alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-1024

JULIUS TATE,

Plaintiff – Appellant,

v.

TERESA FRANKLIN, Nurse; DR. STRICKLAND; LT. TURNER; CORPORAL 

SMITH; MAJOR DUNNIGAN; ORANGE COUNTY JAIL MEDICAL DEPARTMENT,

Defendants – Appellees.

Appeal from the United States District Court for the Middle 

District of North Carolina, at Greensboro. N. Carlton Tilley,

Jr., Senior District Judge. (1:09-cv-00230-NCT-PTS)

Submitted: April 28, 2011 Decided: May 3, 2011

Before DAVIS, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Julius Tate, Appellant Pro Se. Robert T. Numbers, II, WOMBLE 

CARLYLE SANDRIDGE & RICE, PLLC, Winston-Salem, North Carolina;

Charles Houston Foppiano, BATTEN LEE, PLLC, Cary, North 

Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Julius Tate seeks to appeal the district court’s order 

adopting the magistrate judge’s report and recommendation and 

dismissing several of the Defendants from his 42 U.S.C. § 1983 

(2006) action. This court may exercise jurisdiction only over 

final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory 

and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 

54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-

46 (1949). The order Tate seeks to appeal is neither a final 

order nor an appealable interlocutory or collateral order. 

Accordingly, we dismiss the appeal for lack of jurisdiction. 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
<PAGE>
                                                                    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



I, Michael E. Boxer, Executive Vice President and Chief Financial Officer
(Principal Financial Officer) of Mariner Health Care, Inc. (the "Company"),
certify, pursuant to section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
section 1350, that:
(1)   the Quarterly Report on Form 10-Q of the Company for the quarterly period
      ended June 30, 2003 (the "Report") fully complies with the requirements of
      sections 13(a) or 15(d) of the Securities Exchange Act of 1934; and
(2)   the information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.

Date:  August 14, 2003

/s/ Michael E. Boxer
----------------------------------
Michael E. Boxer
Executive Vice President and
Chief Financial Officer (Principal
Financial Officer)
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WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         882074                        
       
<S>                             <C>
<PERIOD-TYPE>                  6-MOS
<FISCAL-YEAR-END>                              DEC-31-1995
<PERIOD-END>                                   JUN-30-1996                              
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<CURRENT-ASSETS>                             5,666,000
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<DEPRECIATION>                             (77,303,000)    
<TOTAL-ASSETS>                              37,150,000
<CURRENT-LIABILITIES>                        6,942,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<COMMON>                                       123,000
<OTHER-SE>                                  23,090,000
<TOTAL-LIABILITY-AND-EQUITY>                37,150,000
<SALES>                                     10,808,000
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<TOTAL-COSTS>                               12,528,000
<OTHER-EXPENSES>                                     0
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<INTEREST-EXPENSE>                            (902,000)   
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<CHANGES>                                            0
<NET-INCOME>                                   701,000
<EPS-PRIMARY>                                      .06
<EPS-DILUTED>                                      .06 
        



</TABLE>
[LETTERHEAD OF SCHERING CORPORATION]


                                                               September 8, 1999

Mr. Randall E. Woods
President and Chief Executive Officer
Corvas International, Inc.
3030 Science Park Road
San Diego, California 92121

RE:      Factor Xa Research Programs

Dear Mr. Woods:

         This "Letter of Agreement" is to notify you of Schering's decision to
extend the term of the Factor Xa Research Program under the Agreement by and
between Corvas International, Inc. ("Corvas") and Schering Corporation and
Schering-Plough Ltd. (collectively "Schering"), effective as of December 14,
1994, as amended by that certain Letter of Understanding signed on December 17,
1996, as extended by that certain Letter of Agreement dated December 15, 1998
(extending the term of the Factor Xa Research Program through September 14,
1999), as further amended by that certain Amendment Agreement dated February 18,
1999, as further amended by that certain Second Amendment Agreement dated June
29, 1999 (the Agreement, with all amendments and extensions, hereby referred to
collectively as the "Agreement"), subject to the following modifications:

         1. The Factor Xa Research Program shall be extended for an additional
period of three (3) months to terminate on December 14, 1999 (the "Extension").

         2. Schering shall pay to Corvas one million dollars ($1,000,000) in
research funding for the three month extension, such payment to be made on or
before September 30, 1999.

         3. Schering and Corvas shall, within fourteen (14) days of the date
hereof, amend Exhibit G of the Agreement to set forth the responsibilities of
the parties with respect to performance of the research collaboration during the
Extension.


<PAGE>


Mr. Randall E. Woods                   2                       September 8, 1999



         4. Except as specifically amended hereby, all other terms and
provisions of the Agreement shall remain unchanged and in full force and effect.

         Unless otherwise defined herein, capitalized terms herein shall have
the same meanings as set forth in the Agreement.

         We at Schering look forward to continuing our collaborative research
efforts under the Agreement.

         Please indicate Corvas' acceptance and agreement to the provisions set
forth in this Letter of Agreement by signing below on behalf of Corvas and
returning one signed original to Schering.



      Very truly yours,
                         LEGAL REVIEW                               LEGAL REVIEW
      Schering Corporation                        Schering -Plough Ltd.

      /s/ DAVID POORVIN, PH.D.                    /s/ DAVID POORVIN, PH.D.
      -------------------------                   -------------------------
      David Poorvin, Ph.D.                        David Poorvin, Ph.D.
      Vice President                              Prokurist



Acknowledged and Agreed to
Corvas International, Inc.

By:  /s/ RANDALL E. WOODS
     --------------------------
Title:  President and CEO
        -----------------------
Date:  September 10, 1999
       ------------------------
Case: 2:18-cv-00266-EAS-CMV Doc #: 30 Filed: 06/18/19 Page: 1 of 27  PAGEID #: 1141

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<TABLE> <S> <C>

<ARTICLE>  5
<MULTIPLIER>   1000
       
<S>                              <C>
<PERIOD-TYPE>                    9-MOS
<FISCAL-YEAR-END>                DEC-31-1996
<PERIOD-START>                   JAN-01-1996
<PERIOD-END>                     SEP-30-1996
<CASH>                             1071
<SECURITIES>                          0
<RECEIVABLES>                     57911
<ALLOWANCES>                       3058
<INVENTORY>                        3235
<CURRENT-ASSETS>                  63167
<PP&E>                            23995
<DEPRECIATION>                    14911
<TOTAL-ASSETS>                     9084
<CURRENT-LIABILITIES>             49512
<BONDS>                               0
<COMMON>                             50
<PREFERRED-MANDATORY>                 0
<PREFERRED>                           0
<OTHER-SE>                        25046
<TOTAL-LIABILITY-AND-EQUITY>      92925
<SALES>                          138793
<TOTAL-REVENUES>                 138793
<CGS>                            132079
<TOTAL-COSTS>                    132079
<OTHER-EXPENSES>                   8435
<LOSS-PROVISION>                      0
<INTEREST-EXPENSE>                 3398
<INCOME-PRETAX>                   (5119)
<INCOME-TAX>                      (1679)
<INCOME-CONTINUING>               (3440)
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<EXTRAORDINARY>                       0
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<NET-INCOME>                      (3440)
<EPS-PRIMARY>                      (.78)
<EPS-DILUTED>                      (.78)

        

</TABLE>
ARCA biopharma, Inc. 2004 Equity Incentive Plan



 Exhibit 10.37 
 ARCA biopharma, Inc. 
 NOTICE OF GRANT OF STOCK OPTION 
 [                                        
] (the “Optionee”) has been granted an option (the “Option”) to purchase certain shares of Stock of ARCA biopharma, Inc. (f/k/a Nuvelo, Inc.) pursuant to the Nuvelo, Inc. 2004 Equity Incentive Plan, as amended to date (as amended,
the “Plan”), as follows: 
  

			
	Date of Option Grant:	  	[            , 2009]
	Option Number:	  	[            ]
	Number of Option Shares:	  	[            ]
	Exercise Price:	  	[$            per share]
	Vesting Start Date:	  	[            ]
	Option Expiration Date:	  	[            , 2019]
	Tax Status of Option:	  	Incentive Stock Option

 The total Exercise Price of the Option Shares granted is
[$            ]. 
 The Optionee’s right to purchase the Option Shares vests as follows:
(i) 25% of the Option Shares vests one year after the Vesting Start Date, provided the Optionee remains in Service at the end of such one-year period, and (ii) 6.25% of the Option Shares vests at the end of each three-month period
thereafter, provided the Optionee remains in Service at the end of each such period. The resulting aggregate number of vested Option Shares will be rounded to the nearest whole number, and the Optionee cannot vest in more than the number of Option
Shares. 
 By their signatures below, the Company and the Optionee agree that the Option is governed by this Notice of Grant of Stock Option and by the
provisions of the Plan and the attached Stock Option Agreement, both of which are attached to and made a part of this document. The Optionee acknowledges receipt of copies of the Plan and the Stock Option Agreement, represents that the Optionee has
read and is familiar with their provisions, and hereby accepts the Option subject to all of their terms and conditions. 
  

							
	ARCA biopharma, Inc.	 		 	OPTIONEE
				
	By:	 	  
	 		 	  

		 		 		 	Signature
				
	Its:	 	  
	 		 	  

		 		 		 	Date


									
					
	Address:	 	8001 Arista Place, Suite 200	 		 		 	
		 	Broomfield, CO 80021	 		 	Address:	 	  

		 		 		 		 	  



			
		
	ATTACHMENTS:	 	Stock Option Agreement and Exercise Notice (in hard or soft copy).
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM (A)
FINANCIAL STATEMENTS CONTAINED IN THE COMPANY'S FORM 10-QSB FOR THE PERIOD ENDED
JUNE 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH (B)
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                         586,587
<SECURITIES>                                         0
<RECEIVABLES>                                3,994,249
<ALLOWANCES>                                   108,467
<INVENTORY>                                  4,362,356
<CURRENT-ASSETS>                             9,454,821
<PP&E>                                       3,520,729
<DEPRECIATION>                               1,858,917
<TOTAL-ASSETS>                              20,531,930
<CURRENT-LIABILITIES>                        1,462,227
<BONDS>                                      2,657,203
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        34,615
<OTHER-SE>                                  16,377,885
<TOTAL-LIABILITY-AND-EQUITY>                20,531,930
<SALES>                                      9,892,164
<TOTAL-REVENUES>                             9,910,275
<CGS>                                        6,830,257
<TOTAL-COSTS>                               10,720,493
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             144,857
<INCOME-PRETAX>                              (955,075)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (955,075)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (955,075)
<EPS-BASIC>                                     (0.27)
<EPS-DILUTED>                                   (0.27)


</TABLE>
The STATE of Florida, Appellant, v. Macynson CANGAS, Appellee.

No. 3D17-346

District Court of Appeal of Florida, Third District.

Opinion filed February 28, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, 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 Institute of Neurological Disorders and Stroke Special Emphasis Panel; NINDS BRAIN Review (U01 and R01) Meeting.                    

*Date:*                         February 17-18, 2022.                    

*Time:*                         9:30 a.m. to 4:30 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852 (Virtual Meeting).                    

*Contact Person:*                         Mir Ahamed Hossain, Ph.D., Scientific Review Officer, Scientific Review Branch, NINDS/NIH/DHHS, Neuroscience Center, 6001 Executive Blvd., Suite 3208, MSC 9529, Bethesda, MD 20892-9529, 301-496-9223,                         *mirahamed.hossain@nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS)

Dated: January 18, 2022. 

Tyeshia M. Roberson-Curtis,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2022-01241 Filed 1-21-22; 8:45 am]

BILLING CODE 4140-01-P
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-11285

BRIAN WILLIAMS BUCHANAN, Petitioner-Appellant,

versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellee.

--------------------- Appeal from the United States District Court for the Northern District of Texas

--------------------- June 3, 1999 Before JOLLY, SMITH, and WIENER, Circuit Judges:
PER CURIAM: * Brian Buchanan requests a certificate of appealability (“COA”) to appeal the dismissal of his 28 U.S.C. § 2254 federal habeas petition as barred by the one-year statute of limitations in 28 U.S.C. § 2244(d). Buchanan contends that the district court erred in dismissing his § 2254 petition as time-barred under § 2244(d). He argues that the limitations period should2

have been equitably tolled until he received notice of the denial3

of his state habeas application and for an additional 14 days while he was preparing his federal habeas petition for filing. He also avers that application of the limitations period in § 2244(d) to bar his first federal habeas petition violates the Suspension Clause, U.S. C ONST . art. I, § 9, cl. 2. Although we agree with the district court that Buchanan’s petition was untimely under § 2244(d) and, therefore, deny a COA on that issue, this did not relieve the district court of its obligation to examine the argument that § 2244(d) violates the Suspension Clause. Buchanan first raised his Suspension Clause arguments in his response to the respondent’s motion to dismiss his § 2254 petition as time-barred. The district court should have construed his response as a motion to amend his § 2254 petition. See United States v. Riascos , 76 F.3d 93, 94 (5th Cir. 1996)(holding that an issue raised for the first time in an objection to a magistrate judge’s report may be construed as a motion to amend the complaint). Buchanan was entitled to amend his § 2254 pleading once as of right, because the state only moved to dismiss the § 2254 application and had not yet filed a responsive pleading. See F ED . R. C IV . P. 15(a); Barksdale v. King , 699 F.2d 744, 746-47 (5th Cir. 1983). Therefore, the Suspension Clause claim should be treated as an amendment to Buchanan’s § 2254 petition, and the merits of this claim should be addressed. See Murphy v. Johnson , 110 F.3d 10, 11 (5th Cir. 1997).No. 98-11285 - 4 -

4 A COA is GRANTED only as to Buchanan’s Suspension Clause claim, the order dismissing Buchanan’s § 2254 petition is VACATED, and this case is REMANDED for consideration of the merits of the Suspension Clause claim. See Sonnier v. Johnson , 161 F.3d 941, 945-46 (5th Cir. 1998); Whitehead v. Johnson , 157 F.3d 384, 387-88 (5th Cir. 1998). COA MOTION GRANTED; CASE VACATED and REMANDED.
3

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