alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2010 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

5-11-2010

In Re: Frederick Banks

Precedential or Non-Precedential: Non-Precedential

Docket No. 10-1907

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2010

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2010 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"In Re: Frederick Banks " (2010). 2010 Decisions. Paper 1359.

http://digitalcommons.law.villanova.edu/thirdcircuit_2010/1359
ALD-184 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

 

No. 10-1907

 

IN RE: FREDERICK H. BANKS

 

On a petition for Writ of Mandamus 

 

Submitted Pursuant to Rule 21, Fed. R. App. P. 

April 29, 2010

Before: SLOVITER, AMBRO and SMITH, Circuit Judges

(Opinion filed: May 11, 2010)

 

 OPINION

 

PER CURIAM

Frederick H. Banks is a federal prisoner currently incarcerated at the Federal

Correctional Institution in Yazoo City, Mississippi (FCI-Yazoo City). On March 29,

2010, Banks, proceeding pro se, commenced an original proceeding in this Court by filing

a “Petition for Writ of Mandamus and Prohibition” pursuant to 28 U.S.C. § 1364. In his

petition, Banks alleges that officers at FCI-Yazoo City are unlawfully holding him in the

Special Housing Unit in order to prevent him from accessing his materials relating to a

pending appeal. Banks claims that the defendants’ conduct violates his “Fifth and Sixth

Amendment right to prosecute his appeal,” and asks the Court to “immediately discharge
2

[him] from unlawful confinement, provide his legal papers, and enjoin [the defendants]

from this conduct.” (Pet. 1.)

We will deny the petition. The remedy of mandamus is reserved for the most

“extraordinary situations.” DeMasi v. Weiss, 669 F.2d 114, 117 (3d Cir. 1982). In order

to ensure that mandamus is sparingly granted, a petitioner seeking a writ of mandamus

must demonstrate that no other adequate means are available to obtain the desired relief

and that the right to issuance of the writ is “clear and indisputable.” Allied Chem. Corp.

v. Daiflon, Inc., 449 U.S. 33, 35 (1980) (citations omitted); Media Gen. Operations v.

Buchanan, 417 F.3d 424, 434 (4th Cir. 2005). Because Banks has civil remedies

available, including an action pursuant to Bivens v. Six Unknown Federal Narcotics

Agents, 403 U.S. 388 (1971), which should be brought in the district court in the first

instance, Banks has not established that mandamus relief is warranted. 

Accordingly, we will deny the petition for a writ of mandamus.
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




In
connection with the Quarterly Report of China Agritech, Inc. (the “Company”) on
Form 10-Q for the period ended March 31, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Yau-Sing Tang, the
Chief Financial Officer and Controller of the Company, certify, pursuant to 18
U.S.C. § 1350, as adopted pursuant to § 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.  
Information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.





May 14, 2009
              /s/ Yau-Sing TangYau-Sing
      TangChief
      Financial Officer and Treasurer(Principal
      Financial Officer)
**Exhibit 31.2****CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**I, Mary Jane Robertson, Executive Vice President, Chief Financial Officer and Treasurer of Crum &Forster Holdings Corp., certify that: 1. I have reviewed this quarterly report on Form 10-Q of Crum & Forster Holdings Corp.;  2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this quarterly report;  3. Based on my knowledge, the financial statements, and other financial informationincluded in this quarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, and for, theperiods presented in this quarterly report;  4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and we have: (a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this quarterly report is being prepared;  (b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this quarterly report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of the periodcovered by this quarterly report based on such evaluation; and  (c) Disclosed in this quarterly report any change in the registrant’sinternal control over financial reporting that occurred during the registrant’s mostrecent fiscal quarter that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting; and 5. The registrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions): (a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process, summarize andreport financial information; and  (b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.       Date:November 2, 2006 By: /s/ *Mary Jane Robertson*             Mary Jane Robertson      Executive Vice President,      Chief Financial Officer and Treasurer
No. 09-9842.

#### Richard Schmidt, Petitioner v. Cornell Hubert, Warden.

560 U.S. 913, 130 S. Ct. 3295,

176 L. Ed. 2d 1198,

2010 U.S. LEXIS 4021,

May 17, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Fifth Circuit denied.
No. 09-7557.

#### Calvin Lorinzo Perry, Petitioner v. Virginia.

559 U.S. 1032, 130 S. Ct. 1944,

176 L. Ed. 2d 408,

2010 U.S. LEXIS 2546.

March 22, 2010.

Petition for rehearing denied.

Former decision, 558 U.S. 1153, 130 S. Ct. 1151, 175 L. Ed. 2d 982, 2010 U.S. LEXIS 585.
NEW HANOVER COUNTY BOARD OF EDUCATION v. STEIN, et al.

339A18-1

Supreme Court of North Carolina.

May 2, 2019

Paul Stam, Attorney at Law, Apex, R. Daniel Gibson, Attorney at Law, for The New Hanover County Board Of Education.

Amy O'Neal, Attorney at Law, for De Luca, Francis X., et al.

Jennie Wilhelm Hauser, Special Deputy Attorney General.

Mary MacLean Asbill, Attorney at Law, Brooks Rainey Pearson, Attorney at Law, Blakely E. Hildebrand, Attorney at Law, for North Carolina Coastal Federation, et al.

Marc Bernstein, Special Deputy Attorney General, Matthew W. Sawchak, Solicitor General, James W. Doggett, Deputy Solicitor General, Matt Burke, Solicitor General Fellow, for Stein, Josh (Attorney General).

Lindsey Vance Smith, Attorney at Law, Deborah R. Stagner, Attorney at Law, Raleigh, Allison Schafter, Attorney at Law, for NC School Boards Association.

Allison B. Schafer, Legal Counsel/Director of Policy.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 2nd of May 2019 by Defendant:

"Motion Allowed by order of the Court in conference, this the 2nd of May 2019."

Defendant shall have up to and including the 13th day of May 2019 to file and serve his/her brief with this Court.
#### Jermaine Eccleston, by His Mother and Natural Guardian, Claudette Eccleston, et al., Respondents, v New York City Health and Hospital Corporation, Appellant.

[718 NYS2d 861]

In an action, *inter alia,*to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Rings County (Clemente, J.), dated January 21, 2000, which granted the plaintiffs’ motion for judgment on the issue of liability and the damages previously approved by this Court, and to sever those claims for damages which were directed for retrial by this Court.

Ordered that the order is affirmed, with costs.

Initially, the defendant’s contention that the Supreme Court had no authority to sever the plaintiffs’ claims for those damages which this Court directed to be retried *(see, Eccleston v New York City Health & Hosp. Corp.,*266 AD2d 426), is unpreserved for appellate review because that contention was never raised before the Supreme Court *(see, Trinity Petroleum Sys. v Wenger Contr. Co.,*262 AD2d 478).

In any event, the Supreme Court properly granted the plaintiffs’ motion to sever these claims for damages and properly directed the entry of judgment on the issue of liability and the other damages previously approved by this Court *(see,*CPLR 603, 5012; *Davis v City of New York,*273 AD2d 342; *Eichler v City of New York,*196 AD2d 524). Ritter, J. P., H. Miller, Feuerstein and Smith, JJ., concur.
**Exhibit 32**

 

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

The certifications set forth below are herebysubmitted to the Securities and Exchange Commission pursuant to, and solely forthe purpose of complying with, Section 1350 of Chapter 63 of Title 18 of theUnited States Code in connection with the filing on the date hereof with theSecurities and Exchange Commission of the Annual Report on Form 10-K of MAIRHoldings, Inc. and subsidiaries (the “Company”) for the fiscal year endedMarch 31, 2004 (the “Report”).

 

Each of the undersigned, the Chief ExecutiveOfficer and Chief Financial Officer, respectively, of the Company, herebycertifies that, as of the end of the period covered by the Report:

 

1.               Such Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

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

 

 
| /s/ PAUL F. FOLEY                                      |   |
|--------------------------------------------------------|--------|
|                                                   |
| Paul F. Foley                                          |
| President and Chief  Executive Officer                 |
| June 29, 2004                                          |
|                                                   |
|                                                   |
| /s/ ROBERT E. WEIL                                     |   |
|                                                   |
| Robert E. Weil                                         |
| Vice President, Chief  Financial Officer and Treasurer |
| June 29,  2004                                         |
|                                                        |        |  |

 

----
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-)- %‘ — ‘— 5- \•;2-\

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b) —

- /_
No. 09-489.

#### Theresa D’Jamoos, as Executrix of the Estate of Dawn Elizabeth Weingeroff, et al., Petitioners v. Pilatus Aircraft Ltd., et al.

559 U.S. 1048, 130 S. Ct. 2340,

2010 U.S. LEXIS 3039.

176 L. Ed. 2d 560,

April 5, 2010.

Petition for writ of certio-rari to the United States Court of Appeals for the Third Circuit denied.

Same case below, 566 F.3d 94.
No. 09-9646.

#### Alejandro Silva, Petitioner v. United States.

559 U.S. 1082, 130 S. Ct. 2128,

176 L. Ed. 2d 749,

2010 U.S. LEXIS 3225.

April 19, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Fifth Circuit denied.
No. 09-9603.

#### Kethon Laveron Triggs, Petitioner v. Lee Ann Chrones, Acting Warden, et al.

560 U.S. 910, 130 S. Ct. 3286,

176 L. Ed. 2d 1194,

2010 U.S. LEXIS 4040.

May 17, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 346 Fed. Appx. 173.
No. 09-9090.

#### Charles Liston, Petitioner v. Michael Bowersox, Superintendent, South Central Correctional Center.

559 U.S. 1075, 130 S. Ct. 2106,

176 L. Ed. 2d 735,

2010 U.S. LEXIS 3334.

April 19, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Eighth Circuit denied.
Exhibit 99.1

CERTIFICATION OF  CHIEF EXECUTIVE OFFICER  OF PACIFIC ENERGY GP, INC.  PURSUANT TO 18 U.S.C. § 1350

Pursuant to 18 U.S.C. § 1350 and in connection with the accompanying report on Form 10-Q for the quarterly period ended
March 31, 2003 that is being filed concurrently with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned officer of Pacific Energy GP, Inc., the
general partner of Pacific Energy Partners, L.P. (the "Partnership") hereby certifies that:



| |  | /s/IRVIN TOOLE, JR.Irvin Toole, Jr.
May 12, 2003
| |  | ------------------------------------------------

A
signed original of this written statement required by Section 906 has been provided to Pacific Energy Partners, L.P., and will be retained by Pacific Energy Partners L.P., and furnished to
the Securities and Exchange Commission or its staff upon request.

---

QuickLinks
No. 09-9726.

#### Clarence Small, Petitioner v. McKither Bodison, Warden.

559 U.S. 1099, 130 S. Ct. 2388,

176 L. Ed. 2d 780,

2010 U.S. LEXIS 3588,

April 26, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 357 Fed. Appx. 516.
In the MATTER OF: A.P.

No. 145PA17-2

Supreme Court of North Carolina.

May 9, 2019

Anne C. Wright, Attorney at Law, Boone, for Powell, Kylah.

Christopher C. Peace, Attorney at Law, Keith T. Roberson, Attorney at Law, for Mecklenburg County DSS.

Matthew Wunsche, Attorney at Law, Durham, for GAL.

***ORDER***

The following order has been entered on the motion filed on the 11th of September 2018 by Guardian ad Litem for Temporary Stay:

"Motion Dissolved by order of the Court in conference, this the 9th of May 2019."

Upon consideration of the petition filed by Guardian ad Litem on the 11th of September 2018 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 9th of May 2019."

Upon consideration of the petition filed on the 11th of September 2018 by Guardian ad Litem in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 9th of May 2019."

Davis, J. recused
EXHIBIT 23.3







                 INDEPENDENT AUDITORS' CONSENT


The Board of Directors and Stockholders
Devon Energy Corporation:

We  consent  to  incorporation by reference in  the  Registration
Statements  (No.  33-32378 and 33-67924)  on  Form  S-8  and  the
Registration  Statement (No. 333-00815)  on  Form  S-3  of  Devon
Energy Corporation of our report dated February 7, 1997, relating
to  the  consolidated balance sheets of Devon Energy  Corporation
and  subsidiaries as of December 31, 1996, 1995 and 1994 and  the
related  consolidated  statements  of  operations,  stockholders'
equity,  and  cash flows for each of the years then ended,  which
report appears in the December 31, 1996 annual report on Form 10-
K of Devon Energy Corporation.



                                            KPMG Peat Marwick LLP
                                            KPMG Peat Marwick LLP



Oklahoma City, Oklahoma
March 5, 1997
Exhibit 32.2



CERTIFICATION PURSUANT TO

18 UNITED STATES CODE SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Anthony E. Applebaum, Chief Executive Officer of Mera Pharmaceuticals, certify that (1) Mera Pharmaceuticals, Inc.s Form 10-QSB for the quarter ended April 30, 2007 fully complies with the requirements of Section 3 (a) or 15 (d) of the Securities Exchange Act of 1934 and (ii) the information contained in the Form 10-QSB for the quarter ended April 30, 2007 fairly presents, in all material respects, the financial condition and the results of operations of Mera Pharmaceuticals, Inc.



Date:   February 14, 2008

|                                           | 
|------------------------------------------ | 
|                                           | 
|/s/ Anthony E. Applebaum                   | 
|Anthony E. Applebaum                       | 
|Principal Financial and Accounting Officer



A signed original of this written statement required by Section 906 has been provided to Mera Pharmaceuticals, Inc. and will be retained by Mera Pharmaceuticals, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
STATE v. Maurice Edward THOMPSON

408P18-1

Supreme Court of North Carolina.

March 3, 2019

Maurice Edward Thompson, for Thompson, Maurice Edward.

Daniel P. O'Brien, Special Deputy Attorney General, Matthew Delbridge, District Attorney, for State of N.C.

The following order has been entered on the motion filed on the 16th of November 2018 by Defendant to Dismiss:

"Motion Dismissed Ex Mero Motu by order of the Court in conference, this the 3rd of March 2019."
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Swift Energy
Managed Pension Assets Partnership 1988-A, Ltd.'s balance sheet and statement of
operations  contained in its Form 10-K for the year ended  December 31, 1998 and
is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-END>                                   DEC-31-1998
<CASH>                                         7,673
<SECURITIES>                                   0
<RECEIVABLES>                                  7,553
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               15,226
<PP&E>                                         4,167,185
<DEPRECIATION>                                 (3,879,249)
<TOTAL-ASSETS>                                 303,162
<CURRENT-LIABILITIES>                          715
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     302,447
<TOTAL-LIABILITY-AND-EQUITY>                   303,162
<SALES>                                        52,382
<TOTAL-REVENUES>                               53,834
<CGS>                                          0
<TOTAL-COSTS>                                  109,833<F1>
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (82,916)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (82,916)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (82,916)
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
<FN>
<F1>Includes  lease  operating  expenses,  production  taxes  and  depreciation,
depletion and  amortization  expense.  Excludes general and  administrative  and
interest expense.
</FN>
        

</TABLE>
CHAVEZ, et al. v. CARMICHAEL

437PA18-1

Supreme Court of North Carolina.

June 7, 2019

Sean F. Perrin, Attorney at Law, for Carmichael, Irwin

Sejal Zota, W. Rob Heroy, Attorneys at Law, for Chavez, Carlos, et al.

Erez Reuveni, Joshua S. Press, Gill P. Beck, Attorneys at Law, for United States.

Deborah Weissman, Attorney at Law, for Law Scholars and National Immigrant Justice Center

Raul A. Pinto, Attorney at Law, for North Carolina Justice Center

Irena Como, Cody Wofsy, Daniel Galindo, Omar Jadwat, Spencer Amdur, Attorneys at Law, for ACLU, et al.

R. Andrew Murray, District Attorney, for State.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 5th of June 2019 by Respondent:

"Motion Allowed by order of the Court in conference, this the 7th of June 2019."

Respondent shall have up to and including the 29th day of July 2019 to file and serve his/her brief with this Court.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5126 Engrossed in House (EH)]
```
<PAGE>
                                                     Exhibit 23.2





                       ENGINEER'S CONSENT


We  consent  to  incorporation by reference in  the  Registration
Statements (No. 33-32378, No. 33-67924 and No. 333-66873) on Form
S-8  and the Registration Statements (No. 333-00815 and No.  333-
66899)  on Form S-3 of Devon Energy Corporation the reference  to
our  appraisal report for Devon Energy Corporation as of December
31, 1998, which appears in the December 31, 1998 annual report on
Form 10-K of Devon Energy Corporation.





                           By: D. L. Paddock
                               PADDOCK LINDSTROM & ASSOCIATES LTD.


March 29, 1999
No. 09-7457.

#### Curtis Fuller, Petitioner v. David Bergh, Warden.

559 U.S. 1059, 130 S. Ct. 2368,

2010 U.S. LEXIS 2935.

176 L. Ed. 2d 578,

April 5, 2010.

Petition for rehearing denied.

Former decision, 558 U.S. 1151, 130 S. Ct. 1145, 175 L. Ed. 2d 979, 2010 U.S. LEXIS 699.
TS-UVCA02 

Attachment #7

Pt. 2, Sec. B, 1a 

Processing Information on the New Chemical Substance at Industrial Sites 

Controlled by Others 

The new chemical substance is an acrylate monomer identified under the trade name, Medol10. The compound is manufactured by Osaka Organic Chemical Industry, Ltd. (OOC) 

which is based in Japan. The substance will then be imported by Kowa American 

Corporation (Kowa). Kowa will then sell the substance to customers in the U.S. for use as a 

reactive intermediate for use in ultraviolet (UV), electron beam (EB), and conventionally 

cured coating and ink formulations. 

The diagram given on the following page provides a general representation describing the 

manner in which the formulation and end use processing steps are expected to occur. The 

diagram identifies the major unit operation steps, chemical conversions, feedstocks, waste 

streams, storage containers, and cleaning operations. The diagram also identifies worker 

exposure activities (letters) and environmental release points [numbers] which correspond 

to those given in the table provided at LVE page 10a. 
Processing Information on the New Chemical 

Substances at Industrial Sites Controlled by Others