alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Joseph Mastropietro, Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, Respondent.

[787 NYS2d 908]

Proceeding pursuant to CPLR article 78 (transferred to this *915Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, an inmate, was charged in a misbehavior report with using a controlled substance after his urine twice tested positive for the presence of opiates. Although the initial determination of guilt rendered after a tier III disciplinary hearing was administratively reversed, a rehearing was ordered after which petitioner was again found guilty of the charge. This determination was affirmed on administrative appeal, resulting in this CPLR article 78 proceeding.*

Initially, we note that inasmuch as the rehearing was conducted within seven days of the receipt by prison officials of the notice ordering it, as provided for in the administrative reversal, it was timely *(see Matter of Rodriguez v Coombe,*239 AD2d 854, 854 [1997], *lv dismissed*91 NY2d 907 [1998]). There is no merit to petitioner’s claim that the rehearing should have been commenced by a particular hour of the day. Furthermore, we do not find that petitioner was improperly denied certain documents or the right to present the testimony of the facility Superintendent or respondent as this evidence was not relevant, to the charge *(see Matter of Burse v Goord,*274 AD2d 678, 679 [2000]). Finally, contrary to petitioner’s claim, there is no indication from the record that the Hearing Officer was biased or that the determination flowed from any alleged bias *(see Matter of Cliff v Selsky,*293 AD2d 885, 886 [2002]).

Cardona, P.J., Mercure, Crew III, Peters and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

*

 Although a question of substantial evidence was not raised -in the petition, we will retain jurisdiction of the matter in the interest of judicial economy *(see Matter of Stanislas v Senkowski,*253 AD2d 972, 973 n [1998]).
108TH CONGRESS

2D SESSION S. 2017

AN ACT

To designate the United States courthouse and post office

building located at 93 Atocha Street in Ponce, Puerto

Rico, as the ‘‘Luis A. Ferre ́ United States Courthouse

and Post Office Building’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
 †

2

S 2017 ES

1 SECTION 1. LUIS A. FERRE ́ UNITED STATES COURTHOUSE

2 AND POST OFFICE BUILDING.

3 (a) DESIGNATION.—The United States courthouse

4 and post office building located at 93 Atocha Street in

5 Ponce, Puerto Rico, shall be known and designated as the

6 ‘‘Luis A. Ferre ́ United States Courthouse and Post Office

7 Building’’.

8 (b) REFERENCES.—Any reference in a law, map, reg9 ulation, document, paper or other record of the United

10 States to the courthouse and post office building referred

11 to in subsection (a) shall be deemed to be a reference to

12 the Luis A. Ferre ́ United States Courthouse and Post Of13 fice Building.

Passed the Senate June 9, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2017

AN ACT

To designate the United States courthouse and post

Ponce, Puerto Rico, as the ‘‘Luis A. Ferreoffice building located at 93 Atocha Street in

 ́

ing’’.United States Courthouse and Post Office Build-
##### 



Exhibit 32

CERTIFICATIONS 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 Graphic Packaging International
Corporation (the Company) on Form 10-Q for the period ended June 30, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
Report), we, Jeffrey H. Coors, Chief Executive Officer and President of the
Company, and Luis E. Leon, Chief Financial Officer 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:



| | (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.

|                             |  |                                                                              
|---------------------------- |  | -----------------------------------------------------------------------------
|Date:         August 7, 2003 |  | By /s/ Jeffrey H. CoorsJeffrey H. Coors
Chief Executive Officer and President
|                            
|Date:         August 7, 2003 |  | By /s/ Luis E. LeonLuis E. Leon
Chief Financial Officer
| Company      Name                                 | Location      and Jurisdiction                                               |
|--------------------------------------------------------|------------------------------------------------------------------------------|
|                                                   |                                                                         |
| Amingo      Resources Inc.              | Montreal,      Quebec, Canada incorporated under the Canada Business Act     |
|                                                   |                                                                         |
| Guizhou      Amingo Resources Ltd            | China.      Joint Venture Partnership (70% owned)                            |
|                                                   |                                                                         |
| Sino-Canadian      Metals Inc.                    | Montreal,      Quebec incorporated in Delaware. (63% owned)             |
|                                                   |                                                                         |
| Qinghai      Dong Zhou Metals Development Company Ltd. | China.      Joint Venture Partnership (80% owned by Sino-Canadian    Metals) |

----
#### HANES CONSTRUCTION COMPANY, A North Carolina Corporation v. HOTMIX & BITUMINOUS EQUIP. CO., INC.

No. 563A01

(Filed 18 December 2001)

Jurisdiction— breach of contract—out-of-state seller—long-arm statute—minimum contacts

The decision of the Court of Appeals that the trial court had personal jurisdiction over the out-of-state seller of asphalt equipment in a breach of contract action is reversed for the reasons stated in the dissenting opinion in the Court of Appeals that personal jurisdiction over defendant was not authorized by the long-arm statute, N.C.G.S. § 1-75.4, and that the exercise of personal jurisdiction over defendant violated due process because defendant had insufficient minimum contacts with this state.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 146 N.C. App. 24, 552 S.E.2d 177 (2001), reversing and remanding an order signed 4 April 2000 by Burke, J., in Süperior Court, Davidson County. Heard in the Supreme Court 11 December 2001.

*Cunningham Crump & Cunningham, PLLC, by R. Flint Crump, for plaintiff-appellee.*

*Brinkley Walser, PLLC, by Stephen W. Coles, for defendant-appellant.*

PER CURIAM.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.

REVERSED.
’ 

 ’

National Aeronautics and Space Administration 

S T S -127

Endeavour

The Mission 

Space shuttle Endeavour s STS-127 mission will carry the final two elements of the 

Japanese Experiment Module, called Kibo, to the International Space Station. During 

the 16-day mission, crew members will conduct five spacewalks to add the Japanese 

Experiment Module Exposed Facility, or JEM-EF, and the Japanese Experiment 

Logistics Module Exposed Section, or ELM-ES, to the Kibo laboratory. 

The final components of Kibo will create a "front porch" on the station. The Exposed 

Facility and Exposed Section will provide an external platform for experiments to be 

directly subjected to the harsh environment of space. 

STS-127 is the 29th flight to the space station, Endeavour s 23rd mission and the 

127th shuttle flight. 

The Crew 

Veteran space flier Mark Polansky will command Endeavour's STS-127 mission, and 

Doug Hurley will serve as pilot. Mission specialists are Christopher Cassidy, Tom 

Marshburn, Dave Wolf, Tim Kopra and Canadian Space Agency astronaut Julie Payette. 

During the mission, Kopra will transfer to the station and replace Japan Aerospace 

Exploration Agency astronaut Koichi Wakata as Expedition 20 flight engineer and 

science officer. Wakata will return to Earth aboard Endeavour. 

www.nasa.gov SP-2009-05-041-KSC
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-7827

SHAWN C. BARTON,

Petitioner - Appellant,

versus

GENE M. JOHNSON,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Claude M. Hilton, Senior

District Judge. (1:06-cv-00138-CMH)

Submitted: February 15, 2007 Decided: February 23, 2007

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Shawn C. Barton, Appellant Pro Se. Josephine Frances Whalen,

OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Shawn C. Barton seeks to appeal the district court’s

order denying relief on his 28 U.S.C. § 2254 (2000) petition. The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A

certificate of appealability will not issue absent “a substantial

showing of the denial of a constitutional right.” 28 U.S.C.

§ 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. Miller-El v. Cockrell,

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude Barton has not made

the requisite showing. Accordingly, we deny a certificate of

appealability and dismiss the appeal. We also deny Barton’s motion

for preparation of the transcript at government expense. We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process. 

DISMISSED
**Exhibit 23.1****CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**We hereby consent to the incorporation by reference in the Registration Statements onForm S-8 (No. 333-31776, No. 333-31778, No. 333-49336, No. 333-69056, No. 333-72842,No. 333-113392, No. 333-121250, No. 333-123771 and No. 333-135536) and the Registration Statements onForm S-3 (No. 333-73778 and No. 333-120321) of Harris Interactive Inc. of our report,dated September 13, 2006 relating to the financial statements, financial statementschedule, management’s assessment of the effectiveness of internal control overfinancial reporting and the effectiveness of internal control overfinancial reporting, which appears in the Annual Report toShareholders, which is incorporated in this Annual Report on Form10-K. We also consent to the incorporation by reference of our reportdated September 13, 2006 relating to the financial statementschedule, which appears in this Form 10-K.*/s/ PRICEWATERHOUSECOOPERS LLP*     *Rochester, New York*
#### STATE OF NEW JERSEY v. EUGENE MARCHETTA.

July 11, 1978.

Petition for certification denied.
No. 87-6342.

#### Giles *v.*Wing et al.

C. A. 11th Cir. Certiorari denied.
EXHIBIT 32.3

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 Thornburg Mortgage, Inc. (the Company) on
Form 10-Q for the period ending September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Clarence G. Simmons, III, Senior Executive Vice President and Chief Financial Officer 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:



|(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/ Clarence G. Simmons, III                               
|Clarence G. Simmons, III                                   
|Senior Executive Vice President and Chief Financial Officer
|November 8, 2007
<PAGE>

                                                                    EXHIBIT 10.2
                               FIRST AMENDMENT TO
                              AMENDED AND RESTATED
                           COOPER CAMERON CORPORATION
                            LONG-TERM INCENTIVE PLAN

     WHEREAS, COOPER CAMERON CORPORATION (the "Company") has heretofore adopted
the AMENDED AND RESTATED COOPER CAMERON CORPORATION LONG-TERM INCENTIVE PLAN
(the "Plan"); and

     WHEREAS, the Company desires to amend the Plan in certain respects;

     NOW, THEREFORE, the Plan shall be amended as follows, effective as of
February 12, 1998:

     1.  The number "11,000,000" shall be substituted for the number "8,000,000"
in the first and last sentences of Section 4.1 of the Plan.

     2.  The third sentence of Section 4.1 of the Plan shall be deleted and the
following shall be substituted therefor:

     "Common Stock related to Awards that are forfeited or terminated, expire
     unexercised, are settled in cash in lieu of Common Stock or in a manner
     such that all or some of the shares covered by an Award are not issued to a
     Participant (including where shares of Common Stock covered by an Award are
     used to satisfy tax withholding obligations pursuant to Section 15 of the
     Plan), or are exchanged for Awards that do not involve Common Stock, shall
     immediately become available for Awards hereunder."

     3.  The third sentence of Section 6.4 of the Plan shall be deleted and the
following shall be substituted therefor:

     "The Committee may provide in an Award Agreement respecting a stock option
     that, if a Participant pays the option exercise price in shares of Common
     Stock, upon the date of such payment a new option shall be granted and the
     number of shares of Common Stock subject to such new option shall be equal
     to the number of shares of Common Stock tendered in payment (plus the
     number of any shares of Common Stock respecting the exercised option
     retained to satisfy any tax withholding obligations); provided that such
     new option shall not be exercisable in any event after the original term of
     the exercised option."

     4.  As amended hereby, the Plan is specifically ratified and reaffirmed.

                                      /s/ Franklin Myers
                                     -----------------------------------------
                                     Franklin Myers, Senior Vice President,
                                       General Counsel & Secretary
                                     Date:  February 12, 1998
EXHIBIT 32.1

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

In
connection with the Quarterly Report of Ventana Medical Systems, Inc., a Delaware corporation (the Company), on Form 10-Q for the quarter ending March 31, 2006, as filed with the Securities and Exchange Commission (the
Report), Christopher Gleeson, President, Chief Executive Officer, and Director of the Company hereby certifies, pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to his 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 result of operations of the Company.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------

April 28, 2006



|                                                
|------------------------------------------------
|                                                
|                                                
|/S/ CHRISTOPHER GLEESON                         
|Christopher Gleeson                             
|President, Chief Executive Officer, and Director
#### UNITED STATES of America, Plaintiff-Appellee, v. Paul R. STOUT, Defendant-Appellant.

No. 03-1366.

United States Court of Appeals, Seventh Circuit.

Submitted Aug. 20, 2003.*

Decided Aug. 20, 2003.

*629Janet Bradley, Department of Justice, Tax Division, Appellate Section, Washington, DC, for Plaintiff-Appellee.

Paul R. Stout, Ashton, IL, Pro se.

Before BAUER, KANNE, and EVANS, Circuit Judges.

*

 After an examination of the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. *See*Fed. R.App. P. 34(a)(2).

ORDER

The United States filed a complaint to foreclose a federal tax hen that attached to Paul Stout’s right to receive pension payments from The Northern Trust Company under the Quaker Oats Company Retirement Plan. The district court granted the United States’ motion for summary judgment, entering judgment in the amount of $466,204.44 and ordering that Northern Trust thereafter pay Stout’s monthly pension benefit of $711.88 directly to the United States. On appeal, Stout generally contests the validity and constitutionality of the judgment underlying the lien. But the Tax Court issued its judgment against Stout in 1986, and Stout did not file a notice of appeal within 90 days of the Tax Court’s final decision as required under 26 U.S.C. § 7483. Judicial review of the tax assessment is no longer available, and the issue before the district court was the propriety of foreclosure, not the validity of the hen. In order to foreclose on the hen, the government had to show only that pension benefits were actually payable to Stout and that the hen remained unsatisfied, *see*26 U.S.C. § 6331(j), and Stout disputes neither of these points.

Stout’s only other argument is that the district court lacked jurisdiction because the caption of the complaint in this case named as plaintiff the “United States of America,” rather than the “United States.” But the terms “United States of America” and “United States” are used interchangeably, *see generally, e.g.,*U.S. Const. pmbl, and Stout’s argument is a nonsensical exercise in semantics, *cf. United States v. Crum,*288 F.3d 332, 334 (7th Cir.2002) (argument that the Department of the Treasury and the Treasury Department are separate entities “strains credulity”). In short, Stout’s appeal is frivolous, and the judgment of the district court is AFFIRMED.
Document Headings

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                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
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                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Securities and Exchange Commission

Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law-409, that the Securities and Exchange Commission will hold a closed meeting on Thursday, November 4, 2010 at 1:30 p.m.

Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters also may be present.

The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting.

Commissioner Paredes, as duty officer, voted to consider the items listed for the closed meeting in a closed session, and determined that no earlier notice thereof was possible.

The subject matter of the closed meeting scheduled for Thursday, November 4, 2010 will be: Institution and settlement of injunctive actions; institution and settlement of administrative proceedings; and other matters relating to enforcement proceedings.

At times, changes in Commission priorities require alterations in the scheduling of meeting items.

For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551-5400.

Dated: October 28, 2010.

Elizabeth M. Murphy,

Secretary.

[FR Doc. 2010-27640 Filed 10-28-10; 4:15 pm]

BILLING CODE P
<PAGE>

EXHIBIT 32.1
------------

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

I, Ronald W. Pickett, Chief Executive Officer of Telkonet, Inc. (the "Company"),
certify that:

         (1) The Annual Report on Form 10-KSB of the Company for the period
ended December 31, 2003 which this certification accompanies 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/ Ronald W. Pickett
---------------------
Ronald W. Pickett
Chief Executive Officer
March 29, 2004
November 13 , 2012



### JUDGMENT 

## The Fourteenth Court of Appeals

ROY MATA AND GILBERT E. GARCIA , Appellant s
NO. 14

- 12

- 00400

- CV V.
WELLS FARGO BANK, NA SUCCESSOR BY MERGER TO WELLS FARGO BANK SOUTHWEST, NA F/K/A WACHOVIA MORTG AGE FSB F/K/A WORLD SAVINGS BANK , Appellee

________________________________ Today the Court heard its own motion to dismiss the appeal from the judgment signed by the court below on April 12, 2012. Having considered the motion and found it meritorious, we order the appeal DISMISSED

. We further order that all costs incurred by reason of this appeal be paid by appellant s , Roy Mata and Gilbert E. Garcia , jointly and severably

. We further order this decision certified below for observance.