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Women's Metallic Diamond Stud Earrings In 14k White Or 14k Gold (3/8 Ct. T.w.)
Treat yourself to one of life's little luxuries. These pretty full-shape diamond stud earrings (3/8 ct. T. W. Are set in a choice of 14k gold or white gold. Approximate diameter: 3-4/5 inch. 3/8 Carat Diamond Earrings. Diamond Colour Rating Code: I-J. Diamond Clarity Rating Code: I3. Diamond Cut: Full. Push back closure. Disclaimer: Photo may have been enlarged and or enhanced. Color: metallic


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Capital Communications was originally chartered May 19th, 1953 as Capital District Telephone Employees Federal Credit Union with the minimum required base of 500 members At that time, the Credit Union served only employees of New York Telephone and their ... more
Director of Business Development
Schenectady County Community Business Center
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Rod Miller
Australian Wool Network
Lis Miller
Steve Miller
Salem Communications Corporation
Matthew Miller
Valerie Miller
Aegis Properties Corporation

subset: commoncrawl


text:
Former -- and perhaps future -- Republican Presidential candidate Mitt Romney talked with radio host Don Imus Wednesday morning about his views on abortion rights.
"Now, when you changed your mind abortion and went from pro choice, I guess, to pro-life, what -- walk me through the, what caused that," Imus asked.
"Well, you know, I never really called myself pro-choice, but I did say when I was running for governor that I would keep the law as it was," Romney responded.
But a comprehensive list of his statements on the matter, including one from a 2007 debate in Iowa, appears not to back up his comment. During the Iowa debate he clearly explains "Look, I was pro-choice. I am pro-life."
Watch Romney's Don Imus conversation:
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Wallingford Vacation Packages
Many of Oxfordshire's most popular attractions are located within easy reach of Wallingford, so it is a convenient place to base yourself. Two sights that should be at the top of every visitor's to-do list is the wonderful St. Helen's Church and the ever-popular Dorchester Abbey. Two other popular spots you'll find close by Wallingford are the Lardon Chase - the Holies and Lough Down and Basildon Park.
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we have urgent need of Marketing Executive.
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Level Pack (42 Levels) for popular physical game "Jumping Box". Shoot the little box and help her to fly to the finish!
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February 23, 2009
GRINNELL SELECT INSURANCE COMPANY, A CORPORATION, PLAINTIFF,v.BRIA GLODO AND LARRY KEOWN, DEFENDANTS.LARRY KEOWN, PLAINTIFF,v.BRIA GLODO AND GRINNELL SELECT INSURANCE COMPANY, A CORPORATION, DEFENDANTS.
This matter comes before the Court on Grinnell Select Insurance Company's (Grinnell) Motion to Realign Parties (Doc. 7) filed in case 09-cv-004-JPG, and on Larry Keown's (Keown) Motion to Dismiss or in the Alternative Stay (Doc. 7) filed in case 08-cv-871-JPG. Keown also filed a Motion for Remand (Doc. 8) in case 08-871, although presumably he intended to have filed that motion in case 09-004, as that is the case number for the removed case.
The procedural posture of these two mirror-image cases is a bit confusing, but none of the facts are in dispute. Keown and Brett Glodo (Brett) were involved in an auto collision that resulted in Keown being seriously injured. At the time of the accident, Brett was driving a pickup truck owned by his father-in-law, Terry Ernsting (Ernsting). Ernsting had allowed his daughter, Bria Glodo (Bria), to use the truck. Bria, in turn, allowed her husband, Brett, to use it. Brett did not have a valid driver's license at the time of the accident. Keown brought an action in tort against Bria, Brett, and Ernsting in the Circuit Court for Jackson County, Illinois (the underlying action). On December 5, 2008, Keown obtained a jury verdict in his favor in the underlying action in the amount of $600,000 against Bria and Brett. The jury found Ernsting was not liable. The jury found that Bria had negligently entrusted her father's vehicle to Brett.
Grinnell had issued an automobile insurance policy on the truck to Ernsting. Grinnell had obtained a declaratory judgment that it had no duty to defend or indemnify Brett, however, Grinnell agreed to defend Bria in the underlying action under a reservation of rights.
After the jury returned its verdict against Bria, on December 17, 2008, Grinnell filed suit against Keown and Bria in case number 08-871 in this Court seeking a declaratory judgment that it has no duty under Ernsting's policy to indemnify Bria nor any duty to Keown, her judgment creditor. Jurisdiction was based on 28 U.S.C. § 1332, because Bria and Keown are both citizens of Illinois and Grinnell is a citizen of Iowa and more that $75,000 is in controversy.
Two days prior to Grinnell's filing, on December 15, 2008, Keown had filed suit against Grinnell and Bria in Jackson County Circuit Court seeking a declaratory judgment that Grinnell owed a duty to indemnify Bria under Ernsting's policy. Grinnell timely removed the Jackson County case to this Court, where it was assigned case number 09-004. Simultaneously with its notice of removal, Grinnell filed the motion to realign parties presently before the Court. The cases are virtual mirror images of one another. In 08-871 Grinnell asks for a declaratory judgment that Bria is not a covered individual under the policy. In 09-004, Keown asks for a declaratory judgment that she is.
The question before the Court is whether Bria's interests are properly aligned with Keown's, thus resulting in complete diversity of citizenship and federal jurisdiction, or whether Bria's interests are properly aligned with Grinnell's, thus destroying complete diversity and federal jurisdiction. Should the Court align Bria with Keown, case numbers 08-891 and 09-004 will be consolidated. Should the Court align Bria with Grinnell, case number 08-891 will be dismissed for lack of jurisdiction and case number 09-004 will be remanded to Jackson County Circuit Court.
In essence, Grinnell contends that the interests of Bria and Keown are identical, that is, to obtain indemnification for Bria from Grinnell in the policy limit of $300,000 so that she may partially satisfy the judgment debt she owes Keown. For his part, Keown contends that his interests are adverse to Bria's because she owes him $600,000 and the policy limit, assuming Grinnell has a duty to pay it, is only $300,000, and that he and Bria have a history of antagonistic interests which culminated in the underlying action.
"Where jurisdiction is based on diversity of citizenship, the court may ascertain whether the alignment of the parties as plaintiff and defendant conforms with their true interests in the litigation. Realignment is proper when the court finds that no actual, substantial controversy exists between parties on one side of the dispute and their named opponents." American Motorists Ins. Co. v. Trane Co. 657 F.2d 146, 149 (7th Cir.1981) (citing Indianapolis v. Chase National Bank, 314 U.S. 63, 62 S.Ct. 15, 86 L.Ed. 47 (1941)).
Here, there is no question but that Bria's interests align with those of Keown. As the Seventh Circuit has pointed out, "the normal alignment of parties in a suit seeking a declaratory judgment of non-coverage is Insurer versus Insured and Injured Party." Home Ins. Co. of Illinois v. Adco Oil Co., 154 F.3d 739, 741 (7th Cir.1998). This is so because any finding that the insurer owes a duty to indemnify an insured mutually benefits the insured party and the injured party. The insured party is relieved of having to pay the judgment out of his own pocket, at least to the extent of the policy limit. At the same time, the injured party is assured that he will be able to collect at least a portion of the judgment owed him. What is true in the usual case, is true here. The singular interest of both Bria and Keown is in obtaining a declaration that Grinnell must pay at least part of the judgment that Bria owes Keown. The fact that the judgment exceeds the policy limits does nothing to diminish this fact, nor to make Bria's interests in the instant case adverse to Keown's. And, while it is true that Bria and Keown had adverse interests in the underlying case, that case has proceeded to judgment, at which point their legal adversity came to an end. Therefore, the Court will realign the parties accordingly.*fn1*fn2
Keown also contends that even after realignment, diversity jurisdiction is still lacking. Keown points to 28 U.S.C. § 1332(c)(1) which states:
For the purposes of this section and section 1441 of this title--(1) a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business, except that in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been incorporated and of the State where it has its principal place of business.
28 U.S.C. § 1332(c)(1)(emphasis added).
Keown argues that, as this is an action against an insurer (Grinnell), in which the insured, (Ernsting) is not joined as a defendant, Grinnell must be deemed a citizen of the state of which Ernsting is a citizen (Illinois). As both Bria and Keown are also citizens of Illinois, the argument goes, there is no diversity of citizenship, and so the Court does not have diversity jurisdiction over this case. This argument ignores the statutory requirement that the action in question be a "direct action" against the insurer.
Congress added the "direct action" language in 1964 in reaction to a sharp increase in the caseloads of federal courts in Louisiana. Northbrook Nat'l Ins. Co. v. Brewster, 493 U.S. 6, 9 (1989). Louisiana had a statute on the books that allowed an injured party to sue the tortfeasor's insurer in the tort action, without joining the tortfeasor as a defendant. Id. The result was that federal jurisdiction existed in purely local disputes. Id. In response, Congress amended § 1332 to exclude from diversity jurisdiction those cases in which an injured party sued a liability insurer, absent the tortfeasor, on the underlying tort. Hernandez v. Traveler's Ins. Co., 489 F.2d 721, 723 (5th Cir. 1974) (explaining, "A 'direct action' under section 1332(c)(1) is an action in which a party suffering injuries or damage for which another is legally responsible is entitled to bring suit against the other's liability insurer without joining the insured or first obtaining a judgment against him.").
Illinois does not have a "direct action" statute. Instead a party suffering injuries or damage for which another is legally responsible must join the insured in the underlying action, or first obtain a judgment against the insured before proceeding against the insurer. Here, Keown has obtained a judgment against Bria. It is this judgment that gives him standing to bring his declaratory judgment action against Grinnell. Because this declaratory judgment action is not a "direct action" within the meaning of 28 U.S.C. § 1332(c)(1), Grinnell is not deemed to take on the citizenship of Ernsting. Instead, Grinnell is a citizen of Iowa, its state of incorporation and the state in which it has its principal place of business. As Bria and Keown are both citizens of Illinois, after realignment complete diversity of citizenship exists. As there is complete diversity between the parties in this action and more than $75,000 is in controversy, jurisdiction is proper in this Court pursuant to 28 U.S.C. § 1332.
Finally, while it is true, as Keown argues, that the Illinois state court would also have jurisdiction over this action (and possibly even that a state action would be more convenient), that alone does not relieve this Court of its obligation to exercise its jurisdiction once that jurisdiction is properly invoked, nor does it impair Grinnell's right to remove the state action to federal court.
The Court GRANTS the Motion to Realign Parties (Doc. 7) filed in case 09-cv-004-JPG. The Clerk of Court is DIRECTED to terminate Bria Glodo as a defendant and add her as a plaintiff in case number 09-cv-004. The Court DENIES the Motion to Dismiss or in the Alternative Stay (Doc. 7) filed in case 08-cv-871-JPG. The Court DENIES the Motion for Remand (Doc. 8) filed in case 08-871. The Court hereby CONSOLIDATES case numbers 08- cv-00891-JPG and 09-cv-004-JPG for all purposes. All future filings are to be made in case number 08-cv-891-JPG.
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For the most part, Formula 1 is just entertainment, but every now and then something really nifty comes out of it. Using models and algorithms developed to monitor an F1 car's performance, some engineers figured out how to apply them to hospitals.
During a Formula 1 race, a car sends hundreds of millions of . . . → Read More: Things Are Good: How Racing Cars Helps Babies


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Tales of Zestiria INTERNAL-RELOADED
The group RELOADED released video game Tales of Zestiria for the PC platform. In a world torn by war and political skirmishes, accept the burden of the Shepherd and fight human darkness to protect your world from Malevolence and reunite humans and Seraphim.
Genre: RPG
Group Notes: Enjoy this nice game with Securom/"Denuvo" fully removed.
Description: An unseen evil force known as Malevolence is spreading across the land, corrupting the world and causing humanity to falter. Players will embark on an epic journey as Sorey, a young pure-hearted adventurer whose destiny is to become The Shepard, an individual of great power that can banish Malevolence. Does Sorey have the courage and heart to wield this extraordinary responsibility for good, or will he fall prey to the evils of its power?
TALES OF ZESTIRIA introduces a new version of its celebrated real-time battle system, allowing for faster combat with side dashes and new fusion technique combo opportunities. Throughout his quest, Sorey will befriend humans and spirits known as Seraphim, unseen to most humans, to aide him on his journey. Because of Sorey's unique ability to communicate with the Seraphim he is able to fuse with their essence to create new elemental artes for strategic attacks to decimate foes.
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System Requirements:
OS: Windows Vista, 7, 8, 10
Processor: Intel Core 2 Duo 2.4Ghz / AMD Athlon 64 X2 5200+, 2.6GHz
Memory: 2 GB RAM
Graphics: Nvidia GeForce 8800GT / ATI Radeon HD 4830 or equivalent
DirectX: Version 9.0c
Hard Drive: 12 GB available space
OS: Windows 7 (x64) / Windows 8 (x64) / Windows 10 (x64)
Processor: Intel Core i3-530, 2.93 GHz / AMD Phenom II X4 940, 3.0GHz
Memory: 4 GB RAM
Graphics: Nvidia GeForce GTX 560 Ti / AMD Radeon HD 7850 or equivalent
DirectX: Version 9.0c
Hard Drive: 12 GB available space
Additional Notes: Gamepad support


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Argentina winger Angel Di Maria may still have a role to play in tomorrow's World Cup final against Germany despite a thigh injury just days ago.
The speedy Real Madrid star, who links well with Lionel Messi in attack, has been training lightly since Friday after being out of action since the quarterfinal win over Belgium.
''Today is essential, we'll have to see how he's evolved, how he's improved,'' coach Argentina Alejandro Sabella said today when asked to rate his chances of playing.
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At least forward Sergio Aguero's full recovery from a muscle strain has given Argentina a boost in their bid to win a third World Cup, and on the home soil of their greatest rivals Brazil.
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Animal welfare campaigners have restarted a petition against the slaughter of thousands of cats and dogs marking the summer solstice in Yulin, China.
Government officials have ostensibly "banned" the controversial annual Yulin Dog Meat Festival after it attracted protesters from around the world to descend on the city in Guangxi province.
But the slaughter of cats and dogs for meat is not outlawed in China, and the local government in Yulin says it cannot stop legitimate businesses preparing meat in the run-up to this year's solstice, 21 June.
Campaigners say that whether it is called a "festival" or not, the slaughter will take place more or less as usual this year.
As a result, a petition launched last year by Andrea Gung from the US-based welfare charity the Duo Duo Project has been re-opened, and now has more than 210,000 supporters.
In pictures: Inside the Yulin cat and dog meat trade
In pictures: Inside the Yulin cat and dog meat trade
1/13 China
A cat climbs up the cage at the slaughterhouse, trying to escape. This cat was later rescued by Peter Li
2/13 China
A slaughterhouse butcher transfers a cat to a cage, to be handed off to Peter Li. Shortly after, Li rescued the cat from the slaughterhouse
AP/Humane Society International
3/13 China
Two kitchen knives are shown stuck in an iron cage, which are used to butcher dozens of dogs and cats every day. These knives have to be sharpened daily due to the number of animals they're used to slaughter
4/13 China
Caged dogs sit on the side of Renminzhong Road, waiting to be transferred to a slaughterhouse in a narrow alley
AP/Humane Society International
5/13 China
Workers are shown getting the day's dog and cat meat prepared for sale in the morning
6/13 China
Dog meat is displayed in the marketplace
7/13 China
Residents pick their dog meat from a stand on Riverside Road
8/13 China
A woman on her moped transports more than 10 dogs, which had just been slaughtered, to her market shop for sale
AP/Humane Society International
9/13 China
Hundreds of pet dogs await their own death in a slaughterhouse, while they watch as their companions are slaughtered in front of them
AP/Humane Society International
10/13 China
A group of cats from Sichuan Province arrive at Renmin Middle Road on a truck, and wait to be transported on carts to a slaughterhouse in a narrow alley
11/13 China
A truck arrives in Yulin with nearly 1,000 dogs of various breeds crammed into narrow wire cages with no space to extend their limbs. According to the driver, the truck came from Sichuan, 800 miles west of Yulin. The traumatized dogs waited in silence for the next stop on their journey
12/13 China
Dogs are hung up for sale for meat in Dong Kou market, as a dog looks on
13/13 China
Peter Li holds a puppy's collar found at a slaughterhouse
AP/Humane Society International
Ms Gung told The Independent: "I witnessed the Dog Meat Festival in 2014. Some dogs were still wagging their tails when they were being killed in the slaughterhouse.
"The trust dogs put in humans is much greater than other animals. With the worldwide homeless dogs problem we already betrayed them once – now eating them is what I call the ultimate betrayal."
Protesters say the festival encourages a rampant black market for dog and cat meat in Yulin, where traders avoid government regulation designed to prevent the spread of diseases like rabies.
Another welfare organisation, Humane Society International, sent an undercover investigator to visit a Yulin slaughterhouse two days after the government said it was banning the festival.
Posing as a meat vendor, he found that dogs and cats were transported, caged and killed in squalid conditions at dark slaughterhouses where the smell was "offensive" - before being sold on to illegal markets.
Based on their breeds and the fact they wore collars, many appeared to be former pets who had either been stolen or abandoned, Li said.
Speaking to the Mail Online he said: "Mass dog slaughter is still going on at Yulin despite the local authorities trying to give the impression that's it's ended.
"The Yulin government has declared the 'festival' will not happen, but this is mere semantics and thousands of dogs will still die for their meat whether it's called a festival or not."
The government's announcement is unlikely to stop campaigners from travelling to Yulin this year to fight the dog and cat meat trade – but local vendors have found ways of turning this to their advantage.
The annual backlash against the festival has represented something of a tourist boom for the city in recent years.
And according to local media reports, dog meat traders have started threatening to kill the animals in violent and inhumane ways unless the protesters agree to buy their freedom.
Humane Society International has launched its own petition against what it calls the "festival of cruelty", which can be signed here. To join the original Duo Duo Project petition, click here.
The campaigns are among a number of online petitions receiving growing support among social media users as the date of the summer solstice draws closer.
Please help stop the #YulinDogMeatFestival https://t.co/8qjoVQ1Y6X pic.twitter.com/MoCSgYlIfw— Ricky Gervais (@rickygervais) June 7, 2015
Another, organised by the charity Raise Ur Paw, has received more than 60,000 signatures and was backed by the actor and comedian Ricky Gervais - a prominent backer of animal rights.Reuse content


text:
Potassium Iodide Still Flying Off Shelves as Radioactive Plume Nears Arizona; Officials Warn Against Using the Substance
The Hi-Health clerk shakes his head at our request for potassium iodide.
"We're all out," he says, confirming what we'd already learned from news reports of the last couple of days.
"But the plume's coming!" we plead.
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He laughs at our smarminess, then mentions that stores will be resupplied by March 25.
Hi-Health's Web site, as well as sites from other dietary supplement stores, advertise the coming shipments prominently.
But health officials, as we reported yesterday, are urging Arizonans not to take potassium iodide out of fear of radiation released in Japan.
The levels of radiation are far too low for anyone to need the supplement, and it could cause harmful side-effects, they say.
Potassium iodide was approved by the Food and Drug Administration in 1982 for use after radiation releases, according to Wikipedia. The chemical works to prevent radioactive bits from being uploaded to the thyroid gland, where they might cause cancer.
If you bought potassium iodide out of sheer panic and have now decided not to take it, you may not have totally wasted your money. The stuff reportedly never expires and who knows, you might need it if Palo Verde melts down.
The guy at the health store tells us he's not worried about Japan's radioactive plume, which is now hitting the California coast and is expected to pass over Arizona.
In fact, he says with a grin, he's hoping some of the radiation drips on a spider -- which then would bite him.
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text: Tara Lynne is a fandom and geek culture expert, public speaker, and character cosplayer who is best known for her Cersei Lannister (Game of Thrones), Starbuck (Battlestar Galactica), and Andrea (The Walking Dead) cosplays. She founded Ice & Fire Con, the first ever Song of Ice and Fire/Game of Thrones convention in the US, and now runs its parent company Saga Event Planning. Additionally, she is co-administrator of the popular geek media website The Geekiary and co-hosts the "FEELINGS…with The Geekiary" webcast. Tara has spoken about geek culture at San Diego Comic-Con, C2E2, MegaCon, Dragon Con, Ohio State University, TedX Sarasota, and more. Her debut novel, The Way of Reckoning, was published in December 2014, and she is currently finishing up her second novel (entitled "How To Start Living…In the Zombie Apocalypse").


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A t c _ t x t . b o o k P a g e 1 0 M o n d a y , J a n u a r y 1 0 , 2 0 0 5 6 : 3 8 P M
When your telephone rings, the display may show the fol- lowing: for internal calls: the calling extension's name and num- ber;
for outside calls: the ringing line or calling party's name or number. NOTE Telrad Connegy's UNITe IP systems support Caller Name and Caller Identification on the Avanti tele- phone display.
Main call queue Internal and external calls enter the Main Call queue.
The number of calls waiting in the attendant queue is indi- cated in the top line of the display, e.g. CW23, where CW stands for Calls Waiting and 23 is the number of calls.
To answer the first call waiting in the Main Call queue
Press [ANSWER].
Depending on the type of call and system programming, calls may also enter subqueues.
The subqueues include:
Recall queue - contains transferred calls unanswered by other extensions or placed on hold for longer than a preset time. Press [RCL] to retrieve from this queue;
Private Recall queue - contains calls due to recall at your console only. Press [PRIVATE RCL] to retrieve from this queue.
Avanti Attendant console


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April 25, 2013
HADDRICK BYRD, APPELLANTv.ROBERT SHANNON, SUPERINTENDENT SCI-FRACKVILLE; V. STANISHEFSKI, CORRECTIONS HEALTH CARE ADMINISTRATOR SCI-FRACKVILLE; JACK ROBINSON, SUPERVISING NURSE SCI-FRACKVILLE; H. SPENCER, NURSE SCI-FRACKVILLE; DORINA VARNER, CHIEF GRIEVANCE OFFICER, CAMP HILL, PA
On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. No. 1-09-cv-01551) District Judge: Honorable Sylvia H. Rambo
Argued October 3, 2012
Opinion Issued March 11, 2013
Panel Rehearing Granted April 2, 2013
Before: FUENTES, FISHER and COWEN, Circuit Judges.
Haddrick Byrd, a prisoner at SCI-Frackville, filed a pro se complaint under 42 U.S.C. § 1983 in the Middle District of Pennsylvania alleging that various Pennsylvania Department of Corrections ("DOC") employees violated his Eighth Amendment rights and were negligent under state law. Byrd appeals the District Court"s order granting summary judgment to DOC employees V. Stanishefski, Jack Robinson, and H. Spencer on his Eighth Amendment claims. Byrd also appeals the District Court"s decision to decline reconsideration of its order granting a motion to dismiss for DOC employees Robert Shannon and Dorina Varner. In addition, Byrd appeals the District Court"s decision to decline supplemental jurisdiction over his state law negligence claims.
Instead of paying a docketing fee on appeal, Byrd filed a motion to proceed in forma pauperis ("IFP"). We appointed counsel to act as amicus curiae and address the issue of whether Byrd was eligible to proceed IFP. Thereafter, we initially determined that Byrd was ineligible for IFP status. However, after granting amicus"s petition for panel rehearing, we have decided to grant Byrd"s request to proceed IFP. As such, we will reach the merits of Byrd"s appeal, and we will affirm the District Court"s order granting summary judgment, along with its decision to decline reconsideration of its previous order, and its decision to decline supplemental jurisdiction over Byrd"s state law claims.
At all times relevant to this appeal, Byrd was an inmate at SCI-Frackville. Byrd"s pro se complaint of August 13, 2009 named the following defendants: (1) Robert Shannon, the Superintendent of SCI-Frackville; (2) V. Stanishefski, the Corrections Health Care Administrator at SCI-Frackville; (3) Jack Robinson, the Supervising Nurse at SCI-Frackville; (4) H. Spencer, a Nurse at SCI-Frackville; and (5) Dorina Varner, the Chief Grievance Officer for the DOC. Byrd specifically alleges that these DOC employees showed deliberate indifference to his serious medical needs by failing to provide him with prescription eye drops for his glaucoma, thus depriving him of his Eighth Amendment rights and committing negligence under state law.
The relevant events began in early 2008. On January 4, 2008, Byrd indicated to Spencer that he was experiencing delays in receiving his prescription eye drops, Timolol and Travatan. On February 7, 2008, Byrd informed Shannon that he was still experiencing delays in receiving his eye drops. Byrd"s medical records indicate that he was given one month"s supply of Timolol on both January 4, 2008 and February 8, 2008, and that he was given one month"s supply of Travatan on both January 9, 2008 and February 6, 2008. After receiving one month"s supply of Travatan on March 3, 2008, Byrd wrote to Stanishefski about the delays. On March 6, 2008, Robinson responded on behalf of Stanishefski as follows:
"We can not give you the eye drops if the pharmacy does not send them to us. Also you were on the call out on 3/5/08 and did not show up for your drops. You are now on the call out for 3/9/08." Supp. App. at 33.
Byrd was subsequently given one month"s supply of both Timolol and Travatan on the following dates over the next five months: April 3, May 1, May 29, June 25, and July 24. The prescription for Byrd"s eye drops expired on July 31, 2008. Byrd did not notify Stanishefski regarding the expiration of his prescription until September 16, 2008. The prescription was renewed on September 22, 2008, and Byrd was given one month"s supply of Timolol and Travatan the next day. However, Byrd experienced further delays. On October 29, 2008, Byrd wrote to Stanishefski about not being called out to pick up his eye drops earlier that week. Robinson responded on behalf of Stanishefski as follows:
"Medical does not give you them. We can only give them to you when the pharmacy ships them to us. I will check what the problem is so to try and avoid this in the future." Supp. App. at 33.
Byrd, on November 3, 2008, filed a grievance regarding the delays. The grievance named Shannon, Robinson, Stanishefski, and Varner, but did not name Spencer. Robinson responded on behalf of Stanishefski as follows:
"This a summary of my findings regarding your grievance #248753. Your concern is you did not receive your eye drops for glaucoma. A review of your medical record reveals your eye drop medication prescription expired on July 31, 200[8]. You participate in the self- medication program. The self-medication permits you to be responsible for your health care needs. You never attempted to access sick call when you knew the eye drops had expired. In addition you were also seen by the optometrist three times since July 2008 and never requested eye drops from him. You have an eye condition that will require eye drop medication for the rest of your life. I strongly encourage you to be an active participant in your care. This grievance including monetary requests is denied."
Supp. App. at 34.
Byrd was subsequently given his eye drops on the following dates in 2008: November 5 (Timolol), November 8 (Travatan), December 2 (both), and December 31 (both).
Byrd was seen by an optometrist on the following dates in 2008: March 19, April 16, July 9, October 1, October 29, November 19, and December 8.
Byrd filed a complaint in the District Court on August 13, 2009. He was granted IFP status on September 9, 2009. The District Court, on February 22, 2010, granted defendants" motion to dismiss in part, dismissing Shannon and Varner due to their lack of involvement in Byrd"s medical care. On February 28, 2011, the District Court granted the remaining defendants" motion for summary judgment. The District Court specifically held that Byrd failed to exhaust his administrative remedies against Spencer and that Stanishefski and Robinson were not deliberately indifferent to Byrd"s serious medical needs. The District Court declined to exercise supplemental jurisdiction over Byrd"s remaining state law negligence claims.*fn1
On April 5, 2011, Byrd filed a motion to proceed IFP on appeal. That same day, the Clerk"s Office notified Byrd that he had "three strikes" under 28 U.S.C. § 1915(g) and had to file a motion showing that he was in imminent danger of serious physical injury in order to be eligible for IFP status. Byrd"s three potential strikes included two actions that were clearly dismissed for failure to state a claim: (1) Byrd v. Parris, No. 99-cv-00769 (E.D. Pa. Oct. 15, 1999) and (2) Byrd v. City of Philadelphia, No. 06-cv-01957 (E.D. Pa. Aug. 10, 2006). The other potential strike, Byrd v. Gillis, C.A. No. 01-3868 (3d Cir. July 30, 2002), was an appeal that was dismissed by this Court under 28 U.S.C. § 1915(e)(2)(B) because it was "without merit." In response to the notification by the Clerk"s Office, Byrd did not file a motion alleging imminent danger; instead, he submitted a response on April 19, 2011, arguing that the Clerk"s Office made a mistake in determining that he had three strikes. Byrd noted that, although he brought two prior actions that were dismissed for failure to state a claim, he did not proceed IFP in those actions.
In the January 12, 2012 order appointing amicus curiae, this Court instructed amicus to address whether dismissals of non-IFP actions and appeals can count as strikes under § 1915(g) or whether only IFP actions and appeals can count as strikes. The Court also stated that "[a]micus counsel may wish to address the relevance, if any, of the fact that 28 U.S.C. section 1915(e) and section 1915(g) use similar phrasing . . . that varies slightly from the language of Fed. R. Civ. P. 12(b)(6)."
On February 28, 2012, amicus requested to expand the scope of its appointment. Specifically, amicus sought leave to address whether this Court"s dismissal of one of Byrd"s previous cases, Byrd v. Gillis, C.A. No. 01-3868 (3d Cir. July 30, 2002), constituted a strike. On March 8, 2012, this Court granted in part and denied in part amicus"s motion to expand the scope of its representation. The Court permitted amicus to argue, with respect to Byrd v. Gillis, that "when an action is dismissed for a reason that is unclear, that dismissal does not count as a strike."
On March 11, 2013, this panel denied Byrd"s motion to proceed IFP, and thus, did not reach the merits of Byrd"s appeal. Amicus petitioned for panel rehearing on March 25, 2013. After granting the petition for panel rehearing on April 2, 2013, we now reconsider our previous decision and reach the merits of Byrd"s appeal.
We have jurisdiction over this matter as an appeal of a final decision of the District Court. 28 U.S.C. § 1291. The District Court did not address whether Byrd"s eligibility for IFP status was foreclosed by the three strikes provision of 28 U.S.C. § 1915(g). We now address the § 1915(g) issue. We will also reach the merits of Byrd"s appeal.
In order to determine Byrd"s IFP eligibility, we must decide whether "strikes" under 28 U.S.C. § 1915(g) can be accrued in actions or appeals where the prisoner has prepaid the filing fee or whether "strikes" can only be accrued in IFP actions or appeals. Section 1915(g), enacted as a part of the Prison Litigation Reform Act of 1996 ("PLRA"), states:
"In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury."
Three of our sister courts of appeals have held that strikes may be accrued in actions or appeals regardless of whether the prisoner has prepaid the filing fee or is proceeding IFP. See Burghart v. Corr. Corp. of Am., 350 Fed. App"x 278, 279 (10th Cir. 2009); Hyland v. Clinton, 3 Fed. App"x 478, 479 (6th Cir. 2001); Duvall v. Miller, 122 F.3d 489, 490 (7th Cir. 1997). No court of appeals has held that strikes may only be accrued in IFP actions or appeals.*fn2
This situation presents an issue of statutory interpretation. Our task is to give effect to the will of Congress, and where Congress"s will has been expressed in language that has a reasonably plain meaning, that language must ordinarily be regarded as conclusive. Negonsott v. Samuels, 507 U.S. 99, 104 (1993); see also Caraco Pharm. Labs., LTD v. Novo Nordisk, 132 S. Ct. 1670, 1680 (2012) ("We begin where all such inquiries must begin: with the language of the statute itself."). If the language of the statute has a reasonably plain meaning, then our sole function is to enforce the statute"s language. United States v. Ron Pair Enters., Inc., 489 U.S. 235, 241 (1989).
In determining whether the language of a particular statutory provision has a plain meaning, we consider the language in the context of the entire statute. Robinson v. Shell Oil Co., 519 U.S. 337, 341 (1997) (stating that statutory interpretation focuses on "the language itself, the specific context in which that language is used, and the broader context of the statute as a whole"); see also Abdul-Akbar v. McKelvie, 239 F.3d 307, 314 (3d Cir. 2001) (en banc)
(interpreting one particular section of the PLRA, 28 U.S.C. § 1915(g), in the context of the PLRA as a whole). The plain meaning of statutory language is not conclusive only when "the literal application of a statute will produce a result demonstrably at odds with the intentions of the drafters." Ron Pair Enters., 489 U.S. at 242.
Statutory purpose and legislative history may be referenced only if the statutory language is without a plain meaning, i.e., if the statutory language is ambiguous. In re Phila. Newspapers, LLC, 599 F.3d 298, 304 (3d Cir. 2010). Statutory language is ambiguous only where it is "reasonably susceptible of different interpretations." Id. (quoting Nat'l R.R. Passenger Corp. v. Atchinson Topeka & Santa Fe Ry. Co., 470 U.S. 451, 473 n.27 (1985)).
Here, the statutory language has a reasonably plain meaning - "an action or appeal" is not limited to an IFP action or appeal; rather, it refers to both IFP and non-IFP actions or appeals. The three strikes provision, § 1915(g), does not make an explicit exception for previous actions or appeals where the prisoner was not granted IFP status. See Burghart, 350 Fed. App"x at 279 ("[Plaintiff] argues that Congress did not intend § 1915(g) to apply to prisoners who had not filed their earlier cases IFP. However, § 1915(g) makes no distinction."); Hyland, 3 Fed. App"x at 479
("[Section] 1915(g) does not distinguish between prior in forma pauperis actions and prior actions in which the fee was paid."); Duvall, 122 F.3d at 490 ("[Section 1915(g)] does not say, brought an action or appeal in forma pauperis," or brought an action or appeal under this section."").
We acknowledge that this Court, in Santana v. United States, found the phrase "civil actions" in another part of the PLRA to "lack a plain meaning." 98 F.3d 752, 755 (3d Cir. 1996) (interpreting 28 U.S.C. § 1915(b) and holding that the filing fee requirements of the PLRA with regard to "civil actions" did not apply to IFP habeas corpus petitions and appeals). This Court"s analysis in Santana, however, focused on the unique nature of habeas corpus actions. Id. at 754. In contrast to habeas corpus actions, standard non-IFP actions are not, "in effect, hybrid actions whose nature is not adequately captured by the phrase civil action."" Id. Thus, Santana does not compel a conclusion that the phrase "an action or appeal" in § 1915(g) lacks a plain meaning.
The same can be said for Grayson v. Mayview State Hospital, wherein this Court stated that § 1915(e)(2), which uses language that closely tracks the three strikes provision of § 1915(g), is limited to IFP actions or appeals. 293 F.3d 103, 109 n.10 (3d Cir. 2002) ("Although the language of § 1915(e)(2) does not expressly limit the provision"s reach to in forma pauperis claims, we believe Congress intended it to be so limited."). We do not find Grayson to be controlling. First, the finding in Grayson - that § 1915(e)(2) applies only to IFP actions or appeals - is dicta; it was not necessary to the Court"s holding, which was that the district court was required to grant leave to amend before dismissing a pro se inmate"s action for failure to state a claim. Id. at 114.
Second, the Grayson Court based its finding in part on the fact that any alternative interpretation of § 1915(e)(2) would render similar provisions of the PLRA superfluous. Id. at 109 n.10 (citing Benson v. O'Brian, 179 F.3d 1014, 1017 (6th Cir. 1999) ("[I]f all actions, whether pursued in forma pauperis or not, are to be screened by the district court pursuant to § 1915(e)(2), the specific prisoner complaint screening provision, § 1915A, would be rendered largely superfluous.")). In contrast to § 1915(e)(2), if § 1915(g) were interpreted to encompass non-IFP actions and appeals, no other provision of the PLRA, including § 1915A, would be rendered superfluous.
Finally, we acknowledge amicus"s argument that the language difference between § 1915(g) and Rule 12(b)(6) of the Federal Rules of Civil Procedure is instructive as to the meaning of "an action or appeal." Section 1915(g), just like the IFP specific provision, § 1915(e)(2), refers to an action that "fails to state a claim upon which relief may be granted," while Rule 12(b)(6) refers to an action that "fails to state a claim upon which relief can be granted." Amicus argues that this contrast between "may" and "can" indicates that
Congress used "may" in § 1915(g) as a signal to reference § 1915(e) dismissals, which occur only in IFP actions and appeals, as opposed to Rule 12(b)(6) dismissals, which occur in both IFP and non-IFP actions. Although this argument is of some persuasive effect, it does not render the phrase "an action or appeal" to be without a plain meaning. The bottom line remains that Congress could have easily differentiated between IFP and non-IFP actions or appeals in the language of § 1915(g), but it did not. If Congress had intended to make an exception for non-IFP cases in § 1915(g), then it more likely would have explicitly done so, rather than merely using the word "may" instead of "can."
Thus, strikes may be accrued in actions or appeals regardless of whether the prisoner has prepaid the filing fee or is proceeding IFP, and Byrd"s previous non-IFP actions, which were dismissed for failure to state a claim, count as strikes for purposes of § 1915(g).
Amicus argues that, even if Byrd"s non-IFP actions count as strikes, Byrd still has only two strikes, rather than three, because this Court"s dismissal of Byrd"s appeal in Byrd v. Gillis, C.A. No. 01-3868 (3d Cir. July 30, 2002) under § 1915(e)(2)(B) does not constitute a strike. We agree.
In Byrd v. Gillis, Byrd brought suit in the Middle District of Pennsylvania against prison officials in their individual and official capacities for failing to investigate a false misconduct report against him. No. 01-cv-0576, slip op. at 1 (M.D. Pa. Sept. 21, 2001). As a result of the misconduct report, Byrd was placed in the restrictive housing unit for 60 days. Id. at 5. Byrd alleged that he was "subjected to the denial of due process, equal protection under the law, denial of religious practices, retaliation, malfeasance, non-feasance, and misfeasance." Id. at 1. The Magistrate Judge*fn3 granted the defendants" motion for summary judgment and concluded that, except for Byrd"s due process claim regarding his misconduct hearing, Byrd failed to exhaust his administrative remedies. Id. at 6-12. In regard to Byrd"s due process claim, the Magistrate Judge held that Byrd"s placement in the restrictive housing unit did not implicate a protected liberty interest under Sandin v. Conner, 515 U.S. 472, 483-84 (1995). Id. at 14-16. Additionally, in regard to Byrd"s official capacity claims, the Magistrate Judge concluded that the prison officials were immune from suit. Id. at 13-14. Byrd"s state law claims were held to be barred under the Eleventh Amendment. Id.
On appeal, this Court held that the Magistrate Judge properly granted summary judgment. Byrd v. Gillis, C.A. No. 01-3868, slip op. at 4 (3d Cir. July 3, 2002). The Court explicitly agreed that Byrd failed to exhaust his administrative remedies, that the alleged conduct did not implicate a protected liberty interest, and that the Eleventh Amendment barred Byrd"s state law claims. Id. at 3-4. The Court ultimately dismissed the appeal under § 1915(e)(2)(B) because it was "without merit." Id. at 4.
Our Court has not yet stated a preferred approach for deciding when and whether "unclear" dismissals can becounted as strikes for purposes of § 1915(g). In doing so now, we are guided by the driving purpose of the PLRA - preserving resources of both the courts and the defendants in prisoner litigation. See Thompson v. Drug Enforcement Admin., 492 F.3d 428, 438 (D.C. Cir. 2007). This purpose is served by both (1) identifying and reducing frivolous actions and appeals by prisoners and (2) reducing litigation on whether a particular dismissal constitutes a strike.
We agree with the majority of our sister courts of appeals that § 1915(g) requires that a prisoner"s entire action or appeal be dismissed on enumerated grounds in order for the dismissal to count as a strike. See, e.g., Tolbert v. Stevenson, 635 F.3d 646, 651 (4th Cir. 2011); Turley v. Gaetz, 625 F.3d 1005, 1008-09 (7th Cir. 2010); Thompson, 492 F.3d at 432. Building on this point, amicus asserts that we should adopt a rule preventing a reviewing court from finding a strike in a prior dismissal if the dismissal does not explicitly state that the action or appeal was dismissed entirely for grounds covered by § 1915(g).
Amicus cites a number of cases that provide persuasive support for the
adoption of such of rule. See Haury v. Lemmon, 656 F.3d 521, 523
(7th Cir. 2011) (holding that a dismissal for lack of jurisdiction
cannot warrant a strike unless the assertion of jurisdiction is
also found to be frivolous); Tolbert, 635 F.3d at 653 (holding that
an entire action or appeal must be dismissed under § 1915(g)"s
enumerated grounds for a strike to accrue, and noting that such an
approach avoids a "laborious analysis of procedural history");
Thompson, 492 F.3d at 438 (adopting a bright-line rule with respect to
actions dismissed for failure to exhaust
administrative remedies that prevents a strike from being accrued for
failure to state a claim unless the action was expressly dismissed for
"failure to state a claim" or dismissed pursuant to Rule 12(b)(6));
Snider v. Melindez, 199 F.3d 108, 115, 115 n.5 (2d Cir. 1999)
(stating, in dicta, that a judgment "should clearly state the reasons
for the dismissal, including whether the dismissal is because the
claim is frivolous,"
malicious," or fails to state a claim"").
Also relevant, however, is Hafed v. Federal Bureau of Prisons, 635 F.3d 1172, 1178 (10th Cir. 2011). There, a district court dismissed a prisoner"s complaint under 28 U.S.C. § 1915A(b) without clearly indicating whether it was relying on § 1915A(b)(1) for frivolousness or § 1915A(b)(2) for suing an immune defendant - a ground that does not support the accrual of a strike under § 1915(g). The U.S. Court of Appeals for the Tenth Circuit approached the issue of whether to count the dismissal as a strike by stating:
"Our determination that a particular dismissal constitutes a strike is not formalistic or mechanical; rather, we must consider the nature of the dismissal and, if the district court did not make it clear, whether the dismissal fits within the language of § 1915(g)."
Id. The Tenth Circuit, in that particular instance, determined that even though the district court mentioned the defendant"s immunity and did not explicitly state that the entire action was frivolous, "the immunity ground for dismissal was subsumed in frivolousness." Id. The Hafed Court thus counted the dismissal as a strike for purposes of § 1915(g).
The approach taken in Hafed serves the PLRA"s driving purpose in that it reduces the likelihood of future frivolous actions by prisoners. If courts are permitted to consider the nature of the dismissal and determine whether the dismissal fits within the language of § 1915(g), then there is less likelihood that a dismissal intended as a strike will slip through the cracks created by a categorical rule that bars courts from undertaking such an examination. However, as noted by amicus, the Hafed approach also runs counter to the PLRA"s goals in that it will inevitably lead to more, and perhaps unnecessary, litigation on whether or not a particular dismissal constitutes a strike.
Although we recognize the benefit of the Hafed approach, we are ultimately persuaded that the PLRA"s purpose is best served by taking an approach that does not open the door to more litigation surrounding § 1915(g).
Thus, we adopt the following rule: a strike under § 1915(g) will accrue only if the entire action or appeal is (1) dismissed explicitly because it is "frivolous," "malicious," or "fails to state a claim" or (2) dismissed pursuant to a statutory provision or rule that is limited solely to dismissals for such reasons, including (but not necessarily limited to) 28 U.S.C. §§ 1915A(b)(1), 1915(e)(2)(B)(i), 1915(e)(2)(B)(ii), or Rule 12(b)(6) of the Federal Rules of Civil Procedure.
Applying this rule, we must now decide whether the dismissal of Byrd"s appeal in Byrd v. Gillis under § 1915(e)(2)(B) because it was "without merit" constitutes a strike. The dismissal is not encompassed by the first category of our adopted rule. The terms "frivolous," "malicious," or "fails to state a claim" were not used to dismiss the appeal in its entirety. Although we have often associated the term "without merit" with the term "frivolous," we cannot say that these terms have the exact same meaning. Regardless, the first category of our new rule requires that the terms "frivolous," "malicious," or "fails to state a claim" be explicitly stated for the dismissal to constitute a strike.
Neither is the dismissal encompassed by the second category of our adopted rule. Section 1915(e)(2)(B) is not limited to dismissals that are "frivolous," "malicious," or "fail[] to state a claim." Section 1915(e)(2)(B) states as follows:
"[T]he court shall dismiss the case at any time if the court determines that the action or appeal -
(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief."
If the Court had indicated more precisely that the dismissal was based on § 1915(e)(2)(B)(i), then the result of our analysis would be different. However, by merely dismissing the appeal generally under § 1915(e)(2)(B), we cannot determine with certainty that Byrd"s appeal was dismissed for reasons warranting a strike under § 1915(g).
In sum, the dismissal of Byrd"s appeal in Byrd v. Gillis does not constitute a strike. Byrd has only two strikes under § 1915(g) and is eligible to proceed IFP in this appeal. We will now address the merits of his appeal.
Byrd asserts that the District Court erred in granting summary judgment to Spencer based on Byrd"s failure to exhaust his administrative remedies by not naming Spencer in his November 3, 2008 grievance. Under the PLRA, "[n]o action shall be brought with respect to prison conditions under section 1983 . . . by a prisoner confined in jail, prison, or other correctional facility until such administrative remedies as are available are exhausted. 42 U.S.C. § 1997e(a). The PLRA itself does not have a "name all defendants" requirement. Jones v. Bock, 549 U.S. 199, 217 (2007). However, prisoners are required to complete the administrative review process in accordance with rules that are defined by the prison grievance process. Id. at 218. The relevant provision of the prison grievance system at the time that Byrd filed his grievance in 2008 was DC-ADM 804, Part VI.A.7, which stated, in pertinent part: "The inmate will identify any person(s) who may have information that could be helpful in resolving the grievance."*fn5
Byrd did not identify Spencer in his November 3, 2008 grievance. Additionally, there is no indication that prison administrators were aware that Spencer was allegedly involved with the events surrounding the grievance before Byrd filed suit. The District Court thus properly granted summary judgment to Spencer.
Byrd also asserts that the District Court erred in granting summary judgment to Stanishefski and Robinson on the basis that the delays in providing eye drops were not the result of deliberate indifference to a serious medical condition. The Eighth Amendment prohibits "cruel and unusual punishments." The amendment proscribes punishments that "involve the unnecessary and wanton infliction of pain." Estelle v. Gamble, 429 U.S. 97, 102 (1976). Deliberate indifference to a prisoner"s serious medical needs constitutes an unnecessary and wanton infliction of pain. Id. at 104.
Although Byrd"s glaucoma may constitute a serious medical condition, he has not shown that the delays in supplying his eye drops were due to deliberate indifference. Byrd"s longest period without eye drops occurred after his prescription expired on July 31, 2008. He did not notify Stanishefski about the matter until September 16, 2008. After Byrd notified Stanishefski, the prescription was renewed on September 22, 2008, and Byrd was given eye drops on September 23, 2008. Under Byrd"s self-medication program, he is responsible for the renewal of his prescriptions, and thus, he was responsible for this delay. Other delays were caused by the pharmacy that provided the eye drops. Therefore, the District Court properly granted summary judgment to Stanishefski and Robinson.
Byrd asserts that the District Court failed, in its summary judgment opinion, to address his claims against Shannon and Varner - claims that were previously dismissed under Rule 12(b)(6).*fn6 We construe Byrd"s assertion as one faulting the District Court for not reconsidering its earlier decision to dismiss Shannon and Varner. The Magistrate Judge"s report and recommendation, which was adopted by the District Court, noted that the local rules for the Middle District of Pennsylvania require a motion for reconsideration to be filed within 14 days after the entry concerned. See Byrd v. Shannon, No. 09-cv-1551, 2010 WL 5889519 at *7 (M.D. Pa. Nov. 24, 2010) (citing M.D. Pa. LR 7.10).
Byrd did not request that the District Court reconsider its decision to dismiss Shannon and Varner until he filed his brief in opposition to the defendants" motion for summary judgment, more than seven months after the District Court issued its order dismissing Shannon and Varner. The District Court did not err in declining to reconsider its previous order.*fn7
Because we will affirm the District Court"s order granting summary judgment, along with its decision to decline reconsideration of its previous order, we will also affirm the District Court"s decision to decline supplemental jurisdiction over Byrd"s state law negligence claims. See 28 U.S.C. § 1367(c)(3) ("The district courts may decline to exercise supplemental jurisdiction . . . [if] the district court has dismissed all claims over which it has original jurisdiction."); United Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966) (holding that when federal claims are dismissed before trial, federal courts should not separately entertain pendent state claims).
Byrd was eligible to proceed IFP in this appeal. We will affirm the District Court"s order granting summary judgment, its decision to decline reconsideration of its previous order, and its decision to decline supplemental jurisdiction over Byrd"s state law claims.*fn8
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06-12-2005, 07:11 PM #1Junior Guru Wannabe
- Join Date
- Apr 2005
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- 33
I just lost my rank in MSN search...
I have been at the #4 spot (first page) on MSN search under the keyword "anxiety" for weeks now. Then I did two things. I removed the link (and ad) to my anxiety disorders support forum from my large software site and I started submitting my own software (I've written 40 scripts, games and programs over the years) like crazy to many, many, software sites. Then I go to MSN Search a few days later and I am on the second page!. So anyway, I put the link back on my software site but I am wondering if MSN penalizes you if you submit to too many software sites. I also have a feeling that some of these software sites are really nothing more than link/affilate sites and I wonder if MSN frowns on that.
Anyone know what' might be going on here?
Thank's for any insight as I am really puzzled by this.Anxiety Zone - Anxiety Disorders Forum
'Support Through Caring'
06-12-2005, 07:17 PM #2Newbie
- Join Date
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Your ranking is also influenced by the "relevant links" you place on your website.
If the software forum you used to link to has a high ranking, your website might have profited from it too.
06-13-2005, 01:45 AM #3Web Hosting Evangelist
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Give it some time. Some days I am on page 1 of "webhosting". Other days, I'm in page 5. It varies from day to day but hopefully you can be consistently in the top 50.Protagonist WebHosting Services
Blog Hosting solutions:: Cpanel with Rvskin & Fantastico Deluxe
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text:
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margin of error is +/- 2.2%.


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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
Without a public health system in place these elements were left in the street to be breathed in and walked through daily.
In addition there engineering advances that built large high rise slums that were quickly filled to capacity even though they offered no fresh water or waste disposal areas.
The 1870's became the decade for urban public health reform as Congress made the move to reorganize the Marine Hospital Service. It was also at that time the Surgeon General position was created and still exists today.
The Surgeon General was charged with overseeing public health issues and providing advice, guidelines and mandates as to how they would be best handled.
During the 1880's the movement toward public health moved away from the political arena and into the laboratories around the nation.
It was at this time scientists began to learn how to isolate disease producing organisms for communicable diseases.
This was a major breakthrough especially for the major cities in the nation as they began to understand how the diseases were being spread and they knew the answer in part was to provide public education, and fresh water systems and waste disposal services to try and reduce the ability for diseases to spread.
With the growing acceptance of the germ theory of disease causation in the 1890's and the emergence of the diagnostic laboratories as the focal point of public health activities, the American public health movement underwent several major changes. The main emphasis, which during much of the 19th century had been on cleaning up the environment, now shifted to direct control of communicable diseases (Erlen, (http://www.publichealth.pitt.edu/supercourse/SupercoursePPT/20011-21001/20181.ppt)."
New York City
By the late 19th century New York City had one of the highest mortality rates in the nation due to poor sanitation citywide.
Members of the New York Sanitary Association were convinced that the diseases that contributed to this high rate were primarily due to the absence of proper sanitary practices and could be prevented. Sanitarians wanted to improve public health law and educate the populace about proper hygiene (Apostles of cleanliness (http://pubs.acs.org/subscribe/journals/mdd/v05/i05/html/05ttl.html)."
In 1864 New York undertook a large survey project in which the city tried to ascertain the exact living conditions for most residents. When the survey came in from the inspectors the city found that its residents were living in substandard conditions that promoted squalor and filth.
Public and shared restrooms were overflowing with human fecal matter. The city streets were covered in filthy slime created by horse manure and local slaughterhouses were dumping their blood and carcasses into tenement properties and leaving them there to rot (Apostles of cleanliness (http://pubs.acs.org/subscribe/journals/mdd/v05/i05/html/05ttl.html).
In addition the blood and animal gut liquids were being washed into the river that was being used as drinking and bathing water by many city residents.
It was common knowledge that youngsters could earn nickels by standing along Broadway and sweeping a path through the muck for those who wanted to cross the wretched boulevard (Apostles of cleanliness (http://pubs.acs.org/subscribe/journals/mdd/v05/i05/html/05ttl.html)."
New York officials were appalled at what the survey results indicated and set to work immediately to develop a comprehensive sanitation program to remove and dispose of waste. In addition the city provided representation on the American Public Health Association Board.
The city of Chicago was dealing with its own public health issues following the end of the Civil War. It had problems with widespread disease because of its random and haphazard waste disposal program. Because no major city in the nation had implemented a sewage system at that time representatives from Chicago made the trip to Europe to examine and educate themselves about such systems and brought their knowledge back to the city to develop.
The sewage project transformed the look of the city itself as streets were raised, buildings torn down, and vacant lots filled (Apostles of cleanliness (http://pubs.acs.org/subscribe/journals/mdd/v05/i05/html/05ttl.html).Chesbrough's innovations decreased epidemics and greatly improved public health, although he and his peers still worked within the miasmic paradigm of disease (Apostles of cleanliness (http://pubs.acs.org/subscribe/journals/mdd/v05/i05/html/05ttl.html)."
One of the most pressing problems in public health at this time was water supply. Metropolitan areas were not providing water services that would be acceptable by even the most relaxed standards today.
Drinking water supplies were not being sanitized and in many cases were being drawn from the same water that human waste and raw sewage was being dumped into.
Rapid industrialization and a soaring population burdened the built environment, straining limited water supplies and taxing conventional patterns of waste disposal (U.S. DEPARTMENT of HEALTH, EDUCATION, and WELFARE Public (http://www.ci.newark.nj.us/Water/sewerhistory.htm).Cities were degenerating into unhealthy places putting their residents at risk. For modern cities to survive, they had to implement large public works programs to improve and safeguard public health (U.S. DEPARTMENT of HEALTH, EDUCATION, and WELFARE Public (http://www.ci.newark.nj.us/Water/sewerhistory.htm).Sewer systems, also called the "invisible city," perceptibly altered the shape of the city, allowing it to expand into its modern form (U.S. DEPARTMENT of HEALTH, EDUCATION, and WELFARE Public (http://www.ci.newark.nj.us/Water/sewerhistory.htm)."
Newark tackled the problem by first promoting the construction and use of makeshift restrooms and then implementing a waste disposal system. The next thing the city did was take advantage of the fact that is geographically situated between two bodies of water.
Unfortunately resident privies were often placed in the backyards and their run off would enter the water supplies (U.S. DEPARTMENT of HEALTH, EDUCATION, and WELFARE Public (http://www.ci.newark.nj.us/Water/sewerhistory.htm).
Newark realized how important it was to supply fresh water to its residents and became one of the first large cities in the nation to employ workers who would go through yards in the middle of the night and clean out the outhouses so that there would be no run off or overflow to get into the water supply.
Unfortunately as the city's population continued to explode the problems once again got out of hand and it was not long before waterways were being contaminated by animal carcasses left in streets, and human waste products being openly dumped into the same rivers that residents drank from.
From a public health standpoint this created very unsanitary living conditions under which disease thrived.
To answer the call to action Newark became one of the first U.S. cities to implement a sewer system (U.S. DEPARTMENT of HEALTH, EDUCATION, and WELFARE Public (http://www.ci.newark.nj.us/Water/sewerhistory.htm).
In addition to man-made sewers, the extant streams that once flowed through the city were used as sewer receptacles but were gradually covered over to contain offensive odors (U.S. DEPARTMENT of HEALTH, EDUCATION, and WELFARE Public (http://www.ci.newark.nj.us/Water/sewerhistory.htm).Of these vanished streams, Mill Brook or First River was the largest and most important. Mill Brook was formed by the junction of two smaller brooks near what is now the southern end of Branch Brook Park (U.S. DEPARTMENT of HEALTH, EDUCATION, and WELFARE Public (http://www.ci.newark.nj.us/Water/sewerhistory.htm).By 1863 Mill Brook, as a watercourse, had outlived its usefulness and began to disappear as new streets were laid out above it, until by 1890 the last piece was covered to from the approach to the Clay Street Bridge. Mill Brook still flows today, but it is contained within a twin-tubed sewer, each 6 feet 9 inches high and 9 1/4 feet wide (U.S. DEPARTMENT of HEALTH, EDUCATION, and WELFARE Public (http://www.ci.newark.nj.us/Water/sewerhistory.htm)."
The Board of Trade created a special committee for sanitation concerns that was aimed at improving Newark's sanitation crisis. The committee also addressed the pollution problem as members believed the two elements worked hand in hand to create poor public health statistics.
At the time the committee undertook the issue the city had the highest mortality rate in the nation with 27 out of every 1,000 people dying (U.S. DEPARTMENT of HEALTH, EDUCATION, and WELFARE Public (http://www.ci.newark.nj.us/Water/sewerhistory.htm).
It was between 1894 and 1910 that the city doubled its sewer system size to try to deal with the disposal of waste issue, unfortunately all of the sewage from the sewer system still dumped into the Passaic River, which was used as a main drinking and bathing water supply for the city residents (U.S. DEPARTMENT of HEALTH, EDUCATION, and WELFARE Public (http://www.ci.newark.nj.us/Water/sewerhistory.htm).
By 1919 Newark had sewered over 95%of its improved area, and its mortality rate had dropped nearly 60%(U.S. DEPARTMENT of HEALTH, EDUCATION, and WELFARE Public (http://www.ci.newark.nj.us/Water/sewerhistory.htm)."
The river pollution continued to cause sickness and disease throughout the city so in 1895 the city held a meeting to discuss remedies. The Newark Board of Trade pressured the area residents and communities to restructure their sewer system to dump into New York Bay, which in turn took the waste out to the ocean.
All told the project took until shortly before World War II to complete but once it was done it provided not only a state of the art modern sewer system but also a clean water supply (U.S. DEPARTMENT of HEALTH, EDUCATION, and WELFARE Public (http://www.ci.newark.nj.us/Water/sewerhistory.htm).
History of Public Health's Water Safety program (http://www.metrokc.gov/health/about/history/water.htm)
With all of the urban developments and research with regard to public health and the importance of fresh water supplies and…[continue]
"American Urban History-Public Health Public" (2007, April 25) Retrieved December 4, 2016, from http://www.paperdue.com/essay/american-urban-history-public-health-38253
"American Urban History-Public Health Public" 25 April 2007. Web.4 December. 2016. <http://www.paperdue.com/essay/american-urban-history-public-health-38253>
"American Urban History-Public Health Public", 25 April 2007, Accessed.4 December. 2016, http://www.paperdue.com/essay/american-urban-history-public-health-38253
By 1935, during the Presidency of Franklin Roosevelt, the Social Security Act, "one of the great landmarks in the history of healthcare legislation in the United States" (Couchman, 2001, p. 245), prompted the government to accept some responsibility for the future security of the aged, the handicapped and the unemployed as it relates to healthcare needs. In 1939, the Roosevelt Administration also introduced the Wagner National Health Act which
Public Health Partnerships in Diverse Settings Who was the population of interest at that moment in time? In the article by Carthon, the African-American population in Philadelphia was in focus. At the turn of the last century, 1900, the statistics clearly showed that a much higher percentage of African-Americans ("blacks" is used in the references) were dying due to tuberculosis (TB) than Caucasians ("whites") (Carthon, 2011, 32). In fact the statistics
Further, while some upward mobility did exist, competition among small business entrepreneurs and economic instability caused by depression and financial panics created just as much downward mobility (Ibid. At 58). Housing among the poor in the cities usually consisted of multiple families (as many as 8) living in homes designed for just one. The price of rent was disproportionately high because the numbers of immigrants in the teeming cities kept
Health Reforms Health Rearms For a long time, the Health Care concern has been a centre of discussion in the society as well as among the representatives in a bid to find out which would be the best way to cushion Americans from the ever increasing burden of having to take care of themselves medically. Efforts have been made but still there is no single solution to the issue hence a combined
Chapter II: Review of the Literature in Chapter II, the researcher explores information accessed from researched Web sites; articles; books; newspaper excerpts; etc., relevant to considerations of the disparity in access to health care services between rural and urban residence in Maryland and the impact of the lack of financial resources. The researcher initially accessed and reviewed more than 35 credible sources to narrow down the ones noted in the
" (AAFP, nd) The Health Maintenance Organization further should "…negotiate with both public and private payers for adequate reimbursement or direct payment to cover the expenses of interpreter services so that they can establish services without burdening physicians…" and the private industry should be "…engaged by medical organizations, including the AAFP, and patient advocacy groups to consider innovative ways to provide interpreter services to both employees and the medically underserved." (AAFP,
The Tuskegee Syphilis Study still remains as one of the most outrageous examples of disregard of basic ethical principles of conduct not to mention violation of standards for ethical research. The suspicion and fear produced by the Tuskegee Syphilis Study are still evident today. Community workers often report mistrust of public health institutions within the African-American community. Recently Alpha Thomas of the Dallas Urban League testified before the National Commission