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July 12, 2012
MARK JONES,PLAINTIFF,v.CALIFORNIA DEPARTMENT OF CORRECTIONS, ET AL.,DEFENDANTS.
Findings and Recommendations
I. Procedural History and Background
On January 14, 2008, Plaintiff Mark Jones ("Plaintiff"), a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action jointly with his wife, Christine Jones, pursuant to 42 U.S.C. § 1983. Doc. 1. On January 31, 2011, the Court severed the case and ordered Plaintiff's wife, Christine Jones, to file a separate action. Doc. 38.*fn1 In Plaintiff's fifth amended complaint, Plaintiff states that Defendant Couch searched and detained his wife and threatened her that Plaintiff would be sent back to the Security Housing Unit if she told Plaintiff about the harassment and he filed an inmate grievance. Pl. 5th Am. Compl. at 9, Doc. 39. On May 13, 2011, the Court adopted findings and recommendations and ordered the case to proceed on a cognizable First Amendment retaliation claim against Defendant Couch. Doc. 44. On June 6, 2011, the Court issued a second informational order, advising Plaintiff that Defendant may file an unenumerated 12(b) motion to dismiss for failure to exhaust administrative remedies and how Plaintiff must oppose the motion in order to avoid dismissal, pursuant to Wyatt v. Terhune, 315 F.3d 1108, 1119 (9th. Cir. 2003) (citing Ritza v. Int'l Longshoremen's & Warehousemen's Union, 837 F.2d 365, 368 (9th Cir. 1998) (per curiam)). Doc. 47. On December 16, 2011, Defendant filed a motion to dismiss for failure to exhaust administrative remedies. Doc. 56. On January 10, 2012, Plaintiff filed an opposition to Defendant's motion to dismiss. Doc. 58. On January 18, 2012, Defendant filed a reply to Plaintiff's opposition. Doc. 59.
II. Motion to Dismiss for Failure to Exhaust Administrative Remedies
A. Legal Standard
Pursuant to the Prison Litigation Reform Act of 1995 ("PLRA"), "[n]o action shall be brought with respect to prison conditions under [42 U.S.C. § 1983], or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted." 42 U.S.C. § 1997e(a). The PLRA's exhaustion requirement is therefore mandatory, and no longer left to the discretion of the district court. Woodford v. Ngo, 548 U.S. 81, 85 (2006) (citing Booth v. Churner, 532 U.S. 731, 739 (2001)). The PLRA's exhaustion requirement requires "proper exhaustion" of administrative remedies. Ngo, 548 U.S. at 93. This means "[p]risoners must now exhaust all 'available' remedies," id. at 85, in "compliance with an agency's deadlines and other critical procedural rules." Id. at 90--91. The requirement cannot be satisfied "by filing an untimely or otherwise procedurally defective administrative grievance or appeal." Id. Further, the remedies "available" need not meet federal standards, nor need they be "plain, speedy and effective." Porter v. Nussle, 534 U.S. 516, 524 (2002); Booth, 532 U.S. at 739-40 & n.5.
It is the prison's requirements, and not the PLRA, that define the boundaries of proper exhaustion. Jones v. Bock, 549 U.S. 199, 218 (2007). The California Department of Corrections and Rehabilitation ("CDCR") provides inmates the right to file administrative appeals alleging misconduct by correctional officers or "any departmental decision, action, condition, or policy which they can demonstrate as having an adverse effect upon their welfare." See Cal. Code Regs. tit. 15, §§ 3084.1(a) & (e). In order to exhaust all available administrative remedies within this system, a prisoner must submit his complaint as an inmate appeal on a 602 form, within fifteen*fn2 working days from the date the administrative decision or action being complained of, and proceed through several levels of appeal: (1) informal level grievance filed directly with any correctional staff member; (2) first formal level appeal filed with one of the institution's appeal coordinators; (3) second formal level appeal filed with the institution head or designee; and (4) third formal level appeal filed with the CDCR director or designee. Id. at §§ 3084.5 & 3084.6(c); Brodheim v. Cry, 584 F.3d 1262, 1264--65 (9th Cir. 2009); Barry v. Ratelle, 985 F. Supp. 1235, 1237 (S.D. Cal. 1997). See Ngo v. Woodford, 539 F.3d 1108, 1110 (9th Cir. 2008) (Ngo II) (finding claims unexhausted where filed more than fifteen working days after deadline).
Non-exhaustion under § 1997e(a) is an affirmative defense, which should be brought by the defendants in an unenumerated motion to dismiss under Federal Rule of Civil Procedure 12(b). Jones, 549 U.S. at 216; Wyatt, 315 F.3d at 1119. In deciding a motion to dismiss for failure to exhaust administrative remedies, the Court may look beyond the pleadings and decide disputed issues of fact. Wyatt, 315 F.3d at 1119-20. If the Court concludes that the prisoner has failed to exhaust administrative remedies, the proper remedy is dismissal without prejudice. Id.
B. Analysis
Plaintiff did not take sufficient steps to pursue an inmate appeal for his claim of retaliation by Defendant Couch, in accordance with requirements for exhaustion. See Pl. Opp'n. at 4-6, Doc. 58; see Pl. 5th Am. Compl. at 2, Doc. 39; see also Def. Mot. Dismiss, Foston Decl. at 2 & Hall Decl. at 3, Doc. 56.
In Plaintiff's objections, he states that he did not know his wife was detained until five or six days after the occurrence. See Pl. Obj. at 14-19, Doc. 58. The Court notes that finding out five or six days after the incident would not preclude Plaintiff from submitting an inmate appeal within fifteen working days. Cal. Code Regs. tit. 15, § 3084.6(c).
Plaintiff attached a decision at the second and third level regarding a rules violation report for delaying a peace officer, allegations of racism against Lt. Perez, and a request for reinstatement of visiting privileges. See Pl. Obj. at 14-19, Doc. 58. For purposes of the PLRA's exhaustion requirement, "a grievance suffices if it alerts the prison to the nature of the wrong for which redress is sought." Griffin v. Arpaio, 557 F.3d 1117, 1120 (9th Cir. 2009). Ultimately, a grievance must "provide enough information . . . to allow prison officials to take appropriate responsive measures." Id. at 1121. Plaintiff's appeal regarding a rules violation report for delaying a peace officer and allegations of racism against Lt. Perez did not alert the prison officials of the pending claims in this civil action, pursuant to Griffin and the PLRA.
In Plaintiff's opposition, he states that the visiting staff did not give Plaintiff a reason why his wife was denied visiting rights, thereby making his remedies unavailable. See Pl. Opp'n. at 3-4, Doc. 58. In support of his contention, Plaintiff cites Casanova v. Dubois, 304 F.3d 75, 77 (1st Cir. 2002) for the proposition that no grievance process was available to him when no record of his wife's visit existed. However, Casanova is distinguishable because in that case, the Massachusetts prison system expressly treated complaints of civil rights abuses against staff as "not grievable." Id. By contrast, California broadly grants inmates the right to appeal any action that the inmates perceive to be adversely affecting their welfare. See Cal. Code Regs. tit. 15, § 3084.1(a). Plaintiff fails to demonstrate that no administrative remedies were available to him.
Plaintiff also submitted a draft of an inmate appeal without a date stamp regarding his wife being harassed and searched at visitation. See Pl. Opp'n. at 12, Doc. 58. In the appeal draft, he alleged no response by the appeals coordinator. Id. There is no indication that the prison received or accepted this appeal draft at any level of review. See id.
The record demonstrates that from September 14, 2007 to February 25, 2011, Plaintiff submitted fourteen inmate appeals that the Institutional Appeals Office accepted for review and seven inmate appeals that the Chief of the Appeals Office accepted for third-level review. Def. Mot. Dismiss, Hall Decl. at 2, Foston Decl. at 2, Doc. 56. Thus, Plaintiff has more than the ability to pursue a grievance in the prison system.
[Plaintiff] had a clear avenue to follow . . . to exhaust his remedies . . . [H]e could have filed a grievance . . . Then, he could have pursued that grievance through the full administrative appeals process. Nothing in the record indicates that these apparently straight-forward procedures [thwart] ordinary inmates. To the contrary, plaintiff has proven his own ability to navigate them, as he successfully exhausted one grievance . . . around the same time as he pursued his appeals about the other grievance . . . Because plaintiff's grievances were properly screened, because he had no reasonable good faith belief that administrative remedies were effectively unavailable, and because the prison's administrative grievance regime was not so complex as [thwart] most prisoners, administrative remedies were available within the meaning of the PLRA, and plaintiff was accordingly required to exhaust them.
See Sapp v. Kimbrell, 623 F.3d 813, 827 (9th Cir. 2010); see also Booth, 532 U.S. at 741 n.6 ("[W]e stress the point . . . that we will not read futility or other exceptions into statutory exhaustion requirements where Congress has provided otherwise").
In Ngo, the Supreme Court held that "full and proper exhaustion of administrative remedies is necessary, which means using all steps that the agency holds out, and doing so properly (so that the agency addresses the issues on the merits)." See Ngo, 548 U.S. 81, 84, 90, 94. "Proper exhaustion demands compliance with an agency's deadlines and other critical procedural rules because no adjudicative system can function effectively without imposing some orderly structure on the course of its proceedings." Id. at 91, 103. While the Supreme Court recognized that this may be harsh and will prevent certain prisoner cases from proceeding, the "centerpiece of the PLRA's effort to reduce the quantity . . . of prisoner suits is an 'invigorated' exhaustion provision, § 1997e(a)." Id. at 84 & 103. "Exhaustion is no longer left to the discretion of the district court, but is mandatory." Id. at 85.
Plaintiff did not take the proper steps to pursue an inmate appeal regarding the allegations in this complaint, i.e, retaliation by Defendant Couch, in accordance with requirements for exhaustion. Thus, Plaintiff failed to exhaust all his mandatory administrative remedies against Defendant prior to initiating this action, which requires mandatory dismissal, in accordance with § 1997e(a) and Ngo.
III. Conclusion and Recommendation
Based on the foregoing, it is HEREBY RECOMMENDED that:
1. Defendant's motion to dismiss, filed December 16, 2011, is GRANTED;
2. This action is DISMISSED, without prejudice, for Plaintiff's failure to exhaust administrative remedies, pursuant to 42 U.S.C. § 1997e(a); and
3. The Clerk of the Court is directed to close the case.
These Findings and Recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty (30) days after being served with these Findings and Recommendations, the parties may file written objections with the Court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991).
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subset: commoncrawl


text:
ERIC Number: ED191732
Record Type: RIE
Publication Date: 1978-Aug-1
Pages: 52
Abstractor: N/A
Reference Count: 0
Some Bases for Choosing a Computer System: Suggestions for Educators. Technical Report No. 2.
Braun, Ludwig
This report reviews four different computer systems that are available for educational use. Presented is a system overview, and the strengths and weaknesses of each of the following systems: PLATO, TERAK, Compucolor II, and PET. Each of these machines is included as a representative of a "class" of machines available to the educator. Their selection for review is not intended as an endorsement, but rather to permit specificity in discussions of properties. The report looks at the characteristics of each of these machines as they pertain to educational applications, to aid educators in evaluating computer systems, and in making a good choice from among the multitude of systems offered in the marketplace. This document concludes with a comparison among these four computers based upon a set of 25 educationally important parameters and a glossary of technical computer-related terms. (MP)
Descriptors: Computer Graphics, Computer Oriented Programs, Computer Science, Computer Science Education, Computers, Educational Technology, Elementary Secondary Education, Instructional Materials, Mathematical Vocabulary, Mathematics Curriculum, Mathematics Education, Mathematics Materials, Resource Materials, Science Education, Vocabulary
Publication Type: Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: National Inst. of Education (DHEW), Washington, DC.
Authoring Institution: State Univ. of New York, Stony Brook. Coll. of Engineering.
Identifiers: Computer Selection
Note: Photographs and drawings of computers will not reproduce well.


text:
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text:
By Sumit Roy
Natural gas inventories rose by 93 bcf last week, above expectations.
Natural gas was last trading down fractionally to $4.15/mmbtu after the Energy Information Administration reported that operators injected 93 billion cubic feet into storage last week, above the 88 to 92 bcf most analysts were expecting.
The latest injection was above last year's build of 82 bcf and above the five-year average build of 73 bcf.
In turn, inventories now stand at 2,022 bcf, which is 665 bcf below the year-ago level and 759 bcf below the five-year average (calculated using a slightly different methodology than the EIA).
The weather last week was close to seasonal norms.
According to the Edison Electric Institute, utilities generated 83,612 GWh in the week ending July 5, up 2.2 percent from a year ago.
Looking forward, the NOAA's 6- to 10-day outlook calls for much-cooler-than-normal temperatures across a broad swath of the country, and warmer-than-normal temperatures in the South and parts of the West.
Meanwhile, Baker Hughes reported that the number of rigs drilling for natural gas in the U.S. fell by three to 311 last week.
Natural Gas
The latest inventory data from the EIA were neutral, as the inventory deficit against the five-year average fell from 780 to 759 bcf and the deficit against last year fell from 676 to 665 bcf.
Natural gas prices have fallen significantly over the past week as traders anticipate a big reduction in the inventory deficit this month. Based on the latest forecasts, the weather in July is expected to be extremely mild in the population-dense areas of the Midwest and Northeast. Thus, injections over the next few weeks will be substantially higher than those seen last year in July.
Based on current trends, it wouldn't be surprising to see the year-over-year inventory deficit fall close to 500 bcf in August.
The technical backdrop is bearish for natural gas as well. The recent breakdown below the $4.25/mmbtu support level leaves prices vulnerable to a steeper fall to the year's low at $3.96.
Bottom Line: In the short term, bears are in control of the market; downside momentum could send prices below $4.


text:
About "ATV" by d3d
Design by d3d
Catbus...or Catwagen, I guess. Great illustration! Too cute for me to wear, but I'd buy it for my wife, so 5$.
the volkswagus domesticus!
knock knock.
whos FIVE!
enjoy your success while you have it, leon, my next sub will make this sub a relic of a time long since forgotten
finally up dude!
very cool!! awesome awesome awesome!! you go man!!
wow! nice illo, D! love that dog show quality stance, man!
ooohhhh, nice work, very cool. The hippies are gonna love this!
i agree, love the dog show quality. This design really has the best of two worlds: it's critter-like AND it has a VW van on it. What more can a man want?
Wow! This looks much better now I can see it on the shirt, and it looked good before! Is the placement slightly to the side? Cos that works. Or is she just twisted round a bit? Anyways, 5 from me.
mate... thats bloody brilliant
this is awesome man... the only part that puts me off is that its pretty much just a new interpretation of those my suv commercials
This is great leon; a very different style of design from you I feel. 5$
Probably one of your best! Nice and simple, you could even do without the shadow.
I love it, Keep the yellow, please :) 5$
great animachine...haa!love this
yellow=sunshine, i love it! i'll be wearing it. $5
hah now thats awesome!
excellent colours!$
very cool $5
is it a tribute to miyazaki? then a $5!
defenitely a tribute right?
if it is you get a $5
nice $5
ncie nice nice,,,miao!!! miyazake cat bus,,,love it $5
that's great! $5.
this is really really great dude. trust me.... REALLY great!
So cute.
totally 5$
d3d can you give me that template shirt girl? and if you have one for men too. thank you.
kickass design!
Nice. 5$ I like the feet.
Totoro? I'd so buy this for my friend. She loves Volkswagon vans.
i've never seen totoro and i've only seen the cat/bus since i googled it after a few people commented, but if people enjoy the design because of it then great.
just don't accuse me of stealing the idea.
now that is the best by far!!!
This design really purrrrrrrs! The only thing missing (in my book) is the VW logo or @ least a couple of screw holes where the logo used to be B4 some B#stard nicked it!
the catbus idea is from totoro!
this is such a rad design, but I'm not really a fan on the shirt color. would buy on a darker color, but will score high nonetheless for the sake of those who can pull off yellow.
i like this alot. reminds me of my neighbour totoro.
ilex, i'd never seen that esuvee thing before but he's pretty cool
Catwagen...........GREAT IDEA! COOL design! Really love this =)
thats definitely a dog.
like a puppy.
and a volkswagen.
its awesome, i think thats like the only yellow shirt id ever buy.
oh cu-u-u-ute!
I would definitely buy this if it were printed.
It fits the theme, because they drove a yellow vw bus in the film little miss sunshine. I love it as a design, period, regardless of category/theme.
btw, did you intend it to be a kitten or a puppy? or is it up for interpretation?
*5 puntos!


text:
Scooter is approx. 4 years old. We adopted him from under the house from where I used to live. He likes to cuddle with his twin brother, Bear! We call him Scoopie because he loves to 'scoop' his food out and eat it delicately from his wee paw!
By Vicki from San Antonio, TX
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


text:
Homemade Christmas Gifts: 14 Gift Ideas & DIY Home Dcor
Bonus: Get our newsletter & special offers for free. We will not share or sell your email address. View our Privacy Policy
Latest Comments
"I saw this pattern and thought it would be great to go in my gift tins for my homemade spa sets for Christmas. I started the pattern but kept having trouble with the puff stitch. When I try to pull through the loop the hook gets stuck and pull a strand or two out making it look un-neat. Is there a way to prevent this? Could it be the yarn I am using?"
"I love this pattern for making dishcloths! It is so simple and it's so easy to remember. It makes a great,durable dishcloth. Does anyone tried this pattern with that new yarn that is made for making dishcloths? I think it might be a rayon blend. I'm going to try it next time I need dishcloths."
"This is a great beginner project, it was easy to follow and gave great instruction. I was able to work up several of these for co-workers who thought it was so cute. I am going to make several more for my home for company to use when they come over and have coffee."
"These spiral beaded trees are so pretty! For extra sparkle, I am going to place a battery tea light candle in the center of the spiral. Several of these trees would look great placed within a strand of twinkle or small rice lights on a mantle or table center piece!"
"That's a great idea!"
Foam Stocking Garland
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The project was added to your Craft Projects.
Click here to view your Craft Projects.
Here's an adorable way to dress up your home for the holiday season. Instead of using the traditional garland, why not create the Foam Stocking Garland? The kids will love it and you'll have a unique decorative craft that will add a whimsical Christmas touch to your decor. Hang this garland from the mantel or on a wall to help bring Christmas spirit into your home.
- 2 oz. Apple Barrel® Paint in Bright Red
- 2 oz. Apple Barrel® Paint in White
- 2 oz. Apple Barrel® Paint in Black
- 2 oz. Apple Barrel® Paint in Christmas Green
- 2 oz. Apple Barrel® Paint in Pumpkin Orange
- 2 oz. Apple Barrel® Paint in Caterpillar
- Fashion® Dimensional Fabric Paint in Shiny Black
- 4 oz. FolkArt® Texture Paint in White
- 4 oz. FolkArt® Texture Paint in Sparkle
- 6 1-inch wood diamond barrel beads
- 6 3/4-inch wood round beads
- 3 yards 5/8-inch wide ribbon (your choice in color)
- 1 yard 1/8" wide double-faced satin ribbon (your choice in color)
- 1/2 yard 1/8" wide double-faced satin ribbon (your choice in color)
- 24" cording with wire (your choice in color)
- Stylus
- No. 8 flat shader brush
- No. 8 fabric round scrubber brush
- No. 4 round brush
- No. 10/0 liner brush
- 3 toothpicks
- Sprig of miniature holly
- 3 miniature pinecones
- 3 pins with white glass bead heads
- 1-3/16 x 6-5/8 x 11-7/8 Styrofoam sheet
- 2 1-1/2-inch Styrofoam balls
- Foam cutter
- Foam glue
- Scissors
- Permanent black marker
- Palette knife or wood craft stick
- Palette paper or foam plate
- Paper towels
- Water basin
- Pattern
Use fabric round scrubber brush to apply paint to Styrofoam in large areas. Use flat shader brush for base coating beads or painting small areas.
Print out patterns of both size stockings. (You'll need 3 small and 3 large.)
- Cut out patterns and lay on Styrofoam sheet. Using marker, trace around patterns. Using Styro Cutter, cut out all stockings.
Small Stockings
Paint cuff area White. Let dry. Paint lower 2/3's Caterpillar. Let dry.
Paint toe and heel area Bright Red. Let dry.
Using liner brush, add Bright Red vertical and horizontal lines for plaid design.
Using palette knife or craft stick, apply Snow White Texture Paint to cuff on all sides. Let dry.
Using No. 4 round brush, dip into Christmas Green. Touch and lightly press onto surface to make a leaf on the right side of cuff. Repeat for a total of 3 holly leaves.
Dip stylus into Bright Red and dot in 3 berries along with holly leaves.
- Using Styro Cutter, burn a hole completely through cuff for inserting ribbon during assembly.
Large Stockings
Paint cuff area White.
Paint lower 2/3's Bright Red.
Using palette knife or craft stick, apply Snow White Texture Paint to cuff on all sides. Let dry.
- Using Styro Cutter, burn a hole completely through cuff for inserting ribbon during assembly.
Snowman on Large Stocking
Using Styro Cutter, cut round Styrofoam balls in half. You will only be using 3 of the halves. (Idea: Do 4th half and use as a pin or as an ornament.)
Push a toothpick through center of smooth side of 1/2 ball until 1/2-inch is showing through on curved side. This will allow you to have something to hold on to during the next step plus this will be the snowman's nose.
Cover half balls with Sparkle Texture Paint. Let dry.
Paint nose Pumpkin Orange.
Mix together a small amount of Bright Red with White for a pink color. Apply for snowman's cheeks.
Using dimensional paint, apply for eyes and dots for mouth (Practice on palette before applying to achieve small dots).
Cut the toothpick on the backside of the snowman head to 3/4-inch in length.
Add glue to flat side of each snowman and press a snowman onto center of each large stocking.
From sprig of holly or evergreen, cut small sections for "hat" and add to top of snowman. Glue a miniature pinecone to top of each snowman's head incorporating it into the greenery.
- From the 1/8" satin ribbon, tie 3 bows and secure under each snowman head with glass beaded pin.
Wood Beads
Paint beads in Caterpillar, White, and Bright Red.
- Using stylus, add dots in Caterpillar, White, and Bright Red. Be creative!
Make an 8-loop ribbon from the 5/8-inch wide ribbon and tie onto center of wired cording with 1/8-inch ribbon.
Cut 6-inch pieces from remaining 5/8-inch wide ribbon.
Put on a bead and then tie on a 6-inch piece of ribbon. Stagger with stockings that have a piece of 1/8-inch ribbon attached through hole on stocking.
- Create a loop at each end of garland by wrapping ends around garland approximately 3-inches from end.
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gant2 4981574
Sep 09, 2013
Where is the pattern?
Nov 05, 2012
Where is the pattern?? Went up & down & can't find the pattern. I would love to make this, but it would be nice to have the pattern. Probably could figure it out, but it would be nice to have the patterns
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text:
Event: Bollywood celebs Dia Mirza, Jackky Bhagnani, Anu Malik, Sajid Khan, Subhash Ghai and others were snapped on the sets of AJAB GAZABB LOVE at its mahurat shot.
Guest List: Dia Mirza, Jackky Bhagnani, Anu Malik, Sajid Khan, Subhash Ghai, Nidhi Subbaiah, Wajid Ali, Sajid Ali, Satish Shah, Kirron Kher, Darshan Jariwala
Date: 14-Apr-2012
Bollywood superstar Aamir Khan was snapped at Olive.
Bollywood celebs Amitabh Bachchan, Iulia Vantur, Himesh Reshammiya, Divya Khosla Kumar, Model Alankrita Sahai among others were seen at the launch of 'Aap Se Mausiiquii' music album.
Sizzling HOT Jacqueline Fernandez was snapped at Mehboob studio.
CHECK OUT Badri (Varun Dhawan) along with his Dulhania (Alia Bhatt) masti moments during Nickelodeon Kids' Choice Awards 2016.
Bollywood celebs Shah Rukh Khan, Deepika Padukone, Tiger Shroff, Divya Khosla Kumar, Shweta Pandit, Adah Sharma among others were seen at Nickelodeon Kids Choice Awards 2016.


text:
Schnitzel a La Holstein
Total Time
Prep 2 hrs
Cook 10 mins
There is a lot of German influence in the hill country of Texas and this is one of our favorite meals to have. I have to squeeze lots of fresh lemon on my schnitzel. We love this dish with spaetzle. I have that recipe posted too.
Ingredients Nutrition
- 4 -6 large veal cutlets, pounded to about 1/8 inch thick
- 1⁄2 cup all-purpose flour, seasoned with
- salt & freshly ground black pepper
- 2 eggs, beaten
- 1⁄2 cup breadcrumbs
- 4 tablespoons butter or 4 tablespoons margarine or 4 tablespoons vegetable oil
- capers, drained
- anchovy fillet (1 or 2 per cutlet)
- fried egg (1 per cutlet)
- lemon wedge
- Coat the veal cutlets lightly with flour mixture, dip in the beaten.
- eggs, and then coat with bread crumbs. Refrigerate for 30 minutes to.
- 2 hours. Heat the butter in a large heavy skillet over moderate heat.
- and cook the cutlets 3 to 4 minutes per side, until browned, adding.
- more butter if necessary. Top with capers, anchovy fillets, fried.
- eggs, and serve with lemon wedges.
- variations:.
- If desired these combinations may be substituted.
- Sauteed onions & peppers.
- German brown meat sauce.
- Sauteed onions, peppers & tomatoes (my fave).
- **Pork loin or pork loin roast may be used instead of veal. Pounded flat**.
Most Helpful
Great schnitzel! I had to use more than 1/2 cup of the flour and breadcrumbs and 3 eggs because my 4 cutlets were very large. And I opted to use sauteed onions and peppers as garnish. Delicious!
Schnitzel is one of my favorite things after preparing this dish for my family! Everyone else liked it as well so it is must try. The taste of the egg and capers with the lemon on top is perfect. I will be making this again for sure.


text:
Porto rua cidade da beira - Propriété (appartement, maison ou ferme) pour acheter ou louer
House or Villa - Oporto
Maison ou Villa V4+1, Porto, Lordelo do Ouro
Fantastic classic moth villa located in the most exclusive and peaceful residential streets of Oporto.
Characterized by the generously sized areas, combined with noble materials such as marble and wood.
From the living room we have the possibility to enjoy a pleasant terrace with absolutely wonderful and unalterable views over the Douro River.
With garden and patio with porch.
It is located about 10 minutes away from the traditional Ribeira, 5 minutes from the beaches of Foz and 15 minutes distance from Francisco Sá Carneiro International Airport.
- Surface: 440,00m2
- 834,00m2
- Référence: CS01346
- 5
- 4
Office - Oporto
Office, Porto, São Nicolau
Office located in a traditional building with an excellent location, in Oporto.
With two rooms turned over to the main streets of the historical area of the city.
Close to public transport network, local commerce and services.
It is located 2 minutes from the Ferreira Borges market, the traditional Ribeira and the beautiful S. Bento station, and 18 minutes distance from the Francisco Sá Carneiro airport.
- Surface: 80,00m2
- Référence: LS00596
- 1
- 1


text:
If you order artists' supplies online, as I do, then you know that quality is one thing; however, packing and shipping is another issue entirely. I trust Fredrix Linen canvases, and I trust MisterArt.com to get them to me without pokes or dents! I have NEVER received supplies from any company packaged as well as those that I receive from MisterArt.com! Thank You, MisterArt.com!!
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text:
The typical asking rate per listing is in the $0's per square foot per year. The Dale County region is experiencing a decline in rates. In the last 3 months, the median rate decreased $16 per sqft per year. That's a 100% decline in rent.
In the last 90 days, 0 listings have been posted online, which means listings might be leasing quickly. You'll want to be prepared to tour spaces as quick as possible. About NaN% of the office spaces in the Dale County are subleases, so you will probably need to consider the implications of signing a direct lease with the building. There aren't many listings below 2,000 square feet available, so finding a space for a small business might be tough.
The standard measurement for office space in this area is around sqft. Most properties in this market are around 1 stories. Most buildings in this area were built in 0 and are Class B.
Trends and status of the commercial real estate market in Dale County.
Market Report
Real time and historical data on commercial real estate listings in Dale County.


text:
Presentations about async-await
News about async-await
Microsoft Edge Get Extensions, Better JavaScript in Windows 10 Anniversary Update by David Iffland Posted on Aug 04, 2016
Python 3.5 Promises New Syntax Features by James Chesters Posted on Jul 14, 2015
Python 3.5 will Support Async/Await Asynchronous Programming by Sergio De Simone Posted on May 07, 2015 1
Thoughts on Unit Testing vs Ad-hoc Testing with Asynchronous Code by Jonathan Allen Posted on Aug 18, 2014
Async for .NET and Silverlight 4 by Jonathan Allen Posted on Apr 19, 2013
Asynchronous Gotchas in C# by Jonathan Allen Posted on Apr 17, 2013 1
Xamarin Introduces C# Async for iOS and Android by Jonathan Allen Posted on Mar 12, 2013
How to Await Just About Anything by Jonathan Allen Posted on Dec 18, 2012
Entity Framework, Async – In Mono! by Roopesh Shenoy Posted on Aug 17, 2012
Articles about async-awaitImproving Your Asynchronous Code Using Tasks, Async and Await by Dave Marini Posted on May 06, 2014
Dave Marini delves into the history of asynchronous programming on the .NET platform, tracing through the early days of the Asynchronous Programming Model to today's async/await patterns. 1
Research on async-await
How Do You Handle Async APIs and Callback Hell?
Asynchronous APIs are increasingly popular but they are more tedious to program than their synchronous counterparts. How do you handle asynchronous APIs and stay out of Callback Hell?
View research details


text:
Product Description
Benzara Wonderful Floral Themed Oil Painting ETD-EN18006
Upgrade the ambience of your living place by getting this alluring Oil Painting with floral themed artwork which will help you to deck up your walls in a creative way. Beautifully and intricately painted this oil painting has the attractive floral design which gives an elegant appearance. In multicolor hues this painting will blend well with any kind of interiors. It is made out of canvas material which appears fantastic. It is durable and even easy to clean and maintain. It can be hung on the wall of your living place as a decorative item which would surely enhance the appearance of your home decor. Your friends setting up their new home can be gifted this attractive and stunning Oil painting which would help them beautify their living place or even it can be gifted on other special occasions. This mesmerizing Oil painting, a well-made work of art is a good gifting option.
- Manufacturer: Woodland
- Brand: Benzara
- Category: Home Accent
- Finish: Multi Color
- Assemble Required: No
- Ship Type: Small Package
- Upc Code: 837303180067
- Weight: 18 Lbs
- Shipping Dimensions: 41L x 31W x 3H Inches, Weight: 20 Lbs
- Dimensions:
- Features:
- Product Measures: 30x40x1 inch
- Made out of Canvas
- In multi shades
Additional Information
Additional Information
|Free Shipping
|Delivery Type
|Fedex/UPS Drop off Delivery (If bought alone ) without Appointment / For large quantity, LTL Curbside Delivery with appointment
|Delivery Time
|2-3 Weeks
Product Tags
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text:
It has been fun writing this series and wrestling with the craziness of July and Mercury Retrograde. I love collaborating with Bryonie, and we thought it would be fun to pay homage to a popular theme on elephant as we wrap up.
As an aside, I know some people take issue with the word "girl" in these homages to Rosemary Urquico's Date a Girl Who Reads. In fact, when I wrote "How to Love a Girl Who Writes" there were a few commenters who were downright angry at me. Of course, I'm a woman. All of us beyond age 16 or so are women. But what about that irrepressible part of you that's just you, that girl part that often gets stifled and set aside as you grow up?
That part of you that bubbles up with exuberance and delight at the things you are passionate about? The girl part. I still have that—and I hope I always will.
So how do you love a girl who wants a life full of juice?
If you find a girl who juices, hold her close (but not too close in July, during Mercury Retrograde, because it's a million degrees out). Bring her dandelions—greens and all—and mint to add to her concoctions. Let her tell you all the things tumeric can do for you and what she can tell about your health by looking at your tongue.
What is it about juiciness that's so appealing? A girl who juices knows that life crashing down on us doesn't kill us. The times that stretch us and take us to our limits don't break us and don't have to make us bitter. The things that would seem likely to crush us just serve to rid us off all but what's essential.
Chances are, if you love a girl who juices, after a long, hot day, she may try to coax you into a bath, to soak with either apple cider vinegar or Epsom salts; don't fear—you won't smell like a salad, but you will come out of the tub feeling more alive then you have in years. It's almost as if she's reached into your heart and hit the reset button.
A girl who juices knows that sometimes, before we can go out in the world, we have to dive, deep down inside and settle what's within.
If you love a girl who juices, she will tell you which fruits are yin and will bring you out of your funk, and which will ground you when you're feeling scattered. She'll bring you cold delicious plums when you're overheated, and dark luscious kale when you're being a grump. She will make you watermelon salad for dinner, and feed it to you with her hands.
If you find her lying on the ground, don't be alarmed. She knows that there's something about lying in the grass looking up at the sky that we all need sometimes. She might take to wandering in the woods, and when it's hot she might just jump right in the lake. Juicy days require extra water, after all, but she'd love it if you came with her.
Keep her close, this girl of yours; it's likely she is made of the sun, moon and stars. She will feed you raspberries from her finger tips and share with you the secrets of her heart. Likely, a girl who juices will be fierce with her intentions and she will run and leap ahead with zest—there will be times, too, when she comes crashing down. Offer her, in moments like these, something that will quench her soul.
A girl who juices will want to explore the deep jungles of life and pick coconuts from the trees themselves. She'll sit with shamans and mystics (and learn that love is the only thing in this world that can save it)—and she'll match her breath with yours, as you move your bodies, side by side, mat to mat, sweating that which no longer belongs into the earth below.
She'll speak her mind, with kindness first, and if it feels like her words are stuck, then ask a girl who juices if she's a girl who writes, too. Chances are, her words have worked their way through her finger tips, a jar of juice to fuel her thoughts.
If you love a girl who juices—whether she's your lover, sister, friend or mother—you are blessed. For she knows that the most delicious parts of life are meant to be shared, and that after all the difficult things in life try to crush us, our sweetness and juice is what's left behind.
Follow the moment-by-moment details of our juicing adventures on Facebook, Instagram, Pinterest and Twitter with #kandbjuicecleanse.
Have any great juice recipes that make your heart beat quicker? We'd love to hear them!
Like elephant health & wellness on Facebook.
Photo: via Pinterest
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text:
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April 6, 2007
JASON CLARK,v.GEORGE DUNCAN, RESPONDENT.
[Re: Motion at Docket No. 31]
At Docket No. 31 petitioner Jason Clark has moved for a Certificate of Appealability under 28 U.S.C. § 2253 and FED. R. APP. P. 22. The standard for issuing a Certificate of Appealability is "reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Slack v. McDaniel, 529 U.S. 473, 484 (2000) (internal quotation marks omitted); 28 U.S.C. § 2253(c).
The issue presented by Petitioner on his appeal is that this Court erred in requiring Petitioner to establish that he was prejudiced by trial counsel's inadequate representation. Specifically, Petitioner argues that he should only have been required to show that he would not have entered a plea of guilty but for the ineffective assistance of counsel and that this Court erred in requiring that Petitioner show a reasonable likelihood that he would have been acquitted after a trial by jury, citing Panuccio v.Kelly, 927 F.2d 106 (2d Cir.1991).
Unfortunately for Petitioner Panuccio not only does not support his argument but, in fact, undermines it. In Panuccio, after noting that Panuccio's testimony that he would not have gone to trial was insufficient, the Second Circuit upheld the denial of a petition for a writ of habeas corpus seeking to set aside a guilty plea at least in part on the basis that the alleged ineffective assistance of counsel would not have altered the ultimate outcome at trial (927 F.2d at 109--10):
The standard of competency in turn determines whether the attorney had a duty to disclose the availability of the affirmative defense. In addition, our assessment of whether the defendant would have gone to trial but for counsel's errors "will depend largely on whether the affirmative defense likely would have succeeded at trial." Hill, 474 U.S. at 59, 106 S.Ct. at 371. It is worth noting that this prong of Petitioner, the inquiry is not satisfied merely by Panuccio's testimony that he would have gone to trial had he known of the defense, as Panuccio in effect argues, since a defendant's testimony after the fact "suffers from obvious credibility problems." Hooper v. Garraghty, 845 F.2d 471, 475 (4th Cir.), cert. denied, 488 U.S. 843, 109 S.Ct. 117, 102 L.Ed.2d 91 (1988).
We agree with the district court that there was a high likelihood that the intoxication defense would not have succeeded at trial and would have exposed Panuccio to significant additional punishment while only providing the potential for a reduction in prison time relative to the plea that was not substantial compared to the risks of proceeding to trial. Panuccio's counsel served adequately during the plea negotiations because he had no duty to disclose the intoxication defense under these circumstances. Panuccio was accordingly not denied his Sixth Amendment right to effective assistance of counsel. See Mitchell, 746 F.2d at 957; cf. id. at 954 (finding that defendant not prejudiced by counsel's omission); Ames v. New York State Division of Parole, 772 F.2d 13, 16 (2d Cir.1985) (same), cert. denied, 475 U.S. 1066, 106 S.Ct. 1379, 89 L.Ed.2d 605 (1986).
As in Panuccio, this Court was "not satisfied merely by Panuccio's testimony that he would have gone to trial had [counsel investigated or pursued his Fourth Amendment claim]," instead looking further at the likelihood that the outcome at the trial would have been different. Not only was the standard employed by this Court consistent with Panuccio, but was dictated by it as well as other authority. E.g. Kimmelman v. Morrison, 477 U.S. 365, 375 (1986) ("Where defense counsel's failure to litigate a Fourth Amendment claim is the principal allegation of ineffectiveness, the defendant must also prove that his Fourth Amendment claim is meritorious and that there is a reasonable probability that the verdict would have been different absent the excludable evidence in order to demonstrate actual prejudice."); Mosby v. Senkowski, 470 F.3d 515, 519 (2d Cir.2006) ("Because Mosby's ineffective assistance claim is based on counsel's failure to raise Fourth Amendment issues, he must also show 'that his Fourth Amendment claim is meritorious and that there is a reasonable probability that the verdict would have been different absent the excludable evidence.'" (quoting Kimmelman)). Plainly, this Court committed no error of law as Petitioner has the burden of establishing both elements of the Stickland test. United States v. Gaskin, 364 F.3d 438, 468 (2d Cir.2004); Chang v. United States, 250 F.3d 79, 84 (2d Cir.2001).
Petitioner argues, in effect, that this Court erred in finding the evidence of his guilt to be overwhelming on the basis of his confession and the statement of his co-defendant. Petitioner contends the confession was coerced and he "fully intended to advise the jury of the circumstances under which the statement was obtained." He further contends he intended to attack the credibility of his co-defendant's statement on the basis that it was provided to the police with the understanding that he [the co-defendant] would receive a substantially reduced sentence for his cooperation.
Nowhere in the proceedings or the record before this Court is there any evidence that would support his contention that the confession was coerced. He did not raise this issue before the state courts and, most notably, he has never raised the issue before this Court. Moreover, Petitioner has not contended at any point that counsel was ineffective by failing to investigate or pursue suppression of the confession as coerced or involuntary. On the record before it, the Court assumed that the confession was voluntary. Because the Court "must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance," Henry v. Poole, 409 F.3d 48, 63 (2d Cir.2005) (quoting Strickland, 466 U.S. at 689), the Court also presumed that defense counsel investigated the facts, evaluated them, and ascertained there was no reasonable probability of success on the merits. The Court deemed Petitioner's post hoc assertions as to his intent at trial insufficient to establish prejudice.
Based on these facts, this Court was convinced that Petitioner would not have had sufficient confidence in his ability to convince the jury to disregard the confession, which was corroborated by his co-defendant, to hazard a jury trial. On the other hand, this Court also found that Petitioner received no benefit from entering a guilty plea: he could not have been convicted of any crimes other than those to which he pled and he received the maximum sentence he might have received after a jury trial. This markedly distinguishes this case from Davis v. Greiner, 428 F.3d 81 (2d Cir.2005), in which the Court of Appeals, despite its misgivings about the finding of no prejudice and denial of relief where the petitioner sought to have a guilty plea withdrawn, affirmed that finding in part because of the generous terms Davis was offered as part of a plea bargain. While reasonable jurists could not disagree on the law, reasonable jurists could reasonably disagree on whether the facts support a finding that he would have nonetheless entered a guilty plea and not taken his chances before a jury.
Fore the foregoing reasons, Petitioner's Application for Certificate of Appealability from the District Court at Docket No. 31 is GRANTED on the issue of whether Petitioner suffered prejudice as a result of the deficient performance of trial counsel in either failing to fully investigate the circumstances surrounding the search or, having fully investigated it, failed to pursue a motion to suppress.
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Is this a Thai restaurant?
Is this restaurant good for scenic view?
Is this restaurant good for bar scene?
Does this restaurant offer highchairs for toddlers?
Is this restaurant good for lunch?
Is this restaurant good for dinner?
Does this restaurant accept reservations?
Is this restaurant good for breakfast?
Does this restaurant offer delivery?
Is this restaurant good for local cuisine?
Thanks for helping!
Really tasty food and a welcome change from the mainly fried local food. Everything tasted fresh and was as good a fish curry as I've had.
I recommend this to all who are visiting Boca Town. It is well worth the time and you will have an enjoyable event. Great location, service, food, and drinks.
Strangely, the best food in Bocas is Om Cafe's butter chicken... everything we tried was delicious, and the drinks are strong and tasty. Definitely worth the visit
We stopped into om during a downpour and sat out under the covered part of their deck for their appetizer sampler and a few cocktails. The food was so good, I wish we had had the time to return for a full meal. Very cute decor and good service
From the moment I walked in, I was greeted by the gracious host and owner (Sunanda) which set the tone as the whole dining experience was the best I've had in Bocas. The food is A M A Z I N G, I ate at the restaurant three times !!! And had Chicken Tikka; Fish Masala; Five Spice Chicken plus...
We were constantly surprised by the diverse culinary scene in Bocas Town and OM was no exception.
We've had some really good indian food in our lives (from Texas all the way to India itself) and while I must admit it was a little different than what we're used to, it was still creative, delicious and surprisingly well-done for an...
We love everything about this place ! It has the most beautiful decoration, staff is very courteous and kind.
Love the open kitchen, the ocean deck and the beautiful music they play. We ordered chaana masala, fish tandoori, and fatoush salad.
It was all superb ! The freshness and the spices exceeded our expectations. Also we had the maracuya maravilla...
I had a very nice Butter chicken curry, very authentic with a perfect amount of spice. Beautiful location over the sea and a cosy atmosphere with great decor.
However the customer service wasn't great.
Good Indian-like food (eg. curry). Restaurant located close to the water and adjacent to travel agency when you can buy a water tour around archipelago including 2 hrs visit on Cayo Zapatilla, small islet with sandy beach.
Pad Thai not good. Tasted like peanut butter paste. Great atmosphere. Wouldn't go back. Very disappointing.
Own or manage this property? Claim your listing for free to respond to reviews, update your profile and much more.


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United States District Court, D. New Jersey, Vicinage of Newark
January 23, 2014
TOMAS LOZADA, JR., Plaintiff,v.ANTHONY CASALE, et al. Defendants.
JOHN J. HOFFMAN, ACTING ATTORNEY GENERAL OF NEW JERSEY, Eric S. Pasternack, Deputy Attorney General, Trenton, New Jersey, Attorney for the Defendants, The Middlesex County Prosecutor's Office, and Middlesex County Prosecutor Bruce Kaplan
FAITH S. HOCHBERG, District Judge.
This matter having been opened to the Court by John J. Hoffman, Acting Attorney General of New Jersey, by Eric S. Pasternack, Deputy Attorney General, appearing for Defendants, the Hudson Vicinage Probation Division and Child Support Unit Case Manager, Anthony Casale, Andrea Genova, and Rosanne Lomolino; and the Court having read and considered the papers submitted; and having heard oral argument, if any; and for good cause shown;
IT IS on this 23rd day of January, 2014,
ORDERED that the motion filed on behalf of the Defendants to extend time to Answer or otherwise plead is granted; and it is further;
ORDERED that the Defendants shall have thirty (30) days from receipt of this Order to Answer or otherwise plead; and it is further
ORDERED that a copy of the within Order be served upon all parties within seven (7) days from the date hereof; and it is further
ORDERED that Plaintiff's requests for entry of default and motion for default judgment are DENIED AS MOOT.
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Friday, April 8, 2016
Art Force Giveaway!
Today we are excited to bring you an giveaway to hang on your wall! Art Force is offering one of our lucky readers a high resolution framed print as large as 16x20!
Want to know more about Art Force?
"We believe artwork is an asset providing an intrinsic return on investment (ROI). When carefully selected, framed and installed, artwork has the ability to serve many valuable functions that far exceed decoration. Your organization's environment is a reflection of who you are and what you value; painting a picture of your mission through art not only enriches the brand experience, but we feel it drives prolonged brand trust and loyalty."
Interested in winning a free 16x20 piece of art? Enter to win:
14 comments:
- Wendy said...
I like the nature close up 1. The lighting is amazing and it makes me feel fresh and invigorated.
- April 8, 2016 at 11:56 AM
- Tracy K Nixon said...
I would choose print #604 - such a beautiful view! All prints are lovely!
- April 8, 2016 at 12:31 PM
- Pavla W. said...
I would definitely choose the close up #501. So peaceful!
- April 8, 2016 at 12:46 PM
- rachel said...
Love that water & tree print! Gorgeous!
- April 8, 2016 at 3:52 PM
I would pick # 503 just lovely!
- April 8, 2016 at 6:28 PM
The nature close up print is beautiful.
- April 9, 2016 at 2:33 AM
- The Mauermans said...
One of the shoreline pics!
- April 9, 2016 at 12:20 PM
- Jessica said...
I would chose the #505 print
jessicarwarfield at gmail dot com
- April 9, 2016 at 1:40 PM
- Elaine Holuk-Maginley said...
I love the ocean and the close up equally. I agree that Art is important in our everyday lives.
- April 9, 2016 at 4:59 PM
I like #605, but I generally like trees the best.
- April 9, 2016 at 8:11 PM
- Jenny Reeves said...
I would choose any image with water in it
- April 11, 2016 at 9:41 AM
- abby said...
i like city space images..
- April 11, 2016 at 10:06 AM
- Chloe said...
- This comment has been removed by a blog administrator.
- April 12, 2016 at 11:26 AM
- Neeva.in said...
- This comment has been removed by a blog administrator.
- April 16, 2016 at 4:26 AM
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Adore Me
New York, New York, United States
Adore Me is a fast-fashion brand of women's intimates, specializing in lingerie, swimwear, sleepwear, and accessories. Members shop a digital showroom that is stocked with new designs each month based on a quiz about their personal style. A free VIP membership offers special perks and discounts, like $10 off your purchase and every 6th set is free!
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United States District Court, E.D. California
April 6, 2015
DESHAWN MITCHELL, Plaintiff,v.SERGEANT M. JONES, et al., Defendants.
ORDER IN RESPONSE TO DEFENDANTS' NOTICE OF RELATED CASES (Doc. 36.) ORDER CONSOLIDATING CASES ORDER FOR
CLERK TO CONSOLIDATE CASE NO. 1:15-cv-00467-DLB-PC WITH THIS CASE ORDER FOR
1:11-cv-00099-LJO-GSA-PC, WITHIN THIRTY DAYS
GARY S. AUSTIN, Magistrate Judge.
Deshawn Mitchell ("Plaintiff") is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds on Plaintiff's original Complaint, filed on January 20, 2011, against defendant Sergeant M. Jones ("Defendant") for subjecting Plaintiff to adverse conditions of confinement in violation of the Eighth Amendment.[1] (Doc. 1.) Defendant filed an Answer to the Complaint on August 7, 2014, and this case is presently in the discovery phase. (Docs. 32, 34.)
On March 25, 2015, Defendant filed a notice of related cases. (Doc. 36.)
Defendant contends that this case is related to case 1:15-cv-00467-DLB-PC, [2] Deshawn Mitchell v. Sergeant Matt Jones, because the cases have the same or similar facts and claims. Defendant asserts that in both cases, Plaintiff Deshawn Mitchell (K-70241) asserted identical claims regarding an incident on June 5, 2010, wherein Defendant Jones allegedly violated Plaintiff's First Amendment rights. Defendant asserts that in the instant case, the court screened out Plaintiff's First Amendment claim, and Plaintiff agreed to proceed only on the cognizable Eighth Amendment claim against Defendant Jones. (Doc. 11 at 5:22-25, 6:19-27; Doc. 13.)
Defendant asserts that Plaintiff re-filed his First Amendment claim in the Kings County Superior Court on September 19, 2014, and on March 24, 2015, defendant Jones removed the case to this federal district court [where it was opened as case 15-cv-00467-DLB-PC]. Defendant asserts that Plaintiff's claim in the removed matter is identical to his dismissed claim in this action and thus, both cases require the determination of identical questions of law and fact. In addition, Sergeant Jones is the only remaining defendant in the instant matter and the only defendant in the case removed from the Kings County Superior Court. Defendant argues that these cases should be assigned to a single judge to avoid inconsistent rulings and duplication of judicial resources.
A. Analysis
The court has reviewed the Complaints in both actions and finds that the two cases are related and should be consolidated.
Consolidation - Legal Standard
"If actions before the court involve a common question of law or fact, the court may consolidate the actions." Fed.R.Civ.P. 42(a)(2). Consolidation may be ordered on the motion of any party or on the court's own motion whenever it reasonably appears that consolidation would aid in the efficient and economic disposition of a case. See In re Air Crash Disaster at Florida Everglades on December 29, 1972, 549 F.2d 1006 (5th Cir. 1977). The grant or denial of a motion to consolidate rests in the trial court's sound discretion, and is not dependent on party approval. Investors Research Co. v. United States Dist. Ct., 877 F.2d 777 (9th Cir. 1989); Cantrell v. GAF Corp., 999 F.2d 1007, 1011 (6th Cir. 1993). In determining whether to consolidate actions, the court weighs the interest of judicial convenience against the potential for delay, confusion, and prejudice caused by consolidation. Southwest Marine, Inc., v. Triple A. Mach. Shop, Inc., 720 F.Supp. 805, 807 (N.D. Cal. 1989).
(This Case) 1:11-cv-00099-LJO-GSA-PC
Plaintiff filed this case on January 4, 2011 at this court. The case now proceeds with the original Complaint against sole defendant Sergeant M. Jones, based on events occurring at the California Substance Abuse Treatment Facility and State Prison (SATF) in Corcoran, California, when Plaintiff was incarcerated there. Included in the Complaint is an incident occurring on June 5, 2010, in which Plaintiff alleges:
"On June 5th of 2010 Defendant M. Jones appeared at Plaintiff's cell and addressed Plaintiff in a very loud tone so other prisoners would hear Defendant M. Jones speaking to Plaintiff. Defendant M. Jones stated Since you want to continue to write grievances against me and my staff I'm going to make sure that all of the active Crips in Ad-Seg housing know you are nothing but a snitch and a Sensitive Needs Yard bitch to make sure you will never be able to walk on another General Population Yard again.'" (Case 1:11-cv-00099-LJO-GSA-PC, Complaint, Doc. 1 at 7:14-24.)
(Related Case) 1:15-cv-00467-DLB-PC
The related case was initiated by civil complaint filed by Plaintiff in the Kings County Superior Court on September 19, 2014 (Case #14-C0336). On March 24, 2015, sole defendant Sergeant Matt Jones removed the case to federal court under 28 U.S.C. § 1441(c). The Complaint names only one defendant, Sergeant Matt Jones, and is based on only one event, which allegedly occurred on June 5, 2010 at SATF, when Plaintiff was incarcerated there. Plaintiff alleges:
"On June 5, 2010 Defendant Sergeant Matt Jones appeared at Plaintiff's cell and addressed Plaintiff in a loud tone so other prisoners would be able to hear Defendant Sergeant Matt Jones speaking to Plaintiff. Defendant Sergeant Matt Jones stated Since you want to continue to write grievances against me and my staff I'm going to make sure that all of the active Crips in Ad-Seg housing know you are nothing but a snitch and a Sensitive Needs Yard bitch to make sure you will never be able to walk on another General Population Yard again.'" (Case 15-cv-00467-DLB-PC, Complaint, Doc. 2 at 6:6-15.)
It is plain from a reading of the allegations that the June 5, 2010 incident described in both cases is the same incident. Both cases now proceed against the same sole defendant, Sergeant M. Jones, and common questions of law and fact appear to exist in these actions. The discovery issues in these actions will be identical in each case with respect to the June 5, 2010 incident. Consolidating these actions will avoid unnecessary costs incurred due to identical discovery and motion practice occurring in separate actions.
It is in the interest of judicial economy to avoid duplication by consolidating these actions for all purposes. Consolidation will conserve judicial resources and the resources of the parties by addressing identical issues in a single case. It serves judicial economy to "avoid the inefficiency of separate trials involving related parties, witnesses, and evidence." E.E.O.C., 135 F.3d at 551.
Consolidation of these actions will not cause a delay, and in fact may expedite the case because service of process upon defendant Jones in this case has been completed. There is little risk of confusion due to the consolidation of these actions, as the same facts concerning the same defendant are found in both cases, and Plaintiff shall be granted leave to file a consolidated complaint and proceed in one action. Finally, the Court can discern no prejudice to any of the parties by consolidating these actions, and consolidation will avoid the danger of having inconsistent verdicts in the related cases. The factors considered weigh in favor of consolidating these actions for all purposes.
Plaintiff shall be granted leave to file an amended complaint in the consolidated action, including all claims against defendant Jones and any other related claims Plaintiff believes to be cognizable. The amended complaint shall supercede Plaintiff's original complaints, and the court shall screen the consolidated complaint and issue a new screening order before defendant Jones is required to file an Answer.
Based on the foregoing, IT IS HEREBY ORDERED that:
1. The Clerk's Office is directed to consolidate Case No. 1:15-cv-00467-DLB-PC, Mitchell v. Jones, with this case.
2. This case, Case No. 1:11-cv-00099-LJO-GSA-PC, shall be designated as the lead case, and Case No. 1:15-cv-00467-DLB-PC shall be closed;
3. From this date forward, the parties shall use Case No. 1:11-cv-00099-LJO-GSA-PC on all documents submitted to the court for the consolidated case;
4. Plaintiff is granted thirty days from the date of service of this order in which to file an amended complaint in the consolidated case, using Case No. 1:11-cv-00099-LJO-GSA-PC and including all of the claims upon which Plaintiff wishes to proceed, as instructed by this order;
5. The Clerk's Office is directed to:
1. Close Case No. 1:15-cv-00467-DLB-PC;
2. Docket and serve this order in both cases, Case No. 1:11-cv-00099-LJO-GSA-PC and Case No. 1:15-cv-00467-DLB-PC; and
3. Send Plaintiff an amended complaint form.
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April 22, 2002
STATE OF NEW JERSEY, PLAINTIFF,v.FRED NEULANDER, DEFENDANT-RESPONDENT.IN RE APPLICATION OF PHILADELPHIA NEWSPAPERS, INC., INTERVENOR-APPELLANT.
This matter having come before the Court on a grant of leave to appeal from the Superior Court, Appellate Division's affirmance of interlocutory orders entered by the trial court on July 18, 2001, August 31, 2001, November 14, 2001, and November 16, 2001, which orders, inter alia, prohibited (1) the identification of any juror in any publication, and (2) all media representatives from contacting or attempting to interview any juror pending the entry of a verdict, at which time petitioners would be permitted to apply for a relaxation of the prohibition,
And the Court having reviewed the record, the briefs of the parties, and the oral argument of counsel,
And the Court having concluded that defendant's right to a retrial by a fair and impartial jury mandates that counsel should not receive pretrial insights into the juror deliberations from the first trial and that no less restrictive alternative than barring juror interviews until completion of the trial will achieve that objective, see Press Enterprise Company v. Superior Court of California for County of Riverside, 478 U.S. 1, 14, 106 S.Ct. 2735, _____, 92 L.Ed.2d 1, 13-14 (1986),
And the Court having determined that the interests of justice require it to issue an Order disposition with opinions to follow in due course,
And good cause appearing;
IT IS ORDERED that the orders of the Superior Court, Law Division, are modified and affirmed, as follows:
1. Paragraph 13 of the order of July 18, 2001, is vacated to the extent that it restrains the use of juror identification information that is part of the public record of these proceedings; and
2. Paragraph 15 of the order of July 18, 2001, as modified by the trial court in the order of August 31, 2001, is further modified to extend its application only until conclusion of the retrial and the return of the verdict; provided, however, that the prohibitions imposed by said paragraph shall apply as well to communications between the media and jurors, including discharged jurors, that might otherwise be initiated by jurors.
WITNESS, the Honorable Deborah T. Poritz, Chief Justice, at Trenton, this 22nd day of April, 2002.
JUSTICES STEIN, COLEMAN, VERNIERO, LaVECCHIA, and ZAZZALI join in the Court's Order.
CHIEF JUSTICE PORITZ and JUSTICE LONG concur in the majority's conclusions with respect to ¶13 of the July 18, 2001, order, but dissent from the remainder of the Court's order. They would hold that ¶15 constitutes a prior restraint in violation of the First Amendment to the United States Constitution and would permit juror interviews by the media at the discretion of the juror. A change of venue, coupled with a searching voir dire of prospective jurors at defendant's retrial, in the view of the dissenting Justices, would provide a less restrictive alternative to the prohibitions in the Court's Order.
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The staffs were great in their service. Room was decent with all the facilities. The breakfast was delightful.
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I had a decent stay in this place. There were no complaint with the management. My room, the room service & the food were all basic. It was value for money.


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About the author
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Blogs I Follow
Tag Archives: Relationships
Dating with Soul
This quote was true for my dating life for quite a long time. Groundhog day. Like banging my head against a brick wall. Wondering why things never worked out. Wondering where I was going wrong. Wondering why I kept being … Continue reading
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How I fell in love
It began with me – with falling in love with myself. I know that's a cliché, that you've heard it before, read it in some glossy women's magazine. But that's where I had to start. I really couldn't accept and … Continue reading
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Finding Our Voice
"I intentionally get myself in situations beyond my ability and then rise to them" This is an affirmation I picked up from a book I'm reading and working through – Barbara Stanny's Overcoming Underearning. It feels fitting for today, as … Continue reading
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For some of you, it'll seem quite bizarre that I'm having these feelings and writing this post at the grand, middle-age of 45. Others, I know, will understand. Some of you have already had years belonging to your own family … Continue reading
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