alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE EX REL. Alphonse MOORE v. STATE of Louisiana

No. 2017-KH-1236

Supreme Court of Louisiana.

October 29, 2018

**ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS**

PER CURIAM:

*588Denied. The application is repetitive. La.C.Cr.P. art. 930.4.

Relator has now fully litigated his second application for post-conviction relief in state court. Similar to federal habeas relief, *see*28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the Legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.
EXHIBIT 32.2



INTERVIDEO, INC.



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



I, Randall Bambrough, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge, the Quarterly Report of InterVideo, Inc. on Form 10-Q for the period ended March 31, 2004, 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 Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of InterVideo, Inc..



|                                                                                      
|--------------------------------------------------------------------------------------
|/s/ Randall Bambrough                                                                 
|Randall Bambrough Chief Financial Officer (Principal Financial and Accounting Officer)
Roberta SIRGUTZ, Appellant, v. Brian SIRGUTZ, as Personal Representative of the Estate of Stanley Sirgutz, Appellee.

No. 4D18-1265

District Court of Appeal of Florida, Fourth District.

[November 1, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
J.B., Mother of B.P., M.P., and K.E., Minor Children, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

No. 1D18-1570

District Court of Appeal of Florida, First District.

November 8, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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SCPW-13-0000409

IN THE SUPREME COURT OF THE STATE OF HAWAI # I

ANTHONY BENITEZ, Petitioner,

vs.

STATE OF HAWAI # I, Respondent.

ORIGINAL PROCEEDING (Cr. No. 11-1-1004)

ORDER DENYING PETITION FOR RELIEF (By : R eck ten wal d, C.J ., Nak ayama, Ac oba , M cKe nna , a nd Pol lac k, JJ. )

Upon consideration of petitioner Anthony Benitez, also known as Anthony Richardson’s petition for relief, which was filed on April 12, 2013, and which we review as a petition for a writ of mandamus, it appears that petitioner does not have a clear and indisputable right to an immediate review of the incarceration process and petitioner has alternative means to seek relief. See Kema v. Gaddis, 91 Hawai # i 200, 204-05, 982 P.2d 334, 338-39 (1999) (a writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action). Accordingly, Electronically Filed Supreme Court SCPW-13-0000409 26-APR-2013 11:29 AMIT IS HEREBY ORDERED that the clerk of the appellate

court shall process the petition for relief without payment of the filing fee.

IT IS HEREBY FURTHER ORDERED that the petition for relief is denied.

DATED: Honolulu, Hawai # i, April 26, 2013. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack
EXHIBIT
32
 
 CERTIFICATION
OF CHIEF EXECUTIVE OFFICER
 AND
PRINCIPAL ACCOUNTING OFFICER
 PURSUANT
TO SECTION 906 OF THE
 SARBANES-OXLEY
ACT OF 2002





Exhibit
32
 
 Certification
pursuant to
 18
U.S.C. Section 1350,
 as
adopted pursuant to
 Section
906 of the Sarbanes-Oxley Act of 2002
 
 Donald
Mindiak, President, Chief Executive Officer and Chief Financial Officer and
Thomas M. Coughlin, Chief Operating Officer of BCB Bancorp, Inc. (the “Company”)
each certify in his capacity as an officer of the Company that he has reviewed
the annual report of the Company on Form 10-K for the fiscal year ended December
31, 2009 and that to the best of his knowledge:
 
 (1)
              the
      report fully complies with the requirements of Section 13(a) 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
      Company.
 
 The
purpose of this statement is solely to comply with Title 18, Chapter 63, Section
1350 of the United States Code, as amended by Section 906 of the Sarbanes-Oxley
Act of 2002.
 
 March 30, 2010
              
              /s/
      Donald MindiakDate
              
              President,
      Chief Executive Officer and Chief Financial OfficerMarch 30, 2010
              
              /s/
      Thomas M. CoughlinDate
              
              Principal
      Accounting Officer and Chief Operating
Officer
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RAYMOND ARTHUR GENTILE,

Plaintiff

- Appellant,

v.

U.S. FEDERAL MARSHAL,

Defendant

- Appellee. No. 17

- 17018

D.C. No. 1:15

- cv

- 00943

- EPG

MEMORANDUM *

Appeal from the United States District Court

for the Eastern District of California

Erica P. Grosjean, Magistrate Judge, Presiding

Submitted February 13, 2018 **

Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.

Raymond Arthur Gentile appeals pro se from the magistrate judge’s order

dismissing his action brought under Bivens v. Six Unknown Named Agents of

Federal Bureau of Narcotics , 403 U.S. 388 (1971)

, alleging deliberate

indifference. We have jurisdiction under 28 U.S.C. § 1291. We review de n ovo

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

except as provided by Ninth Circuit Rule 36

- 3.

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

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

FEB 23 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 17

- 17018

whether the magistrate judge validly entered judgment on behalf of the district

court. Allen v. Meyer

, 755 F.3d 866, 867

- 68 (9th Cir. 2014). We vacate and

remand.

Gentile consented to proceed before the magistrate judge. See 28 U.S.C.

§ 636 (c). The magistrate judge then screened and dismissed Gentile’s action

before the named defendants had been served

. See 28 U.S.C. § 1915(e) (2)(B)

.

Because all parties, including unserved defendants, must consent to proceed before

the magistrate judge for jurisdiction to vest, Williams v. King

, 875 F.3d 500 , 503

-

04 (9th Cir. 2017), we vacate the magistrate judge’s order and remand for further

proce edings.

VACATED and REMANDED

.
Sandra LARIVIERE, Appellant, v. HSBC BANK USA, N.A., AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, Mortgage Asset-Backed Pass-Through Certificates, Series 2007-PA3, Appellee.

No. 4D17-2408

District Court of Appeal of Florida, Fourth District.

[November 8, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
<PAGE>

                                  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

     Pursuant to Section 1350, Chapter 63 of Title 18, United State Code, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the
undersigned, as Chief Executive Officer of CNB Financial Services, Inc. (the
"Company"), does hereby certify that:

     (1)  The Company's Quarterly Report on Form 10-Q for the period ended June
          30, 2006 (the "Report"), fully complies with the requirement of
          section 13(a) or 15(d) of the Securities 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/ Thomas F. Rokisky
                                        ----------------------------------------
                                        Thomas F. Rokisky
                                        Chief Executive Officer
                                        November 13, 2006


                                       31
I 

113TH CONGRESS 

1ST SESSION H. R. 681 

To amend title 5, United States Code, to provide that Washington’s Birthday 

be observed on February 22, rather than the third Monday in February, 

of each year. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2013 

Mr. WOLF (for himself, Mr. HURT, and Mr. CONNOLLY) introduced the following bill; which was referred to the Committee on Oversight and Government Reform 

A BILL 

To amend title 5, United States Code, to provide that Washington’s Birthday be observed on February 22, rather 

than the third Monday in February, of each year. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CHANGE IN DATE FOR OBSERVANCE OF WASH4 INGTON’S BIRTHDAY. 

5 Section 6103(a) of title 5, United States Code, is 

6 amended by striking the item relating to Washington’s 

7 Birthday and inserting the following: 

8 ‘‘Washington’s Birthday, February 22.’’. 

Æ 


TKELLEY on DSK3SPTVN1PROD with BILLS
Exhibit 32.2



Certification of Principal Financial Officer

Pursuant to 18 U.S.C. 1350

(Section 906 of the Sarbanes-Oxley Act of 2002)



I, Kevin E. Shaffer, Chief Financial Officer (principal financial officer)
of eSylvan, Inc. (the Registrant), certify, to the best of my knowledge, based upon a review of the Quarterly Report on Form 10-Q for the period ended June 30, 2003 of the Registrant (the Report), that:



(1) The Report fully complies with the requirements of Section 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 results of operations of the Registrant.



|                       
|-----------------------
|/s/    KEVIN E.
SHAFFER
|Kevin E. Shaffer       
|August 14, 2003
EXHIBIT 32.1

                      CERTIFICATION OF SERVICE 1st BANCORP
   PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 REGARDING ANNUAL
            REPORT ON FORM 10-K FOR THE YEAR ENDED DECEMBER 31, 2006


         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 Service 1st Bancorp, a California corporation
("Bancorp"), does hereby certify that:

1.       Bancorp's Annual Report on Form 10-K for the year ended December 31,
         2006 (the "Form 10-K") fully complies with the requirements of Section
         13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

2.       Information contained in the Form 10-K fairly presents, in all material
         respects, the financial condition and results of operations of the
         Bancorp.



Dated:  March 30, 2007                 /s/ JOHN O. BROOKS
                                       ----------------------------------------
                                       John O. Brooks
                                       Chief Executive Officer



Dated:  March 30, 2007                 /s/ ROBERT E. BLOCH
                                       ----------------------------------------
                                       Robert E. Bloch
                                       Executive Vice President and
                                       Chief Financial Officer



         A signed original of this written statement required by Section 906 has
been provided to Service 1st Bancorp and will be retained by Service 1st Bancorp
and furnished to the Securities and Exchange Commission or its staff upon
request.


                                       89
**Exhibit 32.1****CERTIFICATION OF PERIODIC REPORT**     Each of the undersigned, in his capacity as an officer of The Princeton Review, Inc. (the“Company”), hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.1350), that: (1) the Quarterly Report on Form 10-Q of the Company for the period ended June 30, 2006(the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and  (2) the information contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.         By: /s/ JOHN KATZMAN           Name: John Katzman  Date: August 9, 2006 Title: Chief Executive Officer           By: /s/ ANDREW J. BONANNI           Name: Andrew J. Bonanni  Date: August 9, 2006 Title: Chief Financial Officer  A signed original of this written statement required by Section 906 has been provided to ThePrinceton Review, Inc. and will be retained by The Princeton Review, Inc. and furnished to theSecurities and Exchange Commission or its staff upon request.
EXHIBIT 32





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 Delta Mutual, Inc. (the "Company") on Form 10-Q for the quarter ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Daniel R. Peralta, Chief Executive Officer and Principal 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/ Daniel R. PeraltaDaniel R. PeraltaChief Executive OfficerMay 23, 2011
Exhibit 35.1



ANNUAL COMPLIANCE CERTIFICATE



SYNCHRONY FINANCIAL (the “Servicer”)
hereby certifies as of December 31, 2014 as follows:



| | 1. | The undersigned has reviewed, for the period beginning January 1, 2014 and ending December 31, 2014 (the “Reporting
Period”): (a) the activities of the Servicer as they related to the Sub-Servicing Agreement, dated as of July 30, 2014,
between General Electric Capital Corporation and the Servicer (the “Sub-Servicing Agreement”) and (b) the Servicer’s
performance under the Sub-Servicing Agreement. Such review of the activities of the Servicer and the performance by the Servicer
of its obligations under the Sub-Servicing Agreement has been made by persons under the direct supervision of the undersigned.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | To the best knowledge of the undersigned, based on my review of the Servicer’s performance under the Sub-Servicing Agreement,
the Servicer has fulfilled all of its obligations under the Sub-Servicing Agreement in all material respects throughout the Reporting
Period.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



This report is delivered pursuant to
Item 1123 of Regulation AB.











| | SYNCHRONY FINANCIAL
| | -------------------
| |                    
| | By:                
| | Name:              
| | Title:             



SYNCHRONY FINANCIAL

Annual Compliance Certificate
Exhibit 32.1

                                  CERTIFICATION

     Pursuant to Section 906 of the Public Company Accounting Reform and
Investor Protection Act of 2002 (18 U.S.C.ss. 1350, as adopted), I, Penney L.
Smith, Chief Executive Officer and Chief Financial Officer of the Company,
hereby certifies that, to the best of his or her knowledge:

     1. The Company's Quarterly Report on Form 10-Q for the period ended March
31, 2004, and to which this Certification is attached as Exhibit 99.1 (the
"PERIODIC 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 Periodic Report fairly presents, in all
material respects, the financial condition of the Company at the end of the
period covered by the Periodic Report and results of operations of the Company
for the period covered by the Periodic Report.

Dated: May 3, 2004


S/ Penney L. Smith
------------------
Penney L. Smith
CEO & CFO

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

THIS CERTIFICATION ACCOMPANIES THIS REPORT PURSUANT TO SS. 906 OF THE
SARBANES-OXLEY ACT OF 2002 AND SHALL NOT BE DEEMED "FILED" BY THE COMPANY FOR
PURPOSES OF SECTION 18 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
A.C., Mother of J.C.C., A CHILD, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

Case No. 5D18-1191

District Court of Appeal of Florida, Fifth District.

Decision filed August 22, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Exhibit 32.1

CERTIFICATION

Pursuant to the requirement set forth in Rule 13a-14(b) of
the Securities Exchange Act of 1934, as amended (the Exchange Act), and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. § 1350), Timothy S. Jenks, President, Chief Executive Officer and Chairman
of the Board of Directors of NeoPhotonics Corporation (the Company), and James D. Fay, Chief Financial Officer of the Company, each hereby certifies that, to the best of his knowledge:

1. The Companys Annual Report on Form 10-K for the period ended December 31, 2010, to which this Certification is attached as
Exhibit 32.1 (the Annual Report) fully complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act, as amended; and

2. The information contained in the Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

In Witness Whereof, the undersigned have set their hands hereto as of the 28th day of March, 2011.



|                                       |  |  |  |                        
|-------------------------------------- |  |  |  | -----------------------
|/s/    TIMOTHY S. JENKS                |  |  |  | /s/    JAMES D. FAY    
|Timothy S. Jenks                       |  |  |  | James D. Fay           
|President, Chief Executive Officer and |  |  |  | Chief Financial Officer
|Chairman of the Board of Directors     |  |  |  |                        

This certification accompanies the Form 10-K to which it relates, is not deemed filed with the Securities and
Exchange Commission and is not to be incorporated by reference into any filing of NeoPhotonics Corporation under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the
Form 10-K), irrespective of any general incorporation language contained in such filing.