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

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

PAYGIE MOORE,

Plaintiff,

Case No. 08-14365

v.

HONORABLE AVERN COHN

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

____________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

AND

GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

AND

DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

AND

DISMISSING CASE

This is a social security case. Plaintiff Paygie Moore appeals from the final

determination of the Commissioner of Social Security (Commissioner) that she is not

disabled and therefore not entitled to disability insurance benefits. The matter was

referred to a magistrate judge for all pretrial proceedings. Plaintiff and the

Commissioner filed cross motions for summary judgment. The magistrate judge issued

a report and recommendation (MJRR) recommending that the Commissioner’s motion

be granted, that Plaintiff’s motion be denied, and the case be dismissed.

Neither party has filed objections to the MJRR and the time for objections has

passed. The Court has reviewed the MJRR and agrees with the magistrate judge.

2:08-cv-14365-AC-MAR Doc # 18 Filed 11/05/09 Pg 1 of 2 Pg ID 359
2

Accordingly, the findings and conclusions of the magistrate judge are adopted as the

findings and conclusions of the Court. The Commissioner’s motion for summary

judgment is GRANTED. Plaintiff’s motion for summary judgment is DENIED. This case

is DISMISSED.

SO ORDERED.

 S/Avern Cohn 

AVERN COHN

UNITED STATES DISTRICT JUDGE

Dated: November 5, 2009

I hereby certify that a copy of the foregoing document was mailed to the

attorneys of record on this date, November 5, 2009, by electronic and/or ordinary mail.

 S/Julie Owens 

Case Manager, (313) 234-5160

2:08-cv-14365-AC-MAR Doc # 18 Filed 11/05/09 Pg 2 of 2 Pg ID 360
Exhibit 32.1  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 Bioheart, Inc. (the
"Company") on Form 10-Q for the quarter ended June 30, 2012 as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), I, Mike Tomas, Chief Executive Officer and President And Principal Financial and Accounting 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 results of operations of the Company.  A signed original of this written statement required by Section 906 has
been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff
upon request.  The foregoing certification is being furnished solely to accompany the
Report pursuant to 18 U.S.C. section 1350 and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof,
regardless of any general incorporation language in such filing.  /s/
Mike TomasMike Tomas Chief Executive Officer and President And Principal Financial and Accounting
Officer November 9, 2012
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Case Number 08-20517-BC

v. Honorable Thomas L. Ludington

D-4 FERNANDO RUELAS-TAPIA,

Defendant.

__________________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING

DEFENDANT’S PLEA OF GUILTY AS TO COUNT ONE, AND TAKING THE RULE 11

PLEA AGREEMENT UNDER ADVISEMENT

A plea hearing was conducted on April 21, 2009, by United States Magistrate Judge Charles

E. Binder pursuant to the defendant’s consent. The magistrate judge issued his report on April 22,

2009, recommending that this Court accept the defendant’s plea of guilty. 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). However, the Court agrees with the findings and

conclusions of the magistrate judge.

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

# 95] is ADOPTED.

Case 1:08-cr-20517-TLL-CEB ECF No. 105, PageID.305 Filed 05/12/09 Page 1 of 2
-2-

It is further ORDERED that the defendant’s plea of guilt as to count one is ACCEPTED,

and the Rule 11 Plea Agreement [Dkt. # 89] is taken UNDER ADVISEMENT.

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: May 12, 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 May 12, 2009.

s/Tracy A. Jacobs 

TRACY A. JACOBS

Case 1:08-cr-20517-TLL-CEB ECF No. 105, PageID.306 Filed 05/12/09 Page 2 of 2
[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Notices]
[Page 3032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1716]



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

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5407-7]


Underground Injection Control Program: Class I Non-Hazardous 
Waste Disposal Injection Restrictions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to grant a case-by-case extension.

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

    The U.S. Environmental Protection Agency is granting the request 
from Abbott Laboratories, Wichita, Kansas, for a case-by-case extension 
of the RCRA land disposal restriction (LDR) treatment standards 
applicable to total organic carbon (TOC), EPA Hazard Code D001. This 
final decision provides for a one year extension period beginning 
September 19, 1995, and allows Abbott to continue injecting its 
wastestream into their Underground Injection Control (UIC) Class I 
injection well until September 19, 1996. This extension is granted 
under the provisions found in 40 CFR 148.4. This extension will allow 
the Environmental Protection Agency to complete the review of Abbott's 
No-Migration Petition application. The basis for approval includes the 
following demonstrations:
    40 CFR 268.5(a)(1)  Abbott Laboratories has made a good-faith 
effort on a nationwide basis to locate and contract for adequate 
alternative treatment, recovery, or disposal capacity, or establish 
such capacity by the effective date of the applicable restrictions.
    40 CFR 268.5(a)(2)  Abbott Laboratories has entered into a binding 
contractual commitment to provide alternative treatment, recovery, or 
disposal capacity.
    40 CFR 268.5(a)(3)  Abbott Laboratories has shown the lack of 
alternative capacity is beyond its control.
    40 CFR 268.5(a)(4)  Abbott Laboratories has shown that there will 
be adequate alternative treatment, recovery, or disposal capacity for 
all waste after the effective date established by the extension.
    40 CFR 268.5(a)(5)  Abbott Laboratories has provided a detailed 
schedule for obtaining alternative capacity including dates.
    40 CFR 268.5(a)(6)  Abbott Laboratories has arranged for adequate 
capacity to manage waste during the extension period.
    40 CFR 268.5(a)(7)  No surface impoundments or landfills will be 
used by Abbott Laboratories to manage the waste during the extension 
period.
    This case-by-case extension is only for the waste code impacted by 
the September 19, 1994 Land Disposal Restrictions, Phase II and is 
valid for as long as the basis for granting an extension remains valid, 
under provisions of 40 CFR Part 124.

FOR FURTHER INFORMATION CONTACT: For information contact Robert L. 
Morby, Chief Drinking Water/Groundwater Management Branch, EPA-Region 7 
or telephone (913) 551-7682.

    Dated: December 14, 1995.
Dennis Grams,
Regional Administrator.
[FR Doc. 96-1716 Filed 1-29-96; 8:45 am]
BILLING CODE 6560-50-P
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1211 Engrossed in Senate (ES)]

111th CONGRESS
  1st Session
                                S. 1211

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
at 60 School Street, Orchard Park, New York, as the ``Jack F. Kemp Post 
                           Office Building''.

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

SECTION 1. JACK F. KEMP POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 60 School Street, Orchard Park, New York, shall be known and 
designated as the ``Jack F. Kemp Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Jack F. 
Kemp Post Office Building''.

            Passed the Senate August 4, 2009.

            Attest:

                                                             Secretary.
111th CONGRESS

  1st Session

                                S. 1211

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
at 60 School Street, Orchard Park, New York, as the ``Jack F. Kemp Post 
                           Office Building''.
```
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-41279

Conference Calendar

 

CHARLES W. CALVERLY,

Plaintiff-Appellant,

versus

JESSIE CRAVEN; HUEL FONTENOT, Sheriff;

UNKNOWN DUVAL, Officer; UNKNOWN STEPHENSON,

Officer; EASTER ADAMS, Lieutenant,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:94-CV-528

- - - - - - - - - -

December 9, 1998

Before DAVIS, DeMOSS, and STEWART, Circuit Judges. 

PER CURIAM:*

Charles W. Calverly, Texas inmate # 630407, proceeding pro

se and in forma pauperis (IFP), appeals the dismissal of his

civil rights complaint. He argues that the defendants violated

his constitutional rights by failing to protect him from injury

inflicted by another prisoner. Calverly’s motion for appointment

of counsel is DENIED.
No. 96-41279

-2-

We have reviewed the record and the briefs of the parties

and find no reversible error in the magistrate judge’s dismissal

of Calverly’s claim against Lieutenant Adams. See Calverly v.

Orange County Jail, et al., No. 1:94-CV-528 (E.D. Tex. Nov. 21,

1996).

Calverly has abandoned the claims he raised in the district

court against Officers Duval and Stephenson and against inmate

Craven by failing to argue error in the district court’s reasons

for dismissing his claims. See Brinkmann v. Dallas County Deputy

Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987) (when appellant

fails to identify any error in the district court's analysis, it

is as if appellant had not appealed that judgment). Calverly has

abandoned his housing claim and the claims that he raised against

the Orange County Jail and Sheriff Fontenot by failing to raise

them in this court. See Brinkmann, 813 F.2d at 748 (the court

will not raise and discuss legal issues that the appellant has

failed to assert).

Calverly’s allegations of ineffective assistance of counsel

are without merit. There is no Sixth Amendment right to

effective representation in civil cases. Sanchez v. United

States Postal Serv., 785 F.2d 1236, 1237 (5th Cir. 1986). 

This appeal is without arguable merit and thus frivolous. 

It is DISMISSED. See Howard v. King, 707 F.2d 215, 219-20 (5th

Cir. 1983); 5TH CIR. R. 42.2. 

Calverly is warned that future frivolous appeals will invite

the imposition of sanctions. Calverly should review any pending

appeals to ensure that they do not raise frivolous arguments.
No. 96-41279

-3-

APPEAL DISMISSED; SANCTION WARNING ISSUED; MOTION DENIED.
```
[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Notices]
[Page 30241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15245]

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

FEDERAL RESERVE SYSTEM

Government in the Sunshine; Meeting Notice

Time and Date: 10:00 a.m., Wednesday, June 19, 1996.

Place: Marriner S. Eccles Federal Reserve Board Building, C Street 
entrance between 20th and 21st Streets, N.W., Washington, D.C. 20551.

Status: Closed.

Matters to be Considered:

    1. Personnel actions (appointments, promotions, assignments, 
reassignments, and salary actions) involving individual Federal 
Reserve System employees.
    2. Any items carried forward from a previously announced 
meeting.

Contact Person for More Information: Mr. Joseph R. Coyne, Assistant to 
the Board; (202) 452-3204. You may call (202) 452-3207, beginning at 
approximately 5 p.m. two business days before this meeting, for a 
recorded announcement of bank and bank holding company applications 
scheduled for the meeting.

    Dated: June 12, 1996.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 96-15245 Filed 6-12-96; 9:52 am]
BILLING CODE 6210-01-P
```
Exhibit
      32.1








**CERTIFICATION
      PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT 0F 2002**





In
      connection with the Quarterly Report of Across America Real Estate Exchange,
      Inc. (the Company") on Form 10-QSB for the period ended herein as filed with
      the
      Securities and Exchange Commission (the "Report"), I. G. Brent Backman, Chief
      Executive and Chief Financial 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 fully presents, in all material respects,
      the financial condition and results of operations or the Company.







Dated:
      AUGUST 13, 2007


By: /s/ G. Brent Backman


Chief
      Executive
      Officer


Chief
      Financial Officer
2:09-cv-10454-VAR-LJM Doc # 159-1 Filed 06/21/13 Pg 1 of 1 Pg ID 3410
<PAGE>

                                                                    Exhibit 99.2


                        Report of Independent Accountants

To the Board of Directors and Shareholder
of CIT Group Inc.


We have examined management's assertion about The CIT Group/Sales Financing,
Inc.'s (the "Company's"), a wholly owned subsidiary of CIT Group Inc.,
compliance with the minimum servicing standards identified in the Mortgage
Bankers Association of America's Uniform Single Attestation Program for Mortgage
Bankers as of and for the year ended December 31, 2001, as included in the
accompanying management assertion (see Exhibit I). Management is responsible for
the Company's compliance with those minimum servicing standards. Our
responsibility is to express an opinion on management's assertion about the
Company's compliance based on our examination.

Our examination was made in accordance with attestation standards established by
the American Institute of Certified Public Accountants and, accordingly,
included examining, on a test basis, evidence about the Company's compliance
with the minimum servicing standards and performing such other procedures as we
considered necessary in the circumstances. We believe that our examination
provides a reasonable basis for our opinion. Our examination does not provide a
legal determination on the Company's compliance with the minimum servicing
standards.

In our opinion, management's assertion that the Company complied with the
aforementioned minimum servicing standards as of and for the year ended December
31, 2001, except as noted in Exhibit I, is fairly stated, in all material
respects.



/s/ PricewaterhouseCoopers LLP

PricewaterhouseCoopers LLP
New York, NY
March 29, 2002
EXHIBIT 12

                               E-DENTIST.COM, INC.
                       RATIO OF EARNINGS TO FIXED CHANGES

     The following table sets forth the Company's earnings to fixed charges for
the periods indicated:

                                                          YEAR ENDED MARCH 31,
                                                         ----------------------
                                                         2001     2000     1999
                                                         ----     ----     ----
             Ratio of Earnings to Fixed Charges (a)       (b)      (c)     5.0

(a)  For the purposes of computing the consolidated ratio of earnings to fixed
     charges, earnings consist of income before income taxes and extraordinary
     items. Fixed charges consist of interest on all indebtedness, amortization
     of debt discount and expense, and that portion of rental expense that we
     believe to be representation of interest.

(b)  Due to the loss recorded in 2001, the ratio coverage was less than 1:1. The
     Company would have needed to generate additional earnings of $25 million to
     achieve a coverage of 1:1 in 2001.

(c)  Due to the loss recorded in 2000, the ratio coverage was less than 1:1. The
     Company would have needed to generate additional earnings of $3.5 million
     to achieve a coverage of 1:1 in 2000.
**EXHIBIT 32.2**
**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350**
     I, Jack P. Healey, Chief Financial Officer of the IndustrialDistribution Group, Inc. (the “Company”), certify,pursuant to 18 U.S.C. sec. 1350 as adopted by sec. 906 of theSarbanes-Oxley Act of 2002, that:
(1)     the Annual Report on Form 10-K of the Company for the annual    period ended December 31, 2004 (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.
Dated: March 11, 2005
     /s/ Jack P. Healey      Jack P. Healey     Senior Vice President and     Chief Financial Officer
I

104TH CONGRESS

2D SESSION H. R. 3594

To amend title 38, United States Code, to ensure compliance with veterans’

preference requirements at the Department of Veterans Affairs.

IN THE HOUSE OF REPRESENTATIVES

JUNE 6, 1996

Mr. BUYER (for himself, Mr. FILNER, and Mr. SOLOMON) introduced the

following bill; which was referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to ensure compliance

with veterans’ preference requirements at the Department of Veterans Affairs.

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

3 SECTION 1. FAILURE TO COMPLY WITH VETERANS’ PREF4 ERENCE REQUIREMENTS TO BE TREATED AS

5 A PROHIBITED PERSONNEL PRACTICE.

6 (a) IN GENERAL.—Chapter 7 of title 38, United

7 States Code, is amended by adding at the end the follow8 ing:
2

•HR 3594 IH

1 ‘‘§ 713. Failure to comply with veterans’ preference

2 requirements to be treated as a prohib3 ited personnel practice

4 ‘‘(a) An employee of the Department who has author5 ity to take, direct others to take, recommend, or approve

6 any personnel action, shall not, with respect to such au7 thority, take or fail to take any personnel action with re8 spect to an employee or applicant for employment if the

9 taking of or failure to take such action would violate any

10 law, rule, or regulation implementing, or directly concern11 ing, veterans’ preference.

12 ‘‘(b) A failure to comply with subsection (a) shall be

13 treated as a prohibited personnel practice.

14 ‘‘(c) The Secretary shall, not later than six months

15 after the date of the enactment of this section, submit a

16 written report to each House of Congress with respect

17 to—

18 ‘‘(1) the implementation of this section; and

19 ‘‘(2) the administration of veterans’ preference

20 requirements by the Department generally.

21 ‘‘(d) For the purpose of this section, the terms ‘per22 sonnel action’ and ‘prohibited personnel practice’ shall

23 have the respective meanings given them by section 2302

24 of title 5.’’.

25 (b) CLERICAL AMENDMENT.—The table of sections

26 at the beginning of chapter 7 of such title is amended by
3

•HR 3594 IH

1 inserting after the item relating to section 712 the follow2 ing:

‘‘Sec. 713. Failure to comply with veterans’ preference requirements to be treated as a prohibited personnel practice.’’.

Æ
Exhibit 99.1
                                 CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350,
           AS ADOPTED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     I, Thomas F. Helms, Jr., as Chief Executive Officer of North Atlantic
Trading Company, Inc. (the "Company"), certify, pursuant to 18 U.S.C.ss. 1350,
as adopted by Section 906 of the Sarbanes-Oxley Act of 2002, that to my
knowledge:

     (1) the accompanying Annual Report on Form 10-K for the fiscal year ending
December 31, 2002 as filed with the U.S. 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, as amended; and

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

Dated: March 31, 2003


                                            /s/  Thomas F. Helms, Jr.
                                           -------------------------------------
                                           Thomas F. Helms, Jr.
                                           Chief Executive Officer



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