text:
Since the first time she was able to hold a fork, Rachel Wharton '94 has been interested in food. Plus, she grew up in a home where "talking about what we're going to cook and eat" was a part of life, she says. Today, she's a Brooklyn, N.Y.-based food writer for Edible Brooklyn and Edible Manhattan; and in May, she won a 2010 James Beard Foundation Journalism Award—the Oscars of the food world—for her "Back of the House" columns, which she describes as "love letters to restaurants." She spoke with NC State magazine about her career. Look for a short profile on her in our Autumn 2010 issue, which will hit mailboxes soon. Until then, here's an extended interview with her.
Why food writing? How did you break into the field?
I've always been interested in food as long as I can remember being able to hold a fork in my hand, or a chicken bone. My parents are from Louisiana where there's really not much to do but eat and drink, and so … talking about what we're going to cook and eat has just been a part of life. I've always been a writer. I went to NC State and got a degree in English, writing and editing. [At one point] I was reading this excellent book called Food Politics by Marion Nestle. I looked her up online, and I realized that there was a master's program in food studies at New York University. It had never occurred to me that I could be a food writer, but within three months I had applied to that program, and was accepted. Then, the first and only food internship at the New York Daily News opened a month after I started the program, and I got it. I was there for over four years. So that's my convoluted story of how I became a food writer.
Have your own eating habits changed since becoming a food writer? In what ways, and why?
I think there are two major shifts. I used to cook dinner for myself almost every single night, and now that rarely happens. Now, I'm out a lot more than I'm eating in. The bigger shift that applies to the way I eat at home, or the way I try to eat in restaurants, and the way I cook for myself. I have almost no processed foods. I eat really simply. I'm also very seasonal and local, and if you buy foods as fresh as you possibly can and as well made as you possibly can, you don't have to spend much time preparing them or much money adding to them because the things taste so good themselves. It's knowing that you choose your ingredients. You can really simplify your life in the kitchen that way.
You've described your columns as a "love letter to restaurants." What does that mean?
When we pick a restaurant to be included in our back-of-the-house column, we're saying that this restaurant is a restaurant that you must visit. That it belongs in the cannon of amazing restaurants in either Manhattan or Brooklyn. That if you live here for any length of time, you should eat here, you should take your parents here if they come to visit, or if you come back to visit you should go there. So they aren't reviews: they're profiles. When you read those stories, you should know before you go what it's like to be there. They're basically describing the personality of the place, so I call them love letters because … the first thing you want to do is go eat there because you're just so swept up by the beauty of the place and the food and the chef and the people who work and eat there.
What are the biggest challenges that your job presents?
First of all, you have to be around incredibly good food all the time, and you have to know how to not eat all of it all the time. It sound really silly, but … you have to basically learn how to pace yourself and how to say no occasionally. The other thing is that there are a million food writers and food bloggers, and there's a thousand places to write about food. And like any journalism job, having to write everyday can be stressful and hard if you're just not feeling it.
What do you find to be the most rewarding about food writing?
I get to spend every day doing the two things I love most, which is writing and obsessing about food. It's my job to track down a new ice cream flavor. It's my job to know that there's a new taco stand on the edge of the park in Queens. That's pretty cool.
What makes for a good experience at a restaurant?
It depends on the restaurant, and it depends on your frame of mind. What you expect from a four-star restaurant is so different from what you expect when you roll up to a taco truck. I've always liked the restaurant experience. There's the food, which should be good, there's the people making it, and then there's just the place itself, the place you want to spend all your time. Those three factors are what you want in the restaurant experience.
— Jill Watral


text:
McDonald's free vector logo in Illustrator formats. McDonald's is the largest hamburgers fast food restaurant chain in the world. A McDonald's restaurant can be managed by the McDonald's corporation, by an affiliate or a franchisee. McDonald's serves about 60 million consumers every day.
This File Appears In Searches For
kids food restaurant Fast food Hamburgers Junk food Hamburger restaurant Mcdonald's Mcdonald's restaurant
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subset: commoncrawl


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Mariniere Heritage Penombre / Tige
£49.00 £40.83
- 100% cotton
- Wide 'boat' neck
- Armor-Lux label on the left arm
- Made in France
- Traditional breton fit, a little short and wide on the body
Exactly the sort of thing Armor-Lux are famous for. The Marinere Breton is a classic, short, wide and boat-necked breton jersey. Ideal for mime artists, world class painters and pretty much anyone with a torso.


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Driving to the Party
Played 1778 times
Driving to the Party game information:
Hey, Im very happy to attend a party today,beacuse I bought a new car yesterday,which is my favorite style ,and I neednt to take a bus.This is the first time I drive my own car,but I have a bit nervous .Fortunately, my sister will go with me, so I should take it easy.Now she is waiting for me in the car,I must dress up quickly ,can you help me All of my clothes and accessories are here,help me dress up,Im very grateful to you.
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Because he suffered his back injury during the Wild's training camp in September, Cody Almond was never officially assigned to the Houston Aeros. Technically, he was still on the Wild's roster as an injured reserve player. Now healthy, Almond has been assigned to the Aeros after receiving a clean bill of health.
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Feb. 12, 2014 - NOIDA, India -- EvoMantra, one of the leading digital marketing agencies in India, has added four new services to its catalogue. The services can now be availed by clients all across the globe. The services are App Store Optimization, Google Penalty Recovery or Assessment, Multilingual SEO Services, and Real Estate SEO Services. All these services will be provided by an experienced team of qualified webmasters and SEO experts.
App Store Optimization
EvoMantra will now provide world class app store optimization services. There are millions of apps available for iOS and Android, and the list is growing by the day for Windows Phone as well. We understand the need for greater visibility in app stores in order to make potential customers turn into users. The team of experts will target a specific set of keywords and make the app rank higher for those keywords. We ensure a definitive edge to clients over competitors in the same segments.
Google Penalty Recovery or Assessment
The team of webmasters at EvoMantra will now provide Google penalty recovery and assessment services to clients. The experts will judge the penalized website's current standing and remove or disavow any suspicious or unnecessary links, while building upon organic, social media and partner links. This not only prevents a further drop in the rankings of the website but also ensures a much better rank than before.
Multilingual SEO Services
EvoMantra will now provide multilingual SEO services to websites in multiple countries across the globe. We will target ccTLDs and subdomains and optimize them for local languages and keywords. We will also ensure local listings for businesses and separate local landing pages to target the customers of a particular geographical region. We will also ensure user ID and IP recognition to ensure that our clients don't miss any valuable lead.
Real Estate SEO Services
We will now provide specialized SEO services for the real estate industry. This is one of the most competitive industries today and excellent visibility across all major search engines is imperative for generating leads and prizing away leads and prospective clients. We give our clients a leading edge and advantage over their direct competitors and also help in converting leads into conversion to increase the revenue, growth and return on investment of clients.
Source- http://www.prlog.org/12282145-evomantra-will-now-provide-four-new-services-to-clients.html
We at Evomantra understand the importance of building your brand, loyalty, and customer base. We therefore design Social Media Optimization Campaign for businesses of all sizes keeping in view their...


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New Concept Luxury Apartments in Side, Mediterranean Region, Turkey - Tranquil Green Belt Location Overlooking Orange Orchards But Close To The Beach & Local Amenities
Q Gardens is conveniently located on the Eastern part of Side town, within a valley surrounded by a protected green belt area.The beautiful setting of the east beach with golden sands, roman archaeological ruins and the antique roman town centre of Side are very close and easily accessible. All rooms directly open up to the terrace through full-height & full-width sliding doors letting in the maximum amount of daylight.The roof residence is placed on the elevated floor in order to conveniently access both its private garden downstairs and the roof terrace upstairs which form enjoyable private outdoor living spaces.The terraces are overlooking the nicely landscaped and maintained private gardens with their own individual 21 sq m pools. All bedrooms have large fitted wardrobes and the lighting throughout has been carefully planned to create an enjoyable evening atmosphere. Both are fully air conditioned with luxury furnishings, modern intergrated kitchens, satellite TV, and DVD players.
Details for holiday apartment Garden Residence Q Gardens E2 (2 Bedrooms), 2 Bedrooms, Sleeps 4, 2 Bathrooms
This is the Garden Residence which has a large open plan living room and kitchen with luxury fittings and appliances, a master bedroom with an en-suite bathroom and shower, a second bedroom with twin beds and a main bathroom with a rainfall power shower. The bathrooms are stylishly tiled in porcelain, marble and glass with wooden decked shower area. All rooms directly open up to the full length terrace through full-height & full-width sliding doors letting in the maximum amount of daylight. All rooms have electronically controlled aluminium shutters for security and light adjustment. All bedrooms have fully fitted wardrobes and air conditioning. The lounge area has a 42 inch TV with satellite TV coverage and DVD player and free Wifi connection. The stunning private garden is 156 sq.m landscaped with palm, olive, lemon, banana trees, bougainvillea and various Mediterranean flowers and has patio furniture and sunbeds with it's own 21 sq.m pool and an outdoor waterfall shower.
Top Traveller Review
An Fantastic Apartment and Holiday
Lee was also very informative about where the best places to go were and how to get around while we were there.
The apartment itself was lovely and clean and very bright and airy. It has a lovely private garden with a pool and outside shower to cool off with and I loved the fact that no one overlooked you.
The location is perfect, very quiet and private but with nice bars and restaurants a 5-10 minute walk away. Old Town is the place to hang in the evenings with its amazing array of shops, bars and restaurants overlooking the harbour. It was very easy to get to the beach too, you just have to ask the security guard to order the free beach shuttle in the day and a cab for the evening into old Town.
I am so happy we found this little piece of paradise and would recommend it to anybody. It truly was a beautiful place to stay.
About the Owner
Myself & Audrey welcome you to our multi award winning beautiful new modern concept apartment/villas here at Q Gardens in Side. We do hope you will choose to come and stay with us for a truly memorable holiday in our little piece of Mediterranean paradise.
2 Reviews
2 holidaymaker reviews
An Fantastic Apartment and Holiday
Q Gardens Apartment were a truly amazing find. Lee the owner was extremely helpful when booking and offered to arrange transfers to and from the airport and a welcome pack for our late arrival. Everything was well coordinated from the driver waiting to pick us up at the airport to the security waiting to greet us and give us the keys to the apartment.
Lee was also very informative about where the best places to go were and how to get around while we were there.
The apartment itself was lovely and clean and very bright and airy. It has a lovely private garden with a pool and outside shower to cool off with and I loved the fact that no one overlooked you.
The location is perfect, very quiet and private but with nice bars and restaurants a 5-10 minute walk away. Old Town is the place to hang in the evenings with its amazing array of shops, bars and restaurants overlooking the harbour. It was very easy to get to the beach too, you just have to ask the security guard to order the free beach shuttle in the day and a cab for the evening into old Town.
I am so happy we found this little piece of paradise and would recommend it to anybody. It truly was a beautiful place to stay.
I am so glad to have stumbled across this apartment when looking for somewhere 'a bit different' to the normal type of apartments that you come across. From the moment we made the enquiry to arriving back home the owner was incredibly helpful. He provided valuable information that aided our stay, complete with hints and tips, in addition to arranging a seamless transfer to and from Antalya airport. We were thrilled with the quality of the Q Gardens complex and this apartment, especially how spacious and clean it was. Everything we needed was to hand, including a full oven, microwave, washing machine, large fridge/freezer (essential for keeping a duty free sized bottle of Pimms chilled!). The beds were comfortable and the bedrooms have plenty of storage. We found that we spent more time in the apartment than we would do normally on holiday. This is because we enjoyed the peace and quiet. One of my favourite things to do was to open up the shutters and sliding. If you have teenagers who prefer to spend a lot of time on their laptop/tablet etc they will be in their element as the wifi connection is good and even though they are inside it feels like they are outside with you because of the way each room opens up to the garden. The garden is ideal for families with younger children as it is totally enclosed and children would love the freedom of playing ball games etc. something that you don't normally get in a hotel. We tended to use the communal pool later in the afternoon when it was a bit warmer, this is a good size and again spotless and checked regularly. The apartment is only approx. 10 minutes walk into the main strip of Side and a further 10-15mins to the harbour. Ladies.... I recommend you don't wear your best summer sandals to walk out and about though as there are very few pavements in the local area and typically when there are some, they can be uneven and very dusty, especially on the way to the harbour and ancient ruins. But these are well worth a visit and very impressive. Lovely restaurants which were recommended by the owner and very cheap to eat out. Beaches were stunning and the sea is very clear, shallow and warm. Just ask the guys in the security office for a free beach transfer and they will arrange this. There are not many places that we would go back to, but I can safely say we would have no hesitation in returning to Q Gardens and recommending this apartment to our family & friends - that's because we know they will LOVE IT!
From the Owner
"Our apartments are based on a brand new award winning concept built to the highest possible specifications & standards. All apartments are luxuriously furnished to the highest standards with everything included that you could possibly need whilst away on holiday. Enjoy the best of both worlds with the peace & quiet of our stunning location near to the beach whilst being close to everything that Side has to offer."
Activity and Interests
Special interest holidays:
Horse riding: The local horse riding school with all facities is located very close to the apartments on the edge of the beautiful Sorgun Forest.
Rafting: Further into the pine-forested mountains is the Koprulu Canion National park, which is one of Turkey's premier white water rafting venues.
Cable Water skiing & Wake boarding: The calm waters of the cable lake provide the perfect place to master the basic techniques of water skiing. Kickers and sliders are available for the more advanced riders.
East Beach Side 900m. West Beach Side 1.8 k.Side has the second longest white sand beach in all of Turkey. Surrounding the old city of Side there are two major beaches, one is the east beach and the other is the west beach. There are lots of water sports & activities offered on the west and the east beaches of Side. It is gently shelving and most suitable for small children. There is now a new walkway from Old Town Side all the way to Kumkoy and that is suitable for wheelchair users too.
Airport Transfers available. Antalya Airport 60km (50 mins). Car Hire is not essential, but is available in the local area if needed.
Sorgun Village 400m (Local Shops/Supermarkets, Bars and Restaurants)
Side Old Town Centre (Amphitheatre, Apollo Ruins, Harbour, Tourist Town Centre 1.4 km (15/20 min walk / Taxi 5 mins)
Side East Beach 900 m (Unlimited Free Transfers)
Side West Beach 1.8 km
Sorgun Forest 1.3 km
Manavgat River & Waterfall 6km
Further Details:
White water rafting can be done further into the pine-forested mountains at the Koprulu Canion National park, which is one of Turkey's premier white water rafting venues.
Cable Water skiing & Wake boarding:The calm waters of the cable lake provide the perfect place to master the basic techniques of water skiing & wake boarding. In no time, you'll be doing tricks on the wake board. Kickers and sliders are available for the more advanced riders.
There are several aqua-parks in the area offering shuttle services also.
For those who like to achieve more out of the vacations, the Antalya-Alanya region offers much more than sandy beaches; i.e. scuba diving, dolphin and sea turtle trips, horseback-riding, concerts, dancing and music in the historical sites of Roman amphitheatres, river boating, Go-kart and aqua parks, mountain biking and mountain trips to Taurus mountains.
Rental rates
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Event Price
Nov 2016 - Mar 2017
1 Nov 2016 - 31 Mar 2017
1 night minimum stay
for 1 night
Apr - May 2017
1 Apr 2017 - 31 May 2017
1 night minimum stay
for 1 night
June 2017
1 Jun 2017 - 30 Jun 2017
1 night minimum stay
for 1 night
July 2017 - Aug 2017
1 Jul 2017 - 31 Aug 2017
1 night minimum stay
for 1 night
Sept 2017
1 Sep 2017 - 30 Sep 2017
1 night minimum stay
for 1 night
Additional pricing information
|No additional mandatory fees
Booking Notes:
Non-refundable deposit of 25% paid at time of booking to secure by Bank Transfer.
Balance paid 6 weeks before arrival date (In full if less than 6 weeks to rental)
Security deposit of £100/€125 to cover breakages/damages, refundable in full as soon as our property manager confirms all is well after your stay.
Additional High Season A/C surcharge of £30/€45 per week applied from June - Sept
Apartment Final Cleaning Fee £40/€55
Details for key collection can be obtained when booking.
Changeover Day:
Changeover days are flexible
Check in 15.00/Check out 12.00 (Midday)
Early arrivals, late departures, mid stay cleaning, airport transfers and welcome packs available with an additional surcharge(Enquire when booking)
Notes on prices:
Our prices reflect the overall 5* quality of each apartment. Each has beautifully maintained large private individual gardens containing their own private individual swimming pool for the ultimate in luxury & style.
Payment is possible in £, €, $ or other currencies
Owner's Cancellation Policy
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
From the Owner
"We are situated in a quiet, peaceful green belt area in the orange groves just 900m from the beach but within easy walking distance to the local strip & the historic old town & harbour area with it's shops,bars,numerous restaurants & lively nightlife. Set in stunningly attractive gardens each luxuriously furnished 5* apartment has 2 bedrooms, 2 bathrooms and free satellite tv & wifi. We are the only apartments in Side featuring their own private entrance, large individual gardens with their own swimming pool. (A larger communal pool with children's pool is also available) Local amenities such as supermarkets, shops, bars & restaurants are located just 400m away. Unlimited free beach transfers are also available to our guests and are included in your rental."
Property Type
- apartment
- Air Conditioning
- Heating
- Internet
- Linens Provided
- Parking
- Towels Provided
- Washing Machine
- Dishes & Utensils
- Dishwasher
- Kitchen
- Microwave
- Oven
- Refrigerator
- Hob
- Toaster
- Child's Highchair
- Dining
- Dining Area
- DVD Player
- Satellite / Cable
- Television
Pool / Spa
- Communal Pool
- Heated Pool
- Outdoor Pool
- Private Pool
- pets considered
Location Type
- beach
- near the sea
- town
- autumn foliage
- forests
- marina
- museums
- playground
- recreation centre
- restaurants
- ruins
- theme parks
- water parks
- waterfalls
Leisure Activities
- beachcombing
- bird watching
- eco tourism
- horse riding
- outlet shopping
- scenic drives
- sight seeing
- walking
Local Services & Businesses
- ATM/bank
- fitness centre
- groceries
- hospital
- laundrette - serviced
- massage therapist
- medical services
Sports & Adventure Activities
- cycling
- deepsea fishing
- equestrian events
- hiking
- mountain biking
- mountain climbing
- paragliding
- pier fishing
- rafting
- sailing
- diving
- bay fishing
- swimming
- whitewater rafting
- Shower room 1 - Shower Enclosure
- Shower room 2 - Shower Enclosure
- 2 Bedrooms, Sleeps 4
- Bedroom 1
- Bedroom 2
- Balcony
- Terrace
- Golf ...
- Garden
- Veranda
- Self-catering
- Notes on accommodation: Dimensions: Living Room and Kitchen 28.7 Sq.m Master Bedroom 15.1 Sqm. En-suite Bathroom 4.2 Sqm. Bedroom 10 sq.m Bathroom 4.1 Sqm. Terraces 20.6 Sqm. Gardens 156 Sqm. Private Pools 21 Sq.m Due to the stairs the Roof Residence would not be suitable for disabled visitors 60 km (50 mins) to Antalya Airport East Beach 900m Side Antique Old Town 1.4 km Sorgun Forest and Horse Riding Center 1. 3 Belek Golf Course 35km Fully fitted kitchens include luxury branded oven, hob, dishwasher, washing machine and microwave oven Communal pool (61 m²) with a children's pool (9 m²) 24-hours-security Security cameras at critical locations to enhance safety Satellite TV connection and Dvd players Free Wifi in both apartments Free Unlimited Transport pick up and drop off to the beach. Outside: Both apartments each have their own totally private large 156 sq.m. southerly facing gardens with their own individual private 21 sq.m. swimming pools with outdoor waterfall showers which are surrounded by palm, olive, lemon and banana trees with bougainvillea and various mediterranean flowers. The gardens are furnished with quality outdoor tables and 4 raffia chairs on the patio area by the pool and 2 comfortable raffia sunbeds. The roof residence additionally has a 50 Sq.m roof Terrace, with modern wall flush light and LED light features enhance the night atmosphere. There is a giant parasol for shade during the day with 2 seater raffia sofa, 2 chairs and a table. The roof terrace also has a bar area with sink and fridge.


text:
Thread: Server power cord question
05-01-2005, 08:38 PM #1Web Host :)
- Join Date
- Jan 2002
- Location
- Boston
- Posts
- 5,010
Server power cord question
I dump an old Dell server and it has the power cord with three plugs on one end that plugs into the server for all three PS units on the server.
My question is does anyone know if I can just use this one cord and hook it to all three of my PC's to power them with just one cord and make things cleaner or is that a no no?
I have three old P1 pc's out back I can pull out to test it on for a few weeks but I figured someone may be able to save me some time if it should not be done or it maybe already doing it.
It would be nice to be able to clean up some of the wires under my desk if they are really not needed.
05-01-2005, 09:05 PM #2Web Hosting Master
- Join Date
- Dec 2002
- Location
- Posts
- 3,975
Depends on the power rating of the wire.
Also depends on how much power the computers are drawing.webmaster A T 420th.com
What is my Itunes playing? Visit 420th.com/nowplaying.jsp to find out.
Ask the monkey: http://www.monkeyfaq.com


text:
A recording studio and video production facility in the warehouse district of downtown Houston, TX. We have a unique facility and an experienced team that is capable of handling your complete audio and video needs. The industry is changing; its a digital world now. Think visual, streaming and social networking. We offer consultations and help to maximize marketing and get revenue streams boosted.
We offer the full suite of production services for all your audio and visual needs. From recording your next album to shooting your next video project. We have a million dollar facility with the state-of-the-art equipment and the creative team necessary to go above and beyond expectations for your next project.
Audio Production
- Industry Standard tracking, mixing, and mastering
- Top-of-the-line Equipment
- Fully Isolated Live room, Vocal Booths, and Control rooms
In our recording studios, we offer the best in digital and analog technology. Our Pro Tools HD system features the finest in digital plug-ins for tracking/mixing and our 24 channels of Class A preamps, compressors, and EQ's guarantee an industry standard production value.
Video Production
- 6K RED Epic Dragon Cinema Camera Package
- Green and White Cyclorama stage with Full Lighting
- Full Post-Production Workflow and Resources
Our Video Production Team provide multimedia clients with everything they require. From shooting a music video to color grading a feature film, from corporate videos to creative, our team of editors, sound designers and animators can composite your green screen shoot, design your graphics and transform your videos. Whatever media you need, we can take your project from start to finish.
- Custom Logo Design
- Social Media Content
- Stylized Photography
Our Graphic Designers specialize in taking visual ideas/concepts and creating thoughtful, recognizable and memorable brands. From CD artwork to t-shirt and logo design, our team can create anything from your next business card, to next billboard campaign.


text:
Apple's USA Mac to be Built in Texas
"We're investing $100 million to build a Mac product line here in the U.S.," Cook said. "The product will be assembled in Texas, include components made in Illinois and Florida, and rely on equipment produced in Kentucky and Michigan."
Tim Cook confirmed before the Senate Permanent Subcommittee on Investigations that its Made-in-USA Mac will be manufactured in Texas. This makes sense considering Foxconn has facilities there as well as the fact that they are building a campus in Austin. Definitely good news for the already economically strong state of Texas.


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Insectoids were metallic insects created by Nefarious to destroy Metropolis but were thwarted by Qwark. They did not cause too much damage, besides being annoying. They could be easily blasted away with a few shots. In the Unnamed Qwark vid-comic, there was a boss that resembled an Insectoid, most likely a prototype for the enemy in the scrapped beta level.
- Ratchet & Clank: Up Your Arsenal (first appearance)


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Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
United States District Court for the District of Columbia
June 11, 2005.
WESLEY G. THORN, Plaintiff,
SOCIAL SECURITY ADMINISTRATION, Defendant.
This matter is before the Court on defendant's renewed motion
to dismiss or, in the alternative, for summary judgment. Having
considered defendant's motion, plaintiff's opposition, and the
entire record of this case, the Court will dismiss this action.
This civil action began with a claim under the Freedom of
Information Act ("FOIA"), 5 U.S.C. § 552, and the Privacy Act,
5 U.S.C. § 552a, against the Social Security Administration ("SSA")
seeking access to and disclosure of information regarding, among
other matters, SSA's refusal to pay plaintiff disability benefits
upon his incarceration in November 2003. A review of the record
made clear that plaintiff submitted other requests under the FOIA
and the Privacy Act to various SSA offices in Pennsylvania, North
Carolina, Missouri, Maryland, and Virginia. See Compl. at 3-4;
Second Amd. Compl. at 4-6. A. Requests under the Freedom of Information and Privacy Acts
I. Mid-Atlantic Program Service Center in Philadelphia,
a copy of two social security checks . . . issued for
the months of November 2003 and of December 2003. I
would like to have copies front and back, clearly
showing who encashed [sic] said items and the routing
markings thereto.
2. Central Office in Baltimore, Maryland
In April 2004, plaintiff addressed a request to the FOIA
Officer at SSA's Baltimore, Maryland office. Def.'s Mot., Ex. 2.
He sought: (1) a copy of an application for benefits filed with
the Joplin, Missouri field office by his wife on behalf of his
children; (2) records pertaining to a payment of fees to his
attorney; and (3) copies of the social security disability checks
for the months of November and December 2003. Id. The FOIA
Officer sent plaintiff a copy of his social security claims
folder on August 20, 2004. See id., Ex. 6.*fn1
Plaintiff received a supplemental response from SSA's FOIA
Officer on September 3, 2004. Def.'s Mot., Ex. 7. The letter accompanying the released
records explained that all disability checks are issued by the
Department of the Treasury, and that SSA does not maintain copies
of these checks. Id.
3. Field Office in Durham, North Carolina
In April 2004, plaintiff addressed a request to the FOIA
Officer at SSA's Durham, North Carolina field office. Def.'s
Mot., Ex. 3. He sought information on agency policies and
procedures and other regards regarding SSA's "decision to deny
payment of [plaintiff's] back pay" allegedly owed for the period
beginning November 1, 2003. Id. On April 29, 2004, plaintiff
sent a letter to that same office purporting to appeal the
agency's apparent refusal to comply with his FOIA request. Id.,
Ex. 4. Defendant's counsel represented that the Durham office did
not receive a copy of plaintiff's correspondence.*fn2 Def.'s
Mot. at 3.
4. Office of Hearings and Appeals in Falls Church, Virginia
On May 3, 2004, plaintiff addressed a FOIA request to the FOIA
Officer at SSA's Office of Hearings and Appeals, Attorney Fees
Branch, in Falls Church, Virginia. Def.'s Mot., Ex. 5. Generally,
he sought agency directives, policy manuals, and other materials
regarding plaintiff's request for payment of attorney fees. Id.
Defendant's counsel represented that the agency searched for
responsive records and that no such records exist.*fn3
Def.'s Mot. at 4. B. Claim under the Federal Tort Claims Act
Plaintiff's Second Amended Complaint also raises a claim under
the Federal Tort Claims Act ("FTCA"). He alleges that he
submitted a "Form 95 Tort Claim" to SSA's Office of General
Counsel on March 30, 2004. Second Amd. Compl. at 6. His claim was
denied on July 27, 2004. Id. at 7.
A. Plaintiff failed to exhaust administrative remedies under the
Freedom of Information and Privacy Acts.
1. Privacy Act requests
A person may ask for amendment of or access to any record about
himself that is in an SSA system of records.
20 C.F.R. § 401.40(a). For purposes of the Privacy Act, a "system of records"
is a "a group of any records under the control of any agency from
which information is retrieved by the name of the individual or
by some identifying number, symbol, or other identifying
particular assigned to the individual." 5 U.S.C. § 552a(a)(5).
The request must specify the systems of records to be searched and the records to which he
wishes to have access or of which he requests copies.
20 C.F.R. § 401.40(b). The request must be sent to the manager of the
relevant SSA system of records. 20 C.F.R. § 401.40(c).
If, under the Privacy Act, SSA denies a person access to his
own record, SSA advises him in writing of the reason for that
denial, the name and title or position of the person responsible
for the decision, and his right to appeal that decision.
20 C.F.R. § 401.70(c). He may appeal the denial decision to the
Commissioner of Social Security, 6401 Security Boulevard,
Baltimore, MD 21235, within 30 days after he receives the notice
denying all or part of his request. Id. The notice of the
decision on the appeal will explain his right to have the matter
reviewed in a Federal district court if he disagrees with all or
part of the Commissioner's decision. Id.
A plaintiff initially must seek amendment or access from the
agency and even seek review within the agency before coming to
court. See Haase v. Sessions, 893 F.2d 370, 373 (D.C. Cir.
1990); 5 U.S.C. §§ 552a(g)(1)(A) & (B), (d)(3). In this case,
plaintiff does not establish that he exhausted his administrative
remedies by submitting his Privacy Act requests to the proper SSA
official, and by appealing an adverse decision to the
Commissioner. For this reason, the Court will dismiss plaintiff's
Privacy Act claims because he failed to exhaust his
administrative remedies.
2. FOIA requests
A proper FOIA request must meet two requirements: it must
reasonably describe the records sought, and it must be submitted
in accordance with the agency's published regulations. See
5 U.S.C. § 552(a)(3)(A). An agency deems a request "received" only
when the it is complete and submitted to the correct office. See
Blackwell v. Equal Employment Opportunity Comm'n, No. 2:98-38,
1999 WL 1940005 *2 (E.D.N.C. Feb. 12, 1999) (agency not obligated
to process one-sentence letter which neither referenced FOIA nor was addressed to proper
official as a FOIA request).
A plaintiff "may generally seek judicial review of his FOIA
request only after he has exhausted all administrative remedies."
Pollack v. Dep't of Justice, 49 F.3d 115, 118 (4th Cir. 1995);
Oglesby v. United States Dep't of the Army, 920 F.2d 57, 61
(D.C. Cir. 1990). A FOIA suit is subject to dismissal under Rule
12(b)(6) of the Federal Rules of Civil Procedure if a plaintiff
fails to exhaust his administrative remedies. Hidalgo v. Federal
Bureau of Investigation, 344 F.3d 1256, 1260 (D.C. Cir. 2003);
see Dettmann v. United States Dep't of Justice, 802 F.2d 1472,
1477 (D.C. Cir. 1986). A FOIA request directed to the wrong
office is subject to dismissal for the requester's failure to
exhaust administrative remedies. See Church of Scientology of
California v. Internal Revenue Service, 792 F.2d 146, 150 (D.C.
Cir. 1986); Sands v. United States, No. 94-0537, 1995 WL 552308
*4 (S.D. Fla. June 16, 1995).
A FOIA request to the SSA must be sent to: Deputy Executive
Director for the Office of Public Disclosure, Office of the
General Counsel, Social Security Administration, 6401 Security
Boulevard, Baltimore, Maryland 21235. 20 C.F.R. § 402.135. In no
case did plaintiff submit a request to this official at this
address. To the extent that the requests are processed under the
FOIA, plaintiff failed to exhaust his administrative remedies by
failing to submit them in accordance with SSA's published
Accordingly, the Court will dismiss plaintiff's FOIA and
Privacy Act claims for plaintiff's failure to state a claim upon
which relief can be granted.*fn4 B. Plaintiff's FTCA claim will be dismissed for lack of subject
matter jurisdiction.
It appears that plaintiff, with the assistance of counsel,
applied for and was awarded disability benefits retroactive to
February 8, 2002. See Second Amd. Compl. at 7; Def.'s Mot., Ex. 8
(Disability Determination and Transmittal) & Ex. 9 (Notice of
Decision Fully Favorable dated September 8, 2003). Plaintiff
signed an agreement pursuant to which counsel would be paid a fee
equal to 25% of past-due benefits owed to plaintiff and to any
auxiliary beneficiaries, or $5,300, whichever is less. Def.'s
Mot., Ex. 10 (Attorney's Fee Contract for Social Security
Disability and/or Supplemental Security Income signed March 13,
2002). Although counsel received $3,911 in fees for services
related to plaintiff's claim, plaintiff has not received the
lump-sum payment to which he claims an entitlement.*fn5
Second Amd. Compl. at 7; Def.'s Mot., Ex. 11 (Plaintiff's undated
letter to SSA's Office of Hearings and Appeals in Falls Church,
Virginia) & Ex. 12 (February 13, 2004 letter from J.P. Peraza,
Field Office Manager of SSA's Durham, NC office). SSA did not
process plaintiff's disability award because plaintiff cannot
receive payment while he is incarcerated. See Def.'s Mot., Ex.
Plaintiff filed an FTCA claim, alleging that defendant failed
to pay past-due Social Security disability benefits in violation
of the Racketeer Influenced and Corrupt Organizations Act. See
Pl.'s Mot. for Summ. J., Ex. (SF-95 signed March 23, 2004); see
also Second Amd. Compl. at 6-7. SSA denied the administrative
claim on July 27, 2004. Second Amd. Compl. at 7. The essence of plaintiff's FTCA claim is a challenge to SSA's refusal to make a
lump-sum payment to plaintiff while he is incarcerated.
In relevant part, the Social Security Act provides:
No findings of fact or decision of the Commissioner
of Social Security shall be reviewed by any person,
tribunal, or governmental agency except as herein
provided. No action against the United States, the
Commissioner of Social Security, or any officer or
employee thereof shall be brought under section 1331
or 1346 of title 28 to recover on any claim arising
under this subchapter.
The Court concludes that plaintiff failed to exhaust his
administrative remedies with respect to both the FOIA and Privacy
Act claims. Plaintiff's demand for recovery of Social Security disability insurance benefits must be dismissed because
the Court lacks subject matter jurisdiction over such a claim. An
Order consistent with this Memorandum Opinion will be issued
separately on this same date.
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List all words ending with oxtail
2 words found.
List all words ending with oxtail, sorted by length or by how common the words are.
Some random words: ebon nth mm eke upon ash mibs
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Achyranthis - NIU XI / SELECT OPTION
$ 35.95
Achyranthis - NIU XI Chinese Herb
For Blood Stagnation, particularly in the lower body. Can cause diarrhea, so it is always combined with other herbs.
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17720 N BAY RD # 1302 Sunny Isles Beach, Florida 33160
Approved Short Sale (amount approved by bank per listing) on Ocean view Penthouse condo that needs full remodel. Initial offer withdrawn, so now need new offer! Work your numbers, determine your desired profit and send Offer ASAP. Great opportunity for either Investor, or someone that wants to buy - remodel to their taste and live in it. Restrictions on rentals so will not work as investment rental property. Building has parking, gym, mens and womens sauna, outdoor heated pool on the bay.
EWM is not responsible for the accuracy of the information listed above. The data relating to real estate for sale on this web site comes in part from the Internet Data Exchange Program and the South East Florida Regional MLS and is provided here for consumers personal, non-commercial use, It may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Real Estate listings held by brokerage firms other than the office owning this web site are marked with the IDX logo. Data provided is deemed reliable but not guaranteed.


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text:
Banks braced for MTS hedge fund threat
MTS, the European government bond trading system, has set up a committee chaired by US professor Benn Steil to consider admitting hedge funds as members for the first time, in a controversial move that threatens banks' control of the market.
The thinktank, formed last month, is consulting widely on whether to admit hedge funds as MTS members as well as other issues, according to a spokesman for MTS.
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The transaction drew scrutiny from several European financial market regulators, and landed Citigroup with a £13.9m (€20.7m) fine from the UK regulator, which rebuked the bank for "failing to control its business with due skill, care and diligence".


text:
Indonesia EmbassyEdit Business Listing
4, Salt Lake Street, Off Gana Street, Maitama District, Abuja FCT Nigeria
(+234 9) 461 3253
E-mail Contact
Short Description
The Embassy of Republic of Indonesia in Nigeria is located in Abuja, Nigeria.
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Ambassador : H.E. Mr. Harry Purwanto
Working Hours
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Year Founded
There are no reviews for this business.


text:
Having unwanted fat in different locations of your body can have a considerable influence on your health and self-confidence. While standard weight reduction through workout and diet is an excellent method to lose weight overall, even the best workouts can't target problem locations like the stomach, inner thighs, arms, and butts. Liposuction is a time evaluated treatment that is used to eliminate excess fat from particular areas of the body, permitting an individual to form and contour their body to their taste. Is liposuction right for you? Learn now.
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User:Icelandic Hurricane
From Wikipedia, the free encyclopedia
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China/SWF08 Jan 2008
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China has defended the role of sovereign wealth funds, responding to fears that its own fund, China Investment Corporation, might destabilise global markets.
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In late September, China established CIC with $200bn (€136bn) under its management, which is roughly one seventh of China's foreign exchange reserves.


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Unit 3/154 Narracan Drive Newborough VIC 3825
Email Agent
A GREAT OPPORTUNITYUnit 3/154 Narracan Drive, Newborough
The master bedroom has a walk-in robe and ensuite and bedrooms two and three have a built-in robe as well.
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Applications are required before viewing.
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iHerb Customer Reviews
Savings of: $3.38 (20% off)
children don't like it
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children don't like it
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I was part of such a peace process that produced an agreement to end a 30 year bloody conflict between the Government of the Republic of Indonesia and the Free Aceh Movement (GAM). That was almost ten years ago.
Read Whole Story
Multi-tasking is de rigueur these days, so it comes as no surprise that renewable energy expert and conflict resolution specialist Steve Smith has his hands full. His specialty comes from years of practice.
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- Claims
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Radscorpion egg (Fallout: New Vegas)
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|The following is based on Fallout: New Vegas cut content and has not been confirmed by canon sources.
The radscorpion egg is a miscellaneous item which was cut from Fallout: New Vegas.
Radscorpion eggs are presumably the eggs of radscorpions. They are similar in appearance to a number of other "egg" items found in the Mojave Wasteland, including deathclaw eggs and mantis eggs, with a different color scheme.
Unlike other "egg" items, radscorpion eggs have a very low weight-to-value ratio, with a weight and value identical to large whiskey bottles. Whether this reflects the commonness of radscorpions or is simply a portion of the item which was not fully implemented is unclear.
Although not normally obtainable within Fallout: New Vegas, radscorpion eggs are still referenced by the quest Bleed Me Dry, and can be used to complete the "Obtain Radscorpion Eggs" portion of that quest if the player is somehow able to obtain 12 of them.


text:
Great Hotel but parking at the front is limited. If you arrive late you have to park behind the hotel. Make sure that you check in first because they will not let you in the back door and you'll have to drive back around to the front and check in.
- Reservation Options:
- TripAdvisor is proud to partner with Hilton Hotels, Expedia and Travelocity so you can book your Hampton Inn Salem East-Electric Road reservations with confidence. We help millions of travelers each month to find the perfect hotel for both vacation and business trips, always with the best discounts and special offers.
- Also Known As:
- Hampton Inn Roanoke/Salem Hotel Salem
- Hampton Inn Salem
- Salem Hampton Inn


text:
N. prodotti: 0
Totale ordine: € 0,00
FASCICOLI E ARTICOLI I PIÙ LETTI eTOC
Official Journal of the Italian Society of Anesthesiology, Analgesia, Resuscitation and Intensive Care
Indexed/Abstracted in: Current Contents/Clinical Medicine, EMBASE, PubMed/MEDLINE, Science Citation Index Expanded (SciSearch), Scopus
Impact Factor 2,036
Periodicità: Mensile
Online ISSN 1827-1596
Geraci P. M. 1, Sepe V. 2
1 Transplant Coordination Unit, Fondazione IRCCS Policlinico San Matteo, Pavia, Italy;
2 Department of Nephrology, Dialysis, Transplantation, Units, Fondazione IRCCS Policlinico San Matteo, Pavia, Italy
In 2007 the non-heart-beating organ donation (NHBD) "Programma Alba" (Sunrise Programme) started in Pavia, Italy. The initial plan was to cut down waiting list for kidney transplantation, while its final aim is to shorten organ transplantation waiting lists. When compared to European countries and the USA, the Italian NHBD program has taken longer to get established. Initially Italian physicians were not entirely aware of the NHBD organ viability for transplantation, furthermore ethical issues and the need to regulate medical requirements to Italian law slowed down the NHBD program. In particular, Italian legislation provides for death ascertainment after irreversible cardiac arrest, 20-minute flat electrocardiogram. This no-touch period is longer when compared to worldwide legislation, and organ viability has been a main concern for Italian transplant doctors over the years. However, recent data let up to 40-minute warm ischemia time to preserve organ viability; this has encouraged Pavia's group to establish the NHBD "Programma Alba". It was designed according to Italian legislation from death diagnosis to graft placement, from this perspective must the significant role of the Transplant coordinator be recognized. Since 2007 seven kidneys have been gathered from seven NHBD. Of these, six NHBD kidneys have been transplanted. Currently, four patients are out of dialysis. This report is a detailed description of NHBD "Programma Alba" and its preliminary results.
lingua: Inglese


text:
Quick Look
Property brokered by
Get more listing details on brokerage site
Presented By:
Brenda Holden
(919) 845-2331
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Brenda Holden
(919) 845-2331
Email Agent
Property DetailsRaleigh's Best Kept Secret! 3 Min. to 540,very near Whole Foods, Cinema & local shops. Elegant home on a Cul-de-Sac wooded lot. Screened Porch & Deck to enjoy your private yard. 4 large Bedrooms & 3 Full Baths. 1st floor Guest Suite. 2nd floor Master Suite w/Sitting Room, walk-in Closet, Whirlpool Tub & separate Shower. Hardwoods in Living & Dining rooms, Kitchen & Breakfast Nook. Kitchen offers 2 Pantries, Granite, Solid Surface counters, Desk, Pantry & Island. 2 Bonus Rooms (2nd and 3rd floors).
Area Recent Sales
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Additional Property InformationThis single family listing located at 321 Jellison Court, Raleigh, NC offers four bedrooms and three bathrooms. A traditional style property, it is currently priced for $499,900.
This property is listed by Brenda Holden of Fonville Morisey / Long & Foster Real Estate - North Carolina Region located in North Carolina.


text:
Length: 4 miles roundtrip
Duration: 2 to 3 hours
Trail Difficulty: Strenuous/
Highest Elevation: 1,400 feet
Total Elevation Gain: 585 feet
Scenery: creek/cascades, scenic
Tops trail is one of the most well-known trails located off Newfound Gap Road
due to the panoramic views the trail offers. Though the hike is only two miles
up, it is a very steep trail that hikers can't always complete. With the first
half of the trail being fairly easy, the second half is a 960 foot elevation
climb to reach the top.
Chimney Tops Trail Upgrades:
trail has had some major upgrades over the past two years courtesy of the
Trails Forever program. Renovations include: construction of rock steps,
renovating existing water drainage systems, creating new ones and redefining
different sections of the trail that were no longer suitable for hikers. The new bridge at the start of the trail
reopened in July of 2013.
Hiking Chimney Tops Trail:
On the
first stretch of the trail hikers will follow cascading waters of Road Prong
Creek which crosses a few foot bridges before arriving at Beech Flats. Once
hikers reach the Beech Flats junction, which is the hikes halfway point, veer
to the right to continue on Chimney Tops trail. The left track leads to Road Prong
Trail, which leads to the Appalachian Trail at Indian Gap on Clingmans Dome Rd.
after an additional 2.5 mile hike. What's interesting about the Road Prong
Trail is that it's one of the oldest trails in the Smokies dating back to the
18th century, where it served as a through-road known as Indian Gap
keep to the right from Beech Flats to stay on the Chimney Tops trail. The
second half of the hike is where it starts to get difficult as the trail takes
a western curve accompanied by a 730 feet elevation climb for two-thirds of a
mile roughly. The trail then takes a northern climb up the ridge to the summit,
giving a nice view of the mountains out of the east. There is the option of
continuing up the ridge to reach the top of the pinnacles, which is another 50
feet climb. Injuries are possible so be sure proper attire is worn and avoid
the climb if the rocks are too wet.
Chimneys are one of the few peaks in the Smokies that have a bare rock summit.
When the mountains were inhabited by the Cherokees this summit was referred to
as a forked antler as the mountain resembles the antlers of a deer.
Directions to the Chimney Tops Trail:


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18-20 Compark Circuit, MULGRAVE VIC 3170
Please contact agent
For Lease
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Property Details
- Category:
- Offices
- Floor area:
- 1,200m²
- Parking:
- 60 x Onsite parking
- Return (PA):
- Availability:
- Land area:
- Energy Efficiency Rating:
- NABERS energy rating
- Property ID:
- 10493718
- Virtual Tour:
- View Tour
- Updated:
- 3 Oct 2016
Best Corporate Fitted Office in Compark Business Park
Occupying the whole of the top floor of 18-20 Compark Circuit, the subject tenancy provides a fully fitted, predominantly column free tenancy with excellent natural light.
This fantastic property provides the opportunity to locate your business in the heart of Mulgrave's Business Hub.
The level 3 tenancy comprises:
- Corporate reception
- Excellent parameter offices
- Central open plan area with workstations
- Boardroom
- Meeting rooms
- Well appointed kitchen and breakout area
The wonderful floor to ceiling windows offer an abundance of natural light to all sides of the building, allowing natural light to flow through the tenancy. Further more, courtyard provides an amazing breakout space for employees.
The property provides excellent connectivity to surrounding arterial roads including: Wellington Road, Springvale Road, The Monash Freeway and Eastlink, and additionally has an outstanding car park allocation of over 6 car parks per 100sqm.
With a brand new air-conditioning and heating plant, easy access to surrounding cafes and amenity, inspection of this property is a must.
Please contact preferred agent
1 Bligh street, SydneyGrade A
Building AmenitiesAvg. rent (net):The rental averages are based on a basket of buildings within that market, according to grade and recent transactions and are a trend indicator only. The high figure is indicative of the average $/sqm for the high floors, and the low is indicative of the average $/sqm of the lower floors. Leasing deals negotiated in 'net' exclude outgoings, whereas 'gross' rents are inclusive of outgoings.$800 - $1000Avg. outgoings:$162Vacancy rate:13.5%Data from Colliers Edge.For information click hereMajor TenantsNabers energyAdditional information
18-20 Compark Circuit MULGRAVE


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APPEAL from the Circuit Court of Cook County; the Hon. JAMES
M. BAILEY, Judge, presiding.
Rehearing denied November 13, 1980.
Following a bench trial, defendant was convicted of murder and burglary and sentenced to concurrent terms of 40 years for murder and 15 years for burglary. (Ill. Rev. Stat. 1977, ch. 38, pars. 9-1, 19-1.) On appeal, defendant contends (1) his post-arrest statements were improperly admitted into evidence since there was no probable cause for his arrest which was also illegal because he was arrested in his home without an arrest warrant; and (2) he was deprived of a parent's advice during his interrogation, thus rendering his statement inadmissible.
Prior to trial, defendant filed a written motion to suppress evidence alleging that on July 16, 1976, police officers, who did not have either an arrest warrant or a search warrant arrested him at his home at 8354 South Paxton, in Chicago. This arrest occurred after the police told his mother that they merely wanted to talk to him and would do so outside in the police car. However, defendant claimed that the officers drove him to a police station; that the arresting officers did not notify his mother, who was the only adult home, where he was being taken; that his mother spent most of the morning of July 16, 1976, attempting to locate defendant and did not locate him until approximately 4 p.m. that day; that at the time of his arrest, defendant was not violating any law, and the arresting officers did not have any reasonable belief that a warrant had in fact been issued and was outstanding for defendant's arrest and did not have probable cause to arrest him; and that this was in violation of Illinois statutes, including section 3-2 of the Juvenile Court Act (Ill. Rev. Stat. 1977, ch. 37, par. 703-2), which provides that a law enforcement officer who takes a minor into custody shall immediately make a reasonable attempt to notify his parent or other person responsible for his care that the minor has been taken into custody and where he is being held.
At the hearing on the motion to suppress, Chicago police officer Nealis testified that, when he arrested defendant, he did not have a warrant for defendant's arrest, there was no warrant in existence, to his knowledge, and defendant did not appear to be fleeing when arrested.
However, prior to the arrest Officer Nealis had talked with Officers Tosello and Swick, who had told him that they had spoken to an 11-year-old boy named Ernest Williams. The latter claimed he lived in defendant's neighborhood and that Newgene Anderson had been involved in or spoke of a burglary or a crime or theft some months earlier wherein $60 and an antique watch had been taken from this old woman's house. In checking through the burglary case reports, he found that a woman had reported a burglary of her home and sustained a loss of $60 and an antique watch. Upon inquiring to the youth division, he found out that a juvenile warrant had been issued for Anderson's arrest.
Officer Nealis arrested Anderson at his residence between 6:30 and 7 a.m. on July 16, 1976. Officer Nealis stated that Anderson denied committing the offense involved in this case but stated that a friend of his had committed it, and had told him about it. Anderson said that defendant had entered the home of Alfhild Heil and "gotten the old white lady down the street"; that he had confronted her in the home; that he had placed a pillow over her head; and that he had beaten her. Officer Nealis was also informed by Anderson that defendant admitted that he had taken a purse from the victim's home, and he showed Anderson the contents of this purse which contained money. Officer Nealis explained that he then questioned Anderson about particular matters concerning the home invasion and Anderson said defendant indicated he had gone in the back window, down the stairs and through the pantry. Officer Nealis, who visited at the crime scene, reviewed reports of other officers concerning the matter and had spoken with other investigators working on the case, believed Anderson's information corresponded to what the police had "surmised" from an investigation concerning how the perpetrators of the crime in fact entered the victim's residence. Officer Nealis, who had not previously known Anderson or had information provided by Anderson, went to defendant's home, but he did not attempt to secure an arrest warrant.
Officer Nealis then testified he arrested defendant at his home shortly before 9 a.m. on July 16, 1976. Also present at the time were investigators John Yucaitis, David Dioguardi and Alice McCree. He spoke to a woman, who identified herself as defendant's mother, and informed her that her son had been implicated in a crime and that they were going to take him to a police station located at 9050 South Cottage Grove Avenue. The officer gave defendant's mother a business card with his name printed on it, the telephone numbers of the officer and the address. He also wrote the name of his partner, Officer Yucaitis, on the business card. He denied telling defendant's mother that he merely wanted to talk to her son and would do so outside in the police car, or that he gave her the impression that he was not taking defendant to the police station. He then proceeded with defendant in custody to 9059 South Cottage Grove Avenue, the Area 2 homicide office.
At approximately 9 a.m. with Youth Officer Matthews present, Officer Nealis had a conversation with defendant for 15 or 20 minutes. He first advised defendant of his Miranda warnings and that anything he might say could be used against him not only in a juvenile proceeding but at criminal court in a possible adult proceeding; defendant stated he understood. He also informed defendant that the officers had learned from Newgene Anderson, whom defendant admitted he knew, that defendant was implicated in the death of Alfhild Heil, a 75-year-old female, and asked defendant if he knew this woman.
Defendant stated that he did. Officer Nealis was also present during an interview that took place at noon that same day. Also present at that time were Officer Matthews, Assistant State's Attorney Ed Vienuzis and a court reporter, Jim Cronin. Defendant gave a written confession at that time to the murder and burglary.
Assistant State's Attorney Edward Vienuzis testified that on July 16, 1976, he spoke with Officers Yucaitis and Nealis concerning an ongoing investigation of a homicide that had occurred on July 14, 1976, at 8425 South Paxton Avenue. He spoke to defendant at approximately 11 a.m. for 20 minutes; youth officers Matthews and Pittocora were present. He advised defendant of his constitutional rights and had a subsequent interview at approximately noontime with a court reporter present. Present at this time were Officers Nealis and Matthews and the court reporter.
Richard Matthews testified he is a Chicago Police Department youth officer. On July 16, 1976, he arrived at work at approximately 8 a.m. Shortly thereafter, he was told to go upstairs because there was a murder investigation going on. Officers Nealis and Yucaitis had two juveniles in custody. One of these was defendant, who was alone at that time. At approximately 9 or 9:15 a.m. he was present during a conversation in which Officer Nealis asked defendant questions. He heard Officer Nealis advise defendant of his rights under Miranda and his "juvenile rights" before he was questioned. Later, he was present when Assistant State's Attorney Vienuzis interviewed defendant at 10:30 or 11 a.m. This took 15 or 20 minutes. At approximately noon, he was again present with Officer Nealis and a court reporter when Vienuzis took a written statement. Vienuzis then went into the room with defendant, read him the typed statement and asked defendant if it was correct. He saw defendant make some corrections and initial each correction with a pen before signing the statement. At no time did defendant ask to see either of his parents. On cross-examination, he testified he was told to go upstairs at 8:10 or 8:15, and he went up immediately. When he arrived upstairs, defendant was already there.
Johnnie Haynes, defendant's mother, testified that on July 16, 1976, her husband left for work at approximately 4 a.m. About 5:10 a.m., two detectives came in. They did not give their names, but said they were detectives and wanted to see the 16-year-old defendant, who was in bed. She then sent her grandson upstairs to bring defendant down. One officer then told defendant he wanted to talk to him outside and ask him some questions. After defendant went to the bathroom, he came back and went out the door with the police officers. Subsequently, she called the nearest police station, at 88th and Exchange, which is approximately one mile away, because no officer ever called to tell her where defendant was. She kept calling the police station, but the police told her they did not have defendant at that station. She testified that she made about one dozen calls but could not reach defendant. She went to the Main Post Office, where her husband worked, about 2 p.m. and told him what had happened. They both went to the police station on Cottage Grove, where the police told her husband defendant was upstairs.
On cross-examination, she testified that Officer Matthews was one of the officers who came to her house. She denied that she opened the door for the police officers. Rather her 14-year-old daughter went to the door and she accompanied her. Her daughter then opened the door. She also stated that she arrived at the proper police station at Area 2 homicide at approximately 4 p.m. and was able to see her son.
Jimmie Haynes testified that defendant was his son. The witness said that he left for work at the Main Post Office at approximately 4 a.m. on July 16, 1976. Later his wife arrived at his work place around 2:30 p.m. She explained to him that the policeman had picked up their son and she had tried unsuccessfully to discover his whereabouts. He called the nearest police station at 88th and Exchange, but the police said that defendant was not there. This witness then took the car and went to the next police station at 91st and Cottage Grove, arriving there at 4 or 4:30 p.m. There he saw defendant who was handcuffed to a radiator.
The trial court denied the motion to suppress, finding that the officers had probable cause to arrest and were duty bound to go out and take defendant into custody after Anderson had implicated him in the recent murder that the officers had to solve as quickly as they could. The trial court specifically found there was no legal necessity to secure an arrest warrant. Respecting the absence of defendant's parents, the court noted the youth officer was present to make sure defendant, who was a juvenile, would be accorded his rights; that there was no evidence defendant was ever mistreated by the police officers; that the evidence showed the officers advised defendant of his constitutional rights; and that defendant was treated fairly. The court allowed the confession to be admitted into evidence.
• 1 We find that the police had probable cause to believe that defendant had committed the crimes of burglary and murder. Police Officer Nealis had visited the scene of the murder that had occurred only two days earlier. Anderson gave a statement that clearly implicated defendant. However, the officer was not relying only on the statement of Anderson since his own investigation corroborated the details provided by Anderson, which Anderson alleged had been given to him by defendant. Anderson's statements could be considered trustworthy since they were against his interests. These statements displayed Anderson's guilty knowledge that he could have obtained because he was present himself, as defendant later claimed in his confession; or Anderson might have received this information from someone who had been present. Under these circumstances, we believe that the information known to the investigating officer was sufficient to establish probable cause that defendant had committed or was responsible for the murder and burglary two days earlier at the victim's home. Compare People v. McKee (1968), 39 Ill.2d 265, 235 N.E.2d 625; People v. Sims (1978), 58 Ill. App.3d 668, 374 N.E.2d 1050.
But defendant now argues that, even if probable cause existed, his arrest at his home without an arrest warrant was improper. While this case was pending on appeal, the United States Supreme Court decided two appeals in Payton v. New York (1980), 445 U.S. 573, 63 L.Ed.2d 639, 100 S.Ct. 1371. Payton holds that the fourth amendment to the Federal Constitution requires that police obtain a warrant to enter a suspect's home to arrest him. The Supreme Court did not consider the argument of what it termed an "arguable" proposition, that a warrantless entry might be justified by exigent circumstances, but it commented:
"Finally, in both cases we are dealing with entries into homes made without the consent of an occupant. In Payton, the police used crowbars to break down the door and in Riddick, although his three-year-old son answered the door, the police entered before Riddick had an opportunity either to object or to consent." 445 U.S. 573, 583, 63 L.Ed.2d 639, 649, 100 S.Ct. 1371, 1378.
• 2 In People v. Abney (1980), 81 Ill.2d 159, 407 N.E.2d 543, the Illinois Supreme Court held that the Illinois arrest statute (Ill. Rev. Stat. 1977, ch. 38, pars. 107-1 to 107-14) is consistent with Payton v. New York, and that statute does not allow warrantless entries to arrest, except when there are "exigent circumstances." *fn1 Thus, under the Illinois statute, as authoritatively construed in Abney, a warrantless entry into a person's home for purposes of arrest is reasonable only if there is probable cause and if exigent circumstances justify the warrantless entry to arrest. Each case, however, is to be decided on its own facts.
• 3 Exigent circumstances may be found here based on the guidelines set forth in Abney. Defendant was arrested shortly before 9 a.m. on July 16 within, at most, a few hours of Anderson's statements to police implicating him in the murder of a 75-year-old woman which had taken place on the evening of July 14. Our supreme court in Abney noted that the police had an unusual opportunity to quickly apprehend a possibly armed and dangerous subject and thereby prevent his escape, avoid exhaustion of law enforcement resources and help insure against further endangerment to the community in holding that the warrantless arrest was proper. In this case the probable cause for defendant's arrest was strong, the crime was recently committed and was very violent in nature, and the officers did not contemplate their course of conduct for an extended period of time. Further, the arrest was peaceful. We conclude their actions were reasonable in light of all the circumstances presented. See also People v. Sakalas (1980), 85 Ill. App.3d 59.
We also consider the present circumstances to be distinguishable from those in Payton v. New York, since defendant did not establish a nonconsensual police entry. There is no evidence in the case at bar that the police ever entered the premises, or that defendant or his mother or any other person objected. (But cf. People v. Montgomery (1980), 84 Ill. App.3d 695, 405 N.E.2d 1275.) Rather the evidence indicates that when the police arrived and announced their purpose to take defendant into custody, defendant was summoned, dressed, and voluntarily submitted to custody. Although this constitutes an arrest for all practical purposes (People v. Wipfler (1978), 68 Ill.2d 158, 368 N.E.2d 870), it is unlike the situation in Payton v. New York where the police officers made an actual and forcible entry in one instance in order to effect the arrest and entered in the other before an objection could be voiced.
Here, the police did not force their way in or invade defendant's home over his objection or that of any other resident of the premises. Rather, the facts here indicate that defendant without protest voluntarily accompanied the police to the station. Therefore, Payton v. New York does not apply to the situation before us and does not require reversal under the circumstances here. See People v. Sakalas.
Defendant next contends that since he was deprived of a parent's advice during his interrogation, his statement should not have been admitted. Defendant recognizes that the law in Illinois, at present, does not support his argument (In re Stiff (1975), 32 Ill. App.3d 971, 336 N.E.2d 619), but contends that this court should adopt a rule excluding evidence obtained in derogation of section 3-2 of the Juvenile Court Act (Ill. Rev. Stat. 1977, ch. 37, par. 703-2). Defendant cites decisions from other jurisdictions such as Lewis v. State (1972), 259 Ind. 431, 288 N.E.2d 138, which support this claim.
• 4 The Illinois courts> have recognized that it is preferable that the parents of a juvenile be present during questioning (In re Bertrand (1978), 65 Ill. App.3d 703, 705, 382 N.E.2d 660), but have held that the absence of an accused juvenile's parents or guardian during questioning does not render ineffective an otherwise valid waiver of constitutional rights; rather, the fact that there has been a violation of section 3-2 of the Juvenile Court Act, and a failure to notify the juvenile's parents, resulting in their absence during questioning of the juvenile, has been stated to be at most "a factor in determining whether subsequent statements were voluntarily made." (People v. Creach (1979), 69 Ill. App.3d 874, 890, 387 N.E.2d 762, aff'd in part, rev'd in part on other grounds (1980), 79 Ill.2d 96, 402 N.E.2d 228.) We note that no claim has been made that defendant's confession was in fact involuntary. Under the circumstances, the absence of defendant's parents during his questioning by police did not render his confession inadmissible. See People v. Prude (1977), 66 Ill.2d 470, 363 N.E.2d 371; In re Lamb (1975), 61 Ill.2d 383, 336 N.E.2d 753.
Accordingly, the judgment of the circuit court is affirmed.
Judgment affirmed.
JIGANTI and ROMITI, JJ., concur.
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This is a ruffled satin custard vase by Fenton, hand painted and signed by Mike Trembly. This vase measures 7" tall and 5" tall. Soft pastel pink flowers with green foliage hand painted in place. This piece is in excellent condition and is ready to be yours! ENJOY!!
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Chief Solomon Edebiri
Shocking!!! Edo PDP guber aspirant, Chief Solomon Edebiri dumps party
The crisis rocking the Peoples Democratic Party (PDP) in Edo State has taken a new twist as one of the core aspirants, Chief Solomon Edebiri, who felt cheated in the last governorship primaries has resigned his membership from the party.
In a letter dated 15 July, signed by Chief Edebiri, which was made available to newsmen in Benin City, Edebiri expressed gratitude to all those who contributed to his political career.
He said, "After careful review of my political affiliation with the […]