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- Worldwide Rank #127,583,734
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Is this restaurant good for dining on a budget?
Is this restaurant good for large groups?
Is this restaurant good for business meetings?
Does this restaurant have parking?
Is this restaurant good for dinner?
Is this restaurant good for brunch?
Does this restaurant offer free wifi?
Does this restaurant offer outdoor seating?
Does this restaurant offer highchairs for toddlers?
Is this restaurant good for bar scene?
Thanks for helping!
Great food. Awesome ambiance. Friendly staff. Well managed. All this and close to home. Highly recommend!
Thank you for the great review. We all really appreciate it.
Hope to see you soon!
Mamma Onesta's
We visited the restaurant last night and prior to arriving we were very favourably predisposed to anticipating a GREAT meal.
The staff was on top of their game and attentive throughout the whole time we were there; high scores all around for service.
The space is nice and somewhat cozy but loud due to the open floor plan and loft...
Really sorry about the size of the Salmon. I'm not sure why it was 4 to 6 oz. We weigh everything and give abut 10-12 oz of salmon with every order. This is the same with our Red Snapper. It's actually the same for most of our meat and fish dishes. I am really sorry. As far as our prices,...
The food is fantastic. The ambiance is great and the wait staff is highly skilled and engaging. Highly recommend.
Thanks for the great review. We really appreciate it. We hope to see you soon.
The DeGrassi Family
Delicious food, great house wine, great service! I have eaten there several times, so I decided to have my daughters baby shower there they do great job for parties too!
Thanks for the great review. We really appreciate all your business!
Thank you,
Mamma Onesta's
A great little Italian restaurant .had the Veal Parmesan it was excellent.service was great .a definite return. Cozy little restaurant
Thanks for the great review. We hope to see you soon!
Mamma Onesta's
Wife & I went here for our 47th anniversary. We were looking for a good Italian Food & had heard about Mamma Onesta"s from a friend. Well, glad we tried this place. The food was wonderful & the service was excellent!
We're glad you picked our restaurant for your anniversary. We are really happy you enjoyed it.
Hope to see you soon.
The DeGrassi Family
Just incredible. Never had better lasagna in my life. Nothing more I can say about it! Great atmosphere inside. A bit cramped, but the food makes up for it.
5 Stars. Will be back again.
Thanks for the review. We hope to see you soon.
The DeGrassi Family
Frank and company do a great job and these are some of the best veal dishes of any Italian restaurant we've visited. Lasagna is wonderful and even the spaghetti and giant meatballs are great. Salads and desert are great too. Oh and so are the prices. You almost owe it to yourself to go and find out for yourself.
Thanks for the great review. I couldn't do it without the great staff at Mamma Onesta's.
Hope to see you soon!
Frank DeGrassi
And the Mamma Onesta's Family!
One of our all-time favorite restaurants. We've been here several times and they never disappoint. Place is cozy and offers a warm welcome whether you're dressed up, or come in shorts and sandals. Nice selection of wines, everything fair priced, run by a FAMILY who obviously care very much about their patrons and experience. When I made reservation, I mentioned...
Great review THANK YOU!! Love your idea with the servers dressing up a bit! I think we'll definitely look into that idea!
Thank you!
The DeGrassi Family
This is my favorite Italian restaurant. The ingredients taste fresh, not jarred. The lasagna is very good--not overstuffed with egg and ricotta filler. Gnocchi, fettuccine alfredo, carbonara, red snapper, meatballs--all very good! You may want to split a dish if you don't want leftovers. Family restaurant, service is good, not stuffy. Parking available along street. They will accommodate special food...
Thanks for the great review. We are adding side of meatballs and all our other sides to our menu very soon. This includes vegetables. Thanks to customers like you that requested sides for their entrees.
Thank you,
The DeGrassi Family
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Are you and your family as nice as I hear you are?
what comes with the dinners ? salad or soup . How about bread and butter.
Hello Frank, I was in Lockport for the past two weeks and visited your restaurant with friends. Please confer with your kitchen staff as I am sure they had to have known the sauce was clearly burnt. The pot had to have been difficult to clean!
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subset: commoncrawl


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Meet Ole Miss — the 2012 SEC champions.
At least that's what one media member anonymously proposed Thursday when the SEC media poll was released prior to the start of the final day of media days in Alabama.
The Rebels, which finished 2-10 a year ago, fired coach Houston Nutt and dismissed their best player Nickolas Brassell during the offseason, not only received a vote to win the SEC West, they received a vote to win the SEC as a whole.
I'm all in favor of optimism, but this is ridiculous.
[Related: Underachiever Texas A&M has to prove it belongs in the SEC]
Ole Miss has never represented the SEC West in the championship game and for good reason. It plays on the same side of the league as LSU, Alabama and Auburn, which have combined to win four of the last five national championships. Not to mention a pretty good Arkansas team also plays in that division.
Need more perspective on how crazy this is? Ole Miss has not won a league game since beating Kentucky 42-35 in 2010 and that's the only league game the Rebels have won in the past two seasons.
Luckily it was just one vote and there's not some sort of media uprising brewing to throw off the natural order of things. Most media voted sanely and picked LSU to win the league championship with Alabama in second.
It's probably just as well that the identities of the 222 media members who vote in the media poll are not publicly revealed. Still, when the league office received that ballot, it had to be wondering whether giving that person a vote was the right thing to do.
- - -
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January 19, 2012
STEVEN R. RODRIGUEZ, PLAINTIFF,v.CITY OF STOCKTON, ET AL. DEFENDANTS.
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under 42 U.S.C. § 1983. He alleges that defendants Pierce, Nance, Swails and Ridenour, all of whom were at the relevant time officers in the Stockton Police Department, "acted in concert and conspired to plant evidence, illegally arrest, illegally charge and convict, illegally search and seize property without a warrant to justify and conceal their official and individual misconduct" in bringing criminal charges against the plaintiff, and that they did so in retaliation for a claim for damages plaintiff filed against Ridenour. Complaint at 9, 15-16 (Docket No. 1).*fn1 He also alleges that Swails and Pierce committed perjury "to bolster their illegal actions[.]" Id. at 15. He seeks damages and declaratory and injunctive relief. The defendants have moved to dismiss, arguing that plaintiff's claims are barred under the Supreme Court's decision in Heck v. Humphrey, 512 U.S. 477 (1994). The motion has been fully briefed.
I. Background
It appears from the pleadings that plaintiff first ran afoul of law enforcement in 2001, when he was arrested by an "FBI task force" in Stockton, California. See Complaint, Exhibit A. He was convicted on June 13, 2002, in San Joaquin County Superior court on charges of driving a vehicle without permission and receiving stolen property and sentenced to eight years in prison. In 2004, he filed a federal habeas action challenging that conviction. See Rodriguez v. Scribner, Civil Action No. 2:04-cv-0725 LKK DAD P. He was paroled on May 18, 2008, while that action was still pending. See Complaint at 5. On August 19, 2008, this court conditionally granted his petition for writ of habeas corpus, finding that the plaintiff's waiver of the right to counsel was involuntary because he was not advised by the state trial court of the dangers of self-representation. See Rodriguez v. Scribner, Civil Action No. 2:04-cv-0725 LKK DAD P, Order at 2 (Docket No. 43).*fn2 According to the complaint in this case, the state trial court, acting in accordance with this court's order, vacated plaintiff's 2002 conviction on January 20, 2009. See Complaint at 5.
On June 29, 2009, plaintiff filed a claim for damages with the City of Stockton, alleging that defendant Ridenour, a sergeant in the Stockton Police Department, falsified a report in connection with the 2001 arrest and committed perjury at plaintiff's trial in 2002. See Complaint, Exhibit A.
On September 5, 2009, the plaintiff was involved in a traffic stop in Stockton. See Complaint at 6. The stop was conducted by defendants Pierce and Nance, officers with the Stockton Police Department. Id. Defendant Ridenour arrived at the scene soon after the stop and ordered that plaintiff's car be searched. Id. at 8. Plaintiff alleges that at one point, while he was detained in the back seat of a police car, Ridenour told him "I'm sending you back to prison 'cause I hate you for making me look bad in a prior trial." Id. at 9. Plaintiff was arrested and charged on numerous felony and misdemeanor counts, including possession of a controlled substance with a firearm, possession of a firearm that had been altered (a sawed-off shotgun), carrying a concealed weapon, and felon in possession of a firearm. See id., Exhibit C at 25-29.
Plaintiff filed this action on January 26, 2010. The court's screening order limited service to defendants Pierce, Nance, Swails and Ridenour and allowed plaintiff to proceed against them on his claims of retaliation, false arrest, illegal search and seizure, and perjury and falsification of evidence. See Docket No. 9. At the time of screening, plaintiff had not stood trial on the charges arising from the arrest of September 5, 2009. The defendants responded to his complaint by pointing out that "they [are] the same officers involved in the pending criminal prosecution" and moved for dismissal without prejudice on that basis. See First Motion to Dismiss (Docket No). 17. The court instead recommended that this action be stayed until the charges against plaintiff were resolved. See Findings and Recommendations (Docket No. 31). However, before the district judge addressed the recommendation, the defendants filed a request for judicial notice, informing the court that on December 8, 2010, a jury found plaintiff guilty on all five counts presented. See Request for Judicial Notice at 5 (Docket No. 34). The court granted the request for judicial notice, vacated the recommendation of a stay and ordered defendants to respond to the complaint. See Docket No. 35. Defendants responded so with the instant motion to dismiss under Rule 12(b)(6), in which they argue that plaintiff's conviction bars this action under Heck v. Humphrey, supra.
II. Analysis
Federal Rule of Civil Procedure 12(b)(6) allows a party to seek dismissal on the basis that a plaintiff cannot or has not stated a claim on which relief could be granted. In addressing such a motion, the court must accept the allegations as true, Erickson v. Pardus, 551 U.S. 89, 94 (2007), and construe the complaint in the light most favorable to the plaintiff. See Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). Pro se pleadings are held to a less stringent standard than those drafted by lawyers. See Haines v. Kerner, 404 U.S. 519, 520 (1972). Still, to survive dismissal for failure to state a claim, a pro se complaint must contain more than "naked assertions," "labels and conclusions" or "a formulaic recitation of the elements of a cause of action." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-557 (2007). In other words, "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements do not suffice." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). Furthermore, a claim upon which the court can grant relief must have facial plausibility. Twombly, 550 U.S. at 570. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 129 S. Ct. at 1949. Attachments to a complaint are considered to be part of the complaint for purposes of a motion to dismiss for failure to state a claim. Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1555 n.19 (9th Cir.1990).
Defendants rely on Heck v. Humphrey for their argument that plaintiff's claims are barred by his conviction on numerous charges in 2010. In Heck, the plaintiff had been convicted of voluntary manslaughter. While his appeal was pending, he alleged that two prosecutors and a law enforcement officer "had engaged in an 'unlawful, unreasonable, and arbitrary investigation' ... 'knowingly destroyed' evidence ... and caused an 'illegal and unlawful voice identification procedure' to be used at... trial." Heck, 512 U.S. at 479. The Supreme Court ruled that a § 1983 action that would necessarily call into question the lawfulness of a plaintiff's conviction is not cognizable unless the plaintiff can show his conviction has been reversed. Id. at 486-87. The Court stated that a "cause of actions for damages attributable to an unconstitutional conviction or sentence does not accrue until the conviction or sentence has been invalidated." Id. at 489-90 (footnote omitted). It has been clear ever since Heck that any such claim must be dismissed. See Trimble v. City of Santa Rosa, 49 F.3d 583, 585 (9th Cir.1995).
A. Plaintiff's claims for illegal search, seizure, arrest and conviction The Ninth Circuit has held that Heck bars claims challenging the constitutionality of an arrest, prosecution and eventual conviction where a judgment in favor of the plaintiff would imply the invalidity of that conviction. See Guerrero v. Gates, 442 F.3d 697, 703 (9th Cir.2006) (Heck barred plaintiff's claims of wrongful arrest, malicious prosecution and conspiracy among police officers to bring false charges against him); Cabrera v. City of Huntington Park, 159 F.3d 374, 380 (9th Cir.1998) (Heck barred plaintiff's false arrest and false imprisonment claims until conviction was invalidated); Smithart v. Towery, 79 F.3d 951, 952 (9th Cir.1996) (Heck barred plaintiff's claims that defendants lacked probable cause to arrest him and brought unfounded charges against him). The Ninth Circuit has also found that a civil rights action seeking damages for an allegedly illegal search and seizure upon which criminal charges are based is barred by Heck until the charges are dismissed or the conviction overturned. See Harvey v. Waldron, 210 F.3d 1008, 1015-16 (9th Cir.2000).
The effect of Heck and its progeny on plaintiff's claims for false arrest, illegal search and seizure, and perjury and falsification of evidence is clear: his demands for damages and declaratory relief on those claims is barred until his conviction is overturned. His demand for an injunction that defendants "stop harassing, fabricating evidence and concealing evidence and committing perjury" in his criminal case is also barred under Heck. Furthermore, in light of the conclusion of his trial proceedings, any claim for such an injunction is moot.
B. Plaintiff's retaliation claim
The defendants make no distinction between, on the one hand, plaintiff's attacks on the legalities of the stop, the search and seizure, and the case that the defendants ultimately made against him and, on the other hand, plaintiff's attack on defendants' motive for arresting him and putting him on the path back to prison. The distinction should not be ignored because courts have reached different conclusions in considering whether the Heck rule bars retaliation claims. Compare Woods v. Smith, 60 F.3d 1161, 1164 (5th Cir. 1995) (finding that "favorable termination is not a requisite of a retaliatory interference claim") with Jackson-El v. Winsor, 986 F.Supp. 440, 444 (E.D. Mich. 1997) (claim that defendant prepared false disciplinary charge against defendant subject to Heck). Retaliation by a state actor for the exercise of a constitutional right can be actionable under § 1983 even if the retaliatory act would have been proper or justified under different circumstances. See Mt. Healthy City Bd. of Education v. Doyle, 429 U.S. 274, 283-84 (1977).
"As a general matter the First Amendment prohibits government officials from subjecting an individual to retaliatory actions, including criminal prosecutions, for speaking out." Hartman v. Moore, 547 U.S. 250, 256 (2006). To state a claim of retaliation, a plaintiff must show: (1) he engaged in constitutionally protected activity; (2) as a result, he was subjected to adverse action by the defendant that would chill a person of ordinary firmness from participating further in the protected activity; (3) there was a substantial causal relationship between the protected activity and the adverse action. Blair v. Bethel School District, 608 F.3d 540, 543 (9th Cir. 2010). The Ninth Circuit has characterized "substantial causal relationship" to mean "butfor causation." See Skoog v. County of Clackamas, 469 F.3d 1221, 1232 (9th Cir. 2006).
Plaintiff alleges that while he was detained in the back seat of a police car during the traffic stop that led to his arrest and conviction, defendant Ridenour "threatened" him by saying, "I'm sending you back to prison 'cause I hate you for making me look bad in court." Complaint at 9. If that allegation is true, Ridenour's statement could evince a retaliatory animus against plaintiff for the habeas relief he obtained from his conviction in 2002 or for the complaint he filed against Ridenour on June 29, 2009 -- a complaint that, as plaintiff points out, preceded his arrest on September 5 by only sixty-nine days. Plaintiff is not entirely clear on which action supposedly prompted Ridenour to retaliate, but it is clear that both are protected exercises of free speech under the First Amendment.
Plaintiff thus meets the first two of the three elements of an "ordinary" retaliation claim: he engaged in constitutionally protected activity, and he suffered an adverse action that would chill an ordinary person from pursuing that activity again. However, Ridenour's alleged statement that "I'm sending you back to prison" gives plaintiff's cause of action the character of a claim for retaliatory prosecution, which is not an "ordinary" retaliation claim. See Skoog, 469 F.3d at 1231-34 (distinguishing between "ordinary" retaliation claims and claims of retaliatory prosecution). The U.S. Supreme Court described the non-ordinary complications embedded in a claim for retaliatory prosecution in Hartman v. Moore:
A [civil rights] claim for retaliatory prosecution will not be brought against the prosecutor, who is absolutely immune from liability for the decision to prosecute. Instead, a defendant will be a nonprosecutor, an official, like an inspector... who may have influenced the prosecutorial decision but did not himself make it, and the cause of action will not be strictly for retaliatory prosecution, but for successful retaliatory inducement to prosecute. The consequence is that a plaintiff... must show that the nonprosecuting official acted in retaliation, and must also show that he induced the prosecutor to bring charges that would not have been initiated without his urging.
Hartman, 547 U.S. at 262. As the Supreme Court acknowledged, there is an obvious and problematic disconnect between the unconstitutional motivation of a law enforcement officer who is alleged to have pressed charges in retaliation for a person's exercise of protected speech and the charging decision of a prosecutor who is presumed, as a matter of law, to have acted in good faith in bringing those charges to court. See id. at 263 (citing "the longstanding presumption of regularity accorded to prosecutorial decisionmaking"). The disconnect is one of causation, the third element of a retaliation claim. "The causal connection required here is not merely between the retaliatory animus of one person and that person's own injurious action, but between the retaliatory animus of one person and the action of another. ... Herein lies the distinct problem of causation in cases like this one." Id. at 262-63.
"Some sort of allegation, then, is needed... to bridge the gap[.]" Id. at 263. The Hartman decision held that the gap would be bridged by an affirmative allegation and showing by the plaintiff that the prosecution lacked probable cause. Id. The Court found that "a retaliatory motive on the part of an official urging prosecution combined with an absence of probable cause supporting the prosecutor's decision to go forward are reasonable grounds to suspend the presumption of regularity behind the charging decision." Id. at 265. The Court added that a lack of probable cause would not necessarily be dispositive evidence in support of a retaliation claim, but it would be "enough for a prima facie inference that the unconstitutionally motivated inducement infected the prosecutor's decision to being the charge." Id. Therefore, "under Hartman, if a plaintiff can prove that the officials secured his arrest or prosecution without probable cause and were motivated by retaliation against the plaintiff's protected speech, the plaintiff's First Amendment suit can go forward." Beck v. City of Upland, 527 F.3d 853, 863-64 (9th Cir. 2008).
In Cohea v. Salter, 2009 WL 3128949 (E.D. Cal.), this court, analyzing the Fifth Circuit's opinion in Woods, supra, drew a distinction "'between a [retaliation] claim where 'the focus of [the] action is the underlying merit of the underlying proceeding,'" and is thus barred by Heck, and a retaliation claim that "'focuses on the interference, asking only whether there has been an obstruction of the exercise of a constitutional right'" and is therefore not barred Id. at *4 (quoting Woods, 60 F.3d at 1165). The Hartman ruling places this case in the former, Heck-barred category. Hartman did not involve a plaintiff who had been convicted in an allegedly retaliatory prosecution; in fact, the Hartman plaintiff had stood trial as a criminal defendant and was acquitted, after a six-week trial in federal court, when the district judge ruled there was a "complete lack of direct evidence" to convict him after the close of the government's case. Hartman, 547 U.S. at 254. Hartman therefore did not contain any issues emanating from Heck, but Hartman controls this case insofar as plaintiff must plead and prove there was no probable cause for his arrest and prosecution. The litigation of probable cause to arrest and prosecute the plaintiff would necessarily center on the lawfulness of the underlying criminal conviction. Such a case would, in effect, re-litigate plaintiff's conviction on all five of the counts on which he was found guilty at trial. Heck clearly forbids such a case from going forward. Hartman's probable cause requirement thus lays the Heck bar squarely in front of plaintiff's allegations and prevents him from stating a cognizable claim of retaliation against the defendants. Their motion to dismiss should be granted.
Accordingly, IT IS RECOMMENDED that:
1. The motion to dismiss (Docket No. 38) be granted without prejudice to plaintiff's bringing his claims upon reversal or vacation of his underlying criminal conviction.
2. This case be closed.
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 twenty-one 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." Any reply to the objections shall be served and filed within fourteen days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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The the leading causes of unintentional fatal and non-fatal injury in children 1 to 9 years of age, according to the Centers for Disease Control and Prevention, include falls, motor vehicle traffic accidents, drownings and fires. Teaching your child age-appropriate, general rules about how to avoid these dangers and what she should do in an emergency could help her stay safe.
Motor Vehicle Traffic Accident Prevention
Teach your child that when he gets in the car, he needs to buckle up right away. Kids Health emphasizes that no matter how short the car ride and regardless of how fast the car is traveling, buckling up properly with a seat belt, booster seat or car seat is necessary. Another rule to teach your little one is that he must ride in in the back. The back seat, explains Kids Health, is simply the safest place for children 12 and under, no exceptions.
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Falls are the No. 1 cause for non-fatal injuries for kids of all ages, reports the CDC. Almost 2.8 million children are treated for injuries from falls in U.S. emergency rooms each year. One very important rule is to always wear a helmet when riding a bike or scooter or when skating, and to wear protective gear and pads when playing sports. Help prevent falls from trees and playground equipment by teaching your little one that she may only climb with permission from an adult and under supervision.
- Centers for Disease Control and Prevention: Injury Prevention and Control - Data and Statistics (WISQARS)
- Kids Health: Staying Safe in the Car and on the Bus
- Centers for Disease Control and Prevention: Unintentional Drowning - Get the Facts
- Starfish Aquatics Institute: Our Management Team -- Jennifer Calver White, Starfish Swimming Program Director
- Kids Health: What to Do in a Fire
- Centers for Disease Control and Prevention: Falls - Children
- Photo Credit Goodshoot/Goodshoot/Getty Images


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March 9, 2009
UNITED STATES OF AMERICAv.CHALAMAR MUHAMMAD, ET AL.
Before the court is the motion of plaintiff United States for alternative service of defendant Doranna Muhammad. A complaint against Chalamar Muhammad, her husband Curtis Muhammad, and her mother Doranna Muhammad was filed on December 11, 2008 to enjoin them from acting as federal tax preparers. Service was made on Chalamar and Curtis but neither answered the complaint or otherwise responded to the lawsuit. Default was entered against them on January 26, 2009. Upon the motion of the Government, the court entered a permanent injunction against Chalamar and Curtis on February 11, 2009.
The Government has yet to serve Doranna. In the motion before us and in the attached affidavits, it describes the following efforts to serve Doranna. On December 29, 2008 it attempted to serve her at Chalamar's home located at 24 Skyview Lane, Thorndale, Pennsylvania. Chalamar answered the door and told the process server that Doranna no longer resided there. She refused to provide any further information. The Internal Revenue Service subsequently conducted a search and determined that Doranna likely resided at 503 1st Montgomery Boulevard, Thorndale, Pennsylvania 19372.
A process server made seven attempts to serve Doranna at the Montgomery Boulevard address on every day of the week except Sunday and at different times of day.*fn1 No one answered the door on any of these visits. The process server confirmed that Doranna resides at this address by speaking with neighbors and with a representative in the leasing office for the property. One of the neighbors informed the process server that Doranna is elderly and unable to answer the door herself. The neighbor also said that Doranna's daughter frequently visits her. The process server, however, was unable to make contact with Doranna's daughter at the Montgomery Boulevard address. He left a business card at Doranna's property on six occasions without receiving a callback.
In its brief, the Government states that it mailed copies of its court filings to Doranna both at the Montgomery Boulevard address and at Chalamar's address. However, it does not support this statement with an affidavit. In the pending motion it seeks permission to obtain service on Doranna by publication in Chester County.
Rule 4(e) of the Federal Rules of Civil Procedure provides that a defendant "may be served in a judicial district of the United States by ... following state law for serving a summons." Rule 402 of the Pennsylvania Rules of Civil Procedure permits process to be served "by handing a copy to the defendant" or "by handing a copy ... at the residence of the defendant to an adult member of the family with whom he resides." The Government brings its motion for alternative service under Rule 430(a) of the Pennsylvania Rules of Civil Procedure, which states:
If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made.
In Pennsylvania, service other than by hand delivery to a defendant is a last resort. Accu-Tech Corp. v. Network Techs. Group, Inc., No. Civ.A. 05-1973, 2005 WL 1459543, *1 (E.D. Pa. June 17, 2005). A plaintiff seeking leave for alternative service must demonstrate the following:
First, the person must show a good faith effort to locate the person on which service is to be made. Second, plaintiff must undertake practical efforts to serve defendant under the circumstances. If the plaintiff has satisfied these first two steps, she must then show that the proposed alternate method of service is reasonably calculated to provide the defendant with notice of the proceedings against him.
Calabro v. Leiner, 464 F. Supp. 2d 470, 470-71 (E.D. Pa. 2006).
"[N]early all of the scarce case law addressing Pennsylvania Rule of Civil Procedure 430(a) involve plaintiff's request for publication when the whereabouts of defendants is unknown." Id. at 471 n.3 (emphasis in original). That is not the case here. The process server confirmed with neighbors and with the property leasing office that Doranna Muhammad resides at 503 1st Montgomery Boulevard, Thorndale, Pennsylvania. Therefore, step one, a good faith effort to locate the defendant, has been satisfied.
The Government must also establish that it has undertaken "practical efforts to serve defendant under the circumstances." Calabro, 464 F. Supp. 2d at 470-71. It has obtained information of Doranna's whereabouts, and it has made seven attempts to serve her at her home. It has taken care to attempt service on six days of the week and at different times of day. In light of these efforts we conclude that the Government has made practical efforts to serve Doranna.
Step three requires that the proposed method of alternative service be "reasonably calculated to provide the defendant with notice of the proceedings against him." Calabro, 464 F. Supp. 2d at 471; see Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). "Service of process by publication is an extraordinary measure and great pains should be taken to ensure that the defendant will receive actual notice of the action against him." Fusco v. Hill Fin. Sav. Ass'n, 683 A.2d 677, 680 (Pa. Super. 1996). Publication is not reasonably calculated to provide the defendant with notice of the pendency of an action against her when her whereabouts are known. As the Supreme Court wrote in Mullane, "Chance alone brings to the attention of even a local resident an advertisement in small type inserted in the back pages of a newspaper." 339 U.S. at 315. Where the name and address of a defendant is known, "the reasons disappear for resort to means less likely than the mails" to apprise them of the lawsuit. Id. at 318.
Doranna's address is not only known to the Government, but it appears that she rarely leaves home. Rule 430 allows the plaintiff to "move the court for a special order directing the method of service." When we consider the possible methods of obtaining service on Doranna, we conclude that mailing the summons and complaint is far more likely than publication to succeed in notifying her of the instant action. We therefore conclude that the proposed alternative service by publication alone is not reasonably calculated to provide Doranna notice.
Accordingly, and for the reasons set forth above, we will grant the motion of the Government for alternative service of defendant Doranna Muhammad by publication in Chester County, provided that it also sends a copy of the complaint and summons to Doranna by first class mail, postage prepaid, and files an affidavit with the court attesting to the fact that it has done both. Even if it is true that the Government mailed Doranna a copy of the complaint prior to its attempt at personal service, this court requires another mailing.
AND NOW, this 9th day of March, 2009, for the reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that the motion of plaintiff United States for alternative service of defendant Doranna Muhammad is GRANTED provided that the United States also send a copy of the complaint and summons by first class mail, postage prepaid, to Doranna Muhammad at 503 1st Montgomery Boulevard, Thorndale, Pennsylvania prior to publication in Chester County and that the United States file an affidavit with the court attesting to the fact that both means of alternative service have been made and the dates thereof. In the case of the publication, the affidavit must also set forth the identify of the publication and a copy of the notice.
Harvey Bartle III C.J.
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If you have issues with someone and want to sue, you will need a litigation lawyer. Litigation lawyers handle the litigation process and understand all of the ins and outs of the courtroom. A litigation lawyer can also help you decide whether your case is appropriate for a lawsuit, or if it might be better handled through the mediation or arbitration process. The litigation lawyer will research the facts that caused the dispute, and analyze them to identify the appropriate law and how it applies. After this preliminary review, the litigation lawyer gives you an analysis of your rights and an estimate of your ability to be successful in court. The litigation lawyer will know the information you need to present in court as well as the process, procedures, and deadlines you must meet to keep your lawsuit on track.


text:
Chicken With Tarragon and White Wine
Total Time
Prep 10 mins
Cook 25 mins
An easy dish to make with shallots and butter too.
Ingredients Nutrition
- 2 small chicken, cut up into parts
- salt
- pepper
- 2 tablespoons butter
- 2 tablespoons shallots, finely chopped
- 2 teaspoons fresh tarragon, can use 1 tsp dried
- 1⁄2 cup dry white wine
- 1⁄4 cup water
- Sprinkle chicken with salt and pepper.
- Heat the butter in a heavy skillet large enough to hold the chicken.
- Place chicken in pan, skin side down, and cook about 10 minutes and turn and cook 5 minutes.
- Remove chicken from the skillet for now, and add the shallots to the pan and cook briefly.
- Add the tarragon and wine.
- Cook, stirring occasionally to dissolve the browned particles that were stuck on the skillet.
- Stir in the water.
- Return the chicken to the skillet, skin side up and cover and cook about 15 minutes.
- Continue cooking, basting often about 5 minutes longer, until the chicken is tender and juicy.


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United States District Court, E.D. California
April 8, 2014
RODNEY BUTLER, Petitioner,v.AUDREY GILL, Respondent.
STANTEY A. BOONE, District Judge.
Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The parties have consented to the jurisdiction of the Magistrate Judge pursuant to 28 U.S.C. § 636(c).
Petitioner is in the custody of the Bureau of Prisons ("BOP") at the Federal Correctional Institution located in Mendota, California, serving a sentence of 240 months pursuant to a 2004 conviction for conspiracy and possession with intent to distribute cocaine base. Resp't's Answer, Ex. 1, De Vore Decl., (hereinafter "De Vore Decl.") at ¶ 3. Petitioner currently has a projected release date of January 31, 2022, via good conduct time. De Vore Decl. at Attach. 1.
On November 18, 2013, Petitioner filed a federal petition for writ of habeas corpus in this Court. He does not challenge his conviction, but a disciplinary proceeding held on September 13, 2012, in which he was found guilty of violating Prohibited Act Codes 296 ("Use Of Mail For Abuses Other Than Criminal Activity (Furthering A High Severity Act Of Misconduct)"), and 299 ("Conduct Which Disrupts The Orderly Running Of The Institution MOST LIKE Code 240A, Attempted Extortion"). Id. at Attach. 5(c). Petitioner claims his due process rights were violated because (1) he was not provided at least twenty-four hours advance written notice of the charges; and (2) he did not receive an impartial disciplinary hearing.
On March 6, 2014, Respondent filed an answer to the petition. Respondent contends the petition lacks merit and should be denied. On March 17, 2014, Petitioner filed a traverse.
A. Jurisdiction
Writ of habeas corpus relief extends to a person in custody under the authority of the United States. See 28 U.S.C. § 2241. While a federal prisoner who wishes to challenge the validity or constitutionality of his conviction must bring a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2255, a petitioner challenging the manner, location, or conditions of that sentence's execution must bring a petition for writ of habeas corpus under 28 U.S.C. § 2241. See, e.g., Brown v. United States , 610 F.2d 672, 677 (9th Cir. 1990); Capaldi v. Pontesso , 135 F.3d 1122, 1123 (6th Cir. 1998); Kingsley v. Bureau of Prisons , 937 F.2d 26, 30 n.5 (2nd Cir. 1991); United States v. Jalili , 925 F.2d 889, 893-94 (6th Cir. 1991). To receive relief under 28 U.S.C. § 2241 a petitioner in federal custody must show that his sentence is being executed in an illegal, but not necessarily unconstitutional, manner. See, e.g., Clark v. Floyd , 80 F.3d 371, 372, 374 (9th Cir. 1995) (contending time spent in state custody should be credited toward federal custody); Jalili , 925 F.2d at 893-94 (asserting petitioner should be housed at a community treatment center); Barden, 921 F.2d at 479 (arguing Bureau of Prisons erred in determining whether petitioner could receive credit for time spent in state custody); Brown , 610 F.2d at 677 (challenging content of inaccurate pre-sentence report used to deny parole).
In this case, Petitioner challenges the execution of his sentence. Therefore, the Court has jurisdiction to consider the petition pursuant to 28 U.S.C. § 2241.
B. Venue
A petitioner filing a petition for writ of habeas corpus under 28 U.S.C. § 2241 must file the petition in the judicial district of the petitioner's custodian. Brown , 610 F.2d at 677. Petitioner is in the custody of the Bureau of Prisons at the Federal Correctional Institution in Mendota, California, which is located within the jurisdiction of this Court. 28 U.S.C. §§ 2254(a); 2241(d). Therefore, venue is proper in this Court.
C. Exhaustion
A petitioner who is in federal custody and wishes to seek habeas relief pursuant to 28 U.S.C. § 2241 must first exhaust available administrative and judicial remedies. Brown v. Rison , 895 F.2d 533, 535 (9th Cir.1990); Chua Han Mow v. United States , 730 F.2d 1308, 1313 (9th Cir.1984). It is only after a petitioner has fully exhausted his administrative remedies that he becomes entitled to present his claims to the federal court. See United States v. Mathis , 689 F.2d 1364, 1365 (11th Cir.1982). In Ruviwat v. Smith, the Ninth Circuit explained why a petitioner must first exhaust his administrative remedies before filing for habeas relief:
The requirement of exhaustion of remedies will aid judicial review by allowing the appropriate development of a factual record in an expert forum; conserve the court's time because of the possibility that the relief applied for may be granted at the administrative level; and allow the administrative agency an opportunity to correct errors occurring in the course of administrative proceedings.
701 F.2d 844, 845 (9th Cir.1983) (per curiam); see also Chua Hah Mow , 730 F.2d at 1313.
However, the exhaustion requirement was judicially created; it is not a statutory requirement. Chua Han Mow , 730 F.2d at 1313; Montgomery v. Rumsfeld , 572 F.2d 250, 252 (9th Cir.1978). Because exhaustion is not required by statute, it is not jurisdictional. Morrison-Knudsen Co., Inc. v. CHG Int'l, Inc. , 811 F.2d 1209, 1223 (9th Cir.1987); Montgomery , 572 F.2d at 252. "Where exhaustion of administrative remedies is not jurisdictional, the district court must determine whether to excuse the faulty exhaustion and reach the merits, or require the petitioner to exhaust his administrative remedies before proceeding in court." Brown , 895 F.2d at 535.
The Bureau of Prisons has established an administrative remedy procedure governing prisoner complaints. The procedure is set forth at 28 C.F.R. §§ 542.10 et seq. First, an inmate must attempt to resolve the issue informally by presenting it to staff before submitting a Request for Administrative Remedy. 28 C.F.R. § 542.13. If dissatisfied with the response, the prisoner may proceed with the formal filing of an Administrative Remedy Request with the Warden. 28 C.F.R. § 542.14. Upon denial by the Warden of the institution, the prisoner may appeal the decision by filing a complaint with the Regional Director of the Bureau of Prisons. 28 C.F.R. § 542.15. The Regional Director's decision may be appealed to the General Counsel in the Central Office of the BOP. Id . Appeal to the General Counsel is the final step in the administrative remedy process. Id . In addition, if the appeal involves the finding of a DHO, the inmate may appeal directly to the Regional Director and then to the General Counsel. 28 C.F.R. § 542.14(d)(2).
Respondent agrees that Petitioner has exhausted his administrative remedies by presenting his claims to the highest level.
D. Review of Petition
1. Factual Background[1]
On August 15, 2012, Petitioner mailed a letter to the Clerk of the United States District Court in Sacramento, California. The letter was titled "Non-Negotiable Letter of Rogatory." It was filed in the district court on August 20, 2012. The letter referenced Petitioner's underlying criminal case and reads, in part:
ATTN: Clerk of Court,
I request of you in your public/and private capacity(ies) to perform the necessary functions to process the above referenced closure of Instruments through (TT&L) Treasury Tax & Lien system for set-off/full settlement and closure of Case/Account No. 2:04-cr-0019 MCE in accordance with Uniform Commercial Code § 3-419 and § 1-104; Public Law 73-10; and (H.J.R.) House Joint Resolution 192 of June 5th 1933 A.D. (Discharge of all debt(s) Public and Private). Effectuate to zero "0" balance of said account(s). Pursuant to Fed. R. Civ. Proc. Rule 8(c) I ACCEPT FOR VALUE.
By request hereof good conscious and faith are incumbent upon you. You, joint and several, are herein properly given NOTICE OF EXPLICIT RESERVATION
To Wit: No further debt(s), default lien(s), judgment lien(s), obligation(s), and no contract(s) existing to the contrary, Case No. 2:04-cr-0019 MCE, Release of Rodney Butler is now forthwith prejudice.
To Wit: Accordingly, you are commanded to Release My personam (body)/(property) from the Confines and Restraints of the Federal Bureau of Prisons and Release the Order of the Court to me within the (72) hour Truth-in-Lending time for Settlement of Retail Agreements of this Notice.
De Vore Decl. at Ex. 5(a).
On August 27, 2012, at approximately 8:00 a.m., prison staff member Knoll searched incoming mail for contraband and discovered Petitioner's "Letter of Rogatory, " which had been mailed back to Petitioner by the district court. Knoll noted that the letter requested "the clerk of the court to process the above referenced instruments for a set-off/full settlement and closure" to Petitioner's criminal case. Knoll noted the letter went further and "commanded" the clerk "to Release [Petitioner's] personam, body/property, from the restraints of the Federal Bureau of Prisons and release the Order of the Court to [Petitioner] within 72 hours...." Knoll drafted an incident report and charged Petitioner with violating the BOP's Prohibited Act Codes 296 (misuse of mail) and 294 (extortion). Petitioner was given a copy of the incident report at 8:15 p.m. on August 27, 2012.
On September 13, 2012, a disciplinary hearing was held before Discipline Hearing Officer ("DHO") De Vore. Petitioner was advised of his rights and waived his right to a staff representative. He acknowledged having received a copy of the incident report in advance of the hearing. The DHO then read aloud the incident report in Petitioner's presence. Petitioner responded to the charges by stating he did not extort anyone and was merely trying to pay his debt, fine, and assessments. The DHO asked for any evidence of a court-imposed fine or restitution. Petitioner responded that his letter was an attempt to discover whether he had any fines outstanding. The DHO noted the letter and asked where within the letter could be found a request for information on any outstanding fines or assessments. The DHO further noted the portion of the letter demanding release within 72 hours. Petitioner replied that he was only asking release once "they" paid his fine.
The DHO reviewed the incident report and investigation, the documents Petitioner had sent to the court, and Petitioner's discipline record and concluded Petitioner had violated Code 296, for "Use Of Mail For Abuses Other Than Criminal Activity (Furthering A High Severity Act of Misconduct), " and Code 299, for "Conduct Which Disrupts The Orderly Running Of The Institution MOST LIKE Code 204A, Attempted Extortion." Petitioner was sanctioned with, inter alia, a disallowance of good conduct time of 54 days, and a forfeiture of non-vested good conduct time of 127 days.
2. Claim of Denial of Procedural Due Process
Petitioner first alleges he was denied his procedural due process right to advance written notice of new disciplinary charges. Petitioner states he was initially charged with violations of Code 296 (Abuse of Mail) and Code 204 (Extortion). At the hearing, however, the DHO changed the Code 204 charge to Code 299 "MOST LIKE 204A, Attempted Extortion." De Vore Decl. at Ex. 5(c). Code 299 prohibits conduct "which disrupts or interferes with the security or orderly running of the institution of the BOP." Id . The DHO then found Petitioner guilty of violating Codes 296 and 299. Respondent contends Petitioner was given sufficient notice of the charged misconduct and the charges against him when he received the incident report.
Prisoners cannot be entirely deprived of their constitutional rights, but their rights may be diminished by the needs and objectives of the institutional environment. Wolff v. McDonnell , 418 U.S. 539, 555 (1974). Prison disciplinary proceedings are not part of a criminal prosecution, so a prisoner is not afforded the full panoply of rights in such proceedings. Id. at 556. Thus, a prisoner's due process rights are moderated by the "legitimate institutional needs" of a prison. Bostic v. Carlson , 884 F.2d 1267, 1269 (9th Cir. 1989) (citing Superintendent, Mass. Corr. Inst. v. Hill , 472 U.S. 445, 454-455 (1984)).
When a prison disciplinary proceeding may result in the loss of good time credits, due process requires that the prisoner receive: (1) advance written notice of at least 24 hours of the disciplinary charges; (2) an opportunity, when consistent with institutional safety and correctional goals, to call witnesses and present documentary evidence in his defense; and (3) a written statement by the factfinder of the evidence relied on and the reasons for the disciplinary action. Hill , 472 U.S. at 454; Wolff , 418 U.S. at 563-567. In addition, due process requires that the decision be supported by "some evidence." Hill , 472 U.S. at 455 (citing United States ex rel. Vatauer v. Commissioner of Immigration , 273 U.S. 103, 106 (1927)).
With respect to the first factor, the Supreme Court has stated that "[a]t least a brief period of time after the notice, no less than 24 hours, should be allowed to the inmate to prepare for the appearance...." Wolff , 418 U.S. at 564. However, the purpose for receiving notice is "to inform [the inmate] of the charges and to enable him to marshal the facts and prepare a defense." Id . Therefore, once an inmate has received notice of facts "sufficient to apprise [him] that he could be subject to [the new] charge, " due process is satisfied. Northern v. Hanks , 326 F.3d 909, 910-11 (7th Cir.2003) (no due process violation where inmate's advance notice of conspiracy and bribery charges contained facts sufficient to apprise him that he could be subject to later attempted trafficking charge); see also Bostic v. Carlson , 884 F.2d 1267, 1270-71 (9th Cir.1989) (although incident report accused inmate of "stealing" when he was ultimately disciplined for possession of contraband, due process was satisfied because the incident report "described the factual situation that was the basis for the finding of guilt of possession of contraband and alerted Bostic that he would be charged with possessing something he did not own"); Holt v. Caspari , 961 F.2d 1370, 1373 (8th Cir.1992) (no due process violation when charge was elevated from possession of contraband to possession of dangerous contraband because the conduct violation report "gave Holt all of the information he needed to make his defense.... Any defense he would assert would not differ because of the increase in the penalty. The facts are set forth plainly and clearly, and a constitutional violation has not been charged."); Zimmerlee v. Keeney , 831 F.2d 183, 188 (9th Cir. 1987) (notice of charges was sufficient when prisoner was provided information "to marshal facts to prepare his defense and to clarify the charges"); Downs v. Wages, 62 F.3d 395 (5th Cir. 1995) (Although inmate was charged with attempted escape by forgery, no due process violation occurred when inmate was found guilty of forgery because inmate was alerted to the potential for inquiry into forgery).
Here, the record establishes Petitioner received ample notice of the factual basis for the disciplinary charge when he was given a copy of the incident report more than two weeks before the hearing. The incident report made Petitioner aware of the factual basis underlying the charges against him; to wit, that he mailed a "Letter of Rogatory" to the district court with language demanding his release from prison under threat or through extortion. The facts contained in the incident report were clearly sufficient to apprise Petitioner that he could be subject to a charge of engaging in conduct, specifically attempted extortion, which disrupts or interferes with the security and orderly running of the institution. See Northern , 326 F.3d at 910.
Further, the incident report contained all of the facts necessary to enable Petitioner "to marshal the facts and prepare a defense." Wolff , 418 U.S. at 564. Indeed, on every occasion through the disciplinary process Petitioner denied the charges against him and defended his letter by explaining he was not attempting to extort anyone and was only trying to pay a fine. Whether Petitioner's acts constituted "extortion" or "engaging in acts of attempted extortion which disrupts or interferes with the security and order running of the institution, " he fails to explain how his defense could possibly have been different. Moreover, the DHO's decision, as well as the DHO's finding that Petitioner's defense was not credible, were based exclusively on the same facts, which Petitioner had notice of more than two weeks before his hearing. Accordingly, the DHO's determination that the facts alleged constituted a violation of Code 299 rather than 204 did not violate due process. Wolff , 418 U.S. at 564; Northern , 326 F.3d at 910; Bostic , 884 F.2d at 1270-71; Holt , 961 F.2d at 1373.
3. Claim of Lack of an Impartial Hearing
Petitioner also broadly claims he was denied an impartial hearing. The claim is completely unfounded and unsupported by any facts. Broad, conclusory allegations of unconstitutionality are insufficient to state a cognizable claim. Jones v. Gomez , 66 F.3d 199, 205 (9th Cir.1995); see also Hiivala v. Wood , 195 F.3d 1098, 1106 (9th Cir.1999) (citing Gray v. Netherland , 518 U.S. 152, 162-63 (1996) ("general appeals to broad constitutional principles, such as due process, equal protection, and the right to a fair trial, are insufficient to establish exhaustion)). Therefore, the claim must be dismissed.
Accordingly, IT IS HEREBY ORDERED:
1) The Petition for a Writ of Habeas Corpus is DENIED with prejudice;
2) The Clerk of Court is DIRECTED to enter judgment and close the case; and
3) As this petition is filed pursuant to 28 U.S.C. § 2241 and does not concern the underlying conviction, a certificate of appealability is not required. Forde v. U.S. Parole Comm'n , 114 F.3d 878, 879 (9th Cir.1997).
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couple boudoir photography - Google Search
love it, it would be excellent with an engagement right in this picture on her hand!... for his nightstand
Couple Romance : Photo More
intimatey shot couples photography- for no one's eyes or enjoyment but you and your gentlemans
"The eye doesn't see. The brain sees. The eye transmits. So what we see isn't only determined by what comes throught the eyes. What we see is affected by our memories, our feelings, and by what we've seen before."
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'Morning After' Photos: Sexy New Wedding Photography Trend? - Gallery - The Huffington Post
She has the power
I like this idea of the old building. I'd like it to have the people in there and the ring could be seen.
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