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BEST WESTERN PREMIER Hotel 115
115 Cotham Road Kew
(03) 8862 0200
With its distinct style and personalised guest services, the BEST WESTERN PREMIER Hotel 115 Kew is the ideal place for accommodation near Melbourne CBD, whether you are travelling for business or leisure. The newly-built Best Western Premier Hotel 115 Kew is only 6km from Melbourne's CBD.
Guests will find rooms with state of the art technology and design features including 42" LED televisions and Apple Mac minis which have been integrated with a specifically designed guest information and media centre. The full-service hotel also offers concierge services, 24-hour reception, 24-hour room service and valet parking, meeting all expectations for a luxury hotel.
The hotel's onsite restaurant, 115 Grill & Brewhouse, provides guests with an excellent dining experience as it builds a reputation as the best Melbourne brewhouse. The menu features a broad selection of small plates designed for sharing, premium cuts from the grill and skilfully prepared desserts.
The experience is enhanced with a temperature-controlled wine cellar and a selection of Craft beers brewed in the Melbourne hotel's micro-brewery. The hotel also features a fitness centre, onsite bar and modern business centre, making it the perfect accommodation option for visitors to Melbourne, whether you're a business traveller or in town to see a show, or to catch all the action at the nearby Melbourne Sports Precinct.
If the merchant is unable to confirm the stay dates you want within the availability period, OurDeal will offer a full refund within 7 days of purchasing the OurDeal voucher.


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Town Square
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OTHER ISSUESAnother roadblock for Hangar One?
As if it won't be disheartening enough to see Moffett Field's historic Hangar One reduced to a bare skeletal frame this year,...Original post made on May. 10, 2011
Last comment by Truth, on May 11, 2011 at 6:46 am | 3 comments | 2412 Views
OTHER ISSUESBoard affirms superintendent choice with unanimous vote
The Menlo Park City School District board unanimously approved a three-year contract Tuesday night that will install Maurice...Original post made on May. 12, 2011
Last comment by concerned, on May 12, 2011 at 4:04 pm | 3 comments | 3533 Views
OTHER ISSUESKaiser celebrates 20 years on Castro Street
Kaiser Permanente's Mountain View Medical Office is celebrating 20 years of medical service at its Castro Street location. Read...Original post made on May. 16, 2011
Last comment by Hardin, on May 17, 2011 at 9:44 pm | 3 comments | 2345 Views
OTHER ISSUESBurgers galore
I almost developed a napkin fetish by the time I finished my visits to The Workshop Burgers Bar & Grill. Napkins were dispensed...Original post made on May. 27, 2011
Last comment by A. Reader, on May 27, 2011 at 1:06 pm | 3 comments | 2569 Views
OTHER ISSUESNew law requires carbon monoxide detectors in homes
Cal Fire officials are reminding the public that starting today, July 1, state law requires carbon monoxide detectors to...Original post made on Jul. 1, 2011
Last comment by Old Ben, on Jul 7, 2011 at 2:23 am | 3 comments | 2342 Views
OTHER ISSUESFraudulent and Unethical Sales practice at Wells Fargo Bank Castro Street Branch
I just want to share with our fellow Mountain View residents about our frustrating experience at the Wells Fargo Bank at...Original post made by ctesti on Jul. 20, 2011
Last comment by Observer, on Jul 27, 2011 at 11:07 am | 3 comments | 5221 Views
OTHER ISSUES'I'm happy -- lucky -- alive,' instructor says after crash
A small airplane made an emergency crash landing in the Ravenswood Open Space Preserve near East Palo Alto this morning....Original post made on Aug. 23, 2011
Last comment by bkengland, on Aug 25, 2011 at 3:01 pm | 3 comments | 2113 Views
OTHER ISSUESLife under the big top
Heidi Scott, a Mountain View software engineer, joined her family as well as animal trainer Tabayara Maluenda, the Brothers...Original post made on Aug. 30, 2011
Last comment by pcuvie, on Aug 30, 2011 at 7:35 pm | 3 comments | 2473 Views
OTHER ISSUESSchool district wants to buy day-care site
The Palo Alto Unified School District has formally declared it wants to buy a 2.65-acre parcel on San Antonio Road. The purpose...Original post made on Sep. 9, 2011
Last comment by Observer, on Sep 12, 2011 at 9:13 am | 3 comments | 2213 Views
OTHER ISSUESMissing Mountain View man found
A missing 89-year-old Mountain View man was found early this morning, Sept. 13, after his family reported him missing Tuesday...Original post made on Sep. 14, 2011
Last comment by don'tworrybeehappy, on Sep 16, 2011 at 9:57 pm | 3 comments | 2172 Views
OTHER ISSUESWorst year to start high-tech company? 2000
Only one in six high-tech companies that started in 2000 in Silicon Valley remained in business at the end of the decade,...Original post made on Oct. 13, 2011
Last comment by Mr. T, on Oct 14, 2011 at 8:12 pm | 3 comments | 2089 Views
OTHER ISSUESCouncil rejects developer requests, OKs others
Mountain View's growing industrial base and high demand for housing shaped the scene at a City Council meeting Tuesday where...Original post made on Oct. 14, 2011
Last comment by George, on Oct 17, 2011 at 8:58 pm | 3 comments | 2212 Views
OTHER ISSUESMV Reads Together goes green
Mountain View Reads Together is going all out this year. Not only are participants asked to read Bill McKibben's book, "Eaarth,"...Original post made on Nov. 1, 2011
Last comment by Bruce Karney, on Nov 1, 2011 at 3:49 pm | 3 comments | 2192 Views
OTHER ISSUESGordon to hold high-speed-rail meeting in Palo Alto
California's controversial and increasingly expensive high-speed-rail system will be the subject of a public hearing hosted...Original post made on Nov. 8, 2011
Last comment by jusme, on Nov 8, 2011 at 5:24 pm | 3 comments | 2025 Views
OTHER ISSUESMove gas pipe from under school?
Officials with the Mountain View Whisman School District would like to see PG&E remove both gas lines running beneath Crittenden...Original post made on Nov. 9, 2011
Last comment by Steven Nelson, on Nov 10, 2011 at 5:14 pm | 3 comments | 2125 Views
OTHER ISSUESWill council give businesses more time to move?
In a quiet corner of Silicon Valley you can find an original Heidelberg press, a marvel from the heyday of mechanical engineering,...Original post made on Dec. 23, 2011
Last comment by Julie Stanford, on Jan 5, 2012 at 2:59 pm | 3 comments | 2422 Views
OTHER ISSUESWinter's 14th Spare the Air alert issued
No logs will be burning in the Bay Area Thursday as another Spare the Air Day has been announced by the Bay Area Air Quality...Original post made on Jan. 12, 2012
Last comment by Phil, on Jan 12, 2012 at 10:17 pm | 3 comments | 2239 Views
OTHER ISSUESMV woman wins $1 million lottery prize
Mountain View resident Emily Leach had the good fortune to wake up from a tumor-induced coma two years ago, and on Friday...Original post made on Jan. 14, 2012
Last comment by abraham gomez, on Mar 10, 2012 at 9:21 pm | 3 comments | 2466 Views
OTHER ISSUESEl Camino to hold community forums
El Camino Hospital will hold two community forums next week -- one at each of its campuses -- that aim to familiarize the...Original post made on Mar. 13, 2012
Last comment by IHT, on Mar 16, 2012 at 10:00 am | 3 comments | 2668 Views
Less than a month after the Mountain View City Council passed its controversial draconian anti-smoking ordinance which takes...Original post made by Jim Neal on Mar. 23, 2012
Last comment by Jim Neal, on Mar 23, 2012 at 10:36 pm | 3 comments | 2299 Views
Surviving Family Holidays
By Chandrama Anderson | 0 comments | 259 views

subset: commoncrawl


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Shannon's Peach Raspberry Fantasy Smoothie
Total Time
Prep 5 mins
Cook 5 mins
This is the best smoothie. I came up with the recipe because I love the raspberry peach combination. Try it, you'll love it.
Ingredients Nutrition
- 1 very ripe frozen chopped white peach
- 3⁄4 cup sugar free frozen raspberries
- 3⁄4 cup sugar-free non-fat vanilla yogurt
- 1 tablespoon polaner's raspberry all fruit spread
- Slightly defrost the frozen fruits.
- Blend all in blender and enjoy, it's delicious.


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Terasy Ústí nad Labem - Terasy (18)
Golf course is situated in the recultured zone in the north-west part of town. The course benefits from nature landscape with afforest bounds of former mine as well as surroundings of natural lake – water filled former seam.
The first nine-hole cover uprugged and varied terrain with appealing drops and its tees are situated mostly on the man made terraces. Most of holes from the second nine circumfuse around the lake with two holes placed noticeable above surrounding grounds. Here too, the name TERRACE is outright.
Driving range dispose of more than sufficient length and width, target greens, additional training greens and bunkers.
Conveniente access to the resort and a good neighbourliness of pleasant and wel-appointed natural swimming pond gives the most expectations for great popularity with not only golf funs but also the public at large.
- Address Všebořice – Podhoří 380/80
- City 400 10 Ústí nad Labem
- State/Province Ústi nad Labem
- Country Czech Republic
- Allowed CC VISA, MasterCard
- Allowed Players 1-4 players
- Holes 18
- Dresscode Proper dress attire required
Cancellation Policy
Tee Time Reservations must be cancelled no later than 24 hours prior to day of play. If reservation is not cancelled by this time, the credit card holder will be responsible for the full greens fees with the credit card being automatically charged.
NOTE: Some fees collected at time of booking are non-refundable. Refer to the payment details to identify non-refundable fees.
Real Time Reservations
Tee times booking price
- Real Time Confirmation
- Free Cancelation
- Free Modification
Golf Course Rating
- Satisfaction:
- Money Value:
- Tees:
- Fairways:
- Hazards:
- Rough:
- Greens:
- Pace of Play:
- Average rating of 3/5 based on 1 reviews
Golf Courses Nearby
Teplice - Cínovec - Teplice (9) Dubí, Ústi nad Labem
From CZK 400.00 per Round
Barbora (18) Jeníkov, Ústecký
Kotlina - Terezín - Kotlina (9) Terezín, Ústi nad Labem
From CZK 550.00 per Round
Janov (9) Arnoltice, Ústi nad Labem
From CZK 400.00 per Round
Show all Ústi nad Labem Golf Courses
Hotels nearby
Hotel Depandance Vladimir Usti nad Labem
From $ 60
Clarion Congress Hotel Usti nad Labem Usti nad Labem
From $ 82
Hotel Teplice Plaza Teplice
From $ 169
Hotel Ostrov Tisa
From $ 83
Hotel Prince de Ligne Teplice
From $ 132


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Compare Divorce attorneys near you. Read reviews, see Avvo Ratings, and contact them directly.
5.0 stars 4 reviews
Avvo Rating: 9.9
John is a supporter and advocate for utilizing the Collaborative Law process for divorces. While this process is not appropriate in all situations, he has found that it nearly always results in a resolution that both parties feel is a fair and b...
Practice areas & skills: Divorce & Separation, Estate Planning, Uncontested Divorce
4.5 stars 13 reviews
Avvo Rating: 10
Matt's principal practice areas are family law and estate planning. He began practicing family law while interning with a firm that focused on that area. After graduating law school and passing the state bar exam he opened up his own practice work...
Practice areas & skills: Divorce & Separation, Family, Mediation
4.5 stars 10 reviews
Avvo Rating: 10
Ken Zigler is a Washington licensed attorney and practices primarily family law, but also practices general litigation and social security law. He is a long-time resident of Spokane County, with roots in Nine Mile Falls, WA. Mr. Zigler is marrie...
Practice areas & skills: Divorce & Separation, Family, Lawsuits & Disputes, Social Security, Mediation
5.0 stars 2 reviews
Avvo Rating: 8.0
Review: "You would be a fool not to hire Heather Hoover at Twyford Law for your needs. She worked tirelessly on my year long custody battle and went above and beyond what I expected. "
Practice areas & skills: Divorce & Separation, Child Custody, Child Support, Family
15-minute phone call
Ask questions and get advice from a local, experienced lawyer about your divorce or separation.
30-minute intro call + start-to-finish help
Have a local, experienced family law attorney guide you through your simplified or summary dissolution divorce.
30-minute intro call + start-to-finish help
Work with a local, experienced family law attorney to guide you through your uncontested divorce with children.
Get the legal help you need at a fixed price. No hidden fees or long-term commitment.
A divorce lawyer helps you if you no longer want to be married. Whether you want a legal separation or the marriage ended, divorce lawyers assist you to arrange financial and family matters, typically in a negotiation with your spouse's lawyer. Alimony, child custody, child support, and a fair division of community assets (like who keeps the house or how your checking and savings accounts are divided) are matters that a divorce lawyer is trained to help determine.


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posted on: 1/16/13
I am just starting back to college and need assistance with statistics.- Robin from Palo Alto, CA
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Brittany Murphy's life, career and finals days
The Hollywood Reporter posted this great video about her career, life and finals days. It's almost 15 minutes long but it's worth the time. It's...
Natalie Portman: "I think you can't judge your character when you play her, or else you wouldn't be able to"
Portman speaks about the challenges with playing the famous First Lady.
Aaron Eckhart: "I have a saying: 'If you're sweating, you're doing it wrong'"
"People ask me, 'Why aren't you sweating?' And I say, 'Because I am making myself effortless.' The physical is key." - Aaron Eckhart
Anna Kendrick on Why She Became a Actress and How She Got Her Role in 'Up in the Air'
"It became the way that I learn about myself and the way that I learn about other people." - Anna Kendrick on Acting
Viola Davis on Returning to 'Fences': "It was a chance and an opportunity to fix some things I never got right on stage"
"You know when you're not getting it right, you know when you're coasting." - Viola Davis
Nicole Kidman on Roles She Turned Down: "It's just the journey"
"You're meant to play certain things and if it's meant to be, then it just kind of happens." - Nicole Kidman


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Perhaps 'Bridesmaids' will get that Best Picture nomination after all. The Producers Guild of America announced its ten selections for Producer of the Year on Tuesday, and Judd Apatow is among the nominees for his work on the record-breaking R-rated comedy. This, after 'Bridesmaids' also earned an ensemble nomination from SAG, bodes well for its Oscar bona fides. Also on the somewhat surprising short list: George Clooney for 'The Ides of March' and 'The Girl With the Dragon Tattoo.' Not bad! But which supposed Oscar contenders didn't make the cut?
A woman's life unravels as she helps the bride, her lifelong friend, prepare for the wedding. Read More


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Evenly pour in root beer to two glasses and evenly top with ice cream. Serve and Enjoy!
*Optional: Add 1 shot of Bourbon into each glass for Cocktail Time!
Serving size Per servingComplete recipe
Calories 131 Calories from Fat 72
% Daily Value*
Total Fat 8 g12.3%
Saturated Fat 5 g25%
Trans Fat 0 g
Cholesterol 31.4 mg10.5%
Sodium 31.4 mg1.3%
Total Carbohydrates 13 g4.4%
Dietary Fiber 0 g
Sugars 11.6 g
Protein 2 g4%
Vitamin A 5.7%
Vitamin C 0.86%
Calcium 7.1%
*Based on a 2000 Calorie diet


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If you are having trouble logging in please click the drop down arrow next to the HELP button to see if the self help options can assist.
If they do not not work:
1. Call your school office directly for assistance
2. Call our Parent Technology Helpline at 262-789-6298. Our parent help line can only assist with login issues. All other issues should be directed to the school.
During the summer the Parent help line is not always manned so please leave a message.


text: I'm running 1.1.3. This started after uninstalling HWPen (Or whatever the handwriting app is called). It told me to restart the iPod, but before I did that I went to go Install MobileRSS. When I hit the home button, the normal spinning wheel appeared. But it never went to the "Slide to Unlock" Screen. I held the Power Button for a while, but it didn't do anything. So I Put it into Recovery. I have had to do this many times, before, and I always Booted it with iBrickr. So I hit boot, and I get the Red Screen (A good thing) But unlike before, it takes about 10 min. before it reboots. So I get the Apple logo, then the screen flashes white, And the logo appears again. I wait, and it goes into Recovery mode again. No matter how many times I do it, it always ends up in recovery. Help Please! BTW: iTunes DOES reckognize it. EDIT: I can kind of get it into DFU Mode, but when I let go of the Power button, It goes into the mode, but the iPod is off.


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Program with Lua, a simple and modern programming language. Lua`s syntax is simple as BASIC but Lua is faster and more powerful. Which make it ...
Program with Lua, a simple and modern programming language. Lua's syntax is simple as BASIC but Lua is faster and more powerful. Which make it just perfect for iPhone platform. *** This is the iPad version of TouchLua Free App *** What is Lua? Lua is a powerful, fast, lightweight, embeddable scripting language. Lua combines simple procedural syntax with powerful data description constructs based on associative arrays and extensible semantics. Lua is dynamically typed, runs by interpreting bytecode for a register-based virtual machine, and has automatic memory management with incremental garbage collection, making it ideal for configuration, scripting, and rapid prototyping. Why Choose Lua? Lua is a proven, robust language Lua is fast Lua is portable Lua is embeddable Lua is powerful (but simple) Lua is small Lua is free Touch Lua + Features: + Two modes: program/console (command line) + Built in help: Tutorials (hands on), Wiki, Reference + Multi program + Powerful editor + Syntax highlighting + Sample programs provided Use Touch Lua +: + Learn programming + Learn modern scripting + Apply your programming skills + Rapid prototyping + Use it as advanced calculator Available through In-App Purchase: Draw Library: Empowers you to create complex graphics from simple graphic objects Features: + Draw simple graphic objects: lines, rectangles, circles, text, ... + Draw at the super speed of your device + Make animations + Define your colors with alpha channel (32bit color with transparency) + Select your drawn text font face and size + Enables you to run included Graphic Sample Programs To start learning Lua choose Console from main menu then select Tutorials (first aid kit icon). Now read & apply and you will learn Lua basic's in no time! Kindly Note: Touch Lua uses Lua 5.2 standard, so if you hit into undefined function see the alternative for it from the reference. some examples: unpack() now is table.unpack(), loadstring() is now load() Make sure to take a look at the free App's from Hawwash-Soft
Version: 1.1
Size: 1.45 MB
Price: 0,00 €
Day of release: 0000-00-0
Educational | iPhone, iPad
Productivity | iPhone, iPad
Entertainment | iPhone, iPad
Educational | iPhone, iPad
Tools | iPhone, iPad


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Dreaming of an apocalypse or that the world is coming to an end may suggest that you are dealing with a major transition or life changing event and your life, as you currently know it, is coming to an end. It's not unusual to have apocalyptic dreams when transitioning from one stage of life into the next (adolescence to teenager, teenager to adult, going off to college, getting married or divorced, etc.)
In general, it is the anxiety about the unknown future or feeling you have no control of your future that leads to apocalyptic dreams, as the familiar aspects of life give way to the unfamiliar.
- Feeling unprepared for what lies ahead or being unwilling to release the past can also result in dreams of the world coming to an end.
- Meaning of Armageddon in a dream
Dreaming of Armageddon is similar to the apocalyptic dream but may be the result of a more physically or emotionally violent upheaval as you battle through the forces that are causing the life changing event – such as a nasty divorce or a company takeover.


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Our Rating:
I Pekar Moisturizer ($78 in the shop) is an unusual experience. Now, don't get me wrong, it is one that I have come to adore. But this is not your usual pot of face cream. It manages to combine luxury and handcrafted (typically an oxymoron, but not so in the case), smells divine and leaves my skin looking as if it has been on vacation.
For those who don't know, Ildi Pekar is my long-time esthetician, and I Pekar is her debut skin care launch. I wrote more about Ildi in my review of the I Pekar Cleanser. In short, she has two goals when it comes to skin care — natural and effective anti-aging — and she doesn't compromise on either.
This moisturizer is, I have found, versatile enough to be layered over a serum and effective enough to be used on its own. I have found that alone, it not only hydrates and conditions but has also been giving a helping hand to erasing wrinkles.
One of the ingredients that helps I Pekar's Moisturizer pack an anti-aging punch is tripeptide-5. This peptide activates an epidermal growth factor (TGF-beta) that stimulates collagen in the skin. I have seen claims that in-vitro tests showed that tripeptide-5 has better collagen building capacity than topically applied TGF-beta — by 119%.
This wonderfully hydrating moisturizer is boosted by squalane and hyaluronic acid. My skin typically errs on the oily side, but it has been dry and out of sorts of late. I Pekar Moisturizer has been just the thing to firm, hydrate and soothe it. Calendula and aspen bark are anti-inflammatory and calming ingredients.
Ildi's line is all about honey, which is a great healer and source of antioxidants. The only downside is that honey tends to separate a bit from the other ingredients. A minor issue that is put to rights with a shake and a little happy dance (hey, I'm in the privacy of my bathroom).
Ildi has done a great job with her first products, and I am very proud of her. The formulas are as natural as it gets, and what's more is they work. Not to mention, the products look terribly elegant in their miron glass bottles and jars (and I'm going to take a teensy bit of credit for being the one who suggested the miron glass — a clever glass that keeps out part of the light spectrum and helps preserve the products).
Editor's note: This product has been recently reformulated. The original ingredients were: Purified Aqua, Aloe Barbedenis, Squalane, Radish Root Ferment, Vegetable Glycerin, Isoeicosane, Cetyl Alcohol, Stearic Acid, 100% Raw Honey, Salix Alba (Willow Bark Extract), Populus Tremuloides (Aspen Bark Extract), Grape Fruit Seed Extract, Calendula Extract, Hyaluronic Acid, Vitamin E, Tripeptide 5, Vitamin C, Pro Vitamin B5, Cucumber Fruit Extract, Ginger Milk
Does the review reflect the new ingredients? Doesn't appear that squalane or tripeptide 5 is in the newly formulated ingredient list, rather the list showing the original ingredients. If it is missing these key ingredients that help with wrinkles and anti-aging.
I'm late 40's male, absolutely need lots of moisure, although I have a productive T-zone. I've used I Pekar Moisturizer for almost a month now. I'm very pleased with it. It's thick & rich in texture & feels luxurious going on. A little bit goes a long way & my skin aborbs it easily & looks instantly hydrated. It definitely separates some, per Marta's review, & I give it a quick stir before each application with the wee applicator that arrived with it. No issues applying it post-shaving, over aftershave; occasionally moisturizers & a freshly shaved beard are a conflict for my curly follicles. My only minor con would be the scent which is a rich honey citrus. It is a bit feminine for me, although it seems to mostly dissipate after a few hours.


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Parx Black Graphic Printed Crew Neck T Shirt
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- This versatile black t shirt from Parx will brighten up your casual wardrobe. It features a graphic print on the front that lends a stylish look. Team this piece with a pair of distressed jeans, sneakers and aviators to rock the day with your groovy personality.
- Fit - Regular fit
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Be the first NJ.com user to add photos or videos of Antler Artistry
Antler Artistry is located at 134 Pequest Dr, Belvidere, NJ. This business specializes in Home & Garden Lighting.
Antler Artistry can be found at Pequest Dr 134. The following is offered: Housewares. The entry is present with us since Sep 8, 2010 and was last updated on Nov 14, 2013. In Belvidere there are 2 other Housewares. An overview can be found here.


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Scott Howat, chairman of the Seminole State College Board of Trustees, has been honored as the 2013 Florida Trustee of the Year by the Association of Florida Colleges (AFC) Trustee Commission.
In his six years as a member of the Board of Trustees, Howat's leadership has contributed to the success of the College and its students, as well as to the Central Florida region, says Dr. E. Ann McGee, president of Seminole State.
"Scott is being recognized for the countless hours that he has given to our college and our Florida College System as the consummate unpaid volunteer," McGee says. "He is highly respected for his integrity and diligence in working hard to bring people together for the good of all."
Howat, who works as senior director of labor and legislative relations for Orange County Public Schools, was re-elected to his fourth consecutive one-year term as Seminole State's Board of Trustees' chairman in August. His accomplishments include:
Howat accepted the award Friday, Sept. 13, at the AFC Trustees Commission Conference at Disney's Contemporary Resort in Lake Buena Vista.
All Florida trustees who serve on district boards for any of the 28 FCS institutions were eligible for the award. As the state winner, Howat will represent Florida for the national trustee award through the Association of Community College Trustees (ACCT).
About Seminole State College of Florida: Seminole State operates six sites in Central Florida, including campuses in Altamonte Springs, Heathrow, Oviedo and Sanford/Lake Mary. Seminole State, one of the fastest growing two-year colleges in the nation, has nearly 32,000 students.
Seminole State College's Library, Assessment and Testing Center and Academic Success Center will offer extended hours in December to help students who may need more time to prepare for Fall Term final exams and projects.Read More »
Seminole State College of Florida is kicking off the holiday season with a number of events at its Sanford/Lake Mary Campus. From Dec. 2 through Dec.Read More »
Seminole State College of Florida is one of the top 10 online colleges in Florida, according to a new ranking. OnlineColleges.com recently completed extensive research into 2,868 different accredited colleges and universities. Seminole State ranks No.Read More »
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The pace at which Johnson City residents are filing into the Municipal and Safety Building to pay property tax bills is steadily increasing as the Jan. 3 deadline to pony up 2016 payment draws near.
Mountain Home Veterans Affairs Medical Center ranks in the top tier of all VA medical facilities in the country, according to an internal assessment tool the agency uses to identify areas ripe for improvement.
Johnson County Sheriff Mike Reece was between a rock and a hard place last year.
Plans are in place to move forward with the new Boones Creek K-8 school as board members juggled the idea of downsizing some aspects of the school in favor of saving some money.
ELIZABETHTON — Although it was not scheduled on the agenda, the Elizabethton City Council heard from several sources Thursday night who emphasized the importance of the area's natural beauty and opportunities for outdoor activities.
The Tri-Cities chapter of the Moms Demand Action for Gun Sense group will be holding a commemorative event for the victims and survivors of the Sandy Hook School tragedy that took place four years ago on Dec. 14 in Newtown, Connecticut.
As of Thursday afternoon, the ministry had received sponsorships for all but 350 of the 1,124 individuals on its shopping list and will be at The Mall at Johnson City tonight and Saturday night with an opportunity for others to join in the giving spirit of the holiday.
ELIZABETHTON — The Carter County School Board is considering spending more than $2 million in infrastructure improvements in the coming months.
In the midst of his Cabinet deliberations, President-elect Donald Trump flew to Ohio Thursday to meet with victims and families after the latest U.S. outbreak of violence, a somber duty that became all too familiar to his predecessor.
A decades-long trend of rising life expectancy in the U.S. could be ending: It declined last year and it is no better than it was four years ago.
It's not often two passions merge so placidly as Michael Marion's did.
A Piney Grove man who borrowed a truck never returned it to its owner after two weeks and later totaled it in a crash, police said, resulting in his arrest Wednesday.
WASHINGTON — John Glenn, whose 1962 flight as the first U.S. astronaut to orbit the Earth made him an all-American hero and propelled him to a long career in the U.S. Senate, died Thursday. The last survivor of the original Mercury 7 astronauts
Updated Dec 8, 2016 at 3:48 PM
Nearly the entire region remains abnormally dry, and much more rain is needed before the drought's demise can be declared, said Mark Svoboda, who directs the National Drought Mitigation Center.
The man accused of firing an assault rifle inside a Washington restaurant said he regrets how he handled the situation but refused to completely dismiss the false online claims involving a child sex ring that brought him there.


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United States District Court, N.D. Illinois, Eastern Division
May 27, 2014
ROMELL HANDLEY, Petitioner,v.UNITED STATES OF AMERICA, Respondent
Page 713
For United States of America, Plaintiff: Patrick C. Pope, United States Attorney's Office (NDIL), Chicago, IL.
Romell Handley, Defendant, Pro se, Greenville, IL.
Page 714
Rubén Castillo, Chief United States District Judge.
Presently before the Court are Petitioner Romell Handley's pro se motions to reconsider this Court's order denying his petition to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255, and to grant an evidentiary hearing. For the reasons set forth below, Petitioner's motion to reconsider is granted and his motion for an evidentiary hearing remains under advisement.
The relevant facts relating to Petitioner's criminal conviction are set forth in a published opinion by the Seventh Circuit Court of Appeals, see United States v. Morales, 655 F.3d 608 (7th Cir. 2011), and are repeated here only as they pertain to Petitioner's current section 2255 petition.
Petitioner was one of sixteen individuals indicted by a federal grand jury on various racketeering-related charges in 2006. Petitioner and his codefendants were members of the Aurora Deuces, the Aurora, Illinois chapter of the Insane Deuce Nation street gang. Petitioner was the third-ranking member (the " Enforcer" ) of the Deuces' most junior members (the " Shorties" ), and was thus responsible for assigning missions to Shorties, ensuring compliance with the Deuces' rules, and punishing Shorties who broke the rules. Petitioner was indicted on a charge of racketeering conspiracy (Count One) in violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq. In an effort not to overwhelm the jury, and due to the logistical challenge of trying so many defendants in a single courtroom, this Court severed the case into two trials. Petitioner was grouped with the " less major players" and tried before Judge Leinenweber.
Petitioner was represented by Beau Brindley before and at trial, at sentencing, and on appeal. Petitioner contends that the government offered him a plea agreement prior to the trial. (R. 8, Mot. Reconsider at 3.) The draft plea agreement, which he attached to his petition would have required Petitioner to plead guilty to one count of possessing a firearm pursuant to 18 U.S.C. § 924(c) and one count of conspiring to commit murder in aid of racketeering pursuant to 18 U.S.C. § 1959(a)(5). (R. 4, Ex. A, Plea Offer ¶ 2.) Petitioner contends that under the plea offer, he would have faced a maximum penalty of 15 years and a mandatory minimum of five years. (R. 8, Mot. Reconsider at 5-7.)
Petitioner's characterization of the sentence he would receive under the plea offer is belied by the draft plea agreement he attached to his Petition. (R. 4, Ex. A, Plea Offer.) Under the heading " Maximum Statutory Penalties," the draft plea agreement states: " Count One carries a maximum sentence of life imprisonment and a mandatory minimum sentence of 5 years' imprisonment, which must be served consecutively to any other term of imprisonment
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imposed by the Court." ( Id. ¶ 7(a).) It later reiterates: " Therefore, under the counts to which defendant HANDLEY is pleading guilty, the total maximum sentence is life imprisonment." ( Id. ¶ 7(d).) If anything, the plea offer seems to suggest that Petitioner would receive a minimum of 15 years: it estimates Petitioner's Sentencing Guidelines Range for Count Two to be 121 to 151 months, but notes that the statutory maximum was ten years, and thus " HANDLEY's effective guideline sentence for Count Two is 120 months' imprisonment. In addition, [Count One of the plea offer] carries a mandatory consecutive minimum sentence of 5 years' imprisonment." ( Id. ¶ 9(d).) The Guidelines Range for Count One was 5 years, and thus the total Guidelines-recommended sentence under the plea offer was 15 years. ( Id. ¶ 9(b).)
Despite his mischaracterization of the maximum sentence he could receive under the proposed plea agreement, Petitioner contends that he would have accepted this " sweetheart of a deal" if Brindley had not advised him to reject the plea offer because accepting it would allow the government to convict him of crimes that were not included by the indictment, of which there was no evidence, and would thus allow the government to sentence him beyond the maximum sentence he would receive if convicted at trial. (R. 8, Mot. Reconsider at 5-6.) Petitioner contends that Brindley advised him that the statutory maximum sentence he faced if convicted at trial was ten years of imprisonment and his likely Guidelines range was 70 to 87 months. ( Id. at 3.)
On December 10, 2008, after a three-month trial, a jury found Petitioner guilty of racketeering conspiracy pursuant to 18 U.S.C. § 1962(d), which carries a statutory maximum sentence of twenty years. The district court agreed with the calculations in the pre-sentencing report determining that Petitioner's total offense level was 43, which results in a Guidelines-recommended sentence of life, in excess of the statutory maximum. On October 15, 2009, Petitioner was sentenced to a 20-year term of imprisonment and three years of supervised release.
Petitioner filed his notice of appeal, challenging both his conviction and his sentence, on October 26, 2009. The Seventh Circuit affirmed both on August 18, 2011.[1] Morales, 655 F.3d at 644-47. The Seventh Circuit held, as relevant to Petitioner, that (1) the district court's failure to state its reasons on the record for granting the government's motion for an anonymous jury empanelment was harmless error; (2) the district court did not abuse its discretion in declining to further sever the proceedings; (3) the district court did not abuse its discretion when it denied the defendants' motion for a hearing based on alleged juror misconduct; and (4) the district court did not err in sentencing Petitioner.
Petitioner timely filed his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 in this Court on June 25, 2012, claiming that he received ineffective assistance of counsel. (R. 1, Pet'n.) This Court denied his habeas petition on July 13, 2012. (R. 5, Min. Entry.) Petitioner now moves the Court to reconsider its denial of his petition pursuant to Federal Rule of Civil Procedure 59(e), (R. 8, Mot. Reconsider), and to hold an evidentiary hearing pursuant to 28 U.S.C. § 2255(b), (R. 7, Mot. Hearing).
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Rule 59(e) " enables a district court to correct its own errors, sparing the parties and the appellate courts the burden of unnecessary appellate proceedings." Russell v. Delco Remy Div. of Gen. Motors Corp., 51 F.3d 746, 749 (7th Cir. 1995). Section 2255 allows an incarcerated prisoner to request his sentence be vacated on " the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack." 28 U.S.C. § 2255. " [R]elief under 28 U.S.C. § 2255 is limited to an error of law that is jurisdictional, constitutional, or constitutes a fundamental defect which inherently results in a complete miscarriage of justice." Bischel v. United States, 32 F.3d 259, 263 (7th Cir. 1994) (quoting Borre v. United States, 940 F.2d 215, 217 (7th Cir. 1991) (internal quotation marks omitted)). An evidentiary hearing is required " [u]nless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief." 28 U.S.C. § 2255(b).
Petitioner argues that the Court erred by denying his ineffective assistance of counsel claim without making findings or applying the standard set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). (R. 8, Mot. Reconsider at 4.) Petitioner contends that the Court's reliance on the pretrial and trial record fails to apply the standards of review set forth in Missouri v. Frye, 132 S.Ct. 1399, 182 L.Ed.2d 379 (2012), and Lafler v. Cooper, 132 S.Ct. 1376, 182 L.Ed.2d 398 (2012). ( Id. at 5.) Petitioner argues that he received ineffective assistance of counsel because Brindley's " unreasonable affirmative advi[ce]" during plea negotiations resulted in prejudice to Petitioner. ( Id. ) Petitioner contends that Brindley's erroneous advice as to the statutory maximum sentence Petitioner faced under the indictment, and his likely actual sentence, was the only reason he rejected the plea agreement the government offered. ( Id. at 5-7.) Despite Petitioner's mischaracterization of the plea offer, his allegation that Brindley advised him that ten years was the maximum sentence he could receive at trial requires further consideration.
The Sixth Amendment of the Constitution guarantees criminal defendants the right to effective assistance of counsel, " a right that extends to the plea-bargaining process." Lafler, 132 S.Ct. at 1384. To establish ineffective assistance of counsel, Petitioner must show that his counsel was deficient and that this deficiency prejudiced him. Strickland, 466 U.S. at 687; see also Frye, 132 S.Ct. at 1405 (" Hill [ v. Lockhart, 474 U.S. 52, 57, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985),] established that claims of ineffective assistance of counsel in the plea bargain context are governed by the two-part test set forth in Strickland." ). Petitioner must establish both elements to succeed on his ineffective assistance claim. Gant v. United States, 627 F.3d 677, 682 (7th Cir. 2010) (citing Eddmonds v. Peters, 93 F.3d 1307, 1313 (7th Cir. 1996)).
I. Whether counsel's performance was deficient
To establish the deficient performance prong of the Strickland analysis, Petitioner must overcome " a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance." Strickland, 466 U.S. at 689. This is a high bar,
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and the Court will not " question the objectively reasonable strategic decisions of counsel." Harris v. Reed, 894 F.2d 871, 877 (7th Cir. 1990) (citing Strickland, 466 U.S. at 690); see also Harrington v. Richter, 562 U.S. 86, 131 S.Ct. 770, 787, 178 L.Ed.2d 624 (2011) (" The challenger's burden is to show 'that counsel made errors so serious that counsel was not functioning as the 'counsel' guaranteed the defendant by the Sixth Amendment.'" (quoting Strickland, 466 U.S. at 687)). In the context of advice concerning a plea agreement, " [a] reasonably competent attorney will attempt to learn all of the facts of the case, make an estimate of the likely sentence, and communicate the result of that analysis." Julian v. Bartley, 495 F.3d 487, 495 (7th Cir. 2007). Although " a mistaken prediction is not enough in itself to show deficient performance, . . . [a] gross mischaracterization of the sentencing consequences of a plea may provide a strong indication of deficient performance." United States v. Barnes, 83 F.3d 934, 940 (7th Cir. 1996). A petitioner " can prove that his attorney's performance was deficient if he shows that his attorney did not make a good-faith effort to discover the facts relevant to his sentencing, to analyze those facts in terms of the applicable legal principles and to discuss that analysis with him." Id.; see also Julian, 495 F.3d at 496.
In Missouri v. Frye, the Supreme Court acknowledged the difficulty in determining whether a defense counsel's performance in the plea negotiation process is sufficient. 132 S.Ct. at 1408. Although there is no exhaustive list of defense counsel's obligations, " [p]revailing norms of practice as reflected in American Bar Association standards and the like . . . are guides to determining what is reasonable." Strickland, 466 U.S. at 688. The ABA standards state that " [d]efense counsel should not recommend to a defendant acceptance of a plea unless appropriate investigation and study of the case has been completed." ABA Standards for Criminal Justice Pleas of Guilty, Standard 14-3.2(b) (3d Ed. 1999). " [T]he Standard contemplates that any plea offer will be assessed not only based on the maximum possible punishment in the event of a guilty plea, but also by comparison to the probable sentence the judge would impose after trial." ABA Standards for Criminal Justice Pleas of Guilty, Commentary on Standard 14-3.2(b), p. 122. " Defense counsel cannot predict many of these matters with certainty, but the defendant is nonetheless entitled to counsel's best professional judgment," and " counsel must avoid overconfident assurances to clients." Id. While a miscalculation of the applicable Sentencing Guidelines range is not typically deficient performance, a failure to effectively analyze applicable law and its effect on a defendant's potential sentence does constitute deficient performance. See, e.g., Welch v. United States, 604 F.3d 408, 412 (7th Cir. 2010) (defense counsel's determination that defendant did not qualify for the Armed Career Criminal Act sentencing enhancement resulted in a miscalculation of a statutory minimum sentence and was therefore deficient performance); Julian, 495 F.3d at 495, 497 (defense counsel's performance was constitutionally ineffective when he failed to analyze relevant caselaw and when his advice regarding the maximum sentence the defendant faced " was clearly wrong and therefore objectively unreasonable" ); Moore v. Bryant, 348 F.3d 238, 242 (7th Cir. 2003) (" Where erroneous advice is provided regarding the sentence likely to be served if the defendant chooses to proceed to trial, and that erroneous advice stems from the failure to review the statute or caselaw that the attorney knew to be relevant, the attorney has failed to
Page 718
engage in the type of good-faith analysis of the relevant facts and applicable legal principles, and therefore the deficient performance prong is met." ).
Here, Brindley's alleged erroneous advice appears to have been based on a failure to understand the statutory law implicated by the indictment rather than on a miscalculation of the Sentencing Guidelines. Petitioner contends that Brindley advised him that he faced a statutory maximum of 120 months under the conspiracy charged in the indictment. (R. 8, Mot. Reconsider at 7.) The second superseding indictment, however, charged Petitioner with racketeering conspiracy in violation of 18 U.S.C. § 1962(d). The statutory maximum penalty for a violation of section 1962 is 20 years (unless " the violation is based on a racketeering activity for which the maximum penalty includes life imprisonment," in which case the maximum sentence is life). 18 U.S.C. § 1963(a). Although the Court is strongly deferential to lawyers' strategic decisions, Koons v. United States, 639 F.3d 348, 351 (7th Cir. 2011), defense counsel are required to research the sentencing law that applies to their client and advise appropriately, see Julian, 495 F.3d at 495. Accordingly, Brindley's failure to accurately advise Petitioner as to the maximum sentence he faced if convicted at trial, if true, may provide a basis for Petitioner's ineffective assistance of counsel claim. Petitioner's allegations in his motion and his supporting affidavit are not sufficient to establish that Brindley's performance was constitutionally defective, but neither can this Court say that " the files and records of the case conclusively show that the prisoner is entitled to no relief." See 28 U.S.C. § 2255. An evidentiary hearing may therefore be necessary to determine whether Petitioner has met the deficient performance prong of his ineffective assistance claim. In order for Petitioner's motion to go forward, however, he must also establish that he was prejudiced. See Gant, 627 F.3d at 682.
II. Whether Petitioner was prejudiced
Petitioner argues that Brindley's alleged failure to correctly advise him during plea negotiations deprived him " of his right to intelligently consider the offered plea deal" and induced him to decline the favorable plea offer and proceed to trial, " where he was convicted and sentenced to a much more severe term [of] imprisonment than he would have received under the plea offer." (R. 8, Mot. Reconsider at 7.)
" To show prejudice from ineffective assistance of counsel where a plea offer has lapsed or been rejected because of counsel's deficient performance, defendants must demonstrate a reasonable probability they would have accepted the earlier plea offer had they been afforded effective assistance of counsel." Frye, 132 S.Ct. at 1409. " Defendants must also demonstrate a reasonable probability the plea would have been entered without the prosecution canceling it or the trial court refusing to accept it." Id. Finally, the defendant must demonstrate that acceptance of the plea offer would have resulted in a less severe sentence than was in fact imposed. Lafler, 132 S.Ct. at 1385.
First, Petitioner attests that if his counsel had accurately advised him of the statutory maximum he faced under the indictment, he would have accepted the plea offer rather than gone to trial. (R. 9, Pet'r's Aff. ¶ 12.) " Knowledge of the comparative sentence exposure between standing trial and accepting a plea offer will often be crucial to the decision whether to plead guilty." United States v. Day, 969 F.2d 39, 43 (3d Cir. 1992). The type of legally erroneous advice Petitioner alleges he received from Brindley is " precisely the
Page 719
type of information that is likely to impact a plea decision" and that the Seventh Circuit has found to be prejudicial. Moore, 348 F.3d at 242-43 (finding prejudice where defendant was eligible for 12-and-a-half to 15 years of incarceration if he lost at trial but accepted a plea bargain agreeing to serve 10 years after defense counsel told him he would receive 22 to 27 years if he lost at trial); see also Julian, 495 F.3d at 498-99 (finding prejudice where defendant was eligible for a 60-year sentence and received a 40-year sentence after he rejected a 23-year plea agreement and went to trial based on counsel's advice that the maximum sentence he could receive was 30 years of incarceration); United States v. Herrera, 412 F.3d 577, 579 (5th Cir. 2005) (reversing the district court's denial of the habeas petition and remanding for an evidentiary hearing when counsel advised petitioner, who faced a sentencing range of 78 to 97 months at trial, that he should reject a plea offer that would subject him to a 48-month maximum sentence because he only faced a 51-month maximum sentence at trial); United States v. Gordon, 156 F.3d 376, 380 (2d Cir. 1998) (defense counsel provided ineffective assistance when the defendant rejected a plea offer based on counsel's " gross[ ] underestimat[ion]" of his sentencing exposure: defense counsel advised that defendant faced a maximum of 120 months when his Guidelines range was actually 210 to 262 months). Although a " mere allegation by [Petitioner] that he would have insisted on going to trial is insufficient to establish prejudice," such a statement can support a finding of prejudice in combination with objective evidence such as a history of the plea discussions and testimonial evidence. Julian, 495 F.3d at 499 (quoting United States v. Fudge, 325 F.3d 910, 924 (7th Cir. 2003)).
Petitioner " must also demonstrate a reasonable probability the plea would have been entered without the prosecution canceling it or the trial court refusing to accept it." Frye, 132 S.Ct. at 1409. Petitioner does not attach to his motion any evidence that the plea would have been accepted, but there is also nothing to indicate that the plea would not have been accepted. In fact, one of Petitioner's co-defendants accepted a plea offer, and the plea agreement was accepted by the trial court. Finally, the attached plea offer indicates a Guidelines-recommended sentence of 15 years, which is significantly less severe than the 20-year sentence Petitioner received. The Seventh Circuit requires a petitioner to present objective evidence that he was prejudiced. Hutchings v. United States, 618 F.3d 693, 697 (7th Cir. 2010) (citing United States v. Cieslowski, 410 F.3d 353, 359 (7th Cir. 2005)). Frequently, evidentiary hearings are required in order to give petitioners an opportunity to provide such objective evidence. Osagiede v. United States, 543 F.3d 399, 408 (7th Cir. 2008) (" Ineffective assistance claims often require an evidentiary hearing because they frequently allege facts that the record does not fully disclose." ). The Court finds that in this case, an evidentiary hearing may be necessary to determine the factual basis of the prejudice prong of the Strickland test.
The Court misinterpreted the specific nature of Petitioner's claim in his previous motion. Upon reconsideration, the Court finds that Petitioner has alleged facts that, if true, may entitle him to relief. The Court now concludes that an evidentiary hearing may be required to resolve both the performance and the prejudice prongs of Petitioner's ineffective assistance claim. The government will be given 30 days from the date of this decision to respond in writing to Petitioner's allegations. This response may include an affidavit from Mr.
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Brindley and should address the issue of the necessity of a full evidentiary hearing.
For the foregoing reasons, Petitioner's motion to reconsider (R. 8) is GRANTED. Petitioner's motion for an evidentiary hearing (R. 7) will remain under advisement.
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1. DOMAIN NAME SERVICE Domain Name Service ("DNS") is a corner stone capability/requirement in any use of the Internet. Domain names and DNS servers are essential to the proper function of anyone who uses or provides services via the Internet. As specified by Internet RFC's 1034 and 1035, "There must be a valid Internet Domain Name attached to any network connected to the Internet." As such, Customer must have a registered Internet Domain Name before INTEGRA can host primary DNS for Customer's network, or provide secondary DNS for Customer's network.
2. ROUTING ABILITY ON THE INTERNET Customer acknowledges and recognizes that the Internet is a world-wide interconnection of privately owned networks and as such, the ability to route or transmit or receive messages, data and/or files is limited to the capabilities of the various systems and the individual policies of the network owners. INTEGRA will maintain its own network in its sole discretion, and in a fashion that will provide the necessary bandwidth to carry Customer's contracted traffic in an efficient manner. INTEGRA will filter nonaggregated routes at a level that is consistent with best engineering practices and enhances INTEGRA's network stability. While INTEGRA strives to deliver as near error free transmission and access Services as reasonably possible, it accepts no responsibility for failure of routes, connections, packet loss or router/server rejections that are beyond its control. INTEGRA, from time to time, purchases network access from other national service providers to facilitate its own deployed backbone networks. Because the information flow and network traffic changes dynamically, INTEGRA may find it necessary to rebalance its own backbone to provide efficient routing capabilities. These changes may impact the routing paths that a Customer's information uses to enter or exit INTEGRA's network. For these reasons, INTEGRA does not guarantee specific network entrance or exit points.
3. DEMONSTRATION OF A WORKING CONNECTION INTEGRA will use the following methods to demonstrate that its Internet data network is functioning between INTEGRA equipment and Customer's equipment, as specified. These methods will determine whether INTEGRA has met its obligations to provide a working interconnection with INTEGRA's routing equipment:
(a) Internet Access Services.
(i) If Customer has no terminating equipment installed at Customer's end of the circuit, Customer or INTEGRA will provide an electrical loopback at the furthest reasonable point. INTEGRA will transmit a properly framed signal to the loopback and will monitor the returned data for proper timing and framing. This demonstrates a functioning circuit.
(ii) If Customer installs a CSU/DSU, INTEGRA will send a loopup command to the CSU/DSU and will perform the same tests as in 6(a)(i)
above, provided the CSU/DSU responds to the loopup command.
(iii) If Customer has a working router attached to the CSU/DSU, INTEGRA will perform the tests in 6(a)(ii), and INTEGRA will send data grams to the router and watch for them to be echoed back without errors. If the physical link tests good and the datagrams return without error, then INTEGRA has met its obligation for connectivity between Customers location and INTEGRA's terminating equipment.
4. DEMONSTRATION OF ROUTING IN INTEGRA'S AUTONOMOUS SYSTEM INTEGRA requires that Customer uses static routing protocol according to the specifications contained in RFC1812. BGP4 routing protocol may be used if approved by INTEGRA's Data Engineering department in writing prior to implementation and use of the BGP4 protocol. If BGP4 is approved, Customer will be allowed to transit Customer's approved autonomous system number across INTEGRA's network. Requests to transit any additional autonomous system numbers across INTEGRA's network may be approved on a case-by-case basis and for a fee to be determined at the time of request. INTEGRA will broadcast its BGP4 information to its network neighbors according to specifications contained in RFC1267. Customer may request that INTEGRA respond to route failures. If the failure is caused by Customer's network, this Customer will be charged time and materials at INTEGRA's prevailing rates.
(a) Customer shall, at Customer's expense, undertake all necessary preparation required to comply with INTEGRA's installation and maintenance instructions. Customer is responsible for obtaining IP addresses prior to order completion. IP addresses may be obtained either from the ARIN at ARIN.net directly or via INTEGRA. Clients must either complete the appropriate ARIN template located at the Internet address http://www.arin.net/library/templates/net-isp.txt for ISP's, http://www.arin.net/library/templates/net-end-user.txt for other users, or follow the instructions located on the Internet at http://www.integratelecom.com/ip. All IP address space allocated or assigned by INTEGRA is non-portable. Renumbering IP networks is considered a part of normal network management activities. All costs associated with all such renumbering activities, whether voluntary or involuntary, are solely the responsibility of Customer. Customer's failure to obtain IP addresses prior to the installation and testing of Services does not release Customer from it's obligation to accept such Services. In addition, if INTEGRA supplies routers or other equipment to Customer as part of INTEGRA Services ("Equipment"), Customer shall be responsible for the costs of relocation of such Equipment once installed by INTEGRA, and shall provide to INTEGRA and suppliers of communications lines reasonable access to Customer's premises to maintain such Equipment or to perform any acts required by this Agreement.
(b) Customer shall maintain a deliverable hostmaster@[Customer's Internet Domain Name] mailbox, and agrees to actively review said mailbox on a regular basis.
(c) Customer shall maintain a deliverable postmaster@[Customer's Internet Domain Name] mailbox, and agrees to actively review said mailbox on a regular basis.
(d) Customer shall maintain a deliverable abuse@[Customer's Internet Domain Name] mailbox and to review and respond to messages received no less frequently than once per business day.
(e) Customer understands further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to some people. Customer and End users and authorized users access such materials at their own risk. INTEGRA has no control over and accepts no responsibility whatsoever for such materials.
(f) Neither INTEGRA nor its affiliates warrants that the Service will be uninterrupted or error free or that any information, software or other material accessible on the Service is free of viruses, worms, Trojan horses or other harmful components.
(g) INTEGRA has no obligation to monitor the Service. However, Customer agrees that INTEGRA has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. As provided above, INTEGRA will monitor the transmission of the Service. However, INTEGRA will not monitor the content of any of the Service, including, but not limited to, any private electronic-mail messages. INTEGRA reserves the right to refuse to post or to remove any information or materials, in whole or in part, that are in violation of this Agreement.
(h) INTEGRA does not guarantee sequential delivery of datagrams. Packet loss and latency are inherent in IP design. INTEGRA will use reasonable efforts to maintain delivery of streaming media through User Datagram Protocol ("UDP").


text:
$135,000 3 bed 309 N Merrill Avenue, Willows CA, 95988
Previously Listed Home For Sale: $135,000 3 bed, 2 bath
1,520 sq ft
Commute to Downtown Chico
Nearby parks include Memorial Park, Sycamore Park and Ajax Field.
309 N Merrill Avenue has a Walk Score of 72 out of 100. This location is Very Walkable so most errands can be accomplished on foot.
Renovated restrooms and kitchen, addition completed in 2007, 3 room two bathrooms house, tile floors, overhead fans and huge yard. Near to school. Info.
Property Class: Residential.
Type: one House on Lot.
Noting Status: Active Short Sale.
City: Willows.
Location: Willows 380.
County: Glenn.
State: CA.
Beds: 3.00.
Baths(F/H): two / 0.
Living space (SqFt): 1520 square feet
- Brief Sale: Yes.
- Approximately Lot Size: 0.17 acres.
Stories: 1 Level.
Garage Spaces: 1.
REAL ESTATE OWNED/Bank Owned: No
- Year constructed : 1955.
Detailing #: 201403216.
School District: Glen.
List Date: 10/1/2014.
Class: Single Family.
Home Subtype: one House on Lot.
Approximately Lot Size: 0.170.
Stories: 1.
REAL ESTATE OWNED/Bank Owned: No
Air: Central.
Exterior: Siding Lap.
Foundation: Concrete Slab.
Kitchen Appliances: Range Gas F/S.
Landscape: Fenced Back. Roofing Description: Comp Shingle.
Sewage system: Public Sewer.
Utilities: 220 Volts.
Baths Other: Remodeled/Renovated, Bathtub w/Shower Over.
A location in Willows
Most errands can be accomplished on foot.
About your score
Explore how far you can travel by car, bus, bike and foot from 309 N Merrill Avenue.


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United States District Court, Tenth Circuit
January 27, 2014
MICHAEL MONROE, Plaintiff,v.CITY OF LAWRENCE, KANSAS and TARIK KHATIB, Defendants.
Plaintiff Michael Monroe brings suit against Defendant City of Lawrence, Kansas and Defendant Tarik Khatib, Chief of Police for the Lawrence Police Department. Plaintiff asserts three claims: (1) denial of his liberty interest without due process pursuant to 42 U.S.C. § 1983 against the City of Lawrence, (2) race discrimination under Title VII, 42 U.S.C. § 2000e et seq. against the City of Lawrence, and (3) race discrimination under 42 U.S.C. §§ 1981 and 1983 against the City of Lawrence and Chief Khatib. Defendants seek dismissal of Count I against the City of Lawrence and Count III against Chief Khatib. The Court largely denies the motion but grants it in small part.
I. Factual and Procedural Background[1]
Plaintiff Michael Monroe is an African-American and resides in Lawrence, Kansas. Defendant City of Lawrence ("City") is a home-rule municipal corporation. Defendant Tarik Khatib ("Chief Khatib") is the Chief of Police for the Lawrence Police Department ("LPD").
Monroe was employed by the City in the LPD from 1991 until his ultimate termination on July 23, 2012. When Monroe began with the LPD, he was a patrol officer. In 2011, Monroe worked as a Sergeant in the Investigations Division, the position from which he was terminated.
2010 Investigation
In or about the spring of 2010, after the KU cash-for-tickets scandal was reported in the news, an LPD employee informed then Captain Khatib about an arrangement between a Caucasian LPD sergeant ("MS") and a member of the Kansas University Athletic Department ("RJ"). Captain Khatib and Captain Zarnowiec spoke with MS and asked whether MS received free athletic event tickets from RJ "in exchange for taking care of traffic tickets." MS admitted to Captain Khatib that he had taken care of a few traffic tickets for RJ and admitted that he had received tickets from RJ. MS, however, denied that he had received athletic tickets in exchange for taking care of the traffic tickets. Captains Khatib and Zarnowiec did not interview other witnesses regarding the complaint, and the LPD closed its investigation into the matter. The LPD allegedly did not discipline MS as a result of this spring 2010 complaint and investigation. On or about July 29, 2010, the City received an anonymous letter alleging that "quid pro quos" existed between RJ and LPD officers, and specifically mentioned MS as one of the officers. The LPD allegedly did not revisit the issue with MS after this letter.
2011-2012 Investigation and Monroe's Termination
Sometime after Khatib became the Chief of Police in February 2011, the City again received an anonymous letter alleging that RJ received favors from officers of the LPD, specifically referencing MS. In May 2011, Chief Khatib contacted the LPD's Office of Professional Accountability regarding the anonymous letter. The LPD conducted an investigation based on this letter ("the 2011-12 investigation").
As part of the 2011-12 investigation, Captains Zarnowiec and Ward interviewed several civilians and LPD officers, including Monroe. Captains Zarnowiec and Ward interviewed Monroe on January 11 and 18, 2012, regarding the allegations in the second anonymous letter. During the interviews, Monroe stated that several years before the interviews (and before the investigation of the spring 2010 complaint), and at the request of MS, he dismissed two to three traffic tickets RJ had received. Monroe stated that he dismissed the tickets because RJ was a friend of MS. Monroe denied that he dismissed tickets in exchange for KU athletic event tickets. Monroe also stated during the interviews that he had received tickets to KU sporting events, but he paid for all of those tickets with the exception of tickets that he had received from a third party for one weekend at the Big 12 tournament. As a result of the 2011-12 investigation, the City offered MS the opportunity to resign his position with the LPD in lieu of termination. Monroe was not offered such a choice.
On or about February 6, 2012, Captain Mike Pattrick informed Monroe that he was being placed on administrative leave as a result of the 2011-12 investigation. On or about February 13, 2012, Chief Khatib met with Monroe and informed him that he would be demoted from Sergeant to officer assigned to the Patrol Division, effective February 26, 2012 as a result of the 2011-12 investigation. Chief Khatib provided Monroe with a letter, dated February 13, 2012, confirming his decision to demote Monroe.
On or about February 15, 2012, Chief Khatib received Monroe's written objection to the demotion decision. On February 21, 2012, Monroe was re-interviewed by Captains Zarnowiec and Ward as part of the ongoing 2011-12 investigation. On March 7, 2012, Chief Khatib met with Monroe and informed him that, instead of a demotion, Monroe's employment with the LPD would be terminated, effective March 22, 2012.
Chief Khatib also sent a letter to Monroe on March 7, 2012 and "invited" Monroe to attend a meeting on March 21 in which Monroe could "present information in support of the reasons why you should not be discharged as an employee of the City of Lawrence." A second March 7 letter provided that if Monroe was "dissatisfied with, or take exception to, any discipline imposed upon you, " he could "exercise the rights afforded to you by the City grievance policy." Monroe contends that the language in these two letters demonstrates that Chief Khatib had already decided to terminate Monroe's employment effective March 22 without a pre-termination hearing by an impartial tribunal. On March 22, the LPD terminated Monroe's employment.
Monroe exercised his rights under the grievance process and appealed the dismissal. In steps 1 and 2, Chief Khatib upheld the decision to terminate Monroe. Step 3 of the grievance process required Monroe to appeal the termination to the Grievance Review Board ("Board"). The Board conducted the hearing from June 25 through June 29, 2012. On June 29, 2012, the Board issued the decision that it had decided to modify the discipline to demotion to the rank of police officer. The Board also stated it would "reinstate pay at the rate of top of range with applicable competencies and benefits" effective February 26, 2012.
Both Monroe and Chief Khatib appealed the Board's decision to the City Manager. On July 23, 2012, the City Manager reversed the Board and upheld Chief Khatib's decision to terminate Monroe. Pursuant to the grievance procedure, the City Manager's decision was "final and subject to no further appeal." Monroe was terminated for a second time on July 23, 2012.
Media Reports about the 2011-12 Investigation
In February 2012, an LPD captain informed Monroe that his name had been leaked to the media as an officer involved in allegedly dismissing traffic tickets in exchange for KU athletic event tickets. On February 17, 2012, the Mayor of Lawrence made a public statement stating that an LPD police officer had fixed traffic tickets in exchange for receiving free KU athletic event tickets and another police officer had knowledge of the arrangement but did nothing to stop it. In March 2012, the Lawrence Journal-World ran several articles that concluded that Monroe was one of the officers involved in the ticket investigation due to Monroe's termination from the LPD. Since Monroe's termination, Captain Ward has made a statement to other LPD officers that the LPD no longer believes that MS and RJ had any arrangement whereby MS agreed to dismiss tickets in exchange for free athletic event tickets.
The Current Lawsuit
Monroe filed suit on February 19, 2013. In Monroe's first claim, he asserts that the City of Lawrence denied him his established liberty interest without due process in violation of 42 U.S.C. § 1983.[2] He claims that the City made numerous false statements with respect to his termination from the LPD that injured his reputation or imposed a stigma that will prevent him from obtaining future employment in law enforcement. Monroe also alleges that the City denied his right to a pre-termination hearing before an impartial tribunal at a meaningful time and in a meaningful manner. Monroe next asserts a race discrimination claim under Title VII, 42 U.S.C. § 2000 et seq. against the City. Finally, Monroe's third claim involves a race discrimination claim pursuant to 42 U.S.C. §§ 1981 and 1983 against the City and Chief Khatib. He claims that Defendants terminated him because of his race and treated him differently from Caucasian employees who allegedly committed similar or more egregious activity.
Defendants move for the dismissal of Count I against the City and the dismissal of Count III against Chief Khatib.[3]
II. Legal Standard
A. Standard for Dismissal under Fed.R.Civ.P. 12(b)(6)
Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a defendant may move for dismissal of any claim for which the plaintiff has failed to state a claim upon which relief can be granted.[4] Upon such motion, the court must decide "whether the complaint contains 'enough facts to state a claim to relief that is plausible on its face.' "[5] A claim is facially plausible if the plaintiff pleads facts sufficient for the court to reasonably infer that the defendant is liable for the alleged misconduct.[6] The plausibility standard reflects the requirement in Rule 8 that pleadings provide defendants with fair notice of the nature of claims as well the grounds on which each claim rests.[7] Under 12(b)(6), the court must accept as true all factual allegations in the complaint, but need not afford such a presumption to legal conclusions.[8] Viewing the complaint in this manner, the court must decide whether the plaintiff's allegations give rise to more than speculative possibilities.[9] If the allegations in the complaint are "so general that they encompass a wide swath of conduct, much of it innocent, then the plaintiffs 'have not nudged their claims across the line from conceivable to plausible.' "[10]
III. Analysis
A. Plaintiff's First Claim—Denial of Liberty Interest without Due Process under 42 U.S.C. § 1983
Plaintiff alleges in Count I a violation of 42 U.S.C. § 1983 for the denial of his liberty interest without due process against the City. Defendants first argue that Plaintiff fails to adequately plead that a liberty interest was infringed.[11] Defendants next contend that Plaintiff fails to adequately allege that he was denied due process. The Court will first address whether Plaintiff adequately alleges a deprivation of his liberty interest.
"The liberty interest that due process protects includes the individual's freedom to earn a living."[12] There are four elements in stating a claim for deprivation of a liberty interest under 42 U.S.C. § 1983. "[F]irst, the statements must impugn the employee's good name, reputation, honor, or integrity; second, the statements must be false; third, the statements must occur in the course of terminating the employee or must foreclose other employment opportunities; and fourth, the statements must be published."[13]
Defendants argue that Plaintiff fails to state a claim because he fails to point to any specific factually inaccurate statement made by Defendants prior to Monroe's termination. Although the court agrees that "a formulaic recitation of the elements of a cause of action will not do, "[14] Plaintiff sufficiently alleges that the City made false statements regarding his involvement in the LPD's ticket-fixing investigation prior to and in connection with his termination from the LPD. Plaintiff specifically alleges that he did not dismiss traffic tickets in exchange for athletic event tickets. In addition, he alleges that Defendant City issued false statements in February and March that Plaintiff was an employee involved in fixing tickets for RJ. City officials also made statements that an LPD officer involved in fixing tickets was no longer employed with the LPD in March. Thus, the City's public statements that Monroe was involved in the ticket-fixing would allegedly be false and would be in connection to the termination of his employment.[15]
Defendants next contend that Plaintiff fails to adequately allege that he was denied due process. Instead, Defendants assert that Plaintiff's allegations demonstrate that he received constitutionally sufficient due process. "An essential principle of due process is that a deprivation of life, liberty or property be preceded by notice and opportunity for hearing appropriate to the nature of the case."[16] In general, an individual is entitled to a pre-termination hearing before an impartial tribunal.[17] "In particular, a pretermination hearing requires: (1) oral or written notice to the employee of the charges against him; (2) an explanation of the employer's evidence and (3) an opportunity for the employee to present his side of the story."[18]
Plaintiff alleges that he was denied the right to a pre-termination hearing and a post-termination hearing before an impartial tribunal. Specifically, Plaintiff alleges that he was informed by letter that his employment would be terminated effective March 22 but that he could appear before Chief Khatib on March 21 to discuss his impending termination. It is not clear from the complaint whether Plaintiff actually received the opportunity to present his side of the story before his termination became effective. It also is not clear whether he was given the opportunity to present his information to an impartial tribunal prior to the effective date of his termination.[19] Based only on the allegations in the complaint, the Court cannot affirmatively conclude that Plaintiff was given constitutionally sufficient due process. Thus, the Court concludes that Plaintiff adequately alleges a deprivation of his liberty interest without due process. Defendants' motion to dismiss on this basis is denied.
B. Plaintiff's Third Claim—Race Discrimination in Violation of 42 U.S.C. §§ 1981, 1983[20]
Defendants assert that Plaintiff fails to state a claim against Chief Khatib. First, Defendants contend that to the extent Plaintiff asserts a claim against Chief Khatib in his official capacity, his claim is in reality a claim against the City and must fail against Chief Khatib as a matter of law. A suit against a government official in his official capacity "is essentially another way of pleading an action against the county or municipality they represent."[21] "When a plaintiff names both a municipality and a municipal officer in his official capacity as defendants in an action, the suit against the officer is redundant, confusing, and unnecessary and should be dismissed."[22] Thus, the Court dismisses Plaintiff's claim against Chief Khatib in his official capacity.
Defendants next contend that Plaintiff's claim against Chief Khatib in his individual capacity fails because Chief Khatib is entitled to qualified immunity. Qualified immunity protects a government official when performing discretionary functions from civil liability as long as his conduct does not violate a clearly established constitutional or statutory right that a reasonable person would have known.[23] "In resolving a motion to dismiss based on qualified immunity, a court must consider whether the facts that a plaintiff has alleged make out a violation of a constitutional right, and whether the right at issue was clearly established at the time of defendant's alleged misconduct."[24]
Defendants argue that they have already demonstrated that Plaintiff does not allege a constitutional violation. Yet, the constitutional violation at issue with respect to this claim is not Plaintiff's alleged liberty interest.[25] Instead, it is Plaintiff's right to be free from racial discrimination. Indeed, Plaintiff states in his response that Defendants terminated him because of his race in violation of clearly established non-discrimination laws. Thus, Plaintiff alleges a race-based equal protection claim.
"In racial discrimination suits, the elements of a plaintiff's case are the same whether that case is brought under §§ 1981 or 1983 or Title VII."[26] "To make out a prima facie case of discrimination, [Plaintiff] must demonstrate (1) membership in a protected class, (2) adverse employment action, and (3) disparate treatment among similarly situated employees."[27] In this case, Plaintiff alleges that he is African-American and that Defendants terminated his employment. Specifically, Plaintiff alleges that Chief Khatib made the initial decision to terminate his employment. Plaintiff alleges that similarly situated Caucasian employees were treated differently for similar, or more egregious, behavior. Plaintiff also alleges that a similarly situated Caucasian employee was permitted to resign—rather than be terminated—in connection with the same investigation. Furthermore, Plaintiff contends that another similarly situated Caucasian employee allegedly was not disciplined. Thus, Plaintiff sufficiently alleges a claim for race discrimination under § 1981.
With respect to Defendant Khatib's qualified immunity defense, the constitutional right to be free from racial discrimination was clearly established at the time of Plaintiff's termination.[28] Accordingly, the Court denies Defendants' motion to dismiss Plaintiff's claim against Defendant Khatib in his individual capacity on the basis of qualified immunity.
IT IS ACCORDINGLY ORDERED this 27th day of January, 2014, that Defendants' Motion to Dismiss Counts I and III of Plaintiff s Complaint (Doc. 23) is hereby DENIED IN PART AND GRANTED IN PART. It is granted only with respect to the claim against Defendant Khatib in his official capacity. It is denied in all other respects.
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