alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KEITH K. LY, 

Petitioner, 

 v. 

UNITED STATES OF AMERICA; et al., 

Respondents. 

No. 15-71833 

DEA No.4410-09-P 

MEMORANDUM*

On Petition for Review of an Order of the

Drug Enforcement Agency

Submitted April 11, 2017**

Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges. 

Keith K. Ly, M.D., seeks review of the decision by the Administrator of the 

U.S. Drug Enforcement Administration (“DEA”) suspending Ly’s DEA Certificate 

of Registration and denying his application for renewal. We have jurisdiction 

under 21 U.S.C. § 877. We review for substantial evidence the agency’s factual 

findings. 21 U.S.C. § 877. We may set aside the Administrator’s decision only if 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

APR 24 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 15-71833 

it was “arbitrary, capricious, an abuse of discretion or not in accordance with the 

law.” Fry v. Drug Enforcement Agency, 353 F.3d 1041, 1043 (9th Cir. 2003). We 

deny Dr. Ly’s petition.

The DEA Administrator did not abuse her discretion by denying Dr. Ly’s 

motion to reopen because Dr. Ly waived the opportunity for a hearing on his 

registration status. See 21 C.F.R. § 1301.43; see also Pincay v. Andrews, 389 F.3d

853, 855-56 (9th Cir. 2004) (ignorance of the rules or mistakes construing the rules 

do not usually constitute excusable neglect). 

The Administrator did not abuse her discretion by suspending Dr. Ly’s 

Certificates of Registration and denying any renewal applications because the 

Administrator properly considered the statutory factors to determine whether 

registration was inconsistent with the public interest. See 21 U.S.C. § 823(f); Fry, 

353 F.3d at 1043 (agency decision is not arbitrary and capricious if “based on a 

consideration of the relevant factors and there is no clear error of judgment” 

(citation omitted)). Contrary to Dr. Ly’s contentions, the Administrator’s 

imposition of this sanction did not violate Dr. Ly’s due process rights or implicate 

the Double Jeopardy Clause. See Hudson v. United States, 522 U.S. 93, 98-99 

(1997) (Double Jeopardy clause only prohibits the imposition of multiple criminal
3 15-71833 

punishments for the same offense); Pinnacle Armor, Inc. v. United States, 648 F.3d 

708, 716 (9th Cir. 2011) (discussing elements of a procedural due process claim).

We reject as unsupported by the record Dr. Ly’s contention that the 

Administrator was biased against him.

DENIED.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1254 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 1254

  To amend title 5, United States Code, to achieve parity between the 
cost of living adjustment with respect to an annuity under the Federal 
  Employees Retirement System and an annuity under the Civil Service 
               Retirement System, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2019

 Mr. Connolly introduced the following bill; which was referred to the 
                   Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL

 
  To amend title 5, United States Code, to achieve parity between the 
cost of living adjustment with respect to an annuity under the Federal 
  Employees Retirement System and an annuity under the Civil Service 
               Retirement System, and for other purposes.

    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 ``Equal COLA Act''.

SEC. 2. INCREASE IN COLA FOR FERS ANNUITIES.

    (a) In General.--Paragraph (1) of subsection (b) of section 8462 of 
title 5, United States Code, is amended to read as follows:
    ``(1) Except as provided in subsection (c), effective December 1 of 
each year, each annuity payable from the Fund having a commencing date 
not later than such December 1 shall be increased by the percent change 
in the price index for the base quarter of such year over the price 
index for the base quarter of the preceding year in which an adjustment 
under this subsection was made, adjusted to the nearest \1/10\ of 1 
percent.''.
    (b) Application.--The amendment made by subsection (a) shall apply 
to--
            (1) any cost-of-living adjustment under section 8462 of 
        title 5, United States Code, made after the date of the 
        enactment of this Act; and
            (2) any annuity covered by such section commencing before, 
        on, or after such date.
                                 <all>
```
# L_2012112EN.01009501.xml

| 24.4.2012 | EN | Official Journal of the European Union | L 112/6 |
| --- | --- | --- | --- |

24.4.2012

EN

Official Journal of the European Union

L 112/6

---

FINAL ACT

FINAL ACT

III.   EXCHANGE OF LETTERS

between the European Union and the Republic of Croatia on an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding accession

Sir,

I have the honour to acknowledge receipt of your letter which reads as follows:

‘I have the honour to refer to the question concerning an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding the accession of your country to the European Union which was raised in the framework of the accession negotiations.

I hereby confirm that the European Union is able to agree to such a procedure, in the terms set out in the Annex to this letter, which could be applied in respect of the Republic of Croatia as of the date on which the Accession Conference declares that the accession negotiations have been finally concluded.

I would be obliged if you could confirm that your Government is in agreement with the contents of this letter.’.

I have the honour to confirm that my Government is in agreement with the contents of this letter.

Yours faithfully,

---
# C_2012326EN.01004701.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/1 |
| --- | --- | --- | --- |

26.10.2012

EN

Official Journal of the European Union

C 326/1

---

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART TWO

NON-DISCRIMINATION AND CITIZENSHIP OF THE UNION

NON-DISCRIMINATION AND CITIZENSHIP OF THE UNION

Article 23

(ex Article 20 TEC)

(ex Article 20 TEC)

Every citizen of the Union shall, in the territory of a third country in which the Member State of which he is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that State. Member States shall adopt the necessary provisions and start the international negotiations required to secure this protection.

The Council, acting in accordance with a special legislative procedure and after consulting the European Parliament, may adopt directives establishing the coordination and cooperation measures necessary to facilitate such protection.

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

          - [Disaster Declaration #18110 and #18111; Colorado Disaster Number CO-00143]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 3.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Colorado (FEMA-4731-DR), dated 08/25/2023.

*Incident:*                         Severe Storms, Flooding, and Tornadoes.                    

*Incident Period:*                         06/08/2023 through 06/23/2023.                    

# DATES:

Issued on 11/01/2023.

*Physical Loan Application Deadline Date:*                         Filing Period for the county listed below ends 01/02/2024.                    

*Economic Injury (EIDL) Loan Application Deadline Date:*                         Filing Period for the county listed below ends 08/01/2024.                    

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

Alan Escobar, Office of Disaster Recovery & Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.

# SUPPLEMENTARY INFORMATION:

                    The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of COLORADO, dated 08/25/2023, is hereby amended to include Jefferson County. Please contact the SBA disaster assistance customer service center by email at                     *disastercustomerservice@sba.gov*                     or by phone at 1-800-659-2955 to request an application. Applications for physical damages may be filed until 01/02/2024 and applications for economic injury may be file until 08/01/2024. All other information in the original declaration remains unchanged.                

(Catalog of Federal Domestic Assistance Number 59008)

Francisco Sánchez, Jr.,

Associate Administrator, Office of Disaster Recovery & Resilience.

[FR Doc. 2023-26014 Filed 11-24-23; 8:45 am]

BILLING CODE 8026-09-P
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 February 3, 2016

t0127

Order 

Clerk

February 3, 2016

151954

AUTO-OWNERS INSURANCE COMPANY,

Plaintiff-Appellee,

v SC: 151954

COA: 320256

Muskegon CC: 13-048858-CK

CHANDRA L. NYHOF, a/k/a CHANDRA L.

JOWAR,

Defendant-Appellant, 

and

WILLIAM ANTHONY JONES,

Defendant,

and

LYNN L. GLASER, GLENN W. GLASER, JR.,

and BIT O’HEAVEN, INC., d/b/a GLASER’S

GLENN LOG CABIN RESORT,

Defendants-Appellees.

_________________________________________/

On order of the Court, the application for leave to appeal the May 7, 2015 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court.
<PAGE>

                                                                    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 Quarterly Report of Wireless Telecom Group, Inc. (the
"Company") on Form 10-Q for the quarter ending June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Periodic Report"),
I, Edward Garcia, Chairman and Chief Executive 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 Periodic 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 Periodic Report fairly presents,
in all material respects,  the financial condition and result of operations of
the Company.

                                            /s/ Edward Garcia
                                            ------------------------------------
                                            Edward Garcia
                                            Chairman and Chief Executive Officer
                                            August 12, 2003

The foregoing certification is being furnished solely pursuant to 18 U.S.C.
Section 1350 and is not being filed as part of the Report or as a separate
disclosure document.
**EXHIBIT 23**

 

CONSENT OF INDEPENDENT AUDITORS

 

We consent to the incorporation by reference in the Chattem, Inc. Registration Statements on Form S-8 (Nos. 33-35386, 33-78524, 33-78522,333-104888, 333-39558, 333-79809, 33-55640 and 33-61267), Form S-3 (No. 333-69397) and Form S-4 (No. 33-53627) of our report dated January 20, 2004, with respect to the consolidated financial statements of Chattem, Inc. included in the Annual Report(Form 10-K) of Chattem, Inc. for the year ended November 30, 2003. 

 

Our auditsalso included financial statement Schedule II of Chattem, Inc. listed in Item 15. This schedule is the responsibility of the Company’s management. Our responsibility is to express an opinion on this schedule based on our audits. In our opinion,the financial statement schedule referred to above, when considered in relation to the basic financial statements taken as a whole, presents fairly in all material respects the information set forth therein. 

 

/s/    ERNST & YOUNG LLP

 

Chattanooga, Tennessee 

February 16, 2004
<PAGE>   1
                                                                    EXHIBIT 11.1



                                  Exhibit 11.1
                                     ISOCOR
        STATEMENT OF COMPUTATION OF SHARES USED IN PER SHARE COMPUTATION
                                 (IN THOUSANDS)


<TABLE>
<CAPTION>
                                              Three months ended     Six months ended
                                              -------------------   -------------------
                                              June 30,   June 30,   June 30,   June 30,
                                                1997       1996       1997       1996
                                              --------   --------   --------   --------
<S>                                             <C>        <C>        <C>        <C>  
Computation of shares used in net income
(loss) per share:
  Weighted average common shares
    outstanding                                 9,378      9,222      9,361      6,180
  Common equivalent shares attributable to
    stock options (treasury stock method)
  Common equivalent shares attributable to
    redeemable preferred stock
                                                -----      -----      -----      -----
Shares used in per share calculation            9,378      9,222      9,361      6,180
                                                =====      =====      =====      =====
</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-1451

EDWARD C. MCREADY,

Plaintiff - Appellant,

v.

MARTIN O'MALLEY, Honorable, in his official capacity as 

Governor of the State of Maryland; UNIVERSITY SYSTEM OF 

MARYLAND; WILLIAM E. KIRWAN; UNIVERSITY OF MARYLAND 

UNIVERSITY COLLEGE; SUSAN ALDRIDGE; LAWRENCE E. LEAK; GREG 

VON LEHMAN; JOHN VOLPE; RHEA REED; RACHEL ZELKIND; SHAWNA 

ACKER-BALL; MEGAN FARRELL; THOMAS HOGAN; STATE OF MARYLAND; 

ELIZABETH MULHERRIN; ADELAIDE A. LAGNESE,

Defendants - Appellees.

Appeal from the United States District Court for the District of 

Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:08-

cv-02347-RWT; 8:08-cv-02386-RWT)

Submitted: February 6, 2012 Decided: March 12, 2012

Before NIEMEYER, AGEE, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Edward C. McReady, Appellant Pro Se. Thomas Faulk, Assistant 

Attorney General, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Edward C. McReady appeals the district court’s order 

granting Defendants’ motion for summary judgment in his 

consolidated civil actions. We have reviewed the record and 

conclude there is no reversible error. Accordingly, we affirm 

for the reasons stated by the district court. See McReady v. 

O’Malley, Nos. 8:08-cv-02347-RWT; 8:08-cv-02386-RWT (D. Md. Mar. 

31, 2011). Further, because we grant McReady’s motion for leave 

to file an amended informal brief in excess of the fifty-page 

limitation ordered by the Clerk’s Office, we deny as moot all 

other pending motions related to the length of McReady’s amended 

informal brief, including Defendants’ motion to strike McReady’s 

amended informal brief and McReady’s motion to strike 

Defendants’ opposition to his enlarged informal brief. We also 

deny as moot McReady’s motions for summary disposition and 

expedited review. 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.

AFFIRMED
# C_2016202EN.01015601.xml

| 7.6.2016 | EN | Official Journal of the European Union | C 202/156 |
| --- | --- | --- | --- |

7.6.2016

EN

Official Journal of the European Union

C 202/156

---

Article 246

(ex Article 215 TEC)

(ex Article 215 TEC)

Apart from normal replacement, or death, the duties of a Member of the Commission shall end when he resigns or is compulsorily retired.

A vacancy caused by resignation, compulsory retirement or death shall be filled for the remainder of the Member's term of office by a new Member of the same nationality appointed by the Council, by common accord with the President of the Commission, after consulting the European Parliament and in accordance with the criteria set out in the second subparagraph of Article 17(3) of the Treaty on European Union.

The Council may, acting unanimously on a proposal from the President of the Commission, decide that such a vacancy need not be filled, in particular when the remainder of the Member's term of office is short.

In the event of resignation, compulsory retirement or death, the President shall be replaced for the remainder of his term of office. The procedure laid down in the first subparagraph of Article 17(7) of the Treaty on European Union shall be applicable for the replacement of the President.

In the event of resignation, compulsory retirement or death, the High Representative of the Union for Foreign Affairs and Security Policy shall be replaced, for the remainder of his or her term of office, in accordance with Article 18(1) of the Treaty on European Union.

In the case of the resignation of all the Members of the Commission, they shall remain in office and continue to deal with current business until they have been replaced, for the remainder of their term of office, in accordance with Article 17 of the Treaty on European Union.

---
<PAGE>

                                                                      EXHIBIT 15

Goody's Family Clothing, Inc.
Knoxville, Tennessee

We have made a review, in accordance with standards of the Public Company
Accounting Oversight Board (United States), of the unaudited interim condensed
consolidated financial information of Goody's Family Clothing, Inc. and
Subsidiaries as of and for the periods ended July 30, 2005 and July 31, 2004 as
indicated in our report dated August 24, 2005; because we did not perform an
audit, we expressed no opinion on that information.

We are aware that our report referred to above, which is included in your
Quarterly Report on Form 10-Q for the quarter ended July 30, 2005, is
incorporated by reference in Registration Statements Nos. 333-32357, 33-51210,
33-68520, 333-00052, 333-09595 and 333-126475 on Form S-8.

We also are aware that the aforementioned report, pursuant to Rule 436(c) under
the Securities Act of 1933, is not considered a part of the Registration
Statements prepared or certified by an accountant or a report prepared or
certified by an accountant within the meaning of Sections 7 and 11 of that Act.

/s/ Deloitte & Touche LLP
-------------------------
Atlanta, Georgia
August 24, 2005
EXHIBIT 32.1



CERTIFICATION PURSUANT
TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

In connection with the accompanying
Quarterly Report of Equus Total Return, Inc. (the Fund”) on Form 10-Q for the quarter ended September 30, 2011 (the Report”),
I, John A. Hardy, Executive Chairman of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|(1) |  | To my knowledge, the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and
|--- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------
|(2) |  | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Fund.               



|                          |                                              
|------------------------- | ---------------------------------------------
|Dated: November 14,  2011 | /s/ John A.
        Hardy                    
|                          | John A. Hardy
        Chief Executive Officer