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

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20

- 1632

THEOPHILUS AGEDAH , Petitioner ,

v.

MERRICK B. GARLAND , Attorney General , Respondent

.

On Petition for Review of an Order of the Board of Immigration Appeals

.

Submitted : May 25, 2021 Decided: June 4, 2021

Before NIEMEYER, MOTZ, and RUSHING , Circuit Judges.

Petition d ismissed by un published per curiam opinion

.

Theophilus Agedah , Petitioner Pro Se

. Nicole Joann Thomas

- Dorris , Office of Immigration Litigation , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Theophilus Agedah, a native and citizen of Nigeria, peti tions for review of the order of the Board of Immigration Appeals denying his motions for remand, reconsideration, and stay of removal. This court’s review is limited to issues raised in the informal brief. In his informal brief, Agedah fails to challeng e the Board’s resolution of his motions. Thus, we

will not review the Board’s order. See 4th Cir. R. 34(b); Jackson v. Lightsey , 775 F.3d 170, 177 (4th Cir. 2014). Because our review is limited to final orders of removal, we lack jurisdiction to conside r any bond determination or Agedah’s continued detention in the

first instance. 8 U.S.C. § 1252(a)(1). Accordingly, we dismiss the petition for review. 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.

PETITION DISMISSED
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

April 12, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-11449

Darex, LLC: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions

_04.15.19.pdf.

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation.

Sincerely,

Stephen P. Vaughn

General Counsel
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DIANNA MONTEZ, on behalf of herself 

and all others similarly situated, 

Plaintiff-Appellant, 

 v. 

CHASE HOME FINANCE, LLC; 

JPMORGAN CHASE & CO.,

Defendants-Appellees.

No. 16-55226

D.C. No. 

3:11-cv-00530-JLS-MDD

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Janis L. Sammartino, District Judge, Presiding

Submission Deferred December 7, 2017**

Resubmitted January 29, 2018

Pasadena, California

Before: REINHARDT and NGUYEN, Circuit Judges, and BLOCK,*** District 

Judge.

 * 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). *** The Honorable Frederic Block, United States Senior District Judge for 

the Eastern District of New York, sitting by designation.

FILED

JAN 29 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 16-55226

Dianna Montez seeks review of the district court’s order dismissing her 

Second Amended Complaint with leave to amend. However, we lack jurisdiction 

to review that order because it was not a final decision that ended the litigation on 

the merits. See 28 U.S.C. § 1291; Lovell v. Chandler, 303 F.3d 1039, 1047 (9th 

Cir. 2002). Moreover, the order did not merge into the district court’s final order 

dismissing for failure to prosecute. See Al-Torki v. Kaempen, 78 F.3d 1381, 1386 

(9th Cir. 1996) (holding that dismissal for failure to prosecute “forfeits a litigant’s 

right to appeal interlocutory orders prior to judgment”). We therefore decline to 

consider Montez’s challenge to the district court’s dismissal with leave to amend.

Although we have jurisdiction to review the dismissal for failure to 

prosecute, Montez has forfeited any challenge to it. See Sharemaster v. SEC, 847 

F.3d 1059, 1070 (9th Cir. 2017) (“Ordinarily, we will not consider ‘matters on 

appeal that are not specifically and distinctly argued in appellant’s opening brief.’” 

(quoting United States v. Ullah, 976 F.2d 509, 514 (9th Cir. 1992))).

We have carefully considered Montez’s remaining arguments, including her 

claim of judicial bias, and hold that they are without merit. 

AFFIRMED.
II 

117TH CONGRESS 

2D SESSION S. 3958 

To amend the Trade Facilitation and Trade Enforcement Act of 2015 to 

modify the description of interest for purposes of certain distributions 

of antidumping duties and countervailing duties. 

IN THE SENATE OF THE UNITED STATES 

MARCH 30, 2022 

Mr. TESTER (for himself, Mr. CASSIDY, Mr. GRASSLEY, and Mr. THUNE) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Trade Facilitation and Trade Enforcement 

Act of 2015 to modify the description of interest for 

purposes of certain distributions of antidumping duties 

and countervailing duties. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘China Trade Cheating 

5 Restitution Act of 2022’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 3958 IS

1 SEC. 2. MODIFICATION OF DESCRIPTION OF INTEREST FOR 

2 PURPOSES OF CERTAIN DISTRIBUTIONS OF 

3 ANTIDUMPING DUTIES AND COUNTER4 VAILING DUTIES. 

5 Section 605(c)(1) of the Trade Facilitation and 

6 Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) 

7 is amended by striking ‘‘October 1, 2014’’ and inserting 

8 ‘‘October 1, 2000’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

ALEJANDRO HERNANDEZ

, Ap p ellant,

v.

ALBERTO ENRIQUE HERNANDEZ AND REYNAL DO AARON MORALES

, Appellee

. §

§

§

§

§

§ No. 08

- 19

- 00091

- CV

Appeal from the

County Court at Law No 3

of El Paso County, Texas

(TC#2018

- CCV01804)



### O R D E R

The Court on its own motion ORDERS the County Clerk of El Paso County, Texas, to

prepare a supplemental clerk’s record to include the Application for Temporary Restraining Order

and Temporary Injunction filed January 8, 2019 . The supplemental clerk’s record is due with this

Court on or before January 28, 2020.

IT IS SO ORDERED THIS 21ST DAY OF JANUARY, 2020.

PER CURIAM

Before Alley, C.J., Rodriguez, and Palafox, JJ.
[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Notices]
[Page 2581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-493]



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

DEPARTMENT OF ENERGY
[Docket No. RP95-101-000]


K N Interstate Gas Transmission Co., Notice of Request for Waiver 
of Tariff Provisions

January 4, 1995
    Take notice that on December 23, 1994, K N Interstate Gas 
Transmission Co. (KNI), tendered filing a request for temporary waiver 
of Sections 27 and 28 of KNI's FERC Gas Tariff, Second Revised Volume 
No. 1-B, and Section 31 of the KNI's First Revised Volume No. 1-D.
    KNI is requesting waiver to allow KNI to defer making the 
reconciliation filings and refunds required thereunder until such time 
as the fixed cost allocated to the interruptible transportation (IT) 
rate is established and the methodology for crediting revenues from the 
storage service has been established.
    KNI requests that the Commission grant a temporary waiver of the 
compliance with Sections 27, 28, and 31 of its FERC Gas Tariff 
concerning crediting of excess storage and IT revenue until such time 
as the Commission has ruled on the proposed S&A filed by KNI in Docket 
No. RP94-93-000. KNI proposes to file a reconciliation pursuant to 
Sections 27, 28, and 31 within 30 days after the Commission has issued 
a final order on the S&A.
    Any person desiring to be heard or to protest said filing should 
file a petition to intervene or protest with the Federal Energy 
Regulatory Commission, 825 North Capitol Street, N.E., Washington, D.C. 
20426, in accordance with Rules 211 and 214 of the Commission's Rules 
of Practice and Procedure. All such petitions or protests should be 
filed on or before January 11, 1995. Protests will be considered by the 
Commission in determining the appropriate action to be taken, but will 
not serve to make protestants parties to the proceeding. Any person 
wishing to become a party must file a motion to intervene. Copies of 
this filing are on file with the Commission and are available for 
public inspection.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 95-493 Filed 1-9-95; 8:45 am]
BILLING CODE 6717-01-M
[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Notices]
[Pages 10613-10614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4668]



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


NATIONAL SCIENCE FOUNDATION

Special Emphasis in Biological Sciences; Notice of Meetings

    In accordance with the Federal Advisory Committee Act (Pub. L. 643, 
as amended), the National Science Foundation announces the following 
meeting of the Special Emphasis Panel in Biological Sciences (1754).

    Date and Time: March 16, 17, 1995; 8:30 a.m. to 6:00 p.m.
    Place: National Science Foundation, 4201 Wilson Boulevard, 
Arlington, Virginia 22230, Conference Room 390.
    Type of Meeting: Closed.
    Closed: March 16, 17, 1995; 8:30 a.m. to 6:00 p.m.
    Contact Persons: Dr. David Capco or Dr. Marcia Steinberg, 
National Science [[Page 10614]] Foundation, Room 655 South-
Arlington, Virginia 22230, Telephone: 703/306-1442 or 306-1443.
    Purpose of Advisory Panel: To provide advice and recommendations 
concerning support for research for women in Molecular and Cellular 
Buosciences.
    Agenda: To review and evaluate Research Planning and Career 
Advancement proposals for Women Scientists and Engineers as part of 
the selection process for awards.
    Reason for Closing: The proposals being reviewed include 
information of a proprietary or confidential nature, including 
technical information; financial data, such as salaries and personal 
information; concerning individuals associated with the proposals. 
These matters are with exemption (4) and (6) of 5 U.S.C. 522(c), 
Government in the Sunshine Act.

    Dated: February 21, 1995.
[FR Doc. 95-4668 Filed 2-24-95; 8:45 am]
BILLING CODE 7555-01-M
##### 



EXHIBIT 32.1

CERTIFICATION OF PRESIDENT & CHIEF
EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C.
SECTION 1350(a)


In connection with the accompanying Annual Report
on Form 10-K of USF Corporation for the year ended
December 31, 2003, I, Richard P. DiStasio,
President & Chief Executive Officer of USF Corporation,
hereby certify pursuant to 18 U.S.C. Section 1350(a),
as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, to the best of my knowledge and belief, that:



| |                                                                                                                                                                                                                                    
| | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (1) such Annual Report on Form 10-K for
    the year ended December 31, 2003, 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 such Annual
    Report on Form 10-K for the year ended December 31,
    2003, fairly presents, in all material respects, the financial
    condition and results of operations of USF Corporation.

A signed original of this written statement
required by Section 906 has been provided to USF
Corporation and will be retained by USF Corporation and
furnished to the Securities and Exchange Commission or its staff
upon request.



| |                                        
| | ---------------------------------------
| | /s/ RICHARD P. DISTASIO                
| |                                        
| | Richard P. DiStasio                    
| | President & Chief Executive
    Officer

Date: March 9, 2004
#### EDGAR R. CLAPP, Administrator c. *t.*a. of the Estate of ELLA CLAPP THOMPSON, Deceased, v. MARSHALL F. MILLS and VICTOR MICA COMPANY.

(Filed 15 October, 1947.)

Frauds, Statute of, § 1—

In an action to recover royalties on minerals mined, allegations that the individual defendant executed a written mining lease or contract, and that the corporate defendant was a silent partner and shared in the profits under the lease, is sufficient as against demurrer to allege liability on the part of the corporate defendant for obligations incurred 'under the contract.

Appeal by plaintiff from *Clement, J.,*at July Term, 1947, of Mitchell.

Beversed.

Suit to recover royalties on minerals mined. Demurrer by defendant Yictor Mica Corporation was sustained, and plaintiff appealed.

*Charles Hutchins and W. C. Berry for plaintiff, appellant.*

*Proctor & Dameron and McBee & McBee for Victor Mica Company, appellee.*

DbviN, J.

Plaintiff alleged a cause of action against tbe defendant Mills under a written mining lease or contract, and also alleged that-tbe corporate defendant “was a silent partner witb its co-defendant Mills,” and shared in tbe profits under tbe lease. We tbink this allegation sufficient to import liability on tbe part of tbe corporate defendant for obligations incurred under tbe contract sued on, and to withstand a demurrer. *Winston v. Lumber Co.,*227 N. C., 339, 42 S. E. (2d), 218;. *Blackmore v. Winders,*144 N. C., 212, 56 S. E., 874.

Tbe judgment sustaining tbe demurrer is

Beversed.
EXHIBIT 32.2

       CERTIFICATION OF CHIEF FINANCIAL OFFICER 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 NASB Financial, Inc. (the
"Company") on Form 10-Q for the period ending May 31, 2007, as filed
with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Rhonda Nyhus, Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 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; and

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


May 9, 2007                 By:  /s/ Rhonda Nyhus
                                 Rhonda Nyhus
                                 Vice President and Treasurer


A signed original of this written statement required by Section 906 has
been provided to NASB Financial, Inc. and will be retained by NASB
Financial, Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.



This certification is made solely for purpose of 18 U.S.C. Section
1350, subject to the knowledge standard contained therein , and not for
any other purpose.

<Page>
[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8069-8070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03098]


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

FEDERAL DEPOSIT INSURANCE CORPORATION


Notice to All Interested Parties of the Termination of the 
Receivership of 10325, First Commercial Bank of Florida, Orlando, FL

    Notice is hereby given that the Federal Deposit Insurance 
Corporation (``FDIC'')

[[Page 8070]]

as Receiver for First Commercial Bank of Florida, Orlando, FL (``the 
Receiver'') intends to terminate its receivership for said institution. 
The FDIC was appointed receiver of First Commercial Bank of Florida on 
January 7, 2011. The liquidation of the receivership assets has been 
completed. To the extent permitted by available funds and in accordance 
with law, the Receiver will be making a final dividend payment to 
proven creditors.
    Based upon the foregoing, the Receiver has determined that the 
continued existence of the receivership will serve no useful purpose. 
Consequently, notice is given that the receivership shall be 
terminated, to be effective no sooner than thirty days after the date 
of this Notice. If any person wishes to comment concerning the 
termination of the receivership, such comment must be made in writing 
and sent within thirty days of the date of this Notice to: Federal 
Deposit Insurance Corporation, Division of Resolutions and 
Receiverships, Attention: Receivership Oversight Department 32.1, 1601 
Bryan Street, Dallas, TX 75201.
    No comments concerning the termination of this receivership will be 
considered which are not sent within this time frame.

    Dated: February 10, 2016.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2016-03098 Filed 2-16-16; 8:45 am]
 BILLING CODE 6714-01-P
<PAGE>   1
                                                                    Exhibit 23.2


                       CONSENT OF INDEPENDENT ACCOUNTANTS

The undersigned hereby consents to the inclusion as an exhibit to this Annual
Report on Form 10-K for the year ended January 31, 1998 of our report dated
February 26, 1998, on our audits of the statements of net assets available for
benefits of the United Retail Group Retirement Savings Plan (the "Plan") as of
December 31, 1997 and 1996, and the related statements of changes in net assets
available for benefits for each of the years then ended.

The undersigned also hereby consents to the incorporation of such report by
reference in the Registration Statement on Form S-8 of United Retail Group, Inc.
(The "Company") with respect to the Plan and its investment in shares of common
stock of the Company.


                                            ARY, EARMAN AND ROEPCKE

Columbus, Ohio
April 15, 1998
EXHIBIT 32.1

Certification of Chief Executive Officer

Pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to

to Section 906 of the Sarbanes-Oxley Act of 2002

The undersigned, the Chief Executive Officer of SAVVIS, Inc. (the Company), hereby certifies that, to his knowledge on the date hereof:



|(a) | the quarterly report on Form 10-Q for the quarterly period ended March 31, 2007, filed on the date hereof with the Securities and Exchange Commission (the Report) fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934: and
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|                  |  |     |  |                        
|----------------- |  | --- |  | -----------------------
|Date: May 1, 2007 |  | By: |  | /s/ Philip J. Koen     
|                  |  |     |  | Philip J. Koen         
|                  |  |     |  | Chief Executive Officer



37
[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Notices]
[Page 10080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4469]



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

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5158-9]
RIN-2060-AE61


Federal Radiation Protection Guidance for Exposure of the General 
Public

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Notice of extension of comment period for proposed 
recommendations.

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

SUMMARY: In response to several requests, EPA is extending the comment 
period for thirty (30) days on the proposed recommendations for the new 
guidance to Federal agencies in their formulation of regulations and 
conduct of programs for the protection of the general public from 
exposure to ionizing radiation.

DATES: The comment period originally given in the previous notice on 
Friday, December 23, 1994 (59 FR 66414), has been extended for thirty 
(30) days. Written comments in response to this notice must be received 
on or before March 31, 1995, to be ensured full consideration.

ADDRESSES: Written comments (in duplicate) should be submitted to: 
Central Docket Section (6102J), Room M1500 at Waterside Mall, Attn: 
Docket No. A-83-41, U.S. Environmental Protection Agency, Washington, 
DC 20460. The docket section is open to the public between 8:00 am to 
5:00 pm on weekdays.

FOR FURTHER INFORMATION CONTACT: Allan C.B. Richardson, Deputy Director 
for Federal Guidance, or Eleanor Thornton, Program Analyst, Criteria 
and Standards Division, Office of Radiation and Indoor Air (6602J), 
U.S. EPA, Washington, DC 20460, telephone (202) 233-9213; FAX (202) 
233-9629 concerning this extension.

SUPPLEMENTARY INFORMATION: This notice does not effect the public 
hearing dates as noted in the previous notice issued December 23, 1994, 
(59 FR 66414). All other aspects of this rulemaking remains the same.

    Dated: February 15, 1995.
Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 95-4469 Filed 2-22-95; 8:45 am]
BILLING CODE 6560-50-P
**Exhibit 31.3**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT**

**TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Leland F. Wilson, Chief Executive Officer, certify that:

 

1.                                      I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of VIVUS, Inc. for the year ended December 31, 2012; and

 

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 report.

 
| Date:   April 30, 2013 |                      |
|-----------------------------|---------------------------|
|                        |                      |
| By:                         | /s/   LELAND F. WILSON    |   |
| Name:                       | Leland   F. Wilson        |   |
| Title:                      | *Chief Executive Officer* | * * |

 

----