alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# CE2011004EN.01006801.xml

| 7.1.2011 | EN | Official Journal of the European Union | CE 4/68 |
| --- | --- | --- | --- |

7.1.2011

EN

Official Journal of the European Union

CE 4/68

---

Thursday 25 March 2010Appointment of a member of the Court of Auditors – Mr Szabolcs Fazakas

P7_TA(2010)0078

European Parliament decision of 25 March 2010 on the nomination of Szabolcs Fazakas as a Member of the Court of Auditors (C7-0019/2010 – 2010/0807(NLE))

2011/C 4 E/17

(Consultation)

The European Parliament,

The European Parliament

having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0019/2010),

whereas, at its meeting of 15 March 2010, the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors,

having regard to Rule 108 of its Rules of Procedure,

having regard to the report of the Committee on Budgetary Control (A7-0038/2010),

| A. | whereas Szabolcs Fazakas fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the European Union, |
| --- | --- |

A.

whereas Szabolcs Fazakas fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the European Union,

| 1. | Delivers a favourable opinion on the nomination of Szabolcs Fazakas as a Member of the Court of Auditors; |
| --- | --- |

1.

Delivers a favourable opinion on the nomination of Szabolcs Fazakas as a Member of the Court of Auditors;

| 2. | Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States. |
| --- | --- |

2.

Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.

---
Exhibit 32.2

CERTIFICATE 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 IPC The Hospitalist Company, Inc. (the Company) on Form 10-Q for the period ended March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, as 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:



| | (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/    DEVRA G. SHAPIRODevra G. Shapiro Chief Financial
Officer


May 14, 2008
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 on Form 10-Q of HUGHES Telematics, Inc. (the Company) for the period ended
March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jeffrey A. Leddy, Chief Executive Officer of the Company, hereby 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 results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/ JEFFREY A. LEDDYName:

Jeffrey A. LeddyTitle:

Chief Executive Officer(Principal Executive Officer)Date:

May 10, 2010
Order filed May 7, 2015 

In The

Fourteenth Court of Appeals

____________

NO. 14-14-00832-CR

____________

THADDEUS RICHARDSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 1415559

ORDER

Appellant’s court-appointed counsel filed a brief in which he concludes the appeal 

is wholly frivolous and without merit. Appellant is entitled to review the record and file 

a pro se brief. See Anders v. California, 386 U.S. 738 (1967); Gainous v. State, 436 

S.W.2d 137 (Tex. Crim. App. 1969).

Accordingly, we hereby direct the Judge of the 230th District Court to afford 

appellant an opportunity to view the trial record in accordance with local procedure; that 

the clerk of that court furnish the record to appellant on or before May 22, 2015; that the 
clerk of that court certify to this court the date on which delivery of the record to 

appellant is made; and that appellant file his pro se brief with this court within thirty days 

of that date.

PER CURIAM
Exhibit 31.2

CERTIFICATION UNDER

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Steven J. Kutcher, certify that:

1.
        I have reviewed this Amendment No. 2 to quarterly report on Form 10-QSB/A of CapSource Financial, 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 registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) 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 me by others within those entities, particularly during the period in which this quarterly 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 quarterly 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;


5.
        We 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 controls over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial data; and


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






DATE:   July 25, 2007
        
        By:
        /s/ Steven J. KutcherName: Steven J. KutcherChief Financial Officer andPrincipal Accounting Officer










---
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
 
 In
connection with the Quarterly Report of Kahzam, Inc. (the "Company") on Form
10-Q for the period ending November 30, 2009 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, J. FRANKLIN BRADLEY, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C.ss.1350, as
adopted pursuant toss.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 result of operations of the
      Company.
 
 IN
WITNESS WHEREOF, the undersigned has executed this certification as of the 154th day
of April, 2010.
 
 
 /s/ J. FRANKLIN
BRADLEY
 Chief
Executive Officer
#### UNITED STATES of America, Plaintiff-Appellee, v. Pedro SANCHEZ-ZARATE, aka Antonio Sanchez-Garcia, Defendant-Appellant.

No. 09-50462.

United States Court of Appeals, Ninth Circuit.

Sept. 13, 2010.*

Filed Oct. 12, 2010.

Charlotte E. Kaiser, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

James Fife, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

*

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

MEMORANDUM **

Pedro Sanchez-Zarate appeals from the 60-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*270Sanchez-Zarate contends that the district court erred in finding that his prior conviction under California Health and Safety Code § 11351 categorically qualifies as a drug trafficking offense under U.S.S.G. § 2L1.2(b)(1)(A)(i). He contends that California Health and Safety Code § 11351 is categorically overbroad because it prohibits the possession or purchase for sale of a wider range of controlled substances than does federal law. Because this court has previously noted that “California law regulates the possession and sale of numerous substances that are not similarly regulated by the [Controlled Substances Act]”, *Ruiz-Vidal v. Gonzales,*473 F.3d 1072, 1078 (9th Cir.2007), we look to whether “documentation or judicially noticeable facts”, *United States v. Benitez-Perez,*367 F.3d 1200, 1203 (9th Cir.2004) (internal quotation marks and citations omitted), clearly establish that Sanchez-Zarate’s prior conviction qualifies as a drug trafficking offense.

The amended felony complaint and the nolo contendere order show that Sanchez-Zarate admitted to possessing or purchasing for sale cocaine. *Cf. United States v. Vidal,*504 F.3d 1072, 1087 (9th Cir.2007) (en banc) (holding that a complaint and “written plea and waiver of rights” form failed to establish the factual predicate for appellant’s plea of guilty pursuant to *People v. West,*3 Cal.3d 595, 91 Cal.Rptr. 385, 477 P.2d 409 (1970), because the documents failed to establish that appellant admitted to the factual allegations in the complaint). Hence, even if California Health and Safety Code § 11351 can be construed as overbroad, the record establishes that Sanchez-Zarate was convicted of the generically defined crime.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### In the Matter of Albany Law School et al., Respondents-Appellants, v New York State Office of Mental Retardation and Developmental Disabilities et al., Appellants-Respondents.

Submitted February 14, 2012;

decided February 16, 2012

Reported below, 81 AD3d 145.

Motion by National Disability Rights Network, Inc. et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served and 19 copies filed within seven days.
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular

cases on the basis of well-settled principles of law imposes

needless expense on the public and burdens on the legal

profession." Pursuant to that Rule, the court has determined

that this opinion should not be published. 

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-40072

 Conference Calendar 

__________________

DALE HYDE,

 Plaintiff-Appellant,

versus

JAMES T. HICKEY, Sheriff

of Nueces County,

 Defendant-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 92-CV-181

- - - - - - - - - -

June 29, 1995

Before JONES, WIENER, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

 Dale Hyde, a former inmate of the Nueces County Jail,

appeals the district court's dismissal of his civil rights

complaint. On appeal, Hyde alleges that he is unable to properly

brief his appeal because he has "no knowledge as to what is

required of him in litigating this cause of action." He further

alleges that he "has no choice but to not respond, cancelling the

action through no fault of his own." 
95-40072

-2-

Insofar as Hyde's brief could be construed as a motion for

the appointment of counsel on appeal, Hyde's motion is DENIED. 

See Ulmer v. Chancellor, 691 F.2d 209, 212 (5th Cir. 1982). 

Because Hyde has indicated that, without counsel, he is unable to

proceed, Hyde's brief is construed as a motion to withdraw his

appeal. Accordingly, IT IS ORDERED that Hyde's appeal is

DISMISSED with prejudice. See Fed. R. App. P. 42(b).
#### Kenneth A. FRIEDMAN, Plaintiff — Appellant, v. Caroline FADELY; et al., Defendants — Appellees.

No. 06-15842.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 26, 2008.*

Filed Sept. 9, 2008.

Kenneth A. Friedman, Las Vegas, NV, pro se.

David J.J. Roger, Esq., Clark County District Attorney’s Office, Criminal Division, Robert J. Gower, Clark County District Attorney’s Office, Civil Division, Melissa P. Harris, Esq., Stacey Upson, Las Vegas, NV, for Defendants-Appellees.

Before: SCHROEDER, KLEINFELD, and IKUTA, Circuit Judges.

*

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

MEMORANDUM **

Kenneth A. Friedman, a Nevada state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action against defendants as barred by *Heck v. Humphrey,*512 U.S. 477, 114 *631S.Ct. 2364, 129 L.Ed.2d 383 (1994). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, *Whitaker v. Garcetti,*486 F.3d 572, 579 (9th Cir.2007), and we affirm.

To the extent that Friedman’s action challenged the validity of his state court convictions, the district court correctly dismissed it. *See Heck,*512 U.S. at 486-87, 114 S.Ct. 2364 (explaining that “civil tort actions are not appropriate vehicles for challenging the validity of outstanding criminal judgments”). To the extent that Friedman’s action did not challenge the validity of his convictions, Friedman did not establish a genuine issue of material fact that defendants violated a right under federal law. Summary judgment was properly granted. *See Bias v. Moynihan,*508 F.3d 1212, 1218 (9th Cir.2007) (“In opposing summary judgment, a nonmoving party must go beyond the pleadings and ... designate specific facts showing that there is a genuine issue for trial.”) (internal quotation marks and citation omitted).

Friedman’s remaining contentions lack merit.

Friedman’s motion for appointment of counsel, filed May 7, 2008, is denied.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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 on Form 10-Q of HUGHES Telematics, Inc. (the "Company") for the period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jeffrey A. Leddy, Chief Executive Officer of the Company, hereby 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 results of operations of the Company.







By:/s/ JEFFREY A. LEDDYName:Title:Date:Jeffrey A. LeddyChief Executive Officer(Principal Executive Officer)May 10, 2011
|   | 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      as of the dates and for the periods presented in the financial statements      included in the Reports |
|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  May      15, 2009 | By:    | /s/  Laura Lee      Stewart      |
|------------------------------------|--------|--------------------------------------------|
|                               |   | Laura      Lee Stewart                     |
|                               |   | President      and Chief Executive Officer |

| Date:  May      15, 2009 | By:    |  /s/  Matthew P.      Deines              |
|------------------------------------|--------|----------------------------------------------------------|
|                               |   | Matthew      P. Deines                                   |
|                               |   | Executive      Vice President and Chief FinancialOfficer |
Exhibit 32.2

CERTIFICATION

In connection with the periodic report of Abraxis BioScience, Inc. (the
Company) on Form 10-Q for the quarterly period ended March 31, 2009 as filed with the Securities and Exchange Commission (the Report), I, David D. OToole, Chief Financial 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.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: May 8, 2009



/s/ DAVID D. OTOOLEDavid D. OTooleChief Financial Officer


This certification accompanies this Report on Form 10-Q pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act). Such certification
will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
##### 



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 amendment to the Annual Report of CanWest Media Inc. (the
Company) on Form 20-F/A for the period ending
August 31, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Leonard Asper,
President and Chief Executive 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 result of operations of the
Company.

| |  |                                      
| |  | -------------------------------------
| |  | /s/Leonard Asper                     
| |  |                                      
| |  | Leonard Asper                        
| |  | President and Chief Executive Officer
| |  | June 18, 2003                        

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