alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# EUR-Lex - 52006AP0575 - EN

Important legal notice

*|*

# 52006AP0575

**European Parliament legislative resolution on the proposal for a Council decision laying down Community criteria for the eradication and monitoring of certain animal diseases (codified version) (COM(2006)0315 - C6-0236/2006 - 2006/0104(CNS)) **

*
Official Journal 317 E , 23/12/2006 P. 0601 - 0601 *

20061223

P6_TA(2006)0575

Community criteria for the eradication and monitoring of certain animal diseases (codified version) *

European Parliament legislative resolution on the proposal for a Council decision laying down Community criteria for the eradication and monitoring of certain animal diseases (codified version) (COM(2006)0315 — C6-0236/2006 — 2006/0104(CNS))

(Consultation procedure — codification)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(2006)0315) [1],

- having regard to the EC Treaty, pursuant to which the Council consulted Parliament (C6-0236/2006),

- having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts [2],

- having regard to Rules 80, 51 and 43(1) of its Rules of Procedure,

- having regard to the report of the Committee on Legal Affairs (A6-0461/2006);

1. Approves the Commission proposal;

2. Instructs its President to forward its position to the Council and the Commission.

[1] Not yet published in OJ.

[2] OJ C 102, 4.4.1996, p. 2.

--------------------------------------------------
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#### In the Matter of Adrian White, Petitioner, v Albert Prack, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

[942 NYS2d 383]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Abany County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

During the course of an investigation, it was determined that petitioner and another inmate had taken a camera and 10 packs of film from the visiting room. As a result, petitioner was charged in a misbehavior report with smuggling and stealing state property. He was found guilty of the charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding followed.

We confirm. The misbehavior report, hearing testimony, and confidential testimony considered by the Hearing Officer in camera provide substantial evidence supporting the determination of guilt *(see Matter of Phipps v Fischer,*82 AD3d 1396, 1397 [2011]; *Matter of Williams v Fischer,*75 AD3d 706 [2010], *affd*18 NY3d 888 [2012]). Contrary to petitioner’s claim, the Hearing Officer properly ascertained the reliability of the confidential sources by independently questioning the officer who spoke with them *(see Matter of Stinson v Prack,*87 AD3d 1218, 1219 [2011]; *Matter of Sterling v Bezio,*76 AD3d 1165, 1165 [2010]). Therefore, we find no reason to disturb the determination of guilt.

Peters, PJ, Mercure, Lahtinen, Kavanagh and Garry, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
EXHIBIT 99.2


                   CERTIFICATION OF CHIEF FINANCIAL OFFICER
                                   OF
                              INFINITY, INC.
                     PURSUANT TO 18 U.S.C. SECTION 1350


     I certify that, to the best of my knowledge and belief, the Annual Report
on Form 10-KSB of Infinity, Inc. for the period ending December 31, 2002:

     (1) complies with the requirements of Section 13(a) or 15(d) of the
         Securities and 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 Infinity, Inc.



                                 /s/ Jon D. Klugh
                                 Jon D. Klugh
                                 Chief Financial Officer
                                 April 14, 2003


A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to Infinity, inc. and will be
retained by Infinity, Inc. and furnished to the Securities and Exchange
Commission upon request.
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 Annual Report of Secure Computing Corporation (the Company) on Form 10-K/A for the period ending December 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Timothy J. Steinkopf, Chief Financial Officer 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) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                                                 
|-------------------------------------------------
|                                                 
|/s/    TIMOTHY J.
STEINKOPF                      
|Timothy J. Steinkopf                             
|Senior Vice President and Chief Financial Officer



December 6, 2005
<logo>Arthur Andersen LLP

REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

To the Board of Directors of HomeSide Lending, Inc.:

We have examined management's assertion about HOMESIDE 
LENDING, INC. (a Florida corporation) AND SUBSIDIARIES' 
compliance with the minimum servicing standards identified 
in the Mortgage Bankers Association of America's Uniform 
Single Attestation Program for Mortgage Bankers ("USAP") and 
that the Company had in effect fidelity bond and errors and 
omissions policies in the amount of $76 million and $20 
million, respectively, as of February 28, 1997 and for the 
period from March 16, 1996 to February 28,1997, included in 
the accompanying management assertion letter. Management is 
responsible for the Company's compliance with those minimum 
servicing standards and for maintaining a fidelity bond and 
errors and omissions policy. Our responsibility is to 
express an opinion on management's assertion about the 
Company's compliance with the minimum servicing standards 
and maintenance of a fidelity bond and errors and omissions 
policy based on our examination.

Our examination was made in accordance with standards 
established by the American Institute of Certified Public 
Accountants and, accordingly, included examining, on a text 
basis, evidence about the Company's compliance with the 
minimum servicing standards and performing such other 
procedures as we considered necessary in the circumstances. 
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 minimum 
servicing standards.

In our opinion, management's assertion that HomeSide 
Lending, Inc. and subsidiaries complied with the 
aforementioned minimum servicing standards and that the 
Company had in effect fidelity bond and errors and omissions 
policies in the amount of $76 million and $20 million, 
respectively, as of February 28, 1997 and for the period 
from March 16, 1996 to February 28, 1997 is fairly stated in 
all material respects.

/s/Arthur Andersen LLP

Jacksonville, Florida April 18, 1997
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

JULIE ELLEN EHLI, 

Plaintiff, 

v. 

CAROLYN W. COLVIN, 

Conunissioner, Social Security 

Administration, 

Defendant. 

BROWN, Judge. 

6:15-cv-00229-PK 

ORDER 

Magistrate Judge Paul Papak issued Findings and 

Recommendation (#27) on March 24, 2016, in which he recommends 

the Court grant Defendant's Motion (#25) for Remand, reverse the 

decision of the Commissioner, and remand this matter to the 

Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for 

further administrative proceedings. Plaintiff filed timely 

Objections to the Findings and Recommendation. The matter is now 

before this Court pursuant to 28 U.S.C. § 636(b) (1) and Federal 

Rule of Civil Procedure 72(b). 

When any party objects to any portion of the Magistrate 

Judge's Findings and Recommendation, the district court must make 

1 - ORDER 

Case 6:15-cv-00229-PK Document 31 Filed 06/30/16 Page 1 of 2
a de novo determination of that portion of the Magistrate Judge's 

report. 28 u.s.c. § 636(b) (1). See also Dawson v. Marshall, 561 

F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 

F.3d 1114, 1121 (9th Cir. 2003) (en bane). 

In her Objections Plaintiff reiterates the arguments that 

she previously made to the Magistrate Judge. This Court has 

carefully considered Plaintiff's Objections and concludes they do 

not provide a basis to modify the Findings and Recommendation. 

The Court also has reviewed the pertinent portions of the record 

de novo and does not find any error in the Magistrate Judge's 

Findings and Recommendation. 

CONCLUSION 

The Court ADOPTS Magistrate Judge Papak's Findings and 

Recommendation (#27), GRANTS Defendant's Motion (#25) for Remand, 

REVERSES the decision of the Commissioner, and REMANDS this 

matter pursuant to sentence four of 42 U.S.C. § 405(g) for 

further administrative proceedings consistent with this Order. 

IT IS SO ORDERED. 

DATED this 30th day of June, 2016. 

ANNA J. BROWN 

United States District Judge 

2 - ORDER 

Case 6:15-cv-00229-PK Document 31 Filed 06/30/16 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

DAVID BRIAN NEW, 2:14-cv-01202-MA 

Petitioner, ORDER 

v. 

MARK NOOTH, 

Respondent. 

MARSH, Judge 

Petitioner's motion to voluntary dismiss (#16) is GRANTED. 

This proceeding is DISMISSED, without prejudice. Because 

petitioner has not made a substantial showing of the denial of a 

constitutional right, a certificate of appealability is DENIED. 

See 28 U.S.C. § 2253(c) (2). 

IT IS SO ORDERED. 

DATED this 'i:7 day of October, 2014. 

~~ ;;:: ~--" Malcolm F. Marsh ' 

United States District Judge 

1 - ORDER 

Case 2:14-cv-01202-MA Document 17 Filed 10/27/14 Page 1 of 1
Exhibit 31.1



CERTIFICATIONS



I, Paul Katzeff, certify that:



1. I have reviewed this quarterly report on Form 10-QSB of Thanksgiving Coffee Company, Inc.;



2. Based on my knowledge, this quarterly 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 quarterly report;



3. Based on my knowledge, the financial statements, and other financial information included in this 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 presented in this quarterly report;



4. The small business issuers other certifying officers 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 small business issuer 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 quarterly report is being prepared;



b) evaluated the effectiveness of the small business issuers 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 small business
issuers internal control over financial reporting that occurred during the small business issuers most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the small business issuers
internal control over financial reporting; and



|                      |  |                                      
|--------------------- |  | -------------------------------------
|Date: August 12, 2004
|                      | 
|By:                   |  | /s/ Paul Katzeff                     
|                      |  | Paul Katzeff, Chief Executive Officer
**EXHIBIT      32.2**

**CERTIFICATION**

| 3) | The                Annual Report on Form 10-K for the year ended December 31, 2007 (the                "Form                10-K") of the Company fully complies with the requirements of section                13(a) or 15(d) of the Securities Exchange Act of 1934;                and |
|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 4) | The                information contained in the Form 10-K fairly presents, in all material                respects, the financial condition and results of operations of the                Company. |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:                March 26, 2007 | /s/                Robert A. Crist                                         |
|-------------------------------------|----------------------------------------------------------------------------|
|                                | Name:                Robert A. CristChief                Financial Officer |

----
**Exhibit32.1**

** **

**Certifications**

 

CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTEDPURSUANT TO SECTION906 OF THE SARBAENES-OXLEY ACT OF 2002

 

In connection with the Annual Report of American Commerce Solutions,Inc. (the ‘Company’) on Form 10-QSB for the three months ended August 31, 2003,as filed with the Securities and Exchange Commission on the date hereof (the‘Report’), each of the undersigned officers of the Company certifies, pursuantto 18 U.S.C.Sction 1350, as adopted pusuant to Section 906 of theSarbaenes-Oxley Act of 2002, that to such officer’s knowledge: Section 13(a)

 

(1)           The Report fully complies with therequirements of Section 13 (a) or Section 15 (d) of the Securities and ExchangeAct of 1934: and

 

(2)           The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company as of the dates and for the periods expressed in theReport.

 

In accordance with the Exchange Act, this report has been signed belowby the following persons on behalf of the registrant and in the capacities andon the dates indicated.

 
| **Signatures**         |   | **Title**                       |                               | **Date**        |            |
|------------------------|--------|---------------------------------|------------------------------------|-----------------|-----------------|
|                   |   |                            |                               |            |            |
| /s/ Robert E. Maxwell  |   |                            | Chairman of the Board and Director |            | October 9, 2003 |   |   |
| Robert E. Maxwell      |   |                            |                               |            |            |
|                   |   |                            |                               |            |            |
| /s/ Daniel L. Hefner   |   |                            | Chief Executive Officer, President |            |            |   |
| Daniel L. Hefner       |   | and Director                    |                               | October 9, 2003 |            |   |
|                   |   |                            |                               |            |            |
| /s/ Frank D. Puissegur |   |                            | Chief Financial Officer (Principal |            |            |   |
| Frank D. Puissegur     |   | Financial Officer) and Director |                               | October 9, 2003 |            |   |
|                        |        |                                 |                                    |                 |                 |  |  |  |

 

----
<PAGE>   1
EXHIBIT 11

The following table sets forth the computation of basic and diluted earnings
per share:

<TABLE>
<CAPTION>
                                                              Three months ended June 30,            Six months ended June 30,
                                                               2000                1999              2000              1999
                                                         ---------------  ------------------  ------------------  ---------------
<S>                                                          <C>                 <C>                 <C>              <C>
Numerator:
Net (loss)                                                   (1,475,164)         (1,355,210)         (3,238,644)      (2,444,054)
Dividends on Series A preferred stock                            (5,703)             (5,703)            (11,406)         (11,406)
Dividends on Series B preferred stock                           (52,213)                 --            (104,426)              --
                                                         ---------------  ------------------  ------------------  ---------------

Numerator for basic and diluted earnings (loss) per
share-income (loss) available to common shareholders         (1,533,080)         (1,360,913)         (3,354,476)      (2,455,460)
                                                         ---------------  ------------------  ------------------  ---------------

Denominator:
Denominator for basic earnings (loss) per share-
weighted average shares outstanding                           7,339,177           6,722,675           7,114,522        6,725,185
Effect of dilutive securities
Warrants                                                             --                  --                  --               --
                                                         ---------------  ------------------  ------------------  ---------------

Dilutive potential common shares Denominator
for diluted earnings (loss) per share adjusted
weighted-average shares and assumed conversion                7,339,177           6,722,675           7,114,522        6,725,185
                                                         ---------------  ------------------  ------------------  ---------------

Basic earnings (loss) per share                                   (0.21)              (0.20)              (0.47)           (0.36)
                                                         ---------------  ------------------  ------------------  ---------------

Diluted earnings (loss) per share                                 (0.21)              (0.20)              (0.47)           (0.36)
                                                         ---------------  ------------------  ------------------  ---------------
</TABLE>