alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Notices]
[Page 50159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23556]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. DEA-392]


Bulk Manufacturer of Controlled Substances Application: Euticals 
Inc.

ACTION: Notice of application.

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

DATES: Registered bulk manufacturers of the affected basic classes, and 
applicants therefore, may file written comments on or objections to the 
issuance of the proposed registration on or before December 29, 2017.

ADDRESSES: Written comments should be sent to: Drug Enforcement 
Administration, Attention: DEA Federal Register Representative/DRW, 
8701 Morrissette Drive, Springfield, Virginia 22152. Comments and 
requests for hearings on applications to import raw material are not 
appropriate. 72 FR 3417 (January 25, 2007).

SUPPLEMENTARY INFORMATION: The Attorney General has delegated his 
authority under the Controlled Substances Act to the Administrator of 
the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority 
to exercise all necessary functions with respect to the promulgation 
and implementation of 21 CFR part 1301, incident to the registration of 
manufacturers, distributors, dispensers, importers, and exporters of 
controlled substances (other than final orders in connection with 
suspension, denial, or revocation of registration) has been redelegated 
to the Assistant Administrator of the DEA Diversion Control Division 
(``Assistant Administrator'') pursuant to section 7 of 28 CFR part 0, 
appendix to subpart R.
    In accordance with 21 CFR 1301.33(a), this is notice that on June 
20, 2017, Euticals, Inc., 2460 W. Bennett Street, Springfield, Missouri 
65807-1229 applied to be registered as a bulk manufacturer the 
following basic classes of controlled substances:

------------------------------------------------------------------------
           Controlled substance               Drug code       Schedule
------------------------------------------------------------------------
Gamma Hydroxybutyric Acid................            2010  I
Amphetamine..............................            1100  II
Lisdexamfetamine.........................            1205  II
Methylphenidate..........................            1724  II
Phenylacetone............................            8501  II
Methadone................................            9250  II
Methadone intermediate...................            9254  II
Tapentadol...............................            9780  II
------------------------------------------------------------------------

    The company plans to manufacture the listed controlled substances 
in bulk for distribution and sale to its customers.

    Dated: October 17, 2017.
Demetra Ashley,
Acting Assistant Administrator.
[FR Doc. 2017-23556 Filed 10-27-17; 8:45 am]
BILLING CODE 4410-09-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. 07-31055 Conference Calendar

RUSSELL HEWITT Plaintiff-Appellant

v. ROBERT HENDERSON; NATHAN CAIN; JOLENE CONSTANCE; ROBERT COLQUETTE; LINDA RAMSAY Defendants-Appellees

Appeal from the United States District Court for the Western District of Louisiana USDC No. 2:07-CV-839
Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM: * Russell Hewitt, Louisiana prisoner # 331926, has filed a motion for leave to proceed in forma pauperis (IFP) on appeal. The district court dismissed Hewitt’s 42 U.S.C. § 1983 complaint for failure to state a claim because he did
not demonstrate that the prison regulations that he challenged impinged unreasonably on his right to exercise his religion. The district court denied Hewitt’s motion for leave to proceed IFP on appeal and certified that the appeal United States Court of Appeals

Fifth Circuit 

### F I L E D August 19, 2008 Charles R. Fulbruge III ClerkNo. 07-31055

2 was not taken in good faith. By moving for leave to proceed IFP on appeal, Hewitt is challenging the district court’s certification. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). Hewitt does not address the district court’s reasons for dismissing his § 1983 complaint. Failure to identify any error in the district court’s analysis is the same as if the appellant had not appealed the judgment. B rinkmann v. Dallas County Deputy Sheriff Abner, 813 F. 2d 744, 748 (5th Cir. 1987). Although pro se briefs are liberally construed, even pro se litigants must brief arguments in order to preserve them. Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993). Accordingly, in light of his failure to challenge the reasons for the district court’s certification decision, Hewitt’sclaimsare deemed abandoned. See Brinkmann, 813 F.2d at 748. Hewitt has not shown that the district court’s certification that an appeal would not be taken in good faith was incorrect. The instant appeal is without arguable merit and is thus frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Accordingly, Hewitt’s request for IFP is denied, and his appeal is dismissed. See Baugh, 117 F.3d at 202, n.24; 5 TH C IR
. R. 42.2. Hewitt is cautioned that the dismissal of his § 1983 suit by the district court pursuant to 28 U.S.C. § 1915(e)(2)(B) and our dismissal ofthis appeal as frivolous both count
as strikes under § 1915(g). SeeAdepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). Hewitt is also cautioned that if he accumulates three strikes under § 1915(g), he may not proceed IFP in any civil action or appeal filed while he is incarcerated or detained in any facility unless he “is under imminent danger of serious physical injury.” § 1915(g). IFP MOTION DENIED; APPEAL DISMISSED; SANCTION WARNING ISSUED.
[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Notices]
[Page 49651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23238]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3392-EM; Docket ID FEMA-2017-0001]


Louisiana; Amendment No. 2 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for 
the State of Louisiana (FEMA-3392-EM), dated October 6, 2017, and 
related determinations.

DATES: This amendment was issued October 13, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and 
Recovery, Federal Emergency Management Agency, 500 C Street SW., 
Washington, DC 20472, (202) 646-2833.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident 
period for this emergency is closed effective October 8, 2017.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 
97.033, Disaster Legal Services; 97.034, Disaster Unemployment 
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, 
Disaster Housing Assistance to Individuals and Households In 
Presidentially Declared Disaster Areas; 97.049, Presidentially 
Declared Disaster Assistance--Disaster Housing Operations for 
Individuals and Households; 97.050 Presidentially Declared Disaster 
Assistance to Individuals and Households--Other Needs; 97.036, 
Disaster Grants--Public Assistance (Presidentially Declared 
Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-23238 Filed 10-25-17; 8:45 am]
 BILLING CODE 9111-23-P
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

___________________________

No. 02

- 21

- 00255

- CV

___________________________

On Appeal from the 6 7th District Court

Tarrant County, Texas

Trial Court No. 067

- 320393

- 20

Before Bassel, Womack, and Wallach, JJ.

Per Curiam Memorandum Opinion 

### J ON 

### P. R OMER



### , J R



### . , Appellant

V



### .

C ITY OF 

### F ORT 

### W ORTH



### , T EXAS 

### ; AND 

### C ITY OF 

### F ORT 

### W ORTH 

### C IVIL



### S ERVICE 

### C O MMISSION 

### , Appellees2 MEMORANDUM OPINION AND JUDGMENT

We have considered “Appellant ’ s Motion to Dismiss Appeal

, ” which is

unopposed. We grant the motion and dismiss the appeal. See Tex. R. App. P.

42.1(a)(1), 43.2(f).

Each party must bear its own costs of appeal. See Tex. R. App. P. 42.1(d), 43.4.

Per Curiam

Delivered : February 10, 2022
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

OCTOBER 21, 2005

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 05-11804

Non-Argument Calendar

________________________

D. C. Docket No. 00-06022-CR-DMM

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

versus 

CHARLES LLEWLYN, 

a.k.a. Charles Llewylin, 

Defendant-Appellant. 

________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(October 21, 2005)

Before TJOFLAT, DUBINA and BARKETT, Circuit Judges.

PER CURIAM:

Charles Llewlyn (“Llewlyn”), a federal prisoner proceeding pro se, appeals

the district court’s denial of his motion to dismiss his indictment, filed pursuant to
2

Fed.R.Crim.P. 12(b). On March 7, 2005, Llewlyn, proceeding pro se, filed a

“Nunc Pro Tunc Motion to Dismiss Indictment Pursuant to Fed.R.Crim.P. 6(f) &

12(b), et. seq.,” asserting various defects in his indictment.

In the instant case, Llewlyn is using Fed.R.Crim.P. 12(b) to attack his

conviction and sentence after this court affirmed this conviction and sentence on

direct appeal, and his § 2255 motion was unsuccessful. Because Llewlyn’s motion

was the functional equivalent of a successive motion to vacate, within the meaning

of § 2244(b)(3)(A), and because he never obtained leave to file a successive

motion, it was subject to dismissal for lack of jurisdiction. Felker, 101 F.3d

660-61; see also 28 U.S.C. § 2244(b)(requiring the dismissal of successive

petitions for which no leave is obtained). As such, we vacate the judgment of the

district court and remand with instructions to dismiss for lack of jurisdiction.

VACATED AND REMANDED.
#### Queens Office Tower Associates et al., Appellants, v General Mills Restaurant, Inc., Doing Business as Red Lobster, et al., Respondents.

[665 NYS2d 894]

—Order, Supreme Court, New York County (Carol Arber, J.), entered on or about August 20, 1996, which, upon reargument, granted defendants’ motions for summary judgment dismissing the complaint as barred by release, unanimously modified, on the law, to reinstate the complaint as against defendant Liberty Mutual Insurance Company, and otherwise affirmed, without costs.

The underlying action arises out of a slip and fall on the sidewalk outside the restaurant owned by defendant General Mills Restaurant, Inc., doing business as Red Lobster, which had leased the premises from plaintiff Queens Office Tower Associates. This action seeks, *inter alia,*a declaration that, under the lease, General Mills and its insurer, defendant Liberty, owed Queens Office a duty to defend it in the underlying action and to indemnify it and its insurer, plaintiff Landmark, for the cost of the defense and the amount paid in settlement. While *172the motion court properly granted summary judgment dismissing the complaint to the extent of any claims asserted against General Mills based on the stipulation entered into between the parties in the underlying action, summary judgment should not have been granted with respect to the claim of Landmark insofar as it seeks a declaration against Liberty Mutual with respect to Liberty’s coverage and defense obligations to Queens Office as an additional insured under the Liberty policy. The record raises factual issues in this regard, and thus neither Landmark nor Liberty established an entitlement to summary judgment. Concur—Ellerin, J. P., Williams, Tom and Mazzarelli, JJ.
#### Cory Anthony SIMPSON, Plaintiff—Appellant, v. Officer KAPELUCK; C.J. Howell, Officer, Defendants—Appellees.

No. 10-6740.

United States Court of Appeals, Fourth Circuit.

Submitted: Nov. 18, 2010.

Decided: Nov. 30, 2010.

Cory Anthony Simpson, Appellant Pro Se. Michael Deering Mullins, Steptoe & Johnson, L.L.P., Charleston, West Virginia, for Appellees.

Before SHEDD and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Cory Anthony Simpson appeals the district court’s order declining to accept the magistrate judge’s recommendation to dismiss his 42 U.S.C. § 1983 (2006) complaint for failure to prosecute, and granting Defendants’ motion for summary judgment on the merits of the action. We have reviewed the record and find no reversible *804error. Accordingly, we affirm for the reasons stated by the district court. *Simpson v. Kapeluck,*No. 2:09-cv-00021, 2010 WL 1981099 (S.D.W.Va. May 14, 2010). We further deny Simpson’s motion for appointment of counsel. 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.
#### UNITED STATES of America, Plaintiff—Appellee, v. Michael Anthony PETERS, Defendant—Appellant.

No. 09-30388.

United States Court of Appeals, Ninth Circuit.

*212Submitted Oct. 19, 2010.*

Filed Oct. 29, 2010.

Carl E. Rostad, Office of the U.S. Attorney, Great Falls, MT, for Plaintiff-Appel-lee.

Daniel Donovan, Esquire, Thompson, Potts & Donovan, P.C., Great Falls, MT, for Defendant-Appellant.

Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Michael Anthony Peters appeals from his 120-month mandatory minimum sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute heroin, in violation of 21 U.S.C. §§ 841(b)(1)(B) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Peters contends that his mandatory minimum sentence is substantively unreasonable because it is greater than necessary under 18 U.S.C. § 3553(a). Peters’s contention is foreclosed. *United States v. Wipf,*620 F.3d 1168, 1170-71 (9th Cir.2010) (Section 3553 does not authorize a court to impose a sentence below the mandatory statutory minimum.).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
#### UNITED STATES of America, Plaintiff-Appellee v. Ricardo HERNANDEZ-AGUILERA, also known as Ricardo Hernandez-Aguilara, Defendant-Appellant.

No. 10-40571

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 19, 2011.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

*371Marjorie A. Meyers, Federal Public Defender, Sarah Beth Landau, Assistant Federal Public Defender, Margaret Christina Ling, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Ricardo Hernandez-Aguilera (Hernandez) has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir.2011). Hernandez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
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        Search Home > News Articles > FMC Announces Hearing on Shipping Conditions in the Red Sea

FMC Announces Hearing on Shipping Conditions in the Red Sea


Posted on:


January 12, 2024 The Federal Maritime Commission will hold an informal public hearing on February 7, 2024, to examine how conditions in the Red Sea and Gulf of Aden regions are impacting commercial shipping and global supply chains. The hearing will allow stakeholders in the supply chain to communicate with the Commission how operations have been disrupted by attacks on commercial shipping emanating from Yemen, steps taken in response to these events, and the resulting effects.  In addition, the hearing will allow the Commission to gather information and identify any new issues related to these disruptions subject to Commission statutes, such as implementing contingency fees and surcharges. Interested parties can request to be considered as a participant or share information and comments by a written submission to the Commission at Secretary@FMC.gov until January 31, 2024. Panels and participants will be announced at a later date and are intended to include representatives of vessel-operating common carriers and shippers. Participants must present in person; there will be no virtual option for presenters. The hearing is scheduled for Wednesday, February 7, 2024, and will be held in the Surface Transportation Board Hearing Room located at 395 E Street, SW, Washington, D.C. 20423.  It will be livestreamed for those unable to attend in person. Hearing logistics will be provided in a future announcement.
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----

Exhibit 32.1 

Section 1350 Certifications 

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

        In connection withthe Annual Report of China Marketing Media Holdings, Inc. (the "Company") onForm 10-KSB/A for the period ended December 31, 2006 as filed with theSecurities and Exchange Commission on the date hereof (the "Report"), I,Yingsheng Li, the Chief Executive Officer and President of the Company, certify,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-OxleyAct of 2002, that: 

(1)     The Report fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934; and 

(2)     The information containedin the Report fairly presents, in all material respects, the financial conditionand result of operations of the Company. 

Date: December 20, 2007 

By: /s/ Yingsheng Li         Name: Yingsheng Li Title: Chief Executive Officer and President (Principal Executive Officer) 

----
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$ 18488k

W 08 2015

4&eMcosta,Ctem
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 2, 2013

NO. 03-13-00125-CV

Federal National Mortgage Association, Appellant

v.

Gerald R. Haddox and Sharon Haddox, and All Other Occupants, Appellees

APPEAL FROM COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE JONES, JUSTICES PEMBERTON AND FIELD

DISMISSED ON APPELLANT’S MOTION -- OPINION BY CHIEF JUSTICE JONES 

THIS DAY came on to be submitted to this Court appellant’s motion to dismiss the appeal in the 

above cause, and the Court having fully considered said motion, and being of the opinion that 

same should be granted: IT IS THEREFORE considered, adjudged and ordered that said 

motion is granted, and that the appeal is dismissed. It is FURTHER ordered that the appellant

pay all costs relating to this appeal, both in this Court and the court below; and that this decision 

be certified below for observance.
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RECEIVED

MAY 15 2015

COURT OF APPEALS

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Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (Nos. 33-85272, 33-94972, 333-87715, 333-39129,
333-41954, 333-54010, 333-59859, 333-63156, 333-100094, 333-119799 and 333-113683) and the Registration Statement on Form S-3 (Nos. 333-111527 and 333-86072) of Mattson
Technology, Inc. of our report dated March 23, 2005, relating to the financial statements, financial statement schedule, management's assessment of the effectiveness of internal control
over financial reporting and the effectiveness of internal control over financial reporting, which appears in this Form 10-K.

/s/PRICEWATERHOUSECOOPERS LLP

San
Jose, California
March 23, 2005

---



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