alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Page 71051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22505]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98691; File No. SR-EMERALD-2023-19]


Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of 
Withdrawal of Proposed Rule Change To Amend the Fee Schedule To Modify 
Certain Connectivity Fees and Ports Fees

October 5, 2023.
    On August 8, 2023, MIAX Emerald, LLC (``MIAX Emerald'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to amend certain connectivity and port fees.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The proposed rule change was immediately effective upon filing with 
the Commission pursuant to section 19(b)(3)(A) of the Act.\3\ The 
proposed rule change was published for comment in the Federal Register 
on August 25, 2023.\4\ On September 29, 2023, pursuant to section 
19(b)(3)(C) of the Act,\5\ the Commission: (1) temporarily suspended 
the proposed rule change; and (2) instituted proceedings under Section 
19(b)(2)(B) of the Act \6\ to determine whether to approve or 
disapprove the proposed rule change.\7\ On October 2, 2023, the 
Exchange withdrew the proposed rule change (SR-EMERALD-2023-19).
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take 
effect upon filing with the Commission if it is designated by the 
exchange as ``establishing or changing a due, fee, or other charge 
imposed by the self-regulatory organization on any person, whether 
or not the person is a member of the self-regulatory organization.'' 
15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ See Securities Exchange Act Release No. 98176 (August 21, 
2023), 88 FR 58342.
    \5\ 15 U.S.C. 78s(b)(3)(C).
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 98656, 88 FR 68680 
(October 4, 2023).
    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-22505 Filed 10-12-23; 8:45 am]
BILLING CODE 8011-01-P
PROPOSED ORDER PERMITTING 

WITHDRAWAL AND 

SUBSTITUTION OF COUNSEL FOR 

ALL DEFENDANTS - 1 

Case No. C06-05095-RJB

K:\55393\00001\MKR\MKR_P20W8 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

PRESTON GATES & ELLIS LLP 

925 FOURTH AVENUE 

SUITE 2900 

SEATTLE, WASHINGTON 98104-1158 

TELEPHONE: (206) 623-7580 

FACSIMILE:(206) 623-7022 

Honorable Robert J. Bryan 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT TACOMA 

GATEKEEPERS COMMUNITY CHURCH 

and RICKEY D. MARTIN, Senior Pastor of 

the Gatekeepers Community Church, 

 Plaintiffs, 

 v. 

THURSTON COUNTY FIRE DISTRICT 

NO. 11 AND JOHN RICKS, JERRY 

STRONG, and TONY PANNKUK, Thurston 

County Board of Fire Commissioners, in 

their individual and official capacities, 

 Defendants. 

No. C06-05095-RJB 

ORDER PERMITTING

WITHDRAWAL AND 

SUBSTITUTION OF COUNSEL 

FOR ALL DEFENDANTS 

Stephen A. Smith and Michael K. Ryan and PRESTON GATES & ELLIS, LLP, and 

Joseph F. Quinn, of JOSEPH F. QUINN, P.S., having stipulated for an Order of this Court 

permitting withdrawal and substitution of counsel for all defendants, it is hereby 

ORDERED that Joseph F. Quinn may withdraw, and Stephen A. Smith and Michael 

K. Ryan and PRESTON GATES & ELLIS, LLP are hereby substituted and appear on behalf 

of all defendants, Thurston County Fire District No. 11, John Ricks, Jerry Strong and Tony 

Case 3:06-cv-05095-RJB Document 24 Filed 03/09/06 Page 1 of 2
PROPOSED ORDER PERMITTING 

WITHDRAWAL AND 

SUBSTITUTION OF COUNSEL FOR 

ALL DEFENDANTS - 2 

Case No. C06-05095-RJB

K:\55393\00001\MKR\MKR_P20W8 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

PRESTON GATES & ELLIS LLP 

925 FOURTH AVENUE 

SUITE 2900 

SEATTLE, WASHINGTON 98104-1158 

TELEPHONE: (206) 623-7580 

FACSIMILE:(206) 623-7022 

Pannkuk, in their individual and official capacities as Thurston County Board of Fire 

Commissioners. 

DATED this 9th day of March, 2006. 

 AROBERT J. BRYAN 

 United States District Judge 

 

Presented by : 

/s/ Stephen A. Smith

Stephen A, Smith 

Michael K. Ryan, Esq. 

Preston Gates & Ellis, LLP 

Attorneys for Defendants 

THURSTON COUNTY FIRE 

DISTRICT NO. 11 and 

JOHN RICKS, JERRY STRONG 

and TONY PANNKUK 

Case 3:06-cv-05095-RJB Document 24 Filed 03/09/06 Page 2 of 2
**EXHIBIT
      32.2**





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 of Execute Sports, Inc. (the "Company") on
      Form 10-KSB for the year ending December 31, 2007 as filed with the Securities
      and Exchange Commission on the date hereof (the "Periodic Report"), I, Geno
      M.
      Apicella, Principle Accounting 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
      Periodic 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 Periodic Report fairly presents, in all material
      respects, the financial condition and results of operations of the Execute
      Sports, Inc..





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 31, 2008
            
            /s/
              Geno
              M. ApicellaGeno
              M. ApicellaPrinciple
                Accounting Officer
No. 55714.

protests 163406-K and 69626-K (San Francisco).

#### W. J. Byrnes & Co. and Lilienthal Lee & Co. *v.*United States,

Opinion by

Rao, J.

The protests were dismissed.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 31 Agreed to Senate (ATS)]

                                                         Calendar No. 9
105th CONGRESS
  1st Session
S. RES. 31

Providing for members on the part of the Senate of the Joint Committee 
    on Printing and the Joint Committee of Congress on the Library.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 28, 1997

 Mr. Warner, from the Committee on Rules and Administration, reported 
  the following original resolution; which was placed on the calendar

                            January 30, 1997

                        Considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
Providing for members on the part of the Senate of the Joint Committee 
    on Printing and the Joint Committee of Congress on the Library.

    Resolved, That the following-named Members be, and they are hereby, 
elected members of the following joint committees of Congress:
    Joint Committee on Printing: John Warner; Thad Cochran; Mitch 
McConnell; Wendell H. Ford; and Daniel K. Inouye.
    Joint Committee on the Library of Congress: Ted Stevens; John 
Warner; Thad Cochran; Daniel Patrick Moynihan; and Dianne Feinstein.
                                     

                                                         Calendar No. 9

105th CONGRESS

  1st Session

                               S. RES. 31

_______________________________________________________________________

                               RESOLUTION

Providing for members on the part of the Senate of the Joint Committee 
    on Printing and the Joint Committee of Congress on the Library.

_______________________________________________________________________

                            January 30, 1997

                        Considered and agreed to
```
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO. 2-02-388-CR

CHARLES T MULLENIX	APPELLANT

	V.

THE STATE OF TEXAS	STATE

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

	FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY

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

	MEMORANDUM OPINION1

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

	Appellant Charles T Mullenix appeals from the trial court’s judgment adjudicating him guilty of sexual assault.  We will dismiss the appeal.

	Appellant pleaded guilty to the offense of sexual assault, pursuant to a plea-bargain agreement, and the trial court placed him on five years’ deferred adjudication community supervision.  The State later petitioned to proceed to an adjudication of guilt, alleging that appellant had violated certain conditions of his community supervision.  After a hearing, the trial court adjudicated appellant guilty and sentenced him to five years’ confinement.  Appellant filed a general notice of appeal.  

	On December 3, 2002, we sent appellant a letter directing him to submit a letter brief identifying the issues or points to be raised on appeal and explaining why those issues or points warrant continuation of the appeal, notwithstanding the limitations placed on the scope of the appeal by former appellate rule 25.2(b)(3), article 42.12 of the code of criminal procedure, and Manuel v. State, 994 S.W.2d 658, 661-62 (Tex. Crim. App. 1999).  See former Tex. R. App. P. 25.2(b)(3) (amended effective Jan. 1, 2003); Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2003).  No response has been filed.

	This court’s review in this case is limited to complaints concerning alleged jurisdictional defects, matters raised by written pretrial motion and ruled on before trial, matters on which the trial court granted permission to appeal, or matters unrelated to appellant’s conviction.  See Woods v. State, 68 S.W.3d 667, 669 (Tex. Crim. App. 2002); Nix v. State, 65 S.W.3d 664, 667-68 (Tex. Crim. App. 2001); Vidaurri v. State, 49 S.W.3d 880, 885 (Tex. Crim. App. 2001); see also former Tex. R. App. P. 25.2(b)(3).  Appellant has not indicated, in response to our letter, that he wishes to appeal any of these matters.  Accordingly, we dismiss the appeal.

								PER CURIAM

PANEL D:	CAYCE, C.J.; DAY and LIVINGSTON, JJ.

		DO NOT PUBLISH

		Tex. R. App. P. 47.2(b)

[Delivered February 20, 2003]
Exhibit 99.4

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In connection with the Form 10-KSB filed by Cancer Therapeutics,  Inc. (the
"Company")as  filed with the  Securities  and  Exchange  Commission  on the date
hereof (the "Periodic Report"), I, Robert Oldham, Chief Executive Officer of the
Company,  certify,  pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002,
that:

(1)   The Periodic Report fully complies with the requirements of the Securities
      Exchange Act of 1934; and

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

      Date as of January 15, 2007
                                      By       /s/ Robert Oldham
                                        ---------------------------------
                                        Robert Oldham
                                        Chief Executive Officer
114 STAT. 3062 PUBLIC LAW 106–574—DEC. 28, 2000

LEGISLATIVE HISTORY—H.R. 4020 (S. 2279):

SENATE REPORTS: No. 106–377 accompanying S. 2279 (Comm. on Energy and

Natural Resources).

CONGRESSIONAL RECORD, Vol. 146 (2000):

Oct. 30, 31, considered and passed House.

Dec. 15, considered and passed Senate, amended. House agreed to Senate

amendment.

Æ

Public Law 106–574

106th Congress

An Act

To authorize the addition of land to Sequoia National Park, 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. ADDITION TO SEQUOIA NATIONAL PARK.

(a) IN GENERAL.—As soon as practicable after the date of the

enactment of this Act, the Secretary of the Interior shall acquire

by donation, purchase with donated or appropriated funds, or

exchange, all interest in and to the land described in subsection

(b) for addition to Sequoia National Park, California.

(b) LAND ACQUIRED.—The land referred to in subsection (a)

is the land depicted on the map entitled ‘‘Dillonwood’’, numbered

102/80,044, and dated September 1999.

(c) ADDITION TO PARK.—Upon acquisition of the land under

subsection (a)—

(1) the Secretary of the Interior shall—

(A) modify the boundaries of Sequoia National Park

to include the land within the park; and

(B) administer the land as part of Sequoia National

Park in accordance with all applicable laws; and

(2) the Secretary of Agriculture shall modify the boundaries

of the Sequoia National Forest to exclude the land from the

forest boundaries.

Approved December 28, 2000.

California.

16 USC 45g.

Dec. 28, 2000

[H.R. 4020]
105TH CONGRESS

1ST SESSION S. J. RES. 29

IN THE HOUSE OF REPRESENTATIVES

MAY 5, 1997

Referred to the Committee on Resources

JOINT RESOLUTION

To direct the Secretary of the Interior to design and construct a permanent addition to the Franklin Delano Roosevelt Memorial in Washington, D.C., and for other purposes.

Whereas President Franklin Delano Roosevelt, after contracting poliomyelitis, required the use of a wheelchair for mobility and lived with this condition while leading the United States through some of its most difficult times; and

Whereas President Roosevelt’s courage, leadership, and success should serve as an example and inspiration for all

Americans: Now, therefore, be it

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,
2

SJ 29 RFH

1 SECTION 1. ADDITION TO FRANKLIN DELANO ROOSEVELT

2 MEMORIAL.

3 (a) PLAN.—The Secretary of the Interior (referred

4 to in this Act as the ‘‘Secretary’’) shall plan for the design

5 and construction of an addition of a permanent statue,

6 bas-relief, or other similar structure to the Franklin Dela7 no Roosevelt Memorial in Washington, D.C. (referred to

8 in this Act as the ‘‘Memorial’’), to provide recognition of

9 the fact that President Roosevelt’s leadership in the strug10 gle by the United States for peace, well-being, and human

11 dignity was provided while the President used a wheel12 chair.

13 (b) COMMISSION OF FINE ARTS.—The Secretary

14 shall obtain the approval of the Commission of Fine Arts

15 for the design plan created under subsection (a).

16 (c) REPORT.—As soon as practicable, the Secretary

17 shall report to Congress and the President on findings and

18 recommendations for the addition to the Memorial.

19 (d) CONSTRUCTION.—Beginning on the date that is

20 120 days after submission of the report to Congress under

21 subsection (c), using only private contributions, the Sec22 retary shall construct the addition according to the plan

23 created under subsection (a).

24 SEC. 2. POWERS OF THE SECRETARY.

25 To carry out this Act, the Secretary may—

26 (1) hold hearings and organize contests; and
3

SJ 29 RFH

1 (2) request the assistance and advice of mem2 bers of the disability community, the Commission of

3 Fine Arts, and the National Capital Planning Com4 mission, and the Commissions shall render the as5 sistance and advice requested.

6 SEC. 3. COMMEMORATIVE WORKS ACT.

7 Compliance by the Secretary with this joint resolution

8 shall satisfy all requirements for establishing a commemo9 rative work under the Commemorative Works Act (40

10 U.S.C. 1001 et seq.)

11 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated to carry out

13 this joint resolution such sums as may be necessary.

Passed the Senate May 1, 1997.

Attest: GARY SISCO,

Secretary.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 ORDER FOR SERVICE AND RETURN, 2254 PETITION - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

EDWIN NIEMEIER,

Petitioner,

v.

DOUG WADDINGTON,

Respondent.

Case No. C06-5295 RBL/KLS

 ORDER FOR SERVICE AND

 RETURN, § 2254 PETITION

(1) The clerk shall arrange for service by certified mail upon respondent, a copy of the

petition, of all documents in support thereof, and of this Order. All costs of service shall be

advanced by the United States. The Clerk shall assemble the necessary documents to effect service. 

The Clerk shall send petitioner a copy of this Order, and the General Order. The clerk will also send

a courtesy copy of the petition to the Washington State Attorney General’s Office Criminal Justice

Division. 

(2) Within forty-five (45) days after such service, respondent shall file and serve an

 answer in accordance with Rule 5 of the Rules Governing § 2254 Cases in United States District

Courts. As part of such answer, respondent should state whether petitioner has exhausted available

state remedies, whether an evidentiary hearing is necessary, and whether there is any issue of abuse

of delay under Rule 9. Respondent shall not file a dispositive motion in place of an answer without

Case 3:06-cv-05295-RBL Document 6 Filed 07/05/06 Page 1 of 2
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 ORDER FOR SERVICE AND RETURN, 2254 PETITION - 2

first showing cause as to why an answer is inadequate. Respondent shall file the answer with the

Clerk of Court and serve a copy of the answer upon petitioner.

(3) The answer will be treated in accordance with Local Rule CR 7. Accordingly, upon

 receipt of the Answer the Clerk will note the matter for consideration on the fourth Friday after the

answer is filed, petitioner may file and serve a response not later than on the Monday immediately

preceding the Friday appointed for consideration of the matter, and respondent may file and serve a

reply brief not later than on the Thursday immediately preceding the Friday designated for

consideration of the matter.

DATED this 3rd day of July, 2006.

A

Karen L. Strombom

United States Magistrate Judge

Case 3:06-cv-05295-RBL Document 6 Filed 07/05/06 Page 2 of 2
<PAGE>   1
                                                                      EXHIBIT 11


                                 SEPRACOR INC.                           
             
             STATEMENT REGARDING COMPUTATION OF EARNINGS PER SHARE



For the quarter ended March 31,                                       1997
                                                                   ----------

Weighted average number of common
shares outstanding                                                 27,415,024

Assumed exercise of common stock options
and warrants                                                        3,137,993

Purchase of common stock under the treasury stock method           (1,337,807)
                                                                   ----------

Primary weighted average number of common shares and common
equivalent shares outstanding                                      29,215,210

Conversion of subordinated convertible notes                        4,109,756
                                                                   ----------

Fully diluted weighted average number of common shares
and common equivalent shares outstanding                           33,324,966
                                                                   ==========
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13**  **- 1692** 

In re: PATRICK STEPHEN WALSH, a/k/a Patrick Steven Walsh , Petitioner

.

On Petition for Writ of Mandamus (No. 8:05

- cr - 00001

- RWT

- 1 )

Submitted : July 17, 2013 Decided: August 13, 2013

Before WILKINSON, NIEMEYER, and SHEDD , Circuit Judges.

Petition denied by un published per curiam opinion

. Patrick Stephen Walsh, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Patrick Stephen Walsh petitions for a writ of mandamus , alleging undue delay by the district court in ruling on his November 1, 2010 petition for relief from judgment under Fed. R. Civ. P. 60(b)(6), November 22, 2010 motion for return of property, June 21, 2011 motion to subpoena telephone records, and November 14, 2011 motion to amend the restitution order.

A writ of mandamus is a drastic remedy and should be granted only in those extraordinary situations when no other rem edy is available

. United States v. Moussaoui , 333 F.3d 509, 516

- 17 (4th Cir. 2003). A review of the district court’s docket reveals that the district court recently directed the Government to file by July 30, 2013 a response to Walsh’s petition, motion to subpoena telephone records, and motion to amend the restitution order, pleadings to which the Government had not filed a response. Because there has been recent significant action in the district
court , we conclu de that Walsh is not entitled to mandamus relief. Accordingly, we deny the mandamus petition. *

* We anticipate that the district court will address promptly Walsh’s pending petition and motions following receipt of the Government’s response. However, in view of the length of time Walsh’s petition and motions have been pending in the district court, our denial of Walsh’s mandamus petition is without prejudice to the filing of another if f urther (Continued)3 We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the decisional
process.

PETITION DENIED

significant delay occurs in the district court after the expiration of the July 30 response deadline.
Case 2:06-cr-00157-MJP Document 62-5 Filed 11/08/11 Page 1 of 1