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

[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Page 4030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1127]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL09-27-000]

City of Riverside, CA; Notice of Filing

January 2, 2009.
    Take notice that on December 23, 2008, the City of Riverside, 
California filed its sixth annual revision to its Transmission Revenue 
Balancing Account Adjustment, to become effective January 1, 2009.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. On or 
before the comment date, it is not necessary to serve motions to 
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
[email protected], or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on January 22, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-1127 Filed 1-21-09; 8:45 am]
BILLING CODE 6717-01-P
```
#### UNITED STATES of America, Plaintiff—Appellee, v. Roy KNIGHT, Defendant—Appellant.

No. 05-6874.

United States Court of Appeals, Fourth Circuit.

Submitted: Sept. 22, 2006.

Decided: Oct. 17, 2006.

Roy Knight, Appellant Pro Se. David John Novak, Office of The United States Attorney, Richmond, Virginia, for Appel-lee.

Before MOTZ, KING, and TRAXLER, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Roy Knight seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2000) motion. 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 *505“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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Knight has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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 31

                                                           [LOGO] IndymacBank(R)

                                  CERTIFICATION

I, Blair Abernathy, certify that:

1.    I have reviewed this report on Form 10-K and all reports on Form 10-D
      required to be filed in respect of the period covered by this report on
      Form 10-K of Home Equity Mortgage Loan Asset-Backed Trust, Series INDS
      2007-2 (the "Exchange Act periodic reports");

2.    Based on my knowledge, the Exchange Act periodic reports, taken as a
      whole, do 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, all of the distribution, servicing and other
      information required to be provided under Form 10-D for the period covered
      by this report is included in the Exchange Act periodic reports;

4.    Based on my knowledge and the servicer compliance statement(s) required in
      this report under Item 1123 of Regulation AB, and except as disclosed in
      the Exchange Act periodic reports, the servicer has fulfilled its
      obligations under the servicing agreement in all material respects; and

5.    All of the reports on assessment of compliance-with servicing criteria for
      asset-backed securities and their related attestation reports on
      assessment of compliance with servicing criteria for asset-backed
      securities required to be included in this report in accordance with Item
      1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been
      included as an exhibit to this report, except as otherwise disclosed in
      this report. Any material instances of noncompliance described in such
      reports have been disclosed in this report on Form 10-K.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated parties: Deutsche Bank National
Trust Company and Newport Management Corporation.

Date: March 26, 2008



/s/ Blair Abernathy
-----------------------
Blair Abernathy
Executive Vice President
(Senior Officer in Charge of Securitization of the Depositor)
Exhibit 32.01
                                  -------------


                            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 BSD  Medical  Corporation  (the
"Company") on Form 10-QSB for the Quarter ending May 31, 2004, as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Hyrum
A. Mead, 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
the best of my knowledge and belief:

         (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/ Hyrum A. Mead
-----------------
Hyrum A. Mead
Chief Executive Officer
July 15, 2004


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 99.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

As of the date hereof, I, Kurt R. Kneip, certify,  pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
the  Quarterly  Report of Inter-Tel,  Incorporated.  on Form 10-Q for the fiscal
quarter ended September 30, 2002 fully complies with the requirements of Section
13(a) or  15(d)  of the  Securities  exchange  Act of 1934 and that  information
contained in such Quarterly  Report on Form 10-Q fairly presents in all material
respects  the  financial  condition  and  results of  operations  of  Inter-Tel,
Incorporated.


                                        By: /s/ Kurt R. Kneip
                                            ------------------------------------

                                        Name: Kurt R. Kneip
                                              ----------------------------------

                                        Title: Chief Financial Officer
                                               ---------------------------------

                                        Dated: November 8, 2002
                                               ---------------------------------
EXHIBIT 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

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

In connection with Quarterly Report of IRIS International, Inc. (the Company) on Form 10-Q for the three months ended
March 31, 2009 as filed with the Securities and Exchange Commission on the date thereof (the Report), I, Peter Donato, 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, to the best of my knowledge:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

|                  |  |  |  |                        
|----------------- |  |  |  | -----------------------
|                  |  | 
|Date: May 4, 2009 |  |  |  | /s/ Peter Donato       
|                  |  |  |  | Peter Donato           
|                  |  |  |  | Chief Financial Officer

This certification shall not be deemed filed for purposes of Section 18 of the Securities
Exchange Act of 1934, or the Exchange Act, or otherwise subject to the liability of Section 18 of the Exchange Act. Such certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the
Exchange Act, except to the extent that the Company specifically incorporates it by reference.
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

The Board of Directors
   NPS Pharmaceuticals, Inc.:

We consent to incorporation by reference in the registration statements (Nos. 33-79622, 333-17521,
333-94269, 333-124821, 333-126817 and 333-126823) on Forms S-8 and (Nos. 333-41758, 333-106770,
333-108612, 333-117219, 333-127756, 333-131273 and 333-146235) on Forms S-3 of NPS
Pharmaceuticals, Inc. of our reports dated March 14, 2008, with respect to the consolidated balance
sheets of NPS Pharmaceuticals, Inc. and subsidiaries as of December 31, 2007 and 2006, and the
related consolidated statements of operations, stockholders' deficit and comprehensive loss, and
cash flows for each of the years in the three-year period ended December 31, 2007, and the
effectiveness of internal control over financial reporting as of December 31, 2007, which reports
appear in the December 31, 2007 annual report on Form 10-K of NPS Pharmaceuticals, Inc.  Our
report dated March 14, 2008, on the effectiveness of internal control over financial reporting as of December
31, 2007, expresses our opinion that NPS Pharmaceuticals, Inc. did not maintain effective internal control
over financial reporting as of December 31, 2007 because of the effect of material weaknesses on the
achievement of objectives of the control criteria and contains an explanatory paragraph that states that
management has identified and included in its assessment at December 31, 2007, material weaknesses
related to an ineffective control environment, financial reporting risk assessment process, supervisory and
monitoring activities, and policies and procedures with respect to share based compensation, accrued
liabilities and interest expense.  Our report on the consolidated financial statements refers to the Company's
adoption for the provisions of Statement of Financial Accounting Standards No. 123R, "Share-Based
Payment," in 2006.

/s/ KPMG LLP

Princeton, New Jersey 
   March 14, 2008

---
#### Natalia Anikushina, Respondent, v Courtney D. Moodie, Defendant, and Consolidated Delivery Logistics, Inc., et al., Appellants.

Submitted May 26, 2009;

decided June 30, 2009

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.

Chief Judge Lippman taking no part.
EXHIBIT 32.1



SARBANES-OXLEY SECTION 906 CERTIFICATION



In connection with the Annual Report of International Barrier Technology Inc. (the Company) on Form 10-K for the period ended June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael Huddy, Chief Executive 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, 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.



/s/ Michael Huddy

Michael Huddy

President/CEO

October 14, 2008
<PAGE>
                                                                    EXHIBIT 99.2

                     CERTIFICATE OF CHIEF FINANCIAL OFFICER
    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 WMS Industries Inc. (the "Company")
on Form 10-Q for the period ending December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Scott
D. Schweinfurth, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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/ Scott D. Schweinfurth
-----------------------
Scott D. Schweinfurth
Chief Financial Officer
February 12, 2003


                                      iii
`
CERTIFICATION PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

 

I, John C. Francis, certify that:

 

1.    I have reviewed this annual report on Form 10-K/A of Consolidation Services, Inc. (the"Registrant"); 

 

2.    Based on my knowledge, this annual 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 annual report;

 

3.    Based on my knowledge, the financial statements, and other financial information included in this annual 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 annual 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 annual report is being prepared;

 

(b)   [Intentionally Omitted];

 

(c)        evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this annual 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

 

(d)   disclosed in this annual 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; and

 

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:

 

(a)   all significant deficiencies and material weaknesses 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.

 

Date: June 6, 2008

 

 

/s/ John C. Francis

     John C. Francis

    Chief Financial Officer of Consolidation Services, Inc.

 

 
`
#### The People of the State of New York, Respondent, v Jose Valcourt, Appellant.

Submitted November 30, 2009;

decided December 15, 2009

Reported below, 24 Misc 3d 140(A).

Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
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EXHIBIT 10.13    
    


 
 

AMENDMENT TO LEASE AGREEMENT    
    


        This Amendment to Lease Agreement is made and entered into this 20th day of September, 2004, by and between NP#2, LLC, a Utah Limited Liability Company,
(Landlord), and IOMED, INC, a Utah Corporation ("Tenant"). 


        WHEREAS,
on May 22th 2000, a Lease Agreement (the lease) was entered into between Landlord and Tenant, relating to certain real property situated at 2441 South 3850 West, West
Valley City, Salt Lake County, state of Utah, consisting of approximately 34,000 square feet of office/warehouse space, as further described in the Lease. 


        WHEREAS,
Landlord and Tenant are desirous to amend the said Lease. 


        NOW,
THEREFORE, for an in consideration of the payment of Ten Dollars and No Cents ($10.00) and other good and valuable consideration to Landlord, the receipt and sufficiency of which is
hereby acknowledged, the parties mutually agree as follows: 



	1.
	The
term of the Lese shall be extended until December 31, 2012.




	2.
	ARTICLE 6.1 Minimum Rent shall be revised and rewritten in its entirety as follows:  





	Period
 
	 	Month
	 	Monthly
	 	Annual

	October 1 - December 31, 2004	 	3	 	$	20,258.00	 	$	60,774/yr    net/net/net
	January 1 - December 31, 2005	 	12	 	$	20,663.00	 	$	247,956/yr    net/net/net
	January 1 - December 31, 2006	 	12	 	$	21,828.00	 	$	261,936/yr    net/net/net
	January 1 - December 31, 2007	 	12	 	$	21,921.00	 	$	263,052/yr    net/net/net
	January 1 - December 31, 2008	 	12	 	$	22,580.00	 	$	270,960/yr    net/net/net
	January 1 - December 31, 2009	 	12	 	$	23,256.00	 	$	279,072/yr    net/net/net
	January 1 - December 31, 2010	 	12	 	$	23,954.00	 	$	287,448/yr    net/net/net
	January 1 - December 31, 2011	 	12	 	$	24,673.00	 	$	296,076/yr    net/net/net
	January 1 - December 31, 2012	 	12	 	$	25,413.00	 	$	304,956/yr    net/net/net







Rental
shall be payable in equal monthly payments, in advance, without offset or demand on the first day of each calendar month. 



	3.
	All
the terms, covenants and provisions of the Lease Agreement shall remain unchanged and shall continue in full force and effect except as specifically amended herein. 




EXECUTED
the day and year first above written. 



	LANDLORD:	NP #2 LLC
	

 	

By /s/  F.C. STANGL      
 F.C. Stangl, Manager Member
	

TENANT:	

IOMED Inc. a Utah Corporation
	

 	

By /s/  BRIAN MOWER      
 Brian Mower, Chief Accounting Officer














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EXHIBIT 10.13


AMENDMENT TO LEASE AGREEMENT
EXHIBIT 31
 CERTIFICATION
      a)
    
    Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under my supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries, is
made known to me by others within those entities, particularly during the period in
which this report is being prepared;b)
    
    Designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under my supervision, to
provide reasonable assurance regarding the reliability of financial reporting and the
preparation of financial statements for external purposes;c)
    
    Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report my 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; andd)
    
    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; and
  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; andb)
    
    Any fraud, whether or not material, that involves persons who have a
significant role in the registrants internal control over financial reporting.
  Date: November 21, 2008
    By:
    /s/ Lee Ann AndersonLee Ann AndersonVice President and Senior Trust Officer,
Compass Bank