alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 71, Number 166 (Monday, August 28, 2006)]
[Notices]
[Page 50928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7167]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Cancer Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Institute Special Emphasis 
Panel, CA07-002, 008, 009, Application of Emerging Technologies for 
Cancer Research (STTR R41/R42), (SBIR R43/44), (R21/R33, R21, R33).
    Date: October 18-19, 2006.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Marriott Bethesda Suites, 6711 Democracy Boulevard, 
Bethesda, MD 20817.
    Contact Person: C. Michael Kerwin, PhD, MPH, Scientific Review 
Administrator, Special Review and Logistics Branch, Division of 
Extramural Activities, National Cancer Institute, NIH, 6116 
Executive Blvd., Rm. 8057, Bethesda, MD 20892-8329. 301-496-7421. 
<a href="/cdn-cgi/l/email-protection#ff949a8d88969192bf929e9693d1919697d1989089"><span class="__cf_email__" data-cfemail="90fbf5e2e7f9fefdd0fdf1f9fcbefef9f8bef7ffe6">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.392, 
Cancer Construction; 93.393, Cancer Cause and Prevention Research; 
93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer 
Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer 
Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer 
Control, National Institutes of Health, HHS).

    Dated: August 17, 2006.
Anna Snouffer,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 06-7167 Filed 8-25-06; 8:45 am]
BILLING CODE 4140-01-M


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No. 11-8769.

#### Geberetensia *v.*Holder, Attorney General.

C. A. 4th Cir. Certiorari denied.
IN THE MISSOURI COURT OF APPEALS

HANDDOWN LIST OF MAY 10 , 2016

WESTERN DISTRICT

THE FOLLOWING CASES WERE AFFIRMED PURSUANT TO RULE 84.16(b)

AND ISSUED PER CURIAM



### ------------------------------------------------------------------

WD78077 Kenneth D. Forte vs. State of Missouri

WD78259 Daniel Berning vs. State of Missouri

WD78273 Charles M. O’Neal vs. State of Missouri

WD78346 Jimmie Williams vs. State of Missouri

WD7 8515 John E. Youngs vs. Noah Conley, A Minor, Stacey Conley, His Natural Mother,

Jamie Conley, His Natural Father

WD78587 Kenneth blake vs. Doug Worsham, et al

WD78601 Consolidated with WD78515

THE FOLLOWING CASES WERE AFFIRMED PURSUANT TO RULE 30.25(b)

AND ISSUED PER CURIAM



### ---------------------------------------------------------------- --

WD76975 State of Missouri vs. Joseph M. Braughton

WD 78128 State of Missouri vs. Ervin D. Carroll, Jr.

WD78164 State of Missouri vs. Alfonso Rodriguez

WD78582 State of Missouri vs. Jeremy A. Brady
No. 11-5322.

#### Elston *v.*United States.

C. A. 3d Cir. Cer-tiorari denied.
Amendment to employment agreement with John A. Skolas



 Exhibit 10.48 
 

 
 September 29, 2004 
 John A.
Skolas 
 12 Lenape Drive 
 New Hope, PA 18938 
 Dear John, 
 In conjunction with your promotion to Executive Vice President,
your severance terms expand from six months to one year. Accordingly, the severance terms in your offer letter dated October 3, 2003 providing (6) six months salary continuation in the event your employment is terminated without cause, are
hereby replaced by the following provisions: 
 “If Genaera terminates your employment without cause (“cause” is defined in Genaera’s
2004 Stock Based Incentive Compensation Plan) you will receive your monthly base salary for twelve (12) months following your termination date or until you secure full time employment elsewhere, whichever period is shorter. If requested by
Genaera in writing to you on the day of or within three (3) business days after your termination, you agree to execute a general release in a form acceptable to Genaera, including a mutual non-disparagement clause. Provided Genaera acts in a
timely manner and in good faith to fulfill its obligations as to the terms of your employment, the execution of said release shall be a condition of receiving the severance pay described in this paragraph. For the avoidance of doubt, said release
will not supercede the terms of any Change in Control Agreement executed between you and Genaera, nor reduce the benefits payable to you under any employment benefit plan nor require you to relinquish any rights to defense and indemnification to
which you might otherwise be entitled pursuant to law, Genaera’s By-Laws, its Certificate of Incorporation or any policy of insurance for claims of initiated by third parties against you and/or Genaera for actions taken on behalf of Genaera in
your capacity as an officer and employee.” 
 Please indicate your acceptance of this amendment by your signature below and return one copy to Human
Resources. 
  

	
	/s/ Roy C. Levitt
	Roy C. Levitt, MD
	President and Chief Executive Officer

  

			
	Accepted:	 	/s/ John A. Skolas
	
	Date: 11/30/2004

 5110 Campus Drive · Plymouth Meeting, PA 19462 · Tel: (610) 941-4020 · Fax: (610) 941-5399
§ 68.326 Retention of records. ( a ) The responsible party for a Supplier's Declaration of Conformity shall maintain records containing the following information: ( 1 ) A copy of the Supplier's Declaration of Conformity;
( 2 ) The identity of the testing facility, including the name, address, phone number and other contact information.
( 3 ) A detailed explanation of the testing procedure utilized to determine whether terminal equipment conforms to the appropriate technical criteria.
( 4 ) A copy of the test results for terminal equipment compliance with the appropriate technical criteria.
( b ) For each device subject to the Supplier's Declaration of Conformity requirement, the responsible party shall maintain all records required under § 68.326(a) for at least ten years after the manufacture of said equipment has been permanently discontinued, or until the conclusion of an investigation or a proceeding, if the responsible party is officially notified prior to the expiration of such ten year period that an investigation or any other administrative proceeding involving its equipment has been instituted, whichever is later.
[66 FR 7586, Jan. 24, 2001]
§ 73.3578 Amendments to applications for renewal, assignment or transfer of control. ( a ) Any amendments to an application for renewal of any instrument of authorization shall be considered to be a minor amendment. However, the FCC may, within 15 days after tender for filing of any amendment, advise the applicant that the amendment is considered to be a major amendment and therefore is subject to the provisions of § 73.3580.
( b ) Any amendment to an application for assignment of construction permit or license, or consent to the transfer of control of an entity holding such a construction permit or license, shall be considered to be a minor amendment, except that any amendment which seeks a change in the ownership interest of the proposed assignee or transferee which would result in a change in control, or any amendment which would require the filing of FCC Form 2100 Schedules 314, 315, or 345 (*see* § 73.3500), if the changes sought were made in an original application for assignment or transfer of control, shall be considered to be a major amendment. However, the FCC may, within 15 days after the acceptance for filing of any other amendment, advise the applicant that the amendment is considered to be a major amendment and therefore is subject to the provisions of § 73.3580.
[44 FR 38504, July 2, 1979, as amended at 51 FR 18451, May 20, 1986; 89 FR 7261, Feb. 1, 2024]
[Federal Register Volume 71, Number 162 (Tuesday, August 22, 2006)]
[Notices]
[Page 48950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7116]


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

MARINE MAMMAL COMMISSION


Sunshine Act Notice

Time and Date: The Marine Mammal Commission and its Committee of 
Scientific Advisors on Marine Mammals will meet on Tuesday, 12 
September, and Wednesday, 13 September, 2006, from 8:30 a.m. to 6 p.m. 
The meetings are open to the public.

Place: National Conservation Training Center, 698 Conservation Way, 
Shepherdstown, WV 25443; telephone: 304-876-1600; Web site: http://training.fws.gov/.

ACCESSIBILITY AND PARTICIPATION: All portions of the meeting will be 
open to public observation. Because the meeting is being held at a 
Federal facility, public attendees will be subject to a security check. 
To facilitate this, individuals planning to attend the meeting should 
submit their names to the contact person listed below by 5 September 
2006. Otherwise, attendees may be briefly delayed at the facility 
entrance.
    Public participation in meeting discussions will be allowed as time 
permits and as determined to be desirable by the Chairman. Individuals 
may also file written statements on the agenda topics for consideration 
by the Commission and its Committee of Scientific Advisors. Such 
statements should be sent the contract person indicated below by 5 
September 2006.

Matters to be Considered: The Commission and Committee will meet to 
review and discuss, among other things, the Commissions' 
responsibilities and criteria for identifying priority issues and 
priority marine mammal species, the Commission's role in international 
issues and participation in international forums, the criteria and 
processes for reviewing applications for permits to take marine 
mammals, the composition and best use of the Committee of Scientific 
Advisors and the staff, and other issues that may arise. The agenda for 
the meeting is subject to change but will be posted and, as necessary, 
updated on the Commission's Web site at http://www.mmc.gov.

Contact Person for More Information: Suzanne Montgomery, Special 
Assistant to the Executive Director, Marine Mammal Commission, 4340 
East-West Highway, Room 905, Bethesda, MD 20814; telephone: 301-504-
0087; e-mail <a href="/cdn-cgi/l/email-protection#11627c7e7f65767e7c746368517c7c723f767e67"><span class="__cf_email__" data-cfemail="b0c3dddfdec4d7dfddd5c2c9f0ddddd39ed7dfc6">[email protected]</span></a>.

    Dated: August 18, 2006.
Timothy J. Ragen,
Acting Executive Director.
[FR Doc. 06-7116 Filed 8-18-06; 2:32 pm]
BILLING CODE 6820-31-M


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Exhibit 10.12

FOURTH AMENDED AND RESTATED NOTE

|U.S. $175,000,000 |  | Amended and Restated as of December 17, 2001
                    Amended and Restated as of August 21, 2002
                    Amended and Restated as of May 6, 2003
                    Amended and Restated as of June 18, 2003
|----------------- |  | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



FOR VALUE RECEIVED, E-LOAN, INC., a corporation organized
and existing under the laws of California (the "Borrower"), hereby
promises to pay to the order of GMAC Bank, a federal savings bank (the
"Lender"), in lawful money of the United States of America in
immediately available funds on the Expiry Date (as defined in the Warehouse
Credit Agreement) the principal sum of ONE HUNDRED SEVENTY FIVE MILLION United
States dollars ($175,000,000), or, if less, the aggregate unpaid principal
amount of all Advances (as defined in the Warehouse Credit Agreement) made by
the Lender to the Borrower pursuant to the Warehouse Credit Agreement.

The Borrower promises also to pay interest on the unpaid
principal amount of each Advance from the date such Advance is made until paid
in full, at the interest rates, and at the times, as specified in the Warehouse
Credit Agreement.

This Fourth Amended and Restated Note ("Amended and
Restated Note"), amends, restates and supersedes all prior notes, including
that certain Note dated November 1, 2001 in the amount of $50,000,000
("Original Note"), as amended and restated from time to time.  The
Original Note as amended and restated from time to time shall collectively be
referred to as the "Note".  However, the Amended and Restated Note
shall in no way extinguish the Borrower's unconditional obligation to repay all
indebtedness evidenced by the Original Note, as amended from time to time.  This
Note is referred to in the Warehouse Credit Agreement, dated as of November 1,
2001 ("Warehouse Credit Agreement").  This Note is secured by the
Warehouse Security Agreement, dated as of November 1, 2001.

This Note is subject to mandatory prepayment as provided in
Section 4.02 of the Warehouse Credit Agreement and, in case an Event of Default
(as defined in the Warehouse Credit Agreement) shall occur and be continuing,
the principal of and accrued interest on this Note may be declared to be due and
payable in the manner and with the effect provided in the Warehouse Credit
Agreement.

The Borrower hereby waives diligence, presentment, protest, demand or notice
of every kind in connection with this Note.

THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF
THE STATE OF DELAWARE WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF
LAWS.

E-LOAN, INC.

By:  __/s/ _____________________

---
No. 11-9757.

#### Collins *v.*Lempke, Superintendent, Five Points Correctional Facility.

C. A. 2d Cir. Certiorari denied.
#### Inza WENDELEN, as Administratrix of the Estate of Charles Wendelen, deceased, Plaintiff-Appellant, v. COMMANDER LARABEE MILLING COMPANY, Defendant-Respondent.

No. 144, Docket 21857.

United States Court of Appeals Second Circuit.

Argued Feb. 13, 1951.

Decided March 5, 1951.

William J. Brock, Buffalo, N. Y., Edward H. Kavinoky, Buffalo, N. Y., of counsel, for Inza Wendelen, as Admin-istratrix of Estate of Charles Wendelen, deceased, plaintiff-appellant.

Brown, Kelly, Turner & Symons, Buffalo, N. Y., John E. Leach, Buffalo, N. Y., of counsel, for Commander Larabee Milling Co., defendant-appellee.

Before AUGUSTUS N. HAND, CHASE and CLARK, Circuit Judges.

PER CURIAM.

Affirmed on the opinion of Knight, J., in the court below. 96 F.Supp. 92.
#### CALDERON et al. v. TOBIN, Secretary of Labor, et al.

No. 10151.

United States Court of Appeals District of Columbia Circuit.

Argued Dec. 8, 1950.

Decided Jan. 4, 1951.

*515F. Trowbridge vom Baur, Washington, D. G, with whom Ralph E. Becker and Joseph Pauli Marshall, Washington, D. G, were on the brief, for appellants.

Ward E. Boote, Asst. Solicitor, U. S. Department of Labor, Washington, D. G, with whom George Morris Fay, U. S. Atty., Joseph M. Howard, Asst. U. S. Atty., Washington, D. G, and Isidor Lazarus, Attorney, Department of Justice, were on the brief, for appellees. Joseph F. Goetten, Asst. U. S. Atty., Washington, D. G, also entered an appearance for appellees.

Before PRETTYMAN and BAZELON, Circuit Judges, and STONE, Circuit Judge (Retired), sitting by designation.

PRETTYMAN, Circuit Judge.

Maximo Calderon, being then an employee of the United States, died as the result of injuries sustained in the course of that employment. The Surrogate’s Court of the County of New York, after litigation, issued letters of administration to Aurea Calderon and refused to revoke those letters upon the petition of Adela Calderon. Thereafter Aurea, Adela and Celia Calderon were claimants before the Bureau of Employees’ Compensation of the Federal Security Agency for compensation as the widow of the deceased. The Director of the Bureau and the Appeals Board held Celia Calderon to be the widow within the meaning of the Federal Employees’ Compensation Act, 5 U.S.C.A. § 751 et seq. This suit followed.

It appears that the deceased had a succession of wives, at least one of whom, iate in the succession, was ceremonially married to him, and none of these relationships was formally dissolved. The federal Board selected the first in chronological order. It might be observed, although it is of no importance to the decision in this case, that she was not a party to the New York surrogate proceeding.

The Federal Compensation Act, as amended,1 provides: “The action of the Administrator or his designees in allowing o>r denying any payment under sections 751-791 and 793 of this title shall be final and conclusive for all purposes and with respect to all questions of law and fact, and not subject to review by any other official of the United States, or by any court by mandamus or otherwise, and credit shall be allowed in the accounts of any *516certifying or disbursing officer for payments in accordance with such action.”

The federal employees’ compensation allowances are grants by the Congress, and the agents of the Congress have power to determine the recipients of such grants. If Congress chose to preclude judicial review of the selection of the objects of its bounty, it could do so.2 The full faith and credit clause of the Constitution is not involved.

We are in agreement with the District Court, and its judgment is, therefore, affirmed.

1

. 5 U.S.C.A. § 793.

2

. Cf. 38 U.S.C.A. § 705; Barnett v. Hines, 1939, 70 App.D.C. 217, 105 F.2d 96, certiorari denied, 1939, 308 U.S. 573, 60 S.Ct. 88, 84 L.Ed. 480; Van Horne v. Hines, 1941, 74 App.D.C. 214, 122 F.2d 207, certiorari denied, 1941, 314 U.S. 689, 62 S.Ct. 360, 86 L.Ed. 552.
392PA13-2

#### State v. Robert Timothy Walston, Sr.

1. DefsPDR under N.C.G.S. § 7A-31 (COA12-1377-2)

1. Special Order

2. Def’s Petition for *Writ of Certiorari*to Review Order of COA

2. Denied
exv4w1



 




	COMMON SHARES




	INCORPORATED UNDER THE LAWS OF THE STATE OF INDIANA




	IRWIN FINANCIAL CORPORATION




	NO PAR VALUE




	FULLY PAID AND NONASSESSABLE COMMON SHARES, NO PAR
VALUE, OF




	IRWIN FINANCIAL CORPORATION




	NATIONAL CITY BANK




	SECRETARY











 









 







	IRWIN FINANCIAL CORPORATION




	A STATEMENT, IN FULL, OF THE RELATIVE RIGHTS, INTERESTS, PREFERENCES
AND RESTRICTIONS OF THE CLASS OF SHARES REPRESENTED BY THIS CERTIFICATE
WILL BE FURNISHED BY THE CORPORATION TO ANY SHAREHOLDER UPON WRITTEN
REQUEST AND WITHOUT CHARGE. SUCH REQUEST MAY BE MADE TO THE CORPORATION
OR THE TRANSFER AGENT.




	The following abbreviations, when used in the inscription on the face of this
certificate,. shall be construed as though




	they were written out in full according to applicable laws or regulations:
TEN COM —as tenants in common
TEN ENT — as tenants by the entireties
JT TEN — as joint tenants with right of
Survivorship and not as tenants            Act
in common (State)
Additional abbreviations may also be used though not in            the above list
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE
UNIF GIFT MIN ACT — Custodian
(Cust) (Minor)




	under Uniform Gifts : to Minors




	Signature(s) Guaranteed




	NOTICE            THE SIGNATURE(S) TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAM(S) AS WRITTEN UPON
NOTICE: THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR WITHOUT ALTERATION OR ENLARGEMENT On




	ANY CHANGE WHATEVER.




	By




	THE SIGNATURE(S) MUST BE GUARANTEED BY AN
ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS
SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH
MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE
MEDALLION PROGRAM), PURSUANT TO S.E.C. RULE 17Ad-l5.




	THIS CERTIFICATE ALSO EVIDENCES AND ENTITLES THE HOLDER HEREOF TO CERTAIN
RIGHTS AS SET FORTH IN THE RIGHTS AGREEMENT BETWEEN IRWIN FINANCIAL CORPORATION (THE
“COMPANY”) AND IRWIN UNION BANK AND TRUST COMPANY, DATED AS OF MARCH 1. 2001 (THE “RIGHTS
AGREEMENT’), THE TERMS OF WHICH ARE HEREBY INCORPORATED HEREIN BY REFERENCE AND A COPY OF
WHICH IS ON FILE AT THE PRINCIPAL OFFICES OF THE COMPANY. UNDER CERTAIN CIRCUMSTANCES, AS
SET FORTH IN THE RIGHTS AGREEMENT, SUCH RIGHTS WILL BE EVIDENCED BY SEPARATE CERTIFICATES
AND WILL NO LONGER BE EVIDENCED BY THIS CERTIFICATE. THE COMPANY WILL MAIL TO THE HOLDER
OF THIS CERTIFICATE A COPY OF THE RIGHTS AGREEMENT, AS IN EFFECT ON THE DATE OF MAILING,
WITHOUT CHARGE PROMPTLY AFTER RECEIPT OF A WRITTEN REQUEST THEREFOR. UNDER CERTAIN
CIRCUMSTANCES SET FORTH IN THE RIGHTS AGREEMENT, RIGHTS ISSUED TO, OR HELD BY, ANY PERSON
WHO IS, WAS OR BECOMES AN ACQUIRING PERSON OR AN AFFILIATE OR ASSOCIATE THEREOF (AS SUCH
TERMS ARE DEFINED IN THE RIGHTS AGREEMENT), WHETHER CURRENTLY HELD BY OR ON BEHALF OF
SUCH PERSON OR BY ANY SUBSEQUENT HOLDER. SHALL BECOME NULL AND VOID.
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

ASPEN CONSULTING, LLC, 

Appellant

v.

SECRETARY OF THE ARMY, 

Appellee

______________________

2022-2060

______________________

Appeal from the Armed Services Board of Contract 

Appeals in No. 61122, Administrative Judge Richard 

Shackleford, Administrative Judge Owen C. Wilson, 

Administrative Judge Timothy Paul McIlmail. 

______________________

O R D E R

The parties having so agreed, it is ordered that:

(1) The proceeding is DISMISSED under Fed. R. App. 

P. 42 (b).

Case: 22-2060 Document: 14 Page: 1 Filed: 11/09/2022
2 ASPEN CONSULTING, LLC V. SECRETARY OF THE ARMY 

(2) Each side shall bear their own costs.

FOR THE COURT

November 9, 2022

Date /s/ Peter R. Marksteiner

Peter R. Marksteiner 

Clerk of Court

ISSUED AS A MANDATE: November 9, 2022

Case: 22-2060 Document: 14 Page: 2 Filed: 11/09/2022
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-6178

MICHAEL ELLERY TORY, SR.,

Petitioner - Appellant,

versus

JACK LEE, Warden, Keen Mountain Correctional

Center,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. David G. Lowe, Magistrate

Judge. (CA-03-178-3)

Submitted: June 18, 2004 Decided: August 17, 2004

Before WILKINSON, TRAXLER, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael Ellery Tory, Sr., Appellant Pro Se. John H. McLees, Jr.,

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

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Michael Ellery Tory, Sr., appeals from the denial of his

28 U.S.C. § 2254 (2000) petition by the magistrate judge. An

appeal may not be taken to this court from the final order in a

§ 2254 proceeding unless a circuit justice or judge issues a

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

certificate of appealability will not issue absent “a substantial

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

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

demonstrating that jurists of reason would find that his

constitutional claims are debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Slack

v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676,

683 (4th Cir. 2001).

We have reviewed the record and conclude that Tory has

not made the requisite showing. We therefore 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