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1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

ADAM SALAS RAMIREZ, No. CIV S-04-0759-MCE-CMK-P

Petitioner, 

vs. ORDER

CLAUDE FINN, et al.,

Respondents.

 /

Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

habeas corpus pursuant to 28 U.S.C. § 2254. 

Given the complexity of the issues raised in this case, the court appointed the

Federal Public Defender to represent petitioner and directed the parties to submit status reports

within 60 days. The purpose of the status reports was to elicit from the parties their thoughts on

proceeding with this case in light of the pendency of an appeal in Sass v. California Board of

Prison Terms, 376 F. Supp. 2d 975 (E.D. Cal. 2005), in the Ninth Circuit Court of Appeals. 

Because the Ninth Circuit decided Sass on August 31, 2006, there is no longer a need for status

reports. The parties will, therefore, be relieved of the obligation to submit status reports.

/ / /

Case 2:04-cv-00759-MCE -CMK Document 20 Filed 09/06/06 Page 1 of 2
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2

Instead, and because of the recent appointment of counsel to represent petitioner,

the court will provide petitioner, though appointed counsel, the opportunity to file a

supplemental memorandum of points and authorities addressing the merits of the claims raised in

the petition. Respondents will be given an opportunity to file a supplemental answer and

petitioner may file a supplemental traverse. Upon completion of supplemental briefing, or upon

the expiration of the time to file a supplemental memorandum of points and authorities in

support of the petition if none is filed, this case will stand submitted for a decision on the merits. 

Accordingly, IT IS HEREBY ORDERED that:

1. The parties are relieved of the obligation to file status reports;

2. Within 30 days of the date of this order, petitioner, through appointed

counsel, may file a supplemental memorandum of points and authorities addressing the merits of

the claims raised in this petition;

3. Respondents may file a supplemental answer within 30 days from the

date of service of any supplemental memorandum of points and authorities in support of the

petition; and

4. Petitioner may file a supplemental traverse within 30 days of service of

respondents’ supplemental answer.

DATED: September 5, 2006.

______________________________________

CRAIG M. KELLISON

UNITED STATES MAGISTRATE JUDGE

Case 2:04-cv-00759-MCE -CMK Document 20 Filed 09/06/06 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ROBERT LARK, : CIVIL ACTION

Petitioner, :

: (DEATH PENALTY

v. : HABEAS CORPUS)

:

JEFFREY BEARD, ET AL., : NO. 01-1252

Respondents :

O R D E R

AND NOW, this 30th day of July, 2012, upon consideration of the Petition for Writ of

Habeas Corpus (Docket No. 1), the Response of the Commonwealth of Pennsylvania (Docket No.

16), all documents filed in connection therewith, and the evidentiary hearing held on November 8-9,

2006,IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is GRANTED. IT

IS FURTHER ORDERED that Petitioner’s convictions in Commonwealth v. Lark, No. 2012-22,

January Term, 1980 (C.C.P. Phila., John A. Geisz, J.), are VACATED. The Commonwealth of

Pennsylvania may retry Petitioner within 180 days of the date of this Order. This time limit may be

extended upon a showing of reasonable cause.

BY THE COURT:

/s/ John R. Padova 

______________________

John R. Padova, J.

Case 2:01-cv-01252-JP Document 113 Filed 07/30/12 Page 1 of 1
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MERRICK JOSE MOORE,

Plaintiff, No. CIV S-04-0871 MCE EFB P

vs.

J. SLOSS, et al.,

Defendants. ORDER & WRIT OF HABEAS CORPUS

 / AD TESTIFICANDUM

A. McCoy, inmate # D-61772, a necessary and material witness in proceedings in

this case on September 7, 2010, is confined in California Substance Abuse Treatment Facility,

Corcoran, California, in the custody of the Warden; in order to secure this inmate's attendance it

is necessary that a Writ of Habeas Corpus ad Testificandum issue commanding the custodian to

produce the inmate in Court, 14th Floor, Courtroom 7, United States Courthouse, 501 I Street,

Sacramento, California on September 7, 2010, at 9:00 a.m. 

ACCORDINGLY, IT IS ORDERED that:

1. A Writ of Habeas Corpus ad Testificandum issue, under the seal of this court,

commanding the Warden to produce the inmate named above to testify in United States District

Court at the time and place above, and from day to day until completion of court proceedings or

as ordered by the court; and thereafter to return the inmate to the above institution; 

2. The custodian is ordered to notify the court of any change in custody of this

inmate and is ordered to provide the new custodian with a copy of this writ; and

3. The Clerk of the Court is directed to serve a courtesy copy of this order and

writ of habeas corpus ad testificandum on the Out-To-Court Desk.

WRIT OF HABEAS CORPUS AD TESTIFICANDUM

To: Warden Ken Clark, California Substance Abuse Treatment Facility, 900 Quebec

Avenue, P.O. Box 7100, Corcoran, California 93212:

WE COMMAND you to produce the inmate named above to testify before the

United States District Court at the time and place above, and from day to day until completion of

the proceedings or as ordered by the court; and thereafter to return the inmate to the above

institution.

FURTHER, you have been ordered to notify the court of any change in custody

of the inmate and have been ordered to provide the new custodian with a copy of this writ.

DATED: August 3, 2010.

Case 2:04-cv-00871-MCE -EFB Document 154 Filed 08/04/10 Page 1 of 1
Exhibit 11.2


<TABLE>
<CAPTION>

                          EARNINGS PER SHARE
                      FULLY DILUTED COMPUTATION
             Years Ended June 30, 1997, 1996 and 1995
        ($ in millions, except share and per share amounts)


                                            1997         1996          1995
                                           ------       ------       -------
<S>                                        <C>          <C>          <C>
Basis for computation of earnings per 
  common and common equivalent shares:
    Earnings from continuing operations    $185.7       $153.7       $136.7
    Deduct dividends on 4 Percent 
      cumulative preferred stock              (.4)         (.4)         (.4)
                                           -------      -------      -------
    Earnings from continuing operations
      available for common shareholders     185.3        153.3        136.3
    Discontinued operations                   4.4         58.2         43.6
                                           -------      -------      -------
    Available for common shareholders      $189.7       $211.5       $179.9
                                           =======      =======      =======



Number of common and common equivalent
  shares:
    Weighted average shares outstanding    73,837,424   75,183,729   76,687,154
    Shares issuable upon exercise of 
      stock options, net of shares 
      assumed to be repurchased             1,334,525    1,309,994    1,089,504
                                           ----------   ----------   ----------
                                           75,171,949   76,493,723   77,776,658
                                           ==========   ==========   ==========


Earnings per common and common 
  equivalent share:
    Continuing operations                  $2.46        $2.00        $1.75
    Discontinued operations                  .06          .76          .56
                                           ------       ------       ------
    Net earnings                           $2.52        $2.76        $2.31
                                           ======       ======       ======

</TABLE>
II 

118TH CONGRESS 

2D SESSION S. 3939 

To amend title XVIII of the Social Security Act to improve the way beneficiaries are assigned under the Medicare shared savings program by 

also basing such assignment on primary care services furnished by nurse 

practitioners, physician assistants, and clinical nurse specialists. 

IN THE SENATE OF THE UNITED STATES 

MARCH 14, 2024 

Mr. WHITEHOUSE (for himself and Mr. BARRASSO) introduced the following 

bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to improve 

the way beneficiaries are assigned under the Medicare 

shared savings program by also basing such assignment 

on primary care services furnished by nurse practitioners, 

physician assistants, and clinical nurse specialists. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘ACO Assignment Im5 provement Act of 2024’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 3939 IS

1 SEC. 2. IMPROVEMENTS TO THE ASSIGNMENT OF BENE2 FICIARIES UNDER THE MEDICARE SHARED 

3 SAVINGS PROGRAM. 

4 Section 1899(c)(1) of the Social Security Act (42 

5 U.S.C. 1395jjj(c)(1)) is amended— 

6 (1) in subparagraph (A), by striking ‘‘and’’ at 

7 the end; 

8 (2) in subparagraph (B), by striking the period 

9 at the end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following new sub11 paragraph: 

12 ‘‘(C) in the case of performance years be13 ginning on or after January 1, 2025, primary 

14 care services provided under this title by an 

15 ACO professional described in subsection 

16 (h)(1)(B).’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
|Exhibit 12 - Statement regarding computation of ratios
|------------------------------------------------------

|                                                           | Year Ended September 30, | 
|---------------------------------------------------------- | ------------------------ | 
|
|Earnings available for fixed charges:                      |                          | 
|Income (loss) before provision for income taxes            |                          | 
|Less undistributed equity earnings (loss) from investments |                          | 
|Less interest capitalized during the period                |                          | 
|Add fixed charges                                          |                          | 
|                                                           |                          | 
|Total earnings available for fixed charges                 |                          | 
|                                                           |                          | 
|                                                          
|Fixed charges:                                             |                          | 
|Interest expense including capitalized interest            |                          | 
|Interest portion of rental expense                         |                          | 
|                                                           |                          | 
|Total fixed charges                                        |                          | 
|                                                           |                          | 
|                                                          
|Ratio of earnings to fixed charges                         |                          | 
|Deficiency                                                 |                          |
Exhibit 4.74


 





 


February 7, 2008


 


PERSONAL & CONFIDENTIAL


 


Mr. Dan Brazier


316 Lori Avenue


Stouffville, Ontario


L4A 6C2


 


1.                                      EMPLOYMENT


 


Since July 17, 1998,
you have been employed with DRAXIS Health Inc. (“DRAXIS”).  As of January 1, 2008, you shall be employed
with DRAXIS as its President & Chief Executive Officer on the terms
and conditions contained in this Agreement, the terms of which have been agreed
to by you as of December 27, 2008. 
You will report to the Board of Directors of DRAXIS (hereinafter
referred to as the “Board”).  As
President and Chief Executive Officer, you shall be responsible for DRAXIS’
day-to-day operations.  You will lead its
Senior Management Team, chair its management meetings and oversee its planning
process and the expansion of its business interests.  In addition, you will perform any additional
employment responsibilities assigned to you by the Board from time to time,
provided that such responsibilities are consistent with the executive nature of
the position.


 


2.                                      BASE SALARY


 


DRAXIS will pay to you during the term of this
Agreement, effective January 1, 2008, a gross salary of $450,000 per annum
(“Base Salary”), payable semi-monthly, in arrears, in 24 equal instalments of
$18,750.  This Base Salary will be
reviewed each year thereafter, in accordance with DRAXIS’s regular
administrative practices of salary review applicable to the executive officers
of DRAXIS.  Any salary increases shall be
determined on merit on the approval of the Board.  The Board will inform you of any increases in
your salary in advance of the implementation date.


 


As an officer of DRAXIS, you will be provided and have
paid for directors’ and officers’ liability insurance and in any event DRAXIS
will indemnify and save you harmless from any action arising within the scope
of your employment responsibilities for DRAXIS, and its Affiliates (as such
term is defined in the Canada Business
Corporations Act) (“Affiliates”) [hereinafter collectively referred to as the
“DRAXIS Group”].


 


3.                                      BENEFITS


 


You will be entitled to participate in all benefit
plans which the DRAXIS Group shall, from time to time make available to its
executive employees, subject to applicable eligibility rules thereof.  The benefits currently offered are:


·                  major medical


·                  drug


·                  dental


·                  group life


·                  short and long term disability


·                  accidental death and dismemberment


 


 


 


 


 


 


 


 


 


DRAXIS
HEALTH  INC. / SANTÉ DRAXIS INC.


16751 Route Trans Canada Highway, Kirkland,
Québec, Canada H9H 4J4  Tel: (514)
694-8220 Fax: (514) 694-8201
Before the Third Division,

May 20, 1968

No. P68/240.

protests 66/6862 and 66/6905 (New York).

#### Lipper & Mann, Inc. *v.*United States,

Landis, J.

In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of tea cups and saucers and after-dinner cups and saucers similar in all material respects to those the subject of *W. Kay*Company, *Inc.*v. *United States*(53 Cust. Ct. 130, C.D. 2484) and *United States*v. *The Baltimore & Ohio R.R. Co. a/c United China & Glass Company*(47 CCPA 1, C.A.D. 719), the claim of the plaintiff was sustained.
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

TOMMY ROY KEETON,

Plaintiff, No. CIV S-04-0758 GEB PAN P

vs.

FORSYTHE, et al.,

Defendants. ORDER

 /

Plaintiff has filed his second request for an extension of time to file an amended

complaint. Good cause appearing, the request will be granted. No further extensions of time

will be granted.

IT IS HEREBY ORDERED that:

1. Plaintiff's July 20, 2006 request for an extension of time is granted; and

2. Plaintiff is granted thirty days from the date of this order in which to file an

amended complaint. No further extensions of time will be granted.

DATED: July 26, 2006.

/mp

keet0758.36sec

Case 2:04-cv-00758-GEB-EFB Document 12 Filed 07/27/06 Page 1 of 1
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 Ingles Markets, Incorporated (the Company) on Form 10-K for the period ending September 27, 2008
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ronald B. Freeman, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:



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



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



|                                         
|-----------------------------------------
|/s/    RONALD B.
FREEMAN                 
|Ronald B. Freeman Chief Financial Officer
|                                         
|December 1, 2008                         



The foregoing
certification is being furnished as an exhibit of the Report pursuant to Item 601(b)(32) of Regulation S-K and Section 906 of the Sarbanes-Oxley Act of 2002 and, accordingly, is not being filed with the Securities and Exchange Commission
as part of the Report and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Act of 1934 (whether made before or after the date of the Report, irrespective of any general
incorporation language contained in such filing).
No. 62518.

#### Croton Watch Co., Inc. *v.*United States,

protest 318557-K (New York).

Opinion by

Lawrence, J.

The protest was dismissed.
No. 46097.

#### Protests 821438-G, etc., of W. A. White Brokerage Co. et al. (Omaha etc.).

Opinion by

Cline, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
December 8, 1959

No. 63601.

Suit 5007.

#### United States *v.*General Twine Corp.

C.D. 2075. (Appeal dismissed October 6, 1959.)
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UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF CALIFORNIA 

BENITO JULIAN LUNA, 

Petitioner, 

v. 

SCOTT KERNAN, 

Respondent. 

No. 2:04-cv-0627 MCE GGH P 

ORDER 

 Petitioner is a state prisoner represented by counsel, proceeding with an application for a 

writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 29, 2015, the Ninth Circuit Court 

of Appeals vacated the district court’s judgment dismissing the petition as untimely, and 

remanded “for the district court to determine in the first instance, after conducting an evidentiary 

hearing if necessary, whether Luna diligently pursued his rights through the date of filing, June 3, 

2011.” The court stated that the district court’s determination would control whether the petition 

should be deemed timely. (ECF No. 61.) On July 30, 2015, the mandate issued. On August 28, 

2015, pursuant to this court’s order, petitioner filed a motion to expand the record. As it was 

unopposed, it was granted on October 7, 2015. 

 A review of the expanded record in light of the Ninth Circuit Court of Appeals order 

directing this court to consider petitioner’s diligence in pursuing his rights through the date of 

filing the amended petition, June 3, 2011, indicates that petitioner had written over thirty letters to 

Case 2:04-cv-00627-MCE-GGH Document 68 Filed 10/19/15 Page 1 of 2
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his attorney inquiring about his case prior to that date. See ECF No. 65-2. In light of those letters 

pertaining to petitioner’s diligence, as addressed by the Ninth Circuit, respondent will be given 

the opportunity to file a brief in opposition to a potential finding of diligence. Should respondent 

decline to oppose a potential finding in petitioner’s favor on this issue, he shall file a statement of 

non-opposition. 

 Accordingly, IT IS ORDERED that: 

1. Within twenty-eight days of this order, respondent shall file a brief on the issue of 

petitioner’s diligence, or a statement of non-opposition to the potential finding of diligence. 

2. Petitioner may file a response to any brief in opposition within fourteen days 

thereafter. 

Dated: October 19, 2015 

 /s/ Gregory G. Hollows 

 UNITED STATES MAGISTRATE JUDGE 

GGH:076/Luna0627.brf 

Case 2:04-cv-00627-MCE-GGH Document 68 Filed 10/19/15 Page 2 of 2
| 3.1 | Restated      Certificate of Incorporation of Navistar Financial Corporation (as amended      and in effect on December 15, 1987).  Filed on Form 8-K dated      December 17, 1987.  Commission File      No.  001-04146. |
|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 3.2 | The      By-Laws of Navistar Financial Corporation (as amended February 29,      1988).  Filed on Form 10-K dated January 19,      1989.  Commission File  No.  001-04146. |
|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 3.3 | Amendment      to the By-Laws of Navistar Financial Corporation.  Filed as      Exhibit 3.1 on Form 10-K dated December 18, 2003.  Commission      File No.  001-04146. |
|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----
No. 65469.

#### Justin Tharaud & Son, Inc., and J. J. Murphy & Co. *v.*United States,

protests 196495-K, etc. (New York).

*430Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of Rockingham earthenware similar in all material respects to that the subject of *Justin Tharaud & Son, Inc., et al.*v. *United States*(44 Cust. Ct. 216, C.D. 2177), the claim of the plaintiffs was sustained.