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1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JASON ALLEN MAGGARD, 

Petitioner, No. CIV S-04-2196 GEB KJM P

vs.

JEANNE S. WOODFORD, et al., 

Respondents. ORDER

 /

On November 28, 2005, the District Court vacated its prior order adopting this

court’s findings and recommendations of June 22, 2005 and remanded the case to this court for

further consideration in light of Rhines v. Weber, 544 U.S. 269, 125 S.Ct. 1528 (2005). In

Rhines, the Supreme Court recognized that a district court has the authority to stay a “mixed”

petition for a writ of habeas corpus in order to permit a petitioner to exhaust his unexhausted

claims in state court. Such a stay is appropriate when petitioner shows good cause for his failure

to exhaust earlier and merit to the claims he is seeking to exhaust. Id. at 1535. 

In the first amended petition, petitioner raised six issues: the trial court erred by

admitting testimony of the pursuing officer concerning petitioner’s mental state; the use of

CALJIC No. 12.85 deprived petitioner of his right to have the jury determine every element of

the offense; a more specific unanimity instruction was required because of the differing mental

Case 2:04-cv-02196-GEB -KJM Document 22 Filed 04/14/06 Page 1 of 2
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states in the charged offense; California Vehicle Code section 2800.2 is unconstitutional; there

was insufficient evidence of intent supporting the conviction for reckless evading; and there was

insufficient evidence to support the convictions for assault with a deadly weapon. Am. Pet.

at 5-6. In light of respondent’s motion to dismiss the petition, petitioner conceded he had

exhausted only claims one and three of that petition: permitting the pursuing officer to describe

petitioner’s mental state was error, and the unanimity instruction was inadequate in this case. 

In the findings and recommendations of June 22, 2005, this court found

petitioner’s request for a stay of proceedings to be premature. In light of Rhines, however, this

court may consider the stay request without requiring petitioner to file a new document

containing only exhausted claims. 

Accordingly, IT IS HEREBY ORDERED that within thirty days of the date of this

order, petitioner shall file a renewed request for a stay of proceedings in conformance with

Rhines v. Weber, 544 U.S. 269 (2005). Respondent shall have thirty days after the filing of the

request to file opposition, if any. 

DATED: April 13, 2006.

______________________________________

UNITED STATES MAGISTRATE JUDGE

2

magg2196.sty

Case 2:04-cv-02196-GEB -KJM Document 22 Filed 04/14/06 Page 2 of 2
No. 59610.

protests 155528-K, etc. (New York).

#### China Overseas, Inc., et al. *v.*United States,

Opinion by

Donlon, J.

It was stipulated that the articles in question consist of silent butlers, smoothing irons, and various kinds of trays, the composition of which is the same in all material respects as the merchandise involved in *Ignaz Strauss & Co., Inc.*v. *United States*(9 Cust. Ct. 342, C. D. 710), *The Fan Co.*v. *United States*(25 Cust. Ct. 42, C. D. 1261), and *Ignaz Strauss & Co., Inc.*v. *United States*(28 Cust. Ct. 280, C. D. 1423). In accordance with stipulation of counsel and on the authority of the decisions cited, the merchandise was held dutiable as follows: (1) The items marked with the letter “A” at 40 percent under paragraph 339 as household utensils, composed wholly or in chief value of brass, not plated with platinum, gold, or silver; (2) the items marked with the letter “B” at 35 percent under the provision in paragraph 339, as modified by the trade agreement with the United Kingdom (T. D. 49753), for household utensils, *361composed wholly or in chief value of copper, not plated wifh platinum, gold, or silver; and (3) the items marked with the letter “C” at 25 percent under the provision in paragraph 339, as' modified, *supra,*for household utensils, composed wholly or in chief value of pewter, not plated with platinum, gold, or silver.
**Exhibit 32.1**

 

Certification of Litigation Trustee Pursuant to18 U.S.C. Section 1350,As Adopted Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002

 

In connection with theQuarterly Report on Form 10-Q of Information Resources, Inc.Litigation Contingent Payment Rights Trust for the quarterly period ended June 30,2005 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), the undersigned hereby certify, pursuant to 18 U.S.C. § 1350,as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, tothe best of their knowledge:

 

(1)          The Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

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

 

 
| /s/ JOSEPH  P. DURRETT |   |
|------------------------|--------|
| Joseph P.  Durrett     |
| Litigation  Trustee    |
| August 1,  2005   |

 

This certification accompaniesthe Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shallnot, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemedfiled by the Registrant for purposes of § 18 of the Securities ExchangeAct of 1934, as amended.

 

1

----
Exhibit 32.5

CERTIFICATION PURSUANT TO

18 U.S.C.§1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Winton Series, a Series of The Frontier Fund on Form 10-Q for the period
ended March 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned hereby certifies, to the best of his 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) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Winton Series.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                                                                         
|-----------------------------------------------------------------------------------------------------------------------------------------
|/s/ Robert J. Enck                                                                                                                       
|Robert J. Enck                                                                                                                           
|President and Chief Executive Officer of Equinox Fund Management, LLC, the Managing Owner of Winton Series, a Series of The Frontier Fund
|                                                                                                                                         
|/s/ Brent Bales                                                                                                                          
|Brent Bales                                                                                                                              
|Chief Financial Officer of Equinox Fund Management, LLC, the Managing Owner of Winton Series, a Series of The Frontier Fund              
|                                                                                                                                         
|Date: May 10, 2007
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 IPEX, Inc. (the "Company") on
Form 10-QSB for the quarter ended March 31, 2005 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Milton "Todd"
Ault, III, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. 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 and 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.

      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.


June 2, 2005                            /s/ Milton "Todd" Ault, III
                                        ----------------------------------
                                        Milton "Todd" Ault, III
                                        Chief Executive Officer
#### Edward Hoopes, *Respondent, v.*Samuel C. Cummings, *Appellant.*

Order affirmed, with ten dollars costs and disbursements.
(Reap. Dec. 10492)

#### Mitsubishi International Corp. *v.*United States

Entry No. 896004, etc.

(Decided April 18, 1963)

*William Whynman*for the plaintiff.

*John W. Douglas,*Assistant Attorney General, for the defendant.

Wilson, Judge:

Counsel for the parties have submitted the appeals for reappraisement enumerated in schedule “A,” attached hereto, for decision upon stipulation, reading as follows:

> IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the parties hereto, subject to the approval of the Court, that the merchandise covered by the above appeals for reappraisement consists of footwear manufactured in and exported from Japan to the United States.

> That said footwear was entered for consumption subsequent to February 27, 1958, and is specified in the Final List published by the Secretary of the Treasury pursuant to the Customs Simplification Act of 1956 (T.D. 54521).

> *449That on or about the date of exportation of the said merchandise, the price at which such or similar merchandise was freely offered for sale to all purchasers in the principal markets of Japan, in the usual wholesale quantities and in the ordinary course of trade, for exportation to the United States, including the cost of all containers and coverings of whatever nature, and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, was the price as shown in the attached Schedule A; and that there was no higher foreign value for such or similar merchandise.

On the agreed facts, I find and bold export value, as defined in section 402a (d), Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, to be the proper basis for the determination of the values of the footwear involved and that such values are the prices set forth in said schedule “A.”

Judgment will issue accordingly.
```

[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Page 2397]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00588]

=======================================================================
-----------------------------------------------------------------------

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Sunshine Act Notice

AGENCY HOLDING THE MEETING: Equal Employment Opportunity Commission.

DATE AND TIME: Wednesday, January 16, 2013, 9:30 a.m. Eastern Time.

PLACE: Commission Meeting Room on the First Floor of the EEOC Office 
Building, 131 ``M'' Street NE., Washington, DC 20507.

STATUS: The meeting will be closed to the public.

MATTERS TO BE CONSIDERED: 

Closed Session

    Agency Adjudication and Determination on Federal Agency 
Discrimination Complaint Appeals.

    Note:  Any matter not discussed or concluded may be carried over 
to a later meeting. (In addition to publishing notices on EEOC 
Commission meetings in the Federal Register, the Commission also 
provides a recorded announcement a full week in advance on future 
Commission sessions.)

    Please telephone (202) 663-7100 (voice) and (202) 663-4074 (TTY) at 
any time for information.

CONTACT PERSON FOR MORE INFORMATION: Bernadette B. Wilson, Acting 
Executive Officer on (202) 663-4077.
    This Notice issued January 9, 2013.

    Dated: January 9, 2013.
Bernadette B. Wilson,
Acting Executive Officer, Executive Secretariat.
[FR Doc. 2013-00588 Filed 1-9-13; 4:15 pm]
BILLING CODE 6570-01-P
```
Before the Third Division,

December 26, 1939

No. 42912.

#### Protest 974629-G/88308 of Oscar Leistner, Inc. (Chicago).

Opinion by

Keefe, J.

On the authority of Abstract 40725 the sick feeders in question were held dutiable at only 60 percent under paragraph 212 as claimed.
No. 51466.

#### Protests 125143-K, etc., of American Fabrics Co. et al. (New York).

Opinion by

Kincheloe, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
#### James E. Brett and others, *Respondents, v.*Thomas Minford and others, *Appellants.*

Judgment reversed, new trial ordered, costs to abide event. Opinion by Brady, J.
December 21, 1955

No. 59617.

Suit 4814.

#### United States *v.*Tropical Craft Corporation, successors to Tropical Craft Import & Export Corp.

C. D. 1589 reversed June 15, 1955. C. A. D. 598.
1-900 JACKPOT, INC. (FORMERLY PULTRONEX CORPORATION)
                                CERTIFICATION OF
                           PRINCIPAL EXECUTIVE OFFICER
                       PURSUANT TO18 U.S.C. SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002

I, Brian  Fisher,  solely for the purpose of  complying  with 18 U.S.C.  Section
1350,  as adopted  pursuant  to Section 906 of the  Sarbanes-Oxley  Act of 2002,
hereby  certify  that to my  knowledge  Annual  Report  of 1-900  Jackpot,  Inc.
(formerly  Pultronex  Corporation)  on Form 10-KSB for the year ended August 31,
2003 ("Report")  fully complies with the  requirements of Section 13(a) or 15(d)
of the Securities  Exchange Act of 1934 and that  information  contained in such
Form 10-QSB fairly presents in all material respects the financial condition and
results of operations of 1-900 Jackpot, Inc. (formerly Pultronex Corporation).



DATE:  NOVEMBER 22, 2005

/S/ BRIAN FISHER
------------------------
    BRIAN FISHER
PRINCIPAL EXECUTIVE OFFICER




A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
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.
No. 38914.

#### Protest 938124-G of Cudahy Packing Co. (Boston).

Opinion by

Brown, J.

On the record presented certain of the wool in question was held dutiable at 29 cents per pound under paragraph 1102 (a) and another lot at 24 cents per pound under paragraph 1101 (a).
No. 41839.

#### Protests 77536-G, etc., of Stern Bros. (New York).

Opinion by

Tilson, J.

It was stipulated that certain of the items consist of Normandy laces similar to those involved in *Amrein*v. *United States*(T. D. 49551). The claim at 75 percent under paragraph 1430 was therefore sustained.
#### The President, etc., of the Bank of Mobile, *Respondent, v.*The Phœnix Insurance Company, *Appellant.*

Judgment reversed, new trial granted, costs to abide event. Opinion by Dwight, J.
I 

118TH CONGRESS 

2D SESSION H. R. 8410 

To prohibit judges from issuing gag orders in certain circumstances. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2024 

Mr. OGLES (for himself, Mr. GOOD of Virginia, Mrs. LUNA, Mrs. 

HARSHBARGER, Mr. CRANE, and Mr. BURLISON) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To prohibit judges from issuing gag orders in certain 

circumstances. 

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 ‘‘Let Trump Speak 

5 Act’’. 

6 SEC. 2. PROHIBITION ON GAG ORDERS. 

7 No judge of the United States or of any State may 

8 issue a gag order to the defendant in any criminal or civil 

9 proceedings except to prevent the disclosure of confidential 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 8410 IH

1 information provided in discovery, to protect the privacy 

2 of minors, or as part of a plea agreement. 

3 SEC. 3. RIGHT OF ACTION. 

4 Anyone issued a gag order in violation of this Act 

5 may commence a civil action seeking injunctive relief in 

6 the appropriate United States district court. 

7 SEC. 4. RULE OF CONSTRUCTION. 

8 Nothing in this Act may be construed as limiting a 

9 judge’s authority to issue orders to officers of the court. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
### NUMBER 13
- 1 5
- 00254
- C V
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI
- EDINBURG

IN R E H.E.B. GROCERY COMPANY, L.P.

On Petition for Writ of Mandamus and Emergency Motion to Stay the Trial Court Proceedings

.



## ORDER

Before Chief Justice Valdez and Justices Benavides and Perkes Per Curiam Order

On June 3, 2015 , H.E.B. Grocery Company, L.P. fi led a petition for writ of

mandamus and a n emergency motion to stay the trial court proceedings pen ding resolution of the petition

. Through this original proceeding, r elator contends that the trial

court abused its discretion in denying relator’s motion requesting a physical examination of the real party in interest, Daniel Rodriguez. See generally T EX

. R

. C IV

. P. 204.1. By

the emergency motion to stay, relator seeks to stay all trial court proceedings, including discovery, hearings , and the current trial setting of June 15, 2015, pending resolution of

this cause

.2

The Court requests that the real party in interest, Daniel Rodriguez, or any others whose interest would be directly affected by the relief sought, file a response to the petition for writ of mandamus on or before the expiration of the business day on Tuesday,
June 9, 2015. See T EX

. R. A PP

. P

. 52.2, 52.4, 52.8. Relator’s emergency motion to stay will be carried with the case pending review of the response or further order of this Court.
IT IS SO ORDERED.

PER CURIAM

D elivered and filed the 4th day of June , 2015

.
[Federal Register Volume 72, Number 55 (Thursday, March 22, 2007)]
[Notices]
[Page 13511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5244]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-922-07-1310-FI; COC64228]


Notice of Proposed Reinstatement of Terminated Oil and Gas Lease

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed reinstatement of terminated oil and gas 
lease.

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

SUMMARY: Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 
3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a 
petition for reinstatement of oil and gas lease COC64228 from Tatonka 
Oil and Gas Company, LLC for lands in Moffat County, Colorado. The 
petition was filed on time and was accompanied by all the rentals due 
since the date the lease terminated under the law.

FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Milada 
Krasilinec, Land Law Examiner, Branch of Fluid Minerals Adjudication, 
at 303.239.3767.

SUPPLEMENTARY INFORMATION: The lessee has agreed to the amended lease 
terms for rentals and royalties at rates of $20.00 per acre or fraction 
thereof, per year and 18\2/3\ percent, respectively. The lessee has 
paid the required $500 administrative fee and $163 to reimburse the 
Department for the cost of this Federal Register notice. The lessee has 
met all the requirements for reinstatement of the lease as set out in 
Section 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 
U.S.C. 188), and the Bureau of Land Management is proposing to 
reinstate lease COC64228 effective December 1, 2006, under the original 
terms and conditions of the lease and the increased rental and royalty 
rates cited above.

    Dated: March 15, 2007.
Milada Krasilinec,
Land Law Examiner.
[FR Doc. E7-5244 Filed 3-21-07; 8:45 am]
BILLING CODE 4310-JB-P
#### The Attorney-General *v.*The North America Life Insurance Company.

Matter of payment of dividend to attorney. Reargument ordered. Bockes, J., not acting.
-86 -84 -82 -80 -78 -76 -74 -72

32 34 36 38 40 

### ★ ▲ ▲ ▲ ▲



### ★ ▲ ▲ ▲ ▲ 500 1000 1500 500 18 12 06 00 09/26 

### NOAA HYSPLIT MODEL 

## Backward trajectory ending at 2300 UTC 26 Sep 07

EDAS Meteorological DataSource★at 38.81 N 76.74 WMeters AGL
#### Jeremiah Barry, *Administrator, etc., Respondent, v.*The New York Central and Hudson River Railroad Company, *Appel*lant.

Judgment and order affirmed, with costs.
**Exhibit 23.1**

 

**Consent of Pender Newkirk & Company LLP**

**Independent Registered Public Accounting Firm**

 

Board ofDirectors and Shareholders 

UTEK Corporation 

Plant City,Florida 

 

We consent to the incorporation by reference in Registration StatementNos. 333-117311 and 333-130917 (Forms S-8) pertaining to the UTEK Corporation Amended and Restated Employee Stock Option Plan and the UTEK Corporation Amended and Restated Non-Qualified Stock Option Plan of our reports dated January 27, 2006 withrespect to the December 31, 2005 and 2004 consolidated financial statements, including schedules of investments of UTEK Corporation included in the Annual Report (Form 10-K) for the year ended December 31, 2005. 

 

/s/ Pender Newkirk & Company LLP 

 

Pender Newkirk & Company LLP 

Certified Public Accountants 

Tampa, Florida 

February 15, 2006