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- January 28, 2011
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I'm incredibly dubious of Tracy's capability actually… I'll just step back before he makes another stupid decision.
The story continues to spin its wheels…I think it's 6 feet under by now.
Okay, so we have our weekly reminder of why Horn Hair and Testicle Chin aren't allowed to leave the house by themselves. Plus Locher's hapless effort to do a parallel storyline in which widely-separated people say related things about Thick. Two out of three characters have the appropriate number of finger-shapes at the ends of their arms, and once again we are reminded that Thick forgot to handcuff Morbid after they escaped the sunken car.
Or does panel #3 show some clumsy effort by the Dipsy Duo to hold hands and become S&M snugglebunnies?
Did Liz forget about the storm of the century with all communications down? It's a good thing the power lines are intact! Even the old granary appears to have lights.
America's most dangerous criminal is NOT in handcuffs and thinks Spacy is such a moron that he'll release Mordred's chains to help him SPEAK better.
And this is what this strip has come to.
OK, Mordred's left hand appears to be free and it looks as though he can simply slide his right hand out of the massive chain. Opps! I forgot he's sedated…
Did the decoy vehicles ever show up?
"Why hasn't Tracy called in Sam"???
Well, Liz, we have been over this several panels ago, It is the "Storm of the Century" All systems are down.
A waste of reading today. Nothing new.
Is it me or do Mordreds arms and hands not seem to secured???
Looked at the sample from the new Dick Tracy team. I think there are better times coming.
It's not hard to see why these chains are so uncomfortable. Most chains are in the form of a series of metal rings passing through one another. The Chains on Mordred are welded end to end, which would limit their flexibility.
Mordred must be Italian. He needs his hands to talk with.
For those interested, next weeks strips are on Comics Kingdom already.
The bad news, northing happens until Friday Feb. 4th.
What is the purpose of the chains if they don't restrict the movement of Mordred's hands and arms? Which they don't.
Where's Mrs. Pruneface when we really need her?
Haven't we already seen that Mordred's arms and legs are completely free of the chains? So it's no big deal if Tracy removes them.
He was given the key, right? Not that was a little detail Locher thought to tell us, given all the other info that he needed to tell us over…and over…and over…and over…
Maybe nothing happens next week, but if the look on Thick's face is any indication there should be marathon running and screaming the following week– with a good chance of hiding and cowering.
It figures.
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The 11th edition of the Sick Trick Tour took place at Snowpark Kitzbühel
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The Nitro Pros celebrated an intense snowboard weekend together with 24 campers
Vans takes you back to the origins of snowboarding!
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Finally the King, Queen and Prince of the Välley will be crowned
An EPIC big air and rail jam contest, coming to Trysil, Norway soon...
The all girls Jib Contest is back for another round!
This year's Legendary Banked Slalom went off!
That's a wrap on Sochi 2014!
Our full report of the Sochi 2014 women's halfpipe finals
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Live coverage of the Sochi 2014 women's halfpipe semi finals
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Drop us a comment in our live coverage of the Olympic women's halfpipe qualifiers
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Results from today's men's halfpipe qualifiers and semi finals
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South boys swim team captures OVAC crown
STEUBENVILLE, Ohio -Parkersburg South's boys swim team dominated the Ohio Valley Athletic Conference big school meet on Saturday as the Patriot boys claimed the league championship by more than a 100-point margin over runner-up Wheeling Park, 323 points to 221.
It marked back-to-back titles for South, who easily defended the championship it won last year. Plus, with the Patriot girls placing fourth, South was declared the overall champions of the meet.
"It really felt good," said South swim coach Steve Lutz, who got a "bath" at the end of the meet thanks to his swimmers. "I didn't mind getting dunked."
Lutz was proud that many Patriot swimmers recorded their best times of the season.
"I don't know how many kids we had seeded in the 17 to 24 range that finished in the top 16 and scored points in the meet," he said. "This is one of the best meets in which I have been involved."
Ironically, although South's boys were dominating the scoreboard, the Patriots waited until the final event of the day to capture their only first place. It came when Garrett Fink, Garrett DePergola, Joe Miller and Kinzie Bailey combined efforts to win the 400 freestyle relay in a time of 3:33.57.
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South's girls missed out on a third place finish by a single point as Martins Ferry nipped the Patriots, 163 to 162. Morgantown ran away with meet, amassing 360 points to 244 for runner-up Wheeling Park.
Thanks for Anna Pasternak, South had a pair of third place finishes as she teamed with Rachel Kirk, Emily Lowden and Emily Gersper to place third in the 400 freestyle and individually came in third in the 50 freestyle. Kirk, Lowden, Gersper and Pasternak also placed fourth in the 200 freestyle relay and fifth in the 200 medley relay while Gersper took fifth in the 100 breaststroke.
Lutz praised swimmers like Sierra Parsons, one of the last to qualify in the 100 freestyle, but she improved her previous best time and placed 15th, adding to South's point total.


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Originally posted on World Series Dreaming | Last updated 3/1/13
We all knew this would happen. After seeing this happen time and time again, this was inevitable. Any time the Chicago Cubs let go of a player, they always come back to bite the hand that once fed them. This very situation happened for what seems like the millionth time in the history of this franchise, happened yet again today. Allow me to set the scene for you. In today's Spring Training game against the Arizona Diamondbacks, the bases were loaded, and their manager Kirk Gibson made the move he had to make, he brought in his secret weapon off the bench to pinch hit. That's right, Gibson brought in the great Tony Campana. With the bases loaded, and the Diamondbacks already leading the Cubs 4-2, the game was still in the balance, and whatever Campana did could ultimately decide the outcome of this game. The manager of the Cubs, Dale Sveum, knew he had to counter this masterful move from his rival across the field, and motioned to his bullpen. He brought in Blake Parker to replace the struggling Rafeal Dolis. You could cut the tension with a knife. The home crowd erupted when Campana stepped into the batter's box, whether out of love for the recently departed Cub, or the fact that they forgot he had been traded, they cheered. Parker knew he could not let Campana beat him, or his already slim chances of making the big league club out of camp would take a fatal blow. That is when the inevitable happened. That is when the impossible took place. Campana, the man who could never get the ball out of the infield, hit a two run double to increase the Diamonbacks lead over the Cubs to 6-2, and the crowd went wild once again. The Campana offensive explosion did not stop there either. In his very next at bat, he hit a triple of off Casey Coleman. He is doing what everyone knew he would do if only he was given the chance to do so. He is making the Cubs look completely foolish for trading him away at the ripe old age of 27. They should have known better, and made him the leadoff hitter and starting center fielder instead of signing Scott Hairston or Nate Schierholtz. I tell ya, I have no idea what the Cubs were thinking when they gave up on that stud. Of course, you knew this would happen, the Cubs made a massive mistake in getting rid of the next Lou Brock for two 17 year old Dominican pitchers. Theo Epstein and Jed Hoyer should be fired, and the Cubs banned from ever making another trade again, because this always happens. This happens every damn time they make a trade. Forget that this is still Spring Training, and he is hitting against pitchers that likely will not sniff the majors this year unless there are a string of injuries. Do not pay attention to the fact that the air in Arizona carries the ball better than anywhere else (almost as much as in Colorado). Also, forget that even the pitchers who know they will not make the club out of training camp are working on pitches and do not care much about the result. The simple sight of Campana hitting the ball in meaningless games against pitchers who do not belong on a major league roster proves, beyond a shadow of a doubt that he will be the greatest outfielder in the history of the game. Yes, Campana had a great meaningless game and yes, he did so against the Cubs. But, this one game where he actually looks like a major league hitter is completely meaningless. Wait until he does something worthwhile against a real major league proven pitcher when they are not just trying to get stretched out, or working on various pitches. Wait until April 1 when the season starts, if he even is able to break camp with the big league club. Until then, all his so called accomplishments mean nothing, and do not show that the Cubs made a mistake on giving up on him. He is not a major league hitter, at the end of the day, despite his *********** of offensive contributions in one spring training game, all he will ever be is a 25th man. His greatest contribution to every team he plays for in his career, will come as a pinch runner off the bench.
Most strikeouts by a hitter in a single season
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Vote no on school budgetMarch 01,2014
Vote no on school budget
I consider myself a core supporter of education. I have supported every budget for both East Montpelier and U-32 school district with my vote and voice for over 20 years. However, I will not be supporting the U-32 budget this year and encourage others to do the same. Three out of the seven school board members voted against this budget, which is unprecedented in my memory.
With this budget we will be spending $1,238,250 more than two years ago while reducing the teaching staff by 5 percent. I thought teaching was what the education system was for. This budget does not support education; it supports bureaucracy. We have also burned through $418,000 of fund balance in the last two years a very bad trend. Using the fund balance for operating revenue is a smoke-and-mirrors game with our tax dollars. Its time for U-32 to reboot its operating system.
Vote no on the U-32 budget.
Edward Deegan
East MontpelierMORE IN LettersMSNBC news analyst Rachel Maddows report on the election of Republican Rutherford B. Full StoryThe Barre Historical Society wishes to thank all the many people who made the Rise Up Bakery... Full StoryI was so pleased to see the picture and the write-up of the kittens and children at the school in... Full Story
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Viking Line with new LNG ferry
Viking Line has signed a letter of intent with Chinese Xiamen Shipbuilding Industry to build a new LNG-powered ferry.
DNV GL creates new tool for LNG usage - calculating the PKI methane number.
New easy-to-use calculator helps overcome quality issues, protect engines and support wider adoption of LNG as a fuel.
LNG cluster develops a unique platform of knowledge
The activities of the LNG cluster continue to strive for deeper knowledge and valuable exchange. Members of the cluster recently had an opportunity to attend training with a Sven Lataire, SGS global LNG manager – a special guest from Belgium.
MARENER 2017 - International Conference on Maritime Energy Management
Make plans to attend MARENER 2017 , which will be held on 24 and 25 January 2017 in Malmo, Sweden and host by one of our partners - WMU (World Maritime University).
Klaipedos Nafta expands cooperation with Norwegians
Oil and LNG terminal operator Klaipedos Nafta, AB and the Norwegian company Kongsberg Maritime AS have signed a memorandum of understanding regarding cooperation and concentration of expertise in the field of LNG terminals.
20 LNG trucks in Spain!
The Spanish Alimerka recently acquired 20 liquefied natural gas-fueled Scania trucks to its transport fleet.


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- Resources
Alternative 2 System Map
Use this map viewer to see an overview of the proposed Alternative 2 System Map.
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The routes and bus stops are currently undergoing review with Pierce Transit to operability and safety along the routes, and there may be changes to the displayed information if Alternative 2 is implemented in March 2017.


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text: A Whole Foods Market store opening this month in Brooklyn, N.Y., might signal a change in direction in the Gowanus neighborhood. Some residents support redevelopment, while others object. Community groups have partnered with the New York City Council to advocate for infrastructure improvement, preservation of artist studios and rezoning to accommodate affordable housing. "It may well lead to further development, and the neighborhood needs to make sure it has open space," former Parks & Recreation Commissioner Adrian Benepe said.


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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
As stated clearly in the book,
But in today's world, a nation's form of government, not its 'civilization' or its geographic location, maybe the best predictor of its geopolitical alignment."
For instance, China and Japan both have shared Asian culture, but at the same time one is a democratic country while the other one follows an autocracy. Thus, Japan will have more in general with another democracy, even though it is not racially same, that it will with China.
He further discussed that the dictatorship are unsafe, not only because they have unfair internal policies, in fact they normally experiencing fast economic growth (Dejevsky, 2008). This permit them to support a more authoritative and threatening military with which to pressurize democracies: like, Russia's flourishing oil wealth had conflicts with the European Union and sent nuclear bombers on training trip on Western side, while China on the other hand makes more and more difficult demands on Taiwan (Dejevsky, 2008). In addition, economic success of China in the absence of democracy has led other countries to follow their dictatorial rule as a way of copying their success, and the response can be seen in places such as Venezuela (Dejevsky, 2008).
Kagan has admitted that there could be friction between autocracy such as Russia and China may mistrust each other over their common objective in Siberia. He also recognized that democracies can have friction with one another like the cynical exchanges between the United States and France on the evening of the Iraq war (Sanger, 2008). However, the author's point-of-view is that when push comes to heave, a democratic state would always take side with a democracy in clash with a dictatorship, while a dictatorship would always take side with a dictatorship in clash with a democratic state (Sanger, 2008).
One of the most controversial things according to Kagan is that the United Nations protects dictatorship in the name of independence. Besides, China and Russia both as permanent Security Council members with the veto protect other client dictatorship such as Sudan and Turkmenistan from United Nation action (Sanger, 2008). In order to resolve this, Kagan supports setting up a "League of Democracies," where countries following democracy could organize policies so as to deal with dictatorship that tribute the United Nation, as a substitute to it (Sanger, 2008).
However, the book is has some weak areas. The first weakness can be seen in the author's plan for a League of Democracies as unconvincing on two stages. First of all, it is quite difficult to see as to how a suggested structure is set up without being seen as a substitute to the United Nations rather than a tribute (Sanger, 2008). Second of all, democratic countries usually have competition and resistance with one another, like for instance France and America have a joint rivalry, as well as harsh recollections of their conflicts before the war of Iraq. As Kagan appears to set aside these as small and unimportant challenges, it is difficult to see as how such clashes would be prevented within his League of Democracies (Sanger, 2008). He claims unconvincingly that democracies will overcome such conflicts & clashes because of the greater uncertainties of the dictatorship.
This is a sensitive and far-sighted assessment on the state of global politics as the decade reaches its closing stages, in the form of an extended composition. He further says in his book that a new alliance of revolt is rising in opposition to the West, which is not led by a mutual ideology except in so far as resentment to the rule of law and democracy has been measured as ideological. Kagan foresees that the future would witness the comeback of nationalism, along with increasing pressure and disagreement between the forces of democracy and dictatorship.
He observes that what concerns the most is a country's nature of government and not its culture, religion or even the geographic location; and this establishes its position internationally. Despite the fact that that he does not give much notice to the threats given by the terrorists time and time again, and doesn't take this into account as a primary danger while the history has proven that modernity has never been defeated against the conventionality signified by the Islamists. To an extent one can consider this as the truth but at the same time terrorism might have unintentional outcomes in the development of agreements and in the growth of any country formation.
The author has given his readers a depiction of the today's world in all its complexity and its simplicity. According to him, we all are living in a world where America has its dominance but cannot dominate, as all are making great efforts and struggling for power, stature and reputation (Sanger, 2008). Even though power is at the service of ideas, but the vital notion involves the idea about power for democracy and dictatorship. In other words, Robert Kagan masterfully position the most imperative questions that is dealing the moderate democratic countries, daring them to decide as to whether they want to shape history or give in others hands to shape it for them. The book consists of hundred pages having overall style, vigor, flair and elegance (Sanger, 2008).
Zakaria; Fareed. The Rise of the Rest. Newsweek. May 2008
Joffe; Joseff. "The New World." Sunday Book Review. New York Times. May 2008
Dejevsky, Mary. The view from Camp McCain: "The Return of History and the End…[continue]
"International Relations The Book The" (2008, November 12) Retrieved December 10, 2016, from http://www.paperdue.com/essay/international-relations-the-book-26827
"International Relations The Book The" 12 November 2008. Web.10 December. 2016. <http://www.paperdue.com/essay/international-relations-the-book-26827>
"International Relations The Book The", 12 November 2008, Accessed.10 December. 2016, http://www.paperdue.com/essay/international-relations-the-book-26827
.. because the self, in this logic, becomes social though acquiring and fulfilling an institutional identity" (Dunne, Kurki, and Smith 181). 6.) What does it mean to say that identities and interests are mutually constituted? One of the central premises postulated by the constructivist theory of international relations is based on the concept of mutual constitution, a term describing a coexistent social relationship between states in which agency, or the element of
International Relations: Nationalism Author Umut Ozkirimli makes an important point at the outset of his book: though nationalism has been around for more than two hundred years, serious scholarly examinations of the "origins and spread" of nationalism did not begin until the First World War, and began to seriously pick up momentum only after WWII. Why this is a fact is up for discussion, but perhaps, a naive reader might surmise,
By the stipulation that a prince ought to surrender his territories if he altered his faith an obstruction was positioned in the manner of an additional increase of the Reformation. The announcement that all objections or rejections by whoever declared ought to be unfounded and annulled delivered a rage at the interference of the Roman curia in German dealings. The constitutional alterations set down by the treaty had extensive
Because of the army's status as Serbs, however, it aided only the rebels, leaving the Croats to fend for themselves. But the conflict did not stay within the boarders of Croatia. Instead, it pushed past the boundaries of Bosnia Herzegovina and led to one of the most bitter and bloodiest battles of the war, which included the Serbs and Yugoslavian People's Army fighting against the Croats and Muslims of Bosnia.
international relations theory due to their background in agriculture related research and study, including a BSc. degree in agriculture, a master's degree was in agricultural development and a master's degree in sustainable development in agriculture. With regard to sustainable development this applicant was struck by the number of issues that were purely related to an understanding of the nation state and the crisis that it now faces in the
political motive should be allowed to exercise within the context of morality otherwise the strongest will flourish at the expense of the weakest. The accommodation of morality within political decision-making is the essence of the central argument presented by Immanuel Kant in his work, "Perpetual Peace." This paper begins by summarizing Kant's "Perpetual Peace" and goes on to identify the realist and liberal aspects of his work. The paper
Role of Cyberspace in International Relations: A Literature Review Cyberspace became a household term after it was adopted by computer professionals and popularized in the 1990s (Slater, 2002). Before that, it was used most often in science fiction movies and books. It relates to the environment in which communication occurs over and/or between computer networks. With the growth of the internet, many people began referring to cyberspace as the "place" where


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March 25, 2011
DANIEL CLAY PLAINTIFF,v.DR. MARY D'SILVA, DIRECTOR OF DENTAL SERVICES, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, DEFENDANT.
The Capitol Albany, New York 12224 HON. GLENN T. SUDDABY, United States District Judge 9:09-CV-1245
Currently before the Court, in this pro se prisoner civil rights action filed by Daniel Clay ("Plaintiff") against New York State Department of Correctional Services Director of Dental Services Dr. Mary D'Silva ("Defendant"), are (1) Defendant's motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to Fed. R. Civ. P. 12(b)(6) (Dkt. No. 12), and (2) United States Magistrate Judge David R. Homer's Report-Recommendation recommending that Defendant's motion be granted (Dkt. No. 21). Plaintiff has not submitted any Objections to the Report-Recommendation, and the time in which to do so has expired. For the reasons set forth below, the Report-Recommendation is accepted and adopted in its entirety; Defendant's motion is granted; and Plaintiff's Complaint is dismissed.
Plaintiff filed his Complaint in this action on November 6, 2009. (Dkt. Nos. 1, 9.) The factual allegations of Plaintiff's Complaint are accurately recited in Magistrate Judge Homer's Report-Recommendation. (Dkt. No. 21, at 2-3.) The Court will not repeat that recitation in this Decision and Order, which is intended primarily for review by the parties. The Court will note only that, generally, construed with the utmost of liberality, Plaintiff's Complaint alleges that, between October 2006 and November 2009, while he was incarcerated at Clinton Correctional Facility ("Clinton C.F.") in Dannemora, New York, Defendant violated his constitutional rights by causing him to experience unnecessary pain due to delayed dental treatment. (See generally Dkt. No. 1 [Plf.'s Compl.]; Dkt. No. 9 [Exs. to Plf.'s Compl.].). More specifically, Plaintiff alleges that, during the time period in question, (1) he experienced unnecessary pain while waiting for the removal of three tooth fragments that remained in his gums following the extraction of one of his teeth on October 11, 2006, and (2) that the delays and pain he experienced was due to Defendant's failure to fulfill her duty to make sure there are a sufficient number of dentists at Clinton C.F. to treat the dental needs of the large population of inmates incarcerated there. (Id.) Based on these factual allegations, Plaintiff asserts a claim for deliberate indifference to his serious medical needs, in violation the Eighth Amendment. (Id.)
On March 10, 2010, Defendant filed a motion to dismiss the action for failure to state a claim upon which relief can be granted, pursuant to Fed. R. Civ. P. 12(b)(6). (Dkt. No. 12.)
Generally, in support of her motion, Defendant asserts the following three arguments: (1) Plaintiff has failed to allege facts plausibly suggesting a claim for deliberate indifference to his serious medical needs because, inter alia, (a) he has failed to allege facts plausibly suggesting that Defendant acted with a sufficiently culpable state of mind during the time in question, and (b) indeed, Plaintiff alleges that there were three dentists at Clinton C.F. during the time in question; (2) Plaintiff has failed to allege facts plausibly suggesting a causal connection between anything Defendant did or did not do (regarding the staffing of dentists at Clinton C.F.) and the scheduling delays that Plaintiff allegedly experienced, which were caused by office staff; and (3) based on the factual allegations asserted in Plaintiff's Complaint, Defendant is protected from liability as a matter of law by the doctrine of qualified immunity. (Id.)
On April 28, 2010, after being granted an extension of time in which to do so, Plaintiff filed a response in opposition to Defendants' motion. (Dkt. Nos. 15, 16.) Construed with the utmost of special liberality, Plaintiff's response challenges each of the three arguments asserted by Defendants. (Id.) Among other things, Plaintiff argues that (1) the third dentist arrived at Clinton C.F. only a "few months" before he filed his Complaint in this action; and (2) a memorandum from "S. Garman, ADSP" at Clinton C.F. dated October 18, 2007, refers to "the vacancy rate of Dental personnel statement and . . . [the need] to help recruit and retain Dental professionals," plausibly suggesting a causal connection between anything Defendant did or did not do (regarding the staffing of dentists at Clinton C.F.) and the scheduling delays that Plaintiff allegedly experienced. (Id.)
On February 1, 2011, Magistrate Judge Homer issued a Report-Recommendation recommending that Defendant's motion be granted and that Plaintiff's Complaint be dismissed.
(Dkt. No. 21.) Generally, in support of his recommendation, Magistrate Judge Homer found that Plaintiff had failed to allege facts plausibly suggesting that Defendant was deliberately indifferent to his serious medical needs. (Id.) Familiarity with the remaining grounds of Magistrate Judge Homer's Report-Recommendation is assumed in this Decision and Order, which is intended primarily for the review of the parties. (Id.)
A. Standard of Review
When specific objections are made to a magistrate judge's report-recommendation, the Court makes a "de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." See 28 U.S.C. § 636(b)(1)(C).*fn1
When only general objections are made a magistrate judge's report-recommendation, the Court reviews the report-recommendation for clear error or manifest injustice. See Brown v. Peters, 95-CV-1641, 1997 WL 599355, at *2-3 (N.D.N.Y. Sept. 22, 1997) (Pooler, J.) [collecting cases], aff'd without opinion, 175 F.3d 1007 (2d Cir. 1999).*fn2 Similarly, when a party makes no objection to a portion of a report-recommendation, the Court reviews that portion for clear error or manifest injustice. See Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1 (S.D.N.Y. July 31, 1995) (Sotomayor, J.) [citations omitted]; Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition [citations omitted]. After conducing the appropriate review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C).
B. Standard Governing a Motion to Dismiss
Magistrate Judge Homer correctly recited the legal standard governing a motion to dismiss for failure to state a claim upon which relief can be granted. (Dkt. No. 21.) As a result, this standard is incorporated by reference in this Decision and Order. The Court would add only one point.
While the special leniency afforded to pro se civil rights litigants somewhat loosens the procedural rules governing the form of pleadings (as the Second Circuit has observed), it does not completely relieve a pro se plaintiff of the duty to satisfy the pleading standards set forth in Fed. R. Civ. P. 8, 10 and 12.*fn3 Rather, as both the Supreme Court and Second Circuit have repeatedly recognized, the requirements set forth in Fed. R. Civ. P. 8, 10 and 12 are procedural rules that even pro se civil rights plaintiffs must follow.*fn4 Stated more simply, when a plaintiff is proceeding pro se, "all normal rules of pleading are not absolutely suspended." Jackson v. [and] cannot be treated as an objection within the meaning of 28 U.S.C. § 636."), aff'd, 86 F.3d 1273 (2d Cir.), cert. denied, 519 U.S. 895 (1996).
Onondaga County, 549 F. Supp.2d 204, 214 & n. 28 (N.D.N.Y. 2008) (McAvoy, J., adopting Report-Recommendation of Lowe, M.J., on de novo review) [citations omitted].
Plaintiff has not filed objections to the Report-Recommendation. As a result, the Court need only review the Report-Recommendation for clear error.
After carefully reviewing all of the papers in this action, including Magistrate Judge Homer's Report-Recommendation, the Court concludes that Magistrate Judge Homer's thorough Report-Recommendation is correct in all respects. (Dkt. No. 21.) Magistrate Judge Homer employed the proper legal standards, accurately recited the facts, and reasonably applied the law to those facts. (Id.) As a result, the Court accepts and adopts the Report-Recommendation in its entirety for the reasons stated therein. (Id.) Among these reasons are the following: (1) Plaintiff has not alleged facts plausibly suggesting that he was actually harmed by any under-staffing of dentists at Clinton C.F. during the time in question (given that, as the body Plaintiff's Complaint alleges, he received repeated dental care from two different dentists during the majority of the time in question); and (2) even if he has alleged such facts, he has not alleged facts plausibly suggesting that complete dental staffing was possible (given that, as asserted in the Clinton C.F. internal memorandum attached to Plaintiff's Complaint, there was a shortage in the supply of dentists statewide). (Id.)
The court would add only four points. First, the Report-Recommendation would survive even a de novo review.
Second, the repeated dental care that Plaintiff received from three dentists (i.e., Drs. P.J. Kullman, Tahir R. Farooki, and R. Oliveira) at Clinton C.F. during the time in question included two x-ray examinations and three oral surgeries. (See generally Dkt. No. 1.) Plaintiff's claim is essentially a complaint regarding the perfection and speed with which those dentists provided him dental care. As the Second Circuit has explained:
It must be remembered that the State is not constitutionally obligated, much as it may be desired by inmates, to construct a perfect plan for dental care that exceeds what the average reasonable person would expect or avail herself of in life outside the prison walls. [A] correctional facility is not a health spa, but a prison in which convicted felons are incarcerated. Common experience indicates that the great majority of prisoners would not in freedom or on parole enjoy the excellence in [medical] care which plaintiff[] understandably seeks . . . . We are governed by the principle that the objective is not to impose upon a state prison a model system of [medical] care beyond average needs but to provide the minimum level of [medical] care required by the Constitution. . . . The Constitution does not command that inmates be given the kind of medical attention that judges would wish to have for themselves . . . .
Dean v. Coughlin, 804 F.2d 207, 215 (2d Cir. 1986) [internal quotation marks and citations omitted].
Third, while Plaintiff has submitted a Clinton C.F. internal memorandum indicating that the medical department at Clinton C.F. had a problem with the recruitment and retention of dental staff (due to a shortage in the supply of dentists statewide), that internal memorandum-- which does not indicate it was sent to Defendant, or the source of a communication with Defendant--does not plausibly suggest that Defendant knew, or reasonably should have known, that Clinton C.F. did not have enough dentists to fulfill its obligations under the Eighth Amendment. (Dkt. No. 9, at 43-45 [Ex. L to Plf.'s Compl.].)
Fourth, the Court notes that, under the circumstances, it need not afford Plaintiff an opportunity to amend his Complaint before dismissal. Affording a pro se civil rights plaintiff an opportunity to amend his complaint before dismissal is not required where (1) the plaintiff has already been afforded the opportunity to amend,*fn5 or (2) the defects in the plaintiff's claims are substantive rather than merely formal, such that any amendment would be futile.*fn6 Here, it is arguable that Plaintiff has already been afforded the opportunity to amend, through the Court's extra-liberal construction of his papers in response to Defendant's motion as effectively amending the allegations of his Complaint (for example, his allegation, in his response papers, that the third dentist at Clinton C.F. arrived there only "a few months" before he filed his Complaint). In any event, even if that extra-liberal construction did not constitute an opportunity to amend, the Court finds that, even when construed with the utmost of special liberality, Plaintiff's claims are fatally plagued by defects that are substantive rather than merely formal, such that any amendment would be futile.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Homer's Report-Recommendation (Dkt. No. 21) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Defendant's motion to dismiss (Dkt. No. 12) is GRANTED, and Plaintiff's Complaint (Dkt. No. 1) is DISMISSED.
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Nimrod Hotel es Etterem: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Mosonmagyarovar, Hungary.
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Manor House and Cottages in Looe, Cornwall, England, UK - Ideal for Relaxing Breaks or Great Family Holidays
Tregoad Park Manor House and Cottages are set in 55 acres of rolling countryside. The Manor House is of Victorian origin and sits in an imposing elevated position with views down the valley to the sea and Looe Island beyond. This property offers well proportioned accommodation as one would expect from a house of this stature and size and as well as seven double bedrooms with either en-suite or wash basins facilities there is a total of four large reception rooms. The Manorhouse is surrounded by generous gardens with outside seating and a barbeque area for alfresco dining. Tregoad Farm Cottages are situated in a traditional farm courtyard and the buildings originally formed milking parlours and stabling for cattle. They are constructed in Cornish granite under slate roofs and are punctuated by granite lintels with red brick and slate window sills. The cottages where sympathetically reconstructed in 2004 using the existing buildings and they now form a total of eight cosy letting units.
Details for holiday Farm Cottage 3 (Sleeps 4, 2 Bedrooms), 2 Bedrooms, Sleeps 4, 5 Bathrooms
Farm Cottage 3 comprises one double bedded room and one twin bedded. It is furnished in warm country pine and provides very comfortable accommodation. The double has TV, radio clock alarm plus a double wardrobe, tall chest of drawers and bedside tables with reading lights. The twin has two single beds with bedside tables plus a chest of drawers. The living area is equipped with two seat sofas, a coffee table, TV and CD radio plus a dining table and 4 chairs. The kitchen is fully equipped with all that you will need including fridge with freezer compartment, microwave, hob and oven, dishwasher, toaster and kettle. Crockery, cutlery and cooking utensils are included.
The cottage has fully controlable heating in all rooms and has smoke detectors fitted for your added safety. The bathroom comprises a bath with shower over plus WC, washbasin and shaver socket. Outside the cottage faces into the farm courtyard with its large central BBQ and outside seating area.
About the Owner
Guestbook comments from the owner
'This is simply the greatest house for a family party, we had a wonderful time' (March 2011)
"The kids loved the indoor pool and we loved the Jacuzzi, The house is very impressive and well equipped" (Summer 2011)
'We have had a wonderful time and everyone is so friendly' (June 2009)
What a wonderful House this is! It is everything we hoped for, Dad had a really wonderful birthday and one I am sure he will never forget Thanks Tregoad. (June 2009)
If you want peace and quiet but plenty for the kids and a great atmosphere this is definitely the place to be. Even in July the house is isolated from the rest of the park but we used all the facilities like the pool, bar and games room. Great holiday (August 2009)
Such a lot to explore and great coastal walks plus plenty of room to celebrate our 40th wedding anniversary with friends and family. We would definitely recommend Tregoad Manorhouse (October 2009)
0 Reviews
Activity and Interests
Special interest holidays:
The Manor House is surrounded by generous gardens and there is plenty of outside seating for up to 18 people. There is also a large barbeque for those alfresco evening. All cottages face into the farm courtyard and have access to a gravelled area with ample seating and a communal barbeque area. The indoor heated swimming pool, Jacuzzi and sun terrace (opening Whitsun 2010) is shared with other guests of the park will be open all year. There is a pub and restaurant on site which is open at weekends in low season and all week in mid and high season.
The property is approximately 1.5 miles from Looe and the beaches. There is good access to Eden and Heligan and we are around 18 miles from Plymouth.
The nearest airport is at Plymouth, approx 18 miles away. Access from all parts of the UK is easy via the M5 to Exeter and the Devon Expressway to Plymouth. We are only 18 miles from Plymouth yet right in the heart of Cornwalls SE coastline and the Rame Peninsula.
The pretty fishing port of Looe with its eclectic mix of shops, cafes and smugglers pubs is within 1.5 miles. Sleepy Polperro is a further 2 miles and access to the major city of Plymouth is only a half hour drive away. Visiting Eden and The lost gardens of Heligan takes around 40 minutes by car.
Further Details:
There is a small shop on site providing all the basic food essentials. In the summer we stock and sell daily newspapers and fresh baked products. The Manor House and all cottages are equipped with WiFi Internet access for an additional charge of £2 per day or £10 per week.
Prices and Availability
Rental rates
- Booking Notes:
Booking terms are based on 20% of the total booking price at time of booking with the balance payable one month before arrival.
Changeover Day:
Changeover day is normally Saturday however this is flexible in low season. Please call or email us for details.
Notes on prices:
Prices are shown week commencing for the property based on a weekly rate in UK pounds. Winter lets are available on some cottages for 4, 5 and 6 month periods, also some properties available for short breaks in winter, spring and Autumn: please call 01503 262718 for details.
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
- Internet
Pool / Spa
- Heated Pool
- Outdoor Pool
- playground
Sports & Adventure Activities
- golf
- swimming
- Bathroom 1 - Toilet, Bath (no shower), Shower Enclosure
- Bathroom 2 - Toilet, Bath (no shower), Shower Enclosure, Bidet
- Shower room 1 - Shower Enclosure
- Shower room 2 - Shower Enclosure
- Shower room 3 - Shower Enclosure
- 2 Bedrooms, Sleeps 4
- Bedroom 1
- Bedroom 2
- Golf ...
Learn more about this holiday rental at the owner's website
- Notes on accommodation: The manor House and Cottages have very effective and controllable heating systems and this cost is include in our prices. Children are welcome in all our accommodation but unfortunately we do not accept pets. Cots and highchairs are available and we would ask you to request these at time of booking. Outside: The Manor house and cottages all have outside seating areas and barbeque facilities. Parking is close by and easily accessed from all accommodation


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