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Nearly 2,500 people visited downtown Lancaster for Saturday's Christmas in the City festivities, which included the Artisans Holiday Market, trolley rides, music and pictures with Santa.
"Bringing people together and having a good time downtown gets you in the Christmas spirit," said Joe Timmons, the city's events and promotions manager. "That's the most important thing – to get people in the Christmas spirit."
KERSHAW – The 1966 Kershaw Eagles are celebrating their golden anniversary football season which earned gridiron gold.
A flock of former Eagles of the Class B state championship team recently gathered at the Kershaw Recreation Center to remember and savor the special football season under the late coach Bill Few.
Stores loaded up on sale merchandise for Friday's traditional Black Friday crush, and customers reported smooth shopping with manageable lines through much of the day, compared to previous Thanksgiving weekends.
At Lancaster's Walmart, the checkout lines were relatively short through the morning, but the electronics department had a lot of traffic, and plenty of televisions left from the big sale that started the night before.
Nearly 30 members from the Lancaster, Leaf & Petal and Green Gardeners garden clubs joined together Tuesday morning to decorate the outside of the Historic Courthouse on Main Street. Each member brought a bag of greenery and the group worked to make garland, bows and wreaths.
The Indian Land economic magnet keeps pulling in big catches, accelerating the job-creation momentum that has made it one of the state's fastest-growing areas over the past several years.
CompuCom's planned headquarters relocation and call center, which together will employ 1,500 within five to seven years, would make it the county's third-largest employer, after Red Ventures and the Lancaster County School District.
HEATH SPRINGS – Heath Springs is getting a hospitality tax Jan. 1. The only question is how much it will be.
That decision is left up to town council. Unlike the local option sales tax, the hospitality tax does not require voter approval.
The amount could be 1 percent that goes to the county, 2 percent split with the county or 2 percent that the town keeps. But it's going to be at least 1 percent.
SALUDA – Malik Brooks and the second-ranked Saluda Tigers just keep flowing in the Class AA Upper State football playoffs.
The SHS Tigers, led by senior ace running back Brooks, were just a little too much for the visiting Andrew Jackson Volunteers in a 28-12 Class AA Upper State second-round win at Saluda's Bettis Herlong Stadium on Friday night.
Here's a quick recap of what you may have missed this weekend. The holiday season kicked off downtown, prep basketball has begun and the Mike Kersey Memorial wrestling tournament was held Saturday. Obituaries include Freddie Burton Ackerman Jr. and Little G. "Bill" McManus.
Rep. Mick Mulvaney met with Donald Trump on Monday in New York, and several national news outlets described him as a serious contender for director of the Office of Management and Budget.
Mulvaney, the 5th District Republican from Indian Land, declined comment on the substance of the meeting Monday, and neither he nor Chief of Staff Al Simpson of Lancaster responded to requests for comment Tuesday.
From release
S.C. fire officials have lifted the statewide outdoor-burning ban that they imposed Nov. 19, but Lancaster County will keep the ban in effect here until conditions improve.
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November 9, 2012
ZAFAR SHEIKH, PLAINTIFF,v.DAVID RABIN ET AL.,DEFENDANTS.
Plaintiff Zafar Sheikh wanted to build a house on four adjoining lots that he owns in Highland Park, Illinois. Defendants David Rabin, Debbie Rabin, Hedy Berrocal, Daniel Kolleng, Luke Migala, Joel Kagan, William Schoenwald, Michael Lickerman, and Oded Orbach (collectively "Defendants") live next to or near Plaintiff's lots and opposed his plans. According to Plaintiff, upon learning that Plaintiff wanted to build a house on his lots, Defendants did whatever was necessary to keep him from obtaining the permits that he needed to build, and they did so, Plaintiff claims, because of his race, religion, and national origin.
In 2011, proceeding pro se, Plaintiff sued his would-be neighbors. In his first amended complaint, Plaintiff claimed that Defendants violated (and conspired to violate) 42 U.S.C. § 1985(3) (count1), 42 U.S.C. § 3617 of the Fair Housing Act ("FHA") (count 2), state and federal hate crime laws (count 3), due process (count 4), and committed crimes under 18 U.S.C. § 241 (count 5) and under 18 U.S.C. § 1621 (count 6). Defendants moved to dismiss all counts, and the motions were granted. Counts 5 and 6 improperly asserted claims under criminal statutes. Count 1, under § 1985(3), was dismissed because Plaintiff failed to allege a violation of his federally protected rights. Count 4 claimed a due process violation without alleging state action. Counts 2 and 3 were dismissed because the complaint did not allege that Defendants acted in a way that violated the Fair Housing Act or an Illinois' hate crime statute, 720 ILCS 5/12-7.1(c). Recognizing Plaintiff's pro se status, the Court gave Plaintiff 21 days to file a motion for leave to amend if he thought he could cure the deficiencies the Court identified.
Plaintiff accepted the Court's offer and filed a motion for leave to amend [93] and (eventually) attached a greatly expanded proposed second amended complaint. The proposed complaint runs 174 paragraphs and asserts thirteen federal and state law claims. The question for the Court is whether that added bulk has improved Plaintiff's claims in substance. After carefully reviewing Plaintiff's allegations and the law governing each of his federal claims de novo, the Court concludes that the latest version of his complaint does not state a federal claim. As clear as it is from Plaintiff's allegations and many claims that he is extremely upset about his inability to build a house on his lots, it is equally clear that - no matter how generously the Court reads his complaint - he has not stated a federal claim against these Defendants. For the reasons stated below, the Court therefore respectfully denies Plaintiff's motion to amend [93]. The Court wants to emphasize, however, that its conclusion about Plaintiff's federal claims against these Defendants does not resolve his federal claims in a separate suit against the City of Highland Park and others, see Dkt. No. 1:11-cv-02334, and does not addreess and is not intended to prejudice any state law claims that he may wish to bring in state court against these Defendants.
I. Background
According to the proposed complaint, Defendants were led by Rabin, Orbach, and Kagan.
¶¶ 14-17. Plaintiff believes that Defendants improperly leveraged their "special relationships" with members of the zoning board, city council, and mayor to get their way. ¶¶ 19-20. Plaintiff asserts that Defendants' pressure ultimately convinced the city to reclassify his lots as corner lots that require wider setbacks and that it prevented Plaintiff from getting the approvals that he needed to consolidate his lots into one. ¶ 27-28.
Defendants also allegedly made knowingly false claims about his property - although the who, where, and when are often unclear. For instance, Plaintiff says that Defendants told the Zoning Board that his lots were a "swamp" and "un-buildable." ¶¶ 64, 130-32. According to Plaintiff, Defendant Kagan added that "I have substantial construction experience and I can tell you with 200 percent certainty that no house can be built on this lot as this lot has major flooding problems." ¶ 65. Defendant Orbach allegedly said that Plaintiff's lot "is just a big large gutter." ¶ 66.
Plaintiff did not get the variances and approvals that he needed to build. ¶ 68. And because Plaintiff could not build a house on his property, Defendants were able to continue using it for their own purposes. Specifically, Plaintiff alleges that Defendant Berrocal set up flower beds on Plaintiff's property and Defendant Rabin used it for barbeques. ¶¶ 42-44.
Plaintiff, a Muslim from South Asia, believes that Defendants disregarded his property rights and opposed his plans to build a house in their neighborhood because of his race, religion, and national origin. For instance, Defendant Rabin allegedly said at a zoning meeting that Plaintiff could live in a 12-inch wide house on his property and that wouldn't be a problem because "these kind of houses were quiet [sic] common in poor and undeveloped countries" and that if "people in these countries can live and survive in that kind of house, the Plaintiff should also be able to live and survive in it." ¶ 35. Another time (when and where, Plaintiff does not say), Defendant Orbach allegedly told Plaintiff that "our subdivision is all white and I don't think you will fit in here." ¶ 37. Defendant Kaplan allegedly yelled at Plaintiff at a Zoning Board meeting that "I don't want you here, I don't want you in my subdivision. We told you many times, why don't you listen." ¶ 38. Defendant Berrocal allegedly yelled repeatedly at Plaintiff and his family, saying things like "you are shameless people, why don't you leave us alone" and: "there are so many suburbs, why don't you live someplace else, where you will be at least close to 'your people.'" ¶ 39.
Most troublingly, Plaintiff alleges that Defendants' opposition to his plans included threats of violence. Plaintiff alleges (repeatedly) that Defendant Kagan told him that if he builds a house on his property, it would be burned down. ¶¶ 41, 55, 80, and 110. Plaintiff also claims that Defendant Orbach has an extensive arsenal and that, in retrospect, it seems that Orbach was making a death threat when he said to Plaintiff "I think you should not push too much and continue to insist on building a house here, as it may not turn out to be good for you." ¶ 53.
II. Legal Standards for Leave to Amend and Rule 12(b)(6)
Leave to amend a complaint should be freely given "when justice so requires." Fed. R. Civ. P. 15(a). However, it is settled that a district court may deny a motion for leave to amend when the amended pleading would be futile. Bethany Phamacal Co. v. QVC, Inc., 241 F.3d 854, 861 (7th Cir. 2001). An amended complaint is futile if it could not withstand a motion to dismiss. See Smart v. Local 702 Int'l Bhd. of Elec. Workers, 562 F.3d 798, 811 (7th Cir. 2009).
A motion to dismiss pursuant to Rule 12(b)(6) tests the sufficiency of the complaint, not the merits of the case. See Gibson v. City of Chicago, 910 F.2d 1510, 1520 (7th Cir. 1990). To survive a Rule 12(b)(6) motion to dismiss, the complaint first must comply with Rule 8(a) by providing "a short and plain statement of the claim showing that the pleader is entitled to relief," Fed. R. Civ. P. 8(a)(2), such that the defendant is given "fair notice of what the * * * claim is and the grounds upon which it rests." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). Second, the factual allegations in the complaint must be sufficient to raise the possibility of relief above the "speculative level," assuming that all of the allegations in the complaint are true. E.E.O.C. v. Concentra Health Servs., Inc., 496 F.3d 773, 776 (7th Cir. 2007) (quoting Twombly, 550 U.S. at 555). "[O]nce a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations in the complaint." Twombly, 550 U.S. at 563. The Court accepts as true all of the well-pleaded facts alleged by the plaintiff and all reasonable inferences that can be drawn therefrom. See Barnes v. Briley, 420 F.3d 673, 677 (7th Cir. 2005).
III. Analysis of Plaintiff's Federal Claims
A. Fair Housing Act (Counts 1 -- 3)
Plaintiff asserts that Defendants interfered with his use and enjoyment of his property because of his race (count 1), national origin (count 2), and religion (count 3) in violation of 42 U.S.C. § 3617 of the FHA, which makes it unlawful "to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by section 3603, 3604, 3605, or 3606 of this title."
In Bloch v. Firschholz, 587 F.3d 771, 781-83 (7th Cir. 2009) (en banc), the Seventh Circuit explained that § 3617 can be violated without an independent violation of sections 3603, 3604, 3605, or 3606. Moreover, § 3617 can be violated by a defendant's post-acquisition (that is, post-sale or post-rental) conduct. Id. at 781-83. In other words, § 3617 may be violated when a protected individual is coerced, threatened, intimidated, or interfered with on account of having exercised certain rights protected by the FHA, whether or not those threats amount to an independent violation of the FHA and whether or not that person is coerced, threatened, intimidated, or interfered with before or after they acquire or rent a particular property. Thus, to state a § 3617 claim, Plaintiff must allege that (1) he is a protected individual under the FHA, (2) he was engaged in the exercise or enjoyment of his housing rights, (3) Defendants coerced, threatened, intimidated, or interfered with Plaintiff on account of his protected activity under the FHA, and (4) Defendants were motivated by an intent to discriminate. Bloch, 587 F.3d at 783. "Interference is more than a quarrel among neighbors or an isolated act of discrimination, but rather is a pattern of harassment, invidiously motivated." Id. (internal citations omitted).
In this case, Plaintiff specifically alleges that Defendants interfered with his § 3604(a) and (b) rights or engaged in intimidation on account of his having exercised those rights. Section 3604(a) makes it unlawful "[t]o refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin." In cases where the plaintiff has not been denied a right to purchase or rent - in post-acquisition cases - this section provides a cause of action to those who have been constructively evicted because of their race, color, religion, sex, familial status, or national origin. Beyond constructive eviction, "courts have construed the phrase 'otherwise make unavailable or deny' in subsection (a) to encompass mortgage 'redlining,' insurance redlining, racial steering, exclusionary zoning decisions, and other actions by individuals or governmental units which directly affect the availability of housing to minorities." Bloch, 587 F.3d at 778 (quoting Southend Neighborhood Imp. Ass'n v. St Clair Cnty., 743 F.2d 1207, 1209 & n. 3 (citing cases)).
Section 3604(b) makes it unlawful "[t]o discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin." In post-acquisition cases, this subsection (like subsection (a)) applies to constructive eviction, Bloch, 587 F.3d at 779, but it also applies to discriminatory restrictions imposed by condo boards or homeowners associations. Id. at 780. According to Bloch, that would be discrimination in the "conditions" of sale or rental. Id.
There is no question that Plaintiff is a protected individual. Plaintiff has not alleged, however, that Defendants - as a group - acted as they did because of Plaintiff's race religion, or national origin. For instance, there are no religion-based allegations in Plaintiff's proposed amended complaint. The only race-based allegation is that Defendant Orbach said that the subdivision is "white" and that Plaintiff would not fit in. The other factual allegation of discriminatory intent involved national origin discrimination, when Defendant Rabin allegedly explained why he thought Plaintiff could live in a 12-inch wide house. That is some support for the claim that Defendant Rabin was motivated by an intent to discriminate, but that allegation about his intent does not extend to the entire group of Defendants. Plaintiff calls the Defendants an "Alliance," but that is just a label, and does nothing to make his claim that Defendants conspired to discriminate against him based on his race, religion, or national origin more plausible. Plaintiff cannot establish a conspiracy by pointing out that a group of neighbors opposed new, unexpected construction in their neighborhood. That opposition is not surprising; the Court does not need to insert a supposition of discrimination to explain it. As to the group of Defendants, then, Plaintiff's allegations do not suggest an intent to discriminate based on race, religion, or nation origin.
Plaintiff also has not plausibly alleged that Defendants, as a group, coerced, threatened, or intimidated him on account of his protected activity. The only allegation that suggests something more than a quarrel among neighbors is Defendant Kagan's initially rather shocking claim that he would burn down any house that Plaintiff built. The force of that claim, however, is blunted by the fact that Plaintiff had not built a house. Moreover, the closer one looks at Plaintiff's claim, the less plausible it becomes. The first time Plaintiff makes that allegation he states "Defendant Kagan said that even if the house gets built, it will be burned down." The second time Plaintiff refers to Defendant Kagan's "threats to burn the house if it ever got built." The last time Plaintiff makes the allegation, he softens it to a threat that his house "could be" burned down. From the complaint, then, it is not clear whether Plaintiff is alleging that Defendant Kagan made one threat or many, whether he said that he would burn down any house he built, or that whatever he built could be burned down.
Setting aside that confusion, however, what Plaintiff has alleged is some showing of discriminatory intent by Defendant Rabin and an upsetting (if hard to pin down) threat by Defendant Kagan. Taken together, Plaintiff has not stated a claim against any individual defendant, and he cannot draw on the neighbors' common opposition to his plans as evidence of a racist conspiracy. There is a difference between saying, effectively - or, in this case, literally - "not in my back yard," and opposing someone's plans to build a house because of their national origin. Liberally construing Plaintiff's pro se complaint, and taking all of its well-pled allegations as true, what Plaintiff has described is a "quarrel among neighbors" that involved, at most, "isolated acts of discrimination." Bloch, 587 F.3d at 783.
B. 42 U.S.C. § 1985(3) (Count 4)
Plaintiff claims that Defendants conspired to deprive him of civil rights in violation 42 U.S.C. § 1985(3). Under Section 1985(3), a claimant must allege "(1) a conspiracy (2) for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; and (3) an act in furtherance of the conspiracy; (4) whereby a person is either injured in his person or property or deprived of any right or privilege of a citizen of the United States." Quinones v. Szorc, 771 F.2d 289, 291 (7th Cir.1985) (citing United Brotherhood of Carpenters & Joiners Local 610 v. Scott, 463 U.S. 825, 828--29 (1983)). In other words, "a claim under § 1985(3) requires a racially motivated conspiracy to violate or interfere with a plaintiff's federally protected rights." Brown v. JP Morgan Chase Bank, 334 Fed. Appx. 758, 759 (7th Cir. 2009) (emphasis in original). If Plaintiff does not plausibly allege state action, the constitutional right at stake must be "one that is entitled to protection against anyone, rather that merely protection from impairment by a state." Cohen v. Illinois Institute of Technology, 524 F.2d 818, 828 (7th Cir.1975). Finally, the "complaint must indicate the parties, the general purpose, and approximate date of the agreement to form a conspiracy so that the defendant has notice of the charges against him." Estate of Sims ex rel. Sims v. County of Bureau, 506 F.3d 509, 517 (7th Cir.2007) (citation omitted).
Plaintiff asserts that Defendants worked so closely with Highland Park officials that they may be held accountable as state actors. Specifically, Plaintiff alleges that Defendants boasted that they were friends with members of City Council and the Zoning Board and that, essentially, they had the officials' attention and sympathy. But being friends with local officials and being a local official - or being counted as a state actor for the purposes of federal law - are very different. At its most basic level, the state action doctrine requires that a court find such a "close nexus between the State and the challenged action" such that the challenged action "may be fairly treated as that of the State itself," Jackson v. Metro Edison Co., 419 U.S. 345, 351, or may be "fairly attributable to the State." Rendell--Baker v. Kohn, 457 U.S. 830, 838, (1982). In Blum v. Yaretsky, 457 U.S. 991, (1982), the Supreme Court held that "a State normally can be held responsible for a private decision only when it has exercised coercive power or has provided such significant encouragement, either overt or covert, that the choice must in law be deemed to be that of the State." Id. at 1004.
The Supreme Court has provided several tests for evaluating the "range of circumstances" that might constitute state action. Brentwood Acad. v. Tenn. Secondary Sch. Ath. Ass'n, 531 U.S. 288, 295 (2001). According to the Seventh Circuit, the various tests can be categorized as (1) the symbiotic relationship test (satisfied when private and public actors carry out a public function); (2) the state command and encouragement test (satisfied when the state requires the actions of the private actor); (3) the joint participation doctrine (satisfied when the private action is the same as the state action); and (4) the public function test (satisfied when private activity is fairly attributable to the state)). Rodriguez v. Plymouth Ambulance Service, 577 F.3d 816, 823 (7th Cir. 2009).
Despite the nominal existence of these tests, the Seventh Circuit has made clear that its (and the Supreme Court's) precedents have "revealed that these cases do not so much enunciate a test or series of factors, but rather demonstrate examples of outcomes in a fact-based assessment." Hallinan v. Fraternal Order of Police of Chicago Lodge No. 7, 570 F.3d 811, 816 (7th Cir. 2009) (citing Brentwood, 531 U.S. at 295; Tarpley v. Keistler, 188 F.3d 788, 792 (7th Cir. 1999) ("All of the tests, despite their different names, operate in the same fashion: [ ] by sifting through the facts and weighing circumstances.")). In Hallinan, the Seventh Circuit collected examples of circumstances where action by a private party is properly attributed to the state:
Private action can become state action when private actors conspire or are jointly engaged with state actors to deprive a person of constitutional rights, Dennis v. Sparks, 449 U.S. 24, 27--28 (1980); where the state compels the discriminatory action, Adickes v. S.H. Kress & Co., 398 U.S. 144, 152 (1970); when the state controls a nominally private entity, Pa. v. Bd. of Dirs. of City Trusts, 353 U.S. 230, 231 (1957); when it is entwined with its management or control, Evans v. Newton, 382 U.S. 296, 299, 301, (1966); when the state delegates a public function to a private entity, Terry v. Adams, 345 U.S. 461, 484 (1953); West v. Atkins, 487 U.S. 42, 56--57 (1988); Edmonson v. Leesville Concrete Co., 500 U.S. 614, 628 (1991), or when there is such a close nexus between the state and the challenged action that seemingly private behavior reasonably may be treated as that of the state itself. Jackson v. Metro. Edison Co., 419 U.S. 345, 351 (1974). Hallinan, 570 F.3d at 815-16.
In this case, Plaintiff alleges that Defendants knew the relevant Highland Park officials and that the officials encouraged them in their efforts to deny Plaintiff the opportunity to build a house on the lots he bought in Highland Park. Those general allegations are insufficient to cast these Defendants as state actors. It should go without saying that private citizens can attend City Council and Zoning Board meetings, even many meetings, and advocate for a particular position without becoming state actors. And that is true even if the officials agree with the private parties lobbying them and let their agreement be known. At most, Plaintiff alleges that Highland Park officials sympathized and openly agreed with Defendants' views, but sympathy and agreement is not a sufficient nexus. See Moore v. Marketplace Restaurant, Inc., 754 F.2d 1336, 1352 (7th Cir. 1985) (bare allegations of conspiracy between a private party and state official insufficient to make private actor party a state actor for purposes of 42 U.S.C. § 1983).
Even though Defendants are not state actors, Plaintiff could still state a § 1985(3) claim if he plausibly alleges a private conspiracy to violate certain federally protected rights. Precisely which federally protected rights are predicates for § 1985(3) is not entirely settled. For example, district courts in the Seventh Circuit have held that a conspiracy to violate 42 U.S.C. § 1982 is actionable under § 1985(3), see, e.g., Bryant v. Polston, 2000 WL 1670938, at *7 (S.D. Ind. Nov. 2, 2000) ("Section 1982 provides a sufficient predicate for a Section 1985(3) claim."); Cotton v. Duncan, 1993 WL 473622, at *4 (N.D. Ill. Nov. 15, 1993) ("If a conspiracy is involved in the deprivation of section 1982 rights, section 1985(3) swings into play." (quoting Clark v. Universal Builders, 409 F. Supp. 1274, 1278-79 (N.D. Ill. 1976)), but, more recently, at least one court in this district has firmly rejected that position, see Comtel Technologies, Inc. v. Paul H. Schweindener, Inc., 2005 WL 433327, at *7 (N.D. Ill. Feb. 22, 2005) (§ 1985(3) covers private conspiracies, but only those that violate the Thirteenth Amendment).
Comtel's restrictive view is consistent with authority from the First, Sixth, and Tenth Circuits. See, e.g., Brown v. Philip Morris Inc., 250 F.3d 789, 806 (3d Cir. 2001) ("The great weight of precedential authority, however, supports the traditional limitation of § 1985(3) to questions of interstate travel and involuntary servitude and does not suggest that §§ 1981 or 1982 claims in general may form the basis of a § 1985(3) action."). More importantly, that view is consistent with a statement from the Seventh Circuit on the subject. Brokaw v. Mercer County, 235 F.3d 1000, 1024 n. 20 (7th Cir. 2000) ("While Section 1985(3) extends to private conspiracies, for a private conspiracy to be actionable it must affect the 'Thirteenth Amendment right to be free from involuntary servitude, and, in the same Thirteenth Amendment context, the right of interstate travel.'" (quoting Bray v. Alexandria Women's Health Clinic, 506 U.S. 263, 278, (1993)). The more restrictive view gives effect to the Supreme Court's warning that although § 1985(3) extends to some private conspiracies, it is not a "general federal tort law." Griffin v. Breckenridge, 403 U.S. 88, 102 (1971). It is also consistent with the familiar distinction between rights that can be violated only by the state (Fourteenth Amendment) and those that can be violated by anyone, including private actors (Thirteenth Amendment). See Cohen v. Illinois Institute of Technology, 524 F.2d 818, 828 (7th Cir. 1975). The Court, therefore, sees no reason to resist the statement in Brokaw, and concludes that private conspiracies are only actionable under § 1985(3) if they violate the Thirteenth Amendment, including the right of interstate travel.
In this case, Plaintiff alleges that Defendants' alleged conspiracy to violate the FHA gives him a cause of action under § 1985(3). That claim fails for a number of reasons. First, as just explained, Plaintiff has not plausibly alleged a violation of the FHA. Second, the FHA does not give rise to a cause of action under § 1985(3). Plaintiff also alleges that conspiracies to violate his rights under 42 U.S.C. § 1981, 42 U.S.C. § 1982, and the Thirteenth Amendment give him a § 1985(3) claim. But, like the FHA, § 1981 and § 1982 are not sufficient predicates for a claim under § 1985(3), and, as the Court will explain below, Plaintiff has not plausibly alleged a violation of the Thirteenth Amendment. See, infra, section III.F.
C. 42 U.S.C. § 1981 (Count 5)
Plaintiff alleges that Defendants violated 42 U.S.C. § 1981 by interfering with his ability to "enter into Contracts and Agreements with the City of Highland Park." ¶ 101. See Gonzalez v. Ingersoll Mill. Mach. Co., 133 F.3d 1025, 1034 (7th Cir. 1998) ("Section 1981 bars all racial discrimination with respect to making and enforcing contracts. 42 U.S.C. § 1981(a). In order to bring a section 1981 claim there must at least be a contract."). But zoning regulations are not contracts, and there is no issue in this case involving anything like a contract. Reichelderfer v. Quinn, 287 U.S. 315, 323 (1932) ("zoning regulations are not contracts by the government"). Plaintiff's proposed second amended complaint does not state a claim under § 1981.
D. 42 U.S.C. § 1982 (Count 6)
Plaintiff claims that Defendants' conduct violates § 1982, which provides that "[a]ll citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property." 42 U.S.C. § 1982. If Plaintiff has a claim under § 1982, it must be based on the theory that Defendants' conduct deprived Plaintiff of the right to "hold" his property - to use it the same way as a white person would - and not because he was deprived of a right to rent, buy or sell property. Several judges in this district have concluded that interference with holding property can violate § 1982. In James v. Village of Willowbrook, 2012 WL 3017889, at *11 (N.D. Ill. July 19, 2012), Chief Judge Holderman recently joined that group and helpfully collected several cases reaching that conclusion: Whisby--Myers v. Kiekenapp, 293 F. Supp. 2d 845, 849 (N.D. Ill. 2003) (Kennelly, J.) (§ 1982 claim asserted against neighbor who detonated flash simulator and shouted racial epithets at black homeowner is valid because "[w]e agree with those courts that have concluded that section 1982's protection of the right 'to hold' property includes the right to use one's property"); Johnson v. Smith, 810 F.Supp. 235, 237--38 (N.D. Ill. 1992) (Shadur, J.) (burning cross on lawn and breaking windows in home are sufficient to overcome motion to dismiss § 1982 claim); Stirgus v. Benoit, 720 F.Supp. 119, 122 (N.D. Ill. 1989) (Bua, J.) ("When a racially-motivated firebombing destroys a person's home, that person does not truly enjoy the same freedom to acquire and 'hold' property as a similarly situated white citizen.")).
There is good reason for this growing consensus. The Supreme Court explained that § 1982 protects "the right of black persons to hold and acquire property on an equal basis with white persons and the right of blacks not to have property interests impaired because of their race." Id. at *11 (quoting City of Memphis v. Greene, 451 U.S. 100, 122 (1981)). By its terms, § 1982 protects the right of all citizens to "hold" property as white people do, and not just the right to convey it. See Whisby-Myers, 293 F. Supp. 2d at 849. The Court agrees that each term of § 1982 should be given effect, and that the law therefore protects the use of property on equal terms. See id. (collecting cases from other circuits).
In this case, Plaintiff has alleged that he was deprived of his right to use his property because of his race. But as explained in the discussion of Plaintiff's FHA claims, Plaintiff has not plausibly alleged that he was discriminated against on the basis of race. Defendant Rabin's snide statements to the Zoning Board about how he could build a very small house do not suffice to state a claim. If the Zoning Board denied Plaintiff a variance because of his race, Plaintiff might have a claim against it. But that is not this case according to Plaintiff's own pleadings.
E. 42 U.S.C. § 1983 (Counts 7 & 10)
Plaintiff alleges that Defendants violated the Fourteenth Amendment by discriminating against him and violating his property rights under state law. The Court's best guess is that Plaintiff is attempting to state due process and equal protection claims against these Defendants under 42 U.S.C. § 1983. But § 1983 requires state action, see Hallinan v. Fraternal Order of Police of Chicago Lodge No. 7, 570 F.3d 811, 820 (7th Cir. 2009),and the Court has already explained why these Defendants cannot be considered state actors. See, supra, section III.A.2. Plaintiff's proposed second amended complaint fails to state a § 1983 claim.
F. Thirteenth Amendment (Count 11)
Plaintiff alleges that Defendants' efforts to keep him from building in on his lots violated the Thirteenth Amendment. This claim is a complete nonstarter. The Thirteenth Amendment states that "[n]either slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." It is intended "to cover those forms of compulsory labor akin to African slavery which in practical operation would tend to produce like undesirable results." United States v. Kozminski, 487 U.S. 931, 942 (1988) (quoting Butler v. Perry, 240 U.S. 328, 332 (1916)). Plaintiff's fight with these Defendants over Highland Park's zoning regulations and variances, no matter how motivated, "does not evoke in our minds the burdens endured by the African slaves in the cotton fields or kitchens of the antebellum south." Wright v. Clark County, Ind., 132 F.3d 37 (7th Cir. 1997) (quoting United States v. Bertoli, 994 F.2d 1002, 1022 (3d Cir.1993)). Plaintiff has no claim under the Thirteenth Amendment.
IV. Conclusion
For the reasons stated above, Plaintiff's motion for leave to amend [93] is respectfully denied. Plaintiff's federal claims are dismissed with prejudice. Plaintiff has also alleged state law claims for defamation (Count 8), slander of title (Count 9), intentional infliction of emotional distress (count 12), and trespass (count 13). "[I]t is the well-established law of this circuit that the usual practice is to dismiss without prejudice state supplemental claims whenever all federal claims have been dismissed prior to trial." Groce v. Eli Lilly, 193 F.3d 496, 501 (7th Cir. 1999); Alonzi v. Budget Constr. Co., 55 F.3d 331, 334 (7th Cir. 1995); Brazinski v. Amoco Petroleum Additives Co.,6 F.3d 1176, 1182 (7th Cir. 1993). Finding no reason to depart from that "usual practice" in this case, the Court declines to exercise supplemental jurisdiction over those claims and they are dismissed without prejudice. See 28 U.S.C. § 1367(c)(3); see also 735 ILCS 5/13-217; Davis v. Cook County, 534 F.3d 650, 654 (7th Cir. 2008) (discussing Illinois law giving Plaintiff one year from the dismissal on jurisdictional grounds of state law claims in federal court in which to re-file those claims in state court).
Robert M. Dow, Jr. United States District Judge
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August 26, 2010
ANTHONY LANIL MCCANTS, PETITIONER,v.JAMES WALKER, RESPONDENT.
I. Introduction
Petitioner is a state prisoner proceeding without counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is respondent's May 21, 2010 motion to dismiss. On July 9, 2010, petitioner was ordered to show cause for his failure to oppose respondent's motion. On July 27, 2010, petitioner filed an amended petition containing a response to the motion to dismiss. On July 28, 2010, petitioner filed a response to the show cause order as well as a request for extension of time to file an opposition to respondent's motion. Good cause appearing, the order to show cause is discharged.
On August 8, 2010, petitioner filed another request for extension of time to file an opposition to respondent's motion. Because petitioner's amended petition addresses the issues raised in the motion to dismiss, the requests for extension of time to file an opposition are denied as unnecessary.
After carefully reviewing the record, the undersigned recommends that respondent's motion be granted.
II. Discussion
On March 15, 2010, petitioner filed the original petition raising the following claims:
1) the trial court erred by failing to accept his stipulation regarding gang membership;
2) jury instruction error; 3) insufficient evidence; 4) the trial court erred in failing to exclude evidence regarding petitioner's gang moniker; 5) the trial court erred in admitting statements by two witnesses under the exception to the hearsay rule set forth in California Evidence Code § 1240.
Respondent argues that none of the claims raised in the original petition are exhausted. The exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). If exhaustion is to be waived, it must be waived explicitly by respondent's counsel. 28 U.S.C. § 2254(b)(3). Therefore, a waiver of exhaustion may not be implied or inferred. A petitioner satisfies the exhaustion requirement by providing the highest state court with a full and fair opportunity to consider all claims before presenting them to the federal court. Picard v. Connor, 404 U.S. 270, 276 (1971); Middleton v. Cupp, 768 F.2d 1083, 1086 (9th Cir.), cert. denied, 478 U.S. 1021 (1986).
Respondent argues that the only filing petitioner presented to the California Supreme Court was his petition for review on direct appeal. (Respondent's Lodged Document
1.) The petition for review raised one claim:
Where trial counsel objects to the admission of certain evidence on the basis that it is hearsay; the prosecution then asserts that it falls under a hearsay exception for spontaneous statements under Evidence Code section 1240; is defense counsel then required to object to the admission of the evidence under each and every element of evidence code section 1240?
The claim raised in the petition for review is the same as claim five raised in the original petition. However, the petition for review did not allege a constitutional violation in connection with this claim. To satisfy this requirement, a petitioner must "fairly present" the substance of his claim to the state court. Picard v. Connor, 404 U.S. 270, 275 (1971). "It is not sufficient to raise only the facts supporting the claim; rather, 'the constitutional claim . . . inherent in those facts' must be brought to the attention of the state court." Gatlin v. Madding, 189 F.3d 882, 887 (9th Cir. 1999); quoting Picard v. Connor, 404 U.S. at 277. "Neither is the exhaustion requirement satisfied by the mere circumstance that the 'due process ramifications' of an argument might be 'self-evident.'" Id., citing Anderson v. Harless, 459 U.S. 4, 7 (1982). "Instead, 'a claim for relief in habeas corpus must include reference to a specific federal constitutional guarantee, as well as a statement of the facts which entitle the petitioner to relief.'" Id., quoting Gray v. Netherland, 518 U.S. 152, 162-63 (1996). "If a habeas petitioner wishes to claim that an evidentiary ruling at a state court trial denied him the due process of law guaranteed by the Fourteenth Amendment, he must say so, not only in federal court, but in state court." Duncan v. Henry, 513 U.S. 364, 366, (1995) (per curiam).
Claim five of the original petition is not exhausted because petitioner did not reference a specific constitutional guarantee in his petition for review. Claims one through four are also not exhausted as they have not been presented to the California Supreme Court.
In the amended petition, petitioner raises the same five claims raised in the original petition as well as two new claims: ineffective assistance of counsel and ineffective assistance of appellate counsel. These two new claims are also unexhausted because they have not been addressed by the California Supreme Court.
Attached to the amended petition is a request by petitioner to stay this action pending exhaustion. Petitioner contends that he has filed a habeas corpus petition in the California Supreme Court and requests that this action be held in abeyance while he exhausts his claims in state court. On August 13, 2010, respondent filed an opposition to the request to stay. Respondent states that he has been unable to find any record of a habeas corpus petition filed by petitioner in the California Supreme Court.
This court is not authorized to stay a petition containing only unexhausted claims. See Calderon v. United States District Court (Taylor), 134 F.3d 981, 987-88 (9th Cir. 1998) (citing Fetterly v. Paskett, 997 F.2d 1295, 1301-02 (9th Cir. 1993)) (court has discretion to stay valid petition containing only exhausted claims); see Rhines v. Weber, 544 U.S. 269, 277 (2005) (court may stay mixed petition only under "limited circumstances"). Because all of the claims raised in the amended petition are unexhausted, the court does not have the authority to stay this action. Accordingly, petitioner's request for a stay should be denied and respondent's motion to dismiss should be granted.*fn1
Accordingly, IT IS HEREBY ORDERED that:
1. The order to show cause (Dkt. No. 16) is discharged;
2. Petitioner's motions for extension of time (Dkt. Nos. 18, 19) are denied as unnecessary;
IT IS HEREBY RECOMMENDED that:
1. Respondent's motion to dismiss (Dkt. No. 14) be granted;
2. Petitioner's request to stay this action contained in his amended petition (Dkt. No. 17) be denied.
These findings and recommendations will be submitted to the United States District Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days after being served with these findings and recommendations, petitioner may file written objections with the court. The document should be captioned "Objections to Findings and Recommendations." Petitioner is 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 (9th Cir. 1991).
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text:
Crate is easy to install everywhere, but feels especially comfortable in a containerized environment. Feels especially comfortable in Docker and can be managed with Docker tools, Kubernetes or Mesos.
Starting an instance on Docker is a one line command. Setting up a cluster fits into a tweet and is automatic and zero-config. Crate is the natural choice for applications that need data with a persistent state as the number of containers and services change.
How is Crate different than other databases running in Containerland?
Relational DBs can run in one container by making the database think it is not running in a container (using volume plugins). This works for one instance, but does not scale in a distributed environment, which is what containers were chosen for in the first place. Other NoSQL DBs can run in containers too, but their setup in production is often very complex, with multiple container types required.
Crate is simple to configure, scale and maintain. Make use of our Standard SQL syntax with its distributed power and use our client libraries to fit into existing applications.
Crate is masterless and its "shared nothing architecture" means that all nodes are equal. There are no roles or different containers, e.g. for data, replication, shards, config, backup etc. Crate just uses ONE container on each physical node, and you are done. If you have a very powerful machine (e.g. lots of RAM) you may also run multiple Crate containers on one machine.
This architecture makes it super simple to launch Crate (e.g. "docker pull crate") and of course to operate a production cluster. Crate automatically repairs node failures, container disappearance or re-appearance, and can just write to or read from any container in the cluster.
Crate is like an ether - an omnipresent, persistent layer for your data, serving all your app containers.
If you are up for a quick test, here is how you launch a 3 node Crate Cluster immediately on your notebook :-)
Crate works with the entire Docker ecosystem.
Move Crate clusters from development to production with Compose, Machine and Swarm.
If you're looking for somewhere to manage your production containers, the Docker Cloud will ensure that all Crate containers can communicate with each other, no matter where they're hosted.
Like Crate.io, Docker is a fully open-source company, working to make scaling applications easier.
Docker provides a comprehensive set of tools that make it straightforward for anyone to get started, another goal they share with Crate.io.


text: To get from Pescara a Casarano by train you can catch one of the 14 trains that everyday travel between Pescara Centrale and Lecce, the closest station to the city. The first train to Lecce leaves from Pescara Centrale at 03:12 and the last train departs at 19:40. If you choose a local train the trip lasts on average 04:00 hours. Tickets price depend on the departure time and train type, the most economic train ticket available this week is from € 29 to € 57. The most economic train is Frecciabianca () that departs at 16:43 and arrives in Lecce at 20:43 at € 29. On Wanderio you can compare all schedules, fares and railway companies to Lecce and book the best itinerary starting from Pescara Centrale.


text:
Ford recalls 680,000 cars; seat belts may not hold in crash
Ford is recalling more than 680,000 midsize sedans mainly in North America because the front seat belts may not hold people in a crash.
Ford is recalling more than 680,000 midsize sedans mainly in North America because the front seat belts may not hold people in a crash.
Friday's report from the Labor Department reflected a resilient job market that is helping drive the U.S. economy.
Former NFL player Joe McKnight was shot to death following an argument at an intersection with another motorist outside New Orleans.
These products meant for children over six months old do not meet federal safety standards, including stability requirements.
Donald Trump is turning to a military man to steer the military, choosing retired Gen. James Mattis.
Americans, Canadians, and visitors from all around the world can now enjoy these dancing, changing lights
Five people were killed in two states after at least 13 twisters moved through parts of Alabama, Louisiana, Mississippi and Tennessee.
Friday marks one year since 14 people were killed and 22 others injured in a mass shooting at a holiday gathering in San Bernardino, Califor…
Amber is wanted by the Sedgwick County Sheriff's Office for FORGERY CHARGES.
Southeast boys basketball holds off South 71-65.
South girls basketball beats Southeast 58-28.
Kansas basketball gets set to see a familiar face this weekend when Jerod Haase and the Stanford Cardinal come to Lawrence.
Juanita, her husband, and their six children are thankful for their community's support.
A Great Bend elementary school is experiencing a rash outbreak. Barton County health officials said its symptoms are similar to the common c…
An employee at Osawatomie State Hospital is suing the state of Kansas after she allegedly was raped at the institution.


text:
Alright, so I found out about a relatively new software HRTF called "MyEars", what sets this one apart is that you use a web (flash) application to create your own HRTF profile. Interestingly, both it and the company behind Fmod are out of the same town in Australia, so newer Fmod games will have built in support for it. I'm not sure if that means true binaural or not, but I've been testing out my profile in TF2 (a game with its own software sound, so it's a pretty even field for binaural vs. virtual surround), and so far I'm rather impressed. I'm trying to tell if I have any games that have a new enough version of Fmod to support it natively, and if these games give you true binaural audio.
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Mad Lust Envy's Headphone Gaming Guide: (3/18/2016: MrSpeakers Ether C 1.1 Added) - Page 237post #3541 of 374511/26/12 at 3:03pm
Gear mentioned in this thread:post #3542 of 374511/26/12 at 3:19pm
- maverickronin
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How is that supposed to work? Is it like some sort of virtual sound driver?post #3543 of 374511/26/12 at 3:22pmThread Starter
I'm assuming that's PC only, rendering it useless for me, personally.post #3544 of 374511/26/12 at 3:27pm
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I hope its some kind of virtual sound driver so I can use it with everything on my PC like my video player, youtube, etc...post #3545 of 374511/26/12 at 3:50pmThread Starter
It is, but it doesn't sound quite quite right for me. It's a pain in the ass to calibrate too.post #3546 of 374511/26/12 at 4:12pm
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If you hated the K701 for music, the Q701 you probably won't like. I've found the differences quite large (around 10% improvement), but not enough to make people suddenly love the Q701.
To me, the Q701 just fixes some of the issues I had with the K702. The whole 3 of them.
I don't suggest buying them, but just try them if you ever get a chance. I was never a fan of the K702 for gaming, but love the Q701 for gaming. Most people might find that hard to believe!
Same amps and everything.
My Q701 seems much warmer and fuller sounding than my old K702. The soundstage also feels a lot more accurate and not artificially huge. Not sure how AKG pulled that off.post #3547 of 374511/26/12 at 4:15pm
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Cool. I'm at work right now so I can't mess with it. I'll have to try it.post #3548 of 374511/26/12 at 4:17pmThread Starter
I was on the first test for like 15 minutes before skipping it. The positioning doesn't feel right no matter what I did.post #3549 of 374511/26/12 at 4:32pm
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Its still worth a try at least.post #3550 of 374511/26/12 at 4:32pm
- dexvx
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What's the deal with the Q701 pricing? Amazon has it for $230-250 (apparently no one likes lime green). Other places have it for $350+.
Is there some kind of promotion going on for the q701?post #3551 of 374511/26/12 at 5:13pm
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They've been under $250 or quite awhile. If you're patient it's easy to find a pair for even cheaper as an open box from Amazon Warehouse deals. I scored my pair for $235 about 3 months ago. Listed as like new, but wasn't even open. Just had a big dent in the box.
I wish they came in white with the same color of pads as found on the K701.
Kind of annoying how the color you want is always priced higher. Wanted the white colored one for some reason.
Quote:post #3552 of 374511/26/12 at 6:02pm
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double postpost #3553 of 374511/26/12 at 6:02pm
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Edit: Hmm... are they really fun for music? Because considering how I don't have much use for the DT990 now that I have the D7000s, I might benefit more from the AKGs.
What scares me is that they'll sound reminiscent to the K701 which I hated for music, unless I raped them with bass boosts from the E5 and E7.
....Yeah, the bass didn't have the quantity I desired, and the mids were artificial sounding. Treble and bass QUALITY were great though.
I like them A LOT for music. But If you hated the K701, I'm not sure they could change your opinion much. I think the bass is perfect, not too much and not too little. If you look at the headroom graph for them, that's what you can expect. I don't think the DT990's have too much either. The CALs, do have too much for classical music, but are still OK for other genres - although If I listen to them for too long they could probably give me a headache.
I don't know about the artificial mids, I'm not really sure what that means/sounds like.
Edited by chicolom - 1/26/12 at 6:11pmpost #3554 of 374511/26/12 at 6:53pm
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Well the HD 598 are going to market. I just can't take the sound signature and the pads. I know people say that they are some of the most comfortable around I was constantly irritated by the shape and where they clamped. Which is weird because the clamping wasn't hard or painful. I just found myself adjusting them constantly and was never happy with the position. I keep going back to my Superlux with those cheap awful round pads. So oval is out for me. Back to the drawing board.
I think I need to do some reading and research some comparisons between some Beyers and AKG's. More rum first though.
Quick question though will the E17 play nice with the mixamp? Will the dac in it strip Dolby Headphone from the mixamp? I know they are probably stupid questions but I thought I would ask anyways.post #3555 of 374511/26/12 at 6:58pmThread Starter
You absolutely cannot use a DAC with the Mixamp. With the E17, all you will be using is the internal amp. Also, always use the Mixamp as the first part of the audio chain connected directly to the source so Dolby Headphone can be processed.
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edit: Guys, looks like I'm shifting priorities. I'm returning the DT990/600, and cancelling the Audio-GD stuff. I will be keeping my D7000.Return HomeBack to Forum: Video Games Discussion
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text:
The last few years have been quite challenging for me both physically and emotionally. Without going into great detail, I have been battling depression, big time. My self esteem virtually doesn't exist anymore. I stress eat like crazy. I don't sleep well. I am not physically active. I don't have much interest in the things I usually enjoy doing. The list goes on and on.
Today, however….I hit rock bottom.
I have known that I am overweight for quite some time now. I have made very slight efforts to do anything about it, though. I am a fast food junkie who loves ice cream and soda….especially mixed together. I could quite possibly eat my weight in tacos and lasagna. I should probably buy stock in Little Debbie's snack cakes, considering how much I eat them. It's truly pathetic.
So today, I started researching some articles on weight loss. I don't want to diet. I want to make lifestyle changes. While reading one success story, I decided to take before photos. Whenever I downloaded the photos off of my camera, I almost threw up….literally.
How in the heck did I let myself get this way?!?! I have known for a long time that I have put on way too much weight. The scale continues to tell me so. But I never realized I looked like this.
Now, I completely understand that my worth is not found in what I look like. It is not found in the number on the scale. Or what size pants I put on. But what does bother me is where the fat is at. I constantly gripe at my mother, who is severely diabetic, because she doesn't eat right or exercise and try to take care of herself….and I am following right in her footsteps!!!!
Tomorrow is Day 1 of getting serious about making lifestyle changes. I have said it many, MANY times before. But the photos above are a MAJOR eye opener for me.
And the changes aren't just for my benefit. I have a teenager who I should be a role model for. Right now, all he knows is junk, junk and more junk. We eat at McDonalds at least three times a week. We eat so many processed, frozen meals at home. I know how to cook….I'm just lazy. I use the excuse of being too busy and tired whenever I get home. Yet, I have a Crock-Pot that could do a lot of the work for me during the day. And there are plenty of recipes that don't require that much time to prepare. I'm just simply lazy.
But starting tomorrow, things will change. They HAVE to change. Because this is not who I want to be.


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In this video you will learn how to crochet this fun hat. I originally uploaded in 2012 but many said they couldn't find the video on my channel. Also there are a lot of
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Muthukaruppan promoted as DGP
Additional Director General of Police/Director, Civil Defence and Additional Commandant General, Home Guards, K. Muthukaruppan has been promoted as Director General of Police.
A note issued by Home (SC) Department, on Wednesday, said he was promoted and posted as DGP/Director, Civil Defence and Commandant General, Home Guards, Chennai, in a newly created post. Besides Mr. Muthukaruppan, two more Indian Police Service officers were given new postings. Another note, issued on Tuesday, said N.K. Senthamarai Kannan, Deputy Inspector General of Police/Special officer, Tirupur City, is posted as Commissioner of Police, Tirupur City. R.Thirunavukkarasu, Deputy Commissioner of Police, Tirupur City, has been posted as DCP, Law and Order, Crime and Traffic, Tirupur City.


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Are The Chargers Poised For A Playoff Run?
The San Diego Chargers (6-5) finally looked like the team that many expected them to be at the beginning of the season, trouncing Peyton Manning and the Indianapolis Colts (6-5) 36-14 at Lucas Oil Stadium on Sunday night.
Finally, the Chargers are over .500 for the first time this season. Finally, San Diego claimed sole possession of second place in the AFC West and sit within striking distance of the Kansas City Chiefs (7-4) who, I might add, they play in two weeks.
Finally, the Chargers' special teams units weren't a glaring weakness and actually managed to be a significant strength with kicker Nate Kaeding posting an impressive five field goals including a 50-yarder.
Finally, San Diego not only won the turnover battle but thoroughly dominated it, intercepting Peyton Manning four times (two of which were returned to pay dirt) and forcing a Javarris James fumble. Philip Rivers, meanwhile, protected the ball to perfection, completing 19 of 23 passes for 185 yards.
Finally, Norv Turner's squad won a game on the road against a perennial Super Bowl contender and its all-time great quarterback. Before Sunday night, San Diego's marquee road win was against the Houston Texans who, at 5-6, haven't been particularly impressive. The destruction of the Colts in front of a national television audience has undeniable significance.
And, finally, the Bolts appear poised to make a legitimate postseason run despite the dreadful 2-5 start to the season. With five games remaining, San Diego has three remaining divisional games, with two of those to be played at Qualcomm Stadium. The other two games are against the San Francisco 49ers (3-7) and the Cincinnati Bengals (2-9), two last place teams.
Is an 11-5 record out of the question? Absolutely not - and it is likely to be enough to capture the Chargers a fifth consecutive AFC West crown and subsequent trip to the playoffs.
So what's not to like? I'll touch on that below as well as some specific positives that stood out on Sunday night.
What I Liked, Besides Starting Mike Tolbert on My Fantasy Team
Winning the Turnover Battle
I realize that I may seem to be a broken record on this topic, but its importance cannot be underestimated. The Chargers dominated the turnover margin and, in turn, dominated just about every other statistical category. By cutting off five Colts' drives prematurely, San Diego controlled the ball for 35:38, more than 11 minutes longer than Indianapolis had possession (24:22). With all that extra time with the ball, the Bolts dominated the running game (129 yards to the Colts' 24). With the run game established, the Chargers put up more than a yard per passing play more than Indianapolis (6.9 yards per play to 5.7). See where I'm going with this? But most importantly, the defense returned to picks to the house for 14 points while holding the Colts' offense to only 14 points. Impressive.
Nate Kaeding
I know, I know. It's not the playoffs. But still, Kaeding came up big in a big game in November when his team needed him to. The kicker knocked in a perfect five field goals on five attempts (28, 33, 50, 30, 20) and single handedly outscored the Colts. A few weeks ago I would have applauded the special teams for avoiding a complete disaster, but tonight this portion of the unit was an asset for the Chargers.
Philip Rivers, Game Manager
Philip Rivers' stats on Sunday night may not have been eye popping (19-23, 185 yards, 0 TDs, 0 INTs) but he did what he needed to do to win. He threw the ball with impressive accuracy (see 83% completion percentage), protected the ball, made plays when he needed to and let the running game and defense do the rest. The Chargers will need Rivers to win some games down the stretch, that's for sure. On Sunday they only needed him to manage the game, which he did perfectly.
Mike Tolbert the Every-Down Back
Chargers general manager gave up a lot when he traded up in last April's draft to pick Ryan Mathews 13th overall, but it looks like his every-down back was already on the roster. The 5 foot 9, 243 pound Tolbert carried the ball 26 times for 103 yards and one touchdown and had two catches for 15 yards. Yes, he's built like a fullback and was supposed to get mostly short yardage and goal line carries this year, but for the second week in a row (and third time this year) he eclipsed the century mark while doing the bulk of the team's work on the ground.
What I Didn't Like, Besides Vincent Jackson Lasting All of One Series
Red Zone Field Goals
I realize that with result as it is this will appear to be nitpicking, but it's very rare that an opposing quarterback - let alone a future hall of famer - will giftwrap a game by turning the ball over as frequently as Peyton Manning did on Sunday night. As the season winds down and playoff games loom, the Bolts simply have to leave the red zone with 7 points. When a kicker has four field goal attempts inside 35 yards, as Nate Kaeding did on Sunday, then his offense is sputtering inside the red zone. On this night it didn't end up mattering, but in the future it certainly will.
Chime In
Are you willing to officially announce yourself to be a believer in this Chargers team? Will they win out, go 11-5 and win the AFC West again, or will they find a way to give games away as they did earlier in the season? If they do earn a postseason spot, will they make a Super Bowl push? Sound off below.
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Purchasing Engineer /วิศวกรจัดซื้อ
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Essential Vitamin C with Bioflavonoids & Rosehip is a premium supplement containing 1000mg of Vitamin C and its most synergistic counterparts.
Vitamin C is an essential vitamin found naturally in many fruit and vegetables, in particular citrus fruits. The benefits of vitamin C may include protection against immune system deficiencies, cardiovascular disease, prenatal health problems, eye disease, and even skin wrinkling. Rosehip is a rich source of polyphenols and flavonoids which further enhance the antioxidant qualities of vitamin C.
These premium quality and easy to swallow tablets are an ideal way for anyone to support their general health and well being. To be taken as part of a varied and balanced diet and a healthy lifestyle.
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Whitwell is a friendly, welcoming community club with two senior Saturday teams, playing in the Championship and 4th divisions of the Bassetlaw Cricket league.
Additionally the club has a thriving junior section fielding mixed sex teams at u11 and u13 in the Bassetlaw Junior league whilst 2016 has seen further development of the club's Ladies section. We also field an Under 19 side.
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New members are most welcome, if you require any further information please contact us on 07975787855 or via email on firstname.lastname@example.com


text: Photos of the Day: Dec. 6 In today's pictures, a U.S. soldier carries his guitar and gun in Iraq, Greeks protests in Athens, Shiite Muslims celebrate Ashura in India and more. December 6, 2011 December 6, 2011 Article Not Supported We're sorry but this article contains media that is not currently supported in this app. You will be redirected to the article on wsj.com in 5 seconds. If you are not redirected automatically, click this link.... To Read the Full Story, Subscribe or Sign In


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Fallen From Beauty
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This is the third quest in the Ashen Order and Ashen Disciples quest line:


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Check in from 14h / Check out prior to 11h
Apartments Lucac Manus Split: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Split, Croatia.
Apartments Lucac Manus Split is located in Split and features free Wi-Fi. It is situated in close proximity to many popular bars, clubs and restaurants.
Hotel description
This 3-star property offers luggage storage, a 24-hour reception and parking.
All the apartments at Apartments Lucac Manus feature a refrigerator, plus all the essentials for a comfortable stay. All have a flat-screen TV, heating and a private bathroom with a shower.
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Become a Brand Ambassador
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So how do I join?
Email firstname.lastname@example.com. He'll reach out to you via email in the next couple of days.


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Thousands in Guangxi honored the passing of Mo Zhengao who devoted his life to helping impoverished underprivileged children get an education to escape poverty.
A young Chinese man studying in Peking University's library has gone viral with female netizens in China for his good looks and impressive academic achievements.
In the first study of its kind, Chinese diaosi (internet slang for "loser") earn an average of 2919.7 RMB per month and 72.3% are unhappy with their lives.
A gay Chinese university student in Qingdao shares how he discovered he was HIV+, attempted suicide, and his ongoing worries about his once promising future.
Translated Chinese media commentary and netizen reactions to multiple American universities ending their partnerships with China's Confucius Institute program.
Cynical Chinese netizens react negatively to a 27-year-old Tsinghua University graduate being appointed Deputy Mayor of Longhai city in Fujian province.
A Chinese teacher in Shaanxi was caught by students secretly photographing/filming female students as they bathed and beaten near death when he tried to flee.
Chinese netizens disgusted by an Anhui Xinhua University president riding around in a black convertible Audi like a government leader to inspect new students.
Chinese netizen reactions to a news report that the Chinese-American target of the 2013 Pakistan Nanga Parbat tourist shooting fought back with "martial arts":
Students place face masks on various historical scholar sculptures on the Peking University campus, as social commentary criticizing the city's air pollution.
The story and interview with a young Chinese man, once a top gaokao scorer but now unemployed and homeless 4 years after graduating from a famous university.
Chinese netizens sing praises of Shao Yifu (Shao Renleng), influential Asian entertainment industry figure and philanthropist, who died at age 107 in Hong Kong.
A Wuhan university schoolgirl's three-line love poem written with mathematics symbols wins first place, praised as "elite, magnanimous, and high-class".
A sample of humorous status messages by Chinese college and university students on the Renren social network, the Chinese equivalent of Facebook in China.
Chinese netizen reactions to Beijing "reforming" its "gaokao" national university entrance exam, decreasing points for English and increasing them for Chinese.
A sample of Chinese internet memes and humor about Double 11s Day, 3-line love letters, swimming champion Sun Yang's detention, and "Where Are We Going, Dad?"
Beijing Foreign Studies University students share what their vaginas "say" to promote female empowerment and their school's adaptation of "The Vagina Monologues".


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Five years ago, we heard people say that the next big thing in technology will be wearables, and today, wearables are used extensively for personal as well as p
The construction industry is a multibillion-dollar industry. Yet, many of their processes have remained unchanged. Even though many technologies have been intro
Smart watches are the future of watches. A report from Business Insider estimates that 148 million wearable devices will be sold by 2019, out of which 59% will
When Microsoft first unveiled HoloLens, I was blown away because I didn't know what to think about it. But, now I can summarize the entire thing in this
Wearable technology is already revolutionizing all the sectors and healthcare has not been left behind. Tech experts assume that wearable technology
We live in a world where things around us are changing with a lightning speed.
Walkingspree required an Android app for its corporate wellness program to help users monitor and analyze their daily physical activities. In addition
Apple Inc. has finally revealed that they will start shipping Apple Watches on April 24th. The announcement indicates that they have built many useful
The launch of Apple Watch and the public response to it seems set to repeat Apple's record of outperforming its competitor; with stores expecting
Softweb Hackathon 2014 was an incredible opportunity for employees. As iOS developers
Technology has always been the greatest driving force in the evolving modern world.


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Last night, Kanye West finally revealed that the name of his new album is The Life of Pablo, and though it was no longer a secret, there's still some mystery behind the title. Notably, which Pablo is Kanye talking about, because there seems to be a few options. It's worth noting that Kanye referenced Pablo on "No More Parties in LA," though he still didn't give any real hints as to which Pablo it was. With the album finally dropping in a few hours, we decided to run through some of the possibilities.
Pablo Picasso: This seems like a strong possibility. Not only did 'Ye name-drop Picasso on the Watch the Throne song, "Who Gon Stop Me," but he also directly compared himself to the famous artist during a lecture at Oxford. "My goal, if I was going to do art, fine art, would have been to become Picasso or greater," 'Ye said. Well, did Picasso ever make My Beautiful Dark Twisted Fantasy? Checkmate.
Pablo Escobar: Another strong possibility because rappers really love famous drug dealers. Maybe Kanye just binge-watched Narcos on Netflix.
Petey Pablo: The longshot, but this is easily the most hilarious option. Though, nobody can argue that "Freek-A-Leak" isn't an undisputable classic.
Pablo, the kid responsible for Kanye's presidential announcement: There is no chance that this is it, but it's worth mentioning because it's awesome.
Random guy makes #KanyeWest announce presidency bid at the #2015VMAs
A video posted by @24urbancom on Sep 1, 2015 at 2:14am PDT


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BRIDGEPORT - Bridgeport police say they have arrested a suspect for killing a man and leaving his body in an abandoned house.
The body of Angel Gonzalez was found on the third floor of an abandoned house on Brooks Street.
Police say Tyree Smith was arrested last night at his home in Florida.
Police say Gonzalez died from blunt force trauma to the head.
Family and friends have set up a memorial at the home where the body was discovered. They say a funeral will be too costly and so a service will be held on the street this Friday.
Bridgeport death ruled a homicideBody found in abandoned Bridgeport building


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"There are rumors out there which are completely untrue and hurtful to our family. We just want to make it very clear – there are no third parties involved."
On Tuesday, the couple confirmed the split news to US Weekly and said, "While we have decided to end our marriage, we both share the same deep love and devotion to our children. We remain dedicated to raising our beautiful daughters together. We ask for privacy and respect during this time."
Together, they have three daughters, Luca, 14, Lola, 9, and Fiona, 5.


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#WGNACountryfest 2015 Live Tweets
Did you miss out on all the Countryfest 2015 action? You can relive it through these tweets!
Exclusive First Look at Countryfest 2015 Merch
Countryfest 2015 is just DAYS away, so we're giving you a treat!
Directions to Countryfest & Schaghticoke Fairgrounds
Schaghticoke Fairgrounds: 69 Stillwater Bridge Rd, Schaghticoke NY 12154
From Saratoga: Take US-4 S for 9 miles and turn left onto Stillwater Bridge Rd...
Last Chance to Get Countryfest Tickets for $45
#WGNACountryfest is almost a week away and we want to make sure you grab your tickets for $45 while you still can!
Carrie Underwood Contest
Northerners Drink More Than Southerners, Study Says
Escapee David Sweat to Be Treated at Albany Med, Reports Say
Clinton Correctional Facility prison escapee David Sweat is being transferred to Albany Medical Center for treatment after a gunshot wound that helped state troopers capture the convict on Sunday, according to CBS6 News.
Prison Escapee Reportedly Shot Dead, Other Escapee On the Loose Still
Richard Matt, one of the two notorious prison escapees from the Clinton Correctional Facility has been shot dead, according to the Press Republican. David Sweat, the other convicted killer who escaped with Matt, remains on the loose.
Rustic Barn Pub to Host Official Countryfest 2015 After Party
For the second year in a row, the Rustic Barn Pub will host the official Countryfest After Party immediately following the year's biggest Capital Region country concert on July 11!
Albany Urban Legends You May Not Have Heard Of
Albany's not exactly the first city you think of when it comes to hauntings, hocus pocus and urban legends. But we do have a few legends around the Capital Region you should try not to think about when you're driving up and down the Northway (or when you're trying to fall asleep at night)...
What's Dierks Bentley Doing With the Stanley Cup?
Help WGNA Support Animals in Need at the Paws in the Park Walk
WGNA has teamed up with the Mohawk Hudson Humane Society to help animals in need during their Paws in the Park Walk hosted by our very own Sean McMaster! But we need your support to help as many animals as possible.


text: I've noticed on 2.0 that the iPod remains connected to the Wi-fi even on stand by (at least it seems it is). On 1.1.4, when it was on stand by and I pressed home, the Wi-fi icon used to be hidden then after some seconds it appeared again (meaning on stand by it turns wi-fi off), but on 2.0 it seems to be always there. Is it like that on yours? I'm always paranoid with battery life Please Register or Log in to view images heh


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MC401 - Motorcycle Lift 454kg Capacity Hydraulic
Supplier: Jack Sealey Ltd | Brand: SEALEY | Product: MC401
Share this product
Details of MC401
o All steel construction with heavy-duty, foot operated, integral hydraulic pump and ram assembly.
o Fitted with platform safety lock device to fix at two working heights of 710mm and 490mm and to prevent accidental lowering.
o Sliding panel platform and front wheel clamp assist removal of rear motorcycle wheel.
o Platform fitted with full width loading ramp.
o Base assembly fitted with transport wheels and lock-downs to prevent lift moving during use.
o Suitable for use with centre stand motorcycles or with paddock stand.
Barcode: 5024209513272
Warranty: 1 Year
166 Kg
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