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Prince Arora|January 8 2016 |Android Phones, Samsung, LG, Xiaomi, Sony, HTC Mobiles, OnePlus
"Curious about which phones are worth waiting for this year? Read on to find out"In this age of advancing technology, smartphones come and go - some just fizzle out , while others become links to the next big change. But among the crowd, a few of these devices just take our breath away. We are talking about phones that are embodiment of power and precision, which are responsible for setting a bar for all the future products striving for consumer attention and with events such as the CES already on and MWC just around the corner, we can expect to be introduced to these stunners fairly soon. Before we become a witness to that, let's sketch a basic layout of what to expect out of these devices. These are the most anticipated smartphones of the year 2016.
Regarding the spec sheet, as with the previous generation, Samsung could have planned two variants of the basic Galaxy S7 model when it comes to the processor powering the device. The first variant is said to sport the Qualcomm Snapdragon 820 chipset while the second variant is rumoured to go with the home-grown Samsung Exynos 8890 processor. Taking into account the recent statement from Samsung about 4K displays, it'll be safe to assume that the newest of the Galaxy line up will be staying with 5.1 inches of QHD (2,560 x 1,440) goodness. Samsung will be stepping up the game with an upgraded 4GB of RAM for better performance and a smooth experience. The rumoured downgrade from a 16MP shooter in the Samsung Galaxy S6 to a 12.2MP one in its upcoming flagship does raise a few red flags, but Samsung is said to utilise its Britcell technology in the upcoming smartphone which claims to take better shots in lower resolution by employing larger pixels. So we'll see how that pans out for the smartphone giant. The Samsung Galaxy S7 is not only said to rock the latest and greatest from the spec sheet, but it is also said that the device will be adopting pressure sensitive displays in their newest addition(s) to the Galaxy lineup. As one can expect, there will be several variants derived from the base Samsung Galaxy S7 model, namely the Samsung Galaxy S7 edge with a 5.5-inch QHD display and dual curved screen, the Samsung Galaxy S7 plus and Samsung Galaxy S7 edge plus both sporting 6-inch QHD displays with the S7 edge plus sporting a dual-curved display.
It won't be much of leap to say that Sony is going to stick with the Xperia Z5 design and build for their upcoming flagship. Talking about the 4K display flaunted by the Sony Xperia Z5 Premium, it's still questionable weather the brand will be employing that again for the Sony Xperia Z6 lineup but it'll be illogical for Sony to just abandon it after all the hype it created among fans.
HTC has no intentions of staying behind when it comes to choosing specifications for their upcoming flagship. The HTC One M10 is said to be sporting the Qualcomm Snapdragon 820 chipset much like its competitors, an upgraded camera sensor and a QHD display.
The LG G5 is said to bring major enhancements to both, the software and the hardware. Hardware enhancements includes an upgrade to the Qualcomm Snapdragon 820 chipset, a fingerprint sensor which will have its separate module at the back of the device, a 5.3 inch QHD display, dual rear facing 16 MP camera with laser focus and OIS, a design overhaul and a rumoured "Magic Slot" which is supposed to serve as a hardware expansion port for plugging in accessories like VR headset or an audio amplifier. Software enhancements will include a secondary 'ticker' display on top of the screen as seen on the LG V10. LG is said to be cutting back on the battery power by shifting to a 2,800 mAh battery from a 3,000 mAh one, which is probably to provide a more sleeker and slimmer look to the device.
As far as the specifications go, the Xiaomi Mi 5 is confirmed to be shipping with a Qualcomm Snapdragon 820 chipset. Other possible specs include a 5.3-inch QHD display, 4GB of RAM, 16MP rear-facing shooter with dual LED and OIS married with 8MP front facing camera and a decent 3,030 mAh battery which is sure to last a full day. There are also talks of variant which goes by the name of Xiaomi Mi 5 Plus, being a 5.7-inch version of the same model.
Apple claims that the next addition to the iPhone family will address the issue that has plagued the iPhone line for years – mediocre battery Life. Not just this, Apple says that it'll also be the thinnest iPhone ever with storage options going through the roof, with a 256GB option being listed for the upcoming flagship. The one thing that'll be worth the wait is how Apple is planning make the iPhone thinner and lighter with a much heavier battery, considering the Apple iPhone 7 plus is rumoured to utilise a whopping 3,100mAh (by iPhone standards) battery. As for the specifications, the Apple iPhone 7 (and it's variants) will be rocking the Apple A10 chip which is claimed to be several times faster than the previous generation A9 chip.
The Moto X (4th Gen) will bring several design changes to the device, out of which the most notable, being the metal unibody design. The Moto X was never considered to be a looker but thankfully, Motorola is looking to change that, judging from the leak. Talking about the hardware, the next Moto X is rumoured to sport a 64-bit Qualcomm Snapdragon 820 chipset, an enhanced camera sensor with dual-LED flash, 5.3-inch QHD display, fingerprint scanner and a probable USB type-C port with Qualcomm's Quick Charge 3.0 technology making it a device to look out for in 2016.
As for the specifications, it will exhibit top-of-the-line specs. The phone is rumoured to be featuring the Qualcomm Snapdragon 820 chipset, a 5.3-inch QHD display, USB Type-C port, 16MP front facing shooter with dual-LED flash and a 3,000mAh battery. What interests us the most in the render leak is the absence of a physical home button. This would mean that OnePlus has decided to go the Sony route by embedding the fingerprint sensor inside the power button itself or maybe it has decided to completely ditch it for something more futuristic (probably an iris scanner?). One thing that we are absolutely sure of when it comes to the OnePlus 3 is that this device will be worth the wait.
With Christmas just around the corner, if you were planning to upgrade your ageing smartphone or b...
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- Autor: KIRK, ALANA
de: R$ 58,41por:
R$ 47,89preço +cultura
Produto disponível até 15min após
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Você pode ler este livro digital em vários dispositivos:
The Sandwich Years is the heartfelt, inspirational story of the bond between a mother and a daughter and how one woman - through caring for the person she had relied on the most - finally found herself. (Previously published as Daughter, Mother, Me) 'In life women can have many labels: daughter, single girl, wife, career woman, mother. I had worn them all and, while life was hectic, I was the one in control. Then four days after the birth of my third daughter, my mum had a massive stroke and, just like that, everything changed.Over the time to come - what I call 'the Sandwich Years' - I found myself both grieving for and caring for my beloved mum, supporting my dad, raising my three young daughters, while trying to get my career back on track. The cracks began to show. I discovered that, sometimes, having it all, means doing it all and that, amid the maelstrom of need, I had lost the label I had started out with: me.'
Detalhes do Produto
- Formato: ePub
- Origem: IMPORTADO
- Editora: HACHETTE BOOKS IRELA
- Assunto: Biografias
- Idioma: INGLÊS
- Ano de Edição: 2016
- Ano: 2016
- País de Produção: Canada
- Código de Barras: 2001047772088

subset: commoncrawl


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"Covilhă" Top 5 Page for this destination Portugal Off The Beaten Path Tip by micas_pt
Portugal Off The Beaten Path: 322 reviews and 400 photos
Covilhă is a mountain city, with an interesting past in the fabrics' manufacture and woollen products. Strolling around this city you will came across some beautiful churches and a nice Town Hall, all located on the historic centre. Being a mountain city, the streets are not plain, so be prepared to walk up and down!! But the historical centre is small, so you may thoroughly visit this city in a day. The city is under a refurbishment program in order to make it architecturally more pleasant, as the growth of this city brought some ugly buildings in recent decades. Covilhă has a University and that is quite visible as you visit the city, as you will find numerous buildings that belong to University or students' accommodations.
For further information see my Covilhă page.
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AXIS BANK RTGS HO Branch in PATIALA - Address, IFSC, MICR Code
UTIB0001116MICR Code
SIRHIND ROAD PATIALAContact
GROUND & FIRST FLOORS SCF NO.1&2 DLF COLONY SIRHIND ROAD PATIALA PUNJAB PIN 147004City
What is IFSC Code of AXIS BANK situated at SIRHIND ROAD PATIALA- RTGS-HO?
IFSC Code of AXIS BANK situated at SIRHIND ROAD PATIALA - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


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- Description
- View Full Specifications
- Year:
- 2013
- Length:
- 21'
- Engine/Fuel Type:
- Single / Gas/Petrol
- Located In:
- Hull Material:
- Fiberglass
- 41624-2994943
- Current Price:
- Sale Pending
This 2013 Robalo R200 CC is fresh to the market and ready to go!
The R200 also includes two fold-down jumpseats built along the transom — the most comfortable, if not the driest, seats on a cruise. A standard oval-shape, blue-interior 15-gallon livewell sits in between them. These are all great amenities, but they do eat into the limited cockpit space of a 20-footer. Equipped with a Salt water wash down, Leaning Post, Garmin 740S Chart Plotter Fish Finder, and Bimini Top. She has always been Rack stored and never Bottom Painted!
She is extreemly clean powered with a Yamaha F150 Four Stroke with only 59 Hours!
Also available with a Trailer!
Please contact Strong's Marine at 631-298-4770
Additional Specs, Equipment and Information:
Warranty: 10 years
Hull Shape: Modified Vee
LOA: 20 ft 7 in
Beam: 8 ft 4 in
Minimum Draft: 1 ft 3 in
Maximum Draft: 2 ft 6 in
Bridge Clearance: 7 ft 4 in with T-Top
Deadrise: 18 ° at Transom
Dry Weight: 3000 lbs
Total Power: 115 HP
Engine 1:
Engine Brand: Yamaha
Engine Type: Outboard
Engine/Fuel Type: Gas/Petrol
Engine Power: 115 HP
Fuel Tanks: (70 Gallons)
Seating Capacity: 8
Manufacturer Provided Description
Robalo is going to change the way anglers go fishing with the incredible R200. If the boat's No Haggle, Reel Deal price tag doesn't convince you a Robalo should be your next boat, a power packed list of standard equipment and clever design innovations certainly will. Powered by a F115 Yamaha and packaged with an aluminum trailer with brakes standard, the R200 is anything but a bare bones fishing machine. Extensive rod storage, a multi-purpose interior, powder coated leaning post, stainless steel hardware and Robalo's award winning style lines put the R200 in a league of its own. Want to take the R200 up a notch? Custom options include a T-top, hydraulic steering, a porta-pottie and Command Link gauges.
Standard Features
- Aluminum Framed Acrylic Windshield With SS Grab Rail
- Entry into Console from Forward Side
- Fiberglass Console Door - Hinged
- Forward Console Seat and Bolster
- Hydraulic Steering - Seastar
- Lighted High Speed Compass
- Rubber Floor Mat
- Stainless Steel Drink Holders (2)
- Stainless Steel Grab Rails
- Sound System - FM Radio with USB/MP3 (4 Speakers)
- Storage on Top of Console with Drains
- Vertical Rod Storage (6)
- Yamaha Digital Gauges
- Aft Jump Seats with Folding Backrests and Custom SS Hardware (Converts to Casting Platform)
- Bow Cushions
- Brushed Anodized Leaning Post with Backrest with 72 Quart Cooler Underneath
- Cockpit and Bow Coaming Bolsters and Bow
- Cockpit Courtesy Lights, Blue LED
- Diamond Lustre Non-Skid Surfaces
- "Dura-Life Max" Seating Upholstery Vinyl- 29 oz
- Encapsulated Reserve Flotation
- High Speed Pick up for Livewell Pump
- Horizontal Tubed Rod Storage (4)
- Insulated Storage Compartments in Bow With Overboard Drains
- Livewell in Aft Cockpit - 15 gallons
- Molded Gunnel Inserts
- Premium Expanded and Stain Resistant Cockpit Upholstery Vinyl
- Raw Water Wash Down with Hose Connector
- Rod Holders Mounted in the Gunnel Inserts (4)
- Sea Water Strainer System
- Self Bailing Cockpit
- Stainless Steel Drink Holders (4)
- Stainless Steel Cockpit Grab Rails
- Stainless Steel Steering Wheel
- Transom Storage to Access Rigging Compartment
- 10 Year Limited Hull Warranty
- Anchor Rope and Chain Locker on Bow
- Heavy Duty Rubrail with SS Insert
- Hydro Lift™ Multi Angle Hull Design
- Poured Composite Transom Coring
- Stainless Steel Four-Bolt Cleats, Through Bolted with Backing Plates
- Stainless Steel Bow and Stern Eyes
- Stainless Steel Transom Trim
- Three Blade Aluminum Prop
- Thru Hull Fittings (Stainless Steel)
- Three-Step Telescoping Boarding Ladder with Handle Concealed under a Fibergalss Hatch
- Welded 316 Stainless Steel Bow Grab Rails
- 12V DC Receptacle on Dash
- Aluminum Panel with Weatherproof SS Toggle Switches and Circuit Breakers
- Bilge Pump with Automatic Switch
- Direct Component Wiring with Buss Bars and Waterproof Ring Terminals
- Fuel/Water Separator
- Molded Electronics Face with 12V Wiring Buss (Inside Console)
- Navigation Lights
- Tinned Copper Wiring with Waterproof Connectors
The Company offers the details of this vessel in good faith but cannot guarantee or warrant the accuracy of this information nor warrant the condition of the vessel. A buyer should instruct his agents, or his surveyors, to investigate such details as the buyer desires validated. This vessel is offered subject to prior sale, price change, or withdrawal without notice.
Manufacturer Website
Other Boats from Strong's Marine
R265 Walkaround
MATTITUCK, NY, United States
R265 Walkaround
Unknown, NY, United States
C 260 Center Console
Port Washington, NY, United States
Release 283
Sale Pending
C 180 Center Console
MATTITUCK, NY, United States
Unknown, NY, United States


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Eco-Friendly ingenuities are motivating huge growth in the industry of plant-based plastic packaging market. The industry is chiefly driven by eco-friendly characteristics of these plastic. North America is foretold to be the utmost reve�
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text:
One of the greatest teachers of patience for a child comes on Christmas morning. After weeks of parents scurrying past children with bags of treasures and the cry of, "Don't open that!" when another Amazon package comes to the front door, the anticipation on Christmas morning is almost too much to bear. For my siblings and I, we were allowed to enjoy our small gifts and treats stuffed in our stockings on Christmas morning, but we knew we had to wait for our parents to come out of their room before we could tear the wrapping paper concealing our new trinkets and toys. Many years were spent on little brother's bed loudly sharing what we found in our stockings, hoping our volume would speed up our parent's emergence from their room. Instead of expediting the process, we learned the valuable lesson of waiting while eagerly anticipating the gifts before us.
The word Advent comes from the Latin word meaning "coming." It describes the season before Christmas when believers recreate the anticipation the wise men and shepherds felt at Jesus' birth in that little town of Bethlehem. Hymns become carols. Pine scents tickle our noses as evergreens stand flocked with snow. Devotions and sermons feature passages like Luke 1, Isaiah 7:14 and 9:6, Zechariah 9:9, and others that anticipate the coming King. The season whispers and then crescendos to shout the message, "He's coming! He's coming! He's coming!"
Then, on Christmas Day, believers near and far celebrate the coming of the long-awaited Messiah. The Advent is gone, the celebration has come. Anticipation becomes realization, and we rejoice in the birth of our Savior. The Wonderful Counselor brings us guidance, the Mighty God amazes us all, and the Prince of Peace removes the enmity between God and man. By His birth and eventual death and resurrection, Christ has set us free. What a glorious culmination after such a long wait!
Now what? Advent reminds us that Christ is coming, and Christmas is the celebration of His arrival. But what are believers to do after they receive what they have sought for so long? Perhaps Luke 17:11-19 can help.
While on His way to Jerusalem, Jesus hears the cries of ten lepers from a distance. Rather than rushing toward the One who could heal them, the lepers remain at a distance because their highly contagious disease makes them social and religious outcasts. With nothing to offer Jesus, they simply ask for His mercy. And His mercy they receive. As the ten leave to present themselves to the priests in accordance with Jesus' instructions, their long Advent season of waiting for healing is replaced by their Christmas celebration of cleansing. Who knows how long these lepers suffered from this isolating disease, but you can imagine all of the high fives and hugging they must have enjoyed in celebrating what Christ did for them. The untouchables can now be touched; the outcasts are accepted. What a glorious culmination after such long waiting!
Then what? Only one—a Samaritan foreigner—comes back to praise God, fall at Jesus' feet, and give Him thanks for what He had done. Perhaps we can learn from this leper. After receiving the one thing the Samaritan had waited and hoped for—healing—he responds with gratitude. After we celebrate the arrival of the one thing the world waited and hoped for—the first coming of Christ—we should likewise respond with gratitude and praise.
The time between Christmas and New Year's Day often rushes past us. As we are hurrying to put away the Christmas decorations and searching every nook and cranny for the gift receipts of toys that won't light up or sweaters that don't fit, we sometimes miss the opportunity to reflect and give thanks that our Advent season always ends in celebration. As a church family, let us encourage each other to come to Jesus, give thanks for all He has given us, and praise Him for His gift of eternal life and the blessings and provisions He has showered upon us in 2015. May we further ponder how in 2016 we can "walk in a manner worthy of the Lord, fully pleasing to Him, bearing fruit in every good work and increasing in the knowledge of God." (Colossians 1:10)
- Together, read Psalm 100, 1 Thessalonians 5:18, and Colossians 3:15-17. What other verses of gratitude and thanksgiving would you add to this list?
- Looking back on your year, for what would you like to thank God? Make a list of the top five things you are thankful for and share them with each other.
- Like the lepers, sometimes our season of desiring and waiting is longer than others. What are some things you are currently longing to see Christ do? How can you remain thankful even in the difficult times?
- Looking ahead to next year, what are some ways you can incorporate gratitude into your daily time with the Lord? How can your family and community encourage you in this endeavor?
- As a group, think of a list of people you know who are in a season of hardship. Spend some time together praying for them. What can you do to encourage one person from your list today?
To drive the message of this story home, grab some paper, markers and/or crayons and work with your kids to make thank you cards for family members who gave them gifts this Christmas. Write notes, color pictures, and encourage your kids to bless those who blessed them this year. Then write one "Thank You Note" as a family to Jesus. Talk about this past year and what specifically you all would and should thank Him for. Work together to write that note to the Lord and then let your kids decorate it just as they did their thank you notes. Find a place to display it in your home as a reminder to "give thanks always" (Ephesians 5:20).
Have your child choose 10 stuffed animals, dolls or action figures. Retell the story of the 10 lepers; how Jesus healed them and only one leper came back to say thank you. Take the 10 stuffed animals and using toilet paper, have your child bandage their sores. Talk about how only one leper came back to say thank you. Have your child close his eyes and remove one stuffed animal. Ask your child which one is missing and why he is gone. Explain that he is gone because he went back to say thank you. Continue playing the game again, even having your child choose which stuffed animal came back to say thank you.
Click here to download a printable copy of this at home worship guide.


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Alyce Royal Black Sequin Cocktail Dress 4264
This style has been discontinued by the designer and is no longer available.
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Fabric: Sequin Fabric
Don't be afraid to be flirtatious in this beautiful strapless sweetheart neckline, two-tone sequin short homecoming dress with a delicate beaded floral motif that wraps underneath the bustline and around the back.
Colors: Royal/Black Only
Sizes: 00, 0, 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24
$50 additional for sizes 20-24
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Never heard of Invisible Illness Awareness Week? You're not alone. Jody Smith sheds a little light to make it more visible
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Folic acid in bread 'could be a health timebomb'
Discussion in 'Detox: Methylation; B12; Glutathione; Chelation' started by caledonia, Dec 14, 2013.
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Woooo hooooo! I'm excited to announce that I'll am an artist in Creative JumpStart (CJS) 2017, run for the 6th time by the sweet and talented Nathalie Kalbach. If you're not familiar with CJS, it's a one-of-a-kind online event that helps you kick your creativity into high gear in the new year. Learn techniques, discover new materials, and connect with other artists and crafters.
Click Here to Learn More about CJS!
Throughout January, you get access to 27 downloadable videos from 27 featured artists. I'm proud to be one of those artists, called "JumpStarters." Take a peek at this promo video:
Head on over to Nathalie's site to sign up:
Click Here to Sign Up for CJS 2017!
You get 27 videos for just $40 (USD) if you sign up before November 30th, (11:59 pm EST, 2016). Afterwards it will be $45 until December 31st, 2016. On Jan 1, it goes to its normal sale price of $50. Still an amazing value, less than $2 per video.
Which is pretty remarkable since my studio currently looks like a toxic waste dump. Heh heh.
My travel schedule was quite back-to-back lately, which is exhausting mentally and physically and requires so much prep. I finally had a day where I could create! I had a little helper on my lap all day long.
All three of these pieces will be for sale late next week on my Art of Dina Wakley facebook page. Remember that FB is fickle and even when you "like" my business page, it won't show you everything I post. To see everything, you can change your notification settings. I will also announce the date/time of the sale here.
Geez, everyone's a critic. Ha.
Colors and products above: Dina Wakley Acrylic Magenta, Turquoise, Lemon, Night, Gilt (splatter). Stencil is Fractured Circles. Stabilo All Pencil.
Products above: Dina Wakley Media Acrylic Cheddar, Night, Blackberry, Turquoise. Stabilo All pencil and white paint pen. Stencil is the Squares Paint Comb.
Look, birds!!! I haven't drawn birds in ages. Felt good. Products above: Dina Wakley Media Acrylic Night, White, Blackberry, Turquoise, Evergreen, Ocean, Fuchsia, Lemon. Stabilo All pencil. Paint pens. Stencils are Mini Favorites and Stacked Squares.
He is still "helping" me today. :)
I am happy to be the guest artist for The Documented Life project. Love those women and the impact they've had on mixed-media!
The theme this week is "Stripes." I didn't put any pressure on myself, I sat down to create. Here's what happened.
Products I used: Dina Wakley Media Tape (printed), Dina Wakley Media Stamp sets Boxed Faces, Sketched Faces, Silhouetted Women, and Collaged Hearts. (The Silhouetted Women and the Collaged Hearts sets are the smaller versions available at Michael's Stores.) Ranger Jet Black Archival Ink. Caran D'Ache Neocolor II crayons. Tim Holtz Idea-ology Products: Small Talk Stickers, Tiny Attacher.
Dina Wakley Media Paint Colors in the Background: Lemon, Evergreen, Cheddar, Ocean, Magenta, Night. Stencils in the background: Fractured Circles and Variegated Stars. Also in the background: oil pastels.
It's (almost) the most wonderful time of the year! Here are a few new art supplies for you.
First up: a limited edition clear stamp/stencil Christmas set! I adore this little set. It is vintage-inspired but in my scribbly style. My favorite thing in the whole set is the toy border...look at that adorable t-rex. Rawr!
And...I am KILLER excited about this....Media Tape! I did a little video explaining the tape, and it will go on the Ranger blog on 9/20. Keep an eye out for that. This tape is awesome. Strong like washi, but with a little bit better of an adhesive (you know how some washi doesn't stick very well). This tape sticks well, but you can remove it, too. It's more like a masking tape adhesive. The tape takes paint and ink like a champ (woo hoo). You can paint it. Stamp on it. Stencil on it. Yessssss.
I love art. Art is not a hobby for me. Art is how I live.
I wish you could see the Mica Spray on this book. I am going to do a Mica Spray video soon because I want you to love it as much as I love it! It's so cool on acrylic paint.
I started this with black gesso. Then I put color over it and made a mess. Then I traced my hands and painted around them. It's a striking effect! Have you tried black gesso?
Well, it's about time I did a full post about these! I have five cool clear stamp & stencil sets at Michael's. I have been using the images and stencils in my projects for awhile, but I wanted to give a shout out to how versatile they are.
These stamps and stencils are smaller than their original versions, which makes them PERFECT for cards and tags. Plus, if you've had class with me, you know how much I LOOOOOOOOVE to have different sizes of the same image/stencil. Makes layering so much more easy and interesting! (See the stencil nestled behind the stamp set in the pic below.)
In the pic below, my standard 6x9 stencil is on the left, and the cute little 5x7 Michael's version is on the right.
The stamps are a high-quality silicone that won't break down or tear. They take ink fabulously, and you can easily stamp with acrylic paint, too. (I used Night paint on the stamped images in the pic below.)
Here are a few samples with the stencils & images:
I am working on some new pieces to put up for sale on my Art of Dina Wakley FB page. I will do it a bit differently this time. I will announce the sale date/time a few days in advance. You can view the pieces but you cannot claim anything until the sale time starts. I am hoping this will eliminate the "surprise" factor and will help more people get the pieces they want. I will also have some larger pieces for sale.
Keep an eye on my Art of Dina Wakley Facebook Page for the announcements and details. Remember that Facebook is a bit lame and won't show you what I post on that page unless you a) interact with the page (i.e. click like, comment occasionally, etc) or b) set your notifications to ALL. Setting your notifications to All is the only way to see everything someone posts on a business page. Without doing that, FB decides what to show you.
I know, I know. I am a bad blogger. I am going to try to do better, but I wanted to let you know where you can find me on social media, too.
ETA: I'm not giving up blogging....just wanted you to know where I post a bit more regularly.
Now, keep in mind that sometimes you'll get pictures of my lunch, my cats, and my kids. But I do post art stuff there, too.
Snapchat (go to Snapchat on your phone and search for dinawakley to add me)
Again, you'll get snippets of life (and boredom). But I do occasionally post process videos in my Story.
Art of Dina Wakley Facebook Page
I update this more often, post art pictures and my favorite art quotes, and even sell original art here. Remember that Facebook will only show you what I post there if you interact with my page (i.e. click "like" on some posts). To guarantee you'll see posts, you can set the notifications to "All."
I'm on twitter, too!
I had a quick deadline that was mostly stamping (i.e. low mess potential....ha). I went to the studio to finish it. While I was waiting for glue to set, I thought, "I should make some cool backgrounds." Cue VERY wet and VERY messy painting. Then I remembered I was wearing white pants. OOPSIE. So typical of me. Will I ever learn? The pants managed to survive without any paint on them. This time. Have you had any art oopsie's lately?
Howdy! Soon I will be doing a live webinar with the awesome people over at Cloth Paper Scissors.
It's Tuesday, Sept 6 at 4 p.m. Eastern. We'll be talking about layering colors and stamped images. See ya there!
Woo hoo, it's stencil release day! I have six new stencils for you and a limited-edition Halloween clear stamp set & stencil. I know I'm biased, but I LOVE IT ALL!!! They're easy to use and striking.
Reminder: when a product is released, it means it's announced by Ranger. Stores can start ordering it, and then it's shipped to the stores. So these won't be hitting stores for at least a week or two.
Here are the goods:
Above: Almost Ikat and Flying Birds (Stencil & Masks...yesssss)
Above: Fractured Circles and Spaced Dots
Above: Stacked Squares and Variegated Stars
Above: Scribbly Trick or Treat Clear Stamp Set & Stencil
And, here are the samples! Can you spot the stencil designs? I used: the new stencils and new stamps; my Dina Wakley Media gesso, acrylic paint, and gel medium; Tim Holtz Idea-ology Tissue Wrap (I loooooove this stuff, obsessed) and Chit Chat Stickers (another loooooooove), Ranger Ink tags and stamping cardstock; watercolor paper; Archival Jet Black ink pad and the new Archival Paradise Teal ink pad; black Fudeball pen.
Which one is your favorite? Oh, you know you want them all. :) Happy art-ing!
Okay, this is a bit scary because I look like a MASSIVE dork in these, but they are funny. Here are two blooper reels from the four videos I shot at North Light/F&W earlier this year. My editor Amy Jones (who is my co-artist in the videos) said they had 30 minutes of bloopers to choose from. That is sort of awesome and embarrassing at the same time. Dyan Reaveley always says that I "hide my weird"....well, there's no hiding now. Ha.
The videos are available now! Click HERE and HERE for the product pages at the North Light Shop and Artist Network TV where you can purchase the DVDs or digital downloads.
To celebrate the release of the videos, I am giving away one free copy of each DVD to a lucky winner! Just comment on this post. I will choose a winner by random draw on Tuesday. Feel free to share this blog post with your friends & on social media, too. If you share, mention where you shared in your comment and you will get two chances to win. Note that I am waiting for the fourth DVD to show up on my doorstep (it got a bit delayed at the replicator), so I won't be mailing the prize until it shows up.
Okay, be kind to me in all my dorky glory!
Hello! Head on over to the Ranger Blog to download a new color mixing chart, for the new colors Elephant, Fuchsia, Ocean, Evergreen, Cheddar, and Blushing. You can mix some lush, rich colors with them. Love!
I love working with Amy Jones and the whole team at F&W. It truly is a pleasure. I had a chance to film four more DVDs. These are versions of in-person classes that I teach. I hope you enjoy them. Here are the videos with previews:
DVDs and Downloads in the North Light Shop: Click Here.
DVDs and Downloads in the Interweave/CPS shop: Click Here.
Videos on Artist Network TV: Click Here
Happy art-ing!
Greetings and well wishes from a very hot Arizona! I'm so excited about my summer release stamp sets. I love, love them and I hope you do, too. I have a few samples to share today and many more to come!
First up is Boxed Faces. I took the images for this set from the piece I did for Tim's Distress Crayon Designer Challenge (from the last CHA show). I loved the piece I made for the challenge, and I turned those faces into stamps. I am addicted to these. Addicted!
Original piece (Dina Wakley Media Acrylic paints (in the background only), Distress Crayons (on the faces and in the background), White Sharpie, and Stabilo Pencil):
Here's a journal page I did with the stamps:
Next up is Scribbly Wings. When I taught in England, Lyn (an artist in class) said to me, "You know what would be cool for stamps? Wings." I made a mental note and then drew this set. I love, love, love, love, love it. I included a snippet of one of my favorite scriptures, Isaiah 40:31--But they that wait upon the Lord shall renew their strength; they shall mount up with wings as eagles; they shall run, and not be weary; and they shall walk, and not faint.
Next is Assorted Borders. The size of these is especially great for cards and tags. You can see the borders in the tag above (the numbers).
Next is Scribbled Text Elements. I love, love scribbled text. These will be great background elements and even great focal points.
Next is Scribbly Girlies. I have scribbly men and women, had to do some girlies! I drew these images from some of my old childhood photos. I love the little heart border, too.
(Can you also spot one of the Scribbled Text Elements on that tag above?)
Last but not least is Sketched Faces. These stamps have the principle of closure (if you need a refresher, I talk about closure in my first book, Art Journal Freedom). Basically I have not delineated every line for you. I've left some lines out so that your brain fills them in, and so that you can take creative license with them. I cannot wait to see what you come up with.
Alrighty....get to stamping and be sure to share your work with me so I can oooh and aaaah over it!
Check it out by clicking here!
Also...you might want to check back at Ranger's blog at around 4 pm EST. Just saying. ;)
I use the Paint Combs constantly. I love the straight side for gesso-ing quickly. I just used it to gesso this 30"x40" canvas yesterday. It makes short work of a tedious gesso job:
Tip: while your gesso is wet, press the comb into it several times. This gets a slight texture into the gesso and the paint will look sooooo cool on it later.
After the gesso is dry, I added all kinds of color. Basically most of the colors in my Dina Wakley Media line barfed right onto the canvas (hahaha). Then I sprayed the colors with a bit of water to get them to meld and mingle. While the layers were wet, I pressed the comb into the paint several times, letting the colors transfer between each press. Ooooooh I love, I love. Can you see the comb texture in the gesso on the right? Cool stuff.
This is how the canvas looks now. Not sure if I'm done. I'm going to let it sit today and work on it again later.
Well howdy! People always ask me if I teach locally, and my answer is usually not too often because my available weekends are few and far between. So I am SO happy that it's working out to teach my Finding Joy in Abstraction class at The Occasional Artist on June 18th! Call them to sign up and for more info. Basically it's my 3-hour abstract painting class and you'll make a canvas. Good fun!


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Pole vault fail, USA volleyball, and much more.
Basketball highlights, a historic moment for Saudi Arabia, and more from day 12 of the London 2012 Olympics
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This dude is insanely good at throwing things into other things
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8 Comments
mynew graddaughter needs this bed
I love this bed.
My niece would love this! #WordlessWednesday
i wish you didn't discontinued this bed. my son love car and gonna buy him red one for him and i know my daughter she would want same thing as her brother. i wanted to buy both car theme bed but now i can't seems to find anything for my daughter. its so sad
When will this bed be available again? I have been waiting for 3 years now
I have a baby girl who loves her brothers bed. I am very interested in purchasing the corvette bed in a girl color. preferably in Pink. Will this item be available soon?


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March 23, 2011
RONALD COOPER, PLAINTIFF,v.ROBERT DENNISON, FORMER CHAIRPERSON OF THE NYS DIV. OF PAROLE, ET AL., DEFENDANTS.
This is an action pursuant to 42 U.S.C. § 1983 in which Plaintiff Ronald Cooper ("Plaintiff") alleges, inter alia, that the defendants violated his federal constitutional rights in connection with his parole supervision. Now before the Court are the following applications: 1) Defendants' motion to dismiss (Docket No. [#13]); 2) Plaintiff's cross-motion [#21] to amend the complaint; and 3) Plaintiff's motion [#32] for the appointment of counsel. For the reasons that follow, Plaintiff's motions are denied, Defendants' motion is granted, and this action is dismissed with prejudice.
In setting forth the factual background of this action, the Court observes that it is limited as to what evidence it can consider in ruling upon a 12(b)(6) motion:
In considering a motion under Fed.R.Civ.P. 12(b)(6) to dismiss a complaint for failure to state a claim on which relief can be granted, the district court is normally required to look only to the allegations on the face of the complaint. If, on such a motion, matters outside the pleading are presented to and not excluded by the court, the court should normally treat the motion as one for summary judgment pursuant to Fed.R.Civ.P. 56. In any event, a ruling on a motion for dismissal pursuant to Rule 12(b)(6) is not an occasion for the court to make findings of fact.
In certain circumstances, the court may permissibly consider documents other than the complaint in ruling on a motion under Rule 12(b)(6). Documents that are attached to the complaint or incorporated in it by reference are deemed part of the pleading and may be considered. In addition, even if not attached or incorporated by reference, a document upon which the complaint solely relies and which is integral to the complaint may be considered by the court in ruling on such a motion.
Roth v. Jennings, 489 F.3d 499, 509 (2d Cir. 2007) (citations and internal quotation marks omitted).*fn1 In the instant case, in deciding the pending motions, the Court will consider a number of documents that, while not part of the Amended Complaint, are arguably incorporated by reference, and were clearly integral to the complaint and relied upon by Plaintiff, including letters that Plaintiff wrote to the Division of Parole, and transcripts of sworn testimony by Plaintiff at the parole revocation hearings described in the Amended Complaint.*fn2 The Court notes that these documents were not available to the Court when it previously reviewed Plaintiff's complaint pursuant to 28 U.S.C. § § 1915(e)(2)(B) and 1915A(a). See, Decision and Order [#8] (Telesca, J., Pro Se Duty Judge). Presumably, if such documents had been available to the Court at that time, it would have dismissed the action, as the Court does now.
In 1982 Plaintiff was convicted of two counts of robbery in the first degree and one count each of criminal possession of a weapon in the second and third degrees, in New York State Supreme Court, Monroe County, for which he was given an indeterminate prison sentence of fifteen to thirty years. See, People v. Cooper, 152 A.D.2d 939, 543 N.Y.S.2d 831 (4th Dept. 1989). In or about December 1996, Plaintiff was paroled. Plaintiff spent the next eight years on parole. While it is not necessarily significant to this case, the Court notes that apparently during that period, Plaintiff requested early termination of parole supervision several times, but his requests were denied because of his continued drug usage. (Docket No. [#15] at 20).
In or about April 2005, while Plaintiff was still on parole, his brother helped him briefly obtain a job as a maintenance worker at the "Charter School of Science" on St. Paul Street in Rochester.*fn3 Plaintiff was terminated from that job after bringing a nude picture of himself to the school and showing it to a female co-worker. According to Plaintiff, he "befriended a female co-worker, who expressed interest in [him]." Amended Complaint at 6. Moreover, [a]s Plaintiff and this co-worker exchanged conversations, she explained to Plaintiff that she was having marital issues with her husband, to which Plaintiff explained that he had a website for 'swinging singles' and invited her to view it. Plaintiff also explained that he had photos of himself, some of which were naked, on this website. She then asked Plaintiff to bring her a photo the next day, to which Plaintiff agreed to. [sic] Plaintiff brought this photo, and after meeting with this woman, and showing her the photo in a private area of the school, she left, and moments later, Plaintiff was summoned to the Vice Principal's Office.
Id. Plaintiff was fired from his job and charged with aggravated harassment. Plaintiff did not notify his parole officer of the incident or his arrest, and as a result he was charged with a parole violation. Id. at 7 ("[I] was taken into custody by Parole Officers for allegedly violating rules and regulations mainly for not notifying [my] parole officer of the arrest."). Plaintiff pled guilty to aggravated harassment and received a sentence of time served. On June 24, 2005, Plaintiff was released from jail and restored to parole supervision.
As a condition of his restoration to parole supervision, Plaintiff was required to report to Monroe County's Day Reporting Center each day, and to obtain passes to allow him to go on job interviews. Id. at 8. Defendant Gina Pritchett ("Pritchett") was the Director of the Day Reporting Center. In addition to having to report to the Day Reporting Center, Plaintiff's parole officer, Defendant Amy Cummiskey ("Cummiskey"), also set additional special conditions of release, which Plaintiff describes as "2 full pages of Special Conditions that were tantamount to Plaintiff being classified as a sex offender." Id. For example, Plaintiff could not have a vehicle, cell phone, pager, or computer. (Docket [#15] at 3-4). Additionally, the special conditions required Plaintiff to have a psychological evaluation and to undergo sex offender counseling at the Evelyn Brandon Health Center ("Evelyn Brandon"). Plaintiff objected to the special conditions in general, but signed them in order to remain on parole. (Docket No. [#15] at 27: "I didn't think they [the conditions] fit me, but I accepted it."). Notably, though, Plaintiff testified at a subsequent parole revocation hearing that he had no objection to attending psychological counseling at Evelyn Brandon. (Docket No. [#15] at 44: "I had no problem, no problem attending Evelyn Brandon."; see also, id.: "And as far as going to Evelyn Brandon, I have no problems with that."). Plaintiff further testified that while he did not agree with the conditions, he understood why they were imposed:
Q. [Hearing Officer]: And the conditions basically require you to take part in an exploratory process to determine what issues you might have?
A. [Plaintiff]: Okay.
Q. [Hearing Officer]: Correct?
A. [Plaintiff]: Yes, amongst some other things, for instance, I can't pick up a hitchhiker without first contacting my parole officer. I can't be outside a pornographic -- I mean, these are things I don't do anyway but [I] think they're ridiculous.
Q. [Hearing Officer]: You might think so but you understand the logic from [the] parole officer's perspective?
A. [Plaintiff]: Sure, sure. . . . . (Docket No. [#15] at 44. Plaintiff also testified that he understood that the "sex offender" special conditions were imposed because he had shown the photo of himself to his female co-worker. See, id.
Subsequent to Plaintiff being reinstated to parole, Cummiskey made a visit to Plaintiff's apartment, during which Plaintiff walked past her in the nude. In that regard, at a subsequent parole revocation hearing, Plaintiff testified under oath that he was nude in his apartment, and that while in Cummiskey's presence, he walked out his bathroom with his hands covering his genitals, even though there were towels in the bathroom which he could have used to wrap around himself. (Docket No. [#15] at 35-36: "I was naked. I admit, I sleep nude. . . . I assumed she stepped out into the hallway. . . . I put my hands over my private parts because I didn't know if she was still standing there."; id at 43: "Yes, the towels were handing right there but it would have been the same if I had walked out with a towel wrapped around [me]."). Plaintiff also testified that his underwear was in another part of the apartment, near his bed. Id. at 35 ("It was on the floor by my bed."), 42. However, in his unsworn Amended Complaint in this action, Plaintiff now maintains that he was not nude, and that Cummiskey lied about him being nude:
Plaintiff opened the door, as he was in his underwear. . . . When Plaintiff emerged from the bathroom still in his underwear, Defendant Cummiskey claimed that Plaintiff appeared before her naked. . . . Plaintiff states that this was not the case, as he never appeared naked in front of Defendant Cummiskey, and that she fabricated the entire incident.
Amended Complaint [#6] at 9. Cummiskey reported the incident to Pritchett and to Plaintiff's therapist at the Evelyn Brandon Center, Gary Updyke ("Updyke"). Plaintiff, though, was not charged with any type of parole violation relating to the incident.
On July 21, 2005, Plaintiff wrote a letter to defendant Robert Dennison ("Dennison") who was the Chairman of the New York State Division of Parole. In the letter, Plaintiff complained that Cummiskey had improperly imposed special conditions on him that were "tantamount to classifying [him] as a sexual offender/predator." (Docket [#15] at 16). Plaintiff stated: "There are a lot of other special conditions that are ridiculous, and have no bearing on the actual charge that I was originally convicted of, to wit: robbery." Id. at 17. The same day, July 21, 2005, Plaintiff sent a second letter to Dennison, requesting that he be released from parole supervision. Id. at 18-19. Dennison did not respond to the letters. Instead, on July 29, 2005, Felix Rosa ("Rosa"), Secretary to the Board of Parole, replied to Plaintiff's letters and informed him that he request for early release from parole supervision was denied. Id. at 20-21.
At around this same time, Plaintiff sent a "letter of complaint" to Defendant "Mr. Siracusa" ("Siracusa"), who Plaintiff identifies as the "Senior Parole Officer in Monroe County," complaining about Cummiskey and the special conditions of release. (Docket [#15] at 28-29). Plaintiff stated that because of the "unfortunate incident" involving him showing the nude photo of himself to his female co-worker, Cummiskey mistakenly believed that he was a "raging sexual predator." Id. at 28. Plaintiff stated that the incident was consensual, and had been "blown out of proportion." Id. Plaintiff also objected to the fact that Cummiskey was unfairly preventing him from maintaining a job where he was being "paid under the table." Id. Plaintiff further stated that Cummiskey had "harassed" him by improperly "coaxing" her way into his apartment while he was nude. Id. at 29 ("[B]ecause this is MY apartment, I am free to walk around that apartment naked, if I choose to, and this happened to be 1 of those days." [sic]).*fn4 Plaintiff stated that the special conditions were unnecessary and that Cummiskey "either dislikes men, or has issues with the scope of her employment as a parole officer in that she feels she has something to prove." Id. Plaintiff further stated that Cummiskey should be forced to have a psychiatric evaluation. Id. There is no indication that Siracusa responded to the letter. However, near this same time, and for reasons that are unclear, Plaintiff was assigned a new parole officer, Defendant Lewis Hrycko ("Hrycko").
On August 12, 2005, which was a Friday, Plaintiff notified Pritchett that he had a job interview that afternoon. Pritchett gave Plaintiff a day pass and told him to report back to the Day Center or leave her a message regarding his status. Plaintiff maintains that he was hired for the job and told to report to work the following Monday morning at 7 am. Plaintiff indicates that following the job interview, he did not "get back home [until] well after 6 pm" on August 12th, at which time the Day Center was closed. The following Monday, August 15, 2005, Plaintiff left a voice message at the Day Center for Pritchett, at 4:45 am, telling her that he was going to work and would not be reporting to the Day Center. Plaintiff went to work and did not have further contact with the Day Center. Later that day, Plaintiff went to the Parole Office and dropped off a letter addressed to Hrycko concerning the details of his job. In the letter, Plaintiff asked Hrycko to speak to Pritchett about the fact that he could not report to the Day Center, and he also asked that the "sex offender conditions" be removed. Plaintiff also did not report to the Day Reporting Center on August 16th or August 17th.
On August 17, 2005, Hrycko had Plaintiff arrested for violating the conditions of his parole, and specifically, for failing to report to the Day Center for three days.*fn5 Amended Complaint [#6] at 10. In that regard, Plaintiff's Amended Complaint states that Hrycko "arranged for two other [unidentified] parole officers to go to Plaintiff's place of employment" and arrest him. Id. In this action, Plaintiff alleges that the unidentified parole officers who arrested him used excessive force, which caused him to be hospitalized for two days. Id. The alleged excessive force consisted of applying handcuffs too tightly, which restricted Plaintiff's blood circulation.
Plaintiff also contends that while he was being held in the Monroe County Jail, defendant Amy Hornsberger ("Hornsberger") incorrectly classified him as a suicide risk, placed him in restraints, and gave him anti-psychotic medication. In that regard, Plaintiff vaguely states that Hornsberger concluded that he was a suicide risk after Plaintiff told her that he was "having some issues." Amended Complaint [#6] at 12.
The same day he was arrested, Plaintiff wrote another letter to Dennison, stating that he had a "good reason" for failing to report to the Day Center, namely, that he had obtained a job. Plaintiff argued that the charges against him should not be sustained, since he had left a phone message for Pritchett and had dropped off a letter to Hrycko. (Docket [#15] at 22-23). The letter did not allege any type of constitutional violation, nor did it allege that Plaintiff was mistreated in any way during his arrest or confinement. It does not appear that Dennison responded to the letter.
At his parole revocation hearing, Plaintiff was found guilty and ordered back to prison for fifteen months. Plaintiff maintains that he did nothing wrong and that the evidence against him was "mostly perjured and false." Amended Complaint [#6] at 10. During his prison stay, Plaintiff was monitored by the mental health staff, apparently due to Hornsberger's alleged mistaken classification of Plaintiff as a suicide risk.
On February 28, 2006, Plaintiff wrote another letter to Dennison, stating that he was improperly found guilty of violating his parole conditions, since based on the letter that he allegedly dropped off at the Parole Office, Hrycko should have notified Pritchett why he was not reporting to the Day Reporting Center. (Docket [#15] at 24-26). Plaintiff also reiterated that the conditions of his parole had been unfair, and that he should be immediately released from prison. Id. On March 16, 2006, Rosa responded to the letter, and stated that he would forward Plaintiff's correspondence to the Facility Parole Office at Clinton Correctional Facility, where Plaintiff was housed. Id. at 27.
On or about November 6, 2006, Plaintiff was again released from prison on parole supervision. Plaintiff was assigned a new probation officer, Parole Officer Poth ("Poth"), who imposed the same special conditions of parole, including those that Plaintiff characterizes as "sex offender conditions." In December 2006, Poth and another parole officer, Defendant Douglas Rusinko ("Rusinko") visited Plaintiff's home at separate times and concluded that Plaintiff was away from home after curfew. Plaintiff admits that Poth and Rusinko each went to his house and "got no answer," and therefore "assumed that Plaintiff was not in his residence." Amended Complaint [#6] at 11. Rusinko subsequently obtained a parole violation warrant. Following a hearing, Plaintiff was found guilty and sent back to prison for 18 months. Id. at 11. According to Plaintiff, this parole violation was in retaliation for his complaints about the sex offender conditions.
While in prison, on May 30, 2008, Plaintiff commenced the subject action. On July 3, 2008, Plaintiff was again released on parole supervision, subject to same special conditions as before. On or about July 8, 2008, Plaintiff sent a letter to the new Chairman of the New York State Division of Parole, David Alexander ("Alexander"), who replaced Dennison, complaining about the special conditions and about the handling of his various parole violations. There is no indication whether Alexander responded to this letter.
On October 16, 2008, Plaintiff met with his new parole officer, defendant Parole Officer Diamond ("Diamond"). Diamond issued Plaintiff a new set of conditions, which did not include the "sex offender conditions," and which did not require Plaintiff to attend mental health counseling.
On October 31, 2008, Plaintiff filed the Amended Complaint [#6] in this action, which purports to state thirteen causes of action under 42 U.S.C. § 1983, involving alleged violations of Plaintiff's rights under the 8th and 14th Amendments. The causes of action are as follows 1) a claim against Dennison for failing to investigate Plaintiff's complaints and allowing the other defendants to violate his rights; 2) a claim against Cummiskey for conspiring to violate Plaintiff's rights; 3) a claim against Cummiskey for defamation, for telling Plaintiff's pharmacist that Plaintiff was a sex offender; 4) a claim against Cummiskey and Pritchett for lodging false parole violations; 5) a claim against defendant Judith Cummins ("Cummins"), Administrative Law Judge, for violating Plaintiff's rights at two parole hearings; 6) a claim against Cummiskey, Hrycko, Cummins, and Siracusa, for conspiring to frame Plaintiff for parole violations; 7) a claim against Cummiskey and Pritchett, for conspiring to have Plaintiff attend "sex offender therapy" treatment; 8) a claim against Pritchett for providing false testimony at Plaintiff's second parole hearing; 9) a claim against Siracusa for failing to investigate Plaintiff's complaints against Cummiskey, and for conspiring with Cummiskey and Hrycko; 10) a claim against Hrycko for failing to "investigate" the letter that Plaintiff delivered to the Parole Office on August 15, 2005, concerning his new job; 11) a claim of excessive force against Rusinko, Hrycko, and the Rochester Police Officers who arrested Plaintiff on August 17, 2005; 12) a claim against all defendants for violating Plaintiff's "civil and constitutional rights"; and 13) a claim against Hornsberger for acting with deliberate indifference to Plaintiff's medical needs while he was in the Monroe County Jail.
On February 6, 2009, the Court reviewed the Amended Complaint pursuant to 28 U.S.C. § § 1915(e)(2)(B) and 1915A(a), and dismissed all claims against Cummins, along with several other claims. The Court ordered that the following five claims could proceed: 1) "Plaintiff's claims regarding the allegedly unlawful policy to impose the Special Conditions despite the lack of relationship of the conditions to the crime of conviction and Dennison's failure to remedy"; 2) "Claims that the improper imposition of the Special Conditions of Parole violated his constitutional rights"; 3) "Plaintiff's retaliation claims against the parole officers," including Pritchett; 4) "Plaintiff's claims alleging excessive force . . . against Officers Rusinko and Hrycko"; and 5) the 8th Amendment deliberate indifference claims against Hornsberger. Order [#8].
The Court ordered the Clerk of the Court to cause the U.S. Marshal to serve the Summons and Amended Complaint on the Defendants. (Order [#8]). Subsequently, the U.S. Marshal attempted to serve the defendants by mail, pursuant to New York CPLR § 312-a. The Marshal served all of the Defendants in this manner, except Hornsberger.*fn6 As to Hornsberger, the acknowledgment of service form that was mailed to her at the Monroe County Jail by the U.S. Marshal was returned undelivered, with a notation that she no longer works at the jail. Hornsberger and Pritchett are employees of Monroe County. Despite apparently having been served, Pritchett has not answered or appeared in this action. The remaining Defendants ("the New York State Defendants") are employees of the State of New York, and are represented in this action by the Office of the New York State Attorney General.
On April 9, 2009, the New York State Defendants filed the subject motion [#13] to dismiss, arguing the following points: 1) the official capacity claims seeking money damages are barred by the Eleventh Amendment; 2) the conspiracy claims should be dismissed, because the Amended Complaint does not plausibly plead a claim for conspiracy; 3) the claims against Dennison and Siracusa should be dismissed, since those defendants were not personally involved in the alleged constitutional violations; 4) the complaint does not state a claim for excessive force against Rusinko and Hrycko; and 5) the conditions of parole imposed were reasonable.
In response to Defendants' motion, Plaintiff filed a number of submissions. First, Plaintiff requested that he be allowed to file a second amended complaint. (Docket No. [#18]). Plaintiff later filed a "Supplemental Response" [#20], in which he alleges, inter alia, that after he was restored to parole supervision following the incident involving the photograph, unidentified "transporting parole officers" told him that they would "find a way" to have him sent back to prison. (Docket No. [#20] at 2). Additionally, as to the two instances in which parole officers determined that he was not home after curfew, he stated that on the first occasion, he did not hear knocking at the door or the doorbell because he was working in his basement, and that on the second occasion, he was away from home baby-sitting for his "girlfriend's mother's" child, and that he was home by 11:00 p.m. Id at 3. Plaintiff admits, though, that his curfew was 9:00 p.m. Id. at 9. Plaintiff also clarified that the "excessive force" about which he was complaining was that his handcuffs were applied too tightly, "cutting off circulation during the 8 mile ride from Henrietta, New York to the Monroe County Jail." Id.
Plaintiff also filed a Motion to Amend Complaint [#21] and Proposed
Second Amended Complaint. The proposed amended complaint omits
Dennison and Hornsberger
as defendants, and purports to add two new defendants, Poth*fn7
and Parole Officer William Fortune ("Fortune"). Otherwise,
the Proposed Second Amended Complaint essentially reiterates the same
factual allegations set forth in the Amended Complaint. Curiously
though, with respect to the incident in which Plaintiff exposed
himself to Cummiskey, Plaintiff has now changed his version of events
yet again. That is, he now maintains that when he came out of the
bathroom, he had a towel wrapped around himself. Proposed Second
Amended Complaint at ¶ E. As mentioned earlier, such allegation is
contrary to Plaintiff's prior sworn hearing testimony, and is also
contrary to his prior pleadings. Plaintiff also states that he does
not know the names of the officers who allegedly applied his handcuffs
too tightly. Id. at ¶ O ("names unknown at this time.").
Additionally, the Proposed Second Amended Complaint includes allegations concerning an incident in 2009 in which Plaintiff was again found guilty of violating his conditions of parole. Specifically, he alleges that in February 2009, after he provided a suspicious urine sample, parole officers searched his apartment, while he was present, and discovered marijuana and a cell phone which Plaintiff had used to send a "naked" picture of himself to his "fiancee," and "XXX rated video box covers [concealed] in a ceiling." Proposed Second Amended Complaint [#21-2] at 9. Plaintiff was again found guilty of violating parole and sent back to prison for one year. Id. Plaintiff alleges that "some of the named defendants" participated in the search, but he does not specifically identify anyone by name. Id.
Finally, the Proposed Second Amended Complaint appears to limit Plaintiff's claims to two: Conspiracy and Retaliation. Proposed Second Amended Complaint [#21-2] at 11. Specifically, he alleges that Cummiskey and Pritchett conspired to fabricate evidence against him, and that Dennison (who is not listed as a defendant elsewhere in the proposed pleading), along with Cummiskey, Hrycko, Poth, and Siracusa, retaliated against him. The proposed pleading seeks injunctive relief and monetary damages. Defendants oppose the proposed amendment, arguing that it would be futile, since the Proposed Second Amended Complaint still fails to state any claim upon which relief can be granted. See, Def. Memo of Law [#23]. Plaintiff subsequently filed a reply [#25] to Defendant's response to the Motion to Amend. And finally, Plaintiff recently filed a motion for the appointment of counsel [#32].
Courts must freely give leave to amend pleadings "when justice so requires." FRCP 15(a)(2). Nevertheless, a "district court has discretion to deny leave for good reason, including futility, bad faith, undue delay, or undue prejudice to the opposing party." Holmes v. Grubman, 568 F.3d 329, 334 (2d Cir.2009) (internal quotation marks omitted). "A proposed amendment to a pleading would be futile if it could not withstand a motion to dismiss pursuant to Rule 12(b)(6)." Martin v. Dickson, No. 03-7917, 100 Fed.Appx. 14, 16, 2004 WL 1205185 at *2 (2d Cir. Jun. 2, 2004) (unpublished).
The applicable legal standard for determining whether a complaint is sufficient to survive a Rule 12(b)(6) motion is clear:
Federal Rule of Civil Procedure 8(a)(2) 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. While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact).
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (2007); see also, ATSI Communications, Inc. v. Shaar Fund, Ltd., 493 F.3d 87, 98 (2d Cir. 2007) ("To survive dismissal, the plaintiff must provide the grounds upon which his claim rests through factual allegations sufficient 'to raise a right to relief above the speculative level.'") (quoting Bell Atl. Corp. v. Twombly) (footnote omitted); Iqbal v. Hasty, 490 F.3d 143, 157-58 (2d Cir. 2007) (Indicating that Bell Atl. Corp. v. Twombly adopted "a flexible 'plausibility standard,' which obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible[,]" as opposed to merely conceivable.), reversed on other grounds, Ashcroft v. Iqbal, 129 S.Ct.1937 (2009). When applying this standard, a district court must accept the allegations contained in the complaint as true and draw all reasonable inferences in favor of the nonmoving party. Burnette v. Carothers, 192 F.3d 52, 56 (2d Cir. 1999).
The legal principles applicable to claims brought under 42 U.S.C. § 1983 are similarly well settled:
In order to establish individual liability under § 1983, a plaintiff must show (a) that the defendant is a "person" acting "under the color of state law," and (b) that the defendant caused the plaintiff to be deprived of a federal right. See, e.g., Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961). Additionally, "[i]n this Circuit personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983." McKinnon v. Patterson, 568 F.2d 930, 934 (2d Cir.1977).
An individual cannot be held liable for damages under § 1983 "merely because he held a high position of authority," but can be held liable if he was personally involved in the alleged deprivation. See Black v. Coughlin, 76 F.3d 72, 74 (2d Cir.1996). Personal involvement can be shown by: evidence that:
(1) the defendant participated directly in the alleged constitutional violation, (2) the defendant, after being informed of the violation through a report or appeal, failed to remedy the wrong, (3) the defendant created a policy or custom under which unconstitutional practices occurred, or allowed the continuance of such a policy or custom, (4) the defendant was grossly negligent in supervising subordinates who committed the wrongful acts, or (5) the defendant exhibited deliberate indifference ... by failing to act on information indicating that unconstitutional acts were occurring. See Colon v. Coughlin, 58 F.3d 865, 873 (2d Cir.1995).
Back v. Hastings On Hudson Union Free School Dist., 365 F.3d 107, 122, 127 (2d Cir. 2004).
At the outset, for the reasons previously set forth in the Court's November 18, 2010, Decision and Order [#31], Plaintiff's motion for appointment of counsel [#32] is denied. Further, Plaintiff's cross-motion to filed a Second Amended Complaint is denied on the grounds of futility. As discussed further below, neither the Amended Complaint nor the Proposed Second Amended Complaint states a plausible claim under Section 1983.
The Court agrees with Defendants that any claims for money damages against the Defendants in their official capacities are barred by the Eleventh Amendment, though claims for declaratory and injunctive relief are not. Davis v. New York, 316 F.3d 93, 101-102 (2d Cir. 2002). The Court also agrees that Plaintiff has failed to plausibly allege the required personal involvement in the alleged violations by Dennison, Siracusa, or Rusinko. See, e.g., Sealey v. Giltner, 116 F.3d 47, 51 (2d Cir. 1997) (Mere receipt of letters from the plaintiff did not demonstrate the requisite personal involvement). Moreover, the excessive force claim fails to allege an injury of constitutional magnitude and also fails to allege personal involvement by any Defendant in this action.
Moreover, Plaintiff has not plausibly pleaded that there was a conspiracy among the Defendants to violate his rights. On this point, for claims alleging a conspiracy to violate one's civil rights under 42 U.S.C. § 1985(3), the pertinent legal principles are as follows:
In order to state a conspiracy claim under 42 U.S.C. § 1985(3), a plaintiff must show: (1) a conspiracy; (2) for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; (3) an act in furtherance of the conspiracy; (4) whereby a person is either injured in his person or property or deprived of any right or privilege of a citizen of the United States. A § 1985(3) conspiracy must also be motivated by some racial or perhaps otherwise class-based, invidious discriminatory animus behind the conspirators' action.
Cine SK8, Inc. v. Town of Henrietta, 507 F.3d 778, 791 (2d Cir. 2007) (citation and internal quotation marks omitted). It is well-settled that vague or conclusory allegations of conspiracy are insufficient to state a claim under 42 U.S.C. § 1985. Gyadu v. Hartford Ins. Co., 197 F.3d 590, 591 (2d Cir. 1999) ("As this Court has previously held, however, a "complaint containing only conclusory, vague, or general allegations of conspiracy to deprive a person of constitutional rights cannot withstand a motion to dismiss.") (citation omitted). In this case, Plaintiff has offered only vague and conclusory allegations of a conspiracy.
Similarly, Plaintiff has not pleaded a plausible claim of retaliation, the legal standard for which is clear:
In general, a section 1983 [retaliation] claim will lie where the government takes negative action against an individual because of his exercise of rights guaranteed by the Constitution or federal laws. We have confirmed that this principle applies in the prison context as well. In order to state a claim for retaliation under section 1983, a plaintiff must show that: (1) his actions were protected by the Constitution or federal law; and (2) the defendant's conduct complained of was in response to that protected activity. To survive a motion to dismiss, such claims must be 'supported by specific and detailed factual allegations,' not stated 'in wholly conclusory terms.'
Friedl v. City of New York, 210 F.3d 79, 85-86 (2d Cir. 2000) (citations and internal quotation marks omitted). Again, Plaintiff's allegations as to this claim are entirely conclusory. Moreover, such claims are not plausible in light of the fact that Plaintiff admits that he violated his parole on each of the occasions about which he complains.*fn8 That is, Plaintiff admits that he: 1) failed to report his arrest to his Parole Officer; 2) failed to report to the Day Reporting Center for three days; 3) failed to abide by his curfew; and 4) possessed marijuana. Plaintiff has not provided any non-conclusory allegation that any of his parole violations were related to his prior complaints about the sex-offender conditions. Cf., McCloud v. Kane, 491 F.Supp.2d 312, 318 (E.D.N.Y. 2007) (Parolee stated retaliation claim against parole officer, where officer told Plaintiff that curfew was not necessary, but officer later imposed curfew after the parolee complained about the officer).
To the extent that Plaintiff claims that Defendants violated his constitutional rights by imposing special conditions, the Court also disagrees. First, a parolee such as Plaintiff has no liberty interest in avoiding the imposition of special conditions of parole. See, Pena v. Travis, No. 01 Civ.8534 SAS, 2002 WL 31886175 at *13 (S.D.N.Y. Dec. 27, 2002) ("Because the imposition of special conditions is left to the discretion of the Board of Parole and parole officers, plaintiff does not have a protected liberty interest in being free from special conditions.") (citing 9 N.Y. Comp.Codes R. & Regs., tit. 9, § 8003.3). And second, the so-called "sex offender" special conditions were reasonable under the circumstances presented by this case, which include Plaintiff's showing nude pictures of himself to a female co-worker and exposing himself to Cummiskey. See, Bostic v. Jackson, No. 9:04-CV-676 (NAM/GJD), 2008 WL 1882696 at *2 (N.D.N.Y. Apr. 24, 2008) ("Restrictions upon the First Amendment rights of parolees are valid as long as the restrictions are reasonably and necessarily related to the advancement of some justifiable purpose of imprisonment.") (citations omitted); see also, Birzon v. King, 469 F.2d 1241, 1243 (2d Cir. 1972) ("The restriction here involved is reasonably and necessarily related to the Government's legitimate interests in the parolee's activities and thus does not violate the first amendment.").
Finally, the Court finds that the purported claim against Hornsberger, for deliberate indifference to a serious medical need in violation of the Eighth Amendment, fails to state a claim. In that regard, it is well settled that mere differences of opinion as to medical treatment are not actionable under Section 1983. See, Chance v. Armstrong, 143 F.3d 698, 703 (2d Cir. 1998) (Holding that a "mere difference of opinion over a matter of medical judgment" does not constitute deliberate indifference.). Here, Plaintiff alleges only that he told Hornsberger that he was having unspecified "issues," and that she placed him on a suicide watch as a precaution. Plaintiff's belief that he should not have been placed on suicide watch does not state an 8th Amendment claim, and consequently such claim does not survive review under 28 U.S.C. § § 1915(e)(2)(B) and 1915A(a).*fn9
Plaintiff's motion for appointment of counsel [#32] is denied. Defendants' motion to dismiss [#13] is granted, Plaintiff's cross-motion to amend [#21] is denied, and this action is dismissed in its entirety, with prejudice. The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a), that any appeal from this Order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438, 82 S.Ct. 917, 8 L.Ed.2d 21 (1962). Further requests to proceed on appeal in forma pauperis should be directed on motion to the United States Court of Appeals for the Second Circuit in accordance with Rule 24 of the Federal Rules of Appellate Procedure.
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Dads! They are our rock! If we are girls- we are Daddy's little princess- and if we are boys- they teach us how to play baseball and football. Give Dad a present he is sure to enjoy - Better Made Snack Foods! Vote for " Dad of the Year"! NOW!
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Jon Favreau Will Not Direct The Avengers
Jon Favreau has announced that he won't be directing, The Avengers, a film about the Marvel Comics dream-team of superheroes.
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"How you mix the two of those works very well in the comic books, but it's going to take a lot of thoughtfulness to make that all work and not blow the reality that we've created."


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Best Western Fulton properties are provided below. Search for cheap and discount Best Western hotel rooms in Fulton, TX for your upcoming meeting or individual travels. We list the best Best Western Fulton hotels & motels so you can review the Fulton Best Western hotel list below to find the perfect place.
Our search will show you discounted Fulton, TX lodging properties that have a comparable rating of a Best Western.Need 5+ Rooms? Get group bids from hotels in Fulton TX
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With a stay at Best Western Refugio Inn in Refugio, you'll be convenient to Heritage Park and Refugio County Museum. This hotel is within close proximity of Lions City Park.
When you stay at Best Western Ingleside in Ingleside, you'll be close to Aransas Pass Aquatic Center.