alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### Mebrhato TSEHAI, Plaintiff-Appellant, v. Teresa A. SCHWARTZ; et al., Defendants-Appellees.

No. 07-15643.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 17, 2008.*

Filed Jan. 9, 2009.

Mebrhato Tsehai, Eloy, AZ, pro se.

Appeal from the United States District Court for the Eastern District of California; Garland E. Burrell, Chief Judge, Presiding. D.C. No. CV-05-01953-GEB/ PAN.

Before: WALLACE, TROTT and RYMER, Circuit Judges.

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

MEMORANDUM **

Mebrhato Tsehai, a' former California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action challenging his administrative segregation on the ground that it was barred by *Heck v. Humphrey,*512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), and *Edwards v. Balisok,*520 U.S. 641, 117 S.Ct 1584, 137 L.Ed.2d 906 (1997). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a district court’s dismissal pursuant to 28 U.S.C. § 1915A. *Resnick v. Hayes,*213 F.3d 443, 447 (9th Cir.2000). We may affirm on any ground supported by the record, *see Shanks v. Dressel,*540 F.3d 1082, 1086 (9th Cir.2008), and we affirm.

This action may not be Heck-barred because Tsehai is no longer in custody. *See Tsehai v. Schwartz,*No. 06-1521, 2007 WL 1544745, at *1 (E.D.Cal. May 25, 2007); *see also Nonnette v. Small,*316 F.3d 872, 875-77 (9th Cir.2002) (holding that a former prisoner’s section 1983 action was not barred by *Heck*where habeas relief was no longer available). Nevertheless, we affirm the district court’s dismissal on the alternative ground that Tsehai’s complaint failed to state a claim and amendment would have been futile. *See Sandin v.*
      *103
      *Conner,*515 U.S. 472, 484, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995) (holding that a due process violation can only occur where the sentence is exceeded in an unexpected manner or where an atypical and significant hardship is imposed); *see also Ove v. Gwinn,*264 F.3d 817, 822-25 (9th Cir.2001) (holding that action was not Nec/c-barred but affirming dismissal without prejudice on alternative ground of failure to state a claim).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-7198

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ERIC FORWARD SANDERS,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Greenville. G. Ross Anderson, Jr., District

Judge. (CR-89-395, CA-97-3186-6-13AK)

Submitted: October 20, 1998 Decided: November 4, 1998

Before WILKINS and HAMILTON, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Eric Forward Sanders, Appellant Pro Se. David Calhoun Stephens,

Assistant United States Attorney, Greenville, South Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Eric Forward Sanders seeks to appeal the district court’s

order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994

& Supp. 1998). We have reviewed the record and the district court’s

opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning

of the district court. United States v. Sanders, Nos. CR-89-395,

CA-97-3186-6-13AK (D.S.C. June 15, 1998). We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

DISMISSED
EXHIBIT 31.1



CERTIFICATION



I, the Chief Executive Officer of PHL Variable Insurance Company (the registrant), certify that:



1.

I have reviewed this report on Form 10-Q of the registrant;



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)) 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 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:  May 15, 2006 |  | /s/ Philip K. Polkinghorn     
|------------------- |  | ------------------------------
|                    |  | Name:
Philip K. Polkinghorn   
|                    |  | Title:
Chief Executive Officer
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION
UNITED STATES OF AMERICA )
)
v. ) No. 03 CR 779 £
)
LAURENCE W. CAPRIOTTI, ) Wy
JACK L. HARGROVE, ) 7 x oo
MICHEL D. THYFAULT, ) Judge James B. Moran & 3
JAMES R. WALLWIN and ) : Q
GEORGE J. STIMAC ) aa Oy, oO

Te "Seo,
GOVERNMENT’S MOTION FOR LEAVE TO FILE ;
GOVERNMENT?’S CORRECTED EVIDENTIARY PROFFER
SUPPORTING THE ADMISSIBILITY OF COCONSPIRATOR STATEMENTS

The UNITED STATES OF AMERICA, by PATRICK J. FITZGERALD, United States
Attorney for the Northern District of Illinois, hereby moves this Court for leave to file a corrected
evidentiary proffer of the government’s evidence supporting the admission of coconspirators’
statements at trial. Upon review of the proffer filed on October 25, 2004, the government identified
a few errors on pages 20 and 21 of the proffer, relating to the funds that defendants Capriotti and
Hargrove received from the escrow accounts. The correct proffer incorporates these revisions. No
other changes have been made. The corrected proffer is being filed along with this motion.

Respectfully submitted,
PATRICK J. FITZGERALD

United States Attorney

By:

ROBERT W. KENT, JR. f/
Assistant United States Attorney
219 South Dearborn Street
Room 500

Chicago, Illinois 60604

(312) 886-4185
IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS DISTRICT OF ILLINOIS 

EASTERN DIVISION 

YOON JA KIM, 

Plaintiff, 

vs. 

THE EARTHGRAINS CO., 

k/n/a SARA LEE BAKERY GROUP, 

INC., 

Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

No. 01 cv 3895 

Honorable Susan E. Cox 

DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT 

ON APPLICABLE DAMAGES PERIOD

Defendant Earthgrains Company, k/n/a Sara Lee Bakery Group, Inc., (“Sara Lee”), 

respectfully moves pursuant to Federal Rule of Civil Procedure 56(b) and Local Rule 56.1 for 

entry of partial summary judgment limiting the applicable damages period to after March 31, 

2009, the date of the issuance of the Reexamination Certificate now at issue in this case. In 

support of this Motion, Sara Lee submits: (i) a Memorandum of Law in Support of Defendant’s 

Motion for Partial Summary Judgment on Applicable Damages Period; and (ii) a Statement of 

Undisputed Material Facts in Support of Its Motion for Partial Summary Judgment on 

Applicable Damages Period. 

Case 1:01-cv-03895 Document 220 Filed 12/14/09 Page 1 of 3
Dated: December 14, 2009 Respectfully submitted, 

SARA LEE BAKERY GROUP, INC. 

By: /s/ Steven R. Trybus 

One of its Attorneys 

Craig C. Martin 

Steven R. Trybus 

Olivia T. Luk 

JENNER & BLOCK LLP 

353 North Clark Street 

Chicago, IL 60611 

Telephone: 312 222-9350 

Facsimile: 312 527-0484 

Case 1:01-cv-03895 Document 220 Filed 12/14/09 Page 2 of 3
CERTIFICATE OF SERVICE

 I, Olivia T. Luk, an attorney, hereby certify that I caused a true and correct copy of the 

foregoing Defendant Sara Lee Bakery Group, Inc.’s Motion for Partial Summary Judgment on 

Applicable Damages Period; Memorandum of Law in Support of Defendant’s Motion for Partial 

Summary Judgment on Applicable Damages Period; and Statement of Undisputed Material Facts 

in Support of Its Motion for Partial Summary Judgment on Applicable Damages Period to be 

served on all counsel of record by the Court’s electronic filing system on December 14, 2009: 

 

/s/ Olivia T. Luk_ 

 Olivia T. Luk 

Case 1:01-cv-03895 Document 220 Filed 12/14/09 Page 3 of 3
# Official Journal C 82/2018

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 82 |
| | |
| English edition | Information and Notices | Volume 615 March 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 82

English edition

Information and Notices

Volume 615 March 2018

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 82/01 | Non-opposition to a notified concentration (Case M.8726 — Oney/4Finance/JV) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 82/01

Non-opposition to a notified concentration (Case M.8726 — Oney/4Finance/JV) (
  1
  )

1

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2018/C 82/02 | Euro exchange rates | 2 |
| | Court of Auditors |
| 2018/C 82/03 | Special Report No 5/2018 — ‘Renewable energy for sustainable rural development: significant potential synergies, but mostly unrealised’ | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2018/C 82/02

Euro exchange rates

2

Court of Auditors

2018/C 82/03

Special Report No 5/2018 — ‘Renewable energy for sustainable rural development: significant potential synergies, but mostly unrealised’

3

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2018/C 82/04 | Prior notification of a concentration (Case M.8772 — Borealis/NOVA Chemicals/Total/JV) — Candidate case for simplified procedure (
  1
  ) | 4 |
| 2018/C 82/05 | Prior notification of a concentration (Case M.8799 — Marubeni-Itochu Steel/Sumitomo Corporation/JV) — Candidate case for simplified procedure (
  1
  ) | 6 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2018/C 82/04

Prior notification of a concentration (Case M.8772 — Borealis/NOVA Chemicals/Total/JV) — Candidate case for simplified procedure (
  1
  )

1

4

2018/C 82/05

Prior notification of a concentration (Case M.8799 — Marubeni-Itochu Steel/Sumitomo Corporation/JV) — Candidate case for simplified procedure (
  1
  )

1

6

---

| | Corrigenda |
| --- | --- |
| 2018/C 82/06 | Corrigendum to the Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain tube and pipe fittings originating in Turkey, Russia, Korea and Malaysia ( OJ C 31, 27.1.2018 ) | 7 |

Corrigenda

2018/C 82/06

Corrigendum to the Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain tube and pipe fittings originating in Turkey, Russia, Korea and Malaysia ( OJ C 31, 27.1.2018 )

7

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN
<PAGE>
                                                                   Exhibit 32.01

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

      I, Matthew R. Perry, certify, to the best of my knowledge, that based upon
a review of the Annual Report on Form 10-K of Transmeta Corporation, for the
fiscal year ended December 31, 2003 (the "Form 10-K"), the Form 10-K fully
complies with the requirements of Section 13(a) of the Securities Exchange Act
of 1934, as amended, and that the information contained in the Form 10-K fairly
presents, in all material respects, the financial condition and results of
operations of Transmeta Corporation for the annual period covered by the Form
10-K.

Date: March 5, 2004                  By: /s/ Matthew R. Perry
                                         ----------------------------------
                                         President and Chief Executive Officer,
                                         Transmeta Corporation

      A signed original of this written statement required by Section 906 has
been provided to Transmeta Corporation and will be retained by Transmeta
Corporation and furnished to the U.S. Securities and Exchange Commission or its
staff upon request.
Exhibit 4.5


 


[Form of Ordinary Share Certificate]


 


	 	 	 
	NUMBER 	 	SHARES
	SEE REVERSE FOR CERTAIN DEFINITIONS	 	 
	 	 	CUSIP [                ]


 


CELLEBRITE DI LTD.

INCORPORATED UNDER THE LAWS OF THE STATE OF ISRAEL






ORDINARY SHARE


 


THIS CERTIFIES THAT                 
is the owner of                  fully paid and non-assessable
ordinary shares, without par value (the “Ordinary Shares”), of Cellebrite DI Ltd. (the “Company”),
transferable on the books of the Company in person or by duly authorized attorney upon surrender of this Certificate properly endorsed.


 


This Certificate and the shares represented hereby
are issued and shall be held subject to all the provisions of the Articles of Association of the Company and amendments thereto, to all
of which the holder by the acceptance hereof assents. This Certificate is not valid unless countersigned and registered by the Transfer
Agent and the Registrar of the Company.


 


Witness the facsimile signature of a duly authorized
signatory of the Company.


 


	Dated:	
	 



 


	 	 	 
	Authorized Signatory	 	Transfer Agent



 






    


     


    

 


The following abbreviations, when used in the
inscription on the face of this Certificate, shall be construed as though they were written out in full according to applicable laws or
regulations:


 


	 	 	 	 	 	 	 	 	 	 	 	 	 
	TEN COM	 	—	 	as tenants in common	 	UNIF GIFT MIN ACT	 	—	 	_________ Custodian ________
	 	
__	 	
     

    (Cust)

     
	 	
     

    (Minor)

     

	TEN ENT	 	—	 	as tenants by the entireties	 	 	 	 
	JT TEN	 	—	 	
    as joint tenants with right of

    survivorship and not as tenants in common

     
	 	 	 	under Uniform Gifts to Minors Act
	 	 	 	 	 	 	 	 	(State)



 


Additional abbreviations may also be used though
not in the above list.


 


For value received,                 
hereby sells, assigns and transfers unto


 


(PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING
NUMBER(S) OF ASSIGNEE(S))


 


(PLEASE PRINT OR TYPEWRITE NAME(S) AND ADDRESS(ES),
INCLUDING ZIP CODE, OF ASSIGNEE(S))


 


Ordinary Shares represented by the within Certificate, and hereby
irrevocably constitutes and appoints


 


Attorney to transfer the said Ordinary Shares
on the books of the within named Company with full power of substitution in the premises.


 


	 	 	 
	Dated:	 	


	 	 	Notice: The signature(s) to this assignment must correspond with the name as written upon the face of the certificate in every particular, without alteration or enlargement or any change whatever.









Signature(s) Guaranteed:


 


	 	 	 
	
 

	 	 
	
 

	 	 
	THE SIGNATURE(S) MUST BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM, PURSUANT TO S.E.C. RULE 17Ad-15 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED (OR ANY SUCCESSOR RULE).
EXHIBIT 32.1

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

I, John Mutch, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, except for
the failure to timely file the report, the Quarterly Report of Peregrine Systems, Inc. on Form 10-Q for the period ended June 30, 2005 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 such Quarterly Report on Form 10-Q fairly presents in all
material respects the financial condition and results of operations of Peregrine Systems, Inc.

Date:
October 18, 2005

| |  |  | /s/JOHN MUTCHJohn Mutch
President and Chief Executive Officer
| |  |  | -------------------------------------------------------------

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

---



QuickLinks
Exhibit 12.1  CERTIFICATIONS OF CEO PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002   I, Brian Jenkins, certify that  1. I have reviewed this annual report on Form 20-F of Apiva Ventures Ltd.;  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)) 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 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 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.  June 16, 2008  /s/ Brian Jenkins Brian Jenkins Chief Executive Officer and acting Chief Financial Officer