alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit23**

 

Consent of IndependentAuditors

 

We consent to the incorporation by reference in the RegistrationStatements (Form S-8 No. 333-18495, Form S-8 No. 333-77473, Form S-8 No.333-37426 and Form S-8 No. 333-88528) of Aftermarket Technology Corp. of ourreport dated February 10, 2004 with respect to the consolidated financialstatements and schedule of Aftermarket Technology Corp. included in the AnnualReport (Form 10-K) for the year ended December 31, 2003.

 
|              | /s/ Ernst & Young LLP |
|-------------------|---------------------------|
|              |                      |
|              |                      |
| Chicago, Illinois |                      |
| February 26, 2004 |                      |

 

----
#### Nelson Wilkins ALLEN, Petitioner-Appellant, v. Kenneth QUINN, Respondent-Appellee.

No. 08-35386.

United States Court of Appeals, Ninth Circuit.

Submitted June 10, 2010.*

Filed June 14, 2010.

Jeffrey Ellis, Esquire, Seattle, WA, for Petitioner-Appellant.

Nelson Wilkins Allen, Monroe, WA, pro se.

Donna Hoagland Mullen, Esquire, Assistant Attorney General, AGWA-Office of the Washington Attorney General, Olympia, WA, for Respondent-Appellee.

*680Before: CANBY, CALLAHAN and IKUTA, Circuit Judges.

*

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

MEMORANDUM **

Without determining whether this claim is procedurally barred from federal habeas relief, we deny the claim on the merits. *See*28 U.S.C. § 2254(b)(2). Under AED-PA, we review the last reasoned decision by a state court, which in this case was the Washington Court of Appeals’s decision on direct appeal. *See Robinson v. Ignacio,*360 F.3d 1044, 1055 (9th Cir.2004).

The Washington Court of Appeals’s decision that Allen’s plea was voluntary was not contrary to or an unreasonable application of federal law as determined by the Supreme Court. *See*28 U.S.C. § 2254(d)(1). Under Supreme Court precedent, a plea is voluntary so long as it is entered by one fully aware of the direct consequences, and not induced by threats, misrepresentation, or improper promises. *Brady v. United States,*397 U.S. 742, 755, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970); *see Hill v. Lockhart,*474 U.S. 52, 56, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985). Allen claims that his plea did not meet this standard because he was given an unreasonably short amount of time (a few hours) in which to consider the plea offer, his comments during his colloquy demonstrated that he felt under pressure, and his comments made after acceptance of the plea indicated that he regretted his choice. But no Supreme Court case holds that court-imposed time constraints render a plea involuntary per se, and under the circumstances of this case, the Washington Court of Appeals’s determination that Allen’s plea was voluntary notwithstanding the time constraints was not an unreasonable application of Supreme Court precedent. *See*28 U.S.C. § 2254(d)(1). Moreover, the Washington Court of Appeals’s determination that Allen’s colloquy amply demonstrated his understanding of the direct consequences of the plea and that he entered into the plea without improper threats or misrepresentations was not an unreasonable application of Supreme Court precedent. *See id.*Accordingly, Allen’s petition for habeas relief is denied.

DENIED.

**

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

111TH CONGRESS 

2D SESSION H. RES. 1330 

Recognizing June 8, 2010, as World Ocean Day. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2010 

Mr. FARR (for himself, Mrs. CAPPS, Mr. EHLERS, Mr. INSLEE, Mr. PALLONE, 

Mrs. NAPOLITANO, Ms. SCHAKOWSKY, Mr. PERLMUTTER, Mr. KAGEN, 

Ms. LINDA T. SA ́NCHEZ of California, Mr. BROWN of South Carolina, 

Mr. GALLEGLY, Mr. NADLER of New York, Mr. PRICE of North Carolina, 

Ms. LORETTA SANCHEZ of California, and Mr. REYES) submitted the following resolution; which was referred to the Committee on Oversight and 

Government Reform 

RESOLUTION 

Recognizing June 8, 2010, as World Ocean Day. 

Whereas in 2008, the United Nations General Assembly decided that, as of 2009, June 8 would be designated by 

the United Nations as ‘‘World Ocean Day’’; 

Whereas many countries have celebrated World Ocean Day 

following the United Nations Conference on Environment 

and Development, which was held in Rio de Janeiro, 

Brazil, in 1992; 

Whereas World Ocean Day allows us the yearly opportunity 

to pay tribute to the ocean for what it provides; 


jlentini on DSKJ8SOYB1PROD with BILLS
2 

•HRES 1330 IH 

Whereas we have an individual and collective duty, both nationally and internationally, to protect, conserve, maintain, and rebuild our ocean and its resources; 

Whereas our present ocean stewardship is necessary to provide for current and future generations; 

Whereas the world depends on the health of our ocean for a 

full range of ecological, economic, educational, scientific, 

social, cultural, nutritional, and recreational benefits; 

Whereas the ocean is linked to adaptation to climate and 

other environmental change, foreign policy, and national 

and homeland security; 

Whereas we must ensure accountability for our actions, and 

serve as a model country promoting balanced, productive, 

efficient, sustainable, and informed ocean, coastal, and 

Great Lakes use, management, and conservation within 

the global community; and 

Whereas our ocean is in need of strong policies that support 

ecosystem-based management, coastal and marine spatial 

planning, informed science-based decision making and 

improved understanding, government coordination, resiliency and adaptation to climate change and ocean acidification, regional ecosystem protection and restoration, enhanced water quality and sustainable practices on land, 

changing conditions in the Arctic as well as ocean, coastal, and Great Lakes observations and infrastructure: 

Now, therefore, be it 

1 Resolved, That the House of Representatives recog2 nizes World Ocean Day. 

Æ 


jlentini on DSKJ8SOYB1PROD with BILLS
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 this Annual Report on Form 10-K of Voxware, Inc. (the "Company") for the year ended June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, William G. Levering III, Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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.




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




/s/ William G. Levering IIIDated: September 28, 2010
William G. Levering IIIChief Financial Officer


---
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 June 30, 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


August 12, 2008
EXHIBIT
32.2








SECTION
1350 CERTIFICATION








In
connection with the Quarterly Report of Teen Education Group,  Inc.
(the "Company") on Form 10-Q/A for the quarter  ending March 31, 2009
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"),  I, Robert L.  Wilson,  President 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 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.








Date:
March 30, 2010











By: /s/
ROBERT L. WILSON


___________________________


Robert L.
Wilson


Principal
Financial Officer
[Federal Register Volume 66, Number 113 (Tuesday, June 12, 2001)]
[Rules and Regulations]
[Page 31561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14744]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 01-1321, MM Docket No. 01-57, RM-10031]


Digital Television Broadcast Service; Panama City, FL

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: The Commission, at the request of WJHG-TV Licensee 
Corporation, licensee of station WJHG-TV, substitutes DTV channel 8 for 
DTV channel 42 at Panama City, Florida. See 66 FR 12752, February 28, 
2001. DTV channel 8 can be allotted to Panama City in compliance with 
the principal community coverage requirements of Section 73.625(a) at 
reference coordinates (30-26-00 N. and 85-24-51 W.) with a power of 
27.0, HAAT of 265 meters and with a DTV service population of 334 
thousand.
    With is action, this proceeding is terminated.

DATES: Effective July 23, 2001.

FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Mass Media Bureau, 
(202) 418-1600.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MM Docket No. 01-57, adopted June 1, 2001, and 
released June 6, 2001. The full text of this Commission decision is 
available for inspection and copying during normal business hours in 
the FCC Reference Center 445 12th Street, SW., Washington, DC. The 
complete text of this decision may also be purchased from the 
Commission's copy contractor, International Transcription Services, 
Inc., (202) 857-3800, 1231 20th Street, NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

    Television, Digital television broadcasting.


    Part 73 of Title 47 of the Code of Federal Regulations is amended 
as follows:

Part 73--[AMENDED]

    1. The authority citation for Part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336.


Sec. 73.622  [Amended]

    2. Section 73.622(b), the Table of Digital Television Allotments 
under Florida, is amended by removing DTV channel 42 and adding DTV 
channel 8 at Panama City.

Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Services Division, Mass Media Bureau.
[FR Doc. 01-14744 Filed 6-11-01; 8:45 am]
BILLING CODE 6712-01-U
#### Nicholas GONZALEZ TORRES, Plaintiff-Appellant, v. Brian BELLEQUE, OSP Superintendent; et al., Defendants-Appellees.

No. 08-35392.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 13, 2010.*

Filed Oct. 5, 2010.

Nicolas Gonzalez Torres, Salem, OR, pro se.

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 **

Oregon state prisoner Nicholas Gonzalez Torres appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that he was denied access to the courts. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915(e)(2). *Huftile v. Miccio-Fonseca,**190410 F.3d 1136, 1138 (9th Cir.2005). We affirm.

The district court properly dismissed the action because Torres had access to court-appointed counsel. *See United States v. Wilson,*690 F.2d 1267, 1271-72 (9th Cir.1982) (the offer of court-appointed counsel satisfies the Fifth Amendment obligation to provide meaningful access to the courts, even where detainee is denied pretrial access to a law library); see *also Lewis v. Casey,*518 U.S. 343, 350-51, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (prisoners have no per se right to a law library).

Contrary to Torres’s contention, the district court did not abuse its discretion by dismissing his complaint without leave to amend because amendment would have been futile. *See Lopez v. Smith,*203 F.3d 1122, 1127 (9th Cir.2000) (en banc).

The district court also did not abuse its discretion by denying Torres’s motions for reconsideration because Torres did not identify any new evidence, change in law, clear error, or manifest injustice. *See Sch. Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc.,*5 F.3d 1255, 1262-63 (9th Cir.1993) (reviewing for abuse of discretion and setting forth requirements for reconsideration).

Finally, the district court did not abuse its discretion in denying Torres’s recusal motion because no “reasonable person with knowledge of all the facts would conclude that the judge’s impartiality might reasonably be questioned.” *Clemens v. U.S. Dist. Court for the Cent. Dist. of Cal.,*428 F.3d 1175, 1178 (9th Cir.2005) (internal quotation marks and citation omitted).

We do not consider arguments raised for the first time on appeal. *See Smith v. Marsh,*194 F.3d 1045, 1052 (9th Cir.1999).

Torres’s remaining contentions are unpersuasive.

The opening brief received on March 15, 2010 is ordered filed.

Torres’s request for the appointment of counsel is denied.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
```

[Federal Register: July 21, 1998 (Volume 63, Number 139)]
[Notices]
[Page 39074]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy98-40]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND PLACE: 11:00 a.m., Friday, August 14, 1998.

PLACE: 1155 21st St., N.W., Washington, D.C. 9th Floor Conference Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Surveillance Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 98-19529 Filed 7-17-98; 3:21 pm]
BILLING CODE 6351-01-M
```

----

**======== RETURN TO INDEX    ========**

----
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 this Annual Report on Form 10-KSB of Voxware, Inc. (the
"Company") for the year ended June 30, 2005, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned, Thomas
J. Drury, Jr., Chief Executive Officer of the Company, hereby certifies,
pursuant to 18 U.S.C. Section 1350, 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.
  A signed
original of this written statement required by Section 906 has been provided to
Voxware, Inc. and will be retained by Voxware, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
  Dated: September 26,
      2005
    
    /s/ Thomas J. Drury,
      Jr.Thomas J. Drury, Jr.Chief Executive
      Officer
[Federal Register Volume 66, Number 12 (Thursday, January 18, 2001)]
[Notices]
[Page 4796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1467]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Intergovernmental Advisory Committee Meeting

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: The Intergovernmental Advisory Committee (IAC) will meet on 
February 1, 2001, at the Hilton Hotel, 921 SW 6th Avenue, Portland, 
Oregon 97204-1296. The purpose of the meeting is to continue 
discussions on the implementation of the Northwest Forest Plan (NFP). 
The meeting will begin at 9:30 a.m. and continue until 3:30 p.m. Agenda 
items to be discussed include, but are not limited to: IAC Topics for 
advice, the Aquatic Riparian Effectiveness Monitoring Plan, and an 
update on the survey and Manage Record of Decision. The IAC meeting 
will be open to the public and is fully accessible for people with 
disabilities. Interpreters are available upon request in advance. 
Written comments may be submitted for the record at the meeting. Time 
will also be scheduled for oral public comments. Interested persons are 
encouraged to attend.

FOR FURTHER INFORMATION CONTACT: Questions regarding this meeting may 
be directed to Steve Odell, Executive Director, Regional Ecosystem 
Office, 333 SW, 1st Avenue, P.O. Box 3623, Portland, OR 97208 (Phone: 
503-808-2166).

    Dated: January 11, 2001.
Stephen J. Odell,
Designated Federal Official.
[FR Doc. 01-1467 Filed 1-17-01; 8:45 am]
BILLING CODE 3410-11-M
Exhibit (m)(33)

FORM OF

DISTRIBUTION AND SERVICE PLAN

FIDELITY INVESTMENT TRUST: FIDELITY INTERNATIONAL
#### Vitaly ZAKOUTO, Petitioner-Appellant, v. James BENEDETTI, Respondent-Appellee.

No. 08-15619.

United States Court of Appeals, Ninth Circuit.

Submitted May 25, 2010.*

Filed June 11, 2010.

William B. Terry, Esquire, Linda Nor-vell Marquis, Esquire, Las Vegas, NV, for Petitioner-Appellant.

Michael Bongard, Deputy Attorney General, Attorney Generals Office, Ely, NV, for Respondent-Appellee.

Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.

*

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

MEMORANDUM **

Nevada state prisoner Vitaly Zakouto appeals from the district court’s judgment denying his 28 U.S.C. § 2254 petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

Zakouto contends that the trial court violated his confrontation rights by admitting into evidence the deceased victim’s videotaped testimony from a prior family court proceeding. It is undisputed that the victim was unavailable to testify at trial and that Zakouto had an opportunity to cross-examine her at the earlier proceeding. Therefore, the state court’s decision rejecting Zakouto’s confrontation clause claim was neither contrary to, nor an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States. *See*28 U.S.C. § 2254(d); *see also Crawford v. Washington,*541 U.S. 36, 59, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004); *United States v. Owens,*484 U.S. 554, 559, 108 S.Ct. 838, 98 L.Ed.2d 951 (1988).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
```

[Federal Register: March 11, 1997 (Volume 62, Number 47)]
[Notices]
[Page 11160]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr97-58]

-----------------------------------------------------------------------


COMMODITY FUTURES TRADING COMMISSION

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 2:00 p.m., Monday, March 10, 1997.

PLACE: 1155 21st St., N.W., Washington, D.C. 9th Fl. Conference Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Adjudicatory matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 97-6189 Filed 3-7-97; 11:03 am]
BILLING CODE 6351-01-M
```

----

**======== RETURN TO    INDEX ========**

----
#### Robert Ray YOUNG, Appellant, v. Tina JACKSON, Manager of Appletree Apartments; Assistant Manager of Appletree Apartments, Appellees.

No. 10-2304.

United States Court of Appeals, Eighth Circuit.

Submitted: Nov. 1, 2010.

Filed: Nov. 3, 2010.

Robert Ray Young, Independence, MO, pro se.

Joni Cole, Quitmeier Law Firm, Kansas City, MO, for Appellees.

Before LOKEN, MURPHY, and BENTON, Circuit Judges.

PER CURIAM.

Missouri resident Robert Young brings this interlocutory appeal challenging the district court’s1 denial of appointment of *124counsel.2 After careful review, we conclude that the district court did not abuse its discretion, *see Phillips v. Jasper County Jail,*437 F.3d 791, 794 (8th Cir.2006) (standard of review and relevant factors), and we therefore affirm. We also deny the pending motions. *See*8th Cir. R. 47B.

1

. The Honorable Dean Whipple, United States District Judge for the Western District *124of Missouri.

2

. This appeal is timely only as to the June 8, 2010 order denying appointment of counsel. *See*Fed. R.App. P. 4(a)(1)(A); *Nat’l Ass’n of Chain Drug Stores v. New Eng. Carpenters Health Benefits Fund,*582 F.3d 30, 40 (1st Cir.2009).
| **-------------------------------------------------------------------------------------------------------------------------------------------------------** |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------|

| DOCUMENT: | **CL** | **1** |
|-----------|--------|-------|

|  | **American        Federation of Government Employees (Garitta, Steven)** |
|--|---------------------------------------------------------------------------|

| DATE: | 11/1/99 | FR        PAGE: | N/A | PAGES: | 8 | PDF        SIZE: | 368        KB | PDF        LINK: | cf9935c001.p |
|-------|---------|------------------|-----|--------|---|-------------------|----------------|-------------------|--------------|

|  | **-------------------------------------------------------------------------------------------------------------------------------------------------------** |
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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 of Chay Enterprises, Inc. a Colorado corporation (the Company), on Form 10-QSB for the quarterly period ending September 30, 2007 as filed with the Securities and Exchange Commission (the Report), I, Philip J. Davis, Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350), that to my knowledge:  (1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); 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/ Philip J. Davis Date: November 14, 2007 Philip J. Davis Chief Executive Officer and Chief Financial Officer