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ADA Info
All classes are in the library's meeting room.
Use our computers or bring your own laptop.
Beginner Word, Wednesday, 5/1, 3:30
Beginner Internet, Saturday, 5/4, 11:00
Intermediate Word, Wednesday, 5/8, 3:30
Beginner Email-Part 1, Thursday, 5/9, 11:00
Beginner Email-Part 2, Thursday, 5/16, 11:00
Computer Basics, Saturday, 5/18, 11:00
Beginner Excel, Monday, 5/20, 3:30
Intermediate Excel, Wednesday, 5/29, 3:30.
Please stop by or call (713) 466-4438 to register.
If you are unemployed, underemployed, unhappy in your current job, or a young person trying to figure out what you want to do career-wise, take a look at our Job & Career Accelerator database. You can use it to assess your work-related interests and careers that would be suitable for you, explore over 1,000 detailed occupational profiles, find jobs and internships from over 5 million listings, prepare professional resumes and cover letters, and organize, manage and track the entire application process. It's all free, so why not give it a try?
We didn't worry about driving or directions.
We had a delicious breakfast at a bakery.
Then we wandered around a castle, complete with moat, drawbridge, and torture chamber!
As far as I can tell, no one has ever declared April to be International Shakespeare Month, but I think they should. Most people agree that he was the most important playwright in the history of the English language. He is thought to have been born around April 23, 1564, and he died April 23, 1616. In case you would like to honor him by reading some of his plays this month, I've done some research and found that many people think that Shakespeare's best-loved tragedies are Romeo&nbs
Harris County Precinct 4's Fun4Seniors program has partnered with the Fairbanks Library to offer monthly bus trips for individuals age 50 and better. These trips are great opportunities to see Southeast Texas attractions, meet new people, and enjoy good food. The March trip will be Wednesday, March 27, 8:30 am – 3:30 pm to Newman's Castle and Bakery in Bellville. Cost for this event is $17, including lunch. Before your registration can be confirmed, payment by check, payable to Fun4Seniors, must be received at the May Community Center, 2100 Wolf Road, Huffman, TX 77336. Free transportation is provided Precinct 4's Senior Adult Program. Participants pay all event fees. For more information, call 281-324-3373.
Yes, February is Library Lover's Month! February is almost over, but it's not too late to show your love. You could
• Tell your family, friends, and acquaintances how great libraries are,
• Say something nice to the library staff,
• Make a donation to the Friends of the Library,
• Volunteer to become a library volunteer, and/or
• Lobby your state and local officials for increased library funding!
We appreciate your support.
Cartoon from http://bookriot.com.
You don't have to wait in line for a staff member to check out your items for you. If all you want to do is check out, you can do it yourself at one of these computers. They are easy to use and quite helpful during our busier times when lines are long. If you want to be shown how to use them, just let any member of our staff know. We would be glad to help.
Do you feel lost when it comes to computers? Or maybe just a specific task you need to perform on the computer? Check out our schedule of free computer classes on our Branch Calendar. They include Computer Basics, Beginner Internet, Beginner Email, Microsoft Word, Excel, PowerPoint, Facebook, and others.
Help has arrived! Trained volunteers from AARP are now coming to the library to help people complete their 2012 federal income tax forms. There are no age or income requirements, they can file returns electronically, and it's FREE. The volunteers are in the library meeting room on Saturdays, from 10 am to 2 pm, and on Mondays and Thursdays, from 1 to 5 pm. They operate on a first-come, first-served basis, with no appointments. Please bring all of the relevant documents with you. [Clipart © Jupiter Images]
The IRS sent out an email on 1/8 that said: "The production of some 2012 major tax products, including the Form 1040 and the Instructions for Form 1040, is impacted by the recent passage of the American Taxpayer Relief Act of 2012. At this time, we do not have an estimate as to when products will become available on IRS.gov or in print." As a result, the library has not received the 2012 tax forms and we don't know when we will receive them. I discovered yesterday, though, that some of the forms were posted to the IRS web site on 1/10. So, the 1040, 1040A, 1040EZ and many other forms are available
Tax Forms
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Information for Persons with Disabilities: Programs and services are Americans with Disabilities Act (ADA) Compliant. Special accommodations can be requested in advance by contacting the library.
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Soupa De Striper for the Wife.
Total Time
Prep 15 mins
Cook 1 hr
This came from Noreast.com. a few years ago, one of my husbands favorite fishing web sites. It's so simple to prepare yet elegant enough for company. You will not be disappointed!
Ingredients Nutrition
- 2 -3 garlic cloves, chopped
- 1 (28 ounce) can whole tomatoes
- 1 large vidalia onion, sliced
- 1⁄2 cup capers
- 2 cups white wine
- 1 (10 ounce) bag fresh spinach
- 1 1⁄2 cups grated mozzarella cheese
- extra virgin olive oil
- 1 1⁄2 lbs fresh striped bass
- 1⁄4 cup fresh basil
- 1 large tomatoes
- kosher salt, to taste
- pepper, to taste
- Clean and filet fresh fish,(ok frozen if you have to) rub both sides with olive oil.
- Pre-heat oven to 350 degrees.
- Line the bottom of a 10x15" pan with washed spinach and arrange fish on top.
- Sprinkle fresh chopped garlic on top of filets along with some salt'n'pepper and fresh basil.
- Alternate thin slices of tomatoes and onions along the top of the fish, sprinkle the entire dish with cheese.
- Crush the canned whole tomatoes by hand(think rustic) and spread over dish with their liquid.
- Sprinkle capers around pan and add wine.
- Cover with foil and bake for 45 minutes, remove foil, bake 10 more. Serve alone or over linguini.
Most Helpful
Delicious. I cut way back on the capers as my husband does not care for them. Followed the recipe for everything else. Very nice presentation
This is excellent. I loved all the flavors, kind of a burst in your mouth! Yum! We used 1 pound of sea bass and it was just right for the two of us. Wish I was able to take a picture. The bass looked beautiful sitting on the bed of fresh spinach. Love the capers!!!Thanks for a great recipe!

subset: commoncrawl


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Discussion in 'iPhone' started by mattkidd, Jul 4, 2008.
Does anyone have a song or songs that are great for iphone (need ideas)?
Although I lack an iPhone, I would just suggest music you're into (everyone differs) and then search the artist in iTunes, look under ringtones, and it usually sorts songs from that artist which are best as ringtones.
Anyways look into
Crash Into Me-Dave Matthew Band
I Am The Highway-Audioslave
Last Kiss-Pearl Jam
Separate names with a comma.


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The last remaining pre-war player of ice hockey heroes the Brighton Tigers has died.
Tributes have been paid to former ice hockey goalminder Nobby Richardson who died at his care home in Steyning aged 90.
The long-standing Tigers player was also trainer and masseur during his 27-year association with the club.
Mr Richardson was one of the few home-grown players to break into the Tigers squad which was dominated by Canadian stars.
His greatest achievement was playing throughout the team's successful Autumn Cup run in 1946 and he was also on the bench the night the Tigers beat the USSR in 1957.
He joined as a 15-year-old and remained with the Tigers until 1964, a year before the club was disbanded.
He also played for England in 1945 in a match against Sweden.
An all-round sportsman, Mr Richardson was a member of Brighton Swimming Club and swam for the club against Hungary.
After his time at the Tigers he joined the Brighton Corporation and managed the Saltdean Lido and Rottingdean swimming pool throughout the 70s and early 80s.
'Greatest time of his life'
Daughter-in-law Aly Richardson, from Seaford, said: "He always said that the Tigers was the greatest time of his life.
"He was very sad that the Tigers ended and that there isn't a permanent ice rink in Brighton because it had been such a big part of his life.
"I'm sure watching him and the rest of the Tigers was the highlight of a lot of people's weekends.
"He was a lovely guy and he had a great sense of humour."
Brighton Tigers archivist John Denyer said: "Nobby was a smashing fellow, very jovial.
"He did a bit of everything with the Tigers. He practically lived at the |rink.
"The team was dominated by Canadians and it was difficult to get a game – it was like playing football with Brazilians."
Mr Richardson is survived by his son Andrew, daughter Paula and three grandchildren.
His funeral will be held at the Downs Crematorium in Hartington Road, Brighton, on Monday, November 26.
See the latest news headlines from The Argus:
- Tributes paid to teenage riding star killed in head-on car crash
- A Snowdog for little Niamh and a staggering £337,000 for The Martlets
- Rag 'n' Bone man named winner of Brits' critics' choice award
- Calls for the end of weekly bin collections to save money and boost recycling
- Lessons 'have not been learned' despite the Marlie Farm tragedy


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Neil Martin
Highlight of the weekend....Like he said "I hope someone is recording this". As John said when strings dropped in.....................No one can touch techno not even Noel Gallagher, Newcastle also loves Detroit..
john cassidy
as one of the "true people" i was reduced to tears of joy when you dropped "strings" although you didnt play "domina" you blew me away a true hero!! peace and love glasgow loves detroit


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Manual of Antibiotics and Infectious Diseases: Treatment and Prevention was designed for health-care professionals involved in the daily care of patients with infectious diseases. The book covers antibiotics currently available, their doses, and their dose adjustments. It explains what to do when faced with renal failure, as well as empirical, prophylactic, and definitive antibiotic therapies--everything from bacteria resistance to AIDS therapies. A new section on hospital epidemiology and infection control is included in this Ninth Edition. A Brandon-Hill recommended title.
DETTAGLI PRODOTTO torna su
Titolo: Manual of Antibiotics and Infectious Diseases
Autori: Conte
Editore: Lippincott Williams
Volume: Unico
Edizione: IX 2002
Lingua: Inglese
Finitura: Copertina flessibile
Pagine: 784


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Is LA Dead?
May 12, 2009
kerb 17: Journal of Landscape Architecture Exhibition
kerb 17: Journal of Landscape Architecture Exhibition
_kerb_, an Australian landscape architecture journal, critiques current modes of thinking about the practice of landscape architecture: where it has evolved from and what it might become in the future.
For its most recent edition, _kerb 17_ invited practitioners, academics and students to respond to the question, Is Landscape Architecture Dead? Responding submissions will be exhibited this Friday 13 May, at Open Space Gallery in Melbourne.
The exhibition will present the works and ideas of international and Australian designers and artists to demonstrate howwe might begin to reconsider contemporary ideals of landscape.
The kerb 17 exhibition is in association with Robbie Rowlands, a Melbourne based artist, whose work explores notions of stability and vulnerability through the manipulation of objects and environments.
6:30 9:30pm 15 May 2009
Open Space Gallery
97 Franklin Street


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Product Description
Jesus Calling is a devotional and journal in one, filled with uniquely inspired treasures from heaven for every day of the year.
After many years of writing in her prayer journal, missionary Sarah Young decided to "listen" to God with pen in hand, writing down whatever she believed He was saying to her. It was awkward at first, but gradually her journaling changed from monologue to dialogue. She knew her writings were not inspired as Scripture is, but journaling helped her grow closer to God. Others were blessed as she shared her writings, until people all over the world were using her messages. They are written from Jesus' point of view, thus the title Jesus Calling. It is Sarah's fervent prayer that our Savior may bless readers with His presence and His peace in ever deeper measure.
About Sarah Young:
Sarah Young is quietly leading millions of men and women worldwide on a journey of intimacy with Christ. Sarah and her husband have traveled around the world planting churches and counseling. They currently are ministering to a Japanese-speaking community in Australia.
Author: Sarah Young
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Peter Walsh
14 Decluttering Secrets We Learned From Peter Walshs Facebook Q
It's going to happen sooner or later, you might as well get tips from Peter Walsh's Spring Cleaning To Do List
Tackle the paper clutter problem before you even step foot in your door with tips from Peter Walsh.
Every day for the next 31 days, organizational whiz Peter Walsh will be posting a brand-new video containing a 10-minute challenge to help you get organized in the new year. Each challenge is super-easy to do in your own home and won\''t take up...
Peter Walsh - Five Steps for Letting Go of Emotional Clutter.
Peter Walsh and organizing mail... this is so simple! Why can't I just stick to this plan! Hugh!
Ten Ways to Declutter Your Home www.oprah.com/home/Peter-Walshs-10-Tips-to-De-Clutter-Your-Home
Where is the best place to start organizing? What is the first step? Peter Walsh shares his thoughts on Clutter Interrupted Radio. LOVE him!!
Here's a collection of Peter Walsh's best organizing advice.
Peter Walsh,Três Simples,Projetos Simples,Decluttering,Demonstrates Three,Eliminating Clutter,Organizing Guru,3 Techniques


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When a plant or animal makes it onto the state's threatened and endangered species list, it's sad news with a silver lining. Sad news, because the listing means it's in danger of extinction in New Jersey.
Don't Burn Forests To Make Electricity
by staff report •
The Obama administration and Congress insist that burning forests for electricity, a technology called biomass power incineration, is "clean and green" – right up there with solar and wind. But burning trees for power is bad economic policy, ruinous for forests and hazardous to your health.
Path To Progress Leads Nowhere
by staff report •
With Gov. Christie days away from introducing New Jersey's 2012 budget, state leaders continue to overlook an opportunity to achieve significant savings simply by complying with federal law.
Perth Amboy Seeks Redeveloper For 100-Acre Port Site
by staff report •
PERTH AMBOY — The City of Perth Amboy is seeking a redeveloper for a prime 100-acre site with rail access and 1,700 linear feet of deep-water frontage on the Arthur Kill, a major navigational channel for the Port of New York and New Jersey.
State Officials Encourage Residents To Sign Up For NJ Alert
by staff report •
TRENTON — The New Jersey Office of Emergency Management encouraged Garden State residents and visitors to sign up for NJ Alert, the state's mass text and email emergency notification system.
Taxpayers Can Check Off Box To Contribute To Food Pantries
by staff report •
TRENTON – This year, New Jersey taxpayers have the opportunity to donate a portion of their 2010 income tax refund or make a donation to the Community Food Pantry Fund, through a check-off contribution on state income tax forms.
Technology Provides New Ways To Find Romance
by staff report •
UTICA, N.Y. – Social networking platforms and other new technology are transforming the way Americans find and express romance, according to a new poll released by Zogby Interactive.
Miss America To Visit Woodbridge
by staff report •
ISELIN – Newly crowned Miss America, Teresa Scanlan, will visit American Signature Furniture's newest retail location on Feb. 12. The store is located west of the Woodbridge Center Mall at 429 US Highway 1 South, Iselin.
Linden Offers Yoga Classes
by staff report •
LINDEN — The Department of Public Property and Community Services is offering yoga/ tai chi/ qi gong classes for adults 18 years of age and older on Thursday evenings from 7:30–9 p.m.


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Panasonic Wet/Dry Rechargeable Shaver Reviews
- Other Razors:
- Average: 4.1
- High: 5.0
- Type:
- Women's Razors
- Brand:
- Panasonic
Read 4 Reviews
REVIEW SNAPSHOT®by PowerReviews
Reviewed by 4 customers
Sort by
Comments about Panasonic Wet/Dry Rechargeable Shaver:
I bought this electric shaver base on Consumer Reports recommendation and product and price comparisons that I did. I was not aware that the charger was just a plug in as opposed to a stand until the product was delivered. I would not have purchased it I had known this fact. However, I have no other issues with the shaver. I had used it several times and I think it works just fine.
Comments about Panasonic Wet/Dry Rechargeable Shaver:
I like this razor . it is good for the task it is intended to . Regrown hair are not very brittle and best part is that it can work in both dry and wet modes. the only problem is the battery life. mine worked for 6 months but for my skin type it is suited very well so bought a new one .
Comments about Panasonic Wet/Dry Rechargeable Shaver:
Panasonic Wet/Dry Rechargeable Shaver. I made this purchase to replace my old one. I buy very few appliances and like my grooming routines to be easy and convenient. This shaver provides a close shave, is comfortable to use, and easy to charge. The floating head hugged the curves of my legs and made shaving close, smooth and enjoyable. I wish I had not waited so long to to make this purchase.
Comments about Panasonic Wet/Dry Rechargeable Shaver:
I love the panasonic wet/dry razor for women. Its really a great close shave. I love being able to take it to the shower with me, and just zipping off the hair in a matter of minutes. It's great. Fast too. Thanks for making my shaving days so close for comfort.


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Part time dentist needed for a practice in Liverpool
Monday and Wednesday (non negotiable)
Hours are 9am - 10pm but candidates are not expected to work these hours - they would split. For example they could work 9am - 5.30pm or 9am - 1.30pm etc or 1.30pm - 10pm (negotiable with the hours but not the days)
Also potential to work a Tues evening 6pm - 10pm and Sunday 9am - 5.30pm but candidate does not have to work these if they just want to work the Mon and Weds.
45% remuneration
2 surgeries
Fully private
Start date - negotiable (the practice just want to find the right candidate)
For more information contact Lesley and quote reference DEN-32903
Call us on 01332 609318
Email us at [email protected]
View more information at http://www.medicruit.co.uk/positiondetails.aspx?id=32903
Dental Associate – Merseyside
Posted by Medicruit on 15 July 2015
Reference: 32903Apply Back


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Dj Juan BIS Trance Electronics Remember
Listen to all music and sounds of Dj Juan Bis and follow this user by signing in for free.
You can listen to 31 tracks and mixes and follow this user as 19 did before.
This artist liked 6 tracks, followed 19 others and reshared 4 tracks and mixes. 30 other people are following this page too.


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Discussion in 'iTunes' started by xxskatekidxx, Jun 5, 2008.
I've taken down this thread on account of it be against the rules.
freaakin SWEET
I don't think you're supposed to post illegal methods here.
A Please Register or Log in to view images to you too. I'm sorry to burst your bubble, but if Apple finds out that you're stealing content, they WILL track you down. And do know that even if they only know your IP address, they could, and SHOULD track you down. Ever wonder how the RIAA tracks down people on LimeWire and other P2P programs? You guessed it, over their IP addresses. So if I were you, I'd stop doing that. Theft is theft, whether its online or not.
I guess one way to come clean on that is to call up Apple, tell them about your "mistake" on using a used up card, then pay it all off. Just a plan, so you won't have the FBI or even your local PD knocking on your front door.
Please Register or Log in to view images
Yeah you can definatly get in sh*t and they probably IP track you and call your cities police.
bad bad Please Register or Log in to view images
I guess you don't know about the No Electronic Theft Act?
Under it, you can get up to $250,000 in fines and up to 5 years in prison.
you can get charged $750 PER SONG wrongfully obtained.
I'd rethink what you're doing.
yeah whatta douchebag, this is called fraud, and its a felony, and they can probly use his post right on this site for some evidence...
I think this kid might have an IQ below 70 (if u kno wht i mean)
hey guys im sorry i posted this thread, i now its stupid and im going to try to get a mod to take it down quick.
i accidently did this one time but im priety sure theyll catch on too you
and a big bill will show up at your house if u posted your adress??
Separate names with a comma.


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Owner Financing Homes in 86411, AZ
|21 Listings Found
for sale with financing. Simply make the small down payment, and the land contracts and coupon books
Kingman, AZ, 86401Details »
Kingman Mountain -------------------------------------------------------------------------------- SIZE: 25' x107.1 each lot total of...
100-200 Fort, Kingman, AZ, 86401Details »
Lake Mead city Unit eleven lot 470 On Tamarisk Street. Between Glen Road and Covina Drive. DRIVING DIRECTIONS: From Pearce Ferry Hiway...
Kingman, AZ, 86401Details »
to meet code, has actually been checked, need to not present troubles for finishing. Owner has an estimate
19021 E Willow Creek Rd, Kingman, AZ, 86401Details »
: none ASSOCIATION DUES: none Owner financing available. No Qualifying. No Credit Checks. Gps
Kingman, AZ, 86401Details »
at least $3,000 option money with contract. Buyer to confirm utilities before close of escrow.
Kingman, AZ, 86401Details »
... Your choice!!! Cash Price: $6,900 ------------EASY FINANCING OPTIONS------------
Kingman, AZ, 86401Details »
,500 ------------EASY FINANCING OPTIONS------------ EVERYONE QUALIFIES!!! No Credit Checks! No Prepayment Penalties
Kingman, AZ, 86401Details »
,500 ------------EASY FINANCING OPTIONS------------ EVERYONE QUALIFIES!!! No Credit Checks! No Prepayment Penalties
Kingman, AZ, 86401Details »
2.5 acres in Mohave County, AZ property is on a road. APN/Parcel ID: 334-06-073 $2195. Owner
Kingman, AZ, 86401Details »
*** Owner Financing for $149 Down *** Lake Mohave Heights Estates, offers high-desert landscapes
Kingman, AZ, 86401Details »
*** Owner Finance for $149 Down *** Golden Sage Ranchos, offers high-desert landscapes perfect
Kingman, AZ, 86401Details »
Our land comes with a 100 % Contentment, 100 % Refund, 100 Day Warranty. I challenge you to find
Peach Springs, AZ, 86434Details »
month, land contract really simple process, works for everyone. near Peach springs az, west of seligman
66 To Hyde Park Road, Peach Springs, AZ, 86434Details »
for 42 mons $299 for 33 mnths PROPERTY IS SOLD ON A LAND CONTRACT WITH WARRANTY DEED EXECUTED UPON
Kingman, AZ, 86409Details »
RentUntilYouOwn.com is the #1 provider of 86411 Hackberry, Arizona owner financing homes listings.
Our goal is to offer the highest quality results, along with helpful 86411 Hackberry resources and support. We understand that finding genuine owner financing homes in 86411 Hackberry can be very difficult. Even more challenging is trying to search Hackberry, AZ listings for free.
After discovering how difficult it was for 86411 Hackberry buyers and sellers searching online, RentUntilYouOwn.com has become dedicated to providing users with the most current, accurate, and detailed listings in 86411 Hackberry, Arizona.
If you have any questions or suggestions for improving our site, please contact us here.
Trouble Finding Local Owner Financing Homes Listings?
If the initial results in 86411 Hackberry, Arizona did not provide any listings of interest, or you just want more selections, click any of the blue tabs just above the search results for more.
Thanks for visiting and good luck!


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Check in from 14h / Check out prior to 11h
Grand Mercure Shanghai Central: Find photos, reviews, information, amenities and compare prices for 5 stars hotels in Shanghai, China.
Showcasing views of Shanghai, Grand Mercure Shanghai Central is within a 10-minute walk of Hanzhong Road Metro Station. It offers rooms with complimentary Wi-Fi access and views of the city.
Hotel description
This 5-star hotel provides a sauna, an executive floor and a bowling alley. Convenient services include an express check-in feature and a luggage storage area.
Every modern room at Grand Mercure Shanghai Central comes with slippers and a mini bar, while the bathrooms offer hair dryers and showers. They all feature floor-to-ceiling windows, bottled water and a flat-screen TV.
Shanghai Hongqiao International Airport is a 30-minute drive from the hotel. Shanghai World Financial Center, Shanghai French Concession and The Bund are an easy car trip away.
Hotel features
Room Service, Air Conditioned, Mini Bar, Cable / Satellite TV, Hair Dryer, TV, Billiards, Shower, En suite, Private Bathroom
Business Center, Concierge, Elevator / Lift, 24 Hour Reception, Dry Cleaning, Babysitting / Child Services, Banquet Facilities, Conference Room(s), Currency Exchange, Multilingual Staff, Safe-Deposit Box, Porters, Wake-up Service, Meeting Rooms, Laundry service, Shops, Photocopier, Ticket Service, Ballroom, Exhibit Space, Luggage Storage, Designated Smoking Area, Shops in Hotel, Express Check-In/Check-Out, Self Laundry
Fitness Room/Gym, Tour Desk, Massage / Beauty Centre, Sauna, Bath / Hot Tub, Bowling Alley, Massage, Spa & Wellness Centre
Internet Connection (wireless)
Nightclubs, Salon, Private Toilet, Executive Floor
Availability and Prices
Booking Site
Room Type
Per room
Per night
Per night
Users who viewed Grand Mercure Shanghai Central also viewed these 5 stars Shanghai hotels:
Shanghai Yopark 5-Star Apartment (Golden Beilawei)
619 Huangjincheng Road, Shanghai
619 Huangjincheng Road, Shanghai
InterContinental Shanghai Puxi
500 Heng Feng Road, Shanghai
500 Heng Feng Road, Shanghai
WH Ming Hotel Shanghai
No.777 Jiamusi Road , Shanghai
No.777 Jiamusi Road , Shanghai
Search hotels
based on


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Explore Dresses Save, Bridesmaid'S Dresses and more!
This is one of the Jr. Bridesmaid's dresses. So cute!
Can be ordered in light gray :) Cheap Custom Made Short Strapless Lace Bridesmaid Dresses, Bridesmaid Gowns, Wedding Party Dresses
Affordable Blue Lace Bridesmaid Dresses-Modest Cheap Princess Appliques Scoop Short Lace Bridesmaid Dresses/Homecoming Dresses 8100 on Etsy, $109.99
Dessy Bridesmaid Dress 2902
The J.Crew Wedding Event: 25% off gowns, bridesmaid dresses & bridal accessories.
cute to wear a colored tulle petticoat to match the bridesmaids. I would do this, if I was gonna limit my girls to one color. Every girl is gonna pick her own color. Miranda's already called pink, so.. xD


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Bulls bash Cavs, clinch top seed
Chicago Bulls clinch top overall playoff seed beat Cleveland Cavaliers
Despite playing a major portion of the season without the reigning MVP, the Chicago Bulls still escaped the regular season unscathed.
John Lucas III scored a career-high 25 points, Joakim Noah had 13 points and 13 rebounds and the Bulls clinched the top overall seed in the NBA playoffs with a 107-75 victory over the Cleveland Cavaliers on Thursday night.
With the No. 1 seed in the East already in hand and the playoffs beginning on Saturday, Bulls coach Tom Thibodeau took no chances in the regular season finale. He rested Derrick Rose, Luol Deng and Kyle Korver.
''We've been through a lot this year, a lot of adversity, a lot of guys being injured. We fought hard throughout. It was a tough season. A lot of games in a compressed season, but we put ourselves in the best position possible,'' Noah said.
Chicago will host Philadelphia on Saturday.
Earlier in the week, 76ers forward Evan Turner said he preferred to face the Bulls as opposed to the Heat in the first round.
''Love it. We just have to give them what they ask for,'' Bulls guard Richard Hamilton said.
Despite being short-handed, the Bulls controlled most of the game. They led 58-45 at halftime behind nine points and eight rebounds from Noah and Lucas' nine points.
Carlos Boozer scored the first six points of the third quarter as Chicago extended the lead to 66-47.
The Bulls could have also clinched home-court advantage throughout the postseason with a Spurs' loss to the Warriors, but didn't need the help. Lucas' three increased the lead with 3:53 to go and Jimmy Butler had tip to make it 99-69.
''Our team responded to every challenge,'' Thibodeau said. ''We still have a long way to go. This is what you play for, to try to build all the right habits and give yourself the best chance to win in the playoffs. We are looking for the next challenge.''
Tristan Thompson scored 13 points for the Cavaliers, who lost four straight games to end the season, their second straight last-place finish in the Central Division.
Kyrie Irving, who had a late-season sprained right shoulder and is recovering from the flu, didn't play. The Cavs also played without Omri Casspi, who was out with right knee tendinitis.
The Bulls outrebounded Cleveland 60-38.
''Well, the season is over. Now we can get down to real business (evaluating). I feel like we're in a great position with a lot of flexibility,'' Cavaliers coach Byron Scott said.
With the game well in hand, fans started chanting for Brian Scalabrine with eight minutes to go. He finally entered the game with 2:59 to a loud cheer. He made a jumper to a standing ovation with 25 seconds left.
Rose sat for the 27th time in 66 games this season. He's missed games with a bad back, sore groin, sprained ankle and the latest a foot injury, but Thibodeau said Rose will be ready for the playoffs and he is encouraged how Hamilton has played after returning from a shoulder injury.
''I think Derrick has been better than he has in a while and Rip (Hamilton) has gotten his legs under him. We just have to be ready to,'' said Thibodeau.
Antawn Jamison, who will become a free agent, scored 12 points in what likely will be his final game for Cleveland. The Cavs finished the season with a 21-45 record compared to last season's 19-63 record.
It's been a tough year,'' said Jamison. ''After last year, we couldn't do anything but get better.''
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June 28, 2012
MARK EUGENE MONTGOMERY, PLAINTIFFv.MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SOCIAL SECURITY, DEFENDANT
(Complaint Filed 3/29/11)
The above-captioned action is one seeking review of a decision of the Commissioner of Social Security ("Commissioner") denying Plaintiff Mark Eugene Montgomery's claim for social security disability insurance benefits and supplemental security income benefits. For the reasons set forth below we will affirm the decision of the Commissioner.
On March 5, 2008, Montgomery filed protectively*fn1 an application for disability insurance benefits and an application for supplemental security income benefits. Tr. 11, 73-74, 97-104, 107 and 112.*fn2 The applications were initially denied by the Bureau of Disability Determination*fn3 on August 7, 2008. Tr. 11 and 75-84. On October 8, 2008, Montgomery requested a hearing before an administrative law judge. Tr. 87-88. After about 18 months had passed, a hearing was held on April 7, 2010. Tr. 48-70. On April 15, 2010, the administrative law judge issued a decision denying Montgomery's applications. Tr. 11-25. On June 7, 2010, Montgomery filed a request for review with the Appeals Council and on February 3, 2011, the Appeals Council concluded that there was no basis upon which to grant Montgomery's request. Tr. 1-5. Thus, the administrative law judge's decision stood as the final decision of the Commissioner.
Montgomery then filed a complaint in this court on March 29, 2011. Supporting and opposing briefs were submitted and the appeal*fn4 became ripe for disposition on September 9, 2011, when Montgomery elected not to file a reply brief.
Disability insurance benefits are paid to an individual if that individual is disabled and "insured," that is, the individual has worked long enough and paid social security taxes. The last date that a claimant meets the requirements of being insured is commonly referred to as the "date last insured." It is undisputed that Montgomery met the insured status requirements of the Social Security Act through September 30, 2001. Tr. 11, 13, 112 and 119. In order to establish entitlement to disability insurance benefits Montgomery was required to establish that he suffered from a disability on or before that date. 42 U.S.C. § 423(a)(1)(A), (c)(1)(B); 20 C.F.R. §404.131(a)(2008); see Matullo v. Bowen, 926 F.2d 240, 244 (3d Cir. 1990).
Tr. 76 and 81.
A review of the record in this case reveals that there is no medical evidence supporting Montgomery's claim that he was disabled prior to the date last insured. No treating or examining physician has opined that Montgomery had functional limitations that would have prevented him from engaging in gainful employment on or prior to September 30, 2001, the date last insured. In fact Montgomery filed a statement of material facts which does not mention any medical evidence prior to January 21, 2008. Doc. 11, Plaintiff's Statement of Material Facts. Consequently, we will affirm the administrative law judge's decision with respect to Montgomery's claim for disability insurance benefits without any further discussion.
Supplemental security income is a federal income supplement program funded by general tax revenues (not social security taxes). It is designed to help aged, blind or other disabled individuals who have little or no income. Insured status is irrelevant in determining a claimant's eligibility for supplemental security income benefits.
Montgomery who was born in the United States on July 12, 1962,*fn5 has a seventh grade education and can read, write, speak and understand the English language and perform basic mathematical functions. Tr. 55, 101, 133 and 158.*fn6 During his elementary and secondary schooling, Montgomery attended regular education classes. Tr. 139.
Montgomery has past relevant work experience*fn7 as a
laborer at a tree farm and various manufacturing companies. Tr. 115,
135 and 148. The work was described by a vocational expert as
unskilled, medium work as generally performed in the economy and as
unskilled, heavy work as actually performed by Montgomery.*fn8
Tr. 52.
Records of the Social Security Administration reveal that Montgomery had reported earnings in 1979 , 1981, 1983 through 1996, 1998, 2000 and 2003. Tr. 113. Montgomery's total earnings during those years were $147,093.14. Id. Montgomery's earnings in 1998 were $660.00, in 2000 $299.25 and in 2003 $2988.96. Id. Montgomery has not worked since September 30, 2003. Tr. 134.
Montgomery in his application for supplemental security income
benefits alleges that he became disabled on March 5, 2008,*fn9
because of Hepatitis C, hearing loss, chronic obstructive
pulmonary disease, degenerative disc disease, diverticulitis, deep
vein thrombosis, liver disease, polycystic kidney disease, high blood
pressure, amputated fingers and anxiety. Tr. 55-59, 71, 75 and 134;
Doc. 12, Plaintiff's Brief, p. 2. Montgomery contends that he cannot
stand for long periods of time because of back pain and numbness in
his legs. Tr. 134. He claims he has shortness of breath after walking
for just a block or two and trouble going up stairs. Id.
Montgomery at the administrative hearing testified that for approximately ten months, beginning in November 2008, he had experienced vomiting and weakness as a side effect from his weekly treatment for Hepatitis C. Tr. 59. However, he was able to care for his personal needs, including dressing and showering, and spent his days watching television. Tr. 61 and 155-156. He admitted to a significant history of drug and alcohol abuse, stating that he last consumed alcohol three weeks earlier and last used marijuana one and half years earlier, when he began treatment for Hepatitis C. Tr. 64. For over 30 years, Montgomery smoked approximately 2 packs of cigarettes per day. Tr. 415-416. At the time of the administrative hearing Montgomery claimed he was smoking 8 cigarettes per day and that at one point he was smoking 2 1/2 packs per day. Tr. 64.
In a document entitled "Function Report -Adult" Montgomery stated he lives with his mother. Tr. 155. He admitted that he walks two blocks to visit friends twice a day for a total of three hours. Id. Montgomery stated that he needed no special reminders to take his medicines or to take care of personal needs and grooming. Tr. 157. Montgomery admitted preparing some of his own meals and noted that his mother prepares some of them. Id. Montgomery does his own laundry, cleans his room, does small household repairs and mows the lawn although he claimed that he only mows for 5 minutes at a time. Id. Montgomery indicated that he goes out everyday and is able to go shopping, pay bills and count change. Tr. 158. He occasionally goes fishing. Tr. 159. Montgomery when given an opportunity to do so noted no problem with reaching, sitting, talking, understanding, following instructions, his memory and getting along with others. Tr. 160.
Montgomery's alleged disability onset date of March 5, 2008, has no impact on Montgomery's application for supplemental security income benefits because supplemental security income is a needs based program and benefits may not be paid for "any period that precedes the first month following the date on which an application is filed or, if later, the first month following the date all conditions for eligibility are met." See C.F.R. § 416.501. Consequently, Montgomery is not eligible for SSI benefits for any period prior to April 1, 2008.
When considering a social security appeal, we have plenary review of all legal issues decided by the Commissioner. See Poulos v. Commissioner of Social Security, 474 F.3d 88, 91 (3d Cir. 2007); Schaudeck v. Commissioner of Social Sec. Admin., 181 F.3d 429, 431 (3d Cir. 1999); Krysztoforski v. Chater, 55 F.3d 857, 858 (3d Cir. 1995). However, our review of the Commissioner's findings of fact pursuant to 42 U.S.C. § 405(g) is to determine whether those findings are supported by "substantial evidence." Id.; Brown v. Bowen, 845 F.2d 1211, 1213 (3d Cir. 1988); Mason v. Shalala, 994 F.2d 1058, 1064 (3d Cir. 1993). Factual findings which are supported by substantial evidence must be upheld. 42 U.S.C. §405(g); Fargnoli v. Massanari, 247 F.3d 34, 38 (3d Cir. 2001)("Where the ALJ's findings of fact are supported by substantial evidence, we are bound by those findings, even if we would have decided the factual inquiry differently."); Cotter v. Harris, 642 F.2d 700, 704 (3d Cir. 1981)("Findings of fact by the Secretary must be accepted as conclusive by a reviewing court if supported by substantial evidence."); Keefe v. Shalala, 71 F.3d 1060, 1062 (2d Cir. 1995); Mastro v. Apfel, 270 F.3d 171, 176 (4th Cir. 2001); Martin v. Sullivan, 894 F.2d 1520, 1529 & 1529 n.11 (11th Cir. 1990).
Substantial evidence "does not mean a large or considerable amount of evidence, but 'rather such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.'" Pierce v. Underwood, 487 U.S. 552, 565 (1988)(quoting Consolidated Edison Co. v. N.L.R.B., 305 U.S. 197, 229 (1938)); Johnson v. Commissioner of Social Security, 529 F.3d 198, 200 (3d Cir. 2008); Hartranft v. Apfel, 181 F.3d 358, 360 (3d Cir. 1999). Substantial evidence has been described as more than a mere scintilla of evidence but less than a preponderance. Brown, 845 F.2d at 1213. In an adequately developed factual record substantial evidence may be "something less than the weight of the evidence, and the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency's finding from being supported by substantial evidence." Consolo v. Federal Maritime Commission, 383 U.S. 607, 620 (1966).
Substantial evidence exists only "in relationship to all the other evidence in the record," Cotter, 642 F.2d at 706, and "must take into account whatever in the record fairly detracts from its weight." Universal Camera Corp. v. N.L.R.B., 340 U.S. 474, 488 (1971). A single piece of evidence is not substantial evidence if the Commissioner ignores countervailing evidence or fails to resolve a conflict created by the evidence. Mason, 994 F.2d at 1064. The Commissioner must indicate which evidence was accepted, which evidence was rejected, and the reasons for rejecting certain evidence. Johnson, 529 F.3d at 203; Cotter, 642 F.2d at 706-707. Therefore, a court reviewing the decision of the Commissioner must scrutinize the record as a whole. Smith v. Califano, 637 F.2d 968, 970 (3d Cir. 1981); Dobrowolsky v. Califano, 606 F.2d 403, 407 (3d Cir. 1979).
To receive disability benefits, the plaintiff must demonstrate an "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." 42 U.S.C. § 432(d)(1)(A). Furthermore, [a]n individual shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), "work which exists in the national economy" means work which exists in significant numbers either in the region where such individual lives or in several regions of the country. 42 U.S.C. § 423(d)(2)(A).
The Commissioner utilizes a five-step process in evaluating disability
insurance and supplemental security income claims. See 20 C.F.R.
§404.1520 and 20 C.F.R. § 416.920; Poulos, 474 F.3d at 91-92. This
process requires the Commissioner to consider, in sequence, whether a
claimant (1) is engaging in substantial gainful activity,*fn10
(2) has an impairment that is severe or a combination of
impairments that is severe,*fn11 (3) has an
impairment or combination of impairments that meets or equals the
requirements of a listed impairment,*fn12 (4) has the
residual functional capacity to return to his or her past work
(5) if not, whether he or she can perform other work in the national
economy. Id. As part of step four the administrative law judge must
determine the claimant's residual functional capacity. Id.*fn13
Residual functional capacity is the individual's maximum remaining ability to do sustained work activities in an ordinary work setting on a regular and continuing basis. See Social Security Ruling 96-8p, 61 Fed. Reg. 34475 (July 2, 1996). A regular and continuing basis contemplates full-time employment and is defined as eight hours a day, five days per week or other similar schedule. The residual functional capacity assessment must include a discussion of the individual's abilities. Id; 20 C.F.R. §§ 404.1545 and 416.945; Hartranft, 181 F.3d at 359 n.1 ("'Residual functional capacity' is defined as that which an individual is still able to do despite the limitations caused by his or her impairment(s).").
The administrative law judge as stated earlier issued his decision denying Montgomery benefits on April 15, 2010. The relevant evidence to review, consequently, precedes that date.
The administrative law judge at step one of the sequential evaluation process found that Montgomery had not engaged in substantial gainful work activity since January 1, 2001. Tr. 13. The administrative law judge noted that there was some evidence that Montgomery worked for a few months in 2003 but that that work was an unsuccessful work attempt and did not amount to substantial gainful activity. Id.
At step two of the sequential evaluation process, the administrative law judge found that Montgomery had the following severe impairments: "Hepatitis C; hearing loss; Chronic Obstructive Pulmonary Disease (COPD); anxiety; and degenerative disc disease[.]" Tr. 13. The administrative law judge found that Montgomery's kidney disease, liver disease, high blood pressure, deep vein thrombosis, finger amputations and diverticulitis were non-severe impairments. Tr. 14.
At step three of the sequential evaluation process the administrative law judge found that Montgomery's impairments did not individually or in combination meet or equal a listed impairment. Tr. 14--18. In so finding the administrative law judge relied on the opinions of Frank M. Mrykalo, Ed.D., a state agency psychologist, and Gerald A. Gryczko, M.D., a state agency physician. Tr. 308-320 and 351-357.
At step four of the sequential evaluation process the administrative law judge found that Montgomery could not perform his prior relevant unskilled, medium to heavy work as a laborer but that he had the residual functional capacity to perform a very limited range of unskilled, light work. Tr. 18-23. In fact the walking/standing requirements set by the administrative law judge are more in line with those of sedentary work. Id. Specifically, the administrative law judge found that Montgomery could perform unskilled, light work which involved the ability to lift and/or carry 20 pounds occasionally and 10 pounds frequently. The claimant can sit for six hours in an eight hour workday and can stand and/or walk for two hours. The claimant can engage in occasional bending and stooping, but no climbing, kneeling, crawling, or balancing. The claimant can perform occupations that do not require exposure to unprotected heights, moving machinery or pulmonary irritants. He can perform work involving simple, repetitive tasks that do not require contact with the general public and which do not require good bilateral hearing.
Tr. 18. In concluding that Montgomery had the residual functional capacity to engage in this limited range of unskilled, light work, the administrative law judge relied on the opinion of Dr. Mrykalo and Dr. Gryczko, who reviewed Montgomery's medical records on behalf of the Bureau of Disability Determination.
At step five, the administrative law judge based on a residual functional capacity of a limited range of light work as described above and the testimony of a vocational expert found that Montgomery had the ability to perform unskilled, light work as a video monitor, visual inspector, and a packager, and that there were a significant number of such jobs in the local and regional economies. Tr. 24.
The administrative record in this case is 535 pages in length and we have thoroughly reviewed that record. The administrative law judge did an adequate job of reviewing Montgomery's vocational history and medical records in his decision. Tr. 11-25. Furthermore, the brief submitted by the Commissioner sufficiently reviews the medical and vocational evidence in this case. Doc. 13, Brief of Defendant.
Montgomery argues that the administrative law judge erred (1) when he found that Montgomery had the residual functional capacity to perform light work and (2) in failing to give proper weight to the testimony of Montgomery. We find no merit in Montgomery's arguments.
The Social Security regulations require that an applicant for
supplemental security income benefits come forward with medical
evidence "showing that [the applicant] has an impairment(s) and how
severe it is during the time [the applicant] say[s] [he or she is]
disabled" and "showing how [the] impairment(s) affects [the
applicant's] functioning during the time [the applicant] say[s] [he or
she is] disabled." 20 C.F.R. §§ 404.1512(c) and 416.912(c). Montgomery
failed to provide such evidence. No treating physician provided a
statement indicating hat Montgomery prior to the date the
administrative law judge issued his decision had functional
limitations for the requisite continuous 12 month period*fn14
would prevent him from engaging in the limited range of light work set
by the administrative law judge.*fn15
In fact the record contains a statement from a treating physician dated July 7, 2007, that Montgomery had the ability to work. Tr. 223. Also, Karen Thomas, M.D., a treating physician, on June 2, 2008, completed a form in which she stated that she observed no abnormal emotional symptoms during her contacts with Montgomery; Montgomery kept appointments, interacted appropriately with office staff, and had an appropriate appearance; Montgomery did not demonstrate difficulties performing daily activities on a sustained basis, such as shopping, cooking, cleaning, maintaining a residence, paying bills, personal care, health and hygiene; Montgomery did not demonstrate difficulties in his ability to get along with, to interact with, or to communicate with family, friends, neighbors, co-workers, employers or the general public; and Montgomery had no problem with concentration, persistence or pace. Tr. 303-304.
The record contains functional assessments from Dr. Mrykalo and Dr. Gryczko that support the administrative law judge's residual functional capacity determination. Tr. Tr. 308-320 and 351-357. The administrative law judge's reliance on those two opinions was appropriate. See Chandler v. Commissioner of Soc. Sec., 667 F.3d. 356, 362 (3d Cir. 2011) ("Having found that the [state agency physician's] report was properly considered by the ALJ, we readily conclude that the ALJ's decision was supported by substantial evidence[.]"). The administrative law judge appropriately took into account Montgomery's functional limitations in the residual functional capacity assessment.
The administrative law judge stated that Montgomery's statements concerning the intensity, persistence and limiting effects of his symptoms were not credible to the extent that they were inconsistent with the ability to perform a limited range of unskilled, light work. Tr. 19. The administrative law judge was not required to accept Montgomery's subjective claims regarding his physical and mental limitations. See Van Horn v. Schweiker, 717 F.2d 871, 873 (3d Cir. 1983)(providing that credibility determinations as to a claimant's testimony regarding the claimant's limitations are for the administrative law judge to make). It is well-established that "an [administrative law judge's] findings based on the credibility of the applicant are to be accorded great weight and deference, particularly since [the administrative law judge] is charged with the duty of observing a witness's demeanor . . . ." Walters v. Commissioner of Social Sec., 127 f.3d 525, 531 (6th Cir. 1997); see also Casias v. Secretary of Health & Human Servs., 933 F.2d 799, 801 (10th Cir. 1991)("We defer to the ALJ as trier of fact, the individual optimally positioned to observe and assess the witness credibility."). Because the administrative law judge observed Montgomery when he testified at the hearing on April 7, 2010, the administrative law judge is the one best suited to assess the credibility of Montgomery.
Our review of the administrative record reveals that the decision of the Commissioner is supported by substantial evidence. We will, therefore, pursuant to 42 U.S.C. § 405(g) affirm the decision of the Commissioner.
An appropriate order will be entered.
A. RICHARD CAPUTO United States District Judge
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July 14, 2010
UNITED STATES OF AMERICA, PLAINTIFF,v.MALIK SAMUEL, A/K/A "SIZZLES", DEFENDANT.
This case was referred to the undersigned by the Hon. Richard J. Arcara, in accordance with 28 U.S.C. § 636(b)(1), for all pretrial matters and to hear and report upon dispositive motions. Dkt. #6.
The defendant, Malik Samuel, is charged in a two-count Indictment with having violated Title 18, United States Code, Sections 922(g)(1) and 924(a)(2) (Count 1) and the defendant also faces a forfeiture count (Count 2) pursuant to Title 18, United States Code, Sections 924(d) and 3665, and Title 28, United States Code, Section 2461(c). Dkt. #1.
As a threshold matter, the Court notes that the trial of this matter was scheduled to begin on June 22, 2010 before United States District Judge Richard J. Arcara. Following the final pretrial conference held on June 21, 2010, Judge Arcara referred this matter to the undersigned for the limited purpose of hearing and reporting upon a discrete issue raised by the defendant in his motion in limine. More specifically, presently pending before this Court is that portion of the defendant's motion in limine seeking to preclude the government from offering at trial any alleged statements made by the defendant to law enforcement after the defendant had invoked his right to remain silent. Dkt. #46, pp.1-4. This Court directed the government to file its response to the instant motion in limine no later than 5:00 p.m. on June 28, 2010. Dkt. #47. Consistent with this Court's June 21, 2010 Order, the government filed its response on June 28, 2010. Dkt. #48. In addition, the Court directed the parties to stipulate to a set of facts not in dispute for purposes of oral argument on the instant motion. On June 28, 2010, the government provided defense counsel with a proposed stipulation of facts. On July 1, 2010, the government filed a Memorandum (Dkt. #49), wherein it advised the Court, inter alia, that as of July 1, 2010 at 4:00 p.m., defense counsel had not responded to the proposed stipulation. Although the defendant was provided with the opportunity to file reply papers by June 30, 2010, the defendant elected not to file any reply papers. Oral argument on defendant's motion was held on July 2, 2010. For the following reasons, it is recommended that defendant's motion in limine to suppress statements made by him to law enforcement after he invoked his right to remain silent be granted.
This Court had previously issued its Report, Recommendation and Order with respect to defendant's motion to suppress physical evidence, statements made by the defendant and "audiotape evidence" (Dkt. ##4 and 11). Dkt. #22. As set forth in this Court's previous Report, Recommendation and Order, the defendant sought to suppress his statements on the grounds that the pursuit of the defendant by Buffalo Police Department officers was "unlawful" and accordingly, any evidence recovered and any statements made by the defendant, after the pursuit began was "fruit of the poisonous tree" and must be suppressed. See Dkt. ## 4, 11 and 22. For the first time in his motion in limine, the defendant argues that his statements made to law enforcement must be suppressed because the statements were obtained in violation of his Fifth Amendment rights. More specifically, after having been placed under arrest and read his Miranda warnings, the defendant, without equivocation, stated "I plead the fifth. I just did six years. I know whats up." Dkt. #8-2, p.5. Thereafter, the defendant was subjected to further custodial interrogation and made statements. As will be discussed in greater detail below, the defendant argues that any attempt to use those statements made by him after he unequivocally invoked his right to remain silent would be a violation of his Fifth Amendment rights.
On February 8, 2009, Buffalo Police Department officers, responding to a call concerning shots fired, observed the defendant operating a vehicle at a high rate of speed and "fleeing from the location of the shooting." Dkt. #8, p.2. The Buffalo Police Department officers pursued the defendant's vehicle to the intersection of Bailey and Walden Avenues where it had momentarily stopped. Id. As Buffalo Police Department Lieutenant Kwiatkowski approached the defendant's vehicle, he observed what appeared to be a handgun in the defendant's right hand. Id. The defendant then drove off at a high rate of speed, nearly striking Buffalo Police Department Officer Cieply's patrol car. Id. (The defendant was subsequently issued a speeding ticket for traveling 75 miles per hour in a 30 miles per hour zone. Dkt. #8-2, p.4.) While the Buffalo Police Department officers continued to pursue the defendant's vehicle, Lieutenant Kwiatkowski and Lieutenant Bartoszewicz observed the defendant reach out the window of his vehicle and throw the handgun over the top of the vehicle with his left hand, nearly striking Lieutenant Bartoszewicz's patrol car. Dkt. #8, p.2. The defendant continued driving at a high rate of speed, but eventually stopped at 97 Gatchell Road, Buffalo, New York where he was arrested. Id. Buffalo Police Department Officer Crowley recovered the loaded weapon with one spent round in the area where the officers had observed the defendant throw it from the vehicle. Id. The defendant was arrested at 97 Gatchell Road and given Miranda warnings by Buffalo Police Department Officer Alvarez. In response, the defendant voluntarily stated, "I plead the fifth, I just did six years, I know whats up." Id.
Thereafter, between approximately thirty and forty-five minutes after his arrest, the defendant was transported to the C-District police station. Dkt. #48, p.3. While at the police station, Lieutenant Kwiatkowski asked the defendant, "when was the last time you were arrested?" The defendant replied, "I did six years for a gun." Id. Lieutenant Kwiatkowski then asked the defendant the following series of questions and the defendant provided the following responses:
Lt. Kwiatkowski: I saw that other car chasing you. What was going on?
Defendant: We were coming from the bar.
Lt. Kwiatkowski: What bar?
Defendant: Fosters. People were fighting there and started shooting. I took off and they started chasing me. It was a black Aurora.
Lt. Kwiatkowski: I saw you throw the gun out the window.
Did you have it for self defense?
Defendant: Yeah.
Lt. Kwiatkowski: You know I saw you throw it, so we're past that already right?
Defendant: Yeah, you're right. I'm not trying to be disrespectful, but I'm done talking. I'll just take my time and roll. I'm not a snitch or giving any statements."
Id. at pp.3-4.
In opposition to the defendant's motion in limine, the government asserts that "Lt. Kwiatkowski's tone during this exchange with the defendant was conversational and at no time did he raise his voice, threaten, intimidate or coerce the defendant. Lt. Kwiatkowski was also aware that Officer Alvarez informed the defendant of his right to remain silent but did not know that the defendant had stated, 'I plead the fifth' or otherwise indicated that he did not want to speak with the police." Id. at p.4.
In Miranda v. Arizona, the United States Supreme Court created a procedural mechanism with the purpose of establishing a prophylactic safeguard that would protect a defendant from the coercive nature of custodial interrogation and preserve his Fifth Amendment privilege against self-incrimination. However, before the requirements of Miranda come into play, there must be a form of "custody" of the person to be interrogated which "custody" amounts to the deprivation of "freedom of action in any significant way." Miranda v. Arizona, 384 U.S. 436, 444 (1966); Thompson v. Keohane, 516 U.S. 99, 100-101 (1995); Tankleff v. Senkowski, 135 F.3d 235, 242 (2d Cir. 1998); United States v. Newton, 369 F.3d 659 (2d Cir. 2004). The defendant bears the burden of proving custody. See United States v. Charles, 738 F.2d 686, 692 (5th Cir. 1984). In the case at bar, there is no dispute, that at the time the defendant made any statements to law enforcement, he was in custody.
It is equally undisputed that immediately following his arrest, the defendant was given Miranda warnings by Buffalo Police Department Officer Alvarez at 97 Gatchell Road, and thereafter voluntarily stated, "I plead the fifth, I just did six years, I know whats up." There has been no suggestion by either party that the defendant's invocation of his right to remain silent was anything other than explicitly clear and unequivocal. At this point in the analysis, it is clear to this Court that the principles recently articulated by the United States Supreme Court on June 1, 2010 in its decision in Berghuis v. Thompkins have been satisfied, to wit, that a suspect who, after having been given his Miranda warnings, wishes to invoke his right to remain silent, must do so unambiguously. Berghuis v. Thompkins, 560 U.S. ___, 130 S.Ct. 2250 (June 1, 2010). Stated another way, the decision of the suspect in Berghuis to remain largely silent throughout two hours and forty-five minutes of interrogation after having been read his Miranda warnings did not constitute an unambiguous invocation of his right to remain silent and therefore, his voluntary statement to the police was admissible. Unlike the suspect in Berghuis, after having been given his Miranda warnings, the defendant immediately and expressly stated, "I plead the fifth."
Once the defendant unambiguously stated, "I plead the fifth," the principles as articulated in Miranda, Michigan v. Mosley, 423 U.S. 96 (1975) and later in Edwards v. Arizona, 451 U.S. 477 (1981) govern and any interrogation should have immediately ceased. Miranda, 384 U.S. at 474. In Michigan v. Mosley, the Supreme Court noted that Miranda distinguished between the procedural safeguards triggered by a request to remain silent and a request for an attorney. We are not concerned with the issue of attorney representation in the present case.
As articulated in Miranda,
[o]nce warnings have been given, the subsequent procedure is clear. If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease. At this point he has shown that he intends to exercise his Fifth Amendment privilege; any statement taken after the person invokes his privilege cannot be other than the product of compulsion, subtle or otherwise. Without the right to cut off questioning, the setting of in-custody interrogation operates on the individual to overcome free choice in producing a statement after the privilege has been once invoked.
Mosley, 423 U.S. at 101, citing, Miranda, 384 U.S. at 473-474 (emphasis added). The Supreme Court went on to state: "'fully effective means . . . to notify the person of his right of silence and assure that the exercise of the right will be scrupulously honored.'" Id. at 103 (1975), citing, Miranda, 384 U.S. at 479. In the instant case, the government argues that, "[o]nce the officers issued Miranda warnings to the defendant, he professed that he was quite familiar with his rights due to his criminal history. The officers then 'scrupulously honored' the defendant's invocation of his right to remain silent while at the scene of the arrest." Dkt. #48, p.6. Notably, the government's claim that the officers "scrupulously honored" the defendant's invocation of his right to remain silent is limited only to the officer's conduct "while at the scene of the arrest" and not while at the C-District police station where he was in continued police custody following his formal arrest.
Notwithstanding the foregoing, after thirty to forty-five minutes, undeniably an interval of time that was extremely short in duration, the defendant was taken to the C-District police station, and at that point, Lieutenant Kwiatkowski "approached the defendant and engaged him in conversation." Id. Although the government fails to even acknowledge yet another recent United States Supreme Court decision decided February 24, 2010, namely, Maryland v. Shatzer, 599 U.S. ___, 130 S.Ct. 1213 (2010), there can be no dispute that the thirty to forty-five minute interval of time in the instant case does not constitute a sufficient break in custody for Miranda purposes. The Court in Shatzer held that a minimum period of two weeks in the break of custody of a suspect would be required before custodial interrogation could be resumed once Miranda warnings had been given to the suspect. Id. at 1223; see also, Edwards v. Arizona, supra.
In its opposition to the defendant's motion, the government advances two equally unpersuasive arguments, both of which reflect a clear misunderstanding of the governing principles of law as they relate to custodial interrogation and the application of Miranda. First, the government suggests that Lieutenant Kwiatkowski's ignorance of facts, to wit, that the defendant after having been read his Miranda warnings by Officer Alvarez, unequivocally stated, "I plead the fifth," somehow excuses Lieutenant Kwiatkowski's subsequent interrogation of the defendant in direct violation of his Constitutional rights. As the United States Supreme Court stated in Arizona v. Roberson, 486 U.S. 674, 687 1988),
Finally, we attach no significance to the fact that the officer who conducted the second interrogation did not know that respondent had made a request for counsel. In addition to the fact that Edwards [Edwards v. Arizona] focuses on the state of mind of the suspect and not of the police, custodial interrogation must be conducted pursuant to established procedures, and those procedures in turn must enable an officer who proposes to initiate an interrogation to determine whether the suspect has previously requested counsel. In this case respondent's request had been properly memorialized in a written report but the officer who conducted the interrogation simply failed to examine that report. Whether a contemplated reinterrogation concerns the same or a different offense, or whether the same or different law enforcement authorities are involved in the second investigation, the same need to determine whether the suspect has requested counsel exists. The police department's failure to honor that request cannot be justified by the lack of diligence of a particular officer.
Arizona v. Roberson, 486 U.S. 674, 687 1988); cf. Giglio v. United States, 405 U.S. 150, 154 (1972). Thus, under the principles articulated by the United States Supreme Court in Arizona v. Roberson, the knowledge of Officer Alvarez is imputed to Lieutenant Kwiatkowski and all other officers involved in the investigation. Accordingly, the government cannot hide behind Lieutenant Kwiatkowski's purported ignorance of the facts and avoid suppression of the defendant's statements.
Second, the government asserts that Lieutenant Kwiatkowski approached the defendant and engaged him in conversation and that because Lieutenant Kwiatkowski's tone was calm and conversational and that he immediately ceased the interrogation when the defendant stated, "I'm done talking . . . I'm not . . . giving any statement," the defendant's statements are admissible against him at trial. Contrary to the government's suggestion, the fact that it was Lieutenant Kwiatkowski who approached the defendant underscores the impropriety of the entire exchange. As the United States Supreme Court made clear in Edwards v. Arizona, any "further communication, exchanges, or conversations with the police" that the suspect himself initiates, are perfectly valid, but the converse is not, however, true. Edwards v. Arizona, 451 U.S. at 485. Finally, the fact that the government claims that the exchange between the defendant and Lieutenant Kwiatkowski may have been conversational and Lieutenant Kwiatkowski's tone remained calm is wholly irrelevant to the issue before this Court. The questioning of the defendant by Lieutenant Kwiatowski was custodial interrogation which by the very nature of the questions, Lieutenant Kwiatkowski knew or should have known, were intended to elicit incriminating evidence from the defendant in violation of his Fifth Amendment rights. Rhode Island v. Innis, 446 U.S. 291 (1980) ("[T]he term "interrogation" under Miranda refers not only to express questioning, but also to any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect.").
Accordingly, for the foregoing reasons, it is the recommendation of this Court that the defendant's statements to law enforcement after he had unequivocally and unambiguously invoked his right to remain silent must be suppressed.
Therefore, it is hereby ORDERED pursuant to 28 U.S.C. § 636(b)(1) that:
This Report, Recommendation and Order be filed with the Clerk of the Court.
ANY OBJECTIONS to this Report, Recommendation and Order must be filed with the Clerk of this Court within fourteen (14) days after receipt of a copy of this Report, Recommendation and Order in accordance with the above statute, Fed.R.Crim.P. 58(g)(2) and Local Rule 58.2.
The district judge will ordinarily refuse to consider de novo, arguments, case law and/or evidentiary material which could have been, but were not presented to the magistrate judge in the first instance. See, e.g., Paterson-Leitch Co., Inc. v. Massachusetts Municipal Wholesale Electric Co., 840 F.2d 985 (1st Cir. 1988). Failure to file objections within the specified time or to request an extension of such time waives the right to appeal the District Judge's Order. Thomas v. Arn, 474 U.S. 140 (1985); Wesolek, et al. v. Canadair Ltd., et al., 838 F.2d 55 (2d Cir. 1988).
The parties are reminded that, pursuant to Rule 58.2 of the Local Rules for the Western District of New York, "written objections shall specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for such objection and shall be supported by legal authority." Failure to comply with the provisions of Rule 58.2, or with the similar provisions of Rule 58.2 (concerning objections to a Magistrate Judge's Report, Recommendation and Order), may result in the District Judge's refusal to consider the objection.
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An amazing place to relax and truly experience the beautiful outdoors. There are main trails and more secluded ones as well.
Beautiful scenery. Plenty of lakes and mostly wooded area/pasture
We like Reed mainly for convenience but its also just a great place! If you go back by Bluestem lake there is a hiking trail closed to horseback. It's a little more secluded than the multi use trails. You'll also cross a few bridges, see a huge old tree, and get to the top of a nice bluff. Most of it is very well maintained and easy to walk, no real hills or anything difficult. Our only complaint about the hiking trail is that it is too easy and not long enough. But if want to get mileage in use the multi use trails as they total almost 15 miles.
Great for running the dogs! We tend to avoid it during fishing season, when it can get a bit crowded; not to mention that the dogs tend to disrupt. But during the winter, it's a great hike around each and every lake.
This is a nice place close to the city to get out of the house. There was not anything special about it. Typical Missouri terrain. We went here mostly out of curiosity more than anything. It was pretty muddy but due to recent snowfall melting. We hiked the multi-use trail as well as the hiking only trail. Even with it late winter/early spring, there were quite a few folks fishing and being that the last part of the trail we were on really was not feasible to walk on, we did walk down the road quite a ways and there was quite a bit of road traffic. It was an interesting hike and got me out of the house but I wouldn't go here often, only when I just don't feel like making a long drive anywhere. There isn't much in the way of elevation changes. Most of the time you are walking in a field/pasture area around the back side of the numerous lakes. Lots of geese and ducks though. Worth it if you don't wont to make the drive and with all of the loops to the multi-use trail, you could make it short or long depending on what you want.


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The retrial of a Chasidic man charged with the rape and sexual assault of a young Orthodox woman, opened this week, after an earlier jury failed to return a verdict.
Father of five Menachem Mendel Levy, 41, has pleaded not guilty to sexually abusing the young woman when she was aged between 14 and 21.
"Where you go I will go, and where you stay I will stay. Your people will be my people and your God my God." - Ruth 1:16
Some of the more drastic cuts in the budgets of strictly Orthodox education have been dropped at the last moment from the new Israeli state budget.
Thousands of strictly Orthodox teenagers have attempted to stop the Women of the Wall from holding a service at the Western Wall.
Early on Friday morning, a police barricade stopped protesters from attacking the women who were given the legal right to pray at the wall in April. According to sources, the men were throwing rocks, water bottles and other items.
Strictly Orthodox rabbis in London have set up a hotline to report any breaches of decency among the ranks of the community.
Notices have gone up in synagogues in Yiddish and English advertising a mobile number on behalf of the new Va'ad L'Toihar Hamachneh, Committee for the Purity of the Camp.
An Orthodox Jewish man has been found guilty of sexually assaulting two of his step-daughters, aged nine and 12-years-old.
A court heard how the man, who cannot be identified for legal reasons, would crawl into the girls' beds on Shabbat and touch them inappropriately. He also assaulted them while they were sitting on his lap, sometimes while their mother was in a nearby room.
Israel plans to cut yeshivah funding by 30 per cent under the new Economic Arrangements Law.
The draft of the law, which was released this week, explained that by cutting funds to higher institutions, including yeshivahs, the country would save $93 million a year. The government plans to save money by changing the age limit that yeshivah students are able to receive benefits from the state.
A volunteer with a community security group, Shomrim, suffered a fractured skull after an incident in Golders Green in the early hours of last Thursday morning.
A website has been created to help Orthodox Jews struggling with addictions to porn, sex or masturbation find support in the Torah.
Guard Your Eyes — which bears the slogan 'Maintaining Moral Purity In Today's World' — offers Torah-inspired assistance for those they term "caught in the shmutz".
Detailed plans for a £2 million affordable housing project for Jews on the former premises of Manchester Zionist headquarters Mamlock House have been unveiled.


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Everyone likes to eat cake. Cake and chocolate is a favourite snacks for children. Lets cook a different snacks for children by a mix of chocolate and banana. Have a energetic day with Chocolate and banana muffins.
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Mountain Exposure [Womens]tee shirt
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Functie omschrijving
Do you have a friendly telephone voice and do you speak besides English the Danish language? Please read on! We are looking for telephone interviewers who want to work for an international callcenter which is located in Amsterdam. As an interviewer you require information for costumers by asking various questions.
For a forthcoming project we are looking for candidates who speak native Danish.
You are able to work in this shift:
- Evening shift: 16:30 - 20:30
You have to be available for 3 shifts in a week.
Travel expenses are not paid!
For this position we are looking for people who match the following profile:
- A friendly and convincing voice
- Good mastering of the English language
- Excellent mastering of the Danish language
- At least MBO work- and education level
- Available for 3 shifts in a week
- Living in or near Amsterdam
- Work experience as a interviewer by phone is a benefit


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The Dayton KP211515C Stainless Steel Top Mount Single Bowl Kingsford Package is highly resistant to heat and stain. This single bowl sink is made of stainless steel with satin finish so watermarks and scratches will not be noticeable. It has a thickness of 22 gauge and its drain size is 3-1/2 inches. The Dayton KP211515C Stainless Steel Top Mount Double Bowl Kingsford Package is furnished with 4 faucet holes. The underside is fully undercoated on bottom of bowl to reduce condensation and dampen sound. It has a raised type faucet deck and has a dimension of 15 x 15 x 6 inches. The Dayton KP211515C Stainless Steel Top Mount Single Bowl Kingsford Package has a top mount installation type and has a minimum cabinet size of 36 inches. Backed with the quality assurance of domestic manufacturing and customer care, Dayton gives you decent and highly durable sink that meets your budget.
|Stainless Steel
|Installation Type:
|Product Collection:
|Mpn #
|Shipping Dimensions
|16.4" x 6.9" x 21.1"
|6.70 lbs.
|Shipping Dimensional Weight
|13.66 lbs.
PlumbersStock.com has earned a 4.5 out of 5-star store rating . We are proud of our reputation and we have achieved it by offering useful information to shoppers. This particular product, the Dayton KP211515C Kingsford Stainless Steel Single Bowl Sink + Faucet Kit, does not yet have any customer reviews. If you are familiar with this product, please leave a review for the benefit of others. We appreciate your help!


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Sci fi/Fantasy image byDiana Brown
This picture's original size is also larger than what you see here, I had problems finding a scanner that would fit it. I tried to do my best on it. It is also the first part of a trilogy. This picture, as well as the others, is a perfect match. She tends to display an image of authority and compassion for her surrounding environment. I also like to call her 'The Queen' in referrence to her twin sister. (Mermaid3, All three took me about 12 hours to complete)
Published More than a year ago
Category Fantasy
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Since 1978 the Lord has allowed us to rescue over 1,000 homeless, orphan, and abandoned children.
There are Lighthouse Homes in India, Costa Rica, Panama, Mexico and Thailand with plans to open other Homes as the Lord leads. We do not receive Funds from any government agency, we are totally supported by Churches and the Lord's people.
Please look through our website and see how you can help us rescue storm-tossed lives for Christ.