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January 16, 2013
GREGORY C. BONTEMPS, PLAINTIFF,v.SOTAK, ET AL., DEFENDANTS.
Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action brought under 42 U.S.C. § 1983. Defendants Smith and Sotak move to revoke plaintiff's in forma pauperis status. See Dckt. Nos. 40 (motion filed by Smith), 49 (Sotak's joinder in motion). Defendant Sotak also moves to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Dckt. No. 50. For the following reasons, it is recommended that both motions be denied.
I. Motion to Revoke Plaintiff's In Forma Pauperis Status
Defendants request that the court revoke plaintiff's in forma pauperis status because plaintiff has had at least three prior actions dismissed as frivolous, malicious, or for failure to state a claim, and does not meet the "imminent danger" of immediate physical injury exception under section 1915(g). Defendants also contend that plaintiff's in forma pauperis status should be revoked because plaintiff's litigation practices demonstrate that he is an abusive filer. Dckt. No. 40, 49. Plaintiff filed an opposition and defendants filed a reply. Dckt. Nos. 44, 45. Thereafter, plaintiff filed an unauthorized "declaration" in opposition to defendants' motion, Dckt. No. 55, which defendant Smith moves to strike, Dckt. No. 56. The Local Rules provide only for a motion, an opposition, and a reply. E.D. Local Rule 230. Plaintiff neither sought nor obtained court approval before filing his declaration. Accordingly, the undersigned does not consider it in resolving defendants' motion.
A. 28 U.S.C. § 1915(g)
Section 1915(g) provides that:
In no event shall a prisoner bring a civil action or appeal . . . 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.
Pursuant to section 1915(g) a prisoner with three "strikes," meaning prior cases or appeals, brought while the plaintiff was a prisoner that were dismissed as frivolous, malicious, or for failure to state a claim, cannot proceed in forma pauperis. Andrews v. King, 398 F.3d 1113, 1116 n.1 (9th Cir. 2005); see also Moore v. Maricopa County Sheriff's Office, 657 F.3d 890, 893 (9th Cir. 2011) (dismissal for lack of subject-matter jurisdiction does not qualify as a strike for purposes of § 1915(g)).
Whether an action was dismissed because it was frivolous, malicious or failed to state a claim turns on an evaluation of the dismissal order and other relevant information. Id. at 1121; see also Moore, 657 F.3d at 895 (whether dismissal order counts as a strike depends on "reasonable interpretation" of order); O'Neal v. Price, 531 F.3d 1146, 1153-55 (9th Cir. 2008) (disposition of complaint, either with or without prejudice, constitutes a "dismissal" for purposes of section 1915(g)).
Defendants bear the initial burden of producing documentary evidence that allows the court to conclude that the plaintiff has suffered three strikes. Andrews, 398 F.3dat 1120 (because docket records will not always reflect the basis for the dismissal, defendants "must produce court records or other documentation that will allow the district court to determine that a prior case was dismissed because it was 'frivolous, malicious or failed to state a claim.'"). If defendants meet this burden, the burden then shifts to the prisoner plaintiff, who must either explain why a prior dismissal should not count as a strike or show that he satisfies the "imminent danger of serious physical injury" exception to § 1915(g). See id. "[I]t is the circumstances at the time of the filing of the complaint that matters for purposes of the 'imminent danger' exception to § 1915(g)." Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007).
In this case, defendants point to five actions filed by plaintiff that they contend were dismissed as frivolous or malicious and to another five actions filed by plaintiff that they contend were dismissed for failure to state a claim.*fn1 Based on these dismissals, defendants submit that plaintiff has accumulated at least ten strikes for purposes of 28 U.S.C. § 1915(g). As discussed below, however, defendants fail to demonstrate that any of the ten actions qualify as strikes.
First, defendants contend that the following actions were dismissed as frivolous or malicious: (1) Bontemps v. Martinez, 4:95-cv-00766-SBA(N.D. Cal.); (2) Bontemps v. Charter Corporation, 4:95-cv-00254-SBA (N.D. Cal.); (3) Bontemps v. Jacobson,4:95-cv-00329-SBA (N.D. Cal.); (4) Bontemps v. Pilot, 4:95-cv-00052-SBA (N.D. Cal.); and (5) Bontemps v. Plummer, 3:94-cv-01244-SBA (N.D. Cal.). Defendants do not produce the actual dismissal orders for any of these actions. Rather, defendants produce printouts that list the docket entries for the actions and include abbreviated descriptions of those entries. Dckt. No. 40 (Req. for Jud. Notice "RJN")), Exs. 6-10. The printouts for the Martinez and Jacobson cases show only that those cases were dismissed when the court denied plaintiff's application to proceed in forma pauperis. Id., Exs. 6, 8. While an inference might be drawn that the application was denied for the reasons respondent suggests (lack of merit rather than indigency), without the order denying the application, the court cannot evaluate the text of the order to make the required determination. It is defendants' initial burden to produce documentary evidence that the plaintiff has incurred the three strikes. Andrews, 398 F.3dat 1120 Similarly, the printouts for Charter Corporation and Pilot show only that the court denied plaintiff's application to proceed in forma pauperis and that the cases were closed. Id., Exs. 7, 9. The printout for Plummer shows that the case was dismissed approximately one month after the court denied plaintiff's request for class certification and dismissed some of plaintiff's claims with prejudice. Id., Ex. 10. The printouts do not include the court's reasons for either denying plaintiff's applications to proceed in forma pauperis or for dismissing his cases. See id., Exs. 6-10. Courts dismiss cases for any number of reasons and frequently deny applications to proceed in forma pauperis for reasons other than a finding that the action is frivolous, malicious or fails to state a claim. Courts often deny applications to proceed in forma pauperis where they lack jurisdiction for reasons unrelated to the merits, or because of a defect in the application, such as an inadequate showing of indigency. Defendants' representation that these five actions were dismissed as frivolous or malicious is entirely unsupported and the court cannot just assume that any of the five actions was dismissed on those grounds. Accordingly, the court cannot conclude that any of these dismissals count as strikes.
Second, defendants contend that the following actions were dismissed for failure to state a claim: (1) Bontemps v. Kramer, 2:06-cv-02483 (E.D. Cal.); (2) Bontemps v. Kramer, 2:06-cv-02580 (E.D. Cal.); (3) Bontemps v. Polit, 3:95-cv-00765-MMC (N.D. Cal.); (4) Bontemps v. Gray, 2:07-cv-00710-MCE-CMK (E.D. Cal.); and (5) Bontemps v. George, 4:95-cv-00253-SBA (N.D. Cal.). Like the first five dismissals, defendants do not produce evidence showing that any of these dismissals should count as strikes.
Defendants' evidence shows that the two Kramer actions and the Gray action were dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Local Rule 110, after plaintiff failed to file an amended complaint in accordance with the court's orders dismissing plaintiff's complaint with leave to amend for failure to state a claim. RJN, Exs. 1, 2,
5. Defendants contend that these dismissals count as strikes because Ninth Circuit case law does not require that a dismissal order explicitly cite section 1915(g) in order for it to count as a strike. Dckt. No. 40 at 3. Defendants further contend that the dismissals count as strikes because Ninth Circuit case law provides that when a court dismisses a complaint with leave to amend for failure to state a claim, and plaintiff does not take advantage of that opportunity, the court may convert the dismissal of the complaint into dismissal of the entire action. Id. (citing O'Neal, 531 F.3d at 1155). In the two Kramer actions and the Gray action, however, the court did not "convert" the dismissal of the complaint into dismissal of the entire action. Rather, the court dismissed the actions pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Local Rule 110. Rule 41(b) permits involuntary dismissal for plaintiff's failure to prosecute, to comply with the Rules, or with a court order. Local Rule 110 permits the imposition "of any and all sanctions authorized by statute or Rule or within the inherent power of the Court" for the failure of counsel or a party to comply with the Local Rules on any court order. Although the order of dismissal need not cite to section 1915(g) for it to qualify as a strike, it will only so qualify if it can be reasonably interpreted as being premised on one of the reasons enumerated in section 1915(g). See Moore, 657 F.3d at 895. Here, defendants have not demonstrated how these dismissal orders can be reasonably interpreted as being premised on a reason listed in section 1915(g). See Keeton v. Cox, No. CIV-S-06-1094, 2009 U.S. Dist. LEXIS 19617, at *17 (E.D. Cal. Mar. 12, 2009) ("That plaintiff did not accept the invitation to recast his complaints does not render the ultimate dismissals, as articulated by the respective presiding judges, determinations that the actions did not state claims and thus could not have moved forward.").
For the Polit and George actions, defendants again produce only the docket printouts. RJN, Exs. 3, 4. The printouts show that the court dismissed Polit for failure to prosecute pursuant to Rule 41(b) and that the court dismissed George approximately two months after dismissing the complaint with leave to amend. Defendants' evidence does not show that either action was dismissed for failure to state a claim. If, as defendants contend, the actions were dismissed for the reasons they assert, defendants could, and should have obtained and submitted the documentation to establish that fact.
Accordingly, defendants' motion to revoke plaintiff's in forma pauperis status pursuant to § 1915(g) must be denied.
B. Pattern of Abusive Litigation in Forma Pauperis
Defendants also argue that plaintiff's in forma pauperis status should be revoked because he is an "abusive filer." The "court has the inherent power to restrict a litigant's ability to commence abusive litigation in forma pauperis." Visser v. Supreme Court of California, 919 F.2d 113, 114 (9th Cir. 1990) (citing In re McDonald, 489 U.S. 180 (1989). In Visser, the court denied the petitioner leave to proceed in forma pauperis because he had "engaged in a pattern of litigation which [was] manifestly abusive." Id. (explaining that in the previous sixteen months, petitioner had sought leave to proceed in forma pauperis in eleven mandamus actions where the petitions consisted of "vague rambling diatribes"). If it were properly established that plaintiff had ten or more actions dismissed as frivolous, defendants' argument might warrant dismissal. But defendants have not provided the necessary documentation to support the argument. As discussed below, defendants' evidence of plaintiff's litigation history does not demonstrate that the court should revoke plaintiff's in forma pauperis status.
Defendants' evidence shows that plaintiff has filed five appeals with the U.S. Court of Appeals for the Ninth Circuit. RJN, Ex. 13 (listing appeals filed in 1991, 1993, 1995, 1996, and 1999). Aside from showing that at least three of the appeals were tied to habeas corpus proceedings, defendants' evidence does not demonstrate what issues plaintiff raised in these appeals. Consequently, there is no way for the court to determine if the appeals resembled the "vague rambling diatribes" described in Visser. Again, if the assertion is true, defendants could, and should have obtained and submitted the appropriate evidence to support this motion. Nor does defendants' evidence show whether plaintiff requested leave to proceed in forma pauperis in those appeals or how the appeals were resolved. This absence of evidence prevents the court from finding that any of plaintiff's appeals demonstrate that he has engaged in "abusive litigation in forma pauperis," or that he is otherwise ineligible to proceed in forma pauperis. See Visser, 919 F.2d at 114.
Plaintiff's litigation history also shows that in 1998 and 2007, he filed habeas petitions in federal district court. RJN, Ex. 13 (numbers 2 and 10 on the Pacer Case Locator Printout). Once again, defendants' evidence does not show whether plaintiff requested in forma pauperis status in either action or how the court resolved either petition. Therefore, defendants fail to show why either habeas action demonstrates that the court should restrict plaintiff's ability to proceed in forma pauperis.
Plaintiff's litigation history also shows that between the years of 1994 and 1995, plaintiff filed fourteen civil actions in federal district court. RJN, Ex. 13 (numbers 11-24 on the Pacer Case Locator Printout). As to six of those cases, defendants' evidence does not show whether plaintiff requested leave to proceed in forma pauperis, or how the court resolved the cases. See id. (numbers 13, 15-18, 23 on Pacer Case Locator Printout). In another five cases, the record shows that the court dismissed actions in which plaintiff had requested leave to proceed in forma pauperis. Id., Exs. 6-10; see also RJN, Ex. 13 (numbers 11, 20-22, 24 on Pacer Case Locator Printout). However, it is not clear from the record exactly why the court closed any of these five cases and it is defendants' burden to provide the documentation necessary to make such a determination. See id., Exs. 6-10 (docket printouts showing only that the court denied the in forma pauperis application and/or dismissed the case).In another case, defendants' evidence shows that the court granted defendants' summary judgment motion, which plaintiff did not oppose, and then dismissed the case. See id., Ex. 11 (docket printout); see also id., Ex. 13 (number 12 on Pacer Case Locator Printout). Lastly, plaintiff requested leave to proceed in forma pauperis in two cases that the court dismissed because of plaintiff's failure to prosecute. See id., Exs. 3, 4 (docket printouts); see also id., Ex. 13 (numbers 14 and 19).
Plaintiff filed fourteen actions in the years 1994 and 1995. That history certainly suggests that plaintiff is litigious. But that history alone, with nothing in the record to show that plaintiff's filings in these fourteen cases amounted to a pattern of abusive litigation, fails to meet defendants' burden on this motion. Defendants contend that the "sheer volume" of plaintiff's filings and the fact that he "has yet to prevail" in any action, is enough to deem him an abusive filer. Dckt. No. 40 at 5-6. But defendants do not actually submit evidence showing that plaintiff has never been successful in litigation. See id. at 6 (citing to RJN, Ex. 13, which merely includes the date a case was closed, but no explanation as to why). Regardless, the court is not inclined to revoke plaintiff's in forma pauperis status absent a showing of a continued pattern of abusive litigation in the fourteen years preceding plaintiff's filing of the instant action.
More recently, plaintiff filed four civil actions in federal district court. See RJN, Ex. 13 (numbers 3-6, listing cases filed in 2006 and 2007). In those actions, plaintiff requested leave to proceed in forma pauperis, and the cases appear to have been dismissed for plaintiff's failure to prosecute. Id., Exs. 1, 2, & 5 (each dismissed after plaintiff failed to file an amended complaint), 12 (dismissed after plaintiff failed to file an amended complaint or submit documents for service of process). Defendants, citing to Bell v. Dikin, No. 1:10-cv-1346-OWW-GBC, 2011 U.S. Dist. LEXIS 37263, at *6 n.1 (E.D. Cal. Apr. 4, 2011), contend that "Plaintiff's practice of litigating an action for months, or even years, and then allowing the action to be dismissed for failure to prosecute, also shows that Plaintiff is an abusive filer." Dckt. No. 40 at 6. In Bell, the court found that the plaintiff had demonstrated a pattern of abusive filing where he had, on several occasions, brought an action to the point of trial and then failed to prosecute the case. Bell, 2011 U.S. Dist. LEXIS 37263, at *6. Finding that the plaintiff had at least three strikes for purposes of § 1915(g), the court revoked the plaintiff's in forma pauperis status. See id. at *10. Here, however, defendants have not demonstrated that plaintiff engaged in such an abusive pattern or that he is otherwise subject to § 1915(g). Rather, the record shows that despite being given the opportunity to ameliorate the defects in his complaints, he simply chose not to. This is not grounds for revoking plaintiff's in forma pauperis application. See Keeton, 2009 U.S. Dist. LEXIS 19617.
Finally, defendants's evidence shows that in 2010 and 2012, plaintiff filed two civil actions in federal district court. RJN, Ex. 13 (numbers 8, 9 on Pacer Case Locator Printout). Those actions are still pending and nothing in the record suggests that they establish a pattern of abusive litigation by plaintiff.
In sum, defendants have not produced the documentary evidence to show that plaintiff's litigation history should result in the revocation of his in forma pauperis status.
Defendants also note that plaintiff misrepresented his litigation history in his Second Amended Complaint, which has since been superceded, because plaintiff stated that he had only one previous or pending lawsuit in addition to this case. Dckt. No. 40 at 6 (citing Dckt. No. 17). The court will not sanction plaintiff for his failure to disclose prior lawsuits, but if he intentionally misleads the court in the future, he will be sanctioned accordingly. Plaintiff is admonished that failure to comply with the Federal Rules of Civil Procedure, the court's Local Rules, or orders of this court "may be grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or within the inherent power of the Court." Local Rule 110. Pro se plaintiffs are subject to the same rules of procedure as other litigants. King v. Atiyeh, 814 F.2d 565, 567 (1987).
II. Motion to Dismiss for Failure to State A Claim
Defendant Sotak moves to dismiss plaintiff's Fifth Amended Complaint, or in the alternative, his Fourth Amended Complaint, for failure to state a claim upon which relief can be granted. Dckt. No. 50. Plaintiff filed an opposition, and defendant filed a reply. Dckt. Nos. 57,
58. As discussed below, defendant's motion must be denied.
A. Background
On October 13, 2011, after four dismissals pursuant to 28 U.S.C. § 1915A, see Dckt. Nos. 9, 16, 19, 22, plaintiff filed a Fourth Amended Complaint, Dckt. No. 24. It alleges that after being attacked by another inmate, defendant Sotak took away plaintiff's air cast, which he needed for his fractured right foot, and that defendants Smith and Sotak also took away his back brace, which he needed for a spinal injury. It further alleges that despite being mobility impaired and having a chrono for a wheelchair, defendants Smith and Sotak took this from plaintiff too. Plaintiff claims that defendants Smith and Sotak failed to provide him with medical care and that their medical opinions were shaped by the requests of custody staff. Plaintiff alleges he was without his wheelchair, back brace, and air cast for seventeen months. Id. at 38. He claims that this caused him pain and further injury, because he was housed on the second floor and had difficulties traversing the stairs, and because he had to rely on other inmates to lift him to walk, which hurt his back, especially because he did not have his back brace. Id. at 39.
The court found, for the limited purposes of § 1915A screening, that the Fourth Amended Complaint stated a potentially cognizable Eighth Amendment claim against defendants Smith and Sotak for deliberate indifference to plaintiff's medical needs. Dckt. No. 25. The court also recommended that plaintiff's claims against defendants Cannon, Tidwell, and Slayball be dismissed, because despite several opportunities to amend, plaintiff was unable to allege a cognizable claim against them. Id. On April 16, 2012, the assigned district judge dismissed defendants Cannon, Tidwell and Slayball. Dckt. No. 41.
On April 23, 2012 and August 3, 2012, plaintiff filed amended complaints. Dckt. Nos. 42 (Fifth Amended Complaint), 52 (Sixth Amended Complaint). Rule 15(a)(1) of the Federal Rules of Civil Procedure provides that "[a] party may amend its pleading once as a matter of course within: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier." Rule 15(a)(2) provides that "[i]n all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires."
Here, plaintiff had already amended his complaint four times. See Dckt. Nos. 14, 17, 20, 24. Thus, he was not free to amend his complaint without leave of court or defendants' written consent.*fn2 Construing plaintiff's amended complaints as motions to amend in accordance with Rule 15(a)(2), they must be denied, as the proposed amendments are both improper and futile.
In the Fifth Amended Complaint, plaintiff does not name either Sotak or Smith as defendants. Dckt. No. 42. Unless plaintiff wishes to abandon his claims against Sotak and Smith, the Fifth Amended Complaint does not comply with the requirement that it be written or typed so that it is complete in itself without reference to any earlier filed complaint. E.D. Cal., L.R. 220. This is required because an amended complaint supersedes any earlier filed complaint, and once an amended complaint is filed, the earlier filed complaint no longer serves any function in the case. See Forsyth v. Humana, 114 F.3d 1467, 1474 (9th Cir. 1997) (the "'amended complaint supersedes the original, the latter being treated thereafter as non-existent.'") (quoting
Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967)). Additionally, the Fifth Amended Complaint is inconsistent with this court's orders, as it names as defendants Cannon, Tidwell and Slayball, who were previously dismissed from this action. Dckt. No. 41. The proposed amendments in the Fifth Amended Complaint are also futile because once again, they are so vague and conclusory that they fail to state a cognizable claim for relief. See Dckt. No. 42.
In the Sixth Amended Complaint, plaintiff names Ron Barnes as a defendant and claims he was subjected to an improper search. Dckt. No. 52. Again, the pleading is not complete in itself without reference to an earlier filed complaint. Moreover, the allegations are improper because plaintiff may not change the nature of this suit by alleging new, unrelated claims in an amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no "buckshot" complaints); Fed. R. Civ. P 20(a). If plaintiff wishes to pursue an unrelated claim against Ron Barnes, he must commence a new civil action after exhausting his available administrative remedies.
For these reasons, plaintiff's Fifth and Sixth Amended Complaints are stricken, and this case proceeds on the Fourth Amended Complaint and the court addresses below the motion to dismiss as it relates to that complaint. Absent leave of court, plaintiff may not further amend his complaint.
B. Rule 12(b)(6) Standard
To survive a motion to dismiss under Fed. R. Civ. P. 12(b)(6), a complaint must contain "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007); id. at 554-56, 562-63 (stating that the 12(b)(6) standard that dismissal is warranted if plaintiff can prove no set of facts in support of his claims that would entitle him to relief "has been questioned, criticized, and explained away long enough," and that having "earned its retirement," it "is best forgotten as an incomplete, negative gloss on an accepted pleading standard"). Thus, the facts pleaded in the complaint must amount to "more than labels and conclusions" or a "formulaic recitation of the elements of a cause of action." Id. at 555. Instead, the "[f]actual allegations must be enough to raise a right to relief above the speculative level on the assumption that all the allegations in the complaint are true (even if doubtful in fact)." Id. (internal citation omitted). Dismissal may be based either on the lack of cognizable legal theories or the lack of pleading sufficient facts to support cognizable legal theories. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).
The complaint's factual allegations are accepted as true. Church of Scientology of Cal. v. Flynn, 744 F.2d 694, 696 (9th Cir. 1984). The court construes the pleading in the light most favorable to plaintiff and resolves all doubts in plaintiff's favor. Parks Sch. of Bus., Inc. v. Symington, 51 F.3d 1480, 1484 (9th Cir. 1995). General allegations are presumed to include specific facts necessary to support the claim. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992).
The court may disregard allegations contradicted by the complaint's attached exhibits. Durning v. First Boston Corp., 815 F.2d 1265, 1267 (9th Cir. 1987); Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1295-96 (9th Cir.1998). Furthermore, the court is not required to accept as true allegations contradicted by judicially noticed facts. Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001) (citing Mullis v. U.S. Bankr. Ct., 828 F.2d 1385, 1388 (9th Cir. 1987)). The court may consider matters of public record, including pleadings, orders, and other papers filed with the court. Mack v. South Bay Beer Distributors, 798 F.2d 1279, 1282 (9th Cir. 1986) (abrogated on other grounds by Astoria Fed. Sav. & Loan Ass'n v. Solimino, 501 U.S. 104 (1991)). "[T]he court is not required to accept legal conclusions cast in the form of factual allegations if those conclusions cannot reasonably be drawn from the facts alleged." Clegg v. Cult Awareness Network, 18 F.3d 752, 754-55 (9th Cir. 1994). Nor need the court accept unreasonable inferences, or unwarranted deductions of fact. Sprewell, 266 F.3d at 988.
Pro se pleadings are held to a less stringent standard than those drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520-21 (1972). Unless it is clear that no amendment can cure its defects, a pro se litigant is entitled to notice and an opportunity to amend the complaint before dismissal. Lopez v. Smith, 203 F.3d 1122, 1127-28 (9th Cir. 2000) (en banc); Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987).
C. Discussion
To state a claim for violation of the Eighth Amendment based on inadequate medical care, plaintiff must allege "acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs." Estelle v. Gamble, 429 U.S. 97, 106 (1976). To show deliberate indifference, the prisoner must establish that the defendant knew of and disregarded an excessive risk to inmate health or safety; "the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference." Farmer v. Brennan, 511 U.S. 825, 837 (1994). It is well established that mere differences of opinion concerning the appropriate treatment cannot be the basis of an Eighth Amendment violation. Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1996); Franklin v. Oregon, 662 F.2d 1337, 1344 (9th Cir. 1981).
Defendant contends that plaintiff's claim against him should be dismissed with prejudice because the facts alleged in the Fourth Amended Complaint fail to show deliberate indifference or that he was exposed to a substantial risk of serious harm or suffered an injury. Defendant also points to a medical record, apparently drafted by defendant Sotak, that is attached as an exhibit to plaintiff's complaint. The exhibit includes a notation stating that plaintiff would be provided with a "post op walking shoe," and that plaintiff did not need his air cast. See Dckt. No. 24 at
25. Defendant argues that plaintiff's claim should be dismissed as a result because it does not allege facts to show that this alternative treatment was anything more than difference of opinion.
"As a general rule, 'a district court may not consider any material beyond the pleadings in ruling on a Rule 12(b)(6) motion.'" Lee v. City of Los Angeles, 250 F.3d 668, 688 (9th Cir. Cal. 2001) (citation omitted)). However, when a complaint is accompanied by attached documents, such documents are deemed part of the complaint and may be considered in evaluating the merits of a Rule 12(b)(6) motion. Durning v. First Boston Corp., 815 F.2d 1265, 1267 (9th Cir. 1987), cert. denied sub. nom. Wyoming Community Dev. Auth. v. Durning, 484 U.S. 944 (1987). Just because plaintiff attached this medical record to his complaint does not mean that he has adopted as true all of the statements in the document, especially given that the exhibit consists of factual assertions by defendant, not plaintiff. See Furnace v. Sullivan, No. C-07-4441-MMC, 2008 U.S. Dist. LEXIS 93464, at *13-14 (N.D. Cal. Nov. 10, 2008) (citing Gant v. Wallingford Bd. of Educ., 69 F.3d 669, 674 (2d Cir. 1995)). Moreover, the complaint does not allege that defendant offered plaintiff an alternative treatment.
Defendant may, at a later stage of the litigation, choose to test the sufficiency of plaintiff's evidence to prove his allegations, as well as the sufficiency of plaintiff's evidence to dispute defendant's factual claim that alternative treatment was offered. But this instant motion is brought under Rule 12(b)(6) and is not the procedure for disputing the facts alleged in the complaint. Jackson v. Carey, 353 F.3d 750, 755 (9th Cir. 2003) (on a motion to dismiss, "[t]he issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims. Indeed, it may appear on the face of the pleadings that a recovery is very remote and unlikely but that is not the test."). Rather, at this stage in the proceedings, the court must take the factual allegations in plaintiff's complaint as true and construe them in a light most favorable to the nonmoving party. Galbraith v. County of Santa Clara, 307 F.3d 1119, 1121 (9th Cir. 2002). The issue here is whether the facts alleged, if true, would entitle plaintiff to relief on the claim asserted.
Accepting the truth of plaintiff's allegations, the complaint alleges more than a mere "difference of opinion." It alleges that after plaintiff was involved in an altercation with another inmate, defendants made decisions about plaintiff's medical care not based on plaintiff's serious medical needs, but instead, based on requests from custody staff. See, e.g., Gonzalez v. Garbarino, No. C 11-5561 CW, 2012 U.S. Dist. LEXIS 51723, at *3 (N.D. Cal. Apr. 12, 2012) (liberally construed, plaintiff's allegations that defendant doctors' medical decisions were based on pressure they received from custody staff stated cognizable claim for deliberate indifference).
It further alleges that those decisions caused plaintiff to experience pain and further injured him. It alleges that plaintiff faced a substantial risk of harm because the medical devices that were required for his injuries, which included a back injury and a fractured foot, were taken from him for an extended period of time and for reasons that were not medically indicated. See, e.g., Womack v. Bakewell, No. CIV S-10-2778 DAD P, 2011 U.S. Dist. LEXIS 144514, at *17 (E.D. Cal. Dec. 14, 2011) ("If proven, the defendants' alleged denial of plaintiff's requests for an assistive device and/or defendants' alleged interference with plaintiff's prescribed medical care could very well amount to a violation of plaintiff's constitutional rights") (citing Estelle, 429 U.S. at 104-05); Lavender v. Lampert, 242 F. Supp. 2d 821, 849 (D. Or. 2002) (depriving mobility impaired inmate of wheelchair and appropriate footwear, while he continues to suffer pain and injury, may constitutes deliberate indifference). Plaintiff has set forth sufficient allegations to proceed on his claim that defendants were deliberately indifferent to his medical needs.
Defendant also moves to dismiss plaintiff's state law claims for failure to comply with the California Tort Claims Act. Dckt. No. 50 at 6. There are no state law claims to dismiss because the court did not identify any state law claims in its screening order, and because plaintiff does not argue in his opposition that he intends to proceed with any state law claims. Dckt. Nos. 25, 57. See E.D. Cal. L.R. 230(l) (failure to oppose may be deemed waiver of any opposition).
III. Order and Recommendation
Accordingly, it is hereby ORDERED that:
1. Defendant Smith's motion to strike (Dckt. No. 56) is granted in that plaintiff's August 4, 2012 filing (Dckt. No. 55) is disregarded.
2. Plaintiff's Fifth and Sixth Amended Complaints (Dckt. Nos. 42, 52) are stricken.
Further, it is hereby RECOMMENDED that:
1. Defendants' motion to revoke plaintiff's in forma pauperis status (Dckt. No. 40) be denied.
2. Defendant Sotak's motion to dismiss for failure to state a claim (Dckt. No. 50) be denied.
3. Defendants Smith and Sotak be directed to file a responsive pleading in accordance with the requirements set forth in Rule 12 of the Federal Rules of Civil Procedure.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Comic Book History Lessons
20 simbi per session - Virtual OK
Want to dive into comic books and see what all the fuss is about? I'm happy to guide you through some of the biggest stories and suggest readings. I can tailor to whatever
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Years of reading comics in addition to taking classes on the subject.
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An excellent springboard! Gave just enough feedback! Can't wait to get writing
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subset: commoncrawl


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Just in time for Valentine's day, this small wood box with fruitwood or maple finish is available. The box measures 3 3/8" tall with lid and 3" in diameter. The lid fits tightly and pulls off. The center of the lid has a rose and cupid image. This was originally a powder box. When I acquired it, it had a puff that was disintegrating. It was so light and fluffy, I am not sure of the material. This is very early, possibly before 1900. It has some wear, but really in nice condition.
Variety: Of Antiques & Collectibles. Pottery, China,- Pottery. Tins, Boxes, Paintings, Prints
Reasonable OFFERS will be considered on all items, even those items previously marked down. Temporary, Take advantage.


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Visit Dunelm Weston-super-Mare for a great range of soft furnishings and homewares including bedding, curtains, blinds and electricals. Situated on the Weston Retail Park off the A370, the Weston-super-Mare super store has free parking plus an in store coffee shop and baby changing facilities. This store has a Dunelm made to measure service and sells also fabric by the metre.
Company websites
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29th August 2012
Well this is exciting. Very exciting, in fact.
Canon have today announced the EOS C100, which is the AVCHD recording baby brother of the ubiquitous EOS C300.
When DSLR shooting went nuclear over the last few years, there has been a clamour for Canon to take the large sensor of DSLR and optimise it for video shooters. The C300 was the first answer to this, but with its 50 mega bit per second recording and £9K price tag it was squarely aimed at shooters working for broadcasters. There was a sense within the DSLR community that the camcorder wasn't quite the low price/large sensor camcorder that would allow them to progress to a fully-fledged video camera.
Well, DSLR people…your time has come. The Canon C100 is slated for release in mid-late November and represents the ideal step up from DSLR shooting. Here are the key features:
- Same Super 35mm Sensor as the C300 with EOS mount
- AVCHD recording at 24mbps 4:2:0, 25/24P and 50i/60i, to SD card
- Uncompressed output from HDMI
- 2 x XLR Inputs
- Canon Log Gamma for widest possible dynamic range
- New Auto Functions…this is interesting, in 2013 support will be added for "continuous, automatic focus and iris adjustment". It is clear from this that Canon feel the C100 will be used by self-shooters as these functions will certainly make things easier for those working mostly by themselves without the benefit of a crew.
So those are the features: What of the design and ergonomics? Well, it looks like a condensed C300 body with the LCD screen incorporated into the body itself rather than being a separate module. The handle incorporates the XLR inputs which then connect to the body just like the C300. I'm a fan: It makes the whole package nice and compact whilst still maintaining the modular nature of the rest of the Cinema EOS range.
Speaking of "the range"…the Cinema EOS range feels complete with this new addition. You have the C100 now right at the beginning of the range and designed for the post-DSLR shooter, the C300 is for the broadcast crowd who need the higher bitrate, and then you have the upcoming C500 for the commercial and cinema sector. Add to this the curious full-frame/4K motion JPEG 1DC and you have quite an arsenal now from Canon. And to think this all started with adding video to a DSLR!
We now have the C100 on our website with some preliminary pricing. We hope to get our hands on a pre-production model at the IBC Exhibition next week!
Today's blog by Stuart


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But is this the case?
But let's assume that it is a word divider. Does this prove that the inscription could not have been faked from Masonic texts? No, it does not.
In the 1870 book Freemasonry in the Holy Land, published in the United States and distributed to Masonic lodges, Robert Morris makes two important statements about the Moabite Stone that directly impact whether a Masonic forger could have placed a word divider in the Bat Creek inscription.
First, the Moabite inscription proved, he said, that "the Semitic alphabet was the Phoenician" due to the strong similarities. (Cyrus Gordon, McCulloch's predecessor, later identified the Bat Creek alphabet as "Caananite.") Second, he stated that "punctuation was carefully observed in old writings, so far as to separate by marks both words and sentences." The following image or the Mesha Stele, from his text, demonstrates that the style and shape of the letters, along with word divider marks, were well-known in the 1870s and 1880s and was thus not a twentieth-century discovery.
A reasonably perceptive forger would note that this new discovery superseded the reconstructed paleo-Hebrew of the 1868 engraving. It is a short step from there to adding a word divider and some random Maobite characters to make the forged inscription harmonize more closely with newly-established facts. Given that even Cyrus Gordon found some of the characters on the Bat Creek inscription "problematic" (the first two are uncertain, though to me they look like they were drawn from the Maobite Stone), it is not impossible that a forger used parts of Macoy's paleo-Hebrew drawing with extra characters from the Moabite Stone to compose a hoax text.
Is this conclusive proof that the inscription is forged? No, but it removes one obstacle to declaring it a forgery as it can no longer be asserted that a Victorian forger with access to Masonic texts could not have known to use a word divider.


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Having unwanted fat in different areas of your body can have a considerable influence on your health and self-esteem. While traditional weight reduction through workout and diet plan is an excellent way to lose weight overall, even the best workouts cannot target issue areas like the belly, inner thighs, arms, and buttocks. Liposuction is a time evaluated treatment that is utilized to eliminate excess fat from specific locations of the body, allowing a specific to shape and contour their body to their preference. Is liposuction right for you? Learn now.
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Bioconcepts CLA 1000mg
Guide price: £5
Last updated on 25th Sep 2014
Tags: cla supplements
Bioconcepts CLA 1000mg
Conjugated linoleic acid (CLA) has been shown to reduce body fat mass (BFM) in animals. To investigate the dose-response relationships of conjugated linoleic acid with regard to BFM in humans, a randomized, double-blind study including 60 overweight or obese volunteers (body mass index 25–35 kg/m2) was performed. The subjects were divided into five groups receiving placebo (9 g olive oil), 1.7, 3.4, 5.1 or 6.8 g conjugated linoleic acid per day for 12 wk, respectively.
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It can be used to treat conditions affected by serotonin, such as depression, insomnia, obesity and other conditions. Eating more foods with tryptophan does not increase the amount of 5-HTP in the body. However 5-HTP produced commercially from the sees of Griffonia simplicifolia, a type of African plant, can be taken as a supplement.
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25th September 2014 @ 14:38


text: Brazzil November 1998 Music Life School Ilê Aiyê means house of life in Yoruba. Ilê Aiyê is also a musical group and a way of thinking and appreciating the black way of life. In Bahia the group is an institution and Vovô, its founder and director, an inspiration. Kirsten Weinoldt I could hardly believe my own eyes, when I read the phone message the desk clerk at Hotel do Farol in Salvador, capital of the state of Bahia, handed me. Conceição Boaventura, producer of Ilê Aiyê, had called and requested that I call her back. She spoke no English, but I understood that she was asking me if I would like to interview Antônio Carlos dos Santos, Vovô, the director of Ilê Aiyê, a musical group, one of whose CDs I had bought a couple of years earlier and enjoyed very much. I had even attended one of their rehearsals in the old house of detention in Barbalho, a neighborhood of Salvador. I asked her if that's where she wanted me to meet Senhor Vovô, but she explained that they had moved back to Liberdade, and that she would have a car pick me up. I had but two days to research the group and come up with appropriate questions of the man I had seen in Barbalho on a couple of occasions—a tall, dark man whose shy demeanor was apparent. Though a musical group, Ilê Aiyê, whose name is a Yoruba phrase that means House of Life, has a more important focus, namely of the appreciation of the black way of life. Furthermore, it stresses self-esteem of its members through education and training in music and Afro-Brazilian traditions. Ilê Aiyê was founded on November 1st 1974 by Vovô and his friend, the late Apolônio de Jesus. They chose the neighborhood of Liberdade, Freedom, for the headquarters of their movement. Liberdade was settled by former slaves after the abolition of slavery in 1888 to celebrate their newly found liberty. However, as is the case with many groups with no political influence, its people are largely overlooked and neglected by local and national politicians as well as sponsors. When Vovô founded Ilê Aiyê, he took on his shoulders a lifetime of commitment to improve the conditions of his neighborhood of some 400,000 people as well as those of all Brazilians of African descent. Music is the main argument of Ilê Aiyê. At Carnaval in 1975, it became the first Afro bloco, Afro group, to march in a Carnaval parade. The Associação Cultural Bloco Carnavalesco Ilê Aiyê, Cultural Association Carnaval Group Ilê Aiyê has as its aim to preserve the Afro culture in Brazil. During the past 24 years, the organization has been responsible for awakening within the black population of Bahia, the awareness of its African roots. And at the center of it all is Mãe Hilda, mother of Vovô, and mãe de santo, priestess, of Candomblé. She is the spiritual leader and foremost authority of Ilê Aiyê. Inspired by the Black Power movement of the United States and the struggle for independence in many African nations, the backbone of the movement is to be found in Candomblé, the religious expression brought from Africa under the most horrendous of circumstances—that of the slave ships with their inhumane cargo. In spite of opposition from slave owners and other hardships endured, the survivors managed to preserve tradition, religion, music, and language, which today is part of the Portuguese spoken by some 160 million Brazilians. Every Brazilian, however far removed from African descent, now uses expressions brought by people hundreds of years ago, who had nothing left but the contents of their minds. The Afro-Brazilian organization begun by Ilê Aiyê spawned many other similar groups in the 70s and 80s. They helped spreading the word and rhythm of Afro-Brazil around their own country as well as throughout the world. Even the most mainstream of musicians in Brazilian Popular Music, MPB, have been touched by those rhythms. People like Caetano Veloso, Lecy Brandão, Gilberto Gil, and Martinho da Vila, have included the influence in their own work. CLICK ON THE WEB ADDRESS FOR MORE - AND THERE IS PLENTY MORE! www.brazzil.com/musnov98.htm PEACE! ISAIAH


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International Trader Precious Stone - Canadaprice: contact company for price
able to supply to anywhere in the world. We supply Amethyst, Aquamarine,
Peridot, Tiger Eye, Sunstone, Tourmaline, Moonstone, Emrald, Saphire and
many more.
International Trader Precious Stone
Please see our contact information below
Company Contact:
- Posted By: Choice Global Trading
- Phone: 6472398950
- Address: 3266 Weston Road, Unit 317, Toronto, ON, Canada
- Email:
- Website: http://www.chglobaltrading.com
Published date: September 7, 2012 -
- Business Description: involved in international trade import export of goods, products, and services
Related listings
Green Nephrite And More Precious Stones Available In A Huge AmountPrecious Stones - Mohmand Minerals - Pakistan - November 17, 2015 - contact company for price
Respected buyers we have a huge amount of GREEN NEPHRITE and seeking for serious buyers all around the world. Also we are selling Marble tiles of various colors and size. We have our own mining of CALCITE in white and honey color. We are dealing for ...
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|Free Republic 4th Quarter Fundraising Target: $88,000
|Receipts & Pledges to-date: $88,334
|Woo hoo!! OVER THE TOP!! Congratulations, everyone!! Great job!! Thank you all very much!! God bless.
Posted on 04/25/2012 9:33:28 AM PDT by Jim RobinsonEdited on 04/25/2012 10:15:34 AM PDT by Jim Robinson. [history]
click here to read article
"Two years ago, we made history together by finally passing health reform, and because we passed this law, insurance companies will now have to cover basic preventive care--
things like prenatal care, mammograms, contraception--at no extra cost."
~Michelle Obama
Evening Onyx!!!!!!
Hi, moose! Take your time. :)
~Allen West
How ya doing doing? So GOOD to see you! Didn't mean to imply you're dead! Meant as WINNER'S TROPHY!
~Ronald Reagan"
Help support Free Republic
please click the pic
thank you for all you do, Mr. Robinson. and thank God for Free Republic.
for some time now (since the landslide, conservative tea party led, victory of 2010 followed by the abject republican failure of the lameduck), i've considered myself part of a defacto, conservative party. i think we've done our best to revive the R-party, but with the nomination of romney, it seems hopeless that we will ever have representation there. but His will be done.
i hope now that the final curtain is ringing down on the moribund RINO-party, that the shards of the conservative movement will soon unite and form a fresh, new conservative party. again, His will be done.
for now, i'll throw whatever resources i can spare into support for individual candidates i judge to be truely conservative, whatever their party. we'll need those conservatives to retard the statism from romney or most likely obama for the next four years.
You're not going to have to worry about holding his feet to the a fire. Liberal light will not beat the real deal. Romney can not get enough conservatives to the polls to put him over. Aint gonna happen. Karl Rove's sacrificial lamb to the establishment. McCain redux. And unless a real conservative gets on the ticket in 2016 look for Hillary Clinton to be elected, even though she'll be pushing 70 years old. If Palin is the nominee she can win. Four more years of Obama will turn this the nation's capital into
Moscow on the Potomac. All because the RINOs that control the GOP hated conservatives and once again threw the election to a socialist.
Everytime I see that I will hear Alice Kramden. :-)
America's choice:
Obama or Mitt
Speedy or Slowmo . . . on the path to socialism and godlessness.
"Believe me, Barack knows what it means when a family struggles.
Believe me, he knows what it means when someone doesn't have a chance to fulfill their potential, and how much that hurts.
Those are the experiences that have made him the man and the president he is today."
~Michelle Obama
Above all, we must realize that no arsenal, or no weapon in the arsenals of the world, is so formidable as the will and moral courage of free men and women. It is a weapon our adversaries in today's world do not have.
She's wrapped in pink Saran Wrap???
"I usually make up my mind about a man in ten seconds, and I very rarely change it."
~Margaret Thatcher
We are spending millions and millions on these grifters. This may be the most successful scam in the history of politics in this country.
~Ronald Reagan
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Thank you for your support!
But the sheep are enjoying TV and being lulled by the evening news. ;-)
Oy. I never watch the "evening news". Idiots, all.
~Ronald Reagan
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Help support Free Republic!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.


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Snail Runner : Shushi's Bar
By David Ortego Lucas
Open iTunes to buy and download apps.
You saw so many runner games.. but not like this one.. Did you ever seen a Snail running over a table filled with shushi food? Dont think so.. Its your time now, download Snail Runner & start brag with your friends about who is the Snail Master Runner inside your Town.
- 2 Kinds of jumps , 2 kinds of gravity.
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What are you waiting for to run with your winkle?
Developed & published by FunDreamStudios.
iPhone Screenshots
- Free
- Category: Games
- Released: 15 December 2010
- Version: 1.0
- Size: 2.6 MB
- Language: English
- Developer: David Ortego Lucas
- © FunDreamStudios
Compatibility: Requires iOS 3.0 or later. Compatible with iPhone, iPad, and iPod touch.


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Humification degrees of a lacustrine sedimentary sequence as an indicator of past climatic changes in the last c. 49 000 years in South China
Wei Zhong (e-mail: email@example.com), Qiaohong Ma (e-mail: email@example.com), Jibin Xue (e-mail: email@example.com), Yanming Zheng (e-mail: firstname.lastname@example.com), Ying Cai (e-mail: firstname.lastname@example.com), Yang-jun OU (e-mail: firstname.lastname@example.com), School of Geography Science, South China Normal University, Guangzhou 510631, China
Zhong, W., Ma, Q. H., Xue, J. B., Zheng, Y. M., Cai, Y. & Ou, Y. J. 2009: Humification degrees of a lacustrine sedimentary sequence as an indicator of past climatic changes in the last c. 49 000 years in South China. Boreas, 10.1111/j.1502-3885.2009.00119.x. ISSN 0300-9483.
An 860 cm long sediment core recovered from Dahu Swamp was used to test the potential of the degree of humification (expressed as the corrected absorbance values, HDcab) of lacustrine sediments as an indicator of past climatic changes in South China. The chronological sequence of this core was established using 10 AMS 14C dates and 10 conventional 14C dates and gives the bottom age of c. 48 800 cal. yr BP. Based on comparisons with multiproxy records, such as lithological variation, organic carbon isotope ratio, organic matter content and dry bulk density, we infer that the HDcab record is sensitive to local hydrological variations that are closely related to the East Asian (EA) summer monsoon precipitation. Higher HDcab values would indicate relatively drier conditions, suggesting a weakening of the EA summer monsoon and vice versa. Based on the HDcab, as well as other multiproxies, the climatic history in the last c. 49 000 years in the swamp area shows agreement with the Chinese stalagmite record and with the 25°N summer solar insolation, implying that orbitally induced insolation may have played a role in the last glacial period (LGP) climate in South China. Several millennial-scale dry phases during the LGP show similarities with the stadials revealed by the ice core record in Greenland and from the Chinese cave stalagmites. Our study demonstrates that the HDcab of lacustrine sediments is a useful proxy of past climatic changes in South China.


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Founded in 1974 MC Construction (Cleveland) Ltd, formerly MC Erection (Northern) Ltd., is a highly respected company with long established relationships with local and national companies, universally recognised throughout the industry for the quality of the work it produces. Reputed for its professional approach and excellence in all aspects of its operation and organisation with particular focus on safety and planning. MC Construction (Cleveland) Ltd has an excellent safety record, which is continually maintained through rigorous standards dictated as company policy.
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Jane McAdams' Profile
My name is Jane, and I am delighted to be doing what I love-- designing stationery for the most important moments in your life. I became passionate about wedding stationery about 3 years ago when planning my own wedding and designing my menus. I now work from home in Alabama, living my dream of selling my invitations full-time. My hope is to provide distinctive and beautiful stationery to suit every couple's style and budget.
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Favorite materials
- Jane McAdams
Madison, Alabama,
United States
Jane McAdams Invitation Design


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Category Archives: Food & Entertainment
Watch out guys – Valentines can be tricky
I'm sure all you women out there are sitting with baited breath hoping your fella will show up tonight dragging a life-sized Teddy Bear into your already cramped digs. Right, girls?
Continue reading
Missing Mardi Gras madness? Not really.
Today I awoke to the reality that for the first time in 30 years I wouldn't rather be in New Orleans than North Mississippi. On gee….what is happening to me? Continue reading
Homebody heaven
Hello, my name is Emily and I'm a homebody. I look for any excuse to stay home especially on cold wintry nights which seem to descend around mid-afternoon this time of the year. A broken bra strap works everytime. Continue reading
Are we having fun yet?
I'm already giving my New Year resolutions a rest – except one: Have More FUN! Yes, I may be a bit shallow, but that's my Numero Uno resolution for 2016. Join me, anyone?


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You are a fan of type kept ? Come to discover the best forums type kept on the internet and share your experience with a community fan of type kept . You can also build a forum type kept and create your online discussion.
Out of Mind ~ As ONE we are UNITED
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True Talent was founded back in June of 2009 for one reason; to bring gamers together. Since then we have kept evolving and changing with the times to keep up with the gaming industry. We currently have a strong group of dedicated members that have k
We are a original Endless-Online Type Server, but more items, NPC's, Maps, and Quests. we hope you enjoy your stay.
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A place for writers of any type (novels, short stories, essays, memoirs, etc) to compare ideas, discuss technique, or get feedback on works in progress.
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This is a description i dont know what to type here i am just trying to create a new form to get along with the website
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if your a pokemon trainer breeder or any type join here there will be a lot of fantastic things happening here
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The Forum where you can be a lawyer fighting for your assignment. You can choose which type of lawyer you want to be, Estate Law to Tax to Property.
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In the forum you can report a player or a moderatorIt makes me type 165 words so ill just type in random things .................................................
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America's Split Windshield Bus Club Forum
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Hi! This is the mario kart website for any type of Mario Kart. Enjoy!!!
In the world of Haradon where all heroes kept to themselves, an alliance was formed...WorldAllianz! Join us in our journey to improve, create bonds, and help!
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Welcome to my forum where you can chat and be kept update to date about anything i do or plan to do in the future
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Free forum : Fullmetal Alchemist Brotherhood is a free forum rp for anyone to use. People will create a character with their own special type of alchemy, choose a job and more !
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For many years, the four elemental guardians kept the volcano asleep without awakening it's anger... Until now...
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Free forum : A political and Combat based RPG Fourm based on the Fate/Zero and Fate/StayNight Series. Take Control of a Magus or Heroic Spirit and fight to obtain the holy grail!
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This highschool is no ordinary highschool most have some type of power wiether Irs demon angel vampire were wolf (twilight version) or some other power.
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Can't find the coordinates to a cool place? Here's this basic coordinate database. Type the correct place name in the search bar, hit search and you will get the coordinates in a second! Not only this, but you can find some info and a picture of the
This is a place where where you can let your inner fanfiction out. Post any fanfiction that comes to mind it does not matter what type of fanfiction.
Second to None Gaming is a gathering of gamers that all like the same type of games and want to hang out together and have a great time.
A forum for story-type roleplay


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Considering that he restructured his contract with the Cincinnati Reds during the off-season and is now signed through 2012, Scott Rolen won't be hanging up his cleats anytime soon. But when he does, the slick-fielding, hard-hitting third baseman should get himself a plaque in Cooperstown.
Rolen's all-around excellence allowed him to compile 62.2 WAR from 1996-2009, ranking in the top 100 all-time among position players. The former Phillie and Cardinal has added another 1.1 WAR to his total in 2010, and with a couple more productive seasons, he should creep his way toward the middle of that top 100 WAR list.
Earlier in his career, Rolen was a prodigious power hitter who routinely put up Isolated Power figures in the .200-.250 range. However, a serious left shoulder injury and subsequent surgery in 2005 sapped Rolen's ability to rap extra-base hits. Save for a resurgent 2006 (.223 ISO), Rolen's pop has been of the doubles variety — he had a .133 ISO in 2007, .169 in 2008 and a .149 mark in 2009. Entering 2010, CHONE and ZiPS projected more of the same for the 34-year-old:
CHONE: .275/.350/.430, .155 ISO, .344 wOBA
ZiPS: .283/.352/.439, .156 ISO, .350 wOBA
Instead, Rolen is raking. He has a .279/.344/.564 triple-slash (.381 wOBA) in 160 plate appearances, with a .286 ISO. Rolen has already popped 10 home runs this year after hitting eight dingers in 2007 and 11 in both 2008 and 2009. His home run per fly ball rate, between 5.4 and 7.4 percent from '07 to '09, is 19.6 percent this season.
As one might expect, Rolen is pulling the ball more and hitting to the opposite field less in 2010. Here are his spray numbers since 2007 (data from Baseball-Reference):
sOPS+ is a stat that compares a player's performance in a given split to that of the league average. It's set on a scale where 100 is average and above 100 means that the batter fared better than most in that split.
It's important to keep in mind that the 2010 numbers are based on less than two month's worth of games, so they're more descriptive than predictive. But thus far, Rolen has been a fantastic pull hitter — 51 percent better than the league average, compared to nine percent above the league average in recent seasons. He's hitting the ball hard up the middle as well. Nothing much happens when Rolen hits to the opposite field, and happily he's going oppo less than 10 percent of the time.
It's highly unlikely that Rolen continues to hit for this much power — if he did, he'd establish a new career-best ISO. But ZiPS thinks he'll remain a useful hitter. For the rest of 2010, Rolen's ZiPS projection is .283/.353/.461 (.358 wOBA), with a .178 ISO. It also can't hurt that Great American Ballpark smiles upon righty pull hitters. According to the 2010 Bill James Handbook, GABP increased HR production for right-handed hitters by 29 percent over the 2007-2009 seasons.
Rolen's Yahoo ownership rate is 44 percent, so he's still on the wire in a lot of leagues. If you're looking for help at the hot corner, you could do much worse.


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text: Custom photo Luggage tag. Design your own free luggage tags! - KLM Free See It! About this Deal Only two tags per person are allowed. Flag this deal Edit deal What's the matter? Choose a reason Dead deal Duplicate Bad link Spam Inaccurate No value Alive again Comments (8) Nov 17, 2009 very easy! Reply Cancel Nov 17, 2009 I need tags and i really liked these Reply Cancel frugalityrocks Nov 16, 2009 Keep getting a runtime error on the photo upload page. Size is only 20kb. It states the max is 2mb. Dont know what the problem is. Darn! I really wanted these. Reply Cancel hemalaa Nov 15, 2009 Thank you for ordering your personal luggage tags and subscribing to KLM eNews! The labels will be sent to you in approximately three weeks. Reply Cancel Nov 14, 2009 it only allowed me to order one. Reply Cancel Nov 14, 2009 i got mine too in the mail the other day!! LLLOOOVVVEEE it! :D good stuff Reply Cancel Nov 13, 2009 it would not download my photos. Reply Cancel mxracer46x Nov 13, 2009 Got mine in mail a few days ago. They turned out really good. Reply Cancel Load More Comments


text: Max Harris: HighMat Honan6/08/12 10:00pmFiled to: SoundtrackMax HarrisHigh71EditPromoteShare to KinjaToggle Conversation toolsGo to permalink "High", from the UK's Max Harris, is the best worst thing since Rebecca Black's "Friday." It hits all the right notes. Autotune. Filmed in an alleyway. Drug references by a minor. Sweatpants. I can't help but think this is self-aware parody. Advertisement "I'm on a battleship. I'm sinking. Someone help me. Please help me. Help me."This is not only my new jam, it's pretty much going to be the anthem of my summer. Genius. [YouTube]Gear from Kinja DealsBestsellers: Anova Sous-vide Precision CookersThe Dyson Absolute And The Art Of Customer ServiceThe Best Value In Chef's Knives Is Just $28 TodayReply71 repliesLeave a reply


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Soft skills are a game changer for career development and business growth and it's time for employers, government, educators, parents - everyone - to take action to recognise, promote and improve them. Part of the success in my journey wasn't about my qualifications or experience, but it was the value I gave to soft skills that helped me get to where I am today.
One of the most flattering things in the professional world is getting headhunted on behalf of a renowned company. If someone rings you out of the blue and takes an interest in you, it is a sure sign that you are doing all the right things in your current job. When I started my first headhunting firm many years ago, almost every time I approached a candidate on behalf of a prestigious company their self-esteem would instantly be boosted. It would be a very risky approach to sit back and purely wait to be headhunted but when great opportunities do present themselves over the course over a career it is always important to grasp them.
I wonder if the word 'bossy' is a western term, I can't quite imagine having been in the Kiberan slums someone ever being referred to as bossy. A survivor yes, bossy, I doubt it. So, if you are fortunate enough to have strong-willed girls in your life make sure your words and actions promote their natural leadership skills, empower them not destroy them.


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Job Title: Senior Validation Scientist
Reports To: Senior Director of Validation
Salary Range: 60K - 70K
A technical degree in a scientific field is required. Requires a minimum of 5 years' experience in cGMP pharmaceutical drug product manufacturing Quality related operations with emphasis on cleaning validation. Experience in managing cleaning validation activities.
- Designs and conducts validation activities for pharmaceutical products
- Prepares validation protocols and summary reports. Participates in protocol execution activities
- Develops process sampling plans to meet validation requirements and statistical process monitoring requirements
- Ensures cleaning monitoring program is compliant
- Works with Product Development personnel to determine cleaning validation limits and methods
- Calculates MACO limits and other associated cleaning validation limits
- Determines worst case sampling sites for process equipment to ensure clean equipment
- Coordinates the execution of validation exercises with Process Scientists, ensuring successful and timely completion of activities per the established protocol
- Performs successful and on time resolution of incidents and deviations related to validation activities
- Identifies, plans and implements quality/productivity initiatives associated with validation and performance qualification activities based on business needs and priorities
- Trains manufacturing and QC/QA personnel on validation protocol requirements, and maintains documentation archive system in accordance with cGMP and FDA regulations


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Pack less. Be more.
@thegreatclodLocale: Northeast, East Asia
I'm clearing out my closet of good apparel I no longer use. For what it's worth, I tend to be pretty gentle with my things, so all these items are in great condition. All prices (PayPal gift preferred) include shipping CONUS:
Ibex Indie Hoody – Men's, Medium, green w/heather trim (worn maybe half a dozen times) – $90
Marmot DriClime Windshirt – Men's, Large, black – $50
Marmot PreCip Rain Jacket – Men's, Large, dark green and black – $50
The North Face Harper Fleece Jacket – Men's, Medium, black – $40
Lands End Reversible Down Vest – Men's, Medium (sizes 38-40), blue and yellow – $30
PM me with questions or interest!
Pictures as follows:
Ibex Indie Hoody:
Marmot DriClime Windshirt:
Marmot PreCip Rain Jacket:
The North Face Harper Fleece:
Lands End Reversible Vest:
I'd put this in gear swap if I were you
@thegreatclodLocale: Northeast, East Asia
Just discovered the error of my ways…
@addiebedfordLocale: Montana
No worries.
@kingpinLocale: WV
I'd like to get the precip from you. Is it in good shape? Been washed alot?
@regarrettLocale: Lost in the mountains
I want the DriClime. PM Sent.
You must be logged in to reply to this topic.


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One of the largest models in the prestigious White Cedars development with unending possibilities. Large professional home situated on over a half acre of manicured lawn and landscaped front yard. Enter the flower lined front of the home through the brand new lifetime warrantied front door to the soaring light filled foyer. Each side of the entry houses a closet for storage and guest coats. Dining room made for all of your holiday meals that will fit large gatherings and daily meals. Formal living room finishes off the front of the home and spills in to a massive family room with an overlooking bridge from the upstairs hall and fireplace. Main floor bedroom currently used as an office and a sun-room currently used as a learning center. Large, open gourmet kitchen with extended height cabinetry and granite counter tops, desk area and bumped out eat-in breakfast room. Upstairs enter the double door master bedroom with cathedral ceiling, walk in closet with window and large master bathroom. Four more bedrooms and another full bathroom complete the upper level. If that is not enough room for you, the full high ceiling basement is situated with all utilities in one area to maximize finishing space and offers walk out steps to the back yard. Mud room off the side of the home and two car garage entrance in to the shared laundry area. This home is impressive and ready for new owners with too many features to list as this home is a must see!
Listing Area: Winslow Twp
The data relating to real estate for sale on this website appears in part through the TREND Internet Data Exchange program, a voluntary cooperative exchange of property listing data between licensed real estate brokerage firms in which Callaway Henderson Sotheby's International Realty participates, and is provided by TREND through a licensing agreement and identified with the TREND IDX Logo. Some properties which appear for sale on this website may no longer be available because they are under contract, have sold or are no longer being offered for sale. Some real estate firms do not participate in IDX and their listings do not appear on this website.Some properties listed with participating firms do not appear on this website at the request of the seller.
2016 TREND, All Rights Reserved. Information Deemed Reliable But Not Guaranteed.


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SYNDICATE BANK RTGS HO Branch in FAIZABAD - Address, IFSC, MICR Code
SYNB0008759MICR Code
CIVIL LINES FAIZABADContact
PLOT NO 311 KHAMAUJA PAHARGANJOPP JAGAT HOSPITALRAIBARELI ROADFAIZABADUTTAR PRADESH 224001City
What is IFSC Code of SYNDICATE BANK situated at CIVIL LINES FAIZABAD- RTGS-HO?
IFSC Code of SYNDICATE BANK situated at CIVIL LINES FAIZABAD - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


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Neoism news
Istvan Kanor bleeds for his art: Fiorito
I remind you that Kantor is one of the principals of a movement known as Neoism. He has that word tattooed on the back of his head. That is how I met him at the bus station. I saw that word, and I asked, and we talked, and we made a date for a longer ...
Jeff Koons Self Harm Man In Hospital After Defacing Whitney Retrospective
Istvan Kantor is a Hungarian-born (1949) Canadian performance and video artist, industrial music and electropop singer, and one of the early members of Neoism. In the 1970s, Kantor studied medicine, but also participated in the underground arts scene ...
Redux's new mural is an homage to the Emanuel Nine
His idea is coming to fruition as we speak, with his trademark vibrant "pop neoism" serving as the background for a portrait of Rev. Clementa C. Pinckney. The mural will also feature images of a palm tree and dove, inspired by Gil Shuler's design. Stay ...
Neoism - premium items on eBay
Iwasaki Lunch Box Neoism Lunch Box No. 3 (With Partition) 640Ml Dark Blue B-1223
The Neoist Manifesto Documents of Neoism The Neoist Society by Touchon, Cecil...
The Neoist Manifesto - Documents of Neoism - the Neoist Society by Cecil...
>> Go to all great Neoism deals on eBay
Neoism books
Neoism, Plagiarism & Praxis
by: Stewart Home
"Home is a novelist, art agitator, and documenter of art terrorism... The art terrorist's art terrorist." —Modern Review.
Neoism, Plagiarism & Praxis is concerned with what's been happening at the cutting edge of culture since the demise of Fluxus and the Situationists. It provides inside information on the Neoists, Plagiarists, Art Strikers, London Psychogeographical Association, K Foundation, and other groups that are even more obscure.
>> More info on Amazon
The Neoist Manifesto - Documents of Neoism - The Neoist Society
by: Cecil Touchon
The Neoist Society presents this important document of Neoism for a world hungry for a new revolutionary message. This unusual - trans lingual - edition is an abstract manifesto that allows the user to interpret it in any way that he can. Literally any Neoist from any place or any time can understand it's purely visual message.
>> More info on Amazon
Neoism, Plagiarism & Praxis by Stewart Home
by: Stewart Home
>> More info on Amazon
Neoism, Plagiarism and Praxis by Stewart Home
>> More info on Amazon
>> Go to all Neoism books
Neoism pictures on the web>> Show
Neoism videos
Excerpt from \
Neoism propaganda
1984 neoist propaganda for shows TV performances & any other neoist actions.
neoism special 2015 OP movie
2015.10.10 neoism crew presents dance show \
-Neoism- Bresonance
Music by: Neoism Video by: Zedo www.neoismo.com www.myspace.com/neoismo.
What is NEOISM? What does NEOISM mean? NEOISM meaning, definition, explanation & pronunciation
What is NEOISM? What does NEOISM mean? NEOISM meaning - NEOISM pronunciation - NEOISM definition - NEOISM explanation - How to pronounce ...


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Spider-Man Action Figure - Ultimate Spider-Man vs. The Sinister Six - 6''
now $8.21
reg. $10.95, you save: 25%
Webbed wonder
Imagine awesome metahuman matchups with this Spider-Man figure inspired by the animated series, Ultimate Spider-Man vs. The Sinister Six. This 6'' Spidey features multiple points of articulation, plus a launcher and projectile. See more
It's added to your bag!
Not eligible for in-store reservation.
Magic in the details...
- Multiple points of articulation
- Includes launcher and projectile
- Imagine battling against The Sinister Six!
- Figure inspired by the animated series, Ultimate Spider-Man vs. The Sinister Six
The bare necessities
- Ages 4+
- Plastic
- Imported
WARNING: CHOKING HAZARD - Small Parts. Not for children under 3 years.
This item cannot be shipped internationally. Most items ordered via Standard Delivery will arrive within 7-9 business days, personalized items within 9-11 business days. Exceptions include items shipped from locations other than our main warehouse. Express Delivery is available for an extra charge.


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Barclays profit slips
Barclays reported a 5% fall in net profit for the first quarter, hit by a sharp fall in revenue at its investment-banking unit.
The UK-based banking giant said net profit for the period was £1.01bn, compared with £1.07bn a year earlier, but helped by a credit on the value of its own debt. Pretax profit, a figure closely tracked by UK analysts, fell 9% to £1.66bn from £1.82bn in the first quarter of 2010.
Revenue in Barclays Capital fell 15%, to £3.28bn from £3.85bn, led by a 22% decline in its fixed income, currencies and commodities trading. Lower impairments across the bank helped balance the revenue loss, though.
The revenue fall—though expected after peers reported similar declines—helped send Barclays shares down 3.5%, or 11 pence, to 291 pence in European morning trade. Ian Gordon, an analyst at Exane BNP Paribas, said the weakness is to be expected, but that the bank's "medium-term story" remains intact.
The bank said its return on equity improved to above 10%, after having set a 13% to 15% "through-the-cycle" target in February aimed at lifting returns from last year's meagre 7.2% figure. Return on equity is a measure of how much profit a company generates from shareholder funds.
Barclays also said it had taken control of the $10.25bn Protium loan that it extended to former employees in September 2009 and that has weighed on analyst forecasts. The loan will be consolidated into the group through a series of transactions that will shorten the loan's maturity to 2014 from 2019.
Barclays chief executive Bob Diamond said the bank's core Tier 1 ratio—a measure of a bank's capital relative to its assets—also improved, to 11% at March 31 from 10.8% at December 31.
Under newly installed chief executive officer Diamond, Barclays is aiming to reduce its reliance on capital-intensive investment banking and replace it with more revenue from other areas, including wealth management and retail banking. Diamond is also reviewing underperforming assets that are dragging on the bank's returns.
So far this year, Barclays has said it will cut its presence in Spain, exited retail banking in Russia, and reduced staff in retail and corporate banking.
Diamond said Barclays is making good progress on its strategic priorities and that the recent review of the UK banking sector by the government-appointed Independent Commission on Banking "raises many issues and questions which will require detailed discussion and further specification in the coming months to ensure that its final recommendations can be practically implemented and that the consequences are properly analysed."
Barclays, along with its UK peers, faces potentially costly changes to its business after the commission earlier this month said the country's retail banks should hold more capital and ring-fence some of their operations.
Finance director Chris Lucas told reporters on a call that the restructuring of the Protium loan will let the bank sell the underlying mortgage-backed securities and other assets backing it, and that it aims to retire the loan by 2014. The bank from 2013 will have to hold more capital against the loan, which has concerned analysts. Lucas said the rump assets by that date will have a much smaller effect on capital than if the loan had run through 2019.
Barclays was accused by analysts of using "smoke and mirrors" when it entered into the Protium transaction with former employees. The employees used the loan to buy a portfolio of credit assets from Barclays whose value had been marked down sharply after the financial crisis. The loan structure let Barclays avoid having to take any further mark-to-market losses, but the assets have since gained in value and the overall transaction has cost Barclays tens of millions of dollars in management and performance fees it pays to former employees to manage the assets.
Write to Margot Patrick at firstname.lastname@example.com
To read the original article visit http://on.wsj.com/ickn5A


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Meet Spencer, a friendly little curious kitty. He will walk up to you and plop himself down in your lap, immediately purring. Or he will sneak in under your blanket to snuggle and take a nap with you. How can you not fall in love with him and want to kiss his little tan spot on his nose? He gets along with everyone, whether you are a cat or a kid. adoption fee covers: FIV/Felv testing, de-worming, vaccinations, spay/neuter, & Advantage flea prevention. If you would like to meet this loving kitty, please call Jill @ 865-765-3400 or email her at firstname.lastname@example.com. Please fill out an application at: www.happypawskittenrescue.org


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Bright and airy throughout, this stunning two bedroom first floor apartment is set in attractive purpose-built building and boasting a wonderful modern finish.
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