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March 15, 2010
TODD DAVID BARTON, PLAINTIFF,v.PAM MIKELHAYES, JAMES FENIMORE, SUSAN W. HASSINGER, ROSS SNYDER, LYNN KRISS, PAUL W. NAGELE, LOU COATES, THEODORE VICKERY, JR., SUSAN LEARNER, GARY PIERCE, TROY ANNUAL CONFERENCE OF THE UNITED METHODIST, FAITH UNITED METHODIST CHURCH, AND DAVID OLSEN, DEFENDANTS.
DECISION and ORDER
Plaintiff, Todd Barton, commenced this action pro se against Defendants Pam MikelHayes, James Fenimore, Susan W. Hassinger, Ross Snyder, Lynn Kriss, Paul W. Nagele, Lou Coates, Theodore Vickery Jr., Susan Learner, Gerry Pierce, Troy Annual Conference (TAC) and Faith United Methodist Church (FUMC) pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e (Title VII). In his Complaint, Plaintiff alleges: (1) gender discrimination; (2) a hostile work environment; (3) sexual harassment; (4) violation of due process; (5) failure to protect against or investigate Title VII allegations; and (6) retaliatory firing. Plaintiff is requesting damages in the sum of Ten Million Dollars, reinstatement of his pastoral license, retirement on medical disability and in good standing, and a published apology in the Daily Gazzette [sic] from all involved.
Before the Court is Defendants' motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Defendants' motion argues that: (1) Plaintiff's claims are barred by the relevant statute of limitations; (2) Plaintiff failed to exhaust administrative remedies; (3) there is no individual liability under Title VII; and (4) Plaintiff fails to state a claim upon which relief can be granted.
Although the original return date of the motion was June 26, 2009, the Court granted Plaintiff an extension on the basis of medical problems. On July 29, 2009 Plaintiff filed a letter motion requesting that: (1) the Court accept Plaintiff's late response to Defendants' motion; and (2) the Court allow Plaintiff to file a 59 page memorandum of law "in opposition of [sic] motion to dismiss... and in support of summary judgment." In an order filed July 29, 2009 the Court allowed the opposition papers and the"cross-motion" to be filed. Plaintiff argues that his Complaint complies with the statute of limitations and all applicable administrative requirements and that he states a claim for relief on all counts. On Aug. 28, 2009, Defendants responded to Plaintiff's cross motion. After Plaintiff's reply was first rejected, he filed a reply on Sept. 14, 2009.
Plaintiff was employed as a part time pastor for the Faith United Methodist Church. As a part time pastor, Plaintiff was expected to work twenty hours per week and take two courses per semester at University at Albany. Despite the job description, Plaintiff maintains that he worked over 40 hours a week and was expected to cover all the night calls because he was a male and a former martial arts instructor.
Plaintiff's claims stem from a number of incidents at work, beginning in July of 2006, when Defendant MikelHayes began leading weekly services as the new lead pastor. Plaintiff alleges that Defendant MikelHayes discriminated against him because of his gender by creating a hostile work environment and sexually harassing him. In support of these allegations, Plaintiff contends that MikelHayes: (1) changed the format of the service to restrict his participation and work responsibilities in weekly services and to increase the participation of a less senior female Associate Pastor; (2) limited his raises to the minimum allowed by conference guidelines while at the same time giving Plaintiff's "female peer... additional opportunities to justify advancement and... significant pay raises"; (3) belittled and embarrassed him in front of other pastors and the congregation for his disabilities; (4) berated him in her office; and (5) sexually harassed him by complimenting his appearance, calling him "hot", saying how they would look good as a couple, and purring and pawing at him, despite being asked to stop. Plaintiff alleges that he informed the other Defendants of the abusive treatment by MikelHayes and how he felt about the situation but that they failed to take any protective action. Plaintiff's Complaint alleges that when Plaintiff complained about the discrimination he was threatened with the loss of his pastoral license.
Plaintiff alleges that on July 24, 2007, a young man on a skateboard almost ran into his van in the church parking lot. The young man threatened Plaintiff. Plaintiff told the man that if he hit him or his van he would not be leaving the parking lot in the same way he entered it. The incident resulted in the man and his friend coming to Plaintiff's house and police involvement. Plaintiff informed the church of the incident.
As a result of this incident, Defendant MikelHayes reported Plaintiff to the Bishop and District Superintendent Fenimore. On August 3, 2007, Plaintiff met D.S. Fenimore to discuss the parking lot incident. Plaintiff brought up MikelHayes' conduct and Fenimore warned Plaintiff that if he did not stop complaining he would be fired. Plaintiff took medical leave a few days later.
Between August and December of 2007 Defendants held several meetings to discuss Plaintiff's mental stability. Plaintiff alleges these meetings were a violation of his rights under the Church's Book of Discipline which allowed him to have the meetings explained to him. Defendant Kriss released a letter to the congregation informing them that Plaintiff was on medical leave without Plaintiff's consent. Finally on October 22, 2007, Plaintiff was called into D.S. Fenimore's office and fired. Plaintiff and his family were then evicted from the parsonage.
Plaintiff filed charges with the Equal Employment Opportunity Commission (EEOC) regarding the above described allegations on April 16, 2008. The EEOC issued a Notice-of-Right-to-Sue letter on October 17, 2008.Plaintiff filed the instant Complaint on January 20, 2009.
When ruling on a motion to dismiss, "the court must accept the material facts alleged in the complaint as true and construe all reasonable inferences in the plaintiff's favor." Burns v. Trombly, 624 F. Supp.2d 185, 196 (N.D.N.Y. 2008)(citing Hernandez v. Coughlin, 18 F.3d 133, 136 (2d Cir. 1994)). "'[A]lthough a court must accept as true all of the allegations contained in a complaint,' that 'tenet' 'is inapplicable to legal conclusions,' and '[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.'" Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009) (citing Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009)). Therefore, to survive a motion to dismiss, the plaintiff must provide "the grounds upon which his claim rests through factual allegations sufficient 'to raise a right to relief above the speculative level.'" Camarillo v. Carrols Corp., 518 F.3d 153, 156 (2d Cir. 2008) (citations omitted). Plaintiff's factual allegations must be sufficient to give the defendant "fair notice of what the claim is and the grounds upon which it rests." Camarillo, 518 F.3d at 156 (citing Port Dock & Stone Corp. v. Oldcastle Ne., Inc., 507 F.3d 117, 121 (2d Cir. 2007)).
"[W]hether a complaint states a plausible claim for relief will... be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Harris, 572 F.3d at 72 (citing Ashcroft, 129 S.Ct. at 1950). Review is "limited to the facts asserted within the four corners of the complaint, the documents attached to the complaint as exhibits, and any documents incorporated in the complaint by reference." Medtech Prods. v. Ranir, LLC, 596 F. Supp.2d 778, 802 (S.D.N.Y. 2008) (citing McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 190 (2d Cir. 2007); see Rothman v. Gregor, 220 F.3d 81, 88 (2d Cir. 2000)(citing Cosmas v. Hassett, 886 F.2d 8, 13 (2d Cir. 1989)) (the court may review documents integral to the Complaint upon which the plaintiff relied in drafting his pleadings, as well as any documents attached to the Complaint as exhibits and any statements or documents incorporated into the Complaint by reference.).
Plaintiff alleges that he was discriminated against on the basis of his sex, retaliated against for complaining about the discrimination, and subjected to a hostile work environment, all in violation of Title VII.
a. Individual Liability
As a preliminary issue, Defendants argue that Plaintiff's Title VII claims against the individual Defendants must be dismissed because Title VII precludes individual liability. "Although individual liability for work place discrimination is sometimes possible under various state and federal causes of action, controlling precedent holds there is no individual liability under Title VII." Lore v. City of Syracuse, 585 F. Supp.2d 345, 357 (N.D.N.Y. 2008); see also Mandell v. County of Suffolk, 316 F.3d 368, 377 (2d Cir. 2003); Wrighten v. Glowski, 231 F.3d 119, 120 (2d Cir. 2000); Tomka v. Siler Corp., 66 F.3d 1295. 1313 (2d Cir. 1995), abrogated on other grounds by Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (1998). Accordingly, Plaintiff's claims against Defendants MikelHayes, Fenimore, Hassinger, Snyder, Kriss, Nagele, Coates, Vickery Jr., Learner, and Pierce must be dismissed.
b. Statute of Limitations
Defendant alleges that Plaintiff did not comply with the prerequisites of a Title VII Complaint. "An aggrieved employee wishing to bring a Title VII claim in federal court for conduct that occurred in New York must first exhaust administrative remedies by filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights within 300 days of the alleged discriminatory act or acts." Wall v. Town of Niskayuna, 2009 WL 290454, at *6 (N.D.N.Y. February 5, 2009); see 42 U.S.C. § 2000e et seq.; Ledbetter v. Goodyear Tire & Rubber Co., Inc., 550 U.S. 618 (2007); Williams v. N.Y. City Hous. Auth., 458 F.3d 67.69 (2d Cir. 2006). " The statutory filing period is 'analogous to a statute of limitations.'" Wall, 2009 WL 290454, at *6 (quoting Van Zant v. KLM Royal Dutch Airlines, 80 F.3d 708, 712 (2d Cir. 1996)). After a complaint is filed with the EEOC, a plaintiff may request a notice-of-right-to-sue from the EEOC. To file a complaint in Federal Court a plaintiff must file within 90 days of receiving this notice-of-right-to-sue.
1. Administrative Complaint
Defendants allege that many of the discriminatory acts alleged by Plaintiff occurred more than 300 days before Plaintiff's filing of the administrative complaint on April 16, 2008. Any acts that took place before June 21, 2007, i.e. 300 days before the filing of Plaintiff's initial EEOC complaint, are time barred unless the limitations period is tolled. "The limitations period may be tolled by either evidence of a continuing violation, or waiver, estoppel, or equitable tolling." Carrasco v. New York City Off-Track Betting Corp., 858 F. Supp. 28, 31 (S.D.N.Y. 1994); see Delaware State College v. Ricks, 449 U.S. 250 (1980). "The continuing violation exception applies to cases involving specific discriminatory policies or mechanisms." Carrasco, 858 F. Supp. at 31 (quoting Lambert v. Genesee Hosp., 10 F.3d 46, 53 (2d Cir.1993)). "Under the continuing violation exception to the Title VII limitations period, if a Title VII plaintiff files an EEOC charge that is timely as to any incident of discrimination in furtherance of an ongoing policy of discrimination, all claims or acts of discrimination under that policy will be timely even if they would be untimely standing alone." Id. (citing Cook v. Pan Am. World Airways, Inc., 771 F.2d 635, 646 (2d Cir.1985), cert. denied, 474 U.S. 1109, 106 S.Ct. 895, 88 L.Ed.2d 929 (1986)). "The continuing violation exception applies to cases involving specific discriminatory policies or mechanisms such as discriminatory lists,... or discriminatory employment tests." Id. (emphasis added) (citations omitted). Because Plaintiff does not allege a continuing violation, waiver, or estoppel, any alleged discriminatory acts occurring prior to June 21, 2007 are time-barred and, therefore, must be dismissed.
2. Plaintiff Must File A Title VII Complaint Within 90 Days Of Receiving A Right To Sue Letter From The EEOC
Defendants next allege that the Plaintiff did not file his Complaint within 90 days of receiving the notice-of-right-to-sue. The notice-of-right-to-sue was mailed on October 17, 2008 from Buffalo, New York to Plaintiff's address in Schenectady, New York. Plaintiff filed his Complaint on January 20, 2009 95 days after the notice-of-right-to-sue was mailed. This Court finds it plausible that Plaintiff filed within 90 days of his receipt of the notice-of-right-tosue.
c. Whether Plaintiff's Complaint must be Dismissed for Failure to Exhaust Administrative Remedies
Defendants also argue that Plaintiff's Title VII claim for employment discrimination must be dismissed as to FUMC for failure to exhaust administrative remedies. "A prerequisite to commencing a Title VII action against a defendant is the filing with the EEOC or authorized state agency of a complaint naming the defendant." Johnson v. Palma, 931 F.2d 203, 209 (2d Cir. 1991) (emphasis added); 42 U.S.C. § 2000e-5(e). The EEOC notice-of-right-to-sue letter, attached to Plaintiff's Complaint, was issued only with regard to Defendant TAC. Plaintiff contends, however, that he amended his original EEOC complaint to include the FUMC. In support of his assertion he produced an unsigned and unsworn EEOC complaint and a signed letter to the EEOC seeking to amend the complaint.
In a factually analogous case, Mann v. Sunshine Biscuit, 1998 WL 352534 (S.D.N.Y. April 23, 1998), the Court found that "the EEOC right-to-sue letter, attached to the Complaint, indicates that plaintiff only named defendant Sunshine Biscuit... in the EEOC charge" and held that "the failure to name defendant... warrants dismissal of the claims against it irrespective of the facts plaintiff may be able to allege." See also Marshall v. National Ass'n. of Letter Carriers BR36, 2003 WL 22519869, at *11 (S.D.N.Y. November 7, 2003) (holding that "because NALC was not named in the EEOC charge and right to sue letter, Marshall cannot bring a Title VII action against NALC); Rojas v. Manhattan Jeep Eagle, 1996 WL 556937, at *4 (S.D.N.Y. Oct. 1, 1996) ("The right-to-sue letter names only one party as "respondent"-Jeep Eagle. It is this "respondent" which the right-to-sue letter identifies as the only party that the plaintiff has a right to sue in federal court."). Similarly, because only Defendant TAC was listed on Plaintiff's notice-of-right-to-sue, Plaintiff has failed to exhaust his administrative remedies as to the FUMC. Therefore, Plaintiff's claim against FUMC must be dismissed.
d. Gender Discrimination
Defendants contend that Plaintiff fails to state a cause of action for unlawful employment discrimination. "To establish a prima facie case of discrimination, plaintiff must show: (1) '[he] is a member of a protected class; (2) [he] is qualified for [his] position; (3) [he] suffered an adverse employment action; and (4) the circumstances give rise to an inference of discrimination.'"Lore, 585 F. Supp.2d at 361 (quoting Weinstock v. Columbia Univ., 224 F.3d 33, 41 (2d Cir. 2000)). It is undisputed that Plaintiff is able to show that he is a member of a protected class, i.e. male, and that he was qualified for his job as a pastor as he passed his performance evaluation.
The only remaining Defendant is TAC. Plaintiff alleges that TAC is his employer within the meaning of Title VII. The employer may be held responsible for Title VII violations if: (1) the party alleged to be the perpetrator was the plaintiff's supervisor; (2) a tangible employment action was taken against the plaintiff in connection with the violation; and (3) the employer did not exercise reasonable care to prevent and correct the violation. E.E.O.C. v. Rotary Corp., 297 F. Supp.2d 643, 663 (N.D.N.Y. 2003).
In his Complaint, Plaintiff alleges that Defendant MikelHayes, the Lead Pastor and Plaintiff's supervisor, intentionally discriminated against him because he was a male. Plaintiff alleges that he complained about her actions to the District Superintendent, Defendant Fenimore, who told Plaintiff that if he did not stop complaining he would be fired. Plaintiff alleges that according to the Church Book of Discipline the "agent in charge of the organization" who Plaintiff could talk to about discrimination, hostile work environment. and harassment issues was D.S. Fenimore. Additionally, Plaintiff alleges circumstances that give rise to an inference of discrimination. Plaintiff alleges that when Defendant MikelHayes took over as lead pastor, Plaintiff began to experience a decrease in his work responsibilities and did not receive pay increases while a less experienced female associate pastor received raises and increased responsibilities. This treatment continued until he took medical leave and was fired. Plaintiff maintains that MikelHayes admitted to having problems working with men stating she "flunked her... basic minimal standard psychological evaluation" and "that the doctor said that she would most likely have a hard time with men."Because Plaintiff alleges disparate treatment based on his gender by his direct supervisor which lead to a decrease in his job responsibilities and eventually his termination, Plaintiff has sufficiently alleged gender discrimination.
e. Hostile Work Environment/Sexual Harassment
Defendants argue that Plaintiff's allegations of do not rise to the level of a hostile work environment. A claim of hostile work environment requires a showing: (1) "that the harassment was 'sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment,' and (2) that a specific basis exists for imputing the objectionable conduct to the employer."Alfano, 294 F.3d at 373 (quoting Perry v. Ethan Allen, Inc., 115 F.3d 143, 149 (2d Cir. 1997) (internal citations and quotation marks omitted)). Additionally, "in order to establish a sex-based hostile work environment under Title VII, a plaintiff must demonstrate that the conduct occurred because of [his] sex." Id. (citing to Brown v. Henderson, 257 F.3d 246, 252 (2d Cir. 2001)).
A plaintiff can make a showing of hostile work environment by demonstrating either "that a single incident was extraordinarily severe, or that a series of incidents were 'sufficiently continuous and concerted' to have altered the conditions of [the plaintiff's] working environment." Id. (quoting Cruz v. Coach Stores Inc., 202 F.3 560, 570 (2d Cir. 2000) (internal quotations omitted)). To be considered a hostile environment the workplace must be "so severely permeated with discriminatory intimidation, ridicule, and insult that the terms and conditions of [the plaintiff's] employment were thereby altered."Id.; see also Leibovitz v. N.Y. City Transit Auth., 252 F.3d 179, 188 (2d Cir.2001) (citing Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 67 (1986)); Brennan v. Metro. Opera Ass'n, Inc., 192 F.3d 310, 318 (2d Cir.1999). In determining whether this threshold has been met "courts examine the case-specific circumstances in their totality and evaluate the severity, frequency, and degree of the abuse." Id.; see Harris v. Forklift Sys. Inc., 510 U.S. 17, 23 (1993) (relevant factors include "the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance."). The Supreme Court held that "a hostile work environment claim is composed of a series of separate acts that collectively constitute one unlawful employment practice." National R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 116 (2002). Therefore, the Supreme Court held that as long as "an act contributing to the claim occurs within the filing period, the entire time period of the hostile environment may be considered by a court for the purposes of determining liability."Id. at 117.
Plaintiff alleges that Defendant MikelHayes sexually harassed him when she made "unwelcome comments about [his] clothing fitting good [sic] and that [he] was hot." Plaintiff states that he did not like her comments and told her to stop. Specifically, Plaintiff alleges "on or about the third week of September 2006 MikelHayes said 'You look hot' and then began acting as if she were a cat with paws and began to paw at me and purr." Because these allegations occurred before June 28, 2007, they are time-barred unless a timely allegation can contribute to a hostile work environment based on gender discrimination.
Plaintiff does not allege any sexual harassment after June 28, 2007.The only allegations made after June 28, 2007 are that Plaintiff was yelled at by his superior Defendant MikelHayes, called a "fucking retarded ass" and a "fucking asshole," mocked for his disabilities in front of his co-workers and the congregation, and the congregation was notified of his medical leave without his consent. Plaintiff maintains that as a result of this treatment he became depressed and had to take medical leave. Plaintiff alleges that these isolated incidents occurred because Defendant MikelHayes was discriminating against him because he was male. The Court finds that Plaintiff's allegations are not sufficiently linked to gender and do not rise to the level of a hostile working environment. Accordingly, Plaintiff's cause of action for hostile work environment and sexual harassment must be dismissed.
f. Failure to Protect and/or Investigate under Title VII
Defendants argue that Title VII does not create an independent cause of action against an employer for the mishandling of employee's discrimination complaints and therefore the cause of action for "failure to protect and/or investigate" must be dismissed.Plaintiff alleges that he reported the discrimination through the correct channels but was told to stop complaining or he would be fired. Plaintiff's allegations are evidence supporting a cause of action for gender discrimination but do not support an cause of action independent from those already alleged. Plaintiff's cause of action for failure to protect and/or investigate is dismissed.
g. Violation of Due Process
Defendants argue that Defendants did not violate Plaintiff's due process rights because Plaintiff's expectation of continued employment is not a protected property interest pursuant to the Fifth or Fourteenth Amendments.A defendant cannot be held liable for a due process violation unless that defendant is acting under color of state law. Story v. Green, 978 F.2d 60, 62 (2d Cir. 1992) (to state a claim under with the Due Process Clause or the Takings Clause, plaintiff are required to allege facts showing that state action deprived them of a protected property interest.). Here, Plaintiff alleges that he was denied due process when Defendants "failed to provide an avenue for [his] complaints to be heard" and did not allow him to defend himself from July 2007 until the present day. Because the Defendants are not acting under color of state law Plaintiff's cause of action for due process violations must be dismissed.
h. Retaliatory Firing
To establish a Title VII retaliation claim, Plaintiff must show that: (1) "'[he] was engaged in a protected activity; (2) the employer was aware of that activity; (3) [he] suffered an adverse employment action; and (4) there was a causal connection between the protected activity and the adverse employment action.'" Perez v. New York and Presbyterian Hosp., 2009 WL 3634038, at *15 (S.D.N.Y. November 3, 2009) (quoting Reed v. A.W. Lawrence & Co., Inc., 95 F.3d 1170, 1178 (2d Cir. 1996)). Plaintiff has established that he suffered an adverse action when was terminated from his job as an associate pastor.
It is well established that reporting instances of discrimination is a protected activity under Title VII. Plaintiff alleges that he reported abuse by lead pastor MikelHayes to his superiors and, in retaliation, he was fired. "Proof fo the causal connection can be established indirectly by showing that the protected activity was closely followed in time by the adverse action." Manoharan v. Columbia University College of Physicians & Surgeons, 842 F.2d 590, 593 (2d Cir. 1988). On August 3, 2007 Plaintiff "met with D.S. Fenimore at his office... and asked him for help paying for counseling because [he] was having nightmare [sic] and depression over MikelHayes' abuse." Plaintiff alleges that in response to his complaint, Fenimore "warned [him] once again that [he] would be fired if [he] didn't stop. Plaintiff alleges this was the "second agent incharge of the organization to hear [his] complaint and threatened to fire [him] in retaliation for reporting [his] lead pastor [sic] treatment towards [him]. Plaintiff was fired two months later. Furthermore, Plaintiff alleges that at the meeting where he was fired he was asked whether Plaintiff threatened "to file a charge with the EEOC against MikelHayes" and Plaintiff answered yes. Because Plaintiff alleges that he was fired for reporting MikelHayes' conduct to his superiors, Plaintiff has sufficiently pled a cause of action for retaliatory firing in violation of Title VII.
For the foregoing reasons, Defendants' motion to dismiss is GRANTED as to MikelHayes, Fenimore, Hassinger, Snyder, Kriss, Nagele, Coates, Vickery, Learner, Pierce, and Fath United Methodist Church. Defendants' motion [dkt. #39] is GRANTED as to Troy Annual Conference on the claims of Hostile Work Environment, Sexual Harassment, Failure to Protect and/or Investigate Title VII violations, and Due Process Violation, and DENIED as to Gender Discrimination and Retaliatory Firing. Plaintiff's motion for summary judgment [dkt. #57] is DENIED for failure to follow Local Rule 7.1.*fn1
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subset: commoncrawl


text:
Discussion in 'Accessories' started by hotwater10, Feb 12, 2009.
Are these really uncomfortable as they look? They look hurtfull.
Ouch. That would hurt lol. You're not thinking of buying them are you? xD
1. They look absolutely disgusting!
2. They cost like £60! (ByTheWay™ I'm from the UK)
they look fuglish and hurtful
yea i dont like any skullcandy earbuds they all hurt
I have skullcandy ink buds and they are nice, they dont hurt (thats BS) and they have amazing bass
Why do they look like they hurt? The earpeice is made of silicon probably.
That's what I was thinking... Please Register or Log in to view images Sure the headphone themself might be clunky, but that won't make it hurt... The Denon C751's are pretty big yet they don't hurt...
------------------double post merged------------------
I find they have muddy bass, and it doesn't extend well.
Please Register or Log in to view images
I have these, the red ones, Please Register or Log in to view images
Anyway they don't hurt, only the silicon part goes in your ear, and the sizes for the silicon part are changeable too.
They sound awesome though. Worth the money. the cord is even coiled in metal, better than cheap plastic.
They also make one that has a mic hidden in the cord for the iphone/ipod touch. Please Register or Log in to view images
rofl, you couldn't have possibly thought that the chrome part went into your ears did u? Anyway only the rubber piece goes into your ear, and nothing else.
Oh boy, i hope nobody buys those Please Register or Log in to view images
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text:
- The Rainbow
- Talk Talk
- Spirit of Eden
The Rainbow
Talk Talk
Spirit of Eden (1988)
The Rainbow
Talk Talk
Spirit of Eden (1988)
A print from James Marsh's Spirit of Eden series
James Marsh
Listened to Talk Talk's whole discography today. God damn is this picture relevant as hell.
Talk Talk | Spirit of Eden (1988)
© Sarah Mahini
Talk Talk - Spirit of Eden (1988)
"I Believe in You" by Talk Talk
from Spirit of Eden
Talk Talk - I Believe In You
Spirit/How long?
When most people enjoy a record, they generally speak of the music's vibe. It makes them feel good for no specific reason; it provides a pleasurable escape from the agitations of life. But sample the reactions of those who have listened to Spirit of Eden, and it's immediately apparent that this record draws out the most private emotions. On Amazon.com the listener reviews include the following observations:
'It's the kind of music that makes you want to cry or write poetry'.
'It will cleanse you'.
'I don't even need to play it anymore; it's taken up permanent residence within'.
'… [it] caused me to ache, to sit still engrossed'.
'You can feel the surrender of a man'.
'If my house was on fire and I could save only one object, it would be this CD'.
'Take my freedom, for giving me this sacred album'.
'I played this album at my son's birth'.
Chuck Hicks (and some Amazon.com comments) on Talk Talk's Spirit of Eden (published on Popmatters, 2001)
If you ever feel that just because you're an ordinary listener you can't write about the music you like, let this tell you that you're wrong and that your words matter more than all the rest. Too bad Chuck Hicks pointed out these comments as an exception, when he should know that people can say a lot more than "it's good" on any album they truly like.
My favorite of these quotes is "you can feel the surrender of a man". No gradiose words, just a simple straightfoward sentence that reflects not only an interpretation of the album, but how deeply it affected him/her too.
That ain't me babe
I'm just content to relax
Than drown within myself
Ian is going to say "Well duh!" but this is a really good album.
Like holy shit.
For CZ
And you went into a trance
Your childlike vision became so fine
And we heard the bells inside the church
We loved so much
And felt the presence of the youth of
Eternal summers in the garden
Just you and I and nature and the holy ghost
In the garden, in the garden, wet with rain
No Guru, no method, no teacher
Just you and I and nature
And the Father in the garden ~Van Morrison (In the Garden)
© Susan Kramer 2015 All Rights Reserved
Talk Talk - I Believe In You
Talk Talk - Wealth
Spirit of Eden
Da preadolescente tra le mie passioni oltre a Falcao e Paul Weller (prima che arrivasse Simon Le Bon, s'intende) c'era Mark Hollis. I Talk Talk hanno avuto una carriera non tanto lunga (circa 10 anni) ma eccezionale. Hanno esplorato vari territori, fino al bellissimo Spirit of Eden, il penultimo album della loro storia, intima avventura in una specie di territorio ambient post rock.
Life's What You Make It invece fa parte di The Colour of Spring del 1986.


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iHerb Customer Reviews
Savings of: $10.01 (36% off)
Excellent greens powder!
Posted by eathealthy on Jun 29, 2013
This greens powder is an excellent addition to a morning protein shake to boost blood purifying and anti-oxidant intake with chlorella, matcha tea, etc. It has a great list of greens that help boost energy levels and cleared up my skin from one months of use!If you like my review check out my page by clicking my name in blue above to see reviews of all the products I have purchased from iHerb!
Super Greens is Great
Posted by Reviewer2810478 on Mar 24, 2010
Taking this daily, I feel full of energy. I would HIGHLY recommend this product!!
the best green cocktail
Posted by zsuzsa on Jan 11, 2011
simply the best green mix i've ever had, and i've been through a dozen. its easy on the stomach, and you feel the results immediately. 5 stars!
extraordinary product
Posted by Reviewer3137418 on Jul 31, 2011
Wow, this is a superior greens blend. After the first couple of days using it, I could feel it working, and I can tell when I haven't taken any. It helps keep my mind and body cleansed and my energy flowing. I am so happy to have finally found my favorite greens powder! In my opinion, lots of others have too many ingredients which aren't particularly powerful or synergistic. I think Madre has chosen well just the right grasses, herbs, and vegetables that one buys a green formula for. I am very impressed and happy with Midori Greens. :)
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I love it. Great ingredients, and it tastes simply delicious. Give it a try ;o)
Great product
Posted by Reviewer1094280 on Aug 30, 2010
This is a great product. I have used Garden of Life which is terrific also (both give me energy) but comparing the ingredients in the products, I think Madre Labs wins out with a higher concentration of the more beneficial stuff!
I'm saving money
Posted by Reviewer1107737 on Mar 02, 2010
I don't eat enoungh greens or veggies. This is a great sub for that requirement. I don't have any waste to throw away if a veggie goes bad so, I save money and stay healthy at the same time.
No fillers
Posted by francesjoan on Jul 30, 2011
Not tasty on its own but when mixed with a juice it's great. I love that it has no fillers. It has a very green clean taste kinda grassy but tastes very healthy. To save money I buy bulk spirulina and other greens in one pound bags. But this is a very good green powder with all kinds of different greens.
Posted by Reviewer1073358 on Aug 03, 2011
Taste is mild and easy to take plain water. It gives me a boost of energy.
best ever
Posted by Reviewer1228874 on Jan 17, 2011
I can feel recover of my fatigue..as soon as I drink this.. the best product of Madre labs..


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1150 S DEER VALLEY DR Park City, UT 84060
Hi, Blueroof 360.
My name is
and I have a question about 1150 S DEER VALLEY DR Park City
You can respond by either emailing me at
or call during
My Question Is:
Estimated Monthly Payment$5,051
- Photos
- Location
- Questions
- Share
- Mortgage Calculator
- Status: Pending
Listing courtesy of Metropolitan Real Estate - Park City
Currently in a one year lease, renter paying $1200.00 a month. All furnishings included. It is located in Old Town close to many amenities within walking distance including a park, two ski resorts and Main Street.
Interior Features Include:
Dishwasher, Built-In, Disposal, Range/Oven: Free Stdng.
Basement None/Crawl Space
Fireplaces 0
Heating: Forced Air, Gas: Central
Floor Type: Carpet, Hardwood, Tile
Exterior Features Include:
Acreage: 0.0100 Acres
Lot: Curb & Gutter, Sidewalks, Sprinkler: Auto-Full, Terrain, Flat, View: Mountain
Landscape Landscaping: Full
Roof: Asphalt Shingles
Exterior: Brick, Stucco
Driveway Asphalt
Other Features Include:
Subdivision: SNOW COUNTRY
Inclusions: Dryer, Microwave, Range, Refrigerator, Washer
Amenities: Cable Tv Available
Water: Culinary
Utilities Gas: Connected, Power: Connected, Sewer: Connected, Sewer: Public, Water: Not Connected
Taxes 748
School District: Park City
Information deemed reliable but not guaranteed accurate. Buyer to verify all information.The multiple listing information is provided by Wasatch Front Regional Multiple Listing Service, Inc. from a copyrighted compilation of listings. The compilation of listings and each individual listing are © 2014 Wasatch Front Regional Multiple Listing Service, Inc., All Rights Reserved. The information provided is for consumers, personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.


text:
10/26/2009Provided by Citysearch -
On a 5 day business trip we were steered to La Tavola...BEST dining we had the WHOLE trip, and we tried many recommended places. We were impressed with the staff, they were the Host/Hostess, Bartender, Waiter/Waitress, bus folks, and delivery persons....and they did all jobs with a SMILE. Emily, our waitress, was helpful with suggestions answered all questions and even wrote down ingredients to our dishes.
The food was INCREDIBLE, all fresh. The bread was so good and fresh, makes me want to be a baker. The dinner and desserts were mouth watering. The portion was perfect, you walked away with a full feeling, not a bloated or over stuffed.
Highly recommend!


text:
Monday, October 20, 2008
Industrial style furniture
Pottery Barn's Table--
Get Back's table--
It extends at each end
Some other cool offerings from Get Back
4 comments:
- citysage said...
Mmm...love the raw, timeworn look of industrial pieces. I especially love the idea of finding old library bookshelves and museum display cases that have this sort of industrial edge to them- a great way to work the look into your home and to imagine the history behind the pieces too!
Sometimes universities have furniture sales and get rid of old laboratory furniture for crazy low prices...worth keeping an eye open for!
- October 21, 2008 at 1:06 PM
- Suzann @ Lavender and Roses said...
PB's table is circled, highlighted and posted throughout my house (think hubby realizes I want it?) it is just the BEST table ever!! Love the pieces you've showcased here. That office chair is to die for.
- October 21, 2008 at 7:50 PM
- james said...
All sorts of furniture solutions, starting from office furniture (mobili per ufficio), equipped walls, furniture used in schools and colleges, office chairs et all are available with http://www.momi.it and however, as soon as you submit your furniture requirements with us, we would ensure to deliver our furniture solutions at the earliest convenience.
- November 11, 2008 at 11:58 PM
I have been searching high and low for good industrial furniture... INCREDIBLE STUFF at Get Back, Inc . Thanks for the tip.
- June 5, 2010 at 3:12 PM


text:
Explore these ideas and much more!
digital scrapbook Inspiration layout
Digital Scrapbooking Inspiration Layout Christmas Winter
Vintage Digital Scrapbooking Inspiration
digital heritage layout
Ancestry Scrapbooking Layouts | Ancestry Digital Scrapbooking Layout | Flickr - Photo Sharing! - I like the young and older shots together...
Heritage layout created with the My Heritage Graphic Pack by Robyn Gough @ the Creative Pixel, digiscrap, digital scrapbook,
I love this early photo of my grandparents. They look so happy in this photo and I know they must have had a difficult life considering my Oma suffered a lot from mental illness. Created with my Vintage Spring Value Collection. Digital Scrapbook Layout, digiscrap layout, heritage layout, family history layout
scrapbook layout
scrapbook vintage layout


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|.:Official Hacked Battle Contest I:.; Virus Battler Trial
|Topic Started: Feb 19 2008, 11:05 PM (6,349 Views)
|Feb 19 2008, 11:05 PM Post #1
BN Guides Author
This is the first hacked battle contest headed by me. It will be simple for now. I am asking for a video of a difficult Virus Battler type of battle.
* You must be Megaman, or any other Link Navi. You cannot use chips.
* Opponent is Falzter at the weakest level
* You can fill your field to 4 enemies
* You don't have to delete Faltzer in time
* Don't post your video until the deadline. No one must know your results
* If you do win, the higher-rated video will win out of all of them
* You can change aspects like stage and music and WMM edits, but no more
I might update these tomorrow, seeing as how it's 10:00pm over here. Please, if you have any questions, post now, because it begins now.
Deadline is one week from Wednesday.
|The Rockman EXE Zone | YouTube
|1 user reading this topic (1 Guest and 0 Anonymous)
|« Previous Topic · Contests · Next Topic »


text:
Tags: nylons
Nylon-Zine - editions available for print: Nylon-Zine 51
Nylon-Zine 51 Featuring: Cha Cha by Weird Rabbit Studio, Cherry Belle by Jolie Cherie Boudoir by Veronica Clark, Juniper Crush by Phil Mairs, Toxic…Standard / 8.25" x 10.75"Print + Digital: $19.99
Sinical Magazine: Sinical July 2016 - Angela Ryan
Sinical July 2016. Featuring: Angela Ryan, Bella Isadora, Elektra Cute, Honeyhair, Sway, and Willow Marie Lane.Standard / 8.25" x 10.75"Print + Digital: $19.99 Digital: $6.66
Nylon-Zine - editions available for print: Nylon-Zine 49
Nylon-Zine 49 Edition: Featuring: Dita Von Teese by Christophe Mouthé at Le Crazy Horse, Le Crazy Horse Dita's Crazy Show, Seffy Moon, Nadia…Standard / 8.25" x 10.75"Print + Digital: $32.55
Sinical Magazine: Sinical March 2016 - Roxi D'Lite cover
Sinical March 2016 issue. Featuring: Annalee Belle, Roxi D'Lite, Evilyn 13. Goldie Golden, July Shine, and Pandalie.Standard / 8.25" x 10.75"Print: $19.99
Sinical Magazine: Sinical Magazine December 2015 - Vanessa Lake
Sinical Magazine December 2015. Featuring: Vanessa Lake, Athena Fatale, Janet Fischietto, Julie Gems, Tiffany Helms, Brittany Jean, and Rivi Madison.Standard / 8.25" x 10.75"Print + Digital: $19.99 Digital: $4.99
On Point Magazine Issue #6
Getting Down to Business with Suzy Savage features the some sexy ladies in the Sexy Secretary Business attire, definitely guaranteed to get you ready…Standard / 8.25" x 10.75"Print + Digital: $19.95 Digital: $10.99
On Point Magazine - Special Edition #3 (Piper Rose)
This Special Edition Issue Features Piper Rose. She is a Fashion/Boudoir Model from New Jersey. Get to know Piper through her lovely images and…Standard / 8.25" x 10.75"Print + Digital: $21.95 Digital: $10.95
On Point Magazine Issue #2
This 64 Page Lingerie Edition Features Model Cassidy Lin with Images & Interviews. Also features Elaina Ford, Suzy Savage, & Brooke Forker.Standard / 8.25" x 10.75"Print + Digital: $18.00 Digital: $7.95
Killer Gamz - Premier Issue
Premier Issue of Killer Gamz featuring exclusive pics of Keani Cochelle, Mercedes Scrivens, Best Kept Secret, Exotic Plus Model (a.k.a. Caked Up…Standard / 8.25" x 10.75"Print + Digital: $9.80 Digital: $3.00
Classic Pinup Art-Peter Driben: Looking at legs-Through the Keyhole
Looking at legs-Through the KeyholePoster / 12" x 18"Print + Digital: $8.00 Digital: $3.00


text:
Please refer to JobSuchmaschine in your application
Skills:Asset Management, Private Equity
Required languages:English
On behalf of our client, an Asset Management company based in Zürich-City, Swisslinx is seeking a highly motivated individual to take on a challenging role within their Private Equity department.
This is a great opportunity to bring your proven knowledge and expertise to an organisation that offers a dynamic working environment.
Your duties will include but will not be limited to:
• Sourcing private equity secondary opportunities through interaction company's broad network and intermediary community
• Screening investment opportunities and executing due diligence
• Working persistently towards sales and activity goals
• Acting as a liaison between portfolio managers and financial intermediaries
The successful candidate will hold the following skills/qualifications:
• Minimum 3 years of relevant work experience in the field of private equity or investment banking
• Bachelor's degree required (Master's degree is a strong advantage)
• Strong written and oral communication skills
• Excellent listening and profiling skills
• Motivated team player with strong interpersonal, organizational, time management and problem solving skills
If you have all the above attributes please send your application today!
Contact person:Yuliya Olonetzky


text:
Articles for Domestic Cricket
12 Aug
Poloc president Keith Young last night led the tributes following the death of cricket superstar Hanif Mohammad - one of the greatest players ever to grace the Scottish domestic stage.
Scottish Indians versus Scottish Pakistanis11 Aug
The third annual Scottish Indians versus Scottish Pakistanis fixture will take place on the 14th of August 2016 at Shawholm , home of Poloc Cricket Club.
10 Aug
Kelburne CC are having a memorial day for Kenny MacLeod on Sunday 14th August at Kelburne.
07 Aug
Cricket Media review the fifthteenth week of fixtures in the Eastern and Western Premier divisions.
06 Aug
Cricket Media preview the fifthteenth week of action in the Eastern and Western Premier divisions.
05 Aug
Every two weeks this summer Gary Heatly will be updating us on how things are going in Baillie Gifford ESCA Divisions One to Eight.
Multicultural Development Officer Consultation Evening05 Aug
Cricket Scotland wish to invite representatives from cricket clubs and the local community along to an open consultation evening Poloc Cricket Club regarding a proposed Multicultural Cricket Development Officer role and remit with Cricket Scotland based in Glasgow.
CS announce four independent non-executive directors01 Aug
Cricket Scotland have announced four independent non-executive directors to the Board of Cricket Scotland Limited, the company that runs cricket in Scotland on a day to day basis.
Grange win 2016 Murgitroyd T20 Final01 Aug
Grange CC lifted their third Murgitroyd T20 title in four years on Sunday 31 July at Shawholm after sealing a convincing win over Aberdeenshire CC.
31 Jul
Cricket Media round up a dramatic days cricket in the fourteenth round of fixtures in the Eastern and Western Divisions.


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Hella Oblong Wide Rim Clear Lens LED Interior Lamp - Red (959510707)
- New - Open Box 1 Left
- Item looks and feels new Packaging may show wear
List Price $39.99
Please note: BLINQ sells products in multiple conditions (new, open box, refurbished, etc). Not all reviews are reflective of the condition that you may purchase.
No reviews found
- Description
- Interior LED lamp. Please check compatibility before purchase.
- 760687035589
- Brand
- Hella
- Model
- 959510707
- Part
- 959510707
May We Also Suggest
How BLINQ Works
- Retailer needs to move overstock, open box & refurbished inventory.
- BLINQ receives inventory and professionally inspects each item.
- Condition is determined, with only the best items passing inspection.
- Item is heavily discounted on BLINQ.com to sell quickly.


text:
The History of Miniature Golf
June Melby, Author, "My Family and Other Hazards," addresses the rise and fall in popularity of miniature golf from its beginnings in the 1920s during the Great Depression to the present. Melby shares stories of her summers working at her family's miniature golf course.
The Challenge of Democracy after the "Third Wave"
F. Peter Wagner, Associate Professor, Political Science, UW-Whitewater, discusses the three waves of global democratization: from 1820s until the aftermath of World War I, after World War II, and from the 1970s until the early 1990s. Wagner delves into the fourth wave which includes the Arab Spring.
Democracy and Social Protest in the Middle East
Molly Patterson, Assistant Professor, History, UW-Whitewater, explains the Arab Spring movement in Saudi Arabia and its effect on the Shia Muslim population.
Kissel, Wisconsin's Luxury Automobile
Dawn Bondhus Mueller, Executive Director, Wisconsin Automotive Museum, Hartford, presents the history of the Kissel Motor Car Company, the manufacturer of custom built automobiles, located in Hartford from 1906 until 1931. Although fewer than 200 complete cars exist today, Kissel produced around 35,000 cars within a twenty five year span.
Communicating the Stories of Science
Deborah Blum, Professor, School of Journalism and Mass Communication, UW-Madison, discusses the corrupt atmosphere in the 1930s which lead to forensic scientists joining with the police to determine cause of death. Blum focuses on poisons often used in the early 20th century to commit murder.
Eva Schloss: Holocaust Survivor
Eva Schloss, Survivor, Auschwitz-Birkenau concentration camp, shares her memories of the Holocaust and her capture by the Nazis in 1944 on her 15th birthday. Schloss and her mother were freed by Russian troops in 1945; her father and brother did not survive. Her mother later married Otto Frank, father of Anne Frank. Schloss went on to co-found the Anne Frank Trust UK in 1990.
The Sami People of the North
Tom DuBois, Professor, Department of Scandinavian Studies, UW-Madison, joins University Place Presents host Norman Gilliland to discuss the indigenous people of Northern Europe, the Sami. DuBois explains the culture of the Sami people who have lived in the area for thousands of years.
The Road to Appomattox
Stephen Kantrowitz, Professor, Department of History, UW-Madison, joins University Place Presents host Norman Gilliland to discuss the surrender by Robert E. Lee to Ulysses Grant at the Appomattox Courthouse, ending the Civil War. Kantrowitz explains the political situation surrounding the war and discusses the circumstances which led to the surrender.
Living in the Extreme in Sierra Leone
Thierry Cruvellier, Journalist and Author, discusses history, politics, civil war, reconstruction and the Ebola outbreak in Sierra Leone. Cruvellier delves into how humans behave in times of crisis when faced with difficult choices.
Forensic DNA
Josh Hyman, Director, Biotechnology DNA- Sequencing Facility, UW Madison, tells the story of PFC Lawrence Gordon, a Canadian fighting for the U.S. who was killed in World War II. Gordon's remains were mislabeled and missing for years. Eventually the remains were found and using forensic DNA sequencing were verified as belonging to Gordon.


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Scattered CloudsH:17°C L:13°C
09 December 2016
Escape on a quick city break to Malta and make sure to visit Palazzo Falson, a jewel found in one of Malta's most idyllic cities, Mdina. Discover more.
My name is Sabine Jung. Born and raised in Berlin, Germany, I traded the hustle and bustle of the city
for the sun, sea and sand of the Maltese islands. Having visited Malta on holiday at the age of 17, I fell
in love with the warmth of the Maltese and lost myself in the streets of Valletta. Since then I visited the
islands on a regular basis until I decided to settle in Malta for good. My interests lie in the great arts,
music and entertainment of which Malta offers plenty.The brainchild of a 27 year old woman, this blog aims to unleash the wondrous activities of my life in
Malta. With plenty of events on all the time, I bring you a taste of the action and why it is great to live
amongst the Maltese.Having settled permanently in Malta in 2005, I bring you a fusion of characteristics and explorations that
make my days a little more colourful.Embark on this journey with me to discover the charisma and attraction of the Maltese Islands.
29 November 2016
Get in the festive spirit with Air Malta's list of the best Christmas Markets in Europe. Discover more to inspire your winter wanderlust!
25 November 2016
Packing appropriately for Maltese weather may prove to be a little tricky, so we've compiled a list of 7 essentials to bring along. Discover more.
24 November 2016
Malta is proud to present the National New Year's Eve Festival for 2016/17 in the heart of the beloved capital, Valletta. Discover More!
22 November 2016
Plans for the World Cat Show Malta 2016 are in full force. The event is being organised by the Malta Feline Guardians Club, for the first time. Discover more.
21 November 2016
Finding the ideal destination to travel with kids is no easy task. Check out our list of recommendations for the ideal family holiday in Malta this winter.
04 November 2016
Our top picks for Winter City breaks in Europe! Discover more.
25 October 2016
Seafood is understandably a very big part of life in Malta. If you love seafood, you'll never want to leave. Discover more to see our definitive list of seafood dishes you must try!
24 October 2016
The Grand Harbour in Valletta is a spectacular sight to be see, made even more amazing by the fortifications dotted along it. Discover more to learn about these forts!
21 October 2016
The towering Cittadella sits high above the city of Victoria in Gozo.It's the first thing you'll see if you're visiting the city. Discover more to learn about the magnificent structure
Escape on a quick city.....more
Get in the festive.....more
Packing appropriately.....more
Malta is proud to.....more
Plans for the World Cat.....more
Finding the ideal.....more
Summer is just around.....more
Visit the beautiful.....more
For the 10th year in a.....more
Head on down to the.....more
Spend any time in.....more
Maltese sculptor.....more


text: Ok well I know that there are no jailbreaks currently for the 2Gen Ipod Touch. I have a few questions about jailbreaking though. It sounds really cool to do, but i want to know more about it before approaching it. There isn't a jailbreak for the 2nd Gen Ipod touch or for the Firmware that comes with it? Are all jailbreaks the same for a specific Firmware version?(i.e. there is only one, or more than one but all the same, jailbreaks for 1.1.1 or 2.0?) Are there any downloads that are required after you download the installer for the Ipod Touch, or can you just download anything you want for fun and mess around from there? Are the downloadable apps/systems/games/etc. from the installer everything you can download after you jailbreak, or is there more from another app like the installer?


text:
You won, dude. You've terrified everyone around you…and also, good for you, honestly.
I assume in this case Florida news station WJXT4 was just way more mature than the average person when they put up a Facebook post featuring what looks like a crudely drawn…
You know, normal crime stuff.
Teenagers are horrible monsters we let survive out of sheer fear and a tiny slice of empathy.
Dude, where's my car? Oh, there it is, being chased by a swarm of 20,000 bees! Joking aside, this actually happened to someone and that must have been fucking terrifying.
Have you ever found yourself sitting under the fluorescent lights of a fast food restaurant thinking, if only there were a sauna downstairs so I could sweat out this chili…
This creepy and invasive epidemic is sadly still ignored and considered legal in much of America.
People with "genetic sexual attraction" who pursue that attraction through "incredible and mind-blowing" sex are taking things to the next level. That level is called INCEST.
Maybe this is the salad we've deserved all along.
Sometimes the story of a crime is so surreal it sounds more like the plot of an arthouse film than an actual violent crime.
But they're trying to fix it.


text:
The following is an opinion, written by your HMMWV driver.
Shit. Hey, the mirror moved again. You mind fixing it? Yeah just pull it in a little bit. No, the frame part, not the mirror itself.
Pull it in. Little more. Little more. Little … Too far. Push it back. Yeah, getting warmer. Warmer. Warmer. Disco. Thanks.
Wait, yeah, actually move the mirror instead. Just a touch. Just a bit. Just a skoch. Out just one more red cunt hair. Too far, bring it back. Yeah. That's good.
No, shit. Yeah, move the frame. Pull it obliquely. What do you mean "what do you mean?" Obliquely, motherfucker, do you speak it? At a fucking angle. Just about an inch. Little more. Little more. Little …
Too far.
Push it back. Yeah, rearwards and forward. What? Rotate anti-clockwise while pushing the frame inward toward the A-pillar. Well excuse me for knowing my fucking automotive terms.
Ok, just about there. Little more. Little more. Yeah. that's got it.
Yeah, the motor pool says they've got new mirrors in. Fucking battalion commander's truck will probably get twenty of the motherfuckers before we get one. His whip's going to get festooned with the cocksuckers. His shit's going to look the scooter on the "Quadrophenia" album cover. Meanwhile I gotta blow two goats to get a fucking wingnut and some Loctite for these fucking mirrors. Yeah, it's on the 2404.
What? The Who. No, dipshit. The name of the band is The Who. It's a concept album.
Shit. Mirror moved. Fix it for me, will ya?
Parking brake's been on this whole time.
What sucks is after all that hard work, some fucker will fling the door open and knock the mirror out of alignment again.
Can you see the real me Doctor, Doctor? https://www.youtube.com/watch?v=82oVtqrCpaI
LOL and that's not even the original mirrors, hey the money they saved they spent on the seats.
Heh. Must be a trucker thing. Not to sure I get the joke. We'll written though.


text:
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Ritholtz's Reads: Pushing Back on Buybacks
Barry Ritholtz is a Bloomberg View columnist. He founded Ritholtz Wealth Management and was chief executive and director of equity research at FusionIQ, a quantitative research firm. He blogs at the Big Picture and is the author of "Bailout Nation: How Greed and Easy Money Corrupted Wall Street and Shook the World Economy."
Read More.
Read More.
Almost recovered. Who ever would have imagined it would be this easy?! Don't relax just yet -- you still have our morning train reads:
- Margin Calls Bite Investors: Banks Loans secured by investment portfolios have become a booming business for Wall Street brokerages; the bill comes due (WSJ)
- Corrections: What Do People Hear? (Irrelevant Investor)
- Dudley Puts The Kibosh On September (Tim Duy's Fed Watch)
- Pushback on Buybacks: A closer look at the numbers indicates buybacks aren't as good for the companies, the market, or investors as previously thought (Barron's)
- Art Collectors Were Busy Looking for Liquidity During Market Rout (Bloomberg)
- China's 'major correction', charted and extrapolated (FT Alphaville)
- @GSELevator and the Decline of the Trading-Desk Memoir (New Yorker)
- Iran's Moderates Used Nuclear Deal to Save the Revolution (Bloomberg View)
- America's unique gun violence problem, in 17 maps and charts (Vox) see also America's Top Killing Machine: Gun deaths are poised to surpass automobile deaths in the United States this year. (The Atlantic)
- What is dark energy? (ExtremeTech)
What are you reading?
How the Fed Usually Reacts to Declines in the Stock Market
This column does not necessarily reflect the opinion of the editorial board or Bloomberg LP and its owners.
To contact the author on this story:
Barry L Ritholtz at email@example.com
To contact the editor on this story:
Cameron Abadi at email@example.com


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THIS IS A DIRECTORY PAGE. Britannica does not currently have an article on this topic.
Learn about this topic in these articles:
contribution to cricket
...Victorian England, on its side, England was often too strong for the Australians, though Australia had the greatest bowler of this era in F.R. Spofforth and the first of the great wicketkeepers in J.McC. Blackham.


text:
Cyber Acoustics AC-401 Headset AC401 Reviews
- Other Headsets:
- Average: 4.1
- High: 5.0
- Brand:
- Cyber Acoustics
- Model:
Read 3 Reviews
REVIEW SNAPSHOT®by PowerReviews
Reviewed by 3 customers
Sort by
Comments about Cyber Acoustics AC-401 Headset:
Since my other higher quality headset broke, I have resorted to use this one. For the price, it's okay, nothing special. The comfort level of this headset is not very good. My ears hurt after wearing these after a couple hours. Also if you have hair, it can get stuck inside the adjustable headband, which hurts....a lot. The sound quality is decent. I game a lot and I wouldn't recommend this for gaming. This headset is for people who will use it for Skype chat or something along these lines. The volume of this headset starts to get crackly when set at a high volume. The microphone is attached quite poorly and vulnerable to breaking. The swivel that the microphone is attached on broke very easily and once it breaks it is quite annoying. My solution to this was to just super glue it and now it's stuck and not adjustable. The foam piece that is on top of the microphone comes off pretty easily as well. Overall I would probably recommend the this only to recreational users.
Best Uses
Comments about Cyber Acoustics AC-401 Headset:
what the AC-401 was designed to do. DNCT is designed to reduce the amount of ambient noise captured by the to give clearer recordings. It has one obvious microphone, adjustable headband, padded , in-line volume control microphone and a swiveling, flexible mic boom. Since the AC-401 has only one obvious mi. The mic is specalized in backround noise reduction and it sure does deliver. Some cons are that you have to get used to the fit. it feels uncorforitable because of the tightness. The earpad is not very thick so it hurts the ears. The plastic also rubs against the top of the head and can hurt. Once you take off the headset you can feel your ears are hot. Another con is that it has no volume control availble on the mic. You have to go into the options yourself and do it witch can be annoying if you are busy at the time or playing a game. The headset has no problems when it comes to connecting to computers and it is decent quality bass.
I give this a 7/10
- Affiliation:
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United States District Court, E.D. California
March 30, 2015
NATHAN SESSING, Plaintiff,v.JEFFREY BEARD, et al., Defendants.
FINDINGS AND RECOMMENDATION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT WITH PREJUDICE (ECF No. 18)
MICHAEL J. SENG, Magistrate Judge.
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. He has declined Magistrate Judge jurisdiction. (ECF No. 5.) The First Amended Complaint was dismissed for failure to state a claim. (ECF No. 13.) Plaintiff's motion to amend his Second Amended Complaint was granted before that complaint was screened. His Third Amended Complaint is now before the Court for screening. (ECF No. 18.)
Section 1983 "provides a cause of action for the deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States." Wilder v. Virginia Hosp. Ass'n, 496 U.S. 498, 508 (1990), quoting 42 U.S.C. § 1983. Section 1983 is not itself a source of substantive rights, but merely provides a method for vindicating federal rights conferred elsewhere. Graham v. Connor, 490 U.S. 386, 393-94 (1989).
To state a claim under § 1983, a plaintiff must allege two essential elements: (1) that a right secured by the Constitution or laws of the United States was violated and (2) that the alleged violation was committed by a person acting under the color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988); Ketchum v. Alameda Cnty., 811 F.2d 1243, 1245 (9th Cir. 1987).
A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief...." Fed.R.Civ.P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009), citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Plaintiff must set forth "sufficient factual matter, accepted as true, to state a claim that is plausible on its face." Id. Facial plausibility demands more than the mere possibility that a defendant committed misconduct and, while factual allegations are accepted as true, legal conclusions are not. Id. at 667-68.
Plaintiff, a prisoner housed at the California Substance Abuse and Treatment Facility in Corcoran, California ("CSATF"), is a practitioner of Asatru/Odinism, an "earth-based, " polytheistic religion originating in Northern Europe several thousand years ago. Plaintiff claims that Defendants' denial of his request to construct an outdoor worship area for the exclusive use of Asatruar, or Odinists, violates his Free Exercise rights under the First Amendment, his right to Equal Protection under the Fourteenth Amendment, and substantially burdens his religious practice under the Religious Land Use and Institutionalized Persons Act (RLUIPA).
Plaintiff names as Defendants (1) Beard, California Department of Corrections and Rehabilitation ("CDCR") Director, (2) Stainer, CDCR Division of Adult Institutions Director, (3) Sherman, CSATF Warden, and (4) Smith, CSATF Community Partnership Manager.
Plaintiff does not dispute that CSATF already has "pagan grounds" available for his outdoor worship needs. (ECF No. 18, at 25.) Pursuant to a 2010 memorandum entitled "Pagan Grounds, " signed by Defendant Sherman's predecessor, Ralph Diaz, outdoor worship areas were designated on each yard. (Id.) These areas are not permanently fenced off or separated from the rest of the yard, but are "zoned off by using orange cones" during times of worship. (Id.) The pagan grounds are available for use by "other religious groups, " including Asatruar/Odinists. (ECF No. 18, at 15, 16).
Plaintiff filed a grievance outlining his dissatisfaction with the existing pagan grounds, as well as with a 2012 memorandum signed by Defendant Stainer's predecessor, Kathleen Dickinson, which states that "establishing new Outdoor Worship areas [is] not authorized." (ECF No. 18, at 23.) Plaintiff objects to the amenities of the pagan grounds, claiming that "setting up cones in the yard is not acceptable, " and that he needs a fire pit, altar, and circle of stones. He claims that Native Americans are allowed to have a fire pit. He does not specify whether this fire pit is located on the pagan grounds or in a separate area, or whether Odinists are able to make use of it, too.
In any case, Plaintiff objects to sharing an outdoor worship space with other faiths, specifically Native Americans, because "that would transgress against their deities and his deities." (ECF No. 18, at 4). He includes background materials on Asatru which elaborate on the importance of having "sacred land" for outdoor worship that is "secure from trespassers." (ECF No. 18, at 29). The materials claim it is "imperative to Asatru worship that such sacred places be used only by the Asatru worshippers" because "by sharing land, we are creating an environment of confusion and loss of focus for not only ourselves, but those spirits that we are calling upon to partake in the ritual with us." (ECF No. 18, at 37.)
Plaintiff argues that proceeds from inmate fund drives could be used to offset construction of the new Asatru worship grounds.
Plaintiff's grievance was partially granted at the first level by Defendant Smith's predecessor, Cote, noting that "an outdoor area has previously been designated for religious faith groups to worship outdoors, " and that if Plaintiff wished to use "the outside worship area already in place, [he could] do so by making arrangements" with the chaplain. (ECF No. 18, at 11.) At the second and third level of review, reviewers cited the 2012 memorandum prohibiting construction of new religious grounds, and denied Plaintiff's request for a separate worship area. The denials noted that monies from inmate drives cannot be used for religious purposes.
Plaintiff specifies that he is suing Defendants in their official capacities and requests a permanent injunction ordering Defendants to construct an Asatru worship enclosure that includes a fire pit, altar, and circle of stones. He also seeks costs and appointment of counsel.
Plaintiff argues that denial of his request to construct a new outdoor worship area, made in reliance on the CSATF policy outlined in the 2012 memorandum, violates his rights under the First and Fourteenth Amendments, as well as RLUIPA. Plaintiff fails, however, to establish that the denial of separate outdoor grounds (1) substantially burdens his free exercise, (2) results in unconstitutional disparate treatment, or (3) substantially burdens his religious exercise under RLUIPA. To the extent that Plaintiff argues Defendants have denied him use of a fire pit while allowing Native Americans to use it, the Court finds that he has not pleaded sufficient facts to support an Equal Protection claim. The court will recommend dismissal of his third amended complaint. Because the court recommends dismissal, plaintiff's request for appointment of counsel is moot.
A. Free Exercise - First Amendment
Under the Constitution, "reasonable opportunities must be afforded to all prisoners to exercise the religious freedom guaranteed by the First and Fourteenth Amendments." Cruz v. Beto, 405 U.S. 319, 322 n.2 (1972); see also O'Lone v. Estate of Shabazz, 482 U.S. 342, 348 (1987) ("Inmates... retain protections afforded by the First Amendment, including its directive that no law shall prohibit the free exercise of religion."). However, as with other First Amendment rights in the inmate context, prisoners' rights may be limited or retracted if required to maintain institutional security and preserve internal order and discipline. Bell v. Wolfish, 441 U.S. 520, 546 (1979).
The protections of the Free Exercise Clause are triggered when prison officials substantially burden the practice of an inmate's religion by preventing him from engaging in conduct which he sincerely believes is consistent with his faith. Shakur v. Schriro, 514 F.3d 878, 884-85 (9th Cir. 2008); Freeman v. Arpaio, 125 F.3d 732, 737 (9th Cir. 1997), overruled in part by Shakur, 514 F.3d at 884-85; see also Lau v. Harrington, 2012 WL 3143869, *8 (E.D. Cal. August 1, 2012).
Restrictions on access to religious opportunities must be found reasonable in light of four factors: (1) whether there is a "valid, rational connection" between the regulation and a legitimate government interest put forward to justify it; (2) "whether there are alternative means of exercising the right that remain open to prison inmates"; (3) whether accommodation of the asserted constitutional right would have a significant impact on guards and other inmates; and (4) whether ready alternatives are absent (bearing on the reasonableness of the regulation). Turner v. Safley, 482 U.S. 78, 89-90 (1987); Mauro v. Arpaio, 188 F.3d 1054, 1058-59 (9th Cir. 1999). Accordingly, prison regulations and operating procedures require reasonable efforts to provide for the religious and spiritual welfare of inmates.[1]
Here, the Court does not question the sincerity of Plaintiff's belief in the importance of practicing Asatru in a separate, sacred, outdoor place of worship. However, the court declines to find that Plaintiff's exercise has been substantially burdened. Plaintiff has certainly not been denied "all means of religious expression." Ward v. Walsh, 1 F.3d 873, 877 (9th Cir. 1993), citing O'Lone, 482 U.S. at 351-52; see Pierce v. County of Orange, 526 F.3d 1190, 1209 (9th Cir. 2008) (denial of all access to religious worship opportunities can violate the First Amendment). Prison officials have expressly indicated that both the chapel and the pagan grounds are available for his use. Thus Plaintiff retains adequate avenues of religious expression.
Because Plaintiff has failed to establish that his free exercise was substantially burdened by the prohibition against constructing new religious grounds, the Court will recommend dismissal of his First Amendment claim.
B. Equal Protection - Fourteenth Amendment
The Equal Protection Clause of the Fourteenth Amendment requires that persons who are similarly situated be treated alike. City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432, 439 (1985). Prisoners are protected from intentional discrimination on the basis of their religion, Freeman, 125 F.3d at 737, citing Cruz, 405 U.S. at 321-22), abrogated on other grounds by Shakur, 514 F.3d at 884-85 (9th Cir 2008), and are entitled to a reasonable opportunity of pursuing his or her faith comparable to the opportunity afforded fellow prisoners who adhere to conventional religious precepts. Shakur, 514 F.3d at 891. Prison officials cannot discriminate against particular religions. See Cruz, 405 U.S. at 321-22; see also Rupe v. Cate, 688 F.Supp.2d 1035, 1049 (E.D. Cal. 2010).
However, "[i]n the prison context, even fundamental rights such as the right to equal protection are judged by a standard of reasonableness, specifically whether the actions of prison officials are reasonably related to legitimate penological interests." Walker v. Gomez, 370 F.3d 969, 974 (9th Cir.2004), citing Turner, 482 U.S. at 89.
1. Protected Class
Nothing before the Court suggests that Defendants intentionally discriminated against Plaintiff based on his status as an Asatru adherent. See Thornton v. City of St. Helens, 425 F.3d 1158, 1167 (9th Cir. 2005); see also Odneal v. Dretke, 435 F.Supp.2d 608, 617 (S.D. Tex. 2006), reversed in part by Odneal v. Pierce, 324 Fed.Appx. 297 (5th Cir. 2009) (prison officials did not act with discriminatory purpose in failing to provide Native American inmate with religious ceremonies, thus defeating his equal protection claim). Plaintiff does not state a claim under protected class theory.
2. Disparate Treatment
Plaintiff complains he was treated differently from American Indian religious adherents who had access to an outdoor worship area with a fire pit. To state an equal protection claim under disparate treatment theory, Plaintiff must allege that: (1) he is a member of an identifiable class; (2) he was intentionally treated differently from others similarly situated; and (3) there is no rational basis for the difference in treatment. Village of Willowbrook v. Olech, 528 U.S. 562, 564 (2000).
Plaintiff alleges that he is a member of identifiable class, i.e., an adherent of the Asatru religion. However, Plaintiff has not pled sufficient facts to meet the other two prerequisites of such a claim. Plaintiff has not specifically indicated that he is not allowed to use the Native Americans' fire pit. To the contrary, his administrative appeal responses indicate that he can make use of both the outdoor worship grounds and the chapel. Nor has he indicated that, if in fact he does not have the same access to religious facilities as Native Americans, there is no rational basis for the dissimilar treatment.
In summary, Plaintiff has failed to state an equal protection claim under either a protected class theory or a disparate treatment theory. Accordingly, the Court will recommend dismissal of his equal protection claim.
RLUIPA was passed, in part, to eliminate "frivolous or arbitrary" barriers to inmates' religious observances. Cutter v. Wilkinson, 544 U.S. 709, 716 (2005). The Act provides that "no government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution... even if the burden results from a rule of general applicability, " unless the government demonstrates that the burden furthers "a compelling governmental interest, " and does so by the "least restrictive means." 42 U.S.C. § 2000cc-1(a)(1)-(2); Holt v. Hobbs, 135 S.Ct. 853, 860 (2015); Greene v. Solano Cty. Jail, 513 F.3d 982, 986 (9th Cir. 2008).
An inmate's "religious exercise" refers not to his practice of religion as a whole, but his engagement in particular practices or rituals within his religion. Greene, 513 F.3d at 987. The practice need not be "compelled by, or central to, a system of religious belief" in order to qualify as a "religious exercise." 42 U.S.C. § 2000cc-5(7)(A); Holt, 135 S.Ct. at 862; Alvarez v. Hill, 518 F.33d 1152, 1156 (9th Cir. 2008).
Plaintiff bears the initial burden of demonstrating that Defendants substantially burdened the exercise of his religious beliefs. Warsoldier v. Woodford, 418 F.3d at 994-95 (9th Cir. 2005). A "substantial burden" is one that is "oppressive to a significantly great extent." Id. at 995. It "must impose a significantly great restriction or onus upon [religious] exercise." Id. A substantial burden is presumed when a policy forces an inmate to choose between "serious disciplinary action" and "engag[ing] in conduct that seriously violates his beliefs." Holt, 135 S.Ct. at 862; accord Warsoldier, 418 F.3d at 996. An "outright ban on a particular religious exercise" also generally constitutes a substantial burden on that religious exercise. Greene, 513 F.3d at 988.
If a plaintiff establishes a substantial burden on his religious exercise, the defendants must demonstrate that such burden "is both in furtherance of a compelling governmental interest and the least restrictive means of furthering that compelling governmental interest." Id. "RLUIPA is to be construed broadly in favor of protecting an inmate's right to exercise his religious beliefs." Id. Although prison security is a compelling interest, prison officials may not "justify restrictions on religious exercise simply by citing to the need to maintain order and security." Greene, 513 F.3d at 989-990. Instead, they must show that they "actually considered and rejected the efficacy of less restrictive measures before adopting the challenged practice." Id., 513 F.3d at 989 (quoting Warsoldier, 418 F.3d at 999).
Cases in this circuit and others recognize that group and outdoor worship are valid religious exercises. Greene, 513 F.3d at 987(group worship); Nible v. CDCR, No. 1:13-cv-01127 2014 WL 458186, at *7 (E.D. Cal. Feb. 4, 2014) (assuming, for substantial burden purposes, that outdoor worship was a religious exercise for Odinist inmates); Fowler v. CDCR, No. 1:13-cv-00957 2014 WL 458168, at *7 (E.D. Cal. Feb. 4, 2014) (same); Davis v. Abercrombie, No. 11-00144 2014 WL 2716856, at *11 (D. Hawai'i June 13, 2014) (daily, group, outdoor group worship was religious exercise for Native Hawaiian inmates); LaPlante v. Mass. Dept. of Corrections, ___ F.Supp.3d ___, at *10 (D. Mass. 2015) (outdoor worship was religious exercise for Wiccan inmates).
However, denial of a separate area in which to worship outdoors has been held in multiple instances not to burden such exercise substantially, at least where plaintiffs have not articulated how sharing an outdoor space impedes their ability to practice their religion. Nible, 2014 WL 458186, at *7; Fowler, 2014 WL 458168, at *7; Birdwell v. Cates, No. CIV-S-10-0719 2012 WL 1641964, at *14 (E.D. Cal. May 9, 2012). Here, Plaintiff has offered some indication of the problems that sharing space will create: there will be some unwanted interactions between Odinist and Native American deities, and the potential for "confusion and loss of focus" for Odinist worshippers. The Court notes that Plaintiff has not alleged that he himself has suffered any confusion or loss of focus, despite being required to share space with Native Americans.
Even if he had, however, Court finds that sharing space with other religious groups does not impose a substantial burden on the practice of Odinism/Asatru. Plaintiff's situation is not akin to the ones in Holt or Warsoldier, where the prison policies at issue imposed serious penalties for noncompliance. Plaintiff does not face any disciplinary action whether or not he chooses to make use of the pagan grounds. Nor is the situation like that in Greene, where the particular religious exercise at issue - group worship - has been banned entirely. Here, Plaintiff remains free to worship with other Odinists, inside or outside, and may presumably schedule a time to do so when the pagan grounds are not being used by other inmates. The Court does not otherwise perceive how the policy establishing a single, shared outdoor worship space is "oppressive" or places "a significantly great onus" on Plaintiff's religious exercise.
To the extent that Plaintiff defines his religious exercise as the practice of worshipping outdoors in an area off-limits to people of other faiths, giving credence to such a narrow definition of "exercise" might itself generate constitutional and/or RLUIPA problems. See Brown ex rel. Indigenous Inmates at N.D. State Prison v. Schuetzle, 368 F.Supp.2d 1009, 1023-1024 (D. N.D. 2005) (preventing non-Native Americans from attending sweat lodge ceremony would "not withstand constitutional muster"); Stover v. CCA, No. 1:12-cv-00393 2015 WL 874288 (D. Idaho Feb. 27, 2015) (Native American belief "that allowing a two-spirited person [an individual suffering from gender identity disorder or gender dysphoria] to enter a sweat lodge utilized by single-spirited individuals would desecrate the religious sanctity of the lodge" was not a compelling interest under RLUIPA justifying exclusion of transgender inmate from sweat lodge); see also Wall v. Wade, 741 F.3d 492, 500 (4th Cir. 2014) (conditioning Plaintiff's participation in Ramadan on his possession of a prayer rug violated the First Amendment).
Thus, the Court declines to adopt such a narrow definition of "religious exercise" and finds that Plaintiff has not established that the prohibition on constructing new religious grounds substantially burdens his ability to practice outdoor, group Asatru worship. Accordingly, the Court will recommend dismissal of Plaintiff's RLUIPA claim.
D. Appointment of Counsel
Because the Court has recommended dismissal of all of Plaintiff's claims, Plaintiff's request for counsel is moot.
Plaintiff's third amended complaint fails to state any cognizable claim. He was previously advised of pleading deficiencies and afforded the opportunity to correct them. Further leave to amend appears futile and should be denied.
The undersigned recommends that the action be dismissed with prejudice, that dismissal count as a strike pursuant to 28 U.S.C. § 1915(g), and that the Clerk of the Court terminate any and all pending motions and close the case.
These Findings and Recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days after being served with these Findings and Recommendations, any party may file written objections with the Court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served and filed within fourteen (14) days after service of the objections. The parties are advised that failure to file objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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text: I recently upgraded from 1.1.2 to 1.1.4 and I've jailbroken it with no problems. The thing is however, the themes aren't fully working as they were in 1.1.2. I'm using the Buuf theme and the Dock somehow places itself above of where it used to in 1.1.2. Any idea of why this is and how it can (if it can..) be fixed? Thanks.


text:
Subject: [PATCH v2 00/10] Prevent LRU churning
Newsgroups: gmane.linux.kernel
Date: Sunday 29th May 2011 18:13:39 UTC (over 5 years ago)
Changelog since V1 o Rebase on 2.6.39 o change description slightly There are some places to isolate and putback pages. For example, compaction does it for getting contiguous page. The problem is that if we isolate page in the middle of LRU and putback it we lose LRU history as putback_lru_page inserts the page into head of LRU list. LRU history is important parameter to select victim page in curre page reclaim when memory pressure is heavy. Unfortunately, if someone want to allocate high-order page and memory pressure is heavy, it would trigger compaction and we end up lost LRU history. It means we can evict working set pages and system latency would be high. This patch is for solving the problem with two methods. * Anti-churning when we isolate page on LRU list, let's not isolate page we can't handle * De-churning when we putback page on LRU list in migration, let's insert new page into old page's lru position. [1,2,3/10] is just clean up. [4,5,6/10] is related to Anti-churning. [7,8,9/10] is related to De-churning. [10/10] is adding to new tracepoints which is never for merge but just show the effect. I test and pass this series all[yes|no|mod|def]config. And in my machine(1G DRAM, Intel Core 2 Duo), test scenario is following as. 1) Boot up 2) qemu ubuntu start up (1G mem) 3) Run many applications and switch attached script(which is made by Wu) I think this is worst-case scenario since there are many contiguous pages when machine boots up. It means system memory isn't aging so that many pages are contiguous-LRU order. It could make bad effect on inorder-lru but I solved the problem. Please see description of [7/10]. Test result is following as. For compaction, it isolated about 20000 pages. Only 10 pages are put backed with out-of-order(ie, head of LRU) Others, about 19990 pages are put-backed with in-order (ie, position of old page while migration happens). It is eactly what I want. Welcome to any comment. Minchan Kim (10): [1/10] Make clear description of isolate/putback functions [2/10] compaction: trivial clean up acct_isolated [3/10] Change int mode for isolate mode with enum ISOLATE_PAGE_MODE [4/10] Add additional isolation mode [5/10] compaction: make isolate_lru_page with filter aware [6/10] vmscan: make isolate_lru_page with filter aware [7/10] In order putback lru core [8/10] migration: make in-order-putback aware [9/10] compaction: make compaction use in-order putback [10/10] add tracepoints include/linux/memcontrol.h | 5 +- include/linux/migrate.h | 40 ++++ include/linux/mm_types.h | 16 ++- include/linux/swap.h | 18 ++- include/trace/events/inorder_putback.h | 79 +++++++ include/trace/events/vmscan.h | 8 +- mm/compaction.c | 47 ++-- mm/internal.h | 2 + mm/memcontrol.c | 3 +- mm/migrate.c | 393 +++++++++++++++++++++++++++++++- mm/swap.c | 2 +- mm/vmscan.c | 115 ++++++++-- 12 files changed, 673 insertions(+), 55 deletions(-) create mode 100644 include/trace/events/inorder_putback.h -- To unsubscribe, send a message with 'unsubscribe linux-mm' in the body to [email protected] For more info on Linux MM, see: http://www.linux-mm.org/ . Fight unfair telecom internet charges in Canada: sign http://stopthemeter.ca/ Don't email: firstname.lastname@example.com


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I know we haven't talked about it in a while, but I'm just wondering who all here is still Team Green? What was your reasoning behind your decision to wait to find out? Has it been hard for you?!
Team Green anyone? (xp)
We are team Pink/Green. When we had our ultrasound back in July, the tech gave us a "75% chance that baby is a girl" based on that she didn't/couldn't see any boy parts...I haven't needed another ultrasound, and probably won't get another one because of my insurance will only cover one if there is a medical need, which there hasn't been.
I'd rather KNOW FOR SURE (or as sure as possible) or not know at all. Being in limbo kind of stinks.
I have gotten a bunch of girl clothing-mostly its been given to me, and purchased a beautiful girly quilt from a friend who is a quilter (but she said that I could return it and pick out a boy quilt if baby is a boy, as long as it hasn't been washed or anything.)
If the baby turns out to be a boy, I've got all the boy clothing I need, and all the boy stuff I need too. So really, its not a big deal.
Our third child will be a "team green" baby till he or she is born.
That does sound kinda frustrating for you Anne. Back in July might it have been just too soon to tell? What about your body clues, are they telling you this PG is different from with DS? I didn't used to believe in the 'old wives tales' at all, but after we had our 3D ultrasound I can understand why they are normally true. But, it was only just before the 3D I was starting to think we might have a Boy on board I was just too petrified to admit it out loud not wanting to jinx it
I was 19.5 weeks in July at my ultrasound...so not too early...just a very wiggly baby who wouldn't hold still. There really haven't been too many differences in this pregnancy from the last one...I mean, I had more food aversions and ended up eating so many carbs I got gestational diabetes this time (and thus only a 4-6 lb weight gain at this point)...


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Check in from 14h / Check out prior to 11h
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