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argued: November 3, 1986.
FREDERICK GIBSON, C-535, APPELLANTv.SALLY S. SCHEIDEMANTEL, SUPERINTENDENT OF AVENEL DIAGNOSTIC CENTER, AND IRWIN I. KIMMELMAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, AND WILLIAM H. FAUVER
On Appeal from the United States District Court for the District of New Jersey, D.C. Civil No. 85-3660.
Before: SLOVITER and STAPLETON, Circuit Judges, and GREEN , District Judge*fn*
Opinion OF THE COURT
SLOVITER , Circuit Judge.
Petitioner, Frederick Gibson, appeals from the order of the District Court for the District of New Jersey denying his petition for a writ of habeas corpus. The procedural history of the case is complex, and we set forth briefly only the portions relevant to this appeal.
Gibson, pursuant to a plea bargain, entered pleas of guilty to certain charges contained in three New Jersey state indictments arising out of three unrelated incidents. He pleaded guilty to one count each of rape, armed rape, assault with intent to rape, impairing the morals of a minor, breaking and entering with intent to carnally abuse, and assault with intent to carnally abuse, and two counts each of private lewdness and breaking and entering with intent to commit rape. Gibson was ultimately sentenced to consecutive indeterminate terms at the Diagnostic Unit, New Jersey State Prison at Rahway under the New Jersey Sex Offender Act, N.J.S.A. 2A:164-3 to 164-13 (repealed 1979), and to two consecutive terms and one concurrent term of five to seven years to be served at the New Jersey State Prison.
On Gibson's appeal from the convictions and sentences, the New Jersey Superior Court, Appellate Division, affirmed all but one of the convictions, vacated the conviction for breaking and entering with intent to carnally abuse, required the prison terms on the other two breaking and entering convictions to be served concurrently with the indeterminate term sentences, held that the private lewdness count merged for sentencing with the count charging impairing the morals of a minor and assault with intent to commit carnal abuse, and modified the length of the indeterminate terms. State v. Gibson, 150 N.J. Super. 351, 375 A.2d 1191 (App. Div. 1977). The New Jersey Supreme Court denied certification on July 12, 1977. State v. Gibson, 75 N.J. 20, 379 A.2d 251 (1977).
Gibson filed a petition for post-conviction relief seeking to withdraw his guilty pleas on the ground that he was not guilty of one of the crimes to which he pled guilty but had entered the plea on counsel's instructions. He also claimed that the consecutive sentences imposed were improper. The Law Division held that the sentencing contention had been resolved on direct appeal and interpreted Gibson's remaining claim to constitute a claim of ineffective assistance of counsel, which it denied. The New Jersey Superior Court, Appellate Division, affirmed the denial of post-conviction relief.
Gibson then filed his first petition for a writ of habeas corpus in federal court, asserting four claims. The district court denied Gibson's petition on the ground that he had failed to exhaust available state remedies both because he had not presented three of the claims in his request for post-conviction relief to any state court and because he did not appeal the Appellate Division's adverse decision to the state Supreme Court.
Gibson then filed a second state court petition for post-conviction relief, this time alleging the same four claims he had raised in his federal habeas petition. The petition was denied by the Superior Court, Law Division. Gibson's request for appointment of counsel in order to appeal the denial of post-conviction relief was denied by that court, and he did not file an appeal.
Gibson then filed his second petition for a writ of habeas corpus in federal court. Gibson asserted the same four grounds for relief he raised in his earlier petition: (1) he was subject to a suggestive lineup; (2) his two remaining convictions for breaking and entering should have been merged with his sex crime convictions; (3) he did not receive adequate Miranda warnings; and (4) ineffective assistance of counsel. He also concluded a previously unarticulated claim that counsel failed to protect his juvenile status. The district court denied the petition on the ground that Gibson had failed to exhaust his state remedies because he had not appealed the denial of his second motion for post-conviction relief and because he had never raised in a state court the ineffective assistance of counsel claim with respect to his juvenile status. Gibson appeals from the district court's order.
A state prisoner must exhaust available state remedies before filing a petition for habeas corpus in federal court. 28 U.S.C. §§ 2254(b) and (c); Rose v. Lundy, 455 U.S. 509, 515-20, 71 L. Ed. 2d 379, 102 S. Ct. 1198 (1982); Santana v. Fenton, 685 F.2d 71, 73 (3d Cir. 1982), cert. denied, 459 U.S. 1115, 74 L. Ed. 2d 968, 103 S. Ct. 750 (1983). The requirement is not a mere formality. It serves the interests of comity between the federal and state systems by allowing the state an initial opportunity to determine and correct any violations of a prisoner's federal rights. Picard v. Connor, 404 U.S. 270, 275, 30 L. Ed. 2d 438, 92 S. Ct. 509 (1971); Brown v. Cuyler, 669 F.2d 155, 157 (3d Cir. 1982). An exception is made to the exhaustion requirement only where the petitioner has no opportunity to obtain redress in the state court or where the state corrective process is so deficient as to render any effort to obtain relief futile. Duckworth v. Serrano, 454 U.S. 1, 3, 70 L. Ed. 2d 1, 102 S. Ct. 18 (1981) (per curiam). See 28 U.S.C. § 2254(b). Further, a "mixed petition" which includes both exhausted and unexhausted claims does not satisfy the exhaustion requirement. Rose v. Lundy, 455 U.S. at 522; Santana v. Fenton, 685 F.2d at 73.
We address first Gibson's claim that his counsel failed to protect his juvenile status, which the district court held was an unexhausted claim. Gibson argues that this claim is "merely an element of Petitioner's overall assertion of ineffective assistance of counsel," that it was subsumed in his overall claim, and that therefore it has been litigated in the state courts to the same extent as his earlier ineffective assistance of counsel claim.*fn1
In order to satisfy the exhaustion requirement, the claims included in a federal petition must be fairly presented to the state courts. Picard v. Connor, 404 U.S. at 275. This requires that the claim brought in federal court be the substantial equivalent of that presented to the state courts. Id. at 278 ; Santana v. Fenton, 685 F.2d at 74. Mere reliance of state and federal claims on the same constitutional provision does not render the two claims substantially equivalent. See Brown v. Cuyler, 669 F.2d 155 (3d Cir. 1982); Zicarelli v. Gray, 543 F.2d 466 (3d Cir. 1976). Both the legal theory and the facts on which a federal claim rests must have been presented to the state courts. See Picard v. Connor, 404 U.S. at 277; Brown v. Cuyler, 669 F.2d at 158-61.
The transcripts of the hearings in state court show that Gibson's ineffective assistance of counsel claim presented to the state courts asserted that counsel instructed him to plead guilty to offenses which he claims not to have committed, that he did not receive the sentences which his counsel led him to believe he would receive if he pled guilty, and that, in light of his mental capacity, the plea bargain was inadequately explained by counsel.
The New Jersey courts could not have been expected, sua sponte, to consider Gibson's ineffective assistance of counsel claim to include a claim that counsel failed to protect his juvenile status, and it was therefore not fairly presented to the state courts. See Picard v. Connor, 404 U.S. at 277. Because the state courts were never given an opportunity to consider this claim, it has not been exhausted.
Gibson argues that even if his juvenile status claim has not been previously adjudicated, he is precluded from an examination of the merits of his claim in New Jersey courts because of his failure to raise the issue on either direct appeal, N.J.Ct.R. 3:22-4, or within five years of entry of his conviction, N.J.Ct.R. 3:22-12.
New Jersey Rule 3:22-4 provides that relief from its bar of grounds not raised in prior proceedings may be granted where the court finds: "(a) that the ground for relief not previously asserted could not reasonably have been raised in any prior proceeding; or (b) that enforcement of the bar would result in fundamental injustice; or (c) that denial of relief would be contrary to the Constitution of the United States or the State of New Jersey."
Gibson argues that a motion for relief under 3:22-4 would be futile, relying on several New Jersey cases. However in Santana v. Fenton, 685 F.2d at 71, we declined to hold that the New Jersey courts would not grant relief under Rule 3:22-4. Id. at 74-75 (discussing 3:22-4(c)). We stated that "at least where a fair reading of the state post-conviction relief statute indicates that a state court might well entertain . . . claims not raised in prior proceedings, and in the absence of a state court decision clearly foreclosing such a result, we cannot conclude that petitioner has demonstrated compliance with the exhaustion requirement." Id. at 75. In view of the comity interests underlying the exhaustion requirement, we likewise decline to find that the New Jersey courts would not allow relief, if warranted, in this case.
With respect to the five-year limitation imposed by New Jersey Rule 3:22-12, we note that the Rule itself provides that the time bar may be relaxed for excusable neglect. Gibson refers us to New Jersey cases where the courts did not find excusable neglect, and argues that he is foreclosed from bringing his claim in New Jersey courts. None of the cases holds that New Jersey courts will not find excusable neglect under N.J.Ct.R. 3:22-12, if warranted. Gibson has not explained in his presentation to this court the reason for his failure to raise the juvenile status claim within the requisite five years. We have no basis for assuming that the express provision for relief from the procedure time bar cannot or would not be available to Gibson.
We conclude that Gibson's claim that counsel failed to protect his juvenile status has not been presented to the New Jersey courts and that he has not demonstrated that he has exhausted available state remedies with respect to that claim. Since his inclusion of the unexhausted claim in his petition renders his claim a mixed petition, we hold that the district court did not err in dismissing the petition for a writ of habeas corpus.
Gibson has the option to resubmit his petition with only exhausted claims. Rose v. Lundy, 455 U.S. at 520. Therefore, in the interests of judicial efficiency, we address the district court's holding that Gibson failed to exhaust the other claims presented in his petition. The district court held that consideration of those claims was barred because Gibson failed to appeal the Law Division's denial of his second petition for post-conviction relief.
Although New Jersey requires that appeals from the denial of a petition for post-conviction relief must be filed within 45 days of the entry of that judgment, N.J.Ct.R. 2:4-1, and Gibson failed to do so, it is not clear that Gibson's appeal at this time would be futile, as Gibson contends. In State v. Altman, 181 N.J. Super. 539, 541, 438 A.2d 576, 577 (App. Div. 1981), the Superior Court of New Jersey, Appellate Division, held that an indigent criminal defendant would have leave to file a late notice of appeal nunc pro tunc if the defendant asked either private counsel or a public defender, within time, to file such a notice for him.
Gibson's request for reconsideration of the denial of his request for post-conviction relief was denied on June 26, 1985. In a letter to a judge of the Superior Court dated July 3, 1985, Gibson requested appointment of counsel so that he could appeal the denial of post-conviction relief. Gibson's request for appointed counsel was denied. In light of Gibson's letter to the court informing it of his intention to appeal and the denial of his request for appointed counsel to whom he might address his desire to appeal, we decline to hold that the New Jersey courts would not allow Gibson to file an untimely appeal under the precedent of State v. Altman. Gibson has made a facially tenable argument based on his "severely limited mental capacity," in that he can neither read nor write, has an I.Q. of approximately 66, and was denied counsel to appeal. We are reluctant to hold that the New Jersey Supreme Court would not consider these factors in deciding whether to accept an appeal nunc pro tunc.
Gibson argues, however, that even if he could overcome the 45-day time limitation, there is no realistic possibility that his appeal would be successful, and hence it would be futile for him to return to the state courts. He bases his futility argument with respect to the lineup and Miranda claims on the New Jersey cases holding that the court will not entertain a claim on a post-conviction petition that could have been raised but was not raised on direct appeal. See, e.g., State v. Cerbo, 78 N.J. 595, 397 A.2d 671 (1979); State v. Trantino, 60 N.J. 176, 287 A.2d 177 (1962). See also N.J.Ct.R. 3:22-4. As we noted above, we will not assume New Jersey would not grant relief in an appropriate circumstance. See supra, typescript at 7-8.
Gibson's argument of futility with respect to his other claims is based on New Jersey's refusal to consider successive post-conviction petitions which are duplicative of issues previously raised and adjudicated. N.J.Ct.R. 3:22-5; see, e.g., State v. Rosen, 110 N.J. Super. 216, 265 A.2d 152 (App. Div. 1969), aff'd per curiam, 56 N.J. 89, 265 A.2d 142 (1970).*fn2 Although Rule 3:22-5 contains no exception to its provision that a prior adjudication upon the merits is conclusive in any post-conviction proceeding, in fact the New Jersey courts have relaxed that rule where they considered the issues to be of substantial import. See State v. Clark, 65 N.J. 426, 437-38, 323 A.2d 470, 476 (1974); State v. Johns, 111 N.J. Super. 574, 576, 270 A.2d 59, 60 (App. Div. 1970), cert. denied, 60 N.J. 467, 291 A.2d 17, cert. denied, 409 U.S. 1026, 34 L. Ed. 2d 319, 93 S. Ct. 473 (1972).
In effect, Gibson is really arguing that it is so unlikely that the New Jersey courts would reach the merits of his state appeal that he has shown the requisite futility. However, if we permitted such a prediction to constitute the type of futility which would allow a federal court to excuse exhaustion, we would undermine the exhaustion doctrine. Although exhaustion is often cumbersome, and may appear to require duplicative expenditure of judicial resources on claim that frequently have no merit, the doctrine is premised on firmly entrenched principles of comity. We are not free to disregard those principles for the sake of expediency or occasional efficiency.
In sum, we find that Gibson has failed to exhaust available state remedies before bringing his federal petition. For the foregoing reasons, we will affirm the decision of the district court.
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Additional Property InformationThis single family listing located at 21691 Red Latan Way, Estero, FL offers four bedrooms and three bathrooms. The property is presently selling for $499,900.
This property is presented by Tade Bua-Bell of John R. Wood Properties based in Florida.


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On Tap for Today: Wednesday is here
Great day in the neighborhood. You are halfway to your weekend goal. Now, let's all wish actress Maya Rudolph a happy 39th birthday.
For those of you who work downtown, there are some perks available to you and you alone today. Head for Red Arrow Park if you're in the mood to sample free tortilla chips and salsa or you think you can elbow in for some sandwich samples in the Office Challenge Games. It's part of Downtown Employee Appreciation Week.
The Milwaukee Brewers and the Chicago Cubs continue their face-off at Miller Park. Game time is 7:10 p.m.
There's a face-off of another kind going on. River Rhythms hosts a Milwaukee Battle of the Bands at Pere Marquette Park. Plan to get there around 6:30 p.m.
The Yard Dogs play swamp music at Barnacle Bud's (that's two great names and a cool description in one sentence) from 6 until 9 p.m.
Thirsty much? There's a Jose Cuervo and Don Julio Tequila tasting here tonight. You might need a little background on the subject.
- On Tap Today: Summer staples, Brewfest, Harry Potter
- On Tap Today: County fairs, outdoor music and the Brewers
- On Tap Today: A river, a lake and a complicated plot
- On Tap Today: Vans Warped Tour and Halsey at the Rave
- On Tap Today: Music, tap takeovers and an adult ice cream social
- On Tap Today: A county fair, music by the river and a haunted walk
- On Tap Today: Wisconsin's first Portillo's opens
- On Tap Today: 90s, Movies, Bastille Day
- On Tap Today: Bastille Days
- On Tap Today: Art, healing and outdoor concerts


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22 Sep
Soccer 22 Sep
David Beckham did the 22 push-up challenge on top of a piano in his underwear
Beckham got very creative with this.
Beckham got very creative with this.
17 years! Posh and Becks have been together for 17 years. Forget Kim and Kanye; these two are the original celebrity power couple. And in (…)
Beckham's a big Murray fan.
Thursday marks Queen Elizabeth II's 90th birthday, and because Queen Elizabeth is, in fact, the Queen, some of her more high-profile (…)
Wow, David Beckham. You are waaaayyy more brave than I would be in this scenario. @skatelab @stevebadillo Ollie down the 8 stair and (…)
David Beckham. What a guy. He made paramedic Catherine Maynard's day on Monday when, as she was tending to her patient, he politely (…)


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*** *** ********** Amount ** Medication to **********
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Amount of Medication to Administer
- Apply the ratio and proportion technique to complete Problems 1 and 2.
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I don't make New Year's Resolutions. I don't think I ever really did, but the last decade or two would have been enough to stifle that impulse. I've just been too aware that I don't have that much control over what happens in my life.
Discuss the article on the Forums.
I feel better without my Synthroid
Discussion in 'Alternative Therapies' started by Mya Symons, Jan 8, 2012.


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Check in from 2:00 PM / Check out prior to 12:00 AM
Monteray Apartment Hotel: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Dover, Barbados.
Situated in Dover, this property is a short stroll from Graeme Hall Swamp. It is conveniently positioned for guests wanting to discover the area's attractions.
Hotel description
There are a variety of amenities on offer to guests of Monteray Apartment Hotel, including a currency exchange, room service and a games room. In fine weather, an outdoor terrace offers a nice spot to relax.
The apartments at Monteray Apartment Hotel Christ Church feature an in-room dining area, a private terrace and a refrigerator. A telephone, a sofa bed and a private bathroom are also available to guests.
With its own restaurant serving local dishes, Monteray Apartment Hotel provides guests with all they require for an enjoyable evening without having to leave the property.
Monteray Apartment Hotel Christ Church is under a 15-minute drive from Grantley Adams International Airport and St Lawrence Gap is a short walk away. Bridgetown and Holetown are also a brief drive from the property.
Hotel features
Room Service, Restaurant, Air Conditioned, Refrigerator, Microwave, TV, En suite, Private Bathroom
Currency Exchange, Safe-Deposit Box, Shops
Private Toilet, Games Available, Souvenirs/Gift Shop
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Leslie Jordan News
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Arista Rectangular Hoop Leg Desk 1200mm Natural Oak (Pack of 1) KF74288
Out of Stock
DescriptionThe Arista hoop leg desk offers a modern take on commercial desking. With a new leg design and a stylish look this desk is ideal for home or office use. Supplied without a pedestal. Dimensions: W1200 x D800 x H730mm. Colour: Natural Oak.
More like thisCategory: Desks and Tables» Category: Furniture» brand: Arista»
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Product Details
- barcode: 5030037742883
- colour description: Oak
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United States District Court, E.D. California
December 31, 2014
TRACY LEE DOTSON, Plaintiff,v.DOCTOR, Defendant.
SHEILA K. OBERTO, Magistrate Judge.
I. Background
Plaintiff Tracy Lee Dotson, a state prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 on November 27, 2013. On May 28, 2014, the Court denied Plaintiff's motion for the appointment of counsel and dismissed his complaint, with leave to amend, for failure to state a claim. Plaintiff filed an amended complaint on June 4, 2014. For the reasons which follow, the Court recommends dismissal of this action for failure to state a claim upon which relief may be granted under section 1983.
II. Screening Requirement and Standard
The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious, " that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that... the action or appeal... fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).
A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief...." Fed.R.Civ.P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice, " Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955 (2007)), and courts "are not required to indulge unwarranted inferences, " Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted). While factual allegations are accepted as true, legal conclusions are not. Iqbal, 556 U.S. at 678.
Under section 1983, Plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights. Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). This requires the presentation of factual allegations sufficient to state a plausible claim for relief. Iqbal, 556 U.S. at 678-79; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). Prisoners proceeding pro se in civil rights actions are entitled to have their pleadings liberally construed and to have any doubt resolved in their favor, Blaisdell v. Frappiea, 729 F.3d 1237, 1241 (9th Cir. 2013); Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (citations omitted), but nevertheless, the mere possibility of misconduct falls short of meeting the plausibility standard, Iqbal, 556 U.S. at 678; Moss, 572 F.3d at 969.
III. Discussion
A. Summary of Allegations
Plaintiff is currently incarcerated at Mule Creek State Prison in Ione, California, and at the time he filed suit, he was incarcerated at California State Prison-Corcoran. In his original complaint, Plaintiff alleged his treating physician lied, he was denied his right to program, he was in the hole, and he was denied help from his counselor and the court. In his amended complaint, Plaintiff's allegations are substantially similar: he alleges he is in the hole where he gets no programs and he is a "DDP-2" inmate who needs help. (Doc. 20, Amend. Comp.) Plaintiff alleges he was removed from the program without seeing a doctor, so he does not know who removed him; he does not read or write well and is assisted by another inmate; his family is getting him an attorney because the Court keeps denying his motion for counsel; and law library staff will not help him so he cannot state his claim. Plaintiff seeks placement back in the program, the appointment of counsel, and an investigation into why he was removed from the program without seeing a doctor.
B. Absence of Facts Supporting Claim Under Section 1983
Section 1983 provides a cause of action for the violation of Plaintiff's constitutional or other federal rights by persons acting under color of state law. Nurre v. Whitehead, 580 F.3d 1087, 1092 (9th Cir 2009); Long v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir. 2006); Jones, 297 F.3d at 934. Liability may not be imposed under a theory of respondeat superior, and there must exist some causal connection between the conduct of each named defendant and the violation at issue. Iqbal, 556 U.S. at 676-77; Lemire v. California Dep't of Corr. and Rehab., 726 F.3d 1062, 1074-75 (9th Cir. 2013); Moss v. U.S. Secret Service, 711 F.3d 941, 967-68 (9th Cir. 2013); Lacey v. Maricopa County, 693 F.3d 896, 915-16 (9th Cir. 2012) (en banc); Starr v. Baca, 652 F.3d 1202, 1205-08 (9th Cir. 2011), cert. denied, 132 S.Ct. 2101 (2012).
Plaintiff's amended complaint sets forth fewer facts than did his original complaint, and in screening the amended complaint, the Court relies by necessity on the original complaint and attached exhibits for context. In the first screening, the Court discerned that Plaintiff was suing the doctor who removed him from the prison's developmental disability program ("DPP"), but that the removal in question occurred at California State Prison-Solano ("CSP-Solano") in 2008, raising a number of issues. (Comp., court record p. 13.)
As the Court informed Plaintiff in its first screening order, venue for claims arising at CSP-Solano is not proper in this division, 28 U.S.C. § 1404(a); see Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986) (court may raise defective venue sua sponte); see also Davis v. Mason County, 927 F.2d 1473, 1479 (9th Cir. 1991) (courts have broad discretion regarding severance), and a claim arising from events which occurred in 2008 may well be barred by the statute of limitations, Cal. Civ. Proc. Code §§ 335.1, 352.1; Jones v. Blanas, 393 F.3d 918, 927 (9th Cir. 2004); Maldonado v. Harris, 370 F.3d 945, 954-55 (9th Cir. 2004). In addition, Plaintiff's disagreement with his removal from the DPP by a physician does not support a claim under section 1983 for violation of the Eighth Amendment, [1] Snow v. McDaniel, 681 F.3d 978, 987 (9th Cir. 2012), overruled in part on other grounds, Peralta v. Dillard, 744 F.3d 1076, 1082-83 (9th Cir. 2014); Wilhelm v. Rotman, 680 F.3d 1113, 1122-23 (9th Cir. 2012), and Plaintiff's exhibits suggest that his claim may be barred by the doctrine of res judicata because the claim was litigated in San Diego Superior Court.[2] (Comp., court record pp. 15-21.)
Plaintiff was provided with the opportunity to file an amended complaint clarifying the basis for his claim in this federal civil action, but he failed to do so. Rather than focusing on setting forth the facts underlying his legal claim, Plaintiff's amended complaint focuses mainly on his need for and entitlement to an attorney, and his inability to state a claim without assistance. However, Plaintiff's ability to communicate with the Court is more than adequate, as the Court is able to read and understand his amended complaint.[3] Instead, the deficiency lies Plaintiff's unwillingness to describe the basis for his legal claim.
As the Court previously informed Plaintiff, his demand for an attorney puts the cart before the horse, as he is entitled to the appointment of voluntary counsel only if exceptional circumstances exist - a determination which requires the Court to evaluate the likelihood of success on the merits and the ability of Plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). Plaintiff's disagreement with his removal from the disability program is insufficient to support a claim for relief, notwithstanding the venue, statute of limitations, and res judicata concerns identified herein.[4] Thus, Plaintiff is not likely to succeed on the merits, in addition to his adequate ability to articulate his claim.
IV. Conclusion and Recommendation
Plaintiff's amended complaint fails to state a claim upon which relief may be granted under section 1983. The Court previously provided Plaintiff with an opportunity to amend but he was unable to cure the deficiencies identified and further leave to amend is not warranted. Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012); Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000). Accordingly, it is HEREBY RECOMMENDED that:
1. Plaintiff's motion for the appointment of counsel be denied; and
2. This action be dismissed, for failure to state a claim under section 1983, without prejudice but without further leave to amend in this action.
These Findings and Recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) days after being served with these Findings and Recommendations, Plaintiff may file written objections with the Court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, __ F.3d __, __, No. 11-17911, 2014 WL 6435497, at *3 (9th Cir. Nov. 18, 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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BRISTOL — The Mount Abraham Union High School girls' basketball team on Tuesday bolted to a 14-3 lead on the way to a 37-29 victory over visiting Colchester.
The Eagles remained unbeaten against Lake Division opponents at 9-0, won their fourth straight game and eighth in nine outings, and improved to 10-5 overall. Unofficially, Tuesday's win moved Mount Abe at least temporarily into third place in Division II heading into a Friday game at Middlebury.
Against the 4-10 Lakers, Emma Carter (16 points) and Jen Gordon (nine) led the Eagle offense.
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BRUNSWICK, Maine — The Middlebury College women's hockey team won two key NESCAC road games this past weekend before returning home on Tuesday to prevail in a non-league contest.
The 11-2-3 Panthers (7-1-2 NESCAC) are ranked No. 4 in the NCAA Division III poll and will host league foe Hamilton this weekend, with games at 7 p.m. on Friday and 3 p.m. on Saturday.
On this past Friday, the Panthers took the first of a two-game set at Bowdoin, then ranked No. 10, 4-2.
Boys' Basketball
1/27 St. Albans at VUHS........................ Ppd.
1/27 OV at Woodstock........................... Ppd.
Girls' Basketball
1/27 VUHS at Milton................... Ppd. to 1/29
1/27 Mt. Abe vs. Colchester................. 37-29
NORTHFIELD — Vergennes Union High School seniors Chris Castillo and Ally Stearns each recorded third-place finishes in their specialties to highlight local athletes' efforts at Saturday's indoor track meet hosted by Norwich University.
Castillo took third in the boys' triple jump at 37 feet, 11.25 inches, while Stearns claimed third in the girls' shot put with a season's best effort of 31 feet, 1/2 inch.
STOWE — The Middlebury College ski team placed fourth at the University of Vermont Winter Carnival, the season's second carnival. The Panthers finished with 661 points, while UVM (940), Dartmouth (885) and New Hampshire (782) led the field. Alpine races were held at the Stowe Mountain Resort, while the Nordic events took place at Trapp Family Lodge. Middlebury returns to action this weekend at the St. Michael's Carnival.
MIDDLEBURY — The Middlebury College men's basketball team saw a nine-game home winning streak end with a 71-62 loss to visiting University of Maine, Fort Kent, on Saturday. The Bengals moved to 6-10, while the Panthers fell to 13-3.
Middlebury was set to return to action on Tuesday night by hosting Lyndon State, but that game was postponed. They next visit Williams on Friday at 7 p.m.
EAST MONTPELIER — The Middlebury Union High School Nordic skiing teams competed on Saturday in a 5-kilometer classic style race at U-32 against some of the state's top squads.
On what Tiger coach Chas Lyons called "a great day for skiing" on a "dynamic course with great visibility," the Tiger girls finished fifth in an eight-team field, while the boys were fifth in a five-team field, but only four points out of third place.
SARATOGA, N.Y. — The Addison Otters, who are based at the Mount Abraham pool in Bristol, with coach Peter Bicknell competed at the Thoroughbred Splash swim meet at Skidmore College in Saratoga, N.Y., on Sunday.
Katie Mayer and Allison Croke were the Otters' top finishers. Mayer, 17, won the girls' 13-and-older 100 breast stroke with a time of 1:15.93. She led a field of 57. Ten-year-old Croke earned third in the girls' 10 and under 100 freestyle race in 1:18.77.
Other Otter girl racers were:
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United States District Court, M.D. Pennsylvania
March 12, 2014
TRACY MUCKELMAN and ALLISON MUCKELMAN, Plaintiffs,v.COMPANION LIFE INSURANCE COMPANY, Defendant.
MATTHEW W. BRANN, District Judge.
On January 15, 2014, Magistrate Judge Susan E. Schwab issued a Report and Recommendation in which she advised the Court to grant in part and deny in part defendant's motion to dismiss. (ECF No. 14) (hereinafter, the "R&R"). No party filed objections, so the Court has reviewed the R&R for clear error and conformity with well-established law. See Henderson v. Carlson , 812 F.2d 874, 878 (3d Cir. 1987) (although Court is not required to review magistrate judge's report absent objections, "the better practice is for the district judge to afford some level of review to dispositive legal issues raised by the report"). The Court is persuaded that Magistrate Judge Schwab's Report and Recommendation should be adopted in its entirety.
NOW, THEREFORE, this 12th day of March, 2014, IT IS HEREBY ORDERED that the January 15, 2014 Report and Recommendation (ECF No. 14) is ADOPTED; defendant's motion to dismiss (May 13, 2013, ECF No. 8) is GRANTED IN PART AND DENIED IN PART in conformity with the R&R; and the case is REMANDED to Magistrate Judge Schwab.
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Rajat Kapoor is an Indian actor, writer and director born in 1961. Kapoor was born in Delhi, India. As a teenager he would watch films with his family and decided to become a filmmaker at the age of 14. He mainly focused on acting at first. In 1983 he joined the theatre group Chingari in Delhi, later moving to Pune to attend the Film and Television Institute of India (FTII).
We are passionate about Media and Bollywood. And we love our India and its rich and ancient culture. Welcome to our site, do contact us if you have any questions!
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Event: Premiere of the Hollywood film SHERLOCK HOLMES at Cinemax, Versova, Mumbai.
Guest List: Mink Singh, Shruti Seth, Narayani Shastri, Siddharth Kannan, Kiran Janjani, Manasi Scott, Vishal Malhotra, Aman Verma, Rajesh Khattar, Vandana Sajnani, Divya Palat, Dipannita Sharma, Ruslaan Mumtaz
Venue: Cinemax, Versova, Mumbai.
Date: 06-Jan-2010
Bollywood celebss Varun Dhawan, Sonakshi Sinha, Arjun Kapoor were snapped at Ravi Chopra's house.
Sexy Bollywood actress Sonam Kapoor was snapped at the airport.
Bollywood actress Sonakshi Sinha was snapped at the airport.
Bollywood celebs Ajay Devgn, Arjun Kapoor, Farhan Akhtar, Vishal Dadlani, Shekhar Ravijani, Raj Kundra, Mahesh Bhatt, Sapna Pabbi among others were snapped at the airport.
Bollywood director Farhan Akhtar was snapped at Shankar Mahadevan's studio.


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|Page (1) of 1 - 11/03/11
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Upturn Solutions Delivers Mobile CMMS SoftwareSprocket 3.5 Mobile Enhances Facilities Management Efficiency via Support for Smartphones and Tablets (November 03, 2011)
LAYTON, UT -- (Marketwire) -- 11/03/11 -- Upturn Solutions today announced its mobile CMMS software, Sprocket v3.5 Mobile. The new support for mobile devices further enhances the company's position as the market's leading developer of Computerized Maintenance Management Systems (CMMS), asset and work management software solutions. Sprocket v3.5 Mobile is supported on smartphones that have a web browser and access to the Internet. Supported devices include: Apple iPhone, Android smartphones, Blackberry smartphones, Apple iPad, Apple iPod touch, and Wi-Fi enabled tablets.
Sprocket CMMS is a fully unified asset/maintenance management and preventative maintenance software solution. The intuitive software easily scales to meet any facility's management needs -- whether it's a single building operation or spread across multiple campuses. Sprocket CMMS allows customers to streamline workflow into an automated process -- enabling smarter, faster, and real-time operations.
"Unlike other products on the market, Sprocket CMMS was designed with the needs of today's mobile facilities manager in mind," said Paulson Palmer, President and CEO, Upturn Solutions. "We realize productivity dramatically increases if maintenance work orders can be acted upon while the individual is still at the job location. By bringing the full functionality of Sprocket's powerful CMMS to mobile devices, we're ensuring increased productivity with faster, more cost-effective asset management and preventive maintenance processes -- regardless of location."
Sprocket CMMS offers insight into the full workflow spectrum required to fix a problem -- with work management modules effectively streamlining work order dispatching, estimating, time tracking, purchasing and inventory. All processes are conducted via user-friendly and mobile-based interfaces, allowing for more efficient maintenance scheduling and procedures. In addition, advanced routing based on work order information permits the CMMS to automatically dispatch work directly to employees, while complying specifically with a company's structure and needs.
Continued Palmer, "Whether on-site or miles away from your facility, managers demand the most up-to-date information regarding repairs, inspections, and project status. A decision-making tool like none other, Sprocket v3.5 Mobile helps customers work smarter, move faster and stay on top of their mission-critical projects in real-time."
Sprocket Mobile CMMS is currently available. For more information please contact firstname.lastname@example.com, (866) 891-4363 or visit www.sprocketcmms.com. For a Free 3.5 CMMS trial, email email@example.com. Follow Upturn Solutions on Twitter @SprocketCMMS, Facebook, and LinkedIn.
About Upturn Solutions
Upturn Solutions, Inc. (DBA Sprocket), headquartered in Layton, UT, is the developer of Sprocket CMMS software. Since 2003, Upturn Solutions delivers work and asset management software solutions that are deployed faster, at a lower cost, and with the same or better expertise than the large consulting firms. Today, Sprocket has over 90,000 registered users, processing over 9 million work orders and 12 million labor hours logged.
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Related Keywords: Mobile CMMS, Audio/Sound, Internet, IPod, Digital Media Software, Communications, WiFi, Digital Audio, Movies & Music, Web, Personal Asset Management, Smart Phone, PDA, iPods, iphone, iPad, Asset Management, browser, EMail, Social Media, Marketwire, Inc., , Apple Computer, Internet Technology, Internet, Email, Other,


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The G20, comprised of the leaders of the twenty most powerful economies in the world, met in Los Cabos, Mexico last week for a scheduled meeting to discuss global financial issues. This meeting was particularly important due to the debt crisis that is spreading across Europe, specifically the troubles in Greece, Spain and Italy that are challenging the survival of the Euro (the common currency of the seventeen-member European Union). With essentially all of the world's wealth and military power represented at the G20; with one-on-one meetings between many of the heads-of-state of these nations; with all this power in one place – surely the global financial markets were focused on the intellectual decisions and carefully worded statements that would result from this assembly of leadership? Well, maybe not! The global financial markets were focused on one mild, bearded, former academic who was holding court in Washington, D.C. Yes, the world was waiting for words from the true power, the U.S. Federal Reserve Chairman, Ben Bernanke.Continue reading on www.breitbart.com
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Barney & Clyde by Gene Weingarten, Dan Weingarten & David Clark
- February 24, 2011
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Hey, I just found these guys. They had better not be on their way out. I need to figure out a way to get them into our Montana papers.
Good Morning Doctor Toon. I hear you. I'm just a few years older so I've watched things "progress" as you have. Kinda sad in some cases. I love my computer, but miss paper copy on many levels, crossword puzzles come to mind first, but so do comics. So here I sit each morning with a computer on my lap and a BIG cup of WFDTNC in my hand. Smile, things could be much worse.
Here in Los Angeles, I have the (Torrance) Daily Breeze, the Times, Santa Monica Daily Press. Any comics in there I read in paper form. The rest, like this one, I have to read online. Like Brewster Rockit, which used to be in the Times, now I have to read it here.
The day they don't have comics in the paper will be the day I stop getting the papers completely.
And the ones in the paper have shrunk over the years too. If I ever become a billionaire, I'm offering Bill Watterson a deal, in which he can have as many pages, colors, and sizes as he wants.
I love the fact that I can read comics online that aren't available in my local paper, and that the Web has given rise to some wonderful comic writers and artists that never would have been seen a couple of decades ago.
But the downside of "you can see everything, anytime" is that it's not special anymore. I don't need to petition the paper to run "Cul de Sac"; I get it here. Scarcity added value in a way, and I miss that.
Eldo, I rather enjoy "Tina's Groove", but "the best-ever Strip by a Woman"? Really?
I know "Cathy", "Sylvia", and "For Better or For Worse" all generate strong feelings both ways (as does "C'est La Vie", I'd imagine), but I've been quite impressed with "Stone Soup" (for one thing, I think Jan Elliott can draw circles around Rina Piccolo).
Pickett slide rule? I still have mine but it isn't make by Pickett. I don't believe i ever heard of them.
Different strokes for different folks, Eldo. De gustibus non disputandum est.
To you, maybe "Stone Soup" seems "cloying", but to me, "Tina's Groove" seems "insubstantial." It's OK. It's reasonably funny, but it doesn't stick with me; I've forgotten it 10 minutes after I read it. "Stone Soup" sometimes aims for the heart rather than the funny-bone, it's true, but the issues are handled with a light touch; it doesn't appear in danger of developing into Soap Opera, the way "For Better or For Worse" did.
As for whether the drawing and the writing are separate, I disagree vehemently. Yeah, bad art is less damaging to good writing than bad writing is to good art, but comic strips are a visual medium. I'm not including "Tina" when I say this, but there are so many strips out there where it seems like the attitude is "The art only has to be good enough to get the (verbal) joke across", when in the best strips the art helps TELL the joke. (As someone who admires both Walt Kelly and Al Capp, surely you'd acknowledge how much REALLY GOOD ART adds to the total package).
By stressing that "Tina's Groove" isn't a "one-face" comic, I'm assuming you're implying that "Stone Soup" is. If that's the case, I'd again disagree. Although perhaps in "SS" the characters all look like the same species, which isn't always the case with "TG" (joke). Jan Eliot's characters also seem (to me) to be much more EXPRESSIVE, in terms of body language and such, than Rina Piccolo's. Tina herself may not look anything like Monica, or the blonde waitress, or whoever, but Tina ALWAYS looks exactly the same, Monica ALWAYS looks exactly the same, the blonde ALWAYS looks exactly the same. The characters in "Tina's Groove" are (to my eyes) well-designed, but they're stiff; they don't "live."
I'd say both Stone Soup" and "Tina's Groove" are "character driven" rather than "gag driven", but "Soup" is of course a "family" strip (as is "FB/FW"), which means it's going to have a somewhat different dynamic than a "workplace" strip like "Groove" (or, say, "Dilbert"). In the same sense, a "family" sitcom like "Roseanne" will have a different dynamic than a "workplace" sitcom like "Cheers" (to name two of my favorites in THAT medium).
It's true that I "care about" Jan Eliot's characters more than Rina Piccolo's. They may not be as immediately distinguishable in personality as Tina's gang, but their personalities are well defined (if more subtly). A line or action by Wally would not work if it were given to Phil, Val and Joan are quite different despite being sisters, but it takes some time to figure out who they are. Continued reading, and emotional involvement, are rewarded. Some strips are understandable and funny (or not) if you only see them once a month. Some strips take time to become familiar with.
Ultimately, though, I think I'd enjoy "Tina's Groove" more if it were just, well, funnier.
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Asian Salad Dressing
Asian Salad Dressing is a generic term for a salad dressing primarly made with Asian ingredients. Asian ingredients may include soy sauce, fish sauce, garlic, ginger, cilantro (coriander), sesame oil, peanut oil and chilli to name a few. The Asian Salad Dressing can either be lightly whisked together or machine blended.
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text: Rindge Selectwoman Roberta Oeser scheming to circumvent the voters. "She is on the verge of violating RSA 31:95-b. She wants new cops in town so bad, she is willing to bypass the voters and just hide it in the budget so we cannot vote on this particular issue." c/o Larry Cleveland – YouTube


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Michael Burke, age 11
Pennsylvania, United States
Proposed name: Huitzilopochtli
Justification for the name: "I think that Huitzilopochtli, the Aztec god of war and the sun, would be a good name for the asteroid. My first reason for naming the asteroid this is because Huitzilopochtli is an old god, and was there when the universe was being formed. The asteroid also is very old, being made of parts of rock when the universe was made. If we have the right technology, we can take parts of the asteroid and study it to find out more about how the universe formed. Another reason is because Huitzilopochtli is the god of war. NASA has been doing research, and has found out that in 2182, this asteroid might crash into earth, causing damage which is destructive like war. The last reason is that Huitzilopochtli is also one of the most important gods. The asteroid, even though it is very small, might hit the earth and cause damage, so it is very important."
What do you want to see next in space? "I want to see more research regarding black holes."
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Location: Genomics and Bioinformatics Research2009 Annual Report
1a. Objectives (from AD-416)
To study gene expression in cultivated sweet potato and its diploid relatives.
1b. Approach (from AD-416)
Selected tissues from sweet potato and its diploid relatives will be collected and mRNA isolated and converted to cDNA to be sequenced by 454 technology at ARS Location.
3. Progress Report
The Genomics and Bioinformatics Research Unit does not have the necessary facilities to grow plant material under different growing conditions nor does it have expertise in sweet potato physiology, whereas the scientists at Alcorn State University specialize in sweet potato. This project was developed to understand gene expression in sweet potato. mRNA was isolated from various tissues of sweet potato (I. batatas) and its two progenitor diploid species(I. tenuissima and I. trifida) grown under different conditions for eventual analysis via pyro-sequencing. Plant material of one of the progenitor diploid species of cultivated sweet potato was cultured under sterile conditions to provide DNA for construction of a Bacterial Artificial Chromosome (BAC) library. Participants met at both locations several times during the year and have held conference calls for discussions on the project.
4. Accomplishments


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Honor Bracelet
Atsuyo et Akiko ribbon bracelet in black with bell detail. Adjustable.
- Cotton, metal
- Made in USA
- Item usually ships within 24 hours
- Items ships with tracking & requires signature unless instructed otherwise
- Returns accepted within 21 days of receipt for exchange, credit or refund
- Returns only accepted on unused items, in new condition with original packaging and tags
- Credits and refunds do not include shipping costs
- Please contact Kido Store on 1300 115 436 or firstname.lastname@example.com to arrange returns


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Unique limited edition consists of seven discs and includes 111 songs and instrumentals of the great Irish woman named Enya. At the initiative of Olaf Thulemann was created this collection of albums with bonus tracks arranged in chronological order. All musical materials have been thoroughly treated in Tokyo mastering studio "Sekiguchidai Studio". We give gratitude to Mr. Ken and his assistants. These discs will give you a real pleasure with the music of mysterious Queen of New Age.
Reading Sketch Starter is a three-level reading series designed for young readers. This series helps students with a basic understanding of phonics to easily read simple passages. Reading Sketch Starter's systematically designed curriculum develops students reading abilities through the use of fundamental vocabulary and sentence patterns. In addition, the series decodable words and high frequency words help students become more confident readers. With Reading Sketch Starter, students will develop their reading comprehension skills, enhance their reading fluency, and most importantly learn to enjoy reading.
With her mind-blowing mix of heavy metal guitar prowess and bluesy, soulful vocals, Orianthi will draw some justifiably well-earned comparisons to such giants of rock guitar as Jimi Hendrix and her own idol, Carlos Santana, on her 2009 sophomore album, Believe – re-released in 2010 as Believe (II) with four different songs than the original version, including a cover of John Waite's "Missing You." That said, her style hews closer to the more finger-frenetic pyrotechnics of such '70s and '80s icons as Eddie Van Halen and Steve Vai…
Covering 50 Cent, Cat Stevens, Faith Evans, and more on steelpan drums should not sound this gimmick-less. It helps that the Bacao Rhythm & Steel Band is, first and foremost, a strong funk ensemble. The Bacao Rhythm & Steel Band is a pet project of the German instrumental group the Mighty Mocambos, a practiced collective that makes versatile deep funk. Bacao is a vehicle for bandleader and guitarist Björn Wagner's dedicated enchantment with the steelpan drum, which he and three other band members play on a new debut full-length called 55.
2006 digitally re-mastered two-fer from the legendary Savoy Brown featuring two of their most popular albums (Street Corner Talking from 1971 and Hellbound Train from '72). The line-up on these albums feature the ever-present Kim Simmonds on guitar with Dave Walker (vocals), Andy Sylvester (bass), Paul Raymond (keyboards) and Dave Bidwell (drums), all of the formerly of Chicken Shack! Standard jewel box in a slipcase with extensive liner notes.
Digitally remastered two-fer containing a pair of Chess Records albums from the Blues great: 1966's Muddy, Brass And The Blues and 1973's Can't Get No Grindin'. Muddy, Brass And The Blues was a massive undertaking in direction which a couple of years later John Mayall.
New version of the Paco de Lucía Integral, 27 CDs his complete work remastered. "Cositas Buenas", his last album, comes as a new in this new Integral. Now in a new economic format. This collection is a unique tour of the work of Paco de Lucia from 1964 to 2004. Fifteen tracks taken from the most disparate and most unknown of Paco de Lucía's works. In the first place the Extended Play of 1964, the guitar of Paco de Lucía, with four toques. The alegrías recorded for the record In Memoriam Niño Ricardo in 1972. The parts Paco recorded for the Dolores record Asa-Nisa-Masa in 1978. The three pieces he composed for the film by José Luís Borau La Sabina.


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Check Out the new Remax App
Ask About This Home
Designed and custom built for the VIEWS - Just the right time of year to see the fall foliage and the views! Come one, come all. This CONTEMPORARY HOME offers lush surroundings offering flexibility and opportunities for expansion, just in case 3,700 square feet is not quite enough. Ultimate lower level flex space with walk-out offering an in-law suite. This is the best value you will see today. Make an appointment to enjoy the views...for which the home was designed. Literally two minutes from everywhere in the middle of nowhere. Two zoned heating and cooling, all rooms having individual thermostats. There are multiple design choices that could be made with minor reno costs that would allow the new owner to re-position either the Master B.R. Note: Although measurements are deemed accurate, we encourage all interested parties to verify room configurations for their own furniture arrangements. {Check with Deb at 610.256.5655 if any issues with accessing Showtime.}


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Our newest segment, the ' Young California Five at Five' is back again. As you know, every Friday at 5 o'clock (PST) tune in to get up on 5 hot tracks that you should add to your weekend playlist. Up next we have our own "Heard You Got the Plug ASAP" DJ ASAP picking some of his favorite tracks currently in his personal rotation. Make sure you hit the jump to listen to the playlist and enjoy. Yee! Read more…
Flume, Vince Staples, Kučka, Vera Blue and Ngaiire perform Ghost Town DJs 'My Boo' for triple j's Like A Version. Press play up top and vibe out. Enjoy!
The holidays are right around the corner and Top Dawg Entertainment is ready with a brand new collection of apparel on tap for December. Modeled by none other than TDE's own Kendrick Lamar, Jay Rock, and SZA, the drop includes embroidered bombers, tees, hoodies and caps alike — all of which proudly shout out the label's Los Angeles stomping grounds alongside Rottweiler graphics. Read more…
Want a little turn up for your weekend? Far East Movement linked up with Marshmello, Chanyeol & Tinashe for "Freal Luv" a while back and a little over a month ago the trippy visual was released with it. Peep it above with Tinashe on the hook and let us know what you think.
Mass Effect: Andromeda puts you in the role of the Pathfinder; an elite soldier, explorer and guide tasked with finding humanity a new home an uncharted galaxy. From arresting visuals and thrilling combat, to epic story and characters, Mass Effect: Andromeda is truly the next generation of Action/RPG gaming. Check out the gameplay trailer above!
Three enigmatic strangers take a depressed man (Sam Worthington) on a life-changing journey after he suffers a family tragedy and questions his faith. Check out the trailer for 'The Shack' above and enjoy your weekend!
adidas is making sure that comfort is key with the latest colorway of the EQT Support ADV. This upcoming white colorway keeps things crisp and simple as it is contrasted with black and hints of grey detailing throughout. Its sock-like upper is hosted within a minimal caging system that hosts adidas's Three Stripes branding creatively on each lateral and medial side for extra lockdown while resting atop of a white sole and midsole with black detailing. This is expected to launch Saturday, December 3, for approximately $140. -HB
Audio Push is returning to their '90951' debut album to drop the official music video for a track we premiered rightfully entitled "Leftside." The HS87 squad take us to the IE to show the entire world how things work in their hometown. Peep it above!


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Playing iPod while charging
Ask iLounge offers readers the opportunity to get answers to their iPod-, iPhone-, iPad-, iTunes-, or Apple TV-related questions from a member of the iLounge editorial team. We'll answer several questions here each week, and of course, you can always get help with more immediate concerns from the iLounge Discussion Forums. Submit your questions for consideration using our Ask iLounge Submit Form. We reserve the right to edit questions for grammar, spelling, and length.
Q: Can I play my iPod and charge it at the same time. I've been advised that doing this is unsafe but I don't believe it. Can you advise me please?
- Rick
A: Absolutely. There is no reason whatsoever that you cannot both charge your iPod and listen to it at the same time, and in fact most car adapters and iPod speakers work on this very same principle—power is provided via the Dock Connector while also playing audio from the iPod. Further, it does not matter whether you are listening via the Dock Connector or headphone port.
When the iPod is connected to an external power source, it basically runs from external power and simultaneously charges the battery. When the battery is fully charged, the charging circuit shuts down and the iPod itself simply continues to run from the external power source. The only impact to listening to your iPod while charging it is that it will obviously charge more slowly since some of the power that would normally be used to charge the battery must be diverted to power the iPod itself.
The only other issue you may have is listening to your iPod while it is docked with your computer. In this case, if your iPod is connected to your computer, either because it is syncing or you have disk mode enabled, you will simply not be able to access any of the iPod functions, and therefore not be able to listen to it. Even in this case, however, as long as you are using automatic sync and not using disc mode, you can listen to your iPod once it has finished syncing.
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"Yes, about once a year, usually somewhere close like St. Louis or Oklahoma."
"Yes, California to visit family. I'm getting ready to (go) right now."
"I do take road trips … back and forth from Lawrence to Dallas … I have a bunch of friends all over the nation, going to different schools."
"As much as possible … (to) Colorado and East Coast, Cape Cod."
Chris Ogle 7 years, 6 months ago
Oh yeah.... Bright green vest and BMW motorcycle goes with me damn near all the time. Would like to go to Alaska someday..... better hurry while I still can go go go.(not much room for the hover-round on my bike)
RoeDapple 7 years, 6 months ago
Went to Eudora the other day..... ended up in St. Louis at the IHOP..... Ummmm, pancakes, ummm......
jonas_opines 7 years, 6 months ago
Took one to Austin with the new dog, who spent the first hour wagging his tail and anxiously awaiting the "park" we must be going to, and spent the next 9 hours giving me looks that clearly said: "Seriously, this had better be one Hell of a park we're going to."
All things told, we all enjoyed ourselves, but by the time we we're past Wichita on the way back it was time to be home.
Still, I'd take 10 hours in a car to Austin than 22 hours in a plane to Beijing anyday. blech.
Flap Doodle 7 years, 6 months ago
Hailstones the size of canned hams are the worst.
Music_Girl 7 years, 6 months ago
Road trips are fun....sometimes. I've taken several with college friends that were amazing. Some with the family weren't nearly as fun though. This summer I'm going out west for a wedding. Taking a couple extra days for sight seeing though so it should work out just fine.
Mary Darst 7 years, 6 months ago
R-I ...wondering the same thing??? We need to get in there and get those two girls out.. It makes me sick to think of them being ther 5 more minutes. autie ..wedding ..you can't do anthing about it so don't worry...be happy. I just need a road trip.
sgtwolverine 7 years, 6 months ago
I took one to Kansas once. It was CRAZY.
Linda Aikins 7 years, 6 months ago
I think JoCo is in for hail the size of Klondike bars. OUCH!
Road trips other than to family? Yep - once to Texas, Arkansas, Oklahoma, and home; another to Tempe for Insight bowl via OK, NM, AZ, and back including TX. It was a blast!
Flap Doodle 7 years, 6 months ago
Good one, R_I, a trifle on the obscure side, but good.
kmat 7 years, 6 months ago
Hey RI - If you would bother to check the news you would know that Gore is probably heading to Asia to try to get these girls released. He has to have clearance from the State Dept (they were in talks about this last week). Even your beloved Faux News has reported this. Considering that the US has no official relations with N. Korea and Gore can't just go walk in and negotiate, this is all being handled behind the scenes. You just love having any little reason to try to slam Gore.
jonas_opines 7 years, 6 months ago
Man, I made a really bad decision this morning when I looked at the clouds, decided to chance it, and rode my scooter to school.
MultiD: Since I'm trapped here at school, ask and you shall receive. I like what the perspective on the first one does to his already enormous ears.
jonas_opines 7 years, 6 months ago
R_I's beloved faux news.
Flap Doodle 7 years, 6 months ago
Al will have his private jet fly around & around over North Korea until the exhaust fumes block out the sun. Then, under cover of darkness, he'll release the ninjas.
passionatelibra 7 years, 6 months ago
I love road trips. I've gone from Oregon to Alaska. Fairbanks to Anchorage numerous times. Fairbanks to Washington to New Orleans to Mississippi to Oregon back to Alaska. Alaska to Canada to Haines to Washington to Kansas. Kansas to Oregon and then back to Kansas. There were many little ones in between but those were my most memorable ones.
Yep, I love road trips, I just can't afford them any more :o\
kmat 7 years, 6 months ago
Sorry, sorry - mixed up RI with some of our rightie posters.
But still, slamming Gore over this. And the info is all over the news and the web.
passionatelibra 7 years, 6 months ago
I wouldn't take one of those in the ocean, it looks like it's the perfect size to be a whales beach ball. I can see them tossing it between one another laughing because of the screams coming from the inside of it. Reminds me of a cat toy I have...
I would love to be able to drive home in a Jeep Wrangler though! My Dad would be snagging it to take to the cabin on a consistent basis.
hujiko 7 years, 6 months ago
just got back from driving through the oklahoma panhandle into new mexico and back through colorado. beautiful country no doubt
Deja Coffin 7 years, 6 months ago
I love taking road trips!! We even travel to other parts of Kansas to see their roadside attractions and landscape. I'm an off the beaten path kind of girl.
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12708 N Dale Mabry Highway, Tampa, FL 33618
Always Best Care Senior Services of Tampa host this online food drive to benefit the St. Vincent De Paul Society at St. Paul Catholic Church and for Cornerstone Kids. Visit the website to select a variety of goods to purchase for donation. Donation is available all day, every day through Dec. 13. The web address to donate to Cornerstone kids is yougivegoods.com/ABC-Hillsborough.
Price: Cost of food.
Phone: (813) 961-3023
More in this neighborhood: CarrollwoodMore dates for this event:
230 First St. SE, St. Petersburg, FL 33701
More than 170 local vendors including farmers, growers with fresh produce and gourmet and specialty foods, fresh-baked breads and treats. Also, hand-crafted items, live entertainment, flowers and plants.
Event Details:
This week features live music by the Urban Gypsies.
Phone: (727) 455-4921
More in this neighborhood: Downtown St. PetersburgMore dates for this event:
13225 101st St., Largo, FL 33773
Hand crafted holiday gifts with a baked sale and lunch.
Price: Free (items individually priced).
Phone: (727) 200-3240