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From abnormal weather, earth changes, and other increased anomalies to comet elenin and the infamous Mayan prophecies, the internet is buzzing with millions doomsday scenarios. While I doubt that anything will actually happen to the world as a result of 2012, I do think it's wise to be prepared for whatever may be coming.
Does December 21, 2012 spell disaster for the world?
Again, I really don't buy into the whole Mayan thing, but there are a couple of reasons that 2012 could be a scary year.
1. A self-fulfilling prophecy – One thing that worries me about all the 2012 talk, is the possibility that it becomes a self-fulfilling prophecy. With all the bad things going on in the world, you almost have to wonder if we've brought some of it upon ourselves.
2. Wackos, wackjobs and hooligans – As we get closer to the December 21, 2012 date, we are bound to have an uptick in craziness. The closer we get to that date, the more people will start to blame every little anomaly on the "end of the world." When that starts to happen, a certain segment of our population could start to act out and become a threat to your survival.
You need to be prepared to protect yourself and your family from the possible dangers that lie ahead.
3. Crazy weather patterns and earth changes – A number of prominent scientists have suggested that disruptions in the solar cycle have already started to wreak havoc on the earth. While they are only theories at this point, many have blamed the earthquake in Japan and New Zealand on an increase in solar activity.
If these theories are correct, we could be in for a very chaotic couple of years. The solar cycle is expected to peak sometime towards the end of 2012.
3. Solar flares – The increase solar activity also means that we are at a greater risk of being affected by a damaging solar flare. Earlier this year, NASA released a warning that said a direct hit could cause massive widespread blackouts, travel problems, and damage that could affect the power grid for months.
Solar Flares have created problems in the past and a direct hit by a large solar flare could completely shut down the power grid. If the power grid goes down, will you be ready?
4. An economy in turmoil – It seems like every time I turn on the news some"expert" is spouting off about how bad the economy is. From a double dip recession to fears of another great depression, the economy poses a number of challenges that could cause major problems in 2012.
If we were to be plunged into another depression, I doubt that our current culture could handle the shock. Americans have become so accustomed to getting everything they want, that should a crisis like that occur, the effect on our current society would be catastrophic. Within very short order, I would expect to see massive rioting, a huge spike in violent crimes, and a rash of burglaries.
5. Political Armageddon – We are living in turbulent times. The election of 2012 has many worried and could be another potential trigger point that causes massive social unrest. From fanatical extremists who are bound to riot if Obama loses, to overzealous wackos who may go nuts if he wins, the election of 2012 is another big cause for concern.
When you see the chaos going on throughout the Middle East and Europe, I don't think it's that far-fetched to think it could happen here. Just look at the massive protests in Wisconsin and other parts of the country during the last couple of months; people are on edge and political partisanship is only making things worse.
So what does 2012 have in store for us?
I think the earthquake, tsunami and resulting nuclear disaster in Japan woke a lot of people up to how quickly things can go bad.
Only time will tell, but if you haven't started prepping for what's ahead, your time may be quickly running out. Remember, bad things can happen at any minute and even if you don't buy into the whole 2012 Armageddon thing, you should be prepared anyways.
You never know what the next disaster will be, where it will hit, and when it will happen. I advise you adopt the old Boy Scouts motto and always be prepared!
18 Comments on Should I prepare to survive 2012?
2012 was made up sort of by the myan indians,and it was because they have a stone calender that ends on dec12-2012 and myan race just disapeared,i mean if i freaked out evry time a calender was about end ,i would not say it is the end of the world,but being prepared is what we should all do ,not that its the end of the world but climate change is occuring.in 2000,the guy just recently ,and the rest of evryone who wants some fame says its the end of the world,nobody knows the end of time,nobody.but being prepared for diasaster is a smart thing, but with all these bombs we have ,a nuclear diaster could happen thats's only way a person could know the end of the world, if he did it himself.
So, while I honor the 'be prepared' message, it seems to me we are at the end of an era and have the opportunity to come into the new. While it is possible in this transition of leaving old memes (cultural building blocks) such as capitalism, liberal democracy, my god is better then your god, mindless/purposeless Universe, and Eat or be eaten Darwinian theory, that we fall 'back' into contraction, fear etc, we should all be out there building a bridge to the new memes which are based on a Universal Humanity and becoming Conscious Evolution…we are entering into the 1st age of Conscious Evolution, our Crisis is a Crisis of BIRTH (shifting from our animal nature as species to a bio-cosmic awareness — we're growing up!), Radical new technologies that are exposing our capacity as a species, settlement of space and expanding our biosphere, the Feminine arising and becoming equal co-creators — bringing a much needed and disregarded important energy into culture, an Evolution of the self, Opening up to the Cosmic code which is present in all of our cellular make up after 14 billion years of evolution, and a new Social Evolution — of people mapping, tracking and connecting through resonance what is WORKING out there! What an opportunity and let's focus on that! By continuing the 'scare' tactic dialogue, we don't do ourselves any favors in making the space to move forward into the possibility of a peaceful, co-creative, compassionate, heart to heart, ever evolving species….it IS possible!
so basicaly your saying darwinism is happening,we did not get here by accident.were not evolving,evolving is just a theory.i mean i believe technology can evolve but weve stayed the same for billions of years.we did not start out as fish,or apes.i dont think were evolving physically but spiritual and mental evoloution.
So what Anne Menconi is saying is that when the SHTF, She will be the first one devoured by the collapse of civilization because she saw the "New Greater Good in Humanity". Hmmmm I think I concur.
Well to be honest the mayan prophecies predict an end of a world as in an era not "oh the world is gonna be gone in 2012". That is just hollywood exploiting someone"s culture (yet again). It's a new beginning for mankind and much needed one, we've become all to dependent on technology and modern medicine. That is why we haven't evolved, because todays technology and medicine have basically eleminated "survival of the fittest". what do you do if you are sick? you go to the doctor, he fixes it, and your body never fought off the threat naturally. So then you never pass on these immunities. It is also a sad thing to say but people who have diseases that are hereditary would not live on if we didn't have these medicines and these diseases just would not exist. So back on the topic of 2012 I do not know what will happen on that date but I am sure it is not a true end, but a new beginning.
I think just being prepared is a good thing. regaurdless of the situation. I think people are gonna get crazy for sure at just the thought of the world ending. so it is going to be good to be prepared.
When asked "Should I prepare to survive 2012?", my answer is no. You should prepare to handle today, tomorrow, next week, next month, etc. You never know when you'll need to survive. Whether it's a large scale TEOTWAWKI event
like a meteor hitting the planet or a much more localized disaster like loosing your job, having a stock pile of food and knowledge is going to help you.
The Mayans did not disappear. Go to Quintana Roo, Mexico and travel around the coast (you'll be glad you did!)and you will see many descendants (Native American) of the Mayan, who are indeed Mayan. 2012 doomsday? Not likely, but as stated in the blog post the economic depression, lunatic fringe, and masses of sheeple make it a wise decision to prep and learn wilderness survival NOW!
Just as people keep fist aid kits in their homes and cars for unforseen accidents….
I say that you should also be prepared for unforseen disasters , it just may save you and your family's lives.
ztar:evolution is a simple fact of nature,or perhaps you want to call it adaptation,same thing.if you don,t think we as human beings are changing just read some history or don,t you beleive in history either?
prepare for time of need-that is all
If the world ends in 2012 its bc god is coming back and those who r saved wil not have to go threw the dasaster only the sinners the saved ones will already be with jesus..
A lot of people think the worst and sadly that effects reality. I say keep an ear to the ground and eye on the sky. And for those of you that say you'll be saved by god… just have to ask what's the back up plan haha.
First of all the return of christ isn't the return of a savior, it's the rise of the Antichrist.. that's something to look forward to, huh.. and secondly, nowhere does it say in the bible that the rapture will be before tribulation.. that's something the uneducated Christian masses have simply made up as a scare tactic and to hold over nonbelievers' heads aka holier than thou complex. Why wouldn't your god make believers suffer same as everyone else to test who the truly faithful are? If you know anything about your god you'll know he's a vengeful one.. he did create evil. And he did create us for the sole purpose to pay tribute to him (all according to your religious texts)
Also, the Mayans stopped the calendar because it's the end of the earth's cycle of ages related to he stars (end of the age of Pisces and restarting from the beginning) ..seems a perfect place to end a calendar to me..
But if you believe in a religion you should probably know about it.. same goes for history and literacy. Else people get screwed over by people claiming when the rapture is (true story, people emptied their bank accounts to the man claiming the rapture was such n such date, for insurance that their earthly possessions, pets, etc be taken care of after they're gone) ..even though the bible specifically says that nobody will know when it is..
I am yery intrested about 2012, but I olso beliave that there is a jesus that those who look up to god and beliave in him will be saved. Its wise to get prepared in some situations, but jesus will find the way for those who do his will, if a disaster is going to come it will, but you can not put a date on jesus return as he himself does not know the day or the hour we have to be ready everyday as if jesus is coming eny time know.
Just pay attention to what your government is doing. Spending your tax money on super underground shelters, buying out mass quanites of freeze dried foods and MREs, Global seed vault, yada yada. If there preparing…shouldnt we?
what should i do for 2012
The end truly is near for the "world" as most people perceive it. This distorted perception of reality has caused ignorance to intentionally become passed down from ancestors to children. This cumulative inherited ignorance has manifested itself as what people commonly refer to as "Sin." This ignorance is on both sides for Truth inevitably provides peace to all involved in any situation.
The end of a distorted mental state that the vast population of humanity currently harbors is the End of the World that is to come.
I do not believe all hell will break loose exactly on the dates any given "professional" may suggest. The idea of an end time scenario is a concept based on the survival instinct our ancestors have passed to us. The Truth is our ancestors desired for us to live. This desire manifests itself through many stories, true and fiction, all pointing towards the objective of seeking truth as a method of survival.
The Truth… Worrying and Preparing are two separate ideas. We need not worry if we are prepared. Clean water, adequate food, clothing, and shelter. Pay attention to the news and anything interesting as far as scientific anomalies and fear not. The Truth is sound logic and understanding, and survival is the meaning of life.


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FASCICOLI E ARTICOLI I PIÙ LETTI eTOC
Official Journal of the Italian Society of Maxillofacial Surgery
Fini G., Pellacchia V., Ponzo L., Frontero L., D'itri L., Pacchiarotti A.
Department of Maxillofacial Surgery, La Sapienza University, Rome, Italy
aim. The aim of this work was to evaluate the follow-up of patients treated 7 years after the application of the implant, focusing on the following specific issues: the quality of osseointegration and the presence of adverse reactions, including views from a radiological point of view, the status of the implant and the impact of its success on the quality of life of the patient.
Methods. From January 2002 to December 2009, in the Epithesis Center of Sant'Andrea Hospital, 65 surgical patients (31 women and 34 men, mean age 44 years) were treated. This study includes only those with control at 7 years for a total of 12 patients including 7 women and 5 men with a mean age of 43 years. The diagnostic and therapeutic procedures were standard for all patients.
Results. With regard to the postoperative clinical control 57 patients had no detectable adverse skin reaction, 3 patients had mild skin redness, inflammatory exudate was present in 1 patient, and inflammation became severe in 1 other patient. Postoperative radiological assessment at 6 months showed no signs of osseointegration in 197 facilities out of 198 (98.9%).
Conclusion. Epitheses are an important alternative to conventional reconstructive surgery for patients with craniofacial deficits. Using implant osseointegration could solve the problems caused by using adhesives and the presence of phenomena of irritation to the skin in contact with such substances, greatly improving the quality of life of patients.
lingua: Inglese

subset: commoncrawl


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Discussion in 'Community Discussion' started by Liasen, Aug 11, 2012.
Yep, it's down. When will we be able to log in again and what is causing this?
Twitch1 already made a thread about this.
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March 17, 2011
OSTON G. OSOTONU, PLAINTIFF,v.C/O RINGLER, ET AL., DEFENDANTS.
Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 and has filed an application to proceed in forma pauperis under 28 U.S.C. § 1915. This proceeding was referred to the undersigned magistrate judge in accordance with Local Rule 302 and 28 U.S.C. § 636(b)(1).
Plaintiff has submitted an in forma pauperis application that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, plaintiff will be granted leave to proceed in forma pauperis.
Plaintiff is required to pay the statutory filing fee of $350.00 for this action. See 28 U.S.C. §§ 1914(a) & 1915(b)(1). An initial partial filing fee of $8.35 will be assessed by this order. See 28 U.S.C. § 1915(b)(1). By separate order, the court will direct the appropriate agency to collect the initial partial filing fee from plaintiff's prison trust account and forward it to the Clerk of the Court. Thereafter, plaintiff will be obligated to make monthly payments of twenty percent of the preceding month's income credited to plaintiff's prison trust account. These payments will be collected and forwarded by the appropriate agency to the Clerk of the Court each time the amount in plaintiff's account exceeds $10.00, until the filing fee is paid in full. See 28 U.S.C. § 1915(b)(2).
The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1) & (2).
A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully pleaded, has an arguable legal and factual basis. See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989); Franklin, 745 F.2d at 1227.
Rule 8(a)(2) of the Federal Rules of Civil Procedure "requires only 'a short and plain statement of the claim showing that the pleader is entitled to relief,' in order to 'give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.'" Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). However, in order to survive dismissal for failure to state a claim a complaint must contain more than "a formulaic recitation of the elements of a cause of action;" it must contain factual allegations sufficient "to raise a right to relief above the speculative level." Bell Atlantic, 550 U.S. at 555. In reviewing a complaint under this standard, the court must accept as true the allegations of the complaint in question, Hospital Bldg. Co. v. Rex Hospital Trustees, 425 U.S. 738, 740 (1976), construe the pleading in the light most favorable to the plaintiff, and resolve all doubts in the plaintiff's favor. Jenkins v. McKeithen, 395 U.S. 411, 421 (1969).
The Civil Rights Act under which this action was filed provides as follows: Every person who, under color of [state law] . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution . . . shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
42 U.S.C. § 1983. The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff. See Monell v. Department of Social Servs., 436 U.S. 658 (1978); Rizzo v. Goode, 423 U.S. 362 (1976). "A person 'subjects' another to the deprivation of a constitutional right, within the meaning of § 1983, if he does an affirmative act, participates in another's affirmative acts or omits to perform an act which he is legally required to do that causes the deprivation of which complaint is made." Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).
Moreover, supervisory personnel are generally not liable under § 1983 for the actions of their employees under a theory of respondeat superior and, therefore, when a named defendant holds a supervisorial position, the causal link between him and the claimed constitutional violation must be specifically alleged. See Fayle v. Stapley, 607 F.2d 858, 862 (9th Cir. 1979); Mosher v. Saalfeld, 589 F.2d 438, 441 (9th Cir. 1978). Vague and conclusory allegations concerning the involvement of official personnel in civil rights violations are not sufficient. See Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).
Plaintiff has named Correctional Officer Ringler, Correctional Officer Ruiz, Correctional Officer Frangos, Lieutenant Scotland, Lieutenant Kyle, Lieutenant McLain, Sergeant Clark, Captain Wamble, Captain Foston, S. Cervantes, the Warden, CSP-Solano Hiring Authority, and N. Grannis as the defendants in this action. In his complaint, plaintiff alleges that defendants Ringler, Ruiz, and Clark have been harassing him with cell searches. He also alleges that those defendants y have thrown water on his cell floor and damaged his property, including family pictures, bibles, and legal materials. Plaintiff alleges that he has tried to resolve his problems by speaking to these correctional officer's supervisors and using the inmate grievance process, but that defendants McLain, Scotland, Wamble, Foston, the Warden, Solano Hiring Authority, and N. Grannis have "rebuked" him in these efforts. Moreover, since filing his administrative grievances, plaintiff alleges that officers have retaliated against him for doing so. Finally, plaintiff appears to allege that defendants Frangos and Scotland previously took his property, and when they returned it to him his radio, televison, typewriter, and shoes were missing. In terms of relief, plaintiff requests monetary damages. (Compl. at 5 & Attach.)
The allegations in plaintiff's complaint are so vague and conclusory that the court is unable to determine whether the current action is frivolous or fails to state a claim for relief. The complaint does not contain a short and plain statement as required by Fed. R. Civ. P. 8(a)(2). Although the Federal Rules adopt a flexible pleading policy, a complaint must give fair notice to the defendants and must allege facts that support the elements of the claim plainly and succinctly. Jones v. Community Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984). Plaintiff must allege with at least some degree of particularity overt acts which defendants engaged in that support his claims. Id. Because plaintiff has failed to comply with the requirements of Fed. R. Civ. P. 8(a)(2), the complaint must be dismissed. The court will, however, grant leave to file an amended complaint.
In any amended complaint he elects to file, plaintiff must allege facts demonstrating how the conditions complained of resulted in a deprivation of plaintiff's federal constitutional or statutory rights. See Ellis v. Cassidy, 625 F.2d 227 (9th Cir. 1980). Plaintiff must also allege in specific terms how each named defendant was involved in the deprivation of his rights. There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant's actions and the claimed deprivation. Rizzo v. Goode, 423 U.S. 362 (1976); May v. Enomoto, 633 F.2d 164, 167 (9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).
If plaintiff elects to pursue this action by filing an amended complaint, he must clarify what constitutional right he believes each defendant has violated and support each claim with factual allegations about each defendant's actions. To the extent that plaintiff wishes to raise an Eighth Amendment claim against defendants Ringler, Ruiz, and Clark, he is advised that the Eighth Amendment prohibits the infliction of "cruel and unusual punishments." U.S. Const. amend. VIII. Malicious cell searches and "calculated harassment unrelated to prison needs" may implicate the Eighth Amendment. Hudson v. Palmer, 468 U.S. 517, 528-30 (1984). However, plaintiff's allegations in his original complaint are so vague that the court is unable to determine whether the cell searches he complains of rise to the level of an Eighth Amendment violation. Plaintiff is informed that "[i]t is obduracy and wantonness, not inadvertence or error in good faith, that characterize the conduct prohibited by the Cruel and Unusual Punishments Clause." Whitley v. Albers, 475 U.S. 312, 319 (1986).
In addition, in his original complaint, plaintiff appears to name defendants McLain, Scotland, Wamble, Foston, the Warden, Solano Hiring Authority, and N. Grannis due to their role as supervisors of other named defendants or due to their role in the prison's inmate grievance process. To the extent that plaintiff has named any of these defendants for their role as a supervisor, he is advised that supervisory personnel are generally not liable under § 1983 for the actions of their employees under a theory of respondeat superior. To the extent that plaintiff has named any of these defendants due to their role in the inmate grievance process, he is advised that prison officials are not required under federal law to process inmate grievances in a specific way or to respond to them in a favorable manner. It is well established that "inmates lack a separate constitutional entitlement to a specific prison grievance procedure." Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003)(citing Mann v. Adams, 855 F.2d 639, 640 (9th Cir. 1988)). See also, e.g., Wright v. Shannon, No. CIV F-05-1485 LJO YNP PC, 2010 WL 445203 at *5 (E.D. Cal. Feb. 2, 2010) (plaintiff's allegations that prison officials denied or ignored his inmate appeals failed to state a cognizable claim under the First Amendment); Walker v. Vazquez, No. CIV F-09-0931 YNP PC, 2009 WL 5088788 at *6-7 (E.D. Cal. Dec. 17, 2009) (plaintiff's allegations that prison officials failed to timely process his inmate appeals failed to a state cognizable under the Fourteenth Amendment); Towner v. Knowles, No. CIV S-08-2833 LKK EFB P, 2009 WL 4281999 at *2 (E.D. Cal. Nov. 20, 2009) (plaintiff's allegations that prison officials screened out his inmate appeals without any basis failed to indicate a deprivation of federal rights); Williams v. Cate, No. F-09-0468 OWW YNP PC, 2009 WL 3789597 at *6 (E.D. Cal. Nov. 10, 2009) ("Plaintiff has no protected liberty interest in the vindication of his administrative claims.").
Next, with regard to his property claims against defendants Frangos and Scotland, plaintiff is advised that the United States Supreme Court has held that "an unauthorized intentional deprivation of property by a state employee does not constitute a violation of the procedural requirements of the Due Process Clause of the Fourteenth Amendment if a meaningful post-deprivation remedy for the loss is available." Hudson v. Palmer, 468 U.S. 517, 533 (1984). Thus, where the state provides a meaningful post-deprivation remedy, only authorized, intentional deprivations constitute actionable violations of the Due Process Clause. An authorized deprivation is one carried out pursuant to established state procedures, regulations, or statutes. Piatt v. McDougall, 773 F.2d 1032, 1036 (9th Cir. 1985); see also Knudson v. City of Ellensburg, 832 F.2d 1142, 1149 (9th Cir. 1987).
In his complaint, plaintiff has not alleged any facts suggesting that the taking of his property was authorized. The California Legislature has provided a remedy for tort claims against public officials in California Government Code, §§ 900, et seq. If plaintiff has not attempted to seek redress in the state system, he will not be able to sue in federal court on the claim that the state deprived him of property without due process of the law.
Finally, plaintiff alleges that several of the named defendants have retaliated against him for filing inmate grievances. It is well-established that both litigation in this court and filing administrative grievances are protected activities, and it is impermissible for prison officials to retaliate against prisoners for engaging in these activities. See Rhodes v. Robinson, 408 F.3d 559, 568 (9th Cir. 2005). However, not every allegedly adverse action is sufficient to support a claim for retaliation. See, e.g., Huskey v. City of San Jose, 204 F.3d 893, 899 (9th Cir. 2000) (retaliation claim cannot rest on the logical fallacy of post hoc, ergo propter hoc, i.e., "after this, therefore because of this."). In any amended complaint, plaintiff must clarify who he believes retaliated against him and must allege facts demonstrating how they did so. As the Ninth Circuit has explained:
Within the prison context, a viable claim of First Amendment retaliation entails five basic elements: (1) An assertion that a state actor took some adverse action against an inmate (2) because of (3) that prisoner's protected conduct, and that such action (4) chilled the inmate's exercise of his First Amendment rights, and (5) the action did not reasonably advance a legitimate correctional goal.
Rhodes, 408 F.3d at 567-68.
Plaintiff is informed that the court cannot refer to a prior pleading in order to make his amended complaint complete. Local Rule 220 requires that an amended complaint be complete in itself without reference to any prior pleading. This is because, as a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no longer serves any function in the case. Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged.
Also pending before the court is plaintiff's motion to rescind his consent to the magistrate judge's jurisdiction. Since this action has not yet been reassigned to the undersigned, plaintiff may withdraw his consent without demonstrating good cause or extraordinary circumstances. See 28 U.S.C. § 636(c); Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993) ("Once a civil case is referred to a magistrate judge under section 636(c), the reference can be withdrawn by the court only 'for good cause shown on its own motion, or under extraordinary circumstances show by any party.'"). Accordingly, in the interest of justice, the court will grant plaintiff's motion to rescind his consent and direct the Clerk of the Court to randomly assign a United States District Judge to this action.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's application to proceed in forma pauperis (Doc. No. 2) is granted.
2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of $8.35. All fees shall be collected and paid in accordance with this court's order to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith.
3. Plaintiff's complaint is dismissed.
4. Plaintiff is granted thirty days from the date of service of this order to file an amended complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice; the amended complaint must bear the docket number assigned to this case and must be labeled "Amended Complaint"; failure to file an amended complaint in accordance with this order will result in a recommendation that this action be dismissed without prejudice.
5. The Clerk of the Court is directed to send plaintiff the court's form for filing a civil rights action.
6. Plaintiff's November 16, 2010 motion to rescind his consent to the jurisdiction of the magistrate judge (Doc. No. 5) is granted.
7. The Clerk of the Court is directed to randomly assign a United States District Judge to this action.
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filed: February 11, 1983.
COMMONWEALTH OF PENNSYLVANIAv.EDWARD J. CARNEY, III, APPELLANT
No. 2266 PHILADELPHIA, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas of Delaware County, Criminal at No. S.A. 184 of 1981.
A. Niccolo, Devon, for appellant.
Vram Nedurian, Jr., Assistant District Attorney, Media, for Commonwealth, appellee.
Spaeth, Wickersham and Lipez, JJ.
[ 310 Pa. Super. Page 132]
This is an appeal from an order dismissing appellant's appeal from a conviction of failing to return to the scene of a motor vehicle accident. 75 Pa.C.S.A. § 3743 (1977) (summary offense). See generally Pa.R.Crim.P. 67 (Appeals from Summary Judgments). Because the order is not final, we quash the appeal.
It is well-settled that an appeal from an order dismissing an appeal from a conviction in a summary proceeding will lie only if judgment of sentence has been entered. Commonwealth v. Nugent, 291 Pa. Super. 421, 435 A.2d 1298 (1981). Since judgment of sentence has not been entered in this case, we must quash the appeal.
Appellant did not file post-verdict motions in accordance with Pa.R.Crim.P. 1123(c). However, in view of the fact that the lower court did not advise appellant on the record of his right to file such motions, our order quashing the appeal is without prejudice to appellant's right to file post-verdict motions nunc pro tunc.
The appeal is quashed.*fn1
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August 9, 2011
DONALD LEE, ET AL .,PLAINTIFFS,v.TOMAS PADILLA, ET AL .,DEFENDANTS.
On March 15, 2011, Plaintiffs Donald Lee, Patrick O'Connor, Allen DeLeone, and Vincent Riotto, officers of the Hackensack Police Department ("HPD"), filed a ten-count civil rights against Defendant HPD Chief of Police, C. Kenneth Zisa, and others, alleging that the Defendants violated their constitutional rights.*fn1
Presently before the Court is Defendant Zisa's Rule 12(b)(6) motion to dismiss the Complaint. For the reasons elaborated below, the motion will be GRANTED in part, and DENIED in part.
Count I: Lee's First Amendment claim against Zisa will be dismissed.
Count II: Lee's CEPA claim will be dismissed against Defendants Zisa, Padilla, and the City of Hackensack. I.e., Count II will be dismissed.
Count IV: O'Connor's First Amendment claim against Zisa will be dismissed.
Count VI: Riotto's Due Process claim against Zisa will be dismissed.
Count VII: Riotto's federal conspiracy claim will be dismissed.
Count VIII: Riotto's civil conspiracy claim against Zisa will be dismissed.
Count IX: Lee's Free Speech/Freedom of Association-related claim against Zisa will be dismissed. O'Connor's Free Speech/Freedom of Association-related claim against Zisa will be dismissed. Riotto's Due Process-related claim against Zisa will be dismissed.
The following counts will go forward:
Count I: Lee's First Amendment claim against Padilla will proceed.
Count III: O'Connor's CEPA claim will proceed.
Count IV: O'Connor's First Amendment claim will proceed against Defendants Padilla, Molinelli, Bergen County Prosecutor's Office, County of Bergen, and the City of Hackensack, but not against Zisa.
Count V: DeLeone's First Amendment claim will proceed against Zisa and Padilla.
Count VI: Riotto's Due Process claim will proceed against all Defendants except Zisa.
Count VIII: Riotto's civil conspiracy claim will proceed against all Defendants except Zisa.
Count IX: Plaintiffs' claim under NJCRA will go forward except in relation to Lee's Free Speech/Freedom of Association-related claim against Zisa; except in relation to O'Connor's Free Speech/Freedom of Association-related claim against Zisa; and except in relation to Riotto's Due Process-related claim against Zisa.
Count X: Plaintiffs' claim against the City of Hackensack will go forward.
Finally, all conduct by Chief Zisa pre-dating March 15, 2009 or post-dating April 30, 2010 under any remaining count is barred for the purpose of establishing liability against Zisa.
The gravamen of the Complaint is that the Hackensack Chief of Police,
Defendant Zisa, engaged in a pattern of extortion, against other HPD
officers, i.e., Plaintiffs, seeking, among other things, political
donations to further Zisa's political career and the political
career of those allied with him, including candidates for office
within the Policemen's Benevolent Association ("PBA") of Hackensack.
It is further alleged that those who were not allied with Zisa,
including those officers who refused to donate to Zisa and his allies'
political campaigns, were subject to retaliation and threats of
retaliation in violation of Plaintiffs' First Amendment free speech
and freedom of association rights.*fn2 More
specifically, Plaintiffs have put forward a ten-count Complaint. Count
I is a First Amendment claim, asserted under Section 1983,*fn3
brought by Plaintiff Lee against Defendants Zisa and Tomas
Padilla. Count II is a Conscientious Employee Protection Act (CEPA)
claim brought by Plaintiff Lee against Defendants Zisa, Padilla, and
the City of Hackensack. Count III is a CEPA claim brought by Plaintiff
O'Connor against multiple Defendants. Count IV is a First Amendment
claim, asserted under Section 1983, brought by Plaintiff O'Connor
against multiple Defendants. Count V is a First Amendment claim,
asserted under Section 1983, brought by Plaintiff DeLeone against
Defendants Padilla and Zisa. Count VI is Fourteenth Amendment claim,
asserted under Section 1983, by Plaintiff Riotto against all
Defendants. Count VII is a conspiracy claim, under Section
1985,*fn4 brought by Plaintiff Riotto against all
Defendants. Count VIII is a state common law conspiracy claim brought
by Plaintiff Riotto against all Defendants. Count IX is a New Jersey
Civil Rights Act claim brought by all Plaintiffs against all
Defendants. And Count X is a Section 1983 claim brought by all
Plaintiffs against the City of Hackensack.
The Defendant's motion to dismiss is brought pursuant to the provisions of Fed. R. Civ. P. 12(b)(6). This rule provides for the dismissal of a complaint, in whole or in part, if the plaintiff fails to state a claim upon which relief can be granted. The moving party bears the burden of showing that no claim has been stated, Hedges v. United States, 404 F.3d 744, 750 (3d Cir. 2005), and dismissal is appropriate only if, accepting all of the facts alleged in the complaint as true, the plaintiff has failed to plead "enough facts to state a claim to relief that is plausible on its face," Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007) (abrogating "no set of facts" language found in Conley v. Gibson, 355 U.S. 41, 45-46 (1957)). The facts alleged must be sufficient to "raise a right to relief above the speculative level." Twombly, 550 U.S. at 555. This requirement "calls for enough fact[s] to raise a reasonable expectation that discovery will reveal evidence of" necessary elements of the plaintiff's cause of action. Id. Furthermore, in order satisfy federal pleading requirements, the plaintiff must "provide the grounds of his entitlement to relief," which "requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Phillips v. Cnty. of Allegheny, 515 F.3d 224, 231 (3d Cir. 2008) (quoting Twombly, 550 U.S. at 555).
In considering a motion to dismiss, the court generally relies on the complaint, attached exhibits, and matters of public record. Sands v. McCormick, 502 F.3d 263 (3d Cir. 2007). The court may also consider "undisputedly authentic document[s] that a defendant attaches as an exhibit to a motion to dismiss if the plaintiff's claims are based on the [attached] document[s]." Pension Benefit Guar. Corp. v. White Consol. Indus., 998 F.2d 1192, 1196 (3d Cir. 1993). Moreover, "documents whose contents are alleged in the complaint and whose authenticity no party questions, but which are not physically attached to the pleading, may be considered." Pryor v. Nat'l Collegiate Athletic Ass'n, 288 F.3d 548, 560 (3d Cir. 2002).
Chief Zisa puts forward a number of defenses. This opinion discusses each in turn.*fn5
A. Statute of Limitations
This action was filed on March 15, 2011. Defendant asserts that a two-year statute of limitations applies "to all of the Plaintiffs' claims." Pl.'s Br 14 (emphasis added). Plaintiffs do not contest that a two-year limitations period -- cutting off causes of action accruing before March 15, 2009 -- applies here. Rather, Plaintiffs contend that Defendants' actions from that early period are part-and-parcel of a series of "continuing violations." However, it appears that the rule in this circuit is that "individually actionable [First Amendment] allegations cannot be aggregated . . . . [Rather], First Amendment retaliation claims are always individually actionable, even when relatively minor." O'Connor v. City of Newark, 440 F.3d 125, 127-28 (2006). Thus, allegations relating to events predating March 15, 2009 are not actionable against Chief Zisa. For this reason Lee's First Amendment claim relating to the contested PBA election is barred.
B. Chief Zisa was on Administrative Leave After April 30, 2010
Chief Zisa was placed on administrative leave on April 30, 2011. Much of the wrongful conduct pled by Plaintiff Riotto postdates that event. No well-pled post April 30, 2011 allegations by Riotto would establish, if proven, any personal wrongdoing by Zisa. Hence they cannot form a basis of liability. Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988).
C. Lee's First Amendment Claims
Lee asserts a First Amendment claim grounded in retaliation suffered in consequence of his failing to support the pro-Zisa candidate in the June 2008 PBA election. However, his brief points to no allegations that he suffered any consequences in regard to the election, much less well-pled allegations in regard to the time period between March 15, 2009 and April 30, 2011.
Lee also alleges that Chief Zisa installed audio and visual recording devices (which were in public view) on the premises of Hackensack Police Department headquarters. Lee complained to Zisa that such devices were illegal. Lee alleges that he suffered retaliation for lodging these complaints. A valid First Amendment free speech claim requires that the retaliation arises in consequence of protected speech addressing a matter of public concern. Connick v. Myers, 461 U.S. 138, 146 (1983). Where the retaliation is in consequence of speech amounting to "complaints about [the] conditions of employment," no claim may be asserted. Stroman v. Colleton Cnty. Sch. Dist., 981 F.2d 152, 156 (4th Cir. 1992). Here the speech related to the administration of government offices and the speech was not directed to the public, but was directed to Chief Zisa. It would seem to follow that the free speech claim fails.*fn6
Finally, Lee asserts a First Amendment freedom of association claim. See Elrod v. Burns, 427 U.S. 347, 359 (1976); Branti v. Finkel, 445 U.S. 507 (1980); Rutan v. Republican Party of Ill., 497 U.S. 62 (1990). He argues that he Zisa retaliated against him for associating with the plaintiffs in Aeillos. This theory of liability fails under Twombly, as the contours of that "association" are not sufficiently developed.
D. O'Connor's First Amendment Claims
Defendant argues that O'Connor's First Amendment claim fails because he fails to allege that Zisa took any actions against him. Plaintiff's opposition brief fails to respond to this argument. As such, Plaintiff's count is waived or abandoned. Cf. Conroy v. Leone, 316 Fed. Appx. 140, 144 n. 5 (3d Cir. Mar. 9, 2009) ("We find this undeveloped argument has been waived."); Clay v. Holy Cross Hosp., 253 F.3d 1000, 1002 n. 1 (7th Cir. 2001) (holding that perfunctory and undeveloped arguments, and arguments unsupported by pertinent authority, are waived).
E. DeLeone's First Amendment Claim
Defendant argues that DeLeone's First Amendment claim fails because the purported retaliation was in connection with DeLeone's mere professional association with Aiellos and Ferraioli plaintiffs and because DeLeone associated with other HPD officers during their disciplinary review. Even assuming that such associations fail to state a claim, DeLeone also alleged that he suffered retaliation by Zisa in consequence of his (that is, DeLeone's) support of PBA candidates opposed by Zisa. Such allegations state a claim. See, e.g., Ferraioli v. City of Hackensack, 2010 WL 4421098, at *4-8 (Feb. 2, 2010 D.N.J.) (Chesler, J.).
F. Lee's CEPA Claim
As explained, Chief Zisa ordered the installation of recording devices on the premises of the HPD headquarters. Lee complained to Zisa about the placement of these devices, and further alleges that he suffered retaliation for lodging these complaints. Lee now asserts a CEPA claim, i.e., a whistleblower claim.
In order to allege a CEPA claim, a Plaintiff
does not [have] to show that a law, rule, regulation or clear mandate of public policy actually would be violated if all the facts he or she alleges are true. Instead, a plaintiff must set forth facts that would support an objectively reasonable belief that a violation has occurred. In other words, when a defendant requests that the trial court determine as a matter of law that a plaintiff's belief was not objectively reasonable, the trial court must make a threshold determination that there is a substantial nexus between the complained-of conduct and a law or public policy identified by the court or the plaintiff.
Dzwonar v. McDevitt, 828 A.2d 893, 901 (N.J. 2003). Plaintiff Lee has failed to identify what statute, rule, regulation, or clear mandate of public policy was violated (or was reasonable to believe was violated) by Zisa's placing recording devices on HPD premises. The suggestion that the Wire Tap statute was violated is not well supported. It appears that the CEPA claim fails.
G. Riotto's Fourteenth Amendment Claim
Plaintiff Riotto asserts a Fourteenth Amendment procedural due process claim against Zisa. The thrust of the allegation is that after Riotto brought a complaint against Salcedo, Zisa appointed Salcedo to investigate alleged wrongdoing by Riotto, and made this appointment while knowing that Riotto had already filed his complaint against Salcedo. Salcedo investigated disciplinary charges against Riotto for allegedly failing to timely report threats by one HPD officer against another. The disciplinary hearing was presided over by James Murphy, a retired Superior Court judge. Riotto was represented by counsel. Salcedo testified against Riotto at the hearing, apparently over Riotto's attorney's objections.
Plaintiff Riotto does not deny that he had notice and an opportunity to be heard. Rather, he denies that he had a neutral adjudicator (a purported friend of Zisa) and he argues that Salcedo was biased against him. More importantly, he argues that Zisa is responsible for the denial of a fair hearing because Zisa appointed Salcedo to investigate Riotto.
However, the decision to admit Salcedo's evidence at the hearing was Murphy's, not Zisa's. Second the decision to recommend Riotto for demotion was Murphy's, not Zisa's. Third, Riotto fails to elaborate any actual harm arising in connection from Riotto's purported bias. He puts forward no testimony tending to establish that Salcedo lied or even that he substantially shaded the truth to Riotto's disadvantage. Finally, Riotto has access to administrative and appellate review in which to correct any purported error by Murphy. In these circumstances the due process claim fails. See O'Neill v. City of Philadelphia, 32 F.3d 785, 790-91 (3d Cir. 1994) ("We have been given no reason why a litigant in a state administrative proceeding should be permitted to forego state-court [administrative or] judicial review of the agency's decision in order to apply for relief in federal court."); cf. Patsy v. Florida Bd. of Regents, 457 U.S. 496 (1982) (holding that exhaustion is not required where the proceeding is remedial, as opposed to coercive).
H. Riotto's Federal and State Conspiracy Claims
As to Count VII, the federal conspiracy claim under Section 1985, Riotto fails to oppose the defenses put forward by Defendants. As a result, Riotto's claim is waived or abandoned. Cf. Conroy v. Leone, 316 Fed. Appx. 140, 144 n. 5 (3d Cir. Mar. 9, 2009) ("We find this undeveloped argument has been waived."). As to the civil conspiracy claim, Count VIII, it fails because the underlying Fourteenth Amendment claim fails. See Williams v. Fedor, 69 F. Supp. 2d 649, 665 (M.D. Pa. 1999), aff'd, 211 F.3d 1263 (3d Cir. 2000); Def.'s Br. 29 (citing Fedor); Pl.'s Br.35 (same).
I. New Jersey Civil Rights Act
All the Court's ruling in regard to Section 1983 and Section 1985 equally apply to Plaintiffs' claims under the New Jersey Civil Rights Act, as to the two bodies of law are generally coextensive.
J. Other Relief
Defendant Zisa's application for relief under res judicata principles is denied as he can point to no final judgment in the related actions. The Court notes that the number of actions filed by Plaintiffs has continued to balloon over the last three years. Duplicative filings burden Defendants and the Court. Should the number of actions brought by the same Plaintiffs continue to grow without cause, the Court may revisit this issue or consider sanctions under Rule 11. Finally, Zisa's request to strike certain matters from the Pleadings is denied.
For the reasons elaborated above, the Court GRANTS in part, and DENIES in part Defendant C. Kenneth Zisa's motion to dismiss.
Count I: Lee's First Amendment claim against Zisa is DISMISSED.
Count II: Lee's CEPA claim is dismissed against Defendants Zisa, Padilla, and the City of Hackensack. I.e., Count II is DISMISSED.
Count IV: O'Connor's First Amendment claim against Zisa is DISMISSED.
Count VI: Riotto's Due Process claim against Zisa is DISMISSED.
Count VII: Riotto's federal conspiracy claim is DISMISSED.
Count VIII: Riotto's civil conspiracy claim against Zisa is DISMISSED.
Count IX: Lee's Free Speech/Freedom of Association-related claim against Zisa is DISMISSED. O'Connor's Free Speech/Freedom of Association-related claim against Zisa is DISMISSED. Riotto's Due Process-related claim against Zisa is DISMISSED.
Count I: Lee's First Amendment claim against Padilla will proceed.*fn7
An appropriate order accompanies this memorandum opinion.
William J. Martini
William J. Martini, U.S.D.J.
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Posh has debuted her new collection at New York fashion week not something I was instantly excited about. As with many others my first thoughts were that it would be a purely commercial collection sold mainly on her name.
But actually, I'll admit I am sometimes wrong and this may be one of those occasions. I think Posh is actually quite Savvy and seems to have made the fashion world sit up and take note. The collection made up mostly of shift/ sheath dresses was simple, understated and plain. The beauty of the dresses was there cut. Although most of the dresses were in true Posh style quite body conscious and most suitable for those with a figure like herself, they had lots of nice features like special seams to add curves where one wants curves. Perhaps all those years of wearing designer clothes has really paid off! My verdict - a great collection, very posh and ladylike.
pictures from http://www.elleuk.com/


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Dr Simon Green, Open University
Listen Now Download as mp3 from the show Analysing Asteroids
On the 14th-15th of February 2013, Earth will have a truly close encounter. Asteroid 2012 DA14, a lump of rock weighing somewhere around 130,000 tonnes will pass just 24,000 km from Earth. Thats closer than many satellites. Objects like these are known as Near-Earth Objects and they're of interest to scientists, but also to a group of entrepreneurs who are aiming to mine asteroids for their minerals.
Dominic - Were joined by Near Earth Object Specialist Dr. Simon Green from the Open University. First of all Simon, what do we mean when we talk about asteroids?
Simon - Asteroids are lumps of rock which formed in the inner Solar System, but never developed into a planet. So, they're essentially the building blocks of terrestrial planets like the Earth.
Dominic - And some of these are classified as near-Earth objects. Is there a strict definition of what that means?
Simon - Yes, anything that comes within 1.3 astronomical units. So, 1.3 times the distance of the Earth from the Sun is counted as a near-Earth object. Most likely, an asteroid, but it also could potentially be a comet.
Dominic - Roughly, how many objects are we talking about?
Simon - How long is a piece of string? It depends on the size. We know of about 10,000 objects at the moment, but thats just a tiny fraction of the total population. The smaller you go, the more there are, and so, there are many millions down to sizes of meters.
Dominic - I guess the big ones are quite easy to see, but the smaller ones are much harder to pick out.
Simon - Thats right. The larger ones attract we probably of 90 to 95% of all objects bigger than about a kilometre in size. Of things bigger than maybe 100 meters or so, we certainly know less than 10% of them.
Dominic - So, how do we go about looking for them?
Simon - With telescopes, we see it the best way using a wide field, CCD cameras and tracking the sky and looking for objects that move. So essentially, you'll look for objects that produce trails and images, or look like stars, but are changing position from minute to minute. And from the change in position, you can calculate the orbit.
Dominic - So, if youve got a near-Earth object that might come into collision with the Earth, how do you go about knowing how its going to travel through the Solar System in the future?
Simon - The orbits themselves, you can calculate and predict where an object will go if it doesnt have any other forces and gravity acting on it, but you need enough observations in order to track its orbit as it is now, and then you do calculations based on the perturbations from other planets, other asteroids. And the predictions are fine until you have a close encounter with a large body, and then its very, very difficult to predict afterwards. So, we can predict for objects when they might come close to a planet, but after that, we probably dont know. Now, most near-Earth asteroids, because they're in the inner Solar System, perhaps close to planets at some point, their orbits are not stable over long time periods. So, they probably only exist in the inner Solar System between 1 and 10 million years.
Dominic - Now, the object 2012 DA14 which is coming close to the Earth next week weighs 130,000 tonnes. How dangerous is an object that large?
Simon - This is actually the very bottom end of the kinds of objects that can penetrate the atmosphere and reach the ground. Its around 45 meters if you do the calculation, and its possible if its very fragile that it would explode in the upper atmosphere, much like an object in 1908 that damaged a large area of Siberia fortunately, there were no people involved. If its solid iron which might have come from the core of a larger asteroid, then it would certainly reach the ground and make a crater maybe 100 meters or larger in size. But this is at the very bottom end of the sort of damage scale, if you like, that we need to be worried about.
Dominic - We heard earlier about the asteroid that might have wiped out the dinosaurs. If we were to find an object that was quite large coming towards us, what could we do about it?
Simon - Something that big would be quite tough, but well probably know that thats not going to be the case, but something maybe a few hundred meters in size up to a kilometre, we would need to be able to try and deflect it. And then we need to therefore know its orbit and predict where its going to go with many years, preferably decades ahead of time.
We can then use a number of different techniques. It might be a kinetic impactor firing a spacecraft into the target that produces a tiny change in its momentum and therefore, its track, but magnified over a number of years, it can be enough to miss the Earth. We could use something like a gravity tractor where you bizarrely use the gravity of the spacecraft itself, take it close to the object and then fire the rockets very, very gently and use that small gravity of the spacecraft to just gradually change its orbit. Both of those techniques will take a long time and we may not have that level of warning. In the end probably, the only alternative is to let off nuclear weapons very close to the object, vaporising some of the material in a jet effect, and then move the target.
Dominic - I guess its reassuring to know that those options are there. Thank you very much, Simon. Thats Simon Green from the Open University.
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The typical assumption is to detonate a nuke next to it such that the pressure of the radiation will exert so much force as to change its velocity a bit. Then if we've done this in enough advance time then we can change its orbital path enough so that it will miss the Earth. Pmb, Fri, 15th Feb 2013
The best thing to do is not see them - if someone sees one, it forces a collapse of the wavefunction and makes the path of the asteroid become certain, at which point it may hit us. If we avoid seeing it, it will remain uncertain as to where it is so it can miss us and hit us at the same time, and then we'll continue to exist in a universe where it missed. David Cooper, Fri, 15th Feb 2013
A lot depends on the size and pre-warning.
I like it in theory, but in practice when I've tried to collapse the waveform of a substantial payrise I always wind up in the wrong universe. The same thing could happen here, so I vote for installing solar sails. Ophiolite, Fri, 15th Feb 2013
A number of those techniques like the nuclear explosion or solar sail rely on evaporating volatile material, forming a diffuse gas jet which would deflect the object. Presumably this would work better on objects with lots of volatiles (like a comet) than one with lots of iron or stone.
We can't. yor_on, Sat, 16th Feb 2013
How far could one maintain a high power laser in space?
We could try catching them with a net an move them off course three space shuttle connected then detached with a net wrapping around the meteor using side rockets to push the three shuttles apart grabbing the meteor.....( Meteor Exstraction Service ) shane, Wed, 20th Feb 2013
Try catching the asteroids in a net and move them else where with a powerful rockets of some kind shane, Wed, 20th Feb 2013


text:
We are 3 Blind Mice. In 2009, 3 people forged a network of entrepreneurs, game-changers & connectors to service our first major client. Today, 3 Blind Mice has become an invaluable business partner to a host of dynamic clients thanks to our collective academic foundation and track record in consumer psychology, technology & experiential marketing .
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Villa for Sale in Meydan City
Reference #: SF-S-18836
Millenium Estates – Meydan City
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Introducing Dubai Millennium Estates, the city's newest community of 198 luxury villas located in Meydan's inner circle. Neighbouring The Grandstand, G&CO's latest property offers the best of fine suburban living with the convenience of nearby urban destinations – including DIFC, Downtown Dubai and a direct link to Sheikh Zayed Road. Modern, sleek and complete with exquisite finishes, live at the most unique address in town.
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text:
Large eyebrows are still "in fashion" and of course long eyelashes are, which shouldn't be a surprise since they always have been. Unfortunately not everyone (or should I say most people) aren't born with them, and even with great makeup it can be hard to fake. So I was very interested when the people over at RevivLash offered to send me their lash and brow stimulating serum. I've previously reviewed their TelomErase Serum so I had high hopes for this product.
Alright so this beauty product arrives in a square black cardboard box. The outside has pink and white font with the RevivLash name and that this is a Lash + Brow Stimulating Serum. There's also a white sticker with some information. Inside is a clear plastic tube that's about the same shape as a mascara tube. There is a black sticker around the middle that matches the box. The lid is the normal pull off kind at the top.
Verdict: Although I'm never a fan of products being yellow in color this RevivLash doesn't leave behind any tint or coloring so I can't complain about it too much. The serum feels good going on and didn't irritate my skin at all. I've been using it for a little while and can already feel my eyebrows fill in more, from all that bad blocking that I did.


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- Condition:
- used
- Stock number:
- Subcategory:
- Bottle cleaner
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- Filling and packaging
Unused e pak machinery inc 18-head vial air rinse system with diving nozzles and control panel. 20hd electropolished bottle blower manifold with blower head, mcmaster 1 hp dust collector, 18hd disc blower line distribution, 1/4″ diameter nozzles, 51 in l nozzle bar frame, 40 in l nozzle assembly, threaded 3/4″ diameter x 9″ high adjustable feet. Electrical: 3/480/60
Get email updates for processing


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See Details on eBay
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Great seller with very good positive feedback and over 50 ratings.


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Cat Kitten HD Wallpaper in Animals Cat Category
Updated: 2013-09-14 View: 534 Uploader: Admin Category: Animals SubCategory: Cat
Description: Cat Kitten HD Wallpaper is a very suitable as your computer & pc desktop background, Cat Kitten HD Wallpaper was tagged with: Animals,Cat,Kitten in Animals Cat category. You can free download or save Cat Kitten HD Wallpaper as your computer & pc desktop background. Also you are welcome to share your opinion on Cat Kitten HD Wallpaper by using the comment form as below.
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Description of this paper
Computer Science
As part of the design team on a major government defense project, it is time to create your first mock-up of this terrorist identification and tracking user interface.;Create a mock-up interface for the terrorist suspect identification program.;Use at least 3 user interface design techniques.;Ensure that the interface can track the following information;Real name;Aliases;Location;Nationality;Date of birth;Recent picture;Suspected activities;Other known or suspected terrorists contacted;Arrest record;Outstanding warrants;Map;A Way to Print /Fax;Auto Translate function;A way to upload photo/ fingerprints;The screen should be able to be;opened.;closed.;next.;previous.;minimized.;maximized.;Submit a screenshot in MS Word or another application (if functional).
Paper#68470 | Written in 18-Jul-2015Price : $27


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United States District Court, M.D. Pennsylvania
September 2, 2005.
DAVID G. LUSICK, Plaintiff,
Dr. ARMITT KULLAR, et al., Defendants.
Plaintiff, David G. Lusick, an inmate at the Smithfield State
Correctional Institution ("SCI-Smithfield") at Huntingdon,
Pennsylvania, commenced this action with a civil rights complaint
(Doc. 1) filed pursuant to the provisions of 42 U.S.C. § 1983.
Plaintiff alleges that he received improper dental treatment
while incarcerated at SCI-Smithfield. For relief, Plaintiff seeks
compensatory and punitive damages. Subsequently, Plaintiff filed
an amended complaint (Doc. 23), in which he reiterates the
original claim, and he adds a claim challenging his trial and
conviction which took place in 1994. He alleges that the
prosecutors withheld exculpatory evidence in violation of his due
process rights under the Fifth and Fourteenth Amendments of the
United States Constitution. For the reasons that follow, and
because Plaintiff's claims in his amended complaint do not
satisfy the requirements for permissive joinder pursuant to
Federal Rule of Civil Procedure 20(a), he will be given the
opportunity to file a second amended complaint which must comport
with the requirements of Rule 20. Failure to do so will result in
the dismissal of all of Plaintiff's claims with the exception of
the first count related to improper dental care at
SCI-Smithfield. II. Discussion
Plaintiff's amended complaint joins two unrelated claims
against two unrelated defendant groups. Federal Rule of Civil
Procedure 20, titled Permissive Joinder of Parties, states, in
pertinent part:
(a) Permissive Joinder. All persons . . . may be
joined in one action as defendants if there is
asserted against them jointly, severally, or in the
alternative, any right to relief in respect of or
arising out of the same transaction, occurrence, or
series of transactions or occurrences and if any
question of law or fact common to all defendants will
arise in the action. A plaintiff or defendant need
not be interested in obtaining or defending against
all the relief demanded. Judgment may be given for
one or more of the plaintiffs according to their
respective rights to relief, and against one or more
defendants according to their respective liabilities.
Rule 20 is a flexible rule that allows for fairness and
judicial economy. Rule 20(a) permits joinder in a single action
of all persons asserting, or defending against, a joint, several,
or alternative right to relief that arises out of the same
transaction or occurrence and presents a common question of law
or fact. The purpose of the rule is to promote trial convenience
and expedite the final determination of disputes, thereby
preventing multiple lawsuits. 7 Charles Alan Wright, Arthur R.
Miller, & Mary Kay Kane, Federal Practice and Procedure § 1652
at 371-72 (1986). "Instead of developing one generalized test for
ascertaining whether or not a particular factual situation
constitutes a single transaction or occurrence for purposes of
Rule 20, the courts . . . have adopted a case by case approach."
Id. at § 1653 at 382. When the district court decides pre-trial
issues, as whether the particular facts warrant joinder, its
decision is subject to review only for abuse of discretion.
Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir. 1999). In United Mine Workers of America v. Gibbs, 383 U.S. 715, 724
(1966), the Supreme Court held that "[u]nder the Rules, the
impulse is toward entertaining the broadest possible scope of
action consistent with fairness to the parties; joinder of
claims, parties and remedies is strongly encouraged." Consistent
with this policy, the transaction and common question
requirements prescribed by Rule 20(a) are to be liberally
construed in the interest of convenience and judicial economy.
Swan v. Ray, 293 F.3d 1252, 1253 (11th Cir. 2002). The
Ninth Circuit Court of Appeals has noted that the policy of
liberal application of Rule 20 is not a license to join any and
all claims and defendants in one lawsuit:
Permissive joinder is not, however, applicable in all
cases. The rule imposes two specific requisites to
the joinder of parties: (1) a right to relief must be
asserted by, or against, each plaintiff or defendant
relating to or arising out of the same transaction or
occurrence, or series of transactions or occurrences;
and (2) some question of law or fact common to all
the parties must arise in the action.
Plaintiff's disparate claims share neither common legal issues
nor common facts, and accordingly they are inappropriate for
joinder under Rule 20. A careful reading of Plaintiff's
allegations shows that the only common thread they all share is
that they allegedly occurred within the Commonwealth of
Pennsylvania; the Defendants and the alleged actions are entirely
unrelated, and they do not satisfy the elements of joinder.
There also exists another important reason for requiring
compliance with Rule 20. The Prison Litigation Reform Act of 1995
("PLRA"), Pub.L. No. 104-134, 110 Stat. 1321 (April 26, 1996),
substantially changed the judicial treatment of civil rights
actions by state and federal prisoners. One major change was that
pursuant to the PLRA, the full filing fee ultimately must be
paid, at least in a non-habeas action. In being permitted to
combine in one complaint two separate, independent claims, Plaintiff is able
to circumvent the filing fee requirements of the PLRA.
Based on the foregoing, and in the interests of justice to this
pro se litigant, see Haines v. Kerner, 404 U.S. 519, 520-21
(1972), Plaintiff will be granted twenty (20) days within which
to submit an amended complaint which satisfies Rule 20. Plaintiff
is advised that the "amended complaint must be complete in all
respects. It must be a new pleading which stands by itself as an
adequate complaint, without reference to the complaint already
filed." Young v. Keohane, 809 F. Supp. 1185, 1198 (M.D. Pa.
1992). Additionally, it must establish the existence of actions
by Defendants which have resulted in constitutional deprivations,
Nicini v. Morra, 212 F.3d 798, 806 (3d Cir. 2000), and the
claims should raise common questions of law or fact, and the
claims shall be based upon a common set of operative facts.
Fed.R.Civ.P. 20(a). Failure to file an appropriate amended
complaint will result in the dismissal of all but the first claim
contained in the first amended complaint (alleging inadequate
medical care) and the Court will proceed thereon. An appropriate
Order follows. ORDER
AND NOW, THEREFORE, THIS 2nd DAY OF SEPTEMBER, 2005, in
accordance with the foregoing Memorandum, IT IS HEREBY ORDERED
1. Within twenty (20) days from the date of this
Order, Plaintiff may file a second amended complaint
in accordance with Federal Rule of Civil Procedure
2. Failure to submit a second amended complaint in
accordance with the attached Memorandum will result
in the dismissal of all but the first count contained
in Plaintiff's first amended complaint, related to
inadequate dental care at SCI-Smithfield.
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Season 3, Episode 2 MADtv
First Aired: September 27, 1997
Carmen Electra of "Baywatch" hosts. Included: Salt-n-Pepa join the stork for a visit to "Cabana Chat"; and two veteran Broadway hoofers star in "Batman V: The Musical." Regulars include Nicole Sullivan, Chris Hogan, Lisa Kushell, Aries Spears and William Sasso.
Cast & Details See all »
- Premiered: October 14, 1995
- Rating: TV-14
- Premise: An entertaining (and often inspired) sketch-comedy series that Fox launched as its answer to 'Saturday Night Live,' with TV, movie and commercial spoofs; animated segments; and performances by musical artists. (more)
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