alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 6623** 

CHRISTOPHER L. GRATE , Petitioner

- Appellant ,
v. JOSEPH MCFADDEN, Warden , Respondent

- Appellee
.

Appeal from the United States District Court for the District of South Carolina , at Florence
. Joseph F. Anderson, Jr. , District Judge. ( 4:13

- cv - 00215

- JFA )

Submitted : September 23 , 2014 Decided: September 25, 2014

Before NIEMEYER and GREGORY , Circuit Judges , and HAMILTON, Senior Circuit Judge
.
Dismissed by un published per curiam opinion
. Christopher L. Grate, Appellant Pro Se. Donald John Zelenka, Senior Assistant Attorney General, James Anthony Mabry, Assistant Attorney General, Columbia, South Carolina, for Appellee
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Christopher L. Grate seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2012) petition. The order is not appe alable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (A) (2012) . 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 ) (2012)
. When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDani el , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petitio n states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Grate 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 legal3 contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

DISMISSED
§ 320.32 Procedures for establishing or amending a bioequivalence requirement. ( a ) The Food and Drug Administration, on its own initiative or in response to a petition by an interested person, may propose and promulgate a regulation to establish a bioequivalence requirement for a product not subject to section 505(j) of the act if it finds there is well-documented evidence that specific pharmaceutical equivalents or pharmaceutical alternatives intended to be used interchangeably for the same therapeutic effect: ( 1 ) Are not bioequivalent drug products; or
( 2 ) May not be bioequivalent drug products based on the criteria set forth in § 320.33; or
( 3 ) May not be bioequivalent drug products because they are members of a class of drug products that have close structural similarity and similar physicochemical or pharmacokinetic properties to other drug products in the same class that FDA finds are not bioequivalent drug products.
( b ) FDA shall include in a proposed rule to establish a bioequivalence requirement the evidence and criteria set forth in § 320.33 that are to be considered in determining whether to issue the proposal. If the rulemaking is proposed in response to a petition, FDA shall include in the proposal a summary and analysis of the relevant information that was submitted in the petition as well as other available information to support the establishment of a bioequivalence requirement.
( c ) FDA, on its own initiative or in response to a petition by an interested person, may propose and promulgate an amendment to a bioequivalence requirement established under this subpart.
[57 FR 18000, Apr. 28, 1992]
Editorial Note on Part 201
Editorial Note: Nomenclature changes to part 201 appear at 69 FR 13717, Mar. 24, 2004.

§ 201.6 Drugs; misleading statements. ( a ) Among representations in the labeling of a drug which render such drug misbranded is a false or misleading representation with respect to another drug or a device or a food or cosmetic.
( b ) The labeling of a drug which contains two or more ingredients may be misleading by reason, among other reasons, of the designation of such drug in such labeling by a name which includes or suggests the name of one or more but not all such ingredients, even though the names of all such ingredients are stated elsewhere in the labeling.
[41 FR 6908, Feb. 13, 1976]
Editorial Note on Part 312
Editorial Note: Nomenclature changes to part 312 appear at 69 FR 13717, Mar. 24, 2004.

§ 312.10 Waivers. ( a ) A sponsor may request FDA to waive applicable requirement under this part. A waiver request may be submitted either in an IND or in an information amendment to an IND. In an emergency, a request may be made by telephone or other rapid communication means. A waiver request is required to contain at least one of the following: ( 1 ) An explanation why the sponsor's compliance with the requirement is unnecessary or cannot be achieved;
( 2 ) A description of an alternative submission or course of action that satisfies the purpose of the requirement; or
( 3 ) Other information justifying a waiver.
( b ) FDA may grant a waiver if it finds that the sponsor's noncompliance would not pose a significant and unreasonable risk to human subjects of the investigation and that one of the following is met: ( 1 ) The sponsor's compliance with the requirement is unnecessary for the agency to evaluate the application, or compliance cannot be achieved;
( 2 ) The sponsor's proposed alternative satisfies the requirement; or
( 3 ) The applicant's submission otherwise justifies a waiver.
[52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 67 FR 9585, Mar. 4, 2002]
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 7173** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. CHARLES RAY DEESE , Defendant

- Appellant
.

Appeal from the United States District Court for the Eastern District of North Carolina , at Wilmington
. James C. Fox , Senior District Judge. ( 7:10

- cr - 00064

- F

- 1; 7 : 12

- cv - 00264

- F )

Submitted : January 22, 2015 Decided: January 27, 2015

Before SHEDD, KEENAN, and DIAZ , Circuit Judges.

Dismissed by un published per curiam opinion
. Jeffrey Michael Brandt, ROBINSON & BRANDT, PSC, Covington, Kentucky , for Appellant
. Jennifer P. May

- Parker, Thomas B. Murphy , Assistant United States Attorney s , Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Ralei gh , North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Charles Ray Deese seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 ( 2012 ) motion. The order is not appealabl e unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (B) (20 12 ). 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) (20 12 ). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion st ates a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Deese has not made the requisite showing. Accordingly, we deny a certificate of appealability and dis miss the appeal. We dispense with oral argument because the facts and legal3 contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

DISMISSED
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 96-3639SI

_____________

Sheila M. Mikkelsen, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the Southern

* District of Iowa.

Jennie Edmundson Memorial Hospital; *

Iowa Benefits, Inc., * [UNPUBLISHED]

*

Appellees. *

_____________

 Submitted: May 23, 1997

Filed: May 30, 1997

_____________

Before McMILLIAN, FAGG, and HANSEN, Circuit Judges.

_____________

PER CURIAM.

Sheila M. Mikkelsen appeals the district court's adverse grant of summary

judgment. At the time of her hospitalization for psychiatric evaluation, Mikkelsen was

covered under an insurance policy through her employer. Iowa Benefits, Inc. denied

coverage under a pre-existing condition clause of the insurance plan, and Mikkelsen

brought this action against Iowa Benefits and the hospital for misrepresentation of the

hospitalization coverage. Finding no genuine issues of material fact and that the

defendants' version of the facts was admitted by Mikkelsen, the district court granted

summary judgment. The district court also held that Mikkelsen's estoppel claim was
-2-

preempted by the Employment Retirement Income Security Act, and even if the claim

was recognized, that Mikkelsen failed to "demonstrate the facts necessary to support

her claim." Having reviewed the record and the parties' briefs, we agree with the

district court's analysis and affirm for the reasons stated in the district court's

memorandum opinion. We decline to consider issues raised by Mikkelsen for the first

time on appeal. We also deny Iowa Benefits's request for an award of attorney's fees.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
#### § 500.24 Emergency permit control.

The provisions of part 108 of this chapter shall apply to the issuance of emergency control permits for the manufacturer or packer of thermally processed low-acid foods packaged in hermetically sealed containers, and intended for use as food for animals.

[61 FR 37681, July 19, 1996]
<PAGE>   1
              CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

We hereby consent to the incorporation by reference in this Registration
Statement on Form S-3 of our report dated January 17, 1997 relating to the
financial statements, which appears in Aristar, Inc.'s Annual Report on Form
10-K for the year ended December 31, 1998. We also consent to the reference to
us under the heading "Experts" in such Registration Statement.

/s/ PricewaterhouseCoopers LLP
PricewaterhouseCoopers LLP
Tampa, Florida
June 7, 1999
Editorial Note on Part 172
Editorial Note: Nomenclature changes to part 172 appear at 61 FR 14482, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001; 66 FR 66742, Dec. 27, 2001; 68 FR 15355, Mar. 31, 2003; 70 FR 40880, July 15, 2005; 70 FR 67651, Nov. 8, 2005; 70 FR 72074, Dec. 1, 2005; and 81 FR 49896, July 29, 2016.

§ 172.765 Succistearin (stearoyl propylene glycol hydrogen succinate). The food additive succistearin (stearoyl propylene glycol hydrogen succinate) may be safely used in food in accordance with the following prescribed conditions: ( a ) The additive is the reaction product of succinic anhydride, fully hydrogenated vegetable oil (predominantly C16 or C18 fatty acid chain length), and propylene glycol.
( b ) The additive meets the following specifications: Acid number 50-150. Hydroxyl number 15-50. Succinated ester content 45-75 percent.
( c ) The additive is used or intended for use as an emulsifier in or with shortenings and edible oils intended for use in cakes, cake mixes, fillings, icings, pastries, and toppings, in accordance with good manufacturing practice.
#### § 211.58 Maintenance.

Any building used in the manufacture, processing, packing, or holding of a drug product shall be maintained in a good state of repair.
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS IN FORM 10-Q FOR MEDIALINK WORLDWIDE INCORPORATED FOR THE
PERIOD ENDED JUNE 30, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS 
</LEGEND> 
<MULTIPLIER> 1
       
<S>                           <C>
<PERIOD-TYPE>                       6-MOS
<FISCAL-YEAR-END>             DEC-31-1997
<PERIOD-START>                JAN-01-1997
<PERIOD-END>                  JUN-30-1997
<CASH>                         12,185,267
<SECURITIES>                            0
<RECEIVABLES>                   6,327,984
<ALLOWANCES>                      204,099
<INVENTORY>                             0
<CURRENT-ASSETS>               19,356,325
<PP&E>                          1,966,795
<DEPRECIATION>                    774,637
<TOTAL-ASSETS>                 25,532,286
<CURRENT-LIABILITIES>           4,550,344
<BONDS>                                 0
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<COMMON>                           51,297
<OTHER-SE>                     20,375,857
<TOTAL-LIABILITY-AND-EQUITY>   25,532,286
<SALES>                         6,639,815
<TOTAL-REVENUES>                6,639,815
<CGS>                           2,529,971
<TOTAL-COSTS>                   2,529,971
<OTHER-EXPENSES>                3,064,979
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>                 15,512
<INCOME-PRETAX>                 1,194,039
<INCOME-TAX>                      465,016
<INCOME-CONTINUING>               729,023
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                      729,023
<EPS-PRIMARY>                        0.13
<EPS-DILUTED>                           0

        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-31-1999
<PERIOD-START>                             MAY-01-1998
<PERIOD-END>                               JUL-31-1998
<CASH>                                       4,097,000
<SECURITIES>                                         0
<RECEIVABLES>                               17,549,000
<ALLOWANCES>                                   706,000
<INVENTORY>                                 20,726,000
<CURRENT-ASSETS>                            47,149,000
<PP&E>                                      43,930,000
<DEPRECIATION>                              26,994,000
<TOTAL-ASSETS>                              86,408,000
<CURRENT-LIABILITIES>                       37,980,000
<BONDS>                                      3,318,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          1
<COMMON>                                     2,234,000
<OTHER-SE>                                  42,497,000
<TOTAL-LIABILITY-AND-EQUITY>                86,408,000
<SALES>                                     20,320,000
<TOTAL-REVENUES>                            20,320,000
<CGS>                                       12,980,000
<TOTAL-COSTS>                               12,980,000
<OTHER-EXPENSES>                            11,805,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             296,000
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<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (4,465,000)
<EPS-PRIMARY>                                   (0.62)
<EPS-DILUTED>                                   (0.62)
        

</TABLE>
§ 26.11 Start of operational period. ( a ) The operational period shall start at the end of the transition period and its provisions apply to inspection reports generated by authorities listed as equivalent for the inspections performed in their territory.
( b ) In addition, when an authority is not listed as equivalent based on adequate experience gained during the transition period, the Food and Drug Administration (FDA) will accept for normal endorsement (as provided in § 26.12) inspection reports generated as a result of inspections conducted jointly by that authority on its territory and another authority listed as equivalent, provided that the authority of the Member State in which the inspection is performed can guarantee enforcement of the findings of the inspection report and require that corrective measures be taken when necessary. FDA has the option to participate in these inspections, and based on experience gained during the transition period, the parties will agree on procedures for exercising this option.
( c ) In the European Community (EC), the qualified person will be relieved of responsibility for carrying the controls laid down in Article 22 paragraph 1(b) of Council Directive 75/319/EEC (see appendix A of this subpart) provided that these controls have been carried out in the United States and that each batch/lot is accompanied by a batch certificate (in accordance with the World Health Organization Certification Scheme on the Quality of Medicinal Products) issued by the manufacturer certifying that the product complies with requirements of the marketing authorization and signed by the person responsible for releasing the batch/lot.
Exhibit 32.2

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

In connection with the Annual Report of LMIC, Inc. (the "Company") on Form
10-KSB for the period ending December 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Payesh Jhaveri, 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.





By: /s/ Payesh Jhaveri
----------------------
Chief Financial Officer
October 18, 2004
§ 1313.56 Time and place of hearing. ( a ) If any regulated person requests a hearing on the suspension of shipments, a hearing will be scheduled no later than 45 days after the request is made, unless the regulated person requests an extension to this date.
( b ) The hearing will commence at the place and time designated in the notice given pursuant to paragraph (a) of this section but thereafter it may be moved to a different place and may be continued from day to day or recessed to a later day without notice other than announcement thereof by the presiding officer at the hearing.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7358 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 7358

   To provide for a limitation on funds to implement, administer, or 
enforce certain general licenses issued by the Office of Foreign Assets 
               Control of the Department of the Treasury.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2024

  Mr. Ogles introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL

 
   To provide for a limitation on funds to implement, administer, or 
enforce certain general licenses issued by the Office of Foreign Assets 
               Control of the Department of the Treasury.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Carveouts for Terrorists Act''.

SEC. 2. LIMITATION ON FUNDS TO IMPLEMENT, ADMINISTER, OR ENFORCE 
              CERTAIN OFAC GENERAL LICENSES.

    (a) In General.--No funds may be made available to implement, 
administer, or enforce the following general licenses issued by the 
Office of Foreign Assets Control of the Department of the Treasury on 
January 17, 2024 (pursuant to the Global Terrorism Sanctions 
Regulations under part 594 of title 31, Code of Federal Regulations):
            (1) General License 22.
            (2) General License 23.
            (3) General License 24.
            (4) General License 25.
            (5) General License 26.
    (b) Congressional Approval.--Any general license issued by the 
Office of Foreign Assets Control after January 17, 2024, in relation to 
the designation of Ansarallah as a Specially Designated Global 
Terrorist, may only take effect pursuant to an Act of Congress enacted 
after the date of the enactment of this Act specifically authorizing 
such license to take effect.
                                 <all>
```
#### § 344.12 Ear drying aid active ingredient.

The active ingredient of the product consists of isopropyl alcohol 95 percent in an anhydrous glycerin 5 percent base.

[65 FR 48905, Aug. 10, 2000]
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<ARTICLE>                     5

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<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              MAY-31-2000
<PERIOD-START>                                 JUN-01-1999
<PERIOD-END>                                   MAY-31-2000
<CASH>                                                285
<SECURITIES>                                            0
<RECEIVABLES>                                     567,930
<ALLOWANCES>                                      (14,660)
<INVENTORY>                                       389,578
<CURRENT-ASSETS>                                  951,173
<PP&E>                                          1,650,196
<DEPRECIATION>                                   (250,855)
<TOTAL-ASSETS>                                  3,188,424
<CURRENT-LIABILITIES>                           3,923,751
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<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
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<TOTAL-LIABILITY-AND-EQUITY>                    3,188,424
<SALES>                                         1,862,083
<TOTAL-REVENUES>                                1,862,083
<CGS>                                           1,153,160
<TOTAL-COSTS>                                   2,757,922
<OTHER-EXPENSES>                                  321,816
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                                261,480
<INCOME-PRETAX>                                (1,217,656)
<INCOME-TAX>                                            0
<INCOME-CONTINUING>                                     0
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                   (1,217,656)
<EPS-BASIC>                                         (0.06)
<EPS-DILUTED>                                       (0.06)



</TABLE>