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Gregory J. Kuykendall, Bar # 012508

Amy P. Knight, Bar # 031374

KUYKENDALL & ASSOCIATES

531 S Convent Avenue

Tucson, AZ 85701

(520) 792-8033

greg@kuykendall-law.com

amyknight@kuykendall-law.com

Attorneys for Defendant Scott Daniel Warren

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

United States of America,

Plaintiff,

vs.

SCOTT DANIEL WARREN,

Defendant.

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No.CR-18-00223-001-TUC-RCC(BPV)

MOTION TO MODIFY 

CONDITIONS OF RELEASE AND 

TO WAIVE PRESENCE AT 

MOTION HEARING

Excludable delay pursuant to 18 U.S.C. Section 3161(h)(1)(F) will not occur 

as a result of this motion or of an order based thereon.

Defendant, Scott Daniel Warren, Ph.D., by and through his attorneys 

undersigned, Gregory J. Kuykendall, and Amy P. Knight, hereby requests that the 

Court modify the conditions of release previously imposed to allow him to travel to 

New Orleans, Louisiana, April 10-14, 2018. Dr. Warren plans to attend the annual 

meeting of the American Association of Geographers. 

Case 4:18-cr-00223-RCC-DTF Document 39 Filed 03/27/18 Page 1 of 3
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In addition, Dr. Warren requests this Court’s permission to waive his presence 

at the hearing on his Motion for a Bill of Particulars, scheduled for April 11, 2018. 

This hearing will not involve the taking of evidence, and thus his presence should 

not be required. 

Defense counsel has spoken with Assistant United States Attorney Anna 

Wright and United States PTS Officer Rubyann Shelby, and neither person has any 

objection to this request. Ms. Shelby requests that Dr. Warren be required to inform 

her of his specific travel plans, as well as his actual departure from and arrival to

Tucson.

RESPECTFULLY SUBMITTED this 27th day of March, 2018.

By /s/ Amy P. Knight

Gregory J. Kuykendall

Amy P. Knight

531 S Convent Avenue

Tucson, AZ 85701

Attorneys for Defendant Scott 

Daniel Warren

CERTIFICATE OF SERVICE

I certify that on March 27th, 2018, I electronically transmitted a PDF version 

of this document to the Clerk of Court using the CM/ECF System for filing and for 

transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 

Nathaniel J. Walters, Esq. (email: Nathaniel.walters@usdoj.gov) 

Anna R. Wright, Esq. (email: anna.wright@usdoj.gov) 

United States Attorney’s Office 

Case 4:18-cr-00223-RCC-DTF Document 39 Filed 03/27/18 Page 2 of 3
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405 W. Congress, Suite 4800 

Tucson, AZ 85701

Case 4:18-cr-00223-RCC-DTF Document 39 Filed 03/27/18 Page 3 of 3
**Exhibit 32.2**

 

**CERTIFICATION OF PERIODIC REPORT**

**PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Roderick Bartlett, Chief Financial Officer of TransAct Energy Corp., (the “Company”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to the best of my knowledge:

 

(1)the Quarterly Report on Form 10-Q, of the Company for the fiscal quarter ended June 30, 2019 (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 78 o(d)); 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 of the Sarbanes-Oxley Act has been furnished to TransAct Energy Corp. and will be retained by TransAct Energy Corp. and furnished to the Securities and Exchange Commission or its staff upon request.
IV 

111TH CONGRESS 

1ST SESSION H. RES. 789 

Expressing support for designation of October 2, 2009, as World MRSA 

Day. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2009 

Mrs. BIGGERT submitted the following resolution; which was referred to the 

Committee on Oversight and Government Reform 

RESOLUTION 

Expressing support for designation of October 2, 2009, as 

World MRSA Day. 

Whereas MRSA is an acronym for methicillin-resistant staphylococcus aureus, which causes deadly infections in patients in healthcare facilities and within our communities; 

Whereas the Centers for Disease Control and Prevention 

(CDC) have estimated that hospital-acquired MRSA infections alone killed more than 19,000 United States 

residents in 2006; 

Whereas patient and consumer organizations around the 

globe are lending their voices to the call of world unity 

in leadership and commitment in preventing and stopping 

MRSA, which is pandemic and spreading at alarming 

rates; 


wwoods2 on DSK1DXX6B1PROD with BILLS
2 

•HRES 789 IH 

Whereas leading patient and consumer advocates call upon 

healthcare officials and leaders to step up and take a 

more comprehensive approach to eradicate this preventable disease and focus on a broad and pro-active prevention program; and 

Whereas as an integral part of its multi-faceted program, the 

MRSA Survivors Network, the first consumer organization in the United States to raise the alarm concerning 

the MRSA epidemic and other multi-drug resistant 

healthcare-acquired infections, has announced ‘‘World 

MRSA Day’’, which will be held on October 2, 2009, and 

commemorated each year after on this date; in addition, 

the month of October will also be designated ‘‘World 

MRSA Awareness Month’’ in order to call attention to 

this worldwide epidemic: Now, therefore, be it 

1 Resolved, That the House of Representatives supports 

2 the designation of World MRSA Day. 

Æ 


wwoods2 on DSK1DXX6B1PROD with BILLS
Fourth Court of Appeals

San Antonio, Texas

October 29, 2015

No. 04-15-00658-CV

IN RE CREST PUMPING TECHNOLOGIES, LLC

Original Mandamus Proceeding1

ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Karen Angelini, Justice 

Rebeca C. Martinez, Justice

On October 23, 2015, relator filed a petition for writ of mandamus. The court has 

considered relator’s petition and is of the opinion that relator is not entitled to the relief sought. 

Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a). The 

court’s opinion will issue at a later date.

It is so ORDERED on October 29, 2015.

_________________________________

Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 29th day of October, 2015.

___________________________________

Keith E. Hottle, Clerk

 

1 This proceeding arises out of Cause No. 13-11-12132-DCV, styled Monica Talamantes, Individually and as 

Personal Representative of the Estate of Ruben J. Talamantes, Deceased; Clarissa Reyes, as Next Friend of J.S.T.; 

and Alexandria Esquivel v. Crest Pumping Technologies, LLC and Jose Alfaro, pending in the 293rd Judicial 

District Court, Dimmit County, Texas, the Honorable Ron Carr presiding.
EXHIBIT 31.1

CERTIFICATION

I, Adam S. Berger, certify that:

1. I have reviewed this report on Form 10-Q of Spark Networks, Inc.;

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.

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.



|                       
|-----------------------
|                       
|/s/ Adam S. Berger     
|Adam S. Berger         
|Chief Executive Officer
|November 9, 2007
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROGER DAVID TOWERS; CATHERINE 

TOWERS, 

Plaintiffs-Appellants, 

 v. 

JAMES MARK MYLES; et al., 

Defendants-Appellees.

No. 19-16684 

D.C. No. 2:18-cv-02996-JAM-KJN 

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

John A. Mendez, District Judge, Presiding

Submitted February 17, 2021**

Before: FERNANDEZ, BYBEE, and BADE, Circuit Judges. 

Roger David Towers and Catherine Towers appeal pro se from the district 

court’s judgment dismissing their action alleging federal claims related to the land 

use designation of their property and a restraining order against Mr. Towers. We 

have jurisdiction under 28 U.S.C. § 1291. We affirm.

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

FEB 23 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 19-16684 

In their opening brief, plaintiffs fail to raise, and therefore have waived, any 

challenge to the district court’s dismissal of their action as barred by claim and 

issue preclusion. See Indep. Towers of Wash. v. Washington, 350 F.3d 925, 929 

(9th Cir. 2003) (“[W]e will not consider any claims that were not actually argued 

in appellant’s opening brief.”); Acosta-Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir. 

1993) (issues not supported by argument in pro se appellant’s opening brief are 

waived).

On February 28, 2020, a panel denied plaintiffs’ motion for disqualification 

of the magistrate judge and district judge. The February 28, 2020 order further 

stated that “[n]o motions for reconsideration, clarification, or modification of this 

denial shall be filed or entertained,” and that plaintiffs should not raise these same 

arguments in the opening brief. Accordingly, we do not consider plaintiffs’ 

contentions related to the issue of recusal of the magistrate judge and district judge.

We reject as without merit plaintiffs’ contentions that the district judge 

failed to conduct a de novo review of the magistrate judge’s findings and 

recommendations, and that the action was erroneously referred to the jurisdiction 

of the magistrate judge. 

We do not consider matters not specifically and distinctly raised and argued 

in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). 

AFFIRMED.
**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**

|   | 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 operations of the                Company |
|--|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/                Richard A. Robert                                                                                                                |   |
|-----------------------------------------------------------------------------------------------------------------------------------------------------|--------|
| Richard                A. Robert                                                                                                                    |   |
| Executive                Vice President andChief                Financial Officer(Principal                Financial Officer) December 6, 2007 |   |

----
# FILED
June 30, 1997 Cecil W. Crowson Ap pellate Cou rt Clerk IN THE COU RT OF CR IMINA L A PPEA LS OF TENN ESSEE

AT NA SHVILLE MA Y 1997 SESSION

STA TE OF TENN ESSEE, ) ) C.C.A. N o. 01C01-9603-C C-00119 Appellee, ) ) Bedford County V. ) ) Honorab le W illiam Ch arles Le e, Judge ) JEROME PA

TRICK LYONS, ) (Speed ing)

) Appellant. )

FOR TH E APPEL LANT: FOR THE APPELLEE: Jerome Patric k Lyons, Pro Se Charles W. Burson 200 7th Street -Bell Buckl e Attorney General & Reporter P.O. Box 0622 Shelbyv ille, TN 37160- 0622 Georgia Bl ythe Felner Counsel for the State Criminal J ustice Div ision 450 James Roberts on Parkway Nashvil le, TN 37243-0493 W illia m Mich ael Mc Cown Distric t Attorney General Robert G. Cr igler Assistant D istrict A

ttorney Gener

al One Public Sq uare, Suite 300 Shelbyv ille, TN 37160- 3953

OPINION FILE D: ___________________
AF FIRMED
PAU L G. SUMM ERS, Judge-2- O P I N I O N The appellant, Jer

ome Patrick Ly

ons, was i ssued a speedingcitation by Trooper Inman of the Tennesse e Highway Patrol for traveli ng 81 m.p.h. in a 55 m.p.h. zone. After

a preliminar

y hearing , he was bound over to th e grand jur y by the General Sess ions Court. The grand jur y indict ed the appellant for speeding. The appellant chose to represent hi mself at trial. The jury found h im guilty of speeding. The trial court entered jud gment. The appellant appeals his convi ctio n rais ing th e fo llowin g issu es f or ou r revie w:

1. W hether the trial court had prejudicial ex partecommunications with the jurors; 2. Whether the speeding ticket was is sued in vi olation of Tennessee's Const itution; 3. Whether the trial court was corr ect in refusingthe appellant a trial at the General Sessions level; 4. Whether the district atto rney gene ral abused his discretion by having t he appellant indi cted by the g rand jury ; and 5. Whether the transmission of therecord for appeal is complete.

This Court under

stands that as t o pro se litigants, our criminal justice system w ith all of its

rules appears

overw helming. With this in mi nd, we attempt to relax or bend the rul es when confron ted with pro se appe als. Howeve r, we cannot break the rules. This Court is one of review and cannot properly address the appellant's

issues w ithout a transc ript or st atement of the proceedin gs. It was incumbent

upon the appellant to prepare a record that inc luded all mater ial necessary

for dispositi on of his appeal. Tenn. R . App. P. 24(b) & (c); Stat e v. Beech , 744 S.W.2d 585, 588 (Tenn. Crim. App . 1987). Fur thermore, the appellant's issues are not supp orted by argument, citation to correct autho rities, or appropriat e references to th e record. F ailing to do so results in a wai ver of these issues. Tenn. R. Ct. C rim. App., Rul e 10(b). Accordingly , the judgment of the trial court is affirmed i n accordance w ith Tenn. R. Ct . Crim. App., Rule 20.-3- __________________________ PAUL G. S UMMERS, Ju dge
CONCUR:

__________________________ DAVID G. HA YES, Judge

__________________________ JERRY L. SMITH, Judge
#### Roque ARANDA, Plaintiff-Appellant, v. Thomas PRASIFKA, Warden; Joann Davis; Rosemary Heinsohn, Defendants-Appellees.

No. 03-40317.

Summary Calendar

United States Court of Appeals, Fifth Circuit.

Aug. 13, 2003.

Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.

PER CURIAM.*

Roque Aranda, Texas prisoner # 805045, appeals the district court’s dismissal of his civil rights lawsuit pursuant to 42 U.S.C. § 1983. The district court dismissed the suit because Aranda failed to comply with a sanction order issued by another district court within the same district which required Aranda to pay a monetary sanction and to obtain judicial approval prior to submitting any filings to the clerk of the court for the Southern District of Texas.

The district court did not abuse its discretion in dismissing the suit for failure to comply with the sanction order. *Balawajder v. Scott,*160 F.3d 1066, 1068 (5th Cir.1998). Aranda argues that he paid the monetary sanction, but he failed to comply *358with the requirement to obtain judicial approval prior to filing his suit. *See id.*

This appeal is without arguable merit and is thus frivolous. *See Howard v. King,*707 F.2d 215, 219-20 (5th Cir.1983). Because the appeal is frivolous, it is DISMISSED. *See*5th Cir. R. 42.2.

Aranda is subject to the three-strikes bar of 28 U.S.C. § 1915(g). *See Aranda v. Simpson,*No. 01-20064, at 2 (5th Cir. June 13, 2001) (unpublished). While this appeal was pending, this court warned Aranda that the filing of frivolous pleadings would invite the imposition of sanctions. *See Aranda v. Texas Bd. of Pardons and Parole,*No. 03-40202, at 2 (5th Cir. May 6, 2003) (unpublished). To avoid sanctions for any matter that may be pending, Aranda should review all pending matters and move to voluntarily dismiss any that are frivolous.

APPEAL DISMISSED, SANCTION WARNING ISSUED.

*

 Pursuant to 5th Cir. R. 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 5th Cir. R. 47.5.4.
```

[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Notices]
[Pages 26905-26906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13378]

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

FEDERAL RESERVE SYSTEM

Notice of Proposals To Engage in Permissible Nonbanking 
Activities or To Acquire Companies That Are Engaged in Permissible 
Nonbanking Activities

    The companies listed in this notice have given notice under section 
4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and 
Regulation      Y, (12 CFR part 225) to engage de novo, or to acquire 
or control voting securities or assets of a company that engages either 
directly or through a subsidiary or other company, in a nonbanking 
activity that is listed in Sec.  225.25 of Regulation Y (12 CFR 225.25) 
or that the Board has determined by Order to be closely related to 
banking and permissible for bank holding companies. Unless otherwise 
noted, these activities will be conducted throughout the United States.
    Each notice is available for inspection at the Federal Reserve Bank 
indicated. Once the notice has been accepted for

[[Page 26906]]

processing, it will also be available for inspection at the offices of 
the Board of Governors. Interested persons may express their views in 
writing on the question whether the proposal complies with the 
standards of section 4 of the BHC Act, including whether consummation 
of the proposal can ``reasonably be expected to produce benefits to the 
public, such as greater convenience, increased competition, or gains in 
efficiency, that outweigh possible adverse effects, such as undue 
concentration of resources, decreased or unfair competition, conflicts 
of interests, or unsound banking practices'' (12 U.S.C. 1843). Any 
request for a hearing on this question must be accompanied by a 
statement of the reasons a written presentation would not suffice in 
lieu of a hearing, identifying specifically any questions of fact that 
are in dispute, summarizing the evidence that would be presented at a 
hearing, and indicating how the party commenting would be aggrieved by 
approval of the proposal.
    Unless otherwise noted, comments regarding the applications must be 
received at the Reserve Bank indicated or the offices of the Board of 
Governors not later than June 11, 1996.
    A. Federal Reserve Bank of Kansas City (John E. Yorke, Senior Vice 
President) 925 Grand Avenue, Kansas City, Missouri 64198:
    1. Fort Calhoun Investment Company, Fort Calhoun, Nebraska; to 
engage de novo in expanding its insurance agency activity to include 
the sale of all types of life insurance products other than life 
insurance or annuities, pursuant to Sec.  225.25(b)(vi) of the Board's 
Regulation Y. Company is a bank holding company with consolidated 
assets of under $50 million.

    Board of Governors of the Federal Reserve System, May 22, 1996.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 96-13378 Filed 5-28-96; 8:45 am]
BILLING CODE 6210-01-F
```
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Notices]
[Page 29565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14945]



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

FEDERAL RESERVE BOARD


Sunshine Act Meeting

Agency Holding the Meeting: Board of Governors of the Federal Reserve 
System.

Time and Date: 11:00 a.m., Monday, June 17, 1996.

Place: Marriner S. Eccles Federal Reserve Board Building, C Street 
entrance between 20th and 21st Streets, N.W., Washington, D.C. 20551.

Status: Closed.

Matters to be Considered:

    1. Personnel actions (appointments, promotions, assignments, 
reassignments, and salary actions) involving individual Federal 
Reserve System employees.
    2. Any items carried forward from a previously announced 
meeting.

Contact Person for More Information: Mr. Joseph R. Coyne, Assistant to 
the Board; (202) 452-3204. You may call (202) 452-3207, beginning at 
approximately 5 p.m. two business days before this meeting, for a 
recorded announcement of bank and bank holding company applications 
scheduled for the meeting.

    Dated: June 7, 1996.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 96-14945 Filed 6-7-96; 2:42 pm]
BILLING CODE 6210-01-P