alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This proceeding arises out of Cause No. 2008-CR-5795, styled The State of Texas v. Edward Pruitt, pending 1

in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip Kazen presiding.

i i i i i i

MEMORANDUM OPINION

No. 04-08-00640-CR

IN RE Edward PRUITT

Original Mandamus Proceeding1

PER CURIAM

Sitting: Alma L. López, Chief Justice

Sandee Bryan Marion, Justice

Rebecca Simmons, Justice

Delivered and Filed: September 17, 2008

PETITION FOR WRIT OF MANDAMUS DENIED

On August 21, 2008, relator Edward Pruitt filed a petition for writ of mandamus,

complaining of the trial court’s failure to rule on his Motion to Dismiss with Prejudice and Petition

for Writ of Habeas Corpus Release Because of Delay. Relator has been appointed counsel to

represent him in the trial court. We conclude that relator’s appointed counsel in the trial court is also

his counsel for an original proceeding on the issue presented. 

To obtain mandamus relief in a criminal matter, the relator must establish: (1) the act sought

to be compelled is ministerial rather than discretionary in nature, and (2) there is no adequate remedy
04-08-00640-CR

-2-

at law. Deleon v. District Clerk, 187 S.W.3d 473, 474 (Tex. Crim. App. 2006). Respondent has no

ministerial duty to rule on relator’s pro se motion because relator is represented by appointed counsel

and is not entitled to hybrid representation. See Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim.

App. 2007); Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). Consequently, the

respondent did not violate a ministerial duty by declining to rule on relator’s motion. Therefore, this

court has determined that relator is not entitled to the relief sought. Accordingly, relator’s petition

for writ of mandamus is denied. TEX. R. APP. P. 52.8(a). 

Additionally, relator filed an Application for Leave to File Petition for Writ of Mandamus.

No leave is required to file a petition for a writ of mandamus in this court. TEX. R. APP. P. 52.

Therefore, relator’s motion for leave to file is denied as moot. 

PER CURIAM

DO NOT PUBLISH
Cory KELSER, Appellant, v. STATE of Florida, Appellee.

No. 1D17-2772

District Court of Appeal of Florida, First District.

December 27, 2018

Andy Thomas, Public Defender, and Laurel Cornell Niles, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Barbara Debelius, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

*328AFFIRMED . *See**Perez v. State* , 919 So.2d 347, 359 (Fla. 2005) (noting that an issue never presented to the trial court in a motion to suppress or in the corresponding hearing is not properly preserved for appellate review).

Osterhaus, Winokur, and M.K. Thomas, JJ., concur.
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with the accompanying Quarterly Report of Kenexa Corporation (the Company) on Form 10-Q
for the period ended June 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Nooruddin S. Karsan, Chief Executive Officer of the Company, and Donald F. Volk, 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 their respective knowledge:

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 results of operations of the Company.



|    |  |                                                            
|--- |  | -----------------------------------------------------------
|By: |  | /s/ Nooruddin S. Karsan                                    
|    |  | Nooruddin S. Karsan Chief Executive
Officer August 11, 2008
|    | 
|By: |  | /s/ Donald F. Volk                                         
|    |  | Donald F. Volk Chief Financial Officer August 11, 2008     

This certification is made solely for the purposes of 18 U.S.C. Section 1350, subject to the knowledge
standard contained therein, and not for any other purpose. A signed original of this written statement required by Section 906 has been provided to Kenexa Corporation and will be retained by Kenexa Corporation and furnished to the Securities
and Exchange Commission or its staff upon request.
Jonathan HARDT, Appellant, v. STATE of Florida, Appellee.

No. 1D18-2521

District Court of Appeal of Florida, First District.

December 5, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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Featured Films and Shorts        September 30, 2017        USGS Hurricane Preparedness

Featured Films and Shorts        October 7, 2016        USGS Live Video on Hurricane Matthew
** **

**OFFICER’S CERTIFICATION**

**PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

**(18 U.S.C. 1350)**

Theundersigned James McGinnis, duly appointed and incumbent officer of EPGlobal Communications, Inc., a Delaware corporation (the“Corporation”), in connection with the Corporation’sQuarterly Report on Form 10-QSB for the quarterly period ended June 30,2007, as filed with the Securities and Exchange Commission on the datehereof (the “Report”), does hereby represent, warrant andcertify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, asamended, that, to the best of his knowledge: 

        1.  The Report is in full compliance with reportingrequirements of Section 13(a) of the Securities Exchange Act of 1934,as amended; and 

2.  The information contained in the Report fairly presents, inall material respects, the financial condition and results of operationof the Corporation. 

August 14, 2007 

|   |    |            |
|--------|--------------|----------------------|
|   |         | */s/ James McGinnis* |

|    | James McGinnis                |
|--------------|-------------------------------|
|    | Chief Financial  Officer |
Exhibit 10.3

            


            FIRST AMENDMENT TO


            DYNEGY INC. RESTORATION 401(k) SAVINGS PLAN


             


            WHEREAS, Dynegy Inc. (the “Company”) has adopted the Dynegy Inc. Restoration 401(k) Savings Plan (the “Plan”); and


             


            WHEREAS, the Company desires to amend the Plan to clarify treatment of an interest credit to reflect more clearly the Company’s intended Plan design;


             


            NOW THEREFORE, the Plan shall be amended as follows, effective as of June 1, 2008:


             


            1.     The last sentence of Article 4 of the Plan shall be deleted, and the following new sentence shall be substituted therefor:


             


            “A Participant’s Matching Allocation for a Plan Year shall be increased in the amount of six percent of the Matching Allocation for the Plan Year.”


             


            2.     Capitalized terms used but not defined herein shall have the meanings attributed to such terms in the Plan.


             


            
                	
                             

                        	
                            3.

                        	
                            As amended hereby, the Plan is specifically ratified and reaffirmed.

                        


            


             


            IN WITNESS WHEREOF, the undersigned has caused these presents to be executed this 8th day of July 2008.


             


            
                	
                             

                        	
                            DYNEGY INC.

                        


            


             


            
                	
                             

                        	
                            By:

                        	
                                      /s/ Julius Cox                              

                        


            


            Julius Cox,


            Chairman of Benefit Plans Committee and VP of HR
**EXHIBIT 31.2**

 

CERTIFICATION

 

I, Natalie Schramm, certify that:

 

1.             Ihave reviewed this annual report on Form 10-K of Peninsula Gaming, LLC,Peninsula Gaming Corp. and Diamond Jo, LLC;

 

2.             Basedon my knowledge, this annual report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this annual report;

 

3.             Basedon my knowledge, the financial statements, and other financial informationincluded in this annual report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the registrants asof, and for, the periods presented in this annual report;

 

4.             Theregistrants’ other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrants and we have:

 

a.             designed suchdisclosure controls and procedures to ensure that material information relatingto the registrants, including their consolidated subsidiaries, is made known tous by others within those entities, particularly during the period in whichthis annual report is being prepared;

 

b.             evaluated theeffectiveness of the registrants' disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

c.             disclosed inthis annual report any change in the registrants’ internal control overfinancial reporting that occurred during the registrants’ most recent fiscalquarter (the registrants’ fourth fiscal quarter in the case of this annualreport) that has materially affected, or is reasonably likely to affect, theregistrants’ internal control over financial reporting; and

 

5.             Theregistrants’ other certifying officer and I have disclosed, based on our mostrecent evaluation, to the registrants’ auditors and the audit committee ofregistrants’ board of directors (or persons performing the equivalentfunction):

 

a.             all significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrants’ ability to record, process, summarize and reportfinancial information; and

 

b.             any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrants’ internal control over financial reporting.

 

 
|   | Date:  March 30, 2005 | /s/ Natalie  Schramm |   |
|--------|---------------------------------|----------------------|--------|
|   | Natalie Schramm                 |
|   | Chief Financial  Officer        |

 

----
Amendment No. 2 to 1997 Stock Plan



 Exhibit 10.1 
  
 Date Adopted: May 5, 2004 
  
 Amendment No. 2 To 
  
 BIOMARIN PHARMACEUTICAL INC. 
  
 1997 STOCK PLAN 
  
 This AMENDMENT dated as of May
5, 2004 (this “Amendment”), amends the BioMarin Pharmaceutical Inc. (the “Corporation”) 1997 Stock Plan, as amended (the “Plan”) as follows: 
  
 1. Amendment to the Plan. 
  
 (a) The following is added as Subsection 14(d) to the Plan: 
  
 Notwithstanding anything contained herein to the contrary, unless the Company has obtained the consent of a majority of the shareholders of the Company, in no event will
the Administrator authorize any amendment to the Plan, or to any Option under the plan, that would effect a reduction in the exercise price of such Option, other than as a result of a stock split or other recapitalization as contemplated by Section
12. 
  
 (b) Capitalized terms not otherwise defined in this
Amendment shall have the meaning ascribed to such term in the Plan. Except as expressly amended herein, the Plan shall continue in full force and effect in accordance with its terms. 
  
 2. Effective Date of Amendment. The effective date of this Amendment shall be May 5, 2004.
<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

In connection with the Quarterly Report of Uniprop Manufactured Housing
Communities Income Fund (the "Company") on Form 10-Q for the period ending March
31, 2006 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), Paul M Zlotoff, Principal Executive Officer of the Company, Joel
Schwartz, Principal Financial Officer, 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 Act of 1934; and

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


/s/ Paul M Zlotoff
--------------------------------------------
Principal Executive Officer,
General Partner of P.I. Associates Limited Partnership
President & Director of GP P.I. Associated Corp.


/s/ Joel Schwartz
--------------------------------------------
Joel Schwartz
Principal Financial Officer of Uniprop, Inc.

May 12, 2006
Exhibit 23.8








Bosche Ventures Ltd.





March 30, 2012





TO:           Seabridge Gold Inc.





Ladies and Gentlemen:





Reference is made to the Annual Report on Form 40-F (the “40-F”) of Seabridge Gold Inc. (the “Company”), to be filed with the United States Securities and Exchange Commission pursuant to the United States Securities Exchange Act of 1934, as amended, and the Annual Information Form (the “AIF”) of the Company for the year ended December 31, 2011, which is being filed as an exhibit to and incorporated by reference in the 40-F.





I, Harold Bosche, P.Eng., on behalf of myself and Bosche Ventures Ltd., hereby consent to the references to, and the information derived from, the following reports and to the references, as applicable, to my name and Bosche Ventures Ltd.’s name in connection with the following reports in the AIF and the 40-F:


·
Kerr-Sulphurets-Mitchell (KSM) Prefeasibility Study Update 2011 dated June 15, 2011; and


·
KSM Preliminary Feasibility Study 2010 dated March 31, 2010.





Yours truly,/s/ Harold BoscheHarold Bosche, P.Eng.
UNITED STATES NAVY-MARINE CORPS 

COURT OF CRIMINAL APPEALS

WASHINGTON, D.C.

Before

J.R. MCFARLANE, M.C. HOLIFIELD, P.D. LOCHNER

Appellate Military Judges

UNITED STATES OF AMERICA

v.

SAMUEL J. BILES

SERGEANT (E-5), U.S. MARINE CORPS

NMCCA 201400265

GENERAL COURT-MARTIAL

Sentence Adjudged: 7 March 2014.

Military Judge: Col J.K. Carberry, USMC.

Convening Authority: Commanding General, 3d Marine Division 

(-)(Rein), Okinawa, Japan.

Staff Judge Advocate's Recommendation: LtCol K.T. Carlisle, 

USMC.

For Appellant: CDR Ricardo A. Berry, JAGC, USN.

For Appellee: Mr. Brian K. Keller, Esq.

11 December 2014

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

OPINION OF THE COURT 

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

 

 After careful consideration of the record, submitted 

without assignment of error, we affirm the findings and sentence 

as approved by the convening authority. Art. 66(c), Uniform 

Code of Military Justice, 10 U.S.C. § 866(c).

 

For the Court

 

 

 

R.H. TROIDL

Clerk of Court
Exhibit
31.2





CERTIFICATION
OF CHIEF FINANCIAL OFFICER




I, John
Chen, certify that:





1. I have
reviewed this Annual Report on Form 10-K for the fiscal year ended December 31,
2008, of General Steel Holdings, 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(s) 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)) for the registrant and have:





(a)
Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;





(b)
Evaluated the effectiveness of the registrant’s disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and





(c)
Disclosed in this report any change in the registrant’s internal control over
financial reporting that occurred during the registrant’s most recent fiscal
quarter (the registrant’s fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrant’s internal control over financial reporting; and





5. The
registrant’s other certifying officer(s) 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):





(a) All
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the registrant’s ability to record, process, summarize and
report financial information; and





(b) Any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant’s internal control over financial
reporting.




Date:
March 10, 2009


By:
                /s/ John ChenJohn
      Chen
                  Title:
      Director and Chief Financial
Officer
```

[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Notices]
[Page 102970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29885]

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

POSTAL SERVICE

Product Change--Priority Mail Express, Priority Mail, and USPS 
Ground Advantage[supreg] Negotiated Service Agreement

AGENCY: Postal ServiceTM.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: December 18, 2024.

FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
December 6, 2024, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 938 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2025-680, K2025-679.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-29885 Filed 12-17-24; 8:45 am]
BILLING CODE 7710-12-P
```