alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except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.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

____________________

No. 98-20333

Summary Calendar

____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JULIO CASTRO,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court,

for the Western District of Texas

(USDC No. H-92-CR-25-5)

_________________________________________________________________

November 12, 1998

Before KING, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Julio Castro, federal prisoner #33536-054, incarcerated at FCC

Coleman, Florida, appeals the denial of a motion for further

clarification of his sentence. Castro seeks credit for time served

in New York prior to his conviction and sentencing by the district

court for the Southern District of Texas. The court denied

Castro’s motion on the merits.

We must first, however, consider jurisdiction. In re Moody,

41 F.3d 1024, 1026 (5th Cir. 1995). Because the motion does not

question the federal sentence itself, but rather the way in which
it is imposed, the district court should have construed Castro’s

request as a petition for a writ of habeas corpus pursuant to 28

U.S.C. § 2241, rather than as a motion attacking sentence pursuant

to 28 U.S.C. § 2255. United States v. Cleto, 956 F.2d 83, 84 (5th

Cir. 1992); United States v. Gabor, 905 F.2d 76, 77-78 (5th Cir.

1990). And, only the district in which a prisoner is held has

jurisdiction to consider a § 2241 petition. Gabor, 905 F.2d at 78.

Castro is incarcerated in Florida. Consequently, the district

court’s denial is vacated and this matter remanded with

instructions to dismiss for lack of jurisdiction.

VACATED AND REMANDED
|EXHIBIT 23(b)
|-------------









|CONSENT OF INDEPENDENT CHARTERED ACOUNTANTS
|-------------------------------------------



We consent to the incorporation by reference in Registration Statements (Form S-8, Nos. 33-17196, 33-44822, 33-44877, 33-44876, 33-22459, 33-38491, 33-54075, 33-54079, 33-54077, 333-47833, 333-28273, 333-38752, 333-62568, 333-62572, and Form S-3 Nos. 33-36001 and 333-60175) pertaining to various stock option, employee savings, deferred compensation and restricted stock plans and a universal shelf registration statement of Wellman, Inc. of our report 18 February 2002, with respect to the consolidated financial statements (none of which are presented separately herein) of Wellman International Limited and Subsidiaries at 31 December 2001 and 2000 and for each of the years in the three years then ended which report appears in the 31 December 2001, Annual Report (Form 10-K) of Wellman, Inc.











KPMG

Chartered Accountants

Registered Auditors

Dublin, Ireland





27 March 2002
Exhibit 31.2 CERTIFICATION PURSUANT
TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Dan Scouler, certify that: 1. I have reviewed this annual report on Form 10-K of NUI
Corporation; 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 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 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
registrant's board of directors (or persons performing the equivalent
function): 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. Date: May 11, 2004 /s/ Dan Scouler Interim Chief Financial Officer
[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Notices]
[Page 33418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16489]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket No. DoD-2008-HA-0168]


Submission for OMB Review; Comment Request

ACTION: Notice.

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

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

DATES: Consideration will be given to all comments received by August 
12, 2009.
    Title and OMB Number: Prospective Department of Defense Studies of 
U.S. Military Forces: The Millennium Cohort Study--OMB Control Number 
0720-0029.
    Type of Request: Extension.
    Number of Respondents: 36,599.
    Responses per Respondent: 1.
    Annual Responses: 36,599.
    Average Burden per Response: 45 minutes.
    Annual Burden Hours: 27,450.
    Needs and Uses: The Millennium Cohort Study responds to recent 
recommendations by Congress and by the Institute of Medicine to perform 
investigations that systematically collect population-based demographic 
and health data so as to track and evaluate the health of military 
personnel throughout the course of their careers and after leaving 
military service.
    Affected Public: Individuals or households.
    Frequency: On occasion.
    Respondent's Obligation: Voluntary.
    OMB Desk Officer: Mr. John Kraemer.
    Written comments and recommendations on the proposed information 
collection should be sent to Mr. Kraemer at the Office of Management 
and Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    You may also submit comments, identified by docket number and 
title, by the following method:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.
    DOD Clearance Officer: Ms. Patricia Toppings.
    Written requests for copies of the information collection proposal 
should be sent to Ms. Toppings at WHS/ESD/Information Management 
Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 
22209-2133.

    Dated: June 30, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-16489 Filed 7-10-09; 8:45 am]
BILLING CODE 5001-06-P
Case 2:10-cv-03984-FSH -PS   Document 44    Filed 02/22/11   Page 1 of 2 PageID: 640

Case 2:10-cv-03984-FSH -PS   Document 44    Filed 02/22/11   Page 2 of 2 PageID: 641
NOT FOR PUBLICATION CLOSED

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

LAURETTA WILLIAMS

Plaintiffs,

v. 

CAPITAL ONE BANK 

Defendants.

:

:

:

:

:

:

:

:

:

:

Hon. Dennis M. Cavanaugh

ORDER

Civil Action No. 11-cv-983 (DMC - JAD)

DENNIS M. CAVANAUGH, U.S.D.J.:

This matter comes before the Court upon a Report and Recommendation (“R & R”) (ECF

No. 16) filed by Magistrate Judge Mark Falk (hereinafter, “Judge Falk”) on December 30, 2011

recommending that this Court grant Defendant’s motion to dismiss filed on December 9, 2011 due

to Lack of Prosucution.

The parties were given notice that pursuant to Local Civil Rule 72.1, they had fourteen days

from receipt of the R & R to file and serve any objections. Plaintiff filed opposition on February 2,

2012 (ECF No. 18). This Court is mindful of precedent in this District permitting relaxation of

timeliness rules for pro se litigants, and has considered the objections raised by Plaintiff despite

Plaintiff’s filing out of time. See e.g., Martin v. Keitel, 2007 U.S. Dist. LEXIS 29000, *1-2 (D.N.J.

Apr. 18, 2007) (JLL). 

The standard of review guiding this Court contemplates “a de novo determination of those

portions [of the R & R] to which objection is made.” L.CIV.R. 72.1(c)(2). This Court may “accept,

1

Case 2:11-cv-00983-DMC-MF Document 19 Filed 07/13/12 Page 1 of 2 PageID: 132
reject, or modify, in whole or in part, the findings or recommendations made by the Magistrate

Judge.” Id. In conducting its review, the Court “may consider the record developed before the

Magistrate Judge, making [its] own determination on the basis of that record.” See also, N.J. Brain

& Spine Cntr. v. Conn. Gen. Life Ins., No. 10-cv-4260, 2011 WL 4737063, at *2 (Oct. 6, 2011)

(citing State Farm Indem. v. Fornaro, 227 F.Supp.2d 229, 231 (D.N.J.2002)). For the reasons stated

herein, this Court adopts Judge Falk’s R & R as the opinion of the Court.

WHEREAS Plaintiff’s claims are contained in the Notice of Removal (ECF No. 1) filed on

February 22, 2011;

WHEREAS Judge Falk finds that Plaintiff’s failure to enter an appearance in the case or do

anything else to suggests that she has abandoned the matter altogether. See Mindek, 964 F.2d at 1373

(“[J]udges, confronted with litigants who flagrantly violate or ignore court orders, often have no

appropriate or efficacious recourse other than dismissal of the complaint with prejudice.”).

WHEREAS this Court, upon review of Judge Falk’s recommendation and the record before

it, finds that Plaintiff’s complaint should be dismissed;

IT IS on this _____ day of July, 2012, 

ORDERED that Defendants’ motion to dismiss is granted; and 

IT IS FURTHER ORDERED that Judge Falk’s R & R is hereby adopted as the opinion

of this Court.

 S/DENNIS M. CAVANAUGH 

 Dennis M. Cavanaugh, U.S.D.J.

Original: Clerk

cc: All Counsel of Record

Hon. Mark Falk, U.S.M.J.

File

2

Case 2:11-cv-00983-DMC-MF Document 19 Filed 07/13/12 Page 2 of 2 PageID: 133
2012.12.31 Ex-10.10.2






Exhibit 10.10.2


    
AMENDMENT ONE
TO THE
THE COCA-COLA COMPANY SUPPLEMENTAL PENSION PLAN


WHEREAS, The Coca-Cola Company (the “Company”) established The Coca-Cola Company Supplemental Pension Plan (the “Plan”); 
WHEREAS, The Coca-Cola Company Benefits Committee (“Benefits Committee”) is authorized to amend the Plan; and 
NOW THEREFORE, the Plan is hereby amended as follows, effective December 31, 2012:
1.
Effective December 31, 2012, the following paragraph will be added to the end of the “Preface” Section:


PREFACE


“Prior to January 1, 2013, the Company or its subsidiaries maintained, among others, the following three pension plans:  The Coca-Cola Company Cash Balance Pension Plan (“Pre-2013 Cash Balance Plan”), The Coca-Cola Company Pension Plan (the “KO Prior Pension Plan”) and the Coca-Cola Refreshments Employees' Pension Plan (the “CCR Prior Pension Plan”).  Effective January 1, 2013, the KO Prior Pension Plan and the CCR Prior Pension Plan were merged into the Pre-2013 Cash Balance Plan which was renamed as The Coca-Cola Company Pension Plan. This Plan is intended to cover Employees who were participating in the KO Prior Plan on December 31, 2012, who accrue pension benefits using the formula previously set forth in the KO Prior Pension Plan, reflected in Schedule One of the Basic Plan Document, as that term is defined in The Coca-Cola Company Pension Plan.”
2.
The definition of “Pension Benefit” shall be deleted and replaced with the following definition:
“Pension Benefit” shall be the benefit payable to a Participant under the Qualified Pension Plan.”
3.
The definition of “Qualified Pension Plan” shall be deleted and replaced with the following definition:
“Qualified Pension Plan” shall mean The Coca-Cola Company Pension Plan (formerly known as The Coca-Cola Company Cash Balance Pension Plan).”
4.
Section 2.1(a) shall be deleted and replaced with the following language.
“2.1    Eligibility for Participation.











(a)    All Employees of the Employer who are eligible for the Qualified Pension Plan, who were participating in the KO Prior Plan on December 31, 2012, who accrue pension benefits using the formula previously set forth in the KO Prior Pension Plan, reflected in Schedule One of the Basic Plan Document, as that term is defined in Qualified Pension Plan, and i) whose benefits under the Qualified Pension Plan are limited by the limitations set forth in Code Sections 401(a)(17) or 415 or (ii) who defer compensation under the Deferred Compensation Plan and, solely on account of such deferrals, the Employee's benefit under the Qualified Pension Plan is limited shall be eligible to participate in the Plan.”


IN WITNESS WHEREOF, the Benefits Committee has caused this Amendment to be signed by its duly authorized member as of this   6th day of December 2012.


THE COCA-COLA COMPANY
BENEFITS COMMITTEE




/s/ Sue Fleming                    
Sue Fleming
Benefits Committee Chairperson
Case 2:11-cr-00101-JLL Document 9 Filed 03/03/11 Page 1 of 5 PageID: 13
Case 2:11-cr-00101-JLL Document 9 Filed 03/03/11 Page 2 of 5 PageID: 14
Case 2:11-cr-00101-JLL Document 9 Filed 03/03/11 Page 3 of 5 PageID: 15
Case 2:11-cr-00101-JLL Document 9 Filed 03/03/11 Page 4 of 5 PageID: 16
Case 2:11-cr-00101-JLL Document 9 Filed 03/03/11 Page 5 of 5 PageID: 17
Exhibit 32.2

                    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

In  connection  with the  Quarterly  Report  of  Arbutus  Resources,  Inc.  (the
"Company") on Form 10-QSB for the period  ending  October 31, 2006 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Karen Law,  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 result of operations of the Company.


IN WITNESS WHEREOF, the undersigned has executed this certification as of the
5th day of December, 2006.

/s/  Karen Law
------------------------------
Chief Financial Officer
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 In Full Affect,  Inc. on Form
10-KSB for the period ending December 31, 2004, as filed with the Securities and
Exchange  Commission  on the date hereof (the  "Report"),  I, Daniel L.  Hodges,
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/ Daniel L. Hodges
Daniel L. Hodges
President, Director
(Principal Executive Officer)


March 31, 2005


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.
[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Notices]
[Page 33431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16439]



[[Page 33431]]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13450-000]


McGinnis, Inc.; Notice of Preliminary Permit Application Accepted 
for Filing and Soliciting Comments, Motions To Intervene, and Competing 
Applications

July 2, 2009.
    On April 29, 2009, McGinnis, Inc. filed an application for a 
preliminary permit, pursuant to section 4(f) of the Federal Power Act, 
proposing to study the feasibility of the John T. Myers Hydrokinetic 
Project, located on the Ohio River, in Union County, Kentucky, and 
Posey County, Indiana. The sole purpose of a preliminary permit, if 
issued, is to grant the permit holder priority to file a license 
application during the permit term. A preliminary permit does not 
authorize the permit holder to perform any land disturbing activities 
or otherwise enter upon lands or waters owned by others without the 
owners' express permission.
    The proposed project would consist of: (1) A 100 to 300-foot-long 
by 20 to 52-foot-wide barge spudded down to the riverbed; (2) 10 6-8-
foot-long by 6-8-foot-diameter turbine-generators mounted in line along 
the side of the barge; (3) one armored, high-voltage cable transmitting 
the generated power to the existing transmission line located adjacent 
to the proposed project area; and (4) appurtenant facilities. The 
proposed project would generate about 1,533 megawatt-hours.
    Applicant Contact: Bruce D. McGinnis, Sr., McGinnis, Inc., P.O. Box 
534, 502 Second St. Ext., South Point, OH 45680, phone: (740) 377-4391.
    FERC Contact: Sergiu Serban, 202-502-6211.
    Deadline for filing comments, motions to intervene, competing 
applications (without notices of intent), or notices of intent to file 
competing applications: 60 days from the issuance of this notice. 
Comments, motions to intervene, notices of intent, and competing 
applications may be filed electronically via the Internet. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's Web site 
under the ``e-Filing'' link. If unable to be filed electronically, 
documents may be paper-filed. To paper-file, an original and eight 
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For 
more information on how to submit these types of filings please go to 
the Commission's Web site located at http://www.ferc.gov/filing-comments.asp.
    More information about this project, including a copy of the 
application, can be viewed or printed on the ``eLibrary'' link of 
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. 
Enter the docket number (P-13450) in the docket number field to access 
the document. For assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-16439 Filed 7-10-09; 8:45 am]
BILLING CODE 6717-01-P
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 on Form 10-K of Sonus Networks, Inc. (the "Company") for the period ended December 31, 2004
as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, Hassan M. Ahmed, Chief Executive Officer and Chairman of the Board of Directors of the Company,
hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

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

|Date: March 15, 2005 |  |                                                                                                                               
|-------------------- |  | ------------------------------------------------------------------------------------------------------------------------------
|                     |  | /s/HASSAN M. AHMEDHassan M. Ahmed Chief Executive Officer and Chairman of the Board of Directors
(Principal Executive Officer)

---



QuickLinks
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 Quarterly Report of PackItGreen Holdings, Corp. (the Company) on Form 10-Q for the period ended DECEMBER 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Richard Jackson, Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. section 1350 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.    Date: August 28, 2009By:/s/ Richard W. JacksonRichard W. Jackson
Chief Financial Officer
(Principal Financial and Accounting Officer)
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 Airspan Networks Inc. (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, Eric Stonestrom,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 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.




Date:  March
      31, 2009
                /s/ Eric D. StonestromEric
      D. StonestromChief
      Executive Officer