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February 11, 2013
SHANNON SHIMP,PETITIONER,v.DANIEL PARAMO, KAMALA HARRIS,RESPONDENTS.
Petitioner Shannon Shimp, a state prisoner proceeding pro se and in forma pauperis, filed a Petition for Writ of Habeas Corpus on June 21, 2012 [ECF Nos. 1, 5].*fn1 There, Petitioner challenges his convictions for vehicular manslaughter on several bases.*fn2 In ground one, he alleges that he is actually innocent. (Id. at 9.) In ground two, he contends that the trial court erred by failing to instruct the jury on excusable homicide. (Id. at 18.) Petitioner asserts, in ground three, that his manslaughter convictions were obtained as a result of prosecutorial misconduct. (Id. at 30.) The fourth claim for relief is that Shimp's trial counsel was ineffective for failing to raise grounds one, two, and three. (Id. at 37.) In ground five of the Petition, he argues that his appellate counsel was ineffective for failing to raise grounds one, two, three, and four. (Id. at 38.) Finally, the sixth claim is that Shimp was wrongfully sentenced because he had "no prior moving violations of any kind." (Id. at 39.)
On the same day that he filed his Petition, Shimp also filed a "Motion for Stay and Abeyance Filed in Conjunction with Petition for Writ of Habeas Corpus" [ECF No. 3]. There, he asks the Court to stay his federal petition while he exhausts five of the aforementioned claims in state court. (Mot. Stay & Abeyance 1-2, ECF No. 3.)
On June 26, 2012, the Court issued an order setting a briefing schedule for the motion to stay [ECF No. 6]. The Court cautioned that in Petitioner's Motion for Stay, he had "not presented any facts in an attempt to demonstrate good cause for his failure to timely exhaust his state court remedies." (Order Setting Briefing Schedule 3, ECF No. 6.) Shimp was given three weeks, until July 17, 2012, to file supplemental briefing to cure these deficiencies. (Id.) Respondents were also ordered to file any response to the motion by August 7, 2012. (Id.)
Neither Petitioner nor Respondents filed a response. On September 14, 2012, the Court held a status conference for Respondents to address why they failed to address Shimp's Motion for Stay. (Mins., Sept. 14, 2012, ECF No. 9.) As a result of the hearing, the Court extended the deadline for Respondents Paramo and Harris to file a response; Petitioner was also given an extension to file a reply. (Id.)
On September 20, 2012, Respondents filed a "Response to Motion for Stay and Abeyance of Petition for Writ of Habeas Corpus" [ECF No. 10]. There, they argue that Shimp should not be granted a stay under Rhines v. Weber, 544 U.S. 269 (2005), because he has not shown good cause for his failure to raise his unexhausted claims in state court at an earlier time. (Resp. Mot. Stay 4, ECF No. 10.) Paramo and Harris state that Petitioner may, however, be eligible for a stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), overruled on other grounds by Robbins v. Carey, 481 F.3d 1143, 1149 (9th Cir. 2007). Shimp did not file a reply.
The Court finds Petitioner's motion suitable for resolution on the papers. See S.D. Cal. Civ. R. 7.1(d)(1) (providing that motions may be decided without oral argument); Broadnax v. Cate, Civil No. 12cv560 GPC (RBB), 2012 WL 5335289, at *2-3, (S.D. Cal. Oct. 26, 2012) (resolving motion to stay with an order instead of a report and recommendation). Upon review of Shimp's Petition, the lodgments, the Motion for Stay, and Paramo and Harris's Response to Motion, and for the reasons discussed below, Petitioner's "Motion for Stay and Abeyance Filed in Conjunction with Petition for Writ of Habeas Corpus" [ECF No. 3] is DENIED.
Shimp spent the afternoon of July 22, 2008, drinking at a bar in Ramona, California. (Lodgment No. 4, People v. Shimp, No. D056650, slip op. at 2 (Cal. Ct. App. Apr. 26, 2011).) He then proceeded to drive home. (Id.) While driving, he crossed a double-yellow line to pass several cars in front of him, lost control of his vehicle, and struck an oncoming car. (Id.) The driver of that vehicle, Ian Kinney, was killed. (Id.) Kinney's passenger, Tessa Medearis, was injured in the collision but survived. (Id.) Shimp's passenger, Joseph Edwards, was also killed. (Id.) At the time of the incident, Petitioner's blood-alcohol content was more than twice the legal limit. (Id.) Methamphetamine was also found in his system. (Id.)
On September 17, 2009, in the Superior Court of California, County of San Diego, a jury convicted Shimp of two counts of gross vehicular manslaughter while intoxicated; driving under the influence of alcohol and causing injury; and driving with a blood alcohol content of .08 or more and causing injury. (Lodgment No. 8, Clerk's Tr. vol. 1, 149, 151, 153-54, Sept. 17, 2009.) The jury found that Shimp personally inflicted great bodily injury upon Joseph Edwards, Tessa Medearis, and Ian Kinney, and that Petitioner caused death or bodily injury to more than one victim. (Id.) On January 8, 2010, Shimp was sentenced to sixteen years in prison for the vehicular manslaughter of Ian Kinney. (Id. vol. 2, 291, Jan. 8, 2010.) Sentencing was stayed as to the remaining convictions. (Id.)
Petitioner appealed the vehicular manslaughter convictions on July 23, 2010; they were affirmed by Division One of the California Court of Appeal, Fourth Appellate District, on April 26, 2011. (See Lodgment No. 1, Appellant's Opening Brief, People v. Shimp, No. D056650 (Cal. Ct. App. Apr. 26, 2011); Lodgment No. 4, People v. Shimp, No. D056650, slip op. at 1, 7.) On June 6, 2011, he petitioned the California Supreme Court for review. (Lodgment No. 5, Petition for Review, People v. Shimp, No. SD2010700429 (Cal. July 13, 2011).) The California Supreme Court denied the petition without opinion on July 13, 2011. (Lodgment No. 6, People v. Shimp, No. S193717, order at 1 (Cal. July 13, 2011).)
Shimp then filed a Petition for Writ of Habeas Corpus in this Court on June 21, 2012 [ECF No. 1]. Petitioner maintains that he has also filed a state habeas corpus petition, but provides no proof of that filing. (See Pet. 3, ECF No. 1.)
Before a federal court may grant habeas relief on a claim, a petitioner must exhaust all available state judicial remedies. 28 U.S.C.A. § 2254(b)(1)(A) (West 2006); Rhines, 544 U.S. at 273-74 (referring to total exhaustion requirement of Rose v. Lundy, 455 U.S. 509, 522 (1982), abrogated on other grounds by Rhines, 544 U.S. 269). A claim is exhausted only when a petitioner has fairly presented it to the state courts. Duncan v. Henry, 513 U.S. 364, 365 (1995) (citing Picard v. Connor, 404 U.S. 270, 275 (1971)). To meet the fair presentation requirement, the petitioner must "alert the state courts to the fact that he [is] asserting a claim under the United States Constitution." Hiivala v. Wood, 195 F.3d 1098, 1106 (9th Cir. 1999) (citing Duncan, 513 U.S. at 365-66). The petitioner must "provide the state courts with a 'fair opportunity' to apply controlling legal principles to the facts bearing upon his constitutional claim." Anderson v. Harless, 459 U.S. 4, 6 (1982) (citing Picard, 404 U.S. at 276-77). By giving state courts the "'opportunity to pass upon and correct' alleged violations of its prisoners' federal rights," comity is promoted, and disruption of state judicial proceedings is prevented. Duncan, 513 U.S. at 365 (quoting Picard, 404 U.S. at 275); see also Rose, 455 U.S. at 518; Fields v. Waddington, 401 F.3d 1018, 1020 (9th Cir. 2005).
Constitutional claims raised in federal proceedings must be presented to the state courts first. Baldwin v. Reese, 541 U.S. 27, 31-32 (2004). The highest state court must have an opportunity to consider the factual and legal bases of a petitioner's claims before they are presented to the federal court. Weaver v. Thompson, 197 F.3d 359, 364 (9th Cir. 1999) (citing Picard, 404 U.S. at 276; Johnson v. Zenon, 88 F.3d 828, 829 (9th Cir. 1996)); see also Duncan, 513 U.S. at 365; Scott v. Schriro, 567 F.3d 573, 582 (9th Cir. 2009); Davis v. Silva, 511 F.3d 1005, 1008 (9th Cir. 2008). A claim is not exhausted if it is pending before the state's highest court. See Rose, 455 U.S. at 515 ("[A]s a matter of comity, federal courts should not consider a claim in a habeas corpus petition until after the state courts have had an opportunity to act . . . ."); Anderson v. Morrow, 371 F.3d 1027, 1036 (9th Cir. 2004) ("AEDPA's exhaustion requirement entitles a state to pass on a prisoner's federal claims before the federal courts do so."). "It follows, of course, that once the federal claim has been fairly presented to the state courts, the exhaustion requirement is satisfied." Picard, 404 U.S. at 275.
Courts may deny an application for habeas relief on the merits even if the petitioner has not yet exhausted his state judicial remedies. 28 U.S.C.A. § 2254(b)(2). But courts have no authority to grant relief on unexhausted claims. Id. § 2254(b)(1)(A).
A. Whether Shimp's Petition Should be Stayed
In his Motion for Stay, Petitioner states that he has exhausted his instructional error claim, but not his remaining claims. (Mot. Stay & Abeyance 1-2, ECF No. 3.) Accordingly, he requests a stay of his federal habeas corpus petition while he proceeds to exhaust his unexhausted claims in state court. (Id. at 2.) Shimp contends that he has diligently pursued these causes of action and that they are meritorious. (Id.) Moreover, he alleges that he has already filed a state habeas corpus petition in an attempt to exhaust his claims. (Id.)
Respondents argue that Petitioner's request for a stay may be analyzed under the tests described in Rhines and Kelly. (Resp. Mot. Stay 3, ECF No. 10.) Under the Rhines test, Respondents maintain that Shimp is not entitled to a stay because he has not shown good cause for his failure to previously exhaust his claims in state court. (Id. at 4.) Paramo and Harris submit that under Kelly, however, Petitioner may be entitled to a stay. (Id. at 4-5.)
1. Legal standards applicable to Shimp's Motion for Stay
A "mixed" petition contains both exhausted and unexhausted claims. See Rose, 455 U.S. at 510. As noted, Shimp states that his Petition contains exhausted and unexhausted claims. (Mot. Stay & Abeyance 2, ECF No. 3.) Respondents appear to agree. (See Resp. Mot. Stay 3, ECF No. 10 (citing to case law applicable to mixed petitions).) Indeed, the record supports these contentions. While Petitioner's instructional error claim was raised on direct appeal and in his petition for review filed with the California Supreme Court, his actual innocence, prosecutorial misconduct, ineffective assistance of trial counsel, ineffective assistance of appellate counsel, and wrongful sentence claims were not. (See Lodgment No. 1, Appellant's Opening Brief at i, 25, People v. Shimp, No. D056650; Lodgment No. 5, Petition for Review at i, 5, People v. Shimp, No. SD2010700429.)
Mixed petitions may be stayed pursuant to the tests described in either Rhines or Kelly. King v. Ryan, 564 F.3d 1133, 1141 (2009). Petitioner does not articulate under which test he seeks to stay his Petition. (See generally Mot. Stay & Abeyance 1-2, ECF No. 3.) The Court will therefore analyze Shimp's request under both Rhines and Kelly.
2. Whether a stay is appropriate under Rhines
In Rhines, the Supreme Court held that district courts have the discretion to stay a mixed habeas petition and hold it in abeyance to allow a petitioner to present unexhausted claims to state court. Rhines, 544 U.S. at 275. "Once the petitioner exhausts his state remedies, the district court will lift the stay and allow the petitioner to proceed in federal court." Id. at 275-76. "When a petitioner has not exhausted his state remedies before filing a federal habeas petition, a district court may hold the federal petition in abeyance, issue a stay of execution, and allow the petitioner an opportunity to exhaust his state remedies." Neuschafer v. Whitley, 860 F.2d 1470, 1472 n.1 (9th Cir. 1988). Nevertheless, federal courts are not required to "tolerate needless piecemeal litigation, [or] to entertain collateral proceedings whose only purpose is to vex, harass, or delay." Sanders v. United States, 373 U.S. 1, 18 (1963).
The Supreme Court explained in Rhines that any stay and abeyance must be consistent with the provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Rhines, 544 U.S. at 276. AEDPA contains a one-year limitations period; this underscores the statute's goal of reducing delays in the execution of criminal sentences and the "'well-recognized interest in the finality of state court judgments.'" Id. (quoting Duncan v. Walker 533 U.S. 167 (2001)). The Rhines Court explained that, if granted too frequently, a stay and abeyance would undermine AEDPA's purposes. Id. at 277. Consequently, "stay and abeyance should be available only in limited circumstances." Id.
Still, when a petitioner shows good cause for his failure to exhaust, presents potentially meritorious claims, and demonstrates that he has not engaged in dilatory litigation tactics, "it likely would be an abuse of discretion for a district court to deny a stay." Id. at 278. "In such a case, the petitioner's interest in obtaining federal review of his claims outweighs the competing interests in finality and speedy resolution of federal petitions." Id. Rhines underscores the importance of reducing delays in the execution of state criminal sentences. Furthermore, the interest in recognizing the finality of state court judgments is fostered. Id. at 276.
a. Good Cause
Petitioner does not address the issue of good cause in his Motion for Stay, and he did not file a reply to Paramo and Harris's Response. (See generally Mot. Stay & Abeyance 1-2, ECF No. 3.) He does generally assert, however, that he has "diligently pursued his claims and has filed a Petition in California Superior Court on the unexhausted claims." (Id. at 2.)
Respondents argue that Shimp has failed to establish good cause for a stay. (Resp. Mot. Stay 4, ECF No. 10.) To support this contention, they cite the Court's June 27, 2012 Order which states, "'Petitioner has not presented any facts in an attempt to demonstrate good cause for his failure to timely exhaust his state court remedies. Although Petitioner generally maintains that he was diligent in pursuing his state court remedies, he does not allege any facts in support of this contention.'" (Id. (quoting Order Setting Briefing Schedule 3, ECF No. 6).)
Under Rhines, a court must consider whether "there was good cause for the petitioner's failure to exhaust his claims first in state court." Rhines, 544 U.S. at 277. Neither the Supreme Court nor the Ninth Circuit has defined what constitutes "good cause" for failure to exhaust. The Ninth Circuit merely opined that good cause requires something less than a showing of "extraordinary circumstances." Jackson v. Roe, 425 F.3d 654, 661-62 (9th Cir. 2005).
Good cause for not previously exhausting a claim has long been relevant in deciding whether to grant a stay of a habeas petition. Fetterly v. Paskett, 997 F.2d 1295, 1301-02 (9th Cir. 1993) (holding that district court abused its discretion when it denied the petitioner's request for a stay to permit new counsel to raise claims overlooked by prior counsel); see Guillory v. Roe, 329 F.3d 1015, 1018 (9th Cir. 2003) (discussing tolling and stating that "relevant measure of diligence is how quickly a petitioner sought to exhaust the claims dismissed as unexhausted, and how quickly he returned to federal court after doing so[]"). See generally Duncan, 533 U.S. at 181 (noting that AEDPA's clear purpose was to encourage litigants to exhaust claims in state court before bringing federal habeas petition).
The good cause standard was recently analyzed in Wooten v. Kirkland, 540 F.3d 1019 (9th Cir. 2008). There, petitioner's attorney filed a direct appeal in the California Court of Appeal and a petition for review in the California Supreme Court, both of which were denied. Id. at 1022. Although Wooten was "under the impression" that his counsel presented all of his claims at both levels of appeal, one claim was omitted from the state supreme court petition. Id. On federal habeas review, the district court held that the omitted claim was not exhausted. Id. It denied petitioner's motion to stay and hold the case in abeyance while he returned to state court, concluding that Wooten failed to establish good cause for his failure to exhaust. Id. at 1023. The Ninth Circuit upheld the district court's decision, stating the following:
To accept that a petitioner's "impression" that a claim had been included in an appellate brief constitutes "good cause" would render stay-and-abey orders routine. Indeed, if the court was willing to stay mixed petitions based on a petitioner's lack of knowledge that a claim was not exhausted, virtually every habeas petitioner, at least those represented by counsel, could argue that he thought his counsel had raised an unexhausted claim and secure a stay. Such a scheme would run afoul of Rhines and its instruction that district courts should only stay mixed petitions in "limited circumstances."
Id. at 1024 (quoting Rhines, 544 U.S. at 277).
Wooten declined to adopt a "broad interpretation of 'good cause.'" Id. To do so would "allow[] for routine stays of mixed petitions[] [and] would also be undermining the goals of AEDPA."
Id. (holding that good cause was not established when petitioner mistakenly believed that his attorney exhausted all claims); compare Riner v. Crawford, 415 F. Supp. 2d 1207, 1211 (D. Nev. 2006) (finding good cause, pre-Wooten, when a petitioner shows "he was prevented from raising the claim, either by his own ignorance or confusion about the law or the status of his case . . . .").
Here, Shimp does not address whether good cause exists for his failure to previously exhaust his new claims in state court. (See generally Mot. Stay & Abeyance 1-2, ECF No. 3.) While he generally maintains that he has "diligently pursued his claims and has filed a Petition in California Superior Court on the unexhausted claims[,]" he does not explain how he acted diligently. (See id. at 2.) Absent any explanation from Shimp, the Court cannot conclude that he has shown good cause for his failure to exhaust. See Velasquez v. Virga, No. 1:12--cv--01326 AWI MJS HC, 2012 WL 4210453, at *2 (E.D. Cal. Sept. 18, 2012) ("Petitioner provides no excuse or reasoning for not presenting the claims to the California Supreme Court. This Court is bound to find that he has not shown good cause for a stay under Rhines."); Peregrina v. Knipp, No. 1:11--cv--02139 MJS HC, 2012 WL 3879935, at *2 (E.D. Cal. Sept. 6, 2012) ("Inasmuch as Petitioner provides no explanation for why he did not present the claim to the California Supreme Court, this Court is bound to find that he has not shown good cause for a stay under Rhines."). Further, Shimp provides no evidence showing that he actually filed a state habeas corpus petition. (See generally Mot. Stay & Abeyance 1-2, ECF No. 3.)
Moreover, the Court infers from Petitioner's conduct that he has abandoned any attempt to seek a stay under Rhines. Shimp was warned in the Court's June 26, 2012 Order that he had failed to establish good cause to stay his Petition. (Order Setting Briefing Schedule 3, ECF No. 6 ("Nonetheless, Petitioner has not presented any facts in an attempt to demonstrate good cause for his failure to timely exhaust his state court remedies.").) Sua sponte, the Court gave Petitioner an opportunity to file additional briefing to establish good cause. (Id.) Shimp chose not to supplement his motion.
Because Petitioner has failed to show good cause for his failure to exhaust, the Court need not consider whether his arguments are plainly meritless or whether he engaged in intentionally dilatory litigation tactics. Wooten, 540 F.3d at 1023 ("[T]he district court did not abuse its discretion in concluding that Wooten did not have 'good cause' for failing to exhaust his cumulative error claim. As a result, we need not reach the other two factors in the Rhines test."). Thus, to the extent Shimp seeks a stay under Rhines, his "Motion for Stay and Abeyance Filed in Conjunction with Petition for Writ of Habeas Corpus" [ECF No. 3] is DENIED.
3. Whether a stay is appropriate under Kelly
Alternatively, a mixed petition may be stayed pursuant to the three-step approach outlined in Kelly v. Small, 315 F.3d 1063. Under this method, a petitioner must first amend his petition to remove any unexhausted claims. King, 564 F.3d at 1135 (citing Kelly, 315 F.3d at 1070-71). Next, "the court stays and holds in abeyance the amended, fully exhausted petition, allowing the petitioner the opportunity to proceed to state court to exhaust the deleted claims . . . ." (Id.) After they are exhausted, the petitioner amends the original petition to include the newly-exhausted claims. (Id.) A Kelly stay is appropriate when an outright dismissal of the entire petition will make it difficult for the petitioner to return to federal court and raise any claims within AEDPA's one-year statute of limitations. King, 564 F.3d at 1141.
"A petitioner seeking to use the Kelly procedure will be able to amend his unexhausted claims back into his federal petition once he has exhausted them only if those claims are determined to be timely. And demonstrating timeliness will often be problematic under the now-applicable legal principles." Id. at 1140-41. A petitioner proceeding under Kelly must therefore amend his petition to re-allege his deleted claims within AEDPA's one-year statute of limitations. Solorzano v. Small, No. 1:08-cv-01949 MJS HC, 2012 WL 1076099, at *3 (E.D. Cal. Mar. 29, 2012); Rodriguez v. Small, No. 1:09-cv-00424 YNP [DLB] (HC), 2009 WL 3763531, at *1 (E.D. Cal. Nov. 9, 2009); Faulkner v. Mule Creek State Prison, No. 1:08-cv-00806 YNP DLB (HC), 2009 WL 1844329, at *2 (E.D. Cal. June 26, 2009).
a. Statute of limitations
Shimp does not request a Kelly stay, nor does he request to amend his Petition to withdraw his unexhausted claims. (See generally Mot. Stay & Abeyance 1-2, ECF No. 3.) Rather, Respondents raise the issue in their September 20, 2012 Response to Motion. (See Resp. Mot. Stay 4, ECF No. 10.) There, Paramo and Harris maintain that Petitioner must amend his petition before the expiration of the statute of limitations. (Id.)
Respondents state that the California Supreme Court denied Shimp's petition for review on July 13, 2011. (Id.) "Adding ninety days for certiorari, . . . the date of finality is October 11, 2011. Shimp has one year from that date, that is until October 11, 2012, in which to amend his fully exhausted claims back into his federal petition." (Id. at 4-5.) Respondents contend that although Petitioner alleges that he filed a writ of habeas corpus in state court prior to that date, they were unable to locate that petition. (Id. at 5 n.1.)*fn3
A petitioner seeking to use the Kelly procedure and amend his petition must demonstrate that the unexhausted claims are timely. King, 564 F.3d at 1140-41. Shimp's Petition is subject to the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 because it was filed after April 24, 1996. 28 U.S.C.A. § 2244 (West 2006); Woodford v. Garceau, 538 U.S. 202, 204 (2003) (citing Lindh v. Murphy, 521 U.S. 320, 326 (1997)). All federal habeas petitions are subject to AEDPA's one-year statute of limitations. As amended, § 2244(d) provides:
(1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of --
(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;
(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action;
(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
28 U.S.C.A. § 2244(d)(1) (West 2006).
On April 26, 2011, the California Court of Appeal issued its opinion on Petitioner's direct appeal from the judgment of conviction. (Lodgment No. 4, People v. Shimp, No. D056650, slip op. at 1.) The court affirmed the superior court's judgment. (Id. at 1, 7.) Shimp filed a petition for review, which the California Supreme Court denied on July 13, 2011. (Lodgment No. 5, Petition for Review, People v. Shimp, No. SD2010700429; Lodgment No. 6, People v. Shimp, No. S193717, order at 1.) He did not file a petition for a writ of certiorari with the United States Supreme Court.
United States Supreme Court Rule 13 provides that a petition for certiorari must be filed within ninety days of the entry of an order denying discretionary review by the state supreme court. See S. Ct. R. 13. When a habeas petitioner seeks discretionary review by the state's highest court but does not file a petition with the United States Supreme Court, the judgment becomes final when the prisoner's time to petition the Supreme Court expires. See Gonzalez v. Thaler, __ U.S. __, __, 132 S. Ct. 641, 653-54 (2012).
Shimp's judgment became final for the purposes of AEDPA on October 11, 2011, ninety days after the California Supreme Court denied his petition for review. See id.; see also S. Ct. R. 13. Pursuant to § 2244(d), the statute of limitations for federal habeas corpus began to run on October 12, 2011, the day after the judgment became final. 28 U.S.C.A. § 2244(d)(1)(A); see Corjasso v. Ayers, 278 F.3d 874, 877 (9th Cir. 2002) (explaining that the one-year statute of limitations under AEDPA begins to run the day after the conviction becomes final). The statute of limitations period would therefore have expired on October 11, 2012. See Patterson v. Stewart, 251 F.3d 1243, 1245-46 (9th Cir. 2001) (quoting Fed. R. Civ. P. 6(a)) ("In computing any period of time prescribed or allowed . . . by any applicable statute, the day of the act, event, or default from which the designated period of time runs shall not be included.") Thus, at the time Shimp filed his federal petition and motion to stay on June 21, 2012, AEDPA's one-year statute of limitations had not expired.
Even so, Petitioner did not complete any of the steps required by Kelly prior to the expiration of AEDPA's one-year statute of limitations. See Solorzano, 2012 WL 1076099, at *3 (noting that a petitioner must withdraw his unexhausted claims from his federal petition, exhaust them in state court, and amend them back into his federal petition prior to the expiration of the statute of limitations); Rodriguez, 2009 WL 3763531, at *1 (same); Faulkner, 2009 WL 1844329, at *2 (same). Shimp made no attempt to withdraw his unexhausted claims from his Petition prior to October 11, 2012. Even assuming the Court would have allowed Petitioner to amend his Petition prior to October 11, 2012, Shimp provides no evidence that his new claims were fully exhausted by that date. Finally, he did not attempt to amend his petition to re-allege any newly-exhausted claims. Accordingly, Petitioner has failed to meet the timeliness requirement under Kelly.
A federal petition for writ of habeas corpus may be dismissed with prejudice when it was not filed within AEDPA's one-year statute of limitations. Jiminez v. Rice, 276 F.3d 478, 483 (9th Cir. 2001). The statute of limitations is a threshold issue that must be resolved before the merits of individual claims. White v. Klitzkie, 281 F.3d 920, 921-22 (9th Cir. 2002). Shimp has not satisfied the test for a stay under Kelly; nevertheless, a stay may be available, if he can show he is eligible for statutory or equitable tolling or that an amended petition that includes his newly exhausted claims will relate back to his original claim for habeas relief.
i. Statutory tolling
Neither Petitioner nor Respondents address whether statutory tolling applies. As discussed, however, Shimp does state that after his petition for review was denied by the California Supreme Court on July 13, 2011, he subsequently filed a state habeas corpus petition to exhaust his unexhausted claims. (Mot. Stay & Abeyance 2, ECF No. 3.) That petition, if it exists, may provide a basis for statutory tolling.
The statute of limitations under AEDPA is tolled during periods in which a "properly filed" habeas corpus petition is "pending" in the state court. 28 U.S.C.A. § 2244(d)(2). The statute specifically provides, "The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection." Id.; see also Pace v. DiGuglielmo, 544 U.S. 408, 410 (2005). "[A]n application is 'properly filed' when its delivery and acceptance are in compliance with the applicable laws and rules governing filings." Artuz v. Bennett, 531 U.S. 4, 8 (2000) (explaining that typical filing requirements include all relevant time limits).
The interval between the disposition of one state petition and the filing of another may be tolled under "interval tolling." Carey v. Saffold, 536 U.S. 214, 223 (2002). "[T]he AEDPA statute of limitations is tolled for 'all of the time during which a state prisoner is attempting, through proper use of state court procedures, to exhaust state court remedies with regard to a particular post-conviction application.'" Nino v. Galaza, 183 F.3d 1003, 1006 (9th Cir. 1999) (quoting Barnett v. Lamaster, 167 F.3d 1321, 1323 (10th Cir. 1999)); see also Carey, 536 U.S. at 219-22. The statute of limitations is tolled from the time the first state habeas petition is filed until state collateral review is concluded, but it is not tolled before the first state collateral challenge is filed. Thorson v. Palmer, 479 F.3d 643, 646 (9th Cir. 2007) (citing Nino, 183 F.3d at 1006).
Here, while Shimp claims to have filed a state habeas corpus petition, he has not provided the Court with any evidence supporting this assertion. (See Pet. 3, ECF No. 1; see also Mot. Stay & Abeyance 1-2, ECF No. 3.) In the seven months since his Petition and Motion for Stay were simultaneously filed, Petitioner has failed to provide this Court with a case number, a copy of the state court filing, an identification of the county in which it was filed, or a filing date. Since filing his federal petition, Shimp has had ample time to supplement his motion, but he has chosen not to do so. Absent any evidence of post-conviction or other collateral review, Petitioner is not entitled to statutory tolling. See Allen v. Paramo, No. 1:12--CV--01235 AWI GSA HC, 2012 WL 6516767, at *3 (E.D. Cal. Dec. 13, 2012); Williams v. Allison, No. ED CV 12--0036 GHK (FMO), 2012 WL 3779094, at *4 (C.D. Cal. July 30, 2012); Vigil v. Gipson, No. CV 11--10360 RGK (JCG), 2012 WL 1163633, at *3 (C.D. Cal. Mar. 13, 2012). Shimp has failed to meet his burden of proving that a properly filed state habeas corpus petition tolled AEDPA's one-year statute of limitations. See Banjo v. Ayers, 614 F.3d 964, 967 (9th Cir. 2010) (citing Smith v. Duncan, 297 F.3d 809, 814 (9th Cir. 2002)) (holding that a petitioner has the burden of demonstrating that the limitations period was sufficiently tolled).
ii. Equitable tolling
Neither the Petitioner nor the Respondents address whether equitable tolling applies. Equitable tolling of the statute of limitations is appropriate when the petitioner can show "'(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way.'" Holland v. Florida, 560 U.S. __, __, 130 S. Ct. 2549, 2562 (2010) (quoting Pace, 544 U.S. at 418); see also Lawrence v. Florida, 549 U.S. 327, 335 (2007). The petitioner bears the burden of establishing the elements. Roberts v. Marshall, 627 F.3d 768, 771 (9th Cir. 2010). A petitioner is entitled to equitable tolling of AEDPA's statute of limitations where "'extraordinary circumstances beyond a prisoner's control make it impossible'" to file a timely petition. Spitsyn v. Moore, 345 F.3d 796, 799 (9th Cir. 2003) (quoting Brambles v. Duncan, 330 F.3d 1197, 1202 (9th Cir. 2003)).
"'[T]he threshold necessary to trigger equitable tolling [under AEDPA] is very high, lest the exceptions swallow the rule.'" Miranda v. Castro, 292 F.3d 1063, 1066 (9th Cir. 2002) (quoting United States v. Marcello, 212 F.3d 1005, 1010 (7th Cir. 2000)). The failure to file a timely petition must be the result of external forces, not the result of the petitioner's lack of diligence. Miles v. Prunty, 187 F.3d 1104, 1107 (9th Cir. 1999). "Determining whether equitable tolling is warranted is a 'fact-specific inquiry.'" Spitsyn, 345 F.3d at 799 (quoting Frye v. Hickman, 273 F.3d 1144, 1146 (9th Cir. 2001)). If a petitioner makes a "'good-faith allegation that would, if true, entitle him to equitable tolling[,]'" the petitioner should receive an evidentiary hearing. Roy v. Lampert, 465 F.3d 964, 969 (9th Cir. 2006) (alteration in original) (quoting Laws v. LaMarque, 351 F.3d 919, 921 (9th Cir. 2003)).
Shimp does not allege that he is entitled to equitable tolling. (See generally Mot. Stay & Abeyance 1-2, ECF No. 3.) He claims to have filed a state habeas corpus petition, but Petitioner provides no proof that he filed the petition. (See generally id.) Thus, there is no indication that he has pursued his actual innocence, prosecutorial misconduct, ineffective assistance of trial counsel, ineffective assistance of appellate counsel, or wrongful sentencing claims in state court, whether diligently or otherwise. Further, except for the ineffective assistance of appellate counsel claim, Shimp's other claims could have been raised on direct appeal and prior to filing his federal Petition for Writ of Habeas Corpus. See Holland, 560 U.S. at __, 130 S. Ct. at 2562; (see also Lodgment No. 1, Appellant's Opening Brief at i, People v. Shimp, No. D056650; Lodgment No. 5, Petition for Review at i, People v. Shimp, No. SD2010700429.) Petitioner would not be expected to question his appellate attorney's actions while he was represented, but Shimp provides no evidence that he filed a state habeas corpus petition after the California Supreme Court denied his petition for review. See Doe v. Busby, 661 F.3d 1001, 1012-15 (9th Cir. 2010) (discussing equitable tolling and what is reasonable diligence when faced with egregious attorney misconduct). Accordingly, Petitioner has not demonstrated that he was reasonably diligent in pursuing these claims or that extraordinary circumstances "stood in his way." See Holland, 560 U.S. at __, 130 S. Ct. at 2562.
b. Relation back
Neither party addresses whether Shimp's new claims relate back to his exhausted claim of instructional error.
The Federal Rules of Civil Procedure apply to federal habeas cases through Federal Rule of Civil Procedure 81(a)(4), 28 U.S.C. § 2242, and Habeas Corpus Rule 12. See 28 U.S.C.A. § 2242 (West 2012); Rules Governing § 2254 Cases, Rule 12, 28 U.S.C. foll. § 2254; Fed. R. Civ. P. 81(a)(4). "Amendments made after the statute of limitations has run relate back to the date of the original pleading if the original and amended pleadings '[arise] out of the conduct, transaction, or occurrence." Mayle v. Felix, 545 U.S. 644, 655 (2005) (citing Fed. R. Civ. P. 15(c)(2)). The applicable test is whether the claim arises out of a "common 'core of operative facts' uniting the original and newly asserted claims." Id. at 659 (citations omitted).
A claim does not arise out of a common core of operative facts when the claim is "'supported by facts that differ in both time and type from those the original pleading set forth.'" Schneider v. McDaniel, 674 F.3d 1144, 1150 (9th Cir. 2012) (citing Mayle, 545 U.S. at 650). "If the newly exhausted claim is not timely under the AEDPA or the relation-back doctrine does not apply, it may not be added to the existing petition and a stay is inappropriate." Garcia v. Evans, No. 1:08-cv-1819 AWI DLB HC, 2012 U.S. Dist. LEXIS 3620, at *5-6 (E.D. Cal. Jan. 6, 2012).
In his motion, Petitioner does not address whether his unexhausted claims "relate back" to his sole exhausted claim of instructional error. (See generally Mot. Stay & Abeyance 1-2, ECF No. 3.) "As the moving party, Petitioner bears the burden of presenting or demonstrating these other claims 'relate back.'" Zaragoza v. Martel, No. 09cv01598--DMS (WMc), 2011 WL 1486528, at *3 (S.D. Cal. Jan. 31, 2011) (citing King, 564 F.3d at 1135-43); see also Henry v. Cate, NO. CIV. 10-2398-JLS WVG, 2011 WL 7461905, *2 (S.D. Cal. Aug. 22, 2011) (holding that petitioner bears the burden of proving relation back); Olivera v. Scribber, No. CV F 04-5217 OWW WMW HC, 2008 WL 828748, at *7 (E.D. Cal. Mar. 27, 2008) (same). Absent any showing that his new claims are related to his instructional error claim, Shimp fails to meet the threshold for invoking the relation-back doctrine. See Zaragoza v. Martel, 2011 WL 1486528, at *3. Thus, to the extent Petitioner seeks to stay his Petition under Kelly, his "Motion for Stay and Abeyance Filed in Conjunction with Petition for Writ of Habeas Corpus" [ECF No. 3] is DENIED.
Shimp's Petition is a mixed petition, and therefore it may be stayed under either Rhines or Kelly. Petitioner has failed to establish good cause for his failure to present the unexhausted claims to the California Supreme Court, pursuant to Rhines. Additionally, AEDPA's statute of limitations has expired, and Shimp has not sufficiently demonstrated that he is entitled to statutory or equitable tolling, or that the relation-back doctrine applies to his new claims. As a result, he is not entitled to a stay under Kelly. Petitioner's "Motion for Stay and Abeyance Filed in Conjunction with petition for Writ of Habeas Corpus" [ECF No. 3] is DENIED.
Judge Battaglia
All parties of record
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What Is the Difference Between a Safety Inspection and a Safety Audit?
A safety inspection involves a thorough and systematic examination of the physical conditions and workplace practices of an organization. This will include and examination of all equipment to determine whether safeguards are operating and to identify any potential hazards. The inspector will also observe workplace practices to ascertain whether any unsafe procedures are being carried out. The goal of safety inspection is to identify hazards in order to eliminate, guard or protect against them.
A safety audit is carried out in order to gauge the effectiveness of an organization's safety inspections processes. It will also analyze the effectiveness of training plans and systems within the organization. Whereas a safety inspection is carried out by someone familiar with the workplace, a safety audit is done by someone external to the organization.
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4 Bedrooms Detached House for sale
Low Road, Thornhill Edge, Near Wakefield, West Yorkshire
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£160,250 Guide Price
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Fan theories can be a bit outrageous. They can also be true.... READ ON
Repetitive or so-called antanaclastic sentences and tongue twisters like these are by no means unique to English—here are a few in other languages that you might want to try.... READ ON
Before you binge on Netflix's 'Luke Cage,' check out these five facts about Marvel's resident Hero for Hire. ... READ ON
The food-and-games franchise once let players take a ride in an electric chair. ... READ ON
New this month: an actor who refused his Oscar, an original documentary, and the return of the creepiest show on TV.... READ ON
The Folgers family was name-dropped in "Moby-Dick."... READ ON
On any given day, aquarium employees might be asked to swim with sharks, train sea lions, or poke a gassy sea horse.... READ ON
The 2001 college series had a "no Napster jokes" policy.... READ ON
Some of these stones are so incredibly rare their value outstrips many of the world's most valuable precious gems.... READ ON
Taco Bell is named for its founder, Glen Bell.


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Video: ISIL Kills Scores in Attacks Across Iraq
From Al Jazeera. Any opinions expressed are those of the authors, and do not necessarily reflect the views of Iraq Business News.
Roadside bombs near Iraq's capital kill at least 70 while military comes under assault in Abu Ghraib and near Fallujah.
Rob Matheson reports:
Source: Iraq-BusinessNews.com.


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Check Out the new Remax App
Ask About This Home
If you thought you've seen the most stunning newly constructed contemporary masterpiece, think again. Completed in 2014, this spectacular residence is made of 100% steel and concrete - all non-combustible. Located in a picturesque area of Santa Barbara with views of the mountains, canyons and park and adjacent to Montecito. This 'work of art' is approximately 3800 square feet that includes a 1200+- art studio on the lower level which can easily be converted into another bedroom, a game room, fitness room or another use to adapt to your lifestyle.Features include 12" thick concrete walls, light weight concrete floors, custom engineered suspended stainless steel stairs with frosted glass treads and tempered glass guards, Spanish made Porcelanosa bathroom tile with Hans Grohe hardware, wall hung toilets with concealed tank by Duravit, stainless steel kitchen island and Italian Pental quartz countertop, Bosch Induction cooktop and dishwasher, Exectrolux Icon French door refrigera


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Recently I've been reading a lot of ink (er, liquid crystal?) on how Google is..
Yesterday Larry Page gave the commencement address at the University of Michigan. Larry and I..
Hint: it's not Bernie Madoff. I saw a press release today from ClickForensics proclaiming their..
The intertubes have been full of debate about this article from The Times. The gist..
What's up with this map from Google Analytics?


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Smoke SignalsHD Closed Captioning
Chris Eyre
Open iTunes to preview, buy, and download this movie.
About the Movie
Though Victor (Adam Beach, Flags of Our Fathers) and Thomas have lived their entire young lives in the same tiny town, they couldn't have less in common. But when Victor is urgently called away, it's Thomas who comes up with the money to pay for his trip. There's just one thing Victor has to do: take Thomas along for the ride! You're in for a rare and entertaining comic treat as this most unlikely pair leave home on what becomes an unexpected unforgettable adventure of friendship and discovery.
Customer Reviews
Chris Eyre
Great movie.... iTunes needs to get more Native movies.... Hope they get '' Dance Me Outside ''.
Yes iTunes do need to add more Native American movies PowWow Highway,Skins,Dance me outside,ect.
Great movie
Love this movie n I agree please get more Native movies, Dance Me Outside...Powwow Highway, Crazy Horse, etc.
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- $7.99
- Genre: Comedy
- Released: 1998


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|Property type
Your booking will be backed by our Book with Confidence Guarantee when you complete your reservation online and finalise payment on HomeAway.Learn more
Welcome to Bubbling Brook Cottages, an intimate part of the beauty and charm of PEI. We are located in the Cavendish Beach Resort Area. This area has P.E.I.'s beach playground and some of the most popular tourist attractions such as Avonlea village. It also has excellent amenities. From here it only take you 5 minutes to drive to Cavendish, 5 minutes to North Rustico, 10 minutes to New Glasgow, 20 minutes to Charlottetown, and 30 minutes to Summerside.
We supply:
• Daily Beach Passes for each cottage (good for 1 vehicle)
• Propane for the BBQ
• 2 acres of lawns ideal for having a game of ball or soccer
• Wireless Internet Connection available
• Satellite TV
Each cottage has the following common features:
• Stove & Fridge
• Microwave, coffee maker, toaster, kettle, rice cooker, dishes, cookware ect.
• All bedding, linens and towels are provided. But towels will not be provided.
• All cottages have bath tubs except the whole year run house.
• All cottages have propane BBQ on the deck of each cottage
We are Chinese immigrants from Taiwan and China. I met my husband in PEI and we got married on the island. Bubbling Brook Cottages is not just a business to us but it is our home too. As we have no kids and we have no other family members in Canada, we hope that all Bubbling Brook Cottages' guests are our family here. Our home is your home in PEI.
Wendy Tsai purchased this cottage in 2013
Bubbling Brook Cottages locate at a quiet, safe, but central location between Cavendish, North Rustico and New Glasgow. And it only take you 20-30 minutes to Charlottetown or Summerside. All the cottages/house have great sizes for families. At the Bubbling Brook Cottages, people can easily see the beauty of PEI
All the cottages have great sizes for families and they are all bright with awesome rural view
Wendy was terrific; making sure we found her location safely. The rustic cottage was much larger than anticipated. Well equipped and clean in a very quiet and secluded location. Wi-if and Sat tv worked very well.
Wendy, the owner was so welcoming. She and her husband brought little treats to us when we arrived and when we were leaving. Cabin was rustic with all the amenities we needed. Bedroom was small but living area large. You do need a car to get around nothing is walking distance. We had a wonderful and relaxing vacation.
I just came back from a week-long stay here with my husband. Wendy, the owner, was fantastic. She brought us an extra blanket on the first night because it was cold, and gave us little treats. A real sweetheart. The cottage was a good enough size for the two of us. The ad says "sleeps 4," but that's about all you could do with 4 people. As it was, I had to leave my suitcase in the living room because there was no room for it in the bedroom. The kitchen, bathroom and living room area were all a nice size. There was a lovely deck outside with a table and chairs, but we couldn't sit outside most days due to the amount of mosquitoes. We weren't forewarned so we didn't bring any repellent, but it's a MUST. The location is very nice, but a car is a requirement. Very close to Cavendish Beach/resort area (a few minutes' drive) and North Rustico, and about 30 mins away in opposite directions from Summerside and Charlottetown. We were so grateful that the weeklong stay INCLUDED the park pass to be able to go to the beach every day. All in all, it was a cute cottage in a very good location.
Our location is the center to Cavendish, New Glasgow, and North Rustico which is called Green Gables Shore.
Over the last century, millions of readers from all over the world have come to know and love Anne of Green Gables™, and Prince Edward Island is where devotees come to celebrate her. Those who love the books or the TV miniseries make their way to Green Gables Shore in pilgrimage-like fashion to visit the many sites that pay tribute to their favourite red-haired heroine and her creator, Lucy Maud Montgomery.
Golfers have a hard decision to make since Green Gables Shore has more than 11 courses located just minutes apart. For family fun, spending time in Cavendish is a must-do. There are amusement parks, mini golf, water slides and restaurants that cater to all ages and tastes.
In North Rustico, adventure seekers can choose from kayaking, canoeing or deep-sea fishing. Give in to the lure of the sea and head out onto the ocean for a fresh perspective of the stunning coastline.
Back on land, couples and families can take a trip down memory lane at the local drive-in theatre. Or, for a unique way to get those romantic sparks flying, you can treat your partner to a dance lesson inside a completely refurbished pig barn in Wheatley River. The owners are former amateur champions and don't mind a bit if you have two left feet.
To awaken your spiritual side, be sure to take in The Indian River Festival Fine Music Series. It takes place at St. Mary's Church, the largest wooden church on PEI, and its incredible acoustics make attending a concert here a truly heavenly experience.
Before you leave from PEI, never forget to enjoy the most famous Lobster Supper in New Glasgow.
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Event Price
2016 Maple Fall
6 Sep 2016 - 10 Oct 2017
1 night minimum stay
for 1 night
|Pet Fee
|£30 + Tax
|Tax Rate
Please don't input the above civic address (427 Toronto) into your GPS or your cell phone as it will direct you to the other Toronto Rd. in PEI, which is totally different direction from our cottages. Please input N46° 26.886 W-063° 22.644 into your GPS. Besides, we provide a free National Park Pass for your stay which is good for 1 car. We are only 5 minutes away by driving to Cavendish beach.


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FA Cup Fixtures
Mon 5 Dec
Tue 13 Dec
- FC Halifax Town V Eastleigh
- Fleetwood Town V Shrewsbury Town
- Milton Keynes Dons V Charlton Athletic
- Newport County V Plymouth Argyle
- Oxford United V Macclesfield Town
- Peterborough United V Notts County
- Stourbridge V Northampton Town
Please note: All times UK. Fixtures are subject to change. The BBC is not responsible for any changes that may be made.


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The government has millions of public connections through social networks that grow daily with each agency's new Facebook friend or Twitter follower. Yet although social media has been around for more than a decade, agencies are only now able to turn those services into an effective listening, sharing and communication tool.
Nearly every agency has embraced at least one of the 60 federally approved platforms, and many have joined several. But social government is about more than connectedness, and agencies are increasingly turning to analytics to glean meaningful insights, improve their social media outreach and monitor the effectiveness of their platforms.
To do that, they are using policies developed in the public sector, led by the General Services Administration, and new tools provided by private firms.
"Social media analytics [is] a trend that is gaining traction right now," said Lauren Keates, a social intelligence analyst at Topsy Labs, a company that bills itself as having the only full-scale index of the public social web. "Some agencies have been using it for a little while, but there have been a lot of efforts to pick up and gain momentum over the past year."
The company runs complex big-data analytics against millions of websites and hundreds of billions of tweets — it has stored every tweet since July 2010 — to create an amalgamation of insights that helps federal agencies improve their social media outreach.
Topsy, one of several social media analytics tools, provides easy access to data about the effectivemess of an agency's efforts on networks such as Facebook and Twitter. (Click here for larger image)
Keates was unable to talk explicitly about all the company's federal efforts, but she offered a few examples of how agencies can put those insights to use.
Deciphering the customer experience is one of the most important benefits of social media interaction, said Justin Herman, new media manager at GSA's Center for Excellence in Digital Government.
"Measuring customer experience and satisfaction through social data includes sentiment analysis, which allows agencies to understand the effectiveness of programs through feedback and response," Herman said. He added that agencies gathering this kind of data must adhere to the requirements of the Privacy Act of 1974, which regulates the collection and reporting of personally identifiable information.
"This data can be used to enhance programs and customer service on the spot," Herman said.
GSA leads the way in helping structure how federal agencies measure the effectiveness of their social media campaigns and is currently one of 12 agencies in the governmentwide Social Media Community of Practice, which is developing performance metrics under the Digital Analytics Program that supports President Barack Obama's Digital Government Strategy.
"The focus is on applying the right tools and the right strategies with the right data analysis to improve services," Herman said. "Collaboration and standardization across government are enabling agencies to learn from each other and develop shared solutions to achieve common objectives."
Herman said social government is not only here to stay, it's going to continue evolving "to further enhance citizen services and lower costs" long into the future, and it will be up to agencies to stay ahead of the curve.
"Even after the term 'social media' itself becomes outdated, the potential of social data to help us better understand trends, influencers, emerging situations, and customer experience will continue evolving as new technologies and capabilities become available," Herman said.
About the Author
Frank Konkel is a former staff writer for FCW.
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Nominations are now being accepted for the 2017 Federal 100 Awards.
Submit yours today!
The president-elect has selected another retired Marine general for his cabinet -- John F. Kelly to head the Department of Homeland Security.
The Congressional Budget Office estimates that implementation of the Modernizing Government Technology Act will cost $9 billion over five years.
The software whiz behind Pixar's movies Rob Cook surprised even himself by coming out of a "failed retirement" to take a top technology job at the General Services Administration.
FCW profiles 30 women and men who are doing great things in federal IT -- and who are poised to be the leaders of tomorrow.
The intelligence agency is shifting its collection of declassified documents from an offline National Archives workstation to the public-facing CIA.gov website.
Help us identify the outstanding women and men in federal IT.
OhMyGov is not the cutting edge. There's free apps that do better, and cost is a prohibitive factor for agencies.
You guys should have talked to the ohmygov people. They are on the cutting edge and already doing advanced media analytics for gov agencies. Federal consulting group too.
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Phone: (289) 320-8250
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Fort Erie, Ontario, L2A 1H7
To view our complete product offer in your area, we suggest you select this RONA.
At anytime you can select another RONA store or a RONA L'Entrepôt/ Home & Garden. The product selection listed will match the selected store.
"End-All" Indoor Plant InsecticideIndoor use liquid insecticide that kills all stages of the insects. Kills aphids, scale, mealybugs, caterpillars, beetles, whitefly, spider mites and other insects. Ready to use. 1 L.


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Score +61
Deal DetailsPromoted 02-16-2016 by Discombobulated at 04:29 AM View Original Post
Note, Target REDcard Members may save an additional 5% off when they use their card [More Info].
- Click this link here
- Click this link here to clip/add the 10% Off Television (All Brands/Models) offer to your account
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Editor's Notes & Price Research
Offer valid in-stores only through February 20, 2016. Limit no more than one manufacturer coupon, one Target coupon and one Cartwheel offer can be combined per item. Limit 1 Cartwheel bar code per transaction and 6 Cartwheel bar code transaction per day. Cartwheel cannot be applied with price match. Availablity on selection may vary depending on location/region - Discombobulated
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For those to whom this wasn't obvious at all: THE COLLEGE COMPLETION COUPON IS ONLINE ONLY AND WILL NOT WORK IN STORE!!!
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Sign up for a Slickdeals account to remove this ad.
Now I'm looking at this TV deal, and I actually read the fine print. It does say that electronics are excluded.
So... if someone gets this deal to work, please post. I guess I'll try myself and let you all know later in the day.
Edit: NEVERMIND!!! I just read the coupon again. I missed the word "online" exclusion of electronics. So, I guess it should work. I'll try.
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Provo River Winter Flyfishing Wasatch Mountains Heber Utah
The beautiful winter landscape around the Provo River in the Wasatch Mountains near Heber, Utah, provides a scenic but cold area for this man flyfishing.
A man stands in the icy cold waters of the Provo River in the Wasatch Mountains near Heber, Utah in...
Iniakuk Lake Lodge Fly Fishing Brooks Range Alaska
While staying at the lodge in the wilderness of Brooks Range in Alaska, USA, visitors can enjoy the tranquility while fly fishing from the shores of Iniakuk Lake.
The Iniakuk Lake Lodge in Brooks Range, Alaska is a location which is only reachable by floatplane...
Tangle Lakes Autumn Fly Fishing Denali Highway Alaska
A man fly fishing in Tangle Lakes along the Denali Highway in Alaska, USA is surrounded by Autumn hues and beautiful scenery.
A beautiful lighting reflects off the calm surface of Tangle Lakes along the Denali Highway in...
Fly Fishing Groups Chugach National Forest Alaska
Groups of people fly fishing in the Kenai and Russian Rivers in the Chugach National Forest in Alaska, USA stand shoulder to shoulder in the water.
The Kenai and Russian Rivers meet in this particular spot in the Chugach National Forest and groups...


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Moving Assembly Lines = "Lean?"
Airbus cuts costs by learning from auto industry – MarketWatch
Here's an article that talks about Airbus and their lean efforts.
The moving production line, which Airbus calls "lean manufacturing," breaks with previous civil aviation industry practice whereby aircraft were built in "docks."
I'm curious if this is the only "lean" method they have adopted? It's possible that Airbus has made improvements, but a moving line isn't necessarily "lean."
That said, Airbus credits lean (or the moving line) with a number of measurable improvements. It's the improvement that matters.
"The system allows us to reduce production costs and optimize our workflow, and requires less inventory," Hans-Henrich Altfeld, head of Airbus A320 family fuselage production center, told a group of journalists.
Altfeld said the new production technique has reduced the time necessary to manufacture a fuselage section by 40% to around five days, thanks to a system where the sections move sideways through the plant on rails at a speed of one meter an hour.
Quality has improved, and there's now less waste, Airbus officials said, and the company now has much greater flexibility to adjust production to its order book.
… the cost reduction compared to previous manufacturing techniques is about 30%.
Does anyone have better insights to share on Airbus and lean?
Thanks for reading! I'd love to hear your thoughts. Please scroll down to post a comment. Click here to receive posts via email.
Now Available – The updated, expanded, and revised 3rd Edition of Mark Graban's Shingo Research Award-Winning Book Lean Hospitals: Improving Quality, Patient Safety, and Employee Engagement. You can buy the book today, including signed copies from the author.


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Among all great ape species, the Bonobo is still the least studied in both captivity and the wild. Nevertheless we have observed a considerable increase in knowledge across various fields of Bonobo research in recent years. In part due to the ongoing peace process in the Democratic Republic of Congo, research and conservation activities on the bonobo have resumed and multiplied since 2001. Part One of "The Bonobos: Behavior, Ecology, and Conservation" focuses on scientific research. Behavioral studies in captivity propose to answer why bonobos have some unique characteristics such as high social status of females and flexible social relationships. The outcomes present important aspects to be investigated in running field studies. In the wild, analysis of population genetics across the Bonobo's distribution range illuminates the species' evolutionary path and contributes to a global management plan. Site specific analysis reveals how genetics are used to re-identify individuals after an extended interruption of long-term research. Ecological studies at three independent sites, two in Salonga National Park, as well as one in the Luo Scientific Reserve, provide valuable information for the comprehension of ecological adaptation of Bonobos. With the application of recent methods of mammalian feeding ecology as well as comparative approaches in other great ape species, these studies allow us to draw conclusions on ape ecological adaptation and evolution. Part Two of "The Bonobos: Behavior, Ecology, and Conservation" focuses on conservation. In overview, local and global aspects of the factors threatening the wild bonobo population are reviewed. Here the outcomes of large-scale efforts within the functioning ecosystem conservation paradigm focus on three landscapes within the range of the Bonobo: the Salonga-Lukenie-Sankuru Landscape, the Maringa-Lopori-Wamba Landscape, and the Lac Tele-Lac Tumba Swamp Forest Landscape, are presented. Papers in this part include the different aspects of various stakeholders and discuss the unique threats and actions taken to ensure Bonobo survival. Pioneering the way, details from the first comprehensive assessment of Bonobos in the Salonga National Park reveal a baseline from which to monitor future trends. Concerned about the indigenous' peoples aspects of conservation, an ethnographic study documents cultural, social, and economic practices for the purpose of reviving the local traditional knowledge to exemplify possible applications at the national level. To be inclusive of all aspects of range country concerns, the contributions of Kinshasa's Bonobo sanctuary to national conservation efforts are presented. The outcome of these contributions taken together not only illuminate the current status of the Bonobo but allow for critically designing the next steps for the continuation of its future. The editors are Jo Myers Thompson and Takeshi Furuichi. Dr. Thompson currently works with the Lukuru Wildlife Research Foundation and is involved in the Lukuru Project in the Democratic Republic of Congo. Dr. Furuichi is part of the Faculty of International Studies at Meiji-Gakuin University in Yokohama, Japan.
About Takeshi FuruichiHowever, at the moment we cannot present you with specifics of the actual Publisher Takeshi Furuichi. However this does not necessarily mean that we don't work for my child selection. We ask that you simply assist us to with this matter. When you have spare time and need will certainly greatly appreciate in case you give you your information. While having these feedback and knowledge through users regarding the The Bonobos Author Takeshi Furuichi, all of us initial the woman's check. When all of us ensure that almost all true, simply just article that. Many of us fully grasp this enable and many thanks ahead of time.
Details Book
|Takeshi Furuichi
|Springer-Verlag New York Inc.
|Data Published
|03 March 2008
|Format Book
|PDF, Epub, DOCx, TXT
|Number of Pages
|327 pages
|Age +
|15 years
Reviews The Bonobos
Berrington My first reviews The Bonobos pdf
So intense! One of the best books I have ever read.
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Finally I get this ebook, thanks for all these I can get now!
Lisa Doran Best website free download ebook
I was suspicious at first when i got redirected to the membership site. Now I'm really excited i found this online library....many thanks Kisses
Markus Jensen How to download The Bonobos eBook?
I did not think that this would work, my best friend showed me this website, and it does! I get my most wanted eBook
Sandy Griffon to Takeshi Furuichi - thanks
wtf this great ebook for free?!
Roddy Murray
My friends are so mad that they do not know how I have all the high quality ebook which they do not!
Tina Milan
It's very easy to get quality ebooks ;)
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so many fake sites. this is the first one which worked! Many thanks
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Just select your click then download link, and complete an offer to start downloading the ebook. If there is a survey it only takes 5 minutes, try any survey which works for you.
Kevin Mason
lol it did not even take me 5 minutes at all! XD


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Website Outline
The diagram opposite shows an outline of this new website.
- There is a public website with 6 main sections and 20 pages.
- Then there is a members-only website with 7 main sections and 15 pages. To access the members-only website, it is necessary to login.
If you have any questions or suggestions about this website, please write to email@example.com
Calling Pharmaceutical, Diagnostics and Biotechnology Companies!
Pharma and Biotech companies can now join ESBB as a Corporate Members to participate in our biobanking community. This allows multiple members of your company to have the benefits of ESBB membership, including eligibility to join the dynamic ESBBtranslate working group which brings together ESBB members and pharma/ biotech industry representatives in order to identify, elaborate and launch common research projects.
The ESBBtranslate working group was originally co-chaired by ESBB President, Professor Dr Elke Smits and Dr Christina Schroeder. It is now under the leadership of committee chair Dr Balwir (Bal) Matharoo-Ball.
ESBBtranslate has been the force behind the highly successful Research Biobank of the Year Competition (RBYC) and is now making steadfast progress in the development of the ESBB Biobank Directory in collaboration with Dr Christina Schroeder and Dr Oliver Gros of Fraunhofer IZI-BB.
Upcoming Conferences
Arab Health Congress, Dubai, UAE, 30 Jan – 02 February, 2017
2nd Annual Biobanking Summit, Berlin, Germany, 02 – 03 March, 2017
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Please contribute your biobank-related conference details to firstname.lastname@example.com
Europe Biobank Week in Vienna: the first of 4 joint annual conferences in Europe
The Europe Biobank Week conference in Vienna (13-16 September, 2016) was the first of 4 joint conferences, co-organised by ESBB and BBMRI-ERIC. The conference was a great success!
682 participants registered including 521 delegates and 161 exhibitors. 98% registered participants actually attended the conference.
Preliminary feedback on speaker presentations has been very positive with many people noting the high quality of the talks.
More conference feedback to follow soon.


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Complete cleaning kit
Includes a T-Handle Screwdriver
Durable blow molded case
Guarantee that your gun is always at the peak of performance with the 28-Piece Cleaning Kit from Outers. This cleaning kit comes with a variety of brushes, mops, and other equipment to maintain your firearms. Stored in a durable blow molded case for convenient carrying and organization.
The Outers 28-Piece Cleaning Kit features:
• 8 Bore Brushes: .22/.270/.30/9mm/.38/.45/20-ga./12-ga.
• 5 Mops: .22/.35/.410/20-ga./12-ga.
• 5 Nylon Jags: .22/.27/.30/.35/.45
• 2 Nylon Patch Loops
• Patches
• Nylon Pick
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• Shotgun Adaptor
• Aluminum Cleaning Rod
• T-Handle Screwdriver with 6 Bits: 5/32 Slot, 1/4 Slot, 7/64 Alen, T10, T15, and #2 Phillips