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November 30, 2011
JORGE D. GARCIA,PLAINTIFF,v.JAMES A. YATES, ET AL.,DEFENDANTS.
ORDER DISMISSING PLAINTIFF'S FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A COGNIZABLE CLAIM (ECF No. 9)
On August 27, 2009, Plaintiff Jorge D. Garcia, a state prisoner proceeding pro se and in forma pauperis, filed a civil claim in the Superior Court of the State of California, County of Fresno. (ECF No. 1.) Defendants removed the matter to this Court on the grounds that the claims arise under 42 U.S.C. § 1983. (Id.) Plaintiff has consented to Magistrate Judge jurisdiction. (ECF No. 5.) Plaintiff's Complaint (ECF No. 1) was screened and dismissed, with leave to amend, on August 23, 2011, for failure to state a cognizable claim. (ECF No. 8.) Plaintiff's First Amended Complaint is now before the Court for screening. (ECF No. 9.)
The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous, malicious," or that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).
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).
Plaintiff identifies the following individuals as Defendants in this action: (1) James A. Yates, Warden, Pleasant Valley State Prison ("PVSP"); (2) Dr. F. Igbinoza, Chief Medical Officer, PVSP; (3) John Doe # 1, Doctor, PVSP; (4) Dr. Jameson; (5) Dr. Mui; (6) John Doe # 2; and (7) Dr. Wilson, Level IV, PVSP.
Plaintiff alleges the following:
On January 12, 2006 Plaintiff was sent to the x-ray room from the yard clinic. A week prior he had experienced fever, chills, and night sweats and had trouble breathing and sleeping. (Compl. at 3.) The x-ray report stated "no oxygen on small part of the lung," indicating that Plaintiff's left lung was collapsing. ( Id.) At the time of the x-ray Dr. John Doe # 1 sent Plaintiff back to his cell with "some pills." (Id.) By leaving Plaintiff with medication as the only treatment for a collapsing lung, Doe # 1 exhibited "deliberate indifference to [Plaintiff's] health, nothing else was done to alleviate [Plaintiff's] pain or investigate the cause of [Plaintiff's] lung collapsing. At this point, [Doe # 1] knew these were 'Valley Fever' symptoms but [Doe # 1] send [Plaintiff] back to [his] cell with great pain for the next 7 days." (Id.)
By January 19, 2006, the symptoms had not subsided. The yard clinic sent Plaintiff to the x-ray room again. Examination showed that Plaintiff's left lung had collapsed completely and was taking on fluid. (Id. at 4.) Plaintiff was hospitalized with "pneumonia, dehydration, high fever, chest pain, difficulty breathing and with the left lung totally collapsed." (Id.) Had Doe # 1 provided the proper medical procedure after the initial x-ray, Plaintiff's condition would not have needed hospitalization. (Id.)
Plaintiff's lung was drained at University Medical Center in Fresno City. A team of doctors at the medical center recommended surgery and Plaintiff consented. Later the doctors decided against the surgery because it "was too risky.'" (Id. at 4.) Plaintiff alleges that Dr. F. Igbinoza denied the surgery. (Id.) The doctors recommended a different surgery. Again Plaintiff consented. The attending doctors decided that surgery also was too risky. Plaintiff was returned to PVSP and began to see specialists "but . . . believe[s] that whatever they said was worthless because John Doe # 2 was stopping future treatments." (Id. at 5.) Plaintiff continued to experience painful symptoms.
On January 29, 2009, Dr. Jameson changed Plaintiff's medication. On March 17, 2010, Plaintiff's Valley Fever infection was low and Dr. Mui concluded that Plaintiff no longer needed medication. (Id.) On May 5, 2010, Dr. Wilson observed an increase in some measure of Valley Fever infection and resumed the medication originally ordered by Dr. Jameson. Seven days later Dr. Mui observed that Plaintiff's Valley Fever was at zero and ordered more tests. On June 18, 2010, Dr. Wilson reported to Plaintiff that his Valley Fever was getting worse. Plaintiff never received the medication prescribed by Dr. Wilson on May 5, 2010. His medication resumed on June 25, 2010. (Id. at 6.)
Plaintiff concludes that the aforementioned conduct amounted to inadequate medical care in violation of the Eighth Amendment.
To state a claim under Section 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, 129 S.Ct. 1937, 1949 (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 1949-50.
Plaintiff claims that he received inadequate medical care in violation of the Eighth Amendment. "[T]o maintain an Eighth Amendment claim based on prison medical treatment, an inmate must show 'deliberate indifference to serious medical needs.'" Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). "Medical" needs include a prisoner's "physical, dental, and mental health." Hoptowit v. Ray, 682 F.2d 1237, 1253 (9th Cir. 1982); Hunt v. Dental Dept., 865 F.2d 198, 200 (9th Cir. 1989) ("[T]he Eighth Amendment requires that prisoners be provided with a system of ready access to adequate dental care.").
The two part test for deliberate indifference requires the plaintiff to show (1) "'a serious medical need' by demonstrating that 'failure to treat a prisoner's condition could result in further significant injury or the unnecessary and wanton infliction of pain,'" and (2) "the defendant's response to the need was deliberately indifferent." Jett, 439 F.3d at 1096 (quoting McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir. 1992), overruled on other grounds, WMX Techs., Inc. v. Miller, 104 F.3d 1133 (9th Cir. 1997) (en banc) (internal quotations omitted)).
Deliberate indifference is shown by "a purposeful act or failure to respond to a prisoner's pain or possible medical need, and harm caused by the indifference." Jett, 439 F.3d at 1096 (citing McGuckin, 974 F.2d at 1060). The complete denial of medical attention may constitute deliberate indifference. Toussaint v. McCarthy, 801 F.2d 1080, 1111 (9th Cir. 1986). Delay in providing medical treatment, or interference with medical treatment, may also constitute deliberate indifference. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir. 2000). Where delay is alleged, however, the prisoner must also demonstrate that the delay led to further injury. McGuckin, 974 F.2d at 1060. In order to state a claim for violation of the Eighth Amendment, a plaintiff must allege sufficient facts to support a claim that the named defendants "[knew] of and disregard[ed] an excessive risk to [Plaintiff's] health . . . ." Farmer v. Brennan, 511 U.S. 825, 837 (1994). '[A] difference of opinion between a prisoner-patient and prison medical authorities regarding treatment does not give rise to a § 1983 claim.'" Turner v. Greenman, 2011 WL 1343120, *3 (E.D. Cal. Apr. 7, 2011) (quoting Franklin v. Oregon, 662 F.2d 1337, 1344 (9th Cir. 1981).
"[A] complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment. Medical malpractice does not become a constitutional violation merely because the victim is a prisoner." Estelle, 429 U.S. at 106. The Ninth Circuit has held that mere 'indifference,' 'negligence,' or 'medical malpractice' will not support this cause of action." Broughton v. Cutter Laboratories, 622 F.2d 458, 460 (9th Cir. 1980) (citing Estelle, 429 U.S. at 105-06). To state an Eighth Amendment claim in this case, Plaintiff must show that the "course of treatment the doctors chose was medically unacceptable under the circumstances" and "that they chose this course of treatment in conscious disregard of an excessive risk to [Plaintiff's] health." Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1996).
The symptoms Plaintiff describes - pneumonia, dehydration, high fever, chest pain, and difficulty breathing - are sufficiently severe to satisfy the first element of Plaintiff's Eighth Amendment claim, i.e., they allege a serious medical need. McGuckin, 974 F.2d at 1059-60 ("The existence of an injury that a reasonable doctor or patient would find important and worthy of comment or treatment; the presence of a medical condition that significantly affects an individual's daily activities; or the existence of chronic and substantial pain are examples of indications that a prisoner has a 'serious' need for medical treatment.") The first element is satisfied as to all Defendants; the only remaining question is whether Plaintiff has alleged sufficient facts to support the allegation that the Defendants exhibited deliberate indifference to his serious medical needs.
For the second element, it appears Plaintiff's inadequate medical care claim relates to three distinct events or series of events: (1) Doe # 1's failure to employ the correct medical treatment on or about January 12, 2006; (2) Dr. Igbinoza's refusal to allow recommended surgeries and Doe # 2's refusal to follow specialists recommendations; and (3) the delay in medication from March 17, 2010 to June 25, 2010.
For the reasons discussed below, the Court finds that Plaintiff has failed to adequately plead that any of these events or series of events amounted to deliberate indifference.
A. Incorrect Medical Treatment
On January 12, 2006, an x-ray of Plaintiff's lungs showed that there was "no oxygen on small part of the lung." (Compl. at 3.) Within seven days Plaintiff's lung collapsed. (Id. at 4.) Plaintiff alleges that Doe # 1's treatment with medication alone amounted to deliberate indifference. The Courts previous screening order instructed Plaintiff that to state a claim he had to allege something more than either his disagreement with the Defendants' medical choices or that those choices were made negligently. He was told that to state a cognizable claim he must allege that the Defendant adopted a medically unacceptable course of treatment in conscious disregard of its creating an excessive risk to Plaintiff's health. (ECF No. 8 at 7, 8) (citing Estelle, 429 U.S. at 106; McIntosh, 90 F.3d at 332).
There are no allegations in the amended Complaint to suggest that Doe # 1's treatment of Plaintiff's not-yet-collapsed lung was medically unacceptable under the circumstances or that Doe # 1 otherwise acted in conscious disregard of Plaintiff's health. Since Plaintiff was instructed on the applicable legal standard and he undertook to amend but presented an amendment that remains inadequate, further leave to amend would be pointless. Plaintiff's claim against John Doe # 1 is dismissed with prejudice.
B. Denial of Surgeries and Recommendations
Plaintiff alleges that two surgeries were proposed while he was hospitalized, but in each case, the doctors who originally recommended surgery later decided the procedures were too risky. (Compl. at 4, 5.) Plaintiff also alleges that Dr. Igbinoza would not authorize the surgeries. (Id. at 4.) Such allegations do not constitute a cognizable claim against Dr. Igbinoza. Even if it was Dr. Igbinoza who decided the surgeries should not go forward, Plaintiff's own pleadings make it clear that medical advice against surgery was followed. The determination not to operate under those circumstances can not be said to reflect a conscious disregard for Plaintiff's well-being.After Plaintiff was released from the medical center, he was returned to PVSP where he began seeing specialists. Plaintiff "believes whatever [the specialists] said was worthless [sic] because John Doe # 2 was stopping future treatments." (Id. at 5.) The First Amended Complaint does not explain how Doe # 2's conduct amounts to deliberate indifference. To the extent Plaintiff is asserting that Doe # 2 disagreed with the specialists, Plaintiff has not stated a cognizable claim. "[A] difference of opinion between a prisoner-patient and prison medical authorities regarding treatment does not give rise to a § 1983 claim." Franklin v. Oregon, 662 F.2d 1337, 1344 (9th Cir.1981) (internal citation omitted); see also Sanchez v. Vild, 891 F.2d 240, 242 (9th Cir. 1989) (prison officials were not deliberately indifferent where one physician recommended surgery, but subsequent treating physicians concluded surgery was unnecessary). Plaintiff's claim against Doe # 2 is purely conclusory and cannot be the basis for a cognizable claim. Iqbal, 129 at 1949.
The Court's previous screening order gave Plaintiff notice of the essential elements of a cognizable inadequate medical care claim. Plaintiff has failed to satisfy those elements with respect to Dr. Igbinoza and John Doe # 2. Accordingly, his amended claims against them are dismissed with prejudice.
C. Delayed Medication
Plaintiff alleges that he was deprived of his medication from March 17, 2010 until June 25, 2010 in violation of his Eighth Amendment right to adequate medical care. (Compl. at 6.)
Plaintiff was prescribed the medication by Dr. Jameson on January 29, 2009. Dr. Mui determined the medication was unnecessary on March 17, 2010. On May 5, 2010, the medication was to be resumed based on new test results. (Id. at 5.) The medication was not resumed until June 25, 2010, after an appointment with Dr. Wilson.
Factual allegations in the First Amended Complaint indicate that the measure of Plaintiff's Valley Fever infection changed regularly. Dr. Mui observed Plaintiff on March 17, 2010, when Plaintiff's Valley Fever infection metric was low, at "1:04", and ordered his medication stopped. (Id. at 5, 6.) By contrast, on May 5, 2010, Plaintiff's Valley Fever had increased to "1:08", at which time Dr. Wilson ordered Plaintiff's medication restarted. (Id. at 6.) There are no facts to indicate any of the doctors' behavior was the product of anything other than the exercise of medical judgment. Even if that judgment were poor or even negligent, it would not thereby satisfy the deliberate indifference element necessary to a constitutional claim. Estelle, 429 U.S. at 106.
Plaintiff alleges he was deprived of medication from March 17, 2010, until June 25, 2010. (Compl. at 6.) The medication lapse is not attributed to any deliberate indifference. Plaintiff's claims against Drs. Mui, Wilson, and Jameson are dismissed with prejudice.
For the reasons stated above, the Court finds that Plaintiff's Complaint fails to state a claim upon which relief may be granted and that leave to amend would be futile. See Noll v. Carson, 809 F.2d 1446, 1448-49 (9th Cir. 1987). Accordingly, Plaintiff's First Amended Complaint is DISMISSED WITH PREJUDICE for failure to state a claim. The Clerk shall close the case.
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TravelPod Member ReviewsHoliday Inn Cardiff City Centre
Holiday Inns aren't a chain Australian's have much exposure to. To be honest, we didn't expect much in Cardiff, especially considering the rate we paid. Gee were we surprised.
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Can't recommend the Holiday Inn Cardiff City Centre enough.
This review is the subjective opinion of a TravelPod member and not of TravelPod.com.
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... though we left a little late saw us get through security pretty quickly and off to pay for the carpark. Putting the clocks forward an hour we left the carpark at 7:10pm arriving back in Montpellier at 10:30pm. The kids had a sleep in the car and we transferred them into their beds. The drive was an easy drive with light traffic but the road compared to a NZ highway was pretty dark with no real ability to use high beam as you always had ...
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Both New Hampshire primary elections are going to be recounted, since Dennis J. Kucinich has put up $27,000 to get the Democratic recount started, and Albert Howard (who was on the New Hampshire Republican ballot) has donated $56,000 to re-tally the Republican vote.
But the only reason these elections can even be recounted is because voting precincts in New Hampshire use paper ballots. And now some folks on Capitol Hill want to make it easier for other states to switch to non-electronic voting systems before the November election.
Rush Holt, a Democratic representative of New Jersey, introduced new legislation today that would reimburse all state and local jurisdictions that opted to convert to a paper ballot voting system, offer emergency paper ballots or convert audits by hand counts.
Speaking at a news conference in Washington this afternoon, Mr. Holt said theres still time to make sure the 2008 presidential election doesnt see the same voting controversy as happened in Florida in 2006, when some 18,000 electronically recorded ballots were marked no vote, and there was no accounting for what happened.
This bill, called the Emergency Assistance for Secure Elections Act of 2008, is a modified version of a bill Mr. Holt introduced last year that would have required a voter-verified paper ballot for every vote cast, in addition to random auditing. Since that more all-encompassing bill is still awaiting the House floor, Mr. Holt introduced this one, which moves from a paper ballot mandate to a paper ballot enticement.
(Excerpt) Read more at thecaucus.blogs.nytimes.com ...
Hopefully this will catch on and we can get rid of all those electronic vote fraud machines once and for all.
Yeah, we need more recounts </sarc
Being very familiar with computer systems validation there is no reason why electronic systems can't be orders of magnitude more reliable and accurate than paper ballots which can be lost, forged, etc.. I suspect the rats want to go back to paper because they know all the ways to cheat using them.
I think we should use the voting machines for the local stuff but for the Presidential Election we have two cards one blue one red with the name of the candidate on it, you pick up one and deposit it in the box.
Sounds good to me,here we start with paper then feed it to a machine,,might as well stop at the paper
I can think of one big one:
Politicians are involved in the funding, procurement and some of the design processes. This means the outcome WILL be flawed.
>>Both New Hampshire primary elections are going to be recounted, since Dennis J. Kucinich has put up $27,000 to get the Democratic recount started, and Albert Howard (who was on the New Hampshire Republican ballot) has donated $56,000 to re-tally the Republican vote.<<
1. Uhh, yeah that makes since since they both came in such a close second.
2. But I do think there needs to be a paper trail. I don't care who the President of Diebold donates to - that won't stop conservatives from getting screwed at some point.
Now that we're in the middle of an election, all of a sudden they want to complain.
Forgive me, but this is just asinine !
We moved from paper voting because the Rats complained after 2000 that their voters were too stupid to understand how to vote. Then once we moved to electronic voting, they complained again and want to go back to paper. This is getting tiresome.
We use paper ballots and prefer those over electronic. However in the future it seems there should be a way to have a paper record that includes identification of the voter that cast the ballot.
The problem with paper ballots is that the Democrats always seem to have some stashed away in a warehouse, that turn up just in time to prove that their candidate won.
Good news. The democrat fraud machine loves these new electronic wonders....the rest of us end up wondering who voted for who.
Duncan Hunter Calls for Paper Ballots
No secret ballot. I don't think so.
We have paper too and it is just fine, cheap, and fast.
There is no way to secure electronic voting. Just look around today. Electronic systems are always being defeated. At least with paper, you can see the culprit and a large scale cheating effort with proper oversight is going to be plainly visible.
I love to joke with folks by telling them that Rush is my congressman. ;-)
No warehouse necessary when you have a VOTE-A-MATIC stashed in the trunk!
Besides, the DUmocrats always keep those extra cases of votes stashed in CHURCHES where the Rah'vrund Al & Jesse go to make speeches.
Why not have a machine that asks if you are sure this how you wanted to vote, and prints a receipt? People could then pull a numbers report and make sure it went to where it was supposed to.
I'm not 100% sold on voting machines, but when you consider the Dem track record with paper ballots, there's probably a reason they want to go back to paper. Manufacturing votes with a supply of ballots and a machine is something an eighth grade dropout can do, but you need specialized skills to hack a Diebold voting machine.
Paper ballots are the Democrats' idea of a make work stimulus.
I have always wanted a system in which you have a paper ballot which contains a removeable stub that contains an ID code ( bar code or number coded etc..). The code will not in any form identify you as the person who cast that particular ballot, but would be used by the election officials as some kind of input into a data base so the vote can be registered online and eventually check by the voter. So the only real use it will have is so the voter can go online and check to see if their vote was counted , and if it was counted correctly. The ballots could be issued in a random draw by the voter, so it couldn`t be traced by anyone but the voter.
Doh! Why can't we have electronic voting machines that will print out a running record of the vote per machine plus a receipt of your own vote?
Howard, believe it or not, was on the ballot in NH, just like Ron Paul, from TEXAS, etc. He got FORTY-FOUR votes, so the recount will cost him $12,500 per vote that he got. Almost as much as some of the "real" candidates??
A fool and his money...
Nonsense. There are plenty of ways to make electronic systems secure. The problem is that nobody seems interested in doing so.
Explain how you would attack the following: A board using nothing but common of-the-shelf components is constructed with a microcontroller that can interface to two flash-based memory cartridges. The board has no non-volatile storage of its own. The controller can only execute code from the first cartridge port, and it is incapable of writing to the media stored there.
Each cartridge has a read-write port and a read-only port, and is constructed in such a way that when a cap is placed on the read-write port it cannot be written unless or until the cap is removed. The cap my be held in place with a number of seals, one for each interested party. Designs for inexpensive cartridge readers are readily available.
The machine should be constructed with a place to affix a number of padlocks (say, four). When the locks are installed, the machine cannot be opened. The cartridges may be viewed through a window, but not tampered with.
Before an election, the initial contents of both memory cards are prepared and published. The "code" cartridge is write-protected and sealed by election judges from all parties, who then use the read-write port to confirm its contents. The "ballot" cartridge is temporarily write-protected, verified by all the election judges, and then loaded into the machine. Seals are applied to hold the cartridges in the machine, and the machine is locked up using a padlock from each party.
After the election, in full view of election judges from all parties, the locks are removed and the "ballot" cartridge is write-protected and sealed. Members of all parties read out the contents of both cartridges and exchange digitally-signed copies. If the copies don't match, each party summons someone else in the party to supply another reader, until the contents of the cartridges are reliably established.
Where's the room for tampering?
Maybe I have that mixed up with a different series, but in a way I support the notion when it comes to elections.
It is much easier to falsify computer data than it is to produce actual ballots.
You might want to think about that a little further. This is an excerpt from a piece I first posted in 2003,
The concerns are on two levels. First, from the perspective of those not familiar with the technology, it is a device whose inner workings and inherent security they cannot possibly understand. If they can't understand it, how can they be assured that it is honest? Second, those who DO understand signal processing, software, and communications technology know that is far too easy to defraud the system in a way that would be irreversible and undetected. Either way, touch-screens are a loser.
Now, as users of ATMs, cell phones, the Internet, and other electronic media, it might at first seem a little strange that so many people have such concerns. Upon further consideration however, the key distinctions between voting and a service handling mere money become obvious:
Governments are monopolies. One can go down the street to another bank and take the offending bank to court. An evil government can land you in prison (or worse) because they ARE the court. The stakes associated with voter fraud are far higher than with an ATM and so is the temptation to defraud the system.
And also show anyone else who was interested that he "voted correctly"? A proper secret ballot requires that nobody--even the voter himself--be able to prove how he voted except in near-unanimous elections (if 120 people voted, and there are 119 votes for John Smith, the person who didn't vote for John Smith knows how everyone else voted). Otherwise, it would be possible for someone to coerce anyone who would be able to prove how he voted, to actually do so.
People are allowed (and encouraged) to compare their own records with those of their financial institutions. In a secret-ballot system, such comparison is impossible.
I don't get that either. It seem so simple. When I pay a bill online, I always print out a confirmation page. As usual, capitalism is way ahead of government.
The one problem is that printed ballots, and probably receipts would need to stay inside the polling place. Otherwise, the voter could be 'detained' by some 'friends' just to make sure he voted the way he was instructed to. Then they could beat the tar out of him if the receipt said otherwise.
That said, all Dems should be required to use a butterfly ballot!
We just finally got electronic voting, probably not even paid for yet.
This must be practice for next November.
Bumb and what makes everyone think its Howards money being used for a recount?
Good point.
No matter what, the Rats will have something to whine about. I say lets go back this and get it done and over with:
Although even this would cause whining in the Rat packs .. they'd cry that "so-and-so didn't make eye contact with me while my hand was raised" ...... EGADS !!!!
How can the contents be confirmed and by whom? It would take a programmer familiar with the language of the "code" cartridge who also has full knowlege of further 'instructions' that might be on the microcontroller board. That isn't a very transparent system to the average poll worker and one that is full of opportunity for whoever might wish to have a leveraged affect on the electoral process.
One year in CA, each county had their own ballot (a paper punchcard). Each county and some large precincts had their own paper ballot- with the order of the main candidates different! So a box of ballots from Orange County, which is pretty republican, scanned in Marin county, which is pretty democrat, will yield different vote tallies since the punch in Orange, say slot 1, is for Reagan, but in Marin, slot 1 is Kucinich. This was discovered when I got the wrong absentee ballot (I travel a lot) that was printed for human eyes "Humboldt" rather than "Los Angeles" but my neighbor got an LA ballot and we compared, standing out under the eucalyptus tree we share. A few phone calls verified that the paper ballots were indeed all different depending on county and precinct. Otherwise there was nothing digital to distinguish the two. The paper folder that had which hole to punch directed us to different punches for the same candidate. Confusion and fraud potential built in.
Anyone else from CA have data on this?
Paper is mutable, negotiable, volatile, flammable, punchable. Paper can be trucked and shuffled.
Dems and libs love it! The Washington state gubernatorial race is a case in point- each count of paper ballots was different and closer to a dem win, until the dem won. But, if I ask my computer here for a checksum of a file, every time, it will say the same even if I write C code to ask a million times. Pretty immutable, and if you depend on cheating and trucing boxes of paper around, intolerable.
If you have a voting machine with a secured paper tape for audit, once the paper tape is swapped for another and the paper tape does not match the electronic record, what do you do to resolve the discrepancy? Well, a court would probably go with the tape record, which can be printed anywhere and anytime for anyone's advantage.
That Youtube video, in which some professors with unlimited access to a voting machine wrote their own code and then proved that they could hack their own code given, again, unreasonable access to the machine, had a lot of influence.
I couldn'tât agree more. As an electrician that works with PLCâs and computer networks every day, I would trust a paper ballot cast into a taped-up empty beer case with a slot cut into it than any electronic device. It would take only ONE rotten apple and the whole country would be screwed...
1- Paper ballots, and
2- Absolute proof of photo ID to vote.
Recount them all you like.
And if you have no proper ID, no vote for you.
It has not been so far. If I put a box, certified sealed, in my truck, then drive to a warehouse where we read the number of paper ballots in the box and take a similar box with the correct number of paper ballots marked for my candidate, apply a certification sticker, and then deliver it to the central office for certification, where is your paper trail?
If that new box is part of a recount, there will be no way to tell if it's been tampered with since, after all, it has the official paper seal on it with a signature and all of the tallies will match- number of voters at the precinct, number of ballots in the box. The correct box is out to sea.
Note that our Florida county had switched to the paper mark-sense ballots before the 2000 debacle and during those recounts, the count DID NOT CHANGE. Did the other counties follow our example? Hell no. Uncle Sugar ponied up megabucks and everyone bought the touch screen systems. Now guess what? we're paying for them to scrap the touch screens and buy ... mark-sense equipment.
I offer you $10 for each stub for my candidate, paid out after I see online that that stub was a vote for my guy.
Bring me seven, verified, and I'll give you a carton of cigarettes (sorry no tax stamp but good tobacco).
What do you say, you game?
Or maybe I'm your shop steward, or supervisor, or "curriculum monitor" of your school.
"As I recall, in Azimovs future (Foundation Series) computers were banned."
Dune, I think, which is why there were mentats.
I read both series more than once.
I am still not sure, but you're probably correct. I won't be reading either series again I am sure.
So that box is fraudulent and dishonest. Is that going to be the case with every ballot box in the country? Is EVERYONE a crook? I don't think so. With electronic balloting, it would only take ONE crook...
A digitally-signed copy of the contents is posted on the web for anyone to archive and examine. While a comparatively small number of people would have the expertise to make head nor tail of such a thing, a copy posted on the web could be inspected by people the world over.
As for ensuring that the particular cartridge matched the publicly-posted web copy, the judge from each party would plug the cartridge into a reader device and check.
The reader device could be constructed quite simply and cheaply, using readily-available plans and open-source software. The software could be written so that no particular technical expertise would be required for use in the field. Some expertise would be required for setup, but not too much.
Proposed method of use: each machine is pre-loaded with the proper pre-election ballot images, a list of public signature keys for the opposing party, and a private key for its owner's party. Before the election, the judges will insert the write-protected cartridges into their machines which will indicate whether they match the pre-loaded images. After the election, the judges will connect their machines together and insert the cartridges into each machine in turn. The two machines will communicate via an established protocol and digitally sign copies of the cartridges. Each machine will also check the validity of the other's signatures.
As a backup, it would be recommended that the judges bring printers, so that paper copies of the data could also be signed.
Doesn't seem too hard to me.
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Discussion in 'iOS Jailbreak & Cydia' started by macraze, May 2, 2009.
how do i change permissions
Right click something and click properties.
on my desktop, in iphone browser? on a mac or pc???
I'm talking about in winscp.
no wifi... co how would i do that?
You're gonna have to download an ftp program that doesn't need wifi.
where can i get one?
google iFunbox
still on funbox nothing for permissions
Get iFile (cydia) and it allows you to change user permissions (in a newb friendly way, i.e. buttons instead of numbers). Or get mobile terminal and learn the "cd" and "chmod" commands.
Separate names with a comma.


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We are pleased to offer this Vintage Arts and Crafts era Candle Stick Shade Butterflies. This Arts and crafts era candle shade is made in the style that Van Briggle pottery company used later with their electric lamps. I have never seen these in any early Van Briggle catalog information but I haven't seen everything! Made on a metal frame with 2 pieces of formed "plastic" inside the plastic is a group of wild flowers and a real butterfly. The edges are trimmed with early grosgrain ribbon. It has a clip on the backside that one uses to clip to the candle. I also think this would look wonderful with an Arts and Crafts era wooden candle stick.
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meaning that they filed the complaint on the last day they could (3 years) from the date the contract was voided, but neglected to file for Arbitration. When this comes to court, they will enforce arbitration, no dout, but does this mean that they missed the SoL by not filing for the arbitration in time?
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Celtics sign Collins, re-sign Dooling
The Boston Celtics have signed free agent center Jason Collins and re-signed guard Keyon Dooling.
The Boston Celtics have signed free agent center Jason Collins and re-signed guard Keyon Dooling.
The team also announced Tuesday it had signed two guards who played in Europe last season, Jamar Smith and Dionte Christmas.
Collins, an 11-year veteran, has averaged 3.8 points and 3.9 rebounds in 12.3 minutes in his career with New Jersey, Memphis, Minnesota and Atlanta. With the Hawks last season, he averaged 1.3 points and 1.6 rebounds in 10.3 minutes.
Dooling, a 12-year veteran, averaged 4.0 points and 1.1 assists in 14.4 minutes last season, his first with Boston.
Smith, a member of Boston's summer league team in Orlando, averaged 14.8 points and 2.5 assists for BK Prostov in the Czech Republic. Christmas averaged 18.6 points and 4.4 rebounds with AGO Rethymno Aegean in Greece.
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Albertson's Shifts Gears
Albertson's is shifting its business from a strictly operational focus to more of a customer orientation, said Richard L. King, president and chief executive officer of the Boise, Idaho-based chain.
According to him, "To win business, we must do the right things right." "We're changing from a purely operational focus to a customer/marketing focus as our formula for success. We're moving from merely supplying goods to also understanding customer-service needs.
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He said Albertson's was disappointed with its comparative sales results in January but expects sales to pick up.
According to A. Craig Olson, senior vice president of finance and chief financial officer, comparable-store sales for the quarter ended Jan. 28 were virtually flat, up only 0.3%.
He said January sales were negatively affected by the shift of New Year's Day into the prior four-week period and the shift of the Super Bowl from Jan. 25 a year ago to Jan. 31 this year. "Without the Super Bowl, our comparisons were flat for January," Olson said.
He said the company's goals for reversing the flat sales trend include increasing the number of in-store banks from 29 to 560 by year's end "because they are good traffic builders and a good source of rental income"; and increasing the number of fuel centers from nine to 17 this year, with plans to move faster in the new year and a five-year goal of 600.
According to King, Albertson's expects an August opening for a new 730,000-square-foot full-line distribution center in Tulsa, Okla., which will supply stores in the Midwest and the Mid-South.
Olson said the merger with American Stores -- expected to close later this year -- should result in cost savings of $600 million over three years, including $100 million the first year, $200 million the second year and $300 million the third year.


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Edward Moore 'Ted' Kennedy (February 22, 1932 - August 25, 2009) was a United States Senator from Massachusetts and a member of the Democratic Party. He was the second most senior member of the Senate when he died and was the fourth-longest-serving senator in United States history, having served there for almost 47 years. As the most prominent living member of the Kennedy family for many years, he was also the last surviving son of Joseph P. Kennedy, Sr.; the youngest brother of President John F. Kennedy and Senator Robert F. Kennedy, both victims of assassination, and Joseph P. Kennedy, Jr., killed in action in World War II and the father of Congressman Patrick J. Kennedy. Kennedy entered the Senate in a November 1962 special election to fill the seat once held by his brother John. He was elected to a full six-year term in 1964 and was reelected seven more times before his death.
Contributions by Blair P. Houghton, Jmabel, and Sukee.


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track list
Album Un Jour dans Notre Vie
Label BMG Ariola
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One of the main advertising points telecom companies rely on are fast Internet download speeds. The idea is if a customer likes the speed at which they can download movies, games, and other media to computers, televisions, and smartphones, they won't stray - especially if the monthly price is right. Verizon (NYSE:VZ) debuted its FiOS high speed Internet service back in 2004. Catering mostly to those living in the northern and eastern parts of the US, FiOS can be found in some smaller areas in the south, mid-west, and western regions.
Recently, the company stated it has no plans to expand FiOS services to more territories for now, but did announce the launch of advanced Internet download speeds (up to 300 Mbps) for customers willing to spend more each month. A new payment structure will be announced within the next few weeks.
So, what does this mean for existing FiOS customers? Currently, Internet download speeds for top paying customers are 150 Mbps for around $200 per month. Additional plans include slower download speeds, 75 Mbps (which the company plans to discontinue and instead offer 25 Mbps and 35 Mbps), and 15 Mbps. Interestingly, the majority of FiOS customers often request the 15 Mbps plan.
Marketing Disaster or Potential Money Maker?
Even though Verizon doesn't have any plans to expand FiOS to new territories, the company is hopeful that faster Internet speeds will attract more high paying customers. But with only a small percentage paying for higher speeds now, the question is how many people will sign up to pay even more each month? I think investors need to seriously consider whether customers will pay for faster download speeds if they're already content with what they have now.
This isn't the only potential issue Verizon has with FiOS. Currently, 5 million people have signed up for FiOS service - that's out of a potential 13.7 million who live in areas with available service. If Verizon has difficulty selling basic FiOS service, why offer advanced download speeds to people that aren't interested in FiOS at all? This seems counterintuitive to the age-old principles of supply and demand.
But perhaps Verizon is counting on the fact that more and more people download videos, games, movies, and other media to their televisions and computers. And, that these people have more than one device at home in which to do so. For hardcore gamers, for example, faster download speeds means less time waiting for screens to refresh. This does make playing interactive online games much easier and more fun.
FiOS vs. Cable Internet Service
The FiOS vs. cable Internet service battle continues with the latest service offerings from Verizon. But most cable service providers like Comcast (NASDAQ:CMCSA) don't seem threatened by higher Internet speeds. The company offers a variety of Internet, phone, and television packages in more areas than FiOS. Other telecom companies that offer high speed Internet services include Charter Communications (NASDAQ:CHTR), CenturyLink (NYSE:CTL), and Windstream (NASDAQ:WIN). Each of these companies has a comfortable market share that allows them to remain profitable even with increased competition.
Also, since Verizon provides FiOS service to a limited number of people, cable service providers have the advantage of less competition in areas where FiOS is not an option. Companies like Windstream have expanded into many new territories over the years to maintain steady profits. The company currently provides Internet and other telecom services to both business and residential customers.
Into the Unknown
It is unknown whether Verizon predicts upcoming technology will require faster computer download speeds, or if customers will begin to demand these speeds. So offering faster speeds now may be a preemptive move to get a jump on the competition. If this is true, the question remains why Verizon hasn't expanded FiOS and has no plans to do so. From an investment perspective, not having a complete grasp on Verizon's reasons for offering faster Internet download speeds may cause unrest as investors do not have enough information to determine which direction the company is going.
Since the Internet continues to grow, perhaps Verizon is preparing for the future by becoming the only telecom company so far to offer Internet speeds of 300 Mbps. I think investors should research what is going on in the telecom industry focusing primarily on upcoming technology. This may provide investors with more information so they can better understand Verizon's motivations for offering advanced download speeds to a small number of customers.
Customer's Changing Needs
With continuous online growth, the needs of customers will change. In the past, people had to wait two or three minutes to download a webpage or song. Nowadays, people wait as little as three to five seconds thanks to advances in technology. Today's customers don't (or can't) wait minutes for online content to download. Viewing movies, games, video content, and photos requires faster download speeds - it's just that simple. But how much are FiOS customers willing to spend each month for faster and faster download speeds if the average customer signs up to receive the slowest speeds to begin with? I do question the potential profit Verizon hopes to earn by offering faster download speeds.
In the end, investors will just have to wait and see how customers react. If there's enough demand, then the new download speed package will perform well. If not, then Verizon may have to discontinue this package or come up with a new pricing strategy. But over time, people will start to demand faster download speeds as they have in the past. Soon, three to five seconds will not be fast enough to keep up with the technology that's just around the corner. Perhaps that's what Verizon is counting on - to be ready for the next generation of home entertainment and computing.
Disclosure: I have no positions in any stocks mentioned, and no plans to initiate any positions within the next 72 hours.


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British Trade Deficit Grows
Published 1:29 pm, Monday, April 25, 2016
Britain's trade deficit with countries outside the European Union widened in December to $3.4 billion, up from $3 billion in November, the government reported Wednesday.
The larger than expected deficit was blamed on weaker global demand.
Total trade deficit including the EU was $2.4 billion in November, up from $2.15 billion in October, the Office for National Statistics said.


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Bach or holiday home | Langs Beach | #29919
The view is spectacular, sea views as far as the eye can see with views to Bream Head and the Hen and Chickens. Walk to Ding Bay in 5 minutes or Langs Beach in less than 10. Langs Beach is one of the best white sandy swimming and surfing beaches Northland has to offer. There is a private track down the side of the property to the rocks below. The sunny deck is very private with bush to the left and magnificent Pohutakawa trees to the right. The house is a comfortable 3 bedroom bach, 2 bedrooms inside and 1 in sleepout outside (with own bathroom). Mangawhai is a 10 minute drive away, Waipu Cove a 2 minute drive and Waipu township just 10 minutes away. An easy 90 minute drive from Auckland and 30 minutes from Whangarei.
Over the Christmas and New Year period a minimum of 7 nights stay is required preferably checking in on Saturday, checking out on Sunday.
Bedroom 1
1 x Bunk bed (single over double)
Master Bedroom
1 x King bed
Sleep out (very close to main house)
1 x Queen bed
|Rate period
|Week day
Peak season
03-Dec-16 to 28-Feb-17
|3 night minimum stay
*Pricing may vary depending on the dates you choose and the number of guests. Additional charges (extras) and minimum stay criteria may also apply. Bookings paid for through Bookabach online payments incur a 3% credit card transaction fee.
Stayed here? Add a Review
Absolutely Beautiful in every sense of the word. The house was immaculate and had a very modern appeal, and very warm for all those people who want to go in winter the fire was so good to have and the oil heaters. The view breathtaking you could just spend all day looking at the scenery and never get tired of it. The location perfect right between Langs and Waipu Cove. Would highly reccomend this property and will be back Thanks Helen it was a pleasure to stay and deal with you
The house is an older house, but everything is clean, bright, with modern appliances etc....The view is what makes this house amazing & is also incredibly private. It has a real 'bach' vibe which adds character & makes you feel like you are truly on a summer holiday. We loved it & will definitely stay there again.
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Ritz-Carlton Half Moon Bay Names James Cole Hotel Mgr/Dir. of F&B
Tuesday May 6th, 2014 - 8:51AM
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HALF MOON BAY, CA—James Cole has been appointed Hotel Manager/Director of Food & Beverage at The Ritz-Carlton, Half Moon Bay.
"James brings a wealth of knowledge and experience to his new responsibility and we are pleased to have him lead our operations," stated GM George Munz. "We look forward to his new perspective, fresh ideas and all of his contributions to our resort, community and brand."
Cole brings more than 15 years' of experience with restaurants, hotels and resorts, and is responsible for the management and operations of all food and beverage outlets, including Navio, The Conservatory and The Ocean Terrace. Additionally, he will oversee and support the day-to-day operations of the 261-room resort.
Cole's Ritz-Carlton background includes overseeing food and beverage operations in Sarasota, Georgetown, San Francisco, Grand Cayman and St. Louis. His previous roles within the company include Director of Outlets and Assistant Director of Food and Beverage. He also has experience working with The Dorchester Collection at The New York Palace as well as Club Corp. before joining The Ritz-Carlton.
Tags: The Ritz-Carlton • Half Moon Bay • James Cole • Hospitality • F+B • Operational • Brands •
The Hotel Business team just returned from this year's HX: The Hotel Experience, which was held in New York City at the Jacob K. Javits Convention Center. As we usually do post-event, we talk amongst ourselves about trends we noticed at the show, held in conjunction with BDNY. And while the latter—and now larger—show was abundant with design trends (let's just say blue seemed the prevalent color; bold, geometric forms the dominant shape; and metallics a common thread…pun intended!), the more traditional "hotel" side of the convention center had its own story to tell.
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Feel free to spend here some time and do your best to decide on one of these bedroom furniture ideas. As a matter of fact, there is no need to tell anyone about how important bedrooms are. Can you already buy one of these solutions for your kid's bedroom or what do you want to see?
Spring Rose Customizable Bedroom Set
Inspired by classic European Victorian style, this Customizable Bedroom Set includes a metal bed embellished by white pearlescent finish. Also crafted from solid wood and veneer, the bed ensures good durability and comfortable use.
Zayley Kids Storage Bedroom Collection
Attractive traditional set of white-painted wood. A twin bed has a bookcase-like headboard and can be converted to a full bed. All pieces have moulding tops and feature beautifully crafted circular and diamond latticework on drawers panels.
Imaginative Touches - Kids' Bedroom Ideas - Childrens Room, Furniture, Decorating (houseandgarden.co.uk)
Also planning on using plain white for furniture and duvet cover and then introducing bright colour using pillows, carpet, toys and decorations. Makes it easy to update the room this way. Already made the bunting in blues, lime & orange.
This gray and pink nursery was done on a small budget with lots of @IKEAUSA items and DIY projects! #nursery #DIY
Sophisticated Pink - Kids' Bedroom Ideas - Childrens Room, Furniture, Decorating (houseandgarden.co.uk)
I love how this one doesn't really have a color on the wall, it is just ascent pieces that make up the entire bedroom.
Do you love bright rooms? Here is a pretty children's room with lots of light. It's a small space but well decorated, with some IKEA furniture and bed with storage. …
I want to make this! DIY Furniture Plan from In a children's room, it just makes sense to store books facing flat. Then children can put their own books away. Also, flat bookshelves take up less floor space, a bonus for often tiny secondar
ikea wardrobe... Currently in the master making the transition to the guest room. A great, affordable and versatile piece.
Simple way to stage those awkward bedrooms in a finished attic; often found in a cap cod, craftsman, or salt box style home.
i don't like all the old pictures on the walls (kind of creepy for a kid if you ask me) but i love the colors and the shape of the bed.
Lavender and white dresser-switch colors to have a lavender body and whitewash stained top and dresser fronts.
The STUVA storage bench provides a comfortable window seat, while also providing toy storage underneath!
Delight your children this holiday season: Make a heirloom-quality wooden wagon just for just $75 in materials!
Tricks for Choosing the Perfect White {Paint It Monday} - The Creativity Exchange
Rustic Farmhouse---Make several of these wall hook boards so can place where needed over appropriate furniture.
Scandinavian/colourful room.White floors, walls and furniture. Colourful textiles. Dots. Lots of pillows. Clouds.
Twenty Favs of Twenty-Thirteen | Young House Love Cheery big girl room for isa
Alcove wardrobes in white satin lacquer and a medium frame. Bespoke interior storage.
Bold navy nursery. Just one wall so it's not too dark in the room - neutrals/splashes of a coordinating green for the rest of the room and decor
THELMA wardrobe via www.shop.xo-inmyroom.com.....this is an amazingly creative company, my compliments!
Pickled cabinets painted with Annie Sloan's Old Ocre and washed with Old White- a "beachy" look


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SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
March 25, 2011
IN THE MATTER OF NEW YORK SCHOOLS INSURANCE RECIPROCAL,PETITIONER-APPELLANT,v.PATRICIA ARMITAGE, RESPONDENT-RESPONDENT. ALEX CELNIKER, ROMAN A. CELNIKER AND LIBERTY MUTUAL INSURANCE COMPANY, PROPOSED ADDITIONAL RESPONDENTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered February 10, 2010.
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 25, 2011
The order denied the petition for a stay of arbitration.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Petitioner appeals from an order denying its petition seeking a permanent stay of arbitration. Respondent sought arbitration following petitioner's denial of her claim for no-fault insurance benefits. The propriety of the denial of benefits is a "dispute involving the insurer's liability to pay first party benefits" (Insurance Law § 5106 [b]), and we therefore conclude that Supreme Court properly refused to grant a permanent stay of arbitration (see generally Ryder Truck Lines v Maiorano, 44 NY2d 364, 368-369). Petitioner further contends that the issue whether the offset for workers' compensation benefits exceeds the monthly limit of first party benefits is not a matter for arbitration. We reject that contention (see § 5102 [a] [2]; see generally § 5106 [b]; Matter of Johnson v Buffalo & Erie County Private Indus. Council, 84 NY2d 13, 18-19; Matter of Cady [Aetna Life & Cas. Co.], 96 AD2d 967, affd 61 NY2d 594). Finally, we reject petitioner's contention that, by refusing to grant a permanent stay of arbitration, the court denied petitioner its right to seek a loss-transfer claim from additional proposed respondents (see generally Matter of Liberty Mut. Ins. Co. [Hanover Ins. Co.], 307 AD2d 40, 42-43).
Entered: March 25, 2011
Patricia L. Morgan Clerk of the Court
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Five-Minute Chicken
Total Time
Prep 10 mins
Cook 1 hr 15 mins
Easy and delicious! It's good served over noodles or with rice.
Ingredients Nutrition
- 6 bone-in chicken breasts
- 1 cup low-fat mayonnaise
- 1 (10 ounce) can cheddar cheese soup
- 1 (4 ounce) can sliced mushrooms
- 1⁄2 cup dry white wine
- 1 garlic clove, crushed
- 1 tablespoon dried parsley
- 1 teaspoon curry powder
- salt
- pepper
- paprika (to garnish)
- Coat a 9x13-inch baking dish with nonstick spray and arrange chicken pieces in it.
- In a large bowl, mix together the mayo, soup, mushrooms, wine, garlic, parsley, salt and pepper.
- Pour mixture over chicken.
- Bake 1-1 1/4 hours, or til done, at 350 degrees.
- Sprinkle with paprika before serving.
Most Helpful
Very Good. Put everything in the crockpot and it turned out great. Thanks for the recipe
My husband and I enjoyed it very much. I did add about 1/2 teaspoon dried ancho chiles to the mixture. Added just the kick it needed. The paprika on the top was nice, but the chiles in the mix allowed the flavor to cook through. Thank you so much for this new and interesting way to fix chicken. One thing I wasn't sure of was if I should have covered the dish while cooking or not. I covered 3/4 of the way and then took the foil off to allow chicken to brown some.