JUHL POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 427 Harrison Avenue in Harrison, New Jersey, shall be known 
and designated as the ``Patricia D. McGinty-Juhl Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Patricia 
D. McGinty-Juhl Post Office Building''.
                                                       Calendar No. 238

111th CONGRESS

  1st Session

                               H. R. 3539

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
 at 427 Harrison Avenue in Harrison, New Jersey, as the ``Patricia D. 
                  McGinty-Juhl Post Office Building''.

_______________________________________________________________________

                           December 17, 2009

                       Reported without amendment
```
I 

117TH CONGRESS 

1ST SESSION H. R. 3081 

To make certain irrigation districts eligible for Pick-Sloan Missouri Basin 

Program pumping power, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2021 

Mr. ARMSTRONG introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To make certain irrigation districts eligible for Pick-Sloan 

Missouri Basin Program pumping power, and for other 

purposes. 

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

3 SECTION 1. ELIGIBILITY OF CERTAIN AREAS TO RECEIVE 

4 PICK-SLOAN MISSOURI BASIN PROGRAM 

5 PUMPING POWER. 

6 Section 5(a) of Public Law 89–108 (79 Stat. 435; 

7 100 Stat. 419; 114 Stat. 2763A–284) is amended by add8 ing at the end the following: 

9 ‘‘(6) ELIGIBILITY OF CERTAIN IRRIGATION DIS10 TRICTS TO RECEIVE PUMPING POWER.— 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 3081 IH

1 ‘‘(A) DEFINITION OF ELIGIBLE IRRIGA2 TION DISTRICT.—In this paragraph, the term 

3 ‘eligible irrigation district’ means an irrigation 

4 district that is located in— 

5 ‘‘(i) the test area referred to in para6 graph (1); or 

7 ‘‘(ii) an area within the 28,000-acre 

8 area described in paragraph (3) that is 

9 analyzed by the Secretary but not devel10 oped under that paragraph. 

11 ‘‘(B) ELIGIBILITY.—An eligible irrigation 

12 district shall be eligible to receive Pick-Sloan 

13 Missouri Basin Program pumping power— 

14 ‘‘(i) subject to any terms and at any 

15 rates established by the Secretary; and 

16 ‘‘(ii) in accordance with a contract en17 tered into under subparagraph (C). 

18 ‘‘(C) CONTRACT.— 

19 ‘‘(i) IN GENERAL.—Subject to clause 

20 (ii), the Secretary may enter into a con21 tract with an eligible irrigation district to 

22 provide Pick-Sloan Missouri Basin Pro23 gram pumping power to the eligible irriga24 tion district. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 3081 IH

1 ‘‘(ii) REQUIREMENT.—No Pick-Sloan 

2 Missouri Basin Program pumping power 

3 may be delivered to an eligible irrigation 

4 district under this paragraph until the date 

5 on which a contract authorizing the deliv6 ery to the irrigation district is executed 

7 under clause (i).’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
#### The State of Ohio, Appellant, *v.*Dankworth, Appellee.

[Cite as *State v. Dankworth,*118 Ohio St.3d 1210, 2008-Ohio-2234.]

(No. 2007-1211

Submitted April 22, 2008

Decided May 15, 2008.)

Gary A. Nasal, Miami County Prosecuting Attorney, and James D. Bennett, Assistant Prosecuting Attorney, for appellant.

L. Patrick Mulligan *&*Associates, L.P.A., Co., George A. Katchmer, and L. Patrick Mulligan, for appellee.

{¶ 1} The cause is dismissed, sua sponte, as having been improvidently accepted.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.
----

|   | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company. |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ Mel G. Riggs                                           |
|------------------------------------------------------------|
| Mel G. Riggs                                               |
| President and Chief Executive Officer                      |
| of Southwest Royalties, Inc., the                          |
| Managing General Partner of                                |
| Southwest Royalties Institutional Income Fund VIII-B, L.P. |
|                                                       |
| May 13, 2011                                               |
|                                                       |
|                                                       |
| /s/ Michael L. Pollard                                     |
| Michael L. Pollard                                         |
| Senior Vice President and Chief Financial Officer          |
| of Southwest Royalties, Inc., the                          |
| Managing General Partner of                                |
| Southwest Royalties Institutional Income Fund VIII-B, L.P. |
|                                                       |
| May 13, 2011                                               |
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Balance Sheet at March 31, 2000 (Unaudited) and the Statement of Operations
for the Three Months Ended March 31, 2000 (Unaudited) and is qualified in
its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          75,029
<SECURITIES>                                         0
<RECEIVABLES>                                  181,594
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               256,623
<PP&E>                                       5,345,923
<DEPRECIATION>                               5,015,466
<TOTAL-ASSETS>                                 587,080
<CURRENT-LIABILITIES>                              199
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     586,881
<TOTAL-LIABILITY-AND-EQUITY>                   587,080
<SALES>                                        358,875
<TOTAL-REVENUES>                               359,680
<CGS>                                          153,100
<TOTAL-COSTS>                                  153,100
<OTHER-EXPENSES>                                34,086
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                172,494
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            172,494
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   172,494
<EPS-BASIC>                                      11.36
<EPS-DILUTED>                                    11.36


</TABLE>