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

- 003 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

___________

No. 10

- 3162

___________

JAMES H. RO GERS

,

Appellant

v.

MHU STAFF; CORRECTIONAL OFFICERS; SCI WESTERN PEN PGH

__________________________ __________
On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil No. 10

- cv

- 00027 ) District Judge: Honorable Gary L. Lancaster

____________________________________

Submitted for Possible Dismissal Pur suant to 28 U.S.C. § 1915(e)(2)(B) or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 October 7, 2010 Before: SCIRICA, HARDIMAN and VANASKIE, Circuit Judges

.

F iled: October 25, 2010

_________

OPINION OF THE COU RT

_________

PER CURIAM

.
James H. Rogers, a prisoner at the State Correctional Institution at Albion, appeals

from an order of the District Court dismissing this pro se civil rights action for failure to

prosecute. For the reasons that follow, we will s ummarily affirm.2

On February 3, 2010, Rogers filed a complaint pursuant to 42 U.S.C. § 1983 and a

motion for permission to proceed in forma pauperis. He failed to include a certified copy

of his trust fund account statement. See 28 U.S.C. § 1915(a)(2). On April 9, 2010, he

was ordered to submit the document within twelve days. Rogers failed to submit the

paperwork or to ask for an extension.

The Magistrate Judge recommended that the complaint be dismissed for failure to

prosecute after applying the factors set forth in Poulis v. State Farm Fire & Cas. Co. , 747

F.2d 863, 868 (3d Cir. 1984). Rogers filed an objection, claiming that he had sent a

request for his financial information to the prison records department, but that he ha d

never received a response. He did not submit any documentation showing that he had

made such a request. The District Court adopted the Magistrate Judge’s recommendation

by order entered July 10, 2010. Rogers timely appealed. 1

We conclude that the Dis trict Court did not abuse its discretion when it dismissed

Rogers’ complaint. When Rogers was ordered to submit the paperwork required to

proceed in forma pauperis, he simply did nothing. His explanation about the prison’s

records department is unconvinc ing. He offers no evidence to support his assertion that

he ever even made the request. Moreover, he does not explain why he was able to submit

1 We have jurisdiction to hear this appeal. 42 U.S.C. § 1291. We review denials of motions to reopen for abuse of discretion. Harris v. Martin , 834 F.2d 361, 364 (3d Cir. 1987). We may summarily affirm a decision of the District Court if the appeal does not raise a substantial issue. L.A.R. 27.4; I.O.P. 10.6.3

the necessary paperwork when he applied for in forma pauperis status for this appeal, or

for the an unrelated action that is currently pending in the District Court.

Accordingly, we conclude that this appeal presents no substantial question, and we

will affirm the judgment of the District Court.
**Exhibit 31.1**CERTIFICATION PURSUANT TO SECTION 302 OF SARBANES-OXLEY ACT OF 2002I, Earl L Yager, certify that:(1) I have reviewed this quarterly report on Form 10-Q of CHAD Therapeutics, Inc.; (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, in lightof the circumstances under which such statements were made, not misleading with respect to theperiod covered by this quarterly report; (3) Based on my knowledge, the financial statements, and other financial information included inthis quarterly 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 presentedin 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) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15(e) and 15d-15(e)) for the registrant and have: (a) designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which thisquarterly report is being prepared;  (b) Paragraph omitted;  (c) evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented 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  (d) disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and(5) The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of registrant’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 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 whohave a significant role in the registrant’s internal control over financial reporting.        Date: November 19, 2007 /s/ Earl L. Yager   Earl L. Yager   Chief Executive Officer of CHAD Therapeutics, Inc.
Report of Independent Registered Public Accounting Firm

The Board of Directors

Citibank, N.A.:



We have examined managements assertion, included in the accompanying Appendix I, that the Agency and Trust division of Citibank, N.A. (or Company) complied with the servicing criteria set forth in Item 1122(d) of the Securities and Exchange Commissions Regulation AB for publicly-issued (i.e., transaction-level reporting initially required under the Securities Exchange Act of 1934, as amended) automobile loan or lease-backed securities and student loan-backed securities issued on or after January 1, 2006 for which the Company provides trustee and paying agent services (the Platform), except for servicing criteria 1122(d)(1)(i)-1122(d)(1)(iv), 1122(d)(2)(i), 1122(d)(2)(iii), 1122(d)(2)(vi), 1122(d)(2)(vii), 1122(d)(3)(i) and 1122(d)(4)(i)-1122(d)(4)(xv), which the Company has determined are not applicable to the activities it performs with respect to the Platform, as of and for the twelve months ended December 31, 2007.  Management is responsible for the Companys compliance with those servicing criteria. Our responsibility is to express an opinion on managements assertion about the Companys compliance based on our examination.



Our examination was conducted in accordance with the standards of the Public Company Accounting Oversight Board (United States)and, accordingly, included examining, on a test basis, evidence about the Companys compliance with the servicing criteria specified above and performing such other procedures as we considered necessary in the circumstances.  Our examination included testing selected asset-backed transactions and securities that comprise the Platform, testing selected servicing activities related to the Platform, and determining whether the Company processed those selected transactions and performed those selected activities in compliance with the servicing criteria.  Furthermore, our procedures were limited to the selected transactions and servicing activities performed by the Company during the period covered by this report.  Our procedures were not designed to determine whether errors may have occurred either prior to or subsequent to our tests that may have affected the balances or amounts calculated or reported by the Company during the period covered by this report for the selected transactions or any other transactions. We believe that our examination provides a reasonable basis for our opinion.  Our examination does not provide a legal determination on the Companys compliance with the servicing criteria.



In our opinion, managements assessment that the Company complied with the aforementioned servicing criteria as of and for the twelve months ended December 31, 2007 is fairly stated, in all material respects.





(Signed) KPMG LLP



Chicago, Illinois

February 29, 2008
EX-34.1
(logo) ERNST & YOUNG
Quality In Everything We Do

Ernst & Young LLP
901 E. Cary Street Suite 1000
Richmond, VA 23219

Phone (804) 344-6000
www.ey.com


Report of Independent Registered Public Accounting Firm


Board of Directors
SunTrust Bank


We have examined management's assertion included in the accompanying report of
Certification Regarding Compliance with Applicable Servicing Criteria, that
SunTrust Bank (the "Company") complied with the servicing criteria set forth in
Item 1122(d)(2)(i), 1122(d)(4)(i), and 1122(d)(4)(ii) of the Securities and
Exchange Commission's Regulation AB for the residential mortgage loan servicing
platform of SunTrust Mortgage, Inc. as of and for the year ended December 31,
2007. Refer to management's assertion for the asset backed transactions
covered by this platform. Management is responsible for the Company's
compliance with the applicable servicing criteria. Our responsibility is to
express an opinion on management's assertion about the Company's compliance
with the applicable servicing criteria based on our examination.

Our examination was conducted in accordance with attestation standards
established by the American Institute of Certified Public Accountants, as
adopted by the Public Company Accounting Oversight Board (United States) and,
accordingly, included examining, on a test basis, evidence about the Company's
compliance with the applicable servicing criteria and performing such other
procedures as we considered necessary in the circumstances. Our examination
included testing of less than all of the individual asset backed transactions
and securities that comprise the platform, testing of less than all of the
servicing activities related to the Platform, and determining whether the
Company processed those selected transactions and performed those selected
activities in compliance with the servicing criteria. Furthermore, our
procedures were limited to the selected transactions and servicing activities
performed by the Company during the period covered by this report. Our
procedures were not designed to determine whether errors may have occurred
either prior to or subsequent to our tests that may have affected the balances
or amounts calculated or reported by the Company during the period covered by
this report for the selected transactions or any other transactions. We believe
that our examination provides a reasonable basis for our opinion. Our
examination does not provide a legal determination on the Company's compliance
with the servicing criteria.

In our opinion, management's assertion that the Company complied with the
aforementioned servicing criteria as of and for the year ended December 31,
2007 for the residential mortgage loan servicing platform is fairly stated, in
all material respects.


/s/ Ernst & Young LLP


March 6, 2008
<TABLE> <S> <C>


<ARTICLE>    5


<S>                                 <C>

<PERIOD-TYPE>                       9-MOS
<FISCAL-YEAR-END>                             DEC-31-2000
<PERIOD-END>                                  SEP-30-2000
<CASH>                                         23,737,327
<SECURITIES>                                            0
<RECEIVABLES>                                   1,254,237
<ALLOWANCES>                                            0
<INVENTORY>                                     1,114,423
<CURRENT-ASSETS>                               26,521,720
<PP&E>                                          3,356,414
<DEPRECIATION>                                (1,920,470)
<TOTAL-ASSETS>                                 33,029,727
<CURRENT-LIABILITIES>                           2,652,749
<BONDS>                                                 0
<COMMON>                                        1,616,016
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<OTHER-SE>                                     21,127,547
<TOTAL-LIABILITY-AND-EQUITY>                   33,029,727
<SALES>                                         3,740,152
<TOTAL-REVENUES>                                3,840,152
<CGS>                                           1,337,893
<TOTAL-COSTS>                                   7,076,891
<OTHER-EXPENSES>                                (736,975)
<LOSS-PROVISION>                                (736,975)
<INTEREST-EXPENSE>                                438,578
<INCOME-PRETAX>                               (4,276,235)
<INCOME-TAX>                                            0
<INCOME-CONTINUING>                           (4,276,235)
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                  (4,276,235)
<EPS-BASIC>                                         (.08)
<EPS-DILUTED>                                       (.08)



</TABLE>
EXHIBIT 32.1   PHARMOS CORPORATION SECTION 1350 CERTIFICATION  In connection with the quarterly report of PHARMOS CORPORATION, a Nevada corporation (the Company), on Form 10-Q for the quarter ended March 31, 2007, as filed with the Securities and Exchange Commission (the Report), I, ELKAN R. GAMZU, Chief Executive Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:  (1) the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods indicated.  This Certification has not been, and shall not be deemed, filed with the Securities and Exchange Commission.  Date: May 10, 2007  By:/s/ ELKAN R. GAMZU   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 Pharmos Corporation and will be retained by Pharmos Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>

                                                                   EXHIBIT 10.18

                             THIRD AMENDMENT TO THE
                          MANAGEMENT SERVICES AGREEMENT

         THIS THIRD AMENDMENT TO THE MANAGEMENT SERVICES AGREEMENT dated August
12, 2002 is entered into and effective this 11th day of December, 2003 by and
between Luminex Corporation, a Delaware corporation (the "Company") and Thomas
W. Erickson ("Erickson").

         WHEREAS, the Company and Erickson desire to continue the management
services delivered pursuant to the Management Services Agreement dated August
12, 2002 (the "Agreement").

         NOW, THEREFORE, the parties execute this Third Amendment to the
Agreement:

         1.       The substantive terms, covenants and agreements shall continue
                  for a Term from January 1, 2004 through March 31, 2004.

         2.       Cash compensation shall continue at the same rate for
                  Erickson's services hereunder.

         3.       An additional option grant of 37,500 shares of the Company's
                  common stock shall be granted on the date of this agreement
                  pursuant to the terms and conditions of the Option Agreement
                  to be executed simultaneously herewith, in the form attached
                  hereto as Exhibit A (the "Option Agreement"). Notwithstanding
                  the foregoing, the exercise price per share shall be equal to
                  the closing sale price on the date of grant and vesting shall
                  occur in one third increments on the last day of each month of
                  January through March, 2004, all as set forth in the Option
                  Agreement.

         All other terms of the Agreement shall continue and all capitalized
terms not otherwise defined will have such meaning as set forth in the
Agreement.

         IN WITNESS WHEREOF, this Third Amendment is executed by the parties as
of the effective date set forth above.

                                              LUMINEX CORPORATION

                                              By: /s/ Harriss T. Currie
                                                  ------------------------------

                                              Title: Chief Financial Officer

                                                  /s/ Thomas W. Erickson
                                                  ------------------------------
                                              Thomas W. Erickson

                              Luminex Confidential
**OFFICE OF**  **THE AlTORNEY**  **GENERAL OF**  TEXAS AUSTINEon. R. S. Wyche, Page Z

It is a well l

ttled rule of lew thtt the omnty in not llablo **for** injurlea rustairedby teaeon **0s** th0 tO~tiOU8 **Or** negltfjent **0OtO Of**  itU Bgents **Or** eJ& plopes In tha mbsonoaof +ealSlo **st.otuts** oreating 8uah lfablllt~. Thla **propo0ltion** 1s borne out In tha followIugmthorltiul~ HU88BAUM T. BEU COtWl'Y, 76 S. 1. 130 AWUIXA COUWTY1. BOND, 17 S. W. (2d 1 358; FLQBU v. CALVUTOONCCWil'T, !N 8. w. MO; BRYAU t. LIBSRTT t'XXB?R, 899 6. W. SCU. We bars 00retrrl.l~

rerlewed the stntutss8nd toiled to ilad any rpoelfie 8tatutom llsblllt~cmctod agelust tlm oocntrby tb feat l Ituatlon pnaentad **by** If Is fw.lderental

that the acunty roul(L han llo %lkIty to lnwre rgajnmt a aon-exlete~tllablllt~.

Art1014a, &ation U8 of our oonstltutIoJl,doriles the right OS a **ootintf to**  **land** Ita **ondit or**  **grant** publiomoney in eid OS any indiriduel. We thiuk thI8 sootion Is aa oxprom prohibltl~ yala+t the Cmds0Ionor8* Court aontreatlng ior llebillty lnmuanae eororlng Injarleareaaltingfrantln l Ot8 of lt8 eaplayeaa, ff 18 the oplnlon OS **Oh16** de_nertantthat the CadssIoa~rs~ Court of hour oounty ha8 no authority**to** purchase tha policy of Iamxunce tide the **batis of**  **y-oar** lnqulrl,nor **to pay**  r0r the mno out ot oounty rnnd8.

**W:ob** 

# !r

APPROVEDm 23, 1940

ATTORNEY GENERAL OF **TTLf.3**
Thomas William CRIMMINS, petitioner, v. UNITED STATES.

No. 13-6636.

Supreme Court of the United States

Nov. 4, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
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 on Form 10-QSB (the "Report") of
Cambridge Holdings, Ltd. (the "Company") for the quarter ended March 31, 2007,
each of the undersigned Gregory Pusey, the President and Chief Executive Officer
of the Company, and Jeffrey G. McGonegal, the Senior Vice President-Finance and
Chief Financial Officer of the Company, hereby certifies 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 the undersigned's knowledge and belief:

          (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
     Company.

Dated:  May 14, 2007     /s/ Gregory Pusey
                         ------------------------------------------------------
                          Gregory Pusey, President and Chief Executive Officer


Dated:  May 14, 2007      /s/ Jeffrey G. McGonegal
                         ------------------------------------------------------
                          Jeffrey G. McGonegal, Senior Vice President-
                          Finance and Chief Financial Officer


                                    * * * * *


A signed original of the 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.
**IN THE SUPREME COURT OF TEXAS**

No. 08-0882

IN RE  JAMES H. MAPLES AND KATHY MAPLES

On Petition for Writ of Mandamus

**ORDERED:**

1.Relators’ motion for immediate temporary relief in the form of order staying proceedings, filed October 20, 2008, is granted.  All trial court proceedings in Cause No. CL-29,530-A, styled *Johnny Partain and Teresa C. Partain v. James H. Maples, individually and d/b/a Global Tours & Charters and Kathy Maples, individually and d/b/a KBM Bus Leasing, Inc. and KBM Bus Leasing, Inc.*, in the County Court at Law No 1 of Hidalgo County, Texas, are stayed pending further order of this Court.

2.The real party in interest is requested to respond to relators’ petition for writ of mandamus on or before 3:00 p.m., November 20, 2008.

3.The petition for writ of mandamus remains pending before this Court.

Done at the City of Austin, this October 21, 2008.

Blake A. Hawthorne, Clerk

Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk
**Exhibit 31.1**CERTIFICATIONI, Terrance J. Lillis, certify that: 1. I have reviewed this report on Form 10-K and all reports on Form 10-D requiredto be filed in respect of the period covered by this report on Form 10-K of PrincipalLife Income Fundings Trust 2007-89 (the “Exchange Act periodic reports”);  2. Based on my knowledge, the Exchange Act periodic reports, taken as whole, donot contain any untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by this report;  3. Based on my knowledge, all of the distribution, servicing and other informationrequired to be provided under Form 10-D for the period covered by this report isincluded in the Exchange Act periodic reports;  4. Based on my knowledge and the servicer compliance statement(s) required in thisreport under Item 1123 of Regulation AB, and except as disclosed in the Exchange Actperiodic reports, the servicer has fulfilled its obligations under the servicingagreement(s) in all material respects; and  5. All of the reports on assessment of compliance with servicing criteria forasset-backed securities and their related attestation reports on assessment ofcompliance with servicing criteria for asset-backed securities required to be includedin this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwisedisclosed in this report. Any material instances of noncompliance described in suchreports have been disclosed in this report on Form 10-K.In giving the certifications above, I have reasonably relied on information provided to me by thefollowing unaffiliated parties: Citibank, N.A. and Bankers Trust Company, N.A.Date: March 27, 2008   /s/ Terrance J. Lillis   Terrance J. Lillis  Chief Financial Officer- Retirement and Investor Services