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28 ORDER

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

BRYAN DONEY,

Petitioner,

v.

STATE OF WASHINGTON 

Respondent.

Case No. C06-5357FDB

 ORDER TO AMEND

This habeas corpus petition has been referred to the undersigned Magistrate Judge pursuant

to Title 28 U.S.C. §§ 636(b)(1)(A) and 636 (b)(1)(B) and Local Magistrates' Rules MJR 3 and MJR

4. Petitioner seeks federal habeas corpus relief pursuant to 28 U.S.C. § 2254. (Dkt. #1).

Petitioner names only the State of Washington as a Respondent. 28 U.S.C. § 2243 indicates

that writs are to be directed “to the person having custody of the person detained”. This person

typically is the superintendent of the facility in which the petitioner is incarcerated. Failure to name

the petitioner's custodian deprives federal courts of personal jurisdiction. Stanley v. California

Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994). 

Petitioner is ordered to file an amended petition or a motion to change the case caption and

Case 3:06-cv-05357-FDB Document 6 Filed 07/31/06 Page 1 of 2
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28 ORDER

petitioner must name the superintendent of the facility where he is incarcerated. The new petition or

motion must be filed on of before September 1st, 2006 or the court will recommend dismissal of this

petition on jurisdictional grounds.

The clerk is ordered to send copies of this order to the petitioner and to note this matter for

the courts September 1st, 2006 calendar.

DATED this 31st, day of July, 2006.

/S/ J. Kelley Arnold

J. Kelley Arnold

United States Magistrate Judge

Case 3:06-cv-05357-FDB Document 6 Filed 07/31/06 Page 2 of 2
Case 3:06-cv-05291-RBL Document 39 Filed 06/28/07 Page 1 of 2
Case 3:06-cv-05291-RBL Document 39 Filed 06/28/07 Page 2 of 2
<PAGE>

                                  SYSTEMIX, INC
                                                                   EXHIBIT 99.02

                LETTER TO THE COMPANY FROM INDEPENDENT DIRECTORS


                                       18
<PAGE>

                                                  October 25, 1996

SyStemix, Inc.
3155 Porter Drive
Palo Alto, CA  94304
Attention:  John Schwartz


     The Independent Directors have determined not to approve the unsolicited
offer by Sandoz Ltd. to acquire, at $17.00 per share, the approximately 27% of
SyStemix that Sandoz does not currently own (the "Offer").  The Independent
Directors' decision is based, in part, on the advice of Lehman Brothers that the
Offer is inadequate and not fair to the minority shareholders from a financial
point of view.  The Independent Directors had retained Lehman Brothers, an
investment banking firm, to assist them in analyzing the Offer.

     The Independent Directors have offered to share in negotiations with Sandoz
the data and analysis that inform Lehman Brothers' and the Independent
Directors' view of SyStemix' value. Sandoz has declined this invitation to
negotiate, and has further declined to provide any analysis of its own of the
value of the Company's technology, its clinical program or its market prospects.
Under these circumstances, the Independent Directors believe that they had no
alternative but to reject the Offer.

     The Independent Directors remain willing to discuss an acquisition by
Sandoz at an appropriate price.

                                                       THE INDEPENDENT DIRECTORS


                                       19
No. 63434.

protest 58/14361 (New York).

#### E. Leitz, Inc. *v.*United States,

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the issues are the same in all material respects as those the subject of *John P. Herber & Co., Inc.*v. *United States*(30 Cust. Ct. 193, C.D. 1519), the protest was dismissed, and the matter was remanded to a single judge sitting in re-appraisement for determination of the value of the merchandise in the manner provided by law (28 U.S.C. § 2636(d)).
# C_2023071EN.01001902.xml

| 27.2.2023 | EN | Official Journal of the European Union | C 71/19 |
| --- | --- | --- | --- |

27.2.2023

EN

Official Journal of the European Union

C 71/19

---

Judgment of the General Court of 21 December 2022 — Pshonka v Council

(Case T-242/21) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Ukraine - Freezing of funds - List of the persons, entities and bodies covered by the freezing of funds and economic resources - Maintenance of the applicant’s name on the list - Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of defence and the right to effective judicial protection)

(2023/C 71/24)

Language of the case: Czech

Parties

Applicant: Artem Viktorovych Pshonka (Kramatorsk, Ukraine) (represented by: M. Mleziva, lawyer)

Defendant: Council of the European Union (represented by: M. Vobořil, R. Pekař and S. Van Overmeire, Agents)

Re:

By his action based on Article 263 TFEU, the applicant seeks annulment of Council Decision (CFSP) 2021/394 of 4 March 2021 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2021 L 77, p. 29) and of Council Implementing Regulation (EU) 2021/391 of 4 March 2021 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2021 L 77, p. 2), in so far as those acts maintain his name on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the judgment

The Court:

| 1. | Annuls Council Decision (CFSP) 2021/394 of 4 March 2021 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, and Council Implementing Regulation (EU) 2021/391 of 4 March 2021 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as the name of Mr Artem Viktorovych Pshonka was maintained on the list of persons, entities and bodies subject to those restrictive measures; |
| --- | --- |

1.

Annuls Council Decision (CFSP) 2021/394 of 4 March 2021 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, and Council Implementing Regulation (EU) 2021/391 of 4 March 2021 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as the name of Mr Artem Viktorovych Pshonka was maintained on the list of persons, entities and bodies subject to those restrictive measures;

| 2. | Orders the Council of the European Union to pay the costs. |
| --- | --- |

2.

Orders the Council of the European Union to pay the costs.

---

(1)  OJ C 263, 5.7.2021.

---
Case No. 14,278.

#### The TWEED.

[Cited in The Blohm, Case No. 1,556. Nowhere reported; opinion not now accessible.]
---

Exhibit 13.1 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code), the undersigned officer of Baja Mining Corp., (the Company) does hereby certify with respect to the Annual Report of the Company on Form 20-F/ A (Amendment No. 2) for the period ended December 31, 2008 (the Report) that: 1.
     The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and2.
     The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. Date:
March 5, 2010/s/ John GreensladeJohn GreensladeChief Executive Officer, Presidentand Principal Executive Officer
  The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.


---

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code), the undersigned officer of Baja Mining Corp., (the Company) does hereby certify with respect to the Annual Report of the Company on Form 20-F/ A (Amendment No. 2) for the period ended December 31, 2008 (the Report) that: 1.
     The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and2.
     The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. Date: March 5, 2010/s/ Rowland WalleniusRowland WalleniusChief Financial Officer, PrincipalFinancial and Accounting Officer
  The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.


---
NO. 07-12-00336-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

OCTOBER 18, 2012

IN RE LEANNE FARRELL COLLIER, RELATOR

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ORDER

With the issuance of this Court’s opinion in cause number 07-12-0084-CV, 

Leanne Collier’s Petition for Writ of Prohibition is denied as moot. See TEX. R. APP. P.

52.8(d). Furthermore, the stay of all trial court proceedings in trial court cause number 

2007-539,120, issued by this Court on August 1, 2012, is hereby lifted.

Per Curiam
THE THIRTEENTH COURT OF APPEALS

13-22-00179-CV

IN RE ARNOLD RAUL GONZALES

On Appeal from the

377th District Court of Victoria County, Texas

Trial Court Cause No. 20-08-32316-D

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes that the judgment of the trial court should be affirmed. The Court 

orders the judgment of the trial court AFFIRMED. No costs are assessed, due to 

appellant’s inability to pay costs.

We further order this decision certified below for observance.

August 25, 2022
1.
    
    I have reviewed this quarterly report on Form 10-Q of Monro Muffler Brake, Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in light of
the circumstances under which such statements were made, not misleading with respect to the
period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods
presented in this 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-15(e)
and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act
Rules 13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer 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 the registrants board of directors (or persons
performing the equivalent functions):
    /s/ Robert G. GrossRobert G. GrossChief Executive Officer and Chairman of the Board 22
1 Pursuant to Local Rule 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-60203

Summary Calendar

 

NORRIS COXWELL,

Plaintiff-Appellant,

versus

SHIRLEY S. CHATER, COMMISSIONER OF

SOCIAL SECURITY,

Defendant-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Mississippi

(4:95CVLN)

- - - - - - - - - -

December 20, 1996

Before SMITH, DUHÉ and BARKSDALE, Circuit Judges.

PER CURIAM:1

Norris Coxwell appeals the district court’s affirmance of the

Commissioner’s decision denying him social security disability and

supplemental income benefits beyond the closed period ending June

17, 1991. 

He argues that the record does not support the determination

by the administrative law judge (ALJ) of medical improvement

beginning June 18, 1991, and that because no new medical evidence
was added to the record after remand from the Appeals Council,

Coxwell’s disability continued. From our review of the record and

the appellate arguments, we conclude that there was substantial

evidence to support the ALJ’s determination. See Anthony v.

Sullivan, 954 F.2d 289, 292 (5th Cir. 1992).

Coxwell also argues that the ALJ failed to consider, in

accordance with Social Security Ruling 95-5p, Coxwell’s subjective

complaints of pain. In light of the ALJ’s incorporation into the

decision after remand the summary of evidence and evaluation from

the initial ALJ decision, we detect no error in the ALJ’s

evaluation of the complaints of pain. See Anthony, 954 F.2d at

292.

AFFIRMED.
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.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Neurological Disorders and Stroke Special Emphasis Panel; RM1 HEAL Interdisciplinary Team Science to Uncover the Mechanisms of Pain Relief by Medical Devices.                    

*Date:*                         November 6, 2023.                    

*Time:*                         11:00 a.m. to 2:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852 (Virtual Meeting).                    

*Contact Person:*                         Ana Olariu, Ph.D., Scientific Review Officer, Scientific Review Branch, Division of Extramural Activities, NINDS/NIH, NSC, 6001 Executive Boulevard, Rockville, MD 20852, 301-496-9223,                         *Ana.Olariu@nih.gov*.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS.)

Dated: October 6, 2023.

David W. Freeman, 

Supervisory Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2023-22618 Filed 10-12-23; 8:45 am]

BILLING CODE 4140-01-P
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.                  

###### Export-Import Bank

Notice of Open Meeting of the Advisory Committee of the Export-Import Bank of the United States (EXIM).

# TIME AND DATE:

Wednesday, October 18, 2023, from 4:30-6:00 p.m. EDT.

# PLACE:

Washington Hilton Hotel, 1919 Connecticut Ave. NW, Washington, DC 20009.

# STATUS:

*Public Participation:*                         The meeting will be open to public participation and time will be allotted for questions or comments. Members of the public may also file written statements before or after the meeting to                         *external@exim.gov.*                         Interested parties may contact India Walker at                         *india.walker@exim.gov*                         to confirm attendance.                    

# MATTERS TO BE CONSIDERED:

Discussion of EXIM policies and programs to provide competitive financing to expand United States exports and comments for inclusion in EXIM's Report to the U.S. Congress on Global Export Credit Competition.

# CONTACT PERSON FOR MORE INFORMATION:

                        For further information, contact India Walker, External Enagagement Specialist, at 202-480-0062 or at                         *india.walker@exim.gov.*

Joyce B. Stone,

Assistant Corporate Secretary.

[FR Doc. 2023-22455 Filed 10-5-23; 11:15 am]

BILLING CODE 6690-01-P
# C_2021368EN.01001804.xml

| 13.9.2021 | EN | Official Journal of the European Union | C 368/18 |
| --- | --- | --- | --- |

13.9.2021

EN

Official Journal of the European Union

C 368/18

---

Order of the President of the Court of 17 June 2021 (request for a preliminary ruling from the Landgericht Köln — Germany) — Deutsche Lufthansa AG v ZR

(Case C-107/21) (1)

(2021/C 368/30)

Language of the case: German

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 182, 10.05.2021.

---
[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Page 69982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22360]


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

DEPARTMENT OF STATE

[Public Notice:12208]


Notice of Determinations; Culturally Significant Objects Being 
Imported for Exhibition--Determinations: ``Beyond the Great Wave: Works 
by Hokusai From the British Museum'' Exhibition

SUMMARY: Notice is hereby given of the following determinations: I 
hereby determine that certain objects being imported from abroad 
pursuant to an agreement with their foreign owner or custodian for 
temporary display in the exhibition ``Beyond the Great Wave: Works by 
Hokusai from the British Museum'' at the Bowers Museum, Santa Ana, 
California, and at possible additional exhibitions or venues yet to be 
determined, are of cultural significance, and, further, that their 
temporary exhibition or display within the United States as 
aforementioned is in the national interest. I have ordered that Public 
Notice of these determinations be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Reed Liriano, Program Coordinator, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6471; email: <a href="/cdn-cgi/l/email-protection#d1a2b4b2a5b8bebfe3e5e4e891a2a5b0a5b4ffb6bea7"><span class="__cf_email__" data-cfemail="3e4d5b5d4a5751500c0a0b077e4d4a5f4a5b10595148">[email protected]</span></a>). The mailing address is U.S. 
Department of State, L/PD, 2200 C Street NW (SA-5), Suite 5H03, 
Washington, DC 20522-0505.

SUPPLEMENTARY INFORMATION: The foregoing determinations were made 
pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 
of August 28, 2000, and Delegation of Authority No. 523 of December 22, 
2021.

Nicole L. Elkon,
Deputy Assistant Secretary for Professional and Cultural Exchanges, 
Bureau of Educational and Cultural Affairs, Department of State.
[FR Doc. 2023-22360 Filed 10-6-23; 8:45 am]
BILLING CODE 4710-05-P


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</html>
#### Aabco Sheet Metal Co., Inc., Appellant, v Seven West 34th Street Development Corp. et al., Defendants, and A.J. Contracting Company, Inc., et al., Respondents.

[ 632 NYS2d 3 ]

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about May 1, 1995, which denied plaintiffs motion to amend the complaint so as to add a cause of action on the payment bond issued by defendant insurer, unanimously affirmed, without costs.

Plaintiffs claim that defendants should be estopped from asserting the 90-day notice provision in the payment bond is without merit, given no actual misrepresentation that such a bond did not exist *(see, Gleason v Spota,*194 AD2d 764, 765) that lulled plaintiff into inactivity *(see, Triple Cities Constr. Co. v Maryland Cas. Co., 4*NY2d 443, 448). Here, plaintiff shows at most that its inquiries concerning the bond’s existence were met only with silence, which, far from lulling plaintiff, should have alerted it to the need for more assertive measures. Concur—Sullivan, J. P., Wallach, Rubin, Ross and Nardelli, JJ.