alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 6**  **233**

JUAN CELSO ZAVALETA PEREZ , P etitioner

- Appellant ,
v.
FRANK L. PERRY , Respondent

- Appellee
.

Appeal from the United States District Court for the Middle District of North Carolina , at Greensboro
. James A. Beaty, Jr. , Senior District Judge. ( 1 :1 4

- cv - 0 0 311

- JAB

- LPA )

Submitted : April 23, 2015 Decided: April 28, 2015

Before SHEDD, DUNCAN, and THACKER , Circuit Judges.

Dismissed by un published per curiam opinion
.
Juan Celso Zavaleta Perez , Appellant Pro Se. Clarence Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Juan Ce lso Zavaleta Perez se eks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing as untimely his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a cert ificate of appealability. 28 U.S.C.
§ 2253(c)(1) (A) (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 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (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 petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that
Perez has not made the requisite showing. Accordingly, we deny the motion for a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials3 before th is court and argument would not aid the decisional
process. DISMISSED
EX-10.6(a)



 Exhibit 10.6(a) 

TherapeuticsMDTM 
 December 28, 2015 

Via Overnight Courier and Email 
 Sancilio & Company, Inc.

 Attn: Dr. Fred Sancilio 
 3874 Fiscal Court, Suite 200

 Riviera Beach, FL 33404 
  

	Re:	 	Amendment# 1 to Master Services Agreement – Extension of Term 

 Dear Fred: 

This letter confirms the mutual agreement of TherapeuticsMD, Inc. (“TXMD”) and Sancilio & Company, Inc. (“SCI”)
(sometimes referred to as the “Parties” and each a “Party”), to extend the Term of the Master Services Agreement between the Parties entered into as of as of January 30, 2015 (the “MSA”) for six (6) months.

 NOW, THEREFORE, in consideration of the mutual promises set. forth herein and for other good and valuable consideration, the
receipt and sufficiency of which the Parties hereby acknowledge, intending to be legally bound, the Parties hereby agree as follows: 
  

	1.	 	Section 8.1. The MSA shall be amended, effective immediately to provide for the following change: 


The first sentence of Section 8.1 is deleted and replaced with the following language: 

“Unless sooner terminated in a manner herein provided, this Agreement shall continue until June 30, 2016 (hereinafter the
“Term”) 
  

	2.	 	Except as specifically referenced herein, the Agreement shall remain unchanged and shall continue in full force and effect. 


Please confirm your agreement to the Term extension by countersigning on the signature lines below. 

Regards, 
 /s/ Dan Cartwright 

Dan Cartwright 

Chief Financial Officer 







 AGREED TO AND ACCEPTED: 

Sancilio & Company, Inc. 
  

			
	By:	 	 /s/ Frederick D. Sancilio

		
	 Name:
	 	Frederick D. Sancilio
	Title:	 	CEO & President
	Date:	 	December 29, 2015
II

106TH CONGRESS

1ST SESSION S. 142

To amend section 842 of title 18, United States Code, relating to

recordkeeping requirements for explosive materials transfers.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. MOYNIHAN introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

To amend section 842 of title 18, United States Code, relating to recordkeeping requirements for explosive materials

transfers.

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

3 SECTION 1. RECORDKEEPING REQUIREMENTS FOR EXPLO4 SIVE MATERIALS TRANSFERS.

5 Section 842(f) of title 18, United States Code, is

6 amended, in the first sentence—

7 (1) by striking ‘‘require,’’ and inserting ‘‘re8 quire (’’; and
2

•S 142 IS

1 (2) by inserting before the period at the end the

2 following: ‘‘) and transmitting a copy of each such

3 record to the Secretary’’.

Æ
EXHIBIT 31.1

                  CERTIFICATION PURSUANT TO 18 U.S.C. ss. 1350,
      AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002


I, Steven Berman, certify that:


1.  I have  reviewed  this  quarterly  report  on  Form  10-Q  of  China  Wi-Max
Communications, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact  necessary to make the statements
made, in light of the  circumstances  under which such statements were made, not
misleading with respect to the period covered by this quarterly report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information included in this report, fairly present in all material respects the
financial  condition,  results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. I am responsible for  establishing  and maintaining  disclosure  controls and
procedures  (as  defined  in  Exchange  Act Rules  13a-14  and  15d-14)  for the
registrant and I have:

    a)     designed  such  disclosure  controls  and  procedures  to ensure that
           material  information  relating  to  the  registrant,  including  its
           consolidated subsidiaries, is made known to us by others within those
           entities,  particularly  during the  period in which  this  quarterly
           report is being prepared;

    b)     evaluated the effectiveness of the registrant's  disclosure  controls
           and  procedures  as of a date within 90 days prior to the filing date
           of this quarterly report (the "Evaluation Date"); and

    c)     presented in this report our conclusions about the effectiveness of
           the disclosure controls and procedures based on our evaluation as of
           the Evaluation Date;

5. The registrant's other certifying officer and I have disclosed,  based on our
most recent evaluation,  to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent function):

    a)     all  significant  deficiencies in the design or operation of internal
           controls which could  adversely  affect the  registrant's  ability to
           record,  process,  summarize  and  report  financial  data  and  have
           identified for the registrant's  auditors any material  weaknesses in
           internal controls; and

    b)     any fraud, whether or not material, that involves management or other
           employees who have a  significant role in  the  registrant's internal
           controls; and

6. The registrant's other certifying officer and I have indicated in this report
whether or not there were significant  changes in internal  controls or in other
factors that could significantly affect internal controls subsequent to the date
of our most recent  evaluation,  including any corrective actions with regard to
significant deficiencies and material weaknesses.

Date: August 21, 2009



By:      /s/ Steven Berman
         ----------------------------------
         Steven Berman
         Chief Executive Officer
Consent of Independent Accountants




We  hereby  consent  to  the   incorporation  by  reference  in  the  Prospectus
constituting part of this Registration Statement on Form S-2 of our report dated
July 31, 1998  appearing on page 25 of the Annual Report on Form 10-K of Pro-Fac
Cooperative,  Inc.  for the year ended  June 27,  1998.  We also  consent to the
application  of such report to the  Financial  Statement  Schedule for the three
years ended June 27, 1998 listed under Item 14(a) of Pro-Fac Cooperative, Inc.'s
Annual  Report on Form 10-K for the year ended June 27, 1998 when such  schedule
is read in conjunction with the financial  statements referred to in our report.
The audits  referred to in such report also  included this  Financial  Statement
Schedule.  We also consent to the reference to us under the heading "Experts" in
such Prospectus.



/s/ PricewaterhouseCoopers LLP
PRICEWATERHOUSECOOPERS LLP

Rochester, New York
September 14, 1998
EXHIBIT 10(I)







SUMMARY OF DIRECTOR AND EXECUTIVE OFFICER NON-PLAN COMPENSATION







Non-Employee Directors







The current fees paid to non-employee directors are as follows:







Non-employee directors are each paid a retainer of $60,000, 50% in cash and 50% in the form of restricted stock. The Chairman of the Board of Directors receives an additional $20,000 per year, and the Chairmen of the principal committees receive the following additional amounts for their duties as such; Audit, $10,000, Compensation, $5,000, Nominating and Governance, $5,000. Members of the Audit Committee each receive an additional $2,000 for their duties as such, and the members of the Compensation and Nominating and Governance Committees each receive $1,500.







Executive Officers







The current annual salaries of the executive officers are as follows:







Matthew Boyle, President and Chief Executive Officer


-- British Pounds 213,700







Paul N. Farquhar, Vice President, Treasurer and Chief Financial Officer


-- British Pounds 131,200







Annual cash bonuses and any equity awards will be determined at the end of the year.







* * * * *







Further information about compensation of directors and executive officers is found in the Company’s proxy statements on file with the Commission, as well as in periodic Form 8-K filings by the Company.
REPORT OF INDEPENDENT
AUDITORS


The Board of Directors
Nuveen Exchange-Traded Funds

In planning and performing our audit of the financial statements
of each of the Nuveen Exchange-Traded Funds listed in Exhibit
A attached hereto (the "Funds") for the year ended October 31,
2000, we considered its internal control, including control
activities for safeguarding securities, to determine our auditing
procedures for the purpose of expressing our opinion on the
financial statements and to comply with the requirements of
Form N-SAR, and not to provide assurance on internal control.

The management of the Funds is responsible for establishing and
maintaining internal control.  In fulfilling this responsibility,
estimates and judgments by management are required to assess
the expected benefits and related costs of internal control.
Generally, internal controls that are relevant to an audit pertain to
the entity's objective of preparing financial statements for
external purposes that are fairly presented in conformity with
generally accepted accounting principles.  Those internal controls
include the safeguarding of assets against unauthorized
acquisition, use, or disposition.

Because of inherent limitations in any internal control,
misstatements due to errors or fraud may occur and not be
detected.  Also, projections of any evaluation of internal control
to future periods are subject to the risk that internal control may
become inadequate because of changes in conditions, or that the
degree of compliance with the policies or procedures may
deteriorate.

Our consideration of internal control would not necessarily
disclose all matters in internal control that might be material
weaknesses under standards established by the American Institute
of Certified Public Accountants. A material weakness is a
condition in which the design or operation of one or more of the
specific internal control components does not reduce to a
relatively low level the risk that errors or fraud in amounts that
would be material in relation to the financial statements being
audited may occur and not be detected within a timely period by
employees in the normal course of performing their assigned
functions.  However, we noted no matters involving internal
control, including control activities for safeguarding securities,
and its operation that we consider to be material weaknesses as
defined above as of October 31, 2000.

This report is intended solely for the information and use of the
Board of Directors and management of the Nuveen Exchange-
Traded Funds and the Securities and Exchange Commission and
is not intended to be and should not be used by anyone other than
 these specified parties.


/s/ ERNST & YOUNG LLP

Chicago, Illinois
December 18, 2000

Exhibit A


Funds with October Fiscal Year End

Nuveen Insured Quality Municipal Fund, Inc.
Nuveen Insured Municipal Opportunity Fund, Inc.
Nuveen Premier Insured Municipal Income Fund, Inc.
Nuveen Insured Premium Income Municipal Fund 2
EXHIBIT 32.2

CERTIFICATION PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of CurrencyShares® Russian Ruble Trust (the Trust) on Form 10-Q for the period ended January 31, 2011 as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Joseph Arruda, Chief Financial Officer of Rydex Specialized Products LLC, the Sponsor of the Trust, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,
that:

1. The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of
the Trust.



|                             
|-----------------------------
|Date: March 11, 2011         
|                             
|/s/ JOSEPH ARRUDA            
|Joseph Arruda*               
|Chief Financial Officer      
|(principal financial officer)



|* | The Registrant is
a trust and Joseph Arruda is signing in his capacity as the principal financial officer of Rydex Specialized Products LLC, the Sponsor of the Registrant.
|- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
<PAGE>

                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

We consent to the incorporation by reference in the registration statement of
Spigadoro Inc. on Form S-3 and Form S-8 of our report dated October 14, 1999,
except for the convenience translation of the financial statements into U.S.
Dollars as to which the date is March 20, 2000, with respect to the financial
statements of Petrini S.p.A. (currently Spigadoro, Inc.) as of December 31, 1998
and for the two years ended December 31, 1998 and 1997, which report is included
in the Form 10-K of Spigadoro, Inc. for the year 2000. We also consent to the
reference to our Firm under the caption "Experts".






/s/ Reconta Ernst & Young S.P.A.

Perugia, Italy
April 12, 2001
Exhibit 32.2

NANOGEN, INC.

CERTIFICATIONS REQUIRED BY

RULE 13a-14(b) OF THE SECURITIES EXCHANGE ACT OF 1934

I, Nicholas J. Venuto, Chief Financial Officer of Nanogen, Inc., a Delaware corporation (the Company), hereby certify that, based on my knowledge:



|(1) | The Companys Annual Report on Form 10-K for the year ended December 31, 2007 (the Report) fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934, as amended; and
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------

March 31, 2008



/s/    NICHOLAS J. VENUTONicholas J. Venuto Chief Financial
Officer
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           7,016
<SECURITIES>                                         0
<RECEIVABLES>                                   52,703
<ALLOWANCES>                                     (734)
<INVENTORY>                                     43,318
<CURRENT-ASSETS>                               105,361
<PP&E>                                          44,877
<DEPRECIATION>                                (22,609)
<TOTAL-ASSETS>                                 388,821
<CURRENT-LIABILITIES>                           37,439
<BONDS>                                        274,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                      22,613
<TOTAL-LIABILITY-AND-EQUITY>                   388,821
<SALES>                                        275,833
<TOTAL-REVENUES>                               275,833
<CGS>                                          180,453
<TOTAL-COSTS>                                  180,453
<OTHER-EXPENSES>                                53,056
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              32,994
<INCOME-PRETAX>                                 10,026
<INCOME-TAX>                                   (3,072)
<INCOME-CONTINUING>                             13,098
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    13,098
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
UN PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12

- 7 934

UNITED STATES OF AMERICA ,

P laintiff

- Appellee ,

v.

WILLIE JEROME MACKINS ,

Defendant

- Appellant

.

Appeal from the United States District Court for the West ern District of North Carolina , at Charlotte

. Max O. Cogburn, Jr. , District Judge. ( 3:97

- cr - 00022

- MOC

- 4 )

Submitted : February 26 , 2013 Decided: March 1, 2013

Before MOTZ, WYNN , and DIAZ , Circuit Judges.

Affirm ed by un published per curiam opinion

.

Willie Jerome Mackins , Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville , North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2

PER CURIAM:

Willie Jerome Mackins appeals the district cour t ’ s

order denying his 18 U.S.C. § 3582(c)(2) (2006) motion for

sentence reduction . We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. United States v. Mackins , No. 3:97

- cr 00022

- MOC

- 4 (W.D.N.C. Oct. 17, 2012) . We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before th is court and argument would
not aid the decisional process.

AFFIRMED
1... See Tex. R. App. P. 47.4.

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-09-107-CV

IN THE INTEREST OF I.M., K.M., A.M., AND M.M., CHILDREN

----------

FROM THE 323RD DISTRICT COURT OF TARRANT COUNTY

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

MEMORANDUM OPINION1 AND JUDGMENT

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

On April 15, 2009, we notified appellant T.N., in accordance with rule of

appellate procedure 42.3(c), that we would dismiss this appeal unless the $175

filing fee was paid. See Tex. R. App. P. 42.3(c). On June 25, 2009, we also

notified the parties that the appeal of T.N. could be dismissed for want of

prosecution unless by July 6, 2009, T.N. or any party desiring to continue the

appeal filed with the court a response informing this court that T.N. desired to

continue her appeal.
2

Because we have received no response to either letter, we dismiss the

appeal for want of prosecution. See Tex. R. App. P. 42.3(c), 43.2(f).

PER CURIAM

PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.

DELIVERED: July 16, 2009
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  Exhibit 4.6    
    








  


 




Alberta
Securities Commission 


Dear
Sirs/Mesdames: 


Re: TransCanada PipeLines Limited (the "Company")



We
refer to the short form base shelf prospectus of the above Company dated December 23, 2015 (the "Prospectus") relating to the offer and issue of up to US $4,000,000,000 or the
equivalent in other currencies of unsecured debt securities of the Company. 


We
consent to being named and to the use, through incorporation by reference in the above-mentioned Prospectus, of our report dated February 12, 2015 to the shareholder of the Company on the
following consolidated financial statements: 



Consolidated
balance sheets as at December 31, 2014 and December 31, 2013, 



Consolidated
statements of income, cash flows, comprehensive income, and equity for each of the years in the three-year period ended December 31, 2014, and 


notes,
comprising a summary of significant accounting policies and other explanatory information. 




We
report that we have read the Prospectus and all information specifically incorporated by reference therein and have no reason to believe that there are any misrepresentations in the information
contained therein that are derived from the consolidated financial statements upon which we have reported or that are within our knowledge as a result of our audit of such consolidated financial
statements. We have complied with Canadian generally accepted standards for an auditor's consent to the use of a report of the auditor included in an offering document, which does not constitute an
audit or review of the Prospectus as these terms are described in the CPA Canada Handbook — Assurance. 


 





Yours
very truly, 




  


Chartered
Professional Accountants 


December 23,
2015

Calgary, Canada 






 

 






			
	 	 	KPMG LLP is a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative ("KPMG International"), a Swiss entity.

KPMG Canada provides services to KPMG LLP.
	

 	
 	
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Exhibit 4.6