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1 Plaintiff sought a prior T.R.O. in this action, which was

denied since Plaintiff did not establish irreparable injury or a

substantial likelihood of success on the merits. Plaintiff’s appeal of

the denial is pending in the Ninth Circuit.

1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

RICHARD E. WILMSHURST, )

) CIV. S-04-0988 DFL KJM PS

Plaintiff, )

)

v. ) ORDER

)

BILL LOCKYER, Attorney General, )

STATE OF CALIFORNIA; SUPERIOR )

COURT OF CALIFORNIA, COUNTY OF )

CALAVERAS, )

) 

Defendants. )

)

On April 20, 2005, Pro Se Plaintiff filed a motion for a

temporary restraining order (“T.R.O.”) in which he seeks to prohibit

the Superior Court of California from conducting a criminal proceeding

against him in People v. Wilmshurst, No. F3229.1 Plaintiff argues

that his First Amended Complaint presents the need for the federal

court to stay the state criminal proceeding in People v. Wilmshurst,

contending if the state proceeding is not stayed, he will suffer

irreparable injury. Specifically, Plaintiff alleges that the state

Case 2:04-cv-00988-DFL -KJM Document 60 Filed 04/21/05 Page 1 of 2
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2 A courtroom deputy gave Plaintiff a copy of an order denying

his T.R.O. yesterday and informed him that the final order would be

filed today.

2

proceeding should be stayed because it violates 22 U.S.C. § 2778 and

26 U.S.C. § 5848.

The T.R.O. Plaintiff seeks is barred by the doctrine

enunciated in Younger v. Harris, 401 U.S. 37 (1971). This is evinced

by the reasons stated in the Magistrate Judge’s analysis of Younger in

the Findings and Recommendations filed October 12, 2004, beginning at

page 4, line 9 and continuing through page 6, line 20, which is

adopted herein as part of the ruling on Plaintiff’s request for a

T.R.O.

Younger abstention applies here since Plaintiff has not

shown that the state court does not provide an adequate opportunity to

raise the arguments he presents in his request for a T.R.O. 

Woodfeathers, Inc. v. Washington County, Or., 180 F.3d 1017, 1020 (9th

Cir. 1999) (“Younger abstention applies with equal force, however,

without regard to whether the state proceedings are pending in the

trial or appellate court.”). “State courts are presumed adequate to

raise federal questions ‘in the absence of unambiguous authority to

the contrary.’” Id. (citation omitted).

Therefore, Plaintiff’s request for a T.R.O. is denied.

IT IS SO ORDERED.2

Dated: April 21, 2005

/s/ Garland E. Burrell, Jr.

GARLAND E. BURRELL, JR.

United States District Judge

Case 2:04-cv-00988-DFL -KJM Document 60 Filed 04/21/05 Page 2 of 2
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GEORGE CARL SAMPLE,

Plaintiff, No. CIV S-04-1132 FCD KJM P

vs.

SACRAMENTO SHERIFF’S

DEPARTMENT, et al.,

Defendants. ORDER & WRIT OF HABEAS CORPUS

 / AD TESTIFICANDUM

George Carl Sample, inmate # T-99239, a necessary and material witness in

proceedings in this case on July 25, 2006, is confined in California State Prison, Corcoran, 4001

King Avenue, P.O. Box 8800, Corcoran, California 93212-8309, in the custody of the Warden

A.K. Scribner; 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, 15th

Floor, Courtroom 2, United States Courthouse, 501 I Street, Sacramento, California on July 25,

2006, 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, California State Prison -

Sacramento, P.O. Box 290007, Represa, California 95671.

WRIT OF HABEAS CORPUS AD TESTIFICANDUM

To: Warden A.K. Scribner, California State Prison, Corcoran, 4001 King Avenue, P.O.

Box 8800, Corcoran, California 93212-8309:

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: June 14, 2006.

______________________________________

UNITED STATES MAGISTRATE JUDGE

/mp; samp1132.841

Case 2:04-cv-01132-FCD-KJM Document 30 Filed 06/15/06 Page 1 of 1
EXHIBIT 32.1

                           CERTIFICATIONS 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 AMP Productions, Ltd. on Form 10-Q
for the quarter ended June 30, 2009 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Thomas E. Mills, Chief Executive
Officer, President, Principal Accounting Officer and 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, as amended; and

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


Date: August 11, 2009                     By /s/ Thomas Mills
                                             Thomas E. Mills
                                             President, Chief Executive Officer,
                                             Chief Financial Officer and
                                             Principal Accounting Officer
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                      14,681,774
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              15,421,511
<CURRENT-LIABILITIES>                        1,750,657
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                 (6,572,135)
<TOTAL-LIABILITY-AND-EQUITY>                15,421,511
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             2,063,472
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             135,915
<INCOME-PRETAX>                            (2,199,387)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,199,387)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,199,387)
<EPS-BASIC>                                    (0.106)
<EPS-DILUTED>                                  (0.106)


</TABLE>
EXHIBIT 32.1


                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
      AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of m-Wise,  Inc. ("the Company") on Form
10-QSB for the period ended  September 30, 2004 as filed with the Securities and
Exchange  Commission  on the date hereof  ("the  Report"),  I, Shay  Ben-Asulin,
Chairman of the Board and  Secretary,  certify,  pursuant  to 18 U.S.C.  Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
to my knowledge:

      (1) the Report  fully  comply 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.

Shay Ben-Asulin
-------------------------
Shay Ben-Asulin, Chairman

Dated: November 16, 2004
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1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

EDWARD T. KENNEDY, No. CIV S-04-1591-DFL-CMK

Plaintiff, 

vs. ORDER TO SHOW CAUSE

PEOPLE OF THE STATE OF

CALIFORNIA,

Defendant.

 /

Plaintiff, who is proceeding pro se, filed this action on August 6, 2004. On that

same date, the court issued an order requiring plaintiff to serve the defendant in a timely manner

pursuant to Federal Rule of Civil Procedure 4(m). To date, more than 120 days have passed since

the complaint was filed and it appears that the defendant has not been served. 

/ / /

/ / /

/ / /

/ / /

/ / /

Case 2:04-cv-01591-DFL-CMK Document 4 Filed 09/22/05 Page 1 of 2
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Accordingly, IT IS HEREBY ORDERED that plaintiff shall show cause in

writing, within 20 days of the date of service of this order, why this action should not be

dismissed for lack of prosecution and failure to comply with rules and court order. See Local

Rule 11-110.

DATED: September 21, 2005.

______________________________________

CRAIG M. KELLISON

UNITED STATES MAGISTRATE JUDGE

Case 2:04-cv-01591-DFL-CMK Document 4 Filed 09/22/05 Page 2 of 2
================================================================================

EXHIBIT 32.1               GAMBINO APPAREL GROUP, INC.

                  Certification of Principal Executive Officer
                           Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

I, William J. Reilly, President, and Director "principal executive officer") of
Gambino Apparel Group, Inc. (the "Registrant"), certify that to the best of my
knowledge, based upon a review of the Quarterly Report on Form 10-QSB for the
period ended Spetember 30, 2005 of the Registrant (the "Report"):

     (1) The Report fully complies with the requirements of Section 13(a)[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
     Registrant.

Dated: 05/04/2006          /s/ WILLIAM J. REILLY
                          ----------------------
                          William J. Reilly
                          President and Director











--------------------------------------------------------------------------------
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Petitioner references a sixth claim in his stay-and-abeyance order. No such claim

1

exists. 

1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

ANDRE RIDER, No. CIV S-04-1809-GEB-CMK-P

Petitioner, 

vs. FINDINGS AND RECOMMENDATIONS

S. KERNAN,

Respondent.

 /

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

habeas corpus pursuant to 28 U.S.C. § 2254. Currently pending before the court are petitioner’s

petition (Doc. 1) and petitioner’s motion for an order staying the instant proceedings and holding

consideration of his claims in abeyance pending exhaustion of state remedies (“stay-andabeyance order”) (Doc. 13). Also before the court is respondent’s motion to dismiss (Doc. 9).

The instant petition raises five claims. Petitioner initially raised all five claims to 1

the state court in his initial brief on direct appeal. The Court of Appeal rejected his claim and

affirmed his conviction and sentence. Petitioner abandoned two of the claims by not raising

Case 2:04-cv-01809-GEB -CMK Document 19 Filed 02/07/06 Page 1 of 2
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them in his brief to the California Supreme Court. The court notes that petitioner was

represented by counsel at all stages of his state court proceedings. In his motion for a stay-andabeyance order, petitioner fails to establish good cause for failing to present all of the claims

raised here to the highest state court. Given that petitioner was represented by counsel at his

state court proceedings, it appears that he purposefully chose not to pursue two of his claims. He

cannot now ask this court to consider claims which he chose not to present to the state court. 

Therefore, petitioner’s motion for a stay-and-abeyance order should be denied.

Based on the foregoing, the undersigned recommends that Petitioner’s motion for

a stay-and-abeyance order be denied.

These findings and recommendations are submitted to the United States District

Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within ten days

after being served with these findings and recommendations, any party may file written

objections with the court. The document should be captioned “Objections to Magistrate Judge's

Findings and Recommendations.” Failure to file objections within the specified time may waive

the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

DATED: February 6, 2006.

______________________________________

CRAIG M. KELLISON

UNITED STATES MAGISTRATE JUDGE

Case 2:04-cv-01809-GEB -CMK Document 19 Filed 02/07/06 Page 2 of 2
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          17,881
<SECURITIES>                                         0
<RECEIVABLES>                                   41,367
<ALLOWANCES>                                       861
<INVENTORY>                                     25,486
<CURRENT-ASSETS>                                91,119
<PP&E>                                         100,231
<DEPRECIATION>                                  74,225
<TOTAL-ASSETS>                                 142,144
<CURRENT-LIABILITIES>                           62,912
<BONDS>                                         32,840
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        26,919
<OTHER-SE>                                      14,992
<TOTAL-LIABILITY-AND-EQUITY>                   142,144
<SALES>                                        141,712
<TOTAL-REVENUES>                               163,054
<CGS>                                           99,598
<TOTAL-COSTS>                                  113,590
<OTHER-EXPENSES>                                51,005
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,915
<INCOME-PRETAX>                                (2,807)
<INCOME-TAX>                                     1,978
<INCOME-CONTINUING>                            (4,785)
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<EPS-DILUTED>                                     1.90<F2>
<FN>
<F1>REPRESENTS EARNINGS PER SHARE - BASIC PER SFAS 128
<F2>REPRESENTS EARNINGS PER SHARE - DILUTED PER SFAS 128
</FN>


</TABLE>
================================================================================

EXHIBIT  31.1 CERTIFICATION


I, Kevin Kelly, President, certify that:

         1. I have reviewed this quarterly report on Form 10-QSB of Patient
Portal Technologies, Inc.;

         2. Based on my knowledge, this quarterly 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
quarterly report;

         3. Based on my knowledge, the financial statements and other financial
information included in this quarterly 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 quarterly report;

         4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

         a) Designed such disclosure controls and procedures to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this quarterly report is being prepared;

         b) Evaluated the effectiveness of the registrant's disclosure controls
and procedures as of a date within 90 days prior to the filing date of this
quarterly report (the "Evaluation Date"); and

         c) Presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures based on our evaluation
as of the Evaluation Date;

         5. The registrant's other certifying officers and I have disclosed,
based on our most recent evaluation, to the registrant's auditors and the audit
committee of the registrant's board of directors (or persons performing
theequivalent functions):

         a) All significant deficiencies in the design or operation of internal
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

         b) Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal
controls; and

         6. The registrant's other certifying officers and I have indicated in
this quarterly report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant deficiencies and material weaknesses.



Dated: 5/30/2007         /s/ KEVIN KELLY
                        ----------------------
                        Kevin Kelly
                        President, Director


--------------------------------------------------------------------------------
**Exhibit 31.1**

 

**CERTIFICATIONS**

 

I, Timothy G. Healy, certifythat:

 

1. I have reviewed thisquarterly report on Form 10-Q of EnerNOC, Inc.;

 

2. Based on my knowledge,this report does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

3. Based on my knowledge,the financial statements, and other financial information included in thisreport, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, theperiods presented in this report;

 

4. The registrant’s othercertifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:

 

                a) Designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisreport is being prepared;

 

                b) Reserved;

 

                c) Evaluated the effectivenessof the registrant’s disclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

                d) Disclosed in this report anychange in the registrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

 

5. The registrant’s othercertifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and theaudit committee of registrant’s board of directors (or persons performing theequivalent functions):

 

                a) All significant deficienciesand material weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financialinformation; and

 

                b) Any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the registrant’s internal control over financial reporting.

 

Date: November 5, 2007

 
|   | By:    | /s/ Timothy G. Healy      |   |
|--------|--------|--------------------------------|--------|
|   |   | Timothy G. Healy               |
|   |   | Chief Executive Officer        |
|   |   | (principal executive  officer) |

 

----