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

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

KEVIN M. TALLEY,

Plaintiff,

Case No. 09-CV-10005 

vs. HON. GEORGE CARAM STEEH

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

_____________________________/

ORDER ACCEPTING REPORT AND RECOMMENDATION (#17)

GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (#15 ),

DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (#11), AND

DISMISSING PLAINTIFF'S CLAIM

This matter is before the court on the parties' cross-motions for summary judgment

as to plaintiff Kevin Talley's claim for judicial review of defendant Commissioner of Social

Security's denial of his application for disability insurance benefits and supplemental

security income benefits premised on coagulation defects, degenerative disc disease,

inguinal strain, and an affective disorder. The matter was referred to Magistrate Judge

Charles E. Binder, who issued a thirteen-page Report and Recommendation on February

26, 2010 recommending that defendant Commissioner's motion be granted, that Talley's

motion be denied, and that Talley's claims be dismissed on concluding there is substantial

evidence in the record to support the Administrative Law Judge's ("ALJ") decision that

Talley is not entitled to disability benefits because he retained the residual functional

capacity to perform a limited range of light work existing in the national economy. The
2

Magistrate Judge also determined that the ALJ's hypothetical questions to a vocational

expert were accurate, incorporating all of Talley's limitations, even assuming without

supporting medical evidence, that Talley was moderately limited in concentration,

persistence, or pace. Talley has not filed timely objections to the Report and

Recommendation. See 28 U.S.C. § 636(b)(1). Failure to file specific objections waives any

further right of appeal. See Thomas v. Arn, 474 U.S. 140 (1985); Frontier Ins. Co. v. Blaty,

454 F.3d 590, 596 (6th Cir. 2006). 

The court has reviewed the Report and Recommendation, and in the absence of

timely objection,

The court hereby adopts Magistrate Judge Binder's February 26, 2010 Report and

Recommendation. Plaintiff Talley's motion for summary judgment is hereby DENIED.

Defendant Commissioner of Social Security's motion for summary judgment is hereby

GRANTED. Plaintiff Talley's claim is hereby DISMISSED. 

SO ORDERED.

Dated: March 15, 2010

s/George Caram Steeh 

GEORGE CARAM STEEH

UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on

March 15, 2010, by electronic and/or ordinary mail.

s/Marcia Beauchemin

Deputy Clerk
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA, CASE NO. 09-20151

 HON. PATRICK J. DUGGAN

Plaintiff,

vs.

GARY DALE BRYANT,

Defendant.

 /

ORDER REVOKING BOND

At a session of said Court, held in the U.S.

District Courthouse, City of Detroit, County of

 Wayne, State of Michigan, on April 28, 2009.

PRESENT: THE HONORABLE PATRICK J. DUGGAN

U.S. DISTRICT COURT JUDGE

The Government having appealed the Order Reinstating and Continuing Bond of

April 23, 2009, the Court having reviewed the record, heard testimony and oral arguments

made this date; 

IT IS HEREBY ORDERED that the bond previously set in this matter be REVOKED

for the reasons stated on the record this date.

s/Patrick J. Duggan 

Patrick J. Duggan

United States District Judge

Dated: April 28, 2009

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

on April 28, 2009, by electronic and/or ordinary mail.

s/Marilyn Orem 

Case Manager

2:09-cr-20151-PJD-MKM Doc # 20 Filed 04/28/09 Pg 1 of 1 Pg ID 38
#### Joan A. COULTER, Petitioner/Respondent, v. Con P. Curran COULTER, Respondent/Appellant.

No. 68986.

Missouri Court of Appeals, Eastern District, Division Three.

Oct. 22, 1996.

N. Barrett Braun, Braun, Stewart & Keefe, P.C., Clayton, for respondent/appellant.

Charles P. Todt, Kathleen E. Shaul, St. Louis, for petitioner/respondent.

Before CRAHAN, P.J., and GRIMM and HOFF, JJ.

*ORDER*

PER CURIAM

In this dissolution action, husband raises ten points on appeal. He challenges the award of maintenance to wife, the award of child support based on income imputed to him, the distribution of marital property and debts, the award of attorney fees, and the award of primary physical custody of the minor children to wife.

No jurisprudential purpose would be served by a written opinion. However, we are furnishing the parties with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

The decree is unclear concerning whether the trial court distributed the side chests to husband or wife. We remand that issue to the trial court for clarification. *See Butler v. Butler,*870 S.W.2d 953, 957 (Mo.App. E.D. 1994). With that clarification, the trial court’s judgment is affirmed pursuant to Rule 84.16(b).
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE 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 Sawadee Ventures, Inc. (the
"Company") on Form 10-QSB for the period ending March 31, 2007 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Douglas
E. Ford, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to ss.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.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
8th day of May, 2007.


/s/ Douglas E. Ford
-----------------------------
Chief Executive Officer
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Case Number 09-20006-02-BC

v. Honorable Thomas L. Ludington

BRADLEY RIGG,

Defendant.

__________________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING

DEFENDANT’S PLEA OF GUILTY AS TO COUNT TWO, AND TAKING THE RULE

11 PLEA AGREEMENT UNDER ADVISEMENT

A plea hearing was conducted on November 18, 2009, by United States Magistrate Judge

Charles E. Binder pursuant to the defendant’s consent. The magistrate judge issued his report on

November 18, 2009, recommending that this Court accept the defendant’s guilty plea. As of today’s

date, no party has filed any objections to the magistrate judge’s report and recommendation. The

failure to file objections to the report and recommendation waives any further right to appeal. Smith

v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure

to object to the magistrate judge’s report releases the Court from its duty to independently review

the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court, however, agrees with the findings

and conclusions of the magistrate judge.

Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [Dkt

# 156] is ADOPTED.

1:09-cr-20006-TLL-CEB Doc # 173 Filed 12/07/09 Pg 1 of 2 Pg ID 619
-2-

It is further ORDERED that the defendant’s guilty plea as to count two is ACCEPTED, and

the Rule 11 Plea Agreement [Dkt. # 159] is taken UNDER ADVISEMENT.

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: December 7, 2009

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on December 7, 2009.

s/Tracy A. Jacobs 

TRACY A. JACOBS

1:09-cr-20006-TLL-CEB Doc # 173 Filed 12/07/09 Pg 2 of 2 Pg ID 620
Page 1 of 2

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION AT DETROIT

UNITED STATES OF AMERICA

Case No. 09-CV-10279

Plaintiff,

Honorable Paul D. Borman

v.

SEVEN THOUSAND FOUR HUNDRED Magistrate Judge R. Steven Whalen

SEVENTY-SEVEN DOLLARS ($7,477.00)

IN UNITED STATES CURRENCY

Defendant in Rem.

_____________________________________/

DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE

This matter having come before the Court on Plaintiff's Motion for Entry of Default

Judgment and Final Order of Forfeiture, and the Court being fully advised in the premises, it is:

ORDERED, ADJUDGED and DECREED that the Plaintiff's Motion for Entry of Default

Judgment and Final Order of Forfeiture is GRANTED.

IT IS FURTHER ORDERED, ADJUDGED and DECREED that the defendant currency,

Seven Thousand Four Hundred Seventy-Seven Dollars ($7,477.00) in United States Currency

seized from Michael Riley, is hereby FORFEITED to the United States of America pursuant to

21 U.S.C. § 881(a)(6).

IT IS FURTHER ORDERED, ADJUDGED and DECREED that the right, title, and

ownership interest of Michael Riley, or his successors and assignees, in such currency, and any

2:09-cv-10279-PDB-RSW Doc # 12 Filed 05/19/09 Pg 1 of 2 Pg ID 41
Page 2 of 2

right, title and interest of all other persons, is hereby and forever EXTINGUISHED, and that

clear title to such currency is hereby VESTED in the United States of America.

IT IS FURTHER ORDERED, ADJUDGED and DECREED that the United States

Marshal’s Service for the Eastern District of Michigan, or its delegate, is hereby AUTHORIZED

to dispose of such currency in accordance with law.

S/Paul D. Borman 

PAUL D. BORMAN

UNITED STATES DISTRICT JUDGE

Dated: May 19, 2009

CERTIFICATE OF SERVICE

Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on

May 19, 2009.

S/Denise Goodine 

Case Manager

2:09-cv-10279-PDB-RSW Doc # 12 Filed 05/19/09 Pg 2 of 2 Pg ID 42
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<CIK> 0001042373
<NAME> THEHEALTHCHANNEL.COM, INC.

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          92,237
<SECURITIES>                                         0
<RECEIVABLES>                                   21,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               242,636
<PP&E>                                         973,654
<DEPRECIATION>                                 135,230
<TOTAL-ASSETS>                               1,081,060
<CURRENT-LIABILITIES>                          510,967
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        22,961
<OTHER-SE>                                     547,132
<TOTAL-LIABILITY-AND-EQUITY>                 1,081,060
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             3,460,728
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (3,460,728)
<DISCONTINUED>                                 466,264
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (3,926,992)
<EPS-BASIC>                                     (0.18)
<EPS-DILUTED>                                   (0.18)


</TABLE>
<PAGE>   1
                                                                        EX 23.02
                                                                  ERIC L. WESTON
                                                     CERTIFIED PUBLIC ACCOUNTANT
                                                               2280 GRAND AVENUE
                                                                       SUITE 308
                                                         BALDWIN, NEW YORK 11510
                                                           PHONE: (516) 771-1001
                                                             FAX: (516) 771-8008

               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT
               --------------------------------------------------

I consent to the incorporation by reference on Form 10K (File No. 0-29346) of
FRM Nexus, Inc. and Subsidiaries of my report dated March 25, 1997, on my audits
of the financial statements of Wendclark Corp. as of February 23, 1997 and for
the fiscal year then ended, which report is included on Form 10K.


                                                     /s/ Eric L. Weston
                                                     ---------------------------
                                                     Eric L. Weston
                                                     Certified Public Accountant

Baldwin, New York
May 21, 1999
<PAGE>   2
                                                                        EX 23.02
                                                                  ERIC L. WESTON
                                                     CERTIFIED PUBLIC ACCOUNTANT
                                                               2280 GRAND AVENUE
                                                                       SUITE 308
                                                         BALDWIN, NEW YORK 11510
                                                           PHONE: (516) 771-1001
                                                             FAX: (516) 771-8008

               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT
               --------------------------------------------------

I consent to the incorporation by reference on Form 10K (File No. 0-29346) of
FRM Nexus, Inc. and Subsidiaries of my report dated March 25, 1997, on my audits
of the financial statements of Wendcello Corp. as of February 23, 1997 and for
the fiscal year then ended, which report is included on Form 10K.


                                                     /s/ Eric L. Weston
                                                     ---------------------------
                                                     Eric L. Weston
                                                     Certified Public Accountant

Baldwin, New York
May 21, 1999
Order entered August 21, 2015

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 15
- 00791
- CV BILL MCINTYRE, Appellant

V. ELY EDWARDS AND WILL IE RUTH EDWARDS, Appellee s On Appeal from the 44th Judicial District Court

Dallas County, Te xas Trial Court Cause No. DC
- 14
- 03032



### O RDER
W e GRANT appellant’s August 10, 2015 motion to extend time to comply with the Court’s July 30, 2015 order and ORDER appellant, no later than October 12, 2015, to (1) pay the $195 filing fee for the appeal and ( 2) file written verification he has paid or made payment arrangements for the clerk’s record

. Appellant is again cautioned that failure to comply will result in dismissal of the appeal without further notice. See Tex. R. App. P. 37.3(b), 42.3(c).

/s/ CR AIG STODDART JUSTICE
**Exhibit 23.2**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the Registration Statement (Form S-8 Nos. 333-37347, 333-67659, 333-92707, 333-57500,333-70604, 333-104770, 333-116957) pertaining to the 1997 Stock Incentive Plan of Pervasive Software Inc. of our report dated September 8, 2005 with respect to the consolidated financial statements and schedule of Pervasive Software Inc.included in this Annual Report on Form 10-K. 

 

/s/ Ernst & Young LLP 

 

Austin, Texas 

September 11, 2006
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Case No. 09-CR-20028 

vs. HON. GEORGE CARAM STEEH

HAZIM AL-HARRAQ,

Defendant.

_____________________________/

ORDER GRANTING DEFENDANT'S MOTION FOR

LIMITED ALTERATION OF BOND CONDITIONS (# 21)

TO ATTEND CHILD'S BAPTISM AND RELATED ACTIVITIES FOR 

UP TO SIX HOURS

Defendant Hazim Al-Harraq moves for a limited alteration of his bond conditions to

allow him to attend the baptism of his child Lorenzo. The Government does not oppose the

motion. Having reviewed the motion and the circumstances of this case,

Defendant Al-Harraq's motion is hereby GRANTED to the extent that the conditions

of his bond are hereby MODIFIED to the extent Al-Harraq may attend the baptism of his

child Lorenzo and related activities for up to six hours ONLY, on a single day ONLY, and

within the time period of June 28, 2009 through July 4, 2009. No other conditions of bond

are affected by this Order. 

SO ORDERED.

Dated: June 26, 2009

s/George Caram Steeh 

GEORGE CARAM STEEH

UNITED STATES DISTRICT JUDGE

2:09-cr-20028-GCS-DAS Doc # 22 Filed 06/26/09 Pg 1 of 2 Pg ID 52
2

CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on

June 26, 2009, by electronic and/or ordinary mail.

s/Marcia Beauchemin

Deputy Clerk

2:09-cr-20028-GCS-DAS Doc # 22 Filed 06/26/09 Pg 2 of 2 Pg ID 53
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

William Lester Summers,

Plaintiff, Case No. 08-14100

v. Hon. Nancy G. Edmunds

Barbara Sampson,

Defendant.

________________________________/

ORDER ACCEPTING MAGISTRATE JUDGE'S

REPORT AND RECOMMENDATION

This matter has come before the Court on the Magistrate Judge's Report and

Recommendation. Being fully advised in the premises and having reviewed the record and the

pleadings, including Petitioner’s Objections if any, the Court hereby ACCEPTS AND ADOPTS

the Magistrate Judge's Report and Recommendation. It is further ordered that Petitioner’s

application for writ of habeas corpus is DENIED.

SO ORDERED.

s/Nancy G. Edmunds 

Nancy G. Edmunds

United States District Judge

Dated: August 2, 2011

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

August 2, 2011, by electronic and/or ordinary mail.

s/Carol A. Hemeyer 

Case Manager

2:08-cv-14100-NGE-PJK Doc # 25 Filed 08/02/11 Pg 1 of 1 Pg ID 382
Exhibit 32.2

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 Quarterly Report of KBL Healthcare Acquisition Corp. III (the
Company) on Form 10-Q for the period ending March 31, 2008 (the Report), as filed with the Securities and Exchange Commission on the date hereof, I Michael Kaswan, Chief Operating Officer of the Company, certify pursuant
to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 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 result of operations of the Company.



|    |  |                                                                      |  |  |  |                    
|--- |  | -------------------------------------------------------------------- |  |  |  | -------------------
|By: |  | /s/ Michael Kaswan                                                   |  |  |  | Dated: May 14, 2008
|    |  | Michael Kaswan                                                       |  |  |  |                    
|    |  | Chief Operating Officer (Principal Accounting and
Financial Officer) |  |  |  |
#### Jane D. MULLINGS, Appellant, v. The STATE of Texas, Appellee.

No. 0533-96.

Court of Criminal Appeals of Texas, En Banc.

Dec. 4, 1996.

Christopher S. Till, Comanche, Phil Robertson, Clifton, for appellant.

Andy J. McMullen, District Attorney, Ben L. Stool, Asst. District Attorney, Hamilton, Matthew Paul, State’s Atty., Austin, for State.

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

In a single trial, a Comanche County petit jury found appellant, Jane D. Mullings, guilty of (a) three counts of misapplication of fiduciary property of the value of $10,000 or more but less than $100,000, (b) twenty counts of misapplication of fiduciary property of the value of $200 or more but less than $10,000, and (c) 72 counts of commercial bribery. See Tex. Penal Code §§ 32.43 and 32.45. All of the offenses occurred in 1992 and related to appellant’s operation of bingo *689games for three Comanche County organizations, including Comanche County Crime Stoppers, Inc. The jury assessed punishment at, among other things, imprisonment for two years and a $5,000 fine, and the trial court ordered restitution. The Eleventh Court of Appeals affirmed the judgment of the trial court. *Mullings v. State,*917 S.W.2d 334 (Tex.App. — Eastland 1996). We granted appellant’s petition for discretionary review1 to determine whether the court of appeals erred in holding that the foreman of the grand jury that indicted appellant was not disqualified under Article 19.08(8) of the Texas Code of Criminal Procedure. See Tex.R.App. Proc. 200(e)(2).

After hearing oral argument and reviewing the record, we conclude that our decision to grant appellant’s petition was improvident. Accordingly, we dismiss appellant’s petition. See Tex.R.App. Proc. 202(k).

CLINTON, J., dissents.

1

. Appellant’s ground for review read as follows: "Did the Court of Appeals err when it found that the Grand Jury Foreman who was the president and the only witness testifying on behalf of [Comanche County Crime Stoppers, Inc.] was not a complainant within the meaning of Article 19.08(8) of [the] Texas Code of Criminal Procedure?”
<TABLE>
<CAPTION>               

      Schedule of Year-To-Date Principal and Interest Distributions
                                  to 
                         Certificate Holders

                                                        Ending
Class           Interest       Principal      Losses    Balance
<S>             <C>            <C>            <C>       <C> 
A1              1,539,547.02   2,536,576.61      0.00   42,463,423.39
A2              2,600,273.19   5,089,669.15      0.00   71,236,330.85
A3                488,845.02           0.00      0.00   13,967,000.00
A4                302,119.98           0.00      0.00    8,632,000.00
A5              1,388,997.26     762,293.40      0.00   39,237,706.61
APO                     0.00      18,378.56      0.00      787,387.68
AR                      0.58         100.00      0.00            0.00
AWIO              360,405.14           0.00      0.00            0.00
B1                 32,988.69      18,104.47      0.00      931,895.53
B2                 16,494.34       9,052.23      0.00      465,947.77
B3                 36,287.55      19,914.92      0.00    1,025,085.09
B4                 16,494.34       9,052.23      0.00      465,947.77
B5                 13,193.15       5,798.16  1,442.35      372,692.80
M                  65,942.64      36,189.88      0.00    1,862,810.12
                               




</TABLE>