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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

Fifth Circuit 

## FILED February 1, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________ No. 06-60782 (Summary Calendar)

_____________________ PETER BOGGAN, Plaintiff-Appellant
MISSISSIPPI CONFERENCE OF THE UNITED METHODIST CHURCH, Defendant-Appellee

--------------------- Appeal from the United States District Court the Southern District of Mississippi

(3:05-CV-553)

--------------------- BEFORE SMITH, WIENER, and OWEN, Circuit Judges. PER CURIAM:* Plaintiff-Appellant Peter Boggan, a Methodist minister previously employed as a pastor by Defendant-Appellee Mississippi Conference of the United Methodist Church (“MCUMC”), appeals the district court’s Rule 12(b)(6) dismissal of his Title VII and 42 U.S.C. § 1981 action grounded in race discrimination. As fully explained by the court in its Memorandum Opinion and Order of May 5, 2006, Boggan’s claims failed to present any basis for possible recovery, as they are among the larger class of employment discrimination claims that are barred by the so-called minister-2

clergy exception, which is firmly rooted in the Free Exercise clause of the First Amendment to the United States Constitution. The district court rejectedbothof Boggan’s alternative arguments, viz., that (1) our holdings in Combs v. Central Texas Annual Conference of the United Methodist Church, 173 F.2d 343 (5th Cir. 1999) and Starkman v. Evans, 198 F.3d 173 (5th Cir. 1999), which continued to approbate this exception, are not good law and should be rejected by this court, and (2) alternatively, his claim remains cognizable because elimination of race discrimination, as compelling government interest, should be addressed under the twopart test of the Religious Freedom Restoration Act (“RFRA”), by application of Title VII and § 1981, if

—— as Boggan contends

—— the Supreme Court’s declaration of the RFRA’s unconstitutionality in City of Boerne v. Flores, 521 U.S. 507 (1997) does not apply to federal law. Having thoroughly reviewed the facts of this case and the applicable law as reflected in the record on appeal and the briefs of the parties, we are convinced that the district court ruled correctly in dismissing Boggan’s action under Rule 12(b)(6). Our 1999 holdings in Combs and Starkman remain fully viable and controlling. Unless they are nullified by some future holding of the Supreme Court of the United States or by this court en banc, the courts of this circuit continue to be bound by the holdings of Combs and Starkman. For essentially the reasons cogently and correctly expressed by the district court, its judgment of3

dismissal is, in all respects, AFFIRMED.
I 

110TH CONGRESS 

1ST SESSION H. R. 2314 

To amend part E of title IV of the Social Security Act to increase payments 

to States for expenditures for short term training of staff of certain 

child welfare agencies. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2007 

Mr. WELLER of Illinois introduced the following bill; which was referred to 

the Committee on Ways and Means 

A BILL 

To amend part E of title IV of the Social Security Act 

to increase payments to States for expenditures for short 

term training of staff of certain child welfare agencies. 

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

3 SECTION 1. INCREASE IN PAYMENTS TO STATES FOR EX4 PENDITURES FOR SHORT TERM TRAINING OF 

5 STAFF OF CERTAIN CHILD WELFARE AGEN6 CIES. 

7 (a) IN GENERAL.—Section 474(a)(3)(B) of the So8 cial Security Act (42 U.S.C. 674(a)(3)(B)) is amended by 

9 inserting ‘‘, or State-licensed or State-approved child welmstockstill on PROD1PC66 with BILLS

2 

•HR 2314 IH

1 fare agencies providing services,’’ after ‘‘child care institu2 tions’’. 

3 (b) EFFECTIVE DATE.— 

4 (1) IN GENERAL.—The amendment made by 

5 subsection (a) shall take effect on the 1st day of the 

6 1st calendar quarter that begins on or after the date 

7 of the enactment of this Act, without regard to 

8 whether regulations to implement the amendment 

9 are promulgated by such date. 

10 (2) DELAY PERMITTED IF STATE LEGISLATION

11 REQUIRED.—In the case of a State plan approved 

12 under section 454 of the Social Security Act which 

13 requires State legislation (other than legislation ap14 propriating funds) in order for the plan to meet the 

15 additional requirements imposed by the amendment 

16 made by subsection (a) of this section, the State 

17 plan shall not be regarded as failing to comply with 

18 the additional requirements solely on the basis of the 

19 failure of the plan to meet the additional require20 ments before the first day of the first calendar quar21 ter beginning after the close of the first regular ses22 sion of the State legislature that begins after the 

23 date of the enactment of this Act. For purposes of 

24 the previous sentence, in the case of a State that has 

25 a 2-year legislative session, each year of such session 

mstockstill on PROD1PC66 with BILLS

3 

•HR 2314 IH

1 shall be deemed to be a separate regular session of 

2 the State legislature. 

Æ 

mstockstill on PROD1PC66 with BILLS
###### Editorial Note on [Part 3](/current/title-38/part-3?toc=1)

#### Editorial Note:

Nomenclature changes to part 3 appear at [61 FR 7216](https://www.federalregister.gov/citation/61-FR-7216), Feb. 27, 1996; [62 FR 35970](https://www.federalregister.gov/citation/62-FR-35970), July 3, 1997; [62 FR 47532](https://www.federalregister.gov/citation/62-FR-47532), Sept. 9, 1997; and [67 FR 46868](https://www.federalregister.gov/citation/67-FR-46868), July 17, 2002.

#### § 3.21 Monetary rates.

The rates of compensation, dependency and indemnity compensation for surviving spouses and children, and section 306 and old-law disability and death pension, are published in tabular form in appendix B of the Veterans Benefits Administration Manual M21-1 and are to be given the same force and effect as if published in the regulations ([title 38, Code of Federal Regulations](/on/2024-09-18/title-38)). The maximum annual rates of improved pension payable under Pub. L. 95-588 (92 Stat. 2497) are set forth in [§§ 3.23](/on/2024-09-18/title-38/section-3.23) and [3.24](/on/2024-09-18/title-38/section-3.24). The monthly rates and annual income limitations applicable to parents' dependency and indemnity compensation are set forth in [§ 3.25](/on/2024-09-18/title-38/section-3.25).

Cross References:

Section 306 pension. See [§ 3.1(u)](/on/2024-09-18/title-38/section-3.1#p-3.1(u)). Old-law pension. See [§ 3.1(v)](/on/2024-09-18/title-38/section-3.1#p-3.1(v)). Improved pension. See [§ 3.1(w)](/on/2024-09-18/title-38/section-3.1#p-3.1(w)).

[[44 FR 45932](https://www.federalregister.gov/citation/44-FR-45932), Aug. 6, 1979]
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-2653
FANNIE BISHI, Plaintiff - Appellant, versusTHE BLACK MOUNTAIN CENTER; NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES; SECRETARY BRITT, Defendants - Appellees.
Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (CA-94-233-1) Submitted: February 7, 1996 Decided: February 21, 1996 Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Fannie Bishi, Appellant Pro Se. Victoria Lewis Voight, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order denying relief on her complaint, which alleged violations of Title VII, 42 U.S.C.A. § 2000e-2 (West 1994), and 42 U.S.C.A. § 1981 (West 1994),and breach of contract. Appellant's case was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (1988). The magistrate judge recommended that relief be denied and advised Appellant that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Appellant failed to object to the magistrate judge's recommendation; instead, she filed a motion for voluntary dismissal. The timely filing of objections to a magistrate judge's recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned that failure to object will waive appellate review. Wright v. Collins , 766 F.2d 841, 845-46 (4th Cir. 1985). See generally Thomas v. Arn, 474 U.S. 140 (1985). Appellant has waived appellate review by failing to file objections after receiving proper notice. Appellant's motion for voluntary dismissal is not a substitute for objections to the magistrate judge's report; further, the district court properly denied the motion. See Fed. R. App. P. 41. Accordingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are3 adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-2653

FANNIE BISHI,

Plaintiff - Appellant,

versus

THE BLACK MOUNTAIN CENTER; NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES; SECRETARY BRITT,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District

Judge. (CA-94-233-1)

Submitted: February 7, 1996 Decided: February 21, 1996

Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Fannie Bishi, Appellant Pro Se. Victoria Lewis Voight, OFFICE OF

THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina,

for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order denying

relief on her complaint, which alleged violations of Title VII, 42

U.S.C.A. § 2000e-2 (West 1994), and 42 U.S.C.A. § 1981 (West 1994),

and breach of contract. Appellant's case was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (1988). The magistrate judge recommended that relief be denied and advised Appellant

that failure to file timely objections to this recommendation could

waive appellate review of a district court order based upon the

recommendation. Despite this warning, Appellant failed to object to

the magistrate judge's recommendation; instead, she filed a motion

for voluntary dismissal.

The timely filing of objections to a magistrate judge's

recommendation is necessary to preserve appellate review of the

substance of that recommendation when the parties have been warned

that failure to object will waive appellate review. Wright v.

Collins, 766 F.2d 841, 845-46 (4th Cir. 1985). See generally Thomas

v. Arn, 474 U.S. 140 (1985). Appellant has waived appellate review

by failing to file objections after receiving proper notice.

Appellant's motion for voluntary dismissal is not a substitute for

objections to the magistrate judge's report; further, the district

court properly denied the motion. See Fed. R. App. P. 41. Accordingly, we affirm the judgment of the district court. We dispense

with oral argument because the facts and legal contentions are
3

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED
#### § 512.345 Payments subject to the Clinician HDPA.

CMS adjusts the amount otherwise paid under Medicare Part B with respect to MCP claims on claim lines with CPT codes 90965 and 90966 by the Clinician HDPA when the claim is submitted by a Managing Clinician who is an ETC Participant with a claim service date during a calendar year subject to adjustment as described in § 512.350 and the beneficiary is at least 18 years old before the first day of the month.
Attachment 5 ‐ Battery manufacturing under submitter's control
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          NOV-30-2000
<PERIOD-START>                             DEC-01-1999
<PERIOD-END>                               MAY-31-2000
<CASH>                                          96,981
<SECURITIES>                                         0
<RECEIVABLES>                                  491,764
<ALLOWANCES>                                         0
<INVENTORY>                                    920,980
<CURRENT-ASSETS>                             1,616,139
<PP&E>                                         338,934
<DEPRECIATION>                                 223,398
<TOTAL-ASSETS>                               2,307,175
<CURRENT-LIABILITIES>                        5,431,650
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     2,880,079
<OTHER-SE>                                 (6,090,154)
<TOTAL-LIABILITY-AND-EQUITY>                 2,307,175
<SALES>                                      1,666,429
<TOTAL-REVENUES>                             1,669,774
<CGS>                                          864,961
<TOTAL-COSTS>                                  864,961
<OTHER-EXPENSES>                             1,455,686
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             164,202
<INCOME-PRETAX>                              (650,873)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (650,873)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (650,873)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
§ 21.5100 Counseling. ( a ) *Purpose.* The purpose of counseling is: ( 1 ) To assist in selecting an objective:
( 2 ) To develop a suitable program of education or training; and
( 3 ) To resolve any personal problems which are likely to interfere with the successful pursuit of a program.
( b ) *Availability of counseling.* Counseling assistance in available for— ( 1 ) Identifying and removing reasons for academic difficulties which may result in interruption or discontinuance of training, or
( 2 ) In considering changes in career plans, and making sound decisions about the changes. (Authority: 38 U.S.C. 3697A(a))
( c ) *Optional counseling.* VA shall provide counseling as needed for the purposes identified in paragraphs (a) and (b) of this section upon request of the individual. VA shall take appropriate steps (including individual notification where feasible) to acquaint all participants with the availability and advantages of counseling services. (Authority: 38 U.S.C. 3241, 3697A(a) and (b))
( d ) *Required counseling.* ( 1 ) In any case in which VA has rated the veteran as being incompetent, VA must provide counseling as described in 38 U.S.C. 3697A prior to selection of a program of education or training. The counseling will follow the veteran's initial application for benefits or any communication from the veteran or guardian indicating that the veteran wishes to change his or her program. This requirement that counseling be provided is met when— ( i ) The veteran has had one or more personal interviews with the counselor;
( ii ) The counselor has jointly developed with the veteran recommendations for selecting a program;
( iii ) These recommendations have been reviewed with the veteran.
( 2 ) The veteran may follow the recommendations developed in the course of counseling, but is not required to do so.
( 3 ) VA will take no further action on a veteran's application for assistance under 38 U.S.C. chapter 32 unless he or she— ( i ) Reports for counseling;
( ii ) Cooperates in the counseling process; and
( iii ) Completes counseling to the extent required under paragraph (d)(1) of this section.
(Authority: 38 U.S.C. 3241, 3697A(c))
[45 FR 31, Jan. 2, 1980, as amended at 47 FR 51746, Nov. 17, 1982; 53 FR 34497, Sept. 7, 1988; 58 FR 31911, June 7, 1993; 61 FR 29030, June 7, 1996; 61 FR 36629, July 12, 1996]
# Official Journal L 231I/2018

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 231I |
| | |
| English edition | Legislation | Volume 6114 September 2018 |

ISSN 1977-0677

Official Journal

of the European Union

L 231I

English edition

Legislation

Volume 6114 September 2018

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | * | Commission Implementing Decision (EU) 2018/1242 of 14 September 2018 concerning certain interim protective measures relating to African swine fever in Belgium
  (notified under document C(2018) 6072)

   (
  1
  ) | 1 |

Contents

II   Non-legislative acts

page

DECISIONS

*

Commission Implementing Decision (EU) 2018/1242 of 14 September 2018 concerning certain interim protective measures relating to African swine fever in Belgium
  (notified under document C(2018) 6072)

   (
  1
  )

(notified under document C(2018) 6072)

1

1

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
§ 48.510 What actions will the Federal Government take against a recipient determined to have violated this part? If a recipient is determined to have violated this part, as described in § 48.500 or § 48.505, the Department of Veterans Affairs may take one or more of the following actions— ( a ) Suspension of payments under the award;
( b ) Suspension or termination of the award; and
( c ) Suspension or debarment of the recipient under 2 CFR parts 180 and 801, for a period not to exceed five years.
[68 FR 66557, 66619, 66620, Nov. 26, 2003, as amended at 72 FR 30243, May 31, 2007]
§ 50.306 Rape and incest. Federal financial participation is available in expenditures for medical procedures performed upon a victim of rape or incest if the program or project has received signed documentation from a law enforcement agency or public health service stating: ( a ) That the person upon whom the medical procedure was performed was reported to have been the victim of an incident of rape or incest;
( b ) The date on which the incident occurred;
( c ) The date on which the report was made, which must have been within 60 days of the date on which the incident occurred;
( d ) The name and address of the victim and the name and address of the person making the report (if different from the victim); and
( e ) That the report included the signature of the person who reported the incident.
Federal financial participation is also available in expenditures for abortions for victims of rape or incest under the circumstances described in § 50.304 without regard to the requirements of the preceding sentence. (Sec. 101, Pub. L. 95-205, 91 Stat. 1461, Dec. 9, 1977)
[43 FR 13868, July 21, 1978, as amended at 44 FR 61598, Oct. 26, 1979]
Editorial Note on Part 84
Editorial Note: Nomenclature changes to part 84 appear at 69 FR 18803, Apr. 9, 2004.

§ 84.176 Fit test—PAPR classes HE and PAPR100. NIOSH will assess powered air-purifying respirator fit using either isoamyl acetate or generated aerosol. ( a ) *Isoamyl acetate (IAA) fit test.* The applicant must provide a charcoal-filled canister or cartridge of a size and resistance similar to the filter unit with connectors which can be attached to the facepiece in the same manner as the filter unit. ( 1 ) The canister or cartridge will be used in place of the filter unit, and persons will each wear a modified half-mask facepiece for 8 minutes in a test chamber containing 100 parts (by volume) of isoamyl acetate vapor per million parts of air. ( i ) The following work schedule will be performed by each wearer in the test chamber: ( A ) Two minutes nodding up and down, and turning head side to side; and
( B ) Two minutes calisthenic arm movements.
( C ) Two minutes running in place.
( D ) Two minutes pumping with tire pump.
( ii ) The facepiece must be capable of adjustment, according to the applicant's instructions, to each wearer's face, and the odor of isoamyl acetate must not be detectable by any wearer during the test.
( 2 ) Where the respirator is equipped with a full facepiece, hood, helmet, or mouthpiece, the canister or cartridge will be used in place of the filter unit, and persons will each wear the modified respiratory inlet covering for 8 minutes in a test chamber containing 500 parts (by volume) of isoamyl acetate vapor per million parts of air, performing the work schedule specified in paragraph (b)(2) of this section.
( b ) *Generated aerosol fit test.* The powered air-purifying particulate respirator system is tested in an atmosphere containing 20-40 mg/m3 corn oil aerosol having a mass median aerodynamic diameter of 0.4 to 0.6 μm. ( 1 ) The following activities will be performed by each wearer in the test chamber: ( i ) Two minutes, nodding and turning head;
( ii ) Two minutes, calisthenic arm movements;
( iii ) Two minutes, running in place; and
( iv ) Two minutes, pumping with a tire pump into a 28-liter (1 ft3) container.
( 2 ) The respiratory inlet covering will be adjusted, according to the applicant's instructions, to each wearer's face.
( 3 ) The appropriate fit factor must be exceeded during the entire test.
###### Editorial Note on Part 3

#### Editorial Note:

Nomenclature changes to part 3 appear at 61 FR 7216, Feb. 27, 1996; 62 FR 35970, July 3, 1997; 62 FR 47532, Sept. 9, 1997; and 67 FR 46868, July 17, 2002.

#### § 3.385 Disability due to impaired hearing.

For the purposes of applying the laws administered by VA, impaired hearing will be considered to be a disability when the auditory threshold in any of the frequencies 500, 1000, 2000, 3000, 4000 Hertz is 40 decibels or greater; or when the auditory thresholds for at least three of the frequencies 500, 1000, 2000, 3000, or 4000 Hertz are 26 decibels or greater; or when speech recognition scores using the Maryland CNC Test are less than 94 percent.

[59 FR 60560, Nov. 25, 1994]
Motion Denied; Appeal Dismissed and Memorandum Opinion filed 

September 12, 2013.

In The

Fourteenth Court of Appeals

NO. 14-13-00618-CV

IN THE INTEREST OF E.A.F., A CHILD

On Appeal from the 314th District Court

Harris County, Texas

Trial Court Cause No. 2012-02536J

M E M O R A N D U M O P I N I O N

This is an attempted appeal of an interlocutory order that terminates the 

parental rights of father E.F. The order does not dispose of all parties and issues in 

this case and is therefore not a final order for purposes of appeal. 

Appellant filed a motion to abate this appeal pending entry of a final 

judgment. On August 14, 2013, notification was transmitted to all parties of the 

Court’s intent to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 
2

42.3(a). Appellant’s response fails to demonstrate that this Court has jurisdiction 

to entertain the appeal.

Accordingly, because there is no final judgment or appealable interlocutory 

order, we deny appellant’s motion to abate and dismiss this appeal for want of 

jurisdiction. See Tex. R. App. P. 42.3(a); 43.2(f);

PER CURIAM

Panel consists of Justices Brown, Christopher, and Donovan.