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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6491

RONNIE PHILLIPS,

Plaintiff - Appellant,

versus

WILLIAM E. GUNN, Director of South Carolina

Department of Probation, Parole and Pardon

Services,

Defendant - Appellee.

Appeal from the United States District Court for the District of

South Carolina, at Columbia. Charles E. Simons, Jr., Senior

District Judge. (CA-95-3231-3-6BC)

Submitted: July 23, 1996 Decided: August 5, 1996

Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ronnie Phillips, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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 with out prejudice on his complaint alleging that a change in

South Carolina law regarding parole eligibility violated the Ex

Post Facto Clause and precluded his release on parole. We have

reviewed the record and the district court's opinion accepting the

recommendation of the magistrate judge and find no reversible

error. Accordingly, we affirm on the district court's reasoning

that Appellant's failure to exhaust state remedies precludes this

action. Phillips v. Gunn, No. CA-95-3231-3-6BC (D.S.C. Mar. 15,

1996). See Todd v. Baskerville, 712 F.2d 70, 71-72 (4th Cir. 1983)

(exhaustion required when prisoner challenges constitutionality of

continued confinement and seeks release or shortening of duration

of confinement, even if complaint is styled as a 42 U.S.C. § 1983

(1988) action). 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
EXHIBIT 13.1
  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 Annual Report of Fuwei Films (Holdings) Co., Ltd. (the “Company”) on Form 20-F/A for the year ended December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), we, Xiaoan He and Xiuyong Zhang, the Chief Executive Officer and Chief Financial Officer
of the Company, respectively certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that, to the best of our knowledge:
  (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.
  Pursuant to the rules and regulations of the Securities and Exchange Commission, this certification is being furnished and not deemed filed.
  October 28, 2009
 /s/ Xiaoan HeXiaoan He
Chief Executive Officer
   /s/ Xiuyong ZhangXiuyong Zhang
Chief Financial Officer
  A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
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.                  

###### Securities and Exchange Commission

# TIME AND DATE:

 2:00 p.m. on Thursday, March 24, 2022.

# PLACE: 

The meeting will be held via remote means and/or at the Commission's headquarters, 100 F Street  NE, Washington, DC 20549.

# STATUS: 

This meeting will be closed to the public.

# MATTERS TO BE CONSIDERED: 

Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters also may be present.

                        In the event that the time, date, or location of this meeting changes, an announcement of the change, along with the new time, date, and/or place of the meeting will be posted on the Commission's website at                         *https://www.sec.gov.*

The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10), permit consideration of the scheduled matters at the closed meeting.

The subject matter of the closed meeting will consist of the following topics:

Institution and settlement of injunctive actions;

Institution and settlement of administrative proceedings;

Resolution of litigation claims; and

Other matters relating to examinations and enforcement proceedings.

At times, changes in Commission priorities require alterations in the scheduling of meeting agenda items that may consist of adjudicatory, examination, litigation, or regulatory matters.

# CONTACT PERSON FOR MORE INFORMATION: 

For further information; please contact Vanessa A. Countryman from the Office of the Secretary at (202) 551-5400.

*(Authority:*5 U.S.C. 552b.)                    

Dated: March 17, 2022.

Vanessa A. Countryman, 

Secretary.

[FR Doc. 2022-06095 Filed 3-18-22; 11:15 am]

BILLING CODE 8011-01-P
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

EL PASO COUNTY WATER

IMPROVEMENT DISTRICT 1

,

Appellant,

v.

ROGELIO TREVIZO

,

Appellee. **§**

**§**

**§**

**§**

**§**

**§**

**§** No. 08

- 2 1

- 00 206

- CV

Appeal from the

243 rd D istrict Court

of El Pa so County, Texas

(TC# 2019 DCV1164 )

O R D E R

The Court GRANTS the Parties ’ Joint Motion to Rees tablish Appellate Ti me table. T his

Court ORDERS this appeal to continue, the appellate timetable suspension is lifted, and the Record

shall be filed in this Court on or before March 17, 2022

.

IT IS SO ORDERED this 7 th day of March, 2022

.

PER CURIAM

Before Rodriguez , C.J., Palafox and Alley , JJ.
#### UNITED STATES of America, Plaintiff-Appellee, v. Antonio Demetrius WILLIAMS, a/k/a Little Wayne, a/k/a Black, a/k/a Antonio Williams, Defendant-Appellant.

No. 17-6936

United States Court of Appeals, Fourth Circuit.

Submitted: December 21, 2017

Decided: December 27, 2017

*192Antonio Demetrius Williams, Appellant Pro Se. Grayson A. Hoffman, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Harrisonburg, Virginia, for Appellee.

Before WILKINSON and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Antonio Demetrius Williams seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 28 U.S.C. § 2253(c)(1)(B) (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. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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 states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Williams 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 legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*DISMISSED*
[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Notices]
[Page 15442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05726]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Alcohol Abuse and Alcoholism; Notice of 
Closed Meeting

    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 on Alcohol Abuse and 
Alcoholism Special Emphasis Panel; Exploratory/Developmental 
Research Grant Program Review Panel.
    Date: April 8, 2022.
    Time: 2:00 p.m. to 3:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, National Institute on 
Alcohol Abuse and Alcoholism, 6700B Rockledge Drive, Bethesda, MD 
20892 (Virtual Meeting).
    Contact Person: Ranga Srinivas, Ph.D., Chief, Extramural Project 
Review Branch, National Institute on Alcohol Abuse and Alcoholism, 
National Institutes of Health, 6700 B Rockledge Drive, Room 2114, 
Bethesda, MD 20892, (301) 451-2067, <a href="/cdn-cgi/l/email-protection#e390918a8d8a958291a38e828a8fcd8d8a8bcd848c95"><span class="__cf_email__" data-cfemail="3d4e4f5453544b5c4f7d505c545113535455135a524b">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.271, 
Alcohol Research Career Development Awards for Scientists and 
Clinicians; 93.272, Alcohol National Research Service Awards for 
Research Training; 93.273, Alcohol Research Programs; 93.891, 
Alcohol Research Center Grants; 93.701, ARRA Related Biomedical 
Research and Research Support Awards, National Institutes of Health, 
HHS)

    Dated: March 14, 2022.
Melanie J. Pantoja,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2022-05726 Filed 3-17-22; 8:45 am]
BILLING CODE 4140-01-P


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```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 670 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 670

 To amend title XIX of the Social Security Act to extend the Medicaid 
rules regarding supplemental needs trusts for Medicaid beneficiaries to 
   trusts established by those beneficiaries, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 2015

 Mr. Thompson of Pennsylvania (for himself and Mr. Pallone) introduced 
 the following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL

 
 To amend title XIX of the Social Security Act to extend the Medicaid 
rules regarding supplemental needs trusts for Medicaid beneficiaries to 
   trusts established by those beneficiaries, 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 ``Special Needs Trust Fairness Act of 
2015''.

SEC. 2. FAIRNESS IN MEDICAID SUPPLEMENTAL NEEDS TRUSTS.

    (a) In General.--Section 1917(d)(4)(A) of the Social Security Act 
(42 U.S.C. 1396p(d)(4)(A)) is amended by inserting ``the individual,'' 
after ``for the benefit of such individual by''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to trusts established on or after the date of the enactment of 
this Act.
                                 <all>
```
Exhibit 32.1  CERTIFICATE 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 (the Report) on the Form 10-K of Munro Developments Inc. (the Company) for the year ended December 31, 2015, as filed with the Securities and Exchange Commission on the date hereof, I, Andrew Munro, Chief Executive Officer, President, Chief Financial Officer, Secretary and Director, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:  1. The Report fully complies with the requirements of Section 13 (a) or 15 (d) of the Securities and Exchange Act of 1934, as amended; and  2. The information contained in this Report fairly presents, in all material respects, the financial condition and results of operation of the Company.  Date: March 18, 2016  /s/ Andrew Munro Chief Executive Officer, President and Director Chief Accounting Officer, Chief Financial Officer and Director
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          11,657
<SECURITIES>                                     5,546
<RECEIVABLES>                                    8,296
<ALLOWANCES>                                     (353)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                28,004
<PP&E>                                           9,773
<DEPRECIATION>                                 (7,383)
<TOTAL-ASSETS>                                  32,301
<CURRENT-LIABILITIES>                           12,304
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            64
<OTHER-SE>                                      19,933
<TOTAL-LIABILITY-AND-EQUITY>                    32,301
<SALES>                                          9,084
<TOTAL-REVENUES>                                 9,084
<CGS>                                            2,248
<TOTAL-COSTS>                                    2,248
<OTHER-EXPENSES>                                 6,796
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    202
<INCOME-TAX>                                        50
<INCOME-CONTINUING>                                152
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       152
<EPS-PRIMARY>                                      .02
<EPS-DILUTED>                                      .02
        

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

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                       5,089,212
<SECURITIES>                                         0
<RECEIVABLES>                                1,225,082
<ALLOWANCES>                                    44,132
<INVENTORY>                                 51,718,674
<CURRENT-ASSETS>                            69,613,056
<PP&E>                                      32,613,056
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                             119,168,411
<CURRENT-LIABILITIES>                       28,807,676
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       124,349
<OTHER-SE>                                  32,794,544
<TOTAL-LIABILITY-AND-EQUITY>               119,168,411
<SALES>                                     54,067,276
<TOTAL-REVENUES>                            56,557,977
<CGS>                                       36,697,637
<TOTAL-COSTS>                               50,918,717
<OTHER-EXPENSES>                             3,243,332
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             671,273
<INCOME-PRETAX>                              1,724,655
<INCOME-TAX>                                   683,100
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,041,555
<EPS-PRIMARY>                                     0.08
<EPS-DILUTED>                                     0.08
        

</TABLE>
<PAGE>

43

                                                                       Form 10-Q


                                  Exhibit (99)2

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

I, Frank A. D'Amelio, Executive Vice President and Chief Financial Officer of
Lucent Technologies 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 March 31, 2003 (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 Company.

Dated: May 13, 2003


/s/ Frank A. D'Amelio
--------------------------------
Executive Vice President and
Chief Financial Officer
#### JH KELLY, LLC, a Washington limited liability company, Plaintiff-Appellant, v. TIANWEI NEW ENERGY HOLDINGS CO., LTD., a People’s Republic of China company; et al., Defendants-Appellees.

No. 14-36040

United States Court of Appeals, Ninth Circuit.

Argued and Submitted December 4, 2017 Seattle, Washington

Filed December 15, 2017

*415Joseph N. Pirtle, Attorney, Elam & Burke, PA, Boise, ID, for Plaintiff-Appellant

Jeff W. Bower, Michael Roe, Attorney, Givens Pursley LLP, Boise, ID, for Defendant-Appellee Tianwei New Energy Holdings Co., Ltd.

Jack S. Gjording, Esquire, Attorney, James B. Smith, Esquire, Attorney, Gjord-ing Fouser, PLLC, Boise, ID, for Defendants-Appellees Tao Zhang, Dayi Liu Kelly Alfred Cameron, Perkins Coie LLP, Boise, ID, for Defendant-Appellee Wei Xia

Before: HAWKINS and CHRISTEN, Circuit Judges, and KOBAYASHI,* District Judge.

*

**The Honorable Leslie E, Kobayashi, United States District Judge for the District of Hawaii, sitting by designation,

MEMORANDUM **

JH Kelly, LLC appeals the dismissal of its first amended complaint with prejudice. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.

Even absent an express request for leave to amend, JH Kelly’s fraud-based claims should not have been dismissed with prejudice.1*See Henry A. v. Willden,*678 F.3d 991, 1005 (9th Cir. 2012) (citing *Lopez v. Smith,*203 F.3d 1122, 1130 (9th Cir. 2000) (en banc)). The first amended complaint provided the defendants with ample notice of the “misconduct which is alleged to constitute the fraud charged” and comes very close to stating a plausible claim of fraud with the requisite particularity. *See United States v. United Healthcare Ins. Co.,*848 F.3d 1161, 1180 (9th Cir. 2016).

There was no finding that the pleading deficiencies could not be cured by alleging additional facts consistent with the first amended complaint. *See Schreiber Distrib. Co. v. Serv-Well Furniture Co.,*806 F.2d 1393, 1401 (9th Cir. 1986). And, at oral argument in this appeal, JH Kelly confirmed that it could allege additional facts to cure the deficiencies identified in the district court’s order, given the opportunity to do so. *See Steckman v. Hart Brewing, Inc.,*143 F.3d 1293, 1296 (9th Cir. 1998) (dismissal without leave to amend improper “ ‘unless it is clear, upon de novo review, that the complaint could not be saved by any amendment’ ” (quoting *Chang v. Chen,*80 F.3d 1293, 1296 (9th Cir. 1996)).

VACATED AND REMANDED.

Each party shall bear their own costs.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

1

. JH Kelly does not challenge the dismissal of its negligence claim with prejudice.