alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-40358 Conference Calendar

RAUL DIAZ, Plaintiff-Appellant,

versus WILLIAM F. WOODS, WARDEN, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas

USDC No. C-95-CV-490

- - - - - - - - - - October 23, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM: * Raul Diaz appeals the dismissal of his petition for habeas corpus, which he filed pursuant to 28 U.S.C. § 2241. Attacks on the validity of a conviction must be brought under 28 U.S.C. § 2255, not § 2241, and such claims may be adjudicated only in the district in which the prisoner was sentenced. Broussard v. Lippman , 643 F.2d 1131, 1134 (5th Cir.), cert. denied , 452 U.S.No. 96-40358 - 2 - 920 (1981). See also , Cox v. Warden, Federal Detention Ctr. , 911 F.2d 1111, 1113 (5th Cir. 1990). The sentencing court in this case was the District Court for the Western District of Texas, but Diaz filed his habeas petition in the District Court for the Southern District of Texas. Appellant’s prior unsuccessful motion pursuant to 28 U.S.C. § 2255, which he filed in the proper forum, does not entitled him to seek relief under 28 U.S.C. § 2241. McGhee v. Hanberry , 604 F.2d 9, 10 (5th Cir. 1979). The district court did not err in dismissing Diaz’s petition. This appeal is frivolous. We caution Diaz that any additional frivolous appeals filed by him will invite the imposition of sanctions. To avoid sanctions, Diaz is further cautioned to review any pending appeals to ensure that they do not raise arguments that are frivolous.
APPEAL DISMISSED; SANCTION WARNING ISSUED.
Barry Glenn THUNDER, petitioner, v. Douglas WEBER, Warden.

No. 18-7855.

Supreme Court of the United States

April 15, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Notices]
[Pages 26346-26347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09579]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Air Force


Amended Notice of Intent To Prepare an Environmental Impact 
Statement for Regional Special Use Airspace Optimization To Support Air 
Force Missions in Arizona

AGENCY: United States Air Force, Department of Defense.

ACTION: Amended Notice of Intent.

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

SUMMARY: On January 18, 2022, the Department of the Air Force (DAF) 
issued a Notice of Intent to prepare an Environmental Impact Statement 
(EIS) for Regional Special Use Airspace Optimization to Support Air 
Force Missions in Arizona (Vol. 87, No. 11 Federal Register, 2597, 
January 18, 2022). The Notice of Intent announced a 45-day formal 
scoping period through March 4, 2022, included the dates and locations 
of in-person scoping meetings, and solicited public comments on the 
DAF's proposed action. In response to public and stakeholder input 
received during the initial scoping period, the DAF has decided to 
extend the formal scoping comment period for this EIS. This Amended 
Notice of Intent extends the formal scoping comment period through June 
3, 2022 to allow additional

[[Page 26347]]

time for the interested public to review the proposed action and submit 
scoping comments. No changes have been made to the proposed action. All 
handouts and displays are available on the project website 
(www.ArizonaRegionalAirspaceEIS.com). Comments submitted during the 
initial public scoping period from January 18-March 4, 2022 are 
currently being reviewed and do not need to be resubmitted. Further 
comments can be provided through the project website and via mail to 
the address listed below.

DATES: The extended public scoping comment period begins upon 
publication of this Notice. Further scoping comments are requested by 
June 3, 2022 to ensure full consideration in the Draft EIS in 
accordance with 40 CFR 1501.9.

ADDRESSES: Please mail public scoping comments to: Arizona Regional 
Airspace EIS, c/o Cardno, 501 Butler Farm Rd., Suite H, Hampton, VA 
23666. Comments may also be submitted through the project website 
www.ArizonaRegionalAirspaceEIS.com.

FOR FURTHER INFORMATION CONTACT: Ms. Grace Keesling, Arizona Regional 
Airspace EIS, c/o Cardno, 501 Butler Farm Rd., Suite H, Hampton, VA 
23666; Telephone: (210) 925-4534 at grace; or Email: 
<a href="/cdn-cgi/l/email-protection#29424c4c5a4540474e0718695c5a07484f07444045"><span class="__cf_email__" data-cfemail="8fe4eaeafce3e6e1e8a1becffafca1eee9a1e2e6e3">[email protected]</span></a>.

Adriane Paris,
Air Force Federal Register Liaison Officer.
[FR Doc. 2022-09579 Filed 5-3-22; 8:45 am]
BILLING CODE 5001-10-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
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 China TransInfo Technology Corp. (the
“Company”) on Form 10-K for the period ended December 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Zhihai
Mao, 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 result of operations of the Company.




/s/
      Zhihai MaoZhihai
      Mao
                Chief
      Financial Officer





March 25,
2009





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





The
forgoing certification is being furnished to the Securities and Exchange
Commission pursuant to § 18 U.S.C. Section 1350. It is not being filed for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and
is not to be incorporated by reference into any filing of the Company, whether
made before or after the date hereof, regardless of any general incorporation
language in such filing.
**Exhibit **31.2

**Certification**

I, William J.Tamblyn, certify that:

*1.*     Ihave reviewed this Amendment No. 1 to Annual Report on Form 10-K/Aof Ditech Networks, Inc.;

*2.    *Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report.
| Date: August 28, 2007 | /s/ WILLIAM  J. TAMBLYN                             |
|----------------------------|----------------------------------------------------------|
|                       | William J. Tamblyn                                  |
|                       | *Chief Financial Officer (Principal Financial  Officer)* |

 

----
ASSIGNMENT AND ASSUMPTION OF EMPLOYMENT
AGREEMENT



THIS ASSIGNMENT AND ASSUMPTION AGREEMENT is between Wild Oats Markets, Inc.
(the "Assignor") and Wild Oats Financial, Inc. ("Assignee").

RECITALS

A. Wild Oats Markets, Inc. entered into an Employment Agreement (the
"Employment Agreement") with Edward F. Dunlap (the
"Employee") dated December 17, 2001;

B. The Employment Agreement provides for the Employee to serve as Chief
Financial Officer and to perform such customary functions of this position;

C. Wild Oats Financial, Inc. is a wholly owned subsidiary of Assignor that
handles the financial functions of Assignor;

D. Assignor wishes to assign its interest in the Employment Agreement to the
Assignee;

NOW THEREFORE, effective June 29, 2002, in consideration of the continuing
services of Employee as a corporate officer for Assignor and certain other good
and valuable consideration paid to Wild Oats Markets, Inc., the receipt and
sufficiency of which are hereby acknowledged, Assignor grants, transfers,
assigns and conveys unto Assignee its entire right, title and interest in and to
the Employment Agreement and Assignee agrees to assume the obligation of the
Assignor thereunder.

|WILD OATS MARKETS, INC.         |  | WILD OATS FINANCIAL, INC.        
|------------------------------- |  | ---------------------------------
|                                |  |                                  
|By: /s/Freya Brier, V.P., Legal |  | By:  /s/ Karen Novotny, Secretary





ACKNOWLEDGMENT AND CONSENT OF EMPLOYEE

Employee hereby acknowledges and consents to the assignment of Assignor's
interest in the Employment Agreement to Assignee, effective June 29, 2002.

EDWARD F. DUNLAP

By:/s/ Edward F. Dunlap
Jesus E. MORENO ORNELAS, petitioner, v. UNITED STATES.

No. 18-7599.

Supreme Court of the United States

May 28, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Norberto SERNA, petitioner, v. CALIFORNIA.

No. 18-5408.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District denied.
#### MURRAY CURE INSTITUTES COMPANY v. C. R. WARD and Another.1

June 22, 1909.

Nos. 16,079—(131).

Action in the district court for Hennepin county to recover $500 for services rendered and materials used. The defendants demanded a change of venue to Koochiching county, where defendants resided. Plaintiff moved to return the case to Hennepin county and the motion was denied, Spooner, J. Plaintiff defaulting at the trial, Stanton, J., upon motion of defendants’ attorneys, instructed the clerk to enter an order dismissing the action. Upon plaintiff’s motion, under the rules of practice for the district court, for judgment of dismissal without costs, judgment of dismissal was entered with judgment for costs in favor of defendants. From this judgment, plaintiff appealed.

Affirmed.

*Mead & Robertson,*for appellant.

*Aad A. Tone*and *S. J. Loud,*for respondents.

1

 Reported in 121 N. W. 878,

Pee Curiam.

Appeal from a judgment of the district court of the county of Koochiching.

The only question presented by the record is whether the trial court erred in denying the plaintiff’s motion for a change of the place of trial for the convenience of witnesses. Such a motion is directed to the discretion of the trial court. Sims v. American Steel Barge Co., 56 Minn. 68, 57 N. W. 322, 45 Am. St. 451. Upon a full consideration of the record, we are of the opinion that the court did not abuse its discretion in this case.

Judgment affirmed.
Exhibit








Exhibit 10.35


AMENDMENT NO. 2
TO THE
TRANSITION SERVICES AGREEMENT




THIS AMENDMENT NO. 2 to the Transition Services Agreement, dated as of September 29, 2017 (“Agreement”), is made and entered into effective as of December 18, 2018, by and between NACCO Industries, Inc. (“NACCO”) and Hamilton Beach Brands Holding Company (“HBBHC”).  Capitalized words not defined herein have the meaning assigned to them in the Agreement.


RECITALS:


WHEREAS, NACCO and HBBHC are parties to the Agreement, as amended by Amendment No. 1 to the Agreement, made and entered into effective as of September 28, 2018, pursuant to which NACCO and its Subsidiaries provide Transition Services upon the terms and conditions set forth in the Agreement; and


WHEREAS, NACCO and HBBHC desire for NACCO and its Subsidiaries to continue to provide certain Transition Services during the Subsequent Transition Period.


NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements set forth herein, NACCO and HBBHC hereby agree as follows:


AGREEMENT:


		
	1.
	Schedule A to the Agreement hereby is deleted in its entirety and replaced with the following:




Schedule A
Transition Services To Be Performed by NACCO and Its Subsidiaries
	
					
	Description of Transition Service 
	Monthly Fee(s) 
	Contact Person / Successor Contact Person*
	Commencement Date
	Expiration Date

	General Accounting Support, including SEC
	$3,750
	E. Loveman / M. Sovacool
	January 1, 2019
	February 28, 2019

	Tax Compliance and Consulting Support
	$3,750
	F. Brown / J Francis
	January 1, 2019
	February 28, 2019




* NACCO may designate a successor contact person upon written notice to Hamilton Beach Brands Holding Company
2.    The Transition Period for each Transition Service set forth in the Schedule A added to the Agreement pursuant to this Amendment shall commence on and expire as of the respective dates set forth in such Schedule A.


3.    Except as amended by this Amendment, all terms and conditions of the Agreement shall remain in full force and effect. 













 IN WITNESS WHEREOF, each of the signatories hereto has caused this Agreement to be signed by its duly authorized officer as of the date first above written.
	
			
	 
	NACCO INDUSTRIES, INC.

	 
	 

	 
	By:
	/s/ Elizabeth I. Loveman

	 
	Name:
	Elizabeth I. Loveman 

	 
	Title 
	Vice President and Controller

	 
	 

	 
	HAMILTON BEACH BRANDS HOLDING COMPANY

	 
	 

	 
	By:
	/s/ Gregory H. Trepp

	 
	Name:
	Gregory H. Trepp

	 
	Title 
	President and Chief Executive Officer
Keith J. MYLES, petitioner, v. FLORIDA.

No. 18-8544.

Supreme Court of the United States

May 20, 2019.

Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District denied.
Deloitte & Touche LLP

1010 Grand Boulevard

Suite 400

Kansas City, Missouri 64106 2232

Tel: (816) 474 6180

www.deloitte.com

Deloitte

& Touche

 

INDEPENDENT ACCOUNTANT'S REPORT

 

The Audit Committee

The PNC Financial Services Group, Inc.

 

We have examined management's assertion, included in the accompanying report titled*Report of                   Management*, the Midland Loan Services, Inc. (MLS), an indirectly wholly owned subsidiary of The                             PNC Financial Services Group, Inc.,  complied with its Servicing Policy based upon the minimum                          servicing standards as set forth in the accompanying management assertion as of and for the year ended               December 31, 2002, dated February 19, 2003. Management is responsible for MLS's compliance with                             the Servicing Policy. Our responsibility is to express an opinion on management's assertion about                                    MLS's compliance based on our examination.

Our examination was made in accordance with the standards established by the American Institute of                           Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about  

MLS's compliance with the Servicing Policy 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 MLS's compliance with the                               Servicing Policy.

In our opinion, management's assertion that MLS complied with the aforementioned Servicing Policy                                    as of and for the year ended December 31, 2002 is fairly stated, in all material respects.

 

Deloitte & Touche LLP

February 19, 2003

 

 

 

 

 

 

 

 

 

 

 

Deloitte

Touche

Tohmatsu
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                           1,706
<SECURITIES>                                         0
<RECEIVABLES>                                      282
<ALLOWANCES>                                      (42)
<INVENTORY>                                        250
<CURRENT-ASSETS>                                   862
<PP&E>                                           9,664
<DEPRECIATION>                                 (4,378)
<TOTAL-ASSETS>                                  10,943
<CURRENT-LIABILITIES>                            1,403
<BONDS>                                              0
<PREFERRED-MANDATORY>                              889
<PREFERRED>                                          0
<COMMON>                                             3
<OTHER-SE>                                       6,170
<TOTAL-LIABILITY-AND-EQUITY>                    10,943
<SALES>                                              0
<TOTAL-REVENUES>                                 1,203
<CGS>                                                0
<TOTAL-COSTS>                                    3,027
<OTHER-EXPENSES>                                 (379)
<LOSS-PROVISION>                                   157
<INTEREST-EXPENSE>                                 159
<INCOME-PRETAX>                                (1,887)
<INCOME-TAX>                                      (16)
<INCOME-CONTINUING>                            (1,903)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,903)
<EPS-BASIC>                                     (0.78)
<EPS-DILUTED>                                   (0.78)


</TABLE>
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 Annual Report of Medifast, Inc. (the “Company”) on Form 10-Q
for the quarter ended September 30, 2010, as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Michael S. McDevitt,
Chief Executive Officer and Chief Financial Officer, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, to the best of my knowledge, that:





(1)
            The
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934, as amended;
  and





(2)
            The
      information contained in the report fairly presents, in all material
      respects, the financial condition and results of the operations of the
      Company.





By:
              /s/ Michael S. McDevittMichael
      S. McDevittChief
      Executive OfficerNovember
      9, 2010By:
              /s/ Brendan N. ConnorsBrendan
      N. ConnorsChief
      Financial OfficerNovember
      9, 2010
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       2,121,379
<SECURITIES>                                   122,340
<RECEIVABLES>                                  528,116
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                       5,005,565
<DEPRECIATION>                                 769,526
<TOTAL-ASSETS>                               9,103,524
<CURRENT-LIABILITIES>                                0
<BONDS>                                      5,739,801
<PREFERRED-MANDATORY>                          553,930
<PREFERRED>                                     66,033
<COMMON>                                         5,602
<OTHER-SE>                                     821,451
<TOTAL-LIABILITY-AND-EQUITY>                 9,103,524
<SALES>                                      2,555,206
<TOTAL-REVENUES>                             2,682,711
<CGS>                                        1,258,539
<TOTAL-COSTS>                                  425,004
<OTHER-EXPENSES>                                46,401
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             347,292
<INCOME-PRETAX>                                272,053
<INCOME-TAX>                                    93,265
<INCOME-CONTINUING>                            137,850
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (7,146)
<CHANGES>                                      (3,363)
<NET-INCOME>                                   127,003
<EPS-PRIMARY>                                     2.11
<EPS-DILUTED>                                     2.01
        

</TABLE>
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1267 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 1267

  To provide grants to local educational agencies that agree to begin 
        school for secondary students after 9:00 in the morning.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 1999

 Ms. Lofgren introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
  To provide grants to local educational agencies that agree to begin 
        school for secondary students after 9:00 in the morning.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Z's to A's Act''.

SEC. 2. PROGRAM AUTHORIZATION.

    (a) In General.--The Secretary of Education is authorized to 
provide a grant of not more than $25,000 to each local educational 
agency that agrees to begin school for secondary students after 9:00 in 
the morning.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, a local educational agency shall submit an application to the 
Secretary providing assurances that--
            (1) at the time of the application, secondary schools 
        served by the local educational agency begin school before 9:00 
        in the morning; and
            (2) not later than 2 years after the date of submission of 
        the application, secondary schools served by such agency shall 
        begin classes after 9:00 in the morning.
    (c) Uses of Funds.--A local educational agency that receives a 
grant under this Act may use such grant funds to pay for the 
administrative and operating costs associated in changing the hours of 
operation of secondary schools served by such agency.
    (d) Definitions.--For purposes of this Act--
            (1) the term ``secondary school'' has the same meaning 
        given such term in section 14101(25) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 8801(25)); and
            (2) the term ``Secretary'' means the Secretary of 
        Education.
                                 <all>
```
Rodney KEISTER, petitioner, v. Stuart BELL, in His Official Capacity as President of the University of Alabama, et al.

No. 18-17.

Supreme Court of the United States

Oct. 1, 2018.

*209Motion of Alliance Defending Freedom, et al. for leave to file a brief as *amici curiae* granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.