text:
Give Now
Entomologists from North Carolina State University discovered we share our houses with hundreds of different arthropod species.
This feat of collective mimicry is a testament to just how clever evolution can be.
While it's something of a taboo for folks in the U.S., eating insects instead of conventional meat might not be such a bad idea.
What is that bug in your box of flour, sugar, or cake mix?
Wildfires have been happening for millions of years, but how does the environment recover from such widespread destruction? The surprising answer: beetle poop.
Most creatures run the other way when they detect a forest fire, but not beetles of the genus Melanophila, or "fire beetles/bug" or the "fire bug".
The fastest of them are so fast that they travel about 170 times their body length per second.
A wise old owl lived in an oak.The more he saw the less he spoke.The less he spoke the more he heard. Are owls really that wise? Find out on Moment of Science.
Coextinction isn't something we can afford to ignore. Learn more on this Moment of Science.
Is the strongest creature on earth a beetle? Find out on this Moment of Science.


text:
Caribbean Rice
Caribbean Rice and Beans ¼ cup canola oil (or canola) 2 garlic clove, minced ½ medium onion, diced 2 teaspoons creole spice 2 cups uncooked long grain rice 1 sprig f...
Caribbean Rice and Beans- Seasoned with garlic and onions and creole spice. Infused with bay leaves, thyme, Scotch bonnet and coconut milk. If you delight in traditional Caribbean food then you should consider making this scrumptious rice and beans. Sometimes referred to as rice and peas if made with pigeon peas or yellow peas. When making …
Caribbean rice and beans. Prep time is under 5 minutes. The easiest rice recipe of all times and delicious too. Gluten free and vegan.
Fragrant Caribbean Confetti Rice Recipe | ASpicyPerspective.com
Authentic Caribbean Rice & Peas Recipe!
No-oil vegan caribbean dinner (with recipes for Cuban Black Beans with Kale, Caribbean Rice, and Oven-baked Plantains with Coconut Dipping Sauce -- healthy girl's kitchen
Caribbean Rice and Beans - Immaculate Bites
Caribbean rice and beans. Prep time is under 5 minutes. The easiest rice recipe of all times and delicious too. Gluten free and vegan.
Creole Caribbean Rice and Beans- sub chicken broth and bouillon with Veggie broth and homemade Complete seasoning. Yum! #Vegan
A one-pot Caribbean Rice and Brown stewed chicken dish...made this tonight for dinner.... Mom gotta do what a mom's gotta do!

subset: commoncrawl


text:
Free personalized radio that
plays the music you love
Don't Let It Bring You Down
Features of This Trackacoustic rock instrumentation
acoustic rhythm piano
thru composed melodic style
minor key tonality
These are just a few of the hundreds of attributes cataloged for this track by the Music Genome Project.show more
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text:
OBD Diagnostic Center MOTO 7000TW Motorcycle Scan Tool
Produced by: OBD Diagnsotic Center
All supplier products
All supplier products
MOTO 7000TW Motorcycle Scan Tool allows the technician to diagnose, adjust, and reset key systems on all major motorcycle brands, including Honda, Harley-Davidson, BMW, Kawasaki, Yamaha, Suzuki, Ducati, and others. MOTO 7000TW Motorcycle Scan Tool is a must-have for motorcycle shops, technicians, and enthusiasts!
MOTO 7000TW Motorcycle Scan Tool covers virtually all major manufacturers' diagnostic functions. It helps the technician to diagnose problems and make repairs faster; many common procedures are written into the tool so the technician can follow them (injectors, ignition, coils, fuel pump, etc.). MOTO 7000TW allows the technician to perform factory service procedures such as re-setting the service light, encoding keys, unlocking the immobilizer and configuring the immobilizer/alarm, making injection adjustments (COTrimmer), adjusting the throttle valve position sensor(TPS), re-setting auto adaptive parameters, and making idling adjustments. The tool shows live data, displays ECUdata, reads stored faults(history) or live data(RPM,batteryvoltage, throttleangle).
All the software is included for all the Motorcycle brands in the Moto 7000TW Scan tool. Various OEM- style cable connector cables are required to connect to the different brands.
MOTO 7000TW Supported Motocycle List:
Adiva, Aprilia, Arctic Cat, Benelli, Bimota, BMW, BRP CAN-AM, Buell, Cagiva, Derbi, Ducati, Gas Gas, Gilera, Harley Davidson, Honda, Hyosung, Kawasaki, KTM, KVN Motor, Kymco, Laverda, Malaguti, Mondial, Moto Guzzi, Moto Morini, MV Agusta, Peugeot, Piaggio, Polaris, Sherco, Suzuki, Triumph, Vespa, Voxan, Yamaha
MOTO 7000TW Motocycle Scanner System Covered:
Ignition, Injection, Immobilizer/alarm, ABS, Dashboard, Body Computer, Injection Regulation, Transmission, EPT, and Service Light Reset. These systems may not be present on all brands, models, and model years of vehicles.
MOTO 7000TW Motocycle Motorcycle Scan Tool Feature:
1. Larger screen and data router built into the unit
2. Hardware supports future freeze frame, save, and print capability
3. Bike battery voltage displayed on every screen
MOTO 7000TW Motocycle Scanner Functions:
1. Read and clear fault codes
2. Make adjustments and follow factory procedures
3. Display ECU data, real time, and run diagnostic tests
4. Key programming on some bikes, such as Harley-Davidson and Honda
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filed: September 14, 1979.
COMMONWEALTH OF PENNSYLVANIA EX REL. DAVID J. SLATER, APPELLANT,v.REGINA T. SLATER, NOW BY MARRIAGE KNOWN AS REGINA T. RICHARDSON
No. 2488 Oct. Term 1978, Appeal from Order of the Court of Common Pleas of Lancaster County, Pa., Civil Action, Habeas Corpus Docket No. 9, Pg. 178.
William E. Haggerty, Lancaster, for appellant.
Michael E. Georgelis, Lancaster, for appellee.
Spaeth, Stranahan and Sugerman, JJ.
[ 269 Pa. Super. Page 497]
We have reviewed the record in this case and agree with the lower court that the testimony set forth in pages 11-13, 21-26, 44-51, 66-69, 79-83, 94-97 and 107 of the transcript of the hearing held on August 28, 1978, is such that the visitation and temporary custody rights of the mother with respect to her daughters must be modified. We disagree, however, with that portion of the lower court's order concerning custody of the son, John. While it is true that there is no evidence that John himself has been abused by his stepfather in the same way as his sisters have been abused, nevertheless, the testimony concerning the treatment of the sisters reflects so adversely on the home environment of the mother and stepfather that we are compelled to conclude that John would be better off living with his father and sisters than he would be if he continued to live in a home dominated by his stepfather. Cf. In re Davis, 237 Pa. Super. 516, 352 A.2d 78 (1975) (custody denied mother living with paramour who had been unfeeling and unduly harsh with child); Commonwealth ex rel. Bowser v. Bowser, 224 Pa. Super. 1, 302 A.2d 450 (1973) (conduct of stepfather adverse to best interest of child). Moreover, if custody of John is awarded to the father, John will have the opportunity to be raised in the same house with his sisters.
That portion of the lower court's order modifying the mother's temporary custody and visitation of her daughters is affirmed. That portion of the lower court's order directing that custody of John remain in the mother is reversed and custody of John is granted to the father.
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Day of the dead Wedding favors, cake toppers, sugar skull earrings, Dia de Los Muertos wedding favors, papel picado wedding, artwork, jewelry, and papel picado inspired wedding boxes.
Find me on instagram! @mi_frijolito
Day of the dead Wedding favors, cake toppers, sugar skull earrings, Dia de Los Muertos wedding favors, papel picado wedding, artwork, jewelry, and papel picado inspired wedding boxes.
Find me on instagram! @mi_frijolito
Jenny on Sep 12, 2016
My daughter loves this sticker!
yyrodrig on Sep 1, 2016
Appreciate the quick turnaround. They were a big hit!!!
Lee Ledbetter on Aug 23, 2016
Too cute!!! I love this!
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Elbow, 90, Polypropylene, CompxF, 1/4In
PARKER| Zoro #: G0996317| Mfr #: P4FE4
Zoro #: G0996317Mfr. Part #: P4FE4
$2.84 /ea
Orders over $50.00 ship free. DetailsStandard ground shipping
Technical Specifications
|Zoro #: G0996317 Mfr #: P4FE4
|Basic Material: Plastic
|Standards: FDA, NSF-51
|Body Material: Polypropylene
|Item: Female Elbow, 90 Degrees
|Connection Type: Compression x FNPT
|Fittings Sub-Category: Elbows
|Temp. Range: 0 Degrees to 212 Degrees F
|Compression Thread Size: 1/4"
|Max. Pressure: 300 psi
|Tube Size: 1/4"
|Country of Origin (subject to change): Unknown
Product Description
Female Elbow, 90 Degrees , Basic Material Plastic, Body Material Polypropylene, Connection Type Compression x FNPT, Tube Size 1/4 In., Compression Thread Size 1/4 In., Max. Pressure 300 psi, Temp. Range 0 Degrees to 212 Degrees F, Standards FDA, NSF-51
Restrictions and Compliance
- *1 : California Proposition 65 : This product contains a chemical known to the State of California to cause birth defects or other reproductive harm.


text:
Single family home has 5 beds, 4 baths, 2,781 sq. ft., 10,663 lot size, was built in 2011 and is pet friendly. Offered as for sale by owner with a price of $2,228.
|Rental Fee
|Property Type
|Single-Family Home
|Not available
|2,781 sq. ft.
|Pets Allowed
|Please inquire
|Provided By
|Direct Link
|Last Updated
|2 days ago
This property is For Sale by Owner or FSBO , which can offer significant advantages to home buyers. Even though a homeowner chooses FSBO to save money on real estate fees, those savings can be passed on to the buyer as a lower purchase price. Some FSBO homeowners may also offer flexible financing options, including Owner Financing (a good alternative to a bank loan) or Rent to Own. The Rent to Own option would allow you to rent this home for a period of time with an option to purchase it for a predetermined price after the rental period. This...
gives you time to build up your credit and accumulate your down payment, all while living in the home of your dreams.
Single-family home located at Ballard Mill in Columbia, MO 65203 has 5 beds, 4 baths, 2,781 square feet and available to rent for $2,228. Ballard Mill was listed on RentalSource 54 days ago by RentBeforeOwning. Ballard Mill is in zip code 65203 which is located in Columbia, MO. The rental price of $2,228 is 53% higher than the average rental price of $1,457 for homes for rent in 65203 and 71% higher than the average rental price of $1,306 for homes for rent in Columbia, MO.Report listing | Visit website
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All information listed is provided by third parties and is deemed reliable, but should be independently verified. Price and specifications are subject to change without notice. RentalSource provides this service without representations or warranties of any kind either expressed or implied.


text:
Index Label - Birthday Classics: August
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text:
Browsing RSCAS Working Papers by Title
Now showing items 241-260 of 1874
Title:Conceptual Definitions and Measurement Indicators of the Quality of Democracy: An Overview Author(s):ANDREEV, Svetlozar A.Date:2005Type:Working PaperSeries/Number:EUI RSC; 2005/05
Title:Conceptualizing Women's Human Rights Author(s):GOULD, Carol C.Date:2002Type:Working PaperSeries/Number:EUI RSC; 2002/40
Title:Conditionality, impact and prejudice in EU-Turkey relations Author(s):TOCCI, NathalieDate:2007Type:Working PaperSeries/Number:IAI-TEPAV Report; 2007/09Abstract:Since 1999, EU-Turkey relations have become the focus of growing interest in Europe. Yet the valuable research results produced have largely failed to inform the public debate on EU-Turkey relations. This project aims to ...
Title:La conférence intergouvernementale de 1996, Vers un nouvel ordre institutionnel Author(s):NOEL, EmileDate:1995Type:Working PaperSeries/Number:EUI RSC; 1995/22
Title:Confidence-building in Tunisia after the Popular Uprising: Strategies and Dilemmas of the Interim Government Author(s):CASSARINO, Jean-PierreDate:2011Type:Working PaperSeries/Number:IAI Working Paper; 2011/04Abstract:Since the fall of Ben Ali on 14th January 2011, Tunisia has been going through a process of transformation and reconfiguration of the manifold relationships between the state and society. So far, a series of legal ...
Title:Conflict Resolution in the European Neighbourhood: The Role of the EU as a Framework and as an Actor Author(s):TOCCI, NathalieDate:2004Type:Working PaperSeries/Number:EUI RSC; 2004/29
Title:The Conflictual (Trans)Formation of the Public Sphere in Urban Space: The Case of Diyarbakir Author(s):GAMBETTI, ZeynepDate:2004Type:Working PaperSeries/Number:EUI RSC; 2004/38
Title:The Consequences of Eastern Enlargement of the European Union in Stages Author(s):SENIOR NELLO, Susan; SMITH, Karen E.Date:1997Type:Working PaperSeries/Number:EUI RSC; 1997/51
Title:Une constitution courte et obscure ou claire et détaillée ? Perspectives pour la simplification des traités et la rationalisation de l'ordre juridique de l'union européenne Author(s):ZILLER, JacquesDate:2006Type:Working PaperSeries/Number:EUI LAW; 2006/31Abstract:The paper examines deals with the possibility to keep the 'acquis' of the Constitutional Treaty in terms of simplification of the EC-EU treaties and of rationalisation of the EU legal system if the Treaty establishing a ...
Title:A Constitution for the European Union? Proceedings of a Conference, 12-13 May 1994, Organized by the Robert Schuman Centre with the Patronage of the European Parliament Author(s):ROBERT SCHUMAN CENTREDate:1995Type:Working PaperSeries/Number:EUI RSC; 1995/09
Title:Constitutional Dialogues in the European Community Author(s):STONE SWEET, AlecDate:1995Type:Working PaperSeries/Number:EUI RSC; 1995/38
Title:Constructing equal and vigorous citizens : the role of legislative politics Author(s):LANG, Jr., AnthonyDate:2014Type:Working PaperSeries/Number:EUI RSCAS; 2014/36; Global Governance Programme-95Abstract:This paper proposes a 'constitutional' alternative to the current conflict between Palestinians and Israelis. Through an engagement with a particular branch of liberal political theory – Richard Flathman's 'wilful liberalism' ...
Title:Constructing Institutional Interests: EU and NATO Enlargement Author(s):FIERKE, Karin; WIENER, AntjeDate:1999Type:Working PaperSeries/Number:EUI RSC; 1999/14
Title:Constructing regionalism in South America : the cases of transport infrastructure and energy within UNASUR Author(s):PALESTINI CÉSPEDES, Stefano; AGOSTINIS, GiovanniDate:2014Type:Working PaperSeries/Number:EUI RSCAS; 2014/73; Global Governance Programme-117Abstract:This paper seeks to contribute to the study of contemporary South American regionalism focusing on the emergence and development of sectoral cooperation and policy coordination within the Union of South American Countries ...
Title:Constructing the European Community Legal System from the Ground Up: The Role of Individual Litigants and National Courts Author(s):MATTLI, Walter; SLAUGHTER, Anne-MarieDate:1996Type:Working PaperSeries/Number:EUI RSC; 1996/56
Title:Constructing the secular : law and religion jurisprudence in Europe and the United States Author(s):CALO, Zachary R.Date:2014Type:Working PaperSeries/Number:EUI RSCAS; 2014/94; RELIGIOWESTAbstract:This paper compares the law and religious jurisprudence of the U.S. Supreme Court and the European Court of Human Rights across three legal areas: individual religious freedom, institutional religious freedom/freedom of ...
Title:Consumer Loans and the Role of the Credit Bureaus in Europe Author(s):MICKLITZ, Hans-WolfgangDate:2010Type:Working PaperSeries/Number:EUI RSCAS; 2010/44Abstract:The working paper makes the results of the conference proceedings on 'Consumer Loans and the Role of the Credit Bureaus in Europe' available, which took place in May 2009 at the EUI in Florence. The topic of the conference ...
Title:Contagious currency crises Author(s):EICHENGREEN, Barry J.Date:1996Citation:Florence, European University Institute, 1996Type:Working PaperSeries/Number:European Forum; 1996/02
Title:Contested Boundaries - Citizens, States, and Supranational Belonging in the European Union Author(s):CONANT, LisaDate:2001Type:Working PaperSeries/Number:EUI RSC; 2001/27
Title:Contested Delegation: The Impact of Codecision on Comitology Author(s):HERITIER, Adrienne; MOURY, CatherineDate:2009Type:Working PaperSeries/Number:EUI RSCAS; 2009/64Abstract:In this article, we show that, for the area of environmental policy, the Commission and the Council have been more willing to rely on extensive delegation after the introduction of co-decision. We also show that the tendency ...


text:
please can anybody tell me how to get a nice bright royal blue icing? mine always comes out sea or aqua blue shade, even when i use the wilton royal blue paste colouring.
maybe try a bit of orange to try to cancel out the other greenish undertone. I am trying to think of the same concept with adding purple to icing that is yellow to get it more white. I hope that makes sense. If not maybe switch brands and use amricolor or maybe you aren't adding enough of the blue. Of course let it sit and see if it darkens to the color.
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text:
Sausage Balls
Total Time
Prep 5 mins
Cook 15 mins
Great as appetizers or the start of a meal.
Ingredients Nutrition
- 1 lb spicy bulk sausage, uncooked
- 16 ounces shredded cheddar cheese
- 3 cups biscuit mix
- 1⁄3 cup milk
- Combine all ingredients and form into small balls.
- Bake at 375 for 13-15 minutes or until brown through.
Most Helpful
I made changes in the recipe preparation so my stars are honestly for what I ended up with rather than the recipe. I used 1# of name brand breakfast sausage, 8 oz cheese, 2 cups of biscuit mix, and some milk. I rolled 24 golf ball size balls and flattened them slightly. The mixture is very stiff. It took twice as long to bake as indicated in the recipe. What I ended up with was a mild tasting, lightly browned ball. Both the cheese & sausage were there flavor wise, but I thought they could use something "extra". My DH liked them just fine. Next time I might add diced fresh jalapenos, green onions, or chives. To serve at a party I would roll much smaller & serve with a dipping sauce or if for a brunch with gravy. They are NOT greasy in the least. Made for Spring '09 Pick A Chef.


text:
Microland Walkin Drive For Freshers/Exp On 17th to 20th Oct2016
Microland Walkin Drive For Freshers/ExpDesignation : Customer Support Engineer
No Of Positions : Multiple
Qualification : Any Graduates
Also Read :
* More graduates Jobs
Experience : 0 - 3 years
Location : Delhi
Also Read :
* Upcoming Delhi Walkins Drives
Salary : As Per Industry
Job Description :
- Ensure desktop support internal processes and procedure are adhered to
- Manage incidents/ service requests assigned to them till resolution/ execution
- Handle end user
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- Route assign tickets to appropriate support group if necessary
- Identifying and escalating high priority , high severity issues
- Good Communication Skills
* Interview
Also Read :
Company Profile :
Microland enables global enterprises to become more agile and innovative through a comprehensive portfolio of services that addresses hybrid IT transformation, workspace transformation, service transformation and end-to-end IT Infrastructure Management. Microland leverages analytics, automation and assurance to deliver reduced TCO, greater IT-business alignment and higher SLAs for its customers, through a unique IP built into its service delivery platform.
Microland has been rated amongst the Top 10 Infrastructure Management Providers by Global Services, Microsoft's Best Indian Infrastructure Partner for the eighth consecutive year, Major Contender in IT Infrastructure Services and Emerging Player in Cloud Infrastructure Services by Everest Group, one of the Leading Service Providers in Remote Network and Voice Infrastructure Management Services by Gartner, ranked amongst the Top 20 Global Cloud Computing Companies by CIO Review and the Top 20 Remote Infrastructure Management Vendors by the Black Book of Outsourcing.
Apply Mode : Walk in
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Walk In Time : 10 AM to 3 PM
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Interview Venue Details :
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Microland Walkin Drive For Freshers/Exp On 17th to 20th Oct2016 Reviewed by hanimi on 05:46:00 Rating:


text:
Radio Brazil Music plays basically various kinds of Brazilian music. The radio works as it is a very great platform for their kinds of desired listeners who loves to enjoy musical tracks. This is the place for having lots of engaging experience with all the popular musical tracks Radio Brazil Music the radio plays around the clock.
Radio Brazil Music official website address is www.brazilmusic.com
Attendere 10-20 secondi Radio in corso ...
Popolare Brasile Radio:
Brazil 69 radio
Radio 93 FM
POP Radio Sound
Radio metallo Generation


text:
Leading tech vendor Civolution has teamed up with cross-screen specialist Applicaster, integrating technologies to enable broadcasters to launch second screen activities synced with content and ads being watched on live or on-demand TV. The solution is based on integration between Applicaster's second screen suite and Civolution's SyncNow Automatic Content Recognition (ACR) technology.
Applicaster maximizes second screen functionality to boost TV ratings, via a variety of tools. The company's FEED module, part of the second screen suite, is an aggregated timeline of all show-associated broadcaster activities combined with social elements, such as viewer comments, photos, tweets, replies and more. FEED serves as a hub for broadcaster and social activities, retaining users within the broadcaster's TV app domain, while offering exciting social TV elements to the viewer.
"This successful integration with Civolution resolves two major challenges in relation to TV programming: recreating the live-feel to non-linear and long tail content, and retaining viewer attention and engagement levels during commercial breaks", comments Liron Deutsch, VP Corporate Development, Applicaster. "With the real time triggering of unique and creative brand and content related activities – broadcasters, content owners and brands can bridge the attention gap and offer continuous cross-platform engagement and meaningful second screen activities." she concluded.


text:
November 20, 2015
Reaches out to customers with complete kits.
November 20, 2015
Bath and beauty gift sets back at Walmart and Rite Aid.
November 19, 2015
Second unisex scent debuts over 20 years later.
November 17, 2015
Holiday scent launches in stores and online.
November 17, 2015
New hair color for 2016—but here now!
November 13, 2015
Membership benefits include samples, workshops and more.
November 11, 2015
Brand joins digital lifestyle hub.
November 11, 2015
Ryan Seacrest to launch men's line.
November 10, 2015
Dramatic red lipstick arrives for Holiday 2015.
November 9, 2015
Le Couvent des Minimes set and more out in stores.
November 6, 2015
Gift sets will raise funds for working women cause.
November 6, 2015
Expands distribution with new distributor.
November 5, 2015
Mintel sees growth in shaving, subscription boxes and more.
November 5, 2015
Beiersdorf brand adds in-shower moisturizer.
November 4, 2015
New download ties in to global campaign.
Sign up now to receive the free weekly newsletter, and more!


text:
|03-21-2016 (8 Months)
|Champion bloodlines:
|Champion sired:
|Show potential:
|$395 USD (shipping included!) Buyer tips
|Shipping area:
|Select Areas
|What's included:
|Registered/registerable, Current vaccinations, Health certificate, Health guarantee
|Additional information:
|Papillons are considered to be the most
intelligent of all the toy breeds. They were THE
dog of French Royalty. They are also
hypoallergenic as people that would normally be
allergic to a pet will not be to this type of dog.
They also have a lot of personality and are just
plain FUN to own. We have 4 new super cute pups
and our females are black and white and the other
mostly chestnut brown and white and one larger
female is black and white and we have a red and
white male & they all have great markings.
Our puppies are home raised with a lot of love. We
are not a puppy mill. We do not make a profit on
the sale of our pups; rather, the money we get
goes for vet bills, etc. to keep the dogs we keep
healthy. We own both the parents of our litter.
The puppies had their dew claws removed @ 4 days
of age and a vet exam and were found to be
healthy. We will pay for their initial vet
expenses including 2 vet exams, and a puppy shot,
and worming prior to releasing them. We have never
had an ill puppy or one with birth defects. We
will begin the house-breaking process and getting
them socialized. Our puppies also get a very high
caliber diet of better quality dry puppy food as
soon as they start the weaning process and a
serving a day of Mountain High, non-fat plain
yogurt and hard boiled egg twice a week. The
yogurt is important for their bones and teeth and
the egg is good for their coat, brain function,
and vision. Their mom will also continue to nurse
them until the day of delivery or up until 10
weeks whichever comes first. Guarantee of the
puppy's health and we have never had a puppy
with worms or any birth defects and we DO NOT
INBREED. Kathleen @ 303-987-3234 for an
appointment to see them in your home. They will
have their 1st puppy shot, worming, a thorough vet
exam, some socializing & potty training and will
be very healthy and ready for their new home. We
will consider financing @ 0% with only 400.00 or
500.00 down for females. (Total price males
$1,395.00 and $1,995 for females.) They are also
great for some types of therapy. FREE delivery
within 50 miles of Denver. He is now
pending; however, I have pups that will look a lot
like him so I am keeping his picture up for
awhile. Phone 303-987-3234 or 720-320-7669
|Member Since: March 14th, 2015
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Pear Bars
|Pears in juice
|16 Ounce
|All purpose flour
|2 Cup (32 tbs)
|Granulated sugar replacement
|3⁄4 Cup (12 tbs)
|Granulated fructose
|1⁄3 Cup (5.33 tbs)
|Baking soda
|2 Teaspoon
|1⁄4 Cup (4 tbs), softened
Drain juice from pears into a large mixing bowl; reserve juice.
Cut pears into chunks, and place into bowl with juice.
Add flour, sugar replacement, fructose, baking soda, eggs, and margarine.
Beat well, at least 2 minutes.
Pour batter into a greased 13 x 9 in. (33 x 23 cm) baking pan.
Bake at 350°F (175°C) for 30 to 35 minutes or until toothpick inserted in middle comes out clean.
Recipe Summary
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Nutrition Rank
Nutrition Facts
Serving size: Complete recipe
Calories 1890 Calories from Fat 497
% Daily Value*
Total Fat 56 g86%
Saturated Fat 11.2 g56%
Trans Fat 0 g
Cholesterol 423 mg141%
Sodium 2946.4 mg122.8%
Total Carbohydrates 309 g103%
Dietary Fiber 10 g39.8%
Sugars 63.9 g
Protein 39 g77%
Vitamin A 48.5% Vitamin C 0.09%
Calcium 9.2% Iron 74.8%
*Based on a 2000 Calorie diet


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This is a replacement or auxiliary Black Fixture Body for Source 4 5° Ellipsoidal Spotlight. It does not include a lens tube assembly, or filter frame. It does include a bulb socket assembly, a Yoke with C-Clamp, and 3' power cord without a plug.


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Ferrari P.,Prassis Research Institute sigma tau
Biochimica et Biophysica Acta - Molecular Basis of Disease | Year: 2010
An innovative approach to the therapy of essential hypertension (EH) and the related complications has been pursued by our group with the aim of defining specific genetic-molecular mechanisms underlying the disease in sub-sets of patients. This approach is anticipated to have a major effect on the clinical practice, diagnostics and development of new drugs able to selectively target such mechanisms. The final achievement is the definition of biomarkers for identifying patients who more likely should benefit for a given therapy both in terms of efficacy and reduction of the adverse reactions. Among many, two mechanisms have been defined and addressed: 1)polymorphisms in the gene coding for the cytoskeletal protein, adducin; 2)increased levels of the salt and blood pressure-regulating hormone, endogenous ouabain (EO).Both alterations lead to hypertension, organ hypertrophy, negative vascular remodeling and increased cardiovascular risk by affecting the renal Na+ handling, through the up-regulation of the Na+-K+ pump and the activation of the Src-dependent signal transduction pathway. A novel antihypertensive agent, rostafuroxin (PST2238), has been selected and developed for its ability to correct the renal Na+-K+ pump abnormalities sustained by the mutant adducin and EO-dependent mechanisms. It is endowed with high potency and efficacy in reducing blood pressure (BP) and preventing organ hypertrophy in animal models representative of both adducin and EO mechanisms. At molecular level, in the kidney, rostafuroxin normalizes the enhanced activity of the Na+-K+ pump induced by mutant adducin and antagonizes the EO triggering of the Src-EGFr-dependent signaling pathway leading to renal Na+-K+ pump and ERK phosphorylation and activation. In the vasculature, it normalizes the increased myogenic tone caused by ouabain. A very high safety ratio and the absence of interaction with other mechanisms involved in BP regulation, together with evidence of high tolerability and efficacy in hypertensive patients indicate rostafuroxin as the first example of a new class of antihypertensive agents designed to antagonize adducin and EO-hypertensive mechanisms. A recently concluded Phase II clinical trial (OASIS) has provided the proof of concept that such a compound is effective in the subset of patients where these two mechanisms are at work. © 2010 Elsevier B.V. Source


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January 17, 2013
JOHN L. HARRIS III, PLAINTIFF,v.KAMALA HARRIS, ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, AS IN HER OFFICIAL CAPACITY, ET AL., DEFENDANTS.
Currently pending before the undersigned is defendants' Motion to Dismiss the Fourth Amended Complaint.*fn1 (Mot. to Dismiss, Dkt. No. 50.) Plaintiff John L. Harris III ("plaintiff"), proceeding without counsel in this action, timely filed an opposition brief ("Opposition").*fn2 (Opp'n, Dkt. No. 52.) Defendants filed reply briefing in support of their motion ("Reply"). (Reply, Dkt. No. 54.)
The undersigned took this matter under submission on the briefs and without oral argument. (Dkt. No. 53.) The undersigned has considered the briefs and the appropriate portions of the record in this case and, for the reasons stated below, grants defendants' motion to dismiss. The undersigned dismisses plaintiff's fourth amended pleading, and such dismissal is with prejudice. Plaintiff's pleading fails to plausibly allege a First Amendment retaliation claim, and given that plaintiff has had multiple opportunities to properly allege such a claim, further opportunities to amend would be futile.
A. Procedural History
Plaintiff filed his original complaint on August 17, 2011. (Dkt. No. 1.) Thereafter, plaintiff filed various iterations of his pleading. (Dkt. Nos. 5 (First Am. Compl.); 7 (Second Am. Compl.); 12 (a different "Second" Am. Compl.).)
Defendants previously moved to dismiss plaintiff's Second Amended Complaint. (Second Am. Compl., Dkt. No. 12.) On April 25, 2012, the undersigned granted defendants' motion (Dkt. No. 21) pursuant to Federal Rule of Civil Procedure 8(a) and gave plaintiff leave to amend his pleading. (Order issued April 25, 2012, Dkt. No. 35.) That order informed the plaintiff that his amended pleading should clearly link specific defendants with specific allegations and claims for relief, include only non-conclusory allegations that are relevant to his claims, and include facts sufficient to support each element of his claims. (Id. at 44-47.)
Plaintiff timely filed a Third Amended Complaint. (Third Am. Compl., Dkt. No. 40.) On June 22, 2012, defendants moved to dismiss plaintiff's Third Amended Complaint. (Dkt. No. 43.) In partially granting defendants' motion, the undersigned dismissed all of plaintiff's claims with prejudice, with the exception of plaintiff's First Amendment retaliation claim, which was dismissed with leave to amend. (Order issued Oct. 18, 2012, Dkt. No. 48.)
Plaintiff timely filed a Fourth Amended Complaint ("FAC"). (Fourth Am. Compl., Dkt. No. 49.) On December 4, 2012, defendants moved to dismiss that pleading. (Mot. to Dismiss, Dkt. No. 50.)
B. Allegations In The Fourth Amended Complaint The undersigned has previously spent a significant amount of time attempting to distill factual allegations and claims from plaintiff's muddled pleadings (See Order dated April 25, 2012, Dkt. No. 35 at 3-11), and given the meandering style of plaintiff's most recent pleading, declines to engage in that time-consuming process yet again.*fn3 Suffice it to say that the undersigned has carefully reviewed plaintiff's Fourth Amended Complaint ("FAC") and has determined that the pleading does not materially differ from plaintiff's previous pleading with respect to the factual allegations underlying the claim for First Amendment retaliation.
In a nutshell, as with his prior pleadings, plaintiff again alleges that his supervisors placed a "Memorandum of Instruction" (hereinafter the "Warning Letter") in his personnel file after they received complaints that plaintiff made inappropriate sexual statements to a co-worker on several occasions, including during an "off-duty street corner conversation" about smoking and "nicotine addiction." (Fourth Am. Compl. at 1, 5-7, 12-13.) Plaintiff alleges that the Warning Letter - as well as a meeting held to discuss it and a performance appraisal mentioning it - amount to retaliation for his statements about smoking and nicotine addiction. (Id. at 6-10.) Plaintiff also alleges that these events followed co-worker reports to management that plaintiff made a "call me" hand sign to a female co-worker and made a comment about the lack of a "rock in his pocket" to that same female co-worker. (Id. at 7-8.)
A. Federal Rule of Civil Procedure 8
Under the "notice pleading" standard of the Federal Rules of Civil Procedure, a complaint must provide, in part, a "short and plain statement" of claims showing entitlement to relief. Fed. R. Civ. P. 8(a)(2); Ashcroft v. Iqbal, 556 U.S. 662, 677-81(2009); Paulsen v. CNF, Inc., 559 F.3d 1061, 1071 (9th Cir. 2009), cert. denied, 130 S. Ct. 1053 (2010). The complaint must "give the defendant fair notice of what the claim is and the grounds upon which it rests." Bell Atlantic v. Twombly, 550 U.S. 544, 555 (2007) (internal quotations omitted). In order to survive dismissal for failure to state a claim, a complaint must contain more than "a formulaic recitation of the elements of a cause of action;" it must contain factual allegations sufficient "to raise a right to relief above the speculative level." Id. While Rule 8(a) does not require detailed factual allegations, "it demands more than an unadorned, the defendant-unlawfully-harmed-me accusation." Iqbal, 556 U.S. at 678-79. Similarly, Rule 8(d) requires a pleading to be "concise and direct," and made up of "simple, concise and direct" allegations. Fed. R. Civ. P. 8(d).
B. Federal Rule of Civil Procedure 12(b)(6)
A motion to dismiss brought pursuant to Federal Rule of Civil Procedure 12(b)(6) challenges the sufficiency of the pleadings set forth in the complaint. Vega v. JPMorgan Chase Bank, N.A., 654 F. Supp. 2d 1104, 1109 (E.D. Cal. 2009). Federal pleading standards require the presentation of factual allegations sufficient to state a plausible claim for relief as to each defendant. Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) ("[a] plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of civil rights"). A pleading is insufficient if it offers mere "labels and conclusions" or "a formulaic recitation of the elements of a cause of action." Twombly, 550 U.S. at 555; Iqbal, 556 U.S. at 678-79 ("Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice."). The mere possibility of misconduct falls short of meeting this plausibility standard. Twombly, 550 U.S. at 545. However, "[s]pecific facts are not necessary; the statement [of facts] need only 'give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.'" Erickson v. Pardus, 551 U.S. 89, 93 (2007) (quoting Twombly, 550 U.S. at 555) (citations and internal quotations omitted).
A complaint should be dismissed for failure to state a claim if, taking all well-pleaded factual allegations as true, it does not contain "'enough facts to state a claim to relief that is plausible on its face.'" See Coto Settlement v. Eisenberg, 593 F.3d 1031, 1034 (9th Cir. 2010) (quoting Iqbal, 556 U.S. at 678-79.) "'A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.'" Caviness v. Horizon Cmty. Learning Ctr., Inc., 590 F.3d 806, 812 (9th Cir. 2010) (quoting Iqbal, 556 U.S. at 678-79). The court accepts all of the facts alleged in the complaint as true and construes them in the light most favorable to the plaintiff. Corrie v. Caterpillar, 503 F.3d 974, 977 (9th Cir. 2007). The court is "not, however, required to accept as true conclusory allegations that are contradicted by documents referred to in the complaint, and [the court does] not necessarily assume the truth of legal conclusions merely because they are cast in the form of factual allegations." Paulsen, 559 F.3d at 1071 (citations and quotation marks omitted).
In ruling on a motion to dismiss pursuant to Rule 12(b)(6), the court "may generally consider only allegations contained in the pleadings, exhibits attached to the complaint, and matters properly subject to judicial notice." Outdoor Media Grp., Inc. v. City of Beaumont, 506 F.3d 895, 899 (9th Cir. 2007) (citation and quotation marks omitted). Although the court may not consider a memorandum in opposition to a defendant's motion to dismiss to determine the propriety of a Rule 12(b)(6) motion, see Schneider v. Cal. Dep't of Corr., 151 F.3d 1194, 1197 n.1 (9th Cir. 1998), it may consider allegations raised in opposition papers in deciding whether to grant leave to amend, see, e.g., Broam v. Bogan, 320 F.3d 1023, 1026 n.2 (9th Cir. 2003) (citing Orion Tire Corp. v. Goodyear Tire & Rubber Co., 268 F.3d 1133, 1137-38 (9th Cir. 2001)).
The court must construe a pro se pleading liberally to determine if it states a claim and, prior to dismissal, tell a plaintiff of deficiencies in his complaint and provide an opportunity to cure those deficiencies if it appears at all possible that the plaintiff can do so. See Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir. 2000) (en banc); accord Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990) (stating that "pro se pleadings are liberally construed, particularly where civil rights claims are involved"); see also Hebbe v. Pliler, 627 F.3d 338, 342 n.7 (9th Cir. 2010) (stating that courts continue to construe pro se filings liberally even when evaluating them under Iqbal).
A. First Amendment Retaliation
Plaintiff seeks to base his First Amendment retaliation claim upon off-duty statements he allegedly made to co-workers regarding smoking/addiction, and the undersigned addresses this contention below. However, in an abundance of caution, the undersigned also analyzes plaintiff's First Amendment retaliation claim in the context of the alleged "call me" hand sign and "rock in pocket" comment. It is not clear from the pleading whether plaintiff takes ownership of the "call me" hand sign or the "rock in pocket" comment that Kimberly Bell allegedly attributed to him and reported to management (e.g., Fourth Am. Compl. at 7-8), or whether plaintiff also intends to premise his First Amendment retaliation claim upon those comments. As stated, however, in an abundance of caution the undersigned proceeds as if that is the case. In any event, the claim does not properly arise from any of these alleged forms of speech as discussed below.
Under the same legal analyses described in the undersigned's Order of October 18, 2012 (Order, Dkt. No 48 at 11-23), which is incorporated by reference herein, plaintiff has not plausibly alleged a claim for First Amendment retaliation in connection with his statements about smoking and addiction. Further, plaintiff has not alleged such a claim in connection with having made a "call me" hand sign or "rock in pocket" comment, because in the context of this particular case, neither amounts to speech that touches on a matter of public concern.
As described in the undersigned's prior orders (Orders, Dkt. Nos. 35, 48), the Ninth Circuit Court of Appeals uses "a sequential five-step series of questions" in evaluating the speech component of a First Amendment retaliation claim. Gibson v. Office of Atty. Gen., State of Cal., 561 F.3d 920, 925 (9th Cir. 2009) (citing Eng v. Cooley, 552 F.3d 1062, 1070 (9th Cir. 2009).) Those questions are as follows: "(1) whether the plaintiff spoke on a matter of public concern; (2) whether the plaintiff spoke as a private citizen or public employee; (3) whether the plaintiff's protected speech was a substantial or motivating factor in the adverse employment action; (4) whether the state had an adequate justification for treating the employee differently from other members of the general public; and (5) whether the state would have taken the adverse employment action even absent the protected speech." Id.; accord Karl v. City of Mountlake Terrace, 678 F.3d 1062, 1068-69 (9th Cir. 2012). Because these are sequential steps, a plaintiff's failure to satisfy any one of the steps ends the inquiry. Johnson v. Poway Unified Sch. Dist., 658 F.3d 954, 961-62 (9th Cir. 2011).
1. Plaintiff Has Not Plausibly Alleged That He Suffered Retaliation For Making Comments About Smoking And Addiction
As explained in the undersigned's previous Order (Dkt. No. 48 at 20-23), "plausibility," as it is used in Twombly and Iqbal, does not refer to the likelihood that a pleader will succeed in proving the allegations. See Iqbal, 556 U.S. at 678-79; Twombly, 550 U.S. at 555. Instead, it refers to whether the non-conclusory factual allegations, when assumed to be true, "allow[] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 556 U.S. at 677-79. "The plausibility standard is not akin to a 'probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully." Id. (quoting Twombly, 550 U.S. at 557). A complaint may fail to show a right to relief either by lacking a cognizable legal theory or by lacking sufficient facts alleged under a cognizable legal theory. Balistreri, 901 F.2d at 699. Only where a plaintiff has failed to "nudge [his or her] claims across the line from conceivable to plausible," is the complaint properly dismissed. Iqbal, 556 U.S. at 677-79. This plausibility inquiry is "a context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Id. at 679. The pleading must state "enough fact[s] to raise a reasonable expectation that discovery will reveal evidence of [the misconduct alleged]." Twombly, 550 U.S. at 556.
Here, as defendants compellingly argue, the terms of plaintiff's own pleading reveal that plaintiff's supervisors acted in response to complaints by other employees alleging sexual harassment by plaintiff, not out of a desire to quell comments about smoking or addiction. Under Iqbal, plaintiff has the obligation to "plausibly" allege that his supervisors retaliated against him for speaking about smoking and addiction, and plaintiff has not done so. See Iqbal, 556 U.S. at 679-81. Plaintiff has not plausibly alleged that the supervisors knew about plaintiff's statements regarding smoking and addiction, let alone that they retaliated against plaintiff for making such statements. (Mot. to Dismiss at 3-7.) Instead, the allegations in the pleading reveal that the Warning Letter (and supervisors' alleged conduct in connection therewith) was a response to plaintiff's co-workers raising their concerns that plaintiff was sexually harassing a co-worker. (E.g., Fourth Am. Compl. at 7-8 (explaining that supervisors questioned plaintiff after his co-worker reported concerns about plaintiff's "call me" hand sign,"rock in pocket" comment, and plaintiff's statements about "oral fixation" etc.).) The FAC does not contain a single nonconclusory factual allegation indicating that the Warning Letter was intended to quell protected speech about smoking or addiction. See Huskey v. City of San Jose, 204 F.3d 893, 899-900 (9th Cir. 2000) (speech must be a "substantially motivating factor" in the alleged adverse action). Instead, the FAC alleges that plaintiff's supervisors warned plaintiff after they received complaints that plaintiff made offensive sexual statements in the course of speaking to his co-workers about smoking and Freud. (E.g., Fourth Am. Compl. at 7-8 (alleged statements made during plaintiff's meeting with supervisors dealt with the alleged sexual nature of plaintiff's conduct toward co-worker Kimberly Bell); 11 ("defendant John Swift verbally harassed the plaintiff after being contacted by his cohorts regarding the plaintiff's protected speech.") (emphasis added).) There are simply no factual allegations that raise any inference that plaintiff's supervisors were at any relevant time seeking to silence plaintiff's views on smoking, tobacco or addiction.
Plaintiff has not alleged a single fact that would allow the court to reasonably infer that plaintiff's supervisors issued the Warning Letter for any reason other than in response to co-worker concerns about sexual harassment by plaintiff. See Caviness, 590 F.3d at 812; Huskey, 204 F.3d at 899. Plaintiff has not alleged that his supervisors had any reason to attempt to curtail speech about nicotine addiction. As currently pleaded, then, plaintiff has not plausibly alleged that his speech about smoking was a "substantial motivating factor" in his receipt of the Warning Letter and/or a somewhat negative performance review. See Huskey, 204 F.3d at 899. Accordingly, insofar as it is premised upon plaintiff's alleged statements about smoking and addiction, the First Amendment retaliation claim lacks the requisite facial plausibility to survive the pleading stage. See Iqbal, 553 U.S. at 667-71.
2. In The Particular Context Alleged In This Case, Plaintiff's Alleged "Call Me" Hand Sign And "Rock In Pocket" Comment Do Not Touch On Matters Of Public Concern
As explained in the undersigned's prior Order (see generally Order, Dkt. No. 48 at 8-15), the "public concern inquiry is purely a question of law." Gibson, 561 F.3d at 925; Desrochers v. City of San Bernardino, 572 F.3d 703, 709 (9th Cir. 2009) (quoting Eng, 552 F.3d at 1070 and citing Connick v. Meyers, 461 U.S. 138, 147 (1983)). Determining whether the speech at issue touched on a matter of public concern is properly decided on a motion to dismiss. E.g., Gibson, 561 F.3d at 925 (affirming district court's dismissal of First Amendment retaliation claim under Federal Rule 12(b)(6) on grounds speech did not address a public concern). Accordingly, accepting a plaintiff's speech as he has alleged it, the court can proceed to determine whether such speech amounted to a "public concern" as a matter of law.
The Ninth Circuit Court of Appeals generally affords a liberal construction to the term "public concern." Roe v. City and Cnty of San Francisco, 109 F.3d 578, 586 (9th Cir. 1997). Speech involves a matter of public concern when it can fairly be considered to relate to "any matter of political, social, or other concern to the community." Eng, 552 F.3d at 1070 (quoting Johnson v. Multnomah Cnty., Or., 48 F.3d 420, 422 (9th Cir. 1995)). "[T]he state may not abuse its position as employer to stifle 'the First Amendment rights [its employees] would otherwise enjoy as citizens to comment on matters of public interest.'" Id. (quoting Pickering v. Bd. of Educ., 391 U.S. 563, 568 (1968)).
However, there "are limits" to the liberal construction of "public concern." Desrochers, 572 F.3d at 710. The State "has interests as an employer in regulating the speech of its employees that differ significantly from those it possesses in connection with regulation of the speech of the citizenry in general." Gibson, 561 F.3d at 926 (citing Pickering, 391 U.S. at 568). "[W]hen a public employee speaks not as a citizen upon matters of public concern, but instead as an employee upon matters only of personal interest, absent the most unusual circumstances, a federal court is not the appropriate forum in which to review the wisdom of a personnel decision taken by a public agency allegedly in reaction to the employee's behavior." Connick, 461 U.S. at 147-48. "When employee expression cannot be fairly considered as relating to any matter of political, social, or other concern to the community, government officials should enjoy wide latitude in managing their offices, without intrusive oversight by the judiciary in the name of the First Amendment." Gibson, 561 F.3d at 925 (citing Connick, 461 U.S. at 146). Speech by public employees "may be characterized as not of 'public concern' when it is clear that . . . the information would be of no relevance to the public's evaluation of the performance of governmental agencies." Id. (citing McKinley v. City of Eloy, 705 F.2d 1110, 1114 (9th Cir. 1983)).
Courts look first to the "content" of speech to determine whether it addresses a matter of public concern. Johnson, 658 F.3d at 965; Desrochers, 572 F.3d at 710. In Desrochers, the Court of Appeals clarified that the content of protected speech "must involve 'issues about which information is needed or appropriate to enable the members of society to make informed decisions about the operation of their government.'" Desrochers, 572 F.3d at 710 (quoting McKinley, 705 F.2d at 1114). The court held that an individual's personnel dispute that "would be of 'no relevance to the public's evaluation of the performance of governmental agencies' is generally not of 'public concern.'" Id. (quoting Coszalter v. City of Salem, 320 F.3d 968, 973 (9th Cir. 2003). The focus of the public concern analysis "must be upon whether the public or community is likely to be truly interested in the particular expression . . . ." Desrochers, 572 F.3d at 713 (holding that the public would not be "truly interested" in whether police officers thought their supervisor was a "micromanager," among other things) (quoting Roe, 109 F.3d at 585 (emphasis in Desrochers). In Desrochers, the Court of Appeals affirmed the grant of summary judgment in favor of defendants with respect to the First Amendment retaliation claim, concluding that the speech in question "relate[d] at best only tangentially to matters of public concern." Id. at 714.
Here, plaintiff's alleged "call me" hand sign and alleged "rock in pocket" comment did not involve a "political, social, or other concern to the community," see Eng, 552 F.3d at 1070. Further, the public is not likely to be "truly interested in" either the hand sign or the "rock in pocket" comment. Desrochers, 572 F.3d at 710. Further, such speech is of "no relevance to the public's evaluation of the performance of governmental agencies." Id. Neither form of alleged speech is "needed or appropriate to enable the members of society to make informed decisions about the operation of their government." See McKinley, 705 F.2d at 1114. Nothing in either alleged form of speech "would be of even modest relevance to the public in evaluating the functioning of" the California Department of Justice. See Brownfield v. City of Yakima, 612 F.3d 1140, 1147-48 (9th Cir. 2010). Finally, discussed in the undersigned's prior order with respect to "form" and "context," both examples of speech targeted a limited audience and not the broader public, weighing against a finding of protected speech. (Order, Dkt. No. 48 at 17 (citing authorities, including Desrochers, 572 F.3d at 714).) As a matter of law, and in the limited context of this particular case, the alleged "call me" hand sign and "rock in pocket" speech do not touch upon matters of public concern.
Accordingly, for all the foregoing reasons, plaintiff's first amendment retaliation claim is dismissed. See Coto Settlement, 593 F.3d at 1034; Caviness, 590 F.3d at 812. The claim is not plausibly alleged to arise from plaintiff's statements about smoking or addiction, and the claim does not properly arise from plaintiff's alleged "call me" hand sign or "rock in pocket" comment because, in the limited context of this case, neither the hand sign nor the comment touches on a matter of public concern. Further, given that plaintiff has had several opportunities to properly allege his First Amendment retaliation claim and has not been able to do so, further opportunities to amend would be futile and the claim is dismissed with prejudice. See Lacey v. Maricopa Cnty., 693 F.3d 896, 926 (9th Cir. 2012) ("[A] district court should grant leave to amend even if no request to amend the pleading was made, unless it determines that the pleading could not possibly be cured by the allegation of other facts.") (quoting Doe v. U.S., 58 F.3d 494, 497 (9th Cir. 1995)).
B. The Warning Letter
The undersigned notes that for the first time in this case, defendants have cited authorities to support the argument that the Warning Letter is not an "adverse action" that can properly form the basis of a First Amendment retaliation claim.*fn4 (Mot. to Dismiss at 9-11.) The undersigned also notes that, for the first time in this case, defendants have filed what they describe as a copy of the Warning Letter and urge that it be incorporated by reference into plaintiff's pleading. (Id. at 7-8 (attaching alleged Warning Letter as Exh. 1).) Plaintiff vehemently opposes the suggested incorporation by reference and challenges the authenticity of the document. (Opp'n at 1-2, 7-9, 18-20.) Given that the undersigned dismisses this case with prejudice for other reasons stated above, however, the undersigned declines to reach defendants' "adverse action" argument, and declines to incorporate the Warning Letter by reference into plaintiff's pleading. The undersigned further clarifies that he did not consider the proffered Warning Letter's contents in ruling upon the Motion to Dismiss.
For the reasons stated above, IT IS HEREBY ORDERED that:
1. Defendants' Motion to Dismiss (Dkt. No. 50) is granted.
2. Plaintiff's claim for First Amendment retaliation is dismissed with prejudice. In light of the two prior orders partially granting defendants' previous motions to dismiss (Dkt. Nos. 35, 48), this claim was the only remaining claim in this case.
3. The Clerk of the Court is hereby directed to close this case and vacate all future dates.
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July 20, 2010
OMAR KHADR, PETITIONER,v.BARACK H. OBAMA, ET AL., RESPONDENTS.
The Court, and the parties, are by now familiar with the facts animating this action. See Khadr v. Bush, 587 F. Supp. 2d 225, 227-29 (D.D.C. 2008) [hereinafter Khadr I]; see also Khadr v. United States, 529 F.3d 1112, 1114-15 (D.C. Cir. 2008) [hereinafter Khadr II]. Omar Khadr has been incarcerated since 2002 at the United States Naval Base in Guantánamo Bay, Cuba, after his capture as a juvenile during a firefight in Afghanistan in which several members of the U.S.-led coalition were killed or injured. See Khadr I, 587 F. Supp. 2d. at 228. In 2004, he filed a habeas petition with this Court. While that petition was pending, Khadr was brought before a Combatant Status Review Tribunal, which designated him as an enemy combatant. See id. The government subsequently charged him with war crimes and referred him for trial before a military commission. See id. That trial is set to begin on August 10, 2010.*fn1
In light of the parallel military commission proceedings, and relying on Schlesinger v. Councilman, 420 U.S. 738 (1975), the Court previously abstained from resolving Khadr's habeas petition, and therefore stayed the action. See Khadr I, 587 F. Supp. 2d at 231. The Court observed that the claims in Khadr's petition "have been, will be, or, at the very least, can be raised in the military commission proceeding and the subsequent appeals process." Id. at 230-31. Because comity requires federal courts to give "due respect to the autonomous military judicial system created by Congress," New v. Cohen, 129 F.3d 639, 643 (D.C. Cir. 1997), the Court concluded that it must stay Khadr's petition pending the end of military commission proceedings and the subsequent appeals process, Khadr I, 587 F. Supp. 2d at 234.*fn2
Faced once again with an impending military commission trial, Khadr now seeks leave to file a second amended habeas petition, which, according to him, raises claims that no longer warrant "a stay or abstention under Councilman." Pet'r's Mem. in Supp. of Mot. for Leave to File ("Pet'r's Habeas Mem.") [Docket Entry 297], at 1. That petition asks, among other things, for this Court to enjoin the military commission's proceedings against Khadr, see Proposed Second Amended Habeas Pet. [Docket Entry 298], Prayer ¶ 5, and to "order Respondents to release Petitioner from his current unlawful detention," id. at ¶ 1. Khadr also asks the Court to lift the stay. See Pet'r's Mem. in Supp. of Mot. to Lift the Stay ("Pet'r's Stay Mem.") [Docket Entry 305], at 2.
Upon careful consideration of the motions, the parties' several memoranda, the applicable law, and the entire record herein, the Court will grant Khadr's motion for leave to file his second amended habeas petition, but will deny his motion to lift the stay.
Khadr may amend his petition for habeas corpus "under the terms set by [Federal Rule of Civil Procedure] 15(a)." United States v. Hicks, 283 F.3d 380, 386 (D.C. Cir. 2002). Under that rule, "leave to amend a complaint should be freely given in the absence of undue delay, bad faith, undue prejudice to the opposing party, repeated failure to cure deficiencies, or futility." Richardson v. United States, 193 F.3d 545, 549 (D.C. Cir. 1999); see also Fed. R. Civ. P. 15(a)(2) ("The court should freely give leave [to amend the complaint] when justice so requires"). Rule 15(a)'s "'permissive approach' . . . applies with equal force to" motions to amend a habeas petition. Hicks, 283 F.3d at 386.
Khadr contends that his second amended habeas petition satisfies Rule 15(a) because it "address[es] substantive changes to the law," "reflects newly discovered evidence," and "includes recent developments as to [Khadr's] pending military trial," all of which "substantially affect the court's jurisdiction over the case and the merits of [Khadr's] arguments." Pet'r's' Habeas Mem. at 3-4. Permitting him to file his new habeas petition, he urges, would not unduly prejudice the government "because the amendments are timely and made in response to recent changes in the law." Id. at 4.
The government does not challenge Khadr's contention that his proposed habeas petition addresses new evidence and new law, or that permitting it would not be prejudicial. Rather, the government asserts that "any amendment to include Petitioner's new allegations would be futile because the Second Amended Petition would independently support abstention under Councilman." Resp'ts' Opp'n to Pet'r's Habeas Mot. ("Resp'ts' Habeas Opp'n") [Docket Entry 301], at 4; see also id. at 3 ("Petitioner's habeas case in this Court remains fully subject to the Stay Order, and there is no basis for seeking to amend his Petition while the stay remains in effect.").
The government paints futility with too broad a brush. A motion to amend a complaint is futile "if the proposed claim would not survive a motion to dismiss," James Madison Ltd. by Hecht v. Ludwig, 82 F.3d 1085, 1099 (D.C. Cir. 1996), or if there is "little chance" the plaintiff would succeed on his claim, Willoughby v. Potomac Elec. Power Co., 100 F.3d 999, 1003 (D.C. Cir. 1996). Here, the government does not contend that Khadr's habeas petition merits dismissal, but instead only suggests that it should be stayed under Councilman. See Resp'ts' Habeas Opp'n at 3-4. Further, "[t]he fact that the case might then be stayed . . . does not change the fact that [Khadr's] proposed amendment creates a viable cause of action on which he may proceed." Kelly v. Barreto, Civ. A. No. 05-0900, 2006 WL 2568443, at *2 (D.D.C. Sept. 5, 2006); see also Kane v. Rose, 259 Fed. Appx. 258, 260-61 (11th Cir. 2007) ("It is apparent . . .that [a] stay does not render [a party's] claims futile for all time.") That is, even if a military commission addresses the arguments in Khadr's habeas petition in the first instance, this Court nevertheless also may have an opportunity to do so in a habeas proceeding following the conclusion of the military commission proceedings. See Al-Odah v. Bush, 593 F. Supp. 2d 53, 60 (D.D.C. 2009).*fn3
Accordingly, the Court will grant Khadr leave to file his proposed second amended habeas petition.
The Court next turns to whether Khadr's second amended habeas petition warrants abstention under Councilman. The claims in that petition both replicate and supplement the claims Khadr raised in his first amended habeas petition, for which the Court found Councilman abstention appropriate.
"[F]ederal courts normally will not entertain habeas petitions by military prisoners unless all available military remedies have been exhausted." Councilman, 420 U.S. at 758; see also Al Odah, 593 F. Supp. 2d at 57 ("Courts ordinarily abstain from considering habeas petitions or requests for other equitable relief prior to the conclusion of a defendant's criminal proceedings."). This is so because "implicit in the Congressional scheme" creating the military court system is the view that the "system generally is adequate to and responsibly will perform its assigned task." Councilman, 420 U.S. at 758; see also id. at 759-60 ("We see no injustice in requiring respondent to submit to a system established by Congress and carefully designed to protect not only military interests but his legitimate interests as well."). Abstention, then, ensures that federal courts respect Congress's decision to "create[] an integrated system of military courts and review procedures." Id. at 758.*fn4
As an initial matter, Khadr contends that Councilman is inapplicable to his second amended habeas petition because Congress has demonstrated its intent for district courts to hear habeas petitions brought by detainees prior to the start of military commission proceedings. See Pet'r's Stay Mem. at 5. According to him, "[w]hen this Court last considered the Councilman issue . . . , Congress had codified the military commission system and expressly limited judicial review of military commission proceedings to post-conviction appellate review before the D.C. Circuit." Id. (citing Military Commissions Act of 2006, Pub. L. No. 109-366, 120 Stat. 2600 (2006) (codified at 10 U.S.C. §950j(b)).*fn5 But the Military Commissions Act of 2009, Pub. L. No. 111-84, 123 Stat. 2190 (2009) -- which amended the Military Commissions Act of 2006 --removed section 950j(b). Khadr therefore contends that the Military Commissions Act of 2009 "evinces Congressional intention for civilian courts to hear claims arising out of the military commission process." Pet'r's Stay Mem. at 6.*fn6
This is incorrect. Section 950j(b) actually only dealt with the review of military commission proceedings, not with habeas jurisdiction. But even if by removing section 950j(b) Congress gave district courts the jurisdiction to hear habeas petitions brought by detainees facing military commission proceedings, that is of no help to Khadr here. Whether this Court has jurisdiction to hear Khadr's habeas petition is entirely separate from whether Councilman abstention is appropriate. Indeed, Councilman provides a ready-response to Khadr's argument: "Our holding that the District Court had subject-matter jurisdiction . . . does not carry with it the further conclusion that the District Court properly could reach the merits of Councilman's claim." Councilman, 420 U.S. at 754. This is so because abstention is "a question concerned, not with the limited jurisdiction conferred on the federal courts, but with whether consistently with the principles governing equitable relief the court may exercise its remedial powers." Id. Hence, even if the Military Commissions Act of 2009 could be read to grant the Court jurisdiction to hear pre-conviction habeas petitions brought by detainees subject to military commission proceedings, the Court still must assess whether exercising that power is consistent with the respect due to a congressionally-created military court system.
Councilman "abstention is appropriate only to the extent that this Court's consideration of [Khadr's second amended habeas petition] would interfere with the military commission proceeding." Khadr I, 587 F. Supp. 2d at 230. Such interference is possible where the claims raised in a habeas petition could overlap with the military commission's inquiries. See Al Odah, 593 F. Supp. 2d at 59; Khadr I, 587 F. Supp. 2d at 230. Here, Khadr does not dispute that the claims he raises in his second amended habeas petition can be raised in his military commission proceedings and the subsequent appeals process. Nor, does it seem, could he. For example, the Court concluded in its previous opinion staying this case that Khadr's challenges to the military commission's jurisdiction to try him "[h]ad already been raised before the military commission, and even if not raised again during trial, . . . will be subject to review on appeal." Khadr I, 587 F. Supp. 2d at 230-31; see also Khadr II, 529 F.3d at 1119 (Khadr will have opportunity to challenge the military commission's jurisdictional findings in a post-judgment appeal). That is still true. And the remaining claims in Khadr's habeas petition may be litigated in the military commission. See Hamdam v. Gates (Hamdan II), 565 F. Supp. 2d 130, 137 (D.D.C. 2008) (military commission can evaluate a petitioner's challenges to charged offenses and evidence); see also Al Odah, 593 F. Supp. 2d at 59 ("The Court's proceedings may also produce rulings on the production of discovery and/or exculpatory information that diverge from those of the military commissions."). The Court therefore is persuaded that Khadr's habeas proceeding before this Court could interfere with his ongoing military commission proceeding.
Because of this potential interference, the Court would normally abstain from resolving Khadr's habeas petition given the "due respect" it owes to "the autonomous military judicial system created by Congress." New, 129 F.3d at 643; accord Councilman, 420 U.S. at 758. Indeed, "it must be assumed that the military court system will vindicate [Khadr's] constitutional rights." Councilman, 320 U.S. at 758.*fn7 Khadr contends, however, that here this "assumption is unwarranted." Pet'r's Reply in Supp. of Mot. to Lift Stay ("Pet'r's Stay Reply") [Docket Entry 309], at 6. In his view, the military commission convened to try him is unconstitutional because it does not have procedures precisely replicating those available at civilian criminal trials. See id. at 7; see also id. at 6 (Khadr "was denied due process of law and assistance of counsel during the Combatant Status Review Tribunal").
Khadr recognizes that the Military Commissions Act of 2009 gives a defendant "[t]he opportunity to obtain witnesses and evidence . . . comparable to the opportunity available to a criminal defendant in a court of the United States under Article III of the Constitution," 10 U.S.C. § 949j(a), but he criticizes the fact that the procedures are not "equal" to those available in civilian criminal trials, see Pet'r's Stay Reply at 9. For example, he offers that the Military Commissions Act of 2009 "allows the prosecution to introduce into evidence involuntary statements that [Khadr] made at or near the point of capture." Id. And he contends that he is without a "Sixth Amendment right to confront both witnesses and physical evidence used against him at trial." Id. at 8.
Khadr, however, points the Court to no authority demonstrating that a military commission's constitutionality turns on whether it offers the full panoply of protections available at civilian criminal trials. Indeed, the military court system that Councilman deemed sufficient "to vindicate servicemen's constitutional rights" itself did not include all the protections available at civilian criminal trials. See Whelchel v. McDonald, 340 U.S. 122, 126-27 (1950) ("Petitioner can gain no support from the analogy of trial by jury in the civil courts. The right to trial by jury guaranteed by the Sixth Amendment is not applicable to trials by courts-martial or military commissions."). Put simply, the system established by the Military Commissions Act of 2009 is worthy of respect "because it provides that [Khadr] 'is to face a military commission designed by a Congress that acted according to guidelines laid down by the Supreme Court.'" Khadr I, 587 F. Supp. 2d at 231 (quoting Hamdan II, 565 F. Supp. 3d at 136).
Moreover, the Constitution does not require that every protection available in criminal trials must apply in military commission proceedings for Guantánamo detainees. See Hamdan I, 548 U.S. at 623 ("The President here has determined . . . that it is impracticable to apply the rules and principles of law that govern the trial of criminal cases in the United States district courts . . . to Hamdan's commission. We assume that complete deference is owed that determination." (internal quotation marks and citation omitted)) (plurality opinion);*fn8 cf. Boumediene v. Bush, 128 S.Ct. 2229, 2270 (2008) ("Habeas corpus proceedings need not resemble a criminal trial, even when the detention is by executive order."). Indeed, in the related context of habeas proceedings for Guantánamo detainees, the D.C. Circuit has concluded that habeas review "need not match the procedures developed by Congress and the courts specifically for habeas challenges to criminal convictions." Al-Bihani v. Obama, 590 F.3d 866, 876 (D.C. Cir. 2010); see also Al-Adahi v. Obama, --- F.3d ----, 2010 WL 2756551, at *9 n.6 (D.C. Cir. 2010) ("His claim that statements he made outside the presence of counsel should be suppressed also fails: Al-Adahi cites no precedent extending the Miranda v. Arizona, 384 U.S. 436 (1966), line of cases beyond the criminal context."); id. ("Al-Bihani also forecloses Al-Adahi's argument that admitting hearsay violated his Sixth Amendment right of confrontation.").
Critical to Councilman's conclusion that the military court system would vindicate a serviceman's constitutional rights was the fact that the system included review by "the Court of Military Appeals consisting of civilian judges completely removed from all military influence or persuasion." Councilman, 420 U.S. at 758 (internal quotation marks omitted); cf. Hamdan I, 548 U.S. at 587 (Councilman abstention inappropriate because the military commissions convened by the President were "not part of the integrated system of military courts, complete with independent review panels that Congress had established"). Similar review is available under the Military Commissions Act of 2009: every defendant has an appeal of right to the D.C. Circuit, which has "exclusive jurisdiction to determine the validity of a final judgment rendered by a military commission," 10 U.S.C. § 950g(a), and may consider "all matters of law, including the sufficiency of the evidence to support the verdict," id. § 950g(d).*fn9 Further, "the Supreme Court may review by writ of certiorari . . . the final judgment of the [D.C. Circuit]." Id. § 950g(e).
Every individual tried by a military commission, then, may obtain review of his case by "civilian judges 'completely removed from all military influence or persuasion.'" Khadr I, 587 F. Supp. 2d at 230 (quoting Councilman, 420 U.S. at 758). As the Hamdan II court explained:
A real judge is presiding over the pretrial proceedings in Hamdan's case and will preside over the trial . . . . If the Military Commission judge gets it wrong, his error may be corrected by the [Court of Military Commission Review]. If the [Court of Military Commission Review] gets it wrong, it may be corrected by the D.C. Circuit. And if the D.C. Circuit gets it wrong, the Supreme Court may grant a writ of certiorari.
Hamdan II, 565 F. Supp. 2d at 137. The review procedures created by the Military Commissions Act of 2009 have "the structural insulation from military influence that characterizes the Court of Appeals for the Armed Forces," and thus bear sufficient "conceptual similarity to state courts to warrant invocation of abstention principles." Hamdan I, 548 U.S. at 587-88.*fn10 Hence, contrary to Khadr's arguments, this Court may assume that the military court system created by the Military Commissions Act of 2009 will vindicate Khadr's rights. See Councilman, 420 U.S. at 758; accord Khadr I, 587 F. Supp. 2d at 231.
Abstention is therefore warranted in this case. Nevertheless, Councilman and its progeny recognize an exception to abstention where a petitioner asserts "arguments that a military tribunal lacks personal jurisdiction over [the defendant]." Hamdan I, 548 U.S. at 589 n.20. Under Councilman, abstention is inappropriate where a petitioner presents "a constitutional question [that] turn[s] on the status of the persons as to whom the military asserted its power." Councilman, 420 U.S. at 759; accord Hamdan I, 548 U.S. at 589 (exception to Councilman abstention where defendant "raise[s] substantial arguments that a military tribunal lacks personal jurisdiction over [him]"); see also Councilman, 420 U.S. at 759 ("The issues presented concerned not only the military court's jurisdiction, but also whether under Art. I Congress could allow the military to interfere with the liberty of civilians even for the limited purpose of forcing them to answer to the military justice system.").
Here, Khadr contends that two of the claims asserted in his second amended habeas petition fall within Councilman's exception. First, he suggests that his status as a juvenile at the time of his capture in Afghanistan precludes the military commission from exercising jurisdiction over him. See Pet'r's Stay Reply at 13. But this Court already concluded, when Khadr raised this assertion in opposition to the government's previous motion asking the Court to abstain under Councilman, that this argument "does not raise a substantial constitutional challenge based on status within the narrow exception to Councilman abstention." Khadr I, 587 F. Supp. 2d at 234; see also id. at 232 ("At the motions hearing, petitioner's counsel conceded that Khadr's status-based challenge is statutory rather than constitutional in nature . . . ."). Khadr has offered no reason why the Court should revisit this holding.
Second, Khadr offers that Congress's creation of military commissions to try law of war violations exceeds its constitutional authority. See Pet'r's Stay Reply at 15 ("By creating the 'enemy belligerent' status, [Congress] determines the reach of military jurisdiction based not upon a person's military membership, but rather on the conduct the defendant is accused of committing . . . ."). The Supreme Court, however, has already concluded that, consistent with the Constitution, Congress may authorize trial by military commission of enemy combatants accused of law of war violations. See Ex parte Quirin, 317 U.S. 1, 28-31 (1942); see also Hamdan I, 548 U.S. at 636 ("Nothing prevents the President from returning to Congress to seek the authority he believes necessary [to create military commissions].") (Breyer, J., concurring); W. Winthrop, Military Law and Precedent 831 (rev. 2d ed. 1920) ("[I]n general, it is those provisions of the Constitution which empower Congress to 'declare war' and 'raise armies,' and which, in authorizing the initiation of war, authorize the employment of all necessary and proper agencies for its due prosecution, from which this tribunal derives its original sanction."). See generally U.S. Const., Art. I, § 8 cl. 9 (Congress may "define and punish . . . Offenses against the Law of Nations"). The fact that Congress did so here, then, raises no substantial constitutional question.
See Al Odah, 593 F. Supp. 2d at 60.*fn11
By this decision, the Court does not ignore the challenges Khadr asserts in his second amended habeas petition. Indeed, as he states, "[t]he public has a substantial interest in ensuring that Guantánamo detainees are tried in a fair and constitutionally adequate forum." Pet'r's Stay Reply at 16. But "[t]here is no substantial public interest at stake in this case that distinguishes it from the multitude of criminal cases for which post-judgment review of procedural and jurisdictional decisions has been found effective." Khadr II, 529 F.3d at 1118; see also id. (the interest in ensuring that a criminal proceeding is just "does not warrant our interruption of this criminal proceeding just because it is a military commission"). Khadr's "claims of unlawfulness . . . are all claims that should or must be decided in the first instance by the Military Commission, and then raised before the D.C. Circuit, as necessary, on appeal." Hamdan II, 565 F. Supp. 2d at 136. Accordingly, Khadr's second amended habeas petition warrants Councilman abstention.
For the foregoing reasons, the Court will grant Khadr's motion for leave to file a second amended habeas petition, but will deny his motion to lift the stay. A separate Order accompanies this Memorandum Opinion.
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