alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ROGER YOUNG,

Petitioner, 

v.

CINDI CURTIN, 

Respondent. 

/

Case Number: 09-CV-11063

Honorable Victoria A. Roberts 

OPINION AND ORDER OF SUMMARY DISMISSAL WITHOUT PREJUDICE

This is a habeas case under 28 U.S.C. § 2254. Petitioner Roger Young, a Michigan state

inmate currently incarcerated at the Oaks Correctional Facility in Manistee, Michigan, filed a

pro se “Petition for Writ of Habeas Corpus” [dkt. # 1], claiming that he is incarcerated in

violation of his constitutional rights. The Court issued an “Order to Correct Deficiency” [dkt. #

3], because Petitioner failed to submit two copies of his Petition as required by Rule 3(a), Rules

Governing Section 2254 Cases. The Court required Petitioner to correct the deficiency within

twenty-one (21) days and cautioned that if Petitioner failed to correct the deficiency, the Petition

would be subject dismissal. The time for correcting the deficiency has elapsed and Petitioner

has failed to do so.

Accordingly, IT IS ORDERED that the “Petition for Writ of Habeas Corpus” [dkt. # 1]

is DISMISSED WITHOUT PREJUDICE.

2:09-cv-11063-VAR-CEB Doc # 4 Filed 05/21/09 Pg 1 of 2 Pg ID 540
2

IT IS FURTHER ORDERED that Petitioner’s ‘Motion to Appoint Counsel” [dkt. # 2]

is DISMISSED AS MOOT. 

s/Victoria A. Roberts 

Victoria A. Roberts

United States District Judge

Dated: May 21, 2009

The undersigned certifies that a copy of this

document was served on the attorneys of record

and Roger Young by electronic means or U.S.

Mail on May 21, 2009.

s/Carol A. Pinegar 

Deputy Clerk

2:09-cv-11063-VAR-CEB Doc # 4 Filed 05/21/09 Pg 2 of 2 Pg ID 541
Exhibit 31.1
 CERTIFICATION
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Quicksilver Gas Services LP;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;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.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act
Rules 13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions):
    /s/ Thomas F. DardenThomas F. DardenPresident and Chief Executive Officer
Exhibit 31.1

CERTIFICATION

I, Gregory S. Weishar, certify that:

1. I have reviewed this quarterly report on Form 10-Q of PharMerica Corporation;

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;

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. The registrants other certifying officer and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a. Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, 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 report is being prepared;

b. [Intentionally omitted]

c. Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

d. Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most
recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and

5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over
financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):

a. All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

b. Any fraud,
whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.



|                       |  |                                     
|---------------------- |  | ------------------------------------
|DATE: October 30, 2008
|                       | 
|                       |  | /s/ Gregory S. Weishar              
|                       |  | Chief Executive Officer and Director
I

104TH CONGRESS

1ST SESSION H. R. 387

To amend title 10, United States Code, to authorize the Secretary of Defense

to assign Department of Defense personnel to assist the Immigration

and Naturalization Service and the United States Customs Service perform their border protection functions.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. TRAFICANT introduced the following bill; which was referred to the

Committee on National Security

A BILL

To amend title 10, United States Code, to authorize the

Secretary of Defense to assign Department of Defense

personnel to assist the Immigration and Naturalization

Service and the United States Customs Service perform

their border protection functions.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 387 IH

1 SECTION 1. DETAIL OF DEPARTMENT OF DEFENSE PER2 SONNEL TO ASSIST IMMIGRATION AND NATU3 RALIZATION SERVICE AND CUSTOMS SERV4 ICE.

5 (a) AUTHORITY OF SECRETARY OF DEFENSE.—Sec6 tion 374 of title 10, United States Code, is amended by

7 adding at the end the following new subsection:

8 ‘‘(d)(1) During each fiscal year, the Secretary of De9 fense may make not more than 10,000 Department of De10 fense personnel available to assist—

11 ‘‘(A) at the request of the Attorney General,

12 the Immigration and Naturalization Service in pre13 venting the entry of terrorists, drug traffickers, and

14 illegal aliens into the United States; and

15 ‘‘(B) at the request of the Secretary of the

16 Treasury, the United States Customs Service in the

17 inspection of cargo, vehicles, and aircraft at points

18 of entry into the United States.

19 ‘‘(2) Section 377 of this title shall apply in the case

20 of Department of Defense personnel made available under

21 paragraph (1).’’.

22 (b) CLERICAL AMENDMENTS.—The heading of such

23 section is amended to read as follows:
3

HR 387 IH

1 ‘‘§ 374. Use of personnel to maintain and operate

2 equipment and to provide other assist3 ance

4 (2) The item relating to such section in the table of

5 sections at the beginning of chapter 18 of title 10, United

6 States Code, is amended to read as follows:

‘‘374. Use of personnel to maintain and operate equipment and to provide other

assistance.’’.

7 (c) EFFECTIVE DATE.—Subsection (d) of section 374

8 of title 10, United States Code, as added by subsection

9 (a), shall take effect on October 1, 1993.

Æ
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3939 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 3939

 To amend title 38, United States Code, to authorize the Secretary of 
   Veterans Affairs to offer a loan guaranteed by an adjustable rate 
                mortgage under chapter 37 of such title.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 1996

 Mr. Fox of Pennsylvania (for himself, Mr. Stump, Mr. Montgomery, Mr. 
 Hayworth, Mr. Weldon of Pennsylvania, Mr. Weller, Mr. Davis, Mr. Barr 
   of Georgia, Mr. Smith of New Jersey, Mr. Barrett of Nebraska, Mr. 
Flanagan, Mr. Longley, Mr. Saxton, Mr. Shadegg, Mr. Tiahrt, Mr. Forbes, 
 Mr. Spence, Mr. English of Pennsylvania, Mr. Mascara, Mr. McHale, Mr. 
Solomon, Mr. Dornan, Mr. Watts of Oklahoma, Mr. Chambliss, Mr. Norwood, 
 Mr. Stearns, Mr. Hancock, Mr. Gutknecht, Mr. Calvert, and Mr. Riggs) 
 introduced the following bill; which was referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend title 38, United States Code, to authorize the Secretary of 
   Veterans Affairs to offer a loan guaranteed by an adjustable rate 
                mortgage under chapter 37 of such title.

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

SECTION 1. AUTHORIZATION OF ADJUSTABLE RATE MORTGAGES.

    Section 3707(a) of title 38, United States Code, is amended by 
striking out ``The Secretary shall'' through ``loans'' and inserting in 
lieu thereof ``The Secretary may guarantee loans under this section''.
                                 <all>
```
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

United States of America, Case Number: 09-11638 

 Plaintiff, 

 Honorable: Patrick J. Duggan 

 Magistrate: Virginia M. Morgan 

 Claim Number: 1999A16810 

Kevin A. McKenzie, 

 Defendant, 

 

Pamela S. Ritter Kevin A. McKenzie 

Attorney for Plaintiff In Pro Per Defendant 

Holzman Ritter & Corkery PLLC. 17676 Plainview 

28366 Franklin Road Detroit, Michigan 48219 

Southfield, MI 48034 

(248) 352-4340 

usa@holzmanlaw.com

P47886 

 

ORDER FOR ENTRY OF CONSENT JUDGMENT 

WITH PARTIAL PAYMENT PROVISIONS

Upon the stipulation of Pamela S. Ritter, attorney for the United States of 

America, plaintiff herein, 

 IT IS HEREBY ORDERED that Judgment is entered in favor the United States of 

America, and against Kevin A. McKenzie, in the principal amount of $2,808.09, plus 

prejudgment interest from the date of default to date of judgment together with postjudgment interest pursuant to 28 U.S. C 1961, civil administrative costs of $40.00, and 

costs of $350.00, for a total balance of $7,271.64 owing as of May 6, 2009.

 IT IS FURTHER ORDERED that the Defendant, Kevin A. McKenzie, may satisfy 

said Judgment by making weekly payments of $20.00 via employer beginning June 15, 

2009. Payments are to continue until the full amount of the Judgment including 

damages and post judgment interest is paid in full. As long as the Defendant is in 

substantial compliance with this partial payment provision, no process shall issue for the 

enforcement of the Judgment. 

2:09-cv-11638-PJD-VMM Doc # 6 Filed 05/18/09 Pg 1 of 2 Pg ID 16
 IT IS FURTHER ORDERED that if the Defendant shall fail to make one single 

payment within ten (10) days of its due date, it will be deemed that the Defendant is not 

in substantial compliance with the partial payment provisions of this Judgment, and 

such partial payment provisions as contained herein shall be terminated and held for 

naught, and the Plaintiff may issue any process for the enforcement of this Judgment. 

 s/Patrick J. Duggan

 Patrick J. Duggan 

 United States District Judge 

Dated: May 18, 2009 

I hereby certify that a copy of the foregoing document was served upon counsel of 

record on May 18, 2009 ,by electronic and/or ordinary mail. 

 s/Marilyn Orem

 Case Manager 

2:09-cv-11638-PJD-VMM Doc # 6 Filed 05/18/09 Pg 2 of 2 Pg ID 17
Exhibit 31.2

CERTIFICATION

I, Michael J. Culotta, Executive Vice President and Chief Financial Officer of PharMerica
Corporation, certify that:

1. I have reviewed this quarterly report on Form 10-Q of PharMerica Corporation;

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;

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. The registrants other certifying officer and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a. Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, 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 report is being prepared;

b. [Intentionally omitted]

c. Evaluated the effectiveness of the registrants
disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

d. Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the
registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over
financial reporting; and

5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of
internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):

a. All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

b. Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.

DATE: August 31, 2007



/s/    MICHAEL J.
CULOTTAExecutive Vice President and Chief Financial Officer
#### Juanita MIRELES, Appellant, v. Eligio ALVAREZ, Jr., Appellee.

No. 04-89-00445-CV.

Court of Appeals of Texas, San Antonio.

April 4, 1990.

Rehearing Denied May 30, 1990.

*948C.H. Duvall, Guerra, Duvall, Ramirez & Guerra, Roma, for appellant.

Margil Sanchez, Jr., Rio Grande City, for appellee.

Before CADENA, C.J., and REEVES and BIERY, JJ.

OPINION

BIERY, Justice.

The question on appeal is whether appel-lee Eligió Alvarez Jr. should be permitted to serve as his wife’s guardian. The trial court held Mr. Alvarez’ appointment as guardian to be proper. We reverse and render.

The facts pertinent to this appeal show that Mr. Alvarez’ wife, Linda Diana Alvarez, was rendered physically and mentally incompetent as the result of injuries received in an automobile accident on August 15, 1981. Mr. Alvarez has filed a lawsuit for damages, both individually and as next friend of his wife, against parties to the accident. On October 12, 1988, Mr. Alvarez filed an application to be appointed his wife’s guardian. The application was granted. On December 16, 1988, appellant Juanita Mireles, who is Mrs. Alvarez’ mother, filed a petition seeking that Mr. Alvarez be removed as guardian and that she be named instead. The trial court denied the request. This appeal results.

When it is necessary to appoint a guardian for an adult, the ward’s spouse has preference unless disqualified. TEX. PROB.CODE ANN. § 109(c)(1) (Vernon 1980). There are six statutory grounds which disqualify a person from serving as a guardian. *Id.*at § 110. The fourth statutory ground for disqualification is stated in Subsection (d) of § 110, and holds that the following persons shall not be appointed guardians:

> Those who are themselves parties, or whose father or mother is a party to a lawsuit on the result of which the welfare of the person for whom, or for whose estate, a guardian is to be appointed, may depend.

Mr. Alvarez is party to a lawsuit on the result of which the welfare of Mrs. Alvarez may depend. Evidence before the trial court showed Mrs. Alvarez’ assets, other than an expectancy in proceeds of the lawsuit, to be very limited. We find that the statutory language calls for disqualification of Mr. Alvarez as his wife’s guardian. This statutory ground for disqualification leaves little room for interpretation and appears to be self-limiting. *See*16 DOR-SANEO TEXAS LITIGATION GUIDE § 410.02[4] (1989). We have found no cases addressing Probate Code § 110(d) as it relates to the propriety of a spouse’s serving as the guardian of his incompetent spouse when both are plaintiffs in the same lawsuit. We believe that we are constrained to follow the express language of the statute as enacted by the legislature.

We find cause to reverse based on the statutory mandate of § 110(d). We therefore need not reach Ms. Mireles’ alternative contention that Mr. Alvarez should be removed because he has become “incapable of properly performing the duties of his trust.” TEX.PROB.CODE § 222(b)(5). (Vernon 1980 & Supp.1990).

The judgment of the trial court is reversed. Judgment is rendered that Ms. Mireles’ petition for removal of Mr. Alvarez as Mrs. Alvarez’ guardian be granted.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

WILLARD L. SLOAN, EUGENE J.

WINNINGHAM, and JAMES L. KELLEY, 

on behalf of themselves and a similarly 

situated class, Case No. 09-cv-10918

Hon. Paul D. Borman

Plaintiffs, Magistrate Mona K. Majzoub

v. Class Action

BORGWARNER, INC., BORGWARNER 

FLEXIBLE BENEFITS PLANS and

BORGWARNER DIVERSIFIED 

TRANSMISSION PRODUCTS, INC.,

Defendants.

_____________________________________________________________________________/

EXHIBIT 31 

TO 

PLAINTIFFS’ MOTION 

FOR SUMMARY JUDGMENT

AS TO LIABILITY

2:09-cv-10918-PDB-MKM Doc # 104-16 Filed 05/14/12 Pg 1 of 4 Pg ID 5817
2:09-cv-10918-PDB-MKM Doc # 104-16 Filed 05/14/12 Pg 2 of 4 Pg ID 5818
2:09-cv-10918-PDB-MKM Doc # 104-16 Filed 05/14/12 Pg 3 of 4 Pg ID 5819
2:09-cv-10918-PDB-MKM Doc # 104-16 Filed 05/14/12 Pg 4 of 4 Pg ID 5820
<PAGE>

                                                                   EXHIBIT 10.29

                        EXECUTIVE COMPENSATION PLAN 2001

                                                 EFFECTIVE DATE: JANUARY 1, 2001

NAME:                                       PRESTON ROMM
TITLE:                                      VICE PRESIDENT, FINANCE, CFO
BASE:                                       $185,500
BONUS POTENTIAL:                            50%
TOTAL TARGET
COMPENSATION 2001:                          $278,250
--------------------------------------------------------------------------------
BASE SALARY
Merit Increase of 6% effective January 1, 2001. You will also receive retro pay
for December, 2000 of $875.00

Next merit increase due January 1, 2002.

BONUS PLAN
Total bonus percent (50%) is calculated off base pay, and is paid annually post
audit and board approval.

75% of bonus potential is tied to Dot Hill Systems Corporation's 2001 annual
operating plan.
          a. 50% to revenue - $160,000K
          b. 50% to net income - $9,865K
          c. If targets achieved are less than 85% of above, no payout for
          operating plan will be made.
          d. For each 1% increase above 85%, payout is equal to 3.33% with no
          cap
          e. Overachievement to plan is possible per "d" above.

25% of bonus potential is subjective and may be tied to individual departmental
goals and performance. This portion will be determined by the President of Dot
Hill Systems Corporation.

TERMS
Salary will be paid bi-weekly, based upon the annual base salary amount
indicated above, in U.S. dollars.

You must be an employee in good standing on the date of payout to be eligible
for the bonus payout.

The base salary and bonus structure may be revised by Dot Hill Board of
Directors, if they deem it necessary.

You are eligible for all benefits afforded Regular Full-time Exempt employees as
set forth in the most current version of the Dot Hill Employee Handbook.

The terms, conditions, and benefits of your employment with Dot Hill Systems
Corporation are governed solely by the standard Company policies and benefits.
No promises, verbal commitments, or implied promises will alter these standard
policies and benefits.

The employment relationship between the parties is "at will" and may be
terminated by Dot Hill at any time without obligation or liability to you.


/s/ JIM LAMBERT         12/29/2000         /s/ PRESTON ROMM
---------------------------------------    -------------------------------------
Jim Lambert, CEO, President                Preston Romm, Vice President, Finance