alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Kelly Lee TANNER, Petitioner, v. E.K. MCDANIEL, Respondent.

No. 02-17333.

United States Court of Appeals, Ninth Circuit.

Submitted May 10, 2004.*

Decided May 18, 2004.

John C. Lambrose, Esq., Jason F. Carr, Esq., Federal Public Defender’s Office, Las Vegas, NV, for Petitioner.

Robert E. Wieland, DAG, Office of the Attorney General, Reno, NV, for Respondent.

Before: CANBY, KOZINSKI and PAEZ, Circuit Judges.

This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Nevada state prisoner Kelly Tanner appeals the dismissal of his 28 U.S.C. § 2254 petition challenging his guilty-plea conviction for first degree murder and battery with intent to commit sexual assault and his sentence of consecutive life terms. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we reverse and remand.

Tanner contends that, although the procedural rule invoked has been held adequate generally, the construction of the rule applicable to this particular set of facts was not announced by the Nevada comets until after the default and therefore renders it inadequate to bar federal habeas review. We agree. We have held that the Nevada procedural rule at issue, section 34.726(1) of the Nevada Revised Statutes, is sufficiently adequate to bar federal habeas review. *Moran v. McDaniel,*80 F.3d 1261, 1269 (9th Cir.1996). Application of this generally sound rule to the particular circumstances of this case, however, renders the rule inadequate to foreclose federal habeas review. *See Lee v.*
      *203
      *Kemna,*534 U.S. 362, 376, 122 S.Ct. 877, 151 L.Ed.2d 820 (2002).

The procedural rule invoked provides that “a petition that challenges the validity of a judgment or sentence must be filed within 1 year after entry of the judgment of conviction or, if an appeal has been taken from the judgment, within 1 year after the supreme court issues its remittitur.” Nev.Rev.Stat. § 34.726(1). Tanner’s petition for post-conviction relief was in fact filed within 1 year after the Nevada Supreme Court issued its remittitur dismissing his direct appeal as untimely. In dismissing Tanner’s petition, however, the Nevada Supreme Court cited *Dickerson v. State,*114 Nev. 1084, 967 P.2d 1132 (1998), which construed section 34.726(1) to mean that the one-year period for filing a petition for post-conviction relief begins to run from the issuance of the remittitur from a *timely*direct appeal. *Dickerson*was filed after Tanner’s default occurred in February 1997. The provision of the rule dispositive of Tanner’s petition for post-conviction relief was therefore not “firmly established and regularly followed” at the time it was applied by the state court. *Ford v. Georgia,*498 U.S. 411, 423-24, 111 S.Ct. 850, 112 L.Ed.2d 935 (1991).

REVERSED AND REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
CERTIFICATION
  1.
    
    I have reviewed this quarterly report on Form 10-Q of PowerSecure International, Inc.;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;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this 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
report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and have:




---



##### 



5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
   Date:  May 6, 2010
    /s/ Sidney HintonSidney HintonPresident and Chief Executive Officer
1 Subject: Re: question re: in press EHP paper

Attachments: analysis-pgm1-AP-LF-interaction methylat ion9909 Main 2014_02_12 - for EPA.xlsx; analysispgm1-AP-LF-interaction methylation9909 interactions 2013_04_30 - for EPA.xlsx

From: Lepeule, Johanna [ mailto:jlepeule@hsph.harvard.edu ]

Sent: Friday, June 27, 2014 2:52 AM

To: Patel, Molini

Subject: Re: question re: in press EHP paper



### Dear Molini,

Please find attached the requested estima tes. I hope everything is clear. If not , do not hesitate to ask for further

information.

Thanks for the consideration of our work,

Best regards,

Johanna

Le 23 juin 2014 à 22:02, Patel, Molini < Patel.Molini@epa.gov > a écrit :

Dear Johanna,

Our office is currently developing the Integrated Science Assessment of Oxides of Nitrogen and

reviewing your “in press” paper in EHP, “ Epigenetic Influences on Associations between Air Pollutants

and Lung Function in Elderly Men: The Normative Aging Study .”

We are interested in the results you report in several figures and hope you would share with us the

quantitative results (effect estimates and 95% CI). Specifically, we are interested in the NO2 results

from Figure 1 and Figure S2. For Figure S2, we appreciate quantitative results for some of th e gen es

evaluated, for example, IL

‐ 6 mean, iNOs mean, and TLR

‐ 2 position 5.

Thank you for your consideration!

Molini

Molini M. Patel, PhD, MPH

Epidemiologist

U.S. Environmental Protection Agency

National Center for Environmental Assessment

Mailcode: B243

‐ 01

Research Triangle Park, NC 27711

Phone: 919.541.1492, Fax: 919.541.1818, Email: patel.molini@epa.gov
<TABLE> <S> <C>


<ARTICLE>                                           7
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                         0000882087
<NAME>                        Cumberland Technologies, Inc.
<MULTIPLIER>                                   1
<CURRENCY>                                     US DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   JUN-30-1999
<EXCHANGE-RATE>                                1
<DEBT-HELD-FOR-SALE>                           1,311,690
<DEBT-CARRYING-VALUE>                          861,448
<DEBT-MARKET-VALUE>                            0
<EQUITIES>                                     461,500
<MORTGAGE>                                     43,868
<REAL-ESTATE>                                  0
<TOTAL-INVEST>                                 3,108,745
<CASH>                                         4,473,674
<RECOVER-REINSURE>                             3,185,175
<DEFERRED-ACQUISITION>                         1,435,830
<TOTAL-ASSETS>                                 17,066,716
<POLICY-LOSSES>                                3,354,120
<UNEARNED-PREMIUMS>                            4,372,116
<POLICY-OTHER>                                 194,729
<POLICY-HOLDER-FUNDS>                          0
<NOTES-PAYABLE>                                2,306,559
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       5,763
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   17,066,716
<PREMIUMS>                                     4,429,255
<INVESTMENT-INCOME>                            176,018
<INVESTMENT-GAINS>                             9,946
<OTHER-INCOME>                                 705,636
<BENEFITS>                                     1,058,079
<UNDERWRITING-AMORTIZATION>                    1,586,837
<UNDERWRITING-OTHER>                           2,085,663
<INCOME-PRETAX>                                482,712
<INCOME-TAX>                                   120,000
<INCOME-CONTINUING>                            362,712
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   362,712
<EPS-BASIC>                                  0.07
<EPS-DILUTED>                                  0
<RESERVE-OPEN>                                 0
<PROVISION-CURRENT>                            0
<PROVISION-PRIOR>                              0
<PAYMENTS-CURRENT>                             0
<PAYMENTS-PRIOR>                               0
<RESERVE-CLOSE>                                0
<CUMULATIVE-DEFICIENCY>                        0



</TABLE>
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

February 19, 2008 Clifford W. Taylor,

 Chief Justice 

135329 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

KELLEY DENK,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 135329 

 COA: 276746 

Macomb CC: 04-004281-NH 

JEFFREY C. MARDEROSIAN, D.D.S., and 

PROFESSIONAL ENDODONTICS, P.C., 

Defendants-Appellants. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the October 16, 2007 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

0211 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

February 19, 2008 

 Clerk
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

TONI BRACKEN, ADMINISTRATRIX OF

THE ESTATE OF WILLIAM BRACKEN,

DECEASED

 v.

BURCHICK CONSTRUCTION

COMPANY, INC., PATENT

CONSTRUCTION COMPANY AND

HARSCO CORPORATION.

PETITION OF: KUSLER MASONRY, INC.

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 8 WAL 2015

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 29th day of July, 2015, the Petition for Allowance of Appeal is

DENIED.
<PAGE>   1


                                                                   Exhibit 10.43



                                PROMISSORY NOTE

Santa Maria, California                               Principal Amount: $25,000
                                                                 March 14, 1999


FOR VALUE RECEIVED Golf One Industries, Inc., a Delaware corporation, having an
address of 2811 Airpark Drive, Santa Maria, California 93455 ("BORROWER"),
unconditionally promises to pay to Michael Freilich, a California resident, or
registered assigns, ("LENDER") Twenty Five Thousand Dollars ($25,000) together
with interest thereon at a rate of 15% per annum from the date hereof. This
Note is issued pursuant to an investment in a $25,000 unit purchase.

1.  Payments; Maturity Date.  The principal and interest of this Note shall be
payable 120 days from the date of execution (the "MATURITY DATE"). All payments
shall be sent to Lender's address as set forth in the Loan Agreement, or such
address as later specified by Lender or any successor in writing to Borrower.

2.  Shares.  The Lender shall receive Five Thousand (5,000) shares of Common
Stock of Borrower.

3.  Application of Payment.  All payments made under this Note shall be applied
first against payment of interest accrued to the date of any payment and then
against principal due.


                                             BORROWER:
                                             Golf One Industries, Inc.


                                             By: /s/  A.J. CERVANTES
                                                 -----------------------------
                                                 A.J. Cervantes, President
James D. GISONDI, Appellant, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellee.

Case No. 2D16-3960

District Court of Appeal of Florida, Second District.

Opinion filed February 2, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
----

Exhibit 32.1 

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

 Solely for the purposes of complying with, and the extent  required by 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley  Act of 2002, the undersigned certifies, in his capacity as the Chief Executive  Officer of Century Milestone S&T Co., Ltd., that, to his knowledge, the  Annual Report of the Company on Form 10-KSB for the year-ended December 31,  2001, fully complies with the requirements of Section 13(a) or 15(d) of the  Securities Exchange Act of 1934 and that the information contained in the report  fairly presents, in all material respects, the company’s financial condition  and results of operations.

| October 7, 2003 | /s/ Michael Harrop                      |
|-----------------|-----------------------------------------|
|            |                                         |
|            | Michael Harrop, Chief Executive Officer |

----
#### Phillips v Auto Club Insurance Association,

No. 91013;

Court of Appeals No. 120895.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000882343
<NAME> 90BC
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                         140,791
<SECURITIES>                                         0
<RECEIVABLES>                                  169,409
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               310,200
<PP&E>                                       9,623,172
<DEPRECIATION>                               7,991,561
<TOTAL-ASSETS>                               1,941,811
<CURRENT-LIABILITIES>                           37,325
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   1,904,486
<TOTAL-LIABILITY-AND-EQUITY>                 1,941,811
<SALES>                                        687,189
<TOTAL-REVENUES>                               693,989
<CGS>                                                0
<TOTAL-COSTS>                                  351,544
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                342,445
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            342,445
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   342,445
<EPS-BASIC>                                      28.50
<EPS-DILUTED>                                        0


</TABLE>
**EXHIBIT 23**

**CONSENT OF PRICEWATERHOUSECOOPERS LLP**

**CONSENT OF INDEPENDENT REGISTEREDPUBLIC ACCOUNTING FIRM**

We hereby consent to theincorporation by reference in the Registration Statements on Form S-3 (Nos.333-138419, 333-133041, 333-122193, 333-111480, 333-105733, 333-87905,333-67511, 333-65211, 333-64203, 333-24615, 333-20005, 333-13943, and333-01569) and in the Registration Statements on Form S-8 (Nos. 333-105734,333-85574, 333-85549, 333-65223, 333-65193, 333-65221, 333-13481, 333-02329 )of New Plan Excel Realty Trust, Inc. of our report dated February 26, 2007relating to the financial statements, financial statement schedules, management’sassessment of the effectiveness of internal control over financial reportingand the effectiveness of internal control over financial reporting, whichappears in this Form 10-K.

/s/PricewaterhouseCoopers LLP

New York, New York

February 26, 2007

----
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2



## FEB 2 8 2011 Honorable Andrew M. Cuomo Governor ofthe State ofNew York State Capitol Albany, NY 12224 Dear Governor Cuomo: 290 BROADWAY NEW YORK, NY 10007-1866

On June 3, 2010, the U.S. Environmental Protection Agency (EPA) revised the healthbased National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (S02) by establishing a new !-hour standard at a level of75 parts per billion (ppb). This new !-hour standard will protect public health by reducing people's exposure to high short-term (5-minutes to 24-hours) concentrations ofS02• 

### An area meets the new standard whenthe 3-year average ofthe 99th percentile of 1-hour 

### daily maximum concentrations does not exceed 75 ppb. Section 107(d)(l) ofthe CleanAir Act (CAA) describes the process EPA follows for designating areas as meeting ornot meeting a new orrevised NAAQS. Within one year of establishing a new or revised standard, each governor mustrecommend a designation of attainment, nonattaimnent or unclassifiable, with appropriate boundaries, for areas within their jurisdiction. Therefore, we ask that your state provide designation recommendations, including appropriate area boundaries, for all areas by June 3, 2011, with respect to the 1-hour

## so2 NAAQS. The enclosed memorandumprovides guidance to state and local 

### air pollution control agencies and tribes onthe timeline and process for designating areas underthe revised 

## so2 standard. We plan to announce ourintended designations no later

### than 120 days prior to promulgating final designations. Followingthe announcement ofintended designations, states andtribes will have the opportunity to comment on any modifications EPA proposes to their recommendations. EPA intends to complete designations by no later than June 3, 2012. Establishing area designations is a key step in the process ofprovidingthe health protection intended by the CAA. Should you have questions regarding this matter, please do not hesitate to contact me or have your staffcontact Raymond Werner, ChiefAirPrograms Branch, at 212-637-3706. Sincerely, 

### 'al'fi-1 

# 9f.**It""'~** udith A. Enck Regional Administrator

lntemetAddress (URL) • ht!p://www.epa.gov R..:yclediFI..:yc

.. blt> •Printed will Vegetab!IJ 01Sued Inks on ReeyciB<I**Paper~** 30% Postconsumef)

### Enclosure Cc: Joe Martens, Acting Commissioner New York State Department ofEnvironmental Conservation
EXHIBIT 32.2


                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                       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 accompanying Annual Report on Form 10-KSB for
the period ended December 31, 2003 (the "Report") of Airlease Ltd., A California
Limited Partnership (the "Partnership"), I, Robert A. Keyes, Chief Financial
Officer of Airlease Management Services, Inc., the General Partner of the
Partnership, hereby 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 results of operations of
         the Partnership.


Dated: March 18, 2004                               /s/ ROBERT A. KEYES
                                                    _______________________
                                                    Robert A. Keyes
                                                    Chief Financial 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
REQUIRED BY SECTION 906, HAS BEEN PROVIDED TO AIRLEASE LTD., A CALIFORNIA
LIMITED PARTNERSHIP, AND WILL BE RETAINED BY AIRLEASE LTD., A CALIFORNIA LIMITED
PARTNERSHIP, AND FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS
STAFF UPON REQUEST.
<PAGE>
                                                                    Exhibit 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                       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 Metretek Technologies, Inc. (the
"Company") on Form 10-Q for the quarterly period ended September 30, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, A. Bradley Gabbard, Executive Vice President and Chief Financial
Officer of the Company, hereby 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 result of operations of
          the Company.


Date: November 14, 2005                  /s/ A. Bradley Gabbard
                                         ---------------------------------------
                                         A. Bradley Gabbard
                                         Executive Vice President and
                                         Chief Financial Officer

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.
<PAGE>   1
                                                                    EXHIBIT 11.1

                              CHEMTRAK INCORPORATED

                     COMPUTATION OF INCOME (LOSS) PER SHARE

<TABLE>
<CAPTION>
                                                       Three months ended                    Six months ended
                                                            June 30,                              June 30,
                                                 ------------------------------        ------------------------------
                                                    1996               1995               1996                1995
                                                 -----------        -----------        -----------        -----------
<S>                                              <C>                <C>                <C>                <C>
Weighted average common shares outstanding         9,773,000          9,660,000          9,743,000          9,587,000
                                                 ===========        ===========        ===========        ===========
Net Income (loss)                                $(2,789,000)       $(1,115,000)       $(4,285,000)       $(3,482,000)
                                                 ===========        ===========        ===========        ===========
Net Income (loss) per share                      $     (0.24)       $     (0.12)       $     (0.44)       $     (0.36)
                                                 ===========        ===========        ===========        ===========
</TABLE>