alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ROBERT ERLER,

 Plaintiff - Appellant,

 v.

CONNIE BISBEE; et al.,

 Defendants - Appellees.

No. 14-16981

D.C. No. 3:14-cv-00340-LRHVPC

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Larry R. Hicks, District Judge, Presiding

Submitted August 25, 2015** 

Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges. 

Nevada state prisoner Robert Erler appeals pro se from the district court’s

judgment dismissing his 42 U.S.C. § 1983 action alleging due process and equal

protection violations in connection with his parole hearings. We have jurisdiction

under 28 U.S.C. § 1291. We review de novo. Huftile v. Miccio-Fonseca, 410 F.3d

FILED

SEP 03 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
1136, 1138 (9th Cir. 2005) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii));

Ramirez v. Galaza, 334 F.3d 850, 853 (9th Cir. 2003) (dismissal under 28 U.S.C. 

§ 1915A). We reverse and remand.

The district court dismissed Erler’s action under Wilkinson v. Dotson, 544

U.S. 74 (2005), because it concluded that Erler’s claims sound in habeas and

challenge the validity of his confinement. However, because Erler sought a new

parole hearing and not immediate or speedier release, success in this action would

not necessarily demonstrate the invalidity of Erler’s continued confinement or its

duration. See id. at 81-82 (allowing procedural challenges to parole hearings

because the injunctive and declaratory relief that plaintiffs sought under § 1983

“would not necessarily spell immediate or speedier release”); see also Edwards v.

Balisok, 520 U.S. 641, 648 (1997) (“Ordinarily, a prayer for . . . prospective relief

[to engage in a particular procedure] will not ‘necessarily imply’ the invalidity of a

previous [decision], and so may properly be brought under § 1983.”). 

Accordingly, we reverse the dismissal of Erler’s action. We express no opinion on

the merits of Erler’s claims or his entitlement to the relief sought.

 In light of our disposition, we do not consider Erler’s contentions regarding

the denial of his Federal Rule of Civil Procedure 60(b) motion for reconsideration.

REVERSED and REMANDED.

2 14-16981
Exhibit 10.1


---








The Directors
Reuters Group PLC
85 Fleet Street
London EC4P 4AJ



30 June 2004

Consent of Independent Registered Public Accounting Firm

We hereby
    consent to the incorporation by reference in the Registration Statements
    on Forms S-8 (No. 33-16927, No. 33-90398, No. 333-59981, No. 333-57266 and
    No. 333-104065) of Reuters Group PLC of our report dated 3 March 2004 relating
    to the financial statements of Reuters Group PLC, which appears in this Annual
    Report
    on Form
20-F.

/s/ PricewaterhouseCoopers
    LLPPricewaterhouseCoopers LLPLondon, England



PricewaterhouseCoopers LLP is a limited liability partnership registered in England with registered number OC303525. The registered office of PricewaterhouseCoopers LLP is
1 Embankment Place, London WC2N 6RH.
PricewaterhouseCoopers LLP is authorised and regulated by the Financial Services Authority for designated investment business.

---
Exhibit 32.1





TRC COMPANIES, INC.





Certification of Chief Executive Officer


Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002


(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)





Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), each of the undersigned officers of TRC Companies, Inc., a Delaware corporation (the Company), does hereby certify, to such officer's knowledge, that:





The Quarterly Report on Form 10-Q for the fiscal quarter ended December 24, 2010 (the Form 10-Q) of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.


Date:February 2, 2011/s/   Christopher P. VinczeChristopher P. VinczeChief Executive Officer
No. 54927.

#### Alexanders Dept. Stores, Inc., et al. *v.*United States,

protests 152222-K, etc. (New York).

Opinion by

Ekwall, J.

It was stipulated that the Federal Reserve bank certified dual rates of exchange for the currencies involved in the liquidation of the entries for the dates of exportation of the merchandise covered by the entries and that the circumstances relating to the liquidation of the said entries are similar in all material respects to those in Abstract 54732. In view of this stipulation and following the cited decision it was held that the currencies of the invoices covered by certain enumerated entries should have been converted in the manner directed by the judgment of this court in said Abstract 54732, in accordance with Bureau of Customs Circular Letter No. 2675, dated October 19, 1949.
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Home                 > Browse by Title > Impact on Workers and Community of a Plant Shutdown in a Depressed Area

              																	Wilcock, Richard C. 						*Impact on Workers and Community of a Plant Shutdown in a Depressed Area : Bulletin of the United States Bureau of Labor Statistics, No. 1264*,												Washington, D.C: 								G.P.O., 										June 1960,									https://fraser.stlouisfed.org/title/4546,			accessed on September 25, 2024.						    

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No. 42040.

#### Protests 987966-G, etc., of Selsi Co., Inc. (New York).

Opinion by

Dallinger, J.

In accordance with stipulation of counsel and on the authority of *Selsi*v. *United States*(C. D. 147) aneroid barometers and parts were held dutiable at 27% percent under paragraph 372 as claimed.
**Exhibit 23.1**

**CONSENT OFINDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to theincorporation by reference in the Registration Statements (Form S-8Nos. 333-136126, 333-120061, 333-100077, 333-58168;Form S-3 Nos. 333-140119, 333-134084, 333-131332,333-123619, 333-118187, 333-116696, 333-111287, 333-108752and 333-76738) of Inovio Biomedical Corporation and in the relatedProspectus of our reports dated March 15, 2007, with respect to theconsolidated financial statements of Inovio Biomedical Corporation, InovioBiomedical Corporation management’s assessment of the effectiveness of internalcontrol over financial reporting, and the effectiveness of internal controlover financial reporting of Inovio Biomedical Corporation, included in thisAnnual Report (Form 10-K) for the year ended December 31, 2006.

/s/ Ernst & YoungLLP

San Diego, California

March 15, 2007

----
Exhibit 12.2
CERTIFICATION
I, Paul J. Weyandt, certify that:
1. I have reviewed this annual report on Form 20-F for the fiscal year ended December 31, 2004,of TFM, S.A. de C.V. and Grupo Transportación Ferroviaria Mexicana, S.A. de C.V.;
2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;
3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the company as of, and for, the periods presented in this report;
4. The company’s other certifying 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 company and have:
 (a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the company, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  (b) Evaluated the effectiveness of the company’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and  (c) Disclosed in this report any change in the company’s internal control over financialreporting that occurred during the period covered by the annual report that has materiallyaffected, or is reasonably likely to materially affect, the company’s internal controlover financial reporting; and
2. The company’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the company’s auditors and theaudit committee of the company’s board of directors (or persons performing the equivalentfunctions):
 (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe company’s ability to record, process, summarize and report financial information; and  (b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the company’s internal control over financial reporting.
     Date: July 15, 2005                                                                  /s/ Paul J. Weyandt   Paul J. Weyandt   Interim Chief Financial Officer
**Exhibit 32**

**Certification**

 

The certification set forth below is being submittedin connection with the quarterly report on Form 10-Q for the period ending June30, 2004 (the “Report”) to the Securities and Exchange Commission solely forthe purpose of complying with Section 13a-14(b) or Rule 15d-14(b) of theSecurities Exchange Act of 1934 (the “Exchange Act”) and 1350 of Chapter 63 ofTitle 18 of the United States Code, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002.

 

A. W. Bergeron, the President and Pam Strunk, theChief Financial Officer of AES Red Oak, L.L.C., each certifies that, to thebest of his or her knowledge:

 

1.             the Report fully complies with therequirements 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 ofAES Red Oak, L.L.C.

 

 
|   | /s/  A.W. Bergeron          |   |
|--------|-----------------------------|--------|
|   |                        |   |
|   | Name: A.W. Bergeron         |   |
|   | President                   |   |
|   |                        |   |
|   |                        |   |
|   |   /s/ Pam  Strunk |   |
|   |                        |   |
|   | Name: Pam Strunk            |   |
|   | Chief Financial Officer     |   |

 

Date:  August 9, 2004

 

A signed original of this written statement required by Section 906 hasbeen provided to AES Red Oak, L.L.C., and will be retained by AES Red Oak,L.L.C., and furnished to the Securities and Exchange Commission or its staffupon request.

 

----
<PAGE>

                                                                   Exhibit 10.29



                                                March 1, 1999

Eric Hippeau
Ziff-Davis Inc.
One Park Avenue
New York, NY 10016

                     Re:  Employment Agreement
                          --------------------

Dear Eric:

     This letter is to confirm our agreement to amend the Employment Agreement
dated as of April 1, 1998 to delete the annual incentive bonus provided for in
Section 4(b) for the year 1998 and subsequent years.

     In lieu of the incentive bonus, it is the intention of Ziff-Davis Inc. to
provide you with options from time to time in such amounts as the Compensation
Committee and Incentive Compensation Plan Committee shall determine.

     Please indicate your agreement by signing in the space provided below.

                                                Ziff-Davis Inc.


                                                By: /s/ J. MALCOLM MORRIS
                                                    _____________________


Accepted and agreed:


/s/ ERIC HIPPEAU
______________________
Eric Hippeau
<PAGE>

                                                                    Exhibit 23.1


                   CONSENT OF KPMG LLP, INDEPENDENT AUDITORS



The Board of Directors
SonoSite, Inc.:

We consent to incorporation by reference in the registration statements (Nos.
333-51820, 333-82739, 333-49401 and 333-74833) on Form S-8 of SonoSite, Inc. of
our report dated February 7, 2001, relating to the balance sheets of SonoSite,
Inc. as of December 31, 2000 and 1999, and the related statements of operations,
cash flows and shareholder's equity and comprehensive loss for each of the years
in the three-year period ended December 31, 2000 and the related financial
statement schedule, which report appears in the December 31, 2000 annual report
on Form 10-K of SonoSite, Inc.



KPMG LLP
Seattle, Washington
March 28, 2001
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 Shoreside Investments, Inc. (the
"Company")  on Form 10-QSB for the period ended September 30, 2002 as filed with
the  Securities  and  Exchange  Commission on the date hereof (the "Report"), I,
Robert  M. Karz, 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  to  the  best  of  my  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  result of operations of the
Company.



                         /s/Robert  M.  Karz
                         -------------------------
                         Chief  Financial  Officer
                         November  13,  2002
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19
- 6127

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. JOHN ROMA BRYAN, III , Defendant

- Appellant

.

Appeal from the United States District Court for the Western District of Virginia , at Big Stone Gap

. James P. Jones , District Judge. ( 2:15

- cr - 00015

- JPJ

- 6; 2:17

- cv - 81260

- JPJ

PMS )

Submitted : October 31, 2019 Decided: November 15, 2019

Before KING, THACKER, and QUATTLEBAUM , Circuit Judges.

Dismissed and remanded by un published per curiam opinion

. John Roma Bryan, III, Appellant Pro Se. Erin Marie Harrigan Kulpa, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: John Roma Bryan , III, seeks to app eal the district court’s order denying his motion filed pursuant to 28 U.S.C. § 2255 (2012). Although the parties have not questioned our jurisdiction, we “ha ve an independent obligation to verify the existence of appellate jurisdiction.” Williamson v. S tirling , 912 F.3d 154, 168 (4th Cir. 2018) (internal quotation marks omitted). We may exercise jurisdiction only over final orders and certain interlocutory and collateral orders. 28 U.S.C. §§ 1291, 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541, 545

- 46 (1949). Our review of the record reveals that the district court’s order is not a final order because the court did not rule on Bryan’s claims challenging the adequacy of the factual basis supporting his guilty ple a to the firearm offense and asserting that counsel was ineffective at sentencing for failing to advise Bryan of U.S. Sentencing Guidelines Manual § 5K2.23 , p.s. (2015) , and to argue for a downward departure under that Guidelines provision , all raised in his response to the Government’s “ Motion to Dismiss in Response to Petitioner’s [§] 2255 Petition

. ” See Porter v. Zook , 803 F.3d 694, 696

- 97 (4th Cir. 2015)

. Accordingly, we dismiss the appeal as interlocutory and remand to the district co urt for c onsideration of the unresolved claims

. See id. at 699. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSE D AND REMANDED
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 Defense

###### Department of the Air Force 

# AGENCY:

Department of the Air Force. 

# ACTION:

Record of Decision (ROD). 

# SUMMARY:

                        On January 12, 2007, the United States Air Force signed the ROD for the Establishment and Operation of an Intelligence, Surveillance, Reconnaissance, and Strike Capability, Andersen Air Force Base, Guam. The decision was based on matters discussed in the Final Environmental Impact Statement (EIS), inputs from the public and regulatory agencies, and other relevant factors. The Final EIS was made available on November 24, 2006 in the                         **Federal Register**                         (Volume 71, Number 226, Page 67864) with a wait period ending December 26, 2006. The Air Force was the National Environmental Policy Act (NEPA) lead agency with the Department of the Navy acting as a Cooperating Agency under NEPA. The ROD documents only the decision of the Air Force with respect to the proposed Air Force actions analyzed in the Final EIS.                     

# FOR FURTHER INFORMATION:

Jonathan Wald, 36 Civil Engineer Squadron, 671-366-2549. 

Bao-Anh Trinh, 

DAF, Air Force Federal Register Liaison Officer.

 [FR Doc. E7-893 Filed 1-22-07; 8:45 am] 

BILLING CODE 5001-05-P
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 Justice Drug Enforcement Administration
 Pursuant to § 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on September 5, 2006, Noramco Inc., 1440 Olympic Drive, Athens, Georgia 30601, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule I and II: Drug
ScheduleCodeine-N-Oxide (9053)
IMorphine-N-Oxide (9307)
IAmphetamine (1100)
IIMethylphenidate (1724)
IICodeine (9050)
IIDihydrocodeine (9120)
IIHydromorphone (9150)
IIHydrocodone (9193)
IIMorphine (9300)
IIThebaine (9333)
IIOpium, raw (9600)
IIOpium poppy (9650)
IIAlfentanil (9737)
IISufentanil (9740)
IICarfentanil (9743)
IIFentanyl (9801)
II
 The company plans to manufacture small quantities of the Schedule I controlled substances for internal testing; the Schedule II controlled substances will be manufactured in bulk for distribution to its customers. Any other such applicant, and any person who is presently registered with the DEA to bulk manufacture such a substance, may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), Washington, DC 20537, or any being sent via express mail should be sent to Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 2401 Jefferson Davis Highway, Alexandria, Virginia 22301; and must be filed no later than July 13, 2007. Dated: May 7, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.


[FR Doc. E7-9200 Filed 5-11-07; 8:45 am] BILLING CODE 4410-09-P
Petition for Writ of Mandamus Denied and Memorandum Opinion filed 

September 1, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00644-CV

IN RE RED LINE LOGISTICS, LLC AND ZORAN HOLILOVIC, Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

127th District Court

Harris County, Texas

Trial Court Cause No. 2022-40875

MEMORANDUM OPINION

On August 30, 2023, relators Red Line Logistics, LLC and Zoran Holilovic

filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. 

§ 22.221; see also Tex. R. App. P. 52. In the petition, relators ask this Court to 

compel the Honorable Ravi K. Sandill, presiding judge of the 127th District Court

of Harris County, to vacate his July 21, 2023 oral order granting real party in 
2

interest Ramon Somoza’s motion for continuance of relators’ special appearances 

and ordering relators to respond to written discovery by September 5, 2023.

Relators have not established that they are entitled to mandamus relief. 

Accordingly, we deny relators’ petition for writ of mandamus. Additionally, all 

pending motions are denied as moot. 

PER CURIAM

Panel consists of Justices Wise, Zimmerer, and Poissant.