alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-20100

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

EBENEZER EMEKA NWACHUKWU, also known as 

Andrew Rich Thompson, also known as Frederick

Gary Davis, also known as Howard Ron Wilson,

also known as Mark Ray Walters, also known 

as Taylor Bruce McGauin, also known

as Mathew Lee Hendrix,

 Defendant-Appellant.

- - - - - - - - - -

Appeals from the United States District Court

for the Southern District of Texas

USDC No. H-96-CV-1773

- - - - - - - - - -

June 5, 1998

Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:1

Ebenezer Emeka Nwachukwu, a federal prisoner (# 70896-079),

moves to proceed in forma pauperis (“IFP”) from the district

court’s dismissal, with prejudice, of his 28 U.S.C. § 2255 motion

to vacate his sentence. Nwachukwu filed his § 2255 motion before
he was sentenced for the conviction which he is attacking. 

The district court was correct in dismissing Nwachukwu’s §

2255 motion, because a criminal defendant ordinarily may not

collaterally attack his sentence until it has been affirmed on

direct appeal. See United States v. Fassler, 858 F.2d 1016, 1019

(5th Cir. 1988). Because Nwachukwu fails to address the ground

upon which his motion was § 2255 motion was dismissed, he fails to

present a nonfrivolous issue for appeal. His motion to proceed IFP

is therefore DENIED. See FED. R. APP. P. 24(a); Carson v. Polley,

689 F.2d 562, 586 (5th Cir. 1982). Nwachukwu’s appeal is DISMISSED

as frivolous. 5TH CIR. R. 42.2.

Under Fassler, a prisoner is entitled to refile his § 2255

upon the affirmance of his conviction. See Fassler, 858 F.2d at

1019. Accordingly, the case is REMANDED to the district court for

the sole purpose of amending the judgment to reflect that the

dismissal of Nwachukwu’s § 2255 motion was “without prejudice.” 

Nwachukwu’s “Motion to Review All Issues in Case” (filed on

August 27, 1997), his “Motion to Remand” (filed on October 23,

1997), his “Motion to Accept 2255 Brief” (filed on December 1,

1997), his “Motion to Withdraw Suspended 2255 Brief” (also filed on

December 1, 1997), his “Notice of Motion to Remand” (filed on

December 12, 1997), and his “Motion to Remand” (filed on January

12, 1998), are DENIED.

IFP DENIED; APPEAL DISMISSED; CASE REMANDED WITH DIRECTIONS;

ADDITIONAL MOTIONS DENIED.
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-812 

________________________________________________________________________ 

EMPLOYMENT 

 Agreement Between the 

UNITED STATES OF AMERICA 

and TAJIKISTAN 

Effected by Exchange of Notes at 

Dushanbe March 11 and August 12, 2003 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
TAJIKISTAN 

Employment 

 Agreement effected by exchange of notes at 

 Dushanbe March 11 and August 12, 2003; 

 Entered into force August 12, 2003. 





NOTE: This is an unofficial translation provided by the Government of Tajikistan. When the official English translation becomes available, it will be added to this publication.
##### 



EXHIBIT 99

WRITTEN STATEMENT 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 Jefferson-Pilot Corporation (the
Company) on Form 10-K for the period ending December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the Report), the
undersigned, David A. Stonecipher, Chief Executive Officer of the Company, and
Theresa M. Stone, Chief Financial Officer of the Company, each hereby certify
that, to his or her 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) |  | Information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of
the Company.



/s/ David A. Stonecipher

David A. Stonecipher
Chief Executive Officer
March 26, 2003



/s/ Theresa M. Stone

Theresa M. Stone
Chief Financial Officer
March 26, 2003

A signed original of this written statement required by Section 906 has been
provided to Jefferson-Pilot Corporation and will be retained by Jefferson-Pilot
Corporation and furnished to the Securities and Exchange Commission or its
staff upon request.
# EUR-Lex - 52007AP0144 - EN

Important legal notice

*|*

# 52007AP0144

**European Parliament legislative resolution of 25 April 2007 on the proposal for a regulation of the European Parliament and of the Council on advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004 (COM(2005)0567 - C6-0401/2005 - 2005/0227(COD)) **

*
Official Journal 074 E , 20/03/2008 P. 0525 - 0526 *

P6_TA(2007)0144

Advanced therapy medicinal products ***I

European Parliament legislative resolution of 25 April 2007 on the proposal for a regulation of the European Parliament and of the Council on advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004 (COM(2005)0567 — C6-0401/2005 — 2005/0227(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0567) [1],

- having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0401/2005),

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on Legal Affairs (A6-0031/2007);

1. Approves the Commission proposal as amended;

2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3. Instructs its President to forward its position to the Council and Commission.

[1] Not yet published in OJ.

--------------------------------------------------
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y Action ) SERVIC ELIS T ORIGINAL * ON ECOP Y Federal Aviatio nAdministratio n 80 0 Independenc e Avenue , S.W
. Washington , D C 2059 1 Attention : Hearin g Docket Clerk , AGC-430 , Wilbu r Wrigh t Building—Suit e 2W1000 '

ON ECOP Y Rebecc aJ
. Hozubin , Respondent' s Counse l Wilkcrso nHozubi n 31 0 K Street , Suit e 40 5 Anchorage , A

K 9950 1 TEL : 9Q1-116-519 1 FAX : 907-276-529 1 HowardL
. Martin , Jr. , Complainant' s Counse l Regional Counsel , Offic e o f Regional Counsel , AAL- 7 Alaska nRegio n Federa l Aviatio nAdministratio n 22 2 W.?" " Avenue//J 4 Anchorage , A

K 995 1 :?-758 7 TEL : 907-271-527 3 FAX : 907-271-280 0 Th e Honorabl e Richar dC
. Goodwin , Administrativ e ta w Judg e U.S
. Departmen t

o f Transportatio n Offic e o f Hcanngs , M-20 , 120 0 New Jerse y Avenue , S.E
. Washington , D C 2059 0 TEL : Attorney-Adviso r 202o66-213 9 -Lega l Assistan t

202-366-512 1 FAX : 202-366-753 6

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. Mail
. Fo

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e folJowin g address : Federa

J Aviatio nAdniinistration , 600 Independence Avenue
. S.W.
. Wilbu r Wrigh t Building—Suit

e 2W1000 , Wasliington, D C 20591 ; Atleiition : Hearin g Docke t Clerk, AGC-430
.
<PAGE>
 
                                  EXHIBIT 23


                      CONSENT OF INDEPENDENT ACCOUNTANTS
                      



Board of Directors and Stockholders
of Keane, Inc.


We consent to the incorporation by reference in the registration statements of
Keane, Inc. on Form S-8 (File Nos. 33-00175, 33-16187, 33-00176, 2-76657, 
2-91931, 33-16188, 33-38361, 2-40012, 2-87193, 2-61721, 2-89418, 33-38360, 
33-38361, 33-52760, 33-52758, 33-52756, and 33-52762) of our report dated March
21, 1996 on our audits of the consolidated financial statements and the
financial statement schedule of Keane, Inc. as of December 31, 1994 and 1995,
and for the years ended December 31, 1993, 1994 and 1995, which report is
included in this Annual Report on Form 10-K.



Boston, Massachusetts                                  Coopers & Lybrand L.L.P
March 26, 1996

PAGE 44
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STIPULATION OF DISMISSAL AND ORDER THEREON 

Ross Cornell, (SBN 210413)

LAW OFFICES OF ROSS CORNELL, APC

813 East Balboa Boulevard

Newport Beach, California 92663

(949) 723-1794

Reuben D. Nathan, Esq. (SBN 208436)

AZIMY & NATHAN, LLP

18500 Von Karman Ave., Suite 500

Irvine, California 92612

Phone: (949) 486-1888

Fax: (949) 486-1889

Attorneys of Record for Plaintiff,

JOSEPH ABDULLAH

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOSEPH ABDULLAH, 

 

 Plaintiff,

 

 v.

LINCOLN PLCE APARTMENTS;

LINCOLN PLACE INVESTORS; JCM

PARTNERS, LLC and Does 1 through

10, inclusive. 

 

 Defendants.

Case No.: CIV.S-04-2215 LKK KJM

STIPULATION OF DISMISSAL

AND ORDER THEREON

Related Cases:

1. Civ.S-04-2185 LKK KJM

2. Civ.S-04-1731 LKK KJM

3. Civ.S-04-2181 LKK KJM

 F.R.Civ.P. 41(a)(1)

Case 2:04-cv-02215-LKK-KJM Document 16 Filed 05/02/05 Page 1 of 2
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STIPULATION OF DISMISSAL AND ORDER THEREON 

Pursuant to F.R.Civ.P. 41(a)(1) Plaintiff Joseph Abdullah and Defendants 

LINCOLN PLCE APARTMENTS; LINCOLN PLACE INVESTORS; JCM

PARTNERS, LLC, through their attorneys’ undersigned, stipulate and agree that

above-captioned matter may be dismissed as to all claims and all Defendants,

without prejudice, each party to bear his own costs and attorney’s fees.

DATED: April 28, 2005 AZIMY & NATHAN, LLP

By: /s/ Reuben D. Nathan, Esq.

Reuben D. Nathan, Esq. 

Attorney for Plaintiff, JOSEPH ABDULLAH

DATED: April 28, 2005 NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP

By: /s/ Carol Rene Brophy, Esq. as authorized on April 28, 2005

Carol Rene’Brophy, Esq.

Attorney for Defendants,

LINCOLN PLCE APARTMENTS;

LINCOLN PLACE INVESTORS;

JCM PARTNERS, LLC

ORDER

Pursuant to the stipulation of the parties, IT IS ORDERED that the abovecaptioned matter is dismissed as to all claims and all Defendants, without

prejudice, each party to bear his own costs and attorney’s fees. 

Dated: April 29, 2005 /s/Lawrence K. Karlton

United States District Court Judge

Case 2:04-cv-02215-LKK-KJM Document 16 Filed 05/02/05 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
  (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 Partnership.
 By:
    
    /s/ Matthew A. Jones

Name: Matthew A. JonesTitle: Chief Financial Officer of the Managing General PartnerDate: May 17, 2010
Exhibit 21.1

Subsidiaries of OpenTV Corp.

As of
December 31, 2009

A table of the direct and indirect subsidiaries of OpenTV Corp. is set forth below, indicating as
to each the state or jurisdiction of organization and the names under which such subsidiaries do business. Subsidiaries not included in the table are inactive or, considered in the aggregate as a single subsidiary, would not constitute a significant
subsidiary.



|                                               |  |                             
|---------------------------------------------- |  | ----------------------------
|Name of the Subsidiary                         |  | Jurisdiction of Organization
|ACTV, Inc.                                     |  | United States (Delaware)    
|Advision Systems, LLC                          |  | United States (Delaware)    
|Digital Adco, Inc.                             |  | United States (Delaware)    
|Intellocity USA, Inc.                          |  | United States (Delaware)    
|Media Online Services, Inc.                    |  | United States (Delaware)    
|OpenTV (Israel) Ltd.                           |  | Israel                      
|OpenPlay (BVI) Ltd.                            |  | British Virgin Islands      
|OpenTV GmbH                                    |  | Switzerland                 
|OpenTV Japan KK                                |  | Japan                       
|OpenTV Australia Pty Ltd                       |  | Australia (New South Wales) 
|OpenTV Australia Holdings Pty Ltd              |  | Australia (New South Wales) 
|OpenTV Europe S.A.S                            |  | France                      
|OpenTV Holding N.V.                            |  | Netherlands Antilles        
|OpenTV Holdings B.V.                           |  | The Netherlands             
|OpenTV, Inc.                                   |  | United States (Delaware)    
|OpenTV India Private Limited                   |  | India                       
|OpenTV Interactive Software (Beijing) Co. Ltd. |  | China                       
|OpenTV Netherlands B.V.                        |  | Netherlands Antilles        
|OpenTV UK Limited                              |  | United Kingdom              
|OpenTV US Holdings, Inc.                       |  | United States (Delaware)    
|OpenTV US Investments, Inc.                    |  | United States (Delaware)    
|Ruzz TV Pty Ltd                                |  | Australia (Victoria)        
|Spyglass Integration, Inc.                     |  | United States (Delaware)    
|Wink Communications, Inc.                      |  | United States (Delaware)
#### In the Matter of Eugenio Lanfranco, Petitioner, v Donald Selsky, as Director of Inmate Disciplinary Programs, New York State Department of Correctional Services, Respondent.

[634 NYS2d 413]

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, *776entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner is an inmate at Shawangunk Correctional Facility in Ulster County. As the result of an incident in which he became uncooperative with prison staff who were attempting to provide him with medical treatment, petitioner was found guilty of violating prison disciplinary rules prohibiting attempted assault, refusing a direct order and interfering with employees. Petitioner raises a number of challenges to the administrative determination. Contrary to petitioner’s claims, we do not find that the Hearing Officer was biased or that petitioner was deprived of the right to present witnesses. Moreover, we find that the testimony of the correction officers and medical personnel who witnessed the incident, as well as the misbehavior report, provide substantial evidence supporting the determination. We have considered petitioner’s remaining arguments and find them to be without merit.

Cardona, P. J., Mercure, White, Casey and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

AND CHIEF FINANCIAL OFFICER

PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. 1350)

In connection with the Quarterly Report of Wells Real Estate Investment Trust II, Inc. (the Registrant) on Form 10-Q for
the quarter ended June 30, 2010, as filed with the Securities and Exchange Commission (the Report), the undersigned, E. Nelson Mills, Principal Executive Officer of the Registrant, and Douglas P. Williams, Chief Financial Officer of
the Registrant, hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) that, to the best of our knowledge and belief:



| | (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
Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                           
|---------------------------
|/s/ E. NELSON MILLS        
|E. Nelson Mills            
|Principal Executive Officer
|August 11, 2010            
|                           
|/s/ DOUGLAS P. WILLIAMS    
|Douglas P. Williams        
|Principal Financial Officer
|August 11, 2010
No. 64179.

protests 59/8597, etc. (New York).

#### Germania Company et al. *v.*United States,

Opinion by

Oliver, C. J.

The protests were dismissed.
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CONSENT TO SUB OF ATTY; ORDER THEREON

DOWNEY BRAND LLP

MICHAEL J. THOMAS, ESQ. (SBN 172326)

RALPH R. NEVIS, ESQ. (SBN 202730)

555 Capitol Mall, 10th Floor

Sacramento, CA 95814

Telephone: (916) 444-1000 

Facsimile: (916) 444-2100 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

THE RAINLINE CORPORATION, 

Plaintiff,

v.

CENTRAL STRIPING SERVICE INC., JAMES

LESNIEWSKI, SUSAN LESNIEWSKI, 

Defendants.

_______________________________________

)

)

)

)

)

)

)

)

)

)

)

) 

CASE NO. CIV.S-04-2700 GEB DAD

CONSENT TO SUBSTITUTION OF

ATTORNEY

[PROPOSED ORDER APPROVING

SUBSTITUTION AND TAKING

MOTION FOR ORDER ALLOWING

WITHDRAWL OF ATTORNEY OFF

CALENDAR]

TO: THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that defendant, CENTRAL STRIPING SERVICE, INC., makes

the following substitution:

1. Former legal representation:

John C. Teal, Jr., Esq.

WEULE, BALLARD & MONDO, LLP

18881 Von Karman, Suite 1225

Irvine, CA 92612

Tel: (949) 476-2088 Fax:(949) 476-3095

2. New legal representation:

DOWNEY BRAND LLP

Michael J. Thomas, Esq. (SBN 172326)

Ralph R. Nevis, Esq. (SBN 202730)

555 Capitol Mall, 10th Floor

Sacramento, CA 95814

Tel: (916) 444-1000 Fax:(916) 444-2100

Email: mthomas@downeybrand.com

Case 2:04-cv-02700-GEB-DAD Document 32 Filed 06/24/05 Page 1 of 2
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CONSENT TO SUB OF ATTY; ORDER THEREON

3. The party making this substitution is a defendant.

4. I consent to this substitution.

Dated: June 23, 2005 CENTRAL STRIPING SERVICE, INC.

By: /s/ Geri Lesniewski (original signature retained by attorney) 

 

Title: Corporate Secretary

5. I consent to this substitution.

Dated: June 23, 2005 WEULE, BALLARD & MONDO, LLP

By: /s/ John C. Teal, Jr. (original signature retained by attorney) 

6. I consent to this substitution.

Dated: June 24, 2005 DOWNEY BRAND, LLP

By: /s/ Michael J. Thomas 

O R D E R

 The foregoing substitution of attorney is hereby approved.

The substitution having been approved, the motion of Weule, Ballard & Mondo for an order

allowing withdrawl of attorney scheduled for hearing on June 27, 2005, is moot and the motion is

ordered off calendar.

Dated: June 24, 2005

/s/ Garland E. Burrell, Jr.

GARLAND E. BURRELL, JR.

United States District Judge

Case 2:04-cv-02700-GEB-DAD Document 32 Filed 06/24/05 Page 2 of 2
EXHIBIT 31.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

I, Edward A. Stern, certify that:

1. I have reviewed this Form 10-KSB/A (Amendment No. 1) of Kreisler Manufacturing Corporation; and

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.



|                                         |  | 
|---------------------------------------- |  | 
|/s/ Edward A. Stern                     
|Edward A. Stern, Chief Financial Officer
|Date: October 27, 2006
# Response to Comments by Cathy S. Woollums on

behalf of MidAmerican Energy Holdings Company “MidAmerican Energy Holdings Company Comments on the U.S. Environmental Protection Agency’s Information Collection Request for the Willingness to Pay Survey for Clean Water Act Section 316(b) Existing Facilities Cooling Water Intake Structures” (Federal Register Vol. 75, No. 139: 42438-42440; July 21, 2010) and EPA Supporting Documents

DOCKET ID No, EPA-HQ-OW-2010-0595

Responses to the MidAmerican Energy Holdings Comment

This comment begins with a brief summary of the background information on the company and EPA’s Information Collection Request (ICR). The commenter then states: “without having the benefit of being able to review the proposed survey questions, MidAmerican believes as a general proposition that the proposed survey is flawed as it both promotes multiple assertions that are inaccurate or untrue and contains several potential biases.” The commenter then asserts that the “proposed survey would not serve to provide the required reliable estimates of non-use benefits” and that “EPA has not provided ample evidence that non-use benefits would be significant and therefore justify the need for this survey.” Given that the commenter did not have an opportunity to review the survey instrument, this comment is irrelevant to the proposed survey instrument and simply reflects an ad-hoc opinion of the commenter. Nevertheless, EPA believes that its responses to other Commentors sufficiently address the concerns raised in the comment submitted by Cathy S. Woollums on behalf of MidAmerican Energy Holdings. For additional detail, please refer to EPA’s responses to comments submitted by the Electric Power Research Institute (Docket ID No, EPA-HQ-OW-2010-0595), Super Law Group, LLC (Docket ID No, EPA-HQ-OW-2010-0595), and the American Chemistry Council, American Forest & Paper Association, American Petroleum Institute, and Utility Water Act Group (Docket ID No, EPA-HQ-OW-2010-0595).
No. 46162.

#### Protest 58000-K of New York Mdse. Co., Inc. (New York).

Opinion by

Dallingeb, J.

In accordance with stipulation of counsel and on the authority of Abstract 38680 the claim at 40 percent under paragraph 339 was sustained.